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VOLUME 6
Titles 54 through 71
2006
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2006 regular session, which
adjourned sine die March 8, 2006.
(2006 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2006 Edition
©
2006 State of Washington
CERTIFICATE
The 2006 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
MARTY BROWN, Chair
STATUTE LAW COMMITTEE
PRINTED ON RECYCLABLE MATERIAL
For recycling information call:
Recycle Hotline
1-800-732-9253
[Preface—p ii]
(2006 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections
already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of
the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between
original sections so that for a time new sections may be inserted without extension of the section number beyond
three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of
sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was
adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in
exercise of the powers in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of
a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source,
but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in
the concluding segments of the source note of each section of the code so affected. The legislative source of each
section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23
§ 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior"
indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the
parallel citation in Remington's Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component
section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to
each other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the
Rules of Court and the State Constitution.
Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified
are tabulated in numerical order in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington's
Revised Statutes.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, within the limits of available
time and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment.
When those who use this code detect errors in particular sections, a note citing the section involved and the nature of
the error may be sent to: Code Reviser, Box 40551, Olympia, WA 98504-0551, so that correction may be made in a
subsequent publication.
(2006 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
46
47
Highways and motor vehicles
Motor vehicles
Public highways and transportation
48
Insurance
49
50
51
Labor
Labor regulations
Unemployment compensation
Industrial insurance
52
53
54
55
57
Local service districts
Fire protection districts
Port districts
Public utility districts
Sanitary districts
Water-sewer districts
58
59
60
61
62A
63
64
65
Property rights and incidents
Boundaries and plats
Landlord and tenant
Liens
Mortgages, deeds of trust, and real estate contracts
Uniform Commercial Code
Personal property
Real property and conveyances
Recording, registration, and legal publication
66
67
68
69
70
71
71A
72
73
74
Public health, safety, and welfare
Alcoholic beverage control
Sports and recreation—Convention facilities
Cemeteries, morgues, and human remains
Food, drugs, cosmetics, and poisons
Public health and safety
Mental illness
Developmental disabilities
State institutions
Veterans and veterans' affairs
Public assistance
76
77
78
79
79A
Public resources
Forests and forest products
Fish and wildlife
Mines, minerals, and petroleum
Public lands
Public recreational lands
80
81
Public service
Public utilities
Transportation
82
83
84
Taxation
Excise taxes
Estate taxation
Property taxes
85
86
87
88
89
90
91
Waters
Diking and drainage
Flood control
Irrigation
Navigation and harbor improvements
Reclamation, soil conservation, and land settlement
Water rights—Environment
Waterways
General provisions
2
3
4
5
6
7
8
9
9A
10
11
12
13
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
14
Aeronautics
15
16
17
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
18
19
20
21
22
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
23
23B
24
25
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
26
Domestic relations
27
28A
28B
28C
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
29A
Elections
30
31
32
33
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
34
35
35A
36
37
38
39
40
41
42
43
44
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
[Preface—p iv]
(2006 Ed.)
Title 54
Chapters
54.04
54.08
54.12
54.16
54.20
54.24
54.28
54.32
54.36
54.40
54.44
54.48
54.52
Title 54
PUBLIC UTILITY DISTRICTS
General provisions.
Formation—Dissolution—Elections.
Commissioners.
Powers.
Condemnation proceedings.
Finances.
Privilege taxes.
Consolidation and annexation.
Liability to other taxing districts.
Five commissioner districts.
Nuclear, thermal, electric generating power
facilities—Joint development.
Agreements between electrical public utilities
and cooperatives.
Voluntary contributions to assist low-income
customers.
Acquisition of electrical distribution property from public utility district by
cities and towns: RCW 35.92.054.
Conversion of overhead electric utility to underground: Chapter 35.96
RCW, RCW 36.88.410 through 36.88.485.
Conveyance of real property by public bodies—Recording: RCW 65.08.095.
Credit card use by local governments: RCW 43.09.2855.
Electric energy, falling waters—Sale or purchase authorized: RCW
43.52.410.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Joint operating agencies: Chapter 43.52 RCW.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Municipal corporation may authorize investment of funds which are in custody of county treasurer or other municipal corporation treasurer:
RCW 36.29.020.
Municipal utilities: Chapter 35.92 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Water-sewer districts, disposition of property to public utility district:
Chapter 57.42 RCW.
Chapter 54.04
Chapter 54.04 RCW
GENERAL PROVISIONS
Sections
54.04.010
54.04.020
54.04.030
54.04.035
54.04.037
54.04.039
54.04.040
54.04.045
54.04.050
54.04.055
54.04.060
(2006 Ed.)
Definitions.
Districts authorized.
Restrictions on invading other municipalities.
Annexation of territory.
Annexation of territory—Coordination among county officials.
County with federal nuclear reservation within its boundaries—Special procedure for addition or withdrawal of territory from public utility district.
Utilities within a city or town—Restrictions.
Locally regulated utilities—Attachments to poles.
Group employee insurance—Annuities—Retirement income
policies.
Employee benefits—District may continue to pay premiums
after employee retires.
District elections.
54.04.070
54.04.080
54.04.082
54.04.085
54.04.090
54.04.092
54.04.100
54.04.120
54.04.130
54.04.140
54.04.150
54.04.160
54.04.170
54.04.180
Contracts for work or materials—Notice—Exemptions.
Bids—Deposit—Low bidder claiming error—Contract—
Bond—Definitions.
Alternative bid procedure.
Electrical facility construction or improvement—Bid proposals—Contract proposal forms—Conditions for issuance—
Appeals.
Minimum wages.
Application of RCW 54.04.070 through 54.04.090 to certain
service provider agreements under chapter 70.150 RCW.
Wholesale power—Procedure as to rate filing—Definition—
Duty to furnish to district.
Planning powers.
Employee benefit plans when private utility acquired—Rights,
powers and duties as to existing private employee benefit
plans.
Employee benefit plans when private utility acquired—
Admission to district’s employee plan—Service credit—
Contributions—Benefits.
Employee benefit plans when private utility acquired—Agreements and contracts—Prior rights preserved.
Assumption of obligations of private pension plan when urban
transportation system acquired.
Collective bargaining authorized for employees.
Collective bargaining authorized for districts.
Lien for labor and materials on public works: Chapter 60.28 RCW.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Traffic control at work sites: RCW 47.36.200.
Utility poles, unlawful to attach object to—Penalty: RCW 70.54.090.
54.04.010 Definitions. As used in this title "revenue
obligation" or "revenue obligations" mean and include bonds,
notes, warrants, certificates of indebtedness, or any other evidences of indebtedness issued by a district which, by the
terms thereof, shall be payable from the revenues of its public
utilities. [1959 c 218 § 14.]
54.04.010
"Wholesale power" defined: RCW 54.04.100.
54.04.020 Districts authorized. Municipal corporations, to be known as public utility districts, are hereby authorized for the purposes of chapter 1, Laws of 1931 and may be
established within the limits of the state of Washington, as
provided herein. [1931 c 1 § 2; RRS § 11606.]
54.04.020
Purpose—1931 c 1: "The purpose of this act is to authorize the establishment of public utility districts to conserve the water and power resources
of the State of Washington for the benefit of the people thereof, and to supply
public utility service, including water and electricity for all uses." [1931 c 1
§ 1.]
Severability—Construction—1931 c 1: "Adjudication of invalidity of
any section, clause or part of a section of this act shall not impair or otherwise affect the validity of the act as a whole or any other part thereof.
The rule of strict construction shall have no application to this act, but
the same shall be liberally construed, in order to carry out the purposes and
objects for which this act is intended.
When this act comes in conflict with any provision, limitation or
restriction in any other law, this act shall govern and control." [1931 c 1 §
11.]
54.04.030
54.04.030 Restrictions on invading other municipalities. Chapter 1, Laws of 1931, shall not be deemed or construed to repeal or affect any existing act, or any part thereof,
[Title 54 RCW—page 1]
54.04.035
Title 54 RCW: Public Utility Districts
relating to the construction, operation and maintenance of
public utilities by irrigation or water-sewer districts or other
municipal corporations, but shall be supplemental thereto and
concurrent therewith. No public utility district created hereunder shall include therein any municipal corporation, or any
part thereof, where such municipal corporation already owns
or operates all the utilities herein authorized: PROVIDED,
that in case it does not own or operate all such utilities it may
be included within such public utility district for the purpose
of establishing or operating therein such utilities as it does not
own or operate: PROVIDED, FURTHER, That no property
situated within any irrigation or water-sewer districts or other
municipal corporations shall ever be taxed or assessed to pay
for any utility, or part thereof, of like character to any utility,
owned or operated by such irrigation or water districts or
other municipal corporations. [1999 c 153 § 64; 1931 c 1 §
12; RRS § 11616.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Irrigation districts: Title 87 RCW.
Municipal utilities: RCW 80.04.500, 81.04.490 and chapter 35.92 RCW.
Water-sewer districts: Title 57 RCW.
54.04.035
54.04.035 Annexation of territory. In addition to other
powers authorized in Title 54 RCW, public utility districts
may annex territory as provided in this section.
The boundaries of a public utility district may be
enlarged and new contiguous territory added pursuant to the
procedures for annexation by cities and towns provided in
RCW 35.13.015 through 35.13.110. The provisions of these
sections concerning community municipal corporations,
review boards, and comprehensive plans, however, do not
apply to public utility district annexations. For purposes of
conforming with such procedures, the public utility district is
deemed to be the city or town and the board of commissioners is deemed to be the city or town legislative body.
Annexation procedures provided in this section may
only be used to annex territory that is both: (1) Contiguous to
the annexing public utility district; and (2) located within the
service area of the annexing public utility district. As used in
this section, a public utility district’s "service area" means
those areas whether located within or outside of the annexing
public utility district’s boundaries that were generally served
with electrical energy by the annexing public utility district
on January 1, 1987. Such service area may, or may not, have
been recognized in an agreement made under chapter 54.48
RCW, but no area may be included within such service area
that was generally served with electrical energy on January 1,
1987, by another public utility as defined in RCW 54.48.010.
An area proposed to be annexed may be located in the same
or a different county as the annexing public utility district.
If an area proposed to be annexed is located within the
boundaries of another public utility district, annexation may
be initiated only upon petition of registered voters residing in
the area in accordance with RCW 35.13.020 and adoption by
the boards of commissioners of both districts of identical resolutions stating (a) the boundaries of the area to be annexed,
(b) a determination that annexation is in the public interest of
the residents of the area to be annexed as well as the public
interest of their respective districts, (c) approval of annex[Title 54 RCW—page 2]
ation by the board, (d) the boundaries of the districts after
annexation, (e) the disposition of any assets of the districts in
the area to be annexed, (f) the obligations to be assumed by
the annexing district, (g) apportionment of election costs, and
(h) that voters in the area to be annexed will be advised of
lawsuits that may impose liability on the annexed territory
and the possible impact of annexation on taxes and utility
rates.
If annexation is approved, the area annexed shall cease to
be a part of the one public utility district at the same time that
it becomes a part of the other district. The annexing public
utility district shall assume responsibility for providing the
area annexed with the services provided by the other public
utility district in the area annexed. [1987 c 292 § 2; 1983 c
101 § 1.]
Consolidation and annexation: Chapter 54.32 RCW.
54.04.037
54.04.037 Annexation of territory—Coordination
among county officials. When territory has been added to a
public utility district in accordance with RCW 54.04.035, the
supervisor of elections and other officers of the county in
which the public utility district first operated shall coordinate
elections, the levy and collection of taxes, and other necessary duties with the appropriate county officials of the other
county. [1987 c 292 § 3.]
54.04.039
54.04.039 County with federal nuclear reservation
within its boundaries—Special procedure for addition or
withdrawal of territory from public utility district. (1)
Any voting precinct located within a county that has a federal
nuclear reservation within its boundaries is:
(a) Withdrawn from a public utility district if the precinct
receives at least one electric distribution, water, or sewer service from a city, and no electric distribution, water, or sewer
service from a public utility district;
(b) Included in a public utility district if any portion of
the precinct receives at least one electric distribution, water,
or sewer service from the public utility district.
(2) For voting precincts that meet the requirements of
subsection (1) of this section, within ten days after March 24,
2004, and for voting precincts that later meet the requirements of subsection (1) of this section, within thirty days of
meeting the requirements:
(a) The city that provides any electric distribution, water,
or sewer service to a precinct that is withdrawn from a public
utility district under subsection (1) of this section shall submit to the public utility district and the county auditor a list of
street addresses, or map of the areas to which any service is
provided;
(b) The public utility district that provides any electric
distribution, water, or sewer service to a precinct that is
included in the public utility district under subsection (1) of
this section shall submit to the city or town and the county
auditor a list of street addresses, or map of the areas to which
any service is provided.
(3) Within ten days of receipt of the information required
under subsection (2) of this section, the auditor shall determine which voting precincts are required to be withdrawn
from or included in the public utility district, and provide that
information to the public utility district commissioners who
(2006 Ed.)
General Provisions
shall, within ten days, revise the boundaries of the district in
conformance with RCW 54.12.010 without dividing any voting precinct.
(4) Unless otherwise provided in an agreement between
the public utility district and the city or town, taxes or assessments levied or assessed against property located in an area
withdrawn from a public utility district shall remain a lien
and be collected as by law (a) if the taxes or assessments were
levied or assessed before the withdrawal or (b) if the levies or
assessments were made to pay or secure an obligation of the
district duly incurred or issued before the withdrawal. The
withdrawal of an area from the boundaries of a district does
not exempt any property therein from taxation or assessment
for the purpose of paying the costs of retiring or redeeming
any obligation of the district duly incurred or issued before
the withdrawal.
(5) Except as set forth in subsection (4) of this section, a
public utility district may not levy or impose any taxes upon
property located within those voting precincts withdrawn
from the public utility district.
(6) Nothing in chapter 113, Laws of 2004 limits the
authority of public utility districts and cities or towns to enter
into service agreements that are otherwise permitted by law.
[2004 c 113 § 2.]
Effective date—2004 c 113: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 24, 2004]." [2004 c 113 § 3.]
54.04.040
54.04.040 Utilities within a city or town—Restrictions. A district shall not construct any property to be utilized by it in the operation of a plant or system for the generation, transmission, or distribution of electric energy for sale,
on the streets, alleys, or public places within a city or town
without the consent of the governing body of the city or town
and approval of the plan and location of the construction,
which shall be made under such reasonable terms as the city
or town may impose. All such properties shall be maintained
and operated subject to such regulations as the city or town
may prescribe under its police power. [1957 c 278 § 9. Prior:
(i) 1941 c 245 § 3a; Rem. Supp. 1941 § 11616-4. (ii) 1941 c
245 § 1, part; Rem. Supp. 1941 § 11616-1.]
54.04.045
54.04.045 Locally regulated utilities—Attachments
to poles. (1) As used in this section:
(a) "Attachment" means the affixation or installation of
any wire, cable or other physical material capable of carrying
electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but
not limited to cable, and any related device, apparatus, or
auxiliary equipment upon any pole owned or controlled in
whole or in part by one or more locally regulated utilities
where the installation has been made with the necessary consent.
(b) "Locally regulated utility" means a public utility district not subject to rate or service regulation by the utilities
and transportation commission.
(c) "Nondiscriminatory" means that pole owners may not
arbitrarily differentiate among or between similar classes of
persons approved for attachments.
(2006 Ed.)
54.04.060
(2) All rates, terms, and conditions made, demanded or
received by a locally regulated utility for attachments to its
poles must be just, reasonable, nondiscriminatory and sufficient. A locally regulated utility shall levy attachment space
rental rates that are uniform for the same class of service
within the locally regulated utility service area.
(3) Nothing in this section shall be construed or is
intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally
regulated utilities. [1996 c 32 § 5.]
54.04.050
54.04.050 Group employee insurance—Annuities—
Retirement income policies. (1) Subject to chapter 48.62
RCW, any public utility district engaged in the operation of
electric or water utilities may enter into contracts of group
insurance for the benefit of its employees, and pay all or any
part of the premiums for such insurance. Such premiums
shall be paid out of the revenues derived from the operation
of such properties: PROVIDED, That if the premium is to be
paid by the district and employees jointly, and the benefits of
the policy are offered to all eligible employees, not less than
seventy-five percent of such employees may be so insured.
(2) A public utility district whose employees or officials
are not members of the state retirement system engaged in the
operation of electric or water utilities may contract for individual annuity contracts, retirement income policies or group
annuity contracts, including prior service, to provide a retirement plan, or any one or more of them, and pay all or any part
of the premiums therefor out of the revenue derived from the
operation of its properties. [1991 sp.s. c 30 § 23; 1984 c 15 §
1; 1959 c 233 § 1; 1941 c 245 § 8; Rem. Supp. 1941 §
11616-6.]
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
Severability—1941 c 245: "If any section or provision of this act shall
be adjudged to be invalid, such adjudication shall not affect the validity of
the act as a whole or any section, provision or part thereof not adjudged to be
invalid." [1941 c 245 § 11.]
Group insurance: Chapters 48.21 and 48.24 RCW.
Hospitalization and medical insurance authorized: RCW 41.04.180.
54.04.055
54.04.055 Employee benefits—District may continue
to pay premiums after employee retires. Any public utility
district which provides for the coverage of any of its employees under any plan for individual annuity contracts, retirement income policies, group annuity contracts, group insurance for the benefit of its employees, or any other contract for
the benefit of its employees, and pays all or any part of the
premiums or other payments required therefor, is hereby
authorized to continue to make such payments for such
employees after their retirement from employment. Such
payments agreed to by the public utility district shall be considered as deferred compensation. Such payments shall not
be retroactive but shall only be available for those employees
employed on or after August 6, 1965 provided that such payments for retired employees shall not exceed those being paid
for regular employees. [1965 ex.s. c 149 § 1.]
54.04.060
54.04.060 District elections. The supervisor of elections or other proper officer of the county shall give notice of
all elections held under this title, for the time and in the man[Title 54 RCW—page 3]
54.04.070
Title 54 RCW: Public Utility Districts
ner and form provided for city, town, school district, and port
district elections. When the supervisor or other officer deems
an emergency exists, and is requested so to do by a resolution
of the district commission, he may call a special election at
any time in the district, and he may combine or divide precincts for the purpose of holding special elections, and special elections shall be conducted and notice thereof given in
the manner provided by law.
The supervisor or other officer shall provide polling
places, appoint the election officers, provide their compensation, provide ballot boxes, and ballots or voting machines,
poll books and tally sheets, and deliver them to the election
officers at the polling places, publish and post notices of the
elections in the manner provided by law, and apportion to the
district its share of the expense of the election.
The manner of conducting and voting at the elections,
opening and closing of polls, keeping of poll lists, canvassing
the votes, declaring the result, and certifying the returns, shall
be the same as for the election of state and county officers,
except as otherwise provided herein.
The district commission shall certify to the supervisor a
list of offices to be filled at a district election and the commission, if it desires to submit to the voters of the district a proposition, shall require the secretary of the commission to certify it at the time and in the manner and form provided for
certifying propositions by the governing board of cities,
towns, and port districts. [1951 c 207 § 1; 1941 c 245 § 5;
1931 c 1 § 5; RRS § 11609.]
54.04.070
54.04.070 Contracts for work or materials—
Notice—Exemptions. Any item, or items of the same kind
of materials, equipment, or supplies purchased, the estimated
cost of which is in excess of ten thousand dollars, exclusive
of sales tax shall be by contract: PROVIDED, That a district
may make purchases of the same kind of items of materials,
equipment and supplies not exceeding five thousand dollars
in any calendar month without a contract, purchasing any
excess thereof over five thousand dollars by contract. Any
work ordered by a district commission, the estimated cost of
which is in excess of ten thousand dollars exclusive of sales
tax, shall be by contract, except that a district commission
may have its own regularly employed personnel perform
work which is an accepted industry practice under prudent
utility management without a contract. Prudent utility management means performing work with regularly employed
personnel utilizing material of a worth not exceeding fifty
thousand dollars in value without a contract: PROVIDED,
That such limit on the value of material being utilized in work
being performed by regularly employed personnel shall not
include the value of individual items of equipment purchased
or acquired and used as one unit of a project. Before awarding
such a contract, the commission shall publish a notice once or
more in a newspaper of general circulation in the district at
least thirteen days before the last date upon which bids will
be received, inviting sealed proposals for the work or materials; plans and specifications of which shall at the time of the
publication be on file at the office of the district subject to
public inspection. Any published notice ordering work to be
performed for the district shall be mailed at the time of publication to any established trade association which files a written request with the district to receive such notices. The com[Title 54 RCW—page 4]
mission may at the same time and as part of the same notice,
invite tenders for the work or materials upon plans and specifications to be submitted by the bidders.
All contract projects equal to or in excess of one hundred
thousand dollars shall be let by competitive bidding unless
the public utility district lets contracts using the small works
roster process under RCW 39.04.155.
Whenever equipment or materials required by a district
are held by a governmental agency and are available for sale
but such agency is unwilling to submit a proposal, the commission may ascertain the price of such items and file a statement of such price supported by the sworn affidavit of one
member of the commission and may consider such price as a
bid without a deposit or bond.
The commission may waive the competitive bidding
requirements of this section pursuant to RCW 39.04.280 if an
exemption contained within that section applies to the purchase or public work. [2002 c 72 § 2; 2000 c 138 § 211; 1998
c 278 § 7; 1993 c 198 § 14; 1990 c 251 § 1; 1971 ex.s. c 220
§ 4; 1955 c 124 § 2. Prior: 1951 c 207 § 2; 1931 c 1 § 8, part;
RRS § 11612, part.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Contracts with state department of transportation: RCW 47.01.210.
Emergency public works: Chapter 39.28 RCW.
Prevailing wages on public works: Chapter 39.12 RCW.
Public purchase preferences: Chapter 39.24 RCW.
54.04.080
54.04.080 Bids—Deposit—Low bidder claiming
error—Contract—Bond—Definitions. Any notice inviting sealed bids shall state generally the work to be done, or
the material to be purchased and shall call for proposals for
furnishing it, to be sealed and filed with the commission on or
before the time named therein. Each bid shall be accompanied by a certified or cashier’s check, payable to the order of
the commission, for a sum not less than five percent of the
amount of the bid, or accompanied by a bid bond in an
amount not less than five percent of the bid with a corporate
surety licensed to do business in the state, conditioned that
the bidder will pay the district as liquidated damages the
amount specified in the bond unless he or she enters into a
contract in accordance with his or her bid and furnishes the
performance bond within ten days from the date on which he
or she is notified that he or she is the successful bidder. A low
bidder who claims error and fails to enter into a contract is
prohibited from bidding on the same project if a second or
subsequent call for bids is made for the project.
At the time and place named, the bids shall be publicly
opened and read, and the commission shall canvass the bids,
and may let the contract to the lowest responsible bidder upon
the plans and specifications on file, or to the best bidder submitting his or her own plans or specifications; or if the contract to be let is to construct or improve electrical facilities,
the contract may be let to the lowest bidder prequalified
according to the provisions of RCW 54.04.085 upon the
plans and specifications on file, or to the best bidder submitting his or her own plans and specifications: PROVIDED,
That no contract shall be let for more than fifteen percent in
excess of the estimated cost of the materials or work. The
commission may reject all bids and readvertise, and in such
(2006 Ed.)
General Provisions
case all checks shall be returned to the bidders. The commission may procure materials in the open market, have its own
personnel perform the work or negotiate a contract for such
work to be performed by others, in lieu of readvertising, if it
receives no bid. If the contract is let, all checks shall be
returned to the bidders, except that of the successful bidder,
which shall be retained until a contract is entered into and a
bond to perform the work furnished, with sureties satisfactory
to the commission, in an amount to be fixed by the commission, not less than twenty-five percent of the contract price, in
accordance with the bid. If the bidder fails to enter into the
contract and furnish the bond within ten days from the date at
which he or she is notified that he or her [she] is the successful bidder, his or her check and the amount thereof shall be
forfeited to the district.
The commission shall, by resolution, define the term
"same kind of materials, equipment, and supplies" with
respect to purchase of items under the provisions of RCW
54.04.070.
The term "construction or improvement of any electrical
facility" as used in this section and in RCW 54.04.085, shall
mean the construction, the moving, maintenance, modification, or enlargement of facilities primarily used or to be used
for the transmission or distribution of electricity at voltages
above seven hundred fifty volts, including structures directly
supporting transmission or distribution conductors but not
including site preparation, housing, or protective fencing
associated with but not included in a contract for such construction, moving, modification, maintenance, or enlargement of such facilities.
The commission shall be the final authority with regard
to whether a bid is responsive to the call for bids and as to
whether a bidder is a responsible bidder under the conditions
of his or her bid. No award of contract shall be invalidated
solely because of the failure of any prospective bidder to
receive an invitation to bid. [1996 c 18 § 12; 1972 ex.s. c 41
§ 1; 1971 ex.s. c 220 § 3; 1955 c 124 § 3. Prior: 1951 c 207
§ 3; 1931 c 1 § 8, part; RRS § 11612, part.]
54.04.092
firm or corporation desiring to bid upon any electrical work
with a contract proposal form, require from such person, firm
or corporation, answers to questions contained in a standard
form of questionnaire and financial statement, including a
complete statement of the financial ability and experience of
such person, firm, or corporation in performing electrical
work. Such questionnaire shall be sworn to before a notary
public or other person authorized to take acknowledgment of
deeds, and shall be submitted once a year and at such other
times as the district commission may require. Whenever the
district commission is not satisfied with the sufficiency of the
answers contained in such questionnaire and financial statement or whenever the district commission determines that
such person, firm, or corporation does not meet all of the
requirements hereinafter set forth it may refuse to furnish
such person, firm or corporation with a contract proposal
form and any bid proposal of such person, firm or corporation
must be disregarded. In order to obtain a contract proposal
form, a person, firm or corporation shall have all of the following requirements:
(1) Adequate financial resources, or the ability to secure
such resources;
(2) The necessary experience, organization, and technical qualifications to perform the proposed contract;
(3) The ability to comply with the required performance
schedule taking into consideration all of its existing business
commitments;
(4) A satisfactory record of performance, integrity, judgment and skills; and
(5) Be otherwise qualified and eligible to receive an
award under applicable laws and regulations.
Such refusal shall be conclusive unless appeal therefrom
to the superior court of the county where the utility district is
situated or Thurston county be taken within fifteen days,
which appeal shall be heard summarily within ten days after
the same is taken and on five days’ notice thereof to the district commission. [1971 ex.s. c 220 § 2.]
54.04.090
54.04.082
54.04.082 Alternative bid procedure. For the awarding of a contract to purchase any item, or items of the same
kind of materials, equipment, or supplies in an amount
exceeding ten thousand dollars, but less than fifty thousand
dollars, exclusive of sales tax, the commission may, in lieu of
the procedure described in RCW 54.04.070 and 54.04.080
requiring public notice to invite sealed proposals for such
materials, equipment, or supplies, pursuant to commission
resolution use the process provided in RCW 39.04.190.
Waiver of the deposit or bid bond required under RCW
54.04.080 may be authorized by the commission in securing
such bid quotations. [2002 c 72 § 1; 1995 c 354 § 1; 1993 c
198 § 15; 1977 ex.s. c 116 § 1.]
54.04.090 Minimum wages. Each contractor and subcontractor performing work for a public utility district or a
local utility district within a public utility district shall pay or
cause to be paid to its employees on the work or under the
contract or subcontract, not less than the minimum scale
fixed by the resolution of the commission prior to the notice
and call for bids on the work. The commission, in fixing the
minimum scale of wages, shall fix them as nearly as possible
to the current prevailing wages within the district for work of
like character. [1955 c 124 § 4. Prior: 1931 c 1 § 8, part; RRS
§ 11612, part.]
Prevailing wages on public works: Chapter 39.12 RCW.
54.04.092
54.04.085
54.04.085 Electrical facility construction or improvement—Bid proposals—Contract proposal forms—Conditions for issuance—Appeals. A district shall require that
bid proposals upon any construction or improvement of any
electrical facility shall be made upon contract proposal form
supplied by the district commission, and in no other manner.
The district commission shall, before furnishing any person,
(2006 Ed.)
54.04.092 Application of RCW 54.04.070 through
54.04.090 to certain service provider agreements under
chapter 70.150 RCW. RCW 54.04.070 through 54.04.090
shall not apply to agreements entered into under authority of
chapter 70.150 RCW provided there is compliance with the
procurement procedure under RCW 70.150.040. [1986 c 244
§ 14.]
Severability—1986 c 244: See RCW 70.150.905.
[Title 54 RCW—page 5]
54.04.100
Title 54 RCW: Public Utility Districts
54.04.100
54.04.100 Wholesale power—Procedure as to rate
filing—Definition—Duty to furnish to district. Whenever
a decree of public use and necessity heretofore has been or
hereafter shall be entered in condemnation proceedings conducted by a public utility district for the acquisition of electrical distribution properties, or whenever it has executed a contract for the purchase of such properties, the district may
cause to be filed with the utilities and transportation commission a copy of such contract or a certified copy of the decree,
together with a petition requesting that the commission cause
a rate to be filed with it for the sale of wholesale power to the
district. Thereupon the utilities and transportation commission shall order that a rate be filed with the commission forthwith for the sale of wholesale power to such district. The term
"wholesale power" means electric energy sold for purposes
of resale. The commission shall have authority to enter such
order as to any public service corporation which owns or
operates the electrical distribution properties being condemned or purchased or as to any such corporation which
owns or operates transmission facilities within a reasonable
distance of such distribution properties and which engages in
the business of selling wholesale power, pursuant to contract
or otherwise. The rate filed shall be for the period of service
specified by the district, or if the district does not specify a
particular period, such rate shall apply from the commencement of service until the district terminates same by thirty
days’ written notice.
Upon reasonable notice, any such public service corporation shall furnish wholesale power to any public utility district owning or operating electrical distribution properties.
Whenever a public service corporation shall furnish wholesale power to a district and the charge or rate therefor is
reviewed by the commission, such reasonable rate as the
commission finally may fix shall apply as to power thereafter
furnished and as to that previously furnished under such
charge or rate from the time that the complaint concerning the
same shall have been filed by the commission or the district,
as the case may be. [1983 c 4 § 5; 1945 c 130 § 2; Rem. Supp.
1945 § 10459-12. Formerly RCW 54.04.010, 54.04.100, and
54.04.110.]
Purpose—1945 c 130: "The legislature has found that the public utility
districts of this state, including several which at the present moment are completing the acquisition of electrical properties and the sale of revenue bonds,
have immediate need for this act, in order to effectuate timely arrangements
for their wholesale power requirements, clarify their condemnation procedure, and plan their operations." [1945 c 130 § 1.]
Severability—1945 c 130: "If any section or provision of this act shall
be adjudged to be invalid, such adjudication shall not affect the validity of
the act as a whole or any section, provision or part thereof not adjudged to be
invalid." [1945 c 130 § 5.]
54.04.120
54.04.120 Planning powers. In order that the commissioners of a public utility district may be better able to plan
for the marketing of power and for the development of
resources pertaining thereto, they shall have the same powers
as are vested in a board of county commissioners as provided
in *chapter 44, Laws of 1935 (sections 9322-2 to 9322-4,
both inclusive, and 9322-10 to 9322-11 inclusive, Remington’s Revised Statutes, also Pierce’s Perpetual Code 776-3 to
-7, 776-19 and -21), entitled: "An Act relating to city, town,
county and regional planning and the creation, organization,
duties and powers of planning commissions." For the pur[Title 54 RCW—page 6]
poses of such act, the president of a public utility district shall
have the powers of the chairman of the board of county commissioners, and a planning commission created hereunder
shall have the same powers, enumerated in the above sections, with reference to a public utility district as a county
planning commission has with reference to a county. However, this section shall not be construed to grant the power to
adopt, regulate, or enforce comprehensive plans, zoning, land
use, or building codes. [1985 c 95 § 1; 1945 c 130 § 4; Rem.
Supp. 1945 § 10459-14.]
*Reviser’s note: The portions of chapter 44, Laws of 1935 compiled as
RRS §§ 9322-2 to 9322-4 and 9322-10 to 9322-11 are codified in RCW
35.63.020 through 35.63.070.
Purpose—Severability—1945 c 130: See notes following RCW
54.04.100.
54.04.130
54.04.130 Employee benefit plans when private utility acquired—Rights, powers and duties as to existing
private employee benefit plans. Whenever any municipal
corporation acquires by condemnation or otherwise any utility which at the time of acquisition is in private ownership
and the employees of such private utility have been for at
least two years and are at the time of acquisition covered by
any plan for individual annuity contracts, retirement income
policies, group annuity contracts, group insurance for the
benefit of employees, or any other contract for the benefit of
employees, such district shall, when the personnel is retained
by the district, assume all of the obligations and liabilities of
the private utility acquired with relation to such plan and the
employees covered thereby at the time of acquisition; or the
municipal corporation may by agreement with a majority of
the employees affected substitute a plan or contract of the
same or like nature. The municipal corporations acquiring
such private utility shall proceed in such manner as is necessary so as not to reduce or impair any benefits or privileges
which such employees would have received or be entitled to
had such acquisition not been effected. The district may pay
all or any part of the premiums or other payments required
therefor out of the revenue derived from the operation of its
properties. [1961 c 139 § 1.]
54.04.140
54.04.140 Employee benefit plans when private utility acquired—Admission to district’s employee plan—
Service credit—Contributions—Benefits. Any person
affected by RCW 54.04.130 who was employed by the private utility at the time of acquisition may, at his option, apply
to the district and/or appropriate officers, for admission to
any plan available to other employees of the district. Every
such person who was covered at the time of acquisition by a
plan with the private utility shall have added and accredited
to his period of employment his period of immediately preceding continuous service with such private utility if he
remains in the service of the municipal corporation until such
plan for which he seeks admission becomes applicable to
him.
No such person shall have added and accredited to his
period of employment his period of service with said private
utility unless he or a third party shall pay to the appropriate
officer or fund of the plan to which he requests admission his
contribution for the period of such service with the private
utility at the rate provided in or for such plan to which he
(2006 Ed.)
Formation—Dissolution—Elections
desires admission, or if he shall be entitled to any private benefits, as a result of such private service, unless he agrees at the
time of his employment with the district to accept a reduction
in the payment of any benefits payable under the plan to
which he requests entry that are based in whole or in part on
such added and accredited service by the amount of benefits
received. For the purposes of contributions, the date of entry
of service shall be deemed the date of entry into service with
the private utility, which service is accredited by this section,
and the amount of contributions for the period of accredited
service shall be based on the wages or salary of such person
during that added and accredited period of service with the
private utility.
The district may receive such payments from a third
party and shall make from such payments contributions with
respect to such prior service as may be necessary to enable it
to assume its obligations.
After such contributions have been made and such service added and accredited such employee shall be established
in the plan to which he seeks admission with all rights, benefits and privileges that he would have been entitled to had he
been a member of the plan from the beginning of his immediately preceding continuous employment with the private utility or of his eligibility. [1961 c 139 § 2.]
54.04.150
54.04.150 Employee benefit plans when private utility acquired—Agreements and contracts—Prior rights
preserved. The municipal corporation may enter into any
agreements and contracts necessary to carry out the powers
and duties prescribed by RCW 54.04.130 and 54.04.140, but
nothing in RCW 54.04.130 through 54.04.160 shall be so
construed as requiring without consent the modification of
the obligation of any contract or as requiring any third party
to modify the rights, privileges or obligations acquired or
incurred under a prior agreement. [1961 c 139 § 3.]
54.04.160
54.04.160 Assumption of obligations of private pension plan when urban transportation system acquired.
Any municipal corporation which has heretofore or shall
hereafter acquire from a private owner any urban transportation system which at the time of such acquisition has or had
in effect any pension or retirement system for its employees,
shall assume all such obligations with respect to continued
contributions to and/or administration of, such retirement
system, as the private owner bore or shall bear at such time,
insofar as shall be necessary to discharge accrued obligations
under such retirement system to beneficiaries who are not
thereafter made members of a municipal or state retirement
system. [1961 c 139 § 4.]
54.04.170
54.04.170 Collective bargaining authorized for
employees. Employees of public utility districts are hereby
authorized and entitled to enter into collective bargaining
relations with their employers with all the rights and privileges incident thereto as are accorded to similar employees in
private industry. [1963 c 28 § 1.]
54.04.180
54.04.180 Collective bargaining authorized for districts. Any public utility district may enter into collective
bargaining relations with its employees in the same manner
(2006 Ed.)
54.08.010
that a private employer might do and may agree to be bound
by the result of such collective bargaining. [1963 c 28 § 2.]
Chapter 54.08 RCW
FORMATION—DISSOLUTION—ELECTIONS
Chapter 54.08
Sections
54.08.001
54.08.010
54.08.041
54.08.050
54.08.060
54.08.070
54.08.080
Actions subject to review by boundary review board.
Districts including entire county or less—Procedure.
Formation election expenses.
Validity of district, questioning of.
Special election for formation of district and first commissioners—Terms.
Construction or acquisition of electric facilities for generation,
transmission, or distribution of power—When voter
approval required—Election.
Dissolution.
54.08.001
54.08.001 Actions subject to review by boundary
review board. Actions taken under chapter 54.08 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 47.]
54.08.010
54.08.010 Districts including entire county or less—
Procedure. (Effective until January 1, 2007.) At any general election held in an even-numbered year, the county legislative authority of any county in this state may, or, on petition of ten percent of the qualified electors of the county
based on the total vote cast in the last general county election
held in an even-numbered year, shall, by resolution, submit to
the voters of the county the proposition of creating a public
utility district which shall be coextensive with the limits of
the county as now or hereafter established. A form of petition
for the creation of a public utility district shall be submitted to
the county auditor within ten months prior to the election at
which the proposition is to be submitted to the voters. Petitions shall be filed with the county auditor not less than four
months before the election and the county auditor shall
within thirty days examine the signatures thereof and certify
to the sufficiency or insufficiency thereof. If the petition be
found to be insufficient, it shall be returned to the persons filing the same, who may amend or add names thereto for ten
days, when the same shall be returned to the county auditor,
who shall have an additional fifteen days to examine the same
and attach his certificate thereto. No person having signed the
petition shall be allowed to withdraw his name therefrom
after the filing of the same with the county auditor: PROVIDED, That each signature shall be dated and that no signature dated prior to the date on which the form of petition was
submitted to the county auditor shall be valid. Whenever the
petition shall be certified to as sufficient, the county auditor
shall forthwith transmit the same, together with his certificate
of sufficiency attached thereto, to the county legislative
authority which shall submit the proposition to the voters of
the county at the next general election in an even-numbered
year occurring forty-five days after submission of the proposition to the legislative authority. The notice of the election
shall state the boundaries of the proposed public utility district and the object of such election, and shall in other
respects conform to the requirements of the general laws of
the state of Washington, governing the time and manner of
holding elections. In submitting the question to the voters for
[Title 54 RCW—page 7]
54.08.010
Title 54 RCW: Public Utility Districts
their approval or rejection, the proposition shall be expressed
on the ballot substantially in the following terms:
Public Utility District No. . . . . . . . . . . . . . . . . . YES â
Public Utility District No. . . . . . . . . . . . . . . . . . . NO â
Any petition for the formation of a public utility district
may describe a less area than the entire county in which the
petition is filed, the boundaries of which shall follow the then
existing precinct boundaries and not divide any voting precinct; and in the event that such a petition is filed the county
legislative authority shall fix a date for a hearing on such petition, and shall publish the petition, without the signatures
thereto appended, for two weeks prior to the date of the hearing, together with a notice stating the time of the meeting
when the petition will be heard. The publication, and all other
publications required by chapter 1, Laws of 1931, shall be in
a newspaper of general circulation in the county in which the
district is situated. The hearing on the petition may be
adjourned from time to time, not exceeding four weeks in all.
If upon the final hearing the county legislative authority shall
find that any lands have been unjustly or improperly included
within the proposed public utility district and will not be benefited by inclusion therein, it shall change and fix the boundary lines in such manner as it shall deem reasonable and just
and conducive to the public welfare and convenience, and
make and enter an order establishing and defining the boundary lines of the proposed public utility district: PROVIDED,
That no lands shall be included within the boundaries so fixed
lying outside the boundaries described in the petition, except
upon the written request of the owners of those lands. Thereafter the same procedure shall be followed as prescribed in
this chapter for the formation of a public utility district
including an entire county, except that the petition and election shall be confined solely to the lesser public utility district.
No public utility district created after September 1, 1979,
shall include any other public utility district within its boundaries: PROVIDED, That this paragraph shall not alter,
amend, or modify provisions of chapter 54.32 RCW. [1985 c
469 § 55; 1979 ex.s. c 240 § 1; 1977 c 53 § 1; 1931 c 1 § 3;
RRS § 11607. Formerly RCW 54.08.010 and 54.08.020.]
Elections: Title 29A RCW.
54.08.010
54.08.010 Districts including entire county or less—
Procedure. (Effective January 1, 2007.) At any general
election held in an even-numbered year, the county legislative authority of any county in this state may, or, on petition
of ten percent of the qualified electors of the county based on
the total vote cast in the last general county election held in an
even-numbered year, shall, by resolution, submit to the voters
of the county the proposition of creating a public utility district which shall be coextensive with the limits of the county
as now or hereafter established. A form of petition for the
creation of a public utility district shall be submitted to the
county auditor within ten months prior to the election at
which the proposition is to be submitted to the voters. Petitions shall be filed with the county auditor not less than four
months before the election and the county auditor shall
within thirty days examine the signatures thereof and certify
to the sufficiency or insufficiency thereof. If the petition be
[Title 54 RCW—page 8]
found to be insufficient, it shall be returned to the persons filing the same, who may amend or add names thereto for ten
days, when the same shall be returned to the county auditor,
who shall have an additional fifteen days to examine the same
and attach his certificate thereto. No person having signed
the petition shall be allowed to withdraw his name therefrom
after the filing of the same with the county auditor: PROVIDED, That each signature shall be dated and that no signature dated prior to the date on which the form of petition was
submitted to the county auditor shall be valid. Whenever the
petition shall be certified to as sufficient, the county auditor
shall forthwith transmit the same, together with his certificate
of sufficiency attached thereto, to the county legislative
authority which shall submit the proposition to the voters of
the county at the next general election in an even-numbered
year according to RCW 29A.04.330. The notice of the election shall state the boundaries of the proposed public utility
district and the object of such election, and shall in other
respects conform to the requirements of the general laws of
the state of Washington, governing the time and manner of
holding elections. In submitting the question to the voters for
their approval or rejection, the proposition shall be expressed
on the ballot substantially in the following terms:
Public Utility District No. . . . . . . . . . . . . . . . . . YES â
Public Utility District No. . . . . . . . . . . . . . . . . . . NO â
Any petition for the formation of a public utility district
may describe a less area than the entire county in which the
petition is filed, the boundaries of which shall follow the then
existing precinct boundaries and not divide any voting precinct; and in the event that such a petition is filed the county
legislative authority shall fix a date for a hearing on such petition, and shall publish the petition, without the signatures
thereto appended, for two weeks prior to the date of the hearing, together with a notice stating the time of the meeting
when the petition will be heard. The publication, and all
other publications required by chapter 1, Laws of 1931, shall
be in a newspaper of general circulation in the county in
which the district is situated. The hearing on the petition may
be adjourned from time to time, not exceeding four weeks in
all. If upon the final hearing the county legislative authority
shall find that any lands have been unjustly or improperly
included within the proposed public utility district and will
not be benefited by inclusion therein, it shall change and fix
the boundary lines in such manner as it shall deem reasonable
and just and conducive to the public welfare and convenience, and make and enter an order establishing and defining
the boundary lines of the proposed public utility district:
PROVIDED, That no lands shall be included within the
boundaries so fixed lying outside the boundaries described in
the petition, except upon the written request of the owners of
those lands. Thereafter the same procedure shall be followed
as prescribed in this chapter for the formation of a public utility district including an entire county, except that the petition
and election shall be confined solely to the lesser public utility district.
No public utility district created after September 1, 1979,
shall include any other public utility district within its boundaries: PROVIDED, That this paragraph shall not alter,
amend, or modify provisions of chapter 54.32 RCW. [2006 c
344 § 36; 1985 c 469 § 55; 1979 ex.s. c 240 § 1; 1977 c 53 §
(2006 Ed.)
Formation—Dissolution—Elections
1; 1931 c 1 § 3; RRS § 11607. Formerly RCW 54.08.010 and
54.08.020.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Elections: Title 29A RCW.
54.08.041
54.08.041 Formation election expenses. All expenses
of elections for the formation of such public utility districts
shall be paid by the county holding such election, and such
expenditure is hereby declared to be for a county purpose,
and the money paid out for such purpose shall be repaid to
such county by the public utility district, if formed. [1969 c
106 § 2.]
Construction—1969 c 106: "The rule of strict construction shall have
no application to this act. The act shall be liberally construed, in order to
carry out the purposes and objectives for which this act is intended." [1969
c 106 § 8.]
Severability—1969 c 106: "If any provision of this act, or its application to any person or circumstance, is held invalid, the remainder of this act,
or the application to other persons or circumstances, is not affected." [1969
c 106 § 9.]
54.08.050
54.08.050 Validity of district, questioning of. The
existence of any public utility district now or hereafter
formed under chapter 1, Laws of 1931, cannot hereafter be
legally questioned by any person except the state of Washington in an appropriate court action brought within six
months from the date that the county election board shall
have canvassed the returns of the election held on the proposition of creating such district. If the existence of a district is
not challenged within the period above specified, by the filing and service of petition or complaint in the action aforesaid, the state of Washington thereafter shall be barred forever from questioning the legal existence and validity of such
district by reason of any defect in the organization thereof,
and the same shall be deemed duly and regularly organized
under the laws of this state. [1941 c 245 § 10; Rem. Supp.
1941 § 11616-7.]
54.08.060
54.08.060 Special election for formation of district
and first commissioners—Terms. Whenever a proposition
for the formation of a public utility district is to be submitted
to voters in any county, the county legislative authority may
by resolution call a special election, and at the request of petitioners for the formation of such district contained in the petition shall do so and shall provide for holding the same at the
earliest practicable time. If the boundaries of the proposed
district embrace an area less than the entire county, such election shall be confined to the area so included. The notice of
such election shall state the boundaries of the proposed district and the object of such election; in other respects, such
election shall be held and called in the same manner as provided by law for the holding and calling of general elections:
PROVIDED, That notice thereof shall be given for not less
than ten days nor more than thirty days prior to such special
election. In submitting the proposition to the voters for their
approval or rejection, such proposition shall be expressed on
the ballots in substantially the following terms:
Public Utility District No. . . . . . . . . . . . . . . . . . . . YES
Public Utility District No. . . . . . . . . . . . . . . . . . . . . NO
(2006 Ed.)
54.08.070
At the same special election on the proposition to form a
public utility district, there shall also be an election for three
public utility district commissioners. However, the election
of such commissioners shall be null and void if the proposition to form the public utility district does not receive
approval by a majority of the voters voting on the proposition. No primary shall be held. A special filing period shall be
opened as provided in *RCW 29.15.170 and 29.15.180. The
person receiving the greatest number of votes for the commissioner of each commissioner district shall be elected as
the commissioner of that district. Commissioner districts
shall be established as provided in RCW 54.12.010. The
terms of the initial commissioners shall be staggered as follows: (1) The person who is elected receiving the greatest
number of votes shall be elected to a six-year term of office if
the election is held in an even-numbered year or a five-year
term if the election is held in an odd-numbered year; (2) the
person who is elected receiving the next greatest number of
votes shall be elected to a four-year term of office if the election is held in an even-numbered year or a three-year term of
office if the election is held in an odd-numbered year; and (3)
the other person who is elected shall be elected to a two-year
term of office if the election is held in an even-numbered year
or a one-year term of office if the election is held in an oddnumbered year. The commissioners first to be elected at such
special election shall assume office immediately when they
are elected and qualified, but the length of their terms of
office shall be calculated from the first day in January in the
year following their elections.
The term "general election" as used herein means biennial general elections at which state and county officers in a
noncharter county are elected. [1994 c 223 § 55; 1979 ex.s. c
126 § 36; 1951 c 207 § 5.]
*Reviser’s note: RCW 29.15.170 and 29.15.180 were recodified as
RCW 29A.24.170 and 29A.24.180, respectively, pursuant to 2003 c 111 §
2401, effective July 1, 2004. RCW 29A.24.170 and 29A.24.180 were subsequently repealed by 2004 c 271 § 193. Later enactment of RCW 29A.24.170
and 29A.24.180, see RCW 29A.24.171 and 29A.24.181, respectively.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Elections: Title 29A RCW.
54.08.070
54.08.070 Construction or acquisition of electric
facilities for generation, transmission, or distribution of
power—When voter approval required—Election.
(Effective until January 1, 2007.) Any district which does
not own or operate electric facilities for the generation, transmission or distribution of electric power on March 25, 1969,
or any district which hereafter does not construct or acquire
such electric facilities within ten years of its creation, shall
not construct or acquire any such electric facilities without
the approval of such proposal by the voters of such district:
PROVIDED, That a district shall have the power to construct
or acquire electric facilities within ten years following its creation by action of its commission without voter approval of
such action.
At any general election held in an even-numbered year,
the proposal to construct or acquire electric facilities may be
submitted to the voters of the district by resolution of the public utility district commission or shall be submitted to the voters of the district by the county legislative authority on petition of ten percent of the qualified electors of such district,
[Title 54 RCW—page 9]
54.08.070
Title 54 RCW: Public Utility Districts
based on the total vote cast in the last general county election
held in an even-numbered year. A form of petition for the
construction or acquisition of electric facilities by the public
utility district shall be submitted to the county auditor within
ten months prior to the election at which such proposition is
to be submitted to the voters. Petitions shall be filed with the
county auditor not less than four months before such election
and the county auditor shall within thirty days examine the
signatures thereof and certify to the sufficiency or insufficiency thereof. If such petition is found to be insufficient, it
shall be returned to the persons filing the same, who may
amend and add names thereto for ten days, when the same
shall be returned to the county auditor, who shall have an
additional fifteen days to examine the same and attach his
certificate thereto. No person having signed such petition
shall be allowed to withdraw his name therefrom after the filing of the same with the county auditor: PROVIDED, That
each signature shall be dated and that no signature dated prior
to the date on which the form of petition was submitted to the
county auditor shall be valid. Whenever such petition shall be
certified to as sufficient, the county auditor shall forthwith
transmit the same, together with his certificate of sufficiency
attached thereto, to the county legislative authority which
shall submit such proposition to the voters of said district at
the next general election in an even-numbered year occurring
forty-five days after submission of the proposition to said
legislative authority. The notice of the election shall state the
object of such election, and shall in other respects conform to
the requirements of the general laws of Washington, governing the time and manner of holding elections.
The proposal submitted to the voters for their approval or
rejection, shall be expressed on the ballot substantially in the
following terms:
Shall Public Utility District No. . . . . of . . . . . . County
construct or acquire electric facilities for the generation,
transmission or distribution of electric power?
Yes â
No â
Within ten days after such election, the election board of
the county shall canvass the returns, and if at such election a
majority of the voters voting on such proposition shall vote in
favor of such construction or acquisition of electric facilities,
the district shall be authorized to construct or acquire electric
facilities. [1979 ex.s. c 240 § 2; 1969 c 106 § 3.]
Construction—Severability—1969 c 106: See notes following RCW
54.08.041.
54.08.070
54.08.070 Construction or acquisition of electric
facilities for generation, transmission, or distribution of
power—When voter approval required—Election.
(Effective January 1, 2007.) Any district which does not
own or operate electric facilities for the generation, transmission or distribution of electric power on March 25, 1969, or
any district which hereafter does not construct or acquire
such electric facilities within ten years of its creation, shall
not construct or acquire any such electric facilities without
the approval of such proposal by the voters of such district:
PROVIDED, That a district shall have the power to construct
or acquire electric facilities within ten years following its cre[Title 54 RCW—page 10]
ation by action of its commission without voter approval of
such action.
At any general election held in an even-numbered year,
the proposal to construct or acquire electric facilities may be
submitted to the voters of the district by resolution of the public utility district commission or shall be submitted to the voters of the district by the county legislative authority on petition of ten percent of the qualified electors of such district,
based on the total vote cast in the last general county election
held in an even-numbered year. A form of petition for the
construction or acquisition of electric facilities by the public
utility district shall be submitted to the county auditor within
ten months prior to the election at which such proposition is
to be submitted to the voters. Petitions shall be filed with the
county auditor not less than four months before such election
and the county auditor shall within thirty days examine the
signatures thereof and certify to the sufficiency or insufficiency thereof. If such petition is found to be insufficient, it
shall be returned to the persons filing the same, who may
amend and add names thereto for ten days, when the same
shall be returned to the county auditor, who shall have an
additional fifteen days to examine the same and attach his
certificate thereto. No person having signed such petition
shall be allowed to withdraw his name therefrom after the filing of the same with the county auditor: PROVIDED, That
each signature shall be dated and that no signature dated prior
to the date on which the form of petition was submitted to the
county auditor shall be valid. Whenever such petition shall
be certified to as sufficient, the county auditor shall forthwith
transmit the same, together with his certificate of sufficiency
attached thereto, to the county legislative authority which
shall submit such proposition to the voters of said district at
the next general election in an even-numbered year according
to RCW 29A.04.330. The notice of the election shall state
the object of such election, and shall in other respects conform to the requirements of the general laws of Washington,
governing the time and manner of holding elections.
The proposal submitted to the voters for their approval or
rejection, shall be expressed on the ballot substantially in the
following terms:
Shall Public Utility District No. . . . . of . . . . . . County
construct or acquire electric facilities for the generation,
transmission or distribution of electric power?
Yes â
No â
Within ten days after such election, the election board of
the county shall canvass the returns, and if at such election a
majority of the voters voting on such proposition shall vote in
favor of such construction or acquisition of electric facilities,
the district shall be authorized to construct or acquire electric
facilities. [2006 c 344 § 37; 1979 ex.s. c 240 § 2; 1969 c 106
§ 3.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Construction—Severability—1969 c 106: See notes following RCW
54.08.041.
54.08.080
54.08.080 Dissolution. Any district now or hereafter
created under the laws of this state may be dissolved, as here(2006 Ed.)
Commissioners
inafter provided, by a majority vote of the qualified electors
of such district at any general election upon a resolution of
the district commission, or upon petition being filed and such
proposition for dissolution submitted to said electors in the
same manner provided by chapter 54.08 RCW for the creation of public utility districts. The returns of the election on
such proposition for dissolution shall be canvassed and the
results declared in the same manner as is provided by RCW
54.08.010: PROVIDED, HOWEVER, That any such proposition to dissolve a district shall not be submitted to the electors if within five years prior to the filing of such petition or
resolution such district has undertaken any material studies or
material action relating to the construction or acquisition of
any utility properties or if such district at the time of the submission of such proposition is actually engaged in the operation of any utility properties.
If a majority of the votes cast at the election favor dissolution, the commission of the district shall petition, without
any filing fee, the superior court of the county in which such
district is located for an order authorizing the payment of all
indebtedness of the district and directing the transfer of any
surplus funds or property to the general fund of the county in
which such district is organized. [1969 c 106 § 4.]
Construction—Severability—1969 c 106: See notes following RCW
54.08.041.
Dissolution of special purpose districts: Chapters 36.96 and 53.48 RCW.
Chapter 54.12
Chapter 54.12 RCW
COMMISSIONERS
Sections
54.12.010
54.12.080
54.12.090
54.12.100
54.12.110
Exercise of power by commissioners—Number—Districts—
Terms—Vacancies—Adjustment of boundaries.
Compensation and expenses—Group insurance.
President—Secretary—Rules—Seal—Minutes.
Oath or affirmation.
Electrical utilities—Civil immunity of commissioners and
employees for good faith mistakes and errors of judgment.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29A.76.010.
54.12.010
54.12.010 Exercise of power by commissioners—
Number—Districts—Terms—Vacancies—Adjustment of
boundaries. A public utility district that is created as provided in RCW 54.08.010 shall be a municipal corporation of
the state of Washington, and the name of such public utility
district shall be Public Utility District No. . . . . of . . . . . .
County.
The powers of the public utility district shall be exercised through a commission consisting of three members in
three commissioner districts, and five members in five commissioner districts.
(1) If the public utility district is county-wide and the
county has three county legislative authority districts, then, at
the first election of commissioners and until any change is
made in the boundaries of public utility district commissioner
districts, one public utility district commissioner shall be
chosen from each of the three county legislative authority
districts.
(2006 Ed.)
54.12.010
(2) If the public utility district comprises only a portion
of the county, with boundaries established in accordance with
chapter 54.08 RCW, or if the public utility district is countywide and the county does not have three county legislative
authority districts, three public utility district commissioner
districts, numbered consecutively, each with approximately
equal population and following precinct lines, as far as practicable, shall be described in the petition for the formation of
the public utility district, subject to appropriate change by the
county legislative authority if and when it changes the boundaries of the proposed public utility district. One commissioner shall be elected as a commissioner of each of the public utility district commissioner districts.
(3) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a
commissioner of the commissioner district. Only voters of a
commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district.
Voters of the entire public utility district may vote at a general election to elect a person as a commissioner of the commissioner district.
(4) The term of office of each public utility district commissioner other than the commissioners at large shall be six
years, and the term of each commissioner at large shall be
four years. Each term shall be computed in accordance with
RCW 29A.20.040 following the commissioner’s election.
All public utility district commissioners shall hold office
until their successors shall have been elected and have qualified and assume office in accordance with RCW 29A.20.040.
(5) A vacancy in the office of public utility district commissioner shall occur as provided in chapter 42.12 RCW or
by nonattendance at meetings of the public utility district
commission for a period of sixty days unless excused by the
public utility district commission. Vacancies on a board of
public utility district commissioners shall be filled as provided in chapter 42.12 RCW.
(6) The boundaries of the public utility district commissioner districts may be changed only by the public utility district commission, and shall be examined every ten years to
determine substantial equality of population in accordance
with chapter 29A.76 RCW. Except as provided in this section or RCW 54.04.039, the boundaries shall not be changed
oftener than once in four years. Boundaries may only be
changed when all members of the commission are present.
Whenever territory is added to a public utility district under
RCW 54.04.035, or added or withdrawn under RCW
54.04.039, the boundaries of the public utility commissioner
districts shall be changed to include the additional or exclude
the withdrawn territory. Unless the boundaries are changed
pursuant to RCW 54.04.039, the proposed change of the
boundaries of the public utility district commissioner district
must be made by resolution and after public hearing. Notice
of the time of the public hearing shall be published for two
weeks before the hearing. Upon a referendum petition signed
by ten percent of the qualified voters of the public utility district being filed with the county auditor, the county legislative
authority shall submit the proposed change of boundaries to
the voters of the public utility district for their approval or
rejection. The petition must be filed within ninety days after
the adoption of resolution of the proposed action. The validity of the petition is governed by the provisions of chapter
[Title 54 RCW—page 11]
54.12.080
Title 54 RCW: Public Utility Districts
54.08 RCW. [2004 c 113 § 1; 1994 c 223 § 56; 1990 c 59 §
109; 1987 c 292 § 1; 1979 ex.s. c 126 § 37; 1977 ex.s. c 36 §
8; 1977 c 53 § 2; 1969 c 106 § 1; 1959 c 265 § 9; 1941 c 245
§ 4; 1931 c 1 § 4; Rem. Supp. 1941 § 11608. Formerly RCW
54.08.030, 54.08.040, 54.12.010 through 54.12.070.]
Effective date—2004 c 113: See note following RCW 54.04.039.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Construction—Severability—1969 c 106: See notes following RCW
54.08.041.
and lodging and travel while away from his or her place of
residence.
(5) Any district providing group insurance for its
employees, covering them, their immediate family, and
dependents, may provide insurance for its commissioner with
the same coverage. [1998 c 121 § 4; 1997 c 28 § 1; 1985 c
330 § 4; 1977 ex.s. c 157 § 1; 1969 c 106 § 5; 1967 c 161 § 1;
1957 c 140 § 2; 1955 c 124 § 5; 1951 c 207 § 4. Prior: (i)
1931 c 1 § 8, part; RRS § 11612, part. (ii) 1941 c 245 § 6;
Rem. Supp. 1941 § 11616-5.]
Construction—Severability—1969 c 106: See notes following RCW
54.08.041.
54.12.080
54.12.080 Compensation and expenses—Group
insurance. (1) Commissioners of public utility districts are
eligible to receive salaries as follows:
(a) Each public utility district commissioner of a district
operating utility properties shall receive a salary of one thousand dollars per month during a calendar year if the district
received total gross revenue of over fifteen million dollars
during the fiscal year ending June 30th before the calendar
year. However, the board of commissioners of such a public
utility district may pass a resolution increasing the rate of salary up to thirteen hundred dollars per month.
(b) Each public utility district commissioner of a district
operating utility properties shall receive a salary of seven
hundred dollars per month during a calendar year if the district received total gross revenue of from two million dollars
to fifteen million dollars during the fiscal year ending June
30th before the calendar year. However, the board of commissioners of such a public utility district may pass a resolution increasing the rate of salary up to nine hundred dollars
per month.
(c) Commissioners of other districts shall serve without
salary. However, the board of commissioners of such a public
utility district may pass a resolution providing for salaries not
exceeding four hundred dollars per month for each commissioner.
(2) In addition to salary, all districts may provide by resolution for the payment of per diem compensation to each
commissioner at a rate not exceeding seventy dollars for each
day or major part thereof devoted to the business of the district, and days upon which he or she attends meetings of the
commission of his or her district or meetings attended by one
or more commissioners of two or more districts called to consider business common to them, but such compensation paid
during any one year to a commissioner shall not exceed nine
thousand eight hundred dollars. Per diem compensation shall
not be paid for services of a ministerial or professional
nature.
(3) Any commissioner may waive all or any portion of
his or her compensation payable under this section as to any
month or months during his or her term of office, by a written
waiver filed with the district as provided in this section. The
waiver, to be effective, must be filed any time after the commissioner’s election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify
the month or period of months for which it is made.
(4) Each district commissioner shall be reimbursed for
reasonable expenses actually incurred in connection with
such business and meetings, including his or her subsistence
[Title 54 RCW—page 12]
Group employee insurance: RCW 54.04.050.
Hospitalization and medical insurance not deemed additional compensation: RCW 41.04.190.
54.12.090
54.12.090 President—Secretary—Rules—Seal—
Minutes. The commission shall elect from its members, a
president and secretary, and shall, by resolution, adopt rules
governing the transaction of district business, and adopt an
official seal. All proceedings of the commission shall be by
motion or resolution, recorded in its minute books, which
shall be public records.
A majority of the members shall constitute a quorum of
the commission for the transaction of business. The concurrence of a majority of the whole commission in office at the
time shall be necessary for the passage of any resolution, and
no business shall be transacted, except in usual and ordinary
course, unless there are in office at least a majority of the full
number of commissioners as fixed by law.
The commission may create and fill such positions and
fix salaries and bonds thereof as it may provide by resolution.
[1955 c 124 § 6. Prior: 1931 c 1 § 8, part; RRS § 11612, part.]
54.12.100
54.12.100 Oath or affirmation. Each commissioner
before he enters upon the duties of his office shall take and
subscribe an oath or affirmation that he will faithfully and
impartially discharge the duties of his office to the best of his
ability. This oath, or affirmation, shall be administered and
certified by an officer of the county in which the district is situated, who is authorized to administer oaths, without charge
therefor. The oath or affirmation shall be filed with the
county auditor. [1986 c 167 § 23; 1959 c 265 § 10.]
Severability—1986 c 167: See note following RCW 29A.04.049.
54.12.110
54.12.110 Electrical utilities—Civil immunity of
commissioners and employees for good faith mistakes and
errors of judgment. Commissioners and employees of public utility districts shall be immune from civil liability for
mistakes and errors of judgment in the good faith performance of acts within the scope of their official duties involving the exercise of judgment and discretion which relate
solely to their responsibilities for electrical utilities. This
grant of immunity shall not be construed as modifying the liability of the public utility district. [1983 1st ex.s. c 48 § 2.]
Severability—1983 1st ex.s. c 48: See note following RCW 35.21.415.
(2006 Ed.)
Powers
Chapter 54.16
Chapter 54.16 RCW
POWERS
Sections
54.16.005
54.16.010
54.16.020
54.16.030
54.16.032
54.16.035
54.16.040
54.16.045
54.16.047
54.16.050
54.16.060
54.16.070
54.16.080
54.16.083
54.16.085
54.16.090
54.16.092
54.16.095
54.16.096
54.16.097
54.16.100
54.16.110
54.16.120
54.16.125
54.16.130
54.16.140
54.16.142
54.16.145
54.16.150
54.16.160
54.16.165
54.16.170
54.16.180
54.16.190
54.16.200
54.16.210
54.16.220
54.16.230
54.16.240
54.16.250
54.16.260
54.16.270
54.16.280
54.16.285
54.16.300
54.16.310
54.16.320
54.16.330
54.16.340
54.16.350
54.16.360
(2006 Ed.)
Definitions.
Surveys, plans, investigations, or studies.
Acquisition of property and rights—Eminent domain.
Water and irrigation works.
Authority to assist customers in the acquisition of water conservation equipment—Limitations.
Provision of water service beyond district subject to review by
boundary review board.
Electric energy.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
Water rights.
Intertie lines.
District may borrow money, contract indebtedness, issue
bonds or obligations—Guaranty fund.
Levy and collection of taxes—Tax anticipation warrants.
Community revitalization financing—Public improvements.
Interfund loans.
Contracts with other agencies or utilities—Gifts, etc.—
Employees and experts—Advancements.
Employment interview expenses.
Liability insurance for officials and employees.
Liability insurance for officers and employees authorized.
Actions against officer, employee, or agent—Defense and
costs provided by public utility district—Exception.
Manager—Appointment—Compensation—Duties.
May sue and be sued—Claims.
Local utility districts authorized.
Exemption of farm and agricultural land from special benefit
assessments.
Local districts—Procedure—Financing.
Petition or resolution for local district—Hearing—Notice.
Local utility districts—Notice must contain statement that
assessments may vary from estimates.
Local utility districts—Sanitary sewer or potable water facilities—Notice to certain property owners.
Procedure when petition is signed by majority of landowners.
Assessment roll—Hearing—Appellate review—Expenses.
Segregation of assessments.
Apportionment of cost of improvement.
Sale, lease, disposition of properties, equipment, and materials—Procedure—Acquisition, operation of sewage system
by districts in certain counties.
General resolutions.
Joint exercise of powers and joint acquisition of properties.
Joint acquisition, operation, etc., with city of electrical utility
properties.
Columbia river hydroelectric projects—Grant back of easements to former owners.
Sewage system works—Acquire, construct, operate, etc.—
Authorizing election—Procedure.
Sewage system works—Resolution or petition—Voter
approval or rejection.
Sewage system works—Ballot proposition—Canvass.
Sewage system works—Accounts and funding.
Sewage system works—Existing authority not affected.
Energy conservation plan—Financing authorized for energy
conservation projects in structures or equipment—Limitations.
Limitations on termination of utility service for residential
heating.
Combined utility functions.
Operation, maintenance, and inspection of sewage disposal
facilities, septic tanks, and wastewater disposal facilities and
systems—Maintenance costs.
Assumption of substandard water system—Limited immunity
from liability.
Telecommunications facilities—Purposes—Limitations—
Provision of wholesale telecommunications services—Eminent domain.
Wholesale telecommunications services—Petition for review
of rates, terms, conditions.
Tariff for irrigation pumping service—Authority to buy back
electricity.
Cooperative watershed management.
54.16.020
54.16.370
54.16.380
54.16.385
Purchase of electric power and energy from joint operating
agency.
Appliance repair service—Operation by district.
Appliance repair service—Requirements.
Deferral of special assessments: Chapter 84.38 RCW.
Special benefit assessments—Property taxes—Exemptions: RCW 84.34.300
through 84.34.380.
54.16.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Commission" means the Washington utilities and
transportation commission.
(2) "Telecommunications" has the same meaning as that
contained in RCW 80.04.010.
(3) "Telecommunications facilities" means lines, conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances, instrumentalities
and all devices, real estate, easements, apparatus, property,
and routes used, operated, owned, or controlled by any entity
to facilitate the provision of telecommunications services.
(4) "Wholesale telecommunications services" means the
provision of telecommunications services or facilities for
resale by an entity authorized to provide telecommunications
services to the general public and internet service providers.
[2000 c 81 § 2.]
54.16.005
Findings—2000 c 81: See note following RCW 53.08.005.
54.16.010 Surveys, plans, investigations, or studies.
A district may make surveys, plans, investigations or studies
for generating electric energy by water power, steam, or other
methods, and for systems and facilities for the generation,
transmission or distribution thereof, and for domestic and
industrial water supply and irrigation, and for matters and
purposes reasonably incidental thereto, within or without the
district, and compile comprehensive maps and plans showing
the territory that can be most economically served by the various resources and utilities, the natural order in which they
should be developed, and how they may be joined and coordinated to make a complete and systematic whole. [1969 c
106 § 6; 1955 c 390 § 2. Prior: 1945 c 143 § 1(a); 1931 c 1 §
6(a); Rem. Supp. 1945 § 11610(a).]
54.16.010
Construction—Severability—1969 c 106: See notes following RCW
54.08.041.
54.16.020 Acquisition of property and rights—Eminent domain. A district may construct, condemn and purchase, purchase, acquire, lease, add to, maintain, operate,
develop, and regulate all lands, property, property rights,
water, water rights, dams, ditches, flumes, aqueducts, pipes
and pipe lines, water power, leases, easements, rights of way,
franchises, plants, plant facilities, and systems for generating
electric energy by water power, steam, or other methods;
plants, plant facilities, and systems for developing, conserving, and distributing water for domestic use and irrigation;
buildings, structures, poles and pole lines, and cables and
conduits and any and all other facilities; and may exercise the
right of eminent domain to effectuate the foregoing purposes
or for the acquisition and damaging of such property and
rights, or property of any kind appurtenant thereto, and for
the purpose of acquiring the right to make physical connection with plants and plant facilities of all persons and munic54.16.020
[Title 54 RCW—page 13]
54.16.030
Title 54 RCW: Public Utility Districts
Eminent domain: State Constitution Art. 1 § 16 (Amendment 9).
the consumer that are likely to result from the installation of
the fixtures, systems, or equipment;
(2) Providing a list of businesses that sell and install the
fixtures, systems, and equipment within or in close proximity
to the service area of the city or town, each of which businesses shall have requested to be included and shall have the
ability to provide the products in a workmanlike manner and
to utilize the fixtures, systems, and equipment in accordance
with the prevailing national standards;
(3) Arranging to have approved conservation fixtures,
systems, and equipment installed by a private contractor
whose bid is acceptable to the owner of the structure and verifying the installation; and
(4) Arranging or providing financing for the purchase
and installation of approved conservation fixtures, systems,
and equipment. The fixtures, systems, and equipment shall be
purchased or installed by a private business, the owner, or the
utility.
Pay back shall be in the form of incremental additions to
the utility bill, billed either together with use charge or separately. Loans shall not exceed one hundred twenty months in
length. [1989 c 421 § 4.]
Eminent domain by cities: Chapter 8.12 RCW.
Intent—Contingent effective date—1989 c 421: See notes following
RCW 35.92.017.
ipalities. The right of eminent domain shall be exercised pursuant to resolution of the commission and conducted in the
same manner and by the same procedure as is provided for
the exercise of that power by cities and towns of the state in
the acquisition of like property and property rights. It shall be
no defense to a condemnation proceeding that a portion of the
electric current generated or sold by the district will be
applied to private purposes, if the principal uses intended are
public: PROVIDED, That no public utility owned by a city
or town shall be condemned, and none shall be purchased
without submission of the question to the voters of the utility
district. In a condemnation proceeding, the court shall submit
to the jury the values placed upon the property by the taxing
authority for taxation purposes, and in respect to property,
plants, and facilities of persons using public highways for
furnishing public service without franchises, shall consider in
determining the value thereof the fact that the property,
plants, and facilities are subject to be removed from the highways by reason of being so operated without a franchise.
[1955 c 390 § 3. Prior: 1945 c 143 § 1(b); 1931 c 1 § 6(b);
Rem. Supp. 1945 § 11610(b).]
54.16.030
54.16.030 Water and irrigation works. A district may
construct, purchase, condemn and purchase, acquire, add to,
maintain, conduct, and operate water works and irrigation
plants and systems, within or without its limits, for the purpose of furnishing the district, and the inhabitants thereof,
and of the county in which the district is located, and any
other persons including public and private corporations
within or without the limits of the district or the county, with
an ample supply of water for all purposes, public and private,
including water power, domestic use, and irrigation, with full
and exclusive authority to sell and regulate and control the
use, distribution, and price thereof. [1999 c 154 § 1; 1998 c
49 § 1; 1955 c 390 § 4. Prior: 1945 c 143 § 1(c); 1931 c 1 §
6(c); Rem. Supp. 1945 § 11610(c).]
54.16.032
54.16.032 Authority to assist customers in the acquisition of water conservation equipment—Limitations.
Any district is hereby authorized, within limits established by
the Constitution of the state of Washington, to assist the owners of structures in financing the acquisition and installation
of fixtures, systems, and equipment, for compensation or otherwise, for the conservation or more efficient use of water in
the structures under a water conservation plan adopted by the
district if the cost per unit of water saved or conserved by the
use of the fixtures, systems, and equipment is less than the
cost per unit of water supplied by the next least costly new
water source available to the district to meet future demand.
Except where otherwise authorized, assistance shall be limited to:
(1) Providing an inspection of the structure, either
directly or through one or more inspectors under contract, to
determine and inform the owner of the estimated cost of purchasing and installing conservation fixtures, systems, and
equipment for which financial assistance will be approved
and the estimated life cycle savings to the water system and
[Title 54 RCW—page 14]
54.16.035 Provision of water service beyond district
subject to review by boundary review board. The provision of water service beyond the boundaries of a public utility
district may be subject to potential review by a boundary
review board under chapter 36.93 RCW. [1989 c 84 § 48.]
54.16.035
54.16.040 Electric energy. A district may purchase,
within or without its limits, electric current for sale and distribution within or without its limits, and construct, condemn
and purchase, purchase, acquire, add to, maintain, conduct,
and operate works, plants, transmission and distribution lines
and facilities for generating electric current, operated either
by water power, steam, or other methods, within or without
its limits, for the purpose of furnishing the district, and the
inhabitants thereof and any other persons, including public
and private corporations, within or without its limits, with
electric current for all uses, with full and exclusive authority
to sell and regulate and control the use, distribution, rates,
service, charges, and price thereof, free from the jurisdiction
and control of the utilities and transportation commission, in
all things, together with the right to purchase, handle, sell, or
lease motors, lamps, transformers and all other kinds of
equipment and accessories necessary and convenient for the
use, distribution, and sale thereof: PROVIDED, That the
commission shall not supply water to a privately owned utility for the production of electric energy, but may supply,
directly or indirectly, to an instrumentality of the United
States government or any publicly or privately owned public
utilities which sell electric energy or water to the public, any
amount of electric energy or water under its control, and contracts therefor shall extend over such period of years and contain such terms and conditions for the sale thereof as the commission of the district shall elect; such contract shall only be
made pursuant to a resolution of the commission authorizing
such contract, which resolution shall be introduced at a meeting of the commission at least ten days prior to the date of the
54.16.040
(2006 Ed.)
Powers
adoption of the resolution: PROVIDED FURTHER, That it
shall first make adequate provision for the needs of the district, both actual and prospective. [1955 c 390 § 5. Prior:
1945 c 143 § 1(d); 1931 c 1 § 6(d); Rem. Supp. 1945 §
11610(d).]
Joint operating agency: RCW 43.52.360.
Reduced utility rates for low-income senior citizens and other low-income
citizens: RCW 74.38.070.
Right of city or town to acquire electrical distribution property from P.U.D.:
RCW 35.92.054.
54.16.045
54.16.045 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW.
54.16.047
54.16.047 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
54.16.050
54.16.050 Water rights. A district may take, condemn
and purchase, purchase and acquire any public and private
property, franchises and property rights, including state,
county, and school lands, and property and littoral and water
rights, for any of the purposes aforesaid, and for railroads,
tunnels, pipe lines, aqueducts, transmission lines, and all
other facilities necessary or convenient, and, in connection
with the construction, maintenance, or operation of any such
utilities, may acquire by purchase or condemnation and purchase the right to divert, take, retain, and impound and use
water from or in any lake or watercourse, public or private,
navigable or nonnavigable, or held, owned, or used by the
state, or any subdivision thereof, or by any person for any
public or private use, or any underflowing water within the
state; and the district may erect, within or without its limits,
dams or other works across any river or watercourse, or
across or at the outlet of any lake, up to and above high water
mark; and, for the purpose of constructing or laying aqueducts or pipelines, dams, or waterworks or other necessary
structures in storing, retaining, and distributing water, or for
any other purpose authorized hereunder, the district may
occupy and use the beds and shores up to the high water mark
of any such lake, river, or watercourse, and acquire by purchase or by condemnation and purchase, or otherwise, any
water, water rights, easements, or privileges named herein or
necessary for any of such purposes, and a district may acquire
by purchase, or condemnation and purchase, or otherwise,
any lands, property, or privileges necessary to protect the
water supply of the district from pollution: PROVIDED,
That should private property be necessary for any of its purposes, or for storing water above high water mark, the district
may condemn and purchase, or purchase and acquire such
private property. [1955 c 390 § 6. Prior: 1945 c 143 § 1(e),
part; 1931 c 1 § 6(e), part; Rem. Supp. 1945 § 11610(e), part.]
Water rights: Title 90 RCW.
54.16.060
54.16.060 Intertie lines. A district may build and maintain intertie lines connecting its power plant and distribution
system with the power plant and distribution system owned
by any other public utility district, or municipal corporation,
(2006 Ed.)
54.16.080
or connect with the power plants and distribution systems
owned by any municipal corporation in the district, and from
any such intertie line, sell electric energy to any person, public utility district, city, town or other corporation, public or
private, and, by means of transmission or pole lines, conduct
electric energy from the place of production to the point of
distribution, and construct and lay aqueducts, pipe or pole
lines, and transmission lines along and upon public highways, roads, and streets, and condemn and purchase, purchase or acquire, lands, franchises, and rights of way necessary therefor. [1955 c 390 § 7. Prior: 1945 c 143 § 1(e), part;
1931 c 1 § 6(e), part; Rem. Supp. 1945 § 11610(e), part.]
54.16.070 District may borrow money, contract
indebtedness, issue bonds or obligations—Guaranty
fund. (1) A district may contract indebtedness or borrow
money for any corporate purpose on its credit or on the revenues of its public utilities, and to evidence such indebtedness
may issue general obligation bonds or revenue obligations;
may issue and sell local utility district bonds of districts created by the commission, and may purchase with surplus
funds such local utility district bonds, and may create a guaranty fund to insure prompt payment of all local utility district
bonds. The general obligation bonds shall be issued and sold
in accordance with chapter 39.46 RCW. A district is authorized to establish lines of credit or make other prearranged
agreements, or both, to borrow money with any financial
institution.
(2) Notwithstanding subsection (1) of this section, such
revenue obligations and local utility district bonds may be
issued and sold in accordance with chapter 39.46 RCW.
[1991 c 74 § 1; 1984 c 186 § 44; 1983 c 167 § 144; 1959 c 218
§ 1; 1955 c 390 § 8. Prior: 1945 c 143 § 1(f); 1931 c 1 § 6(f);
Rem. Supp. 1945 § 11610(f).]
54.16.070
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
54.16.080 Levy and collection of taxes—Tax anticipation warrants. A district may raise revenue by the levy of
an annual tax on all taxable property within the district, not
exceeding forty-five cents per thousand dollars of assessed
value in any one year, exclusive of interest and redemption
for general obligation bonds. The commission shall prepare a
proposed budget of the contemplated financial transactions
for the ensuing year and file it in its records, on or before the
first Monday in September. Notice of the filing of the proposed budget and the date and place of hearing thereon shall
be published for at least two consecutive weeks in a newspaper printed and of general circulation in the county. On the
first Monday in October, the commission shall hold a public
hearing on the proposed budget at which any taxpayer may
appear and be heard against the whole or any part thereof.
Upon the conclusion of the hearing, the commission shall, by
resolution, adopt the budget as finally determined, and fix the
final amount of expenditures for the ensuing year. Taxes levied by the commission shall be certified to and collected by
the proper officer of the county in which the district is located
in the same manner as provided for the certification and collection of port district taxes. The commission may, prior to
the receipt of taxes raised by levy, borrow money or issue
54.16.080
[Title 54 RCW—page 15]
54.16.083
Title 54 RCW: Public Utility Districts
warrants of the district in anticipation of the revenue to be
derived from the levy or taxes for district purposes, and the
warrants shall be redeemed from the first money available
from such taxes. The warrants shall not exceed the anticipated revenue of one year, and shall bear interest at a rate
determined by the commission. [1981 c 156 § 18; 1973 1st
ex.s. c 195 § 60; 1955 c 390 § 9. Prior: 1945 c 143 § 1(g);
1931 c 1 § 6(g); Rem. Supp. 1945 § 11610(g).]
managerial position requires special qualifications or entails
responsibilities and duties of such a nature that substantial
benefits will accrue to the district from personal interviews of
candidates for such a vacancy to be held in the district, the
district commission, by resolution adopted at a regular meeting, may authorize the payment of actual necessary travel and
living expenses of such candidates incurred while in travel
status. [1975 1st ex.s. c 140 § 1.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Application of one percentum levy limitation to public utility district: State
Constitution Art. 7 § 2 and RCW 84.52.050.
Collection of taxes by port districts: RCW 53.36.020.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
54.16.083 Community revitalization financing—
Public improvements. In addition to other authority that a
public utility district possesses, a public utility district may
provide any public improvement as defined under RCW
39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a public utility district to otherwise participate in the public improvements if that authority exists elsewhere. [2001 c 212 § 19.]
54.16.083
Severability—2001 c 212: See RCW 39.89.902.
54.16.085 Interfund loans. A public utility district
may make and repay interfund loans between its funds.
[1987 c 18 § 2.]
54.16.085
54.16.090 Contracts with other agencies or utilities—
Gifts, etc.—Employees and experts—Advancements. A
district may enter into any contract or agreement with the
United States, or any state, municipality, or other utility district, or any department of those entities, or with any cooperative, mutual, consumer-owned utility, or with any investorowned utility or with an association of any of such utilities,
for carrying out any of the powers authorized by this title.
It may acquire by gift, devise, bequest, lease, or purchase, real and personal property necessary or convenient for
its purposes, or for any local district therein.
It may make contracts, employ engineers, attorneys, and
other technical or professional assistance; print and publish
information or literature; advertise or promote the sale and
distribution of electricity or water and do all other things necessary to carry out the provisions of this title.
It may advance funds, jointly fund or jointly advance
funds for surveys, plans, investigations, or studies as set forth
in RCW 54.16.010, including costs of investigations, design
and licensing of properties and rights of the type described in
RCW 54.16.020, including the cost of technical and professional assistance, and for the advertising and promotion of
the sale and distribution of electricity or water. [1969 c 106
§ 7; 1955 c 390 § 10. Prior: 1945 c 143 § 1(h), (i), (j), part;
1931 c 1 § 6(h), (i), (j), part; Rem. Supp. 1945 § 11610(h), (i),
(j), part.]
54.16.090
Construction—Severability—1969 c 106: See notes following RCW
54.08.041.
54.16.092 Employment interview expenses. When a
district commission finds that a vacancy for a technical or
54.16.092
[Title 54 RCW—page 16]
54.16.095
54.16.095 Liability insurance for officials and
employees. The board of commissioners of each public utility district may purchase liability insurance with such limits
as they may deem reasonable for the purpose of protecting
their officials and employees against liability for personal or
bodily injuries and property damage arising from their acts or
omissions while performing or in good faith purporting to
perform their official duties. [1973 c 125 § 5.]
54.16.096
54.16.096 Liability insurance for officers and
employees authorized. See RCW 36.16.138.
54.16.097
54.16.097 Actions against officer, employee, or
agent—Defense and costs provided by public utility district—Exception. Whenever any action, claim or proceeding is instituted against any person who is or was an officer,
employee, or agent of a public utility district established
under this title arising out of the performance or failure of
performance of duties for, or employment with any such district, the commission of the district may grant a request by
such person that the attorney of the district’s choosing be
authorized to defend said claim, suit or proceeding, and the
costs of defense, attorney’s fees, and any obligation for payment arising from such action may be paid from the district’s
funds: PROVIDED, That costs of defense and/or judgment
or settlement against such person shall not be paid in any case
where the court has found that such person was not acting in
good faith or within the scope of his employment with or
duties for the district. [1975 c 60 § 2.]
54.16.100
54.16.100 Manager—Appointment—Compensation—Duties. The commission, by resolution introduced at
a regular meeting and adopted at a subsequent regular meeting, shall appoint and may remove at will a district manager,
and shall, by resolution, fix his or her compensation.
The manager shall be the chief administrative officer of
the district, in control of all administrative functions and shall
be responsible to the commission for the efficient administration of the affairs of the district placed in his or her charge.
The manager shall be an experienced executive with administrative ability. In the absence or temporary disability of the
manager, the manager shall, with the approval of the president of the commission, designate some competent person as
acting manager.
The manager may attend all meetings of the commission
and its committees, and take part in the discussion of any
matters pertaining to the duties of his or her department, but
shall have no vote.
(2006 Ed.)
Powers
The manager shall carry out the orders of the commission, and see that the laws pertaining to matters within the
functions of his or her department are enforced; keep the
commission fully advised as to the financial condition and
needs of the districts; prepare an annual estimate for the ensuing fiscal year of the probable expenses of the department,
and recommend to the commission what development work
should be undertaken, and what extensions and additions, if
any, should be made during the ensuing fiscal year, with an
estimate of the costs of the development work, extensions,
and additions; certify to the commission all bills, allowances,
and payrolls, including claims due contractors of public
works; recommend to the commission compensation of the
employees of his or her office, and a scale of compensation to
be paid for the different classes of service required by the district; hire and discharge employees under his or her direction;
and perform such other duties as may be imposed upon the
manager by resolution of the commission. It is unlawful for
the manager to make any contribution of money in aid of or
in opposition to the election of any candidate for public utility
commissioner or to advocate or oppose any such election.
[1990 c 16 § 1; 1955 c 390 § 11. Prior: 1945 c 143 § 1(j),
part; 1931 c 1 § 6(j), part; Rem. Supp. 1945 § 11610(j), part.]
54.16.110
54.16.110 May sue and be sued—Claims. A district
may sue in any court of competent jurisdiction, and may be
sued in the county in which its principal office is located or in
which it owns or operates facilities. No suit for damages shall
be maintained against a district except on a claim filed with
the district complying in all respects with the terms and
requirements for claims for damages set forth in chapter 4.96
RCW. [1993 c 449 § 11; 1979 ex.s. c 240 § 3; 1955 c 390 §
12. Prior: 1945 c 143 § 1(k); 1931 c 1 § 6(k); Rem. Supp.
1945 § 11610(k).]
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
Claims against cities of the second class: RCW 35.31.040.
54.16.120
54.16.120 Local utility districts authorized. A district
may, by resolution, establish and define the boundaries of
local assessment districts to be known as local utility district
No. . . . ., for distribution, under the general supervision and
control of the commission, of water for all purposes, public
and private, including domestic use, irrigation, and electric
energy, and for providing street lighting, or any of them, and
in like manner provide for the purchasing, or otherwise
acquiring, or constructing and equipping and maintaining and
operating distribution systems for such purposes, and for
extensions and betterments thereof, and may levy and collect
in accordance with the special benefits conferred thereon,
special assessments and reassessments on property specially
benefited thereby, for paying the cost and expense thereof, or
any portions thereof, as herein provided, and issue local
improvement bonds or warrants or both to be repaid wholly
or in part by collection of local improvement assessments. A
district also may form local utility districts located entirely or
in part outside its limits or the limits of the county in which
the district is located to provide water, or sewer facilities if
otherwise authorized under this title. [1999 c 154 § 2; 1975 c
46 § 1; 1955 c 390 § 13. Prior: 1951 c 209 § 1; 1945 c 143 §
(2006 Ed.)
54.16.140
1(l), part; 1931 c 1 § 6(l), part; Rem. Supp. 1945 § 11610(l),
part.]
Assessments and charges against state lands: Chapter 79.44 RCW.
Local improvements, supplemental authority: Chapter 35.51 RCW.
54.16.125
54.16.125 Exemption of farm and agricultural land
from special benefit assessments. See RCW 84.33.210
through 84.33.270, 84.34.300 through 84.34.380, and
84.34.922.
54.16.130
54.16.130 Local districts—Procedure—Financing.
The commission shall by resolution establish the method of
procedure in all matters relating to local utility districts. A
public utility district may determine by resolution what work
shall be done or improvements made at the expense, in whole
or in part, of the property specially benefited thereby; and
adopt and provide the manner, machinery and proceedings in
any way relating to the making and collecting of assessments
therefor in pursuance thereof. Except as herein otherwise provided or as may hereafter be set forth by resolution, all matters and proceedings relating to the local utility district, the
levying and collection of assessments, the issuance and
redemption of local improvement warrants and bonds, and
the enforcement of local assessment liens hereunder, shall be
governed, as nearly as may be, by the laws relating to local
improvements for cities and towns: PROVIDED, That no
protest against a local utility district improvement shall be
received after twelve o’clock noon of the day set for hearing.
Such bonds and warrants may be in any form, including
bearer bonds or bearer warrants, or registered warrants or
registered bonds as provided in RCW 39.46.030. Such bonds
and warrants may also be issued and sold in accordance with
chapter 39.46 RCW.
The commission may determine to finance the project by
bonds or warrants secured by assessments against the property within the local utility district: Or it may finance the
project by revenue bonds, in which case no bonds or warrants
shall be issued by the local utility district, but assessments
shall be levied upon the taxable property therein on the basis
of special benefits up to, but not exceeding the total cost of
the improvement and in such cases the entire principal and
interest of such assessments shall be paid into a revenue bond
fund of the district, to be used for the sole purpose of the payment of revenue bonds. [1983 c 167 § 145; 1955 c 390 § 14.
Prior: 1951 c 209 § 2; 1945 c 143 § 1(l), part; 1931 c 1 § 6(l),
part; Rem. Supp. 1945 § 11610(l), part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Local improvement
first class cities: Chapters 35.43 through 35.56 RCW.
guaranty fund: RCW 54.24.200 through 54.24.260.
54.16.140 Petition or resolution for local district—
Hearing—Notice. Any such improvement shall be ordered
by resolution of the commission either upon petition or resolution therefor. When a petition, signed by ten percent of the
owners of land in the district to be therein described, is filed
with the commission, asking that the plan or improvement
therein set forth be adopted and ordered, and defining the
boundaries of a local improvement district to be assessed in
whole or in part to pay the cost thereof, the commission shall
54.16.140
[Title 54 RCW—page 17]
54.16.142
Title 54 RCW: Public Utility Districts
fix the date of hearing thereon, and give not less than two
weeks notice thereof by publication. The commission may
deny the petition or order the improvement, unless a majority
of the owners of lands in the district file prior to twelve
o’clock noon of the day of the hearing, with the secretary a
petition protesting against the improvement. If the commission orders the improvement, it may alter the boundaries of
the proposed local district and prepare and adopt detail plans
of the local improvement, declare the estimated cost thereof,
what proportion thereof shall be borne by the local improvement district, and what proportion, if any shall be borne by
the entire public utility district. [1955 c 390 § 15. Prior: 1945
c 143 § 1(l), part; 1931 c 1 § 6(l), part; Rem. Supp. 1945 §
11610(l), part.]
54.16.142
54.16.142 Local utility districts—Notice must contain statement that assessments may vary from estimates.
Any notice given to the public or to the owners of specific
lots, tracts, or parcels of land relating to the formation of a
local utility district shall contain a statement that actual
assessments may vary from assessment estimates so long as
they do not exceed a figure equal to the increased true and fair
value the improvement, or street lighting, adds to the property. [1989 c 243 § 9.]
54.16.145
54.16.145 Local utility districts—Sanitary sewer or
potable water facilities—Notice to certain property owners. Whenever it is proposed that a local utility district
finance sanitary sewers or potable water facilities, additional
notice of the public hearing on the proposed local utility district shall be mailed to the owners of any property located
outside of the proposed local utility district that would be
required as a condition of federal housing administration loan
qualification, at the time of notice, to be connected to the specific sewer or water facilities installed by the local utility district. The notice shall include information about this restriction. [1987 c 315 § 4.]
54.16.150
54.16.150 Procedure when petition is signed by
majority of landowners. When a petition signed by a
majority of the landowners in a proposed local improvement
district is filed with the commission, asking that the improvement therein described be ordered, the commission shall
forthwith fix a date for hearing thereon after which it shall, by
resolution, order the improvement, and may alter the boundaries of the proposed district; prepare and adopt the improvement; prepare and adopt detail plans thereof; declare the estimated cost thereof, what proportion of the cost shall be borne
by the local district, and what proportion, if any, shall be
borne by the entire public utility district, and provide the general funds thereof to be applied thereto, if any; acquire all
lands and other properties therefor; pay all damages caused
thereby; and commence in the name of the public utility district such eminent domain proceedings and supplemental
assessment or reassessment proceedings to pay all eminent
domain awards necessary to entitle the district to proceed
with the work, and shall thereafter proceed with the work,
and shall file with the county treasurer its roll levying special
assessments in the amount to be paid by special assessment
against the property in the local improvement district in pro[Title 54 RCW—page 18]
portion to the special benefits to be derived by the property in
the local district from the improvement: PROVIDED, HOWEVER, No such improvement shall be ordered unless the
same appears to the commission to be financially and economically feasible: AND PROVIDED FURTHER, That the
commission may require as a condition to ordering such
improvement or to making its determination as to the financial and economic feasibility, that all or a portion of such
engineering, legal or other costs incurred or to be incurred by
the commission in determining financial and economic feasibility shall be borne or guaranteed by the petitioners of the
proposed local improvement district under such rules as the
commission may adopt. No person shall withdraw his name
from the petition after the same has been filed with the commission. [1959 c 142 § 3; 1955 c 390 § 16. Prior: 1945 c 143
§ 1(l), part; 1931 c 1 § 6(l), part; Rem. Supp. 1945 § 11610(l),
part.]
54.16.160
54.16.160 Assessment roll—Hearing—Appellate
review—Expenses. Before approval of the roll, a notice
shall be published once each week for two successive weeks
in a newspaper of general circulation in the county, stating
that the roll is on file and open to inspection in the office of
the secretary, and fixing a time not less than fifteen nor more
than thirty days from the date of the first publication of the
notice, within which protests must be filed with the secretary
against any assessments shown thereon, and fixing a time
when a hearing shall be held by the commission on the protests. After the hearing the commission may alter any and all
assessments shown on the roll and may, by resolution,
approve it, but if an assessment is raised, a new notice, similar to the first, shall be given, and a hearing had thereon, after
which final approval of the roll may be made. Any person
aggrieved by the assessments shall perfect an appeal to the
superior court of the county within ten days after the
approval, in the manner provided for appeals from assessments levied by cities of the first class. In the event such an
appeal shall be taken, the judgment of the court shall confirm
the assessment insofar as it affects the property of the appellant unless the court shall find from the evidence that such
assessment is founded upon a fundamentally wrong basis
and/or the decision of the commission thereon was arbitrary
or capricious; in which event the judgment of the court shall
correct, change, modify, or annul the assessment insofar as it
affects the property of the appellant. In the same manner as
provided with reference to cities of the first class appellate
review of the judgment of the superior court may be sought,
as in other cases, within fifteen days after the date of the entry
of the judgment in the superior court. Engineering, office,
and other expenses necessary or incident to the improvement
shall be borne by the public utility district: PROVIDED,
That when a municipal corporation included in the public
utility district already owns or operates a utility of a character
like that for which the assessments are levied hereunder, all
such engineering and other expenses shall be borne by the
local assessment district. [1988 c 202 § 51; 1971 c 81 § 123;
1959 c 142 § 4; 1955 c 390 § 17. Prior: 1945 c 143 § 1(l),
part; 1931 c 1 § 6(l), part; Rem. Supp. 1945 c 11610(l), part.]
Severability—1988 c 202: See note following RCW 2.24.050.
Procedure on appeal from assessments levied by cities of the first class:
RCW 35.44.200 through 35.44.270.
(2006 Ed.)
Powers
54.16.165
54.16.165 Segregation of assessments. Whenever any
land against which there has been levied any special assessment by any public utility district shall have been sold in part
or subdivided, the board of commissioners of such public
utility district shall have the power to order a segregation of
the assessment.
Any person owning any part of the land involved in a
special assessment and desiring to have such special assessment against the tracts of land segregated to apply to smaller
parts thereof shall apply in writing to the board of commissioners of the public utility district which levied the assessment. If the commissioners determine that a segregation
should be made they shall do so as nearly as possible on the
same basis as the original assessment was levied and the total
of the segregated parts of the assessment shall equal the
assessment before segregation.
The commission shall then send notice thereof by mail to
the several owners interested in the tract, as shown on the
general tax rolls. If no protest is filed within twenty days from
date of mailing said notice, the commission shall then by resolution approve said segregation. If a protest is filed, the
commission shall have a hearing thereon, after mailing to the
several owners at least ten days notice of the time and place
thereof. After the hearing, the commission may by resolution
approve said segregation, with or without change. Within ten
days after the approval, any person aggrieved by the segregation may perfect an appeal to the superior court of the county
wherein the property is situated and thereafter seek appellate
review, all as provided for appeals from assessments levied
by cities of the first class. The resolution approving said segregation shall describe the original tract, the amount and date
of the original assessment, and shall define the boundaries of
the divided parts and the amount of the assessment chargeable to each part, and shall order the county treasurer to make
segregation on the original assessment roll as directed in the
resolution. A certified copy of the resolution shall be delivered to the county treasurer who shall proceed to make the
segregation ordered. The board of commissioners may
require as a condition to the order of segregation that the person seeking it pay the public utility district the reasonable
engineering and clerical costs incident to making the segregation. Unless otherwise provided in said resolution, the county
treasurer shall apportion amounts paid on the original assessment in the same proportion as the segregated assessments
bear to the original assessment. Upon segregation being made
by the county treasurer, as aforesaid, the lien of the special
assessment shall apply to the segregated parcels only to the
extent of the segregated part of such assessment. [1988 c 202
§ 52; 1971 c 81 § 124; 1959 c 142 § 1.]
Severability—1988 c 202: See note following RCW 2.24.050.
54.16.170
54.16.170 Apportionment of cost of improvement.
When an improvement is ordered hereunder, payment for
which shall be made in part from assessments against property specially benefited, not more than fifty percent of the
cost thereof shall ever be borne by the entire public utility
district, nor shall any sum be contributed by it to any
improvement acquired or constructed with or by any other
body, exceed such amount, unless a majority of the electors
of the district consent to or ratify the making of such expen(2006 Ed.)
54.16.180
diture. [1955 c 390 § 18. Prior: 1945 c 143 § 1(l), part; 1931
c 1 § 6(l), part; Rem. Supp. 1945 § 11610(l), part.]
54.16.180
54.16.180 Sale, lease, disposition of properties, equipment, and materials—Procedure—Acquisition, operation
of sewage system by districts in certain counties. A district
may sell and convey, lease, or otherwise dispose of all or any
part of its works, plants, systems, utilities and properties,
after proceedings and approval by the voters of the district, as
provided for the lease or disposition of like properties and
facilities owned by cities and towns: PROVIDED, That the
affirmative vote of three-fifths of the voters voting at an election on the question of approval of a proposed sale, shall be
necessary to authorize such sale: PROVIDED FURTHER,
That a district may sell, convey, lease or otherwise dispose of
all or any part of the property owned by it, located outside its
boundaries, to another public utility district, city, town or
other municipal corporation without the approval of the voters; or may sell, convey, lease, or otherwise dispose of to any
person or public body, any part, either within or without its
boundaries, which has become unserviceable, inadequate,
obsolete, worn out or unfit to be used in the operations of the
system and which is no longer necessary, material to, and
useful in such operations, without the approval of the voters:
PROVIDED FURTHER, That a district may sell, convey,
lease or otherwise dispose of items of equipment or materials
to any other district, to any cooperative, mutual, consumerowned or investor-owned utility, to any federal, state, or local
government agency, to any contractor employed by the district or any other district, utility, or agency, or any customer
of the district or of any other district or utility, from the district’s stores without voter approval or resolution of the district’s board, if such items of equipment or materials cannot
practicably be obtained on a timely basis from any other
source, and the amount received by the district in consideration for any such sale, conveyance, lease, or other disposal
of such items of equipment or materials is not less than the
district’s cost to purchase such items or the reasonable market value of equipment or materials: PROVIDED FURTHER, That a public utility district located within a county
with a population of from one hundred twenty-five thousand
to less than two hundred ten thousand may sell and convey to
a city of the first class, which owns its own water system, all
or any part of a water system owned by said public utility district where a portion of it is located within the boundaries of
such city, without approval of the voters upon such terms and
conditions as the district shall determine: PROVIDED FURTHER, That a public utility district located in a county with a
population of from twelve thousand to less than eighteen
thousand and bordered by the Columbia river may, separately
or in connection with the operation of a water system, or as
part of a plan for acquiring or constructing and operating a
water system, or in connection with the creation of another or
subsidiary local utility district, may provide for the acquisition or construction, additions or improvements to, or extensions of, and operation of a sewage system within the same
service area as in the judgment of the district commission is
necessary or advisable in order to eliminate or avoid any
existing or potential danger to the public health by reason of
the lack of sewerage facilities or by reason of the inadequacy
of existing facilities: AND PROVIDED FURTHER, That a
[Title 54 RCW—page 19]
54.16.190
Title 54 RCW: Public Utility Districts
public utility district located within a county with a population of from one hundred twenty-five thousand to less than
two hundred ten thousand bordering on Puget Sound may sell
and convey to any city or town with a population of less than
ten thousand all or any part of a water system owned by said
public utility district without approval of the voters upon
such terms and conditions as the district shall determine. Public utility districts are municipal corporations for the purposes
of this section and the commission shall be held to be the legislative body and the president and secretary shall have the
same powers and perform the same duties as the mayor and
city clerk and the resolutions of the districts shall be held to
be ordinances within the meaning of the statutes governing
the sale, lease, or other disposal of public utilities owned by
cities and towns. [1999 c 69 § 1; 1994 c 81 § 78; 1991 c 363
§ 135; 1977 ex.s. c 31 § 1; 1963 c 196 § 1; 1959 c 275 § 1;
1955 c 390 § 19. Prior: 1945 c 143 § 1(m); 1931 c 1 § 6(m);
Rem. Supp. 1945 § 11610(m).]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
54.16.190
54.16.190 General resolutions. The commission of a
district may adopt general resolutions to carry out the purposes, objects, and provisions of this title. [1955 c 390 § 20.
Prior: 1945 c 143 § 1(n); 1931 c 1 § 6(n); Rem. Supp. 1945
§ 11610(n).]
54.16.200
54.16.200 Joint exercise of powers and joint acquisition of properties. Any two or more public utility districts
organized under the provisions of the laws of this state shall
have the power, by mutual agreement, to exercise jointly all
powers granted to each individual district, and in the exercise
of such powers shall have the right and power to acquire
jointly all or any part of any electric utility properties which,
at *the time of the passage of this act, constitutes an interconnected and physically integrated electric utility system,
whether entirely within or partly within and partly without
such districts: PROVIDED, That any two or more districts so
acting jointly, by mutual agreement, shall not acquire any
electric utility distribution properties in any other public utility district without the consent of such district, and shall not
exercise jointly the power to condemn any privately owned
utility property or any public utility owned by a municipality,
to levy taxes or, to create subdistricts. [1949 c 227 § 2; Rem.
Supp. 1949 § 10459-15.]
*Reviser’s note: As to "the time of the passage of this act," the legislative history of chapter 227, Laws of 1949 is as follows: Passed the house
March 8, 1949; passed the senate March 7, 1949; approved by the governor
March 22, 1949.
Joint operating agency: RCW 43.52.360.
54.16.210
54.16.210 Joint acquisition, operation, etc., with city
of electrical utility properties. See chapter 35.92 RCW.
54.16.220
54.16.220 Columbia river hydroelectric projects—
Grant back of easements to former owners. Notwithstanding any other provision of law, every public utility district
acquiring privately owned lands, real estate or property for
reservoir purposes of a hydroelectric power project dam on
the Columbia river, upon acquisition of title to said lands,
whether acquired by purchase or condemnation, shall grant
[Title 54 RCW—page 20]
back to the former owners of the lands acquired upon their
request therefor, whether prior to conveyance of title to the
district or within sixty days thereafter, a perpetual easement
appurtenant to the adjoining property for such occupancy and
use and improvement of the acquired lands as will not be detrimental to the operation of the hydroelectric project and not
be in violation of the required conditions of the district’s Federal Power Commission license for the project: PROVIDED,
That said former owners shall not thereafter erect any structure or make any extensive physical change thereon except
under a permit issued by the public utility district: PROVIDED FURTHER, That said easement shall include a provision that any shorelands thereunder shall be open to the
public, and shall be subject to cancellation upon sixty days
notice to the owners by the district that such lands are to be
conveyed to another public agency for game or game fish
purposes or public recreational use, in which event the owners shall remove any structures they may have erected
thereon within a reasonable time without cost to the district.
The provisions of this section shall not be applicable with
respect to: (1) lands acquired from an owner who does not
desire an easement for such occupancy and use; (2) lands
acquired from an owner where the entire estate has been
acquired; (3) lands acquired for, and reasonably necessary
for, project structures (including borrow areas) or for relocation of roads, highways, railroads, other utilities or railroad
industrial sites; and (4) lands heretofore acquired or disposed
of by sale or lease by a public utility district for whatsoever
purpose. [1965 ex.s. c 118 § 1.]
54.16.230
54.16.230 Sewage system works—Acquire, construct, operate, etc.—Authorizing election—Procedure.
A public utility district may acquire, construct, operate, maintain, and add to sewage systems, subject to and in compliance
with the county comprehensive plan, under the general powers of Title 54 RCW or through the formation of local utility
districts as provided in RCW 54.16.120 through 54.16.170:
PROVIDED, That prior to engaging in any sewage system
works as authorized by this section, the voters of the public
utility district shall first approve by majority vote a referendum proposition authorizing such district to exercise the
powers set forth in this section, which proposition shall be
presented at a general election. [1975 1st ex.s. c 57 § 1.]
54.16.240
54.16.240 Sewage system works—Resolution or petition—Voter approval or rejection. The commission of a
public utility district, by resolution may, or on petition in the
same manner as provided for the creation of a district under
RCW 54.08.010 shall, submit to the voters for their approval
or rejection the proposal that said public utility district be
authorized to exercise the powers set forth in RCW
54.16.230. [1975 1st ex.s. c 57 § 2.]
54.16.250
54.16.250 Sewage system works—Ballot proposition—Canvass. The legislative authority of the county in
which the public utility district is located, upon receipt of the
resolution of the public utility district commission or petition
as provided for in RCW 54.08.010, shall submit such proposal to the voters of the district at the next general election
in substantially the following terms:
(2006 Ed.)
Powers
Shall Public Utility District No. . . . . of . . . . . . County
be authorized to acquire, construct, operate, maintain, and
add to sewage systems?
Yes â
No â
Within ten days after such election, the election board of
the county shall canvass the returns, and if at such election a
majority of voters voting on the proposition shall vote in
favor of such authority, the district shall have the powers set
forth in RCW 54.16.230. [1975 1st ex.s. c 57 § 3.]
54.16.260
54.16.260 Sewage system works—Accounts and
funding. Accounts and funding for any sewage system or
systems shall be kept as provided in RCW 43.09.210. [1975
1st ex.s. c 57 § 4.]
54.16.270
54.16.270 Sewage system works—Existing authority
not affected. Nothing contained in RCW 54.16.230 through
54.16.260 shall change or alter the present authority of certain public utility districts as regards sewage systems and as
provided in RCW 54.16.180. [1975 1st ex.s. c 57 § 5.]
54.16.285
(2) Providing a list of businesses who sell and install
such materials and equipment within or in close proximity to
the service area of the district, each of which businesses shall
have requested to be included and shall have the ability to
provide the products in a workmanlike manner and to utilize
such materials in accordance with the prevailing national
standards.
(3) Arranging to have approved conservation materials
and equipment installed by a private contractor whose bid is
acceptable to the owner of the residential structure and verifying such installation; and
(4) Arranging or providing financing for the purchase
and installation of approved conservation materials and
equipment. Such materials and equipment shall be purchased
from a private business and shall be installed by a private
business or the owner.
(5) Pay back shall be in the form of incremental additions to the utility bill, billed either together with use charge
or separately. Loans shall not exceed one hundred twenty
months in length. [2002 c 276 § 3; 1989 c 268 § 2; 1979 ex.s.
c 239 § 3.]
Findings—Intent—2002 c 276: See note following RCW 35.92.360.
Legislative declaration—Effective date—Contingency—1979 ex.s. c
239: See RCW 35.92.355 and note following RCW 35.92.360.
54.16.280
54.16.280 Energy conservation plan—Financing
authorized for energy conservation projects in structures
or equipment—Limitations. Any district is hereby authorized, within limits established by the Constitution of the
state of Washington, to assist the owners of structures or
equipment in financing the acquisition and installation of
materials and equipment, for compensation or otherwise, for
the conservation or more efficient use of energy in such structures or equipment pursuant to an energy conservation plan
adopted by the district if the cost per unit of energy saved or
produced by the use of such materials and equipment is less
than the cost per unit of energy produced by the next least
costly new energy resource which the district could acquire
to meet future demand. Any financing authorized under this
chapter shall only be used for conservation purposes in existing structures, and such financing shall not be used for any
purpose which results in a conversion from one energy
source to another. For the purposes of this section, "conservation purposes in existing structures" may include projects to
allow a district’s customers to generate all or a portion of
their own electricity through the on-site installation of a distributed electricity generation system that uses as its fuel
solar, wind, geothermal, or hydropower, or other renewable
resource that is available on-site and not from a commercial
source. Such projects shall not be considered "a conversion
from one energy source to another" which is limited to the
change or substitution of one commercial energy supplier for
another commercial energy supplier. Except where otherwise
authorized, such assistance shall be limited to:
(1) Providing an inspection of the structure or equipment, either directly or through one or more inspectors under
contract, to determine and inform the owner of the estimated
cost of purchasing and installing conservation materials and
equipment for which financial assistance will be approved
and the estimated life cycle savings in energy costs that are
likely to result from the installation of such materials or
equipment;
(2006 Ed.)
54.16.285 Limitations on termination of utility service for residential heating. (1) A district providing utility
service for residential space heating shall not terminate such
utility service between November 15 through March 15 if the
customer:
(a) Notifies the utility of the inability to pay the bill,
including a security deposit. This notice should be provided
within five business days of receiving a payment overdue
notice unless there are extenuating circumstances. If the customer fails to notify the utility within five business days and
service is terminated, the customer can, by paying reconnection charges, if any, and fulfilling the requirements of this
section, receive the protections of this chapter;
(b) Provides self-certification of household income for
the prior twelve months to a grantee of the department of
community, trade, and economic development which administers federally funded energy assistance programs. The
grantee shall determine that the household income does not
exceed the maximum allowed for eligibility under the state’s
plan for low-income energy assistance under 42 U.S.C. 8624
and shall provide a dollar figure that is seven percent of
household income. The grantee may verify information provided in the self-certification;
(c) Has applied for home heating assistance from applicable government and private sector organizations and certifies that any assistance received will be applied to the current
bill and future utility bills;
(d) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such assistance is available for the dwelling;
(e) Agrees to a payment plan and agrees to maintain the
payment plan. The plan will be designed both to pay the past
due bill by the following October 15 and to pay for continued
utility service. If the past due bill is not paid by the following
October 15, the customer shall not be eligible for protections
under this chapter until the past due bill is paid. The plan shall
54.16.285
[Title 54 RCW—page 21]
54.16.300
Title 54 RCW: Public Utility Districts
not require monthly payments in excess of seven percent of
the customer’s monthly income plus one-twelfth of any
arrearage accrued from the date application is made and
thereafter during November 15 through March 15. A customer may agree to pay a higher percentage during this
period, but shall not be in default unless payment during this
period is less than seven percent of monthly income plus onetwelfth of any arrearage accrued from the date application is
made and thereafter. If assistance payments are received by
the customer subsequent to implementation of the plan, the
customer shall contact the utility to reformulate the plan; and
(f) Agrees to pay the moneys owed even if he or she
moves.
(2) The utility shall:
(a) Include in any notice that an account is delinquent
and that service may be subject to termination, a description
of the customer’s duties in this section;
(b) Assist the customer in fulfilling the requirements
under this section;
(c) Be authorized to transfer an account to a new residence when a customer who has established a plan under this
section moves from one residence to another within the same
utility service area;
(d) Be permitted to disconnect service if the customer
fails to honor the payment program. Utilities may continue to
disconnect service for those practices authorized by law other
than for nonpayment as provided for in this section. Customers who qualify for payment plans under this section who
default on their payment plans and are disconnected can be
reconnected and maintain the protections afforded under this
chapter by paying reconnection charges, if any, and by paying all amounts that would have been due and owing under
the terms of the applicable payment plan, absent default, on
the date on which service is reconnected; and
(e) Advise the customer in writing at the time it disconnects service that it will restore service if the customer contacts the utility and fulfills the other requirements of this section.
(3) All districts providing utility service for residential
space heating shall offer residential customers the option of a
budget billing or equal payment plan. The budget billing or
equal payment plan shall be offered low-income customers
eligible under the state’s plan for low-income energy assistance prepared in accordance with 42 U.S.C. 8624(C)(1)
without limiting availability to certain months of the year,
without regard to the length of time the customer has occupied the premises, and without regard to whether the customer is the tenant or owner of the premises occupied.
(4) An agreement between the customer and the utility,
whether oral or written, shall not waive the protections
afforded under this chapter. [1995 c 399 § 144; 1991 c 165 §
3; 1990 1st ex.s. c 1 § 3; 1986 c 245 § 3; 1985 c 6 § 19; 1984
c 251 § 2.]
Findings—1991 c 165: See note following RCW 35.21.300.
54.16.300
54.16.300 Combined utility functions. A public utility
district by resolution may combine two or more of its separate utility functions into a single utility and combine its
related funds or accounts into a single fund or account. The
separate utility functions include electrical energy systems,
[Title 54 RCW—page 22]
domestic water systems, irrigation systems, sanitary sewer
systems, and storm sewer systems. All powers granted to
public utility districts to acquire, construct, maintain, and
operate such systems may be exercised in the joint acquisition, construction, maintenance, and operation of such combined systems. The establishment, maintenance, and operation of the combined system shall be governed by the public
utility district statutes relating to one of the utility systems
that is being combined, as specified in the resolution combining the utility systems. [1987 c 18 § 1.]
54.16.310
54.16.310 Operation, maintenance, and inspection of
sewage disposal facilities, septic tanks, and wastewater
disposal facilities and systems—Maintenance costs. A
public utility district as authorized by a county board of
health, may perform operation and maintenance, including
inspections, of on-site sewage disposal facilities, alternate
sewage disposal facilities, approved septic tanks or approved
septic tank systems, other facilities and systems for the collection, interception, treatment, and disposal of wastewater,
and for the control and protection, preservation, and rehabilitation of surface and underground waters. Those costs associated with the maintenance of private on-site sewage systems
may be charged by the public utility district to the system
owner. [1990 c 107 § 1.]
54.16.320
54.16.320 Assumption of substandard water system—Limited immunity from liability. A public utility
district assuming responsibility for a water system that is not
in compliance with state or federal requirements for public
drinking water systems, and its agents and employees, are
immune from lawsuits or causes of action, based on noncompliance with state or federal requirements for public drinking
water systems, which predate the date of assuming responsibility and continue after the date of assuming responsibility,
provided that the public utility district has submitted and is
complying with a plan and schedule of improvements
approved by the department of health. This immunity shall
expire on the earlier of the date the plan of improvements is
completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries,
fraud, or bad faith. [1994 c 292 § 10.]
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
54.16.330
54.16.330 Telecommunications facilities—Purposes—Limitations—Provision of wholesale telecommunications services—Eminent domain. (1) A public utility
district in existence on June 8, 2000, may construct, purchase, acquire, develop, finance, lease, license, handle, provide, add to, contract for, interconnect, alter, improve, repair,
operate, and maintain any telecommunications facilities
within or without the district’s limits for the following purposes:
(a) For the district’s internal telecommunications needs;
and
(b) For the provision of wholesale telecommunications
services within the district and by contract with another public utility district.
(2006 Ed.)
Powers
Nothing in this subsection shall be construed to authorize
public utility districts to provide telecommunications services to end users.
(2) A public utility district providing wholesale telecommunications services shall ensure that rates, terms, and conditions for such services are not unduly or unreasonably discriminatory or preferential. Rates, terms, and conditions are
discriminatory or preferential when a public utility district
offering rates, terms, and conditions to an entity for wholesale telecommunications services does not offer substantially
similar rates, terms, and conditions to all other entities seeking substantially similar services.
(3) A public utility district providing wholesale telecommunications services shall not be required to but may establish a separate utility system or function for such purpose. In
either case, a public utility district providing wholesale telecommunications services shall separately account for any
revenues and expenditures for those services according to
standards established by the state auditor pursuant to its
authority in chapter 43.09 RCW and consistent with the provisions of this title. Any revenues received from the provision of wholesale telecommunications services must be dedicated to costs incurred to build and maintain any telecommunications facilities constructed, installed, or acquired to
provide such services, including payments on debt issued to
finance such services, until such time as any bonds or other
financing instruments executed after June 8, 2000, and used
to finance such telecommunications facilities are discharged
or retired.
(4) When a public utility district provides wholesale telecommunications services, all telecommunications services
rendered to the district for the district’s internal telecommunications needs shall be allocated or charged at its true and
full value. A public utility district may not charge its nontelecommunications operations rates that are preferential or discriminatory compared to those it charges entities purchasing
wholesale telecommunications services.
(5) A public utility district shall not exercise powers of
eminent domain to acquire telecommunications facilities or
contractual rights held by any other person or entity to telecommunications facilities.
(6) Except as otherwise specifically provided, a public
utility district may exercise any of the powers granted to it
under this title and other applicable laws in carrying out the
powers authorized under this section. Nothing in chapter 81,
Laws of 2000 limits any existing authority of a public utility
district under this title. [2004 c 158 § 1; 2000 c 81 § 3.]
Findings—2000 c 81: See note following RCW 53.08.005.
54.16.340
54.16.340 Wholesale telecommunications services—
Petition for review of rates, terms, conditions. (1) A person or entity that has requested wholesale telecommunications services from a public utility district providing wholesale telecommunications services under this chapter may
petition the commission under the procedures set forth in
RCW 80.04.110 (1) through (3) if it believes the district’s
rates, terms, and conditions are unduly or unreasonably discriminatory or preferential. The person or entity shall provide
the public utility district notice of its intent to petition the
commission and an opportunity to review within thirty days
(2006 Ed.)
54.16.370
the rates, terms, and conditions as applied to it prior to submitting its petition. In determining whether a district is providing discriminatory or preferential rates, terms, and conditions, the commission may consider such matters as service
quality, cost of service, technical feasibility of connection
points on the district’s facilities, time of response to service
requests, system capacity, and other matters reasonably
related to the provision of wholesale telecommunications services. If the commission, after notice and hearing, determines
that a public utility district’s rates, terms, and conditions are
unduly or unreasonably discriminatory or preferential, it shall
issue a final order finding noncompliance with this section
and setting forth the specific areas of apparent noncompliance. An order imposed under this section shall be enforceable in any court of competent jurisdiction.
(2) The commission may order a public utility district to
pay a share of the costs incurred by the commission in connection with adjudicating or enforcing the provisions of this
section.
(3) Without limiting other remedies at law or equity, the
commission and prevailing party may also seek injunctive
relief to compel compliance with an order.
(4) Nothing in this section shall be construed to affect the
commission’s authority and jurisdiction with respect to
actions, proceedings, or orders permitted or contemplated for
a state commission under the federal telecommunications act
of 1996, P.L. 104-104 (110 Stat. 56). [2000 c 81 § 5.]
Findings—2000 c 81: See note following RCW 53.08.005.
54.16.350
54.16.350 Tariff for irrigation pumping service—
Authority to buy back electricity. The commission may
approve a tariff for irrigation pumping service that allows the
district to buy back electricity from customers to reduce electricity usage by those customers during the district’s particular irrigation season. [2001 c 122 § 2.]
Effective date—2001 c 122: See note following RCW 80.28.310.
54.16.360
54.16.360 Cooperative watershed management. In
addition to the authority provided in RCW 54.16.030 relating
to water supply, a public utility district may participate in and
expend revenue on cooperative watershed management
actions, including watershed management partnerships under
RCW 39.34.210 and other intergovernmental agreements, for
purposes of water supply, water quality, and water resource
and habitat protection and management. [2003 c 327 § 14.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
54.16.370
54.16.370 Purchase of electric power and energy
from joint operating agency. A district may contract to purchase from a joint operating agency electric power and
energy required for its present or future requirements. For
projects the output of which is limited to qualified alternative
energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to
produce electricity in addition to the actual output of the
projects. The contract may provide that the district must
make the payments required by the contract whether or not a
project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction,
or curtailment of the output of a project or the power and
[Title 54 RCW—page 23]
54.16.380
Title 54 RCW: Public Utility Districts
energy contracted for. The contract may also provide that
payments under the contract are not subject to reduction,
whether by offset or otherwise, and shall not be conditioned
upon the performance or nonperformance of the joint operating agency or a city, town, or district under the contract or
other instrument. [2003 c 138 § 2.]
54.16.380
54.16.380 Appliance repair service—Operation by
district. Any public utility district that has operated an electrical appliance repair service for at least ten years prior to
July 24, 2005, may continue to operate an electrical appliance
repair service within its service territory. [2005 c 175 § 2.]
Intent—2005 c 175: "It is the intent of the legislature to avoid unnecessary hardships on the citizens of a community by recognizing the traditional appliance repair services that have been offered for many years by any
public utility district described in section 2 of this act.
The legislature understands that some of these services improve the
energy efficiency of the appliance repaired, which helps citizens save money
and energy as well as extending the life of the appliance.
The legislature recognizes these historic services coexist with the private sector without creating aggressive competition between public and private enterprises.
It is the intent of the legislature to have these services be financially
self-supporting and not be subsidized by any other customer rate structures.
Public utility districts affected by this act are encouraged to continue to
work collaboratively with the private sector in providing these services."
[2005 c 175 § 1.]
54.16.385
54.16.385 Appliance repair service—Requirements.
When a public utility district provides electrical appliance
repair services under RCW 54.16.380, the public utility district shall:
(1) Charge customers the true and fair cost for the services;
(2) Keep records documenting the revenues and expenditures for the services and make those records available to
the public; and
(3) Develop measures or benchmarks to track and evaluate the performance of the services. [2005 c 175 § 3.]
Intent—2005 c 175: See note following RCW 54.16.380.
Chapter 54.20
Chapter 54.20 RCW
CONDEMNATION PROCEEDINGS
made; the gross income received from the properties, betterments and improvements; the actual reasonable expense,
exclusive of depreciation, incurred in the operation thereof. If
the condemnee fails to serve and file the statement within fifteen days after service of the demand therefor, it may be compelled to do so by contempt proceedings, and the time during
which such proceedings are pending shall not be considered
in computing the time within which the district may exercise
its right of appropriation. After the statement is filed, the district may pay the amount of the verdict or judgment plus (1)
accrued interest thereon less the net income before allowance
for depreciation, and (2) the cost of such improvements and
betterments, all as shown by the sworn statement, and concurrently obtain its decree of appropriation. The condemnee
may retire from use after the verdict or judgment such items
of the properties as may be reasonably necessary in the ordinary and usual course of operation thereof, in which case it
shall show in its statement the reasonable value of such items
retired, and the district may deduct such value from the sum
otherwise payable by it. If the condemnee fails to file the
statement within fifteen days after service of the demand
therefor, the district at its option may pay the full amount of
the judgment or verdict plus accrued interest thereon and
concurrently obtain a decree of appropriation.
After payment has been made and the decree of appropriation entered as provided in this section, the district or the
condemnee shall be entitled to an accounting in the condemnation proceedings to determine the true amount of each item
required to be furnished in the above statement, and to payment of any balance found due in such accounting.
Whenever any such condemnation proceedings have
been, or hereafter may be abandoned, no new proceedings for
the acquisition of the same or substantially similar properties
shall be instituted until the expiration of one year from the
date of such abandonment, but such proceedings may be
instituted at any time thereafter. [1945 c 130 § 3; Rem. Supp.
1945 § 10459-13. Formerly RCW 54.20.010 through
54.20.050.]
Purpose—Severability—1945 c 130: See notes following RCW
54.04.100.
Chapter 54.24
Sections
54.20.010
Statement of operations—Decree of appropriation—Retirement of properties—Accounting—Limitation on new proceedings.
54.20.010
54.20.010 Statement of operations—Decree of appropriation—Retirement of properties—Accounting—Limitation on new proceedings. In any condemnation proceeding heretofore or hereafter instituted or conducted by a public
utility district for the acquisition of properties, the district
may serve upon the condemnee’s attorneys of record and file
with the court a notice of its intention to present a decree of
appropriation together with a demand for a verified statement
showing in reasonable detail the following information with
respect to the operation of the properties since the date of verdict, if the case was tried by jury, or since the date of the judgment fixing compensation, if the case was tried by the court,
namely: the cost of any improvements and betterments to the
properties which were reasonably necessary and prudently
[Title 54 RCW—page 24]
Chapter 54.24 RCW
FINANCES
Sections
GENERAL PROVISIONS
54.24.010
54.24.012
Treasurer—Bond—Duties—Funds—Depositaries.
Destruction of canceled or paid revenue obligations and interest coupons.
BONDS OR WARRANTS—1931 ACT
54.24.018
Acquisition of property—Adoption of plan—Bonds or warrants—Special funds.
BONDS—REVENUE OBLIGATIONS—1941 ACT
54.24.020
54.24.030
54.24.040
54.24.050
54.24.060
54.24.070
General obligation bonds, revenue obligations for cost of utilities.
Revenue obligations—Special fund—Form, term, payment,
etc.—Resolution of authority, contents—Contracts for
future sale.
Considerations in creating special fund—Status of claims
against fund—When lien attaches.
Covenants to secure owners of revenue obligations.
Sale, delivery of revenue obligations.
Prima facie validity of revenue obligations.
(2006 Ed.)
Finances
54.24.080
54.24.090
54.24.100
54.24.110
54.24.120
Rates and charges—Waiver of connection charges for lowincome persons.
Funding, refunding revenue obligations.
Execution of revenue obligations—Signatures.
Laws and resolutions as contract.
Obligations as lawful securities and investments.
LOCAL IMPROVEMENT GUARANTY FUND
54.24.200
54.24.210
54.24.220
54.24.230
54.24.240
54.24.250
54.24.260
Local improvement guaranty fund.
Local improvement guaranty fund—Duties of the district.
Local improvement guaranty fund—Warrants to meet liabilities.
Local improvement guaranty fund—Certificates of delinquency—Contents, purchase, payment, issuance, sale.
Local improvement guaranty fund—Certificates of delinquency—Redemption, foreclosure.
Local improvement guaranty fund—Subrogation of district as
trustee of fund, effect on fund, disposition of proceeds.
Local improvement guaranty fund—Rights and remedies of
bond or warrant holder which shall be printed on bond or
warrant—Disposition of balance of fund.
GENERAL PROVISIONS
54.24.010
54.24.010 Treasurer—Bond—Duties—Funds—
Depositaries. The treasurer of the county in which a utility
district is located shall be ex officio treasurer of the district:
PROVIDED, That the commission by resolution may designate some other person having experience in financial or fiscal matters as treasurer of the utility district. The commission
may require a bond, with a surety company authorized to do
business in the state of Washington, in an amount and under
the terms and conditions which the commission by resolution
from time to time finds will protect the district against loss.
The premium on any such bond shall be paid by the district.
All district funds shall be paid to the treasurer and shall
be disbursed by him only on warrants issued by an auditor
appointed by the commission, upon orders or vouchers
approved by it. The treasurer shall establish a public utility
district fund, into which shall be paid all district funds, and he
shall maintain such special funds as may be created by the
commission, into which he shall place all money as the commission may, by resolution, direct.
If the treasurer of the district is the treasurer of the
county all district funds shall be deposited with the county
depositaries under the same restrictions, contracts, and security as provided for county depositaries; if the treasurer of the
district is some other person, all funds shall be deposited in
such bank or banks authorized to do business in this state as
the commission by resolution shall designate, and with surety
bond to the district or securities in lieu thereof of the kind, no
less in amount, as provided in *RCW 36.48.020 for deposit
of county funds.
Such surety bond or securities in lieu thereof shall be
filed or deposited with the treasurer of the district, and
approved by resolution of the commission.
All interest collected on district funds shall belong to the
district and be deposited to its credit in the proper district
funds.
A district may provide and require a reasonable bond of
any other person handling moneys or securities of the district:
PROVIDED, That the district pays the premium thereon.
[1999 c 18 § 6; 1959 c 218 § 2; 1957 c 140 § 1; 1955 c 124 §
7. Prior: (i) 1931 c 1 § 9; RRS § 11613. (ii) 1931 c 1 § 8, part;
RRS § 11612, part.]
*Reviser’s note: RCW 36.48.020 was repealed by 1984 c 177 § 21.
(2006 Ed.)
54.24.018
54.24.012
54.24.012 Destruction of canceled or paid revenue
obligations and interest coupons. After any revenue obligations or interest coupons have been canceled or paid they
may be destroyed as directed by the district, any provisions of
chapter 40.14 RCW notwithstanding: PROVIDED, That a
certificate of destruction giving full descriptive reference to
the documents destroyed shall be made by the person or persons authorized to perform such destruction and one copy of
the certificate shall be filed with the treasurer of the district.
[1959 c 218 § 15.]
BONDS OR WARRANTS—1931 ACT
54.24.018
54.24.018 Acquisition of property—Adoption of
plan—Bonds or warrants—Special funds. (1) Whenever
the commission shall deem it advisable that the public utility
district purchase, purchase and condemn, acquire, or construct any such public utility, or make any additions or betterments thereto, or extensions thereof, the commission shall
provide therefor by resolution, which shall specify and adopt
the system or plan proposed, and declare the estimated cost
thereof, as near as may be, and specify whether general or
utility indebtedness is to be incurred, the amount of such
indebtedness, the amount of interest and the time in which all
general bonds (if any) shall be paid, not to exceed thirty
years. In the event the proposed general indebtedness to be
incurred will bring the nonvoter approved indebtedness of the
public utility district to an amount exceeding three-fourths of
one percent of the value of the taxable property of the public
utility district, as the term "value of the taxable property" is
defined in RCW 39.36.015, the proposition of incurring such
indebtedness and the proposed plan or system shall be submitted to the qualified electors of said public utility district
for their approval or rejection at the next general election held
in such public utility district. Elections shall be held as provided in RCW 39.36.050.
Whenever the commission (or a majority of the qualified
voters of such public utility district, voting at said election,
when it is necessary to submit the same to said voters) shall
have adopted a system or plan for any such public utility, as
aforesaid, and shall have authorized indebtedness therefor by
a three-fifths vote of the qualified voters of such district, voting at said election, general or public utility bonds may be
used as hereinafter provided. The principal and interest of
such general bonds shall be paid from the revenue of such
public utility district after deducting costs of maintenance,
operation, and expenses of the public utility district, and any
deficit in the payment of principal and interest of said general
bonds shall be paid by levying each year a tax upon the taxable property within said district sufficient to pay said interest and principal of said bonds, which tax shall be due and
collectible as any other tax. Said bonds shall be issued and
sold in accordance with chapter 39.46 RCW.
(2) All bonds and warrants issued under the authority of
this chapter shall be legal securities, which may be used by
any bank or trust company for deposit with the state treasurer,
or any county or city treasurer, as security for deposits, in lieu
of a surety bond, under any law relating to deposits of public
moneys.
(3) When the commission shall not desire to incur a general indebtedness in the purchase, condemnation and pur[Title 54 RCW—page 25]
54.24.020
Title 54 RCW: Public Utility Districts
chase, acquisition, or construction of any such public utility,
or addition or betterment thereto, or extension thereof, it shall
have the power to create a special fund or funds for the sole
purpose of defraying the cost of such public utility, or addition or betterment thereto, or extension thereof, into which
special fund or funds it may obligate and bind the district to
set aside and pay a fixed proportion of the gross revenues of
such public utility, or any fixed amount out of, and not
exceeding a fixed proportion of, such revenues, or a fixed
amount without regard to any fixed proportion, and to issue
and sell revenue bonds or warrants bearing interest at such
rate or rates, payable semiannually, executed in such manner,
and payable at such times and places as the commission shall
determine, but such bonds or warrants and the interest
thereon, shall be payable only out of such special fund or
funds. In creating any such special fund or funds, the commission shall have due regard to the cost of operation and
maintenance of the plant or system as constructed or added
to, and to any proportion or part of the revenues previously
pledged as a fund for the payment of bonds or warrants, and
shall not set aside into such special fund or funds a greater
amount or proportion of the revenues and proceeds than, in
its judgment, will be available over and above such cost of
maintenance and operation and the amount or proportion, if
any, of the revenues so previously pledged. Any such bonds
or warrants, and interest thereon, issued against any such
fund, as herein provided, shall be a valid claim of the owner
thereof only as against the said special fund and its fixed proportion or amount of the revenue pledged to such fund, and
shall not constitute an indebtedness of such district within the
meaning of the constitutional provisions and limitations.
Each such bond or warrant shall state on its face that it is payable from a special fund, naming such fund and the resolution
creating it. Said bonds and warrants shall be sold in such
manner as the commission shall deem for the best interests of
the district. The commission may provide in any contract for
the construction and acquisition of a proposed improvement
or utility that payment therefor shall be made only in such
bonds or warrants at the par value thereof. In all other
respects, the issuance of such utility bonds or warrants and
payment therefor shall be governed by the public utility laws
for cities and towns. The revenue or utility bonds or warrants
may be in any form, including bearer bonds or bearer warrants, or registered bonds or registered warrants as provided
in RCW 39.46.030.
(4) Notwithstanding subsection (3) of this section, any of
such revenue bonds and revenue warrants may be issued and
sold in accordance with chapter 39.46 RCW. [1984 c 186 §
45; 1983 c 167 § 146; 1971 c 12 § 1. Prior: 1970 ex.s. c 56 §
77; 1970 ex.s. c 42 § 33; 1969 ex.s. c 232 § 14; 1931 c 1 § 7;
RRS § 11611. Formerly RCW 54.24.130 through 54.24.160.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
Municipal utilities: Chapter 35.92 RCW.
[Title 54 RCW—page 26]
BONDS—REVENUE OBLIGATIONS—1941 ACT
54.24.020
54.24.020 General obligation bonds, revenue obligations for cost of utilities. Whenever the commission of a
public utility district, organized pursuant to chapter 1 of the
Laws of 1931 (sections 11605 et seq. of Remington’s
Revised Statutes) shall deem it advisable that the district purchase, purchase and condemn, acquire or construct any public utility, or make any additions or betterments thereto or
extensions thereof, the commission shall provide therefor by
resolution, which shall specify and adopt the system or plan
proposed and declare the estimated cost thereof, as near as
may be, including as part of such cost funds necessary for
working capital for the operation of such public utility by the
district and for the payment of the expenses incurred in the
acquisition or construction thereof, and shall specify whether
general obligation bonds or revenue obligations are to be
issued to defray such cost and the amount of such general
obligation bonds or revenue obligations.
The commissioners may provide in such resolution that
any additional works, plants, or facilities subsequently
acquired or constructed by the district for the same uses,
whether or not physically connected therewith, shall be
deemed additions or betterments to or extensions of such
public utility. [1959 c 218 § 3; 1941 c 182 § 1; Rem. Supp.
1941 § 11611-1.]
Severability—1941 c 182: "If any section or provision of this act shall
be adjudged to be invalid such adjudication shall not affect the validity of the
act as a whole or any section, provision or part thereof not adjudged to be
invalid." [1941 c 182 § 12.]
Revenue obligations defined: RCW 54.04.010.
54.24.030
54.24.030 Revenue obligations—Special fund—
Form, term, payment, etc.—Resolution of authority, contents—Contracts for future sale. (1) Whenever the commission shall deem it advisable to issue revenue obligations
for the purpose of defraying the cost or part of the cost of
such public utility or any additions or betterments thereto or
extensions thereof, it shall have power as a part of such plan
and system to create a special fund or funds for the purpose of
defraying the cost of such public utility, or additions or betterments thereto or extensions thereof, into which special
fund or funds it may obligate and bind the district to set aside
and pay a fixed proportion of the gross revenues of such public utility, and all additions or betterments thereto or extensions thereof, or any fixed amount out of, and not exceeding
a fixed proportion of such revenues, or a fixed amount without regard to any fixed proportion, or an amount of such revenues equal to a fixed percentage of the aggregate principal
amount of revenue obligations at any time issued against the
special fund or funds, and to issue and sell revenue obligations payable as to both principal and interest only out of such
fund or funds.
Such revenue obligations shall bear such date or dates,
mature at such time or times, be in such denominations, be in
such form, either coupon or registered, as provided in RCW
39.46.030, or both, carry such registration privileges, be
made transferable, exchangeable, and interchangeable, be
payable in such medium of payment, at such place or places,
and be subject to such terms of redemption as the commission
shall by resolution determine.
(2006 Ed.)
Finances
Any resolution or resolutions authorizing the issuance of
any revenue obligations maturing in not exceeding six years
from the date thereof (hereinafter in this section referred to as
"short term obligations") may contain, in addition to all other
provisions authorized by this title, and as an alternate method
for the payment thereof, provisions which shall be a part of
the contract with the holders of the short term obligations
thereby authorized as to:
(a) Refunding the short term obligations at or prior to
maturity and, if so provided, outstanding bonds by the issuance of revenue bonds of the district either by the sale of
bonds and application of the proceeds to the payment of the
short term obligations and outstanding bonds or by the
exchange of bonds for the short term obligations;
(b) Satisfying, paying, or discharging the short term obligations at the election of the district by the tender or delivery
of revenue bonds of the district in exchange therefor: PROVIDED, That the aggregate principal amount of bonds shall
not exceed by more than five percent the aggregate principal
amount of the short term obligations, to satisfy, pay, or discharge said short term obligations for which the bonds are
tendered or delivered;
(c) Exchanging or converting the short term obligations
at the election of the owner thereof for or into the bonds of the
district: PROVIDED, That the aggregate principal amount of
the bonds shall not exceed by more than five percent the
aggregate principal amount of the short term obligations to be
exchanged for or converted into bonds;
(d) Pledging bonds of the district as collateral to secure
payment of the short term obligations and providing for the
terms and conditions of the pledge and the manner of enforcing the pledge, which terms and conditions may provide for
the delivery of the bonds in satisfaction of the short term obligations: PROVIDED, That the aggregate principal amount
of the bonds pledged shall not exceed by more than five percent the aggregate principal amount of the short term obligations to secure said short term obligations for which they are
pledged;
(e) Depositing bonds in escrow or in trust with a trustee
or fiscal agent or otherwise providing for the issuance and
disposition of the bonds as security for carrying out any of the
provisions in any resolution adopted pursuant to this section
and providing for the powers and duties of the trustee, fiscal
agent, or other depositary and the terms and conditions upon
which the bonds are to be issued, held and disposed of;
(f) Any other matters of like or different character which
relate to any provision or provisions of any resolution
adopted pursuant to this section.
A district shall have power to make contracts for the
future sale from time to time of revenue obligations by which
the purchasers shall be committed to purchase such revenue
obligations from time to time on the terms and conditions
stated in such contract; and a district shall have power to pay
such consideration as it shall deem proper for such commitments.
(2) Notwithstanding subsection (1) of this section, such
revenue obligations may be issued and sold in accordance
with chapter 39.46 RCW. [1983 c 167 § 147; 1959 c 218 § 4;
1941 c 182 § 2; Rem. Supp. 1941 § 11611-2.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2006 Ed.)
54.24.050
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
54.24.040
54.24.040 Considerations in creating special fund—
Status of claims against fund—When lien attaches. In creating any special fund for the payment of revenue obligations, the commission shall have due regard to the cost of
operation and maintenance of the plant or system constructed
or added to, and to any proportion or amount of the revenues
previously pledged as a fund for the payment of revenue obligations, and shall not set aside into such special fund or funds
a greater amount or proportion of the revenues and proceeds
than in its judgment will be available over and above such
cost of maintenance and operation and the amount or proportion, if any, of the revenues so previously pledged. Any such
revenue obligations and interest thereon issued against any
such fund as herein provided shall be a valid claim of the
owner thereof only as against such special fund and the proportion or amount of the revenues pledged to such fund, but
shall constitute a prior charge over all other charges or claims
whatsoever, including the charge or lien of any general obligation bonds against such fund and the proportion or amount
of the revenues pledged thereto. Such revenue obligations
shall not constitute an indebtedness of such district within the
meaning of the constitutional provisions and limitations.
Each revenue obligation shall state on its face that it is payable from a special fund, naming such fund and the resolution
creating it, or shall describe such alternate method for the
payment thereof as shall be provided by the resolution authorizing same.
It is the intention hereof that any pledge of the revenues
or other moneys or obligations made by a district shall be
valid and binding from the time that the pledge is made; that
the revenues or other moneys or obligations so pledged and
thereafter received by a district shall immediately be subject
to the lien of such pledge without any physical delivery or
further act, and that the lien of any such pledge shall be valid
and binding as against any parties having claims of any kind
in tort, contract, or otherwise against a district irrespective of
whether such parties have notice thereof. Neither the resolution or other instrument by which a pledge is created need be
recorded. [1983 c 167 § 148; 1959 c 218 § 5; 1941 c 182 § 5;
Rem. Supp. 1941 § 11611-5.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
54.24.050
54.24.050 Covenants to secure owners of revenue
obligations. Any resolution creating any such special fund
or authorizing the issue of revenue obligations payable therefrom, or by such alternate method of payment as may be provided therein, shall specify the title of such revenue obligations as determined by the commission and may contain covenants by the district to protect and safeguard the security and
the rights of the owners thereof, including covenants as to,
among other things:
(1) The purpose or purposes to which the proceeds of
sale of such obligations may be applied and the use and disposition thereof;
(2) The use and disposition of the gross revenues of the
public utility, and any additions or betterments thereto or
[Title 54 RCW—page 27]
54.24.060
Title 54 RCW: Public Utility Districts
extensions thereof, the cost of which is to be defrayed with
such proceeds, including the creation and maintenance of
funds for working capital to be used in the operation of the
public utility and for renewals and replacements to the public
utility;
(3) The amount, if any, of additional revenue obligations
payable from such fund which may be issued and the terms
and conditions on which such additional revenue obligations
may be issued;
(4) The establishment and maintenance of adequate rates
and charges for electric energy, water, and other services,
facilities, and commodities sold, furnished, or supplied by the
public utility;
(5) The operation, maintenance, management, accounting, and auditing of the public utility;
(6) The terms and prices upon which such revenue obligations or any of them may be redeemed at the election of the
district;
(7) Limitations upon the right to dispose of such public
utility or any part thereof without providing for the payment
of the outstanding revenue obligations; and
(8) The appointment of trustees, depositaries, and paying
agents to receive, hold, disburse, invest, and reinvest all or
any part of the income, revenues, receipts, and profits derived
by the district from the operation, ownership, and management of its public utility. [1983 c 167 § 149; 1959 c 218 § 6;
1945 c 143 § 2; 1941 c 182 § 3; Rem. Supp. 1945 § 11611-3.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
54.24.060
54.24.060 Sale, delivery of revenue obligations. (1)
Such utility revenue obligations shall be sold and delivered in
such manner, at such rate or rates of interest and for such
price or prices and at such time or times as the commission
shall deem for the best interests of the district. The commission may, if it deem it to the best interest of the district, provide in any contract for the construction or acquisition of the
public utility, or the additions or betterments thereto or extensions thereof, that payment therefor shall be made only in
such revenue obligations at the par value thereof.
(2) Notwithstanding subsection (1) of this section, such
obligations may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 150; 1970 ex.s. c 56 § 78;
1969 ex.s. c 232 § 83; 1959 c 218 § 7; 1941 c 182 § 4; Rem.
Supp. 1941 § 11611-4.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Effective date—Purpose—1970 ex.s. c 56: See notes following RCW
39.44.030.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.44.030.
54.24.070
54.24.070 Prima facie validity of revenue obligations.
The state auditor need not register, certify, nor sign revenue
obligations after July 26, 1981. These obligations shall be
held in every action, suit, or proceeding in which their validity is or may be brought into question prima facie valid and
binding obligations of the districts in accordance with their
terms, notwithstanding any defects or irregularities in the
proceedings for the organization of the district and the election of the commissioners thereof or for the authorization and
[Title 54 RCW—page 28]
issuance of such revenue obligations or in the sale, execution,
or delivery thereof. [1981 c 37 § 1; 1959 c 218 § 8; 1941 c
182 § 6; Rem. Supp. 1941 § 11611-6.]
54.24.080
54.24.080 Rates and charges—Waiver of connection
charges for low-income persons. (1) The commission of
each district which shall have revenue obligations outstanding shall have the power and shall be required to establish,
maintain, and collect rates or charges for electric energy and
water and other services, facilities, and commodities sold,
furnished, or supplied by the district. The rates and charges
shall be fair and, except as authorized by RCW 74.38.070 and
by subsections (2) and (3) of this section, nondiscriminatory,
and shall be adequate to provide revenues sufficient for the
payment of the principal of and interest on such revenue obligations for which the payment has not otherwise been provided and all payments which the district is obligated to set
aside in any special fund or funds created for such purpose,
and for the proper operation and maintenance of the public
utility and all necessary repairs, replacements, and renewals
thereof.
(2) The commission of a district may waive connection
charges for properties purchased by low-income persons
from organizations exempt from tax under section 501(c)(3)
of the federal internal revenue code as amended prior to the
July 23, 1995. Waivers of connection charges for the same
class of electric or gas utility service must be uniformly
applied to all qualified property. Nothing in this subsection
(2) authorizes the impairment of a contract.
(3) In establishing rates or charges for water service,
commissioners may in their discretion consider the achievement of water conservation goals and the discouragement of
wasteful water use practices. [1995 c 140 § 3; 1991 c 347 §
21; 1959 c 218 § 9; 1941 c 182 § 7; Rem. Supp. 1941 §
11611-7.]
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
54.24.090
54.24.090 Funding, refunding revenue obligations.
Whenever any district shall have outstanding any utility revenue obligations, the commission shall have power by resolution to provide for the issuance of funding or refunding revenue obligations with which to take up and refund such outstanding revenue obligations or any part thereof at the
maturity thereof or before maturity if the same be by their
terms or by other agreement subject to call for prior redemption, with the right in the commission to include various
series and issues of such outstanding revenue obligations in a
single issue of funding or refunding revenue obligations, and
to issue refunding revenue obligations to pay any redemption
premium payable on the outstanding revenue obligations
being funded or refunded. Such funding or refunding revenue
obligations shall be payable only out of a special fund created
out of the gross revenues of such public utility, and shall only
be a valid claim as against such special fund and the amount
of the revenues of such utility pledged to such fund. Such
funding or refunding revenue obligations shall in the discretion of the commission be exchanged at par for the revenue
obligations which are being funded or refunded or shall be
sold in such manner, at such price and at such rate or rates of
(2006 Ed.)
Finances
interest as the commission shall deem for the best interest of
the district. Said funding or refunding [revenue] obligations
shall except as specifically provided in this section, be issued
in accordance with the provisions with respect to revenue
obligations in chapter 182, Laws of 1941 set forth. [1970
ex.s. c 56 § 79; 1969 ex.s. c 232 § 84; 1959 c 218 § 10; 1941
c 182 § 8; Rem. Supp. 1941 c 11611-8.]
Effective date—Purpose—1970 ex.s. c 56: See notes following RCW
39.44.030.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.44.030.
54.24.100
54.24.100 Execution of revenue obligations—Signatures. (1) All revenue obligations, including funding and
refunding revenue obligations, shall be executed in such
manner as the commission may determine: PROVIDED,
That warrants may be signed as provided in RCW 54.24.010.
Any interest coupons attached to any revenue obligations
may be executed with facsimile or lithographed signatures, or
otherwise, as the commission may determine.
(2) Notwithstanding subsection (1) of this section, such
obligations may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 151; 1981 c 37 § 2; 1959 c 218
§ 11; 1941 c 182 § 9; Rem. Supp. 1941 § 11611-9.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Facsimile signatures: RCW 39.44.100 through 39.44.102; chapter 39.62
RCW.
54.24.110
54.24.110 Laws and resolutions as contract. The provisions of chapter 182, Laws of 1941 and the provisions of
chapter 1, Laws of 1931, not hereby superseded, and of any
resolution or resolutions providing for the issuance of any
revenue obligations as herein set forth shall constitute a contract with the holder or holders of such revenue obligations
and the agreements and covenants of the district and its commission under said acts and any such resolution or resolutions
shall be enforceable by any revenue obligation holder by
mandamus or any other appropriate suit or action in any court
of competent jurisdiction. [1959 c 218 § 12; 1941 c 182 § 10;
Rem. Supp. 1941 § 11611-10.]
Mandamus: RCW 7.16.150 through 7.16.280.
54.24.120
54.24.120 Obligations as lawful securities and investments. All bonds, warrants, and revenue obligations issued
under the authority of chapter 1, Laws of 1931 and chapter
182, Laws of 1941 shall be legal securities, which may be
used by any bank or trust company for deposit with the state
treasurer, or any county, city, or town treasurer, as security
for deposits in lieu of a surety bond under any law relating to
deposits of public moneys and shall constitute legal investments for trustees and other fiduciaries other than corporations doing a trust business in this state and for savings and
loan associations, banks, and insurance companies doing
business in this state. All such bonds, warrants, and revenue
obligations and all coupons appertaining thereto shall be
negotiable instruments within the meaning of and for all purposes of the negotiable instruments law of this state. [1959 c
218 § 13; 1941 c 182 § 11; Rem. Supp. 1941 § 11611-11.]
Investment securities: Article 62A.8 RCW.
(2006 Ed.)
54.24.200
LOCAL IMPROVEMENT GUARANTY FUND
54.24.200
54.24.200 Local improvement guaranty fund. Every
public utility district in the state is hereby authorized, by resolution, to create a fund for the purpose of guaranteeing, to
the extent of such fund, and in the manner hereinafter provided, the payment of such of its local improvement bonds
and/or warrants as the commission may determine issued to
pay for any local improvement within any local utility district
established within the boundaries of the public utility district.
Such fund shall be designated "local improvement guaranty
fund, public utility district No. . . . .". For the purpose of
maintaining such fund the public utility district shall set aside
and pay into it such proportion as the commissioners may
direct by resolution of the monthly gross revenues of its public utilities for which local improvement bonds and/or warrants have been issued and guaranteed by said fund: PROVIDED, HOWEVER, That any obligation to make payments
into said fund as herein provided shall be junior to any pledge
of said gross revenues for the payment of any outstanding or
future general obligation bonds or revenue bonds of the district. The proportion may be varied from time to time as the
commissioners deem expedient: PROVIDED, FURTHER,
That under the existence of the conditions set forth in subdivisions (1) and (2), hereunder, and when consistent with the
covenants of a public utility district securing its bonds, the
proportion shall be as therein specified, to wit:
(1) When bonds and/or warrants of a local utility district
have been guaranteed and are outstanding and the guaranty
fund does not have a cash balance equal to twenty percent of
all bonds and/or warrants originally guaranteed hereunder,
excluding bonds and/or warrants which have been retired in
full, then twenty percent of the gross monthly revenues from
each public utility for which such bonds and/or warrants have
been issued and are outstanding but not necessarily from
users in other parts of the public utility district as a whole,
shall be set aside and paid into the guaranty fund: PROVIDED, That when, under the requirements of this subdivision, the cash balance accumulates so that it is equal to
twenty percent of the total original guaranteed bonds and/or
warrants, exclusive of any issue of bonds and/or warrants of
a local utility district which issue has been paid and/or
redeemed in full, or equal to the full amount of all bonds
and/or warrants guaranteed, outstanding and unpaid, which
amount might be less than twenty percent of the original total
guaranteed, then no further revenue need be set aside and
paid into the guaranty fund so long as such condition continues;
(2) When warrants issued against the guaranty fund
remain outstanding and uncalled, for lack of funds, for six
months from date of issuance, or when bonds, warrants, or
any coupons or interest payments guaranteed hereunder have
been matured for six months and have not been redeemed,
then twenty percent of the gross monthly revenue, or such
portion thereof as the commissioners determine will be sufficient to retire the warrants or redeem the coupons, interest
payments, bonds and/or warrants in the ensuing six months,
derived from all the users of the public utilities for which
such bonds and/or warrants have been issued and are outstanding in whole or in part, shall be set aside and paid into
the guaranty fund: PROVIDED, That when under the
[Title 54 RCW—page 29]
54.24.210
Title 54 RCW: Public Utility Districts
requirements of this subdivision all warrants, coupons, bonds
and/or warrants specified in this subdivision have been
redeemed and interest payments made, no further income
need be set aside and paid into the guaranty fund under the
requirements of this subdivision unless other warrants remain
outstanding and unpaid for six months or other coupons,
bonds and/or warrants default or interest payments are not
made: PROVIDED, FURTHER, HOWEVER, That no more
than a total of twenty percent of the gross monthly revenue
shall be required to be set aside and paid into the guaranty
fund by these subdivisions (1) and (2). [1983 c 167 § 152;
1957 c 150 § 1.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Local utility districts: RCW 54.16.120.
54.24.210 Local improvement guaranty fund—
Duties of the district. To comply with the requirements of
setting aside and paying into the local improvement guaranty
fund a proportion of the monthly gross revenues of the public
utilities of a district, for which guaranteed local improvement
bonds and/or warrants have been issued and are outstanding,
the district shall bind and obligate itself so long as economically feasible to maintain and operate the utilities and establish, maintain and collect such rates for water and/or electric
energy, as the case may be, as will produce gross revenues
sufficient to maintain and operate the utilities, and make necessary provision for the guaranty fund. The district shall alter
its rates for water and/or electric energy, as the case may be,
from time to time and shall vary them in different portions of
its territory to comply with such requirements. [1957 c 150 §
2.]
54.24.210
54.24.220 Local improvement guaranty fund—Warrants to meet liabilities. When a bond, warrant, or any coupon or interest payment guaranteed by the guaranty fund
matures and there are not sufficient funds in the local utility
district bond redemption fund to pay it, the county treasurer
shall pay it from the local improvement guaranty fund of the
public utility district; if there are not sufficient funds in the
guaranty fund to pay it, it may be paid by issuance and delivery of a warrant upon the local improvement guaranty fund.
When the cash balance in the local improvement guaranty fund is insufficient for the required purposes, warrants
drawing interest at a rate determined by the commission may
be issued by the district auditor, against the fund to meet any
liability accrued against it and shall issue them upon demand
of the owners of any matured coupons, bonds, interest payments, and/or warrants guaranteed hereby, or to pay for any
certificate of delinquency for delinquent installments of
assessments as provided hereinafter. Guaranty fund warrants
shall be a first lien in their order of issuance upon the guaranty fund. [1983 c 167 § 153; 1981 c 156 § 19; 1957 c 150 §
3.]
54.24.220
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
54.24.230 Local improvement guaranty fund—Certificates of delinquency—Contents, purchase, payment,
issuance, sale. Within twenty days after the date of delinquency of any annual installment of assessments levied for
54.24.230
[Title 54 RCW—page 30]
the purpose of paying the local improvement bonds and/or
warrants of a district guaranteed hereunder, the county treasurer shall compile a statement of all installments delinquent
together with the amount of accrued interest and penalty
appurtenant to each installment, and shall forthwith purchase,
for the district, certificates of delinquency for all such delinquent installments. Payment for the certificates shall be made
from the local improvement guaranty fund and if there is not
sufficient money in that fund to pay for the certificates, the
county treasurer shall accept the local improvement guaranty
fund warrants in payment therefor. All certificates shall be
issued in the name of the local improvement guaranty fund
and all guaranty fund warrants issued in payment therefor
shall be issued in the name of the appropriate local utility district fund. When a market is available and the commissioners
direct, the county treasurer shall sell any certificates belonging to the local improvement guaranty fund, for not less than
face value thereof plus accrued interest from date of issuance
to date of sale.
The certificates shall be issued by the county treasurer,
shall bear interest at the rate of ten percent per year, shall
each be for the face value of the delinquent installment, plus
accrued interest to date of issuance, plus a penalty of five percent of the face value, and shall set forth the:
(1) Description of property assessed;
(2) Date the installment of assessment became delinquent; and
(3) Name of the owner or reputed owner, if known.
[1957 c 150 § 4.]
54.24.240
54.24.240 Local improvement guaranty fund—Certificates of delinquency—Redemption, foreclosure. The
certificates of delinquency may be redeemed by the owner of
the property assessed at any time up to two years from the
date of foreclosure of the certificate.
If a certificate is not redeemed on the second occurring
first day of January, after its issuance, the county treasurer
shall foreclose the certificate in the manner specified for the
foreclosure of the lien of local improvement assessments in
cities, and if no redemption is made within the succeeding
two years, from date of the decree of foreclosure, shall execute and deliver unto the public utility district, as trustee for
the fund, a deed conveying fee simple title to the property
described in the foreclosed certificate. [1957 c 150 § 5.]
54.24.250
54.24.250 Local improvement guaranty fund—Subrogation of district as trustee of fund, effect on fund, disposition of proceeds. When there is paid out of a guaranty
fund any sum on the principal or interest upon local improvement bonds, and/or warrants, or on the purchase of certificates of delinquency, the public utility district, as trustee, for
the fund, shall be subrogated to all rights of the owner of the
bonds, and/or warrants, any interest coupons, or delinquent
assessment installments so paid; and the proceeds thereof, or
of the assessment underlying them, shall become a part of the
guaranty fund. There shall also be paid into the guaranty fund
the interest received from the bank deposits of the fund, as
well as any surplus remaining in the local utility district funds
guaranteed hereunder, after the payment of all outstanding
bonds and/or warrants payable primarily out of such local
(2006 Ed.)
Privilege Taxes
utility district funds. As among the several issues of bonds
and/or warrants guaranteed by the fund, no preference shall
exist, but defaulted interest coupons and bonds and/or warrants shall be purchased out of the fund in the order of their
presentation.
The commissioners shall prescribe, by resolution, appropriate rules for the guaranty fund consistent herewith. So
much of the money of a guaranty fund as is necessary and not
required for other purposes hereunder may be used to purchase property at county tax foreclosure sales or from the
county after foreclosure in cases where the property is subject
to unpaid local improvement assessments securing bonds
and/or warrants guaranteed hereunder and such purchase is
deemed necessary for the purpose of protecting the guaranty
fund. In such cases the funds shall be subrogated to all rights
of the district. After so acquiring title to real property, the district may lease or resell and convey it in the same manner that
county property may be leased or resold and for such prices
and on such terms as may be determined by resolution of the
commissioners. All proceeds resulting from such resales
shall belong to and be paid into the guaranty fund. [1983 c
167 § 154; 1957 c 150 § 6.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
54.24.260
54.24.260 Local improvement guaranty fund—
Rights and remedies of bond or warrant holder which
shall be printed on bond or warrant—Disposition of balance of fund. Neither the holder nor the owner of local
improvement bonds and/or warrants guaranteed hereunder
shall have a claim therefor against the public utility district,
except for payment from the special assessment made for the
improvement for which the bonds and/or warrants were
issued, and except as against the guaranty fund. The district
shall not be liable to any holder or owner of such local
improvement bonds and/or warrants for any loss to the guaranty fund occurring in the lawful operation thereof by the district. The remedy of the holder of a local improvement bond
and/or warrant shall be confined to the enforcement of the
assessment and to the guaranty fund. A copy of the foregoing
part of this section shall be plainly written, printed, or
engraved on each local improvement bond and/or warrant
guaranteed hereby. The establishment of a guaranty fund
shall not be deemed at variance from any comprehensive plan
heretofore adopted by a district.
If a guaranty fund at any time has balance therein in
cash, and the obligations guaranteed thereby have all been
paid off, the balance may be transferred to such other fund of
the district as the commissioners shall, by resolution, direct.
[1957 c 150 § 7.]
54.28.050
54.28.055
54.28.060
54.28.070
54.28.080
54.28.090
54.28.100
54.28.110
54.28.120
54.28.020
Distribution of tax.
Distribution of tax proceeds from thermal electric generating
facilities.
Interest.
Municipal taxes—May be passed on.
Additional tax for payment on bonded indebtedness of school
districts.
Deposit of funds to credit of certain taxing districts.
Use of moneys received by taxing district.
Voluntary payments by district to taxing entity for removal of
property from tax rolls.
Amount of tax if district acquires electric utility property from
public service company.
Special benefit assessments—Property taxes—Exemptions: RCW 84.34.300
through 84.34.380.
54.28.010
54.28.010 Definitions. As used in this chapter:
(1) "Operating property" means all of the property utilized by a public utility district in the operation of a plant or
system for the generation, transmission, or distribution of
electric energy for sale;
(2) "Taxing districts" means counties, cities, towns,
school districts, and road districts;
(3) "Distributes to consumers" means the sale of electric
energy to ultimate consumers thereof, and does not include
sales of electric energy for resale by the purchaser;
(4) "Wholesale value" means all costs of a public utility
district associated with the generation and transmission of
energy from its own generation and transmission system to
the point or points of inter-connection with a distribution system owned and used by a district to distribute such energy to
consumers, or in the event a distribution system owned by a
district is not used to distribute such energy, then the term
means the gross revenues derived by a district from the sale
of such energy to consumers;
(5) "Thermal electric generating facility" means a steampowered electrical energy producing facility utilizing nuclear
or fossil fuels;
(6) "Placed in operation" means delivery of energy into a
transmission or distribution system for use or sale in such a
manner as to establish a value accruing to the power plant
operator, except operation incidental to testing or startup
adjustments;
(7) "Impacted area" for a thermal electric generating
facility on a federal reservation means that area in the state
lying within thirty-five statute miles of the most commonly
used entrance of the federal reservation and which is south of
the southern boundary of township fifteen north. [1977 ex.s.
c 366 § 1; 1967 ex.s. c 26 § 22; 1959 c 274 § 1; 1957 c 278 §
7. Prior: (i) 1941 c 245 § 1, part; Rem. Supp. 1941 § 116161, part. (ii) 1949 c 227 § 1(f); Rem. Supp. 1949 § 11616-2(f).]
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
54.28.011
Chapter 54.28
Chapter 54.28 RCW
PRIVILEGE TAXES
Sections
54.28.010
54.28.011
54.28.020
54.28.025
54.28.030
54.28.040
(2006 Ed.)
Definitions.
"Gross revenue" defined.
Tax imposed—Rates—Additional tax imposed.
Tax imposed with respect to thermal electric generating facilities—Rate—Additional tax imposed.
Districts’ report to department of revenue.
Tax computed—Payment—Penalties—Disposition.
54.28.011 "Gross revenue" defined. "Gross revenue"
shall mean the amount received from the sale of electric
energy excluding any tax levied by a municipal corporation
upon the district pursuant to RCW 54.28.070. [1957 c 278 §
12.]
54.28.020
54.28.020 Tax imposed—Rates—Additional tax
imposed. (1) There is hereby levied and there shall be collected from every district a tax for the act or privilege of
engaging within this state in the business of operating works,
plants or facilities for the generation, distribution and sale of
[Title 54 RCW—page 31]
54.28.025
Title 54 RCW: Public Utility Districts
electric energy. With respect to each such district, except
with respect to thermal electric generating facilities taxed
under RCW 54.28.025, such tax shall be the sum of the following amounts: (a) Two percent of the gross revenues
derived by the district from the sale of all electric energy
which it distributes to consumers who are served by a distribution system owned by the district; (b) five percent of the
first four mills per kilowatt-hour of wholesale value of selfgenerated energy distributed to consumers by a district; (c)
five percent of the first four mills per kilowatt-hour of revenue obtained by the district from the sale of self-generated
energy for resale.
(2) An additional tax is imposed equal to the rate specified in RCW 82.02.030 multiplied by the tax payable under
subsection (1) of this section. [1983 2nd ex.s. c 3 § 8; 1982
1st ex.s. c 35 § 18; 1977 ex.s. c 366 § 2; 1959 c 274 § 2; 1957
c 278 § 2. Prior: 1949 c 227 § 1(a); 1947 c 259 § 1(a); 1941
c 245 § 2(a); Rem. Supp. 1949 § 11616-2(a).]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Severability—1947 c 259: "If any section, subsection, clause, sentence
or phrase of this act be for any reason adjudged unconstitutional, such adjudication shall not invalidate the remaining portions of this act, and the legislature hereby declares that it would have enacted this act notwithstanding the
omission of the portion so adjudicated invalid." [1947 c 259 § 2.]
54.28.025
facilities subject to taxation by a district from its own generating facilities, the wholesale value thereof, and the basis on
which the value is computed; (4) the total cost of all generating facilities and the cost of acquisition of land and land
rights for such facilities or for reservoir purposes in each
county; and (5) such other and further information as the
department of revenue reasonably may require in order to
administer the provisions of this chapter. In case of failure by
a district to file such report, the department may proceed to
determine the information, which determination shall be contestable by the district only for actual fraud. [1977 ex.s. c 366
§ 3; 1975 1st ex.s. c 278 § 30; 1959 c 274 § 3; 1957 c 278 §
3. Prior: 1949 c 227 § 1(b); 1947 c 259 § 1(b); 1941 c 245 §
2(b); Rem. Supp. 1949 § 11616-2(b).]
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
54.28.040
54.28.040 Tax computed—Payment—Penalties—
Disposition. (1) Before May 1st, the department of revenue
shall compute the tax imposed by this chapter for the last preceding calendar year and notify the district of the amount
thereof, which shall be payable on or before the following
June 1st.
(2) If payment of any tax is not received by the department on or before the due date, there shall be assessed a penalty of five percent of the amount of the tax; if the tax is not
received within one month of the due date, there shall be
assessed a total penalty of ten percent of the amount of the
tax; and if the tax is not received within two months of the
due date, there shall be assessed a total penalty of twenty percent of the amount of the tax.
(3) Upon receipt of the amount of each tax imposed the
department of revenue shall deposit the same with the state
treasurer, who shall deposit four percent of the revenues
received under RCW 54.28.020(1) and 54.28.025(1) and all
revenues received under RCW 54.28.020(2) and
54.28.025(2) in the general fund of the state and shall distribute the remainder in the manner hereinafter set forth. The
state treasurer shall send a duplicate copy of each transmittal
to the department of revenue. [1996 c 149 § 16; 1982 1st
ex.s. c 35 § 20; 1975 1st ex.s. c 278 § 31; 1957 c 278 § 4.
Prior: 1949 c 227 § 1(c); 1947 c 259 § 1(c); 1941 c 245 §
2(c); Rem. Supp. 1949 § 11616-2(c).]
54.28.025 Tax imposed with respect to thermal electric generating facilities—Rate—Additional tax imposed.
(1) There is hereby levied and there shall be collected from
every district operating a thermal electric generating facility,
as defined in RCW 54.28.010 as now or hereafter amended,
having a design capacity of two hundred fifty thousand kilowatts or more, located on a federal reservation, which is
placed in operation after September 21, 1977, a tax for the act
or privilege of engaging within the state in the business of
generating electricity for use or sale, equal to one and onehalf percent of wholesale value of energy produced for use or
sale, except energy used in the operation of component parts
of the power plant and associated transmission facilities
under control of the person operating the power plant.
(2) An additional tax is imposed equal to the rate specified in RCW 82.02.030 multiplied by the tax payable under
subsection (1) of this section. [1983 2nd ex.s. c 3 § 9; 1982
1st ex.s. c 35 § 19; 1977 ex.s. c 366 § 6.]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
54.28.030
54.28.030 Districts’ report to department of revenue.
On or before the fifteenth day of March of each year, each
district subject to this tax shall file with the department of
revenue a report verified by the affidavit of its manager or
secretary on forms prescribed by the department of revenue.
Such report shall state (1) the gross revenues derived by the
district from the sale of all distributed energy to consumers
and the respective amounts derived from such sales within
each county; (2) the gross revenues derived by the district
from the sale of self-generated energy for resale; (3) the
amount of all generated energy distributed from each of the
[Title 54 RCW—page 32]
54.28.050
54.28.050 Distribution of tax. After computing the tax
imposed by RCW 54.28.020(1), the department of revenue
shall instruct the state treasurer, after placing thirty-seven and
six-tenths percent in the state general fund to be dedicated for
the benefit of the public schools, to distribute the balance collected under RCW 54.28.020(1)(a) to each county in proportion to the gross revenue from sales made within each county;
and to distribute the balance collected under RCW
54.28.020(1) (b) and (c) as follows: If the entire generating
facility, including reservoir, if any, is in a single county then
all of the balance to the county where such generating facility
(2006 Ed.)
Privilege Taxes
is located. If any reservoir is in more than one county, then to
each county in which the reservoir or any portion thereof is
located a percentage equal to the percentage determined by
dividing the total cost of the generating facilities, including
adjacent switching facilities, into twice the cost of land and
land rights acquired for any reservoir within each county,
land and land rights to be defined the same as used by the federal power commission. If the powerhouse and dam, if any, in
connection with such reservoir are in more than one county,
the balance shall be divided sixty percent to the county in
which the owning district is located and forty percent to the
other county or counties or if said powerhouse and dam, if
any, are owned by a joint operating agency organized under
chapter 43.52 RCW, or by more than one district or are outside the county of the owning district, then to be divided
equally between the counties in which such facilities are
located. If all of the powerhouse and dam, if any, are in one
county, then the balance shall be distributed to the county in
which the facilities are located.
The provisions of this section shall not apply to the distribution of taxes collected under RCW 54.28.025. [1982 1st
ex.s. c 35 § 21; 1980 c 154 § 8; 1977 ex.s. c 366 § 4; 1975 1st
ex.s. c 278 § 32; 1959 c 274 § 4; 1957 c 278 § 5. Prior: 1949
c 227 § 1(d); 1947 c 259 § 1(d); 1941 c 245 § 2(d); Rem.
Supp. 1949 § 11616-2(d).]
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Effective date—1959 c 274: "The effective date of section 4 of this
1959 amendatory act shall be January 1, 1960." [1959 c 274 § 6.]
54.28.055
54.28.055 Distribution of tax proceeds from thermal
electric generating facilities. (1) After computing the tax
imposed by RCW 54.28.025(1), the department of revenue
shall instruct the state treasurer to distribute the amount collected as follows:
(a) Fifty percent to the state general fund for the support
of schools; and
(b) Twenty-two percent to the counties, twenty-three
percent to the cities, three percent to the fire protection districts, and two percent to the library districts.
(2) Each county, city, fire protection district and library
district shall receive a percentage of the amount for distribution to counties, cities, fire protection districts and library districts, respectively, in the proportion that the population of
such district residing within the impacted area bears to the
total population of all such districts residing within the
impacted area. For the purposes of this chapter, the term
"library district" includes only regional libraries as defined in
RCW 27.12.010(4), rural county library districts as defined in
RCW 27.12.010(5), intercounty rural library districts as
defined in RCW 27.12.010(6), and island library districts as
defined in RCW 27.12.010(7). The population of a library
district, for purposes of such a distribution, shall not include
any population within the library district and the impact area
that also is located within a city or town.
(2006 Ed.)
54.28.080
(3) If any distribution pursuant to subsection (1)(b) of
this section cannot be made, then that share shall be prorated
among the state and remaining local districts.
(4) All distributions directed by this section to be made
on the basis of population shall be calculated in accordance
with data to be provided by the office of financial management. [1986 c 189 § 1; 1982 1st ex.s. c 35 § 22; 1979 c 151 §
165; 1977 ex.s. c 366 § 7.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
54.28.060
54.28.060 Interest. Interest at the rate as computed
under RCW 82.32.050(2) shall be added to the tax hereby
imposed from the due date until the date of payment. The tax
shall constitute a debt to the state and may be collected as
such. [1996 c 149 § 12; 1957 c 278 § 6. Prior: 1949 c 227 §
1(e); 1947 c 259 § 1(e); 1941 c 245 § 2(e); Rem. Supp. 1949
§ 11616-2(e).]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
54.28.070
54.28.070 Municipal taxes—May be passed on. Any
city or town in which a public utility district operates works,
plants or facilities for the distribution and sale of electricity
shall have the power to levy and collect from such district a
tax on the gross revenues derived by such district from the
sale of electricity within the city or town, exclusive of the
revenues derived from the sale of electricity for purposes of
resale. Such tax when levied shall be a debt of the district, and
may be collected as such. Any such district shall have the
power to add the amount of such tax to the rates or charges it
makes for electricity so sold within the limits of such city or
town. [1941 c 245 § 3; Rem. Supp. 1941 § 11616-3.]
54.28.080
54.28.080 Additional tax for payment on bonded
indebtedness of school districts. Whenever any district
acquires an operating property from any private person, firm,
or corporation and a portion of the operating property is situated within the boundaries of any school district and at the
time of such acquisition there is an outstanding bonded
indebtedness of the school district, then the public utility district shall, in addition to the tax imposed by this chapter, pay
directly to the school district a proportion of all subsequent
payments by the school district of principal and interest on
said bonded indebtedness, said additional payments to be
computed and paid as follows: The amount of principal and
interest required to be paid by the school district shall be multiplied by the percentage which the assessed value of the
property acquired bore to the assessed value of the total property in the school district at the time of such acquisition. Such
additional amounts shall be paid by the public utility district
to the school district not less than fifteen days prior to the date
that such principal and interest payments are required to be
paid by the school district. In addition, any public utility district which acquires from any private person, firm, or corporation an operating property situated within a school district,
is authorized to make voluntary payments to such school district for the use and benefit of the school district. [1957 c 278
§ 8. Prior: 1949 c 227 § 1(g); 1941 c 245 § 2; Rem. Supp.
1949 § 11616-2(g).]
[Title 54 RCW—page 33]
54.28.090
Title 54 RCW: Public Utility Districts
54.28.090 Deposit of funds to credit of certain taxing
districts. The county legislative authority of each county
shall direct the county treasurer to deposit funds to the credit
of each taxing district in the county, other than school districts, according to the manner they deem most equitable;
except not less than an amount equal to three-fourths of one
percent of the gross revenues obtained by a district from the
sale of electric energy within any incorporated city or town
shall be remitted to such city or town. Information furnished
by the district to the county legislative authority shall be the
basis for the determination of the amount to be paid to such
cities or towns.
The provisions of this section shall not apply to the distribution of taxes collected under RCW 54.28.025. [1980 c
154 § 9; 1977 ex.s. c 366 § 5; 1957 c 278 § 10.]
54.28.090
to purchasers of electric energy are reduced, the amount of
privilege tax required under this section shall be proportionately reduced. [1957 c 278 § 14.]
Chapter 54.32
Chapter 54.32 RCW
CONSOLIDATION AND ANNEXATION
Sections
54.32.001
54.32.010
54.32.040
Actions subject to review by boundary review board.
Consolidation of districts—Property taxed—Boundaries
enlarged.
Right of county-wide utility district to acquire distribution
properties.
Annexation of territory: RCW 54.04.035.
54.32.001
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
54.28.100 Use of moneys received by taxing district.
All moneys received by any taxing district shall be used for
purposes for which state taxes may be used under the provisions of the state constitution. [1957 c 278 § 11.]
54.28.100
Revenue and taxation: State Constitution Art. 7.
54.28.110
54.28.110 Voluntary payments by district to taxing
entity for removal of property from tax rolls. Whenever,
hereafter, property is removed from the tax rolls as a result of
the acquisition of operating property or the construction of a
generating plant by a public utility district, such public utility
district may make voluntary payments to any municipal corporation or other entity authorized to levy and collect taxes in
an amount not to exceed the amount of tax revenues being
received by such municipal corporation or other entity at the
time of said acquisition or said construction and which are
lost by such municipal corporation or other entity as a result
of the acquisition of operating property or the construction of
a generating plant by the public utility district: PROVIDED,
That this section shall not apply to taxing districts as defined
in RCW 54.28.010, and: PROVIDED FURTHER, That in
the event any operating property so removed from the tax
rolls is dismantled or partially dismantled the payment which
may be paid hereunder shall be correspondingly reduced.
[1957 c 278 § 13.]
54.28.120 Amount of tax if district acquires electric
utility property from public service company. In the event
any district hereafter purchases or otherwise acquires electric
utility properties comprising all or a portion of an electric
generation and/or distribution system from a public service
company, as defined in RCW 80.04.010, the total amount of
privilege taxes imposed under chapter 278, Laws of 1957 to
be paid by the district annually on the combined operating
property within each county where such utility property is
located, irrespective of any other basis of levy contained in
this chapter, will be not less than the combined total of the ad
valorem taxes, based on regular levies, last levied against the
electric utility property constituting the system so purchased
or acquired plus the taxes paid by the district for the same
year on the revenues of other operating property in the same
county under terms of this chapter. If all or any portion of the
property so acquired is subsequently sold, or if rates charged
54.28.120
[Title 54 RCW—page 34]
54.32.001 Actions subject to review by boundary
review board. Actions taken under chapter 54.32 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 49.]
54.32.010
54.32.010 Consolidation of districts—Property
taxed—Boundaries enlarged. Two or more contiguous
public utility districts may become consolidated into one
public utility district after proceedings had as required by
*sections 8909, 8910 and 8911, of Remington’s Compiled
Statutes of Washington, PROVIDED, That a ten percent petition shall be sufficient; and public utility districts shall be
held to be municipal corporations within the meaning of said
sections, and the commission shall be held to be the legislative body of the public utility district as the term legislative
body is used in said sections: PROVIDED, That any such
consolidation shall in nowise affect or impair the title to any
property owned or held by any such public utility district, or
in trust therefor, or any debts, demands, liabilities or obligations existing in favor of or against either of the districts so
consolidated, or any proceeding then pending: PROVIDED,
FURTHER, That no property within either of the former public utility districts shall ever be taxed to pay any of the indebtedness of either of the other such former districts.
The boundaries of any public utility district may be
enlarged and new territory included therein, after proceedings had as required by **section 8894 of Remington’s Compiled Statutes of Washington: PROVIDED, That a ten percent petition shall be sufficient; and public utility districts
shall be held to be municipal corporations within the meaning
of said section, and the commission shall be held to be the
legislative body of the public utility district: PROVIDED,
That no property within such territory so annexed shall ever
be taxed to pay any portion of any indebtedness of such public utility district contracted prior to or existing at the date of
such annexation.
In all cases wherein public utility districts of less area
than an entire county desire to be consolidated with a public
utility district including an entire county, and in all cases
wherein it is desired to enlarge a public utility district including an entire county, by annexing a lesser area than an entire
county, no election shall be required to be held in the district
including an entire county. [1931 c 1 § 10; RRS § 11614.
Formerly RCW 54.32.010 through 54.32.030.]
Reviser’s note: *(1) Rem. Comp. Stat. §§8909, 8910, and 8911 relating
to the consolidation of municipal corporations had been repealed and reen(2006 Ed.)
Liability to Other Taxing Districts
acted by 1929 c 64 at the time the above section was enacted. 1929 c 64 was
compiled as RRS § 8909-1 through 8909-12; see chapter 35.10 RCW.
**(2) Rem. Comp. Stat. §8894 became chapter 35.12 RCW. RCW
35.12.010, the only section in that chapter, was repealed by 1969 ex.s. c 89 §
18.
54.32.040
54.32.040 Right of county-wide utility district to
acquire distribution properties. Upon the formation of a
county-wide public utility district in any county such district
shall have the right, in addition to any other right provided by
law, to acquire by purchase or condemnation any electrical
distribution properties in the county from any other public
utility district or combination of public utility districts for a
period of five years from the time of organization of said public utility district. [1951 c 272 § 2.]
Acquisition of electrical distribution property from public utility district by
cities and towns: RCW 35.92.054.
Chapter 54.36 RCW
LIABILITY TO OTHER TAXING DISTRICTS
Chapter 54.36
Sections
54.36.010
54.36.020
54.36.030
54.36.040
54.36.050
54.36.060
54.36.070
54.36.080
Definitions.
Increased financial burden on school district—Determination
of number of construction pupils.
Compensation of school district for construction pupils—
Computation.
Compensation of school district for construction pupils—
Amount to be paid.
Compensation of school district for construction pupils—How
paid when more than one project in the same school district.
Power to make voluntary payments to school district for capital construction.
Increased financial burden on county or other taxing district—
Power to make payments.
Funds received by school district—Equalization apportionment.
54.36.010
54.36.010 Definitions. As used in this chapter:
"Public utility district" means public utility district or
districts or a joint operating agency or agencies.
"Construction project" means the construction of generating facilities by a public utility district. It includes the relocation of highways and railroads, by whomever done, to the
extent that it is occasioned by the overflowing of their former
locations, or by destruction or burying incident to the construction.
"Base-year enrollment" means the number of pupils
enrolled in a school district on the first of May next preceding
the date construction was commenced.
"Subsequent-year enrollment" means the number of
pupils enrolled in a school district on any first of May after
construction was commenced.
"Construction pupils" means pupils who have a parent
who is a full time employee on the construction project and
who moved into the school district subsequent to the first day
of May next preceding the day the construction was commenced.
"Nonconstruction pupils" means other pupils. [1975 1st
ex.s. c 10 § 1; 1973 1st ex.s. c 154 § 99; 1957 c 137 § 1.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Operating agencies: Chapter 43.52 RCW.
54.36.020
54.36.020 Increased financial burden on school district—Determination of number of construction pupils.
(2006 Ed.)
54.36.070
When as the result of a public utility district construction
project a school district considers it is suffering an increased
financial burden in any year during the construction project,
it shall determine the number of construction pupils enrolled
in the school district on the first of May of such year. [1957
c 137 § 2.]
54.36.030
54.36.030 Compensation of school district for construction pupils—Computation. If the subsequent-year
enrollment exceeds one hundred and three percent of the
base-year enrollment, the public utility district shall compensate the school district for a number of construction pupils
computed as follows:
(1) If the subsequent-year enrollment of nonconstruction
pupils is less than the base-year enrollment, compensation
shall be paid for the total number of all pupils minus one hundred and three percent of the base-year enrollment.
(2) If the subsequent-year enrollment of nonconstruction
pupils is not less than the base-year enrollment, compensation shall be paid for the total number of construction pupils
minus three percent of the base-year enrollment. [1957 c 137
§ 3.]
54.36.040
54.36.040 Compensation of school district for construction pupils—Amount to be paid. The compensation
to be paid per construction pupils as computed in RCW
54.36.030 shall be one-third of the average per-pupil cost of
the local school district, for the school year then current.
[1957 c 137 § 4.]
54.36.050
54.36.050 Compensation of school district for construction pupils—How paid when more than one project
in the same school district. If more than one public utility
district or joint operating agency is carrying on a construction
project in the same school district, the number of construction
pupils for whom the school district is to receive compensation shall be computed as if the projects were constructed by
a single agency. The public utility districts or joint operating
agencies involved shall divide the cost of such compensation
between themselves in proportion to the number of construction pupils occasioned by the operations of each. [1957 c 137
§ 5.]
54.36.060
54.36.060 Power to make voluntary payments to
school district for capital construction. Public utility districts are hereby authorized to make voluntary payments to a
school district for capital construction if their construction
projects cause an increased financial burden for such purpose
on the school district. [1957 c 137 § 6.]
54.36.070
54.36.070 Increased financial burden on county or
other taxing district—Power to make payments. Public
utilities are hereby authorized to make payments to a county
or other taxing district in existence before the commencement of construction on the construction project which suffers an increased financial burden because of their construction projects, but such amount shall not be more than the
amount by which the property taxes levied against the contractors engaged in the work on the construction project
[Title 54 RCW—page 35]
54.36.080
Title 54 RCW: Public Utility Districts
failed to meet said increased financial burden. [1957 c 137 §
7.]
54.36.080 Funds received by school district—Equalization apportionment. The funds paid by a public utility
district to a school district under the provisions of this chapter
shall not be considered a school district receipt by the superintendent of public instruction in determining equalization
apportionments under *RCW 28.41.080. [1957 c 137 § 8.]
by the secretary of the district, to the county auditor of the
county wherein said district is located. [1977 ex.s. c 36 § 3;
1959 c 265 § 4.]
54.36.080
*Reviser’s note: RCW 28.41.080 was repealed by 1965 ex.s. c 154 §
12; as a part thereof said section concludes with the following proviso ". . .
PROVIDED, That the provisions of such statutes herein repealed insofar as
they are expressly or impliedly adopted by reference or otherwise referred to
in or for the benefit of any other statutes, are hereby preserved for such purposes."
Chapter 54.40
Chapter 54.40 RCW
FIVE COMMISSIONER DISTRICTS
54.40.040
54.40.040 Criteria, election to reclassify as a five
commissioner district—Ballot form—Vote required. A
public utility district that has or had a license from the federal
power commission to construct a hydroelectric project of an
estimated cost of more than two hundred fifty million dollars,
including interest during construction, or has a population of
five hundred thousand or more, shall be classified as a five
commissioner district if voters of the district approve a ballot
proposition authorizing the change. In submitting the question to the voters for their approval or rejection, the proposition shall be expressed on the ballot in substantially the following terms:
Shall Public Utility District No. . . . . be
reclassified a Five Commissioner District for the purpose of increasing the
number of commissioners to five . . . .
(Formerly: First class districts)
Sections
54.40.010
54.40.020
54.40.030
54.40.040
54.40.050
54.40.060
54.40.070
Five commissioner districts—Requirements.
Existing districts—Qualifications—Voters’ approval.
Transmittal of copies of federal hydroelectric license to county
auditor.
Criteria, election to reclassify as a five commissioner district—Ballot form—Vote required.
Petition for reclassification—Certificate of sufficiency—Election.
Division of district.
Special election for commissioners from districts—Terms.
54.40.010 Five commissioner districts—Requirements. A five commissioner public utility district is a district
that (1) either: (a) Has or had a license from the federal
power commission to construct a hydroelectric project of an
estimated cost of more than two hundred and fifty million
dollars, including interest during construction; or (b) has a
population of five hundred thousand or more; and (2) voters
of the district approved a ballot proposition authorizing the
district to become a five commissioner district as provided
under RCW 54.40.040. All other public utility districts shall
be known as three commissioner districts. [1994 c 223 § 57;
1977 ex.s. c 36 § 1; 1959 c 265 § 2.]
54.40.010
54.40.020 Existing districts—Qualifications—Voters’ approval. Every public utility district which on September 21, 1977, shall be in existence and have such a license
shall be qualified to become a five commissioner district
upon approval of the voters of said district, and every public
utility district which on September 21, 1977, shall have
become a first class district as previously provided by chapter
265, Laws of 1959 shall be a five commissioner district.
[1977 ex.s. c 36 § 2; 1959 c 265 § 3.]
54.40.020
54.40.030 Transmittal of copies of federal hydroelectric license to county auditor. Within five days after a public utility district shall receive a license from the federal
power commission to construct a hydroelectric project of an
estimated cost of more than two hundred and fifty million
dollars, including interest during construction, or, in the case
of a district which on September 21, 1977, is in existence and
has such a license within five days of September 21, 1977,
the district shall forward a true copy of said license, certified
54.40.030
[Title 54 RCW—page 36]
YES â
NO â
Should a majority of the voters voting on the question
approve the proposition, the district shall be declared a five
commissioner district upon the certification of the election
returns. [1994 c 223 § 58; 1977 ex.s. c 36 § 4; 1959 c 265 §
5.]
54.40.050
54.40.050 Petition for reclassification—Certificate of
sufficiency—Election. The question of reclassification of a
public utility district that has or had a license from the federal
power commission to construct a hydroelectric project of an
estimated cost of more than two hundred fifty million dollars,
including interest during construction, or has a population of
five hundred thousand or more, as a five commissioner public
utility district shall be submitted to the voters if a petition
proposing the change is filed with the county auditor of the
county in which the district is located, identifying the district
by number and praying that an election be held to determine
whether it shall become a five commissioner district. The
petition must be signed by a number of registered voters of
the district equal to at least ten percent of the number of registered voters in the district who voted at the last general election and include each signer’s residence address.
The petition shall be filed with the county auditor for
verification of the validity of the signatures. Within thirty
days after receipt of the petition, the county auditor shall
determine the sufficiency of the petition. If the petition is
found insufficient, the person who filed the same shall be
notified by mail and he shall have an additional fifteen days
from the date of mailing such notice within which to submit
additional signatures, and the county auditor shall have an
additional thirty days after the submission of such additional
signatures to determine the validity of the entire petition. No
signature may be withdrawn after the petition has been filed.
If the petition, including these additional signatures if
any, is found sufficient, the county auditor shall certify its
sufficiency to the public utility district and if the commissioners of the public utility district had certified to the county
auditor the eligibility of the district for reclassification as pro(2006 Ed.)
Nuclear, Thermal, Electric Generating Power Facilities—Joint Development
vided in this chapter, the county auditor shall submit to the
voters of the district the question of whether the district shall
become a five commissioner district. The election shall be
held at the next state general election occurring sixty or more
days after the petition was certified as having sufficient valid
signatures. [1994 c 223 § 59; 1977 ex.s. c 36 § 5; 1959 c 265
§ 6.]
54.44.030
54.44.040
54.44.050
54.44.060
54.44.900
54.44.901
54.44.910
54.44.020
Liability of city, joint operating agency, or public utility district—Extent—Limitations.
Authority to provide money and/or property, issue revenue
bonds—Declaration of public purpose.
Depositories—Disbursement of funds.
Agreements to conform to applicable laws.
Liberal construction—Not to affect existing acts.
Severability—1973 1st ex.s. c 7.
Severability—1967 c 159.
54.44.010
54.40.060
54.40.060 Division of district. If the reclassification to
a five commissioner district is approved by the voters, the
public utility district commission within sixty days after the
results of said election are certified shall divide the public
utility district into two districts of as nearly equal population
as possible, and shall designate the districts as District A and
District B. [1994 c 223 § 60; 1977 ex.s. c 36 § 6; 1959 c 265
§ 7.]
54.40.070
54.40.070 Special election for commissioners from
districts—Terms. Within thirty days after the public utility
district commission divides the district into District A and
District B, the county legislative authority shall call a special
election, to be held at the next special election date provided
for under *RCW 29.13.010 that occurs sixty or more days
after the call, at which time the initial commissioners for District A and District B shall be elected. No primary shall be
held and a special filing period shall be opened as provided in
*RCW 29.15.170 and 29.15.180. The person receiving the
greatest number of votes for each position shall be elected.
The person who is elected receiving the greatest number
of votes shall be elected to a four-year term of office, and the
other person who is elected shall be elected to a two-year
term of office, if the election is held in an even-numbered
year, or the person who is elected receiving the greatest number of votes shall be elected to a three-year term of office, and
the other person who is elected shall be elected to a one-year
term of office, if the election is held in an odd-numbered
year. The length of these terms of office shall be calculated
from the first day in January in the year following their elections.
The newly elected commissioners shall assume office
immediately after being elected and qualified and shall serve
until their successors are elected and qualified and assume
office in accordance with *RCW 29.04.170. Each successor
shall be elected to a four-year term of office. [1994 c 223 §
61; 1977 ex.s. c 36 § 7; 1959 c 265 § 8.]
*Reviser’s note: RCW 29.13.010, 29.15.170, 29.15.180, and
29.04.170 were recodified as RCW 29A.04.320, 29A.24.170, 29A.24.180,
and 29A.20.040, respectively, pursuant to 2003 c 111 § 2401, effective July
1, 2004. RCW 29A.04.320, 29A.24.170, and 29A.24.180 were subsequently
repealed by 2004 c 271 § 193. Later enactment of RCW 29A.04.320,
29A.24.170, and 29A.24.180, see RCW 29A.04.321, 29A.24.171, and
29A.24.181, respectively.
Chapter 54.44 RCW
NUCLEAR, THERMAL, ELECTRIC GENERATING
POWER FACILITIES—JOINT DEVELOPMENT
Chapter 54.44
Sections
54.44.010
54.44.020
(2006 Ed.)
Declaration of public purpose.
Authority to participate in and enter into agreements for operation of common facilities—Percentage of ownership—
Expenses—Taxes—Payments.
54.44.010 Declaration of public purpose. It is
declared to be in the public interest and for a public purpose
that cities of the first class, public utility districts, joint operating agencies organized under chapter 43.52 RCW, regulated electrical companies and, rural electrical cooperatives
including generation and transmission cooperatives be permitted to participate together in the development of nuclear
and other thermal power facilities and transmission facilities
as hereinafter provided as one means of achieving economies
of scale and thereby promoting the economic development of
the state and its natural resources to meet the future power
needs of the state and all its inhabitants. [1975-’76 2nd ex.s.
c 72 § 1; 1973 1st ex.s. c 7 § 1; 1967 c 159 § 1.]
Severability—1975-’76 2nd ex.s. c 72: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-’76 2nd ex.s. c 72 § 3.]
Legislative finding—Emergency—1973 1st ex.s. c 7: "The legislature
finds that the immediate planning, financing, acquisition and construction of
electric generating and transmission facilities as provided in sections 1
through 6 of this 1973 amendatory act is a public necessity to meet the power
requirements of the public utility districts, cities, joint operating agencies
and regulated utilities referred to in sections 1 through 6 of this 1973 amendatory act and the inhabitants of this state; further that such public utility districts, cities, joint operating agencies and regulated utilities are ready, willing
and able to undertake such planning, financing, acquisition and construction
of said electric generating and transmission facilities immediately upon the
passage of sections 1 through 6 of this 1973 amendatory act. This 1973
amendatory act is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government and its existing
public institutions, and shall take effect immediately." [1973 1st ex.s. c 7 §
7.]
Energy facilities, site locations: Chapter 80.50 RCW.
Nuclear energy and radiation: Chapter 70.98 RCW.
54.44.020
54.44.020 Authority to participate in and enter into
agreements for operation of common facilities—Percentage of ownership—Expenses—Taxes—Payments. (1)
Except as provided in subsection (2) of this section, cities of
the first class, public utility districts organized under chapter
54.08 RCW, and joint operating agencies organized under
chapter 43.52 RCW, any such cities and public utility districts which operate electric generating facilities or distribution systems and any joint operating agency shall have power
and authority to participate and enter into agreements with
each other and with electrical companies which are subject to
the jurisdiction of the Washington utilities and transportation
commission or the public utility commissioner of Oregon,
hereinafter called "regulated utilities", and with rural electric
cooperatives, including generation and transmission cooperatives for the undivided ownership of any type of electric generating plants and facilities, including, but not limited to
nuclear and other thermal power generating plants and facilities and transmission facilities including, but not limited to,
related transmission facilities, hereinafter called "common
facilities", and for the planning, financing, acquisition, con[Title 54 RCW—page 37]
54.44.030
Title 54 RCW: Public Utility Districts
struction, operation and maintenance thereof. It shall be provided in such agreements that each city, public utility district,
or joint operating agency shall own a percentage of any common facility equal to the percentage of the money furnished
or the value of property supplied by it for the acquisition and
construction thereof and shall own and control a like percentage of the electrical output thereof.
(2) Cities of the first class, public utility districts organized under chapter 54.08 RCW, and joint operating agencies
organized under chapter 43.52 RCW, shall have the power
and authority to participate and enter into agreements for the
undivided ownership of a coal-fired thermal electric generating plant and facility placed in operation before July 1, 1975,
including related common facilities, and for the planning,
financing, acquisition, construction, operation, and maintenance of the plant and facility. It shall be provided in such
agreements that each city, public utility district, or joint operating agency shall own a percentage of any common facility
equal to the percentage of the money furnished or the value of
property supplied by the city, district, or agency, for the
acquisition and construction of the facility and shall own and
control a like percentage of the electrical output thereof. Cities of the first class, public utility districts, and joint operating
agencies may enter into agreements under this subsection
with each other, with regulated utilities, with rural electric
cooperatives, with electric companies subject to the jurisdiction of the regulatory commission of any other state, and with
any power marketer subject to the jurisdiction of the federal
energy regulatory commission.
(3) Each participant shall defray its own interest and
other payments required to be made or deposited in connection with any financing undertaken by it to pay its percentage
of the money furnished or value of property supplied by it for
the planning, acquisition and construction of any common
facility, or any additions or betterments thereto. The agreement shall provide a uniform method of determining and
allocating operation and maintenance expenses of the common facility.
(4) Each city, public utility district, joint operating
agency, regulated utility, and cooperatives participating in
the ownership or operation of a common facility shall pay all
taxes chargeable to its share of the common facility and the
electric energy generated thereby under applicable statutes as
now or hereafter in effect, and may make payments during
preliminary work and construction for any increased financial burden suffered by any county or other existing taxing
district in the county in which the common facility is located,
pursuant to agreement with such county or taxing district.
[1997 c 230 § 2; 1975-’76 2nd ex.s. c 72 § 2; 1974 ex.s. c 72
§ 1; 1973 1st ex.s. c 7 § 2; 1967 c 159 § 2.]
Severability—1975-’76 2nd ex.s. c 72: See note following RCW
54.44.010.
54.44.030
54.44.030 Liability of city, joint operating agency, or
public utility district—Extent—Limitations. In carrying
out the powers granted in this chapter, each such city, public
utility district, or joint operating agency shall be severally liable only for its own acts and not jointly or severally liable for
the acts, omissions or obligations of others. No money or
property supplied by any such city, public utility district, or
joint operating agency for the planning, financing, acquisi[Title 54 RCW—page 38]
tion, construction, operation or maintenance of any common
facility shall be credited or otherwise applied to the account
of any other participant therein, nor shall the undivided share
of any city, public utility district, or joint operating agency in
any common facility be charged, directly or indirectly, with
any debt or obligation of any other participant or be subject to
any lien as a result thereof. No action in connection with a
common facility shall be binding upon any public utility district, city, or joint operating agency unless authorized or
approved by resolution or ordinance of its governing body.
[1973 1st ex.s. c 7 § 3; 1967 c 159 § 3.]
54.44.040
54.44.040 Authority to provide money and/or property, issue revenue bonds—Declaration of public purpose. Any such city, public utility district, or joint operating
agency participating in common facilities under this chapter,
without an election, may furnish money and provide property, both real and personal, issue and sell revenue bonds
pledging revenues of its electric system and its interest or
share of the revenues derived from the common facilities and
any additions and betterments thereto in order to pay its
respective share of the costs of the planning, financing,
acquisition and construction thereof. Such bonds shall be
issued under the provisions of applicable laws authorizing the
issuance of revenue bonds for the acquisition and construction of electric public utility properties by cities, public utility
districts, or joint operating agencies as the case may be. All
moneys paid or property supplied by any such city, public
utility district, or joint operating agency for the purpose of
carrying out the powers conferred herein are declared to be
for a public purpose. [1973 1st ex.s. c 7 § 4; 1967 c 159 § 4.]
54.44.050
54.44.050 Depositories—Disbursement of funds. All
moneys belonging to cities, public utility districts, and joint
operating agencies in connection with common facilities
shall be deposited in such depositories as qualify for the
deposit of public funds and shall be accounted for and disbursed in accordance with applicable law. [1973 1st ex.s. c 7
§ 5; 1967 c 159 § 5.]
54.44.060
54.44.060 Agreements to conform to applicable laws.
Any agreement with respect to work to be done or material
furnished by any such city, public utility district, or joint
operating agency in connection with the construction, maintenance and operation of the common facilities, and any additions and betterments thereto shall be in conformity, as near
as may be, with applicable laws now or hereafter in effect
relating to public utility districts or cities of the first class.
[1973 1st ex.s. c 7 § 6; 1967 c 159 § 6.]
54.44.900
54.44.900 Liberal construction—Not to affect existing acts. The provisions of this chapter shall be liberally construed to effectuate the purposes thereof. This chapter shall
not be construed to affect any existing act or part thereof
relating to the construction, operation or maintenance of any
public utility. [1967 c 159 § 7.]
54.44.901
54.44.901 Severability—1973 1st ex.s. c 7. If any provision of this 1973 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
(2006 Ed.)
Agreements Between Electrical Public Utilities and Cooperatives
act, or the application of the provision to other persons or circumstances is not affected. [1973 1st ex.s. c 7 § 8.]
54.44.910 Severability—1967 c 159. If any provisions
of this act or its application to any person or circumstance
shall be held invalid or unconstitutional, the remainder of this
act or its application to other persons or circumstances shall
not be affected. [1967 c 159 § 8.]
54.44.910
54.48.040
54.48.040 Cooperatives not to be classified as public
utilities or under authority of utilities and transportation
commission. Nothing herein shall be construed to classify a
cooperative having authority to engage in the electric business as a public utility or to include cooperatives under the
authority of the Washington utilities and transportation commission. [1969 c 102 § 4.]
Chapter 54.52
Chapter 54.48 RCW
AGREEMENTS BETWEEN ELECTRICAL PUBLIC
UTILITIES AND COOPERATIVES
54.52.020
Chapter 54.52 RCW
Chapter 54.48
Sections
Sections
54.48.010
54.48.020
54.48.030
54.48.040
Definitions.
Legislative declaration of policy.
Agreements between public utilities and cooperatives authorized—Boundaries—Extension procedures—Purchase or
sale—Approval.
Cooperatives not to be classified as public utilities or under
authority of utilities and transportation commission.
54.48.010
54.48.010 Definitions. When used in this chapter:
(1) "Public utility" means any privately owned public
utility company engaged in rendering electric service to the
public for hire, any public utility district engaged in rendering
service to residential customers and any city or town engaged
in the electric business.
(2) "Cooperative" means any cooperative having authority to engage in the electric business. [1969 c 102 § 1.]
54.48.020
54.48.020 Legislative declaration of policy. The legislature hereby declares that the duplication of the electric lines
and service of public utilities and cooperatives is uneconomical, may create unnecessary hazards to the public safety, discourages investment in permanent underground facilities,
and is unattractive, and thus is contrary to the public interest
and further declares that it is in the public interest for public
utilities and cooperatives to enter into agreements for the purpose of avoiding or eliminating such duplication. [1969 c
102 § 2.]
54.48.030 Agreements between public utilities and
cooperatives authorized—Boundaries—Extension procedures—Purchase or sale—Approval. In aid of the foregoing declaration of policy, any public utility and any cooperative is hereby authorized to enter into agreements with any
one or more other public utility or one or more other cooperative for the designation of the boundaries of adjoining service areas which each such public utility or each such cooperative shall observe, for the establishment of procedures for
orderly extension of service in adjoining areas not currently
served by any such public utility or any such cooperative and
for the acquisition or disposal by purchase or sale by any such
public utility or any such cooperative of duplicating utility
facilities, which agreements shall be for a reasonable period
of time not in excess of twenty-five years: PROVIDED, That
the participation in such agreement of any public utility
which is an electrical company under RCW 80.04.010,
excepting cities and towns, shall be approved by the Washington utilities and transportation commission. [1969 c 102 §
3.]
54.48.030
(2006 Ed.)
VOLUNTARY CONTRIBUTIONS TO ASSIST
LOW-INCOME CUSTOMERS
54.52.010
54.52.020
54.52.030
Voluntary contributions to assist low-income residential customers—Administration.
Disbursal of contributions—Quarterly report.
Contributions not considered commingling of funds.
54.52.010
54.52.010 Voluntary contributions to assist lowincome residential customers—Administration. A public
utility district may include along with, or as part of its regular
customer billings, a request for voluntary contributions to
assist qualified low-income residential customers of the district in paying their electricity bills. All funds received by the
district in response to such requests shall be transmitted to the
grantee of the department of community, trade, and economic
development which administers federally funded energy
assistance programs for the state in the district’s service area
or to a charitable organization within the district’s service
area. All such funds shall be used solely to supplement assistance to low-income residential customers of the district in
paying their electricity bills. The grantee or charitable organization shall be responsible to determine which of the district’s customers are qualified for low-income assistance and
the amount of assistance to be provided to those who are
qualified. [1995 c 399 § 145; 1985 c 6 § 20; 1984 c 59 § 1.]
54.52.020
54.52.020 Disbursal of contributions—Quarterly
report. All assistance provided under this chapter shall be
disbursed by the grantee or charitable organization. Where
possible the public utility district will be paid on behalf of the
customer by the grantee or the charitable organization. When
direct vendor payment is not feasible, a check will be issued
jointly payable to the customer and the public utility district.
The availability of funds for assistance to a district’s lowincome customers as a result of voluntary contributions shall
not reduce the amount of assistance for which the district’s
customers are eligible under the federally funded energy
assistance programs administered by the grantee of the
department of community, trade, and economic development
within the district’s service area. The grantee or charitable
organization shall provide the district with a quarterly report
on January 15th, April 15th, July 15th, and October 15th
which includes information concerning the total amount of
funds received from the district, the names of all recipients of
assistance from these funds, the amount received by each
recipient, and the amount of funds received from the district
currently on hand and available for future low-income assistance. [1995 c 399 § 146; 1985 c 6 § 21; 1984 c 59 § 2.]
[Title 54 RCW—page 39]
54.52.030
Title 54 RCW: Public Utility Districts
54.52.030 Contributions not considered commingling of funds. Contributions received under a program
implemented by a public utility district in compliance with
this chapter shall not be considered a commingling of funds.
[1984 c 59 § 3.]
54.52.030
[Title 54 RCW—page 40]
(2006 Ed.)
Title 55
SANITARY DISTRICTS
Title 55
Chapters
55.04 Formation and dissolution.
Conveyance of real property by public bodies—Recording: RCW 65.08.095.
Credit card use by local governments: RCW 43.09.2855.
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Municipal corporation may authorize investment of funds which are in custody of county treasurer or other municipal corporation treasurer:
RCW 36.29.020.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Chapter 55.04
Chapter 55.04 RCW
FORMATION AND DISSOLUTION
Sections
55.04.050
55.04.060
Dissolution.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for
five years.
Elections: Title 29A RCW.
55.04.050 Dissolution.
53.48 RCW.
55.04.050
See port districts, chapter
55.04.060 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
55.04.060
(2006 Ed.)
[Title 55 RCW—page 1]
Title 57
Title 57
WATER-SEWER DISTRICTS
Chapters
57.02 General provisions.
57.04 Formation and dissolution.
57.06 Validation and construction.
57.08 Powers.
57.12 Officers and elections.
57.16 Comprehensive plan—Local improvement districts.
57.20 Finances.
57.22 Contracts for system extensions.
57.24 Annexation of territory.
57.28 Withdrawal of territory.
57.32 Consolidation of districts—Transfer of part of
district.
57.36 Merger of districts.
57.42 Disposition of property to public utility district.
57.46 Voluntary contributions to assist low-income customers.
57.90 Disincorporation of districts in counties with
210,000 population or more.
Assumption of jurisdiction over district or territory to city or town: Chapter
35.13A RCW.
City sewerage, drainage, and water supply: RCW 35.21.210, chapters 35.67
and 35.92 RCW.
Conveyances of real property by public bodies—Recording: RCW
65.08.095.
County water systems, authority, procedure: Chapter 36.94 RCW.
Credit card use by local governments: RCW 43.09.2855.
Furnishing impure water: RCW 70.54.020.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Irrigation districts authorized to acquire water district’s water system,
authority to convey: RCW 87.03.015.
Municipal corporation may authorize investment of funds that are in custody
of county treasurer or other municipal corporation treasurer: RCW
36.29.020.
Pollution of watershed or source of drinking water: RCW 70.54.010,
70.54.030.
Port district may provide sewer and water utilities in adjacent areas: RCW
53.08.040.
Chapter 57.02
Chapter 57.02 RCW
GENERAL PROVISIONS
Sections
57.02.001
57.02.010
57.02.015
57.02.020
57.02.030
57.02.040
57.02.045
57.02.050
57.02.070
(2006 Ed.)
Reclassification of water and sewer districts—Previous
actions valid.
Petition signatures of property owners—Rules governing.
Board of commissioners may notify property owners about
petitions—Review of petitions—Information.
Claims against district.
Title to be liberally construed.
Water-sewer district activities to be approved—Criteria for
approval by county legislative authority.
Approval by county legislative authority final, when—Boundary review board approval.
Multicounty districts—Delegation of duties—Exceptions.
Ratification of actions for the formation, annexation, consolidation, or merger of water districts prior to July 10, 1982.
57.02.080
57.02.090
Water-sewer districts desiring to merge into irrigation districts—Procedure.
Elections.
Effect when city or town takes over portion of water system: RCW
57.08.035.
57.02.001
57.02.001 Reclassification of water and sewer districts—Previous actions valid. Every sewer district and
every water district previously created shall be reclassified
and shall become a water-sewer district, and shall be known
as the ". . . . . Water-Sewer District," or "Water-Sewer District No. . . . ." or shall continue to be known as a "sewer district" or a "water district," with the existing name or number
inserted, as appropriate. As used in this title, "district" means
a water-sewer district, a sewer district, or a water district. All
debts, contracts, and obligations previously made or incurred
by or in favor of any water district or sewer district, and all
bonds or other obligations issued or executed by those districts, and all assessments or levies, and all other things and
proceedings done or taken by those districts or by their
respective officers, are declared legal and valid and of full
force and effect. [1996 c 230 § 101.]
Part headings not law—1996 c 230: "Part headings as used in this act
do not constitute any part of the law." [1996 c 230 § 1700.]
Effective date—1996 c 230: "This act shall take effect July 1, 1997."
[1996 c 230 § 1704.]
57.02.010
57.02.010 Petition signatures of property owners—
Rules governing. Wherever in this title petitions are
required to be signed by the owners of property, the following rules shall govern the sufficiency of the petitions:
(1) The signature of a record owner, as determined by the
records of the county auditor of the county in which the real
property is located, shall be sufficient without the signature
of the owner’s spouse.
(2) For mortgaged property, the signature of the mortgagor shall be sufficient.
(3) For property purchased on contract, the signature of
the contract purchaser, as shown by the records of the county
auditor of the county in which the real property is located,
shall be sufficient.
(4) Any officer of a corporation owning land in the district duly authorized to execute deeds or encumbrances on
behalf of the corporation may sign on behalf of that corporation, except that there shall be attached to the petition a certified excerpt from the bylaws showing such authority.
(5) If any property in the district stands in the name of a
deceased person or any person for whom a guardian has been
appointed, the signature of the personal representative,
administrator, or guardian, as the case may be, shall be equivalent to the signature of the owner of the property. [1996 c
230 § 102; 1982 1st ex.s. c 17 § 8; 1953 c 251 § 24.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
[Title 57 RCW—page 1]
57.02.015
Title 57 RCW: Water-Sewer Districts
57.02.015
57.02.015 Board of commissioners may notify property owners about petitions—Review of petitions—Information. The board of commissioners of a district may notify
the owner or reputed owner of any tract, parcel of land, or
other property located within the area included in a petition
being circulated for a local improvement district or utility
local improvement district under chapter 57.16 RCW, an
annexation under chapter 57.24 RCW, a consolidation under
chapter 57.32 RCW, a merger under chapter 57.36 RCW, a
withdrawal of territory under chapter 57.28 RCW, or a transfer of territory under RCW 57.32.160.
Upon the request of any person, the board of commissioners of a district may:
(1) Review a proposed petition for proper drafting; and
(2) Provide information regarding the effects of the
adoption of any proposed petition. [1996 c 230 § 103; 1979
c 35 § 3. Formerly RCW 56.02.110.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.02.020
57.02.020 Claims against district.
RCW.
See chapter 4.96
57.02.030
57.02.030 Title to be liberally construed. The rule of
strict construction shall not apply to this title, which shall be
liberally construed to carry out its purposes and objects.
[1996 c 230 § 104; 1959 c 108 § 19.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.02.040
57.02.040 Water-sewer district activities to be
approved—Criteria for approval by county legislative
authority. (1) Notwithstanding any provision of law to the
contrary, the following proposed actions shall be approved as
provided for in RCW 57.02.045:
(a) Formation or reorganization under chapter 57.04
RCW;
(b) Annexation of territory under chapter 57.24 RCW;
(c) Withdrawal of territory under chapter 57.28 RCW;
(d) Transfer of territory under RCW 57.32.160;
(e) Consolidation under chapter 57.32 RCW; and
(f) Merger under chapter 57.36 RCW.
(2) At least one of the districts involved shall give notice
of the proposed action to the county legislative authority,
state department of ecology, and state department of health.
The county legislative authority shall within thirty days of
receiving notice of the proposed action approve the action or
hold a hearing on the action.
(3) The county legislative authority shall decide within
sixty days of a hearing whether to approve or not approve the
proposed action. In approving or not approving the proposed
action, the county legislative authority shall consider the following criteria:
(a) Whether the proposed action in the area under consideration is in compliance with the development program
that is outlined in the county comprehensive plan, or city or
town comprehensive plan where appropriate, and its supporting documents;
(b) Whether the proposed action in the area under consideration is in compliance with the basinwide water and/or
[Title 57 RCW—page 2]
sewage plan as approved by the state department of ecology
and the state department of social and health services; and
(c) Whether the proposed action is in compliance with
the policies expressed in the county plan for water and/or
sewage facilities.
(4) If the proposed action is inconsistent with subsection
(3)(a), (b), or (c) of this section, the county legislative authority shall not approve it. If the proposed action is consistent
with subsection (3)(a), (b), and (c) of this section, the county
legislative authority shall approve it unless it finds that water
or sewer service in the area under consideration will be most
appropriately served by the county itself under the provisions
of chapter 36.94 RCW, or by another district, city, town, or
municipality. If there has not been adopted for the area under
consideration a plan or program under subsection (3)(a), (b),
or (c) of this section, the proposed action shall not be found
inconsistent with such subsection.
(5) Where a district is proposed to be formed, and where
no boundary review board is established in the county, the
petition described in RCW 57.04.030 shall serve as the notice
of proposed action under this section, and the hearing provided for in RCW 57.04.030 shall serve as the hearing provided for in this section and in RCW 57.02.045. [1996 c 230
§ 105; 1988 c 162 § 7; 1971 ex.s. c 139 § 2.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
1988 validation: RCW 57.06.180.
57.02.045
57.02.045 Approval by county legislative authority
final, when—Boundary review board approval. In any
county where a boundary review board, as provided in chapter 36.93 RCW, is not established, the approval of the proposed action shall be by the county legislative authority pursuant to RCW 57.02.040 and shall be final, and the procedures required to adopt such proposed action shall be
followed as provided by law.
In any county where a boundary review board, as provided in chapter 36.93 RCW, is established, a notice of intention of the proposed action shall be filed with the boundary
review board as required by RCW 36.93.090 and with the
county legislative authority. The county legislative authority
shall transmit to the boundary review board a report of its
approval or disapproval of the proposed action together with
its findings and recommendations under RCW 57.02.040.
Approval by the county legislative authority of the proposed
action shall be final and the procedures required to adopt the
proposal shall be followed as provided by law, unless the
boundary review board reviews the action under RCW
36.93.100 through 36.93.180. If the county legislative
authority does not approve the proposed action, the boundary
review board shall review the action under RCW 36.93.150
through 36.93.180. The action of the boundary review board
shall supersede approval or disapproval by the county legislative authority.
Where a district is proposed to be formed, and where no
boundary review board is established in the county, the hearings provided for in RCW 57.04.030 shall serve as the hearing provided for in this section and in RCW 57.02.040. [1996
c 230 § 106; 1988 c 162 § 6; 1971 ex.s. c 139 § 3. Formerly
RCW 56.02.070.]
(2006 Ed.)
Formation and Dissolution
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
1988 validation: RCW 57.06.180.
57.02.050
57.02.050 Multicounty districts—Delegation of
duties—Exceptions. Whenever the boundaries or proposed
boundaries of a district include or are proposed to include by
means of formation, annexation, transfer, withdrawal, consolidation, or merger, territory in more than one county:
(1) All duties delegated by this title to officers of the
county in which the district is located shall be delegated to
the officers of the county in which the largest land area of the
district is located, except that elections shall be conducted
pursuant to general election law;
(2) Actions subject to review and approval under RCW
57.02.040 shall be reviewed and approved only by the officers or boundary review board in the county in which such
actions are proposed to occur;
(3) Verification of voters’ signatures shall be conducted
by the county auditor of the county in which such signators
reside; and
(4) Comprehensive plan review and approval or rejection by the respective county legislative authorities under
RCW 57.16.010 shall be limited to that part of such plans
within the respective counties. [1996 c 230 § 108; 1994 c 223
§ 66; 1982 1st ex.s. c 17 § 5.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.02.070
57.02.070 Ratification of actions for the formation,
annexation, consolidation, or merger of water districts
prior to July 10, 1982. All actions taken in regard to the formation, annexation, consolidation, or merger of water districts taken prior to July 10, 1982, but consistent with this
title, as amended, are hereby approved and ratified and shall
be legal for all purposes. [1982 1st ex.s. c 17 § 7.]
57.02.080
57.02.080 Water-sewer districts desiring to merge
into irrigation districts—Procedure. The procedures and
provisions of RCW 85.08.830 through 85.08.890, which are
applicable to drainage improvement districts, joint drainage
improvement districts, or consolidated drainage improvement districts that desire to merge into irrigation districts,
shall also apply to districts organized, or reorganized, under
this title that desire to merge into irrigation districts.
The authority granted by this section shall be cumulative
and in addition to any other power or authority granted by
law to any district. [1996 c 230 § 107; 1977 ex.s. c 208 § 3.
Formerly RCW 56.02.100.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Merger of irrigation district with drainage, joint drainage, consolidated
drainage improvement, or water-sewer district: RCW 87.03.720,
87.03.725.
57.02.090
57.02.090 Elections. Elections in a district shall be conducted under general election laws. [1996 c 230 § 109.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
(2006 Ed.)
Chapter 57.04
57.04.030
Chapter 57.04 RCW
FORMATION AND DISSOLUTION
Sections
57.04.001
57.04.020
57.04.030
57.04.050
57.04.055
57.04.060
57.04.065
57.04.070
57.04.080
57.04.090
57.04.100
57.04.110
57.04.120
57.04.130
57.04.140
Actions subject to review by boundary review board.
Districts authorized.
Petition procedure—Hearing—Boundaries.
Election—Notice—Excess tax levy.
County auditor to conduct elections—Expenses.
District created—Name—Formation expenses.
Change of name—Procedure—Effect.
When two or more petitions filed.
Act cumulative.
Dissolution—Legislative and court methods.
Dissolution—Election method.
Dissolution when district’s boundaries identical with municipality.
Sewerage improvement districts located in counties with populations of from forty thousand to less than seventy thousand
become sewer districts.
Sewerage improvement districts operating as sewer districts
become water-sewer districts—Procedure.
Formation—Alternative method—New development.
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
57.04.001
57.04.001 Actions subject to review by boundary
review board. Actions taken under this chapter may be subject to potential review by a boundary review board under
chapter 36.93 RCW. [1996 c 230 § 201; 1989 c 84 § 56.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.04.020
57.04.020 Districts authorized. Water-sewer districts
are authorized to be established for the purposes of chapter
57.08 RCW. Such districts may include within their boundaries one or more counties, cities, and towns, or other political subdivisions. However, no portion or all of any city or
town may be included without the consent by resolution of
the city or town legislative authority. [1996 c 230 § 202;
1982 1st ex.s. c 17 § 9; 1929 c 114 § 1; RRS § 11579. Cf.
1913 c 161 § 1.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.04.030
57.04.030 Petition procedure—Hearing—Boundaries. (1) For the purpose of formation of water-sewer districts, a petition shall be presented to the county legislative
authority of each county in which the proposed district is
located. The petition shall set forth the reasons for the creation of the district, designate the boundaries of the district,
and state that establishment of the district will be conducive
to the public health, convenience, and welfare and will be of
benefit to the property included in the district. The petition
shall state the proposed name of the district, which may be
". . . . . . . Sewer-Water [Water-Sewer] District," ". . . . . . .
Water District," ". . . . . . . Sewer District," or may be designated by a number such as ". . . . . . . . County Water-Sewer
District No. . . .." The petition shall specify the proposed
property tax levy assessment, if any, which shall not exceed
one dollar and twenty-five cents per thousand dollars of
assessed value, for general preliminary expenses of the district. The petition shall be signed by at least ten percent of the
registered voters who voted in the last municipal general
election, who shall be qualified voters on the date of filing the
petition, residing within the district described in the petition.
[Title 57 RCW—page 3]
57.04.050
Title 57 RCW: Water-Sewer Districts
The petition shall be filed with the county auditor of the
county in which all or the largest geographic portion of the
proposed district is located, who shall within ten days examine and verify the signatures on the petition. No person having signed such a petition shall be allowed to withdraw the
person’s name from the petition after the filing of the petition
with the county auditor. If the area proposed to be included in
the district is located in more than one county, the auditor of
the county in which the largest geographic portion of the district is located shall be the lead auditor and shall immediately
transfer a copy of the petitions to the auditor of each other
county in which the proposed district is located. Within ten
days after the lead auditor received the petition, the auditors
of these other counties shall certify to the lead auditor: (a)
The number of voters of that county residing in the proposed
district who voted at the last municipal general election; and
(b) the number of valid signatures on the petition of voters of
that county residing in the proposed district. The lead auditor
shall certify the sufficiency of the petition after receiving this
information. If the petition shall be found to contain a sufficient number of signatures, the county auditor or lead county
auditor shall then transmit it, together with a certificate of
sufficiency attached thereto to the county legislative authority of each county in which the proposed district is located.
(2) If in the opinion of the county health officer the existing water, sewerage, or drainage facilities are inadequate in
the district to be created, and creation of the district is necessary for public health and safety, then the legislative authority
of the county may declare by resolution that a water-sewer
district is a public health and safety necessity, and the district
shall be organized under this title, without a petition being
required.
(3) Following receipt of a petition certified to contain a
sufficient number of signatures, or upon declaring a district to
be a public health and safety necessity, at a regular or special
meeting the county legislative authority shall cause to be
published once a week for at least two weeks in one or more
newspapers of general circulation in the proposed district, a
notice that such a petition has been presented, stating the time
of the meeting at which the petition shall be considered, and
setting forth the boundaries of the proposed district. When a
petition is presented for hearing, each county legislative
authority shall hear the petition or may adjourn the hearing
from time to time not exceeding one month in all. Any person, firm, or corporation may appear before the county legislative authority and make objections to the establishment of
the district or the proposed boundary lines thereof. Upon a
final hearing each county legislative authority shall make
such changes in the proposed boundary lines within the
county as it deems to be proper and shall establish and define
the boundaries and shall find whether the proposed district
will be conducive to the public health, welfare, and convenience and be of special benefit to the land included within
the boundaries of the proposed district. No lands that will not,
in the judgment of the county legislative authority, be benefitted by inclusion therein, shall be included within the
boundaries of the district. No change shall be made by the
county legislative authority in the boundary lines to include
any territory outside of the boundaries described in the petition, except that the boundaries of any proposed district may
be extended by the county legislative authority to include
[Title 57 RCW—page 4]
other lands in the county upon a petition signed by the owners
of all of the land within the proposed extension. [1996 c 230
§ 203; 1990 c 259 § 27; 1987 c 33 § 3; 1985 c 469 § 58; 1982
1st ex.s. c 17 § 10; 1931 c 72 § 3; 1929 c 114 § 2; RRS §
11580. Cf. 1915 c 24 § 1; 1913 c 161 § 2. Formerly RCW
57.04.030 and 57.04.040.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.04.050
57.04.050 Election—Notice—Excess tax levy. (Effective until January 1, 2007.) Upon entry of the findings of the
final hearing on the petition if one or more county legislative
authorities find that the proposed district will be conducive to
the public health, welfare, and convenience and will benefit
the land therein, they shall present a resolution to the county
auditor calling for a special election to be held at a date specified under *RCW 29.13.020, that occurs forty-five or more
days after the resolution is presented, at which a ballot proposition authorizing the district to be created shall be submitted to voters for their approval or rejection. The commissioners shall cause to be published a notice of the election for four
successive weeks in a newspaper of general circulation in the
proposed district, which notice shall state the hours during
which the polls will be open, the boundaries of the district as
finally adopted and the object of the election, and the notice
shall also be posted ten days in ten public places in the proposed district. The district shall be created if the ballot proposition authorizing the district to be created is approved by a
majority of the voters voting on the proposition.
A separate ballot proposition authorizing the district, if
created, to impose a single-year excess levy for the preliminary expenses of the district shall be submitted to voters for
their approval or rejection at the same special election, if the
petition to create the district also proposed that a ballot proposition authorizing an excess levy be submitted to voters for
their approval or rejection. The excess levy shall be proposed
in the amount specified in the petition to create the district,
not to exceed one dollar and twenty-five cents per thousand
dollars of assessed value, and may only be submitted to voters for their approval or rejection if the special election is
held in February, March, April, or May. The proposition to be
effective must be approved in the manner set forth in Article
VII, section 2(a) of the state Constitution. [1999 c 153 § 1;
1996 c 230 § 204; 1994 c 292 § 2; 1990 c 259 § 28; 1987 c 33
§ 4; 1982 1st ex.s. c 17 § 11; 1973 1st ex.s. c 195 § 67; 1953
c 251 § 1; 1931 c 72 § 4; 1929 c 114 § 3; RRS § 11581. Cf.
1927 c 230 § 1; 1915 c 24 § 2; 1913 c 161 § 3.]
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Part headings not law—1999 c 153: "Part headings as used in this act
do not constitute any part of the law." [1999 c 153 § 77.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Findings—Intent—1994 c 292: "The legislature finds that the monitoring and treatment requirements of the federal safe drinking water act place
increasing burdens and cost on public water supply systems, especially
smaller systems and rural systems. Across the state, those systems are turning to existing systems and their county governments for help, which may
include assumption of the system.
It is the intent of the legislature to encourage larger existing systems to
assist or acquire troubled systems or those systems burdened by federal
requirements, to provide financial protection for that assistance, and to protect receivers of failed water systems." [1994 c 292 § 1.]
(2006 Ed.)
Formation and Dissolution
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
57.04.050
57.04.050 Election—Notice—Excess tax levy. (Effective January 1, 2007.) Upon entry of the findings of the final
hearing on the petition if one or more county legislative
authorities find that the proposed district will be conducive to
the public health, welfare, and convenience and will benefit
the land therein, they shall present a resolution to the county
auditor calling for a special election to be held at a date
according to RCW 29A.04.330, at which a ballot proposition
authorizing the district to be created shall be submitted to voters for their approval or rejection. The commissioners shall
cause to be published a notice of the election for four successive weeks in a newspaper of general circulation in the proposed district, which notice shall state the hours during which
the polls will be open, the boundaries of the district as finally
adopted and the object of the election, and the notice shall
also be posted ten days in ten public places in the proposed
district. The district shall be created if the ballot proposition
authorizing the district to be created is approved by a majority of the voters voting on the proposition.
A separate ballot proposition authorizing the district, if
created, to impose a single-year excess levy for the preliminary expenses of the district shall be submitted to voters for
their approval or rejection at the same special election, if the
petition to create the district also proposed that a ballot proposition authorizing an excess levy be submitted to voters for
their approval or rejection. The excess levy shall be proposed
in the amount specified in the petition to create the district,
not to exceed one dollar and twenty-five cents per thousand
dollars of assessed value, and may only be submitted to voters for their approval or rejection if the special election is
held in February, March, April, or May. The proposition to
be effective must be approved in the manner set forth in Article VII, section 2(a) of the state Constitution. [2006 c 344 §
38; 1999 c 153 § 1; 1996 c 230 § 204; 1994 c 292 § 2; 1990 c
259 § 28; 1987 c 33 § 4; 1982 1st ex.s. c 17 § 11; 1973 1st
ex.s. c 195 § 67; 1953 c 251 § 1; 1931 c 72 § 4; 1929 c 114 §
3; RRS § 11581. Cf. 1927 c 230 § 1; 1915 c 24 § 2; 1913 c
161 § 3.]
57.04.070
of the county in which the district is located. Except as provided in RCW 57.04.060, the expense of all such elections
shall be paid for out of the funds of the district. [1996 c 230
§ 208; 1941 c 210 § 40; Rem. Supp. 1941 § 9425-49. Formerly RCW 56.04.080.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.04.060
57.04.060 District created—Name—Formation
expenses. If at the election a majority of the voters voting
upon the proposition vote in favor of the formation of the district the county legislative authority shall so declare in its
canvass of the returns of the election to be made within ten
days after the date of the election, and the district shall then
be and become a municipal corporation of the state of Washington, and the name of the district shall be the name of the
district as provided in the petition and the ballot.
The county’s expenses incurred in the formation of the
district, including the election costs associated with the ballot
proposition authorizing the district, election of the initial
commissioners under RCW 57.12.030, and the ballot proposition authorizing the excess levy, shall be repaid to the
county if the district is formed. [1996 c 230 § 205; 1929 c
114 § 5; RRS § 11583. Cf. 1913 c 161 § 5.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.04.065
Part headings not law—1999 c 153: "Part headings as used in this act
do not constitute any part of the law." [1999 c 153 § 77.]
57.04.065 Change of name—Procedure—Effect.
Any district may apply to change its name by filing with the
county legislative authority in which was filed the original
petition for organization of the district, a certified copy of a
resolution of its board of commissioners adopted by majority
vote of all of the members of that board at a regular meeting
thereof providing for such change of name. After approval of
the new name by the county legislative authority, all proceedings for the district shall be had under the changed name, but
all existing obligations and contracts of the district entered
into under its former name shall remain outstanding without
change and with the validity thereof unimpaired and unaffected by such change of name. A change of name heretofore
made by any existing district in this state, substantially in the
manner approved under this section, is ratified, confirmed,
and validated. [1996 c 230 § 206; 1984 c 147 § 7.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Findings—Intent—1994 c 292: "The legislature finds that the monitoring and treatment requirements of the federal safe drinking water act place
increasing burdens and cost on public water supply systems, especially
smaller systems and rural systems. Across the state, those systems are turning to existing systems and their county governments for help, which may
include assumption of the system.
It is the intent of the legislature to encourage larger existing systems to
assist or acquire troubled systems or those systems burdened by federal
requirements, to provide financial protection for that assistance, and to protect receivers of failed water systems." [1994 c 292 § 1.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
57.04.055
57.04.055 County auditor to conduct elections—
Expenses. All elections held pursuant to this title, whether
general or special, shall be conducted by the county auditor
(2006 Ed.)
57.04.070
57.04.070 When two or more petitions filed. Whenever two or more petitions for the formation of a district shall
be filed as provided in this chapter, the petition describing the
greater area shall supersede all others and an election shall
first be held thereunder, and no lesser district shall ever be
created within the limits in whole or in part of any district,
except as provided in RCW 36.94.420. [1996 c 230 § 207;
1985 c 141 § 6; 1981 c 45 § 9; 1929 c 114 § 4; RRS § 11582.
Cf. 1913 c 161 § 4.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Legislative declaration—"District" defined—Severability—1981 c
45: See notes following RCW 36.93.090.
[Title 57 RCW—page 5]
57.04.080
Title 57 RCW: Water-Sewer Districts
57.04.080
57.04.080 Act cumulative. *This act shall not be construed to repeal, amend, or modify any law heretofore
enacted providing a method for water supply for any city or
town in this state, but shall be held to be an additional and
concurrent method providing for such purpose. Nor shall this
act be construed to repeal **chapter 161 of the Laws of 1913,
pages 533 to 552, or amendments thereto. [1929 c 114 § 24;
RRS § 11601.]
Reviser’s note: *(1) The language "this act" appeared in 1929 c 114,
the basic water district law, which is codified as follows: RCW 57.04.020,
57.04.030, 57.04.050 through 57.04.080, 57.04.100, 57.08.010, 57.08.050,
57.12.010, 57.12.020, 57.12.030, 57.16.010, 57.16.020, 57.16.030,
57.16.040, 57.16.050, 57.16.060, 57.16.070, 57.16.080 through 57.16.100,
57.20.010, 57.20.100 through 57.20.140, 57.24.010, 57.24.020, 57.24.040,
and 57.24.050.
**(2) As to the reference "chapter 161 of the Laws of 1913," see note
following RCW 57.06.010.
57.04.090
57.04.090 Dissolution—Legislative and court methods. Dissolution of district, see chapters 36.96 and 53.48
RCW.
57.04.100
57.04.100 Dissolution—Election method. Any district
may be disincorporated in the same manner (insofar as the
same is applicable) as is provided in RCW 35.07.010 through
35.07.220 for the disincorporation of cities and towns, except
that the petition for disincorporation shall be signed by not
less than twenty-five percent of the voters in the district.
[1996 c 230 § 209; 1994 c 81 § 80; 1929 c 114 § 25; 1917 c
147 § 1; RRS § 11602.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.04.110
57.04.110 Dissolution when district’s boundaries
identical with municipality. A district whose boundaries
are identical with, or if the district is located entirely within,
the boundaries of a city or town may be dissolved by summary dissolution proceedings if the district is free from all
debts and liabilities except contractual obligations between
the district and the city or town. Summary dissolution shall
take place if the board of commissioners of the district votes
unanimously to dissolve the district and to turn all of its property over to the city or town within which the district lies, and
the council of such city or town unanimously passes an ordinance accepting the conveyance of the property and assets of
the district tendered to the city or town by the district. [1996
c 230 § 210; 1955 c 358 § 1.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Acceptance by town: RCW 35.92.012.
57.04.120
57.04.120 Sewerage improvement districts located in
counties with populations of from forty thousand to less
than seventy thousand become sewer districts. (1) On and
after March 16, 1979, any sewerage improvement districts
created under Title 85 RCW and located in a county with a
population of from forty thousand to less than seventy thousand shall become districts and shall be operated, maintained,
and have the same powers as districts created under this title,
upon being so ordered by the county legislative authority of
the county in which such district is located after a hearing of
which notice is given by publication in a newspaper of gen[Title 57 RCW—page 6]
eral circulation within the district and mailed to any known
creditors, holders of contracts, and obligees at least thirty
days prior to such hearing. After such hearing if the county
legislative authority finds the converting of such district to be
in the best interest of that district, it shall order that such
sewer improvement district shall become a district and fix the
date of such conversion. All debts, contracts, and obligations
created while attempting to organize or operate a sewerage
improvement district and all other financial obligations and
powers of the district to satisfy such obligations established
under Title 85 RCW are legal and valid until they are fully
satisfied or discharged under Title 85 RCW.
(2) The board of supervisors of a sewerage improvement
district in a county with a population of from forty thousand
to less than seventy thousand shall act as the board of commissioners of the district under subsection (1) of this section
until other members of the board of commissioners of the district are elected and qualified. There shall be an election on
the same date as the 1979 state general election and the seats
of all three members of the governing authority of every
entity which was previously known as a sewerage improvement district in a county with a population of from forty thousand to less than seventy thousand shall be up for election.
The election shall be held in the manner provided for in RCW
57.12.030 for the election of the first board of commissioners
of a district. Thereafter, the terms of office of the members of
the governing body shall be determined under RCW
57.12.030. [1996 c 230 § 211; 1991 c 363 § 136; 1979 c 35 §
1. Formerly RCW 56.04.120.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
57.04.130
57.04.130 Sewerage improvement districts operating
as sewer districts become water-sewer districts—Procedure. Any sewerage improvement district which has been
operating as a sewer district shall be a district under this title
as of March 16, 1979, upon being so ordered by the county
legislative authority of the county in which such district is
located after a hearing of which notice is given by publication
in a newspaper of general circulation within the district and
mailed to any known creditors, holders of contracts, and obligees at least thirty days prior to such hearing. After such hearing if the county legislative authority finds that the sewerage
improvement district was operating as a district and that the
converting of such district will be in the best interest of that
district, it shall order that such sewer improvement district
shall become a district immediately upon the passage of the
resolution containing such order. The debts, contracts, and
obligations of any sewerage improvement district which has
been erroneously operating as a district are recognized as
legal and binding. The members of the government authority
of any sewerage improvement district which has been operating as a district and who were erroneously elected as sewer
district commissioners shall be recognized as the governing
authority of a district. The members of the governing authority shall continue in office for the term for which they were
elected. [1996 c 230 § 212; 1979 c 35 § 2. Formerly RCW
56.04.130.]
(2006 Ed.)
Validation and Construction
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.04.140 Formation—Alternative method—New
development. (1) As an alternative means to forming a
water-sewer district, a county legislative authority may
authorize the formation of a water-sewer district to serve a
new development that at the time of formation does not have
any residents, at written request of sixty percent of the owners of the area to be included in the proposed district. The
county legislative authority shall review the proposed district
according to the procedures and criteria in RCW 57.02.040.
(2) The county legislative authority shall appoint the initial water-sewer commissioners of the district. The commissioners shall serve until seventy-five percent of the development is sold and occupied, or until some other time as specified by the county legislative authority when the district is
approved. Commissioners serving under this section are not
entitled to any form of compensation from the district.
(3) New commissioners shall be elected according to the
procedures in chapter 57.12 RCW at the next election held
under *RCW 29.13.010 that follows more than ninety days
after the date seventy-five percent of the development is sold
and occupied, or after the time specified by the county legislative authority when the district is approved.
(4) A water-sewer district created under this section may
be transferred to a city or county, or dissolved if the district is
inactive, by order of the county legislative authority at the
written request of sixty percent of the owners of the area
included in the district. [1997 c 447 § 4.]
57.04.140
*Reviser’s note: RCW 29.13.010 was recodified as RCW 29A.04.320
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.04.320 was
subsequently repealed by 2004 c 271 § 193. Later enactment of RCW
29A.04.320, see RCW 29A.04.321.
Finding—Purpose—Construction—1997 c 447: See notes following
RCW 70.05.074.
Chapter 57.06
Chapter 57.06 RCW
VALIDATION AND CONSTRUCTION
Sections
57.06.010
57.06.020
57.06.030
57.06.040
57.06.050
57.06.060
57.06.070
57.06.080
57.06.090
57.06.100
57.06.110
57.06.120
57.06.130
57.06.140
57.06.150
57.06.160
57.06.170
57.06.180
57.06.190
57.06.200
57.06.210
1927 validation.
1931 validation.
1943 validation.
1943 validation.
1943 validation.
1945 validation.
1945 validation.
1945 validation.
1953 validation.
1953 validation.
1953 validation.
1959 validation.
1959 severability.
1975 validation.
1975 validation.
1975 validation.
1975 validation.
1988 validation.
Sewer districts—Validation—1959 c 103.
Sewer districts—Formation of districts validated.
Sewer districts—Validation of prior mergers.
57.06.010 1927 validation. In case an attempt has been
made to organize a water district not containing within its
boundaries any incorporated city or town, and either through
inadvertence or mistake the election for the organization of
57.06.010
(2006 Ed.)
57.06.040
the district was held more than thirty days from the date of
such certificate of the county auditor but less than sixty days
from such date, such proceedings shall not be deemed invalid
by reason thereof, and in case all other proceedings in connection with the organization of any such water district were
regular, such proceedings are hereby validated and all bonds
and warrants issued or to be issued by any such water district
are hereby declared to be valid. [1927 c 230 § 2; RRS §
11581-1.]
Reviser’s note: This section appeared in an act the first section of
which amended RRS § 11581 which compiled 1913 c 161 § 3 as amended.
1913 c 161 was declared unconstitutional in Drum v. University Place Water
District, 144 Wash. 585, 258 P. 505 (1927). The current basic water district
act codified in this title is 1929 c 114.
57.06.020
57.06.020 1931 validation. Each and all of the respective areas of land heretofore organized or attempted to be
organized or incorporated under *chapter 161 of the Laws of
1913, and amendments thereto, are each hereby declared to
be and created into duly existing water districts having the
respective boundaries set forth in their respective organization proceedings as shown in the files and records of the
office of the board of county commissioners of the county in
which said organization, or attempted organization is located.
The water districts validated or created by this act shall have
the same rights, liabilities, duties and obligations as water
districts created under chapter 114 of the Laws of 1929, and
amendments thereto: PROVIDED, That the provisions of
this act shall apply only to those water districts which have
maintained their organization as water districts since the date
of their attempted incorporation or establishment: PROVIDED, HOWEVER, That nothing herein contained shall be
deemed to validate the debts, contracts, bonds or other obligations executed prior to this act in connection with or in pursuance of such attempted organization, and all taxes or
assessments shall hereafter be levied in accordance with the
act of 1929, chapter 114, approved March 13, 1929. [1931 c
71 § 1; RRS § 11604.]
*Reviser’s note: The language "chapter 161 of the Laws of 1913"
appears in 1931 c 71 § 1. See note following RCW 57.06.010.
57.06.030
57.06.030 1943 validation. Each and all of the respective areas of land heretofore attempted to be organized into
water districts or into local improvement districts or utility
local improvement districts under the provisions of chapter
114 of the Laws of 1929 and amendments thereto, are hereby
validated and declared to be duly existing water districts, or
local improvement districts, or utility local improvement districts, as the case may be, having the respective boundaries
set forth in their organization proceedings as shown by the
files in the office of the board of county commissioners of the
county in question and of such water districts. [1943 c 177 §
1; Rem. Supp. 1943 § 11604-13.]
57.06.040
57.06.040 1943 validation. All debts, contracts, and
obligations heretofore made or incurred by or in favor of any
such water district, local improvement district, or utility local
improvement district, and all bonds or other obligations executed by such districts in connection with or in pursuance of
such attempted organization, and any and all assessments or
levies, and all other things and proceedings done or taken by
[Title 57 RCW—page 7]
57.06.050
Title 57 RCW: Water-Sewer Districts
such districts or by their respective officers acting under or in
pursuance of such attempted organization, are hereby
declared legal and valid and of full force and effect. [1943 c
177 § 2; Rem. Supp. 1943 § 11604-14.]
57.06.050
57.06.050 1943 validation. The provisions of the act
shall apply only to such districts attempted to be organized
under chapter 114 of the Laws of 1929, and amendments
thereto, which have maintained their organization as such
since the date of such attempted organization, establishment,
or creation. [1943 c 177 § 3; Rem. Supp. 1943 § 11604-15.]
57.06.060
57.06.060 1945 validation. Each and all of the respective areas of land heretofore attempted to be organized into
water districts or into local improvement districts or utility
local improvement districts under the provisions of Pierce’s
Perpetual Code 994-1 to -53, chapter 114, Laws of 1929, and
amendments thereto (sections 11579 to 11604, Remington’s
Revised Statutes), are hereby validated and declared to be
duly existing water districts, or local improvement districts,
or utility local improvement districts, as the case may be,
having the respective boundaries set forth in their organization proceedings as shown by the files in the office of the
board of county commissioners of the county in question and
of such water districts. [1945 c 40 § 1; Rem. Supp. 1945 §
11604-17.]
57.06.070
57.06.070 1945 validation. All debts, contracts, and
obligations heretofore made or incurred by or in favor of any
such water district, local improvement district, or utility local
improvement district, and all bonds or other obligations executed by such districts in connection with or in pursuance of
such attempted organization, and any and all assessments or
levies, and all other things and proceedings done or taken by
such districts or by their respective officers acting under or in
pursuance of such attempted organization, are hereby
declared legal and valid and of full force and effect. [1945 c
40 § 2; Rem. Supp. 1945 § 11604-18.]
57.06.080
57.06.080 1945 validation. The provisions of this act
shall apply only to such districts attempted to be organized
under Pierce’s Perpetual Code 994-1 to 53, chapter 114,
Laws of 1929, and amendments thereto (sections 11579 to
11604, Remington’s Revised Statutes), which have maintained their organization as such since the date of such
attempted organization, establishment, or creation. [1945 c
40 § 3; Rem. Supp. 1945 § 11604-19.]
57.06.090
57.06.090 1953 validation. Each and all of the respective areas of land heretofore attempted to be organized into
water districts, including all areas attempted to be annexed
thereto, or into local improvement districts or utility local
improvement districts, under the provisions of chapter 114,
Laws of 1929, and amendments thereto, are hereby validated
and declared to be duly existing water districts, or local
improvement districts, or utility local improvement districts,
as the case may be, having the respective boundaries set forth
in their organization and annexation proceedings as shown by
the files in the office of the board of county commissioners of
[Title 57 RCW—page 8]
the county in question and of such water districts. [1953 c
251 § 25.]
57.06.100
57.06.100 1953 validation. All debts, contracts, and
obligations heretofore made or incurred by or in favor of any
such water district, local improvement district, or utility local
improvement district, and all bonds or other obligations executed by such districts in connection with or in pursuance of
such attempted organization, and any and all assessments or
levies, and all other things and proceedings done or taken by
such districts or by their respective officers acting under or in
pursuance of such attempted organization, are hereby
declared legal and valid and of full force and effect. [1953 c
251 § 26.]
57.06.110
57.06.110 1953 validation. The provisions of this act
shall apply only to such districts attempted to be organized
under chapter 114, Laws of 1929, and amendments thereto,
which have maintained their organization as such since the
date of such attempted organization, establishment, or creation. [1953 c 251 § 27.]
57.06.120
57.06.120 1959 validation. All debts, contracts and
obligations heretofore made or incurred by or in favor of any
water district and all bonds, warrants, or other obligations
issued by such district, and all charges heretofore made by
such districts, and any and all assessments heretofore levied
in any local improvement districts or utility local improvement districts of any water district, and all other things and
proceedings relating thereto done or taken by such water districts or by their respective officers are hereby declared to be
legal and valid and of full force and effect from the date
thereof: PROVIDED, That nothing in this section shall apply
to ultra vires acts or acts of fraud committed by the officers or
agents of said district. [1959 c 108 § 18.]
57.06.130
57.06.130 1959 severability. If any provision of this
act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected.
[1959 c 108 § 20.]
57.06.140
57.06.140 1975 validation. Each and all of the respective areas of land heretofore attempted to be organized into
water districts under the provisions of chapter 114, Laws of
1929, and amendments thereto, are hereby validated and
declared to be duly existing water districts, having the respective boundaries set forth in their organization proceedings as
shown by the files in the office of the board of county commissioners of the county in question and of such water districts. [1975 1st ex.s. c 188 § 15.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
57.06.150
57.06.150 1975 validation. All debts, contracts, and
obligations heretofore made or incurred by or in favor of any
such water district, and all bonds or other obligations executed by such districts in connection with or in pursuance of
such attempted organization, and any and all assessments or
levies, and all other things and proceedings done or taken by
such districts or by their respective officers, including by per(2006 Ed.)
Powers
sons acting as commissioners nominated by petition of at
least twenty-five percent of the qualified electors of the district, and elected and qualified as otherwise provided by law,
acting under or in pursuance of such attempted organization,
are hereby declared legal and valid and of full force and
effect. [1975 1st ex.s. c 188 § 16.]
Chapter 57.08
Reviser’s note: *(1) Chapter 56.04 RCW was repealed and/or recodified in its entirety by 1996 c 230, effective July 1, 1997.
**(2) RCW 56.02.060 was repealed by 1996 c 230 § 1702, effective
July 1, 1997.
***(3) RCW 56.02.070 was recodified as RCW 57.02.045 pursuant to
1996 c 230 § 1701, effective July 1, 1997.
57.06.210
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
57.06.160
57.06.160 1975 validation. The holding and exercise of
the office of commissioner by persons now serving as members of the first board of commissioners under or in pursuance of such attempted organization, nominated by petition
of at least twenty-five percent of the qualified electors of the
district, and elected and qualified as otherwise provided by
law, is hereby declared legal and valid and of full force and
effect. [1975 1st ex.s. c 188 § 17.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
57.06.170
57.06.170 1975 validation. RCW 57.06.140 through
57.06.160 shall apply only to such districts attempted to be
organized under chapter 114, Laws of 1929, and amendments
thereto, which have maintained their organization as such
since the date of such attempted organization, establishment,
or creation, or which have been merged into another municipal corporation. [1975 1st ex.s. c 188 § 18.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
57.06.180
57.06.180 1988 validation. The existence of all water
districts formed in counties without a boundary review board
in compliance with the requirements of chapter 57.04 RCW,
whether or not the requirements of RCW 57.02.040 and
*56.02.070 were satisfied, is validated and such districts shall
be deemed to be legally formed. [1988 c 162 § 9.]
*Reviser’s note: RCW 56.02.070 was recodified as RCW 57.02.045 by
1996 c 230 § 1701, effective July 1, 1997.
57.06.190
57.06.190 Sewer districts—Validation—1959 c 103.
All debts, contracts and obligations heretofore made or
incurred by or in favor of any sewer district, all bonds, warrants, or other obligations issued by such districts, any connection or service charges made by such districts, any and all
assessments heretofore levied in any utility local improvement districts of any sewer districts, and all other things and
proceedings relating thereto done or taken by such sewer districts or by their respective officers are hereby declared to be
legal and valid and of full force and effect from the date
thereof: PROVIDED, That nothing in this section shall apply
to ultra vires acts or acts of fraud committed by the officers or
agents of said district. [1959 c 103 § 17. Formerly RCW
56.02.030.]
57.06.210 Sewer districts—Validation of prior mergers. Each and all of the respective areas of land organized as
a water district and heretofore attempted to be merged into a
sewer district under chapter 148 of the Laws of 1969 [ex.
sess.], and amendments thereto, and which have maintained
their organization as part of a sewer district since the date of
such attempted merger, are hereby validated and declared to
be a proper merger of a water district into a sewer district.
Such district shall have the respective boundaries set forth in
their merger proceedings as shown by the official files of the
legislative authority of the county in which such merged district is located. All debts, contracts, bonds, and other obligations heretofore executed in connection with or in pursuance
of such attempted organization, and any and all assessments
or levies and all other actions taken by such districts or by
their respective officers acting under such attempted organization, are hereby declared legal and valid and of full force
and effect. Such districts may hereafter exercise their powers
only to the extent permitted by and in accordance with the
provisions of *RCW 56.36.060, as now or hereafter
amended. [1981 c 45 § 8. Formerly RCW 56.36.070.]
*Reviser’s note: RCW 56.36.060 was repealed by 1996 c 230 § 1702,
effective July 1, 1997.
Legislative declaration—"District" defined—Severability—1981 c
45: See notes following RCW 36.93.090.
Chapter 57.08
Sections
57.08.005
57.08.007
57.08.009
57.08.011
57.08.012
57.08.014
57.08.015
57.08.016
57.08.017
57.08.020
57.08.030
57.08.035
57.08.040
57.08.044
Severability—1959 c 103: See note following RCW 57.08.044.
57.08.047
57.06.200
57.06.200 Sewer districts—Formation of districts
validated. The existence of all sewer districts formed in
counties without a boundary review board in compliance
with the requirements of *chapter 56.04 RCW, whether or
not the requirements of RCW **56.02.060 and ***56.02.070
were satisfied, is validated and such districts shall be deemed
to be legally formed. [1988 c 162 § 8. Formerly RCW
56.02.080.]
(2006 Ed.)
Chapter 57.08 RCW
POWERS
57.08.050
57.08.060
57.08.065
57.08.070
57.08.081
57.08.085
Powers.
Concurrent service by two districts.
Use of property not immediately necessary to district for park
or recreational purposes.
Authority to manage, operate, maintain, or repair public or private water system—Contract.
Fluoridation of water authorized.
Authority to adjust or delay rates or charges for low-income
persons—Notice.
Sale of unnecessary property authorized—Notice.
Sale of unnecessary property authorized—Additional requirements for sale of realty.
Application of sections to certain service provider agreements
under chapter 70.150 RCW.
Conveyance of water system to city or town.
Election on conveyance—Contract for operation of facilities.
Effect when city or town takes over portion of water system.
City or town may accept and agree to maintain system.
Contracts for acquisition, use, operation, etc., authorized—
Service to areas in other districts.
Provision of water, sewer, or drainage service beyond district
subject to review by boundary review board.
Contracts for materials and work—Notice—Bids—Small
works roster—Requirements waived, when.
Powers as to street lighting systems—Establishment.
Powers as to mutual systems—Overlapping districts—Operation of system of sewerage or drainage by former water district.
Participation in volunteer fire fighters’ relief and pension fund.
Rates and charges—Delinquencies.
Public property subject to rates and charges for drainage facilities.
[Title 57 RCW—page 9]
57.08.005
57.08.100
57.08.105
57.08.107
57.08.112
57.08.120
57.08.140
57.08.150
57.08.160
57.08.170
57.08.180
57.08.190
Title 57 RCW: Water-Sewer Districts
Health care, group, life, and social security insurance contracts
for employees’, commissioners’ benefit—Joint action with
other districts.
Liability insurance for officials and employees.
Liability insurance for officers and employees authorized.
Association of commissioners—Association to furnish information to legislature and governor.
Lease of real property—Notice, contents, publication—Performance bond or security.
RCW 39.33.060 to govern on sales by district for park and recreational purposes.
Extensions by private party—Preparation of plans—Review
by district.
Authority to assist customers in the acquisition of water conservation equipment—Limitations.
Water conservation plan—Emergency water use restrictions—
Fine.
Sewer, drainage, and water connections without district permission—Penalties.
Cooperative watershed management.
Lien for labor and materials on public works: Chapter 60.28 RCW.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
57.08.005
57.08.005 Powers. A district shall have the following
powers:
(1) To acquire by purchase or condemnation, or both, all
lands, property and property rights, and all water and water
rights, both within and without the district, necessary for its
purposes. The right of eminent domain shall be exercised in
the same manner and by the same procedure as provided for
cities and towns, insofar as consistent with this title, except
that all assessment or reassessment rolls to be prepared and
filed by eminent domain commissioners or commissioners
appointed by the court shall be prepared and filed by the district, and the duties devolving upon the city treasurer are
imposed upon the county treasurer;
(2) To lease real or personal property necessary for its
purposes for a term of years for which that leased property
may reasonably be needed;
(3) To construct, condemn and purchase, add to, maintain, and supply waterworks to furnish the district and inhabitants thereof and any other persons, both within and without
the district, with an ample supply of water for all uses and
purposes public and private with full authority to regulate and
control the use, content, distribution, and price thereof in
such a manner as is not in conflict with general law and may
construct, acquire, or own buildings and other necessary district facilities. Where a customer connected to the district’s
system uses the water on an intermittent or transient basis, a
district may charge for providing water service to such a customer, regardless of the amount of water, if any, used by the
customer. District waterworks may include facilities which
result in combined water supply and electric generation, if the
electricity generated thereby is a byproduct of the water supply system. That electricity may be used by the district or
sold to any entity authorized by law to use or distribute electricity. Electricity is deemed a byproduct when the electrical
generation is subordinate to the primary purpose of water
supply. For such purposes, a district may take, condemn and
purchase, acquire, and retain water from any public or navigable lake, river or watercourse, or any underflowing water,
and by means of aqueducts or pipeline conduct the same
throughout the district and any city or town therein and carry
it along and upon public highways, roads, and streets, within
and without such district. For the purpose of constructing or
[Title 57 RCW—page 10]
laying aqueducts or pipelines, dams, or waterworks or other
necessary structures in storing and retaining water or for any
other lawful purpose such district may occupy the beds and
shores up to the high water mark of any such lake, river, or
other watercourse, and may acquire by purchase or condemnation such property or property rights or privileges as may
be necessary to protect its water supply from pollution. For
the purposes of waterworks which include facilities for the
generation of electricity as a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to
acquire such rights or facilities without the consent of the
owner;
(4) To purchase and take water from any municipal corporation, private person, or entity. A district contiguous to
Canada may contract with a Canadian corporation for the
purchase of water and for the construction, purchase, maintenance, and supply of waterworks to furnish the district and
inhabitants thereof and residents of Canada with an ample
supply of water under the terms approved by the board of
commissioners;
(5) To construct, condemn and purchase, add to, maintain, and operate systems of sewers for the purpose of furnishing the district, the inhabitants thereof, and persons outside the district with an adequate system of sewers for all uses
and purposes, public and private, including but not limited to
on-site sewage disposal facilities, approved septic tanks or
approved septic tank systems, on-site sanitary sewerage systems, inspection services and maintenance services for private and public on-site systems, point and nonpoint water
pollution monitoring programs that are directly related to the
sewerage facilities and programs operated by a district, other
facilities, programs, and systems for the collection, interception, treatment, and disposal of wastewater, and for the control of pollution from wastewater with full authority to regulate the use and operation thereof and the service rates to be
charged. Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner’s agent, or trained owner. Training must
occur in a program approved by the state board of health or
by a local health officer. Sewage facilities may include facilities which result in combined sewage disposal or treatment
and electric generation, except that the electricity generated
thereby is a byproduct of the system of sewers. Such electricity may be used by the district or sold to any entity authorized
by law to distribute electricity. Electricity is deemed a
byproduct when the electrical generation is subordinate to the
primary purpose of sewage disposal or treatment. For such
purposes a district may conduct sewage throughout the district and throughout other political subdivisions within the
district, and construct and lay sewer pipe along and upon
public highways, roads, and streets, within and without the
district, and condemn and purchase or acquire land and rights
of way necessary for such sewer pipe. A district may erect
sewage treatment plants within or without the district, and
may acquire, by purchase or condemnation, properties or
privileges necessary to be had to protect any lakes, rivers, or
watercourses and also other areas of land from pollution from
(2006 Ed.)
Powers
its sewers or its sewage treatment plant. For the purposes of
sewage facilities which include facilities that result in combined sewage disposal or treatment and electric generation
where the electric generation is a byproduct, nothing in this
section may be construed to authorize a district to condemn
electric generating, transmission, or distribution rights or
facilities of entities authorized by law to distribute electricity,
or to acquire such rights or facilities without the consent of
the owners;
(6)(a) To construct, condemn and purchase, add to,
maintain, and operate systems of drainage for the benefit and
use of the district, the inhabitants thereof, and persons outside
the district with an adequate system of drainage, including
but not limited to facilities and systems for the collection,
interception, treatment, and disposal of storm or surface
waters, and for the protection, preservation, and rehabilitation of surface and underground waters, and drainage facilities for public highways, streets, and roads, with full authority to regulate the use and operation thereof and, except as
provided in (b) of this subsection, the service rates to be
charged.
(b) The rate a district may charge under this section for
storm or surface water sewer systems or the portion of the
rate allocable to the storm or surface water sewer system of
combined sanitary sewage and storm or surface water sewer
systems shall be reduced by a minimum of ten percent for any
new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate
reductions in excess of ten percent dependent upon the
amount of rainwater harvested.
(c) Drainage facilities may include natural systems.
Drainage facilities may include facilities which result in combined drainage facilities and electric generation, except that
the electricity generated thereby is a byproduct of the drainage system. Such electricity may be used by the district or
sold to any entity authorized by law to distribute electricity.
Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of drainage collection, disposal, and treatment. For such purposes, a district
may conduct storm or surface water throughout the district
and throughout other political subdivisions within the district, construct and lay drainage pipe and culverts along and
upon public highways, roads, and streets, within and without
the district, and condemn and purchase or acquire land and
rights of way necessary for such drainage systems. A district
may provide or erect facilities and improvements for the
treatment and disposal of storm or surface water within or
without the district, and may acquire, by purchase or condemnation, properties or privileges necessary to be had to
protect any lakes, rivers, or watercourses and also other areas
of land from pollution from storm or surface waters. For the
purposes of drainage facilities which include facilities that
also generate electricity as a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to
acquire such rights or facilities without the consent of the
owners;
(2006 Ed.)
57.08.005
(7) To construct, condemn, acquire, and own buildings
and other necessary district facilities;
(8) To compel all property owners within the district
located within an area served by the district’s system of sewers to connect their private drain and sewer systems with the
district’s system under such penalty as the commissioners
shall prescribe by resolution. The district may for such purpose enter upon private property and connect the private
drains or sewers with the district system and the cost thereof
shall be charged against the property owner and shall be a
lien upon property served;
(9) Where a district contains within its borders, abuts, or
is located adjacent to any lake, stream, ground water as
defined by RCW 90.44.035, or other waterway within the
state of Washington, to provide for the reduction, minimization, or elimination of pollutants from those waters in accordance with the district’s comprehensive plan, and to issue
general obligation bonds, revenue bonds, local improvement
district bonds, or utility local improvement bonds for the purpose of paying all or any part of the cost of reducing, minimizing, or eliminating the pollutants from these waters;
(10) Subject to subsection (6) of this section, to fix rates
and charges for water, sewer, and drain service supplied and
to charge property owners seeking to connect to the district’s
systems, as a condition to granting the right to so connect, in
addition to the cost of the connection, such reasonable connection charge as the board of commissioners shall determine
to be proper in order that those property owners shall bear
their equitable share of the cost of the system. For the purposes of calculating a connection charge, the board of commissioners shall determine the pro rata share of the cost of
existing facilities and facilities planned for construction
within the next ten years and contained in an adopted comprehensive plan and other costs borne by the district which
are directly attributable to the improvements required by
property owners seeking to connect to the system. The cost
of existing facilities shall not include those portions of the
system which have been donated or which have been paid for
by grants. The connection charge may include interest
charges applied from the date of construction of the system
until the connection, or for a period not to exceed ten years,
whichever is shorter, at a rate commensurate with the rate of
interest applicable to the district at the time of construction or
major rehabilitation of the system, or at the time of installation of the lines to which the property owner is seeking to
connect. In lieu of requiring the installation of permanent
local facilities not planned for construction by the district, a
district may permit connection to the water and/or sewer systems through temporary facilities installed at the property
owner’s expense, provided the property owner pays a connection charge consistent with the provisions of this chapter
and agrees, in the future, to connect to permanent facilities
when they are installed; or a district may permit connection to
the water and/or sewer systems through temporary facilities
and collect from property owners so connecting a proportionate share of the estimated cost of future local facilities needed
to serve the property, as determined by the district. The
amount collected, including interest at a rate commensurate
with the rate of interest applicable to the district at the time of
construction of the temporary facilities, shall be held for contribution to the construction of the permanent local facilities
[Title 57 RCW—page 11]
57.08.007
Title 57 RCW: Water-Sewer Districts
by other developers or the district. The amount collected
shall be deemed full satisfaction of the proportionate share of
the actual cost of construction of the permanent local facilities. If the permanent local facilities are not constructed
within fifteen years of the date of payment, the amount collected, including any accrued interest, shall be returned to the
property owner, according to the records of the county auditor on the date of return. If the amount collected is returned
to the property owner, and permanent local facilities capable
of serving the property are constructed thereafter, the property owner at the time of construction of such permanent
local facilities shall pay a proportionate share of the cost of
such permanent local facilities, in addition to reasonable connection charges and other charges authorized by this section.
A district may permit payment of the cost of connection and
the reasonable connection charge to be paid with interest in
installments over a period not exceeding fifteen years. The
county treasurer may charge and collect a fee of three dollars
for each year for the treasurer’s services. Those fees shall be
a charge to be included as part of each annual installment, and
shall be credited to the county current expense fund by the
county treasurer. Revenues from connection charges excluding permit fees are to be considered payments in aid of construction as defined by department of revenue rule. Rates or
charges for on-site inspection and maintenance services may
not be imposed under this chapter on the development, construction, or reconstruction of property.
Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site
inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area
that have on-site systems permitted by the local health
officer. The notice must clearly state that the residence is
within the proposed service area and must provide information on estimated rates or charges that may be imposed for the
service.
A water-sewer district shall not provide on-site sewage
system inspection, pumping services, or other maintenance or
repair services under this section using water-sewer district
employees unless the on-site system is connected by a publicly owned collection system to the water-sewer district’s
sewerage system, and the on-site system represents the first
step in the sewage disposal process.
Except as otherwise provided in RCW 90.03.525, any
public entity and public property, including the state of
Washington and state property, shall be subject to rates and
charges for sewer, water, storm water control, drainage, and
street lighting facilities to the same extent private persons and
private property are subject to those rates and charges that are
imposed by districts. In setting those rates and charges, consideration may be made of in-kind services, such as stream
improvements or donation of property;
(11) To contract with individuals, associations and corporations, the state of Washington, and the United States;
(12) To employ such persons as are needed to carry out
the district’s purposes and fix salaries and any bond requirements for those employees;
(13) To contract for the provision of engineering, legal,
and other professional services as in the board of commissioner’s discretion is necessary in carrying out their duties;
[Title 57 RCW—page 12]
(14) To sue and be sued;
(15) To loan and borrow funds and to issue bonds and
instruments evidencing indebtedness under chapter 57.20
RCW and other applicable laws;
(16) To transfer funds, real or personal property, property interests, or services subject to RCW 57.08.015;
(17) To levy taxes in accordance with this chapter and
chapters 57.04 and 57.20 RCW;
(18) To provide for making local improvements and to
levy and collect special assessments on property benefitted
thereby, and for paying for the same or any portion thereof in
accordance with chapter 57.16 RCW;
(19) To establish street lighting systems under RCW
57.08.060;
(20) To exercise such other powers as are granted to
water-sewer districts by this title or other applicable laws;
and
(21) To exercise any of the powers granted to cities and
counties with respect to the acquisition, construction, maintenance, operation of, and fixing rates and charges for waterworks and systems of sewerage and drainage. [2004 c 202 §
1; 2003 c 394 § 5; 1999 c 153 § 2; 1997 c 447 § 16; 1996 c
230 § 301.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.007
57.08.007 Concurrent service by two districts.
Except upon approval of both districts by resolution, a district
may not provide a service within an area in which that service
is available from another district or within an area in which
that service is planned to be made available under an effective comprehensive plan of another district. [1996 c 230 §
302.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.009
57.08.009 Use of property not immediately necessary
to district for park or recreational purposes. A district
may operate and maintain a park or recreational facilities on
real property that it owns or in which it has an interest that is
not immediately necessary for its purposes.
If such park or recreational facilities are operated by a
person other than the district, including a corporation, partnership, or other business enterprise, the person shall indemnify and hold harmless the district for any injury or damage
caused by the action of the person. [1991 c 82 § 3. Formerly
RCW 56.08.170.]
57.08.011
57.08.011 Authority to manage, operate, maintain, or
repair public or private water system—Contract. A district may enter into a contract with any person, corporation,
or other entity, public or private, that owns a water system
located in the district to manage, operate, maintain, or repair
the water system. Such a contract may be entered into only if
the general comprehensive plan of the district reflects the
water system that is to be so managed, operated, maintained,
or repaired.
(2006 Ed.)
Powers
57.08.017
needed for district purposes and if the board gives notice of
intention to sell as in this section provided. However, no such
notice of intention shall be required to sell personal property
of less than two thousand five hundred dollars in value.
The notice of intention to sell shall be published once a
week for two consecutive weeks in a newspaper of general
circulation in the district. The notice shall describe the property and state the time and place at which it will be sold or
offered for sale, the terms of sale, whether the property is to
be sold at public or private sale, and if at public sale the notice
shall call for bids, fix the conditions of the bids and reserve
the right to reject any and all bids for good cause. [1999 c
153 § 4; 1996 c 230 § 305; 1993 c 198 § 19; 1989 c 308 § 7;
1977 ex.s. c 299 § 2; 1953 c 50 § 1.]
A district shall be liable to provide the services provided
in such a contract only if the required contractual payments
are made to the district, and such payments shall be secured
by a lien on the property served by the water system to the
same extent that rates and charges imposed by the district
constitute liens on the property served by the district. The
responsibility for all costs incurred by the water system in
complying with water quality laws, regulations, and standards shall be solely that of the water system and not the district, except to the extent payments have been made to the
district for the costs of such compliance.
A district periodically may transfer to another account
surplus moneys that may accumulate in an account established by the district to receive payments for the provision of
services for such a water system. [1996 c 230 § 303; 1989 c
308 § 14.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.012
57.08.012 Fluoridation of water authorized. A water
district by a majority vote of its board of commissioners may
fluoridate the water supply system of the water district. The
commissioners may cause the proposition of fluoridation of
the water supply to be submitted to the electors of the water
district at any general election or special election to be called
for the purpose of voting on the proposition. The proposition
must be approved by a majority of the electors voting on the
proposition to become effective. [1988 c 11 § 2.]
57.08.014
57.08.014 Authority to adjust or delay rates or
charges for low-income persons—Notice. In addition to
the authority of a district to establish classifications for rates
and charges and impose such rates and charges, a district may
adjust or delay those rates and charges for low-income persons or classes of low-income persons, including but not limited to, low-income handicapped persons and low-income
senior citizens. Other financial assistance available to lowincome persons shall be considered in determining charges
and rates under this section. Notification of special rates or
charges established under this section shall be provided to all
persons served by the district annually and upon initiating
service. Information on cost shifts caused by establishment of
the special rates or charges shall be included in the notification. Any reduction in charges and rates granted to lowincome persons in one part of a service area shall be uniformly extended to low-income persons in all other parts of
the service area. [1999 c 153 § 3; 1996 c 230 § 304; 1983 c
198 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Severability—1983 c 198: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 198 § 3.]
57.08.016
57.08.016 Sale of unnecessary property authorized—
Additional requirements for sale of realty. (1) There shall
be no private sale of real property where the appraised value
exceeds the sum of two thousand five hundred dollars. Subject to the provisions of subsection (2) of this section, no real
property of the district shall be sold for less than ninety percent of the value thereof as established by a written appraisal
made not more than six months prior to the date of sale by
three disinterested real estate brokers licensed under the laws
of the state or professionally designated real estate appraisers
as defined in RCW 74.46.020. The appraisal shall be signed
by the appraisers and filed with the secretary of the board of
commissioners of the district, who shall keep it at the office
of the district open to public inspection. Any notice of intention to sell real property of the district shall recite the
appraised value thereof.
(2) If no purchasers can be obtained for the property at
ninety percent or more of its appraised value after one hundred twenty days of offering the property for sale, the board
of commissioners of the district may adopt a resolution stating that the district has been unable to sell the property at the
ninety percent amount. The district then may sell the property
at the highest price it can obtain at public auction. A notice of
intention to sell at public auction shall be published once a
week for two consecutive weeks in a newspaper of general
circulation in the district. The notice shall describe the property, state the time and place at which it will be offered for
sale and the terms of sale, and shall call for bids, fix the conditions thereof, and reserve the right to reject any and all bids
for good cause. [1999 c 153 § 5; 1996 c 230 § 306; 1993 c
198 § 20; 1989 c 308 § 8; 1988 c 162 § 2; 1984 c 103 § 3;
1953 c 50 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.017
57.08.015
57.08.015 Sale of unnecessary property authorized—
Notice. The board of commissioners of a district may sell, at
public or private sale, property belonging to the district if the
board determines that the property is not and will not be
(2006 Ed.)
57.08.017 Application of sections to certain service
provider agreements under chapter 70.150 RCW. RCW
57.08.015, 57.08.016, 57.08.050, and 57.08.120 shall not
apply to agreements entered into under authority of chapter
70.150 RCW if there is compliance with the procurement
[Title 57 RCW—page 13]
57.08.020
Title 57 RCW: Water-Sewer Districts
procedure under RCW 70.150.040. [1996 c 230 § 321; 1986
c 244 § 16.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Severability—1986 c 244: See RCW 70.150.905.
57.08.020 Conveyance of water system to city or
town. That water districts duly organized under the laws of
the state of Washington shall have the following powers in
addition to those conferred by existing statutes. Whenever
any water district shall have installed a distributing system of
mains and laterals and as a source of supply of water shall be
purchasing or intending to purchase water from any city or
town, and whenever it shall appear to be advantageous to the
water consumers in said water district that such city or town
shall take over the water system of the water district and supply water to the said water users, the commissioners of said
water district, upon being authorized as provided in RCW
57.08.030, shall have the right to convey such distributing
system to any such city or town: PROVIDED, Such city or
town is willing to accept, maintain and repair the same:
PROVIDED, FURTHER, That all bonded and other indebtedness of said water district except local improvement district bonds shall have been paid. [1933 c 142 § 1; RRS §
11586-1.]
agreement, and for any lien of all general obligation bonds
due at the date of the contract, and the city or town shall
remain liable for its fair prorated share of the debt of the area
for any revenue bonds, outstanding as of the date of contract.
[1999 c 153 § 6; 1996 c 230 § 307; 1933 c 142 § 2; RRS §
11586-2.]
57.08.020
57.08.030 Election on conveyance—Contract for
operation of facilities. (1) Whenever any district shall have
installed a distributing system of water mains and laterals,
and as a source of supply of water shall be purchasing or
intending to purchase water from any city or town, and whenever it appears to be advantageous to the water consumers in
the district that such city or town shall take over the water
system of the district and supply water to those water users,
the commissioners of the district, when authorized as provided in subsection (2) of this section, shall have the right to
convey the distributing system to that city or town if that city
or town is willing to accept, maintain, and repair the same.
(2) Should the commissioners of the district decide that
it would be to the advantage of the water consumers of the
district to make the conveyance provided for in subsection
(1) of this section, they shall cause the proposition of making
that conveyance to be submitted to the voters of the district at
any general election or at a special election to be called for
the purpose of voting on the same. If at the election a majority
of the voters voting on the proposition shall be in favor of
making the conveyance, the district commissioners shall
have the right to convey to the city or town the mains and laterals belonging to the district upon the city or town entering
into a contract satisfactory to the commissioners to maintain
and repair the same.
(3) Whenever a city or town located wholly or in part
within a district shall enter into a contract with the commissioners of a district providing that the city or town shall take
over all of the operation of the water supply facilities of the
district located within its boundaries, the area of the district
located within the city or town shall upon the execution of the
contract cease to be served by the district for water service
purposes. However, the affected land within that city or town
shall remain liable for the payment of all assessments, any
lien upon the property at the time of the execution of the
57.08.030
[Title 57 RCW—page 14]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.035
57.08.035 Effect when city or town takes over portion
of water system. Whenever a city or town located wholly or
in part within a water district shall enter into a contract with
the commissioners of a water district providing that the city
or town shall take over all of the operation of the facilities of
the district located within its boundaries, such area of said
water district located within said city or town shall upon the
execution of said contract cease to be a part of said water district and the inhabitants therein shall no longer be permitted
to vote in said water district. The land, however, within such
city or town shall remain liable for the payment of all assessments, any lien upon said property at the time of the execution of said agreement and for any lien of all general obligation bonds due at the date of said contract, and the city shall
remain liable for its fair prorated share of the debt of the area
for any revenue bonds outstanding as of said date of contract.
[1971 ex.s. c 272 § 13.]
57.08.040
57.08.040 City or town may accept and agree to
maintain system. Whenever any city or town is selling or
proposes to sell water to a district, the city or town may by
ordinance accept a conveyance of any distributing system
and enter into a contract with the district for the maintenance
and repair of the system and the supplying of water to the district consumers. [1996 c 230 § 308; 1933 c 142 § 3; RRS §
11586-3.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.044
57.08.044 Contracts for acquisition, use, operation,
etc., authorized—Service to areas in other districts. A
district may enter into contracts with any county, city, town,
or any other municipal or quasi-municipal corporation, or
with any private person or corporation, for the acquisition,
ownership, use, and operation of any property, facilities, or
services, within or without the district, and necessary or
desirable to carry out the purposes of the district. A district
may provide water, sewer, drainage, or street lighting services to property owners in areas within or without the limits
of the district, except that if the area to be served is located
within another existing district duly authorized to exercise
district powers in that area, then water, sewer, drainage, or
street lighting service may not be so provided by contract or
otherwise without the consent by resolution of the board of
commissioners of that other district. [1999 c 153 § 7; 1996 c
230 § 309; 1981 c 45 § 4; 1959 c 103 § 3; 1953 c 250 § 8;
1941 c 210 § 48; Rem. Supp. 1941 § 9425-57. Formerly
RCW 56.08.060.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
(2006 Ed.)
Powers
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Legislative declaration—"District" defined—Severability—1981 c
45: See notes following RCW 36.93.090.
Severability—1959 c 103: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1959 c 103 § 19.]
Water-sewer districts and municipalities, joint agreements: RCW
35.67.300.
57.08.047
57.08.047 Provision of water, sewer, or drainage service beyond district subject to review by boundary review
board. The provision of water, sewer, or drainage service
beyond the boundaries of a district may be subject to potential review by a boundary review board under chapter 36.93
RCW. [1999 c 153 § 8; 1996 c 230 § 310; 1989 c 84 § 57.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.050
57.08.050 Contracts for materials and work—
Notice—Bids—Small works roster—Requirements
waived, when. (1) All work ordered, the estimated cost of
which is in excess of ten thousand dollars, shall be let by contract and competitive bidding. Before awarding any such
contract the board of commissioners shall publish a notice in
a newspaper of general circulation where the district is
located at least once thirteen days before the last date upon
which bids will be received, inviting sealed proposals for
such work, plans and specifications which must at the time of
publication of such notice be on file in the office of the board
of commissioners subject to the public inspection. The notice
shall state generally the work to be done and shall call for
proposals for doing the same to be sealed and filed with the
board of commissioners on or before the day and hour named
therein.
Each bid shall be accompanied by a certified or cashier’s
check or postal money order payable to the order of the
county treasurer for a sum not less than five percent of the
amount of the bid, or accompanied by a bid bond in an
amount not less than five percent of the bid with a corporate
surety licensed to do business in the state, conditioned that
the bidder will pay the district as liquidated damages the
amount specified in the bond, unless the bidder enters into a
contract in accordance with the bidder’s bid, and no bid shall
be considered unless accompanied by such check, cash or bid
bond. At the time and place named such bids shall be publicly opened and read and the board of commissioners shall
proceed to canvass the bids and may let such contract to the
lowest responsible bidder upon plans and specifications on
file or to the best bidder submitting the bidder’s own plans
and specifications. The board of commissioners may reject
all bids for good cause and readvertise and in such case all
checks, cash or bid bonds shall be returned to the bidders. If
the contract is let, then all checks, cash, or bid bonds shall be
returned to the bidders, except that of the successful bidder,
which shall be retained until a contract shall be entered into
for doing the work, and a bond to perform such work furnished with sureties satisfactory to the board of commissioners in the full amount of the contract price between the bidder
(2006 Ed.)
57.08.060
and the commission in accordance with the bid. If the bidder
fails to enter into the contract in accordance with the bid and
furnish the bond within ten days from the date at which the
bidder is notified that the bidder is the successful bidder, the
check, cash, or bid bonds and the amount thereof shall be forfeited to the district. If the bidder fails to enter into a contract
in accordance with the bidder’s bid, and the board of commissioners deems it necessary to take legal action to collect
on any bid bond required by this section, then the district
shall be entitled to collect from the bidder any legal expenses,
including reasonable attorneys’ fees occasioned thereby. A
low bidder who claims error and fails to enter into a contract
is prohibited from bidding on the same project if a second or
subsequent call for bids is made for the project.
(2) As an alternative to requirements under subsection
(1) of this section, a water-sewer district may let contracts
using the small works roster process under RCW 39.04.155.
(3) Any purchase of materials, supplies, or equipment,
with an estimated cost in excess of ten thousand dollars, shall
be by contract. Any purchase of materials, supplies, or
equipment, with an estimated cost of less than fifty thousand
dollars shall be made using the process provided in RCW
39.04.190. Any purchase of materials, supplies, or equipment with an estimated cost of fifty thousand dollars or more
shall be made by competitive bidding following the procedure for letting contracts for projects under subsection (1) of
this section.
(4) As an alternative to requirements under subsection
(3) of this section, a water-sewer district may let contracts for
purchase of materials, supplies, or equipment with the suppliers designated on current state agency, county, city, or town
purchasing rosters for the materials, supplies, or equipment,
when the roster has been established in accordance with the
competitive bidding law for purchases applicable to the state
agency, county, city, or town. The price and terms for purchases shall be as described on the applicable roster.
(5) The board may waive the competitive bidding
requirements of this section pursuant to RCW 39.04.280 if an
exemption contained within that section applies to the purchase or public work. [2003 c 145 § 1; 2003 c 60 § 1; 2000 c
138 § 212; 1999 c 153 § 9; 1998 c 278 § 8; 1997 c 245 § 4.
Prior: 1996 c 230 § 311; 1996 c 18 § 14; 1994 c 31 § 2; prior:
1993 c 198 § 21; 1993 c 45 § 8; 1989 c 105 § 2; 1987 c 309 §
2; 1985 c 154 § 2; 1983 c 38 § 2; 1979 ex.s. c 137 § 2; 1975
1st ex.s. c 64 § 2; 1965 c 72 § 1; 1947 c 216 § 2; 1929 c 114
§ 21; Rem. Supp. 1947 § 11598. Cf. 1913 c 161 § 20.]
Reviser’s note: This section was amended by 2003 c 60 § 1 and by
2003 c 145 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.060
57.08.060 Powers as to street lighting systems—
Establishment. In addition to the powers given districts by
law, a district shall also have power to acquire, construct,
maintain, operate, and develop street lighting systems.
[Title 57 RCW—page 15]
57.08.065
Title 57 RCW: Water-Sewer Districts
To establish a street lighting system, the board of commissioners shall adopt a resolution proposing a street lighting
system and delineating the boundaries of the area to be served
by the proposed street lighting system. The board shall conduct a public hearing on the resolution to create a street lighting system. Notice of the hearing shall be published at least
once each week for two consecutive weeks in one or more
newspapers of general circulation in the area to be served by
the proposed street lighting system. Following the hearing,
the board may by resolution establish the street lighting system.
A street lighting system shall not be established if,
within thirty days following the decision of the board, a petition opposing the street lighting system is filed with the board
and contains the signatures of at least forty percent of the voters registered in the area to be served by the proposed system.
The district has the same powers of imposing charges for
providing street lighting, collecting delinquent street lighting
charges, and financing street lighting systems by issuing general obligation bonds, issuing revenue bonds, and creating
improvement districts as it has for imposing charges for providing water, collecting delinquent water service charges,
and financing water systems by issuing general obligation
bonds, issuing revenue bonds, and creating improvement districts. [1996 c 230 § 312; 1987 c 449 § 11; 1982 c 105 § 1;
1941 c 68 § 1; Rem. Supp. 1941 § 11604-12.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.065
57.08.065 Powers as to mutual systems—Overlapping districts—Operation of system of sewerage or drainage by former water district. (1) A district shall have
power to establish, maintain, and operate a mutual water,
sewerage, drainage, and street lighting system, a mutual system of any two or three of the systems, or separate systems.
(2) Where any two or more districts include the same territory as of July 1, 1997, none of the overlapping districts
may provide any service that was made available by any of
the other districts prior to July 1, 1997, within the overlapping territory without the consent by resolution of the board
of commissioners of the other district or districts.
(3) A district that was a water district prior to July 1,
1997, that did not operate a system of sewerage or drainage
prior to July 1, 1997, may not proceed to exercise the powers
to establish, maintain, construct, and operate any system of
sewerage or drainage without first obtaining written approval
and certification of necessity from the department of ecology
and department of health. Any comprehensive plan for a system of sewers or drainages or addition thereto or betterment
thereof, proposed by a district that was a water district prior
to July 1, 1997, shall be approved by the same county and
state officials as were required to approve such plans adopted
by a sewer district immediately prior to July 1, 1997, and as
subsequently may be required. [1999 c 153 § 10; 1997 c 447
§ 17; 1996 c 230 § 313; 1981 c 45 § 11; 1979 c 141 § 69; 1967
ex.s. c 135 § 3; 1963 c 111 § 1.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
[Title 57 RCW—page 16]
Legislative declaration—"District" defined—Severability—1981 c
45: See notes following RCW 36.93.090.
57.08.070
57.08.070 Participation in volunteer fire fighters’
relief and pension fund. See chapter 41.24 RCW.
57.08.081
57.08.081 Rates and charges—Delinquencies. (1)
Subject to RCW 57.08.005(6), the commissioners of any district shall provide for revenues by fixing rates and charges for
furnishing sewer and drainage service and facilities to those
to whom service is available or for providing water, such
rates and charges to be fixed as deemed necessary by the
commissioners, so that uniform charges will be made for the
same class of customer or service and facility. Rates and
charges may be combined for the furnishing of more than one
type of sewer or drainage service and facilities.
(2) In classifying customers of such water, sewer, or
drainage system, the board of commissioners may in its discretion consider any or all of the following factors: The difference in cost to various customers; the location of the various customers within and without the district; the difference
in cost of maintenance, operation, repair, and replacement of
the various parts of the system; the different character of the
service furnished various customers; the quantity and quality
of the service and facility furnished; the time of its use; the
achievement of water conservation goals and the discouragement of wasteful practices; capital contributions made to the
system including but not limited to assessments; and any
other matters which present a reasonable difference as a
ground for distinction. Rates shall be established as deemed
proper by the commissioners and as fixed by resolution and
shall produce revenues sufficient to take care of the costs of
maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other
charges necessary for efficient and proper operation of the
system. Prior to furnishing services, a district may require a
deposit to guarantee payment for services. However, failure
to require a deposit does not affect the validity of any lien
authorized by this section.
(3) The commissioners shall enforce collection of connection charges, and rates and charges for water supplied
against property owners connecting with the system or
receiving such water, and for sewer and drainage services
charged against property to which and its owners to whom
the service is available, such charges being deemed charges
against the property served, by addition of penalties of not
more than ten percent thereof in case of failure to pay the
charges at times fixed by resolution. The commissioners may
provide by resolution that where either connection charges or
rates and charges for services supplied are delinquent for any
specified period of time, the district shall certify the delinquencies to the auditor of the county in which the real property is located, and the charges and any penalties added
thereto and interest thereon at the rate of not more than the
prime lending rate of the district’s bank plus four percentage
points per year shall be a lien against the property upon which
the service was received, subject only to the lien for general
taxes.
(4) The district may, at any time after the connection
charges or rates and charges for services supplied or available
and penalties are delinquent for a period of sixty days, bring
(2006 Ed.)
Powers
suit in foreclosure by civil action in the superior court of the
county in which the real property is located. The court may
allow, in addition to the costs and disbursements provided by
statute, attorneys’ fees, title search and report costs, and
expenses as it adjudges reasonable. The action shall be in
rem, and may be brought in the name of the district against an
individual or against all of those who are delinquent in one
action. The laws and rules of the court shall control as in
other civil actions.
(5) In addition to the right to foreclose provided in this
section, the district may also cut off all or part of the service
after charges for water or sewer service supplied or available
are delinquent for a period of thirty days.
(6) A district may determine how to apply partial payments on past due accounts.
(7) A district may provide a real property owner or the
owner’s designee with duplicate bills for service to tenants,
or may notify an owner or the owner’s designee that a tenant’s service account is delinquent. However, if an owner or
the owner’s designee notifies the district in writing that a
property served by the district is a rental property, asks to be
notified of a tenant’s delinquency, and has provided, in writing, a complete and accurate mailing address, the district
shall notify the owner or the owner’s designee of a tenant’s
delinquency at the same time and in the same manner the district notifies the tenant of the tenant’s delinquency or by mail.
When a district provides a real property owner or the owner’s
designee with duplicates of tenant utility service bills or
notice that a tenant’s utility account is delinquent, the district
shall notify the tenant that it is providing the duplicate bills or
delinquency notice to the owner or the owner’s designee.
After January 1, 1999, if a district fails to notify the owner of
a tenant’s delinquency after receiving a written request to do
so and after receiving the other information required by this
subsection (7), the district shall have no lien against the premises for the tenant’s delinquent and unpaid charges. [2003
c 394 § 6; 1999 c 153 § 11. Prior: 1998 c 285 § 2; 1998 c 106
§ 9; 1997 c 447 § 19; 1996 c 230 § 314.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Assessments and charges against state lands: Chapter 79.44 RCW.
57.08.085
57.08.085 Public property subject to rates and
charges for drainage facilities. Except as otherwise provided in RCW 90.03.525, any public entity and public property, including state of Washington property, shall be subject
to rates and charges for drainage facilities to the same extent
as private persons and private property are subject to such
rates and charges that are imposed by districts pursuant to
RCW 57.08.005 or 57.08.081. In setting those rates and
charges, consideration may be given to in-kind services, such
as stream improvements or donation of property. [1999 c 153
§ 12; 1996 c 230 § 315; 1986 c 278 § 59; 1983 c 315 § 5. Formerly RCW 56.08.012.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
(2006 Ed.)
57.08.120
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
Rates and charges for storm water control facilities—Limitations—Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.67.025,
35.92.021, 36.89.085, and 36.94.145.
57.08.100
57.08.100 Health care, group, life, and social security
insurance contracts for employees’, commissioners’ benefit—Joint action with other districts. Subject to chapter
48.62 RCW, a district, by a majority vote of its board of commissioners, may enter into contracts to provide health care
services and/or group insurance and/or term life insurance
and/or social security insurance for the benefit of its employees and may pay all or any part of the cost thereof. Any two
or more districts, by a majority vote of their respective boards
of commissioners, may, if deemed expedient, join in the procuring of such health care services and/or group insurance
and/or term life insurance, and the board of commissioners of
a participating district may by appropriate resolution authorize its respective district to pay all or any portion of the cost
thereof.
A district with five thousand or more customers providing health, group, or life insurance to its employees may provide its commissioners with the same coverage. However, the
per person amounts for such insurance paid by the district
shall not exceed the per person amounts paid by the district
for its employees. [1996 c 230 § 316; 1991 sp.s. c 30 § 25;
1991 c 82 § 5; 1981 c 190 § 6; 1973 c 24 § 2; 1961 c 261 § 2.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
Hospitalization and medical insurance authorized: RCW 41.04.180.
Hospitalization and medical insurance not deemed additional compensation: RCW 41.04.190.
57.08.105
57.08.105 Liability insurance for officials and
employees. The board of commissioners of each district may
purchase liability insurance with such limits as it may deem
reasonable for the purpose of protecting its officials and
employees against liability for personal or bodily injuries and
property damage arising from their acts or omissions while
performing or in good faith purporting to perform their official duties. [1996 c 230 § 317; 1973 c 125 § 7.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.107
57.08.107 Liability insurance for officers and
employees authorized. See RCW 36.16.138.
57.08.112
57.08.112 Association of commissioners—Association to furnish information to legislature and governor.
See RCW 44.04.170.
57.08.120
57.08.120 Lease of real property—Notice, contents,
publication—Performance bond or security. A district
may lease out real property which it owns or in which it has
an interest and which is not immediately necessary for its
purposes upon such terms as the board of commissioners
[Title 57 RCW—page 17]
57.08.140
Title 57 RCW: Water-Sewer Districts
deems proper. No such lease shall be made until the district
has first caused notice thereof to be published twice in a
newspaper in general circulation in the district, the first publication to be at least fifteen days and the second at least
seven days prior to the making of such lease. The notice shall
describe the property, the lessee, and the lease payments. A
hearing shall be held pursuant to the terms of the notice, at
which time any and all persons who may be interested shall
have the right to appear and to be heard.
No such lease shall be made unless secured by a bond
conditioned on the performance of the terms of the lease,
with surety satisfactory to the commissioners and with a penalty of not less than one-sixth of the term of the lease or for
one year’s rental, whichever is greater.
No such lease shall be made for a term longer than
twenty-five years. In cases involving leases of more than five
years, the commissioners may provide for or stipulate to
acceptance of a bond conditioned on the performance of a
part of the term for five years or more whenever it is further
provided that the lessee must procure and deliver to the commissioners renewal bonds with like terms and conditions no
more than two years prior nor less than one year prior to the
expiration of such bond during the entire term of the lease.
However, no such bond shall be construed to secure the furnishing of any other bond by the same surety or indemnity
company. The board of commissioners may require a reasonable security deposit in lieu of a bond on leased property
owned by a district.
The commissioners may accept as surety on any bond
required by this section an approved surety company, or may
accept in lieu thereof a secured interest in property of a value
at least twice the amount of the bond required, conditioned
further that in the event the commissioners determine that the
value of the bond security has become or is about to become
impaired, additional security shall be required from the lessee.
The authority granted under this section shall not be
exercised by the board of commissioners unless the property
is declared by resolution of the board of commissioners to be
property for which there is a future need by the district and
for the use of which provision is made in the comprehensive
plan of the district as the same may be amended from time to
time. [1996 c 230 § 319; 1991 c 82 § 6; 1967 ex.s. c 135 § 1.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.140
57.08.140 RCW 39.33.060 to govern on sales by district for park and recreational purposes. The provisions
of RCW 57.08.015, 57.08.016, and 57.08.120 shall have no
application as to the sale or conveyance of real or personal
property or any interest or right therein by a district to the
county or park and recreation district wherein such property
is located for park and recreational purposes, but in those
cases the provisions of RCW 39.33.060 shall govern. [1996
c 230 § 320; 1971 ex.s. c 243 § 8.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Severability—1971 ex.s. c 243: See RCW 84.34.920.
57.08.150
57.08.150 Extensions by private party—Preparation
of plans—Review by district. A district may not require
[Title 57 RCW—page 18]
that a specified engineer prepare plans or designs for extensions to its systems if the extensions are to be financed and
constructed by a private party, but may review, and approve
or reject, the plans or designs which have been prepared for
such a private party based upon standards and requirements
established by the district. [1996 c 230 § 323; 1987 c 309 §
4.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.160
57.08.160 Authority to assist customers in the acquisition of water conservation equipment—Limitations.
Any district is hereby authorized, within limits established by
the Constitution of the state of Washington, to assist the owners of structures in financing the acquisition and installation
of fixtures, systems, and equipment, for compensation or otherwise, for the conservation or more efficient use of water in
the structures under a water conservation plan adopted by the
district if the cost per unit of water saved or conserved by the
use of the fixtures, systems, and equipment is less than the
cost per unit of water supplied by the next least costly new
water source available to the district to meet future demand.
Except where otherwise authorized, assistance shall be limited to:
(1) Providing an inspection of the structure, either
directly or through one or more inspectors under contract, to
determine and inform the owner of the estimated cost of purchasing and installing conservation fixtures, systems, and
equipment for which financial assistance will be approved
and the estimated life cycle savings to the water system and
the consumer that are likely to result from the installation of
the fixtures, systems, or equipment;
(2) Providing a list of businesses that sell and install the
fixtures, systems, and equipment within or in close proximity
to the service area of the city or town, each of which businesses shall have requested to be included and shall have the
ability to provide the products in a workmanlike manner and
to utilize the fixtures, systems, and equipment in accordance
with the prevailing national standards;
(3) Arranging to have approved conservation fixtures,
systems, and equipment installed by a private contractor
whose bid is acceptable to the owner of the structure and verifying the installation; and
(4) Arranging or providing financing for the purchase
and installation of approved conservation fixtures, systems,
and equipment. The fixtures, systems, and equipment shall be
purchased or installed by a private business, the owner, or the
utility.
Pay back shall be in the form of incremental additions to
the utility bill, billed either together with the use charge or
separately. Loans shall not exceed one hundred twenty
months in length. [1996 c 230 § 324; 1989 c 421 § 5.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Intent—Contingent effective date—1989 c 421: See notes following
RCW 35.92.017.
57.08.170
57.08.170 Water conservation plan—Emergency
water use restrictions—Fine. A district may adopt a water
conservation plan and emergency water use restrictions. The
district may enforce a water conservation plan and emer(2006 Ed.)
Officers and Elections
gency water use restrictions by imposing a fine as provided
by resolution for failure to comply with any such plan or
restrictions. The commissioners may provide by resolution
that if a fine for failure to comply with the water conservation
plan or emergency water use restrictions is delinquent for a
specified period of time, the district shall certify the delinquency to the treasurer of the county in which the real property is located and serve notice of the delinquency on the subscribing water customer who fails to comply, and the fine is
then a separate item for inclusion on the bill of the party failing to comply with the water conservation plan or emergency
water use restrictions. [1996 c 230 § 325; 1991 c 82 § 7.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.08.180
57.08.180 Sewer, drainage, and water connections
without district permission—Penalties. It is unlawful and
a misdemeanor to make, or cause to be made, or to maintain
any connection with any sewer, drainage, or water system of
any district, or with any sewer, drainage, or water system
which is connected directly or indirectly with any sewer,
drainage, or water system of any district without having permission from the district. [1999 c 153 § 14; 1996 c 230 §
322; 1995 c 376 § 15; 1991 c 190 § 5.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Findings—1995 c 376: See note following RCW 70.116.060.
57.08.190
57.08.190 Cooperative watershed management. In
addition to the authority provided in RCW 57.08.005, a water
district, sewer district, or water-sewer district may participate
in and expend revenue on cooperative watershed management actions, including watershed management partnerships
under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water
resource and habitat protection and management. [2003 c
327 § 13.]
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Chapter 57.12
Chapter 57.12 RCW
OFFICERS AND ELECTIONS
Sections
57.12.010
57.12.015
57.12.017
57.12.020
57.12.030
57.12.039
Commissioners—President and secretary—Compensation.
Increase in number of commissioners.
Decrease in number of commissioners.
Vacancies.
Commissioners—Terms.
Commissioner districts.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29A.76.010.
57.12.010
57.12.010 Commissioners—President and secretary—Compensation. The governing body of a district shall
be a board of commissioners consisting of three members, or
five or seven members as provided in RCW 57.12.015. The
board shall annually elect one of its members as president and
another as secretary.
(2006 Ed.)
57.12.015
The board shall by resolution adopt rules governing the
transaction of its business and shall adopt an official seal. All
proceedings shall be by resolution recorded in a book kept for
that purpose which shall be a public record.
A district shall provide by resolution for the payment of
compensation to each of its commissioners at a rate of seventy dollars for each day or portion thereof devoted to the
business of the district. However the compensation for each
commissioner shall not exceed six thousand seven hundred
twenty dollars per year. In addition, the secretary may be paid
a reasonable sum for clerical services.
Any commissioner may waive all or any portion of his or
her compensation payable under this section as to any month
or months during the commissioner’s term of office, by a
written waiver filed with the district at any time after the
commissioner’s election and prior to the date on which the
compensation would otherwise be paid. The waiver shall
specify the month or period of months for which it is made.
No commissioner shall be employed full time by the district. A commissioner shall be reimbursed for reasonable
expenses actually incurred in connection with district business, including subsistence and lodging while away from the
commissioner’s place of residence and mileage for use of a
privately-owned vehicle at the mileage rate authorized in
RCW 43.03.060. [2001 c 63 § 1; 1998 c 121 § 5; 1996 c 230
§ 401; 1985 c 330 § 6; 1980 c 92 § 2; 1975 1st ex.s. c 116 §
1; 1969 ex.s. c 148 § 8; 1959 c 108 § 5; 1959 c 18 § 1; 1945
c 50 § 2; 1929 c 114 § 7; Rem. Supp. 1945 § 11585. Cf. 1913
c 161 § 7.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Severability—1969 ex.s. c 148: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 148 § 9.]
57.12.015
57.12.015 Increase in number of commissioners. (1)
In the event a three-member board of commissioners of any
district with any number of customers determines by resolution that it would be in the best interest of the district to
increase the number of commissioners from three to five, or
if the board of a district with any number of customers is presented with a petition signed by ten percent of the registered
voters resident within the district who voted in the last general municipal election calling for an increase in the number
of commissioners of the district, the board shall submit a resolution to the county auditor requesting that an election be
held. Upon receipt of the resolution, the county auditor shall
call a special election to be held within the district, at which
election a proposition in substantially the following language
shall be submitted to the voters:
Shall the Board of Commissioners of (name
and/or number of district) be increased from three
to five members?
Yes . . . . .
No . . . . .
If the proposition receives a majority approval at the election
the board of commissioners of the district shall be increased
to five members.
[Title 57 RCW—page 19]
57.12.017
Title 57 RCW: Water-Sewer Districts
(2) In any district with more than ten thousand customers, if a three-member board of commissioners determines by
resolution that it would be in the best interest of the district to
increase the number of commissioners from three to five, the
number of commissioners shall be so increased without an
election, unless within ninety days of adoption of that resolution a petition requesting an election and signed by at least
ten percent of the registered voters who voted in the last
municipal general election is filed with the board. If such a
petition is received, the board shall submit the resolution and
the petition to the county auditor, who shall call a special
election in the manner described in this section.
(3)(a) In any district with more than twenty-five thousand customers, if a five-member board of commissioners
determines by resolution that it would be in the best interest
of the district to increase the number of commissioners from
five to seven, the number of commissioners may be so
increased without an election, unless within ninety days of
adoption of that resolution a petition requesting an election
and signed by at least ten percent of the registered voters who
voted in the last municipal general election is filed with the
board. If such a petition is received, the board shall submit
the resolution and the petition to the county auditor, who
shall call a special election in the manner described in this
section.
(b) In the event a five-member board of commissioners
of any district with more than twenty-five thousand customers determines by resolution that it would be in the best interest of the district to increase the number of commissioners
from five to seven, the board may submit a resolution to the
county auditor requesting that an election be held. Upon
receipt of the resolution, the county auditor shall call a special election to be held within the district, at which election a
proposition in substantially the following language shall be
submitted to the voters:
Shall the Board of Commissioners of (name
and/or number of district) be increased from five
to seven members?
Yes . . . . .
No . . . . .
If the proposition receives a majority approval at the election
the board of commissioners of the district shall be increased
to seven members.
(4) The two additional positions created on boards of
commissioners by this section shall be filled initially as for a
vacancy, except that the appointees shall draw lots, one
appointee to serve until the next district general election after
the appointment, at which two commissioners shall be
elected for six-year terms, and the other appointee to serve
until the second district general election after the appointment, at which two commissioners shall be elected for sixyear terms. [2001 c 63 § 2; 1996 c 230 § 402; 1994 c 223 §
67; 1991 c 190 § 6; 1990 c 259 § 29; 1987 c 449 § 12.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.12.017 Decrease in number of commissioners. (1)
Except as provided in RCW 52.14.020, in the event a fivemember or seven-member board of commissioners of any
district determines by resolution that it would be in the best
57.12.017
[Title 57 RCW—page 20]
interest of the district to decrease the number of commissioners from five to three, or from seven to five, or in the event
the board is presented with a petition signed by ten percent of
the registered voters resident within the district who voted in
the last general municipal election calling for such a decrease
in the number of commissioners of the district, the board
shall submit a resolution to the county auditor. Upon receipt
of the resolution, the county auditor shall call a special election to be held within the district at which election the following proposition shall be submitted to the voters substantially
as follows:
Shall the board of commissioners of (name and/or number of district) be decreased from (five/seven) members to
(three/five) members?
Yes . . .
No . . . .
If the district has commissioner districts, the commissioners of the district must pass a resolution, before the submission of the proposition to the voters, to either redistrict
from five commissioner districts to three commissioner districts, or from seven commissioner districts to five commissioner districts, or eliminate the commissioner districts. The
resolution takes effect upon approval of the proposition by
the voters.
If the proposition receives a majority approval at the
election, the board of commissioners of the district shall be
decreased to three or five members.
(2) The number of members on the board of the district
shall be reduced by one whenever a commissioner resigns
from office or a vacancy otherwise occurs on the board, until
the number of remaining members is reduced to the number
of members that is chosen for the board eventually to have.
The reduction of membership on the board shall not be considered to be a vacancy that is to be filled until the number of
remaining members is less than the number of members on
the board that is chosen for the board eventually to have.
(3) At the next three district general elections after the
reduction is approved, the number of commissioners for the
district that are elected shall be as follows, notwithstanding
the number of commissioners whose terms expire:
(a) In the first election after the reduction, only one position shall be filled.
(b) In the second election, one position shall be filled.
Thereafter, the commissioners shall be elected in the
same manner as prescribed for such districts of the state.
[2001 c 63 § 3.]
57.12.020
57.12.020 Vacancies. A vacancy on the board shall
occur and shall be filled as provided in chapter 42.12 RCW.
In addition, if a commissioner is absent from three consecutive scheduled meetings unless by permission of the board,
the office may be declared vacant. However, such an action
shall not be taken unless the commissioner is notified by mail
after two consecutive unexcused absences that the position
will be declared vacant if the commissioner is absent without
being excused from the next regularly scheduled meeting.
[1996 c 230 § 405; 1994 c 223 § 68; 1990 c 259 § 30; 1985 c
141 § 7; 1981 c 169 § 1; 1975 1st ex.s. c 188 § 14; 1959 c 18
§ 3. Prior: 1953 c 251 § 4; 1947 c 216 § 1, part; 1945 c 50 §
(2006 Ed.)
Comprehensive Plan—Local Improvement Districts
1, part; 1931 c 72 § 1, part; 1929 c 114 § 6, part; Rem. Supp.
1947 § 11584, part. Cf. 1913 c 161 § 7, part.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
57.12.030
57.12.030 Commissioners—Terms. Except as in this
section otherwise provided, the term of office of each district
commissioner shall be six years, such term to be computed
from the first day of January following the election, and commissioners shall serve until their successors are elected and
qualified and assume office in accordance with *RCW
29.04.170.
Three initial district commissioners shall be elected at
the same election at which the proposition is submitted to the
voters as to whether such district shall be formed. The election of initial district commissioners shall be null and void if
the ballot proposition to form the district is not approved.
Each candidate shall run for one of three separate commissioner positions. A special filing period shall be opened as
provided in *RCW 29.15.170 and 29.15.180. The person
receiving the greatest number of votes for each position shall
be elected to that position.
The initial district commissioners shall assume office
immediately when they are elected and qualified. Staggering
of the terms of office for the initial district commissioners
shall be accomplished as follows: (1) The person who is
elected receiving the greatest number of votes shall be elected
to a six-year term of office if the election is held in an oddnumbered year or a five-year term of office if the election is
held in an even-numbered year; (2) the person who is elected
receiving the next greatest number of votes shall be elected to
a four-year term of office if the election is held in an oddnumbered year or a three-year term of office if the election is
held in an even-numbered year; and (3) the other person who
is elected shall be elected to a two-year term of office if the
election is held in an odd-numbered year or a one-year term
of office if the election is held in an even-numbered year. The
terms of office shall be calculated from the first day of January after the election.
Thereafter, commissioners shall be elected to six-year
terms of office. Commissioners shall serve until their successors are elected and qualified and assume office in accordance with *RCW 29.04.170. [1996 c 230 § 403; 1994 c 223
§ 69; 1982 1st ex.s. c 17 § 14; 1979 ex.s. c 126 § 39; 1959 c
18 § 4. Prior: 1947 c 216 § 1; 1945 c 50 § 1; 1931 c 72 § 1;
1929 c 114 § 6; Rem. Supp. 1947 § 11584. Cf. 1913 c 161 §
7.]
*Reviser’s note: RCW 29.04.170, 29.15.170, and 29.15.180 were
recodified as RCW 29A.20.040, 29A.24.170, and 29A.24.180, respectively,
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.24.170 and
29A.24.180 were subsequently repealed by 2004 c 271 § 193. Later enactment of RCW 29A.24.170 and 29A.24.180, see RCW 29A.24.171 and
29A.24.181, respectively.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Terms and compensation of county and district officers: State Constitution
Art. 11 § 5.
Time of holding election for district officers: State Constitution Art. 6 § 8.
(2006 Ed.)
Chapter 57.16
57.12.039
57.12.039 Commissioner districts. (1) Notwithstanding RCW 57.12.020 and 57.12.030, the board of commissioners may provide by majority vote that subsequent commissioners be elected from commissioner districts within the district. If the board exercises this option, it shall divide the
district into three, five, or seven if the number of commissioners has been increased under RCW 57.12.015, commissioner districts of approximately equal population following
current precinct and district boundaries.
(2) Commissioner districts shall be used as follows: (a)
Only a registered voter who resides in a commissioner district may be a candidate for, or serve as, a commissioner of
the commissioner district; and (b) only voters of a commissioner district may vote at a primary to nominate candidates
for a commissioner of the commissioner district. Voters of
the entire district may vote at a general election to elect a person as a commissioner of the commissioner district. Commissioner districts shall be redrawn as provided in *chapter
29.70 RCW.
(3) In districts in which commissioners are nominated
from commissioner districts, at the inception of a five-member or a seven-member board of commissioners, the new
commissioner districts shall be numbered one through five or
one through seven and the incumbent commissioners shall
represent up to five commissioner districts depending on the
amount of commissioners. If, as a result of redrawing the district boundaries two or three of the incumbent commissioners
reside in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall
determine by lot which of the first three or five numbered
commissioner districts they shall represent for the remainder
of their respective terms. A primary shall be held to nominate
candidates from the remaining districts where necessary and
commissioners shall be elected at large at the general election. The persons elected as commissioners from the remaining commissioner districts shall take office immediately after
qualification as defined under **RCW 29.01.135. [2001 c 63
§ 4; 1996 c 230 § 404; 1994 c 223 § 70; 1986 c 41 § 2.]
Reviser’s note: *(1) Chapter 29.70 RCW was recodified as chapter
29A.76 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) RCW 29.01.135 was recodified as RCW 29A.04.133 pursuant to
2003 c 111 § 2401, effective July 1, 2004.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Chapter 57.16
Chapter 57.16 RCW
COMPREHENSIVE PLAN—LOCAL
IMPROVEMENT DISTRICTS
Sections
57.16.010
57.16.015
57.16.045
57.16.050
57.16.060
57.16.062
57.16.065
57.16.070
57.16.073
General comprehensive plan of improvements—Approval of
engineer, director of health, and city, town, or county—
Amendments.
Expenditures before plan adopted and approved.
Additions and betterments—Annexed areas.
Districts authorized—Special assessments—Bonds.
Resolution or petition to form district—Procedure—Written
protest—Notice.
Hearing—Improvement ordered—Divestment of power to
order—Notice—Appeal—Assessment roll.
Notice must contain statement that assessments may vary from
estimates.
Hearing on assessment roll—Notice.
Sanitary sewer and potable water facilities—Notice to certain
property owners.
[Title 57 RCW—page 21]
57.16.010
57.16.075
57.16.080
57.16.090
57.16.100
57.16.110
57.16.120
57.16.140
57.16.150
57.16.160
Title 57 RCW: Water-Sewer Districts
Exemption of farm and agricultural land from special benefit
assessments.
Enlarged district.
Review.
Conclusiveness of roll—Correction of errors.
Segregation of assessment—Procedure.
Acquisition of property subject to local improvement assessments—Payment.
Excess sewer capacity or water supply not grounds for zoning
decision challenge.
Foreclosure of assessments—Attorneys’ fees.
Review of sewer general comprehensive plan—Time limitations—Notice of rejection of plan or extension of timeline.
Deferral of special assessments: Chapter 84.38 RCW.
Local improvements, supplemental authority: Chapter 35.51 RCW.
57.16.010
57.16.010 General comprehensive plan of improvements—Approval of engineer, director of health, and
city, town, or county—Amendments. Before ordering any
improvements or submitting to vote any proposition for
incurring any indebtedness, the district commissioners shall
adopt a general comprehensive plan for the type or types of
facilities the district proposes to provide. A district may prepare a separate general comprehensive plan for each of these
services and other services that districts are permitted to provide, or the district may combine any or all of its comprehensive plans into a single general comprehensive plan.
(1) For a general comprehensive plan of a water supply
system, the commissioners shall investigate the several portions and sections of the district for the purpose of determining the present and reasonably foreseeable future needs
thereof; shall examine and investigate, determine, and select
a water supply or water supplies for such district suitable and
adequate for present and reasonably foreseeable future needs
thereof; and shall consider and determine a general system or
plan for acquiring such water supply or water supplies, and
the lands, waters, and water rights and easements necessary
therefor, and for retaining and storing any such waters, and
erecting dams, reservoirs, aqueducts, and pipe lines to convey
the same throughout such district. There may be included as
part of the system the installation of fire hydrants at suitable
places throughout the district. The commissioners shall determine a general comprehensive plan for distributing such
water throughout such portion of the district as may then reasonably be served by means of subsidiary aqueducts and pipe
lines, and a long-term plan for financing the planned projects
and the method of distributing the cost and expense thereof,
including the creation of local improvement districts or utility
local improvement districts, and shall determine whether the
whole or part of the cost and expenses shall be paid from revenue or general obligation bonds.
(2) For a general comprehensive plan for a sewer system,
the commissioners shall investigate all portions and sections
of the district and select a general comprehensive plan for a
sewer system for the district suitable and adequate for present
and reasonably foreseeable future needs thereof. The general
comprehensive plan shall provide for treatment plants and
other methods and services, if any, for the prevention, control, and reduction of water pollution and for the treatment
and disposal of sewage and industrial and other liquid wastes
now produced or which may reasonably be expected to be
produced within the district and shall, for such portions of the
district as may then reasonably be served, provide for the
acquisition or construction and installation of laterals, trunk
[Title 57 RCW—page 22]
sewers, intercepting sewers, syphons, pumping stations or
other sewage collection facilities, septic tanks, septic tank
systems or drainfields, and systems for the transmission and
treatment of wastewater. The general comprehensive plan
shall provide a long-term plan for financing the planned
projects and the method of distributing the cost and expense
of the sewer system and services, including the creation of
local improvement districts or utility local improvement districts; and provide whether the whole or some part of the cost
and expenses shall be paid from revenue or general obligation bonds.
(3) For a general comprehensive plan for a drainage system, the commissioners shall investigate all portions and sections of the district and adopt a general comprehensive plan
for a drainage system for the district suitable and adequate for
present and future needs thereof. The general comprehensive
plan shall provide for a system to collect, treat, and dispose of
storm water or surface waters, including use of natural systems and the construction or provision of culverts, storm
water pipes, ponds, and other systems. The general comprehensive plan shall provide for a long-term plan for financing
the planned projects and provide for a method of distributing
the cost and expense of the drainage system, including local
improvement districts or utility local improvement districts,
and provide whether the whole or some part of the cost and
expenses shall be paid from revenue or general obligation
bonds.
(4) For a general comprehensive plan for street lighting,
the commissioners shall investigate all portions and sections
of the district and adopt a general comprehensive plan for
street lighting for the district suitable and adequate for
present and future needs thereof. The general comprehensive
plan shall provide for a system or systems of street lighting,
provide for a long-term plan for financing the planned
projects, and provide for a method of distributing the cost and
expense of the street lighting system, including local
improvement districts or utility local improvement districts,
and provide whether the whole or some part of the cost and
expenses shall be paid from revenue or general obligation
bonds.
(5) The commissioners may employ such engineering
and legal service as in their discretion is necessary in carrying
out their duties.
(6) Any general comprehensive plan or plans shall be
adopted by resolution and submitted to an engineer designated by the legislative authority of the county in which fiftyone percent or more of the area of the district is located, and
to the director of health of the county in which the district or
any portion thereof is located, and must be approved in writing by the engineer and director of health, except that a comprehensive plan relating to street lighting shall not be submitted to or approved by the director of health. The general comprehensive plan shall be approved, conditionally approved, or
rejected by the director of health and by the designated engineer within sixty days of their respective receipt of the plan.
However, this sixty-day time limitation may be extended by
the director of health or engineer for up to an additional sixty
days if sufficient time is not available to review adequately
the general comprehensive plans.
Before becoming effective, the general comprehensive
plan shall also be submitted to, and approved by resolution
(2006 Ed.)
Comprehensive Plan—Local Improvement Districts
of, the legislative authority of every county within whose
boundaries all or a portion of the district lies. The general
comprehensive plan shall be approved, conditionally
approved, or rejected by each of the county legislative
authorities pursuant to the criteria in RCW 57.02.040 for
approving the formation, reorganization, annexation, consolidation, or merger of districts. The resolution, ordinance, or
motion of the legislative body that rejects the comprehensive
plan or a part thereof shall specifically state in what particular
the comprehensive plan or part thereof rejected fails to meet
these criteria. The general comprehensive plan shall not provide for the extension or location of facilities that are inconsistent with the requirements of RCW 36.70A.110. Nothing
in this chapter shall preclude a county from rejecting a proposed plan because it is in conflict with the criteria in RCW
57.02.040. Each general comprehensive plan shall be deemed
approved if the county legislative authority fails to reject or
conditionally approve the plan within ninety days of the
plan’s submission to the county legislative authority or
within thirty days of a hearing on the plan when the hearing
is held within ninety days of submission to the county legislative authority. However, a county legislative authority may
extend this ninety-day time limitation by up to an additional
ninety days where a finding is made that ninety days is insufficient to review adequately the general comprehensive plan.
In addition, the commissioners and the county legislative
authority may mutually agree to an extension of the deadlines
in this section.
If the district includes portions or all of one or more cities or towns, the general comprehensive plan shall be submitted also to, and approved by resolution of, the legislative
authorities of the cities and towns before becoming effective.
The general comprehensive plan shall be deemed approved
by the city or town legislative authority if the city or town
legislative authority fails to reject or conditionally approve
the plan within ninety days of the plan’s submission to the
city or town or within thirty days of a hearing on the plan
when the hearing is held within ninety days of submission to
the county legislative authority. However, a city or town legislative authority may extend this time limitation by up to an
additional ninety days where a finding is made that insufficient time exists to adequately review the general comprehensive plan within these time limitations. In addition, the
commissioners and the city or town legislative authority may
mutually agree to an extension of the deadlines in this section.
Before becoming effective, the general comprehensive
plan shall be approved by any state agency whose approval
may be required by applicable law. Before becoming effective, any amendment to, alteration of, or addition to, a general
comprehensive plan shall also be subject to such approval as
if it were a new general comprehensive plan. However, only
if the amendment, alteration, or addition affects a particular
city or town, shall the amendment, alteration, or addition be
subject to approval by such particular city or town governing
body. [1997 c 447 § 18; 1996 c 230 § 501; 1990 1st ex.s. c 17
§ 35; 1989 c 389 § 10; 1982 c 213 § 2; 1979 c 23 § 2; 1977
ex.s. c 299 § 3; 1959 c 108 § 6; 1959 c 18 § 6. Prior: 1939 c
128 § 2, part; 1937 c 177 § 1; 1929 c 114 § 10, part; RRS §
11588. Cf. 1913 c 161 § 10.]
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
(2006 Ed.)
57.16.050
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
57.16.015
57.16.015 Expenditures before plan adopted and
approved. No expenditure for carrying on any part of a general comprehensive plan shall be made other than the necessary salaries of engineers, clerical, office expenses, and other
professional expenses of the district, and the cost of engineering, surveying, preparation, and collection of data necessary
for making and adopting a general plan of improvements in
the district, until the general comprehensive plan of improvements has been adopted by the commissioners and approved
as provided in RCW 57.16.010. [1996 c 230 § 502; 1953 c
250 § 5; 1941 c 210 § 12; Rem. Supp. 1941 § 9425-21. Formerly RCW 56.08.030.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.16.045
57.16.045 Additions and betterments—Annexed
areas. Whenever an area has been annexed to a district after
the adoption of a general comprehensive plan, the commissioners shall adopt by resolution a plan for additions and betterments to the original comprehensive plan to provide for
the needs of the area annexed. [1996 c 230 § 503.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.16.050
57.16.050 Districts authorized—Special assessments—Bonds. (1) A district may establish local improvement districts within its territory; levy special assessments
and allow annual installments on the special assessments,
together with interest thereon, extending over a period not
exceeding twenty years, on all property specially benefited
by a local improvement, on the basis of special benefits to
pay in whole or in part the damage or costs of any improvements ordered in the district; and issue local improvement
bonds in the local improvement district to be repaid by the
collection of special assessments. The bonds may be of any
form, including bearer bonds or registered bonds as provided
in RCW 39.46.030. The levying, collection, and enforcement
of special assessments and the issuance of bonds shall be as
provided for the levying, collection, and enforcement of special assessments and the issuance of local improvement district bonds by cities and towns insofar as is consistent with
this title. The duties devolving upon the city or town treasurer
are imposed upon the county treasurer of the county in which
the real property is located for the purposes hereof. The mode
of assessment shall be determined by the commissioners by
resolution.
(2) A district may establish a utility local improvement
district, in lieu of a local improvement district, if the petition
or resolution for establishing the local improvement district,
and the approved comprehensive plan or approved amendment thereto or plan providing for additions and betterments
to the original plan, previously adopted, provides that, except
as set forth in this section, the special assessments shall be for
the purpose of payment of improvements and payment into
the revenue bond fund for the payment of revenue bonds. No
warrants or bonds shall be issued in a utility local improve[Title 57 RCW—page 23]
57.16.060
Title 57 RCW: Water-Sewer Districts
ment district, but the collection of interest and principal on all
special assessments in the utility local improvement district
shall be paid into the revenue bond fund, except that special
assessments paid before the issuance and sale of bonds may
be deposited in a fund for the payment of costs of improvements in the utility local improvement district. Revenue
bonds shall be issued using the procedures by which cities
and towns issue revenue bonds, insofar as is consistent with
this title.
Such revenue bonds may also be issued and sold in
accordance with chapter 39.46 RCW. [1996 c 230 § 601;
1987 c 169 § 2; 1983 c 167 § 161; 1982 1st ex.s. c 17 § 15;
1953 c 251 § 13; 1939 c 128 § 1; 1929 c 114 § 9; RRS §
11587. Cf. 1913 c 161 § 9.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Assessments and charges against state lands: Chapter 79.44 RCW.
Local improvement bonds: Chapter 35.45 RCW.
57.16.060
57.16.060 Resolution or petition to form district—
Procedure—Written protest—Notice. Local improvement
districts or utility local improvement districts to carry out the
whole or any portion of the general comprehensive plan of
improvements or plan providing for additions and betterments to an original general comprehensive plan previously
adopted may be initiated either by resolution of the board of
commissioners or by petition signed by the owners according
to the records of the office of the applicable county auditor of
at least fifty-one percent of the area of the land within the limits of the improvement district to be created.
In case the board of commissioners desires to initiate the
formation of an improvement district by resolution, it first
shall pass a resolution declaring its intention to order the
improvement, setting forth the nature and territorial extent of
such proposed improvement, designating the number of the
proposed improvement district, and describing the boundaries thereof, stating the estimated cost and expense of the
improvement and the proportionate amount thereof which
will be borne by the property within the proposed improvement district, and fixing a date, time, and place for a public
hearing on the formation of the proposed improvement district.
In case any such improvement district is initiated by petition, the petition shall set forth the nature and territorial
extent of the proposed improvement requested to be ordered
and the fact that the signers thereof are the owners according
to the records of the applicable county auditor of at least fiftyone percent of the area of land within the limits of the
improvement district to be created. Upon the filing of such
petition the board shall determine whether the petition is sufficient, and the board’s determination thereof shall be conclusive upon all persons. No person may withdraw his or her
name from the petition after it has been filed with the board
of commissioners. If the board finds the petition to be sufficient, it shall proceed to adopt a resolution declaring its intention to order the improvement petitioned for, setting forth the
nature and territorial extent of the improvement, designating
the number of the proposed improvement district and
describing the boundaries thereof, stating the estimated cost
[Title 57 RCW—page 24]
and expense of the improvement and the proportionate
amount thereof which will be borne by the property within
the proposed improvement district, and fixing a date, time,
and place for a public hearing on the formation of the proposed improvement district.
Notice of the adoption of the resolution of intention,
whether the resolution was adopted on the initiative of the
board or pursuant to a petition of the property owners, shall
be published in at least two consecutive issues of a newspaper
of general circulation in the proposed improvement district,
the date of the first publication to be at least fifteen days prior
to the date fixed by such resolution for hearing before the
board of commissioners. Notice of the adoption of the resolution of intention shall also be given each owner or reputed
owner of any lot, tract, parcel of land, or other property
within the proposed improvement district by mailing the
notice at least fifteen days before the date fixed for the public
hearing to the owner or reputed owner of the property as
shown on the tax rolls of the county treasurer of the county in
which the real property is located at the address shown
thereon. Whenever such notices are mailed, the commissioners shall maintain a list of the reputed property owners, which
list shall be kept on file at a location within the district and
shall be made available for public perusal. The notices shall
refer to the resolution of intention and designate the proposed
improvement district by number. The notices also shall set
forth the nature of the proposed improvement, the total estimated cost, the proportion of total cost to be borne by assessments, and the date, time, and place of the hearing before the
board of commissioners. In the case of improvements initiated by resolution, the notice also shall: (1) State that all persons desiring to object to the formation of the proposed district must file their written protests with the secretary of the
board of commissioners no later than ten days after the public
hearing; (2) state that if owners of at least forty percent of the
area of land within the proposed improvement district file
written protests with the secretary of the board, the power of
the commissioners to proceed with the creation of the proposed improvement district shall be divested; (3) provide the
name and address of the secretary of the board; and (4) state
the hours and location within the district where the names of
the property owners within the proposed improvement district are kept available for public perusal. In the case of the
notice given each owner or reputed owner by mail, the notice
shall set forth the estimated amount of the cost and expense
of such improvement to be borne by the particular lot, tract,
parcel of land, or other property. [1999 c 153 § 15; 1996 c
230 § 602; 1991 c 190 § 7; 1986 c 256 § 3; 1982 1st ex.s. c 17
§ 16; 1977 ex.s. c 299 § 7; 1965 ex.s. c 39 § 1; 1959 c 18 § 11.
Prior: 1953 c 251 § 14; 1929 c 114 § 12, part; RRS § 11590,
part. Cf. 1913 c 161 § 12, part.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.16.062
57.16.062 Hearing—Improvement ordered—Divestment of power to order—Notice—Appeal—Assessment
roll. Whether an improvement district is initiated by petition
or resolution, the board shall conduct a public hearing at the
time and place designated in the notice to property owners.
(2006 Ed.)
Comprehensive Plan—Local Improvement Districts
At this hearing the board shall hear objections from any person affected by the formation of the improvement district and
may make such changes in the boundaries of the improvement district or such modifications in the plans for the proposed improvement as shall be deemed necessary. The board
may not change the boundaries of the improvement district to
include property not previously included in it without first
passing a new resolution of intention and giving a new notice
to property owners in the manner and form and within the
time provided in this chapter for the original notice.
After the hearing and the expiration of the ten-day period
for filing protests, the commissioners shall have jurisdiction
to overrule protests and proceed with any such improvement
district initiated by petition or resolution. The jurisdiction of
the commissioners to proceed with any improvement district
initiated by resolution shall be divested by protests filed with
the secretary of the board within ten days after the public
hearing, signed by the owners, according to the records of the
applicable county auditor, of at least forty percent of the area
of land within the proposed improvement district.
If the commissioners find that the improvement district
should be formed, they shall by resolution form the improvement district and order the improvement. After execution of
the resolution forming the improvement district, the secretary
of the board of commissioners shall publish, in a legal publication that serves the area subject to the improvement district,
a notice setting forth that a resolution has been passed forming the improvement district and that a lawsuit challenging
the jurisdiction or authority of the district to proceed with the
improvement and creating the improvement district must be
filed, and notice to the district served, within thirty days of
the publication of the notice. The notice shall set forth the
nature of the appeal. Property owners bringing the appeal
shall follow the procedures set forth under RCW 57.16.090.
Whenever a resolution forming an improvement district has
been adopted, the formation is conclusive in all things upon
all parties, and cannot be contested or questioned in any manner in any proceeding whatsoever by any person not commencing a lawsuit in the manner and within the time provided
in this section, except for lawsuits made under RCW
57.16.090.
Following an appeal, if it is unsuccessful or if no appeal
is made under RCW 57.16.090, the commissioners may proceed with creating the improvement district, provide the
improvement and provide the general funds of the district to
be applied thereto, adopt detailed plans of the improvement
district and declare the estimated cost thereof, acquire all necessary land therefor, pay all damages caused thereby, and
commence in the name of the district such eminent domain
proceedings as may be necessary to entitle the district to proceed with the improvements. The board shall thereupon proceed with the work and file with the county treasurer of the
county in which the real property is located its roll levying
special assessments in the amount to be paid by special
assessment against the property situated within the improvement district in proportion to the special benefits to be
derived by the property therein from the improvements.
[1996 c 230 § 605; 1991 c 190 § 3; 1986 c 256 § 2; 1974 ex.s.
c 58 § 6; 1971 ex.s. c 272 § 9; 1953 c 250 § 18; 1941 c 210 §
28; Rem. Supp. 1941 § 9425-37. Formerly RCW 56.20.030.]
(2006 Ed.)
57.16.073
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.16.065
57.16.065 Notice must contain statement that assessments may vary from estimates. Notice given to the public
or to the owners of specific lots, tracts, or parcels of land
relating to the formation of an improvement district shall
contain a statement that actual assessments may vary from
assessment estimates so long as they do not exceed a figure
equal to the increased true and fair value the improvement
adds to the property. [1996 c 230 § 604; 1989 c 243 § 11.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.16.070
57.16.070 Hearing on assessment roll—Notice.
Before approval of the roll a notice shall be published once a
week for two consecutive weeks in a newspaper of general
circulation in the improvement district, stating that the roll is
on file and open to inspection in the office of the secretary,
and fixing the time, not less than fifteen or more than thirty
days from the date of the first publication of the notice, within
which protests must be filed with the secretary against any
assessments shown thereon, and fixing a time when a hearing
will be held by the commissioners on the protests. Notice
shall also be given by mailing, at least fifteen days before the
hearing, a similar notice to the owners or reputed owners of
the land in the improvement district as they appear on the
books of the treasurer of the county in which the real property
is located. At the hearing, or any adjournment thereof, the
commissioners may correct, change, or modify the roll, or
any part thereof, or set aside the roll and order a new assessment, and may then by resolution approve it. If an assessment
is raised a new notice similar to the first shall be given, after
which final approval of the roll may be made. When property
has been entered originally upon the roll and the assessment
thereon is not raised, no objection thereto shall be considered
by the commissioners or by any court on appeal unless the
objection is made in writing at, or prior to, the date fixed for
the original hearing upon the roll. [1996 c 230 § 606; 1982
1st ex.s. c 17 § 17; 1959 c 18 § 12. Prior: 1953 c 251 § 15;
1929 c 114 § 12, part; RRS § 11590, part. Cf. 1913 c 161 §
12, part.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.16.073
57.16.073 Sanitary sewer and potable water facilities—Notice to certain property owners. Whenever it is
proposed that an improvement district finance sanitary sewer
or potable water facilities, additional notice of the public
hearing on the proposed improvement district shall be mailed
to the owners of any property located outside of the proposed
improvement district that would be required as a condition of
federal housing administration loan qualification, at the time
of notice, to be connected to the specific sewer or water facilities installed by the improvement district. The notice shall
include information about this restriction. [1996 c 230 § 603;
1987 c 315 § 6.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
[Title 57 RCW—page 25]
57.16.075
Title 57 RCW: Water-Sewer Districts
57.16.075
57.16.075 Exemption of farm and agricultural land
from special benefit assessments. See RCW 84.34.300
through 84.34.380 and 84.34.922.
57.16.080
57.16.080 Enlarged district. If any portion of the system after its installation is not adequate for the purpose for
which it was intended, or if for any reason changes, alterations, or betterments are necessary in any portion of the system after its installation, then an improvement district with
boundaries which may include one or more existing improvement districts may be created in the district in the same manner as is provided herein for the creation of improvement districts. Upon the organization of such an improvement district,
the plan of the improvement and the payment of the cost of
the improvement shall be carried out in the same manner as is
provided herein for the carrying out of and the paying for the
improvement in the improvement districts previously provided for in this title. [1996 c 230 § 607; 1959 c 18 § 13.
Prior: 1929 c 114 § 12, part; RRS § 11590, part. Cf. 1913 c
161 § 12.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.16.090
57.16.090 Review. The decision of the district board of
commissioners upon any objections made within the time and
in the manner herein prescribed may be reviewed by the
superior court upon an appeal thereto taken in the following
manner. The appeal shall be made by filing written notice of
appeal with the secretary of the board of commissioners and
with the clerk of the superior court in the county in which the
real property is situated within ten days after publication of a
notice that the resolution confirming such assessment roll has
been adopted, and such notice of appeal shall describe the
property and set forth the objections of such appellant to such
assessment. Within ten days from the filing of such notice of
appeal with the clerk of the superior court, the appellant shall
file with the clerk of the court a transcript consisting of the
assessment roll and the appellant’s objections thereto,
together with the resolution confirming the assessment roll
and the record of the district commissioners with reference to
the assessment. The transcript, upon payment of the necessary fees therefor, shall be furnished by the secretary of the
board of commissioners and shall be certified by the secretary to contain full, true, and correct copies of all matters and
proceedings required to be included in such transcript. Such
fees shall be the same as the fees payable to the county clerk
for the preparation and certification of transcripts on appeal
to the supreme court or the court of appeals in civil actions.
At the time of the filing of the notice of appeal with the clerk
of the superior court, the appellant shall file a sufficient bond
in the penal sum of two hundred dollars, with at least two
sureties, to be approved by the judge of the court, conditioned
to prosecute such appeal without delay, and if unsuccessful to
pay all costs to which the district is put by reason of such
appeal. The court may order the appellant, upon application
therefor, to execute and file such additional bond or bonds as
the necessity of the case may require. Within three days after
such transcript is filed in the superior court, the appellant
shall give written notice to the secretary of the district that
such transcript is filed. The notice shall state a time, not less
than three days from the service thereof, when the appellant
[Title 57 RCW—page 26]
will call up the cause for hearing. The superior court shall, at
such time or at such further time as may be fixed by order of
the court, hear and determine such appeal without a jury. The
appeal shall have preference over all civil causes pending in
the court, except eminent domain proceedings and actions of
forcible entry and detainer. The judgment of the court shall
confirm, unless the court shall find from the evidence that
such assessment is either founded upon a fundamentally
wrong basis or a decision of the board of commissioners
thereon was arbitrary or capricious, or both, in which event
the judgment of the court shall correct, modify, or annul the
assessment insofar as it affects the property of the appellant.
A certified copy of the decision of the court shall be filed with
the officer who shall have custody of the assessment roll,
who shall modify and correct the assessment roll in accordance with such decision. Appellate review of the judgment
of the superior court may be sought as in other civil cases.
However, the appeal must be sought within fifteen days after
the date of the entry of the judgment of such superior court. A
certified copy of the order of the supreme court or the court of
appeals upon such appeal shall be filed with the officer having custody of the assessment roll, who shall thereupon modify and correct the assessment roll in accordance with the
decision. [1996 c 230 § 609; 1991 c 190 § 8; 1988 c 202 § 53;
1982 1st ex.s. c 17 § 18; 1971 c 81 § 126; 1965 ex.s. c 39 § 2;
1929 c 114 § 13; RRS § 11591. Cf. 1913 c 161 § 13.]
Rules of court: Cf. RAP 5.2, 18.22.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Severability—1988 c 202: See note following RCW 2.24.050.
57.16.100
57.16.100 Conclusiveness of roll—Correction of
errors. (1) Whenever any assessment roll for local improvements shall have been confirmed by the district board of commissioners, the regularity, validity, and correctness of the
proceedings relating to the improvements, and to the assessment therefor, including the action of the district commissioners upon the assessment roll and the confirmation
thereof, shall be conclusive in all things upon all parties, and
cannot in any manner be contested or questioned in any proceeding whatsoever by any person not filing written objections to such roll in the manner and within the time provided
in this chapter, and not appealing from the action of the commissioners in confirming such assessment roll in the manner
and within the time in this chapter provided. No proceedings
of any kind shall be commenced or prosecuted for the purpose of defeating or contesting any such assessment, or the
sale of property to pay such assessment, or any certificate of
delinquency issued therefor, or the foreclosure of any lien
issued therefor. However, this section shall not be construed
as prohibiting the bringing of injunction proceedings to prevent the sale of any real estate upon the grounds (a) that the
property about to be sold does not appear upon the assessment roll, or (b) that the assessment had been paid.
(2) This section also shall not prohibit the correction of
clerical errors and errors in the computation of assessments in
assessment rolls by the following procedure:
(a) The board of commissioners may file a petition with
the superior court of the county wherein the real property is
located, asking that the court enter an order correcting such
errors and directing that the county treasurer pay a portion or
(2006 Ed.)
Finances
all of the incorrect assessment by the transfer of funds from
the district’s maintenance fund, if such relief be necessary.
(b) Upon the filing of the petition, the court shall set a
date for hearing and upon the hearing may enter an order as
provided in (a) of this subsection. However, neither the correcting order nor the corrected assessment roll shall result in
an increased assessment to the property owner. [1996 c 230
§ 608; 1929 c 114 § 14; RRS § 11592. Cf. 1913 c 161 § 14.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.16.110
57.16.110 Segregation of assessment—Procedure.
Whenever any land against which there has been levied any
special assessment by any district shall have been sold in part
or divided, the board of commissioners of the district shall
have the power to order a segregation of the assessment.
Any person desiring to have a special assessment against
a tract of land segregated to apply to smaller parts thereof
shall apply to the board of commissioners of the district that
levied the assessment. If the commissioners determine that a
segregation should be made, they shall by resolution order
the treasurer of the county in which the real property is
located to make segregation on the original assessment roll as
directed in the resolution. The segregation shall be made as
nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the
assessment shall equal the assessment before segregation.
The resolution shall describe the original tract and the
amount and date of the original assessment, and shall define
the boundaries of the divided parts and the amount of the
assessment chargeable to each part. A certified copy of the
resolution shall be delivered to the treasurer of the county in
which the real property is located who shall proceed to make
the segregation. The board of commissioners may require as
a condition to the order of segregation that the person seeking
it pay the district the reasonable engineering and clerical
costs incident to making the segregation. [1999 c 153 § 16;
1998 c 106 § 5; 1996 c 230 § 610; 1982 1st ex.s. c 17 § 19;
1953 c 251 § 23.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Segregation duties of county treasurer: RCW 36.29.160.
57.16.120
57.16.120 Acquisition of property subject to local
improvement assessments—Payment.
See RCW
79.44.190.
57.16.140 Excess sewer capacity or water supply not
grounds for zoning decision challenge. The construction of
or existence of sewer capacity or water supply in excess of
the needs of the density allowed by zoning shall not be
grounds for any legal challenge to any zoning decision by the
county. [1996 c 230 § 504; 1982 c 213 § 4.]
57.16.140
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.16.150
57.16.150 Foreclosure of assessments—Attorneys’
fees. Judgments foreclosing special assessments pursuant to
RCW 35.50.260 may also allow to districts, in addition to
(2006 Ed.)
57.20.010
delinquent installments, interest, penalties, and costs, such
attorneys’ fees as the court may adjudge reasonable. [1996 c
230 § 611; 1987 c 449 § 16.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.16.160
57.16.160 Review of sewer general comprehensive
plan—Time limitations—Notice of rejection of plan or
extension of timeline. For any new or revised sewer general
comprehensive plan submitted by a water-sewer district for
review under this chapter, the appropriate state agency shall
review and either approve, conditionally approve, reject, or
request amendments within ninety days of the receipt of the
submission of the plan. The appropriate state agency may
extend this ninety-day time limitation for new submittals by
up to an additional ninety days if insufficient time exists to
adequately review the general comprehensive plan. For rejections of plans or extensions of the timeline, the appropriate
state agency shall provide in writing to the water-sewer district the reason for such action. In addition, the governing
body of the water-sewer district and the appropriate state
agency may mutually agree to an extension of the deadlines
contained in this section. [2002 c 161 § 2.]
Chapter 57.20
Chapter 57.20 RCW
FINANCES
Sections
57.20.010
57.20.015
57.20.018
57.20.0181
57.20.019
57.20.020
57.20.023
57.20.025
57.20.027
57.20.030
57.20.080
57.20.090
57.20.105
57.20.110
57.20.120
57.20.130
57.20.135
57.20.140
57.20.150
57.20.160
57.20.165
57.20.170
General obligation bonds—Term—Issuance—Excess bond
retirement levies.
Refunding general obligation bonds.
Revenue bonds authorized—Use.
Additional revenue bonds for increased cost of improvements.
Additions and betterments.
Revenue bonds—Special fund.
Covenants to guarantee payment of revenue bonds—Bonds
payable from same source may be issued on parity.
Refunding revenue bonds.
Revenue warrants and revenue bond anticipation warrants.
Local improvement guaranty fund.
Guaranty fund—Subrogation of district as trustee.
Rights and remedies of bond owner.
Vote on general indebtedness.
Limitation of indebtedness.
Additional indebtedness—Ballot proposition.
Bonds—Payment of interest.
Treasurer—Designation—Approval—Powers and duties—
Bond.
Maintenance or general fund and special funds.
Maintenance or general fund and special funds—Use of surplus in maintenance or general fund.
Maintenance or general fund and special funds—Deposits
and investments.
Deposit account requirements.
Maintenance or general fund and special funds—Loans from
maintenance or general funds to construction funds or
other funds.
Election to authorize revenue bonds: RCW 57.20.018.
57.20.010
57.20.010 General obligation bonds—Term—Issuance—Excess bond retirement levies. When general district indebtedness payable from annual tax levies to be made
in excess of the constitutional and/or statutory tax limitations
has been authorized, the district may issue its general obligation bonds in payment thereof.
The bonds shall not have terms in excess of twenty years
and shall as nearly as practicable be issued for a period which
[Title 57 RCW—page 27]
57.20.015
Title 57 RCW: Water-Sewer Districts
will not exceed the life of the improvement to be acquired by
the issuance of the bonds. The bonds shall be issued and sold
in accordance with chapter 39.46 RCW. The election at
which the voters are presented with a ballot proposition
authorizing both the bond issue and imposition of excess
bond retirement levies shall be held as provided in RCW
39.36.050.
Whenever the proposition to issue such bonds and
impose such excess bond retirement levies has been
approved, there shall be levied by the officers or governing
body charged with the duty of levying taxes, annual levies in
excess of the constitutional and/or statutory tax limitations
sufficient to meet the annual or semiannual payments of principal and interest on the bonds upon all taxable property
within the district. [1984 c 186 § 53; 1983 c 167 § 162; 1973
1st ex.s. c 195 § 71; 1970 ex.s. c 56 § 83; 1969 ex.s. c 232 §
87; 1953 c 251 § 12; 1951 2nd ex.s. c 25 § 3; 1931 c 72 § 2;
1929 c 114 § 11; RRS § 11589. Cf. 1913 c 161 § 11.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
57.20.015
57.20.015 Refunding general obligation bonds. (1)
The board of commissioners of any district may by resolution, without submitting the matter to the voters of the district, provide for the issuance of refunding general obligation
bonds to refund any outstanding general obligation bonds, or
any part thereof, at maturity thereof, or before the maturity
thereof if they are subject to call for prior redemption or all of
the owners thereof consent thereto. Refunding bonds may be
combined with an issue of bonds for other district purposes,
as long as those other bonds are approved in accordance with
applicable law.
(2) The total cost to the district over the life of the
refunding bonds or refunding portion of an issue of bonds
shall not exceed the total cost to the district which the district
would have incurred but for such refunding over the remainder of the life of the bonds to be refunded thereby.
(3) The refunding bonds may be exchanged for the bonds
to be refunded thereby, or may be sold in such manner as the
board of commissioners deems to be for the best interest of
the district, and the proceeds of such sale used exclusively for
the purpose of paying, retiring, and canceling the bonds to be
refunded and interest thereon. Such bonds may be of any
form, including bearer bonds or registered bonds as provided
in RCW 39.46.030. [1996 c 230 § 702; 1984 c 186 § 54;
1983 c 167 § 163; 1973 1st ex.s. c 195 § 72; 1953 c 251 § 16.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Election to authorize revenue bonds: RCW 57.20.018.
[Title 57 RCW—page 28]
57.20.018
57.20.018 Revenue bonds authorized—Use. (1) The
commissioners may, without submitting a proposition to the
voters, authorize by resolution the district to issue revenue
bonds for the construction costs, interest during the period of
construction and six months thereafter, working capital or
other costs of the improvements described in any part or all of
a general comprehensive plan or plans, or for other purposes
or functions of a district authorized by statute. The amount of
the bonds to be issued shall be included in the resolution.
(2) Any resolution authorizing the issuance of revenue
bonds may include provision for refunding any local
improvement district bonds of a district, out of the proceeds
of sale of revenue bonds, and a district may pay off any outstanding local improvement bonds with such funds either by
purchase in the open market below their par value and
accrued interest or by call at par value and accrued interest at
the next succeeding interest payment date. The bonds may be
in any form, including bearer bonds or registered bonds as
provided by RCW 39.46.030.
(3) Notwithstanding subsection (1) of this section, district revenue bonds may be issued and sold in accordance
with chapter 39.46 RCW. [1996 c 230 § 703; 1987 c 449 §
14; 1983 c 167 § 160; 1977 ex.s. c 299 § 4; 1959 c 108 § 8;
1959 c 18 § 8. Prior: 1953 c 251 § 6; 1951 c 112 § 1; 1939 c
128 § 2, part; 1937 c 177 § 1, part; 1929 c 114 § 10, part; RRS
§ 11588, part. Cf. 1913 c 161 § 10, part. Formerly RCW
57.16.030.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
57.20.0181
57.20.0181 Additional revenue bonds for increased
cost of improvements. Whenever a district shall have
adopted a general comprehensive plan and bonds to defray
the cost thereof shall have been authorized by resolution of
the board of commissioners, and before the completion of the
improvements the board of commissioners shall find by resolution that the authorized bonds are not sufficient to defray
the cost of such improvements due to the increase of costs of
construction subsequent to the adoption of the plan, the board
of commissioners may by resolution authorize the issuance
and sale of additional revenue bonds for such purpose in
excess of those previously issued. [1996 c 230 § 704; 1977
ex.s. c 299 § 5; 1959 c 108 § 10. Formerly RCW 57.16.035.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.20.019
57.20.019 Additions and betterments. In the same
manner as provided for the adoption of an original general
comprehensive plan, a plan providing for additions and betterments to the original general comprehensive plan may be
adopted. Without limiting its generality "additions and betterments" shall include any necessary change in, amendment of,
or addition to the general comprehensive plan.
The district may incur a general indebtedness payable
from annual tax levies to be made in excess of the constitutional tax limitation for the construction of the additions and
betterments in the same way that general indebtedness may
be incurred for the construction of the original general comprehensive plan after submission to the voters of the entire
(2006 Ed.)
Finances
district in the manner the original proposition to incur indebtedness was submitted as provided in RCW 57.20.105. Upon
ratification the additions and betterments may be carried out
by the commissioners to the extent specified or referred to in
the proposition to incur the general indebtedness.
The district may issue revenue bonds to pay for the construction of the additions and the betterments pursuant to resolution of the board of commissioners. [1996 c 230 § 705;
1984 c 186 § 52; 1977 ex.s. c 299 § 6; 1973 1st ex.s. c 195 §
70; 1959 c 108 § 9; 1959 c 18 § 9. Prior: 1953 c 251 § 7; 1951
2nd ex.s. c 25 § 2; 1951 c 112 § 2; 1939 c 128 § 2, part; 1937
c 177 § 1, part; 1929 c 114 § 10, part; RRS § 11588, part. Cf.
1913 c 161 § 10, part. Formerly RCW 57.16.040.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
57.20.020
57.20.020 Revenue bonds—Special fund. (1) The
commissioners shall have power and are required to create a
special fund or funds for the sole purpose of paying the interest and principal of revenue bonds into which special fund or
funds the commissioners shall obligate and bind the district
to set aside and pay a fixed proportion of the gross revenues
of the water supply, sewer, or drainage system or any fixed
amount out of and not exceeding a fixed proportion of such
revenues, or a fixed amount or amounts without regard to any
fixed proportion, and such bonds and the interest thereof shall
be payable only out of such special fund or funds, and shall
be a lien and charge against all revenues and payments
received from any utility local improvement district or districts pledged to secure such bonds, subject only to operating
and maintenance expenses.
In creating any such special fund or funds the commissioners shall have due regard to the cost of operation and
maintenance of the plant or system as constructed or added to
and to any proportion or part of the revenue previously
pledged as a fund for the payment of bonds, warrants, or
other indebtedness, and shall not set aside into such special
fund a greater amount or proportion of the revenue and proceeds than in their judgment will be available over and above
such cost of maintenance and operation and the amount or
proportion, if any, of the revenue so previously pledged. Any
such bonds and interest thereon issued against any such fund
as provided in this section shall be a valid claim of the owner
thereof only as against the special fund and its fixed proportion or amount of the revenue pledged to such fund, and shall
not constitute an indebtedness of the district within the meaning of the constitutional provisions and limitations. Each
such bond shall state upon its face that it is payable from a
special fund, naming the fund and the resolution creating it.
Such bonds shall be sold in such manner, at such price, and at
such rate or rates of interest as the commissioners shall deem
for the best interests of the district, either at public or private
sale, and the commissioners may provide in any contract for
the construction and acquirement of the proposed improvement (and for the refunding of outstanding local improvement district obligations, if any) that payment therefor shall
be made in such bonds at par value thereof.
(2006 Ed.)
57.20.023
When any such special fund shall have been heretofore
or shall be hereafter created and any such bonds shall have
been heretofore or shall hereafter be issued against the same
a fixed proportion or a fixed amount out of and not to exceed
such fixed proportion, or a fixed amount or amounts without
regard to any fixed proportion, of revenue shall be set aside
and paid into the special fund as provided in the resolution
creating such fund or authorizing such bonds. In case any district shall fail thus to set aside and pay the fixed proportion or
amount, the owner of any bond payable from such special
fund may bring suit or action against the district and compel
such setting aside and payment.
(2) Revenue bonds payable from a special fund may be
issued and sold in accordance with chapter 39.46 RCW.
[1996 c 230 § 706; 1991 c 347 § 20; 1983 c 167 § 164; 1975
1st ex.s. c 25 § 3; 1970 ex.s. c 56 § 84; 1969 ex.s. c 232 § 88;
1959 c 108 § 11; 1939 c 128 § 3; RRS § 11588-1.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Authority to adjust or delay rates or charges for low-income persons: RCW
57.08.014.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
57.20.023
57.20.023 Covenants to guarantee payment of revenue bonds—Bonds payable from same source may be
issued on parity. The board of commissioners may make
such covenants as it may deem necessary to secure and guarantee the payment of the principal of and interest on revenue
bonds of the district, including but not being limited to covenants for the establishment and maintenance of adequate
reserves to secure or guarantee the payment of such principal
and interest; the protection and disposition of the proceeds of
sale of such bonds; the use and disposition of the gross revenues of the water supply system, sewer system, or drainage
system of the district and any additions or betterments thereto
or extensions thereof; the use and disposition of any utility
local improvement district assessments; the creation and
maintenance of funds for renewals and replacements of the
system; the establishment and maintenance of rates and
charges adequate to pay principal and interest of such bonds
and to maintain adequate coverage over debt service; the
maintenance, operation and management of the system and
the accounting, insuring and auditing of the business in connection therewith; the terms upon which such bonds or any of
them may be redeemed at the election of the district; limitations upon the right of the district to dispose of its system or
any part thereof; the appointment of trustees, depositaries and
paying agents to receive, hold, disburse, invest and reinvest
all or any part of the proceeds of sale of the bonds and all or
any part of the income, revenue and receipts of the district,
and the commissioners may make such other covenants as it
may deem necessary to accomplish the most advantageous
[Title 57 RCW—page 29]
57.20.025
Title 57 RCW: Water-Sewer Districts
sale of such bonds. The board of commissioners may also
provide that revenue bonds payable out of the same source or
sources may later be issued on a parity with any revenue
bonds being issued and sold. [1996 c 230 § 707; 1959 c 108
§ 12.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
applicable to such warrants. Districts issuing revenue bond
anticipation warrants may make covenants relative to the
issuance of revenue bonds to provide funds for the redemption of part or all of such warrants and may contract for the
sale of such bonds and warrants. [1996 c 230 § 709; 1975 1st
ex.s. c 25 § 5.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.20.025
57.20.025 Refunding revenue bonds. The board of
commissioners of any district may by resolution provide for
the issuance of refunding revenue bonds to refund outstanding general obligation bonds and/or revenue bonds, or any
part thereof, and/or all outstanding local improvement district
bonds, at maturity thereof, or before maturity thereof if they
are subject to call for prior redemption or all of the holders
thereof consent thereto. The total interest cost to the district
over the life of the refunding bonds shall not exceed the total
cost to the district which the district would have incurred but
for such refunding over the remainder of the life of the bonds
to be refunded thereby. The refunding bonds may be
exchanged for the bonds to be refunded thereby, or may be
sold in such manner as the board of commissioners deems to
be for the best interest of the district, and the proceeds used,
except as hereinafter provided, exclusively for the purpose of
paying, retiring, and canceling the bonds to be refunded and
interest thereon.
All unpaid utility local improvement district assessments
payable into the revenue bond redemption fund established
for payment of the bonds to be refunded shall thereafter when
collected be paid into the revenue bond redemption fund
established for payment of the refunding revenue bonds.
Whenever local improvement district bonds have been
refunded as provided by RCW 57.20.018, or pursuant to this
section, all local improvement district assessments remaining
unpaid shall thereafter when collected be paid into the revenue bond redemption fund established for payment of the
refunding revenue bonds, and the cash balance, if any, in the
local improvement guaranty fund of the district and the proceeds received from any other assets owned by such fund
shall be used in whole or in part as a reserve fund for the
refunding revenue bonds or be transferred in whole or in part
to any other funds of the district as the board of commissioners may determine. If any warrants are outstanding against
the local improvement guaranty fund of the district at the
time of the issuance of such refunding revenue bonds, the
bonds shall be issued in an amount sufficient also to fund and
pay such outstanding warrants.
The provisions of RCW 57.20.020 shall apply to the
refunding revenue bonds issued under this title. [1996 c 230
§ 708; 1977 ex.s. c 299 § 8; 1959 c 108 § 13; 1953 c 251 §
17.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.20.027
57.20.027 Revenue warrants and revenue bond
anticipation warrants. Districts may also issue revenue
warrants and revenue bond anticipation warrants for the same
purposes for which such districts may issue revenue bonds.
The provisions of this chapter relating to the authorization,
terms, conditions, covenants, issuance and sale of revenue
bonds (exclusive of provisions relating to refunding) shall be
[Title 57 RCW—page 30]
57.20.030
57.20.030 Local improvement guaranty fund. Every
district in the state is authorized to create a fund for the purpose of guaranteeing, to the extent of such fund, and in the
manner hereinafter provided, the payment of all of its local
improvement bonds issued to pay for any local improvement
within its confines. Such fund shall be designated "Local
Improvement Guaranty Fund of the ". . . . . Water-Sewer District," ". . . . . Water District," ". . . . . Sewer District," or
". . . . . District No. . . . . .," and shall be established by resolution of the board of commissioners. For the purpose of
maintaining such fund, every district, after the establishment
thereof, shall at all times set aside and pay into such a fund
such proportion of the monthly gross revenues of the water
supply, sewer, or drainage system of such district as the commissioners thereof may direct by resolution. This proportion
may be varied from time to time as the commissioners deem
expedient or necessary. However, under the existence of the
conditions set forth in subsections (1) and (2) of this section,
then the proportion must be as specified in subsections (1)
and (2) of this section:
(1) Whenever any bonds of any local improvement district have been guaranteed under this section and RCW
57.20.080 and 57.20.090 and the guaranty fund does not have
a cash balance equal to twenty percent of all bonds originally
guaranteed under this section and RCW 57.20.080 and
57.20.090 (excluding issues which have been retired in full),
then twenty percent of the gross monthly revenues derived
from water, sewer, and drainage systems in the territory
included in the local improvement district (but not necessarily from users in other parts of the district as a whole) shall be
set aside and paid into the guaranty fund, except that whenever under the requirements of this subsection, the cash balance accumulates so that it is equal to twenty percent of all
bonds guaranteed, or to the full amount of all bonds guaranteed, outstanding and unpaid (which amount might be less
than twenty percent of the original total guaranteed), then no
further money need be set aside and paid into the guaranty
fund so long as the condition shall continue.
(2) Whenever any warrants issued against the guaranty
fund, as provided in this section, remain outstanding and
uncalled for lack of funds for six months from the date of
issuance thereof; or whenever any coupons or bonds guaranteed under this section and RCW 57.20.080 and 57.20.090
have been matured for six months and have not been
redeemed either in cash or by issuance and delivery of warrants upon the guaranty fund, then twenty percent of the gross
monthly revenues (or such portion thereof as the commissioners of the district determine will be sufficient to retire the
warrants or redeem the coupons or bonds in the ensuing six
months) derived from all water, sewer, and drainage system
users in the district shall be set aside and paid into the guaranty fund. However, whenever under the requirements of this
(2006 Ed.)
Finances
subsection all warrants, coupons, or bonds specified in this
subsection have been redeemed, no further income needs to
be set aside and paid into the guaranty fund under the requirements of this subsection until and unless other warrants
remain outstanding and unpaid for six months or other coupons or bonds default.
(3) For the purposes of complying with the requirements
of setting aside and paying into the local improvement guaranty fund a proportion of the monthly gross revenues of the
water supply, sewer, or drainage system of any district, as
provided in subsections (1) and (2) of this section, that district shall bind and obligate itself to maintain and operate the
applicable system and further bind and obligate itself to
establish, maintain, and collect such rates for water, sewer, or
drainage as will produce gross revenues sufficient to maintain and operate that system and to make necessary provision
for the local improvement guaranty fund as specified by this
section and RCW 57.20.080 and 57.20.090. The district shall
alter its rates for water, sewer, and drainage service from time
to time and shall vary the same in different portions of its territory to comply with those requirements.
(4) Whenever any coupon or bond guaranteed by this
section shall mature and there shall not be sufficient funds in
the appropriate local improvement district bond redemption
fund to pay the same, then the applicable county treasurer
shall pay same from the local improvement guaranty fund of
the district; if there shall not be sufficient funds in the guaranty fund to pay same, then the same may be paid by issuance
and delivery of a warrant upon the local improvement guaranty fund.
(5) Whenever the cash balance in the local improvement
guaranty fund is insufficient for the required purposes, warrants drawing interest at a rate determined by the commissioners may be issued by the applicable county auditor,
against the fund to meet any liability accrued against it and
must be issued upon demand of the holders of any maturing
coupons and/or bonds guaranteed by this section, or to pay
for any certificates of delinquency for delinquent installments
of assessments as provided in subsection (6) of this section.
Guaranty fund warrants shall be a first lien in their order of
issuance upon the gross revenues set aside and paid into that
fund.
(6) Within twenty days after the date of delinquency of
any annual installment of assessments levied for the purpose
of paying the local improvement bonds of any district guaranteed under the provisions of this section, it shall be mandatory for the county treasurer of the county in which the real
property is located to compile a statement of all installments
delinquent, together with the amount of accrued interest and
penalty appurtenant to each of the installments. Thereupon
the applicable county treasurer shall forthwith purchase (for
the district) certificates of delinquency for all such delinquent
installments. Payment for all such certificates of delinquency
shall be made from the local improvement guaranty fund and
if there shall not be sufficient money in the fund to pay for
such certificates of delinquency, the applicable county treasurer shall accept the local improvement guaranty fund warrants in payment therefor. All of those certificates of delinquency shall be issued in the name of the local improvement
guaranty fund and all guaranty fund warrants issued in payment therefor shall be issued in the name of the appropriate
(2006 Ed.)
57.20.080
local improvement district fund. Whenever any market is
available and the commissioners of the district so direct, the
applicable county treasurer shall sell any certificates of delinquency belonging to the local improvement guaranty fund.
However, any such sale must not be for less than face value
thereof plus accrued interest from date of issuance to date of
sale.
(7) Certificates of delinquency, as provided in subsection
(6) of this section, shall be issued by the county treasurer of
the county in which the real property is located, shall bear
interest at the rate of ten percent per annum, shall be in each
instance for the face value of the delinquent installment, plus
accrued interest to date of issuance of certificate of delinquency, plus a penalty of five percent of such face value, and
shall set forth:
(a) Description of property assessed;
(b) Date installment of assessment became delinquent;
(c) Name of owner or reputed owner, if known.
The certificates of delinquency may be redeemed by the
owner of the property assessed at any time up to two years
from the date of foreclosure of such certificate of delinquency. If any such certificate of delinquency is not
redeemed on the second occurring first day of January subsequent to its issuance, the county treasurer who issued the certificate of delinquency shall then proceed to foreclose such
certificate of delinquency in the manner specified for the
foreclosure of the lien of local improvement assessments,
pursuant to chapter 35.50 RCW and if no redemption be
made within the succeeding two years shall execute and
deliver a deed conveying fee simple title to the property
described in the foreclosed certificate of delinquency. [1996
c 230 § 710; 1982 1st ex.s. c 17 § 20; 1981 c 156 § 20; 1937
c 102 § 1; 1935 c 82 § 1; RRS § 11589-1. Formerly RCW
57.20.030 through 57.20.070.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.20.080
57.20.080 Guaranty fund—Subrogation of district as
trustee. Whenever there shall be paid out of a guaranty fund
any sum on account of principal or interest upon a local
improvement bond, or on account of purchase of certificates
of delinquency, the district, as trustee for the fund, shall be
subrogated to all rights of the owner of the bonds, or any
interest, or delinquent assessment installments, so paid; and
the proceeds thereof, or of the assessment or assessments
underlying the same, shall become a part of the guaranty
fund. There shall also be paid into such guaranty fund the
interest received from the bank deposits of the fund, as well
as any surplus remaining in the local improvement funds
guaranteed by the guaranty fund, after the payment of all outstanding bonds payable primarily out of such local improvement funds. As among the several issues of bonds guaranteed
by the fund, no preference shall exist, but defaulted bonds
and any defaulted interest payments shall be purchased out of
the fund in the order of their presentation.
The commissioners of every district that establishes a
guaranty fund shall prescribe, by resolution, appropriate rules
and regulations for the guaranty fund, not inconsistent herewith. So much of the money of a guaranty fund as is necessary and is not required for other purposes under this section
and RCW 57.20.030 and 57.20.090 may, at the discretion of
[Title 57 RCW—page 31]
57.20.090
Title 57 RCW: Water-Sewer Districts
the commissioners of the district, be used to purchase property at county tax foreclosure sales or from the county after
foreclosure in cases where such property is subject to unpaid
local improvement assessments securing bonds guaranteed
by the guaranty fund and such purchase is deemed necessary
for the purpose of protecting the guaranty fund. In such cases
the guaranty fund shall be subrogated to all rights of the district. After so acquiring title to real property, the district may
lease or resell and convey the same in the same manner that
county property is authorized to be leased or resold and for
such prices and on such terms as may be determined by resolution of the board of commissioners. Any provision of law to
the contrary notwithstanding, all proceeds resulting from
such resales shall belong to and be paid into the guaranty
fund. [1996 c 230 § 711; 1983 c 167 § 165; 1937 c 102 § 2;
1935 c 82 § 2; RRS § 11589-2.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
retirement levies must be adopted by three-fifths of the voters
voting thereon, at which election the total number of persons
voting on the proposition shall constitute not less than forty
percent of the total number of votes cast in the district at the
last preceding general election. The bonds shall not be issued
to run for a period longer than thirty years from the date of the
issue. The bonds shall be issued and sold in accordance with
chapter 39.46 RCW.
Whenever the proposition to issue general obligation
bonds and impose such excess bond retirement levies has
been approved, there shall be levied by the officers or governing body charged with the duty of levying taxes, annual
levies in excess of the constitutional tax limitation sufficient
to meet the annual or semiannual payments of principal and
interest on the bonds upon all taxable property within the district. [1996 c 230 § 701; 1984 c 186 § 51; 1974 ex.s. c 31 §
1. Prior: 1973 1st ex.s. c 195 § 69; 1959 c 108 § 7; 1959 c 18
§ 7; prior: 1953 c 251 § 5; 1951 2nd ex.s. c 25 § 1; 1939 c 128
§ 2, part; 1937 c 177 § 1, part; 1929 c 114 § 10, part; RRS §
11588, part. Cf. 1913 c 161 § 10, part. Formerly RCW
57.16.020.]
57.20.090
57.20.090 Rights and remedies of bond owner. The
owner of any local improvement bonds guaranteed under the
provisions of this section and RCW 57.20.030 and 57.20.080
shall not have any claim therefor against the district by which
the same is issued, except for payment from the special
assessments made for the improvement for which the local
improvement bonds were issued, and except as against the
local improvement guaranty fund of the district; and the district shall not be liable to any owner of such local improvement bond for any loss to the guaranty fund occurring in the
lawful operation thereof by the district. The remedy of the
owner of a local improvement bond, in case of nonpayment,
shall be confined to the enforcement of the assessment and to
the guaranty fund. A copy of the foregoing part of this section
shall be plainly written, printed or engraved on each local
improvement bond guaranteed by this section and RCW
57.20.030 and 57.20.080. The establishment of a local
improvement guaranty fund by any district shall not be
deemed at variance from any comprehensive plan heretofore
adopted by that district.
If any local improvement guaranty fund hereunder
authorized at any time has a balance therein in cash, and the
obligations guaranteed thereby have all been paid off, then
such balance shall be transferred to the maintenance fund of
the district. [1996 c 230 § 712; 1983 c 167 § 166; 1937 c 102
§ 3; 1935 c 82 § 3; RRS § 11589-3.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
57.20.105
57.20.105 Vote on general indebtedness. The commissioners may submit to the voters of the district at any general or special election, a proposition that the district incur a
general indebtedness payable from annual tax levies to be
made in excess of the constitutional tax limitation for the construction of any part or all of the improvements described in
its general comprehensive plan or plans. Elections shall be
held as provided in RCW 39.36.050. The proposition authorizing both the bond issue and imposition of excess bond
[Title 57 RCW—page 32]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Limitation on
levies: State Constitution Art. 7 § 2; RCW 84.52.010, 84.52.050 through
84.52.056.
municipal corporation indebtedness: State Constitution Art. 8 § 6.
57.20.110
57.20.110 Limitation of indebtedness. A district is
authorized and empowered by and through its board of commissioners to contract indebtedness for its purposes, and the
maintenance thereof not exceeding one-half of one percent of
the value of the taxable property in the district, as the term
"value of the taxable property" is defined in RCW 39.36.015.
[1996 c 230 § 713; 1970 ex.s. c 42 § 35; 1929 c 114 § 19;
RRS § 11596. Cf. 1913 c 161 § 18.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Limitation on municipal corporation indebtedness: State Constitution Art. 8
§ 6.
57.20.120
57.20.120 Additional indebtedness—Ballot proposition. A district may contract indebtedness in excess of the
amount named in RCW 57.20.110, but not exceeding in
amount, together with existing indebtedness, two and onehalf percent of the value of the taxable property in that district, as the term "value of the taxable property" is defined in
RCW 39.36.015, and impose excess property tax levies to
retire the indebtedness whenever a ballot proposition authorizing the indebtedness and excess levies is approved as provided under Article VII, section 2, and Article VIII, section 6,
of the state Constitution, at an election to be held in the district in the manner provided by this title and RCW 39.36.050.
[1999 c 153 § 17; 1996 c 230 § 714; 1984 c 186 § 55; 1970
ex.s. c 42 § 36; 1929 c 114 § 20; RRS § 11597. Cf. 1913 c 161
§ 19.]
(2006 Ed.)
Finances
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
57.20.130
57.20.130 Bonds—Payment of interest. Any coupons
for the payment of interest on bonds of any district shall be
considered for all purposes as warrants drawn upon the general fund of the district issuing such bonds, and when presented to the treasurer of the county having custody of the
funds of such district at maturity, or thereafter, and when so
presented, if there are not funds in the treasury to pay the coupons, it shall be the duty of the county treasurer to endorse the
coupons as presented for payment, in the same manner as
county warrants are indorsed, and thereafter the coupons
shall bear interest at the same rate as the bonds to which they
were attached. When there are no funds in the treasury to
make interest payments on bonds not having coupons, the
overdue interest payment shall continue bearing interest at
the bond rate until it is paid, unless otherwise provided in the
proceedings authorizing the sale of the bonds. [1996 c 230 §
715; 1983 c 167 § 167; 1929 c 114 § 22; RRS § 11599. Cf.
1913 c 161 § 21.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
57.20.165
tricts, and no money shall be disbursed therefrom except
upon warrants of the county auditor issued by authority of the
commissioners or upon a resolution of the commissioners
ordering a transfer to any other fund of the district. The treasurer also shall maintain such other special funds as may be
prescribed by the district, into which shall be placed such
money as the board of commissioners may by its resolution
direct, and from which disbursements shall be made upon
proper warrants of the county auditor issued against the same
by authority of the board of commissioners. [1999 c 153 §
18; 1996 c 230 § 717; 1983 c 57 § 3; 1959 c 108 § 14; 1929 c
114 § 23; RRS § 11600. Cf. 1913 c 161 § 22.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.20.150
57.20.150 Maintenance or general fund and special
funds—Use of surplus in maintenance or general fund.
Whenever a district has accumulated money in the maintenance fund or general fund of the district in excess of the
requirements of that fund, the board of commissioners may in
its discretion use any of that surplus money for any of the following purposes: (1) Redemption or servicing of outstanding
obligations of the district; (2) maintenance expenses of the
district; (3) construction or acquisition of any facilities necessary to carry out the purposes of the district; or (4) any other
proper district purpose. [1996 c 230 § 718; 1959 c 108 § 15.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.20.135
57.20.135 Treasurer—Designation—Approval—
Powers and duties—Bond. Upon obtaining the approval of
the county treasurer, the board of commissioners of a district
with more than twenty-five hundred water customers or
sewer customers may designate by resolution some other person having experience in financial or fiscal matters as the
treasurer of the district. Such a treasurer shall possess all of
the powers, responsibilities, and duties of, and shall be subject to the same restrictions as provided by law for, the county
treasurer with regard to a district, and the county auditor with
regard to district financial matters. Such treasurer shall be
bonded for not less than twenty-five thousand dollars.
Approval by the county treasurer authorizing such a district
to designate its treasurer shall not be arbitrarily or capriciously withheld. [1996 c 230 § 716; 1988 c 162 § 11; 1983
c 57 § 4.]
57.20.160 Maintenance or general fund and special
funds—Deposits and investments. Whenever there shall
have accumulated in any general or special fund of a district
money, the disbursement of which is not yet due, the board of
commissioners may, by resolution, authorize the treasurer to
deposit or invest such money in qualified public depositaries,
or to invest such money in any investment permitted at any
time by RCW 36.29.020. However, the county treasurer may
refuse to invest any district money the disbursement of which
will be required during the period of investment to meet outstanding obligations of the district. [1996 c 230 § 719; 1986
c 294 § 13; 1983 c 66 § 22; 1981 c 24 § 4; 1973 1st ex.s. c 140
§ 3; 1959 c 108 § 16.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Public depositaries: Chapter 39.58 RCW.
Ratification—1988 c 162 §§ 10 and 11: "Any action taken by a sewer
district treasurer or water district treasurer prior to March 21, 1988, and consistent with sections 10 and 11 of this act is ratified and confirmed." [1988 c
162 § 12.]
57.20.140
57.20.140 Maintenance or general fund and special
funds. The treasurer shall create and maintain a separate
fund designated as the maintenance fund or general fund of
the district into which shall be paid all money received by the
treasurer from the collection of taxes other than taxes levied
for the payment of general obligation bonds of the district and
all revenues of the district other than assessments levied in
local improvement districts or utility local improvement dis(2006 Ed.)
57.20.160
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Severability—1983 c 66: See note following RCW 39.58.010.
57.20.165
57.20.165 Deposit account requirements. District
money shall be deposited by the district in any account,
which may be interest-bearing, subject to such requirements
and conditions as may be prescribed by the state auditor. The
account shall be in the name of the district except upon
request by the treasurer, the accounts shall be in the name of
the ". . .(name of county). . . county treasurer." The treasurer
may instruct the financial institutions holding the deposits to
transfer them to the treasurer at such times as the treasurer
may deem appropriate, consistent with regulations governing
and policies of the financial institution. [1996 c 230 § 720;
1981 c 24 § 2.]
[Title 57 RCW—page 33]
57.20.170
Title 57 RCW: Water-Sewer Districts
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.20.170
57.20.170 Maintenance or general fund and special
funds—Loans from maintenance or general funds to construction funds or other funds. The board of commissioners of any district may, by resolution, authorize and direct a
loan or loans from maintenance funds or general funds of the
district to construction funds or other funds of the district, so
long as that loan or loans do not, in the opinion of the board
of commissioners, impair the ability of the district to operate
and maintain its water supply, sewer, drainage, or street lighting systems. [1996 c 230 § 721; 1959 c 108 § 17.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Chapter 57.22 RCW
CONTRACTS FOR SYSTEM EXTENSIONS
Chapter 57.22
Sections
57.22.010
57.22.020
57.22.030
57.22.040
57.22.050
Contracts—Conditions.
Reimbursement to owner—Contract requirements.
Scope of reimbursement.
Reimbursement—Procedures.
District participation in financing project.
57.22.010
57.22.010 Contracts—Conditions. If the district
approves an extension to the system, the district shall contract
with owners of real estate located within the district boundaries, at an owner’s request, for the purpose of permitting
extensions to the district’s system to be constructed by such
owner at such owner’s sole cost where such extensions are
required as a prerequisite to further property development.
The contract shall contain such conditions as the district may
require pursuant to the district’s adopted policies and standards. The district shall request comprehensive plan approval
for such extension, if required, and connection of the extension to the district system is conditioned upon:
(1) Construction of such extension according to plans
and specifications approved by the district;
(2) Inspection and approval of such extension by the district;
(3) Transfer to the district of such extension without cost
to the district upon acceptance by the district of such extension;
(4) Payment of all required connection charges to the
district;
(5) Full compliance with the owner’s obligations under
such contract and with the district’s rules and regulations;
(6) Provision of sufficient security to the district to
ensure completion of the extension and other performance
under the contract;
(7) Payment by the owner to the district of all of the district’s costs associated with such extension including, but not
limited to, the district’s engineering, legal, and administrative
costs; and
(8) Verification and approval of all contracts and costs
related to such extension. [1996 c 230 § 801; 1989 c 389 §
11.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
[Title 57 RCW—page 34]
57.22.020
57.22.020 Reimbursement to owner—Contract
requirements. (1) Except as otherwise provided in subsection (2) of this section, the contract shall also provide, subject
to the terms and conditions in this section, for the reimbursement to the owner or the owner’s assigns for a period not to
exceed fifteen years of a portion of the costs of the facilities
constructed pursuant to such contract from connection
charges received by the district from other property owners
who subsequently connect to or use the facilities within the
period of time that the contract is effective and who did not
contribute to the original cost of such facilities.
(2)(a) The contract may provide for an extension of the
fifteen-year reimbursement period for a time not to exceed
the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents
making applications for, or the approval of, any new development for a period of six months or more within the benefit
area of the system extensions authorized under this chapter.
(b) Upon the extension of the reimbursement period pursuant to (a) of this subsection, the contract must specify the
duration of the contract extension and must be filed and
recorded with the county auditor. Property owners who are
subject to the reimbursement obligations under subsection (1)
of this section shall be notified by the water-sewer district of
the extension filed under this subsection.
(3) Each contract shall include a provision requiring that
every two years from the date the contract is executed a property owner entitled to reimbursement under this section provide the water-sewer district with information regarding the
current contract name, address, and telephone number of the
person, company, or partnership that originally entered into
the contract. If the property owner fails to comply with the
notification requirements of this subsection within sixty days
of the specified time, then the water-sewer district may collect any reimbursement funds owed to the property owner
under the contract. Such funds must be deposited in the capital fund of the water-sewer district. [2006 c 88 § 3; 1996 c
230 § 802; 1989 c 389 § 12.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.22.030
57.22.030 Scope of reimbursement. The reimbursement shall be a pro rata share of construction and contract
administration costs of the project. Reimbursement for
projects shall include, but not be limited to, design, engineering, installation, and restoration. [1996 c 230 § 803; 1989 c
389 § 13.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.22.040
57.22.040 Reimbursement—Procedures. The procedures for reimbursement contracts shall be governed by the
following:
(1) A reimbursement area shall be formulated by the
board of commissioners within a reasonable time after the
acceptance of the extension. The reimbursement shall be
based upon a determination by the board of commissioners of
which parcels would require similar improvements upon
development.
(2006 Ed.)
Annexation of Territory
(2) The contract must be recorded in the appropriate
county auditor’s office after the final execution of the agreement. [1996 c 230 § 804; 1989 c 389 § 14.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.22.050 District participation in financing project.
As an alternative to financing projects under this chapter
solely by owners of real estate, districts may join in the
financing of improvement projects and may be reimbursed in
the same manner as the owners of real estate who participate
in the projects, if the board of commissioners has specified
the conditions of its participation in a resolution. [1996 c 230
§ 805; 1989 c 389 § 15.]
57.22.050
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Chapter 57.24
Chapter 57.24 RCW
ANNEXATION OF TERRITORY
Sections
57.24.001
57.24.010
57.24.020
57.24.040
57.24.050
57.24.060
57.24.070
57.24.080
57.24.090
57.24.100
57.24.170
57.24.180
57.24.190
57.24.200
57.24.210
57.24.220
Actions subject to review by boundary review board.
Annexation authorized—Petition—Notice of hearing.
Hearing procedure—Boundaries—Election, notice, judges.
Election—Qualification of voters.
Expense of election.
Petition method is alternative to election method.
Petition method—Petition—Signers—Content—Certain public properties excluded from local improvement districts.
Petition method—Hearing—Notice.
Petition method—Resolution providing for annexation.
Petition method—Effective date of annexation—Prior indebtedness.
Annexation of certain unincorporated territory—Authorized—
Hearing.
Annexation of certain unincorporated territory—Opportunity
to be heard—Effective date of annexation resolution—
Notice—Referendum.
Annexation of certain unincorporated territory—Referendum
authorized—Petition—Election—Effective date of annexation.
Expenditure of funds to provide certain information authorized—Limits.
Annexation of certain unincorporated territory with boundaries contiguous to two municipal corporations providing
water or sewer service—Procedure.
Assumption of substandard water system—Limited immunity
from liability.
57.24.001 Actions subject to review by boundary
review board. Actions taken under this chapter may be subject to potential review by a boundary review board under
chapter 36.93 RCW. [1996 c 230 § 901; 1989 c 84 § 58.]
57.24.001
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.24.010 Annexation authorized—Petition—Notice
of hearing. Territory within the county or counties in which
a district is located, or territory adjoining or in close proximity to a district but which is located in another county, may be
annexed to and become a part of the district. All annexations
shall be accomplished in the following manner: Ten percent
of the number of registered voters residing in the territory
proposed to be annexed who voted in the last municipal general election may file a petition with the district commissioners and cause the question to be submitted to the voters of the
territory whether such territory will be annexed and become a
part of the district. If the commissioners concur in the peti57.24.010
(2006 Ed.)
57.24.020
tion, they shall file it with the county auditor of the county in
which all or the largest geographic portion of the real property proposed to be annexed is located, who shall, within ten
days, examine the signatures thereon and certify to the sufficiency or insufficiency thereof. If the area proposed to be
annexed is located in more than one county, the auditor of the
county in which the largest geographic portion of the area
proposed to be annexed is located shall be the lead auditor
and shall immediately transfer a copy of the petitions to the
auditor of each other county in which the area proposed to be
annexed is located. Within ten days after the lead auditor
received the petition, the auditors of these other counties shall
certify to the lead auditor: (1) The number of voters of that
county residing in the area proposed to be annexed who voted
at the last municipal general election; and (2) the number of
valid signatures on the petition of voters of that county residing in the area proposed to be annexed. The lead auditor shall
certify the sufficiency of the petition after receiving this
information. If the petition contains a sufficient number of
valid signatures, the lead county auditor shall transmit it,
together with a certificate of sufficiency attached thereto, to
the commissioners of the district.
If there are no registered voters residing in the territory
to be annexed, the petition may be signed by such a number
as appear of record to own at least a majority of the acreage
in the territory, and the petition shall disclose the total number of acres of land in the territory and the names of all record
owners of land therein. If the commissioners are satisfied as
to the sufficiency of the petition and concur therein, they
shall send it, together with their certificate of concurrence
attached thereto to the county legislative authority of each
county in which the territory proposed to be annexed is
located.
The county legislative authority, upon receipt of a petition certified to contain a sufficient number of signatures of
registered voters, or upon receipt of a petition signed by such
a number as own at least a majority of the acreage, together
with a certificate of concurrence signed by the commissioners, at a regular or special meeting shall cause to be published
once a week for at least two weeks in a newspaper in general
circulation throughout the territory proposed to be annexed a
notice that the petition has been filed, stating the time of the
meeting at which it shall be presented, and setting forth the
boundaries of the territory proposed to be annexed. [1996 c
230 § 902; 1990 c 259 § 31; 1989 c 308 § 4; 1988 c 162 § 14;
1982 1st ex.s. c 17 § 21; 1959 c 18 § 15. Prior: 1951 2nd ex.s.
c 25 § 5; 1931 c 72 § 5, part; 1929 c 114 § 15, part; RRS §
11593, part. Cf. 1913 c 161 § 15, part.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.24.020
57.24.020 Hearing procedure—Boundaries—Election, notice, judges. When such petition is presented for
hearing, the legislative authority of each county in which the
territory proposed to be annexed is located shall hear the petition or may adjourn the hearing from time to time not exceeding one month in all, and any person, firm, or corporation
may appear before the county legislative authority and make
objections to the proposed boundary lines or to annexation of
the territory described in the petition. Upon a final hearing
each county legislative authority shall make such changes in
[Title 57 RCW—page 35]
57.24.040
Title 57 RCW: Water-Sewer Districts
the proposed boundary lines within the county as it deems to
be proper and shall establish and define such boundaries and
shall find whether the proposed annexation as established by
the county legislative authority to the district will be conducive to the public health, welfare and convenience and will be
of special benefit to the land included within the boundaries
of the territory proposed to be annexed to the district. No
lands which will not, in the judgment of the county legislative
authority, be benefited by inclusion therein, shall be included
within the boundaries of the territory as so established and
defined. No change shall be made by the county legislative
authority in the boundary lines, including any territory outside of the boundary lines described in the petition. No person having signed such petition shall be allowed to withdraw
such person’s name therefrom after the filing of the petition
with the board of commissioners.
Upon the entry of the findings of the final hearing each
county legislative authority, if it finds the proposed annexation to be conducive to the public health, welfare, and convenience and to be of special benefit to the land proposed to
be annexed and included within the boundaries of the district,
shall give notice of a special election to be held within the
boundaries of the territory proposed to be annexed to the district for the purpose of determining whether the same shall be
annexed to the district. The notice shall particularly describe
the boundaries established by the county legislative authority, and shall state the name of the district to which the territory is proposed to be annexed, and the notice shall be published in a newspaper of general circulation in the territory
proposed to be annexed at least once a week for a minimum
of two successive weeks prior to the election and shall be
posted for the same period in at least four public places
within the boundaries of the territory proposed to be annexed,
which notice shall designate the places within the territory
proposed to be annexed where the election shall be held, and
the proposition to the voters shall be expressed on ballots
which contain the words:
For Annexation to District
or
Against Annexation to District
The county legislative authority shall name the persons to act
as judges at that election. [1996 c 230 § 903; 1982 1st ex.s. c
17 § 22; 1959 c 18 § 16. Prior: 1931 c 72 § 5; 1929 c 114 §
15; RRS § 11593. Cf. 1913 c 161 § 15. Formerly RCW
57.24.010, 57.24.020, and 57.24.030.]
election shall be a qualified voter of the county in which such
district is located. It shall be the duty of the county auditor,
upon request of the county legislative authority, to certify the
names of all persons owning land in the district at the date of
the filing of the original petition as shown by the records of
the auditor’s office; and at any such election the county auditor may require any such property owner offering to vote to
take an oath that the property owner is a qualified voter of the
county before the property owner shall be allowed to vote.
However, at any election held under the provisions of this
chapter an officer or agent of any corporation having its principal place of business in the county and owning land at the
date of filing the original petition in the district duly authorized in writing may cast a vote on behalf of such corporation.
When so voting the person shall file with the county auditor
such a written instrument of that person’s authority.
(3) If the majority of the votes cast upon the question of
such election shall be for annexation, then the territory concerned shall immediately be and become annexed to such district and the same shall then forthwith be a part of the district,
the same as though originally included in that district. [1999
c 153 § 19; 1996 c 230 § 904; 1929 c 114 § 16; RRS § 115931.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.24.050
57.24.050 Expense of election. All elections held pursuant to this chapter, whether general or special, shall be conducted by the county auditor of the county in which the district is located. The expense of all such elections shall be paid
for out of the funds of such district. [1999 c 153 § 20; 1996 c
230 § 905; 1929 c 114 § 17; RRS § 11594. Cf. 1913 c 161 §
16.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.24.060
57.24.060 Petition method is alternative to election
method. The method of annexation provided for in RCW
57.24.070 through 57.24.100 shall be an alternative method
to that specified in RCW 57.24.010 through 57.24.050.
[1953 c 251 § 22.]
57.24.070
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.24.040
57.24.040 Election—Qualification of voters. (1) The
annexation election shall be held on the date designated in the
notice and shall be conducted in accordance with the general
election laws of the state. If the original petition for annexation is signed by qualified voters, then only qualified voters
at the date of election residing in the territory proposed to be
annexed, shall be permitted to vote at the election.
(2) If the original petition for annexation is signed by
property owners as provided for in this chapter, then no person shall be entitled to vote at that election unless at the time
of the filing of the original petition he or she owned land in
the district of record and in addition thereto at the date of
[Title 57 RCW—page 36]
57.24.070 Petition method—Petition—Signers—
Content—Certain public properties excluded from local
improvement districts. As an alternative method of annexation, a petition for annexation of an area contiguous to a district may be made in writing, addressed to and filed with the
board of commissioners of the district to which annexation is
desired. It must be signed by the owners, according to the
records of the county auditor, of not less than sixty percent of
the area of land for which annexation is petitioned, excluding
county and state rights of way, parks, tidelands, lakes, retention ponds, and stream and water courses. Additionally, the
petition shall set forth a description of the property according
to government legal subdivisions or legal plats, and shall be
accompanied by a plat which outlines the boundaries of the
property sought to be annexed. Those county and state prop(2006 Ed.)
Annexation of Territory
erties shall be excluded from local improvement districts or
utility local improvement districts in the annexed area and
from special assessments, rates, or charges of the district
except where service has been regulated and provided to such
properties. The owners of such property shall be invited to be
included within local improvement districts or utility local
improvement districts at the time they are proposed for formation. [1996 c 230 § 906; 1985 c 141 § 8; 1953 c 251 § 18.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.24.080 Petition method—Hearing—Notice. If the
petition for annexation filed with the board of commissioners
complies with the requirements of law, as proved to the satisfaction of the board of commissioners, it may entertain the
petition, fix the date for public hearing thereon, and cause
notice of the hearing to be published in one issue of a newspaper of general circulation in the area proposed to be
annexed and also posted in three public places within the area
proposed for annexation. The notice shall specify the time
and place of hearing and invite interested persons to appear
and voice approval or disapproval of the annexation. The
expense of publication and posting of the notice shall be
borne by the signers of the petition. [1953 c 251 § 19.]
57.24.080
57.24.090 Petition method—Resolution providing
for annexation. Following the hearing the board of commissioners shall determine by resolution whether annexation
shall be made. It may annex all or any portion of the proposed
area but may not include in the annexation any property not
described in the petition. Upon passage of the resolution a
certified copy shall be filed with the legislative authority of
the county in which the annexed property is located. [1996 c
230 § 907; 1953 c 251 § 20.]
57.24.090
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.24.190
newspapers of general circulation within the district and one
or more newspapers of general circulation within the area to
be annexed. [1996 c 230 § 908; 1982 c 146 § 4.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.24.180
57.24.180 Annexation of certain unincorporated territory—Opportunity to be heard—Effective date of
annexation resolution—Notice—Referendum. On the
date set for hearing under RCW 57.24.170, residents or property owners of the area included in the resolution for annexation shall be afforded an opportunity to be heard. The board
of commissioners may provide by resolution for annexation
of the territory described in the resolution, but the effective
date of the resolution shall be not less than forty-five days
after the passage thereof. The board of commissioners shall
cause notice of the proposed effective date of the annexation,
together with a description of the property to be annexed, to
be published at least once each week for two weeks subsequent to passage of the resolution, in one or more newspapers
of general circulation within the district and in one or more
newspapers of general circulation within the area to be
annexed. Upon the filing of a timely and sufficient referendum petition under RCW 57.24.190, a referendum election
shall be held under RCW 57.24.190, and the annexation shall
be deemed approved by the voters unless a majority of the
votes cast on the proposition are in opposition thereto. After
the expiration of the forty-fifth day from but excluding the
date of passage of the annexation resolution, if no timely and
sufficient referendum petition has been filed, under RCW
57.24.190, the area annexed shall become a part of the district
upon the date fixed in the resolution of annexation. [1996 c
230 § 909; 1982 c 146 § 5.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.24.190
57.24.100 Petition method—Effective date of annexation—Prior indebtedness. Upon the date fixed in the resolution the area annexed shall become a part of the district.
No property within the limits of the territory so annexed
shall ever be taxed or assessed to pay any portion of the
indebtedness of the district to which it is annexed contracted
prior to or existing at the date of annexation; nor shall any
such property be released from any taxes or assessments levied against it or from liability for payment of outstanding
bonds or warrants issued prior to such annexation. [1953 c
251 § 21.]
57.24.100
57.24.170 Annexation of certain unincorporated territory—Authorized—Hearing. When there is, within a district, unincorporated territory containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to the district, the board of
commissioners may resolve to annex that territory to the district. The resolution shall describe the boundaries of the area
to be annexed, state the number of voters residing therein as
nearly as may be, and set a date for a public hearing on such
resolution for annexation. Notice of the hearing shall be
given by publication of the resolution at least once a week for
two weeks prior to the date of the hearing, in one or more
57.24.170
(2006 Ed.)
57.24.190 Annexation of certain unincorporated territory—Referendum authorized—Petition—Election—
Effective date of annexation. The annexation resolution
under RCW 57.24.180 shall be subject to referendum for
forty-five days after the passage thereof. Upon the filing of a
timely and sufficient referendum petition with the board of
commissioners, signed by registered voters in number equal
to not less than ten percent of the registered voters in the area
to be annexed who voted in the last municipal general election, the question of annexation shall be submitted to the voters of such area in a general election if one is to be held
within ninety days or at a special election called for that purpose by the board of commissioners in accordance with
*RCW 29.13.010 and 29.13.020. Notice of that election shall
be given under RCW 57.24.020 and the election shall be conducted under RCW 57.24.040. The annexation shall be
deemed approved by the voters unless a majority of the votes
cast on the proposition are in opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation resolution, if
no timely and sufficient referendum petition has been filed,
the area annexed shall become a part of the district upon the
date fixed in the resolution of annexation upon transmitting
the resolution to the county legislative authority. [1996 c 230
§ 910; 1990 c 259 § 32; 1982 c 146 § 6.]
[Title 57 RCW—page 37]
57.24.200
Title 57 RCW: Water-Sewer Districts
*Reviser’s note: RCW 29.13.010 and 29.13.020 were recodified as
RCW 29A.04.320 and 29A.04.330, respectively, pursuant to 2003 c 111 §
2401, effective July 1, 2004. RCW 29A.04.320 was subsequently repealed
by 2004 c 271 § 193. Later enactment of RCW 29A.04.320, see RCW
29A.04.321.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.24.200
57.24.200 Expenditure of funds to provide certain
information authorized—Limits. A district may expend
funds to inform residents in areas proposed for annexation
into the district of the following:
(1) Technical information and data;
(2) The fiscal impact of the proposed improvement; and
(3) The types of improvements planned.
Expenditures under this section shall be limited to research,
preparation, printing, and mailing of the information. [1996
c 230 § 911; 1986 c 258 § 2.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Chapter 57.28
Chapter 57.28 RCW
WITHDRAWAL OF TERRITORY
Sections
57.28.001
57.28.010
57.28.020
57.28.030
57.28.035
57.28.040
57.28.050
57.28.060
57.28.070
57.28.080
57.28.090
57.28.100
57.28.110
Actions subject to review by boundary review board.
Withdrawal authorized—Petition.
Petition of residents.
Petition of landowners.
Alternative procedure—Resolution.
Notice of hearing—Bond for costs.
Hearing—Findings.
Transmission to county legislative authorities.
Notice of hearing before county legislative authority.
Hearing—Findings.
Election on withdrawal.
Notice of election—Election—Canvass.
Taxes and assessments unaffected.
57.28.001
57.28.001 Actions subject to review by boundary
review board. Actions taken under this chapter may be subject to potential review by a boundary review board under
chapter 36.93 RCW. [1996 c 230 § 1001; 1989 c 84 § 59.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.24.210
57.24.210 Annexation of certain unincorporated territory with boundaries contiguous to two municipal corporations providing water or sewer service—Procedure.
When there is unincorporated territory containing less than
one hundred acres and having at least eighty percent of the
boundaries of such area contiguous to two municipal corporations providing either water or sewer service, one of which
is a water-sewer district, the legislative authority of either of
the contiguous municipal corporations may resolve to annex
such territory to that municipal corporation, provided a
majority of the legislative authority of the other contiguous
municipal corporation concurs. In such event, the municipal
corporation resolving to annex such territory may proceed to
effect the annexation by complying with RCW 57.24.170
through 57.24.190. For purposes of this section, "municipal
corporation" means a water-sewer district, city, or town.
[2002 c 76 § 1; 1996 c 230 § 912; 1995 c 279 § 2; 1987 c 449
§ 17.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.28.010
57.28.010 Withdrawal authorized—Petition. Territory within a district may be withdrawn therefrom in the following manner and upon the following conditions: The petition for withdrawal shall be in writing and shall designate the
boundaries of the territory proposed to be withdrawn from
the district and shall be signed by at least twenty-five percent
of the qualified voters residing within the territory so designated who are qualified voters on the date of filing such petition. The petition shall set forth that the territory proposed to
be withdrawn is of such location or character that water and
sewer services cannot be furnished to it by the district at reasonable cost, and shall further set forth that the withdrawal of
such territory will be of benefit to such territory and conducive to the general welfare of the balance of the district.
[1996 c 230 § 1002; 1941 c 55 § 1; Rem. Supp. 1941 §
11604-1.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.28.020
57.24.220
57.24.220 Assumption of substandard water system—Limited immunity from liability. A district assuming responsibility for a water system that is not in compliance
with state or federal requirements for public drinking water
systems, and its agents and employees, are immune from
lawsuits or causes of action, based on noncompliance with
state or federal requirements for public drinking water systems, which predate the date of assuming responsibility and
continue after the date of assuming responsibility, provided
that the district has submitted and is complying with a plan
and schedule of improvements approved by the department
of health. This immunity shall expire on the earlier of the date
the plan of improvements is completed or four years from the
date of assuming responsibility. This immunity does not
apply to intentional injuries, fraud, or bad faith. [1996 c 230
§ 913; 1994 c 292 § 8.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
[Title 57 RCW—page 38]
57.28.020 Petition of residents. The petition for withdrawal shall be filed with the county auditor of each county in
which the district is located, and after the filing no person
having signed the petition shall be allowed to withdraw the
person’s name therefrom. Within ten days after such filing,
each county auditor shall examine and verify the signatures
of signers residing in the respective county. The petition shall
be transmitted to the auditor of the county in which all or the
major geographic portion of the district is located, who shall
certify to the sufficiency or insufficiency of the signatures. If
the area proposed to be withdrawn is located in more than one
county, the auditor of the county in which the largest geographic portion of the area proposed to be withdrawn is
located shall be the lead auditor and shall immediately transfer a copy of the petitions to the auditor of each other county
in which the area proposed to be withdrawn is located.
Within ten days after the lead auditor received the petition,
the auditors of these other counties shall certify to the lead
auditor: (1) The number of voters of that county residing in
the area proposed to be withdrawn who voted at the last
(2006 Ed.)
Withdrawal of Territory
57.28.050
57.28.030 Petition of landowners. In the event there
are no qualified voters residing within the territory proposed
to be withdrawn, the petition for withdrawal may be signed
by such persons as appear of record to own at least a majority
of the acreage within such territory, in which event the petition shall also state the total number of acres and the names of
all record owners of the land within such territory. The petition so signed shall be filed with the board of commissioners
of the district, and after such filing no person having signed
the same shall be allowed to withdraw that person’s name.
[1996 c 230 § 1004; 1941 c 55 § 3; Rem. Supp. 1941 §
11604-3.]
icate of sufficiency of the auditor, or if the petition is signed
by landowners and the board of commissioners is satisfied as
to the sufficiency of the signatures thereon, it shall at a regular or special meeting fix a date for hearing on the petition
and give notice that the petition has been filed, stating the
time and place of the meeting of the board of commissioners
at which the petition will be heard and setting forth the
boundaries of the territory proposed to be withdrawn. The
notice shall be published at least once a week for two successive weeks in a newspaper of general circulation therein, and
if no such newspaper is printed in the county, then in some
newspaper of general circulation in the county and district.
Any additional notice of the hearing may be given as the
board of commissioners may by resolution direct.
Prior to fixing the time for a hearing on any such petition, the board of commissioners in its discretion may require
the petitioners to furnish a satisfactory bond conditioned that
the petitioners shall pay all costs incurred by the district in
connection with the petition, including the cost of an election
if one is held pursuant thereto, and should the petitioners fail
or refuse to post such a bond, if one is required by the district
board of commissioners, then there shall be no duty on the
part of the board of commissioners to act upon the petition.
[1996 c 230 § 1006; 1985 c 469 § 59; 1951 c 112 § 3; 1941 c
55 § 4; Rem. Supp. 1941 § 11604-4.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
municipal general election; and (2) the number of valid signatures on the petition of voters of that county residing in the
area proposed to be withdrawn. The lead auditor shall certify
the sufficiency of the petition after receiving this information.
If such petition be found by such county auditor to contain
sufficient signatures, the petition, together with a certificate
of sufficiency attached thereto, shall be transmitted to the
board of commissioners of the district. [1996 c 230 § 1003;
1982 1st ex.s. c 17 § 23; 1941 c 55 § 2; Rem. Supp. 1941 §
11604-2.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.28.030
57.28.035
57.28.035 Alternative procedure—Resolution. As an
alternative procedure to those set forth in RCW 57.28.010
through 57.28.030, the withdrawal of territory within a district may be commenced by a resolution of the board of commissioners that sets forth boundaries of the territory to be
withdrawn and sets a date for the public hearing required
under RCW 57.28.050. Upon the final hearing, the board of
commissioners shall make such changes in the proposed
boundaries as they deem proper, except that no changes in the
boundary lines may be made by the board of commissioners
to include lands not within the boundaries of the territory as
described in such resolution.
Whenever the board of commissioners proposes to commence the withdrawal of any portion of its territory located
within a city or town using the alternative procedures herein
authorized, it shall first notify such city or town of their [its]
intent to withdraw the territory. If the legislative authority of
the city or town takes no action within sixty days of receipt of
notification, the district may proceed with the resolution
method.
If the city or town legislative authority disapproves of
use of the alternative procedures, the board of commissioners
may proceed using the process established under RCW
57.28.010 through 57.28.030.
A withdrawal procedure commenced under this section
shall be subject to the procedures and requirements set forth
in RCW 57.28.040 through 57.28.110. [1996 c 230 § 1005;
1985 c 153 § 1.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.28.040
57.28.040 Notice of hearing—Bond for costs. Upon
receipt by the board of commissioners of a petition and certif(2006 Ed.)
57.28.050
57.28.050 Hearing—Findings. The petition for withdrawal shall be heard at the time and place specified in such
notice or the hearing may be adjourned from time to time, not
exceeding one month in all, and any person may appear at
such hearing and make objections to the withdrawal of such
territory or to the proposed boundary lines thereof. Upon
final hearing on the petition for withdrawal, the board of
commissioners of the district shall make such changes in the
proposed boundary lines as it deems to be proper, except that
no changes in the boundary lines shall be made by the board
of commissioners to include lands not within the boundaries
of the territory as described in such petition. In establishing
and defining such boundaries the board of commissioners
shall exclude any property which is then being furnished with
water, sewer, or drainage service by the district or which is
included in any distribution or collection system the construction of which is included within any duly established
local improvement district or utility local improvement district, and the territory as finally established and defined must
be substantial in area and consist of adjoining or contiguous
properties. The board of commissioners shall thereupon
make and by resolution adopt findings of fact as to the following questions:
(1) Would the withdrawal of such territory be of benefit
to such territory?
(2) Would such withdrawal be conducive to the general
welfare of the balance of the district?
Such findings shall be entered in the records of the district, together with any recommendations the board of commissioners may by resolution adopt. [1999 c 153 § 21; 1996
c 230 § 1007; 1986 c 109 § 1; 1941 c 55 § 5; Rem. Supp. 1941
§ 11604-5.]
[Title 57 RCW—page 39]
57.28.060
Title 57 RCW: Water-Sewer Districts
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.28.060
57.28.060 Transmission to county legislative authorities. Within ten days after the final hearing the board of
commissioners of the district shall transmit to the county legislative authority of each county in which the district is
located the petition for withdrawal, together with a copy of
the findings and recommendations of the board of commissioners of the district certified by the secretary of the district
to be a true and correct copy of such findings and recommendations as the same appear on the records of the district.
[1996 c 230 § 1008; 1982 1st ex.s. c 17 § 24; 1941 c 55 § 6;
Rem. Supp. 1941 § 11604-6.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.28.070
57.28.070 Notice of hearing before county legislative
authority. Upon receipt of the petition and certified copy of
the findings and recommendations adopted by the district
commissioners, the county legislative authority of each
county in which the district is located at a regular or special
meeting shall fix a time and place for hearing thereon and
shall cause to be published at least once a week for two or
more weeks in successive issues of a newspaper of general
circulation in the district, a notice that such petition has been
presented to the county legislative authority stating the time
and place of the hearing thereon, setting forth the boundaries
of the territory proposed to be withdrawn as such boundaries
are established and defined in the findings or recommendations of the board of commissioners of the district. [1996 c
230 § 1009; 1982 1st ex.s. c 17 § 25; 1941 c 55 § 7; Rem.
Supp. 1941 § 11604-7.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.28.080
57.28.080 Hearing—Findings. The petition shall be
heard at the time and place specified in the notice, or the hearing may be adjourned from time to time, not exceeding one
month in all, and any person may appear at the hearing and
make objections to the withdrawal of the territory. Upon final
hearing on the petition the county legislative authority shall
thereupon make, enter, and by resolution adopt its findings of
fact on the questions set forth in RCW 57.28.050. If the findings of fact answer the questions affirmatively, and if they are
the same as the findings made by the district commissioners,
then the county legislative authority shall by resolution
declare that the territory be withdrawn from that district, and
thereupon the territory shall be withdrawn and excluded from
that district the same as if it had never been included therein
except for the lien of taxes as hereinafter set forth. However,
the boundaries of the territory withdrawn shall be the boundaries established and defined by the district board of commissioners and shall not be altered or changed by the county legislative authority unless the unanimous consent of the district
commissioners be given in writing to any such alteration or
change. [1996 c 230 § 1010; 1941 c 55 § 8; Rem. Supp. 1941
§ 11604-8.]
[Title 57 RCW—page 40]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.28.090
57.28.090 Election on withdrawal. If the findings of
any county legislative authority answer any of the questions
of fact set forth in RCW 57.28.050 in the negative, or if any
of the findings of the county legislative authority are not the
same as the findings of the district board of commissioners
upon the same question, then in either of such events, the
petition for withdrawal shall be deemed denied. Thereupon,
and in such event, the county legislative authority of each
county in which the district is located shall by resolution
cause a special election to be held not less than thirty days or
more than sixty days from the date of the final hearing of any
county legislative authority upon the petition for withdrawal,
at which election the proposition expressed on the ballots
shall be substantially as follows:
"Shall the territory established and defined by the district
board of commissioners at its meeting held on the . . . . . .
(insert date of final hearing of district board of commissioners upon the petition for withdrawal) be withdrawn from district . . . . . . (naming it).
YES â
NO â"
[1996 c 230 § 1011; 1982 1st ex.s. c 17 § 26; 1941 c 55 § 9;
Rem. Supp. 1941 § 11604-9.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.28.100
57.28.100 Notice of election—Election—Canvass.
Notice of the election shall be posted and published in the
same manner provided by law for the posting and publication
of notice of elections to annex territory to districts. The territory described in the notice shall be that established and
defined by the district board of commissioners. All qualified
voters residing within the district shall have the right to vote
at the election. If a majority of the votes cast favor the withdrawal from the district of such territory, then within ten days
after the official canvass of the election the county legislative
authority of each county in which the district is located shall
by resolution establish that the territory has been withdrawn,
and the territory shall thereupon be withdrawn and excluded
from the district the same as if it had never been included
therein except for the lien of any taxes as hereinafter set forth.
[1996 c 230 § 1012; 1982 1st ex.s. c 17 § 27; 1941 c 55 § 10;
Rem. Supp. 1941 § 11604-10.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.28.110
57.28.110 Taxes and assessments unaffected. Taxes
or assessments levied or assessed against property located in
territory withdrawn from a district shall remain a lien and be
collected as by law provided when the taxes or assessments
are levied or assessed prior to the withdrawal or when the levies or assessments are duly made to provide revenue for the
payment of general obligations or general obligation bonds of
the district duly incurred or issued prior to the withdrawal.
[1996 c 230 § 1013; 1941 c 55 § 11; Rem. Supp. 1941 §
11604-11.]
(2006 Ed.)
Consolidation of Districts—Transfer of Part of District
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Chapter 57.32 RCW
CONSOLIDATION OF DISTRICTS—TRANSFER OF
PART OF DISTRICT
Chapter 57.32
Sections
57.32.001
57.32.010
57.32.020
57.32.021
57.32.022
57.32.023
57.32.024
57.32.130
57.32.160
Actions subject to review by boundary review board.
Consolidation authorized—Petition method—Resolution
method.
Certificate of sufficiency.
Procedure upon receipt of certificate of sufficiency—Agreement, contents—Comprehensive plan.
Certification of agreement—Election, notice and conduct.
When consolidation effective—Cessation of former districts—Rights and powers of consolidated district.
Vesting of funds and property in consolidated district—Outstanding indebtedness.
Commissioners—Number.
Transfer of part of district—Procedure.
Assumption of jurisdiction over water or sewer district by city: Chapter
35.13A RCW.
57.32.022
other counties shall certify to the lead auditor: (1) The number of voters of that county residing in each consolidating district; and (2) the number of valid signatures on the petition of
voters of that county residing in each consolidating district.
The lead auditor shall certify the sufficiency of the petition
after receiving this information. If all of such petitions shall
be found to contain a sufficient number of signatures, the
county auditor shall transmit the same, together with a certificate of sufficiency attached thereto, to the board of commissioners of each of the districts proposed for consolidation.
If there are no voters residing in one or more of the districts proposed to be consolidated, such petitions may be
signed by such a number of landowners as appear of record to
own at least a majority of the acreage in the pertinent district,
and the petitions shall disclose the total number of acres of
land in that district and shall also contain the names of all
record owners of land therein. [1996 c 230 § 1103; 1982 1st
ex.s. c 17 § 30; 1967 ex.s. c 39 § 2; 1943 c 267 § 2; Rem.
Supp. 1943 § 11604-21.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.32.001
57.32.001 Actions subject to review by boundary
review board. Actions taken under this chapter may be subject to potential review by a boundary review board under
chapter 36.93 RCW. [1996 c 230 § 1101; 1989 c 84 § 60.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.32.010
57.32.010 Consolidation authorized—Petition
method—Resolution method. Two or more districts may
be joined into one consolidated district. The consolidation
may be initiated in either of the following ways: (1) Ten percent of the voters residing within each of the districts proposed to be consolidated may petition the board of commissioners of their respective districts to cause the question to be
submitted to the voters of the districts proposed to be consolidated; or (2) the board of commissioners of each of the districts proposed to be consolidated may by resolution determine that the consolidation of the districts shall be conducive
to the public health, welfare, and convenience and to be of
special benefit to the lands of the districts. [1996 c 230 §
1102; 1989 c 308 § 11; 1982 1st ex.s. c 17 § 28; 1967 ex.s. c
39 § 1; 1943 c 267 § 1; Rem. Supp. 1943 § 11604-20.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.32.020
57.32.020 Certificate of sufficiency. If the consolidation proceedings are initiated by petitions, upon the filing of
such petitions with the boards of commissioners of the districts, the boards of commissioners of each district shall file
such petitions with the auditor of the county in which all or
the largest geographic portion of the respective districts is
located, who shall within ten days examine and verify the signatures of the signers residing in the county. If the districts
proposed to be consolidated include areas located in more
than one county, the auditor of the county in which the largest
geographic portion of the consolidating districts is located
shall be the lead auditor and shall immediately transfer a copy
of the petitions to the auditor of each other county in which
the consolidating districts are located. Within ten days after
the lead auditor received the petition, the auditors of these
(2006 Ed.)
57.32.021
57.32.021 Procedure upon receipt of certificate of
sufficiency—Agreement, contents—Comprehensive plan.
Upon receipt by the boards of commissioners of the districts
proposed for consolidation, hereinafter referred to as the
"consolidating districts", of the lead county auditor’s certificate of sufficiency of the petitions, or upon adoption by the
boards of commissioners of the consolidating districts of
their resolutions for consolidation, the boards of commissioners of the consolidating districts shall, within ninety days,
enter into an agreement providing for consolidation. The
agreement shall set forth the method and manner of consolidation, a comprehensive plan or scheme of water supply,
sewer, and drainage services for the consolidated district, and
if the comprehensive plan or scheme of water supply, sewer,
and drainage services provides that one or more of the consolidating districts or the proposed consolidated district issue
revenue bonds for either the construction or other costs of any
part or all of the comprehensive plan, or both, then the details
thereof shall be set forth. The requirement that a comprehensive plan or scheme of water supply, sewer, and drainage services for the consolidated district be set forth in the agreement for consolidation shall be satisfied if the existing comprehensive plans or schemes of the consolidating districts are
incorporated therein by reference and any changes or additions thereto are set forth in detail. [1996 c 230 § 1104; 1967
ex.s. c 39 § 8.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.32.022
57.32.022 Certification of agreement—Election,
notice and conduct. The boards of commissioners of the
consolidating districts shall certify the agreement to the
county auditors of the respective counties in which the districts are located. A special election shall be called by the
county auditors for the purpose of submitting to the voters of
each of the consolidating districts the proposition of whether
or not the several districts shall be consolidated into one district. The proposition shall give the title of the proposed consolidated district. Notice of the election shall be given and the
[Title 57 RCW—page 41]
57.32.023
Title 57 RCW: Water-Sewer Districts
election conducted in accordance with the general election
laws. [1996 c 230 § 1105; 1994 c 223 § 71; 1982 1st ex.s. c
17 § 31; 1967 ex.s. c 39 § 9.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.32.023
57.32.023 When consolidation effective—Cessation
of former districts—Rights and powers of consolidated
district. If at the election a majority of the voters in each of
the consolidating districts vote in favor of the consolidation,
the consolidation shall be authorized. The consolidation shall
be effective and the consolidating districts shall cease to exist
and shall then be and become a new district and municipal
corporation of the state of Washington, upon the certification
of the election results. The name of the new district shall be
". . . . . Water-Sewer District," ". . . . . Water District," ". . . . .
Sewer District," or ". . . . . District No. . . . . .," which shall be
the name appearing on the ballot. The district shall have all
and every power, right, and privilege possessed by other
water-sewer, sewer, or water districts of the state of Washington. The district may issue revenue bonds to pay for the construction of any additions and betterments set forth in the
comprehensive plan of water supply, sewer, and drainage services contained in the agreement for consolidation and any
future additions and betterments to the comprehensive plan
of water supply, sewer, and drainage services, as its board of
district commissioners shall by resolution adopt, without submitting a proposition therefor to the voters of the district.
[1999 c 153 § 22; 1996 c 230 § 1106; 1994 c 223 § 72; 1982
1st ex.s. c 17 § 32; 1967 ex.s. c 39 § 10.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
tually will be governed by a five-member board of commissioners, one commissioner shall be elected to a six-year term
of office at the first district general election following the
consolidation, two commissioners shall be elected to six-year
terms of office at the second district general election following the consolidation, and two commissioners shall be elected
to six-year terms of office at the third district general election
following the consolidation. [1996 c 230 § 1108; 1985 c 141
§ 9; 1943 c 267 § 13; Rem. Supp. 1943 § 11604-32.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.32.160
57.32.160 Transfer of part of district—Procedure. A
part of one district may be transferred into an adjacent district
if the area can be better served thereby. Such transfer can be
accomplished by a petition, directed to both districts, signed
by the owners according to the records of the county auditor
of not less than sixty percent of the area of land to be transferred. If a majority of the commissioners of each district
approves the petition, copies of the approving resolutions
shall be filed with the county legislative authority which shall
act upon the petition as a proposed action in accordance with
RCW 57.02.040. [1996 c 230 § 1109; 1987 c 449 § 18.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Chapter 57.36
MERGER OF DISTRICTS
Sections
57.36.001
57.36.010
57.36.020
57.36.030
57.32.024
57.32.024 Vesting of funds and property in consolidated district—Outstanding indebtedness. Upon the formation of any consolidated district, all funds, rights, and
property, real and personal, of the former districts, shall vest
in and become the property of the consolidated district.
Unless the agreement for consolidation provides to the contrary, any outstanding indebtedness of any form, owed by the
districts, shall remain the obligation of the area of the original
debtor district and the board of commissioners of the consolidated district shall make such levies, assessments, or charges
for service upon that area or the users therein as shall pay off
the indebtedness at maturity. [1996 c 230 § 1107; 1967 ex.s.
c 39 § 11.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.32.130
57.32.130 Commissioners—Number. The commissioners of the districts consolidated into any new consolidated district shall become commissioners thereof until their
respective terms of office expire or until they resign from
office if the resignation is before the expiration of their terms
of office. At each election of commissioners following the
consolidation, only one position shall be filled, so that as the
terms of office expire, the total number of commissioners in
the consolidated district shall be reduced to three. However,
if the agreement provides that the consolidated district even[Title 57 RCW—page 42]
Chapter 57.36 RCW
57.36.040
57.36.050
57.36.060
Actions subject to review by boundary review board.
Merger of districts authorized.
Initiation of merger—Procedure.
Agreement—Certification to county auditor—Election—
Notice, conduct.
When merger effective—Cessation of merging district—Commissioners.
Vesting of funds and property in merger district—Outstanding
indebtedness.
Persons serving on both boards to hold only one position after
merger.
57.36.001
57.36.001 Actions subject to review by boundary
review board. Actions taken under this chapter may be subject to potential review by a boundary review board under
chapter 36.93 RCW. [1996 c 230 § 1201; 1989 c 84 § 61.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.36.010
57.36.010 Merger of districts authorized. Whenever
one or more districts desire to merge into another district, the
district or districts desiring to merge into the other district
shall be referred to as the "merging district" or "merging districts" and the district into which the merging district or districts desire to merge shall be referred to as the "merger district." After the merger, the merger district shall survive
under its original name or number. [1996 c 230 § 1202; 1989
c 308 § 12; 1982 1st ex.s. c 17 § 29; 1967 ex.s. c 39 § 3; 1961
c 28 § 1.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
(2006 Ed.)
Disposition of Property to Public Utility District
57.36.020
57.36.020 Initiation of merger—Procedure. A
merger of districts may be initiated in either of the following
ways:
(1) Whenever the boards of commissioners of districts
determine by resolution that the merger of such districts shall
be conducive to the public health, welfare, and convenience
and to be of special benefit to the lands of such districts.
(2) Whenever ten percent of the voters residing within
the merging district or districts petition the board of commissioners of the merging district or districts for a merger, and
the board of commissioners of the merger district determines
by resolution that the merger of the districts shall be conducive to the public health, welfare, and convenience of the districts. [1996 c 230 § 1203; 1967 ex.s. c 39 § 4; 1961 c 28 § 2.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.36.030
57.36.030 Agreement—Certification to county auditor—Election—Notice, conduct. Whenever a merger is initiated in either of the two ways provided under this chapter,
the boards of commissioners of the districts shall enter into an
agreement providing for the merger. The agreement must be
entered into within ninety days following completion of the
last act in initiation of the merger.
The respective boards of commissioners shall certify the
agreement to the county auditor of each county in which the
districts are located. Each county auditor shall call a special
election for the purpose of submitting to the voters of the
respective districts the proposition of whether the merging
district or districts shall be merged into the merger district.
Notice of the elections shall be given and the elections conducted in accordance with the general election laws. [1996 c
230 § 1204; 1982 1st ex.s. c 17 § 33; 1967 ex.s. c 39 § 5; 1961
c 28 § 3.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.36.040
57.36.040 When merger effective—Cessation of
merging district—Commissioners. If at such election a
majority of the voters of the merging district or districts shall
vote in favor of the merger, the merger shall be authorized.
The merger shall be effective and the merging district or districts shall cease to exist and shall become a part of the
merger district, upon the certification of the election results.
The commissioners of the merging district or districts shall
hold office as commissioners of the new merged district until
their respective terms of office expire or until they resign
from office if the resignation is before the expiration of their
terms of office. The election of commissioners in the merger
district after the merger shall occur as provided in RCW
57.32.130 in a consolidated district after the consolidation.
[1999 c 153 § 23; 1996 c 230 § 1205; 1982 c 104 § 2; 1967
ex.s. c 39 § 6; 1961 c 28 § 4.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.36.050
57.36.050 Vesting of funds and property in merger
district—Outstanding indebtedness. All funds and property, real and personal, of the merging district or districts,
(2006 Ed.)
57.42.020
shall vest in and become the property of the merger district.
Unless the agreement of merger provides to the contrary, any
outstanding indebtedness of any form, owed by the districts,
shall remain the obligation of the area of the original debtor
district; and the commissioners of the merger district shall
make such levies, assessments, or charges for service upon
such area or the users therein as shall pay off such indebtedness at maturity. [1996 c 230 § 1207; 1967 ex.s. c 39 § 7;
1961 c 28 § 5.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.36.060
57.36.060 Persons serving on both boards to hold
only one position after merger. A person who serves on the
board of commissioners of a merging district and a merger
district shall hold only one position on the board of commissioners of the merger district and shall only receive compensation, expenses, and benefits that are available to a single
commissioner. [1996 c 230 § 1206; 1988 c 162 § 4. Formerly
RCW 57.40.135.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Chapter 57.42
Chapter 57.42 RCW
DISPOSITION OF PROPERTY TO PUBLIC
UTILITY DISTRICT
Sections
57.42.010
57.42.020
57.42.030
Authorized.
Disposition must be in public interest—Filings—Indebtedness.
Hearing—Notice—Decree.
57.42.010
57.42.010 Authorized. Subject to the provisions of
RCW 57.42.020 and 57.42.030, any district created under the
provisions of this title may sell, transfer, exchange, lease or
otherwise dispose of any property, real or personal, or property rights, including but not limited to the title to real property, to a public utility district in the same county on such
terms as may be mutually agreed upon by the board of commissioners of each district. [1996 c 230 § 1301; 1973 1st
ex.s. c 56 § 1.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.42.020
57.42.020 Disposition must be in public interest—Filings—Indebtedness. No district shall dispose of its property
to a public utility district unless the respective board of commissioners of each district shall determine by resolution that
such disposition is in the public interest and conducive to the
public health, welfare, and convenience. Copies of each resolution, together with copies of the proposed disposition
agreement, shall be filed with the legislative authority of the
county in which the district is located and with the superior
court of that county. Unless the proposed agreement provides
otherwise, any outstanding indebtedness of any form owed
by the water district shall remain the obligation of the area of
the district, and the board of commissioners of the public utility district shall be empowered to make such levies, assessments, or charges upon that area or the water, sewer, or drain[Title 57 RCW—page 43]
57.42.030
Title 57 RCW: Water-Sewer Districts
age users therein as shall pay off the indebtedness at maturity.
[1996 c 230 § 1302; 1973 1st ex.s. c 56 § 2.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.42.030
57.42.030 Hearing—Notice—Decree. Within ninety
days after the resolutions and proposed agreement have been
filed with the court, the court shall fix a date for a hearing and
shall direct that notice of the hearing be given by publication.
After reviewing the proposed agreement and considering
other evidence presented at the hearing, the court may determine by decree that the proposed disposition is in the public
interest and conducive to the public health, welfare, and convenience. In addition, the decree shall authorize the payment
of all or a portion of the indebtedness of the district relating
to property disposed of under such decree. Pursuant to the
court decree, the district shall dispose of its property under
the terms of the disposition agreement with the public utility
district. [1996 c 230 § 1303; 1973 1st ex.s. c 56 § 3.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Chapter 57.46 RCW
VOLUNTARY CONTRIBUTIONS TO ASSIST
LOW-INCOME CUSTOMERS
Chapter 57.46
Sections
57.46.010
57.46.020
57.46.030
Voluntary contributions to assist low-income residential customers—Administration.
Disbursement of contributions—Quarterly report.
Contributions not considered commingling of funds.
57.46.010
57.46.010 Voluntary contributions to assist lowincome residential customers—Administration. A district
may include along with, or as part of its regular customer billings, a request for voluntary contributions to assist qualified
low-income residential customers of the district in paying
their district bills. All funds received by the district in
response to such requests shall be transmitted to the grantee
of the department of community, trade, and economic development which administers federally funded energy assistance
programs for the state in the district’s service area or to a
charitable organization within the district’s service area. All
such funds shall be used solely to supplement assistance to
low-income residential customers of the district in paying
their district bills. The grantee or charitable organization shall
be responsible to determine which of the district’s customers
are qualified for low-income assistance and the amount of
assistance to be provided to those who are qualified. [1996 c
230 § 1401; 1995 c 399 § 149; 1993 c 45 § 5.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.46.020
57.46.020 Disbursement of contributions—Quarterly report. All assistance provided under this chapter shall
be disbursed by the grantee or charitable organization. Where
possible the district shall be paid on behalf of the customer by
the grantee or the charitable organization. When direct vendor payment is not feasible, a check shall be issued jointly
payable to the customer and the district. The availability of
funds for assistance to a district’s low-income customers as a
[Title 57 RCW—page 44]
result of voluntary contributions shall not reduce the amount
of assistance for which the district’s customers are eligible
under the federally funded energy assistance programs
administered by the grantee of the department of community,
trade, and economic development within the district’s service
area. The grantee or charitable organization shall provide the
district with a quarterly report on January 15th, April 15th,
July 15th, and October 15th which includes information concerning the total amount of funds received from the district,
the names of all recipients of assistance from these funds, the
amount received by each recipient, and the amount of funds
received from the district currently on hand and available for
future low-income assistance. [1996 c 230 § 1402; 1995 c
399 § 150; 1993 c 45 § 6.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.46.030 Contributions not considered commingling of funds. Contributions received under a program
implemented by a district in compliance with this chapter
shall not be considered a commingling of funds. [1996 c 230
§ 1403; 1993 c 45 § 7.]
57.46.030
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Chapter 57.90 RCW
DISINCORPORATION OF DISTRICTS IN COUNTIES
WITH 210,000 POPULATION OR MORE
Chapter 57.90
Sections
57.90.001
57.90.010
57.90.020
57.90.030
57.90.040
57.90.050
57.90.100
Actions subject to review by boundary review board.
Disincorporation authorized.
Proceedings, how commenced—Public hearings.
Findings—Order—Supervision of liquidation.
Distribution of assets.
Assessments to retire indebtedness.
Disposal of real property on abandonment of irrigation district
right of way—Right of adjacent owners.
Dissolution of
port districts: RCW 53.46.060.
water-sewer districts: Chapter 57.04 RCW.
57.90.001 Actions subject to review by boundary
review board. Actions taken under this chapter may be subject to potential review by a boundary review board under
chapter 36.93 RCW. [1996 c 230 § 1501; 1989 c 84 § 63.]
57.90.001
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.90.010 Disincorporation authorized. Water-sewer,
park and recreation, metropolitan park, county rural library,
cemetery, flood control, mosquito control, diking and drainage, irrigation or reclamation, weed, health, or fire protection
districts, and any air pollution control authority or regional
fire protection service authority, hereinafter referred to as
"special districts," which are located wholly or in part within
a county with a population of two hundred ten thousand or
more may be disincorporated when the district has not
actively carried out any of the special purposes or functions
for which it was formed within the preceding consecutive
five-year period. [2004 c 129 § 13; 1999 c 153 § 24; 1996 c
230 § 1502; 1991 c 363 § 137; 1979 ex.s. c 30 § 11; 1963 c
55 § 1.]
57.90.010
(2006 Ed.)
Disincorporation of Districts in Counties with 210,000 Population or More
Captions not law—Severability—2004 c 129: See RCW 52.26.900
and 52.26.901.
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
57.90.020
57.90.020 Proceedings, how commenced—Public
hearings. Upon the filing with the county legislative authority of each county in which the district is located of a resolution of any governmental unit calling for the disincorporation
of a special district, or upon the filing with the county legislative authority of each county in which the district is located
of the petition of twenty percent of the voters within a special
district calling for the disincorporation of the special district,
the county legislative authority shall hold public hearings to
determine whether or not any services have been provided
within a consecutive five year period and whether the best
interests of all persons concerned will be served by the proposed dissolution of the special district. [1996 c 230 § 1503;
1982 1st ex.s. c 17 § 35; 1963 c 55 § 2.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.90.030
57.90.030 Findings—Order—Supervision of liquidation. If the county legislative authority finds that no services
have been provided within the preceding consecutive fiveyear period and that the best interests of all persons concerned will be served by disincorporating the special district,
it shall order that such action be taken, specify the manner in
which it is to be accomplished and supervise the liquidation
of any assets and the satisfaction of any outstanding indebtedness. [1996 c 230 § 1504; 1963 c 55 § 3.]
57.90.100
57.90.100 Disposal of real property on abandonment
of irrigation district right of way—Right of adjacent owners. Whenever as the result of abandonment of an irrigation
district right of way real property held by an irrigation district
is to be sold or otherwise disposed of, notice shall be given to
the owners of the lands adjoining that real property and such
owners shall have the right of first refusal to purchase at the
appraised price all or any part of the real property to be sold
or otherwise disposed of which adjoins or is adjacent to their
land.
Real property to be sold or otherwise disposed of under
this section shall have been first appraised by the county
assessor or by a person designated by the county assessor.
Notice under this section shall be sufficient if sent by
registered mail to the owner at the address shown in the tax
records of the county in which the land is situated. Notice
under this section shall be in addition to any notice required
by law.
After sixty days from the date of sending of notice, if no
applications for purchase have been received by the irrigation
district or other person or entity sending notice, the rights of
first refusal of owners of adjoining lands shall be deemed to
have been waived, and the real property may be disposed of
or sold.
If two or more owners of adjoining lands apply to purchase the same real property, or apply to purchase overlapping parts of the real property, the respective rights of the
applicants may be determined in the superior court of the
county in which the real property is situated. The court may
divide the real property in question between some or all of the
applicants or award the whole to one applicant, as justice may
require. [1996 c 230 § 1507; 1971 ex.s. c 125 § 1.]
57.90.100
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.90.040
57.90.040 Distribution of assets. If a special district is
disincorporated the proceeds of the sale of any of its assets,
together with money on hand in the treasury of the special
district, shall after payment of all costs and expenses and all
outstanding indebtedness be paid to the county treasurer to be
placed to the credit of the school district, or districts, in which
such special district is situated. [1996 c 230 § 1505; 1963 c
55 § 4.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
57.90.050
57.90.050 Assessments to retire indebtedness. If a
special district is disincorporated and the proceeds of the sale
of any of its assets, together with money on hand in the treasury of the special district, are insufficient to retire any outstanding indebtedness, together with all costs and expenses of
liquidation, the county legislative authority shall levy assessments in the manner provided by law against the property in
the special district in amounts sufficient to retire the indebtedness and pay the costs and expenses. [1996 c 230 § 1506;
1963 c 55 § 5.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
(2006 Ed.)
[Title 57 RCW—page 45]
Title 58
Title 58
BOUNDARIES AND PLATS
Chapters
58.04 Boundaries.
58.08 Plats—Recording.
58.09 Surveys—Recording.
58.10 Defective plats legalized.
58.17 Plats—Subdivisions—Dedications.
58.18 Assessor’s plats.
58.19 Land development act.
58.20 Washington coordinate system.
58.22 State base mapping system.
58.24 State agency for surveys and maps—Fees.
58.28 Townsites on United States land—Acquisition of
land.
Auditor, duties
index of instruments, how made and kept: RCW 65.04.050.
instruments to be recorded or filed: RCW 65.04.030.
Auditor’s fees (recording plats): RCW 36.18.010.
Boundaries: See notes following chapter 58.04 RCW digest.
Cemetery property—Plats: Chapter 68.24 RCW.
Cities and towns
petition required on incorporation: Chapter 35.02 RCW.
streets
annual report to secretary of transportation: RCW 35.21.260.
vacation: Chapter 35.79 RCW.
Counties
abandoned state highways (description): RCW 36.75.090.
county commissioners—Record of surveys: RCW 36.32.380.
roads and bridges—Establishment: Chapter 36.81 RCW.
vacation: Chapter 36.87 RCW.
Diking districts—Plat of reclaimed land—Benefits to be determined and
paid: RCW 85.05.540.
Diking, drainage, and sewerage improvement districts, platting: Chapter
85.08 RCW.
Highway plat book: RCW 36.80.050.
Levy for continuous benefits, diking districts—Roll of property protected:
RCW 85.18.020.
Private ditches and drains—Report of viewers—Plat: RCW 85.28.050.
Property tax—Listing—Plat of irregular subdivided tracts: RCW 84.40.170.
Public lands
right of way for roads and streets (plat to be filed): RCW 79.36.440.
sales, leases—Maximum area of urban or suburban state land—Platting:
RCW 79.11.250.
vacation of plat by commissioner: RCW 79.11.260.
vacation of waterways—Extension of streets: RCW 79.120.060.
vacation on petition—Preference right to purchase: RCW 79.11.270.
Real property and conveyances: Title 64 RCW.
Reclamation and irrigation in United States reclamation areas—Farm units
authorized—Size—Plats—Excess land: RCW 89.12.040.
Reclamation districts of one million acres—General improvement and divisional districts—Survey: Chapter 89.30 RCW.
Second-class tidelands or shorelands separated from uplands: RCW
79.125.230.
Shellfish cultivation or other aquaculture use—Survey markers: RCW
79.135.140.
Tidelands and shorelands, platting, replatting: Chapter 79.125 RCW.
Tidelands, ownership by state: State Constitution Art. 17.
(2006 Ed.)
Chapter 58.04
Chapter 58.04 RCW
BOUNDARIES
Sections
58.04.001
58.04.003
58.04.007
58.04.011
58.04.015
58.04.020
58.04.030
58.04.040
Purpose—Remedies.
Definition of surveyor.
Affected landowners may resolve dispute over location of a
point or line—Procedures.
Authorization to enter upon any land or waters for purpose of
resolving dispute.
Disturbing a survey monument—Penalty—Cost.
Suit to establish lost or uncertain boundaries—Mediation may
be required.
Commissioners—Survey and report.
Proceedings, conduct of—Costs.
Cities and towns
jurisdiction over adjacent waters (boundaries adjacent to or fronting
thereon): RCW 35.21.160.
proposed boundaries required on incorporation: Chapter 35.02 RCW.
Counties
actions to establish boundaries: Chapter 36.05 RCW.
boundaries: Chapter 36.04 RCW.
roads and bridges—Establishment—Monuments at government survey
corners: RCW 36.86.050.
survey map, field notes and profiles: RCW 36.81.060.
Dike or ditch as common boundary: RCW 85.28.140.
Diking and drainage districts—Boundaries: Title 85 RCW.
Fences: Chapter 16.60 RCW.
Flood control districts—Boundaries: Title 86 RCW.
Harbor line commission: RCW 79.115.010.
Public waterway districts—Boundaries: Chapter 91.08 RCW.
Reclamation districts of one million acres—Boundaries to be fixed: RCW
89.30.082.
Relocation of inner harbor line: RCW 79.115.020.
Shellfish cultivation or other aquaculture use—Survey and boundary markers: RCW 79.135.140.
Soil conservation—Annexation of territory—Boundary change: RCW
89.08.180.
Survey of county boundaries: RCW 36.04.400.
Tidelands, shorelands—Boundary of shorelands when water lowered: RCW
79.125.500.
58.04.001 Purpose—Remedies. The purpose of this
chapter is to provide alternative procedures for fixing boundary points or lines when they cannot be determined from the
existing public record and landmarks or are otherwise in dispute. This chapter does not impair, modify, or supplant any
other remedy available at law or equity. [1996 c 160 § 1.]
58.04.001
58.04.003 Definition of surveyor. As used in this chapter, "surveyor" means every person authorized to practice the
profession of land surveying under the provisions of chapter
18.43 RCW. [1996 c 160 § 2.]
58.04.003
58.04.007 Affected landowners may resolve dispute
over location of a point or line—Procedures. Whenever a
point or line determining the boundary between two or more
parcels of real property cannot be identified from the existing
58.04.007
[Title 58 RCW—page 1]
58.04.011
Title 58 RCW: Boundaries and Plats
public record, monuments, and landmarks, or is in dispute,
the landowners affected by the determination of the point or
line may resolve any dispute and fix the boundary point or
line by one of the following procedures:
(1) If all of the affected landowners agree to a description
and marking of a point or line determining a boundary, they
shall document the agreement in a written instrument, using
appropriate legal descriptions and including a survey map,
filed in accordance with chapter 58.09 RCW. The written
instrument shall be signed and acknowledged by each party
in the manner required for a conveyance of real property. The
agreement is binding upon the parties, their successors,
assigns, heirs and devisees and runs with the land. The agreement shall be recorded with the real estate records in the
county or counties in which the affected parcels of real estate
or any portion of them is located;
(2) If all of the affected landowners cannot agree to a
point or line determining the boundary between two or more
parcels of real estate, any one of them may bring suit for
determination as provided in RCW 58.04.020. [1996 c 160 §
3.]
58.04.011
58.04.011 Authorization to enter upon any land or
waters for purpose of resolving dispute. Any surveyor
authorized by the court and the surveyor’s employees may,
without liability for trespass, enter upon any land or waters
and remain there while performing the duties as required in
RCW 58.04.001 through 58.04.007 and this section. The persons named in this section may, without liability for trespass,
investigate, construct, or place a monument or reference
monuments for the position of any land boundary mark or
general land office corner or mark and subdivisional corners
thereof. Persons entering lands under the authority of RCW
58.04.001 through 58.04.007 and this section must exercise
due care not to damage property while on land or waters performing their duties, and are liable for property damage, if
any, caused by their negligence or willful misconduct. Where
practical, the persons named in this section must announce
and identify themselves and their intention before entering
upon private property in the performance of their duties.
[1996 c 160 § 4.]
(2) The superior court may order the parties to utilize
mediation before the civil action is allowed to proceed.
[1996 c 160 § 8; 1886 p 104 § 1; RRS § 947.]
58.04.030
58.04.030 Commissioners—Survey and report. Said
court may, in its discretion, appoint commissioners, not
exceeding three competent and disinterested persons, one or
more of whom shall be practical surveyors, residents of the
state, which commissioners shall be, before entering upon
their duties, duly sworn to perform their said duties faithfully,
and the said commissioners shall thereupon, survey, erect,
establish and properly mark said boundaries, and return to the
court a plat of said survey, and the field notes thereof,
together with their report. Said report shall be advisory and
either party may except thereto, in the same manner as to a
report of referees. [1886 p 105 § 2; RRS § 948.]
58.04.040
58.04.040 Proceedings, conduct of—Costs. The proceedings shall be conducted as other civil actions, and the
court, on final decree, shall apportion the costs of the proceedings equitably, and the cost so apportioned, shall be a
lien upon the said lands, severally, as against any transfer or
incumbrance made of, or attaching to said lands, from the
time of the filing of the complaint: PROVIDED, A notice of
lis pendens, is filed in the auditor’s office of the proper
county, in accordance with law. [1886 p 105 § 3; RRS §
949.]
Chapter 58.08
Chapter 58.08 RCW
PLATS—RECORDING
Sections
58.08.010
58.08.015
58.08.020
58.08.030
58.08.035
58.08.040
58.08.050
Town plat to be recorded—Requisites.
Effect of donation marked on plat.
Additions.
Plats to be acknowledged—Certificate that taxes and assessments are paid.
Platted streets, public highways—Lack of compliance, penalty.
Deposit to cover anticipated taxes and assessments.
Official plat—Platted streets as public highways.
Cities and towns—Recording of ordinance and plat on effective date of
reduction: RCW 35.16.050.
Record of platted tidelands and shorelands: RCW 79.125.040.
58.04.015
58.04.015 Disturbing a survey monument—Penalty—Cost. A person who intentionally disturbs a survey
monument placed by a surveyor in the performance of the
surveyor’s duties is guilty of a gross misdemeanor and is liable for the cost of the reestablishment. [1996 c 160 § 5.]
58.04.020
58.04.020 Suit to establish lost or uncertain boundaries—Mediation may be required. (1) Whenever the
boundaries of lands between two or more adjoining proprietors have been lost, or by time, accident or any other cause,
have become obscure, or uncertain, and the adjoining proprietors cannot agree to establish the same, one or more of the
adjoining proprietors may bring a civil action in equity, in the
superior court, for the county in which such lands, or part of
them are situated, and that superior court, as a court of equity,
may upon the complaint, order such lost or uncertain boundaries to be erected and established and properly marked.
[Title 58 RCW—page 2]
58.08.010
58.08.010 Town plat to be recorded—Requisites.
Any person or persons, who may hereafter lay off any town
within this state, shall, previous to the sale of any lots within
such town, cause to be recorded in the recorder’s office of the
county wherein the same may lie, a plat of said town, with the
public grounds, (if any there be,) streets, lanes and alleys,
with their respective widths properly marked, and the lots
regularly numbered, and the size stated on said plat. [Code
1881 § 2328; 1862 p 431 § 1; 1857 p 25 § 1; RRS § 9288.]
58.08.015
58.08.015 Effect of donation marked on plat. Every
donation or grant to the public, or to any individual or individuals, religious society or societies, or to any corporation or
body politic, marked or noted as such on the plat of the town,
or wherein such donation or grant may have been made, shall
be considered, to all intents and purposes, as a quitclaim deed
to the said donee or donees, grantee or grantees, for his, her
(2006 Ed.)
Surveys—Recording
or their use, for the purposes intended by the donor or donors,
grantor or grantors, as aforesaid. [Code 1881 § 2329; 1862 p
431 § 2; 1857 p 26 § 2; RRS § 9310. Formerly RCW
58.08.060.]
58.08.020
58.08.020 Additions. Every person hereinafter laying
off any lots in addition to any town, shall, previous to the sale
of such lots, have the same recorded under the like regulations as are provided for recording the original plat of said
town, and thereafter the same shall be considered an addition
thereto. [Code 1881 § 2330; 1862 p 431 § 3; 1857 p 26 § 3;
RRS § 9289.]
58.08.030
58.08.030 Plats to be acknowledged—Certificate that
taxes and assessments are paid. Every person whose duty
it may be to comply with the foregoing regulations shall at or
before the time of offering such plat for record, acknowledge
the same before the auditor of the proper county, or any other
officer who is authorized by law to take acknowledgment of
deeds, a certificate of which acknowledgment shall be
indorsed on or annexed to such plat and recorded therewith.
In all cases where any person or persons, corporation or corporations shall desire to file a plat, map, subdivision or replat
of any property or shall desire to vacate the whole or any portion of any existing plat, map, subdivision or replat, such person or persons, corporation or corporations must, at the time
of filing the same for record or of filing a petition for vacation
thereof, file therewith a certificate from the proper officer or
officers who may be in charge of the collection of taxes for
which the property affected may be liable at that date, that all
taxes which have been levied and become chargeable against
such property at such date have been duly paid, satisfied and
discharged and must file therewith a certificate from the
proper officer or officers, who may be in charge of the collections, that all delinquent assessments for which the property
affected may be liable at that date and that all special assessments assessed against said property, which, under the plat
filed, become streets, alleys and other public places, have
been paid. [1927 c 188 § 1; 1893 c 129 § 1; Code 1881 §
2331; 1862 p 431 § 4; 1857 p 26 § 4; RRS § 9290.]
Acknowledgments: Chapter 64.08 RCW.
Taxes collected by treasurer—Dates of delinquency: RCW 84.56.020.
58.08.035
58.08.035 Platted streets, public highways—Lack of
compliance, penalty. All streets, lanes and alleys, laid off
and recorded in accordance with *the foregoing provisions,
shall be considered, to all intents and purposes, public highways, and any person who may lay off any town or any addition to any town in this state, and neglect or refuse to comply
with the requisitions aforesaid, shall forfeit and pay for the
use of said town, for every month he may delay a compliance
with the provisions of this chapter, a sum not exceeding one
hundred dollars, nor less than five dollars, to be recovered by
civil action, in the name of the treasurer of the county. [Code
1881 § 2332; 1862 p 431 § 5; 1857 p 26 § 5; no RRS.]
*Reviser’s note: "the foregoing provisions" refer to earlier sections of
chapter 178, Code of 1881 codified (as amended) in RCW 58.08.010 through
58.08.030.
Platted streets as public highways: RCW 58.08.050.
Regulation of surveys and plats: RCW 58.10.040.
(2006 Ed.)
Chapter 58.09
58.08.040
58.08.040 Deposit to cover anticipated taxes and
assessments. Prior to any person recording a plat, replat,
altered plat, or binding site plan subsequent to May 31st in
any year and prior to the date of the collection of taxes in the
ensuing year, the person shall deposit with the county treasurer a sum equal to the product of the county assessor’s latest valuation on the property less improvements in such subdivision multiplied by the current year’s dollar rate increased
by twenty-five percent on the property platted. The treasurer’s receipt shall be evidence of the payment. The treasurer shall appropriate so much of the deposit as will pay the
taxes and assessments on the property when the levy rates are
certified by the assessor using the value of the property at the
time of filing a plat, replat, altered plat, or binding site plan,
and in case the sum deposited is in excess of the amount necessary for the payment of the taxes and assessments, the treasurer shall return, to the party depositing, the amount of
excess. [1997 c 393 § 11; 1994 c 301 § 16; 1991 c 245 § 14;
1989 c 378 § 2; 1973 1st ex.s. c 195 § 74; 1969 ex.s. c 271 §
34; 1963 c 66 § 1; 1909 c 200 § 1; 1907 c 44 § 1; 1893 c 129
§ 2; RRS § 9291.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—1969 ex.s. c 271: See RCW 58.17.910.
Assessment date: RCW 84.40.020.
Property taxes—Collection of taxes: Chapter 84.56 RCW.
58.08.050
58.08.050 Official plat—Platted streets as public
highways. Whenever any city or town has been surveyed
and platted and a plat thereof showing the roads, streets and
alleys has been filed in the office of the auditor of the county
in which such city or town is located, such plat shall be
deemed the official plat of such city, or town, and all roads,
streets and alleys in such city or town as shown by such plat,
be and the same are declared public highways: PROVIDING, That nothing herein shall apply to any part of a city or
town that has been vacated according to law. [Code 1881 §
3049; 1877 p 314 § 1; RRS § 9292.]
Platted streets, public highways—Lack of compliance, penalty: RCW
58.08.035.
Streets and alleys over first class tidelands—Control of: RCW 35.21.250.
Streets over tidelands declared public highways: RCW 35.21.230.
Chapter 58.09
Chapter 58.09 RCW
SURVEYS—RECORDING
Sections
58.09.010
58.09.020
58.09.030
58.09.040
58.09.050
58.09.060
58.09.070
58.09.080
58.09.090
58.09.100
58.09.110
58.09.120
58.09.130
58.09.140
58.09.900
Purpose—Short title.
Definitions.
Compliance with chapter required.
Records of survey—Contents—Filing—Replacing corner, filing record.
Records of survey—Processing—Requirements.
Records of survey, contents—Record of corner, information.
Coordinates—Map showing control scheme required.
Certificates—Required—Forms.
When record of survey not required.
Filing fee.
Duties of county auditor.
Monuments—Requirements.
Monuments disturbed by construction activities—Procedure—Requirements.
Noncompliance grounds for revocation of land surveyor’s
license.
Severability—1973 c 50.
[Title 58 RCW—page 3]
58.09.010
Title 58 RCW: Boundaries and Plats
58.09.010
58.09.010 Purpose—Short title. The purpose of this
chapter is to provide a method for preserving evidence of
land surveys by establishing standards and procedures for
monumenting and for recording a public record of the surveys. Its provisions shall be deemed supplementary to existing laws relating to surveys, subdivisions, platting, and
boundaries.
This chapter shall be known and may be cited as the
"Survey Recording Act". [1973 c 50 § 1.]
58.09.020
58.09.020 Definitions. As used in this chapter:
(1) "Land surveyor" shall mean every person authorized
to practice the profession of land surveying under the provisions of chapter 18.43 RCW, as now or hereafter amended.
(2) "Washington coordinate system" shall mean that system of plane coordinates as established and designated by
chapter 58.20 RCW.
(3) "Survey" shall mean the locating and monumenting
in accordance with sound principles of land surveying by or
under the supervision of a licensed land surveyor, of points or
lines which define the exterior boundary or boundaries common to two or more ownerships or which reestablish or
restore general land office corners. [1973 c 50 § 2.]
58.09.030
58.09.030 Compliance with chapter required. Any
land surveyor engaged in the practice of land surveying may
prepare maps, plats, reports, descriptions, or other documentary evidence in connection therewith.
Every map, plat, report, description, or other document
issued by a licensed land surveyor shall comply with the provisions of this chapter whenever such map, plat, report,
description, or other document is filed as a public record.
It shall be unlawful for any person to sign, stamp, or seal
any map, report, plat, description, or other document for filing under this chapter unless he be a land surveyor. [1973 c
50 § 3.]
58.09.040
58.09.040 Records of survey—Contents—Filing—
Replacing corner, filing record. After making a survey in
conformity with sound principles of land surveying, a land
surveyor may file a record of survey with the county auditor
in the county or counties wherein the lands surveyed are situated.
(1) It shall be mandatory, within ninety days after the
establishment, reestablishment or restoration of a corner on
the boundary of two or more ownerships or general land
office corner by survey that a land surveyor shall file with the
county auditor in the county or counties wherein the lands
surveyed are situated a record of such survey, in such form as
to meet the requirements of this chapter, which through
accepted survey procedures, shall disclose:
(a) The establishment of a corner which materially varies
from the description of record;
(b) The establishment of one or more property corners
not previously existing;
(c) Evidence that reasonable analysis might result in
alternate positions of lines or points as a result of an ambiguity in the description;
(d) The reestablishment of lost government land office
corners.
[Title 58 RCW—page 4]
(2) When a licensed land surveyor, while conducting
work of a preliminary nature or other activity that does not
constitute a survey required by law to be recorded, replaces
or restores an existing or obliterated general land office corner, it is mandatory that, within ninety days thereafter, he
shall file with the county auditor in the county in which said
corner is located a record of the monuments and accessories
found or placed at the corner location, in such form as to meet
the requirements of this chapter. [1973 c 50 § 4.]
58.09.050 Records of survey—Processing—Requirements. The records of survey to be filed under authority of
this chapter shall be processed as follows:
(1)(a) The record of survey filed under RCW
58.09.040(1) shall be an original map, eighteen by twentyfour inches, that is legibly drawn in black ink on mylar and is
suitable for producing legible prints through scanning, microfilming, or other standard copying procedures.
(b) The following are allowable formats for the original
that may be used in lieu of the format set forth under (a) of
this subsection:
(i) Photo mylar with original signatures;
(ii) Any standard material as long as the format is compatible with the auditor’s recording process and records storage system. This format is only allowed in those counties that
are excepted from permanently storing the original document
as required in RCW 58.09.110(5);
(iii) An electronic version of the original if the county
has the capability to accept a digital signature issued by a
licensed certification authority under chapter 19.34 RCW or
a certification authority under the rules adopted by the Washington state board of registration for professional engineers
and land surveyors, and can import electronic files into an
imaging system. The electronic version shall be a standard
raster file format acceptable to the county.
A two inch margin on the left edge and a one-half inch
margin on other edges of the map shall be provided. The
auditor shall reject for recording any maps not suitable for
producing legible prints through scanning, microfilming, or
other standard copying procedures.
(2) Information required by RCW 58.09.040(2) shall be
filed on a standard form eight and one-half inches by fourteen
inches as designed and prescribed by the department of natural resources. The auditor shall reject for recording any
records of corner information not suitable for producing legible prints through scanning, microfilming, or other standard
copying procedures. An electronic version of the standard
form may be filed if the county has the capability to accept a
digital signature issued by a licensed certification authority
under chapter 19.34 RCW or a certification authority under
the rules adopted by the Washington state board of registration for professional engineers and land surveyors, and can
import electronic files into an imaging system. The electronic
version shall be a standard raster file format acceptable to the
county.
(3) Two legible prints of each record of survey as
required under the provisions of this chapter shall be furnished to the county auditor in the county in which the survey
is to be recorded. The auditor, in those counties using imaging systems, may require only the original, and fewer prints,
as needed, to meet the requirements of their duties. If any of
58.09.050
(2006 Ed.)
Surveys—Recording
the prints submitted are not suitable for scanning or microfilming the auditor shall not record the original.
(4) Legibility requirements are set forth in the recorder’s
checklist under RCW 58.09.110. [1999 c 39 § 1; 1973 c 50 §
5.]
58.09.110
(Signed) . . . . . . . . . . . . . . . . . . . . . .
County Auditor
[1973 c 50 § 8.]
58.09.090 When record of survey not required. (1) A
record of survey is not required of any survey:
(a) When it has been made by a public officer in his official capacity and a reproducible copy thereof has been filed
with the county engineer of the county in which the land is
located. A map so filed shall be indexed and kept available
for public inspection. A record of survey shall not be required
of a survey made by the United States bureau of land management. A state agency conducting surveys to carry out the
program of the agency shall not be required to use a land surveyor as defined by this chapter;
(b) When it is of a preliminary nature;
(c) When a map is in preparation for recording or shall
have been recorded in the county under any local subdivision
or platting law or ordinance;
(d) When it is a retracement or resurvey of boundaries of
platted lots, tracts, or parcels shown on a filed or recorded
and surveyed subdivision plat or filed or recorded and surveyed short subdivision plat in which monuments have been
set to mark all corners of the block or street centerline intersections, provided that no discrepancy is found as compared
to said recorded information or information revealed on other
subsequent public survey map records, such as a record of
survey or city or county engineer’s map. If a discrepancy is
found, that discrepancy must be clearly shown on the face of
the required new record of survey. For purposes of this
exemption, the term discrepancy shall include:
(i) A nonexisting or displaced original or replacement
monument from which the parcel is defined and which nonexistence or displacement has not been previously revealed in
the public record;
(ii) A departure from proportionate measure solutions
which has not been revealed in the public record;
(iii) The presence of any physical evidence of encroachment or overlap by occupation or improvement; or
(iv) Differences in linear and/or angular measurement
between all controlling monuments that would indicate differences in spatial relationship between said controlling monuments in excess of 0.50 feet when compared with all locations of public record: That is, if these measurements agree
with any previously existing public record plat or map within
the stated tolerance, a discrepancy will not be deemed to exist
under this subsection.
(2) Surveys exempted by foregoing subsections of this
section shall require filing of a record of corner information
pursuant to RCW 58.09.040(2). [1992 c 106 § 1; 1973 c 50 §
9.]
58.09.090
58.09.060 Records of survey, contents—Record of
corner, information. (1) The record of survey as required
by RCW 58.09.040(1) shall show:
(a) All monuments found, set, reset, replaced, or
removed, describing their kind, size, and location and giving
other data relating thereto;
(b) Bearing trees, corner accessories or witness monuments, basis of bearings, bearing and length of lines, scale of
map, and north arrow;
(c) Name and legal description of tract in which the survey is located and ties to adjoining surveys of record;
(d) Certificates required by RCW 58.09.080;
(e) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines
and areas shown.
(2) The record of corner information as required by
RCW 58.09.040(2) shall be on a standard form showing:
(a) An accurate description and location, in reference to
the corner position, of all monuments and accessories found
at the corner;
(b) An accurate description and location, in reference to
the corner position, of all monuments and accessories placed
or replaced at the corner;
(c) Basis of bearings used to describe or locate such
monuments or accessories;
(d) Corollary information that may be helpful to relocate
or identify the corner position;
(e) Certificate required by RCW 58.09.080. [1973 c 50
§ 6.]
58.09.060
58.09.070 Coordinates—Map showing control
scheme required. When coordinates in the Washington
coordinate system are shown for points on a record of survey
map, the map may not be recorded unless it also shows, or is
accompanied by a map showing, the control scheme through
which the coordinates were determined from points of known
coordinates. [1973 c 50 § 7.]
58.09.070
58.09.080 Certificates—Required—Forms. Certificates shall appear on the record of survey map as follows:
58.09.080
SURVEYOR’S CERTIFICATE
This map correctly represents a survey made by me or
under my direction in conformance with the requirements of
the Survey Recording Act at the request of . . . . . . . . . in
. . . . . ., 19. . .
Name of Person
(Signed and Sealed) . . . . . . . . . . . . . . . . . . .
Certificate No. . . . . . . . . . . . . . . . . . . . . . . .
58.09.100 Filing fee. The charge for filing any record
of survey and/or record of corner information shall be fixed
by the board of county commissioners. [1973 c 50 § 10.]
58.09.100
AUDITOR’S CERTIFICATE
58.09.110 Duties of county auditor. The auditor shall
accept for recording those records of survey and records of
corner information that are in compliance with the recorder’s
checklist as jointly developed by a committee consisting of
58.09.110
Filed for record this . . . . day of . . . . . ., 19. . . at
. . . . .M. in book . . . . of . . . . at page . . . . at the request of
.........
(2006 Ed.)
[Title 58 RCW—page 5]
58.09.120
Title 58 RCW: Boundaries and Plats
the survey advisory board and two representatives from the
Washington state association of county auditors. This checklist shall be adopted in rules by the department of natural
resources.
(1) The auditor shall keep proper indexes of such record
of survey by the name of owner and by quarter-quarter section, township, and range, with reference to other legal subdivisions.
(2) The auditor shall keep proper indexes of the record of
corner information by section, township, and range.
(3) After entering the recording data on the record of survey and all prints received from the surveyor, the auditor
shall send one of the surveyor’s prints to the department of
natural resources in Olympia, Washington, for incorporation
into the statewide survey records repository. However, the
county and the department of natural resources may mutually
agree to process the original or an electronic version of the
original in lieu of the surveyor’s print.
(4) After entering the recording data on the record of corner information the auditor shall send a legible copy, suitable
for scanning, to the department of natural resources in Olympia, Washington. However, the county and the department of
natural resources may mutually agree to process the original
or an electronic version of the original in lieu of the copy.
(5) The auditor shall permanently keep the original document filed using storage and handling processes that do not
cause excessive deterioration of the document. A county may
be excepted from the requirement to permanently store the
original document if it has a document scanning, filming, or
other process that creates a permanent, archival record that
meets or surpasses the standards as adopted in rule by the
division of archives and records management in chapter 434663 or 434-677 WAC. The auditor must be able to provide
full-size copies upon request. The auditor shall maintain a
copy or image of the original for public reference.
(6) If the county has the capability to accept a digital signature issued by a licensed certification authority under chapter 19.34 RCW or a certification authority under the rules
adopted by the Washington state board of registration for
professional engineers and land surveyors, and can import
electronic files into an imaging system, the auditor may
accept for recording electronic versions of the documents
required by this chapter. The electronic version shall be a
standard raster file format acceptable to the county.
(7) This section does not supersede other existing recording statutes. [1999 c 39 § 2; 1973 c 50 § 11.]
58.09.120
58.09.120 Monuments—Requirements. Any monument set by a land surveyor to mark or reference a point on a
property or land line shall be permanently marked or tagged
with the certificate number of the land surveyor setting it. If
the monument is set by a public officer it shall be marked by
an appropriate official designation.
Monuments set by a land surveyor shall be sufficient in
number and durability and shall be efficiently placed so as
not to be readily disturbed in order to assure, together with
monuments already existing, the perpetuation or reestablishment of any point or line of a survey. [1973 c 50 § 12.]
[Title 58 RCW—page 6]
58.09.130
58.09.130 Monuments disturbed by construction
activities—Procedure—Requirements. When adequate
records exist as to the location of subdivision, tract, street, or
highway monuments, such monuments shall be located and
referenced by or under the direction of a land surveyor at the
time when streets or highways are reconstructed or relocated,
or when other construction or activity affects their perpetuation. Whenever practical a suitable monument shall be reset
in the surface of the new construction. In all other cases permanent witness monuments shall be set to perpetuate the
location of preexisting monuments. Additionally, sufficient
controlling monuments shall be retained or replaced in their
original positions to enable land lines, property corners, elevations and tract boundaries to be reestablished without
requiring surveys originating from monuments other than the
ones disturbed by the current construction or activity.
It shall be the responsibility of the governmental agency
or others performing construction work or other activity to
provide for the monumentation required by this section. It
shall be the duty of every land surveyor to cooperate with
such governmental agency or other person in matters of
maps, field notes, and other pertinent records. Monuments set
to mark the limiting lines of highways, roads, or streets shall
not be deemed adequate for this purpose unless specifically
noted on the records of the improvement works with direct
ties in bearing or azimuth and distance between those and
other monuments of record. [1973 c 50 § 13.]
58.09.140
58.09.140 Noncompliance grounds for revocation of
land surveyor’s license. Noncompliance with any provision
of this chapter, as it now exists or may hereafter be amended,
shall constitute grounds for revocation of a land surveyor’s
authorization to practice the profession of land surveying and
as further set forth under RCW 18.43.105 and 18.43.110.
[1973 c 50 § 14.]
58.09.900
58.09.900 Severability—1973 c 50. If any provision of
this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1973 c 50 § 15.]
Chapter 58.10
Chapter 58.10 RCW
DEFECTIVE PLATS LEGALIZED
Sections
58.10.010
58.10.020
58.10.030
58.10.040
Defective plats legalized—1881 Code.
Certified copy of plat as evidence.
Resurvey and corrected plat—Corrected plat as evidence.
Regulation of surveys and plats.
58.10.010
58.10.010 Defective plats legalized—1881 Code. All
city or town plats or any addition or additions thereto, heretofore made and recorded in the county auditor’s office of any
county in Washington state, showing lots, blocks, streets,
alleys or public grounds, shall be conclusive evidence of the
location and size of the lots, blocks and public grounds and
the location and width of each and every street or alley
marked, laid down or appearing on such plat, and that all the
right, title, interest or estate which the person or persons making or recording such plat, or causing the same to be made, or
(2006 Ed.)
Plats—Subdivisions—Dedications
recorded, had at the time of making or recording such plat in
or to such streets, alleys or public grounds was thereby dedicated to public use, whether the same was made, executed or
acknowledged in accordance with the provisions of the laws
of this state in force at the time of making the same or not.
[Code 1881 § 2338; RRS § 9306. Formerly RCW 58.08.080.]
Chapter 58.17
Platted streets, public highways—Lack of compliance, penalty: RCW
58.08.035.
Chapter 58.17 RCW
PLATS—SUBDIVISIONS—DEDICATIONS
Chapter 58.17
Sections
58.10.020 Certified copy of plat as evidence. A copy
of any city or town plat or addition thereto recorded in the
manner provided for in RCW 58.10.010, certified by the
county auditor of the county in which the same is recorded to
be a true copy of such record and the whole thereof, shall be
received in evidence in all the courts of this state, with like
effect as the original. [Code 1881 § 2339; RRS § 9307. Formerly RCW 58.08.070.]
58.17.010
58.17.020
58.17.030
58.17.033
Rules of court: ER 803(a)(14).
58.17.065
58.17.070
58.10.020
Certified copies
of instruments, or transcripts of county commissioners’ proceedings:
RCW 5.44.070.
of recorded instruments as evidence: RCW 5.44.060.
58.17.035
58.17.040
58.17.050
58.17.060
Copies of business and public records as evidence: RCW 5.46.010.
58.17.080
58.17.090
58.17.092
58.17.095
Instruments to be recorded or filed: RCW 65.04.030.
58.17.100
Photostatic or photographic copies of public or business records admissible
in evidence: RCW 40.20.030.
58.17.110
58.10.030
58.10.030 Resurvey and corrected plat—Corrected
plat as evidence. Whenever the recorded plat of any city or
addition thereto does not definitely show the location or size
of lots or blocks, or the location or width of any street or alley
in such city or addition, the city council of the city in which
the land so platted is located, is hereby authorized and
empowered by ordinance and the action of its proper officers,
to cause a new and correct survey and plat of such city or
addition to be made, and recorded in the office of the county
auditor of the county in which such city or addition is located,
which corrected plat shall follow the plan of the original survey and plat, so far as the same can be ascertained and followed, and a certificate of the officer or surveyor making the
same shall be endorsed thereon, referring to the original plat
corrected thereby, and the deficit existing therein, and corrected by such new survey and plat; and the ordinance authorizing the making of such plat shall be recorded in the office
of the county auditor of said county and said certificate shall
show where said ordinance is recorded, and such plat when
so made and recorded, or a copy thereof certified as provided
in RCW 58.10.020 shall be admissible in evidence in all the
courts in this state. [Code 1881 § 2340; RRS § 9308. Formerly RCW 58.12.130.]
58.10.040
58.10.040 Regulation of surveys and plats. All incorporated cities in the state of Washington are hereby authorized and empowered to regulate and prescribe the manner
and form of making any future survey or plat of lands within
their respective limits and enforce such regulations by a fine
of not exceeding one hundred dollars, to be recovered by and
in the name of such city, or imprisonment not exceeding
twenty days for each violation of any ordinance regulating
such survey and platting: PROVIDED, That nothing in this
chapter shall be construed so as to apply to additions to towns
in which no lots have been sold. [Code 1881 § 2341; RRS §
9309. Formerly RCW 58.12.140.]
(2006 Ed.)
58.17.120
58.17.130
58.17.140
58.17.150
58.17.155
58.17.160
58.17.165
58.17.170
58.17.180
58.17.190
58.17.195
58.17.200
58.17.205
58.17.210
58.17.212
58.17.215
58.17.217
58.17.218
58.17.220
58.17.225
58.17.230
58.17.240
58.17.250
58.17.255
58.17.260
58.17.275
58.17.280
58.17.290
58.17.300
Purpose.
Definitions.
Subdivisions to comply with chapter, local regulations.
Proposed division of land—Consideration of application for
preliminary plat or short plat approval—Requirements
defined by local ordinance.
Alternative method of land division—Binding site plans.
Chapter inapplicable, when.
Assessors plat—Compliance.
Short plats and short subdivisions—Summary approval—Regulations—Requirements.
Short plats and short subdivisions—Filing.
Preliminary plat of subdivisions and dedications—Submission
for approval—Procedure.
Filing of preliminary plat—Notice.
Notice of public hearing.
Public notice—Identification of affected property.
Ordinance may authorize administrative review of preliminary
plat without public hearing.
Review of preliminary plats by planning commission or
agency—Recommendation—Change by legislative body—
Procedure—Approval.
Approval or disapproval of subdivision and dedication—Factors to be considered—Conditions for approval—Finding—
Release from damages.
Disapproval due to flood, inundation or swamp conditions—
Improvements—Approval conditions.
Bond in lieu of actual construction of improvements prior to
approval of final plat—Bond or security to assure successful
operation of improvements.
Time limitation for approval or disapproval of plats—Extensions.
Recommendations of certain agencies to accompany plats submitted for final approval.
Short subdivision adjacent to state highway—Notice to department of transportation.
Requirements for each plat or replat filed for record.
Certificate giving description and statement of owners must
accompany final plat—Dedication, certificate requirements
if plat contains—Waiver.
Written approval of subdivision—Original of final plat to be
filed—Copies.
Review of decision.
Approval of plat required before filing—Procedure when
unapproved plat filed.
Approval of plat or short plat—Written finding of conformity
with applicable land use controls.
Injunctive action to restrain subdivision, sale, transfer of land
where final plat not filed.
Agreements to transfer land conditioned on final plat
approval—Authorized.
Building, septic tank or other development permits not to be
issued for land divided in violation of chapter or regulations—Exceptions—Damages—Rescission by purchaser.
Vacation of subdivision—Procedure.
Alteration of subdivision—Procedure.
Alteration or vacation of subdivision—Conduct of hearing.
Alteration of subdivision—Easements by dedication.
Violation of court order or injunction—Penalty.
Easement over public open space—May be exempt from
RCW 58.17.215—Hearing—Notice.
Assurance of discontinuance of violations.
Permanent control monuments.
Survey of subdivision and preparation of plat.
Survey discrepancy—Disclosure.
Joint committee—Members—Recommendations for surveys,
monumentation and plat drawings.
Proposals to adopt, amend, or repeal local ordinances—
Advance notice.
Naming and numbering of short subdivisions, subdivisions,
streets, lots and blocks.
Copy of plat as evidence.
Violations—Penalties.
[Title 58 RCW—page 7]
58.17.010
58.17.310
58.17.320
58.17.330
58.17.900
58.17.910
58.17.920
Title 58 RCW: Boundaries and Plats
Approval of plat within irrigation district without provision for
irrigation prohibited.
Compliance with chapter and local regulations—Enforcement.
Hearing examiner system—Adoption authorized—Procedures—Decisions.
Validation of existing ordinances and resolutions.
Severability—1969 ex.s. c 271.
Effective date and application of 1974 ex.s. c 134.
Fees for filing subdivision plats and short plats: RCW 58.24.070.
58.17.010
58.17.010 Purpose. The legislature finds that the process by which land is divided is a matter of state concern and
should be administered in a uniform manner by cities, towns,
and counties throughout the state. The purpose of this chapter
is to regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with standards established by the state to prevent the overcrowding of
land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient
travel by the public on streets and highways; to provide for
adequate light and air; to facilitate adequate provision for
water, sewerage, parks and recreation areas, sites for schools
and schoolgrounds and other public requirements; to provide
for proper ingress and egress; to provide for the expeditious
review and approval of proposed subdivisions which conform to zoning standards and local plans and policies; to adequately provide for the housing and commercial needs of the
citizens of the state; and to require uniform monumenting of
land subdivisions and conveyancing by accurate legal
description. [1981 c 293 § 1; 1969 ex.s. c 271 § 1.]
Reviser’s note: Throughout this chapter, the phrase "this act" has been
changed to "this chapter." "This act" [1969 ex.s. c 271] also consists of
amendments to RCW 58.08.040 and 58.24.040 and the repeal of RCW
58.16.010 through 58.16.110.
Severability—1981 c 293: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 293 § 16.]
58.17.020 Definitions. As used in this chapter, unless
the context or subject matter clearly requires otherwise, the
words or phrases defined in this section shall have the indicated meanings.
(1) "Subdivision" is the division or redivision of land
into five or more lots, tracts, parcels, sites, or divisions for the
purpose of sale, lease, or transfer of ownership, except as provided in subsection (6) of this section.
(2) "Plat" is a map or representation of a subdivision,
showing thereon the division of a tract or parcel of land into
lots, blocks, streets and alleys, or other divisions and dedications.
(3) "Dedication" is the deliberate appropriation of land
by an owner for any general and public uses, reserving to
himself or herself no other rights than such as are compatible
with the full exercise and enjoyment of the public uses to
which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for
filing of a final plat or short plat showing the dedication
thereon; and, the acceptance by the public shall be evidenced
by the approval of such plat for filing by the appropriate governmental unit.
A dedication of an area of less than two acres for use as
a public park may include a designation of a name for the
park, in honor of a deceased individual of good character.
58.17.020
[Title 58 RCW—page 8]
(4) "Preliminary plat" is a neat and approximate drawing
of a proposed subdivision showing the general layout of
streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The
preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.
(5) "Final plat" is the final drawing of the subdivision
and dedication prepared for filing for record with the county
auditor and containing all elements and requirements set
forth in this chapter and in local regulations adopted under
this chapter.
(6) "Short subdivision" is the division or redivision of
land into four or fewer lots, tracts, parcels, sites, or divisions
for the purpose of sale, lease, or transfer of ownership. However, the legislative authority of any city or town may by
local ordinance increase the number of lots, tracts, or parcels
to be regulated as short subdivisions to a maximum of nine.
The legislative authority of any county planning under RCW
36.70A.040 that has adopted a comprehensive plan and
development regulations in compliance with chapter 36.70A
RCW may by ordinance increase the number of lots, tracts, or
parcels to be regulated as short subdivisions to a maximum of
nine in any urban growth area.
(7) "Binding site plan" means a drawing to a scale specified by local ordinance which: (a) Identifies and shows the
areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local
regulations; (b) contains inscriptions or attachments setting
forth such appropriate limitations and conditions for the use
of the land as are established by the local government body
having authority to approve the site plan; and (c) contains
provisions making any development be in conformity with
the site plan.
(8) "Short plat" is the map or representation of a short
subdivision.
(9) "Lot" is a fractional part of divided lands having
fixed boundaries, being of sufficient area and dimension to
meet minimum zoning requirements for width and area. The
term shall include tracts or parcels.
(10) "Block" is a group of lots, tracts, or parcels within
well defined and fixed boundaries.
(11) "County treasurer" shall be as defined in chapter
36.29 RCW or the office or person assigned such duties
under a county charter.
(12) "County auditor" shall be as defined in chapter
36.22 RCW or the office or person assigned such duties
under a county charter.
(13) "County road engineer" shall be as defined in chapter 36.40 RCW or the office or person assigned such duties
under a county charter.
(14) "Planning commission" means that body as defined
in chapter 36.70, 35.63, or 35A.63 RCW as designated by the
legislative body to perform a planning function or that body
assigned such duties and responsibilities under a city or
county charter.
(15) "County commissioner" shall be as defined in chapter 36.32 RCW or the body assigned such duties under a
county charter. [2002 c 262 § 1; 1995 c 32 § 2; 1983 c 121 §
1. Prior: 1981 c 293 § 2; 1981 c 292 § 1; 1969 ex.s. c 271 §
2.]
Severability—1981 c 293: See note following RCW 58.17.010.
(2006 Ed.)
Plats—Subdivisions—Dedications
Camping resort contracts—Nonapplicability of certain laws to—Resort not
subdivision except under city, county powers: RCW 19.105.510.
58.17.030
58.17.030 Subdivisions to comply with chapter, local
regulations. Every subdivision shall comply with the provisions of this chapter. Every short subdivision as defined in
this chapter shall comply with the provisions of any local regulation adopted pursuant to RCW 58.17.060. [1974 ex.s. c
134 § 1; 1969 ex.s. c 271 § 3.]
58.17.033
58.17.033 Proposed division of land—Consideration
of application for preliminary plat or short plat
approval—Requirements defined by local ordinance. (1)
A proposed division of land, as defined in RCW 58.17.020,
shall be considered under the subdivision or short subdivision
ordinance, and zoning or other land use control ordinances, in
effect on the land at the time a fully completed application for
preliminary plat approval of the subdivision, or short plat
approval of the short subdivision, has been submitted to the
appropriate county, city, or town official.
(2) The requirements for a fully completed application
shall be defined by local ordinance.
(3) The limitations imposed by this section shall not
restrict conditions imposed under chapter 43.21C RCW.
[1987 c 104 § 2.]
58.17.035
58.17.035 Alternative method of land division—
Binding site plans. A city, town, or county may adopt by
ordinance procedures for the divisions of land by use of a
binding site plan as an alternative to the procedures required
by this chapter. The ordinance shall be limited and only apply
to one or more of the following: (1) The use of a binding site
plan to divisions for sale or lease of commercially or industrially zoned property as provided in RCW 58.17.040(4); (2)
divisions of property for lease as provided for in RCW
58.17.040(5); and (3) divisions of property as provided for in
RCW 58.17.040(7). Such ordinance may apply the same or
different requirements and procedures to each of the three
types of divisions and shall provide for the alteration or vacation of the binding site plan, and may provide for the administrative approval of the binding site plan.
The ordinance shall provide that after approval of the
general binding site plan for industrial or commercial divisions subject to a binding site plan, the approval for improvements and finalization of specific individual commercial or
industrial lots shall be done by administrative approval.
The binding site plan, after approval, and/or when specific lots are administratively approved, shall be filed with
the county auditor with a record of survey. Lots, parcels, or
tracts created through the binding site plan procedure shall be
legal lots of record. The number of lots, tracts, parcels, sites,
or divisions shall not exceed the number of lots allowed by
the local zoning ordinances.
All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or
any other person acquiring a lease or other ownership interest
of any lot, parcel, or tract created pursuant to the binding site
plan.
Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan, that does not conform
to the requirements of the binding site plan or without bind(2006 Ed.)
58.17.040
ing site plan approval, shall be considered a violation of
chapter 58.17 RCW and shall be restrained by injunctive
action and be illegal as provided in chapter 58.17 RCW.
[1987 c 354 § 2.]
58.17.040 Chapter inapplicable, when. The provisions of this chapter shall not apply to:
(1) Cemeteries and other burial plots while used for that
purpose;
(2) Divisions of land into lots or tracts each of which is
one-one hundred twenty-eighth of a section of land or larger,
or five acres or larger if the land is not capable of description
as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated
shall have adopted a subdivision ordinance requiring plat
approval of such divisions: PROVIDED, That for purposes
of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to
include that area which would be bounded by the center line
of the road or street and the side lot lines of the lot running
perpendicular to such center line;
(3) Divisions made by testamentary provisions, or the
laws of descent;
(4) Divisions of land into lots or tracts classified for
industrial or commercial use when the city, town, or county
has approved a binding site plan for the use of the land in
accordance with local regulations;
(5) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are
permitted to be placed upon the land when the city, town, or
county has approved a binding site plan for the use of the land
in accordance with local regulations;
(6) A division made for the purpose of alteration by
adjusting boundary lines, between platted or unplatted lots or
both, which does not create any additional lot, tract, parcel,
site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet
minimum requirements for width and area for a building site;
(7) Divisions of land into lots or tracts if: (a) Such division is the result of subjecting a portion of a parcel or tract of
land to either chapter 64.32 or 64.34 RCW subsequent to the
recording of a binding site plan for all such land; (b) the
improvements constructed or to be constructed thereon are
required by the provisions of the binding site plan to be
included in one or more condominiums or owned by an association or other legal entity in which the owners of units
therein or their owners’ associations have a membership or
other legal or beneficial interest; (c) a city, town, or county
has approved the binding site plan for all such land; (d) such
approved binding site plan is recorded in the county or counties in which such land is located; and (e) the binding site plan
contains thereon the following statement: "All development
and use of the land described herein shall be in accordance
with this binding site plan, as it may be amended with the
approval of the city, town, or county having jurisdiction over
the development of such land, and in accordance with such
other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land
and the development and use thereof. Upon completion, the
improvements on the land shall be included in one or more
condominiums or owned by an association or other legal
58.17.040
[Title 58 RCW—page 9]
58.17.050
Title 58 RCW: Boundaries and Plats
entity in which the owners of units therein or their owners’
associations have a membership or other legal or beneficial
interest. This binding site plan shall be binding upon all now
or hereafter having any interest in the land described herein."
The binding site plan may, but need not, depict or describe
the boundaries of the lots or tracts resulting from subjecting a
portion of the land to either chapter 64.32 or 64.34 RCW. A
site plan shall be deemed to have been approved if the site
plan was approved by a city, town, or county: (i) In connection with the final approval of a subdivision plat or planned
unit development with respect to all of such land; or (ii) in
connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or (iii)
if not approved pursuant to (i) and (ii) of this subsection
(7)(e), then pursuant to such other procedures as such city,
town, or county may have established for the approval of a
binding site plan;
(8) A division for the purpose of leasing land for facilities providing personal wireless services while used for that
purpose. "Personal wireless services" means any federally
licensed personal wireless service. "Facilities" means
unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including,
but not necessarily limited to, antenna arrays, transmission
cables, equipment shelters, and support structures; and
(9) A division of land into lots or tracts of less than three
acres that is recorded in accordance with chapter 58.09 RCW
and is used or to be used for the purpose of establishing a site
for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, "electric utility facilities" means unstaffed facilities,
except for the presence of security personnel, that are used
for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not
limited to, electric power substations. This subsection does
not exempt a division of land from the zoning and permitting
laws and regulations of cities, towns, counties, and municipal
corporations. Furthermore, this subsection only applies to
electric utility facilities that will be placed into service to
meet the electrical needs of a utility’s existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility
facilities subject to the provisions of this subsection are
planned and constructed. [2004 c 239 § 1; 2002 c 44 § 1;
1992 c 220 § 27; 1989 c 43 § 4-123. Prior: 1987 c 354 § 1;
1987 c 108 § 1; 1983 c 121 § 2; prior: 1981 c 293 § 3; 1981
c 292 § 2; 1974 ex.s. c 134 § 2; 1969 ex.s. c 271 § 4.]
Severability—Effective date—1989 c 43: See RCW 64.34.920 and
64.34.930.
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.050 Assessors plat—Compliance. An assessors
plat made in accordance with RCW 58.18.010 need not comply with any of the requirements of this chapter except RCW
58.17.240 and 58.17.250. [1969 ex.s. c 271 § 5.]
58.17.050
58.17.060 Short plats and short subdivisions—Summary approval—Regulations—Requirements. (1) The
legislative body of a city, town, or county shall adopt regulations and procedures, and appoint administrative personnel
for the summary approval of short plats and short subdivi58.17.060
[Title 58 RCW—page 10]
sions or alteration or vacation thereof. When an alteration or
vacation involves a public dedication, the alteration or vacation shall be processed as provided in RCW 58.17.212 or
58.17.215. Such regulations shall be adopted by ordinance
and shall provide that a short plat and short subdivision may
be approved only if written findings that are appropriate, as
provided in RCW 58.17.110, are made by the administrative
personnel, and may contain wholly different requirements
than those governing the approval of preliminary and final
plats of subdivisions and may require surveys and monumentations and shall require filing of a short plat, or alteration or
vacation thereof, for record in the office of the county auditor: PROVIDED, That such regulations must contain a
requirement that land in short subdivisions may not be further
divided in any manner within a period of five years without
the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four
lots within the original short plat boundaries: PROVIDED
FURTHER, That such regulations are not required to contain
a penalty clause as provided in RCW 36.32.120 and may provide for wholly injunctive relief.
An ordinance requiring a survey shall require that the
survey be completed and filed with the application for
approval of the short subdivision.
(2) Cities, towns, and counties shall include in their short
plat regulations and procedures pursuant to subsection (1) of
this section provisions for considering sidewalks and other
planning features that assure safe walking conditions for students who walk to and from school. [1990 1st ex.s. c 17 § 51;
1989 c 330 § 2; 1987 c 354 § 5; 1987 c 92 § 1; 1974 ex.s. c
134 § 3; 1969 ex.s. c 271 § 6.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
58.17.065
58.17.065 Short plats and short subdivisions—Filing.
Each short plat and short subdivision granted pursuant to
local regulations after July 1, 1974, shall be filed with the
county auditor and shall not be deemed "approved" until so
filed. [1974 ex.s. c 134 § 12.]
58.17.070
58.17.070 Preliminary plat of subdivisions and dedications—Submission for approval—Procedure. A preliminary plat of proposed subdivisions and dedications of
land shall be submitted for approval to the legislative body of
the city, town, or county within which the plat is situated.
Unless an applicant for preliminary plat approval
requests otherwise, a preliminary plat shall be processed
simultaneously with applications for rezones, variances,
planned unit developments, site plan approvals, and similar
quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit
simultaneous processing. [1981 c 293 § 4; 1969 ex.s. c 271 §
7.]
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.080
58.17.080 Filing of preliminary plat—Notice. Notice
of the filing of a preliminary plat of a proposed subdivision
adjacent to or within one mile of the municipal boundaries of
(2006 Ed.)
Plats—Subdivisions—Dedications
a city or town, or which contemplates the use of any city or
town utilities shall be given to the appropriate city or town
authorities. Any notice required by this chapter shall include
the hour and location of the hearing and a description of the
property to be platted. Notice of the filing of a preliminary
plat of a proposed subdivision located in a city or town and
adjoining the municipal boundaries thereof shall be given to
appropriate county officials. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the
right-of-way of a state highway or within two miles of the
boundary of a state or municipal airport shall be given to the
secretary of transportation. In the case of notification to the
secretary of transportation, the secretary shall respond to the
notifying authority within fifteen days of such notice as to the
effect that the proposed subdivision will have on the state
highway or the state or municipal airport. [1982 c 23 § 1;
1969 ex.s. c 271 § 8.]
58.17.090
58.17.090 Notice of public hearing. (1) Upon receipt
of an application for preliminary plat approval the administrative officer charged by ordinance with responsibility for
administration of regulations pertaining to platting and subdivisions shall provide public notice and set a date for a public
hearing. Except as provided in RCW 36.70B.110, at a minimum, notice of the hearing shall be given in the following
manner:
(a) Notice shall be published not less than ten days prior
to the hearing in a newspaper of general circulation within the
county and a newspaper of general circulation in the area
where the real property which is proposed to be subdivided is
located; and
(b) Special notice of the hearing shall be given to adjacent landowners by any other reasonable method local
authorities deem necessary. Adjacent landowners are the
owners of real property, as shown by the records of the
county assessor, located within three hundred feet of any portion of the boundary of the proposed subdivision. If the
owner of the real property which is proposed to be subdivided
owns another parcel or parcels of real property which lie
adjacent to the real property proposed to be subdivided,
notice under this subsection (1)(b) shall be given to owners of
real property located within three hundred feet of any portion
of the boundaries of such adjacently located parcels of real
property owned by the owner of the real property proposed to
be subdivided.
(2) All hearings shall be public. All hearing notices shall
include a description of the location of the proposed subdivision. The description may be in the form of either a vicinity
location sketch or a written description other than a legal
description. [1995 c 347 § 426; 1981 c 293 § 5; 1974 ex.s. c
134 § 4; 1969 ex.s. c 271 § 9.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.092
58.17.092 Public notice—Identification of affected
property. Any notice made under chapter 58.17 or 36.70B
RCW that identifies affected property may identify this
affected property without using a legal description of the
property including, but not limited to, identification by an
(2006 Ed.)
58.17.095
address, written description, vicinity sketch, or other reasonable means. [1995 c 347 § 427; 1988 c 168 § 12.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
58.17.095
58.17.095 Ordinance may authorize administrative
review of preliminary plat without public hearing. A
county, city, or town may adopt an ordinance providing for
the administrative review of a preliminary plat without a public hearing by adopting an ordinance providing for such
administrative review. The ordinance may specify a threshold number of lots in a subdivision above which a public
hearing must be held, and may specify other factors which
necessitate the holding of a public hearing. The administrative review process shall include the following minimum
conditions:
(1) The notice requirements of RCW 58.17.090 shall be
followed, except that the publication shall be made within ten
days of the filing of the application. Additionally, at least ten
days after the filing of the application notice both shall be:
(a) Posted on or around the land proposed to be subdivided in
at least five conspicuous places designed to attract public
awareness of the proposal; and (b) mailed to the owner of
each lot or parcel of property located within at least three
hundred feet of the site. The applicant shall provide the
county, city, or town with a list of such property owners and
their addresses. The notice shall include notification that no
public hearing will be held on the application, except as provided by this section. The notice shall set out the procedures
and time limitations for persons to require a public hearing
and make comments.
(2) Any person shall have a period of twenty days from
the date of the notice to comment upon the proposed preliminary plat. All comments received shall be provided to the
applicant. The applicant has seven days from receipt of the
comments to respond thereto.
(3) A public hearing on the proposed subdivision shall be
held if any person files a request for a hearing with the
county, city, or town within twenty-one days of the publishing of such notice. If such a hearing is requested, notice
requirements for the public hearing shall be in conformance
with RCW 58.17.090, and the ninety-day period for approval
or disapproval of the proposed subdivision provided for in
RCW 58.17.140 shall commence with the date of the filing of
the request for a public hearing. Any hearing ordered under
this subsection shall be conducted by the planning commission or hearings officer as required by county or city ordinance.
(4) On its own initiative within twenty-one days of the
filing of the request for approval of the subdivision, the governing body, or a designated employee or official, of the
county, city, or town, shall be authorized to cause a public
hearing to be held on the proposed subdivision within ninety
days of the filing of the request for the subdivision.
(5) If the public hearing is waived as provided in this section, the planning commission or planning agency shall complete the review of the proposed preliminary plat and transmit
its recommendation to the legislative body as provided in
RCW 58.17.100. [1986 c 233 § 1.]
Applicability—1986 c 233: "This act does not affect the provisions of
RCW 82.02.020." [1986 c 233 § 3.]
[Title 58 RCW—page 11]
58.17.100
Title 58 RCW: Boundaries and Plats
58.17.100
58.17.100 Review of preliminary plats by planning
commission or agency—Recommendation—Change by
legislative body—Procedure—Approval. If a city, town or
county has established a planning commission or planning
agency in accordance with state law or local charter, such
commission or agency shall review all preliminary plats and
make recommendations thereon to the city, town or county
legislative body to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan
and to planning standards and specifications as adopted by
the city, town or county. Reports of the planning commission
or agency shall be advisory only: PROVIDED, That the legislative body of the city, town or county may, by ordinance,
assign to such commission or agency, or any department official or group of officials, such administrative functions, powers and duties as may be appropriate, including the holding of
hearings, and recommendations for approval or disapproval
of preliminary plats of proposed subdivisions.
Such recommendation shall be submitted to the legislative body not later than fourteen days following action by the
hearing body. Upon receipt of the recommendation on any
preliminary plat the legislative body shall at its next public
meeting set the date for the public meeting where it shall consider the recommendations of the hearing body and may
adopt or reject the recommendations of such hearing body
based on the record established at the public hearing. If, after
considering the matter at a public meeting, the legislative
body deems a change in the planning commission’s or planning agency’s recommendation approving or disapproving
any preliminary plat is necessary, the legislative body shall
adopt its own recommendations and approve or disapprove
the preliminary plat.
Every decision or recommendation made under this section shall be in writing and shall include findings of fact and
conclusions to support the decision or recommendation.
A record of all public meetings and public hearings shall
be kept by the appropriate city, town or county authority and
shall be open to public inspection.
Sole authority to approve final plats, and to adopt or
amend platting ordinances shall reside in the legislative bodies. [1995 c 347 § 428; 1981 c 293 § 6; 1969 ex.s. c 271 §
10.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.110
58.17.110 Approval or disapproval of subdivision
and dedication—Factors to be considered—Conditions
for approval—Finding—Release from damages. (1) The
city, town, or county legislative body shall inquire into the
public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine:
(a) If appropriate provisions are made for, but not limited to,
the public health, safety, and general welfare, for open
spaces, drainage ways, streets or roads, alleys, other public
ways, transit stops, potable water supplies, sanitary wastes,
parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including
sidewalks and other planning features that assure safe walking conditions for students who only walk to and from
[Title 58 RCW—page 12]
school; and (b) whether the public interest will be served by
the subdivision and dedication.
(2) A proposed subdivision and dedication shall not be
approved unless the city, town, or county legislative body
makes written findings that: (a) Appropriate provisions are
made for the public health, safety, and general welfare and
for such open spaces, drainage ways, streets or roads, alleys,
other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and
schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking
conditions for students who only walk to and from school;
and (b) the public use and interest will be served by the platting of such subdivision and dedication. If it finds that the
proposed subdivision and dedication make such appropriate
provisions and that the public use and interest will be served,
then the legislative body shall approve the proposed subdivision and dedication. Dedication of land to any public body,
provision of public improvements to serve the subdivision,
and/or impact fees imposed under RCW 82.02.050 through
82.02.090 may be required as a condition of subdivision
approval. Dedications shall be clearly shown on the final plat.
No dedication, provision of public improvements, or impact
fees imposed under RCW 82.02.050 through 82.02.090 shall
be allowed that constitutes an unconstitutional taking of private property. The legislative body shall not as a condition to
the approval of any subdivision require a release from damages to be procured from other property owners.
(3) If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has
designated that the park be named in honor of a deceased
individual of good character, the city, town, or county legislative body must adopt the designated name. [1995 c 32 § 3;
1990 1st ex.s. c 17 § 52; 1989 c 330 § 3; 1974 ex.s. c 134 § 5;
1969 ex.s. c 271 § 11.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
58.17.120
58.17.120 Disapproval due to flood, inundation or
swamp conditions—Improvements—Approval conditions. The city, town, or county legislative body shall consider the physical characteristics of a proposed subdivision
site and may disapprove a proposed plat because of flood,
inundation, or swamp conditions. Construction of protective
improvements may be required as a condition of approval,
and such improvements shall be noted on the final plat.
No plat shall be approved by any city, town, or county
legislative authority covering any land situated in a flood
control zone as provided in chapter 86.16 RCW without the
prior written approval of the department of ecology of the
state of Washington. [1974 ex.s. c 134 § 6; 1969 ex.s. c 271
§ 12.]
58.17.130
58.17.130 Bond in lieu of actual construction of
improvements prior to approval of final plat—Bond or
security to assure successful operation of improvements.
Local regulations shall provide that in lieu of the completion
of the actual construction of any required improvements prior
to the approval of a final plat, the city, town, or county legislative body may accept a bond, in an amount and with surety
and conditions satisfactory to it, or other secure method, pro(2006 Ed.)
Plats—Subdivisions—Dedications
viding for and securing to the municipality the actual construction and installation of such improvements within a
period specified by the city, town, or county legislative body
and expressed in the bonds. In addition, local regulations may
provide for methods of security, including the posting of a
bond securing to the municipality the successful operation of
improvements for an appropriate period of time up to two
years after final approval. The municipality is hereby granted
the power to enforce bonds authorized under this section by
all appropriate legal and equitable remedies. Such local regulations may provide that the improvements such as structures,
sewers, and water systems shall be designed and certified by
or under the supervision of a registered civil engineer prior to
the acceptance of such improvements. [1974 ex.s. c 134 § 7;
1969 ex.s. c 271 § 13.]
58.17.140
58.17.140 Time limitation for approval or disapproval of plats—Extensions. Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless
the applicant consents to an extension of such time period or
the ninety day limitation is extended to include up to twentyone days as specified under RCW 58.17.095(3): PROVIDED, That if an environmental impact statement is
required as provided in RCW 43.21C.030, the ninety day
period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. Final plats and short plats shall be approved,
disapproved, or returned to the applicant within thirty days
from the date of filing thereof, unless the applicant consents
to an extension of such time period. A final plat meeting all
requirements of this chapter shall be submitted to the legislative body of the city, town, or county for approval within five
years of the date of preliminary plat approval. Nothing contained in this section shall act to prevent any city, town, or
county from adopting by ordinance procedures which would
allow extensions of time that may or may not contain additional or altered conditions and requirements. [1995 c 68 § 1;
1986 c 233 § 2; 1983 c 121 § 3; 1981 c 293 § 7; 1974 ex.s. c
134 § 8; 1969 ex.s. c 271 § 14.]
Applicability—1986 c 233: See note following RCW 58.17.095.
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.150
58.17.150 Recommendations of certain agencies to
accompany plats submitted for final approval. Each preliminary plat submitted for final approval of the legislative
body shall be accompanied by the following agencies’ recommendations for approval or disapproval:
(1) Local health department or other agency furnishing
sewage disposal and supplying water as to the adequacy of
the proposed means of sewage disposal and water supply;
(2) Local planning agency or commission, charged with
the responsibility of reviewing plats and subdivisions, as to
compliance with all terms of the preliminary approval of the
proposed plat subdivision or dedication;
(3) City, town or county engineer.
Except as provided in RCW 58.17.140, an agency or person issuing a recommendation for subsequent approval under
subsections (1) and (3) of this section shall not modify the
(2006 Ed.)
58.17.165
terms of its recommendations without the consent of the
applicant. [1983 c 121 § 4; 1981 c 293 § 8; 1969 ex.s. c 271
§ 15.]
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.155
58.17.155 Short subdivision adjacent to state highway—Notice to department of transportation. Whenever
a city, town, or county receives an application for the
approval of a short plat of a short subdivision that is located
adjacent to the right of way of a state highway, the responsible administrator shall give written notice of the application,
including a legal description of the short subdivision and a
location map, to the department of transportation. The department shall, within fourteen days after receiving the notice,
submit to the responsible administrator who furnished the
notice a statement with any information that the department
deems to be relevant about the effect of the proposed short
subdivision upon the legal access to the state highway, the
traffic carrying capacity of the state highway and the safety of
the users of the state highway. [1984 c 47 § 1.]
58.17.160
58.17.160 Requirements for each plat or replat filed
for record. Each and every plat, or replat, of any property
filed for record shall:
(1) Contain a statement of approval from the city, town
or county licensed road engineer or by a licensed engineer
acting on behalf of the city, town or county as to the layout of
streets, alleys and other rights of way, design of bridges, sewage and water systems, and other structures;
(2) Be accompanied by a complete survey of the section
or sections in which the plat or replat is located made to surveying standards adopted by the division of engineering services of the department of natural resources pursuant to RCW
58.24.040.
(3) Be acknowledged by the person filing the plat before
the auditor of the county in which the land is located, or any
other officer who is authorized by law to take acknowledgment of deeds, and a certificate of said acknowledgment shall
be enclosed or annexed to such plat and recorded therewith.
(4) Contain a certification from the proper officer or
officers in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of
the date of certification have been duly paid, satisfied or discharged.
No engineer who is connected in any way with the subdividing and platting of the land for which subdivision
approval is sought, shall examine and approve such plats on
behalf of any city, town or county. [1985 c 99 § 1; 1969 ex.s.
c 271 § 16.]
58.17.165
58.17.165 Certificate giving description and statement of owners must accompany final plat—Dedication,
certificate requirements if plat contains—Waiver. Every
final plat or short plat of a subdivision or short subdivision
filed for record must contain a certificate giving a full and
correct description of the lands divided as they appear on the
plat or short plat, including a statement that the subdivision or
short subdivision has been made with the free consent and in
accordance with the desires of the owner or owners.
[Title 58 RCW—page 13]
58.17.170
Title 58 RCW: Boundaries and Plats
If the plat or short plat is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private as shown on the plat or short plat
and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent
land by the established construction, drainage and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public
by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat.
Every plat and short plat containing a dedication filed for
record must be accompanied by a title report confirming that
the title of the lands as described and shown on said plat is in
the name of the owners signing the certificate or instrument
of dedication.
An offer of dedication may include a waiver of right of
direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver
may be required by local authorities as a condition of
approval. Roads not dedicated to the public must be clearly
marked on the face of the plat. Any dedication, donation or
grant as shown on the face of the plat shall be considered to
all intents and purposes, as a quitclaim deed to the said donee
or donees, grantee or grantees for his, her or their use for the
purpose intended by the donors or grantors as aforesaid.
[1981 c 293 § 9; 1969 ex.s. c 271 § 30.]
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.170
58.17.170 Written approval of subdivision—Original
of final plat to be filed—Copies. When the legislative body
of the city, town or county finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said subdivision meets the
requirements of this chapter, other applicable state laws, and
any local ordinances adopted under this chapter which were
in effect at the time of preliminary plat approval, it shall suitably inscribe and execute its written approval on the face of
the plat. The original of said final plat shall be filed for record
with the county auditor. One reproducible copy shall be furnished to the city, town or county engineer. One paper copy
shall be filed with the county assessor. Paper copies shall be
provided to such other agencies as may be required by ordinance. Any lots in a final plat filed for record shall be a valid
land use notwithstanding any change in zoning laws for a
period of five years from the date of filing. A subdivision
shall be governed by the terms of approval of the final plat,
and the statutes, ordinances, and regulations in effect at the
time of approval under RCW 58.17.150 (1) and (3) for a
period of five years after final plat approval unless the legislative body finds that a change in conditions creates a serious
threat to the public health or safety in the subdivision. [1981
c 293 § 10; 1969 ex.s. c 271 § 17.]
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.180
58.17.180 Review of decision. Any decision approving
or disapproving any plat shall be reviewable under chapter
36.70C RCW. [1995 c 347 § 717; 1983 c 121 § 5; 1969 ex.s.
c 271 § 18.]
[Title 58 RCW—page 14]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
58.17.190
58.17.190 Approval of plat required before filing—
Procedure when unapproved plat filed. The county auditor shall refuse to accept any plat for filing until approval of
the plat has been given by the appropriate legislative body.
Should a plat or dedication be filed without such approval,
the prosecuting attorney of the county in which the plat is
filed shall apply for a writ of mandate in the name of and on
behalf of the legislative body required to approve same,
directing the auditor and assessor to remove from their files
or records the unapproved plat, or dedication of record.
[1969 ex.s. c 271 § 19.]
58.17.195
58.17.195 Approval of plat or short plat—Written
finding of conformity with applicable land use controls.
No plat or short plat may be approved unless the city, town,
or county makes a formal written finding of fact that the proposed subdivision or proposed short subdivision is in conformity with any applicable zoning ordinance or other land use
controls which may exist. [1981 c 293 § 14.]
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.200
58.17.200 Injunctive action to restrain subdivision,
sale, transfer of land where final plat not filed. Whenever
any parcel of land is divided into five or more lots, tracts, or
parcels of land and any person, firm or corporation or any
agent of any of them sells or transfers, or offers or advertises
for sale or transfer, any such lot, tract, or parcel without having a final plat of such subdivision filed for record, the prosecuting attorney shall commence an action to restrain and
enjoin further subdivisions or sales, or transfers, or offers of
sale or transfer and compel compliance with all provisions of
this chapter. The costs of such action shall be taxed against
the person, firm, corporation or agent selling or transferring
the property. [1969 ex.s. c 271 § 20.]
58.17.205
58.17.205 Agreements to transfer land conditioned
on final plat approval—Authorized. If performance of an
offer or agreement to sell, lease, or otherwise transfer a lot,
tract, or parcel of land following preliminary plat approval is
expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under this chapter, the offer or
agreement is not subject to RCW 58.17.200 or 58.17.300 and
does not violate any provision of this chapter. All payments
on account of an offer or agreement conditioned as provided
in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be
permitted until the final plat is recorded. [1981 c 293 § 12.]
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.210
58.17.210 Building, septic tank or other development
permits not to be issued for land divided in violation of
chapter or regulations—Exceptions—Damages—Rescission by purchaser. No building permit, septic tank permit,
or other development permit, shall be issued for any lot, tract,
or parcel of land divided in violation of this chapter or local
regulations adopted pursuant thereto unless the authority
authorized to issue such permit finds that the public interest
(2006 Ed.)
Plats—Subdivisions—Dedications
will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser
for value without actual notice. All purchasers’ or transferees’ property shall comply with provisions of this chapter and
each purchaser or transferee may recover his damages from
any person, firm, corporation, or agent selling or transferring
land in violation of this chapter or local regulations adopted
pursuant thereto, including any amount reasonably spent as a
result of inability to obtain any development permit and spent
to conform to the requirements of this chapter as well as cost
of investigation, suit, and reasonable attorneys’ fees occasioned thereby. Such purchaser or transferee may as an alternative to conforming his property to these requirements,
rescind the sale or transfer and recover costs of investigation,
suit, and reasonable attorneys’ fees occasioned thereby.
[1974 ex.s. c 134 § 10; 1969 ex.s. c 271 § 21.]
58.17.212
58.17.212 Vacation of subdivision—Procedure.
Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall file an application for
vacation with the legislative authority of the city, town, or
county in which the subdivision is located. The application
shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision
is subject to restrictive covenants which were filed at the time
of the approval of the subdivision, and the application for
vacation would result in the violation of a covenant, the
application shall contain an agreement signed by all parties
subject to the covenants providing that the parties agree to
terminate or alter the relevant covenants to accomplish the
purpose of the vacation of the subdivision or portion thereof.
When the vacation application is specifically for a
county road or city or town street, the procedures for road
vacation or street vacation in chapter 36.87 or 35.79 RCW
shall be utilized for the road or street vacation. When the
application is for the vacation of the plat together with the
roads and/or streets, the procedure for vacation in this section
shall be used, but vacations of streets may not be made that
are prohibited under *RCW 35.79.030, and vacations of
roads may not be made that are prohibited under RCW
36.87.130.
The legislative authority of the city, town, or county
shall give notice as provided in RCW 58.17.080 and
58.17.090 and shall conduct a public hearing on the application for a vacation and may approve or deny the application
for vacation of the subdivision after determining the public
use and interest to be served by the vacation of the subdivision. If any portion of the land contained in the subdivision
was dedicated to the public for public use or benefit, such
land, if not deeded to the city, town, or county, shall be
deeded to the city, town, or county unless the legislative
authority shall set forth findings that the public use would not
be served in retaining title to those lands.
Title to the vacated property shall vest with the rightful
owner as shown in the county records. If the vacated land is
land that was dedicated to the public, for public use other than
a road or street, and the legislative authority has found that
retaining title to the land is not in the public interest, title
thereto shall vest with the person or persons owning the prop(2006 Ed.)
58.17.217
erty on each side thereof, as determined by the legislative
authority. When the road or street that is to be vacated was
contained wholly within the subdivision and is part of the
boundary of the subdivision, title to the vacated road or street
shall vest with the owner or owners of property contained
within the vacated subdivision.
This section shall not be construed as applying to the
vacation of any plat of state-granted tide or shore lands.
[1987 c 354 § 3.]
*Reviser’s note: After amendment by 1987 c 228 § 1, RCW 35.79.030
no longer prohibited vacations of streets. Limitations on vacations of streets
abutting bodies of water are now found in RCW 35.79.035.
58.17.215
58.17.215 Alteration of subdivision—Procedure.
When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in RCW 58.17.040(6), that person shall submit an
application to request the alteration to the legislative authority of the city, town, or county where the subdivision is
located. The application shall contain the signatures of the
majority of those persons having an ownership interest of
lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to
restrictive covenants which were filed at the time of the
approval of the subdivision, and the application for alteration
would result in the violation of a covenant, the application
shall contain an agreement signed by all parties subject to the
covenants providing that the parties agree to terminate or
alter the relevant covenants to accomplish the purpose of the
alteration of the subdivision or portion thereof.
Upon receipt of an application for alteration, the legislative body shall provide notice of the application to all owners
of property within the subdivision, and as provided for in
RCW 58.17.080 and 58.17.090. The notice shall either establish a date for a public hearing or provide that a hearing may
be requested by a person receiving notice within fourteen
days of receipt of the notice.
The legislative body shall determine the public use and
interest in the proposed alteration and may deny or approve
the application for alteration. If any land within the alteration
is part of an assessment district, any outstanding assessments
shall be equitably divided and levied against the remaining
lots, parcels, or tracts, or be levied equitably on the lots
resulting from the alteration. If any land within the alteration
contains a dedication to the general use of persons residing
within the subdivision, such land may be altered and divided
equitably between the adjacent properties.
After approval of the alteration, the legislative body shall
order the applicant to produce a revised drawing of the
approved alteration of the final plat or short plat, which after
signature of the legislative authority, shall be filed with the
county auditor to become the lawful plat of the property.
This section shall not be construed as applying to the
alteration or replatting of any plat of state-granted tide or
shore lands. [1987 c 354 § 4.]
58.17.217
58.17.217 Alteration or vacation of subdivision—
Conduct of hearing. Any hearing required by RCW
58.17.212, 58.17.215, or 58.17.060 may be administered by a
hearings examiner as provided in RCW 58.17.330. [1987 c
354 § 7.]
[Title 58 RCW—page 15]
58.17.218
Title 58 RCW: Boundaries and Plats
58.17.218
58.17.218 Alteration of subdivision—Easements by
dedication. The alteration of a subdivision is subject to
RCW 64.04.175. [1991 c 132 § 2.]
58.17.220
58.17.220 Violation of court order or injunction—
Penalty. Any person who violates any court order or injunction issued pursuant to this chapter shall be subject to a fine
of not more than five thousand dollars or imprisonment for
not more than ninety days or both. [1969 ex.s. c 271 § 22.]
58.17.225
58.17.225 Easement over public open space—May be
exempt from RCW 58.17.215—Hearing—Notice. The
granting of an easement for ingress and egress or utilities
over public property that is held as open space pursuant to a
subdivision or plat, where the open space is already used as a
utility right of way or corridor, where other access is not feasible, and where the granting of the easement will not impair
public access or authorize construction of physical barriers of
any type, may be authorized and exempted from the requirements of RCW 58.17.215 by the county, city, or town legislative authority following a public hearing with notice to the
property owners in the affected plat. [1995 c 32 § 1.]
58.17.230
58.17.230 Assurance of discontinuance of violations.
In the enforcement of this chapter, the prosecuting attorney
may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person
engaging in, or who has engaged in such act or practice. Any
such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in
which the alleged violation occurs. A violation of such assurance shall constitute prima facie proof of a violation of this
chapter. [1969 ex.s. c 271 § 23.]
58.17.240
58.17.240 Permanent control monuments. Except for
subdivisions excluded under the provisions of RCW
58.17.040, as now or hereafter amended, permanent control
monuments shall be established at each and every controlling
corner on the boundaries of the parcel of land being subdivided. The local authority shall determine the number and
location of permanent control monuments within the plat, if
any. [1974 ex.s. c 134 § 11; 1969 ex.s. c 271 § 24.]
58.17.250
58.17.250 Survey of subdivision and preparation of
plat. The survey of the proposed subdivision and preparation
of the plat shall be made by or under the supervision of a registered land surveyor who shall certify on the plat that it is a
true and correct representation of the lands actually surveyed.
[1969 ex.s. c 271 § 26.]
58.17.260
58.17.260 Joint committee—Members—Recommendations for surveys, monumentation and plat drawings.
In order that there be a degree of uniformity of survey monumentation throughout the cities, towns and counties of the
state of Washington, there is hereby created a joint committee
composed of six members to be appointed as follows: The
Washington state association of counties shall appoint two
county road engineers; the association of Washington cities
shall appoint two city engineers; the land surveyors association of Washington shall appoint one member; and the consulting engineers association of Washington shall appoint
one member. The joint committee is directed to cooperate
with the department of natural resources to establish recommendations pertaining to requirements of survey, monumentation and plat drawings for subdivisions and dedications
throughout the state of Washington. The department of natural resources shall publish such recommendation. [1971 ex.s.
c 85 § 9; 1969 ex.s. c 271 § 27.]
58.17.275
58.17.275 Proposals to adopt, amend, or repeal local
ordinances—Advance notice. All cities, towns, and counties shall establish procedures to provide reasonable advance
notice of proposals to adopt, amend, or repeal local ordinances adopted in accordance with this chapter. These procedures shall include but not be limited to advance notice to
individuals or organizations which have submitted requests
for notice. Reasonable fees may be charged to defray the
costs of providing notice. [1981 c 293 § 13.]
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.280
58.17.280 Naming and numbering of short subdivisions, subdivisions, streets, lots and blocks. Any city, town
or county shall, by ordinance, regulate the procedure
whereby short subdivisions, subdivisions, streets, lots and
blocks are named and numbered. A lot numbering system and
a house address system, however, shall be provided by the
municipality for short subdivisions and subdivisions and
must be clearly shown on the short plat or final plat at the
time of approval. [1993 c 486 § 1; 1969 ex.s. c 271 § 29.]
58.17.290
58.17.290 Copy of plat as evidence. A copy of any plat
recorded in the manner provided in this chapter and certified
by the county auditor of the county in which the same is
recorded to be a true copy of such record and the whole
thereof, shall be received in evidence in all the courts of this
state, with like effect as the original. [1969 ex.s. c 271 § 31.]
58.17.300
58.17.255
58.17.255 Survey discrepancy—Disclosure. Whenever a survey of a proposed subdivision or short subdivision
reveals a discrepancy, the discrepancy shall be noted on the
face of the final plat or short plat. Any discrepancy shall be
disclosed in a title report prepared by a title insurer and issued
after the filing of the final plat or short plat. As used in this
section, "discrepancy" means: (1) A boundary hiatus; (2) an
overlapping boundary; or (3) a physical appurtenance, which
indicates encroachment, lines of possession, or conflict of
title. [1987 c 354 § 6.]
[Title 58 RCW—page 16]
58.17.300 Violations—Penalties. Any person, firm,
corporation, or association or any agent of any person, firm,
corporation, or association who violates any provision of this
chapter or any local regulations adopted pursuant thereto
relating to the sale, offer for sale, lease, or transfer of any lot,
tract or parcel of land, shall be guilty of a gross misdemeanor
and each sale, offer for sale, lease or transfer of each separate
lot, tract, or parcel of land in violation of any provision of this
chapter or any local regulation adopted pursuant thereto, shall
be deemed a separate and distinct offense. [1969 ex.s. c 271
§ 32.]
(2006 Ed.)
Assessor’s Plats
58.17.310
58.17.310 Approval of plat within irrigation district
without provision for irrigation prohibited. In addition to
any other requirements imposed by the provisions of this
chapter, the legislative authority of any city, town, or county
shall not approve a short plat or final plat, as defined in RCW
58.17.020, for any subdivision, short subdivision, lot, tract,
parcel, or site which lies in whole or in part in an irrigation
district organized pursuant to chapter 87.03 RCW unless
there has been provided an irrigation water right of way for
each parcel of land in such district. In addition, if the subdivision, short subdivision, lot, tract, parcel, or site lies within
land within the district classified as irrigable, completed irrigation water distribution facilities for such land may be
required by the irrigation district by resolution, bylaw, or rule
of general applicability as a condition for approval of the
short plat or final plat by the legislative authority of the city,
town, or county. Rights of way shall be evidenced by the
respective plats submitted for final approval to the appropriate legislative authority. In addition, if the subdivision, short
subdivision, lot, tract, parcel, or site to be platted is wholly or
partially within an irrigation district of two hundred thousand
acres or more and has been previously platted by the United
States bureau of reclamation as a farm unit in the district, the
legislative authority shall not approve for such land a short
plat or final plat as defined in RCW 58.17.020 without the
approval of the irrigation district and the administrator or
manager of the project of the bureau of reclamation, or its
successor agency, within which that district lies. Compliance
with the requirements of this section together with all other
applicable provisions of this chapter shall be a prerequisite,
within the expressed purpose of this chapter, to any sale,
lease, or development of land in this state. [1990 c 194 § 1;
1986 c 39 § 1; 1985 c 160 § 1; 1973 c 150 § 2.]
58.18.010
(c) The decision may be given the effect of a final decision of the legislative body.
The legislative authority shall prescribe procedures to be
followed by a hearing examiner.
(2) Each final decision of a hearing examiner shall be in
writing and shall include findings and conclusions, based on
the record, to support the decision. Each final decision of a
hearing examiner, unless a longer period is mutually agreed
to by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all
testimony and hearings. [1995 c 347 § 429; 1994 c 257 § 6;
1977 ex.s. c 213 § 4.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
Severability—1977 ex.s. c 213: See note following RCW 35.63.130.
58.17.900
58.17.900 Validation of existing ordinances and resolutions. All ordinances and resolutions enacted at a time
prior to the passage of this chapter by the legislative bodies of
cities, towns, and counties and which are in substantial compliance with the provisions of this chapter, shall be construed
as valid and may be further amended to include new provisions and standards as are authorized in general law. [1969
ex.s. c 271 § 33.]
58.17.910
58.17.910 Severability—1969 ex.s. c 271. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of this chapter, or
the application of the provision to other persons or circumstances is not affected. [1969 ex.s. c 271 § 35.]
58.17.920
58.17.320
58.17.320 Compliance with chapter and local regulations—Enforcement. Whenever land within a subdivision
granted final approval is used in a manner or for a purpose
which violates any provision of this chapter, any provision of
the local subdivision regulations, or any term or condition of
plat approval prescribed for the plat by the local government,
then the prosecuting attorney, or the attorney general if the
prosecuting attorney shall fail to act, may commence an
action to restrain and enjoin such use and compel compliance
with the provisions of this chapter or the local regulations, or
with such terms or conditions. The costs of such action may
be taxed against the violator. [1974 ex.s. c 134 § 13.]
58.17.920 Effective date and application of 1974 ex.s.
c 134. (1) The provisions of *this 1974 amendatory act shall
become effective July 1, 1974.
(2) The provisions of *this 1974 amendatory act shall not
apply to any plat which has been granted preliminary
approval prior to July 1, 1974, but shall apply to any proposed plat granted preliminary approval on or after July 1,
1974. [1974 ex.s. c 134 § 14.]
*Reviser’s note: For codification of "this 1974 amendatory act" [1974
ex.s. c 134], see Codification Tables, Volume 0.
Chapter 58.18
Chapter 58.18 RCW
ASSESSOR’S PLATS
58.17.330
58.17.330 Hearing examiner system—Adoption
authorized—Procedures—Decisions. (1) As an alternative
to those provisions of this chapter requiring a planning commission to hear and issue recommendations for plat approval,
the county or city legislative body may adopt a hearing examiner system and shall specify by ordinance the legal effect of
the decisions made by the examiner. The legal effect of such
decisions shall include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative body;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the
legislative body; or
(2006 Ed.)
Sections
58.18.010
Assessor’s plat—Requisites, filing, index, etc.—When official
plat.
58.18.010
58.18.010 Assessor’s plat—Requisites, filing, index,
etc.—When official plat. In any county where an assessor
has and maintains an adequate set of maps drawn from surveys at a scale of not less than two hundred feet to the inch,
the assessor may with the permission of the county commissioners, file an assessor’s plat of the area, which when filed
shall become the official plat for all legal purposes, provided:
(1) The plat is filed in the offices of the county auditor
and the county assessor, together with a list of the existing
[Title 58 RCW—page 17]
Chapter 58.19
Title 58 RCW: Boundaries and Plats
legal descriptions and a list of the new legal descriptions as
assigned by the county assessor;
(2) The recorded plat is drawn in such a manner that a
ready reference can be made to the legal description in existence prior to the time of the filing of the assessor’s plat and in
conformance with existing statutes;
(3) The first year the tax roll and tax statement shall contain the prior legal description and the new legal description
as assigned and shown on the assessor’s plat with a notation
that this legal description shall be used for all purposes;
(4) The county assessor shall maintain an index for reference to the prior and the existing legal descriptions of the parcels contained in the assessor’s plats;
(5) Each dedicated plat after June 7, 1961, shall be submitted to the county assessor of the county wherein the plat is
located, for the sole purpose of assignment of parcel, tract,
block and or lot numbers and the county auditor shall not
accept any such plat for filing unless the said plat carries a
signed affidavit from the assessor to this effect, and a statement to the effect that the name of the plat shall be number
. . . . in the county of . . . . . . [1961 c 262 § 1.]
Chapter 58.19
Chapter 58.19 RCW
LAND DEVELOPMENT ACT
Sections
58.19.010
58.19.020
58.19.030
58.19.045
58.19.055
58.19.120
58.19.130
58.19.140
58.19.180
58.19.185
58.19.190
58.19.265
58.19.270
58.19.280
58.19.300
58.19.920
58.19.940
58.19.950
58.19.951
Purpose.
Definitions.
Exemptions from chapter.
Public offering statement—Developer’s duties—Purchaser’s
rights.
Public offering statement—Contents.
Report of changes required—Amendments.
Public offering statement form—Type and style restriction.
Public offering statement—Promotional use, distribution
restriction—Holding out that state or employees, etc.,
approve development prohibited.
Unlawful to sell lots or parcels subject to blanket encumbrance
which does not provide purchaser can obtain clear title—
Alternatives.
Requiring purchaser to pay additional sum to construct, complete or maintain development.
Advertising—Materially false, misleading, or deceptive statements prohibited.
Violations—Remedies—Attorneys’ fees.
Violations deemed unfair practice subject to chapter 19.86
RCW.
Jurisdiction of superior courts.
Hazardous conditions—Notice.
Liberal construction.
Short title.
Severability—1973 1st ex.s. c 12.
Severability—1992 c 191.
Camping resort contracts—Nonapplicability of certain laws to: RCW
19.105.510.
Exemption of timeshares from chapter: RCW 64.36.290.
58.19.010
58.19.010 Purpose. The legislature finds and declares
that the sale and offering for sale of land or of interests in
associations which provide for the use or occupancy of land
touches and affects a great number of the citizens of this state
and that full and complete disclosure to prospective purchasers of pertinent information concerning land developments,
including any encumbrances or liens attached to the land and
the physical characteristics of the development is essential.
The legislature further finds and declares that delivery to prospective purchasers of a complete and accurate public offer[Title 58 RCW—page 18]
ing statement is necessary in order to adequately protect both
the economic and physical welfare of the citizens of this
state. It is the purpose of this chapter to provide for the reasonable regulation of the sale and offering for sale of any
interest in significant land developments within or without
the state of Washington, so that the prospective purchasers of
such interests might be provided with full, complete, and
accurate information of all pertinent circumstances affecting
their purchase. [1992 c 191 § 1; 1973 1st ex.s. c 12 § 1.]
58.19.020 Definitions. When used in this chapter,
unless the context otherwise requires:
(1) "Affiliate of a developer" means any person who
controls, is controlled by, or is under common control with a
developer.
(a) A person controls a developer if the person: (i) Is a
general partner, officer, director, or employer of the developer; (ii) directly or indirectly or acting in concert with one or
more other persons, or through one or more subsidiaries,
owns, controls, holds with power to vote, or holds proxies
representing, more than twenty percent of the voting interest
in the developer; (iii) controls in any manner the election of a
majority of the directors of the developer; or (iv) has contributed more than twenty percent of the capital of the developer.
(b) A person is controlled by a developer if the developer: (i) Is a general partner, officer, director, or employer of
the person; (ii) directly or indirectly or acting in concert with
one of [or] more other persons, or through one or more subsidiaries, owns, controls, holds with the power to vote, or
holds proxies representing, more than twenty percent of the
voting interest in the person; (iii) controls in any manner the
election of a majority of the directors of the person; or (iv)
has contributed more than twenty percent of the capital of the
person. Control does not exist if the powers described in this
subsection are held solely as security for an obligation and
are not exercised.
(2) "Blanket encumbrance" shall mean a trust deed,
mortgage, mechanic’s lien, or any other lien or encumbrance,
securing or evidencing the payment of money and affecting
the land to be developed or affecting more than one lot or parcel of developed land, or an agreement affecting more than
one such lot or parcel by which the developer holds said
development under option, contract, sale, or trust agreement.
The term shall not include taxes and assessments levied by a
public authority.
(3) "Common promotional plan" means an offering of
related developed lands in a common promotional plan of
disposition. Elements relevant to whether the related developed lands are being offered as part of a common promotional plan include but are not limited to: Whether purchasers
of interests in the offered land will share in the use of common amenities, or other rights or privileges; whether the
offered lands are known, designated, or advertised as a common unit or by a common name; whether a common broker
or sales personnel, common sales office or facilities, or common promotional methods are utilized; and whether crossreferrals of prospective purchasers between sales operations
is utilized.
(4) "Developer" means any owner of a development who
offers it for disposition, or the principal agent of an inactive
owner.
58.19.020
(2006 Ed.)
Land Development Act
(5) "Development" or "developed lands" means land
which is divided or is proposed to be divided for the purpose
of disposition into twenty-six or more lots, parcels, or units
(excluding interests in camping resorts regulated under chapter 19.105 RCW and interests in condominiums regulated
under chapter 64.34 RCW) or any other land whether contiguous or not, if twenty-six or more lots, parcels, units, or interests are offered as a part of a common promotional plan of
advertising and sale.
(6) "Disposition" includes any sale, lease, assignment, or
exchange of any interest in any real property which is a part
of or included within a development, and also includes the
offering of property as a prize or gift when a monetary charge
or consideration for whatever purpose is required in conjunction therewith, and any other transaction concerning a development if undertaken for gain or profit.
(7) "Foreclosure" means a forfeiture or judicial or nonjudicial foreclosure of a mortgage, deed of trust, or real estate
contract, or a deed in lieu thereof.
(8) "Improvements" include all existing, advertised, and
governmentally required facilities such as streets, water, electricity, natural gas, telephone lines, drainage control systems,
and sewage disposal systems.
(9) "Offer" includes every inducement, solicitation, or
media advertisement which has as a principal aim to encourage a person to acquire an interest in land.
(10) "Owners association" means any profit or nonprofit
corporation, unincorporated association, or other organization or legal entity, a membership or other interest in which is
appurtenant to or based upon owing an interest in a development.
(11) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust,
estate, trust, partnership, unincorporated association, two or
more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.
(12) "Physical hazard" means a physical condition which
poses, or may very likely pose, a material risk of either:
Material damage to the development and improvements
thereon; or material endangerment to the safety and health of
persons using the development and improvements thereon.
(13) "Purchaser" means a person who acquires or
attempts to acquire or succeeds to any interest in land.
(14) "Related developed lands" means two or more
developments which are owned by the same developer or an
affiliate or affiliates of that developer and which are physically located within the same five-mile radius area.
(15) "Residential buildings" shall mean premises that are
actually intended or used primarily for residential or recreational purposes by the purchasers. [1992 c 191 § 2; 1979 c
158 § 208; 1973 1st ex.s. c 12 § 2.]
58.19.030 Exemptions from chapter. (1) Unless the
method of disposition is adopted for the purpose of evasion of
this chapter, the provisions of this chapter shall not apply to
land and offers or dispositions:
(a) By a purchaser of developed lands for his or her own
account in a single or isolated transaction;
(b) If fewer than ten separate lots, parcels, units, or interests in developed lands are offered by a person in a period of
twelve months;
58.19.030
(2006 Ed.)
58.19.045
(c) If each lot offered in the development is five acres or
more;
(d) On which there is a residential, commercial, or industrial building, or as to which there is a legal obligation on the
part of the seller to construct such a building within two years
from date of disposition;
(e) To any person who acquires such lot, parcel, unit or
interest therein for the purpose of engaging in the business of
constructing residential, commercial, or industrial buildings
or for the purpose of resale or lease or other disposition of
such lots to persons engaged in such business or businesses;
(f) Any lot, parcel, unit or interest if the development is
located within an area incorporated prior to January 1, 1974;
(g) Pursuant to court order; or
(h) As cemetery lots or interests.
(2) Unless the method of disposition is adopted for the
purpose of evasion of this chapter, the provisions of this
chapter shall not apply to:
(a) Offers or dispositions of evidence of indebtedness
secured by a mortgage or deed of trust of real estate;
(b) Offers or dispositions of securities or units of interest
issued by a real estate investment trust regulated under any
state or federal statute;
(c) A development as to which the director has waived
the provisions of this chapter;
(d) Offers or dispositions of securities currently registered with the department of financial institutions;
(e) Offers or dispositions of any interest in oil, gas, or
other minerals or any royalty interest therein if the offers or
dispositions of such interests are regulated as securities by
the United States or by the department of financial institutions. [1994 c 92 § 504; 1979 c 158 § 209; 1973 1st ex.s. c 12
§ 3.]
58.19.045 Public offering statement—Developer’s
duties—Purchaser’s rights. (1) A developer shall prepare a
public offering statement conforming to the requirements of
RCW 58.19.055 unless the development or the transaction is
exempt under RCW 58.19.030.
(2) Any agent, attorney, or other person assisting the
developer in preparing the public offering statement may rely
upon information provided by the developer without independent investigation. The agent, attorney, or other person
shall not be liable for any material misrepresentation in or
omissions of material facts from the public offering statement
unless the person had actual knowledge of the misrepresentation or omission at the time the public offering statement was
prepared. The developer shall be liable for any misrepresentation contained in the public offering statement or for any
omission of material fact therefrom if the developer had
actual knowledge of the misrepresentation or omission or, in
the exercise of reasonable care, should have known of the
misrepresentation or omission.
(3) Unless the development or the transaction is exempt
under RCW 58.19.030, a developer shall provide a purchaser
of a lot, parcel, unit, or interest with a copy of the public
offering statement and all material amendments thereto
before conveyance of that lot, parcel, unit, or interest. Unless
a purchaser is given the public offering statement more than
two days before execution of a contract for the purchase of a
lot, parcel, unit, or interest, the purchaser, before conveyance,
58.19.045
[Title 58 RCW—page 19]
58.19.055
Title 58 RCW: Boundaries and Plats
shall have the right to cancel the contract within two days
after first receiving the public offering statement and, if necessary to have two days to review the public offering statement and cancel the contract, to extend the closing date for
conveyance to a date not more than two days after first
receiving the public offering statement. The purchaser shall
have no right to cancel the contract upon receipt of an amendment unless the purchaser would have that right under generally applicable legal principles. The two-day period shall not
include Saturdays, Sundays, or legal holidays.
(4) If a purchaser elects to cancel a contract pursuant to
subsection (3) of this section, the purchaser may do so by
hand-delivering notice thereof to the developer or by mailing
notice thereof by prepaid United States mail to the developer
for service of process. If cancellation is by mailing notice, the
date of the postmark on the mail shall be the official date of
cancellation. Cancellation is without penalty, and all payments made by the purchaser before cancellation shall be
refunded within thirty days from the date of cancellation.
(5) If a person required to deliver a public offering statement pursuant to subsection (1) of this section fails to provide
a purchaser to whom a lot, parcel, unit, or interest is conveyed
with that public offering statement and all material amendments thereto as required by subsection (3) of this section, the
purchaser is entitled to receive from that person an amount
equal to the actual damages suffered by the purchaser as a
result of the public offering statement not being delivered.
There shall be no liability for failure to deliver any amendment unless such failure would have entitled the purchaser
under generally applicable legal principles to cancel the contract for the purchase of the lot, parcel, unit, or interest had
the undisclosed information been evident to the purchaser
before the closing of the purchase.
(6) A purchaser may not rely on any representation or
express warranty unless it is contained in the public offering
statement or made in writing signed by the developer or
developer’s agent identified in the public offering statement.
[1992 c 191 § 4.]
58.19.055 Public offering statement—Contents. (1)
A public offering statement shall contain the following information:
(a) The name, and the address or approximate location,
of the development;
(b) The name and address of the developer;
(c) The name and address of the management company,
if any, for the development;
(d) The relationship of the management company to the
developer, if any;
(e) The nature of the interest being offered for sale;
(f) A brief description of the permitted uses and use
restrictions pertaining to the development and the purchaser’s
interest therein;
(g) The number of existing lots, parcels, units, or interests in the development and either the maximum number that
may be added to the development or the fact that such maximum number has not yet been determined;
(h) A list of the principal common amenities in the
development which materially affect the value of the development and those that will or may be added to the development;
58.19.055
[Title 58 RCW—page 20]
(i) The identification of any real property not in the
development, the owner of which has access to any of the
development, and a description of the terms of such access;
(j) The identification of any real property not in the
development to which owners in the development have
access and a description of the terms of such access;
(k) The status of construction of improvements in the
development, including either the estimated dates of completion if not completed or the fact that such estimated completion dates have not yet been determined; and the estimated
costs, if any, to be paid by the purchaser;
(l) The estimated current owners’ association expense, if
any, for which a purchaser would be liable;
(m) An estimate of any payment with respect to any
owners’ association expense for which the purchaser would
be liable at closing;
(n) The estimated current amount and purpose of any
fees not included in any owners’ association assessments and
charged by the developer or any owners’ association for the
use of any of the development or improvements thereto;
(o) Any assessments which have been agreed to or are
known to the developer and which, if not paid, may constitute
a lien against any portion of the development in favor of any
governmental agency;
(p) The identification of any parts of the development
which any purchaser will have the responsibility for maintaining;
(q) A brief description of any blanket encumbrance
which is subject to the provisions of RCW 58.19.180;
(r) A list of any physical hazards known to the developer
which particularly affect the development or the immediate
vicinity in which the development is located and which are
not readily ascertainable by the purchaser;
(s) A brief description of any construction warranties to
be provided to the purchaser;
(t) Any building code violation citations received by the
developer in connection with the development which have
not been corrected;
(u) A statement of any unsatisfied judgments or pending
suits against any owners’ association involved in the development and a statement of the status of any pending suits
material to the development of which the developer has
actual knowledge;
(v) A notice which describes a purchaser’s right to cancel the purchase agreement or extend the closing under RCW
58.19.045(3), including applicable time frames and procedures;
(w) A list of the documents which the prospective purchaser is entitled to receive from the developer before the
rescission period commences;
(x) A notice which states:
"A purchaser may not rely on any representation or
express warranty unless it is contained in the public offering
statement or made in writing signed by the developer or by
any person identified in the public offering statement as the
declarant’s agent";
(y) A notice which states:
"This public offering statement is only a summary of
some of the significant aspects of purchasing an interest in
(2006 Ed.)
Land Development Act
this development and any documents which may govern or
affect the development may be complex, may contain other
important information, and create binding legal obligations.
You should consider seeking assistance of legal counsel";
and
(z) Any other information and cross-references which
the developer believes will be helpful in describing the development to the recipients of the public offering statement, all
of which may be included or not included at the option of the
developer.
(2) The public offering statement shall include copies of
each of the following documents: Any declaration of covenants, conditions, restrictions, and reservations affecting the
development; any survey, plat, or subdivision map; the articles of incorporation of any owners’ association; the bylaws
of any owners’ association; the rules and regulations, if any,
of any owners’ association; current or proposed budget for
any owners’ association; and the balance sheet of any owners’ association current within ninety days if assessments
have been collected for ninety days or more.
If any of the foregoing documents listed in this subsection are not available because they have not yet been executed, adopted, or recorded, drafts of such documents shall be
provided with the public offering statement, and, before closing the sale of an interest in the development, the purchaser
shall be given copies of any material changes between the
draft of the proposed documents and the final documents.
(3) The disclosures required by subsection (1)(v), (x),
and (y) of this section shall be located at the top of the first
page of the public offering statement and be typed or printed
in ten-point bold face type size. [1992 c 191 § 5.]
58.19.265
58.19.180 Unlawful to sell lots or parcels subject to
blanket encumbrance which does not provide purchaser
can obtain clear title—Alternatives. It shall be unlawful
for the developer to make a sale of lots or parcels within a
development which is subject to a blanket encumbrance
which does not contain, within its terms or by supplementary
agreement, a provision which shall unconditionally provide
that the purchaser of a lot or parcel encumbered thereby can
obtain the legal title, or other interest contracted for, free and
clear of the lien of such blanket encumbrance upon compliance with the terms and conditions of the purchase agreement, unless the developer shall elect and comply with one of
the following alternative conditions:
(1) The developer shall deposit earnest moneys and all
subsequent payments on the obligation in a neutral escrow
depository, or real estate trust account regulated under RCW
18.85.310, until such time as all payments on the obligation
have been made and clear title is delivered, or any of the following occurs:
(a) A proper release is obtained from such blanket
encumbrance;
(b) Either the developer or the purchaser defaults under
the sales contract and there is a forfeiture of the interest of the
purchaser or there is a determination as to the disposition of
such moneys, as the case may be; or
(c) The developer orders a return of such moneys to such
purchaser.
(2) The title to the development is held in trust under an
agreement of trust until the proper release of such blanket
encumbrance is obtained.
(3) The purchaser shall receive title insurance from a
licensed title insurance company against such blanket encumbrance. [1992 c 191 § 7; 1973 1st ex.s. c 12 § 18.]
58.19.180
58.19.120
58.19.120 Report of changes required—Amendments. The developer shall immediately amend the public
offering statement to include any material changes affecting
the development. No change in the substance of the promotional plan or plan of disposition or completion of the development may be made without first making an appropriate
amendment of the public offering statement. A public offering statement is not current unless it incorporates all amendments. [1992 c 191 § 6; 1973 1st ex.s. c 12 § 12.]
58.19.130
58.19.130 Public offering statement form—Type and
style restriction. No portion of the public offering statement
form may be underscored, italicized, or printed in larger or
heavier or different color type than the remainder of the statement unless the director so requires. [1973 1st ex.s. c 12 §
13.]
58.19.140
58.19.140 Public offering statement—Promotional
use, distribution restriction—Holding out that state or
employees, etc., approve development prohibited. The
public offering statement shall not be used for any promotional purposes. It may not be distributed to prospective purchasers before registration of the development and may be
distributed afterwards only when it is used in its entirety. No
person may advertise or represent that the state of Washington or the director, the department, or any employee thereof
approves or recommends the development or disposition
thereof. [1973 1st ex.s. c 12 § 14.]
(2006 Ed.)
58.19.185 Requiring purchaser to pay additional
sum to construct, complete or maintain development. It
shall be unlawful for the developer to sell a lot or parcel
within a development if the terms of the sale require that the
purchaser pay any sum in addition to the purchase price for
constructing, completing, or maintaining improvements to
the development unless the sums are to be paid directly to:
(1) A governmental agency;
(2) A person who is not affiliated with the developer, in
trust, and on terms acceptable to the director; or
(3) An association comprised solely of persons who have
purchased lots in the development, or their assignees.
The terms which require the payment of any additional
sum shall be set forth in the public offering statement. [1977
ex.s. c 252 § 1.]
58.19.185
58.19.190 Advertising—Materially false, misleading,
or deceptive statements prohibited. No person shall publish in this state any advertisement concerning a development
subject to the requirements of this chapter which contains any
statements that are materially false, misleading, or deceptive.
[1992 c 191 § 8; 1973 1st ex.s. c 12 § 19.]
58.19.190
58.19.265 Violations—Remedies—Attorneys’ fees. If
a developer, or any other person subject to this chapter, fails
to comply with any provision of this chapter, any person or
class of persons adversely affected by the failure to comply
58.19.265
[Title 58 RCW—page 21]
58.19.270
Title 58 RCW: Boundaries and Plats
may seek appropriate relief through an action for damages or
an injunctive court order. The court, in an appropriate case,
may award attorneys’ fees. [1992 c 191 § 9.]
58.19.940
58.19.940 Short title. This chapter may be cited as the
land development act. [1992 c 191 § 12; 1973 1st ex.s. c 12
§ 35.]
58.19.950
58.19.270
58.19.270 Violations deemed unfair practice subject
to chapter 19.86 RCW. (1) The commission by any person
of an act or practice prohibited by this chapter is hereby
declared to be a matter affecting the public interest for the
purpose of applying chapter 19.86 RCW and is not reasonable in relation to the development and preservation of business. A violation of this chapter constitutes an unfair or
deceptive act or practice or unfair method of competition in
the conduct of trade or commerce for the purpose of the attorney general bringing an action in the name of the state under
the consumer protection act, pursuant to RCW 19.86.080.
(2) Evidence concerning violations of this chapter may
be referred to the attorney general, who may, in his or her discretion, with or without such a reference, in addition to any
other action the attorney general might commence, bring an
action in the name of the state against any person to restrain
and prevent the doing of any act or practice prohibited by this
chapter. This chapter shall be considered in conjunction with
chapters 9.04 and 19.86 RCW, and the powers and duties of
the attorney general as such powers and duties appear in
chapters 9.04 and 19.86 RCW shall apply against all persons
subject to this chapter.
(3) Only the attorney general can bring an action under
the consumer protection act, chapter 19.86 RCW, pursuant to
this section. [1992 c 191 § 10; 1973 1st ex.s. c 12 § 27.]
58.19.280
58.19.280 Jurisdiction of superior courts. Dispositions of an interest in a development are subject to this chapter, and the superior courts of this state have jurisdiction in
claims or causes of action arising under this chapter, if:
(1) The interest in a development offered for disposition
is located in this state;
(2) The developer maintains an office in this state; or
(3) Any offer or disposition of an interest in a development is made in this state, whether or not the offeror or
offeree is then present in this state, if the offer originates
within this state or is directed by the offeror to a person or
place in this state and received by the person or at the place to
which it is directed. [1973 1st ex.s. c 12 § 28.]
58.19.300
58.19.300 Hazardous conditions—Notice. If, before
disposition of all or any portion of a development which is
covered by this chapter, a condition constituting a physical
hazard is discovered on or around the immediate vicinity of
the development, the developer or government agency discovering such condition shall notify the purchasers of the
affected lands either by transmitting notice through the
appropriate county assessor’s office or such other steps as
might reasonably give actual notice to the purchasers. [1992
c 191 § 11; 1973 1st ex.s. c 12 § 30.]
58.19.950 Severability—1973 1st ex.s. c 12. If any
provision of this 1973 act or the application thereof to any
person or circumstance is held invalid, the invalidity shall not
affect other provisions or applications of the act which can be
given effect without the invalid provisions or application, and
to this end the provisions of this 1973 act are severable.
[1973 1st ex.s. c 12 § 36.]
58.19.951
58.19.951 Severability—1992 c 191. If any provision
of this act or its application to any person or circumstances is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1992 c 191 § 14.]
Chapter 58.20 RCW
WASHINGTON COORDINATE SYSTEM
Chapter 58.20
Sections
58.20.110
58.20.120
58.20.130
58.20.140
58.20.150
58.20.160
58.20.170
58.20.180
58.20.190
58.20.200
58.20.210
58.20.220
58.20.901
Definitions.
System designation—Permitted uses.
Plane coordinates adopted—Zones.
Designation of system—Zones.
Designation of coordinates—"N" and "E."
Tract in both zones—Description.
Zones—Technical definitions.
Recording coordinates—Control stations.
Conversion of coordinates—Metric.
Term—Limited use.
United States survey prevails—Conflict.
Real estate transactions—Exemption.
Severability—1989 c 54.
58.20.110
58.20.110 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 58.20.110 through 58.20.220 and
58.20.901:
(1) "Committee" means the interagency federal geodetic
control committee or its successor;
(2) "GRS 80" means the geodetic reference system of
1980 as adopted in 1979 by the international union of geodesy and geophysics defined on an equipotential ellipsoid;
(3) "National geodetic survey" means the national ocean
service’s national geodetic survey of the national oceanic and
atmospheric administration, United States department of
commerce, or its successor;
(4) "Washington coordinate system of 1927" means the
system of plane coordinates in effect under this chapter until
July 1, 1990, which is based on the North American datum of
1927 as determined by the national geodetic survey of the
United States department of commerce;
(5) "Washington coordinate system of 1983" means the
system of plane coordinates under this chapter based on the
North American datum of 1983 as determined by the national
geodetic survey of the United States department of commerce. [1989 c 54 § 9.]
58.19.920
58.19.920 Liberal construction. The provisions of this
chapter shall be construed liberally so as to give effect to the
purposes stated in RCW 58.19.010. [1973 1st ex.s. c 12 §
33.]
[Title 58 RCW—page 22]
58.20.120
58.20.120 System designation—Permitted uses. Until
July 1, 1990, the Washington coordinate system of 1927, or
its successor, the Washington coordinate system of 1983,
(2006 Ed.)
Washington Coordinate System
may be used in Washington for expressing positions or locations of points on the surface of the earth. On and after that
date, the Washington coordinate system of 1983 shall be the
designated coordinate system in Washington. The Washington coordinate system of 1927 may be used only for purposes
of reference after June 30, 1990. [1989 c 54 § 10.]
58.20.130
58.20.130 Plane coordinates adopted—Zones. The
system of plane coordinates which has been established by
the national geodetic survey for defining and stating the positions or locations of points on the surface of the earth within
the state of Washington is designated as the "Washington
coordinate system of 1983."
For the purposes of this system the state is divided into a
"north zone" and a "south zone."
The area now included in the following counties shall
constitute the north zone: Chelan, Clallam, Douglas, Ferry,
Island, Jefferson, King, Kitsap, Lincoln, Okanogan, Pend
Oreille, San Juan, Skagit, Snohomish, Spokane, Stevens,
Whatcom, and that part of Grant lying north of parallel 47°
30’ north latitude.
The area now included in the following counties shall
constitute the south zone: Adams, Asotin, Benton, Clark,
Columbia, Cowlitz, Franklin, Garfield, that part of Grant
lying south of parallel 47° 30’ north latitude, Grays Harbor,
Kittitas, Klickitat, Lewis, Mason, Pacific, Pierce, Skamania,
Thurston, Wahkiakum, Walla Walla, Whitman and Yakima.
[1989 c 54 § 11.]
58.20.140
58.20.140 Designation of system—Zones. As established for use in the north zone, the Washington coordinate
system of 1983 shall be named, and in any land description in
which it is used it shall be designated, the "Washington coordinate system of 1983, north zone."
As established for use in the south zone, the Washington
coordinate system of 1983 shall be named, and in any land
description in which it is used it shall be designated, the
"Washington coordinate system of 1983, south zone." [1989
c 54 § 12.]
58.20.150
58.20.150 Designation of coordinates—"N" and "E."
"N" and "E" shall be used in labeling coordinates of a point
on the earth’s surface and in expressing the position or location of such point relative to the origin of the appropriate
zone of this system, expressed in meters and decimals of a
meter. These coordinates shall be made to depend upon and
conform to the coordinates, on the Washington coordinate
system of 1983, of the horizontal control stations of the
national geodetic survey within the state of Washington, as
those coordinates have been determined, accepted, or
adjusted by the survey. [1989 c 54 § 13.]
58.20.160
58.20.160 Tract in both zones—Description. When
any tract of land to be defined by a single description extends
from one into the other of the coordinate zones under RCW
58.20.130, the positions of all points on its boundaries may
be referred to either of the zones, the zone which is used
being specifically named in the description. [1989 c 54 § 14.]
(2006 Ed.)
58.20.200
58.20.170
58.20.170 Zones—Technical definitions. For purposes of more precisely defining the Washington coordinate
system of 1983, the following definition by the national geodetic survey is adopted:
The Washington coordinate system of 1983, north zone,
is a Lambert conformal conic projection of the GRS 80 spheroid, having standard parallels at north latitudes 47° 30’ and
48° 44’, along which parallels the scale shall be exact. The
origin of coordinates is at the intersection of the meridian
120° 50’ west of Greenwich and the parallel 47° 00’ north latitude. This origin is given the coordinates: E = 500,000
meters and N = 0 meters.
The Washington coordinate system of 1983, south zone,
is a Lambert conformal conic projection of the GRS 80 spheroid, having standard parallels at north latitudes 45° 50’ and
47° 20’, along which parallels the scale shall be exact. The
origin of coordinates is at the intersection of the meridian
120° 30’ west of Greenwich and the parallel 45° 20’ north latitude. This origin is given the coordinates: E = 500,000
meters and N = 0 meters. [1989 c 54 § 15.]
58.20.180
58.20.180 Recording coordinates—Control stations.
Coordinates based on the Washington coordinate system of
1983, purporting to define the position of a point on a land
boundary, may be presented to be recorded in any public land
records or deed records if the survey method used for the
determination of these coordinates is established in conformity with standards and specifications prescribed by the
interagency federal geodetic control committee, or its successor. These surveys shall be connected to monumented control
stations that are adjusted to and published in the national network of geodetic control by the national geodetic survey and
such connected horizontal control stations shall be described
in the land or deed record. Standards and specifications of the
committee in force on the date of the survey shall apply. In all
instances where reference has been made to such coordinates
in land surveys or deeds, the scale and sea level factors shall
be stated for the survey lines used in computing ground distances and areas.
The position of the Washington coordinate system of
1983 shall be marked on the ground by horizontal geodetic
control stations which have been established in conformity
with the survey standards adopted by the committee and
whose geodetic positions have been rigorously adjusted on
the North American datum of 1983, and whose coordinates
have been computed and published on the system defined in
RCW 58.20.110 through 58.20.220 and 58.20.901. Any such
control station may be used to establish a survey connection
with the Washington coordinate system of 1983. [1989 c 54
§ 16.]
58.20.190
58.20.190 Conversion of coordinates—Metric. Any
conversion of coordinates between the meter and the United
States survey foot shall be based upon the length of the meter
being equal to exactly 39.37 inches. [1989 c 54 § 17.]
58.20.200
58.20.200 Term—Limited use. The use of the term
"Washington coordinate system of 1983" on any map, report
of survey, or other document, shall be limited to coordinates
[Title 58 RCW—page 23]
58.20.210
Title 58 RCW: Boundaries and Plats
based on the Washington coordinate system of 1983 as
defined in this chapter. [1989 c 54 § 18.]
58.20.210
58.20.210 United States survey prevails—Conflict.
Whenever coordinates based on the Washington coordinate
system of 1983 are used to describe any tract of land which in
the same document is also described by reference to any subdivision, line or corner of the United States public land surveys, the description by coordinates shall be construed as
supplemental to the basic description of such subdivision,
line, or corner contained in the official plats and field notes
filed of record, and in the event of any conflict the description
by reference to the subdivision, line, or corner of the United
States public land surveys shall prevail over the description
by coordinates. [1989 c 54 § 19.]
58.20.220
58.20.220 Real estate transactions—Exemption.
Nothing contained in this chapter shall require any purchaser
or mortgagee to rely on a description, any part of which
depends exclusively upon the Washington coordinate system
of 1927 or 1983. [1989 c 54 § 20.]
58.20.901
58.20.901 Severability—1989 c 54. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 54 § 21.]
Chapter 58.22
Chapter 58.22 RCW
STATE BASE MAPPING SYSTEM
Sections
58.22.010
58.22.020
58.22.030
58.22.040
58.22.050
(1) A series of fifteen minute United States geological
survey quadrangle map separates at a scale of one to 48,000
(one inch equals 4,000 feet) covering the entire state;
(2) A series of seven and one-half minute United States
geological survey quadrangle map separates at a scale of one
to 24,000 (one inch equals 2,000 feet) for urban areas; including but not limited to those identified as urban by the state
department of transportation for the United States department
of transportation.
All features and symbols added to the quadrangle separates shall meet as nearly as is practical national map accuracy standards and specifications as defined by the United
States geological survey for their fifteen minute and seven
and one-half minute quadrangle map separates.
Each quadrangle shall be revised by the department of
natural resources as necessary to reflect current conditions.
[1984 c 7 § 367; 1973 1st ex.s. c 159 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
58.22.030
58.22.030 United States geological survey quadrangle map separates—Acquisition by state agencies. Any
state agency purchasing or acquiring United States geological
survey quadrangle map separates shall do so through the
department of natural resources. [1973 1st ex.s. c 159 § 3.]
58.22.040
58.22.040 United States geological survey quadrangle map separates—State depository. The department of
natural resources shall be the primary depository of all
United States geological survey quadrangle map separates for
state agencies: PROVIDED, That any state agency may
maintain duplicate copies. [1973 1st ex.s. c 159 § 4.]
58.22.050
Legislative intent.
Establishment and maintenance—Standards.
United States geological survey quadrangle map separates—
Acquisition by state agencies.
United States geological survey quadrangle map separates—
State depository.
Availability of map separates—Powers and duties of department.
Surveys and maps account established for purposes of chapter 58.22 RCW:
RCW 58.24.060.
58.22.010
58.22.010 Legislative intent. It is the intent of the legislature to establish a coordinated system of state base maps
to assist all levels of government to more effectively provide
the information to meet their responsibilities for resource
planning and management.
It is further the legislature’s intent to eliminate duplication, to insure compatibility, and to create coordination
through a uniform base which all agencies will use.
It is in the interest of all citizens in the state of Washington that a state base mapping system be established to make
essential base maps available at cost to all users, both public
and private. [1973 1st ex.s. c 159 § 1.]
58.22.050 Availability of map separates—Powers
and duties of department. (1) All United States geological
survey quadrangle map separates shall be available at cost to
all state agencies, local agencies, the federal government, and
any private individual or company through duplication and
purchase.
The department shall coordinate all requests for the use
of United States geological survey quadrangle map separates
and shall provide advice on how to best use the system.
(2) The department shall maintain a catalogue showing
all United States geological survey quadrangle map separates
available. The department shall also catalogue information
describing additional separates or products created by users.
Copies of maps made for any state or local agency shall be
available to any other state or local agency. [1973 1st ex.s. c
159 § 5.]
Chapter 58.24 RCW
STATE AGENCY FOR SURVEYS AND MAPS—FEES
Chapter 58.24
Sections
58.24.010
58.24.020
58.24.030
58.22.020
58.22.020 Establishment and maintenance—Standards. The department of natural resources shall establish
and maintain a state base mapping system. The standards for
the state base mapping system shall be:
[Title 58 RCW—page 24]
58.24.040
58.24.050
58.24.060
Declaration of necessity.
Official agency designated—Advisory board.
Official agency designated—Powers—Cooperate and
advise—Purposes.
Official agency designated—Powers—Standards, maps,
records, report, temporary removal of boundary marks or
monuments.
Employees—Licensed engineers or surveyors.
Surveys and maps account—Purposes.
(2006 Ed.)
State Agency for Surveys and Maps—Fees
58.24.070
Fees for filing and recording surveys, plats, or maps—Deposit
and use of fees.
Cemetery property—Surveys and maps, plats, etc.: Chapter 68.24 RCW.
Counties—Land surveys, record of surveys: RCW 36.32.370, 36.32.380.
Geological survey: Chapter 43.27A RCW.
Irrigation districts—Map of district: RCW 87.03.775.
Public lands—Maps and plats—Record and index—Public inspection: RCW
79.02.210.
Reclamation districts—Surveys, etc.: Chapter 89.30 RCW.
Regulation of public ground waters—Designating or modifying boundaries
of areas—Notice of hearing—Findings—Order: RCW 90.44.130.
Restoration of United States survey markers: RCW 47.36.010.
State highways and toll bridges
copy of map, plans, etc.—Fee: RCW 47.28.060.
maps, plans, etc.—Filing: RCW 47.28.040.
58.24.010
58.24.010 Declaration of necessity. It is the responsibility of the state to provide a means for the identification and
preservation of survey points for the description of common
land boundaries in the interest of the people of the state.
There is a necessity for the adoption and maintenance of a
system of permanent reference as to boundary monuments.
The department of natural resources shall be the recognized
agency for the establishment of this system. [1987 c 466 § 4;
1982 c 165 § 1; 1951 c 224 § 2.]
Severability—1951 c 224: "If any provision of this act shall be
declared invalid, such invalidity shall not affect any other portion of this act
which can be given effect without the invalid provision, and to this end the
provisions of this act are declared to be severable." [1951 c 224 § 7.]
58.24.020 Official agency designated—Advisory
board. The department of natural resources is designated as
the official agency for surveys and maps. The commissioner
of public lands shall appoint an advisory board of five members, the majority of whom shall be registered professional
engineers or land surveyors, who shall serve at the pleasure
of the commissioner. Members of the board shall serve without salary but are to receive travel expenses in accordance
with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended while actively engaged in the discharge of
their duties. [1987 c 466 § 5; 1982 c 165 § 2; 1975-’76 2nd
ex.s. c 34 § 152; 1951 c 224 § 3.]
58.24.020
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Severability—1951 c 224: See note following RCW 58.24.010.
Department of natural resources to exercise powers and duties of commissioner of public lands: RCW 43.30.411.
58.24.030
58.24.030 Official agency designated—Powers—
Cooperate and advise—Purposes. The commissioner of
public lands, the department of natural resources, and the
advisory board are authorized to cooperate and advise with
various departments and subdivisions of the state, counties,
municipalities, and registered engineers or land surveyors of
the state for the following purposes:
(1) The recovery of section corners or other land boundary marks;
(2) The monumentation of accepted section corners, and
other boundary and reference marks; said monumentation
shall be adequately connected to adjusted United States coast
and geodetic survey triangulation stations and the coordinates
of the monuments computed to conform with the Washington
(2006 Ed.)
58.24.040
coordinate system in accordance with the provisions of chapter 58.20 RCW, as derived from chapter 168, Laws of 1945;
(3) For facilitation and encouragement of the use of the
Washington state coordinate system; and
(4) For promotion of the use of the level net as established by the United States coast and geodetic survey. [1987
c 466 § 6; 1982 c 165 § 3; 1951 c 224 § 4.]
Severability—1951 c 224: See note following RCW 58.24.010.
58.24.040
58.24.040 Official agency designated—Powers—
Standards, maps, records, report, temporary removal of
boundary marks or monuments. The agency designated by
RCW 58.24.020 is further authorized to:
(1) Set up standards of accuracy and methods of procedure;
(2) Compile and publish maps and records from surveys
performed under the provisions of this chapter, and to maintain suitable indexes of surveys to prevent duplication of
effort and to cooperate with all agencies of local, state, and
federal government to this end;
(3) Compile and maintain records of all surveys performed under the provisions of this chapter, and assemble
and maintain records of all reliable survey monuments and
bench marks within the state;
(4) Collect and preserve information obtained from surveys locating and establishing land monuments and land
boundaries;
(5) Supervise the sale and distribution of cadastral and
geodetic survey data, and such related survey maps and publications as may come into the possession of the department
of natural resources. Revenue derived from the sale thereof
shall be deposited in the surveys and maps account in the
general fund;
(6) Supervise the sale and distribution of maps, map
data, photographs, and such publications as may come into
the possession of the department of natural resources.
(7) Submit, as part of the biennial report of the commissioner of public lands, a report of the accomplishments of the
agency;
(8) Permit the temporary removal or destruction of any
section corner or any other land boundary mark or monument
by any person, corporation, association, department, or subdivision of the state, county, or municipality as may be necessary or desirable to accommodate construction, mining,
and other development of any land: PROVIDED, That such
section corner or other land boundary mark or monument
shall be referenced to the Washington Coordinate System by
a registered professional engineer or land surveyor prior to
such removal or destruction, and shall be replaced or a suitable reference monument established by a registered professional engineer or land surveyor within a reasonable time
after completion of such construction, mining, or other development: AND PROVIDED FURTHER, That the department
of natural resources shall adopt and promulgate reasonable
rules and regulations under which the agency shall authorize
such temporary removal or destruction and require the
replacement of such section corner or other land boundary
marks or monuments. [1987 c 466 § 7; 1982 c 165 § 4; 1969
ex.s. c 271 § 25; 1951 c 224 § 6.]
Severability—1969 ex.s. c 271: See RCW 58.17.910.
[Title 58 RCW—page 25]
58.24.050
Title 58 RCW: Boundaries and Plats
Severability—1951 c 224: See note following RCW 58.24.010.
58.24.050
58.24.050 Employees—Licensed engineers or surveyors. All employees who are in responsible charge of
work under the provisions of this chapter shall be licensed
professional engineers or land surveyors. [1982 c 165 § 5;
1951 c 224 § 5.]
Severability—1951 c 224: See note following RCW 58.24.010.
58.28.170
58.28.180
58.28.190
58.28.200
58.28.201
58.28.202
58.28.203
58.28.204
UNINCORPORATED TOWNS ON UNITED STATES LAND
58.28.210
58.24.060
58.24.060 Surveys and maps account—Purposes.
There is created in the state treasury the surveys and maps
account which shall be a separate account consisting of funds
received or collected under chapters 58.22 and 58.24 RCW,
moneys appropriated to it by law. This account shall be used
exclusively by the department of natural resources for carrying out the purposes and provisions of chapters 58.22 and
58.24 RCW. Appropriations from the account shall be
expended for no other purposes. [1991 sp.s. c 13 § 14; 1987
c 466 § 8; 1985 c 57 § 65; 1983 c 272 § 1; 1982 c 165 § 6.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
58.24.070
58.24.070 Fees for filing and recording surveys, plats,
or maps—Deposit and use of fees. A fee set by the board of
natural resources shall be charged by each county auditor, in
addition to any other fees required by law, as a condition precedent to the filing and recording of any surveys, subdivision
plats, short plats, and condominium surveys, plats, or maps.
Such funds shall be forwarded monthly to the state treasurer
to be deposited in the surveys and maps account in the general fund. The fees shall be verified in the same manner as
other fees collected by the county auditor. Fees collected
under this section shall be expended by the department only
for the activities prescribed in this chapter. [1987 c 466 § 9;
1983 c 272 § 2; 1982 c 165 § 7.]
Condominium surveys and maps: RCW 64.32.100.
Plats and subdivisions: Chapter 58.17 RCW.
Chapter 58.28 RCW
TOWNSITES ON UNITED STATES LAND—
ACQUISITION OF LAND
Chapter 58.28
Sections
INCORPORATED TOWNS ON UNITED STATES LAND
58.28.010
58.28.020
58.28.030
58.28.040
58.28.050
58.28.060
58.28.070
58.28.080
58.28.090
58.28.100
58.28.110
58.28.120
58.28.130
58.28.140
58.28.150
58.28.160
Councils’ duties when townsites on United States land.
Councils’ duties when townsites on United States land—Survey and plat.
Councils’ duties when townsites on United States land—
Plats—Filing.
Councils’ duties when townsites on United States land—Survey, notice of—Bids for—Franchises continued.
Contents of plat.
Monuments—Location, placement requisites.
Monuments—Markings—Surveyor’s certificate on plat.
Plats filed—Auditor’s fee.
Assessments.
Notice of possession filed—Assessment and fee—Certificate—Council record.
Deficiency assessment—When payable.
Deed to claimants—Actions contesting title, limitations on.
Entries on mineral lands—Rights of claimants.
Conflicting claims—Procedure.
Notice of filing patent—Abandonment of claim.
Sale of unoccupied lots—Notice—Minimum price.
[Title 58 RCW—page 26]
Lands for school and municipal purposes—Funds.
Effect of informalities—Certificate or deed as prima facie evidence.
Corporate authorities to act promptly.
Proof requisite to delivery of deed.
Title to vacated lots by occupancy and improvements.
Controversies, by whom settled—Review.
Platted lands declared dedicated to public use.
Appeals—Procedure.
58.28.220
58.28.230
58.28.240
58.28.250
58.28.260
58.28.270
58.28.280
58.28.290
58.28.300
58.28.310
58.28.320
58.28.330
58.28.340
58.28.350
58.28.360
58.28.370
58.28.380
58.28.390
58.28.400
58.28.410
58.28.420
58.28.430
58.28.440
58.28.450
58.28.460
58.28.470
58.28.480
58.28.490
58.28.500
58.28.510
58.28.520
Unincorporated towns on United States land—Superior court
judge to file claim.
Petition to superior court judge—Contents—Procedure.
Survey and plat—Boundaries—Monuments.
Plats—Filing.
Survey, notice of—Bids for—Franchises continued.
Contents of plat.
Monuments—Location, placement requisites.
Monuments—Markings—Surveyor’s certificate on plat.
Plats filed—Auditor’s fee.
Assessments—Disposition—Employment of attorney authorized.
Notice of possession filed—Assessment and fee—Certificate—Judge’s record.
Deficiency assessment—When payable.
Deed to claimants—Actions contesting title, limitations on.
Entries on mineral lands—Rights of claimants.
Conflicting claims—Procedure.
Proof of right—Costs upon failure of both conflicting parties.
Notice of filing patent.
Abandonment of claim.
Sale of unoccupied lots—Notice—Minimum price.
Lands for school and public purposes—Expenses as charge
against fund.
Disposition of excess money—Special fund.
Effect of informalities—Certificate or deed as prima facie evidence.
Proof requisite to delivery of deed.
Platted lands declared dedicated to public use.
Clerk’s duties when judge trustee.
Accounting and depositing money—Promptness.
Records filed with county clerk.
Judge, a trustee for purposes herein.
Appellate review—Procedure.
Succession of trust.
Title to vacated lots by occupancy and improvements.
Controversies, by whom settled—Review.
INCORPORATED TOWNS ON UNITED STATES LAND
58.28.010 Councils’ duties when townsites on United
States land. It is the duty of the city or town council of any
city or town in this state situate upon public lands of the
United States or lands, the legal and equitable title to which is
in the United States of America, to enter at the proper land
office of the United States such quantity of land as the inhabitants of any incorporated city or town may be entitled to
claim, in the aggregate, according to their population, in the
manner required by the laws of the United States and the regulations prescribed by the secretary of the interior of the
United States, and by order entered upon their minutes and
proceedings, at a regular meeting, to authorize and direct the
mayor and clerk of such council, attested by the corporate
seal, to make and sign all necessary declaratory statements,
certificates, and affidavits, or other instruments requisite to
carry into effect the intentions of this chapter and the intentions of the act of congress of the United States entitled "An
act for the relief of the inhabitants of cities and towns upon
the public lands," approved March 2, 1867, and all acts of
congress amendatory thereof and supplemental thereto,
including section sixteen of an act of congress entitled "An
act to repeal timber culture laws and for other purposes,"
approved March 3, 1891, and to make proof, when required,
58.28.010
(2006 Ed.)
Townsites on United States Land—Acquisition of Land
of the facts necessary to establish the claim of such inhabitants to the lands so granted by said acts of congress, and file
in the proper United States land office a proper application in
writing describing the tracts of land on which such city or
town is situate, and make proof and payment for such tracts
of land in the manner required by law. [1909 c 231 § 1; RRS
§ 11485. Prior: 1888 c 124 pp 216-220.]
58.28.020
58.28.020 Councils’ duties when townsites on United
States land—Survey and plat. Said council must cause a
survey to be made by some competent person, of the lands
which the inhabitants of said city or town may be entitled to
claim under the said act of congress, located according to the
legal subdivisions of the sections and by the section lines of
the United States, and the same must be distinctly marked by
suitable monuments; such survey must further particularly
designate all streets, roads, lanes and alleys, public squares,
churches, school lots, cemeteries, commons and levees as the
same exist and have been heretofore dedicated in any manner
to public use, and by measurement the precise boundaries and
area of each, and every lot or parcel of land and premises
claimed by any person, corporations or associations within
said city or townsite must, as far as known by the surveyor, be
designated on the plat, showing the name or names of the
possessor or occupants and claimants, and in case of any disputed claim as to lots, lands, premises or boundaries the said
surveyor, if the same be demanded by any person, shall designate the lines in different color from the body of the plat of
such part of any premises so disputed or claimed adversely.
[1909 c 231 § 2; RRS § 11486. Prior: 1888 c 124 pp 216220.]
58.28.030
58.28.030 Councils’ duties when townsites on United
States land—Plats—Filing. A plat thereof must be made in
triplicate, on a scale of not less than eighty feet to one inch,
which must be duly certified under oath by the surveyor, one
of which must be filed with the county auditor of the county
wherein the city or town is situated, one must be deposited in
the proper United States land office, and one with the city or
town clerk. These plats shall be considered public records,
and each must be accompanied with a copy of the field notes,
and the county auditor must make a record of such plat in a
book to be kept by him for that purpose, and such county
auditor must file a copy of said field notes in his office. The
said surveyor must number the blocks as divided by the
roads, highways and streets opened and generally used, and
for which a public necessity exists at the time of making such
survey, and must number the several lots consecutively in
each block, and all other parcels of land within said town or
city surveyed as herein provided, which said numbers must
be a sufficient description of any parcel of land in said plats.
Said survey and plat thereof shall conform as near as may be
to the existing rights, interests and claims of the occupants
thereof, but no lot in the central or business portion of such
city or town shall exceed in area four thousand, two hundred
square feet, and no suburban lot in such city or town shall
exceed two acres in area. [1909 c 231 § 3; RRS § 11487.
Prior: 1888 c 124 pp 216-220.]
(2006 Ed.)
58.28.060
58.28.040
58.28.040 Councils’ duties when townsites on United
States land—Survey, notice of—Bids for—Franchises
continued. Before proceeding to make such survey, at least
ten days’ notice thereof must be given, by posting within the
limits of such city or townsite, not less than five written or
printed notices of the time when such survey shall commence, or by publication thereof in a newspaper published in
the city or town, if one there be. The survey of said city or
town lands must be made to the best advantage and at the
least expense to the holders, claimants and occupants thereof;
and the council is hereby authorized and directed to receive
bids for such surveying, and to let the same by contract to the
lowest competent bidder: PROVIDED, That the possessors,
owners and claimants of water works, electric light, telegraph, telephone, pipe or power lines, sewers and like or similar property located in such roads, streets, alleys and other
public places in such cities and towns shall be maintained and
protected in the same, as the same shall exist at the time of the
entry in the United States land office of the land embracing
such city or town, and the right to continue to use such property for the purposes for which said property was intended, is
hereby acknowledged and confirmed. [1909 c 231 § 4; RRS
§ 11488. Prior: 1888 c 124 pp 216-220.]
58.28.050
58.28.050 Contents of plat. Such plat must show as
follows:
(1) All streets, alleys, avenues, roads and highways, and
the width thereof.
(2) All parks, squares and all other grounds reserved for
public uses, with the boundaries and dimensions thereof.
(3) All lots and blocks, with their boundaries, designating such lots and blocks by numbers, and giving the dimensions of every lot.
(4) The angles of intersection of all boundary lines of the
lots and block, whenever the angle of intersection is not a
right angle.
(5) The location of all stone or iron monuments set to
establish street lines.
(6) The exterior boundaries of the piece of land so platted, giving such boundaries by true courses and distances.
(7) The location of all section corners, quarter section or
meander corners of sections within the limits of said plat.
(8) In case no such section or quarter section or meander
corners are within the limits of the plat, it must show a connection line to some corner or initial point of the government
surveys, or a government mineral monument, if there be any
within one mile of such townsite. All distances marked on the
plat must be in feet and decimals of a foot. [1909 c 231 § 5;
RRS § 11489. Prior: 1888 c 124 pp 216-220.]
58.28.060
58.28.060 Monuments—Location, placement requisites. Such surveyor must mark all corners of blocks or lots
shown on the plat by substantial stakes or monuments, and
must set stone or iron monuments at the points of intersection
of the center lines of all the streets, where practicable, or as
near as possible to such points, and their location must be
shown by marking on the plat the distances to the block corners adjacent thereto. The top of such monument must be
placed one foot below the surface of the ground, and in size
must be at least six inches by six inches by six inches, and be
[Title 58 RCW—page 27]
58.28.070
Title 58 RCW: Boundaries and Plats
placed in the ground to the depth of one foot. [1909 c 231 §
6; RRS § 11490. Prior: 1888 c 124 pp 216-220.]
58.28.070
58.28.070 Monuments—Markings—Surveyor’s certificate on plat. If a stone is used as a monument, it must
have a cross cut in the top at the point of intersection of the
center lines of streets, or a hole may be drilled in the stone to
mark such point. If an iron monument is used it must be at
least two inches in diameter by two and one-half feet in
length, and may be either solid iron or pipe. The dimensions
of the monuments must be marked on the plat, and reference
thereto made in the field notes, and establish permanently the
lines of all the streets. The surveyor must make and subscribe
on the plat a certificate that such survey was made in accordance with the provisions of this chapter, stating the date of
survey, and verify the same by his oath. [1909 c 231 § 7;
RRS § 11491. Prior: 1888 c 124 pp 216-220.]
58.28.080
58.28.080 Plats filed—Auditor’s fee. All such plats
must be made on mounted drawing paper, and filed and
recorded in the office of the county auditor, and he must keep
the original plat for public inspection. The fee of such county
auditor for filing and recording each of such plats and the
field notes accompanying the same shall be the sum of ten
dollars. [1909 c 231 § 8; RRS § 11492. Prior: 1888 c 124 pp
216-220.]
58.28.090
58.28.090 Assessments. Each lot or parcel of said lands
having thereon valuable improvements or buildings ordinarily used as dwellings or for business purposes, not exceeding one-tenth of one acre in area, shall be rated and assessed
by the said corporate authorities at the sum of one dollar;
each lot or parcel of such lands exceeding one-tenth and not
exceeding one-eighth of one acre in area, shall be rated and
assessed at the sum of one dollar and fifty cents; each lot or
parcel of such lands exceeding in area one-eighth of one acre
and not exceeding one-quarter of an acre in area, shall be
rated and assessed at the sum of two dollars; and each lot or
parcel of such lands exceeding one-quarter of an acre and not
exceeding one-half of one acre in area, shall be rated and
assessed at the sum of two dollars and fifty cents; and each lot
or parcel of land so improved exceeding one-half acre in area
shall be assessed at the rate of two dollars and fifty cents for
each half an acre or fractional part over half an acre; and
every lot or parcel of land enclosed, which may not otherwise
be improved, claimed by any person, corporation, or association, shall be rated and assessed at the rate of two dollars per
acre or fractional part over an acre; and where upon one parcel of land there shall be two or more separate buildings
occupied or used ordinarily as dwellings or for business purposes each such building, for the purposes of this section,
shall be considered as standing on a separate lot of land; but
the whole of such premises may be conveyed in one deed;
which moneys so assessed must be received by the clerk and
be paid by him into the city or town treasury. [1909 c 231 §
9; RRS § 11493. Prior: 1888 c 124 pp 216-220.]
58.28.100
58.28.100 Notice of possession filed—Assessment and
fee—Certificate—Council record. Every person, company, corporation or association claimant of any city or town
[Title 58 RCW—page 28]
lot or parcel of land within the limits of such city or townsite,
must present to the council, by filing the same with the clerk
thereof, within three months after the patent (or certified copy
thereof) from the United States has been filed in the office of
the county auditor, his, her, its or their affidavit, (or by guardian or next friend where the claimant is under disability), verified in person or by duly authorized agent, attorney, guardian or next friend, in which must be concisely stated the facts
constituting the possession or right of possession of the
claimant, and that the claimant is entitled to the possession
thereof and to a deed therefor as against all other persons, to
the best of his knowledge and belief, and stating who was an
occupant of such lot or parcel of land at the time of the entry
of such townsite at the United States land office, to which
must be attached a copy of so much of the plat of said city or
townsite as will fully exhibit the particular lot or parcel of
land so claimed, and every such claimant, at the time of filing
such affidavit, must pay to such clerk such sum of money as
said clerk shall certify to be due for the assessment mentioned
in RCW 58.28.090, together with the further sum of four dollars, to be appropriated to the payment of expenses incurred
in carrying out the provisions of this chapter, and the said
clerk must thereupon give to such claimant a certificate,
attested by the corporate seal, containing a description of the
lot or parcel of land claimed, and setting forth the amounts
paid thereon by such claimant. The council of every such city
or town must procure a bound book, wherein the clerk must
make proper entries of the substantial matters contained in
every such certificate issued by him, numbering the same in
consecutive order, setting forth the name of the claimant or
claimants in full, date of issue, and description of lot or lands
claimed. [1909 c 231 § 10; RRS § 11494. Prior: 1888 c 124
pp 216-220.]
58.28.110
58.28.110 Deficiency assessment—When payable. If
it is found that the amounts hereinbefore specified as assessments and fees for costs and expenses prove to be insufficient
to cover and defray all the necessary expenses, the council
must estimate the deficiency and assess such deficiency pro
rata upon all the lots and parcels of land in such city or town,
and declare the same upon the basis set down in RCW
58.28.090, which additional amount, if any, may be paid by
the claimant at the time when the certificate hereinafter [hereinbefore] mentioned, or at the time when the deed of conveyance hereinbefore [hereinafter] provided for, is issued. [1909
c 231 § 11; RRS § 11495. Prior: 1888 c 124 pp 216-220.]
58.28.120
58.28.120 Deed to claimants—Actions contesting
title, limitations on. At the expiration of six months after the
time of filing of such patent, or a certified copy thereof in the
office of the county auditor, if there has been no adverse
claim filed in the meantime, the council must execute and
deliver to such claimant, his or her, its or their heirs, executors, administrators, grantees, successors or assigns a good
and sufficient deed of the premises described in the application of the claimant originally filed, if proper proof shall have
been made, which said deed must be signed and acknowledged by the mayor or other presiding officer of the council,
and attested by the corporate seal of such city or town. No
conveyance of any such lands made as in this chapter pro(2006 Ed.)
Townsites on United States Land—Acquisition of Land
vided, concludes the rights of third persons; but such third
persons may have their action in the premises, to determine
their alleged interest in such lands and their right to the legal
title thereto against such grantee, his, her, its or their heirs,
successors or assigns, to which they may deem themselves
entitled either in law or equity; but no action for the recovery
or possession of such premises, or any portion thereof, or to
establish the right to the legal title thereto, must be maintained in any court against the grantee named therein, or
against his, her, its or their legal representatives or assigns,
unless such action shall be commenced within six months
after such deed shall have been filed for record in the office
of the county auditor of the county where such lands are situate; nothing herein shall be construed to extend the time of
limitation prescribed by law for the commencement of
actions upon the possessory claim or title to real estate, when
such action is barred by law at the time of the passage of this
chapter. [1909 c 231 § 12; RRS § 11496. Prior: 1888 c 124
pp 216-220.]
58.28.160
such premises, in accordance with the judgment, adjudging
the claimant to have been an occupant of any particular lot or
lots at the time of the entry of such townsite in the United
States land office, or to be the successor in interest of such
occupant. If in any action brought under this chapter, or under
said acts of congress, the right to the ground in controversy
shall not be established by either party, the court or jury shall
so find and judgment shall be entered accordingly. In such
case costs shall not be allowed to either party, and neither
party shall be entitled to a deed to the ground in controversy,
and in such action it shall be incumbent upon each claimant
to establish that he, she or it was an occupant of the ground in
controversy within the meaning of the said acts of congress at
the time of the entry of said townsite in the United States land
office, or is the successor in interest of such occupant. [1909
c 231 § 14; RRS § 11498. Prior: 1888 c 124 pp 216-220.]
Proof of right—Costs upon failure of both conflicting parties: RCW
58.28.360.
58.28.150
58.28.130
58.28.130 Entries on mineral lands—Rights of claimants. Townsite entries may be made by incorporated towns
or cities on the mineral lands of the United States, but no title
shall be acquired by such towns or cities to any vein of gold,
silver, cinnabar, copper or lead, or to any valid mining claim
or possession held under existing law. When mineral veins
are possessed within the limits of an incorporated town or
city, and such possession is recognized by local authority or
by the laws of the United States, the title to town lots shall be
subject to such recognized possession and the necessary use
thereof and when entry has been made or patent issued for
such townsites to such incorporated town or city, the possessor of such mineral vein may enter and receive patent for
such mineral vein, and the surface ground appertaining
thereto: PROVIDED, That no entry shall be made by such
mineral vein claimant for surface ground where the owner or
occupier of the surface ground shall have had possession of
the same before the inception of the title of the mineral vein
applicant. [1909 c 231 § 13; RRS § 11497. Prior: 1888 c 124
pp 216-220.]
58.28.150 Notice of filing patent—Abandonment of
claim. The said council must give public notice by advertising for four weeks in a newspaper published in said city or
town, or, if there be no newspaper published in said city or
town, then by publication in some newspaper having general
circulation in such city or town, and not less than five written
or printed notices must be posted in public places within the
limits of such city or townsite; such notice must state that
patent for said townsite (or certified copy thereof) has been
filed in the county auditor’s office. If any person, company,
association or any other claimant of lands in such city or town
fails, neglects or refuses to make application to the council
for a deed of conveyance to the lands so claimed, and to pay
the sums of money specified in this chapter, within three
months after filing of such patent, or a certified copy thereof,
in the office of the county auditor, shall be deemed to have
abandoned the same and to have forfeited all right, title and
interest therein or thereto both in law and in equity as against
the trustee of said townsite, and such abandoned or forfeited
lot or lots shall be sold as unoccupied lands, and the proceeds
thereof placed in the special fund in this chapter mentioned.
[1909 c 231 § 15; RRS § 11499. Prior: 1888 c 124 pp 216220.]
58.28.140
58.28.140 Conflicting claims—Procedure. In all cases
of adverse claims or disputes arising out of conflicting claims
to lands or concerning boundary lines, the adverse claimants
may submit the decision thereof to the council of such city or
town by an agreement in writing specifying particularly the
subject matter in dispute, and may agree that their decision
shall be final. The council must hear the proofs, and shall
order a deed to be executed or denied in accordance with the
facts; but in all other cases of adverse claims, the party out of
possession shall commence his action in a court of competent
jurisdiction within six months after the time of filing of the
patent from the United States (or a certified copy thereof), in
the office of the county auditor. In case such action be commenced, the plaintiff must serve a notice of lis pendens upon
the mayor, who must thereupon stay all proceedings in the
matter of granting any deed to the land in dispute until the
final decision in such suit; and upon presentation of a certified copy of the final judgment of such court in such action,
the council must cause to be executed and delivered a deed of
(2006 Ed.)
58.28.160
58.28.160 Sale of unoccupied lots—Notice—Minimum price. All lots in such city or townsite which were
unoccupied at the time of the entry of said townsite in the
United States land office shall be sold by the corporate
authorities of such city or town, or under their direction, at
public auction to the highest bidder for cash, each lot to be
sold separately, and notice of such sale or sales shall be given
by posting five written or printed notices in public places
within said townsite, giving the time and particular place of
sale, which notices must be posted for at least thirty days
prior to the date of said sale, and by publishing a like notice
for four consecutive weeks prior to such sale in a newspaper
published in such city or town, or, if no such newspaper be
published in such city or town, then in some newspaper having general circulation in such city or town, and deeds shall
be given therefor to the several purchasers: PROVIDED,
That no such unoccupied lot shall be sold for less than five
dollars in addition to an assessment equivalent to assessment
[Title 58 RCW—page 29]
58.28.170
Title 58 RCW: Boundaries and Plats
provided in RCW 58.28.090, and all moneys arising from
such sale, after deducting the costs and expenses of such sale
or sales, shall be placed in the treasury of such city or town.
[1909 c 231 § 16; RRS § 11500. Prior: 1888 c 124 pp 216220.]
58.28.170
58.28.170 Lands for school and municipal purposes—Funds. All school lots or parcels of land, reserved or
occupied for school purposes, must be conveyed to the school
district in which such city or town is situated, without cost or
charge of any kind whatever. All lots or parcels of land
reserved or occupied for municipal purposes must be conveyed to such city or town without cost or charge of any kind
whatever. All expenses necessarily incurred or contracted by
the carrying into effect of the provisions of this chapter are a
charge against the city or town on behalf of which the work
was done, and such expenses necessarily incurred, either
before or after the incorporation thereof, shall be paid out of
the treasury of such city or town upon the order of the council
thereof; and all moneys paid for lands or to defray the
expenses of carrying into effect the provisions of this chapter
shall be paid into the city or town treasury by the officer or
officers receiving the same, and shall constitute a special
fund, from which shall be paid all expenses, and the surplus,
if any there be, shall be expended under the direction of the
city or town council for public improvements in such city or
town. [1909 c 231 § 17; RRS § 11501. Prior: 1888 c 124 pp
216-220.]
58.28.180
58.28.180 Effect of informalities—Certificate or deed
as prima facie evidence. No mere informality, failure or
omission on the part of any of the persons or officers named
in this chapter invalidates the acts of such person or officer;
but every certificate or deed granted to any person pursuant to
the provisions of this chapter is prima facie evidence that all
preliminary proceedings in relation thereto have been correctly taken and performed, and that the recitals therein are
true and correct. [1909 c 231 § 18; RRS § 11502. Prior: 1888
c 124 pp 216-220.]
58.28.190
58.28.190 Corporate authorities to act promptly.
Such corporate authorities shall promptly execute and perform all duties imposed upon them by the provisions of this
chapter. [1909 c 231 § 19; RRS § 11503. Prior: 1888 c 124
pp 216-220.]
58.28.200
58.28.200 Proof requisite to delivery of deed. No
deed to any lot or parcel of land in such townsite entry shall
be made or delivered to any alleged occupant thereof before
proof shall have been made under oath showing such claimant to have been an occupant of such lot or parcel of land
within the meaning of said laws of congress at the time of the
entry of such townsite at the proper United States land office,
but the grantees, heirs, successors in interest or assigns of
such occupant of any lot, as such, may receive such deed.
[1909 c 231 § 20; RRS § 11504. Prior: 1888 c 124 pp 216220.]
58.28.201
58.28.201 Title to vacated lots by occupancy and
improvements. See RCW 58.28.510.
[Title 58 RCW—page 30]
58.28.202 Controversies, by whom settled—Review.
See RCW 58.28.520.
58.28.202
58.28.203 Platted lands declared dedicated to public
See RCW 58.28.440.
58.28.203
use.
58.28 .20 4 Appeals—Procedure.
58.28.490.
58.28.204
See RCW
UNINCORPORATED TOWNS ON
UNITED STATES LAND
58.28.210 Unincorporated towns on United States
land—Superior court judge to file claim. It is the duty of
the judge of the superior court of any county in this state to
enter at the proper land office of the United States such quantity of land as the inhabitants of any unincorporated town, situate upon lands the legal and equitable title to which is in the
United States of America, or situate upon public lands of the
United States within the county wherein such superior court
is held, may be entitled to claim in the aggregate, according
to their population, in the manner required by the laws of the
United States, and valid regulations prescribed by the secretary of the interior of the United States, and to make and sign
all necessary declaratory statements, certificates and affidavits, or other instruments requisite to carry into effect the
intentions of this chapter, and the intention of the act of congress of the United States entitled "An act for the relief of the
inhabitants of cities and towns upon the public lands,"
approved March 2, 1867, and all acts of congress amendatory
thereof and supplemental thereto, and to file in the proper
United States land office a proper application in writing,
describing the tracts of land on which such unincorporated
town is situated, and all lands entitled to be embraced in such
government townsite entry, and make proof and payment for
such tracts of land in the manner required by law. [1909 c
231 § 21; RRS § 11505. Prior: 1888 c 124 pp 216-220.]
58.28.210
58.28.220 Petition to superior court judge—Contents—Procedure. The judge of the superior court of any
county in this state, whenever he is so requested by a petition
signed by not less than five residents, householders in any
such unincorporated town, whose names appear upon the
assessment roll for the year preceding such application in the
county wherein such unincorporated town is situated—which
petition shall set forth the existence, name and locality of
such town, whether such town is situated on surveyed or
unsurveyed lands, and if on surveyed lands an accurate
description according to the government survey of the legal
subdivisions sought to be entered as a government townsite
must be stated; the estimated number of its inhabitants; the
approximate number of separate lots or parcels of land within
such townsite, and the amount of land to which they are entitled under such acts of congress—must estimate the cost of
entering such land, and of the survey, platting and recording
of the same, and must endorse such estimate upon such petition, and upon receiving from any of the parties interested the
amount of money mentioned in such estimate, the said judge
may cause an enumeration of the inhabitants of such town to
be made by some competent person, exhibiting therein the
names of all persons residing in said proposed townsite and
58.28.220
(2006 Ed.)
Townsites on United States Land—Acquisition of Land
the names of occupants of lots, lands, or premises within such
townsite, alphabetically arranged, verified by his oath, and
cause such enumeration to be presented to such judge. [1909
c 231 § 22; RRS § 11506. Prior: 1888 c 124 pp 216-220.]
58.28.230
58.28.230 Survey and plat—Boundaries—Monuments. Such judge must thereupon cause a survey to be
made by some competent person, of the lands which the
inhabitants of said town may be entitled to claim under said
acts of congress, located according to the legal subdivisions
of the sections according to the government survey thereof,
and the same must be distinctly marked by suitable monuments; such survey must further particularly designate all
streets, roads, lanes, and alleys, public squares, churches,
school lots, cemeteries, commons, and levees, as the same
exist and have been heretofore dedicated, in any manner to
public use, and by measurement the precise boundaries and
area of each and every lot or parcel of land and premises
claimed by any person, corporation, or association within
said townsite must, as far as known by the surveyor, be designated on the plat, showing the name or names of the possessor, occupant or claimant; and in case of any disputed
claim as to lots, lands, premises or boundaries, the said surveyor, if the same be demanded by any person, shall designate the lines in different color from the body of the plat of
such part of any premises so disputed or claimed adversely;
said surveyor shall survey, lay out and plat all of said lands,
whether occupied or not, into lots, blocks, streets and alleys.
[1909 c 231 § 23; RRS § 11507. Prior: 1888 c 124 pp 216220.]
58.28.240
58.28.240 Plats—Filing. The plat thereof must be
made in triplicate on a scale of not less than eighty feet to an
inch, which must be duly certified under oath by the surveyor, one of which must be filed with the county auditor of
the county wherein such unincorporated town is situated, one
must be deposited in the proper United States land office, and
one with such judge. These plats shall constitute public
records, and must each be accompanied by a copy of the field
notes, and the county auditor must make a record of such plat
in a book to be kept by him for that purpose, and such county
auditor must file such copy of said field notes in his office.
The said surveyor must number and survey the blocks as
divided by the roads, and streets opened and generally used
and for which a public necessity exists, at the time of making
such survey, and must number the several lots consecutively
in each block, and all other parcels of land within said unincorporated town as herein provided, which said numbers
must be a sufficient description of any parcel of land represented on said plats. Said survey and plat thereof shall conform as nearly as may be to the existing rights, interest, and
claims of the occupants thereof, but no lot in the center or
business portion of said unincorporated town shall exceed in
area four thousand two hundred feet, and no suburban lot in
such unincorporated town shall exceed two acres in area.
[1909 c 231 § 24; RRS § 11508. Prior: 1888 c 124 pp
216-220.]
58.28.250
58.28.250 Survey, notice of—Bids for—Franchises
continued. Before proceeding to make such survey, at least
(2006 Ed.)
58.28.270
ten days’ notice thereof must be given, by posting within the
limits of such townsite, not less than five written or printed
notices of the time when such survey shall commence, or by
publication thereof in a newspaper published in said town, if
one there be. The survey of said townsite must be made to the
best advantage and at the least expense to the holders, claimants, possessors and occupants thereof. The said judge is
hereby authorized and directed to receive bids for such surveying, platting and furnishing copies of the field notes, and
to let the same by contract to the lowest competent bidder:
PROVIDED, That the possessors, owners, or claimants of
water works, electric light, telegraph, telephone, pipe or
power lines, sewers, irrigating ditches, drainage ditches, and
like or similar property located in such townsites or in the
roads, streets, alleys or highways therein or in other public
places in such townsite, shall be maintained and protected in
the same as the same shall exist at the time of the entry in the
United States land office of the land embraced in such government townsite, and the right to continue to use such property, for the purposes for which said property was intended, is
hereby acknowledged and confirmed. [1909 c 231 § 25; RRS
§ 11509. Prior: 1888 c 124 pp 216-220.]
58.28.260
58.28.260 Contents of plat. Such plat must show as
follows:
(1) All streets, alleys, avenues, roads and highways, and
the width thereof.
(2) All parks, squares and all other ground reserved for
public uses, with the boundaries and dimensions thereof.
(3) All lots and blocks, with their boundaries, designating such lots and blocks by numbers, and giving the dimensions of every lot.
(4) The angles of intersection of all boundary lines of the
lots and block, whenever the angle of intersection is not a
right angle.
(5) The location of all stone or iron monuments set to
establish street lines.
(6) The exterior boundaries of the piece of land so platted, giving such boundaries by true courses and distances.
(7) The location of all section corners, or legal subdivision corners of sections within the limits of said plat.
(8) In case no such section or subdivision corners are
within the limits of the plat, it must show a connection line to
some corner or initial point of the government surveys, or a
government mineral monument, if there be any within one
mile of such townsite. All distances marked on the plat must
be in feet and decimals of a foot. [1909 c 231 § 26; RRS §
11510. Prior: 1888 c 124 pp 216-220.]
58.28.270
58.28.270 Monuments—Location, placement requisites. Such surveyor must mark all corners of blocks or lots
shown on the plat by substantial stakes or monuments, and
must set stone or iron monuments at the points of intersection
of the center lines of all the streets, where practicable, or as
near as possible to such points, and their location must be
shown by marking on the plat the distances to the block corners adjacent thereto. The top of such monument must be
placed one foot below the surface of the ground, and in size
must be at least six inches by six inches by six inches, and be
[Title 58 RCW—page 31]
58.28.280
Title 58 RCW: Boundaries and Plats
placed in the ground to the depth of one foot. [1909 c 231 §
27; RRS § 11511. Prior: 1888 c 124 pp 216-220.]
58.28.280
58.28.280 Monuments—Markings—Surveyor’s certificate on plat. If a stone is used as a monument it must
have a cross cut in the top at the point of intersection of center
lines of streets, or a hole may be drilled in the stone to mark
such point. If an iron monument is used it must be at least two
inches in diameter by two and one-half feet in length, and
may be either solid iron or pipe. The dimensions of the monuments must be marked on the plat, and reference thereto
made in the field notes, and establish permanently the lines of
all the streets. The surveyor must make and subscribe on the
plat a certificate that such survey was made in accordance
with the provisions of this chapter, stating the date of survey,
and verify the same by his oath. [1909 c 231 § 28; RRS §
11512. Prior: 1888 c 124 pp 216-220.]
58.28.290
58.28.290 Plats filed—Auditor’s fee. All such plats
must be made on mounted drawing paper, and filed and
recorded in the office of the county auditor, and he must keep
the original plat for public inspection. The fee of such county
auditor for filing and recording each of such plats, and the
field notes accompanying the same shall be the sum of ten
dollars. [1909 c 231 § 29; RRS § 11513. Prior: 1888 c 124
pp 216-220.]
58.28.300
58.28.300 Assessments—Disposition—Employment
of attorney authorized. Each lot or parcel of said lands having thereon valuable improvements or buildings ordinarily
used as dwellings or for business purposes, not exceeding
one-tenth of one acre in area, shall be rated and assessed by
the said judge at the sum of one dollar; each lot or parcel of
such lands exceeding one-tenth, and not exceeding oneeighth of one acre in area, shall be rated and assessed at the
sum of one dollar and five [fifty] cents; each lot or parcel of
such lands exceeding in area one-eighth of one acre and not
exceeding one-quarter of an acre in area, shall be rated and
assessed at the sum of two dollars; and each lot or parcel of
such lands exceeding one-quarter of an acre and not exceeding one-half of one acre in area, shall be rated and assessed at
the sum of two dollars and fifty cents; and each lot or parcel
of land so improved, exceeding one-half acre in area, shall be
assessed at the rate of two dollars and fifty cents for each half
an acre or fractional part over half an acre; and every lot or
parcel of land enclosed, which may not otherwise be
improved, claimed by any person, corporation, or association, shall be rated and assessed at the rate of two dollars per
acre or fractional part over an acre; and where upon one parcel of land there shall be two or more separate buildings
occupied or used ordinarily as dwellings or for business purposes, each such building, for the purposes of this section,
shall be considered as standing on a separate lot of land; but
the whole of such premises may be conveyed in one deed;
which moneys so assessed must constitute a fund from which
must be reimbursed or paid the moneys necessary to pay the
government of the United States for said townsite lands, and
interest thereon, if such moneys have been loaned or
advanced for the purpose and expenses of their location,
entry and purchase, and cost and expenses attendant upon the
[Title 58 RCW—page 32]
making of such survey, plats, publishing and recording,
including a reasonable attorney’s fee for legal services necessarily performed, and the persons or occupants in such townsite procuring said townsite entry to be made, may employ an
attorney to assist them in so doing and to assist such judge in
the execution of his trust, and he shall be allowed by such
judge out of said fund a reasonable compensation for his services. [1909 c 231 § 30; RRS § 11514. Prior: 1888 c 124 pp
216-200.]
58.28.310
58.28.310 Notice of possession filed—Assessment and
fee—Certificate—Judge’s record. Every person, company, corporation, or association, claimant of any town lot or
parcel of land, within the limits of such townsite, must
present to such judge within three months after the patent (or
a certified copy thereof), from the United States has been
filed in the office of the county auditor, his, her, its or their
affidavit, (or by guardian or next friend where the claimant is
under disability), verified in person, or by duly authorized
agent or attorney, guardian or next friend, in which must be
concisely stated the facts constituting the possession or right
of possession of the claimant and that the claimant is entitled
to the possession thereof and to a deed therefor as against all
other persons or claimants, to the best of his knowledge and
belief, and in which must be stated who was an occupant of
such lot or parcel of land at the time of the entry of such
townsite at the United States land office, to which must be
attached a copy of so much of the plat of said townsite as will
fully exhibit the particular lots or parcels of land so claimed;
and every such claimant, at the time of presenting and filing
such affidavit with said judge, must pay to such judge such
sum of money as said judge shall certify to be due for the
assessment mentioned in RCW 58.28.300, together with the
further sum of four dollars, to be appropriated to the payment
of cost and expenses incurred in carrying out the provisions
of this chapter, and the said judge must thereupon give to
such claimant a certificate, signed by him and attested by the
seal of the superior court, containing a description of the lot
or parcel of land claimed, and setting forth the amounts paid
thereon by such claimant. Such judge must procure a bound
book for each unincorporated government townsite in his
county wherein he must make proper entries of the substantial matters contained in such certificate issued by him, numbering the same in consecutive order, setting forth the name
of the claimant or claimants in full, date of issue, and description of the lot or lands claimed. [1909 c 231 § 31; RRS §
11515. Prior: 1888 c 124 pp 216-220.]
58.28.320
58.28.320 Deficiency assessment—When payable. If
it is found that the amounts hereinbefore specified as assessments and fees for costs and expenses, prove to be insufficient to cover and defray all the necessary expenses, the said
judge must estimate the deficiency and assess such deficiency pro rata upon all the lots and parcels of land in such
government townsite, and declare the same upon the basis set
down in RCW 58.28.300; which additional amount, if any,
may be paid by the claimant at the time when the certificate
hereinbefore mentioned, or at the time when the deed of conveyance hereinafter provided for, is issued. [1909 c 231 § 32;
RRS § 11516. Prior: 1888 c 124 pp 216-220.]
(2006 Ed.)
Townsites on United States Land—Acquisition of Land
58.28.330
58.28.330 Deed to claimants—Actions contesting
title, limitations on. At the expiration of six months after the
time of filing such patent, or certified copy thereof, in the
office of the county auditor, if there has been no adverse
claim filed in the meantime, said judge must execute and
deliver to such claimant or to his, her, its or their heirs, executor, administrator, grantee, successor or assigns a good and
sufficient deed of the premises described in the application of
the claimant originally filed, if proper proof shall have been
made, which said deed must be signed and acknowledged by
such judge as trustee, and attested by the seal of the superior
court. No conveyance of any such lands made as in this chapter provided, concludes the rights of third persons; but such
third persons may have their action in the premises, to determine their alleged interest in such lands, and their right to the
legal title thereto, against such grantee, his, her, its or their
heirs, executors, administrators, successors or assigns, to
which they may deem themselves entitled, either in law or in
equity; but no action for the recovery or possession of such
premises, or any portion thereof, or to establish the right to
the legal title thereto, must be maintained in any court against
the grantee named therein, or against his, her, its or their
heirs, executors, administrators, successors or assigns, unless
such action shall be commenced within six months after such
deed shall have been filed for record in the office of the
county auditor of the county where such lands are situated;
nothing herein shall be construed to extend the time of limitation prescribed by law for the commencement of actions
upon a possessory claim or title to real estate, when such
action is barred by law at the time of the taking effect of this
chapter. [1909 c 231 § 33; RRS § 11517. Prior: 1888 c 124
pp 216-220.]
58.28.340
58.28.340 Entries on mineral lands—Rights of claimants. Townsite entries may be made by such judge on mineral lands of the United States, but no title shall be acquired
by such judge to any vein of gold, silver, cinnabar, copper or
lead, or to any valid mining claim or possession held under
existing laws. When mineral veins are possessed within the
limits of an unincorporated town, and such possession is recognized by local authority, or by the laws of the United
States, the title to town lots shall be subject to such recognized possession and the necessary use thereof, and when
entry has been made or patent issued for such townsite to
such judge, the possessor of such mineral vein may enter and
receive patent for such mineral vein, and the surface ground
appertaining thereto: PROVIDED, That no entry shall be
made by such mineral vein claimant for surface ground where
the owner or occupier of the surface ground shall have had
possession of the same before the inception of the title of the
mineral vein applicant. [1909 c 231 § 34; RRS § 11518.
Prior: 1888 c 124 pp 216-220.]
58.28.350
58.28.350 Conflicting claims—Procedure. In all cases
of adverse claims or disputes arising out of conflicting claims
to land or concerning boundary lines, the adverse claimants
may submit the decision thereof to said judge by an agreement in writing specifying particularly the subject matter in
dispute and may agree that his decision shall be final. The
said judge must hear the proofs, and shall execute a deed or
deny the execution of a deed in accordance with the facts; but
(2006 Ed.)
58.28.380
in all other cases of adverse claims the party out of possession
shall commence his action in a court of competent jurisdiction within six months after the filing of the patent (or a certified copy thereof) from the United States, in the office of the
county auditor. In case such action be commenced within the
time herein limited, the plaintiff must serve notice of lis pendens upon such judge, who must thereupon stay all proceedings in the matter of granting or executing any deed to the
land in dispute until the final decision in such suit; upon presentation of a certified copy of the final judgment in such
action, such judge must execute and deliver a deed of the premises, in accordance with the judgment, adjudging the claimant to have been an occupant of any particular lot or lots at the
time of the entry of such townsite in the United States land
office, or to be the successor in interest of such occupant.
[1909 c 231 § 35; RRS § 11519. Prior: 1888 c 124 pp 216220.]
58.28.360
58.28.360 Proof of right—Costs upon failure of both
conflicting parties. If in any action brought under this chapter, or under said acts of congress, the right to the ground in
controversy shall not be established by either party, the court
or jury shall so find and judgment shall be entered accordingly. In such case costs shall not be allowed to either party,
and neither party shall be entitled to a deed to the ground in
controversy, and in such action it shall be incumbent upon
each claimant or claimants to establish that he, she, it or they,
was or were, an occupant of the ground in controversy within
the meaning of said acts of congress at the time of the entry
of said townsite in the United States land office, or is or are
the successor, or successors in interest of such occupant.
[1909 c 231 § 36; RRS § 11520. Prior: 1888 c 124 pp 216220.]
Conflicting claims—Procedure: RCW 58.28.140.
58.28.370
58.28.370 Notice of filing patent. Said judge must
promptly give public notice by advertising for four weeks in
any newspaper published in such town, or if there be no
newspaper published in such town, then by publication in
some newspaper having general circulation in such town, and
not less than five written or printed notices must be posted in
public places within the limits of such townsite; such notice
must state that the patent for said townsite (or a certified copy
thereof) has been filed in the county auditor’s office. [1909 c
231 § 37; RRS § 11521. Prior: 1888 c 124 pp 216-220.]
58.28.380
58.28.380 Abandonment of claim. If any person, company, association, or any other claimant of lands in such
townsite fails, neglects or refuses to make application to said
judge for a deed of conveyance to said land so claimed, and
pay the sums of money specified in this chapter, within three
months after the filing of such patent, or a certified copy
thereof, in the office of the county auditor, shall be deemed to
have abandoned the claim to such land and to have forfeited
all right, title, claim and interest therein or thereto both in law
and in equity as against the trustee of said townsite, and such
abandoned or forfeited lot or lots may be sold by such trustee
as unoccupied lands, and the proceeds thereof placed in the
fund heretofore mentioned in this chapter. [1909 c 231 § 38;
RRS § 11522. Prior: 1888 c 124 pp 216-220.]
[Title 58 RCW—page 33]
58.28.390
Title 58 RCW: Boundaries and Plats
58.28.390
58.28.390 Sale of unoccupied lots—Notice—Minimum price. All lots in such townsite which were unoccupied within the meaning of the said acts of congress at the
time of the entry of said townsite in the United States land
office shall be sold by such judge or under his direction, at
public auction to the highest bidder for cash, each lot to be
sold separately, and notice of such sale, or sales, shall be
given by posting five written or printed notices in public
places within said townsite, giving the time and particular
place of sale, which notices must be posted at least thirty days
prior to the date of any such sale, and by publishing a like
notice for four consecutive weeks prior to any such sale in a
newspaper published in such town, or if no newspaper be
published in such town, then in some newspaper having general circulation in such town. And deed shall be given therefor to the several purchasers: PROVIDED, That no such
unoccupied lot shall be sold for less than five dollars in addition to an assessment equivalent to assessment provided for
in RCW 58.28.300, and all moneys arising from such sale or
sales after deducting the cost and expenses of such sale or
sales shall be placed in the fund hereinbefore mentioned.
[1909 c 231 § 39; RRS § 11523. Prior: 1888 c 124 pp 216220.]
58.28.400
58.28.400 Lands for school and public purposes—
Expenses as charge against fund. All school lots or parcels
of land reserved or occupied for school purposes, must be
conveyed to the school district in which such town is situated
without cost or charge of any kind whatever. All lots or parcels of land reserved or occupied for public purposes must be
set apart and dedicated to such public purposes without cost
or charge of any kind whatever. All expenses necessarily
incurred or contracted by the carrying into effect of the provisions of this chapter or said acts of congress are a charge
against the fund herein provided for. [1909 c 231 § 40; RRS
§ 11524. Prior: 1888 c 124 pp 216-220.]
58.28.410
58.28.410 Disposition of excess money—Special
fund. Any sum of money remaining in said fund after
defraying all necessary expenses of location, entry, surveying, platting, advertising, filing and recording, reimbursement of moneys loaned or advanced and paying the cost and
expenses herein authorized and provided for must be deposited in the county treasury by such judge to the credit of a special fund of each particular town, and kept separate by the
county treasurer to be paid out by him only upon the written
order of such judge in payment for making public improvements, or for public purposes, in such town. [1909 c 231 §
41; RRS § 11525. Prior: 1888 c 124 pp 216-220.]
58.28.420
58.28.420 Effect of informalities—Certificate or deed
as prima facie evidence. No mere informality, failure, or
omission on the part of any persons or officers named in this
chapter invalidates the acts of such person or officers; but
every certificate or deed granted to any person pursuant to the
provisions of this chapter is prima facie evidence that all preliminary proceedings in relation thereto have been taken and
performed and that the recitals therein are true and correct.
[1909 c 231 § 42; RRS § 11526. Prior: 1888 c 124 pp 216220.]
[Title 58 RCW—page 34]
58.28.430
58.28.430 Proof requisite to delivery of deed. No
deed to any lot in such unincorporated town or unincorporated government townsite entry shall be made or delivered
to any alleged occupant thereof before proof shall have been
made under oath, showing such claimant to have been an
occupant of such lot or parcel of land within the meaning of
said laws of congress at the time of the entry of such townsite
at the proper United States land office, but the grantees, heirs,
executors, administrators, successors in interest or assigns of
such occupant of any lot, as such, may receive such deed.
[1909 c 231 § 43; RRS § 11527. Prior: 1888 c 124 pp 216220.]
58.28.440
58.28.440 Platted lands declared dedicated to public
use. All streets, roads, lanes and alleys, public squares, cemeteries, parks, levees, school lots, and commons, surveyed,
marked and platted, on the map of any townsite, as prescribed
and directed by the provisions of this chapter, are hereby
declared to be dedicated to public use, by the filing of such
town plat in the office of the county auditor, and are inalienable, unless by special order of the board of commissioners of
the county, so long as such town shall remain unincorporated;
and if such town at any time thereafter becomes incorporated,
the same becomes the property of such town or city, and must
be under the care and subject to the control of the council or
other municipal authority of such town or city. [1909 c 231 §
44; RRS § 11528. Prior: 1888 c 124 pp 216-220.]
58.28.450
58.28.450 Clerk’s duties when judge trustee. All clerical work under this chapter where a judge of the superior
court is trustee must be performed by the clerk of the superior
court. [1909 c 231 § 45; RRS § 11529. Prior: 1888 c 124 pp
216-220.]
58.28.460
58.28.460 Accounting and depositing money—
Promptness. Such judge when fulfilling the duties imposed
upon him by said acts of congress, and by this chapter, must
keep a correct account of all moneys received and paid out by
him. He must deposit all surplus money with the treasurer of
the proper county, and he must promptly settle up all the
affairs relating to his trust pertaining to such town. [1909 c
231 § 46; RRS § 11530. Prior: 1888 c 124 pp 216-220.]
58.28.470
58.28.470 Records filed with county clerk. Whenever
the affairs pertaining to such trust shall be finally settled and
disposed of by such judge, he shall deposit all books and
papers relating thereto in the office of the county clerk of the
proper county to be thereafter kept in the custody of such
county clerk as public records, and the county clerk’s fee, for
the use of his county therefor, shall be the sum of ten dollars.
[1909 c 231 § 47; RRS § 11531. Prior: 1888 c 124 pp 216220.]
58.28.480
58.28.480 Judge, a trustee for purposes herein. Every
such judge when fulfilling the duties imposed upon him by
said acts of congress, and by this chapter, shall be deemed
and held to be acting as a trustee for the purposes of fulfilling
the purposes of said acts and not as a superior court, and such
judge shall be deemed to be disqualified to sit as judge of
such superior court in any action or proceeding wherein is
(2006 Ed.)
Townsites on United States Land—Acquisition of Land
involved the execution of such trust or rights involved
therein. [1909 c 231 § 48; RRS § 11532. Prior: 1888 c 124
pp 216-220.]
58.28.490
58.28.490 Appellate review—Procedure. Appellate
review of the judgment or orders of the superior court in all
cases arising under this chapter or said acts of congress may
be sought as in other civil cases. [1988 c 202 § 54; 1971 c 81
§ 127; 1909 c 231 § 49; RRS § 11533. Prior: 1888 c 124 pp
216-220.]
58.28.520
diction to hear and determine all questions arising under this
chapter and under said acts of congress and the right to ascertain who were the occupants of lots in such government
townsites at the time of the entry thereof in the United States
land office, and to determine from sworn testimony who are
and who are not entitled to deeds of conveyance to specific
lots in such government townsite, subject to review by courts
of competent jurisdiction. [1909 c 231 § 53; RRS § 11536.
Prior: 1888 c 124 pp 216-220.]
Severability—1988 c 202: See note following RCW 2.24.050.
58.28.500
58.28.500 Succession of trust. The successors in office
of such superior court judge shall be his successors as trustee
of such trust. [1909 c 231 § 51; RRS § 11534. Prior: 1888 c
124 pp 216-220.]
58.28.510
58.28.510 Title to vacated lots by occupancy and
improvements. The judge of the superior court of any
county is hereby declared to be the successor as trustee of any
territorial probate judge in such county who was trustee
under any such acts of congress, and may as such succeeding
trustee perform any unperformed duties of his predecessor in
office as such trustee, agreeably to the provisions of this
chapter as nearly as may be. And when entry was made by
any such probate judge under any of said acts of congress and
subsequent to such entry, the city or town situated upon such
townsite entry has been incorporated according to law, and
the corporate authorities thereof have or have attempted to
vacate any common, plaza, public square, public park or the
like, in such government townsite, and where thereafter, any
person, or corporation, has placed permanent improvements
on such land so vacated or attempted to be vacated, exceeding in value the sum of five thousand dollars, with the knowledge, consent, or acquiescence of the corporate authorities of
such city or town and with the general consent and approval
of the inhabitants of said city or town and such improvements
have been made for more than five years and such person or
corporation making such improvements has been in the open,
notorious and peaceable possession of such lands and premises for a period of more than five years, such superior court
judge, as trustee, of such government townsite, and successor
as trustee to such judge of probate, trustee of such government townsite, shall have the power and authority to make
and deliver to such person or corporation, or to his or its heirs,
executors, administrators, successors or assigns, a deed for
such lands and premises, conveying a fee simple title to such
lands and premises upon such terms and for such price as he
shall deem just and reasonable under all the facts and surrounding circumstances of the case, and the consideration
paid for such deed, one dollar or more, shall be placed in the
city or town treasury of such city or town, in the general fund.
[1909 c 231 § 52; RRS § 11535. Prior: 1888 c 124 pp 216220.]
58.28.520
58.28.520 Controversies, by whom settled—Review.
Except as hereinbefore specially provided, the city or town
council in incorporated cities and towns, and the judge of the
superior court, as trustee, in cases of unincorporated government townsites, are hereby expressly given power and juris(2006 Ed.)
[Title 58 RCW—page 35]
Title 59
Title 59
LANDLORD AND TENANT
Chapters
59.04 Tenancies.
59.08 Default in rent of forty dollars or less.
59.12 Forcible entry and forcible and unlawful
detainer.
59.16 Unlawful entry and detainer.
59.18 Residential Landlord-Tenant Act.
59.20 Manufactured/Mobile Home Landlord-Tenant
Act.
59.21 Mobile home relocation assistance.
59.22 Office of mobile home affairs—Resident-owned
mobile home parks.
59.23 Mobile home parks—Resident ownership in
event of sale.
59.24 Rental security deposit guarantee program.
59.28 Federally assisted housing.
Acknowledgments: Chapter 64.08 RCW.
Action to recover real property, jury trial: RCW 4.40.060.
Adverse possession: Chapter 7.28 RCW.
Boundaries and plats: Title 58 RCW.
County property, sales, leases, etc.: Chapter 36.34 RCW.
Ejectment and quieting title: Chapter 7.28 RCW.
Executions, sale of short term leasehold absolute: RCW 6.21.080.
Gambling on leased premises, action to recover: RCW 4.24.080 and
4.24.090.
Housing authorities law: Chapter 35.82 RCW.
Landlord’s lien
for rent: Chapter 60.72 RCW.
on farm crops: Chapter 60.11 RCW.
Mining leases: Chapter 79.14 RCW.
Mortgages and trust receipts: Title 61 RCW.
Nuisances: Chapter 7.48 RCW.
Oil and gas leases: Chapter 79.14 RCW.
Private seals abolished: RCW 64.04.090.
Probate
generally: Title 11 RCW.
performance of decedent’s contracts: Chapter 11.60 RCW.
Property insurance, insurable interest: RCW 48.18.040.
Public lands: Title 79 RCW.
Real property and conveyances: Title 64 RCW.
Recording: Chapter 65.08 RCW.
Registration of land titles: Chapter 65.12 RCW.
Statute of frauds: Chapter 19.36 RCW.
Taxation, property: Title 84 RCW.
Title insurers: Chapter 48.29 RCW.
Waste and trespass: Chapter 64.12 RCW.
Chapter 59.04
Chapter 59.04 RCW
TENANCIES
Sections
59.04.010
59.04.020
(2006 Ed.)
Tenancies from year to year abolished except under written
contract.
Tenancy from month to month—Termination.
59.04.030
59.04.040
59.04.050
59.04.900
Tenancy for specified time—Termination.
Ten day notice to pay rent or quit premises.
Tenancy by sufferance—Termination.
Chapter inapplicable to rental agreements under landlord-tenant act.
59.04.010
59.04.010 Tenancies from year to year abolished
except under written contract. Tenancies from year to year
are hereby abolished except when the same are created by
express written contract. Leases may be in writing or print, or
partly in writing and partly in print, and shall be legal and
valid for any term or period not exceeding one year, without
acknowledgment, witnesses or seals. [Code 1881 § 2053;
1867 p 101 § 1; RRS § 10619.]
59.04.020
59.04.020 Tenancy from month to month—Termination. When premises are rented for an indefinite time, with
monthly or other periodic rent reserved, such tenancy shall be
construed to be a tenancy from month to month, or from
period to period on which rent is payable, and shall be terminated by written notice of thirty days or more, preceding the
end of any of said months or periods, given by either party to
the other. [Code 1881 § 2054; 1867 p 101 § 2; RRS § 10619.
Prior: 1866 p 78 § 1.]
Unlawful detainer, notice requirement: RCW 59.12.030(2).
59.04.030
59.04.030 Tenancy for specified time—Termination.
In all cases where premises are rented for a specified time, by
express or implied contract, the tenancy shall be deemed terminated at the end of such specified time. [Code 1881 §
2055; 1867 p 101 § 3; RRS § 10620.]
59.04.040
59.04.040 Ten day notice to pay rent or quit premises. When a tenant fails to pay rent when the same is due,
and the landlord notifies him to pay said rent or quit the premises within ten days, unless the rent is paid within said ten
days, the tenancy shall be forfeited at the end of said ten days.
[Code 1881 § 2056; 1867 p 101 § 4; no RRS.]
59.04.050
59.04.050 Tenancy by sufferance—Termination.
Whenever any person obtains possession of premises without
the consent of the owner or other person having the right to
give said possession, he shall be deemed a tenant by sufferance merely, and shall be liable to pay reasonable rent for the
actual time he occupied the premises, and shall forthwith on
demand surrender his said possession to the owner or person
who had the right of possession before said entry, and all his
right to possession of said premises shall terminate immediately upon said demand. [Code 1881 § 2057; 1867 p 101 § 5;
RRS § 10621.]
59.04.900
59.04.900 Chapter inapplicable to rental agreements
under landlord-tenant act. This chapter does not apply to
[Title 59 RCW—page 1]
Chapter 59.08
Title 59 RCW: Landlord and Tenant
any rental agreement included under the provisions of chapter 59.18 RCW. [1973 1st ex.s. c 207 § 45.]
Chapter 59.08 RCW
DEFAULT IN RENT OF FORTY DOLLARS OR LESS
Chapter 59.08
Sections
59.08.010
59.08.020
59.08.030
59.08.040
59.08.050
59.08.060
59.08.070
59.08.080
59.08.090
59.08.100
59.08.900
Summons and complaint as notice—Acceptance of rent after
default.
Venue.
Complaint.
Order for hearing—Notice.
Continuance.
Hearing—Writ of restitution.
Recall of writ—Bond.
Complaint as notice to quit.
Sheriff’s fee.
Indemnity bond not required—Liability for damages.
Chapter inapplicable to rental agreements under landlord-tenant act.
59.08.010
59.08.010 Summons and complaint as notice—
Acceptance of rent after default. In cases of default in the
payment of rent for real property where the stipulated rent or
rental value does not exceed forty dollars per month, no
notice to quit or pay rent, other than filing and serving a summons and complaint, as hereinafter provided, shall be
required to render the holding of such tenant thereafter
unlawful. If the landlord shall, after such default in the payment of rent, accept payment thereof, such acceptance of payment shall operate to reinstate the right of the tenant to possession for the full period fixed by the terms of any agreement relating to the right of possession. [1941 c 188 § 1;
Rem. Supp. 1941 § 814-1.]
dant applying therefor shall give good and sufficient security,
to be approved by the court, conditioned upon the payment of
rent accrued and to accrue, if judgment be rendered against
the defendant. [1941 c 188 § 5; Rem. Supp. 1941 § 814-5.]
59.08.060
59.08.060 Hearing—Writ of restitution. At the time
and place fixed for the hearing, the court shall proceed to
examine the parties orally to ascertain the merits of the complaint, and if it shall appear that there is no reasonable doubt
of the right of the plaintiff to be restored to the possession of
said property, the court shall enter an order directing the issuance of a writ of restitution, which shall thereupon be served
by the sheriff upon the defendant. After the expiration of
three days from date of service, if the defendant has not surrendered possession or filed a bond as hereinafter provided,
the writ shall be executed by the sheriff. If it appears to the
court that there is reasonable doubt of the right of the plaintiff
to be restored to the possession of said property, the court
shall enter an order requiring the parties to proceed on the
complaint filed in the usual form of action. [1941 c 188 § 6;
Rem. Supp. 1941 § 814-6.]
59.08.070
59.08.070 Recall of writ—Bond. If the defendant feels
aggrieved at an order of restitution, he may within three days
after the entry of the order file a bond to be approved by the
court in double the amount of the rent found to be due, plus
two hundred dollars, conditioned for the payment and performance of any judgment rendered against him, and the court
shall thereupon enter an order for the parties to proceed in the
usual form of action, and recall the writ of restitution. [1941
c 188 § 7; Rem. Supp. 1941 § 814-7.]
59.08.020
59.08.020 Venue. The superior court of the county in
which the real property or some part thereof is situated shall
have jurisdiction of proceedings for the recovery of possession of said real property alleged to be wrongfully detained.
[1941 c 188 § 2; Rem. Supp. 1941 § 814-2.]
59.08.080
59.08.080 Complaint as notice to quit. The filing and
service of a complaint under this chapter shall be equivalent
to the notice required to pay rent or surrender possession
under RCW 59.12.030. [1941 c 188 § 8; Rem. Supp. 1941 §
814-8.]
59.08.030
59.08.030 Complaint. Such proceedings shall be commenced by the filing of a complaint executed under oath by
the owner or landlord or his authorized agent. It shall be sufficient to state in such complaint a description of the property
with reasonable certainty, that the defendant is in possession
thereof and wrongfully holds the same by reason of failure to
pay the agreed rental due, or the monthly rental value of the
premises. [1941 c 188 § 3; Rem. Supp. 1941 § 814-3.]
59.08.090
59.08.090 Sheriff’s fee. The sheriff’s fee shall be the
same as in other civil actions. [1961 c 304 § 7; 1941 c 188 §
9; Rem. Supp. 1941 § 814-9.]
County clerk’s fees: RCW 36.18.020.
Sheriff’s fees: RCW 36.18.040.
59.08.100
59.08.040
59.08.040 Order for hearing—Notice. Upon the filing
of such complaint it may be presented to the judge, and by
order he shall forthwith fix a place and time for the trial of
said cause, not more than ten days after the date of making
the order. A copy of the complaint, together with a copy of
the summons specifying the time and place for trial, shall be
served on the defendant not less than five days prior to the
time fixed for hearing in the manner provided for the service
of notice to quit in RCW 59.12.040. [1941 c 188 § 4; Rem.
Supp. 1941 § 814-4.]
59.08.050
59.08.050 Continuance. No continuance shall be
granted for a longer period than two days unless the defen[Title 59 RCW—page 2]
59.08.100 Indemnity bond not required—Liability
for damages. The plaintiff shall not be required to give bond
to the defendant or the sheriff for the issuance or execution of
the writ of restitution, and the sheriff shall not be liable for
damages to the defendant for the execution of the writ of restitution hereunder, but any such damage to which the defendant may be entitled shall be recoverable against the plaintiff
only. [1941 c 188 § 10; Rem. Supp. 1941 § 814-10.]
59.08.900
59.08.900 Chapter inapplicable to rental agreements
under landlord-tenant act. This chapter does not apply to
any rental agreement included under the provisions of chapter 59.18 RCW. [1973 1st ex.s. c 207 § 46.]
(2006 Ed.)
Forcible Entry and Forcible and Unlawful Detainer
Chapter 59.12 RCW
FORCIBLE ENTRY AND FORCIBLE AND
UNLAWFUL DETAINER
Chapter 59.12
Sections
59.12.010
59.12.020
59.12.030
59.12.035
59.12.040
59.12.050
59.12.060
59.12.070
59.12.080
59.12.090
59.12.091
59.12.100
59.12.110
59.12.120
59.12.121
59.12.130
59.12.140
59.12.150
59.12.160
59.12.170
59.12.180
59.12.190
59.12.200
59.12.210
59.12.220
59.12.230
Forcible entry defined.
Forcible detainer defined.
Unlawful detainer defined.
Holding over on agricultural land, effect of.
Service of notice—Proof of service.
Jurisdiction of proceedings.
Parties defendant.
Complaint—Summons.
Summons—Contents—Service.
Writ of restitution—Bond.
Writ of restitution under landlord-tenant act—RCW
59.12.090, 59.12.100, 59.12.121, and 59.12.170 inapplicable.
Service of writ—Bond to stay writ.
Modification of bond.
Judgment by default.
Pleading by defendant.
Jury—Actions given preference.
Proof in forcible entry and detainer.
Amendment to conform to proof.
Amendments.
Judgment—Execution.
Rules of practice.
Relief against forfeiture.
Appellate review—Stay bond.
Effect of stay bond.
Writ of restitution suspended pending appeal.
Forcible entry and detainer—Penalty.
Joint tenancies: Chapter 64.28 RCW.
Tenant’s violation of duty under landlord-tenant act grounds for unlawful
detainer action: RCW 59.18.180.
59.12.010
59.12.010 Forcible entry defined. Every person is
guilty of a forcible entry who either—(1) By breaking open
windows, doors or other parts of a house, or by fraud, intimidation or stealth, or by any kind of violence or circumstance
of terror, enters upon or into any real property; or—(2) Who,
after entering peaceably upon real property, turns out by
force, threats or menacing conduct the party in actual possession. [1891 c 96 § 1; RRS § 810. Prior: 1890 p 73 § 1.]
59.12.020
59.12.020 Forcible detainer defined. Every person is
guilty of a forcible detainer who either—(1) By force, or by
menaces and threats of violence, unlawfully holds and keeps
the possession of any real property, whether the same was
acquired peaceably or otherwise; or—(2) Who in the nighttime, or during the absence of the occupant of any real property, enters thereon, and who, after demand made for the surrender thereof, refuses for the period of three days to surrender the same to such former occupant. The occupant of real
property within the meaning of this subdivision is one who
for the five days next preceding such unlawful entry was in
the peaceable and undisturbed possession of such real property. [1891 c 96 § 2; RRS § 811. Prior: 1890 p 73 § 2.]
59.12.030
59.12.030 Unlawful detainer defined. A tenant of real
property for a term less than life is guilty of unlawful detainer
either:
(1) When he or she holds over or continues in possession, in person or by subtenant, of the property or any part
thereof after the expiration of the term for which it is let to
him or her. When real property is leased for a specified term
or period by express or implied contract, whether written or
(2006 Ed.)
59.12.035
oral, the tenancy shall be terminated without notice at the
expiration of the specified term or period;
(2) When he or she, having leased property for an indefinite time with monthly or other periodic rent reserved, continues in possession thereof, in person or by subtenant, after
the end of any such month or period, when the landlord, more
than twenty days prior to the end of such month or period, has
served notice (in manner in RCW 59.12.040 provided)
requiring him or her to quit the premises at the expiration of
such month or period;
(3) When he or she continues in possession in person or
by subtenant after a default in the payment of rent, and after
notice in writing requiring in the alternative the payment of
the rent or the surrender of the detained premises, served (in
manner in RCW 59.12.040 provided) in behalf of the person
entitled to the rent upon the person owing it, has remained
uncomplied with for the period of three days after service
thereof. The notice may be served at any time after the rent
becomes due;
(4) When he or she continues in possession in person or
by subtenant after a neglect or failure to keep or perform any
other condition or covenant of the lease or agreement under
which the property is held, including any covenant not to
assign or sublet, than one for the payment of rent, and after
notice in writing requiring in the alternative the performance
of such condition or covenant or the surrender of the property, served (in manner in RCW 59.12.040 provided) upon
him or her, and if there is a subtenant in actual possession of
the premises, also upon such subtenant, shall remain uncomplied with for ten days after service thereof. Within ten days
after the service of such notice the tenant, or any subtenant in
actual occupation of the premises, or any mortgagee of the
term, or other person interested in its continuance, may perform such condition or covenant and thereby save the lease
from such forfeiture;
(5) When he or she commits or permits waste upon the
demised premises, or when he or she sets up or carries on
thereon any unlawful business, or when he or she erects, suffers, permits, or maintains on or about the premises any nuisance, and remains in possession after the service (in manner
in RCW 59.12.040 provided) upon him or her of three days’
notice to quit;
(6) A person who, without the permission of the owner
and without having color of title thereto, enters upon land of
another and who fails or refuses to remove therefrom after
three days’ notice, in writing and served upon him or her in
the manner provided in RCW 59.12.040. Such person may
also be subject to the criminal provisions of chapter 9A.52
RCW; or
(7) When he or she commits or permits any gang-related
activity at the premises as prohibited by RCW 59.18.130.
[1998 c 276 § 6; 1983 c 264 § 1; 1953 c 106 § 1. Prior: 1905
c 86 § 1; 1891 c 96 § 3; 1890 p 73 § 3; RRS § 812.]
Termination of month to month tenancy: RCW 59.04.020, 59.18.200.
Unlawful detainer defined: RCW 59.16.010.
59.12.035
59.12.035 Holding over on agricultural land, effect
of. In all cases of tenancy upon agricultural lands, where the
tenant has held over and retained possession for more than
sixty days after the expiration of his term without any
[Title 59 RCW—page 3]
59.12.040
Title 59 RCW: Landlord and Tenant
demand or notice to quit by his landlord or the successor in
estate of his landlord, if any there be, he shall be deemed to
be holding by permission of his landlord or the successor in
estate of his landlord, if any there be, and shall be entitled to
hold under the terms of the lease for another full year, and
shall not be guilty of an unlawful detainer during said year,
and such holding over for the period aforesaid shall be taken
and construed as a consent on the part of a tenant to hold for
another year. [1891 c 96 § 4; RRS § 813. Formerly RCW
59.04.060.]
59.12.040
59.12.040 Service of notice—Proof of service. Any
notice provided for in this chapter shall be served either (1)
by delivering a copy personally to the person entitled thereto;
or (2) if he be absent from the premises unlawfully held, by
leaving there a copy, with some person of suitable age and
discretion, and sending a copy through the mail addressed to
the person entitled thereto at his place of residence; or (3) if
the person to be notified be a tenant, or an unlawful holder of
premises, and his place of residence is not known, or if a person of suitable age and discretion there cannot be found then
by affixing a copy of the notice in a conspicuous place on the
premises unlawfully held, and also delivering a copy to a person there residing, if such a person can be found, and also
sending a copy through the mail addressed to the tenant, or
unlawful occupant, at the place where the premises unlawfully held are situated. Service upon a subtenant may be made
in the same manner: PROVIDED, That in cases where the
tenant or unlawful occupant, shall be conducting a hotel, inn,
lodging house, boarding house, or shall be renting rooms
while still retaining control of the premises as a whole, that
the guests, lodgers, boarders or persons renting such rooms
shall not be considered as subtenants within the meaning of
this chapter, but all such persons may be served by affixing a
copy of the notice to be served in two conspicuous places
upon the premises unlawfully held; and such persons shall
not be necessary parties defendant in an action to recover
possession of said premises. Service of any notice provided
for in this chapter may be had upon a corporation by delivering a copy thereof to any officer, agent or person having
charge of the business of such corporation, at the premises
unlawfully held, and in case no such officer, agent or person
can be found upon such premises, then service may be had by
affixing a copy of such notice in a conspicuous place upon
said premises and by sending a copy through the mail
addressed to such corporation at the place where said premises are situated. Proof of any service under this section
may be made by the affidavit of the person making the same
in like manner and with like effect as the proof of service of
summons in civil actions. When a copy of notice is sent
through the mail, as provided in this section, service shall be
deemed complete when such copy is deposited in the United
States mail in the county in which the property is situated
properly addressed with postage prepaid: PROVIDED,
HOWEVER, That when service is made by mail one additional day shall be allowed before the commencement of an
action based upon such notice. RCW 59.18.375 may also
apply to notice given under this chapter. [1983 c 264 § 2;
1911 c 26 § 1; 1905 c 86 § 2; 1891 c 96 § 5; RRS § 814. Prior:
1890 p 75 § 4.]
[Title 59 RCW—page 4]
59.12.050
59.12.050 Jurisdiction of proceedings. The superior
court of the county in which the property or some part of it is
situated shall have jurisdiction of proceedings under this
chapter. [1891 c 96 § 6; RRS § 815. Prior: 1890 p 75 § 5.]
Venue and jurisdiction, generally: RCW 2.08.010 and chapter 4.12 RCW.
59.12.060
59.12.060 Parties defendant. No person other than the
tenant of the premises, and subtenant, if there be one, in the
actual occupation of the premises when the complaint is filed,
need be made parties defendant in any proceeding under this
chapter, nor shall any proceeding abate, nor the plaintiff be
nonsuited, for the nonjoinder of any person who might have
been made party defendant; but when it appears that any of
the parties served with process, or appearing in the proceeding, are guilty of the offense charged, judgment must be rendered against him. In case a person has become a subtenant of
the premises in controversy after the service of any notice in
this chapter provided for, the fact that such notice was not
served on such subtenant shall constitute no defense to the
action. All persons who enter the premises under the tenant,
after the commencement of the action hereunder, shall be
bound by the judgment the same as if they had been made
parties to the action. [1891 c 96 § 7; RRS § 816. Prior: 1890
p 75 § 6.]
59.12.070
59.12.070 Complaint—Summons. The plaintiff in his
or her complaint, which shall be in writing, must set forth the
facts on which he or she seeks to recover, and describe the
premises with reasonable certainty, and may set forth therein
any circumstances of fraud, force or violence, which may
have accompanied the forcible entry or forcible or unlawful
detainer, and claim damages therefor, or compensation for
the occupation of the premises, or both; in case the unlawful
detainer charged be after default in the payment of rent, the
complaint must state the amount of such rent. A summons
must be issued as in other cases, returnable at a day designated therein, which shall not be less than seven nor more
than thirty days from the date of service, except in cases
where the publication of summons is necessary, in which
case the court or judge thereof may order that the summons
be made returnable at such time as may be deemed proper,
and the summons shall specify the return day so fixed. [2005
c 130 § 1; 1927 c 123 § 1; 1891 c 96 § 8; RRS § 817. Prior:
1890 p 75 § 7.]
59.12.080
59.12.080 Summons—Contents—Service. The summons must state the names of the parties to the proceeding,
the court in which the same is brought, the nature of the
action, in concise terms, and the relief sought, and also the
return day; and must notify the defendant to appear and
answer within the time designated or that the relief sought
will be taken against him. The summons must be directed to
the defendant, and in case of summons by publication, be
served at least five days before the return day designated
therein. The summons must be served and returned in the
same manner as summons in other actions is served and
returned. [1927 c 123 § 2; 1891 c 96 § 9; RRS § 818. Prior:
1890 p 76 § 8.]
Summons, generally: RCW 4.28.080 through 4.28.110.
(2006 Ed.)
Forcible Entry and Forcible and Unlawful Detainer
59.12.090 Writ of restitution—Bond. The plaintiff at
the time of commencing an action of forcible entry or
detainer or unlawful detainer, or at any time afterwards, may
apply to the judge of the court in which the action is pending
for a writ of restitution restoring to the plaintiff the property
in the complaint described, and the judge shall order a writ of
restitution to issue. The writ shall be issued by the clerk of the
superior court in which the action is pending, and be returnable in twenty days after its date; but before any writ shall
issue prior to judgment the plaintiff shall execute to the
defendant and file in court a bond in such sum as the court or
judge may order, with sufficient surety to be approved by the
clerk, conditioned that the plaintiff will prosecute his action
without delay, and will pay all costs that may be adjudged to
the defendant, and all damages which he may sustain by reason of the writ of restitution having been issued, should the
same be wrongfully sued out. [1927 c 123 § 3; 1891 c 96 §
10; RRS § 819. Prior: 1890 p 77 § 9.]
59.12.090
59.12.150
application shall make such an order as shall be just in the
premises. The bondsmen may be required to be present at
such hearing if so required in the notice thereof, and shall
answer under oath all questions that may be asked them
touching their qualifications as bondsmen, and in the event
the bondsmen shall fail or refuse to appear at such hearing
and so answer such questions the bond shall be stricken. In
the event the court shall order a new or additional bond to be
furnished by defendant, and the same shall not be given
within twenty-four hours, the court shall order the sheriff to
forthwith execute the writ. In the event the defendant shall
file a second or additional bond and it shall also be found
insufficient after hearing, as above provided, the right to
retain the premises by bond shall be lost and the sheriff shall
forthwith put the plaintiff in possession of the premises.
[1905 c 86 § 4; 1891 c 96 § 12; RRS § 821. Prior: 1890 p 78
§ 11.]
59.12.120
59.12.091 Writ of restitution under landlord-tenant
act—RCW 59.12.090, 59.12.100, 59.12.121, and 59.12.170
inapplicable. See RCW 59.18.420.
59.12.091
59.12.100 Service of writ—Bond to stay writ. The
sheriff shall, upon receiving the writ of restitution, forthwith
serve a copy thereof upon the defendant, his agent or attorney, or a person in possession of the premises, and shall not
execute the same for three days thereafter, nor until after the
defendant has been served with summons in the action as
hereinabove provided, and the defendant, or person in possession of the premises within three days after the service of
the writ of restitution may execute to the plaintiff a bond to be
filed with and approved by the clerk of the court in such sum
as may be fixed by the judge, with sufficient surety to be
approved by the clerk of said court, conditioned that they will
pay to the plaintiff such sum as the plaintiff may recover for
the use and occupation of the said premises, or any rent found
due, together with all damages the plaintiff may sustain by
reason of the defendant occupying or keeping possession of
said premises, and also all the costs of the action. The plaintiff, his agent or attorneys, shall have notice of the time and
place where the court or judge thereof shall fix the amount of
the defendant’s bond, and shall have notice and a reasonable
opportunity to examine into the qualification and sufficiency
of the sureties upon said bond before said bond shall be
approved by the clerk. The writ may be served by the sheriff,
in the event he shall be unable to find the defendant, an agent
or attorney, or a person in possession of the premises, by
affixing a copy of said writ in a conspicuous place upon the
premises. [1927 c 123 § 4; 1905 c 86 § 3; 1891 c 96 § 11;
RRS § 820. Prior: 1890 p 77 § 10.]
59.12.100
59.12.120 Judgment by default. If on the date
appointed in the summons the defendant does not appear or
answer, the court shall render judgment in favor of the plaintiff as prayed for in the complaint. [1989 c 342 § 2; 1891 c 96
§ 13; RRS § 822. FORMER PART OF SECTION: 1891 c 96
§ 14 now codified as RCW 59.12.121.]
Severability—Effective date—1989 c 342: See RCW 59.18.910 and
59.18.911.
59.12.121
59.12.121 Pleading by defendant. On or before the
day fixed for his appearance the defendant may appear and
answer or demur. [1891 c 96 § 14; RRS § 823. Formerly
RCW 59.12.120, part.]
59.12.130
59.12.130 Jury—Actions given preference. Whenever an issue of fact is presented by the pleadings it must be
tried by a jury, unless such a jury be waived as in other cases.
The jury shall be formed in the same manner as other trial
juries in the court in which the action is pending; and in all
cases actions under this chapter shall take precedence of all
other civil actions. [1891 c 96 § 15; RRS § 824. Prior: 1890
p 79 § 15.]
59.12.140
59.12.140 Proof in forcible entry and detainer. On
the trial of any proceeding for any forcible entry or forcible
detainer the plaintiff shall only be required to show, in addition to a forcible entry complained of, that he was peaceably
in the actual possession at the time of the forcible entry; or, in
addition to a forcible detainer complained of, that he was
entitled to the possession at the time of the forcible detainer.
[1891 c 96 § 16; RRS § 825. Prior: 1890 p 79 § 16.]
59.12.150
59.12.110 Modification of bond. The plaintiff or
defendant at any time, upon two days’ notice to the adverse
party, may apply to the court or any judge thereof for an order
raising or lowering the amount of any bond in this chapter
provided for. Either party may, upon like notice, apply to the
court or any judge thereof for an order requiring additional or
other surety or sureties upon any such bond. Upon the hearing or any application made under the provisions of this section evidence may be given. The judge after hearing any such
59.12.110
(2006 Ed.)
59.12.150 Amendment to conform to proof. When
upon the trial of any proceeding under this chapter it appears
from the evidence that the defendant has been guilty of either
a forcible entry or a forcible or unlawful detainer, in respect
of the premises described in the complaint, and other than the
offense charged in the complaint, the judge must order that
such complaint be forthwith amended to conform to such
proofs; such amendment must be made without any imposition of terms. No continuance shall be permitted on account
of such amendment unless the defendant shows to the satis[Title 59 RCW—page 5]
59.12.160
Title 59 RCW: Landlord and Tenant
faction of the court good cause therefor. [1891 c 96 § 17;
RRS § 826. Prior: 1890 p 79 § 17.]
59.12.160
59.12.160 Amendments. Amendments may be allowed
by the court at any time before final judgment, upon such
terms as to the court may appear just, in the same cases and
manner and to the same extent as in civil actions. [1891 c 96
§ 19; RRS § 828. Prior: 1890 p 80 § 20.]
59.12.170
59.12.170 Judgment—Execution. If upon the trial the
verdict of the jury or, if the case be tried without a jury, the
finding of the court be in favor of the plaintiff and against the
defendant, judgment shall be entered for the restitution of the
premises; and if the proceeding be for unlawful detainer after
neglect or failure to perform any condition or covenant of a
lease or agreement under which the property is held, or after
default in the payment of rent, the judgment shall also declare
the forfeiture of the lease, agreement or tenancy. The jury, or
the court, if the proceedings be tried without a jury, shall also
assess the damages occasioned to the plaintiff by any forcible
entry, or by any forcible or unlawful detainer, alleged in the
complaint and proved on the trial, and, if the alleged unlawful
detainer be after default in the payment of rent, find the
amount of any rent due, and the judgment shall be rendered
against the defendant guilty of the forcible entry, forcible
detainer or unlawful detainer for twice the amount of damages thus assessed and of the rent, if any, found due. When
the proceeding is for an unlawful detainer after default in the
payment of rent, and the lease or agreement under which the
rent is payable has not by its terms expired, execution upon
the judgment shall not be issued until the expiration of five
days after the entry of the judgment, within which time the
tenant or any subtenant, or any mortgagee of the term, or
other party interested in its continuance, may pay into court
for the landlord the amount of the judgment and costs, and
thereupon the judgment shall be satisfied and the tenant
restored to his estate; but if payment, as herein provided, be
not made within five days the judgment may be enforced for
its full amount and for the possession of the premises. In all
other cases the judgment may be enforced immediately. If
writ of restitution shall have been executed prior to judgment
no further writ or execution for the premises shall be
required. [1891 c 96 § 18; RRS § 827. Prior: 1890 p 80 § 18.]
59.12.180
59.12.180 Rules of practice. Except as otherwise provided in this chapter, the provisions of the laws of this state
with reference to practice in civil actions are applicable to,
and constitute the rules of practice in the proceedings mentioned in this chapter; and the provisions of such laws relative
to new trials and appeals, except so far as they are inconsistent with the provisions of this chapter, shall be held to apply
to the proceedings mentioned in this chapter. [1891 c 96 §
20; RRS § 829. Prior: 1890 p 80 § 21.]
59.12.190
59.12.190 Relief against forfeiture. The court may
relieve a tenant against a forfeiture of a lease and restore him
to his former estate, as in other cases provided by law, where
application for such relief is made within thirty days after the
forfeiture is declared by the judgment of the court, as provided in this chapter. The application may be made by a ten[Title 59 RCW—page 6]
ant or subtenant, or a mortgagee of the term, or any person
interested in the continuance of the term. It must be made
upon petition, setting forth the facts upon which the relief is
sought, and be verified by the applicant. Notice of the application, with a copy of the petition, must be served on the
plaintiff in the judgment, who may appear and contest the
application. In no case shall the application be granted except
on condition that full payment of rent due, or full performance of conditions of covenants stipulated, so far as the
same is practicable, be first made. [1891 c 96 § 21; RRS §
830. Prior: 1890 p 80 § 22.]
59.12.200
59.12.200 Appellate review—Stay bond. A party
aggrieved by the judgment may seek appellate review of the
judgment as in other civil actions: PROVIDED, That if the
defendant appealing desires a stay of proceedings pending
review, the defendant shall execute and file a bond, with two
or more sufficient sureties to be approved by the judge, conditioned to abide the order of the court, and to pay all rents
and other damages justly accruing to the plaintiff during the
pendency of the proceeding. [1988 c 202 § 55; 1971 c 81 §
128; 1891 c 96 § 22; RRS § 831. Prior: 1890 p 80 § 23.]
Severability—1988 c 202: See note following RCW 2.24.050.
59.12.210
59.12.210 Effect of stay bond. When the defendant
shall appeal, and shall file a bond as provided in RCW
59.12.200, all further proceedings in the case shall be stayed
until the determination of said appeal and the same has been
remanded to the superior court for further proceedings
therein. [1891 c 96 § 23; RRS § 832. Prior: 1890 p 80 § 24.]
59.12.220
59.12.220 Writ of restitution suspended pending
appeal. If a writ of restitution has been issued previous to the
taking of an appeal by the defendant, and said defendant shall
execute and file a bond as provided in this chapter, the clerk
of the court, under the direction of the judge, shall forthwith
give the appellant a certificate of the allowance of such
appeal; and upon the service of such certificate upon the
officer having such writ of restitution the said officer shall
forthwith cease all further proceedings by virtue of such writ;
and if such writ has been completely executed the defendant
shall be restored to the possession of the premises, and shall
remain in possession thereof until the appeal is determined.
[1891 c 96 § 24; RRS § 833. Prior: 1890 p 81 § 25.]
59.12.230
59.12.230 Forcible entry and detainer—Penalty.
Every person who shall unlawfully use, or encourage or assist
another in unlawfully using, any force or violence in entering
upon or detaining any lands or other possessions of another;
and every person who, having removed or been removed
therefrom pursuant to the order or direction of any court, tribunal or officer, shall afterwards return to settle or reside
unlawfully upon, or take possession of, such lands or possessions, shall be guilty of a misdemeanor. [1909 c 249 § 306;
RRS § 2558. Prior: Code 1881 § 858; 1873 p 195 § 66; 1854
p 86 § 60.]
(2006 Ed.)
Unlawful Entry and Detainer
Chapter 59.16
Chapter 59.16 RCW
UNLAWFUL ENTRY AND DETAINER
Sections
59.16.010
59.16.020
59.16.030
59.16.040
Unlawful detainer defined.
Pleadings, requirements.
Issues—Trial.
Parties defendant—Trial of separate issues.
59.18.030
59.18.040
59.18.050
59.18.055
59.18.060
59.18.063
59.18.070
59.18.075
59.18.080
59.16.010
59.16.010 Unlawful detainer defined. That any person
who shall, without the permission of the owner and without
having any color of title thereto, enter upon the lands of
another, and shall refuse to remove therefrom after three
days’ notice, shall be deemed guilty of unlawful detainer and
may be removed from such lands. [1891 c 115 § 1; RRS §
834.]
59.18.085
59.18.090
59.18.100
59.18.110
Unlawful detainer defined: RCW 59.12.030.
59.16.020
59.16.020 Pleadings, requirements. The complaint in
all cases under the provisions of this chapter shall be upon
oath, and then [there] shall be embodied therein or amended
thereto an abstract of the plaintiff’s title, and the defendant
shall, in his answer, state whether he makes any claim of title
to the lands described in the complaint, and if he makes no
claim to the legal title but does claim a right to the possession
of such lands, he shall state upon what grounds he claims a
right to such possession. [1891 c 115 § 2; RRS § 835.]
59.16.030 Issues—Trial. It shall not be necessary for
the plaintiff, in proceedings under this chapter, to allege or
prove that the said lands were, at any time, actually occupied
prior to the defendant’s entry thereupon, but it shall be sufficient to allege that he is the legal owner and entitled to the
immediate possession thereof: PROVIDED, That if the
defendant shall, by his answer, deny such ownership and
shall state facts showing that he has a lawful claim to the possession thereof, the cause shall thereupon be entered for trial
upon the docket of the court in all respects as if the action
were brought under the provisions of *chapter XLVI of the
code of eighteen hundred and eighty-one. [1891 c 115 § 3;
RRS § 836.]
59.18.115
59.18.120
59.18.130
59.18.140
59.18.150
59.18.160
59.18.170
59.18.180
59.16.030
*Reviser’s note: "chapter XLVI of the code of eighteen hundred and
eighty-one" is codified as RCW 7.28.010, 7.28.110 through 7.28.150, and
7.28.190 through 7.28.270.
59.16.040
59.16.040 Parties defendant—Trial of separate
issues. All persons in actual possession of any portion of the
several subdivisions of any section of land, according to the
government surveys thereof, may be made defendants in one
action: PROVIDED, That they may, in their discretion, make
separate answers to the complaint, and if separate issues are
joined thereupon, the same shall nevertheless be tried as one
action, but the verdict, if tried by jury, shall find separately
upon the issues so joined, and judgment shall be rendered
according thereto. [1891 c 115 § 4; RRS § 837.]
Chapter 59.18 RCW
RESIDENTIAL LANDLORD-TENANT ACT
Chapter 59.18
(2006 Ed.)
59.18.210
59.18.220
59.18.230
59.18.240
59.18.250
59.18.253
59.18.257
59.18.260
59.18.270
59.18.280
59.18.285
59.18.290
59.18.300
59.18.310
59.18.312
59.18.315
59.18.320
59.18.330
59.18.340
59.18.350
59.18.352
59.18.354
Sections
59.18.010
59.18.020
59.18.190
59.18.200
Short title.
Rights and remedies—Obligation of good faith imposed.
59.18.360
59.18.365
Chapter 59.18
Definitions.
Living arrangements exempted from chapter.
Jurisdiction of district and superior courts.
Notice—Alternative procedure—Court’s jurisdiction limited—Application to chapter 59.20 RCW.
Landlord—Duties.
Landlord—Provide written receipt upon request.
Landlord—Failure to perform duties—Notice from tenant—
Contents—Time limits for landlord’s remedial action.
Seizure of illegal drugs—Notification of landlord.
Payment of rent condition to exercising remedies—Exceptions.
Rental of condemned or unlawful dwelling—Tenant’s remedies—Relocation assistance—Penalties.
Landlord’s failure to remedy defective condition—Tenant’s
choice of actions.
Landlord’s failure to carry out duties—Repairs effected by
tenant—Procedure—Deduction of cost from rent—Limitations.
Failure of landlord to carry out duties—Determination by
court or arbitrator—Judgment against landlord for diminished rental value and repair costs—Enforcement of judgment—Reduction in rent under certain conditions.
Substandard and dangerous conditions—Notice to landlord—
Government certification—Escrow account.
Defective condition—Unfeasible to remedy defect—Termination of tenancy.
Duties of tenant.
Reasonable obligations or restrictions—Tenant’s duty to conform.
Landlord’s right of entry—Purposes—Searches by fire officials—Conditions.
Landlord’s remedies if tenant fails to remedy defective condition.
Landlord to give notice if tenant fails to carry out duties.
Tenant’s failure to comply with statutory duties—Landlord to
give tenant written notice of noncompliance—Landlord’s
remedies.
Notice to tenant to remedy nonconformance.
Tenancy from month to month or for rental period—Termination—Armed Forces exception—Exclusion of children or
conversion to condominium—Notice.
Tenancies from year to year except under written contract.
Termination of tenancy for a specified time—Armed forces
exception.
Waiver of chapter provisions prohibited—Provisions prohibited from rental agreement—Distress for rent abolished—
Detention of personal property for rent—Remedies.
Reprisals or retaliatory actions by landlord—Prohibited.
Reprisals or retaliatory actions by landlord—Presumptions—
Rebuttal—Costs.
Deposit to secure occupancy by tenant—Landlord’s duties—
Violation.
Screening of tenants—Costs—Notice to tenant—Violation.
Moneys paid as deposit or security for performance by tenant—Written rental agreement to specify terms and conditions for retention by landlord—Written checklist required.
Moneys paid as deposit or security for performance by tenant—Deposit by landlord in trust account—Receipt—
Claims.
Moneys paid as deposit or security for performance by tenant—Statement and notice of basis for retention—Remedies
for landlord’s failure to make refund.
Nonrefundable fees not to be designated as deposit—Written
rental agreement required.
Removal or exclusion of tenant from premises—Holding over
or excluding landlord from premises after termination date.
Termination of tenant’s utility services—Tenant causing loss
of landlord provided utility services.
Default in rent—Abandonment—Liability of tenant—Landlord’s remedies—Sale of tenant’s property by landlord.
Writ of restitution—Storage and sale of tenant’s property—
Use of proceeds from sale.
Mediation of disputes by independent third party.
Arbitration—Authorized—Exceptions—Notice—Procedure.
Arbitration—Application—Hearings—Decisions.
Arbitration—Fee.
Arbitration—Completion of arbitration after giving notice.
Threatening behavior by tenant—Termination of agreement—
Written notice—Financial obligations.
Threatening behavior by landlord—Termination of agreement—Financial obligations.
Exemptions.
Unlawful detainer action—Summons—Form.
[Title 59 RCW—page 7]
59.18.010
59.18.370
59.18.375
59.18.380
59.18.390
59.18.400
59.18.410
59.18.415
59.18.420
59.18.430
59.18.440
59.18.450
59.18.500
59.18.510
59.18.550
59.18.570
59.18.575
59.18.580
59.18.585
59.18.900
59.18.910
59.18.911
Title 59 RCW: Landlord and Tenant
Forcible entry or detainer or unlawful detainer actions—Writ
of restitution—Application—Order—Hearing.
Forcible entry or detainer or unlawful detainer actions—Payment of rent into court registry—Writ of restitution—Notice.
Forcible entry or detainer or unlawful detainer actions—Writ
of restitution—Answer—Order—Stay—Bond.
Forcible entry or detainer or unlawful detainer actions—Writ
of restitution—Service—Defendant’s bond.
Forcible entry or detainer or unlawful detainer actions—Writ
of restitution—Answer of defendant.
Forcible entry or detainer or unlawful detainer actions—Writ
of restitution—Judgment—Execution.
Applicability to certain single family dwelling leases.
RCW 59.12.090, 59.12.100, 59.12.121, and 59.12.170 inapplicable.
Applicability to prior, existing or future leases.
Relocation assistance for low-income tenants—Certain cities,
towns, counties, municipal corporations authorized to
require.
Relocation assistance for low-income tenants—Payments not
considered income—Eligibility for other assistance not
affected.
Gang-related activity—Legislative findings, declarations, and
intent.
Gang-related activity—Notice and demand the landlord commence unlawful detainer action—Petition to court—Attorneys’ fees.
Drug and alcohol free housing—Program of recovery—
Terms—Application of chapter.
Victim protection—Definitions.
Victim protection—Notice to landlord—Termination of rental
agreement—Procedures.
Victim protection—Limitation on landlord’s rental decisions.
Victim protection—Possession of dwelling unit—Exclusion
of others—New lock or key.
Severability—1973 1st ex.s. c 207.
Severability—1989 c 342.
Effective date—1989 c 342.
Reviser’s note: This chapter was revised pursuant to Washington
Ass’n. of Apartment Ass’ns., Inc. vs. Evans, 88 Wn. 2d. 563 (1977), which
declared invalid the fourteen item and section vetoes to 1973 Engrossed Substitute Senate Bill No. 2226 (1973 1st ex.s. c 207).
Filing fees for unlawful detainer actions: RCW 36.18.012.
Smoke detection devices in dwelling units required: RCW 43.44.110.
59.18.010
59.18.010 Short title. RCW 59.18.010 through
59.18.420 and 59.18.900 shall be known and may be cited as
the "Residential Landlord-Tenant Act of 1973", and shall
constitute a new chapter in Title 59 RCW. [1973 1st ex.s. c
207 § 1.]
59.18.020
59.18.020 Rights and remedies—Obligation of good
faith imposed. Every duty under this chapter and every act
which must be performed as a condition precedent to the
exercise of a right or remedy under this chapter imposes an
obligation of good faith in its performance or enforcement.
[1973 1st ex.s. c 207 § 2.]
59.18.030
59.18.030 Definitions. As used in this chapter:
(1) "Dwelling unit" is a structure or that part of a structure which is used as a home, residence, or sleeping place by
one person or by two or more persons maintaining a common
household, including but not limited to single family residences and units of multiplexes, apartment buildings, and
mobile homes.
(2) "Landlord" means the owner, lessor, or sublessor of
the dwelling unit or the property of which it is a part, and in
addition means any person designated as representative of the
landlord.
(3) "Person" means an individual, group of individuals,
corporation, government, or governmental agency, business
[Title 59 RCW—page 8]
trust, estate, trust, partnership, or association, two or more
persons having a joint or common interest, or any other legal
or commercial entity.
(4) "Owner" means one or more persons, jointly or severally, in whom is vested:
(a) All or any part of the legal title to property; or
(b) All or part of the beneficial ownership, and a right to
present use and enjoyment of the property.
(5) "Premises" means a dwelling unit, appurtenances
thereto, grounds, and facilities held out for the use of tenants
generally and any other area or facility which is held out for
use by the tenant.
(6) "Rental agreement" means all agreements which
establish or modify the terms, conditions, rules, regulations,
or any other provisions concerning the use and occupancy of
a dwelling unit.
(7) A "single family residence" is a structure maintained
and used as a single dwelling unit. Notwithstanding that a
dwelling unit shares one or more walls with another dwelling
unit, it shall be deemed a single family residence if it has
direct access to a street and shares neither heating facilities
nor hot water equipment, nor any other essential facility or
service, with any other dwelling unit.
(8) A "tenant" is any person who is entitled to occupy a
dwelling unit primarily for living or dwelling purposes under
a rental agreement.
(9) "Reasonable attorney’s fees", where authorized in
this chapter, means an amount to be determined including the
following factors: The time and labor required, the novelty
and difficulty of the questions involved, the skill requisite to
perform the legal service properly, the fee customarily
charged in the locality for similar legal services, the amount
involved and the results obtained, and the experience, reputation and ability of the lawyer or lawyers performing the services.
(10) "Gang" means a group that: (a) Consists of three or
more persons; (b) has identifiable leadership or an identifiable name, sign, or symbol; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.
(11) "Gang-related activity" means any activity that
occurs within the gang or advances a gang purpose. [1998 c
276 § 1; 1973 1st ex.s. c 207 § 3.]
59.18.040 Living arrangements exempted from chapter. The following living arrangements are not intended to be
governed by the provisions of this chapter, unless established
primarily to avoid its application, in which event the provisions of this chapter shall control:
(1) Residence at an institution, whether public or private,
where residence is merely incidental to detention or the provision of medical, religious, educational, recreational, or similar services, including but not limited to correctional facilities, licensed nursing homes, monasteries and convents, and
hospitals;
(2) Occupancy under a bona fide earnest money agreement to purchase or contract of sale of the dwelling unit or the
property of which it is a part, where the tenant is, or stands in
the place of, the purchaser;
(3) Residence in a hotel, motel, or other transient lodging
whose operation is defined in RCW 19.48.010;
59.18.040
(2006 Ed.)
Residential Landlord-Tenant Act
(4) Rental agreements entered into pursuant to the provisions of chapter 47.12 RCW where occupancy is by an
owner-condemnee and where such agreement does not violate the public policy of this state of ensuring decent, safe,
and sanitary housing and is so certified by the consumer protection division of the attorney general’s office;
(5) Rental agreements for the use of any single family
residence which are incidental to leases or rentals entered into
in connection with a lease of land to be used primarily for
agricultural purposes;
(6) Rental agreements providing housing for seasonal
agricultural employees while provided in conjunction with
such employment;
(7) Rental agreements with the state of Washington,
department of natural resources, on public lands governed by
Title 79 RCW;
(8) Occupancy by an employee of a landlord whose right
to occupy is conditioned upon employment in or about the
premises. [1989 c 342 § 3; 1973 1st ex.s. c 207 § 4.]
59.18.050
59.18.050 Jurisdiction of district and superior courts.
The district or superior courts of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter or with respect to
any claim arising from a transaction subject to this chapter
within the respective jurisdictions of the district or superior
courts as provided in Article IV, section 6 of the Constitution
of the state of Washington. [1973 1st ex.s. c 207 § 5.]
59.18.055
59.18.055 Notice—Alternative procedure—Court’s
jurisdiction limited—Application to chapter 59.20 RCW.
(1) When the plaintiff, after the exercise of due diligence, is
unable to personally serve the summons on the defendant, the
court may authorize the alternative means of service
described herein. Upon filing of an affidavit from the person
or persons attempting service describing those attempts, and
the filing of an affidavit from the plaintiff, plaintiff’s agent,
or plaintiff’s attorney stating the belief that the defendant
cannot be found, the court may enter an order authorizing service of the summons as follows:
(a) The summons and complaint shall be posted in a conspicuous place on the premises unlawfully held, not less than
nine days from the return date stated in the summons; and
(b) Copies of the summons and complaint shall be
deposited in the mail, postage prepaid, by both regular mail
and certified mail directed to the defendant’s or defendants’
last known address not less than nine days from the return
date stated in the summons.
When service on the defendant or defendants is accomplished by this alternative procedure, the court’s jurisdiction
is limited to restoring possession of the premises to the plaintiff and no money judgment may be entered against the
defendant or defendants until such time as jurisdiction over
the defendant or defendants is obtained.
(2) This section shall apply to this chapter and chapter
59.20 RCW. [1997 c 86 § 1; 1989 c 342 § 14.]
59.18.060
59.18.060 Landlord—Duties. The landlord will at all
times during the tenancy keep the premises fit for human habitation, and shall in particular:
(2006 Ed.)
59.18.060
(1) Maintain the premises to substantially comply with
any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative
body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition substantially endangers or impairs the health or safety of
the tenant;
(2) Maintain the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components in
reasonably good repair so as to be usable and capable of
resisting any and all normal forces and loads to which they
may be subjected;
(3) Keep any shared or common areas reasonably clean,
sanitary, and safe from defects increasing the hazards of fire
or accident;
(4) Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of
the tenancy and, except in the case of a single family residence, control infestation during tenancy except where such
infestation is caused by the tenant;
(5) Except where the condition is attributable to normal
wear and tear, make repairs and arrangements necessary to
put and keep the premises in as good condition as it by law or
rental agreement should have been, at the commencement of
the tenancy;
(6) Provide reasonably adequate locks and furnish keys
to the tenant;
(7) Maintain all electrical, plumbing, heating, and other
facilities and appliances supplied by him in reasonably good
working order;
(8) Maintain the dwelling unit in reasonably weathertight condition;
(9) Except in the case of a single family residence, provide and maintain appropriate receptacles in common areas
for the removal of ashes, rubbish, and garbage, incidental to
the occupancy and arrange for the reasonable and regular
removal of such waste;
(10) Except where the building is not equipped for the
purpose, provide facilities adequate to supply heat and water
and hot water as reasonably required by the tenant;
(11)(a) Provide a written notice to all tenants disclosing
fire safety and protection information. The landlord or his or
her authorized agent must provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection
device as required in *RCW 48.48.140. The notice shall
inform the tenant of the tenant’s responsibility to maintain
the smoke detection device in proper operating condition and
of penalties for failure to comply with the provisions of
*RCW 48.48.140(3). The notice must be signed by the landlord or the landlord’s authorized agent and tenant with copies
provided to both parties. Further, except with respect to a
single-family residence, the written notice must also disclose
the following:
(i) Whether the smoke detection device is hard-wired or
battery operated;
(ii) Whether the building has a fire sprinkler system;
(iii) Whether the building has a fire alarm system;
(iv) Whether the building has a smoking policy, and
what that policy is;
[Title 59 RCW—page 9]
59.18.063
Title 59 RCW: Landlord and Tenant
(v) Whether the building has an emergency notification
plan for the occupants and, if so, provide a copy to the occupants;
(vi) Whether the building has an emergency relocation
plan for the occupants and, if so, provide a copy to the occupants; and
(vii) Whether the building has an emergency evacuation
plan for the occupants and, if so, provide a copy to the occupants.
(b) The information required under this subsection may
be provided to a tenant in a multifamily residential building
either as a written notice or as a checklist that discloses
whether the building has fire safety and protection devices
and systems. The checklist shall include a diagram showing
the emergency evacuation routes for the occupants.
(c) The written notice or checklist must be provided to
new tenants at the time the lease or rental agreement is
signed, and must be provided to current tenants as soon as
possible, but not later than January 1, 2004;
(12) Provide tenants with information provided or
approved by the department of health about the health hazards associated with exposure to indoor mold. Information
may be provided in written format individually to each tenant, or may be posted in a visible, public location at the dwelling unit property. The information must detail how tenants
can control mold growth in their dwelling units to minimize
the health risks associated with indoor mold. Landlords may
obtain the information from the department’s web site or, if
requested by the landlord, the department must mail the
information to the landlord in a printed format. When developing or changing the information, the department of health
must include representatives of landlords in the development
process. The information must be provided by the landlord to
new tenants at the time the lease or rental agreement is
signed, and must be provided to current tenants no later than
January 1, 2006, or must be posted in a visible, public location at the dwelling unit property beginning July 24, 2005;
(13) The landlord and his or her agents and employees
are immune from civil liability for failure to comply with
subsection (12) of this section except where the landlord and
his or her agents and employees knowingly and intentionally
do not comply with subsection (12) of this section; and
(14) Designate to the tenant the name and address of the
person who is the landlord by a statement on the rental agreement or by a notice conspicuously posted on the premises.
The tenant shall be notified immediately of any changes by
certified mail or by an updated posting. If the person designated in this section does not reside in the state where the premises are located, there shall also be designated a person who
resides in the county who is authorized to act as an agent for
the purposes of service of notices and process, and if no designation is made of a person to act as agent, then the person
to whom rental payments are to be made shall be considered
such agent;
No duty shall devolve upon the landlord to repair a
defective condition under this section, nor shall any defense
or remedy be available to the tenant under this chapter, where
the defective condition complained of was caused by the conduct of such tenant, his family, invitee, or other person acting
under his control, or where a tenant unreasonably fails to
allow the landlord access to the property for purposes of
[Title 59 RCW—page 10]
repair. When the duty imposed by subsection (1) of this section is incompatible with and greater than the duty imposed
by any other provisions of this section, the landlord’s duty
shall be determined pursuant to subsection (1) of this section.
[2005 c 465 § 2; 2002 c 259 § 1; 1991 c 154 § 2; 1973 1st
ex.s. c 207 § 6.]
*Reviser’s note: RCW 48.48.140 was recodified as RCW 43.44.110
pursuant to 2006 c 25 § 13.
Finding—2005 c 465: "The legislature finds that residents of the state
face preventable exposures to mold in their homes, apartments, and schools.
Exposure to mold, and the toxins they produce, have been found to have
adverse health effects, including loss of memory and impairment of the ability to think coherently and function in a job, and may cause fatigue, nausea,
and headaches.
As steps can be taken by landlords and tenants to minimize exposure to
indoor mold, and as the reduction of exposure to mold in buildings could
reduce the rising number of mold-related claims submitted to insurance companies and increase the availability of coverage, the legislature supports providing tenants and landlords with information designed to minimize the public’s exposure to mold." [2005 c 465 § 1.]
59.18.063
59.18.063 Landlord—Provide written receipt upon
request. A landlord shall provide, upon the request of a tenant, a written receipt for any payments made by the tenant.
[1997 c 84 § 1.]
59.18.070
59.18.070 Landlord—Failure to perform duties—
Notice from tenant—Contents—Time limits for landlord’s remedial action. If at any time during the tenancy the
landlord fails to carry out the duties required by RCW
59.18.060 or by the rental agreement, the tenant may, in addition to pursuit of remedies otherwise provided him by law,
deliver written notice to the person designated in *RCW
59.18.060(11), or to the person who collects the rent, which
notice shall specify the premises involved, the name of the
owner, if known, and the nature of the defective condition.
The landlord shall commence remedial action after receipt of
such notice by the tenant as soon as possible but not later than
the following time periods, except where circumstances are
beyond the landlord’s control:
(1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat,
or electricity, or is imminently hazardous to life;
(2) Not more than seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator,
range and oven, or a major plumbing fixture supplied by the
landlord; and
(3) Not more than ten days in all other cases.
In each instance the burden shall be on the landlord to
see that remedial work under this section is completed
promptly. If completion is delayed due to circumstances
beyond the landlord’s control, including the unavailability of
financing, the landlord shall remedy the defective condition
as soon as possible. [1989 c 342 § 4; 1973 1st ex.s. c 207 §
7.]
*Reviser’s note: RCW 59.18.060 was amended by 1991 c 154 § 2,
changing subsection (11) to subsection (12). RCW 59.18.060 was subsequently amended by 2005 c 465 § 2, changing subsection (12) to subsection
(14).
59.18.075
59.18.075 Seizure of illegal drugs—Notification of
landlord. (1) Any law enforcement agency which seizes a
legend drug pursuant to a violation of chapter 69.41 RCW, a
(2006 Ed.)
Residential Landlord-Tenant Act
controlled substance pursuant to a violation of chapter 69.50
RCW, or an imitation controlled substance pursuant to a violation of chapter 69.52 RCW, shall make a reasonable
attempt to discover the identity of the landlord and shall
notify the landlord in writing, at the last address listed in the
property tax records and at any other address known to the
law enforcement agency, of the seizure and the location of
the seizure of the illegal drugs or substances.
(2) Any law enforcement agency which arrests a tenant
for threatening another tenant with a firearm or other deadly
weapon, or for some other unlawful use of a firearm or other
deadly weapon on the rental premises, or for physically
assaulting another person on the rental premises, shall make
a reasonable attempt to discover the identity of the landlord
and notify the landlord about the arrest in writing, at the last
address listed in the property tax records and at any other
address known to the law enforcement agency. [1992 c 38 §
4; 1988 c 150 § 11.]
Intent—Effective date—1992 c 38: See notes following RCW
59.18.352.
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
59.18.080
59.18.080 Payment of rent condition to exercising
remedies—Exceptions. The tenant shall be current in the
payment of rent including all utilities which the tenant has
agreed in the rental agreement to pay before exercising any of
the remedies accorded him under the provisions of this chapter: PROVIDED, That this section shall not be construed as
limiting the tenant’s civil remedies for negligent or intentional damages: PROVIDED FURTHER, That this section
shall not be construed as limiting the tenant’s right in an
unlawful detainer proceeding to raise the defense that there is
no rent due and owing. [1973 1st ex.s. c 207 § 8.]
59.18.085
59.18.085 Rental of condemned or unlawful dwelling—Tenant’s remedies—Relocation assistance—Penalties. (1) If a governmental agency responsible for the
enforcement of a building, housing, or other appropriate code
has notified the landlord that a dwelling is condemned or
unlawful to occupy due to the existence of conditions that
violate applicable codes, statutes, ordinances, or regulations,
a landlord shall not enter into a rental agreement for the
dwelling unit until the conditions are corrected.
(2) If a landlord knowingly violates subsection (1) of this
section, the tenant shall recover either three months’ periodic
rent or up to treble the actual damages sustained as a result of
the violation, whichever is greater, costs of suit, or arbitration
and reasonable attorneys’ fees. If the tenant elects to terminate the tenancy as a result of the conditions leading to the
posting, or if the appropriate governmental agency requires
that the tenant vacate the premises, the tenant also shall
recover:
(a) The entire amount of any deposit prepaid by the tenant; and
(b) All prepaid rent.
(3)(a) If a governmental agency responsible for the
enforcement of a building, housing, or other appropriate code
has notified the landlord that a dwelling will be condemned
or will be unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or
(2006 Ed.)
59.18.085
regulations, a landlord, who knew or should have known of
the existence of these conditions, shall be required to pay
relocation assistance to the displaced tenants except that:
(i) A landlord shall not be required to pay relocation
assistance to any displaced tenant in a case in which the condemnation or no occupancy order affects one or more dwelling units and directly results from conditions caused by a tenant’s or any third party’s illegal conduct without the landlord’s prior knowledge;
(ii) A landlord shall not be required to pay relocation
assistance to any displaced tenant in a case in which the condemnation or no occupancy order affects one or more dwelling units and results from conditions arising from a natural
disaster such as, but not exclusively, an earthquake, tsunami,
wind storm, or hurricane; and
(iii) A landlord shall not be required to pay relocation
assistance to any displaced tenant in a case in which a condemnation affects one or more dwelling units and the tenant’s
displacement is a direct result of the acquisition of the property by eminent domain.
(b) Relocation assistance provided to displaced tenants
under this subsection shall be the greater amount of two thousand dollars per dwelling unit or three times the monthly rent.
In addition to relocation assistance, the landlord shall be
required to pay to the displaced tenants the entire amount of
any deposit prepaid by the tenant and all prepaid rent.
(c) The landlord shall pay relocation assistance and any
prepaid deposit and prepaid rent to displaced tenants within
seven days of the governmental agency sending notice of the
condemnation, eviction, or displacement order to the landlord. The landlord shall pay relocation assistance and any
prepaid deposit and prepaid rent either by making individual
payments by certified check to displaced tenants or by providing a certified check to the governmental agency ordering
condemnation, eviction, or displacement, for distribution to
the displaced tenants. If the landlord fails to complete payment of relocation assistance within the period required
under this subsection, the city, town, county, or municipal
corporation may advance the cost of the relocation assistance
payments to the displaced tenants.
(d) During the period from the date that a governmental
agency responsible for the enforcement of a building, housing, or other appropriate code first notifies the landlord of
conditions that violate applicable codes, statutes, ordinances,
or regulations to the time that relocation assistance payments
are paid to eligible tenants, or the conditions leading to the
notification are corrected, the landlord may not:
(i) Evict, harass, or intimidate tenants into vacating their
units for the purpose of avoiding or diminishing application
of this section;
(ii) Reduce services to any tenant; or
(iii) Materially increase or change the obligations of any
tenant, including but not limited to any rent increase.
(e) Displaced tenants shall be entitled to recover any
relocation assistance, prepaid deposits, and prepaid rent
required by (b) of this subsection. In addition, displaced tenants shall be entitled to recover any actual damages sustained
by them as a result of the condemnation, eviction, or displacement that exceed the amount of relocation assistance
that is payable. In any action brought by displaced tenants to
recover any payments or damages required or authorized by
[Title 59 RCW—page 11]
59.18.090
Title 59 RCW: Landlord and Tenant
this subsection (3)(e) or (c) of this subsection that are not paid
by the landlord or advanced by the city, town, county, or
municipal corporation, the displaced tenants shall also be
entitled to recover their costs of suit or arbitration and reasonable attorneys’ fees.
(f) If, after sixty days from the date that the city, town,
county, or municipal corporation first advanced relocation
assistance funds to the displaced tenants, a landlord has failed
to repay the amount of relocation assistance advanced by the
city, town, county, or municipal corporation under (c) of this
subsection, then the city, town, county, or municipal corporation shall assess civil penalties in the amount of fifty dollars
per day for each tenant to whom the city, town, county, or
municipal corporation has advanced a relocation assistance
payment.
(g) In addition to the penalties set forth in (f) of this subsection, interest will accrue on the amount of relocation assistance paid by the city, town, county, or municipal corporation
for which the property owner has not reimbursed the city,
town, county, or municipal corporation. The rate of interest
shall be the maximum legal rate of interest permitted under
RCW 19.52.020, commencing thirty days after the date that
the city first advanced relocation assistance funds to the displaced tenants.
(h) If the city, town, county, or municipal corporation
must initiate legal action in order to recover the amount of
relocation assistance payments that it has advanced to lowincome tenants, including any interest and penalties under (f)
and (g) of this subsection, the city, town, county, or municipal corporation shall be entitled to attorneys’ fees and costs
arising from its legal action.
(4) The government agency that has notified the landlord
that a dwelling will be condemned or will be unlawful to
occupy shall notify the displaced tenants that they may be
entitled to relocation assistance under this section.
(5) No payment received by a displaced tenant under this
section may be considered as income for the purpose of determining the eligibility or extent of eligibility of any person for
assistance under any state law or for the purposes of any tax
imposed under Title 82 RCW, and the payments shall not be
deducted from any amount to which any recipient would otherwise be entitled under Title 74 RCW. [2005 c 364 § 2;
1989 c 342 § 13.]
Purpose—2005 c 364: "The people of the state of Washington deserve
decent, safe, and sanitary housing. Certain tenants in the state of Washington
have remained in rental housing that does not meet the state’s minimum standards for health and safety because they cannot afford to pay the costs of
relocation in advance of occupying new, safe, and habitable housing. In
egregious cases, authorities have been forced to condemn property when
landlords have failed to remedy building code or health code violations after
repeated notice, and, as a result, families with limited financial resources
have been displaced and left with nowhere to go.
The purpose of this act is to establish a process by which displaced tenants would receive funds for relocation from landlords who fail to provide
safe and sanitary housing after due notice of building code or health code
violations. It is also the purpose of this act to provide enforcement mechanisms to cities, towns, counties, or municipal corporations including the ability to advance relocation funds to tenants who are displaced as a result of a
landlord’s failure to remedy building code or health code violations and later
to collect the full amounts of these relocation funds, along with interest and
penalties, from landlords." [2005 c 364 § 1.]
Construction—2005 c 364: "The powers and authority conferred by
this act are in addition and supplemental to powers or authority conferred by
any other law or authority, and nothing contained herein shall be construed
to preempt any local ordinance requiring relocation assistance to tenants dis[Title 59 RCW—page 12]
placed by a landlord’s failure to remedy building code or health code violations." [2005 c 364 § 4.]
59.18.090
59.18.090 Landlord’s failure to remedy defective
condition—Tenant’s choice of actions. If, after receipt of
written notice, and expiration of the applicable period of
time, as provided in RCW 59.18.070, the landlord fails to
remedy the defective condition within a reasonable time the
tenant may:
(1) Terminate the rental agreement and quit the premises
upon written notice to the landlord without further obligation
under the rental agreement, in which case he shall be discharged from payment of rent for any period following the
quitting date, and shall be entitled to a pro rata refund of any
prepaid rent, and shall receive a full and specific statement of
the basis for retaining any of the deposit together with any
refund due in accordance with RCW 59.18.280;
(2) Bring an action in an appropriate court, or at arbitration if so agreed, for any remedy provided under this chapter
or otherwise provided by law; or
(3) Pursue other remedies available under this chapter.
[1973 1st ex.s. c 207 § 9.]
59.18.100
59.18.100 Landlord’s failure to carry out duties—
Repairs effected by tenant—Procedure—Deduction of
cost from rent—Limitations. (1) If at any time during the
tenancy, the landlord fails to carry out any of the duties
imposed by RCW 59.18.060, and notice of the defect is given
to the landlord pursuant to RCW 59.18.070, the tenant may
submit to the landlord or his designated agent by certified
mail or in person a good faith estimate by the tenant of the
cost to perform the repairs necessary to correct the defective
condition if the repair is to be done by licensed or registered
persons, or if no licensing or registration requirement applies
to the type of work to be performed, the cost if the repair is to
be done by responsible persons capable of performing such
repairs. Such estimate may be submitted to the landlord at the
same time as notice is given pursuant to RCW 59.18.070:
PROVIDED, That the remedy provided in this section shall
not be available for a landlord’s failure to carry out the duties
in *RCW 59.18.060 (9), and (11): PROVIDED FURTHER,
That if the tenant utilizes this section for repairs pursuant to
RCW 59.18.060(6), the tenant shall promptly provide the
landlord with a key to any new or replaced locks. The amount
the tenant may deduct from the rent may vary from the estimate, but cannot exceed the one-month limit as described in
subsection (2) of this section.
(2) If the landlord fails to commence remedial action of
the defective condition within the applicable time period after
receipt of notice and the estimate from the tenant, the tenant
may contract with a licensed or registered person, or with a
responsible person capable of performing the repair if no
license or registration is required, to make the repair, and
upon the completion of the repair and an opportunity for
inspection by the landlord or his designated agent, the tenant
may deduct the cost of repair from the rent in an amount not
to exceed the sum expressed in dollars representing one
month’s rental of the tenant’s unit per repair: PROVIDED,
That when the landlord must commence to remedy the defective condition within ten days as provided in RCW
59.18.070(3), the tenant cannot contract for repairs for ten
(2006 Ed.)
Residential Landlord-Tenant Act
days after notice or five days after the landlord receives the
estimate, whichever is later: PROVIDED FURTHER, That
the total costs of repairs deducted in any twelve-month period
under this subsection shall not exceed the sum expressed in
dollars representing two month’s rental of the tenant’s unit.
(3) If the landlord fails to carry out the duties imposed by
RCW 59.18.060 within the applicable time period, and if the
cost of repair does not exceed one-half month’s rent, including the cost of materials and labor, which shall be computed
at the prevailing rate in the community for the performance of
such work, and if repair of the condition need not by law be
performed only by licensed or registered persons, and if the
tenant has given notice under RCW 59.18.070, although no
estimate shall be necessary under this subsection, the tenant
may repair the defective condition in a workmanlike manner
and upon completion of the repair and an opportunity for
inspection, the tenant may deduct the cost of repair from the
rent: PROVIDED, That repairs under this subsection are limited to defects within the leased premises: PROVIDED
FURTHER, That the cost per repair shall not exceed one-half
month’s rent of the unit and that the total costs of repairs
deducted in any twelve-month period under this subsection
shall not exceed one month’s rent of the unit.
(4) The provisions of this section shall not:
(a) Create a relationship of employer and employee
between landlord and tenant; or
(b) Create liability under the workers’ compensation act;
or
(c) Constitute the tenant as an agent of the landlord for
the purposes of **RCW 60.04.010 and 60.04.040.
(5) Any repair work performed under the provisions of
this section shall comply with the requirements imposed by
any applicable code, statute, ordinance, or regulation. A landlord whose property is damaged because of repairs performed
in a negligent manner may recover the actual damages in an
action against the tenant.
(6) Nothing in this section shall prevent the tenant from
agreeing with the landlord to undertake the repairs himself in
return for cash payment or a reasonable reduction in rent, the
agreement thereof to be agreed upon between the parties, and
such agreement does not alter the landlord’s obligations
under this chapter. [1989 c 342 § 5; 1987 c 185 § 35; 1973
1st ex.s. c 207 § 10.]
Reviser’s note: *(1) RCW 59.18.060 was amended by 1991 c 154 § 2,
changing subsection (11) to subsection (12). RCW 59.18.060 was subsequently amended by 2005 c 465 § 2, changing subsection (12) to subsection
(14).
**(2) RCW 60.04.010 and 60.04.040 were repealed by 1991 c 281 §
31, effective April 1, 1992.
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
59.18.110 Failure of landlord to carry out duties—
Determination by court or arbitrator—Judgment against
landlord for diminished rental value and repair costs—
Enforcement of judgment—Reduction in rent under certain conditions. (1) If a court or an arbitrator determines
that:
(a) A landlord has failed to carry out a duty or duties
imposed by RCW 59.18.060; and
(b) A reasonable time has passed for the landlord to remedy the defective condition following notice to the landlord
59.18.110
(2006 Ed.)
59.18.115
in accordance with RCW 59.18.070 or such other time as
may be allotted by the court or arbitrator; the court or arbitrator may determine the diminution in rental value of the premises due to the defective condition and shall render judgment against the landlord for the rent paid in excess of such
diminished rental value from the time of notice of such defect
to the time of decision and any costs of repair done pursuant
to RCW 59.18.100 for which no deduction has been previously made. Such decisions may be enforced as other judgments at law and shall be available to the tenant as a set-off
against any existing or subsequent claims of the landlord.
The court or arbitrator may also authorize the tenant to
make or contract to make further corrective repairs: PROVIDED, That the court specifies a time period in which the
landlord may make such repairs before the tenant may commence or contract for such repairs: PROVIDED FURTHER,
That such repairs shall not exceed the sum expressed in dollars representing one month’s rental of the tenant’s unit in
any one calendar year.
(2) The tenant shall not be obligated to pay rent in excess
of the diminished rental value of the premises until such
defect or defects are corrected by the landlord or until the
court or arbitrator determines otherwise. [1973 1st ex.s. c
207 § 11.]
59.18.115
59.18.115 Substandard and dangerous conditions—
Notice to landlord—Government certification—Escrow
account. (1) The legislature finds that some tenants live in
residences that are substandard and dangerous to their health
and safety and that the repair and deduct remedies of RCW
59.18.100 may not be adequate to remedy substandard and
dangerous conditions. Therefore, an extraordinary remedy is
necessary if the conditions substantially endanger or impair
the health and safety of the tenant.
(2)(a) If a landlord fails to fulfill any substantial obligation imposed by RCW 59.18.060 that substantially endangers
or impairs the health or safety of a tenant, including (i) structural members that are of insufficient size or strength to carry
imposed loads with safety, (ii) exposure of the occupants to
the weather, (iii) plumbing and sanitation defects that directly
expose the occupants to the risk of illness or injury, (iv) lack
of water, including hot water, (v) heating or ventilation systems that are not functional or are hazardous, (vi) defective,
hazardous, or missing electrical wiring or electrical service,
(vii) defective or inadequate exits that increase the risk of
injury to occupants, and (viii) conditions that increase the risk
of fire, the tenant shall give notice in writing to the landlord,
specifying the conditions, acts, omissions, or violations. Such
notice shall be sent to the landlord or to the person or place
where rent is normally paid.
(b) If after receipt of the notice described in (a) of this
subsection the landlord fails to remedy the condition or conditions within a reasonable amount of time under RCW
59.18.070, the tenant may request that the local government
provide for an inspection of the premises with regard to the
specific condition or conditions that exist as provided in (a)
of this subsection. The local government shall have the
appropriate government official, or may designate a public or
disinterested private person or company capable of conducting the inspection and making the certification, conduct an
inspection of the specific condition or conditions listed by the
[Title 59 RCW—page 13]
59.18.115
Title 59 RCW: Landlord and Tenant
tenant, and shall not inspect nor be liable for any other condition or conditions of the premises. The purpose of this inspection is to verify, to the best of the inspector’s ability, whether
the tenant’s listed condition or conditions exist and substantially endanger the tenant’s health or safety under (a) of this
subsection; the inspection is for the purposes of this private
civil remedy, and therefore shall not be related to any other
governmental function such as enforcement of any code,
ordinance, or state law.
(c) The local government or its designee, after receiving
the request from the tenant to conduct an inspection under
this section, shall conduct the inspection and make any certification within a reasonable amount of time not more than
five days from the date of receipt of the request. The local
government or its designee may enter the premises at any reasonable time to do the inspection, provided that he or she first
shall display proper credentials and request entry. The local
government or its designee shall whenever practicable, taking into consideration the imminence of any threat to the tenant’s health or safety, give the landlord at least twenty-four
hours notice of the date and time of inspection and provide
the landlord with an opportunity to be present at the time of
the inspection. The landlord shall have no power or authority
to prohibit entry for the inspection.
(d) The local government or its designee shall certify
whether the condition or the conditions specified by the tenant do exist and do make the premises substantially unfit for
human habitation or can be a substantial risk to the health and
safety of the tenant as described in (a) of this subsection. The
certification shall be provided to the tenant, and a copy shall
be included by the tenant with the notice sent to the landlord
under subsection (3) of this section. The certification may be
appealed to the local board of appeals, but the appeal shall not
delay or preclude the tenant from proceeding with the escrow
under this section.
(e) The tenant shall not be entitled to deposit rent in
escrow pursuant to this section unless the tenant first makes a
good faith determination that he or she is unable to repair the
conditions described in the certification issued pursuant to
subsection (2)(d) of this section through use of the repair
remedies authorized by RCW 59.18.100.
(f) If the local government or its designee certifies that
the condition or conditions specified by the tenant exist, the
tenant shall then either pay the periodic rent due to the landlord or deposit all periodic rent then called for in the rental
agreement and all rent thereafter called for in the rental agreement into an escrow account maintained by a person authorized by law to set up and maintain escrow accounts, including escrow companies under chapter 18.44 RCW, financial
institutions, or attorneys, or with the clerk of the court of the
district or superior court where the property is located. These
depositories are hereinafter referred to as "escrow." The tenant shall notify the landlord in writing of the deposit by mailing the notice postage prepaid by first class mail or by delivering the notice to the landlord promptly but not more than
twenty-four hours after the deposit.
(g) This section, when elected as a remedy by the tenant
by sending the notice under subsection (3) of this section,
shall be the exclusive remedy available to the tenant regarding defects described in the certification under subsection
(2)(d) of this section: PROVIDED, That the tenant may
[Title 59 RCW—page 14]
simultaneously commence or pursue an action in an appropriate court, or at arbitration if so agreed, to determine past,
present, or future diminution in rental value of the premises
due to any defective conditions.
(3) The notice to the landlord of the rent escrow under
this section shall be a sworn statement by the tenant in substantially the following form:
NOTICE TO LANDLORD OF RENT ESCROW
Name of tenant:
Name of landlord:
Name and address of escrow:
Date of deposit of rent into escrow:
Amount of rent deposited into escrow:
The following condition has been certified by a
local building official to substantially endanger,
impair, or affect the health or safety of a tenant:
That written notice of the conditions needing repair
was provided to the landlord on . . ., and . . . days
have elapsed and the repairs have not been made.
......................
(Sworn Signature)
(4) The escrow shall place all rent deposited in a separate
rent escrow account in the name of the escrow in a bank or
savings and loan association domiciled in this state. The
escrow shall keep in a separate docket an account of each
deposit, with the name and address of the tenant, and the
name and address of the landlord and of the agent, if any.
(5)(a) A landlord who receives notice that the rent due
has been deposited with an escrow pursuant to subsection (2)
of this section may:
(i) Apply to the escrow for release of the funds after the
local government certifies that the repairs to the conditions
listed in the notice under subsection (3) of this section have
been properly repaired. The escrow shall release the funds to
the landlord less any escrow costs for which the tenant is entitled to reimbursement pursuant to this section, immediately
upon written receipt of the local government certification that
the repairs to the conditions listed in the notice under subsection (3) of this section have been properly completed.
(ii) File an action with the court and apply to the court for
release of the rent on the grounds that the tenant did not comply with the notice requirement of subsection (2) or (3) of this
section. Proceedings under this subsection shall be governed
by the time, service, and filing requirements of RCW
59.18.370 regarding show cause hearings.
(iii) File an action with the court and apply to the court
for release of the rent on the grounds that there was no violation of any obligation imposed upon the landlord or that the
condition has been remedied.
(iv) This action may be filed in any court having jurisdiction, including small claims court. If the tenant has vacated
the premises or if the landlord has failed to commence an
action with the court for release of the funds within sixty days
after rent is deposited in escrow, the tenant may file an action
to determine how and when any rent deposited in escrow
shall be released or disbursed. The landlord shall not commence an unlawful detainer action for nonpayment of rent by
serving or filing a summons and complaint if the tenant initially pays the rent called for in the rental agreement that is
(2006 Ed.)
Residential Landlord-Tenant Act
due into escrow as provided for under this section on or
before the date rent is due or on or before the expiration of a
three-day notice to pay rent or vacate and continues to pay the
rent into escrow as the rent becomes due or prior to the expiration of a three-day notice to pay rent or vacate; provided
that the landlord shall not be barred from commencing an
unlawful detainer action for nonpayment of rent if the
amount of rent that is paid into escrow is less than the amount
of rent agreed upon in the rental agreement between the parties.
(b) The tenant shall be named as a party to any action
filed by the landlord under this section, and shall have the
right to file an answer and counterclaim, although any counterclaim shall be dismissed without prejudice if the court or
arbitrator determines that the tenant failed to follow the
notice requirements contained in this section. Any counterclaim can only claim diminished rental value related to conditions specified by the tenant in the notice required under
subsection (3) of this section. This limitation on the tenant’s
right to counterclaim shall not affect the tenant’s right to
bring his or her own separate action. A trial shall be held
within sixty days of the date of filing of the landlord’s or tenant’s complaint.
(c) The tenant shall be entitled to reimbursement for any
escrow costs or fees incurred for setting up or maintaining an
escrow account pursuant to this section, unless the tenant did
not comply with the notice requirements of subsection (2) or
(3) of this section. Any escrow fees that are incurred for
which the tenant is entitled to reimbursement shall be
deducted from the rent deposited in escrow and remitted to
the tenant at such time as any rent is released to the landlord.
The prevailing party in any court action or arbitration brought
under this section may also be awarded its costs and reasonable attorneys’ fees.
(d) If a court determines a diminished rental value of the
premises, the tenant may pay the rent due based on the diminished value of the premises into escrow until the landlord
makes the necessary repairs.
(6)(a) If a landlord brings an action for the release of rent
deposited, the court may, upon application of the landlord,
release part of the rent on deposit for payment of the debt service on the premises, the insurance premiums for the premises, utility services, and repairs to the rental unit.
(b) In determining whether to release rent for the payments described in (a) of this subsection, the court shall consider the amount of rent the landlord receives from other
rental units in the buildings of which the residential premises
are a part, the cost of operating those units, and the costs
which may be required to remedy the condition contained in
the notice. The court shall also consider whether the expenses
are due or have already been paid, whether the landlord has
other financial resources, or whether the landlord or tenant
will suffer irreparable damage. The court may request the
landlord to provide additional security, such as a bond, prior
to authorizing release of any of the funds in escrow. [1989 c
342 § 16.]
59.18.120 Defective condition—Unfeasible to remedy
defect—Termination of tenancy. If a court or arbitrator
determines a defective condition as described in RCW
59.18.060 to be so substantial that it is unfeasible for the
59.18.120
(2006 Ed.)
59.18.130
landlord to remedy the defect within the time allotted by
RCW 59.18.070, and that the tenant should not remain in the
dwelling unit in its defective condition, the court or arbitrator
may authorize the termination of the tenancy: PROVIDED,
That the court or arbitrator shall set a reasonable time for the
tenant to vacate the premises. [1973 1st ex.s. c 207 § 12.]
59.18.130 Duties of tenant. Each tenant shall pay the
rental amount at such times and in such amounts as provided
for in the rental agreement or as otherwise provided by law
and comply with all obligations imposed upon tenants by
applicable provisions of all municipal, county, and state
codes, statutes, ordinances, and regulations, and in addition
shall:
(1) Keep that part of the premises which he or she occupies and uses as clean and sanitary as the conditions of the
premises permit;
(2) Properly dispose from his or her dwelling unit all
rubbish, garbage, and other organic or flammable waste, in a
clean and sanitary manner at reasonable and regular intervals,
and assume all costs of extermination and fumigation for
infestation caused by the tenant;
(3) Properly use and operate all electrical, gas, heating,
plumbing and other fixtures and appliances supplied by the
landlord;
(4) Not intentionally or negligently destroy, deface,
damage, impair, or remove any part of the structure or dwelling, with the appurtenances thereto, including the facilities,
equipment, furniture, furnishings, and appliances, or permit
any member of his or her family, invitee, licensee, or any person acting under his or her control to do so. Violations may
be prosecuted under chapter 9A.48 RCW if the destruction is
intentional and malicious;
(5) Not permit a nuisance or common waste;
(6) Not engage in drug-related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone
else to engage in drug-related activity at the rental premises
with the knowledge or consent of the tenant. "Drug-related
activity" means that activity which constitutes a violation of
chapter 69.41, 69.50, or 69.52 RCW;
(7) Maintain the smoke detection device in accordance
with the manufacturer’s recommendations, including the
replacement of batteries where required for the proper operation of the smoke detection device, as required in *RCW
48.48.140(3);
(8) Not engage in any activity at the rental premises that
is:
(a) Imminently hazardous to the physical safety of other
persons on the premises; and
(b)(i) Entails physical assaults upon another person
which result in an arrest; or
(ii) Entails the unlawful use of a firearm or other deadly
weapon as defined in RCW 9A.04.110 which results in an
arrest, including threatening another tenant or the landlord
with a firearm or other deadly weapon under RCW
59.18.352. Nothing in this subsection (8) shall authorize the
termination of tenancy and eviction of the victim of a physical assault or the victim of the use or threatened use of a firearm or other deadly weapon;
(9) Not engage in any gang-related activity at the premises, as defined in RCW 59.18.030, or allow another to
59.18.130
[Title 59 RCW—page 15]
59.18.140
Title 59 RCW: Landlord and Tenant
engage in such activity at the premises, that renders people in
at least two or more dwelling units or residences insecure in
life or the use of property or that injures or endangers the
safety or health of people in at least two or more dwelling
units or residences. In determining whether a tenant is
engaged in gang-related activity, a court should consider the
totality of the circumstances, including factors such as
whether there have been a significant number of complaints
to the landlord about the tenant’s activities at the property,
damages done by the tenant to the property, including the
property of other tenants or neighbors, harassment or threats
made by the tenant to other tenants or neighbors that have
been reported to law enforcement agencies, any police incident reports involving the tenant, and the tenant’s criminal
history; and
(10) Upon termination and vacation, restore the premises
to their initial condition except for reasonable wear and tear
or conditions caused by failure of the landlord to comply with
his or her obligations under this chapter: PROVIDED, That
the tenant shall not be charged for normal cleaning if he or
she has paid a nonrefundable cleaning fee. [1998 c 276 § 2;
1992 c 38 § 2; 1991 c 154 § 3; 1988 c 150 § 2; 1983 c 264 §
3; 1973 1st ex.s. c 207 § 13.]
*Reviser’s note: RCW 48.48.140 was recodified as RCW 43.44.110
pursuant to 2006 c 25 § 13.
Intent—Effective date—1992 c 38: See notes following RCW
59.18.352.
Legislative findings—1988 c 150: "The legislature finds that the illegal use, sale, and manufacture of drugs and other drug-related activities is a
statewide problem. Innocent persons, especially children, who come into
contact with illegal drug-related activity within their own neighborhoods are
seriously and adversely affected. Rental property is damaged and devalued
by drug activities. The legislature further finds that a rapid and efficient
response is necessary to: (1) Lessen the occurrence of drug-related enterprises; (2) reduce the drug use and trafficking problems within this state; and
(3) reduce the damage caused to persons and property by drug activity. The
legislature finds that it is beneficial to rental property owners and to the public to permit landlords to quickly and efficiently evict persons who engage in
drug-related activities at rented premises." [1988 c 150 § 1.]
Severability—1988 c 150: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 150 § 15.]
59.18.140
59.18.140 Reasonable obligations or restrictions—
Tenant’s duty to conform. The tenant shall conform to all
reasonable obligations or restrictions, whether denominated
by the landlord as rules, rental agreement, rent, or otherwise,
concerning the use, occupation, and maintenance of his
dwelling unit, appurtenances thereto, and the property of
which the dwelling unit is a part if such obligations and
restrictions are not in violation of any of the terms of this
chapter and are not otherwise contrary to law, and if such
obligations and restrictions are brought to the attention of the
tenant at the time of his initial occupancy of the dwelling unit
and thus become part of the rental agreement. Except for termination of tenancy, after thirty days written notice to each
affected tenant, a new rule of tenancy including a change in
the amount of rent may become effective upon completion of
the term of the rental agreement or sooner upon mutual consent. [1989 c 342 § 6; 1973 1st ex.s. c 207 § 14.]
[Title 59 RCW—page 16]
59.18.150
59.18.150 Landlord’s right of entry—Purposes—
Searches by fire officials—Conditions. (1) The tenant shall
not unreasonably withhold consent to the landlord to enter
into the dwelling unit in order to inspect the premises, make
necessary or agreed repairs, alterations, or improvements,
supply necessary or agreed services, or exhibit the dwelling
unit to prospective or actual purchasers, mortgagees, tenants,
workers, or contractors.
(2) Upon written notice of intent to seek a search warrant, when a tenant or landlord denies a fire official the right
to search a dwelling unit, a fire official may immediately seek
a search warrant and, upon a showing of probable cause specific to the dwelling unit sought to be searched that criminal
fire code violations exist in the dwelling unit, a court of competent jurisdiction shall issue a warrant allowing a search of
the dwelling unit.
Upon written notice of intent to seek a search warrant,
when a landlord denies a fire official the right to search the
common areas of the rental building other than the dwelling
unit, a fire official may immediately seek a search warrant
and, upon a showing of probable cause specific to the common area sought to be searched that a criminal fire code violation exists in those areas, a court of competent jurisdiction
shall issue a warrant allowing a search of the common areas
in which the violation is alleged.
The superior court and courts of limited jurisdiction
organized under Titles 3, 35, and 35A RCW have jurisdiction
to issue such search warrants. Evidence obtained pursuant to
any such search may be used in a civil or administrative
enforcement action.
(3) As used in this section:
(a) "Common areas" means a common area or those
areas that contain electrical, plumbing, and mechanical
equipment and facilities used for the operation of the rental
building.
(b) "Fire official" means any fire official authorized to
enforce the state or local fire code.
(4) The landlord may enter the dwelling unit without
consent of the tenant in case of emergency or abandonment.
(5) The landlord shall not abuse the right of access or use
it to harass the tenant. Except in the case of emergency or if it
is impracticable to do so, the landlord shall give the tenant at
least two days’ notice of his or her intent to enter and shall
enter only at reasonable times. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling
unit at a specified time where the landlord has given at least
one day’s notice of intent to enter to exhibit the dwelling unit
to prospective or actual purchasers or tenants. A landlord
shall not unreasonably interfere with a tenant’s enjoyment of
the rented dwelling unit by excessively exhibiting the dwelling unit.
(6) The landlord has no other right of access except by
court order, arbitrator or by consent of the tenant.
(7) A landlord or tenant who continues to violate the
rights of the tenant or landlord with respect to the duties
imposed on the other as set forth in this section after being
served with one written notification alleging in good faith
violations of this section listing the date and time of the violation shall be liable for up to one hundred dollars for each
violation after receipt of the notice. The prevailing landlord
(2006 Ed.)
Residential Landlord-Tenant Act
or tenant may recover costs of the suit or arbitration under
this section, and may also recover reasonable attorneys’ fees.
(8) Nothing in this section is intended to abrogate or
modify in any way any common law right or privilege. [2002
c 263 § 1. Prior: 1989 c 342 § 7; 1989 c 12 § 18; 1973 1st
ex.s. c 207 § 15.]
59.18.160
59.18.160 Landlord’s remedies if tenant fails to remedy defective condition. If, after receipt of written notice, as
provided in RCW 59.18.170, the tenant fails to remedy the
defective condition within a reasonable time, the landlord
may:
(1) Bring an action in an appropriate court, or at arbitration if so agreed for any remedy provided under this chapter
or otherwise provided by law; or
(2) Pursue other remedies available under this chapter.
[1973 1st ex.s. c 207 § 16.]
59.18.170
59.18.170 Landlord to give notice if tenant fails to
carry out duties. If at any time during the tenancy the tenant
fails to carry out the duties required by RCW 59.18.130 or
59.18.140, the landlord may, in addition to pursuit of remedies otherwise provided by law, give written notice to the tenant of said failure, which notice shall specify the nature of the
failure. [1973 1st ex.s. c 207 § 17.]
59.18.180
59.18.180 Tenant’s failure to comply with statutory
duties—Landlord to give tenant written notice of noncompliance—Landlord’s remedies. (1) If the tenant fails to
comply with any portion of RCW 59.18.130 or 59.18.140,
and such noncompliance can substantially affect the health
and safety of the tenant or other tenants, or substantially
increase the hazards of fire or accident that can be remedied
by repair, replacement of a damaged item, or cleaning, the
tenant shall comply within thirty days after written notice by
the landlord specifying the noncompliance, or, in the case of
emergency as promptly as conditions require. If the tenant
fails to remedy the noncompliance within that period the
landlord may enter the dwelling unit and cause the work to be
done and submit an itemized bill of the actual and reasonable
cost of repair, to be payable on the next date when periodic
rent is due, or on terms mutually agreed to by the landlord
and tenant, or immediately if the rental agreement has terminated. Any substantial noncompliance by the tenant of RCW
59.18.130 or 59.18.140 shall constitute a ground for commencing an action in unlawful detainer in accordance with
the provisions of chapter 59.12 RCW, and a landlord may
commence such action at any time after written notice pursuant to such chapter. The tenant shall have a defense to an
unlawful detainer action filed solely on this ground if it is
determined at the hearing authorized under the provisions of
chapter 59.12 RCW that the tenant is in substantial compliance with the provisions of this section, or if the tenant remedies the noncomplying condition within the thirty day period
provided for above or any shorter period determined at the
hearing to have been required because of an emergency:
PROVIDED, That if the defective condition is remedied after
the commencement of an unlawful detainer action, the tenant
may be liable to the landlord for statutory costs and reasonable attorney’s fees.
(2006 Ed.)
59.18.200
(2) If drug-related activity is alleged to be a basis for termination of tenancy under RCW 59.18.130(6), 59.12.030(5),
or 59.20.140(5), the compliance provisions of this section do
not apply and the landlord may proceed directly to an unlawful detainer action.
(3) If activity on the premises that creates an imminent
hazard to the physical safety of other persons on the premises
as defined in RCW 59.18.130(8) is alleged to be the basis for
termination of the tenancy, and the tenant is arrested as a
result of this activity, then the compliance provisions of this
section do not apply and the landlord may proceed directly to
an unlawful detainer action against the tenant who was
arrested for this activity.
(4) If gang-related activity, as prohibited under RCW
59.18.130(9), is alleged to be the basis for termination of the
tenancy, then the compliance provisions of this section do not
apply and the landlord may proceed directly to an unlawful
detainer action in accordance with chapter 59.12 RCW, and a
landlord may commence such an action at any time after written notice under chapter 59.12 RCW.
(5) A landlord may not be held liable in any cause of
action for bringing an unlawful detainer action against a tenant for drug-related activity, for creating an imminent hazard
to the physical safety of others, or for engaging in gangrelated activity that renders people in at least two or more
dwelling units or residences insecure in life or the use of
property or that injures or endangers the safety or health of
people in at least two or more dwelling units or residences
under this section, if the unlawful detainer action was brought
in good faith. Nothing in this section shall affect a landlord’s
liability under RCW 59.18.380 to pay all damages sustained
by the tenant should the writ of restitution be wrongfully sued
out. [1998 c 276 § 3; 1992 c 38 § 3; 1988 c 150 § 7; 1973 1st
ex.s. c 207 § 18.]
Intent—Effective date—1992 c 38: See notes following RCW
59.18.352.
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
59.18.190
59.18.190 Notice to tenant to remedy nonconformance. Whenever the landlord learns of a breach of RCW
59.18.130 or has accepted performance by the tenant which is
at variance with the terms of the rental agreement or rules
enforceable after the commencement of the tenancy, he may
immediately give notice to the tenant to remedy the nonconformance. Said notice shall expire after sixty days unless the
landlord pursues any remedy under this chapter. [1973 1st
ex.s. c 207 § 19.]
59.18.200
59.18.200 Tenancy from month to month or for
rental period—Termination—Armed Forces exception—
Exclusion of children or conversion to condominium—
Notice. (1)(a) When premises are rented for an indefinite
time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month,
or from period to period on which rent is payable, and shall
be terminated by written notice of twenty days or more, preceding the end of any of the months or periods of tenancy,
given by either party to the other.
(b) Any tenant who is a member of the armed forces,
including the national guard and armed forces reserves, or
[Title 59 RCW—page 17]
59.18.210
Title 59 RCW: Landlord and Tenant
that tenant’s spouse or dependant, may terminate a rental
agreement with less than twenty days’ notice if the tenant
receives reassignment or deployment orders that do not allow
a twenty-day notice.
(2) Whenever a landlord plans to change any apartment
or apartments to a condominium form of ownership or plans
to change to a policy of excluding children, the landlord shall
give a written notice to a tenant at least ninety days before termination of the tenancy to effectuate such change in policy.
Such ninety-day notice shall be in lieu of the notice required
by subsection (1) of this section. However, if after giving the
ninety-day notice the change in policy is delayed, the notice
requirements of subsection (1) of this section shall apply
unless waived by the tenant. [2003 c 7 § 1; 1979 ex.s. c 70 §
1; 1973 1st ex.s. c 207 § 20.]
Effective date—2003 c 7: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 24, 2003]." [2003 c 7 § 4.]
Unlawful detainer, notice requirement: RCW 59.12.030(2).
59.18.210
59.18.210 Tenancies from year to year except under
written contract. Tenancies from year to year are hereby
abolished except when the same are created by express written contract. Leases may be in writing or print, or partly in
writing and partly in print, and shall be legal and valid for any
term or period not exceeding one year, without acknowledgment, witnesses or seals. [1973 1st ex.s. c 207 § 21.]
59.18.220
59.18.220 Termination of tenancy for a specified
time—Armed forces exception. (1) In all cases where premises are rented for a specified time, by express or implied
contract, the tenancy shall be deemed terminated at the end of
such specified time.
(2) Any tenant who is a member of the armed forces,
including the national guard and armed forces reserves, or
that tenant’s spouse or dependent, may terminate a tenancy
for a specified time if the tenant receives reassignment or
deployment orders. The tenant shall provide notice of the
reassignment or deployment order to the landlord no later
than seven days after receipt. [2003 c 7 § 2; 1973 1st ex.s. c
207 § 22.]
Effective date—2003 c 7: See note following RCW 59.18.200.
59.18.230
59.18.230 Waiver of chapter provisions prohibited—
Provisions prohibited from rental agreement—Distress
for rent abolished—Detention of personal property for
rent—Remedies. (1) Any provision of a lease or other
agreement, whether oral or written, whereby any section or
subsection of this chapter is waived except as provided in
RCW 59.18.360 and shall be deemed against public policy
and shall be unenforceable. Such unenforceability shall not
affect other provisions of the agreement which can be given
effect without them.
(2) No rental agreement may provide that the tenant:
(a) Agrees to waive or to forego rights or remedies under
this chapter; or
(b) Authorizes any person to confess judgment on a
claim arising out of the rental agreement; or
(c) Agrees to pay the landlord’s attorney’s fees, except as
authorized in this chapter; or
[Title 59 RCW—page 18]
(d) Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith; or
(e) And landlord have agreed to a particular arbitrator at
the time the rental agreement is entered into.
(3) A provision prohibited by subsection (2) of this section included in a rental agreement is unenforceable. If a
landlord deliberately uses a rental agreement containing provisions known by him to be prohibited, the tenant may
recover actual damages sustained by him and reasonable
attorney’s fees.
(4) The common law right of the landlord of distress for
rent is hereby abolished for property covered by this chapter.
Any provision in a rental agreement creating a lien upon the
personal property of the tenant or authorizing a distress for
rent is null and void and of no force and effect. Any landlord
who takes or detains the personal property of a tenant without
the specific written consent of the tenant to such incident of
taking or detention, and who, after written demand by the tenant for the return of his personal property, refuses to return
the same promptly shall be liable to the tenant for the value of
the property retained, actual damages, and if the refusal is
intentional, may also be liable for damages of up to one hundred dollars per day but not to exceed one thousand dollars,
for each day or part of a day that the tenant is deprived of his
property. The prevailing party may recover his costs of suit
and a reasonable attorney’s fee.
In any action, including actions pursuant to chapters 7.64
or 12.28 RCW, brought by a tenant or other person to recover
possession of his personal property taken or detained by a
landlord in violation of this section, the court, upon motion
and after notice to the opposing parties, may waive or reduce
any bond requirements where it appears to be to the satisfaction of the court that the moving party is proceeding in good
faith and has, prima facie, a meritorious claim for immediate
delivery or redelivery of said property. [1989 c 342 § 8; 1983
c 264 § 4; 1973 1st ex.s. c 207 § 23.]
59.18.240 Reprisals or retaliatory actions by landlord—Prohibited. So long as the tenant is in compliance
with this chapter, the landlord shall not take or threaten to
take reprisals or retaliatory action against the tenant because
of any good faith and lawful:
(1) Complaints or reports by the tenant to a governmental authority concerning the failure of the landlord to substantially comply with any code, statute, ordinance, or regulation
governing the maintenance or operation of the premises, if
such condition may endanger or impair the health or safety of
the tenant; or
(2) Assertions or enforcement by the tenant of his rights
and remedies under this chapter.
"Reprisal or retaliatory action" shall mean and include
but not be limited to any of the following actions by the landlord when such actions are intended primarily to retaliate
against a tenant because of the tenant’s good faith and lawful
act:
(a) Eviction of the tenant;
(b) Increasing the rent required of the tenant;
(c) Reduction of services to the tenant; and
(d) Increasing the obligations of the tenant. [1983 c 264
§ 9; 1973 1st ex.s. c 207 § 24.]
59.18.240
(2006 Ed.)
Residential Landlord-Tenant Act
59.18.250
59.18.250 Reprisals or retaliatory actions by landlord—Presumptions—Rebuttal—Costs. Initiation by the
landlord of any action listed in RCW 59.18.240 within ninety
days after a good faith and lawful act by the tenant as enumerated in RCW 59.18.240, or within ninety days after any
inspection or proceeding of a governmental agency resulting
from such act, shall create a rebuttable presumption affecting
the burden of proof, that the action is a reprisal or retaliatory
action against the tenant: PROVIDED, That if at the time the
landlord gives notice of termination of tenancy pursuant to
chapter 59.12 RCW the tenant is in arrears in rent or in breach
of any other lease or rental obligation, there is a rebuttable
presumption affecting the burden of proof that the landlord’s
action is neither a reprisal nor retaliatory action against the
tenant: PROVIDED FURTHER, That if the court finds that
the tenant made a complaint or report to a governmental
authority within ninety days after notice of a proposed
increase in rent or other action in good faith by the landlord,
there is a rebuttable presumption that the complaint or report
was not made in good faith: PROVIDED FURTHER, That
no presumption against the landlord shall arise under this section, with respect to an increase in rent, if the landlord, in a
notice to the tenant of increase in rent, specifies reasonable
grounds for said increase, which grounds may include a substantial increase in market value due to remedial action under
this chapter: PROVIDED FURTHER, That the presumption
of retaliation, with respect to an eviction, may be rebutted by
evidence that it is not practical to make necessary repairs
while the tenant remains in occupancy. In any action or eviction proceeding where the tenant prevails upon his claim or
defense that the landlord has violated this section, the tenant
shall be entitled to recover his costs of suit or arbitration,
including a reasonable attorney’s fee, and where the landlord
prevails upon his claim he shall be entitled to recover his
costs of suit or arbitration, including a reasonable attorney’s
fee: PROVIDED FURTHER, That neither party may recover
attorney’s fees to the extent that their legal services are provided at no cost to them. [1983 c 264 § 10; 1973 1st ex.s. c
207 § 25.]
59.18.253
59.18.253 Deposit to secure occupancy by tenant—
Landlord’s duties—Violation. (1) It shall be unlawful for a
landlord to require a fee from a prospective tenant for the
privilege of being placed on a waiting list to be considered as
a tenant for a dwelling unit.
(2) A landlord who charges a prospective tenant a fee or
deposit to secure that the prospective tenant will move into a
dwelling unit, after the dwelling unit has been offered to the
prospective tenant, must provide the prospective tenant with
a receipt for the fee or deposit, together with a written statement of the conditions, if any, under which the fee or deposit
is refundable. If the prospective tenant does occupy the
dwelling unit, then the landlord must credit the amount of the
fee or deposit to the tenant’s first month’s rent or to the tenant’s security deposit. If the prospective tenant does not
occupy the dwelling unit, then the landlord may keep up to
the full amount of any fee or deposit that was paid by the prospective tenant to secure the tenancy, so long as it is in accordance with the written statement of conditions furnished to
the prospective tenant at the time the fee or deposit was
charged. A fee charged to secure a tenancy under this subsec(2006 Ed.)
59.18.260
tion does not include any cost charged by a landlord to use a
tenant screening service or obtain background information on
a prospective tenant.
(3) In any action brought for a violation of this section a
landlord may be liable for the amount of the fee or deposit
charged. In addition, any landlord who violates this section
may be liable to the prospective tenant for an amount not to
exceed one hundred dollars. The prevailing party may also
recover court costs and a reasonable attorneys’ fee. [1991 c
194 § 2.]
Findings—1991 c 194: "The legislature finds that tenant application
fees often have the effect of excluding low-income people from applying for
housing because many low-income people cannot afford these fees in addition to the rent and other deposits which may be required. The legislature further finds that application fees are frequently not returned to unsuccessful
applicants for housing, which creates a hardship on low-income people. The
legislature therefore finds and declares that it is the policy of the state that
certain tenant application fees should be prohibited and guidelines should be
established for the imposition of other tenant application fees.
The legislature also finds that it is important to both landlords and tenants that consumer information concerning prospective tenants is accurate.
Many tenants are unaware of their rights under federal fair credit reporting
laws to dispute information that may be inaccurate. The legislature therefore
finds and declares that it is the policy of the state for prospective tenants to
be informed of their rights to dispute information they feel is inaccurate in
order to help prevent denials of housing based upon incorrect information."
[1991 c 194 § 1.]
59.18.257 Screening of tenants—Costs—Notice to
tenant—Violation. (1) If a landlord uses a tenant screening
service, then the landlord may only charge for the costs
incurred for using the tenant screening service under this section. If a landlord conducts his or her own screening of tenants, then the landlord may charge his or her actual costs in
obtaining the background information, but the amount may
not exceed the customary costs charged by a screening service in the general area. The landlord’s actual costs include
costs incurred for long distance phone calls and for time spent
calling landlords, employers, and financial institutions.
(2) A landlord may not charge a prospective tenant for
the cost of obtaining background information under this section unless the landlord first notifies the prospective tenant in
writing of what a tenant screening entails, the prospective
tenant’s rights to dispute the accuracy of information provided by the tenant screening service or provided by the entities listed on the tenant application who will be contacted for
information concerning the tenant, and the name and address
of the tenant screening service used by the landlord.
(3) Nothing in this section requires a landlord to disclose
information to a prospective tenant that was obtained from a
tenant screening service or from entities listed on the tenant
application which is not required under the federal fair credit
reporting act, 15 U.S.C. Sec. 1681 et seq.
(4) Any landlord who violates this section may be liable
to the prospective tenant for an amount not to exceed one
hundred dollars. The prevailing party may also recover court
costs and reasonable attorneys’ fees. [1991 c 194 § 3.]
59.18.257
Findings—1991 c 194: See note following RCW 59.18.253.
59.18.260 Moneys paid as deposit or security for performance by tenant—Written rental agreement to specify
terms and conditions for retention by landlord—Written
checklist required. If any moneys are paid to the landlord
by the tenant as a deposit or as security for performance of the
59.18.260
[Title 59 RCW—page 19]
59.18.270
Title 59 RCW: Landlord and Tenant
tenant’s obligations in a lease or rental agreement, the lease
or rental agreement shall be in writing and shall include the
terms and conditions under which the deposit or portion
thereof may be withheld by the landlord upon termination of
the lease or rental agreement. If all or part of the deposit may
be withheld to indemnify the landlord for damages to the premises for which the tenant is responsible, the rental agreement shall be in writing and shall so specify. No deposit may
be collected by a landlord unless the rental agreement is in
writing and a written checklist or statement specifically
describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture,
and appliances, is provided by the landlord to the tenant at the
commencement of the tenancy. The checklist or statement
shall be signed and dated by the landlord and the tenant, and
the tenant shall be provided with a copy of the signed checklist or statement. No such deposit shall be withheld on
account of normal wear and tear resulting from ordinary use
of the premises. [1983 c 264 § 6; 1973 1st ex.s. c 207 § 26.]
59.18.270
59.18.270 Moneys paid as deposit or security for performance by tenant—Deposit by landlord in trust
account—Receipt—Claims. All moneys paid to the landlord by the tenant as a deposit as security for performance of
the tenant’s obligations in a lease or rental agreement shall
promptly be deposited by the landlord in a trust account,
maintained by the landlord for the purpose of holding such
security deposits for tenants of the landlord, in a financial
institution as defined by RCW 30.22.041 or licensed escrow
agent located in Washington. Unless otherwise agreed in
writing, the landlord shall be entitled to receipt of interest
paid on such trust account deposits. The landlord shall provide the tenant with a written receipt for the deposit and shall
provide written notice of the name and address and location
of the depository and any subsequent change thereof. If during a tenancy the status of landlord is transferred to another,
any sums in the deposit trust account affected by such transfer shall simultaneously be transferred to an equivalent trust
account of the successor landlord, and the successor landlord
shall promptly notify the tenant of the transfer and of the
name, address, and location of the new depository. The tenant’s claim to any moneys paid under this section shall be
prior to that of any creditor of the landlord, including a trustee
in bankruptcy or receiver, even if such moneys are commingled. [2004 c 136 § 1; 1975 1st ex.s. c 233 § 1; 1973 1st ex.s.
c 207 § 27.]
59.18.280
59.18.280 Moneys paid as deposit or security for performance by tenant—Statement and notice of basis for
retention—Remedies for landlord’s failure to make
refund. Within fourteen days after the termination of the
rental agreement and vacation of the premises or, if the tenant
abandons the premises as defined in RCW 59.18.310, within
fourteen days after the landlord learns of the abandonment,
the landlord shall give a full and specific statement of the
basis for retaining any of the deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement. No portion of any deposit shall
be withheld on account of wear resulting from ordinary use of
[Title 59 RCW—page 20]
the premises. The landlord complies with this section if the
required statement or payment, or both, are deposited in the
United States mail properly addressed with first class postage
prepaid within the fourteen days.
The notice shall be delivered to the tenant personally or
by mail to his last known address. If the landlord fails to give
such statement together with any refund due the tenant within
the time limits specified above he shall be liable to the tenant
for the full amount of the deposit. The landlord is also barred
in any action brought by the tenant to recover the deposit
from asserting any claim or raising any defense for retaining
any of the deposit unless the landlord shows that circumstances beyond the landlord’s control prevented the landlord
from providing the statement within the fourteen days or that
the tenant abandoned the premises as defined in RCW
59.18.310. The court may in its discretion award up to two
times the amount of the deposit for the intentional refusal of
the landlord to give the statement or refund due. In any action
brought by the tenant to recover the deposit, the prevailing
party shall additionally be entitled to the cost of suit or arbitration including a reasonable attorney’s fee.
Nothing in this chapter shall preclude the landlord from
proceeding against, and the landlord shall have the right to
proceed against a tenant to recover sums exceeding the
amount of the tenant’s damage or security deposit for damage
to the property for which the tenant is responsible together
with reasonable attorney’s fees. [1989 c 342 § 9; 1983 c 264
§ 7; 1973 1st ex.s. c 207 § 28.]
59.18.285
59.18.285 Nonrefundable fees not to be designated as
deposit—Written rental agreement required. No moneys
paid to the landlord which are nonrefundable may be designated as a deposit or as part of any deposit. If any moneys are
paid to the landlord as a nonrefundable fee, the rental agreement shall be in writing and shall clearly specify that the fee
is nonrefundable. [1983 c 264 § 5.]
59.18.290
59.18.290 Removal or exclusion of tenant from premises—Holding over or excluding landlord from premises after termination date. (1) It shall be unlawful for the
landlord to remove or exclude from the premises the tenant
thereof except under a court order so authorizing. Any tenant
so removed or excluded in violation of this section may
recover possession of the property or terminate the rental
agreement and, in either case, may recover the actual damages sustained. The prevailing party may recover the costs of
suit or arbitration and reasonable attorney’s fees.
(2) It shall be unlawful for the tenant to hold over in the
premises or exclude the landlord therefrom after the termination of the rental agreement except under a valid court order
so authorizing. Any landlord so deprived of possession of
premises in violation of this section may recover possession
of the property and damages sustained by him, and the prevailing party may recover his costs of suit or arbitration and
reasonable attorney’s fees. [1973 1st ex.s. c 207 § 29.]
59.18.300
59.18.300 Termination of tenant’s utility services—
Tenant causing loss of landlord provided utility services.
It shall be unlawful for a landlord to intentionally cause termination of any of his tenant’s utility services, including
(2006 Ed.)
Residential Landlord-Tenant Act
water, heat, electricity, or gas, except for an interruption of
utility services for a reasonable time in order to make necessary repairs. Any landlord who violates this section may be
liable to such tenant for his actual damages sustained by him,
and up to one hundred dollars for each day or part thereof the
tenant is thereby deprived of any utility service, and the prevailing party may recover his costs of suit or arbitration and a
reasonable attorney’s fee. It shall be unlawful for a tenant to
intentionally cause the loss of utility services provided by the
landlord, including water, heat, electricity or gas, excepting
as resulting from the normal occupancy of the premises.
[1973 1st ex.s. c 207 § 30.]
59.18.310 Default in rent—Abandonment—Liability
of tenant—Landlord’s remedies—Sale of tenant’s property by landlord. If the tenant defaults in the payment of
rent and reasonably indicates by words or actions the intention not to resume tenancy, the tenant shall be liable for the
following for such abandonment: PROVIDED, That upon
learning of such abandonment of the premises the landlord
shall make a reasonable effort to mitigate the damages resulting from such abandonment:
(1) When the tenancy is month-to-month, the tenant shall
be liable for the rent for the thirty days following either the
date the landlord learns of the abandonment, or the date the
next regular rental payment would have become due, whichever first occurs.
(2) When the tenancy is for a term greater than month-tomonth, the tenant shall be liable for the lesser of the following:
(a) The entire rent due for the remainder of the term; or
(b) All rent accrued during the period reasonably necessary to rerent the premises at a fair rental, plus the difference
between such fair rental and the rent agreed to in the prior
agreement, plus actual costs incurred by the landlord in rerenting the premises together with statutory court costs and
reasonable attorney’s fees.
In the event of such abandonment of tenancy and an
accompanying default in the payment of rent by the tenant,
the landlord may immediately enter and take possession of
any property of the tenant found on the premises and may
store the same in any reasonably secure place. A landlord
shall make reasonable efforts to provide the tenant with a
notice containing the name and address of the landlord and
the place where the property is stored and informing the tenant that a sale or disposition of the property shall take place
pursuant to this section, and the date of the sale or disposal,
and further informing the tenant of the right under RCW
59.18.230 to have the property returned prior to its sale or
disposal. The landlord’s efforts at notice under this subsection shall be satisfied by the mailing by first class mail, postage prepaid, of such notice to the tenant’s last known address
and to any other address provided in writing by the tenant or
actually known to the landlord where the tenant might
receive the notice. The landlord shall return the property to
the tenant after the tenant has paid the actual or reasonable
drayage and storage costs whichever is less if the tenant
makes a written request for the return of the property before
the landlord has sold or disposed of the property. After fortyfive days from the date the notice of such sale or disposal is
mailed or personally delivered to the tenant, the landlord may
59.18.310
(2006 Ed.)
59.18.312
sell or dispose of such property, including personal papers,
family pictures, and keepsakes. The landlord may apply any
income derived therefrom against moneys due the landlord,
including actual or reasonable costs whichever is less of
drayage and storage of the property. If the property has a
cumulative value of fifty dollars or less, the landlord may sell
or dispose of the property in the manner provided in this section, except for personal papers, family pictures, and keepsakes, after seven days from the date the notice of sale or disposal is mailed or personally delivered to the tenant: PROVIDED, That the landlord shall make reasonable efforts, as
defined in this section, to notify the tenant. Any excess
income derived from the sale of such property under this section shall be held by the landlord for the benefit of the tenant
for a period of one year from the date of sale, and if no claim
is made or action commenced by the tenant for the recovery
thereof prior to the expiration of that period of time, the balance shall be the property of the landlord, including any interest paid on the income. [1991 c 220 § 1; 1989 c 342 § 10;
1983 c 264 § 8; 1973 1st ex.s. c 207 § 31.]
59.18.312
59.18.312 Writ of restitution—Storage and sale of
tenant’s property—Use of proceeds from sale. (1) A landlord may, upon the execution of a writ of restitution by the
sheriff, enter and take possession of any property of the tenant found on the premises and store the property in any reasonably secure place. If, however, the tenant or the tenant’s
representative objects to the storage of the property, the property shall be deposited upon the nearest public property and
may not be moved and stored by the landlord. If the tenant is
not present at the time the writ of restitution is executed, it
shall be presumed that the tenant does not object to the storage of the property as provided in this section. RCW
59.18.310 shall apply to the moving and storage of a tenant’s
property when the premises are abandoned by the tenant.
(2) Property moved and stored under this section shall be
returned to the tenant after the tenant has paid the actual or
reasonable drayage and storage costs, whichever is less, or
until it is sold or disposed of by the landlord in accordance
with subsection (3) of this section.
(3) Prior to the sale or disposal of property stored pursuant to this section with a cumulative value of over fifty dollars, the landlord shall notify the tenant of the pending sale or
disposal. After forty-five days from the date the notice of the
sale or disposal is mailed or personally delivered to the tenant, the landlord may sell or dispose of the property, including personal papers, family pictures, and keepsakes.
If the property that is being stored has a cumulative value
of fifty dollars or less, then the landlord may sell or dispose
of the property in the manner provided in this section, except
for personal papers, family pictures, and keepsakes. Prior to
the sale or disposal of property stored pursuant to this section
with a cumulative value of fifty dollars or less, the landlord
shall notify the tenant of the pending sale or disposal. The
notice shall either be mailed or personally delivered to the
tenant. After seven days from the date the notice is mailed or
delivered to the tenant, the landlord may sell or dispose of the
property.
The landlord may apply any income derived from the
sale of the tenant’s property against moneys due the landlord
for drayage and storage of the property. The amount of sale
[Title 59 RCW—page 21]
59.18.315
Title 59 RCW: Landlord and Tenant
proceeds that the landlord may apply towards such costs may
not exceed the actual or reasonable costs for drayage and
storage of the property, whichever is less. Any excess income
derived from the sale of such property shall be held by the
landlord for the benefit of the tenant for a period of one year
from the date of the sale. If no claim is made or action commenced by the tenant for the recovery of the excess income
prior to the expiration of that period of time, then the balance
shall be treated as abandoned property and deposited by the
landlord with the department of revenue pursuant to chapter
63.29 RCW.
(4) Nothing in this section shall be construed as creating
a right of distress for rent.
(5) When serving a tenant with a writ of restitution pursuant to RCW 59.12.100 and 59.18.410, the sheriff shall provide written notice to the tenant that: (a) Upon execution of
the writ, the landlord may store the tenant’s property; (b) if
the property is stored, it may not be returned to the tenant
unless the tenant pays the actual or reasonable costs of drayage and storage, whichever is less; (c) if the tenant objects to
storage of the property, it will not be stored but will be placed
on the nearest public property; and (d) if the tenant is not
present at the time of the execution of the writ, it shall be presumed the tenant does not object to storage of the property.
[1992 c 38 § 8.]
Intent—Effective date—1992 c 38: See notes following RCW
59.18.352.
59.18.315 Mediation of disputes by independent
third party. The landlord and tenant may agree in writing to
submit any dispute arising under the provisions of this chapter or under the terms, conditions, or performance of the
rental agreement, to mediation by an independent third party.
The parties may agree to submit any dispute to mediation
before exercising their right to arbitration under RCW
59.18.320. [1983 c 264 § 11.]
59.18.315
59.18.320 Arbitration—Authorized—Exceptions—
Notice—Procedure. (1) The landlord and tenant may agree,
in writing, except as provided in RCW 59.18.230(2)(e), to
submit to arbitration, in conformity with the provisions of
this section, any controversy arising under the provisions of
this chapter, except the following:
(a) Controversies regarding the existence of defects covered in subsections (1) and (2) of RCW 59.18.070: PROVIDED, That this exception shall apply only before the
implementation of any remedy by the tenant;
(b) Any situation where court action has been started by
either landlord or tenant to enforce rights under this chapter;
when the court action substantially affects the controversy,
including but not limited to:
(i) Court action pursuant to subsections (2) and (3) of
RCW 59.18.090 and subsections (1) and (2) of RCW
59.18.160; and
(ii) Any unlawful detainer action filed by the landlord
pursuant to chapter 59.12 RCW.
(2) The party initiating arbitration under subsection (1)
of this section shall give reasonable notice to the other party
or parties.
(3) Except as otherwise provided in this section, the arbitration process shall be administered by any arbitrator agreed
59.18.320
[Title 59 RCW—page 22]
upon by the parties at the time the dispute arises: PROVIDED, That the procedures shall comply with the requirements of chapter 7.04A RCW (relating to arbitration) and of
this chapter. [2005 c 433 § 45; 1973 1st ex.s. c 207 § 32.]
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
59.18.330
59.18.330 Arbitration—Application—Hearings—
Decisions. (1) Unless otherwise mutually agreed to, in the
event a controversy arises under RCW 59.18.320 the landlord
or tenant, or both, shall complete an application for arbitration and deliver it to the selected arbitrator.
(2) The arbitrator so designated shall schedule a hearing
to be held no later than ten days following receipt of notice of
the controversy, except as provided in RCW 59.18.350.
(3) The arbitrator shall conduct public or private hearings. Reasonable notice of such hearings shall be given to the
parties, who shall appear and be heard either in person or by
counsel or other representative. Hearings shall be informal
and the rules of evidence prevailing in judicial proceedings
shall not be binding. A recording of the proceedings may be
taken. Any oral or documentary evidence and other data
deemed relevant by the arbitrator may be received in evidence. The arbitrator shall have the power to administer
oaths, to issue subpoenas, to require the attendance of witnesses and the production of such books, papers, contracts,
agreements, and documents as may be deemed by the arbitrator material to a just determination of the issues in dispute. If
any person refuses to obey such subpoena or refuses to be
sworn to testify, or any witness, party, or attorney is guilty of
any contempt while in attendance at any hearing held hereunder, the arbitrator may invoke the jurisdiction of any superior
court, and such court shall have jurisdiction to issue an appropriate order. A failure to obey such order may be punished by
the court as a contempt thereof.
(4) Within five days after conclusion of the hearing, the
arbitrator shall make a written decision upon the issues presented, a copy of which shall be mailed by certified mail or
otherwise delivered to the parties or their designated representatives. The determination of the dispute made by the
arbitrator shall be final and binding upon both parties.
(5) If a defective condition exists which affects more
than one dwelling unit in a similar manner, the arbitrator may
consolidate the issues of fact common to those dwelling units
in a single proceeding.
(6) Decisions of the arbitrator shall be enforced or
appealed according to the provisions of chapter 7.04A RCW.
[2005 c 433 § 46; 1973 1st ex.s. c 207 § 33.]
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
59.18.340
59.18.340 Arbitration—Fee. The administrative fee
for this arbitration procedure shall be established by agreement of the parties and the arbitrator and, unless otherwise
allocated by the arbitrator, shall be shared equally by the parties: PROVIDED, That upon either party signing an affidavit
to the effect that he is unable to pay his share of the fee, that
portion of the fee may be waived or deferred. [1983 c 264 §
12; 1973 1st ex.s. c 207 § 34.]
(2006 Ed.)
Residential Landlord-Tenant Act
59.18.350
59.18.350 Arbitration—Completion of arbitration
after giving notice. When a party gives notice pursuant to
subsection (2) of RCW 59.18.320, he must, at the same time,
arrange for arbitration of the grievance in the manner provided for in this chapter. The arbitration shall be completed
before the rental due date next occurring after the giving of
notice pursuant to RCW 59.18.320: PROVIDED, That in no
event shall the arbitrator have less than ten days to complete
the arbitration process. [1973 1st ex.s. c 207 § 35.]
59.18.352
59.18.352 Threatening behavior by tenant—Termination of agreement—Written notice—Financial obligations. If a tenant notifies the landlord that he or she, or
another tenant who shares that particular dwelling unit has
been threatened by another tenant, and:
(1) The threat was made with a firearm or other deadly
weapon as defined in RCW 9A.04.110; and
(2) The tenant who made the threat is arrested as a result
of the threatening behavior; and
(3) The landlord fails to file an unlawful detainer action
against the tenant who threatened another tenant within seven
calendar days after receiving notice of the arrest from a law
enforcement agency;
then the tenant who was threatened may terminate the rental
agreement and quit the premises upon written notice to the
landlord without further obligation under the rental agreement.
A tenant who terminates a rental agreement under this
section is discharged from payment of rent for any period following the quitting date, and is entitled to a pro rata refund of
any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together
with any refund due in accordance with RCW 59.18.280.
Nothing in this section shall be construed to require a
landlord to terminate a rental agreement or file an unlawful
detainer action. [1992 c 38 § 5.]
Intent—1992 c 38: "The legislature recognizes that tenants have a
number of duties under the residential landlord tenant act. These duties
include the duty to pay rent and give sufficient notice before terminating the
tenancy, the duty to pay drayage and storage costs under certain circumstances, and the duty to not create a nuisance or common waste. The legislature finds that tenants are sometimes threatened by other tenants with firearms or other deadly weapons. Some landlords refuse to evict those tenants
who threaten the well-being of other tenants even after an arrest has been
made for the threatening behavior. The legislature also finds that some tenants who hold protective orders are still subjected to threats and acts of
domestic violence. These tenants with protective orders must sometimes
move quickly so that the person being restrained does not know where they
reside. Tenants who move out of dwelling units because they fear for their
safety often forfeit their damage deposit and last month’s rent because they
did not provide the requisite notice to terminate the tenancy. Some tenants
remain in unsafe situations because they cannot afford to lose the money
held as a deposit by the landlord. There is no current mechanism that authorizes the suspension of the tenant’s duty to give the requisite notice before
terminating a tenancy if they are endangered by others. There also is no current mechanism that imposes a duty on the tenant to pay drayage and storage
costs when the landlord stores his or her property after an eviction. It is the
intent of the legislature to provide a mechanism for tenants who are threatened to terminate their tenancies without suffering undue economic loss, to
provide additional mechanisms to allow landlords to evict tenants who
endanger others, and to establish a mechanism for tenants to pay drayage and
storage costs under certain circumstances when the landlord stores the tenant’s property after an eviction." [1992 c 38 § 1.]
Effective date—1992 c 38: "This act shall take effect June 1, 1992."
[1992 c 38 § 11.]
(2006 Ed.)
59.18.365
59.18.354
59.18.354 Threatening behavior by landlord—Termination of agreement—Financial obligations. If a tenant
is threatened by the landlord with a firearm or other deadly
weapon as defined in RCW 9A.04.110, and the threat leads to
an arrest of the landlord, then the tenant may terminate the
rental agreement and quit the premises without further obligation under the rental agreement. The tenant is discharged
from payment of rent for any period following the quitting
date, and is entitled to a pro rata refund of any prepaid rent,
and shall receive a full and specific statement of the basis for
retaining any of the deposit together with any refund due in
accordance with RCW 59.18.280. [1992 c 38 § 6.]
Intent—Effective date—1992 c 38: See notes following RCW
59.18.352.
59.18.360
59.18.360 Exemptions. A landlord and tenant may
agree, in writing, to exempt themselves from the provisions
of RCW 59.18.060, 59.18.100, 59.18.110, 59.18.120,
59.18.130, and 59.18.190 if the following conditions have
been met:
(1) The agreement may not appear in a standard form
lease or rental agreement;
(2) There is no substantial inequality in the bargaining
position of the two parties;
(3) The exemption does not violate the public policy of
this state in favor of the ensuring safe, and sanitary housing;
and
(4) Either the local county prosecutor’s office or the consumer protection division of the attorney general’s office or
the attorney for the tenant has approved in writing the application for exemption as complying with subsections (1)
through (3) of this section. [1973 1st ex.s. c 207 § 36.]
59.18.365
59.18.365 Unlawful detainer action—Summons—
Form. (1) The summons must contain the names of the parties to the proceeding, the attorney or attorneys if any, the
court in which the same is brought, the nature of the action, in
concise terms, and the relief sought, and also the return day;
and must notify the defendant to appear and answer within
the time designated or that the relief sought will be taken
against him or her. The summons must contain a street
address for service of the notice of appearance or answer and,
if available, a facsimile number for the plaintiff or the plaintiff’s attorney, if represented. The summons must be served
and returned in the same manner as a summons in other
actions is served and returned.
(2) A defendant may serve a copy of an answer or notice
of appearance, and if required by the summons, the sworn
statement regarding nonpayment of rent described in RCW
59.18.375, by any of the following methods:
(a) By delivering a copy of the answer or notice of
appearance to the person who signed the summons at the
street address listed on the summons;
(b) By mailing a copy of the answer or notice of appearance addressed to the person who signed the summons to the
street address listed on the summons;
(c) By facsimile to the facsimile number listed on the
summons. Service by facsimile is complete upon successful
transmission to the facsimile number listed upon the summons;
[Title 59 RCW—page 23]
59.18.370
Title 59 RCW: Landlord and Tenant
(d) As otherwise authorized by the superior court civil
rules.
(3) The summons for unlawful detainer actions for tenancies covered by this chapter shall be substantially in the
following form. In unlawful detainer actions based on nonpayment of rent, the summons may contain the provisions
authorized by RCW 59.18.375.
IN THE SUPERIOR COURT OF THE STATE OF
WASHINGTON IN AND FOR . . . . . . COUNTY
Plaintiff,
vs.
Defendant.







NO.
EVICTION SUMMONS
(Residential)
to show cause you must personally appear at the hearing on
the date indicated in the order to show cause IN ADDITION
to delivering and filing your notice of appearance or answer
by the deadline stated above.
IF YOU DO NOT RESPOND TO THE COMPLAINT IN WRITING BY THE DEADLINE
STATED ABOVE YOU WILL LOSE BY
DEFAULT. YOUR LANDLORD MAY PROCEED WITH THE LAWSUIT, EVEN IF YOU
HAVE MOVED OUT OF THE PROPERTY.
The notice of appearance or answer must be delivered to:
.......................
Name
.......................
Street Address
.......................
Telephone Number
.......................
Facsimile Number (Required
if Available)
THIS IS NOTICE OF A LAWSUIT TO EVICT YOU.
PLEASE READ IT CAREFULLY.
THE DEADLINE FOR YOUR WRITTEN RESPONSE IS:
5:00 p.m., on . . . . . . . . .
TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Address)
This is notice of a lawsuit to evict you from the property
which you are renting. Your landlord is asking the court to
terminate your tenancy, direct the sheriff to remove you and
your belongings from the property, enter a money judgment
against you for unpaid rent and/or damages for your use of
the property, and for court costs and attorneys’ fees.
If you want to defend yourself in this lawsuit, you must
respond to the eviction complaint in writing on or before the
deadline stated above. You must respond in writing even if
no case number has been assigned by the court yet.
You can respond to the complaint in writing by delivering a copy of a notice of appearance or answer to your landlord’s attorney (or your landlord if there is no attorney) by
personal delivery, mailing, or facsimile to the address or facsimile number stated below TO BE RECEIVED NO
LATER THAN THE DEADLINE STATED ABOVE.
Service by facsimile is complete upon successful transmission to the facsimile number, if any, listed in the summons.
The notice of appearance or answer must include the
name of this case (plaintiff(s) and defendant(s)), your name,
the street address where further legal papers may be sent,
your telephone number (if any), and your signature.
If there is a number on the upper right side of the eviction
summons and complaint, you must also file your original
notice of appearance or answer with the court clerk by the
deadline for your written response.
You may demand that the plaintiff file this lawsuit with
the court. If you do so, the demand must be in writing and
must be served upon the person signing the summons.
Within fourteen days after you serve the demand, the plaintiff
must file this lawsuit with the court, or the service on you of
this summons and complaint will be void.
If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response,
if any, may be served on time.
You may also be instructed in a separate order to appear
for a court hearing on your eviction. If you receive an order
[Title 59 RCW—page 24]
[2006 c 51 § 1; 2005 c 130 § 3; 1989 c 342 § 15.]
59.18.370
59.18.370 Forcible entry or detainer or unlawful
detainer actions—Writ of restitution—Application—
Order—Hearing. The plaintiff, at the time of commencing
an action of forcible entry or detainer or unlawful detainer, or
at any time afterwards, upon filing the complaint, may apply
to the superior court in which the action is pending for an
order directing the defendant to appear and show cause, if
any he or she has, why a writ of restitution should not issue
restoring to the plaintiff possession of the property in the
complaint described, and the judge shall by order fix a time
and place for a hearing of the motion, which shall not be less
than seven nor more than thirty days from the date of service
of the order upon defendant. A copy of the order, together
with a copy of the summons and complaint if not previously
served upon the defendant, shall be served upon the defendant. The order shall notify the defendant that if he or she
fails to appear and show cause at the time and place specified
by the order the court may order the sheriff to restore possession of the property to the plaintiff and may grant such other
relief as may be prayed for in the complaint and provided by
this chapter. [2005 c 130 § 2; 1973 1st ex.s. c 207 § 38.]
59.18.375
59.18.375 Forcible entry or detainer or unlawful
detainer actions—Payment of rent into court registry—
Writ of restitution—Notice. (1) The remedies provided by
this section are in addition to other remedies provided by this
chapter.
(2) In an action of forcible entry, detainer, or unlawful
detainer, commenced under this chapter which is based upon
nonpayment of rent as provided in RCW 59.12.030(3), the
defendant shall pay into the court registry the amount alleged
due in the complaint and continue to pay into the court registry the monthly rent as it becomes due under the terms of the
rental agreement while the action is pending. If the defendant
submits to the court a written statement signed and sworn
(2006 Ed.)
Residential Landlord-Tenant Act
under penalty of perjury denying that the rent alleged due in
the complaint is owing based upon a legal or equitable
defense or set-off arising out of the tenancy, such payment
shall not be required.
(3) A defendant must comply with subsection (2) of this
section within seven days after completed service of a filed
summons and complaint or, in the case of service of an
unfiled summons and complaint, seven days after delivering
written notice to the defendant, in the manner provided in
RCW 59.12.040, advising the defendant of the date of filing,
the cause number for the action, and the date by which the
defendant must comply with this section to avoid the immediate issuance of a writ of restitution. Failure of the defendant to comply with this section shall be grounds for the
immediate issuance of a writ of restitution without bond
directing the sheriff to deliver possession of the premises to
the plaintiff. Issuance of a writ of restitution under this section shall not affect the defendant’s right to a hearing to contest the amount of rent alleged to be due.
(4) The defendant shall send written notice that the rent
has been paid into the court registry or send a copy of the
sworn statement referred to in subsection (2) of this section to
the person whose name is signed on the unlawful detainer
summons. A defendant may serve the written notice or a
copy of the sworn statement by any of the methods described
in RCW 59.18.365.
(5) Before applying to the court for a writ of restitution
under this section, the plaintiff must check with the clerk of
the court to determine if the defendant has complied with
subsection (2) of this section.
(6) If the plaintiff intends to use the procedures in this
section, the summons must contain notice to the defendant of
the payment requirements of this section and be substantially
in the following form:
NOTICE
This unlawful detainer action is based upon nonpayment of
rent in an amount alleged to be $. . . . . . The plaintiff is entitled to an order from the court directing the sheriff to evict
you without a hearing unless you pay into the court registry
the amount of delinquent rent alleged to be due in the complaint and continue paying into the court registry the monthly
rent as it becomes due while this lawsuit is pending. If you
deny that you owe the rent claimed to be due and you do not
want to be evicted immediately without a hearing, you must
file with the clerk of the court a written statement signed and
sworn under penalty of perjury setting forth why you do not
owe the amount claimed in the complaint to be due. The
sworn statement must be filed IN ADDITION TO your written answer to the complaint.
Payment or the sworn statement must be submitted to the
clerk of the superior court within seven days after you have
been served with this summons or, if the summons has not yet
been filed, within seven days after service of written notice
that the lawsuit has been filed.
You must also deliver written notice that the rent has
been paid into the court registry or send a copy of your sworn
statement to the person whose signature appears below by
personal delivery, mail, or facsimile.
This complaint:
(2006 Ed.)
59.18.380
( ) is filed with the superior court;
( ) is not filed. The plaintiff must notify you in writing when
it is filed.
IMPORTANT
If you intend to contest this action, you must also file a
written answer as indicated above on this summons.
[2006 c 51 § 2; 1983 c 264 § 13.]
59.18.380
59.18.380 Forcible entry or detainer or unlawful
detainer actions—Writ of restitution—Answer—
Order—Stay—Bond. At the time and place fixed for the
hearing of plaintiff’s motion for a writ of restitution, the
defendant, or any person in possession or claiming possession of the property, may answer, orally or in writing, and
assert any legal or equitable defense or set-off arising out of
the tenancy. If the answer is oral the substance thereof shall
be endorsed on the complaint by the court. The court shall
examine the parties and witnesses orally to ascertain the merits of the complaint and answer, and if it shall appear that the
plaintiff has the right to be restored to possession of the property, the court shall enter an order directing the issuance of a
writ of restitution, returnable ten days after its date, restoring
to the plaintiff possession of the property and if it shall appear
to the court that there is no substantial issue of material fact
of the right of the plaintiff to be granted other relief as prayed
for in the complaint and provided for in this chapter, the court
may enter an order and judgment granting so much of such
relief as may be sustained by the proof, and the court may
grant such other relief as may be prayed for in the plaintiff’s
complaint and provided for in this chapter, then the court
shall enter an order denying any relief sought by the plaintiff
for which the court has determined that the plaintiff has no
right as a matter of law: PROVIDED, That within three days
after the service of the writ of restitution the defendant, or
person in possession of the property, may, in any action for
the recovery of possession of the property for failure to pay
rent, stay the execution of the writ pending final judgment by
paying into court or to the plaintiff, as the court directs, all
rent found to be due and all the costs of the action, and in
addition by paying, on a monthly basis pending final judgment, an amount equal to the monthly rent called for by the
lease or rental agreement at the time the complaint was filed:
PROVIDED FURTHER, That before any writ shall issue
prior to final judgment the plaintiff shall execute to the defendant and file in the court a bond in such sum as the court may
order, with sufficient surety to be approved by the clerk, conditioned that the plaintiff will prosecute his action without
delay, and will pay all costs that may be adjudged to the
defendant, and all damages which he may sustain by reason
of the writ of restitution having been issued, should the same
be wrongfully sued out. The court shall also enter an order
directing the parties to proceed to trial on the complaint and
answer in the usual manner.
If it appears to the court that the plaintiff should not be
restored to possession of the property, the court shall deny
plaintiff’s motion for a writ of restitution and enter an order
directing the parties to proceed to trial within thirty days on
the complaint and answer. If it appears to the court that there
is a substantial issue of material fact as to whether or not the
[Title 59 RCW—page 25]
59.18.390
Title 59 RCW: Landlord and Tenant
plaintiff is entitled to other relief as is prayed for in plaintiff’s
complaint and provided for in this chapter, or that there is a
genuine issue of a material fact pertaining to a legal or equitable defense or set-off raised in the defendant’s answer, the
court shall grant or deny so much of plaintiff’s other relief
sought and so much of defendant’s defenses or set-off
claimed, as may be proper. [1973 1st ex.s. c 207 § 39.]
59.18.390
59.18.390 Forcible entry or detainer or unlawful
detainer actions—Writ of restitution—Service—Defendant’s bond. (1) The sheriff shall, upon receiving the writ of
restitution, forthwith serve a copy thereof upon the defendant, his or her agent, or attorney, or a person in possession of
the premises, and shall not execute the same for three days
thereafter, and the defendant, or person in possession of the
premises within three days after the service of the writ of restitution may execute to the plaintiff a bond to be filed with
and approved by the clerk of the court in such sum as may be
fixed by the judge, with sufficient surety to be approved by
the clerk of the court, conditioned that they will pay to the
plaintiff such sum as the plaintiff may recover for the use and
occupation of the premises, or any rent found due, together
with all damages the plaintiff may sustain by reason of the
defendant occupying or keeping possession of the premises,
together with all damages which the court theretofore has
awarded to the plaintiff as provided in this chapter, and also
all the costs of the action. The plaintiff, his or her agent or
attorneys, shall have notice of the time and place where the
court or judge thereof shall fix the amount of the defendant’s
bond, and shall have notice and a reasonable opportunity to
examine into the qualification and sufficiency of the sureties
upon the bond before the bond shall be approved by the clerk.
After the issuance of a writ of restitution, acceptance of a
payment by the landlord or plaintiff that only partially satisfies the judgment will not invalidate the writ unless pursuant
to a written agreement executed by both parties. The eviction
will not be postponed or stopped unless a copy of that written
agreement is provided to the sheriff. It is the responsibility of
the tenant or defendant to ensure a copy of the agreement is
provided to the sheriff. Upon receipt of the agreement the
sheriff will cease action unless ordered to do otherwise by the
court. The writ of restitution and the notice that accompanies
the writ of restitution required under RCW 59.18.312 shall
conspicuously state in bold face type, all capitals, not less
than twelve points information about partial payments as set
forth in subsection (2) of this section. If the writ of restitution
has been based upon a finding by the court that the tenant,
subtenant, sublessee, or a person residing at the rental premises has engaged in drug-related activity or has allowed any
other person to engage in drug-related activity at those premises with his or her knowledge or approval, neither the tenant, the defendant, nor a person in possession of the premises
shall be entitled to post a bond in order to retain possession of
the premises. The writ may be served by the sheriff, in the
event he or she shall be unable to find the defendant, an agent
or attorney, or a person in possession of the premises, by
affixing a copy of the writ in a conspicuous place upon the
premises: PROVIDED, That the sheriff shall not require any
bond for the service or execution of the writ. The sheriff shall
be immune from all civil liability for serving and enforcing
[Title 59 RCW—page 26]
writs of restitution unless the sheriff is grossly negligent in
carrying out his or her duty.
(2) The notice accompanying a writ of restitution
required under RCW 59.18.312 shall be substantially similar
to the following:
IMPORTANT NOTICE - PARTIAL PAYMENTS
YOUR LANDLORD’S ACCEPTANCE OF A PARTIAL PAYMENT FROM YOU AFTER SERVICE OF
THIS WRIT OF RESTITUTION WILL NOT AUTOMATICALLY POSTPONE OR STOP YOUR EVICTION. IF YOU HAVE A WRITTEN AGREEMENT
WITH YOUR LANDLORD THAT THE EVICTION
WILL BE POSTPONED OR STOPPED, IT IS YOUR
RESPONSIBILITY TO PROVIDE A COPY OF THE
AGREEMENT TO THE SHERIFF. THE SHERIFF
WILL NOT CEASE ACTION UNLESS YOU PROVIDE
A COPY OF THE AGREEMENT. AT THE DIRECTION OF THE COURT THE SHERIFF MAY TAKE
FURTHER ACTION.
[1997 c 255 § 1; 1989 c 342 § 11; 1988 c 150 § 3; 1973 1st
ex.s. c 207 § 40.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
59.18.400
59.18.400 Forcible entry or detainer or unlawful
detainer actions—Writ of restitution—Answer of defendant. On or before the day fixed for his appearance the
defendant may appear and answer. The defendant in his
answer may assert any legal or equitable defense or set-off
arising out of the tenancy. If the complaint alleges that the
tenancy should be terminated because the defendant tenant,
subtenant, sublessee, or resident engaged in drug-related
activity, or allowed any other person to engage in drugrelated activity at the rental premises with his or her knowledge or consent, no set-off shall be allowed as a defense to
the complaint. [1988 c 150 § 4; 1973 1st ex.s. c 207 § 41.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
59.18.410
59.18.410 Forcible entry or detainer or unlawful
detainer actions—Writ of restitution—Judgment—Execution. If upon the trial the verdict of the jury or, if the case
be tried without a jury, the finding of the court be in favor of
the plaintiff and against the defendant, judgment shall be
entered for the restitution of the premises; and if the proceeding be for unlawful detainer after neglect or failure to perform
any condition or covenant of a lease or agreement under
which the property is held, or after default in the payment of
rent, the judgment shall also declare the forfeiture of the
lease, agreement or tenancy. The jury, or the court, if the proceedings be tried without a jury, shall also assess the damages
arising out of the tenancy occasioned to the plaintiff by any
forcible entry, or by any forcible or unlawful detainer, alleged
in the complaint and proved on the trial, and, if the alleged
unlawful detainer be after default in the payment of rent, find
the amount of any rent due, and the judgment shall be rendered against the defendant guilty of the forcible entry, forcible detainer or unlawful detainer for the amount of damages
thus assessed and for the rent, if any, found due, and the court
(2006 Ed.)
Residential Landlord-Tenant Act
may award statutory costs and reasonable attorney’s fees.
When the proceeding is for an unlawful detainer after default
in the payment of rent, and the lease or agreement under
which the rent is payable has not by its terms expired, execution upon the judgment shall not be issued until the expiration
of five days after the entry of the judgment, within which
time the tenant or any subtenant, or any mortgagee of the
term, or other party interested in the continuance of the tenancy, may pay into court for the landlord the amount of the
judgment and costs, and thereupon the judgment shall be satisfied and the tenant restored to his tenancy; but if payment,
as herein provided, be not made within five days the judgment may be enforced for its full amount and for the possession of the premises. In all other cases the judgment may be
enforced immediately. If writ of restitution shall have been
executed prior to judgment no further writ or execution for
the premises shall be required. [1973 1st ex.s. c 207 § 42.]
59.18.415
59.18.415 Applicability to certain single family
dwelling leases. The provisions of this chapter shall not
apply to any lease of a single family dwelling for a period of
a year or more or to any lease of a single family dwelling containing a bona fide option to purchase by the tenant: PROVIDED, That an attorney for the tenant must approve on the
face of the agreement any lease exempted from the provisions
of this chapter as provided for in this section. [1989 c 342 §
12; 1973 1st ex.s. c 207 § 43.]
59.18.420
59.18.420 RCW 59.12.090, 59.12.100, 59.12.121, and
59.12.170 inapplicable. The provisions of RCW 59.12.090,
59.12.100, 59.12.121, and 59.12.170 shall not apply to any
rental agreement included under the provisions of chapter
59.18 RCW. [1973 1st ex.s. c 207 § 44.]
59.18.430
59.18.430 Applicability to prior, existing or future
leases. RCW 59.18.010 through 59.18.360 and 59.18.900
shall not apply to any lease entered into prior to July 16,
1973. All provisions of this chapter shall apply to any lease or
periodic tenancy entered into on or subsequent to July 16,
1973. [1973 1st ex.s. c 207 § 47.]
59.18.440
59.18.440 Relocation assistance for low-income tenants—Certain cities, towns, counties, municipal corporations authorized to require. (1) Any city, town, county, or
municipal corporation that is required to develop a comprehensive plan under RCW 36.70A.040(1) is authorized to
require, after reasonable notice to the public and a public
hearing, property owners to provide their portion of reasonable relocation assistance to low-income tenants upon the
demolition, substantial rehabilitation whether due to code
enforcement or any other reason, or change of use of residential property, or upon the removal of use restrictions in an
assisted-housing development. No city, town, county, or
municipal corporation may require property owners to provide relocation assistance to low-income tenants, as defined
in this chapter, upon the demolition, substantial rehabilitation, upon the change of use of residential property, or upon
the removal of use restrictions in an assisted-housing development, except as expressly authorized herein or when authorized or required by state or federal law. As used in this sec(2006 Ed.)
59.18.440
tion, "assisted housing development" means a multifamily
rental housing development that either receives government
assistance and is defined as federally assisted housing in
RCW 59.28.020, or that receives other federal, state, or local
government assistance and is subject to use restrictions.
(2) As used in this section, "low-income tenants" means
tenants whose combined total income per dwelling unit is at
or below fifty percent of the median income, adjusted for
family size, in the county where the tenants reside.
The department of community, trade, and economic
development shall adopt rules defining county median
income in accordance with the definitions promulgated by
the federal department of housing and urban development.
(3) A requirement that property owners provide relocation assistance shall include the amounts of such assistance to
be provided to low-income tenants. In determining such
amounts, the jurisdiction imposing the requirement shall
evaluate, and receive public testimony on, what relocation
expenses displaced tenants would reasonably incur in that
jurisdiction including:
(a) Actual physical moving costs and expenses;
(b) Advance payments required for moving into a new
residence such as the cost of first and last month’s rent and
security and damage deposits;
(c) Utility connection fees and deposits; and
(d) Anticipated additional rent and utility costs in the residence for one year after relocation.
(4)(a) Relocation assistance provided to low-income tenants under this section shall not exceed two thousand dollars
for each dwelling unit displaced by actions of the property
owner under subsection (1) of this section. A city, town,
county, or municipal corporation may make future annual
adjustments to the maximum amount of relocation assistance
required under this subsection in order to reflect any changes
in the housing component of the consumer price index as
published by the United States department of labor, bureau of
labor statistics.
(b) The property owner’s portion of any relocation assistance provided to low-income tenants under this section shall
not exceed one-half of the required relocation assistance
under (a) of this subsection in cash or services.
(c) The portion of relocation assistance not covered by
the property owner under (b) of this subsection shall be paid
by the city, town, county, or municipal corporation authorized to require relocation assistance under subsection (1) of
this section. The relocation assistance may be paid from proceeds collected from the excise tax imposed under RCW
82.46.010.
(5) A city, town, county, or municipal corporation
requiring the provision of relocation assistance under this
section shall adopt policies, procedures, or regulations to
implement such requirement. Such policies, procedures, or
regulations shall include provisions for administrative hearings to resolve disputes between tenants and property owners
relating to relocation assistance or unlawful detainer actions
during relocation, and shall require a decision within thirty
days of a request for a hearing by either a tenant or property
owner.
[Title 59 RCW—page 27]
59.18.450
Title 59 RCW: Landlord and Tenant
Judicial review of an administrative hearing decision
relating to relocation assistance may be had by filing a petition, within ten days of the decision, in the superior court in
the county where the residential property is located. Judicial
review shall be confined to the record of the administrative
hearing and the court may reverse the decision only if the
administrative findings, inferences, conclusions, or decision
is:
(a) In violation of constitutional provisions;
(b) In excess of the authority or jurisdiction of the
administrative hearing officer;
(c) Made upon unlawful procedure or otherwise is contrary to law; or
(d) Arbitrary and capricious.
(6) Any city, town, county, or municipal corporation
may require relocation assistance, under the terms of this section, for otherwise eligible tenants whose living arrangements are exempted from the provisions of this chapter under
RCW 59.18.040(3) and if the living arrangement is considered to be a rental or lease not defined as a retail sale under
RCW 82.04.050.
(7)(a) Persons who move from a dwelling unit prior to
the application by the owner of the dwelling unit for any governmental permit necessary for the demolition, substantial
rehabilitation, or change of use of residential property or
prior to any notification or filing required for condominium
conversion shall not be entitled to the assistance authorized
by this section.
(b) Persons who move into a dwelling unit after the
application for any necessary governmental permit or after
any required condominium conversion notification or filing
shall not be entitled to the assistance authorized by this section if such persons receive written notice from the property
owner prior to taking possession of the dwelling unit that specifically describes the activity or condition that may result in
their temporary or permanent displacement and advises them
of their ineligibility for relocation assistance. [1997 c 452 §
17; 1995 c 399 § 151; 1990 1st ex.s. c 17 § 49.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
59.18.450
59.18.450 Relocation assistance for low-income tenants—Payments not considered income—Eligibility for
other assistance not affected. Relocation assistance payments received by tenants under *RCW 59.18.440 shall not
be considered as income or otherwise affect the eligibility for
or amount of assistance paid under any government benefit
program. [1990 1st ex.s. c 17 § 50.]
*Reviser’s note: The reference in 1990 1st ex.s. c 17 § 50 to "section
50 of this act" is apparently erroneous and has been translated to RCW
59.18.440, which was 1990 1st ex.s. c 17 § 49.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
59.18.500
59.18.500 Gang-related activity—Legislative findings, declarations, and intent. The legislature finds and
declares that the ability to feel safe and secure in one’s own
home and in one’s own community is of primary importance.
[Title 59 RCW—page 28]
The legislature recognizes that certain gang-related activity
can affect the safety of a considerable number of people in
the rental premises and dwelling units. Therefore, such activity, although it may be occurring within an individual’s home
or the surrounding areas of an individual’s home, becomes
the community’s concern.
The legislature intends that the remedy provided in RCW
59.18.510 be used solely to protect the health and safety of
the community. The remedy is not a means for private citizens to bring malicious or unfounded actions against fellow
tenants or residential neighbors for personal reasons. In determining whether the tenant’s activity is the type prohibited
under RCW 59.18.130(9), the court should consider the totality of the circumstances, including factors such as whether
there have been numerous complaints to the landlord, damage to property, police or incident reports, reports of disturbance, and arrests. An absence of any or all of these factors
does not necessarily mean gang activity is not occurring. In
determining whether the tenant is engaging in gang-related
activity, the court should consider the purpose and intent of
RCW 59.18.510. The legislature intends to give people in the
community a tool that will help them restore the health and
vibrance of their community. [1998 c 276 § 4.]
59.18.510
59.18.510 Gang-related activity—Notice and
demand the landlord commence unlawful detainer
action—Petition to court—Attorneys’ fees. (1)(a) Any
person whose life, safety, health, or use of property is being
injured or endangered by a tenant’s gang-related activity,
who has legal standing and resides, works in, or owns property in the same multifamily building, apartment complex, or
within a one-block radius may serve the landlord with a tenday notice and demand that the landlord commence an
unlawful detainer action against the tenant. The notice and
demand must set forth, in reasonable detail, facts and circumstances that lead the person to believe gang-related activity is
occurring. The notice and demand shall be served by delivering a copy personally to the landlord or the landlord’s agent.
If the person is unable to personally serve the landlord after
exercising due diligence, the person may deposit the notice
and demand in the mail, postage prepaid, to the landlord’s or
the landlord’s agent’s last known address.
(b) A copy of the notice and demand must also be served
upon the tenant engaging in the gang-related activity by
delivering a copy personally to the tenant. However, if the
person is prevented from personally serving the tenant due to
threats or violence, or if personal service is not reasonable
under the circumstances, the person may deposit the notice
and demand in the mail, postage prepaid, to the tenant’s
address, or leave a copy of the notice and demand in a conspicuous location at the tenant’s residence.
(2)(a) Within ten days from the time the notice and
demand is served, the landlord has a duty to take reasonable
steps to investigate the tenant’s alleged noncompliance with
RCW 59.18.130(9). The landlord must notify the person who
brought the notice and demand that an investigation is occurring. The landlord has ten days from the time he or she notifies the person in which to conduct a reasonable investigation.
(b) If, after reasonable investigation, the landlord finds
that the tenant is not in compliance with RCW 59.18.130(9),
(2006 Ed.)
Residential Landlord-Tenant Act
the landlord may proceed directly to an unlawful detainer
action or take reasonable steps to ensure the tenant discontinues the prohibited activity and complies with RCW
59.18.130(9). The landlord shall notify the person who
served the notice and demand of whatever action the landlord
takes.
(c) If, after reasonable investigation, the landlord finds
that the tenant is in compliance with RCW 59.18.130(9), the
landlord shall notify the person who served the notice and
demand of the landlord’s findings.
(3) The person who served the notice and demand may
petition the appropriate court to have the tenancy terminated
and the tenant removed from the premises if: (a) Within ten
days of service of the notice and demand, the tenant fails to
discontinue the gang-related activity and the landlord fails to
conduct a reasonable investigation; or (b) the landlord notifies the person that the landlord conducted a reasonable
investigation and found that the tenant was not engaged in
gang-related activity as prohibited under RCW 59.18.130(9);
or (c) the landlord took reasonable steps to have the tenant
comply with RCW 59.18.130(9), but the tenant has failed to
comply within a reasonable time.
(4) If the court finds that the tenant was not in compliance with RCW 59.18.130(9), the court shall enter an order
terminating the tenancy and requiring the tenant to vacate the
premises. The court shall not issue the order terminating the
tenancy unless it has found that the allegations of gangrelated activity are corroborated by a source other than the
person who has petitioned the court.
(5) The prevailing party shall recover reasonable attorneys’ fees and costs. The court may impose sanctions, in
addition to attorneys’ fees, on a person who has brought an
action under this chapter against the same tenant on more
than one occasion, if the court finds the petition was brought
with the intent to harass. However, the court must order the
landlord to pay costs and reasonable attorneys’ fees to the
person petitioning for termination of the tenancy if the court
finds that the landlord failed to comply with the duty to investigate, regardless of which party prevails. [1998 c 276 § 5.]
59.18.550
59.18.550 Drug and alcohol free housing—Program
of recovery—Terms—Application of chapter. (1) For the
purpose of this section, "drug and alcohol free housing"
requires a rental agreement and means a dwelling in which:
(a) Each of the dwelling units on the premises is occupied or held for occupancy by at least one tenant who is a
recovering alcoholic or drug addict and is participating in a
program of recovery;
(b) The landlord is a nonprofit corporation incorporated
under Title 24 RCW, a corporation for profit incorporated
under Title 23B RCW, or a housing authority created under
chapter 35.82 RCW, and is providing federally assisted housing as defined in chapter 59.28 RCW;
(c) The landlord provides:
(i) A drug and alcohol free environment, covering all
tenants, employees, staff, agents of the landlord, and guests;
(ii) An employee who monitors the tenants for compliance with the requirements of (d) of this subsection;
(iii) Individual and group support for recovery; and
(iv) Access to a specified program of recovery; and
(2006 Ed.)
59.18.550
(d) The rental agreement is in writing and includes the
following provisions:
(i) The tenant may not use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, either on or off the premises;
(ii) The tenant may not allow the tenant’s guests to use,
possess, or share alcohol, illegal drugs, controlled substances,
or prescription drugs without a medical prescription, on the
premises;
(iii) The tenant must participate in a program of recovery, which specific program is described in the rental agreement;
(iv) On at least a quarterly basis the tenant must provide
written verification from the tenant’s program of recovery
that the tenant is participating in the program of recovery and
the tenant has not used alcohol or illegal drugs;
(v) The landlord has the right to require the tenant to take
a urine analysis test regarding drug or alcohol usage, at the
landlord’s discretion and expense; and
(vi) The landlord has the right to terminate the tenant’s
tenancy by delivering a three-day notice to terminate with
one day to comply, if a tenant living in drug and alcohol free
housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical
prescription.
(2) For the purpose of this section, "program of recovery" means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist
recovering alcoholics or drug addicts to recover from their
addiction to alcohol or illegal drugs while living in drug and
alcohol free housing. A "program of recovery" includes
Alcoholics Anonymous, Narcotics Anonymous, and similar
programs.
(3) If a tenant living for less than two years in drug and
alcohol free housing uses, possesses, or shares alcohol, illegal
drugs, controlled substances, or prescription drugs without a
medical prescription, the landlord may deliver a written
notice to the tenant terminating the tenancy for cause as provided in this subsection. The notice must specify the acts
constituting the drug or alcohol violation and must state that
the rental agreement terminates in not less than three days
after delivery of the notice, at a specified date and time. The
notice must also state that the tenant can cure the drug or
alcohol violation by a change in conduct or otherwise within
one day after delivery of the notice. If the tenant cures the
violation within the one-day period, the rental agreement
does not terminate. If the tenant does not cure the violation
within the one-day period, the rental agreement terminates as
provided in the notice. If substantially the same act that constituted a prior drug or alcohol violation of which notice was
given reoccurs within six months, the landlord may terminate
the rental agreement upon at least three days’ written notice
specifying the violation and the date and time of termination
of the rental agreement. The tenant does not have a right to
cure this subsequent violation.
(4) Notwithstanding subsections (1), (2), and (3) of this
section, federally assisted housing that is occupied on other
than a transient basis by persons who are required to abstain
from possession or use of alcohol or drugs as a condition of
occupancy and who pay for the use of the housing on a periodic basis, without regard to whether the payment is charac[Title 59 RCW—page 29]
59.18.570
Title 59 RCW: Landlord and Tenant
terized as rent, program fees, or other fees, costs, or charges,
are covered by this chapter unless the living arrangement is
exempt under RCW 59.18.040. [2003 c 382 § 1.]
59.18.570 Victim protection—Definitions. The definitions in this section apply throughout this section and RCW
59.18.575 through 59.18.585 unless the context clearly
requires otherwise.
(1) "Domestic violence" has the same meaning as set
forth in RCW 26.50.010.
(2) "Sexual assault" has the same meaning as set forth in
RCW 70.125.030.
(3) "Stalking" has the same meaning as set forth in RCW
9A.46.110.
(4) "Qualified third party" means any of the following
people acting in their official capacity:
(a) Law enforcement officers;
(b) Persons subject to the provisions of chapter 18.120
RCW;
(c) Employees of a court of the state;
(d) Licensed mental health professionals or other
licensed counselors;
(e) Employees of crime victim/witness programs as
defined in RCW 7.69.020 who are trained advocates for the
program; and
(f) Members of the clergy as defined in RCW 26.44.020.
(5) "Household member" means a child or adult residing
with the tenant other than the perpetrator of domestic violence, stalking, or sexual assault.
(6) "Tenant screening service provider" means any nongovernmental agency that provides, for a fee, background
information on prospective tenants to landlords.
(7) "Credit reporting agency" has the same meaning as
set forth in RCW 19.182.010(5). [2004 c 17 § 2.]
59.18.570
Findings—Intent—2004 c 17: "The legislature finds and declares that:
(1) Domestic violence, sexual assault, and stalking are widespread
societal problems that have devastating effects for individual victims, their
children, and their communities. Victims of violence may be forced to
remain in unsafe situations because they are bound by residential lease
agreements. The legislature finds that the inability of victims to terminate
their rental agreements hinders or prevents victims from being able to safely
flee domestic violence, sexual assault, or stalking. The legislature further
finds that victims of these crimes who do not have access to safe housing are
more likely to remain in or return to abusive or dangerous situations. Also,
the legislature finds that victims of these crimes are further victimized when
they are unable to obtain or retain rental housing due to their history as a victim of these crimes. The legislature further finds that evidence that a prospective tenant has been a victim of domestic violence, sexual assault, or
stalking is not relevant to the decision whether to rent to that prospective tenant.
(2) By this act, the legislature intends to increase safety for victims of
domestic violence, sexual assault, and stalking by removing barriers to
safety and offering protection against discrimination." [2004 c 17 § 1.]
Effective date—2004 c 17: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 15, 2004]." [2004 c 17 § 7.]
59.18.575 Victim protection—Notice to landlord—
Termination of rental agreement—Procedures. (1)(a) If a
tenant notifies the landlord in writing that he or she or a
household member was a victim of an act that constitutes a
crime of domestic violence, sexual assault, or stalking, and
either (a)(i) or (ii) of this subsection applies, then subsection
(2) of this section applies:
(i) The tenant or the household member has a valid order
for protection under one or more of the following: Chapter
7.90, 26.50, or 26.26 RCW or RCW 9A.46.040, 9A.46.050,
10.14.080, 10.99.040 (2) or (3), or 26.09.050; or
(ii) The tenant or the household member has reported the
domestic violence, sexual assault, or stalking to a qualified
third party acting in his or her official capacity and the qualified third party has provided the tenant or the household
member a written record of the report signed by the qualified
third party.
(b) When a copy of a valid order for protection or a written record of a report signed by a qualified third party, as
required under (a) of this subsection, is made available to the
landlord, the tenant may terminate the rental agreement and
quit the premises without further obligation under the rental
agreement or under chapter 59.12 RCW. However, the
request to terminate the rental agreement must occur within
ninety days of the reported act, event, or circumstance that
gave rise to the protective order or report to a qualified third
party. A record of the report to a qualified third party that is
provided to the tenant or household member shall consist of a
document signed and dated by the qualified third party stating: (i) That the tenant or the household member notified him
or her that he or she was a victim of an act or acts that constitute a crime of domestic violence, sexual assault, or stalking;
(ii) the time and date the act or acts occurred; (iii) the location
where the act or acts occurred; (iv) a brief description of the
act or acts of domestic violence, sexual assault, or stalking;
and (v) that the tenant or household member informed him or
her of the name of the alleged perpetrator of the act or acts.
The record of the report provided to the tenant or household
member shall not include the name of the alleged perpetrator
of the act or acts of domestic violence, sexual assault, or
stalking. The qualified third party shall keep a copy of the
record of the report and shall note on the retained copy the
name of the alleged perpetrator of the act or acts of domestic
violence, sexual assault, or stalking. The record of the report
to a qualified third party may be accomplished by completion
of a form provided by the qualified third party, in substantially the following form:
[Name of organization, agency, clinic, professional service
provider]
I and/or my . . . . . . (household member) am/is a victim
of
. . . domestic violence as defined by RCW
26.50.010.
. . . sexual assault as defined by RCW
70.125.030.
. . . stalking as defined by RCW 9A.46.110.
Briefly describe the incident of domestic violence, sexual assault, or stalking:
59.18.575
[Title 59 RCW—page 30]
The incident(s) that I rely on in support of this declaration occurred on the following date(s) and time(s) and at the
following location(s): .
The incident(s) that I rely on in support of this declaration were committed by the following person(s):
(2006 Ed.)
Manufactured/Mobile Home Landlord-Tenant Act
I state under penalty of perjury under the laws of the
state of Washington that the foregoing is true and correct.
Dated at . . . . . . . . . . (city) . ., Washington, this . . . day of .
. . ., 20. ..
...................
Signature of Tenant or
Household Member
I verify that I have provided to the person whose signature appears above the statutes cited in RCW 59.18.575 and
that the individual was a victim of an act that constitutes a
crime of domestic violence, sexual assault, or stalking, and
that the individual informed me of the name of the alleged
perpetrator of the act.
Dated this . . . day of . . . ., 20. ..
...................
Signature of authorized
officer/employee of
(Organization, agency,
clinic, professional service
provider)
(2) A tenant who terminates a rental agreement under
this section is discharged from the payment of rent for any
period following the last day of the month of the quitting
date. The tenant shall remain liable for the rent for the month
in which he or she terminated the rental agreement unless the
termination is in accordance with RCW 59.18.200(1). Notwithstanding lease provisions that allow for forfeiture of a
deposit for early termination, a tenant who terminates under
this section is entitled to the return of the full deposit, subject
to RCW 59.18.020 and 59.18.280. Other tenants who are
parties to the rental agreement, except household members
who are the victims of sexual assault, stalking, or domestic
violence, are not released from their obligations under the
rental agreement or other obligations under this chapter.
(3) The provision of verification of a report under subsection (1)(b) of this section does not waive the confidential
or privileged nature of the communication between a victim
of domestic violence, sexual assault, or stalking with a qualified third party pursuant to RCW 5.60.060, 70.123.075, or
70.125.065. No record or evidence obtained from such disclosure may be used in any civil, administrative, or criminal
proceeding against the victim unless a written waiver of
applicable evidentiary privilege is obtained, except that the
verification itself, and no other privileged information, under
subsection (1)(b) of this section may be used in civil proceedings brought under this section. [2006 c 138 § 27; 2004 c 17
§ 3.]
Short title—2006 c 138: See RCW 7.90.900.
Findings—Intent—Effective date—2004 c 17: See notes following
RCW 59.18.570.
(2) A landlord who refuses to enter into a rental agreement in violation of this section may be liable to the tenant or
applicant in a civil action for damages sustained by the tenant
or applicant. The prevailing party may also recover court
costs and reasonable attorneys’ fees.
(3) It is a defense to an unlawful detainer action under
chapter 59.12 RCW that the action to remove the tenant and
recover possession of the premises is in violation of subsection (1) of this section.
(4) This section does not prohibit adverse housing decisions based upon other lawful factors within the landlord’s
knowledge. [2004 c 17 § 4.]
Findings—Intent—Effective date—2004 c 17: See notes following
RCW 59.18.570.
59.18.585
59.18.585 Victim protection—Possession of dwelling
unit—Exclusion of others—New lock or key. (1) A tenant
who has obtained a court order from a court of competent
jurisdiction granting him or her possession of a dwelling unit
to the exclusion of one or more cotenants may request that a
lock be replaced or configured for a new key at the tenant’s
expense. The landlord shall, if provided a copy of the order,
comply with the request and shall not provide copies of the
new keys to the tenant restrained or excluded by the court’s
order. This section does not release a cotenant, other than a
household member who is the victim of domestic violence,
sexual assault, or stalking, from liability or obligations under
the rental agreement.
(2) A landlord who replaces a lock or configures for a
new key of a residential housing unit in accordance with subsection (1) of this section shall be held harmless from liability
for any damages that result directly from the lock change.
[2004 c 17 § 5.]
Findings—Intent—Effective date—2004 c 17: See notes following
RCW 59.18.570.
59.18.900
59.18.900 Severability—1973 1st ex.s. c 207. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the act, or its
application to other persons or circumstances, is not affected.
[1973 1st ex.s. c 207 § 37.]
59.18.910
59.18.910 Severability—1989 c 342. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 342 § 18.]
59.18.911
59.18.911 Effective date—1989 c 342. This act shall
take effect on August 1, 1989, and shall apply to landlordtenant relationships existing on or entered into after the effective date of this act. [1989 c 342 § 19.]
59.18.580
59.18.580 Victim protection—Limitation on landlord’s rental decisions. (1) A landlord may not terminate a
tenancy, fail to renew a tenancy, or refuse to enter into a
rental agreement based on the tenant’s or applicant’s or a
household member’s status as a victim of domestic violence,
sexual assault, or stalking, or based on the tenant or applicant
having terminated a rental agreement under RCW 59.18.575.
(2006 Ed.)
Chapter 59.20
Chapter 59.20
Chapter 59.20 RCW
MANUFACTURED/MOBILE HOME
LANDLORD-TENANT ACT
(Formerly: Mobile Home Landlord-Tenant Act)
Sections
59.20.010
59.20.020
Short title.
Rights and remedies—Obligation of good faith required.
[Title 59 RCW—page 31]
59.20.010
59.20.030
59.20.040
59.20.045
59.20.050
59.20.060
59.20.070
59.20.073
59.20.074
59.20.075
59.20.080
59.20.090
59.20.100
59.20.110
59.20.120
59.20.130
59.20.135
59.20.140
59.20.145
59.20.150
59.20.155
59.20.160
59.20.170
59.20.180
59.20.190
59.20.200
59.20.210
59.20.220
59.20.230
59.20.240
59.20.250
59.20.260
59.20.270
59.20.280
59.20.290
59.20.900
59.20.901
Title 59 RCW: Landlord and Tenant
Definitions.
Chapter applies to rental agreements regarding mobile home
lots, cooperatives, or subdivisions—Applicability of and
construction with provisions of chapters 59.12 and 59.18
RCW.
Enforceability of rules against a tenant.
Written rental agreement for term of one year or more
required—Waiver—Exceptions—Application of section.
Rental agreements—Required contents—Prohibited provisions.
Prohibited acts by landlord.
Transfer of rental agreements.
Rent—Liability of secured party with right to possession.
Presumption of reprisal or retaliatory action.
Grounds for termination of tenancy or occupancy or failure to
renew a tenancy or occupancy—Notice—Mediation.
Term of rental agreements—Renewal—Nonrenewal—Termination—Armed forces exception—Notices.
Improvements.
Attorney’s fees and costs.
Venue.
Duties of landlord.
Maintenance of permanent structures—Findings and declarations—Definition.
Duties of tenant.
Live-in care provider—Not a tenant—Agreements—Guest
fee.
Service of notice on landlord or tenant.
Seizure of illegal drugs—Notification of landlord.
Moneys paid as deposit or security for performance by tenant—Written rental agreement to specify terms and conditions for retention by landlord.
Moneys paid as deposit or security for performance by tenant—Deposit by landlord in trust account—Receipt—
Claims.
Moneys paid as deposit or security for performance by tenant—Statement and notice of basis for retention.
Health and sanitation standards—Penalties.
Landlord—Failure to carry out duties—Notice from tenant—
Time limits for landlord’s remedial action.
Landlord—Failure to carry out duties—Repairs effected by
tenant—Bids—Notice—Deduction of cost from rent—Limitations.
Landlord—Failure to carry out duties—Judgment by court or
arbitrator for diminished rental value and repair costs—
Enforcement of judgment—Reduction in rent.
Defective condition—Unfeasible to remedy defect—Termination of tenancy.
Payment of rent condition to exercising remedies.
Mediation of disputes by independent third party.
Arbitration—Authorized—Selection of arbitrator—Procedure.
Arbitration—Application—Hearings—Decisions.
Arbitration—Fee.
Arbitration—Completion of arbitration after giving notice.
Severability—1977 ex.s. c 279.
Effective date—1999 c 359.
Filing fees for unlawful detainer actions: RCW 36.18.012.
Office of mobile home affairs: Chapter 59.22 RCW.
Smoke detection devices required in dwelling units: RCW 43.44.110.
59.20.010
59.20.010 Short title. This chapter shall be known and
may be cited as the "Manufactured/Mobile Home LandlordTenant Act". [1999 c 359 § 1; 1977 ex.s. c 279 § 1.]
59.20.020
59.20.020 Rights and remedies—Obligation of good
faith required. Every duty under this chapter and every act
which must be performed as a condition precedent to the
exercise of a right or remedy under this chapter imposes an
obligation of good faith in its performance or enforcement.
[1977 ex.s. c 279 § 2.]
59.20.030
59.20.030 Definitions. For purposes of this chapter:
(1) "Abandoned" as it relates to a mobile home, manufactured home, or park model owned by a tenant in a mobile
home park, mobile home park cooperative, or mobile home
[Title 59 RCW—page 32]
park subdivision or tenancy in a mobile home lot means the
tenant has defaulted in rent and by absence and by words or
actions reasonably indicates the intention not to continue tenancy;
(2) "Landlord" means the owner of a mobile home park
and includes the agents of a landlord;
(3) "Manufactured home" means a single-family dwelling built according to the United States department of housing and urban development manufactured home construction
and safety standards act, which is a national preemptive
building code. A manufactured home also: (a) Includes
plumbing, heating, air conditioning, and electrical systems;
(b) is built on a permanent chassis; and (c) can be transported
in one or more sections with each section at least eight feet
wide and forty feet long when transported, or when installed
on the site is three hundred twenty square feet or greater;
(4) "Mobile home" means a factory-built dwelling built
prior to June 15, 1976, to standards other than the United
States department of housing and urban development code,
and acceptable under applicable state codes in effect at the
time of construction or introduction of the home into the
state. Mobile homes have not been built since the introduction of the United States department of housing and urban
development manufactured home construction and safety act;
(5) "Mobile home lot" means a portion of a mobile home
park or manufactured housing community designated as the
location of one mobile home, manufactured home, or park
model and its accessory buildings, and intended for the exclusive use as a primary residence by the occupants of that
mobile home, manufactured home, or park model;
(6) "Mobile home park" or "manufactured housing community" means any real property which is rented or held out
for rent to others for the placement of two or more mobile
homes, manufactured homes, or park models for the primary
purpose of production of income, except where such real
property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy;
(7) "Mobile home park cooperative" or "manufactured
housing cooperative" means real property consisting of common areas and two or more lots held out for placement of
mobile homes, manufactured homes, or park models in which
both the individual lots and the common areas are owned by
an association of shareholders which leases or otherwise
extends the right to occupy individual lots to its own members;
(8) "Mobile home park subdivision" or "manufactured
housing subdivision" means real property, whether it is called
a subdivision, condominium, or planned unit development,
consisting of common areas and two or more lots held for
placement of mobile homes, manufactured homes, or park
models in which there is private ownership of the individual
lots and common, undivided ownership of the common areas
by owners of the individual lots;
(9) "Park model" means a recreational vehicle intended
for permanent or semi-permanent installation and is used as a
primary residence;
(10) "Recreational vehicle" means a travel trailer, motor
home, truck camper, or camping trailer that is primarily
designed and used as temporary living quarters, is either selfpropelled or mounted on or drawn by another vehicle, is tran(2006 Ed.)
Manufactured/Mobile Home Landlord-Tenant Act
sient, is not occupied as a primary residence, and is not
immobilized or permanently affixed to a mobile home lot;
(11) "Tenant" means any person, except a transient, who
rents a mobile home lot;
(12) "Transient" means a person who rents a mobile
home lot for a period of less than one month for purposes
other than as a primary residence;
(13) "Occupant" means any person, including a live-in
care provider, other than a tenant, who occupies a mobile
home, manufactured home, or park model and mobile home
lot. [2003 c 127 § 1; 1999 c 359 § 2; 1998 c 118 § 1; 1993 c
66 § 15; 1981 c 304 § 4; 1980 c 152 § 3; 1979 ex.s. c 186 § 1;
1977 ex.s. c 279 § 3.]
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 186 § 30.]
59.20.040
59.20.040 Chapter applies to rental agreements
regarding mobile home lots, cooperatives, or subdivisions—Applicability of and construction with provisions
of chapters 59.12 and 59.18 RCW. This chapter shall regulate and determine legal rights, remedies, and obligations
arising from any rental agreement between a landlord and a
tenant regarding a mobile home lot and including specified
amenities within the mobile home park, mobile home park
cooperative, or mobile home park subdivision, where the tenant has no ownership interest in the property or in the association which owns the property, whose uses are referred to as
a part of the rent structure paid by the tenant. All such rental
agreements shall be unenforceable to the extent of any conflict with any provision of this chapter. Chapter 59.12 RCW
shall be applicable only in implementation of the provisions
of this chapter and not as an alternative remedy to this chapter
which shall be exclusive where applicable: PROVIDED,
That the provision of RCW 59.12.090, 59.12.100, and
59.12.170 shall not apply to any rental agreement included
under the provisions of this chapter. RCW 59.18.055 and
59.18.370 through 59.18.410 shall be applicable to any action
of forcible entry or detainer or unlawful detainer arising from
a tenancy under the provisions of this chapter, except when a
mobile home, manufactured home, or park model or a tenancy in a mobile home lot is abandoned. Rentals of mobile
homes, manufactured homes, or park models themselves are
governed by the Residential Landlord-Tenant Act, chapter
59.18 RCW. [1999 c 359 § 3; 1997 c 86 § 2; 1981 c 304 § 5;
1979 ex.s. c 186 § 2; 1977 ex.s. c 279 § 4.]
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.045
59.20.045 Enforceability of rules against a tenant.
Rules are enforceable against a tenant only if:
(1) Their purpose is to promote the convenience, health,
safety, or welfare of the residents, protect and preserve the
premises from abusive use, or make a fair distribution of services and facilities made available for the tenants generally;
(2) They are reasonably related to the purpose for which
they are adopted;
(3) They apply to all tenants in a fair manner;
(2006 Ed.)
59.20.060
(4) They are not for the purpose of evading an obligation
of the landlord; and
(5) They are not retaliatory or discriminatory in nature.
[1993 c 66 § 18.]
59.20.050
59.20.050 Written rental agreement for term of one
year or more required—Waiver—Exceptions—Application of section. (1) No landlord may offer a mobile home lot
for rent to anyone without offering a written rental agreement
for a term of one year or more. No landlord may offer to anyone any rental agreement for a term of one year or more for
which the monthly rental is greater, or the terms of payment
or other material conditions more burdensome to the tenant,
than any month-to-month rental agreement also offered to
such tenant or prospective tenant. Anyone who desires to
occupy a mobile home lot for other than a term of one year or
more may have the option to be on a month-to-month basis
but must waive, in writing, the right to such one year or more
term: PROVIDED, That annually, at any anniversary date of
the tenancy the tenant may require that the landlord provide a
written rental agreement for a term of one year. No landlord
shall allow a mobile home, manufactured home, or park
model to be moved into a mobile home park in this state until
a written rental agreement has been signed by and is in the
possession of the parties: PROVIDED, That if the landlord
allows the tenant to move a mobile home, manufactured
home, or park model into a mobile home park without obtaining a written rental agreement for a term of one year or more,
or a written waiver of the right to a one-year term or more, the
term of the tenancy shall be deemed to be for one year from
the date of occupancy of the mobile home lot;
(2) The requirements of subsection (1) of this section
shall not apply if:
(a) The mobile home park or part thereof has been
acquired or is under imminent threat of condemnation for a
public works project, or
(b) An employer-employee relationship exists between a
landlord and tenant;
(3) The provisions of this section shall apply to any tenancy upon expiration of the term of any oral or written rental
agreement governing such tenancy. [1999 c 359 § 4; 1981 c
304 § 37; 1980 c 152 § 4; 1979 ex.s. c 186 § 3; 1977 ex.s. c
279 § 5.]
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.060
59.20.060 Rental agreements—Required contents—
Prohibited provisions. (1) Any mobile home space tenancy
regardless of the term, shall be based upon a written rental
agreement, signed by the parties, which shall contain:
(a) The terms for the payment of rent, including time and
place, and any additional charges to be paid by the tenant.
Additional charges that occur less frequently than monthly
shall be itemized in a billing to the tenant;
(b) Reasonable rules for guest parking which shall be
clearly stated;
(c) The rules and regulations of the park;
(d) The name and address of the person who is the landlord, and if such person does not reside in the state there shall
also be designated by name and address a person who resides
[Title 59 RCW—page 33]
59.20.070
Title 59 RCW: Landlord and Tenant
in the county where the mobile home park is located who is
authorized to act as agent for the purposes of service of
notices and process. If no designation is made of a person to
act as agent, then the person to whom rental payments are to
be made shall be considered the agent;
(e) The name and address of any party who has a secured
interest in the mobile home, manufactured home, or park
model;
(f) A forwarding address of the tenant or the name and
address of a person who would likely know the whereabouts
of the tenant in the event of an emergency or an abandonment
of the mobile home, manufactured home, or park model;
(g)(i) A covenant by the landlord that, except for acts or
events beyond the control of the landlord, the mobile home
park will not be converted to a land use that will prevent the
space that is the subject of the lease from continuing to be
used for its intended use for a period of three years after the
beginning of the term of the rental agreement;
(ii) A rental agreement may, in the alternative, contain a
statement that: "The park may be sold or otherwise transferred at any time with the result that subsequent owners may
close the mobile home park, or that the landlord may close
the park at any time after the required notice." The covenant
or statement required by this subsection must: (A) Appear in
print that is in bold face and is larger than the other text of the
rental agreement; (B) be set off by means of a box, blank
space, or comparable visual device; and (C) be located
directly above the tenant’s signature on the rental agreement.
(h) The terms and conditions under which any deposit or
portion thereof may be withheld by the landlord upon termination of the rental agreement if any moneys are paid to the
landlord by the tenant as a deposit or as security for performance of the tenant’s obligations in a rental agreement;
(i) A listing of the utilities, services, and facilities which
will be available to the tenant during the tenancy and the
nature of the fees, if any, to be charged;
(j) A description of the boundaries of a mobile home
space sufficient to inform the tenant of the exact location of
the tenant’s space in relation to other tenants’ spaces;
(k) A statement of the current zoning of the land on
which the mobile home park is located; and
(l) A statement of the expiration date of any conditional
use, temporary use, or other land use permit subject to a fixed
expiration date that is necessary for the continued use of the
land as a mobile home park.
(2) Any rental agreement executed between the landlord
and tenant shall not contain any provision:
(a) Which allows the landlord to charge a fee for guest
parking unless a violation of the rules for guest parking
occurs: PROVIDED, That a fee may be charged for guest
parking which covers an extended period of time as defined
in the rental agreement;
(b) Which authorizes the towing or impounding of a
vehicle except upon notice to the owner thereof or the tenant
whose guest is the owner of the vehicle;
(c) Which allows the landlord to alter the due date for
rent payment or increase the rent: (i) During the term of the
rental agreement if the term is less than one year, or (ii) more
frequently than annually if the term is for one year or more:
PROVIDED, That a rental agreement may include an escalation clause for a pro rata share of any increase in the mobile
[Title 59 RCW—page 34]
home park’s real property taxes or utility assessments or
charges, over the base taxes or utility assessments or charges
of the year in which the rental agreement took effect, if the
clause also provides for a pro rata reduction in rent or other
charges in the event of a reduction in real property taxes or
utility assessments or charges, below the base year: PROVIDED FURTHER, That a rental agreement for a term
exceeding one year may provide for annual increases in rent
in specified amounts or by a formula specified in such agreement;
(d) By which the tenant agrees to waive or forego rights
or remedies under this chapter;
(e) Allowing the landlord to charge an "entrance fee" or
an "exit fee." However, an entrance fee may be charged as
part of a continuing care contract as defined in RCW
70.38.025;
(f) Which allows the landlord to charge a fee for guests:
PROVIDED, That a landlord may establish rules charging for
guests who remain on the premises for more than fifteen days
in any sixty-day period;
(g) By which the tenant agrees to waive or forego homestead rights provided by chapter 6.13 RCW. This subsection
shall not prohibit such waiver after a default in rent so long as
such waiver is in writing signed by the husband and wife or
by an unmarried claimant and in consideration of the landlord’s agreement not to terminate the tenancy for a period of
time specified in the waiver if the landlord would be otherwise entitled to terminate the tenancy under this chapter; or
(h) By which, at the time the rental agreement is entered
into, the landlord and tenant agree to the selection of a particular arbitrator. [2006 c 296 § 2; 2002 c 63 § 1; 1999 c 359 §
5. Prior: 1990 c 174 § 1; 1990 c 169 § 1; 1989 c 201 § 9;
1984 c 58 § 1; 1981 c 304 § 18; 1979 ex.s. c 186 § 4; 1977
ex.s. c 279 § 6.]
Prospective application—2006 c 296 § 2: "With respect to written
mobile or manufactured home space rental agreements in effect on June 7,
2006, section 2 of this act applies prospectively when the term of the tenancy
under the agreement is renewed." [2006 c 296 § 4.]
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.070
59.20.070 Prohibited acts by landlord. A landlord
shall not:
(1) Deny any tenant the right to sell such tenant’s mobile
home, manufactured home, or park model within a park or
require the removal of the mobile home, manufactured home,
or park model from the park because of the sale thereof.
Requirements for the transfer of the rental agreement are in
RCW 59.20.073;
(2) Restrict the tenant’s freedom of choice in purchasing
goods or services but may reserve the right to approve or disapprove any exterior structural improvements on a mobile
home space: PROVIDED, That door-to-door solicitation in
the mobile home park may be restricted in the rental agreement. Door-to-door solicitation does not include public officials or candidates for public office meeting or distributing
information to tenants in accordance with subsection (4) of
this section;
(3) Prohibit meetings by tenants of the mobile home park
to discuss mobile home living and affairs, including political
(2006 Ed.)
Manufactured/Mobile Home Landlord-Tenant Act
caucuses or forums for or speeches of public officials or candidates for public office, or meetings of organizations that
represent the interest of tenants in the park, held in any of the
park community or recreation halls if these halls are open for
the use of the tenants, conducted at reasonable times and in an
orderly manner on the premises, nor penalize any tenant for
participation in such activities;
(4) Prohibit a public official or candidate for public
office from meeting with or distributing information to tenants in their individual mobile homes, manufactured homes,
or park models, nor penalize any tenant for participating in
these meetings or receiving this information;
(5) Evict a tenant, terminate a rental agreement, decline
to renew a rental agreement, increase rental or other tenant
obligations, decrease services, or modify park rules in retaliation for any of the following actions on the part of a tenant
taken in good faith:
(a) Filing a complaint with any state, county, or municipal governmental authority relating to any alleged violation
by the landlord of an applicable statute, regulation, or ordinance;
(b) Requesting the landlord to comply with the provision
of this chapter or other applicable statute, regulation, or ordinance of the state, county, or municipality;
(c) Filing suit against the landlord for any reason;
(d) Participation or membership in any homeowners
association or group;
(6) Charge to any tenant a utility fee in excess of actual
utility costs or intentionally cause termination or interruption
of any tenant’s utility services, including water, heat, electricity, or gas, except when an interruption of a reasonable duration is required to make necessary repairs;
(7) Remove or exclude a tenant from the premises unless
this chapter is complied with or the exclusion or removal is
under an appropriate court order; or
(8) Prevent the entry or require the removal of a mobile
home, manufactured home, or park model for the sole reason
that the mobile home has reached a certain age. Nothing in
this subsection shall limit a landlords’ right to exclude or
expel a mobile home, manufactured home, or park model for
any other reason, including but not limited to, failure to comply with fire, safety, and other provisions of local ordinances
and state laws relating to mobile homes, manufactured
homes, and park models, as long as the action conforms to
this chapter or any other relevant statutory provision. [2003
c 127 § 2; 1999 c 359 § 6; 1993 c 66 § 16; 1987 c 253 § 1;
1984 c 58 § 2; 1981 c 304 § 19; 1980 c 152 § 5; 1979 ex.s. c
186 § 5; 1977 ex.s. c 279 § 7.]
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.073
59.20.073 Transfer of rental agreements. (1) Any
rental agreement shall be assignable by the tenant to any person to whom he or she sells or transfers title to the mobile
home, manufactured home, or park model.
(2) A tenant who sells a mobile home, manufactured
home, or park model within a park shall notify the landlord in
writing of the date of the intended sale and transfer of the
rental agreement at least fifteen days in advance of such
(2006 Ed.)
59.20.074
intended transfer and shall notify the buyer in writing of the
provisions of this section. The tenant shall verify in writing
to the landlord payment of all taxes, rent, and reasonable
expenses due on the mobile home, manufactured home, or
park model and mobile home lot.
(3) The landlord shall notify the selling tenant, in writing, of a refusal to permit transfer of the rental agreement at
least seven days in advance of such intended transfer.
(4) The landlord may require the mobile home, manufactured home, or park model to meet applicable fire and safety
standards if a state or local agency responsible for the
enforcement of fire and safety standards has issued a notice
of violation of those standards to the tenant and those violations remain uncorrected. Upon correction of the violation to
the satisfaction of the state or local agency responsible for the
enforcement of that notice of violation, the landlord’s refusal
to permit the transfer is deemed withdrawn.
(5) The landlord shall approve or disapprove of the
assignment of a rental agreement on the same basis that the
landlord approves or disapproves of any new tenant, and any
disapproval shall be in writing. Consent to an assignment
shall not be unreasonably withheld.
(6) Failure to notify the landlord in writing, as required
under subsection (2) of this section; or failure of the new tenant to make a good faith attempt to arrange an interview with
the landlord to discuss assignment of the rental agreement; or
failure of the current or new tenant to obtain written approval
of the landlord for assignment of the rental agreement, shall
be grounds for disapproval of such transfer. [2003 c 127 § 3;
1999 c 359 § 7; 1993 c 66 § 17; 1981 c 304 § 20.]
Severability—1981 c 304: See note following RCW 26.16.030.
59.20.074
59.20.074 Rent—Liability of secured party with
right to possession. (1) A secured party who has a security
interest in a mobile home, manufactured home, or park model
that is located within a mobile home park and who has a right
to possession of the mobile home, manufactured home, or
park model under *RCW 62A.9-503, shall be liable to the
landlord from the date the secured party receives written
notice by certified mail, return receipt requested, for rent for
occupancy of the mobile home space under the same terms
the tenant was paying prior to repossession, and any other
reasonable expenses incurred after the receipt of the notice,
until disposition of the mobile home, manufactured home, or
park model under *RCW 62A.9-504. The notice of default by
a tenant must state the amount of rent and the amount and
nature of any reasonable expenses that the secured party is
liable for payment to the landlord. The notice must also state
that the secured party will be provided a copy of the rental
agreement previously signed by the tenant and the landlord
upon request.
(2) This section shall not affect the availability of a landlord’s lien as provided in chapter 60.72 RCW.
(3) As used in this section, "security interest" shall have
the same meaning as this term is defined in RCW 62A.1-201,
and "secured party" shall have the same meaning as this term
is defined in *RCW 62A.9-105.
(4) For purposes of this section, "reasonable expenses"
means any routine maintenance and utility charges for which
the tenant is liable under the rental agreement.
[Title 59 RCW—page 35]
59.20.075
Title 59 RCW: Landlord and Tenant
(5) Any rent or other reasonable expenses owed by the
secured party to the landlord pursuant to this section shall be
paid to the landlord prior to the removal of the mobile home,
manufactured home, or park model from the mobile home
park.
(6) If a secured party who has a secured interest in a
mobile home, manufactured home, or park model that is
located in a mobile home park becomes liable to the landlord
pursuant to this section, then the relationship between the
secured party and the landlord shall be governed by the rental
agreement previously signed by the tenant and the landlord
unless otherwise agreed, except that the term of the rental
agreement shall convert to a month-to-month tenancy. No
waiver is required to convert the rental agreement to a monthto-month tenancy. Either the landlord or the secured party
may terminate the month-to-month tenancy upon giving written notice of thirty days or more. The secured party and the
landlord are not required to execute a new rental agreement.
Nothing in this section shall be construed to be a waiver of
any rights by the tenant. [1999 c 359 § 8; 1990 c 169 § 2;
1985 c 78 § 1.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
59.20.075
59.20.075 Presumption of reprisal or retaliatory
action. Initiation by the landlord of any action listed in RCW
59.20.070(5) within one hundred twenty days after a good
faith and lawful act by the tenant or within one hundred
twenty days after any inspection or proceeding of a governmental agency resulting from such act, shall create a rebuttable presumption affecting the burden of proof, that the action
is a reprisal or retaliatory action against the tenant: PROVIDED, That if the court finds that the tenant made a complaint or report to a governmental authority within one hundred twenty days after notice of a proposed increase in rent or
other action in good faith by the landlord, there is a rebuttable
presumption that the complaint or report was not made in
good faith: PROVIDED FURTHER, That no presumption
against the landlord shall arise under this section, with
respect to an increase in rent, if the landlord, in a notice to the
tenant of increase in rent, specifies reasonable grounds for
said increase, which grounds may include a substantial
increase in market value due to remedial action under this
chapter. [1999 c 359 § 9; 1984 c 58 § 3; 1980 c 152 § 6.]
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.080
59.20.080 Grounds for termination of tenancy or
occupancy or failure to renew a tenancy or occupancy—
Notice—Mediation. (1) A landlord shall not terminate or
fail to renew a tenancy of a tenant or the occupancy of an
occupant, of whatever duration except for one or more of the
following reasons:
(a) Substantial violation, or repeated or periodic violations of the rules of the mobile home park as established by
the landlord at the inception of the tenancy or as assumed
subsequently with the consent of the tenant or for violation of
the tenant’s duties as provided in RCW 59.20.140. The tenant shall be given written notice to cease the rule violation
immediately. The notice shall state that failure to cease the
violation of the rule or any subsequent violation of that or any
[Title 59 RCW—page 36]
other rule shall result in termination of the tenancy, and that
the tenant shall vacate the premises within fifteen days:
PROVIDED, That for a periodic violation the notice shall
also specify that repetition of the same violation shall result
in termination: PROVIDED FURTHER, That in the case of
a violation of a "material change" in park rules with respect to
pets, tenants with minor children living with them, or recreational facilities, the tenant shall be given written notice
under this chapter of a six month period in which to comply
or vacate;
(b) Nonpayment of rent or other charges specified in the
rental agreement, upon five days written notice to pay rent
and/or other charges or to vacate;
(c) Conviction of the tenant of a crime, commission of
which threatens the health, safety, or welfare of the other
mobile home park tenants. The tenant shall be given written
notice of a fifteen day period in which to vacate;
(d) Failure of the tenant to comply with local ordinances
and state laws and regulations relating to mobile homes, manufactured homes, or park models or mobile home, manufactured homes, or park model living within a reasonable time
after the tenant’s receipt of notice of such noncompliance
from the appropriate governmental agency;
(e) Change of land use of the mobile home park including, but not limited to, conversion to a use other than for
mobile homes, manufactured homes, or park models or conversion of the mobile home park to a mobile home park cooperative or mobile home park subdivision: PROVIDED, That
the landlord shall give the tenants twelve months’ notice in
advance of the effective date of such change, except that for
the period of six months following April 28, 1989, the landlord shall give the tenants eighteen months’ notice in advance
of the proposed effective date of such change;
(f) Engaging in "criminal activity." "Criminal activity"
means a criminal act defined by statute or ordinance that
threatens the health, safety, or welfare of the tenants. A park
owner seeking to evict a tenant or occupant under this subsection need not produce evidence of a criminal conviction, even
if the alleged misconduct constitutes a criminal offense.
Notice from a law enforcement agency of criminal activity
constitutes sufficient grounds, but not the only grounds, for
an eviction under this subsection. Notification of the seizure
of illegal drugs under RCW 59.20.155 is evidence of criminal
activity and is grounds for an eviction under this subsection.
The requirement that any tenant or occupant register as a sex
offender under RCW 9A.44.130 is grounds for eviction under
this subsection. If criminal activity is alleged to be a basis of
termination, the park owner may proceed directly to an
unlawful detainer action;
(g) The tenant’s application for tenancy contained a
material misstatement that induced the park owner to approve
the tenant as a resident of the park, and the park owner discovers and acts upon the misstatement within one year of the
time the resident began paying rent;
(h) If the landlord serves a tenant three fifteen-day
notices within a twelve-month period to comply or vacate for
failure to comply with the material terms of the rental agreement or park rules. The applicable twelve-month period shall
commence on the date of the first violation;
(i) Failure of the tenant to comply with obligations
imposed upon tenants by applicable provisions of municipal,
(2006 Ed.)
Manufactured/Mobile Home Landlord-Tenant Act
county, and state codes, statutes, ordinances, and regulations,
including this chapter. The landlord shall give the tenant
written notice to comply immediately. The notice must state
that failure to comply will result in termination of the tenancy
and that the tenant shall vacate the premises within fifteen
days;
(j) The tenant engages in disorderly or substantially
annoying conduct upon the park premises that results in the
destruction of the rights of others to the peaceful enjoyment
and use of the premises. The landlord shall give the tenant
written notice to comply immediately. The notice must state
that failure to comply will result in termination of the tenancy
and that the tenant shall vacate the premises within fifteen
days;
(k) The tenant creates a nuisance that materially affects
the health, safety, and welfare of other park residents. The
landlord shall give the tenant written notice to cease the conduct that constitutes a nuisance immediately. The notice
must state that failure to cease the conduct will result in termination of the tenancy and that the tenant shall vacate the
premises in five days;
(l) Any other substantial just cause that materially affects
the health, safety, and welfare of other park residents. The
landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will
result in termination of the tenancy and that the tenant shall
vacate the premises within fifteen days; or
(m) Failure to pay rent by the due date provided for in the
rental agreement three or more times in a twelve-month
period, commencing with the date of the first violation, after
service of a five-day notice to comply or vacate.
(2) Within five days of a notice of eviction as required by
subsection (1)(a) of this section, the landlord and tenant shall
submit any dispute to mediation. The parties may agree in
writing to mediation by an independent third party or through
industry mediation procedures. If the parties cannot agree,
then mediation shall be through industry mediation procedures. A duty is imposed upon both parties to participate in
the mediation process in good faith for a period of ten days
for an eviction under subsection (1)(a) of this section. It is a
defense to an eviction under subsection (1)(a) of this section
that a landlord did not participate in the mediation process in
good faith.
(3) Chapters 59.12 and 59.18 RCW govern the eviction
of recreational vehicles, as defined in RCW 59.20.030, from
mobile home parks. This chapter governs the eviction of
mobile homes, manufactured homes, park models, and recreational vehicles used as a primary residence from a mobile
home park. [2003 c 127 § 4; 1999 c 359 § 10; 1998 c 118 §
2; 1993 c 66 § 19; 1989 c 201 § 12; 1988 c 150 § 5; 1984 c 58
§ 4; 1981 c 304 § 21; 1979 ex.s. c 186 § 6; 1977 ex.s. c 279 §
8.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.090
59.20.090 Term of rental agreements—Renewal—
Nonrenewal—Termination—Armed forces exception—
(2006 Ed.)
59.20.130
Notices. (1) Unless otherwise agreed rental agreements shall
be for a term of one year. Any rental agreement of whatever
duration shall be automatically renewed for the term of the
original rental agreement, unless a different specified term is
agreed upon.
(2) A landlord seeking to increase the rent upon expiration of the term of a rental agreement of any duration shall
notify the tenant in writing three months prior to the effective
date of any increase in rent.
(3) A tenant shall notify the landlord in writing one
month prior to the expiration of a rental agreement of an
intention not to renew.
(4)(a) The tenant may terminate the rental agreement
upon thirty days written notice whenever a change in the
location of the tenant’s employment requires a change in his
residence, and shall not be liable for rental following such
termination unless after due diligence and reasonable effort
the landlord is not able to rent the mobile home lot at a fair
rental. If the landlord is not able to rent the lot, the tenant
shall remain liable for the rental specified in the rental agreement until the lot is rented or the original term ends.
(b) Any tenant who is a member of the armed forces,
including the national guard and armed forces reserves, or
that tenant’s spouse or dependent, may terminate a rental
agreement with less than thirty days notice if the tenant
receives reassignment or deployment orders which do not
allow greater notice. The tenant shall provide notice of the
reassignment or deployment order to the landlord no later
than seven days after receipt. [2003 c 7 § 3; 1998 c 118 § 3;
1980 c 152 § 2; 1979 ex.s. c 186 § 7; 1977 ex.s. c 279 § 9.]
Effective date—2003 c 7: See note following RCW 59.18.200.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.100
59.20.100 Improvements. Improvements, except a natural lawn, purchased and installed by a tenant on a mobile
home lot shall remain the property of the tenant even though
affixed to or in the ground and may be removed or disposed
of by the tenant prior to the termination of the tenancy: PROVIDED, That a tenant shall leave the mobile home lot in substantially the same or better condition than upon taking possession. [1977 ex.s. c 279 § 10.]
59.20.110
59.20.110 Attorney’s fees and costs. In any action
arising out of this chapter, the prevailing party shall be entitled to reasonable attorney’s fees and costs. [1977 ex.s. c 279
§ 11.]
59.20.120
59.20.120 Venue. Venue for any action arising under
this chapter shall be in the district or superior court of the
county in which the mobile home lot is located. [1977 ex.s. c
279 § 12.]
59.20.130
59.20.130 Duties of landlord. It shall be the duty of the
landlord to:
(1) Comply with codes, statutes, ordinances, and administrative rules applicable to the mobile home park;
(2) Maintain the common premises and prevent the accumulation of stagnant water and to prevent the detrimental
effects of moving water when such condition is not the fault
of the tenant;
[Title 59 RCW—page 37]
59.20.135
Title 59 RCW: Landlord and Tenant
(3) Keep any shared or common premises reasonably
clean, sanitary, and safe from defects to reduce the hazards of
fire or accident;
(4) Keep all common premises of the mobile home park,
and vacant mobile home lots, not in the possession of tenants,
free of weeds or plant growth noxious and detrimental to the
health of the tenants and free from potentially injurious or
unsightly objects and condition;
(5) Exterminate or make a reasonable effort to exterminate rodents, vermin, or other pests dangerous to the health
and safety of the tenant whenever infestation exists on the
common premises or whenever infestation occurs in the interior of a mobile home, manufactured home, or park model as
a result of infestation existing on the common premises;
(6) Maintain and protect all utilities provided to the
mobile home, manufactured home, or park model in good
working condition. Maintenance responsibility shall be determined at that point where the normal mobile home, manufactured home, or park model utilities "hook-ups" connect to
those provided by the landlord or utility company;
(7) Respect the privacy of the tenants and shall have no
right of entry to a mobile home, manufactured home, or park
model without the prior written consent of the occupant,
except in case of emergency or when the occupant has abandoned the mobile home, manufactured home, or park model.
Such consent may be revoked in writing by the occupant at
any time. The ownership or management shall have a right of
entry upon the land upon which a mobile home, manufactured home, or park model is situated for maintenance of utilities, to insure compliance with applicable codes, statutes,
ordinances, administrative rules, and the rental agreement
and the rules of the park, and protection of the mobile home
park at any reasonable time or in an emergency, but not in a
manner or at a time which would interfere with the occupant’s quiet enjoyment. The ownership or management shall
make a reasonable effort to notify the tenant of their intention
of entry upon the land which a mobile home, manufactured
home, or park model is located prior to entry;
(8) Allow tenants freedom of choice in the purchase of
goods and services, and not unreasonably restrict access to
the mobile home park for such purposes;
(9) Maintain roads within the mobile home park in good
condition; and
(10) Notify each tenant within five days after a petition
has been filed by the landlord for a change in the zoning of
the land where the mobile home park is located and make a
description of the change available to the tenant.
A landlord shall not have a duty to repair a defective condition under this section, nor shall any defense or remedy be
available to the tenant under this chapter, if the defective condition complained of was caused by the conduct of the tenant,
the tenant’s family, invitee, or other person acting under the
tenant’s control, or if a tenant unreasonably fails to allow the
landlord access to the property for purposes of repair. [1999
c 359 § 11; 1993 c 66 § 20; 1984 c 58 § 5; 1979 ex.s. c 186 §
8.]
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
Smoke detection devices required in dwelling units: RCW 43.44.110.
[Title 59 RCW—page 38]
59.20.135
59.20.135 Maintenance of permanent structures—
Findings and declarations—Definition. (1) The legislature
finds that some mobile home park owners transfer the
responsibility for the upkeep of permanent structures within
the mobile home park to the park tenants. This transfer sometimes occurs after the permanent structures have been
allowed to deteriorate. Many mobile home parks consist
entirely of senior citizens who do not have the financial
resources or physical capability to make the necessary repairs
to these structures once they have fallen into disrepair. The
inability of the tenants to maintain permanent structures can
lead to significant safety hazards to the tenants as well as to
visitors to the mobile home park. The legislature therefore
finds and declares that it is in the public interest and necessary for the public health and safety to prohibit mobile home
park owners from transferring the duty to maintain permanent structures in mobile home parks to the tenants.
(2) A mobile home park owner is prohibited from transferring responsibility for the maintenance or care of permanent structures within the mobile home park to the tenants of
the park. A provision within a rental agreement or other document transferring responsibility for the maintenance or care
of permanent structures within the mobile home park to the
park tenants is void.
(3) A "permanent structure" for purposes of this section
includes the clubhouse, carports, storage sheds, or other permanent structure. A permanent structure does not include
structures built or affixed by a tenant. A permanent structure
includes only those structures that were provided as amenities to the park tenants.
(4) Nothing in this section shall be construed to prohibit
a park owner from requiring a tenant to maintain his or her
mobile home, manufactured home, or park model or yard.
Nothing in this section shall be construed to prohibit a park
owner from transferring responsibility for the maintenance or
care of permanent structures within the mobile home park to
an organization of park tenants or to an individual park tenant
when requested by the tenant organization or individual tenant. [1999 c 359 § 12; 1994 c 30 § 1.]
Effective date—1994 c 30: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 21, 1994]." [1994 c 30 § 2.]
59.20.140
59.20.140 Duties of tenant. It shall be the duty of the
tenant to pay the rental amount at such times and in such
amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obligations
imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances and regulations, and in addition the tenant shall:
(1) Keep the mobile home lot which he occupies and
uses as clean and sanitary as the conditions of the premises
permit;
(2) Properly dispose of all rubbish, garbage, and other
organic or flammable waste, in a clean and sanitary manner at
reasonable and regular intervals, and assume all costs of
extermination and fumigation for infestation caused by the
tenant on the tenant’s leased premises;
(3) Not intentionally or negligently destroy, deface,
damage, impair, or remove any facilities, equipment, furni(2006 Ed.)
Manufactured/Mobile Home Landlord-Tenant Act
ture, furnishings, fixtures or appliances provided by the landlord, or permit any member of his family, invitee, or licensee,
or any person acting under his control to do so;
(4) Not permit a nuisance or common waste; and
(5) Not engage in drug-related activities as defined in
RCW 59.20.080. [1988 c 150 § 6; 1979 ex.s. c 186 § 9.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.145
59.20.145 Live-in care provider—Not a tenant—
Agreements—Guest fee. A tenant in a mobile home park
may share his or her mobile home, manufactured home, or
park model with any person over eighteen years of age, if that
person is providing live-in home health care or live-in hospice care to the tenant under an approved plan of treatment
ordered by the tenant’s physician. The live-in care provider is
not considered a tenant of the park and shall have no rights of
tenancy in the park. Any agreement between the tenant and
the live-in care provider does not change the terms and conditions of the rental agreement between the landlord and the
tenant. The live-in care provider shall comply with the rules
of the mobile home park, the rental agreement, and this chapter. The landlord may not charge a guest fee for the live-in
care provider. [1999 c 359 § 13; 1993 c 152 § 1.]
59.20.150
59.20.150 Service of notice on landlord or tenant. (1)
Any notice required by this chapter to be given to a tenant
shall be served on behalf of the landlord: (a) By delivering a
copy personally to the tenant; or (b) if the tenant is absent
from the mobile home, manufactured home, or park model by
affixing a copy of the notice in a conspicuous place on the
mobile home, manufactured home, or park model and also
sending a copy through the mail addressed to the tenant at the
tenant’s last known address.
(2) Any notice required by this chapter to be given to the
landlord shall be served by the tenant in the same manner as
provided for in subsection (1) of this section, or by mail to the
landlord at such place as shall be expressly provided in the
rental agreement.
(3) The landlord shall state in any notice of eviction
required by RCW 59.20.080(1) as now or hereafter amended
the specific reason for eviction in a clear and concise manner.
[1999 c 359 § 14; 1979 ex.s. c 186 § 10.]
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.155
59.20.155 Seizure of illegal drugs—Notification of
landlord. Any law enforcement agency which seizes a legend drug pursuant to a violation of chapter 69.41 RCW, a
controlled substance pursuant to a violation of chapter 69.50
RCW, or an imitation controlled substance pursuant to a violation of chapter 69.52 RCW, shall make a reasonable
attempt to discover the identity of the landlord and shall
notify the landlord in writing, at the last address listed in the
property tax records and at any other address known to the
law enforcement agency, of the seizure and the location of
the seizure of the illegal drugs or substances. [1988 c 150 §
12.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
(2006 Ed.)
59.20.180
59.20.160
59.20.160 Moneys paid as deposit or security for performance by tenant—Written rental agreement to specify
terms and conditions for retention by landlord. If any
moneys are paid to the landlord by the tenant as a deposit or
as security for performance of the tenant’s obligations in a
written rental agreement, such rental agreement shall include
the terms and conditions under which the deposit or portion
thereof may be withheld by the landlord upon termination of
the rental agreement. If all or part of the deposit may be withheld to indemnify the landlord for damages to the mobile
home space for which the tenant is responsible, the rental
agreement shall so specify. It is unlawful to charge or collect
a deposit or security for performance if the parties have not
entered into a written rental agreement. [1984 c 58 § 17;
1979 ex.s. c 186 § 11.]
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.170
59.20.170 Moneys paid as deposit or security for performance by tenant—Deposit by landlord in trust
account—Receipt—Claims. (1) All moneys paid to the
landlord by the tenant as a deposit as security for performance of the tenant’s obligations in a rental agreement shall
promptly be deposited by the landlord in a trust account,
maintained by the landlord for the purpose of holding such
security deposits for tenants of the landlord, in a financial
institution as defined by RCW 30.22.041 or licensed escrow
agent located in Washington. Except as provided in subsection (2) of this section, unless otherwise agreed in writing, the
landlord shall be entitled to receipt of interest paid on such
trust account deposits. The landlord shall provide the tenant
with a written receipt for the deposit and shall provide written
notice of the name and address and location of the depository
and any subsequent change thereof. If during a tenancy the
status of landlord is transferred to another, any sums in the
deposit trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the
successor landlord, and the successor landlord shall promptly
notify the tenant of the transfer and of the name, address and
location of the new depository. The tenant’s claim to any
moneys paid under this section shall be prior to that of any
creditor of the landlord, including a trustee in bankruptcy or
receiver, even if such moneys are commingled.
(2) All moneys paid, in excess of two months’ rent on the
mobile home lot, to the landlord by the tenant as a deposit as
security for performance of the tenant’s obligations in a
rental agreement shall be deposited into an interest-bearing
trust account for the particular tenant. The interest accruing
on the deposit in the account, minus fees charged to administer the account, shall be paid to the tenant on an annual basis.
All other provisions of subsection (1) of this section shall
apply to deposits under this subsection. [2004 c 136 § 2;
1999 c 359 § 15; 1979 ex.s. c 186 § 12.]
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.180
59.20.180 Moneys paid as deposit or security for performance by tenant—Statement and notice of basis for
retention. Within fourteen days after the termination of the
rental agreement and vacation of the mobile home space, the
landlord shall give a full and specific statement of the basis
[Title 59 RCW—page 39]
59.20.190
Title 59 RCW: Landlord and Tenant
for retaining any of the deposit together with the payment of
any refund due the tenant under the terms and conditions of
the rental agreement. No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the
mobile home space.
The statement shall be delivered to the tenant personally
or by mail to the last known address. If the landlord fails to
give such statement together with any refund due the tenant
within the time limits specified above such landlord shall be
liable to the tenant for the full amount of the refund due.
Nothing in this chapter shall preclude the landlord from
proceeding against, and the landlord shall have the right to
proceed against a tenant to recover sums exceeding the
amount of the tenant’s damage or security deposit for damage
to the property for which the tenant is responsible. [1984 c 58
§ 11; 1979 ex.s. c 186 § 13.]
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.190
59.20.190 Health and sanitation standards—Penalties. The state board of health shall adopt rules on or before
January 1, 1982, setting health and sanitation standards for
mobile home parks. Such rules shall be enforced by the city,
county, city-county, or district health officer of the jurisdiction in which the mobile home park is located, upon notice of
a violation to such health officer. Failure to remedy the violation after enforcement efforts are made may result in a fine
being imposed on the park owner, or tenant as may be applicable, by the enforcing governmental body of up to one hundred dollars per day, depending on the degree of risk of injury
or illness to persons in or around the park. [1988 c 126 § 1;
1981 c 304 § 22.]
Severability—1981 c 304: See note following RCW 26.16.030.
59.20.200
59.20.200 Landlord—Failure to carry out duties—
Notice from tenant—Time limits for landlord’s remedial
action. If at any time during the tenancy the landlord fails to
carry out the duties required by RCW 59.20.130, the tenant
may, in addition to pursuit of remedies otherwise provided
the tenant by law, deliver written notice to the landlord,
which notice shall specify the property involved, the name of
the owner, if known, and the nature of the defective condition. For the purposes of this chapter, a reasonable time for
the landlord to commence remedial action after receipt of
such notice by the tenant shall be, except where circumstances are beyond the landlord’s control;
(1) Not more than twenty-four hours, where the defective condition is imminently hazardous to life;
(2) Not more than forty-eight hours, where the landlord
fails to provide water or heat;
(3) Subject to the provisions of subsections (1) and (2) of
this section, not more than seven days in the case of a repair
under RCW 59.20.130(3);
(4) Not more than thirty days in all other cases.
In each instance the burden shall be on the landlord to
see that remedial work under this section is completed with
reasonable promptness.
Where circumstances beyond the landlord’s control,
including the availability of financing, prevent the landlord
from complying with the time limitations set forth in this sec[Title 59 RCW—page 40]
tion, the landlord shall endeavor to remedy the defective condition with all reasonable speed. [1984 c 58 § 6.]
Severability—1984 c 58: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1984 c 58 § 18.]
59.20.210
59.20.210 Landlord—Failure to carry out duties—
Repairs effected by tenant—Bids—Notice—Deduction of
cost from rent—Limitations. (1) If at any time during the
tenancy, the landlord fails to carry out any of the duties
imposed by RCW 59.20.130, and notice of the defect is given
to the landlord pursuant to RCW 59.20.200, the tenant may
submit to the landlord or the landlord’s designated agent by
certified mail or in person at least two bids to perform the
repairs necessary to correct the defective condition from
licensed or registered persons, or if no licensing or registration requirement applies to the type of work to be performed,
from responsible persons capable of performing such repairs.
Such bids may be submitted to the landlord at the same time
as notice is given pursuant to RCW 59.20.200.
(2) If the landlord fails to commence repair of the defective condition within a reasonable time after receipt of notice
from the tenant, the tenant may contract with the person submitting the lowest bid to make the repair, and upon the completion of the repair and an opportunity for inspection by the
landlord or the landlord’s designated agent, the tenant may
deduct the cost of repair from the rent in an amount not to
exceed the sum expressed in dollars representing one
month’s rental of the tenant’s mobile home space in any calendar year. When, however, the landlord is required to begin
remedying the defective condition within thirty days under
RCW 59.20.200, the tenant cannot contract for repairs for at
least fifteen days following receipt of bids by the landlord.
The total costs of repairs deducted by the tenant in any calendar year under this subsection shall not exceed the sum
expressed in dollars representing one month’s rental of the
tenant’s mobile home space.
(3) Two or more tenants shall not collectively initiate
remedies under this section. Remedial action under this section shall not be initiated for conditions in the design or construction existing in a mobile home park before June 7, 1984.
(4) The provisions of this section shall not:
(a) Create a relationship of employer and employee
between landlord and tenant; or
(b) Create liability under the worker’s compensation act;
or
(c) Constitute the tenant as an agent of the landlord for
the purposes of mechanics’ and materialmen’s liens under
chapter 60.04 RCW.
(5) Any repair work performed under this section shall
comply with the requirements imposed by any applicable
code, statute, ordinance, or rule. A landlord whose property is
damaged because of repairs performed in a negligent manner
may recover the actual damages in an action against the tenant.
(6) Nothing in this section shall prevent the tenant from
agreeing with the landlord to undertake the repairs in return
for cash payment or a reasonable reduction in rent, the agreement to be between the parties, and this agreement does not
(2006 Ed.)
Manufactured/Mobile Home Landlord-Tenant Act
alter the landlord’s obligations under this chapter. [1999 c
359 § 16; 1984 c 58 § 8.]
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.220
59.20.220 Landlord—Failure to carry out duties—
Judgment by court or arbitrator for diminished rental
value and repair costs—Enforcement of judgment—
Reduction in rent. (1) If a court or an arbitrator determines
that:
(a) A landlord has failed to carry out a duty or duties
imposed by RCW 59.20.130; and
(b) A reasonable time has passed for the landlord to remedy the defective condition following notice to the landlord
under RCW 59.20.200 or such other time as may be allotted
by the court or arbitrator; the court or arbitrator may determine the diminution in rental value of the property due to the
defective condition and shall render judgment against the
landlord for the rent paid in excess of such diminished rental
value from the time of notice of such defect to the time of
decision and any costs of repair done pursuant to RCW
59.20.210 for which no deduction has been previously made.
Such decisions may be enforced as other judgments at law
and shall be available to the tenant as a set-off against any
existing or subsequent claims of the landlord.
The court or arbitrator may also authorize the tenant to
contract to make further corrective repairs. The court or arbitrator shall specify a time period in which the landlord may
make such repairs before the tenant may contract for such
repairs. Such repairs shall not exceed the sum expressed in
dollars representing one month’s rental of the tenant’s mobile
home space in any one calendar year.
(2) The tenant shall not be obligated to pay rent in excess
of the diminished rental value of the mobile home space until
such defect or defects are corrected by the landlord or until
the court or arbitrator determines otherwise. [1999 c 359 §
17; 1984 c 58 § 9.]
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.230
59.20.230 Defective condition—Unfeasible to remedy
defect—Termination of tenancy. If a court or arbitrator
determines a defective condition as described in RCW
59.20.130 to be so substantial that it is unfeasible for the
landlord to remedy the defect within the time allotted by
RCW 59.20.200, and that the tenant should not remain on the
mobile home space in its defective condition, the court or
arbitrator may authorize the termination of the tenancy. The
court or arbitrator shall set a reasonable time for the tenant to
vacate the premises. [1984 c 58 § 10.]
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.240
59.20.240 Payment of rent condition to exercising
remedies. The tenant shall be current in the payment of rent
including all utilities which the tenant has agreed in the rental
agreement to pay before exercising any of the remedies
accorded the tenant under the provisions of this chapter:
PROVIDED, That this section shall not be construed as limiting the tenant’s civil remedies for negligent or intentional
damages: PROVIDED FURTHER, That this section shall
not be construed as limiting the tenant’s right in an unlawful
(2006 Ed.)
59.20.270
detainer proceeding to raise the defense that there is no rent
due and owing. [1984 c 58 § 7.]
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.250
59.20.250 Mediation of disputes by independent
third party. The landlord and tenant may agree in writing to
submit any dispute arising under this chapter or under the
terms, conditions, or performance of the rental agreement to
mediation by an independent third party or to settle the dispute through industry mediation procedures. The parties may
agree to submit any dispute to mediation before exercising
their right to arbitration under RCW 59.20.260. [1984 c 58 §
12.]
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.260
59.20.260 Arbitration—Authorized—Selection of
arbitrator—Procedure. (1) The landlord and tenant may
agree in writing to submit a controversy arising under this
chapter to arbitration. The agreement shall contain the name
of the arbitrator agreed upon by the parties or the process for
selecting the arbitrator.
(2) The arbitration shall be administered under this chapter and chapter 7.04A RCW. [2005 c 433 § 47; 1984 c 58 §
13.]
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.270
59.20.270 Arbitration—Application—Hearings—
Decisions. (1) If the landlord and tenant agree to submit the
matter to arbitration, the parties shall complete an application
for arbitration and deliver it to the selected arbitrator.
(2) The arbitrator shall schedule a hearing to be held no
later than ten days following receipt of the application.
(3) Reasonable notice of the hearings shall be given to
the parties, who shall appear and be heard either in person, by
counsel, or by other representative. Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Hearings may be public or private.
The proceedings may be recorded. Any oral or documentary
evidence and other data deemed relevant by the arbitrator
may be received in evidence. The arbitrator may administer
oaths, issue subpoenas, and require the attendance of witnesses and the production of books, papers, contracts, agreements, and documents deemed by the arbitrator to be material
to a just determination of the issues in dispute. If a person
refuses to obey a subpoena or refuses to be sworn to testify,
or any witness, party, or attorney is guilty of any contempt
while in attendance at any hearing held under this section, the
arbitrator may invoke the jurisdiction of any district or superior court, and the court shall have jurisdiction to issue an
appropriate order. Failure to obey the order may be punished
by the court as contempt.
(4) Within five days after the hearing, the arbitrator shall
make a written decision upon the issues presented. A copy of
the decision shall be mailed by certified mail or otherwise
delivered to the parties or their designated representatives.
The decision of the arbitrator shall be final and binding upon
all parties.
[Title 59 RCW—page 41]
59.20.280
Title 59 RCW: Landlord and Tenant
(5) If a dispute exists affecting more than one tenant in a
similar manner, the arbitrator may with the consent of the
parties consolidate the cases into a single proceeding.
(6) Decisions of the arbitrator shall be enforced or
appealed under chapter 7.04A RCW. [2005 c 433 § 48; 1984
c 58 § 14.]
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.280 Arbitration—Fee. The administrative fee
for this arbitration procedure shall be established by agreement of the parties and the arbitrator and, unless otherwise
allocated by the arbitrator, shall be shared equally by the parties. However, upon either party signing an affidavit to the
effect that the party is unable to pay the share of the fee, that
portion of the fee may be waived or deferred. [1984 c 58 §
15.]
59.20.280
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.290 Arbitration—Completion of arbitration
after giving notice. When a party gives notice of intent to
arbitrate by giving reasonable notice to the other party, that
party shall, at the same time, arrange for arbitration of the
grievance in the manner provided for in this chapter. The
arbitration shall be completed before the rental due date next
occurring after the giving of notice under this section, but in
no event shall the arbitrator have less than ten days to complete the arbitration process. [1984 c 58 § 16.]
59.20.290
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.900 Severability—1977 ex.s. c 279. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1977 ex.s. c 279 § 13.]
59.20.900
59.20.901 Effective date—1999 c 359. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 1999.
[1999 c 359 § 21.]
59.20.901
59.21.904
59.21.905
Severability—1995 c 122.
Effective date—1995 c 122.
59.21.005
59.21.005 Declaration—Purpose. The legislature recognizes that it is quite costly to move a mobile home. Many
mobile home tenants need financial assistance in order to
move their mobile homes from a mobile home park. The purpose of this chapter is to provide a mechanism for assisting
mobile home tenants to relocate to suitable alternative sites
when the mobile home park in which they reside is closed or
converted to another use. [1995 c 122 § 2; 1991 c 327 § 8.]
59.21.006
59.21.006 Declaration—Intent—Purpose—1995 c
122. The legislature recognizes that, in the decision of Guimont et al. v. Clarke, 121 Wn.2d (1993), the Washington
supreme court held the mobile home relocation assistance
program of chapter 59.21 RCW invalid for its monetary burden on mobile home park-owners. However, during the program’s operation, substantial funds were validly collected
from mobile home owners and accumulated in the mobile
home park relocation fund, created under the program. The
legislature intends to utilize those funds for the purposes for
which they were collected. The legislature also recognizes
that, for a period of almost three years since this state’s courts
invalidated the program, no such assistance was available.
The most needy tenants may have been forced to sell or abandon rather than relocate their homes in the face of park closures. Because the purpose of the program was to assist relocation, those persons should be compensated in a like manner
to those who could afford to pay for relocation without assistance. To that end, the legislature has: (1) Repealed RCW
59.21.020, 59.21.035, 59.21.080, 59.21.085, 59.21.095,
59.21.900, 59.21.901, 59.21.902, and 59.21.903; (2)
amended RCW 59.21.010, 59.21.030, 59.21.040, 59.21.050,
59.21.070, *59.21.100, 59.21.110, and 43.84.092; (3) reenacted without amendment RCW 59.21.005 and **59.21.105;
and (4) added new sections to chapter 59.21 RCW. [1995 c
122 § 1.]
Reviser’s note: *(1) RCW 59.21.100 and 59.21.110 were not amended
by 1995 c 122.
**(2) RCW 59.21.105 was reenacted and amended by 1995 c 122.
59.21.010
Chapter 59.21 RCW
MOBILE HOME RELOCATION ASSISTANCE
Chapter 59.21
Sections
59.21.005
59.21.006
59.21.010
59.21.021
59.21.025
59.21.030
59.21.040
59.21.050
59.21.055
59.21.070
59.21.100
59.21.105
59.21.110
Declaration—Purpose.
Declaration—Intent—Purpose—1995 c 122.
Definitions.
Relocation assistance—Eligibility after December 31, 1995—
Amounts of assistance—Priority for distribution of assistance.
Relocation assistance—Sources other than fund—Reductions.
Notice—Requirements.
Relocation assistance—Exemptions.
Relocation fund—Administration—Tenant’s application—
Form.
Fee imposed on transfer of title—Circumstances—Deposit—
Rules.
Rental agreement—Covenants.
Tenants—Waiver of rights—Attorney approval.
Existing older mobile homes—Forced relocation—Code
waiver.
Violations—Penalty.
[Title 59 RCW—page 42]
59.21.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Director" means the director of the department of
community, trade, and economic development.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Fund" means the mobile home park relocation fund
established under RCW 59.21.050.
(4) "Mobile home park" or "park" means real property
that is rented or held out for rent to others for the placement
of two or more mobile homes for the primary purpose of production of income, except where the real property is rented or
held out for rent for seasonal recreational purpose only and is
not intended for year-round occupancy.
(5) "Landlord" or "park-owner" means the owner of the
mobile home park that is being closed at the time relocation
assistance is provided.
(2006 Ed.)
Mobile Home Relocation Assistance
(6) "Relocate" means to remove the mobile home from
the mobile home park being closed and to either reinstall it in
another location or to demolish it and purchase another
mobile/manufactured home constructed to the standards set
by the department of housing and urban development.
(7) "Relocation assistance" means the monetary assistance provided under this chapter. [2002 c 257 § 1; 1998 c
124 § 1; 1995 c 122 § 3; 1991 c 327 § 10; 1990 c 171 § 1;
1989 c 201 § 1.]
Effective date—2002 c 257: "This act takes effect January 1, 2003."
[2002 c 257 § 5.]
59.21.021 Relocation assistance—Eligibility after
December 31, 1995—Amounts of assistance—Priority for
distribution of assistance. (1) If a mobile home park is
closed or converted to another use after December 31, 1995,
eligible tenants shall be entitled to assistance on a first-come,
first-serve basis. The department shall give priority for distribution of relocation assistance to tenants residing in parks
that are closed as a result of park-owner fraud or as a result of
health and safety concerns as determined by the local board
of health. Payments shall be made upon the department’s
verification of eligibility, subject to the availability of
remaining funds. Eligibility for relocation assistance funds is
limited to low-income households. As used in this section,
"low-income household" means a single person, family, or
unrelated persons living together whose adjusted income is
less than eighty percent of the median family income,
adjusted for household size, for the county where the mobile
or manufactured home is located.
(2) Assistance for closures occurring after December 31,
1995, is limited to persons who maintain ownership of and
relocate their mobile home or who dispose of a home not
relocatable to a new site.
(3) Persons who removed and disposed of their mobile
home or maintained ownership of and relocated their mobile
homes are entitled to reimbursement of actual relocation
expenses up to twelve thousand dollars for a double-wide
home and up to seven thousand five hundred dollars for a single-wide home.
(4) Any individual or organization may apply to receive
funds from the mobile home park relocation fund, for use in
combination with funds from public or private sources,
toward relocation of tenants eligible under this section.
Funds received from the mobile home park relocation fund
shall only be used for relocation assistance expenses or other
mobile/manufactured home ownership expenses, that include
down payment assistance, if the owners are not planning to
relocate their mobile home as long as their original home is
removed from the park. [2005 c 399 § 5; 2002 c 257 § 2;
1998 c 124 § 2; 1995 c 122 § 5.]
59.21.021
Effective date—2002 c 257: See note following RCW 59.21.010.
59.21.025 Relocation assistance—Sources other than
fund—Reductions. (1) If financial assistance for relocation
is obtained from sources other than the mobile home park
relocation fund established under this chapter, then the relocation assistance provided to any person under this chapter
shall be reduced as necessary to ensure that no person
receives from all sources combined more than: (a) That person’s actual cost of relocation; or (b) seven thousand dollars
59.21.025
(2006 Ed.)
59.21.040
for a double-wide mobile home and three thousand five hundred dollars for a single-wide mobile home.
(2) When a person receives financial assistance for relocation from a source other than the mobile home park relocation assistance fund, then the assistance received from the
fund will be the difference between the maximum amount to
which a person is entitled under RCW 59.21.021(3) and the
amount of assistance received from the outside source.
(3) If the amount of assistance received from an outside
source exceeds the maximum amounts of assistance to which
a person is entitled under RCW 59.21.021(3), then that person will not receive any assistance from the mobile home
park relocation assistance fund. [1998 c 124 § 3; 1995 c 122
§ 6.]
59.21.030
59.21.030 Notice—Requirements. (1) Notice required
by RCW 59.20.080 before park closure or conversion of the
park, whether twelve months or longer, shall be given to the
director and all tenants in writing, and posted at all park
entrances. The notice required by RCW 59.20.080 must also
meet the following requirements:
(a) A copy of the closure notice must be provided with
all month-to-month rental agreements signed after the original park closure notice date;
(b) Notice to the director must include: (i) A good faith
estimate of the timetable for removal of the mobile homes;
(ii) the reason for closure; and (iii) a list of the names and
mailing addresses of the current registered park tenants.
Notice required under this subsection must be sent to the
director within ten business days of the date notice was given
to all tenants as required by RCW 59.20.080; and
(c) Notice must be recorded in the office of the county
auditor for the county where the mobile home park is located.
(2) The department must mail every tenant an application and information on relocation assistance within ten business days of receipt of the notice required in subsection (1) of
this section. [2006 c 296 § 1; 1995 c 122 § 7; 1990 c 171 § 3;
1989 c 201 § 3.]
59.21.040
59.21.040 Relocation assistance—Exemptions. A
tenant is not entitled to relocation assistance under this chapter if: (1) The tenant has given notice to the landlord of his or
her intent to vacate the park and terminate the tenancy before
any written notice of closure pursuant to RCW
59.20.080(1)(e) has been given; (2) the tenant purchased a
mobile home already situated in the park or moved a mobile
home into the park after a written notice of closure pursuant
to RCW 59.20.090 has been given and the person received
actual prior notice of the change or closure; or (3) the tenant
receives assistance from an outside source that exceeds the
maximum amounts of assistance to which a person is entitled
under RCW 59.21.021(3). However, no tenant may be denied
relocation assistance under subsection (1) of this section if
the tenant has remained on the premises and continued paying rent for a period of at least six months after giving notice
of intent to vacate and before receiving formal notice of a closure or change of use. [1998 c 124 § 4; 1995 c 122 § 8; 1989
c 201 § 4.]
[Title 59 RCW—page 43]
59.21.050
Title 59 RCW: Landlord and Tenant
59.21.050
59.21.050 Relocation fund—Administration—Tenant’s application—Form. (1) The existence of the mobile
home park relocation fund in the custody of the state treasurer
is affirmed. Expenditures from the fund may be used only for
relocation assistance awarded under this chapter. Only the
director or the director’s designee may authorize expenditures from the fund. All relocation payments to tenants shall
be made from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures.
(2) A park tenant is eligible for assistance under this
chapter only after an application is submitted by that tenant or
an organization acting on the tenant’s account under RCW
59.21.021(4) on a form approved by the director which shall
include:
(a) For those persons who maintained ownership of and
relocated their homes or removed their homes from the park:
(i) A copy of the notice from the park-owner, or other adequate proof, that the tenancy is terminated due to closure of
the park or its conversion to another use; (ii) a copy of the
rental agreement then in force, or other proof that the applicant was a tenant at the time of notice of closure; (iii) a copy
of the contract for relocating the home which includes the
date of relocation, or other proof of actual relocation
expenses incurred on a date certain; and (iv) a statement of
any other available assistance;
(b) For those persons who sold their homes and incurred
no relocation expenses: (i) A copy of the notice from the
park-owner, or other adequate proof, that the tenancy is terminated due to closure of the park or its conversion to another
use; (ii) a copy of the rental agreement then in force, or other
proof that the applicant was a tenant at the time of notice of
closure; and (iii) a copy of the record of title transfer issued
by the department of licensing when the tenant sold the home
rather than relocate it due to park closure or conversion.
(3) The department may deduct a percentage amount of
the fee collected under RCW 59.21.055, not to exceed five
percent of the fees received, for administration expenses
incurred by the department. [2002 c 257 § 4; 1998 c 124 § 5;
1995 c 122 § 9; 1991 sp.s. c 13 § 74; 1991 c 327 § 12; 1990 c
171 § 5; 1989 c 201 § 5.]
Effective date—2002 c 257: See note following RCW 59.21.010.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
may deduct a percentage amount, not to exceed two percent
of the fees collected, for the collection expenses incurred by
the department of licensing.
(4) The department of licensing and the state treasurer
may adopt rules necessary to carry out this section. [2002 c
257 § 3.]
Effective date—2002 c 257: See note following RCW 59.21.010.
59.21.070
59.21.070 Rental agreement—Covenants. If the
rental agreement includes a covenant by the landlord as
described in RCW 59.20.060(1)(g)(i), the covenant runs with
the land and is binding upon the purchasers, successors, and
assigns of the landlord. [1995 c 122 § 10; 1989 c 201 § 10.]
59.21.100
59.21.100 Tenants—Waiver of rights—Attorney
approval. A tenant may, with the written approval of his or
her attorney at law, waive or compromise their right to relocation assistance under this chapter. [1989 c 201 § 14.]
59.21.105
59.21.105 Existing older mobile homes—Forced relocation—Code waiver. (1) The legislature finds that existing
older mobile homes provide affordable housing to many persons, and that requiring these homes that are legally located
in mobile home parks to meet new fire, safety, and construction codes because they are relocating due to the closure or
conversion of the mobile home park, compounds the economic burden facing these tenants.
(2) Mobile homes that are relocated due to either the closure or conversion of a mobile home park, may not be
required by any city or county to comply with the requirements of any applicable fire, safety, or construction code for
the sole reason of its relocation. This section shall only apply
if the original occupancy classification of the building is not
changed as a result of the move.
(3) This section shall not apply to mobile homes that are
substantially remodeled or rehabilitated, nor to any work performed in compliance with installation requirements. For the
purpose of determining whether a moved mobile home has
been substantially remodeled or rebuilt, any cost relating to
preparation for relocation or installation shall not be considered. [1995 c 122 § 11; 1991 c 327 § 16.]
59.21.110
59.21.055
59.21.055 Fee imposed on transfer of title—Circumstances—Deposit—Rules. (1) A one hundred dollar fee is
imposed upon the purchaser on every transfer of title issued
under chapter 46.12 RCW on a mobile home one year old or
more where (a) the ownership of the mobile home changes;
and (b) the mobile home is located in a mobile home park. A
transfer of title does not include the addition or deletion of a
spouse co-owner or secured interest.
(2) Mobile homes with a sale price of less than five thousand dollars are not subject to the fee imposed in subsection
(1) of this section.
(3) The department of licensing or its agents shall collect
the fee when processing an application for transfer of title.
The fee collected under this section shall be forwarded to the
state treasurer for deposit into the mobile home park relocation fund created in this chapter. The department of licensing
[Title 59 RCW—page 44]
59.21.110 Violations—Penalty. Any person who
intentionally violates, intentionally attempts to evade, or
intentionally evades the provisions of this chapter is guilty of
a misdemeanor. [1991 c 327 § 14; 1989 c 201 § 15.]
59.21.904
59.21.904 Severability—1995 c 122. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1995 c 122 § 14.]
59.21.905
59.21.905 Effective date—1995 c 122. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[April 20, 1995]. [1995 c 122 § 15.]
(2006 Ed.)
Office of Mobile Home Affairs—Resident-Owned Mobile Home Parks
Chapter 59.22 RCW
OFFICE OF MOBILE HOME AFFAIRS—
RESIDENT-OWNED MOBILE HOME PARKS
Chapter 59.22
Sections
59.22.010
59.22.020
59.22.030
59.22.032
59.22.034
59.22.036
59.22.038
59.22.039
59.22.050
59.22.070
59.22.080
59.22.085
59.22.090
Legislative findings.
Definitions.
Mobile home park purchase account.
Loans for mobile home park conversion costs—Resident eligibility—Flexible repayment terms.
Loan duration—Rate of interest—Security—Administration
of loan.
Requirements for financing approval—Department’s duties.
Eligibility for loans—Amount of loans—Determining factors.
Technical assistance for mobile home park conversion.
Office of mobile home affairs—Duties.
Mobile home affairs account.
Transfer of title—Fee—Department of licensing—Rules.
Transfer of title—Fee supersedes other fee.
Manufactured housing task force—Duties—Membership.
Manufactured/mobile home landlord-tenant act: Chapter 59.20 RCW.
59.22.010 Legislative findings. (1) The legislature
finds:
(a) That manufactured housing and mobile home parks
provide a source of low-cost housing to the low income, elderly, poor and infirmed, without which they could not afford
private housing; but rising costs of mobile home park development and operation, as well as turnover in ownership, has
resulted in mobile home park living becoming unaffordable
to the low income, elderly, poor and infirmed, resulting in
increased numbers of homeless persons, and persons who
must look to public housing and public programs, increasing
the burden on the state to meet the housing needs of its residents;
(b) That state government can play a vital role in
addressing the problems confronted by mobile home park
residents by providing assistance which makes it possible for
mobile home park residents to acquire the mobile home parks
in which they reside and convert them to resident ownership;
and
(c) That to accomplish this purpose, information and
technical support shall be made available through the department.
(2) Therefore, it is the intent of the legislature, in order to
maintain low-cost housing in mobile home parks to benefit
the low income, elderly, poor and infirmed, to encourage and
facilitate the conversion of mobile home parks to resident
ownership, to protect low-income mobile home park residents from both physical and economic displacement, to
obtain a high level of private financing for mobile home park
conversions, and to help establish acceptance for residentowned mobile home parks in the private market. [1995 c 399
§ 154; 1987 c 482 § 1.]
59.22.010
59.22.020
59.22.020 Definitions. The following definitions shall
apply throughout this chapter unless the context clearly
requires otherwise:
(1) "Account" means the mobile home affairs account
created under RCW 59.22.070.
(2) "Affordable" means that, where feasible, low-income
residents should not pay more than thirty percent of their
monthly income for housing costs.
(3) "Conversion costs" includes the cost of acquiring the
mobile home park, the costs of planning and processing the
(2006 Ed.)
59.22.020
conversion, the costs of any needed repairs or rehabilitation,
and any expenditures required by a government agency or
lender for the project.
(4) "Department" means the department of community,
trade, and economic development.
(5) "Fee" means the mobile home title transfer fee
imposed under RCW 59.22.080.
(6) "Fund" or "park purchase account" means the mobile
home park purchase account created pursuant to RCW
59.22.030.
(7) "Housing costs" means the total cost of owning,
occupying, and maintaining a mobile home and a lot or space
in a mobile home park.
(8) "Individual interest in a mobile home park" means
any interest which is fee ownership or a lesser interest which
entitles the holder to occupy a lot or space in a mobile home
park for a period of not less than either fifteen years or the life
of the holder. Individual interests in a mobile home park
include, but are not limited to, the following:
(a) Ownership of a lot or space in a mobile home park or
subdivision;
(b) A membership or shares in a stock cooperative, or a
limited equity housing cooperative; or
(c) Membership in a nonprofit mutual benefit corporation which owns, operates, or owns and operates the mobile
home park.
(9) "Low-income resident" means an individual or
household who resided in the mobile home park prior to
application for a loan pursuant to this chapter and with an
annual income at or below eighty percent of the median
income for the county of standard metropolitan statistical
area of residence. Net worth shall be considered in the calculation of income with the exception of the resident’s
mobile/manufactured home which is used as their primary
residence.
(10) "Low-income spaces" means those spaces in a
mobile home park operated by a resident organization which
are occupied by low-income residents.
(11) "Mobile home park" means a mobile home park, as
defined in *RCW 59.20.030(4), or a manufactured home park
subdivision as defined by *RCW 59.20.030(6) created by the
conversion to resident ownership of a mobile home park.
(12) "Resident organization" means a group of mobile
home park residents who have formed a nonprofit corporation, cooperative corporation, or other entity or organization
for the purpose of acquiring the mobile home park in which
they reside and converting the mobile home park to resident
ownership. The membership of a resident organization shall
include at least two-thirds of the households residing in the
mobile home park at the time of application for assistance
from the department.
(13) "Resident ownership" means, depending on the context, either the ownership, by a resident organization, as
defined in this section, of an interest in a mobile home park
which entitles the resident organization to control the operations of the mobile home park for a term of no less than fifteen years, or the ownership of individual interests in a
mobile home park, or both.
(14) "Landlord" shall have the same meaning as it does
in RCW 59.20.030.
[Title 59 RCW—page 45]
59.22.030
Title 59 RCW: Landlord and Tenant
(15) "Manufactured housing" means residences constructed on one or more chassis for transportation, and which
bear an insignia issued by a state or federal regulatory agency
indication compliance with all applicable construction standards of the United States department of housing and urban
development.
(16) "Mobile home" shall have the same meaning as it
does in RCW 46.04.302.
(17) "Mobile home lot" shall have the same meaning as
it does in RCW 59.20.030.
(18) "Tenant" means a person who rents a mobile home
lot for a term of one month or longer and owns the mobile
home on the lot. [1995 c 399 § 155; 1993 c 66 § 9; 1991 c
327 § 2; 1988 c 280 § 3; 1987 c 482 § 2.]
*Reviser’s note: RCW 59.20.030 was amended by 1999 c 359 § 2,
changing subsection (4) to subsection (6) and subsection (6) to subsection
(8).
59.22.030
59.22.030 Mobile home park purchase account. The
mobile home park purchase account is hereby created in the
state treasury. The purpose of this account is to provide loans
according to the provisions of this chapter and for related
administrative costs of the department. The account shall
include appropriations, loan repayments, and any other
money from private sources made available to the state for
the purposes of this chapter. Owners of mobile home parks
shall not be assessed for the purposes of this account. [1991
sp.s. c 13 § 89; 1987 c 482 § 4.]
Reviser’s note: Substantial portions of 1987 c 482, authorizing loans
from the mobile home park purchase fund [account], were vetoed by the governor.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
59.22.032
59.22.032 Loans for mobile home park conversion
costs—Resident eligibility—Flexible repayment terms.
(1) The department may make loans from the fund to resident
organizations for the purpose of financing mobile home park
conversion costs. The department may only make loans to
resident organizations of mobile home parks where a significant portion of the residents are low-income or infirm.
(2) The department may make loans from the fund to
low-income residents of mobile home parks converted to resident ownership or which plan to convert to resident ownership. The purpose of providing loans under this subsection is
to reduce the monthly housing costs for low-income residents
to an affordable level. The department may establish flexible
repayment terms for loans provided under this subsection if
the terms are necessary to reduce the monthly housing costs
for low-income residents to an affordable level, and do not
represent an unacceptable risk to the security of the fund.
Flexible repayment terms may include, but are not limited to,
graduated payment schedules with negative amortization.
[1993 c 66 § 10.]
(3) The department shall obtain security for loans made
under this chapter. The security may be in the form of a note,
deed of trust, assignment of lease, or other form of security
on real or personal property which the department determines
is adequate to protect the security of the fund and the interests
of the state. To the extent applicable, the documents evidencing the security shall be recorded or referenced in a recorded
document in the office of the county auditor of the county in
which the mobile home park is located.
(4) The department may contract with private lenders,
nonprofit organizations, or units of local government to provide program administration and to service loans made under
this chapter. [1993 c 66 § 11.]
59.22.036
59.22.036 Requirements for financing approval—
Department’s duties. Before providing financing under this
chapter, the department shall require:
(1) Verification that at least two-thirds of the households
residing in the mobile home park support the plan for acquisition and conversion of the park;
(2) Verification that either no park residents will be
involuntarily displaced as a result of the park conversion, or
the impacts of displacement will be mitigated so as not to
impose a hardship on the displaced resident;
(3) Projected costs and sources of funds for conversion
activities;
(4) A projected operating budget for the park during and
after conversion; and
(5) A management plan for the conversion and operation
of the park. [1993 c 66 § 12.]
59.22.038
59.22.038 Eligibility for loans—Amount of loans—
Determining factors. The department shall consider the following factors in determining the eligibility for, and the
amount, of loans made under this chapter:
(1) The reasonableness of the conversion costs relating
to repairs, rehabilitation, construction, or other costs;
(2) The number of available and affordable mobile home
park spaces in the general area;
(3) The adequacy of the management plan for the conversion and operation of the park; and
(4) Other factors established by the department by rule.
[1993 c 66 § 13.]
59.22.039
59.22.039 Technical assistance for mobile home park
conversion. The department may provide technical assistance to resident organizations who wish to convert the
mobile home park in which they reside to resident ownership.
Technical assistance does not include details connected with
the sale or conversion of a mobile home park which would
require the department to act in a representative capacity, or
the drafting of documents affecting legal or property rights of
the parties by the department. [1993 c 66 § 14.]
59.22.034
59.22.034 Loan duration—Rate of interest—Security—Administration of loan. (1) Any loans granted under
RCW 59.22.032 shall be for a term of no more than thirty
years.
(2) The department shall establish the rate of interest to
be paid on loans made from the fund.
[Title 59 RCW—page 46]
59.22.050
59.22.050 Office of mobile home affairs—Duties. (1)
In order to provide general assistance to mobile home resident organizations, park owners, and landlords and tenants,
the department shall establish an office of mobile home
affairs which will serve as the coordinating office within state
(2006 Ed.)
Office of Mobile Home Affairs—Resident-Owned Mobile Home Parks
government for matters relating to mobile homes or manufactured housing.
This office will provide an ombudsman service to mobile
home park owners and mobile home tenants with respect to
problems and disputes between park owners and park residents and to provide technical assistance to resident organizations or persons in the process of forming a resident organization pursuant to chapter 59.22 RCW. The office will keep
records of its activities in this area.
(2) The office shall perform all the consumer complaint
and related functions of the state administrative agency that
are required for purposes of complying with the regulations
established by the federal department of housing and urban
development for manufactured housing, including the preparation and submission of the state administrative plan.
(3) The office shall administer the mobile home relocation assistance program established in chapter 59.21 RCW,
including verifying the eligibility of tenants for relocation
assistance. [1991 c 327 § 3; (2005 c 429 § 9 expired December 31, 2005); 1989 c 294 § 1; 1988 c 280 § 2.]
Registration assessments—2005 c 429: "Any amount assessed under
section 7(2), chapter 429, Laws of 2005 that remains uncollected on December 31, 2005, shall be collected under the terms of section 7, chapter 429,
Laws of 2005 as it existed before December 31, 2005." [2005 c 429 § 10.]
Effective date—2005 c 429: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 13, 2005]." [2005 c 429 § 11.]
Expiration date—2005 c 429: "Except for sections 10 and 13 of this
act, this act expires December 31, 2005." [2005 c 429 § 12.]
Registration assessments—2005 c 429: "Beginning in January 2006,
the state treasurer shall transfer any funds remaining in the manufactured/mobile home investigations account under section 8, chapter 429,
Laws of 2005 to the mobile home affairs account under RCW 59.22.070 for
the purposes under RCW 59.22.050. All funds collected by the department
under section 10, chapter 429, Laws of 2005 shall be transferred to the state
treasurer for deposit into the mobile home affairs account." [2005 c 429 §
13.]
59.22.070
59.22.070 Mobile home affairs account. There is created in the custody of the state treasurer a special account
known as the mobile home affairs account.
Disbursements from this special account shall be as follows:
(1) For the two-year period beginning July 1, 1988, forty
thousand dollars, or so much thereof as may be necessary for
costs incurred in registering landlords and collecting fees,
and thereafter five thousand dollars per year for that purpose.
(2) All remaining amounts shall be remitted to the
department for the purpose of implementing RCW 59.22.050
and *59.22.060. [1995 c 399 § 156; 1989 c 201 § 8; 1988 c
280 § 5.]
*Reviser’s note: RCW 59.22.060 was repealed by 1996 c 88 § 1, effective July 1, 1996.
59.22.080
59.22.080 Transfer of title—Fee—Department of
licensing—Rules. (1) There is hereby imposed a fee of fifteen dollars on every transfer of title issued pursuant to chapter 46.12 RCW on a new or used mobile home where ownership of the mobile home is changed and on each application
for the elimination of title under chapter 65.20 RCW. A transfer of title does not include the addition or deletion of a
spouse co-owner or a secured interest. The department of
(2006 Ed.)
59.22.090
licensing or its agents shall collect the fee when processing
the application for transfer or elimination of title. The fee collected under this section shall be forwarded to the state treasurer. The state treasurer shall deposit each fee collected in
the mobile home affairs account created by RCW 59.22.070.
(2) The department of licensing and the state treasurer
may enact any rules necessary to carry out this section. [1991
c 327 § 1.]
59.22.085
59.22.085 Transfer of title—Fee supersedes other fee.
The fifteen-dollar fee imposed in RCW 59.22.080 on the
transfer or elimination of mobile home titles for deposit in the
mobile home affairs account, shall supersede the fifteen dollars collected in *RCW 59.21.060 for deposit into the mobile
home affairs account on July 1, 1991. [1991 c 327 § 7.]
*Reviser’s note: RCW 59.21.060 expired July 1, 1992.
59.22.090
59.22.090 Manufactured housing task force—
Duties—Membership. (1) A manufactured housing task
force is established to study and make recommendations concerning the structure state government should use to regulate
manufactured housing in this state. In conducting this study,
the task force shall review the structures used in other states,
including those states with a commission structure. The task
force shall consider the report prepared by the department of
licensing, the department of labor and industries, and the
department of community, trade, and economic development
on consolidating mobile home-related functions in conducting its study. The task force may not consider any form of
mobile home rent control, but shall consider mobile home
park siting and density regulatory issues.
(2) The task force shall terminate on December 31, 1992.
(3) The task force shall consist of the following members:
(a) Two members of the house of representatives
appointed by the speaker of the house of representatives,
from different political caucuses;
(b) Two members of the senate appointed by the president of the senate, from different political caucuses;
(c) Two members who represent mobile home park owners, appointed by the governor;
(d) Two members who represent mobile home owners,
appointed by the governor;
(e) One member who represents mobile home manufacturers, appointed by the governor;
(f) One member who represents mobile home dealers,
appointed by the governor;
(g) One member who represents mobile home transporters, appointed by the governor;
(h) One member who represents local building officials,
appointed by the governor;
(i) One member who is either an elected or appointed
government official of a county with a population of one hundred thousand or more persons, appointed by the governor;
(j) One member who is either an elected or appointed
government official of a county with a population of less than
one hundred thousand persons, appointed by the governor;
(k) One member who is either an elected or appointed
government official of a city with a population of thirty-five
thousand persons, appointed by the governor;
[Title 59 RCW—page 47]
Chapter 59.23
Title 59 RCW: Landlord and Tenant
(l) One member who is either an elected or appointed
government official of a city with a population of less than
thirty-five thousand persons, appointed by the governor;
(m) One member who represents local health officials,
appointed by the governor; and
(n) The director, or the director’s designee from the
department of community, trade, and economic development,
the department of licensing, the department of labor and
industries, and the attorney general’s office. The designees
shall be nonvoting, ex officio members of the task force.
(4) The members of the task force shall select the chair or
co-chairs of the task force.
(5) Staff assistance for the task force will be provided by
legislative staff and staff from the agencies or offices listed in
subsection (3)(n) of this section. [1998 c 245 § 105; 1991 c
327 § 4.]
Chapter 59.23 RCW
MOBILE HOME PARKS—RESIDENT OWNERSHIP
IN EVENT OF SALE
59.23.015
59.23.015 Application of chapter—Definition of
"notice." If a qualified tenant organization gives written
notice to the mobile home park owner where the tenants
reside that they have a present and continuing desire to purchase the mobile home park, the park may then be sold only
according to this chapter.
"Notice" for the purposes of this section means a writing
signed by sixty percent of the tenants in the park indicating
that they desire to participate in the purchase of the park, and
that they are contractually bound to the other signators of the
notice to participate by purchasing an ownership interest that
will entitle them to occupy a mobile home space for the
remainder of their life or for a term of at least fifteen years.
[1993 c 66 § 3.]
Reviser’s note: Chapter 59.23 RCW was declared invalid in Manufactured Housing Communities of Washington v. State, 142 Wash.2d 347
(2000).
Chapter 59.23
Sections
59.23.005
59.23.010
59.23.015
59.23.020
59.23.025
59.23.030
59.23.035
59.23.040
Findings—Intent.
Obligation of good faith.
Application of chapter—Definition of "notice."
Definitions.
Notice to qualified tenant organization of sale of mobile home
park—Time frame for negotiations—Terms—Transfer or
sale to relatives.
Improper notice by mobile home park owner—Sale may be set
aside—Attorneys’ fees.
Notice to mobile home park owner of sale of tenant’s mobile
home—Time frame for negotiations—Terms—Transfer or
sale to relatives.
Improper notice by mobile home owner—Sale may be set
aside—Attorneys’ fees.
Reviser’s note: Chapter 59.23 RCW was declared invalid in Manufactured Housing Communities of Washington v. State, 142 Wash.2d 347
(2000).
59.23.005 Findings—Intent. The legislature finds that
mobile home parks provide a significant source of homeownership for many Washington residents, but increasing rents
and low vacancy rates, as well as the pressure to convert
mobile home parks to other uses, increasingly make mobile
home park living insecure for mobile home owners. The legislature also finds that many homeowners who reside in
mobile home parks are also those residents most in need of
reasonable security in the siting of their manufactured homes.
It is the intent of the legislature to encourage and facilitate the
conversion of mobile home parks to resident ownership in the
event of a voluntary sale of the park. [1993 c 66 § 1.]
59.23.005
Reviser’s note: Chapter 59.23 RCW was declared invalid in Manufactured Housing Communities of Washington v. State, 142 Wash.2d 347
(2000).
59.23.010 Obligation of good faith. An obligation of
good faith is imposed on the parties in the conduct of transactions affected by this chapter. Rights created by this chapter
are forfeited by any party failing to act in good faith. Further
obligations under this chapter on other parties are also discharged by a failure to act in good faith. [1993 c 66 § 2.]
59.23.010
Reviser’s note: Chapter 59.23 RCW was declared invalid in Manufactured Housing Communities of Washington v. State, 142 Wash.2d 347
(2000).
[Title 59 RCW—page 48]
59.23.020
59.23.020 Definitions. (1) "Mobile home park" means
the same as defined in RCW 59.20.030.
(2)(a) The terms "sold" or "sale" for the purposes of this
chapter have their ordinary meaning and include: (i) A conveyance, grant, assignment, quitclaim, or transfer of ownership or title to real property and improvements that comprise
the mobile home park, or mobile homes, for a valuable consideration; (ii) a contract for the conveyance, grant, assignment, quitclaim, or transfer; (iii) a lease with an option to purchase the real property and improvements, or mobile home,
or any estate or interest therein; or (iv) other contract under
which possession of the property is given to the purchaser, or
any other person by his or her direction, where title is retained
by the vendor as security for the payment of the purchase
price. These terms also include any other transfer of the beneficial or equitable interest in the mobile home park such as a
transfer of equity stock or other security evidencing ownership that results in a change in majority interest ownership.
(b) The terms "sale" or "sold" do not include: (i) A transfer by gift, devise, or inheritance; (ii) a transfer of a leasehold
interest other than of the type described in this subsection;
(iii) a cancellation or forfeiture of a vendee’s interest in a
contract for the sale of the mobile home park; (iv) a deed in
lieu of foreclosure of a mortgage; (v) the assumption by a
grantee of the balance owing on an obligation that is secured
by a mortgage or deed in lieu of forfeiture of the vendee’s
interest in a contract of sale where no consideration passes
otherwise; (vi) the partition of property by tenants in common by agreement or as the result of a court decree; (vii) a
transfer, conveyance, or assignment of property or interest in
property from one spouse to the other in accordance with the
terms of a decree of divorce or dissolution or in fulfillment of
a property settlement agreement incident thereto; (viii) the
assignment or other transfer of a vendor’s interest in a contract for the sale of real property, even though accompanied
by a conveyance of the vendor’s interest in the real property
involved; (ix) transfers by appropriation or decree in condemnation proceedings brought by the United States, the
state or any political subdivision thereof, or a municipal corporation; (x) a mortgage or other transfer of an interest in real
property or mobile home merely to secure a debt, or the
assignment thereof; (xi) a transfer or conveyance made under
an order of sale by the court in a mortgage or lien foreclosure
(2006 Ed.)
Mobile Home Parks—Resident Ownership in Event of Sale
proceeding or upon execution of a judgment; (xii) a deed in
lieu of foreclosure to satisfy a mortgage; (xiii) a conveyance
to the federal housing administration or veterans’ administration by an authorized mortgagee made under a contract of
insurance or guarantee with the federal housing administration or veterans’ administration; (xiv) a transfer in compliance with the terms of any lease or contract upon which
notice has already been given under this chapter, or where the
lease or contract was entered into before July 25, 1993; or
(xv) a transfer to a corporation or partnership the majority
interest of which is wholly owned by the transferor.
(3) A "qualified tenant organization" means a formal
organization of tenants in the park in question, organized for
the purpose of purchasing the park, with membership made
available to all tenants with the only requirements for membership being: (a) Payment of reasonable dues; and (b) being
a tenant in the park. [1993 c 66 § 4.]
Reviser’s note: Chapter 59.23 RCW was declared invalid in Manufactured Housing Communities of Washington v. State, 142 Wash.2d 347
(2000).
59.23.025
59.23.025 Notice to qualified tenant organization of
sale of mobile home park—Time frame for negotiations—
Terms—Transfer or sale to relatives. If notice of a desire
to purchase has been given under RCW 59.23.015, a park
owner shall notify the qualified tenant organization that an
agreement to purchase and sell has been reached and the
terms of the agreement, including the availability and terms
of seller financing, before closing a sale with any other person or entity. If, within thirty days after the actual notice has
been received, the qualified tenant organization tenders to the
park owner an amount equal to two percent of the agreed purchase price, refundable only according to this chapter,
together with a fully executed purchase and sale agreement at
least as favorable to the park owner as the original agreement,
the mobile home park owner must sell the mobile home park
to the qualified tenant organization. The tenant organization
must then close the sale on the same terms as outlined in the
original agreement between the park owner and the prospective purchaser. In the case of seller financing, a mobile home
park owner may decline to sell the mobile home park to the
qualified tenant organization if, based on reasonable and
objective evidence, to do so would present a greater financial
risk to the seller than would selling on the same terms to the
original offeror.
If the qualified tenant organization fails to perform under
the terms of the agreement the owner may proceed with the
sale to any other party at these terms. If the park owner thereafter elects to accept an offer at a price lower than the price
specified in the notice, the homeowners will have an additional ten days to meet the price and terms and conditions of
this lower offer by executing a contract. If the qualified tenant organization fails to perform following two such opportunities, the park owner shall be free for a period of twenty-four
months to execute a sale of the park to any other party.
A mobile home park owner who enters into a signed
agreement to sell or transfer the ownership of the mobile
home park to a relative or a legal entity composed of relatives
or established for the benefit of relatives of the mobile home
park owner, who signs an agreement stating the intention to
maintain the property as a mobile home park is exempted
(2006 Ed.)
59.23.035
from the requirements of this section and RCW 59.23.030.
[1993 c 66 § 5.]
Reviser’s note: Chapter 59.23 RCW was declared invalid in Manufactured Housing Communities of Washington v. State, 142 Wash.2d 347
(2000).
59.23.030
59.23.030 Improper notice by mobile home park
owner—Sale may be set aside—Attorneys’ fees. Failure
on the part of a mobile home park owner to give notice as
required by this chapter renders a sale of the mobile home
park that occurs within thirty days of the time the qualified
tenant organization knows or has reason to know that a violation of the notice provisions of RCW 59.23.015 has occurred,
voidable upon application to superior court after notice and
hearing. If the court determines that the notice provisions of
this chapter have been violated, the court shall issue an order
setting aside the improper sale. In an action brought under
this section, the court shall award the prevailing party attorneys’ fees and costs. For the purposes of this section, a "prevailing party" includes any third party purchaser who appears
and successfully defends his or her interest. [1993 c 66 § 6.]
Reviser’s note: Chapter 59.23 RCW was declared invalid in Manufactured Housing Communities of Washington v. State, 142 Wash.2d 347
(2000).
59.23.035
59.23.035 Notice to mobile home park owner of sale
of tenant’s mobile home—Time frame for negotiations—
Terms—Transfer or sale to relatives. If a mobile home
park owner gives written notice to all tenants residing in the
park, including new tenants at the commencement of their
tenancy, that he or she has a desire to purchase their mobile
homes, the mobile homes may be sold only according to the
following provisions:
(1) Before transfer of title to any other person or entity,
the mobile home owner shall notify the park owner if an
agreement to purchase and sell has been reached and specify
the terms of the agreement.
(2) If, within ten days of the notice, the mobile home
park owner tenders to the mobile home owner an amount
equal to five percent of the agreed purchase price, together
with a fully executed purchase and sale agreement, the
mobile home owner must sell the mobile home to the mobile
home park owner.
(3) The mobile home park owner must then perform
under the agreement and stand ready to close the sale according to the terms of the agreement between buyer and seller.
Failure to perform under the terms of the agreement on the
part of the mobile home park owner results in the forfeiture of
the five percent deposit and voids the purchase and sale
agreement.
(4) The rights of the mobile home park owner or of the
mobile home owner under the purchase and sale agreement,
including the deposit, are not forfeited if the transaction fails
to close due to no fault or inability to perform on the part of
the seller.
(5) In the case of seller financing, the mobile home
owner may decline to sell to the mobile home park owner if,
based on reasonable and objective evidence, to do so would
present a greater financial risk to the seller than would selling
to the original offeror.
[Title 59 RCW—page 49]
59.23.040
Title 59 RCW: Landlord and Tenant
A mobile home owner who enters into a signed agreement to sell or transfer the ownership of the mobile home to
a relative is exempted from the requirements of this section
and RCW 59.23.040. [1993 c 66 § 7.]
Reviser’s note: Chapter 59.23 RCW was declared invalid in Manufactured Housing Communities of Washington v. State, 142 Wash.2d 347
(2000).
59.23.040
59.23.040 Improper notice by mobile home owner—
Sale may be set aside—Attorneys’ fees. Failure on the part
of a mobile home owner to give notice as required by this
chapter renders a sale of the mobile home that occurs within
sixty days of the time the mobile home park owner knows or
has reason to know that a violation of the notice provisions of
RCW 59.23.035 has occurred, voidable upon application to
superior court after notice and hearing. If the court determines that the notice provisions of this chapter have been violated, the court shall issue an order setting aside the improper
sale. In an action brought under this section, the court shall
award the prevailing party attorneys’ fees and costs. For the
purposes of this section a "prevailing party" includes a third
party purchaser who appears and successfully defends his or
her interest. [1993 c 66 § 8.]
Reviser’s note: Chapter 59.23 RCW was declared invalid in Manufactured Housing Communities of Washington v. State, 142 Wash.2d 347
(2000).
Chapter 59.24
Chapter 59.24 RCW
RENTAL SECURITY DEPOSIT
GUARANTEE PROGRAM
Sections
59.24.010
59.24.020
59.24.030
59.24.040
59.24.050
59.24.060
59.24.900
Legislative findings.
Program established—Grants—Eligible participants.
Contracts required—Terms.
Authority of grant recipients.
Rules.
Sources of funds.
Severability—1988 c 237.
59.24.010
59.24.010 Legislative findings. The legislature finds
that one of the most difficult problems that temporarily
homeless persons or families face in seeking permanent
housing is the necessity of paying a security deposit in addition to paying the first month’s rent. The security deposit
requirement is often impossible for the temporarily homeless
person or family to meet because their savings are depleted
due, for example, to purchasing temporary shelter in a motel
when space at an emergency shelter was not available. A program to guarantee the security deposit for the temporarily
homeless person or family will help the poor in this state
achieve adequate permanent shelter. [1988 c 237 § 1.]
59.24.020
59.24.020 Program established—Grants—Eligible
participants. (1) The department of community, trade, and
economic development shall establish the rental security
deposit guarantee program. Through this program the department of community, trade, and economic development shall
provide grants and technical assistance to local governments
or nonprofit corporations, including local housing authorities
as defined in RCW 35.82.030, who operate emergency housing shelters or transitional housing programs. The grants are
[Title 59 RCW—page 50]
to be used for the payment of residential rental security
deposits under this chapter. The technical assistance is to help
the local government or nonprofit corporation apply for
grants and carry out the program. In order to be eligible for
grants under this program, the recipient local government or
nonprofit corporation shall provide fifteen percent of the total
amount needed for the security deposit. The security deposit
may include last month’s rent where such rent is required as
a normal practice by the landlord.
(2) The grants and matching funds shall be placed by the
recipient local government or nonprofit corporation in a
revolving loan fund and deposited in a bank or savings institution in an account that is separate from all other funds of the
recipient. The funds and interest earned on these funds shall
be utilized only as collateral to guarantee the payment of a
security deposit required by a residential rental property
owner as a condition for entering into a rental agreement with
a prospective tenant.
(3) Prospective tenants who are eligible to participate in
the rental security deposit guarantee program shall be limited
to homeless persons or families who are residing in an emergency shelter or transitional housing operated by a local government or a nonprofit corporation, or to families who are
temporarily residing in a park, car, or are otherwise without
adequate shelter. The local government or nonprofit corporation shall make a determination regarding the person’s or
family’s eligibility to participate in this program and a determination that a local rental unit is available for occupation. A
determination of eligibility shall include, but is not limited to:
(a) A determination that the person or family is homeless or
is in transitional housing; (b) a verification of income and that
the person or family can reasonably make the monthly rental
payment; and (c) a determination that the person or family
does not have the financial resources to make the rental security deposit. [1995 c 399 § 157; 1988 c 237 § 2.]
59.24.030 Contracts required—Terms. (1) A threeparty contract shall be required of persons participating in the
rental deposit guarantee program. The parties to the contract
shall be the local government or nonprofit corporation operating a shelter for homeless persons or transitional housing,
the tenant, and the rental property owner. The terms of the
contract shall include, but are not limited to, all of the following:
(a) The owner of the rental property shall agree to allow
the security deposit to be paid by the tenant over a specified
number of months as an addition to the regular rental payment, rather than as a lump-sum payment.
(b) Upon execution of the agreement, the local government or nonprofit corporation shall encumber or reserve
funds in a special fund created under RCW 59.24.020, as a
guarantee of the contract, an amount no less than eighty percent of the outstanding balance of the security deposit owed
by the tenant to the landlord.
(c) The tenant shall agree to a payment schedule of a
specified number of months in which time the total amount of
the required deposit shall be paid to the property owner.
(d) At any time during the operation of the guarantee, the
property owner shall make all claims first against amounts of
the security deposit actually paid by the tenant and secondly
against the guarantee. At no time during or after the tenancy
59.24.030
(2006 Ed.)
Federally Assisted Housing
may the property owner make claims against the guarantee in
excess of that amount agreed to as the guarantee.
(e) If a deduction from the guarantee fund is required, it
may be accomplished only to the extent permitted by the contract and in the manner provided by law, including notice to
the legal agency or organization. The tenant shall have no
direct use of guarantee funds, including funds which may be
referred to as "last month’s rent."
(2) The department shall make available to local governments and nonprofit corporations receiving grants under this
chapter the forms deemed necessary for the contracts and the
determination of eligibility. Local governments and nonprofit
corporations may develop and use their own forms as long as
the forms meet the requirements specified in this chapter.
[1988 c 237 § 3.]
59.24.040
59.24.040 Authority of grant recipients. A local government or nonprofit corporation receiving a grant under this
chapter may utilize a portion of the allocation for costs of
administering and operating its rental security deposit guarantee program. The department shall approve the amount so
utilized prior to expenditure, and the amount may not exceed
five percent of the allocation. The staff of the grant recipient
shall be responsible for soliciting housing opportunities for
low-income homeless persons, coordinating with local lowincome rental property owners, making determinations
regarding the eligibility of prospective tenants for the program, and providing information to prospective tenants on
the tenant-property owner relationship, appropriate treatment
of property, and the importance of timely rental payments.
The staff of the grant recipient assigned to administer the program shall be reasonably available to property owners and
tenants to answer questions or complaints about the program.
[1988 c 237 § 4.]
59.24.050
59.24.050 Rules. The department of community, trade,
and economic development may adopt rules to implement
this chapter, including but not limited to: (1) The eligibility
of and the application process for local governments and nonprofit corporations; (2) the criteria by which grants and technical assistance shall be provided to local governments and
nonprofit corporations; and (3) the criteria local governments
and nonprofit corporations shall use in entering into contracts
with tenants and rental property owners. [1995 c 399 § 158;
1988 c 237 § 5.]
59.24.060
59.24.060 Sources of funds. The department of community, trade, and economic development may receive such
gifts, grants, or endowments from public or private sources,
as may be made from time to time, in trust or otherwise, to be
used by the department of community, trade, and economic
development for its programs, including the rental security
deposit guarantee program. Funds from the housing trust
fund, chapter 43.185 RCW, up to one hundred thousand dollars, may be used for the rental security deposit guarantee
program by the department of community, trade, and economic development, local governments, and nonprofit organizations, provided all the requirements of this chapter and
chapter 43.185 RCW are met. [1995 c 399 § 159; 1988 c 237
§ 6.]
(2006 Ed.)
59.28.020
59.24.900 Severability—1988 c 237. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1988 c 237 § 8.]
59.24.900
Chapter 59.28
Chapter 59.28 RCW
FEDERALLY ASSISTED HOUSING
Sections
59.28.010
59.28.020
59.28.030
59.28.040
59.28.050
59.28.060
59.28.070
59.28.080
59.28.090
59.28.100
59.28.120
59.28.130
59.28.900
59.28.901
59.28.902
Legislative findings—Purpose.
Definitions.
Contracts—Expiration or termination—Notice—Applicability.
Notice of expiration or prepayment—Owner’s duty.
Owner’s rights—Public regulatory powers—Applicability.
Notice of expiration or prepayment—Contents—Location—
Requests for information.
Removal of tenants—Notice of expiration or prepayment—
Timing.
Rent increase—Notice of expiration or prepayment—Timing.
Modification of rental agreement—Notice of expiration or
prepayment—Timing.
Violations—Civil actions—Parties.
Department of community, trade, and economic development—Develop and provide information and technical assistance.
Eviction of tenant—Restriction.
Severability—1989 c 188.
Severability—2000 c 255.
Effective date—2000 c 255.
59.28.010
59.28.010 Legislative findings—Purpose. The legislature finds that:
(1) There is a severe shortage of federally assisted housing within the state of Washington. Over one hundred seventy thousand low and moderate-income households are eligible for federally assisted housing but are unable to locate
vacant units.
(2) Within the next twenty years, more than twenty-six
thousand existing low-income housing units may be lost as a
result of the prepayment of mortgages or loans by the owners,
or as a result of the expiration of rental assistance contracts.
Over three thousand units of federally assisted housing have
already been lost and an additional nine thousand units may
be lost within the next two and one-half years.
(3) Recent reductions in federal housing assistance and
tax benefits related to low-income housing make it uncertain
whether additional units of federally assisted housing will be
built or that those lost will be replaced.
(4) The loss of federally assisted housing will adversely
affect current tenants and lead to their displacement. It will
also drastically reduce the supply of affordable housing in
our communities.
It is the purpose of this chapter to preserve federally
assisted housing in the state of Washington and to minimize
the involuntary displacement of tenants currently residing in
such housing. [1989 c 188 § 1.]
59.28.020
59.28.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Federally assisted housing" means any multifamily
housing that is insured, financed, assisted, or held by the secretary of housing and urban development or the secretary of
agriculture under:
[Title 59 RCW—page 51]
59.28.030
Title 59 RCW: Landlord and Tenant
(a) Section 8 of the United States housing act of 1937, as
amended (42 U.S.C. Sec. 1437f);
(b) Section 101 of the housing and urban development
act of 1965, as amended (12 U.S.C. Sec. 1701s);
(c) The following sections of the national housing act:
(i) Section 202 (12 U.S.C. Sec. 1701q);
(ii) Section 213 (12 U.S.C. Sec. 1715e);
(iii) Section 221(d) (3) and (4) (12 U.S.C. Sec. 17151(d)
(3) and (4));
(iv) Section 223(f) (12 U.S.C. Sec. 1715n(f));
(v) Section 231 (12 U.S.C. Sec. 1715v); or
(vi) Section 236 (12 U.S.C. Sec. 1715z-1); and
(d) The following sections of the housing act of 1949, as
amended:
(i) Section 514 (42 U.S.C. Sec. 1484);
(ii) Section 515 (42 U.S.C. Sec. 1485);
(iii) Section 516 (42 U.S.C. Sec. 1486);
(iv) Section 521(a)(1)(B) (42 U.S.C. Sec. 1490a(a)(1));
or
(v) Section 521(a)(2) (42 U.S.C. Sec. 1490a(a)(2)).
(2) "Rental agreement" means any agreement that establishes or modifies the terms, conditions, rules, regulations, or
any other provision concerning the use and occupancy of a
federally assisted housing unit.
(3) "Owner" means the current or subsequent owner or
owners of federally assisted housing.
(4) "Low-income use restrictions" means any federal,
state, or local statute, rule, regulation, ordinance, or contract
which, as a condition of receipt of any federal, state, or local
financial assistance, establishes maximum limitations on tenant income as a condition of eligibility for occupancy of the
units within a development, imposes any restrictions on the
maximum rents that could be charged for any of the units
within a development, or requires that rent for any of the units
within a development be reviewed by any governmental body
or agency before the rents are implemented.
(5) "Prepayment" means the payment in full or refinancing of the federally insured or federally held mortgage or loan
prior to its original maturity date, or the voluntary cancellation of mortgage insurance, if that would have the effect of
terminating any low-income use restrictions.
(6) "Public housing agency" means any state or local
agency or nonprofit entity that is authorized to administer
tenant-based rental assistance under federal, state, or local
law. [2000 c 255 § 1; 1989 c 188 § 2.]
59.28.030 Contracts—Expiration or termination—
Notice—Applicability. (1) This chapter shall not apply to
the expiration or termination of a housing assistance contract
between a public housing agency and an owner of existing
housing participating in either the section 8 certificate or
voucher program (42 U.S.C. Sec. 1437f).
(2) An owner of federally assisted housing shall not be
required to give notice of a prepayment under this chapter, if
the owner has: (a) Entered into an agreement with a federal,
state, or local agency continuing existing, or imposing new,
low-income use restrictions for at least twenty years that
ensure that the tenants residing in the development at the time
of prepayment are not involuntarily displaced except for
good cause and that the housing will continue to serve very
low and low-income families and persons in need of afford59.28.030
[Title 59 RCW—page 52]
able housing; and (b) served notice of the agreement on the
clerk of the city, or county if in an unincorporated area, in
which the property is located, on any public housing agency
that would be responsible for administering tenant-based
rental assistance to persons who would otherwise be displaced from this housing, and on the department of community, trade, and economic development by regular and certified mail and posted a copy of the agreement in a conspicuous place at the development where it is likely to be seen by
the tenants. The posted agreement shall be maintained intact
and in legible form for the life of the agreement.
(3) An owner of federally assisted housing is not
required to give notice that a rental assistance contract is
expiring if: (a) The owner has entered into an agreement with
the United States department of housing and urban development or other federal, state, or local agency to renew the
rental assistance contract for a minimum of five years subject
to the availability of adequate appropriations; (b) the agreement itself does not expire in less than twelve months; and (c)
the owner has served written notice of the agreement on the
clerk of the city, or county if in an unincorporated area, in
which the property is located, on any public housing agency
that would be responsible for administering tenant-based
rental assistance to persons who would otherwise be displaced from this housing, and on the department of community, trade, and economic development, by regular and certified mail and posted these notices in a conspicuous place at
the development where they are likely to be seen by the tenants. The posted notices shall be maintained intact and in legible form for the life of the agreement to renew the rental
assistance contract. [2000 c 255 § 2; 1989 c 188 § 3.]
59.28.040
59.28.040 Notice of expiration or prepayment—
Owner’s duty. Except as provided in RCW 59.28.030, all
owners of federally assisted housing shall, at least twelve
months before the expiration of the rental assistance contract
or prepayment of a mortgage or loan, serve a written notice of
the anticipated expiration or prepayment date on each tenant
household residing in the housing, on the clerk of the city, or
clerk of the county legislative authority if in an unincorporated area, in which the property is located, on any public
housing agency that would be responsible for administering
tenant-based rental assistance to persons who would otherwise be displaced from this housing, and on the department
of community, trade, and economic development, by regular
and certified mail. All owners of federally assisted housing
shall also serve written notice of the anticipated expiration or
prepayment date on each tenant household that moves into
the housing after the initial notice has been given, but before
the expiration of the rental assistance contract or prepayment
of the mortgage or loan. This notice shall be given before a
new tenant is asked to execute a rental agreement or required
to pay any deposits. [2002 c 30 § 3; 2000 c 255 § 3; 1995 c
399 § 160; 1989 c 188 § 4.]
59.28.050
59.28.050 Owner’s rights—Public regulatory powers—Applicability. This chapter shall not in any way prohibit an owner of federally assisted housing from terminating
a rental assistance contract or prepaying a mortgage or loan.
The requirement in this chapter for notice shall not be con(2006 Ed.)
Federally Assisted Housing
strued as conferring any new or additional regulatory power
upon the city or county clerk or upon the department of community, trade, and economic development. [1995 c 399 §
161; 1989 c 188 § 5.]
59.28.060
59.28.060 Notice of expiration or prepayment—Contents—Location—Requests for information. (1) The
notice to tenants required by RCW 59.28.040 shall state:
(a) Whether the owner (i) intends to prepay the mortgage
or loan or allow the rental assistance contract to expire in
order to operate the housing without any low-income use
restrictions, (ii) plans on renewing the rental assistance contract subject to the availability of adequate appropriations, or
(iii) is seeking additional financial incentives or higher rents
as a condition of remaining in the federal program; (b) the
reason the owner plans on taking this action; (c) the owner’s
plans for the project, including any timetables or deadlines
for actions to be taken by the owner and any specific federal,
state, or local agency approvals that the owner is required to
obtain; (d) the anticipated date of the prepayment of the mortgage or loan or expiration of the rental assistance contract; (e)
the effect, if any, that prepayment of the mortgage or loan or
expiration of the rental assistance contract will have upon the
tenants’ rent and other terms of their rental agreement; and (f)
that additional information will be served on the city or
county, on the local public housing agency, and on the
department of community, trade, and economic development
and will be posted at the development. The owner shall also
include with the notice written information, prepared by the
department of community, trade, and economic development
under RCW 59.28.120(1), concerning the legal rights,
responsibilities, and options of owners and tenants when an
owner intends to prepay a mortgage or loan or terminate a
rental assistance contract.
(2) The notice to the city or county clerk and to the
department of community, trade, and economic development
required by RCW 59.28.040 shall state: (a) The name, location, and project number of the federally assisted housing and
the type of assistance received from the federal government;
(b) the number and size of units; (c) the age, race, family size,
and estimated incomes of the tenants who will be affected by
the prepayment of the loan or mortgage or expiration of the
federal assistance contract; (d) the current rents and projected
rent increases for each affected tenant after the prepayment of
the mortgage or loan or expiration of the rental assistance
contract without disclosing the identities of the affected tenants; (e) the availability and type, if any, of rental assistance
after the prepayment of the mortgage or loan or expiration of
the rental assistance contract; and (f) the age, race, family
size, and estimated incomes of any applicants on the project’s
waiting list without disclosing the identities of the applicants.
The owner shall attach to this notice a copy of the notice the
owner sends to the tenants under this chapter.
(3) All owners of federally assisted housing shall immediately post a copy of any notices they send the city or county
clerk, any public housing agency, and the department of community, trade, and economic development, under RCW
59.28.040, in a conspicuous place at the development where
they are likely to be seen by current and prospective tenants.
The notices shall be maintained intact and in legible form for
twelve months from the date they are posted.
(2006 Ed.)
59.28.120
All owners of federally assisted housing shall, upon
request of any state or local agency, provide the agency with
a copy of any rent comparability study, market analysis, or
projected budget that they submit to the United States department of housing and urban development or other federal
agency in conjunction with the prepayment of their mortgage
or loan or in anticipation of the expiration of their rental
assistance contract, together with any physical inspection
reports or capital needs assessments completed by the owner
or federal agency within the last three years. [2000 c 255 § 4;
1995 c 399 § 162; 1989 c 188 § 6.]
59.28.070
59.28.070 Removal of tenants—Notice of expiration
or prepayment—Timing. From the date of service of the
notice under RCW 59.28.040 until either twelve months have
elapsed or expiration or prepayment of the rental assistance
contract or mortgage or loan, whichever is later, no owner of
federally assisted housing may evict a tenant or demand possession of any federally assisted housing unit, except as
authorized by the federal assistance program applicable to the
project, prior to expiration or prepayment of the rental assistance contract or mortgage or loan. [1989 c 188 § 7.]
59.28.080
59.28.080 Rent increase—Notice of expiration or
prepayment—Timing. From the date of service of the
notice under RCW 59.28.040 until either twelve months have
elapsed or expiration or prepayment of the rental assistance
contract, mortgage, or loan, whichever is later, no owner of
federally assisted housing may increase the rent of a federally
assisted housing unit, or the share of the rent paid by the tenant, above the amount authorized by the federal assistance
program applicable to the project prior to expiration or prepayment of the rental assistance contract or mortgage or loan.
[2000 c 255 § 5; 1989 c 188 § 8.]
59.28.090
59.28.090 Modification of rental agreement—Notice
of expiration or prepayment—Timing. From the date of
service of the notice under RCW 59.28.040 until either
twelve months have elapsed or expiration or prepayment of
the rental assistance contract, mortgage, or loan, whichever is
later, no owner of federally assisted housing may change the
terms of the rental agreement, except as permitted under the
existing rental agreement, prior to expiration or prepayment
of the rental assistance contract or mortgage or loan. [1989 c
188 § 9.]
59.28.100
59.28.100 Violations—Civil actions—Parties. Any
party who is entitled to receive notice under this chapter may
bring a civil action to enjoin or recover actual damages for
any violation of this chapter, together with the costs of the
suit including reasonable attorneys’ fees. Any tenant who is
entitled to receive notice under this chapter shall also recover
statutory damages of fifty dollars. [2000 c 255 § 6; 1989 c
188 § 10.]
59.28.120
59.28.120 Department of community, trade, and economic development—Develop and provide information
and technical assistance. The department of community,
trade, and economic development shall within ninety days
after March 31, 2000, consult with all interested stakeholders
[Title 59 RCW—page 53]
59.28.130
Title 59 RCW: Landlord and Tenant
and develop and provide to owners and tenants of federally
assisted housing, state and local agencies, and other interested persons all of the following:
(1) Written information concerning the legal rights,
responsibilities, and options of owners and tenants when an
owner intends to prepay a mortgage or loan or terminate a
rental assistance contract. This information shall include the
name and telephone number of any qualified legal aid program that provides civil legal services to indigent persons and
of any other state, regional, or local organization that can be
contacted to request additional information about an owner’s
responsibilities and the rights and options of an affected tenant;
(2) Written information sufficient to enable an owner of
federally assisted housing to comply with the notification
requirements of this chapter, including the name and address
of any public housing agency that would be responsible for
administering tenant-based rental assistance to persons who
would otherwise be displaced from federally assisted housing; and
(3) Any other information or technical assistance the
department determines will further the purposes of this chapter. [2000 c 255 § 7.]
59.28.130
59.28.130 Eviction of tenant—Restriction. An owner
of federally assisted housing who prepays the mortgage or
loan or whose rental assistance contract expires and who continues to operate the property as residential housing within
the scope of this chapter shall not evict a tenant residing in the
dwelling unit when the mortgage or loan is prepaid or the
rental assistance contract expires, except as authorized by the
federal assistance program applicable to the project prior to
prepayment of the mortgage or loan, or expiration of the
rental assistance contract. [2000 c 255 § 8.]
59.28.900
59.28.900 Severability—1989 c 188. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 188 § 12.]
59.28.901
59.28.901 Severability—2000 c 255. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2000 c 255 § 10.]
59.28.902
59.28.902 Effective date—2000 c 255. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[March 31, 2000]. [2000 c 255 § 11.]
[Title 59 RCW—page 54]
(2006 Ed.)
Title 60
Title 60
LIENS
Chapters
60.04
Mechanics’ and materialmen’s liens.
60.08
Chattel liens.
60.10
Personal property liens—Summary foreclosure.
60.11
Crop liens.
60.13
Processor and preparer liens for agricultural
products.
60.16
Labor liens on orchards and orchard lands.
60.24
Lien for labor and services on timber and lumber.
60.28
Lien for labor, materials, taxes on public
works.
60.32
Labor liens on franchises, earnings, and property of certain companies.
60.34
Lien of restaurant, hotel, tavern, etc., employees.
60.36
Lien on vessels and equipment.
60.40
Lien for attorney’s fees.
60.42
Commercial real estate broker lien act.
60.44
Lien of doctors, nurses, hospitals, ambulance
services.
60.45
Lien of department of social and health services for medical care furnished injured
recipient.
60.52
Lien for services of sires.
60.56
Agister and trainer liens.
60.60
Lien for transportation, storage, advancements, etc.
60.64
Lien of hotels, lodging and boarding houses—
1915 act.
60.66
Lien of hotels, lodging and boarding houses—
1890 act.
60.68
Uniform federal lien registration act.
60.70
Limitations on nonconsensual common law
liens.
60.72
Landlord’s lien for rent.
60.76
Lien of employees for contributions to benefit
plans.
60.80
Lien for unrecorded utility charges.
60.84
Lien on dies, molds, forms, and patterns.
Assignment of accounts receivable, priority as to liens: Article 62A.9A
RCW.
Conditional sales contracts, priorities as to liens: Article 62A.9A RCW.
Employee benefit plans: Chapter 49.64 RCW.
Frauds and swindles—Encumbered, leased or rented personal property:
RCW 9.45.060.
Labor claims paramount to claims by state agencies: RCW 49.56.040.
Liens
agriculture
dairy products commission, lien for assessments: RCW 15.44.090.
disinfecting and destroying products, lien for, foreclosure: RCW
15.08.090 through 15.08.160.
cities and towns
cities of first class, cost of filling cesspools, etc., lien for: RCW
35.22.320.
elevated roadways, tunnels, etc., assessment liens: RCW 35.85.030.
(2006 Ed.)
local improvement liens, validity, enforcement, priority, etc.: Chapter
35.50 RCW, RCW 35.49.130 through 35.49.160, 35.55.090,
35.56.100.
sanitary fills, lien for expense of: RCW 35.73.050.
sewerage system liens: RCW 35.67.200 through 35.67.290.
sidewalk lien: RCW 35.68.070, 35.69.030, 35.70.090.
solid waste or recyclable materials collection, lien for: RCW 35.21.130
through 35.21.150, 35.22.320.
utility services, lien for: RCW 35.21.290, 35.21.300.
counties, tax liens, priority, foreclosure, etc.: RCW 35.49.130 through
35.49.160.
dead body, holding for lien, penalty: RCW 68.50.120.
diking, drainage, and sewerage improvement districts, assessment lien:
RCW 85.08.430, 85.08.490.
diking and drainage districts, intercounty, assessment lien: RCW
85.24.150.
enforcement of
holders right to redeem from execution sale: RCW 6.23.010, 6.23.080.
homestead, subject to liens: RCW 6.13.080.
state a party: RCW 4.92.010.
filing and recording of liens
duties of county auditor: Chapter 65.04 RCW.
mortgage liens: Chapter 65.08 RCW.
flood control districts, assessment lien: RCW 86.09.490, 86.09.493,
86.09.505.
forest protection: Chapter 76.04 RCW.
irrigation district bonds, lien to pay indebtedness: RCW 87.03.215,
87.28.030.
judgments
cessation of: RCW 4.64.100.
lien on real estate to satisfy: RCW 4.56.190 through 4.56.210.
real property subject to execution held jointly, judgment is a lien: RCW
6.17.170.
local improvement special assessment liens, action to foreclose: RCW
4.16.030.
metropolitan park districts, assessment liens: RCW 35.61.240.
negotiable instruments, when lienor is holder for value: Articles 62A.1,
62A.3, 62A.4 RCW.
partition suits, impleading, adjusting, of lien creditors: RCW 7.52.030,
7.52.150.
reclamation districts, assessment liens: Chapter 89.30 RCW, RCW
89.30.718.
removal or destruction of property subject to lien, penalty: RCW
9.45.060, 61.12.030.
river and harbor improvements, assessment lien: RCW 88.32.100.
road improvement districts, assessment lien: RCW 36.88.120.
seller’s lien: RCW 62A.2-609, 62A.2-702(1), 62A.7-502.
taxation
motor vehicle fuel tax lien: RCW 82.36.110.
property tax liens: Chapter 84.60 RCW.
real property taxes, payment by lienholder permitted: RCW 84.56.330.
tax liens, enforcement: RCW 82.32.210, 82.32.220, 82.32.240.
toll bridges, lien of bonds on revenue: RCW 47.56.240.
unemployment compensation, lien of contributions: RCW 50.24.050,
50.24.060.
water rights
artesian wells, lien for capping: RCW 90.36.040.
partnership ditches, lien for labor: RCW 90.03.450.
workers’ compensation, lien for payments due: RCW 51.16.160,
51.16.170.
Real estate mortgages: Chapter 61.12 RCW.
Registration of land titles (Torrens Act): Chapter 65.12 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Secured transactions: Article 62A.9A RCW.
Wages and labor claims, preference of: Chapter 49.56 RCW.
[Title 60 RCW—page 1]
Chapter 60.04
Title 60 RCW: Liens
Chapter 60.04 RCW
MECHANICS’ AND MATERIALMEN’S LIENS
Chapter 60.04
Sections
60.04.011
60.04.021
60.04.031
60.04.035
60.04.041
60.04.051
60.04.061
60.04.071
60.04.081
60.04.091
60.04.101
60.04.111
60.04.121
60.04.131
60.04.141
60.04.151
60.04.161
60.04.171
60.04.181
60.04.190
60.04.191
60.04.201
60.04.211
60.04.221
60.04.226
60.04.230
60.04.250
60.04.255
60.04.261
60.04.900
60.04.901
60.04.902
60.04.903
60.04.904
Definitions.
Lien authorized.
Notices—Exceptions.
Acts of coercion—Application of chapter 19.86 RCW.
Contractor registration.
Property subject to lien.
Priority of lien.
Release of lien rights.
Frivolous claim—Procedure.
Recording—Time—Contents of lien.
Separate residential units—Time for filing.
Recording—Fees.
Lien—Assignment.
Claims—Designation of amount due.
Lien—Duration—Procedural limitations.
Rights of owner—Recovery options.
Bond in lieu of claim.
Foreclosure—Parties.
Rank of lien—Application of proceeds—Attorneys’ fees.
Destruction or concealment of property—Removal from premises—Penalty.
Effect of note—Personal action preserved.
Material exempt from process—Exception.
Lien—Effect on community interest.
Notice to lender—Withholding of funds.
Financial encumbrances—Priorities.
Construction projects—Notice to be posted by prime contractor—Penalty.
Informational materials on construction lien laws—Master
documents.
Informational materials on construction lien laws—Copies—
Liability.
Availability of information.
Liberal construction—1991 c 281.
Captions not law—1991 c 281.
Effective date, application—1991 c 281.
Effective date—1992 c 126.
Application of chapter 281, Laws of 1991, to actions pending
as of June 1, 1992—1993 c 357.
Crop lien for furnishing work or labor: RCW 60.11.040.
60.04.011
60.04.011 Definitions. Unless the context requires otherwise, the definitions in this section apply throughout this
chapter.
(1) "Construction agent" means any registered or
licensed contractor, registered or licensed subcontractor,
architect, engineer, or other person having charge of any
improvement to real property, who shall be deemed the agent
of the owner for the limited purpose of establishing the lien
created by this chapter.
(2) "Contract price" means the amount agreed upon by
the contracting parties, or if no amount is agreed upon, then
the customary and reasonable charge therefor.
(3) "Draws" means periodic disbursements of interim or
construction financing by a lender.
(4) "Furnishing labor, professional services, materials, or
equipment" means the performance of any labor or professional services, the contribution owed to any employee benefit plan on account of any labor, the provision of any supplies
or materials, and the renting, leasing, or otherwise supplying
of equipment for the improvement of real property.
(5) "Improvement" means: (a) Constructing, altering,
repairing, remodeling, demolishing, clearing, grading, or filling in, of, to, or upon any real property or street or road in
front of or adjoining the same; (b) planting of trees, vines,
shrubs, plants, hedges, or lawns, or providing other landscaping materials on any real property; and (c) providing profes[Title 60 RCW—page 2]
sional services upon real property or in preparation for or in
conjunction with the intended activities in (a) or (b) of this
subsection.
(6) "Interim or construction financing" means that portion of money secured by a mortgage, deed of trust, or other
encumbrance to finance improvement of, or to real property,
but does not include:
(a) Funds to acquire real property;
(b) Funds to pay interest, insurance premiums, lease
deposits, taxes, assessments, or prior encumbrances;
(c) Funds to pay loan, commitment, title, legal, closing,
recording, or appraisal fees;
(d) Funds to pay other customary fees, which pursuant to
agreement with the owner or borrower are to be paid by the
lender from time to time;
(e) Funds to acquire personal property for which the
potential lien claimant may not claim a lien pursuant to this
chapter.
(7) "Labor" means exertion of the powers of body or
mind performed at the site for compensation. "Labor"
includes amounts due and owed to any employee benefit plan
on account of such labor performed.
(8) "Mortgagee" means a person who has a valid mortgage of record or deed of trust of record securing a loan.
(9) "Owner-occupied" means a single-family residence
occupied by the owner as his or her principal residence.
(10) "Payment bond" means a surety bond issued by a
surety licensed to issue surety bonds in the state of Washington that confers upon potential claimants the rights of third
party beneficiaries.
(11) "Potential lien claimant" means any person or entity
entitled to assert lien rights under this chapter who has otherwise complied with the provisions of this chapter and is registered or licensed if required to be licensed or registered by
the provisions of the laws of the state of Washington.
(12) "Prime contractor" includes all contractors, general
contractors, and specialty contractors, as defined by chapter
18.27 or 19.28 RCW, or who are otherwise required to be
registered or licensed by law, who contract directly with a
property owner or their common law agent to assume primary responsibility for the creation of an improvement to real
property, and includes property owners or their common law
agents who are contractors, general contractors, or specialty
contractors as defined in chapter 18.27 or 19.28 RCW, or
who are otherwise required to be registered or licensed by
law, who offer to sell their property without occupying or
using the structures, projects, developments, or improvements for more than one year.
(13) "Professional services" means surveying, establishing or marking the boundaries of, preparing maps, plans, or
specifications for, or inspecting, testing, or otherwise performing any other architectural or engineering services for
the improvement of real property.
(14) "Real property lender" means a bank, savings bank,
savings and loan association, credit union, mortgage company, or other corporation, association, partnership, trust, or
individual that makes loans secured by real property located
in the state of Washington.
(15) "Site" means the real property which is or is to be
improved.
(2006 Ed.)
Mechanics’ and Materialmen’s Liens
(16) "Subcontractor" means a general contractor or specialty contractor as defined by chapter 18.27 or 19.28 RCW,
or who is otherwise required to be registered or licensed by
law, who contracts for the improvement of real property with
someone other than the owner of the property or their common law agent. [1992 c 126 § 1; 1991 c 281 § 1.]
60.04.021
60.04.021 Lien authorized. Except as provided in
RCW 60.04.031, any person furnishing labor, professional
services, materials, or equipment for the improvement of real
property shall have a lien upon the improvement for the contract price of labor, professional services, materials, or equipment furnished at the instance of the owner, or the agent or
construction agent of the owner. [1991 c 281 § 2.]
60.04.031
60.04.031 Notices—Exceptions. (1) Except as otherwise provided in this section, every person furnishing professional services, materials, or equipment for the improvement
of real property shall give the owner or reputed owner notice
in writing of the right to claim a lien. If the prime contractor
is in compliance with the requirements of RCW 19.27.095,
60.04.230, and 60.04.261, this notice shall also be given to
the prime contractor as described in this subsection unless the
potential lien claimant has contracted directly with the prime
contractor. The notice may be given at any time but only protects the right to claim a lien for professional services, materials, or equipment supplied after the date which is sixty days
before:
(a) Mailing the notice by certified or registered mail to
the owner or reputed owner; or
(b) Delivering or serving the notice personally upon the
owner or reputed owner and obtaining evidence of delivery in
the form of a receipt or other acknowledgement signed by the
owner or reputed owner or an affidavit of service.
In the case of new construction of a single-family residence, the notice of a right to claim a lien may be given at any
time but only protects the right to claim a lien for professional
services, materials, or equipment supplied after a date which
is ten days before the notice is given as described in this subsection.
(2) Notices of a right to claim a lien shall not be required
of:
(a) Persons who contract directly with the owner or the
owner’s common law agent;
(b) Laborers whose claim of lien is based solely on performing labor; or
(c) Subcontractors who contract for the improvement of
real property directly with the prime contractor, except as
provided in subsection (3)(b) of this section.
(3) Persons who furnish professional services, materials,
or equipment in connection with the repair, alteration, or
remodel of an existing owner-occupied single-family residence or appurtenant garage:
(a) Who contract directly with the owner-occupier or
their common law agent shall not be required to send a written notice of the right to claim a lien and shall have a lien for
the full amount due under their contract, as provided in RCW
60.04.021; or
(b) Who do not contract directly with the owner-occupier
or their common law agent shall give notice of the right to
(2006 Ed.)
60.04.031
claim a lien to the owner-occupier. Liens of persons furnishing professional services, materials, or equipment who do not
contract directly with the owner-occupier or their common
law agent may only be satisfied from amounts not yet paid to
the prime contractor by the owner at the time the notice
described in this section is received, regardless of whether
amounts not yet paid to the prime contractor are due. For the
purposes of this subsection "received" means actual receipt
of notice by personal service, or registered or certified mail,
or three days after mailing by registered or certified mail,
excluding Saturdays, Sundays, or legal holidays.
(4) The notice of right to claim a lien described in subsection (1) of this section, shall include but not be limited to
the following information and shall substantially be in the
following form, using lower-case and upper-case ten-point
type where appropriate.
NOTICE TO OWNER
IMPORTANT: READ BOTH SIDES OF THIS NOTICE
CAREFULLY.
PROTECT YOURSELF FROM PAYING TWICE
To: . . . . . . . . . . . . . . . . . . . . . .Date: . . . . . . . . . . . . . . . . . .
Re:
(description of property: Street address or general
location.)
From: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AT THE REQUEST OF: (Name of person ordering the
professional services, materials, or equipment)
THIS IS NOT A LIEN: This notice is sent to you to tell you
who is providing professional services, materials, or equipment for the improvement of your property and to advise you
of the rights of these persons and your responsibilities. Also
take note that laborers on your project may claim a lien without sending you a notice.
OWNER/OCCUPIER OF EXISTING
RESIDENTIAL PROPERTY
Under Washington law, those who furnish labor, professional
services, materials, or equipment for the repair, remodel, or
alteration of your owner-occupied principal residence and
who are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien.
The law limits the amount that a lien claimant can claim
against your property. Claims may only be made against that
portion of the contract price you have not yet paid to your
prime contractor as of the time this notice was given to you or
three days after this notice was mailed to you. Review the
back of this notice for more information and ways to avoid
lien claims.
COMMERCIAL AND/OR NEW
RESIDENTIAL PROPERTY
We have or will be providing professional services, materials, or equipment for the improvement of your commercial or
new residential project. In the event you or your contractor
fail to pay us, we may file a lien against your property. A lien
may be claimed for all professional services, materials, or
[Title 60 RCW—page 3]
60.04.035
Title 60 RCW: Liens
Brief description of professional services, materials, or
equipment provided or to be provided: . . . . . . . . . . . . . . . .
owner or reputed owner’s name, and the general nature of the
professional services provided. If such notice is not recorded,
the lien claimed shall be subordinate to the interest of any
subsequent mortgagee and invalid as to the interest of any
subsequent purchaser if the mortgagee or purchaser acts in
good faith and for a valuable consideration acquires an interest in the property prior to the commencement of an improvement as defined in RCW 60.04.011(5) (a) or (b) without
notice of the professional services being provided. The notice
described in this subsection shall be substantially in the following form:
IMPORTANT INFORMATION
ON REVERSE SIDE
NOTICE OF FURNISHING
PROFESSIONAL SERVICES
equipment furnished after a date that is sixty days before this
notice was given to you or mailed to you, unless the improvement to your property is the construction of a new singlefamily residence, then ten days before this notice was given
to you or mailed to you.
Sender: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
IMPORTANT INFORMATION
FOR YOUR PROTECTION
This notice is sent to inform you that we have or will provide
professional services, materials, or equipment for the
improvement of your property. We expect to be paid by the
person who ordered our services, but if we are not paid, we
have the right to enforce our claim by filing a construction
lien against your property.
LEARN more about the lien laws and the meaning of this
notice by discussing them with your contractor, suppliers,
Department of Labor and Industries, the firm sending you
this notice, your lender, or your attorney.
That on the (day) day of (month and year) ,
(name of provider) began providing professional services
upon or for the improvement of real property legally
described as follows:
[Legal Description
is mandatory]
is
The general nature of the professional services provided
.............................................
The owner or reputed owner of the real property is . . . . . . .
................................................
COMMON METHODS TO AVOID CONSTRUCTION
LIENS: There are several methods available to protect your
property from construction liens. The following are two of
the more commonly used methods.
.....................
(Signature)
.....................
(Name of Claimant)
DUAL PAYCHECKS (Joint Checks): When paying your contractor for services or materials, you
may make checks payable jointly to the contractor
and the firms furnishing you this notice.
LIEN RELEASES: You may require your contractor to provide lien releases signed by all the suppliers and subcontractors from whom you have
received this notice. If they cannot obtain lien
releases because you have not paid them, you may
use the dual payee check method to protect yourself.
YOU SHOULD TAKE APPROPRIATE STEPS TO PROTECT YOUR PROPERTY FROM LIENS.
YOUR PRIME CONTRACTOR AND YOUR CONSTRUCTION LENDER ARE REQUIRED BY LAW TO GIVE
YOU WRITTEN INFORMATION ABOUT LIEN
CLAIMS. IF YOU HAVE NOT RECEIVED IT, ASK
THEM FOR IT.
*************
(5) Every potential lien claimant providing professional
services where no improvement as defined in RCW
60.04.011(5) (a) or (b) has been commenced, and the professional services provided are not visible from an inspection of
the real property may record in the real property records of
the county where the property is located a notice which shall
contain the professional service provider’s name, address,
telephone number, legal description of the property, the
[Title 60 RCW—page 4]
.....................
(Street Address)
.....................
(City, State, Zip Code)
.....................
(Phone Number)
(6) A lien authorized by this chapter shall not be
enforced unless the lien claimant has complied with the
applicable provisions of this section. [1992 c 126 § 2; 1991 c
281 § 3.]
60.04.035
60.04.035 Acts of coercion—Application of chapter
19.86 RCW. The legislature finds that acts of coercion or
attempted coercion, including threats to withhold future contracts, made by a contractor or developer to discourage a contractor, subcontractor, or material or equipment supplier from
giving an owner the notice of right to claim a lien required by
RCW 60.04.031, or from filing a claim of lien under this
chapter are matters vitally affecting the public interest for the
purpose of applying the consumer protection act, chapter
19.86 RCW. These acts of coercion are not reasonable in
relation to the development and preservation of business.
These acts of coercion shall constitute an unfair or deceptive
act or practice in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW. [1992
c 126 § 3.]
(2006 Ed.)
Mechanics’ and Materialmen’s Liens
60.04.041
60.04.041 Contractor registration. A contractor or
subcontractor required to be registered under chapter 18.27
RCW or licensed under chapter 19.28 RCW, or otherwise
required to be registered or licensed by law, shall be deemed
the construction agent of the owner for the purposes of establishing the lien created by this chapter only if so registered or
licensed. Persons dealing with contractors or subcontractors
may rely, for the purposes of this section, upon a certificate of
registration issued pursuant to chapter 18.27 RCW or license
issued pursuant to chapter 19.28 RCW, or other certificate or
license issued pursuant to law, covering the period when the
labor, professional services, material, or equipment shall be
furnished, and the lien rights shall not be lost by suspension
or revocation of registration or license without their knowledge. No lien rights described in this chapter shall be lost or
denied by virtue of the absence, suspension, or revocation of
such registration or license with respect to any contractor or
subcontractor not in immediate contractual privity with the
lien claimant. [1992 c 126 § 4; 1991 c 281 § 4.]
60.04.051
60.04.051 Property subject to lien. The lot, tract, or
parcel of land which is improved is subject to a lien to the
extent of the interest of the owner at whose instance, directly
or through a common law or construction agent the labor,
professional services, equipment, or materials were furnished, as the court deems appropriate for satisfaction of the
lien. If, for any reason, the title or interest in the land upon
which the improvement is situated cannot be subjected to the
lien, the court in order to satisfy the lien may order the sale
and removal of the improvement from the land which is subject to the lien. [1992 c 126 § 5; 1991 c 281 § 5.]
60.04.061
60.04.061 Priority of lien. The claim of lien created by
this chapter upon any lot or parcel of land shall be prior to any
lien, mortgage, deed of trust, or other encumbrance which
attached to the land after or was unrecorded at the time of
commencement of labor or professional services or first
delivery of materials or equipment by the lien claimant.
[1991 c 281 § 6.]
60.04.071
60.04.071 Release of lien rights. Upon payment and
acceptance of the amount due to the lien claimant and upon
demand of the owner or the person making payment, the lien
claimant shall immediately prepare and execute a release of
all lien rights for which payment has been made, and deliver
the release to the person making payment. In any suit to compel deliverance of the release thereafter in which the court
determines the delay was unjustified, the court shall, in addition to ordering the deliverance of the release, award the costs
of the action including reasonable attorneys’ fees and any
damages. [1991 c 281 § 7.]
60.04.081
60.04.081 Frivolous claim—Procedure. (1) Any
owner of real property subject to a recorded claim of lien
under this chapter, or contractor, subcontractor, lender, or
lien claimant who believes the claim of lien to be frivolous
and made without reasonable cause, or clearly excessive may
apply by motion to the superior court for the county where
the property, or some part thereof is located, for an order
directing the lien claimant to appear before the court at a time
(2006 Ed.)
60.04.091
no earlier than six nor later than fifteen days following the
date of service of the application and order on the lien claimant, and show cause, if any he or she has, why the relief
requested should not be granted. The motion shall state the
grounds upon which relief is asked, and shall be supported by
the affidavit of the applicant or his or her attorney setting
forth a concise statement of the facts upon which the motion
is based.
(2) The order shall clearly state that if the lien claimant
fails to appear at the time and place noted the lien shall be
released, with prejudice, and that the lien claimant shall be
ordered to pay the costs requested by the applicant including
reasonable attorneys’ fees.
(3) If no action to foreclose the lien claim has been filed,
the clerk of the court shall assign a cause number to the application and obtain from the applicant a filing fee pursuant to
RCW 36.18.016. If an action has been filed to foreclose the
lien claim, the application shall be made a part of that action.
(4) If, following a hearing on the matter, the court determines that the lien is frivolous and made without reasonable
cause, or clearly excessive, the court shall issue an order
releasing the lien if frivolous and made without reasonable
cause, or reducing the lien if clearly excessive, and awarding
costs and reasonable attorneys’ fees to the applicant to be
paid by the lien claimant. If the court determines that the lien
is not frivolous and was made with reasonable cause, and is
not clearly excessive, the court shall issue an order so stating
and awarding costs and reasonable attorneys’ fees to the lien
claimant to be paid by the applicant.
(5) Proceedings under this section shall not affect other
rights and remedies available to the parties under this chapter
or otherwise. [2006 c 192 § 3; 1992 c 126 § 6; 1991 c 281 §
8.]
60.04.091 Recording—Time—Contents of lien.
Every person claiming a lien under RCW 60.04.021 shall file
for recording, in the county where the subject property is
located, a notice of claim of lien not later than ninety days
after the person has ceased to furnish labor, professional services, materials, or equipment or the last date on which
employee benefit contributions were due. The notice of
claim of lien:
(1) Shall state in substance and effect:
(a) The name, phone number, and address of the claimant;
(b) The first and last date on which the labor, professional services, materials, or equipment was furnished or
employee benefit contributions were due;
(c) The name of the person indebted to the claimant;
(d) The street address, legal description, or other description reasonably calculated to identify, for a person familiar
with the area, the location of the real property to be charged
with the lien;
(e) The name of the owner or reputed owner of the property, if known, and, if not known, that fact shall be stated; and
(f) The principal amount for which the lien is claimed.
(2) Shall be signed by the claimant or some person
authorized to act on his or her behalf who shall affirmatively
state they have read the notice of claim of lien and believe the
notice of claim of lien to be true and correct under penalty of
perjury, and shall be acknowledged pursuant to chapter 64.08
60.04.091
[Title 60 RCW—page 5]
60.04.101
Title 60 RCW: Liens
RCW. If the lien has been assigned, the name of the assignee
shall be stated. Where an action to foreclose the lien has been
commenced such notice of claim of lien may be amended as
pleadings may be by order of the court insofar as the interests
of third parties are not adversely affected by such amendment. A claim of lien substantially in the following form
shall be sufficient:
. . . . . . . ., being sworn, says: I am the claimant (or attorney
of the claimant, or administrator, representative, or agent of
the trustees of an employee benefit plan) above named; I have
read or heard the foregoing claim, read and know the contents
thereof, and believe the same to be true and correct and that
the claim of lien is not frivolous and is made with reasonable
cause, and is not clearly excessive under penalty of perjury.
CLAIM OF LIEN
....................
. . . . . ., claimant, vs . . . . . ., name of person
indebted to claimant:
Subscribed and sworn to before me this . . . . day of
......
Notice is hereby given that the person named below
claims a lien pursuant to *chapter 64.04 RCW. In
support of this lien the following information is submitted:
....................
1. NAME OF LIEN CLAIMANT: . . . . . . . .
TELEPHONE NUMBER: . . . . . . . . . . . . .
ADDRESS: . . . . . . . . . . . . . . . . . . . . . . . . .
2. DATE ON WHICH THE CLAIMANT
BEGAN TO PERFORM LABOR, PROVIDE PROFESSIONAL SERVICES, SUPPLY MATERIAL
OR EQUIPMENT OR THE DATE ON WHICH
EMPLOYEE B ENEFIT CONTRIBUTIONS
BECAME DUE: . . . . . . . . . . . . . . . . . . . . . . . . . .
3. NAME OF PERSON INDEBTED TO THE
CLAIMANT:
.........................................
4. DESCRIPTION OF THE PROPERTY
AGAINST WHICH A LIEN IS CLAIMED (Street
address, legal description or other information that
will reasonably describe the property): . . . . . . . . .
.........................................
.........................................
.........................................
5. NAME OF THE OWNER OR REPUTED
OWNER (If not known state "unknown"): . . . . . .
The period provided for recording the claim of lien is a
period of limitation and no action to foreclose a lien shall be
maintained unless the claim of lien is filed for recording
within the ninety-day period stated. The lien claimant shall
give a copy of the claim of lien to the owner or reputed owner
by mailing it by certified or registered mail or by personal
service within fourteen days of the time the claim of lien is
filed for recording. Failure to do so results in a forfeiture of
any right the claimant may have to attorneys’ fees and costs
against the owner under RCW 60.04.181. [1992 c 126 § 7;
1991 c 281 § 9.]
*Reviser’s note: The reference to chapter 64.04 RCW appears to be
erroneous. Reference to chapter 60.04 RCW was apparently intended.
60.04.101
60.04.101 Separate residential units—Time for filing. When furnishing labor, professional services, materials,
or equipment for the construction of two or more separate
residential units, the time for filing claims of lien against each
separate residential unit shall commence to run upon the cessation of the furnishing of labor, professional services, materials, or equipment on each residential unit, as provided in
this chapter. For the purposes of this section a separate residential unit is defined as consisting of one residential structure together with any garages or other outbuildings appurtenant thereto. [1991 c 281 § 10.]
60.04.111
6. THE LAST DATE ON WHICH LABOR
WAS PERFORMED; PROFESSIONAL SERVICES WERE FURNISHED; CONTRIBUTIONS
TO AN EMPLOYEE BENEFIT PLAN WERE
DUE; OR MATERIAL, OR EQUIPMENT WAS
FURNISHED: . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.........................................
7. PRINCIPAL AMOUNT FOR WHICH THE
LIEN IS CLAIMED IS: . . . . . . . . . . . . . . . . . . . .
8. IF THE CLAIMANT IS THE ASSIGNEE
OF THIS CLAIM SO STATE HERE: . . . . . . . . .
.........................................
. . . . . . . . . . . . . . . . . . . , Claimant
...........................
...........................
(Phone number, address, city, and
state of claimant)
STATE OF WASHINGTON, COUNTY OF
. . . . . . . ., ss.
[Title 60 RCW—page 6]
60.04.111 Recording—Fees. The county auditor shall
record the notice of claim of lien in the same manner as deeds
and other instruments of title are recorded under chapter
65.08 RCW. Notices of claim of lien for registered land need
not be recorded in the Torrens register. The county auditor
shall charge no higher fee for recording notices of claim of
lien than other documents. [1991 c 281 § 11.]
60.04.121
60.04.121 Lien—Assignment. Any lien or right of lien
created by this chapter and the right of action to recover
therefor, shall be assignable so as to vest in the assignee all
rights and remedies of the assignor, subject to all defenses
thereto that might be made. [1991 c 281 § 12.]
60.04.131
60.04.131 Claims—Designation of amount due. In
every case in which the notice of claim of lien is recorded
against two or more separate pieces of property owned by the
same person or owned by two or more persons jointly or otherwise, who contracted for the labor, professional services,
material, or equipment for which the notice of claim of lien is
recorded, the person recording the notice of claim of lien
(2006 Ed.)
Mechanics’ and Materialmen’s Liens
shall designate in the notice of claim of lien the amount due
on each piece of property, otherwise the lien is subordinated
to other liens that may be established under this chapter. The
lien of such claim does not extend beyond the amount designated as against other creditors having liens upon any of such
pieces of property. [1991 c 281 § 13.]
60.04.141
60.04.141 Lien—Duration—Procedural limitations.
No lien created by this chapter binds the property subject to
the lien for a longer period than eight calendar months after
the claim of lien has been recorded unless an action is filed by
the lien claimant within that time in the superior court in the
county where the subject property is located to enforce the
lien, and service is made upon the owner of the subject property within ninety days of the date of filing the action; or, if
credit is given and the terms thereof are stated in the claim of
lien, then eight calendar months after the expiration of such
credit; and in case the action is not prosecuted to judgment
within two years after the commencement thereof, the court,
in its discretion, may dismiss the action for want of prosecution, and the dismissal of the action or a judgment rendered
thereon that no lien exists shall constitute a cancellation of
the lien. This is a period of limitation, which shall be tolled by
the filing of any petition seeking protection under Title
Eleven, United States Code by an owner of any property subject to the lien established by this chapter. [1992 c 126 § 8;
1991 c 281 § 14.]
60.04.151
60.04.151 Rights of owner—Recovery options. The
lien claimant shall be entitled to recover upon the claim
recorded the contract price after deducting all claims of other
lien claimants to whom the claimant is liable, for furnishing
labor, professional services, materials, or equipment; and in
all cases where a claim of lien shall be recorded under this
chapter for labor, professional services, materials, or equipment supplied to any lien claimant, he or she shall defend any
action brought thereupon at his or her own expense. During
the pendency of the action, the owner may withhold from the
prime contractor the amount of money for which a claim is
recorded by any subcontractor, supplier, or laborer. In case of
judgment against the owner or the owner’s property, upon the
lien, the owner shall be entitled to deduct from sums due to
the prime contractor the principal amount of the judgment
from any amount due or to become due from the owner to the
prime contractor plus such costs, including interest and attorneys’ fees, as the court deems just and equitable, and the
owner shall be entitled to recover back from the prime contractor the amount for which a lien or liens are established in
excess of any sum that may remain due from the owner to the
prime contractor. [1992 c 126 § 9; 1991 c 281 § 15.]
60.04.161
60.04.161 Bond in lieu of claim. Any owner of real
property subject to a recorded claim of lien under this chapter, or contractor, subcontractor, lender, or lien claimant who
disputes the correctness or validity of the claim of lien may
record, either before or after the commencement of an action
to enforce the lien, in the office of the county recorder or
auditor in the county where the claim of lien was recorded, a
bond issued by a surety company authorized to issue surety
bonds in the state. The surety shall be listed in the latest fed(2006 Ed.)
60.04.171
eral department of the treasury list of surety companies
acceptable on federal bonds, published in the Federal Register, as authorized to issue bonds on United States government
projects with an underwriting limitation, including applicable
reinsurance, equal to or greater than the amount of the bond
to be recorded. The bond shall contain a description of the
claim of lien and real property involved, and be in an amount
equal to the greater of five thousand dollars or two times the
amount of the lien claimed if it is ten thousand dollars or less,
and in an amount equal to or greater than one and one-half
times the amount of the lien if it is in excess of ten thousand
dollars. If the claim of lien affects more than one parcel of
real property and is segregated to each parcel, the bond may
be segregated the same as in the claim of lien. A separate
bond shall be required for each claim of lien made by separate claimants. However, a single bond may be used to guarantee payment of amounts claimed by more than one claim of
lien by a single claimant so long as the amount of the bond
meets the requirements of this section as applied to the aggregate sum of all claims by such claimant. The condition of the
bond shall be to guarantee payment of any judgment upon the
lien in favor of the lien claimant entered in any action to
recover the amount claimed in a claim of lien, or on the claim
asserted in the claim of lien. The effect of recording a bond
shall be to release the real property described in the notice of
claim of lien from the lien and any action brought to recover
the amount claimed. Unless otherwise prohibited by law, if
no action is commenced to recover on a lien within the time
specified in RCW 60.04.141, the surety shall be discharged
from liability under the bond. If an action is timely commenced, then on payment of any judgment entered in the
action or on payment of the full amount of the bond to the
holder of the judgment, whichever is less, the surety shall be
discharged from liability under the bond.
Nothing in this section shall in any way prohibit or limit
the use of other methods, devised by the affected parties to
secure the obligation underlying a claim of lien and to obtain
a release of real property from a claim of lien. [1992 c 126 §
10; 1991 c 281 § 16.]
60.04.171
60.04.171 Foreclosure—Parties. The lien provided by
this chapter, for which claims of lien have been recorded,
may be foreclosed and enforced by a civil action in the court
having jurisdiction in the manner prescribed for the judicial
foreclosure of a mortgage. The court shall have the power to
order the sale of the property. In any action brought to foreclose a lien, the owner shall be joined as a party. The interest
in the real property of any person who, prior to the commencement of the action, has a recorded interest in the property, or any part thereof, shall not be foreclosed or affected
unless they are joined as a party.
A person shall not begin an action to foreclose a lien
upon any property while a prior action begun to foreclose
another lien on the same property is pending, but if not made
a party plaintiff or defendant to the prior action, he or she
may apply to the court to be joined as a party thereto, and his
or her lien may be foreclosed in the same action. The filing of
such application shall toll the running of the period of limitation established by RCW 60.04.141 until disposition of the
application or other time set by the court. The court shall
grant the application for joinder unless to do so would create
[Title 60 RCW—page 7]
60.04.181
Title 60 RCW: Liens
an undue delay or cause hardship which cannot be cured by
the imposition of costs or other conditions as the court deems
just. If a lien foreclosure action is filed during the pendency
of another such action, the court may, on its own motion or
the motion of any party, consolidate actions upon such terms
and conditions as the court deems just, unless to do so would
create an undue delay or cause hardship which cannot be
cured by the imposition of costs or other conditions. If consolidation of actions is not permissible under this section, the
lien foreclosure action filed during the pendency of another
such action shall not be dismissed if the filing was the result
of mistake, inadvertence, surprise, excusable neglect, or
irregularity. An action to foreclose a lien shall not be dismissed at the instance of a plaintiff therein to the prejudice of
another party to the suit who claims a lien. [1992 c 126 § 11;
1991 c 281 § 17.]
60.04.190
60.04.190 Destruction or concealment of property—
Removal from premises—Penalty. See RCW 61.12.030,
9.45.060.
60.04.191
60.04.191 Effect of note—Personal action preserved.
The taking of a promissory note or other evidence of indebtedness for any labor, professional services, material, or
equipment furnished for which a lien is created by this chapter does not discharge the lien therefor, unless expressly
received as payment and so specified therein.
Nothing in this chapter shall be construed to impair or
affect the right of any person to whom any debt may be due
for the furnishing of labor, professional services, material, or
equipment to maintain a personal action to recover the debt
against any person liable therefor. [1991 c 281 § 19.]
60.04.201
60.04.181
60.04.181 Rank of lien—Application of proceeds—
Attorneys’ fees. (1) In every case in which different construction liens are claimed against the same property, the
court shall declare the rank of such lien or class of liens,
which liens shall be in the following order:
(a) Liens for the performance of labor;
(b) Liens for contributions owed to employee benefit
plans;
(c) Liens for furnishing material, supplies, or equipment;
(d) Liens for subcontractors, including but not limited to
their labor and materials; and
(e) Liens for prime contractors, or for professional services.
(2) The proceeds of the sale of property must be applied
to each lien or class of liens in order of its rank and, in an
action brought to foreclose a lien, pro rata among each claimant in each separate priority class. A personal judgment may
be rendered against any party personally liable for any debt
for which the lien is claimed. If the lien is established, the
judgment shall provide for the enforcement thereof upon the
property liable as in the case of foreclosure of judgment liens.
The amount realized by such enforcement of the lien shall be
credited upon the proper personal judgment. The deficiency,
if any, remaining unsatisfied, shall stand as a personal judgment, and may be collected by execution against any party
liable therefor.
(3) The court may allow the prevailing party in the
action, whether plaintiff or defendant, as part of the costs of
the action, the moneys paid for recording the claim of lien,
costs of title report, bond costs, and attorneys’ fees and necessary expenses incurred by the attorney in the superior court,
court of appeals, supreme court, or arbitration, as the court or
arbitrator deems reasonable. Such costs shall have the priority of the class of lien to which they are related, as established
by subsection (1) of this section.
(4) Real property against which a lien under this chapter
is enforced may be ordered sold by the court and the proceeds
deposited into the registry of the clerk of the court, pending
further determination respecting distribution of the proceeds
of the sale. [1992 c 126 § 12; 1991 c 281 § 18.]
[Title 60 RCW—page 8]
60.04.201 Material exempt from process—Exception. Whenever material is furnished for use in the improvement of property subject to a lien created by this chapter, the
material is not subject to attachment, execution, or other legal
process to enforce any debt due by the purchaser of the material, except a debt due for the purchase money thereof, so
long as in good faith, the material is about to be applied in the
improvement of such property. [1991 c 281 § 20.]
60.04.211
60.04.211 Lien—Effect on community interest. The
claim of lien, when filed as required by this chapter, shall be
notice to the husband or wife of the person who appears of
record to be the owner of the property sought to be charged
with the lien, and shall subject all the community interest of
both husband and wife to the lien. [1991 c 281 § 21.]
60.04.221
60.04.221 Notice to lender—Withholding of funds.
Any lender providing interim or construction financing
where there is not a payment bond of at least fifty percent of
the amount of construction financing shall observe the following procedures and the rights and liabilities of the lender
and potential lien claimant shall be affected as follows:
(1) Any potential lien claimant who has not received a
payment within five days after the date required by their contract, invoice, employee benefit plan agreement, or purchase
order may within thirty-five days of the date required for payment of the contract, invoice, employee benefit plan agreement, or purchase order, give a notice as provided in subsections (2) and (3) of this section of the sums due and to become
due, for which a potential lien claimant may claim a lien
under this chapter.
(2) The notice shall be signed by the potential lien claimant or some person authorized to act on his or her behalf.
(3) The notice shall be given in writing to the lender at
the office administering the interim or construction financing, with a copy given to the owner and appropriate prime
contractor. The notice shall be given by:
(a) Mailing the notice by certified or registered mail to
the lender, owner, and appropriate prime contractor; or
(b) Delivering or serving the notice personally and
obtaining evidence of delivery in the form of a receipt or
other acknowledgment signed by the lender, owner, and
appropriate prime contractor, or an affidavit of service.
(2006 Ed.)
Mechanics’ and Materialmen’s Liens
(4) The notice shall state in substance and effect as follows:
(a) The person, firm, trustee, or corporation filing the
notice is entitled to receive contributions to any type of
employee benefit plan or has furnished labor, professional
services, materials, or equipment for which a lien is given by
this chapter.
(b) The name of the prime contractor, common law
agent, or construction agent ordering the same.
(c) A common or street address of the real property being
improved or the legal description of the real property.
(d) The name, business address, and telephone number
of the lien claimant.
The notice to the lender may contain additional information but shall be in substantially the following form:
NOTICE TO REAL PROPERTY LENDER
(Authorized by RCW . . . . . .)
TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Name of Lender)
................................................
(Administrative Office-Street Address)
................................................
(City) (State) (Zip)
AND TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Owner)
AND TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Prime Contractor-If Different Than Owner)
................................................
(Name of Laborer, Professional,
Materials, or Equipment Supplier)
whose business address is . . . . . ., did at the property located
at . . . . . .
(Check appropriate box) ( ) perform labor ( ) furnish professional services ( ) provide materials ( ) supply equipment as
follows:
................................................
................................................
................................................
which was ordered by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Name of Person)
whose address was stated to be . . . . . . . . . . . . . . . . . . . . . . .
................................................
The amount owing to the undersigned according to contract or purchase order for labor, supplies,
or equipment (as above mentioned) is the sum of
. . . . . . Dollars ($. . . . . .). Said sums became due
and owing as of
................................................
(State Date)
.................... ,
.....................
You are hereby required to withhold from any
future draws on existing construction financing
which has been made on the subject property (to the
extent there remain undisbursed funds) the sum of
. . . . . . Dollars ($. . . . . .).
(2006 Ed.)
60.04.221
IMPORTANT
Failure to comply with the requirements of this notice may
subject the lender to a whole or partial compromise of any
priority lien interest it may have pursuant to RCW 60.04.226.
DATE:
.........................
By:
Its:
.........................
.........................
(5) After the receipt of the notice, the lender shall withhold from the next and subsequent draws the amount claimed
to be due as stated in the notice. Alternatively, the lender may
obtain from the prime contractor or borrower a payment bond
for the benefit of the potential lien claimant in an amount sufficient to cover the amount stated in the potential lien claimant’s notice. The lender shall be obligated to withhold
amounts only to the extent that sufficient interim or construction financing funds remain undisbursed as of the date the
lender receives the notice.
(6) Sums so withheld shall not be disbursed by the
lender, except by the written agreement of the potential lien
claimant, owner, and prime contractor in such form as may be
prescribed by the lender, or the order of a court of competent
jurisdiction.
(7) In the event a lender fails to abide by the provisions
of *subsections (4) and (5) of this section, then the mortgage,
deed of trust, or other encumbrance securing the lender shall
be subordinated to the lien of the potential lien claimant to the
extent of the interim or construction financing wrongfully
disbursed, but in no event more than the amount stated in the
notice plus costs as fixed by the court, including reasonable
attorneys’ fees.
(8) Any potential lien claimant shall be liable for any
loss, cost, or expense, including reasonable attorneys’ fees
and statutory costs, to a party injured thereby arising out of
any unjust, excessive, or premature notice filed under purported authority of this section. "Notice" as used in this subsection does not include notice given by a potential lien
claimant of the right to claim liens under this chapter where
no actual claim is made.
(9)(a) Any owner of real property subject to a notice to
real property lender under this section, or the contractor, subcontractor, lender, or lien claimant who believes the claim
that underlies the notice is frivolous and made without reasonable cause, or is clearly excessive may apply by motion to
the superior court for the county where the property, or some
part thereof is located, for an order commanding the potential
lien claimant who issued the notice to the real property lender
to appear before the court at a time no earlier than six nor
later than fifteen days from the date of service of the application and order on the potential lien claimant, and show cause,
if any he or she has, why the notice to real property lender
should not be declared void. The motion shall state the
grounds upon which relief is asked and shall be supported by
the affidavit of the applicant or his or her attorney setting
forth a concise statement of the facts upon which the motion
is based.
(b) The order shall clearly state that if the potential lien
claimant fails to appear at the time and place noted, the notice
to lender shall be declared void and that the potential lien
claimant issuing the notice shall be ordered to pay the costs
[Title 60 RCW—page 9]
60.04.226
Title 60 RCW: Liens
requested by the applicant including reasonable attorneys’
fees.
(c) The clerk of the court shall assign a cause number to
the application and obtain from the applicant a filing fee of
thirty-five dollars.
(d) If, following a hearing on the matter, the court determines that the claim upon which the notice to real property
lender is based is frivolous and made without reasonable
cause, or clearly excessive, the court shall issue an order
declaring the notice to real property lender void if frivolous
and made without reasonable cause, or reducing the amount
stated in the notice if clearly excessive, and awarding costs
and reasonable attorneys’ fees to the applicant to be paid by
the person who issued the notice. If the court determines that
the claim underlying the notice to real property lender is not
frivolous and was made with reasonable cause, and is not
clearly excessive, the court shall issue an order so stating and
awarding costs and reasonable attorneys’ fees to the issuer of
the notice to be paid by the applicant.
(e) Proceedings under this subsection shall not affect
other rights and remedies available to the parties under this
chapter or otherwise. [1992 c 126 § 13; 1991 c 281 § 22.]
*Reviser’s note: The reference to subsections (4) and (5) of this section
appears to be erroneous. Engrossed Senate Bill No. 6441 changed the subsection numbers. Subsections (4) and (5) are now subsections (5) and (6).
60.04.226
60.04.226 Financial encumbrances—Priorities.
Except as otherwise provided in RCW 60.04.061 or
60.04.221, any mortgage or deed of trust shall be prior to all
liens, mortgages, deeds of trust, and other encumbrances
which have not been recorded prior to the recording of the
mortgage or deed of trust to the extent of all sums secured by
the mortgage or deed of trust regardless of when the same are
disbursed or whether the disbursements are obligatory. [1991
c 281 § 23.]
60.04.230
60.04.230 Construction projects—Notice to be
posted by prime contractor—Penalty. (1) For any construction project costing more than five thousand dollars the
prime contractor shall post in plain view for the duration of
the construction project a legible notice at the construction
job site containing the following:
(a) The legal description, or the tax parcel number
assigned pursuant to RCW 84.40.160, and the street address
if available, and may include any other identification of the
construction site by the prime contractor;
(b) The property owner’s name, address, and phone
number;
(c) The prime contractor’s business name, address,
phone number, current state contractor registration number
and identification; and
(d) Either:
(i) The name, address, and phone number of the office of
the lender administering the interim construction financing, if
any; or
(ii) The name and address of the firm that has issued a
payment bond, if any, on behalf of the prime contractor for
the protection of the owner if the bond is for an amount not
less than fifty percent of the total amount of the construction
project.
[Title 60 RCW—page 10]
(2) For any construction project which requires a building permit under local ordinance, compliance with the posting requirements of RCW 19.27.095 shall constitute compliance with this section. Otherwise, the information shall be
posted as set forth in this section.
(3) Failure to comply with this section shall subject the
prime contractor to a civil penalty of not more than five thousand dollars, payable to the county where the project is
located. [1991 c 281 § 28; 1984 c 202 § 3.]
60.04.250
60.04.250 Informational materials on construction
lien laws—Master documents. The department of labor and
industries shall prepare master documents that provide informational material about construction lien laws and available
safeguards against real property lien claims. The material
shall include methods of protection against lien claims,
including obtaining lien release documents, performance
bonds, joint payee checks, the opportunity to require contractor disclosure of all potential lien claimants as a condition of
payment, and lender supervision under *RCW 60.04.200 and
60.04.210. The material shall also include sources of further
information, including the department of labor and industries
and the office of the attorney general. [1990 c 81 § 1; 1988 c
270 § 1.]
*Reviser’s note: RCW 60.04.200 and 60.04.210 were repealed by
1991 c 281 § 31, effective April 1, 1992.
Effective date—1988 c 270: "This act shall take effect July 1, 1989."
[1988 c 270 § 4.]
60.04.255
60.04.255 Informational materials on construction
lien laws—Copies—Liability. (1) Every real property
lender shall provide a copy of the informational material
described in RCW 60.04.250 to all persons obtaining loans,
the proceeds of which are to be used for residential construction or residential repair or remodeling.
(2) Every contractor shall provide a copy of the informational material described in RCW 60.04.250 to customers
required to receive contractor disclosure notice under RCW
18.27.114.
(3) No cause of action may lie against the state, a real
property lender, or a contractor arising from the provisions of
RCW 60.04.250 and this section.
(4) For the purpose of this section, "real property lender"
means a bank, savings bank, savings and loan association,
credit union, mortgage company, or other corporation, association, partnership, or individual that makes loans secured
by real property in this state. [1988 c 270 § 2.]
Effective date—1988 c 270: See note following RCW 60.04.250.
60.04.261
60.04.261 Availability of information. The prime contractor shall immediately supply the information listed in
RCW 19.27.095(2) to any person who has contracted to supply materials, equipment, or professional services or who is a
subcontractor on the improvement, as soon as the identity and
mailing address of such subcontractor, supplier, or professional is made known to the prime contractor either directly
or through another subcontractor, supplier, or professional.
[1991 c 281 § 24.]
(2006 Ed.)
Chattel Liens
60.04.900
60.04.900 Liberal construction—1991 c 281. RCW
19.27.095, 60.04.230, and 60.04.011 through 60.04.226 and
60.04.261 are to be liberally construed to provide security for
all parties intended to be protected by their provisions. [1991
c 281 § 25.]
60.04.901
60.04.901 Captions not law—1991 c 281. Section
headings as used in this chapter do not constitute any part of
the law. [1991 c 281 § 26.]
60.04.902
60.04.902 Effective date, application—1991 c 281.
This act shall take effect June 1, 1992. Lien claims based on
an improvement commenced by a potential lien claimant on
or after June 1, 1992, shall be governed by the provisions of
this act. [1992 c 126 § 14; 1991 c 281 § 32.]
the lien. [1917 c 68 § 1; 1909 c 166 § 1; 1905 c 72 § 1; RRS
§ 1154.]
60.08.020 Notice of lien—Contents—Form. In order
to make such lien effectual the lien claimant shall, within
ninety days from the date of delivery of such chattel to the
owner, file in the office of the auditor of the county in which
such chattel is kept, a lien notice, which notice shall state the
name of the claimant, the name of the owner, a description of
the chattel upon which the claimant has performed labor or
furnished material, the amount for which a lien is claimed
and the date upon which such expenditure of labor or material
was completed, which notice shall be signed by the claimant
or someone on his behalf, and may be in substantially the following form:
60.08.020
CHATTEL LIEN NOTICE.
60.04.903
60.04.903 Effective date—1992 c 126. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect June 1, 1992,
except section 14 of this act which shall take effect immediately [March 31, 1992]. [1992 c 126 § 15.]
60.04.904
60.04.904 Application of chapter 281, Laws of 1991,
to actions pending as of June 1, 1992—1993 c 357. All
rights acquired and liabilities incurred under acts or parts of
act repealed by chapter 281, Laws of 1991, are hereby preserved, and all actions pending as of June 1, 1992, shall proceed under the law as it existed at the time chapter 281, Laws
of 1991, took effect. [1993 c 357 § 1.]
Retroactive application—1993 c 357: "This act is remedial in nature
and shall be applied retroactively to June 1, 1992." [1993 c 357 § 2.]
Effective date—1993 c 357: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 15, 1993]." [1993 c 357 § 3.]
Chapter 60.08
Chapter 60.08 RCW
CHATTEL LIENS
Sections
60.08.010
60.08.020
60.08.030
60.08.040
60.08.050
60.08.060
60.08.080
60.08.085
60.08.010
Lien authorized.
Notice of lien—Contents—Form.
Priority of lien.
Enforcement of lien—Limitation of action.
Rank of lien—Personal judgment—Deficiency—Costs.
Filing notice of liens.
Frivolous or clearly excessive claims of lien—Motion to
court—Procedures.
Transferring title of a vehicle—Requirements—Application to
chapter 60.10 RCW.
60.08.010 Lien authorized. Every person, firm or corporation who shall have performed labor or furnished material in the construction or repair of any chattel at the request
of its owner, shall have a lien upon such chattel for such labor
performed or material furnished, notwithstanding the fact
that such chattel be surrendered to the owner thereof: PROVIDED, HOWEVER, That no such lien shall continue, after
the delivery of such chattel to its owner, as against the rights
of third persons who, prior to the filing of the lien notice as
hereinafter provided for, may have acquired the title to such
chattel in good faith, for value and without actual notice of
(2006 Ed.)
60.08.050
..........
against
..........
Claimant,
Owner.





Notice is hereby given that . . . . . . has and claims a
lien upon (here insert description of chattel), owned by
. . . . . . for the sum of . . . . . . dollars, for and on account of
labor, skill and material expended upon said . . . . . . . . .
which was completed upon the . . . . day of . . . . . ., 19. . .
.....................
Claimant.
[1983 c 33 § 1; 1917 c 68 § 2; 1905 c 72 § 2; RRS § 1155.]
60.08.030 Priority of lien. The liens created by this
chapter are preferred to any lien, mortgage or other encumbrance which may attach subsequently to the time of the commencement of the performance of the labor, or the furnishing
of the materials for which the right of lien is given by this
chapter, and are also preferred to any lien, mortgage or other
encumbrance which may have attached previously to that
time, and which was not filed or recorded so as to create constructive notice of the same prior to that time, and of which
the lien claimant has no notice. [1917 c 68 § 3; 1905 c 72 §
3; RRS § 1156.]
60.08.030
60.08.040 Enforcement of lien—Limitation of action.
The lien herein provided for may be enforced against all persons having a junior or subsequent interest in any such chattel, by judicial procedure or by summary procedure as set
forth in chapter 60.10 RCW within nine months after the filing of such lien notice, and if no such action shall be commenced within such time such lien shall cease. [1995 c 62 §
4; 1969 c 82 § 11; 1917 c 68 § 4; 1905 c 72 § 4; RRS § 1157.]
60.08.040
Secured transactions: Article 62A.9A RCW.
60.08.050 Rank of lien—Personal judgment—Deficiency—Costs. In every case originating in or removed to a
court of competent jurisdiction, in which different liens are
claimed against the same property, the court, in the judgment,
must declare the rank of such lien or class of liens, which
shall be in the following order:
(1) All persons performing labor;
(2) All persons furnishing material;
60.08.050
[Title 60 RCW—page 11]
60.08.060
Title 60 RCW: Liens
And the proceeds of the sale of the property must be
applied to each lien or class of liens in the order of its rank;
and personal judgment may be rendered in an action brought
to foreclose a lien, against any party personally liable for any
debt for which the lien is claimed, and if the lien be established, the judgment shall provide for the enforcement
thereof upon the property liable as in case of foreclosure of
mortgages; and the amount realized by such enforcement of
the lien shall be credited upon the proper personal judgment,
and the deficiency, if any, remaining unsatisfied, shall stand
as a personal judgment, and may be collected by execution
against the party liable therefor. The court may allow, as part
of the costs of the action, the moneys paid for filing or recording the claim, and a reasonable attorney’s fee in the action.
[1917 c 68 § 5; RRS § 1157a.]
(5) If, following a hearing on the matter, the court determines that the lien is frivolous and made without reasonable
cause, or clearly excessive, the court shall issue an order
releasing the lien if frivolous and made without reasonable
cause, or reducing the lien if clearly excessive, and awarding
costs and reasonable attorneys’ fees to the applicant to be
paid by the lien claimant. If the court determines that the lien
is not frivolous and was made with reasonable cause, and is
not clearly excessive, the court shall issue an order so stating
and awarding costs and reasonable attorneys’ fees to the lien
claimant to be paid by the applicant.
(6) Proceedings under this section shall not affect other
rights and remedies available to the parties under this chapter
or otherwise. [2006 c 283 § 1.]
Effective date—2006 c 283: "This act takes effect October 1, 2006."
[2006 c 283 § 5.]
60.08.060
60.08.060 Filing notice of liens. Upon presentation of
such lien notice to the auditor of any county, he shall file the
same, and endorse thereon the time of the reception, the number thereof, and shall enter the same in a suitable book or file
(but need not record the same). Such book or file shall have
herewith an alphabetic index, in which the county auditor
shall index such notice by noting the name of the owner,
name of lien claimant, description of property, date of lien
(which shall be the date upon which such expenditure of
labor, skill or material was completed), date of filing and
when released, the date of release. [1983 c 33 § 2; 1905 c 72
§ 5; RRS § 1158.]
60.08.080
60.08.080 Frivolous or clearly excessive claims of
lien—Motion to court—Procedures. (Effective October 1,
2006.) (1) Any owner of property subject to a recorded claim
of lien under this chapter, or contractor, subcontractor,
lender, or lien claimant who believes the claim of lien to be
frivolous and made without reasonable cause, or clearly
excessive may apply by motion to the superior court for the
county where the property is located, for an order directing
the lien claimant to appear before the court at a time no earlier
than six nor later than fifteen days following the date of service of the application and order on the lien claimant, and
show cause, if any he or she has, why the relief requested
should not be granted. The motion shall state the grounds
upon which relief is asked, and shall be supported by the affidavit of the applicant or his or her attorney setting forth a concise statement of the facts upon which the motion is based.
(2) The order shall clearly state that if the lien claimant
fails to appear at the time and place noted the lien shall be
released, with prejudice, and that the lien claimant shall be
ordered to pay the costs requested by the applicant including
reasonable attorneys’ fees.
(3) If no action to foreclose the lien claim has been filed,
the clerk of the court shall assign a cause number to the application and obtain from the applicant a filing fee of thirty-five
dollars. If an action has been filed to foreclose the lien claim,
the application shall be made a part of that action.
(4) The applicant must give notice of the hearing to the
lien claimant by providing copies of the motion, order, and
any other documents filed with the court, to the lien claimant
by first class mail, by certified or registered mail, or by personal service.
[Title 60 RCW—page 12]
60.08.085 Transferring title of a vehicle—Requirements—Application to chapter 60.10 RCW. (Effective
October 1, 2006.) The department of licensing, and the
department’s agents and subagents, shall not transfer title of
a vehicle through the chattel lien process under this chapter
and chapter 60.10 RCW unless an affidavit of sale and the
following documentation is submitted: (1) A certified copy
of the lien filing that is filed with the county auditor; (2) a
copy of the letter, sent by the lien claimant via first class mail,
and certified or registered mail, including the return receipt,
to the address of the current registered owner notifying the
current registered owner of the lien filing; and (3) an affidavit
of service by mail. [2006 c 283 § 2.]
60.08.085
Effective date—2006 c 283: See note following RCW 60.08.080.
Chapter 60.10
Chapter 60.10 RCW
PERSONAL PROPERTY LIENS—
SUMMARY FORECLOSURE
Sections
60.10.010
60.10.020
60.10.023
60.10.027
60.10.030
60.10.040
60.10.050
60.10.060
60.10.070
Definitions.
Methods of foreclosure.
Judicial foreclosure of personal property liens.
Judicial foreclosure of a security interest.
Notice and sale—Priorities—Sale procedure—Surplus—Deficiency.
Rights and interest of purchaser for value.
Redemption.
Noncompliance with chapter—Rights of lien debtor.
"Commercially reasonable."
60.10.010 Definitions. As used in this chapter:
(1) The term "lien debtor" means the person who is obligated, owes payment or other performance. Where the lien
debtor and the owner of the collateral are not the same person, the term "lien debtor" means the owner of the collateral.
(2) "Collateral" means the property subject to a statutory
lien.
(3) "Lien holder" means a person who, by statute, has
acquired a lien on the property of the lien debtor, or such person’s successor in interest.
(4) "Secured party" has the same meaning as used in
Article 9A of the Uniform Commercial Code (Title 62A
RCW). [2001 c 32 § 3; 1969 c 82 § 2.]
60.10.010
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Judicial foreclosure of personal property liens: RCW 60.10.023.
(2006 Ed.)
Personal Property Liens—Summary Foreclosure
60.10.020
60.10.020 Methods of foreclosure. Any lien upon personal property, excluded by *RCW 62A.9-104 from the provisions of the Uniform Commercial Code (Title 62A RCW),
may be foreclosed by: (1) An action in the district court having jurisdiction in the district in which the property is situated
in accordance with RCW 60.10.023, if the value of the claim
does not exceed the jurisdictional limit of the district court
provided in RCW 3.66.020; or (2) an action in the superior
court having jurisdiction in the county in which the property
is situated in accordance with RCW 60.10.023, if the value of
the claim exceeds the jurisdictional limit of the district court
provided in RCW 3.66.020; or (3) summary procedure as
provided in this chapter. [1995 c 62 § 5; 1991 c 33 § 3; 1969
c 82 § 3.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
Effective date—1991 c 33: See note following RCW 3.66.020.
60.10.023
60.10.023 Judicial foreclosure of personal property
liens. The provisions of chapter 61.12 RCW, so far as they
are applicable, govern in actions for the judicial foreclosure
of liens on personal property excluded by *RCW 62A.9-104
from the provisions of the Uniform Commercial Code, Title
62A RCW. The lien holder may proceed on the lien; and if
there is a separate obligation secured by the lien, the lienholder may bring suit on the obligation. If the lienor proceeds
on the obligation, the court shall, in addition to entering a
decree foreclosing the lien, render judgment for the amount
due on the obligation. The decree shall direct the sale of the
lien property, and if there is a judgment on an obligation and
the proceeds of the sale are insufficient to satisfy the judgment, the sheriff is authorized to proceed under the same execution and levy on and sell other property of the lien debtor,
not exempt from execution, for the sum remaining unsatisfied.
Redemption rights and the rights and interest of a purchaser for value under this section are governed by RCW
60.10.040 and 60.10.050. [1995 c 62 § 1; 1969 c 82 § 1. Formerly RCW 61.12.162.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
60.10.027
60.10.027 Judicial foreclosure of a security interest.
The provisions of chapter 61.12 RCW, so far as they are
applicable, shall also be available to a secured party seeking
to enforce a security interest by judicial proceedings as
authorized by *RCW 62A.9-501(1). In such a proceeding, the
court shall enter a judgment foreclosing the security interest
and shall render judgment for the amount due on the secured
obligation. The decree shall direct the sale of property that is
subject to the foreclosed security interest and is within the
court’s jurisdiction, and if the proceeds of sale are insufficient to satisfy the judgment, the sheriff is authorized to proceed under the same execution and levy on other property of
the judgment debtor, not exempt from execution, for the sum
remaining unsatisfied.
The rights and interest of a purchaser for value are governed by RCW 60.10.040 except as otherwise provided in
Title 62A RCW. [1995 c 62 § 2.]
(2006 Ed.)
60.10.030
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
60.10.030
60.10.030 Notice and sale—Priorities—Sale procedure—Surplus—Deficiency. (Effective until October 1,
2006.) (1) A lien foreclosure authorized by RCW 60.10.020
may be summarily foreclosed by notice and sale as provided
herein. The lien holder may sell, or otherwise dispose of the
collateral in its then condition or following any commercially
reasonable preparation or processing. The proceeds of disposition shall be applied in the order following to
(a) the reasonable expenses of retaking, holding, preparing for sale, selling and the like and, to the extent provided for
in the agreement and not prohibited by law, the reasonable
attorneys’ fees and legal expenses incurred by the secured
party;
(b) the satisfaction of indebtedness secured by the lien
under which the disposition is made;
(c) the satisfaction of indebtedness secured by any subordinate security interest in the collateral if written notification
of demand therefor is received before distribution of the proceeds is completed. If requested by the lien holder, the holder
of a subordinate security interest must seasonably furnish
reasonable proof of his interest, and unless he does so, the
lien holder need not comply with his demand.
(2) The lien holder must account to the lien debtor for
any surplus, and, unless otherwise agreed, the lien debtor is
not liable for any deficiency.
(3) Disposition of the collateral may be by public or private proceedings and may be made by way of one or more
contracts. Sale or other disposition may be as a unit or in parcels and at any time and place and on any terms but every
aspect of the disposition including the method, manner, time,
place and terms must be commercially reasonable which
shall be construed as provided in RCW 60.10.070. Unless
collateral is perishable or threatens to decline speedily in
value or is of a type customarily sold on a recognized market,
reasonable notification of the time and place of any public
sale or reasonable notification of the time after which any private sale or other intended disposition is to be made shall be
sent by the lien holder to the lien debtor, and except in the
case of consumer goods to any other person who has a security interest in the collateral and who has duly filed a financing statement indexed in the name of the lien debtor in this
state or who is known by the lien holder to have a security
interest in the collateral. The lien holder may buy at any public sale and if the collateral is of a type customarily sold in a
recognized market or is of a type which is the subject of
widely distributed standard price quotations he may buy at
private sale. [1969 c 82 § 4.]
60.10.030
60.10.030 Notice and sale—Priorities—Sale procedure—Surplus—Deficiency—Obligation of lien holder.
(Effective October 1, 2006.) (1) A lien foreclosure authorized by RCW 60.10.020 may be summarily foreclosed by
notice and sale as provided herein. The lien holder may sell,
or otherwise dispose of the collateral in its then condition or
following any commercially reasonable preparation or processing. The proceeds of disposition shall be applied in the
order following to
[Title 60 RCW—page 13]
60.10.040
Title 60 RCW: Liens
(a) the reasonable expenses of retaking, holding, preparing for sale, selling and the like and, to the extent provided for
in the agreement and not prohibited by law, the reasonable
attorneys’ fees and legal expenses incurred by the secured
party;
(b) the satisfaction of indebtedness secured by the lien
under which the disposition is made;
(c) the satisfaction of indebtedness secured by any subordinate security interest in the collateral if written notification
of demand therefor is received before distribution of the proceeds is completed. If requested by the lien holder, the holder
of a subordinate security interest must seasonably furnish
reasonable proof of his or her interest, and unless that is done,
the lien holder need not comply with that demand.
(2) The lien holder must account to the lien debtor for
any surplus, and, unless otherwise agreed, the lien debtor is
not liable for any deficiency.
(3) Disposition of the collateral may be by public or private proceedings and may be made by way of one or more
contracts. Sale or other disposition may be as a unit or in parcels and at any time and place and on any terms but every
aspect of the disposition including the method, manner, time,
place and terms must be commercially reasonable which
shall be construed as provided in RCW 60.10.070. Unless
collateral is perishable or threatens to decline speedily in
value or is of a type customarily sold on a recognized market,
reasonable notification of the time and place of any public
sale or reasonable notification of the time after which any private sale or other intended disposition is to be made shall be
sent by the lien holder to the lien debtor, by first class mail,
and registered or certified mail, and except in the case of consumer goods to any other person who has a security interest
in the collateral and who has duly filed a financing statement
indexed in the name of the lien debtor in this state or who is
known by the lien holder to have a security interest in the collateral. The lien holder may buy at any public sale and if the
collateral is of a type customarily sold in a recognized market
or is of a type which is the subject of widely distributed standard price quotations he or she may buy at private sale.
Before accepting any bid or offer for purchase, the lien holder
shall inform the bidder or purchaser of the existence of any
prior lien or security interest in the collateral, and the identity
of the holder of the prior lien or security interest. If the lien
holder does not know this information, he or she shall advise
the prospective purchaser of that. [2006 c 283 § 3; 1969 c 82
§ 4.]
collusion with the lien holder, other bidders or the person
conducting the sale; or
(2) In any other case, if the purchaser acts in good faith.
[1995 c 62 § 6; 1969 c 82 § 5.]
60.10.040
60.10.040 Rights and interest of purchaser for
value—Certificates of title. (Effective October 1, 2006.)
When a lien is foreclosed in accordance with the provisions
of this chapter, the disposition transfers to a purchaser for
value all of the lien debtor’s rights therein, discharges the lien
under which it is made and any security interest or lien subordinate thereto. The purchaser takes free of all such rights and
interests even though the lien holder fails to comply with the
requirements of this chapter:
(1) In the case of a public sale, if the purchaser has no
knowledge of any defects in the sale and if he or she does not
buy in collusion with the lien holder, other bidders, or the
person conducting the sale; or
(2) In any other case, if the purchaser acts in good faith.
The purchaser takes subject to any security interest or
lien that is superior to the lien under which the sale is made.
In the case of property that is subject to a certificate of title,
the department of licensing and the department’s agents and
subagents shall not transfer title through this process unless
the new certificate of title reflects the security interest that is
superior to the lien under which the sale is made. If a new
certificate of title is issued that does not reflect the security
interest that is superior to the lien under which the sale is
made, the holder of such interest may request and obtain from
the department of licensing a replacement certificate of title
reflecting such security interest, and showing the purchaser
as the registered owner. The department of licensing shall
notify the purchaser of the issuance of any replacement title.
[2006 c 283 § 4; 1995 c 62 § 6; 1969 c 82 § 5.]
Effective date—2006 c 283: See note following RCW 60.08.080.
60.10.050
60.10.050 Redemption. At any time before the lien
holder has disposed of collateral or entered into a contract for
its disposition under this chapter, the lien debtor or any other
secured party may redeem the collateral by tendering fulfillment of all obligations to the holder that are secured by the
collateral as well as the expenses reasonably incurred by the
lien holder in holding and preparing the collateral for disposition, in arranging for the sale, and for reasonable attorneys’
fees and legal expenses. [1995 c 62 § 7; 1969 c 82 § 6.]
Effective date—2006 c 283: See note following RCW 60.08.080.
60.10.060
60.10.040
60.10.040 Rights and interest of purchaser for value.
(Effective until October 1, 2006.) When a lien is foreclosed
in accordance with the provisions of this chapter, the disposition transfers to a purchaser for value all of the lien debtor’s
rights therein, discharges the lien under which it is made and
any security interest or lien subordinate thereto. The purchaser takes free of all such rights and interests even though
the lien holder fails to comply with the requirements of this
chapter:
(1) In the case of a public sale, if the purchaser has no
knowledge of any defects in the sale and if he does not buy in
[Title 60 RCW—page 14]
60.10.060 Noncompliance with chapter—Rights of
lien debtor. If it is established that the lien holder is not proceeding in accordance with the provisions of this chapter disposition may be ordered or restrained on appropriate terms
and conditions. If the disposition has occurred the lien debtor
or any person entitled to notification or whose security interest has been made known to the lien holder prior to the disposition has a right to recover from the lien holder any loss
caused by a failure to comply with the provisions of this
chapter. The lien debtor has a right to recover in any event an
amount not less than ten percent of the original lien claimed.
[1969 c 82 § 7.]
(2006 Ed.)
Crop Liens
60.10.070
60.10.070 "Commercially reasonable." As used in
this chapter, "commercially reasonable" shall be construed in
a manner consistent with the following:
The fact that a better price could have been obtained by
a sale at a different time or in a different method from that
selected by the lien holder is not of itself sufficient to establish that the sale was not made in a commercially reasonable
manner. If the lien holder either sells the collateral in the
usual manner in any recognized market therefor or if he sells
at the price current in such market at the time of his sale or if
he has otherwise sold in conformity with reasonable commercial practices among dealers in the type of property sold he
has sold in a commercially reasonable manner. A disposition
which has been approved in any judicial proceeding or by any
bona fide creditors’ committee or representative of creditors
shall conclusively be deemed to be commercially reasonable,
but this sentence does not indicate that any such approval
must be obtained in any case nor does it indicate that any disposition not so approved is not commercially reasonable.
[1969 c 82 § 8.]
Chapter 60.11
Chapter 60.11 RCW
CROP LIENS
Sections
60.11.010
60.11.020
60.11.030
60.11.040
60.11.050
60.11.060
60.11.070
60.11.080
60.11.090
60.11.100
60.11.110
60.11.120
60.11.130
60.11.140
60.11.900
60.11.901
60.11.902
60.11.903
60.11.904
60.11.010
Definitions.
Persons entitled to crop liens—Property subject to lien.
Attachment and effectiveness of lien on crops and proceeds—
Filing.
Statement of lien—Filing—Contents—Duration.
Priorities of liens and security interests.
Foreclosure and enforcement of crop lien.
Judicial foreclosure.
Summary foreclosure.
Rights and interest of purchaser for value.
Redemption.
Noncompliance with chapter—Rights of lien debtor.
"Commercially reasonable."
Limitation of action to foreclose.
Termination statement.
Savings—Liens created under prior law.
Section captions.
Severability—1986 c 242.
Effective date—1986 c 242.
Transition rule for filings made before July 1, 2001.
60.11.010 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Crop" means all products of the soil either growing
or cropped, cut, or gathered which require annual planting,
harvesting, or cultivating. A crop includes orchard crops, but
does not include vegetation produced by the powers of nature
alone, nursery stock, or vegetation intended as a permanent
enhancement of the land itself.
(2) "Handler" means a person who prepares an orchard
crop for market for the account of, or as agent for, the producer of the orchard crop, which preparation includes, but is
not limited to, receiving, storing, packing, marketing, selling,
or delivering the orchard crop; and who takes delivery of the
orchard crop from the producer of the orchard crop or from
another handler. "Handler" does not include a person who
solely transports the orchard crop from the producer or
another handler to another person.
(2006 Ed.)
60.11.020
(3) "Landlord" means a person who leases or subleases
to a tenant real property upon which crops are growing or will
be grown.
(4) "Orchard crop" means cherries, peaches, nectarines,
plums or prunes, pears, apricots, and apples.
(5) "Secured party" and "security interest" have the same
meaning as used in the Uniform Commercial Code, Title 62A
RCW.
(6) "Supplier" includes, but is not limited to, a person
who furnishes seed, furnishes and/or applies commercial fertilizer, pesticide, fungicide, weed killer, or herbicide, including spraying and dusting, upon the land of the grower or landowner, or furnishes any work or labor upon the land of the
grower or landowner including tilling, preparing for the
growing of crops, sowing, planting, cultivating, cutting, digging, picking, pulling, or otherwise harvesting any crop
grown thereon, or in gathering, securing, or housing any crop
grown thereon, or in threshing any grain or hauling to any
warehouse any crop, including grain, grown thereon.
(7) "Lien debtor" means the person who is obligated or
owes payment or other performance. If the lien debtor and the
owner of the property encumbered by the crop lien or security
interest are not the same person, "lien debtor" means the
owner of the property encumbered by the crop lien or security
interest.
(8) "Lien holder" means a person who, by statute, has
acquired a lien on the property of the lien debtor, or such person’s successor in interest. [2000 c 250 § 9A-824; 1991 c
286 § 1; 1986 c 242 § 1.]
Effective date—2000 c 250: See RCW 62A.9A-701.
60.11.020
60.11.020 Persons entitled to crop liens—Property
subject to lien. (1) A landlord whose lease or other agreement with the tenant provides for cash rental payment shall
have a lien upon all crops grown upon the demised land in
which the landlord has an interest for payment of no more
than one year’s rent, where the last or only payment of such
one year’s rent is due or will become due within six months
following the last day of harvest of the crops encumbered by
the crop lien. A landlord with a crop share agreement has an
interest in the growing crop which shall not be encumbered
by crop liens except as provided in subsections (2) and (3) of
this section.
(2) A supplier shall have a lien upon all crops for which
the supplies are used or applied for payment of the purchase
price of the supplies and/or services performed: PROVIDED, That the landlord’s interest in the crop shall only be
subject to the lien for the amount obligated to be paid by the
landlord if prior written consent of the landlord is obtained or
if the landlord has agreed in writing with the tenant to pay or
be responsible for a portion of the supplies and/or services
provided by the lien holder.
(3) A handler shall have a lien on all orchard crops delivered by the lien debtor or another handler to the handler and
on all proceeds of the orchard crops for payment of: (a) All
customary charges for the ordinary and necessary handling of
the orchard crop, including but not limited to charges for
transporting, receiving, inspecting, materials and supplies
furnished, washing, waxing, sorting, packing, storing, promoting, marketing, selling, advertising, insuring, or other[Title 60 RCW—page 15]
60.11.030
Title 60 RCW: Liens
wise handling the lien debtor’s orchard crop; and (b) reasonable cooperative per unit retainages, and for all governmental
or quasi-governmental assessments imposed by statute, ordinance, or government regulation. Charges shall not include
direct or indirect advances or extensions of credit to a lien
debtor. [2000 c 250 § 9A-825; 1991 c 286 § 2; 1986 c 242 §
2.]
Effective date—2000 c 250: See RCW 62A.9A-701.
60.11.030
60.11.030 Attachment and effectiveness of lien on
crops and proceeds—Filing. (1) Upon the later of both: (a)
Execution of the lease or other agreement, or commencement
of delivery of such supplies, and/or of provision of such services giving rise to the crop lien; and (b) filing a financing
statement as required by RCW 62A.9A-310 and subsection
(3) of this section, the crop liens described in RCW 60.11.020
(1) and (2) shall become effective and attach to the subject
crop for all sums then and thereafter due and owing the lien
holder under this chapter, and those liens shall continue in all
identifiable cash proceeds of the crop.
(2) Upon the delivery of an orchard crop by the lien
debtor or another handler to a handler without the necessity
of filing, the crop lien described in RCW 60.11.020(3) shall
become effective and attach to and be perfected in the delivered orchard crop for all sums then and thereafter due and
owing the lien holder under this chapter, and the lien shall
continue and be perfected in all proceeds of the orchard crop.
(3) Except as provided in RCW 60.11.040(4) with
respect to the lien of a landlord, and except for the lien of a
handler on orchard crops as provided in RCW 60.11.020(3),
the lien holder must file the required financing statement during the period after the commencement of delivery of such
supplies and/or of provision of such services, but before the
completion of the harvest of the crops for which the lien is
claimed, or in the case of a lien for furnishing work or labor,
before the end of the fortieth day after the cessation of the
work or labor for which the lien is claimed. If the lien holder
under the crop liens described in RCW 60.11.020 (1) or (2) is
to be allowed costs, disbursements, and attorneys’ fees, the
lien holder must also mail a copy of such financing statement
to the last known address of the debtor by certified mail,
return receipt requested, within ten days after filing the
financing statement. [2001 c 32 § 4; 2000 c 250 § 9A-826;
1991 c 286 § 3; 1986 c 242 § 3.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Effective date—2000 c 250: See RCW 62A.9A-701.
60.11.040
60.11.040 Statement of lien—Filing—Contents—
Duration. (1) Within fourteen days of receipt of a written
request from the lien debtor, or other person who provides the
lien holder authorization from the lien debtor for such statement, the lien holder shall provide that person a statement
described in subsection (2) of this section. Failure timely to
provide the statement shall cause the lien holder to be liable
to the person requesting for the attorneys’ fees and costs
incurred by that person to obtain the statement, together with
damages incurred by that person due to the failure of the lien
holder to provide the statement, including in the case of the
lien debtor any loss resulting from the lien debtor’s inability
to obtain financing, or the increased costs thereof.
[Title 60 RCW—page 16]
(2) The statement shall be in writing, authenticated by
the claimant, and shall contain in substance the following
information:
(a) The name and address of the claimant;
(b) The name and address of the debtor;
(c) The date of commencement of performance for
which the lien is claimed;
(d) A description of the labor services, materials, or supplies furnished;
(e) A description of the crop and its location to be
charged with the lien sufficient for identification; and
(f) The signature of the claimant.
(3) The statement need not be filed with the department
of licensing.
(4) A lien for rent claimed by a landlord pursuant to this
chapter shall be effective during the term of the lease for a
period of up to five years. A financing statement for a landlord lien covering a lease term longer than five years may be
continued in accordance with RCW 62A.9A-515(d). A landlord who has a right to a share of the crop may place suppliers
on notice by filing a financing statement in the same manner
as provided for filing a financing statement for a landlord’s
lien. [2000 c 250 § 9A-827; 1991 c 286 § 4; 1989 c 229 § 1;
1986 c 242 § 4.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Severability—1989 c 229: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 229 § 2.]
60.11.050
60.11.050 Priorities of liens and security interests.
(1) Except as provided in subsections (2), (3), (4), and (5) of
this section, conflicting liens and security interests in crops
and their proceeds shall rank in accordance with the time of
filing.
(2) The lien created in RCW 60.11.020(2) in favor of any
person who furnishes any work or labor upon the land of the
grower or landowner shall be preferred and prior to any other
lien or security interest upon the crops to which they attach
including the liens described in subsections (3), (4), and (5)
of this section.
(3) The lien created in RCW 60.11.020(3) in favor of
handlers is preferred and prior to a lien or security interest
described in subsection (4) or (5) of this section and to any
other lien or security interest upon the orchard crops to which
they attach except the liens in favor of a person who furnishes
work or labor upon the land of the grower or landlord. Whenever more than one handler holds a handler’s lien created by
RCW 60.11.020(3) in the same orchard crop, unless the
affected parties otherwise agree in writing, the later of the
liens to attach has priority over all previously attached handlers’ liens created by RCW 60.11.020(3).
(4) A lien or security interest in crops otherwise entitled
to priority pursuant to subsection (1) of this section shall be
subordinate to a later perfected lien or security interest
incurred to produce the crop to the extent that obligations
secured by such earlier perfected security interest or lien were
not incurred to produce such crops.
(5) A lien or security interest in crops otherwise entitled
to priority pursuant to subsection (1) of this section shall be
(2006 Ed.)
Crop Liens
subordinate to a properly perfected landlord’s lien. [2000 c
250 § 9A-828; 1991 c 286 § 5; 1986 c 242 § 5.]
Effective date—2000 c 250: See RCW 62A.9A-701.
60.11.060
60.11.060 Foreclosure and enforcement of crop lien.
Any lien created by this chapter may be foreclosed or
enforced by: (1) An action in the district court having jurisdiction in the district in which the real property on which the
crop in question was grown is situated in accordance with
RCW 60.11.070, if the value of the claim does not exceed the
jurisdictional limit of the district court provided in RCW
3.66.020; or (2) an action in the superior court having jurisdiction in the county in which the real property on which the
crop in question was grown is situated in accordance with
RCW 60.11.070, if the value of the claim exceeds the jurisdictional limit of the district court provided in RCW
3.66.020; or (3) summary procedure as provided in RCW
60.11.080; or (4) procedures in Part 6 of Article 9A of the
Uniform Commercial Code. [2000 c 250 § 9A-829; 1991 c
33 § 4; 1986 c 242 § 6.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Effective date—1991 c 33: See note following RCW 3.66.020.
60.11.070
60.11.070 Judicial foreclosure. The lien holder may
proceed upon his or her lien; and if there is a separate obligation in writing to pay the same, secured by the lien, he or she
may bring suit upon such separate promise. When he or she
proceeds on the promise, if there is a specific agreement
therein contained, for the payment of a certain sum or there is
a separate obligation for the sum in addition to a decree of
sale of lien property, judgment shall be rendered for the
amount due upon the promise or other instrument, the payment of which is thereby secured; the decree shall direct the
sale of the lien property and if the proceeds of the sale are
insufficient under the execution, the sheriff is authorized to
levy upon and sell other property of the lien debtor, not
exempt from execution, for the sum remaining unsatisfied. In
a judicial foreclosure, the court shall allow reasonable attorneys’ fees and disbursements for establishing a lien. [2000 c
250 § 9A-830; 1986 c 242 § 7.]
Effective date—2000 c 250: See RCW 62A.9A-701.
60.11.080
60.11.080 Summary foreclosure. (1) A lien may be
summarily foreclosed by notice and sale as provided in this
section. The lien holder may sell or otherwise dispose of the
collateral in its existing condition or following any commercially reasonable preparation or processing. The proceeds of
disposition shall be applied in the order following to:
(a) The reasonable expenses of retaking, holding, preparing for sale, selling and the like, and to the extent provided for
in the agreement and not prohibited by law, the reasonable
attorneys’ fees and legal expenses incurred by the secured
party;
(b) The satisfaction of indebtedness secured by the lien
under which the disposition is made;
(c) The satisfaction of indebtedness secured by any subordinate security interest in the collateral if written notification of demand therefor is received before distribution of the
proceeds is completed. If requested by the lien holder, the
holder of a subordinate security interest must seasonably fur(2006 Ed.)
60.11.110
nish reasonable proof of his or her interest, and unless he or
she does so, the lien holder need not comply with the
demand.
(2) The lien holder shall account to the lien debtor for
any surplus, and, unless otherwise agreed, the lien debtor is
not liable for any deficiency.
(3) Disposition of the collateral may be by public or private proceedings and may be made by way of one or more
contracts. Sale or other disposition may be as a unit or in parcels and at any time and place and on any terms but every
aspect of the disposition including the method, manner, time,
place, and terms must be commercially reasonable. Unless
collateral is perishable or threatens to decline quickly in
value or is of a type customarily sold on a recognized market,
reasonable notification of the time after which any private
sale or other intended disposition is to be made shall be sent
by the lien holder to the lien debtor, and to any other person
who has a duly filed crop lien, or who has a security interest
in the collateral and has duly filed a financing statement
indexed in the name of the lien debtor in this state, or who is
known by the lien holder to have a security interest or crop
lien in the collateral. The lien holder may buy at any public
sale, and if the collateral is of a type customarily sold in a recognized market or is of a type which is the subject of widely
distributed standard price quotations the lien holder may buy
at private sale. [1986 c 242 § 8.]
60.11.090
60.11.090 Rights and interest of purchaser for value.
When a lien is foreclosed in accordance with RCW
60.11.060, the disposition transfers to a purchaser for value
all of the lien debtor’s right therein and discharges the lien
under which it is made and any security interest or lien subordinate thereto. The purchaser takes free of all such rights and
interest even though the lien holder fails to comply with the
requirements of this chapter or of any judicial proceedings
under RCW 60.11.070:
(1) In the case of a public sale, if the purchaser has no
knowledge of any defects in the sale and if he or she does not
buy in collusion with the lien holder, other bidders, or the
person conducting the sale; or
(2) In any other case, if the purchaser acts in good faith.
[1986 c 242 § 9.]
60.11.100
60.11.100 Redemption. The right of the lien debtor and
others to redeem collateral shall be as provided in RCW
62A.9A-623. [2000 c 250 § 9A-831; 1986 c 242 § 10.]
Effective date—2000 c 250: See RCW 62A.9A-701.
60.11.110
60.11.110 Noncompliance with chapter—Rights of
lien debtor. If the lien holder is not proceeding in accordance with the provisions of this chapter, disposition may be
ordered or restrained on appropriate terms and conditions. If
the disposition has occurred the lien debtor or any person
entitled to notification or whose security interest has been
made known to the lien holder prior to the disposition has a
right to recover from the lien holder any loss caused by a failure to comply with the provisions of this chapter. [1986 c
242 § 11.]
[Title 60 RCW—page 17]
60.11.120
Title 60 RCW: Liens
60.11.120
60.11.120 "Commercially reasonable." For purposes
of this chapter, "commercially reasonable" has the meaning
given and shall be construed in a manner consistent with
RCW 62A.9A-627. [2000 c 250 § 9A-832; 1986 c 242 § 12.]
Effective date—2000 c 250: See RCW 62A.9A-701.
60.11.130
60.11.130 Limitation of action to foreclose. Judicial
foreclosure or summary procedure as provided in RCW
60.11.060 shall be brought within twenty-four calendar
months after filing the financing statement for the lien,
except: (1) In the case of a landlord lien which shall be
twenty-four calendar months from the date of default on the
lease, and (2) in the case of a handler’s lien on a given
orchard crop which shall be twenty-four calendar months
from the date of default on payment of the charges described
in RCW 60.11.020(3) attributable to that orchard crop. Upon
expiration of such time, the claimed lien shall expire. [2000
c 250 § 9A-833; 1986 c 242 § 13.]
Effective date—2000 c 250: See RCW 62A.9A-701.
60.11.140
60.11.140 Termination statement. Whenever the total
amount of the lien has been fully paid and as otherwise provided in RCW 62A.9A-513 (c) and (d), within twenty days
following receipt of an authenticated demand following such
full payment of the lien, the lien holder filing a lien shall send
to the lien debtor or file with the department of licensing a
termination statement for the financing statement. Failure to
file a termination statement by the lien holder or the assignee
of the lien holder shall cause the lien holder or its assignee to
be liable to the debtor for the attorneys’ fees and costs
incurred by the debtor to have the lien terminated together
with damages incurred by the debtor due to the failure of the
lien holder to terminate the lien. [2000 c 250 § 9A-834; 1991
c 286 § 6; 1986 c 242 § 14.]
Effective date—2000 c 250: See RCW 62A.9A-701.
60.11.900
60.11.900 Savings—Liens created under prior law.
Liens created prior to January 1, 1987, which are based on
statutes repealed by *this act, shall remain in effect for the
duration provided by the law in effect before January 1, 1987.
The department of licensing shall notify persons requesting
information for crop liens that, for this transition period,
records of crop liens may exist at a county auditor’s office as
well as at the department of licensing. [1986 c 242 § 15.]
*Reviser’s note: "this act" [1986 c 242] repealed chapters 60.12, 60.14,
and 60.22 RCW.
60.11.901
60.11.901 Section captions. As used in this chapter,
section captions constitute no part of the law. [1986 c 242 §
18.]
60.11.902
60.11.902 Severability—1986 c 242. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 242 § 19.]
60.11.903
60.11.903 Effective date—1986 c 242. This act shall
take effect January 1, 1987. [1986 c 242 § 21.]
[Title 60 RCW—page 18]
60.11.904
60.11.904 Transition rule for filings made before
July 1, 2001. All statements filed with the department of
licensing under this chapter before July 1, 2001, shall satisfy
the requirements of RCW 62A.9A-310 and 60.11.030 for filing a financing statement. [2001 c 32 § 5; 2000 c 250 § 9A835.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Effective date—2000 c 250: See RCW 62A.9A-701.
Chapter 60.13 RCW
PROCESSOR AND PREPARER LIENS FOR
AGRICULTURAL PRODUCTS
Chapter 60.13
Sections
60.13.010
60.13.020
60.13.030
60.13.035
60.13.040
60.13.050
60.13.060
60.13.070
Definitions.
Processor lien.
Preparer lien for grain, hay, or straw.
Notice of preparer lien for dairy products—Proof of lien.
Filing of statement evidencing lien—Contents—Standard filing forms, fees, and procedures.
Priority of lien.
Duration of lien—Statement of discharge.
Foreclosure and enforcement of lien—Costs.
60.13.010
60.13.010 Definitions. As used in this chapter, the
terms defined in this section have the meanings indicated
unless the context clearly requires otherwise.
(1) "Agricultural product" means any unprocessed horticultural, vermicultural and its byproducts, viticultural, berry,
poultry, poultry product, grain, bee, or other agricultural
products, and includes mint or mint oil processed by or for
the producer thereof and hay and straw baled or prepared for
market in any manner or form and livestock. When used in
RCW 60.13.020, "agricultural product" means horticultural,
viticultural, aquacultural, or berry products, hay and straw,
milk and milk products, vegetable seed, or turf and forage
seed and applies only when such products are delivered to a
processor or conditioner in an unprocessed form.
(2) "Conditioner," "consignor," "person," and "producer" have the meanings defined in RCW 20.01.010.
(3) "Delivers" means that a producer completes the performance of all contractual obligations with reference to the
transfer of actual or constructive possession or control of an
agricultural product to a processor or conditioner or preparer,
regardless of whether the processor or conditioner or preparer
takes physical possession.
(4) "Preparer" means a person engaged in the business of
feeding livestock or preparing livestock products for market.
(5) "Processor" means any person, firm, company, or
other organization that purchases agricultural products
except milk and milk products from a consignor and that
cans, freezes, dries, dehydrates, cooks, presses, powders, or
otherwise processes those crops in any manner whatsoever
for eventual resale, or that purchases or markets milk from a
dairy producer and is obligated to remit payment to such
dairy producer directly.
(6) "Commercial fisherman" means a person licensed to
fish commercially for or to take food fish or shellfish or steelhead legally caught pursuant to executive order, treaty right,
or federal statute.
(7) "Fish" means food fish or shellfish or steelhead
legally caught pursuant to executive order, treaty right, or
(2006 Ed.)
Processor and Preparer Liens for Agricultural Products
federal statute. [2002 c 278 § 1; 1991 c 174 § 2; 1987 c 148
§ 1; 1985 c 412 § 1.]
60.13.020
60.13.020 Processor lien. Starting on the date a producer delivers any agricultural product to a processor or conditioner, the producer has a first priority statutory lien,
referred to as a "processor lien." A commercial fisherman
who delivers fish to a processor also has a first priority statutory "processor lien" starting on the date the fisherman delivers fish to the processor. This processor lien shall continue
until twenty days after payment for the product is due and
remains unpaid, without filing any notice of lien, for the contract price, if any, or the fair market value of the products
delivered. The processor lien attaches to the agricultural
products or fish delivered, to the processor’s or conditioner’s
inventory, and to the processor’s or conditioner’s accounts
receivable. However, no processor lien may attach to agricultural products or fish delivered by a producer or commercial
fisherman, or on the producer’s or fisherman’s behalf, to a
processor which is organized and operated on a cooperative
basis and of which the producer or fisherman is a member,
nor may such lien attach to such processor’s inventory or
accounts receivable. [1987 c 148 § 2; 1985 c 412 § 2.]
60.13.030
60.13.030 Preparer lien for grain, hay, or straw.
Starting on the date a producer delivers grain, hay, or straw to
a preparer, the producer has a first priority statutory lien,
referred to as a "preparer lien." This preparer lien shall continue twenty days after payment for the product is due and
remains unpaid, without filing any notice of lien, for the contract price, if any, or the fair market value of the products
delivered. The preparer lien attaches to the agricultural products delivered by the producer to the preparer, and to the preparer’s accounts receivable. [1985 c 412 § 3.]
60.13.035
60.13.035 Notice of preparer lien for dairy products—Proof of lien. A person who controls or possesses
amounts payable to the preparer of dairy products or the preparer’s assigns, if the preparer or preparer’s assigns is not a
producer-handler, which are properly encumbered by a preparer’s lien upon an account receivable shall not be obligated
to pay a producer amounts to which the producer’s preparer
lien has attached until that person receives written notice of
such lien, nor shall that person be liable to the producer for
any amounts paid out prior to receipt of said notice. The
notice required herein shall contain the information described
in RCW 60.13.040(2). If requested by the person responsible
for payment of such amounts, the producer must seasonably
furnish reasonable proof that the preparer lien continues to
exist and unless such proof is so furnished, that person has no
obligation to pay the producer. A preparer of dairy products
shall provide the name of the purchaser or marketing agent of
the products to the producer upon request.
Failure to furnish the written notice as provided in this
section shall not affect the status of the lien established under
this chapter in regard to the relationship with other creditors.
[1986 c 178 § 15.]
60.13.040
60.13.040 Filing of statement evidencing lien—Contents—Standard filing forms, fees, and procedures. (1) A
(2006 Ed.)
60.13.060
producer or commercial fisherman claiming a processor or
preparer lien may file a statement evidencing the lien with the
department of licensing after payment from the processor,
conditioner, or preparer to the producer or fisherman is due
and remains unpaid. For purposes of this subsection and
RCW 60.13.050, payment is due on the date specified in the
contract, or if not specified, then within thirty days from time
of delivery.
(2) The statement shall be in a record, authenticated by
the producer or fisherman, and shall contain in substance the
following information:
(a) A true statement or a reasonable estimate of the
amount demanded after deducting all credits and offsets;
(b) The name of the processor, conditioner, or preparer
who received the agricultural product or fish to be charged
with the lien;
(c) A description sufficient to identify the agricultural
product or fish to be charged with the lien;
(d) A statement that the amount claimed is a true and
bona fide existing debt as of the date of the filing of the notice
evidencing the lien;
(e) The date on which payment was due for the agricultural product or fish to be charged with the lien; and
(f) The department of licensing may by rule prescribe
standard filing forms, fees, and uniform procedures for filing
with, and obtaining information from, filing officers. [2002 c
278 § 2; 2001 c 32 § 6. Prior: 1987 c 189 § 7; 1987 c 148 §
3; 1985 c 412 § 4.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
60.13.050
60.13.050 Priority of lien. (1)(a) If a statement is filed
pursuant to RCW 60.13.040 within twenty days of the date
upon which payment from the processor, conditioner, or preparer to the producer or commercial fisherman is due and
remains unpaid, the processor or preparer lien evidenced by
the statement continues its priority over all other liens or
security interests upon agricultural products or fish, inventory, and accounts receivable, except as provided in (b) of
this subsection. Such priority is without regard to whether the
other liens or security interests attached before or after the
date on which the processor or preparer lien attached.
(b) The processor or preparer lien shall be subordinate to
liens for taxes or labor perfected before filing of the processor
or preparer lien.
(2) If the statement provided for in RCW 60.13.040 is
not filed within twenty days of the date payment is due and
remains unpaid, the processor or preparer lien shall thereupon
become subordinate to:
(a) A lien that has attached to the agricultural product or
fish, inventory, or accounts receivable before the date on
which the processor or preparer lien attaches; and
(b) A perfected security interest in the agricultural product or fish, inventory, or accounts receivable. [1987 c 148 §
4; 1985 c 412 § 5.]
60.13.060
60.13.060 Duration of lien—Statement of discharge.
(1) The processor lien shall terminate twelve months after,
and the preparer lien shall terminate fifty days after, the later
of the date of attachment or filing, unless a suit to foreclose
[Title 60 RCW—page 19]
60.13.070
Title 60 RCW: Liens
the lien has been filed before that time as provided in RCW
60.13.070.
(2) If a statement has been filed as provided in RCW
60.13.040 and the producer or commercial fisherman has
received payment for the obligation secured by the lien, the
producer or fisherman shall promptly file with the department of licensing a statement declaring that full payment has
been received and that the lien is discharged. If, after payment, the producer or fisherman fails to file such statement of
discharge within ten days following a request to do so, the
producer or fisherman shall be liable to the processor, conditioner, or preparer in the sum of one hundred dollars plus
actual damages caused by the failure. [2002 c 278 § 3; 1987
c 148 § 5; 1985 c 412 § 6.]
60.13.070
60.13.070 Foreclosure and enforcement of lien—
Costs. (1) The processor or preparer liens may be foreclosed
and enforced by civil action in superior court.
(2) In all suits to enforce processor or preparer liens, the
court shall, upon entering judgment, allow to the prevailing
party as a part of the costs, all moneys paid for the filing and
recording of the lien and reasonable attorney fees. [1985 c
412 § 7.]
Chapter 60.16
Chapter 60.16 RCW
LABOR LIENS ON ORCHARDS AND
ORCHARD LANDS
Sections
60.16.010
60.16.020
60.16.030
Liens authorized.
Notice of lien—Filing—Contents—Foreclosure.
Limitation of action to foreclose—Costs.
60.16.010 Liens authorized. Any person or corporation who shall do or cause to be done any labor upon any
orchard or orchard lands, in pruning, spraying, cultivating
and caring for the same, at the request of the owner thereof,
or his agent, shall have a lien upon such orchard and orchard
lands for such work and labor so performed. [1917 c 110 § 1;
RRS § 1131-1.]
60.16.010
60.16.020
60.16.020 Notice of lien—Filing—Contents—Foreclosure. Any person or corporation claiming the benefit of
this chapter, must within forty days after the close of such
work or labor for each season during which such work and
labor is done, file for record with the county auditor of the
county in which said work and labor was performed and in
which said land or part thereof is situated, a claim of lien
which shall be in substance in accordance with the provisions
of *RCW 60.04.060, so far as the same is applicable, which
said claim of lien shall be verified as in said section provided,
and such lien may be enforced in a civil action in the same
manner as near as may be, as provided in *RCW 60.04.120.
[1917 c 110 § 2; RRS § 1131-2.]
*Reviser’s note: RCW 60.04.060 and 60.04.120 were repealed by
1991 c 281 § 31, effective April 1, 1992.
60.16.030 Limitation of action to foreclose—Costs.
Any action to foreclose such claim of lien shall be brought
within eight calendar months after the filing of such claim for
lien as provided in RCW 60.16.020 and in any such action
brought to enforce such lien, the court shall allow as part of
the costs the money paid for making, filing and recording
such claim of lien and a reasonable attorney’s fee. [1917 c
110 § 3; RRS § 1131-3.]
Chapter 60.24
Chapter 60.24 RCW
LIEN FOR LABOR AND SERVICES ON
TIMBER AND LUMBER
Sections
60.24.020
60.24.030
60.24.033
60.24.035
60.24.038
60.24.040
60.24.070
60.24.075
60.24.080
60.24.100
60.24.110
60.24.120
60.24.130
60.24.140
60.24.150
60.24.160
60.24.170
60.24.180
60.24.190
60.24.195
60.24.200
Liens on saw logs, spars, piles, cord wood, shingle bolts or
other timber.
Lien on lumber—"Lumber" defined.
Lien on real property for labor or services on timber and lumber.
Lien for stumpage.
Priority of lien.
Period covered by labor liens.
Period covered by stumpage lien.
Claims—Contents—Form.
Filing claim for stumpage lien.
Recording claims—Fees.
Limitation of action.
Venue—Procedure.
Sheriff as receiver—Deposit to recover possession—Costs.
Pleadings by defendant—Amendments—Hearing.
Enforcement against all or part of property.
Errors in claim, effect of.
Purchase of property subject to lien—Presumption of notice.
Joinder—Costs.
Judgment—Sale—Disposition of proceeds.
Sale of property subject to lien—When.
Damages for eloigning, injuring, destroying or removing
marks, etc.—Recovery.
Lien under this chapter extends to real property on which labor and services
are performed: RCW 60.24.033.
60.24.020 Liens on saw logs, spars, piles, cord wood,
shingle bolts or other timber. Every person performing
labor upon or who shall assist in obtaining or securing saw
logs, spars, piles, cord wood, shingle bolts or other timber,
and the owner or owners of any tugboat or towboat, which
shall tow or assist in towing, from one place to another within
this state, any saw logs, spars, piles, cord wood, shingle bolts
or other timber, and the owner or owners of any team or any
logging engine, which shall haul or assist in hauling from one
place to another within this state, any saw logs, spars, piles,
cord wood, shingle bolts or other timber, and the owner or
owners of any logging or other railroad over which saw logs,
spars, piles, cord wood, shingle bolts, or other timber shall be
transported and delivered, shall have a lien upon the same for
the work or labor done upon, or in obtaining or securing, or
for services rendered in towing, transporting, hauling, or
driving, the particular saw logs, spars, cord wood, shingle
bolts, or other timber in said claim of lien described whether
such work, labor or services was done, rendered or performed
at the instance of the owner of the same or his agent. Scalers,
and bull cooks, and cooks, flunkeys and waiters in lumber
camps, shall be regarded as persons who assist in obtaining or
securing the timber herein mentioned. [1923 c 10 § 1; 1907 c
9 § 1; 1895 c 88 § 1; 1893 c 132 § 1; RRS § 1162. Prior:
Code 1881 § 1941; 1879 p 100 § 2; 1877 p 217 § 3; 1860 p
340 § 1.]
60.24.020
60.16.030
[Title 60 RCW—page 20]
60.24.030
60.24.030 Lien on lumber—"Lumber" defined.
Every person performing work or labor or assisting in manufacturing saw logs and other timber into lumber and shingles,
(2006 Ed.)
Lien for Labor and Services on Timber and Lumber
has a lien upon such lumber while the same remains at the
mill where it was manufactured, or in the possession or under
the control of the manufacturer, whether such work or labor
was done at the instance of the owner of such logs or his
agent or any contractor or subcontractor of such owner. The
term lumber, as used in this chapter, shall be held and be construed to mean all logs or other timber sawed or split for use,
including beams, joists, planks, boards, shingles, laths,
staves, hoops, and every article of whatsoever nature or
description manufactured from saw logs or other timber.
[1893 c 132 § 2; 1893 c 10 § 1; RRS § 1163. Prior: Code
1881 § 1942; 1877 p 217 § 4. Formerly RCW 60.24.010,
part.]
60.24.033
60.24.033 Lien on real property for labor or services
on timber and lumber. The lot tract, parcel of land, or any
other type of real property or real property improvements
upon which the type of activities listed in RCW 60.24.020,
60.24.030, or 60.24.035 are to be performed, or so much
property thereof as may be necessary to satisfy the lien and
the judgment thereon, to be determined by the court on rendering judgment in a foreclosure of lien, shall also be subject
to the lien to the extent of its interest of the persons who in
their own behalf, or through any of their agents, caused any
of the types of activities listed in RCW 60.24.020, 60.24.030,
or 60.24.035. [1986 c 179 § 1. Formerly RCW 60.04.045.]
60.24.035
60.24.035 Lien for stumpage. Any person who shall
permit another to go upon his timber land and cut thereon saw
logs, spars, piles or other timber, has a lien upon the same for
the price agreed to be paid for such privilege, or for the price
such privilege would be reasonably worth in case there was
no express agreement fixing the price. [1893 c 132 § 3; RRS
§ 1164. Prior: Code 1881 § 1943; 1877 p 217 § 5. Formerly
RCW 60.24.060.]
60.24.038
60.24.038 Priority of lien. The liens provided for in
this chapter are preferred liens and are prior to any other
liens, and no sale or transfer of any saw logs, spars, piles or
other timber or manufactured lumber or shingles shall divest
the lien thereon as herein provided, and as between liens provided for in this chapter those for work and labor shall be preferred: PROVIDED, That as between liens for work and
labor claimed by several laborers on the same logs or lot of
logs the claim or claims for work or labor done or performed
on the identical logs proceeded against to the extent that said
logs can be identified, shall be preferred as against the general claim of lien for work and labor recognized and provided
for in this chapter. [1893 c 132 § 4; RRS § 1165. Prior: Code
1881 § 1944; 1877 p 217 § 6. Formerly RCW 60.24.090.]
60.24.040
60.24.040 Period covered by labor liens. The person
rendering the service of [or] doing the work or labor named in
RCW 60.24.020 and 60.24.030 is only entitled to the liens as
provided herein for services, work or labor for the period of
eight calendar months, or any part thereof next preceding the
filing of the claim, as provided in *section 8 of this act. [1893
c 132 § 5; RRS § 1166. Prior: Code 1881 § 1945; 1877 p 217
§ 7.]
(2006 Ed.)
60.24.075
*Reviser’s note: "section 8 of this act" is codified as RCW 60.24.080.
Section 7 (codified as RCW 60.24.075) was probably intended.
60.24.070
60.24.070 Period covered by stumpage lien. The person granting the privilege mentioned in RCW 60.24.035 is
only entitled to the lien as provided therein for saw logs,
spars, piles and other timber cut during the eight months next
preceding the filing of the claim, as herein provided in RCW
60.24.075. [1893 c 132 § 6; RRS § 1167. Prior: Code 1881
§ 1946; 1877 p 217 § 8.]
60.24.075
60.24.075 Claims—Contents—Form. Every person,
within sixty days after the close of the rendition of the services, or after the close of the work or labor mentioned in the
preceding sections, claiming the benefit hereof, must file for
record with the county auditor of the county in which such
saw logs, spars, piles, and other timber were cut, or in which
such lumber or shingles were manufactured, a claim containing a statement of his demand and the amount thereof, after
deducting as nearly as possible all just credits and offsets,
with the name of the person by whom he was employed, with
a statement of the terms and conditions of his contract, if any,
and in case there is no express contract, the claim shall state
what such service, work, or labor is reasonably worth; and it
shall also contain a description of the property to be charged
with the lien sufficient for identification with reasonable certainty, which claim must be verified by the oath of himself or
some other person to the effect that the affiant believes the
same to be true, which claim shall be substantially in the following form:
. . . . . . Claimant, vs. . . . . . .
Notice is hereby given that . . . . . . of . . . . . . county,
state of Washington, claims a lien upon a . . . . . . . . . of
. . . . . ., being about . . . . . . in quantity, which were cut or
manufactured in . . . . . . county, state of Washington, are
marked thus . . . . . ., and are now lying in . . . . . . . . ., for
labor performed upon and assistance rendered in . . . . . . said
. . . . . .; that the name of the owner or reputed owner is
. . . . . .; that . . . . . . employed said . . . . . . to perform such
labor and render such assistance upon the following terms
and conditions, to wit:
The said . . . . . . agreed to pay the said . . . . . . for such
labor and assistance . . . . . .; that said contract has been faithfully performed and fully complied with on the part of said
. . . . . ., who performed labor upon and assisted in . . . . . .
said . . . . . . for the period of . . . . . .; that said labor and assistance were so performed and rendered upon said . . . . . .
between the . . . . day of . . . . . . and the . . . . day of . . . . . .;
and the rendition of said service was closed on the . . . . day
of . . . . . ., and sixty days have not elapsed since that time;
that the amount of claimant’s demand for said service is
. . . . . .; that no part thereof has been paid except . . . . . ., and
there is now due and remaining unpaid thereon, after deducting all just credits and offsets, the sum of . . . . . ., in which
amount he claims a lien upon said . . . . . . . . . The said . . . . . .
also claims a lien on all said . . . . . . now owned by said
. . . . . . of said county to secure payment for the work and
labor performed in obtaining or securing the said logs, spars,
piles, or other timber, lumber, or shingles herein described.
[Title 60 RCW—page 21]
60.24.080
Title 60 RCW: Liens
State of Washington, county of . . . . . . ss.
. . . . . . being first duly sworn, on oath says that he is
. . . . . . named in the foregoing claim, has heard the same
read, knows the contents thereof, and believes the same to be
true.
.....................
Subscribed and sworn to before me this . . . . day of
......
.....................
[1986 c 179 § 2; 1893 c 132 § 7; RRS § 1168. Prior: Code
1881 § 1947; 1879 p 100 § 4; 1877 p 217 § 9. Formerly RCW
60.24.050.]
60.24.080
60.24.080 Filing claim for stumpage lien. Every person mentioned in RCW 60.24.035 claiming the benefit
thereof must file for record with the county auditor of the
county in which such saw logs, spars, piles or other timber
were cut, a claim in substance the same as provided in RCW
60.24.075, and verified as therein provided. [1893 c 132 § 8;
RRS § 1169. Prior: Code 1881 § 1948; 1877 p 218 § 10.]
60.24.100
60.24.100 Recording claims—Fees. The county auditor must record any claim filed under this chapter in a book
kept by him for that purpose, which record must be indexed,
as deeds and other conveyances are required by law to be
indexed, and for which he may receive the same fees as are
allowed by law for recording deeds and other instruments.
[1893 c 132 § 9; RRS § 1170. Prior: Code 1881 § 1949; 1877
p 218 § 11.]
60.24.110
60.24.110 Limitation of action. No lien provided for in
this chapter binds any saw logs, spars, piles or other timber,
or lumber and shingles, for a longer period than eight calendar months after the claim as herein provided has been filed,
unless a civil action be commenced in a proper court, within
that time, to enforce the same: PROVIDED, HOWEVER,
That in case such civil action so commenced should for any
cause other than the merits, be nonsuited or dismissed, then
the lien shall continue for the term of one calendar month, if
the said eight months have expired, to permit the commencement of another action thereon, which shall be as effective in
prolonging the lien as if it had been entered during the term of
eight months hereinbefore stated. [1893 c 132 § 10; RRS §
1171. Prior: Code 1881 § 1950; 1879 p 100 § 5; 1877 p 218
§ 12.]
60.24.120
60.24.120 Venue—Procedure. The liens provided for
in this chapter shall be enforced by a civil action in the superior court of the county wherein the lien was filed, and shall
be governed by the laws regulating the proceedings in civil
actions touching the mode and manner of trial, and the proceedings and laws to secure property so as to hold it for the
satisfaction of any lien that be against it; except as hereinafter
otherwise provided. [1893 c 132 § 11; RRS § 1172. Prior:
Code 1881 § 1951; 1877 p 218 § 13.]
60.24.130
60.24.130 Sheriff as receiver—Deposit to recover
possession—Costs. The sheriff of the county wherein the
lien is filed shall be the receiver when one is appointed, and
[Title 60 RCW—page 22]
the superior court upon a showing made shall appoint such
receiver without notice, who shall be allowed such fees as
may seem just to the court, which fees shall be accounted for
by such sheriff as other fees collected by him in his official
capacity: PROVIDED, That at any time when any property
is in the custody of such sheriff under the provisions of this
chapter, and any person claiming any interest therein, may
deposit with the clerk of the court in which such action is
pending, a sum of money in an amount equal to the claim
sued upon, together with one hundred dollars, to cover costs
and interest, (unless the court shall make an order fixing a different amount to cover such costs and interest, then such an
amount as the court shall fix to secure such costs and interest,
which such action is being prosecuted) and shall have the
right to demand and receive forthwith from such sheriff the
possession and custody of such property: PROVIDED, That
in no action brought under the provisions of this chapter shall
costs be allowed to lien holders unless a demand has been
made for payment of his lien claim before commencement of
suit, unless the court shall find the claimants at time of bringing action had reasonable ground to believe that the owner or
the person having control of the property upon which such
lien is claimed was attempting to defraud such claimant, or
prevent the collection of such lien. [1899 c 90 § 1; 1893 c
132 § 12; RRS § 1173.]
60.24.140
60.24.140 Pleadings by defendant—Amendments—
Hearing. If the defendant or defendants appear in a suit to
enforce any lien provided by this chapter he or they shall
make their answer on the merits of the complaint, and any
motion or demurrer against the said complaint must be filed
with the answer; and no motion shall be allowed to make
complaint more definite and certain, if it appear to the court
that the defendant or defendants have or should have knowledge of the facts, or that it can be made more certain and definite by facts which will appear necessarily in the testimony;
but the case, unless the court sustains the demurrer to the
complaint, shall be heard on the merits as speedily as possible, and amendments of the pleadings, if necessary, shall be
liberally allowed. [1893 c 132 § 13; RRS § 1174.]
60.24.150
60.24.150 Enforcement against all or part of property. Any person who shall bring a civil action to enforce the
lien herein provided for, or any person having a lien as herein
provided for, who shall be made a party to any such civil
action, has the right to demand that such lien be enforced
against the whole or any part of the saw logs, spars, piles or
other timber or manufactured lumber or shingles upon which
he has performed labor or which he has assisted in securing
or obtaining, or which he has cut on his timber land during
the eight months next preceding the filing of his lien, for all
his labor upon or for all his assistance in obtaining or securing said logs, spars, piles or other timber, or in manufacturing
said lumber or shingles during the whole or any part of the
eight months mentioned in *section seven (7) of this act, or
for timber cut during the whole or any part of the eight
months above mentioned. And where proceedings are commenced against any lot of saw logs, spars, piles or other timber or lumber or shingles as herein provided, and some of the
lienors claim liens against the specific logs, spars, piles or
(2006 Ed.)
Lien for Labor, Materials, Taxes on Public Works
other timber or lumber or shingles proceeded against, and
others against the same generally, to secure their claims for
work and labor, the priority of the liens shall be determined as
hereinbefore provided. [1893 c 132 § 14; RRS § 1175. Prior:
Code 1881 § 1952; 1877 p 218 § 14.]
*Reviser’s note: "section seven (7) of this act" is codified as RCW
60.24.075. Section 5 (codified as RCW 60.24.040) was probably intended.
60.24.160
60.24.160 Errors in claim, effect of. No mistake or
error in the statement of the demand, or of the amount of
credits and offsets allowed, or of the balance asserted to be
due to claimant, nor in the description of the property against
which the claim is filed, shall invalidate the lien, unless the
court finds that such mistake or error in the statement of the
demand, credits and offsets or of the balance due was made
with intent to defraud, or the court shall find that an innocent
third party without notice, direct or constructive, has, since
the claim was filed, become the bona fide owner of the property liened upon, and that the notice of claim was so deficient
that it did not put the party upon further inquiry, in any manner. [1893 c 132 § 15; RRS § 1176.]
60.24.170
60.24.170 Purchase of property subject to lien—Presumption of notice. It shall be conclusively presumed by the
court that a party purchasing the property liened upon within
thirty days given herein to claimants wherein to file their
liens, is not an innocent third party, nor that he has become a
bona fide owner of the property liened upon, unless it shall
appear that he has paid full value for the said property, and
has seen that the purchase money of the said property has
been applied to the payment of such bona fide claims as are
entitled to liens upon the said property under the provisions
of this chapter, according to the priorities herein established.
[1893 c 132 § 16; RRS § 1177.]
60.24.195
60.24.195 Sale of property subject to lien—When.
The court or judge may order any property subject to a lien as
in this chapter provided to be sold by the sheriff as personal
property is sold on execution either before or at the time judgment is rendered, as provided in RCW 60.24.190, and the
proceeds of such sale must be paid into court to be applied as
in RCW 60.24.190 directed. [1893 c 132 § 19; RRS § 1180.
Prior: Code 1881 § 1955; 1877 p 219 § 17. Formerly RCW
60.24.190, part.]
Sale of property on execution: Chapter 6.21 RCW.
60.24.200
60.24.200 Damages for eloigning, injuring, destroying or removing marks, etc.—Recovery. Any person who
shall eloign, injure or destroy, or who shall render difficult,
uncertain or impossible of identification any saw logs, spars,
piles, shingles or other timber upon which there is a lien as
herein provided, without the express consent of the person
entitled to such lien, shall be liable to the lien holder for the
damages to the amount secured by his lien, and it being
shown to the court in the civil action to enforce said lien, it
shall be the duty of the court to enter a personal judgment for
the amount in such action against the said person, provided
he be a party to such action, or the damages may be recovered
by a civil action against such person. [1893 c 132 § 20; RRS
§ 1181. Prior: Code 1881 § 1956; 1877 p 219 § 18.]
Chapter 60.28 RCW
LIEN FOR LABOR, MATERIALS, TAXES
ON PUBLIC WORKS
Chapter 60.28
Sections
60.28.010
60.28.011
60.24.180
60.24.180 Joinder—Costs. Any number of persons
claiming liens under this chapter may join in the affidavit in
RCW 60.24.075 provided, and may join in the same action,
and when separate actions are commenced the court may consolidate them. The court shall also allow as part of the costs
the moneys paid for filing, making and recording the claim,
and a reasonable attorney’s fee for each person claiming a
lien. [1901 c 23 § 1; 1893 c 132 § 17; RRS § 1178. Prior:
Code 1881 § 1691; 1877 p 219 § 15.]
60.28.015
60.28.020
60.28.021
60.28.030
60.28.040
60.28.050
60.28.051
60.28.060
60.28.080
60.24.190
60.24.190 Judgment—Sale—Disposition of proceeds.
In each civil action judgment must be rendered in favor of
each person having a lien for the amount due to him, and the
court or judge thereof shall order any property subject to the
lien herein provided for to be sold by the sheriff of the proper
county in the same manner that personal property is sold on
execution, and the court or judge shall apportion the proceeds
of such sale to the payment of each judgment, according to
the priorities established in this chapter pro rata in its class
according to the amount of such judgment. [1893 c 132 § 18;
RRS § 1179. Prior: Code 1881 § 1954; 1877 p 219 § 16.
FORMER PART OF SECTION: 1893 c 132 § 19; RRS §
1180 now codified as RCW 60.24.195.]
Sale of property on execution: Chapter 6.21 RCW.
(2006 Ed.)
60.28.010
60.28.900
Retained percentage—Labor and material lien created—Bond
in lieu of retained funds—Termination before completion—
Chapter deemed exclusive—Release of ferry contract payments—Projects of farmers home administration.
Retained percentage—Labor and material lien created—Bond
in lieu of retained funds—Termination before completion—
Chapter deemed exclusive—Release of ferry contract payments—Projects of farmers home administration—General
contractor/construction manager procedure—Definitions.
Recovery from retained percentage—Written notice to contractor of materials furnished.
Excess over lien claims to contractor.
Excess over lien claims paid to contractor.
Foreclosure of lien—Limitation of action—Release of funds.
Tax liens—Priority of liens.
Duties of disbursing officer upon final acceptance of contract.
Duties of disbursing officer upon completion of contract.
Duties of disbursing officer upon final acceptance of contract—Payments to department of revenue.
Delay due to litigation—Change order or force account directive—Costs—Arbitration—Termination.
Severability—1955 c 236.
Contractor’s bond for payment of mechanics, laborers, materialmen, etc., on
public works: Chapter 39.08 RCW.
60.28.010
60.28.010 Retained percentage—Labor and material
lien created—Bond in lieu of retained funds—Termination before completion—Chapter deemed exclusive—
Release of ferry contract payments—Projects of farmers
home administration. (1) Contracts for public improvements or work, other than for professional services, by the
state, or any county, city, town, district, board, or other public
body, herein referred to as "public body", shall provide, and
there shall be reserved by the public body from the moneys
earned by the contractor on estimates during the progress of
[Title 60 RCW—page 23]
60.28.010
Title 60 RCW: Liens
the improvement or work, a sum not to exceed five percent,
said sum to be retained by the state, county, city, town, district, board, or other public body, as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or materialman who shall perform any labor upon
such contract or the doing of said work, and all persons who
shall supply such person or persons or subcontractors with
provisions and supplies for the carrying on of such work, and
the state with respect to taxes imposed pursuant to Title 82
RCW which may be due from such contractor. Every person
performing labor or furnishing supplies toward the completion of said improvement or work shall have a lien upon said
moneys so reserved: PROVIDED, That such notice of the
lien of such claimant shall be given in the manner and within
the time provided in RCW 39.08.030 as now existing and in
accordance with any amendments that may hereafter be made
thereto: PROVIDED FURTHER, That the board, council,
commission, trustees, officer or body acting for the state,
county or municipality or other public body; (a) at any time
after fifty percent of the original contract work has been completed, if it finds that satisfactory progress is being made,
may make any of the partial payments which would otherwise be subsequently made in full; but in no event shall the
amount to be retained be reduced to less than five percent of
the amount of the moneys earned by the contractor: PROVIDED, That the contractor may request that retainage be
reduced to one hundred percent of the value of the work
remaining on the project; and (b) thirty days after completion
and acceptance of all contract work other than landscaping,
may release and pay in full the amounts retained during the
performance of the contract (other than continuing retention
of five percent of the moneys earned for landscaping) subject
to the provisions of RCW 60.28.020.
(2) The moneys reserved under the provisions of subsection (1) of this section, at the option of the contractor, shall
be:
(a) Retained in a fund by the public body until thirty days
following the final acceptance of said improvement or work
as completed;
(b) Deposited by the public body in an interest bearing
account in a bank, mutual savings bank, or savings and loan
association, not subject to withdrawal until after the final
acceptance of said improvement or work as completed, or
until agreed to by both parties: PROVIDED, That interest on
such account shall be paid to the contractor;
(c) Placed in escrow with a bank or trust company by the
public body until thirty days following the final acceptance of
said improvement or work as completed. When the moneys
reserved are to be placed in escrow, the public body shall
issue a check representing the sum of the moneys reserved
payable to the bank or trust company and the contractor
jointly. Such check shall be converted into bonds and securities chosen by the contractor and approved by the public body
and such bonds and securities shall be held in escrow. Interest
on such bonds and securities shall be paid to the contractor as
the said interest accrues.
(3) The contractor or subcontractor may withhold payment of not more than five percent from the moneys earned
by any subcontractor or sub-subcontractor or supplier contracted with by the contractor to provide labor, materials, or
equipment to the public project. Whenever the contractor or
[Title 60 RCW—page 24]
subcontractor reserves funds earned by a subcontractor or
sub-subcontractor or supplier, the contractor or subcontractor
shall pay interest to the subcontractor or sub-subcontractor or
supplier at a rate equal to that received by the contractor or
subcontractor from reserved funds.
(4) With the consent of the public body the contractor
may submit a bond for all or any portion of the amount of
funds retained by the public body in a form acceptable to the
public body. Such bond and any proceeds therefrom shall be
made subject to all claims and liens and in the same manner
and priority as set forth for retained percentages in this chapter. The public body shall release the bonded portion of the
retained funds to the contractor within thirty days of accepting the bond from the contractor. Whenever a public body
accepts a bond in lieu of retained funds from a contractor, the
contractor shall accept like bonds from any subcontractors or
suppliers from which the contractor has retained funds. The
contractor shall then release the funds retained from the subcontractor or supplier to the subcontractor or supplier within
thirty days of accepting the bond from the subcontractor or
supplier.
(5) If the public body administering a contract, after a
substantial portion of the work has been completed, finds that
an unreasonable delay will occur in the completion of the
remaining portion of the contract for any reason not the result
of a breach thereof, it may, if the contractor agrees, delete
from the contract the remaining work and accept as final the
improvement at the stage of completion then attained and
make payment in proportion to the amount of the work
accomplished and in such case any amounts retained and
accumulated under this section shall be held for a period of
thirty days following such acceptance. In the event that the
work shall have been terminated before final completion as
provided in this section, the public body may thereafter enter
into a new contract with the same contractor to perform the
remaining work or improvement for an amount equal to or
less than the cost of the remaining work as was provided for
in the original contract without advertisement or bid. The
provisions of this chapter 60.28 RCW shall be deemed exclusive and shall supersede all provisions and regulations in conflict herewith.
(6) Whenever the department of transportation has contracted for the construction of two or more ferry vessels,
thirty days after completion and final acceptance of each
ferry vessel, the department may release and pay in full the
amounts retained in connection with the construction of such
vessel subject to the provisions of RCW 60.28.020: PROVIDED, That the department of transportation may at its discretion condition the release of funds retained in connection
with the completed ferry upon the contractor delivering a
good and sufficient bond with two or more sureties, or with a
surety company, in the amount of the retained funds to be
released to the contractor, conditioned that no taxes shall be
certified or claims filed for work on such ferry after a period
of thirty days following final acceptance of such ferry; and if
such taxes are certified or claims filed, recovery may be had
on such bond by the department of revenue and the materialmen and laborers filing claims.
(7) Contracts on projects funded in whole or in part by
farmers home administration and subject to farmers home
administration regulations shall not be subject to subsections
(2006 Ed.)
Lien for Labor, Materials, Taxes on Public Works
(1) through (6) of this section. [1986 c 181 § 6; 1984 c 146 §
1; 1982 c 170 § 1; 1981 c 260 § 14. Prior: 1977 ex.s. c 205 §
1; 1977 ex.s. c 166 § 5; 1975 1st ex.s. c 104 § 1; 1970 ex.s. c
38 § 1; 1969 ex.s. c 151 § 1; 1963 c 238 § 1; 1955 c 236 § 1;
1921 c 166 § 1; RRS § 10320.]
Application—1992 c 233: See RCW 39.04.901.
Severability—1977 ex.s. c 166: See note following RCW 39.08.030.
60.28.011
60.28.011 Retained percentage—Labor and material
lien created—Bond in lieu of retained funds—Termination before completion—Chapter deemed exclusive—
Release of ferry contract payments—Projects of farmers
home administration—General contractor/construction
manager procedure—Definitions. (1) Public improvement
contracts shall provide, and public bodies shall reserve, a
contract retainage not to exceed five percent of the moneys
earned by the contractor as a trust fund for the protection and
payment of: (a) The claims of any person arising under the
contract; and (b) the state with respect to taxes imposed pursuant to Title 82 RCW which may be due from such contractor.
(2) Every person performing labor or furnishing supplies
toward the completion of a public improvement contract shall
have a lien upon moneys reserved by a public body under the
provisions of a public improvement contract. However, the
notice of the lien of the claimant shall be given within fortyfive days of completion of the contract work, and in the manner provided in RCW 39.08.030.
(3) The contractor at any time may request the contract
retainage be reduced to one hundred percent of the value of
the work remaining on the project.
(a) After completion of all contract work other than landscaping, the contractor may request that the public body
release and pay in full the amounts retained during the performance of the contract, and sixty days thereafter the public
body must release and pay in full the amounts retained (other
than continuing retention of five percent of the moneys
earned for landscaping) subject to the provisions of chapters
39.12 and 60.28 RCW.
(b) Sixty days after completion of all contract work the
public body must release and pay in full the amounts retained
during the performance of the contract subject to the provisions of chapters 39.12 and 60.28 RCW.
(4) The moneys reserved by a public body under the provisions of a public improvement contract, at the option of the
contractor, shall be:
(a) Retained in a fund by the public body;
(b) Deposited by the public body in an interest bearing
account in a bank, mutual savings bank, or savings and loan
association. Interest on moneys reserved by a public body
under the provision of a public improvement contract shall be
paid to the contractor;
(c) Placed in escrow with a bank or trust company by the
public body. When the moneys reserved are placed in
escrow, the public body shall issue a check representing the
sum of the moneys reserved payable to the bank or trust company and the contractor jointly. This check shall be converted into bonds and securities chosen by the contractor and
approved by the public body and the bonds and securities
(2006 Ed.)
60.28.011
shall be held in escrow. Interest on the bonds and securities
shall be paid to the contractor as the interest accrues.
(5) The contractor or subcontractor may withhold payment of not more than five percent from the moneys earned
by any subcontractor or sub-subcontractor or supplier contracted with by the contractor to provide labor, materials, or
equipment to the public project. Whenever the contractor or
subcontractor reserves funds earned by a subcontractor or
sub-subcontractor or supplier, the contractor or subcontractor
shall pay interest to the subcontractor or sub-subcontractor or
supplier at a rate equal to that received by the contractor or
subcontractor from reserved funds.
(6) A contractor may submit a bond for all or any portion
of the contract retainage in a form acceptable to the public
body and from a bonding company meeting standards established by the public body. The public body shall accept a
bond meeting these requirements unless the public body can
demonstrate good cause for refusing to accept it. This bond
and any proceeds therefrom are subject to all claims and liens
and in the same manner and priority as set forth for retained
percentages in this chapter. The public body shall release the
bonded portion of the retained funds to the contractor within
thirty days of accepting the bond from the contractor. Whenever a public body accepts a bond in lieu of retained funds
from a contractor, the contractor shall accept like bonds from
any subcontractors or suppliers from which the contractor has
retained funds. The contractor shall then release the funds
retained from the subcontractor or supplier to the subcontractor or supplier within thirty days of accepting the bond from
the subcontractor or supplier.
(7) If the public body administering a contract, after a
substantial portion of the work has been completed, finds that
an unreasonable delay will occur in the completion of the
remaining portion of the contract for any reason not the result
of a breach thereof, it may, if the contractor agrees, delete
from the contract the remaining work and accept as final the
improvement at the stage of completion then attained and
make payment in proportion to the amount of the work
accomplished and in this case any amounts retained and
accumulated under this section shall be held for a period of
sixty days following the completion. In the event that the
work is terminated before final completion as provided in this
section, the public body may thereafter enter into a new contract with the same contractor to perform the remaining work
or improvement for an amount equal to or less than the cost
of the remaining work as was provided for in the original
contract without advertisement or bid. The provisions of this
chapter are exclusive and shall supersede all provisions and
regulations in conflict herewith.
(8) Whenever the department of transportation has contracted for the construction of two or more ferry vessels, sixty
days after completion of all contract work on each ferry vessel, the department must release and pay in full the amounts
retained in connection with the construction of the vessel
subject to the provisions of RCW 60.28.020 and chapter
39.12 RCW. However, the department of transportation may
at its discretion condition the release of funds retained in connection with the completed ferry upon the contractor delivering a good and sufficient bond with two or more sureties, or
with a surety company, in the amount of the retained funds to
be released to the contractor, conditioned that no taxes shall
[Title 60 RCW—page 25]
60.28.015
Title 60 RCW: Liens
be certified or claims filed for work on the ferry after a period
of sixty days following completion of the ferry; and if taxes
are certified or claims filed, recovery may be had on the bond
by the department of revenue and the materialmen and laborers filing claims.
(9) Except as provided in subsection (1) of this section,
reservation by a public body for any purpose from the moneys earned by a contractor by fulfilling its responsibilities
under public improvement contracts is prohibited.
(10) Contracts on projects funded in whole or in part by
farmers home administration and subject to farmers home
administration regulations are not subject to subsections (1)
through (9) of this section.
(11) This subsection applies only to a public body that
has contracted for the construction of a facility using the general contractor/construction manager procedure, as defined
under RCW 39.10.061. If the work performed by a subcontractor on the project has been completed within the first half
of the time provided in the general contractor/construction
manager contract for completing the work, the public body
may accept the completion of the subcontract. The public
body must give public notice of this acceptance. After a
forty-five day period for giving notice of liens, and compliance with the retainage release procedures in RCW
60.28.021, the public body may release that portion of the
retained funds associated with the subcontract. Claims
against the retained funds after the forty-five day period are
not valid.
(12) Unless the context clearly requires otherwise, the
definitions in this subsection apply throughout this section.
(a) "Contract retainage" means an amount reserved by a
public body from the moneys earned by a person under a public improvement contract.
(b) "Person" means a person or persons, mechanic, subcontractor, or materialperson who performs labor or provides
materials for a public improvement contract, and any other
person who supplies the person with provisions or supplies
for the carrying on of a public improvement contract.
(c) "Public body" means the state, or a county, city,
town, district, board, or other public body.
(d) "Public improvement contract" means a contract for
public improvements or work, other than for professional services, or a work order as defined in RCW 39.10.020. [2003 c
301 § 7; 2000 c 185 § 1; 1994 c 101 § 1; 1992 c 223 § 2.]
Effective date—1992 c 223: See note following RCW 39.76.011.
Waiver of rights, construction—Application—1992 c 223: See
RCW 39.04.900 and 39.04.901.
60.28.015
60.28.015 Recovery from retained percentage—
Written notice to contractor of materials furnished.
Every person, firm, or corporation furnishing materials, supplies, or equipment to be used in the construction, performance, carrying on, prosecution, or doing of any work for the
state, or any county, city, town, district, municipality, or
other public body, shall give to the contractor of the work a
notice in writing, which notice shall cover the material, supplies, or equipment furnished or leased during the sixty days
preceding the giving of such notice as well as all subsequent
materials, supplies, or equipment furnished or leased, stating
in substance and effect that such person, firm, or corporation
is and/or has furnished materials and supplies, or equipment
[Title 60 RCW—page 26]
for use thereon, with the name of the subcontractor ordering
the same, and that a lien against the retained percentage may
be claimed for all materials and supplies, or equipment furnished by such person, firm, or corporation for use thereon,
which notice shall be given by (1) mailing the same by registered or certified mail in an envelope addressed to the contractor, or (2) by serving the same personally upon the contractor or the contractor’s representative and obtaining evidence of such service in the form of a receipt or other
acknowledgement signed by the contractor or the contractor’s representative, and no suit or action shall be maintained
in any court against the retained percentage to recover for
such material, supplies, or equipment or any part thereof
unless the provisions of this section have been complied with.
[1986 c 314 § 5.]
60.28.020
60.28.020 Excess over lien claims to contractor. After
the expiration of the thirty day period, and after receipt of the
department of revenue’s certificate, and the public body is
satisfied that the taxes certified as due or to become due by
the department of revenue are discharged, and the claims of
materialmen and laborers who have filed their claims,
together with a sum sufficient to defray the cost of foreclosing the liens of such claims, and to pay attorneys’ fees, have
been paid, the public body shall pay to the contractor the fund
retained by it or release to the contractor the securities and
bonds held in escrow.
If such taxes have not been discharged or the claims,
expenses, and fees have not been paid, the public body shall
either retain in its fund, or in an interest bearing account, or
retain in escrow, at the option of the contractor, an amount
equal to such unpaid taxes and unpaid claims together with a
sum sufficient to defray the costs and attorney fees incurred
in foreclosing the lien of such claims, and shall pay, or
release from escrow, the remainder to the contractor. [1975
1st ex.s. c 104 § 2; 1970 ex.s. c 38 § 2; 1967 ex.s. c 26 § 23;
1955 c 236 § 2; 1921 c 166 § 2; RRS § 10321.]
Application—1992 c 223: See RCW 39.04.901.
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
60.28.021
60.28.021 Excess over lien claims paid to contractor.
After the expiration of the forty-five day period for giving
notice of lien provided in RCW 60.28.011(2), and after
receipt of the department of revenue’s certificate, and the
public body is satisfied that the taxes certified as due or to
become due by the department of revenue are discharged, and
the claims of materialmen and laborers who have filed their
claims, together with a sum sufficient to defray the cost of
foreclosing the liens of such claims, and to pay attorneys’
fees, have been paid, the public body may withhold from the
remaining retained amounts for claims the public body may
have against the contractor and shall pay the balance, if any,
to the contractor the fund retained by it or release to the contractor the securities and bonds held in escrow.
If such taxes have not been discharged or the claims,
expenses, and fees have not been paid, the public body shall
either retain in its fund, or in an interest bearing account, or
retain in escrow, at the option of the contractor, an amount
equal to such unpaid taxes and unpaid claims together with a
sum sufficient to defray the costs and attorney fees incurred
(2006 Ed.)
Lien for Labor, Materials, Taxes on Public Works
in foreclosing the lien of such claims, and shall pay, or
release from escrow, the remainder to the contractor. [1992 c
223 § 3.]
Effective date—1992 c 223: See note following RCW 39.76.011.
Waiver of rights, construction—Application—1992 c 223: See
RCW 39.04.900 and 39.04.901.
60.28.030
60.28.030 Foreclosure of lien—Limitation of
action—Release of funds. Any person, firm, or corporation
filing a claim against the reserve fund shall have four months
from the time of the filing thereof in which to bring an action
to foreclose the lien. The lien shall be enforced by action in
the superior court of the county where filed, and shall be governed by the laws regulating the proceedings in civil actions
touching the mode and manner of trial and the proceedings
and laws to secure property so as to hold it for the satisfaction
of any lien against it: PROVIDED, That the public body
shall not be required to make any detailed answer to any complaint or other pleading but need only certify to the court the
name of the contractor; the work contracted to be done; the
date of the contract; the date of completion and final acceptance of the work; the amount retained; the amount of taxes
certified due or to become due to the state; and all claims filed
with it showing respectively the dates of filing, the names of
claimants, and amounts claimed. Such certification shall
operate to arrest payment of so much of the funds retained as
is required to discharge the taxes certified due or to become
due and the claims filed in accordance with this chapter. In
any action brought to enforce the lien, the claimant, if he prevails, is entitled to recover, in addition to all other costs, attorney fees in such sum as the court finds reasonable. If a claimant fails to bring action to foreclose his lien within the four
months period, the reserve fund shall be discharged from the
lien of his claim and the funds shall be paid to the contractor.
The four months limitation shall not, however, be construed
as a limitation upon the right to sue the contractor or his
surety where no right of foreclosure is sought against the
fund. [1979 ex.s. c 38 § 1; 1955 c 236 § 3; 1927 c 241 § 1;
1921 c 166 § 3; RRS § 10322.]
60.28.060
60.28.050 Duties of disbursing officer upon final
acceptance of contract. Upon final acceptance of a contract,
the state, county or other municipal officer charged with the
duty of disbursing or authorizing disbursement or payment of
such contracts shall forthwith notify the department of revenue of the completion of contracts over twenty thousand dollars. Such officer shall not make any payment from the
retained percentage fund or release any retained percentage
escrow account to any person, until he has received from the
department of revenue a certificate that all taxes, increases
and penalties due from the contractor, and all taxes due and to
become due with respect to such contract have been paid in
full or that they are, in the department’s opinion, readily collectible without recourse to the state’s lien on the retained
percentage. [1982 c 170 § 2; 1970 ex.s. c 38 § 3; 1967 ex.s.
c 26 § 24; 1955 c 236 § 5. Prior: 1949 c 228 § 27, part; Rem.
Supp. 1949 § 8370-204a, part; RCW 82.32.250, part.]
60.28.050
Application—1992 c 223: See RCW 39.04.901.
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
60.28.051 Duties of disbursing officer upon completion of contract. Upon completion of a contract, the state,
county or other municipal officer charged with the duty of
disbursing or authorizing disbursement or payment of such
contracts shall forthwith notify the department of revenue of
the completion of contracts over twenty thousand dollars.
Such officer shall not make any payment from the retained
percentage fund or release any retained percentage escrow
account to any person, until he has received from the department of revenue a certificate that all taxes, increases and penalties due from the contractor, and all taxes due and to
become due with respect to such contract have been paid in
full or that they are, in the department’s opinion, readily collectible without recourse to the state’s lien on the retained
percentage. [1992 c 223 § 4.]
60.28.051
Effective date—1992 c 223: See note following RCW 39.76.011.
Waiver of rights, construction—Application—1992 c 223: See
RCW 39.04.900 and 39.04.901.
60.28.060 Duties of disbursing officer upon final
acceptance of contract—Payments to department of revenue. If within thirty days after receipt of notice by the department of revenue of the completion of the contract, the amount
of all taxes, increases and penalties due from the contractor or
any of his successors or assignees or to become due with
respect to such contract have not been paid, the department of
revenue may certify to the disbursing officer the amount of
all taxes, increases and penalties due from the contractor,
together with the amount of all taxes due and to become due
with respect to the contract and may request payment thereof
to the department of revenue in accordance with the priority
provided by this chapter. The disbursing officer shall within
ten days after receipt of such certificate and request pay to the
department of revenue the amount of all taxes, increases and
penalties certified to be due or to become due with respect to
the particular contract, and, after payment of all claims which
by statute are a lien upon the retained percentage withheld by
the disbursing officer, shall pay to the department of revenue
the balance, if any, or so much thereof as shall be necessary
to satisfy the claim of the department of revenue for the balance of all taxes, increases or penalties shown to be due by
60.28.060
60.28.040
60.28.040 Tax liens—Priority of liens. The amount of
all taxes, increases and penalties due or to become due under
Title 82 RCW, from a contractor or the contractor’s successors or assignees with respect to a public improvement contract wherein the contract price is twenty thousand dollars or
more shall be a lien prior to all other liens upon the amount of
the retained percentage withheld by the disbursing officer
under such contract, except that the employees of a contractor
or the contractor’s successors or assignees who have not been
paid the prevailing wage under such a public improvement
contract shall have a first priority lien against the bond or
retainage prior to all other liens. The amount of all other
taxes, increases and penalties due and owing from the contractor shall be a lien upon the balance of such retained percentage remaining in the possession of the disbursing officer
after all other statutory lien claims have been paid. [1985 c
80 § 1; 1971 ex.s. c 299 § 1; 1955 c 236 § 4. Prior: 1949 c 228
§ 27, part; Rem. Supp. 1949 § 8370-204a, part; RCW
82.32.250, part.]
Severability—Effective dates—1971 ex.s. c 299: See notes following
RCW 82.04.050.
(2006 Ed.)
[Title 60 RCW—page 27]
60.28.080
Title 60 RCW: Liens
the certificate of the department of revenue. If the contractor
owes no taxes imposed pursuant to Title 82 RCW, the department of revenue shall so certify to the disbursing officer.
[1967 ex.s. c 26 § 25; 1955 c 236 § 6. Prior: 1949 c 228 § 27,
part; Rem. Supp. 1949 § 8370-204a, part; RCW 82.32.250,
part.]
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
Chapter 60.32 RCW
LABOR LIENS ON FRANCHISES, EARNINGS, AND
PROPERTY OF CERTAIN COMPANIES
Chapter 60.32
Sections
60.32.010
60.32.020
60.32.030
60.32.040
60.32.050
Liens authorized.
Notice of lien—Contents—Filing and serving.
Manner of serving notice.
Manner of enforcing liens.
Receiver or assignee to pay claims first.
60.28.080
60.28.080 Delay due to litigation—Change order or
force account directive—Costs—Arbitration—Termination. (1) If any delay in issuance of notice to proceed or in
construction following an award of any public construction
contract is primarily caused by acts or omissions of persons
or agencies other than the contractor and a preliminary, special or permanent restraining order of a court of competent
jurisdiction is issued pursuant to litigation and the appropriate public contracting body does not elect to delete the completion of the contract as provided by *RCW 60.28.010(3),
the appropriate contracting body will issue a change order or
force account directive to cover reasonable costs incurred by
the contractor as a result of such delay. These costs shall
include but not be limited to contractor’s costs for wages,
labor costs other than wages, wage taxes, materials, equipment rentals, insurance, bonds, professional fees, and subcontracts, attributable to such delay plus a reasonable sum for
overhead and profit.
In the event of a dispute between the contracting body
and the contractor, arbitration procedures may be commenced under the applicable terms of the construction contract, or, if the contract contains no such provision for arbitration, under the then obtaining rules of the American Arbitration Association.
If the delay caused by litigation exceeds six months, the
contractor may then elect to terminate the contract and to
delete the completion of the contract and receive payment in
proportion to the amount of the work completed plus the cost
of the delay. Amounts retained and accumulated under RCW
60.28.010 shall be held for a period of thirty days following
the election of the contractor to terminate. Election not to terminate the contract by the contractor shall not affect the accumulation of costs incurred as a result of the delay provided
above.
(2) This section shall not apply to any contract awarded
pursuant to an invitation for bid issued on or before July 16,
1973. [1982 c 170 § 3; 1973 1st ex.s. c 62 § 3.]
*Reviser’s note: RCW 60.28.010 was amended by 1982 c 170 § 1,
changing subsection (3) to subsection (5).
Severability—1973 1st ex.s. c 62: See note following RCW 39.04.120.
Change orders due to environmental protection requirements, costs: RCW
39.04.120.
60.32.010
60.32.010 Liens authorized. Every person performing
labor for any person, company or corporation, in the operation of any railway, canal or transportation company, or any
water, mining or manufacturing company, sawmill, lumber
or timber company, shall have a prior lien on the franchise,
earnings, and on all the real and personal property of said person, company or corporation, which is used in the operation
of its business, to the extent of the moneys due him from such
person, company or corporation, operating said franchise or
business, for labor performed within six months next preceding the filing of his claim therefor, as hereinafter provided;
and no mortgage, deed of trust or conveyance shall defeat or
take precedence over said lien. [1897 c 43 § 1; RRS § 1149.]
60.32.020
60.32.020 Notice of lien—Contents—Filing and serving. No person shall be entitled to the lien given by RCW
60.32.010, unless he shall, within ninety days after he has
ceased to perform labor for such person, company or corporation, filed for record with the county auditor of the county
in which said labor was performed, or in which is located the
principal office of such person, company or corporation in
this state, a notice of claim, containing a statement of his
demand, after deducting all just credits and offsets, the name
of the person, company or corporation, and the name of the
person or persons employing claimant, if known, with the
statement of the terms and conditions of his contract, if any,
and the time he commenced the employment, and the date of
his last service, and shall serve a copy thereof on said person,
company or corporation within thirty days after the same is so
filed for record.
Any number of claimants may join in the same notice for
the purpose of filing and enforcing their liens, but the amount
claimed by each claimant shall be separately stated. [1977
ex.s. c 176 § 1; 1897 c 43 § 2; RRS § 1150.]
60.32.030
60.32.030 Manner of serving notice. Service of notice,
as herein required, may be made in the same manner as summons in civil actions. [1897 c 43 § 3; RRS § 1151.]
Service of summons in civil actions: RCW 4.28.080.
60.32.040
60.32.040 Manner of enforcing liens. Any such lien
may be enforced within the same time and in the same manner as mechanics’ liens are foreclosed. [1897 c 43 § 4; RRS
§ 1152.]
60.28.900
60.28.900 Severability—1955 c 236. If any section,
provision or part of this chapter shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect
the validity of this chapter as a whole or any section, provision or part hereof not adjudged invalid or unconstitutional.
[1955 c 236 § 8.]
[Title 60 RCW—page 28]
60.32.050
60.32.050 Receiver or assignee to pay claims first.
Whenever a receiver or assignee is appointed for any person,
company or corporation, the court shall require such receiver
or assignee to pay all claims for which a lien could be filed
under this chapter, before the payment of any other debts or
(2006 Ed.)
Lien of Restaurant, Hotel, Tavern, Etc., Employees
claims, other than operating expenses. [1897 c 43 § 5; RRS §
1153.]
Chapter 60.36
60.36.030
Chapter 60.36 RCW
LIEN ON VESSELS AND EQUIPMENT
Sections
Chapter 60.34
Chapter 60.34 RCW
LIEN OF RESTAURANT, HOTEL, TAVERN,
ETC., EMPLOYEES
Sections
60.34.010
60.34.020
60.34.030
60.34.040
60.34.050
Liens authorized.
Notice of lien—Contents—Filing and serving.
Manner of serving notice.
Manner of enforcing liens—Costs.
Priority of lien.
60.34.010
60.34.010 Liens authorized. Every person performing
labor in the operation of any restaurant, hotel, tavern, or other
place of business engaged in the selling of prepared foods or
drinks, or any hotel service employee, shall have a lien on the
earnings and on all the property of his employer used in the
operation of said business to the extent of the moneys due
him for labor performed within three months next preceding
the filing of his claim therefor. [1953 c 205 § 1.]
60.34.020
60.34.020 Notice of lien—Contents—Filing and serving. The lien claimant shall within thirty days after he has
ceased to perform such labor, file for record with the auditor
of the county in which the labor was performed a notice of
claim, containing a statement of his demand, the name of the
employer and the name of the person employing him, if
known, with a statement of the terms and conditions of his
contract, if any, and the time he commenced the employment,
and the date of his last service, and shall serve or mail a copy
thereof to said employer within said period. [1953 c 205 § 2.]
60.34.030
60.34.030 Manner of serving notice. Service of the
notice of claim may be made in the same manner as summons
in civil actions. [1953 c 205 § 3.]
Service of summons in civil actions: RCW 4.28.080.
60.34.040
60.34.040 Manner of enforcing liens—Costs. The lien
may be enforced within the same time and in the same manner as mechanics’ liens are foreclosed, when said lien is upon
real property, or in the same manner as provided in chapter
60.10 RCW when the lien is upon personal property. The
court may allow as part of the costs of the action the money
paid for filing or recording the claim and a reasonable attorney fee. [1995 c 62 § 8; 1969 c 82 § 12; 1959 c 173 § 1; 1953
c 205 § 4.]
60.34.050
60.34.050 Priority of lien. The lien created herein shall
be preferred to any encumbrance which may attach after the
commencement of the labor and is also preferred to any
encumbrance which may have attached previously to that
time, but which was not filed or recorded so as to create constructive notice thereof prior to that time, and of which the
lien claimant had no notice. [1953 c 205 § 5.]
(2006 Ed.)
60.36.010
60.36.020
60.36.030
60.36.040
60.36.050
60.36.060
Liens created.
Actions to enforce liens.
Liens for handling cargo.
Liens for handling cargo—Priority.
Liens for handling cargo—Foreclosure.
Lien for breach of contract for towing, dunnaging, stevedoring, etc.
60.36.010
60.36.010 Liens created. All steamers, vessels and
boats, their tackle, apparel and furniture, are liable—
(1) For service rendered on board at the request of, or
under contract with their respective owners, charterers, masters, agents or consignees.
(2) For work done or material furnished in this state for
their construction, repair or equipment at the request of their
respective owners, charterers, masters, agents, consignees,
contractors, subcontractors, or other person or persons having
charge in whole or in part of their construction, alteration,
repair or equipment; and every contractor, builder or person
having charge, either in whole or in part, of the construction,
alteration, repair or equipment of any steamer, vessel or boat,
shall be held to be the agent of the owner for the purposes of
RCW 60.36.010 and 60.36.020, and for supplies furnished in
this state for their use, at the request of their respective owners, charterers, masters, agents or consignees, and any person
having charge, either in whole or in part, of the purchasing of
supplies for the use of any such steamer, vessel or boat, shall
be held to be the agent of the owner for the purposes of RCW
60.36.010 and 60.36.020.
(3) For their wharfage and anchorage within this state.
(4) For nonperformance or malperformance of any contract for the transportation of persons or property between
places within this state, or to or from places within this state,
made by their respective owners, masters, agents or consignees.
(5) For injuries committed by them to persons or property within this state, or while transporting such persons or
property to or from this state. Demands for these several
causes constitute liens upon all steamers, vessels and boats,
and their tackle, apparel and furniture, and have priority in
the order of the subdivisions hereinbefore enumerated, and
have preference over all other demands; but such liens continue in force only for a period of three years from the time
the cause of action accrued. [1901 c 24 § 1; Code 1881 §
1939; 1877 p 216 § 1; RRS § 1182. Prior: 1858 p 29 § 1.]
Lien of pilot for pilotage compensation: RCW 88.16.140.
60.36.020
60.36.020 Actions to enforce liens. Such liens may be
enforced, in all cases of maritime contracts or service, by a
suit in admiralty, in rem, and the law regulating proceedings
in admiralty shall govern in all such suits; and in all cases of
contracts or service not maritime, by a civil action in any
superior court of this state as provided in RCW 60.10.023.
[1995 c 62 § 9; 1969 c 82 § 19; Code 1881 § 1940; 1877 p
216 § 2; RRS § 1183.]
60.36.030
60.36.030 Liens for handling cargo. All steamers, vessels and boats, their tackle, apparel and furniture shall be held
[Title 60 RCW—page 29]
60.36.040
Title 60 RCW: Liens
liable at all ports and places within this state or within the
jurisdiction of the courts of this state or within the jurisdiction
of the courts of the United States in said state for services rendered by stevedores, longshoremen or others engaged in the
loading, unloading, stowing or dunnaging of cargo in or from
any steamer, vessel or boat in any harbor or at any other place
within said state, or within the jurisdiction of the courts
thereof as above stated, and said steamers, vessels and boats
shall further be liable as per their contracts for all services
performed upon wharfs or landing places by stevedores,
longshoremen or others: PROVIDED, That such services
must have been so performed in and about and be connected
with the loading, unloading, dunnaging or stowing of said
cargo. [1901 c 75 § 1; RRS § 1184.]
60.36.040
60.36.040 Liens for handling cargo—Priority.
Demands for wages and all sums due under contracts or otherwise for the performance of all or any of the services mentioned in RCW 60.36.030 shall constitute liens upon all
steamers, vessels and boats, their tackle, apparel and furniture, and shall have priority over all other demands save and
excepting the demands mentioned in RCW 60.36.010 (1), (2)
and (3), to which said demands the lien hereby provided shall
be subordinate: PROVIDED, That such liens shall only continue in force for the period of three years from the date when
such work was done or the last services performed by such
stevedores, longshoremen or others. [1901 c 75 § 2; RRS §
1185.]
60.36.050
60.36.050 Liens for handling cargo—Foreclosure.
The liens hereby created may be foreclosed as provided in
RCW 60.10.023. [1995 c 62 § 10; 1969 c 82 § 13; 1901 c 75
§ 3; RRS § 1186.]
60.36.060
60.36.060 Lien for breach of contract for towing,
dunnaging, stevedoring, etc. Whenever the owner, charterer, or any person or corporation operating, managing or
controlling any steamship, vessel or boat shall wilfully fail,
neglect or refuse to carry out or perform any express contract
or portion thereof for the towing, loading, unloading, dunnaging or stevedoring of such steamship, vessel or boat, any person or persons, firm or corporation sustaining thereby any
loss or damage which is capable of definite ascertainment
shall have a lien upon such steamship, vessel or boat for said
loss or damage. The rank and priority of the lien hereby created and the manner of its enforcement shall be fixed, controlled and regulated by the provisions of the existing law
pertaining to liens for similar services already performed.
[1903 c 149 § 1; RRS § 1187.]
Chapter 60.40
Chapter 60.40 RCW
LIEN FOR ATTORNEY’S FEES
Sections
60.40.010
60.40.020
60.40.030
Lien created—Enforcement—Definition—Exception.
Proceedings to compel delivery of money or papers.
Procedure when lien is claimed.
Rules of court: Return of files of disbarred or suspended attorney—RLD
8.1.
[Title 60 RCW—page 30]
60.40.010 Lien created—Enforcement—Definition—
Exception. (1) An attorney has a lien for his or her compensation, whether specially agreed upon or implied, as hereinafter provided:
(a) Upon the papers of the client, which have come into
the attorney’s possession in the course of his or her professional employment;
(b) Upon money in the attorney’s hands belonging to the
client;
(c) Upon money in the hands of the adverse party in an
action or proceeding, in which the attorney was employed,
from the time of giving notice of the lien to that party;
(d) Upon an action, including one pursued by arbitration
or mediation, and its proceeds after the commencement
thereof to the extent of the value of any services performed
by the attorney in the action, or if the services were rendered
under a special agreement, for the sum due under such agreement; and
(e) Upon a judgment to the extent of the value of any services performed by the attorney in the action, or if the services were rendered under a special agreement, for the sum
due under such agreement, from the time of filing notice of
such lien or claim with the clerk of the court in which such
judgment is entered, which notice must be filed with the
papers in the action in which such judgment was rendered,
and an entry made in the execution docket, showing name of
claimant, amount claimed and date of filing notice.
(2) Attorneys have the same right and power over actions
to enforce their liens under subsection (1)(d) of this section
and over judgments to enforce their liens under subsection
(1)(e) of this section as their clients have for the amount due
thereon to them.
(3) The lien created by subsection (1)(d) of this section
upon an action and proceeds and the lien created by subsection (1)(e) of this section upon a judgment for money is superior to all other liens.
(4) The lien created by subsection (1)(d) of this section is
not affected by settlement between the parties to the action
until the lien of the attorney for fees based thereon is satisfied
in full.
(5) For the purposes of this section, "proceeds" means
any monetary sum received in the action. Once proceeds
come into the possession of a client, such as through payment
by an opposing party or another person or by distribution
from the attorney’s trust account or registry of the court, the
term "proceeds" is limited to identifiable cash proceeds determined in accordance with RCW 62A.9A-315(b)(2). The
attorney’s lien continues in such identifiable cash proceeds,
subject to the rights of a secured party under RCW 62A.9A327 or a transferee under RCW 62A.9A-332.
(6) Child support liens are exempt from this section.
[2004 c 73 § 2; Code 1881 § 3286; 1863 p 406 § 12; RRS §
136.]
60.40.010
Purpose—Intent—Application—2004 c 73: "The purpose of this act
is to end double taxation of attorneys’ fees obtained through judgments and
settlements, whether paid by the client from the recovery or by the defendant
pursuant to a statute or a contract. Through this legislation, Washington law
clearly recognizes that attorneys have a property interest in their clients’
cases so that the attorney’s fee portion of an award or settlement may be
taxed only once and against the attorney who actually receives the fee. This
statute should be liberally construed to effectuate its purpose. This act is curative and remedial, and intended to ensure that Washington residents do not
incur double taxation on attorneys’ fees received in litigation and owed to
(2006 Ed.)
Commercial Real Estate Broker Lien Act
their attorneys. Thus, except for RCW 60.40.010(4), the statute is intended
to apply retroactively." [2004 c 73 § 1.]
60.40.020
60.40.020 Proceedings to compel delivery of money
or papers. When an attorney refuses to deliver over money
or papers, to a person from or for whom he has received them
in the course of professional employment, whether in an
action or not, he may be required by an order of the court in
which an action, if any, was prosecuted, or if no action was
prosecuted, then by order of any judge of a court of record, to
do so within a specified time, or show cause why he should
not be punished for a contempt. [Code 1881 § 3287; 1863 p
406 § 13; RRS § 137.]
60.40.030
60.40.030 Procedure when lien is claimed. If, however, the attorney claim a lien, upon the money or papers,
under the provisions of *this chapter, the court or judge may:
(1) Impose as a condition of making the order, that the client
give security in a form and amount to be directed, to satisfy
the lien, when determined in an action; (2) summarily to
inquire into the facts on which the claim of a lien is founded,
and determine the same; or (3) to refer it, and upon the report,
determine the same as in other cases. [Code 1881 § 3288;
1863 p 406 § 14; RRS § 138.]
*Reviser’s note: "this chapter" appeared in section 3288, chapter 250
of the Code of 1881, the lien sections of which are codified as chapter 60.40
RCW.
Chapter 60.42 RCW
COMMERCIAL REAL ESTATE BROKER LIEN ACT
Chapter 60.42
Sections
60.42.005
60.42.010
60.42.020
60.42.030
60.42.040
60.42.050
60.42.060
60.42.070
60.42.900
60.42.901
60.42.005
Definitions.
Lien upon personal property—Effective date—Notice of
claim of lien—Waiver of lien rights—Court costs, attorneys’
fees, and statutory interest.
Disputed claim—Order to show cause—Hearing.
Lien on net rental proceeds—Order to show cause—Hearing.
Priority of lien claims.
Deposit made pending resolution of amounts due—Recording
of receipt—Release of notice of claim of lien.
County auditor or recorder—Duties—Fees.
Delivery of notice of claim of lien—Form—Time effective—
Address.
Application.
Short title.
60.42.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Commercial real estate" means a fee title interest or
possessory estate in real property located in this state except
an interest in real property which is (a) improved with one
single-family residential unit or one multifamily structure
with four or less residential units, or (b) unimproved and the
maximum permitted development is one to four residential
units or structures under the county or city zoning ordinances
or comprehensive plan applicable to that real estate, or (c)
classified as farm and agricultural land or timber land for
assessment purposes pursuant to chapter 84.34 RCW, or (d)
improved with single-family residential units such as condominiums, townhouses, timeshares, or stand-alone houses in a
subdivision that may be legally sold, leased, or otherwise disposed of on a unit-by-unit basis. Real estate will be consid(2006 Ed.)
60.42.005
ered commercial real estate if the commission agreement so
provides, or if it meets the definition contained in this section
on the date of the disposition.
(2) "Commission agreement" means a written instrument
which meets the requirements of RCW 19.36.010 signed by
the owner, or by a party duly authorized to sign on behalf of
the owner, of commercial real estate, pursuant to which the
owner agrees to pay a broker a real estate commission upon
either the disposition or lease of commercial real estate or
upon entering into an agreement for disposition or lease of
commercial real estate. When a broker and owner execute
multiple versions of a commission agreement regarding the
same disposition of commercial real estate, the final written
version of the commission agreement, which incorporates the
final agreement between the broker and the owner, constitutes the "commission agreement" and shall be used to determine the amount of the lien created by this chapter.
(3) "Days" means calendar days. However, if a period
ends on a day other than a business day, then the last day shall
be the next business day.
(4) "Disposition" means a voluntary transfer or conveyance of commercial real estate.
(5) "Escrow closing agent" means the person or entity
who receives documents and funds for recording and disbursement in completing a transaction for the disposition of
commercial real estate.
(6) "Lease" means a written agreement which gives rise
to a relationship of landlord and tenant, affecting commercial
real estate, such that the holder of a fee simple interest or possessory estate in commercial real estate permits another to
possess the commercial real estate for a period, and which
meets the requirements of RCW 19.36.010, if applicable.
(7) "Net rental proceeds" means the base rent paid by the
tenant under a lease, less any amounts currently due under the
terms of liens which have priority over the lien created under
this chapter. Base rent is the rent so designated in a lease as
base rent, or a similar term, for the possession and use of the
commercial real estate, but does not include separate payments made by tenants for insurance, taxes, utilities, or other
expenses.
(8) "Owner" means a person or entity which is vested in
record fee title or a possessory estate in commercial real
estate.
(9)(a) "Owner’s net proceeds" means the gross sales proceeds from the disposition of the commercial real estate
described in a notice of claim of lien against proceeds pursuant to this chapter, less the following: (i) Amounts necessary
to pay all encumbrances and liens which have priority over
the lien created by this chapter other than those permitted to
remain by the buyer; (ii) owner’s closing costs, such as real
estate excise tax, title insurance premiums, real estate tax and
assessment prorations, and escrow fees payable by the owner
pursuant to an agreement with the buyer; and (iii) amounts
held by a third party for use by the owner to complete an
exchange of real estate which is deferred from federal income
tax under section 1031 of the internal revenue code of 1986,
as amended.
(b) "Owner’s net proceeds" shall include any gross sales
proceeds which are held by a third party for purposes of completing an exchange of real estate which is deferred from federal income tax under section 1031 of the internal revenue
[Title 60 RCW—page 31]
60.42.010
Title 60 RCW: Liens
code of 1986, as amended, but are subsequently not used for
that purpose. "Owner’s net proceeds" are personal property,
upon which the lien created by this chapter attaches.
(10) "Real estate broker" or "broker" means the same as
defined in RCW 18.85.010.
(11) "Real property" means one or more parcels or tracts
of land, including appurtenances or improvements. [1997 c
315 § 1.]
60.42.010
60.42.010 Lien upon personal property—Effective
date—Notice of claim of lien—Waiver of lien rights—
Court costs, attorneys’ fees, and statutory interest. (1)
The lien created under this chapter is a lien upon personal
property, not upon real property.
(2) A broker has a lien upon the owner’s net proceeds
from the disposition of commercial real estate and a lien upon
the net rental proceeds from the lease of commercial real
estate in the amount which the owner has agreed to pay the
broker under a commission agreement. The lien under this
chapter is available only to the broker named in the commission agreement, and may not be assigned voluntarily or by
operation of law.
(3) Subject to the requirements of subsection (4) of this
section, the lien created by this chapter becomes effective on
the date of the recording of a notice of claim of lien upon proceeds pursuant to subsection (6) of this section, and is perfected by such recording. Recording must be made with the
county auditor or recorder in the county or counties in which
the commercial real estate is located.
(4) In the case of a disposition of commercial real estate,
the lien under this chapter is not effective unless it is recorded
at least thirty days prior to the date a deed conveying the commercial real estate is recorded in the office of the county auditor or recorder in the county or counties in which the commercial real estate is located. In the case of a lease of commercial real estate, the lien under this chapter is not effective
unless it is recorded within ninety days after the tenant takes
possession of the leased commercial real estate.
(5) The lien created by this chapter is null and void
unless, within ten days of recording its notice of claim of lien
against proceeds, the broker delivers a copy of the notice of
claim of lien against proceeds to the owner of the commercial
real estate in the manner provided in RCW 60.42.070. In the
case of the disposition of commercial real estate, on or before
the date the deed conveying the commercial real estate is
recorded, the broker shall deliver a copy of the notice of
claim of lien against proceeds to the escrow closing agent
closing the disposition in the manner provided in RCW
60.42.070, if the identity of the escrow closing agent is actually known by the broker.
(6) To be effective, the notice of claim of lien against
proceeds must state the following:
(a) The name, address, and telephone number of the broker;
(b) The date of the commission agreement;
(c) The name of the owner of the commercial real estate;
(d) The legal description of the commercial real estate as
described in the commission agreement;
(e) The amount for which the lien is claimed, which may
be stated in a dollar amount or may be stated in the form of a
[Title 60 RCW—page 32]
formula for how the amount is to be determined such as a percentage of the sales price;
(f) The real estate license number of the broker; and
(g) That the lien claimant has read the claim, knows the
contents, and believes the same to be true and correct, and
that the claim is made pursuant to a valid commission agreement, and is not frivolous, under penalties of perjury.
A copy of the commission agreement must be attached to
the recorded notice of claim of lien against proceeds. The
notice of claim of lien against proceeds must recite that the
information contained in the notice of claim of lien against
proceeds is true and accurate to the knowledge of the signatory. The notice of claim of lien against proceeds must be
acknowledged pursuant to chapter 64.08 RCW. A notice of
claim of lien against proceeds substantially in the following
form is sufficient:
NOTICE OF CLAIM OF LIEN AGAINST PROCEEDS
PURSUANT TO CHAPTER 60.42 RCW
Notice is hereby given that the person named below
claims a lien as to owner’s net proceeds or net rental proceeds, but not real property, pursuant to chapter 60.42 RCW.
In support of this lien, the following information is submitted:
1. Name, telephone number, and address of lien claimant: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
................................................
2. Washington state broker’s license number of lien
claimant: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Date of the written commission agreement on which
this claim is based: . . . . . . . . . , a true and complete copy of
which is attached to this notice of claim of lien.
4. Name of the owner: . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Legal description of the commercial real estate
described in the commission agreement: . . . . . . . . . . . . . . .
................................................
6. The amount for which the lien is claimed, which may
be stated in a dollar amount or may be stated in the form of a
formula for how the amount is to be determined such as a percentage of the sales price:
................................................
7. The undersigned lien claimant, being sworn, states: I
have read the foregoing claim, know the contents, and
believe the same to be true and correct, and the claim is made
pursuant to a valid commission agreement, and is not frivolous, under penalty of perjury.
..............................
Signature of lien claimant
..............................
Name, Street Address, City, State
of person signing
..............................
Telephone Number of person signing
State of Washington
County of . . . . . . . . . . . . .
)
) ss
)
..............................
Subscribed and sworn to, or affirmed, before me on
. . . by . . . .
(2006 Ed.)
Commercial Real Estate Broker Lien Act
(Seal or stamp)
..............................
Signature
..............................
Title
My appointment expires . . . . . . . . . .
(Add acknowledgment pursuant to chapter 64.08
RCW)
(7) Whenever a notice of claim of lien against proceeds
is recorded and a condition or event occurs, or fails to occur,
that would preclude the broker from receiving compensation
under the terms of the commission agreement, including the
filing of a notice of claim of lien against proceeds in a manner
which does not comply with this chapter, the broker shall
record, within seven days following demand by the owner, a
written release of the notice of claim of lien against proceeds.
(8) Whenever the amount claimed in a notice of claim of
lien against proceeds is paid to the lien claimant, the lien
claimant shall promptly record a satisfaction or release of the
notice of claim of lien against proceeds on written demand of
the owner no later than five days after receipt of payment. In
the case of a disposition of commercial real estate, the escrow
closing agent is required to pay to the lien claimant the
owner’s net proceeds up to the amount claimed in the notice
of claim of lien against proceeds. If the amount claimed in the
notice of claim of lien against proceeds is to be fully or partially paid to the lien claimant by the escrow closing agent,
upon such disposition, then the lien claimant shall submit a
release of the notice of claim of lien against proceeds in the
amount of the owner’s net proceeds or the amount of the lien,
whichever is smaller, to the escrow closing agent to be held
in escrow pending such disposition and payment. In a suit
brought by the owner to compel delivery of the release by the
lien claimant, if the court determines that the delay was
unjustified, the court shall, in addition to ordering the release
of the notice of claim of lien, award the costs of the action
including reasonable attorneys’ fees to the prevailing party.
(9) An owner of commercial real estate may request that
a broker waive the rights to a lien under this chapter, and such
a waiver contained in the commission agreement signed by
the broker is effective to waive the broker’s rights to a lien
under this chapter. In a suit filed by a broker to recover
amounts due under a commission agreement in which the
broker has waived lien rights under this chapter, if the court
finds that payment is due to the broker under the commission
agreement, the court, in addition to awarding normal damages, shall award to the broker court costs, reasonable attorneys’ fees, and statutory interest, as provided in RCW
19.52.010, from the date the deed is recorded in the event of
a disposition, or from the date the tenant takes possession in
the event of a lease. [1997 c 315 § 2.]
60.42.020
60.42.020 Disputed claim—Order to show cause—
Hearing. (1) An owner of commercial real estate subject to
a recorded notice of claim of lien against proceeds under this
chapter, who disputes the broker’s claim in the notice of
claim of lien against proceeds, may apply by motion to the
superior court for the county where the commercial real
estate, or some part thereof, is located for an order directing
the broker to appear before the court at a time no earlier than
seven nor later than fifteen days following the date of service
(2006 Ed.)
60.42.030
of the motion and order on the broker, to show cause as to
why the relief requested should not be granted. The motion
must state the grounds upon which relief is asked and must be
supported by the affidavit of the owner setting forth a concise
statement of the facts upon which the motion is based.
(2) The order to show cause must clearly state that if the
broker fails to appear at the time and place noted, the notice
of claim of lien against proceeds must be released, with prejudice, and the broker must be ordered to pay the costs
requested by the owner, including reasonable attorneys’ fees.
(3) If, following a hearing on the matter, the court determines that the owner is not a party to an agreement which will
result in the owner being obligated to pay to the broker a
commission pursuant to the terms of a commission agreement, the court shall issue an order releasing the notice of
claim of lien against proceeds and awarding costs and reasonable attorneys’ fees to the owner to be paid by the broker. If
the court determines that the owner is a party to an agreement
which will result in the owner being obligated to pay to the
broker a commission pursuant to the terms of a commission
agreement, the court shall issue an order so stating and
awarding costs and reasonable attorneys’ fees to the broker,
to be paid by the owner. Such orders are final judgments.
(4) Proceedings under this section shall not affect other
rights and remedies available to the parties under this chapter
or otherwise. [1997 c 315 § 3.]
60.42.030
60.42.030 Lien on net rental proceeds—Order to
show cause—Hearing. (1) If a broker has a lien on net rental
proceeds pursuant to RCW 60.42.010(2), and the broker has
recorded a notice of claim of lien against proceeds and otherwise complied with the requirements of this chapter, the broker may apply by motion to the superior court for the county
where the commercial real estate, or some part thereof, is
located, for an order directing the owner to appear before the
court at a time no earlier than seven nor later than fifteen days
following the date of service of the motion and order on the
owner, and show cause as to why the relief requested should
not be granted. The motion must state the grounds upon
which relief is asked, and must be supported by the affidavit
of the broker setting forth a concise statement of the facts
upon which the motion is based.
(2) The order to show cause must clearly state that if the
owner fails to appear at the time and place noted, the broker
shall be entitled to an order enjoining the owner from paying
the net rental proceeds from such lease to any party other than
the broker, and that the owner shall be ordered to pay the
costs requested by the broker, including reasonable attorneys’ fees.
(3) If, following a hearing on the matter, the court determines that the owner is, or was, a party to an agreement for
the lease of commercial real estate, which did or will result in
the owner being obligated to pay to the broker a commission
pursuant to the terms of a commission agreement, the court
shall issue an order enjoining the owner from paying the net
rental proceeds from such lease to any party other than the
broker. The court shall also order the owner to pay such net
rental proceeds to the broker and award costs and reasonable
attorneys’ fees to the broker, to be paid by the owner. If the
court determines that the owner is not, or was not, a party to
an agreement for the lease of commercial real estate, which
[Title 60 RCW—page 33]
60.42.040
Title 60 RCW: Liens
did or will result in the owner being obligated to pay to the
broker a commission pursuant to the terms of a commission
agreement, the court shall issue an order so stating and
awarding costs and reasonable attorneys’ fees to the owner,
to be paid by the broker. Such orders are final judgments.
(4) Proceedings under this section shall not affect other
rights and remedies available to the parties under this chapter
or otherwise. [1997 c 315 § 4.]
60.42.040
60.42.040 Priority of lien claims. All statutory liens,
consensual liens, mortgages, deeds of trust, assignments of
rents, and other encumbrances, including all advances or
charges made or accruing thereunder, whether voluntary or
obligatory, and all modifications, extensions, renewals, and
replacements thereof, recorded prior to the recording of a
notice of claim of lien against proceeds have priority over a
lien created under this chapter. A prior recorded lien includes,
without limitation, a valid materialmen’s or mechanic’s lien
claim that is recorded after the recording of the broker’s
notice of claim of lien against proceeds but which relates
back to a date prior to the recording date of the broker’s
notice of claim of lien against proceeds. [1997 c 315 § 5.]
60.42.050
60.42.050 Deposit made pending resolution of
amounts due—Recording of receipt—Release of notice of
claim of lien. A notice of claim of lien against proceeds
recorded under this chapter must be released without further
act, upon the recording of a receipt showing the deposit with
the superior court of the county in which the commercial real
estate, or some part thereof, is located, of an amount equal to
one and one-quarter times the amount of the lien claimed.
The receipt shall be recorded in the office in which the notice
of claim was recorded. The amount of the deposit in the superior court shall be held pending a resolution of amounts due
to the broker and the owner. [1997 c 315 § 6.]
60.42.060
60.42.060 County auditor or recorder—Duties—
Fees. The county auditor or recorder shall record the notice
of claim of lien against proceeds, and any release thereof, in
the same manner as deeds and other instruments of title are
recorded under chapter 65.08 RCW. Notices of claim of lien
against proceeds for registered land need not be recorded in
the Torrens register. The county auditor or recorder may not
charge a higher fee for recording a notice of claim of lien
against proceeds, or for a release thereof, than what the
county auditor or recorder charges for other documents.
[1997 c 315 § 7.]
60.42.070
60.42.070 Delivery of notice of claim of lien—Form—
Time effective—Address. Notices to be delivered to a party
under this chapter, other than service of process as required in
civil actions, shall be by service of process, or by registered
or certified mail, return receipt requested, or by personal or
electronic delivery and obtaining evidence of delivery in the
form of a receipt or other paper or electronic acknowledgment by the party to whom the notice is delivered or an affidavit of service. Delivery is effective at the time of personal
service, or personal or electronic delivery, or three days following deposit in the mail as required by this section. Notice
to a broker or owner may be given to the address of the broker
[Title 60 RCW—page 34]
or owner that is contained in the commission agreement, or
such other address as is contained in a written notice from the
broker or owner to the party giving the notice. If no address is
provided in the commission agreement, the notice to the broker may be given to the broker’s address of record with the
department of licensing pursuant to chapter 18.85 RCW and
notice to the owner may be given to the address of the commercial real estate. [1997 c 315 § 8.]
60.42.900
60.42.900 Application. This chapter applies to lien
claims based on a commission agreement entered into on, or
after, July 27, 1997. [1997 c 315 § 9.]
60.42.901
60.42.901 Short title. This chapter may be known and
cited as the commercial real estate broker lien act. [1997 c
315 § 10.]
Chapter 60.44 RCW
LIEN OF DOCTORS, NURSES, HOSPITALS,
AMBULANCE SERVICES
Chapter 60.44
Sections
60.44.010
60.44.020
60.44.030
60.44.040
60.44.050
60.44.060
Liens authorized.
Notice of lien—Contents—Filing.
Record of claims.
Taking note—Effect on lien.
Settlement of damages—Effect on lien.
Enforcement of lien—Payment as evidence.
Lien of department of social and health services for medical care of injured
recipient, payment of tort feasor or tort feasor’s insurer does not discharge lien: RCW 74.09.180, 43.20B.040, and 43.20B.050.
Lien on funds withheld by employer from employee’s pay: RCW 49.52.030
and 49.52.040.
60.44.010
60.44.010 Liens authorized. Every operator, whether
private or public, of an ambulance service or of a hospital,
and every duly licensed nurse, practitioner, physician, and
surgeon rendering service, or transportation and care, for any
person who has received a traumatic injury and which is rendered by reason thereof shall have a lien upon any claim,
right of action, and/or money to which such person is entitled
against any tort-feasor and/or insurer of such tort-feasor for
the value of such service, together with costs and such reasonable attorney’s fees as the court may allow, incurred in
enforcing such lien: PROVIDED, HOWEVER, That nothing
in this chapter shall apply to any claim, right of action, or
money accruing under the workers’ compensation act of the
state of Washington, and: PROVIDED, FURTHER, That all
the said liens for service rendered to any one person as a
result of any one accident or event shall not exceed twentyfive percent of the amount of an award, verdict, report, decision, decree, judgment, or settlement. [1987 c 185 § 36; 1975
1st ex.s. c 250 § 1; 1937 c 69 § 1; RRS § 1209-1.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
60.44.020
60.44.020 Notice of lien—Contents—Filing. No person shall be entitled to the lien given by RCW 60.44.010
unless such person shall, within twenty days after the date of
such injury or receipt of transportation or care, or, if settlement has not been accomplished and payment made to such
injured person, then at any time before such settlement and
(2006 Ed.)
Lien of Department of Social and Health Services for Medical Care Furnished Injured Recipient 60.52.030
payment, file for record with the county auditor of the county
in which said service was performed, a notice of claim stating
the name and address of the person claiming the lien and
whether such person claims as a practitioner, physician,
nurse, ambulance service, or hospital, the name and address
of the patient and place of domicile or residence, the time
when and place where the alleged fault or negligence of the
tort-feasor occurred, and the nature of the injury if any, the
name and address of the tort-feasor, if same or any thereof are
known, which claim shall be subscribed by the claimant and
verified before a person authorized to administer oaths.
[1975 1st ex.s. c 250 § 2; 1937 c 69 § 2; RRS § 1209-2.]
60.44.030 Record of claims. The county auditor shall
record the claims mentioned in this chapter, which record
must be indexed as deeds and other conveyances are required
by law to be indexed. [1999 c 233 § 6; 1937 c 69 § 3; RRS §
1209-4.]
60.44.030
Effective date—1999 c 233: See note following RCW 4.28.320.
60.44.040 Taking note—Effect on lien. The taking of
a promissory note or other evidence of indebtedness for any
services performed, as provided in this chapter, shall not discharge the lien therefor unless expressly received as a payment for such services and so specified therein. [1937 c 69 §
4; RRS § 1209-4.]
60.44.040
60.44.050 Settlement of damages—Effect on lien. No
settlement made by and between the patient and tort feasor
and/or insurer shall discharge the lien against any money due
or owing by such tort feasor or insurer to the patient or relieve
the tort feasor and/or insurer from liability by reason of such
lien unless such settlement also provides for the payment and
discharge of such lien or unless a written release or waiver of
any such claim of lien, signed by the claimant, be filed in the
court where any action has been commenced on such claim,
or in case no action has been commenced against the tort feasor and/or insurer, then such written release or waiver shall
be delivered to the tort feasor and/or insurer. [1937 c 69 § 5;
RRS § 1209-5.]
60.44.050
60.44.060 Enforcement of lien—Payment as evidence. Such lien may be enforced by a suit at law brought by
the claimant or his assignee within one year after the filing of
such lien against the said tort feasor and/or insurer. In the
event that such tort feasor and/or insurer shall have made
payment or settlement on account of such injury, the fact of
such payment shall only for the purpose of such suit be prima
facie evidence of the negligence of the tort feasor and of the
liability of the payer to compensate for such negligence.
[1937 c 69 § 6; RRS § 1209-6.]
60.44.060
Chapter 60.45 RCW
LIEN OF DEPARTMENT OF SOCIAL AND HEALTH
SERVICES FOR MEDICAL CARE FURNISHED
INJURED RECIPIENT
Chapter 60.45
Sections
60.45.010
(2006 Ed.)
Medical care to injured recipient—Recovery of cost against
tort feasor or tort feasor’s insurer—Lien created, filing—
Payment to recipient does not discharge lien.
60.45.010
60.45.010 Medical care to injured recipient—Recovery of cost against tort feasor or tort feasor’s insurer—
Lien created, filing—Payment to recipient does not discharge lien. See RCW 74.09.180, 43.20B.040, and
43.20B.050.
Chapter 60.52
Chapter 60.52 RCW
LIEN FOR SERVICES OF SIRES
Sections
60.52.010
60.52.020
60.52.030
60.52.035
60.52.040
60.52.050
Liens authorized—Filing statement.
Auditor’s certificate—Contents—Posting.
Statement of lien—Filing—Duration of lien.
Delivery of semen by artificial insemination procedures—
Lien upon female or offspring—No filing—Duration of
lien—Statement of account.
Foreclosure of lien.
Auditor’s fees.
60.52.010
60.52.010 Liens authorized—Filing statement. In
order to secure to the owner or owners of sires payment for
service, the following provisions are enacted: That every
owner of a sire having a service fee, in order to have a lien
upon the female served, and upon the get of any such sire,
under the provisions of this chapter, for such service, shall
file for record with the county auditor of the county where
said sire is kept for service a statement, verified by oath or
affirmation, to the best of his knowledge and belief, giving
the name, age, description and pedigree, as well as the terms
and conditions upon which such sire is advertised for service:
PROVIDED, That owners of sires who are not in possession
of pedigrees for such sires shall not be debarred from the benefits of this chapter. [1890 p 451 § 1; RRS § 3056.]
60.52.020
60.52.020 Auditor’s certificate—Contents—Posting. The county auditor, upon the receipt of the statement as
specified in RCW 60.52.010, duly verified by affidavit, shall
issue a certificate to the owner or owners of said sire, which
shall be posted by the owner in a conspicuous place where
said sire may be stationed, which certificate shall state the
name, age, description, pedigree and ownership of such sire,
the terms and conditions upon which the said sire is advertised for service, and that the provisions of this chapter, so far
as relates to the filing of the statement aforesaid, has been
complied with. [1890 p 451 § 2; RRS § 3057.]
60.52.030
60.52.030 Statement of lien—Filing—Duration of
lien. The owner or owners of any such sire receiving such
certificate, by complying with RCW 60.52.010 and
60.52.020, shall obtain and have a lien upon the female
served for the period of eighteen months from the date of service, or upon the get of any such sire for the period of one
year from the date of birth of such get: PROVIDED, Said
owner or owners shall file for record a statement of account,
verified by affidavit, with the county auditor of the county
wherein the service has been rendered, of the amount due
such owner or owners for said service, together with a
description of the female served, within ten months from the
date of service or date of birth, as the case may be: PROVIDED FURTHER, That the lien upon the get of any such
sire shall be a preferred lien: AND PROVIDED FURTHER,
That no sale or transfer of any female animal served shall
[Title 60 RCW—page 35]
60.52.035
Title 60 RCW: Liens
defeat the right of such lien holder. [1998 c 99 § 1; 1913 c 53
§ 1; 1890 p 451 § 3; RRS § 3058.]
Effective date—1998 c 99: "This act takes effect July 1, 1998." [1998
c 99 § 3.]
son, to whom horses, mules, cattle, or sheep are entrusted for
the purpose of feeding, herding, pasturing, training, caring
for, or ranching. [1993 c 53 § 1.]
60.56.010
60.52.035
60.52.035 Delivery of semen by artificial insemination procedures—Lien upon female or offspring—No filing—Duration of lien—Statement of account. When an
owner of a sire, or an owner of semen from sires, provides,
for the insemination of a female, reproductively viable semen
from the sire, the owner of the sire, or the owner of the semen,
without satisfying the requirements of RCW 60.52.010 and
60.52.020, upon delivery of the semen by artificial insemination procedures, obtains and has a lien upon the female to
which the semen is delivered by artificial insemination procedures, or a lien upon the offspring of that female as the result
of delivery of the semen by artificial insemination procedures. The lien upon the female survives for eighteen months
from the date of the insemination procedure; the lien upon the
offspring survives for one year from the date of birth of the
resulting offspring. However, the owner of the sire, or the
owner of the semen, must, within ten months of the date of
the insemination procedure or the date of birth, file for
record, with the county auditor of the county where the
insemination procedure was rendered, a statement of account,
verified by affidavit, indicating the amount due to the owner
for the reproductively viable semen, along with a description
of the female or the name and address of the person for whom
the procedure was provided. The lien, whether upon the
female or upon the offspring, is a preferred lien. Sale or transfer of the inseminated female or of the offspring does not
defeat the right of the lien holder. [1998 c 99 § 2.]
Effective date—1998 c 99: See note following RCW 60.52.030.
60.52.040
60.52.040 Foreclosure of lien. Liens under this chapter
may be foreclosed as provided in chapter 60.10 RCW. [1995
c 62 § 11; 1969 c 82 § 14; 1890 p 452 § 4; RRS § 3059.]
60.52.050 Auditor’s fees. For filing certificate, making
copy of such affidavit, and the certificate of date of such filing, the clerk of record shall be entitled to the same fees as are
provided by law for similar service in regard to chattel mortgages. [1890 p 452 § 5; RRS § 3059 1/2.]
60.52.050
Chapter 60.56
Chapter 60.56 RCW
AGISTER AND TRAINER LIENS
Sections
60.56.005
60.56.010
60.56.015
60.56.018
60.56.021
60.56.025
60.56.035
60.56.050
Definition of "agister."
Liens created.
Liens perfected.
Potential sale of animal to which lien is attached—Notice to
lien holder and potential buyer.
Violation of RCW 60.56.018—Civil action for damages—
Civil fine.
Lien created for care of animal seized by law enforcement
officer.
Expiration of lien.
Enforcement of lien.
60.56.005
60.56.005 Definition of "agister." For purposes of this
chapter "agister" means a farmer, ranchman, herder of cattle,
livery and boarding stable keeper, veterinarian, or other per[Title 60 RCW—page 36]
60.56.010 Liens created. Any agister shall have a lien
upon the horses, mules, cattle, or sheep, and upon the proceeds or accounts receivable from such animals, for such
amount that may be due for the feeding, herding, pasturing,
training, caring for, and ranching of the animals, and shall be
authorized to retain possession of the horses, mules, cattle, or
sheep, until the amount is paid or the lien expires, whichever
first occurs. The lien attaches on the date such amounts are
due and payable but are unpaid. [1993 c 53 § 2; 1989 c 67 §
1; 1987 c 233 § 1; 1909 c 176 § 1; RRS § 1197.]
60.56.015
60.56.015 Liens perfected. An agister who holds a lien
under RCW 60.56.010 shall perfect the lien by (1) posting
notice of the lien in a conspicuous location on the premises
where the lien holder is keeping the animal or animals, (2)
providing a copy of the posted notice to the owner of the animal or animals, and (3) providing a copy of the posted notice
to any lien creditor as defined in RCW 62A.9A-102(52) if the
amount of the agister lien is in excess of one thousand five
hundred dollars. A lien creditor may be determined through a
search under RCW 62A.9A-523 and 62A.9A-526. The lien
holder is entitled to collect from the buyer, the seller, or the
person selling on a commission basis if there is a failure to
make payment to the perfected lien holder. [2001 c 32 § 7;
1993 c 53 § 3; 1989 c 67 § 2.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
60.56.018
60.56.018 Potential sale of animal to which lien is
attached—Notice to lien holder and potential buyer. A
party subject to a lien under RCW 60.56.010 shall notify (1)
the lien holder of a potential sale of the animal or animals to
which the lien is attached, (2) a potential buyer of the existence of the unsatisfied lien against the animal or animals for
sale, and (3) any lien holder of record of the potential sale of
the animal or animals and of the existence of the unsatisfied
lien. [1993 c 53 § 4.]
60.56.021
60.56.021 Violation of RCW 60.56.018—Civil action
for damages—Civil fine. A person injured by a violation of
RCW 60.56.018 may bring civil action in the appropriate
court of jurisdiction to recover the actual damages sustained,
together with the costs of the suit, including reasonable attorney fees and any other costs associated with satisfaction of
the lien. The court may, in its discretion, increase the award
of damages to an amount not to exceed three times the actual
damages sustained.
If damages are awarded under this section, the court may
impose on a liable party a civil fine of not more than one
thousand dollars to be paid to the plaintiff. [1993 c 53 § 5.]
60.56.025
60.56.025 Lien created for care of animal seized by
law enforcement officer. If a law enforcement officer
authorizes removal of an animal pursuant to chapter 16.52
RCW, the person or entity receiving the animal and aiding in
its care or restoration to health shall have a lien upon the animal for the cost of feeding, pasturing, and caring otherwise
(2006 Ed.)
Lien for Transportation, Storage, Advancements, Etc.
for the animal. The lien attaches on the date such costs are
due and payable but are unpaid. Any such person is authorized to retain possession of the animal until such costs are
paid or the lien expires, whichever first occurs. [1987 c 233
§ 2.]
60.64.007
the payment of such charges upon giving ten days’ notice:
PROVIDED, That where the property can be conveniently
divided into separate lots or parcels, no more lots or parcels
shall be sold than shall be sufficient to pay the charges due on
the day of sale, and the expenses of the sale. [Code 1881 §
1982; 1863 p 421 § 12; 1860 p 288 § 12; RRS § 1193.]
60.56.035
60.56.035 Expiration of lien. Any lien created by this
chapter shall expire one hundred eighty days after it attaches,
unless, within that period, an action to enforce the lien is filed
pursuant to RCW 60.56.050. [1993 c 53 § 6; 1987 c 233 § 3.]
60.56.050
60.56.050 Enforcement of lien. Any person having a
lien under the provisions of this chapter may enforce the
same under chapter 60.10 RCW or, at the agister’s option, by
an action in any court of competent jurisdiction. If enforcement is through court proceeding, the property may be sold
on execution for the purpose of satisfying the amount of the
judgment and costs of sale, together with the proper costs of
keeping the same up to the time of the sale. [1993 c 53 § 7;
1987 c 233 § 4; 1891 c 80 § 2; RRS § 1198. Formerly RCW
60.56.020, part.]
Chapter 60.60 RCW
LIEN FOR TRANSPORTATION, STORAGE,
ADVANCEMENTS, ETC.
Chapter 60.60
Sections
60.60.010
60.60.020
60.60.030
60.60.040
60.60.050
60.60.060
Liens created.
Livestock and perishable property—Sale of.
Sale of other property.
Application of proceeds.
Special contract not affected.
Notice, how given.
60.60.040
60.60.040 Application of proceeds. The moneys arising from sales made under the provisions of this chapter shall
first be applied to the payment of the costs and expenses of
the sale, and then to the payment of the lawful charges of the
person or persons having a lien thereon for advances, freight,
transportation, wharfage or storage, for whose benefit the
sale shall [have] been made; the surplus, if any, shall be
retained subject to the future lawful charge of the person or
persons for whose benefit the sale was made, upon the property of the same owner still remaining in store uncalled for, if
any there be, and to the demand of the owner of the property,
who shall have paid such charges or otherwise satisfied such
lien, and all moneys remaining uncalled for, for the period of
three months, shall be paid to the county treasurer, and shall
remain in his hands a special fund for the benefit of the lawful
claimant thereof. [Code 1881 § 1983; 1863 p 421 § 14; 1860
p 288 § 14; RRS § 1194.]
60.60.050
60.60.050 Special contract not affected. Nothing in
this chapter contained shall be so construed as to alter or
affect the terms of any special contract in writing, made by
the parties as to the advances, affreightment, wharfage or
storage; but when any such special contract shall have been
made, its terms shall govern irrespective of this chapter.
[Code 1881 § 1984; RRS § 1195.]
60.60.060
60.60.010
60.60.010 Liens created. Every person, firm or corporation who, as a commission merchant, carrier, wharfinger or
storage warehouseman, shall make advances for freight,
transportation, wharfage or storage upon the personal property of another, or shall carry or store such personal property,
shall have a lien thereon, so long as the same remains in his
possession, for the charges for advances, freight, transportation, wharfage or storage, and it shall be lawful for such person, firm or corporation to cause such property to be sold as
is herein in this chapter provided. [1927 c 144 § 1; Code
1881 § 1980; 1863 p 421 § 11; 1860 p 288 § 11; RRS § 1191.]
60.60.060 Notice, how given. All notices required
under this chapter shall be given as is or may be by law provided in cases of sales of personal property upon execution.
[Code 1881 § 1985; 1863 p 421 § 15; 1860 p 288 § 15; RRS
§ 1196.]
Sale of property on execution: Chapter 6.21 RCW.
Chapter 60.64 RCW
LIEN OF HOTELS, LODGING AND BOARDING
HOUSES—1915 ACT
Chapter 60.64
Sections
60.60.020
60.60.020 Livestock and perishable property—Sale
of. If said property consists of livestock, the maintenance of
which at the place where kept is wasteful and expensive in
proportion to the value of the animals, or consists of perishable property liable, if kept, to destruction, waste or great
depreciation, the person, firm or corporation having such lien
may sell the same upon giving ten days’ notice. [1927 c 144
§ 2; Code 1881 § 1981; 1863 p 421 § 13; 1860 p 288 § 13;
RRS § 1192.]
60.60.030
60.60.030 Sale of other property. All other property
upon which such charges may be unpaid, due, and a lien after
the same shall have remained in store uncalled for, for a
period of thirty days after such charges shall have become
due, may be sold by the person or persons having a lien for
(2006 Ed.)
60.64.003
60.64.005
60.64.007
60.64.010
60.64.040
60.64.050
"Hotel" defined.
Record of guests—Hotels and trailer camps.
Liability for loss of valuables, baggage and other property.
Lien on property of guest—"Guest" defined.
Sale—Notice—Disposition of funds.
Obtaining accommodations by fraud—Penalty.
Lien of hotels, lodging and boarding houses—1890 act: Chapter 60.66
RCW.
60.64.003
60.64.003 "Hotel" defined.
See RCW 19.48.010.
60.64.005
60.64.005 Record of guests—Hotels and trailer
camps. See RCW 19.48.020.
60.64.007
60.64.007 Liability for loss of valuables, baggage and
other property. See RCW 19.48.030 and 19.48.070.
[Title 60 RCW—page 37]
60.64.010
Title 60 RCW: Liens
60.64.010
60.64.010 Lien on property of guest—"Guest"
defined. The keeper of any hotel, boarding house or lodging
house, whether individual, partnership or corporation, has a
lien upon, and may retain, all baggage, sample cases, and
other property, lawfully in the possession of a guest, boarder,
or lodger, brought upon the premises by such guest, boarder,
or lodger, for the proper charges due from him or her, on
account of his or her food, board, room rent, lodging and
accommodation, and for such extras as are furnished at his or
her request, and for all money and credit paid for or advanced
to him or her; and for the costs of enforcing such lien; and
said hotel keeper, inn keeper, lodging house keeper or boarding house keeper, shall have the right to retain and hold possession of such baggage, sample cases and other property
until the amount of such charges and moneys be fully paid,
and to sell such baggage, sample cases, or other property for
the payment of such lien, charges and moneys in the manner
provided in RCW 60.64.040; and such baggage, sample cases
and property shall not be subject to attachment or execution
until such lien and storage charges and the cost of satisfying
such lien are fully satisfied: PROVIDED, HOWEVER, That
if any baggage, sample cases, or property becoming subject
to the lien herein provided for does not belong to the guest,
boarder or lodger who incurred the charges or indebtedness
secured thereby at the time when such charges or indebtedness shall be incurred, and if the hotel, inn, boarding house or
lodging house keeper entitled to such lien receives actual
notice of such fact at any time before the sale of such baggage, sample cases or property hereunder, then and in that
event such baggage, sample cases and property which are
subject to said lien and do not belong to said guest, boarder or
lodger at the time when such charges or indebtedness shall be
incurred, shall not be subject to sale in the manner herein provided, but the same may be sold in the manner provided by
law for the sale of property under a writ of execution to satisfy a judgment obtained in any action brought to recover the
said charges or indebtedness. A guest, within the meaning of
this chapter and chapter 19.48 RCW, includes each and every
person who is a member of the family of, or dependent upon,
a guest, boarder or lodger, in such hotel, inn, boarding house
or lodging house, and for whose support such tenant, guest,
boarder or lodger is legally liable. [1929 c 216 § 4; 1915 c
190 § 5; RRS § 6864. Formerly RCW 60.64.010 through
60.64.030.]
Severability—1929 c 216: See RCW 19.48.900.
60.64.040
60.64.040 Sale—Notice—Disposition of funds. If
such lien and all such charges and moneys are not fully paid
and satisfied within sixty days from the time when such
charges and moneys, respectively, become due, the keeper of
such hotel, inn, boarding house or lodging house, may then
proceed to sell such baggage, sample cases and other property, or any part thereof, at public auction, after giving ten
days notice of the time and place of sale by posting said
notice in three public places in the city or town wherein such
hotel, inn, boarding house or lodging house is located, and by
mailing a notice of the time and place of sale to such guest[,]
boarder or lodger at the place of residence, if any, registered
by him or her on the register, if any, of said hotel, inn, boarding house or lodging house; and after satisfying the lien and
paying all legal charges due from such guest, boarder or
[Title 60 RCW—page 38]
lodger, including proper charges for storage of the said baggage, sample cases or property, and any expense of selling
the same that may accrue, any residue remaining shall, on
demand, within one year after such sale, be paid to such
guest, boarder or lodger, or his or her legal representatives:
PROVIDED, HOWEVER, That should such guest, boarder
or lodger fail or refuse to register from any particular town or
city, or not register at all, the notice herein required to be
mailed shall be addressed to the name of such guest, boarder
or lodger at the city or town wherein such hotel, inn, boarding
house or lodging house is located; and such sale shall be a
perpetual bar to any action against said hotel, inn, boarding
house or lodging house keeper for the recovery of such baggage, sample cases, or property, or of the value thereof, or for
any damage arising from the failure of such guest, boarder or
lodger to receive such baggage, sample cases, or property.
[1929 c 216 § 5; 1915 c 190 § 6; RRS § 6865.]
60.64.050 Obtaining accommodations by fraud—
Penalty. See RCW 19.48.110.
60.64.050
Chapter 60.66 RCW
LIEN OF HOTELS, LODGING AND BOARDING
HOUSES—1890 ACT
Chapter 60.66
Sections
60.66.010
60.66.020
Lien on property of guest.
Sale to satisfy lien—Notice.
Lien of hotels, lodging and boarding houses—1915 act: Chapter 60.64
RCW.
60.66.010 Lien on property of guest. Hereafter all
hotel keepers, inn keepers, lodging house keepers and boarding house keepers in this state shall have a lien upon the baggage, property, or other valuables of their guests, lodgers or
boarders, brought into such hotel, inn, lodging house or
boarding house by such guests, lodgers or boarders, for the
proper charges due from such guests, lodgers or boarders for
their accommodation, board or lodging and such other extras
as are furnished at their request, and shall have the right to
retain in their possession such baggage, property or other
valuables until such charges are fully paid, and to sell such
baggage, property or other valuables for the payment of such
charges in the manner provided in RCW 60.66.020. [1890 p
96 § 1; RRS § 1201.]
60.66.010
60.66.020 Sale to satisfy lien—Notice. Whenever any
baggage, property or other valuables which have been
retained by any hotel keeper, inn keeper, lodging house
keeper or boarding house keeper, in his possession by virtue
of the provision of RCW 60.66.010, shall remain unredeemed
for the period of three months after the same shall have been
so retained, then it shall be lawful for such hotel keeper, inn
keeper, lodging house keeper or boarding house keeper to sell
such baggage, property or other valuables at public auction,
after giving the owner thereof ten days’ notice of the time and
place of such sale, through the post office, or by advertising
in some newspaper published in the county where such sale is
made, or by posting notices in three conspicuous places in
such county, and out of the proceeds of such sale to pay all
legal charges due from the owner of such baggage, property
60.66.020
(2006 Ed.)
Uniform Federal Lien Registration Act
or valuables, including proper charges for storage of the
same, and the overplus, if any, shall be paid to the owner
upon demand. [1890 p 96 § 2; RRS § 1202.]
Chapter 60.68
Chapter 60.68 RCW
UNIFORM FEDERAL LIEN REGISTRATION ACT
(Formerly: Lien for internal revenue taxes)
Sections
60.68.005
60.68.015
60.68.025
60.68.035
60.68.045
60.68.900
60.68.901
60.68.902
60.68.903
Application of chapter.
Notice of federal liens.
Certification of federal liens.
Fees for recording or filing federal liens.
Tax lien index—Duties of county auditor—Uniform commercial code filing system—Department of licensing.
Uniform application of chapter.
Short title.
Effective date—1988 c 73.
Effective date—1992 c 133.
60.70.010
60.68.045
60.68.045 Tax lien index—Duties of county auditor—Uniform commercial code filing system—Department of licensing. (1) When a notice of a tax lien is recorded
under RCW 60.68.015(2), the county auditor shall forthwith
enter it in the general index showing the name and residence
of the taxpayer named in the notice, the collector’s serial
number of the notice, the date and hour of recording, and the
amount of tax and penalty assessed. The auditor shall have
the ability to produce a separate tax lien index listing.
(2) When a notice of a tax lien is filed under RCW
60.68.015(3), the department of licensing shall enter it in the
uniform commercial code filing system showing the name
and address of the taxpayer as the debtor, and the internal revenue service as a secured party, and include the collector’s
serial number of the notice, the date and hour of filing, and
the amount of tax and penalty assessed. [1999 c 233 § 7;
1992 c 133 § 3; 1988 c 73 § 5.]
Effective date—1999 c 233: See note following RCW 4.28.320.
60.68.005
60.68.005 Application of chapter. This chapter applies
only to federal tax liens and to other federal liens, notices of
which under any act of congress or any regulation adopted
pursuant thereto are required or permitted to be recorded in
the same manner as notices of federal tax liens. [1988 c 73 §
1.]
60.68.015
60.68.015 Notice of federal liens. (1) Notices of liens,
certificates, and other notices affecting federal tax liens or
other federal liens must be recorded for record in accordance
with this chapter.
(2) Notices of liens upon real property for obligations
payable to the United States and certificates and notices
affecting the liens shall be recorded in the office of the
recorder of the county in which the real property subject to
the liens is situated.
(3) Notices of federal liens upon personal property,
whether tangible or intangible, for obligations payable to the
United States and certificates and notices affecting the liens
shall be filed with the department of licensing. [1992 c 133 §
1; 1988 c 73 § 2.]
60.68.900
60.68.900 Uniform application of chapter. This chapter shall be applied and construed to effectuate its general
purpose to make uniform the law with respect to the subject
of this chapter among states enacting it. [1988 c 73 § 6.]
60.68.901
60.68.901 Short title. This chapter may be known and
cited as the uniform federal lien registration act. [1988 c 73
§ 7.]
60.68.902
60.68.902 Effective date—1988 c 73. This chapter
shall take effect July 1, 1988. [1988 c 73 § 10.]
60.68.903
60.68.903 Effective date—1992 c 133. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1992.
[1992 c 133 § 4.]
Chapter 60.70
Chapter 60.70 RCW
LIMITATIONS ON NONCONSENSUAL
COMMON LAW LIENS
60.68.025
60.68.025 Certification of federal liens. Certification
of notices of liens, certificates, or other notices affecting federal liens by the United States secretary of the treasury or the
secretary’s delegate, or by an official or entity of the United
States responsible for recording or certifying of notice of any
other lien, entitles those liens to be recorded and no other
attestation, certification, or acknowledgement is necessary.
[1988 c 73 § 3.]
Sections
60.70.010
60.70.020
60.70.030
60.70.040
60.70.050
60.70.060
60.68.035
60.68.035 Fees for recording or filing federal liens.
(1) The fee for recording a lien on real estate with the county
auditor shall be as set forth in RCW 36.18.010.
(2) The fee for filing liens of personal property with the
department of licensing of the state of Washington shall be as
determined by the department.
(3) The recording or filing officer shall bill the district
directors of the internal revenue service or other appropriate
federal officials on a monthly basis for fees for documents
filed for record by them. [1992 c 133 § 2; 1988 c 73 § 4.]
(2006 Ed.)
60.70.070
Intent—Definitions.
Real property common law liens unenforceable—Personal
property common law liens limited.
No duty to accept filing of common law lien—Filing of a
notice of invalid lien.
No duty to disclose record of common law lien.
Immunity from liability for failure to accept filing or disclose
common law lien.
Petition for order directing common law lien claimant to
appear before court—Service of process—Filing fee—Costs
and attorneys’ fees.
Claim of lien against a federal, state, or local official or
employee—Performance of duties—Validity.
60.70.010
60.70.010 Intent—Definitions. (1) It is the intent of
this chapter to limit the circumstances in which nonconsensual common law liens shall be recognized in this state.
(2) For the purposes of this chapter:
(a) "Lien" means an encumbrance on property as security for the payment of a debt;
(b) "Nonconsensual common law lien" is a lien that:
[Title 60 RCW—page 39]
60.70.020
Title 60 RCW: Liens
(i) Is not provided for by a specific statute;
(ii) Does not depend upon the consent of the owner of the
property affected for its existence; and
(iii) Is not a court-imposed equitable or constructive lien;
(c) "State or local official or employee" means an
appointed or elected official or any employee of a state
agency, board, commission, department in any branch of
state government, or institution of higher education; or of a
school district, political subdivision, or unit of local government of this state; and
(d) "Federal official or employee" means an employee of
the government and federal agency as defined for purposes of
the federal tort claims act, 28 U.S.C. Sec. 2671.
(3) Nothing in this chapter is intended to affect:
(a) Any lien provided for by statute;
(b) Any consensual liens now or hereafter recognized
under the common law of this state; or
(c) The ability of courts to impose equitable or constructive liens. [1995 c 19 § 1; 1986 c 181 § 1.]
60.70.020
60.70.020 Real property common law liens unenforceable—Personal property common law liens limited.
Nonconsensual common law liens against real property shall
not be recognized or enforceable. Nonconsensual common
law liens claimed against any personal property shall not be
recognized or enforceable if, at any time the lien is claimed,
the claimant fails to retain actual lawfully acquired possession or exclusive control of the property. [1986 c 181 § 2.]
60.70.030
60.70.030 No duty to accept filing of common law
lien—Filing of a notice of invalid lien. (1) No person has a
duty to accept for filing or recording any claim of lien unless
the lien is authorized by statute or imposed by a court having
jurisdiction over property affected by the lien, nor does any
person have a duty to reject for filing or recording any claim
of lien, except as provided in subsection (2) of this section.
(2) No person shall be obligated to accept for filing any
claim of lien against a federal, state, or local official or
employee based on the performance or nonperformance of
that official’s or employee’s duties unless accompanied by a
specific order from a court of competent jurisdiction authorizing the filing of such lien.
(3) If a claim of lien as described in subsection (2) of this
section has been accepted for filing, the recording officer
shall accept for filing a notice of invalid lien signed and submitted by the assistant United States attorney representing the
federal agency of which the individual is an official or
employee; the assistant attorney general representing the
state agency, board, commission, department, or institution
of higher education of which the individual is an official or
employee; or the attorney representing the school district,
political subdivision, or unit of local government of this state
of which the individual is an official or employee. A copy of
the notice of invalid lien shall be mailed by the attorney to the
person who filed the claim of lien at his or her last known
address. No recording officer or county shall be liable for the
acceptance for filing of a claim of lien as described in subsection (2) of this section, nor for the acceptance for filing of a
notice of invalid lien pursuant to this subsection. [1995 c 19
§ 4; 1986 c 181 § 3.]
[Title 60 RCW—page 40]
60.70.040
60.70.040 No duty to disclose record of common law
lien. No person has a duty to disclose an instrument of record
or file that attempts to give notice of a common law lien. This
section does not relieve any person of any duty which otherwise may exist to disclose a claim of lien authorized by statute or imposed by order of a court having jurisdiction over
property affected by the lien. [1986 c 181 § 4.]
60.70.050
60.70.050 Immunity from liability for failure to
accept filing or disclose common law lien. A person is not
liable for damages arising from a refusal to record or file or a
failure to disclose any claim of a common law lien of record.
[1986 c 181 § 5.]
60.70.060
60.70.060 Petition for order directing common law
lien claimant to appear before court—Service of process—Filing fee—Costs and attorneys’ fees. (1) Any person whose real or personal property is subject to a recorded
claim of common law lien who believes the claim of lien is
invalid, may petition the superior court of the county in
which the claim of lien has been recorded for an order, which
may be granted ex parte, directing the lien claimant to appear
before the court at a time no earlier than six nor later than
twenty-one days following the date of service of the petition
and order on the lien claimant, and show cause, if any, why
the claim of lien should not be stricken and other relief provided for by this section should not be granted. The petition
shall state the grounds upon which relief is requested, and
shall be supported by the affidavit of the petitioner or his or
her attorney setting forth a concise statement of the facts
upon which the motion is based. The order shall be served
upon the lien claimant by personal service, or, where the
court determines that service by mail is likely to give actual
notice, the court may order that service be made by any person over eighteen years of age, who is competent to be a witness, other than a party, by mailing copies of the petition and
order to the lien claimant at his or her last known address or
any other address determined by the court to be appropriate.
Two copies shall be mailed, postage prepaid, one by ordinary
first class mail and the other by a form of mail requiring a
signed receipt showing when and to whom it was delivered.
The envelopes must bear the return address of the sender.
(2) The order shall clearly state that if the lien claimant
fails to appear at the time and place noted, the claim of lien
shall be stricken and released and that the lien claimant shall
be ordered to pay the costs incurred by the petitioner, including reasonable attorneys’ fees.
(3) The clerk of the court shall assign a cause number to
the petition and obtain from the petitioner a filing fee pursuant to RCW 36.18.012.
(4) If, following a hearing on the matter, the court determines that the claim of lien is invalid, the court shall issue an
order striking and releasing the claim of lien and awarding
costs and reasonable attorneys’ fees to the petitioner to be
paid by the lien claimant. If the court determines that the
claim of lien is valid, the court shall issue an order so stating
and may award costs and reasonable attorneys’ fees to the
lien claimant to be paid by the petitioner. [2006 c 192 § 4;
1995 c 19 § 2.]
(2006 Ed.)
Landlord’s Lien for Rent
60.70.070
60.72.040
60.70.070 Claim of lien against a federal, state, or
local official or employee—Performance of duties—
Validity. Any claim of lien against a federal, state, or local
official or employee based on the performance or nonperformance of that official’s or employee’s duties shall be invalid
unless accompanied by a specific order from a court of competent jurisdiction authorizing the filing of such lien or unless
a specific statute authorizes the filing of such lien. [1995 c 19
§ 3.]
Chapter 60.72
Chapter 60.72 RCW
LANDLORD’S LIEN FOR RENT
Liens created—Priority—Extent—Exceptions.
Foreclosure of lien.
60.72.010
60.72.010 Liens created—Priority—Extent—Exceptions. Any person to whom rent may be due, his or her executors, administrators, or assigns, shall have a lien for such
rent upon personal property which has been used or kept on
the rented premises by the tenant, except property of third
persons delivered to or left with the tenant for storage, repair,
manufacture, or sale, or under conditional bills of sale duly
filed, and such property as is exempt from execution by law.
Such liens for rent shall be paramount to, and have preference
over, all other liens except liens for taxes, general and special
liens of labor, and liens of mortgages duly recorded prior to
the tenancy. Such liens shall not be for more than two
months’ rent due, except that a lien for up to four months’
rent due may be established when the tenant is renting a
mobile home lot in a mobile home park as defined in RCW
59.20.030. No lien may be enforced for any rent or any
installment thereof which has been due for more than two
months at the time of the commencement of an action to foreclose such liens, except that a lien may be enforced for rent
due for up to four months at the time of the commencement
of an action to foreclose the lien when the tenant is renting a
mobile home lot in a mobile home park as defined in RCW
59.20.030. No writing or recording shall be necessary to create such lien; and if such property be removed from the
rented premises and not returned to the owner, agent, executor, administrator, or assign, the lien shall continue and be a
superior lien on the property so removed for ten days from
the date of its removal, and the lien may be enforced against
the property wherever found. In the event the property contained in the rented premises be destroyed by fire or other elements, the lien shall extend to any money that may be
received by the tenant as indemnity for the destruction of the
property, nor shall the lien be lost by the sale of the property,
except merchandise sold in the usual course of trade or to
purchasers without notice of the tenancy. The provisions of
this chapter shall not apply to, nor shall it be enforced against,
the property of tenants in dwelling houses or apartments or
any other place that is used exclusively as a home or residence of the tenant and his or her family. [1990 c 169 § 3;
1927 c 108 § 1; 1917 c 165 § 1; RRS § 1203-1. Formerly
RCW 60.72.010, 60.72.020, 60.72.030.]
(2006 Ed.)
60.72.040 Foreclosure of lien. Said lien may be foreclosed as provided in chapter 60.10 RCW. [1995 c 62 § 12;
1969 c 82 § 15; 1917 c 165 § 2; RRS § 1203-2.]
Chapter 60.76 RCW
LIEN OF EMPLOYEES FOR CONTRIBUTIONS
TO BENEFIT PLANS
Chapter 60.76
Sections
60.76.010
60.76.020
60.76.030
60.76.040
60.76.050
Lien authorized.
Notice of lien—Contents—Filing and serving.
Manner of serving notice.
Manner of enforcing lien—Costs.
Priority of lien.
60.76.010
Sections
60.72.010
60.72.040
60.76.050
60.76.010 Lien authorized. Every employer who is
required to pay contributions, by agreement or otherwise,
into a fund of any employee benefit plan in order that his
employee may participate therein, shall pay such contributions in the required amounts and at the stipulated time or
each employee affected thereby shall have a lien on the earnings and on all property used in the operation of said
employer’s business to the extent of the moneys, plus any
penalties, due to be paid by or on his behalf in order to qualify
him for participation therein, and for any moneys expended
or obligations incurred for medical, hospital, or other
expenses to which he would have been entitled had such
required contributions been paid. [1961 c 86 § 1.]
60.76.020
60.76.020 Notice of lien—Contents—Filing and serving. The lien claimant, or his representative on his behalf, or
the trustee of the fund on the claimant’s behalf, within sixty
days after such payment becomes due shall file for record
with the auditor of the county wherein the claimant is or was
employed by such employer a notice of claim, containing a
statement of the demand, the name of the employer and the
name of the person employing the claimant, if known, with a
statement of the pertinent terms and conditions of the
employee benefit plan and the time when such contributions
are due and were to have been paid, and shall serve or mail a
copy thereof to said employer within such time. [1961 c 86 §
2.]
60.76.030
60.76.030 Manner of serving notice. Service of the
notice of claim may be made in the same manner as summons
in civil actions. [1961 c 86 § 3.]
60.76.040
60.76.040 Manner of enforcing lien—Costs. The lien
may be enforced within the same time and in the same manner as mechanics’ liens are foreclosed when said lien is upon
real property, or within the same time and in the same manner
as chattel liens are enforced when the lien is upon personal
property. The court may allow, as part of the costs of the
action, the moneys paid for filing or recording the claim, a
reasonable attorney’s fee in the superior court, court of
appeals, and supreme court, and court costs. [1971 c 81 §
130; 1961 c 86 § 4.]
60.76.050
60.76.050 Priority of lien. The lien created herein shall
be preferred to any encumbrance which may attach after the
contribution payments became due and is also preferred to
[Title 60 RCW—page 41]
Chapter 60.80
Title 60 RCW: Liens
any encumbrance which may have attached previous to that
time, but which was not filed or recorded so as to create constructive notice thereof prior to that time, and of which the
lien claimant had no notice. [1961 c 86 § 5.]
Chapter 60.80 RCW
LIEN FOR UNRECORDED UTILITY CHARGES
(3) A closing agent may charge a fee for performing the
services required of the closing agent by this chapter, which
fee may be in addition to other fees or settlement charges collected in the course of ordinary settlement practices. [2004 c
215 § 8; 1996 c 43 § 2.]
Chapter 60.80
Sections
60.80.005
60.80.010
60.80.020
60.80.900
Definitions.
Seller of real property responsible for satisfying lien—Closing
agent’s duties and liabilities—Fee.
Seller’s duty to inform closing agent—Written waiver—Closing agent’s duties—Utility’s duties—Payment of final billing.
Effective date—1996 c 43.
60.80.005
60.80.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) Except as otherwise provided in this subsection (1),
"charges" include: (a) All lawful charges assessed by a utility
operated under chapter 35.21, 35.67, 36.36, 36.89, 36.94, or
57.08 RCW, but not evidenced by a recorded lien, recorded
covenant, recorded agreement, or special assessment roll
filed with the city or county treasurer or assessor, and not
billed and collected with property taxes; and (b) penalties and
interest, and reasonable attorneys’ fees and other costs of
foreclosure if foreclosure proceedings have been commenced.
(2) "Closing agent" means an escrow agent as defined in
RCW 18.44.011(6) or a person exempt from licensing
requirements under RCW 18.44.021, handling the escrow on
the sale of the real property.
(3) "Real estate agent" means a real estate broker, real
estate salesperson, associate real estate broker, or person as
defined in RCW 18.85.010 (1) through (4).
(4) "Business day" means a day the offices of the county
or counties in which the utility in question provides service
are open for business. [2004 c 215 § 7; 1996 c 43 § 1.]
60.80.010
60.80.010 Seller of real property responsible for satisfying lien—Closing agent’s duties and liabilities—Fee.
(1) Unless otherwise stated and acknowledged in writing by
the purchaser, the seller of a fee interest in real property is
responsible for satisfying, upon closing, any lien provided for
by RCW 35.21.290, 35.67.200, 36.36.045, 36.89.090, or
36.94.150.
(2) No closing agent may refuse a written request by the
seller or purchaser of a fee interest in real property to administer the disbursement of closing funds necessary to satisfy
unpaid charges as charges are defined in RCW 60.80.005.
Except as otherwise provided in this subsection (2), a closing
agent who refuses such a written request is liable to the purchaser for unpaid charges for utility services covered by the
request. A closing agent is not liable if the closing agent’s
refusal is based on the seller’s inaccurate or incomplete identification of utilities providing service to the property, or if a
utility fails to provide an estimated or actual final billing, or
written extension of the per diem rate, as required by RCW
60.80.020, or if disbursement of closing funds necessary to
satisfy the unpaid charges would violate RCW 18.44.400.
[Title 60 RCW—page 42]
60.80.020
60.80.020 Seller’s duty to inform closing agent—
Written waiver—Closing agent’s duties—Utility’s
duties—Payment of final billing. (1) Unless the seller and
purchaser waive, in writing, the services of a closing agent in
administering the disbursement of closing funds necessary to
satisfy unpaid charges as charges are defined in RCW
60.80.005, the seller shall, as a provision in a written agreement for the purchase and sale of real estate, inform the closing agent for the sale of the names and addresses of all utilities, including special districts, providing service to the property under chapter 35.21, 35.67, 36.36, 36.89, 36.94, or 57.08
RCW. The provision of the information in a written agreement for the purchase and sale of real estate constitutes a
written request to the closing agent to administer disbursement of closing funds necessary to satisfy unpaid charges.
Unless the seller and purchaser have waived the services
of a closing agent as provided in this subsection, the closing
agent shall submit a written request for a final billing to each
utility identified by the seller as providing service to the property under chapter 35.21, 35.67, 36.36, 36.89, 36.94, or 57.08
RCW. Either the seller or purchaser may submit a written
request for a final billing to each utility identified by the
seller as providing service to the property under chapter
35.21, 35.67, 36.36, 36.89, 36.94, or 57.08 RCW.
The written request must identify the property by both
legal description and address. The closing agent, seller, or
purchaser may submit a written request to a utility by facsimile. In requesting final billings for utility services, the closing
agent may rely upon information provided by the seller, and
a closing agent or a real estate agent who is not the seller is
not liable for inaccurate or incomplete information.
(2) After receiving a written request for a final billing for
utility services to real property to be sold, a utility operated
under chapter 35.21, 35.67, 36.36, 36.89, 36.94, or 57.08
RCW shall provide the requesting party with a written estimated or actual final billing as provided in this section. If the
utility is unable to provide a written estimated or actual final
billing or written extension of the per diem rate, due to insufficient information to identify the account, the utility shall
notify the requesting party in writing that the information is
insufficient to identify the account.
The utility shall provide the written estimated or actual
final billing, or statement that the information in the request
is insufficient to identify the account, to the requesting party
within seven business days of receipt of the written request if
the request was mailed to the utility, or within three business
days if the request was sent to the utility by facsimile or delivered to the utility by messenger. A utility may provide a written estimated or actual final billing to the requesting party by
facsimile.
(a) The final billing must include all outstanding charges
and, in addition to the estimated or actual final amount owing
as of the stated closing date, must state the average per diem
rate for the utility or utilities involved, including taxes and
(2006 Ed.)
Lien on Dies, Molds, Forms, and Patterns
other charges, which shall apply for up to thirty days beyond
the stated closing date if the closing date is delayed.
(b) If closing is delayed beyond thirty days, a new estimated or actual final billing must be requested in writing. In
lieu of furnishing a written revised final billing, the utility
may extend, in writing, the number of days for which the per
diem charge applies. The utility shall respond within seven
business days of receipt of the written request for a new estimated or actual final billing if the request was mailed to the
utility, or within three business days if the request was sent to
the utility by facsimile or delivered to the utility by messenger.
(c) If a utility fails to provide a written estimated or
actual final billing, written extension of the per diem rate, or
statement that the information in the request is insufficient to
identify the account, within seven business days of receipt of
a written request if the request was mailed to the utility, or
within three business days if the request was sent to the utility
by facsimile or delivered to the utility by messenger, an unrecorded lien provided for by RCW 35.21.290, 35.67.200,
36.36.045, 36.89.090, or 36.94.150 for charges incurred prior
to the closing date is extinguished, and the utility may not
recover the charges from the purchaser of the property.
(d) A closing agent shall inform the seller and purchaser
of all applicable estimated and actual final billings furnished
by utilities.
In performing his or her duties under this chapter, a closing agent may rely upon information provided by utilities and
is not liable if information provided by utilities is inaccurate
or incomplete.
(3) If closing occurs no later than the last date for which
per diem charges may be applied, full payment of the estimated or actual final billing plus per diem charges extinguishes a lien of the utility provided for by RCW 35.21.290,
35.67.200, 36.36.045, 36.89.090, or 36.94.150 for charges
incurred prior to the closing date.
(4)(a) Except as otherwise provided in this subsection
(4)(a), this section does not limit the right of a utility to
recover from the purchaser of the property unpaid utility
charges incurred prior to closing, if the utility did not receive
a written request for a final billing or if the utility complied
with subsection (2) of this section.
A utility may not recover from a purchaser unpaid utility
charges incurred prior to closing in excess of an estimated
final billing.
(b) This section does not limit the right of a utility to
recover unpaid utility charges incurred prior to closing,
including unpaid utility charges in excess of an estimated
final billing, from the seller of the property, or from the person or persons who incurred the charges.
(c) If an estimated final billing is in excess of the actual
final billing, unless otherwise directed in writing by the seller
and purchaser, a utility shall refund any overcharge to the
seller of the property by sending the refund in the seller’s
name to the last address provided by the seller. A utility shall
refund the overcharge within fourteen business days of the
date the utility receives payment for the final billing, unless a
county treasurer acts in an ex officio capacity as the treasurer
of a utility, in which case the utility shall refund the overcharge within thirty business days of the date the utility
(2006 Ed.)
60.84.010
receives payment for the final billing. [2004 c 215 § 9; 1996
c 43 § 3.]
60.80.900
60.80.900 Effective date—1996 c 43. This act shall
take effect January 1, 1997. [1996 c 43 § 4.]
Chapter 60.84 RCW
LIEN ON DIES, MOLDS, FORMS, AND PATTERNS
Chapter 60.84
Sections
60.84.005
60.84.010
Definitions.
Plastic fabricator, molder, and person conducting a plastic fabricating business has a lien—May retain possession—Notice
to customer—Foreclosure by notice and sale.
60.84.005
60.84.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Customer" means an individual or entity that contracts with, causes, or caused a plastic fabricator to use a die,
mold, form, or pattern to manufacture, assemble, or otherwise make a plastic product.
(2) "Plastic fabricator," "fabricator," or "molder" means
an individual or entity, including but not limited to a tool or
die maker, that contracts to or uses a die, mold, form, or pattern to manufacture, assemble, or otherwise make a plastic
product for a customer. [1996 c 235 § 3.]
60.84.010
60.84.010 Plastic fabricator, molder, and person conducting a plastic fabricating business has a lien—May
retain possession—Notice to customer—Foreclosure by
notice and sale. (1) A plastic fabricator, molder, and person
conducting a plastic fabricating business has a lien, dependent on possession, on a die, mold, form, or pattern belonging
to the customer for the amount owing from the customer for
plastic fabrication work and for the value of materials used in
the work. The fabricator may retain possession of the die,
mold, form, or pattern until the charges are paid. This lien
does not have priority over any security interest in the die,
mold, form, or pattern that is perfected at the time the fabricator acquires the lien.
(2) Before a lien is enforced, the fabricator must cause
written notice to be delivered personally or by registered or
certified mail to the last known address of the customer. The
notice must state that the fabricator will exercise its lien right
because of nonpayment. The notice must also state the
amount of money owed and demand payment. The fabricator’s name, address, and phone number must be included in
the notice.
(3) If the fabricator is not paid the total due within sixty
days after the notice has been received by the customer, the
fabricator may foreclose the lien by notice and sale as provided in this section, if the die, mold, form, or pattern is in the
fabricator’s possession. The fabricator must send notice of
intended sale, by registered or certified mail with return
receipt requested, to the last known address of the customer.
The notice must include: A description of the die, mold,
form, or pattern to be sold; a statement of intent to sell the die,
mold, form, or pattern at public sale; the date, time, and place
of the sale; and an itemized statement of moneys owing.
[Title 60 RCW—page 43]
60.84.010
Title 60 RCW: Liens
If there is no return receipt or if the postal service returns
the notice as undeliverable, the fabricator shall publish notice
of intention to sell the die, mold, form, or pattern at public
sale in a newspaper of general circulation in the county where
the die, mold, form, or pattern is physically located. The publication must include: A description of the die, mold, form,
or pattern; the name, address, and phone number of the customer; the name, address, and phone number of the fabricator; and the date, time, and place of the sale.
The fabricator is entitled to the amount owing plus the
costs of holding, preparing for sale, and selling the die, mold,
form, or pattern. The fabricator is also entitled to reasonable
attorneys’ fees incurred.
(4) If the sale proceeds exceed the amount owing, the
excess must be paid to subsequent lien holders. Any remainder must be remitted to the customer.
(5) A public sale may not be held under this section if it
is in violation of a right of a customer under federal patent or
copyright law. [1996 c 235 § 4.]
[Title 60 RCW—page 44]
(2006 Ed.)
Title 61
Title 61
MORTGAGES, DEEDS OF TRUST, AND
REAL ESTATE CONTRACTS
Chapters
61.10 Mortgage insurance.
61.12 Foreclosure of real estate mortgages and personal property liens.
61.16 Assignment and satisfaction of real estate and
chattel mortgages.
61.24 Deeds of trust.
61.30 Real estate contract forfeitures.
61.34 Equity skimming.
Banks, real estate holdings: RCW 30.04.210.
Consumer loan act: Chapter 31.04 RCW.
Corporate powers of banks and trust companies: RCW 30.08.140,
30.08.150.
Credit unions: Chapter 31.12 RCW.
Excise tax on real estate sales: Chapter 82.45 RCW.
Frauds and swindles—Encumbered, leased or rented personal property:
RCW 9.45.060.
Fraudulent conveyances: Chapter 19.40 RCW.
Insurance companies, investments: Chapter 48.13 RCW.
Interest, usury: Chapter 19.52 RCW.
Joint tenancies: Chapter 64.28 RCW.
Liens: Title 60 RCW.
Motor vehicles, certificates of ownership: Chapter 46.12 RCW.
Mutual savings banks
investments: Chapter 32.20 RCW.
powers and duties: Chapters 32.08, 32.12, 32.16 RCW.
Negotiable instruments: Title 62A RCW.
Possession of real property to collect mortgaged, pledged or assigned rents
and profits: RCW 7.28.230.
Property taxes: Title 84 RCW.
Real estate brokers and salespersons: Chapter 18.85 RCW.
Real property and conveyances: Title 64 RCW.
Recording master form instruments and mortgages or deeds of trust incorporating master form provisions: RCW 65.08.160.
Recording mortgages: Title 65 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Savings and loan associations: Title 33 RCW.
Statute of frauds: Chapter 19.36 RCW.
Chapter 61.10
Chapter 61.10 RCW
MORTGAGE INSURANCE
Sections
61.10.010
61.10.020
61.10.030
61.10.040
61.10.900
61.10.901
(2006 Ed.)
Definitions.
Condition of residential mortgage transaction—Disclosures—
Notices—Harm to borrower—Compliance with federal
requirements.
Termination of insurance during term of indebtedness—
Exception—Required conditions—Application to residential mortgage transactions—Compliance with federal
requirements.
Not required when loan is less than eighty percent of value—
Compliance with federal requirements.
Severability—1998 c 255.
Effective date—1998 c 255.
61.10.010 Definitions. As used in this chapter:
(1) "Institutional third party" means the federal national
mortgage association, the federal home loan mortgage corporation, the government national mortgage association, and
other substantially similar institutions, whether public or private, provided the institutions establish and adhere to rules
applicable to the right of cancellation of mortgage insurance,
which are the same or substantially the same as those utilized
by the institutions named in this subsection.
(2) "Mortgage insurance" means insurance, including
mortgage guarantee insurance, against financial loss by reason of nonpayment of principal, interest, and other sums
agreed to be paid in a residential mortgage transaction.
(3) "Residential mortgage transaction" means entering
into a loan for personal, family, household, or purchase
money purposes that is secured by a deed of trust or mortgage
on owner-occupied, one-to-four unit, residential real property
located in the state of Washington. [1998 c 255 § 1.]
61.10.010
61.10.020 Condition of residential mortgage transaction—Disclosures—Notices—Harm to borrower—Compliance with federal requirements. (1) If a borrower is
required to obtain and maintain mortgage insurance as a condition of entering into a residential mortgage transaction, the
lender shall disclose to the borrower whether and under what
conditions the borrower has the right to cancel the mortgage
insurance in the future. This disclosure shall include:
(a) Any identifying loan or insurance information, or
other information, necessary to permit the borrower to communicate with the servicer or lender concerning the private
mortgage insurance;
(b) The conditions that are required to be satisfied before
the mortgage insurance may be canceled; and
(c) The procedures required to be followed by the borrower to cancel the mortgage insurance.
The disclosure required in this subsection shall be made
in writing at the time the transaction is entered into.
(2) For residential mortgage transactions with mortgage
insurance, the lender, or the person servicing the residential
mortgage transaction if it is not the lender, annually shall provide the borrower with:
(a) A notice containing the same information as required
to be disclosed under subsection (1) of this section; or
(b) A statement indicating that the borrower may be able
to cancel the mortgage insurance and that the borrower may
contact the lender or loan servicer at a designated address and
phone number to find out whether the insurance can be canceled and the conditions and procedures to effect cancellation.
The notice or statement required by this subsection shall
be provided in writing in a clear and conspicuous manner in
or with each annual statement of account.
61.10.020
[Title 61 RCW—page 1]
61.10.030
Title 61 RCW: Mortgages, Deeds of Trust, and Real Estate Contracts
(3) The notices and statements required in this section
shall be provided without cost to the borrower.
(4) Any borrower in a residential mortgage transaction
who is harmed by a violation of this section may obtain
injunctive relief, may recover from the party who caused
such harm by failure to comply with this section up to three
times the amount of mortgage insurance premiums wrongly
collected, and may recover reasonable attorneys’ fees and
costs of such action.
(5) This section does not apply to any mortgage funded
with bond proceeds issued under an indenture requiring mortgage insurance for the life of the loan or to loans insured by
the federal housing administration or the veterans administration.
(6) Subsection (1) of this section applies to residential
mortgage transactions entered into on or after July 1, 1998.
Subsection (2) of this section applies to any residential mortgage transaction existing on July 1, 1998, or entered into on
or after July 1, 1998.
(7) A lender or person servicing a residential mortgage
transaction who complies with federal requirements, as now
or hereafter enacted, prescribing mortgage insurance disclosures and notifications shall be deemed in compliance with
this section. [1998 c 255 § 2.]
61.10.030 Termination of insurance during term of
indebtedness—Exception—Required conditions—Application to residential mortgage transactions—Compliance
with federal requirements. (1) Except when a statute, regulation, rule, or written guideline promulgated by an institutional third party applicable to a residential mortgage transaction purchased in whole or in part by an institutional third
party specifically prohibits cancellation during the term of
indebtedness, the lender or servicer of a residential mortgage
transaction may not charge or collect future payments from a
borrower for mortgage insurance, and the borrower is not
obligated to make such payments, if all of the following conditions are satisfied:
(a) The borrower makes a written request to terminate
the obligation to make future payments for mortgage insurance;
(b) The residential mortgage transaction is at least two
years old;
(c) The outstanding principal balance of the residential
loan is not greater than eighty percent of the current fair market value of the property and is:
(i) For loans made for the purchase of the property, less
than eighty percent of the lesser of the sales price or the
appraised value at the time the transaction is entered into; or
(ii) For all other residential mortgage transactions, less
than eighty percent of the appraised value at the time the residential loan transaction was entered into.
The lender or servicer may request that a current
appraisal be done to verify the outstanding principal balance
is less than eighty percent of the current fair market value of
the property; unless otherwise agreed to in writing, the lender
or servicer selects the appraiser and splits the cost with the
borrower;
(d) The borrower’s scheduled payment of monthly
installments or principal, interest, and any escrow obligations
is current at the time the borrower requests termination of his
61.10.030
[Title 61 RCW—page 2]
or her obligation to continue to pay for mortgage insurance,
those installments have not been more than thirty days late in
the last twelve months, and the borrower has not been
assessed more than one late penalty over the past twelve
months;
(e) A notice of default has not been recorded against the
property as the result of a nonmonetary default in the previous twelve months.
(2) This section applies to residential mortgage transactions entered into on or after July 1, 1998.
(3) This section does not apply to:
(a) Any residential mortgage transaction that is funded in
whole or in part pursuant to authority granted by statute, regulation, or rule that, as a condition of that funding, prohibits
or limits termination of payments for mortgage insurance
during the term of the indebtedness; or
(b) Any mortgage funded with bond proceeds issued
under an indenture requiring mortgage insurance for the life
of the loan.
(4) If the residential mortgage transaction will be or has
been sold in whole or in part to an institutional third party,
adherence to the institutional third party’s standards for termination of future payments for mortgage insurance shall be
deemed in compliance with this section.
(5) A lender or person servicing a residential mortgage
transaction who complies with federal requirements, as now
or hereafter enacted, governing the cancellation of mortgage
insurance shall be deemed in compliance with this section.
[1998 c 255 § 3.]
61.10.040
61.10.040 Not required when loan is less than eighty
percent of value—Compliance with federal requirements.
On or after July 1, 1998, no borrower entering into a residential mortgage transaction in which the principal amount of the
loan is less than eighty percent of the fair market value of the
property shall be required to obtain mortgage insurance. Fair
market value for a purchase money loan is the lesser of the
sales price or the appraised value. This section shall not apply
to residential mortgage transactions in an amount in excess of
the maximum limits established by institutional third parties
where the borrower and the lender have agreed in writing to
mortgage insurance.
A lender or person servicing a residential mortgage
transaction who complies with federal requirements, as now
or hereafter enacted, governing the requirement of obtaining
mortgage insurance shall be deemed in compliance with this
section. [1998 c 255 § 4.]
61.10.900
61.10.900 Severability—1998 c 255. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1998 c 255 § 5.]
61.10.901
61.10.901 Effective date—1998 c 255. This act takes
effect July 1, 1998. [1998 c 255 § 6.]
(2006 Ed.)
Foreclosure of Real Estate Mortgages and Personal Property Liens
Chapter 61.12 RCW
FORECLOSURE OF REAL ESTATE MORTGAGES
AND PERSONAL PROPERTY LIENS
Chapter 61.12
Sections
61.12.010
61.12.020
61.12.030
61.12.040
61.12.050
61.12.060
61.12.061
61.12.070
61.12.080
61.12.090
61.12.093
61.12.094
61.12.095
61.12.100
61.12.110
61.12.120
61.12.130
61.12.140
61.12.150
61.12.170
Encumbrances shall be by deed.
Mortgage—Form—Contents—Effect.
Removal of property from mortgaged premises—Penalty.
Foreclosure—Venue.
When remedy confined to mortgaged property.
Judgment—Order of sale—Satisfaction—Upset price.
Exception as to mortgages held by the United States.
Decree to direct deficiency—Waiver in complaint.
Deficiency judgment—How enforced.
Execution on decree—Procedure.
Abandoned improved real estate—Purchaser takes free of
redemption rights.
Abandoned improved real estate—Deficiency judgment precluded—Complaint, requisites, service.
Abandoned improved real estate—Not applicable to property
used primarily for agricultural purposes.
Levy for deficiency under same execution.
Notice of sale on deficiency.
Concurrent actions prohibited.
Payment of sums due—Stay of proceedings.
Sale in parcels to pay installments due.
Sale of whole property—Disposition of proceeds.
Recording.
61.12.060
or remove or to cause to be destroyed or removed from the
real estate any fixtures, buildings, or permanent improvements including a manufactured home whose title has been
eliminated under chapter 65.20 RCW, not including crops
growing thereon, without having first obtained from the owners or holders of each and all of such mortgages or other liens
his, her, or their written consent for such removal or destruction.
(2) Any person willfully violating this section is guilty of
a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a period not to
exceed six months, or by a fine of not more than five hundred
dollars, or by both such fine and imprisonment. [2003 c 53 §
288; 1989 c 343 § 21; 1899 c 75 § 1; RRS § 2709, part.
FORMER PART OF SECTION: 1899 c 75 § 2 now codified
as RCW 61.12.031.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
61.12.040
Mortgaging of decedents’ estates: Chapter 11.56 RCW.
61.12.040 Foreclosure—Venue. When default is made
in the performance of any condition contained in a mortgage,
the mortgagee or his assigns may proceed in the superior
court of the county where the land, or some part thereof, lies,
to foreclose the equity of redemption contained in the mortgage. [Code 1881 § 609; 1877 p 127 § 614; 1869 p 145 §
563; 1854 p 207 § 408; RRS § 1116.]
Notice and sale summary foreclosure of personal property liens: Chapter
60.10 RCW.
Real property, actions concerning to be brought where property is located:
RCW 4.12.010.
Community realty, encumbering: RCW 26.16.040.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Foreclosure by organizations not admitted to transact business in state:
Chapter 23B.18 RCW.
Mortgagee cannot maintain action for possession: RCW 7.28.230.
Partition, sales on credit: RCW 7.52.290, 7.52.420.
Possession of real estate to collect mortgaged rents and profits: RCW
7.28.230.
Sales under execution and redemption: Chapter 6.21 RCW.
61.12.010 Encumbrances shall be by deed.
RCW 64.04.010.
61.12.010
See
61.12.050
61.12.050 When remedy confined to mortgaged
property. When there is no express agreement in the mortgage nor any separate instrument given for the payment of the
sum secured thereby, the remedy of the mortgagee shall be
confined to the property mortgaged. [Code 1881 § 610; 1877
p 127 § 615; 1869 p 146 § 564; 1854 p 207 § 409; RRS §
1117.]
61.12.020
61.12.020 Mortgage—Form—Contents—Effect.
Mortgages of land may be made in substantially the following form: The mortgagor (here insert name or names) mortgages to (here insert name or names) to secure the payment of
(here insert the nature and amount of indebtedness, showing
when due, rate of interest, and whether evidenced by note,
bond or other instrument or not) the following described real
estate (here insert description) situated in the county of
. . . . . ., state of Washington.
Dated this . . . . day of . . . . . ., 19. . .
Every such mortgage, when otherwise properly executed,
shall be deemed and held a good and sufficient conveyance
and mortgage to secure the payment of the money therein
specified. The parties may insert in such mortgage any lawful
agreement or condition. [1929 c 33 § 12; RRS § 10555.
Prior: 1888 c 26 § 1; 1886 p 179 § 6.]
61.12.030
61.12.030 Removal of property from mortgaged premises—Penalty. (1) When any real estate in this state is subject to, or is security for, any mortgage, mortgages, lien or
liens, other than general liens arising under personal judgments, it shall be unlawful for any person who is the owner,
mortgagor, lessee, or occupant of such real estate to destroy
(2006 Ed.)
61.12.060
61.12.060 Judgment—Order of sale—Satisfaction—
Upset price. In rendering judgment of foreclosure, the court
shall order the mortgaged premises, or so much thereof as
may be necessary, to be sold to satisfy the mortgage and costs
of the action. The payment of the mortgage debt, with interest
and costs, at any time before sale, shall satisfy the judgment.
The court, in ordering the sale, may in its discretion, take
judicial notice of economic conditions, and after a proper
hearing, fix a minimum or upset price to which the mortgaged premises must be bid or sold before confirmation of
the sale.
The court may, upon application for the confirmation of
a sale, if it has not theretofore fixed an upset price, conduct a
hearing, establish the value of the property, and, as a condition to confirmation, require that the fair value of the property
be credited upon the foreclosure judgment. If an upset price
has been established, the plaintiff may be required to credit
this amount upon the judgment as a condition to confirmation. If the fair value as found by the court, when applied to
the mortgage debt, discharges it, no deficiency judgment
shall be granted. [1935 c 125 § 1; Code 1881 § 611; 1877 p
127 § 616; 1869 p 146 § 565; 1854 p 207 § 410; RRS § 1118.
[Title 61 RCW—page 3]
61.12.061
Title 61 RCW: Mortgages, Deeds of Trust, and Real Estate Contracts
FORMER PART OF SECTION: 1935 c 125 § 1 1/2 now
codified as RCW 61.12.061.]
Confirmation of sale of land: RCW 6.21.110.
61.12.061
61.12.061 Exception as to mortgages held by the
United States. The provisions of *this act shall not apply to
any mortgage while such mortgage is held by the United
States or by any agency, department, bureau, board or commission thereof as security or pledge of the maker, its successors or assigns. [1935 c 125 § 1 1/2; RRS § 1118-1. Formerly
RCW 61.12.060, part.]
*Reviser’s note: "this act" appears in 1935 c 125 § 1 1/2; section 1 of
the 1935 act amends Code 1881 § 611; the 1935 act is codified as RCW
61.12.060 and 61.12.061.
structures, if the court finds that the mortgagor or his successor in interest has abandoned said property for six months or
more, the purchaser at the sheriff’s sale shall take title in and
to such property free from all redemption rights as provided
for in RCW 6.23.010 et seq. upon confirmation of the sheriff’s sale by the court. Lack of occupancy by, or by authority
of, the mortgagor or his successor in interest for a continuous
period of six months or more prior to the date of the decree of
foreclosure, coupled with failure to make payment upon the
mortgage obligation within the said six month period, will be
prima facie evidence of abandonment. [1965 c 80 § 1; 1963
c 34 § 1.]
Deed to issue upon request immediately after confirmation of sale: RCW
6.21.120.
61.12.070
61.12.070 Decree to direct deficiency—Waiver in
complaint. When there is an express agreement for the payment of the sum of money secured contained in the mortgage
or any separate instrument, the court shall direct in the decree
of foreclosure that the balance due on the mortgage, and costs
which may remain unsatisfied after the sale of the mortgaged
premises, shall be satisfied from any property of the mortgage debtor: PROVIDED, HOWEVER, That in all cases
where the mortgagee or other owner of such mortgage has
expressly waived any right to a deficiency judgment in the
complaint, as provided by RCW 6.23.020, there shall be no
such judgment for deficiency, and the remedy of the mortgagee or other owner of the mortgage shall be confined to the
sale of the property mortgaged. [1961 c 196 § 4; Code 1881
§ 612; 1877 p 127 § 617; 1869 p 146 § 566; 1854 p 208 § 411;
RRS § 1119.]
61.12.080
61.12.080 Deficiency judgment—How enforced.
Judgments over for any deficiency remaining unsatisfied
after application of the proceeds of sale of mortgaged property, either real or personal, shall be similar in all respects to
other judgments for the recovery of money, and may be made
a lien upon the property of a judgment debtor as other judgments, and the collections thereof enforced in the same manner. [Code 1881 § 622; 1877 p 129 § 625; 1869 p 148 § 575;
RRS § 1120.]
Enforcement of judgments: Title 6 RCW.
61.12.090
61.12.090 Execution on decree—Procedure. A decree
of foreclosure of mortgage or other lien may be enforced by
execution as an ordinary judgment or decree for the payment
of money. The execution shall contain a description of the
property described in the decree. The sheriff shall endorse
upon the execution the time when he receives it, and he shall
thereupon forthwith proceed to sell such property, or so much
thereof as may be necessary to satisfy the judgment, interest
and costs upon giving the notice prescribed in RCW
6.21.030. [1988 c 231 § 36; 1899 c 53 § 1; RRS § 1121. Cf.
Code 1881 § 613; 1869 p 146 § 567; 1854 p 208 § 412.]
Severability—1988 c 231: See note following RCW 6.01.050.
Property exempt from execution and attachment: RCW 6.15.010.
61.12.093
61.12.093 Abandoned improved real estate—Purchaser takes free of redemption rights. In actions to foreclose mortgages on real property improved by structure or
[Title 61 RCW—page 4]
61.12.094
61.12.094 Abandoned improved real estate—Deficiency judgment precluded—Complaint, requisites, service. When proceeding under RCW 61.12.093 through
61.12.095 no deficiency judgment shall be allowed. No mortgagee shall deprive any mortgagor, his successors in interest,
or any redemptioner of redemption rights by default decree
without alleging such intention in the complaint: PROVIDED, HOWEVER, That such complaint need not be
served upon any person who acquired the status of such successor in interest or redemptioner after the recording of lis
pendens in such foreclosure action. [1965 c 80 § 2; 1963 c 34
§ 2.]
61.12.095
61.12.095 Abandoned improved real estate—Not
applicable to property used primarily for agricultural
purposes. RCW 61.12.093 and 61.12.094 shall not apply to
property used primarily for agricultural purposes. [1965 c 80
§ 3; 1963 c 34 § 3.]
61.12.100
61.12.100 Levy for deficiency under same execution.
In all actions of foreclosure where there is a decree for the
sale of the mortgaged premises or property, and a judgment
over for any deficiency remaining unsatisfied after applying
the proceeds of the sale of mortgaged property, further levy
and sales upon other property of the judgment debtor may be
made under the same execution. In such sales it shall only be
necessary to advertise notice for two weeks in a newspaper
published in the county where the said property is located,
and if there be no newspaper published therein, then in the
most convenient newspaper having a circulation in such
county. [Code 1881 § 620; 1877 p 129 § 623; 1873 p 151 §
571; 1869 p 148 § 573; RRS § 1123.]
61.12.110
61.12.110 Notice of sale on deficiency. When sales of
other property not embraced in the mortgage or decree of sale
are made under the execution to satisfy any deficiency
remaining due upon judgment, two weeks’ publication of
notice of such sale shall be sufficient. Such notice shall be
published in a newspaper printed in the county where the
property is situated, and if there be no newspaper published
therein, then in the most convenient newspaper having a circulation in said county. [Code 1881 § 621; 1877 p 129 § 624;
1869 p 148 § 574; RRS § 1124.]
Notice of sales under execution: RCW 6.21.020.
(2006 Ed.)
Assignment and Satisfaction of Real Estate and Chattel Mortgages
61.12.120
61.12.120 Concurrent actions prohibited. The plaintiff shall not proceed to foreclose his mortgage while he is
prosecuting any other action for the same debt or matter
which is secured by the mortgage, or while he is seeking to
obtain execution of any judgment in such other action; nor
shall he prosecute any other action for the same matter while
he is foreclosing his mortgage or prosecuting a judgment of
foreclosure. [Code 1881 § 614; 1877 p 128 § 619; 1869 p 146
§ 568; 1854 p 208 § 413; RRS § 1125.]
61.12.130
61.12.130 Payment of sums due—Stay of proceedings. Whenever a complaint is filed for the foreclosure of a
mortgage upon which there shall be due any interest or
installment of the principal, and there are other installments
not due, if the defendant pay into the court the principal and
interest due, with costs, at any time before the final judgment,
proceedings thereon shall be stayed, subject to be enforced
upon a subsequent default in the payment of any installment
of the principal or interest thereafter becoming due. In the
final judgment, the court shall direct at what time and upon
what default any subsequent execution shall issue. [Code
1881 § 615; 1877 p 128 § 620; 1869 p 147 § 569; 1854 p 208
§ 414; RRS § 1126.]
61.12.140
61.12.140 Sale in parcels to pay installments due. In
such cases, after final judgment, the court shall ascertain
whether the property can be sold in parcels, and if it can be
done without injury to the interests of the parties, the court
shall direct so much only of the premises to be sold, as will be
sufficient to pay the amount then due on the mortgage with
costs, and the judgment shall remain and be enforced upon
any subsequent default, unless the amount due shall be paid
before execution of the judgment is perfected. [Code 1881 §
616; 1877 p 128 § 620 (2d of 2 sections with same number);
1869 p 147 § 570; 1854 p 208 § 415; RRS § 1127.]
61.12.150
61.12.150 Sale of whole property—Disposition of
proceeds. If the mortgaged premises cannot be sold in parcels, the court shall order the whole to be sold, and the proceeds of the sale shall be applied first to the payment of the
principal due, interest and costs, and then to the residue
secured by the mortgage and not due; and if the residue does
not bear interest, a deduction shall be made therefrom by discounting the legal interest; and in all cases where the proceeds of the sale shall be more than sufficient to pay the
amount due and costs, the surplus shall be paid to the mortgage debtor, his heirs and assigns. [Code 1881 § 617; 1877 p
128 § 621; 1869 p 147 § 571; 1854 p 208 § 416; RRS § 1128.]
61.12.170
61.12.170 Recording.
See chapter 65.08 RCW.
Chapter 61.16 RCW
ASSIGNMENT AND SATISFACTION OF REAL
ESTATE AND CHATTEL MORTGAGES
Chapter 61.16
Sections
61.16.010
61.16.020
61.16.030
Assignments, how made—Satisfaction by assignee.
Mortgages, how satisfied of record.
Failure to acknowledge satisfaction of mortgage—Damages—
Order.
Effect of recording assignment of mortgage: RCW 65.08.120.
(2006 Ed.)
Chapter 61.24
61.16.010
61.16.010 Assignments, how made—Satisfaction by
assignee. Any person to whom any real estate mortgage is
given, or the assignee of any such mortgage, may, by an
instrument in writing, signed and acknowledged in the manner provided by law entitling mortgages to be recorded,
assign the same to the person therein named as assignee, and
any person to whom any such mortgage has been so assigned,
may, after the assignment has been recorded in the office of
the auditor of the county wherein such mortgage is of record,
acknowledge satisfaction of the mortgage, and discharge the
same of record. [1995 c 62 § 13; 1897 c 23 § 1; RRS §
10616.]
Validating—1897 c 23: "All satisfactions of mortgages heretofore
made by the assignees thereof, where the assignment was in writing, signed
by the mortgagee or assignee, and where the same was recorded in the office
of the auditor of the county wherein the mortgage was recorded, are hereby
validated, and such satisfactions of mortgages so made shall have the same
effect as if made by the mortgagees in such mortgages." [1897 c 23 § 2.]
61.16.020
61.16.020 Mortgages, how satisfied of record. Whenever the amount due on any mortgage is paid, the mortgagee
or the mortgagee’s legal representatives or assigns shall, at
the request of any person interested in the property mortgaged, execute an instrument in writing referring to the mortgage by the volume and page of the record or otherwise sufficiently describing it and acknowledging satisfaction in full
thereof. Said instrument shall be duly acknowledged, and
upon request shall be recorded in the county wherein the
mortgaged property is situated. Every instrument of writing
heretofore recorded and purporting to be a satisfaction of
mortgage, which sufficiently describes the mortgage which it
purports to satisfy so that the same may be readily identified,
and which has been duly acknowledged before an officer
authorized by law to take acknowledgments or oaths, is
hereby declared legal and valid, and a certified copy of the
record thereof is hereby constituted prima facie evidence of
such satisfaction. [1995 c 62 § 14; 1985 c 44 § 13; 1901 c 52
§ 1; 1886 p 116 § 1; RRS § 10614.]
61.16.030
61.16.030 Failure to acknowledge satisfaction of
mortgage—Damages—Order. If the mortgagee fails to
acknowledge satisfaction of the mortgage as provided in
RCW 61.16.020 sixty days from the date of such request or
demand, the mortgagee shall forfeit and pay to the mortgagor
damages and a reasonable attorneys’ fee, to be recovered in
any court having competent jurisdiction, and said court, when
convinced that said mortgage has been fully satisfied, shall
issue an order in writing, directing the auditor to immediately
record the order. [1999 c 233 § 8; 1995 c 62 § 15; 1984 c 14
§ 1; 1886 p 117 § 2; RRS § 10615.]
Effective date—1999 c 233: See note following RCW 4.28.320.
Chapter 61.24
Chapter 61.24 RCW
DEEDS OF TRUST
Sections
61.24.005
61.24.010
61.24.020
61.24.025
Definitions.
Trustee, qualifications—Successor trustee.
Deeds subject to all mortgage laws—Foreclosure—Recording
and indexing—Trustee and beneficiary, separate entities,
exception.
Application of federal servicemembers civil relief act to deeds
of trust.
[Title 61 RCW—page 5]
61.24.005
61.24.030
61.24.040
61.24.042
61.24.045
61.24.050
61.24.060
61.24.070
61.24.080
61.24.090
61.24.100
61.24.110
61.24.120
61.24.130
61.24.135
61.24.140
Title 61 RCW: Mortgages, Deeds of Trust, and Real Estate Contracts
Requisites to trustee’s sale.
Foreclosure and sale—Notice of sale.
Notice to guarantor—Contents—Failure to provide.
Requests for notice of sale.
Interest conveyed by trustee’s deed—Sale is final if acceptance is properly recorded—Redemption precluded after
sale.
Rights and remedies of trustee’s sale purchaser.
Trustee’s sale, who may bid at—If beneficiary is purchaser—
If purchaser is not beneficiary.
Disposition of proceeds of sale—Notices—Surplus funds.
Curing defaults before sale—Discontinuance of proceedings—Notice of discontinuance—Execution and acknowledgment—Payments tendered to trustee.
Deficiency judgments—Foreclosure—Trustee’s sale—Application of chapter.
Reconveyance by trustee.
Other foreclosure provisions preserved.
Restraint of sale by trustee—Conditions—Notice.
Consumer protection act—Unfair or deceptive acts or practices.
Assignment of rents—Collecting payment of rent.
Possession of real property by trustee of deed of trust to collect rents and
profits: RCW 7.28.230.
61.24.005
61.24.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Grantor" means a person, or its successors, who executes a deed of trust to encumber the person’s interest in
property as security for the performance of all or part of the
borrower’s obligations.
(2) "Beneficiary" means the holder of the instrument or
document evidencing the obligations secured by the deed of
trust, excluding persons holding the same as security for a
different obligation.
(3) "Affiliate of beneficiary" means any entity which
controls, is controlled by, or is under common control with a
beneficiary.
(4) "Trustee" means the person designated as the trustee
in the deed of trust or appointed under RCW 61.24.010(2).
(5) "Borrower" means a person or a general partner in a
partnership, including a joint venture, that is liable for all or
part of the obligations secured by the deed of trust under the
instrument or other document that is the principal evidence of
such obligations, or the person’s successors if they are liable
for those obligations under a written agreement with the beneficiary.
(6) "Guarantor" means any person and its successors
who is not a borrower and who guarantees any of the obligations secured by a deed of trust in any written agreement
other than the deed of trust.
(7) "Commercial loan" means a loan that is not made primarily for personal, family, or household purposes.
(8) "Trustee’s sale" means a nonjudicial sale under a
deed of trust undertaken pursuant to this chapter.
(9) "Fair value" means the value of the property encumbered by a deed of trust that is sold pursuant to a trustee’s
sale. This value shall be determined by the court or other
appropriate adjudicator by reference to the most probable
price, as of the date of the trustee’s sale, which would be paid
in cash or other immediately available funds, after deduction
of prior liens and encumbrances with interest to the date of
the trustee’s sale, for which the property would sell on such
date after reasonable exposure in the market under conditions
requisite to a fair sale, with the buyer and seller each acting
[Title 61 RCW—page 6]
prudently, knowledgeably, and for self-interest, and assuming that neither is under duress.
(10) "Record" and "recorded" includes the appropriate
registration proceedings, in the instance of registered land.
(11) "Person" means any natural person, or legal or governmental entity. [1998 c 295 § 1.]
61.24.010
61.24.010 Trustee, qualifications—Successor trustee.
(1) The trustee of a deed of trust under this chapter shall be:
(a) Any domestic corporation incorporated under Title
23B, 30, 31, 32, or 33 RCW of which at least one officer is a
Washington resident; or
(b) Any title insurance company authorized to insure title
to real property under the laws of this state, or its agents; or
(c) Any attorney who is an active member of the Washington state bar association at the time the attorney is named
trustee; or
(d) Any professional corporation incorporated under
chapter 18.100 RCW, any professional limited liability company formed under chapter 25.15 RCW, any general partnership, including limited liability partnerships, formed under
chapter 25.04 RCW, all of whose shareholders, members, or
partners, respectively, are either licensed attorneys or entities, provided all of the owners of those entities are licensed
attorneys, or any domestic corporation wholly owned by any
of the entities under this subsection (1)(d); or
(e) Any agency or instrumentality of the United States
government; or
(f) Any national bank, savings bank, or savings and loan
association chartered under the laws of the United States.
(2) The trustee may resign at its own election or be
replaced by the beneficiary. The trustee shall give prompt
written notice of its resignation to the beneficiary. The resignation of the trustee shall become effective upon the recording of the notice of resignation in each county in which the
deed of trust is recorded. If a trustee is not appointed in the
deed of trust, or upon the resignation, incapacity, disability,
absence, or death of the trustee, or the election of the beneficiary to replace the trustee, the beneficiary shall appoint a
trustee or a successor trustee. Upon recording the appointment of a successor trustee in each county in which the deed
of trust is recorded, the successor trustee shall be vested with
all powers of an original trustee. [1998 c 295 § 2; 1991 c 72
§ 58; 1987 c 352 § 1; 1981 c 161 § 1; 1975 1st ex.s. c 129 §
1; 1965 c 74 § 1.]
61.24.020
61.24.020 Deeds subject to all mortgage laws—Foreclosure—Recording and indexing—Trustee and beneficiary, separate entities, exception. Except as provided in
this chapter, a deed of trust is subject to all laws relating to
mortgages on real property. A deed conveying real property
to a trustee in trust to secure the performance of an obligation
of the grantor or another to the beneficiary may be foreclosed
by trustee’s sale. The county auditor shall record the deed as
a mortgage and shall index the name of the grantor as mortgagor and the names of the trustee and beneficiary as mortgagee. No person, corporation or association may be both
trustee and beneficiary under the same deed of trust: PROVIDED, That any agency of the United States government
may be both trustee and beneficiary under the same deed of
(2006 Ed.)
Deeds of Trust
trust. A deed of trust conveying real property that is used
principally for agricultural purposes may be foreclosed as a
mortgage. Pursuant to *RCW 62A.9-501(4), when a deed of
trust encumbers both real and personal property, the trustee is
authorized to sell all or any portion of the grantor’s interest in
that real and personal property at a trustee’s sale. [1998 c 295
§ 3; 1985 c 193 § 2; 1975 1st ex.s. c 129 § 2; 1965 c 74 § 2.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
Application—1985 c 193: "This act shall apply to foreclosures commenced, by the giving of a notice of default pursuant to RCW 61.24.030(6),
after July 28, 1985." [1985 c 193 § 5.]
61.24.025
61.24.025 Application of federal servicemembers
civil relief act to deeds of trust. All of the rights, duties, and
privileges conveyed under the federal servicemembers civil
relief act, P.L. 108-189, are applicable to deeds of trust under
Washington law. [2004 c 161 § 5.]
Effective date—2004 c 161: See note following RCW 28B.10.270.
61.24.030
61.24.030 Requisites to trustee’s sale. It shall be requisite to a trustee’s sale:
(1) That the deed of trust contains a power of sale;
(2) That the deed of trust contains a statement that the
real property conveyed is not used principally for agricultural
purposes; provided, if the statement is false on the date the
deed of trust was granted or amended to include that statement, and false on the date of the trustee’s sale, then the deed
of trust must be foreclosed judicially. Real property is used
for agricultural purposes if it is used in an operation that produces crops, livestock, or aquatic goods;
(3) That a default has occurred in the obligation secured
or a covenant of the grantor, which by the terms of the deed
of trust makes operative the power to sell;
(4) That no action commenced by the beneficiary of the
deed of trust is now pending to seek satisfaction of an obligation secured by the deed of trust in any court by reason of the
grantor’s default on the obligation secured: PROVIDED,
That (a) the seeking of the appointment of a receiver shall not
constitute an action for purposes of this chapter; and (b) if a
receiver is appointed, the grantor shall be entitled to any rents
or profits derived from property subject to a homestead as
defined in RCW 6.13.010. If the deed of trust was granted to
secure a commercial loan, this subsection shall not apply to
actions brought to enforce any other lien or security interest
granted to secure the obligation secured by the deed of trust
being foreclosed;
(5) That the deed of trust has been recorded in each
county in which the land or some part thereof is situated;
(6) That prior to the date of the notice of trustee’s sale
and continuing thereafter through the date of the trustee’s
sale, the trustee must have a street address in this state where
personal service of process may be made; and
(7) That at least thirty days before notice of sale shall be
recorded, transmitted or served, written notice of default shall
be transmitted by the beneficiary or trustee to the borrower
and grantor at their last known addresses by both first class
and either registered or certified mail, return receipt
requested, and the beneficiary or trustee shall cause to be
posted in a conspicuous place on the premises, a copy of the
(2006 Ed.)
61.24.040
notice, or personally served on the borrower and grantor.
This notice shall contain the following information:
(a) A description of the property which is then subject to
the deed of trust;
(b) Each county in which the deed of trust is recorded
and the document number given to the deed of trust upon
recording by each county auditor or recording officer;
(c) That the beneficiary has declared the borrower or
grantor to be in default, and a concise statement of the default
alleged;
(d) An itemized account of the amount or amounts in
arrears if the default alleged is failure to make payments;
(e) An itemized account of all other specific charges,
costs, or fees that the borrower, grantor, or any guarantor is or
may be obliged to pay to reinstate the deed of trust before the
recording of the notice of sale;
(f) The total of (d) and (e) of this subsection, designated
clearly and conspicuously as the amount necessary to reinstate the note and deed of trust before the recording of the
notice of sale;
(g) That failure to cure the alleged default within thirty
days of the date of mailing of the notice, or if personally
served, within thirty days of the date of personal service
thereof, may lead to recordation, transmittal, and publication
of a notice of sale, and that the property described in (a) of
this subsection may be sold at public auction at a date no less
than one hundred twenty days in the future;
(h) That the effect of the recordation, transmittal, and
publication of a notice of sale will be to (i) increase the costs
and fees and (ii) publicize the default and advertise the
grantor’s property for sale;
(i) That the effect of the sale of the grantor’s property by
the trustee will be to deprive the grantor of all their interest in
the property described in (a) of this subsection; and
(j) That the borrower, grantor, and any guarantor has
recourse to the courts pursuant to RCW 61.24.130 to contest
the alleged default on any proper ground. [1998 c 295 § 4;
1990 c 111 § 1; 1987 c 352 § 2; 1985 c 193 § 3; 1975 1st ex.s.
c 129 § 3; 1965 c 74 § 3.]
Application—1985 c 193: See note following RCW 61.24.020.
61.24.040
61.24.040 Foreclosure and sale—Notice of sale. A
deed of trust foreclosed under this chapter shall be foreclosed
as follows:
(1) At least ninety days before the sale, the trustee shall:
(a) Record a notice in the form described in RCW
61.24.040(1)(f) in the office of the auditor in each county in
which the deed of trust is recorded;
(b) To the extent the trustee elects to foreclose its lien or
interest, or the beneficiary elects to preserve its right to seek
a deficiency judgment against a borrower or grantor under
RCW 61.24.100(3)(a), and if their addresses are stated in a
recorded instrument evidencing their interest, lien, or claim
of lien, or an amendment thereto, or are otherwise known to
the trustee, cause a copy of the notice of sale described in
RCW 61.24.040(1)(f) to be transmitted by both first class and
either certified or registered mail, return receipt requested, to
the following persons or their legal representatives, if any, at
such address:
(i) The borrower and grantor;
[Title 61 RCW—page 7]
61.24.040
Title 61 RCW: Mortgages, Deeds of Trust, and Real Estate Contracts
(ii) The beneficiary of any deed of trust or mortgagee of
any mortgage, or any person who has a lien or claim of lien
against the property, that was recorded subsequent to the
recordation of the deed of trust being foreclosed and before
the recordation of the notice of sale;
(iii) The vendee in any real estate contract, the lessee in
any lease, or the holder of any conveyances of any interest or
estate in any portion or all of the property described in such
notice, if that contract, lease, or conveyance of such interest
or estate, or a memorandum or other notice thereof, was
recorded after the recordation of the deed of trust being foreclosed and before the recordation of the notice of sale;
(iv) The last holder of record of any other lien against or
interest in the property that is subject to a subordination to the
deed of trust being foreclosed that was recorded before the
recordation of the notice of sale;
(v) The last holder of record of the lien of any judgment
subordinate to the deed of trust being foreclosed; and
(vi) The occupants of property consisting solely of a single-family residence, or a condominium, cooperative, or
other dwelling unit in a multiplex or other building containing fewer than five residential units, whether or not the occupant’s rental agreement is recorded, which notice may be a
single notice addressed to "occupants" for each unit known to
the trustee or beneficiary;
(c) Cause a copy of the notice of sale described in RCW
61.24.040(1)(f) to be transmitted by both first class and either
certified or registered mail, return receipt requested, to the
plaintiff or the plaintiff’s attorney of record, in any court
action to foreclose a lien or other encumbrance on all or any
part of the property, provided a court action is pending and a
lis pendens in connection therewith is recorded in the office
of the auditor of any county in which all or part of the property is located on the date the notice is recorded;
(d) Cause a copy of the notice of sale described in RCW
61.24.040(1)(f) to be transmitted by both first class and either
certified or registered mail, return receipt requested, to any
person who has recorded a request for notice in accordance
with RCW 61.24.045, at the address specified in such person’s most recently recorded request for notice;
(e) Cause a copy of the notice of sale described in RCW
61.24.040(1)(f) to be posted in a conspicuous place on the
property, or in lieu of posting, cause a copy of said notice to
be served upon any occupant of the property;
(f) The notice shall be in substantially the following
form:
NOTICE OF TRUSTEE’S SALE
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee
will on the . . . . day of . . . . . ., . . ., at the hour of . . . . o’clock
. . . . M. at . . . . . . . . . . . . . . . . . . . . . . . . . . . . [street address
and location if inside a building] in the City of . . . . . ., State
of Washington, sell at public auction to the highest and best
bidder, payable at the time of sale, the following described
real property, situated in the County(ies) of . . . . . ., State of
Washington, to-wit:
[If any personal property is to be included in the
trustee’s sale, include a description that reasonably
identifies such personal property]
[Title 61 RCW—page 8]
which is subject to that certain Deed of Trust dated . . . . . .,
. . ., recorded . . . . . ., . . ., under Auditor’s File No. . . . .,
records of . . . . . . County, Washington, from . . . . . . . . ., as
Grantor, to . . . . . . . . ., as Trustee, to secure an obligation in
favor of . . . . . . . . ., as Beneficiary, the beneficial interest in
which was assigned by . . . . . . . . ., under an Assignment
recorded under Auditor’s File No. . . . . [Include recording
information for all counties if the Deed of Trust is recorded in
more than one county.]
II.
No action commenced by the Beneficiary of the Deed of
Trust is now pending to seek satisfaction of the obligation in
any Court by reason of the Borrower’s or Grantor’s default
on the obligation secured by the Deed of Trust.
[If there is another action pending to foreclose other
security for all or part of the same debt, qualify the
statement and identify the action.]
III.
The default(s) for which this foreclosure is made is/are as follows:
[If default is for other than payment of money, set
forth the particulars]
Failure to pay when due the following amounts which are
now in arrears:
IV.
The sum owing on the obligation secured by the Deed of
Trust is: Principal $ . . . . . ., together with interest as provided in the note or other instrument secured from the . . . .
day of . . . . . ., . . ., and such other costs and fees as are due
under the note or other instrument secured, and as are provided by statute.
V.
The above-described real property will be sold to satisfy the
expense of sale and the obligation secured by the Deed of
Trust as provided by statute. The sale will be made without
warranty, express or implied, regarding title, possession, or
encumbrances on the . . . . day of . . . . . ., . . . The default(s)
referred to in paragraph III must be cured by the . . . . day of
. . . . . ., . . . (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before the . . . . day of . . . . . ., . . .,
(11 days before the sale date), the default(s) as set forth in
paragraph III is/are cured and the Trustee’s fees and costs are
paid. The sale may be terminated any time after the . . . . day
of . . . . . ., . . . (11 days before the sale date), and before the
sale by the Borrower, Grantor, any Guarantor, or the holder
of any recorded junior lien or encumbrance paying the entire
principal and interest secured by the Deed of Trust, plus
costs, fees, and advances, if any, made pursuant to the terms
of the obligation and/or Deed of Trust, and curing all other
defaults.
(2006 Ed.)
Deeds of Trust
VI.
A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following
addresses:
.....................
.....................
.....................
by both first class and certified mail on the . . . . day of
. . . . . ., . . ., proof of which is in the possession of the
Trustee; and the Borrower and Grantor were personally
served on the . . . . day of . . . . . ., . . ., with said written notice
of default or the written notice of default was posted in a conspicuous place on the real property described in paragraph I
above, and the Trustee has possession of proof of such service or posting.
61.24.040
thereby. Unless the default(s) is/are cured, your property will
be sold at auction on the . . . . day of . . . . . ., . . .
To cure the default(s), you must bring the payments current, cure any other defaults, and pay accrued late charges
and other costs, advances, and attorneys’ fees as set forth
below by the . . . . day of . . . . . ., . . . [11 days before the sale
date]. To date, these arrears and costs are as follows:
Currently due
to reinstate
on . . . . .
......
Estimated amount
that will be due
to reinstate
on . . . . .
......
(11 days before
the date set
for sale)
Delinquent payments
from . . . . . .,
. . ., in the
amount of
$ . . . ./mo.:
$....
$....
VIII.
Late charges in
the total
amount of:
$....
The effect of the sale will be to deprive the Grantor and all
those who hold by, through or under the Grantor of all their
interest in the above-described property.
Attorneys’ fees:
$....
$....
Estimated
Amounts
$....
Trustee’s fee:
$....
$....
$....
$....
$....
$....
$....
$....
$....
$....
$....
$....
$....
VII.
The Trustee whose name and address are set forth below will
provide in writing to anyone requesting it, a statement of all
costs and fees due at any time prior to the sale.
IX.
Anyone having any objection to the sale on any grounds
whatsoever will be afforded an opportunity to be heard as to
those objections if they bring a lawsuit to restrain the sale
pursuant to RCW 61.24.130. Failure to bring such a lawsuit
may result in a waiver of any proper grounds for invalidating
the Trustee’s sale.
[Add Part X to this notice if applicable under RCW
61.24.040(9)]
.................................
. . . . . . . . . . . , Trustee
.......
.......
.......





Address
.......
}
Phone
[Acknowledgment]
(2) In addition to providing the borrower and grantor the
notice of sale described in RCW 61.24.040(1)(f), the trustee
shall include with the copy of the notice which is mailed to
the grantor, a statement to the grantor in substantially the following form:
NOTICE OF FORECLOSURE
Pursuant to the Revised Code of Washington,
Chapter 61.24 RCW
The attached Notice of Trustee’s Sale is a consequence
of default(s) in the obligation to . . . . . ., the Beneficiary of
your Deed of Trust and owner of the obligation secured
(2006 Ed.)
Trustee’s expenses:
(Itemization)
Title report
Recording fees
Service/Posting
of Notices
Postage/Copying
expense
Publication
Telephone
charges
Inspection fees
......
......
TOTALS
$....
$....
$....
$....
$....
$....
$....
$....
$....
As to the defaults which do not involve payment of
money to the Beneficiary of your Deed of Trust, you must
cure each such default. Listed below are the defaults which
do not involve payment of money to the Beneficiary of your
Deed of Trust. Opposite each such listed default is a brief
description of the action necessary to cure the default and a
description of the documentation necessary to show that the
default has been cured.
Default
.......
.......
Description of Action Required to Cure and
Documentation Necessary to Show Cure
...............................
...............................
...............................
...............................
...............................
...............................
[Title 61 RCW—page 9]
61.24.040
Title 61 RCW: Mortgages, Deeds of Trust, and Real Estate Contracts
You may reinstate your Deed of Trust and the obligation
secured thereby at any time up to and including the . . . . day
of . . . . . ., . . . [11 days before the sale date], by paying the
amount set forth or estimated above and by curing any other
defaults described above. Of course, as time passes other payments may become due, and any further payments coming
due and any additional late charges must be added to your
reinstating payment. Any new defaults not involving payment of money that occur after the date of this notice must
also be cured in order to effect reinstatement. In addition,
because some of the charges can only be estimated at this
time, and because the amount necessary to reinstate may
include presently unknown expenditures required to preserve
the property or to comply with state or local law, it will be
necessary for you to contact the Trustee before the time you
tender reinstatement so that you may be advised of the exact
amount you will be required to pay. Tender of payment or
performance must be made to: . . . . . ., whose address is
. . . . . ., telephone ( ) . . . . . . AFTER THE . . . . DAY OF
. . . . . ., . . ., YOU MAY NOT REINSTATE YOUR DEED
OF TRUST BY PAYING THE BACK PAYMENTS AND
C O S T S A N D F E E S A N D C U R I N G TH E O T H E R
DEFAULTS AS OUTLINED ABOVE. In such a case, you
will only be able to stop the sale by paying, before the sale,
the total principal balance ($ . . . . . .) plus accrued interest,
costs and advances, if any, made pursuant to the terms of the
documents and by curing the other defaults as outlined above.
You may contest this default by initiating court action in
the Superior Court of the county in which the sale is to be
held. In such action, you may raise any legitimate defenses
you have to this default. A copy of your Deed of Trust and
documents evidencing the obligation secured thereby are
enclosed. You may wish to consult a lawyer. Legal action on
your part may prevent or restrain the sale, but only if you persuade the court of the merits of your defense.
The court may grant a restraining order or injunction to
restrain a trustee’s sale pursuant to RCW 61.24.130 upon five
days notice to the trustee of the time when, place where, and
the judge before whom the application for the restraining
order or injunction is to be made. This notice shall include
copies of all pleadings and related documents to be given to
the judge. Notice and other process may be served on the
trustee at:
NAME: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ADDRESS:
..........................
..........................
TELEPHONE NUMBER:
.................
If you do not reinstate the secured obligation and your
Deed of Trust in the manner set forth above, or if you do not
succeed in restraining the sale by court action, your property
will be sold. The effect of such sale will be to deprive you and
all those who hold by, through or under you of all interest in
the property;
(3) In addition, the trustee shall cause a copy of the
notice of sale described in RCW 61.24.040(1)(f) (excluding
the acknowledgment) to be published in a legal newspaper in
each county in which the property or any part thereof is situated, once on or between the thirty-fifth and twenty-eighth
day before the date of sale, and once on or between the fourteenth and seventh day before the date of sale;
[Title 61 RCW—page 10]
(4) On the date and at the time designated in the notice of
sale, the trustee or its authorized agent shall sell the property
at public auction to the highest bidder. The trustee may sell
the property in gross or in parcels as the trustee shall deem
most advantageous;
(5) The place of sale shall be at any designated public
place within the county where the property is located and if
the property is in more than one county, the sale may be in
any of the counties where the property is located. The sale
shall be on Friday, or if Friday is a legal holiday on the following Monday, and during the hours set by statute for the
conduct of sales of real estate at execution;
(6) The trustee may for any cause the trustee deems
advantageous, continue the sale for a period or periods not
exceeding a total of one hundred twenty days by a public
proclamation at the time and place fixed for sale in the notice
of sale or, alternatively, by giving notice of the time and place
of the postponed sale in the manner and to the persons specified in RCW 61.24.040(1) (b), (c), (d), and (e) and publishing
a copy of such notice once in the newspaper(s) described in
RCW 61.24.040(3), more than seven days before the date
fixed for sale in the notice of sale. No other notice of the postponed sale need be given;
(7) The purchaser shall forthwith pay the price bid and
on payment the trustee shall execute to the purchaser its deed;
the deed shall recite the facts showing that the sale was conducted in compliance with all of the requirements of this
chapter and of the deed of trust, which recital shall be prima
facie evidence of such compliance and conclusive evidence
thereof in favor of bona fide purchasers and encumbrancers
for value, except that these recitals shall not affect the lien or
interest of any person entitled to notice under RCW
61.24.040(1), if the trustee fails to give the required notice to
such person. In such case, the lien or interest of such omitted
person shall not be affected by the sale and such omitted person shall be treated as if such person was the holder of the
same lien or interest and was omitted as a party defendant in
a judicial foreclosure proceeding;
(8) The sale as authorized under this chapter shall not
take place less than one hundred ninety days from the date of
default in any of the obligations secured.
(9) If the trustee elects to foreclose the interest of any
occupant or tenant of property comprised solely of a singlefamily residence, or a condominium, cooperative, or other
dwelling unit in a multiplex or other building containing
fewer than five residential units, the following notice shall be
included as Part X of the Notice of Trustee’s Sale:
X.
NOTICE TO OCCUPANTS OR TENANTS
The purchaser at the trustee’s sale is entitled to possession of
the property on the 20th day following the sale, as against the
grantor under the deed of trust (the owner) and anyone having
an interest junior to the deed of trust, including occupants and
tenants. After the 20th day following the sale the purchaser
has the right to evict occupants and tenants by summary proceedings under the unlawful detainer act, chapter 59.12
RCW.
(10) Only one copy of all notices required by this chapter
need be given to a person who is both the borrower and the
grantor. All notices required by this chapter that are given to
(2006 Ed.)
Deeds of Trust
a general partnership are deemed given to each of its general
partners, unless otherwise agreed by the parties. [1998 c 295
§ 5; 1989 c 361 § 1; 1987 c 352 § 3; 1985 c 193 § 4; 1981 c
161 § 3; 1975 1st ex.s. c 129 § 4; 1967 c 30 § 1; 1965 c 74 §
4.]
Application—1985 c 193: See note following RCW 61.24.020.
61.24.042
61.24.042 Notice to guarantor—Contents—Failure
to provide. The beneficiary may give the notices of default,
trustee’s sale, and foreclosure referred to in RCW
61.24.030(7) and 61.24.040 to any one or more of the guarantors of a commercial loan at the time they are given to the
grantor. In addition to the information contained in the
notices provided to the grantor, these notices shall state that
(1) the guarantor may be liable for a deficiency judgment to
the extent the sale price obtained at the trustee’s sale is less
than the debt secured by the deed of trust; (2) the guarantor
has the same rights to reinstate the debt, cure the default, or
repay the debt as is given to the grantor in order to avoid the
trustee’s sale; (3) the guarantor will have no right to redeem
the property after the trustee’s sale; (4) subject to such longer
periods as are provided in the Washington deed of trust act,
chapter 61.24 RCW, any action brought to enforce a guaranty
must be commenced within one year after the trustee’s sale,
or the last trustee’s sale under any deed of trust granted to
secure the same debt; and (5) in any action for a deficiency,
the guarantor will have the right to establish the fair value of
the property as of the date of the trustee’s sale, less prior liens
and encumbrances, and to limit its liability for a deficiency to
the difference between the debt and the greater of such fair
value or the sale price paid at the trustee’s sale, plus interest
and costs. The failure of the beneficiary to provide any guarantor the notice referred to in this section does not invalidate
either the notices given to the borrower or the grantor, or the
trustee’s sale. [1998 c 295 § 6.]
61.24.045
61.24.045 Requests for notice of sale. Any person
desiring a copy of any notice of sale described in RCW
61.24.040(1)(f) under any deed of trust, other than a person
entitled to receive such a notice under RCW 61.24.040(1) (b)
or (c), must, after the recordation of such deed of trust and
before the recordation of the notice of sale, cause to be filed
for record, in the office of the auditor of any county in which
the deed of trust is recorded, a duly acknowledged request for
a copy of any notice of sale. The request shall be signed and
acknowledged by the person to be notified or such person’s
agent, attorney, or representative; shall set forth the name,
mailing address, and telephone number, if any, of the person
or persons to be notified; shall identify the deed of trust by
stating the names of the parties thereto, the date the deed of
trust was recorded, the legal description of the property
encumbered by the deed of trust, and the auditor’s file number under which the deed of trust is recorded; and shall be in
substantially the following form:
REQUEST FOR NOTICE
Request is hereby made that a copy of any notice of sale
described in RCW 61.24.040(1)(f) under that certain Deed of
Trust dated . . . . . ., 19. . ., recorded on . . . . . ., 19. . ., under
auditor’s file No. . . . . . ., records of . . . . . . County, Wash(2006 Ed.)
61.24.070
ington, from . . . . . ., as Grantor, to . . . . . . . . ., as Trustee, to
secure an obligation in favor of . . . . . . . . ., as Beneficiary,
and affecting the following described real property:
(Legal Description)
be sent by both first class and either registered or certified
mail, return receipt requested, to . . . . . . . . . at . . . . . . . . .
Dated this . . . . day of . . . . . ., 19. . .
.....................
Signature
(Acknowledgment)
A request for notice under this section shall not affect title to,
or be deemed notice to any person that any person has any
right, title, interest in, lien or charge upon, the property
described in the request for notice. [1985 c 193 § 1.]
Application—1985 c 193: See note following RCW 61.24.020.
61.24.050
61.24.050 Interest conveyed by trustee’s deed—Sale
is final if acceptance is properly recorded—Redemption
precluded after sale. When delivered to the purchaser, the
trustee’s deed shall convey all of the right, title, and interest
in the real and personal property sold at the trustee’s sale
which the grantor had or had the power to convey at the time
of the execution of the deed of trust, and such as the grantor
may have thereafter acquired. If the trustee accepts a bid, then
the trustee’s sale is final as of the date and time of such acceptance if the trustee’s deed is recorded within fifteen days
thereafter. After a trustee’s sale, no person shall have any
right, by statute or otherwise, to redeem the property sold at
the trustee’s sale. [1998 c 295 § 7; 1965 c 74 § 5.]
61.24.060
61.24.060 Rights and remedies of trustee’s sale purchaser. The purchaser at the trustee’s sale shall be entitled to
possession of the property on the twentieth day following the
sale, as against the grantor under the deed of trust and anyone
having an interest junior to the deed of trust, including occupants and tenants, who were given all of the notices to which
they were entitled under this chapter. The purchaser shall also
have a right to the summary proceedings to obtain possession
of real property provided in chapter 59.12 RCW. [1998 c 295
§ 8; 1967 c 30 § 2; 1965 c 74 § 6.]
61.24.070
61.24.070 Trustee’s sale, who may bid at—If beneficiary is purchaser—If purchaser is not beneficiary. (1)
The trustee may not bid at the trustee’s sale. Any other person, including the beneficiary, may bid at the trustee’s sale.
(2) The trustee shall, at the request of the beneficiary,
credit toward the beneficiary’s bid all or any part of the monetary obligations secured by the deed of trust. If the beneficiary is the purchaser, any amount bid by the beneficiary in
excess of the amount so credited shall be paid to the trustee in
the form of cash, certified check, cashier’s check, money
order, or funds received by verified electronic transfer, or any
combination thereof. If the purchaser is not the beneficiary,
the entire bid shall be paid to the trustee in the form of cash,
certified check, cashier’s check, money order, or funds
received by verified electronic transfer, or any combination
thereof. [1998 c 295 § 9; 1965 c 74 § 7.]
[Title 61 RCW—page 11]
61.24.080
Title 61 RCW: Mortgages, Deeds of Trust, and Real Estate Contracts
61.24.080
61.24.080 Disposition of proceeds of sale—Notices—
Surplus funds. The trustee shall apply the proceeds of the
sale as follows:
(1) To the expense of sale, including a reasonable charge
by the trustee and by his or her attorney: PROVIDED, That
the aggregate of the charges by the trustee and his or her
attorney, for their services in the sale, shall not exceed the
amount which would, by the superior court of the county in
which the trustee’s sale occurred, have been deemed a reasonable attorney fee, had the trust deed been foreclosed as a
mortgage in a noncontested action in that court;
(2) To the obligation secured by the deed of trust; and
(3) The surplus, if any, less the clerk’s filing fee, shall be
deposited, together with written notice of the amount of the
surplus, a copy of the notice of trustee’s sale, and an affidavit
of mailing as provided in this subsection, with the clerk of the
superior court of the county in which the sale took place. The
trustee shall mail copies of the notice of the surplus, the
notice of trustee’s sale, and the affidavit of mailing to each
party to whom the notice of trustee’s sale was sent pursuant
to RCW 61.24.040(1). The clerk shall index such funds under
the name of the grantor as set out in the recorded notice.
Upon compliance with this subsection, the trustee shall be
discharged from all further responsibilities for the surplus.
Interests in, or liens or claims of liens against the property
eliminated by sale under this section shall attach to the surplus in the order of priority that it had attached to the property. A party seeking disbursement of the surplus funds shall
file a motion requesting disbursement in the superior court
for the county in which the surplus funds are deposited.
Notice of the motion shall be personally served upon, or
mailed in the manner specified in RCW 61.24.040(1)(b), to
all parties to whom the trustee mailed notice of the surplus,
and any other party who has entered an appearance in the proceeding, not less than twenty days prior to the hearing of the
motion. The clerk shall not disburse such surplus except upon
order of the superior court of such county. [1998 c 295 § 10;
1981 c 161 § 5; 1967 c 30 § 3; 1965 c 74 § 8.]
61.24.090
61.24.090 Curing defaults before sale—Discontinuance of proceedings—Notice of discontinuance—Execution and acknowledgment—Payments tendered to
trustee. (1) At any time prior to the eleventh day before the
date set by the trustee for the sale in the recorded notice of
sale, or in the event the trustee continues the sale pursuant to
RCW 61.24.040(6), at any time prior to the eleventh day
before the actual sale, the borrower, grantor, any guarantor,
any beneficiary under a subordinate deed of trust, or any person having a subordinate lien or encumbrance of record on
the trust property or any part thereof, shall be entitled to cause
a discontinuance of the sale proceedings by curing the default
or defaults set forth in the notice, which in the case of a
default by failure to pay, shall be by paying to the trustee:
(a) The entire amount then due under the terms of the
deed of trust and the obligation secured thereby, other than
such portion of the principal as would not then be due had no
default occurred, and
(b) The expenses actually incurred by the trustee enforcing the terms of the note and deed of trust, including a reasonable trustee’s fee, together with the trustee’s reasonable attor[Title 61 RCW—page 12]
ney’s fees, together with costs of recording the notice of discontinuance of notice of trustee’s sale.
(2) Any person entitled to cause a discontinuance of the
sale proceedings shall have the right, before or after reinstatement, to request any court, excluding a small claims court, for
disputes within the jurisdictional limits of that court, to determine the reasonableness of any fees demanded or paid as a
condition to reinstatement. The court shall make such determination as it deems appropriate, which may include an
award to the prevailing party of its costs and reasonable attorneys’ fees, and render judgment accordingly. An action to
determine fees shall not forestall any sale or affect its validity.
(3) Upon receipt of such payment the proceedings shall
be discontinued, the deed of trust shall be reinstated and the
obligation shall remain as though no acceleration had taken
place.
(4) In the case of a default which is occasioned by other
than failure to make payments, the person or persons causing
the said default shall pay the expenses incurred by the trustee
and the trustee’s fees as set forth in subsection (1)(b) of this
section.
(5) Any person having a subordinate lien of record on the
trust property and who has cured the default or defaults pursuant to this section shall thereafter have included in his lien
all payments made to cure any defaults, including interest
thereon at eight percent per annum, payments made for trustees’ costs and fees incurred as authorized, and reasonable
attorney’s fees and costs incurred resulting from any judicial
action commenced to enforce his or her rights to advances
under this section.
(6) If the default is cured and the obligation and the deed
of trust reinstated in the manner provided, the trustee shall
properly execute, acknowledge, and cause to be recorded a
notice of discontinuance of trustee’s sale under that deed of
trust. A notice of discontinuance of trustee’s sale when so
executed and acknowledged is entitled to be recorded and
shall be sufficient if it sets forth a record of the deed of trust
and the auditor’s file number under which the deed of trust is
recorded, and a reference to the notice of sale and the auditor’s file number under which the notice of sale is recorded,
and a notice that the sale is discontinued.
(7) Any payments required under this section as a condition precedent to reinstatement of the deed of trust shall be
tendered to the trustee in the form of cash, certified check,
cashier’s check, money order, or funds received by verified
electronic transfer, or any combination thereof. [1998 c 295
§ 11; 1987 c 352 § 4; 1981 c 161 § 6; 1975 1st ex.s. c 129 §
5; 1967 c 30 § 4; 1965 c 74 § 9.]
61.24.100
61.24.100 Deficiency judgments—Foreclosure—
Trustee’s sale—Application of chapter. (1) Except to the
extent permitted in this section for deeds of trust securing
commercial loans, a deficiency judgment shall not be
obtained on the obligations secured by a deed of trust against
any borrower, grantor, or guarantor after a trustee’s sale
under that deed of trust.
(2)(a) Nothing in this chapter precludes an action against
any person liable on the obligations secured by a deed of trust
or any guarantor prior to a notice of trustee’s sale being given
(2006 Ed.)
Deeds of Trust
pursuant to this chapter or after the discontinuance of the
trustee’s sale.
(b) No action under (a) of this subsection precludes the
beneficiary from commencing a judicial foreclosure or
trustee’s sale under the deed of trust after the completion or
dismissal of that action.
(3) This chapter does not preclude any one or more of the
following after a trustee’s sale under a deed of trust securing
a commercial loan executed after June 11, 1998:
(a)(i) To the extent the fair value of the property sold at
the trustee’s sale to the beneficiary or an affiliate of the beneficiary is less than the unpaid obligation secured by the deed
of trust immediately prior to the trustee’s sale, an action for a
deficiency judgment against the borrower or grantor, if such
person or persons was timely given the notices under RCW
61.24.040, for (A) any decrease in the fair value of the property caused by waste to the property committed by the borrower or grantor, respectively, after the deed of trust is
granted, and (B) the wrongful retention of any rents, insurance proceeds, or condemnation awards by the borrower or
grantor, respectively, that are otherwise owed to the beneficiary.
(ii) This subsection (3)(a) does not apply to any property
that is occupied by the borrower as its principal residence as
of the date of the trustee’s sale;
(b) Any judicial or nonjudicial foreclosures of any other
deeds of trust, mortgages, security agreements, or other security interests or liens covering any real or personal property
granted to secure the obligation that was secured by the deed
of trust foreclosed; or
(c) Subject to this section, an action for a deficiency
judgment against a guarantor if the guarantor is timely given
the notices under RCW 61.24.042.
(4) Any action referred to in subsection (3)(a) and (c) of
this section shall be commenced within one year after the
date of the trustee’s sale, or a later date to which the liable
party otherwise agrees in writing with the beneficiary after
the notice of foreclosure is given, plus any period during
which the action is prohibited by a bankruptcy, insolvency,
moratorium, or other similar debtor protection statute. If
there occurs more than one trustee’s sale under a deed of trust
securing a commercial loan or if trustee’s sales are made pursuant to two or more deeds of trust securing the same commercial loan, the one-year limitation in this section begins on
the date of the last of those trustee’s sales.
(5) In any action against a guarantor following a trustee’s
sale under a deed of trust securing a commercial loan, the
guarantor may request the court or other appropriate adjudicator to determine, or the court or other appropriate adjudicator may in its discretion determine, the fair value of the property sold at the sale and the deficiency judgment against the
guarantor shall be for an amount equal to the sum of the total
amount owed to the beneficiary by the guarantor as of the
date of the trustee’s sale, less the fair value of the property
sold at the trustee’s sale or the sale price paid at the trustee’s
sale, whichever is greater, plus interest on the amount of the
deficiency from the date of the trustee’s sale at the rate provided in the guaranty, the deed of trust, or in any other contracts evidencing the debt secured by the deed of trust, as
applicable, and any costs, expenses, and fees that are provided for in any contract evidencing the guarantor’s liability
(2006 Ed.)
61.24.120
for such a judgment. If any other security is sold to satisfy the
same debt prior to the entry of a deficiency judgment against
the guarantor, the fair value of that security, as calculated in
the manner applicable to the property sold at the trustee’s
sale, shall be added to the fair value of the property sold at the
trustee’s sale as of the date that additional security is foreclosed. This section is in lieu of any right any guarantor
would otherwise have to establish an upset price pursuant to
RCW 61.12.060 prior to a trustee’s sale.
(6) A guarantor granting a deed of trust to secure its
guaranty of a commercial loan shall be subject to a deficiency
judgment following a trustee’s sale under that deed of trust
only to the extent stated in subsection (3)(a)(i) of this section.
If the deed of trust encumbers the guarantor’s principal residence, the guarantor shall be entitled to receive an amount up
to the homestead exemption set forth in RCW 6.13.030, without regard to the effect of RCW 6.13.080(2), from the bid at
the foreclosure or trustee’s sale accepted by the sheriff or
trustee prior to the application of the bid to the guarantor’s
obligation.
(7) A beneficiary’s acceptance of a deed in lieu of a
trustee’s sale under a deed of trust securing a commercial
loan exonerates the guarantor from any liability for the debt
secured thereby except to the extent the guarantor otherwise
agrees as part of the deed in lieu transaction.
(8) This chapter does not preclude a beneficiary from
foreclosing a deed of trust in the same manner as a real property mortgage and this section does not apply to such a foreclosure.
(9) Any contract, note, deed of trust, or guaranty may, by
its express language, prohibit the recovery of any portion or
all of a deficiency after the property encumbered by the deed
of trust securing a commercial loan is sold at a trustee’s sale.
(10) A trustee’s sale under a deed of trust securing a
commercial loan does not preclude an action to collect or
enforce any obligation of a borrower or guarantor if that obligation, or the substantial equivalent of that obligation, was
not secured by the deed of trust.
(11) Unless the guarantor otherwise agrees, a trustee’s
sale shall not impair any right or agreement of a guarantor to
be reimbursed by a borrower or grantor for a deficiency judgment against the guarantor.
(12) Notwithstanding anything in this section to the contrary, the rights and obligations of any borrower, grantor, and
guarantor following a trustee’s sale under a deed of trust
securing a commercial loan or any guaranty of such a loan
executed prior to June 11, 1998, shall be determined in accordance with the laws existing prior to June 11, 1998. [1998 c
295 § 12; 1990 c 111 § 2; 1965 c 74 § 10.]
61.24.110
61.24.110 Reconveyance by trustee. The trustee shall
reconvey all or any part of the property encumbered by the
deed of trust to the person entitled thereto on written request
of the beneficiary, or upon satisfaction of the obligation
secured and written request for reconveyance made by the
beneficiary or the person entitled thereto. [1998 c 295 § 13;
1981 c 161 § 7; 1965 c 74 § 11.]
61.24.120
61.24.120 Other foreclosure provisions preserved.
This chapter shall not supersede nor repeal any other provi[Title 61 RCW—page 13]
61.24.130
Title 61 RCW: Mortgages, Deeds of Trust, and Real Estate Contracts
sion now made by law for the foreclosure of security interests
in real property. [1965 c 74 § 12.]
61.24.130 Restraint of sale by trustee—Conditions—
Notice. (1) Nothing contained in this chapter shall prejudice
the right of the borrower, grantor, any guarantor, or any person who has an interest in, lien, or claim of lien against the
property or some part thereof, to restrain, on any proper
ground, a trustee’s sale. The court shall require as a condition
of granting the restraining order or injunction that the applicant pay to the clerk of the court the sums that would be due
on the obligation secured by the deed of trust if the deed of
trust was not being foreclosed:
(a) In the case of default in making the periodic payment
of principal, interest, and reserves, such sums shall be the
periodic payment of principal, interest, and reserves paid to
the clerk of the court every thirty days.
(b) In the case of default in making payment of an obligation then fully payable by its terms, such sums shall be the
amount of interest accruing monthly on said obligation at the
nondefault rate, paid to the clerk of the court every thirty
days.
In the case of default in performance of any nonmonetary obligation secured by the deed of trust, the court shall
impose such conditions as it deems just.
In addition, the court may condition granting the
restraining order or injunction upon the giving of security by
the applicant, in such form and amount as the court deems
proper, for the payment of such costs and damages, including
attorneys’ fees, as may be later found by the court to have
been incurred or suffered by any party by reason of the
restraining order or injunction. The court may consider, upon
proper showing, the grantor’s equity in the property in determining the amount of said security.
(2) No court may grant a restraining order or injunction
to restrain a trustee’s sale unless the person seeking the
restraint gives five days notice to the trustee of the time when,
place where, and the judge before whom the application for
the restraining order or injunction is to be made. This notice
shall include copies of all pleadings and related documents to
be given to the judge. No judge may act upon such application unless it is accompanied by proof, evidenced by return of
a sheriff, the sheriff’s deputy, or by any person eighteen years
of age or over who is competent to be a witness, that the
notice has been served on the trustee.
(3) If the restraining order or injunction is dissolved after
the date of the trustee’s sale set forth in the notice as provided
in RCW 61.24.040(1)(f), the court granting such restraining
order or injunction, or before whom the order or injunction is
returnable, shall, at the request of the trustee, set a new sale
date which shall be not less than forty-five days from the date
of the order dissolving the restraining order. The trustee shall:
(a) Comply with the requirements of RCW 61.24.040(1)
(a) through (f) at least thirty days before the new sale date;
and
(b) Cause a copy of the notice of trustee’s sale as provided in RCW 61.24.040(1)(f) to be published in a legal
newspaper in each county in which the property or any part
thereof is situated once between the thirty-fifth and twentyeighth day before the sale and once between the fourteenth
and seventh day before the sale.
61.24.130
[Title 61 RCW—page 14]
(4) If a trustee’s sale has been stayed as a result of the filing of a petition in federal bankruptcy court and an order is
entered in federal bankruptcy court granting relief from the
stay or closing or dismissing the case, or discharging the
debtor with the effect of removing the stay, the trustee may
set a new sale date which shall not be less than forty-five days
after the date of the bankruptcy court’s order. The trustee
shall:
(a) Comply with the requirements of RCW 61.24.040(1)
(a) through (f) at least thirty days before the new sale date;
and
(b) Cause a copy of the notice of trustee’s sale as provided in RCW 61.24.040(1)(f) to be published in a legal
newspaper in each county in which the property or any part
thereof is situated, once between the thirty-fifth and twentyeighth day before the sale and once between the fourteenth
and seventh day before the sale.
(5) Subsections (3) and (4) of this section are permissive
only and do not prohibit the trustee from proceeding with a
trustee’s sale following termination of any injunction or stay
on any date to which such sale has been properly continued in
accordance with RCW 61.24.040(6). [1998 c 295 § 14; 1987
c 352 § 5; 1981 c 161 § 8; 1975 1st ex.s. c 129 § 6; 1965 c 74
§ 13.]
61.24.135
61.24.135 Consumer protection act—Unfair or
deceptive acts or practices. It is an unfair or deceptive act
or practice under the consumer protection act, chapter 19.86
RCW, for any person, acting alone or in concert with others,
to offer, or offer to accept or accept from another, any consideration of any type not to bid, or to reduce a bid, at a sale of
property conducted pursuant to a power of sale in a deed of
trust. However, it is not an unfair or deceptive act or practice
for any person, including a trustee, to state that a property
subject to a recorded notice of trustee’s sale or subject to a
sale conducted pursuant to this chapter is being sold in an "asis" condition, or for the beneficiary to arrange to provide
financing for a particular bidder or to reach any good faith
agreement with the borrower, grantor, any guarantor, or any
junior lienholder. [1998 c 295 § 15.]
61.24.140
61.24.140 Assignment of rents—Collecting payment
of rent. The beneficiary shall not enforce or attempt to
enforce an assignment of rents by demanding or collecting
rent from a tenant occupying property consisting solely of a
single-family residence, or a condominium, cooperative, or
other dwelling unit in a multiplex or other building containing fewer than five residential units, without first giving the
tenant either a court order authorizing payment of rent to the
beneficiary or a written consent by the tenant’s landlord to
the payment. It is a defense to an eviction based on nonpayment of rent that the tenant paid the rent due to the beneficiary pursuant to a court order or a landlord’s written consent.
[1998 c 295 § 16.]
Chapter 61.30 RCW
REAL ESTATE CONTRACT FORFEITURES
Chapter 61.30
Sections
61.30.010
Definitions.
(2006 Ed.)
Real Estate Contract Forfeitures
61.30.020
61.30.030
61.30.040
61.30.050
61.30.060
61.30.070
61.30.080
61.30.090
61.30.100
61.30.110
61.30.120
61.30.130
61.30.140
61.30.150
61.30.160
61.30.900
61.30.905
61.30.910
61.30.911
61.30.010
Forfeiture or foreclosure—Notices—Other remedies not limited.
Conditions to forfeiture.
Notices—Persons required to be notified—Recording.
Notices—Form—Method of service.
Notice of intent to forfeit—Declaration of forfeiture—Time
limitations.
Notice of intent to forfeit—Declaration of forfeiture—Contents.
Failure to give required notices.
Acceleration of payments—Cure of default.
Effect of forfeiture.
Forfeiture may be restrained or enjoined.
Sale of property in lieu of forfeiture.
Forfeiture may proceed upon expiration of judicial order—
Court may award attorneys’ fees or impose conditions—
Venue.
Action to set aside forfeiture.
False swearing—Penalty—Failure to comply with chapter—
Liability.
Priority of actions under chapter.
Short title.
Severability—1985 c 237.
Effective date—Application—1985 c 237.
Application—1988 c 86.
61.30.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Contract" or "real estate contract" means any written
agreement for the sale of real property in which legal title to
the property is retained by the seller as security for payment
of the purchase price. "Contract" or "real estate contract"
does not include earnest money agreements and options to
purchase.
(2) "Cure the default" or "cure" means to perform the
obligations under the contract which are described in the
notice of intent to forfeit and which are in default, to pay the
costs and attorneys’ fees prescribed in the contract, and, subject to RCW 61.30.090(1), to make all payments of money
required of the purchaser by the contract which first become
due after the notice of intent to forfeit is given and are due
when cure is tendered.
(3) "Declaration of forfeiture" means the notice
described in RCW 61.30.070(2).
(4) "Forfeit" or "forfeiture" means to cancel the purchaser’s rights under a real estate contract and to terminate all
right, title, and interest in the property of the purchaser and of
persons claiming by or through the purchaser, all to the extent
provided in this chapter, because of a breach of one or more
of the purchaser’s obligations under the contract. A judicial
foreclosure of a real estate contract as a mortgage shall not be
considered a forfeiture under this chapter.
(5) "Notice of intent to forfeit" means the notice
described in RCW 61.30.070(1).
(6) "Property" means that portion of the real property
which is the subject of a real estate contract, legal title to
which has not been conveyed to the purchaser.
(7) "Purchaser" means the person denominated in a real
estate contract as the purchaser of the property or an interest
therein or, if applicable, the purchaser’s successors or assigns
in interest to all or any part of the property, whether by voluntary or involuntary transfer or transfer by operation of law.
If the purchaser’s interest in the property is subject to a proceeding in probate, a receivership, a guardianship, or a proceeding under the federal bankruptcy laws, "purchaser"
means the personal representative, the receiver, the guardian,
(2006 Ed.)
61.30.030
the trustee in bankruptcy, or the debtor in possession, as
applicable. However, "purchaser" does not include an
assignee or any other person whose only interest or claim is
in the nature of a lien or other security interest.
(8) "Required notices" means the notice of intent to forfeit and the declaration of forfeiture.
(9) "Seller" means the person denominated in a real
estate contract as the seller of the property or an interest
therein or, if applicable, the seller’s successors or assigns in
interest to all or any part of the property or the contract,
whether by voluntary or involuntary transfer or transfer by
operation of law. If the seller’s interest in the property is subject to a proceeding in probate, a receivership, a guardianship, or a proceeding under the federal bankruptcy laws,
"seller" means the personal representative, the receiver, the
guardian, the trustee in bankruptcy, or the debtor in possession, as applicable. However, "seller" does not include an
assignee or any other person whose only interest or claim is
in the nature of a lien or other security interest and does not
include an assignee who has not been conveyed legal title to
any portion of the property.
(10) "Time for cure" means the time provided in RCW
61.30.070(1)(e) as it may be extended as provided in this
chapter or any longer period agreed to by the seller. [1988 c
86 § 1; 1985 c 237 § 1.]
61.30.020
61.30.020 Forfeiture or foreclosure—Notices—
Other remedies not limited. (1) A purchaser’s rights under
a real estate contract shall not be forfeited except as provided
in this chapter. Forfeiture shall be accomplished by giving
and recording the required notices as specified in this chapter.
This chapter shall not be construed as prohibiting or limiting
any remedy which is not governed or restricted by this chapter and which is otherwise available to the seller or the purchaser. At the seller’s option, a real estate contract may be
foreclosed in the manner and subject to the law applicable to
the foreclosure of a mortgage in this state.
(2) The seller’s commencement of an action to foreclose
the contract as a mortgage shall not constitute an election of
remedies so as to bar the seller from forfeiting the contract
under this chapter for the same or different breach. Similarly,
the seller’s commencement of a forfeiture under this chapter
shall not constitute an election of remedies so as to bar the
seller from foreclosing the contract as a mortgage. However,
the seller shall not maintain concurrently an action to foreclose the contract and a forfeiture under this chapter whether
for the same or different breaches. If, after giving or recording a notice of intent to forfeit, the seller elects to foreclose
the contract as a mortgage, the seller shall record a notice
cancelling the notice of intent to forfeit which refers to the
notice of intent by its recording number. Not later than ten
days after the notice of cancellation is recorded, the seller
shall mail or serve copies of the notice of cancellation to each
person who was mailed or served the notice of intent to forfeit, and shall post it in a conspicuous place on the property if
the notice of intent was posted. The seller need not publish
the notice of cancellation. [1988 c 86 § 2; 1985 c 237 § 2.]
61.30.030
61.30.030 Conditions to forfeiture. It shall be a condition to forfeiture of a real estate contract that:
[Title 61 RCW—page 15]
61.30.040
Title 61 RCW: Mortgages, Deeds of Trust, and Real Estate Contracts
(1) The contract being forfeited, or a memorandum
thereof, is recorded in each county in which any of the property is located;
(2) A breach has occurred in one or more of the purchaser’s obligations under the contract and the contract provides that as a result of such breach the seller is entitled to
forfeit the contract; and
(3) Except for petitions for the appointment of a receiver,
no arbitration or judicial action is pending on a claim made
by the seller against the purchaser on any obligation secured
by the contract. [1988 c 86 § 3; 1985 c 237 § 3.]
61.30.040 Notices—Persons required to be notified—
Recording. (1) The required notices shall be given to each
purchaser last known to the seller or the seller’s agent or
attorney giving the notice and to each person who, at the time
the notice of intent to forfeit is recorded, is the last holder of
record of a purchaser’s interest. Failure to comply with this
subsection in any material respect shall render any purported
forfeiture based upon the required notices void.
(2) The required notices shall also be given to each of the
following persons whose interest the seller desires to forfeit if
the default is not cured:
(a) The holders and claimants of record at the time the
notice of intent to forfeit is recorded of any interests in or
liens upon all or any portion of the property derived through
the purchaser or which are otherwise subordinate to the
seller’s interest in the property; and
(b) All persons occupying the property at the time the
notice of intent to forfeit is recorded and whose identities are
reasonably discoverable by the seller.
Any forfeiture based upon the required notices shall be
void as to each person described in this subsection (2) to
whom the notices are not given in accordance with this chapter in any material respect.
(3) The required notices shall also be given to each person who at the time the notice of intent to forfeit is recorded
has recorded in each county in which any of the property is
located a request to receive the required notices, which
request (a) identifies the contract being forfeited by reference
to its date, the original parties thereto, and a legal description
of the property; (b) contains the name and address for notice
of the person making the request; and (c) is executed and
acknowledged by the requesting person.
(4) Except as otherwise provided in the contract or other
agreement with the seller and except as otherwise provided in
this section, the seller shall not be required to give any
required notice to any person whose interest in the property is
not of record or if such interest is first acquired after the time
the notice of intent to forfeit is recorded. Subject to subsection (5) of this section, all such persons hold their interest
subject to the potential forfeiture described in the recorded
notice of intent to forfeit and shall be bound by any forfeiture
made pursuant thereto as permitted in this chapter as if the
required notices were given to them.
(5) Before the commencement of the time for cure, the
notice of intent to forfeit shall be recorded in each county in
which any of the property is located. The notice of intent to
forfeit shall become ineffective for all purposes one year after
the expiration of the time for cure stated in such notice or in
any recorded extension thereof executed by the seller or the
61.30.040
[Title 61 RCW—page 16]
seller’s agent or attorney unless, prior to the end of that year,
the declaration of forfeiture based on such notice or a lis pendens incident to an action under this chapter is recorded. The
time for cure may not be extended in increments of more than
one year each, and extensions stated to be for more than one
year or for an unstated or indefinite period shall be deemed to
be for one year for the purposes of this subsection. Recording
a lis pendens when a notice of intent to forfeit is effective
shall cause such notice to continue in effect until the later of
one year after the expiration of the time for cure or thirty days
after final disposition of the action evidenced by the lis pendens.
(6) The declaration of forfeiture shall be recorded in each
county in which any of the property is located after the time
for cure has expired without the default having been cured.
[1988 c 86 § 4; 1985 c 237 § 4.]
61.30.050
61.30.050 Notices—Form—Method of service. (1)
The required notices shall be given in writing. The notice of
intent to forfeit shall be signed by the seller or by the seller’s
agent or attorney. The declaration of forfeiture shall be
signed and sworn to by the seller. The seller may execute the
declaration of forfeiture through an agent under a power of
attorney which is of record at the time the declaration of forfeiture is recorded, but in so doing the seller shall be subject
to liability under RCW 61.30.150 to the same extent as if the
seller had personally signed and sworn to the declaration.
(2) The required notices shall be given:
(a) In any manner provided in the contract or other agreement with the seller; and
(b) By either personal service in the manner required for
civil actions in any county in which any of the property is
located or by mailing a copy to the person for whom it is
intended, postage prepaid, by certified or registered mail with
return receipt requested and by regular first class mail,
addressed to the person at the person’s address last known to
the seller or the seller’s agent or attorney giving the notice.
For the purposes of this subsection, the seller or the seller’s
agent or attorney giving the notice may rely upon the address
stated in any recorded document which entitles a person to
receive the required notices unless the seller or the seller’s
agent or attorney giving the notice knows such address to be
incorrect.
If the address or identity of a person for whom the
required notices are intended is not known to or reasonably
discoverable at the time the notice is given by the seller or the
seller’s agent or attorney giving the notice, the required
notices shall be given to such person by posting a copy in a
conspicuous place on the property and publishing a copy
thereof. The notice shall be directed to the attention of all persons for whom the notice is intended, including the names of
the persons, if so known or reasonably discoverable. The
publication shall be made in a newspaper approved pursuant
to RCW 65.16.040 and published in each county in which
any of the property is located or, if no approved newspaper is
published in the county, in an adjoining county, and if no
approved newspaper is published in the county or adjoining
county, then in an approved newspaper published in the capital of the state. The notice of intent to forfeit shall be published once a week for two consecutive weeks. The declara(2006 Ed.)
Real Estate Contract Forfeitures
tion of forfeiture shall be published once. [1988 c 86 § 5;
1985 c 237 § 5.]
61.30.060
61.30.060 Notice of intent to forfeit—Declaration of
forfeiture—Time limitations. The notice of intent to forfeit
shall be given not later than ten days after it is recorded. The
declaration of forfeiture shall be given not later than three
days after it is recorded. Either required notice may be given
before it is recorded, but the declaration of forfeiture may not
be given before the time for cure has expired. Notices which
are served or mailed are given for the purposes of this section
when served or mailed. Notices which must be posted and
published as provided in RCW 61.30.050(2)(b) are given for
the purposes of this section when both posted and first published. [1988 c 86 § 6; 1985 c 237 § 6.]
61.30.070
61.30.070 Notice of intent to forfeit—Declaration of
forfeiture—Contents. (1) The notice of intent to forfeit
shall contain the following:
(a) The name, address, and telephone number of the
seller and, if any, the seller’s agent or attorney giving the
notice;
(b) A description of the contract, including the names of
the original parties to the contract, the date of the contract,
and the recording number of the contract or memorandum
thereof;
(c) A legal description of the property;
(d) A description of each default under the contract on
which the notice is based;
(e) A statement that the contract will be forfeited if all
defaults are not cured by a date stated in the notice which is
not less than ninety days after the notice of intent to forfeit is
recorded or any longer period specified in the contract or
other agreement with the seller;
(f) A statement of the effect of forfeiture, including, to
the extent applicable that: (i) All right, title, and interest in
the property of the purchaser and, to the extent elected by the
seller, of all persons claiming through the purchaser or whose
interests are otherwise subordinate to the seller’s interest in
the property shall be terminated; (ii) the purchaser’s rights
under the contract shall be canceled; (iii) all sums previously
paid under the contract shall belong to and be retained by the
seller or other person to whom paid and entitled thereto; (iv)
all of the purchaser’s rights in all improvements made to the
property and in unharvested crops and timber thereon shall
belong to the seller; and (v) the purchaser and all other persons occupying the property whose interests are forfeited
shall be required to surrender possession of the property,
improvements, and unharvested crops and timber to the seller
ten days after the declaration of forfeiture is recorded;
(g) An itemized statement or, to the extent not known at
the time the notice of intent to forfeit is given or recorded, a
reasonable estimate of all payments of money in default and,
for defaults not involving the failure to pay money, a statement of the action required to cure the default;
(h) An itemized statement of all other payments, charges,
fees, and costs, if any, or, to the extent not known at the time
the notice of intent is given or recorded, a reasonable estimate
thereof, that are or may be required to cure the defaults;
(2006 Ed.)
61.30.070
(i) A statement that the person to whom the notice is
given may have the right to contest the forfeiture, or to seek
an extension of time to cure the default if the default does not
involve a failure to pay money, or both, by commencing a
court action by filing and serving the summons and complaint before the declaration of forfeiture is recorded;
(j) A statement that the person to whom the notice is
given may have the right to request a court to order a public
sale of the property; that such public sale will be ordered only
if the court finds that the fair market value of the property
substantially exceeds the debt owed under the contract and
any other liens having priority over the seller’s interest in the
property; that the excess, if any, of the highest bid at the sale
over the debt owed under the contract will be applied to the
liens eliminated by the sale and the balance, if any, paid to the
purchaser; that the court will require the person who requests
the sale to deposit the anticipated sale costs with the clerk of
the court; and that any action to obtain an order for public sale
must be commenced by filing and serving the summons and
complaint before the declaration of forfeiture is recorded;
(k) A statement that the seller is not required to give any
person any other notice of default before the declaration
which completes the forfeiture is given, or, if the contract or
other agreement requires such notice, the identification of
such notice and a statement of to whom, when, and how it is
required to be given; and
(l) Any additional information required by the contract
or other agreement with the seller.
(2) If the default is not cured before the time for cure has
expired, the seller may forfeit the contract by giving and
recording a declaration of forfeiture which contains the following:
(a) The name, address, and telephone number of the
seller;
(b) A description of the contract, including the names of
the original parties to the contract, the date of the contract,
and the recording number of the contract or memorandum
thereof;
(c) A legal description of the property;
(d) To the extent applicable, a statement that all the purchaser’s rights under the contract are canceled and all right,
title, and interest in the property of the purchaser and of all
persons claiming an interest in all or any portion of the property through the purchaser or which is otherwise subordinate
to the seller’s interest in the property are terminated except to
the extent otherwise stated in the declaration of forfeiture as
to persons or claims named, identified, or described;
(e) To the extent applicable, a statement that all persons
whose rights in the property have been terminated and who
are in or come into possession of any portion of the property
(including improvements and unharvested crops and timber)
are required to surrender such possession to the seller not
later than a specified date, which shall not be less than ten
days after the declaration of forfeiture is recorded or such
longer period provided in the contract or other agreement
with the seller;
(f) A statement that the forfeiture was conducted in compliance with all requirements of this chapter in all material
respects and applicable provisions of the contract;
(g) A statement that the purchaser and any person claiming any interest in the purchaser’s rights under the contract or
[Title 61 RCW—page 17]
61.30.080
Title 61 RCW: Mortgages, Deeds of Trust, and Real Estate Contracts
in the property who are given the notice of intent to forfeit
and the declaration of forfeiture have the right to commence
a court action to set the forfeiture aside by filing and serving
the summons and complaint within sixty days after the date
the declaration of forfeiture is recorded if the seller did not
have the right to forfeit the contract or fails to comply with
this chapter in any material respect; and
(h) Any additional information required by the contract
or other agreement with the seller.
(3) The seller may include in either or both required
notices any additional information the seller elects to include
which is consistent with this chapter and with the contract or
other agreement with the seller. [1988 c 86 § 7; 1985 c 237 §
7.]
61.30.080
61.30.080 Failure to give required notices. (1) If the
seller fails to give any required notice within the time
required by this chapter, the seller may record and give a subsequent notice of intent to forfeit or declaration of forfeiture,
as applicable. Any such subsequent notice shall (a) include
revised dates and information to the extent necessary to conform to this chapter as if the superseded notice had not been
given or recorded; (b) state that it supersedes the notice being
replaced; and (c) render void the previous notice which it
replaces.
(2) If the seller fails to give the notice of intent to forfeit
to all persons whose interests the seller desires to forfeit or to
record such notice as required by this chapter, and if the declaration of forfeiture has not been given or recorded, the
seller may give and record a new set of notices as required by
this chapter. However, the new notices shall contain a statement that they supersede and replace the earlier notices and
shall provide a new time for cure.
(3) If the seller fails to give any required notice to all persons whose interests the seller desires to forfeit or to record
such notice as required by this chapter, and if the declaration
of forfeiture has been given or recorded, the seller may apply
for a court order setting aside the forfeiture previously made,
and to the extent such order is entered, the seller may proceed
as if no forfeiture had been commenced. However, no such
order may be obtained without joinder and service upon the
persons who were given the required notices and all other
persons whose interests the seller desires to forfeit. [1988 c
86 § 8; 1985 c 237 § 8.]
61.30.090
61.30.090 Acceleration of payments—Cure of
default. (1) Even if the contract contains a provision allowing the seller, because of a default in the purchaser’s obligations under the contract, to accelerate the due date of some or
all payments to be made or other obligations to be performed
by the purchaser under the contract, the seller may not require
payment of the accelerated payments or performance of the
accelerated obligations as a condition to curing the default in
order to avoid forfeiture except to the extent the payments or
performance would be due without the acceleration. This
subsection shall not apply to an acceleration because of a
transfer, encumbrance, or conveyance of any or all of the purchaser’s interest in any portion or all of the property if the
contract being forfeited contains a provision accelerating the
unpaid balance because of such transfer, encumbrance, or
[Title 61 RCW—page 18]
conveyance and such provision is enforceable under applicable law.
(2) All persons described in RCW 61.30.040 (1) and (2),
regardless of whether given the notice of intent to forfeit, and
any guarantor of or any surety for the purchaser’s performance may cure the default. These persons may cure the
default at any time before expiration of the time for cure and
may act alone or in any combination. Any person having a
lien of record against the property which would be eliminated
in whole or in part by the forfeiture and who cures the purchaser’s default pursuant to this section shall have included
in its lien all payments made to effect such cure, including
interest thereon at the rate specified in or otherwise applicable to the obligations secured by such lien.
(3) The seller may, but shall not be required to, accept
tender of cure after the expiration of the time for cure and
before the declaration of forfeiture is recorded. The seller
may accept a partial cure. If the tender of such partial cure to
the seller or the seller’s agent or attorney is not accompanied
by a written statement of the person making the tender
acknowledging that such payment or other action does not
fully cure the default, the seller shall notify such person in
writing of the insufficiency and the amount or character
thereof, which notice shall include an offer to refund any partial tender of money paid to the seller or the seller’s agent or
attorney upon written request. The notice of insufficiency
may state that, by statute, such request must be made by a
specified date, which date may not be less than ninety days
after the notice of insufficiency is served or mailed. The
request must be made in writing and delivered or mailed to
the seller or the person who gave the notice of insufficiency
or the notice of intent to forfeit and, if the notice of insufficiency properly specifies a date by which such request must
be made, by the date so specified. The seller shall refund such
amount promptly following receipt of such written request, if
timely made, and the seller shall be liable to the person to
whom such amount is due for that person’s reasonable attorneys’ fees and other costs incurred in an action brought to
recover such amount in which such refund or any portion
thereof is found to have been improperly withheld. If the
seller’s written notice of insufficiency is not given to the person making the tender at least ten days before the expiration
of the time for cure, then regardless of whether the tender is
accepted the time for cure shall be extended for ten days from
the date the seller’s written notice of insufficiency is given.
The seller shall not be required to extend the time for cure
more than once even though more than one insufficient tender is made.
(4) Except as provided in this subsection, a timely tender
of cure shall reinstate the contract. If a default that entitles the
seller to forfeit the contract is not described in a notice of
intent to forfeit previously given and the seller gives a notice
of intent to forfeit concerning that default, timely cure of a
default described in a previous notice of intent to forfeit shall
not limit the effect of the subsequent notice.
(5) If the default is cured and a fulfillment deed is not
given to the purchaser, the seller or the seller’s agent or attorney shall sign, acknowledge, record, and deliver or mail to
the purchaser and, if different, the person who made the tender a written statement that the contract is no longer subject
to forfeiture under the notice of intent to forfeit previously
(2006 Ed.)
Real Estate Contract Forfeitures
given, referring to the notice of intent to forfeit by its recording number. A seller who fails within thirty days of written
demand to give and record the statement required by this subsection, if such demand specifies the penalties in this subsection, is liable to the person who cured the default for the
greater of five hundred dollars or actual damages, if any, and
for reasonable attorneys’ fees and other costs incurred in an
action to recover such amount or damages.
(6) Any person curing or intending to cure any default
shall have the right to request any court of competent jurisdiction to determine the reasonableness of any attorneys’ fees
which are included in the amount required to cure, and in
making such determination the court may award the prevailing party its reasonable attorneys’ fees and other costs
incurred in the action. An action under this subsection shall
not forestall any forfeiture or affect its validity. [1988 c 86 §
9; 1985 c 237 § 9.]
61.30.100
61.30.100 Effect of forfeiture. (1) The recorded and
sworn declaration of forfeiture shall be prima facie evidence
of the extent of the forfeiture and compliance with this chapter and, except as otherwise provided in RCW 61.30.040 (1)
and (2), conclusive evidence thereof in favor of bona fide
purchasers and encumbrancers for value.
(2) Except as otherwise provided in this chapter or the
contract or other agreement with the seller, forfeiture of a
contract under this chapter shall have the following effects:
(a) The purchaser, and all persons claiming through the
purchaser or whose interests are otherwise subordinate to the
seller’s interest in the property who were given the required
notices pursuant to this chapter, shall have no further rights in
the contract or the property and no person shall have any
right, by statute or otherwise, to redeem the property;
(b) All sums previously paid under the contract by or on
behalf of the purchaser shall belong to and be retained by the
seller or other person to whom paid; and
(c) All of the purchaser’s rights in all improvements
made to the property and in unharvested crops and timber
thereon at the time the declaration of forfeiture is recorded
shall be forfeited to the seller.
(3) The seller shall be entitled to possession of the property ten days after the declaration of forfeiture is recorded or
any longer period provided in the contract or any other agreement with the seller. The seller may proceed under chapter
59.12 RCW to obtain such possession. Any person in possession who fails to surrender possession when required shall be
liable to the seller for actual damages caused by such failure
and for reasonable attorneys’ fees and costs of the action.
(4) After the declaration of forfeiture is recorded, the
seller shall have no claim against and the purchaser shall not
be liable to the seller for any portion of the purchase price
unpaid or for any other breach of the purchaser’s obligations
under the contract, except for damages caused by waste to the
property to the extent such waste results in the fair market
value of the property on the date the declaration of forfeiture
is recorded being less than the unpaid monetary obligations
under the contract and all liens or contracts having priority
over the seller’s interest in the property. [1988 c 86 § 10;
1985 c 237 § 10.]
(2006 Ed.)
61.30.120
61.30.110
61.30.110 Forfeiture may be restrained or enjoined.
(1) The forfeiture may be restrained or enjoined or the time
for cure may be extended by court order only as provided in
this section. A certified copy of any restraining order or
injunction may be recorded in each county in which any part
of the property is located.
(2) Any person entitled to cure the default may bring or
join in an action under this section. No other person may
bring such an action without leave of court first given for
good cause shown. Any such action shall be commenced by
filing and serving the summons and complaint before the
declaration of forfeiture is recorded. Service shall be made
upon the seller or the seller’s agent or attorney, if any, who
gave the notice of intent to forfeit. Concurrently with commencement of the action, the person bringing the action shall
record a lis pendens in each county in which any part of the
property is located. A court may preliminarily enjoin the giving and recording of the declaration of forfeiture upon a
prima facie showing of the grounds set forth in this section
for a permanent injunction. If the court issues an order
restraining or enjoining the forfeiture then until such order
expires or is vacated or the court otherwise permits the seller
to proceed with the forfeiture, the declaration of forfeiture
shall not be given or recorded. However, the commencement
of the action shall not of itself extend the time for cure.
(3) The forfeiture may be permanently enjoined only
when the person bringing the action proves that there is no
default as claimed in the notice of intent to forfeit or that the
purchaser has a claim against the seller which releases, discharges, or excuses the default claimed in the notice of intent
to forfeit, including by offset, or that there exists any material
noncompliance with this chapter. The time for cure may be
extended only when the default alleged is other than the failure to pay money, the nature of the default is such that it cannot practically be cured within the time stated in the notice of
intent to forfeit, action has been taken and is diligently being
pursued which would cure the default, and any person entitled to cure is ready, willing, and able to timely perform all of
the purchaser’s other contract obligations. [1988 c 86 § 11;
1985 c 237 § 11.]
61.30.120
61.30.120 Sale of property in lieu of forfeiture. (1)
Except for a sale ordered incident to foreclosure of the contract as a mortgage, a public sale of the property in lieu of the
forfeiture may be ordered by the court only as provided in
this section. Any person entitled to cure the default may bring
or join in an action seeking an order of public sale in lieu of
forfeiture. No other person may bring such an action without
leave of court first given for good cause shown.
(2) An action under this section shall be commenced by
filing and serving the summons and complaint before the
declaration of forfeiture is recorded. Service shall be made
upon the seller or the seller’s agent or attorney, if any, who
gave the notice of intent to forfeit. Concurrently with commencement of the action, the person bringing the action shall
record a lis pendens in each county in which any part of the
property is located. After the commencement of an action
under this section and before its dismissal, the denial of a
request for a public sale, or the vacation or expiration of an
order for a public sale, the declaration of forfeiture shall not
[Title 61 RCW—page 19]
61.30.120
Title 61 RCW: Mortgages, Deeds of Trust, and Real Estate Contracts
be given or recorded. However, commencement of the action
shall not of itself extend the time for cure.
(3) If the court finds the then fair market value of the
property substantially exceeds the unpaid and unperformed
obligations secured by the contract and any other liens having
priority over the seller’s interest in the property, the court
may require the property to be sold after the expiration of the
time for cure in whole or in parcels to pay the costs of the sale
and satisfy the amount the seller is entitled to be paid from the
sale proceeds. Such sale shall be for cash to the highest bidder
at a public sale by the sheriff at a courthouse of the county in
which the property or any contiguous or noncontiguous portion thereof is located. The order requiring a public sale of the
property shall specify the amount which the seller is entitled
to be paid from the sale proceeds, which shall include all
sums unpaid under the contract, irrespective of the due dates
thereof, and such other costs and expenses to which the seller
is entitled as a result of the purchaser’s default under the contract, subject to any offsets or damages to which the purchaser is entitled. The order shall require any person requesting the sale to deposit with the clerk of the court, or such
other person as the court may direct, the amount the court
finds will be necessary to pay all of the costs and expenses of
advertising and conducting the sale, including the notices to
be given under subsections (4) and (5) of this section. The
court shall require such deposit to be made within seven days,
and if not so made the court shall vacate its order of sale.
Except as provided in subsections (6) and (8) of this section,
the sale shall eliminate the interests of the persons given the
notice of intent to forfeit to the same extent that such interests
would have been eliminated had the seller’s forfeiture been
effected pursuant to such notice.
(4) The sheriff shall endorse upon the order the time and
date when the sheriff receives it and shall forthwith post and
publish the notice of sale specified in this subsection and sell
the property, or so much thereof as may be necessary to discharge the amount the seller is entitled to be paid as specified
in the court’s order of sale. The notice of sale shall be printed
or typed and contain the following information:
(a) A statement that the court has directed the sheriff to
sell the property described in the notice of sale and the
amount the seller is entitled to be paid from the sale proceeds
as specified in the court’s order;
(b) The caption, cause number, and court in which the
order was entered;
(c) A legal description of the property to be sold, including the street address if any;
(d) The date and recording number of the contract;
(e) The scheduled date, time, and place of the sale;
(f) If the time for cure has not expired, the date it will
expire and that the purchaser and other persons authorized to
cure have the right to avoid the sale ordered by the court by
curing the defaults specified in the notice of intent to forfeit
before the time for cure expires;
(g) The right of the purchaser to avoid the sale ordered
by the court by paying to the sheriff, at any time before the
sale, in cash, the amount which the seller would be entitled to
be paid from the proceeds of the sale, as specified in the
court’s order; and
(h) A statement that unless otherwise provided in the
contract between seller and purchaser or other agreement
[Title 61 RCW—page 20]
with the seller, no person shall have any right to redeem the
property sold at the sale.
The notice of sale shall be given by posting a copy
thereof for a period of not less than four weeks prior to the
date of sale in three public places in each county in which the
property or any portion thereof is located, one of which shall
be at the front door of the courthouse for the superior court of
each such county, and one of which shall be placed in a conspicuous place on the property. Additionally, the notice of
sale shall be published once a week for two consecutive
weeks in the newspaper or newspapers prescribed for published notices in RCW 61.30.050(2)(b). The sale shall be
scheduled to be held not more than seven days after the expiration of (i) the periods during which the notice of sale is
required to be posted and published or (ii) the time for cure,
whichever is later; however, the seller may, but shall not be
required to, permit the sale to be scheduled for a later date.
Upon the completion of the sale, the sheriff shall deliver a
sheriff’s deed to the property sold to the successful bidder.
(5) Within seven days following the date the notice of
sale is posted on the property, the seller shall, by the means
described in RCW 61.30.050(2), give a copy of the notice of
sale to all persons who were given the notice of intent to forfeit, except the seller need not post or publish the notice of
sale.
(6) Any person may bid at the sale. If the purchaser is the
successful bidder, the sale shall not affect any interest in the
property which is subordinate to the contract. If the seller is
the successful bidder, the seller may offset against the price
bid the amount the seller is entitled to be paid as specified in
the court’s order. Proceeds of such sale shall be first applied
to any costs and expenses of sale incurred by the sheriff and
the seller in excess of the deposit referred to in subsection (3)
of this section, and next to the amount the seller is entitled to
be paid as specified in the court’s order. Any proceeds in
excess of the amount necessary to pay such costs, expenses
and amount, less the clerk’s filing fee, shall be deposited with
the clerk of the superior court of the county in which the sale
took place, unless such surplus is less than the clerk’s filing
fee, in which event such excess shall be paid to the purchaser.
The clerk shall index such funds under the name of the purchaser. Interests in or liens or claims of liens against the property eliminated by the sale shall attach to such surplus in the
order of priority that they had attached to the property. The
clerk shall not disburse the surplus except upon order of the
superior court of such county, which order shall not be
entered less than ten days following the deposit of the funds
with the clerk.
(7) In addition to the right to cure the default within the
time for cure, the purchaser shall have the right to satisfy its
obligations under the contract and avoid any public sale
ordered by the court by paying to the sheriff, at any time
before the sale, in cash, the amount which the seller would be
entitled to be paid from the proceeds of the sale as specified
in the court’s order plus the amount of any costs and expenses
of the sale incurred by the sheriff and the seller in excess of
the deposit referred to in subsection (3) of this section. If the
purchaser satisfies its obligations as provided in this subsection, the seller shall deliver its fulfillment deed to the purchaser.
(2006 Ed.)
Real Estate Contract Forfeitures
(8) Unless otherwise provided in the contract or other
agreement with the seller, after the public sale provided in
this section no person shall have any right, by statute or otherwise, to redeem the property and, subject to the rights of
persons unaffected by the sale, the purchaser at the public
sale shall be entitled to possession of the property ten days
after the date of the sale and may proceed under chapter 59.12
RCW to obtain such possession.
(9) A public sale effected under this section shall satisfy
the obligations secured by the contract, regardless of the sale
price or fair value, and no deficiency decree or other judgment may thereafter be obtained on such obligations. [1988
c 86 § 12; 1985 c 237 § 12.]
61.30.130
61.30.130 Forfeiture may proceed upon expiration of
judicial order—Court may award attorneys’ fees or
impose conditions—Venue. (1) If an order restraining or
enjoining the forfeiture or an order of sale under RCW
61.30.120 expires or is dissolved or vacated at least ten days
before expiration of the time for cure, the seller may proceed
with the forfeiture under this chapter if the default is not
cured at the end of the time for cure. If any such order expires
or is dissolved or vacated or such other final disposition is
made at any time later than stated in the first sentence of this
subsection, the seller may proceed with the forfeiture under
this chapter if the default is not cured, except the time for cure
shall be extended for ten days after the final disposition or the
expiration of, or entry of the order dissolving or vacating, the
order.
(2) In actions under RCW 61.30.110 and 61.30.120, the
court may award reasonable attorneys’ fees and costs of the
action to the prevailing party, except for such fees and costs
incurred by a person requesting a public sale of the property.
(3) In actions under RCW 61.30.110 and 61.30.120, on
the seller’s motion the court may (a) require the person commencing the action to provide a bond or other security against
all or a portion of the seller’s damages and (b) impose other
conditions, the failure of which may be cause for entry of an
order dismissing the action and dissolving or vacating any
restraining order, injunction, or other order previously
entered.
(4) Actions under RCW 61.30.110, 61.30.120, or
61.30.140 shall be brought in the superior court of the county
where the property is located or, if the property is located in
more than one county, then in any of such counties, regardless of whether the property is contiguous or noncontiguous.
[1988 c 86 § 13; 1985 c 237 § 13.]
61.30.140
61.30.140 Action to set aside forfeiture. (1) An action
to set aside a forfeiture not otherwise void under RCW
61.30.040(1) may be commenced only after the declaration
of forfeiture has been recorded and only as provided in this
section, and regardless of whether an action was previously
commenced under RCW 61.30.110.
(2) An action to set aside the forfeiture permitted by this
section may be commenced only by a person entitled to be
given the required notices under RCW 61.30.040 (1) and (2).
For all persons given the required notices in accordance with
this chapter, such an action shall be commenced by filing and
serving the summons and complaint not later than sixty days
(2006 Ed.)
61.30.150
after the declaration of forfeiture is recorded. Service shall be
made upon the seller or the seller’s attorney in fact, if any,
who signed the declaration of forfeiture. Concurrently with
commencement of the action, the person bringing the action
shall record a lis pendens in each county in which any part of
the property is located.
(3) The court may require that all payments specified in
the notice of intent shall be paid to the clerk of the court as a
condition to maintaining an action to set aside the forfeiture.
All payments falling due during the pendency of the action
shall be paid to the clerk of the court when due. These payments shall be calculated without regard to any acceleration
provision in the contract (except an acceleration because of a
transfer, encumbrance, or conveyance of the purchaser’s
interest in the property when otherwise enforceable) and
without regard to the seller’s contention the contract has been
duly forfeited and shall not include the seller’s costs and fees
of the forfeiture. The court may make orders regarding the
investment or disbursement of these funds and may authorize
payments to third parties instead of the clerk of the court.
(4) The forfeiture shall not be set aside unless (a) the
rights of bona fide purchasers for value and of bona fide
encumbrancers for value of the property would not thereby be
adversely affected and (b) the person bringing the action
establishes that the seller was not entitled to forfeit the contract at the time the seller purported to do so or that the seller
did not materially comply with the requirements of this chapter.
(5) If the purchaser or other person commencing the
action establishes a right to set aside the forfeiture, the court
shall award the purchaser or other person commencing the
action actual damages, if any, and may award the purchaser
or other person its reasonable attorneys’ fees and costs of the
action. If the court finds that the forfeiture was conducted in
compliance with this chapter, the court shall award the seller
actual damages, if any, and may award the seller its reasonable attorneys’ fees and costs of the action.
(6) The seller is entitled to possession of the property and
to the rents, issues, and profits thereof during the pendency of
an action to set aside the forfeiture: PROVIDED, That the
court may provide that possession of the property be delivered to or retained by the purchaser or some other person and
may make other provisions for the rents, issues, and profits.
[1988 c 86 § 14; 1985 c 237 § 14.]
61.30.150
61.30.150 False swearing—Penalty—Failure to comply with chapter—Liability. (1) Whoever knowingly
swears falsely to any statement required by this chapter to be
sworn is guilty of perjury and shall be liable for the statutory
penalties therefor.
(2) A seller who records a declaration of forfeiture with
actual knowledge or reason to know of a material failure to
comply with any requirement of this chapter is liable to any
person whose interest in the property or the contract, or both,
has been forfeited without material compliance with this
chapter for actual damages and actual attorneys’ fees and
costs of the action and, in the court’s discretion, exemplary
damages. [1988 c 86 § 15; 1985 c 237 § 15.]
[Title 61 RCW—page 21]
61.30.160
Title 61 RCW: Mortgages, Deeds of Trust, and Real Estate Contracts
61.30.160
61.30.160 Priority of actions under chapter. An
action brought under RCW 61.30.110, 61.30.120, or
61.30.140 shall take precedence over all other civil actions
except those described in RCW 59.12.130. [1985 c 237 §
16.]
61.30.900
61.30.900 Short title. This chapter may be known and
cited as the real estate contract forfeiture act. [1985 c 237 §
17.]
61.30.905
61.30.905 Severability—1985 c 237. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 237 § 19.]
61.30.910
61.30.910 Effective date—Application—1985 c 237.
This act shall take effect January 1, 1986, and shall apply to
all real estate contract forfeitures initiated on or after that
date, regardless of when the real estate contract was made.
[1985 c 237 § 21.]
61.30.911
61.30.911 Application—1988 c 86. This act applies to
all real estate contract forfeitures initiated on or after June 9,
1988, regardless of when the real estate contract was made.
[1988 c 86 § 16.]
Chapter 61.34
Chapter 61.34 RCW
EQUITY SKIMMING
Sections
61.34.010
61.34.020
61.34.030
61.34.040
61.34.900
Legislative findings.
Definitions.
Criminal penalty.
Application of consumer protection act.
Severability—1988 c 33.
61.34.010
61.34.010 Legislative findings. The legislature finds
that persons are engaging in patterns of conduct which
defraud innocent homeowners of their equity interest or other
value in residential dwellings under the guise of a purchase of
the owner’s residence but which is in fact a device to convert
the owner’s equity interest or other value in the residence to
an equity skimmer, who fails to make payments, diverts the
equity or other value to the skimmer’s benefit, and leaves the
innocent homeowner with a resulting financial loss or debt.
The legislature further finds this activity of equity skimming to be contrary to the public policy of this state and
therefore establishes the crime of equity skimming to address
this form of real estate fraud and abuse. [1988 c 33 § 1.]
61.34.020
61.34.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Pattern of equity skimming" means engaging in a
least three acts of equity skimming within any three-year
period, with at least one of the acts occurring after June 9,
1988.
(2) "Dwelling" means a single, duplex, triplex, or
four-unit family residential building.
[Title 61 RCW—page 22]
(3) "Person" includes any natural person, corporation,
joint stock association, or unincorporated association.
(4) An "act of equity skimming" occurs when:
(a)(i) A person purchases a dwelling with the representation that the purchaser will pay for the dwelling by assuming
the obligation to make payments on existing mortgages,
deeds of trust, or real estate contracts secured by and pertaining to the dwelling, or by representing that such obligation
will be assumed; and
(ii) The person fails to make payments on such mortgages, deeds of trust, or real estate contracts as the payments
become due, within two years subsequent to the purchase;
and
(iii) The person diverts value from the dwelling by either
(A) applying or authorizing the application of rents from the
dwelling for the person’s own benefit or use, or (B) obtaining
anything of value from the sale or lease with option to purchase of the dwelling for the person’s own benefit or use, or
(C) removing or obtaining appliances, fixtures, furnishings,
or parts of such dwellings or appurtenances for the person’s
own benefit or use without replacing the removed items with
items of equal or greater value; or
(b)(i) The person purchases a dwelling in a transaction in
which all or part of the purchase price is financed by the seller
and is (A) secured by a lien which is inferior in priority or
subordinated to a lien placed on the dwelling by the purchaser, or (B) secured by a lien on other real or personal property, or (C) without any security; and
(ii) The person obtains a superior priority loan which
either (A) is secured by a lien on the dwelling which is superior in priority to the lien of the seller, but not including a
bona fide assumption by the purchaser of a loan existing prior
to the time of purchase, or (B) creating any lien or encumbrance on the dwelling when the seller does not hold a lien on
the dwelling; and
(iii) The person fails to make payments or defaults on the
superior priority loan within two years subsequent to the purchase; and
(iv) The person diverts value from the dwelling by
applying or authorizing any part of the proceeds from such
superior priority loan for the person’s own benefit or use.
[1988 c 33 § 4.]
61.34.030
61.34.030 Criminal penalty. Any person who wilfully
engages in a pattern of equity skimming is guilty of a class B
felony under RCW 9A.20.021. Equity skimming shall be
classified as a level II offense under chapter 9.94A RCW, and
each act of equity skimming found beyond a reasonable
doubt or admitted by the defendant upon a plea of guilty to be
included in the pattern of equity skimming, shall be a separate current offense for the purpose of determining the sentence range for each current offense pursuant to RCW
9.94A.589(1)(a). [1988 c 33 § 2.]
61.34.040
61.34.040 Application of consumer protection act. In
addition to the criminal penalties provided in RCW
61.34.030, the legislature finds and declares that equity skimming substantially affects the public interest. The commission by any person of an act of equity skimming or a pattern
of equity skimming is an unfair or deceptive act or practice
(2006 Ed.)
Equity Skimming
61.34.900
and unfair method of competition in the conduct of trade or
commerce in violation of RCW 19.86.020. [1988 c 33 § 3.]
61.34.900 Severability—1988 c 33. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1988 c 33 § 6.]
61.34.900
(2006 Ed.)
[Title 61 RCW—page 23]
Title 62A
Title 62A
UNIFORM COMMERCIAL CODE
Articles
1
General provisions.
2
Sales.
2A
Leases.
3
Negotiable instruments.
4
Bank deposits and collections.
4A
Funds transfers.
5
Letters of credit.
7
Warehouse receipts, bills of lading and other documents of title.
8
Investment securities.
9A
Secured transactions; sales of accounts, contract
rights and chattel paper.
10
Effective date and repealer.
11
Effective date and transition provisions.
Reviser’s note: The Uniform Commercial Code was enacted by 1965
ex.s. c 157 and became effective at midnight on June 30, 1967. The 1972
amendments to the Uniform Commercial Code recommended by the
National Conference of Commissioners on Uniform State Laws were
enacted by 1981 c 41 and become effective at midnight on June 30, 1982.
The style of the numbers assigned in the Commercial Code differs
from the standard RCW numbering system. The purpose of this variance is
to enable ready comparison with the laws and annotations of other states
which have adopted the Uniform Commercial Code and to conform to the
recommendations of the National Conference of Commissioners on Uniform
State Laws.
As enacted and amended by the Washington Legislature, the Uniform
Commercial Code is divided into eleven Articles, which are subdivided into
a number of Parts. The first section in Article 1, Part 1 of the Commercial
Code is numbered 1-101, the second section in Article 1, Part 1 is numbered
1-102, the first section in Article 1, Part 2 is numbered 1-201, the first section
in Article 2, Part 1 is numbered 2-101, etc.
We have assigned Title 62A RCW for the Uniform Commercial Code
but have retained its uniform numbering; thus in this title, section 1-101 of
the Commercial Code becomes RCW 62A.1-101; section 1-102 becomes
RCW 62A.1-102; section 1-201 becomes RCW 62A.1-201; section 2-101
becomes RCW 62A.2-101, and so on.
Cashing checks, drafts, and state warrants for state officers and employees—Discretionary—Conditions—Procedure upon dishonor: RCW
43.08.180.
Immunity from implied warranties and civil liability relating to blood,
plasma, and blood derivative—Scope—Effective date: RCW
70.54.120.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Motor vehicle
certificate of ownership, transfer, perfection of security interest, etc.:
Chapter 46.12 RCW.
express warranties: Chapter 19.118 RCW.
Uniform legislation commission: Chapter 43.56 RCW.
Article 1
Article 1
GENERAL PROVISIONS
Sections
PART 1
SHORT TITLE, CONSTRUCTION, APPLICATION
AND SUBJECT MATTER OF THE TITLE
62A.1-101
62A.1-102
(2006 Ed.)
Short title.
Purposes; rules of construction; variation by agreement.
62A.1-103
62A.1-104
62A.1-105
62A.1-106
62A.1-107
62A.1-108
62A.1-109
62A.1-110
Supplementary general principles of law applicable.
Construction against implicit repeal.
Territorial application of the title; parties’ power to choose
applicable law.
Remedies to be liberally administered.
Waiver or renunciation of claim or right after breach.
Severability.
Section captions.
Art dealers and artists—Contracts—Duties, etc.
PART 2
GENERAL DEFINITIONS AND PRINCIPLES
OF INTERPRETATION
62A.1-201
62A.1-202
62A.1-203
62A.1-204
62A.1-205
62A.1-206
62A.1-207
62A.1-208
General definitions.
Prima facie evidence by third party documents.
Obligation of good faith.
Time; reasonable time; "seasonably".
Course of dealing and usage of trade.
Statute of frauds for kinds of personal property not otherwise
covered.
Performance or acceptance under reservation of rights.
Option to accelerate at will.
PART 1
SHORT TITLE, CONSTRUCTION, APPLICATION AND
SUBJECT MATTER OF THE TITLE
62A.1-101 Short title. This Title shall be known and
may be cited as Uniform Commercial Code. [1965 ex.s. c
157 § 1-101.]
62A.1-101
62A.1-102 Purposes; rules of construction; variation
by agreement. (1) This Title shall be liberally construed and
applied to promote its underlying purposes and policies.
(2) Underlying purposes and policies of this Title are
(a) to simplify, clarify and modernize the law governing
commercial transactions;
(b) to permit the continued expansion of commercial
practices through custom, usage and agreement of the parties;
(c) to make uniform the law among the various jurisdictions.
(3) The effect of provisions of this Title may be varied by
agreement, except as otherwise provided in this Title and
except that the obligations of good faith, diligence, reasonableness and care prescribed by this Title may not be disclaimed by agreement but the parties may by agreement
determine the standards by which the performance of such
obligations is to be measured if such standards are not manifestly unreasonable.
(4) The presence in certain provisions of this Title of the
words "unless otherwise agreed" or words of similar import
does not imply that the effect of other provisions may not be
varied by agreement under subsection (3).
(5) In this Title unless the context otherwise requires
(a) words in the singular number include the plural, and
in the plural include the singular;
(b) words of the masculine gender include the feminine
and the neuter, and when the sense so indicates words of the
neuter gender may refer to any gender. [1965 ex.s. c 157 § 162A.1-102
[Title 62A RCW—page 1]
62A.1-103
Title 62A RCW: Uniform Commercial Code
102. Cf. former RCW sections: (i) RCW 22.04.580; 1913 c
99 § 57; RRS § 3643. (ii) RCW 23.80.190; 1939 c 100 § 19;
RRS § 3803-119. (iii) RCW 63.04.745; 1925 ex.s. c 142 § 74;
RRS § 5836-74; formerly RCW 63.04.770. (iv) RCW
81.32.521; 1961 c 14 § 81.32.521; prior: 1915 c 159 § 52;
RRS § 3698; formerly RCW 81.32.610.]
Code to be liberally construed: RCW 1.12.010.
Effective date—2000 c 250: See RCW 62A.9A-701.
Applicability—Savings—Transition provisions—1997 c 56: See
RCW 62A.5-1013 and 62A.5-1015.
Savings—1995 c 48: See RCW 62A.8-601.
Effective date—1995 c 48: See RCW 62A.11-113.
Effective date—1993 c 230: See RCW 62A.11-110.
Effective date—1981 c 41: See RCW 62A.11-101.
Number and gender—Interpretation: RCW 1.12.050.
62A.1-106 Remedies to be liberally administered. (1)
The remedies provided by this Title shall be liberally administered to the end that the aggrieved party may be put in as
good a position as if the other party had fully performed but
neither consequential or special nor penal damages may be
had except as specifically provided in this Title or by other
rule of law.
(2) Any right or obligation declared by this Title is
enforceable by action unless the provision declaring it specifies a different and limited effect. [1965 ex.s. c 157 § 1-106.
Cf. former: RCW 63.04.730; 1925 ex.s. c 142 § 72; RRS §
5836-72.]
62A.1-106
62A.1-103
62A.1-103 Supplementary general principles of law
applicable. Unless displaced by the particular provisions of
this Title, the principles of law and equity, including the law
merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress,
coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions. [1965 ex.s. c
157 § 1-103. Cf. former RCW sections: (i) RCW 22.04.570;
1913 c 99 § 56; RRS § 3642. (ii) RCW 23.80.180; 1939 c 100
§ 18; RRS § 3803-118; formerly RCW 23.20.190. (iii) RCW
62.01.196; 1955 c 35 § 196; RRS § 3586. (iv) RCW
63.04.030; 1925 ex.s. c 142 § 2; RRS § 5836-2. (v) RCW
81.32.511; 1961 c 14 § 81.32.511; prior: 1915 c 159 § 51;
RRS § 3697; formerly RCW 81.32.600.]
Application of common law: RCW 4.04.010.
62A.1-104
62A.1-104 Construction against implicit repeal. This
Title being a general act intended as a unified coverage of its
subject matter, no part of it shall be deemed to be impliedly
repealed by subsequent legislation if such construction can
reasonably be avoided. [1965 ex.s. c 157 § 1-104.]
62A.1-107 Waiver or renunciation of claim or right
after breach. Any claim or right arising out of an alleged
breach can be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party. [1965 ex.s. c 157 § 1-107. Cf.
former RCW sections: (i) RCW 62.01.119(3); 1955 c 35 §
62.01.119; prior: 1899 c 149 § 119; RRS § 3509. (ii) RCW
62.01.120(2); 1955 c 35 § 62.01.120; prior: 1899 c 149 §
120; RRS § 3510. (iii) RCW 62.01.122; 1955 c 35 §
62.01.122; prior: 1899 c 149 § 122; RRS § 3512.]
62A.1-107
62A.1-105
62A.1-105 Territorial application of the title; parties’
power to choose applicable law. (1) Except as provided
hereafter in this section, when a transaction bears a reasonable relation to this state and also to another state or nation
the parties may agree that the law either of this state or of
such other state or nation shall govern their rights and duties.
Failing such agreement this Title applies to transactions bearing an appropriate relation to this state.
(2) Where one of the following provisions of this Title
specifies the applicable law, that provision governs and a
contrary agreement is effective only to the extent permitted
by the law (including the conflict of laws rules) so specified:
Rights of creditors against sold goods. RCW 62A.2-402.
Applicability of the Article on Leases. RCW 62A.2A105 and 62A.2A-106.
Applicability of the Article on Bank Deposits and Collections. RCW 62A.4-102.
Governing law in the Article on Funds Transfers. RCW
62A.4A-507.
Letters of Credit. RCW 62A.5-116.
Applicability of the Article on Investment Securities.
RCW 62A.8-110.
Law governing perfection, the effect of perfection or
nonperfection, and the priority of security interests and agricultural liens. RCW 62A.9A-301 through 62A.9A-307.
[2001 c 32 § 8; 2000 c 250 § 9A-801; 1997 c 56 § 19; 1995 c
48 § 54. Prior: 1993 c 395 § 6-102; 1993 c 230 § 2A-601;
1981 c 41 § 1; 1965 ex.s. c 157 § 1-105.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
[Title 62A RCW—page 2]
62A.1-108 Severability. If any provision or clause of
this Title or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the Title which can be given
effect without the invalid provision or application, and to this
end the provisions of this Title are declared to be severable.
[1965 ex.s. c 157 § 1-108. Cf. former RCW 62.98.030; 1955
c 35 § 62.98.030.]
62A.1-108
62A.1-109
62A.1-109 Section captions. Section captions are parts
of this Title. [1965 ex.s. c 157 § 1-109. Cf. former RCW
62.98.020; 1955 c 35 § 62.98.020.]
Reviser’s note: Sections in this title that were amended or added after
the original enactment of this title by chapter 157, Laws of 1965 ex. sess.
may have section captions supplied by the code reviser as authorized under
RCW 1.08.015(2)(l).
62A.1-110 Art dealers and artists—Contracts—
Duties, etc. Chapter 18.110 RCW shall control over any
conflicting provision of this title. [1981 c 33 § 7.]
62A.1-110
PART 2
GENERAL DEFINITIONS AND PRINCIPLES
OF INTERPRETATION
62A.1-201 General definitions. Subject to additional
definitions contained in the subsequent Articles of this Title
which are applicable to specific Articles or Parts thereof, and
unless the context otherwise requires, in this Title:
62A.1-201
(2006 Ed.)
General Provisions
(1) "Action" in the sense of a judicial proceeding
includes recoupment, counterclaim, set-off, suit in equity and
any other proceedings in which rights are determined.
(2) "Aggrieved party" means a party entitled to resort to
a remedy.
(3) "Agreement" means the bargain of the parties in fact
as found in their language or by implication from other circumstances including course of dealing or usage of trade or
course of performance as provided in this Title (RCW 62A.1205, RCW 62A.2-208, and RCW 62A.2A-207). Whether an
agreement has legal consequences is determined by the provisions of this Title, if applicable; otherwise by the law of
contracts (RCW 62A.1-103). (Compare "Contract".)
(4) "Bank" means any person engaged in the business of
banking.
(5) "Bearer" means the person in possession of an instrument, document of title, or certificated security payable to
bearer or indorsed in blank.
(6) "Bill of lading" means a document evidencing the
receipt of goods for shipment issued by a person engaged in
the business of transporting or forwarding goods, and
includes an airbill. "Airbill" means a document serving for air
transportation as a bill of lading does for marine or rail transportation, and includes an air consignment note or air waybill.
(7) "Branch" includes a separately incorporated foreign
branch of a bank.
(8) "Burden of establishing" a fact means the burden of
persuading the triers of fact that the existence of the fact is
more probable than its non-existence.
(9) "Buyer in ordinary course of business" means a person that buys goods in good faith, without knowledge that the
sale violates the rights of another person in the goods, and in
the ordinary course from a person, other than a pawnbroker,
in the business of selling goods of that kind. A person buys
goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of
business in which the seller is engaged or with the seller’s
own usual or customary practices. A person that sells oil, gas,
or other minerals at the wellhead or minehead is a person in
the business of selling goods of that kind. A buyer in ordinary
course of business may buy for cash, by exchange of other
property, or on secured or unsecured credit, and may acquire
goods or documents of title under a pre-existing contract for
sale. Only a buyer that takes possession of the goods or has a
right to recover the goods from the seller under Article 62A.2
RCW may be a buyer in ordinary course of business. A person that acquires goods in a transfer in bulk or as security for
or in total or partial satisfaction of a money debt is not a buyer
in ordinary course of business.
(10) "Conspicuous": A term or clause is conspicuous
when it is so written that a reasonable person against whom it
is to operate ought to have noticed it. A printed heading in
capitals (as: NON-NEGOTIABLE BILL OF LADING) is
conspicuous. Language in the body of a form is "conspicuous" if it is in larger or other contrasting type or color. But in
a telegram any stated term is "conspicuous". Whether a term
or clause is "conspicuous" or not is for decision by the court.
(11) "Contract" means the total legal obligation which
results from the parties’ agreement as affected by this Title
(2006 Ed.)
62A.1-201
and any other applicable rules of law. (Compare "Agreement".)
(12) "Creditor" includes a general creditor, a secured
creditor, a lien creditor and any representative of creditors,
including an assignee for the benefit of creditors, a trustee in
bankruptcy, a receiver in equity and an executor or administrator of an insolvent debtor’s or assignor’s estate.
(13) "Defendant" includes a person in the position of
defendant in a cross-action or counterclaim.
(14) "Delivery" with respect to instruments, documents
of title, chattel paper, or certificated securities means voluntary transfer of possession.
(15) "Document of title" includes bill of lading, dock
warrant, dock receipt, warehouse receipt or order for the
delivery of goods, and also any other document which in the
regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold and dispose of the document and the
goods it covers. To be a document of title a document must
purport to be issued by or addressed to a bailee and purport to
cover goods in the bailee’s possession which are either identified or are fungible portions of an identified mass.
(16) "Fault" means wrongful act, omission or breach.
(17) "Fungible" with respect to goods or securities
means goods or securities of which any unit is, by nature or
usage of trade, the equivalent of any other like unit. Goods
which are not fungible shall be deemed fungible for the purposes of this Title to the extent that under a particular agreement or document unlike units are treated as equivalents.
(18) "Genuine" means free of forgery or counterfeiting.
(19) "Good faith" means honesty in fact in the conduct or
transaction concerned.
(20) "Holder" with respect to a negotiable instrument,
means the person in possession if the instrument is payable to
bearer or, in the case of an instrument payable to an identified
person, if the identified person is in possession. "Holder"
with respect to a document of title means the person in possession if the goods are deliverable to bearer or to the order of
the person in possession.
(21) To "honor" is to pay or to accept and pay, or where
a credit so engages to purchase or discount a draft complying
with the terms of the credit.
(22) "Insolvency proceedings" includes any assignment
for the benefit of creditors or other proceedings intended to
liquidate or rehabilitate the estate of the person involved.
(23) A person is "insolvent" who either has ceased to pay
his or her debts in the ordinary course of business or cannot
pay his or her debts as they become due or is insolvent within
the meaning of the federal bankruptcy law.
(24) "Money" means a medium of exchange authorized
or adopted by a domestic or foreign government and includes
a monetary unit of account established by an intergovernmental organization or by agreement between two or more
nations.
(25) A person has "notice" of a fact when
(a) he or she has actual knowledge of it; or
(b) he or she has received a notice or notification of it; or
(c) from all the facts and circumstances known to him or
her at the time in question he or she has reason to know that
it exists.
[Title 62A RCW—page 3]
62A.1-201
Title 62A RCW: Uniform Commercial Code
A person "knows" or has "knowledge" of a fact when he or
she has actual knowledge of it. "Discover" or "learn" or a
word or phrase of similar import refers to knowledge rather
than to reason to know. The time and circumstances under
which a notice or notification may cease to be effective are
not determined by this Title.
(26) A person "notifies" or "gives" a notice or notification to another by taking such steps as may be reasonably
required to inform the other in ordinary course whether or not
such other actually comes to know of it. A person "receives"
a notice or notification when
(a) it comes to his or her attention; or
(b) it is duly delivered at the place of business through
which the contract was made or at any other place held out by
him or her as the place for receipt of such communications.
(27) Notice, knowledge or a notice or notification
received by an organization is effective for a particular transaction from the time when it is brought to the attention of the
individual conducting that transaction, and in any event from
the time when it would have been brought to his or her attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable
routines for communicating significant information to the
person conducting the transaction and there is reasonable
compliance with the routines. Due diligence does not require
an individual acting for the organization to communicate
information unless such communication is part of his or her
regular duties or unless he or she has reason to know of the
transaction and that the transaction would be materially
affected by the information.
(28) "Organization" includes a corporation, government
or governmental subdivision or agency, business trust, estate,
trust, partnership or association, two or more persons having
a joint or common interest, or any other legal or commercial
entity.
(29) "Party", as distinct from "third party", means a person who has engaged in a transaction or made an agreement
within this Title.
(30) "Person" includes an individual or an organization
(See RCW 62A.1-102).
(31) "Presumption" or "presumed" means that the trier of
fact must find the existence of the fact presumed unless and
until evidence is introduced which would support a finding of
its nonexistence.
(32) "Purchase" includes taking by sale, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift or any other voluntary transaction creating an interest in property.
(33) "Purchaser" means a person who takes by purchase.
(34) "Remedy" means any remedial right to which an
aggrieved party is entitled with or without resort to a tribunal.
(35) "Representative" includes an agent, an officer of a
corporation or association, and a trustee, executor or administrator of an estate, or any other person empowered to act for
another.
(36) "Rights" includes remedies.
(37) "Security interest" means an interest in personal
property or fixtures which secures payment or performance
of an obligation, except for lease-purchase agreements under
chapter 63.19 RCW. The term also includes any interest of a
consignor and a buyer of accounts, chattel paper, a payment
[Title 62A RCW—page 4]
intangible, or a promissory note in a transaction that is subject to Article 9A. The special property interest of a buyer of
goods on identification of such goods to a contract for sale
under RCW 62A.2-401 is not a "security interest", but a
buyer may also acquire a "security interest" by complying
with Article 9A. Except as otherwise provided in RCW
62A.2-505, the right of a seller or lessor of goods under Article 2 or 2A to retain or acquire possession of the goods is not
a "security interest," but a seller or lessor may also acquire a
"security interest" by complying with Article 9A. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (RCW 62A.2-401) is
limited in effect to a reservation of a "security interest."
Whether a transaction creates a lease or security interest
is determined by the facts of each case. However, a transaction creates a security interest if the consideration the lessee
is to pay the lessor for the right to possession and use of the
goods is an obligation for the term of the lease not subject to
termination by the lessee, and:
(a) The original term of the lease is equal to or greater
than the remaining economic life of the goods;
(b) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the
owner of the goods;
(c) The lessee has an option to renew the lease for the
remaining economic life of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement; or
(d) The lessee has an option to become the owner of the
goods for no additional consideration or nominal additional
consideration upon compliance with the lease agreement.
A transaction does not create a security interest merely
because it provides that:
(a) The present value of the consideration the lessee is
obligated to pay the lessor for the right to possession and use
of the goods is substantially equal to or is greater than the fair
market value of the goods at the time the lease is entered into;
(b) The lessee assumes risk of loss of the goods, or
agrees to pay taxes, insurance, filing, recording, or registration fees, or service or maintenance costs with respect to the
goods;
(c) The lessee has an option to renew the lease or to
become the owner of the goods;
(d) The lessee has an option to renew the lease for a fixed
rent that is equal to or greater than the reasonably predictable
fair market rent for the use of the goods for the term of the
renewal at the time the option is to be performed;
(e) The lessee has an option to become the owner of the
goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time
the option is to be performed; or
(f) The amount of rental payments may or will be
increased or decreased by reference to the amount realized by
the lessor upon sale or disposition of the goods.
For purposes of this subsection (37):
(a) Additional consideration is not nominal if (i) when
the option to renew the lease is granted to the lessee the rent
is stated to be the fair market rent for the use of the goods for
the term of the renewal determined at the time the option is to
be performed, or (ii) when the option to become the owner of
the goods is granted to the lessee the price is stated to be the
(2006 Ed.)
General Provisions
fair market value of the goods determined at the time the
option is to be performed. Additional consideration is nominal if it is less than the lessee’s reasonably predictable cost of
performing under the lease agreement if the option is not
exercised;
(b) "Reasonably predictable" and "remaining economic
life of the goods" are to be determined with reference to the
facts and circumstances at the time the transaction is entered
into; and
(c) "Present value" means the amount as of a date certain
of one or more sums payable in the future, discounted to the
date certain. The discount is determined by the interest rate
specified by the parties if the rate is not manifestly unreasonable at the time the transaction is entered into; otherwise, the
discount is determined by a commercially reasonable rate
that takes into account the facts and circumstances of each
case at the time the transaction was entered into.
(38) "Send" in connection with any writing or notice
means to deposit in the mail or deliver for transmission by
any other usual means of communication with postage or cost
of transmission provided for and properly addressed and in
the case of an instrument to an address specified thereon or
otherwise agreed, or if there be none to any address reasonable under the circumstances. The receipt of any writing or
notice within the time at which it would have arrived if properly sent has the effect of a proper sending.
(39) "Signed" includes any symbol executed or adopted
by a party with present intention to authenticate a writing.
(40) "Surety" includes guarantor.
(41) "Telegram" includes a message transmitted by
radio, teletype, cable, any mechanical method of transmission, or the like.
(42) "Term" means that portion of an agreement which
relates to a particular matter.
(43) "Unauthorized" signature means one made without
actual, implied or apparent authority and includes a forgery.
(44) "Value". Except as otherwise provided with respect
to negotiable instruments and bank collections (RCW 62A.3303, RCW 62A.4-210, and RCW 62A.4-211) a person gives
"value" for rights if he or she acquires them
(a) in return for a binding commitment to extend credit
or for the extension of immediately available credit whether
or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection; or
(b) as security for or in total or partial satisfaction of a
preexisting claim; or
(c) by accepting delivery pursuant to a pre-existing contract for purchase; or
(d) generally, in return for any consideration sufficient to
support a simple contract.
(45) "Warehouse receipt" means a receipt issued by a
person engaged in the business of storing goods for hire.
(46) "Written" or "writing" includes printing, typewriting or any other intentional reduction to tangible form. [2001
c 32 § 9; 2000 c 250 § 9A-802; 1996 c 77 § 1. Prior: 1993 c
230 § 2A-602; 1993 c 229 § 1; 1992 c 134 § 14; 1990 c 228 §
1; 1986 c 35 § 53; 1981 c 41 § 2; 1965 ex.s. c 157 § 1-201.]
Reviser’s note: This table indicates the latest comparable former
Washington sources of the material contained in the various subsections of
RCW 62A.1-201. Complete histories of the former sections are carried in the
Revised Code of Washington Disposition Tables.
(2006 Ed.)
62A.1-201
HEREIN
SUBD.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
COMPARE
FORMER
RCW: (i) 22.04.585(1)
(ii) 62.01.191
(iii) 63.04.755(1)
(iv) 81.32.531(1)
None
None
RCW: (i) 30.52.010
(ii) 62.01.191
RCW 62.01.191
RCW 81.32.0111
None
None
RCW 61.20.010
None
RCW: (i) 63.04.040
(ii) 63.04.720
None
RCW 63.04.755(1)
RCW: (i) 22.04.585(1)
(ii) 62.01.191
(iii) 63.04.755(1)
(iv) 81.32.531(1)
RCW 63.04.755(1)
RCW 63.04.755(1)
RCW: (i) 22.04.585(1)
(ii) 63.04.060
(iii) 63.04.070
(iv) 63.04.755(1)
None
RCW: (i) 22.04.585(2)
(ii) 23.80.220(2)
(iii) 63.04.755(2)
(iv) 81.32.531(2)
RCW: (i) 22.04.585(1)
(ii) 62.01.191
(iii) 81.32.531(1)
None
None
RCW 63.04.755(3)
RCW 62.01.006(5)
RCW 62.01.056
None
None
RCW: (i) 22.04.585(1)
(ii) 23.80.220(1)
(iii) 61.20.010
(iv) 62.01.191
(v) 63.04.755(1)
(vi) 81.32.531(1)
None
RCW: (i) 22.04.585(1)
(ii) 23.80.220(1)
(iii) 61.20.010
(iv) 62.01.191
(v) 63.04.755(1)
(vi) 81.32.531(1)
None
RCW: (i) 22.04.585(1)
[Title 62A RCW—page 5]
62A.1-202
(33)
Title 62A RCW: Uniform Commercial Code
RCW:
(34)
(35)
(36)
(37)
(38)
(39)
(40)
(41)
(42)
(43)
(44)
RCW:
(45)
RCW:
(46)
RCW
RCW
(ii) 23.80.220(1)
(iii) 61.20.010
(iv) 63.04.755(1)
(v) 81.32.531(1)
(i) 22.04.585(1)
(ii) 23.80.220(1)
(iii) 61.20.010
(iv) 63.04.755(1)
(v) 81.32.531(1)
None
None
None
61.20.010
None
None
None
None
None
None
(i) 22.04.585(1)
(ii) 23.80.220(1)
(iii) 61.20.010
(iv) 62.01.025
(v) 62.01.026
(vi) 62.01.027
(vii) 62.01.191
(viii) 63.04.755(1)
(ix) 81.32.531(1)
(i) 22.04.020
(ii) 63.04.755(1)
62.01.191
1
The repeal of RCW sections 81.32.010 through 81.32.561 ". . . shall not
affect the validity of sections 81.29.010 through 81.29.050, chapter 14, Laws
of 1961 (RCW 81.29.010 through 81.29.050)." Section 10-102(a)(xvii),
chapter 157, Laws of 1965 ex. sess.
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Effective date—2000 c 250: See RCW 62A.9A-701.
Effective date—1993 c 230: See RCW 62A.11-110.
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
Short title—Severability—1992 c 134: See RCW 63.19.900 and
63.19.901.
Effective date—1981 c 41: See RCW 62A.11-101.
62A.1-202
62A.1-202 Prima facie evidence by third party documents. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher’s or
inspector’s certificate, consular invoice, or any other document authorized or required by the contract to be issued by a
third party shall be prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by
the third party. [1965 ex.s. c 157 § 1-202.]
Official documents as evidence: RCW 5.40.020, 5.40.030, 5.40.040.
Uniform Business Records as Evidence Act: Chapter 5.45 RCW.
62A.1-203
62A.1-203 Obligation of good faith. Every contract or
duty within this Title imposes an obligation of good faith in
its performance or enforcement. [1965 ex.s. c 157 § 1-203.]
[Title 62A RCW—page 6]
62A.1-204 Time; reasonable time; "seasonably". (1)
Whenever this Title requires any action to be taken within a
reasonable time, any time which is not manifestly unreasonable may be fixed by agreement.
(2) What is a reasonable time for taking any action
depends on the nature, purpose and circumstances of such
action.
(3) An action is taken "seasonably" when it is taken at or
within the time agreed or if no time is agreed at or within a
reasonable time. [1965 ex.s. c 157 § 1-204.]
62A.1-204
62A.1-205 Course of dealing and usage of trade. (1)
A course of dealing is a sequence of previous conduct
between the parties to a particular transaction which is fairly
to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.
(2) A usage of trade is any practice or method of dealing
having such regularity of observance in a place, vocation or
trade as to justify an expectation that it will be observed with
respect to the transaction in question. The existence and
scope of such a usage are to be proved as facts. If it is established that such a usage is embodied in a written trade code or
similar writing the interpretation of the writing is for the
court.
(3) A course of dealing between parties and any usage of
trade in the vocation or trade in which they are engaged or of
which they are or should be aware give particular meaning to
and supplement or qualify terms of an agreement.
(4) The express terms of an agreement and an applicable
course of dealing or usage of trade shall be construed wherever reasonable as consistent with each other; but when such
construction is unreasonable express terms control both
course of dealing and usage of trade and course of dealing
controls usage of trade.
(5) An applicable usage of trade in the place where any
part of performance is to occur shall be used in interpreting
the agreement as to that part of the performance.
(6) Evidence of a relevant usage of trade offered by one
party is not admissible unless and until he has given the other
party such notice as the court finds sufficient to prevent
unfair surprise to the latter. [1965 ex.s. c 157 § 1-205. Cf.
former RCW sections: (i) RCW 63.04.100(1); 1925 ex.s. c
142 § 9; RRS § 5836-9. (ii) RCW 63.04.160(5); 1925 ex.s. c
142 § 15; RRS § 5836-15. (iii) RCW 63.04.190(2); 1925 ex.s.
c 142 § 18; RRS § 5836-18. (iv) RCW 63.04.720; 1925 ex.s.
c 142 § 71; RRS § 5836-71.]
62A.1-205
62A.1-206 Statute of frauds for kinds of personal
property not otherwise covered. (1) Except in the cases
described in subsection (2) of this section a contract for the
sale of personal property is not enforceable by way of action
or defense beyond five thousand dollars in amount or value of
remedy unless there is some writing which indicates that a
contract for sale has been made between the parties at a
defined or stated price, reasonably identifies the subject matter, and is signed by the party against whom enforcement is
sought or by his authorized agent.
(2) Subsection (1) of this section does not apply to contracts for the sale of goods (RCW 62A.2-201) nor of securities (RCW 62A.8-113) nor to security agreements (*RCW
62A.9-203). [1995 c 48 § 55; 1965 ex.s. c 157 § 1-206. Cf.
62A.1-206
(2006 Ed.)
Sales
Article 2
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
Savings—1995 c 48: See RCW 62A.8-601.
62A.2-303
62A.2-304
62A.2-305
62A.2-306
62A.2-307
62A.2-308
62A.2-309
62A.2-310
Effective date—1995 c 48: See RCW 62A.11-113.
Statute of frauds: Chapter 19.36 RCW.
62A.2-311
62A.2-312
former RCW 63.04.050; 1925 ex.s. c 142 § 4; RRS § 5836-4;
prior: Code 1881 § 2326.]
62A.1-207 Performance or acceptance under reservation of rights. (1) A party who, with explicit reservation
of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party
does not thereby prejudice the rights reserved. Such words as
"without prejudice", "under protest" or the like are sufficient.
(2) Subsection (1) of this section shall not apply to an
accord and satisfaction. [1993 c 229 § 2; 1965 ex.s. c 157 §
1-207.]
62A.1-207
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.1-208 Option to accelerate at will. A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional
collateral "at will" or "when he deems himself insecure" or in
words of similar import shall be construed to mean that he
shall have power to do so only if he in good faith believes that
the prospect of payment or performance is impaired. [1965
ex.s. c 157 § 1-208. Cf. former RCW 61.08.080; Code 1881
§ 1998; 1879 p 106 § 13; RRS § 1111.]
62A.1-208
Article 2
Article 2
SALES
Sections
PART 1
SHORT TITLE, GENERAL CONSTRUCTION
AND SUBJECT MATTER
62A.2-101
62A.2-102
62A.2-103
62A.2-104
62A.2-105
62A.2-106
62A.2-107
Short title.
Scope; certain security and other transactions excluded from
this Article.
Definitions and index of definitions.
Definitions: "Merchant"; "between merchants"; "financing
agency".
Definitions: Transferability; "goods"; "future" goods; "lot";
"commercial unit".
Definitions: "Contract"; "agreement"; "contract for sale";
"sale"; "present sale"; "conforming" to contract; "termination"; "cancellation".
Goods to be severed from realty: Recording.
PART 2
FORM, FORMATION AND READJUSTMENT OF CONTRACT
62A.2-201
62A.2-202
62A.2-203
62A.2-204
62A.2-205
62A.2-206
62A.2-207
62A.2-208
62A.2-209
62A.2-210
Formal requirements; statute of frauds.
Final written expression: Parol or extrinsic evidence.
Seals inoperative.
Formation in general.
Firm offers.
Offer and acceptance in formation of contract.
Additional terms in acceptance or confirmation.
Course of performance or practical construction.
Modification, rescission and waiver.
Delegation of performance; assignment of rights.
PART 3
GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
62A.2-301
62A.2-302
(2006 Ed.)
General obligations of parties.
Unconscionable contract or clause.
62A.2-313
62A.2-314
62A.2-315
62A.2-316
62A.2-317
62A.2-318
62A.2-319
62A.2-320
62A.2-321
62A.2-322
62A.2-323
62A.2-324
62A.2-325
62A.2-326
62A.2-327
62A.2-328
Allocation or division of risks.
Price payable in money, goods, realty, or otherwise.
Open price term.
Output, requirements and exclusive dealings.
Delivery in single lot or several lots.
Absence of specified place for delivery.
Absence of specific time provisions; notice of termination.
Open time for payment or running of credit; authority to ship
under reservation.
Options and cooperation respecting performance.
Warranty of title and against infringement; buyer’s obligation
against infringement.
Express warranties by affirmation, promise, description, sample.
Implied warranty: Merchantability; usage of trade.
Implied warranty: Fitness for particular purpose.
Exclusion or modification of warranties.
Cumulation and conflict of warranties express or implied.
Third party beneficiaries of warranties express or implied.
F.O.B. and F.A.S. terms.
C.I.F. and C.&F. terms.
C.I.F. or C.&F.: "Net landed weights"; "payment on arrival";
warranty of condition on arrival.
Delivery "ex-ship".
Form of bill of lading required in overseas shipment; "overseas".
"No arrival, no sale" term.
"Letter of credit" term; "confirmed credit".
Sale on approval and sale or return; rights of creditors.
Special incidents of sale on approval and sale or return.
Sale by auction.
PART 4
TITLE, CREDITORS AND GOOD FAITH PURCHASERS
62A.2-401
62A.2-402
62A.2-403
Passing of title; reservation for security; limited application of
this section.
Rights of seller’s creditors against sold goods.
Power to transfer; good faith purchase of goods; "entrusting".
PART 5
PERFORMANCE
62A.2-501
62A.2-502
62A.2-503
62A.2-504
62A.2-505
62A.2-506
62A.2-507
62A.2-508
62A.2-509
62A.2-510
62A.2-511
62A.2-512
62A.2-513
62A.2-514
62A.2-515
Insurable interest in goods; manner of identification of goods.
Buyer’s right to goods on seller’s insolvency.
Manner of seller’s tender of delivery.
Shipment by seller.
Seller’s shipment under reservation.
Rights of financing agency.
Effect of seller’s tender; delivery on condition.
Cure by seller of improper tender or delivery; replacement.
Risk of loss in the absence of breach.
Effect of breach on risk of loss.
Tender of payment by buyer; payment by check.
Payment by buyer before inspection.
Buyer’s right to inspection of goods.
When documents deliverable on acceptance; when on payment.
Preserving evidence of goods in dispute.
PART 6
BREACH, REPUDIATION AND EXCUSE
62A.2-601
62A.2-602
62A.2-603
62A.2-604
62A.2-605
62A.2-606
62A.2-607
62A.2-608
62A.2-609
62A.2-610
62A.2-611
62A.2-612
62A.2-613
62A.2-614
62A.2-615
62A.2-616
Buyer’s rights on improper delivery.
Manner and effect of rightful rejection.
Merchant buyer’s duties as to rightfully rejected goods.
Buyer’s options as to salvage of rightfully rejected goods.
Waiver of buyer’s objections by failure to particularize.
What constitutes acceptance of goods.
Effect of acceptance; notice of breach; burden of establishing
breach after acceptance; notice of claim or litigation to person answerable over.
Revocation of acceptance in whole or in part.
Right to adequate assurance of performance.
Anticipatory repudiation.
Retraction of anticipatory repudiation.
"Installment contract"; breach.
Casualty to identified goods.
Substituted performance.
Excuse by failure of presupposed conditions.
Procedure on notice claiming excuse.
PART 7
REMEDIES
62A.2-701
Remedies for breach of collateral contracts not impaired.
[Title 62A RCW—page 7]
62A.2-101
62A.2-702
62A.2-703
62A.2-704
62A.2-705
62A.2-706
62A.2-707
62A.2-708
62A.2-709
62A.2-710
62A.2-711
62A.2-712
62A.2-713
62A.2-714
62A.2-715
62A.2-716
62A.2-717
62A.2-718
62A.2-719
62A.2-720
62A.2-721
62A.2-722
62A.2-723
62A.2-724
62A.2-725
Title 62A RCW: Uniform Commercial Code
Seller’s remedies on discovery of buyer’s insolvency.
Seller’s remedies in general.
Seller’s right to identify goods to the contract notwithstanding
breach or to salvage unfinished goods.
Seller’s stoppage of delivery in transit or otherwise.
Seller’s resale including contract for resale.
"Person in the position of a seller".
Seller’s damages for non-acceptance or repudiation.
Action for the price.
Seller’s incidental damages.
Buyer’s remedies in general; buyer’s security interest in
rejected goods.
"Cover"; buyer’s procurement of substitute goods.
Buyer’s damages for non-delivery or repudiation.
Buyer’s damages for breach in regard to accepted goods.
Buyer’s incidental and consequential damages.
Buyer’s right to specific performance or replevin.
Deduction of damages from the price.
Liquidation or limitation of damages; deposits.
Contractual modification or limitation of remedy.
Effect of "cancellation" or "rescission" on claims for antecedent breach.
Remedies for fraud.
Who can sue third parties for injury to goods.
Proof of market price: Time and place.
Admissibility of market quotations.
Statute of limitations in contracts for sale.
PART 1
SHORT TITLE, GENERAL CONSTRUCTION
AND SUBJECT MATTER
62A.2-101
62A.2-101 Short title. This Article shall be known and
may be cited as Uniform Commercial Code—Sales. [1965
ex.s. c 157 § 2-101.]
62A.2-102 Scope; certain security and other transactions excluded from this Article. Unless the context otherwise requires, this Article applies to transactions in goods; it
does not apply to any transaction which although in the form
of an unconditional contract to sell or present sale is intended
to operate only as a security transaction nor does this Article
impair or repeal any statute regulating sales to consumers,
farmers or other specified classes of buyers. [1965 ex.s. c
157 § 2-102. Cf. former RCW 63.04.750; 1925 ex.s. c 142 §
75; RRS § 5836-75.]
62A.2-102
62A.2-103 Definitions and index of definitions. (1) In
this Article unless the context otherwise requires
(a) "Buyer" means a person who buys or contracts to buy
goods.
(b) "Good faith" in the case of a merchant means honesty
in fact and the observance of reasonable commercial standards of fair dealing in the trade.
(c) "Receipt" of goods means taking physical possession
of them.
(d) "Seller" means a person who sells or contracts to sell
goods.
(2) Other definitions applying to this Article or to specified Parts thereof, and the sections in which they appear are:
"Acceptance."
RCW 62A.2-606.
"Banker’s credit."
RCW 62A.2-325.
"Between merchants."
RCW 62A.2-104.
"Cancellation."
RCW 62A.2-106(4).
"Commercial unit."
RCW 62A.2-105.
"Confirmed credit."
RCW 62A.2-325.
"Conforming to contract."
RCW 62A.2-106.
"Contract for sale."
RCW 62A.2-106.
62A.2-103
[Title 62A RCW—page 8]
"Cover."
RCW 62A.2-712.
"Entrusting."
RCW 62A.2-403.
"Financing agency."
RCW 62A.2-104.
"Future goods."
RCW 62A.2-105.
"Goods."
RCW 62A.2-105.
"Identification."
RCW 62A.2-501.
"Installment contract."
RCW 62A.2-612.
"Letter of credit."
RCW 62A.2-325.
"Lot."
RCW 62A.2-105.
"Merchant."
RCW 62A.2-104.
"Overseas."
RCW 62A.2-323.
"Person in position of seller." RCW 62A.2-707.
"Present sale."
RCW 62A.2-106.
"Sale."
RCW 62A.2-106.
"Sale on approval."
RCW 62A.2-326.
"Sale or return."
RCW 62A.2-326.
"Termination."
RCW 62A.2-106.
(3) The following definitions in other Articles apply to
this Article:
"Check."
RCW 62A.3-104.
"Consignee."
RCW 62A.7-102.
"Consignor."
RCW 62A.7-102.
"Consumer goods."
RCW 62A.9A-102.
"Dishonor."
RCW 62A.3-502.
"Draft."
RCW 62A.3-104.
(4) In addition Article 1 contains general definitions and
principles of construction and interpretation applicable
throughout this Article. [2000 c 250 § 9A-803; 1965 ex.s. c
157 § 2-103. Cf. former RCW 63.04.755(1); 1925 ex.s. c 142
§ 76; RRS § 5836-76; formerly RCW 63.04.010.]
Effective date—2000 c 250: See RCW 62A.9A-701.
62A.2-104
62A.2-104 Definitions: "Merchant"; "between merchants"; "financing agency". (1) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to
whom such knowledge or skill may be attributed by his
employment of an agent or broker or other intermediary who
by his occupation holds himself out as having such knowledge or skill.
(2) "Financing agency" means a bank, finance company
or other person who in the ordinary course of business makes
advances against goods or documents of title or who by
arrangement with either the seller or the buyer intervenes in
ordinary course to make or collect payment due or claimed
under the contract for sale, as by purchasing or paying the
seller’s draft or making advances against it or by merely taking it for collection whether or not documents of title accompany the draft. "Financing agency" includes also a bank or
other person who similarly intervenes between persons who
are in the position of seller and buyer in respect to the goods
(RCW 62A.2-707).
(3) "Between merchants" means in any transaction with
respect to which both parties are chargeable with the knowledge or skill of merchants. [1965 ex.s. c 157 § 2-104. Cf.
former RCW sections: (i) RCW 63.04.160(2), (5); 1925 ex.s.
c 142 § 15; RRS § 5836-15. (ii) RCW 63.04.170(c); 1925
ex.s. c 142 § 16; RRS § 5836-16. (iii) RCW 63.04.460(2);
1925 ex.s. c 142 § 45; RRS § 5836-45. (iv) RCW 63.04.720;
(2006 Ed.)
Sales
1925 ex.s. c 142 § 71; RRS § 5836-71. (v) RCW 81.32.351;
1961 c 14 § 81.32.351; prior: 1915 c 159 § 35; RRS § 3681;
formerly RCW 81.32.440. (vi) RCW 81.32.371; 1961 c 14 §
81.32.371; prior: 1915 c 159 § 37; RRS § 3683; formerly
RCW 81.32.460.]
62A.2-105
62A.2-105 Definitions: Transferability; "goods";
"future" goods; "lot"; "commercial unit". (1) "Goods"
means all things (including specially manufactured goods)
which are movable at the time of identification to the contract
for sale other than the money in which the price is to be paid,
investment securities (Article 8) and things in action.
"Goods" also includes the unborn young of animals and
growing crops and other identified things attached to realty as
described in the section on goods to be severed from realty
(RCW 62A.2-107).
(2) Goods must be both existing and identified before
any interest in them can pass. Goods which are not both existing and identified are "future" goods. A purported present
sale of future goods or of any interest therein operates as a
contract to sell.
(3) There may be a sale of a part interest in existing identified goods.
(4) An undivided share in an identified bulk of fungible
goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of
such a bulk or any quantity thereof agreed upon by number,
weight or other measure may to the extent of the seller’s
interest in the bulk be sold to the buyer who then becomes an
owner in common.
(5) "Lot" means a parcel or a single article which is the
subject matter of a separate sale or delivery, whether or not it
is sufficient to perform the contract.
(6) "Commercial unit" means such a unit of goods as by
commercial usage is a single whole for purposes of sale and
division of which materially impairs its character or value on
the market or in use. A commercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or
an assortment of sizes) or a quantity (as a bale, gross, or carload) or any other unit treated in use or in the relevant market
as a single whole. [1965 ex.s. c 157 § 2-105. Subds. (1), (2),
(3), (4), cf. former RCW sections: (i) RCW 63.04.060; 1925
ex.s. c 142 § 5; RRS § 5836-5. (ii) RCW 63.04.070; 1925
ex.s. c 142 § 6; RRS § 5836-6. (iii) RCW 63.04.755; 1925
ex.s. c 142 § 76; RRS § 5836-76; formerly RCW 63.04.010.]
62A.2-106
62A.2-106 Definitions: "Contract"; "agreement";
"contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation". (1) In
this Article unless the context otherwise requires "contract"
and "agreement" are limited to those relating to the present or
future sale of goods. "Contract for sale" includes both a
present sale of goods and a contract to sell goods at a future
time. A "sale" consists in the passing of title from the seller to
the buyer for a price (RCW 62A.2-401). A "present sale"
means a sale which is accomplished by the making of the
contract.
(2) Goods or conduct including any part of a performance are "conforming" or conform to the contract when
(2006 Ed.)
62A.2-201
they are in accordance with the obligations under the contract.
(3) "Termination" occurs when either party pursuant to a
power created by agreement or law puts an end to the contract
otherwise than for its breach. On "termination" all obligations
which are still executory on both sides are discharged but any
right based on prior breach or performance survives.
(4) "Cancellation" occurs when either party puts an end
to the contract for breach by the other and its effect is the
same as that of "termination" except that the cancelling party
also retains any remedy for breach of the whole contract or
any unperformed balance. [1965 ex.s. c 157 § 2-106. Subd.
(1) cf. former RCW 63.04.020; 1925 ex.s. c 142 § 1; RRS §
5836-1. Subd. (2) cf. former RCW sections: (i) RCW
63.04.120; 1925 ex.s. c 142 § 11; RRS § 5836-11. (ii) RCW
63.04.450; 1925 ex.s. c 142 § 44; RRS § 5836-44. (iii) RCW
63.04.700; 1925 ex.s. c 142 § 69; RRS § 5836-69.]
62A.2-107
62A.2-107 Goods to be severed from realty: Recording. (1) A contract for the sale of minerals or the like including oil and gas or a structure or its materials to be removed
from realty is a contract for the sale of goods within this Article if they are to be severed by the seller but until severance a
purported present sale thereof which is not effective as a
transfer of an interest in land is effective only as a contract to
sell.
(2) A contract for the sale apart from the land of growing
crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection (1) or of timber to be cut is a contract for the sale of
goods within this Article whether the subject matter is to be
severed by the buyer or by the seller even though it forms part
of the realty at the time of contracting, and the parties can by
identification effect a present sale before severance.
(3) The provisions of this section are subject to any third
party rights provided by the law relating to realty records, and
the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute
notice to third parties of the buyer’s rights under the contract
for sale. [1981 c 41 § 3; 1965 ex.s. c 157 § 2-107. Cf. former
RCW sections: (i) RCW 63.04.755(1); 1925 ex.s. c 142 § 76;
RRS § 5836-76; formerly RCW 63.04.010. (ii) RCW
65.08.040; Code 1881 § 2327; 1863 p 413 § 4; 1854 p 404 §
4; RRS § 5827.]
Effective date—1981 c 41: See RCW 62A.11-101.
PART 2
FORM, FORMATION AND READJUSTMENT
OF CONTRACT
62A.2-201
62A.2-201 Formal requirements; statute of frauds.
(1) Except as otherwise provided in this section a contract for
the sale of goods for the price of five hundred dollars or more
is not enforceable by way of action or defense unless there is
some writing sufficient to indicate that a contract for sale has
been made between the parties and signed by the party
against whom enforcement is sought or by his authorized
agent or broker. A writing is not insufficient because it omits
or incorrectly states a term agreed upon but the contract is not
[Title 62A RCW—page 9]
62A.2-202
Title 62A RCW: Uniform Commercial Code
enforceable under this paragraph beyond the quantity of
goods shown in such writing.
(2) Between merchants if within a reasonable time a
writing in confirmation of the contract and sufficient against
the sender is received and the party receiving it has reason to
know its contents, it satisfies the requirements of subsection
(1) against such party unless written notice of objection to its
contents is given within ten days after it is received.
(3) A contract which does not satisfy the requirements of
subsection (1) but which is valid in other respects is enforceable
(a) if the goods are to be specially manufactured for the
buyer and are not suitable for sale to others in the ordinary
course of the seller’s business and the seller, before notice of
repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made
either a substantial beginning of their manufacture or commitments for their procurement; or
(b) if the party against whom enforcement is sought
admits in his pleading, testimony or otherwise in court that a
contract for sale was made, but the contract is not enforceable
under this provision beyond the quantity of goods admitted;
or
(c) with respect to goods for which payment has been
made and accepted or which have been received and accepted
(RCW 62A.2-606). [1965 ex.s c 157 § 2-201. Cf. former
RCW 63.04.050; 1925 ex.s. c 142 § 4; RRS § 5836-4; prior:
Code 1881 § 2326.]
Statute of frauds: RCW 19.36.010.
62A.2-202
62A.2-202 Final written expression: Parol or extrinsic evidence. Terms with respect to which the confirmatory
memoranda of the parties agree or which are otherwise set
forth in a writing intended by the parties as a final expression
of their agreement with respect to such terms as are included
therein may not be contradicted by evidence of any prior
agreement or of a contemporaneous oral agreement but may
be explained or supplemented
(a) by course of dealing or usage of trade (RCW 62A.1205) or by course of performance (RCW 62A.2-208); and
(b) by evidence of consistent additional terms unless the
court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.
[1965 ex.s. c 157 § 2-202.]
62A.2-203
62A.2-203 Seals inoperative. The affixing of a seal to
a writing evidencing a contract for sale or an offer to buy or
sell goods does not constitute the writing a sealed instrument
and the law with respect to sealed instruments does not apply
to such contract or offer. [1965 ex.s. c 157 § 2-203. Cf.
former RCW 63.04.040; 1925 ex.s. c 142 § 3; RRS § 5836-3.]
Corporate seals—Effect of absence from instrument: RCW 64.04.105.
62A.2-204
62A.2-204 Formation in general. (1) A contract for
sale of goods may be made in any manner sufficient to show
agreement, including conduct by both parties which recognizes the existence of such a contract.
(2) An agreement sufficient to constitute a contract for
sale may be found even though the moment of its making is
undetermined.
[Title 62A RCW—page 10]
(3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have
intended to make a contract and there is a reasonably certain
basis for giving an appropriate remedy. [1965 ex.s. c 157 §
2-204. Cf. former RCW sections: (i) RCW 63.04.020; 1925
ex.s. c 142 § 1; RRS § 5836-1. (ii) RCW 63.04.040; 1925
ex.s. c 142 § 3; RRS § 5836-3.]
62A.2-205
62A.2-205 Firm offers. An offer by a merchant to buy
or sell goods in a signed writing which by its terms gives
assurance that it will be held open is not revocable, for lack of
consideration, during the time stated or if no time is stated for
a reasonable time, but in no event may such period of irrevocability exceed three months; but any such term of assurance
on a form supplied by the offeree must be separately signed
by the offeror. [1965 ex.s. c 157 § 2-205. Cf. former RCW
sections: (i) RCW 63.04.020; 1925 ex.s. c 142 § 1; RRS §
5836-1. (ii) RCW 63.04.040; 1925 ex.s. c 142 § 3; RRS §
5836-3.]
62A.2-206
62A.2-206 Offer and acceptance in formation of contract. (1) Unless otherwise unambiguously indicated by the
language or circumstances
(a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable
in the circumstances;
(b) an order or other offer to buy goods for prompt or
current shipment shall be construed as inviting acceptance
either by a prompt promise to ship or by the prompt or current
shipment of conforming or non-conforming goods, but such a
shipment of non-conforming goods does not constitute an
acceptance if the seller seasonably notifies the buyer that the
shipment is offered only as an accommodation to the buyer.
(2) Where the beginning of a requested performance is a
reasonable mode of acceptance an offeror who is not notified
of acceptance within a reasonable time may treat the offer as
having lapsed before acceptance. [1965 ex.s. c 157 § 2-206.
Cf. former RCW sections: (i) RCW 63.04.020; 1925 ex.s. c
142 § 1; RRS § 5836-1. (ii) RCW 63.04.040; 1925 ex.s. c 142
§ 3; RRS § 5836-3.]
62A.2-207
62A.2-207 Additional terms in acceptance or confirmation. (1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states
terms additional to or different from those offered or agreed
upon, unless acceptance is expressly made conditional on
assent to the additional or different terms.
(2) The additional terms are to be construed as proposals
for addition to the contract. Between merchants such terms
become part of the contract unless:
(a) the offer expressly limits acceptance to the terms of
the offer;
(b) they materially alter it; or
(c) notification of objection to them has already been
given or is given within a reasonable time after notice of them
is received.
(3) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale
although the writings of the parties do not otherwise establish
(2006 Ed.)
Sales
a contract. In such case the terms of the particular contract
consist of those terms on which the writings of the parties
agree, together with any supplementary terms incorporated
under any other provisions of this Title. [1965 ex.s. c 157 §
2-207. Cf. former RCW sections: (i) RCW 63.04.020; 1925
ex.s. c 142 § 1; RRS § 5836-1. (ii) RCW 63.04.040; 1925
ex.s. c 142 § 3; RRS § 5836-3.]
62A.2-208
62A.2-208 Course of performance or practical construction. (1) Where the contract for sale involves repeated
occasions for performance by either party with knowledge of
the nature of the performance and opportunity for objection
to it by the other, any course of performance accepted or
acquiesced in without objection shall be relevant to determine the meaning of the agreement.
(2) The express terms of the agreement and any such
course of performance, as well as any course of dealing and
usage of trade, shall be construed whenever reasonable as
consistent with each other; but when such construction is
unreasonable, express terms shall control course of performance and course of performance shall control both course of
dealing and usage of trade (RCW 62A.1-205).
(3) Subject to the provisions of the next section on modification and waiver, such course of performance shall be relevant to show a waiver or modification of any term inconsistent with such course of performance. [1965 ex.s. c 157 § 2208.]
62A.2-209
62A.2-209 Modification, rescission and waiver. (1)
An agreement modifying a contract within this Article needs
no consideration to be binding.
(2) A signed agreement which excludes modification or
rescission except by a signed writing cannot be otherwise
modified or rescinded, but except as between merchants such
a requirement on a form supplied by the merchant must be
separately signed by the other party.
(3) The requirements of the statute of frauds section of
this Article (RCW 62A.2-201) must be satisfied if the contract as modified is within its provisions.
(4) Although an attempt at modification or rescission
does not satisfy the requirements of subsection (2) or (3) it
can operate as a waiver.
(5) A party who has made a waiver affecting an executory portion of the contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position
in reliance on the waiver. [1965 ex.s. c 157 § 2-209.]
62A.2-210
62A.2-210 Delegation of performance; assignment of
rights. (1) A party may perform his duty through a delegate
unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or
control the acts required by the contract. No delegation of
performance relieves the party delegating of any duty to perform or any liability for breach.
(2) Except as otherwise provided in RCW 62A.9A-406,
unless otherwise agreed, all rights of either seller or buyer
can be assigned except where the assignment would materially change the duty of the other party, or increase materially
(2006 Ed.)
62A.2-302
the burden or risk imposed on him by his contract, or impair
materially his chance of obtaining return performance. A
right to damages for breach of the whole contract or a right
arising out of the assignor’s due performance of his entire
obligation can be assigned despite agreement otherwise.
(3) The creation, attachment, perfection, or enforcement
of a security interest in the seller’s interest under a contract is
not a transfer that materially changes the duty of or increases
materially the burden or risk imposed on the buyer or impairs
materially the buyer’s chance of obtaining return performance within the purview of subsection (2) of this section
unless, and then only to the extent that, enforcement actually
results in a delegation of material performance of the seller.
Even in that event, the creation, attachment, perfection, and
enforcement of the security interest remain effective, but (i)
the seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably
be prevented by the buyer, and (ii) a court having jurisdiction
may grant other appropriate relief, including cancellation of
the contract for sale or an injunction against enforcement of
the security interest or consummation of the enforcement.
(4) Unless the circumstances indicate the contrary a prohibition of assignment of "the contract" is to be construed as
barring only the delegation to the assignee of the assignor’s
performance.
(5) An assignment of "the contract" or of "all my rights
under the contract" or an assignment in similar general terms
is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the
contrary, it is a delegation of performance of the duties of the
assignor and its acceptance by the assignee constitutes a
promise by him to perform those duties. This promise is
enforceable by either the assignor or the other party to the
original contract.
(6) The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to his rights against the
assignor demand assurances from the assignee (RCW 62A.2609).
(7) Notwithstanding subsections (2) and (3) of this section, an assignment that would be a breach but for the provisions of RCW 62A.9A-406 may create reasonable grounds
for insecurity with respect to the due performance of the
assignor (RCW 62A.2-609). [2000 c 250 § 9A-804; 1965
ex.s. c 157 § 2-210.]
Effective date—2000 c 250: See RCW 62A.9A-701.
PART 3
GENERAL OBLIGATION AND CONSTRUCTION
OF CONTRACT
62A.2-301
62A.2-301 General obligations of parties. The obligation of the seller is to transfer and deliver and that of the
buyer is to accept and pay in accordance with the contract.
[1965 ex.s. c 157 § 2-301. Cf. former RCW sections: (i)
RCW 63.04.120; 1925 ex.s. c 142 § 11; RRS § 5836-11. (ii)
RCW 63.04.420; 1925 ex.s. c 142 § 41; RRS § 5836-41.]
62A.2-302
62A.2-302 Unconscionable contract or clause. (1) If
the court as a matter of law finds the contract or any clause of
[Title 62A RCW—page 11]
62A.2-303
Title 62A RCW: Uniform Commercial Code
the contract to have been unconscionable at the time it was
made the court may refuse to enforce the contract, or it may
enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(2) When it is claimed or appears to the court that the
contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid
the court in making the determination. [1965 ex.s. c 157 § 2302.]
actual output or requirements as may occur in good faith,
except that no quantity unreasonably disproportionate to any
stated estimate or in the absence of a stated estimate to any
normal or otherwise comparable prior output or requirements
may be tendered or demanded.
(2) A lawful agreement by either the seller or the buyer
for exclusive dealing in the kind of goods concerned imposes
unless otherwise agreed an obligation by the seller to use best
efforts to supply the goods and by the buyer to use best efforts
to promote their sale. [1965 ex.s. c 157 § 2-306.]
62A.2-307
62A.2-303
62A.2-303 Allocation or division of risks. Where this
Article allocates a risk or a burden as between the parties
"unless otherwise agreed", the agreement may not only shift
the allocation but may also divide the risk or burden. [1965
ex.s. c 157 § 2-303.]
62A.2-304
62A.2-304 Price payable in money, goods, realty, or
otherwise. (1) The price can be made payable in money or
otherwise. If it is payable in whole or in part in goods each
party is a seller of the goods which he is to transfer.
(2) Even though all or part of the price is payable in an
interest in realty the transfer of the goods and the seller’s
obligations with reference to them are subject to this Article,
but not the transfer of the interest in realty or the transferor’s
obligations in connection therewith. [1965 ex.s. c 157 § 2304. Cf. former RCW 63.04.100(2), (3); 1925 ex.s. c 142 § 9;
RRS § 5836-9.]
62A.2-305
62A.2-305 Open price term. (1) The parties if they so
intend can conclude a contract for sale even though the price
is not settled. In such a case the price is a reasonable price at
the time for delivery if
(a) nothing is said as to price; or
(b) the price is left to be agreed by the parties and they
fail to agree; or
(c) the price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or
agency and it is not so set or recorded.
(2) A price to be fixed by the seller or by the buyer means
a price for him to fix in good faith.
(3) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party
the other may at his option treat the contract as cancelled or
himself fix a reasonable price.
(4) Where, however, the parties intend not to be bound
unless the price be fixed or agreed and it is not fixed or agreed
there is no contract. In such a case the buyer must return any
goods already received or if unable so to do must pay their
reasonable value at the time of delivery and the seller must
return any portion of the price paid on account. [1965 ex.s. c
157 § 2-305. Cf. former RCW sections: (i) RCW 63.04.100;
1925 ex.s. c 142 § 9; RRS § 5836-9. (ii) RCW 63.04.110;
1925 ex.s. c 142 § 10; RRS § 5836-10. Subd. (3) cf. former
RCW 63.04.120(2); 1925 ex.s. c 142 § 11; RRS § 5836-11.]
62A.2-306
62A.2-306 Output, requirements and exclusive dealings. (1) A term which measures the quantity by the output
of the seller or the requirements of the buyer means such
[Title 62A RCW—page 12]
62A.2-307 Delivery in single lot or several lots.
Unless otherwise agreed all goods called for by a contract for
sale must be tendered in a single delivery and payment is due
only on such tender but where the circumstances give either
party the right to make or demand delivery in lots the price if
it can be apportioned may be demanded for each lot. [1965
ex.s. c 157 § 2-307. Cf. former RCW 63.04.460(1); 1925
ex.s. c 142 § 45; RRS § 5836-45.]
62A.2-308
62A.2-308 Absence of specified place for delivery.
Unless otherwise agreed
(a) the place for delivery of goods is the seller’s place of
business or if he has none his residence; but
(b) in a contract for sale of identified goods which to the
knowledge of the parties at the time of contracting are in
some other place, that place is the place for their delivery; and
(c) documents of title may be delivered through customary banking channels. [1965 ex.s. c 157 § 2-308. Subd. (a),
(b) cf. former RCW 63.04.440(1); 1925 ex.s. c 142 § 43; RRS
§ 5836-43.]
62A.2-309
62A.2-309 Absence of specific time provisions; notice
of termination. (1) The time for shipment or delivery or any
other action under a contract if not provided in this Article or
agreed upon shall be a reasonable time.
(2) Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable
time but unless otherwise agreed may be terminated at any
time by either party.
(3) Termination of a contract by one party except on the
happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be
unconscionable. [1965 ex.s. c 157 § 2-309. Cf. former RCW
sections: (i) RCW 63.04.440(2); 1925 ex.s. c 142 § 43; RRS
§ 5836-43. (ii) RCW 63.04.460(2); 1925 ex.s. c 142 § 45;
RRS § 5836-45. (iii) RCW 63.04.480(1); 1925 ex.s. c 142 §
47; RRS § 5836-47. (iv) RCW 63.04.490; 1925 ex.s. c 142 §
48; RRS § 5836-48.]
62A.2-310
62A.2-310 Open time for payment or running of
credit; authority to ship under reservation. Unless otherwise agreed
(a) payment is due at the time and place at which the
buyer is to receive the goods even though the place of shipment is the place of delivery; and
(b) if the seller is authorized to send the goods he may
ship them under reservation, and may tender the documents
of title, but the buyer may inspect the goods after their arrival
(2006 Ed.)
Sales
before payment is due unless such inspection is inconsistent
with the terms of the contract (RCW 62A.2-513); and
(c) if delivery is authorized and made by way of documents of title otherwise than by subsection (b) then payment
is due at the time and place at which the buyer is to receive
the documents regardless of where the goods are to be
received; and
(d) where the seller is required or authorized to ship the
goods on credit the credit period runs from the time of shipment but post-dating the invoice or delaying its dispatch will
correspondingly delay the starting of the credit period. [1965
ex.s. c 157 § 2-310. Cf. former RCW sections: (i) RCW
63.04.430; 1925 ex.s. c 142 § 42; RRS § 5836-42. (ii) RCW
63.04.470(1); 1925 ex.s. c 142 § 46; RRS § 5836-46. (iii)
RCW 63.04.480(2); 1925 ex.s. c 142 § 47; RRS § 5836-47.]
62A.2-311
62A.2-311 Options and cooperation respecting performance. (1) An agreement for sale which is otherwise sufficiently definite (subsection (3) of RCW 62A.2-204) to be a
contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any
such specification must be made in good faith and within limits set by commercial reasonableness.
(2) Unless otherwise agreed specifications relating to
assortment of the goods are at the buyer’s option and except
as otherwise provided in subsections (1)(c) and (3) of RCW
62A.2-319 specifications or arrangements relating to shipment are at the seller’s option.
(3) Where such specification would materially affect the
other party’s performance but is not seasonably made or
where one party’s cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the
other party in addition to all other remedies
(a) is excused for any resulting delay in his own performance; and
(b) may also either proceed to perform in any reasonable
manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach
by failure to deliver or accept the goods. [1965 ex.s. c 157 §
2-311.]
62A.2-312
62A.2-312 Warranty of title and against infringement; buyer’s obligation against infringement. (1) Subject to subsection (2) there is in a contract for sale a warranty
by the seller that
(a) the title conveyed shall be good, and its transfer rightful; and
(b) the goods shall be delivered free from any security
interest or other lien or encumbrance of which the buyer at
the time of contracting has no knowledge.
(2) A warranty under subsection (1) will be excluded or
modified only by specific language or by circumstances
which give the buyer reason to know that the person selling
does not claim title in himself or that he is purporting to sell
only such right or title as he or a third person may have.
(3) Unless otherwise agreed a seller who is a merchant
regularly dealing in goods of the kind warrants that the goods
shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harm(2006 Ed.)
62A.2-315
less against any such claim which arises out of compliance
with the specifications. [1965 ex.s. c 157 § 2-312. Cf. former
RCW 63.04.140; 1925 ex.s. c 142 § 13; RRS § 5836-13.]
62A.2-313
62A.2-313 Express warranties by affirmation, promise, description, sample. (1) Express warranties by the seller
are created as follows:
(a) Any affirmation of fact or promise made by the seller
to the buyer which relates to the goods and becomes part of
the basis of the bargain creates an express warranty that the
goods shall conform to the affirmation or promise.
(b) Any description of the goods which is made part of
the basis of the bargain creates an express warranty that the
goods shall conform to the description.
(c) Any sample or model which is made part of the basis
of the bargain creates an express warranty that the whole of
the goods shall conform to the sample or model.
(2) It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or
"guarantee" or that he have a specific intention to make a
warranty, but an affirmation merely of the value of the goods
or a statement purporting to be merely the seller’s opinion or
commendation of the goods does not create a warranty.
[1965 ex.s. c 157 § 2-313. Cf. former RCW sections: (i)
RCW 63.04.130; 1925 ex.s. c 142 § 12; RRS § 5836-12. (ii)
RCW 63.04.150; 1925 ex.s. c 142 § 14; RRS § 5836-14. (iii)
RCW 63.04.170; 1925 ex.s. c 142 § 16; RRS § 5836-16.]
Motor vehicle express warranties: Chapter 19.118 RCW.
62A.2-314
62A.2-314 Implied warranty: Merchantability;
usage of trade. (1) Unless excluded or modified (RCW
62A.2-316), a warranty that the goods shall be merchantable
is implied in a contract for their sale if the seller is a merchant
with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the
premises or elsewhere is a sale.
(2) Goods to be merchantable must be at least such as
(a) pass without objection in the trade under the contract
description; and
(b) in the case of fungible goods, are of fair average quality within the description; and
(c) are fit for the ordinary purposes for which such goods
are used; and
(d) run, within the variations permitted by the agreement,
of even kind, quality and quantity within each unit and
among all units involved; and
(e) are adequately contained, packaged, and labeled as
the agreement may require; and
(f) conform to the promises or affirmations of fact made
on the container or label if any.
(3) Unless excluded or modified (RCW 62A.2-316)
other implied warranties may arise from course of dealing or
usage of trade. [1965 ex.s. c 157 § 2-314. Cf. former RCW
63.04.160(2); 1925 ex.s. c 142 § 15; RRS § 5836-15.]
62A.2-315
62A.2-315 Implied warranty: Fitness for particular
purpose. Where the seller at the time of contracting has reason to know any particular purpose for which the goods are
required and that the buyer is relying on the seller’s skill or
judgment to select or furnish suitable goods, there is unless
[Title 62A RCW—page 13]
62A.2-316
Title 62A RCW: Uniform Commercial Code
excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose. [1965 ex.s.
c 157 § 2-315. Cf. former RCW 63.04.160(1), (4), (5); 1925
ex.s. c 142 § 15; RRS § 5836-15.]
62A.2-316 Exclusion or modification of warranties.
(1) Words or conduct relevant to the creation of an express
warranty and words or conduct tending to negate or limit
warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this Article on parol or extrinsic evidence (RCW 62A.2-202) negation
or limitation is inoperative to the extent that such construction is unreasonable.
(2) Subject to subsection (3), to exclude or modify the
implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing
must be conspicuous, and to exclude or modify any implied
warranty of fitness the exclusion must be by a writing and
conspicuous. Language to exclude all implied warranties of
fitness is sufficient if it states, for example, that "There are no
warranties which extend beyond the description on the face
hereof."
(3) Notwithstanding subsection (2)
(a) unless the circumstances indicate otherwise, all
implied warranties are excluded by expressions like "as is",
"with all faults" or other language which in common understanding calls the buyer’s attention to the exclusion of warranties and makes plain that there is no implied warranty; and
(b) when the buyer before entering into the contract has
examined the goods or the sample or model as fully as he
desired or has refused to examine the goods there is no
implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him;
(c) an implied warranty can also be excluded or modified
by course of dealing or course of performance or usage of
trade; and
(d) in sales of livestock, including but not limited to,
horses, mules, cattle, sheep, swine, goats, poultry, and rabbits, there are no implied warranties as defined in this article
that the livestock are free from sickness or disease: PROVIDED, That the seller has complied with all state and federal laws and regulations that apply to animal health and disease, and the seller is not guilty of fraud, deceit or misrepresentation.
(4) Notwithstanding the provisions of subsections (2)
and (3) of this section and the provisions of RCW 62A.2-719,
as now or hereafter amended, in any case where goods are
purchased primarily for personal, family or household use
and not for commercial or business use, disclaimers of the
warranty of merchantability or fitness for particular purpose
shall not be effective to limit the liability of merchant sellers
except insofar as the disclaimer sets forth with particularity
the qualities and characteristics which are not being warranted. Remedies for breach of warranty can be limited in
accordance with the provisions of this Article on liquidation
or limitation of damages and on contractual modification of
remedy (RCW 62A.2-718 and RCW 62A.2-719). [1982 c
199 § 1; 1974 ex.s. c 180 § 1; 1974 ex.s. c 78 § 1; 1965 ex.s.
c 157 § 2-316. Subd. (3)(b) cf. former RCW 63.04.160(3);
1925 ex.s. c 142 § 15; RRS § 5836-15. Subd. (3)(c) cf. former
RCW 63.04.720; 1925 ex.s. c 142 § 71; RRS § 5836-71.]
62A.2-316
[Title 62A RCW—page 14]
Lease or rental of personal property—Disclaimer of warranty of merchantability or fitness: RCW 63.18.010.
62A.2-317
62A.2-317 Cumulation and conflict of warranties
express or implied. Warranties whether express or implied
shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention
of the parties shall determine which warranty is dominant. In
ascertaining that intention the following rules apply:
(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.
(b) A sample from an existing bulk displaces inconsistent general language of description.
(c) Express warranties displace inconsistent implied
warranties other than an implied warranty of fitness for a particular purpose. [1965 ex.s. c 157 § 2-317. Cf. former RCW
sections: RCW 63.04.150 through 63.04.170; 1925 ex.s. c
142 §§ 14 through 16; RRS §§ 5836-14 through 5836-16.]
62A.2-318
62A.2-318 Third party beneficiaries of warranties
express or implied. A seller’s warranty whether express or
implied extends to any natural person who is in the family or
household of his buyer or who is a guest in his home if it is
reasonable to expect that such person may use, consume or be
affected by the goods and who is injured in person by breach
of the warranty. A seller may not exclude or limit the operation of this section. [1965 ex.s. c 157 § 2-318.]
62A.2-319
62A.2-319 F.O.B. and F.A.S. terms. (1) Unless otherwise agreed the term F.O.B. (which means "free on board") at
a named place, even though used only in connection with the
stated price, is a delivery term under which
(a) when the term is F.O.B. the place of shipment, the
seller must at that place ship the goods in the manner provided in this Article (RCW 62A.2-504) and bear the expense
and risk of putting them into the possession of the carrier; or
(b) when the term is F.O.B. the place of destination, the
seller must at his own expense and risk transport the goods to
that place and there tender delivery of them in the manner
provided in this Article (RCW 62A.2-503);
(c) when under either (a) or (b) the term is also F.O.B.
vessel, car or other vehicle, the seller must in addition at his
own expense and risk load the goods on board. If the term is
F.O.B. vessel the buyer must name the vessel and in an
appropriate case the seller must comply with the provisions
of this Article on the form of bill of lading (RCW 62A.2323).
(2) Unless otherwise agreed the term F.A.S. vessel
(which means "free alongside") at a named port, even though
used only in connection with the stated price, is a delivery
term under which the seller must
(a) at his own expense and risk deliver the goods alongside the vessel in the manner usual in that port or on a dock
designated and provided by the buyer; and
(b) obtain and tender a receipt for the goods in exchange
for which the carrier is under a duty to issue a bill of lading.
(3) Unless otherwise agreed in any case falling within
subsection (1)(a) or (c) or subsection (2) the buyer must seasonably give any needed instructions for making delivery,
including when the term is F.A.S. or F.O.B. the loading berth
of the vessel and in an appropriate case its name and sailing
(2006 Ed.)
Sales
date. The seller may treat the failure of needed instructions as
a failure of cooperation under this Article (RCW 62A.2-311).
He may also at his option move the goods in any reasonable
manner preparatory to delivery or shipment.
(4) Under the term F.O.B. vessel or F.A.S. unless otherwise agreed the buyer must make payment against tender of
the required documents and the seller may not tender nor the
buyer demand delivery of the goods in substitution for the
documents. [1965 ex.s. c 157 § 2-319.]
62A.2-320
62A.2-320 C.I.F. and C.&F. terms. (1) The term
C.I.F. means that the price includes in a lump sum the cost of
the goods and the insurance and freight to the named destination. The term C.&F. or C.F. means that the price so includes
cost and freight to the named destination.
(2) Unless otherwise agreed and even though used only
in connection with the stated price and destination, the term
C.I.F. destination or its equivalent requires the seller at his
own expense and risk to
(a) put the goods into the possession of a carrier at the
port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation to the named destination; and
(b) load the goods and obtain a receipt from the carrier
(which may be contained in the bill of lading) showing that
the freight has been paid or provided for; and
(c) obtain a policy or certificate of insurance, including
any war risk insurance, of a kind and on terms then current at
the port of shipment in the usual amount, in the currency of
the contract, shown to cover the same goods covered by the
bill of lading and providing for payment of loss to the order
of the buyer or for the account of whom it may concern; but
the seller may add to the price the amount of the premium for
any such war risk insurance; and
(d) prepare an invoice of the goods and procure any other
documents required to effect shipment or to comply with the
contract; and
(e) forward and tender with commercial promptness all
the documents in due form and with any indorsement necessary to perfect the buyer’s rights.
(3) Unless otherwise agreed the term C.&F. or its equivalent has the same effect and imposes upon the seller the
same obligations and risks as a C.I.F. term except the obligation as to insurance.
(4) Under the term C.I.F. or C.&F. unless otherwise
agreed the buyer must make payment against tender of the
required documents and the seller may not tender nor the
buyer demand delivery of the goods in substitution for the
documents. [1965 ex.s. c 157 § 2-320.]
62A.2-321
62A.2-321 C.I.F. or C.&F.: "Net landed weights";
"payment on arrival"; warranty of condition on arrival.
Under a contract containing a term C.I.F. or C.&F.
(1) Where the price is based on or is to be adjusted
according to "net landed weights", "delivered weights", "out
turn" quantity or quality or the like, unless otherwise agreed
the seller must reasonably estimate the price. The payment
due on tender of the documents called for by the contract is
the amount so estimated, but after final adjustment of the
(2006 Ed.)
62A.2-324
price a settlement must be made with commercial promptness.
(2) An agreement described in subsection (1) or any warranty of quality or condition of the goods on arrival places
upon the seller the risk of ordinary deterioration, shrinkage
and the like in transportation but has no effect on the place or
time of identification to the contract for sale or delivery or on
the passing of the risk of loss.
(3) Unless otherwise agreed where the contract provides
for payment on or after arrival of the goods the seller must
before payment allow such preliminary inspection as is feasible; but if the goods are lost delivery of the documents and
payment are due when the goods should have arrived. [1965
ex.s. c 157 § 2-321.]
62A.2-322
62A.2-322 Delivery "ex-ship". (1) Unless otherwise
agreed a term for delivery of goods "ex-ship" (which means
from the carrying vessel) or in equivalent language is not
restricted to a particular ship and requires delivery from a
ship which has reached a place at the named port of destination where goods of the kind are usually discharged.
(2) Under such a term unless otherwise agreed
(a) the seller must discharge all liens arising out of the
carriage and furnish the buyer with a direction which puts the
carrier under a duty to deliver the goods; and
(b) the risk of loss does not pass to the buyer until the
goods leave the ship’s tackle or are otherwise properly
unloaded. [1965 ex.s. c 157 § 2-322.]
62A.2-323
62A.2-323 Form of bill of lading required in overseas
shipment; "overseas". (1) Where the contract contemplates
overseas shipment and contains a term C.I.F. or C.&F. or
F.O.B. vessel, the seller unless otherwise agreed must obtain
a negotiable bill of lading stating that the goods have been
loaded on board or, in the case of a term C.I.F. or C.&F.,
received for shipment.
(2) Where in a case within subsection (1) a bill of lading
has been issued in a set of parts, unless otherwise agreed if
the documents are not to be sent from abroad the buyer may
demand tender of the full set; otherwise only one part of the
bill of lading need be tendered. Even if the agreement
expressly requires a full set
(a) due tender of a single part is acceptable within the
provisions of this Article on cure of improper delivery (subsection (1) of RCW 62A.2-508); and
(b) even though the full set is demanded, if the documents are sent from abroad the person tendering an incomplete set may nevertheless require payment upon furnishing
an indemnity which the buyer in good faith deems adequate.
(3) A shipment by water or by air or a contract contemplating such shipment is "overseas" insofar as by usage of
trade or agreement it is subject to the commercial, financing
or shipping practices characteristic of international deep
water commerce. [1965 ex.s. c 157 § 2-323.]
62A.2-324
62A.2-324 "No arrival, no sale" term. Under a term
"no arrival, no sale" or terms of like meaning, unless otherwise agreed,
(a) the seller must properly ship conforming goods and if
they arrive by any means he must tender them on arrival but
[Title 62A RCW—page 15]
62A.2-325
Title 62A RCW: Uniform Commercial Code
he assumes no obligation that the goods will arrive unless he
has caused the non-arrival; and
(b) where without fault of the seller the goods are in part
lost or have so deteriorated as no longer to conform to the
contract or arrive after the contract time, the buyer may proceed as if there had been casualty to identified goods (RCW
62A.2-613). [1965 ex.s. c 157 § 2-324.]
(a) the option to return extends to the whole or any commercial unit of the goods while in substantially their original
condition, but must be exercised seasonably; and
(b) the return is at the buyer’s risk and expense. [1965
ex.s. c 157 § 2-327. Cf. former RCW 63.04.200(3); 1925
ex.s. c 142 § 19; RRS § 5836-19.]
62A.2-328 Sale by auction. (1) In a sale by auction if
goods are put up in lots each lot is the subject of a separate
sale.
(2) A sale by auction is complete when the auctioneer so
announces by the fall of the hammer or in other customary
manner. Where a bid is made while the hammer is falling in
acceptance of a prior bid the auctioneer may in his discretion
reopen the bidding or declare the goods sold under the bid on
which the hammer was falling.
(3) Such a sale is with reserve unless the goods are in
explicit terms put up without reserve. In an auction with
reserve the auctioneer may withdraw the goods at any time
until he announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or
lot, that article or lot cannot be withdrawn unless no bid is
made within a reasonable time. In either case a bidder may
retract his bid until the auctioneer’s announcement of completion of the sale, but a bidder’s retraction does not revive
any previous bid.
(4) If the auctioneer knowingly receives a bid on the
seller’s behalf or the seller makes or procures such a bid, and
notice has not been given that liberty for such bidding is
reserved, the buyer may at his option avoid the sale or take
the goods at the price of the last good faith bid prior to the
completion of the sale. This subsection shall not apply to any
bid at a forced sale. [1965 ex.s. c 157 § 2-328. Cf. former
RCW 63.04.220; 1925 ex.s. c 142 § 21; RRS § 5836-21.]
62A.2-328
62A.2-325
62A.2-325 "Letter of credit" term; "confirmed
credit". (1) Failure of the buyer seasonably to furnish an
agreed letter of credit is a breach of the contract for sale.
(2) The delivery to seller of a proper letter of credit suspends the buyer’s obligation to pay. If the letter of credit is
dishonored, the seller may on seasonable notification to the
buyer require payment directly from him.
(3) Unless otherwise agreed the term "letter of credit" or
"banker’s credit" in a contract for sale means an irrevocable
credit issued by a financing agency of good repute and, where
the shipment is overseas, of good international repute. The
term "confirmed credit" means that the credit must also carry
the direct obligation of such an agency which does business
in the seller’s financial market. [1965 ex.s. c 157 § 2-325.]
62A.2-326
62A.2-326 Sale on approval and sale or return;
rights of creditors. (1) Unless otherwise agreed, if delivered
goods may be returned by the buyer even though they conform to the contract, the transaction is
(a) a "sale on approval" if the goods are delivered primarily for use, and
(b) a "sale or return" if the goods are delivered primarily
for resale.
(2) Goods held on approval are not subject to the claims
of the buyer’s creditors until acceptance; goods held on sale
or return are subject to such claims while in the buyer’s possession.
(3) Any "or return" term of a contract for sale is to be
treated as a separate contract for sale within the statute of
frauds section of this Article (RCW 62A.2-201) and as contradicting the sale aspect of the contract within the provisions
of this Article on parol or extrinsic evidence (RCW 62A.2202). [2000 c 250 § 9A-805; 1965 ex.s. c 157 § 2-326. Cf.
former RCW 63.04.200(3); 1925 ex.s. c 142 § 19; RRS §
5836-19.]
Effective date—2000 c 250: See RCW 62A.9A-701.
62A.2-327
62A.2-327 Special incidents of sale on approval and
sale or return. (1) Under a sale on approval unless otherwise
agreed
(a) although the goods are identified to the contract the
risk of loss and the title do not pass to the buyer until acceptance; and
(b) use of the goods consistent with the purpose of trial is
not acceptance but failure seasonably to notify the seller of
election to return the goods is acceptance, and if the goods
conform to the contract acceptance of any part is acceptance
of the whole; and
(c) after due notification of election to return, the return
is at the seller’s risk and expense but a merchant buyer must
follow any reasonable instructions.
(2) Under a sale or return unless otherwise agreed
[Title 62A RCW—page 16]
PART 4
TITLE, CREDITORS AND GOOD FAITH PURCHASERS
62A.2-401 Passing of title; reservation for security;
limited application of this section. Each provision of this
Article with regard to the rights, obligations and remedies of
the seller, the buyer, purchasers or other third parties applies
irrespective of title to the goods except where the provision
refers to such title. Insofar as situations are not covered by the
other provisions of this Article and matters concerning title
become material the following rules apply:
(1) Title to goods cannot pass under a contract for sale
prior to their identification to the contract (RCW 62A.2-501),
and unless otherwise explicitly agreed the buyer acquires by
their identification a special property as limited by this Title.
Any retention or reservation by the seller of the title (property) in goods shipped or delivered to the buyer is limited in
effect to a reservation of a security interest. Subject to these
provisions and to the provisions of the Article on Secured
Transactions (*Article 9), title to goods passes from the seller
to the buyer in any manner and on any conditions explicitly
agreed on by the parties.
(2) Unless otherwise explicitly agreed title passes to the
buyer at the time and place at which the seller completes his
performance with reference to the physical delivery of the
goods, despite any reservation of a security interest and even
62A.2-401
(2006 Ed.)
Sales
though a document of title is to be delivered at a different
time or place; and in particular and despite any reservation of
a security interest by the bill of lading
(a) if the contract requires or authorizes the seller to send
the goods to the buyer but does not require him to deliver
them at destination, title passes to the buyer at the time and
place of shipment; but
(b) if the contract requires delivery at destination, title
passes on tender there.
(3) Unless otherwise explicitly agreed where delivery is
to be made without moving the goods,
(a) if the seller is to deliver a document of title, title
passes at the time when and the place where he delivers such
documents; or
(b) if the goods are at the time of contracting already
identified and no documents are to be delivered, title passes
at the time and place of contracting.
(4) A rejection or other refusal by the buyer to receive or
retain the goods, whether or not justified, or a justified revocation of acceptance revests title to the goods in the seller.
Such revesting occurs by operation of law and is not a "sale".
[1965 ex.s. c 157 § 2-401. Cf. former RCW sections: RCW
63.04.180 through 63.04.210; 1925 ex.s. c 142 §§ 17 through
20; RRS § 5836-17 through 5836-20.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
62A.2-402
62A.2-402 Rights of seller’s creditors against sold
goods. (1) Except as provided in subsections (2) and (3),
rights of unsecured creditors of the seller with respect to
goods which have been identified to a contract for sale are
subject to the buyer’s rights to recover the goods under this
Article (RCW 62A.2-502 and RCW 62A.2-716).
(2) A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against him
a retention of possession by the seller is fraudulent under any
rule of law of the state where the goods are situated, except
that retention of possession in good faith and current course
of trade by a merchant-seller for a commercially reasonable
time after a sale or identification is not fraudulent.
(3) Nothing in this Article shall be deemed to impair the
rights of creditors of the seller
(a) under the provisions of the Article on Secured Transactions (*Article 9); or
(b) where identification to the contract or delivery is
made not in current course of trade but in satisfaction of or as
security for a pre-existing claim for money, security or the
like and is made under circumstances which under any rule of
law of the state where the goods are situated would apart
from this Article constitute the transaction a fraudulent transfer or voidable preference. [1965 ex.s. c 157 § 2-402. Subd.
(2) cf. former RCW sections: (i) RCW 63.04.270; 1925 ex.s.
c 142 § 26; RRS § 5836-26. (ii) RCW 63.08.040; 1953 c 247
§ 3; 1943 c 98 § 1, part; 1939 c 122 § 1, part; 1925 ex.s. c 135
§ 2, part; Rem. Supp. 1943 § 5832, part; prior: 1901 c 109 §
1, part.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
(2006 Ed.)
62A.2-501
62A.2-403
62A.2-403 Power to transfer; good faith purchase of
goods; "entrusting". (1) A purchaser of goods acquires all
title which his or her transferor had or had power to transfer
except that a purchaser of a limited interest acquires rights
only to the extent of the interest purchased. A person with
voidable title has power to transfer a good title to a good faith
purchaser for value. When goods have been delivered under
a transaction of purchase the purchaser has such power even
though
(a) the transferor was deceived as to the identity of the
purchaser, or
(b) the delivery was in exchange for a check which is
later dishonored, or
(c) it was agreed that the transaction was to be a "cash
sale".
(2) Any entrusting of possession of goods to a merchant
who deals in goods of that kind gives him or her power to
transfer all rights of the entruster to a buyer in ordinary
course of business.
(3) "Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any condition
expressed between the parties to the delivery or acquiescence
and regardless of whether the procurement of the entrusting
or the possessor’s disposition of the goods have been such as
to be larcenous under the criminal law.
(4) The rights of other purchasers of goods and of lien
creditors are governed by the Articles on Secured Transactions (*Article 9) and Documents of Title (Article 7). [1993
c 395 § 6-103; 1967 c 114 § 8; 1965 ex.s. c 157 § 2-403. Cf.
former RCW sections: (i) RCW 61.20.090; 1943 c 71 § 9;
Rem. Supp. 1943 § 11548-38. (ii) RCW 63.04.210(4); 1925
ex.s. c 142 § 20; RRS § 5836-20. (iii) RCW 63.04.240; 1925
ex.s. c 142 § 23; RRS § 5836-23. (iv) RCW 63.04.250; 1925
ex.s. c 142 § 24; RRS § 5836-24. (v) RCW 63.04.260; 1925
ex.s. c 142 § 25; RRS § 5836-25. (vi) RCW 65.08.040; Code
1881 § 2327; 1863 p 413 § 4; 1854 p 404 § 4; RRS § 5827.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
Emergency—Effective date—1967 c 114: See note following RCW
62A.4-406.
Restoration of stolen property: RCW 10.79.050.
PART 5
PERFORMANCE
62A.2-501
62A.2-501 Insurable interest in goods; manner of
identification of goods. (1) The buyer obtains a special
property and an insurable interest in goods by identification
of existing goods as goods to which the contract refers even
though the goods so identified are non-conforming and he
has an option to return or reject them. Such identification can
be made at any time and in any manner explicitly agreed to by
the parties. In the absence of explicit agreement identification
occurs
(a) when the contract is made if it is for the sale of goods
already existing and identified;
(b) if the contract is for the sale of future goods other
than those described in paragraph (c), when goods are
shipped, marked or otherwise designated by the seller as
goods to which the contract refers;
[Title 62A RCW—page 17]
62A.2-502
Title 62A RCW: Uniform Commercial Code
(c) when the crops are planted or otherwise become
growing crops or the young are conceived if the contract is
for the sale of unborn young to be born within twelve months
after contracting or for the sale of crops to be harvested
within twelve months or the next normal harvest season after
contracting whichever is longer.
(2) The seller retains an insurable interest in goods so
long as title to or any security interest in the goods remains in
him and where the identification is by the seller alone he may
until default or insolvency or notification to the buyer that the
identification is final substitute other goods for those identified.
(3) Nothing in this section impairs any insurable interest
recognized under any other statute or rule of law. [1965 ex.s.
c 157 § 2-501. Cf. former RCW sections: (i) RCW
63.04.180; 1925 ex.s. c 142 § 17; RRS § 5836-17. (ii) RCW
63.04.200; 1925 ex.s. c 142 § 19; RRS § 5836-19.]
62A.2-502
62A.2-502 Buyer’s right to goods on seller’s insolvency. (1) Subject to subsections (2) and (3) of this section
and even though the goods have not been shipped a buyer
who has paid a part or all of the price of goods in which he
has a special property under the provisions of the immediately preceding section may on making and keeping good a
tender of any unpaid portion of their price recover them from
the seller if:
(a) In the case of goods bought for personal, family, or
household purposes, the seller repudiates or fails to deliver as
required by the contract; or
(b) In all cases, the seller becomes insolvent within ten
days after receipt of the first installment on their price.
(2) The buyer’s right to recover the goods under subsection (1)(a) of this section vests upon acquisition of a special
property, even if the seller had not then repudiated or failed to
deliver.
(3) If the identification creating his special property has
been made by the buyer he acquires the right to recover the
goods only if they conform to the contract for sale. [2000 c
250 § 9A-806; 1965 ex.s. c 157 § 2-502. Cf. former RCW
sections: RCW 63.04.180 through 63.04.200; 1925 ex.s. c
142 §§ 17 through 19; RRS §§ 5836-17 through 5836-19.]
Effective date—2000 c 250: See RCW 62A.9A-701.
62A.2-503
62A.2-503 Manner of seller’s tender of delivery. (1)
Tender of delivery requires that the seller put and hold conforming goods at the buyer’s disposition and give the buyer
any notification reasonably necessary to enable him to take
delivery. The manner, time and place for tender are determined by the agreement and this Article, and in particular
(a) tender must be at a reasonable hour, and if it is of
goods they must be kept available for the period reasonably
necessary to enable the buyer to take possession; but
(b) unless otherwise agreed the buyer must furnish facilities reasonably suited to the receipt of the goods.
(2) Where the case is within the next section respecting
shipment tender requires that the seller comply with its provisions.
(3) Where the seller is required to deliver at a particular
destination tender requires that he comply with subsection (1)
[Title 62A RCW—page 18]
and also in any appropriate case tender documents as
described in subsections (4) and (5) of this section.
(4) Where goods are in the possession of a bailee and are
to be delivered without being moved
(a) tender requires that the seller either tender a negotiable document of title covering such goods or procure
acknowledgment by the bailee of the buyer’s right to possession of the goods; but
(b) tender to the buyer of a non-negotiable document of
title or of a written direction to the bailee to deliver is sufficient tender unless the buyer seasonably objects, and receipt
by the bailee of notification of the buyer’s rights fixes those
rights as against the bailee and all third persons; but risk of
loss of the goods and of any failure by the bailee to honor the
non-negotiable document of title or to obey the direction
remains on the seller until the buyer has had a reasonable
time to present the document or direction, and a refusal by the
bailee to honor the document or to obey the direction defeats
the tender.
(5) Where the contract requires the seller to deliver documents
(a) he must tender all such documents in correct form,
except as provided in this Article with respect to bills of lading in a set (subsection (2) of RCW 62A.2-323); and
(b) tender through customary banking channels is sufficient and dishonor of a draft accompanying the documents
constitutes non-acceptance or rejection. [1965 ex.s. c 157 §
2-503. Cf. former RCW sections: RCW 63.04.120,
63.04.200, 63.04.210, 63.04.440, 63.04.470, and 63.04.520;
1925 ex.s. c 142 §§ 11, 19, 20, 43, 46, and 51; RRS §§ 583611, 5836-19, 5836-20, 5836-43, 5836-46, and 5836-51.]
62A.2-504
62A.2-504 Shipment by seller. Where the seller is
required or authorized to send the goods to the buyer and the
contract does not require him to deliver them at a particular
destination, then unless otherwise agreed he must
(a) put the goods in the possession of such a carrier and
make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other
circumstances of the case; and
(b) obtain and promptly deliver or tender in due form any
document necessary to enable the buyer to obtain possession
of the goods or otherwise required by the agreement or by
usage of trade; and
(c) promptly notify the buyer of the shipment. Failure to
notify the buyer under paragraph (c) or to make a proper contract under paragraph (a) is a ground for rejection only if
material delay or loss ensues. [1965 ex.s. c 157 § 2-504. Cf.
former RCW 63.04.470; 1925 ex.s. c 142 § 46; RRS § 583646.]
62A.2-505
62A.2-505 Seller’s shipment under reservation. (1)
Where the seller has identified goods to the contract by or
before shipment:
(a) his procurement of a negotiable bill of lading to his
own order or otherwise reserves in him a security interest in
the goods. His procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the
seller’s expectation of transferring that interest to the person
named.
(2006 Ed.)
Sales
(b) a non-negotiable bill of lading to himself or his nominee reserves possession of the goods as security but except in
a case of conditional delivery (subsection (2) of RCW 62A.2507) a non-negotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller
retains possession of the bill of lading.
(2) When shipment by the seller with reservation of a
security interest is in violation of the contract for sale it constitutes an improper contract for transportation within the
preceding section but impairs neither the rights given to the
buyer by shipment and identification of the goods to the contract nor the seller’s powers as a holder of a negotiable document. [1965 ex.s. c 157 § 2-505. Cf. former RCW 63.04.210
(2), (3), (4); 1925 ex.s. c 142 § 20; RRS § 5836-20.]
62A.2-506
62A.2-506 Rights of financing agency. (1) A financing agency by paying or purchasing for value a draft which
relates to a shipment of goods acquires to the extent of the
payment or purchase and in addition to its own rights under
the draft and any document of title securing it any rights of
the shipper in the goods including the right to stop delivery
and the shipper’s right to have the draft honored by the buyer.
(2) The right to reimbursement of a financing agency
which has in good faith honored or purchased the draft under
commitment to or authority from the buyer is not impaired by
subsequent discovery of defects with reference to any relevant document which was apparently regular on its face.
[1965 ex.s. c 157 § 2-506.]
62A.2-511
(a) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the
goods are duly delivered to the carrier even though the shipment is under reservation (RCW 62A.2-505); but
(b) if it does require him to deliver them at a particular
destination and the goods are there duly tendered while in the
possession of the carrier, the risk of loss passes to the buyer
when the goods are there duly so tendered as to enable the
buyer to take delivery.
(2) Where the goods are held by a bailee to be delivered
without being moved, the risk of loss passes to the buyer
(a) on his receipt of a negotiable document of title covering the goods; or
(b) on acknowledgment by the bailee of the buyer’s right
to possession of the goods; or
(c) after his receipt of a non-negotiable document of title
or other written direction to deliver, as provided in subsection
(4)(b) of RCW 62A.2-503.
(3) In any case not within subsection (1) or (2), the risk
of loss passes to the buyer on his receipt of the goods if the
seller is a merchant; otherwise the risk passes to the buyer on
tender of delivery.
(4) The provisions of this section are subject to contrary
agreement of the parties and to the provisions of this Article
on sale on approval (RCW 62A.2-327) and on effect of
breach on risk of loss (RCW 62A.2-510). [1965 ex.s. c 157 §
2-509. Cf. former RCW sections: (i) RCW 63.04.200; 1925
ex.s. c 142 § 19; RRS § 5836-19. (ii) RCW 63.04.230; 1925
ex.s. c 142 § 22; RRS § 5836-22.]
62A.2-507
62A.2-507 Effect of seller’s tender; delivery on condition. (1) Tender of delivery is a condition to the buyer’s
duty to accept the goods and, unless otherwise agreed, to his
duty to pay for them. Tender entitles the seller to acceptance
of the goods and to payment according to the contract.
(2) Where payment is due and demanded on the delivery
to the buyer of goods or documents of title, his right as
against the seller to retain or dispose of them is conditional
upon his making the payment due. [1965 ex.s. c 157 § 2-507.
Cf. former RCW sections: (i) RCW 63.04.120; 1925 ex.s. c
142 § 11; RRS § 5836-11. (ii) RCW 63.04.420; 1925 ex.s. c
142 § 41; RRS § 5836-41. (iii) RCW 63.04.430; 1925 ex.s. c
142 § 42; RRS § 5836-42. (iv) RCW 63.04.700; 1925 ex.s. c
142 § 69; RRS § 5836-69.]
62A.2-510
62A.2-510 Effect of breach on risk of loss. (1) Where
a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss
remains on the seller until cure or acceptance.
(2) Where the buyer rightfully revokes acceptance he
may to the extent of any deficiency in his effective insurance
coverage treat the risk of loss as having rested on the seller
from the beginning.
(3) Where the buyer as to conforming goods already
identified to the contract for sale repudiates or is otherwise in
breach before risk of their loss has passed to him, the seller
may to the extent of any deficiency in his effective insurance
coverage treat the risk of loss as resting on the buyer for a
commercially reasonable time. [1965 ex.s. c 157 § 2-510.]
62A.2-508
62A.2-508 Cure by seller of improper tender or
delivery; replacement. (1) Where any tender or delivery by
the seller is rejected because non-conforming and the time for
performance has not yet expired, the seller may seasonably
notify the buyer of his intention to cure and may then within
the contract time make a conforming delivery.
(2) Where the buyer rejects a non-conforming tender
which the seller had reasonable grounds to believe would be
acceptable with or without money allowance the seller may if
he seasonably notifies the buyer have a further reasonable
time to substitute a conforming tender. [1965 ex.s. c 157 § 2508.]
62A.2-509
62A.2-509 Risk of loss in the absence of breach. (1)
Where the contract requires or authorizes the seller to ship the
goods by carrier
(2006 Ed.)
62A.2-511
62A.2-511 Tender of payment by buyer; payment by
check. (1) Unless otherwise agreed tender of payment is a
condition to the seller’s duty to tender and complete any
delivery.
(2) Tender of payment is sufficient when made by any
means or in any manner current in the ordinary course of
business unless the seller demands payment in legal tender
and gives any extension of time reasonably necessary to procure it.
(3) Subject to the provisions of this Title on the effect of
an instrument on an obligation (RCW 62A.3-310), payment
by check is conditional and is defeated as between the parties
by dishonor of the check on due presentment. [1996 c 77 § 2;
1965 ex.s. c 157 § 2-511. Cf. former RCW 63.04.430; 1925
ex.s. c 142 § 42; RRS § 5836-42.]
[Title 62A RCW—page 19]
62A.2-512
Title 62A RCW: Uniform Commercial Code
62A.2-512
62A.2-512 Payment by buyer before inspection. (1)
Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so
making payment unless
(a) the non-conformity appears without inspection; or
(b) despite tender of the required documents the circumstances would justify injunction against honor under the provisions of this Title (RCW 62A.5-109(2)).
(2) Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer’s right to
inspect or any of his or her remedies. [1997 c 56 § 20; 1965
ex.s. c 157 § 2-512. Cf. former RCW sections: (i) RCW
63.04.480; 1925 ex.s. c 142 § 47; RRS § 5836-47. (ii) RCW
63.04.500; 1925 ex.s. c 142 § 49; RRS § 5836-49.]
Applicability—Savings—Transition provisions—1997 c 56: See
RCW 62A.5-1013 and 62A.5-1015.
62A.2-513
62A.2-513 Buyer’s right to inspection of goods. (1)
Unless otherwise agreed and subject to subsection (3), where
goods are tendered or delivered or identified to the contract
for sale, the buyer has a right before payment or acceptance
to inspect them at any reasonable place and time and in any
reasonable manner. When the seller is required or authorized
to send the goods to the buyer, the inspection may be after
their arrival.
(2) Expenses of inspection must be borne by the buyer
but may be recovered from the seller if the goods do not conform and are rejected.
(3) Unless otherwise agreed and subject to the provisions
of this Article on C.I.F. contracts (subsection (3) of RCW
62A.2-321), the buyer is not entitled to inspect the goods
before payment of the price when the contract provides
(a) for delivery "C.O.D." or on other like terms; or
(b) for payment against documents of title, except where
such payment is due only after the goods are to become available for inspection.
(4) A place or method of inspection fixed by the parties
is presumed to be exclusive but unless otherwise expressly
agreed it does not postpone identification or shift the place
for delivery or for passing the risk of loss. If compliance
becomes impossible, inspection shall be as provided in this
section unless the place or method fixed was clearly intended
as an indispensable condition failure of which avoids the contract. [1965 ex.s. c 157 § 2-513. Cf. former RCW 63.04.480
(2), (3); 1925 ex.s. c 142 § 47; RRS § 5836-47.]
62A.2-514
62A.2-514 When documents deliverable on acceptance; when on payment. Unless otherwise agreed documents against which a draft is drawn are to be delivered to the
drawee on acceptance of the draft if it is payable more than
three days after presentment; otherwise, only on payment.
[1965 ex.s. c 157 § 2-514. Cf. former RCW 81.32.411; 1961
c 14 § 81.32.411; prior: 1915 c 159 § 41; RRS § 3687; formerly RCW 81.32.500.]
62A.2-515
62A.2-515 Preserving evidence of goods in dispute.
In furtherance of the adjustment of any claim or dispute
(a) either party on reasonable notification to the other
and for the purpose of ascertaining the facts and preserving
evidence has the right to inspect, test and sample the goods
[Title 62A RCW—page 20]
including such of them as may be in the possession or control
of the other; and
(b) the parties may agree to a third party inspection or
survey to determine the conformity or condition of the goods
and may agree that the findings shall be binding upon them in
any subsequent litigation or adjustment. [1965 ex.s. c 157 §
2-515.]
PART 6
BREACH, REPUDIATION AND EXCUSE
62A.2-601
62A.2-601 Buyer’s rights on improper delivery. Subject to the provisions of this Article on breach in installment
contracts (RCW 62A.2-612) and unless otherwise agreed
under the sections on contractual limitations of remedy
(RCW 62A.2-718 and RCW 62A.2-719), if the goods or the
tender of delivery fail in any respect to conform to the contract, the buyer may
(a) reject the whole; or
(b) accept the whole; or
(c) accept any commercial unit or units and reject the
rest. [1965 ex.s. c 157 § 2-601. Cf. former RCW sections: (i)
RCW 63.04.120; 1925 ex.s. c 142 § 11; RRS § 5836-11. (ii)
RCW 63.04.480; 1925 ex.s. c 142 § 47; RRS § 5836-47. (iii)
RCW 63.04.700(1); 1925 ex.s. c 142 § 69; RRS § 5836-69.]
62A.2-602
62A.2-602 Manner and effect of rightful rejection.
(1) Rejection of goods must be within a reasonable time after
their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.
(2) Subject to the provisions of the two following sections on rejected goods (RCW 62A.2-603 and RCW 62A.2604),
(a) after rejection any exercise of ownership by the buyer
with respect to any commercial unit is wrongful as against the
seller; and
(b) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest
under the provisions of this Article (subsection (3) of RCW
62A.2-711), he is under a duty after rejection to hold them
with reasonable care at the seller’s disposition for a time sufficient to permit the seller to remove them; but
(c) the buyer has no further obligations with regard to
goods rightfully rejected.
(3) The seller’s rights with respect to goods wrongfully
rejected are governed by the provisions of this Article on
seller’s remedies in general (RCW 62A.2-703). [1965 ex.s. c
157 § 2-602. Cf. former RCW sections: (i) RCW 63.04.090;
1925 ex.s. c 142 § 8; RRS § 5836-8. (ii) RCW 63.04.510;
1925 ex.s. c 142 § 50; RRS § 5836-50.]
62A.2-603
62A.2-603 Merchant buyer’s duties as to rightfully
rejected goods. (1) Subject to any security interest in the
buyer (subsection (3) of RCW 62A.2-711), when the seller
has no agent or place of business at the market of rejection a
merchant buyer is under a duty after rejection of goods in his
possession or control to follow any reasonable instructions
received from the seller with respect to the goods and in the
absence of such instructions to make reasonable efforts to sell
them for the seller’s account if they are perishable or threaten
(2006 Ed.)
Sales
to decline in value speedily. Instructions are not reasonable if
on demand indemnity for expenses is not forthcoming.
(2) When the buyer sells goods under subsection (1), he
is entitled to reimbursement from the seller or out of the proceeds for reasonable expenses of caring for and selling them,
and if the expenses include no selling commission then to
such commission as is usual in the trade or if there is none to
a reasonable sum not exceeding ten per cent on the gross proceeds.
(3) In complying with this section the buyer is held only
to good faith and good faith conduct hereunder is neither
acceptance nor conversion nor the basis of an action for damages. [1965 ex.s. c 157 § 2-603.]
62A.2-604
62A.2-604 Buyer’s options as to salvage of rightfully
rejected goods. Subject to the provisions of the immediately
preceding section on perishables if the seller gives no instructions within a reasonable time after notification of rejection
the buyer may store the rejected goods for the seller’s account
or reship them to him or resell them for the seller’s account
with reimbursement as provided in the preceding section.
Such action is not acceptance or conversion. [1965 ex.s. c
157 § 2-604.]
62A.2-605
62A.2-605 Waiver of buyer’s objections by failure to
particularize. (1) The buyer’s failure to state in connection
with rejection a particular defect which is ascertainable by
reasonable inspection precludes him from relying on the
unstated defect to justify rejection or to establish breach
(a) where the seller could have cured it if stated seasonably; or
(b) between merchants when the seller has after rejection
made a request in writing for a full and final written statement
of all defects on which the buyer proposes to rely.
(2) Payment against documents made without reservation of rights precludes recovery of the payment for defects
apparent on the face of the documents. [1965 ex.s. c 157 § 2605.]
62A.2-606
62A.2-606 What constitutes acceptance of goods. (1)
Acceptance of goods occurs when the buyer
(a) after a reasonable opportunity to inspect the goods
signifies to the seller that the goods are conforming or that he
will take or retain them in spite of their non-conformity; or
(b) fails to make an effective rejection (subsection (1) of
RCW 62A.2-602), but such acceptance does not occur until
the buyer has had a reasonable opportunity to inspect them;
or
(c) does any act inconsistent with the seller’s ownership;
but if such act is wrongful as against the seller it is an acceptance only if ratified by him.
(2) Acceptance of a part of any commercial unit is acceptance of that entire unit. [1965 ex.s. c 157 § 2-606. Cf. former
RCW sections: (i) RCW 63.04.480(1); 1925 ex.s. c 142 § 47;
RRS § 5836-47. (ii) RCW 63.04.490; 1925 ex.s. c 142 § 48;
RRS § 5836-48.]
62A.2-607
62A.2-607 Effect of acceptance; notice of breach;
burden of establishing breach after acceptance; notice of
(2006 Ed.)
62A.2-608
claim or litigation to person answerable over. (1) The
buyer must pay at the contract rate for any goods accepted.
(2) Acceptance of goods by the buyer precludes rejection
of the goods accepted and if made with knowledge of a nonconformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the non-conformity would be seasonably cured but acceptance does not of
itself impair any other remedy provided by this Article for
non-conformity.
(3) Where a tender has been accepted
(a) the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller
of breach or be barred from any remedy; and
(b) if the claim is one for infringement or the like (subsection (3) of RCW 62A.2-312) and the buyer is sued as a
result of such a breach he must so notify the seller within a
reasonable time after he receives notice of the litigation or be
barred from any remedy over for liability established by the
litigation.
(4) The burden is on the buyer to establish any breach
with respect to the goods accepted.
(5) Where the buyer is sued for breach of a warranty or
other obligation for which his seller is answerable over
(a) he may give his seller written notice of the litigation.
If the notice states that the seller may come in and defend and
that if the seller does not do so he will be bound in any action
against him by his buyer by any determination of fact common to the two litigations, then unless the seller after seasonable receipt of the notice does come in and defend he is so
bound.
(b) if the claim is one for infringement or the like (subsection (3) of RCW 62A.2-312) the original seller may
demand in writing that his buyer turn over to him control of
the litigation including settlement or else be barred from any
remedy over and if he also agrees to bear all expense and to
satisfy any adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the
buyer is so barred.
(6) The provisions of subsections (3), (4) and (5) apply to
any obligation of a buyer to hold the seller harmless against
infringement or the like (subsection (3) of RCW 62A.2-312).
[1965 ex.s. c 157 § 2-607. Subd. (1) cf. former RCW
63.04.420; 1925 ex.s. c 142 § 41; RRS § 5836-41. Subd. (2),
(3) cf. former RCW sections: (i) RCW 63.04.500; 1925 ex.s.
c 142 § 49; RRS § 5836-49. (ii) RCW 63.04.700; 1925 ex.s.
c 142 § 69; RRS § 5836-69.]
62A.2-608
62A.2-608 Revocation of acceptance in whole or in
part. (1) The buyer may revoke his acceptance of a lot or
commercial unit whose non-conformity substantially impairs
its value to him if he has accepted it
(a) on the reasonable assumption that its non-conformity
would be cured and it has not been seasonably cured; or
(b) without discovery of such non-conformity if his
acceptance was reasonably induced either by the difficulty of
discovery before acceptance or by the seller’s assurances.
(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in
condition of the goods which is not caused by their own
[Title 62A RCW—page 21]
62A.2-609
Title 62A RCW: Uniform Commercial Code
defects. It is not effective until the buyer notifies the seller of
it.
(3) A buyer who so revokes has the same rights and
duties with regard to the goods involved as if he had rejected
them. [1965 ex.s. c 157 § 2-608. Cf. former RCW 63.04.700
(1)(d), (3), (4), (5); 1925 ex.s. c 142 § 69; RRS § 5836-69.]
62A.2-609
62A.2-609 Right to adequate assurance of performance. (1) A contract for sale imposes an obligation on each
party that the other’s expectation of receiving due performance will not be impaired. When reasonable grounds for
insecurity arise with respect to the performance of either
party the other may in writing demand adequate assurance of
due performance and until he receives such assurance may if
commercially reasonable suspend any performance for which
he has not already received the agreed return.
(2) Between merchants the reasonableness of grounds
for insecurity and the adequacy of any assurance offered shall
be determined according to commercial standards.
(3) Acceptance of any improper delivery or payment
does not prejudice the aggrieved party’s right to demand adequate assurance of future performance.
(4) After receipt of a justified demand failure to provide
within a reasonable time not exceeding thirty days such
assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract. [1965 ex.s. c 157 § 2-609. Cf. former RCW sections:
(i) RCW 63.04.540; 1925 ex.s. c 142 § 53; RRS § 5836-53.
(ii) RCW 63.04.550(1)(b); 1925 ex.s. c 142 § 54; RRS §
5836-54. (iii) RCW 63.04.560; 1925 ex.s. c 142 § 55; RRS §
5836-55. (iv) RCW 63.04.640(2); 1925 ex.s. c 142 § 63; RRS
§ 5836-63.]
62A.2-610
62A.2-610 Anticipatory repudiation. When either
party repudiates the contract with respect to a performance
not yet due the loss of which will substantially impair the
value of the contract to the other, the aggrieved party may
(a) for a commercially reasonable time await performance by the repudiating party; or
(b) resort to any remedy for breach (RCW 62A.2-703 or
RCW 62A.2-711), even though he has notified the repudiating party that he would await the latter’s performance and has
urged retraction; and
(c) in either case suspend his own performance or proceed in accordance with the provisions of this Article on the
seller’s right to identify goods to the contract notwithstanding
breach or to salvage unfinished goods (RCW 62A.2-704).
[1965 ex.s. c 157 § 2-610. Cf. former RCW section: (i) RCW
63.04.640(2); 1925 ex.s. c 142 § 63; RRS § 5836-63. (ii)
RCW 63.04.660; 1925 ex.s. c 142 § 65; RRS § 5836-65.]
62A.2-611
62A.2-611 Retraction of anticipatory repudiation.
(1) Until the repudiating party’s next performance is due he
can retract his repudiation unless the aggrieved party has
since the repudiation cancelled or materially changed his
position or otherwise indicated that he considers the repudiation final.
(2) Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends
to perform, but must include any assurance justifiably
[Title 62A RCW—page 22]
demanded under the provisions of this Article (RCW 62A.2609).
(3) Retraction reinstates the repudiating party’s rights
under the contract with due excuse and allowance to the
aggrieved party for any delay occasioned by the repudiation.
[1965 ex.s. c 157 § 2-611.]
62A.2-612
62A.2-612 "Installment contract"; breach. (1) An
"installment contract" is one which requires or authorizes the
delivery of goods in separate lots to be separately accepted,
even though the contract contains a clause "each delivery is a
separate contract" or its equivalent.
(2) The buyer may reject any installment which is nonconforming if the non-conformity substantially impairs the
value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the
non-conformity does not fall within subsection (3) and the
seller gives adequate assurance of its cure the buyer must
accept that installment.
(3) Whenever non-conformity or default with respect to
one or more installments substantially impairs the value of
the whole contract there is a breach of the whole. But the
aggrieved party reinstates the contract if he accepts a nonconforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past
installments or demands performance as to future installments. [1965 ex.s. c 157 § 2-612. Cf. former RCW
63.04.460(2); 1925 ex.s. c 142 § 45; RRS § 5836-45.]
62A.2-613
62A.2-613 Casualty to identified goods. Where the
contract requires for its performance goods identified when
the contract is made, and the goods suffer casualty without
fault of either party before the risk of loss passes to the buyer,
or in a proper case under a "no arrival, no sale" term (RCW
62A.2-324) then
(a) if the loss is total the contract is avoided; and
(b) if the loss is partial or the goods have so deteriorated
as no longer to conform to the contract the buyer may nevertheless demand inspection and at his option either treat the
contract as avoided or accept the goods with due allowance
from the contract price for the deterioration or the deficiency
in quantity but without further right against the seller. [1965
ex.s. c 157 § 2-613. Cf. former RCW sections: (i) RCW
63.04.080; 1925 ex.s. c 142 § 7; RRS § 5836-7. (ii) RCW
63.04.090; 1925 ex.s. c 142 § 8; RRS § 5836-8.]
62A.2-614
62A.2-614 Substituted performance. (1) Where without fault of either party the agreed berthing, loading, or
unloading facilities fail or an agreed type of carrier becomes
unavailable or the agreed manner of delivery otherwise
becomes commercially impracticable but a commercially
reasonable substitute is available, such substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails
because of domestic or foreign governmental regulation, the
seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially
a substantial equivalent. If delivery has already been taken,
payment by the means or in the manner provided by the regulation discharges the buyer’s obligation unless the regula(2006 Ed.)
Sales
tion is discriminatory, oppressive or predatory. [1965 ex.s. c
157 § 2-614.]
62A.2-615
62A.2-615 Excuse by failure of presupposed conditions. Except so far as a seller may have assumed a greater
obligation and subject to the preceding section on substituted
performance:
(a) Delay in delivery or non-delivery in whole or in part
by a seller who complies with paragraphs (b) and (c) is not a
breach of his duty under a contract for sale if performance as
agreed has been made impracticable by the occurrence of a
contingency the non-occurrence of which was a basic
assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic
governmental regulation or order whether or not it later
proves to be invalid.
(b) Where the causes mentioned in paragraph (a) affect
only a part of the seller’s capacity to perform, he must allocate production and deliveries among his customers but may
at his option include regular customers not then under contract as well as his own requirements for further manufacture.
He may so allocate in any manner which is fair and reasonable.
(c) The seller must notify the buyer seasonably that there
will be delay or non-delivery and, when allocation is required
under paragraph (b), of the estimated quota thus made available for the buyer. [1965 ex.s. c 157 § 2-615.]
62A.2-616
62A.2-616 Procedure on notice claiming excuse. (1)
Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he may by written notification to the seller as to any
delivery concerned, and where the prospective deficiency
substantially impairs the value of the whole contract under
the provisions of this Article relating to breach of installment
contracts (RCW 62A.2-612), then also as to the whole,
(a) terminate and thereby discharge any unexecuted portion of the contract; or
(b) modify the contract by agreeing to take his available
quota in substitution.
(2) If after receipt of such notification from the seller the
buyer fails so to modify the contract within a reasonable time
not exceeding thirty days the contract lapses with respect to
any deliveries affected. [1965 ex.s. c 157 § 2-616.]
PART 7
REMEDIES
62A.2-701
62A.2-701 Remedies for breach of collateral contracts not impaired. Remedies for breach of any obligation
or promise collateral or ancillary to a contract for sale are not
impaired by the provisions of this Article. [1965 ex.s. c 157
§ 2-701.]
62A.2-702
62A.2-702 Seller’s remedies on discovery of buyer’s
insolvency. (1) Where the seller discovers the buyer to be
insolvent he may refuse delivery except for cash including
payment for all goods theretofore delivered under the contract, and stop delivery under this Article (RCW 62A.2-705).
(2006 Ed.)
62A.2-704
(2) Where the seller discovers that the buyer has received
goods on credit while insolvent he may reclaim the goods
upon demand made within ten days after the receipt, but if
misrepresentation of solvency has been made to the particular
seller in writing within three months before delivery the ten
day limitation does not apply. Except as provided in this subsection the seller may not base a right to reclaim goods on the
buyer’s fraudulent or innocent misrepresentation of solvency
or of intent to pay.
(3) The seller’s right to reclaim under subsection (2) is
subject to the rights of a buyer in ordinary course or other
good faith purchaser under this Article (RCW 62A.2-403).
Successful reclamation of goods excludes all other remedies
with respect to them. [1981 c 41 § 4; 1965 ex.s. c 157 § 2702. Subd. (1) cf. former RCW sections: (i) RCW
63.04.540(1)(b); 1925 ex.s. c 142 § 53; RRS § 5836-53. (ii)
RCW 63.04.550(1)(c); 1925 ex.s. c 142 § 54; RRS § 583654. (iii) RCW 63.04.560; 1925 ex.s. c 142 § 55; RRS § 583655. (iv) RCW 63.04.580; 1925 ex.s. c 142 § 57; RRS § 583657. Subd. (3) cf. former RCW 63.04.755(3); 1925 ex.s. c 142
§ 76; RRS § 5836-76; formerly RCW 63.04.010.]
Effective date—1981 c 41: See RCW 62A.11-101.
62A.2-703
62A.2-703 Seller’s remedies in general. Where the
buyer wrongfully rejects or revokes acceptance of goods or
fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to
any goods directly affected and, if the breach is of the whole
contract (RCW 62A.2-612), then also with respect to the
whole undelivered balance, the aggrieved seller may
(a) withhold delivery of such goods;
(b) stop delivery by any bailee as hereafter provided
(RCW 62A.2-705);
(c) proceed under the next section respecting goods still
unidentified to the contract;
(d) resell and recover damages as hereafter provided
(RCW 62A.2-706);
(e) recover damages for non-acceptance (RCW 62A.2708) or in a proper case the price (RCW 62A.2-709);
(f) cancel. [1965 ex.s. c 157 § 2-703. Cf. former RCW
sections: (i) RCW 63.04.540; 1925 ex.s. c 142 § 53; RRS §
5836-53. (ii) RCW 63.04.620(1); 1925 ex.s. c 142 § 61; RRS
§ 5836-61.]
62A.2-704
62A.2-704 Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished
goods. (1) An aggrieved seller under the preceding section
may
(a) identify to the contract conforming goods not already
identified if at the time he learned of the breach they are in his
possession or control;
(b) treat as the subject of resale goods which have
demonstrably been intended for the particular contract even
though those goods are unfinished.
(2) Where the goods are unfinished an aggrieved seller
may in the exercise of reasonable commercial judgment for
the purposes of avoiding loss and of effective realization
either complete the manufacture and wholly identify the
goods to the contract or cease manufacture and resell for
scrap or salvage value or proceed in any other reasonable
[Title 62A RCW—page 23]
62A.2-705
Title 62A RCW: Uniform Commercial Code
manner. [1965 ex.s. c 157 § 2-704. Cf. former RCW sections: (i) RCW 63.04.640(3); 1925 ex.s. c 142 § 63; RRS §
5836-63. (ii) RCW 63.04.650(4); 1925 ex.s. c 142 § 64; RRS
§ 5836-64.]
62A.2-705
62A.2-705 Seller’s stoppage of delivery in transit or
otherwise. (1) The seller may stop delivery of goods in the
possession of a carrier or other bailee when he discovers the
buyer to be insolvent (RCW 62A.2-702) and may stop delivery of carload, truckload, planeload or larger shipments of
express or freight when the buyer repudiates or fails to make
a payment due before delivery or if for any other reason the
seller has a right to withhold or reclaim the goods.
(2) As against such buyer the seller may stop delivery
until
(a) receipt of the goods by the buyer; or
(b) acknowledgment to the buyer by any bailee of the
goods except a carrier that the bailee holds the goods for the
buyer; or
(c) such acknowledgment to the buyer by a carrier by
reshipment or as warehouseman; or
(d) negotiation to the buyer of any negotiable document
of title covering the goods.
(3)(a) To stop delivery the seller must so notify as to
enable the bailee by reasonable diligence to prevent delivery
of the goods.
(b) After such notification the bailee must hold and
deliver the goods according to the directions of the seller but
the seller is liable to the bailee for any ensuing charges or
damages.
(c) If a negotiable document of title has been issued for
goods the bailee is not obliged to obey a notification to stop
until surrender of the document.
(d) A carrier who has issued a non-negotiable bill of lading is not obliged to obey a notification to stop received from
a person other than the consignor. [1965 ex.s. c 157 § 2-705.
Cf. former RCW sections: (i) RCW 22.04.100; 1913 c 99 §
9; RRS § 3595; prior: 1891 c 134 § 7. (ii) RCW 22.04.120;
1913 c 99 § 11; RRS § 3597; prior: 1886 p 121 § 7. (iii) RCW
22.04.500; 1913 c 99 § 49; RRS § 3635. (iv) RCW 63.04.580
through 63.04.600; 1925 ex.s. c 142 §§ 57 through 59; RRS
§§ 5836-57 through 5836-59. (v) RCW 81.32.121,
81.32.141, and 81.32.421; 1961 c 14 §§ 81.32.121,
81.32.141, and 81.32.421; prior: 1915 c 159 §§ 12, 14, and
42; RRS §§ 3658, 3660, and 3688; formerly RCW 81.32.130,
81.32.160 and 81.32.510.]
62A.2-706
62A.2-706 Seller’s resale including contract for
resale. (1) Under the conditions stated in RCW 62A.2-703
on seller’s remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is
made in good faith and in a commercially reasonable manner
the seller may recover the difference between the resale price
and the contract price together with any incidental damages
allowed under the provisions of this Article (RCW 62A.2710), but less expenses saved in consequence of the buyer’s
breach.
(2) Except as otherwise provided in subsection (3) or
unless otherwise agreed resale may be at public or private
sale including sale by way of one or more contracts to sell or
[Title 62A RCW—page 24]
of identification to an existing contract of the seller. Sale may
be as a unit or in parcels and at any time and place and on any
terms but every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable.
The resale must be reasonably identified as referring to the
broken contract, but it is not necessary that the goods be in
existence or that any or all of them have been identified to the
contract before the breach.
(3) Where the resale is at private sale the seller must give
the buyer reasonable notification of his intention to resell.
(4) Where the resale is at public sale
(a) only identified goods can be sold except where there
is a recognized market for a public sale of futures in goods of
the kind; and
(b) it must be made at a usual place or market for public
sale if one is reasonably available and except in the case of
goods which are perishable or threaten to decline in value
speedily the seller must give the buyer reasonable notice of
the time and place of the resale; and
(c) if the goods are not to be within the view of those
attending the sale the notification of sale must state the place
where the goods are located and provide for their reasonable
inspection by prospective bidders; and
(d) the seller may buy.
(5) A purchaser who buys in good faith at a resale takes
the goods free of any rights of the original buyer even though
the seller fails to comply with one or more of the requirements of this section.
(6) The seller is not accountable to the buyer for any
profit made on any resale. A person in the position of a seller
(RCW 62A.2-707) or a buyer who has rightfully rejected or
justifiably revoked acceptance must account for any excess
over the amount of his security interest, as hereinafter defined
(subsection (3) of RCW 62A.2-711). [1967 c 114 § 13; 1965
ex.s. c 157 § 2-706. Cf. former RCW 63.04.610; 1925 ex.s. c
142 § 60; RRS § 5836-60.]
Emergency—Effective date—1967 c 114: See note following RCW
62A.4-406.
62A.2-707
62A.2-707 "Person in the position of a seller". (1) A
"person in the position of a seller" includes as against a principal an agent who has paid or become responsible for the
price of goods on behalf of his principal or anyone who otherwise holds a security interest or other right in goods similar
to that of a seller.
(2) A person in the position of a seller may as provided
in this Article withhold or stop delivery (RCW 62A.2-705)
and resell (RCW 62A.2-706) and recover incidental damages
(RCW 62A.2-710). [1965 ex.s. c 157 § 2-707. Cf. former
RCW 63.04.530(2); 1925 ex.s. c 142 § 52; RRS § 5836-52.]
62A.2-708
62A.2-708 Seller’s damages for non-acceptance or
repudiation. (1) Subject to subsection (2) and to the provisions of this Article with respect to proof of market price
(RCW 62A.2-723), the measure of damages for non-acceptance or repudiation by the buyer is the difference between
the market price at the time and place for tender and the
unpaid contract price together with any incidental damages
provided in this Article (RCW 62A.2-710), but less expenses
saved in consequence of the buyer’s breach.
(2006 Ed.)
Sales
(2) If the measure of damages provided in subsection (1)
is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the
profit (including reasonable overhead) which the seller would
have made from full performance by the buyer, together with
any incidental damages provided in this Article (RCW
62A.2-710), due allowance for costs reasonably incurred and
due credit for payments or proceeds of resale. [1965 ex.s. c
157 § 2-708. Cf. former RCW 63.04.650; 1925 ex.s. c 142 §
64; RRS § 5836-64.]
62A.2-709
62A.2-709 Action for the price. (1) When the buyer
fails to pay the price as it becomes due the seller may recover,
together with any incidental damages under the next section,
the price
(a) of goods accepted or of conforming goods lost or
damaged within a commercially reasonable time after risk of
their loss has passed to the buyer; and
(b) of goods identified to the contract if the seller is
unable after reasonable effort to resell them at a reasonable
price or the circumstances reasonably indicate that such
effort will be unavailing.
(2) Where the seller sues for the price he must hold for
the buyer any goods which have been identified to the contract and are still in his control except that if resale becomes
possible he may resell them at any time prior to the collection
of the judgment. The net proceeds of any such resale must be
credited to the buyer and payment of the judgment entitles
him to any goods not resold.
(3) After the buyer has wrongfully rejected or revoked
acceptance of the goods or has failed to make a payment due
or has repudiated (RCW 62A.2-610), a seller who is held not
entitled to the price under this section shall nevertheless be
awarded damages for non-acceptance under the preceding
section. [1965 ex.s. c 157 § 2-709. Cf. former RCW
63.04.640; 1925 ex.s. c 142 § 63; RRS § 5836-63.]
62A.2-710
62A.2-710 Seller’s incidental damages. Incidental
damages to an aggrieved seller include any commercially
reasonable charges, expenses or commissions incurred in
stopping delivery, in the transportation, care and custody of
goods after the buyer’s breach, in connection with return or
resale of the goods or otherwise resulting from the breach.
[1965 ex.s. c 157 § 2-710. Cf. former RCW sections: (i)
RCW 63.04.650; 1925 ex.s. c 142 § 64; RRS § 5836-64. (ii)
RCW 63.04.710; 1925 ex.s. c 142 § 70; RRS § 5836-70.]
62A.2-714
(2) Where the seller fails to deliver or repudiates the
buyer may also
(a) if the goods have been identified recover them as provided in this Article (RCW 62A.2-502); or
(b) in a proper case obtain specific performance or
replevy the goods as provided in this Article (RCW 62A.2716).
(3) On rightful rejection or justifiable revocation of
acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and
any expenses reasonably incurred in their inspection, receipt,
transportation, care and custody and may hold such goods
and resell them in like manner as an aggrieved seller (RCW
62A.2-706). [1965 ex.s. c 157 § 2-711. Subd. (3) cf. former
RCW 63.04.700(5); 1925 ex.s. c 142 § 69; RRS § 5836-69.]
62A.2-712
62A.2-712 "Cover"; buyer’s procurement of substitute goods. (1) After a breach within the preceding section
the buyer may "cover" by making in good faith and without
unreasonable delay any reasonable purchase of or contract to
purchase goods in substitution for those due from the seller.
(2) The buyer may recover from the seller as damages
the difference between the cost of cover and the contract
price together with any incidental or consequential damages
as hereinafter defined (RCW 62A.2-715), but less expenses
saved in consequence of the seller’s breach.
(3) Failure of the buyer to effect cover within this section
does not bar him from any other remedy. [1965 ex.s. c 157 §
2-712.]
62A.2-713
62A.2-713 Buyer’s damages for non-delivery or
repudiation. (1) Subject to the provisions of this Article
with respect to proof of market price (RCW 62A.2-723), the
measure of damages for nondelivery or repudiation by the
seller is the difference between the market price at the time
when the buyer learned of the breach and the contract price
together with any incidental and consequential damages provided in this Article (RCW 62A.2-715), but less expenses
saved in consequence of the seller’s breach.
(2) Market price is to be determined as of the place for
tender or, in cases of rejection after arrival or revocation of
acceptance, as of the place of arrival. [1965 ex.s. c 157 § 2713. Cf. former RCW 63.04.680(3); 1925 ex.s. c 142 § 67;
RRS § 5836-67.]
62A.2-714
62A.2-711
62A.2-711 Buyer’s remedies in general; buyer’s
security interest in rejected goods. (1) Where the seller
fails to make delivery or repudiates or the buyer rightfully
rejects or justifiably revokes acceptance then with respect to
any goods involved, and with respect to the whole if the
breach goes to the whole contract (RCW 62A.2-612), the
buyer may cancel and whether or not he has done so may in
addition to recovering so much of the price as has been paid
(a) "cover" and have damages under the next section as
to all the goods affected whether or not they have been identified to the contract; or
(b) recover damages for non-delivery as provided in this
Article (RCW 62A.2-713).
(2006 Ed.)
62A.2-714 Buyer’s damages for breach in regard to
accepted goods. (1) Where the buyer has accepted goods
and given notification (subsection (3) of RCW 62A.2-607) he
may recover as damages for any non-conformity of tender the
loss resulting in the ordinary course of events from the
seller’s breach as determined in any manner which is reasonable.
(2) The measure of damages for breach of warranty is the
difference at the time and place of acceptance between the
value of the goods accepted and the value they would have
had if they had been as warranted, unless special circumstances show proximate damages of a different amount.
(3) In a proper case any incidental and consequential
damages under the next section may also be recovered.
[Title 62A RCW—page 25]
62A.2-715
Title 62A RCW: Uniform Commercial Code
[1965 ex.s. c 157 § 2-714. Cf. former RCW 63.04.700 (6),
(7); 1925 ex.s. c 142 § 69; RRS § 5836-69.]
62A.2-715
62A.2-715 Buyer’s incidental and consequential
damages. (1) Incidental damages resulting from the seller’s
breach include expenses reasonably incurred in inspection,
receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges,
expenses or commissions in connection with effecting cover
and any other reasonable expense incident to the delay or
other breach.
(2) Consequential damages resulting from the seller’s
breach include
(a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting
had reason to know and which could not reasonably be prevented by cover or otherwise; and
(b) injury to person or property proximately resulting
from any breach of warranty. [1965 ex.s. c 157 § 2-715.
Subd. (2) cf. former RCW sections: (i) RCW 63.04.700(7);
1925 ex.s. c 142 § 69; RRS § 5836-69. (ii) RCW 63.04.710;
1925 ex.s. c 142 § 70; RRS § 5836-70.]
62A.2-716
62A.2-716 Buyer’s right to specific performance or
replevin. (1) Specific performance may be decreed where
the goods are unique or in other proper circumstances.
(2) The decree for specific performance may include
such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.
(3) The buyer has a right of replevin for goods identified
to the contract if after reasonable effort he is unable to effect
cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have
been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of
goods bought for personal, family, or household purposes,
the buyer’s right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or
failed to deliver. [2000 c 250 § 9A-807; 1965 ex.s. c 157 § 2716. Cf. former RCW 63.04.690; 1925 ex.s. c 142 § 68; RRS
§ 5836-68.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Replevin: Chapter 7.64 RCW.
62A.2-717
62A.2-717 Deduction of damages from the price. The
buyer on notifying the seller of his intention to do so may
deduct all or any part of the damages resulting from any
breach of the contract from any part of the price still due
under the same contract. [1965 ex.s. c 157 § 2-717. Cf.
former RCW 63.04.700(1)(a); 1925 ex.s. c 142 § 69; RRS §
5836-69.]
62A.2-718
62A.2-718 Liquidation or limitation of damages;
deposits. (1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused
by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate
remedy. A term fixing unreasonably large liquidated damages is void as a penalty.
[Title 62A RCW—page 26]
(2) Where the seller justifiably withholds delivery of
goods because of the buyer’s breach, the buyer is entitled to
restitution of any amount by which the sum of his payments
exceeds
(a) the amount to which the seller is entitled by virtue of
terms liquidating the seller’s damages in accordance with
subsection (1), or
(b) in the absence of such terms, twenty per cent of the
value of the total performance for which the buyer is obligated under the contract or five hundred dollars, whichever is
smaller.
(3) The buyer’s right to restitution under subsection (2)
is subject to offset to the extent that the seller establishes
(a) a right to recover damages under the provisions of
this Article other than subsection (1), and
(b) the amount or value of any benefits received by the
buyer directly or indirectly by reason of the contract.
(4) Where a seller has received payment in goods their
reasonable value or the proceeds of their resale shall be
treated as payments for the purposes of subsection (2); but if
the seller has notice of the buyer’s breach before reselling
goods received in part performance, his resale is subject to
the conditions laid down in this Article on resale by an
aggrieved seller (RCW 62A.2-706). [1965 ex.s. c 157 § 2718.]
62A.2-719
62A.2-719 Contractual modification or limitation of
remedy. (1) Subject to the provisions of subsections (2) and
(3) of this section and of the preceding section on liquidation
and limitation of damages,
(a) the agreement may provide for remedies in addition
to or in substitution for those provided in this Article and may
limit or alter the measure of damages recoverable under this
Article, as by limiting the buyer’s remedies to return of the
goods and repayment of the price or to repair and replacement of non-conforming goods or parts; and
(b) resort to a remedy as provided is optional unless the
remedy is expressly agreed to be exclusive, in which case it is
the sole remedy.
(2) Where circumstances cause an exclusive or limited
remedy to fail of its essential purpose, remedy may be had as
provided in this Title.
(3) Limitation of consequential damages for injury to the
person in the case of goods purchased primarily for personal,
family or household use or of any services related thereto is
invalid unless it is proved that the limitation is not unconscionable. Limitation of remedy to repair or replacement of
defective parts or non-conforming goods is invalid in sales of
goods primarily for personal, family or household use unless
the manufacturer or seller maintains or provides within this
state facilities adequate to provide reasonable and expeditious performance of repair or replacement obligations.
Limitation of other consequential damages is valid
unless it is established that the limitation is unconscionable.
[1974 ex.s. c 180 § 2; 1974 ex.s. c 78 § 2; 1965 ex.s. c 157 §
2-719. Subd. (1)(a) cf. former RCW 63.04.720; 1925 ex.s. c
142 § 71; RRS § 5836-71.]
Lease or rental of personal property—Disclaimer of warranty of merchantability or fitness: RCW 63.18.010.
(2006 Ed.)
Leases
62A.2-720
62A.2-720 Effect of "cancellation" or "rescission" on
claims for antecedent breach. Unless the contrary intention
clearly appears, expressions of "cancellation" or "rescission"
of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent
breach. [1965 ex.s. c 157 § 2-720.]
Article 2A
newspapers or periodicals of general circulation published as
the reports of such market shall be admissible in evidence.
The circumstances of the preparation of such a report may be
shown to affect its weight but not its admissibility. [1965
ex.s. c 157 § 2-724.]
62A.2-725 Statute of limitations in contracts for sale.
(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has
accrued. By the original agreement the parties may reduce the
period of limitation to not less than one year but may not
extend it.
(2) A cause of action accrues when the breach occurs,
regardless of the aggrieved party’s lack of knowledge of the
breach. A breach of warranty occurs when tender of delivery
is made, except that where a warranty explicitly extends to
future performance of the goods and discovery of the breach
must await the time of such performance the cause of action
accrues when the breach is or should have been discovered.
(3) Where an action commenced within the time limited
by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action
may be commenced after the expiration of the time limited
and within six months after the termination of the first action
unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.
(4) This section does not alter the law on tolling of the
statute of limitations nor does it apply to causes of action
which have accrued before this Title becomes effective.
[1965 ex.s. c 157 § 2-725.]
62A.2-725
62A.2-721
62A.2-721 Remedies for fraud. Remedies for material
misrepresentation or fraud include all remedies available
under this Article for non-fraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent
with a claim for damages or other remedy. [1965 ex.s. c 157
§ 2-721.]
62A.2-722
62A.2-722 Who can sue third parties for injury to
goods. Where a third party so deals with goods which have
been identified to a contract for sale as to cause actionable
injury to a party to that contract
(a) a right of action against the third party is in either
party to the contract for sale who has title to or a security
interest or a special property or an insurable interest in the
goods; and if the goods have been destroyed or converted a
right of action is also in the party who either bore the risk of
loss under the contract for sale or has since the injury
assumed that risk as against the other;
(b) if at the time of the injury the party plaintiff did not
bear the risk of loss as against the other party to the contract
for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his
own interest, as a fiduciary for the other party to the contract;
(c) either party may with the consent of the other sue for
the benefit of whom it may concern. [1965 ex.s. c 157 § 2722.]
62A.2-723
62A.2-723 Proof of market price: Time and place.
(1) If an action based on anticipatory repudiation comes to
trial before the time for performance with respect to some or
all of the goods, any damages based on market price (RCW
62A.2-708 or RCW 62A.2-713) shall be determined according to the price of such goods prevailing at the time when the
aggrieved party learned of the repudiation.
(2) If evidence of a price prevailing at the times or places
described in this Article is not readily available the price prevailing within any reasonable time before or after the time
described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper
allowance for the cost of transporting the goods to or from
such other place.
(3) Evidence of a relevant price prevailing at a time or
place other than the one described in this Article offered by
one party is not admissible unless and until he has given the
other party such notice as the court finds sufficient to prevent
unfair surprise. [1965 ex.s. c 157 § 2-723.]
Limitation of actions—Tolling of statute: RCW 4.16.170 through 4.16.240.
Article 2A
Sections
PART 1
GENERAL PROVISIONS
62A.2A-101
62A.2A-102
62A.2A-103
62A.2A-104
62A.2A-105
Short title.
Scope.
Definitions and index of definitions.
Leases subject to other law.
Territorial application of article to goods covered by certificate
of title.
62A.2A-106 Limitation on power of parties to consumer lease to choose
applicable law and judicial forum.
62A.2A-107 Waiver or renunciation of claim or right after default.
62A.2A-108 Unconscionability.
PART 2
FORMATION AND CONSTRUCTION OF LEASE CONTRACT
62A.2A-201
62A.2A-202
62A.2A-203
62A.2A-204
62A.2A-205
62A.2A-206
62A.2A-207
62A.2A-208
62A.2A-209
62A.2A-210
62A.2A-211
62A.2-724
62A.2-724 Admissibility of market quotations.
Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is
in issue, reports in official publications or trade journals or in
(2006 Ed.)
Article 2A
LEASES
62A.2A-212
62A.2A-213
62A.2A-214
62A.2A-215
62A.2A-216
Statute of frauds.
Final written expression: Parol or extrinsic evidence.
Seals inoperative.
Formation in general.
Firm offers.
Offer and acceptance in formation of lease contract.
Course of performance or practical construction.
Modification, rescission, and waiver.
Lessee under finance lease as beneficiary of supply contract.
Express warranties.
Warranties against interference and against infringement; lessee’s obligation against infringement.
Implied warranty of merchantability.
Implied warranty of fitness for particular purpose.
Exclusion or modification of warranties.
Cumulation and conflict of warranties express or implied.
Third party beneficiaries of express and implied warranties.
[Title 62A RCW—page 27]
62A.2A-101
62A.2A-217
62A.2A-218
62A.2A-219
62A.2A-220
62A.2A-221
Title 62A RCW: Uniform Commercial Code
Identification.
Insurance and proceeds.
Risk of loss.
Effect of default on risk of loss.
Casualty to identified goods.
PART 3
EFFECT OF LEASE CONTRACT
62A.2A-301 Enforceability of lease contract.
62A.2A-302 Title to and possession of goods.
62A.2A-303 Alienability of party’s interest under lease contract or of lessor’s residual interest in goods; delegation of performance;
transfer of rights.
62A.2A-304 Subsequent lease of goods by lessor.
62A.2A-305 Sale or sublease of goods by lessee.
62A.2A-306 Priority of certain liens arising by operation of law.
62A.2A-307 Priority of liens arising by attachment or levy on, security
interests in, and other claims to goods.
62A.2A-308 Special rights of creditors.
62A.2A-309 Lessor’s and lessee’s rights when goods become fixtures.
62A.2A-310 Lessor’s and lessee’s rights when goods become accessions.
62A.2A-311 Priority subject to subordination.
PART 4
PERFORMANCE OF LEASE CONTRACT:
REPUDIATED, SUBSTITUTED, AND EXCUSED
62A.2A-401
62A.2A-402
62A.2A-403
62A.2A-404
62A.2A-405
62A.2A-406
62A.2A-407
Insecurity: Adequate assurance of performance.
Anticipatory repudiation.
Retraction of anticipatory repudiation.
Substituted performance.
Excused performance.
Procedure on excused performance.
Irrevocable promises: Finance leases.
PART 5
A. DEFAULT IN GENERAL
62A.2A-501
62A.2A-502
62A.2A-503
62A.2A-504
62A.2A-505
Default: Procedure.
Notice after default.
Modification or impairment of rights and remedies.
Liquidation of damages.
Cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies.
62A.2A-506 Statute of limitations.
62A.2A-507 Proof of market rent: Time and place.
B. DEFAULT BY LESSOR
62A.2A-508
62A.2A-509
62A.2A-510
62A.2A-511
62A.2A-512
62A.2A-513
62A.2A-514
62A.2A-515
62A.2A-516
62A.2A-517
62A.2A-518
62A.2A-519
62A.2A-520
62A.2A-521
62A.2A-522
Lessee’s remedies.
Lessee’s rights on improper delivery; rightful rejection.
Installment lease contracts: Rejection and default.
Merchant lessee’s duties as to rightfully rejected goods.
Lessee’s duties as to rightfully rejected goods.
Cure by lessor of improper tender or delivery; replacement.
Waiver of lessee’s objections.
Acceptance of goods.
Effect of acceptance of goods; notice of default; burden of
establishing default after acceptance; notice of claim or litigation to person answerable over.
Revocation of acceptance of goods.
Cover; substitute goods.
Lessee’s damages for nondelivery, repudiation, default, and
breach of warranty in regard to accepted goods.
Lessee’s incidental and consequential damages.
Lessee’s right to specific performance or replevin.
Lessee’s right to goods on lessor’s insolvency.
C. DEFAULT BY LESSEE
62A.2A-523
62A.2A-524
62A.2A-525
62A.2A-526
62A.2A-527
62A.2A-528
62A.2A-529
62A.2A-530
62A.2A-531
62A.2A-532
Lessor’s remedies.
Lessor’s right to identify goods to lease contract.
Lessor’s right to possession of goods.
Lessor’s stoppage of delivery in transit or otherwise.
Lessor’s rights to dispose of goods.
Lessor’s damages for nonacceptance, failure to pay, repudiation, or other default.
Lessor’s action for the rent.
Lessor’s incidental damages.
Standing to sue third parties for injury to goods.
Lessor’s rights to residual interest.
[Title 62A RCW—page 28]
PART 1
GENERAL PROVISIONS
62A.2A-101
62A.2A-101 Short title. This Article shall be known
and may be cited as the Uniform Commercial Code—Leases.
[1993 c 230 § 2A-101.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-102
62A.2A-102 Scope. This Article applies to any transaction, regardless of form, that creates a lease. [1993 c 230 §
2A-102.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-103
62A.2A-103 Definitions and index of definitions. (1)
In this Article unless the context otherwise requires:
(a) "Buyer in ordinary course of business" means a person who in good faith and without knowledge that the sale to
him or her is in violation of the ownership rights or security
interest or leasehold interest of a third party in the goods buys
in ordinary course from a person in the business of selling
goods of that kind but does not include a pawnbroker. "Buying" may be for cash, or by exchange of other property, or on
secured or unsecured credit, and includes receiving goods or
documents of title under a preexisting contract for sale but
does not include a transfer in bulk or as security for or in total
or partial satisfaction of a money debt.
(b) "Cancellation" occurs when either party puts an end
to the lease contract for default by the other party.
(c) "Commercial unit" means such a unit of goods as by
commercial usage is a single whole for purposes of lease and
division of which materially impairs its character or value on
the market or in use. A commercial unit may be a single article, as a machine, or a set of articles, as a suite of furniture or
a line of machinery, or a quantity, as a gross or carload, or any
other unit treated in use or in the relevant market as a single
whole.
(d) "Conforming" goods or performance under a lease
contract means goods or performance that are in accordance
with the obligations under the lease contract.
(e) "Consumer lease" means a lease that a lessor regularly engaged in the business of leasing or selling makes to a
lessee who is an individual who takes under the lease primarily for a personal, family, or household purpose, if the total
payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed twenty-five
thousand dollars.
(f) "Fault" means wrongful act, omission, breach, or
default.
(g) "Finance lease" means a lease with respect to which:
(i) The lessor does not select, manufacture, or supply the
goods;
(ii) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and
(iii) Only in the case of a consumer lease, either:
(A) The lessee receives a copy of the contract by which
the lessor acquired the goods or the right to possession and
use of the goods before signing the lease contract;
(B) The lessee’s approval of the contract by which the
lessor acquired the goods or the right to possession and use of
(2006 Ed.)
Leases
the goods is a condition to effectiveness of the lease contract;
or
(C) The lessee, before signing the lease contract,
receives an accurate and complete statement designating the
promises and warranties, and any disclaimers of warranties,
limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract
by which the lessor acquired the goods or the right to possession and use of the goods.
(h) "Goods" means all things that are movable at the time
of identification to the lease contract, or are fixtures (RCW
62A.2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before
extraction. The term also includes the unborn young of animals.
(i) "Installment lease contract" means a lease contract
that authorizes or requires the delivery of goods in separate
lots to be separately accepted, even though the lease contract
contains a clause "each delivery is a separate lease" or its
equivalent.
(j) "Lease" means a transfer of the right to possession
and use of goods for a term in return for consideration, but a
sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. Unless the
context clearly indicates otherwise, the term includes a sublease.
(k) "Lease agreement" means the bargain, with respect to
the lease, of the lessor and the lessee in fact as found in their
language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Article. Unless the context clearly
indicates otherwise, the term includes a sublease agreement.
(l) "Lease contract" means the total legal obligation that
results from the lease agreement as affected by this Article
and any other applicable rules of law. Unless the context
clearly indicates otherwise, the term includes a sublease contract.
(m) "Leasehold interest" means the interest of the lessor
or the lessee under a lease contract.
(n) "Lessee" means a person who acquires the right to
possession and use of goods under a lease. Unless the context
clearly indicates otherwise, the term includes a sublessee.
(o) "Lessee in ordinary course of business" means a person who in good faith and without knowledge that the lease to
him or her is in violation of the ownership rights or security
interest or leasehold interest of a third party in the goods,
leases in ordinary course from a person in the business of
selling or leasing goods of that kind, but does not include a
pawnbroker. "Leasing" may be for cash, or by exchange of
other property, or on secured or unsecured credit and includes
receiving goods or documents of title under a preexisting
lease contract but does not include a transfer in bulk or as
security for or in total or partial satisfaction of a money debt.
(2006 Ed.)
62A.2A-103
(p) "Lessor" means a person who transfers the right to
possession and use of goods under a lease. Unless the context
clearly indicates otherwise, the term includes a sublessor.
(q) "Lessor’s residual interest" means the lessor’s interest in the goods after expiration, termination, or cancellation
of the lease contract.
(r) "Lien" means a charge against or interest in goods to
secure payment of a debt or performance of an obligation, but
the term does not include a security interest.
(s) "Lot" means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is
sufficient to perform the lease contract.
(t) "Merchant lessee" means a lessee that is a merchant
with respect to goods of the kind subject to the lease.
(u) "Present value" means the amount as of a date certain
of one or more sums payable in the future, discounted to the
date certain. The discount is determined by the interest rate
specified by the parties if the rate was not manifestly unreasonable at the time the transaction was entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances
of each case at the time the transaction was entered into.
(v) "Purchase" includes taking by sale, lease, mortgage,
security interest, pledge, gift, or any other voluntary transaction creating an interest in goods.
(w) "Sublease" means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease.
(x) "Supplier" means a person from whom a lessor buys
or leases goods to be leased under a finance lease.
(y) "Supply contract" means a contract under which a
lessor buys or leases goods to be leased.
(z) "Termination" occurs when either party pursuant to a
power created by agreement or law puts an end to the lease
contract otherwise than for default.
(2) Other definitions applying to this Article or to specified Parts thereof, and the sections in which they appear are:
"Accessions."
RCW 62A.2A-310(1).
"Construction mortgage."
RCW 62A.2A-309(1)(d).
"Encumbrance."
RCW 62A.2A-309(1)(e).
"Fixtures."
RCW 62A.2A-309(1)(a).
"Fixture filing."
RCW 62A.2A-309(1)(b).
"Purchase money lease." RCW 62A.2A-309(1)(c).
(3) The following definitions in other Articles apply to
this Article:
"Account."
RCW 62A.9A-102(a)(2).
"Between merchants." RCW 62A.2-104(3).
"Buyer."
RCW 62A.2-103(1)(a).
"Chattel paper."
RCW 62A.9A-102(a)(11).
"Consumer goods."
RCW 62A.9A-102(a)(23).
"Document."
RCW 62A.9A-102(a)(30).
"Entrusting."
RCW 62A.2-403(3).
"General intangible."
RCW 62A.9A-102(a)(42).
"Good faith."
RCW 62A.2-103(1)(b).
"Instrument."
RCW 62A.9A-102(a)(47).
"Merchant."
RCW 62A.2-104(1).
"Mortgage."
RCW 62A.9A-102(a)(55).
"Pursuant to commitment."
RCW 62A.9A-102(a)(68).
"Receipt."
RCW 62A.2-103(1)(c).
[Title 62A RCW—page 29]
62A.2A-104
Title 62A RCW: Uniform Commercial Code
"Sale."
RCW 62A.2-106(1).
"Sale on approval."
RCW 62A.2-326.
"Sale or return."
RCW 62A.2-326.
"Seller."
RCW 62A.2-103(1)(d).
(4) In addition, Article 62A.1 RCW contains general definitions and principles of construction and interpretation
applicable throughout this Article. [2000 c 250 § 9A-808;
1993 c 230 § 2A-103.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-104
62A.2A-104 Leases subject to other law. (1) A lease,
although subject to this Article, is also subject to any applicable:
(a) Certificate of title statute of this state (chapters 46.12
and 88.02 RCW);
(b) Certificate of title statute of another jurisdiction
(RCW 62A.2A-105); or
(c) Consumer protection statute of this state.
(2) In case of conflict between this Article, other than
RCW 62A.2A-105, 62A.2A-304(3), and 62A.2A-305(3), and
a statute referred to in subsection (1) of this section, the statute or decision controls.
(3) Failure to comply with an applicable law has only the
effect specified therein. [1993 c 230 § 2A-104.]
default or breach of warranty may be discharged in whole or
in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party. [1993 c
230 § 2A-107.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-108
62A.2A-108 Unconscionability. (1) If the court as a
matter of law finds a lease contract or any clause of a lease
contract to have been unconscionable at the time it was made
the court may refuse to enforce the lease contract, or it may
enforce the remainder of the lease contract without the
unconscionable clause, or it may so limit the application of
any unconscionable clause as to avoid any unconscionable
result.
(2) If a party claims that, or it appears to the court that,
the lease contract or a clause within the contract may be
unconscionable, the court shall allow a reasonable opportunity to present evidence as to the lease or clause’s commercial setting, purpose, and effect to aid the court in making the
determination. [1993 c 230 § 2A-108.]
Effective date—1993 c 230: See RCW 62A.11-110.
PART 2
FORMATION AND CONSTRUCTION OF
LEASE CONTRACT
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-201
62A.2A-105
62A.2A-105 Territorial application of article to
goods covered by certificate of title. Subject to the provisions of RCW 62A.2A-304(3) and 62A.2A-305(3), with
respect to goods covered by a certificate of title issued under
a statute of this state or of another jurisdiction, compliance
and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the
conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of (a) surrender of the certificate, or (b)
four months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by
another jurisdiction. [1993 c 230 § 2A-105.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-106
62A.2A-106 Limitation on power of parties to consumer lease to choose applicable law and judicial forum.
(1) If the law chosen by the parties to a consumer lease is that
of a jurisdiction other than a jurisdiction (a) in which the lessee resides at the time the lease agreement becomes enforceable or within thirty days thereafter, (b) in which the goods
are to be used, or (c) in which the lessee executes the lease,
the choice is not enforceable.
(2) If the judicial forum or the forum for dispute resolution chosen by the parties to a consumer lease is a jurisdiction
other than a jurisdiction (a) in which the lessee resides at the
time the lease agreement becomes enforceable or within
thirty days thereafter, (b) in which the goods are to be used,
or (c) in which the lease is executed by the lessee, the choice
is not enforceable. [1993 c 230 § 2A-106.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-107
62A.2A-107 Waiver or renunciation of claim or right
after default. Any claim or right arising out of an alleged
[Title 62A RCW—page 30]
62A.2A-201 Statute of frauds. (1) A lease contract is
not enforceable by way of action or defense unless:
(a) The total payments to be made under the lease contract, excluding payments for options to renew or buy, are
less than one thousand dollars; or
(b) There is a writing, signed by the party against whom
enforcement is sought or by that party’s authorized agent,
sufficient to indicate that a lease contract has been made
between the parties and to describe the goods leased and the
lease term.
(2) Any description of leased goods or of the lease term
is sufficient and satisfies subsection (1)(b) of this section,
whether or not it is specific, if it reasonably identifies what is
described.
(3) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not
enforceable under subsection (1)(b) of this section beyond
the lease term and the quantity of goods shown in the writing.
(4) A lease contract that does not satisfy the requirements of subsection (1) of this section, but which is valid in
other respects, is enforceable:
(a) If the goods are to be specially manufactured or
obtained for the lessee and are not suitable for lease or sale to
others in the ordinary course of the lessor’s business, and the
lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the
lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;
(b) If the party against whom enforcement is sought
admits in that party’s pleading, testimony, or otherwise in
court that a lease contract was made, but the lease contract is
not enforceable under this provision beyond the quantity of
goods admitted; or
(2006 Ed.)
Leases
(c) With respect to goods that have been received and
accepted by the lessee.
(5) The lease term under a lease contract referred to in
subsection (4) of this section is:
(a) If there is a writing signed by the party against whom
enforcement is sought or by that party’s authorized agent
specifying the lease term, the term so specified;
(b) If the party against whom enforcement is sought
admits in that party’s pleading, testimony, or otherwise in
court a lease term, the term so admitted; or
(c) A reasonable lease term. [1993 c 230 § 2A-201.]
62A.2A-209
62A.2A-206
62A.2A-206 Offer and acceptance in formation of
lease contract. (1) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a
lease contract must be construed as inviting acceptance in
any manner and by any medium reasonable in the circumstances.
(2) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of
acceptance within a reasonable time may treat the offer as
having lapsed before acceptance. [1993 c 230 § 2A-206.]
Effective date—1993 c 230: See RCW 62A.11-110.
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-207
62A.2A-202
62A.2A-202 Final written expression: Parol or
extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final
expression of their agreement with respect to such terms as
are included therein may not be contradicted by evidence of
any prior agreement or of a contemporaneous oral agreement
but may be explained or supplemented:
(1) By course of dealing or usage of trade or by course of
performance; and
(2) By evidence of consistent additional terms unless the
court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.
[1993 c 230 § 2A-202.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-203
62A.2A-203 Seals inoperative. The affixing of a seal
to a writing evidencing a lease contract or an offer to enter
into a lease contract does not render the writing a sealed
instrument and the law with respect to sealed instruments
does not apply to the lease contract or offer. [1993 c 230 §
2A-203.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-204
62A.2A-204 Formation in general. (1) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the
existence of a lease contract.
(2) An agreement sufficient to constitute a lease contract
may be found although the moment of its making is undetermined.
(3) Although one or more terms are left open, a lease
contract does not fail for indefiniteness if the parties have
intended to make a lease contract and there is a reasonably
certain basis for giving an appropriate remedy. [1993 c 230 §
2A-204.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-207 Course of performance or practical construction. (1) If a lease contract involves repeated occasions
for performance by either party with knowledge of the nature
of the performance and opportunity for objection to it by the
other, any course of performance accepted or acquiesced in
without objection is relevant to determine the meaning of the
lease agreement.
(2) The express terms of a lease agreement and any
course of performance, as well as any course of dealing and
usage of trade, must be construed whenever reasonable as
consistent with each other; but if that construction is unreasonable, express terms control course of performance, course
of performance controls both course of dealing and usage of
trade, and course of dealing controls usage of trade.
(3) Subject to the provisions of RCW 62A.2A-208 on
modification and waiver, course of performance is relevant to
show a waiver or modification of any term inconsistent with
the course of performance. [1993 c 230 § 2A-207.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-208
62A.2A-208 Modification, rescission, and waiver. (1)
An agreement modifying a lease contract needs no consideration to be binding.
(2) A signed lease agreement that excludes modification
or rescission except by a signed writing may not be otherwise
modified or rescinded, but, except as between merchants,
such a requirement on a form supplied by a merchant must be
separately signed by the other party.
(3) Although an attempt at modification or rescission
does not satisfy the requirements of subsection (2) of this section, it may operate as a waiver.
(4) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the
retraction would be unjust in view of a material change of
position in reliance on the waiver. [1993 c 230 § 2A-208.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-205
62A.2A-205 Firm offers. An offer by a merchant to
lease goods to or from another person in a signed writing that
by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if
no time is stated, for a reasonable time, but in no event may
the period of irrevocability exceed three months. Any such
term of assurance on a form supplied by the offeree must be
separately signed by the offeror. [1993 c 230 § 2A-205.]
Effective date—1993 c 230: See RCW 62A.11-110.
(2006 Ed.)
62A.2A-209
62A.2A-209 Lessee under finance lease as beneficiary of supply contract. (1) The benefit of a supplier’s
promises to the lessor under the supply contract and of all
warranties, whether express or implied, including those of
any third party provided in connection with or as part of the
supply contract, extends to the lessee to the extent of the lessee’s leasehold interest under a finance lease related to the
supply contract, but is subject to the terms of the warranty
[Title 62A RCW—page 31]
62A.2A-210
Title 62A RCW: Uniform Commercial Code
and of the supply contract and all defenses or claims arising
therefrom.
(2) The extension of the benefit of a supplier’s promises
and of warranties to the lessee (RCW 62A.2A-209(1)) does
not: (i) Modify the rights and obligations of the parties to the
supply contract, whether arising therefrom or otherwise, or
(ii) impose any duty or liability under the supply contract on
the lessee.
(3) Any modification or rescission of the supply contract
by the supplier and the lessor is effective between the supplier and the lessee unless, before the modification or rescission, the supplier has received notice that the lessee has
entered into a finance lease related to the supply contract. If
the modification or rescission is effective between the supplier and the lessee, the lessor is deemed to have assumed, in
addition to the obligations of the lessor to the lessee under the
lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and
were available to the lessee before modification or rescission.
(4) In addition to the extension of the benefit of the supplier’s promises and of warranties to the lessee under subsection (1) of this section, the lessee retains all rights that the lessee may have against the supplier which arise from an agreement between the lessee and the supplier or under other law.
[1993 c 230 § 2A-209.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-210
62A.2A-210 Express warranties. (1) Express warranties by the lessor are created as follows:
(a) Any affirmation of fact or promise made by the lessor
to the lessee which relates to the goods and becomes part of
the basis of the bargain creates an express warranty that the
goods will conform to the affirmation or promise.
(b) Any description of the goods which is made part of
the basis of the bargain creates an express warranty that the
goods will conform to the description.
(c) Any sample or model that is made part of the basis of
the bargain creates an express warranty that the whole of the
goods will conform to the sample or model.
(2) It is not necessary to the creation of an express warranty that the lessor use formal words, such as "warrant" or
"guarantee," or that the lessor have a specific intention to
make a warranty, but an affirmation merely of the value of
the goods or a statement purporting to be merely the lessor’s
opinion or commendation of the goods does not create a warranty. [1993 c 230 § 2A-210.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-211
62A.2A-211 Warranties against interference and
against infringement; lessee’s obligation against infringement. (1) There is in a lease contract a warranty that for the
lease term no person holds a claim to or interest in the goods
that arose from an act or omission of the lessor, other than a
claim by way of infringement or the like, which will interfere
with the lessee’s enjoyment of its leasehold interest.
(2) Except in a finance lease there is in a lease contract
by a lessor who is a merchant regularly dealing in goods of
the kind a warranty that the goods are delivered free of the
rightful claim of any person by way of infringement or the
like.
[Title 62A RCW—page 32]
(3) A lessee who furnishes specifications to a lessor or a
supplier shall hold the lessor and the supplier harmless
against any claim by way of infringement or the like that
arises out of compliance with the specifications. [1993 c 230
§ 2A-211.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-212
62A.2A-212 Implied warranty of merchantability.
(1) Except in a finance lease, a warranty that the goods will
be merchantable is implied in a lease contract if the lessor is
a merchant with respect to goods of that kind.
(2) Goods to be merchantable must be at least such as:
(a) Pass without objection in the trade under the description in the lease agreement;
(b) In the case of fungible goods, are of fair average
quality within the description;
(c) Are fit for the ordinary purposes for which goods of
that type are used;
(d) Run, within the variation permitted by the lease
agreement, of even kind, quality, and quantity within each
unit and among all units involved;
(e) Are adequately contained, packaged, and labeled as
the lease agreement may require; and
(f) Conform to any promises or affirmations of fact made
on the container or label.
(3) Other implied warranties may arise from course of
dealing or usage of trade. [1993 c 230 § 2A-212.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-213
62A.2A-213 Implied warranty of fitness for particular purpose. Except in a finance lease, if the lessor at the
time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the
lessee is relying on the lessor’s skill or judgment to select or
furnish suitable goods, there is in the lease contract an
implied warranty that the goods will be fit for that purpose.
[1993 c 230 § 2A-213.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-214
62A.2A-214 Exclusion or modification of warranties.
(1) Words or conduct relevant to the creation of an express
warranty and words or conduct tending to negate or limit a
warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of RCW
62A.2A-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is
unreasonable.
(2) Subject to subsection (3) of this section, to exclude or
modify the implied warranty of merchantability or any part of
it the language must mention "merchantability," be by a writing, and be conspicuous. Subject to subsection (3) of this section, to exclude or modify any implied warranty of fitness the
exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient
if it is in writing, is conspicuous and states, for example,
"There is no warranty that the goods will be fit for a particular
purpose."
(3) Notwithstanding subsection (2) of this section, but
subject to subsection (4) of this section:
(2006 Ed.)
Leases
(a) Unless the circumstances indicate otherwise, all
implied warranties are excluded by expressions like "as is,"
or "with all faults," or by other language that in common
understanding calls the lessee’s attention to the exclusion of
warranties and makes plain that there is no implied warranty,
if in writing and conspicuous;
(b) If the lessee before entering into the lease contract
has examined the goods or the sample or model as fully as
desired or has refused to examine the goods, there is no
implied warranty with regard to defects that an examination
ought in the circumstances to have revealed; and
(c) An implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of
trade.
(4) To exclude or modify a warranty against interference
or against infringement (RCW 62A.2A-211) or any part of it,
the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee
reason to know that the goods are being leased subject to a
claim or interest of any person. [1993 c 230 § 2A-214.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-215
62A.2A-215 Cumulation and conflict of warranties
express or implied. Warranties, whether express or implied,
must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention
of the parties determines which warranty is dominant. In
ascertaining that intention the following rules apply:
(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.
(b) A sample from an existing bulk displaces inconsistent general language of description.
(c) Express warranties displace inconsistent implied
warranties other than an implied warranty of fitness for a particular purpose. [1993 c 230 § 2A-215.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-216
62A.2A-216 Third party beneficiaries of express and
implied warranties. A warranty to or for the benefit of a lessee under this Article, whether express or implied, extends to
any natural person who is in the family or household of the
lessee or who is a guest in the lessee’s home if it is reasonable
to expect that such person may use, consume, or be affected
by the goods and who is injured in person by breach of the
warranty. This section does not displace principles of law and
equity that extend a warranty to or for the benefit of a lessee
to other persons. The operation of this section may not be
excluded, modified, or limited, but an exclusion, modification, or limitation of the warranty, including any with respect
to rights and remedies, effective against the lessee is also
effective against any beneficiary designated under this section. [1993 c 230 § 2A-216.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-217
62A.2A-217 Identification. Identification of goods as
goods to which a lease contract refers may be made at any
time and in any manner explicitly agreed to by the parties. In
the absence of explicit agreement, identification occurs:
(2006 Ed.)
62A.2A-219
(a) When the lease contract is made if the lease contract
is for a lease of goods that are existing and identified;
(b) When the goods are shipped, marked, or otherwise
designated by the lessor as goods to which the lease contract
refers, if the lease contract is for a lease of goods that are not
existing and identified; or
(c) When the young are conceived, if the lease contract is
for a lease of unborn young of animals. [1993 c 230 § 2A217.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-218
62A.2A-218 Insurance and proceeds. (1) A lessee
obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are
nonconforming and the lessee has an option to reject them.
(2) If a lessee has an insurable interest only by reason of
the lessor’s identification of the goods, the lessor, until
default or insolvency or notification to the lessee that identification is final, may substitute other goods for those identified.
(3) Notwithstanding a lessee’s insurable interest under
subsections (1) and (2) of this section, the lessor retains an
insurable interest until an option to buy has been exercised by
the lessee and risk of loss has passed to the lessee.
(4) Nothing in this section impairs any insurable interest
recognized under any other statute or rule of law.
(5) The parties by agreement may determine that one or
more parties have an obligation to obtain and pay for insurance covering the goods and by agreement may determine the
beneficiary of the proceeds of the insurance. [1993 c 230 §
2A-218.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-219
62A.2A-219 Risk of loss. (1) Except in the case of a
finance lease, risk of loss is retained by the lessor and does
not pass to the lessee. In the case of a finance lease, risk of
loss passes to the lessee.
(2) Subject to the provisions of this Article on the effect
of default on risk of loss (RCW 62A.2A-220), if risk of loss
is to pass to the lessee and the time of passage is not stated,
the following rules apply:
(a) If the lease contract requires or authorizes the goods
to be shipped by carrier:
(i) And it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are
duly delivered to the carrier; but
(ii) If it does require delivery at a particular destination
and the goods are there duly tendered while in the possession
of the carrier, the risk of loss passes to the lessee when the
goods are there duly so tendered as to enable the lessee to
take delivery.
(b) If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on
acknowledgment by the bailee of the lessee’s right to possession of the goods.
(c) In any case not within subsection (2)(a) or (b) of this
section, the risk of loss passes to the lessee on the lessee’s
receipt of the goods if the lessor, or, in the case of a finance
lease, the supplier, is a merchant; otherwise the risk passes to
the lessee on tender of delivery. [1993 c 230 § 2A-219.]
[Title 62A RCW—page 33]
62A.2A-220
Title 62A RCW: Uniform Commercial Code
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-220
62A.2A-220 Effect of default on risk of loss. (1)
Where risk of loss is to pass to the lessee and the time of passage is not stated:
(a) If a tender or delivery of goods so fails to conform to
the lease contract as to give a right of rejection, the risk of
their loss remains with the lessor, or, in the case of a finance
lease, the supplier, until cure or acceptance.
(b) If the lessee rightfully revokes acceptance, he or she,
to the extent of any deficiency in his or her effective insurance coverage, may treat the risk of loss as having remained
with the lessor from the beginning.
(2) Whether or not risk of loss is to pass to the lessee, if
the lessee as to conforming goods already identified to a lease
contract repudiates or is otherwise in default under the lease
contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in his or her effective
insurance coverage may treat the risk of loss as resting on the
lessee for a commercially reasonable time. [1993 c 230 § 2A220.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-221
62A.2A-221 Casualty to identified goods. If a lease
contract requires goods identified when the lease contract is
made, and the goods suffer casualty without fault of the lessee, the lessor or the supplier, before delivery, or the goods
suffer casualty before risk of loss passes to the lessee pursuant to the lease agreement or RCW 62A.2A-219, then:
(a) If the loss is total, the lease contract is avoided; and
(b) If the loss is partial or the goods have so deteriorated
as to no longer conform to the lease contract, the lessee may
nevertheless demand inspection and at his or her option either
treat the lease contract as avoided or, except in a finance
lease, accept the goods with due allowance from the rent payable for the balance of the lease term for the deterioration or
the deficiency in quantity but without further right against the
lessor. [1993 c 230 § 2A-221.]
Effective date—1993 c 230: See RCW 62A.11-110.
PART 3
EFFECT OF LEASE CONTRACT
62A.2A-301
62A.2A-301 Enforceability of lease contract. Except
as otherwise provided in this Article, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of
the parties. [1993 c 230 § 2A-301.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-302
62A.2A-302 Title to and possession of goods. Except
as otherwise provided in this Article, each provision of this
Article applies whether the lessor or a third party has title to
the goods, and whether the lessor, the lessee, or a third party
has possession of the goods, notwithstanding any statute or
rule of law that possession or the absence of possession is
fraudulent. [1993 c 230 § 2A-302.]
Effective date—1993 c 230: See RCW 62A.11-110.
[Title 62A RCW—page 34]
62A.2A-303
62A.2A-303 Alienability of party’s interest under
lease contract or of lessor’s residual interest in goods; delegation of performance; transfer of rights. (1) As used in
this section, "creation of a security interest" includes the sale
of a lease contract that is subject to Article 9A, Secured
Transactions, by reason of RCW 62A.9A-109(a)(3).
(2) Except as provided in subsection (3) of this section
and RCW 62A.9A-407, a provision in a lease agreement
which (a) prohibits the voluntary or involuntary transfer,
including a transfer by sale, sublease, creation or enforcement of a security interest, or attachment, levy, or other judicial process, of an interest of a party under the lease contract
or of the lessor’s residual interest in the goods, or (b) makes
such a transfer an event of default, gives rise to the rights and
remedies provided in subsection (4) of this section, but a
transfer that is prohibited or is an event of default under the
lease agreement is otherwise effective.
(3) A provision in a lease agreement which (a) prohibits
a transfer of a right to damages for default with respect to the
whole lease contract or of a right to payment arising out of the
transferor’s due performance of the transferor’s entire obligation, or (b) makes such a transfer an event of default, is not
enforceable, and such a transfer is not a transfer that materially impairs the prospect of obtaining return performance by,
materially changes the duty of, or materially increases the
burden or risk imposed on, the other party to the lease contract within the purview of subsection (4) of this section.
(4) Subject to subsection (3) of this section and RCW
62A.9A-407:
(a) If a transfer is made which is made an event of default
under a lease agreement, the party to the lease contract not
making the transfer, unless that party waives the default or
otherwise agrees, has the rights and remedies described in
RCW 62A.2A-501(2);
(b) If subsection (4)(a) of this section is not applicable
and if a transfer is made that (i) is prohibited under a lease
agreement or (ii) materially impairs the prospect of obtaining
return performance by, materially changes the duty of, or
materially increases the burden or risk imposed on, the other
party to the lease contract, unless the party not making the
transfer agrees at any time to the transfer in the lease contract
or otherwise, then, except as limited by contract, (A) the
transferor is liable to the party not making the transfer for
damages caused by the transfer to the extent that the damages
could not reasonably be prevented by the party not making
the transfer and (B) a court having jurisdiction may grant
other appropriate relief, including cancellation of the lease
contract or an injunction against the transfer.
(5) A transfer of "the lease" or of "all my rights under the
lease," or a transfer in similar general terms, is a transfer of
rights and, unless the language or the circumstances, as in a
transfer for security, indicate the contrary, the transfer is a
delegation of duties by the transferor to the transferee.
Acceptance by the transferee constitutes a promise by the
transferee to perform those duties. The promise is enforceable by either the transferor or the other party to the lease
contract.
(6) Unless otherwise agreed by the lessor and the lessee,
a delegation of performance does not relieve the transferor as
against the other party of any duty to perform or of any liability for default.
(2006 Ed.)
Leases
(7) In a consumer lease, to prohibit the transfer of an
interest of a party under the lease contract or to make a transfer an event of default, the language must be specific, by a
writing, and conspicuous. [2001 c 32 § 10; 2000 c 250 § 9A809; 1993 c 230 § 2A-303.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Effective date—2000 c 250: See RCW 62A.9A-701.
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-304
62A.2A-304 Subsequent lease of goods by lessor. (1)
Subject to RCW 62A.2A-303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the
extent of the leasehold interest transferred, the leasehold
interest in the goods that the lessor had or had power to transfer, and except as provided in subsection (2) of this section
and RCW 62A.2A-527(4), takes subject to the existing lease
contract. A lessor with voidable title has power to transfer a
good leasehold interest to a good faith subsequent lessee for
value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of
purchase, the lessor has that power even though:
(a) The lessor’s transferor was deceived as to the identity
of the lessor;
(b) The delivery was in exchange for a check which is
later dishonored;
(c) It was agreed that the transaction was to be a "cash
sale"; or
(d) The delivery was procured through fraud punishable
as larcenous under the criminal law.
(2) A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that
kind to whom the goods were entrusted by the existing lessee
of that lessor before the interest of the subsequent lessee
became enforceable against that lessor obtains, to the extent
of the leasehold interest transferred, all of that lessor’s and
the existing lessee’s rights to the goods, and takes free of the
existing lease contract.
(3) A subsequent lessee from the lessor of goods that are
subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another
jurisdiction takes no greater rights than those provided both
by this section and by the certificate of title statute. [1993 c
230 § 2A-304.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-305
62A.2A-305 Sale or sublease of goods by lessee. (1)
Subject to the provisions of RCW 62A.2A-303, a buyer or
sublessee from the lessee of goods under an existing lease
contract obtains, to the extent of the interest transferred, the
leasehold interest in the goods that the lessee had or had
power to transfer, and except as provided in subsection (2) of
this section and RCW 62A.2A-511(4), takes subject to the
existing lease contract. A lessee with a voidable leasehold
interest has power to transfer a good leasehold interest to a
good faith buyer for value or a good faith sublessee for value,
but only to the extent set forth in the preceding sentence.
When goods have been delivered under a transaction of lease
the lessee has that power even though:
(a) The lessor was deceived as to the identity of the lessee;
(2006 Ed.)
62A.2A-308
(b) The delivery was in exchange for a check which is
later dishonored; or
(c) The delivery was procured through fraud punishable
as larcenous under the criminal law.
(2) A buyer in the ordinary course of business or a
sublessee in the ordinary course of business from a lessee
who is a merchant dealing in goods of that kind to whom the
goods were entrusted by the lessor obtains, to the extent of
the interest transferred, all of the lessor’s and lessee’s rights
to the goods, and takes free of the existing lease contract.
(3) A buyer or sublessee from the lessee of goods that are
subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another
jurisdiction takes no greater rights than those provided both
by this section and by the certificate of title statute. [1993 c
230 § 2A-305.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-306
62A.2A-306 Priority of certain liens arising by operation of law. (a) "Possessory lien." In this section, "possessory lien" has the meaning defined in RCW 62A.9A-333.
(b) Priority of possessory lien. A possessory lien on
goods subject to a lease contract has priority over any interest
of the lessor or the lessee under the lease contract or this Article only if the lien is created by a statute that expressly so provides.
(c) A preparer lien or processor lien properly created
pursuant to chapter 60.13 RCW or a depositor’s lien created
pursuant to chapter 22.09 RCW takes priority over any perfected or unperfected security interest. [2001 c 32 § 11; 1993
c 230 § 2A-306.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-307
62A.2A-307 Priority of liens arising by attachment
or levy on, security interests in, and other claims to goods.
(1) Except as otherwise provided in RCW 62A.2A-306, a
creditor of a lessee takes subject to the lease contract.
(2) Except as otherwise provided in subsection (3) of this
section and in RCW 62A.2A-306 and 62A.2A-308, a creditor
of a lessor takes subject to the lease contract unless the creditor holds a lien that attached to the goods before the lease
contract became enforceable.
(3) Except as otherwise provided in RCW 62A.9A-317,
62A.9A-321, and 62A.9A-323, a lessee takes a leasehold
interest subject to a security interest held by a creditor of the
lessor. [2000 c 250 § 9A-810; 1993 c 230 § 2A-307.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-308
62A.2A-308 Special rights of creditors. (1) A creditor
of a lessor in possession of goods subject to a lease contract
may treat the lease contract as void if as against the creditor
retention of possession by the lessor is fraudulent under any
statute or rule of law, but retention of possession in good faith
and current course of trade by the lessor for a commercially
reasonable time after the lease contract becomes enforceable
is not fraudulent.
(2) Nothing in this Article impairs the rights of creditors
of a lessor if the lease contract (a) becomes enforceable, not
[Title 62A RCW—page 35]
62A.2A-309
Title 62A RCW: Uniform Commercial Code
in current course of trade but in satisfaction of or as security
for a preexisting claim for money, security, or the like, and
(b) is made under circumstances which under any statute or
rule of law apart from this Article would constitute the transaction a fraudulent transfer or voidable preference.
(3) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the
creditor retention of possession by the seller is fraudulent
under any statute or rule of law, but retention of possession of
the goods pursuant to a lease contract entered into by the
seller as lessee and the buyer as lessor in connection with the
sale or identification of the goods is not fraudulent if the
buyer bought for value and in good faith. [1993 c 230 § 2A308.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-309
62A.2A-309 Lessor’s and lessee’s rights when goods
become fixtures. (1) In this section:
(a) Goods are "fixtures" when they become so related to
particular real estate that an interest in them arises under real
estate law;
(b) A "fixture filing" is the filing, in the office where a
record of a mortgage on the real estate would be filed or
recorded, of a financing statement covering goods that are or
are to become fixtures and conforming to the requirements of
RCW 62A.9A-502 (a) and (b);
(c) A lease is a "purchase money lease" unless the lessee
has possession or use of the goods or the right to possession
or use of the goods before the lease agreement is enforceable;
(d) A mortgage is a "construction mortgage" to the
extent it secures an obligation incurred for the construction of
an improvement on land including the acquisition cost of the
land, if the recorded writing so indicates; and
(e) "Encumbrance" includes real estate mortgages and
other liens on real estate and all other rights in real estate that
are not ownership interests.
(2) Under this Article a lease may be of goods that are
fixtures or may continue in goods that become fixtures, but
no lease exists under this Article of ordinary building materials incorporated into an improvement on land.
(3) This Article does not prevent creation of a lease of
fixtures pursuant to real estate law.
(4) The perfected interest of a lessor of fixtures has priority over a conflicting interest of an encumbrancer or owner
of the real estate if:
(a) The lease is a purchase money lease, the conflicting
interest of the encumbrancer or owner arises before the goods
become fixtures, the interest of the lessor is perfected by a
fixture filing before the goods become fixtures or within
twenty days thereafter, and the lessee has an interest of record
in the real estate or is in possession of the real estate; or
(b) The interest of the lessor is perfected by a fixture filing before the interest of the encumbrancer or owner is of
record, the lessor’s interest has priority over any conflicting
interest of a predecessor in title of the encumbrancer or
owner, and the lessee has an interest of record in the real
estate or is in possession of the real estate.
(5) The interest of a lessor of fixtures, whether or not
perfected, has priority over the conflicting interest of an
encumbrancer or owner of the real estate if:
[Title 62A RCW—page 36]
(a) The fixtures are readily removable factory or office
machines, readily removable equipment that is not primarily
used or leased for use in the operation of the real estate, or
readily removable replacements of domestic appliances that
are goods subject to a consumer lease, and before the goods
become fixtures the lease contract is enforceable; or
(b) The conflicting interest is a lien on the real estate
obtained by legal or equitable proceedings after the lease contract is enforceable; or
(c) The encumbrancer or owner has consented in writing
to the lease or has disclaimed an interest in the goods as fixtures; or
(d) The lessee has a right to remove the goods as against
the encumbrancer or owner. If the lessee’s right to remove
terminates, the priority of the interest of the lessor continues
for a reasonable time.
(6) Notwithstanding subsection (4)(a) of this section but
otherwise subject to subsections (4) and (5) of this section,
the interest of a lessor of fixtures, including the lessor’s residual interest, is subordinate to the conflicting interest of an
encumbrancer of the real estate under a construction mortgage recorded before the goods become fixtures if the goods
become fixtures before the completion of the construction.
To the extent given to refinance a construction mortgage, the
conflicting interest of an encumbrancer of the real estate
under a mortgage has this priority to the same extent as the
encumbrancer of the real estate under the construction mortgage.
(7) In cases not within the preceding subsections, priority between the interest of a lessor of fixtures, including the
lessor’s residual interest, and the conflicting interest of an
encumbrancer or owner of the real estate who is not the lessee
is determined by the priority rules governing conflicting
interests in real estate.
(8) If the interest of a lessor of fixtures, including the lessor’s residual interest, has priority over all conflicting interests of all owners and encumbrancers of the real estate, the
lessor or the lessee may (a) on default, expiration, termination, or cancellation of the lease agreement but subject to the
lease agreement and this Article, or (b) if necessary to
enforce other rights and remedies of the lessor or lessee under
this Article, remove the goods from the real estate, free and
clear of all conflicting interests of all owners and encumbrancers of the real estate, but the lessor or lessee must reimburse any encumbrancer or owner of the real estate who is not
the lessee and who has not otherwise agreed for the cost of
repair of any physical injury, but not for any diminution in
value of the real estate caused by the absence of the goods
removed or by any necessity of replacing them. A person
entitled to reimbursement may refuse permission to remove
until the party seeking removal gives adequate security for
the performance of this obligation.
(9) Even though the lease agreement does not create a
security interest, the interest of a lessor of fixtures, including
the lessor’s residual interest, is perfected by filing a financing
statement as a fixture filing for leased goods that are or are to
become fixtures in accordance with the relevant provisions of
the Article on Secured Transactions, Article 62A.9A RCW.
[2000 c 250 § 9A-811; 1993 c 230 § 2A-309.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Effective date—1993 c 230: See RCW 62A.11-110.
(2006 Ed.)
Leases
62A.2A-310
62A.2A-310 Lessor’s and lessee’s rights when goods
become accessions. (1) Goods are "accessions" when they
are installed in or affixed to other goods.
(2) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection
(4) of this section.
(3) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the
whole except as stated in subsection (4) of this section but is
subordinate to interests in the whole existing at the time the
lease contract was made unless the holders of such interests
in the whole have in writing consented to the lease, or disclaimed an interest in the goods as part of the whole, or the
accession is leased under tariff No. 74 for residential conversion burners leased by a natural gas utility.
(4) Unless the accession is leased under tariff No. 74 for
residential conversion burners leased by a natural gas utility,
the interest of a lessor or a lessee under a lease contract
described in subsection (2) or (3) of this section is subordinate to the interest of:
(a) A buyer in the ordinary course of business or a lessee
in the ordinary course of business of any interest in the whole
acquired after the goods became accessions;
(b) A creditor with a security interest in the whole perfected before the lease contract was made to the extent that
the creditor makes subsequent advances without knowledge
of the lease contract; or
(c) A creditor with a security interest in the whole which
is perfected by compliance with the requirements of a certificate-of-title statute under RCW 62A.9A-311(b).
(5) When under subsections (2) or (3) and (4) of this section a lessor or a lessee of accessions holds an interest that is
superior to all interests in the whole, the lessor or the lessee
may (a) on default, expiration, termination, or cancellation of
the lease contract by the other party but subject to the provisions of the lease contract and this Article, or (b) if necessary
to enforce his or her other rights and remedies under this Article, remove the goods from the whole, free and clear of all
interests in the whole, but he or she must reimburse any
holder of an interest in the whole who is not the lessee and
who has not otherwise agreed for the cost of repair of any
physical injury but not for any diminution in value of the
whole caused by the absence of the goods removed or by any
necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking
removal gives adequate security for the performance of this
obligation. [2000 c 250 § 9A-812; 1993 c 230 § 2A-310.]
62A.2A-403
PART 4
PERFORMANCE OF LEASE CONTRACT:
REPUDIATED, SUBSTITUTED, AND EXCUSED
62A.2A-401
62A.2A-401 Insecurity: Adequate assurance of performance. (1) A lease contract imposes an obligation on
each party that the other’s expectation of receiving due performance will not be impaired.
(2) If reasonable grounds for insecurity arise with respect
to the performance of either party, the insecure party may
demand in writing adequate assurance of due performance.
Until the insecure party receives that assurance, if commercially reasonable the insecure party may suspend any performance for which he or she has not already received the
agreed return.
(3) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of
the particular case is not provided to the insecure party within
a reasonable time, not to exceed thirty days after receipt of a
demand by the other party.
(4) Between merchants, the reasonableness of grounds
for insecurity and the adequacy of any assurance offered must
be determined according to commercial standards.
(5) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party’s right to
demand adequate assurance of future performance. [1993 c
230 § 2A-401.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-402
62A.2A-402 Anticipatory repudiation. If either party
repudiates a lease contract with respect to a performance not
yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract
to the other, the aggrieved party may:
(a) For a commercially reasonable time, await retraction
of repudiation and performance by the repudiating party;
(b) Make demand pursuant to RCW 62A.2A-401 and
await assurance of future performance adequate under the
circumstances of the particular case; or
(c) Resort to any right or remedy upon default under the
lease contract or this Article, even though the aggrieved party
has notified the repudiating party that the aggrieved party
would await the repudiating party’s performance and assurance and has urged retraction. In addition, whether or not the
aggrieved party is pursuing one of the foregoing remedies,
the aggrieved party may suspend performance or, if the
aggrieved party is the lessor, proceed in accordance with the
provisions of this Article on the lessor’s right to identify
goods to the lease contract notwithstanding default or to salvage unfinished goods (RCW 62A.2A-524). [1993 c 230 §
2A-402.]
Effective date—1993 c 230: See RCW 62A.11-110.
Effective date—2000 c 250: See RCW 62A.9A-701.
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-311
62A.2A-311 Priority subject to subordination. Nothing in this Article prevents subordination by agreement by
any person entitled to priority. [1993 c 230 § 2A-311.]
Effective date—1993 c 230: See RCW 62A.11-110.
(2006 Ed.)
62A.2A-403
62A.2A-403 Retraction of anticipatory repudiation.
(1) Until the repudiating party’s next performance is due, the
repudiating party can retract the repudiation unless, since the
repudiation, the aggrieved party has canceled the lease contract or materially changed the aggrieved party’s position or
otherwise indicated that the aggrieved party considers the
repudiation final.
[Title 62A RCW—page 37]
62A.2A-404
Title 62A RCW: Uniform Commercial Code
(2) Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends
to perform under the lease contract and includes any assurance demanded under RCW 62A.2A-401.
(3) Retraction reinstates a repudiating party’s rights
under a lease contract with due excuse and allowance to the
aggrieved party for any delay occasioned by the repudiation.
[1993 c 230 § 2A-403.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-404
62A.2A-404 Substituted performance. (1) If without
fault of the lessee, the lessor and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type
of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a
commercially reasonable substitute is available, the substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails
because of domestic or foreign governmental regulation:
(a) The lessor may withhold or stop delivery or cause the
supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a
substantial equivalent; and
(b) If delivery has already been taken, payment by the
means or in the manner provided by the regulation discharges
the lessee’s obligation unless the regulation is discriminatory,
oppressive, or predatory. [1993 c 230 § 2A-404.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-405
62A.2A-405 Excused performance. Subject to RCW
62A.2A-404 on substituted performance, the following rules
apply:
(a) Delay in delivery or nondelivery in whole or in part
by a lessor or a supplier who complies with subsections (b)
and (c) of this section is not a default under the lease contract
if performance as agreed has been made impracticable by the
occurrence of a contingency the nonoccurrence of which was
a basic assumption on which the lease contract was made or
by compliance in good faith with any applicable foreign or
domestic governmental regulation or order, whether or not
the regulation or order later proves to be invalid.
(b) If the causes mentioned in subsection (a) of this section affect only part of the lessor’s or the supplier’s capacity
to perform, he or she shall allocate production and deliveries
among his or her customers but at his or her option may
include regular customers not then under contract for sale or
lease as well as his or her own requirements for further manufacture. He or she may so allocate in any manner that is fair
and reasonable.
(c) The lessor seasonably shall notify the lessee and in
the case of a finance lease the supplier seasonably shall notify
the lessor and the lessee, if known, that there will be delay or
nondelivery and, if allocation is required under subsection (b)
of this section, of the estimated quota thus made available for
the lessee. [1993 c 230 § 2A-405.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-406
62A.2A-406 Procedure on excused performance. (1)
If the lessee receives notification of a material or indefinite
delay or an allocation justified under RCW 62A.2A-405, the
[Title 62A RCW—page 38]
lessee may by written notification to the lessor as to any
goods involved, and with respect to all of the goods if under
an installment lease contract the value of the whole lease contract is substantially impaired (RCW 62A.2A-510):
(a) Terminate the lease contract (RCW 62A.2A-505(2));
or
(b) Except in a finance lease, modify the lease contract
by accepting the available quota in substitution, with due
allowance from the rent payable for the balance of the lease
term for the deficiency but without further right against the
lessor.
(2) If, after receipt of a notification from the lessor under
RCW 62A.2A-405, the lessee fails so to modify the lease
agreement within a reasonable time not exceeding thirty
days, the lease contract lapses with respect to any deliveries
affected. [1993 c 230 § 2A-406.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-407
62A.2A-407 Irrevocable promises: Finance leases.
(1) In the case of a finance lease, the lessee’s promises under
the lease contract become irrevocable and independent upon
the lessee’s acceptance of the goods.
(2) A promise that has become irrevocable and independent under subsection (1) of this section:
(a) Is effective and enforceable between the parties, and
by or against third parties including assignees of the parties;
and
(b) Is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent
of the party to whom the promise runs.
(3) This section does not affect the validity under any
other law of a covenant in any lease contract making the lessee’s promises irrevocable and independent upon the lessee’s
acceptance of the goods. [1993 c 230 § 2A-407.]
Effective date—1993 c 230: See RCW 62A.11-110.
PART 5
A. DEFAULT IN GENERAL
62A.2A-501
62A.2A-501 Default: Procedure. (1) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this Article.
(2) If the lessor or the lessee is in default under the lease
contract, the party seeking enforcement has rights and remedies as provided in this Article and, except as limited by this
Article, as provided in the lease agreement.
(3) If the lessor or the lessee is in default under the lease
contract, the party seeking enforcement may reduce the
party’s claim to judgment, or otherwise enforce the lease contract by self help or any available judicial procedure or nonjudicial procedure, including administrative proceeding, arbitration, or the like, in accordance with this Article.
(4) Except as otherwise provided in RCW 62A.1-106(1)
or this Article or the lease agreement, the rights and remedies
referred to in subsections (2) and (3) of this section are cumulative.
(5) If the lease agreement covers both real property and
goods, the party seeking enforcement may proceed under this
Part 5 as to the goods, or under other applicable law as to both
the real property and the goods in accordance with that
(2006 Ed.)
Leases
party’s rights and remedies in respect of the real property, in
which case this Part 5 does not apply. [1993 c 230 § 2A-501.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-502
62A.2A-502 Notice after default. Except as otherwise
provided in this Article or the lease agreement, the lessor or
lessee in default under the lease contract is not entitled to
notice of default or notice of enforcement from the other
party to the lease agreement. [1993 c 230 § 2A-502.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-503
62A.2A-503 Modification or impairment of rights
and remedies. (1) Except as otherwise provided in this Article, the lease agreement may include rights and remedies for
default in addition to or in substitution for those provided in
this Article and may limit or alter the measure of damages
recoverable under this Article.
(2) Resort to a remedy provided under this Article or in
the lease agreement is optional unless the remedy is expressly
agreed to be exclusive. If circumstances cause an exclusive or
limited remedy to fail of its essential purpose, or provision
for an exclusive remedy is unconscionable, remedy may be
had as provided in this Article.
(3) Consequential damages may be liquidated under
RCW 62A.2A-504, or may otherwise be limited, altered, or
excluded unless the limitation, alteration, or exclusion is
unconscionable. Limitation, alteration, or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation,
alteration, or exclusion of damages where the loss is commercial is not prima facie unconscionable.
(4) Rights and remedies on default by the lessor or the
lessee with respect to any obligation or promise collateral or
ancillary to the lease contract are not impaired by this Article.
[1993 c 230 § 2A-503.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-504
62A.2A-504 Liquidation of damages. (1) Damages
payable by either party for default, or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor’s residual interest, may be liquidated in the lease agreement but only at an
amount or by a formula that is reasonable in light of the then
anticipated harm caused by the default or other act or omission.
(2) If the lease agreement provides for liquidation of
damages, and such provision does not comply with subsection (1) of this section, or such provision is an exclusive or
limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this Article.
(3) If the lessor justifiably withholds or stops delivery of
goods because of the lessee’s default or insolvency (RCW
62A.2A-525 or 62A.2A-526), the lessee is entitled to restitution of any amount by which the sum of his or her payments
exceeds:
(a) The amount to which the lessor is entitled by virtue of
terms liquidating the lessor’s damages in accordance with
subsection (1) of this section; or
(b) In the absence of those terms, twenty percent of the
then present value of the total rent the lessee was obligated to
(2006 Ed.)
62A.2A-506
pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of such amount or five hundred dollars.
(4) A lessee’s right to restitution under subsection (3) of
this section is subject to offset to the extent the lessor establishes:
(a) A right to recover damages under the provisions of
this Article other than subsection (1) of this section; and
(b) The amount or value of any benefits received by the
lessee directly or indirectly by reason of the lease contract.
[1993 c 230 § 2A-504.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-505
62A.2A-505 Cancellation and termination and effect
of cancellation, termination, rescission, or fraud on rights
and remedies. (1) On cancellation of the lease contract, all
obligations that are still executory on both sides are discharged, but any right based on prior default or performance
survives, and the cancelling party also retains any remedy for
default of the whole lease contract or any unperformed balance.
(2) On termination of the lease contract, all obligations
that are still executory on both sides are discharged but any
right based on prior default or performance survives.
(3) Unless the contrary intention clearly appears, expressions of "cancellation," "rescission," or the like of the lease
contract may not be construed as a renunciation or discharge
of any claim in damages for an antecedent default.
(4) Rights and remedies for material misrepresentation
or fraud include all rights and remedies available under this
Article for default.
(5) Neither rescission nor a claim for rescission of the
lease contract nor rejection or return of the goods may bar or
be deemed inconsistent with a claim for damages or other
right or remedy. [1993 c 230 § 2A-505.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-506
62A.2A-506 Statute of limitations. (1) An action for
default under a lease contract, including breach of warranty
or indemnity, must be commenced within four years after the
cause of action accrued. By the original lease contract the
parties may reduce the period of limitation to not less than
one year.
(2) A cause of action for default accrues when the act or
omission on which the default or breach of warranty is based
is or should have been discovered by the aggrieved party, or
when the default occurs, whichever is later. A cause of action
for indemnity accrues when the act or omission on which the
claim for indemnity is based is or should have been discovered by the indemnified party, whichever is later.
(3) If an action commenced within the time limited by
subsection (1) of this section is so terminated as to leave
available a remedy by another action for the same default or
breach of warranty or indemnity, the other action may be
commenced after the expiration of the time limited and
within six months after the termination of the first action
unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.
(4) This section does not alter the law on tolling of the
statute of limitations nor does it apply to causes of action that
[Title 62A RCW—page 39]
62A.2A-507
Title 62A RCW: Uniform Commercial Code
have accrued before this Article becomes effective. [1993 c
230 § 2A-506.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-507
62A.2A-507 Proof of market rent: Time and place.
(1) Damages based on market rent (RCW 62A.2A-519 or
62A.2A-528) are determined according to the rent for the use
of the goods concerned for a lease term identical to the
remaining lease term of the original lease agreement and prevailing at the times specified in RCW 62A.2A-519 and
62A.2A-528.
(2) If evidence of rent for the use of the goods concerned
for a lease term identical to the remaining lease term of the
original lease agreement and prevailing at the times or places
described in this Article is not readily available, the rent prevailing within any reasonable time before or after the time
described or at any other place or for a different lease term
which in commercial judgment or under usage of trade would
serve as a reasonable substitute for the one described may be
used, making any proper allowance for the difference, including the cost of transporting the goods to or from the other
place.
(3) Evidence of a relevant rent prevailing at a time or
place or for a lease term other than the one described in this
Article offered by one party is not admissible unless and until
he or she has given the other party notice the court finds sufficient to prevent unfair surprise.
(4) If the prevailing rent or value of any goods regularly
leased in any established market is in issue, reports in official
publications or trade journals or in newspapers or periodicals
of general circulation published as the reports of that market
are admissible in evidence. The circumstances of the preparation of the report may be shown to affect its weight but not its
admissibility. [1993 c 230 § 2A-507.]
Effective date—1993 c 230: See RCW 62A.11-110.
B. DEFAULT BY LESSOR
62A.2A-508
62A.2A-508 Lessee’s remedies. (1) If a lessor fails to
deliver the goods in conformity to the lease contract (RCW
62A.2A-509) or repudiates the lease contract (RCW 62A.2A402), or a lessee rightfully rejects the goods (RCW 62A.2A509) or justifiably revokes acceptance of the goods (RCW
62A.2A-517), then with respect to any goods involved, and
with respect to all of the goods if under an installment lease
contract the value of the whole lease contract is substantially
impaired (RCW 62A.2A-510), the lessor is in default under
the lease contract and the lessee may:
(a) Cancel the lease contract (RCW 62A.2A-505(1));
(b) Recover so much of the rent and security as has been
paid and which is just under the circumstances;
(c) Cover and recover damages as to all goods affected
whether or not they have been identified to the lease contract
(RCW 62A.2A-518 and 62A.2A-520), or recover damages
for nondelivery (RCW 62A.2A-519 and 62A.2A-520);
(d) Exercise any other rights or pursue any other remedies provided in the lease contract.
(2) If a lessor fails to deliver the goods in conformity to
the lease contract or repudiates the lease contract, the lessee
may also:
[Title 62A RCW—page 40]
(a) If the goods have been identified, recover them
(RCW 62A.2A-522); or
(b) In a proper case, obtain specific performance or
replevy the goods (RCW 62A.2A-521).
(3) If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract, which may include a right
to cancel the lease, and in RCW 62A.2A-519(3).
(4) If a lessor has breached a warranty, whether express
or implied, the lessee may recover damages (RCW 62A.2A519(4)).
(5) On rightful rejection or justifiable revocation of
acceptance, a lessee has a security interest in goods in the lessee’s possession or control for any rent and security that has
been paid and any expenses reasonably incurred in their
inspection, receipt, transportation, and care and custody and
may hold those goods and dispose of them in good faith and
in a commercially reasonable manner, subject to RCW
62A.2A-527(5).
(6) Subject to the provisions of RCW 62A.2A-407, a lessee, on notifying the lessor of the lessee’s intention to do so,
may deduct all or any part of the damages resulting from any
default under the lease contract from any part of the rent still
due under the same lease contract. [1993 c 230 § 2A-508.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-509
62A.2A-509 Lessee’s rights on improper delivery;
rightful rejection. (1) Subject to the provisions of RCW
62A.2A-510 on default in installment lease contracts, if the
goods or the tender or delivery fail in any respect to conform
to the lease contract, the lessee may reject or accept the goods
or accept any commercial unit or units and reject the rest of
the goods.
(2) Rejection of goods is ineffective unless it is within a
reasonable time after tender or delivery of the goods and the
lessee seasonably notifies the lessor. [1993 c 230 § 2A-509.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-510
62A.2A-510 Installment lease contracts: Rejection
and default. (1) Under an installment lease contract a lessee
may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and
cannot be cured or the nonconformity is a defect in the
required documents; but if the nonconformity does not fall
within subsection (2) of this section and the lessor or the supplier gives adequate assurance of its cure, the lessee must
accept that delivery.
(2) Whenever nonconformity or default with respect to
one or more deliveries substantially impairs the value of the
installment lease contract as a whole there is a default with
respect to the whole. But, the aggrieved party reinstates the
installment lease contract as a whole if the aggrieved party
accepts a nonconforming delivery without seasonably notifying of cancellation or brings an action with respect only to
past deliveries or demands performance as to future deliveries. [1993 c 230 § 2A-510.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-511
62A.2A-511 Merchant lessee’s duties as to rightfully
rejected goods. (1) Subject to any security interest of a les(2006 Ed.)
Leases
see (RCW 62A.2A-508(5)), if a lessor or a supplier has no
agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in his or her possession
or control, shall follow any reasonable instructions received
from the lessor or the supplier with respect to the goods. In
the absence of those instructions, a merchant lessee shall
make reasonable efforts to sell, lease, or otherwise dispose of
the goods for the lessor’s account if they threaten to decline
in value speedily. Instructions are not reasonable if on
demand indemnity for expenses is not forthcoming.
(2) If a merchant lessee, under subsection (1) of this section, or any other lessee (RCW 62A.2A-512) disposes of
goods, he or she is entitled to reimbursement either from the
lessor or the supplier or out of the proceeds for reasonable
expenses of caring for and disposing of the goods and, if the
expenses include no disposition commission, to such commission as is usual in the trade, or if there is none, to a reasonable sum not exceeding ten percent of the gross proceeds.
(3) In complying with this section or RCW 62A.2A-512,
the lessee is held only to good faith. Good faith conduct hereunder is neither acceptance or conversion nor the basis of an
action for damages.
(4) A purchaser who purchases in good faith from a lessee pursuant to this section or RCW 62A.2A-512 takes the
goods free of any rights of the lessor and the supplier even
though the lessee fails to comply with one or more of the
requirements of this Article. [1993 c 230 § 2A-511.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-512
62A.2A-512 Lessee’s duties as to rightfully rejected
goods. (1) Except as otherwise provided with respect to
goods that threaten to decline in value speedily (RCW
62A.2A-511) and subject to any security interest of a lessee
(RCW 62A.2A-508(5)):
(a) The lessee, after rejection of goods in the lessee’s
possession, shall hold them with reasonable care at the lessor’s or the supplier’s disposition for a reasonable time after
the lessee’s seasonable notification of rejection;
(b) If the lessor or the supplier gives no instructions
within a reasonable time after notification of rejection, the
lessee may store the rejected goods for the lessor’s or the supplier’s account or ship them to the lessor or the supplier or
dispose of them for the lessor’s or the supplier’s account with
reimbursement in the manner provided in RCW 62A.2A-511;
but
(c) The lessee has no further obligations with regard to
goods rightfully rejected.
(2) Action by the lessee pursuant to subsection (1) of this
section is not acceptance or conversion. [1993 c 230 § 2A512.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-513
62A.2A-513 Cure by lessor of improper tender or
delivery; replacement. (1) If any tender or delivery by the
lessor or the supplier is rejected because nonconforming and
the time for performance has not yet expired, the lessor or the
supplier may seasonably notify the lessee of the lessor’s or
the supplier’s intention to cure and may then make a conforming delivery within the time provided in the lease contract.
(2006 Ed.)
62A.2A-516
(2) If the lessee rejects a nonconforming tender that the
lessor or the supplier had reasonable grounds to believe
would be acceptable with or without money allowance, the
lessor or the supplier may have a further reasonable time to
substitute a conforming tender if he or she seasonably notifies the lessee. [1993 c 230 § 2A-513.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-514
62A.2A-514 Waiver of lessee’s objections. (1) In
rejecting goods, a lessee’s failure to state a particular defect
that is ascertainable by reasonable inspection precludes the
lessee from relying on the defect to justify rejection or to
establish default:
(a) If, stated seasonably, the lessor or the supplier could
have cured it (RCW 62A.2A-513); or
(b) Between merchants if the lessor or the supplier after
rejection has made a request in writing for a full and final
written statement of all defects on which the lessee proposes
to rely.
(2) A lessee’s failure to reserve rights when paying rent
or other consideration against documents precludes recovery
of the payment for defects apparent on the face of the documents. [1993 c 230 § 2A-514.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-515
62A.2A-515 Acceptance of goods. (1) Acceptance of
goods occurs after the lessee has had a reasonable opportunity to inspect the goods and:
(a) The lessee signifies or acts with respect to the goods
in a manner that signifies to the lessor or the supplier that the
goods are conforming or that the lessee will take or retain
them in spite of their nonconformity; or
(b) The lessee fails to make an effective rejection of the
goods (RCW 62A.2A-509(2)).
(2) Acceptance of a part of any commercial unit is acceptance of that entire unit. [1993 c 230 § 2A-515.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-516
62A.2A-516 Effect of acceptance of goods; notice of
default; burden of establishing default after acceptance;
notice of claim or litigation to person answerable over.
(1) A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods
rightfully rejected or not delivered.
(2) A lessee’s acceptance of goods precludes rejection of
the goods accepted. In the case of a finance lease, if made
with knowledge of a nonconformity, acceptance cannot be
revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked
because of it unless the acceptance was on the reasonable
assumption that the nonconformity would be seasonably
cured. Acceptance does not of itself impair any other remedy
provided by this Article or the lease agreement for nonconformity.
(3) If a tender has been accepted:
(a) Within a reasonable time after the lessee discovers or
should have discovered any default, the lessee shall notify the
lessor and the supplier, if any, or be barred from any remedy
against the party not notified;
[Title 62A RCW—page 41]
62A.2A-517
Title 62A RCW: Uniform Commercial Code
(b) Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for
infringement or the like (RCW 62A.2A-211) the lessee shall
notify the lessor or be barred from any remedy over for liability established by the litigation; and
(c) The burden is on the lessee to establish any default.
(4) If a lessee is sued for breach of a warranty or other
obligation for which a lessor or a supplier is answerable over
the following apply:
(a) The lessee may give the lessor or the supplier, or
both, written notice of the litigation. If the notice states that
the person notified may come in and defend and that if the
person notified does not do so that person will be bound in
any action against that person by the lessee by any determination of fact common to the two litigations, then unless the
person notified after seasonable receipt of the notice does
come in and defend that person is so bound.
(b) The lessor or the supplier may demand in writing that
the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like (RCW
62A.2A-211) or else be barred from any remedy over. If the
demand states that the lessor or the supplier agrees to bear all
expense and to satisfy any adverse judgment, then unless the
lessee after seasonable receipt of the demand does turn over
control the lessee is so barred.
(5) Subsections (3) and (4) of this section apply to any
obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (RCW 62A.2A-211).
[1993 c 230 § 2A-516.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-517
62A.2A-517 Revocation of acceptance of goods. (1) A
lessee may revoke acceptance of a lot or commercial unit
whose nonconformity substantially impairs its value to the
lessee if the lessee has accepted it:
(a) Except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cured and it
has not been seasonably cured; or
(b) Without discovery of the nonconformity if the lessee’s acceptance was reasonably induced either by the lessor’s assurances or, except in the case of a finance lease, by
the difficulty of discovery before acceptance.
(2) Except in the case of a finance lease, a lessee may
revoke acceptance of a lot or commercial unit if the lessor
defaults under the lease contract and the default substantially
impairs the value of that lot or commercial unit to the lessee.
(3) If the lease agreement so provides, the lessee may
revoke acceptance of a lot or commercial unit because of
other defaults by the lessor.
(4) Revocation of acceptance must occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in
condition of the goods which is not caused by the nonconformity. Revocation is not effective until the lessee notifies the
lessor.
(5) A lessee who so revokes has the same rights and
duties with regard to the goods involved as if the lessee had
rejected them. [1993 c 230 § 2A-517.]
Effective date—1993 c 230: See RCW 62A.11-110.
[Title 62A RCW—page 42]
62A.2A-518
62A.2A-518 Cover; substitute goods. (1) After a
default by a lessor under the lease contract of the type
described in (RCW 62A.2A-508(1)), or, if agreed, after other
default by the lessor, the lessee may cover by making any
purchase or lease of or contract to purchase or lease goods in
substitution for those due from the lessor.
(2) Except as otherwise provided with respect to damages liquidated in the lease agreement (RCW 62A.2A-504) or
otherwise determined pursuant to agreement of the parties
(RCW 62A.1-102(3) and 62A.2A-503), if a lessee’s cover is
by a lease agreement substantially similar to the original
lease agreement and the new lease agreement is made in good
faith and in a commercially reasonable manner, the lessee
may recover from the lessor as damages (i) the present value,
as of the date of the commencement of the term of the new
lease agreement, of the rent under the new lease applicable to
that period of the new lease term which is comparable to the
then remaining term of the original lease agreement minus
the present value as of the same date of the total rent for the
then remaining lease term of the original lease agreement,
and (ii) any incidental or consequential damages, less
expenses saved in consequence of the lessor’s default.
(3) If a lessee’s cover is by lease agreement that for any
reason does not qualify for treatment under subsection (2) of
this section, or is by purchase or otherwise, the lessee may
recover from the lessor as if the lessee had elected not to
cover and RCW 62A.2A-519 governs. [1993 c 230 § 2A518.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-519
62A.2A-519 Lessee’s damages for nondelivery, repudiation, default, and breach of warranty in regard to
accepted goods. (1) Except as otherwise provided with
respect to damages liquidated in the lease agreement (RCW
62A.2A-504) or otherwise determined pursuant to agreement
of the parties (RCW 62A.1-102(3)), if a lessee elects not to
cover or a lessee elects to cover and the cover is by lease
agreement that for any reason does not qualify for treatment
under RCW 62A.2A-518(2), or is by purchase or otherwise,
the measure of damages for nondelivery or repudiation by the
lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the
then market rent minus the present value as of the same date
of the original rent, computed for the remaining lease term of
the original lease agreement, together with incidental and
consequential damages, less expenses saved in consequence
of the lessor’s default.
(2) Market rent is to be determined as of the place for
tender or, in cases of rejection after arrival or revocation of
acceptance, as of the place of arrival.
(3) Except as otherwise agreed, if the lessee has accepted
goods and given notification (RCW 62A.2A-516(3)), the
measure of damages for nonconforming tender or delivery or
other default by a lessor is the loss resulting in the ordinary
course of events from the lessor’s default as determined in
any manner that is reasonable together with incidental and
consequential damages, less expenses saved in consequence
of the lessor’s default.
(4) Except as otherwise agreed, the measure of damages
for breach of warranty is the present value at the time and
place of acceptance of the difference between the value of the
(2006 Ed.)
Leases
use of the goods accepted and the value if they had been as
warranted for the lease term, unless special circumstances
show proximate damages of a different amount, together with
incidental and consequential damages, less expenses saved in
consequence of the lessor’s default or breach of warranty.
[1993 c 230 § 2A-519.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-520
62A.2A-520 Lessee’s incidental and consequential
damages. (1) Incidental damages resulting from a lessor’s
default include expenses reasonably incurred in inspection,
receipt, transportation, and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably
revoked, any commercially reasonable charges, expenses or
commissions in connection with effecting cover, and any
other reasonable expense incident to the default.
(2) Consequential damages resulting from a lessor’s
default include:
(a) Any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting
had reason to know and which could not reasonably be prevented by cover or otherwise; and
(b) Injury to person or property proximately resulting
from any breach of warranty. [1993 c 230 § 2A-520.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-521
62A.2A-521 Lessee’s right to specific performance or
replevin. (1) Specific performance may be decreed if the
goods are unique or in other proper circumstances.
(2) A decree for specific performance may include any
terms and conditions as to payment of the rent, damages, or
other relief that the court deems just.
(3) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the
lease contract if after reasonable effort the lessee is unable to
effect cover for those goods or the circumstances reasonably
indicate that the effort will be unavailing. [1993 c 230 § 2A521.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-522
62A.2A-522 Lessee’s right to goods on lessor’s insolvency. (1) Subject to subsection (2) of this section and even
though the goods have not been shipped, a lessee who has
paid a part or all of the rent and security for goods identified
to a lease contract (RCW 62A.2A-217) on making and keeping good a tender of any unpaid portion of the rent and security due under the lease contract may recover the goods identified from the lessor if the lessor becomes insolvent within
ten days after receipt of the first installment of rent and security.
(2) A lessee acquires the right to recover goods identified
to a lease contract only if they conform to the lease contract.
[1993 c 230 § 2A-522.]
Effective date—1993 c 230: See RCW 62A.11-110.
C. DEFAULT BY LESSEE
62A.2A-523
62A.2A-523 Lessor’s remedies. (1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make
a payment when due or repudiates with respect to a part or the
(2006 Ed.)
62A.2A-524
whole, then, with respect to any goods involved, and with
respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially
impaired (RCW 62A.2A-510), the lessee is in default under
the lease contract and the lessor may:
(a) Cancel the lease contract (RCW 62A.2A-505(1));
(b) Proceed respecting goods not identified to the lease
contract (RCW 62A.2A-524);
(c) Withhold delivery of the goods and take possession
of goods previously delivered (RCW 62A.2A-525);
(d) Stop delivery of the goods by any bailee (RCW
62A.2A-526);
(e) Dispose of the goods and recover damages (RCW
62A.2A-527), or retain the goods and recover damages
(RCW 62A.2A-528), or in a proper case recover rent (RCW
62A.2A-529);
(f) Exercise any other rights or pursue any other remedies provided in the lease contract.
(2) If a lessor does not fully exercise a right or obtain a
remedy to which the lessor is entitled under subsection (1) of
this section, the lessor may recover the loss resulting in the
ordinary course of events from the lessee’s default as determined in any reasonable manner, together with incidental
damages, less expenses saved in consequence of the lessee’s
default.
(3) If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right
to cancel the lease. In addition, unless otherwise provided in
the lease contract:
(a) If the default substantially impairs the value of the
lease contract to the lessor, the lessor may exercise the rights
and pursue the remedies provided in subsection (1) or (2) of
this section; or
(b) If the default does not substantially impair the value
of the lease contract to the lessor, the lessor may recover as
provided in subsection (2) of this section. [1993 c 230 § 2A523.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-524
62A.2A-524 Lessor’s right to identify goods to lease
contract. (1) After default by the lessee under the lease contract of the type described in RCW 62A.2A-523 (1) or (3)(a)
or, if agreed, after other default by the lessee, the lessor may:
(a) Identify to the lease contract conforming goods not
already identified if at the time the lessor learned of the
default they were in the lessor’s or the supplier’s possession
or control; and
(b) Dispose of goods (RCW 62A.2A-527(1)) that
demonstrably have been intended for the particular lease contract even though those goods are unfinished.
(2) If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss
and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify
the goods to the lease contract or cease manufacture and
lease, sell, or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner. [1993
c 230 § 2A-524.]
Effective date—1993 c 230: See RCW 62A.11-110.
[Title 62A RCW—page 43]
62A.2A-525
Title 62A RCW: Uniform Commercial Code
62A.2A-525
62A.2A-525 Lessor’s right to possession of goods. (1)
If a lessor discovers the lessee to be insolvent, the lessor may
refuse to deliver the goods.
(2) After a default by the lessee under the lease contract
of the type described in RCW 62A.2A-523 (1) or (3)(a) or, if
agreed, after other default by the lessee, the lessor has the
right to take possession of the goods. If the lease contract so
provides, the lessor may require the lessee to assemble the
goods and make them available to the lessor at a place to be
designated by the lessor which is reasonably convenient to
both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee’s premises (RCW 62A.2A-527).
(3) The lessor may proceed under subsection (2) of this
section without judicial process if it can be done without
breach of the peace or the lessor may proceed by action.
[1993 c 230 § 2A-525.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-526
62A.2A-526 Lessor’s stoppage of delivery in transit
or otherwise. (1) A lessor may stop delivery of goods in the
possession of a carrier or other bailee if the lessor discovers
the lessee to be insolvent and may stop delivery of carload,
truckload, planeload, or larger shipments of express or freight
if the lessee repudiates or fails to make a payment due before
delivery, whether for rent, security, or otherwise under the
lease contract, or for any other reason the lessor has a right to
withhold or take possession of the goods.
(2) In pursuing its remedies under subsection (1) of this
section, the lessor may stop delivery until:
(a) Receipt of the goods by the lessee;
(b) Acknowledgment to the lessee by any bailee of the
goods, except a carrier, that the bailee holds the goods for the
lessee; or
(c) Such an acknowledgment to the lessee by a carrier
via reshipment or as warehouseman.
(3)(a) To stop delivery, a lessor shall so notify as to
enable the bailee by reasonable diligence to prevent delivery
of the goods.
(b) After notification, the bailee shall hold and deliver
the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.
(c) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from
a person other than the consignor. [1993 c 230 § 2A-526.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-527
62A.2A-527 Lessor’s rights to dispose of goods. (1)
After a default by a lessee under the lease contract of the type
described in RCW 62A.2A-523 (1) or (3)(a) or after the lessor refuses to deliver or takes possession of goods (RCW
62A.2A-525 or 62A.2A-526), or, if agreed, after other default
by a lessee, the lessor may dispose of the goods concerned or
the undelivered balance thereof by lease, sale, or otherwise.
(2) Except as otherwise provided with respect to damages liquidated in the lease agreement (RCW 62A.2A-504) or
otherwise determined pursuant to agreement of the parties
(RCW 62A.1-102(3) and 62A.2A-503), if the disposition is
by lease agreement substantially similar to the original lease
agreement and the new lease agreement is made in good faith
[Title 62A RCW—page 44]
and in a commercially reasonable manner, the lessor may
recover from the lessee as damages (i) accrued and unpaid
rent as of the date of the commencement of the term of the
new lease agreement, (ii) the present value, as of the same
date, of the total rent for the then remaining lease term of the
original lease agreement minus the present value, as of the
same date, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable
to the then remaining term of the original lease agreement,
and (iii) any incidental damages allowed under RCW
62A.2A-530, less expenses saved in consequence of the lessee’s default.
(3) If the lessor’s disposition is by lease agreement that
for any reason does not qualify for treatment under subsection (2) of this section, or is by sale or otherwise, the lessor
may recover from the lessee as if the lessor had elected not to
dispose of the goods and RCW 62A.2A-528 governs.
(4) A subsequent buyer or lessee who buys or leases
from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original
lease contract and any rights of the original lessee even
though the lessor fails to comply with one or more of the
requirements of this Article.
(5) The lessor is not accountable to the lessee for any
profit made on any disposition. A lessee who has rightfully
rejected or justifiably revoked acceptance shall account to the
lessor for any excess over the amount of the lessee’s security
interest (RCW 62A.2A-508(5)). [1993 c 230 § 2A-527.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-528
62A.2A-528 Lessor’s damages for nonacceptance,
failure to pay, repudiation, or other default. (1) Except as
otherwise provided with respect to damages liquidated in the
lease agreement (RCW 62A.2A-504) or otherwise determined pursuant to agreement of the parties (RCW 62A.1102(3) and 62A.2A-503), if a lessor elects to retain the goods
or a lessor elects to dispose of the goods and the disposition
is by lease agreement that for any reason does not qualify for
treatment under RCW 62A.2A-527(2), or is by sale or otherwise, the lessor may recover from the lessee as damages for a
default of the type described in RCW 62A.2A-523 (1) or
(3)(a), or, if agreed, for other default of the lessee, (i) accrued
and unpaid rent as of the date of default if the lessee has never
taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the
goods or an earlier date on which the lessee makes a tender of
the goods to the lessor, (ii) the present value as of the date
determined under subsection (1)(i) of this section of the total
rent for the then remaining lease term of the original lease
agreement minus the present value as of the same date of the
market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages allowed under RCW 62A.2A-530, less expenses saved
in consequence of the lessee’s default.
(2) If the measure of damages provided in subsection (1)
of this section is inadequate to put a lessor in as good a position as performance would have, the measure of damages is
the present value of the profit, including reasonable overhead, the lessor would have made from full performance by
the lessee, together with any incidental damages allowed
(2006 Ed.)
Negotiable Instruments
under RCW 62A.2A-530, due allowance for costs reasonably
incurred and due credit for payments or proceeds of disposition. [1993 c 230 § 2A-528.]
Effective date—1993 c 230: See RCW 62A.11-110.
Article 3
stopping delivery, in the transportation, care and custody of
goods after the lessee’s default, in connection with return or
disposition of the goods, or otherwise resulting from the
default. [1993 c 230 § 2A-530.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-529
62A.2A-529 Lessor’s action for the rent. (1) After
default by the lessee under the lease contract of the type
described in RCW 62A.2A-523 (1) or (3)(a) or, if agreed,
after other default by the lessee, if the lessor complies with
subsection (2) of this section, the lessor may recover from the
lessee as damages:
(a) For goods accepted by the lessee and not repossessed
by or tendered to the lessor, and for conforming goods lost or
damaged within a commercially reasonable time after risk of
loss passes to the lessee (RCW 62A.2A-219), (i) accrued and
unpaid rent as of the date of entry of judgment in favor of the
lessor, (ii) the present value as of the same date of the rent for
the then remaining lease term of the lease agreement, and (iii)
any incidental damages allowed under RCW 62A.2A-530,
less expenses saved in consequence of the lessee’s default;
and
(b) For goods identified to the lease contract if the lessor
is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate that
effort will be unavailing, (i) accrued and unpaid rent as of the
date of entry of judgment in favor of the lessor, (ii) the
present value as of the same date of the rent for the then
remaining lease term of the lease agreement, and (iii) any
incidental damages allowed under RCW 62A.2A-530, less
expenses saved in consequence of the lessee’s default.
(2) Except as provided in subsection (3) of this section,
the lessor shall hold for the lessee for the remaining lease
term of the lease agreement any goods that have been identified to the lease contract and are in the lessor’s control.
(3) The lessor may dispose of the goods at any time
before collection of the judgment for damages obtained pursuant to subsection (1) of this section. If the disposition is
before the end of the remaining lease term of the lease agreement, the lessor’s recovery against the lessee for damages is
governed by RCW 62A.2A-527 or 62A.2A-528, and the lessor will cause an appropriate credit to be provided against a
judgment for damages to the extent that the amount of the
judgment exceeds the recovery available pursuant to RCW
62A.2A-527 or 62A.2A-528.
(4) Payment of the judgment for damages obtained pursuant to subsection (1) of this section entitles the lessee to the
use and possession of the goods not then disposed of for the
remaining lease term of and in accordance with the lease
agreement.
(5) After default by the lessee under the lease contract of
the type described in RCW 62A.2A-523 (1) or (3)(a) or, if
agreed, after other default by the lessee, a lessor who is held
not entitled to rent under this section must nevertheless be
awarded damages for nonacceptance under RCW 62A.2A527 and 62A.2A-528. [1993 c 230 § 2A-529.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-530
62A.2A-530 Lessor’s incidental damages. Incidental
damages to an aggrieved lessor include any commercially
reasonable charges, expenses, or commissions incurred in
(2006 Ed.)
62A.2A-531
62A.2A-531 Standing to sue third parties for injury
to goods. (1) If a third party so deals with goods that have
been identified to a lease contract as to cause actionable
injury to a party to the lease contract (a) the lessor has a right
of action against the third party, and (b) the lessee also has a
right of action against the third party if the lessee:
(i) Has a security interest in the goods;
(ii) Has an insurable interest in the goods; or
(iii) Bears the risk of loss under the lease contract or has
since the injury assumed that risk as against the lessor and the
goods have been converted or destroyed.
(2) If at the time of the injury the party plaintiff did not
bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, his or her suit or settlement, subject to
his or her own interest, is as a fiduciary for the other party to
the lease contract.
(3) Either party with the consent of the other may sue for
the benefit of whom it may concern. [1993 c 230 § 2A-531.]
Effective date—1993 c 230: See RCW 62A.11-110.
62A.2A-532
62A.2A-532 Lessor’s rights to residual interest. In
addition to any other recovery permitted by this Article or
other law, the lessor may recover from the lessee an amount
that will fully compensate the lessor for any loss of or damage to the lessor’s residual interest in the goods caused by the
default of the lessee. [1993 c 230 § 2A-532.]
Effective date—1993 c 230: See RCW 62A.11-110.
Article 3
NEGOTIABLE INSTRUMENTS
Article 3
(Formerly: Commercial paper)
Sections
PART 1
GENERAL PROVISIONS AND DEFINITIONS
62A.3-101
62A.3-102
62A.3-103
62A.3-104
62A.3-105
62A.3-106
62A.3-107
62A.3-108
62A.3-109
62A.3-110
62A.3-111
62A.3-112
62A.3-113
62A.3-114
62A.3-115
62A.3-116
62A.3-117
62A.3-118
62A.3-119
Short title.
Subject matter.
Definitions.
Negotiable instrument.
Issue of instrument.
Unconditional promise or order.
Instrument payable in foreign money.
Payable on demand or at definite time.
Payable to bearer or to order.
Identification of person to whom instrument is payable.
Place of payment.
Interest.
Date of instrument.
Contradictory terms of instrument.
Incomplete instrument.
Joint and several liability; contribution.
Other agreements affecting instrument.
Statute of limitations.
Notice of right to defend action.
PART 2
NEGOTIATION, TRANSFER, AND INDORSEMENT
62A.3-201
62A.3-202
Negotiation.
Negotiation subject to rescission.
[Title 62A RCW—page 45]
62A.3-101
62A.3-203
62A.3-204
62A.3-205
62A.3-206
62A.3-207
Title 62A RCW: Uniform Commercial Code
Transfer of instrument; rights acquired by transfer.
Indorsement.
Special indorsement; blank indorsement; anomalous indorsement.
Restrictive indorsement.
Reacquisition.
PART 3
ENFORCEMENT OF INSTRUMENTS
62A.3-301
62A.3-302
62A.3-303
62A.3-304
62A.3-305
62A.3-306
62A.3-307
62A.3-308
62A.3-309
62A.3-310
62A.3-311
62A.3-312
Person entitled to enforce instrument.
Holder in due course.
Value and consideration.
Overdue instrument.
Defenses and claims in recoupment.
Claims to an instrument.
Notice of breach of fiduciary duty.
Proof of signatures and status as holder in due course.
Enforcement of lost, destroyed, or stolen instrument.
Effect of instrument on obligation for which taken.
Accord and satisfaction by use of instrument.
Lost, destroyed, or stolen cashier’s check, teller’s check, or
certified check.
PART 4
LIABILITY OF PARTIES
62A.3-401
62A.3-402
62A.3-403
62A.3-404
62A.3-405
62A.3-406
62A.3-407
62A.3-408
62A.3-409
62A.3-410
62A.3-411
62A.3-412
62A.3-413
62A.3-414
62A.3-415
62A.3-416
62A.3-417
62A.3-418
62A.3-419
62A.3-420
Signature.
Signature by representative.
Unauthorized signature.
Impostors; fictitious payees.
Employer’s responsibility for fraudulent indorsement by
employee.
Negligence contributing to forged signature or alteration of
instrument.
Alteration.
Drawee not liable on unaccepted draft.
Acceptance of draft; certified check.
Acceptance varying draft.
Refusal to pay cashier’s checks, teller’s checks, and certified
checks.
Obligation of issuer of note or cashier’s check.
Obligation of acceptor.
Obligation of drawer.
Obligation of indorser.
Transfer warranties.
Presentment warranties.
Payment or acceptance by mistake.
Instruments signed for accommodation.
Conversion of instrument.
PART 5
DISHONOR
62A.3-501
62A.3-502
62A.3-503
62A.3-504
62A.3-505
62A.3-512
62A.3-515
62A.3-520
62A.3-522
62A.3-525
62A.3-530
62A.3-540
62A.3-550
Presentment.
Dishonor.
Notice of dishonor.
Excused presentment and notice of dishonor.
Evidence of dishonor.
Credit cards—As identification—In lieu of deposit.
Checks dishonored by nonacceptance or nonpayment; liability
for interest; rate; collection costs and attorneys’ fees; satisfaction of claim.
Statutory form for notice of dishonor.
Notice of dishonor—Affidavit of service by mail.
Consequences for failing to comply with requirements.
Collection agencies—Checks dishonored by nonacceptance or
nonpayment; liability for interest; rate; collection costs and
attorneys’ fees; satisfaction of claim.
Collection agencies—Statutory form for notice of dishonor.
Collection agencies—Consequences for failing to comply
with requirements.
PART 6
DISCHARGE AND PAYMENT
62A.3-601
62A.3-602
62A.3-603
62A.3-604
62A.3-605
Discharge and effect of discharge.
Payment.
Tender of payment.
Discharge by cancellation or renunciation.
Discharge of indorsers and accommodation parties.
[Title 62A RCW—page 46]
PART 1
GENERAL PROVISIONS AND DEFINITIONS
62A.3-101
62A.3-101 Short title. This Article may be cited as
Uniform Commercial Code—Negotiable Instruments. [1993
c 229 § 3; 1965 ex.s. c 157 § 3-101.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-102
62A.3-102 Subject matter. (a) This Article applies to
negotiable instruments. It does not apply to money, to payment orders governed by Article 4A, or to securities governed by Article 8.
(b) If there is conflict between this Article and Article 4
or 9A, Articles 4 and 9A govern.
(c) Regulations of the Board of Governors of the Federal
Reserve System and operating circulars of the Federal
Reserve Banks supersede any inconsistent provision of this
Article to the extent of the inconsistency. [2001 c 32 § 12;
1993 c 229 § 4; 1965 ex.s. c 157 § 3-102. Cf. former RCW
sections: (i) RCW 62.01.001(5); 1955 c 35 § 62.01.001;
prior: 1899 c 149 § 1; RRS § 3392. (ii) RCW 62.01.128;
1955 c 35 § 62.01.128; prior: 1899 c 149 § 128; RRS § 3518.
(iii) RCW 62.01.191; 1955 c 35 § 62.01.191; prior: 1899 c
149 § 191; RRS § 3581.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-103
62A.3-103 Definitions. (a) In this Article:
(1) "Acceptor" means a drawee who has accepted a draft.
(2) "Drawee" means a person ordered in a draft to make
payment.
(3) "Drawer" means a person who signs or is identified in
a draft as a person ordering payment.
(4) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(5) "Maker" means a person who signs or is identified in
a note as a person undertaking to pay.
(6) "Order" means a written instruction to pay money
signed by the person giving the instruction. The instruction
may be addressed to any person, including the person giving
the instruction, or to one or more persons jointly or in the
alternative but not in succession. An authorization to pay is
not an order unless the person authorized to pay is also
instructed to pay.
(7) "Ordinary care" in the case of a person engaged in
business means observance of reasonable commercial standards, prevailing in the area in which the person is located,
with respect to the business in which the person is engaged.
In the case of a bank that takes an instrument for processing
for collection or payment by automated means, reasonable
commercial standards do not require the bank to examine the
instrument if the failure to examine does not violate the
bank’s prescribed procedures and the bank’s procedures do
not vary unreasonably from general banking usage not disapproved by this Article or Article 4.
(8) "Party" means a party to an instrument.
(9) "Promise" means a written undertaking to pay money
signed by the person undertaking to pay. An acknowledg(2006 Ed.)
Negotiable Instruments
ment of an obligation by the obligor is not a promise unless
the obligor also undertakes to pay the obligation.
(10) "Prove" with respect to a fact means to meet the burden of establishing the fact (RCW 62A.1-201(8)).
(11) "Remitter" means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser.
(b) Other definitions applying to this Article and the sections in which they appear are:
"Acceptance"
RCW 62A.3-409
"Accommodated party"
RCW 62A.3-419
"Accommodation party"
RCW 62A.3-419
"Alteration"
RCW 62A.3-407
"Anomalous indorsement"
RCW 62A.3-205
"Blank indorsement"
RCW 62A.3-205
"Cashier’s check"
RCW 62A.3-104
"Certificate of deposit"
RCW 62A.3-104
"Certified check"
RCW 62A.3-409
"Check"
RCW 62A.3-104
"Consideration"
RCW 62A.3-303
"Draft"
RCW 62A.3-104
"Holder in due course"
RCW 62A.3-302
"Incomplete instrument"
RCW 62A.3-115
"Indorsement"
RCW 62A.3-204
"Indorser"
RCW 62A.3-204
"Instrument"
RCW 62A.3-104
"Issue"
RCW 62A.3-105
"Issuer"
RCW 62A.3-105
"Negotiable instrument"
RCW 62A.3-104
"Negotiation"
RCW 62A.3-201
"Note"
RCW 62A.3-104
"Payable at a definite time"
RCW 62A.3-108
"Payable on demand"
RCW 62A.3-108
"Payable to bearer"
RCW 62A.3-109
"Payable to order"
RCW 62A.3-109
"Payment"
RCW 62A.3-602
"Person entitled to enforce"
RCW 62A.3-301
"Presentment"
RCW 62A.3-501
"Reacquisition"
RCW 62A.3-207
"Special indorsement"
RCW 62A.3-205
"Teller’s check"
RCW 62A.3-104
"Transfer of instrument"
RCW 62A.3-203
"Traveler’s check"
RCW 62A.3-104
"Value"
RCW 62A.3-303
(c) The following definitions in other Articles apply to
this Article:
"Bank"
RCW 62A.4-105
"Banking day"
RCW 62A.4-104
"Clearing house"
RCW 62A.4-104
"Collecting bank"
RCW 62A.4-105
"Depositary bank"
RCW 62A.4-105
"Documentary draft"
RCW 62A.4-104
"Intermediary bank"
RCW 62A.4-105
"Item"
RCW 62A.4-104
"Payor bank"
RCW 62A.4-105
"Suspends payments"
RCW 62A.4-104
(d) In addition, Article 1 contains general definitions and
principles of construction and interpretation applicable
throughout this Article. [1993 c 229 § 5; 1965 ex.s. c 157 §
3-103.]
(2006 Ed.)
62A.3-104
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-104
62A.3-104 Negotiable instrument. (a) Except as provided in subsections (c) and (d), "negotiable instrument"
means an unconditional promise or order to pay a fixed
amount of money, with or without interest or other charges
described in the promise or order, if it:
(1) Is payable to bearer or to order at the time it is issued
or first comes into possession of a holder;
(2) Is payable on demand or at a definite time; and
(3) Does not state any other undertaking or instruction by
the person promising or ordering payment to do any act in
addition to the payment of money, but the promise or order
may contain (i) an undertaking or power to give, maintain, or
protect collateral to secure payment, (ii) an authorization or
power to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit of any law
intended for the advantage or protection of an obligor.
(b) "Instrument" means a negotiable instrument.
(c) An order that meets all of the requirements of subsection (a), except subsection (a)(1), and otherwise falls within
the definition of "check" in subsection (f) is a negotiable
instrument and a check.
(d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession
of a holder, it contains a conspicuous statement, however
expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.
(e) An instrument is a "note" if it is a promise and is a
"draft" if it is an order. If an instrument falls within the definition of both "note" and "draft," a person entitled to enforce
the instrument may treat it as either.
(f) "Check" means (i) a draft, other than a documentary
draft, payable on demand and drawn on a bank, or (ii) a cashier’s check or teller’s check. An instrument may be a check
even though it is described on its face by another term, such
as "money order."
(g) "Cashier’s check" means a draft with respect to
which the drawer and drawee are the same bank or branches
of the same bank.
(h) "Teller’s check" means a draft drawn by a bank (i) on
another bank, or (ii) payable at or through a bank.
(i) "Traveler’s check" means an instrument that (i) is
payable on demand, (ii) is drawn on or payable at or through
a bank, (iii) is designated by the term "traveler’s check" or by
a substantially similar term, and (iv) requires, as a condition
to payment, a countersignature by a person whose specimen
signature appears on the instrument.
(j) "Certificate of deposit" means an instrument containing an acknowledgment by a bank that a sum of money has
been received by the bank and a promise by the bank to repay
the sum of money. A certificate of deposit is a note of the
bank. [1993 c 229 § 6; 1965 ex.s. c 157 § 3-104. Cf. former
RCW sections: RCW 62.01.001, 62.01.005, 62.01.010,
62.01.126, 62.01.184, and 62.01.185; 1955 c 35 §§
62.01.001, 62.01.005, 62.01.010, 62.01.126, 62.01.184, and
62.01.185; prior: 1899 c 149 §§ 1, 5, 10, 126, 184, and 185;
RRS §§ 3392, 3396, 3401, 3516, 3574, and 3575.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
[Title 62A RCW—page 47]
62A.3-105
Title 62A RCW: Uniform Commercial Code
62A.3-105
62A.3-105 Issue of instrument. (a) "Issue" means the
first delivery of an instrument by the maker or drawer,
whether to a holder or nonholder, for the purpose of giving
rights on the instrument to any person.
(b) An unissued instrument, or an unissued incomplete
instrument that is completed, is binding on the maker or
drawer, but nonissuance is a defense. An instrument that is
conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or
special purpose to be fulfilled is a defense.
(c) "Issuer" applies to issued and unissued instruments
and means a maker or drawer of an instrument. [1993 c 229
§ 7; 1965 ex.s. c 157 § 3-105. Cf. former RCW 62.01.003;
1955 c 35 § 62.01.003; prior: 1899 c 149 § 3; RRS § 3394.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-106
62A.3-106 Unconditional promise or order. (a)
Except as provided in this section, for the purposes of RCW
62A.3-104(a), a promise or order is unconditional unless it
states (i) an express condition to payment, (ii) that the promise or order is subject to or governed by another writing, or
(iii) that rights or obligations with respect to the promise or
order are stated in another writing. A reference to another
writing does not of itself make the promise or order conditional.
(b) A promise or order is not made conditional (i) by a
reference to another writing for a statement of rights with
respect to collateral, prepayment, or acceleration, or (ii)
because payment is limited to resort to a particular fund or
source.
(c) If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not
make the promise or order conditional for the purposes of
RCW 62A.3-104(a). If the person whose specimen signature
appears on an instrument fails to countersign the instrument,
the failure to countersign is a defense to the obligation of the
issuer, but the failure does not prevent a transferee of the
instrument from becoming a holder of the instrument.
(d) If a promise or order at the time it is issued or first
comes into possession of a holder contains a statement,
required by applicable statutory or administrative law, to the
effect that the rights of a holder or transferee are subject to
claims or defenses that the issuer could assert against the
original payee, the promise or order is not thereby made conditional for the purposes of RCW 62A.3-104(a); but if the
promise or order is an instrument, there cannot be a holder in
due course of the instrument. [1993 c 229 § 8; 1989 c 13 § 1;
1965 ex.s. c 157 § 3-106. Cf. former RCW sections: (i) RCW
62.01.002; 1955 c 35 § 62.01.002; prior: 1899 c 149 § 2;
RRS § 3393. (ii) RCW 62.01.006(5); 1955 c 35 § 62.01.006;
prior: 1899 c 149 § 6; RRS § 3397.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-107
62A.3-107 Instrument payable in foreign money.
Unless the instrument otherwise provides, an instrument that
states the amount payable in foreign money may be paid in
the foreign money or in an equivalent amount in dollars calculated by using the current bank-offered spot rate at the
[Title 62A RCW—page 48]
place of payment for the purchase of dollars on the day on
which the instrument is paid. [1993 c 229 § 9; 1965 ex.s. c
157 § 3-107. Cf. former RCW 62.01.006(5); 1955 c 35 §
62.01.006; prior: 1899 c 149 § 6; RRS § 3397.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-108
62A.3-108 Payable on demand or at definite time. (a)
A promise or order is "payable on demand" if it (i) states that
it is payable on demand or at sight, or otherwise indicates that
it is payable at the will of the holder, or (ii) does not state any
time of payment.
(b) A promise or order is "payable at a definite time" if it
is payable on elapse of a definite period of time after sight or
acceptance or at a fixed date or dates or at a time or times
readily ascertainable at the time the promise or order is
issued, subject to rights of (i) prepayment, (ii) acceleration,
(iii) extension at the option of the holder, or (iv) extension to
a further definite time at the option of the maker or acceptor
or automatically upon or after a specified act or event.
(c) If an instrument, payable at a fixed date, is also payable upon demand made before the fixed date, the instrument
is payable on demand until the fixed date and, if demand for
payment is not made before that date, becomes payable at a
definite time on the fixed date. [1993 c 229 § 10; 1965 ex.s.
c 157 § 3-108. Cf. former RCW 62.01.007; 1955 c 35 §
62.01.007; prior: 1899 c 149 § 7; RRS § 3398.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-109
62A.3-109 Payable to bearer or to order. (a) A promise or order is payable to bearer if it:
(1) States that it is payable to bearer or to the order of
bearer or otherwise indicates that the person in possession of
the promise or order is entitled to payment;
(2) Does not state a payee; or
(3) States that it is payable to or to the order of cash or
otherwise indicates that it is not payable to an identified person.
(b) A promise or order that is not payable to bearer is
payable to order if it is payable (i) to the order of an identified
person or (ii) to an identified person or order. A promise or
order that is payable to order is payable to the identified person.
(c) An instrument payable to bearer may become payable
to an identified person if it is specially indorsed pursuant to
RCW 62A.3-205(a). An instrument payable to an identified
person may become payable to bearer if it is indorsed in
blank pursuant to RCW 62A.3-205(b). [1993 c 229 § 11;
1989 c 13 § 2; 1965 ex.s. c 157 § 3-109. Cf. former RCW sections: (i) RCW 62.01.002(3); 1955 c 35 § 62.01.002; prior:
1899 c 149 § 2; RRS § 3393. (ii) RCW 62.01.004; 1955 c 35
§ 62.01.004; prior: 1899 c 149 § 4; RRS § 3395. (iii) RCW
62.01.017(3); 1955 c 35 § 62.01.017; prior: 1899 c 149 § 17;
RRS § 3408.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-110
62A.3-110 Identification of person to whom instrument is payable. (a) The person to whom an instrument is
initially payable is determined by the intent of the person,
(2006 Ed.)
Negotiable Instruments
whether or not authorized, signing as, or in the name or
behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that person is
identified in the instrument by a name or other identification
that is not that of the intended person. If more than one person
signs in the name or behalf of the issuer of an instrument and
all the signers do not intend the same person as payee, the
instrument is payable to any person intended by one or more
of the signers.
(b) If the signature of the issuer of an instrument is made
by automated means, such as a check-writing machine, the
payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee,
whether or not authorized to do so.
(c) A person to whom an instrument is payable may be
identified in any way, including by name, identifying number, office, or account number. For the purpose of determining the holder of an instrument, the following rules apply:
(1) If an instrument is payable to an account and the
account is identified only by number, the instrument is payable to the person to whom the account is payable. If an
instrument is payable to an account identified by number and
by the name of a person, the instrument is payable to the
named person, whether or not that person is the owner of the
account identified by number.
(2) If an instrument is payable to:
(i) A trust, an estate, or a person described as trustee or
representative of a trust or estate, the instrument is payable to
the trustee, the representative, or a successor of either,
whether or not the beneficiary or estate is also named;
(ii) A person described as agent or similar representative
of a named or identified person, the instrument is payable to
the represented person, the representative, or a successor of
the representative;
(iii) A fund or organization that is not a legal entity, the
instrument is payable to a representative of the members of
the fund or organization; or
(iv) An office or to a person described as holding an
office, the instrument is payable to the named person, the
incumbent of the office, or a successor to the incumbent.
(d) If an instrument is payable to two or more persons
alternatively, it is payable to any of them and may be negotiated, discharged, or enforced by any or all of them in possession of the instrument. If an instrument is payable to two or
more persons not alternatively, it is payable to all of them and
may be negotiated, discharged, or enforced only by all of
them. If an instrument payable to two or more persons is
ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively.
[1993 c 229 § 12; 1965 ex.s. c 157 § 3-110. Cf. former RCW
62.01.008; 1955 c 35 § 62.01.008; prior: 1899 c 149 § 8;
RRS § 3399.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-111
62A.3-111 Place of payment. Except as otherwise provided for items in Article 4, an instrument is payable at the
place of payment stated in the instrument. If no place of payment is stated, an instrument is payable at the address of the
drawee or maker stated in the instrument. If no address is
stated, the place of payment is the place of business of the
(2006 Ed.)
62A.3-114
drawee or maker. If a drawee or maker has more than one
place of business, the place of payment is any place of business of the drawee or maker chosen by the person entitled to
enforce the instrument. If the drawee or maker has no place of
business, the place of payment is the residence of the drawee
or maker. [1993 c 229 § 13; 1965 ex.s. c 157 § 3-111. Cf.
former RCW 62.01.009; 1955 c 35 § 62.01.009; prior: 1899
c 149 § 9; RRS § 3400.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-112
62A.3-112 Interest. (a) Unless otherwise provided in
the instrument or in RCW 19.52.010, (i) an instrument is not
payable with interest, and (ii) interest on an interest-bearing
instrument is payable from the date of the instrument.
(b) Interest may be stated in an instrument as a fixed or
variable amount of money or it may be expressed as a fixed
or variable rate or rates. The amount or rate of interest may be
stated or described in the instrument in any manner and may
require reference to information not contained in the instrument. If an instrument provides for interest, but the amount of
interest payable cannot be ascertained from the description,
then except as otherwise provided in RCW 19.52.010, interest is payable at the judgment rate in effect at the place of
payment of the instrument and at the time interest first
accrues. [1996 c 77 § 3; 1993 c 229 § 14; 1965 ex.s. c 157 §
3-112. Cf. former RCW sections: (i) 62.01.005; 1955 c 35 §
62.01.005; prior: 1899 c 149 § 5; RRS § 3396. (ii) RCW
62.01.006; 1955 c 35 § 62.01.006; prior: 1899 c 149 § 6;
RRS § 3397.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-113
62A.3-113 Date of instrument. (a) An instrument may
be antedated or postdated. The date stated determines the
time of payment if the instrument is payable at a fixed period
after date. Except as provided in RCW 62A.4-401(c), an
instrument payable on demand is not payable before the date
of the instrument.
(b) If an instrument is undated, its date is the date of its
issue or, in the case of an unissued instrument, the date it first
comes into possession of a holder. [1993 c 229 § 15; 1965
ex.s. c 157 § 3-113. Cf. former RCW 62.01.006(4); 1955 c 35
§ 62.01.006; prior: 1899 c 149 § 6; RRS § 3397.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-114
62A.3-114 Contradictory terms of instrument. If an
instrument contains contradictory terms, typewritten terms
prevail over printed terms, handwritten terms prevail over
both, and words prevail over numbers. [1993 c 229 § 16;
1965 ex.s. c 157 § 3-114. Cf. former RCW sections: (i) RCW
62.01.006(1); 1955 c 35 § 62.01.006; prior: 1899 c 149 § 6;
RRS § 3397. (ii) RCW 62.01.011; 1955 c 35 § 62.01.011;
prior: 1899 c 149 § 11; RRS § 3402. (iii) RCW 62.01.012;
1955 c 35 § 62.01.012; prior: 1899 c 149 § 12; RRS § 3403.
(iv) RCW 62.01.017(3); 1955 c 35 § 62.01.017; prior: 1899
c 149 § 17; RRS § 3408.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
[Title 62A RCW—page 49]
62A.3-115
Title 62A RCW: Uniform Commercial Code
62A.3-115
62A.3-115 Incomplete instrument. (a) "Incomplete
instrument" means a signed writing, whether or not issued by
the signer, the contents of which show at the time of signing
that it is incomplete but that the signer intended it to be completed by the addition of words or numbers.
(b) Subject to subsection (c), if an incomplete instrument
is an instrument under RCW 62A.3-104, it may be enforced
according to its terms if it is not completed, or according to its
terms as augmented by completion. If an incomplete instrument is not an instrument under RCW 62A.3-104, but, after
completion, the requirements of RCW 62A.3-104 are met,
the instrument may be enforced according to its terms as augmented by completion.
(c) If words or numbers are added to an incomplete
instrument without authority of the signer, there is an alteration of the incomplete instrument under RCW 62A.3-407.
(d) The burden of establishing that words or numbers
were added to an incomplete instrument without authority of
the signer is on the person asserting the lack of authority.
[1993 c 229 § 17; 1965 ex.s. c 157 § 3-115. Cf. former RCW
sections: (i) RCW 62.01.013; 1955 c 35 § 62.01.013; prior:
1899 c 149 § 13; RRS § 3404. (ii) RCW 62.01.014; 1955 c 35
§ 62.01.014; prior: 1899 c 149 § 14; RRS § 3405. (iii) RCW
62.01.015; 1955 c 35 § 62.01.015; prior: 1899 c 149 § 15;
RRS § 3406.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-116
62A.3-116 Joint and several liability; contribution.
(a) Except as otherwise provided in the instrument, two or
more persons who have the same liability on an instrument as
makers, drawers, acceptors, indorsers who indorse as joint
payees, or anomalous indorsers are jointly and severally liable in the capacity in which they sign.
(b) Except as provided in RCW 62A.3-419(e) or by
agreement of the affected parties, a party having joint and
several liability who pays the instrument is entitled to receive
from any party having the same joint and several liability
contribution in accordance with applicable law.
(c) Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not
affect the right under subsection (b) of a party having the
same joint and several liability to receive contribution from
the party discharged. [1993 c 229 § 18; 1965 ex.s. c 157 § 3116. Cf. former RCW 62.01.041; 1955 c 35 § 62.01.041;
prior: 1899 c 149 § 41; RRS § 3432.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-117
62A.3-117 Other agreements affecting instrument.
Subject to applicable law regarding exclusion of proof of
contemporaneous or previous agreements, the obligation of a
party to an instrument to pay the instrument may be modified,
supplemented, or nullified by a separate agreement of the
obligor and a person entitled to enforce the instrument, if the
instrument is issued or the obligation is incurred in reliance
on the agreement or as part of the same transaction giving rise
to the agreement. To the extent an obligation is modified,
supplemented, or nullified by an agreement under this section, the agreement is a defense to the obligation. [1993 c 229
[Title 62A RCW—page 50]
§ 19; 1965 ex.s. c 157 § 3-117. Cf. former RCW 62.01.042;
1955 c 35 § 62.01.042; prior: 1899 c 149 § 42; RRS § 3433.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-118
62A.3-118 Statute of limitations. (a) Except as provided in subsection (e), an action to enforce the obligation of
a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in
the note or, if a due date is accelerated, within six years after
the accelerated due date.
(b) Except as provided in subsection (d) or (e), if demand
for payment is made to the maker of a note payable on
demand, an action to enforce the obligation of a party to pay
the note must be commenced within six years after the
demand. If no demand for payment is made to the maker, an
action to enforce the note is barred if neither principal nor
interest on the note has been paid for a continuous period of
ten years.
(c) Except as provided in subsection (d), an action to
enforce the obligation of a party to an unaccepted draft to pay
the draft must be commenced within six years after dishonor
of the draft or ten years after the date of the draft, whichever
period expires first.
(d) An action to enforce the obligation of the acceptor of
a certified check or the issuer of a teller’s check, cashier’s
check, or traveler’s check must be commenced within three
years after demand for payment is made to the acceptor or
issuer, as the case may be.
(e) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced
within six years after demand for payment is made to the
maker, but if the instrument states a due date and the maker is
not required to pay before that date, the six-year period
begins when a demand for payment is in effect and the due
date has passed.
(f) An action to enforce the obligation of a party to pay
an accepted draft, other than a certified check, must be commenced (i) within six years after the due date or dates stated
in the draft or acceptance if the obligation of the acceptor is
payable at a definite time, or (ii) within six years after the
date of the acceptance if the obligation of the acceptor is payable on demand.
(g) Unless governed by other law regarding claims for
indemnity or contribution, an action (i) for conversion of an
instrument, for money had and received, or like action based
on conversion, (ii) for breach of warranty, or (iii) to enforce
an obligation, duty, or right arising under this Article and not
governed by this section must be commenced within three
years after the cause of action accrues. [1995 c 74 § 1; 1993
c 229 § 20; 1965 ex.s. c 157 § 3-118. Cf. former RCW sections: (i) RCW 62.01.017; 1955 c 35 § 62.01.017; prior:
1899 c 149 § 17; RRS § 3408. (ii) RCW 62.01.068; 1955 c 35
§ 62.01.068; prior: 1899 c 149 § 68; RRS § 3459. (iii) RCW
62.01.130; 1955 c 35 § 62.01.130; prior: 1899 c 149 § 130;
RRS § 3520.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-119
62A.3-119 Notice of right to defend action. In an
action for breach of an obligation for which a third person is
(2006 Ed.)
Negotiable Instruments
answerable over pursuant to this Article or Article 4, the
defendant may give the third person written notice of the litigation, and the person notified may then give similar notice
to any other person who is answerable over. If the notice
states (i) that the person notified may come in and defend and
(ii) that failure to do so will bind the person notified in an
action later brought by the person giving the notice as to any
determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the
notice the person notified does come in and defend. [1993 c
229 § 21; 1965 ex.s. c 157 § 3-119.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
PART 2
NEGOTIATION, TRANSFER, AND INDORSEMENT
62A.3-201
62A.3-201 Negotiation. (a) "Negotiation" means a
transfer of possession, whether voluntary or involuntary, of
an instrument by a person other than the issuer to a person
who thereby becomes its holder.
(b) Except for negotiation by a remitter, if an instrument
is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the
holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone. [1993 c 229 § 22; 1965
ex.s. c 157 § 3-201. Cf. former RCW sections: (i) RCW
62.01.027; 1955 c 35 § 62.01.027; prior: 1899 c 149 § 27;
RRS § 3418. (ii) RCW 62.01.049; 1955 c 35 § 62.01.049;
prior: 1899 c 149 § 49; RRS § 3440. (iii) RCW 62.01.058;
1955 c 35 § 62.01.058; prior: 1899 c 149 § 58; RRS § 3449.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-202
62A.3-202 Negotiation subject to rescission. (a)
Negotiation is effective even if obtained (i) from an infant, a
corporation exceeding its powers, or a person without capacity, (ii) by fraud, duress, or mistake, or (iii) in breach of duty
or as part of an illegal transaction.
(b) To the extent permitted by other law, negotiation may
be rescinded or may be subject to other remedies, but those
remedies may not be asserted against a subsequent holder in
due course or a person paying the instrument in good faith
and without knowledge of facts that are a basis for rescission
or other remedy. [1993 c 229 § 23; 1965 ex.s. c 157 § 3-202.
Cf. former RCW sections: (i) RCW 62.01.030; 1955 c 35 §
62.01.030; prior: 1899 c 149 § 30; RRS § 3421. (ii) RCW
62.01.031; 1955 c 35 § 62.01.031; prior: 1899 c 149 § 31;
RRS § 3422. (iii) RCW 62.01.032; 1955 c 35 § 62.01.032;
prior: 1899 c 149 § 32; RRS § 3423.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-205
holder in due course, but the transferee cannot acquire rights
of a holder in due course by a transfer, directly or indirectly,
from a holder in due course if the transferee engaged in fraud
or illegality affecting the instrument.
(c) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder
because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified
indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made.
(d) If a transferor purports to transfer less than the entire
instrument, negotiation of the instrument does not occur. The
transferee obtains no rights under this Article and has only
the rights of a partial assignee. [1993 c 229 § 24; 1965 ex.s.
c 157 § 3-203. Cf. former RCW 62.01.043; 1955 c 35 §
62.01.043; prior: 1899 c 149 § 43; RRS § 3434.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-204
62A.3-204 Indorsement. (a) "Indorsement" means a
signature, other than that of a signer as maker, drawer, or
acceptor, that alone or accompanied by other words is made
on an instrument for the purpose of (i) negotiating the instrument, (ii) restricting payment of the instrument, or (iii) incurring indorser’s liability on the instrument, but regardless of
the intent of the signer, a signature and its accompanying
words is an indorsement unless the accompanying words,
terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was
made for a purpose other than indorsement. For the purpose
of determining whether a signature is made on an instrument,
a paper affixed to the instrument is a part of the instrument.
(b) "Indorser" means a person who makes an indorsement.
(c) For the purpose of determining whether the transferee
of an instrument is a holder, an indorsement that transfers a
security interest in the instrument is effective as an unqualified indorsement of the instrument.
(d) If an instrument is payable to a holder under a name
that is not the name of the holder, indorsement may be made
by the holder in the name stated in the instrument or in the
holder’s name or both, but signature in both names may be
required by a person paying or taking the instrument for value
or collection. [1993 c 229 § 25; 1965 ex.s. c 157 § 3-204. Cf.
former RCW sections: (i) RCW 62.01.009(5); 1955 c 35 §
62.01.009; prior: 1899 c 149 § 9; RRS § 3400. (ii) RCW
62.01.033 through 62.01.036; 1955 c 35 §§ 62.01.033
through 62.01.036; prior: 1899 c 149 §§ 33 through 36; RRS
§§ 3424 through 3427. (iii) RCW 62.01.040; 1955 c 35 §
62.01.040; prior: 1899 c 149 § 40; RRS § 3431.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-203
62A.3-203 Transfer of instrument; rights acquired
by transfer. (a) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving
to the person receiving delivery the right to enforce the
instrument.
(b) Transfer of an instrument, whether or not the transfer
is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a
(2006 Ed.)
62A.3-205
62A.3-205 Special indorsement; blank indorsement;
anomalous indorsement. (a) If an indorsement is made by
the holder of an instrument, whether payable to an identified
person or payable to bearer, and the indorsement identifies a
person to whom it makes the instrument payable, it is a "special indorsement." When specially indorsed, an instrument
becomes payable to the identified person and may be negoti[Title 62A RCW—page 51]
62A.3-206
Title 62A RCW: Uniform Commercial Code
ated only by the indorsement of that person. The principles
stated in RCW 62A.3-110 apply to special indorsements.
(b) If an indorsement is made by the holder of an instrument and it is not a special indorsement, it is a "blank indorsement." When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed.
(c) The holder may convert a blank indorsement that
consists only of a signature into a special indorsement by
writing, above the signature of the indorser, words identifying the person to whom the instrument is made payable.
(d) "Anomalous indorsement" means an indorsement
made by a person who is not the holder of the instrument. An
anomalous indorsement does not affect the manner in which
the instrument may be negotiated. [1993 c 229 § 26; 1965
ex.s. c 157 § 3-205. Cf. former RCW sections: (i) RCW
62.01.036; 1955 c 35 § 62.01.036; prior: 1899 c 149 § 36;
RRS § 3427. (ii) RCW 62.01.039; 1955 c 35 § 62.01.039;
prior: 1899 c 149 § 39; RRS § 3430.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-206
62A.3-206 Restrictive indorsement. (a) An indorsement limiting payment to a particular person or otherwise
prohibiting further transfer or negotiation of the instrument is
not effective to prevent further transfer or negotiation of the
instrument.
(b) An indorsement stating a condition to the right of the
indorsee to receive payment does not affect the right of the
indorsee to enforce the instrument. A person paying the
instrument or taking it for value or collection may disregard
the condition, and the rights and liabilities of that person are
not affected by whether the condition has been fulfilled.
(c) If an instrument bears an indorsement (i) described in
RCW 62A.4-201(b), or (ii) in blank or to a particular bank
using the words "for deposit," "for collection," or other words
indicating a purpose of having the instrument collected by a
bank for the indorser or for a particular account, the following rules apply:
(1) A person, other than a bank, who purchases the
instrument when so indorsed converts the instrument unless
the amount paid for the instrument is received by the indorser
or applied consistently with the indorsement.
(2) A depositary bank that purchases the instrument or
takes it for collection when so indorsed converts the instrument unless the amount paid by the bank with respect to the
instrument is received by the indorser or applied consistently
with the indorsement.
(3) A payor bank that is also the depositary bank or that
takes the instrument for immediate payment over the counter
from a person other than a collecting bank converts the
instrument unless the proceeds of the instrument are received
by the indorser or applied consistently with the indorsement.
(4) Except as otherwise provided in subsection (c)(3), a
payor bank or intermediary bank may disregard the indorsement and is not liable if the proceeds of the instrument are not
received by the indorser or applied consistently with the
indorsement.
(d) Except for an indorsement covered by subsection (c),
if an instrument bears an indorsement using words to the
effect that payment is to be made to the indorsee as agent,
[Title 62A RCW—page 52]
trustee, or other fiduciary for the benefit of the indorser or
another person, the following rules apply:
(1) Unless there is notice of breach of fiduciary duty as
provided in RCW 62A.3-307, a person who purchases the
instrument from the indorsee or takes the instrument from the
indorsee for collection or payment may pay the proceeds of
payment or the value given for the instrument to the indorsee
without regard to whether the indorsee violates a fiduciary
duty to the indorser.
(2) A subsequent transferee of the instrument or person
who pays the instrument is neither given notice nor otherwise
affected by the restriction in the indorsement unless the transferee or payor knows that the fiduciary dealt with the instrument or its proceeds in breach of fiduciary duty.
(e) The presence on an instrument of an indorsement to
which this section applies does not prevent a purchaser of the
instrument from becoming a holder in due course of the
instrument unless the purchaser is a converter under subsection (c) or has notice or knowledge of breach of fiduciary
duty as stated in subsection (d).
(f) In an action to enforce the obligation of a party to pay
the instrument, the obligor has a defense if payment would
violate an indorsement to which this section applies and the
payment is not permitted by this section. [1993 c 229 § 27;
1965 ex.s. c 157 § 3-206. Cf. former RCW sections: (i) RCW
62.01.036; 1955 c 35 § 62.01.036; prior: 1899 c 149 § 36;
RRS § 3427. (ii) RCW 62.01.037; 1955 c 35 § 62.01.037;
prior: 1899 c 149 § 37; RRS § 3428. (iii) RCW 62.01.039;
1955 c 35 § 62.01.039; prior: 1899 c 149 § 39; RRS § 3430.
(iv) RCW 62.01.047; 1955 c 35 § 62.01.047; prior: 1899 c
149 § 47; RRS § 3438.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-207
62A.3-207 Reacquisition. Reacquisition of an instrument occurs if it is transferred to a former holder, by negotiation or otherwise. A former holder who reacquires the instrument may cancel indorsements made after the reacquirer first
became a holder of the instrument. If the cancellation causes
the instrument to be payable to the reacquirer or to bearer, the
reacquirer may negotiate the instrument. An indorser whose
indorsement is canceled is discharged, and the discharge is
effective against any subsequent holder. [1993 c 229 § 28;
1965 ex.s. c 157 § 3-207. Cf. former RCW sections: (i) RCW
62.01.022; 1955 c 35 § 62.01.022; prior: 1899 c 149 § 22;
RRS § 3413. (ii) RCW 62.01.058; 1955 c 35 § 62.01.058;
prior: 1899 c 149 § 58; RRS § 3449. (iii) RCW 62.01.059;
1955 c 35 § 62.01.059; prior: 1899 c 149 § 59; RRS § 3450.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
PART 3
ENFORCEMENT OF INSTRUMENTS
62A.3-301
62A.3-301 Person entitled to enforce instrument.
"Person entitled to enforce" an instrument means (i) the
holder of the instrument, (ii) a nonholder in possession of the
instrument who has the rights of a holder, or (iii) a person not
in possession of the instrument who is entitled to enforce the
instrument pursuant to RCW 62A.3-309 or 62A.3-418(d). A
person may be a person entitled to enforce the instrument
(2006 Ed.)
Negotiable Instruments
even though the person is not the owner of the instrument or
is in wrongful possession of the instrument. [1993 c 229 §
29; 1965 ex.s. c 157 § 3-301. Cf. former RCW 62.01.051;
1955 c 35 § 62.01.051; prior: 1899 c 149 § 51; RRS § 3442.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-302
62A.3-302 Holder in due course. (a) Subject to subsection (c) and RCW 62A.3-106(d), "holder in due course"
means the holder of an instrument if:
(1) The instrument when issued or negotiated to the
holder does not bear such apparent evidence of forgery or
alteration or is not otherwise so irregular or incomplete as to
call into question its authenticity; and
(2) The holder took the instrument (i) for value, (ii) in
good faith, (iii) without notice that the instrument is overdue
or has been dishonored or that there is an uncured default
with respect to payment of another instrument issued as part
of the same series, (iv) without notice that the instrument
contains an unauthorized signature or has been altered, (v)
without notice of any claim to the instrument described in
RCW 62A.3-306, and (vi) without notice that any party has a
defense or claim in recoupment described in RCW
62A.3-305(a).
(b) Notice of discharge of a party, other than discharge in
an insolvency proceeding, is not notice of a defense under
subsection (a), but discharge is effective against a person who
became a holder in due course with notice of the discharge.
Public filing or recording of a document does not of itself
constitute notice of a defense, claim in recoupment, or claim
to the instrument.
(c) Except to the extent a transferor or predecessor in
interest has rights as a holder in due course, a person does not
acquire rights of a holder in due course of an instrument taken
(i) by legal process or by purchase in an execution, bankruptcy, or creditor’s sale or similar proceeding, (ii) by purchase as part of a bulk transaction not in ordinary course of
business of the transferor, or (iii) as the successor in interest
to an estate or other organization.
(d) If, under RCW 62A.3-303(a)(1), the promise of performance that is the consideration for an instrument has been
partially performed, the holder may assert rights as a holder
in due course of the instrument only to the fraction of the
amount payable under the instrument equal to the value of the
partial performance divided by the value of the promised performance.
(e) If (i) the person entitled to enforce an instrument has
only a security interest in the instrument and (ii) the person
obliged to pay the instrument has a defense, claim in recoupment, or claim to the instrument that may be asserted against
the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in
due course only to an amount payable under the instrument
which, at the time of enforcement of the instrument, does not
exceed the amount of the unpaid obligation secured.
(f) To be effective, notice must be received at a time and
in a manner that gives a reasonable opportunity to act on it.
(g) This section is subject to any law limiting status as a
holder in due course in particular classes of transactions.
[1993 c 229 § 30; 1965 ex.s. c 157 § 3-302. Cf. former RCW
sections: (i) RCW 62.01.027; 1955 c 35 § 62.01.027; prior:
(2006 Ed.)
62A.3-304
1899 c 149 § 27; RRS § 3418. (ii) RCW 62.01.052; 1955 c 35
§ 62.01.052; prior: 1899 c 149 § 52; RRS § 3443.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-303
62A.3-303 Value and consideration. (a) An instrument is issued or transferred for value if:
(1) The instrument is issued or transferred for a promise
of performance, to the extent the promise has been performed;
(2) The transferee acquires a security interest or other
lien in the instrument other than a lien obtained by judicial
proceeding;
(3) The instrument is issued or transferred as payment of,
or as security for, an antecedent claim against any person,
whether or not the claim is due;
(4) The instrument is issued or transferred in exchange
for a negotiable instrument; or
(5) The instrument is issued or transferred in exchange
for the incurring of an irrevocable obligation to a third party
by the person taking the instrument.
(b) "Consideration" means any consideration sufficient
to support a simple contract. The drawer or maker of an
instrument has a defense if the instrument is issued without
consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance
of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in
subsection (a), the instrument is also issued for consideration.
[1993 c 229 § 31; 1965 ex.s. c 157 § 3-303. Cf. former RCW
sections: (i) RCW 62.01.025 through 62.01.027; 1955 c 35
§§ 62.01.025 through 62.01.027; prior: 1899 c 149 §§ 25
through 27; RRS §§ 3416 through 3418. (ii) RCW 62.01.054;
1955 c 35 § 62.01.054; prior: 1899 c 149 § 54; RRS § 3445.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-304
62A.3-304 Overdue instrument. (a) An instrument
payable on demand becomes overdue at the earliest of the following times:
(1) On the day after the day demand for payment is duly
made;
(2) If the instrument is a check, 90 days after its date; or
(3) If the instrument is not a check, when the instrument
has been outstanding for a period of time after its date which
is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of
the trade.
(b) With respect to an instrument payable at a definite
time the following rules apply:
(1) If the principal is payable in installments and a due
date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an
installment, and the instrument remains overdue until the
default is cured.
(2) If the principal is not payable in installments and the
due date has not been accelerated, the instrument becomes
overdue on the day after the due date.
(3) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the
accelerated due date.
[Title 62A RCW—page 53]
62A.3-305
Title 62A RCW: Uniform Commercial Code
(c) Unless the due date of principal has been accelerated,
an instrument does not become overdue if there is default in
payment of interest but no default in payment of principal.
[1993 c 229 § 32; 1965 ex.s. c 157 § 3-304. Cf. former RCW
sections: (i) RCW 62.01.045, 62.01.052, 62.01.053,
62.01.055, and 62.01.056; 1955 c 35 §§ 62.01.045,
62.01.052, 62.01.053, 62.01.055, and 62.01.056; prior: 1899
c 149 §§ 45, 52, 53, 55, and 56; RRS §§ 3436, 3443, 3444,
3446, and 3447. (ii) RCW 62.01.0195; 1955 c 35 §
62.01.0195; prior: 1927 c 296 § 1; 1925 ex.s. c 54 § 1; RRS
§ 3410-1.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-305
62A.3-305 Defenses and claims in recoupment. (a)
Except as stated in subsection (b), the right to enforce the
obligation of a party to pay an instrument is subject to the following:
(1) A defense of the obligor based on (i) infancy of the
obligor to the extent it is a defense to a simple contract, (ii)
duress, lack of legal capacity, or illegality of the transaction
which, under other law, nullifies the obligation of the obligor,
(iii) fraud that induced the obligor to sign the instrument with
neither knowledge nor reasonable opportunity to learn of its
character or its essential terms, or (iv) discharge of the obligor in insolvency proceedings;
(2) A defense of the obligor stated in another section of
this Article or a defense of the obligor that would be available
if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract; and
(3) A claim in recoupment of the obligor against the
original payee of the instrument if the claim arose from the
transaction that gave rise to the instrument; but the claim of
the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at
the time the action is brought.
(b) The right of a holder in due course to enforce the
obligation of a party to pay the instrument is subject to
defenses of the obligor stated in subsection (a)(1), but is not
subject to defenses of the obligor stated in subsection (a)(2)
or claims in recoupment stated in subsection (a)(3) against a
person other than the holder.
(c) Except as stated in subsection (d), in an action to
enforce the obligation of a party to pay the instrument, the
obligor may not assert against the person entitled to enforce
the instrument a defense, claim in recoupment, or claim to the
instrument (RCW 62A.3-306) of another person, but the
other person’s claim to the instrument may be asserted by the
obligor if the other person is joined in the action and personally asserts the claim against the person entitled to enforce the
instrument. An obligor is not obliged to pay the instrument if
the person seeking enforcement of the instrument does not
have rights of a holder in due course and the obligor proves
that the instrument is a lost or stolen instrument.
(d) In an action to enforce the obligation of an accommodation party to pay an instrument, the accommodation party
may assert against the person entitled to enforce the instrument any defense or claim in recoupment under subsection
(a) that the accommodated party could assert against the person entitled to enforce the instrument, except the defenses of
discharge in insolvency proceedings, infancy, and lack of
[Title 62A RCW—page 54]
legal capacity. [1993 c 229 § 33; 1965 ex.s. c 157 § 3-305.
Cf. former RCW sections: (i) RCW 62.01.015; 1955 c 35 §
62.01.015; prior: 1899 c 149 § 15; RRS § 3406. (ii) RCW
62.01.016; 1955 c 35 § 62.01.016; prior: 1899 c 149 § 16;
RRS § 3407. (iii) RCW 62.01.057; 1955 c 35 § 62.01.057;
prior: 1899 c 149 § 57; RRS § 3448.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-306
62A.3-306 Claims to an instrument. A person taking
an instrument, other than a person having rights of a holder in
due course, is subject to a claim of a property or possessory
right in the instrument or its proceeds, including a claim to
rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes
free of the claim to the instrument. [1993 c 229 § 34; 1965
ex.s. c 157 § 3-306. Cf. former RCW sections: (i) RCW
62.01.016; 1955 c 35 § 62.01.016; prior: 1899 c 149 § 16;
RRS § 3407. (ii) RCW 62.01.028; 1955 c 35 § 62.01.028;
prior: 1899 c 149 § 28; RRS § 3419. (iii) RCW 62.01.058;
1955 c 35 § 62.01.058; prior: 1899 c 149 § 58; RRS § 3449.
(iv) RCW 62.01.059; 1955 c 35 § 62.01.059; prior: 1899 c
149 § 59; RRS § 3450.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-307
62A.3-307 Notice of breach of fiduciary duty. (a) In
this section:
(1) "Fiduciary" means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument.
(2) "Represented person" means the principal, beneficiary, partnership, corporation, or other person to whom the
duty stated in subsection (a)(1) is owed.
(b) If (i) an instrument is taken from a fiduciary for payment or collection or for value, (ii) the taker has knowledge
of the fiduciary status of the fiduciary, and (iii) the represented person makes a claim to the instrument or its proceeds
on the basis that the transaction of the fiduciary is a breach of
fiduciary duty, the following rules apply:
(1) Notice of breach of fiduciary duty by the fiduciary is
notice of the claim of the represented person.
(2) In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of
the breach of fiduciary duty if the instrument is (i) taken in
payment of or as security for a debt known by the taker to be
the personal debt of the fiduciary, (ii) taken in a transaction
known by the taker to be for the personal benefit of the fiduciary, or (iii) deposited to an account other than an account of
the fiduciary, as such, or an account of the represented person.
(3) If an instrument is issued by the represented person
or the fiduciary as such, and made payable to the fiduciary
personally, the taker does not have notice of the breach of
fiduciary duty unless the taker knows of the breach of fiduciary duty.
(4) If an instrument is issued by the represented person
or the fiduciary as such, to the taker as payee, the taker has
notice of the breach of fiduciary duty if the instrument is (i)
taken in payment of or as security for a debt known by the
taker to be the personal debt of the fiduciary, (ii) taken in a
(2006 Ed.)
Negotiable Instruments
transaction known by the taker to be for the personal benefit
of the fiduciary, or (iii) deposited to an account other than an
account of the fiduciary, as such, or an account of the represented person. [1993 c 229 § 35; 1965 ex.s. c 157 § 3-307.
Cf. former RCW 62.01.059; 1955 c 35 § 62.01.059; prior:
1899 c 149 § 59; RRS § 3450.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-308
62A.3-308 Proof of signatures and status as holder in
due course. (a) In an action with respect to an instrument,
the authenticity of, and authority to make, each signature on
the instrument is admitted unless specifically denied in the
pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person
claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability
of the purported signer and the signer is dead or incompetent
at the time of trial of the issue of validity of the signature. If
an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the
instrument as a party to the instrument, the plaintiff has the
burden of establishing that the defendant is liable on the
instrument as a represented person under RCW
62A.3-402(a).
(b) If the validity of signatures is admitted or proved and
there is compliance with subsection (a), a plaintiff producing
the instrument is entitled to payment if the plaintiff proves
entitlement to enforce the instrument under RCW 62A.3-301,
unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right
to payment of the plaintiff is subject to the defense or claim,
except to the extent the plaintiff proves that the plaintiff has
rights of a holder in due course which are not subject to the
defense or claim. [1993 c 229 § 36.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-309
62A.3-309 Enforcement of lost, destroyed, or stolen
instrument. (a) A person not in possession of an instrument
is entitled to enforce the instrument if (i) the person was in
possession of the instrument and entitled to enforce it when
loss of possession occurred, (ii) the loss of possession was
not the result of a transfer by the person or a lawful seizure,
and (iii) the person cannot reasonably obtain possession of
the instrument because the instrument was destroyed, its
whereabouts cannot be determined, or it is in the wrongful
possession of an unknown person or a person that cannot be
found or is not amenable to service of process.
(b) A person seeking enforcement of an instrument under
subsection (a) must prove the terms of the instrument and the
person’s right to enforce the instrument. If that proof is made,
RCW 62A.3-308 applies to the case as if the person seeking
enforcement had produced the instrument. The court may not
enter judgment in favor of the person seeking enforcement
unless it finds that the person required to pay the instrument
is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument.
Adequate protection may be provided by any reasonable
means. [1993 c 229 § 37.]
(2006 Ed.)
62A.3-311
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-310
62A.3-310 Effect of instrument on obligation for
which taken. (a) Unless otherwise agreed, if a certified
check, cashier’s check, or teller’s check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the
amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an indorser of the instrument.
(b) Unless otherwise agreed and except as provided in
subsection (a), if a note or an uncertified check is taken for an
obligation, the obligation is suspended to the same extent the
obligation would be discharged if an amount of money equal
to the amount of the instrument were taken, and the following
rules apply:
(1) In the case of an uncertified check, suspension of the
obligation continues until dishonor of the check or until it is
paid or certified. Payment or certification of the check results
in discharge of the obligation to the extent of the amount of
the check.
(2) In the case of a note, suspension of the obligation
continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the
extent of the payment.
(3) Except as provided in subsection (b)(4), if the check
or note is dishonored and the obligee of the obligation for
which the instrument was taken is the person entitled to
enforce the instrument, the obligee may enforce either the
instrument or the obligation. In the case of an instrument of a
third person which is negotiated to the obligee by the obligor,
discharge of the obligor on the instrument also discharges the
obligation.
(4) If the person entitled to enforce the instrument taken
for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to
enforce the instrument but no longer has possession of it
because it was lost, stolen, or destroyed, the obligation may
not be enforced to the extent of the amount payable on the
instrument, and to that extent the obligee’s rights against the
obligor are limited to enforcement of the instrument.
(c) If an instrument other than one described in subsection (a) or (b) is taken for an obligation, the effect is (i) that
stated in subsection (a) if the instrument is one on which a
bank is liable as maker or acceptor, or (ii) that stated in subsection (b) in any other case. [1993 c 229 § 38.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-311
62A.3-311 Accord and satisfaction by use of instrument. (a) If a person against whom a claim is asserted proves
that (i) that person in good faith tendered an instrument to the
claimant as full satisfaction of the claim, (ii) the amount of
the claim was unliquidated or subject to a bona fide dispute,
and (iii) the claimant obtained payment of the instrument, the
following subsections apply.
(b) Unless subsection (c) applies, the claim is discharged
if the person against whom the claim is asserted proves that
the instrument or an accompanying written communication
[Title 62A RCW—page 55]
62A.3-312
Title 62A RCW: Uniform Commercial Code
contained a conspicuous statement to the effect that the
instrument was tendered as full satisfaction of the claim.
(c) Subject to subsection (d), a claim is not discharged
under subsection (b) if either of the following applies:
(1) The claimant, if an organization, proves that (i)
within a reasonable time before the tender, the claimant sent
a conspicuous statement to the person against whom the
claim is asserted that communications concerning disputed
debts, including an instrument tendered as full satisfaction of
a debt, are to be sent to a designated person, office, or place,
and (ii) the instrument or accompanying communication was
not received by that designated person, office, or place.
(2) The claimant, whether or not an organization, proves
that within 90 days after payment of the instrument, the
claimant tendered repayment of the amount of the instrument
to the person against whom the claim is asserted. This subsection (c)(2) does not apply if the claimant is an organization
that sent a statement complying with subsection (c)(1)(i).
(d) A claim is discharged if the person against whom the
claim is asserted proves that within a reasonable time before
collection of the instrument was initiated, the claimant, or an
agent of the claimant having direct responsibility with respect
to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim. [1993 c 229 § 39.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-312
62A.3-312 Lost, destroyed, or stolen cashier’s check,
teller’s check, or certified check. (a) In this section:
(1) "Check" means a cashier’s check, teller’s check, or
certified check.
(2) "Claimant" means a person who claims the right to
receive the amount of a cashier’s check, teller’s check, or certified check that was lost, destroyed, or stolen.
(3) "Declaration of loss" means a written statement,
made under penalty of perjury, to the effect that (i) the
declarer lost possession of a check, (ii) the declarer is the
drawer or payee of the check, in the case of a certified check,
or the remitter or payee of the check, in the case of a cashier’s
check or teller’s check, (iii) the loss of possession was not the
result of a transfer by the declarer or a lawful seizure, and (iv)
the declarer cannot reasonably obtain possession of the check
because the check was destroyed, its whereabouts cannot be
determined, or it is in the wrongful possession of an unknown
person or a person that cannot be found or is not amendable
[amenable] to service of process.
(4) "Obligated bank" means the insurer of a cashier’s
check or teller’s check or the acceptor of a certified check.
(b) A claimant may assert a claim to the amount of a
check by a communication to the obligated bank describing
the check with reasonable certainty and requesting payment
of the amount of the check, if (i) the claimant is the drawer or
payee of a certified check or the remitter or payee of a cashier’s check or teller’s check, (ii) the communication contains
or is accompanied by a declaration of loss of the claimant
with respect to the check, (iii) the communication is received
at a time and in a manner affording the bank a reasonable
time to act on it before the check is paid, and (iv) the claimant
provides reasonable identification if requested by the obligated bank. Delivery of a declaration of loss is a warranty of
the truth of the statements made in the declaration. If a claim
[Title 62A RCW—page 56]
is asserted in compliance with this subsection, the following
rules apply:
(1) The claim becomes enforceable at the later of (i) the
time the claim is asserted, or (ii) the ninetieth day following
the date of the check, in the case of a cashier’s check or
teller’s check, or the ninetieth day following the date of the
acceptance, in the case of a certified check.
(2) Until the claim becomes enforceable, it has no legal
effect and the obligated bank may pay the check or, in the
case of a teller’s check, may permit the drawee to pay the
check. Payment to a person entitled to enforce the check discharges all liability of the obligated bank with respect to the
check.
(3) If the claim becomes enforceable before the check is
presented for payment, the obligated bank is not obliged to
pay the check.
(4) When the claim becomes enforceable, the obligated
bank becomes obliged to pay the amount of the check to the
claimant if payment of the check has not been made to a person entitled to enforce the check. Subject to RCW 62A.4302(a), payment to the claimant discharges all liability of the
obligated bank with respect to the check.
(c) If the obligated bank pays the amount of a check to a
claimant under subsection (b)(4) and the check is presented
for payment by a person having rights of a holder in due
course, the claimant is obliged to (i) refund the payment to
the obligated bank if the check is paid, or (ii) pay the amount
of the check to the person having rights of a holder in due
course if the check is dishonored.
(d) If a claimant has the right to assert a claim under subsection (b) and is also a person entitled to enforce a cashier’s
check, teller’s check, or certified check that is lost, destroyed,
or stolen, the claimant may assert rights with respect to the
check under this section. [1993 c 229 § 40.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
PART 4
LIABILITY OF PARTIES
62A.3-401
62A.3-401 Signature. (a) A person is not liable on an
instrument unless (i) the person signed the instrument, or (ii)
the person is represented by an agent or representative who
signed the instrument and the signature is binding on the represented person under RCW 62A.3-402.
(b) A signature may be made (i) manually or by means of
a device or machine, and (ii) by the use of any name, including a trade or assumed name, or by a word, mark, or symbol
executed or adopted by a person with present intention to
authenticate a writing. [1993 c 229 § 41; 1965 ex.s. c 157 §
3-401. Cf. former RCW 62.01.018; 1955 c 35 § 62.01.018;
prior: 1899 c 149 § 18; RRS § 3409.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-402
62A.3-402 Signature by representative. (a) If a person acting, or purporting to act, as a representative signs an
instrument by signing either the name of the represented person or the name of the signer, the represented person is bound
by the signature to the same extent the represented person
would be bound if the signature were on a simple contract. If
(2006 Ed.)
Negotiable Instruments
the represented person is bound, the signature of the representative is the "authorized signature of the represented person" and the represented person is liable on the instrument,
whether or not identified in the instrument.
(b) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person, the following rules apply:
(1) If the form of the signature shows unambiguously
that the signature is made on behalf of the represented person
who is identified in the instrument, the representative is not
liable on the instrument.
(2) Subject to subsection (c), if (i) the form of the signature does not show unambiguously that the signature is made
in a representative capacity or (ii) the represented person is
not identified in the instrument, the representative is liable on
the instrument to a holder in due course that took the instrument without notice that the representative was not intended
to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the
representative proves that the original parties did not intend
the representative to be liable on the instrument.
(c) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the
represented person who is identified on the check, the signer
is not liable on the check if the signature is an authorized signature of the represented person. [1993 c 229 § 42; 1965
ex.s. c 157 § 3-402. Cf. former RCW sections: (i) RCW
62.01.017(6); 1955 c 149 § 62.01.017; prior: 1899 c 149 §
17; RRS § 3408. (ii) RCW 62.01.063; 1955 c 149 §
62.01.063; prior: 1899 c 149 § 63; RRS § 3454.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-405
in the name of the payee is effective as the indorsement of the
payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.
(b) If (i) a person whose intent determines to whom an
instrument is payable (RCW 62A.3-110 (a) or (b)) does not
intend the person identified as payee to have any interest in
the instrument, or (ii) the person identified as payee of an
instrument is a fictitious person, the following rules apply
until the instrument is negotiated by special indorsement:
(1) Any person in possession of the instrument is its
holder.
(2) An indorsement by any person in the name of the
payee stated in the instrument is effective as the indorsement
of the payee in favor of a person who, in good faith, pays the
instrument or takes it for value or for collection.
(c) Under subsection (a) or (b), an indorsement is made
in the name of a payee if (i) it is made in a name substantially
similar to that of the payee or (ii) the instrument, whether or
not indorsed, is deposited in a depositary bank to an account
in a name substantially similar to that of the payee.
(d) With respect to an instrument to which subsection (a)
or (b) applies, if a person paying the instrument or taking it
for value or for collection fails to exercise ordinary care in
paying or taking the instrument and that failure contributes to
loss resulting from payment of the instrument, the person
bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary
care contributed to the loss. [1993 c 229 § 44; 1965 ex.s. c
157 § 3-404. Cf. former RCW 62.01.023; 1955 c 35 §
62.01.023; prior: 1899 c 149 § 23; RRS § 3414.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-405
62A.3-403
62A.3-403 Unauthorized signature. (a) Unless otherwise provided in this Article or Article 4, an unauthorized
signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the
instrument or takes it for value. An unauthorized signature
may be ratified for all purposes of this Article.
(b) If the signature of more than one person is required to
constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the
required signatures is lacking.
(c) The civil or criminal liability of a person who makes
an unauthorized signature is not affected by any provision of
this Article which makes the unauthorized signature effective
for the purposes of this Article. [1993 c 229 § 43; 1965 ex.s.
c 157 § 3-403. Cf. former RCW sections: RCW 62.01.019
through 62.01.021; 1955 c 35 §§ 62.01.019 through
62.01.021; prior: 1899 c 149 §§ 19 through 21; RRS §§ 3410
through 3412.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-404
62A.3-404 Impostors; fictitious payees. (a) If an
impostor, by use of the mails or otherwise, induces the issuer
of an instrument to issue the instrument to the impostor, or to
a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act
for the payee, an indorsement of the instrument by any person
(2006 Ed.)
62A.3-405 Employer’s responsibility for fraudulent
indorsement by employee. (a) In this section:
(1) "Employee" includes an independent contractor and
employee of an independent contractor retained by the
employer.
(2) "Fraudulent indorsement" means (i) in the case of an
instrument payable to the employer, a forged indorsement
purporting to be that of the employer, or (ii) in the case of an
instrument with respect to which the employer is the issuer, a
forged indorsement purporting to be that of the person identified as payee.
(3) "Responsibility" with respect to instruments means
authority (i) to sign or indorse instruments on behalf of the
employer, (ii) to process instruments received by the
employer for bookkeeping purposes, for deposit to an
account, or for other disposition, (iii) to prepare or process
instruments for issue in the name of the employer, (iv) to supply information determining the names or addresses of payees of instruments to be issued in the name of the employer,
(v) to control the disposition of instruments to be issued in the
name of the employer, or (vi) to act otherwise with respect to
instruments in a responsible capacity. "Responsibility" does
not include authority that merely allows an employee to have
access to instruments or blank or incomplete instrument
forms that are being stored or transported or are part of
incoming or outgoing mail, or similar access.
(b) For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or
[Title 62A RCW—page 57]
62A.3-406
Title 62A RCW: Uniform Commercial Code
takes it for value or for collection, if an employer entrusted an
employee with responsibility with respect to the instrument
and the employee or a person acting in concert with the
employee makes a fraudulent indorsement of the instrument,
the indorsement is effective as the indorsement of the person
to whom the instrument is payable if it is made in the name of
that person. If the person paying the instrument or taking it
for value or for collection fails to exercise ordinary care in
paying or taking the instrument and that failure contributes to
loss resulting from the fraud, the person bearing the loss may
recover from the person failing to exercise ordinary care to
the extent the failure to exercise ordinary care contributed to
the loss.
(c) Under subsection (b), an indorsement is made in the
name of the person to whom an instrument is payable if (i) it
is made in a name substantially similar to the name of that
person or (ii) the instrument, whether or not indorsed, is
deposited in a depositary bank to an account in a name substantially similar to the name of that person. [1993 c 229 §
45; 1965 ex.s. c 157 § 3-405. Cf. former RCW 62.01.009(3);
1955 c 35 § 62.01.009; prior: 1899 c 149 § 9; RRS § 3400.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
thorized completion, according to its terms as completed.
[1993 c 229 § 47; 1965 ex.s. c 157 § 3-407. Cf. former RCW
sections: (i) RCW 62.01.014; 1955 c 35 § 62.01.014; prior:
1899 c 149 § 14; RRS § 3405. (ii) RCW 62.01.015; 1955 c 35
§ 62.01.015; prior: 1899 c 149 § 15; RRS § 3406. (iii) RCW
62.01.124; 1955 c 35 § 62.01.124; prior: 1899 c 149 § 124;
RRS § 3514. (iv) RCW 62.01.125; 1955 c 35 § 62.01.125;
prior: 1899 c 149 § 125; RRS § 3515.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-408
62A.3-408 Drawee not liable on unaccepted draft. A
check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the
drawee accepts it. [1993 c 229 § 48; 1965 ex.s. c 157 § 3408. Cf. former RCW sections: (i) RCW 62.01.024; 1955 c
35 § 62.01.024; prior: 1899 c 149 § 24; RRS § 3415. (ii)
RCW 62.01.025; 1955 c 35 § 62.01.025; prior: 1899 c 149 §
25; RRS § 3416. (iii) RCW 62.01.028; 1955 c 35 §
62.01.028; prior: 1899 c 149 § 28; RRS § 3419.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-406
62A.3-406 Negligence contributing to forged signature or alteration of instrument. (a) A person whose failure to exercise ordinary care contributes to an alteration of an
instrument or to the making of a forged signature on an
instrument is precluded from asserting the alteration or the
forgery against a person who, in good faith, pays the instrument or takes it for value or for collection.
(b) Under subsection (a), if the person asserting the preclusion fails to exercise ordinary care in paying or taking the
instrument and that failure contributes to loss, the loss is allocated between the person precluded and the person asserting
the preclusion according to the extent to which the failure of
each to exercise ordinary care contributed to the loss.
(c) Under subsection (a), the burden of proving failure to
exercise ordinary care is on the person asserting the preclusion. Under subsection (b), the burden of proving failure to
exercise ordinary care is on the person precluded. [1993 c
229 § 46; 1965 ex.s. c 157 § 3-406.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-407
62A.3-407 Alteration. (a) "Alteration" means (i) an
unauthorized change in an instrument that purports to modify
in any respect the obligation of a party, or (ii) an unauthorized
addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party.
(b) Except as provided in subsection (c), an alteration
fraudulently made discharges a party whose obligation is
affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms.
(c) A payor bank or drawee paying a fraudulently altered
instrument or a person taking it for value, in good faith and
without notice of the alteration, may enforce rights with
respect to the instrument (i) according to its original terms, or
(ii) in the case of an incomplete instrument altered by unau[Title 62A RCW—page 58]
62A.3-409
62A.3-409 Acceptance of draft; certified check. (a)
"Acceptance" means the drawee’s signed agreement to pay a
draft as presented. It must be written on the draft and may
consist of the drawee’s signature alone. Acceptance may be
made at any time and becomes effective when notification
pursuant to instructions is given or the accepted draft is delivered for the purpose of giving rights on the acceptance to any
person.
(b) A draft may be accepted although it has not been
signed by the drawer, is otherwise incomplete, is overdue, or
has been dishonored.
(c) If a draft is payable at a fixed period after sight and
the acceptor fails to date the acceptance, the holder may complete the acceptance by supplying a date in good faith.
(d) "Certified check" means a check accepted by the
bank on which it is drawn. Acceptance may be made as stated
in subsection (a) or by a writing on the check which indicates
that the check is certified. The drawee of a check has no obligation to certify the check, and refusal to certify is not dishonor of the check. [1993 c 229 § 49; 1965 ex.s. c 157 § 3409. Cf. former RCW sections: (i) RCW 62.01.127; 1955 c
35 § 62.01.127; prior: 1899 c 149 § 127; RRS § 3517. (ii)
RCW 62.01.189; 1955 c 35 § 62.01.189; prior: 1899 c 149 §
189; RRS § 3579.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-410
62A.3-410 Acceptance varying draft. (a) If the terms
of a drawee’s acceptance vary from the terms of the draft as
presented, the holder may refuse the acceptance and treat the
draft as dishonored. In that case, the drawee may cancel the
acceptance.
(b) The terms of a draft are not varied by an acceptance
to pay at a particular bank or place in the United States,
unless the acceptance states that the draft is to be paid only at
that bank or place.
(2006 Ed.)
Negotiable Instruments
(c) If the holder assents to an acceptance varying the
terms of a draft, the obligation of each drawer and indorser
that does not expressly assent to the acceptance is discharged.
[1993 c 229 § 50; 1965 ex.s. c 157 § 3-410. Cf. former RCW
sections: (i) RCW 62.01.013; 1955 c 35 § 62.01.013; prior:
1899 c 149 § 13; RRS § 3404. (ii) RCW 62.01.132 through
62.01.138; 1955 c 35 §§ 62.01.132 through 62.01.138; prior:
1899 c 149 §§ 132 through 138; RRS §§ 3522 through 3528.
(iii) RCW 62.01.161 through 62.01.170; 1955 c 35 §§
62.01.161 through 62.01.170; prior: 1899 c 149 §§ 161
through 170; RRS §§ 3551 through 3560. (iv) RCW
62.01.191; 1955 c 35 § 62.01.191; prior: 1899 c 149 § 191;
RRS § 3581.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-411
62A.3-411 Refusal to pay cashier’s checks, teller’s
checks, and certified checks. (a) In this section, "obligated
bank" means the acceptor of a certified check or the issuer of
a cashier’s check or teller’s check bought from the issuer.
(b) If the obligated bank wrongfully (i) refuses to pay a
cashier’s check or certified check, (ii) stops payment of a
teller’s check, or (iii) refuses to pay a dishonored teller’s
check, the person asserting the right to enforce the check is
entitled to compensation for expenses and loss of interest
resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.
(c) Expenses or consequential damages under subsection
(b) are not recoverable if the refusal of the obligated bank to
pay occurs because (i) the bank suspends payments, (ii) the
obligated bank asserts a claim or defense of the bank that it
has reasonable grounds to believe is available against the person entitled to enforce the instrument, (iii) the obligated bank
has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument, or (iv)
payment is prohibited by law. [1993 c 229 § 51; 1965 ex.s. c
157 § 3-411. Cf. former RCW sections: (i) RCW 62.01.187;
1955 c 35 § 62.01.187; prior: 1899 c 149 § 187; RRS § 3577.
(ii) RCW 62.01.188; 1955 c 35 § 62.01.188; prior: 1899 c
149 § 188; RRS § 3578.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-412
62A.3-412 Obligation of issuer of note or cashier’s
check. The issuer of a note or cashier’s check or other draft
drawn on the drawer is obliged to pay the instrument (i)
according to its terms at the time it was issued or, if not
issued, at the time it first came into possession of a holder, or
(ii) if the issuer signed an incomplete instrument, according
to its terms when completed, to the extent stated in RCW
62A.3-115 and 62A.3-407. The obligation is owed to a person entitled to enforce the instrument or to an indorser who
paid the instrument under RCW 62A.3-415. [1993 c 229 §
52; 1965 ex.s. c 157 § 3-412. Cf. former RCW sections:
RCW 62.01.139 through 62.01.142; 1955 c 35 §§ 62.01.139
through 62.01.142; prior: 1899 c 149 §§ 139 through 142;
RRS §§ 3529 through 3532.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
(2006 Ed.)
62A.3-414
62A.3-413
62A.3-413 Obligation of acceptor. (a) The acceptor of
a draft is obliged to pay the draft (i) according to its terms at
the time it was accepted, even though the acceptance states
that the draft is payable "as originally drawn" or equivalent
terms, (ii) if the acceptance varies the terms of the draft,
according to the terms of the draft as varied, or (iii) if the
acceptance is of a draft that is an incomplete instrument,
according to its terms when completed, to the extent stated in
RCW 62A.3-115 and 62A.3-407. The obligation is owed to a
person entitled to enforce the draft or to the drawer or an
indorser who paid the draft under RCW 62A.3-414 or
62A.3-415.
(b) If the certification of a check or other acceptance of a
draft states the amount certified or accepted, the obligation of
the acceptor is that amount. If (i) the certification or acceptance does not state an amount, (ii) the amount of the instrument is subsequently raised, and (iii) the instrument is then
negotiated to a holder in due course, the obligation of the
acceptor is the amount of the instrument at the time it was
taken by the holder in due course. [1993 c 229 § 53; 1965
ex.s. c 157 § 3-413. Cf. former RCW sections: RCW
62.01.060 through 62.01.062; 1955 c 35 §§ 62.01.060
through 62.01.062; prior: 1899 c 149 §§ 60 through 62; RRS
§§ 3451 through 3453.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-414
62A.3-414 Obligation of drawer. (a) This section does
not apply to cashier’s checks or other drafts drawn on the
drawer.
(b) If an unaccepted draft is dishonored, the drawer is
obliged to pay the draft (i) according to its terms at the time it
was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the drawer signed an incomplete
instrument, according to its terms when completed, to the
extent stated in RCW 62A.3-115 and 62A.3-407. The obligation is owed to a person entitled to enforce the draft or to an
indorser who paid the draft under RCW 62A.3-415.
(c) If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was
obtained.
(d) If a draft is accepted and the acceptor is not a bank,
the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an
indorser under RCW 62A.3-415 (a) and (c).
(e) If a draft states that it is drawn "without recourse" or
otherwise disclaims liability of the drawer to pay the draft,
the drawer is not liable under subsection (b) to pay the draft if
the draft is not a check. A disclaimer of the liability stated in
subsection (b) is not effective if the draft is a check.
(f) If (i) a check is not presented for payment or given to
a depositary bank for collection within 30 days after its date,
(ii) the drawee suspends payments after expiration of the 30day period without paying the check, and (iii) because of the
suspension of payments, the drawer is deprived of funds
maintained with the drawee to cover payment of the check,
the drawer to the extent deprived of funds may discharge its
obligation to pay the check by assigning to the person entitled
to enforce the check the rights of the drawer against the
drawee with respect to the funds. [1993 c 229 § 54; 1965
ex.s. c 157 § 3-414. Cf. former RCW sections: (i) RCW
[Title 62A RCW—page 59]
62A.3-415
Title 62A RCW: Uniform Commercial Code
62.01.038; 1955 c 35 § 62.01.038; prior: 1899 c 149 § 38;
RRS § 3429. (ii) RCW 62.01.044; 1955 c 35 § 62.01.044;
prior: 1899 c 149 § 44; RRS § 3435. (iii) RCW 62.01.066
through 62.01.068; 1955 c 35 §§ 62.01.066 through
62.01.068; prior: 1899 c 149 §§ 66 through 68; RRS §§ 3457
through 3459.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-415 Obligation of indorser. (a) Subject to subsections (b), (c), (d), and (e) and to RCW 62A.3-419(d), if an
instrument is dishonored, an indorser is obliged to pay the
amount due on the instrument (i) according to the terms of the
instrument at the time it was indorsed, or (ii) if the indorser
indorsed an incomplete instrument, according to its terms
when completed, to the extent stated in RCW 62A.3-115 and
62A.3-407. The obligation of the indorser is owed to a person
entitled to enforce the instrument or to a subsequent indorser
who paid the instrument under this section.
(b) If an indorsement states that it is made "without
recourse" or otherwise disclaims liability of the indorser, the
indorser is not liable under subsection (a) to pay the instrument.
(c) If notice of dishonor of an instrument is required by
RCW 62A.3-503 and notice of dishonor complying with that
section is not given to an indorser, the liability of the indorser
under subsection (a) is discharged.
(d) If a draft is accepted by a bank after an indorsement
is made, the liability of the indorser under subsection (a) is
discharged.
(e) If an indorser of a check is liable under subsection (a)
and the check is not presented for payment, or given to a
depositary bank for collection, within 30 days after the day
the indorsement was made, the liability of the indorser under
subsection (a) is discharged. [1993 c 229 § 55; 1965 ex.s. c
157 § 3-415. Cf. former RCW sections: (i) RCW 62.01.028;
1955 c 35 § 62.01.028; prior: 1899 c 149 § 28; RRS § 3419.
(ii) RCW 62.01.029; 1955 c 35 § 62.01.029; prior: 1899 c
149 § 29; RRS § 3420. (iii) RCW 62.01.064; 1955 c 35 §
62.01.064; prior: 1899 c 149 § 64; RRS § 3455.]
62A.3-415
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-416
62A.3-416 Transfer warranties. (a) A person who
transfers an instrument for consideration warrants to the
transferee and, if the transfer is by indorsement, to any subsequent transferee that:
(1) The warrantor is a person entitled to enforce the
instrument;
(2) All signatures on the instrument are authentic and
authorized;
(3) The instrument has not been altered;
(4) The instrument is not subject to a defense or claim in
recoupment of any party which can be asserted against the
warrantor; and
(5) The warrantor has no knowledge of any insolvency
proceeding commenced with respect to the maker or acceptor
or, in the case of an unaccepted draft, the drawer.
(b) A person to whom the warranties under subsection
(a) are made and who took the instrument in good faith may
recover from the warrantor as damages for breach of war[Title 62A RCW—page 60]
ranty an amount equal to the loss suffered as a result of the
breach, but not more than the amount of the instrument plus
expenses and loss of interest incurred as a result of the
breach.
(c) The warranties stated in subsection (a) cannot be disclaimed with respect to checks. Unless notice of a claim for
breach of warranty is given to the warrantor within 30 days
after the claimant has reason to know of the breach and the
identity of the warrantor, the liability of the warrantor under
subsection (b) is discharged to the extent of any loss caused
by the delay in giving notice of the claim.
(d) A cause of action for breach of warranty under this
section accrues when the claimant has reason to know of the
breach. [1993 c 229 § 56; 1965 ex.s. c 157 § 3-416.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-417
62A.3-417 Presentment warranties. (a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person
obtaining payment or acceptance, at the time of presentment,
and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the
draft in good faith that:
(1) The warrantor is, or was, at the time the warrantor
transferred the draft, a person entitled to enforce the draft or
authorized to obtain payment or acceptance of the draft on
behalf of a person entitled to enforce the draft;
(2) The draft has not been altered; and
(3) The warrantor has no knowledge that the signature of
the drawer of the draft is unauthorized.
(b) A drawee making payment may recover from any
warrantor damages for breach of warranty equal to the
amount paid by the drawee less the amount the drawee
received or is entitled to receive from the drawer because of
the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the
breach. The right of the drawee to recover damages under this
subsection is not affected by any failure of the drawee to
exercise ordinary care in making payment. If the drawee
accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with
respect to the draft, the acceptor is entitled to recover from
any warrantor for breach of warranty the amounts stated in
this subsection.
(c) If a drawee asserts a claim for breach of warranty
under subsection (a) based on an unauthorized indorsement
of the draft or an alteration of the draft, the warrantor may
defend by proving that the indorsement is effective under
RCW 62A.3-404 or 62A.3-405 or the drawer is precluded
under RCW 62A.3-406 or 62A.4-406 from asserting against
the drawee the unauthorized indorsement or alteration.
(d) If (i) a dishonored draft is presented for payment to
the drawer or an indorser or (ii) any other instrument is presented for payment to a party obliged to pay the instrument,
and (iii) payment is received, the following rules apply:
(1) The person obtaining payment and a prior transferor
of the instrument warrant to the person making payment in
good faith that the warrantor is, or was, at the time the warrantor transferred the instrument, a person entitled to enforce
(2006 Ed.)
Negotiable Instruments
the instrument or authorized to obtain payment on behalf of a
person entitled to enforce the instrument.
(2) The person making payment may recover from any
warrantor for breach of warranty an amount equal to the
amount paid plus expenses and loss of interest resulting from
the breach.
(e) The warranties stated in subsections (a) and (d) cannot be disclaimed with respect to checks. Unless notice of a
claim for breach of warranty is given to the warrantor within
30 days after the claimant has reason to know of the breach
and the identity of the warrantor, the liability of the warrantor
under subsection (b) or (d) is discharged to the extent of any
loss caused by the delay in giving notice of the claim.
(f) A cause of action for breach of warranty under this
section accrues when the claimant has reason to know of the
breach. [1993 c 229 § 57; 1965 ex.s. c 157 § 3-417. Cf.
former RCW sections: (i) RCW 62.01.065; 1955 c 35 §
62.01.065; prior: 1899 c 149 § 65; RRS § 3456. (ii) RCW
62.01.066; 1955 c 35 § 62.01.066; prior: 1899 c 149 § 66;
RRS § 3457. (iii) RCW 62.01.069; 1955 c 35 § 62.01.069;
prior: 1899 c 149 § 69; RRS § 3460.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-418
62A.3-418 Payment or acceptance by mistake. (a)
Except as provided in subsection (c), if the drawee of a draft
pays or accepts the draft and the drawee acted on the mistaken belief that (i) payment of the draft had not been stopped
pursuant to RCW 62A.4-403 or (ii) the signature of the
drawer of the draft was authorized, the drawee may recover
the amount of the draft from the person to whom or for whose
benefit payment was made or, in the case of acceptance, may
revoke the acceptance. Rights of the drawee under this subsection are not affected by failure of the drawee to exercise
ordinary care in paying or accepting the draft.
(b) Except as provided in subsection (c), if an instrument
has been paid or accepted by mistake and the case is not covered by subsection (a), the person paying or accepting may, to
the extent permitted by the law governing mistake and restitution, (i) recover the payment from the person to whom or
for whose benefit payment was made or (ii) in the case of
acceptance, may revoke the acceptance.
(c) The remedies provided by subsection (a) or (b) may
not be asserted against a person who took the instrument in
good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subsection does not limit remedies provided by RCW 62A.3-417 or
62A.4-407.
(d) Notwithstanding RCW 62A.4-213, if an instrument
is paid or accepted by mistake and the payor or acceptor
recovers payment or revokes acceptance under subsection (a)
or (b), the instrument is deemed not to have been paid or
accepted and is treated as dishonored, and the person from
whom payment is recovered has rights as a person entitled to
enforce the dishonored instrument. [1993 c 229 § 58; 1965
ex.s. c 157 § 3-418. Cf. former RCW 62.01.062; 1955 c 35 §
62.01.062; prior: 1899 c 149 § 62; RRS § 3453.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
(2006 Ed.)
62A.3-420
62A.3-419
62A.3-419 Instruments signed for accommodation.
(a) If an instrument is issued for value given for the benefit of
a party to the instrument ("accommodated party") and
another party to the instrument ("accommodation party")
signs the instrument for the purpose of incurring liability on
the instrument without being a direct beneficiary of the value
given for the instrument, the instrument is signed by the
accommodation party "for accommodation."
(b) An accommodation party may sign the instrument as
maker, drawer, acceptor, or indorser and, subject to subsection (d), is obliged to pay the instrument in the capacity in
which the accommodation party signs. The obligation of an
accommodation party may be enforced notwithstanding any
statute of frauds and whether or not the accommodation party
receives consideration for the accommodation.
(c) A person signing an instrument is presumed to be an
accommodation party and there is notice that the instrument
is signed for accommodation if the signature is an anomalous
indorsement or is accompanied by words indicating that the
signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as provided
in RCW 62A.3-605, the obligation of an accommodation
party to pay the instrument is not affected by the fact that the
person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party
signed the instrument for accommodation.
(d) If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is
guaranteeing collection rather than payment of the obligation
of another party to the instrument, the signer is obliged to pay
the amount due on the instrument to a person entitled to
enforce the instrument only if (i) execution of judgment
against the other party has been returned unsatisfied, (ii) the
other party is insolvent or in an insolvency proceeding, (iii)
the other party cannot be served with process, or (iv) it is otherwise apparent that payment cannot be obtained from the
other party.
(e) An accommodation party who pays the instrument is
entitled to reimbursement from the accommodated party and
is entitled to enforce the instrument against the accommodated party. An accommodated party who pays the instrument has no right of recourse against, and is not entitled to
contribution from, an accommodation party. [1993 c 229 §
59; 1965 ex.s. c 157 § 3-419. Cf. former RCW 62.01.137;
1955 c 35 § 62.01.137; prior: 1899 c 149 § 137; RRS §
3527.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-420
62A.3-420 Conversion of instrument. (a) The law
applicable to conversion of personal property applies to
instruments. An instrument is also converted if it is taken by
transfer, other than a negotiation, from a person not entitled
to enforce the instrument or a bank makes or obtains payment
with respect to the instrument for a person not entitled to
enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by (i) the issuer
or acceptor of the instrument or (ii) a payee or indorsee who
did not receive delivery of the instrument either directly or
through delivery to an agent or a co-payee.
[Title 62A RCW—page 61]
62A.3-501
Title 62A RCW: Uniform Commercial Code
(b) In an action under subsection (a), the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff’s interest in the instrument.
(c) A representative, other than a depositary bank, who
has in good faith dealt with an instrument or its proceeds on
behalf of one who was not the person entitled to enforce the
instrument is not liable in conversion to that person beyond
the amount of any proceeds that it has not paid out. [1993 c
229 § 60.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
PART 5
DISHONOR
62A.3-501
62A.3-501 Presentment. (a) "Presentment" means a
demand made by or on behalf of a person entitled to enforce
an instrument (i) to pay the instrument made to the drawee or
a party obliged to pay the instrument or, in the case of a note
or accepted draft payable at a bank, to the bank, or (ii) to
accept a draft made to the drawee.
(b) The following rules are subject to Article 4, agreement of the parties, and clearinghouse rules and the like:
(1) Presentment may be made at the place of payment of
the instrument and must be made at the place of payment if
the instrument is payable at a bank in the United States; may
be made by any commercially reasonable means, including
an oral, written, or electronic communication; is effective
when the demand for payment or acceptance is received by
the person to whom presentment is made; and is effective if
made to any one of two or more makers, acceptors, drawees,
or other payors.
(2) Upon demand of the person to whom presentment is
made, the person making presentment must (i) exhibit the
instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the
instrument for any payment made or surrender the instrument
if full payment is made.
(3) Without dishonoring the instrument, the party to
whom presentment is made may (i) return the instrument for
lack of a necessary indorsement, or (ii) refuse payment or
acceptance for failure of the presentment to comply with the
terms of the instrument, an agreement of the parties, or other
applicable law or rule.
(4) The party to whom presentment is made may treat
presentment as occurring on the next business day after the
day of presentment if the party to whom presentment is made
has established a cut-off hour not earlier than 2:00 p.m. for
the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off
hour. [1993 c 229 § 61; 1965 ex.s. c 157 § 3-501. Cf. former
RCW sections: RCW 62.01.070, 62.01.089, 62.01.118,
62.01.129, 62.01.143, 62.01.144, 62.01.150, 62.01.151,
62.01.152, 62.01.157, 62.01.158, and 62.01.186; 1955 c 35
§§ 62.01.070, 62.01.089, 62.01.118, 62.01.129, 62.01.143,
62.01.144, 62.01.150, 62.01.151, 62.01.152, 62.01.157,
62.01.158, and 62.01.186; prior: 1899 c 149 §§ 70, 89, 118,
129, 143, 144, 150, 151, 152, 157, 158, and 186; RRS §§
[Title 62A RCW—page 62]
3461, 3479, 3508, 3519, 3533, 3534, 3540, 3541, 3542, 3547,
3548, and 3576.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-502
62A.3-502 Dishonor. (a) Dishonor of a note is governed by the following rules:
(1) If the note is payable on demand, the note is dishonored if presentment is duly made to the maker and the note is
not paid on the day of presentment.
(2) If the note is not payable on demand and is payable at
or through a bank or the terms of the note require presentment, the note is dishonored if presentment is duly made and
the note is not paid on the day it becomes payable or the day
of presentment, whichever is later.
(3) If the note is not payable on demand and subsection
(a)(2) does not apply, the note is dishonored if it is not paid on
the day it becomes payable.
(b) Dishonor of an unaccepted draft other than a documentary draft is governed by the following rules:
(1) If a check is duly presented for payment to the payor
bank otherwise than for immediate payment over the counter,
the check is dishonored if the payor bank makes timely return
of the check or sends timely notice of dishonor or nonpayment under RCW 62A.4-301 or 62A.4-302, or becomes
accountable for the amount of the check under RCW
62A.4-302.
(2) If a draft is payable on demand and subsection (b)(1)
does not apply, the draft is dishonored if presentment for payment is duly made to the drawee and the draft is not paid on
the day of presentment.
(3) If a draft is payable on a date stated in the draft, the
draft is dishonored if (i) presentment for payment is duly
made to the drawee and payment is not made on the day the
draft becomes payable or the day of presentment, whichever
is later, or (ii) presentment for acceptance is duly made
before the day the draft becomes payable and the draft is not
accepted on the day of presentment.
(4) If a draft is payable on elapse of a period of time after
sight or acceptance, the draft is dishonored if presentment for
acceptance is duly made and the draft is not accepted on the
day of presentment.
(c) Dishonor of an unaccepted documentary draft occurs
according to the rules stated in subsection (b) (2), (3), and (4),
except that payment or acceptance may be delayed without
dishonor until no later than the close of the third business day
of the drawee following the day on which payment or acceptance is required by subsection (b) (2), (3), and (4).
(d) Dishonor of an accepted draft is governed by the following rules:
(1) If the draft is payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor
and the draft is not paid on the day of presentment; or
(2) If the draft is not payable on demand, the draft is dishonored if presentment for payment is duly made to the
acceptor and payment is not made on the day it becomes payable or the day of presentment, whichever is later.
(e) In any case in which presentment is otherwise
required for dishonor under this section and presentment is
excused under RCW 62A.3-504, dishonor occurs without
presentment if the instrument is not duly accepted or paid.
(2006 Ed.)
Negotiable Instruments
(f) If a draft is dishonored because timely acceptance of
the draft was not made and the person entitled to demand
acceptance consents to a late acceptance, from the time of
acceptance the draft is treated as never having been dishonored. [1993 c 229 § 62; 1965 ex.s. c 157 § 3-502. Cf. former
RCW sections: RCW 62.01.007, 62.01.070, 62.01.089,
62.01.144, 62.01.150, 62.01.152, and 62.01.186; 1955 c 35
§§ 62.01.007, 62.01.070, 62.01.089, 62.01.144, 62.01.150,
62.01.152, and 62.01.186; prior: 1899 c 149 §§ 7, 70, 89,
144, 150, 152, and 186; RRS §§ 3398, 3461, 3479, 3534,
3540, 3542, and 3576.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-503
62A.3-503 Notice of dishonor. (a) The obligation of an
indorser stated in RCW 62A.3-415(a) and the obligation of a
drawer stated in RCW 62A.3-414(d) may not be enforced
unless (i) the indorser or drawer is given notice of dishonor of
the instrument complying with this section or (ii) notice of
dishonor is excused under RCW 62A.3-504(b).
(b) Notice of dishonor may be given by any person; may
be given by any commercially reasonable means, including
an oral, written, or electronic communication; and is sufficient if it reasonably identifies the instrument and indicates
that the instrument has been dishonored or has not been paid
or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor.
(c) Subject to RCW 62A.3-504(c), with respect to an
instrument taken for collection by a collecting bank, notice of
dishonor must be given (i) by the bank before midnight of the
next banking day following the banking day on which the
bank receives notice of dishonor of the instrument, or (ii) by
any other person within 30 days following the day on which
the person receives notice of dishonor. With respect to any
other instrument, notice of dishonor must be given within 30
days following the day on which dishonor occurs. [1993 c
229 § 63; 1965 ex.s. c 157 § 3-503. Cf. former RCW sections:
(i) RCW 62.01.071, 62.01.072, 62.01.075, 62.01.086,
62.01.144, 62.01.145, 62.01.146, 62.01.186, and 62.01.193;
1955 c 35 §§ 62.01.071, 62.01.072, 62.01.075, 62.01.086,
62.01.144, 62.01.145, 62.01.146, 62.01.186, and 62.01.193;
prior: 1899 c 149 §§ 71, 72, 75, 86, 144, 145, 146, 186, and
193; RRS §§ 3462, 3463, 3466, 3476, 3534, 3535, 3536,
3576, and 3583. (ii) RCW 62.01.085; 1955 c 35 § 62.01.085;
prior: 1915 c 173 § 1; 1899 c 149 § 85; RRS § 3475 1/2.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-504
62A.3-504 Excused presentment and notice of dishonor. (a) Presentment for payment or acceptance of an
instrument is excused if (i) the person entitled to present the
instrument cannot with reasonable diligence make presentment, (ii) the maker or acceptor has repudiated an obligation
to pay the instrument or is dead or in insolvency proceedings,
(iii) by the terms of the instrument presentment is not necessary to enforce the obligation of indorsers or the drawer, (iv)
the drawer or indorser whose obligation is being enforced has
waived presentment or otherwise has no reason to expect or
right to require that the instrument be paid or accepted, or (v)
the drawer instructed the drawee not to pay or accept the draft
or the drawee was not obligated to the drawer to pay the draft.
(2006 Ed.)
62A.3-512
(b) Notice of dishonor is excused if (i) by the terms of the
instrument notice of dishonor is not necessary to enforce the
obligation of a party to pay the instrument, or (ii) the party
whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of
dishonor.
(c) Delay in giving notice of dishonor is excused if the
delay was caused by circumstances beyond the control of the
person giving the notice and the person giving the notice
exercised reasonable diligence after the cause of the delay
ceased to operate. [1993 c 229 § 64; 1965 ex.s. c 157 § 3504. Cf. former RCW sections: RCW 62.01.072, 62.01.073,
62.01.077, 62.01.078, and 62.01.145; 1955 c 35 §§
62.01.072, 62.01.073, 62.01.077, 62.01.078, and 62.01.145;
prior: 1899 c 149 §§ 72, 73, 77, 78, and 145; RRS §§ 3463,
3464, 3468, 3469, and 3535.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-505
62A.3-505 Evidence of dishonor. (a) The following
are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:
(1) A document regular in form as provided in subsection (b) that purports to be a protest;
(2) A purported stamp or writing of the drawee, payor
bank, or presenting bank on or accompanying the instrument
stating that acceptance or payment has been refused unless
reasons for the refusal are stated and the reasons are not consistent with dishonor;
(3) A book or record of the drawee, payor bank, or collecting bank, kept in the usual course of business which
shows dishonor, even if there is no evidence of who made the
entry.
(b) A protest is a certificate of dishonor made by a
United States consul or vice-consul, or a notary public or
other person authorized to administer oaths by the law of the
place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the
instrument and certify either that presentment has been made
or, if not made, the reason why it was not made, and that the
instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has
been given to some or all parties. [1993 c 229 § 65; 1965
ex.s. c 157 § 3-505. Cf. former RCW sections: (i) RCW
62.01.072(3); 1955 c 35 § 62.01.072; prior: 1899 c 149 § 72;
RRS § 3463. (ii) RCW 62.01.074; 1955 c 35 § 62.01.074;
prior: 1899 c 149 § 74; RRS § 3465. (iii) RCW 62.01.133;
1955 c 35 § 62.01.133; prior: 1899 c 149 § 133; RRS §
3523.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-512
62A.3-512 Credit cards—As identification—In lieu
of deposit. A person may not record the number of a credit
card given as identification under *RCW 62A.3-501(a)(2) or
given as proof of credit worthiness when payment for goods
or services is made by check or draft. Nothing in this section
prohibits the recording of the number of a credit card given in
lieu of a deposit to secure payment in the event of a default,
loss, damage, or other occurrence. [1993 c 229 § 66; 1990 c
203 § 2.]
[Title 62A RCW—page 63]
62A.3-515
Title 62A RCW: Uniform Commercial Code
*Reviser’s note: The reference to RCW 62A.3-501(a)(2) appears erroneous. Reference to RCW 62A.3-501(b)(2) was apparently intended.
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-515
62A.3-515 Checks dishonored by nonacceptance or
nonpayment; liability for interest; rate; collection costs
and attorneys’ fees; satisfaction of claim. (a) If a check as
defined in RCW 62A.3-104 is dishonored by nonacceptance
or nonpayment, the payee or person entitled to enforce the
check under RCW 62A.3-301 may collect a reasonable handling fee for each instrument. If the check is not paid within
fifteen days and after the person entitled to enforce the check
or the person’s agent sends a notice of dishonor as provided
by RCW 62A.3-520 to the drawer at the drawer’s last known
address, and if the instrument does not provide for the payment of interest or collection costs and attorneys’ fees, the
drawer of the instrument is liable for payment of interest at
the rate of twelve percent per annum from the date of dishonor, and cost of collection not to exceed forty dollars or the
face amount of the check, whichever is less, payable to the
person entitled to enforce the check. In addition, in the event
of court action on the check, the court, after notice and the
expiration of the fifteen days, shall award reasonable attorneys’ fees, and three times the face amount of the check or
three hundred dollars, whichever is less, as part of the damages payable to the person enforcing the check. This section
does not apply to an instrument that is dishonored by reason
of a justifiable stop payment order.
(b)(1) Subsequent to the commencement of an action on
the check (subsection (a)) but prior to the hearing, the defendant may tender to the plaintiff as satisfaction of the claim, an
amount of money equal to the face amount of the check, a
reasonable handling fee, accrued interest, collection costs
equal to the face amount of the check not to exceed forty dollars, and the incurred court costs, service costs, and statutory
attorneys’ fees.
(2) Nothing in this section precludes the right to commence action in a court under chapter 12.40 RCW for small
claims. [2000 c 215 § 1; 1995 c 187 § 1; 1993 c 229 § 67;
1991 c 168 § 1; 1986 c 128 § 1; 1981 c 254 § 1; 1969 c 62 §
1; 1967 ex.s. c 23 § 1.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
Savings—Severability—1967 ex.s. c 23: See notes following RCW
19.52.005.
postmarked, you may very well have to pay the following
additional amounts:
(1) Costs of collecting the amount of the check, including an attorney’s fee which will be set by the court;
(2) Interest on the amount of the check which shall
accrue at the rate of twelve percent per annum from the date
of dishonor; and
(3) Three hundred dollars or three times the face amount
of the check, whichever is less, by award of the court.
You are also CAUTIONED that law enforcement agencies may be provided with a copy of this notice of dishonor
and the check drawn by you for the possibility of proceeding
with criminal charges if you do not pay the amount of this
check within fifteen days after the date this letter is postmarked.
You are advised to make your payment to . . . . . . at the
following address: . . . . . . . . . .
[1993 c 229 § 68; 1991 c 168 § 2; 1986 c 128 § 2; 1981 c 254
§ 2; 1969 c 62 § 2.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-522
62A.3-522 Notice of dishonor—Affidavit of service
by mail. In addition to sending a notice of dishonor to the
drawer of the check under RCW 62A.3-520, the person sending notice shall execute an affidavit certifying service of the
notice by mail. The affidavit of service by mail must be
attached to a copy of the notice of dishonor and must be substantially in the following form:
AFFIDAVIT OF SERVICE BY MAIL
I, . . . . . ., hereby certify that on the . . . . . . day of
. . . . . ., 20. . ., a copy of the foregoing Notice was served on
. . . . . . by mailing via the United States Postal Service, postage prepaid, at . . . . . ., Washington.
Dated:. . . . . . . . . . . . . . . .
(Signature)
The person enforcing the check shall retain the affidavit
with the check but shall file a copy of the affidavit with the
clerk of the court in which an action on the check is commenced. [2000 c 215 § 2; 1993 c 229 § 69; 1981 c 254 § 3.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-525
62A.3-520
62A.3-520 Statutory form for notice of dishonor. The
notice of dishonor shall be sent by mail to the drawer at the
drawer’s last known address, and the notice shall be substantially in the following form:
NOTICE OF DISHONOR OF CHECK
A check drawn by you and made payable by you to
. . . . . . in the amount of . . . . . . has not been accepted for
payment by . . . . . ., which is the drawee bank designated on
your check. This check is dated . . . . . ., and it is numbered,
No. . . . . . ..
You are CAUTIONED that unless you pay the amount
of this check within fifteen days after the date this letter is
[Title 62A RCW—page 64]
62A.3-525 Consequences for failing to comply with
requirements. No interest, collection costs, and attorneys’
fees, except handling fees, are recoverable on any dishonored
check under the provisions of RCW 62A.3-515 where a person entitled to such recovery or any agent, employee, or
assign has demanded:
(1) Interest or collection costs in excess of that provided
by RCW 62A.3-515; or
(2) Interest or collection costs prior to the expiration of
fifteen days after the mailing of notice of dishonor, as provided by RCW 62A.3-515 and 62A.3-520; or
(3) Attorneys’ fees either without having the fees set by
the court, or prior to the expiration of fifteen days after the
mailing of notice of dishonor, as provided by RCW 62A.3(2006 Ed.)
Negotiable Instruments
515 and 62A.3-520. [2000 c 215 § 3; 1993 c 229 § 70; 1981
c 254 § 4; 1969 c 62 § 3.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-530
62A.3-530 Collection agencies—Checks dishonored
by nonacceptance or nonpayment; liability for interest;
rate; collection costs and attorneys’ fees; satisfaction of
claim. (1) If a check as defined in RCW 62A.3-104 is dishonored by nonacceptance or nonpayment and the check is
assigned or written to a collection agency as defined in RCW
19.16.100, the collection agency may collect a reasonable
handling fee for each instrument. If the collection agency or
its agent provides a notice of dishonor in the form provided in
RCW 62A.3-540 to the drawer and the check amount plus the
reasonable handling fee are not paid within thirty-three days
after providing the notice of dishonor, then, unless the instrument otherwise provides, the drawer of the instrument is liable for payment of interest at the rate of twelve percent per
annum from the date of dishonor, and a cost of collection of
forty dollars or the face amount of the check, whichever is
less, payable to the collection agency. In addition, in the
event of court action on the check and after notice and the
expiration of the thirty-three days, the court shall award reasonable attorneys’ fees, and three times the face amount of
the check or three hundred dollars, whichever is less, as part
of the damages payable to the collection agency. This section
does not apply to an instrument that is dishonored by reason
of a justifiable stop payment order.
(2) Subsequent to the commencement of an action on the
check under subsection (1) of this section but prior to the
hearing, the defendant may tender to the plaintiff as satisfaction of the claim, an amount of money equal to the face
amount of the check, a reasonable handling fee, accrued
interest, collection costs equal to the face amount of the
check not to exceed forty dollars, and the incurred court
costs, service costs, and statutory attorneys’ fees.
(3) Nothing in this section precludes the right to commence action in a court under chapter 12.40 RCW for small
claims. [2005 c 277 § 3.]
Intent—2005 c 277: See note following RCW 28A.300.455.
62A.3-540
62A.3-540 Collection agencies—Statutory form for
notice of dishonor. (1) If a check is assigned or written to a
collection agency as defined in RCW 19.16.100 and the collection agency or its agent provides a notice of dishonor, the
notice of dishonor may be sent by mail to the drawer at the
drawer’s last known address. The collection agency may, as
an alternative to providing a notice in the form described in
RCW 62A.3-520, provide a notice in substantially the following form:
NOTICE OF DISHONOR OF CHECK
A check drawn by you and made payable by you to . . . .
. . in the amount of . . . . . . has not been accepted for payment
by . . . . . ., which is the drawee bank designated on your
check. This check is dated . . . . . ., and it is numbered, No.
. . . . . ..
You are CAUTIONED that unless you pay the amount
of this check and a handling fee of . . . . . within thirty-three
(2006 Ed.)
62A.3-550
days after the date this letter is postmarked or personally
delivered, you may very well have to pay the following additional amounts:
(a) Costs of collecting the amount of the check in the
lesser of the check amount or forty dollars, plus, in the event
of legal action, court costs and attorneys’ fees, which will be
set by the court;
(b) Interest on the amount of the check which shall
accrue at the rate of twelve percent per annum from the date
of dishonor; and
(c) Three hundred dollars or three times the face amount
of the check, whichever is less, by award of the court.
You are also CAUTIONED that law enforcement agencies may be provided with a copy of this notice of dishonor
and the check drawn by you for the possibility of proceeding
with criminal charges if you do not pay the amount of this
check within thirty-three days after the date this letter is postmarked.
You are advised to make your payment of $. . . . . to . . .
. . . at the following address: . . . . . . . . . .
(2) The cautionary statement regarding law enforcement
in subsection (1) of this section need not be included in a
notice of dishonor sent by a collection agency. However, if
included and whether or not the collection agency regularly
refers dishonored checks to law enforcement, the cautionary
statement in subsection (1) of this section shall not be construed as a threat to take any action not intended to be taken
or that cannot legally be taken; nor shall it be construed to be
harassing, oppressive, or abusive conduct; nor shall it be construed to be a false, deceptive, or misleading representation;
nor shall it be construed to be unfair or unconscionable; nor
shall it otherwise be construed to violate any law.
(3) In addition to sending a notice of dishonor to the
drawer of the check under this section, the person sending
notice shall execute an affidavit certifying service of the
notice by mail. The affidavit of service by mail must be substantially in the following form:
AFFIDAVIT OF SERVICE BY MAIL
I, . . . . . ., hereby certify that on the . . . . . . day of
. . . . . ., 20. . ., a copy of the foregoing Notice was served on
. . . . . . by mailing via the United States Postal Service, postage prepaid, at . . . . . ., Washington.
Dated:. . . . . . . . . . . . . . . .
(Signature)
(4) The person enforcing a check under this section shall
file the affidavit and check, or a true copy thereof, with the
clerk of the court in which an action on the check is commenced as permitted by court rule or practice. [2005 c 277 §
4.]
Intent—2005 c 277: See note following RCW 28A.300.455.
62A.3-550
62A.3-550 Collection agencies—Consequences for
failing to comply with requirements. No interest, collection costs, and attorneys’ fees, except handling fees, are
recoverable on any dishonored check under the provisions of
RCW 62A.3-530 where a collection agency or its agent,
employee, or assign has demanded:
(1) Interest or collection costs in excess of that provided
by RCW 62A.3-530; or
[Title 62A RCW—page 65]
62A.3-601
Title 62A RCW: Uniform Commercial Code
(2) Interest or collection costs prior to the expiration of
thirty-three days after the serving or mailing of the notice of
dishonor, as provided by RCW 62A.3-530 or 62A.3-540; or
(3) Attorneys’ fees other than statutory attorneys’ fees
without having the fees set by the court, or any attorneys’ fees
prior to thirty-three days after the serving or mailing of the
notice of dishonor, as provided by RCW 62A.3-530 or
62A.3-540. [2005 c 277 § 5.]
Intent—2005 c 277: See note following RCW 28A.300.455.
PART 6
DISCHARGE AND PAYMENT
62A.3-601
62A.3-601 Discharge and effect of discharge. (a) The
obligation of a party to pay the instrument is discharged as
stated in this Article or by an act or agreement with the party
which would discharge an obligation to pay money under a
simple contract.
(b) Discharge of the obligation of a party is not effective
against a person acquiring rights of a holder in due course of
the instrument without notice of the discharge. [1993 c 229 §
71; 1965 ex.s. c 157 § 3-601. Cf. former RCW sections:
RCW 62.01.119 through 62.01.121; 1955 c 35 §§ 62.01.119
through 62.01.121; prior: 1899 c 149 §§ 119 through 121;
RRS §§ 3509 through 3511.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-602
62A.3-602 Payment. (a) Subject to subsection (b), an
instrument is paid to the extent payment is made (i) by or on
behalf of a party obliged to pay the instrument, and (ii) to a
person entitled to enforce the instrument. To the extent of the
payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with
knowledge of a claim to the instrument under RCW
62A.3-306 by another person.
(b) The obligation of a party to pay the instrument is not
discharged under subsection (a) if:
(1) A claim to the instrument under RCW 62A.3-306 is
enforceable against the party receiving payment and (i) payment is made with knowledge by the payor that payment is
prohibited by injunction or similar process of a court of competent jurisdiction, or (ii) in the case of an instrument other
than a cashier’s check, teller’s check, or certified check, the
party making payment accepted, from the person having a
claim to the instrument, indemnity against loss resulting from
refusal to pay the person entitled to enforce the instrument; or
(2) The person making payment knows that the instrument is a stolen instrument and pays a person it knows is in
wrongful possession of the instrument. [1993 c 229 § 72;
1965 ex.s. c 157 § 3-602. Cf. former RCW 62.01.122; 1955 c
35 § 62.01.122; prior: 1899 c 149 § 122; RRS § 3512.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-603
62A.3-603 Tender of payment. (a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is
governed by principles of law applicable to tender of payment under a simple contract.
[Title 62A RCW—page 66]
(b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument
and the tender is refused, there is discharge, to the extent of
the amount of the tender, of the obligation of an indorser or
accommodation party having a right of recourse with respect
to the obligation to which the tender relates.
(c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument,
the obligation of the obligor to pay interest after the due date
on the amount tendered is discharged. If presentment is
required with respect to an instrument and the obligor is able
and ready to pay on the due date at every place of payment
stated in the instrument, the obligor is deemed to have made
tender of payment on the due date to the person entitled to
enforce the instrument. [1993 c 229 § 73; 1965 ex.s. c 157 §
3-603. Cf. former RCW sections: (i) RCW 62.01.051,
62.01.088, 62.01.119, and 62.01.121; 1955 c 35 §§
62.01.051, 62.01.088, 62.01.119, and 62.01.121; prior: 1899
c 149 §§ 51, 88, 119, and 121; RRS §§ 3442, 3478, 3509, and
3511. (ii) RCW 62.01.171 through 62.01.177; 1955 c 35 §§
62.01.171 through 62.01.177; prior: 1899 c 149 §§ 171
through 177; RRS §§ 3561 through 3567. (iii) Subd. (3) cf.
former RCW 30.20.090; 1961 c 280 § 4.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-604
62A.3-604 Discharge by cancellation or renunciation. (a) A person entitled to enforce an instrument, with or
without consideration, may discharge the obligation of a
party to pay the instrument (i) by an intentional voluntary act,
such as surrender of the instrument to the party, destruction,
mutilation, or cancellation of the instrument, cancellation or
striking out of the party’s signature, or the addition of words
to the instrument indicating discharge, or (ii) by agreeing not
to sue or otherwise renouncing rights against the party by a
signed writing.
(b) Cancellation or striking out of an indorsement pursuant to subsection (a) does not affect the status and rights of a
party derived from the indorsement. [1993 c 229 § 74; 1965
ex.s. c 157 § 3-604. Cf. former RCW sections: (i) RCW
62.01.070; 1955 c 35 § 62.01.070; prior: 1899 c 149 § 70;
RRS § 3461. (ii) RCW 62.01.120; 1955 c 35 § 62.01.120;
prior: 1899 c 149 § 120; RRS § 3510.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.3-605
62A.3-605 Discharge of indorsers and accommodation parties. (a) In this section, the term "indorser" includes
a drawer having th e o bligation described in RCW
62A.3-414(d).
(b) Discharge, under RCW 62A.3-604, of the obligation
of a party to pay an instrument does not discharge the obligation of an indorser or accommodation party having a right of
recourse against the discharged party.
(c) If a person entitled to enforce an instrument agrees,
with or without consideration, to an extension of the due date
of the obligation of a party to pay the instrument, the extension discharges an indorser or accommodation party having a
right of recourse against the party whose obligation is
extended to the extent the indorser or accommodation party
(2006 Ed.)
Bank Deposits and Collections
proves that the extension caused loss to the indorser or
accommodation party with respect to the right of recourse.
(d) If a person entitled to enforce an instrument agrees,
with or without consideration, to a material modification of
the obligation of a party other than an extension of the due
date, the modification discharges the obligation of an
indorser or accommodation party having a right of recourse
against the person whose obligation is modified to the extent
the modification causes loss to the indorser or accommodation party with respect to the right of recourse. The loss suffered by the indorser or accommodation party as a result of
the modification is equal to the amount of the right of
recourse unless the person enforcing the instrument proves
that no loss was caused by the modification or that the loss
caused by the modification was an amount less than the
amount of the right of recourse.
(e) If the obligation of a party to pay an instrument is
secured by an interest in collateral and a person entitled to
enforce the instrument impairs the value of the interest in collateral, the obligation of an indorser or accommodation party
having a right of recourse against the obligor is discharged to
the extent of the impairment. The value of an interest in collateral is impaired to the extent (i) the value of the interest is
reduced to an amount less than the amount of the right of
recourse of the party asserting discharge, or (ii) the reduction
in value of the interest causes an increase in the amount by
which the amount of the right of recourse exceeds the value
of the interest. The burden of proving impairment is on the
party asserting discharge.
(f) If the obligation of a party is secured by an interest in
collateral not provided by an accommodation party and a person entitled to enforce the instrument impairs the value of the
interest in collateral, the obligation of any party who is jointly
and severally liable with respect to the secured obligation is
discharged to the extent the impairment causes the party
asserting discharge to pay more than that party would have
been obliged to pay, taking into account rights of contribution, if impairment had not occurred. If the party asserting
discharge is an accommodation party not entitled to discharge under subsection (e), the party is deemed to have a
right to contribution based on joint and several liability rather
than a right to reimbursement. The burden of proving impairment is on the party asserting discharge.
(g) Under subsection (e) or (f), impairing value of an
interest in collateral includes (i) failure to obtain or maintain
perfection or recordation of the interest in collateral, (ii)
release of collateral without substitution of collateral of equal
value, (iii) failure to perform a duty to preserve the value of
collateral owed, under *Article 9 or other law, to a debtor or
surety or other person secondarily liable, or (iv) failure to
comply with applicable law in disposing of collateral.
(h) An accommodation party is not discharged under
subsection (c), (d), or (e) unless the person entitled to enforce
the instrument knows of the accommodation or has notice
under RCW 62A.3-419(c) that the instrument was signed for
accommodation.
(i) A party is not discharged under this section if (i) the
party asserting discharge consents to the event or conduct
that is the basis of the discharge, or (ii) the instrument or a
separate agreement of the party provides for waiver of discharge under this section either specifically or by general lan(2006 Ed.)
Article 4
guage indicating that parties waive defenses based on suretyship or impairment of collateral. [1993 c 229 § 75; 1965 ex.s.
c 157 § 3-605. Cf. former RCW sections: RCW 62.01.048,
62.01.119(3), 62.01.120(2), 62.01.122, and 62.01.123; 1955
c 35 §§ 62.01.048, 62.01.119, 62.01.120, 62.01.122, and
62.01.123; prior: 1899 c 149 §§ 48, 119, 120, 122, and 123;
RRS §§ 3439, 3509, 3510, 3512, and 3513.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
Article 4
Article 4
BANK DEPOSITS AND COLLECTIONS
Sections
PART 1
GENERAL PROVISIONS AND DEFINITIONS
62A.4-101
62A.4-102
62A.4-103
62A.4-104
62A.4-105
62A.4-106
62A.4-107
62A.4-108
62A.4-109
62A.4-110
62A.4-111
Short title.
Applicability.
Variation by agreement; measure of damages; action constituting ordinary care.
Definitions and index of definitions.
"Bank"; "depositary bank"; "payor bank"; "intermediary
bank"; "collecting bank"; "presenting bank".
Payable through or payable at bank; collecting bank.
Separate office of a bank.
Time of receipt of items.
Delays.
Electronic presentment.
Statute of limitations.
PART 2
COLLECTION OF ITEMS: DEPOSITORY
AND COLLECTING BANKS
62A.4-201
62A.4-202
62A.4-203
62A.4-204
62A.4-205
62A.4-206
62A.4-207
62A.4-208
62A.4-209
62A.4-210
62A.4-211
62A.4-212
62A.4-213
62A.4-214
62A.4-215
62A.4-216
Status of collecting bank as agent and provisional status of
credits; applicability of article; item indorsed "pay any
bank".
Responsibility for collection or return; when action timely.
Effect of instructions.
Methods of sending and presenting; sending directly to payor
bank.
Depositary bank holder of unindorsed item.
Transfer between banks.
Transfer warranties.
Presentment warranties.
Encoding and retention warranties.
Security interest of collecting bank in items, accompanying
documents and proceeds.
When bank gives value for purposes of holder in due course.
Presentment by notice of item not payable by, through, or at a
bank; liability of drawer or indorser.
Medium and time of settlement by bank.
Right of charge-back or refund; liability of collecting bank;
return of item.
Final payment of item by payor bank; when provisional debits
and credits become final; when certain credits become available for withdrawal.
Insolvency and preference.
PART 3
COLLECTION OF ITEMS: PAYOR BANKS
62A.4-301
62A.4-302
62A.4-303
Deferred posting; recovery of payment by return of items; time
of dishonor; return of items by payor bank.
Payor bank’s responsibility for late return of item.
When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be charged or certified.
PART 4
RELATIONSHIP BETWEEN PAYOR BANK
AND ITS CUSTOMER
62A.4-401
When bank may charge customer’s account.
[Title 62A RCW—page 67]
62A.4-101
62A.4-402
62A.4-403
62A.4-404
62A.4-405
62A.4-406
62A.4-407
Title 62A RCW: Uniform Commercial Code
Bank’s liability to customer for wrongful dishonor; time of
determining insufficiency of account.
Customer’s right to stop payment; burden of proof of loss.
Bank not obligated to pay check more than six months old.
Death or incompetence of customer.
Customer’s duty to discover and report unauthorized signature
or alteration.
Payor bank’s right to subrogation on improper payment.
PART 5
COLLECTION OF DOCUMENTARY DRAFTS
62A.4-501
62A.4-502
62A.4-503
62A.4-504
Handling of documentary drafts; duty to send for presentment
and to notify customer of dishonor.
Presentment of "on arrival" drafts.
Responsibility of presenting bank for documents and goods;
report of reasons for dishonor; referee in case of need.
Privilege of presenting bank to deal with goods; security interest for expenses.
Reviser’s note: Powers, duties, and functions of the department of general administration relating to financial institutions were transferred to the
department of financial institutions by 1993 c 472, effective October 1, 1993.
See RCW 43.320.011.
PART 1
GENERAL PROVISIONS AND DEFINITIONS
62A.4-101 Short title. This Article may be cited as
Uniform Commercial Code— Bank Deposits and Collections. [1993 c 229 § 77; 1965 ex.s. c 157 § 4-101.]
62A.4-101
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-102
62A.4-102 Applicability. (a) To the extent that items
within this Article are also within Articles 3 and 8, they are
subject to those Articles. If there is conflict, this Article governs Article 3, but Article 8 governs this Article.
(b) The liability of a bank for action or non-action with
respect to an item handled by it for purposes of presentment,
payment, or collection is governed by the law of the place
where the bank is located. In the case of action or non-action
by or at a branch or separate office of a bank, its liability is
governed by the law of the place where the branch or separate
office is located. [1993 c 229 § 78; 1965 ex.s. c 157 § 4-102.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-103
62A.4-103 Variation by agreement; measure of damages; action constituting ordinary care. (a) The effect of
the provisions of this Article may be varied by agreement, but
the parties to the agreement cannot disclaim a bank’s responsibility for its lack of good faith or failure to exercise ordinary
care or limit the measure of damages for the lack or failure.
However, the parties may determine by agreement the standards by which the bank’s responsibility is to be measured if
those standards are not manifestly unreasonable.
(b) Federal Reserve regulations and operating circulars,
clearing-house rules, and the like have the effect of agreements under subsection (a), whether or not specifically
assented to by all parties interested in items handled.
(c) Action or non-action approved by this Article or pursuant to Federal Reserve regulations or operating circulars is
the exercise of ordinary care and, in the absence of special
instructions, action or non-action consistent with clearinghouse rules and the like or with a general banking usage not
disapproved by this Article, is prima facie the exercise of
ordinary care.
[Title 62A RCW—page 68]
(d) The specification or approval of certain procedures
by this Article is not disapproval of other procedures that may
be reasonable under the circumstances.
(e) The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item
reduced by an amount that could not have been realized by
the exercise of ordinary care. If there is also bad faith it
includes any other damages the party suffered as a proximate
consequence. [1993 c 229 § 79; 1965 ex.s. c 157 § 4-103. Cf.
former RCW sections: (i) RCW 30.52.050; 1955 c 33 §
30.52.050; prior: 1931 c 10 § 1; 1929 c 203 § 5; RRS § 32925. (ii) RCW 30.52.060; 1955 c 33 § 30.52.060; prior: 1929 c
203 § 6; RRS § 3292-6.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-104
62A.4-104 Definitions and index of definitions. (a) In
this Article, unless the context otherwise requires:
(1) "Account" means any deposit or credit account with
a bank, including a demand, time, savings, passbook, share
draft, or like account, other than an account evidenced by a
certificate of deposit;
(2) "Afternoon" means the period of a day between noon
and midnight;
(3) "Banking day" means the part of a day on which a
bank is open to the public for carrying on substantially all of
its banking functions, except that it shall not include a Saturday, Sunday, or legal holiday;
(4) "Clearing house" means an association of banks or
other payors regularly clearing items;
(5) "Customer" means a person having an account with a
bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank;
(6) "Documentary draft" means a draft to be presented
for acceptance or payment if specified documents, certificated securities (RCW 62A.8-102) or instructions for uncertificated securities (RCW 62A.8-102), or other certificates,
statements, or the like are to be received by the drawee or
other payor before acceptance or payment of the draft;
(7) "Draft" means a draft as defined in RCW 62A.3-104
or an item, other than an instrument, that is an order;
(8) "Drawee" means a person ordered in a draft to make
payment;
(9) "Item" means an instrument or a promise or order to
pay money handled by a bank for collection or payment. The
term does not include a payment order governed by Article
4A or a credit or debit card slip;
(10) "Midnight deadline" with respect to a bank is midnight on its next banking day following the banking day on
which it receives the relevant item or notice or from which
the time for taking action commences to run, whichever is
later;
(11) "Settle" means to pay in cash, by clearing-house settlement, in a charge or credit or by remittance, or otherwise as
agreed. A settlement may be either provisional or final;
(12) "Suspends payments" with respect to a bank means
that it has been closed by order of the supervisory authorities,
that a public officer has been appointed to take it over or that
it ceases or refuses to make payments in the ordinary course
of business.
(2006 Ed.)
Bank Deposits and Collections
(b) Other definitions applying to this Article and the sections in which they appear are:
"Agreement for electronic presentment"
RCW 62A.4-110.
"Bank"
RCW 62A.4-105.
"Collecting bank"
RCW 62A.4-105.
"Depositary bank"
RCW 62A.4-105.
"Intermediary bank"
RCW 62A.4-105.
"Payor bank"
RCW 62A.4-105.
"Presenting bank"
RCW 62A.4-105.
"Presentment notice"
RCW 62A.4-110.
(c) The following definitions in other Articles apply to
this Article:
"Acceptance"
RCW 62A.3-409.
"Alteration"
RCW 62A.3-407.
"Cashier’s check"
RCW 62A.3-104.
"Certificate of deposit"
RCW 62A.3-104.
"Certified check"
RCW 62A.3-409.
"Check"
RCW 62A.3-104.
"Draft"
RCW 62A.3-104.
"Good faith"
RCW 62A.3-103.
"Holder in due course"
RCW 62A.3-302.
"Instrument"
RCW 62A.3-104.
"Notice of dishonor"
RCW 62A.3-503.
"Order"
RCW 62A.3-103.
"Ordinary care"
RCW 62A.3-103.
"Person entitled to enforce"
RCW 62A.3-301.
"Presentment"
RCW 62A.3-501.
"Promise"
RCW 62A.3-103.
"Prove"
RCW 62A.3-103.
"Teller’s check"
RCW 62A.3-104.
"Unauthorized signature"
RCW 62A.3-403.
(d) In addition Article 1 contains general definitions and
principles of construction and interpretation applicable
throughout this Article. [1995 c 48 § 56; 1993 c 229 § 80;
1981 c 122 § 1; 1965 ex.s. c 157 § 4-104. Cf. former RCW
30.52.010; 1955 c 33 § 30.52.010; prior: 1929 c 203 § 1;
RRS § 3292-1.]
Savings—1995 c 48: See RCW 62A.8-601.
62A.4-109
(5) "Collecting bank" means a bank handling the item for
collection except the payor bank;
(6) "Presenting bank" means a bank presenting an item
except a payor bank. [1993 c 229 § 81; 1965 ex.s. c 157 § 4105. Cf. former RCW 30.52.010; 1955 c 33 § 30.52.010;
prior: 1929 c 203 § 1.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-106
62A.4-106 Payable through or payable at bank; collecting bank. (a) If an item states that it is "payable through"
a bank identified in the item, (i) the item designates the bank
as a collecting bank and does not by itself authorize the bank
to pay the item, and (ii) the item may be presented for payment only by or through the bank.
(b) If an item states that it is "payable at" a bank identified in the item, (i) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the
item, and (ii) the item may be presented for payment only by
or through the bank.
(c) If a draft names a nonbank drawee and it is unclear
whether a bank named in the draft is a codrawee or a collecting bank, the bank is a collecting bank. [1993 c 229 § 82;
1965 ex.s. c 157 § 4-106. Cf. former RCW sections: (i) RCW
30.52.010; 1955 c 33 § 30.52.010; prior: 1929 c 203 § 1;
RRS § 3292-1. (ii) RCW 30.40.030 through 30.40.050; 1955
c 33 §§ 30.40.030 through 30.40.050; prior: 1939 c 59 §§ 1
through 3; RRS §§ 3252-6 through 3252-8.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-107
62A.4-107 Separate office of a bank. A branch or separate office of a bank is a separate bank for the purpose of
computing the time within which and determining the place
at or to which action may be taken or notices or orders must
be given under this Article and under Article 3. [1993 c 229
§ 83; 1965 ex.s. c 157 § 4-107.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
Effective date—1995 c 48: See RCW 62A.11-113.
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
Construction—1981 c 122: "Nothing in this 1981 amendatory act shall
be construed to preclude any bank from being open to the public for carrying
on its banking functions on Saturdays or Sundays." [1981 c 122 § 2.] "this
1981 amendatory act" consists of the 1981 amendment to RCW 62A.4-104.
62A.4-105
62A.4-105 "Bank"; "depositary bank"; "payor
bank"; "intermediary bank"; "collecting bank"; "presenting bank". In this Article:
(1) "Bank" means a person engaged in the business of
banking, including a savings bank, savings and loan association, credit union, or trust company;
(2) "Depositary bank" means the first bank to take an
item even though it is also the payor bank, unless the item is
presented for immediate payment over the counter;
(3) "Payor bank" means a bank that is the drawee of a
draft;
(4) "Intermediary bank" means a bank to which an item
is transferred in course of collection except the depositary or
payor bank;
(2006 Ed.)
62A.4-108
62A.4-108 Time of receipt of items. (a) For the purpose of allowing time to process items, prove balances, and
make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of two P.M.
or later as a cut-off hour for the handling of money and items
and the making of entries on its books.
(b) An item or deposit of money received on any day
after a cut-off hour so fixed or after the close of the banking
day may be treated as being received at the opening of the
next banking day. [1993 c 229 § 84; 1965 ex.s. c 157 § 4108.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-109
62A.4-109 Delays. (a) Unless otherwise instructed, a
collecting bank in a good faith effort to secure payment of a
specific item drawn on a payor other than a bank, and with or
without the approval of any person involved, may waive,
modify, or extend time limits imposed or permitted by this
Title for a period not exceeding two additional banking days
[Title 62A RCW—page 69]
62A.4-110
Title 62A RCW: Uniform Commercial Code
without discharge of drawers or indorsers or liability to its
transferor or a prior party.
(b) Delay by a collecting bank or payor bank beyond
time limits prescribed or permitted by this Title or by instructions is excused if (i) the delay is caused by interruption of
communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of
equipment, or other circumstances beyond the control of the
bank, and (ii) the bank exercises such diligence as the circumstances require. [1993 c 229 § 85; 1965 ex.s. c 157 § 4109.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
though action of the parties clearly establishes that a particular bank has purchased the item and is the owner of it.
(b) After an item has been indorsed with the words "pay
any bank" or the like, only a bank may acquire the rights of a
holder until the item has been:
(1) Returned to the customer initiating collection; or
(2) Specially indorsed by a bank to a person who is not a
bank. [1993 c 229 § 88; 1965 ex.s. c 157 § 4-201. Cf. former
RCW sections: (i) RCW 30.52.020; 1955 c 33 § 30.52.020;
prior: 1929 c 203 § 2; RRS § 3292-2. (ii) RCW 30.52.040;
1955 c 33 § 30.52.040; prior: 1931 c 10 § 1; 1929 c 203 § 4;
RRS § 3292-4.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-110
62A.4-110 Electronic presentment. (a) "Agreement
for electronic presentment" means an agreement, clearinghouse rule, or Federal Reserve regulation or operating circular, providing that presentment of an item may be made by
transmission of an image of an item or information describing the item ("presentment notice") rather than delivery of the
item itself. The agreement may provide for procedures governing retention, presentment, payment, dishonor, and other
matters concerning items subject to the agreement.
(b) Presentment of an item pursuant to an agreement for
presentment is made when the presentment notice is received.
(c) If presentment is made by presentment notice, a reference to "item" or "check" in this Article means the presentment notice unless the context otherwise indicates. [1993 c
229 § 86.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-111
62A.4-111 Statute of limitations. An action to enforce
an obligation, duty, or right arising under this Article must be
commenced within three years after the cause of action
accrues. [1993 c 229 § 87.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
PART 2
COLLECTION OF ITEMS: DEPOSITORY AND
COLLECTING BANKS
62A.4-201
62A.4-201 Status of collecting bank as agent and provisional status of credits; applicability of article; item
indorsed "pay any bank". (a) Unless a contrary intent
clearly appears and before the time that a settlement given by
a collecting bank for an item is or becomes final, the bank,
with respect to the item, is an agent or sub-agent of the owner
of the item and any settlement given for the item is provisional. This provision applies regardless of the form of
indorsement or lack of indorsement and even though credit
given for the item is subject to immediate withdrawal as of
right or is in fact withdrawn; but the continuance of ownership of an item by its owner and any rights of the owner to
proceeds of the item are subject to rights of a collecting bank
such as those resulting from outstanding advances on the
item and rights of recoupment or setoff. If an item is handled
by banks for purposes of presentment, payment, collection, or
return, the relevant provisions of this Article apply even
[Title 62A RCW—page 70]
62A.4-202 Responsibility for collection or return;
when action timely. (a) A collecting bank must exercise
ordinary care in:
(1) Presenting an item or sending it for presentment;
(2) Sending notice of dishonor or non-payment or returning an item other than a documentary draft to the bank’s
transferor after learning that the item has not been paid or
accepted, as the case may be;
(3) Settling for an item when the bank receives final settlement; and
(4) Notifying its transferor of any loss or delay in transit
within a reasonable time after discovery thereof.
(b) A collecting bank exercises ordinary care under subsection (a) by taking proper action before its midnight deadline following receipt of an item, notice, or settlement. Taking proper action within a reasonably longer time may constitute the exercise of ordinary care, but the bank has the burden
of establishing timeliness.
(c) Subject to subsection (a)(1), a bank is not liable for
the insolvency, neglect, misconduct, mistake or default of
another bank or person or for loss or destruction of an item in
the possession of others or in transit. [1993 c 229 § 89; 1965
ex.s. c 157 § 4-202. Cf. former RCW sections: (i) RCW
30.52.050; 1955 c 33 § 30.52.050; prior: 1929 c 203 § 5;
RRS § 3292-5. (ii) RCW 30.52.060; 1955 c 33 § 30.52.060;
prior: 1929 c 203 § 6; RRS § 3292-6.]
62A.4-202
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-203 Effect of instructions. Subject to Article 3
concerning conversion of instruments (RCW 62A.3-420) and
restrictive indorsements (RCW 62A.3-206), only a collecting
bank’s transferor can give instructions that affect the bank or
constitute notice to it, and a collecting bank is not liable to
prior parties for any action taken pursuant to the instructions
or in accordance with any agreement with its transferor.
[1993 c 229 § 90; 1965 ex.s. c 157 § 4-203. Cf. former RCW
30.52.020; 1955 c 33 § 30.52.020; prior: 1929 c 203 § 2;
RRS § 3292-2.]
62A.4-203
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-204 Methods of sending and presenting; sending directly to payor bank. (a) A collecting bank shall send
items by a reasonably prompt method, taking into consideration relevant instructions, the nature of the item, the number
62A.4-204
(2006 Ed.)
Bank Deposits and Collections
of those items on hand, the cost of collection involved, and
the method generally used by it or others to present those
items.
(b) A collecting bank may send:
(1) An item directly to the payor bank;
(2) An item to a non-bank payor if authorized by its
transferor; and
(3) An item other than documentary drafts to a non-bank
payor, if authorized by Federal Reserve regulation or operating circular, clearing-house rule, or the like.
(c) Presentment may be made by a presenting bank at a
place where the payor bank or other payor has requested that
presentment be made. [1993 c 229 § 91; 1965 ex.s. c 157 §
4-204. Cf. former RCW 30.52.060; 1955 c 33 § 30.52.060;
prior: 1929 c 203 § 6; RRS § 3292-6.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-205
62A.4-205 Depositary bank holder of unindorsed
item. If a customer delivers an item to a depositary bank for
collection:
(a) The depositary bank becomes a holder of the item at
the time it receives the item for collection if the customer at
the time of delivery was a holder of the item, whether or not
the customer indorses the item, and, if the bank satisfies the
other requirements of RCW 62A.3-302, it is a holder in due
course; and
(b) The depositary bank warrants to collecting banks, the
payor bank or other payor, and the drawer that the amount of
the item was paid to the customer or deposited to the customer’s account. [1993 c 229 § 92; 1965 ex.s. c 157 § 4-205.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-206
62A.4-206 Transfer between banks. Any agreed
method that identifies the transferor bank is sufficient for the
item’s further transfer to another bank. [1993 c 229 § 93;
1965 ex.s. c 157 § 4-206.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-207
62A.4-207 Transfer warranties. (a) A customer or
collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to
any subsequent collecting bank that:
(1) The warrantor is a person entitled to enforce the item;
(2) All signatures on the item are authentic and authorized;
(3) The item has not been altered;
(4) The item is not subject to a defense or claim in
recoupment (RCW 62A.3-305(a)) of any party that can be
asserted against the warrantor; and
(5) The warrantor has no knowledge of any insolvency
proceeding commenced with respect to the maker or acceptor
or, in the case of an unaccepted draft, the drawer.
(b) If an item is dishonored, a customer or collecting
bank transferring the item and receiving settlement or other
consideration is obliged to pay the amount due on the item (i)
according to the terms of the item at the time it was transferred, or (ii) if the transfer was of an incomplete item,
according to its terms when completed as stated in RCW
(2006 Ed.)
62A.4-208
62A.3-115 and 62A.3-407. The obligation of a transferor is
owed to the transferee and to any subsequent collecting bank
that takes the item in good faith. A transferor cannot disclaim
its obligation under this subsection by an indorsement stating
that it is made "without recourse" or otherwise disclaiming
liability.
(c) A person to whom the warranties under subsection
(a) are made and who took the item in good faith may recover
from the warrantor as damages for breach of warranty an
amount equal to the loss suffered as a result of the breach, but
not more than the amount of the item plus expenses and loss
of interest incurred as a result of the breach.
(d) The warranties stated in subsection (a) cannot be disclaimed with respect to checks. Unless notice of a claim for
breach of warranty is given to the warrantor within thirty
days after the claimant has reason to know of the breach and
the identity of the warrantor, the warrantor is discharged to
the extent of any loss caused by the delay in giving notice of
the claim.
(e) A cause of action for breach of warranty under this
section accrues when the claimant has reason to know of the
breach. [1993 c 229 § 94; 1965 ex.s. c 157 § 4-207. Cf.
former RCW 30.52.040; 1955 c 33 § 30.52.040; prior: 1931
c 10 § 1; 1929 c 203 § 4; RRS § 3292-4.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-208
62A.4-208 Presentment warranties. (a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person
obtaining payment or acceptance, at the time of presentment,
and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee that pays or accepts the draft in
good faith that:
(1) The warrantor is, or was, at the time the warrantor
transferred the draft, a person entitled to enforce the draft or
authorized to obtain payment or acceptance of the draft on
behalf of a person entitled to enforce the draft;
(2) The draft has not been altered; and
(3) The warrantor has no knowledge that the signature of
the purported drawer of the draft is unauthorized.
(b) A drawee making payment may recover from a warrantor damages for breach of warranty equal to the amount
paid by the drawee less the amount the drawee received or is
entitled to receive from the drawer because of the payment.
In addition, the drawee is entitled to compensation for
expenses and loss of interest resulting from the breach. The
right of the drawee to recover damages under this subsection
is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft
(i) breach of warranty is a defense to the obligation of the
acceptor, and (ii) if the acceptor makes payment with respect
to the draft, the acceptor is entitled to recover from a warrantor for breach of warranty the amounts stated in this subsection.
(c) If a drawee asserts a claim for breach of warranty
under subsection (a) based on an unauthorized indorsement
of the draft or an alteration of the draft, the warrantor may
defend by proving that the indorsement is effective under
RCW 62A.3-404 or 62A.3-405 or the drawer is precluded
[Title 62A RCW—page 71]
62A.4-209
Title 62A RCW: Uniform Commercial Code
under RCW 62A.3-406 or 62A.4-406 from asserting against
the drawee the unauthorized indorsement or alteration.
(d) If (i) a dishonored draft is presented for payment to
the drawer or an indorser or (ii) any other item is presented
for payment to a party obliged to pay the item, and the item is
paid, the person obtaining payment and a prior transferor of
the item warrant to the person making payment in good faith
that the warrantor is, or was, at the time the warrantor transferred the item, a person entitled to enforce the item or authorized to obtain payment on behalf of a person entitled to
enforce the item. The person making payment may recover
from any warrantor for breach of warranty an amount equal
to the amount paid plus expenses and loss of interest resulting
from the breach.
(e) The warranties stated in subsections (a) and (d) cannot be disclaimed with respect to checks. Unless notice of a
claim for breach of warranty is given to the warrantor within
thirty days after the claimant has reason to know of the
breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving
notice of the claim.
(f) A cause of action for breach of warranty under this
section accrues when the claimant has reason to know of the
breach. [1993 c 229 § 95; 1965 ex.s. c 157 § 4-208. Cf.
former RCW 30.52.020; 1955 c 33 § 30.52.020; prior: 1929
c 203 § 2; RRS § 3292-2.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
given whether or not the credit is drawn upon or there is a
right of charge-back; or
(3) If it makes an advance on or against the item.
(b) If credit given for several items received at one time
or pursuant to a single agreement is withdrawn or applied in
part, the security interest remains upon all the items, any
accompanying documents or the proceeds of either. For the
purpose of this section, credits first given are first withdrawn.
(c) Receipt by a collecting bank of a final settlement for
an item is a realization on its security interest in the item,
accompanying documents, and proceeds. So long as the bank
does not receive final settlement for the item or give up possession of the item or accompanying documents for purposes
other than collection, the security interest continues to that
extent and is subject to Article 9A, but:
(1) No security agreement is necessary to make the security interest enforceable RCW 62A.9A-203(b)(3)(A);
(2) No filing is required to perfect the security interest;
and
(3) The security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds. [2001 c 32 § 13; 2000 c 250 § 9A-813;
1993 c 229 § 97; 1965 ex.s. c 157 § 4-210.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Effective date—2000 c 250: See RCW 62A.9A-701.
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-211 When bank gives value for purposes of
holder in due course. For purposes of determining its status
as a holder in due course, bank has given value to the extent
it has a security interest in an item, if the bank otherwise complies with the requirements of RCW 62A.3-302 on what constitutes a holder in due course. [1993 c 229 § 98; 1965 ex.s.
c 157 § 4-211. Cf. former RCW sections: (i) RCW
30.52.090; 1955 c 33 § 30.52.090; prior: 1929 c 203 § 9;
RRS § 3292-9. (ii) RCW 30.52.100; 1955 c 33 § 30.52.100;
prior: 1929 c 203 § 10; RRS § 3292-10.]
62A.4-211
62A.4-209
62A.4-209 Encoding and retention warranties. (a) A
person who encodes information on or with respect to an item
after issue warrants to any subsequent collecting bank and to
the payor bank or other payor that the information is correctly
encoded. If the customer of a depositary bank encodes, that
bank also makes the warranty.
(b) A person who undertakes to retain an item pursuant
to an agreement for electronic presentment warrants to any
subsequent collecting bank and to the payor bank or other
payor that retention and presentment of the item comply with
the agreement. If a customer of a depositary bank undertakes
to retain an item, that bank also makes this warranty.
(c) A person to whom warranties are made under this
section and who took the item in good faith may recover from
the warrantor as damages for breach of warranty an amount
equal to the loss suffered as a result of the breach, plus
expenses and loss of interest incurred as a result of the
breach. [1993 c 229 § 96; 1965 ex.s. c 157 § 4-209. Cf.
former RCW 62.01.027; 1955 c 35 § 62.01.027; prior: 1899
c 149 § 27; RRS § 3418.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-210
62A.4-210 Security interest of collecting bank in
items, accompanying documents and proceeds. (a) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either:
(1) In case of an item deposited in an account, to the
extent to which credit given for the item has been withdrawn
or applied;
(2) In case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit
[Title 62A RCW—page 72]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-212 Presentment by notice of item not payable
by, through, or at a bank; liability of drawer or indorser.
(a) Unless otherwise instructed, a collecting bank may
present an item not payable by, through or at a bank by sending to the party to accept or pay a written notice that the bank
holds the item for acceptance or payment. The notice must be
sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the
party to accept or pay under RCW 62A.3-501 by the close of
the bank’s next banking day after it knows of the requirement.
(b) If presentment is made by notice and payment, acceptance, or request for compliance with a requirement under
RCW 62A.3-501 is not received by the close of business on
the day after maturity or, in the case of demand items, by the
close of business on the third banking day after notice was
sent, the presenting bank may treat the item as dishonored
and charge any drawer or indorser by sending it notice of the
facts. [1993 c 229 § 99; 1965 ex.s. c 157 § 4-212. Cf. former
RCW sections: (i) RCW 30.52.020; 1955 c 33 § 30.52.020;
62A.4-212
(2006 Ed.)
Bank Deposits and Collections
prior: 1929 c 203 § 2; RRS § 3292-2. (ii) RCW 30.52.110;
1955 c 33 § 30.52.110; prior: 1929 c 203 § 11; RRS § 329211.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-213
62A.4-213 Medium and time of settlement by bank.
(a) With respect to settlement by a bank, the medium and
time of settlement may be prescribed by Federal Reserve regulations or circulars, clearing-house rules, and the like, or
agreement. In the absence of such prescription:
(1) The medium of settlement is cash or credit to an
account in a Federal Reserve bank of or specified by the person to receive settlement; and
(2) The time of settlement, is:
(i) With respect to tender of settlement by cash, a cashier’s check, or teller’s check, when the cash or check is sent
or delivered;
(ii) With respect to tender of settlement by credit in an
account in a Federal Reserve bank, when the credit is made;
(iii) With respect to tender of settlement by a credit or
debit to an account in a bank, when the credit or debit is made
or, in the case of tender of settlement by authority to charge
an account, when the authority is sent or delivered; or
(iv) With respect to tender of settlement by a funds transfer, when payment is made pursuant to RCW 62A.4A-406(1)
to the person receiving settlement.
(b) If the tender of settlement is not by a medium authorized by subsection (a) or the time of settlement is not fixed
by subsection (a), no settlement occurs until the tender of settlement is accepted by the person receiving settlement.
(c) If settlement for an item is made by cashier’s check or
teller’s check and the person receiving settlement, before its
midnight deadline:
(1) Presents or forwards the check for collection, settlement is final when the check is finally paid; or
(2) Fails to present or forward the check for collection,
settlement is final at the midnight deadline of the person
receiving settlement.
(d) If settlement for an item is made by giving authority
to charge the account of the bank giving settlement in the
bank receiving settlement, settlement is final when the charge
is made by the bank receiving settlement if there are funds
available in the account for the amount of the item. [1993 c
229 § 100; 1965 ex.s. c 157 § 4-213. Cf. former RCW
30.52.110; 1955 c 33 § 30.52.110; prior: 1929 c 203 § 11;
RRS § 3292-11.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-214
62A.4-214 Right of charge-back or refund; liability
of collecting bank; return of item. (a) If a collecting bank
has made provisional settlement with its customer for an item
and fails by reason of dishonor, suspension of payments by a
bank, or otherwise to receive a settlement for the item which
is or becomes final, the bank may revoke the settlement given
by it, charge back the amount of any credit given for the item
to its customer’s account, or obtain refund from its customer,
whether or not it is able to return the items, if by its midnight
deadline or within a longer reasonable time after it learns the
facts it returns the item or sends notification of the facts. If
(2006 Ed.)
62A.4-215
the return or notice is delayed beyond the bank’s midnight
deadline or a longer reasonable time after it learns the facts,
the bank may revoke the settlement, charge back the credit, or
obtain refund from its customer, but it is liable for any loss
resulting from the delay. These rights to revoke, charge-back,
and obtain refund terminate if and when a settlement for the
item received by the bank is or becomes final.
(b) A collecting bank returns an item when it is sent or
delivered to the bank’s customer or transferor or pursuant to
its instructions.
(c) A depositary bank that is also the payor may chargeback the amount of an item to its customer’s account or
obtain refund in accordance with the section governing return
of an item received by a payor bank for credit on its books
(RCW 62A.4-301).
(d) The right to charge-back is not affected by:
(1) Previous use of a credit given for the item; or
(2) Failure by any bank to exercise ordinary care with
respect to the item, but a bank so failing remains liable.
(e) A failure to charge-back or claim refund does not
affect other rights of the bank against the customer or any
other party.
(f) If credit is given in dollars as the equivalent of the
value of an item payable in a foreign money, the dollar
amount of any charge-back or refund must be calculated on
the basis of the bank-offered spot rate for the foreign money
prevailing on the day when the person entitled to the chargeback or refund learns that it will not receive payment in ordinary course. [1993 c 229 § 101; 1965 ex.s. c 157 § 4-214. Cf.
former RCW 30.52.130; 1955 c 33 § 30.52.130; prior: 1929
c 203 § 13; RRS § 3292-13.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
Insolvency—Preferences prohibited: RCW 30.44.110.
62A.4-215
62A.4-215 Final payment of item by payor bank;
when provisional debits and credits become final; when
certain credits become available for withdrawal. (a) An
item is finally paid by a payor bank when the bank has first
done any of the following:
(1) Paid the item in cash;
(2) Settled for the item without having a right to revoke
the settlement under statute, clearing-house rule, or agreement; or
(3) Made a provisional settlement for the item and failed
to revoke the settlement in the time and manner permitted by
statute, clearing-house rule, or agreement.
(b) If provisional settlement for an item does not become
final, the item is not finally paid.
(c) If provisional settlement for an item between the presenting and payor banks is made through a clearing house or
by debits or credits in an account between them, then to the
extent that provisional debits or credits for the item are
entered in accounts between the presenting and payor banks
or between the presenting and successive prior collecting
banks seriatim, they become final upon final payment of the
item by the payor bank.
(d) If a collecting bank receives a settlement for an item
which is or becomes final, the bank is accountable to its customer for the amount of the item and any provisional credit
[Title 62A RCW—page 73]
62A.4-216
Title 62A RCW: Uniform Commercial Code
given for the item in an account with its customer becomes
final.
(e) Subject to (i) applicable law stating a time for availability of funds and (ii) any right of the bank to apply the
credit to an obligation of the customer, credit given by a bank
for an item in a customer’s account becomes available for
withdrawal as of right:
(1) If the bank has received a provisional settlement for
the item, when the settlement becomes final and the bank has
had a reasonable time to receive return of the item and the
item has not been received within that time;
(2) If the bank is both the depositary bank and the payor
bank, and the item is finally paid, at the opening of the bank’s
second banking day following receipt of the item.
(f) Subject to applicable law stating a time for availability of funds and any right of a bank to apply a deposit to an
obligation of the depositor, a deposit of money becomes
available for withdrawal as of right at the opening of the
bank’s next banking day after receipt of the deposit. [1993 c
229 § 102.]
(2) Sends written notice of dishonor or nonpayment if
the item is unavailable for return.
(b) If a demand item is received by a payor bank for
credit on its books, it may return the item or send notice of
dishonor and may revoke any credit given or recover the
amount thereof withdrawn by its customer, if it acts within
the time limit and in the manner specified in subsection (a).
(c) Unless previous notice of dishonor has been sent, an
item is dishonored at the time when for purposes of dishonor
it is returned or notice sent in accordance with this section.
(d) An item is returned:
(1) As to an item presented through a clearing house,
when it is delivered to the presenting or last collecting bank
or to the clearing house or is sent or delivered in accordance
with clearing-house rules; or
(2) In all other cases, when it is sent or delivered to the
bank’s customer or transferor or pursuant to instructions.
[1993 c 229 § 104; 1965 ex.s. c 157 § 4-301. Cf. former RCW
30.52.030; 1955 c 33 § 30.52.030; prior: 1929 c 203 § 3;
RRS § 3292-3.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-216
62A.4-216 Insolvency and preference. (a) If an item is
in or comes into the possession of a payor or collecting bank
that suspends payment and the item has not been finally paid,
the item must be returned by the receiver, trustee, or agent in
charge of the closed bank to the presenting bank or the closed
bank’s customer.
(b) If a payor bank finally pays an item and suspends
payments without making a settlement for the item with its
customer or the presenting bank which settlement is or
becomes final, the owner of the item has a preferred claim
against the payor bank.
(c) If a payor bank gives or a collecting bank gives or
receives a provisional settlement for an item and thereafter
suspends payments, the suspension does not prevent or interfere with the settlement’s becoming final if the finality occurs
automatically upon the lapse of certain time or the happening
of certain events.
(d) If a collecting bank receives from subsequent parties
settlement for an item, which settlement is or becomes final
and the bank suspends payments without making a settlement
for the item with its customer which settlement is or becomes
final, the owner of the item has a preferred claim against the
collecting bank. [1993 c 229 § 103.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-302
62A.4-302 Payor bank’s responsibility for late return
of item. (a) If an item is presented to and received by a payor
bank, the bank is accountable for the amount of:
(1) A demand item, other than a documentary draft,
whether properly payable or not, if the bank, in any case in
which it is not also the depositary bank, retains the item
beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank,
does not pay or return the item or send notice of dishonor
until after its midnight deadline; or
(2) Any other properly payable item unless, within the
time allowed for acceptance or payment of that item, the bank
either accepts or pays the item or returns it and accompanying
documents.
(b) The liability of a payor bank to pay an item pursuant
to subsection (a) is subject to defenses based on breach of a
presentment warranty (RCW 62A.4-208) or proof that the
person seeking enforcement of the liability presented or
transferred the item for the purpose of defrauding the payor
bank. [1993 c 229 § 105; 1965 ex.s. c 157 § 4-302. Cf.
former RCW 30.52.030; 1955 c 33 § 30.52.030; prior: 1929
c 203 § 3; RRS § 3292-3.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-303
PART 3
COLLECTION OF ITEMS: PAYOR BANKS
62A.4-301
62A.4-301 Deferred posting; recovery of payment by
return of items; time of dishonor; return of items by
payor bank. (a) If a payor bank settles for a demand item
(other than a documentary draft) presented otherwise than for
immediate payment over the counter before midnight of the
banking day of receipt, the payor bank may revoke the settlement and recover the settlement if, before it has made final
payment and before its midnight deadline, it:
(1) Returns the item; or
[Title 62A RCW—page 74]
62A.4-303 When items subject to notice, stop-payment order, legal process, or setoff; order in which items
may be charged or certified. (a) Any knowledge, notice, or
stop-payment order received by, legal process served upon,
or setoff exercised by a payor bank comes too late to terminate, suspend, or modify the bank’s right or duty to pay an
item or to charge its customer’s account for the item if the
knowledge, notice, stop-payment order, or legal process is
received or served and a reasonable time for the bank to act
thereon expires or the setoff is exercised after the earliest of
the following:
(1) The bank accepts or certifies the item;
(2) The bank pays the item in cash;
(2006 Ed.)
Bank Deposits and Collections
(3) The bank settles for the item without having a right to
revoke the settlement under statute, clearing-house rule, or
agreement;
(4) The bank becomes accountable for the amount of the
item under RCW 62A.4-302 dealing with the payor bank’s
responsibility for late return of items; or
(5) With respect to checks, a cutoff hour no earlier than
one hour after the opening of the next banking day after the
banking day on which the bank received the check and no
later than the close of that next banking day or, if no cutoff
hour is fixed, the close of the next banking day after the banking day on which the bank received the check.
(b) Subject to subsection (a) items may be accepted,
paid, certified, or charged to the indicated account of its customer in any order. [1993 c 229 § 106; 1965 ex.s. c 157 § 4303.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
PART 4
RELATIONSHIP BETWEEN PAYOR BANK
AND ITS CUSTOMER
62A.4-401
62A.4-401 When bank may charge customer’s
account. (a) A bank may charge against the account of a customer an item that is properly payable from that account even
though the charge creates an overdraft. An item is properly
payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank.
(b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited
from the proceeds of the item.
(c) A bank may charge against the account of a customer
a check that is otherwise properly payable from the account,
even though payment was made before the date of the check,
unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The
notice is effective for the period stated in RCW 62A.4-403(b)
for stop-payment orders, and must be received at such time
and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with
respect to the check described in RCW 62A.4-303. A bank
may not collect a fee from a customer based on the customer’s giving notice to the bank of a postdating. If a bank
charges against the account of a customer a check before the
date stated in the notice of postdating, the bank is liable for
damages for the loss resulting from its act. The loss may
include damages for dishonor of subsequent items under
RCW 62A.4-402.
(d) A bank that in good faith makes payment to a holder
may charge the indicated account of its customer according
to:
(1) The original terms of the altered item; or
(2) The terms of the completed item, even though the
bank knows the item has been completed unless the bank has
notice that the completion was improper. [1993 c 229 § 107;
1965 ex.s. c 157 § 4-401.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
(2006 Ed.)
62A.4-403
62A.4-402
62A.4-402 Bank’s liability to customer for wrongful
dishonor; time of determining insufficiency of account.
(a) Except as otherwise provided in this Article, a payor bank
wrongfully dishonors an item if it dishonors an item that is
properly payable, but a bank may dishonor an item that
would create an overdraft unless it has agreed to pay the overdraft.
(b) A payor bank is liable to its customer for damages
proximately caused by the wrongful dishonor of an item. Liability is limited to actual damages proved and may include
damages for an arrest or prosecution of the customer or other
consequential damages. Whether any consequential damages
are proximately caused by the wrongful dishonor is a question of fact to be determined in each case.
(c) A payor bank’s determination of the customer’s
account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time
between the time the item is received by the payor bank and
the time that the payor bank returns the item or gives notice
in lieu of return, and no more than one determination need be
made. If, at the election of the payor bank, a subsequent balance determination is made for the purpose of reevaluating
the bank’s decision to dishonor the item, the account balance
at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful. [1993 c 229 § 108;
1965 ex.s. c 157 § 4-402.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-403
62A.4-403 Customer’s right to stop payment; burden
of proof of loss. (a) A customer or any other person authorized to draw on the account if there is more than one person
may stop payment of any item drawn on the customer’s
account or close the account by an order to the bank describing the item or account with reasonable certainty received at
a time and in a manner that affords the bank a reasonable
opportunity to act on it before any action by the bank with
respect to the item described in RCW 62A.4-303. If the signature of more than one person is required to draw on an
account, any of these persons may stop payment or close the
account.
(b) A stop-payment order is effective for six months, but
it lapses after fourteen calendar days if the original order was
oral and was not confirmed in writing within that period. A
stop-payment order may be renewed for additional six-month
periods by a writing given to the bank within a period during
which the stop-payment order is effective.
(c) The burden of establishing the fact and amount of
loss resulting from the payment of an item contrary to a binding stop-payment order or order to close the account is on the
customer. The loss from payment of an item contrary to a
stop-payment order may include damages for dishonor of
subsequent items under RCW 62A.4-402. [1993 c 229 § 109;
1965 ex.s c 157 § 4-403. Cf. former RCW sections: (i) RCW
30.16.030; 1959 c 106 § 4; 1955 c 33 § 30.16.030; prior:
1923 c 114 §§ 1, part, and 2; RRS §§ 3252-1, part, and 32522. (ii) RCW 30.16.040; 1955 c 33 § 30.16.040; prior: 1923 c
114 §§ 1, part, and 3; RRS §§ 3252-1, part, and 3252-3.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
[Title 62A RCW—page 75]
62A.4-404
Title 62A RCW: Uniform Commercial Code
62A.4-404
62A.4-404 Bank not obligated to pay check more
than six months old. A bank is under no obligation to a customer having a checking account to pay a check, other than a
certified check, which is presented more than six months
after its date, but it may charge its customer’s account for a
payment made thereafter in good faith. [1965 ex.s. c 157 § 4404. Cf. former RCW 30.16.050; 1955 c 33 § 30.16.050;
prior: 1923 c 114 §§ 1, part, and 5; RRS §§ 3252-1, part, and
3252-5.]
62A.4-405
62A.4-405 Death or incompetence of customer. (a) A
payor or collecting bank’s authority to accept, pay, or collect
an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of
a customer of either bank existing at the time the item is
issued or its collection is undertaken if the bank does not
know of an adjudication of incompetence. Neither death nor
incompetence of a customer revokes the authority to accept,
pay, collect, or account until the bank knows of the fact of
death or of an adjudication of incompetence and has reasonable opportunity to act on it.
(b) Even with knowledge, a bank may for ten days after
the date of death pay or certify checks drawn on or before that
date unless ordered to stop payment by a person claiming an
interest in the account. [1993 c 229 § 110; 1965 ex.s. c 157 §
4-405. Cf. former RCW 30.20.030; 1955 c 33 § 30.20.030;
prior: 1917 c 80 § 43; RRS § 3250.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-406
62A.4-406 Customer’s duty to discover and report
unauthorized signature or alteration. (a) A bank that
sends or makes available to a customer a statement of account
showing payment of items for the account shall either return
or make available to the customer the items paid, copies of
the items paid, or provide information in the statement of
account sufficient to allow the customer reasonably to identify the items paid. The statement of account provides sufficient information if the item is described by item number,
amount, and date of payment. If the bank does not return the
items paid or copies of the items paid, it shall provide in the
statement of account the telephone number that the customer
may call to request an item or copy of an item pursuant to
subsection (b) of this section.
(b) If the items are not returned to the customer, the person retaining the items shall either retain the items or, if the
items are destroyed, maintain the capacity to furnish legible
copies of the items until the expiration of seven years after
receipt of the items. A customer may request an item from the
bank that paid the item, and that bank must provide in a reasonable time either the item or, if the item has been destroyed
or is not otherwise obtainable, a legible copy of the item. A
bank shall provide, upon request and without charge to the
customer, at least two items or copies of items with respect to
each statement of account sent to the customer. A bank may
charge fees for additional items or copies of items in accordance with RCW 30.22.230. Requests for ten items or less
shall be processed and completed within ten business days.
(c) If a bank sends or makes available a statement of
account or items pursuant to subsection (a), the customer
must exercise reasonable promptness in examining the state[Title 62A RCW—page 76]
ment or the items to determine whether any payment was not
authorized because of an alteration of an item or because a
purported signature by or on behalf of the customer was not
authorized. If, based on the statement or items provided, the
customer should reasonably have discovered the unauthorized payment, the customer must promptly notify the bank
of the relevant facts.
(d) If the bank proves that the customer, failed with
respect to an item, to comply with the duties imposed on the
customer by subsection (c) the customer is precluded from
asserting against the bank:
(1) The customer’s unauthorized signature or any alteration on the item, if the bank also proves that it suffered a loss
by reason of the failure; and
(2) The customer’s unauthorized signature or alteration
by the same wrong-doer on any other item paid in good faith
by the bank if the payment was made before the bank
received notice from the customer of the unauthorized signature or alteration and after the customer had been afforded a
reasonable period of time, not exceeding thirty days, in which
to examine the item or statement of account and notify the
bank.
(e) If subsection (d) applies and the customer proves that
the bank failed to exercise ordinary care in paying the item
and that the failure substantially contributed to loss, the loss
is allocated between the customer precluded and the bank
asserting the preclusion according to the extent to which the
failure of the customer to comply with subsection (c) and the
failure of the bank to exercise ordinary care contributed to the
loss. If the customer proves that the bank did not pay the item
in good faith, the preclusion under subsection (d) does not
apply.
(f) Without regard to care or lack of care of either the
customer or the bank, a natural person whose account is primarily for personal, family, or household purposes who does
not within one year, and any other customer who does not
within sixty days, from the time the statement and items are
made available to the customer (subsection (a)) discover and
report the customer’s unauthorized signature or any alteration
on the face or back of the item or does not within one year
from that time discover and report any unauthorized indorsement is precluded from asserting against the bank such unauthorized signature or indorsement or such alteration. If there
is a preclusion under this subsection, the payor bank may not
recover for breach of warranty under RCW 62A.4-208 with
respect to the unauthorized signature or alteration to which
the preclusion applies. [1997 c 53 § 1; 1995 c 107 § 1; 1993
c 229 § 111; 1991 sp.s. c 19 § 1; 1967 c 114 § 1; 1965 ex.s. c
157 § 4-406. Cf. former RCW 30.16.020; 1955 c 33 §
30.16.020; prior: 1917 c 80 § 45; RRS § 3252.]
Effective date—1995 c 107: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 107 § 2.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
Emergency—Effective date—1967 c 114: "This 1967 amendatory act
is necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and sections 1 through 11 and 13 through 16 shall take effect on June
30, 1967, and section 12 shall take effect immediately." [1967 c 114 § 17.]
(2006 Ed.)
Funds Transfers
62A.4-407
62A.4-407 Payor bank’s right to subrogation on
improper payment. If a payor bank has paid an item over
the order of the drawer or maker to stop payment, or after an
account has been closed, or otherwise under circumstances
giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to
prevent loss to the bank by reason of its payment of the item,
the payor bank is subrogated to the rights:
(1) Of any holder in due course on the item against the
drawer or maker;
(2) Of the payee or any other holder of the item against
the drawer or maker either on the item or under the transaction out of which the item arose; and
(3) Of the drawer or maker against the payee or any other
holder of the item with respect to the transaction out of which
the item arose. [1993 c 229 § 112; 1965 ex.s. c 157 § 4-407.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
PART 5
COLLECTION OF DOCUMENTARY DRAFTS
62A.4-501
62A.4-501 Handling of documentary drafts; duty to
send for presentment and to notify customer of dishonor.
A bank that takes a documentary draft for collection shall
present or send the draft and accompanying documents for
presentment and, upon learning that the draft has not been
paid or accepted in due course, shall seasonably notify its
customer of the fact even though it may have discounted or
bought the draft or extended credit available for withdrawal
as of right. [1993 c 229 § 113; 1965 ex.s. c 157 § 4-501.]
Article 4A
sons therefor, and must request instructions. However, the
presenting bank is under no obligation with respect to goods
represented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instructions
and to prepayment of or indemnity for those expenses. [1993
c 229 § 115; 1965 ex.s. c 157 § 4-503. Cf. former RCW
62.01.131(3); 1955 c 35 § 62.01.131; prior: 1899 c 149 §
131; RRS § 3521.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-504
62A.4-504 Privilege of presenting bank to deal with
goods; security interest for expenses. (a) A presenting
bank that, following the dishonor of a documentary draft, has
seasonably requested instructions but does not receive them
within a reasonable time may store, sell, or otherwise deal
with the goods in any reasonable manner.
(b) For its reasonable expenses incurred by action under
subsection (a) the presenting bank has a lien upon the goods
or their proceeds, which may be foreclosed in the same manner as an unpaid seller’s lien. [1993 c 229 § 116; 1965 ex.s.
c 157 § 4-504.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
Article 4A
FUNDS TRANSFERS
Article 4A
Sections
PART 1
SUBJECT MATTER AND DEFINITIONS
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4-502
62A.4-502 Presentment of "on arrival" drafts. If a
draft or the relevant instructions require presentment "on
arrival", "when goods arrive" or the like, the collecting bank
need not present until in its judgment a reasonable time for
arrival of the goods has expired. Refusal to pay or accept
because the goods have not arrived is not dishonor; the bank
must notify its transferor of the refusal but need not present
the draft again until it is instructed to do so or learns of the
arrival of the goods. [1993 c 229 § 114; 1965 ex.s. c 157 § 4502.]
Recovery of attorneys’ fees—Effective date—1993 c 229: See RCW
62A.11-111 and 62A.11-112.
62A.4A-101
62A.4A-102
62A.4A-103
62A.4A-104
62A.4A-105
62A.4A-106
62A.4A-107
62A.4A-108
PART 2
ISSUE AND ACCEPTANCE OF PAYMENT ORDER
62A.4A-201
62A.4A-202
62A.4A-203
62A.4A-204
62A.4A-205
62A.4A-206
62A.4-503
62A.4-503 Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee
in case of need. Unless otherwise instructed and except as
provided in Article 5, a bank presenting a documentary draft:
(1) Must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after
presentment; otherwise, only on payment; and
(2) Upon dishonor, either in the case of presentment for
acceptance or presentment for payment, may seek and follow
instructions from any referee in case of need designated in the
draft or, if the presenting bank does not choose to utilize the
referee’s services, it must use diligence and good faith to
ascertain the reason for dishonor, must notify its transferor of
the dishonor and of the results of its effort to ascertain the rea(2006 Ed.)
Short title.
Subject matter.
Payment order—Definitions.
Funds transfer—Definitions.
Other definitions.
Time payment order is received.
Federal reserve regulations and operating circulars.
Exclusion of consumer transactions governed by federal law.
62A.4A-207
62A.4A-208
62A.4A-209
62A.4A-210
62A.4A-211
62A.4A-212
Security procedure.
Authorized and verified payment orders.
Unenforceability of certain verified payment orders.
Refund of payment and duty of customer to report with
respect unauthorized payment order.
Erroneous payment orders.
Transmission of payment order through funds-transfer or
other communication system.
Misdescription of beneficiary.
Misdescription of intermediary bank or beneficiary’s bank.
Acceptance of payment order.
Rejection of payment order.
Cancellation and amendment of payment order.
Liability and duty of receiving bank regarding unaccepted
payment order.
PART 3
EXECUTION OF SENDER’S PAYMENT ORDER
BY RECEIVING BANK
62A.4A-301
62A.4A-302
62A.4A-303
62A.4A-304
62A.4A-305
Execution and execution date.
Obligations of receiving bank in execution of payment order.
Erroneous execution of payment order.
Duty of sender to report erroneously executed payment order.
Liability for late or improper execution or failure to execute
payment order.
[Title 62A RCW—page 77]
62A.4A-101
Title 62A RCW: Uniform Commercial Code
PART 4
PAYMENT
62A.4A-401
62A.4A-402
62A.4A-403
62A.4A-404
62A.4A-405
62A.4A-406
Payment date.
Obligation of sender to pay receiving bank.
Payment by sender to receiving bank.
Obligation of beneficiary’s bank to pay and give notice to
beneficiary.
Payment by beneficiary’s bank to beneficiary.
Payment by originator to beneficiary; discharge of underlying obligation.
PART 5
MISCELLANEOUS PROVISIONS
62A.4A-501
62A.4A-502
62A.4A-503
62A.4A-504
62A.4A-505
62A.4A-506
62A.4A-507
Variation by agreement and effect of funds-transfer system
rule.
Creditor process served on receiving bank; setoff by beneficiary’s bank.
Injunction or restraining order with respect to funds transfer.
Order in which items and payment orders may be charged to
account; order of withdrawals from account.
Preclusion of objection to debit of customer’s account.
Rate of interest.
Choice of law.
Reviser’s note: Powers, duties, and functions of the department of general administration relating to financial institutions were transferred to the
department of financial institutions by 1993 c 472, effective October 1, 1993.
See RCW 43.320.011.
PART 1
SUBJECT MATTER AND DEFINITIONS
62A.4A-101
62A.4A-101 Short title. This Article may be cited as
the Uniform Commercial Code—Funds Transfers. [1991
sp.s. c 21 § 4A-101.]
62A.4A-102
62A.4A-102 Subject matter. Except as otherwise provided in RCW 62A.4A-108 this Article applies to funds
transfers defined in RCW 62A.4A-104. [1991 sp.s. c 21 §
4A-102.]
62A.4A-103
62A.4A-103 Payment order—Definitions. (1) In this
Article:
(a) "Payment order" means an instruction of a sender to
a receiving bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if:
(i) The instruction does not state a condition of payment
to the beneficiary other than time of payment;
(ii) The receiving bank is to be reimbursed by debiting
an account of, or otherwise receiving payment from, the
sender; and
(iii) The instruction is transmitted by the sender directly
to the receiving bank or to an agent, funds-transfer system, or
communication system for transmittal to the receiving bank.
(b) "Beneficiary" means the person to be paid by the beneficiary’s bank.
(c) "Beneficiary’s bank" means the bank identified in a
payment order in which an account of the beneficiary is to be
credited pursuant to the order or which otherwise is to make
payment to the beneficiary if the order does not provide for
payment to an account.
(d) "Receiving bank" means the bank to which the
sender’s instruction is addressed.
(e) "Sender" means the person giving the instruction to
the receiving bank.
[Title 62A RCW—page 78]
(2) If an instruction complying with subsection (1)(a) of
this section is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect
to each payment.
(3) A payment order is issued when it is sent to the
receiving bank. [1991 sp.s. c 21 § 4A-103.]
62A.4A-104
62A.4A-104 Funds transfer—Definitions. In this
Article:
(1) "Funds transfer" means the series of transactions,
beginning with the originator’s payment order, made for the
purpose of making payment to the beneficiary of the order.
The term includes any payment order issued by the originator’s bank or an intermediary bank intended to carry out the
originator’s payment order. A funds transfer is completed by
acceptance by the beneficiary’s bank of a payment order for
the benefit of the beneficiary of the originator’s payment
order.
(2) "Intermediary bank" means a receiving bank other
than the originator’s bank or the beneficiary’s bank.
(3) "Originator" means the sender of the first payment
order in a funds transfer.
(4) "Originator’s bank" means (a) the receiving bank to
which the payment order of the originator is issued if the
originator is not a bank, or (b) the originator if the originator
is a bank. [1991 sp.s. c 21 § 4A-104.]
62A.4A-105
62A.4A-105 Other definitions. (1) In this Article:
(a) "Authorized account" means a deposit account of a
customer in a bank designated by the customer as a source of
payment orders issued by the customer to the bank. If a customer does not so designate an account, any account of the
customer is an authorized account if payment of a payment
order from that account is not inconsistent with a restriction
on the use of the account.
(b) "Bank" means a person engaged in the business of
banking and includes a savings bank, savings and loan association, credit union, and trust company. A branch or separate
office of a bank is a separate bank for purposes of this Article.
(c) "Customer" means a person, including a bank, having
an account with a bank or from whom a bank has agreed to
receive payment orders.
(d) "Funds-transfer business day" of a receiving bank
means the part of a day during which the receiving bank is
open for the receipt, processing, and transmittal of payment
orders and cancellations and amendments of payment orders.
(e) "Funds-transfer system" means a wire transfer network, automated clearing house, or other communication
system of a clearing house or other association of banks
through which a payment order by a bank may be transmitted
to the bank to which the order is addressed.
(f) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(g) "Prove" with respect to a fact means to meet the burden of establishing the fact (RCW 62A.1-201(8)).
(2) Other definitions applying to this Article and the sections in which they appear are:
"Acceptance"
RCW 62A.4A-209
"Beneficiary"
RCW 62A.4A-103
"Beneficiary’s bank"
RCW 62A.4A-103
(2006 Ed.)
Funds Transfers
"Executed"
RCW 62A.4A-301
"Execution date"
RCW 62A.4A-301
"Funds transfer"
RCW 62A.4A-104
"Funds-transfer system rule"
RCW 62A.4A-501
"Intermediary bank"
RCW 62A.4A-104
"Originator"
RCW 62A.4A-104
"Originator’s bank"
RCW 62A.4A-104
"Payment by beneficiary’s bank
to beneficiary"
RCW 62A.4A-405
"Payment by originator to beneficiary"
RCW 62A.4A-406
"Payment by sender to receiving bank"
RCW 62A.4A-403
"Payment date"
RCW 62A.4A-401
"Payment order"
RCW 62A.4A-103
"Receiving bank"
RCW 62A.4A-103
"Security procedure"
RCW 62A.4A-201
"Sender"
RCW 62A.4A-103
(3) The following definitions in Article 4 (RCW
62A.4-101 through 62A.4-504) apply to this Article:
"Clearing house"
*section 4-104 of this act
"Item"
*section 4-104 of this act
"Suspends payments"
*section 4-104 of this act
(4) In addition to Article 1 [In addition, Article 1] (RCW
62A.1-101 through 62A.1-208) contains general definitions
and principles of construction and interpretation applicable
throughout this Article. [1991 sp.s. c 21 § 4A-105.]
*Reviser’s note: The references to "section 4-104 of this act" are incorrect. RCW 62A.4-104 was apparently intended.
62A.4A-106
62A.4A-106 Time payment order is received. (1) The
time of receipt of a payment order or communication canceling or amending a payment order is determined by the rules
applicable to receipt of a notice stated in RCW
62A.1-201(27). A receiving bank may fix a cut-off time or
times on a funds-transfer business day for the receipt and processing of payment orders and communications canceling or
amending payment orders. Different cut-off times may apply
to payment orders, cancellations, or amendments, or to different categories of payment orders, cancellations, or amendments. A cut-off time may apply to senders generally or different cut-off times may apply to different senders or categories of payment orders. If a payment order or communication
canceling or amending a payment order is received after the
close of a funds-transfer business day or after the appropriate
cut-off time on a funds-transfer business day, the receiving
bank may treat the payment order or communication as
received at the opening of the next funds-transfer business
day.
(2) If this Article refers to an execution date or payment
date or states a day on which a receiving bank is required to
take action, and the date or day does not fall on a funds-transfer business day, the next day that is a funds-transfer business
day is treated as the date or day stated, unless the contrary is
stated in this Article. [1991 sp.s. c 21 § 4A-106.]
62A.4A-107
62A.4A-107 Federal reserve regulations and operating circulars. Regulations of the board of governors of the
federal reserve system and operating circulars of the federal
reserve banks supersede any inconsistent provision of this
(2006 Ed.)
62A.4A-202
Article to the extent of the inconsistency. [1991 sp.s. c 21 §
4A-107.]
62A.4A-108
62A.4A-108 Exclusion of consumer transactions governed by federal law. This Article does not apply to a funds
transfer any part of which is governed by the Electronic Fund
Transfer Act of 1978 (Title XX, P.L. 95-630, 92 Stat. 3728,
15 U.S.C. Sec. 1693 et seq.) as amended from time to time.
[1991 sp.s. c 21 § 4A-108.]
PART 2
ISSUE AND ACCEPTANCE OF PAYMENT ORDER
62A.4A-201
62A.4A-201 Security procedure. "Security procedure" means a procedure established by agreement of a customer and a receiving bank for the purpose of (1) verifying
that a payment order or communication amending or canceling a payment order is that of the customer, or (2) detecting
error in the transmission or the content of the payment order
or communication. A security procedure may require the use
of algorithms or other codes, identifying words or numbers,
encryption, callback procedures, or similar security devices.
Comparison of a signature on a payment order or communication with an authorized specimen signature of the customer
is not by itself a security procedure. [1991 sp.s. c 21 §
4A-201.]
62A.4A-202
62A.4A-202 Authorized and verified payment
orders. (1) A payment order received by the receiving bank
is the authorized order of the person identified as sender if
that person authorized the order or is otherwise bound by it
under the law of agency.
(2) If a bank and its customer have agreed that the
authenticity of payment orders issued to the bank in the name
of the customer as sender will be verified pursuant to a security procedure, a payment order received by the receiving
bank is effective as the order of the customer, whether or not
authorized, if (a) the security procedure is a commercially
reasonable method of providing security against unauthorized payment orders, and (b) the bank proves that it accepted
the payment order in good faith and in compliance with the
security procedure and any written agreement or instruction
of the customer restricting acceptance of payment orders
issued in the name of the customer. The bank is not required
to follow an instruction that violates a written agreement with
the customer or notice of which is not received at a time and
in a manner affording the bank a reasonable opportunity to
act on it before the payment order is accepted.
(3) Commercial reasonableness of a security procedure
is a question of law to be determined by considering the
wishes of the customer expressed to the bank, the circumstances of the customer known to the bank, including the size,
type, and frequency of payment orders normally issued by the
customer to the bank, alternative security procedures offered
to the customer, and security procedures in general use by
customers and receiving banks similarly situated. A security
procedure is deemed to be commercially reasonable if (a) the
security procedure was chosen [by] the customer after the
bank offered, and the customer refused, a security procedure
that was commercially reasonable for that customer, and (b)
[Title 62A RCW—page 79]
62A.4A-203
Title 62A RCW: Uniform Commercial Code
the customer expressly agreed in writing to be bound by any
payment order, whether or not authorized, issued in its name,
and accepted by the bank in compliance with the security procedure chosen by the customer.
(4) The term "sender" in this Article includes the customer in whose name a payment order is issued if the order is
the authorized order of the customer under subsection (1) of
this section, or it is effective as the order of the customer
under subsection (2) of this section.
(5) This section applies to amendments and cancellations
of payment orders to the same extent it applies to payment
orders.
(6) Except as provided in this section and RCW
62A.4A-203(1)(a), rights and obligations arising under this
section or RCW 62A.4A-203 may not be varied by agreement. [1991 sp.s. c 21 § 4A-202.]
62A.4A-203
62A.4A-203 Unenforceability of certain verified payment orders. (1) If an accepted payment order is not, under
RCW 62A.4A-201(1), an authorized order of a customer
identified as sender, but is effective as an order of the customer pursuant to RCW 62A.4A-202(2), the following rules
apply.
(a) By express written agreement, the receiving bank
may limit the extent to which it is entitled to enforce or retain
payment of the payment order.
(b) The receiving bank is not entitled to enforce or retain
payment of the payment order if the customer proves that the
order was not caused, directly or indirectly, by a person (i)
entrusted at any time with duties to act for the customer with
respect to payment orders or the security procedure, or (ii)
who obtained access to transmitting facilities of the customer
or who obtained, from a source controlled by the customer
and without authority of the receiving bank, information
facilitating breach of the security procedure, regardless of
how the information was obtained or whether the customer
was at fault. Information includes any access device, computer software, or the like.
(2) This section applies to amendments of payment
orders to the same extent it applies to payment orders. [1991
sp.s. c 21 § 4A-203.]
62A.4A-204
62A.4A-204 Refund of payment and duty of customer to report with respect unauthorized payment
order. (1) If a receiving bank accepts a payment order issued
in the name of its customer as sender which is (a) not authorized and not effective as the order of the customer under
RCW 62A.4A-202, or (b) not enforceable, in whole or in
part, against the customer under RCW 62A.4A-203, the bank
shall refund any payment of the payment order received from
the customer to the extent the bank is not entitled to enforce
payment and shall pay interest on the refundable amount calculated from the date the bank received payment to the date
of the refund. However, the customer is not entitled to interest from the bank on the amount to be refunded if the customer fails to exercise ordinary care to determine that the
order was not authorized by the customer and to notify the
bank of the relevant facts within a reasonable time not
exceeding ninety days after the date the customer received
notification from the bank that the order was accepted or that
[Title 62A RCW—page 80]
the customer’s account was debited with respect to the order.
The bank is not entitled to any recovery from the customer on
account of a failure by the customer to give notification as
stated in this section.
(2) Reasonable time under subsection (1) of this section
may be fixed by agreement as stated in RCW 62A.1-204(1),
but the obligation of a receiving bank to refund payment as
stated in subsection (1) may not otherwise be varied by agreement. [1991 sp.s. c 21 § 4A-204.]
62A.4A-205
62A.4A-205 Erroneous payment orders. (1) If an
accepted payment order was transmitted pursuant to a security procedure for the detection of error and the payment
order (a) erroneously instructed payment to a beneficiary not
intended by the sender, (b) erroneously instructed payment in
an amount greater than the amount intended by the sender, or
(c) was an erroneously transmitted duplicate of a payment
order previously sent by the sender, the following rules
apply:
(i) If the sender proves that the sender or a person acting
on behalf of the sender pursuant to RCW 62A.4A-206 complied with the security procedure and that the error would
have been detected if the receiving bank had also complied,
the sender is not obliged to pay the order to the extent stated
in (ii) and (iii) of this subsection.
(ii) If the funds transfer is completed on the basis of an
erroneous payment order described in (b) or (c) of this subsection, the sender is not obliged to pay the order and the
receiving bank is entitled to recover from the beneficiary any
amount paid to the beneficiary to the extent allowed by the
law governing mistake and restitution.
(iii) If the funds transfer is completed on the basis of a
payment order described in (b) of this subsection, the sender
is not obliged to pay the order to the extent the amount
received by the beneficiary is greater than the amount
intended by the sender. In that case, the receiving bank is
entitled to recover from the beneficiary the excess amount
received to the extent allowed by the law governing mistake
and restitution.
(2) If (a) the sender of an erroneous payment order
described in subsection (1) of this section is not obliged to
pay all or part of the order, and (b) the sender receives notification from the receiving bank that the order was accepted by
the bank or that the sender’s account was debited with respect
to the order, the sender has a duty to exercise ordinary care,
on the basis of information available to the sender, to discover the error with respect to the order and to advise the
bank of the relevant facts within a reasonable time, not
exceeding ninety days, after the bank’s notification was
received by the sender. If the bank proves that the sender
failed to perform that duty, the sender is liable to the bank for
the loss the bank proves it incurred as a result of the failure,
but the liability of the sender may not exceed the amount of
the sender’s order.
(3) This section applies to amendments to payment
orders to the same extent it applies to payment orders. [1991
sp.s. c 21 § 4A-205.]
62A.4A-206
62A.4A-206 Transmission of payment order through
funds-transfer or other communication system. (1) If a
(2006 Ed.)
Funds Transfers
payment order addressed to a receiving bank is transmitted to
a funds-transfer system or other third-party communication
system for transmittal to the bank, the system is deemed to be
an agent of the sender for the purpose of transmitting the payment order to the bank. If there is a discrepancy between the
terms of the payment order transmitted to the system and the
terms of the payment order transmitted by the system to the
bank, the terms of the payment order of the sender are those
transmitted by the system. This section does not apply to a
funds-transfer system of the federal reserve banks.
(2) This section applies to cancellations and amendments
of payment orders to the same extent it applies to payment
orders. [1991 sp.s. c 21 § 4A-206.]
62A.4A-207 Misdescription of beneficiary. (1) Subject to subsection (2) of this section, if, in a payment order
received by the beneficiary’s bank, the name, bank account
number, or other identification of the beneficiary refers to a
nonexistent or unidentifiable person or account, no person
has rights as a beneficiary of the order and acceptance of the
order cannot occur.
(2) If a payment order received by the beneficiary’s bank
identifies the beneficiary both by name and by an identifying
or bank account number and the name and number identify
different persons, the following rules apply:
(a) Except as otherwise provided in subsection (3) of this
section, if the beneficiary’s bank does not know that the name
and number refer to different persons, it may rely on the number as the proper identification of the beneficiary of the order.
The beneficiary’s bank need not determine whether the name
and number refer to the same person.
(b) If the beneficiary’s bank pays the person identified
by name or knows that the name and number identify different persons, no person has rights as beneficiary except the
person paid by the beneficiary’s bank if that person was entitled to receive payment from the originator of the funds transfer. If no person has rights as beneficiary, acceptance of the
order cannot occur.
(3) If (a) a payment order described in subsection (2) of
this section is accepted, (b) the originator’s payment order
described the beneficiary inconsistently by name and number, and (c) the beneficiary’s bank pays the person identified
by number as permitted by subsection (2)(a) of this section,
the following rules apply:
(i) If the originator is a bank, the originator is obliged to
pay its order.
(ii) If the originator is not a bank and proves that the person identified by number was not entitled to receive payment
from the originator, the originator is not obliged to pay its
order unless the originator’s bank proves that the originator,
before acceptance of the originator’s order, had notice that
payment of a payment order issued by the originator might be
made by the beneficiary’s bank on the basis of an identifying
or bank account number even if it identifies a person different
from the named beneficiary. Proof of notice may be made by
any admissible evidence. The originator’s bank satisfies the
burden of proof if it proves that the originator, before the payment order was accepted, signed a writing stating the information to which the notice relates.
(4) In a case governed by subsection (2)(a) of this section, if the beneficiary’s bank rightfully pays the person iden62A.4A-207
(2006 Ed.)
62A.4A-208
tified by number and that person was not entitled to receive
payment from the originator, the amount paid may be recovered from that person to the extent allowed by the law governing mistake and restitution as follows:
(a) If the originator is obliged to pay its payment order as
stated in subsection (3) of this section, the originator has the
right to recover.
(b) If the originator is not a bank and is not obliged to pay
its payment order, the originator’s bank has the right to
recover. [1991 sp.s. c 21 § 4A-207.]
62A.4A-208 Misdescription of intermediary bank or
beneficiary’s bank. (1) This subsection applies to a payment order identifying an intermediary bank or the beneficiary’s bank only by an identifying number.
(a) The receiving bank may rely on the number as the
proper identification of the intermediary or beneficiary’s
bank and need not determine whether the number identifies a
bank.
(b) The sender is obliged to compensate the receiving
bank for any loss and expenses incurred by the receiving
bank as a result of its reliance on the number in executing or
attempting to execute the order.
(2) This subsection applies to a payment order identifying an intermediary bank or the beneficiary’s bank both by
name and an identifying number if the name and number
identify different persons.
(a) If the sender is a bank, the receiving bank may rely on
the number as the proper identification of the intermediary or
beneficiary’s bank if the receiving bank, when it executes the
sender’s order, does not know that the name and number
identify different persons. The receiving bank need not determine whether the name and number refer to the same person
or whether the number refers to a bank. The sender is obliged
to compensate the receiving bank for any loss and expenses
incurred by the receiving bank as a result of its reliance on the
number in executing or attempting to execute the order.
(b) If the sender is not a bank and the receiving bank
proves that the sender, before the payment order was
accepted, had notice that the receiving bank might rely on the
number as the proper identification of the intermediary or
beneficiary’s bank even if it identifies a person different from
the bank identified by name, the rights and obligations of the
sender and the receiving bank are governed by subsection
(2)(a) of this section, as though the sender were a bank. Proof
of notice may be made by any admissible evidence. The
receiving bank satisfies the burden of proof if it proves that
the sender, before the payment order was accepted, signed a
writing stating the information to which the notice relates.
(c) Regardless of whether the sender is a bank, the
receiving bank may rely on the name as the proper identification of the intermediary or beneficiary’s bank if the receiving
bank, at the time it executes the sender’s order, does not
know that the name and number identify different persons.
The receiving bank need not determine whether the name and
number refer to the same person.
(d) If the receiving bank knows that the name and number identify different persons, reliance on either the name or
the number in executing the sender’s payment order is a
breach of the obligation stated in RCW 62A.4A-302(1)(a).
[1991 sp.s. c 21 § 4A-208.]
62A.4A-208
[Title 62A RCW—page 81]
62A.4A-209
Title 62A RCW: Uniform Commercial Code
62A.4A-209
62A.4A-209 Acceptance of payment order. (1) Subject to subsection (4) of this section, a receiving bank other
than the beneficiary’s bank accepts a payment order when it
executes the order.
(2) Subject to subsections (3) and (4) of this section, a
beneficiary’s bank accepts a payment order at the earliest of
the following times:
(a) When the bank (i) pays the beneficiary as stated in
RCW 62A.4A-405 (1) or (2) or (ii) notifies the beneficiary of
receipt of the order or that the account of the beneficiary has
been credited with respect to the order unless the notice indicates that the bank is rejecting the order or that funds with
respect to the order may not be withdrawn or used until
receipt of payment from the sender of the order;
(b) When the bank receives payment of the entire
amount of the sender’s order pursuant to RCW
62A.4A-403(1) (a) or (b); or
(c) The opening of the next funds-transfer business day
of the bank following the payment date of the order if, at that
time, the amount of the sender’s order is fully covered by a
withdrawable credit balance in an authorized account of the
sender or the bank has otherwise received full payment from
the sender, unless the order was rejected before that time or is
rejected within (i) one hour after that time, or (ii) one hour
after the opening of the next business day of the sender following the payment date if that time is later. If notice of rejection is received by the sender after the payment date and the
authorized account of the sender does not bear interest, the
bank is obliged to pay interest to the sender on the amount of
the order for the number of days elapsing after the payment
date to the day the sender receives notice or learns that the
order was not accepted, counting that day as an elapsed day.
If the withdrawable credit balance during that period falls
below the amount of the order, the amount of interest payable
is reduced accordingly.
(3) Acceptance of a payment order cannot occur before
the order is received by the receiving bank. Acceptance does
not occur under subsection (2)(b) or (c) of this section if the
beneficiary of the payment order does not have an account
with the receiving bank, the account has been closed, or the
receiving bank is not permitted by law to receive credits for
the beneficiary’s account.
(4) A payment order issued to the originator’s bank cannot be accepted until the payment date if the bank is the beneficiary’s bank, or the execution date if the bank is not the
beneficiary’s bank. If the originator’s bank executes the originator’s payment order before the execution date or pays the
beneficiary of the originator’s payment order before the payment date and the payment order is subsequently canceled
pursuant to RCW 62A.4A-211(2), the bank may recover
from the beneficiary any payment received to the extent
allowed by the law governing mistake and restitution. [1991
sp.s. c 21 § 4A-209.]
62A.4A-210
62A.4A-210 Rejection of payment order. (1) A payment order is rejected by the receiving bank by a notice of
rejection transmitted to the sender orally, electronically, or in
writing. A notice of rejection need not use any particular
words and is sufficient if it indicates that the receiving bank
is rejecting the order or will not execute or pay the order.
Rejection is effective when the notice is given if transmission
[Title 62A RCW—page 82]
is by a means that is reasonable in the circumstances. If notice
of rejection is given by a means that is not reasonable, rejection is effective when the notice is received. If an agreement
of the sender and receiving bank establishes the means to be
used to reject a payment order, (a) any means complying with
the agreement is reasonable and (b) any means not complying
is not reasonable unless no significant delay in receipt of the
notice resulted from the use of the noncomplying means.
(2) This subsection applies if a receiving bank other than
the beneficiary’s bank fails to execute a payment order
despite the existence on the execution date of a withdrawable
credit balance in an authorized account of the sender sufficient to cover the order. If the sender does not receive notice
of rejection of the order on the execution date and the authorized account of the sender does not bear interest, the bank is
obliged to pay interest to the sender on the amount of the
order for the number of days elapsing after the execution date
to the earlier of the day the order is canceled pursuant to
RCW 62A.4A-211(4) or the day the sender receives notice or
learns that the order was not executed, counting the final day
of the period as an elapsed day. If the withdrawable credit
balance during that period falls below the amount of the
order, the amount of interest is reduced accordingly.
(3) If a receiving bank suspends payments, all unaccepted payment orders issued to it are deemed rejected at the
time the bank suspends payments.
(4) Acceptance of a payment order precludes a later
rejection of the order. Rejection of a payment order precludes
a later acceptance of the order. [1991 sp.s. c 21 § 4A-210.]
62A.4A-211 Cancellation and amendment of payment order. (1) A communication of the sender of a payment order canceling or amending the order may be transmitted to the receiving bank orally, electronically, or in writing.
If a security procedure is in effect between the sender and the
receiving bank, the communication is not effective to cancel
or amend the order unless the communication is verified pursuant to the security procedure or the bank agrees to the cancellation or amendment.
(2) Subject to subsection (1) of this section, a communication by the sender canceling or amending a payment order
is effective to cancel or amend the order if notice of the communication is received at a time and in a manner affording the
receiving bank a reasonable opportunity to act on the communication before the bank accepts the payment order.
(3) After a payment order has been accepted, cancellation or amendment of the order is not effective unless the
receiving bank agrees or a funds-transfer system rule allows
cancellation or amendment without agreement of the bank.
(a) With respect to a payment order accepted by a receiving bank other than the beneficiary’s bank, cancellation or
amendment is not effective unless a conforming cancellation
or amendment of the payment order issued by the receiving
bank is also made.
(b) With respect to a payment order accepted by the beneficiary’s bank, cancellation or amendment is not effective
unless the order was issued in execution of an unauthorized
payment order, or because of a mistake by a sender in the
funds transfer which resulted in the issuance of a payment
order (i) that is a duplicate of a payment order previously
issued by the sender, (ii) that orders payment to a beneficiary
62A.4A-211
(2006 Ed.)
Funds Transfers
not entitled to receive payment from the originator, or (iii)
that orders payment in an amount greater than the amount the
beneficiary was entitled to receive from the originator. If the
payment order is canceled or amended, the beneficiary’s
bank is entitled to recover from the beneficiary any amount
paid to the beneficiary to the extent allowed by the law governing mistake and restitution.
(4) An unaccepted payment order is canceled by operation of law at the close of the fifth funds-transfer business day
of the receiving bank after the execution date or payment date
of the order.
(5) A canceled payment order cannot be accepted. If an
accepted payment order is canceled, the acceptance is nullified and no person has any right or obligation based on the
acceptance. Amendment of a payment order is deemed to be
cancellation of the original order at the time of amendment
and issue of a new payment order in the amended form at the
same time.
(6) Unless otherwise provided in an agreement of the
parties or in a funds-transfer system rule, if the receiving
bank, after accepting a payment order, agrees to cancellation
or amendment of the order by the sender or is bound by a
funds-transfer system rule allowing cancellation or amendment without the bank’s agreement, the sender, whether or
not cancellation or amendment is effective, is liable to the
bank for any loss and expenses, including reasonable attorneys’ fees, incurred by the bank as a result of the cancellation
or amendment or attempted cancellation or amendment.
(7) A payment order is not revoked by the death or legal
incapacity of the sender unless the receiving bank knows of
the death or of an adjudication of incapacity by a court of
competent jurisdiction and has reasonable opportunity to act
before acceptance of the order.
(8) A funds-transfer system rule is not effective to the
extent it conflicts with subsection (3)(b) of this section.
[1991 sp.s. c 21 § 4A-211.]
62A.4A-212 Liability and duty of receiving bank
regarding unaccepted payment order. If a receiving bank
fails to accept a payment order that [it] is obliged by express
agreement to accept, the bank is liable for breach of the
agreement to the extent provided in the agreement or in this
Article, but does not otherwise have any duty to accept a payment order or, before acceptance, to take any action, or
refrain from taking action, with respect to the order except as
provided in this Article or by express agreement. Liability
based on acceptance arises only when acceptance occurs as
stated in RCW 62A.4A-209 and liability is limited to that
provided in this Article. A receiving bank is not the agent of
the sender or beneficiary of the payment order it accepts, or
of any other party to the funds transfer, and the bank owes no
duty to any party to the funds transfer except as provided in
this Article or by express agreement. [1991 sp.s. c 21 §
4A-212.]
62A.4A-212
PART 3
EXECUTION OF SENDER’S PAYMENT ORDER BY
RECEIVING BANK
62A.4A-301 Execution and execution date. (1) A payment order is "executed" by the receiving bank when it issues
62A.4A-301
(2006 Ed.)
62A.4A-302
a payment order intended to carry out the payment order
received by the bank. A payment order received by the beneficiary’s bank can be accepted but cannot be executed.
(2) "Execution date" of a payment order means the day
on which the receiving bank may properly issue a payment
order in execution of the sender’s order. The execution date
may be determined by instruction of the sender but cannot be
earlier than the day the order is received and, unless otherwise determined, is the day the order is received. If the
sender’s instruction states a payment date, the execution date
is the payment date or an earlier date on which execution is
reasonably necessary to allow payment to the beneficiary on
the payment date. [1991 sp.s. c 21 § 4A-301.]
62A.4A-302 Obligations of receiving bank in execution of payment order. (1) Except as provided in subsections (2) through (4) of this section, if the receiving bank
accepts a payment order pursuant to RCW 62A.4A-209(1),
the bank has the following obligations in executing the order.
(a) The receiving bank is obliged to issue, on the execution date, a payment order complying with the sender’s order
and to follow the sender’s instructions concerning (i) any
intermediary bank or funds-transfer system to be used in carrying out the funds transfer, or (ii) the means by which payment orders are to be transmitted in the funds transfer. If the
originator’s bank issues a payment order to an intermediary
bank, the originator’s bank is obliged to instruct the intermediary bank according to the instruction of the originator. An
intermediary bank in the funds transfer is similarly bound by
an instruction given to it by the sender of the payment order
it accepts.
(b) If the sender’s instruction states that the funds transfer is to be carried out telephonically or by wire transfer or
otherwise indicates that the funds transfer is to be carried out
by the most expeditious means, the receiving bank is obliged
to transmit its payment order by the most expeditious available means, and to instruct any intermediary bank accordingly. If a sender’s instruction states a payment date, the
receiving bank is obliged to transmit its payment order at a
time and by means reasonably necessary to allow payment to
the beneficiary on the payment date or as soon thereafter as is
feasible.
(2) Unless otherwise instructed, a receiving bank executing a payment order may (a) use any funds-transfer system if
use of that system is reasonable in the circumstances, and (b)
issue a payment order to the beneficiary’s bank or to an intermediary bank through which a payment order conforming to
the sender’s order can expeditiously be issued to the beneficiary’s bank if the receiving bank exercises ordinary care in
the selection of the intermediary bank. A receiving bank is
not required to follow an instruction of the sender designating
a funds-transfer system to be used in carrying out the funds
transfer if the receiving bank, in good faith, determines that it
is not feasible to follow the instruction or that following the
instruction would unduly delay completion of the funds
transfer.
(3) Unless subsection (1)(b) of this section applies or the
receiving bank is otherwise instructed, the bank may execute
a payment order by transmitting its payment order by first
class mail or by any means reasonable in the circumstances.
If the receiving bank is instructed to execute the sender’s
62A.4A-302
[Title 62A RCW—page 83]
62A.4A-303
Title 62A RCW: Uniform Commercial Code
order by transmitting its payment order by a particular means,
the receiving bank may issue its payment order by the means
stated or by any means as expeditious as the means stated.
(4) Unless instructed by the sender, (a) the receiving
bank may not obtain payment of its charges for services and
expenses in connection with the execution of the sender’s
order by issuing a payment order in an amount equal to the
amount of the sender’s order less the amount of the charges,
and (b) may not instruct a subsequent receiving bank to
obtain payment of its charges in the same manner. [1991
sp.s. c 21 § 4A-302.]
62A.4A-303
62A.4A-303 Erroneous execution of payment order.
(1) A receiving bank that (a) executes the payment order of
the sender by issuing a payment order in an amount greater
than the amount of the sender’s order, or (b) issues a payment
order in execution of the sender’s order and then issues a
duplicate order, is entitled to payment of the amount of the
sender’s order under RCW 62A.4A-402(3) if that subsection
is otherwise satisfied. The bank is entitled to recover from the
beneficiary of the erroneous order the excess payment
received to the extent allowed by the law governing mistake
and restitution.
(2) A receiving bank that executes the payment order of
the sender by issuing a payment order in an amount less than
the amount of the sender’s order is entitled to payment of the
amount of the sender’s order under RCW 62A.4A-402(3) if
(a) that subsection is otherwise satisfied and (b) the bank corrects its mistake by issuing an additional payment order for
the benefit of the beneficiary of the sender’s order. If the error
is not corrected, the issuer of the erroneous order is entitled to
receive or retain payment from the sender of the order it
accepted only to the extent of the amount of the erroneous
order. This subsection does not apply if the receiving bank
executes the sender’s payment order by issuing a payment
order in an amount less than the amount of the sender’s order
for the purpose of obtaining payment of its charges for services and expenses pursuant to instruction of the sender.
(3) If a receiving bank executes the payment order of the
sender by issuing a payment order to a beneficiary different
from the beneficiary of the sender’s order and the funds transfer is completed on the basis of that error, the sender of the
payment order that was erroneously executed and all previous senders in the funds transfer are not obliged to pay the
payment orders they issued. The issuer of the erroneous order
is entitled to recover from the beneficiary of the order the
payment received to the extent allowed by the law governing
mistake and restitution. [1991 sp.s. c 21 § 4A-303.]
62A.4A-304
62A.4A-304 Duty of sender to report erroneously
executed payment order. If the sender of a payment order
that is erroneously executed as stated in RCW 62A.4A-303
receives notification from the receiving bank that the order
was executed or that the sender’s account was debited with
respect to the order, the sender has a duty to exercise ordinary
care to determine, on the basis of information available to the
sender, that the order was erroneously executed and to notify
the bank of the relevant facts within a reasonable time not
exceeding ninety days after the notification from the bank
was received by the sender. If the sender fails to perform that
[Title 62A RCW—page 84]
duty, the bank is not obliged to pay interest on any amount
refundable to the sender under RCW 62A.4A-402(4) for the
period before the bank learns of the execution error. The bank
is not entitled to any recovery from the sender on account of
a failure by the sender to perform the duty stated in this section. [1991 sp.s. c 21 § 4A-304.]
62A.4A-305
62A.4A-305 Liability for late or improper execution
or failure to execute payment order. (1) If a funds transfer
is completed but execution of a payment order by the receiving bank in breach of RCW 62A.4A-302 results in delay in
payment to the beneficiary, the bank is obliged to pay interest
to either the originator or the beneficiary of the funds transfer
for the period of delay caused by the improper execution.
Except as provided in subsection (3) of this section, additional damages are not recoverable.
(2) If execution of a payment order by a receiving bank
in breach of RCW 62A.4A-302 results in (a) noncompletion
of the funds transfer, (b) failure to use an intermediary bank
designated by the originator, or (c) issuance of a payment
order that does not comply with the terms of the payment
order of the originator, the bank is liable to the originator for
its expenses in the funds transfer and for incidental expenses
and interest losses, to the extent not covered by subsection (1)
of this section, resulting from the improper execution. Except
as provided in subsection (3) of this section, additional damages are not recoverable.
(3) In addition to the amounts payable under subsections
(1) and (2) of this section, damages, including consequential
damages, are recoverable to the extent provided in an express
written agreement of the receiving bank.
(4) If a receiving bank fails to execute a payment order it
was obliged by express agreement to execute, the receiving
bank is liable to the sender for its expenses in the transaction
and for incidental expenses and interest losses resulting from
the failure to execute. Additional damages, including consequential damages, are recoverable to the extent provided in
an express written agreement of the receiving bank, but are
not otherwise recoverable.
(5) Reasonable attorneys’ fees are recoverable if demand
for compensation under subsection (1) or (2) of this section is
made and refused before an action is brought on the claim. If
a claim is made for breach of an agreement under subsection
(4) of this section and the agreement does not provide for
damages, reasonable attorneys’ fees are recoverable if
demand for compensation under subsection (4) of this section
is made and refused before an action is brought on the claim.
(6) Except as stated in this section, the liability of a
receiving bank under subsections (1) and (2) of this section
may not be varied by agreement. [1991 sp.s. c 21 § 4A-305.]
PART 4
PAYMENT
62A.4A-401
62A.4A-401 Payment date. "Payment date" of a payment order means the day on which the amount of the order
is payable to the beneficiary by the beneficiary’s bank. The
payment date may be determined by instruction of the sender
but cannot be earlier than the day the order is received by the
beneficiary’s bank and, unless otherwise determined, is the
(2006 Ed.)
Funds Transfers
day the order is received by the beneficiary’s bank. [1991
sp.s. c 21 § 4A-401.]
62A.4A-402
62A.4A-402 Obligation of sender to pay receiving
bank. (1) This section is subject to RCW 62A.4A-205 and
62A.4A-207.
(2) With respect to a payment order issued to the beneficiary’s bank, acceptance of the order by the bank obliges the
sender to pay the bank the amount of the order, but payment
is not due until the payment date of the order.
(3) This subsection is subject to subsection (5) of this
section and to RCW 62A.4A-303. With respect to a payment
order issued to a receiving bank other than the beneficiary’s
bank, acceptance of the order by the receiving bank obliges
the sender to pay the bank the amount of the sender’s order.
Payment by the sender is not due until the execution date of
the sender’s order. The obligation of that sender to pay its
payment order is excused if the funds transfer is not completed by acceptance by the beneficiary’s bank of a payment
order instructing payment to the beneficiary of that sender’s
payment order.
(4) If the sender of a payment order pays the order and
was not obliged to pay all or part of the amount paid, the bank
receiving payment is obliged to refund payment to the extent
the sender was not obliged to pay. Except as provided in
RCW 62A.4A-204 and 62A.4A-304, interest is payable on
the refundable amount from the date of payment.
(5) If a funds transfer is not completed as stated in this
subsection and an intermediary bank is obliged to refund payment as stated in subsection (4) of this section but is unable to
do so because not permitted by applicable law or because the
bank suspends payments, a sender in the funds transfer that
executed a payment order in compliance with an instruction,
as stated in RCW 62A.4A-302(1)(a), to route the funds transfer through that intermediary bank is entitled to receive or
retain payment from the sender of the payment order that it
accepted. The first sender in the funds transfer that issued an
instruction requiring routing through that intermediary bank
is subrogated to the right of the bank that paid the intermediary bank to refund as stated in subsection (4) of this section.
(6) The right of the sender of a payment order to be
excused from the obligation to pay the order as stated in subsection (3) of this section or to receive refund under subsection (4) of this section may not be varied by agreement.
[1991 sp.s. c 21 § 4A-402.]
62A.4A-403
62A.4A-403 Payment by sender to receiving bank.
(1) Payment of the sender’s obligation under RCW
62A.4A-402 to pay the receiving bank occurs as follows:
(a) If the sender is a bank, payment occurs when the
receiving bank receives final settlement of the obligation
through a federal reserve bank or through a funds-transfer
system.
(b) If the sender is a bank and the sender (i) credited an
account of the receiving bank with the sender, or (ii) caused
an account of the receiving bank in another bank to be credited, payment occurs when the credit is withdrawn or, if not
withdrawn, at midnight of the day on which the credit is withdrawable and the receiving bank learns of that fact.
(2006 Ed.)
62A.4A-404
(c) If the receiving bank debits an account of the sender
with the receiving bank, payment occurs when the debit is
made to the extent the debit is covered by a withdrawable
credit balance in the account.
(2) If the sender and receiving bank are members of a
funds-transfer system that nets obligations multilaterally
among participants, the receiving bank receives final settlement when settlement is complete in accordance with the
rules of the system. The obligation of the sender to pay the
amount of a payment order transmitted through the fundstransfer system may be satisfied, to the extent permitted by
the rules of the system, by setting off and applying against the
sender’s obligation the right of the sender to receive payment
from the receiving bank of the amount of any other payment
order transmitted to the sender by the receiving bank through
the funds-transfer system. The aggregate balance of obligations owed by each sender to each receiving bank in the
funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying
against that balance the aggregate balance of obligations
owed to the sender by other members of the system. The
aggregate balance is determined after the right of setoff stated
in the second sentence of this subsection has been exercised.
(3) If two banks transmit payment orders to each other
under an agreement that settlement of the obligations of each
bank to the other under RCW 62A.4A-402 will be made at
the end of the day or other period, the total amount owed with
respect to all orders transmitted by one bank shall be set off
against the total amount owed with respect to all orders transmitted by the other bank. To the extent of the setoff, each
bank has made payment to the other.
(4) In a case not covered by subsection (1) of this section, the time when payment of the sender’s obligation under
RCW 62A.4A-402 (2) or (3) occurs is governed by applicable principles of law that determine when an obligation is satisfied. [1991 sp.s. c 21 § 4A-403.]
62A.4A-404 Obligation of beneficiary’s bank to pay
and give notice to beneficiary. (1) Subject to RCW
62A.4A-211(5), 62A.4A-405(4), and 62A.4A-405(5), if a
beneficiary’s bank accepts a payment order, the bank is
obliged to pay the amount of the order to the beneficiary of
the order. Payment is due on the payment date of the order,
but if acceptance occurs on the payment date after the close
of the funds-transfer business day of the bank, payment is due
on the next funds-transfer business day. If the bank refuses to
pay after demand by the beneficiary and receipt of notice of
particular circumstances that will give rise to consequential
damages as a result of nonpayment, the beneficiary may
recover damages resulting from the refusal to pay to the
extent the bank had notice of the damages, unless the bank
proves that it did not pay because of a reasonable doubt concerning the right of the beneficiary to payment.
(2) If a payment order accepted by the beneficiary’s bank
instructs payment to an account of the beneficiary, the bank is
obliged to notify the beneficiary of receipt of the order before
midnight of the next funds-transfer business day following
the payment date. If the payment order does not instruct payment to an account of the beneficiary, the bank is required to
notify the beneficiary only if notice is required by the order.
Notice may be given by first class mail or any other means
62A.4A-404
[Title 62A RCW—page 85]
62A.4A-405
Title 62A RCW: Uniform Commercial Code
reasonable in the circumstances. If the bank fails to give the
required notice, the bank is obliged to pay interest to the beneficiary on the amount of the payment order from the day
notice should have been given until the day the beneficiary
learned of receipt of the payment order by the bank. No other
damages are recoverable. Reasonable attorneys’ fees are also
recoverable if demand for interest is made and refused before
an action is brought on the claim.
(3) The right of a beneficiary to receive payment and
damages as stated in subsection (a) [subsection (1) of this
section] may not be varied by agreement or a funds-transfer
system rule. The right of a beneficiary to be notified as stated
in subsection (2) of this section may be varied by agreement
of the beneficiary or by a funds-transfer system rule if the
beneficiary is notified of the rule before initiation of the funds
transfer. [1991 sp.s. c 21 § 4A-404.]
62A.4A-405
62A.4A-405 Payment by beneficiary’s bank to beneficiary. (1) If the beneficiary’s bank credits an account of the
beneficiary of a payment order payment of the bank’s obligation under RCW 62A.4A-404(1) occurs when and to the
extent (a) the beneficiary is notified of the right to withdraw
the credit, (b) the bank lawfully applies the credit to a debt of
the beneficiary, or (c) funds with respect to the order are otherwise made available to the beneficiary by the bank.
(2) If the beneficiary’s bank does not credit an account of
the beneficiary of a payment order, the time when payment of
the bank’s obligation under RCW 62A.4A-404(1) occurs is
governed by principles of law that determine when an obligation is satisfied.
(3) Except as stated in subsections (4) and (5) of this act
[section], if the beneficiary’s bank pays the beneficiary of a
payment order under a condition to payment or agreement of
the beneficiary giving the bank the right to recover payment
from the beneficiary if the bank does not receive payment of
the order, the condition to payment or agreement is not
enforceable.
(4) A funds-transfer system rule may provide that payments made to beneficiaries of funds transfers made through
the system are provisional until receipt of payment by the
beneficiary’s bank of the payment order it accepted. A beneficiary’s bank that makes a payment that is provisional under
the rule is entitled to refund from the beneficiary if (a) the
rule requires that both the beneficiary and the originator be
given notice of the provisional nature of the payment before
the funds transfer is initiated, (b) the beneficiary, the beneficiary’s bank and the originator’s bank agreed to be bound by
the rule, and (c) the beneficiary’s bank did not receive payment of the payment order that it accepted. If the beneficiary
is obliged to refund payment to the beneficiary’s bank, acceptance of the payment order by the beneficiary’s bank is nullified and no payment by the originator of the funds transfer to
the beneficiary occurs under RCW 62A.4A-406.
(5) This subsection applies to a funds transfer that
includes a payment order transmitted over a funds-transfer
system that (a) nets obligations multilaterally among participants, and (b) has in effect a loss-sharing agreement among
participants for the purpose of providing funds necessary to
complete settlement of the obligations of one or more participants that do not meet their settlement obligations. If the
beneficiary’s bank in the funds transfer accepts a payment
[Title 62A RCW—page 86]
order and the system fails to complete settlement pursuant to
its rules with respect to any payment order in the funds transfer, (i) the acceptance by the beneficiary’s bank is nullified
and no person has any right or obligation based on the acceptance, (ii) the beneficiary’s bank is entitled to recover payment from the beneficiary, (iii) no payment by the originator
to the beneficiary occurs under RCW 62A.4A-406, and (iv)
subject to RCW 62A.4A-402(5), each sender in the funds
transfer is excused from its obligation to pay its payment
order under RCW 62A.4A-402(5), each sender in the funds
transfer is excused from its obligation to pay its payment
order under RCW 62A.4A-402(3) because the funds transfer
has not been completed. [1991 sp.s. c 21 § 4A-405.]
62A.4A-406 Payment by originator to beneficiary;
discharge of underlying obligation. (1) Subject to RCW
62A.4A-211(5), 62A.4A-405(4), and 62A.4A-405(5), the
originator of a funds transfer pays the beneficiary of the originator’s payment order (a) at the time a payment order for the
benefit of the beneficiary is accepted by the beneficiary’s
bank in the funds transfer and (b) in an amount equal to the
amount of the order accepted by the beneficiary’s bank, but
not more than the amount of the originator’s order.
(2) If payment under subsection (1) of this section is
made to satisfy an obligation, the obligation is discharged to
the same extent discharge would result from payment to the
beneficiary of the same amount in money, unless (a) the payment under subsection (1) of this section was made by a
means prohibited by the contract of the beneficiary with
respect to the obligation, (b) the beneficiary, within a reasonable time after receiving notice of receipt of the order by the
beneficiary’s bank, notified the originator of the beneficiary’s refusal of the payment, (c) funds with respect to the
order were not withdrawn by the beneficiary or applied to a
debt of the beneficiary, and (d) the beneficiary would suffer a
loss that could reasonably have been avoided if payment had
been made by a means complying with the contract. If payment by the originator does not result in discharge under this
section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary’s bank under
RCW 62A.4A-404(1).
(3) For the purpose of determining whether discharge of
an obligation occurs under subsection (2) of this section, if
the beneficiary’s bank accepts a payment order in an amount
equal to the amount of the originator’s payment order less
charges of one or more receiving banks in the funds transfer,
payment to the beneficiary is deemed to be in the amount of
the originator’s order unless upon demand by the beneficiary
the originator does not pay the beneficiary the amount of the
deducted charges.
(4) Rights of the originator or of the beneficiary of a
funds transfer under this section may be varied only by agreement of the originator and the beneficiary. [1991 sp.s. c 21 §
4A-406.]
62A.4A-406
PART 5
MISCELLANEOUS PROVISIONS
62A.4A-501
62A.4A-501 Variation by agreement and effect of
funds-transfer system rule. (1) Except as otherwise provided in this Article, the rights and obligations of a party to a
(2006 Ed.)
Funds Transfers
funds transfer may be varied by agreement of the affected
party.
(2) "Funds-transfer system rule" means a rule of an association of banks (a) governing transmission of payment
orders by means of a funds-transfer system of the association
or rights and obligations with respect to those orders, or (b) to
the extent the rule governs rights and obligations between
banks that are parties to a funds transfer in which a federal
reserve bank, acting as an intermediary bank, sends a payment order to the beneficiary’s bank. Except as otherwise
provided in this Article, a funds-transfer system rule governing rights and obligations between participating banks using
the system may be effective even if the rule conflicts with the
Article and indirectly affects another party to the funds transfer who does not consent to the rule. A funds-transfer system
rule may also govern rights and obligations of parties other
than participating banks using the system to the extent stated
i n R C W 6 2 A . 4 A -4 0 4 ( 3 ) , 6 2 A . 4 A -4 0 5 ( 4 ) , a n d
62A.4A-507(3). [1991 sp.s. c 21 § 4A-501.]
62A.4A-502
62A.4A-502 Creditor process served on receiving
bank; setoff by beneficiary’s bank. (1) As used in this section, "creditor process" means levy, attachment, garnishment,
notice of lien, sequestration, or similar process issued by or
on behalf of a creditor or other claimant with respect to an
account.
(2) This subsection applies to creditor process with
respect to an authorized account of the sender of a payment
order if the creditor process is served on the receiving bank.
For the purpose of determining rights with respect to the
creditor process, if the receiving bank accepts the payment
order the balance in the authorized account is deemed to be
reduced by the amount of the payment order to the extent the
bank did not otherwise receive payment of the order, unless
the creditor process is served at the time and in a manner
affording the bank a reasonable opportunity to act on it before
the bank accepts the payment order.
(3) If a beneficiary’s bank has received a payment order
for payment to the beneficiary’s account in the bank, the following rules apply:
(a) The bank may credit the beneficiary’s account. The
amount credited may be set off against an obligation owed by
the beneficiary to the bank or may be applied to satisfy creditor process served on the bank with respect to the account.
(b) The bank may credit the beneficiary’s account and
allow withdrawal of the amount credited unless creditor process with respect to the account is served at the time and in a
manner affording the bank a reasonable opportunity to act to
prevent withdrawal.
(c) If creditor process with respect to the beneficiary’s
account has been served and the bank has had a reasonable
opportunity to act on it, the bank may not reject the payment
order except for a reason unrelated to the service of process.
(4) Creditor process with respect to a payment by the
originator to the beneficiary pursuant to a funds transfer may
be served only on the beneficiary’s bank with respect to the
debt owed by that bank to the beneficiary. Any other bank
served with the creditor process is not obliged to act with
respect to the process. [1991 sp.s. c 21 § 4A-502.]
(2006 Ed.)
62A.4A-506
62A.4A-503
62A.4A-503 Injunction or restraining order with
respect to funds transfer. For proper cause and in compliance with applicable law, a court may restrain (1) a person
from issuing a payment order to initiate a funds transfer, (2)
an originator’s bank from executing the payment order of the
originator, or (3) the beneficiary’s bank from releasing funds
to the beneficiary or the beneficiary from withdrawing the
funds. A court may not otherwise restrain a person from issuing a payment order, paying or receiving payment of a payment order, or otherwise acting with respect to a funds transfer. [1991 sp.s. c 21 § 4A-503.]
62A.4A-504
62A.4A-504 Order in which items and payment
orders may be charged to account; order of withdrawals
from account. (1) If a receiving bank has received more than
one payment order of the sender or one or more payment
orders and other items that are payable from the sender’s
account, the bank may charge the sender’s account with
respect to the various orders and items in any sequence.
(2) In determining whether a credit to an account has
been withdrawn by the holder of the account or applied to a
debt of the holder of the account, credits first made to the
account are first withdrawn or applied. [1991 sp.s. c 21 §
4A-504.]
62A.4A-505
62A.4A-505 Preclusion of objection to debit of customer’s account. If a receiving bank has received payment
from its customer with respect to a payment order issued in
the name of the customer as sender and accepted by the bank,
and the customer received notification reasonably identifying
the order, the customer is precluded from asserting that the
bank is not entitled to retain the payment unless the customer
notifies the bank of the customer’s objection to the payment
within one year after the notification was received by the customer. [1991 sp.s. c 21 § 4A-505.]
62A.4A-506
62A.4A-506 Rate of interest. (1) If, under this Article,
a receiving bank is obliged to pay interest with respect to a
payment order issued to the bank, the amount payable may be
determined (a) by agreement of the sender and receiving
bank, or (b) by a funds-transfer system rule if the payment
order is transmitted through a funds-transfer system.
(2) If the amount of interest is not determined by an
agreement or rule as stated in subsection (1) of this section,
the amount is calculated by multiplying the applicable federal
funds rate by the amount on which interest is payable, and
then multiplying the product by the number of days for which
interest is payable. The applicable federal funds rate is the
average of the federal funds rates published by the federal
reserve bank of New York for each of the days for which
interest is payable divided by three hundred sixty. The federal
funds rate for any day on which a published rate is not available is the same as the published rate for the next preceding
day for which there is a published rate. If a receiving bank
that accepted a payment order is required to refund payment
to the sender of the order because the funds transfer was not
completed, but the failure to complete was not due to any
fault by the bank, the interest payable is reduced by a percentage equal to the reserve requirement on deposits of the
receiving bank. [1991 sp.s. c 21 § 4A-506.]
[Title 62A RCW—page 87]
62A.4A-507
Title 62A RCW: Uniform Commercial Code
62A.4A-507 Choice of law. (1) The following rules
apply unless the affected parties otherwise agree or subsection (3) of this section applies;
(a) The rights and obligations between the sender of a
payment order and the receiving bank are governed by the
law of the jurisdiction in which the receiving bank is located.
(b) The rights and obligations between the beneficiary’s
bank and the beneficiary are governed by the law of the jurisdiction in which the beneficiary’s bank is located.
(c) The issue of when payment is made pursuant to a
funds transfer by the originator to the beneficiary is governed
by the law of the jurisdiction in which the beneficiary’s bank
is located.
(2) If the parties described in each paragraph of subsection (1) of this section have made an agreement selecting the
law of a particular jurisdiction to govern rights and obligations between each other, the law of that jurisdiction governs
those rights and obligations, whether or not the payment
order or the funds transfer bears a reasonable relation to that
jurisdiction.
(3) A funds-transfer system rule may select the law of a
particular jurisdiction to govern (a) rights and obligations
between participating banks with respect to payment orders
transmitted or processed through the system, or (b) the rights
and obligations of some or all parties to a funds transfer any
part of which is carried out by means of the system. A choice
of law made pursuant to (a) of this subsection is binding on
participating banks. A choice of law made pursuant to (b) of
this subsection is binding on the originator, other sender, or a
receiving bank having notice that the funds-transfer system
might be used in the funds transfer and of the choice of law
by the system when the originator, other sender, or receiving
bank issued or accepted a payment order. The beneficiary of
a funds transfer is bound by the choice of law if, when the
funds transfer is initiated, the beneficiary has notice that the
funds-transfer system might be used in the funds transfer and
of the choice of law by the system. The law of a jurisdiction
selected pursuant to this subsection may govern, whether or
not that law bears a reasonable relation to the matter in issue.
(4) In the event of inconsistency between an agreement
under subsection (2) of this section and a choice-of-law rule
under subsection (3) of this section, the agreement under subsection (2) of this section prevails.
(5) If a funds transfer is made by use of more than one
funds-transfer system and there is inconsistency between
choice-of-law rules of the systems, the matter in issue is governed by the law of the selected jurisdiction that has the most
significant relationship to the matter in issue. [1991 sp.s. c 21
§ 4A-507.]
62A.4A-507
Article 5
Article 5
LETTERS OF CREDIT
Sections
62A.5-101
62A.5-1013
62A.5-1015
62A.5-102
62A.5-103
62A.5-104
62A.5-105
62A.5-106
62A.5-107
Short title.
Applicability—Transition provision.
Savings—Transition provision.
Definitions.
Scope.
Formal requirements.
Consideration.
Issuance, amendment, cancellation, and duration.
Confirmer, nominated person, and adviser.
[Title 62A RCW—page 88]
62A.5-108
62A.5-109
62A.5-110
62A.5-111
62A.5-112
62A.5-113
62A.5-114
62A.5-115
62A.5-116
62A.5-117
62A.5-118
Issuer’s rights and obligations.
Fraud and forgery.
Warranties.
Remedies.
Transfer of letter of credit.
Transfer by operation of law.
Assignment of proceeds.
Statute of limitations.
Choice of law and forum.
Subrogation of issuer, applicant, and nominated person.
Security interest of issuer or nominated person.
62A.5-101
62A.5-101 Short title. This Article shall be known and
may be cited as Uniform Commercial Code—Letters of
Credit. [1965 ex.s. c 157 § 5-101.]
62A.5-1013
62A.5-1013 Applicability—Transition provision.
Chapter 56, Laws of 1997 applies to a letter of credit that is
issued on or after July 27, 1997. Chapter 56, Laws of 1997
does not apply to a transaction, event, obligation, or duty arising out of or associated with a letter of credit that was issued
before July 27, 1997. [1997 c 56 § 1.]
62A.5-1015
62A.5-1015 Savings—Transition provision. A transaction arising out of or associated with a letter of credit that
was issued before July 27, 1997, and the rights, obligations,
and interests flowing from that transaction are governed by
any statute or other law amended or repealed by chapter 56,
Laws of 1997 as if repeal or amendment had not occurred and
may be terminated, completed, consummated, or enforced
under that statute or other law. [1997 c 56 § 2.]
62A.5-102
62A.5-102 Definitions. (1) The definitions in this section apply throughout this Article unless the context clearly
requires otherwise:
(a) "Adviser" means a person who, at the request of the
issuer, a confirmer, or another adviser, notifies or requests
another adviser to notify the beneficiary that a letter of credit
has been issued, confirmed, or amended.
(b) "Applicant" means a person at whose request or for
whose account a letter of credit is issued. The term includes a
person who requests an issuer to issue a letter of credit on
behalf of another if the person making the request undertakes
an obligation to reimburse the issuer.
(c) "Beneficiary" means a person who under the terms of
a letter of credit is entitled to have its complying presentation
honored. The term includes a person to whom drawing rights
have been transferred under a transferable letter of credit.
(d) "Confirmer" means a nominated person who undertakes, at the request or with the consent of the issuer, to honor
a presentation under a letter of credit issued by another.
(e) "Dishonor" of a letter of credit means failure timely
to honor or to take an interim action, such as acceptance of a
draft, that may be required by the letter of credit.
(f) "Document" means a draft or other demand, document of title, investment security, certificate, invoice, or
other record, statement, or representation of fact, law, right,
or opinion (i) which is presented in a written or other medium
permitted by the letter of credit or, unless prohibited by the
letter of credit, by the standard practice referred to in RCW
62A.5-108(5) and (ii) which is capable of being examined for
compliance with the terms and conditions of the letter of
credit. A document may not be oral.
(2006 Ed.)
Letters of Credit
(g) "Good faith" means honesty in fact in the conduct or
transaction concerned.
(h) "Honor" of a letter of credit means performance of
the issuer’s undertaking in the letter of credit to pay or deliver
an item of value. Unless the letter of credit otherwise provides, "honor" occurs:
(i) Upon payment;
(ii) If the letter of credit provides for acceptance, upon
acceptance of a draft and, at maturity, its payment; or
(iii) If the letter of credit provides for incurring a
deferred obligation, upon incurring the obligation and, at
maturity, its performance.
(i) "Issuer" means a bank or other person that issues a letter of credit, but does not include an individual who makes an
engagement for personal, family, or household purposes.
(j) "Letter of credit" means a definite undertaking that
satisfies the requirements of RCW 62A.5-104 by an issuer to
a beneficiary at the request or for the account of an applicant
or, in the case of a financial institution, to itself or for its own
account, to honor a documentary presentation by payment or
delivery of an item of value.
(k) "Nominated person" means a person whom the issuer
(i) designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit and (ii) undertakes by
agreement or custom and practice to reimburse.
(l) "Presentation" means delivery of a document to an
issuer or nominated person for honor or giving of value under
a letter of credit.
(m) "Presenter" means a person making a presentation as
or on behalf of a beneficiary or nominated person.
(n) "Record" means information that is inscribed on a
tangible medium, or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(o) "Successor of a beneficiary" means a person who
succeeds to substantially all of the rights of a beneficiary by
operation of law, including a corporation with or into which
the beneficiary has been merged or consolidated, an administrator, executor, personal representative, trustee in bankruptcy, debtor in possession, liquidator, and receiver.
(2) Definitions in other Articles applying to this Article
and the sections in which they appear are:
"Accept" or
"Acceptance"
RCW 62A.3-409
"Value"
RCW 62A.3-303, RCW 62A.4-211.
(3) Article 1 contains certain additional general definitions and principles of construction and interpretation applicable throughout this Article. [1997 c 56 § 3; 1965 ex.s. c
157 § 5-102.]
62A.5-103 Scope. (1) This Article applies to letters of
credit and to certain rights and obligations arising out of
transactions involving letters of credit.
(2) The statement of a rule in this Article does not by
itself require, imply, or negate application of the same or a
different rule to a situation not provided for, or to a person not
specified, in this Article.
(3) With the exception of this subsection, subsections (1)
and (4) of this section, RCW 62A.5-102(1) (i) and (j), 62A.5106(4), and 62A.5-114(4), and except to the extent prohibited
in RCW 62A.1-102(3) and 62A.5-117(4), the effect of this
Article may be varied by agreement or by a provision stated
62A.5-103
(2006 Ed.)
62A.5-107
or incorporated by reference in an undertaking. A term in an
agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is
not sufficient to vary obligations prescribed by this Article.
(4) Rights and obligations of an issuer to a beneficiary or
a nominated person under a letter of credit are independent of
the existence, performance, or nonperformance of a contract
or arrangement out of which the letter of credit arises or
which underlies it, including contracts or arrangements
between the issuer and the applicant and between the applicant and the beneficiary. [1997 c 56 § 4; 1965 ex.s. c 157 §
5-103.]
62A.5-104
62A.5-104 Formal requirements. A letter of credit,
confirmation, advice, transfer, amendment, or cancellation
may be issued in any form that is a record and is authenticated
(1) by a signature or (2) in accordance with the agreement of
the parties or the standard practice referred to in RCW
62A.5-108(5). [1997 c 56 § 5; 1965 ex.s. c 157 § 5-104.]
62A.5-105
62A.5-105 Consideration. Consideration is not
required to issue, amend, transfer, or cancel a letter of credit,
advice, or confirmation. [1997 c 56 § 6; 1965 ex.s. c 157 § 5105.]
62A.5-106
62A.5-106 Issuance, amendment, cancellation, and
duration. (1) A letter of credit is issued and becomes
enforceable according to its terms against the issuer when the
issuer sends or otherwise transmits it to the person requested
to advise or to the beneficiary. A letter of credit is revocable
only if it so provides.
(2) After a letter of credit is issued, rights and obligations
of a beneficiary, applicant, confirmer, and issuer are not
affected by an amendment or cancellation to which that person has not consented except to the extent the letter of credit
provides that it is revocable or that the issuer may amend or
cancel the letter of credit without that consent.
(3) If there is no stated expiration date or other provision
that determines its duration, a letter of credit expires one year
after its stated date of issuance or, if none is stated, after the
date on which it is issued.
(4) A letter of credit that states that it is perpetual expires
five years after its stated date of issuance, or if none is stated,
after the date on which it is issued. [1997 c 56 § 7; 1965 ex.s.
c 157 § 5-106.]
62A.5-107
62A.5-107 Confirmer, nominated person, and
adviser. (1) A confirmer is directly obligated on a letter of
credit and has the rights and obligations of an issuer to the
extent of its confirmation. The confirmer also has rights
against and obligations to the issuer as if the issuer were an
applicant and the confirmer had issued the letter of credit at
the request and for the account of the issuer.
(2) A nominated person who is not a confirmer is not
obligated to honor or otherwise give value for a presentation.
(3) A person requested to advise may decline to act as an
adviser. An adviser that is not a confirmer is not obligated to
honor or give value for a presentation. An adviser undertakes
to the issuer and to the beneficiary accurately to advise the
terms of the letter of credit, confirmation, amendment, or
[Title 62A RCW—page 89]
62A.5-108
Title 62A RCW: Uniform Commercial Code
advice received by that person and undertakes to the beneficiary to check the apparent authenticity of the request to
advise. Even if the advice is inaccurate, the letter of credit,
confirmation, or amendment is enforceable as issued.
(4) A person who notifies a transferee beneficiary of the
terms of a letter of credit, confirmation, amendment, or
advice has the rights and obligations of an adviser under subsection (3) of this section. The terms in the notice to the transferee beneficiary may differ from the terms in any notice to
the transferor beneficiary to the extent permitted by the letter
of credit, confirmation, amendment, or advice received by the
person who so notifies. [1997 c 56 § 8; 1965 ex.s. c 157 § 5107.]
62A.5-108
62A.5-108 Issuer’s rights and obligations. (1) Except
as otherwise provided in RCW 62A.5-109, an issuer shall
honor a presentation that, as determined by the standard practice referred to in subsection (5) of this section, appears on its
face strictly to comply with the terms and conditions of the
letter of credit. Except as otherwise provided in RCW
62A.5-113 and unless otherwise agreed with the applicant, an
issuer shall dishonor a presentation that does not appear so to
comply.
(2) An issuer has a reasonable time after presentation,
but not beyond the end of the seventh business day of the
issuer after the day of its receipt of documents:
(a) To honor;
(b) If the letter of credit provides for honor to be completed more than seven business days after presentation, to
accept a draft or incur a deferred obligation; or
(c) To give notice to the presenter of discrepancies in the
presentation.
(3) Except as otherwise provided in subsection (4) of this
section, an issuer is precluded from asserting as a basis for
dishonor any discrepancy if timely notice is not given, or any
discrepancy not stated in the notice if timely notice is given.
(4) Failure to give the notice specified in subsection (2)
of this section or to mention fraud, forgery, or expiration in
the notice does not preclude the issuer from asserting as a
basis for dishonor fraud or forgery as described in RCW
62A.5-109(1) or expiration of the letter of credit before presentation.
(5) An issuer shall observe standard practice of financial
institutions that regularly issue letters of credit. Determination of the issuer’s observance of the standard practice is a
matter of interpretation for the court. The court shall offer the
parties a reasonable opportunity to present evidence of the
standard practice.
(6) An issuer is not responsible for:
(a) The performance or nonperformance of the underlying contract, arrangement, or transaction;
(b) An act or omission of others; or
(c) Observance or knowledge of the usage of a particular
trade other than the standard practice referred to in subsection
(5) of this section.
(7) If an undertaking constituting a letter of credit under
RCW 62A.5-102(1)(j) contains nondocumentary conditions,
an issuer shall disregard the nondocumentary conditions and
treat them as if they were not stated.
[Title 62A RCW—page 90]
(8) An issuer that has dishonored a presentation shall
return the documents or hold them at the disposal of, and send
advice to that effect to, the presenter.
(9) An issuer that has honored a presentation as permitted or required by this Article:
(a) Is entitled to be reimbursed by the applicant in immediately available funds not later than the date of its payment
of funds;
(b) Takes the documents free of claims of the beneficiary
or presenter;
(c) Is precluded from asserting a right of recourse on a
draft under RCW 62A.3-414 and 62A.3-415;
(d) Except as otherwise provided in RCW 62A.5-110
and 62A.5-117, is precluded from restitution of money paid
or other value given by mistake to the extent the mistake concerns discrepancies in the documents or tender which are
apparent on the face of the presentation; and
(e) Is discharged to the extent of its performance under
the letter of credit unless the issuer honored a presentation in
which a required signature of a beneficiary was forged.
[1997 c 56 § 9; 1965 ex.s. c 157 § 5-108.]
62A.5-109 Fraud and forgery. (1) If a presentation is
made that appears on its face strictly to comply with the terms
and conditions of the letter of credit, but a required document
is forged or materially fraudulent, or honor of the presentation would facilitate a material fraud by the beneficiary on the
issuer or applicant:
(a) The issuer shall honor the presentation, if honor is
demanded by (i) a nominated person who has given value in
good faith and without notice of forgery or material fraud, (ii)
a confirmer who has honored its confirmation in good faith,
(iii) a holder in due course of a draft drawn under the letter of
credit which was taken after acceptance by the issuer or nominated person, or (iv) an assignee of the issuer’s or nominated
person’s deferred obligation that was taken for value and
without notice of forgery or material fraud after the obligation was incurred by the issuer or nominated person; and
(b) The issuer, acting in good faith, may honor or dishonor the presentation in any other case.
(2) If an applicant claims that a required document is
forged or materially fraudulent or that honor of the presentation would facilitate a material fraud by the beneficiary on the
issuer or applicant, a court of competent jurisdiction may
temporarily or permanently enjoin the issuer from honoring a
presentation or grant similar relief against the issuer or other
persons only if the court finds that:
(a) The relief is not prohibited under the law applicable
to an accepted draft or deferred obligation incurred by the
issuer;
(b) A beneficiary, issuer, or nominated person who may
be adversely affected is adequately protected against loss that
it may suffer because the relief is granted;
(c) All of the conditions to entitle a person to the relief
under the law of this state have been met; and
(d) On the basis of the information submitted to the
court, the applicant is more likely than not to succeed under
its claim of forgery or material fraud and the person demanding honor does not qualify for protection under subsection
(1)(a) of this section. [1997 c 56 § 10; 1965 ex.s. c 157 § 5109.]
62A.5-109
(2006 Ed.)
Letters of Credit
62A.5-110
62A.5-110 Warranties. (1) If its presentation is honored, the beneficiary warrants:
(a) To the issuer, any other person to whom presentation
is made, and the applicant that there is no fraud or forgery of
the kind described in RCW 62A.5-109(1); and
(b) To the applicant that the drawing does not violate any
agreement between the applicant and beneficiary or any other
agreement intended by them to be augmented by the letter of
credit.
(2) The warranties in subsection (1) of this section are in
addition to warranties arising under Articles 3, 4, 7, and 8
because of the presentation or transfer of documents covered
by any of those Articles. [1997 c 56 § 11; 1965 ex.s. c 157 §
5-110.]
62A.5-111
62A.5-111 Remedies. (1) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor, or
nominated person presenting on its own behalf may recover
from the issuer the amount that is the subject of the dishonor
or repudiation. If the issuer’s obligation under the letter of
credit is not for the payment of money, the claimant may
obtain specific performance or, at the claimant’s election,
recover an amount equal to the value of performance from the
issuer. In either case, the claimant may also recover incidental but not consequential damages. The claimant is not obligated to take action to avoid damages that might be due from
the issuer under this subsection. If, although not obligated to
do so, the claimant avoids damages, the claimant’s recovery
from the issuer must be reduced by the amount of damages
avoided. The issuer has the burden of proving the amount of
damages avoided. In the case of repudiation the claimant
need not present any document.
(2) If an issuer wrongfully dishonors a draft or demand
presented under a letter of credit or honors a draft or demand
in breach of its obligation to the applicant, the applicant may
recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved
as a result of the breach.
(3) If an adviser or nominated person other than a confirmer breaches an obligation under this Article or an issuer
breaches an obligation not covered in subsection (1) or (2) of
this section, a person to whom the obligation is owed may
recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved
as a result of the breach. To the extent of the confirmation, a
confirmer has the liability of an issuer specified in this subsection and subsections (1) and (2) of this section.
(4) An issuer, nominated person, or adviser who is found
liable under subsection (1), (2), or (3) of this section shall pay
interest on the amount owed thereunder from the date of
wrongful dishonor or other appropriate date.
(5) Reasonable attorney’s fees and other expenses of litigation must be awarded to the prevailing party in an action in
which a remedy is sought under this Article.
(6) Damages that would otherwise be payable by a party
for breach of an obligation under this Article may be liquidated by agreement or undertaking, but only in an amount or
by a formula that is reasonable in light of the harm anticipated. [1997 c 56 § 12; 1965 ex.s. c 157 § 5-111.]
(2006 Ed.)
62A.5-114
62A.5-112 Transfer of letter of credit. (1) Except as
otherwise provided in RCW 62A.5-113, unless a letter of
credit provides that it is transferable, the right of a beneficiary
to draw or otherwise demand performance under a letter of
credit may not be transferred.
(2) Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer
if:
(a) The transfer would violate applicable law; or
(b) The transferor or transferee has failed to comply with
any requirement stated in the letter of credit or any other
requirement relating to transfer imposed by the issuer which
is within the standard practice referred to in RCW
62A.5-108(5) or is otherwise reasonable under the circumstances. [1997 c 56 § 13; 1965 ex.s. c 157 § 5-112. Cf. former
RCW sections: (i) RCW 62.01.136; 1955 c 35 § 62.01.136;
prior: 1899 c 149 § 136; RRS § 3526. (ii) RCW 62.01.137;
1955 c 35 § 62.01.137; prior: 1899 c 149 § 137; RRS § 3527.
(iii) RCW 62.01.150; 1955 c 35 § 62.01.150; prior: 1899 c
149 § 150; RRS § 3540.]
62A.5-112
62A.5-113 Transfer by operation of law. (1) A successor of a beneficiary may consent to amendments, sign and
present documents, and receive payment or other items of
value in the name of the beneficiary without disclosing its
status as a successor.
(2) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or
other items of value in its own name as the disclosed successor of the beneficiary. Except as otherwise provided in subsection (5) of this section, an issuer shall recognize a disclosed successor of a beneficiary as beneficiary in full substitution for its predecessor upon compliance with the
requirements for recognition by the issuer of a transfer of
drawing rights by operation of law under the standard practice referred to in RCW 62A.5-108(5) or, in the absence of
such a practice, compliance with other reasonable procedures
sufficient to protect the issuer.
(3) An issuer is not obliged to determine whether a purported successor is a successor of a beneficiary or whether
the signature of a purported successor is genuine or authorized.
(4) Honor of a purported successor’s apparently complying presentation under subsection (1) or (2) of this section has
the consequences specified in RCW 62A.5-108(9) even if the
purported successor is not the successor of a beneficiary.
Documents signed in the name of the beneficiary or of a disclosed successor by a person who is neither the beneficiary
nor the successor of the beneficiary are forged documents for
the purposes of RCW 62A.5-109.
(5) An issuer whose rights of reimbursement are not covered by subsection (4) of this section or substantially similar
law and any confirmer or nominated person may decline to
recognize a presentation under subsection (2) of this section.
(6) A beneficiary whose name is changed after the issuance of a letter of credit has the same rights and obligations as
a successor of a beneficiary under this section. [1997 c 56 §
14; 1965 ex.s. c 157 § 5-113.]
62A.5-113
62A.5-114
62A.5-114 Assignment of proceeds. (1) In this section,
"proceeds of a letter of credit" means the cash, check,
[Title 62A RCW—page 91]
62A.5-115
Title 62A RCW: Uniform Commercial Code
accepted draft, or other item of value paid or delivered upon
honor or giving of value by the issuer or any nominated person under the letter of credit. The term does not include a
beneficiary’s drawing rights or documents presented by the
beneficiary.
(2) A beneficiary may assign its right to part or all of the
proceeds of a letter of credit. The beneficiary may do so
before presentation as a present assignment of its right to
receive proceeds contingent upon its compliance with the
terms and conditions of the letter of credit.
(3) An issuer or nominated person need not recognize an
assignment of proceeds of a letter of credit until it consents to
the assignment.
(4) An issuer or nominated person has no obligation to
give or withhold its consent to an assignment of proceeds of
a letter of credit, but consent may not be unreasonably withheld if the assignee possesses and exhibits the letter of credit
and presentation of the letter of credit is a condition to honor.
(5) Rights of a transferee beneficiary or nominated person are independent of the beneficiary’s assignment of the
proceeds of a letter of credit and are superior to the assignee’s
right to the proceeds.
(6) Neither the rights recognized by this section between
an assignee and an issuer, transferee beneficiary, or nominated person nor the issuer’s or nominated person’s payment
of proceeds to an assignee or a third person affect the rights
between the assignee and any person other than the issuer,
transferee beneficiary, or nominated person. The mode of
creating and perfecting a security interest in or granting an
assignment of a beneficiary’s rights to proceeds is governed
by *Article 9 or other law. Against persons other than the
issuer, transferee beneficiary, or nominated person, the rights
and obligations arising upon the creation of a security interest
or other assignment of a beneficiary’s right to proceeds and
its perfection are governed by *Article 9 or other law. [1997
c 56 § 15; 1995 c 48 § 57; 1986 c 35 § 54; 1965 ex.s. c 157 §
5-114.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
Savings—1995 c 48: See RCW 62A.8-601.
Effective date—1995 c 48: See RCW 62A.11-113.
62A.5-115
62A.5-115 Statute of limitations. An action to enforce
a right or obligation arising under this Article must be commenced within one year after the expiration date of the relevant letter of credit or one year after the cause of action
accrues, whichever occurs later. A cause of action accrues
when the breach occurs, regardless of the aggrieved party’s
lack of knowledge of the breach. [1997 c 56 § 16; 1965 ex.s.
c 157 § 5-115.]
62A.5-116 Choice of law and forum. (1) The liability
of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an
agreement in the form of a record signed or otherwise authenticated by the affected parties in the manner provided in
RCW 62A.5-104 or by a provision in the person’s letter of
credit, confirmation, or other undertaking. The jurisdiction
whose law is chosen need not bear any relation to the transaction.
62A.5-116
[Title 62A RCW—page 92]
(2) Unless subsection (1) of this section applies, the liability of an issuer, nominated person, or adviser for action or
omission is governed by the law of the jurisdiction in which
the person is located. The person is considered to be located
at the address indicated in the person’s undertaking. If more
than one address is indicated, the person is considered to be
located at the address from which the person’s undertaking
was issued. For the purpose of jurisdiction, choice of law, and
recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered
separate juridical entities and a bank is considered to be
located at the place where its relevant branch is considered to
be located under this subsection.
(3) Except as otherwise provided in this subsection, the
liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform
Customs and Practice for Documentary Credits, to which the
letter of credit, confirmation, or other undertaking is
expressly made subject. If (a) this Article would govern the
liability of an issuer, nominated person, or adviser under subsection (1) or (2) of this section, (b) the relevant undertaking
incorporates rules of custom or practice, and (c) there is conflict between this Article and those rules as applied to that
undertaking, those rules govern except to the extent of any
conflict with the nonvariable provisions specified in RCW
62A.5-103(3).
(4) If there is conflict between this Article and Article 3,
4, 4A, or *9, this Article governs.
(5) The forum for settling disputes arising out of an
undertaking within this Article may be chosen in the manner
and with the binding effect that governing law may be chosen
in accordance with subsection (1) of this section. [1997 c 56
§ 17; 1981 c 41 § 5; 1965 ex.s. c 157 § 5-116. Subd. (2)(b) cf.
former RCW 63.16.020; 1947 c 8 § 2; Rem. Supp. 1947 §
2721-2.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
Effective date—1981 c 41: See RCW 62A.11-101.
62A.5-117
62A.5-117 Subrogation of issuer, applicant, and
nominated person. (1) An issuer that honors a beneficiary’s
presentation is subrogated to the rights of the beneficiary to
the same extent as if the issuer were a secondary obligor of
the underlying obligation owed to the beneficiary and of the
applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant.
(2) An applicant that reimburses an issuer is subrogated
to the rights of the issuer against any beneficiary, presenter,
or nominated person to the same extent as if the applicant
were the secondary obligor of the obligations owed to the
issuer and has the rights of subrogation of the issuer to the
rights of the beneficiary stated in subsection (1) of this section.
(3) A nominated person who pays or gives value against
a draft or demand presented under a letter of credit is subrogated to the rights of:
(a) The issuer against the applicant to the same extent as
if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant;
(2006 Ed.)
Warehouse Receipts, Bills of Lading and Other Documents of Title
(b) The beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the beneficiary; and
(c) The applicant to the same extent as if the nominated
person were a secondary obligor of the underlying obligation
owed to the applicant.
(4) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (1) and
(2) of this section do not arise until the issuer honors the letter
of credit or otherwise pays and the rights in subsection (3) of
this section do not arise until the nominated person pays or
otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this section present
or prospective rights forming the basis of a claim, defense, or
excuse. [1997 c 56 § 18; 1965 ex.s. c 157 § 5-117.]
62A.5-118
62A.5-118 Security interest of issuer or nominated
person. (a) An issuer or nominated person has a security
interest in a document presented under a letter of credit to the
extent that the issuer or nominated person honors or gives
value for the presentation.
(b) So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise
recovered the value given with respect to a security interest in
a document under subsection (a) of this section, the security
interest continues and is subject to Article 9, but:
(1) A security agreement is not necessary to make the
security interest enforceable under RCW 62A.9A-203(b)(3);
(2) If the document is presented in a medium other than
a written or other tangible medium, the security interest is
perfected; and
(3) If the document is presented in a written or other tangible medium and is not a certificated security, chattel paper,
a document of title, an instrument, or a letter of credit, the
security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor
does not have possession of the document. [2000 c 250 § 2.]
62A.7-208
62A.7-209
62A.7-210
Altered warehouse receipts.
Lien of warehouseman.
Enforcement of warehouseman’s lien.
PART 3
BILLS OF LADING: SPECIAL PROVISIONS
62A.7-301
62A.7-302
62A.7-303
62A.7-304
62A.7-305
62A.7-306
62A.7-307
62A.7-308
62A.7-309
Liability for non-receipt or misdescription; "said to contain";
"shipper’s load and count"; improper handling.
Through bills of lading and similar documents.
Diversion; reconsignment; change of instructions.
Bills of lading in a set.
Destination bills.
Altered bills of lading.
Lien of carrier.
Enforcement of carrier’s lien.
Duty of care; contractual limitation of carrier’s liability.
PART 4
WAREHOUSE RECEIPTS AND BILLS OF LADING:
GENERAL OBLIGATIONS
62A.7-401
62A.7-402
62A.7-403
62A.7-404
Irregularities in issue of receipt or bill or conduct of issuer.
Duplicate receipt or bill; overissue.
Obligation of warehouseman or carrier to deliver; excuse.
No liability for good faith delivery pursuant to receipt or bill.
PART 5
WAREHOUSE RECEIPTS AND BILLS OF LADING:
NEGOTIATION AND TRANSFER
62A.7-501
62A.7-502
62A.7-503
62A.7-504
62A.7-505
62A.7-506
62A.7-507
62A.7-508
62A.7-509
Form of negotiation and requirements of "due negotiation".
Rights acquired by due negotiation.
Document of title to goods defeated in certain cases.
Rights acquired in the absence of due negotiation; effect of
diversion; seller’s stoppage of delivery.
Indorser not a guarantor for other parties.
Delivery without indorsement: Right to compel indorsement.
Warranties on negotiation or transfer of receipt or bill.
Warranties of collecting bank as to documents.
Receipt or bill: When adequate compliance with commercial
contract.
PART 6
WAREHOUSE RECEIPTS AND BILLS OF LADING:
MISCELLANEOUS PROVISIONS
62A.7-601
62A.7-602
62A.7-603
Effective date—2000 c 250: See RCW 62A.9A-701.
Article 7
WAREHOUSE RECEIPTS, BILLS OF LADING AND
OTHER DOCUMENTS OF TITLE
62A.7-102
Lost and missing documents.
Attachment of goods covered by a negotiable document.
Conflicting claims; interpleader.
PART 1
GENERAL
Article 7
Sections
PART 1
GENERAL
62A.7-101
62A.7-102
62A.7-103
62A.7-104
62A.7-105
Short title.
Definitions and index of definitions.
Relation of Article to treaty, statute, tariff, classification or
regulation.
Negotiable and non-negotiable warehouse receipt, bill of lading or other document of title.
Construction against negative implication.
PART 2
WAREHOUSE RECEIPTS: SPECIAL PROVISIONS
62A.7-201
62A.7-202
62A.7-203
62A.7-204
62A.7-205
62A.7-206
62A.7-207
(2006 Ed.)
Who may issue a warehouse receipt; storage under government bond.
Form of warehouse receipt; essential terms; optional terms.
Liability for non-receipt or misdescription.
Duty of care; contractual limitation of warehouseman’s liability.
Title under warehouse receipt defeated in certain cases.
Termination of storage at warehouseman’s option.
Goods must be kept separate; fungible goods.
62A.7-101
62A.7-101 Short title. This Article shall be known and
may be cited as Uniform Commercial Code—Documents of
Title. [1965 ex.s. c 157 § 7-101.]
62A.7-102
62A.7-102 Definitions and index of definitions. (1) In
this Article, unless the context otherwise requires:
(a) "Bailee" means the person who by a warehouse
receipt, bill of lading or other document of title acknowledges
possession of goods and contracts to deliver them.
(b) "Consignee" means the person named in a bill to
whom or to whose order the bill promises delivery.
(c) "Consignor" means the person named in a bill as the
person from whom the goods have been received for shipment.
(d) "Delivery order" means a written order to deliver
goods directed to a warehouseman, carrier or other person
who in the ordinary course of business issues warehouse
receipts or bills of lading.
(e) "Document" means document of title as defined in
the general definitions in Article 1 (RCW 62A.1-201).
[Title 62A RCW—page 93]
62A.7-103
Title 62A RCW: Uniform Commercial Code
(f) "Goods" means all things which are treated as movable for the purposes of a contract of storage or transportation.
(g) "Issuer" means a bailee who issues a document
except that in relation to an unaccepted delivery order it
means the person who orders the possessor of goods to
deliver. Issuer includes any person for whom an agent or
employee purports to act in issuing a document if the agent or
employee has real or apparent authority to issue documents,
notwithstanding that the issuer received no goods or that the
goods were misdescribed or that in any other respect the
agent or employee violated his instructions.
(h) "Warehouseman" is a person engaged in the business
of storing goods for hire.
(2) Other definitions applying to this Article or to specified Parts thereof, and the sections in which they appear are:
"Duly negotiate". RCW 62A.7-501.
"Person entitled under the document". RCW 62A.7403(4).
(3) Definitions in other Articles applying to this Article
and the sections in which they appear are:
"Contract for sale". RCW 62A.2-106.
"Overseas". RCW 62A.2-323.
"Receipt" of goods. RCW 62A.2-103.
(4) In addition Article 1 contains general definitions and
principles of construction and interpretation applicable
throughout this Article. [1965 ex.s. c 157 § 7-102. Cf. former
RCW sections: (i) RCW 22.04.585(1); 1913 c 99 § 58; RRS
§ 3644; formerly RCW 22.04.010. (ii) RCW 63.04.755(1);
1925 ex.s. c 142 § 76; RRS § 5836-76; formerly RCW
63.04.010. (iii) RCW 81.32.011; 1961 c 14 § 81.32.011;
prior: 1915 c 159 § 1; RRS § 3647; formerly RCW
81.32.020. (iv) RCW 81.32.531(1); 1961 c 14 § 81.32.531;
prior: 1915 c 159 § 53; RRS § 3699; formerly RCW
81.32.010, part.]
62A.7-103
62A.7-103 Relation of Article to treaty, statute, tariff,
classification or regulation. To the extent that any treaty or
statute of the United States, regulatory statute of this state or
tariff, classification or regulation filed or issued pursuant
thereto is applicable, the provisions of this Article are subject
thereto. [1965 ex.s. c 157 § 7-103.]
62A.7-104
62A.7-104 Negotiable and non-negotiable warehouse
receipt, bill of lading or other document of title. (1) A
warehouse receipt, bill of lading or other document of title is
negotiable
(a) if by its terms the goods are to be delivered to bearer
or to the order of a named person; or
(b) where recognized in overseas trade, if it runs to a
named person or assigns.
(2) Any other document is non-negotiable. A bill of lading in which it is stated that the goods are consigned to a
named person is not made negotiable by a provision that the
goods are to be delivered only against a written order signed
by the same or another named person. [1965 ex.s. c 157 § 7104. Cf. former RCW sections: (i) RCW 22.04.030,
22.04.050, and 22.04.060; 1913 c 99 §§ 2, 4, and 5; RRS §§
3588, 3590, and 3591; prior: 1891 c 134 §§ 5 and 8. (ii)
RCW 22.04.040 and 22.04.080; 1913 c 99 §§ 3, 7; RRS §§
[Title 62A RCW—page 94]
3589, 3593. (iii) RCW 63.04.280 and 63.04.310; 1925 ex.s. c
142 §§ 27 and 30; RRS §§ 5836-27 and 5836-30. (iv) RCW
63.04.755(1); 1925 ex.s. c 142 § 76; RRS § 5836-76; formerly RCW 63.04.010. (v) RCW 81.32.021 through
81.32.051, and 81.32.081; 1961 c 14 §§ 81.32.021 through
81.32.051, and 81.32.081; prior: 1915 c 159 §§ 2 through 5,
and 8; RRS §§ 3648 through 3651, and 3654; formerly RCW
81.32.030 through 81.32.060, and 81.32.090. (vi) RCW
81.32.531; 1961 c 14 § 81.32.531; prior: 1915 c 159 § 53;
RRS § 3699; formerly RCW 81.32.010, part.]
62A.7-105
62A.7-105 Construction against negative implication. The omission from either Part 2 or Part 3 of this Article
of a provision corresponding to a provision made in the other
Part does not imply that a corresponding rule of law is not
applicable. [1965 ex.s. c 157 § 7-105.]
PART 2
WAREHOUSE RECEIPTS: SPECIAL PROVISIONS
62A.7-201
62A.7-201 Who may issue a warehouse receipt; storage under government bond. (1) A warehouse receipt may
be issued by any warehouseman.
(2) Where goods including distilled spirits and agricultural commodities are stored under a statute requiring a bond
against withdrawal or a license for the issuance of receipts in
the nature of warehouse receipts, a receipt issued for the
goods has like effect as a warehouse receipt even though
issued by a person who is the owner of the goods and is not a
warehouseman. [1965 ex.s. c 157 § 7-201. Cf. former RCW
22.04.020; 1913 c 99 § 1; RRS § 3587; prior: 1891 c 134 §
1.]
62A.7-202
62A.7-202 Form of warehouse receipt; essential
terms; optional terms. (1) A warehouse receipt need not be
in any particular form.
(2) Unless a warehouse receipt embodies within its written, printed, or electronic terms each of the following, the
warehouseman is liable for damages caused by the omission
to a person injured thereby:
(a) the location of the warehouse where the goods are
stored;
(b) the date of issue of the receipt;
(c) the consecutive number of the receipt;
(d) a statement whether the goods received will be delivered to the bearer, to a specified person, or to a specified person or his order;
(e) the rate of storage and handling charges, except that
where goods are stored under a field warehousing arrangement a statement of that fact is sufficient on a non-negotiable
receipt;
(f) a description of the goods or of the packages containing them;
(g) the signature of the warehouseman, which may be
made by his authorized agent;
(h) if the receipt is issued for goods of which the warehouseman is owner, either solely or jointly or in common
with others, the fact of such ownership; and
(i) a statement of the amount of advances made and of
liabilities incurred for which the warehouseman claims a lien
(2006 Ed.)
Warehouse Receipts, Bills of Lading and Other Documents of Title
or security interest (RCW 62A.7-209). If the precise amount
of such advances made or of such liabilities incurred is, at the
time of the issue of the receipt, unknown to the warehouseman or to his agent who issues it, a statement of the fact that
advances have been made or liabilities incurred and the purpose thereof is sufficient.
(3) A warehouseman may insert in his receipt any other
terms which are not contrary to the provisions of this Title
and do not impair his obligation of delivery (RCW 62A.7403) or his duty of care (RCW 62A.7-204). Any contrary provisions shall be ineffective. [2000 c 58 § 1; 1965 ex.s. c 157
§ 7-202. Cf. former RCW sections: (i) RCW 22.04.030; 1913
c 99 § 2; RRS § 3588; prior: 1891 c 134 § 8. (ii) RCW
22.04.040; 1913 c 99 § 3; RRS § 3589.]
62A.7-203
62A.7-203 Liability for non-receipt or misdescription. A party to or purchaser for value in good faith of a document of title other than a bill of lading relying in either case
upon the description therein of the goods may recover from
the issuer damages caused by the non-receipt or misdescription of the goods, except to the extent that the document conspicuously indicates that the issuer does not know whether
any part or all of the goods in fact were received or conform
to the description, as where the description is in terms of
marks or labels or kind, quantity or condition, or the receipt
or description is qualified by "contents, condition and quality
unknown", "said to contain" or the like, if such indication be
true, or the party or purchaser otherwise has notice. [1965
ex.s. c 157 § 7-203. Cf. former RCW 22.04.210; 1913 c 99 §
20; RRS § 3606.]
62A.7-204
62A.7-204 Duty of care; contractual limitation of
warehouseman’s liability. (1) A warehouseman is liable for
damages for loss of or injury to the goods caused by his failure to exercise such care in regard to them as a reasonably
careful man would exercise under like circumstances but
unless otherwise agreed he is not liable for damages which
could not have been avoided by the exercise of such care.
(2) Damages may be limited by a term in the warehouse
receipt or storage agreement limiting the amount of liability
in case of loss or damage, and setting forth a specific liability
per article or item, or value per unit of weight, beyond which
the warehouseman shall not be liable; provided, however,
that such liability may on written request of the bailor at the
time of signing such storage agreement or within a reasonable time after receipt of the warehouse receipt be increased
on part or all of the goods thereunder, in which event
increased rates may be charged based on such increased valuation, but that no such increase shall be permitted contrary
to a lawful limitation of liability contained in the warehouseman’s tariff, if any. No such limitation is effective with
respect to the warehouseman’s liability for conversion to his
own use.
(3) Reasonable provisions as to the time and manner of
presenting claims and instituting actions based on the bailment may be included in the warehouse receipt or tariff.
(4) This section does not impair or repeal the duties of
care or liabilities or penalties for breach thereof as provided
in chapters 22.09 and 22.32 RCW. [1981 c 13 § 1; 1965 ex.s.
c 157 § 7-204. Cf. former RCW sections: (i) RCW
(2006 Ed.)
62A.7-207
22.04.040; 1913 c 99 § 3; RRS § 3589. (ii) RCW 22.04.220;
1913 c 99 § 21; RRS § 3607.]
62A.7-205
62A.7-205 Title under warehouse receipt defeated in
certain cases. A buyer in the ordinary course of business of
fungible goods sold and delivered by a warehouseman who is
also in the business of buying and selling such goods takes
free of any claim under a warehouse receipt even though it
has been duly negotiated. [1965 ex.s. c 157 § 7-205.]
62A.7-206
62A.7-206 Termination of storage at warehouseman’s option. (1) A warehouseman may on notifying the
person on whose account the goods are held and any other
person known to claim an interest in the goods require payment of any charges and removal of the goods from the warehouse at the termination of the period of storage fixed by the
document, or, if no period is fixed, within a stated period not
less than thirty days after the notification. If the goods are not
removed before the date specified in the notification, the
warehouseman may sell them in accordance with the provisions of the section on enforcement of a warehouseman’s lien
(RCW 62A.7-210).
(2) If a warehouseman in good faith believes that the
goods are about to deteriorate or decline in value to less than
the amount of his lien within the time prescribed in subsection (1) for notification, advertisement and sale, the warehouseman may specify in the notification any reasonable
shorter time for removal of the goods and in case the goods
are not removed, may sell them at public sale held not less
than one week after a single advertisement or posting.
(3) If as a result of a quality or condition of the goods of
which the warehouseman had no notice at the time of deposit
the goods are a hazard to other property or to the warehouse
or to persons, the warehouseman may sell the goods at public
or private sale without advertisement on reasonable notification to all persons known to claim an interest in the goods. If
the warehouseman after a reasonable effort is unable to sell
the goods he may dispose of them in any lawful manner and
shall incur no liability by reason of such disposition.
(4) The warehouseman must deliver the goods to any
person entitled to them under this Article upon due demand
made at any time prior to sale or other disposition under this
section.
(5) The warehouseman may satisfy his lien from the proceeds of any sale or disposition under this section but must
hold the balance for delivery on the demand of any person to
whom he would have been bound to deliver the goods. [1965
ex.s. c 157 § 7-206. Cf. former RCW 22.04.350; 1913 c 99 §
34; RRS § 3620.]
62A.7-207
62A.7-207 Goods must be kept separate; fungible
goods. (1) Unless the warehouse receipt otherwise provides,
a warehouseman must keep separate the goods covered by
each receipt so as to permit at all times identification and
delivery of those goods except that different lots of fungible
goods may be commingled.
(2) Fungible goods so commingled are owned in common by the persons entitled thereto and the warehouseman is
severally liable to each owner for that owner’s share. Where
because of over-issue a mass of fungible goods is insufficient
[Title 62A RCW—page 95]
62A.7-208
Title 62A RCW: Uniform Commercial Code
to meet all the receipts which the warehouseman has issued
against it, the persons entitled include all holders to whom
overissued receipts have been duly negotiated. [1965 ex.s. c
157 § 7-207. Cf. former RCW sections: (i) RCW 22.04.230;
1913 c 99 § 22; RRS § 3608; prior: 1891 c 134 § 3. (ii) RCW
22.04.240; 1913 c 99 § 23; RRS § 3609.]
62A.7-208
62A.7-208 Altered warehouse receipts. Where a
blank in a negotiable warehouse receipt has been filled in
without authority, a purchaser for value and without notice of
the want of authority may treat the insertion as authorized.
Any other unauthorized alteration leaves any receipt enforceable against the issuer according to its original tenor. [1965
ex.s. c 157 § 7-208. Cf. former RCW 22.04.140; 1913 c 99 §
13; RRS § 3599.]
62A.7-209
62A.7-209 Lien of warehouseman. (1) A warehouseman has a lien against the bailor on the goods covered by a
warehouse receipt or on the proceeds thereof in his possession for charges for storage or transportation (including
demurrage and terminal charges), insurance, labor, or
charges present or future in relation to the goods, and for
expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. If the person on
whose account the goods are held is liable for like charges or
expenses in relation to other goods whenever deposited and it
is stated in the receipt that a lien is claimed for charges and
expenses in relation to other goods, the warehouseman also
has a lien against him for such charges and expenses whether
or not the other goods have been delivered by the warehouseman. But against a person to whom a negotiable warehouse
receipt is duly negotiated a warehouseman’s lien is limited to
charges in an amount or at a rate specified on the receipt or if
no charges are so specified then to a reasonable charge for
storage of the goods covered by the receipt subsequent to the
date of the receipt. A warehouseman’s lien as provided in this
chapter takes priority over all other liens and perfected or
unperfected security interests.
(2) The warehouseman may also reserve a security interest against the bailor for a maximum amount specified on the
receipt for charges other than those specified in subsection
(1), such as for money advanced and interest. Such a security
interest is governed by the Article on Secured Transactions
(*Article 9).
(3) A warehouseman’s lien for charges and expenses
under subsection (1) or a security interest under subsection
(2) is also effective against any person who so entrusted the
bailor with possession of the goods that a pledge of them by
him to a good faith purchaser for value would have been valid
but is not effective against a person as to whom the document
confers no right in the goods covered by it under RCW
62A.7-503.
(4) A warehouseman loses his lien on any goods which
he voluntarily delivers or which he unjustifiably refuses to
deliver. [1987 c 395 § 1; 1965 ex.s. c 157 § 7-209. Cf. former
RCW sections: RCW 22.04.280 through 22.04.330; 1913 c
99 §§ 27 through 32; RRS §§ 3613 through 3618.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
[Title 62A RCW—page 96]
62A.7-210
62A.7-210 Enforcement of warehouseman’s lien. (1)
Except as provided in subsection (2), a warehouseman’s lien
may be enforced by public or private sale of the goods in bloc
or in parcels, at any time or place and on any terms which are
commercially reasonable, after notifying all persons known
to claim an interest in the goods. Such notification must
include a statement of the amount due, the nature of the proposed sale and the time and place of any public sale. The fact
that a better price could have been obtained by a sale at a different time or in a different method from that selected by the
warehouseman is not of itself sufficient to establish that the
sale was not made in a commercially reasonable manner. If
the warehouseman either sells the goods in the usual manner
in any recognized market therefor, or if he sells at the price
current in such market at the time of his sale, or if he has otherwise sold in conformity with commercially reasonable
practices among dealers in the type of goods sold, he has sold
in a commercially reasonable manner. A sale of more goods
than apparently necessary to be offered to insure satisfaction
of the obligation is not commercially reasonable except in
cases covered by the preceding sentence.
(2) A warehouseman’s lien on goods other than goods
stored by a merchant in the course of his business may be
enforced only as follows:
(a) All persons known to claim an interest in the goods
must be notified.
(b) The notification must be delivered in person or sent
by registered or certified letter to the last known address of
any person to be notified.
(c) The notification must include an itemized statement
of the claim, a description of the goods subject to the lien, a
demand for payment within a specified time not less than ten
days after receipt of the notification, and a conspicuous statement that unless the claim is paid within that time the goods
will be advertised for sale and sold by auction at a specified
time and place.
(d) The sale must conform to the terms of the notification.
(e) The sale must be held at the nearest suitable place to
that where the goods are held or stored.
(f) After the expiration of the time given in the notification, an advertisement of the sale must be published once a
week for two weeks consecutively in a newspaper of general
circulation where the sale is to be held. The advertisement
must include a description of the goods, the name of the person on whose account they are being held, and the time and
place of the sale. The sale must take place at least fifteen days
after the first publication. If there is no newspaper of general
circulation where the sale is to be held, the advertisement
must be posted at least ten days before the sale in not less than
six conspicuous places in the neighborhood of the proposed
sale.
(3) Before any sale pursuant to this section any person
claiming a right in the goods may pay the amount necessary
to satisfy the lien and the reasonable expenses incurred under
this section. In that event the goods must not be sold, but must
be retained by the warehouseman subject to the terms of the
receipt and this Article.
(4) The warehouseman may buy at any public sale pursuant to this section.
(2006 Ed.)
Warehouse Receipts, Bills of Lading and Other Documents of Title
(5) A purchaser in good faith of goods sold to enforce a
warehouseman’s lien takes the goods free of any rights of
persons against whom the lien was valid, despite noncompliance by the warehouseman with the requirements of this section.
(6) The warehouseman may satisfy his lien from the proceeds of any sale pursuant to this section but must hold the
balance, if any, for delivery on demand to any person to
whom he would have been bound to deliver the goods.
(7) The rights provided by this section shall be in addition to all other rights allowed by law to a creditor against his
debtor.
(8) Where a lien is on goods stored by a merchant in the
course of his business the lien may be enforced in accordance
with either subsection (1) or (2).
(9) The warehouseman is liable for damages caused by
failure to comply with the requirements for sale under this
section and in case of willful violation is liable for conversion. [1965 ex.s. c 157 § 7-210. Cf. former RCW sections:
RCW 22.04.340, 22.04.360, and 22.04.370; 1913 c 99 §§ 33,
35, and 36; RRS §§ 3619, 3621, and 3622.]
PART 3
BILLS OF LADING: SPECIAL PROVISIONS
62A.7-301
62A.7-301 Liability for non-receipt or misdescription; "said to contain"; "shipper’s load and count";
improper handling. (1) A consignee of a non-negotiable
bill who has given value in good faith or a holder to whom a
negotiable bill has been duly negotiated relying in either case
upon the description therein of the goods, or upon the date
therein shown, may recover from the issuer damages caused
by the misdating of the bill or the nonreceipt or misdescription of the goods, except to the extent that the document indicates that the issuer does not know whether any part or all of
the goods in fact were received or conform to the description,
as where the description is in terms of marks or labels or kind,
quantity, or condition or the receipt or description is qualified
by "contents or condition of contents of packages unknown",
"said to contain", "shipper’s weight, load and count" or the
like, if such indication be true.
(2) When goods are loaded by an issuer who is a common carrier, the issuer must count the packages of goods if
package freight and ascertain the kind and quantity if bulk
freight. In such cases "shipper’s weight, load and count" or
other words indicating that the description was made by the
shipper are ineffective except as to freight concealed by packages.
(3) When bulk freight is loaded by a shipper who makes
available to the issuer adequate facilities for weighing such
freight, an issuer who is a common carrier must ascertain the
kind and quantity within a reasonable time after receiving the
written request of the shipper to do so. In such cases "shipper’s weight" or other words of like purport are ineffective.
(4) The issuer may by inserting in the bill the words
"shipper’s weight, load and count" or other words of like purport indicate that the goods were loaded by the shipper; and if
such statement be true the issuer shall not be liable for damages caused by the improper loading. But their omission does
not imply liability for such damages.
(2006 Ed.)
62A.7-303
(5) The shipper shall be deemed to have guaranteed to
the issuer the accuracy at the time of shipment of the description, marks, labels, number, kind, quantity, condition and
weight, as furnished by him; and the shipper shall indemnify
the issuer against damage caused by inaccuracies in such particulars. The right of the issuer to such indemnity shall in no
way limit his responsibility and liability under the contract of
carriage to any person other than the shipper. [1965 ex.s. c
157 § 7-301. Cf. former RCW 81.32.231; 1961 c 14 §
81.32.231; prior: 1915 c 159 § 23; RRS § 3669; formerly
RCW 81.32.240.]
62A.7-302
62A.7-302 Through bills of lading and similar documents. (1) The issuer of a through bill of lading or other document embodying an undertaking to be performed in part by
persons acting as its agents or by connecting carriers is liable
to anyone entitled to recover on the document for any breach
by such other persons or by a connecting carrier of its obligation under the document but to the extent that the bill covers
an undertaking to be performed overseas or in territory not
contiguous to the continental United States or an undertaking
including matters other than transportation this liability may
be varied by agreement of the parties.
(2) Where goods covered by a through bill of lading or
other document embodying an undertaking to be performed
in part by persons other than the issuer are received by any
such person, he is subject with respect to his own performance while the goods are in his possession to the obligation
of the issuer. His obligation is discharged by delivery of the
goods to another such person pursuant to the document, and
does not include liability for breach by any other such persons or by the issuer.
(3) The issuer of such through bill of lading or other document shall be entitled to recover from the connecting carrier
or such other person in possession of the goods when the
breach of the obligation under the document occurred, the
amount it may be required to pay to anyone entitled to
recover on the document therefor, as may be evidenced by
any receipt, judgment, or transcript thereof, and the amount
of any expense reasonably incurred by it in defending any
action brought by anyone entitled to recover on the document
therefor. [1965 ex.s. c 157 § 7-302.]
62A.7-303
62A.7-303 Diversion; reconsignment; change of
instructions. (1) Unless the bill of lading otherwise provides, the carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods on instructions from
(a) the holder of a negotiable bill; or
(b) the consignor on a non-negotiable bill notwithstanding contrary instructions from the consignee; or
(c) the consignee on a non-negotiable bill in the absence
of contrary instructions from the consignor, if the goods have
arrived at the billed destination or if the consignee is in possession of the bill; or
(d) the consignee on a non-negotiable bill if he is entitled
as against the consignor to dispose of them.
(2) Unless such instructions are noted on a negotiable
bill of lading, a person to whom the bill is duly negotiated can
[Title 62A RCW—page 97]
62A.7-304
Title 62A RCW: Uniform Commercial Code
hold the bailee according to the original terms. [1965 ex.s. c
157 § 7-303.]
62A.7-304
62A.7-304 Bills of lading in a set. (1) Except where
customary in overseas transportation, a bill of lading must not
be issued in a set of parts. The issuer is liable for damages
caused by violation of this subsection.
(2) Where a bill of lading is lawfully drawn in a set of
parts, each of which is numbered and expressed to be valid
only if the goods have not been delivered against any other
part, the whole of the parts constitute one bill.
(3) Where a bill of lading is lawfully issued in a set of
parts and different parts are negotiated to different persons,
the title of the holder to whom the first due negotiation is
made prevails as to both the document and the goods even
though any later holder may have received the goods from the
carrier in good faith and discharged the carrier’s obligation
by surrender of his part.
(4) Any person who negotiates or transfers a single part
of a bill of lading drawn in a set is liable to holders of that part
as if it were the whole set.
(5) The bailee is obliged to deliver in accordance with
Part 4 of this Article against the first presented part of a bill
of lading lawfully drawn in a set. Such delivery discharges
the bailee’s obligation on the whole bill. [1965 ex.s. c 157 §
7-304. Cf. former RCW 81.32.061; 1961 c 14 § 81.32.061;
prior: 1915 c 159 § 6; RRS § 3652; formerly RCW
81.32.070.]
62A.7-305
62A.7-305 Destination bills. (1) Instead of issuing a
bill of lading to the consignor at the place of shipment a carrier may at the request of the consignor procure the bill to be
issued at destination or at any other place designated in the
request.
(2) Upon request of anyone entitled as against the carrier
to control the goods while in transit and on surrender of any
outstanding bill of lading or other receipt covering such
goods, the issuer may procure a substitute bill to be issued at
any place designated in the request. [1965 ex.s. c 157 § 7305.]
62A.7-306
62A.7-306 Altered bills of lading. An unauthorized
alteration or filling in of a blank in a bill of lading leaves the
bill enforceable according to its original tenor. [1965 ex.s. c
157 § 7-306. Cf. former RCW 81.32.161; 1961 c 14 §
81.32.161; prior: 1915 c 159 § 16; RRS § 3662; formerly
RCW 81.32.170.]
62A.7-307
62A.7-307 Lien of carrier. (1) A carrier has a lien on
the goods covered by a bill of lading for charges subsequent
to the date of its receipt of the goods for storage or transportation (including demurrage and terminal charges) and for
expenses necessary for preservation of the goods incident to
their transportation or reasonably incurred in their sale pursuant to law. But against a purchaser for value of a negotiable
bill of lading a carrier’s lien is limited to charges stated in the
bill or the applicable tariffs, or if no charges are stated then to
a reasonable charge.
(2) A lien for charges and expenses under subsection (1)
on goods which the carrier was required by law to receive for
[Title 62A RCW—page 98]
transportation is effective against the consignor or any person
entitled to the goods unless the carrier had notice that the consignor lacked authority to subject the goods to such charges
and expenses. Any other lien under subsection (1) is effective
against the consignor and any person who permitted the
bailor to have control or possession of the goods unless the
carrier had notice that the bailor lacked such authority.
(3) A carrier loses his lien on any goods which he voluntarily delivers or which he unjustifiably refuses to deliver.
[1965 ex.s. c 157 § 7-307. Cf. former RCW sections: RCW
22.04.280 through 22.04.330; 1913 c 99 §§ 27 through 32;
RRS §§ 3613 through 3618.]
62A.7-308
62A.7-308 Enforcement of carrier’s lien. (1) A carrier’s lien may be enforced by public or private sale of the
goods, in bloc or in parcels, at any time or place and on any
terms which are commercially reasonable, after notifying all
persons known to claim an interest in the goods. Such notification must include a statement of the amount due, the nature
of the proposed sale and the time and place of any public sale.
The fact that a better price could have been obtained by a sale
at a different time or in a different method from that selected
by the carrier is not of itself sufficient to establish that the sale
was not made in a commercially reasonable manner. If the
carrier either sells the goods in the usual manner in any recognized market therefor or if he sells at the price current in
such market at the time of his sale or if he has otherwise sold
in conformity with commercially reasonable practices among
dealers in the type of goods sold he has sold in a commercially reasonable manner. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the
obligation is not commercially reasonable except in cases
covered by the preceding sentence.
(2) Before any sale pursuant to this section any person
claiming a right in the goods may pay the amount necessary
to satisfy the lien and the reasonable expenses incurred under
this section. In that event the goods must not be sold, but must
be retained by the carrier subject to the terms of the bill and
this Article.
(3) The carrier may buy at any public sale pursuant to
this section.
(4) A purchaser in good faith of goods sold to enforce a
carrier’s lien takes the goods free of any rights of persons
against whom the lien was valid, despite noncompliance by
the carrier with the requirements of this section.
(5) The carrier may satisfy his lien from the proceeds of
any sale pursuant to this section but must hold the balance, if
any, for delivery on demand to any person to whom he would
have been bound to deliver the goods.
(6) The rights provided by this section shall be in addition to all other rights allowed by law to a creditor against his
debtor.
(7) A carrier’s lien may be enforced in accordance with
either subsection (1) or the procedure set forth in subsection
(2) of RCW 62A.7-210.
(8) The carrier is liable for damages caused by failure to
comply with the requirements for sale under this section and
in case of willful violation is liable for conversion. [1965
ex.s. c 157 § 7-308. Cf. former RCW 22.04.340; 1913 c 99 §
33; RRS § 3619.]
(2006 Ed.)
Warehouse Receipts, Bills of Lading and Other Documents of Title
62A.7-309 Duty of care; contractual limitation of
carrier’s liability. Save as otherwise provided in RCW
81.29.010 and 81.29.020
(1) A carrier who issues a bill of lading whether negotiable or non-negotiable must exercise the degree of care in relation to the goods which a reasonably careful man would exercise under like circumstances.
(2) Damages may be limited by a provision that the carrier’s liability shall not exceed a value stated in the document
if the carrier’s rates are dependent upon value and the consignor by the carrier’s tariff is afforded an opportunity to
declare a higher value or a value as lawfully provided in the
tariff, or where no tariff is filed he is otherwise advised of
such opportunity; but no such limitation is effective with
respect to the carrier’s liability for conversion to its own use.
(3) Reasonable provisions as to the time and manner of
presenting claims and instituting actions based on the shipment may be included in a bill of lading or tariff. [1965 ex.s.
c 157 § 7-309. Cf. former RCW 81.32.031; 1961 c 14 §
81.32.031; prior: 1915 c 159 § 3; RRS § 3649; formerly
RCW 81.32.040.]
62A.7-309
Common carriers—Limitation on liability: Chapter 81.29 RCW.
PART 4
WAREHOUSE RECEIPTS AND BILLS OF LADING:
GENERAL OBLIGATIONS
62A.7-401 Irregularities in issue of receipt or bill or
conduct of issuer. The obligations imposed by this Article
on an issuer apply to a document of title regardless of the fact
that
(a) the document may not comply with the requirements
of this Article or of any other law or regulation regarding its
issue, form or content; or
(b) the issuer may have violated laws regulating the conduct of his business; or
(c) the goods covered by the document were owned by
the bailee at the time the document was issued; or
(d) the person issuing the document does not come
within the definition of warehouseman if it purports to be a
warehouse receipt. [1965 ex.s. c 157 § 7-401. Cf. former
RCW sections: (i) RCW 22.04.210; 1913 c 99 § 20; RRS §
3606. (ii) RCW 81.32.231; 1961 c 14 § 81.32.231; prior:
1915 c 159 § 23; RRS § 3669; formerly RCW 81.32.240.]
62A.7-401
62A.7-402 Duplicate receipt or bill; overissue. Neither a duplicate nor any other document of title purporting to
cover goods already represented by an outstanding document
of the same issuer confers any right in the goods, except as
provided in the case of bills in a set, overissue of documents
for fungible goods and substitutes for lost, stolen or destroyed
documents. But the issuer is liable for damages caused by his
overissue or failure to identify a duplicate document as such
by conspicuous notation on its face. [1965 ex.s. c 157 § 7402. Cf. former RCW sections: (i) RCW 22.04.070; 1913 c
99 § 6; RRS § 3592; prior: 1886 p 121 § 5. (ii) RCW
81.32.071; 1961 c 14 § 81.32.071; prior: 1915 c 159 § 7;
RRS § 3653; formerly RCW 81.32.080.]
62A.7-402
62A.7-403 Obligation of warehouseman or carrier to
deliver; excuse. (1) The bailee must deliver the goods to a
62A.7-403
(2006 Ed.)
62A.7-404
person entitled under the document who complies with subsections (2) and (3), unless and to the extent that the bailee
establishes any of the following:
(a) delivery of the goods to a person whose receipt was
rightful as against the claimant;
(b) damage to or delay, loss or destruction of the goods
for which the bailee is not liable;
(c) previous sale or other disposition of the goods in lawful enforcement of a lien or on warehouseman’s lawful termination of storage;
(d) the exercise by a seller of his right to stop delivery
pursuant to the provisions of the Article on Sales (RCW
62A.2-705);
(e) a diversion, reconsignment or other disposition pursuant to the provisions of this Article (RCW 62A.7-303) or
tariff regulating such right;
(f) release, satisfaction or any other fact affording a personal defense against the claimant;
(g) any other lawful excuse.
(2) A person claiming goods covered by a document of
title must satisfy the bailee’s lien where the bailee so requests
or where the bailee is prohibited by law from delivering the
goods until the charges are paid.
(3) Unless the person claiming is one against whom the
document confers no right under RCW 62A.7-503(1), he
must surrender for cancellation or notation of partial deliveries any outstanding negotiable document covering the goods,
and the bailee must cancel the document or conspicuously
note the partial delivery thereon or be liable to any person to
whom the document is duly negotiated.
(4) "Person entitled under the document" means holder
in the case of a negotiable document, or the person to whom
delivery is to be made by the terms of or pursuant to written
instructions under a non-negotiable document. [1965 ex.s. c
157 § 7-403. Cf. former RCW sections: (i) RCW 22.04.090,
and 22.04.100; 1913 c 99 §§ 8 and 9; RRS §§ 3594, and
3595; prior: 1891 c 134 §§ 6, and 7. (ii) RCW 22.04.110,
22.04.130, 22.04.170, and 22.04.200; 1913 c 99 §§ 10, 12,
16, and 19; RRS §§ 3596, 3598, 3602, and 3605. (iii) RCW
22.04.120; 1913 c 99 § 11; RRS § 3597; prior: 1886 p 121 §
7. (iv) RCW 81.32.111 through 81.32.151, 81.32.191, and
81.32.221; 1961 c 14 §§ 81.32.111 through 81.32.151,
81.32.191, and 81.32.221; 1915 c 159 §§ 11 through 15, 19,
and 22; RRS §§ 3657 through 3661, 3665, and 3668; formerly RCW 81.32.120 through 81.32.160, 81.32.200, and
81.32.230.]
62A.7-404
62A.7-404 No liability for good faith delivery pursuant to receipt or bill. A bailee who in good faith including
observance of reasonable commercial standards has received
goods and delivered or otherwise disposed of them according
to the terms of the document of title or pursuant to this Article
is not liable therefor. This rule applies even though the person
from whom he received the goods had no authority to procure
the document or to dispose of the goods and even though the
person to whom he delivered the goods had no authority to
receive them. [1965 ex.s. c 157 § 7-404. Cf. former RCW
sections: (i) RCW 22.04.110; 1913 c 99 § 10; RRS § 3596.
(ii) RCW 81.32.131; 1961 c 14 § 81.32.131; prior: 1915 c
159 § 13; RRS § 3659; formerly RCW 81.32.140.]
[Title 62A RCW—page 99]
62A.7-501
Title 62A RCW: Uniform Commercial Code
PART 5
WAREHOUSE RECEIPTS AND BILLS OF LADING:
NEGOTIATION AND TRANSFER
62A.7-501
62A.7-501 Form of negotiation and requirements of
"due negotiation". (1) A negotiable document of title running to the order of a named person is negotiated by his
indorsement and delivery. After his indorsement in blank or
to bearer any person can negotiate it by delivery alone.
(2) (a) A negotiable document of title is also negotiated
by delivery alone when by its original terms it runs to bearer;
(b) when a document running to the order of a named
person is delivered to him the effect is the same as if the document had been negotiated.
(3) Negotiation of a negotiable document of title after it
has been indorsed to a specified person requires indorsement
by the special indorsee as well as delivery.
(4) A negotiable document of title is "duly negotiated"
when it is negotiated in the manner stated in this section to a
holder who purchases it in good faith without notice of any
defense against or claim to it on the part of any person and for
value, unless it is established that the negotiation is not in the
regular course of business or financing or involves receiving
the document in settlement or payment of a money obligation.
(5) Indorsement of a non-negotiable document neither
makes it negotiable nor adds to the transferee’s rights.
(6) The naming in a negotiable bill of a person to be notified of the arrival of the goods does not limit the negotiability
of the bill nor constitute notice to a purchaser thereof of any
interest of such person in the goods. [1965 ex.s. c 157 § 7501. Cf. former RCW sections: (i) RCW 22.04.380 through
22.04.410, and 22.04.480; 1913 c 99 §§ 37 through 40, and
47; RRS §§ 3623 through 3626, and 3633. (ii) RCW
63.04.290, 63.04.300, 63.04.320, 63.04.330, and 63.04.390;
1925 ex.s. c 142 §§ 28, 29, 31, 32, and 38; RRS §§ 5836-28,
5836-29, 5836-31, 5836-32 and 5836-38. (iii) RCW
81.32.281 through 81.32.311, and 81.32.381; 1961 c 14 §§
81.32.281 through 81.32.311, and 81.32.381; prior: 1915 c
159 §§ 28 through 31, and 38; RRS §§ 3674 through 3677,
and 3684; formerly RCW 81.32.370 through 81.32.400, and
81.32.470.]
62A.7-502
62A.7-502 Rights acquired by due negotiation. (1)
Subject to the following section and to the provisions of
RCW 62A.7-205 on fungible goods, a holder to whom a
negotiable document of title has been duly negotiated
acquires thereby:
(a) title to the document;
(b) title to the goods;
(c) all rights accruing under the law of agency or estoppel, including rights to goods delivered to the bailee after the
document was issued; and
(d) the direct obligation of the issuer to hold or deliver
the goods according to the terms of the document free of any
defense or claim by him except those arising under the terms
of the document or under this Article. In the case of a delivery
order the bailee’s obligation accrues only upon acceptance
and the obligation acquired by the holder is that the issuer and
any indorser will procure the acceptance of the bailee.
[Title 62A RCW—page 100]
(2) Subject to the following section, title and rights so
acquired are not defeated by any stoppage of the goods represented by the document or by surrender of such goods by the
bailee, and are not impaired even though the negotiation or
any prior negotiation constituted a breach of duty or even
though any person has been deprived of possession of the
document by misrepresentation, fraud, accident, mistake,
duress, loss, theft or conversion, or even though a previous
sale or other transfer of the goods or document has been made
to a third person. [1965 ex.s. c 157 § 7-502. Cf. former RCW
sections: (i) RCW 22.04.420, and 22.04.480 through
22.04.500; 1913 c 99 §§ 41, and 47 through 49; RRS §§ 3627,
and 3633 through 3635. (ii) RCW 63.04.210(4), 63.04.260,
63.04.340, 63.04.390, and 63.04.630; 1925 ex.s. c 142 §§ 20,
25, 33, 38, and 62; RRS §§ 5836-20, 5836-25, 5836-33,
5836-38, and 5836-62. (iii) RCW 81.32.321, 81.32.381,
81.32.391, 81.32.401, and 81.32.421; 1961 c 14 §§
81.32.321, 81.32.381, 81.32.391, 81.32.401, and 81.32.421;
prior: 1915 c 159 §§ 32, 38, 39, 40, and 42; RRS §§ 3678,
3684, 3685, 3686, and 3688; formerly RCW 81.32.410,
81.32.470, 81.32.480, 81.32.490, and 81.32.510.]
62A.7-503
62A.7-503 Document of title to goods defeated in certain cases. (1) A document of title confers no right in goods
against a person who before issuance of the document had a
legal interest or a perfected security interest in them and who
neither
(a) delivered or entrusted them or any document of title
covering them to the bailor or his nominee with actual or
apparent authority to ship, store or sell or with power to
obtain delivery under this Article (RCW 62A.7-403) or with
power of disposition under this Title (RCW 62A.2-403 and
62A.9A-320) or other statute or rule of law; nor
(b) acquiesced in the procurement by the bailor or his
nominee of any document of title.
(2) Title to goods based upon an unaccepted delivery
order is subject to the rights of anyone to whom a negotiable
warehouse receipt or bill of lading covering the goods has
been duly negotiated. Such a title may be defeated under the
next section to the same extent as the rights of the issuer or a
transferee from the issuer.
(3) Title to goods based upon a bill of lading issued to a
freight forwarder is subject to the rights of anyone to whom a
bill issued by the freight forwarder is duly negotiated; but
delivery by the carrier in accordance with Part 4 of this Article pursuant to its own bill of lading discharges the carrier’s
obligation to deliver. [2000 c 250 § 9A-814; 1965 ex.s. c 157
§ 7-503. Cf. former RCW sections: (i) RCW 22.04.420; 1913
c 99 § 41; RRS § 3627. (ii) RCW 63.04.340; 1925 ex.s. c 142
§ 33; RRS § 5836-33. (iii) RCW 81.32.321; 1961 c 14 §
81.32.321; prior: 1915 c 159 § 32; RRS § 3678; formerly
RCW 81.32.410.]
Effective date—2000 c 250: See RCW 62A.9A-701.
62A.7-504
62A.7-504 Rights acquired in the absence of due
negotiation; effect of diversion; seller’s stoppage of delivery. (1) A transferee of a document, whether negotiable or
non-negotiable, to whom the document has been delivered
but not duly negotiated, acquires the title and rights which his
transferor had or had actual authority to convey.
(2006 Ed.)
Warehouse Receipts, Bills of Lading and Other Documents of Title
(2) In the case of a non-negotiable document, until but
not after the bailee receives notification of the transfer, the
rights of the transferee may be defeated
(a) by those creditors of the transferor who could treat
the sale as void under RCW 62A.7-402; or
(b) by a buyer from the transferor in ordinary course of
business if the bailee has delivered the goods to the buyer or
received notification of his rights; or
(c) as against the bailee by good faith dealings of the bailee with the transferor.
(3) A diversion or other change of shipping instructions
by the consignor in a non-negotiable bill of lading which
causes the bailee not to deliver to the consignee defeats the
consignee’s title to the goods if they have been delivered to a
buyer in ordinary course of business and in any event defeats
the consignee’s rights against the bailee.
(4) Delivery pursuant to a non-negotiable document may
be stopped by a seller under RCW 62A.2-705, and subject to
the requirement of due notification there provided. A bailee
honoring the seller’s instructions is entitled to be indemnified
by the seller against any resulting loss or expense. [1965
ex.s. c 157 § 7-504. Cf. former RCW sections: (i) RCW
22.04.420(2) and 22.04.430; 1913 c 99 §§ 41 and 42; RRS §§
3627, and 3628. (ii) RCW 63.04.350; 1925 ex.s. c 142 § 34;
RRS § 5834-34. (iii) RCW 81.32.321(2) and 81.32.331; 1961
c 14 §§ 81.32.321 and 81.32.331; prior: 1915 c 159 §§ 32
and 33; RRS §§ 3678 and 3679; formerly RCW 81.32.410
and 81.32.420.]
62A.7-505
62A.7-505 Indorser not a guarantor for other parties. The indorsement of a document of title issued by a bailee does not make the indorser liable for any default by the
bailee or by previous indorsers. [1965 ex.s. c 157 § 7-505.
Cf. former RCW sections: (i) RCW 22.04.460; 1913 c 99 §
45; RRS § 3631. (ii) RCW 63.04.380; 1925 ex.s. c 142 § 37;
RRS § 5836-37. (iii) RCW 81.32.361; 1961 c 14 § 81.32.361;
prior: 1915 c 159 § 36; RRS § 3682; formerly RCW
81.32.450.]
62A.7-506
62A.7-506 Delivery without indorsement: Right to
compel indorsement. The transferee of a negotiable document of title has a specifically enforceable right to have his
transferor supply any necessary indorsement but the transfer
becomes a negotiation only as of the time the indorsement is
supplied. [1965 ex.s. c 157 § 7-506. Cf. former RCW sections: (i) RCW 22.04.440; 1913 c 99 § 43; RRS § 3629. (ii)
RCW 63.04.360; 1925 ex.s. c 142 § 35; RRS § 5836-35. (iii)
RCW 81.32.341; 1961 c 14 § 81.32.341; prior: 1915 c 159 §
34; RRS § 3680; formerly RCW 81.32.430.]
62A.7-507
62A.7-507 Warranties on negotiation or transfer of
receipt or bill. Where a person negotiates or transfers a document of title for value otherwise than as a mere intermediary
under the next following section, then unless otherwise
agreed he warrants to his immediate purchaser only in addition to any warranty made in selling the goods
(a) that the document is genuine; and
(b) that he has no knowledge of any fact which would
impair its validity or worth; and
(2006 Ed.)
62A.7-602
(c) that his negotiation or transfer is rightful and fully
effective with respect to the title to the document and the
goods it represents. [1965 ex.s. c 157 § 7-507. Cf. former
RCW sections: (i) RCW 22.04.450; 1913 c 99 § 44; RRS §
3630. (ii) RCW 63.04.370; 1925 ex.s. c 142 § 36; RRS §
5836-36. (iii) RCW 81.32.351; 1961 c 14 § 81.32.351; prior:
1915 c 159 § 35; RRS § 3681; formerly RCW 81.32.440.]
62A.7-508
62A.7-508 Warranties of collecting bank as to documents. A collecting bank or other intermediary known to be
entrusted with documents on behalf of another or with collection of a draft or other claim against delivery of documents
warrants by such delivery of the documents only its own
good faith and authority. This rule applies even though the
intermediary has purchased or made advances against the
claim or draft to be collected. [1965 ex.s. c 157 § 7-508. Cf.
former RCW sections: (i) RCW 22.04.470; 1913 c 99 § 46;
RRS § 3632. (ii) RCW 81.32.371; 1961 c 14 § 81.32.371;
prior: 1915 c 159 § 37; RRS § 3683; formerly RCW
81.32.460.]
62A.7-509
62A.7-509 Receipt or bill: When adequate compliance with commercial contract. The question whether a
document is adequate to fulfill the obligations of a contract
for sale or the conditions of a credit is governed by the Articles on Sales (Article 2) and on Letters of Credit (Article 5).
[1965 ex.s. c 157 § 7-509.]
PART 6
WAREHOUSE RECEIPTS AND BILLS OF LADING:
MISCELLANEOUS PROVISIONS
62A.7-601
62A.7-601 Lost and missing documents. (1) If a document has been lost, stolen or destroyed, a court may order
delivery of the goods or issuance of a substitute document
and the bailee may without liability to any person comply
with such order. If the document was negotiable the claimant
must post security approved by the court to indemnify any
person who may suffer loss as a result of non-surrender of the
document. If the document was not negotiable, such security
may be required at the discretion of the court. The court may
also in its discretion order payment of the bailee’s reasonable
costs and counsel fees.
(2) A bailee who without court order delivers goods to a
person claiming under a missing negotiable document is liable to any person injured thereby, and if the delivery is not in
good faith becomes liable for conversion. Delivery in good
faith is not conversion if made in accordance with a filed
classification or tariff or, where no classification or tariff is
filed, if the claimant posts security with the bailee in an
amount at least double the value of the goods at the time of
posting to indemnify any person injured by the delivery who
files a notice of claim within one year after the delivery.
[1965 ex.s. c 157 § 7-601. Cf. former RCW sections: (i)
RCW 22.04.150; 1913 c 99 § 14; RRS § 3600. (ii) RCW
81.32.171; 1961 c 14 § 81.32.171; prior: 1915 c 159 § 17;
RRS § 3663; formerly RCW 81.32.180.]
62A.7-602
62A.7-602 Attachment of goods covered by a negotiable document. Except where the document was originally
[Title 62A RCW—page 101]
62A.7-603
Title 62A RCW: Uniform Commercial Code
issued upon delivery of the goods by a person who had no
power to dispose of them, no lien attaches by virtue of any
judicial process to goods in the possession of a bailee for
which a negotiable document of title is outstanding unless the
document be first surrendered to the bailee or its negotiation
enjoined, and the bailee shall not be compelled to deliver the
goods pursuant to process until the document is surrendered
to him or impounded by the court. One who purchases the
document for value without notice of the process or injunction takes free of the lien imposed by judicial process. [1965
ex.s. c 157 § 7-602. Cf. former RCW sections: (i) RCW
22.04.260; 1913 c 99 § 25; RRS § 3611. (ii) RCW 81.32.241;
1961 c 14 § 81.32.241; prior: 1915 c 159 § 24; RRS § 3670;
formerly RCW 81.32.250.]
PART 3
TRANSFER OF CERTIFICATED AND
UNCERTIFICATED SECURITIES
62A.8-301
62A.8-302
62A.8-303
62A.8-304
62A.8-305
62A.8-306
62A.8-307
PART 4
REGISTRATION
62A.8-401
62A.8-402
62A.8-403
62A.8-404
62A.8-405
62A.7-603
62A.7-603 Conflicting claims; interpleader. If more
than one person claims title or possession of the goods, the
bailee is excused from delivery until he has had a reasonable
time to ascertain the validity of the adverse claims or to bring
an action to compel all claimants to interplead and may compel such interpleader, either in defending an action for nondelivery of the goods, or by original action, whichever is
appropriate. [1965 ex.s. c 157 § 7-603. Cf. former RCW sections: (i) RCW 22.04.170 and 22.04.180; 1913 c 99 §§ 16
and 17; RRS §§ 3602 and 3603. (ii) RCW 81.32.201 and
81.32.211; 1961 c 14 §§ 81.32.201 and 81.32.211; prior:
1915 c 159 §§ 20 and 21; RRS §§ 3666 and 3667; formerly
RCW 81.32.210 and 81.32.220.]
Article 8
Article 8
INVESTMENT SECURITIES
Sections
62A.8-101
62A.8-102
62A.8-103
62A.8-104
62A.8-105
62A.8-106
62A.8-107
62A.8-108
62A.8-109
62A.8-110
62A.8-111
62A.8-112
62A.8-113
62A.8-114
62A.8-115
62A.8-116
Short title.
Definitions.
Rules for determining whether certain obligations and interests
are securities or financial assets.
Acquisition of security or financial asset or interest therein.
Notice of adverse claim.
Control.
Whether indorsement, instruction, or entitlement is effective.
Warranties in direct holding.
Warranties in indirect holding.
Applicability; choice of law.
Clearing corporation rules.
Creditor’s legal process.
Statute of frauds inapplicable.
Evidentiary rules concerning certificated securities.
Securities intermediary and others not liable to adverse claimant.
Securities intermediary as purchaser for value.
PART 2
ISSUE AND ISSUER
62A.8-201
62A.8-202
62A.8-203
62A.8-204
62A.8-205
62A.8-206
62A.8-207
62A.8-208
62A.8-209
62A.8-210
62A.8-406
62A.8-407
Issuer.
Issuer’s responsibility and defenses; notice of defect or
defense.
Staleness as notice of defect or defense.
Effect of issuer’s restrictions on transfer.
Effect of unauthorized signature on security certificate.
Completion or alteration of security certificate.
Rights and duties of issuer with respect to registered owners.
Effect of signature of authenticating trustee, registrar, or transfer agent.
Issuer’s lien.
Overissue.
[Title 62A RCW—page 102]
Duty of issuer to register transfer.
Assurance that indorsement or instruction is effective.
Demand that issuer not register transfer.
Wrongful registration.
Replacement of lost, destroyed, or wrongfully taken security
certificate.
Obligation to notify issuer of lost, destroyed, or wrongfully
taken security certificate.
Authenticating trustee, transfer agent, and registrar.
PART 5
SECURITY ENTITLEMENTS
62A.8-501
62A.8-502
62A.8-503
62A.8-504
62A.8-505
62A.8-506
62A.8-507
62A.8-508
62A.8-509
62A.8-510
PART 1
SHORT TITLE AND GENERAL MATTERS
Delivery.
Rights of purchaser.
Protected purchaser.
Indorsement.
Instruction.
Effect of guaranteeing signature, indorsement, or instruction.
Purchaser’s right to requisites for registration of transfer.
62A.8-511
Securities account; acquisition of security entitlement from
securities intermediary.
Assertion of adverse claim against entitlement holder.
Property interest of entitlement holder in financial asset held
by securities intermediary.
Duty of securities intermediary to maintain financial asset.
Duty of securities intermediary with respect to payments and
distributions.
Duty of securities intermediary to exercise rights as directed
by entitlement holder.
Duty of securities intermediary to comply with entitlement
order.
Duty of securities intermediary to change entitlement holder’s
position to other form of security holding.
Specification of duties of securities intermediary by other statute or regulation; manner of performance of duties of securities intermediary and exercise of rights of entitlement holder.
Rights of purchaser of security entitlement from entitlement
holder.
Priority among security interests and entitlement holders.
PART 6
TRANSITION PROVISIONS FOR REVISED ARTICLE 8 AND
CONFORMING AMENDMENTS TO ARTICLES 1, 5, 9, AND 10
62A.8-601
Savings clause.
PART 1
SHORT TITLE AND GENERAL MATTERS
62A.8-101
62A.8-101 Short title. This Article may be cited as
Uniform Commercial Code—Investment Securities. [1995 c
48 § 1; 1965 ex.s. c 157 § 8-101.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-102
62A.8-102 Definitions. (1) In this Article:
(a) "Adverse claim" means a claim that a claimant has a
property interest in a financial asset and that it is a violation
of the rights of the claimant for another person to hold, transfer, or deal with the financial asset.
(b) "Bearer form," as applied to a certificated security,
means a form in which the security is payable to the bearer of
the security certificate according to its terms but not by reason of an indorsement.
(c) "Broker" means a person defined as a broker or dealer
under the federal securities laws, but without excluding a
bank acting in that capacity.
(2006 Ed.)
Investment Securities
(d) "Certificated security" means a security that is represented by a certificate.
(e) "Clearing corporation" means:
(i) A person that is registered as a "clearing agency"
under the federal securities laws;
(ii) A federal reserve bank; or
(iii) Any other person that provides clearance or settlement services with respect to financial assets that would
require it to register as a clearing agency under the federal
securities laws but for an exclusion or exemption from the
registration requirement, if its activities as a clearing corporation, including adoption of rules, are subject to regulation by
a federal or state governmental authority.
(f) "Communicate" means to:
(i) Send a signed writing; or
(ii) Transmit information by any mechanism agreed
upon by the persons transmitting and receiving the information.
(g) "Entitlement holder" means a person identified in the
records of a securities intermediary as the person having a
security entitlement against the securities intermediary. If a
person acquires a security entitlement by virtue of RCW
62A.8-501(2) (b) or (c), that person is the entitlement holder.
(h) "Entitlement order" means a notification communicated to a securities intermediary directing transfer or
redemption of a financial asset to which the entitlement
holder has a security entitlement.
(i) "Financial asset," except as otherwise provided in
RCW 62A.8-103, means:
(i) A security;
(ii) An obligation of a person or a share, participation, or
other interest in a person or in property or an enterprise of a
person, which is, or is of a type, dealt in or traded on financial
markets, or which is recognized in any area in which it is
issued or dealt in as a medium for investment; or
(iii) Any property that is held by a securities intermediary for another person in a securities account if the securities
intermediary has expressly agreed with the other person that
the property is to be treated as a financial asset under this
Article.
As context requires, the term means either the interest itself
or the means by which a person’s claim to it is evidenced,
including a certificated or uncertificated security, a security
certificate, or a security entitlement.
(j) "Good faith," for purposes of the obligation of good
faith in the performance or enforcement of contracts or duties
within this Article, means honesty in fact and the observance
of reasonable commercial standards of fair dealing.
(k) "Indorsement" means a signature that alone or
accompanied by other words is made on a security certificate
in registered form or on a separate document for the purpose
of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it.
(l) "Instruction" means a notification communicated to
the issuer of an uncertificated security which directs that the
transfer of the security be registered or that the security be
redeemed.
(m) "Registered form," as applied to a certificated security, means a form in which:
(i) The security certificate specifies a person entitled to
the security; and
(2006 Ed.)
62A.8-103
(ii) A transfer of the security may be registered upon
books maintained for that purpose by or on behalf of the
issuer, or the security certificate so states.
(n) "Securities intermediary" means:
(i) A clearing corporation; or
(ii) A person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for
others and is acting in that capacity.
(o) "Security," except as otherwise provided in RCW
62A.8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an
enterprise of an issuer:
(i) Which is represented by a security certificate in
bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on
behalf of the issuer;
(ii) Which is one of a class or series or by its terms is
divisible into a class or series of shares, participations, interests, or obligations; and
(iii) Which:
(A) Is, or is of a type, dealt in or traded on securities
exchanges or securities markets; or
(B) Is a medium for investment and by its terms
expressly provides that it is a security governed by this Article.
(p) "Security certificate" means a certificate representing
a security.
(q) "Security entitlement" means the rights and property
interest of an entitlement holder with respect to a financial
asset specified in Part 5 of this Article.
(r) "Uncertificated security" means a security that is not
represented by a certificate.
(2) Other definitions applying to this Article and the sections in which they appear are:
Appropriate person
RCW 62A.8-107
Control
RCW 62A.8-106
Delivery
RCW 62A.8-301
Investment company security RCW 62A.8-103
Issuer
RCW 62A.8-201
Overissue
RCW 62A.8-210
Protected purchaser
RCW 62A.8-303
Securities account
RCW 62A.8-501
(3) In addition Article 1 contains general definitions and
principles of construction and interpretation applicable
throughout this Article.
(4) The characterization of a person, business, or transaction for purposes of this Article does not determine the characterization of the person, business, or transaction for purposes of any other law, regulation, or rule. [1995 c 48 § 2;
1986 c 35 § 1; 1973 c 98 § 1; 1965 ex.s. c 157 § 8-102. Cf.
former RCW 62.01.001; 1955 c 35 § 62.01.001; prior: 1899
c 149 § 1; RRS § 3392.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-103
62A.8-103 Rules for determining whether certain
obligations and interests are securities or financial assets.
(1) A share or similar equity interest issued by a corporation,
business trust, joint stock company, or similar entity is a
security.
[Title 62A RCW—page 103]
62A.8-104
Title 62A RCW: Uniform Commercial Code
(2) An "investment company security" is a security.
"Investment company security" means a share or similar
equity interest issued by an entity that is registered as an
investment company under the federal investment company
laws, an interest in a unit investment trust that is so registered, or a face-amount certificate issued by a face-amount
certificate company that is so registered. Investment company security does not include an insurance policy or endowment policy or annuity contract issued by an insurance company.
(3) An interest in a partnership or limited liability company is not a security unless it is dealt in or traded on securities exchanges or in securities markets, its terms expressly
provide that it is a security governed by this Article, or it is an
investment company security. However, an interest in a partnership or limited liability company is a financial asset if it is
held in a securities account.
(4) A writing that is a security certificate is governed by
this Article and not by Article 3, even though it also meets the
requirements of that Article. However, a negotiable instrument governed by Article 3 is a financial asset if it is held in
a securities account.
(5) An option or similar obligation issued by a clearing
corporation to its participants is not a security, but is a financial asset.
(6) A commodity contract, as defined in RCW
62A.9A-102(a)(15), is not a security or a financial asset.
[2000 c 250 § 9A-815; 1995 c 48 § 3; 1986 c 35 § 2; 1965
ex.s. c 157 § 8-103. Cf. former RCW 23.80.150; 1939 c 100
§ 15; RRS § 3803-115; formerly RCW 23.20.140.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-104
62A.8-104 Acquisition of security or financial asset
or interest therein. (1) A person acquires a security or an
interest therein, under this Article, if:
(a) The person is a purchaser to whom a security is delivered pursuant to RCW 62A.8-301; or
(b) The person acquires a security entitlement to the
security pursuant to RCW 62A.8-501.
(2) A person acquires a financial asset, other than a security, or an interest therein, under this Article, if the person
acquires a security entitlement to the financial asset.
(3) A person who acquires a security entitlement to a
security or other financial asset has the rights specified in Part
5 of this Article, but is a purchaser of any security, security
entitlement, or other financial asset held by the securities
intermediary only to the extent provided in RCW 62A.8-503.
(4) Unless the context shows that a different meaning is
intended, a person who is required by other law, regulation,
rule, or agreement to transfer, deliver, present, surrender,
exchange, or otherwise put in the possession of another person a security or financial asset satisfies that requirement by
causing the other person to acquire an interest in the security
or financial asset pursuant to subsection (1) or (2) of this section. [1995 c 48 § 4; 1986 c 35 § 3; 1965 ex.s. c 157 § 8-104.]
Effective date—1995 c 48: See RCW 62A.11-113.
Corporations—Purchase of own shares: RCW 23B.06.030 and 23B.06.310.
[Title 62A RCW—page 104]
62A.8-105
62A.8-105 Notice of adverse claim. (1) A person has
notice of an adverse claim if:
(a) The person knows of the adverse claim;
(b) The person is aware of facts sufficient to indicate that
there is a significant probability that the adverse claim exists
and deliberately avoids information that would establish the
existence of the adverse claim; or
(c) The person has a duty, imposed by statute or regulation, to investigate whether an adverse claim exists, and the
investigation so required would establish the existence of the
adverse claim.
(2) Having knowledge that a financial asset or interest
therein is or has been transferred by a representative imposes
no duty of inquiry into the rightfulness of a transaction and is
not notice of an adverse claim. However, a person who
knows that a representative has transferred a financial asset or
interest therein in a transaction that is, or whose proceeds are
being used, for the individual benefit of the representative or
otherwise in breach of duty has notice of an adverse claim.
(3) An act or event that creates a right to immediate performance of the principal obligation represented by a security
certificate or sets a date on or after which the certificate is to
be presented or surrendered for redemption or exchange does
not itself constitute notice of an adverse claim except in the
case of a transfer more than:
(a) One year after a date set for presentment or surrender
for redemption or exchange; or
(b) Six months after a date set for payment of money
against presentation or surrender of the certificate, if money
was available for payment on that date.
(4) A purchaser of a certificated security has notice of an
adverse claim if the security certificate:
(a) Whether in bearer or registered form, has been
indorsed "for collection" or "for surrender" or for some other
purpose not involving transfer; or
(b) Is in bearer form and has on it an unambiguous statement that it is the property of a person other than the transferor, but the mere writing of a name on the certificate is not
such a statement.
(5) Filing of a financing statement under *Article 9 is not
notice of an adverse claim to a financial asset. [1995 c 48 §
5; 1986 c 35 § 4; 1965 ex.s. c 157 § 8-105. Cf. former RCW
62.01.001; 1955 c 35 § 62.01.001; prior: 1899 c 149 § 1;
RRS § 3392.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-106
62A.8-106 Control. (1) A purchaser has "control" of a
certificated security in bearer form if the certificated security
is delivered to the purchaser.
(2) A purchaser has "control" of a certificated security in
registered form if the certificated security is delivered to the
purchaser, and:
(a) The certificate is indorsed to the purchaser or in blank
by an effective indorsement; or
(b) The certificate is registered in the name of the purchaser, upon original issue or registration of transfer by the
issuer.
(2006 Ed.)
Investment Securities
(3) A purchaser has "control" of an uncertificated security if:
(a) The uncertificated security is delivered to the purchaser; or
(b) The issuer has agreed that it will comply with instructions originated by the purchaser without further consent by
the registered owner.
(4) A purchaser has "control" of a security entitlement if:
(a) The purchaser becomes the entitlement holder;
(b) The securities intermediary has agreed that it will
comply with entitlement orders originated by the purchaser
without further consent by the entitlement holder; or
(c) Another person has control of the security entitlement
on behalf of the purchaser or, having previously acquired
control of the security entitlement, acknowledges that it has
control on behalf of the purchaser.
(5) If an interest in a security entitlement is granted by
the entitlement holder to the entitlement holder’s own securities intermediary, the securities intermediary has control.
(6) A purchaser who has satisfied the requirements of
subsection (3) or (4) of this section has control even if the
registered owner in the case of subsection (3) of this section
or the entitlement holder in the case of subsection (4) of this
section retains the right to make substitutions for the uncertificated security or security entitlement, to originate instructions or entitlement orders to the issuer or securities intermediary, or otherwise to deal with the uncertificated security or
security entitlement.
(7) An issuer or a securities intermediary may not enter
into an agreement of the kind described in subsection (3)(b)
or (4)(b) of this section without the consent of the registered
owner or entitlement holder, but an issuer or a securities
intermediary is not required to enter into such an agreement
even though the registered owner or entitlement holder so
directs. An issuer or securities intermediary that has entered
into such an agreement is not required to confirm the existence of the agreement to another party unless requested to do
so by the registered owner or entitlement holder. [2000 c 250
§ 9A-816; 1995 c 48 § 6; 1986 c 35 § 5; 1965 ex.s. c 157 § 8106.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-107
62A.8-107 Whether indorsement, instruction, or
entitlement is effective. (1) "Appropriate person" means:
(a) With respect to an indorsement, the person specified
by a security certificate or by an effective special indorsement to be entitled to the security;
(b) With respect to an instruction, the registered owner of
an uncertificated security;
(c) With respect to an entitlement order, the entitlement
holder;
(d) If the person designated in (a), (b), or (c) of this subsection is deceased, the designated person’s successor taking
under other law or the designated person’s personal representative acting for the estate of the decedent; or
(e) If the person designated in (a), (b), or (c) of this subsection lacks capacity, the designated person’s guardian, conservator, or other similar representative who has power under
other law to transfer the security or financial asset.
(2006 Ed.)
62A.8-108
(2) An indorsement, instruction, or entitlement order is
effective if:
(a) It is made by the appropriate person;
(b) It is made by a person who has power under the law
of agency to transfer the security or financial asset on behalf
of the appropriate person, including, in the case of an instruction or entitlement order, a person who has control under
RCW 62A.8-106 (3)(b) or (4)(b); or
(c) The appropriate person has ratified it or is otherwise
precluded from asserting its ineffectiveness.
(3) An indorsement, instruction, or entitlement order
made by a representative is effective even if:
(a) The representative has failed to comply with a controlling instrument or with the law of the state having jurisdiction of the representative relationship, including any law
requiring the representative to obtain court approval of the
transaction; or
(b) The representative’s action in making the indorsement, instruction, or entitlement order or using the proceeds
of the transaction is otherwise a breach of duty.
(4) If a security is registered in the name of or specially
indorsed to a person described as a representative, or if a
securities account is maintained in the name of a person
described as a representative, an indorsement, instruction, or
entitlement order made by the person is effective even though
the person is no longer serving in the described capacity.
(5) Effectiveness of an indorsement, instruction, or entitlement order is determined as of the date the indorsement,
instruction, or entitlement order is made, and an indorsement,
instruction, or entitlement order does not become ineffective
by reason of any later change of circumstances. [1995 c 48 §
7; 1986 c 35 § 6; 1965 ex.s. c 157 § 8-107.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-108
62A.8-108 Warranties in direct holding. (1) A person
who transfers a certificated security to a purchaser for value
warrants to the purchaser, and an indorser, if the transfer is by
indorsement, warrants to any subsequent purchaser, that:
(a) The certificate is genuine and has not been materially
altered;
(b) The transferor or indorser does not know of any fact
that might impair the validity of the security;
(c) There is no adverse claim to the security;
(d) The transfer does not violate any restriction on transfer;
(e) If the transfer is by indorsement, the indorsement is
made by an appropriate person, or if the indorsement is by an
agent, the agent has actual authority to act on behalf of the
appropriate person; and
(f) The transfer is otherwise effective and rightful.
(2) A person who originates an instruction for registration of transfer of an uncertificated security to a purchaser for
value warrants to the purchaser that:
(a) The instruction is made by an appropriate person, or
if the instruction is by an agent, the agent has actual authority
to act on behalf of the appropriate person;
(b) The security is valid;
(c) There is no adverse claim to the security; and
(d) At the time the instruction is presented to the issuer:
[Title 62A RCW—page 105]
62A.8-109
Title 62A RCW: Uniform Commercial Code
(i) The purchaser will be entitled to the registration of
transfer;
(ii) The transfer will be registered by the issuer free from
all liens, security interests, restrictions, and claims other than
those specified in the instruction;
(iii) The transfer will not violate any restriction on transfer; and
(iv) The requested transfer will otherwise be effective
and rightful.
(3) A person who transfers an uncertificated security to a
purchaser for value and does not originate an instruction in
connection with the transfer warrants that:
(a) The uncertificated security is valid;
(b) There is no adverse claim to the security;
(c) The transfer does not violate any restriction on transfer; and
(d) The transfer is otherwise effective and rightful.
(4) A person who indorses a security certificate warrants
to the issuer that:
(a) There is no adverse claim to the security; and
(b) The indorsement is effective.
(5) A person who originates an instruction for registration of transfer of an uncertificated security warrants to the
issuer that:
(a) The instruction is effective; and
(b) At the time the instruction is presented to the issuer
the purchaser will be entitled to the registration of transfer.
(6) A person who presents a certificated security for registration of transfer or for payment or exchange warrants to
the issuer that the person is entitled to the registration, payment, or exchange, but a purchaser for value and without
notice of adverse claims to whom transfer is registered warrants only that the person has no knowledge of any unauthorized signature in a necessary indorsement.
(7) If a person acts as agent of another in delivering a
certificated security to a purchaser, the identity of the principal was known to the person to whom the certificate was
delivered, and the certificate delivered by the agent was
received by the agent from the principal or received by the
agent from another person at the direction of the principal,
the person delivering the security certificate warrants only
that the delivering person has authority to act for the principal
and does not know of any adverse claim to the certificated
security.
(8) A secured party who redelivers a security certificate
received, or after payment and on order of the debtor delivers
the security certificate to another person, makes only the warranties of an agent under subsection (7) of this section.
(9) Except as otherwise provided in subsection (7) of this
section, a broker acting for a customer makes to the issuer
and a purchaser the warranties provided in subsections (1)
through (6) of this section. A broker that delivers a security
certificate to its customer, or causes its customer to be registered as the owner of an uncertificated security, makes to the
customer the warranties provided in subsection (1) or (2) of
this section, and has the rights and privileges of a purchaser
under this section. The warranties of and in favor of the broker acting as an agent are in addition to applicable warranties
given by and in favor of the customer. [1995 c 48 § 8; 1986
c 35 § 7.]
Effective date—1995 c 48: See RCW 62A.11-113.
[Title 62A RCW—page 106]
62A.8-109 Warranties in indirect holding. (1) A person who originates an entitlement order to a securities intermediary warrants to the securities intermediary that:
(a) The entitlement order is made by an appropriate person, or if the entitlement order is by an agent, the agent has
actual authority to act on behalf of the appropriate person;
and
(b) There is no adverse claim to the security entitlement.
(2) A person who delivers a security certificate to a securities intermediary for credit to a securities account or originates an instruction with respect to an uncertificated security
directing that the uncertificated security be credited to a securities account makes to the securities intermediary the warranties specified in RCW 62A.8-108 (1) or (2).
(3) If a securities intermediary delivers a security certificate to its entitlement holder or causes its entitlement holder
to be registered as the owner of an uncertificated security, the
securities intermediary makes to the entitlement holder the
warranties specified in RCW 62A.8-108 (1) or (2). [1995 c
48 § 9.]
62A.8-109
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-110 Applicability; choice of law. (1) The local
law of the issuer’s jurisdiction, as specified in subsection (4)
of this section, governs:
(a) The validity of a security;
(b) The rights and duties of the issuer with respect to registration of transfer;
(c) The effectiveness of registration of transfer by the
issuer;
(d) Whether the issuer owes any duties to an adverse
claimant to a security; and
(e) Whether an adverse claim can be asserted against a
person to whom transfer of a certificated or uncertificated
security is registered or a person who obtains control of an
uncertificated security.
(2) The local law of the securities intermediary’s jurisdiction, as specified in subsection (5) of this section, governs:
(a) Acquisition of a security entitlement from the securities intermediary;
(b) The rights and duties of the securities intermediary
and entitlement holder arising out of a security entitlement;
(c) Whether the securities intermediary owes any duties
to an adverse claimant to a security entitlement; and
(d) Whether an adverse claim can be asserted against a
person who acquires a security entitlement from the securities intermediary or a person who purchases a security entitlement or interest therein from an entitlement holder.
(3) The local law of the jurisdiction in which a security
certificate is located at the time of delivery governs whether
an adverse claim can be asserted against a person to whom
the security certificate is delivered.
(4) "Issuer’s jurisdiction" means the jurisdiction under
which the issuer of the security is organized or, if permitted
by the law of that jurisdiction, the law of another jurisdiction
specified by the issuer. An issuer organized under the law of
this state may specify the law of another jurisdiction as the
law governing the matters specified in subsection (1)(b)
through (e) of this section.
(5) The following rules determine a "securities intermediary’s jurisdiction" for purposes of this section:
62A.8-110
(2006 Ed.)
Investment Securities
(a) If an agreement between the securities intermediary
and its entitlement holder governing the securities account
expressly provides that a particular jurisdiction is the securities intermediary’s jurisdiction for purposes of this part, this
Article, or Article 62A.9A RCW, that jurisdiction is the securities intermediary’s jurisdiction.
(b) If (a) of this subsection does not apply and an agreement between the securities intermediary and its entitlement
holder governing the securities account expressly provides
that the agreement is governed by the law of a particular
jurisdiction, that jurisdiction is the securities intermediary’s
jurisdiction.
(c) If neither (a) nor (b) of this subsection applies, and an
agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that the securities account is maintained at an office in
a particular jurisdiction, that jurisdiction is the securities
intermediary’s jurisdiction.
(d) If (a), (b), and (c) of this subsection do not apply, the
securities intermediary’s jurisdiction is the jurisdiction in
which the office identified in an account statement as the
office serving the entitlement holder’s account is located.
(e) If (a), (b), (c), and (d) of this subsection do not apply,
the securities intermediary’s jurisdiction is the jurisdiction in
which the chief executive office of the securities intermediary is located.
(6) A securities intermediary’s jurisdiction is not determined by the physical location of certificates representing
financial assets, or by the jurisdiction in which is organized
the issuer of the financial asset with respect to which an entitlement holder has a security entitlement, or by the location
of facilities for data processing or other recordkeeping concerning the account. [2001 c 32 § 14; 2000 c 250 § 9A-817;
1995 c 48 § 10.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Effective date—2000 c 250: See RCW 62A.9A-701.
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-111
62A.8-111 Clearing corporation rules. A rule adopted
by a clearing corporation governing rights and obligations
among the clearing corporation and its participants in the
clearing corporation is effective even if the rule conflicts with
this Title and affects another party who does not consent to
the rule. [1995 c 48 § 11.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-112
62A.8-112 Creditor’s legal process. (1) The interest of
a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the
officer making the attachment or levy, except as otherwise
provided in subsection (4) of this section. However, a certificated security for which the certificate has been surrendered
to the issuer may be reached by a creditor by legal process
upon the issuer.
(2) The interest of a debtor in an uncertificated security
may be reached by a creditor only by legal process upon the
issuer at its chief executive office in the United States, except
as otherwise provided in subsection (4) of this section.
(3) The interest of a debtor in a security entitlement may
be reached by a creditor only by legal process upon the secu(2006 Ed.)
62A.8-115
rities intermediary with whom the debtor’s securities account
is maintained, except as otherwise provided in subsection (4)
of this section.
(4) The interest of a debtor in a certificated security for
which the certificate is in the possession of a secured party, or
in an uncertificated security registered in the name of a
secured party, or a security entitlement maintained in the
name of a secured party, may be reached by a creditor by
legal process upon the secured party.
(5) A creditor whose debtor is the owner of a certificated
security, uncertificated security, or security entitlement is
entitled to aid from a court of competent jurisdiction, by
injunction or otherwise, in reaching the certificated security,
uncertificated security, or security entitlement or in satisfying
the claim by means allowed at law or in equity in regard to
property that cannot readily be reached by other legal process. [1995 c 48 § 12.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-113
62A.8-113 Statute of frauds inapplicable. A contract
or modification of a contract for the sale or purchase of a
security is enforceable whether or not there is a writing
signed or record authenticated by a party against whom
enforcement is sought, even if the contract or modification is
not capable of performance within one year of its making.
[1995 c 48 § 13.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-114
62A.8-114 Evidentiary rules concerning certificated
securities. The following rules apply in an action on a certificated security against the issuer:
(1) Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary indorsement
is admitted.
(2) If the effectiveness of a signature is put in issue, the
burden of establishing effectiveness is on the party claiming
under the signature, but the signature is presumed to be genuine or authorized.
(3) If signatures on a security certificate are admitted or
established, production of the certificate entitles a holder to
recover on it unless the defendant establishes a defense or a
defect going to the validity of the security.
(4) If it is shown that a defense or defect exists, the plaintiff has the burden of establishing that the plaintiff or some
person under whom the plaintiff claims is a person against
whom the defense or defect cannot be asserted. [1995 c 48 §
14.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-115
62A.8-115 Securities intermediary and others not liable to adverse claimant. A securities intermediary that has
transferred a financial asset pursuant to an effective entitlement order, or a broker or other agent or bailee that has dealt
with a financial asset at the direction of its customer or principal, is not liable to a person having an adverse claim to the
financial asset, unless the securities intermediary, or broker
or other agent or bailee:
(1) Took the action after it had been served with an
injunction, restraining order, or other legal process enjoining
it from doing so, issued by a court of competent jurisdiction,
[Title 62A RCW—page 107]
62A.8-116
Title 62A RCW: Uniform Commercial Code
and had a reasonable opportunity to act on the injunction,
restraining order, or other legal process; or
(2) Acted in collusion with the wrongdoer in violating
the rights of the adverse claimant; or
(3) In the case of a security certificate that has been stolen, acted with notice of the adverse claim. [1995 c 48 § 15.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-116
62A.8-116 Securities intermediary as purchaser for
value. A securities intermediary that receives a financial
asset and establishes a security entitlement to the financial
asset in favor of an entitlement holder is a purchaser for value
of the financial asset. A securities intermediary that acquires
a security entitlement to a financial asset from another securities intermediary acquires the security entitlement for value
if the securities intermediary acquiring the security entitlement establishes a security entitlement to the financial asset
in favor of an entitlement holder. [1995 c 48 § 16.]
Effective date—1995 c 48: See RCW 62A.11-113.
PART 2
ISSUE AND ISSUER
62A.8-201
62A.8-201 Issuer. (1) With respect to an obligation on
or a defense to a security, an "issuer" includes a person that:
(a) Places or authorizes the placing of its name on a security certificate, other than as authenticating trustee, registrar,
transfer agent, or the like, to evidence a share, participation,
or other interest in its property or in an enterprise, or to evidence its duty to perform an obligation represented by the
certificate;
(b) Creates a share, participation, or other interest in its
property or in an enterprise, or undertakes an obligation, that
is an uncertificated security;
(c) Directly or indirectly creates a fractional interest in
its rights or property, if the fractional interest is represented
by a security certificate; or
(d) Becomes responsible for, or in place of, another person described as an issuer in this section.
(2) With respect to an obligation on or defense to a security, a guarantor is an issuer to the extent of its guaranty,
whether or not its obligation is noted on a security certificate.
(3) With respect to registration of a transfer, issuer
means a person on whose behalf transfer books are maintained. [1995 c 48 § 17; 1986 c 35 § 8; 1965 ex.s. c 157 § 8201. Cf. former RCW sections: RCW 62.01.029, and
62.01.060 through 62.01.062; 1955 c 35 §§ 62.01.029, and
62.01.060 through 62.01.062; prior: 1899 c 149 §§ 29, and
60 through 62; RRS §§ 3420, and 3451 through 3453.]
Effective date—1995 c 48: See RCW 62A.11-113.
Corporations, effect of merger or consolidation: RCW 23B.11.060.
Securities Act, issuer: RCW 21.20.005(7).
62A.8-202
62A.8-202 Issuer’s responsibility and defenses;
notice of defect or defense. (1) Even against a purchaser for
value and without notice, the terms of a certificated security
include terms stated on the certificate and terms made part of
the security by reference on the certificate to another instrument, indenture, or document or to a constitution, statute,
ordinance, rule, regulation, order, or the like, to the extent the
[Title 62A RCW—page 108]
terms referred to do not conflict with terms stated on the certificate. A reference under this subsection does not of itself
charge a purchaser for value with notice of a defect going to
the validity of the security, even if the certificate expressly
states that a person accepting it admits notice. The terms of an
uncertificated security include those stated in any instrument,
indenture, or document or in a constitution, statute, ordinance, rule, regulation, order, or the like, pursuant to which
the security is issued.
(2) The following rules apply if an issuer asserts that a
security is not valid:
(a) A security other than one issued by a government or
governmental subdivision, agency, or instrumentality, even
though issued with a defect going to its validity, is valid in the
hands of a purchaser for value and without notice of the particular defect unless the defect involves a violation of a constitutional provision. In that case, the security is valid in the
hands of a purchaser for value and without notice of the
defect, other than one who takes by original issue.
(b) Subsection (2)(a) of this section applies to an issuer
that is a government or governmental subdivision, agency, or
instrumentality only if there has been substantial compliance
with the legal requirements governing the issue or the issuer
has received a substantial consideration for the issue as a
whole or for the particular security and a stated purpose of the
issue is one for which the issuer has power to borrow money
or issue the security.
(3) Except as otherwise provided in RCW 62A.8-205,
lack of genuineness of a certificated security is a complete
defense, even against a purchaser for value and without
notice.
(4) All other defenses of the issuer of a security, including nondelivery and conditional delivery of a certificated
security, are ineffective against a purchaser for value who has
taken the certificated security without notice of the particular
defense.
(5) This section does not affect the right of a party to cancel a contract for a security "when, as and if issued" or "when
distributed" in the event of a material change in the character
of the security that is the subject of the contract or in the plan
or arrangement pursuant to which the security is to be issued
or distributed.
(6) If a security is held by a securities intermediary
against whom an entitlement holder has a security entitlement with respect to the security, the issuer may not assert
any defense that the issuer could not assert if the entitlement
holder held the security directly. [1995 c 48 § 18; 1986 c 35
§ 9; 1965 ex.s. c 157 § 8-202. Cf. former RCW sections:
RCW 62.01.016, 62.01.023, 62.01.028, 62.01.056,
62.01.057, and 62.01.060 through 62.01.062; 1955 c 35 §§
62.01.016, 62.01.023, 62.01.028, 62.01.056, 62.01.057, and
62.01.060 through 62.01.062; prior: 1899 c 149 §§ 16, 23,
28, 56, 57, and 60 through 62; RRS §§ 3407, 3414, 3419,
3447, 3448, and 3451 through 3453.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-203
62A.8-203 Staleness as notice of defect or defense.
After an act or event, other than a call that has been revoked,
creating a right to immediate performance of the principal
obligation represented by a certificated security or setting a
(2006 Ed.)
Investment Securities
date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged
with notice of any defect in its issue or defense of the issuer,
if the act or event:
(1) Requires the payment of money, the delivery of a certificated security, the registration of transfer of an uncertificated security, or any of them on presentation or surrender of
the security certificate, the money or security is available on
the date set for payment or exchange, and the purchaser takes
the security more than one year after that date; or
(2) Is not covered by subsection (1) of this section and
the purchaser takes the security more than two years after the
date set for surrender or presentation or the date on which
performance became due. [1995 c 48 § 19; 1986 c 35 § 10;
1965 ex.s. c 157 § 8-203. Cf. former RCW sections: RCW
62.01.052(2) and 62.01.053; 1955 c 35 §§ 62.01.052 and
62.01.053; prior: 1899 c 149 §§ 52 and 53; RRS §§ 3443 and
3444.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-204
62A.8-204 Effect of issuer’s restrictions on transfer.
A restriction on transfer of a security imposed by the issuer,
even if otherwise lawful, is ineffective against a person without knowledge of the restriction unless:
(1) The security is certificated and the restriction is noted
conspicuously on the security certificate; or
(2) The security is uncertificated and the registered
owner has been notified by the restriction. [1995 c 48 § 20;
1986 c 35 § 11; 1965 ex.s. c 157 § 8-204. Cf. former RCW
23.80.150; 1939 c 100 § 15; RRS § 3803-115; formerly RCW
23.20.160.]
Effective date—1995 c 48: See RCW 62A.11-113.
Corporations—Stock certificates—Limitations: RCW 23B.06.250.
62A.8-205
62A.8-205 Effect of unauthorized signature on security certificate. An unauthorized signature placed on a security certificate before or in the course of issue is ineffective,
but the signature is effective in favor of a purchaser for value
of the certificated security if the purchaser is without notice
of the lack of authority and the signing has been done by:
(1) An authenticating trustee, registrar, transfer agent, or
other person entrusted by the issuer with the signing of the
security certificate or of similar certificates, or the immediate
preparation for signing of any of them; or
(2) An employee of the issuer, or of any of the persons
listed in subsection (1) of this section, entrusted with responsible handling of the security certificate. [1995 c 48 § 21;
1986 c 35 § 12; 1965 ex.s. c 157 § 8-205. Cf. former RCW
62.01.023; 1955 c 35 § 62.01.023; prior: 1899 c 149 § 23;
RRS § 3414.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-206
62A.8-206 Completion or alteration of security certificate. (1) If a security certificate contains the signatures
necessary to its issue or transfer but is incomplete in any
other respect:
(a) Any person may complete it by filling in the blanks as
authorized; and
(b) Even though the blanks are incorrectly filled in, the
security certificate as completed is enforceable by a pur(2006 Ed.)
62A.8-210
chaser who took it for value and without notice of the incorrectness.
(2) A complete security certificate that has been improperly altered, even if fraudulently, remains enforceable, but
only according to its original terms. [1995 c 48 § 22; 1986 c
35 § 13; 1965 ex.s. c 157 § 8-206. Cf. former RCW sections:
(i) RCW 23.80.160; 1939 c 100 § 16; RRS § 3803-116; formerly RCW 23.20.170. (ii) RCW 62.01.014, 62.01.015, and
62.01.124; 1955 c 35 §§ 62.01.014, 62.01.015, and
62.01.124; prior: 1899 c 149 §§ 14, 15, and 124; RRS §§
3405, 3406, and 3514.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-207
62A.8-207 Rights and duties of issuer with respect to
registered owners. (1) Before due presentment for registration of transfer of a certificated security in registered form or
of an instruction requesting registration of transfer of an
uncertificated security, the issuer or indenture trustee may
treat the registered owner as the person exclusively entitled to
vote, receive notifications, and otherwise exercise all the
rights and powers of an owner.
(2) This Article does not affect the liability of the registered owner of a security for a call, assessment, or the like.
[1995 c 48 § 23; 1986 c 35 § 14; 1965 ex.s. c 157 § 8-207. Cf.
former RCW 23.80.020 and 23.80.030; 1939 c 100 §§ 2 and
3; RRS §§ 3803-102 and 3803-103; formerly RCW
23.20.030 and 23.20.040.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-208
62A.8-208 Effect of signature of authenticating
trustee, registrar, or transfer agent. (1) A person signing a
security certificate as authenticating trustee, registrar, transfer agent, or the like, warrants to a purchaser for value of the
certificated security, if the purchaser is without notice of a
particular defect, that:
(a) The certificate is genuine;
(b) The person’s own participation in the issue of the
security is within the person’s capacity and within the scope
of the authority received by the person from the issuer; and
(c) The person has reasonable grounds to believe that the
certificated security is in the form and within the amount the
issuer is authorized to issue.
(2) Unless otherwise agreed, a person signing under subsection (1) of this section does not assume responsibility for
the validity of the security in other respects. [1995 c 48 § 24;
1986 c 35 § 15; 1965 ex.s. c 157 § 8-208.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-209
62A.8-209 Issuer’s lien. A lien in favor of an issuer
upon a certificated security is valid against a purchaser only
if the right of the issuer to the lien is noted conspicuously on
the security certificate. [1995 c 48 § 25.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-210
62A.8-210 Overissue. (1) In this section, "overissue"
means the issue of securities in excess of the amount the
issuer has corporate power to issue, but an overissue does not
occur if appropriate action has cured the overissue.
(2) Except as otherwise provided in subsections (3) and
(4) of this section, the provisions of this Article which vali[Title 62A RCW—page 109]
62A.8-301
Title 62A RCW: Uniform Commercial Code
date a security or compel its issue or reissue do not apply to
the extent that validation, issue, or reissue would result in
overissue.
(3) If an identical security not constituting an overissue
is reasonably available for purchase, a person entitled to issue
or validation may compel the issuer to purchase the security
and deliver it if certificated or register its transfer if uncertificated, against surrender of any security certificate the person
holds.
(4) If a security is not reasonably available for purchase,
a person entitled to issue or validation may recover from the
issuer the price the person or the last purchaser for value paid
for it with interest from the date of the person’s demand.
[1995 c 48 § 26.]
Effective date—1995 c 48: See RCW 62A.11-113.
PART 3
TRANSFER OF CERTIFICATED AND
UNCERTIFICATED SECURITIES
62A.8-301
62A.8-301 Delivery. (1) Delivery of a certificated security to a purchaser occurs when:
(a) The purchaser acquires possession of the security certificate;
(b) Another person, other than a securities intermediary,
either acquires possession of the security certificate on behalf
of the purchaser or, having previously acquired possession of
the certificate, acknowledges that it holds for the purchaser;
or
(c) A securities intermediary acting on behalf of the purchaser acquires possession of the security certificate, only if
the certificate is in registered form and is (i) registered in the
name of the purchaser, (ii) payable to the order of the purchaser, or (iii) specially indorsed to the purchaser by an effective indorsement and has not been indorsed to the securities
intermediary or in blank.
(2) Delivery of an uncertificated security to a purchaser
occurs when:
(a) The issuer registers the purchaser as the registered
owner, upon original issue or registration of transfer; or
(b) Another person, other than a securities intermediary,
either becomes the registered owner of the uncertificated
security on behalf of the purchaser or, having previously
become the registered owner, acknowledges that it holds for
the purchaser. [2000 c 250 § 9A-818; 1995 c 48 § 27; 1986 c
35 § 16; 1965 ex.s. c 157 § 8-301. Cf. former RCW sections:
(i) RCW 23.80.070; 1939 c 100 § 7; RRS § 3803-107; formerly RCW 23.20.080. (ii) RCW 62.01.052; 1955 c 35 §
62.01.052; prior: 1899 c 149 § 52; RRS § 3443. (iii) RCW
62.01.057 through 62.01.059; 1955 c 35 §§ 62.01.057
through 62.01.059; prior: 1899 c 149 §§ 57 through 59; RRS
§§ 3448 through 3450.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-302
62A.8-302 Rights of purchaser. (1) Except as otherwise provided in subsections (2) and (3) of this section, a purchaser of a certificated or uncertificated security acquires all
rights in the security that the transferor had or had power to
transfer.
[Title 62A RCW—page 110]
(2) A purchaser of a limited interest acquires rights only
to the extent of the interest purchased.
(3) A purchaser of a certificated security who as a previous holder had notice of an adverse claim does not improve
its position by taking from a protected purchaser. [2000 c
250 § 9A-819; 1995 c 48 § 28; 1986 c 35 § 17; 1965 ex.s. c
157 § 8-3 02. Cf . form er RCW sections: (i) RCW
23.80.230(2); 1939 c 100 § 23; RRS § 3803-123. (ii) RCW
62.01.052; 1955 c 35 § 62.01.052; prior: 1899 c 149 § 52;
RRS § 3443.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-303
62A.8-303 Protected purchaser. (1) "Protected purchaser" means a purchaser of a certificated or uncertificated
security, or of an interest therein, who:
(a) Gives value;
(b) Does not have notice of any adverse claim to the
security; and
(c) Obtains control of the certificated or uncertificated
security.
(2) In addition to acquiring the rights of a purchaser, a
protected purchaser also acquires its interest in the security
free of any adverse claim. [1995 c 48 § 29; 1986 c 35 § 18;
1965 ex.s. c 157 § 8-303.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-304
62A.8-304 Indorsement. (1) An indorsement may be
in blank or special. An indorsement in blank includes an
indorsement to bearer. A special indorsement specifies to
whom a security is to be transferred or who has power to
transfer it. A holder may convert a blank indorsement to a
special indorsement.
(2) An indorsement purporting to be only of part of a
security certificate representing units intended by the issuer
to be separately transferable is effective to the extent of the
indorsement.
(3) An indorsement, whether special or in blank, does
not constitute a transfer until delivery of the certificate on
which it appears or, if the indorsement is on a separate document, until delivery of both the document and the certificate.
(4) If a security certificate in registered form has been
delivered to a purchaser without a necessary indorsement, the
purchaser may become a protected purchaser only when the
indorsement is supplied. However, against a transferor, a
transfer is complete upon delivery and the purchaser has a
specifically enforceable right to have any necessary indorsement supplied.
(5) An indorsement of a security certificate in bearer
form may give notice of an adverse claim to the certificate,
but it does not otherwise affect a right to registration that the
holder possesses.
(6) Unless otherwise agreed, a person making an
indorsement assumes only the obligations provided in RCW
62A.8-108 and not an obligation that the security will be honored by the issuer. [1995 c 48 § 30; 1986 c 35 § 19; 1965
ex.s. c 157 § 8-304. Cf. former RCW sections: RCW
62.01.037 and 62.01.056; 1955 c 35 §§ 62.01.037 and
62.01.056; prior: 1899 c 149 §§ 37 and 56; RRS §§ 3428 and
3447.]
(2006 Ed.)
Investment Securities
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-305
62A.8-305 Instruction. (1) If an instruction has been
originated by an appropriate person but is incomplete in any
other respect, any person may complete it as authorized and
the issuer may rely on it as completed, even though it has
been completed incorrectly.
(2) Unless otherwise agreed, a person initiating an
instruction assumes only the obligations imposed by RCW
62A.8-108 and not an obligation that the security will be honored by the issuer. [1995 c 48 § 31; 1986 c 35 § 20; 1965
ex.s. c 157 § 8-305. Cf. former RCW sections: RCW
62.01.052(2) and 62.01.053; 1955 c 35 §§ 62.01.052 and
62.01.053; prior: 1899 c 149 §§ 52 and 53; RRS §§ 3443 and
3444.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-306
62A.8-306 Effect of guaranteeing signature, indorsement, or instruction. (1) A person who guarantees a signature of an indorser of a security certificate warrants that at the
time of signing:
(a) The signature was genuine;
(b) The signer was an appropriate person to indorse, or if
the signature is by an agent, the agent had actual authority to
act on behalf of the appropriate person; and
(c) The signer had legal capacity to sign.
(2) A person who guarantees a signature of the originator
of an instruction warrants that at the time of signing:
(a) The signature was genuine;
(b) The signer was an appropriate person to originate the
instruction, or if the signature is by an agent, the agent had
actual authority to act on behalf of the appropriate person, if
the person specified in the instruction as the registered owner
was, in fact, the registered owner, as to which fact the signature guarantor does not make a warranty; and
(c) The signer had legal capacity to sign.
(3) A person who specially guarantees the signature of
an originator of an instruction makes the warranties of a signature guarantor under subsection (2) of this section and also
warrants that at the time the instruction is presented to the
issuer:
(a) The person specified in the instruction as the registered owner of the uncertificated security will be the registered owner; and
(b) The transfer of the uncertificated security requested
in the instruction will be registered by the issuer free from all
liens, security interests, restrictions, and claims other than
those specified in the instruction.
(4) A guarantor under subsections (1) and (2) of this section or a special guarantor under subsection (3) of this section
does not otherwise warrant the rightfulness of the transfer.
(5) A person who guarantees an indorsement of a security certificate makes the warranties of a signature guarantor
under subsection (1) of this section and also warrants the
rightfulness of the transfer in all respects.
(6) A person who guarantees an instruction requesting
the transfer of an uncertificated security makes the warranties
of a special signature guarantor under subsection (3) of this
section and also warrants the rightfulness of the transfer in all
respects.
(2006 Ed.)
62A.8-401
(7) An issuer may not require a special guaranty of signature, a guaranty of indorsement, or a guaranty of instruction as a condition to registration of transfer.
(8) The warranties under this section are made to a person taking or dealing with the security in reliance on the guaranty, and the guarantor is liable to the person for loss resulting from their breach. An indorser or originator of an instruction whose signature, indorsement, or instruction has been
guaranteed is liable to a guarantor for any loss suffered by the
guarantor as a result of breach of the warranties of the guarantor. [1995 c 48 § 32; 1986 c 35 § 21; 1965 ex.s. c 157 § 8306. Cf. former RCW sections: (i) RCW 23.80.110 and
23.80.120; 1939 c 100 §§ 11 and 12; RRS §§ 3803-111 and
3803-112; formerly RCW 23.20.120 and 23.20.130. (ii)
RCW 62.01.065 through 62.01.067, and 62.01.069; 1955 c
35 §§ 62.01.065 through 62.01.067, and 62.01.069; prior:
1899 c 149 §§ 65 through 67, and 69; RRS §§ 3456 through
3458, and 3460.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-307
62A.8-307 Purchaser’s right to requisites for registration of transfer. Unless otherwise agreed, the transferor
of a security on due demand shall supply the purchaser with
proof of authority to transfer or with any other requisite necessary to obtain registration of the transfer of the security, but
if the transfer is not for value, a transferor need not comply
unless the purchaser pays the necessary expenses. If the
transferor fails within a reasonable time to comply with the
demand, the purchaser may reject or rescind the transfer.
[1995 c 48 § 33; 1986 c 35 § 22; 1965 ex.s. c 157 § 8-307. Cf.
former RCW sections: (i) RCW 23.80.090; 1939 c 100 § 9;
RRS § 3803-109; formerly RCW 23.20.100. (ii) RCW
62.01.049; 1955 c 35 § 62.01.049; prior: 1899 c 149 § 49;
RRS § 3440.]
Effective date—1995 c 48: See RCW 62A.11-113.
PART 4
REGISTRATION
62A.8-401
62A.8-401 Duty of issuer to register transfer. (1) If a
certificated security in registered form is presented to the
issuer with a request to register transfer or an instruction is
presented to the issuer with a request to register transfer of an
uncertificated security, the issuer shall register the transfer as
requested if:
(a) Under the terms of the security the person seeking
registration of transfer is eligible to have the security registered in its name;
(b) The indorsement or instruction is made by the appropriate person or by an agent who has actual authority to act on
behalf of the appropriate person;
(c) Reasonable assurance is given that the indorsement
or instruction is genuine and authorized (RCW 62A.8-402);
(d) Any applicable law relating to the collection of taxes
has been complied with;
(e) The transfer does not violate any restriction on transfer imposed by the issuer in accordance with RCW
62A.8-204;
(f) A demand that the issuer not register transfer has not
become effective under RCW 62A.8-403, or the issuer has
[Title 62A RCW—page 111]
62A.8-402
Title 62A RCW: Uniform Commercial Code
complied with RCW 62A.8-403(2) but no legal process or
indemnity bond is obtained as provided in RCW 62A.8403(4); and
(g) The transfer is in fact rightful or is to a protected purchaser.
(2) If an issuer is under a duty to register a transfer of a
security, the issuer is liable to a person presenting a certificated security or an instruction for registration or to the person’s principal for loss resulting from unreasonable delay in
registration or failure or refusal to register the transfer. [1995
c 48 § 34; 1986 c 35 § 37; 1965 ex.s. c 157 § 8-401.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-402
62A.8-402 Assurance that indorsement or instruction is effective. (1) An issuer may require the following
assurance that each necessary indorsement or each instruction is genuine and authorized:
(a) In all cases, a guaranty of the signature of the person
making an indorsement or originating an instruction including, in the case of an instruction, reasonable assurance of
identity;
(b) If the indorsement is made or the instruction is originated by an agent, appropriate assurance of actual authority
to sign;
(c) If the indorsement is made or the instruction is originated by a fiduciary pursuant to RCW 62A.8-107(1) (d) or
(e), appropriate evidence of appointment or incumbency;
(d) If there is more than one fiduciary, reasonable assurance that all who are required to sign have done so; and
(e) If the indorsement is made or the instruction is originated by a person not covered by another provision of this
subsection, assurance appropriate to the case corresponding
as nearly as may be to the provisions of this subsection.
(2) An issuer may elect to require reasonable assurance
beyond that specified in this section.
(3) In this section:
(a) "Guaranty of the signature" means a guaranty signed
by or on behalf of a person reasonably believed by the issuer
to be responsible. An issuer may adopt standards with respect
to responsibility if they are not manifestly unreasonable.
(b) "Appropriate evidence of appointment or incumbency" [means]:
(i) In the case of a fiduciary appointed or qualified by a
court, a certificate issued by or under the direction or supervision of the court or an officer thereof and dated within sixty
days before the date of presentation for transfer; or
(ii) In any other case, a copy of a document showing the
appointment or a certificate issued by or on behalf of a person
reasonably believed by an issuer to be responsible or, in the
absence of that document or certificate, other evidence the
issuer reasonably considered appropriate. [1995 c 48 § 35;
1986 c 35 § 38; 1965 ex.s. c 157 § 8-402.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-403
62A.8-403 Demand that issuer not register transfer.
(1) A person who is an appropriate person to make an
indorsement or originate an instruction may demand that the
issuer not register transfer of a security by communicating to
the issuer a notification that identifies the registered owner
and the issue of which the security is a part and provides an
[Title 62A RCW—page 112]
address for communications directed to the person making
the demand. The demand is effective only if it is received by
the issuer at a time and in a manner affording the issuer reasonable opportunity to act on it.
(2) If a certificated security in registered form is presented to an issuer with a request to register transfer or an
instruction is presented to an issuer with a request to register
transfer of an uncertificated security after a demand that the
issuer not register transfer has become effective, the issuer
shall promptly communicate to (a) the person who initiated
the demand at the address provided in the demand and (b) the
person who presented the security for registration of transfer
or initiated the instruction requesting registration of transfer a
notification stating that:
(i) The certificated security has been presented for registration of transfer or instruction for registration of transfer of
uncertificated security has been received;
(ii) A demand that the issuer not register transfer had
previously been received; and
(iii) The issuer will withhold registration of transfer for a
period of time stated in the notification in order to provide the
person who initiated the demand an opportunity to obtain
legal process or an indemnity bond.
(3) The period described in subsection (2)(b)(iii) of this
section may not exceed thirty days after the date of communication of the notification. A shorter period may be specified
by the issuer if it is not manifestly unreasonable.
(4) An issuer is not liable to a person who initiated a
demand that the issuer not register transfer for any loss the
person suffers as a result of registration of a transfer pursuant
to an effective indorsement or instruction if the person who
initiated the demand does not, within the time stated in the
issuer’s communication, either:
(a) Obtain an appropriate restraining order, injunction, or
other process from a court of competent jurisdiction enjoining the issuer from registering the transfer; or
(b) File with the issuer an indemnity bond, sufficient in
the issuer’s judgment to protect the issuer and any transfer
agent, registrar, or other agent of the issuer involved from any
loss it or they may suffer by refusing to register the transfer.
(5) This section does not relieve an issuer from liability
for registering transfer pursuant to an indorsement or instruction that was not effective. [1995 c 48 § 36; 1986 c 35 § 39;
1965 ex.s. c 157 § 8-403.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-404
62A.8-404 Wrongful registration. (1) Except as otherwise provided in RCW 62A.8-406, an issuer is liable for
wrongful registration of transfer if the issuer has registered a
transfer of a security to a person not entitled to it, and the
transfer was registered:
(a) Pursuant to an ineffective indorsement or instruction;
(b) After a demand that the issuer not register transfer
became effective under RCW 62A.8-403(1) and the issuer
did not comply with RCW 62A.8-403(2);
(c) After the issuer had been served with an injunction,
restraining order, or other legal process enjoining it from registering the transfer, issued by a court of competent jurisdiction, and the issuer had a reasonable opportunity to act on the
injunction, restraining order, or other legal process; or
(2006 Ed.)
Investment Securities
(d) By an issuer acting in collusion with the wrongdoer.
(2) An issuer that is liable for wrongful registration of
transfer under subsection (1) of this section on demand shall
provide the person entitled to the security with a like certificated or uncertificated security, and any payments or distributions that the person did not receive as a result of the
wrongful registration. If an overissue would result, the
issuer’s liability to provide the person with a like security is
governed by RCW 62A.8-210.
(3) Except as otherwise provided in subsection (1) of this
section or in a law relating to the collection of taxes, an issuer
is not liable to an owner or other person suffering loss as a
result of the registration of a transfer of a security if registration was made pursuant to an effective indorsement or
instruction. [1995 c 48 § 37; 1986 c 35 § 40; 1965 ex.s. c 157
§ 8-404.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-405
62A.8-405 Replacement of lost, destroyed, or wrongfully taken security certificate. (1) If an owner of a certificated security, whether in registered or bearer form, claims
that the certificate has been lost, destroyed, or wrongfully
taken, the issuer shall issue a new certificate if the owner:
(a) So requests before the issuer has notice that the certificate has been acquired by a protected purchaser;
(b) Files with the issuer a sufficient indemnity bond; and
(c) Satisfies any other reasonable requirements imposed
by the issuer.
(2) If, after the issue of a new security certificate, a protected purchaser of the original certificate presents it for registration of transfer, the issuer shall register the transfer
unless an overissue would result. In that case, the issuer’s liability is governed by RCW 62A.8-209. In addition to any
rights on the indemnity bond, an issuer may recover the new
certificate from the person to whom it was issued or any person taking under that person, except a protected purchaser.
[1995 c 48 § 38; 1986 c 35 § 41; 1965 ex.s. c 157 § 8-405. Cf.
former RCW 23.80.170; 1939 c 100 § 17; RRS § 3803-117;
formerly RCW 23.20.180.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-406
62A.8-406 Obligation to notify issuer of lost,
destroyed, or wrongfully taken security certificate. If a
security certificate has been lost, apparently destroyed, or
wrongfully taken, and the owner fails to notify the issuer of
that fact within a reasonable time after the owner has notice
of it and the issuer registers a transfer of the security before
receiving notification, the owner may not assert against the
issuer a claim for registering the transfer under RCW 62A.8404 or a claim to a new security certificate under RCW
62A.8-405. [1995 c 48 § 39; 1986 c 35 § 42; 1965 ex.s. c 157
§ 8-406.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-407
62A.8-407 Authenticating trustee, transfer agent,
and registrar. A person acting as authenticating trustee,
transfer agent, registrar, or other agent for an issuer in the
registration of a transfer of its securities, in the issue of new
security certificates or uncertificated securities, or in the cancellation of surrendered security certificates has the same
(2006 Ed.)
62A.8-503
obligation to the holder or owner of a certificated or uncertificated security with regard to the particular functions performed as the issuer has in regard to those functions. [1995 c
48 § 40; 1986 c 35 § 43.]
Effective date—1995 c 48: See RCW 62A.11-113.
PART 5
SECURITY ENTITLEMENTS
62A.8-501
62A.8-501 Securities account; acquisition of security
entitlement from securities intermediary. (1) "Securities
account" means an account to which a financial asset is or
may be credited in accordance with an agreement under
which the person maintaining the account undertakes to treat
the person for whom the account is maintained as entitled to
exercise the rights that comprise the financial asset.
(2) Except as otherwise provided in subsections (4) and
(5) of this section, a person acquires a security entitlement if
a securities intermediary:
(a) Indicates by book entry that a financial asset has been
credited to the person’s securities account;
(b) Receives a financial asset from the person or acquires
a financial asset for the person and, in either case, accepts it
for credit to the person’s securities account; or
(c) Becomes obligated under other law, regulation, or
rule to credit a financial asset to the person’s securities
account.
(3) If a condition of subsection (2) of this section has
been met, a person has a security entitlement even though the
securities intermediary does not itself hold the financial asset.
(4) If a securities intermediary holds a financial asset for
another person, and the financial asset is registered in the
name of, payable to the order of, or specially indorsed to the
other person, and has not been indorsed to the securities intermediary or in blank, the other person is treated as holding the
financial asset directly rather than as having a security entitlement with respect to the financial asset.
(5) Issuance of a security is not establishment of a security entitlement. [1995 c 48 § 41.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-502
62A.8-502 Assertion of adverse claim against entitlement holder. An action based on an adverse claim to a
financial asset, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be
asserted against a person who acquires a security entitlement
under RCW 62A.8-501 for value and without notice of the
adverse claim. [1995 c 48 § 42.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-503
62A.8-503 Property interest of entitlement holder in
financial asset held by securities intermediary. (1) To the
extent necessary for a securities intermediary to satisfy all
security entitlements with respect to a particular financial
asset, all interests in that financial asset held by the securities
intermediary are held by the securities intermediary for the
entitlement holders, are not property of the securities intermediary, and are not subject to claims of creditors of the
securities intermediary, except as otherwise provided in
RCW 62A.8-511.
[Title 62A RCW—page 113]
62A.8-504
Title 62A RCW: Uniform Commercial Code
(2) An entitlement holder’s property interest with respect
to a particular financial asset under subsection (1) of this section is a pro rata property interest in all interests in that financial asset held by the securities intermediary, without regard
to the time the entitlement holder acquired the security entitlement or the time the securities intermediary acquired the
interest in that financial asset.
(3) An entitlement holder’s property interest with respect
to a particular financial asset under subsection (1) of this section may be enforced against the securities intermediary only
by exercise of the entitlement holder’s rights under RCW
62A.8-505 through 62A.8-508.
(4) An entitlement holder’s property interest with respect
to a particular financial asset under subsection (1) of this section may be enforced against a purchaser of the financial
asset or interest therein only if:
(a) Insolvency proceedings have been initiated by or
against the securities intermediary;
(b) The securities intermediary does not have sufficient
interests in the financial asset to satisfy the security entitlements of all of its entitlement holders to that financial asset;
(c) The securities intermediary violated its obligations
under RCW 62A.8-504 by transferring the financial asset or
interest therein to the purchaser; and
(d) The purchaser is not protected under subsection (5)
of this section.
The trustee or other liquidator, acting on behalf of all entitlement holders having security entitlements with respect to a
particular financial asset, may recover the financial asset, or
interest therein, from the purchaser. If the trustee or other liquidator elects not to pursue that right, an entitlement holder
whose security entitlement remains unsatisfied has the right
to recover its interest in the financial asset from the purchaser.
(5) An action based on the entitlement holder’s property
interest with respect to a particular financial asset under subsection (1) of this section, whether framed in conversion,
replevin, constructive trust, equitable lien, or other theory,
may not be asserted against any purchaser of a financial asset
or interest therein who gives value, obtains control, and does
not act in collusion with the securities intermediary in violating the securities intermediary’s obligations under RCW
62A.8-504. [1995 c 48 § 43.]
Effective date—1995 c 48: See RCW 62A.11-113.
(a) The securities intermediary acts with respect to the
duty as agreed upon by the entitlement holder and the securities intermediary; or
(b) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to obtain and maintain the financial asset.
(4) This section does not apply to a clearing corporation
that is itself the obligor of an option or similar obligation to
which its entitlement holders have security entitlements.
[1995 c 48 § 44.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-505
62A.8-505 Duty of securities intermediary with
respect to payments and distributions. (1) A securities
intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset. A securities intermediary satisfies the duty if:
(a) The securities intermediary acts with respect to the
duty as agreed upon by the entitlement holder and the securities intermediary; or
(b) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to attempt to obtain the payment or distribution.
(2) A securities intermediary is obligated to its entitlement holder for a payment or distribution made by the issuer
of a financial asset if the payment or distribution is received
by the securities intermediary. [1995 c 48 § 45.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-506
62A.8-506 Duty of securities intermediary to exercise
rights as directed by entitlement holder. A securities intermediary shall exercise rights with respect to a financial asset
if directed to do so by an entitlement holder. A securities
intermediary satisfies the duty if:
(1) The securities intermediary acts with respect to the
duty as agreed upon by the entitlement holder and the securities intermediary; or
(2) In the absence of agreement, the securities intermediary either places the entitlement holder in a position to exercise the rights directly or exercises due care in accordance
with reasonable commercial standards to follow the direction
of the entitlement holder. [1995 c 48 § 46.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-507
62A.8-504
62A.8-504 Duty of securities intermediary to maintain financial asset. (1) A securities intermediary shall
promptly obtain and thereafter maintain a financial asset in a
quantity corresponding to the aggregate of all security entitlements it has established in favor of its entitlement holders
with respect to that financial asset. The securities intermediary may maintain those financial assets directly or through
one or more other securities intermediaries.
(2) Except to the extent otherwise agreed by its entitlement holder, a securities intermediary may not grant any
security interests in a financial asset it is obligated to maintain pursuant to subsection (1) of this section.
(3) A securities intermediary satisfies the duty in subsection (1) of this section if:
[Title 62A RCW—page 114]
62A.8-507 Duty of securities intermediary to comply
with entitlement order. (1) A securities intermediary shall
comply with an entitlement order if the entitlement order is
originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the
entitlement order is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply
with the entitlement order. A securities intermediary satisfies
the duty if:
(a) The securities intermediary acts with respect to the
duty as agreed upon by the entitlement holder and the securities intermediary; or
(b) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to comply with the entitlement order.
(2006 Ed.)
Investment Securities
(2) If a securities intermediary transfers a financial asset
pursuant to an ineffective entitlement order, the securities
intermediary shall reestablish a security entitlement in favor
of the person entitled to it, and pay or credit any payments or
distributions that the person did not receive as a result of the
wrongful transfer. If the securities intermediary does not
reestablish a security entitlement, the securities intermediary
is liable to the entitlement holder for damages. [1995 c 48 §
47.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-508
62A.8-508 Duty of securities intermediary to change
entitlement holder’s position to other form of security
holding. A securities intermediary shall act at the direction
of an entitlement holder to change a security entitlement into
another available form of holding for which the entitlement
holder is eligible, or to cause the financial asset to be transferred to a securities account of the entitlement holder with
another securities intermediary. A securities intermediary
satisfies the duty if:
(1) The securities intermediary acts as agreed upon by
the entitlement holder and the securities intermediary; or
(2) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement
holder. [1995 c 48 § 48.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-509
62A.8-509 Specification of duties of securities intermediary by other statute or regulation; manner of performance of duties of securities intermediary and exercise of
rights of entitlement holder. (1) If the substance of a duty
imposed upon a securities intermediary by RCW 62A.8-504
through 62A.8-508 is the subject of other statute, regulation,
or rule, compliance with that statute, regulation, or rule satisfies the duty.
(2) To the extent that specific standards for the performance of the duties of a securities intermediary or the exercise of the rights of an entitlement holder are not specified by
other statute, regulation, or rule or by agreement between the
securities intermediary and entitlement holder, the securities
intermediary shall perform its duties and the entitlement
holder shall exercise its rights in a commercially reasonable
manner.
(3) The obligation of a securities intermediary to perform
the duties imposed by RCW 62A.8-504 through 62A.8-508 is
subject to:
(a) Rights of the securities intermediary arising out of a
security interest under a security agreement with the entitlement holder or otherwise; and
(b) Rights of the securities intermediary under other law,
regulation, rule, or agreement to withhold performance of its
duties as a result of unfulfilled obligations of the entitlement
holder to the securities intermediary.
(4) RCW 62A.8-504 through 62A.8-508 do not require a
securities intermediary to take any action that is prohibited by
other statute, regulation, or rule. [1995 c 48 § 49.]
Effective date—1995 c 48: See RCW 62A.11-113.
(2006 Ed.)
62A.8-511
62A.8-510 Rights of purchaser of security entitlement from entitlement holder. (1) In a case not covered by
the priority rules in Article 9A or the rules stated in subsection (3) of this section, an action based on an adverse claim to
a financial asset or security entitlement, whether framed in
conversion, replevin, constructive trust, equitable lien, or
other theory, may not be asserted against a person who purchases a security entitlement, or an interest therein, from an
entitlement holder if the purchaser gives value, does not have
notice of the adverse claim, and obtains control.
(2) If an adverse claim could not have been asserted
against an entitlement holder under RCW 62A.8-502, the
adverse claim cannot be asserted against a person who purchases a security entitlement, or an interest therein, from the
entitlement holder.
(3) In a case not covered by the priority rules in Article
9A, a purchaser for value of a security entitlement, or an
interest therein, who obtains control has priority over a purchaser of a security entitlement, or an interest therein, who
does not obtain control. Except as otherwise provided in subsection (4) of this section, purchasers who have control rank
according to priority in time of:
(a) The purchaser’s becoming the person for whom the
securities account, in which the security entitlement is carried, is maintained, if the purchaser obtained control under
RCW 62A.8-106(4)(a);
(b) The securities intermediary’s agreement to comply
with the purchaser’s entitlement orders with respect to security entitlements carried or to be carried in the securities
account in which the security entitlement is carried, if the
purchaser obtained control under RCW 62A.8-106(4)(b); or
(c) If the purchaser obtained control through another person under RCW 62A.8-106(4)(c), the time on which priority
would be based under this subsection if the other person were
the secured party.
(4) A securities intermediary as purchaser has priority
over a conflicting purchaser who has control unless otherwise
agreed by the securities intermediary. [2001 c 32 § 15; 2000
c 250 § 9A-820; 1995 c 48 § 50.]
62A.8-510
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Effective date—2000 c 250: See RCW 62A.9A-701.
Effective date—1995 c 48: See RCW 62A.11-113.
62A.8-511 Priority among security interests and entitlement holders. (1) Except as otherwise provided in subsections (2) and (3) of this section, if a securities intermediary
does not have sufficient interests in a particular financial
asset to satisfy both its obligations to entitlement holders who
have security entitlements to that financial asset and its obligation to a creditor of the securities intermediary who has a
security interest in that financial asset, the claims of entitlement holders, other than the creditor, have priority over the
claim of the creditor.
(2) A claim of a creditor of a securities intermediary who
has a security interest in a financial asset held by a securities
intermediary has priority over claims of the securities intermediary’s entitlement holders who have security entitlements
with respect to that financial asset if the creditor has control
over the financial asset.
(3) If a clearing corporation does not have sufficient
financial assets to satisfy both its obligations to entitlement
62A.8-511
[Title 62A RCW—page 115]
62A.8-601
Title 62A RCW: Uniform Commercial Code
holders who have security entitlements with respect to a
financial asset and its obligation to a creditor of the clearing
corporation who has a security interest in that financial asset,
the claim of the creditor has priority over the claims of entitlement holders. [1995 c 48 § 51.]
Effective date—1995 c 48: See RCW 62A.11-113.
PART 6
TRANSITION PROVISIONS FOR REVISED ARTICLE 8
AND CONFORMING AMENDMENTS TO
*ARTICLES 1, 5, 9, AND 10
*Reviser’s note: (1) See 1995 c 48 §§ 54 through 71.
(2) Article 9 was repealed in its entirety by 2000 c 250 § 9A-901, effective July 1, 2001.
62A.9A-206
62A.9A-207
62A.9A-208
62A.9A-209
62A.9A-210
PART 3
PERFECTION AND PRIORITY
62A.9A-301
62A.9A-302
62A.9A-303
62A.9A-304
62A.9A-305
62A.8-601
62A.8-601 Savings clause. (1) Chapter 48, Laws of
1995 does not affect an action or proceeding commenced
before April 17, 1995.
(2) If a security interest in a security is perfected by April
17, 1995, and the action by which the security interest was
perfected would suffice to perfect a security interest under
chapter 48, Laws of 1995, no further action is required to
continue perfection. If a security interest in a security is perfected by April 17, 1995, but the action by which the security
interest was perfected would not suffice to perfect a security
interest under chapter 48, Laws of 1995, the security interest
remains perfected through December 31, 1995, and continues
perfected thereafter if appropriate action to perfect under
chapter 48, Laws of 1995 is taken by that date. If a security
interest is perfected by April 17, 1995, and the security interest can be perfected by filing under chapter 48, Laws of 1995,
a financing statement signed by the secured party instead of
the debtor may be filed within that period to continue perfection or thereafter to perfect. [1995 c 48 § 53.]
Effective date—1995 c 48: See RCW 62A.11-113.
62A.9A-306
62A.9A-307
62A.9A-308
62A.9A-309
62A.9A-310
62A.9A-311
62A.9A-312
62A.9A-313
62A.9A-314
62A.9A-315
62A.9A-316
62A.9A-317
62A.9A-318
62A.9A-319
Article 9A
SECURED TRANSACTIONS; SALES OF ACCOUNTS,
CONTRACT RIGHTS AND CHATTEL PAPER
Article 9A
62A.9A-320
62A.9A-321
62A.9A-322
Sections
PART 1
GENERAL PROVISIONS
62A.9A-101
62A.9A-102
62A.9A-103
62A.9A-104
62A.9A-105
62A.9A-106
62A.9A-107
62A.9A-108
62A.9A-109
62A.9A-110
Short title.
Definitions and index of definitions.
Purchase-money security interest; application of payments;
burden of establishing.
Control of deposit account.
Control of electronic chattel paper.
Control of investment property.
Control of letter-of-credit right.
Sufficiency of description in security agreement.
Scope.
Security interests arising under Article 2 or 2A.
PART 2
EFFECTIVENESS OF SECURITY AGREEMENT;
ATTACHMENT OF SECURITY INTEREST;
RIGHTS OF PARTIES TO SECURITY AGREEMENT
62A.9A-201
62A.9A-202
62A.9A-203
62A.9A-204
62A.9A-205
General effectiveness of security agreement.
Title to collateral immaterial.
Attachment and enforceability of security interest; proceeds;
supporting obligations; formal requisites.
After-acquired property; future advances.
Use or disposition of collateral permissible.
[Title 62A RCW—page 116]
Security interest arising in purchase or delivery of financial
asset.
Rights and duties of secured party having possession or control of collateral.
Additional duties of secured party having control of collateral.
Duties of secured party if account debtor has been notified of
assignment.
Request for accounting; request regarding list of collateral or
statement of account.
62A.9A-323
62A.9A-324
62A.9A-325
62A.9A-326
62A.9A-327
62A.9A-328
62A.9A-329
62A.9A-330
62A.9A-331
62A.9A-332
62A.9A-333
62A.9A-334
62A.9A-335
62A.9A-336
62A.9A-337
62A.9A-338
62A.9A-339
62A.9A-340
62A.9A-341
62A.9A-342
Law governing perfection and priority of security interests.
Law governing perfection and priority of agricultural liens.
Law governing perfection and priority of security interests in
goods covered by a certificate of title.
Law governing perfection and priority of security interests in
deposit accounts.
Law governing perfection and priority of security interests in
investment property.
Law governing perfection and priority of security interests in
letter-of-credit rights.
Location of debtor.
When security interest or agricultural lien is perfected; continuity of perfection.
Security interest perfected upon attachment.
When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which
filing provisions do not apply.
Perfection of security interests in property subject to certain
statutes, regulations, and treaties.
Perfection of security interests in chattel paper, deposit
accounts, documents, goods covered by documents,
instruments, investment property, letter-of-credit rights,
and money; perfection by permissive filing; temporary
perfection without filing or transfer of possession.
When possession by or delivery to secured party perfects
security interest without filing.
Perfection by control.
Secured party’s rights on disposition of collateral and in proceeds.
Continued perfection of security interest following change in
governing law.
Interests that take priority over or take free of security interest or agricultural lien.
No interest retained in right to payment that is sold; rights and
title of seller of account or chattel paper with respect to
creditors and purchasers.
Rights and title of consignee with respect to creditors and
purchasers.
Buyer of goods.
Licensee of general intangible and lessee of goods in ordinary course of business.
Priorities among conflicting security interests in and agricultural liens on same collateral.
Future advances.
Priority of purchase-money security interests.
Priority of security interests in transferred collateral.
Priority of security interests created by new debtor.
Priority of security interests in deposit account.
Priority of security interests in investment property.
Priority of security interests in letter-of-credit right.
Priority of purchaser of chattel paper or instrument.
Priority of rights of purchasers of instruments, documents,
and securities under other articles; priority of interests in
financial assets and security entitlements under Article 8.
Transfer of money; transfer of funds from deposit account.
Priority of certain liens arising by operation of law.
Priority of security interests in fixtures and crops.
Accessions.
Commingled goods.
Priority of security interests in goods covered by certificate
of title.
Priority of security interest or agricultural lien perfected by
filed financing statement providing certain incorrect information.
Priority subject to subordination.
Effectiveness of right of recoupment or set-off against
deposit account.
Bank’s rights and duties with respect to deposit account.
Bank’s right to refuse to enter into or disclose existence of
control agreement.
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
PART 4
RIGHTS OF THIRD PARTIES
62A.9A-401
62A.9A-402
62A.9A-403
62A.9A-404
62A.9A-405
62A.9A-406
62A.9A-407
62A.9A-408
62A.9A-409
Alienability of debtor’s rights.
Secured party not obligated on contract of debtor or in tort.
Agreement not to assert defenses against assignee.
Rights acquired by assignee; claims and defenses against
assignee.
Modification of assigned contract.
Discharge of account debtor; notification of assignment;
identification and proof of assignment; restrictions on
assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.
Restrictions on creation or enforcement of security interest in
leasehold interest or in lessor’s residual interest.
Restrictions on assignment of promissory notes, health-careinsurance receivables, and certain general intangibles ineffective.
Restrictions on assignment of letter-of-credit rights ineffective.
PART 5
FILING
62A.9A-501
62A.9A-502
62A.9A-503
62A.9A-504
62A.9A-505
62A.9A-506
62A.9A-507
62A.9A-508
62A.9A-509
62A.9A-510
62A.9A-511
62A.9A-512
62A.9A-513
62A.9A-514
62A.9A-515
62A.9A-516
62A.9A-517
62A.9A-518
62A.9A-519
62A.9A-520
62A.9A-521
62A.9A-522
62A.9A-523
62A.9A-524
62A.9A-525
62A.9A-526
62A.9A-527
Filing office.
Contents of financing statement; record of mortgage as
financing statement; time of filing financing statement.
Name of debtor and secured party.
Indication of collateral.
Filing and compliance with other statutes and treaties for
consignments, leases, other bailments, and other transactions.
Effect of errors or omissions.
Effect of certain events on effectiveness of financing statement.
Effectiveness of financing statement if new debtor becomes
bound by security agreement.
Persons entitled to file a record.
Effectiveness of filed record.
Secured party of record.
Amendment of financing statement.
Termination statement.
Assignment of powers of secured party of record.
Duration and effectiveness of financing statement; effect of
lapsed financing statement.
What constitutes filing; effectiveness of filing.
Effect of indexing errors.
Claim concerning inaccurate or wrongfully filed record.
Numbering, maintaining, and indexing records; communicating information provided in records.
Acceptance and refusal to accept record.
Uniform form of written financing statement and amendment.
Maintenance and destruction of records.
Information from filing office; sale or license of records.
Delay by filing office.
Fees.
Filing-office rules.
Duty to report.
PART 6
DEFAULT
62A.9A-601
62A.9A-602
62A.9A-603
62A.9A-604
62A.9A-605
62A.9A-606
62A.9A-607
62A.9A-608
62A.9A-609
62A.9A-610
62A.9A-611
62A.9A-612
62A.9A-613
62A.9A-614
62A.9A-615
(2006 Ed.)
Rights after default; judicial enforcement; consignor or buyer
of accounts, chattel paper, payment intangibles, or promissory notes.
Waiver and variance of rights and duties.
Agreement on standards concerning rights and duties.
Procedure if security agreement covers real property, fixtures, or manufactured home.
Unknown debtor or secondary obligor.
Time of default for agricultural lien.
Collection and enforcement by secured party.
Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.
Secured party’s right to take possession after default.
Disposition of collateral after default.
Notification before disposition of collateral.
Timeliness of notification before disposition of collateral.
Contents and form of notification before disposition of collateral: General.
Contents and form of notification before disposition of collateral: Consumer-goods transaction.
Application of proceeds of disposition; liability for deficiency and right to surplus.
62A.9A-616
62A.9A-617
62A.9A-618
62A.9A-619
62A.9A-620
62A.9A-621
62A.9A-622
62A.9A-623
62A.9A-624
62A.9A-625
62A.9A-626
62A.9A-627
62A.9A-628
62A.9A-102
Explanation of calculation of surplus or deficiency.
Rights of transferee of collateral.
Rights and duties of certain secondary obligors.
Transfer of record or legal title.
Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.
Notification of proposal to accept collateral.
Effect of acceptance of collateral.
Right to redeem collateral.
Waiver.
Remedies for secured party’s failure to comply with Article.
Action in which deficiency or surplus is in issue.
Determination of whether conduct was commercially reasonable.
Nonliability and limitation on liability of secured party; liability of secondary obligor.
PART 7
TRANSITION
62A.9A-701
62A.9A-702
62A.9A-703
62A.9A-704
62A.9A-705
62A.9A-706
62A.9A-707
62A.9A-708
62A.9A-709
Effective date.
Savings clause.
Security interest perfected before effective date.
Security interest unperfected before effective date.
Effectiveness of action taken before effective date.
When initial financing statement suffices to continue effectiveness of financing statement.
Amendment of preeffective-date financing statement.
Persons entitled to file initial financing statement or continuation statement.
Priority.
PART 1
GENERAL PROVISIONS
62A.9A-101 Short title. This Article may be cited as
the Uniform Commercial Code-Secured Transactions. [2000
c 250 § 9A-101.]
62A.9A-101
62A.9A-102 Definitions and index of definitions. (a)
Article 9A definitions. In this Article:
(1) "Accession" means goods that are physically united
with other goods in such a manner that the identity of the
original goods is not lost.
(2)(A) "Account," except as used in "account for,"
means a right to payment of a monetary obligation, whether
or not earned by performance, (i) for property that has been or
is to be sold, leased, licensed, assigned, or otherwise disposed
of, (ii) for services rendered or to be rendered, (iii) for a policy of insurance issued or to be issued, (iv) for a secondary
obligation incurred or to be incurred, (v) for energy provided
or to be provided, (vi) for the use or hire of a vessel under a
charter or other contract, (vii) arising out of the use of a credit
or charge card or information contained on or for use with the
card, or (viii) as winnings in a lottery or other game of chance
operated or sponsored by a state, governmental unit of a state,
or person licensed or authorized to operate the game by a
state or governmental unit of a state. The term includes
health-care-insurance receivables.
(B) The term does not include (i) rights to payment evidenced by chattel paper or an instrument, (ii) commercial tort
claims, (iii) deposit accounts, (iv) investment property, (v)
letter-of-credit rights or letters of credit, or (vi) rights to payment for money or funds advanced or sold, other than rights
arising out of the use of a credit or charge card or information
contained on or for use with the card.
(3) "Account debtor" means a person obligated on an
account, chattel paper, or general intangible. The term does
not include persons obligated to pay a negotiable instrument,
even if the instrument constitutes part of chattel paper.
62A.9A-102
[Title 62A RCW—page 117]
62A.9A-102
Title 62A RCW: Uniform Commercial Code
(4) "Accounting," except as used in "accounting for,"
means a record:
(A) Authenticated by a secured party;
(B) Indicating the aggregate unpaid secured obligations
as of a date not more than thirty-five days earlier or thirtyfive days later than the date of the record; and
(C) Identifying the components of the obligations in reasonable detail.
(5) "Agricultural lien" means an interest, other than a
security interest, in farm products:
(A) Which secures payment or performance of an obligation for:
(i) Goods or services furnished in connection with a
debtor’s farming operation; or
(ii) Rent on real property leased by a debtor in connection with its farming operation;
(B) Which is created by statute in favor of a person that:
(i) In the ordinary course of its business, furnished goods
or services to a debtor in connection with a debtor’s farming
operation; or
(ii) Leased real property to a debtor in connection with
the debtor’s farming operation; and
(C) Whose effectiveness does not depend on the person’s
possession of the personal property.
(6) "As-extracted collateral" means:
(A) Oil, gas, or other minerals that are subject to a security interest that:
(i) Is created by a debtor having an interest in the minerals before extraction; and
(ii) Attaches to the minerals as extracted; or
(B) Accounts arising out of the sale at the wellhead or
minehead of oil, gas, or other minerals in which the debtor
had an interest before extraction.
(7) "Authenticate" means:
(A) To sign; or
(B) To execute or otherwise adopt a symbol, or encrypt
or similarly process a record in whole or in part, with the
present intent of the authenticating person to identify the person and adopt or accept a record.
(8) "Bank" means an organization that is engaged in the
business of banking. The term includes savings banks, savings and loan associations, credit unions, and trust companies.
(9) "Cash proceeds" means proceeds that are money,
checks, deposit accounts, or the like.
(10) "Certificate of title" means a certificate of title with
respect to which a statute provides for the security interest in
question to be indicated on the certificate as a condition or
result of the security interest’s obtaining priority over the
rights of a lien creditor with respect to the collateral.
(11) "Chattel paper" means a record or records that evidence both a monetary obligation and a security interest in
specific goods, a security interest in specific goods and software used in the goods, a security interest in specific goods
and license of software used in the goods, a lease of specific
goods, or a lease of specific goods and license of software
used in the goods. In this subsection, "monetary obligation"
means a monetary obligation secured by the goods or owed
under a lease of the goods and includes a monetary obligation
with respect to software used in the goods. The term "chattel
paper" does not include (A) charters or other contracts
[Title 62A RCW—page 118]
involving the use or hire of a vessel or (B) records that evidence a right to payment arising out of the use of a credit or
charge card or information contained on or for use with the
card. If a transaction is evidenced by records that include an
instrument or series of instruments, the group of records
taken together constitutes chattel paper.
(12) "Collateral" means the property subject to a security
interest or agricultural lien. The term includes:
(A) Proceeds to which a security interest attaches;
(B) Accounts, chattel paper, payment intangibles, and
promissory notes that have been sold; and
(C) Goods that are the subject of a consignment.
(13) "Commercial tort claim" means a claim arising in
tort with respect to which:
(A) The claimant is an organization; or
(B) The claimant is an individual, and the claim:
(i) Arose in the course of the claimant’s business or profession; and
(ii) Does not include damages arising out of personal
injury to, or the death of, an individual.
(14) "Commodity account" means an account maintained by a commodity intermediary in which a commodity
contract is carried for a commodity customer.
(15) "Commodity contract" means a commodity futures
contract, an option on a commodity futures contract, a commodity option, or another contract if the contract or option is:
(A) Traded on or subject to the rules of a board of trade
that has been designated as a contract market for such a contract pursuant to federal commodities laws; or
(B) Traded on a foreign commodity board of trade,
exchange, or market, and is carried on the books of a commodity intermediary for a commodity customer.
(16) "Commodity customer" means a person for which a
commodity intermediary carries a commodity contract on its
books.
(17) "Commodity intermediary" means a person that:
(A) Is registered as a futures commission merchant under
federal commodities law; or
(B) In the ordinary course of its business, provides clearance or settlement services for a board of trade that has been
designated as a contract market pursuant to federal commodities law.
(18) "Communicate" means:
(A) To send a written or other tangible record;
(B) To transmit a record by any means agreed upon by
the persons sending and receiving the record; or
(C) In the case of transmission of a record to or by a filing office, to transmit a record by any means prescribed by
filing-office rule.
(19) "Consignee" means a merchant to which goods are
delivered in a consignment.
(20) "Consignment" means a transaction, regardless of
its form, in which a person delivers goods to a merchant for
the purpose of sale and:
(A) The merchant:
(i) Deals in goods of that kind under a name other than
the name of the person making delivery;
(ii) Is not an auctioneer; and
(iii) Is not generally known by its creditors to be substantially engaged in selling the goods of others;
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
(B) With respect to each delivery, the aggregate value of
the goods is one thousand dollars or more at the time of delivery;
(C) The goods are not consumer goods immediately
before delivery; and
(D) The transaction does not create a security interest
that secures an obligation.
(21) "Consignor" means a person that delivers goods to a
consignee in a consignment.
(22) "Consumer debtor" means a debtor in a consumer
transaction.
(23) "Consumer goods" means goods that are used or
bought for use primarily for personal, family, or household
purposes.
(24) "Consumer-goods transaction" means a consumer
transaction in which:
(A) An individual incurs a consumer obligation; and
(B) A security interest in consumer goods secures the
obligation.
(25) "Consumer obligation" means an obligation which:
(A) Is incurred as part of a transaction entered into primarily for personal, family, or household purposes; and
(B) Arises from an extension of credit, or commitment to
extend credit, in an aggregate amount not exceeding forty
thousand dollars, or is secured by personal property used or
expected to be used as a principal dwelling.
"Consumer obligor" means an obligor who is an individual and who incurred a consumer obligation.
(26) "Consumer transaction" means a transaction in
which (A) an individual incurs a consumer obligation, (B) a
security interest secures the obligation, and (C) the collateral
is held or acquired primarily for personal, family, or household purposes. The term includes consumer-goods transactions.
(27) "Continuation statement" means an amendment of a
financing statement which:
(A) Identifies, by its file number, the initial financing
statement to which it relates; and
(B) Indicates that it is a continuation statement for, or
that it is filed to continue the effectiveness of, the identified
financing statement.
(28) "Debtor" means:
(A) A person having an interest, other than a security
interest or other lien, in the collateral, whether or not the person is an obligor;
(B) A seller of accounts, chattel paper, payment intangibles, or promissory notes; or
(C) A consignee.
(29) "Deposit account" means a demand, time, savings,
passbook, or similar account maintained with a bank. The
term does not include investment property or accounts evidenced by an instrument.
(30) "Document" means a document of title or a receipt
of the type described in RCW 62A.7-201(2).
(31) "Electronic chattel paper" means chattel paper evidenced by a record or records consisting of information
stored in an electronic medium.
(32) "Encumbrance" means a right, other than an ownership interest, in real property. The term includes mortgages
and other liens on real property.
(2006 Ed.)
62A.9A-102
(33) "Equipment" means goods other than inventory,
farm products, or consumer goods.
(34) "Farm products" means goods, other than standing
timber, with respect to which the debtor is engaged in a farming operation and which are:
(A) Crops grown, growing, or to be grown, including:
(i) Crops produced on trees, vines, and bushes; and
(ii) Aquatic goods produced in aquacultural operations;
(B) Livestock, born or unborn, including aquatic goods
produced in aquacultural operations;
(C) Supplies used or produced in a farming operation; or
(D) Products of crops or livestock in their unmanufactured states.
(35) "Farming operation" means raising, cultivating,
propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation.
(36) "File number" means the number assigned to an initial financing statement pursuant to RCW 62A.9A-519(a).
(37) "Filing office" means an office designated in RCW
62A.9A-501 as the place to file a financing statement.
(38) "Filing-office rule" means a rule adopted pursuant
to RCW 62A.9A-526.
(39) "Financing statement" means a record or records
composed of an initial financing statement and any filed
record relating to the initial financing statement.
(40) "Fixture filing" means the filing of a financing statement covering goods that are or are to become fixtures and
satisfying RCW 62A.9A-502 (a) and (b). The term includes
the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures.
(41) "Fixtures" means goods that have become so related
to particular real property that an interest in them arises under
real property law.
(42) "General intangible" means any personal property,
including things in action, other than accounts, chattel paper,
commercial tort claims, deposit accounts, documents, goods,
instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals before
extraction. The term includes payment intangibles and software.
(43) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(44) "Goods" means all things that are movable when a
security interest attaches. The term includes (A) fixtures, (B)
standing timber that is to be cut and removed under a conveyance or contract for sale, (C) the unborn young of animals,
(D) crops grown, growing, or to be grown, even if the crops
are produced on trees, vines, or bushes, and (E) manufactured
homes. The term also includes a computer program embedded in goods and any supporting information provided in
connection with a transaction relating to the program if (i) the
program is associated with the goods in such a manner that it
customarily is considered part of the goods, or (ii) by becoming the owner of the goods, a person acquires a right to use
the program in connection with the goods. The term does not
include a computer program embedded in goods that consist
solely of the medium in which the program is embedded. The
term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter-of-credit
rights, letters of credit, money, or oil, gas, or other minerals
[Title 62A RCW—page 119]
62A.9A-102
Title 62A RCW: Uniform Commercial Code
before extraction or a manufactured home converted to real
property under chapter 65.20 RCW.
(45) "Governmental unit" means a subdivision, agency,
department, county, parish, municipality, or other unit of the
government of the United States, a state, or a foreign country.
The term includes an organization having a separate corporate existence if the organization is eligible to issue debt on
which interest is exempt from income taxation under the laws
of the United States.
(46) "Health-care-insurance receivable" means an interest in or claim under a policy of insurance which is a right to
payment of a monetary obligation for health-care goods or
services provided.
(47) "Instrument" means a negotiable instrument or any
other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease,
and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include (A) investment property, (B)
letters of credit, (C) writings that evidence a right to payment
arising out of the use of a credit or charge card or information
contained on or for use with the card, (D) writings that do not
contain a promise or order to pay, or (E) writings that are
expressly nontransferable or nonassignable.
(48) "Inventory" means goods, other than farm products,
which:
(A) Are leased by a person as lessor;
(B) Are held by a person for sale or lease or to be furnished under a contract of service;
(C) Are furnished by a person under a contract of service; or
(D) Consist of raw materials, work in process, or materials used or consumed in a business.
(49) "Investment property" means a security, whether
certificated or uncertificated, security entitlement, securities
account, commodity contract, or commodity account.
(50) "Jurisdiction of organization," with respect to a registered organization, means the jurisdiction under whose law
the organization is organized.
(51) "Letter-of-credit right" means a right to payment or
performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. The term does not include the right of
a beneficiary to demand payment or performance under a letter of credit.
(52) "Lien creditor" means:
(A) A creditor that has acquired a lien on the property
involved by attachment, levy, or the like;
(B) An assignee for benefit of creditors from the time of
assignment;
(C) A trustee in bankruptcy from the date of the filing of
the petition; or
(D) A receiver in equity from the time of appointment.
(53) "Manufactured home" means a manufactured home
or mobile home as defined in RCW 46.04.302.
(54) [Reserved]
(55) "Mortgage" means a consensual interest in real
property, including fixtures, which secures payment or performance of an obligation.
[Title 62A RCW—page 120]
(56) "New debtor" means a person that becomes bound
as debtor under RCW 62A.9A-203(d) by a security agreement previously entered into by another person.
(57) "New value" means (A) money, (B) money’s worth
in property, services, or new credit, or (C) release by a transferee of an interest in property previously transferred to the
transferee. The term does not include an obligation substituted for another obligation.
(58) "Noncash proceeds" means proceeds other than
cash proceeds.
(59) "Obligor" means a person that, with respect to an
obligation secured by a security interest in or an agricultural
lien on the collateral, (A) owes payment or other performance
of the obligation, (B) has provided property other than the
collateral to secure payment or other performance of the obligation, or (C) is otherwise accountable in whole or in part for
payment or other performance of the obligation. The term
does not include issuers or nominated persons under a letter
of credit.
(60) "Original debtor", except as used in RCW 62A.9A310(c), means a person that, as debtor, entered into a security
agreement to which a new debtor has become bound under
RCW 62A.9A-203(d).
(61) "Payment intangible" means a general intangible
under which the account debtor’s principal obligation is a
monetary obligation.
(62) "Person related to," with respect to an individual,
means:
(A) The spouse of the individual;
(B) A brother, brother-in-law, sister, or sister-in-law of
the individual;
(C) An ancestor or lineal descendant of the individual or
the individual’s spouse; or
(D) Any other relative, by blood or marriage, of the individual or the individual’s spouse who shares the same home
with the individual.
(63) "Person related to," with respect to an organization,
means:
(A) A person directly or indirectly controlling, controlled by, or under common control with the organization;
(B) An officer or director of, or a person performing similar functions with respect to, the organization;
(C) An officer or director of, or a person performing similar functions with respect to, a person described in (63)(A) of
this subsection;
(D) The spouse of an individual described in (63)(A),
(B), or (C) of this subsection; or
(E) An individual who is related by blood or marriage to
an individual described in (63)(A), (B), (C), or (D) of this
subsection and shares the same home with the individual.
(64) "Proceeds", except as used in RCW 62A.9A-609(b),
means the following property:
(A) Whatever is acquired upon the sale, lease, license,
exchange, or other disposition of collateral;
(B) Whatever is collected on, or distributed on account
of, collateral;
(C) Rights arising out of collateral;
(D) To the extent of the value of collateral, claims arising
out of the loss, nonconformity, or interference with the use
of, defects or infringement of rights in, or damage to, the collateral; or
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
(E) To the extent of the value of collateral and to the
extent payable to the debtor or the secured party, insurance
payable by reason of the loss or nonconformity of, defects or
infringement of rights in, or damage to, the collateral.
(65) "Promissory note" means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum
of money or funds.
(66) "Proposal" means a record authenticated by a
secured party, which includes the terms on which the secured
party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to RCW 62A.9A620, 62A.9A-621, and 62A.9A-622.
(67) "Public-finance transaction" means a secured transaction in connection with which:
(A) Debt securities are issued;
(B) All or a portion of the securities issued have an initial
stated maturity of at least twenty years; and
(C) The debtor, obligor, secured party, account debtor or
other person obligated on collateral, assignor or assignee of a
secured obligation, or assignor or assignee of a security interest is a state or a governmental unit of a state.
(68) "Pursuant to commitment," with respect to an
advance made or other value given by a secured party, means
pursuant to the secured party’s obligation, whether or not a
subsequent event of default or other event not within the
secured party’s control has relieved or may relieve the
secured party from its obligation.
(69) "Record," except as used in "for record," "of
record," "record or legal title," and "record owner," means
information that is inscribed on a tangible medium or which
is stored in an electronic or other medium and is retrievable in
perceivable form.
(70) "Registered organization" means an organization
organized solely under the law of a single state or the United
States and as to which the state or the United States must
maintain a public record showing the organization to have
been organized.
(71) "Secondary obligor" means an obligor to the extent
that:
(A) The obligor’s obligation is secondary; or
(B) The obligor has a right of recourse with respect to an
obligation secured by collateral against the debtor, another
obligor, or property of either.
(72) "Secured party" means:
(A) A person in whose favor a security interest is created
or provided for under a security agreement, whether or not
any obligation to be secured is outstanding;
(B) A person that holds an agricultural lien;
(C) A consignor;
(D) A person to which accounts, chattel paper, payment
intangibles, or promissory notes have been sold;
(E) A trustee, indenture trustee, agent, collateral agent,
or other representative in whose favor a security interest or
agricultural lien is created or provided for; or
(F) A person that holds a security interest arising under
RCW 62A.2-401, 62A.2-505, 62A.2-711(3), 62A.2A508(5), 62A.4-210, or 62A.5-118.
(73) "Security agreement" means an agreement that creates or provides for a security interest.
(2006 Ed.)
62A.9A-102
(74) "Send," in connection with a record or notification,
means:
(A) To deposit in the mail, deliver for transmission, or
transmit by any other usual means of communication, with
postage or cost of transmission provided for, addressed to any
address reasonable under the circumstances; or
(B) To cause the record or notification to be received
within the time that it would have been received if properly
sent under (A) of this subsection.
(75) "Software" means a computer program and any supporting information provided in connection with a transaction
relating to the program. The term does not include a computer program that is included in the definition of goods.
(76) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(77) "Supporting obligation" means a letter-of-credit
right or secondary obligation that supports the payment or
performance of an account, chattel paper, a document, a general intangible, an instrument, or investment property.
(78) "Tangible chattel paper" means chattel paper evidenced by a record or records consisting of information that
is inscribed on a tangible medium.
(79) "Termination statement" means an amendment of a
financing statement which:
(A) Identifies, by its file number, the initial financing
statement to which it relates; and
(B) Indicates either that it is a termination statement or
that the identified financing statement is no longer effective.
(80) "Transmitting utility" means a person primarily
engaged in the business of:
(A) Operating a railroad, subway, street railway, or trolley bus;
(B) Transmitting communications electrically, electromagnetically, or by light;
(C) Transmitting goods by pipeline or sewer; or
(D) Transmitting or producing and transmitting electricity, steam, gas, or water.
(b) Definitions in other Articles. The following definitions in other Articles apply to this Article:
"Applicant."
RCW 62A.5-102.
"Beneficiary."
RCW 62A.5-102.
"Broker."
RCW 62A.8-102.
"Certificated security."
RCW 62A.8-102.
"Check."
RCW 62A.3-104.
"Clearing corporation."
RCW 62A.8-102.
"Contract for sale."
RCW 62A.2-106.
"Customer."
RCW 62A.4-104.
"Entitlement holder."
RCW 62A.8-102.
"Financial asset."
RCW 62A.8-102.
"Holder in due course."
RCW 62A.3-302.
"Issuer" with respect to a letter of credit or letter-ofcredit right.
RCW 62A.5-102.
"Issuer" with respect to a
security.
RCW 62A.8-201.
"Lease."
RCW 62A.2A-103.
"Lease agreement."
RCW 62A.2A-103.
"Lease contract."
RCW 62A.2A-103.
"Leasehold interest."
RCW 62A.2A-103.
[Title 62A RCW—page 121]
62A.9A-103
Title 62A RCW: Uniform Commercial Code
"Lessee."
RCW 62A.2A-103.
"Lessee in ordinary course of
business."
RCW 62A.2A-103.
"Lessor."
RCW 62A.2A-103.
"Lessor’s residual interest."
RCW 62A.2A-103.
"Letter of credit."
RCW 62A.5-102.
"Merchant."
RCW 62A.2-104.
"Negotiable instrument."
RCW 62A.3-104.
"Nominated person."
RCW 62A.5-102.
"Note."
RCW 62A.3-104.
"Proceeds of a letter of
credit."
RCW 62A.5-114.
"Prove."
RCW 62A.3-103.
"Sale."
RCW 62A.2-106.
"Securities account."
RCW 62A.8-501.
"Securities intermediary."
RCW 62A.8-102.
"Security."
RCW 62A.8-102.
"Security certificate."
RCW 62A.8-102.
"Security entitlement."
RCW 62A.8-102.
"Uncertificated security."
RCW 62A.8-102.
(c) Article 1 definitions and principles. Article 1 contains general definitions and principles of construction and
interpretation applicable throughout this Article. [2001 c 32
§ 16; 2000 c 250 § 9A-102.]
Effective date—2001 c 32: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 32 § 55.]
62A.9A-103
62A.9A-103 Purchase-money security interest;
application of payments; burden of establishing. (a) Definitions. In this section:
(1) "Purchase-money collateral" means goods or software that secures a purchase-money obligation incurred with
respect to that collateral; and
(2) "Purchase-money obligation" means an obligation of
an obligor incurred as all or part of the price of the collateral
or for value given to enable the debtor to acquire rights in, or
the use of, the collateral, if the value is in fact so used.
(b) Purchase-money security interest in goods. A
security interest in goods is a purchase-money security interest:
(1) To the extent that the goods are purchase-money collateral with respect to that security interest;
(2) If the security interest is in inventory that is or was
purchase-money collateral, also to the extent that the security
interest secures a purchase-money obligation incurred with
respect to other inventory in which the secured party holds or
held a purchase-money security interest; and
(3) Also to the extent that the security interest secures a
purchase-money obligation incurred with respect to software
in which the secured party holds or held a purchase-money
security interest.
(c) Purchase-money security interest in software. A
security interest in software is a purchase-money security
interest to the extent that the security interest also secures a
purchase-money obligation incurred with respect to goods in
which the secured party holds or held a purchase-money
security interest if:
[Title 62A RCW—page 122]
(1) The debtor acquired its interest in the software in an
integrated transaction in which it acquired an interest in the
goods; and
(2) The debtor acquired its interest in the software for the
principal purpose of using the software in the goods.
(d) Consignor’s inventory purchase-money security
interest. The security interest of a consignor in goods that
are the subject of a consignment is a purchase-money security interest in inventory.
(e) Application of payment in nonconsumer-goods
transaction. In a transaction other than a consumer-goods
transaction, if the extent to which a security interest is a purchase-money security interest depends on the application of a
payment to a particular obligation, the payment must be
applied:
(1) In accordance with any reasonable method of application to which the parties agree;
(2) In the absence of the parties’ agreement to a reasonable method, in accordance with any intention of the obligor
manifested at or before the time of payment; or
(3) In the absence of an agreement to a reasonable
method and a timely manifestation of the obligor’s intention,
in the following order:
(A) To obligations that are not secured; and
(B) If more than one obligation is secured, to obligations
secured by purchase-money security interests in the order in
which those obligations were incurred.
(f) No loss of status of purchase-money security interest in nonconsumer-goods transaction. In a transaction
other than a consumer-goods transaction, a purchase-money
security interest does not lose its status as such, even if:
(1) The purchase-money collateral also secures an obligation that is not a purchase-money obligation;
(2) Collateral that is not purchase-money collateral also
secures the purchase-money obligation; or
(3) The purchase-money obligation has been renewed,
refinanced, consolidated, or restructured.
(g) Burden of proof in nonconsumer-goods transaction. In a transaction other than a consumer-goods transaction, a secured party claiming a purchase-money security
interest has the burden of establishing the extent to which the
security interest is a purchase-money security interest.
(h) Nonconsumer-goods transactions; no inference.
The limitation of the rules in subsections (e), (f), and (g) of
this section to transactions other than consumer-goods transactions is intended to leave to the court the determination of
the proper rules in consumer-goods transactions. The court
may not infer from that limitation the nature of the proper
rule in consumer-goods transactions and may continue to
apply established approaches. [2000 c 250 § 9A-103.]
62A.9A-104 Control of deposit account. (a) Requirements for control. A secured party has control of a deposit
account if:
(1) The secured party is the bank with which the deposit
account is maintained;
(2) The debtor, secured party, and bank have agreed in an
authenticated record that the bank will comply with instructions originated by the secured party directing disposition of
the funds in the deposit account without further consent by
the debtor; or
62A.9A-104
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
(3) The secured party becomes the bank’s customer with
respect to the deposit account.
(b) Debtor’s right to direct disposition. A secured
party that has satisfied subsection (a) of this section has control, even if the debtor retains the right to direct the disposition of funds from the deposit account. [2001 c 32 § 17; 2000
c 250 § 9A-104.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-105
62A.9A-105 Control of electronic chattel paper. A
secured party has control of electronic chattel paper if the
record or records comprising the chattel paper are created,
stored, and assigned in such a manner that:
(1) A single authoritative copy of the record or records
exists which is unique, identifiable and, except as otherwise
provided in subsections (4), (5), and (6) of this section, unalterable;
(2) The authoritative copy identifies the secured party as
the assignee of the record or records;
(3) The authoritative copy is communicated to and maintained by the secured party or its designated custodian;
(4) Copies or revisions that add or change an identified
assignee of the authoritative copy can be made only with the
participation of the secured party;
(5) Each copy of the authoritative copy and any copy of
a copy is readily identifiable as a copy that is not the authoritative copy; and
(6) Any revision of the authoritative copy is readily identifiable as an authorized or unauthorized revision. [2001 c 32
§ 18; 2000 c 250 § 9A-105.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-106
62A.9A-106 Control of investment property. (a)
Control under RCW 62A.8-106. A person has control of a
certificated security, uncertificated security, or security entitlement as provided in RCW 62A.8-106.
(b) Control of commodity contract. A secured party
has control of a commodity contract if:
(1) The secured party is the commodity intermediary
with which the commodity contract is carried; or
(2) The commodity customer, secured party, and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the
commodity contract as directed by the secured party without
further consent by the commodity customer.
(c) Effect of control of securities account or commodity account. A secured party having control of all security
entitlements or commodity contracts carried in a securities
account or commodity account has control over the securities
account or commodity account. [2000 c 250 § 9A-106.]
62A.9A-107
62A.9A-107 Control of letter-of-credit right. A
secured party has control of a letter-of-credit right to the
extent of any right to payment or performance by the issuer or
any nominated person if the issuer or nominated person has
consented to an assignment of proceeds of the letter of credit
under RCW 62A.5-114(3) or otherwise applicable law or
practice. [2001 c 32 § 19; 2000 c 250 § 9A-107.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
(2006 Ed.)
62A.9A-109
62A.9A-108
62A.9A-108 Sufficiency of description in security
agreement. (a) Sufficiency of description. Except as otherwise provided in subsections (c), (d), and (e) of this section, a
description of personal or real property is sufficient, whether
or not it is specific, if it reasonably identifies what is
described.
(b) Examples of reasonable identification. Except as
otherwise provided in subsection (d) of this section, a
description of collateral reasonably identifies the collateral if
it identifies the collateral by:
(1) Specific listing;
(2) Category;
(3) Except as otherwise provided in subsection (e) of this
section, a type of collateral defined in the Uniform Commercial Code;
(4) Quantity;
(5) Computational or allocational formula or procedure;
or
(6) Except as otherwise provided in subsection (c) of this
section, any other method, if the identity of the collateral is
objectively determinable.
(c) Supergeneric description not sufficient. A description of collateral as "all the debtor’s assets" or "all the
debtor’s personal property" or using words of similar import
does not reasonably identify the collateral. However, as provided in RCW 62A.9A-504, such a description is sufficient in
a financing statement.
(d) Investment property. Except as otherwise provided
in subsection (e) of this section, a description of a security
entitlement, securities account, or commodity account is sufficient if it describes:
(1) The collateral by those terms or as investment property; or
(2) The underlying financial asset or commodity contract.
(e) When description by type insufficient. A description only by type of collateral defined in the Uniform Commercial Code is an insufficient description of:
(1) A commercial tort claim; or
(2) In a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity
account. [2000 c 250 § 9A-108.]
62A.9A-109
62A.9A-109 Scope. (a) General scope of Article.
Except as otherwise provided in subsections (c) and (d) of
this section, this Article applies to:
(1) A transaction, regardless of its form, that creates a
security interest in personal property or fixtures by contract;
(2) An agricultural lien;
(3) A sale of accounts, chattel paper, payment intangibles, or promissory notes;
(4) A consignment;
(5) A security interest arising under RCW 62A.2-401,
62A.2-505, 62A.2-711(3), or 62A.2A-508(5), as provided in
RCW 62A.9A-110; and
(6) A security interest arising under RCW 62A.4-210 or
62A.5-118.
(b) Security interest in secured obligation. The application of this Article to a security interest in a secured obligation is not affected by the fact that the obligation is itself
[Title 62A RCW—page 123]
62A.9A-110
Title 62A RCW: Uniform Commercial Code
secured by a transaction or interest to which this Article does
not apply.
(c) Extent to which Article does not apply. This Article does not apply to the extent that:
(1) A statute, regulation, or treaty of the United States
preempts this Article;
(2) Another statute of this state expressly governs the
creation, perfection, priority, or enforcement of a security
interest created by this state or a governmental unit of this
state;
(3) A statute of another state, a foreign country, or a governmental unit of another state or a foreign country, other
than a statute generally applicable to security interests,
expressly governs creation, perfection, priority, or enforcement of a security interest created by the state, country, or
governmental unit; or
(4) The rights of a transferee beneficiary or nominated
person under a letter of credit are independent and superior
under RCW 62A.5-114.
(d) Inapplicability of Article. This Article does not
apply to:
(1) A landlord’s lien, other than an agricultural lien;
(2) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but RCW
62A.9A-333 applies with respect to priority of the lien;
(3) An assignment of a claim for wages, salary, or other
compensation of an employee;
(4) A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out
of which they arose;
(5) An assignment of accounts, chattel paper, payment
intangibles, or promissory notes which is for the purpose of
collection only;
(6) An assignment of a right to payment under a contract
to an assignee that is also obligated to perform under the contract;
(7) An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;
(8) A transfer of an interest in or an assignment of a
claim under a policy of insurance, other than an assignment
by or to a health-care provider of a health-care-insurance
receivable and any subsequent assignment of the right to payment, but RCW 62A.9A-315 and 62A.9A-322 apply with
respect to proceeds and priorities in proceeds;
(9) An assignment of a right represented by a judgment,
other than a judgment taken on a right to payment that was
collateral;
(10) A right of recoupment or set-off, but:
(A) RCW 62A.9A-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit
accounts; and
(B) RCW 62A.9A-404 applies with respect to defenses
or claims of an account debtor;
(11) The creation or transfer of an interest in or lien on
real property, including a lease or rents thereunder, except to
the extent that provision is made for:
(A) Liens on real property in RCW 62A.9A-203 and
62A.9A-308;
(B) Fixtures in RCW 62A.9A-334;
[Title 62A RCW—page 124]
(C) Fixture filings in RCW 62A.9A-501, 62A.9A-502,
62A.9A-512, 62A.9A-516, and 62A.9A-519; and
(D) Security agreements covering personal and real
property in RCW 62A.9A-604;
(12) An assignment of a claim arising in tort, other than
a commercial tort claim, but RCW 62A.9A-315 and
62A.9A-322 apply with respect to proceeds and priorities in
proceeds;
(13) An assignment in a consumer transaction of a
deposit account on which checks can be drawn, but RCW
62A.9A-315 and 62A.9A-322 apply with respect to proceeds
and priorities in proceeds; or
(14) A transfer by this state or a governmental unit of this
state. [2000 c 250 § 9A-109.]
62A.9A-110
62A.9A-110 Security interests arising under Article 2
or 2A. A security interest arising under RCW 62A.2-401,
62A.2-505, 62A.2-711(3), or 62A.2A-508(5) is subject to
this Article. However, until the debtor obtains possession of
the goods:
(1) The security interest is enforceable, even if RCW
62A.9A-203(b)(3) has not been satisfied;
(2) Filing is not required to perfect the security interest;
(3) The rights of the secured party after default by the
debtor are governed by Article 2 or 2A; and
(4) The security interest has priority over a conflicting
security interest created by the debtor. [2000 c 250 § 9A110.]
PART 2
EFFECTIVENESS OF SECURITY AGREEMENT;
ATTACHMENT OF SECURITY INTEREST;
RIGHTS OF PARTIES TO SECURITY AGREEMENT
62A.9A-201
62A.9A-201 General effectiveness of security agreement. (a) General effectiveness. Except as otherwise provided in the Uniform Commercial Code, a security agreement
is effective according to its terms between the parties, against
purchasers of the collateral, and against creditors.
(b) Applicable consumer laws and other law. A transaction subject to this Article is subject to any applicable rule
of law which establishes a different rule for consumers and
(1) any other statute or regulation that regulates the rates,
charges, agreements, and practices for loans, credit sales, or
other extensions of credit and (2) any consumer-protection
statute or regulation.
(c) Other applicable law controls. In case of conflict
between this Article and a rule of law, statute, or regulation
described in subsection (b) of this section, the rule of law,
statute, or regulation controls. Failure to comply with a statute or regulation described in subsection (b) of this section
has only the effect the statute or regulation specifies.
(d) Further deference to other applicable law. This
Article does not:
(1) Validate any rate, charge, agreement, or practice that
violates a rule of law, statute, or regulation described in subsection (b) of this section; or
(2) Extend the application of the rule of law, statute, or
regulation to a transaction not otherwise subject to it. [2001
c 32 § 20; 2000 c 250 § 9A-201.]
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-202 Title to collateral immaterial. Except as
otherwise provided with respect to consignments or sales of
accounts, chattel paper, payment intangibles, or promissory
notes, the provisions of this Article with regard to rights and
obligations apply whether title to collateral is in the secured
party or the debtor. [2000 c 250 § 9A-202.]
62A.9A-202
62A.9A-203 Attachment and enforceability of security interest; proceeds; supporting obligations; formal
requisites. (a) Attachment. A security interest attaches to
collateral when it becomes enforceable against the debtor
with respect to the collateral, unless an agreement expressly
postpones the time of attachment.
(b) Enforceability. Except as otherwise provided in
subsections (c) through (i) of this section, a security interest
is enforceable against the debtor and third parties with
respect to the collateral only if:
(1) Value has been given;
(2) The debtor has rights in the collateral or the power to
transfer rights in the collateral to a secured party; and
(3) One of the following conditions is met:
(A) The debtor has authenticated a security agreement
that provides a description of the collateral and, if the security
interest covers timber to be cut, a description of the land concerned;
(B) The collateral is not a certificated security and is in
the possession of the secured party under RCW 62A.9A-313
pursuant to the debtor’s security agreement;
(C) The collateral is a certificated security in registered
form and the security certificate has been delivered to the
secured party under RCW 62A.8-301 pursuant to the debtor’s
security agreement; or
(D) The collateral is deposit accounts, electronic chattel
paper, investment property, or letter-of-credit rights, and the
secured party has control under RCW 62A.9A-104,
62A.9A-105, 62A.9A-106, or 62A.9A-107 pursuant to the
debtor’s security agreement.
(c) Other UCC provisions. Subsection (b) of this section is subject to RCW 62A.4-210 on the security interest of
a collecting bank, RCW 62A.5-118 on the security interest of
a letter-of-credit issuer or nominated person, RCW
62A.9A-110 on a security interest arising under Article 2 or
2A, and RCW 62A.9A-206 on security interests in investment property.
(d) When person becomes bound by another person’s
security agreement. A person becomes bound as debtor by
a security agreement entered into by another person if, by
operation of law other than this Article or by contract:
(1) The security agreement becomes effective to create a
security interest in the person’s property; or
(2) The person becomes generally obligated for the obligations of the other person, including the obligation secured
under the security agreement, and acquires or succeeds to all
or substantially all of the assets of the other person.
(e) Effect of new debtor becoming bound. If a new
debtor becomes bound as debtor by a security agreement
entered into by another person:
(1) The agreement satisfies subsection (b)(3) of this section with respect to existing or after-acquired property of the
62A.9A-203
(2006 Ed.)
62A.9A-205
new debtor to the extent the property is described in the
agreement; and
(2) Another agreement is not necessary to make a security interest in the property enforceable.
(f) Proceeds and supporting obligations. The attachment of a security interest in collateral gives the secured party
the rights to proceeds provided by RCW 62A.9A-315 and is
also attachment of a security interest in a supporting obligation for the collateral.
(g) Lien securing right to payment. The attachment of
a security interest in a right to payment or performance
secured by a security interest or other lien on personal or real
property is also attachment of a security interest in the security interest, mortgage, or other lien.
(h) Security entitlement carried in securities account.
The attachment of a security interest in a securities account is
also attachment of a security interest in the security entitlements carried in the securities account.
(i) Commodity contracts carried in commodity
account. The attachment of a security interest in a commodity account is also attachment of a security interest in the
commodity contracts carried in the commodity account.
[2000 c 250 § 9A-203.]
62A.9A-204
62A.9A-204 After-acquired property; future
advances. (a) After-acquired collateral. Except as otherwise provided in subsection (b) of this section, a security
agreement may create or provide for a security interest in
after-acquired collateral.
(b) When after-acquired property clause not effective. A security interest does not attach, under a term constituting an after-acquired property clause, to:
(1) Consumer goods, other than an accession when given
as additional security, unless the debtor acquires rights in
them within ten days after the secured party gives value; or
(2) A commercial tort claim.
(c) Future advances and other value. A security agreement may provide that collateral secures, or that accounts,
chattel paper, payment intangibles, or promissory notes are
sold in connection with, future advances or other value,
whether or not the advances or value are given pursuant to
commitment. [2000 c 250 § 9A-204.]
62A.9A-205
62A.9A-205 Use or disposition of collateral permissible. (a) When security interest not invalid or fraudulent.
A security interest is not invalid or fraudulent against creditors solely because:
(1) The debtor has the right or ability to:
(A) Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;
(B) Collect, compromise, enforce, or otherwise deal with
collateral;
(C) Accept the return of collateral or make repossessions; or
(D) Use, commingle, or dispose of proceeds; or
(2) The secured party fails to require the debtor to
account for proceeds or replace collateral.
(b) Requirements of possession not relaxed. This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest
[Title 62A RCW—page 125]
62A.9A-206
Title 62A RCW: Uniform Commercial Code
depends upon possession of the collateral by the secured
party. [2000 c 250 § 9A-205.]
62A.9A-206
62A.9A-206 Security interest arising in purchase or
delivery of financial asset. (a) Security interest when person buys through securities intermediary. A security
interest in favor of a securities intermediary attaches to a person’s security entitlement if:
(1) The person buys a financial asset through the securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities intermediary
at the time of the purchase; and
(2) The securities intermediary credits the financial asset
to the buyer’s securities account before the buyer pays the
securities intermediary.
(b) Security interest secures obligation to pay for
financial asset. The security interest described in subsection
(a) of this section secures the person’s obligation to pay for
the financial asset.
(c) Security interest in payment against delivery
transaction. A security interest in favor of a person that
delivers a certificated security or other financial asset represented by a writing attaches to the security or other financial
asset if:
(1) The security or other financial asset:
(A) In the ordinary course of business, is transferred by
delivery with any necessary indorsement or assignment; and
(B) Is delivered under an agreement between persons in
the business of dealing with such securities or financial
assets; and
(2) The agreement calls for delivery against payment.
(d) Security interest secures obligation to pay for
delivery. The security interest described in subsection (c) of
this section secures the obligation to make payment for the
delivery. [2000 c 250 § 9A-206.]
62A.9A-207
62A.9A-207 Rights and duties of secured party having possession or control of collateral. (a) Duty of care
when secured party in possession. Except as otherwise provided in subsection (d) of this section, a secured party shall
use reasonable care in the custody and preservation of collateral in the secured party’s possession. In the case of chattel
paper or an instrument, reasonable care includes taking necessary steps to preserve rights against prior parties unless otherwise agreed.
(b) Expenses, risks, duties, and rights when secured
party in possession. Except as otherwise provided in subsection (d) of this section, if a secured party has possession of
collateral:
(1) Reasonable expenses, including the cost of insurance
and payment of taxes or other charges, incurred in the custody, preservation, use, or operation of the collateral are
chargeable to the debtor and are secured by the collateral;
(2) The risk of accidental loss or damage is on the debtor
to the extent of a deficiency in any effective insurance coverage;
(3) The secured party shall keep the collateral identifiable, but fungible collateral may be commingled; and
(4) The secured party may use or operate the collateral:
[Title 62A RCW—page 126]
(A) For the purpose of preserving the collateral or its
value;
(B) As permitted by an order of a court having competent jurisdiction; or
(C) Except in the case of consumer goods, in the manner
and to the extent agreed by the debtor.
(c) Duties and rights when secured party in possession or control. Except as otherwise provided in subsection
(d) of this section, a secured party having possession of collateral or control of collateral under RCW 62A.9A-104,
62A.9A-105, 62A.9A-106, or 62A.9A-107:
(1) May hold as additional security any proceeds, except
money or funds, received from the collateral;
(2) Shall apply money or funds received from the collateral to reduce the secured obligation, unless remitted to the
debtor; and
(3) May create a security interest in the collateral.
(d) Buyer of certain rights to payment. If the secured
party is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor:
(1) Subsection (a) of this section does not apply unless
the secured party is entitled under an agreement:
(A) To charge back uncollected collateral; or
(B) Otherwise to full or limited recourse against the
debtor or a secondary obligor based on the nonpayment or
other default of an account debtor or other obligor on the collateral; and
(2) Subsections (b) and (c) of this section do not apply.
[2000 c 250 § 9A-207.]
62A.9A-208 Additional duties of secured party having control of collateral. (a) Applicability of section. This
section applies to cases in which there is no outstanding
secured obligation and the secured party is not committed to
make advances, incur obligations, or otherwise give value.
(b) Duties of secured party after receiving demand
from debtor. Within ten days after receiving an authenticated demand by the debtor:
(1) A secured party having control of a deposit account
under RCW 62A.9A-104(a)(2) shall send to the bank with
which the deposit account is maintained an authenticated
statement that releases the bank from any further obligation
to comply with instructions originated by the secured party;
(2) A secured party having control of a deposit account
under RCW 62A.9A-104(a)(3) shall:
(A) Pay the debtor the balance on deposit in the deposit
account; or
(B) Transfer the balance on deposit into a deposit
account in the debtor’s name;
(3) A secured party, other than a buyer, having control of
electronic chattel paper under RCW 62A.9A-105 shall:
(A) Communicate the authoritative copy of the electronic chattel paper to the debtor or its designated custodian;
(B) If the debtor designates a custodian that is the designated custodian with which the authoritative copy of the electronic chattel paper is maintained for the secured party, communicate to the custodian an authenticated record releasing
the designated custodian from any further obligation to comply with instructions originated by the secured party and
instructing the custodian to comply with instructions originated by the debtor; and
62A.9A-208
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
(C) Take appropriate action to enable the debtor or its
designated custodian to make copies of or revisions to the
authoritative copy which add or change an identified assignee
of the authoritative copy without the consent of the secured
party;
(4) A secured party having control of investment property under RCW 62A.8-106(4)(b) or 62A.9A-106(b) shall
send to the securities intermediary or commodity intermediary with which the security entitlement or commodity contract is maintained an authenticated record that releases the
securities intermediary or commodity intermediary from any
further obligation to comply with entitlement orders or directions originated by the secured party; and
(5) A secured party having control of a letter-of-credit
right under RCW 62A.9A-107 shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the
letter of credit to the secured party an authenticated release
from any further obligation to pay or deliver proceeds of the
letter of credit to the secured party. [2001 c 32 § 21; 2000 c
250 § 9A-208.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-209
62A.9A-209 Duties of secured party if account
debtor has been notified of assignment. (a) Applicability
of section. Except as otherwise provided in subsection (c) of
this section, this section applies if:
(1) There is no outstanding secured obligation; and
(2) The secured party is not committed to make
advances, incur obligations, or otherwise give value.
(b) Duties of secured party after receiving demand
from debtor. Within ten days after receiving an authenticated demand by the debtor, a secured party shall send to an
account debtor that has received notification of an assignment to the secured party as assignee under RCW
62A.9A-406(a) an authenticated record that releases the
account debtor from any further obligation to the secured
party.
(c) Inapplicability to sales. This section does not apply
to an assignment constituting the sale of an account, chattel
paper, or payment intangible. [2000 c 250 § 9A-209.]
62A.9A-210
62A.9A-210 Request for accounting; request regarding list of collateral or statement of account. (a) Definitions. In this section:
(1) "Request" means a record of a type described in (2),
(3), or (4) of this subsection.
(2) "Request for an accounting" means a record authenticated by a debtor requesting that the recipient provide an
accounting of the unpaid obligations secured by collateral
and reasonably identifying the transaction or relationship that
is the subject of the request.
(3) "Request regarding a list of collateral" means a
record authenticated by a debtor requesting that the recipient
approve or correct a list of what the debtor believes to be the
collateral securing an obligation and reasonably identifying
the transaction or relationship that is the subject of the
request.
(4) "Request regarding a statement of account" means a
record authenticated by a debtor requesting that the recipient
approve or correct a statement indicating what the debtor
(2006 Ed.)
62A.9A-301
believes to be the aggregate amount of unpaid obligations
secured by collateral as of a specified date and reasonably
identifying the transaction or relationship that is the subject
of the request.
(b) Duty to respond to requests. Subject to subsections
(c), (d), (e), and (f) of this section, a secured party, other than
a buyer of accounts, chattel paper, payment intangibles, or
promissory notes or a consignor, shall comply with a request
within fourteen days after receipt:
(1) In the case of a request for an accounting, by authenticating and sending to the debtor an accounting; and
(2) In the case of a request regarding a list of collateral or
a request regarding a statement of account, by authenticating
and sending to the debtor an approval or correction.
(c) Request regarding list of collateral; statement
concerning type of collateral. A secured party that claims a
security interest in all of a particular type of collateral owned
by the debtor may comply with a request regarding a list of
collateral by sending to the debtor an authenticated record
including a statement to that effect within fourteen days after
receipt.
(d) Request regarding list of collateral; no interest
claimed. A person that receives a request regarding a list of
collateral, claims no interest in the collateral when it receives
the request, and claimed an interest in the collateral at an earlier time shall comply with the request within fourteen days
after receipt by sending to the debtor an authenticated record:
(1) Disclaiming any interest in the collateral; and
(2) If known to the recipient, providing the name and
mailing address of any assignee of, or successor to, the recipient’s interest in the collateral.
(e) Request for accounting or regarding statement of
account; no interest in obligation claimed. A person that
receives a request for an accounting or a request regarding a
statement of account, claims no interest in the obligations
when it receives the request, and claimed an interest in the
obligations at an earlier time shall comply with the request
within fourteen days after receipt by sending to the debtor an
authenticated record:
(1) Disclaiming any interest in the obligations; and
(2) If known to the recipient, providing the name and
mailing address of any assignee of, or successor to, the recipient’s interest in the obligations.
(f) Charges for responses. A debtor is entitled without
charge to one response to a request under this section during
any six-month period. The secured party may require payment of a charge not exceeding twenty-five dollars for each
additional response. [2000 c 250 § 9A-210.]
PART 3
PERFECTION AND PRIORITY
62A.9A-301
62A.9A-301 Law governing perfection and priority
of security interests. Except as otherwise provided in RCW
62A.9A-303 through 62A.9A-306, the following rules determine the law governing perfection, the effect of perfection or
nonperfection, and the priority of a security interest in collateral:
(1) Except as otherwise provided in this section, while a
debtor is located in a jurisdiction, the local law of that juris[Title 62A RCW—page 127]
62A.9A-302
Title 62A RCW: Uniform Commercial Code
diction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral.
(2) While collateral is located in a jurisdiction, the local
law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a possessory
security interest in that collateral.
(3) Except as otherwise provided in subsection (4) of this
section, while negotiable documents, goods, instruments,
money, or tangible chattel paper is located in a jurisdiction,
the local law of that jurisdiction governs:
(A) Perfection of a security interest in the goods by filing
a fixture filing;
(B) Perfection of a security interest in timber to be cut;
and
(C) The effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral.
(4) The local law of the jurisdiction in which the wellhead or minehead is located governs perfection, the effect of
perfection or nonperfection, and the priority of a security
interest in as-extracted collateral. [2001 c 32 § 22; 2000 c
250 § 9A-301.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-302
62A.9A-302 Law governing perfection and priority
of agricultural liens. While farm products are located in a
jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority
of an agricultural lien on the farm products. [2000 c 250 §
9A-302.]
62A.9A-303
62A.9A-303 Law governing perfection and priority
of security interests in goods covered by a certificate of
title. (a) Applicability of section. This section applies to
goods covered by a certificate of title, even if there is no other
relationship between the jurisdiction under whose certificate
of title the goods are covered and the goods or the debtor.
(b) When goods covered by certificate of title. Goods
become covered by a certificate of title when a valid application for the certificate of title and the applicable fee are delivered to the appropriate authority. Goods cease to be covered
by a certificate of title at the earlier of the time the certificate
of title ceases to be effective under the law of the issuing
jurisdiction or the time the goods become covered subsequently by a certificate of title issued by another jurisdiction.
(c) Applicable law. The local law of the jurisdiction
under whose certificate of title the goods are covered governs
perfection, the effect of perfection or nonperfection, and the
priority of a security interest in goods covered by a certificate
of title from the time the goods become covered by the certificate of title until the goods cease to be covered by the certificate of title. [2000 c 250 § 9A-303.]
62A.9A-304
62A.9A-304 Law governing perfection and priority
of security interests in deposit accounts. (a) Law of
bank’s jurisdiction governs. The local law of a bank’s
jurisdiction governs perfection, the effect of perfection or
nonperfection, and the priority of a security interest in a
deposit account maintained with that bank.
(b) Bank’s jurisdiction. The following rules determine
a bank’s jurisdiction for purposes of this part:
[Title 62A RCW—page 128]
(1) If an agreement between the bank and the debtor governing the deposit account expressly provides that a particular jurisdiction is the bank’s jurisdiction for purposes of this
part, this Article, or the Uniform Commercial Code, that
jurisdiction is the bank’s jurisdiction.
(2) If (1) of this subsection does not apply and an agreement between the bank and its customer governing the
deposit account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction
is the bank’s jurisdiction.
(3) If neither (1) nor (2) of this subsection applies and an
agreement between the bank and its customer governing the
deposit account expressly provides that the deposit account is
maintained at an office in a particular jurisdiction, that jurisdiction is the bank’s jurisdiction.
(4) If (1) through (3) of this subsection do not apply, the
bank’s jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the customer’s account is located.
(5) If (1) through (4) of this subsection do not apply, the
bank’s jurisdiction is the jurisdiction in which the chief executive office of the bank is located. [2000 c 250 § 9A-304.]
62A.9A-305
62A.9A-305 Law governing perfection and priority
of security interests in investment property. (a) Governing law: General rules. Except as otherwise provided in
subsection (c) of this section, the following rules apply:
(1) While a security certificate is located in a jurisdiction, the local law of that jurisdiction governs perfection, the
effect of perfection or nonperfection, and the priority of a
security interest in the certificated security represented
thereby.
(2) The local law of the issuer’s jurisdiction as specified
in RCW 62A.8-110(4) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest
in an uncertificated security.
(3) The local law of the securities intermediary’s jurisdiction as specified in RCW 62A.8-110(5) governs perfection, the effect of perfection or nonperfection, and the priority
of a security interest in a security entitlement or securities
account.
(4) The local law of the commodity intermediary’s jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a commodity
contract or commodity account.
(b) Commodity intermediary’s jurisdiction. The following rules determine a commodity intermediary’s jurisdiction for purposes of this part:
(1) If an agreement between the commodity intermediary and commodity customer governing the commodity
account expressly provides that a particular jurisdiction is the
commodity intermediary’s jurisdiction for purposes of this
part, this Article, or the Uniform Commercial Code, that
jurisdiction is the commodity intermediary’s jurisdiction.
(2) If (1) of this subsection does not apply and an agreement between the commodity intermediary and commodity
customer governing the commodity account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
(3) If neither (1) nor (2) of this subsection applies and an
agreement between the commodity intermediary and commodity customer governing the commodity account
expressly provides that the commodity account is maintained
at an office in a particular jurisdiction, that jurisdiction is the
commodity intermediary’s jurisdiction.
(4) If (1) through (3) of this subsection do not apply, the
commodity intermediary’s jurisdiction is the jurisdiction in
which the office identified in an account statement as the
office serving the commodity customer’s account is located.
(5) If (1) through (4) of this subsection do not apply, the
commodity intermediary’s jurisdiction is the jurisdiction in
which the chief executive office of the commodity intermediary is located.
(c) When perfection governed by law of jurisdiction
where debtor located. The local law of the jurisdiction in
which the debtor is located governs:
(1) Perfection of a security interest in investment property by filing;
(2) Automatic perfection of a security interest in investment property created by a broker or securities intermediary;
and
(3) Automatic perfection of a security interest in a commodity contract or commodity account created by a commodity intermediary. [2001 c 32 § 23; 2000 c 250 § 9A-305.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-306
62A.9A-306 Law governing perfection and priority
of security interests in letter-of-credit rights. (a) Governing law: Issuer’s or nominated person’s jurisdiction.
Subject to subsection (c) of this section, the local law of the
issuer’s jurisdiction or a nominated person’s jurisdiction governs perfection, the effect of perfection or nonperfection, and
the priority of a security interest in a letter-of-credit right if
the issuer’s jurisdiction or nominated person’s jurisdiction is
a state.
(b) Issuer’s or nominated person’s jurisdiction. For
purposes of this part, an issuer’s jurisdiction or nominated
person’s jurisdiction is the jurisdiction whose law governs
the liability of the issuer or nominated person with respect to
the letter-of-credit right as provided in RCW 62A.5-116.
(c) When section not applicable. This section does not
apply to a security interest that is perfected only under RCW
62A.9A-308(d). [2001 c 32 § 24; 2000 c 250 § 9A-306.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-307
62A.9A-307 Location of debtor. (a) "Place of business." In this section, "place of business" means a place
where a debtor conducts its affairs.
(b) Debtor’s location: General rules. Except as otherwise provided in this section, the following rules determine a
debtor’s location:
(1) A debtor who is an individual is located at the individual’s principal residence.
(2) A debtor that is an organization and has only one
place of business is located at its place of business.
(3) A debtor that is an organization and has more than
one place of business is located at its chief executive office.
(c) Limitation of applicability of subsection (b). Subsection (b) of this section applies only if a debtor’s residence,
(2006 Ed.)
62A.9A-308
place of business, or chief executive office, as applicable, is
located in a jurisdiction whose law generally requires information concerning the existence of a nonpossessory security
interest to be made generally available in a filing, recording,
or registration system as a condition or result of the security
interest’s obtaining priority over the rights of a lien creditor
with respect to the collateral. If subsection (b) of this section
does not apply, the debtor is located in the District of Columbia.
(d) Continuation of location: Cessation of existence,
etc. A person that ceases to exist, have a residence, or have a
place of business continues to be located in the jurisdiction
specified by subsections (b) and (c) of this section.
(e) Location of registered organization organized
under state law. A registered organization that is organized
under the law of a state is located in that state.
(f) Location of registered organization organized
under federal law; bank branches and agencies. Except as
otherwise provided in subsection (i) of this section, a registered organization that is organized under the law of the
United States and a branch or agency of a bank that is not
organized under the law of the United States or a state are
located:
(1) In the state that the law of the United States designates, if the law designates a state of location;
(2) In the state that the registered organization, branch,
or agency designates, if the law of the United States authorizes the registered organization, branch, or agency to designate its state of location; or
(3) In the District of Columbia, if neither (1) nor (2) of
this subsection applies.
(g) Continuation of location: Change in status of registered organization. A registered organization continues to
be located in the jurisdiction specified by subsection (e) or (f)
of this section notwithstanding:
(1) The suspension, revocation, forfeiture, or lapse of the
registered organization’s status as such in its jurisdiction of
organization; or
(2) The dissolution, winding up, or cancellation of the
existence of the registered organization.
(h) Location of United States. The United States is
located in the District of Columbia.
(i) Location of foreign bank branch or agency if
licensed in only one state. A branch or agency of a bank that
is not organized under the law of the United States or a state
is located in the state in which the branch or agency is
licensed, if all branches and agencies of the bank are licensed
in only one state.
(j) Location of foreign air carrier. A foreign air carrier
under the Federal Aviation Act of 1958, as amended, is
located at the designated office of the agent upon which service of process may be made on behalf of the carrier.
(k) Section applies only to this part. This section
applies only for purposes of this part. [2000 c 250 § 9A-307.]
62A.9A-308 When security interest or agricultural
lien is perfected; continuity of perfection. (a) Perfection
of security interest. Except as otherwise provided in this
section and RCW 62A.9A-309, a security interest is perfected if it has attached and all of the applicable requirements
for perfection in RCW 62A.9A-310 through 62A.9A-316
62A.9A-308
[Title 62A RCW—page 129]
62A.9A-309
Title 62A RCW: Uniform Commercial Code
have been satisfied. A security interest is perfected when it
attaches if the applicable requirements are satisfied before the
security interest attaches.
(b) Perfection of agricultural lien. An agricultural lien
is perfected if it has become effective and all of the applicable
requirements for perfection in RCW 62A.9A-310 have been
satisfied. An agricultural lien is perfected when it becomes
effective if the applicable requirements are satisfied before
the agricultural lien becomes effective.
(c) Continuous perfection; perfection by different
methods. A security interest or agricultural lien is perfected
continuously if it is originally perfected by one method under
this Article and is later perfected by another method under
this Article, without an intermediate period when it was
unperfected.
(d) Supporting obligation. Perfection of a security
interest in collateral also perfects a security interest in a supporting obligation for the collateral.
(e) Lien securing right to payment. Perfection of a
security interest in a right to payment or performance also
perfects a security interest in a security interest, mortgage, or
other lien on personal or real property securing the right.
(f) Security entitlement carried in securities account.
Perfection of a security interest in a securities account also
perfects a security interest in the security entitlements carried
in the securities account.
(g) Commodity contract carried in commodity
account. Perfection of a security interest in a commodity
account also perfects a security interest in the commodity
contracts carried in the commodity account. [2000 c 250 §
9A-308.]
62A.9A-309
62A.9A-309 Security interest perfected upon attachment. The following security interests are perfected when
they attach:
(1) A purchase-money security interest in consumer
goods, except as otherwise provided in RCW 62A.9A-311(b)
with respect to consumer goods that are subject to a statute or
treaty described in RCW 62A.9A-311(a);
(2) An assignment of accounts or payment intangibles
which does not by itself or in conjunction with other assignments to the same assignee transfer more than fifty thousand
dollars, or ten percent of the total amount of the assignor’s
outstanding accounts and payment intangibles;
(3) A sale of a payment intangible;
(4) A sale of a promissory note;
(5) A security interest created by the assignment of a
health-care-insurance receivable to the provider of the healthcare goods or services;
(6) A security interest arising under RCW 62A.2-401,
62A.2-505, 62A.2-711(3), or 62A.2A-508(5), until the
debtor obtains possession of the collateral;
(7) A security interest of a collecting bank arising under
RCW 62A.4-210;
(8) A security interest of an issuer or nominated person
arising under RCW 62A.5-118;
(9) A security interest arising in the delivery of a financial asset under RCW 62A.9A-206(c);
(10) A security interest in investment property created by
a broker or securities intermediary;
[Title 62A RCW—page 130]
(11) A security interest in a commodity contract or a
commodity account created by a commodity intermediary;
(12) An assignment for the benefit of all creditors of the
transferor and subsequent transfers by the assignee thereunder; and
(13) A security interest created by an assignment of a
beneficial interest in a decedent’s estate. [2000 c 250 § 9A309.]
62A.9A-310
62A.9A-310 When filing required to perfect security
interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply. (a)
General rule: Perfection by filing. Except as otherwise
provided in subsections (b) and (d) of this section and RCW
62A.9A-312(b), a financing statement must be filed to perfect all security interests and agricultural liens.
(b) Exceptions: Filing not necessary. The filing of a
financing statement is not necessary to perfect a security
interest:
(1) That is perfected under RCW 62A.9A-308 (d), (e),
(f), or (g);
(2) That is perfected under RCW 62A.9A-309 when it
attaches;
(3) In property subject to a statute, regulation, or treaty
described in RCW 62A.9A-311(a);
(4) In goods in possession of a bailee which is perfected
under RCW 62A.9A-312(d) (1) or (2);
(5) In certificated securities, documents, goods, or
instruments which is perfected without filing or possession
under RCW 62A.9A-312 (e), (f), or (g);
(6) In collateral in the secured party’s possession under
RCW 62A.9A-313;
(7) In a certificated security which is perfected by delivery of the security certificate to the secured party under RCW
62A.9A-313;
(8) In deposit accounts, electronic chattel paper, investment property, or letter-of-credit rights which is perfected by
control under RCW 62A.9A-314;
(9) In proceeds which is perfected under RCW
62A.9A-315; or
(10) That is perfected under RCW 62A.9A-316.
(c) Assignment of perfected security interest. If a
secured party assigns a perfected security interest or agricultural lien, a filing under this Article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
(d) Further exception: Filing not necessary for handler’s lien. The filing of a financing statement is not necessary to perfect the agricultural lien of a handler on orchard
crops as provided in RCW 60.11.020(3). [2000 c 250 § 9A310.]
62A.9A-311
62A.9A-311 Perfection of security interests in property subject to certain statutes, regulations, and treaties.
(a) Security interest subject to other law. Except as otherwise provided in subsection (d) of this section, the filing of a
financing statement is not necessary or effective to perfect a
security interest in property subject to:
(1) A statute, regulation, or treaty of the United States
whose requirements for a security interest’s obtaining prior(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
ity over the rights of a lien creditor with respect to the property preempt RCW 62A.9A-310(a);
(2) RCW 46.12.095 or 88.02.070, or chapter 65.12
RCW; or
(3) A certificate-of-title statute of another jurisdiction
which provides for a security interest to be indicated on the
certificate as a condition or result of the security interest’s
obtaining priority over the rights of a lien creditor with
respect to the property.
(b) Compliance with other law. Compliance with the
requirements of a statute, regulation, or treaty described in
subsection (a) of this section for obtaining priority over the
rights of a lien creditor is equivalent to the filing of a financing statement under this Article. Except as otherwise provided in subsection (d) of this section, RCW 62A.9A-313,
and 62A.9A-316 (d) and (e) for goods covered by a certificate of title, a security interest in property subject to a statute,
regulation, or treaty described in subsection (a) of this section
may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected
notwithstanding a change in the use or transfer of possession
of the collateral.
(c) Duration and renewal of perfection. Except as otherwise provided in subsection (d) of this section and RCW
62A.9A-316 (d) and (e), duration and renewal of perfection
of a security interest perfected by compliance with the
requirements prescribed by a statute, regulation, or treaty
described in subsection (a) of this section are governed by the
statute, regulation, or treaty. In other respects, the security
interest is subject to this Article.
(d) Inapplicability to certain inventory. During any
period in which collateral subject to RCW 46.12.095 or
88.02.070, or chapter 65.12 RCW is inventory held for sale or
lease by a person or leased by that person as lessor and that
person is in the business of selling goods of that kind, this
section does not apply to a security interest in that collateral
created by that person. [2001 c 32 § 25; 2000 c 250 § 9A311.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-312
62A.9A-312 Perfection of security interests in chattel
paper, deposit accounts, documents, goods covered by
documents, instruments, investment property, letter-ofcredit rights, and money; perfection by permissive filing;
temporary perfection without filing or transfer of possession. (a) Perfection by filing permitted. A security interest
in chattel paper, negotiable documents, instruments, or
investment property may be perfected by filing.
(b) Control or possession of certain collateral. Except
as otherwise provided in RCW 62A.9A-315 (c) and (d) for
proceeds:
(1) A security interest in a deposit account may be perfected only by control under RCW 62A.9A-314;
(2) And except as otherwise provided in RCW
62A.9A-308(d), a security interest in a letter-of-credit right
may be perfected only by control under RCW 62A.9A-314;
and
(3) A security interest in money may be perfected only
by the secured party’s taking possession under RCW
62A.9A-313.
(2006 Ed.)
62A.9A-313
(c) Goods covered by negotiable document. While
goods are in the possession of a bailee that has issued a negotiable document covering the goods:
(1) A security interest in the goods may be perfected by
perfecting a security interest in the document; and
(2) A security interest perfected in the document has priority over any security interest that becomes perfected in the
goods by another method during that time.
(d) Goods covered by nonnegotiable document.
While goods are in the possession of a bailee that has issued
a nonnegotiable document covering the goods, a security
interest in the goods may be perfected by:
(1) Issuance of a document in the name of the secured
party;
(2) The bailee’s receipt of notification of the secured
party’s interest; or
(3) Filing as to the goods.
(e) Temporary perfection: New value. A security
interest in certificated securities, negotiable documents, or
instruments is perfected without filing or the taking of possession for a period of twenty days from the time it attaches
to the extent that it arises for new value given under an
authenticated security agreement.
(f) Temporary perfection: Goods or documents
made available to debtor. A perfected security interest in a
negotiable document or goods in possession of a bailee, other
than one that has issued a negotiable document for the goods,
remains perfected for twenty days without filing if the
secured party makes available to the debtor the goods or documents representing the goods for the purpose of:
(1) Ultimate sale or exchange; or
(2) Loading, unloading, storing, shipping, transshipping,
manufacturing, processing, or otherwise dealing with them in
a manner preliminary to their sale or exchange.
(g) Temporary perfection: Delivery of security certificate or instrument to debtor. A perfected security interest in a certificated security or instrument remains perfected
for twenty days without filing if the secured party delivers the
security certificate or instrument to the debtor for the purpose
of:
(1) Ultimate sale or exchange; or
(2) Presentation, collection, enforcement, renewal, or
registration of transfer.
(h) Expiration of temporary perfection. After the
twenty-day period specified in subsection (e), (f), or (g) of
this section expires, perfection depends upon compliance
with this Article. [2000 c 250 § 9A-312.]
62A.9A-313
62A.9A-313 When possession by or delivery to
secured party perfects security interest without filing. (a)
Perfection by possession or delivery. Except as otherwise
provided in subsection (b) of this section, a secured party
may perfect a security interest in negotiable documents,
goods, instruments, money, or tangible chattel paper by taking possession of the collateral. A secured party may perfect
a security interest in certificated securities by taking delivery
of the certificated securities under RCW 62A.8-301.
(b) Goods covered by certificate of title. With respect
to goods covered by a certificate of title issued by this state, a
secured party may perfect a security interest in the goods by
[Title 62A RCW—page 131]
62A.9A-314
Title 62A RCW: Uniform Commercial Code
taking possession of the goods only in the circumstances
described in RCW 62A.9A-316(d).
(c) Collateral in possession of person other than
debtor. With respect to collateral other than certificated
securities and goods covered by a document, a secured party
takes possession of collateral in the possession of a person
other than the debtor, the secured party, or a lessee of the collateral from the debtor in the ordinary course of the debtor’s
business, when:
(1) The person in possession authenticates a record
acknowledging that it holds possession of the collateral for
the secured party’s benefit; or
(2) The person takes possession of the collateral after
having authenticated a record acknowledging that it will hold
possession of collateral for the secured party’s benefit.
(d) Time of perfection by possession; continuation of
perfection. If perfection of a security interest depends upon
possession of the collateral by a secured party, perfection
occurs no earlier than the time the secured party takes possession and continues only while the secured party retains possession.
(e) Time of perfection by delivery; continuation of
perfection. A security interest in a certificated security in
registered form is perfected by delivery when delivery of the
certificated security occurs under RCW 62A.8-301 and
remains perfected by delivery until the debtor obtains possession of the security certificate.
(f) Acknowledgment not required. A person in possession of collateral is not required to acknowledge that it holds
possession for a secured party’s benefit.
(g) Effectiveness of acknowledgment; no duties or
confirmation. If a person acknowledges that it holds possession for the secured party’s benefit:
(1) The acknowledgment is effective under subsection
(c) of this section or RCW 62A.8-301(1), even if the
acknowledgment violates the rights of a debtor; and
(2) Unless the person otherwise agrees or law other than
this Article otherwise provides, the person does not owe any
duty to the secured party and is not required to confirm the
acknowledgment to another person.
(h) Secured party’s delivery to person other than
debtor. A secured party having possession of collateral does
not relinquish possession by delivering the collateral to a person other than the debtor or a lessee of the collateral from the
debtor in the ordinary course of the debtor’s business if the
person was instructed before the delivery or is instructed contemporaneously with the delivery:
(1) To hold possession of the collateral for the secured
party’s benefit; or
(2) To redeliver the collateral to the secured party.
(i) Effect of delivery under subsection (h); no duties
or confirmation. A secured party does not relinquish possession, even if a delivery under subsection (h) of this section
violates the rights of a debtor. A person to which collateral is
delivered under subsection (h) of this section does not owe
any duty to the secured party and is not required to confirm
the delivery to another person unless the person otherwise
agrees or law other than this Article otherwise provides.
[2001 c 32 § 26; 2000 c 250 § 9A-313.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
[Title 62A RCW—page 132]
62A.9A-314 Perfection by control. (a) Perfection by
control. A security interest in investment property, deposit
accounts, letter-of-credit rights, or electronic chattel paper
may be perfected by control of the collateral under RCW
62A.9A-104, 62A.9A-105, 62A.9A-106, or 62A.9A-107.
(b) Specified collateral: Time of perfection by control; continuation of perfection. A security interest in
deposit accounts, electronic chattel paper, or letter-of-credit
rights is perfected by control under RCW 62A.9A-104,
62A.9A-105, or 62A.9A-107 when the secured party obtains
control and remains perfected by control only while the
secured party retains control.
(c) Investment property: Time of perfection by control; continuation of perfection. A security interest in
investment property is perfected by control under RCW
62A.9A-106 from the time the secured party obtains control
and remains perfected by control until:
(1) The secured party does not have control; and
(2) One of the following occurs:
(A) If the collateral is a certificated security, the debtor
has or acquires possession of the security certificate;
(B) If the collateral is an uncertificated security, the
issuer has registered or registers the debtor as the registered
owner; or
(C) If the collateral is a security entitlement, the debtor is
or becomes the entitlement holder. [2000 c 250 § 9A-314.]
62A.9A-314
62A.9A-315
62A.9A-315 Secured party’s rights on disposition of
collateral and in proceeds. (a) Disposition of collateral:
Continuation of security interest or agricultural lien; proceeds. Except as otherwise provided in this Article and in
RCW 62A.2-403(2):
(1) A security interest or agricultural lien continues in
collateral notwithstanding sale, lease, license, exchange, or
other disposition thereof unless the secured party authorized
the disposition free of the security interest or agricultural
lien; and
(2) A security interest attaches to any identifiable proceeds of collateral.
(b) When commingled proceeds identifiable. Proceeds that are commingled with other property are identifiable proceeds:
(1) If the proceeds are goods, to the extent provided by
RCW 62A.9A-336; and
(2) If the proceeds are not goods, to the extent that the
secured party identifies the proceeds by a method of tracing,
including application of equitable principles, that is permitted
under law other than this Article with respect to commingled
property of the type involved.
(c) Perfection of security interest in proceeds. A security interest in proceeds is a perfected security interest if the
security interest in the original collateral was perfected.
(d) Continuation of perfection. A perfected security
interest in proceeds becomes unperfected on the twenty-first
day after the security interest attaches to the proceeds unless:
(1) The following conditions are satisfied:
(A) A filed financing statement covers the original collateral;
(B) The proceeds are collateral in which a security interest may be perfected by filing in the office in which the
financing statement has been filed; and
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
(C) The proceeds are not acquired with cash proceeds;
(2) The proceeds are identifiable cash proceeds; or
(3) The security interest in the proceeds is perfected
other than under subsection (c) of this section when the security interest attaches to the proceeds or within twenty days
thereafter.
(e) When perfected security interest in proceeds
becomes unperfected. If a filed financing statement covers
the original collateral, a security interest in proceeds which
remains perfected under subsection (d)(1) of this section
becomes unperfected at the later of:
(1) When the effectiveness of the filed financing statement lapses under RCW 62A.9A-515 or is terminated under
RCW 62A.9A-513; or
(2) The twenty-first day after the security interest
attaches to the proceeds. [2000 c 250 § 9A-315.]
62A.9A-316 Continued perfection of security interest
following change in governing law. (a) General rule:
Effect on perfection of change in governing law. A security interest perfected pursuant to the law of the jurisdiction
designated in RCW 62A.9A-301(1) or 62A.9A-305(c)
remains perfected until the earliest of:
(1) The time perfection would have ceased under the law
of that jurisdiction;
(2) The expiration of four months after a change of the
debtor’s location to another jurisdiction; or
(3) The expiration of one year after a transfer of collateral to a person that thereby becomes a debtor and is located
in another jurisdiction.
(b) Security interest perfected or unperfected under
law of new jurisdiction. If a security interest described in
subsection (a) of this section becomes perfected under the
law of the other jurisdiction before the earliest time or event
described in subsection (a) of this section, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earliest time or event, it becomes unperfected and is deemed
never to have been perfected as against a purchaser of the collateral for value.
(c) Possessory security interest in collateral moved to
new jurisdiction. A possessory security interest in collateral, other than goods covered by a certificate of title and asextracted collateral consisting of goods, remains continuously perfected if:
(1) The collateral is located in one jurisdiction and subject to a security interest perfected under the law of that jurisdiction;
(2) Thereafter the collateral is brought into another jurisdiction; and
(3) Upon entry into the other jurisdiction, the security
interest is perfected under the law of the other jurisdiction.
(d) Goods covered by certificate of title from this
state. Except as otherwise provided in subsection (e) of this
section, a security interest in goods covered by a certificate of
title which is perfected by any method under the law of
another jurisdiction when the goods become covered by a
certificate of title from this state remains perfected until the
security interest would have become unperfected under the
law of the other jurisdiction had the goods not become so
covered.
62A.9A-316
(2006 Ed.)
62A.9A-317
(e) When subsection (d) security interest becomes
unperfected against purchasers. A security interest
described in subsection (d) of this section becomes unperfected as against a purchaser of the goods for value and is
deemed never to have been perfected as against a purchaser
of the goods for value if the applicable requirements for perfection under RCW 62A.9A-311(b) or 62A.9A-313 are not
satisfied before the earlier of:
(1) The time the security interest would have become
unperfected under the law of the other jurisdiction had the
goods not become covered by a certificate of title from this
state; or
(2) The expiration of four months after the goods had
become so covered.
(f) Change in jurisdiction of bank, issuer, nominated
person, securities intermediary, or commodity intermediary. A security interest in deposit accounts, letter-of-credit
rights, or investment property which is perfected under the
law of the bank’s jurisdiction, the issuer’s jurisdiction, a
nominated person’s jurisdiction, the securities intermediary’s
jurisdiction, or the commodity intermediary’s jurisdiction, as
applicable, remains perfected until the earlier of:
(1) The time the security interest would have become
unperfected under the law of that jurisdiction; or
(2) The expiration of four months after a change of the
applicable jurisdiction to another jurisdiction.
(g) Subsection (f) of this section security interest perfected or unperfected under law of new jurisdiction. If a
security interest described in subsection (f) of this section
becomes perfected under the law of the other jurisdiction
before the earlier of the time or the end of the period
described in subsection (f) of this section, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier of that time or the end of that period, it becomes unperfected and is deemed never to have been perfected as against
a purchaser of the collateral for value. [2000 c 250 § 9A316.]
62A.9A-317
62A.9A-317 Interests that take priority over or take
free of security interest or agricultural lien. (a) Conflicting security interests and rights of lien creditors. A security interest or agricultural lien is subordinate to the rights of:
(1) A person entitled to priority under RCW
62A.9A-322; and
(2) Except as otherwise provided in subsection (e) of this
section, a person that becomes a lien creditor before the earlier of the time:
(A) The security interest or agricultural lien is perfected;
or
(B) One of the conditions specified in RCW 62A.9A203(b)(3) is met and a financing statement covering the collateral is filed.
(b) Buyers that receive delivery. Except as otherwise
provided in subsection (e) of this section, a buyer, other than
a secured party, of tangible chattel paper, documents, goods,
instruments, or a security certificate takes free of a security
interest or agricultural lien if the buyer gives value and
receives delivery of the collateral without knowledge of the
security interest or agricultural lien and before it is perfected.
[Title 62A RCW—page 133]
62A.9A-318
Title 62A RCW: Uniform Commercial Code
(c) Lessees that receive delivery. Except as otherwise
provided in subsection (e) of this section, a lessee of goods
takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without
knowledge of the security interest or agricultural lien and
before it is perfected.
(d) Licensees and buyers of certain collateral. A licensee of a general intangible or a buyer, other than a secured
party, of accounts, electronic chattel paper, general intangibles, or investment property other than a certificated security
takes free of a security interest if the licensee or buyer gives
value without knowledge of the security interest and before it
is perfected.
(e) Purchase-money security interest. Except as otherwise provided in RCW 62A.9A-320 and 62A.9A-321, if a
person files a financing statement with respect to a purchasemoney security interest before or within twenty days after the
debtor receives delivery of the collateral, the security interest
takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the security interest attaches
and the time of filing. [2001 c 32 § 27; 2000 c 250 § 9A-317.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-318
62A.9A-318 No interest retained in right to payment
that is sold; rights and title of seller of account or chattel
paper with respect to creditors and purchasers. (a) Seller
retains no interest. A debtor that has sold an account, chattel paper, payment intangible, or promissory note does not
retain a legal or equitable interest in the collateral sold.
(b) Deemed rights of debtor if buyer’s security interest unperfected. For purposes of determining the rights of
creditors of, and purchasers for value of an account or chattel
paper from, a debtor that has sold an account or chattel paper,
while the buyer’s security interest is unperfected, the debtor
is deemed to have rights and title to the account or chattel
paper identical to those the debtor sold. [2000 c 250 § 9A318.]
62A.9A-319
62A.9A-319 Rights and title of consignee with
respect to creditors and purchasers. (a) Consignee has
consignor’s rights. Except as otherwise provided in subsection (b) of this section, for purposes of determining the rights
of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is deemed to have rights and title to the
goods identical to those the consignor had or had power to
transfer.
(b) Applicability of other law. For purposes of determining the rights of a creditor of a consignee, law other than
this Article determines the rights and title of a consignee
while goods are in the consignee’s possession if, under this
part, a perfected security interest held by the consignor would
have priority over the rights of the creditor. [2000 c 250 §
9A-319.]
est created by the buyer’s seller, even if the security interest
is perfected and the buyer knows of its existence.
(b) Buyer of consumer goods. Except as otherwise provided in subsection (e) of this section, a buyer of goods from
a person who used or bought the goods for use primarily for
personal, family, or household purposes takes free of a security interest, even if perfected, if the buyer buys:
(1) Without knowledge of the security interest;
(2) For value;
(3) Primarily for the buyer’s personal, family, or household purposes; and
(4) Before the filing of a financing statement covering
the goods.
(c) Effectiveness of filing for subsection (b) of this section. To the extent that it affects the priority of a security
interest over a buyer of goods under subsection (b) of this
section, the period of effectiveness of a filing made in the
jurisdiction in which the seller is located is governed by
RCW 62A.9A-316 (a) and (b).
(d) Buyer in ordinary course of business at wellhead
or minehead. A buyer in ordinary course of business buying
oil, gas, or other minerals at the wellhead or minehead or
after extraction takes free of an interest arising out of an
encumbrance.
(e) Possessory security interest not affected. Subsections (a) and (b) of this section do not affect a security interest
in goods in the possession of the secured party under RCW
62A.9A-313. [2000 c 250 § 9A-320.]
62A.9A-321
62A.9A-321 Licensee of general intangible and lessee
of goods in ordinary course of business. (a) "Licensee in
ordinary course of business." In this section, "licensee in
ordinary course of business" means a person that becomes a
licensee of a general intangible in good faith, without knowledge that the license violates the rights of another person in
the general intangible, and in the ordinary course from a person in the business of licensing general intangibles of that
kind. A person becomes a licensee in the ordinary course if
the license to the person comports with the usual or customary practices in the kind of business in which the licensor is
engaged or with the licensor’s own usual or customary practices.
(b) Rights of licensee in ordinary course of business.
A licensee in ordinary course of business takes its rights
under a nonexclusive license free of a security interest in the
general intangible created by the licensor, even if the security
interest is perfected and the licensee knows of its existence.
(c) Rights of lessee in ordinary course of business. A
lessee in ordinary course of business takes its leasehold interest free of a security interest in the goods created by the lessor, even if the security interest is perfected and the lessee
knows of its existence. [2000 c 250 § 9A-321.]
62A.9A-322
62A.9A-320
62A.9A-320 Buyer of goods. (a) Buyer in ordinary
course of business. Except as otherwise provided in subsection (e) of this section, a buyer in ordinary course of business,
other than a person buying farm products from a person
engaged in farming operations, takes free of a security inter[Title 62A RCW—page 134]
62A.9A-322 Priorities among conflicting security
interests in and agricultural liens on same collateral. (a)
General priority rules. Except as otherwise provided in this
section, priority among conflicting security interests and
agricultural liens in the same collateral is determined according to the following rules:
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
(1) Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or
agricultural lien is first perfected, if there is no period thereafter when there is neither filing nor perfection.
(2) A perfected security interest or agricultural lien has
priority over a conflicting unperfected security interest or
agricultural lien.
(3) The first security interest or agricultural lien to attach
or become effective has priority if conflicting security interests and agricultural liens are unperfected.
(b) Time of perfection: Proceeds and supporting obligations. For the purposes of subsection (a)(1) of this section:
(1) The time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a
security interest in proceeds; and
(2) The time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also
the time of filing or perfection as to a security interest in the
supporting obligation.
(c) Special priority rules: Proceeds and supporting
obligations. Except as otherwise provided in subsection (f)
of this section, a security interest in collateral which qualifies
for priority over a conflicting security interest under RCW
62A.9A-327, 62A.9A-328, 62A.9A-329, 62A.9A-330, or
62A.9A-331 also has priority over a conflicting security
interest in:
(1) Any supporting obligation for the collateral; and
(2) Proceeds of the collateral if:
(A) The security interest in proceeds is perfected;
(B) The proceeds are cash proceeds or of the same type
as the collateral; and
(C) In the case of proceeds that are proceeds of proceeds,
all intervening proceeds are cash proceeds, proceeds of the
same type as the collateral, or an account relating to the collateral.
(d) First-to-file priority rule for certain collateral.
Subject to subsection (e) of this section and except as otherwise provided in subsection (f) of this section, if a security
interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property, or letter-of-credit
rights is perfected by a method other than filing, conflicting
perfected security interests in proceeds of the collateral rank
according to priority in time of filing.
(e) Applicability of subsection (d) of this section. Subsection (d) of this section applies only if the proceeds of the
collateral are not cash proceeds, chattel paper, negotiable
documents, instruments, investment property, or letter-ofcredit rights.
(f) Limitations on subsections (a) through (e) of this
section. Subsections (a) through (e) of this section are subject to:
(1) Subsection (g) of this section and the other provisions
of this part;
(2) RCW 62A.4-210 with respect to a security interest of
a collecting bank;
(3) RCW 62A.5-118 with respect to a security interest of
an issuer or nominated person; and
(4) RCW 62A.9A-110 with respect to a security interest
arising under Article 2 or 2A.
(2006 Ed.)
62A.9A-323
(g) Priority under agricultural lien statute. A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same
collateral if the statute creating the agricultural lien so provides. Conflicts as to priority between and among security
interests in crops and agricultural liens subject to chapter
60.11 RCW are governed by the provisions of that chapter.
[2001 c 32 § 28; 2000 c 250 § 9A-322.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-323
62A.9A-323 Future advances. (a) When priority
based on time of advance. Except as otherwise provided in
subsection (c) of this section, for purposes of determining the
priority of a perfected security interest under RCW
62A.9A-322(a)(1), perfection of the security interest dates
from the time an advance is made to the extent that the security interest secures an advance that:
(1) Is made while the security interest is perfected only:
(A) Under RCW 62A.9A-309 when it attaches; or
(B) Temporarily under RCW 62A.9A-312 (e), (f), or (g);
and
(2) Is not made pursuant to a commitment entered into
before or while the security interest is perfected by a method
other than under RCW 62A.9A-309 or 62A.9A-312 (e), (f),
or (g).
(b) Lien creditor. Except as otherwise provided in subsection (c) of this section, a security interest is subordinate to
the rights of a person that becomes a lien creditor to the extent
that the security interest secures an advance made more than
forty-five days after the person becomes a lien creditor unless
the advance is made:
(1) Without knowledge of the lien; or
(2) Pursuant to a commitment entered into without
knowledge of the lien.
(c) Buyer of receivables. Subsections (a) and (b) of this
section do not apply to a security interest held by a secured
party that is a buyer of accounts, chattel paper, payment
intangibles, or promissory notes or a consignor.
(d) Buyer of goods. Except as otherwise provided in
subsection (e) of this section, a buyer of goods other than a
buyer in ordinary course of business takes free of a security
interest to the extent that it secures advances made after the
earlier of:
(1) The time the secured party acquires knowledge of the
buyer’s purchase; or
(2) Forty-five days after the purchase.
(e) Advances made pursuant to commitment: Priority of buyer of goods. Subsection (d) of this section does not
apply if the advance is made pursuant to a commitment
entered into without knowledge of the buyer’s purchase and
before the expiration of the forty-five day period.
(f) Lessee of goods. Except as otherwise provided in
subsection (g) of this section, a lessee of goods, other than a
lessee in ordinary course of business, takes the leasehold
interest free of a security interest to the extent that it secures
advances made after the earlier of:
(1) The time the secured party acquires knowledge of the
lease; or
(2) Forty-five days after the lease contract becomes
enforceable.
[Title 62A RCW—page 135]
62A.9A-324
Title 62A RCW: Uniform Commercial Code
(g) Advances made pursuant to commitment: Priority of lessee of goods. Subsection (f) of this section does not
apply if the advance is made pursuant to a commitment
entered into without knowledge of the lease and before the
expiration of the forty-five day period. [2000 c 250 § 9A323.]
62A.9A-324 Priority of purchase-money security
interests. (a) General rule: Purchase-money priority.
Except as otherwise provided in subsection (g) of this section, a perfected purchase-money security interest in goods
other than inventory or livestock has priority over a conflicting security interest in the same goods, and, except as otherwise provided in RCW 62A.9A-327, a perfected security
interest in its identifiable proceeds also has priority, if the
purchase-money security interest is perfected when the
debtor receives possession of the collateral or within twenty
days thereafter.
(b) Inventory purchase-money priority. Subject to
subsection (c) of this section and except as otherwise provided in subsection (g) of this section, a perfected purchasemoney security interest in inventory has priority over a conflicting security interest in the same inventory, has priority
over a conflicting security interest in chattel paper or an
instrument constituting proceeds of the inventory and in proceeds of the chattel paper, if so provided in RCW
62A.9A-330, and, except as otherwise provided in RCW
62A.9A-327, also has priority in identifiable cash proceeds of
the inventory to the extent the identifiable cash proceeds are
received on or before the delivery of the inventory to a buyer,
if:
(1) The purchase-money security interest is perfected
when the debtor receives possession of the inventory;
(2) The purchase-money secured party sends an authenticated notification to the holder of the conflicting security
interest;
(3) The holder of the conflicting security interest
receives the notification within five years before the debtor
receives possession of the inventory; and
(4) The notification states that the person sending the
notification has or expects to acquire a purchase-money security interest in inventory of the debtor and describes the
inventory.
(c) Holders of conflicting inventory security interests
to be notified. Subsections (b)(2) through (4) of this section
apply only if the holder of the conflicting security interest had
filed a financing statement covering the same types of inventory:
(1) If the purchase-money security interest is perfected
by filing, before the date of the filing; or
(2) If the purchase-money security interest is temporarily
perfected without filing or possession under RCW
62A.9A-312(f), before the beginning of the twenty-day
period thereunder.
(d) Livestock purchase-money priority. Subject to
subsection (e) of this section and except as otherwise provided in subsection (g) of this section, a perfected purchasemoney security interest in livestock that are farm products
has priority over a conflicting security interest in the same
livestock, and, except as otherwise provided in RCW
62A.9A-327, a perfected security interest in their identifiable
62A.9A-324
[Title 62A RCW—page 136]
proceeds and identifiable products in their unmanufactured
states also has priority, if:
(1) The purchase-money security interest is perfected
when the debtor receives possession of the livestock;
(2) The purchase-money secured party sends an authenticated notification to the holder of the conflicting security
interest;
(3) The holder of the conflicting security interest
receives the notification within six months before the debtor
receives possession of the livestock; and
(4) The notification states that the person sending the
notification has or expects to acquire a purchase-money security interest in livestock of the debtor and describes the livestock.
(e) Holders of conflicting livestock security interests
to be notified. Subsections (d)(2) through (4) of this section
apply only if the holder of the conflicting security interest had
filed a financing statement covering the same types of livestock:
(1) If the purchase-money security interest is perfected
by filing, before the date of the filing; or
(2) If the purchase-money security interest is temporarily
perfected without filing or possession under RCW
62A.9A-312(f), before the beginning of the twenty-day
period thereunder.
(f) Software purchase-money priority. Except as otherwise provided in subsection (g) of this section, a perfected
purchase-money security interest in software has priority
over a conflicting security interest in the same collateral, and,
except as otherwise provided in RCW 62A.9A-327, a perfected security interest in its identifiable proceeds also has
priority, to the extent that the purchase-money security interest in the goods in which the software was acquired for use
has priority in the goods and proceeds of the goods under this
section.
(g) Conflicting purchase-money security interests. If
more than one security interest qualifies for priority in the
same collateral under subsection (a), (b), (d), or (f) of this
section:
(1) A security interest securing an obligation incurred as
all or part of the price of the collateral has priority over a
security interest securing an obligation incurred for value
given to enable the debtor to acquire rights in or the use of
collateral; and
(2) In all other cases, RCW 62A.9A-322(a) applies to the
qualifying security interests. [2000 c 250 § 9A-324.]
62A.9A-325
62A.9A-325 Priority of security interests in transferred collateral. (a) Subordination of security interest in
transferred collateral. Except as otherwise provided in subsection (b) of this section, a security interest created by a
debtor is subordinate to a security interest in the same collateral created by another person if:
(1) The debtor acquired the collateral subject to the security interest created by the other person;
(2) The security interest created by the other person was
perfected when the debtor acquired the collateral; and
(3) There is no period thereafter when the security interest is unperfected.
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
(b) Limitation of subsection (a) of this section subordination. Subsection (a) of this section subordinates a security interest only if the security interest:
(1) Otherwise would have priority solely under RCW
62A.9A-322(a) or 62A.9A-324; or
(2) Arose solely under RCW 62A.2-711(3) or
62A.2A-508(5). [2000 c 250 § 9A-325.]
62A.9A-326
62A.9A-326 Priority of security interests created by
new debtor. (a) Subordination of security interest created
by new debtor. Subject to subsection (b) of this section, a
security interest created by a new debtor which is perfected
by a filed financing statement that is effective solely under
RCW 62A.9A-508 in collateral in which a new debtor has or
acquires rights is subordinate to a security interest in the same
collateral which is perfected other than by a filed financing
statement that is effective solely under RCW 62A.9A-508.
(b) Priority under other provisions; multiple original
debtors. The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements that are effective
solely under RCW 62A.9A-508. However, if the security
agreements to which a new debtor became bound as debtor
were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of
the new debtor’s having become bound. [2000 c 250 § 9A326.]
62A.9A-327
62A.9A-327 Priority of security interests in deposit
account. The following rules govern priority among conflicting security interests in the same deposit account:
(1) A security interest held by a secured party having
control of the deposit account under RCW 62A.9A-104 has
priority over a conflicting security interest held by a secured
party that does not have control.
(2) Except as otherwise provided in [subsections] (3) and
(4) of this section, security interests perfected by control
under RCW 62A.9A-314 rank according to priority in time of
obtaining control.
(3) Except as otherwise provided in [subsection] (4) of
this section, a security interest held by the bank with which
the deposit account is maintained has priority over a conflicting security interest held by another secured party.
(4) A security interest perfected by control under RCW
62A.9A-104(a)(3) has priority over a security interest held by
the bank with which the deposit account is maintained. [2000
c 250 § 9A-327.]
62A.9A-328
62A.9A-328 Priority of security interests in investment property. The following rules govern priority among
conflicting security interests in the same investment property:
(1) A security interest held by a secured party having
control of investment property under RCW 62A.9A-106 has
priority over a security interest held by a secured party that
does not have control of the investment property.
(2) Except as otherwise provided in subsections (3) and
(4) of this section, conflicting security interests held by
secured parties each of which has control under RCW
62A.9A-106 rank according to priority in time of:
(a) If the collateral is a security, obtaining control;
(2006 Ed.)
62A.9A-330
(b) If the collateral is a security entitlement carried in a
securities account and:
(i) If the secured party obtained control under RCW
62A.8-106(4)(a), the secured party’s becoming the person for
which the securities account is maintained;
(ii) If the secured party obtained control under RCW
62A.8-106(4)(b), the securities intermediary’s agreement to
comply with the secured party’s entitlement orders with
respect to security entitlements carried or to be carried in the
securities account; or
(iii) If the secured party obtained control through another
person under RCW 62A.8-106(4)(c), the time on which priority would be based under this paragraph if the other person
were the secured party; or
(c) If the collateral is a commodity contract carried with
a commodity intermediary, the satisfaction of the requirement for control specified in RCW 62A.9A-106(b)(2) with
respect to commodity contracts carried or to be carried with
the commodity intermediary.
(3) A security interest held by a securities intermediary
in a security entitlement or a securities account maintained
with the securities intermediary has priority over a conflicting security interest held by another secured party.
(4) A security interest held by a commodity intermediary
in a commodity contract or a commodity account maintained
with the commodity intermediary has priority over a conflicting security interest held by another secured party.
(5) A security interest in a certificated security in registered form which is perfected by taking delivery under RCW
62A.9A-313(a) and not by control under RCW 62A.9A-314
has priority over a conflicting security interest perfected by a
method other than control.
(6) Conflicting security interests created by a broker,
securities intermediary, or commodity intermediary which
are perfected without control under RCW 62A.9A-106 rank
equally.
(7) In all other cases, priority among conflicting security
interests in investment property is governed by RCW
62A.9A-322 and 62A.9A-323. [2001 c 32 § 29; 2000 c 250
§ 9A-328.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-329
62A.9A-329 Priority of security interests in letter-ofcredit right. The following rules govern priority among conflicting security interests in the same letter-of-credit right:
(1) A security interest held by a secured party having
control of the letter-of-credit right under RCW 62A.9A-107
has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control.
(2) Security interests perfected by control under RCW
62A.9A-314 rank according to priority in time of obtaining
control. [2000 c 250 § 9A-329.]
62A.9A-330
62A.9A-330 Priority of purchaser of chattel paper or
instrument. (a) Purchaser’s priority: Security interest
claimed merely as proceeds. A purchaser of chattel paper
has priority over a security interest in the chattel paper which
is claimed merely as proceeds of inventory subject to a security interest if:
[Title 62A RCW—page 137]
62A.9A-331
Title 62A RCW: Uniform Commercial Code
(1) In good faith and in the ordinary course of the purchaser’s business, the purchaser gives new value and takes
possession of the chattel paper or obtains control of the chattel paper under RCW 62A.9A-105; and
(2) The chattel paper does not indicate that it has been
assigned to an identified assignee other than the purchaser.
(b) Purchaser’s priority: Other security interests. A
purchaser of chattel paper has priority over a security interest
in the chattel paper which is claimed other than merely as
proceeds of inventory subject to a security interest if the purchaser gives new value and takes possession of the chattel
paper or obtains control of the chattel paper under RCW
62A.9A-105 in good faith, in the ordinary course of the purchaser’s business, and without knowledge that the purchase
violates the rights of the secured party.
(c) Chattel paper purchaser’s priority in proceeds.
Except as otherwise provided in RCW 62A.9A-327, a purchaser having priority in chattel paper under subsection (a) or
(b) of this section also has priority in proceeds of the chattel
paper to the extent that:
(1) RCW 62A.9A-322 provides for priority in the proceeds; or
(2) The proceeds consist of the specific goods covered
by the chattel paper or cash proceeds of the specific goods,
even if the purchaser’s security interest in the proceeds is
unperfected.
(d) Instrument purchaser’s priority. Except as otherwise provided in RCW 62A.9A-331(a), a purchaser of an
instrument has priority over a security interest in the instrument perfected by a method other than possession if the purchaser gives value and takes possession of the instrument in
good faith and without knowledge that the purchase violates
the rights of the secured party.
(e) Holder of purchase-money security interest gives
new value. For purposes of subsections (a) and (b) of this
section, the holder of a purchase-money security interest in
inventory gives new value for chattel paper constituting proceeds of the inventory.
(f) Indication of assignment gives knowledge. For
purposes of subsections (b) and (d) of this section, if chattel
paper or an instrument indicates that it has been assigned to
an identified secured party other than the purchaser, a purchaser of the chattel paper or instrument has knowledge that
the purchase violates the rights of the secured party. [2000 c
250 § 9A-330.]
62A.9A-331
62A.9A-331 Priority of rights of purchasers of
instruments, documents, and securities under other articles; priority of interests in financial assets and security
entitlements under Article 8. (a) Rights under Articles 3,
7, and 8 not limited. This Article does not limit the rights of
a holder in due course of a negotiable instrument, a holder to
which a negotiable document of title has been duly negotiated, or a protected purchaser of a security. These holders or
purchasers take priority over an earlier security interest, even
if perfected, to the extent provided in Articles 3, 7, and 8.
(b) Protection under Article 8. This Article does not
limit the rights of or impose liability on a person to the extent
that the person is protected against the assertion of a claim
under Article 8.
[Title 62A RCW—page 138]
(c) Filing not notice. Filing under this Article does not
constitute notice of a claim or defense to the holders, or purchasers, or persons described in subsections (a) and (b) of this
section. [2001 c 32 § 30; 2000 c 250 § 9A-331.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-332
62A.9A-332 Transfer of money; transfer of funds
from deposit account. (a) Transferee of money. A transferee of money takes the money free of a security interest
unless the transferee acts in collusion with the debtor in violating the rights of the secured party.
(b) Transferee of funds from deposit account. A
transferee of funds from a deposit account takes the funds
free of a security interest in the deposit account unless the
transferee acts in collusion with the debtor in violating the
rights of the secured party. [2000 c 250 § 9A-332.]
62A.9A-333
62A.9A-333 Priority of certain liens arising by operation of law. (a) "Possessory lien." In this section, "possessory lien" means an interest, other than a security interest or
an agricultural lien:
(1) Which secures payment or performance of an obligation for services or materials furnished with respect to goods
by a person in the ordinary course of the person’s business;
(2) Which is created by statute or rule of law in favor of
the person; and
(3) Whose effectiveness depends on the person’s possession of the goods.
(b) Priority of possessory lien. A possessory lien on
goods has priority over a security interest in the goods only if
the lien is created by a statute that expressly so provides.
(c) A preparer lien or processor lien properly created
pursuant to chapter 60.13 RCW or a depositor’s lien created
pursuant to chapter 22.09 RCW takes priority over any perfected or unperfected security interest. [2001 c 32 § 31; 2000
c 250 § 9A-333.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-334
62A.9A-334 Priority of security interests in fixtures
and crops. (a) Security interest in fixtures under this
Article. A security interest under this Article may be created
in goods that are fixtures or may continue in goods that
become fixtures. A security interest does not exist under this
Article in ordinary building materials incorporated into an
improvement on land.
(b) Security interest in fixtures under real-property
law. This Article does not prevent creation of an encumbrance upon fixtures under real property law.
(c) General rule: Subordination of security interest
in fixtures. In cases not governed by subsections (d) through
(h) of this section, a security interest in fixtures is subordinate
to a conflicting interest of an encumbrancer or owner of the
related real property other than the debtor.
(d) Fixtures purchase-money priority. Except as otherwise provided in subsection (h) of this section, a perfected
security interest in fixtures has priority over a conflicting
interest of an encumbrancer or owner of the real property if
the debtor has an interest of record in, or is in possession of,
the real property and:
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
(1) The security interest is a purchase-money security
interest;
(2) The interest of the encumbrancer or owner arises
before the goods become fixtures; and
(3) The security interest is perfected by a fixture filing
before the goods become fixtures or within twenty days
thereafter.
(e) Priority of security interest in fixtures over interests in real property. A perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if:
(1) The debtor has an interest of record in the real property or is in possession of the real property and the security
interest:
(A) Is perfected by a fixture filing before the interest of
the encumbrancer or owner is of record; and
(B) Has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner;
(2) Before the goods become fixtures, the security interest is perfected by any method permitted by this Article and
the fixtures are readily removable:
(A) Factory or office machines;
(B) Equipment that is not primarily used or leased for
use in the operation of the real property; or
(C) Replacements of domestic appliances that are consumer goods; or
(3) The conflicting interest is a lien on the real property
obtained by legal or equitable proceedings after the security
interest was perfected by any method permitted by this Article.
(f) Priority based on consent, disclaimer, or right to
remove. A security interest in fixtures, whether or not perfected, has priority over a conflicting interest of an encumbrancer or owner of the real property if:
(1) The encumbrancer or owner has, in an authenticated
record, consented to the security interest or disclaimed an
interest in the goods as fixtures; or
(2) The debtor has a right to remove the goods as against
the encumbrancer or owner.
(g) Continuation of subsection (f)(2) priority. The priority of the security interest under subsection (f)(2) of this
section continues for a reasonable time if the debtor’s right to
remove the goods as against the encumbrancer or owner terminates.
(h) Priority of construction mortgage. A mortgage is a
construction mortgage to the extent that it secures an obligation incurred for the construction of an improvement on land,
including the acquisition cost of the land, if a recorded record
of the mortgage so indicates. Except as otherwise provided in
subsections (e) and (f) of this section, a security interest in
fixtures is subordinate to a construction mortgage if a record
of the mortgage is recorded before the goods become fixtures
and the goods become fixtures before the completion of the
construction. A mortgage has this priority to the same extent
as a construction mortgage to the extent that it is given to refinance a construction mortgage.
(i) Priority of security interest in crops. A perfected
security interest in crops growing on real property has priority over a conflicting interest of an encumbrancer or owner of
the real property if the debtor has an interest of record in or is
in possession of the real property.
(2006 Ed.)
62A.9A-336
(j) Subsection (i) prevails. Subsection (i) of this section
prevails over inconsistent provisions of any other statute
except RCW 60.11.050. [2001 c 32 § 32; 2000 c 250 § 9A334.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-335
62A.9A-335 Accessions. (a) Creation of security
interest in accession. A security interest may be created in
an accession and continues in collateral that becomes an
accession.
(b) Perfection of security interest. If a security interest
is perfected when the collateral becomes an accession, the
security interest remains perfected in the collateral.
(c) Priority of security interest. Except as otherwise
provided in subsection (d) of this section, the other provisions
of this part determine the priority of a security interest in an
accession.
(d) Compliance with certificate-of-title statute. A
security interest in an accession is subordinate to a security
interest in the whole which is perfected by compliance with
the requirements of a certificate-of-title statute under RCW
62A.9A-311(b).
(e) Removal of accession after default. After default,
subject to Part 6 of this Article, a secured party may remove
an accession from other goods if the security interest in the
accession has priority over the claims of every person having
an interest in the whole.
(f) Reimbursement following removal. A secured
party that removes an accession from other goods under subsection (e) of this section shall promptly reimburse any
holder of a security interest or other lien on, or owner of, the
whole or of the other goods, other than the debtor, for the cost
of repair of any physical injury to the whole or the other
goods. The secured party need not reimburse the holder or
owner for any diminution in value of the whole or the other
goods caused by the absence of the accession removed or by
any necessity for replacing it. A person entitled to reimbursement may refuse permission to remove until the secured party
gives adequate assurance for the performance of the obligation to reimburse. [2000 c 250 § 9A-335.]
62A.9A-336
62A.9A-336 Commingled goods. (a) "Commingled
goods." In this section, "commingled goods" means goods
that are physically united with other goods in such a manner
that their identity is lost in a product or mass.
(b) No security interest in commingled goods as such.
A security interest does not exist in commingled goods as
such. However, a security interest may attach to a product or
mass that results when goods become commingled goods.
(c) Attachment of security interest to product or
mass. If collateral becomes commingled goods, a security
interest attaches to the product or mass.
(d) Perfection of security interest. If a security interest
in collateral is perfected before the collateral becomes commingled goods, the security interest that attaches to the product or mass under subsection (c) of this section is perfected.
(e) Priority of security interest. Except as otherwise
provided in subsection (f) of this section, the other provisions
of this part determine the priority of a security interest that
[Title 62A RCW—page 139]
62A.9A-337
Title 62A RCW: Uniform Commercial Code
attaches to the product or mass under subsection (c) of this
section.
(f) Conflicting security interests in product or mass.
If more than one security interest attaches to the product or
mass under subsection (c) of this section, the following rules
determine priority:
(1) A security interest that is perfected under subsection
(d) of this section has priority over a security interest that is
unperfected at the time the collateral becomes commingled
goods.
(2) If more than one security interest is perfected under
subsection (d) of this section, the security interests rank
equally in proportion to the value of the collateral at the time
it became commingled goods. [2001 c 32 § 33; 2000 c 250 §
9A-336.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
ment or set-off. Except as otherwise provided in subsection
(c) of this section, a bank with which a deposit account is
maintained may exercise any right of recoupment or set-off
against a secured party that holds a security interest in the
deposit account.
(b) Recoupment or set-off not affected by security
interest. Except as otherwise provided in subsection (c) of
this section, the application of this Article to a security interest in a deposit account does not affect a right of recoupment
or set-off of the secured party as to a deposit account maintained with the secured party.
(c) When set-off ineffective. The exercise by a bank of
a set-off against a deposit account is ineffective against a
secured party that holds a security interest in the deposit
account which is perfected by control under RCW
62A.9A-104(a)(3), if the set-off is based on a claim against
the debtor. [2000 c 250 § 9A-340.]
62A.9A-337
62A.9A-337 Priority of security interests in goods
covered by certificate of title. If, while a security interest in
goods is perfected by any method under the law of another
jurisdiction, this state issues a certificate of title that does not
show that the goods are subject to the security interest or contain a statement that they may be subject to security interests
not shown on the certificate:
(1) A buyer of the goods, other than a person in the business of selling goods of that kind, takes free of the security
interest if the buyer gives value and receives delivery of the
goods after issuance of the certificate and without knowledge
of the security interest; and
(2) The security interest is subordinate to a conflicting
security interest in the goods that attaches, and is perfected
under RCW 62A.9A-311(b), after issuance of the certificate
and without the conflicting secured party’s knowledge of the
security interest. [2000 c 250 § 9A-337.]
62A.9A-338
62A.9A-338 Priority of security interest or agricultural lien perfected by filed financing statement providing
certain incorrect information. If a security interest or agricultural lien is perfected by a filed financing statement providing information described in RCW 62A.9A-516(b)(5)
which is incorrect at the time the financing statement is filed:
(1) The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security
interest gives value in reasonable reliance upon the incorrect
information; and
(2) A purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to
the extent that, in reasonable reliance upon the incorrect
information, the purchaser gives value and, in the case of
chattel paper, documents, goods, instruments, or a security
certificate, receives delivery of the collateral. [2000 c 250 §
9A-338.]
62A.9A-339
62A.9A-339 Priority subject to subordination. This
Article does not preclude subordination by agreement by a
person entitled to priority. [2000 c 250 § 9A-339.]
62A.9A-340
62A.9A-340 Effectiveness of right of recoupment or
set-off against deposit account. (a) Exercise of recoup[Title 62A RCW—page 140]
62A.9A-341
62A.9A-341 Bank’s rights and duties with respect to
deposit account. Except as otherwise provided in RCW
62A.9A-340(c), and unless the bank otherwise agrees in an
authenticated record, a bank’s rights and duties with respect
to a deposit account maintained with the bank are not terminated, suspended, or modified by:
(1) The creation, attachment, or perfection of a security
interest in the deposit account;
(2) The bank’s knowledge of the security interest; or
(3) The bank’s receipt of instructions from the secured
party. [2000 c 250 § 9A-341.]
62A.9A-342
62A.9A-342 Bank’s right to refuse to enter into or
disclose existence of control agreement. This Article does
not require a bank to enter into an agreement of the kind
described in RCW 62A.9A-104(a)(2), even if its customer so
requests or directs. A bank that has entered into such an
agreement is not required to confirm the existence of the
agreement to another person unless requested to do so by its
customer. [2000 c 250 § 9A-342.]
PART 4
RIGHTS OF THIRD PARTIES
62A.9A-401
62A.9A-401 Alienability of debtor’s rights. (a) Other
law governs alienability; exceptions. Except as otherwise
provided in subsection (b) of this section and RCW
62A.9A-406, 62A.9A-407, 62A.9A-408, and 62A.9A-409,
whether a debtor’s rights in collateral may be voluntarily or
involuntarily transferred is governed by law other than this
Article.
(b) Agreement does not prevent transfer. An agreement between the debtor and secured party which prohibits a
transfer of the debtor’s rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.
[2000 c 250 § 9A-401.]
62A.9A-402
62A.9A-402 Secured party not obligated on contract
of debtor or in tort. The existence of a security interest,
agricultural lien, or authority given to a debtor to dispose of
or use collateral, without more, does not subject a secured
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
party to liability in contract or tort for the debtor’s acts or
omissions. [2000 c 250 § 9A-402.]
62A.9A-403
62A.9A-403 Agreement not to assert defenses against
assignee. (a) "Value." In this section, "value" has the meaning provided in RCW 62A.3-303(a).
(b) Agreement not to assert claim or defense. Except
as otherwise provided in this section, an agreement between
an account debtor and an assignor not to assert against an
assignee any claim or defense that the account debtor may
have against the assignor is enforceable by an assignee that
takes an assignment:
(1) For value;
(2) In good faith;
(3) Without notice of a claim of a property or possessory
right to the property assigned; and
(4) Without notice of a defense or claim in recoupment
of the type that may be asserted against a person entitled to
enforce a negotiable instrument under RCW 62A.3-305(a).
(c) When subsection (b) of this section not applicable.
Subsection (b) of this section does not apply to defenses of a
type that may be asserted against a holder in due course of a
negotiable instrument under RCW 62A.3-305(b).
(d) Omission of required statement in consumer
transaction. In a consumer transaction, if a record evidences
the account debtor’s obligation, law other than this Article
requires that the record include a statement to the effect that
the rights of an assignee are subject to claims or defenses that
the account debtor could assert against the original obligee,
and the record does not include such a statement:
(1) The record has the same effect as if the record
included such a statement; and
(2) The account debtor may assert against an assignee
those claims and defenses that would have been available if
the record included such a statement.
(e) Rule for individual under other law. This section
is subject to law other than this Article which establishes a
different rule for an account debtor who is an individual and
who incurred the obligation primarily for personal, family, or
household purposes.
(f) Other law not displaced. Except as otherwise provided in subsection (d) of this section, this section does not
displace law other than this Article which gives effect to an
agreement by an account debtor not to assert a claim or
defense against an assignee. [2000 c 250 § 9A-403.]
62A.9A-404
62A.9A-404 Rights acquired by assignee; claims and
defenses against assignee. (a) Assignee’s rights subject to
terms, claims, and defenses; exceptions. Unless an account
debtor has made an enforceable agreement not to assert
defenses or claims, and subject to subsections (b) through (e)
of this section, the rights of an assignee are subject to:
(1) All terms of the agreement between the account
debtor and assignor and any defense or claim in recoupment
arising from the transaction that gave rise to the contract; and
(2) Any other defense or claim of the account debtor
against the assignor which accrues before the account debtor
receives a notification of the assignment authenticated by the
assignor or the assignee.
(2006 Ed.)
62A.9A-406
(b) Account debtor’s claim reduces amount owed to
assignee. Subject to subsection (c) of this section, and except
as otherwise provided in subsection (d) of this section, the
claim of an account debtor against an assignor may be
asserted against an assignee under subsection (a) of this section only to reduce the amount the account debtor owes.
(c) Rule for individual under other law. This section
is subject to law other than this Article which establishes a
different rule for an account debtor who is an individual and
who incurred the obligation primarily for personal, family, or
household purposes.
(d) Omission of required statement in consumer
transaction. In a consumer transaction, if a record evidences
the account debtor’s obligation, law other than this Article
requires that the record include a statement to the effect that
the account debtor’s recovery against an assignee with
respect to claims and defenses against the assignor may not
exceed amounts paid by the account debtor under the record,
and the record does not include such a statement, the extent to
which a claim of an account debtor against the assignor may
be asserted against an assignee is determined as if the record
included such a statement.
(e) Inapplicability to health-care-insurance receivable. This section does not apply to an assignment of a
health-care-insurance receivable. [2000 c 250 § 9A-404.]
62A.9A-405
62A.9A-405 Modification of assigned contract. (a)
Effect of modification on assignee. A modification of or
substitution for an assigned contract is effective against an
assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract.
The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection
is subject to subsections (b) through (d) of this section.
(b) Applicability of subsection (a) of this section. Subsection (a) of this section applies to the extent that:
(1) The right to payment or a part thereof under an
assigned contract has not been fully earned by performance;
or
(2) The right to payment or a part thereof has been fully
earned by performance and the account debtor has not
received notification of the assignment under RCW
62A.9A-406(a).
(c) Rule for individual under other law. This section
is subject to law other than this Article which establishes a
different rule for an account debtor who is an individual and
who incurred the obligation primarily for personal, family, or
household purposes.
(d) Inapplicability to health-care-insurance receivable. This section does not apply to an assignment of a
health-care-insurance receivable. [2000 c 250 § 9A-405.]
62A.9A-406
62A.9A-406 Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel
paper, payment intangibles, and promissory notes ineffective. (a) Discharge of account debtor; effect of notification. Subject to subsections (b) through (j) of this section, an
account debtor on an account, chattel paper, or a payment
intangible may discharge its obligation by paying the
[Title 62A RCW—page 141]
62A.9A-407
Title 62A RCW: Uniform Commercial Code
assignor until, but not after, the account debtor receives a
notification, authenticated by the assignor or the assignee,
that the amount due or to become due has been assigned and
that payment is to be made to the assignee. After receipt of
the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor.
(b) When notification ineffective. Subject to subsection (h) of this section, notification is ineffective under subsection (a) of this section:
(1) If it does not reasonably identify the rights assigned;
(2) To the extent that an agreement between an account
debtor and a seller of a payment intangible limits the account
debtor’s duty to pay a person other than the seller and the limitation is effective under law other than this Article; or
(3) At the option of an account debtor, if the notification
notifies the account debtor to make less than the full amount
of any installment or other periodic payment to the assignee,
even if:
(A) Only a portion of the account, chattel paper, or payment intangible has been assigned to that assignee;
(B) A portion has been assigned to another assignee; or
(C) The account debtor knows that the assignment to that
assignee is limited.
(c) Proof of assignment. Subject to subsection (h) of
this section, if requested by the account debtor, an assignee
shall seasonably furnish reasonable proof that the assignment
has been made. Unless the assignee complies, the account
debtor may discharge its obligation by paying the assignor,
even if the account debtor has received a notification under
subsection (a) of this section.
(d) Term restricting assignment generally ineffective.
Except as otherwise provided in subsection (e) of this section
and RCW 62A.2A-303 and 62A.9A-407, and subject to subsections (h) and (j) of this section, a term in an agreement
between an account debtor and an assignor or in a promissory
note is ineffective to the extent that it:
(1) Prohibits, restricts, or requires the consent of the
account debtor or person obligated on the promissory note to
the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account,
chattel paper, payment intangible, or promissory note; or
(2) Provides that the assignment or transfer or the creation, attachment, perfection, or enforcement of the security
interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or
remedy under the account, chattel paper, payment intangible,
or promissory note.
(e) Inapplicability of subsection (d) to certain sales.
Subsection (d) of this section does not apply to the sale of a
payment intangible or promissory note.
(f) [Reserved]
(g) Subsection (b)(3) not waivable. Subject to subsection (h) of this section, an account debtor may not waive or
vary its option under subsection (b)(3) of this section.
(h) Rule for individual under other law. This section
is subject to law other than this Article which establishes a
different rule for an account debtor who is an individual and
who incurred the obligation primarily for personal, family, or
household purposes.
[Title 62A RCW—page 142]
(i) Inapplicability to health-care-insurance receivable. This section does not apply to an assignment of a
health-care-insurance receivable.
(j)(1) Inapplicability of subsection (d) of this section
to certain transactions. After July 1, 2003, subsection (d) of
this section does not apply to the assignment or transfer of or
creation of a security interest in:
(A) A claim or right to receive compensation for injuries
or sickness as described in 26 U.S.C. Sec. 104(a)(1) or (2); or
(B) A claim or right to receive benefits under a special
needs trust as described in 42 U.S.C. Sec. 1396p(d)(4).
(2) This subsection will not affect a transfer of structured
settlement payment rights under chapter 19.205 RCW. [2003
c 87 § 1; 2001 c 32 § 34; 2000 c 250 § 9A-406.]
Effective date—2003 c 87: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 87 § 3.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-407
62A.9A-407 Restrictions on creation or enforcement
of security interest in leasehold interest or in lessor’s
residual interest. (a) Term restricting assignment generally ineffective. Except as otherwise provided in subsection
(b) of this section, a term in a lease agreement is ineffective
to the extent that it:
(1) Prohibits, restricts, or requires the consent of a party
to the lease to the assignment or transfer of, or the creation,
attachment, perfection, or enforcement of a security interest
in, an interest of a party under the lease contract or in the lessor’s residual interest in the goods; or
(2) Provides that the assignment or transfer or the creation, attachment, perfection, or enforcement of the security
interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or
remedy under the lease.
(b) Effectiveness of certain terms. Except as otherwise
provided in RCW 62A.2A-303(7), a term described in subsection (a)(2) of this section is effective to the extent that
there is:
(1) A transfer by the lessee of the lessee’s right of possession or use of the goods in violation of the term; or
(2) A delegation of a material performance of either
party to the lease contract in violation of the term.
(c) Security interest not material impairment. The
creation, attachment, perfection, or enforcement of a security
interest in the lessor’s interest under the lease contract or the
lessor’s residual interest in the goods is not a transfer that
materially impairs the lessee’s prospect of obtaining return
performance or materially changes the duty of or materially
increases the burden or risk imposed on the lessee within the
purview of RCW 62A.2A-303(4) unless, and then only to the
extent that, enforcement actually results in a delegation of
material performance of the lessor. [2001 c 32 § 35; 2000 c
250 § 9A-407.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-408
62A.9A-408 Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain
general intangibles ineffective. (a) Term restricting
assignment generally ineffective. Except as otherwise pro(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
vided in subsection (b) of this section, a term in a promissory
note or in an agreement between an account debtor and a
debtor which relates to a health-care-insurance receivable or
a general intangible, including a contract, permit, license, or
franchise, and which term prohibits, restricts, or requires the
consent of the person obligated on the promissory note or the
account debtor to, the assignment or transfer of, or creation,
attachment, or perfection of a security interest in, the promissory note, health-care-insurance receivable, or general intangible, is ineffective to the extent that the term:
(1) Would impair the creation, attachment, or perfection
of a security interest; or
(2) Provides that the assignment or transfer or the creation, attachment, or perfection of the security interest may
give rise to a default, breach, right of recoupment, claim,
defense, termination, right of termination, or remedy under
the promissory note, health-care-insurance receivable, or
general intangible.
(b) Applicability of subsection (a) of this section to
sales of certain rights to payment. Subsection (a) of this
section applies to a security interest in a payment intangible
or promissory note only if the security interest arises out of a
sale of the payment intangible or promissory note.
(c) Legal restrictions on assignment generally ineffective. A rule of law, statute, or regulation that prohibits,
restricts, or requires the consent of a government, governmental body or official, person obligated on a promissory
note, or account debtor to the assignment or transfer of, or
creation of a security interest in, a promissory note, healthcare-insurance receivable, or general intangible, including a
contract, permit, license, or franchise between an account
debtor and a debtor, is ineffective to the extent that the rule of
law, statute, or regulation:
(1) Would impair the creation, attachment, or perfection
of a security interest; or
(2) Provides that the assignment or transfer or the creation, attachment, or perfection of the security interest may
give rise to a default, breach, right of recoupment, claim,
defense, termination, right of termination, or remedy under
the promissory note, health-care-insurance receivable, or
general intangible.
(d) Limitation on ineffectiveness under subsections
(a) and (c) of this section. To the extent that a term in a
promissory note or in an agreement between an account
debtor and a debtor which relates to a health-care-insurance
receivable or general intangible or a rule of law, statute, or
regulation described in subsection (c) of this section would
be effective under law other than this Article but is ineffective under subsection (a) or (c) of this section, the creation,
attachment, or perfection of a security interest in the promissory note, health-care-insurance receivable, or general intangible:
(1) Is not enforceable against the person obligated on the
promissory note or the account debtor;
(2) Does not impose a duty or obligation on the person
obligated on the promissory note or the account debtor;
(3) Does not require the person obligated on the promissory note or the account debtor to recognize the security
interest, pay or render performance to the secured party, or
accept payment or performance from the secured party;
(2006 Ed.)
62A.9A-409
(4) Does not entitle the secured party to use or assign the
debtor’s rights under the promissory note, health-care-insurance receivable, or general intangible, including any related
information or materials furnished to the debtor in the transaction giving rise to the promissory note, health-care-insurance receivable, or general intangible;
(5) Does not entitle the secured party to use, assign, possess, or have access to any trade secrets or confidential information of the person obligated on the promissory note or the
account debtor; and
(6) Does not entitle the secured party to enforce the security interest in the promissory note, health-care-insurance
receivable, or general intangible.
(e)(1) Inapplicability of subsections (a) and (c) of this
section to certain payment intangibles. After July 1, 2003,
subsections (a) and (c) of this section do not apply to the
assignment or transfer of or creation of a security interest in:
(A) A claim or right to receive compensation for injuries
or sickness as described in 26 U.S.C. Sec. 104(a)(1) or (2); or
(B) A claim or right to receive benefits under a special
needs trust as described in 42 U.S.C. Sec. 1396p(d)(4).
(2) This subsection will not affect a transfer of structured
settlement payment rights under chapter 19.205 RCW. [2003
c 87 § 2; 2000 c 250 § 9A-408.]
Effective date—2003 c 87: See note following RCW 62A.9A-406.
62A.9A-409
62A.9A-409 Restrictions on assignment of letter-ofcredit rights ineffective. (a) Term or law restricting
assignment generally ineffective. A term in a letter of credit
or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit which prohibits, restricts, or
requires the consent of an applicant, issuer, or nominated person to a beneficiary’s assignment of or creation of a security
interest in a letter-of-credit right is ineffective to the extent
that the term or rule of law, statute, regulation, custom, or
practice:
(1) Would impair the creation, attachment, or perfection
of a security interest in the letter-of-credit right; or
(2) Provides that the assignment or the creation, attachment, or perfection of the security interest may give rise to a
default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter-of-credit
right.
(b) Limitation on ineffectiveness under subsection (a)
of this section. To the extent that a term in a letter of credit
is ineffective under subsection (a) of this section but would
be effective under law other than this Article or a custom or
practice applicable to the letter of credit, to the transfer of a
right to draw or otherwise demand performance under the letter of credit, or to the assignment of a right to proceeds of the
letter of credit, the creation, attachment, or perfection of a
security interest in the letter-of-credit right:
(1) Is not enforceable against the applicant, issuer, nominated person, or transferee beneficiary;
(2) Imposes no duties or obligations on the applicant,
issuer, nominated person, or transferee beneficiary; and
(3) Does not require the applicant, issuer, nominated person, or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept
[Title 62A RCW—page 143]
62A.9A-501
Title 62A RCW: Uniform Commercial Code
payment or other performance from the secured party. [2000
c 250 § 9A-409.]
PART 5
FILING
62A.9A-501
62A.9A-501 Filing office. (a) Filing offices. Except as
otherwise provided in subsection (b) of this section, if the
local law of this state governs perfection of a security interest
or agricultural lien, the office in which to file a financing
statement to perfect the security interest or agricultural lien
is:
(1) The office designated for the filing or recording of a
record of a mortgage on the related real property, if:
(A) The collateral is as-extracted collateral or timber to
be cut; or
(B) The financing statement is filed as a fixture filing
and the collateral is goods that are or are to become fixtures;
or
(2) The department of licensing, in all other cases,
including a case in which the collateral is goods that are or are
to become fixtures and the financing statement is not filed as
a fixture filing.
(b) Filing office for transmitting utilities. The office in
which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is
the department of licensing. The financing statement also
constitutes a fixture filing as to the collateral indicated in the
financing statement which is or is to become fixtures. [2000
c 250 § 9A-501.]
62A.9A-502
62A.9A-502 Contents of financing statement; record
of mortgage as financing statement; time of filing financing statement. (a) Sufficiency of financing statement.
Subject to subsection (b) of this section, a financing statement is sufficient only if it:
(1) Provides the name of the debtor;
(2) Provides the name of the secured party or a representative of the secured party; and
(3) Indicates the collateral covered by the financing
statement.
(b) Real-property-related financing statements.
Except as otherwise provided in RCW 62A.9A-501(b), to be
sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or which is filed as a fixture filing
and covers goods that are or are to become fixtures, must satisfy subsection (a) of this section and also:
(1) Indicate that it covers this type of collateral;
(2) Indicate that it is to be filed for record in the real
property records;
(3) Provide a description of the real property to which
the collateral is related sufficient to give constructive notice
of a mortgage under the law of this state if the description
were contained in a record of the mortgage of the real property; and
(4) If the debtor does not have an interest of record in the
real property, provide the name of a record owner.
(c) Record of mortgage as financing statement. A
record of a mortgage is effective, from the date of recording,
as a financing statement filed as a fixture filing or as a financ[Title 62A RCW—page 144]
ing statement covering as-extracted collateral or timber to be
cut only if:
(1) The record indicates the goods or accounts that it
covers;
(2) The goods are or are to become fixtures related to the
real property described in the record or the collateral is
related to the real property described in the record and is asextracted collateral or timber to be cut;
(3) The record satisfies the requirements for a financing
statement in this section other than an indication that it is to
be filed in the real property records; and
(4) The record is recorded.
(d) Filing before security agreement or attachment.
A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. [2000
c 250 § 9A-502.]
62A.9A-503
62A.9A-503 Name of debtor and secured party. (a)
Sufficiency of debtor’s name. A financing statement sufficiently provides the name of the debtor:
(1) If the debtor is a registered organization, only if the
financing statement provides the name of the debtor indicated
on the public record of the debtor’s jurisdiction of organization which shows the debtor to have been organized;
(2) If the debtor is a decedent’s estate, only if the financing statement provides the name of the decedent and indicates that the debtor is an estate;
(3) If the debtor is a trust or a trustee acting with respect
to property held in trust, only if the financing statement:
(A) Provides the name specified for the trust in its
organic documents or, if no name is specified, provides the
name of the settlor and additional information sufficient to
distinguish the debtor from other trusts having one or more of
the same settlors; and
(B) Indicates, in the debtor’s name or otherwise, that the
debtor is a trust or is a trustee acting with respect to property
held in trust; and
(4) In other cases:
(A) If the debtor has a name, only if it provides the individual or organizational name of the debtor; and
(B) If the debtor does not have a name, only if it provides
the names of the partners, members, associates, or other persons comprising the debtor.
(b) Additional debtor-related information. A financing statement that provides the name of the debtor in accordance with subsection (a) of this section is not rendered ineffective by the absence of:
(1) A trade name or other name of the debtor; or
(2) Unless required under subsection (a)(4)(B) of this
section, names of partners, members, associates, or other persons comprising the debtor.
(c) Debtor’s trade name insufficient. A financing
statement that provides only the debtor’s trade name does not
sufficiently provide the name of the debtor.
(d) Representative capacity. Failure to indicate the
representative capacity of a secured party or representative of
a secured party does not affect the sufficiency of a financing
statement.
(e) Multiple debtors and secured parties. A financing
statement may provide the name of more than one debtor and
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
the name of more than one secured party. [2000 c 250 § 9A503.]
62A.9A-504
62A.9A-504 Indication of collateral. A financing
statement sufficiently indicates the collateral that it covers if
the financing statement provides:
(1) A description of the collateral pursuant to RCW
62A.9A-108; or
(2) An indication that the financing statement covers all
assets or all personal property. [2000 c 250 § 9A-504.]
62A.9A-505
62A.9A-505 Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions. (a) Use of terms other than
"debtor" and "secured party." A consignor, lessor, or
other bailor of goods, a licensor, or a buyer of a payment
intangible or promissory note may file a financing statement,
or may comply with a statute or treaty described in RCW
62A.9A-311(a), using the terms "consignor," "consignee,"
"lessor," "lessee," "bailor," "bailee," "licensor," "licensee,"
"owner," "registered owner," "buyer," "seller," or words of
similar import, instead of the terms "secured party" and
"debtor."
(b) Effect of financing statement under subsection (a)
of this section. This part applies to the filing of a financing
statement under subsection (a) of this section and, as appropriate, to compliance that is equivalent to filing a financing
statement under RCW 62A.9A-311(b), but the filing or compliance is not of itself a factor in determining whether the collateral secures an obligation. If it is determined for another
reason that the collateral secures an obligation, a security
interest held by the consignor, lessor, bailor, licensor, owner,
or buyer which attaches to the collateral is perfected by the
filing or compliance. [2000 c 250 § 9A-505.]
62A.9A-506
62A.9A-506 Effect of errors or omissions. (a) Minor
errors and omissions. A financing statement substantially
satisfying the requirements of this part is effective, even if it
has minor errors or omissions, unless the errors or omissions
make the financing statement seriously misleading.
(b) Financing statement seriously misleading. Except
as otherwise provided in subsection (c) of this section, a
financing statement that fails sufficiently to provide the name
of the debtor in accordance with RCW 62A.9A-503(a) is seriously misleading.
(c) Financing statement not seriously misleading. If a
search of the records of the filing office under the debtor’s
correct name, using the filing office’s standard search logic,
if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with
RCW 62A.9A-503(a), the name provided does not make the
financing statement seriously misleading.
(d) "Debtor’s correct name." For purposes of RCW
62A.9A-508(b), the "debtor’s correct name" in subsection (c)
of this section means the correct name of the new debtor.
[2000 c 250 § 9A-506.]
62A.9A-507
62A.9A-507 Effect of certain events on effectiveness
of financing statement. (a) Disposition. A filed financing
statement remains effective with respect to collateral that is
(2006 Ed.)
62A.9A-509
sold, exchanged, leased, licensed, or otherwise disposed of
and in which a security interest or agricultural lien continues,
even if the secured party knows of or consents to the disposition.
(b) Information becoming seriously misleading.
Except as otherwise provided in subsection (c) of this section
and RCW 62A.9A-508, a financing statement is not rendered
ineffective if, after the financing statement is filed, the information provided in the financing statement becomes seriously misleading under RCW 62A.9A-506.
(c) Change in debtor’s name. If a debtor so changes its
name that a filed financing statement becomes seriously misleading under RCW 62A.9A-506:
(1) The financing statement is effective to perfect a security interest in collateral acquired by the debtor before, or
within four months after, the change; and
(2) The financing statement is not effective to perfect a
security interest in collateral acquired by the debtor more
than four months after the change, unless an amendment to
the financing statement which renders the financing statement not seriously misleading is filed within four months
after the change. [2000 c 250 § 9A-507.]
62A.9A-508
62A.9A-508 Effectiveness of financing statement if
new debtor becomes bound by security agreement. (a)
Financing statement naming original debtor. Except as
otherwise provided in this section, a filed financing statement
naming an original debtor is effective to perfect a security
interest in collateral in which a new debtor has or acquires
rights to the extent that the financing statement would have
been effective had the original debtor acquired rights in the
collateral.
(b) Financing statement becoming seriously misleading. If the difference between the name of the original debtor
and that of the new debtor causes a filed financing statement
that is effective under subsection (a) of this section to be seriously misleading under RCW 62A.9A-506:
(1) The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before,
and within four months after, the new debtor becomes bound
under RCW 62A.9A-203(d); and
(2) The financing statement is not effective to perfect a
security interest in collateral acquired by the new debtor
more than four months after the new debtor becomes bound
under RCW 62A.9A-203(d) unless an initial financing statement providing the name of the new debtor is filed before the
expiration of that time.
(c) When section not applicable. This section does not
apply to collateral as to which a filed financing statement
remains effective against the new debtor under RCW
62A.9A-507(a). [2000 c 250 § 9A-508.]
62A.9A-509
62A.9A-509 Persons entitled to file a record. (a) Person entitled to file record. A person may file an initial
financing statement, amendment that adds collateral covered
by a financing statement, or amendment that adds a debtor to
a financing statement only if:
(1) The debtor authorizes the filing in an authenticated
record or pursuant to subsection (b) or (c) of this section; or
[Title 62A RCW—page 145]
62A.9A-510
Title 62A RCW: Uniform Commercial Code
(2) The person holds an agricultural lien that has become
effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural
lien.
(b) Security agreement as authorization. By authenticating or becoming bound as debtor by a security agreement,
a debtor or new debtor authorizes the filing of an initial
financing statement, and an amendment, covering:
(1) The collateral described in the security agreement;
and
(2) Property that becomes collateral under RCW
62A.9A-315(a)(2), whether or not the security agreement
expressly covers proceeds.
(c) Acquisition of collateral as authorization. By
acquiring collateral in which a security interest or agricultural
lien continues under RCW 62A.9A-315(a)(1), a debtor
authorizes the filing of an initial financing statement, and an
amendment, covering the collateral and property that
becomes collateral under RCW 62A.9A-315(a)(2).
(d) Person entitled to file certain amendments. A person may file an amendment other than an amendment that
adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:
(1) The secured party of record authorizes the filing; or
(2) The amendment is a termination statement for a
financing statement as to which the secured party of record
has failed to file or send a termination statement as required
by RCW 62A.9A-513 (a) or (c), the debtor authorizes the filing, and the termination statement indicates that the debtor
authorized it to be filed.
(e) Multiple secured parties of record. If there is more
than one secured party of record for a financing statement,
each secured party of record may authorize the filing of an
amendment under subsection (d) of this section. [2001 c 32 §
36; 2000 c 250 § 9A-509.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-510
62A.9A-510 Effectiveness of filed record. (a) Filed
record effective if authorized. A filed record is effective
only to the extent that it was filed by a person that may file it
under RCW 62A.9A-509.
(b) Authorization by one secured party of record. A
record authorized by one secured party of record does not
affect the financing statement with respect to another secured
party of record.
(c) Continuation statement not timely filed. A continuation statement that is not filed within the six-month period
prescribed by RCW 62A.9A-515(d) is ineffective. [2000 c
250 § 9A-510.]
62A.9A-511
62A.9A-511 Secured party of record. (a) Secured
party of record. A secured party of record with respect to a
financing statement is a person whose name is provided as
the name of the secured party or a representative of the
secured party in an initial financing statement that has been
filed. If an initial financing statement is filed under RCW
62A.9A-514(a), the assignee named in the initial financing
statement is the secured party of record with respect to the
financing statement.
[Title 62A RCW—page 146]
(b) Amendment naming secured party of record. If
an amendment of a financing statement which provides the
name of a person as a secured party or a representative of a
secured party is filed, the person named in the amendment is
a secured party of record. If an amendment is filed under
RCW 62A.9A-514(b), the assignee named in the amendment
is a secured party of record.
(c) Amendment deleting secured party of record. A
person remains a secured party of record until the filing of an
amendment of the financing statement which deletes the person. [2000 c 250 § 9A-511.]
62A.9A-512
62A.9A-512 Amendment of financing statement. (a)
Amendment of information in financing statement. Subject to RCW 62A.9A-509, a person may add or delete collateral covered by, continue or terminate the effectiveness of,
or, subject to subsection (e) of this section, otherwise amend
the information provided in, a financing statement by filing
an amendment that:
(1) Identifies, by its file number, the initial financing
statement to which the amendment relates; and
(2) If the amendment relates to an initial financing statement filed or recorded in a filing office described in RCW
62A.9A-501(a)(1), provides the information specified in
RCW 62A.9A-502(b).
(b) Period of effectiveness not affected. Except as otherwise provided in RCW 62A.9A-515, the filing of an
amendment does not extend the period of effectiveness of the
financing statement.
(c) Effectiveness of amendment adding collateral. A
financing statement that is amended by an amendment that
adds collateral is effective as to the added collateral only
from the date of the filing of the amendment.
(d) Effectiveness of amendment adding debtor. A
financing statement that is amended by an amendment that
adds a debtor is effective as to the added debtor only from the
date of the filing of the amendment.
(e) Certain amendments ineffective. An amendment is
ineffective to the extent it:
(1) Purports to delete all debtors and fails to provide the
name of a debtor to be covered by the financing statement; or
(2) Purports to delete all secured parties of record and
fails to provide the name of a new secured party of record.
[2000 c 250 § 9A-512.]
62A.9A-513
62A.9A-513 Termination statement. (a) Consumer
goods. A secured party shall cause the secured party of
record for a financing statement to file a termination statement for the financing statement if the financing statement
covers consumer goods and:
(1) There is no obligation secured by the collateral covered by the financing statement and no commitment to make
an advance, incur an obligation, or otherwise give value; or
(2) The debtor did not authorize the filing of the initial
financing statement.
(b) Time for compliance with subsection (a) of this
section. To comply with subsection (a) of this section, a
secured party shall cause the secured party of record to file
the termination statement:
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
(1) Within one month after there is no obligation secured
by the collateral covered by the financing statement and no
commitment to make an advance, incur an obligation, or otherwise give value; or
(2) If earlier, within twenty days after the secured party
receives an authenticated demand from a debtor.
(c) Other collateral. In cases not governed by subsection (a) of this section, within twenty days after a secured
party receives an authenticated demand from a debtor, the
secured party shall cause the secured party of record for a
financing statement to send to the debtor a termination statement for the financing statement or file the termination statement in the filing office if:
(1) Except in the case of a financing statement covering
accounts or chattel paper that has been sold or goods that are
the subject of a consignment, there is no obligation secured
by the collateral covered by the financing statement and no
commitment to make an advance, incur an obligation, or otherwise give value;
(2) The financing statement covers accounts or chattel
paper that has been sold but as to which the account debtor or
other person obligated has discharged its obligation;
(3) The financing statement covers goods that were the
subject of a consignment to the debtor but are not in the
debtor’s possession; or
(4) The debtor did not authorize the filing of the initial
financing statement.
(d) Effect of filing termination statement. Except as
otherwise provided in RCW 62A.9A-510, upon the filing of a
termination statement with the filing office, the financing
statement to which the termination statement relates ceases to
be effective. Except as otherwise provided in RCW 62A.9A510, for purposes of RCW 62A.9A-519(g), 62A.9A-522(a),
and 62A.9A-523(c), the filing with the filing office of a termination statement relating to a financing statement that indicates that the debtor is a transmitting utility also causes the
effectiveness of the financing statement to lapse. [2001 c 32
§ 37; 2000 c 250 § 9A-513.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-514
62A.9A-514 Assignment of powers of secured party
of record. (a) Assignment reflected on initial financing
statement. Except as otherwise provided in subsection (c) of
this section, an initial financing statement may reflect an
assignment of all of the secured party’s power to authorize an
amendment to the financing statement by providing the name
and mailing address of the assignee as the name and address
of the secured party.
(b) Assignment of filed financing statement. Except as
otherwise provided in subsection (c) of this section, a secured
party of record may assign of record all or part of its power to
authorize an amendment to a financing statement by filing in
the filing office an amendment of the financing statement
which:
(1) Identifies, by its file number, the initial financing
statement to which it relates;
(2) Provides the name of the assignor; and
(3) Provides the name and mailing address of the
assignee.
(2006 Ed.)
62A.9A-516
(c) Assignment of record of mortgage. An assignment
of record of a security interest in a fixture covered by a record
of a mortgage which is effective as a financing statement
filed as a fixture filing under RCW 62A.9A-502(c) may be
made only by an assignment of record of the mortgage in the
manner provided by law of this state other than the Uniform
Commercial Code. [2000 c 250 § 9A-514.]
62A.9A-515
62A.9A-515 Duration and effectiveness of financing
statement; effect of lapsed financing statement. (a) Fiveyear effectiveness. Except as otherwise provided in subsections (b), (e), (f), and (g) of this section, a filed financing
statement is effective for a period of five years after the date
of filing.
(b) [Reserved]
(c) Lapse and continuation of financing statement.
The effectiveness of a filed financing statement lapses on the
expiration of the period of its effectiveness unless before the
lapse a continuation statement is filed pursuant to subsection
(d) of this section. Upon lapse, a financing statement ceases
to be effective and any security interest or agricultural lien
that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If
the security interest or agricultural lien becomes unperfected
upon lapse, it is deemed never to have been perfected as
against a purchaser of the collateral for value.
(d) When continuation statement may be filed. A continuation statement may be filed only within six months
before the expiration of the five-year period specified in subsection (a) of this section or the thirty-year period specified in
subsection (b) of this section, whichever is applicable.
(e) Effect of filing continuation statement. Except as
otherwise provided in RCW 62A.9A-510, upon timely filing
of a continuation statement, the effectiveness of the initial
financing statement continues for a period of five years commencing on the day on which the financing statement would
have become ineffective in the absence of the filing. Upon
the expiration of the five-year period, the financing statement
lapses in the same manner as provided in subsection (c) of
this section, unless, before the lapse, another continuation
statement is filed pursuant to subsection (d) of this section.
Succeeding continuation statements may be filed in the same
manner to continue the effectiveness of the initial financing
statement.
(f) Transmitting utility financing statement. If a
debtor is a transmitting utility and a filed financing statement
so indicates, the financing statement is effective until a termination statement is filed.
(g) Record of mortgage as financing statement. A
record of a mortgage that is effective as a financing statement
filed as a fixture filing under RCW 62A.9A-502(c) remains
effective as a financing statement filed as a fixture filing until
the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property. [2000 c 250
§ 9A-515.]
62A.9A-516
62A.9A-516 What constitutes filing; effectiveness of
filing. (a) What constitutes filing. Except as otherwise provided in subsection (b) of this section, communication of a
[Title 62A RCW—page 147]
62A.9A-517
Title 62A RCW: Uniform Commercial Code
record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.
(b) Refusal to accept record; filing does not occur.
Filing does not occur with respect to a record that a filing
office refuses to accept because:
(1) The record is not communicated by a method or
medium of communication authorized by the filing office;
(2) An amount equal to or greater than the applicable filing fee is not tendered or, in the case of a filing office
described in RCW 62A.9A-501(a)(1), an amount equal to the
applicable filing fee is not tendered;
(3) The filing office is unable to index the record
because:
(A) In the case of an initial financing statement, the
record does not provide a name for the debtor;
(B) In the case of an amendment or correction statement,
the record:
(i) Does not identify the initial financing statement as
required by RCW 62A.9A-512 or 62A.9A-518, as applicable; or
(ii) Identifies an initial financing statement whose effectiveness has lapsed under RCW 62A.9A-515;
(C) In the case of an initial financing statement that provides the name of a debtor identified as an individual or an
amendment that provides a name of a debtor identified as an
individual which was not previously provided in the financing statement to which the record relates, the record does not
identify the debtor’s last name; or
(D) In the case of a record filed or recorded in the filing
office described in RCW 62A.9A-501(a)(1), the record does
not provide a name for the debtor or a sufficient description
of the real property to which the record relates;
(4) In the case of an initial financing statement or an
amendment that adds a secured party of record, the record
does not provide a name and mailing address for the secured
party of record;
(5) In the case of an initial financing statement or an
amendment that provides a name of a debtor which was not
previously provided in the financing statement to which the
amendment relates, the record does not:
(A) Provide a mailing address for the debtor;
(B) Indicate whether the debtor is an individual or an
organization; or
(C) If the financing statement indicates that the debtor is
an organization, provide:
(i) A type of organization for the debtor;
(ii) A jurisdiction of organization for the debtor; or
(iii) An organizational identification number for the
debtor or indicate that the debtor has none;
(6) In the case of an assignment reflected in an initial
financing statement under RCW 62A.9A-514(a) or an
amendment filed under RCW 62A.9A-514(b), the record
does not provide a name and mailing address for the assignee;
or
(7) In the case of a continuation statement, the record is
not filed within the six-month period prescribed by RCW
62A.9A-515(d).
(c) Rules applicable to subsection (b) of this section.
For purposes of subsection (b) of this section:
(1) A record does not provide information if the filing
office is unable to read or decipher the information; and
[Title 62A RCW—page 148]
(2) A record that does not indicate that it is an amendment or identify an initial financing statement to which it
relates, as required by RCW 62A.9A-512, 62A.9A-514, or
62A.9A-518, is an initial financing statement.
(d) Refusal to accept record; record effective as filed
record. A record that is communicated to the filing office
with tender of the filing fee, but which the filing office
refuses to accept for a reason other than one set forth in subsection (b) of this section, is effective as a filed record except
as against a purchaser of the collateral which gives value in
reasonable reliance upon the absence of the record from the
files. [2001 c 32 § 38; 2000 c 250 § 9A-516.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-517
62A.9A-517 Effect of indexing errors. The failure of
the filing office to index a record correctly does not affect the
effectiveness of the filed record. [2000 c 250 § 9A-517.]
62A.9A-518
62A.9A-518 Claim concerning inaccurate or wrongfully filed record. (a) Correction statement. A person may
file in the filing office a correction statement with respect to
a record indexed there under the person’s name if the person
believes that the record is inaccurate or was wrongfully filed.
(b) Sufficiency of correction statement. A correction
statement must:
(1) Identify the record to which it relates by the file number assigned to the initial financing statement to which the
record relates;
(2) Indicate that it is a correction statement; and
(3) Provide the basis for the person’s belief that the
record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person’s belief that the
record was wrongfully filed.
(c) Record not affected by correction statement. The
filing of a correction statement does not affect the effectiveness of an initial financing statement or other filed record.
[2000 c 250 § 9A-518.]
62A.9A-519
62A.9A-519 Numbering, maintaining, and indexing
records; communicating information provided in
records. (a) Filing office duties. For each record filed in a
filing office, the filing office shall:
(1) Assign a unique number to the filed record;
(2) Create a record that bears the number assigned to the
filed record and the date and time of filing;
(3) Maintain the filed record for public inspection; and
(4) Index the filed record in accordance with subsections
(c), (d), and (e) of this section.
(b) File number. A file number assigned after January
1, 2002, must include a digit that:
(1) Is mathematically derived from or related to the other
digits of the file number; and
(2) Aids the filing office in determining whether a number communicated as the file number includes a single-digit
or transpositional error.
(c) Indexing: General. Except as otherwise provided in
subsections (d) and (e) of this section, the filing office shall:
(1) Index an initial financing statement according to the
name of the debtor and index all filed records relating to the
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
initial financing statement in a manner that associates with
one another an initial financing statement and all filed
records relating to the initial financing statement; and
(2) Index a record that provides a name of a debtor which
was not previously provided in the financing statement to
which the record relates also according to the name that was
not previously provided.
(d) Indexing: Real-property-related financing statement. If a financing statement is filed as a fixture filing or
covers as-extracted collateral or timber to be cut, it must be
filed for record and the filing office shall index it:
(1) Under the names of the debtor and of each owner of
record shown on the financing statement as if they were the
mortgagors under a mortgage of the real property described;
and
(2) To the extent that the law of this state provides for
indexing of records of mortgages under the name of the mortgagee, under the name of the secured party as if the secured
party were the mortgagee thereunder, or, if indexing is by
description, as if the financing statement were a record of a
mortgage of the real property described.
(e) Indexing: Real-property-related assignment. If a
financing statement is filed as a fixture filing or covers asextracted collateral or timber to be cut, the filing office shall
index an assignment filed under RCW 62A.9A-514(a) or an
amendment filed under RCW 62A.9A-514(b):
(1) Under the name of the assignor as grantor; and
(2) To the extent that the law of this state provides for
indexing a record of the assignment of a mortgage under the
name of the assignee, under the name of the assignee.
(f) Retrieval and association capability. The filing
office shall maintain a capability:
(1) To retrieve a record by the name of the debtor and by
the file number assigned to the initial financing statement to
which the record relates; and
(2) To associate and retrieve with one another an initial
financing statement and each filed record relating to the initial financing statement.
(g) Removal of debtor’s name. The filing office may
not remove a debtor’s name from the index until one year
after the effectiveness of a financing statement naming the
debtor lapses under RCW 62A.9A-515 with respect to all
secured parties of record.
(h) Timeliness of filing office performance. The filing
office shall perform the acts required by subsections (a)
through (e) of this section at the time and in the manner pre-
62A.9A-521
scribed by filing-office rule, but not later than two business
days after the filing office receives the record in question.
(i) Inapplicability to real-property-related filing
office. Subsections (b) and (h) of this section do not apply to
a filing office described in RCW 62A.9A-501(a)(1). [2000 c
250 § 9A-519.]
62A.9A-520 Acceptance and refusal to accept record.
(a) Mandatory refusal to accept record. The filing office
described in RCW 62A.9A-501(a)(2) shall refuse to accept a
record for filing for a reason set forth in RCW
62A.9A-516(b). A filing office described in RCW 62A.9A501(a)(1) shall refuse to accept a record for filing for a reason
set forth in RCW 62A.9A-516(b) (1) through (4) and any filing office may refuse to accept a record for filing only for a
reason set forth in RCW 62A.9A-516(b).
(b) Communication concerning refusal. If a filing
office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would
have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule but, in the case of a filing office
described in RCW 62A.9A-501(a)(2), in no event more than
two business days after the filing office receives the record.
(c) When filed financing statement effective. A filed
financing statement satisfying RCW 62A.9A-502 (a) and (b)
is effective, even if the filing office is required to refuse to
accept it for filing under subsection (a) of this section. However, RCW 62A.9A-338 applies to a filed financing statement providing information described in RCW
62A.9A-516(b)(5) which is incorrect at the time the financing
statement is filed.
(d) Separate application to multiple debtors. If a
record communicated to a filing office provides information
that relates to more than one debtor, this part applies as to
each debtor separately. [2001 c 32 § 39; 2000 c 250 § 9A520.]
62A.9A-520
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-521 Uniform form of written financing statement and amendment. (a) Initial financing statement
form. A filing office that accepts written records may not
refuse to accept a written initial financing statement in the
following form and format except for a reason set forth in
RCW 62A.9A-516(b):
62A.9A-521
UCC FINANCING STATEMENT
FOLLOW INSTRUCTIONS (front and back) CAREFULLY
A.
NAME & PHONE OF CONTACT AT FILER [optional]
B.
SEND ACKNOWLEDGMENT TO: (Name and Address)
1.
DEBTOR’S EXACT FULL LEGAL NAME - insert only one debtor name (1a or 1b) - do not abbreviate or combine names
1a.
ORGANIZATION’S NAME
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
OR
(2006 Ed.)
[Title 62A RCW—page 149]
62A.9A-521
1b.
1c.
Title 62A RCW: Uniform Commercial Code
INDIVIDUAL’S LAST NAME
MAILING ADDRESS
1d. TAX ID #:
SSN OR EIN
2.
FIRST NAME
CITY
ADD’L INFO RE
ORGANIZATION
DEBTOR
MIDDLE NAME
STATE
1e. TYPE OF
ORGANIZATION
SUFFIX
POSTAL CODE
1f. JURISDICTION OF
ORGANIZATION
COUNTRY
1g. ORGANIZATIONAL
ID #, If any
â NONE
ADDITIONAL DEBTOR’S EXACT FULL LEGAL NAME - insert only one debtor name (2a or 2b) - do not abbreviate or combine names
2a.
ORGANIZATION’S NAME
2b.
INDIVIDUAL’S LAST NAME
OR
2c.
MAILING ADDRESS
2d. TAX ID #:
SSN OR EIN
3.
FIRST NAME
CITY
ADD’L INFO RE
ORGANIZATION
DEBTOR
MIDDLE NAME
STATE
2e. TYPE OF
ORGANIZATION
SUFFIX
POSTAL CODE
2f. JURISDICTION OF
ORGANIZATION
COUNTRY
2g. ORGANIZATIONAL
ID #, If any
â NONE
SECURED PARTY’S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR S/P) - insert only one secured party name (3a or 3b)
3a.
ORGANIZATION’S NAME
3b.
INDIVIDUAL’S LAST NAME
OR
FIRST NAME
MAILING ADDRESS
4.
CITY
SUFFIX
STATE
3c.
MIDDLE NAME
POSTAL CODE
COUNTRY
â LESSEE/LESSOR
â AG. LIEN
â CONSIGNEE/CONSIGNOR
â NON-UCC FILING
This FINANCING STATEMENT covers the following collateral:
5.
ALTERNATIVE DESIGNATION [if applicable]:
â BAILEE/BAILOR
â SELLER/BUYER
6.
â This FINANCING STATEMENT is to be filed [for record] (or recorded) in the REAL ESTATE RECORDS. Attach Addendum [if applicable]
7.
Check to REQUEST SEARCH REPORT(S) on Debtor(s)
â All Debtors
â Debtor 1
â Debtor 2
[Additional Fee] [optional]
8.
OPTIONAL FILER REFERENCE DATA
NATIONAL UCC FINANCING STATEMENT (FORM UCC1) (REV. 07/29/98)
UCC FINANCING STATEMENT ADDENDUM
FOLLOW INSTRUCTIONS (front and back) CAREFULLY
9.
NAME OF FIRST DEBTOR (1a or 1b) ON RELATED FINANCING STATEMENT
9a.
ORGANIZATION’S NAME
9b.
INDIVIDUAL’S LAST NAME
OR
10.
FIRST NAME
MIDDLE NAME
SUFFIX
MISCELLANEOUS:
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
11.
ADDITIONAL DEBTOR’S EXACT FULL LEGAL NAME - insert only one name (11a or 11b) - do not abbreviate or combine names
11a.
ORGANIZATION’S NAME
11b.
INDIVIDUAL’S LAST NAME
OR
11c.
MAILING ADDRESS
11d. TAX ID #:
SSN OR EIN
12.
FIRST NAME
ADD’L INFO RE
ORGANIZATION
DEBTOR
MIDDLE NAME
SUFFIX
STATE
CITY
POSTAL CODE
COUNTRY
11e. TYPE OF
ORGANIZATION
11f. JURISDICTION OF
ORGANIZATION
11g. ORGANIZATIONAL
ID #, If any
â NONE
â ADDITIONAL SECURED PARTY’S or â ASSIGNOR S/P’S NAME - insert only one name (12a or 12b)
12a.
ORGANIZATION’S NAME
12b.
INDIVIDUAL’S LAST NAME
OR
FIRST NAME
12c.
MAILING ADDRESS
13.
This FINANCING STATEMENT covers â timber to be cut or
â as-extracted collateral, or is filed as a â fixture filing.
[Title 62A RCW—page 150]
CITY
MIDDLE NAME
SUFFIX
STATE
POSTAL CODE
COUNTRY
16. Additional collateral description:
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
14.
Description of real estate:
15.
62A.9A-521
Name and address of a RECORD OWNER of above-described real estate
(if Debtor does not have a record interest):
17. Check only if applicable and check only one box.
Debtor is a â Trust or â Trustee acting with respect
to property held in trust or â Decedent’s Estate
18. Check only if applicable and check only one box.
â Debtor is a TRANSMITTING UTILITY
â Filed in connection with a Manufactured-Home
Transaction - effective 30 years
â Filed in connection with a Public-Finance
Transaction - effective 30 years
NATIONAL UCC FINANCING STATEMENT ADDENDUM (FORM UCC1Ad) (REV. 07/29/98)
(b) Amendment form. A filing office that accepts written records may not refuse to accept a written record in the
following form and format except for a reason set forth in
RCW 62A.9A-516(b):
UCC FINANCING STATEMENT AMENDMENT
FOLLOW INSTRUCTIONS (front and back) CAREFULLY
A.
NAME & PHONE OF CONTACT AT FILER [optional]
B.
SEND ACKNOWLEDGMENT TO: (Name and Address)
1a.
INITIAL FINANCING STATEMENT FILE #
2.
â TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to security interest(s) of the Secured Party authorizing this Termination Statement.
3.
â CONTINUATION: Effectiveness of the Financing Statement identified above with respect to security interest(s) of the Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law.
4.
â ASSIGNMENT (full or partial): Give name of assignee in item 7a or 7b and address of assignee in item 7c; and also give name of assignor in item 9.
5.
AMENDMENT (PARTY INFORMATION): This Amendment affects â Debtor or â Secured Party of record. Check only one of these two boxes.
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
1b. This FINANCING STATEMENT AMENDMENT is
to be filed [for record] (or recorded) in the
â REAL ESTATE RECORDS.
Also check one of the following three boxes and provide appropriate information in items 6 and/or 7.
â CHANGE name and/or address: Give current record name in
item 6a or 6b; also give new name (if name changed) in item 7a
or 7b and/or new address (if address change) in item 7c.
6.
â DELETE name: Give record name to be deleted in
item 6a or 6b.
â ADD name: Complete item 7a or 7b, and also item
7c; also complete items 7d-7g (if applicable).
CURRENT RECORD INFORMATION:
6a.
ORGANIZATION’S NAME
OR
6b.
7.
INDIVIDUAL’S LAST NAME
FIRST NAME
MIDDLE NAME
SUFFIX
FIRST NAME
MIDDLE NAME
SUFFIX
STATE
POSTAL CODE
COUNTRY
CHANGED (NEW) OR ADDED INFORMATION:
7a.
ORGANIZATION’S NAME
OR
7b.
7c.
7d. TAX ID #:
SSN OR EIN
8.
INDIVIDUAL’S LAST NAME
MAILING ADDRESS
ADD’L INFO RE
ORGANIZATION
DEBTOR
CITY
7e. TYPE OF
ORGANIZATION
7f. JURISDICTION OF
ORGANIZATION
7g. ORGANIZATIONAL
ID #, If any
â NONE
AMENDMENT (COLLATERAL CHANGE): check only one box.
Describe collateral â deleted or â added, or give entire â restated collateral description, or describe collateral â assigned.
(2006 Ed.)
[Title 62A RCW—page 151]
62A.9A-522
9.
Title 62A RCW: Uniform Commercial Code
NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT (name of assignor, if this is an Assignment). If this is an Amendment authorized by
a Debtor which adds collateral or adds the authorizing Debtor, or if this is a Termination authorized by a Debtor, check here â and enter name of DEBTOR authorizing this
Amendment.
9a.
ORGANIZATION’S NAME
9b.
INDIVIDUAL’S LAST NAME
OR
10.
FIRST NAME
MIDDLE NAME
SUFFIX
OPTIONAL FILER REFERENCE DATA
NATIONAL UCC FINANCING STATEMENT AMENDMENT (FORM UCC3) (REV. 07/29/98)
UCC FINANCING STATEMENT AMENDMENT ADDENDUM
FOLLOW INSTRUCTIONS (front and back) CAREFULLY
11.
INITIAL FINANCING STATEMENT FILE #
(same as item 1a on Amendment form)
12.
NAME OF PARTY AUTHORIZING THIS AMENDMENT
(same as item 9 on Amendment form)
12a.
ORGANIZATION’S NAME
12b.
INDIVIDUAL’S LAST NAME
OR
13.
FIRST NAME
MIDDLE NAME
SUFFIX
Use this space for additional information
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
NATIONAL UCC FINANCING STATEMENT AMENDMENT ADDENDUM (FORM UCC3Ad) (REV. 07/29/98)
[2000 c 250 § 9A-521.]
62A.9A-522
62A.9A-522 Maintenance and destruction of records.
(a) Post-lapse maintenance and retrieval of information.
The filing office shall maintain a record of the information
provided in a filed financing statement for at least one year
after the effectiveness of the financing statement has lapsed
under RCW 62A.9A-515 with respect to all secured parties of
record. The record must be retrievable by using the name of
the debtor and by using the file number assigned to the initial
financing statement to which the record relates.
(b) Destruction of written records. Except to the
extent that a statute governing disposition of public records
provides otherwise, the filing office immediately may
destroy any written record evidencing a financing statement.
However, if the filing office destroys a written record, it shall
maintain another record of the financing statement which
complies with subsection (a) of this section. [2000 c 250 §
9A-522.]
62A.9A-523
62A.9A-523 Information from filing office; sale or
license of records. (a) Acknowledgment of filing written
record. If a person that files a written record requests an
acknowledgment of the filing, the filing office shall send to
the person an image of the record showing the number
assigned to the record pursuant to RCW 62A.9A-519(a)(1)
and the date and time of the filing of the record. However, if
the person furnishes a copy of the record to the filing office,
the filing office may instead:
(1) Note upon the copy the number assigned to the
record pursuant to RCW 62A.9A-519(a)(1) and the date and
time of the filing of the record; and
(2) Send the copy to the person.
(b) Acknowledgment of filing other record. If a person files a record other than a written record, the filing office
shall communicate to the person an acknowledgment that
provides:
(1) The information in the record;
[Title 62A RCW—page 152]
(2) The number assigned to the record pursuant to RCW
62A.9A-519(a)(1); and
(3) The date and time of the filing of the record.
(c) Communication of requested information. The filing office shall communicate or otherwise make available in
a record the following information to any person that requests
it:
(1) Whether there is on file on a date and time specified
by the filing office, but not a date earlier than three business
days before the filing office receives the request, any financing statement that:
(A) Designates a particular debtor or, if the request so
states, designates a particular debtor at the address specified
in the request;
(B) Has not lapsed under RCW 62A.9A-515 with respect
to all secured parties of record; and
(C) If the request so states, has lapsed under RCW
62A.9A-515 and a record of which is maintained by the filing
office under RCW 62A.9A-522(a);
(2) The date and time of filing of each financing statement; and
(3) The information provided in each financing statement.
(d) Medium for communicating information. In complying with its duty under subsection (c) of this section, the
filing office may communicate information in any medium.
However, if requested, the filing office shall communicate
information by issuing a record that can be admitted into evidence in the courts of this state without extrinsic evidence of
its authenticity.
(e) Timeliness of filing office performance. The filing
office described in RCW 62A.9A-501(a)(2) shall perform the
acts required by subsections (a) through (d) of this section at
the time and in the manner prescribed by filing-office rule,
but not later than two business days after the filing office
receives the request.
(f) Public availability of records. At least weekly, the
filing office described in RCW 62A.9A-501(a)(2) shall offer
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
to sell or license to the public on a nonexclusive basis, in
bulk, copies of all records filed in it under this part, in every
medium from time to time available to the filing office. If
information provided pursuant to this section includes a list
of individuals, disclosure of the list is specifically authorized.
[2001 c 32 § 40; 2000 c 250 § 9A-523.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-524
62A.9A-524 Delay by filing office. Delay by the filing
office beyond a time limit prescribed by this part is excused
if:
(1) The delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of
the filing office; and
(2) The filing office exercises reasonable diligence under
the circumstances. [2000 c 250 § 9A-524.]
62A.9A-525
62A.9A-525 Fees. (a) Filing with department of
licensing. Except as otherwise provided in subsection (b) or
(e) of this section, the fee for filing and indexing a record
under this part is the fee set by department of licensing rule
pursuant to subsection (f) of this section. Without limitation,
different fees may be charged for:
(1) A record that is communicated in writing and consists of one or two pages;
(2) A record that is communicated in writing and consists of more than two pages, which fee may be a multiple of
the fee described in (1) of this subsection; and
(3) A record that is communicated by another medium
authorized by department of licensing rule, which fee may be
a fraction of the fee described in (1) of this subsection.
(b) Filing with other filing offices. Except as otherwise
provided in subsection (e) of this section, the fee for filing
and indexing a record under this part that is filed in a filing
office described in RCW 62A.9A-501(a)(1) is the fee that
would otherwise be applicable to the recording of a mortgage
in that filing office, as set forth in RCW 36.18.010.
(c) Number of names. The number of names required
to be indexed does not affect the amount of the fee in subsections (a) and (b) of this section.
(d) Response to information request. The fee for
responding to a request for information from a filing office,
including for issuing a certificate showing, or otherwise communicating, whether there is on file any financing statement
naming a particular debtor, is the fee set by department of
licensing rule pursuant to subsection (f) of this section; provided however, if the request is to a filing office described in
RCW 62A.9A-501(a)(1) and that office charges a different
fee, then that different fee shall apply instead. Without limitation, different fees may be charged:
(1) If the request is communicated in writing;
(2) If the request is communicated by another medium
authorized by filing-office rule; and
(3) If the request is for expedited service.
(e) Record of mortgage. This section does not require a
fee with respect to a record of a mortgage which is effective
as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be
cut under RCW 62A.9A-502(c). However, the recording and
(2006 Ed.)
62A.9A-601
satisfaction fees that otherwise would be applicable to the
record of the mortgage apply.
(f) Filing office rules. The department of licensing shall
by rule set the fees called for in this section for filing with,
and obtaining information from, the department of licensing.
The director shall set fees at a sufficient level to defray the
costs of administering the program. All receipts from fees
collected under this title, except fees for services covered
under RCW 62A.9A-501(a)(1), shall be deposited to the uniform commercial code fund in the state treasury. Moneys in
the fund may be spent only after appropriation and may be
used only to administer the uniform commercial code program.
(g) Transition. This section continues the fee-setting
authority conferred on the department of licensing by former
*RCW 62A.9-409 and nothing herein shall invalidate fees set
by the department of licensing under the authority of former
*RCW 62A.9-409. [2000 c 250 § 9A-525.]
*Reviser’s note: RCW 62A.9-409 was repealed by 2000 c 250 § 9A901, effective July 1, 2001.
62A.9A-526
62A.9A-526 Filing-office rules. (a) Adoption of filing-office rules. The department of licensing shall adopt and
publish rules to implement this Article. The filing-office rules
must be:
(1) Consistent with this Article; and
(2) Adopted and published in accordance with chapter
34.05 RCW.
(b) Harmonization of rules. To keep the filing-office
rules and practices of the filing office in harmony with the
rules and practices of filing offices in other jurisdictions that
enact substantially this part, and to keep the technology used
by the filing office compatible with the technology used by
filing offices in other jurisdictions that enact substantially
this part, the department of licensing, so far as is consistent
with the purposes, policies, and provisions of this Article, in
adopting, amending, and repealing filing-office rules, shall:
(1) Consult with filing offices in other jurisdictions that
enact substantially this part; and
(2) Consult the most recent version of the Model Rules
promulgated by the International Association of Corporate
Administrators or any successor organization; and
(3) Take into consideration the rules and practices of,
and the technology used by, filing offices in other jurisdictions that enact substantially this part. [2000 c 250 § 9A526.]
62A.9A-527
62A.9A-527 Duty to report. The department of licensing shall report annually on or before December 31st to the
governor on the operation of the filing office. [2000 c 250 §
9A-527.]
PART 6
DEFAULT
62A.9A-601
62A.9A-601 Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes. (a) Rights of
secured party after default. After default, a secured party
has the rights provided in this part and, except as otherwise
[Title 62A RCW—page 153]
62A.9A-602
Title 62A RCW: Uniform Commercial Code
provided in RCW 62A.9A-602, those provided by agreement
of the parties. A secured party:
(1) May reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien
by any available judicial procedure; and
(2) If the collateral is documents, may proceed either as
to the documents or as to the goods they cover.
(b) Rights and duties of secured party in possession or
control. A secured party in possession of collateral or control of collateral under RCW 62A.9A-104, 62A.9A-105,
62A.9A-106, or 62A.9A-107 has the rights and duties provided in RCW 62A.9A-207.
(c) Rights cumulative; simultaneous exercise. The
rights under subsections (a) and (b) of this section are cumulative and may be exercised simultaneously.
(d) Rights of debtor and obligor. Except as otherwise
provided in subsection (g) of this section and RCW
62A.9A-605, after default, a debtor and an obligor have the
rights provided in this part and by agreement of the parties.
(e) Lien of levy after judgment. If a secured party has
reduced its claim to judgment, the lien of any levy that may
be made upon the collateral by virtue of an execution based
upon the judgment relates back to the earliest of:
(1) The date of perfection of the security interest or agricultural lien in the collateral;
(2) The date of filing a financing statement covering the
collateral; or
(3) Any date specified in a statute under which the agricultural lien was created.
(f) Execution sale. A sale pursuant to an execution is a
foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured
party may purchase at the sale and thereafter hold the collateral free of any other requirements of this Article.
(g) Consignor or buyer of certain rights to payment.
Except as otherwise provided in RCW 62A.9A-607(c), this
part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
(h) Enforcement restrictions. All rights and remedies
provided in this part with respect to promissory notes or an
agreement between an account debtor and a debtor which
relates to a health-care-insurance receivable or a general
intangible, including a contract, permit, license, or franchise,
are subject to RCW 62A.9A-408 to the extent applicable.
[2000 c 250 § 9A-601.]
62A.9A-602
62A.9A-602 Waiver and variance of rights and
duties. Except as otherwise provided in RCW 62A.9A-624,
to the extent that they give rights to an obligor (other than a
secondary obligor) or a debtor and impose duties on a secured
party, the debtor or obligor may not waive or vary the rules
stated in the following listed sections:
(1) RCW 62A.9A-207(b)(4)(C), which deals with use
and operation of the collateral by the secured party;
(2) RCW 62A.9A-210, which deals with requests for an
accounting and requests concerning a list of collateral and
statement of account;
(3) RCW 62A.9A-607(c), which deals with collection
and enforcement of collateral;
[Title 62A RCW—page 154]
(4) RCW 62A.9A-608(a) and 62A.9A-615(c) to the
extent that they deal with application or payment of noncash
proceeds of collection, enforcement, or disposition;
(5) RCW 62A.9A-608(a) and 62A.9A-615(d) to the
extent that they require accounting for or payment of surplus
proceeds of collateral;
(6) RCW 62A.9A-609 to the extent that it imposes upon
a secured party that takes possession of collateral without
judicial process the duty to do so without breach of the peace;
(7) RCW 62A.9A-610(b), 62A.9A-611, 62A.9A-613,
and 62A.9A-614, which deal with disposition of collateral;
(8) [Reserved]
(9) RCW 62A.9A-616, which deals with explanation of
the calculation of a surplus or deficiency;
(10) RCW 62A.9A-620, 62A.9A-621, and 62A.9A-622,
which deal with acceptance of collateral in satisfaction of
obligation;
(11) RCW 62A.9A-623, which deals with redemption of
collateral;
(12) RCW 62A.9A-624, which deals with permissible
waivers; and
(13) RCW 62A.9A-625 and 62A.9A-626, which deal
with the secured party’s liability for failure to comply with
this Article. [2000 c 250 § 9A-602.]
62A.9A-603
62A.9A-603 Agreement on standards concerning
rights and duties. (a) Agreed standards. The parties may
determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a
secured party under a rule stated in RCW 62A.9A-602 if the
standards are not manifestly unreasonable.
(b) Agreed standards inapplicable to breach of peace.
Subsection (a) of this section does not apply to the duty under
RCW 62A.9A-609 to refrain from breaching the peace.
[2000 c 250 § 9A-603.]
62A.9A-604
62A.9A-604 Procedure if security agreement covers
real property, fixtures, or manufactured home. (a)
Enforcement: Personal and real property. If a security
agreement covers both personal and real property, a secured
party may proceed:
(1) Under this part as to the personal property without
prejudicing any rights with respect to the real property; or
(2) As to both the personal property and the real property
in accordance with the rights with respect to the real property,
in which case the other provisions of this part do not apply.
(b) Enforcement: Fixtures. Subject to subsection (c)
of this section, if a security agreement covers goods that are
or become fixtures, a secured party may proceed:
(1) Under this part; or
(2) In accordance with the rights with respect to real
property, in which case the other provisions of this part do not
apply.
(c) Removal of fixtures or manufactured home. Subject to the other provisions of this part, if a secured party
holding a security interest in fixtures or a manufactured home
has priority over all owners and encumbrancers of the real
property, the secured party, after default, may remove the
collateral from the real property.
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
(d) Injury caused by removal. A secured party that
removes collateral consisting of fixtures or a manufactured
home shall promptly reimburse any encumbrancer or owner
of the real property, other than the debtor, for the cost of
repair of any physical injury caused by the removal. The
secured party need not reimburse the encumbrancer or owner
for any diminution in value of the real property caused by the
absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate
assurance for the performance of the obligation to reimburse.
[2000 c 250 § 9A-604.]
62A.9A-605
62A.9A-605 Unknown debtor or secondary obligor.
A secured party does not owe a duty based on its status as
secured party:
(1) To a person that is a debtor or obligor, unless the
secured party knows:
(A) That the person is a debtor or obligor;
(B) The identity of the person; and
(C) How to communicate with the person; or
(2) To a secured party or lienholder that has filed a
financing statement against a person, unless the secured party
knows:
(A) That the person is a debtor; and
(B) The identity of the person. [2000 c 250 § 9A-605.]
62A.9A-606
62A.9A-606 Time of default for agricultural lien. For
purposes of this part, a default occurs in connection with an
agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under
which it was created. [2000 c 250 § 9A-606.]
62A.9A-608
in which a record of the mortgage is recorded the secured
party’s sworn affidavit stating that:
(1) Default has occurred under the security agreement
that creates or provides for a security interest in the obligations secured by the mortgage;
(2) A copy of the security agreement is attached to the
affidavit; and
(3) The secured party is entitled to enforce the mortgage
nonjudicially.
If the secured party’s affidavit and attached copy of the
security agreement in the form prescribed by chapter 65.04
RCW are presented with the applicable fee to the office in
which a record of the mortgage is recorded, the affidavit and
attached copy of the security agreement shall be recorded
pursuant to RCW 65.04.030(3).
(c) Commercially reasonable collection and enforcement. A secured party shall proceed in a commercially reasonable manner if the secured party:
(1) Undertakes to collect from or enforce an obligation
of an account debtor or other person obligated on collateral;
and
(2) Is entitled to charge back uncollected collateral or
otherwise to full or limited recourse against the debtor or a
secondary obligor.
(d) Expenses of collection and enforcement. A
secured party may deduct from the collections made pursuant
to subsection (c) of this section reasonable expenses of collection and enforcement, including reasonable attorneys’ fees
and legal expenses incurred by the secured party.
(e) Duties to secured party not affected. This section
does not determine whether an account debtor, bank, or other
person obligated on collateral owes a duty to a secured party.
[2000 c 250 § 9A-607.]
62A.9A-607
62A.9A-607 Collection and enforcement by secured
party. (a) Collection and enforcement generally. If so
agreed, and in any event after default, a secured party:
(1) May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party;
(2) May take any proceeds to which the secured party is
entitled under RCW 62A.9A-315;
(3) May enforce the obligations of an account debtor or
other person obligated on collateral and exercise the rights of
the debtor with respect to the obligation of the account debtor
or other person obligated on collateral to make payment or
otherwise render performance to the debtor, and with respect
to any property that secures the obligations of the account
debtor or other person obligated on the collateral;
(4) If it holds a security interest in a deposit account perfected by control under RCW 62A.9A-104(a)(1), may apply
the balance of the deposit account to the obligation secured
by the deposit account; and
(5) If it holds a security interest in a deposit account perfected by control under RCW 62A.9A-104(a) (2) or (3), may
instruct the bank to pay the balance of the deposit account to
or for the benefit of the secured party.
(b) Nonjudicial enforcement of mortgage. If necessary to enable a secured party to exercise, under subsection
(a)(3) of this section, the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office
(2006 Ed.)
62A.9A-608 Application of proceeds of collection or
enforcement; liability for deficiency and right to surplus.
(a) Application of proceeds, surplus, and deficiency if
obligation secured. If a security interest or agricultural lien
secures payment or performance of an obligation, the following rules apply:
(1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under
RCW 62A.9A-607 in the following order to:
(A) The reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not
prohibited by law, reasonable attorneys’ fees and legal
expenses incurred by the secured party;
(B) The satisfaction of obligations secured by the security interest or agricultural lien under which the collection or
enforcement is made; and
(C) The satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which
the collection or enforcement is made if the secured party
receives an authenticated demand for proceeds before distribution of the proceeds is completed.
(2) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable
proof of the interest or lien within a reasonable time. Unless
the holder complies, the secured party need not comply with
the holder’s demand under (1)(C) of this subsection.
62A.9A-608
[Title 62A RCW—page 155]
62A.9A-609
Title 62A RCW: Uniform Commercial Code
(3) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under
RCW 62A.9A-607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays
over for application noncash proceeds shall do so in a commercially reasonable manner.
(4) A secured party shall account to and pay a debtor for
any surplus, and the obligor is liable for any deficiency.
(b) No surplus or deficiency in sales of certain rights
to payment. If the underlying transaction is a sale of
accounts, chattel paper, payment intangibles, or promissory
notes, the debtor is not entitled to any surplus, and the obligor
is not liable for any deficiency. [2001 c 32 § 41; 2000 c 250
§ 9A-608.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
(e) Disclaimer of warranties. A secured party may disclaim or modify warranties under subsection (d) of this section:
(1) In a manner that would be effective to disclaim or
modify the warranties in a voluntary disposition of property
of the kind subject to the contract of disposition; or
(2) By communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.
(f) Record sufficient to disclaim warranties. A record
is sufficient to disclaim under subsection (e) of this section all
warranties included under subsection (d) of this section if it
indicates "There is no warranty relating to title, possession,
quiet enjoyment, or the like in this disposition" or uses words
of similar import. [2000 c 250 § 9A-610.]
62A.9A-611 Notification before disposition of collateral. (a) "Notification date." In this section, "notification
date" means the earlier of the date on which:
(1) A secured party sends to the debtor and any secondary obligor an authenticated notification of disposition; or
(2) The debtor and any secondary obligor waive the right
to notification.
(b) Notification of disposition required. Except as otherwise provided in subsection (d) of this section, a secured
party that disposes of collateral under RCW 62A.9A-610
shall send to the persons specified in subsection (c) of this
section a reasonable authenticated notification of disposition.
(c) Persons to be notified. To comply with subsection
(b) of this section, the secured party shall send an authenticated notification of disposition to:
(1) The debtor;
(2) Any secondary obligor; and
(3) If the collateral is other than consumer goods:
(A) Any other secured party or lienholder that, ten days
before the notification date, held a security interest in or other
lien on the collateral perfected by the filing of a financing
statement that:
(i) Identified the collateral;
(ii) Was indexed under the debtor’s name as of that date;
and
(iii) Was filed in the office in which to file a financing
statement against the debtor covering the collateral as of that
date; and
(B) Any other secured party that, ten days before the
notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty
described in RCW 62A.9A-311(a).
(d) Subsection (b) of this section inapplicable: Perishable collateral; recognized market. Subsection (b) of this
section does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily
sold on a recognized market.
(e) Compliance with subsection (c)(3)(A) of this section. A secured party complies with the requirement for notification prescribed by subsection (c)(3)(A) of this section if:
(1) Not later than twenty days or earlier than thirty days
before the notification date, the secured party requests, in a
commercially reasonable manner, information concerning
financing statements indexed under the debtor’s name in the
office indicated in subsection (c)(3)(A) of this section; and
62A.9A-611
62A.9A-609
62A.9A-609 Secured party’s right to take possession
after default. (a) Possession; rendering equipment unusable; disposition on debtor’s premises. After default, a
secured party:
(1) May take possession of the collateral; and
(2) Without removal, may render equipment unusable
and dispose of collateral on a debtor’s premises under RCW
62A.9A-610.
(b) Judicial and nonjudicial process. A secured party
may proceed under subsection (a) of this section:
(1) Pursuant to judicial process; or
(2) Without judicial process, if it proceeds without
breach of the peace.
(c) Assembly of collateral. If so agreed, and in any
event after default, a secured party may require the debtor to
assemble the collateral and make it available to the secured
party at a place to be designated by the secured party which is
reasonably convenient to both parties. [2000 c 250 § 9A609.]
62A.9A-610
62A.9A-610 Disposition of collateral after default.
(a) Disposition after default. After default, a secured party
may sell, lease, license, or otherwise dispose of any or all of
the collateral in its present condition or following any commercially reasonable preparation or processing.
(b) Commercially reasonable disposition. Every
aspect of a disposition of collateral, including the method,
manner, time, place, and other terms, must be commercially
reasonable. If commercially reasonable, a secured party may
dispose of collateral by public or private proceedings, by one
or more contracts, as a unit or in parcels, and at any time and
place and on any terms.
(c) Purchase by secured party. A secured party may
purchase collateral:
(1) At a public disposition; or
(2) At a private disposition only if the collateral is of a
kind that is customarily sold on a recognized market or the
subject of widely distributed standard price quotations.
(d) Warranties on disposition. A contract for sale,
lease, license, or other disposition includes the warranties
relating to title, possession, quiet enjoyment, and the like
which by operation of law accompany a voluntary disposition
of property of the kind subject to the contract.
[Title 62A RCW—page 156]
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
(2) Before the notification date, the secured party:
(A) Did not receive a response to the request for information; or
(B) Received a response to the request for information
and sent an authenticated notification of disposition to each
secured party or other lienholder named in that response
whose financing statement covered the collateral. [2000 c
250 § 9A-611.]
62A.9A-612
62A.9A-612 Timeliness of notification before disposition of collateral. (a) Reasonable time is question of fact.
Except as otherwise provided in subsection (b) of this section, whether a notification is sent within a reasonable time is
a question of fact.
(b) Ten-day period sufficient in nonconsumer transaction. In a transaction other than a consumer transaction, a
notification of disposition sent after default and ten days or
more before the earliest time of disposition set forth in the
notification is sent within a reasonable time before the disposition. [2000 c 250 § 9A-612.]
62A.9A-613
62A.9A-613 Contents and form of notification before
disposition of collateral: General. Except in a consumergoods transaction, the following rules apply:
(1) The contents of a notification of disposition are sufficient if the notification:
(A) Describes the debtor and the secured party;
(B) Describes the collateral that is the subject of the
intended disposition;
(C) States the method of intended disposition;
(D) States that the debtor is entitled to an accounting of
the unpaid indebtedness and states the charge, if any, for an
accounting; and
(E) States the time and place of a public disposition or
the time after which any other disposition is to be made.
(2) Whether the contents of a notification that lacks any
of the information specified in subsection (1) of this section
are nevertheless sufficient is a question of fact.
(3) The contents of a notification providing substantially
the information specified in subsection (1) of this section are
sufficient, even if the notification includes:
(A) Information not specified by subsection (1) of this
section; or
(B) Minor errors that are not seriously misleading.
(4) A particular phrasing of the notification is not
required.
(5) The following form of notification and the form
appearing in RCW 62A.9A-614(3), when completed, each
provides sufficient information:
NOTIFICATION OF DISPOSITION
OF COLLATERAL
To: [Name of debtor, obligor, or other person to which
the notification is sent]
From:
[Name, address, and telephone number of
secured party]
Name of Debtor(s): [Include only if debtor(s) are not
an addressee]
[For a public disposition:]
(2006 Ed.)
62A.9A-614
We will sell [or lease or license, as applicable] the
[describe collateral] [to the highest qualified bidder] in
public as follows:
Day and Date:
Time:
Place:
[For a private disposition:]
We will sell [or lease or license, as applicable] the
[describe collateral] privately sometime after [day and
date] .
You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell [or lease or
license, as applicable] [for a charge of $
]. You may
request an accounting by calling us at [telephone
number] .
[2001 c 32 § 42; 2000 c 250 § 9A-613.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-614
62A.9A-614 Contents and form of notification before
disposition of collateral: Consumer-goods transaction. In
a consumer-goods transaction, the following rules apply:
(1) A notification of disposition must provide the following information:
(A) The information specified in RCW 62A.9A-613(1);
(B) A description of any liability for a deficiency of the
person to which the notification is sent;
(C) A telephone number from which the amount that
must be paid to the secured party to redeem the collateral
under RCW 62A.9A-623 is available; and
(D) A telephone number or mailing address from which
additional information concerning the disposition and the
obligation secured is available.
(2) A particular phrasing of the notification is not
required.
(3) The following form of notification, when completed,
provides sufficient information:
[Name and address of secured party]
[Date]
NOTICE OF OUR PLAN TO SELL PROPERTY
[Name and address of any obligor who is also a debtor]
Subject: [Identification of Transaction]
We have your [describe collateral] , because you broke
promises in our agreement.
[For a public disposition:]
We will sell [describe collateral] at public sale. A sale
could include a lease or license. The sale will be held as follows:
Date:
Time:
Place:
You may attend the sale and bring bidders if you want.
[For a private disposition:]
We will sell [describe collateral] at private sale sometime
after [date] . A sale could include a lease or license.
The money that we get from the sale (after paying our costs)
will reduce the amount you owe. If we get less money than
you owe, you [will or will not, as applicable] still owe us
[Title 62A RCW—page 157]
62A.9A-615
Title 62A RCW: Uniform Commercial Code
the difference. If we get more money than you owe, you will
get the extra money, unless we must pay it to someone else.
You can get the property back at any time before we sell it by
paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount
you must pay, call us at [telephone number] .
If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at
[telephone number] [or write us at [secured party’s
address] ] and request a written explanation. [We will
charge you $
for the explanation if we sent you another
written explanation of the amount you owe us within the last
six months.]
If you need more information about the sale call us at
[telephone number] [or write us at [secured party’s
address] ].
We are sending this notice to the following other people who
have an interest in [describe collateral] or who owe
money under your agreement:
[Names of all other debtors and obligors, if any]
(4) A notification in the form of [subsection] (3) of this
section is sufficient, even if additional information appears at
the end of the form.
(5) A notification in the form of [subsection] (3) of this
section is sufficient, even if it includes errors in information
not required by [subsection] (1) of this section, unless the
error is misleading with respect to rights arising under this
Article.
(6) If a notification under this section is not in the form
of [subsection] (3) of this section, law other than this Article
determines the effect of including information not required
by [subsection] (1) of this section. [2000 c 250 § 9A-614.]
62A.9A-615
62A.9A-615 Application of proceeds of disposition;
liability for deficiency and right to surplus. (a) Application of proceeds. A secured party shall apply or pay over for
application the cash proceeds of disposition under RCW
62A.9A-610 in the following order to:
(1) The reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing, and, to the
extent provided for by agreement and not prohibited by law,
reasonable attorneys’ fees and legal expenses incurred by the
secured party;
(2) The satisfaction of obligations secured by the security interest or agricultural lien under which the disposition is
made;
(3) The satisfaction of obligations secured by any subordinate security interest in or other subordinate lien on the collateral if:
(A) The secured party receives from the holder of the
subordinate security interest or other lien an authenticated
demand for proceeds before distribution of the proceeds is
completed; and
(B) In a case in which a consignor has an interest in the
collateral, the subordinate security interest or other lien is
senior to the interest of the consignor; and
(4) A secured party that is a consignor of the collateral if
the secured party receives from the consignor an authenti[Title 62A RCW—page 158]
cated demand for proceeds before distribution of the proceeds is completed.
(b) Proof of subordinate interest. If requested by a
secured party, a holder of a subordinate security interest or
other lien shall furnish reasonable proof of the interest or lien
within a reasonable time. Unless the holder does so, the
secured party need not comply with the holder’s demand
under subsection (a)(3) of this section.
(c) Application of noncash proceeds. A secured party
need not apply or pay over for application noncash proceeds
of disposition under RCW 62A.9A-610 unless the failure to
do so would be commercially unreasonable. A secured party
that applies or pays over for application noncash proceeds
shall do so in a commercially reasonable manner.
(d) Surplus or deficiency if obligation secured. If the
security interest under which a disposition is made secures
payment or performance of an obligation, after making the
payments and applications required by subsection (a) of this
section and permitted by subsection (c) of this section:
(1) Unless subsection (a)(4) of this section requires the
secured party to apply or pay over cash proceeds to a consignor, the secured party shall account to and pay a debtor for
any surplus; and
(2) The obligor is liable for any deficiency.
(e) No surplus or deficiency in sales of certain rights
to payment. If the underlying transaction is a sale of
accounts, chattel paper, payment intangibles, or promissory
notes:
(1) The debtor is not entitled to any surplus; and
(2) The obligor is not liable for any deficiency.
(f) [Reserved]
(g) Cash proceeds received by junior secured party.
A secured party that receives cash proceeds of a disposition
in good faith and without knowledge that the receipt violates
the rights of the holder of a security interest or other lien that
is not subordinate to the security interest or agricultural lien
under which the disposition is made:
(1) Takes the cash proceeds free of the security interest
or other lien;
(2) Is not obligated to apply the proceeds of the disposition to the satisfaction of obligations secured by the security
interest or other lien; and
(3) Is not obligated to account to or pay the holder of the
security interest or other lien for any surplus. [2001 c 32 §
43; 2000 c 250 § 9A-615.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-616
62A.9A-616 Explanation of calculation of surplus or
deficiency. (a) Definitions. In this section:
(1) "Explanation" means a writing that:
(A) States the amount of the surplus or deficiency;
(B) Provides an explanation in accordance with subsection (c) of this section of how the secured party calculated the
surplus or deficiency;
(C) States, if applicable, that future debits, credits,
charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the surplus or deficiency; and
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
(D) Provides a telephone number or mailing address
from which additional information concerning the transaction is available.
(2) "Request" means a record:
(A) Authenticated by a debtor or consumer obligor;
(B) Requesting that the recipient provide an explanation;
and
(C) Sent after disposition of the collateral under RCW
62A.9A-610.
(b) Explanation of calculation. In a consumer-goods
transaction in which the debtor is entitled to a surplus or a
consumer obligor is liable for a deficiency under RCW
62A.9A-615, the secured party shall:
(1) Send an explanation to the debtor or consumer obligor, as applicable, after the disposition and:
(A) Before or when the secured party accounts to the
debtor and pays any surplus or first makes written demand on
the consumer obligor after the disposition for payment of the
deficiency; and
(B) Within fourteen days after receipt of a request; or
(2) In the case of a consumer obligor who is liable for a
deficiency, within fourteen days after receipt of a request,
send to the consumer obligor a record waiving the secured
party’s right to a deficiency.
(c) Required information. To comply with subsection
(a)(1)(B) of this section, a writing must provide the following
information in the following order:
(1) The aggregate amount of obligations secured by the
security interest under which the disposition was made, and,
if the amount reflects a rebate of unearned interest or credit
service charge, an indication of that fact, calculated as of a
specified date:
(A) If the secured party takes or receives possession of
the collateral after default, not more than thirty-five days
before the secured party takes or receives possession; or
(B) If the secured party takes or receives possession of
the collateral before default or does not take possession of the
collateral, not more than thirty-five days before the disposition;
(2) The amount of proceeds of the disposition;
(3) The aggregate amount of the obligations after deducting the amount of proceeds;
(4) The amount, in the aggregate or by type, and types of
expenses, including expenses of retaking, holding, preparing
for disposition, processing, and disposing of the collateral,
and attorneys’ fees secured by the collateral which are known
to the secured party and relate to the current disposition;
(5) The amount, in the aggregate or by type, and types of
credits, including rebates of interest or credit service charges,
to which the obligor is known to be entitled and which are not
reflected in the amount in (1) of this subsection; and
(6) The amount of the surplus or deficiency.
(d) Substantial compliance. A particular phrasing of
the explanation is not required. An explanation complying
substantially with the requirements of subsection (a) of this
section is sufficient, even if it includes minor errors that are
not seriously misleading.
(e) Charges for responses. A debtor or consumer obligor is entitled without charge to one response to a request
under this section during any six-month period in which the
secured party did not send to the debtor or consumer obligor
(2006 Ed.)
62A.9A-619
an explanation pursuant to subsection (b)(1) of this section.
The secured party may require payment of a charge not
exceeding twenty-five dollars for each additional response.
[2000 c 250 § 9A-616.]
62A.9A-617
62A.9A-617 Rights of transferee of collateral. (a)
Effects of disposition. A secured party’s disposition of collateral after default:
(1) Transfers to a transferee for value all of the debtor’s
rights in the collateral;
(2) Discharges the security interest under which the disposition is made; and
(3) Discharges any subordinate security interest or other
subordinate lien.
(b) Rights of good-faith transferee. A transferee that
acts in good faith takes free of the rights and interests
described in subsection (a) of this section, even if the secured
party fails to comply with this Article or the requirements of
any judicial proceeding.
(c) Rights of other transferee. If a transferee does not
take free of the rights and interests described in subsection (a)
of this section, the transferee takes the collateral subject to:
(1) The debtor’s rights in the collateral;
(2) The security interest or agricultural lien under which
the disposition is made; and
(3) Any other security interest or other lien. [2000 c 250
§ 9A-617.]
62A.9A-618
62A.9A-618 Rights and duties of certain secondary
obligors. (a) Rights and duties of secondary obligor. A
secondary obligor acquires the rights and becomes obligated
to perform the duties of the secured party after the secondary
obligor:
(1) Receives an assignment of a secured obligation from
the secured party;
(2) Receives a transfer of collateral from the secured
party and agrees to accept the rights and assume the duties of
the secured party; or
(3) Is subrogated to the rights of a secured party with
respect to collateral.
(b) Effect of assignment, transfer, or subrogation. An
assignment, transfer, or subrogation described in subsection
(a) of this section:
(1) Is not a disposition of collateral under RCW
62A.9A-610; and
(2) Relieves the secured party of further duties under this
Article. [2000 c 250 § 9A-618.]
62A.9A-619
62A.9A-619 Transfer of record or legal title. (a)
"Transfer statement." In this section, "transfer statement"
means a record authenticated by a secured party stating:
(1) That the debtor has defaulted in connection with an
obligation secured by specified collateral;
(2) That the secured party has exercised its post-default
remedies with respect to the collateral;
(3) That, by reason of the exercise, a transferee has
acquired the rights of the debtor in the collateral; and
(4) The name and mailing address of the secured party,
debtor, and transferee.
[Title 62A RCW—page 159]
62A.9A-620
Title 62A RCW: Uniform Commercial Code
(b) Effect of transfer statement. A transfer statement
entitles the transferee to the transfer of record of all rights of
the debtor in the collateral specified in the statement in any
official filing, recording, registration, or certificate-of-title
system covering the collateral. If a transfer statement is presented with the applicable fee and request form to the official
or office responsible for maintaining the system, the official
or office shall:
(1) Accept the transfer statement;
(2) Promptly amend its records to reflect the transfer;
and
(3) If applicable, issue a new appropriate certificate of
title in the name of the transferee.
(c) Transfer not a disposition; no relief of secured
party’s duties. A transfer of the record or legal title to collateral to a secured party under subsection (b) of this section
or otherwise is not of itself a disposition of collateral under
this Article and does not of itself relieve the secured party of
its duties under this Article. [2000 c 250 § 9A-619.]
62A.9A-620
62A.9A-620 Acceptance of collateral in full or partial
satisfaction of obligation; compulsory disposition of collateral. (a) Conditions to acceptance in satisfaction. A
secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:
(1) The debtor consents to the acceptance under subsection (c) of this section;
(2) The secured party does not receive, within the time
set forth in subsection (d) of this section, a notification of
objection to the proposal authenticated by:
(A) A person to which the secured party was required to
send a proposal under RCW 62A.9A-621; or
(B) Any other person, other than the debtor, holding an
interest in the collateral subordinate to the security interest
that is the subject of the proposal; and
(3) Subsection (e) of this section does not require the
secured party to dispose of the collateral or the debtor waives
the requirement pursuant to RCW 62A.9A-624.
(b) Purported acceptance ineffective. A purported or
apparent acceptance of collateral under this section is ineffective unless:
(1) The secured party consents to the acceptance in an
authenticated record or sends a proposal to the debtor; and
(2) The conditions of subsection (a) of this section are
met.
(c) Debtor’s consent. For purposes of this section:
(1) A debtor consents to an acceptance of collateral in
partial satisfaction of the obligation it secures only if the
debtor agrees to the terms of the acceptance in a record
authenticated after default; and
(2) A debtor consents to an acceptance of collateral in
full satisfaction of the obligation it secures only if the debtor
agrees to the terms of the acceptance in a record authenticated
after default or the secured party:
(A) Sends to the debtor after default a proposal that is
unconditional or subject only to a condition that collateral not
in the possession of the secured party be preserved or maintained;
(B) In the proposal, proposes to accept collateral in full
satisfaction of the obligation it secures; and
[Title 62A RCW—page 160]
(C) Does not receive a notification of objection authenticated by the debtor within twenty days after the proposal is
sent.
(d) Effectiveness of notification. To be effective under
subsection (a)(2) of this section, a notification of objection
must be received by the secured party:
(1) In the case of a person to which the proposal was sent
pursuant to RCW 62A.9A-621, within twenty days after notification was sent to that person; and
(2) In other cases:
(A) Within twenty days after the last notification was
sent pursuant to RCW 62A.9A-621; or
(B) If a notification was not sent, before the debtor consents to the acceptance under subsection (c) of this section.
(e) Mandatory disposition of consumer goods. A
secured party that has taken possession of collateral shall dispose of the collateral pursuant to RCW 62A.9A-610 within
the time specified in subsection (f) of this section if:
(1) Sixty percent of the cash price has been paid in the
case of a purchase-money security interest in consumer
goods; or
(2) Sixty percent of the principal amount of the obligation secured has been paid in the case of a nonpurchasemoney security interest in consumer goods.
(f) Compliance with mandatory disposition requirement. To comply with subsection (e) of this section, the
secured party shall dispose of the collateral:
(1) Within ninety days after taking possession; or
(2) Within any longer period to which the debtor and all
secondary obligors have agreed in an agreement to that effect
entered into and authenticated after default. [2000 c 250 §
9A-620.]
62A.9A-621
62A.9A-621 Notification of proposal to accept collateral. (a) Persons to which proposal to be sent. A secured
party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to:
(1) Any other secured party or lienholder that, ten days
before the debtor consented to the acceptance, held a security
interest in or other lien on the collateral perfected by the filing of a financing statement that:
(A) Identified the collateral;
(B) Was indexed under the debtor’s name as of that date;
and
(C) Was filed in the office or offices in which to file a
financing statement against the debtor covering the collateral
as of that date; and
(2) Any other secured party that, ten days before the
debtor consented to the acceptance, held a security interest in
the collateral perfected by compliance with a statute, regulation, or treaty described in RCW 62A.9A-311(a).
(b) Proposal to be sent to secondary obligor in partial
satisfaction. A secured party that desires to accept collateral
in partial satisfaction of the obligation it secures shall send its
proposal to any secondary obligor in addition to the persons
described in subsection (a) of this section. [2000 c 250 § 9A621.]
62A.9A-622
62A.9A-622 Effect of acceptance of collateral. (a)
Effect of acceptance. A secured party’s acceptance of col(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
lateral in full or partial satisfaction of the obligation it
secures:
(1) Discharges the obligation to the extent consented to
by the debtor;
(2) Transfers to the secured party all of a debtor’s rights
in the collateral;
(3) Discharges the security interest or agricultural lien
that is the subject of the debtor’s consent and any subordinate
security interest or other subordinate lien; and
(4) Terminates any other subordinate interest.
(b) Discharge of subordinate interest notwithstanding noncompliance. A subordinate interest is discharged or
terminated under subsection (a) of this section, even if the
secured party fails to comply with this Article. [2000 c 250 §
9A-622.]
62A.9A-623
62A.9A-623 Right to redeem collateral. (a) Persons
that may redeem. A debtor, any secondary obligor, or any
other secured party or lienholder may redeem collateral.
(b) Requirements for redemption. To redeem collateral, a person shall tender:
(1) Fulfillment of all obligations secured by the collateral; and
(2) The reasonable expenses and attorneys’ fees
described in RCW 62A.9A-615(a)(1).
(c) When redemption may occur. A redemption may
occur at any time before a secured party:
(1) Has collected collateral under RCW 62A.9A-607;
(2) Has disposed of collateral or entered into a contract
for its disposition under RCW 62A.9A-610; or
(3) Has accepted collateral in full or partial satisfaction
of the obligation it secures under RCW 62A.9A-622. [2000
c 250 § 9A-623.]
62A.9A-624
62A.9A-624 Waiver. (a) Waiver of disposition notification. A debtor may waive the right to notification of disposition of collateral under RCW 62A.9A-611 only by an
agreement to that effect entered into and authenticated after
default.
(b) Waiver of mandatory disposition. A debtor may
waive the right to require disposition of collateral under
RCW 62A.9A-620(e) only by an agreement to that effect
entered into and authenticated after default.
(c) Waiver of redemption right. Except in a consumergoods transaction, a debtor or secondary obligor may waive
the right to redeem collateral under RCW 62A.9A-623 only
by an agreement to that effect entered into and authenticated
after default. [2000 c 250 § 9A-624.]
62A.9A-625
62A.9A-625 Remedies for secured party’s failure to
comply with Article. (a) Judicial orders concerning noncompliance. If it is established that a secured party is not
proceeding in accordance with this Article, a court may order
or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.
(b) Damages for noncompliance. Subject to subsections (c), (d), and (f) of this section, a person is liable for damages in the amount of any loss caused by a failure to comply
with this Article or by filing a false statement under RCW
62A.9A-607(b) or 62A.9A-619. Loss caused by a failure to
(2006 Ed.)
62A.9A-625
comply may include loss resulting from the debtor’s inability
to obtain, or increased costs of, alternative financing.
(c) Persons entitled to recover damages; statutory
damages in consumer-goods transaction. Except as otherwise provided in RCW 62A.9A-628:
(1) A person that, at the time of the failure, was a debtor,
was an obligor, or held a security interest in or other lien on
the collateral may recover damages under subsection (b) of
this section for its loss; and
(2) If the collateral is consumer goods, a person that was
a debtor or a secondary obligor at the time a secured party
failed to comply with this part may recover for that failure in
any event an amount not less than the credit service charge
plus ten percent of the principal amount of the obligation or
the time-price differential plus ten percent of the cash price.
(d) Recovery when deficiency eliminated or reduced.
A debtor whose deficiency is eliminated under RCW
62A.9A-626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor may not
recover under subsection (b) or (c)(2) of this section for noncompliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance to the extent
that its deficiency is eliminated or reduced under RCW
62A.9A-626.
(e) Statutory damages: Noncompliance with specified provisions. In addition to any damages recoverable
under subsection (b) of this section, the debtor, consumer
obligor, or person named as a debtor in a filed record, as
applicable, may recover five hundred dollars in each case
from a person that:
(1) Fails to comply with RCW 62A.9A-208;
(2) Fails to comply with RCW 62A.9A-209;
(3) Files a record that the person is not entitled to file
under RCW 62A.9A-509(a);
(4) Fails to cause the secured party of record to file or
send a term ination statement as required by RCW
62A.9A-513 (a) or (c) within twenty days after the secured
party receives an authenticated demand from a debtor;
(5) Fails to comply with RCW 62A.9A-616(b)(1) and
whose failure is part of a pattern, or consistent with a practice, of noncompliance; or
(6) Fails to comply with RCW 62A.9A-616(b)(2).
(f) Statutory damages: Noncompliance with RCW
62A.9A-210. A debtor or consumer obligor may recover
damages under subsection (b) of this section and, in addition,
five hundred dollars in each case from a person that, without
reasonable cause, fails to comply with a request under RCW
62A.9A-2 10. A recipient o f a request under RCW
62A.9A-210 which never claimed an interest in the collateral
or obligations that are the subject of a request under RCW
62A.9A-210 has a reasonable excuse for failure to comply
with the request within the meaning of this subsection.
(g) Limitation of security interest: Noncompliance
with RCW 62A.9A-210. If a secured party fails to comply
with a request regarding a list of collateral or a statement of
account under RCW 62A.9A-210, the secured party may
claim a security interest only as shown in the list or statement
included in the request as against a person that is reasonably
misled by the failure. [2001 c 32 § 44; 2000 c 250 § 9A-625.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
[Title 62A RCW—page 161]
62A.9A-626
Title 62A RCW: Uniform Commercial Code
62A.9A-626
62A.9A-626 Action in which deficiency or surplus is
in issue. (a) Applicable rules if amount of deficiency or
surplus in issue. In an action arising from a transaction in
which the amount of a deficiency or surplus is in issue, the
following rules apply:
(1) A secured party need not prove compliance with the
provisions of this part relating to collection, enforcement,
disposition, or acceptance unless the debtor or a secondary
obligor places the secured party’s compliance in issue.
(2) If the secured party’s compliance is placed in issue,
the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this part.
(3) Except as otherwise provided in RCW 62A.9A-628,
if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of this part relating to collection,
enforcement, disposition, or acceptance, the liability of a
debtor or a secondary obligor for a deficiency is limited to an
amount by which the sum of the secured obligation,
expenses, and attorneys’ fees exceeds the greater of:
(A) The proceeds of the collection, enforcement, disposition, or acceptance; or
(B) The amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with the provisions of this part relating to collection,
enforcement, disposition, or acceptance.
(4) For purposes of (3)(B) of this subsection, the amount
of proceeds that would have been realized is equal to the sum
of the secured obligation, expenses, and attorneys’ fees
unless the secured party proves that the amount is less than
that sum.
(b) [Reserved] [2000 c 250 § 9A-626.]
62A.9A-627
62A.9A-627 Determination of whether conduct was
commercially reasonable. (a) Greater amount obtainable
under other circumstances; no preclusion of commercial
reasonableness. The fact that a greater amount could have
been obtained by a collection, enforcement, disposition, or
acceptance at a different time or in a different method from
that selected by the secured party is not of itself sufficient to
preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a
commercially reasonable manner.
(b) Dispositions that are commercially reasonable. A
disposition of collateral is made in a commercially reasonable manner if the disposition is made:
(1) In the usual manner on any recognized market;
(2) At the price current in any recognized market at the
time of the disposition; or
(3) Otherwise in conformity with reasonable commercial
practices among dealers in the type of property that was the
subject of the disposition.
(c) Approval by court or on behalf of creditors. A
collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved:
(1) In a judicial proceeding;
(2) By a bona fide creditors’ committee;
(3) By a representative of creditors; or
(4) By an assignee for the benefit of creditors.
[Title 62A RCW—page 162]
(d) Approval under subsection (c) of this section not
necessary; absence of approval has no effect. Approval
under subsection (c) of this section need not be obtained, and
lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable. [2000 c 250 § 9A-627.]
62A.9A-628
62A.9A-628 Nonliability and limitation on liability of
secured party; liability of secondary obligor. (a) Limitation of liability of secured party for noncompliance with
article. Unless a secured party knows that a person is a
debtor or obligor, knows the identity of the person, and
knows how to communicate with the person:
(1) The secured party is not liable to the person, or to a
secured party or lienholder that has filed a financing statement against the person, for failure to comply with this Article; and
(2) The secured party’s failure to comply with this Article does not affect the liability of the person for a deficiency.
(b) Limitation of liability based on status as secured
party. A secured party is not liable because of its status as
secured party:
(1) To a person that is a debtor or obligor, unless the
secured party knows:
(A) That the person is a debtor or obligor;
(B) The identity of the person; and
(C) How to communicate with the person; or
(2) To a secured party or lienholder that has filed a
financing statement against a person, unless the secured party
knows:
(A) That the person is a debtor; and
(B) The identity of the person.
(c) Limitation of liability if reasonable belief that
transaction not a consumer-goods transaction or consumer transaction. A secured party is not liable to any person, and a person’s liability for a deficiency is not affected,
because of any act or omission arising out of the secured
party’s reasonable belief that a transaction is not a consumergoods transaction or a consumer transaction or that goods are
not consumer goods, if the secured party’s belief is based on
its reasonable reliance on:
(1) A debtor’s representation concerning the purpose for
which collateral was to be used, acquired, or held; or
(2) An obligor’s representation concerning the purpose
for which a secured obligation was incurred.
(d) Limitation of liability for statutory damages. A
secured party is not liable to any person under RCW
62A.9A-625(c)(2) for its failure to comply with RCW
62A.9A-616.
(e) Limitation of multiple liability for statutory damages. A secured party is not liable under RCW
62A.9A-625(c)(2) more than once with respect to any one
secured obligation. [2001 c 32 § 45; 2000 c 250 § 9A-628.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
PART 7
TRANSITION
62A.9A-701
62A.9A-701 Effective date—2000 c 250. This act
takes effect July 1, 2001. [2000 c 250 § 9A-701.]
(2006 Ed.)
Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper
62A.9A-702 Savings clause. (a) Preeffective-date
transactions or liens. Except as otherwise provided in this
section, Article 62A.9A RCW applies to a transaction or lien
within its scope, even if the transaction or lien was entered
into or created before July 1, 2001.
(b) Continuing validity. Except as otherwise provided
in subsection (c) of this section and RCW 62A.9A-703
through 62A.9A-709:
(1) Transactions and liens that were not governed by
*Article 62A.9 RCW, were validly entered into or created
before July 1, 2001, and would be subject to Article 62A.9A
RCW if they had been entered into or created after July 1,
2001, and the rights, duties, and interests flowing from those
transactions and liens remain valid after July 1, 2001; and
(2) The transactions and liens may be terminated, completed, consummated, and enforced as required or permitted
by Article 62A.9A RCW or by the law that otherwise would
apply if Article 62A.9A RCW had not taken effect.
(c) Preeffective-date proceedings. Article 62A.9A
RCW does not affect an action, case, or proceeding commenced before July 1, 2001. [2001 c 32 § 46; 2000 c 250 §
9A-702.]
62A.9A-702
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001.
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-703 Security interest perfected before effective date. (a) Continuing priority over lien creditor: Perfection requirements satisfied. A security interest that is
enforceable immediately before July 1, 2001, and would have
priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under Article
62A.9A RCW if, on or before July 1, 2001, the applicable
requirements for enforceability and perfection under Article
62A.9A RCW are satisfied without further action.
(b) Continuing priority over lien creditor: Perfection
requirements not satisfied. Except as otherwise provided in
RCW 62A.9A-705, if, immediately before July 1, 2001, a
security interest is enforceable and would have priority over
the rights of a person that becomes a lien creditor at that time,
but the applicable requirements for enforceability or perfection under Article 62A.9A RCW are not satisfied on or before
July 1, 2001, the security interest:
(1) Is a perfected security interest for one year after July
1, 2001;
(2) Remains enforceable thereafter only if the security
interest becomes enforceable under RCW 62A.9A-203
before the year expires; and
(3) Remains perfected thereafter only if the applicable
requirements for perfection under Article 62A.9A RCW are
satisfied before the year expires. [2001 c 32 § 47; 2000 c 250
§ 9A-703.]
62A.9A-703
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-704 Security interest unperfected before
effective date. A security interest that is enforceable immediately before July 1, 2001, but which would be subordinate
to the rights of a person that becomes a lien creditor at that
time:
(1) Remains an enforceable security interest for one year
after July 1, 2001;
62A.9A-704
(2006 Ed.)
62A.9A-705
(2) Remains enforceable thereafter if the security interest
becomes enforceable under RCW 62A.9A-203 on or before
July 1, 2001, or within one year thereafter; and
(3) Becomes perfected:
(A) Without further action, on July 1, 2001, if the applicable requirements for perfection under Article 62A.9A
RCW are satisfied before or at that time; or
(B) When the applicable requirements for perfection are
satisfied if the requirements are satisfied after that time.
[2001 c 32 § 48; 2000 c 250 § 9A-704.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-705
62A.9A-705 Effectiveness of action taken before
effective date. (a) Preeffective-date action; one-year perfection period unless reperfected. If action, other than the
filing of a financing statement, is taken before July 1, 2001,
and the action would have resulted in priority of a security
interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before July
1, 2001, the action is effective to perfect a security interest
that attaches under Article 62A.9A RCW within one year
after July 1, 2001. An attached security interest becomes
unperfected one year after July 1, 2001, unless the security
interest becomes a perfected security interest under Article
62A.9A RCW before the expiration of that period.
(b) Preeffective-date filing. The filing of a financing
statement before July 1, 2001, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under Article 62A.9A RCW.
(c) Preeffective-date filing in jurisdiction formerly
governing perfection. Article 62A.9A RCW does not render ineffective an effective financing statement that, before
July 1, 2001, is filed and satisfies the applicable requirements
for perfection under the law of the jurisdiction governing perfection as provided in former *RCW 62A.9-103. However,
except as otherwise provided in subsections (d) and (e) of this
section and RCW 62A.9A-706, the financing statement
ceases to be effective at the earlier of:
(1) The time the financing statement would have ceased
to be effective under the law of the jurisdiction in which it is
filed; or
(2) June 30, 2006.
(d) Continuation statement. The filing of a continuation statement after July 1, 2001, does not continue the effectiveness of the financing statement filed before July 1, 2001.
However, upon the timely filing of a continuation statement
after July 1, 2001, and in accordance with the law of the jurisdiction governing perfection as provided in Part 3, the effectiveness of a financing statement filed in the same office in
that jurisdiction before July 1, 2001, continues for the period
provided by the law of that jurisdiction.
(e) Application of subsection (c)(2) of this section to
transmitting utility financing statement. Subsection (c)(2)
of this section applies to a financing statement that, before
July 1, 2001, is filed against a transmitting utility and satisfies
the applicable requirements for perfection under the law of
the jurisdiction governing perfection as provided in former
*RCW 62A.9-103 only to the extent that Part 3 provides that
the law of a jurisdiction other than the jurisdiction in which
[Title 62A RCW—page 163]
62A.9A-706
Title 62A RCW: Uniform Commercial Code
the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.
(f) Application of Part 5. A financing statement that
includes a financing statement filed before July 1, 2001, and
a continuation statement filed after July 1, 2001, is effective
only to the extent that it satisfies the requirements of Part 5
for an initial financing statement. [2001 c 32 § 49; 2000 c
250 § 9A-705.]
*Reviser’s note: RCW 62A.9-103 was repealed by 2000 c 250 § 9A901, effective July 1, 2001.
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-706 When initial financing statement suffices to continue effectiveness of financing statement. (a)
Initial financing statement in lieu of continuation statement. The filing of an initial financing statement in the
office specified in RCW 62A.9A-501 continues the effectiveness of a financing statement filed before July 1, 2001, if:
(1) The filing of an initial financing statement in that
office would be effective to perfect a security interest under
Article 62A.9A RCW;
(2) The preeffective-date financing statement was filed
in an office in another state or another office in this state; and
(3) The initial financing statement satisfies subsection
(c) of this section.
(b) Period of continued effectiveness. The filing of an
initial financing statement under subsection (a) of this section
continues the effectiveness of the preeffective-date financing
statement:
(1) If the initial financing statement is filed before July 1,
2001, for the period provided in *RCW 62A.9-403 with
respect to a financing statement; and
(2) If the initial financing statement is filed after July 1,
2001, for the period provided in RCW 62A.9A-515 with
respect to an initial financing statement.
(c) Requirements for initial financing statement
under subsection (a) of this section. To be effective for purposes of subsection (a) of this section, an initial financing
statement must:
(1) Satisfy the requirements of Part 5 for an initial
financing statement;
(2) Identify the preeffective-date financing statement by
indicating the office in which the financing statement was
filed and providing the dates of filing and file numbers, if
any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement;
and
(3) Indicate that the preeffective-date financing statement remains effective. [2001 c 32 § 50; 2000 c 250 § 9A706.]
62A.9A-706
*Reviser’s note: RCW 62A.9-403 was repealed by 2000 c 250 § 9A901, effective July 1, 2001.
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-707 Amendment of preeffective-date financing statement. (a) Preeffective-date financing statement.
In this section, "preeffective-date financing statement" means
a financing statement filed before July 1, 2001.
(b) Applicable law. On or after July 1, 2001, a person
may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information
62A.9A-707
[Title 62A RCW—page 164]
provided in, a preeffective-date financing statement only in
accordance with the law of the jurisdiction governing perfection as provided in Part 3. However, the effectiveness of a
preeffective-date financing statement also may be terminated
in accordance with the law of the jurisdiction in which the
financing statement is filed.
(c) Method of amending: General rule. Except as otherwise provided in subsection (d) of this section, if the law of
this state governs perfection of a security interest, the information in a preeffective-date financing statement may be
amended on or after July 1, 2001, only if:
(1) The preeffective-date financing statement and an
amendment are filed in the office specified in RCW 62A.9A501;
(2) An amendment is filed in the office specified in
RCW 62A.9A-501 concurrently with, or after the filing in
that office of, an initial financing statement that satisfies
RCW 62A.9A-706(c); or
(3) An initial financing statement that provides the information as amended and satisfies RCW 62A.9A-706(c) is
filed in the office specified in RCW 62A.9A-501.
(d) Method of amending: Continuation. If the law of
this state governs perfection of a security interest, the effectiveness of a preeffective-date financing statement may be
continued only under RCW 62A.9A-705 (d) and (f) or
62A.9A-706.
(e) Method of amending: Additional termination
rule. Whether or not the law of this state governs perfection
of a security interest, the effectiveness of a preeffective-date
financing statement filed in this state may be terminated on or
after July 1, 2001, by filing a termination statement in the
office in which the preeffective-date financing statement is
filed, unless an initial financing statement that satisfies RCW
62A.9A-706(c) has been filed in the office specified by the
law of the jurisdiction governing perfection as provided in
Part 3 as the office in which to file a financing statement.
[2001 c 32 § 51; 2000 c 250 § 9A-707.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-708
62A.9A-708 Persons entitled to file initial financing
statement or continuation statement. A person may file an
initial financing statement or a continuation statement under
this part if:
(1) The secured party of record authorizes the filing; and
(2) The filing is necessary under this part:
(A) To continue the effectiveness of a financing statement filed before July 1, 2001; or
(B) To perfect or continue the perfection of a security
interest. [2001 c 32 § 52; 2000 c 250 § 9A-708.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
62A.9A-709
62A.9A-709 Priority. (a) Law governing priority.
Article 62A.9A RCW determines the priority of conflicting
claims to collateral. However, if the relative priorities of the
claims were established before July 1, 2001, *Article 62A.9
RCW determines priority.
(b) Priority if security interest becomes enforceable
un der RCW 6 2A .9 A-20 3 . F o r pu r p o se s o f R CW
62A.9A-322(a), the priority of a security interest that
becomes enforceable under RCW 62A.9A-203 dates from
(2006 Ed.)
Effective Date and Repealer
July 1, 2001, if the security interest is perfected under Article
62A.9A RCW by the filing of a financing statement before
July 1, 2001, which would not have been effective to perfect
the security interest under *Article 62A.9 RCW. This subsection does not apply to conflicting security interests each of
which is perfected by the filing of such a financing statement.
[2001 c 32 § 53.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001.
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Article 10
Article 10
EFFECTIVE DATE AND REPEALER
Sections
62A.10-101
62A.10-102
62A.10-103
62A.10-104
Effective date—1965 ex.s. c 157.
Specific repealer; provision for transition.
General repealer.
Laws not repealed.
62A.10-101
62A.10-101 Effective date—1965 ex.s. c 157. This
Title shall become effective at midnight on June 30, 1967. It
applies to transactions entered into and events occurring after
that date. [1965 ex.s. c 157 § 10-101.]
62A.10-102
62A.10-102 Specific repealer; provision for transition. (1) The following acts and all other acts and parts of
acts inconsistent herewith are hereby repealed:
(a)(i) RCW 22.04.010 through 22.04.610;
(ii) RCW 23.80.010 through 23.80.250;
(iii) RCW 30.16.020, 30.16.030, 30.16.040 and
30.16.050;
(iv) RCW 30.40.030, 30.40.040 and 30.40.050;
(v) RCW 30.52.010 through 30.52.160;
(vi) RCW 61.04.010 through 61.04.090;
(vii) RCW 61.08.010 through 61.08.120;
(viii) RCW 61.12.160;
(ix) RCW 61.16.040, 61.16.050 and 61.16.070;
(x) RCW 61.20.010 through 61.20.190;
(xi) RCW 62.01.001 through 62.01.196 and 62.98.010
through 62.98.050;
(xii) RCW 63.04.010 through 63.04.780;
(xiii) RCW 63.08.010 through 63.08.060;
(xiv) RCW 63.12.010 through 63.12.030;
(xv) RCW 63.16.010 through 63.16.900;
(xvi) RCW 65.08.010, 65.08.020 and 65.08.040; and
(xvii) RCW 81.32.010 through 81.32.561: PROVIDED,
That such repeal shall not affect the validity of sections
81.29.010 through 81.29.050, chapter 14, Laws of 1961
(RCW 81.29.010 through 81.29.050).
(b)(i) Chapter 99, Laws of 1913;
(ii) Chapter 100, Laws of 1939;
(iii) Section 4, chapter 106, Laws of 1959 and sections
30.16.020, 30.16.030, 30.16.040 and 30.16.050, chapter 33,
Laws of 1955;
(iv) Sections 30.40.030, 30.40.040 and 30.40.050, chapter 33, Laws of 1955;
(v) Section 3, chapter 194, Laws of 1963 and sections
30.52.010 through 30.52.160, chapter 33, Laws of 1955;
(vi) Section 11, chapter 263, Laws of 1959, section 3,
chapter 214, Laws of 1953, sections 1, 2 and 3, chapter 284,
(2006 Ed.)
62A.10-104
Laws of 1943, section 1, chapter 76, Laws of 1943, section 1,
chapter 121, Laws of 1939, section 1, chapter 156, Laws of
1929, sections 1, 2, 3, 4, 5, 6 and 7, chapter 98, Laws of 1899,
sections 1986, 1987 and 1988, Code of 1881, section 1, page
104, Laws of 1879, section 1, page 286, Laws of 1877 and
section 1, page 43, Laws of 1875;
(vii) Sections 1989, 1990, 1991, 1992, 1993, 1994, 1995,
1996, 1997 and 1998, Code of 1881, sections 4, 5, 6, 7, 8, 9,
10, 11 and 12, pages 105 and 106, Laws of 1879 and sections
18, 19, 20, 22, 23, 24 and 28, page 47, Laws of 1875;
(viii) Sections 618 and 619, Code of 1881 and section
572, page 147, Laws of 1869;
(ix) Section 12, chapter 263, Laws of 1959, section 4,
chapter 214, Laws of 1953, section 4, chapter 284, Laws of
1943, sections 1 and 2, chapter 133, Laws of 1937 and sections 8, 9 and 11, chapter 98, Laws of 1899;
(x) Sections 1 and 2, chapter 249, Laws of 1957 and
chapter 71, Laws of 1943;
(xi) Sections 62.01.001 through 62.01.196 and
62.98.010 through 62.98.050, chapter 35, Laws of 1955;
(xii) Chapter 142, Laws of 1925 extraordinary session;
(xiii) Sections 1, 2, 3 and 4, chapter 247, Laws of 1953,
section 1, chapter 98, Laws of 1943, sections 1, 2, 3 and 4,
chapter 122, Laws of 1939 and sections 1, 2, 3 and 4, chapter
135, Laws of 1925 extraordinary session;
(xiv) Section 22, chapter 236, Laws of 1963, section 1,
chapter 159, Laws of 1961, sections 1 and 2, chapter 196,
Laws of 1937, sections 1 and 2, chapter 129, Laws of 1933,
section 1, chapter 120, Laws of 1925 extraordinary session,
section 1, chapter 95, Laws of 1915, sections 1 and 2, chapter
6, Laws of 1903 and sections 1 and 2, chapter 106, Laws of
1893;
(xv) Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, chapter 8, Laws of 1947;
(xvi) Sections 1 and 2, chapter 72, Laws of 1899, section
2327, Code of 1881, section 4, page 413, Laws of 1863 and
section 4, page 404, Laws of 1854; and
(xvii) Chapter 159, Laws of 1915 and sections 81.32.011
through 81.32.561, chapter 14, Laws of 1961.
(2) Transactions validly entered into before the effective
date specified in RCW 62A.10-101 and the rights, duties and
interests flowing from them remain valid thereafter and may
be terminated, completed, consummated or enforced as
required or permitted by any statute or other law amended or
repealed by this Title as though such repeal or amendment
had not occurred. [1965 ex.s. c 157 § 10-102.]
62A.10-103
62A.10-103 General repealer. Except as provided in
the following section, all acts and parts of acts inconsistent
with this Title are hereby repealed. [1965 ex.s. c 157 § 10103.]
62A.10-104
62A.10-104 Laws not repealed. The Article on Documents of Title (Article 7) does not repeal or modify any laws
prescribing the form or contents of documents of title or the
services or facilities to be afforded by bailees, or otherwise
regulating bailees’ businesses in respects not specifically
dealt with herein; but the fact that such laws are violated does
not affect the status of a document of title which otherwise
[Title 62A RCW—page 165]
Article 11
Title 62A RCW: Uniform Commercial Code
complies with the definition of a document of title (RCW
62A.1-201). [1995 c 48 § 71; 1965 ex.s. c 157 § 10-104.]
Savings—1995 c 48: See RCW 62A.8-601.
Effective date—1995 c 48: See RCW 62A.11-113.
Article 11
EFFECTIVE DATE AND TRANSITION PROVISIONS
Article 11
the Uniform Commercial Code as it existed before midnight
June 30, 1982 and which attached prior to midnight June 30,
1982 but was not perfected shall be deemed perfected on
midnight June 30, 1982 if the Uniform Commercial Code as
amended by chapter 41, Laws of 1981 permits perfection
without filing or authorizes filing in the office or offices
where a prior ineffective filing was made. [1981 c 41 § 40.]
Effective date—1981 c 41: See RCW 62A.11-101.
Sections
62A.11-105
62A.11-101
62A.11-102
62A.11-103
62A.11-104
62A.11-105
62A.11-106
62A.11-107
62A.11-108
62A.11-109
62A.11-110
62A.11-111
62A.11-112
62A.11-113
Effective date—1981 c 41.
Preservation of old transition provisions.
Transition to the Uniform Commercial Code as amended by
chapter 41, Laws of 1981; general rule.
Transition provision on change of requirement of filing.
Transition provision on change of place of filing.
Required refilings.
Transition provisions as to priorities.
Presumption that rule of law continues unchanged.
Effective financing statement; certificate by county auditor.
Effective date—1993 c 230.
Recovery of attorneys’ fees.
Effective date—1993 c 229.
Effective date—1995 c 48.
Reviser’s note: Throughout Article 11, "chapter 41, Laws of 1981" is a
translation of the term "this act."
62A.11-101
62A.11-101 Effective date—1981 c 41. This act shall
take effect at midnight on June 30, 1982. [1981 c 41 § 47.]
62A.11-102
62A.11-102 Preservation of old transition provisions.
The provisions of Article 10 shall continue to apply to the
Uniform Commercial Code as amended by chapter 41, Laws
of 1981 and for this purpose the Uniform Commercial Code
before midnight June 30, 1982 and the Uniform Commercial
Code as amended by chapter 41, Laws of 1981 shall be considered one continuous statute. [1981 c 41 § 38.]
Effective date—1981 c 41: See RCW 62A.11-101.
62A.11-103
62A.11-103 Transition to the Uniform Commercial
Code as amended by chapter 41, Laws of 1981; general
rule. Transactions validly entered into after June 30, 1967
and before midnight June 30, 1982, and which were subject
to the provisions of the Uniform Commercial Code as it
existed before midnight June 30, 1982 and which would be
subject to the Uniform Commercial Code as amended if they
had been entered into after midnight June 30, 1982 and the
rights, duties and interests flowing from such transactions
remain valid after midnight June 30, 1982 and may be terminated, completed, consummated or enforced as required or
permitted by the Uniform Commercial Code as amended by
chapter 41, Laws of 1981. Security interests arising out of
such transactions which are perfected by midnight June 30,
1982 shall remain perfected until they lapse as provided in
the Uniform Commercial Code as amended by chapter 41,
Laws of 1981, and may be continued as permitted by the Uniform Commercial Code as amended by chapter 41, Laws of
1981, except as stated in RCW 62A.11-105. [1981 c 41 §
39.]
Effective date—1981 c 41: See RCW 62A.11-101.
62A.11-104
62A.11-104 Transition provision on change of
requirement of filing. A security interest for the perfection
of which filing or the taking of possession was required under
[Title 62A RCW—page 166]
62A.11-105 Transition provision on change of place
of filing. (1) A financing statement or continuation statement
filed prior to midnight June 30, 1982 which shall not have
lapsed prior to midnight June 30, 1982, shall remain effective
for the period provided in the Uniform Commercial Code as
it existed before midnight June 30, 1982, but not less than
five years after the filing.
(2) With respect to any collateral acquired by the debtor
subsequent to midnight June 30, 1982, any effective financing statement or continuation statement described in this section shall apply only if the filing or filings are in the office or
offices that would be appropriate to perfect the security interests in the new collateral under chapter 41, Laws of 1981.
(3) The effectiveness of any financing statement or continuation statement filed prior to midnight June 30, 1982 may
be continued by a continuation statement as permitted by the
Uniform Commercial Code as amended by chapter 41, Laws
of 1981, except that if the Uniform Commercial Code as
amended by chapter 41, Laws of 1981 requires a filing in an
office where there was no previous financing statement, a
new financing statement conforming to RCW 62A.11-106
shall be filed in that office.
(4) If the record of a mortgage of real estate would have
been effective as a fixture filing of goods described therein if
the Uniform Commercial Code as amended by chapter 41,
Laws of 1981 had been in effect on the date of recording the
mortgage, the mortgage shall be deemed effective as a fixture
filing as to such goods under subsection (6) of *RCW 62A.9402 as amended by chapter 41, Laws of 1981 on midnight
June 30, 1982. [1981 c 41 § 41.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
Effective date—1981 c 41: See RCW 62A.11-101.
62A.11-106 Required refilings. (1) If a security interest is perfected or has priority on midnight June 30, 1982, as
to all persons or as to certain persons without any filing or
recording, and if the filing of a financing statement would be
required for the perfection or priority of the security interest
against those persons under the Uniform Commercial Code
as amended by chapter 41, Laws of 1981, the perfection and
priority rights of the security interest continue until three
years after midnight June 30, 1982. The perfection will then
lapse unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
(2) If a security interest is perfected when the Uniform
Commercial Code as amended by chapter 41, Laws of 1981
takes effect under a law other than the Uniform Commercial
Code which requires no further filing, refiling or recording to
continue its perfection, perfection continues until and will
62A.11-106
(2006 Ed.)
Effective Date and Transition Provisions
lapse three years after the Uniform Commercial Code as
amended by chapter 41, Laws of 1981 takes effect, unless a
financing statement is filed as provided in subsection (4) or
unless the security interest is perfected otherwise than by filing, or unless under subsection (3) of *RCW 62A.9-302 the
other law continues to govern filing.
(3) If a security interest is perfected by a filing, refiling
or recording under a law repealed by chapter 41, Laws of
1981 which required further filing, refiling or recording to
continue its perfection, perfection continues and will lapse on
the date provided by the law so repealed for such further filing, refiling or recording unless a financing statement is filed
as provided in subsection (4) or unless the security interest is
perfected otherwise than by filing.
(4) A financing statement may be filed within six months
before the perfection of a security interest would otherwise
lapse. Any such financing statement may be signed by either
the debtor or the secured party. It must identify the security
agreement, statement or notice (however denominated in any
statute or other law repealed or modified by chapter 41, Laws
of 1981), state the office where and the date when the last filing, refiling or recording, if any, was made with respect
thereto, and the filing number, if any, or book and page, if
any, of recording and further state that the security agreement, statement or notice, however denominated, in another
filing office under the Uniform Commercial Code or under
any statute or other law repealed or modified by chapter 41,
Laws of 1981 is still effective. *RCW 62A.9-401 and 62A.9103 determine the proper place to file such a financing statement. Except as specified in this subsection, the provisions of
*RCW 62A.9-403(3) for continuation statements apply to
such a financing statement. [1981 c 41 § 42.]
62A.11-113
ently effective financing statement filed with the county auditor’s office before midnight June 30, 1982, naming a particular debtor and any statement of assignment thereof and if
there is, giving the date and hour of filing of each such statement and the names and addresses of each secured party
therein. The uniform fee for such a certificate shall be four
dollars. Upon request the county auditor shall issue his certificate and shall furnish a copy of any filed financing statements or statements of assignment for a uniform fee of ten
dollars for each particular debtor’s statements requested.
[1981 c 41 § 45.]
Effective date—1981 c 41: See RCW 62A.11-101.
62A.11-110 Effective date—1993 c 230. This act shall
take effect July 1, 1994. [1993 c 230 § 2A-605.]
62A.11-110
62A.11-111 Recovery of attorneys’ fees. No provision
in this act changes or modifies existing common law or other
law of Washington state concerning the recovery of attorneys’ fees. [1993 c 229 § 119.]
62A.11-111
62A.11-112 Effective date—1993 c 229. This act shall
take effect July 1, 1994. [1993 c 229 § 120.]
62A.11-112
62A.11-113 Effective date—1995 c 48. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1995.
[1995 c 48 § 72.]
62A.11-113
Savings—1995 c 48: See RCW 62A.8-601.
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
Effective date—1981 c 41: See RCW 62A.11-101.
62A.11-107
62A.11-107 Transition provisions as to priorities.
Except as otherwise provided in this article, the Uniform
Commercial Code as it existed before midnight June 30, 1982
shall apply to any questions of priority if the positions of the
parties were fixed prior to midnight June 30, 1982. In other
cases questions of priority shall be determined by the Uniform Commercial Code as amended by chapter 41, Laws of
1981. [1981 c 41 § 43.]
Effective date—1981 c 41: See RCW 62A.11-101.
62A.11-108
62A.11-108 Presumption that rule of law continues
unchanged. Unless a change in law has clearly been made,
the provisions of the Uniform Commercial Code as amended
by chapter 41, Laws of 1981 shall be deemed declaratory of
the meaning of the Uniform Commercial Code as it existed
before midnight June 30, 1982. [1981 c 41 § 44.]
Effective date—1981 c 41: See RCW 62A.11-101.
62A.11-109
62A.11-109 Effective financing statement; certificate
by county auditor. From and after midnight June 30, 1982,
upon request of any person, the county auditor shall issue his
certificate showing whether there is on file with the county
auditor’s office on the date and hour stated therein, any pres(2006 Ed.)
[Title 62A RCW—page 167]
Title 63
Title 63
PERSONAL PROPERTY
Chapters
63.10
Consumer leases.
63.14
Retail installment sales of goods and services.
63.18
Lease or rental of personal property—Disclaimer of warranty of merchantability or
fitness.
63.19
Lease-purchase agreements.
63.21
Lost and found property.
63.24
Unclaimed property in hands of bailee.
63.26
Unclaimed property held by museum or historical society.
63.29
Uniform Unclaimed Property Act.
63.32
Unclaimed property in hands of city police.
63.35
Unclaimed property in hands of state patrol.
63.40
Unclaimed property in hands of sheriff.
63.42
Unclaimed inmate personal property.
63.44
Joint tenancies.
63.48
Escheat of postal savings system accounts.
63.52
Dies, molds, and forms.
63.60
Personality rights.
Attachment: Chapter 6.25 RCW.
Chattel mortgages: Article 62A.9A RCW.
Community property: Chapter 26.16 RCW.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Corporate shares issued or transferred in joint tenancy form—Presumption—Transfer pursuant to direction of survivor: RCW 23B.07.240.
County property: Chapter 36.34 RCW.
Credit life insurance and credit accident and health insurance: Chapter
48.34 RCW.
Duration of trusts for employee benefits: Chapter 49.64 RCW.
Enforcement of judgments: Title 6 RCW.
Fox, mink, marten declared personalty: RCW 16.72.030.
Frauds and swindles—Encumbered, leased or rented personal property:
RCW 9.45.060.
Intergovernmental disposition of personal property: Chapter 39.33 RCW.
Leases, satisfaction: Chapter 61.16 RCW.
Liens: Title 60 RCW.
Personal property sales, regulation of, generally: Titles 18 and 19 RCW.
Powers of appointment: Chapter 11.95 RCW.
Probate and trust law: Title 11 RCW.
Quieting title to personalty: RCW 7.28.310, 7.28.320.
Real property and conveyances: Title 64 RCW.
Replevin: Chapters 7.64, 12.28 RCW.
Safe deposit companies: Chapter 22.28 RCW.
Separate property: Chapter 26.16 RCW.
State institutions, property of inmates, residents: RCW 72.23.230 through
72.23.250.
Taxation
estate: Title 83 RCW.
excise: Title 82 RCW.
property: Title 84 RCW.
The Washington Principal and Income Act of 2002: Chapter 11.104A RCW.
Timeshare regulation: Chapter 64.36 RCW.
Transfers in trust: RCW 19.36.020.
(2006 Ed.)
Uniform transfers to minors act: Chapter 11.114 RCW.
Chapter 63.10
Chapter 63.10 RCW
CONSUMER LEASES
Sections
63.10.010
63.10.020
63.10.030
63.10.040
63.10.045
63.10.050
63.10.055
63.10.060
63.10.900
63.10.901
63.10.902
Legislative declaration.
Definitions.
Liability at expiration of lease—Residual value—Attorneys’
fees—Lease terms.
Lease contracts—Disclosure requirements.
Unlawful acts or practices—Consumer lease of a motor vehicle.
Violations—Unfair acts under consumer protection act—
Damages.
Remedies—Effect of chapter.
Defense or action of usury—Limitations.
Severability—1983 c 158.
Severability—1995 c 112.
Effective date—1995 c 112.
Installment sales contracts: Chapter 63.14 RCW.
63.10.010
63.10.010 Legislative declaration. The leasing of
motor vehicles, furniture and fixtures, appliances, commercial equipment, and other personal property has become an
important and widespread form of business transaction that is
beneficial to the citizens and to the economy of the state.
Users of personal property of all types and lessors throughout
the state have relied upon the distinct nature of leasing as a
modern means of transacting business that creates different
relationships and legal consequences from those of lender
and borrower in loan transactions and those of seller and
buyer in installment sale transactions. The utility of lease
transactions and the well-being of the state’s economy and of
the leasing industry require that leasing be a legally recognized and distinct form of transaction, creating legal relationships and having legal consequences different from loans or
installment sales. [1983 c 158 § 1.]
63.10.020
63.10.020 Definitions. As used in this chapter, unless
the context otherwise requires:
(1) The term "adjusted capitalized cost" means the
agreed-upon amount that serves as the basis for determining
the periodic lease payment, computed by subtracting from the
gross capitalized cost any capitalized cost reduction.
(2) The term "gross capitalized cost" means the amount
ascribed by the lessor to the vehicle including optional equipment, plus taxes, title, license fees, lease acquisition and
administrative fees, insurance premiums, warranty charges,
and any other product, service, or amount amortized in the
lease. However, any definition of gross capitalized cost
adopted by the federal reserve board to be used in the context
of mandatory disclosure of the gross capitalized cost to lessees in consumer motor vehicle lease transactions supersedes
the definition of gross capitalized cost in this subsection.
[Title 63 RCW—page 1]
63.10.030
Title 63 RCW: Personal Property
(3) The term "capitalized cost reduction" means any payment made by cash, check, or similar means, any manufacturer rebate, and net trade in allowance granted by the lessor
at the inception of the lease for the purpose of reducing the
gross capitalized cost but does not include any periodic lease
payments due at the inception of the lease or all of the periodic lease payments if they are paid at the inception of the
lease.
(4) The term "consumer lease" means a contract of lease
or bailment for the use of personal property by a natural person for a period of time exceeding four months, and for a total
contractual obligation not exceeding twenty-five thousand
dollars, primarily for personal, family, or household purposes, whether or not the lessee has the option to purchase or
otherwise become the owner of the property at the expiration
of the lease, except that such term shall not include any lease
which meets the definition of a retail installment contract
under RCW 63.14.010 or the definition of a lease-purchase
agreement under chapter 63.19 RCW. The twenty-five thousand dollar total contractual obligation in this subsection
shall not apply to consumer leases of motor vehicles. The
inclusion in a lease of a provision whereby the lessee’s or lessor’s liability, at the end of the lease period or upon an earlier
termination, is based on the value of the leased property at
that time, shall not be deemed to make the transaction other
than a consumer lease. The term "consumer lease" does not
include a lease for agricultural, business, or commercial purposes, or to a government or governmental agency or instrumentality, or to an organization.
(5) The term "lessee" means a natural person who leases
or is offered a consumer lease.
(6) The term "lessor" means a person who is regularly
engaged in leasing, offering to lease, or arranging to lease
under a consumer lease. [1998 c 113 § 1; 1995 c 112 § 1;
1992 c 134 § 15; 1983 c 158 § 2.]
Short title—Severability—1992 c 134: See RCW 63.19.900 and
63.19.901.
63.10.030
63.10.030 Liability at expiration of lease—Residual
value—Attorneys’ fees—Lease terms. (1) Where the lessee’s liability on expiration of a consumer lease is based on
the estimated residual value of the property, such estimated
residual value shall be a reasonable approximation of the
anticipated actual fair market value of the property on lease
expiration. There shall be a rebuttable presumption that the
estimated residual value is unreasonable to the extent that the
estimated residual value exceeds the actual residual value by
more than three times the average payment allocable to a
monthly period under the lease. In addition, where the lessee
has such liability on expiration of a consumer lease there
shall be a rebuttable presumption that the lessor’s estimated
residual value is not in good faith to the extent that the estimated residual value exceeds the actual residual value by
more than three times the average payment allocable to a
monthly period under the lease and such lessor shall not collect from the lessee the amount of such excess liability on
expiration of a consumer lease unless the lessor brings a successful action with respect to such excess liability. In all
actions, the lessor shall pay the lessee’s reasonable attorneys’
fees. The presumptions stated in this section shall not apply
to the extent the excess of estimated over actual residual
[Title 63 RCW—page 2]
value is due to physical damage to the property beyond reasonable wear and use, or to excessive use, and the lease may
set standards for such wear and use if such standards are not
unreasonable. Nothing in this subsection shall preclude the
right of a willing lessee to make any mutually agreeable final
adjustment with respect to such excess residual liability, provided such an agreement is reached after termination of the
lease.
(2) Penalties or other charges for delinquency, default, or
early termination may be specified in the lease but only at an
amount which is reasonable in the light of the anticipated or
actual harm caused by the delinquency, default, or early termination, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate
remedy.
(3) If a lease has a residual value provision at the termination of the lease, the lessee may obtain, at his expense, a
professional appraisal of the leased property by an independent third party agreed to be both parties. Such appraisal shall
be final and binding on the parties. [1983 c 158 § 3.]
63.10.040
63.10.040 Lease contracts—Disclosure requirements. (1) In any lease contract subject to this chapter, the
following items, as applicable, shall be disclosed:
(a) A brief description of the leased property, sufficient
to identify the property to the lessee and lessor.
(b) The total amount of any payment, such as a refundable security deposit paid by cash, check, or similar means,
advance payment, capitalized cost reduction, or any trade-in
allowance, appropriately identified, to be paid by the lessee at
consummation of the lease.
(c) The number, amount, and due dates or periods of
payments scheduled under the lease and the total amount of
the periodic payments.
(d) The total amount paid or payable by the lessee during
the lease term for official fees, registration, certificate of title,
license fees, or taxes.
(e) The total amount of all other charges, individually
itemized, payable by the lessee to the lessor, which are not
included in the periodic payments. This total includes the
amount of any liabilities the lease imposes upon the lessee at
the end of the term, but excludes the potential difference
between the estimated and realized values required to be disclosed under (m) of this subsection.
(f) A brief identification of insurance in connection with
the lease including (i) if provided or paid for by the lessor, the
types and amounts of coverages and cost to the lessee, or (ii)
if not provided or paid for by the lessor, the types and
amounts of coverages required of the lessee.
(g) A statement identifying any express warranties or
guarantees available to the lessee made by the lessor or manufacturer with respect to the leased property.
(h) An identification of the party responsible for maintaining or servicing the leased property together with a brief
description of the responsibility, and a statement of reasonable standards for wear and use, if the lessor sets such standards.
(i) A description of any security interest, other than a
security deposit disclosed under (b) of this subsection, held or
to be retained by the lessor in connection with the lease and a
(2006 Ed.)
Consumer Leases
clear identification of the property to which the security interest relates.
(j) The amount or method of determining the amount of
any penalty or other charge for delinquency, default, or late
payments.
(k) A statement of whether or not the lessee has the
option to purchase the leased property and, if at the end of the
lease term, at what price, and, if prior to the end of the lease
term, at what time, and the price or method of determining
the price.
(l) A statement of the conditions under which the lessee
or lessor may terminate the lease prior to the end of the lease
term and the amount or method of determining the amount of
any penalty or other charge for early termination.
(m) A statement that the lessee shall be liable for the difference between the estimated value of the property and its
realized value at early termination or the end of the lease
term, if such liability exists.
(n) Where the lessee’s liability at early termination or at
the end of the lease term is based on the estimated value of
the leased property, a statement that the lessee may obtain at
the end of the lease term or at early termination, at the lessee’s expense, a professional appraisal of the value which
could be realized at sale of the leased property by an independent third party agreed to by the lessee and the lessor, which
appraisal shall be final and binding on the parties.
(o) Where the lessee’s liability at the end of the lease
term is based upon the estimated value of the leased property:
(i) The value of the property at consummation of the
lease, the itemized total lease obligation at the end of the
lease term, and the difference between them.
(ii) That there is a rebuttable presumption that the estimated value of the leased property at the end of the lease term
is unreasonable and not in good faith to the extent that it
exceeds the realized value by more than three times the average payment allocable to a monthly period, and that the lessor
cannot collect the amount of such excess liability unless the
lessor brings a successful action in court in which the lessor
pays the lessee’s attorney’s fees, and that this provision
regarding the presumption and attorney’s fees does not apply
to the extent the excess of estimated value over realized value
is due to unreasonable wear or use, or excessive use.
(iii) A statement that the requirements of (o)(ii) of this
subsection do not preclude the right of a willing lessee to
make any mutually agreeable final adjustment regarding such
excess liability.
(p) In consumer leases of motor vehicles:
(i) The gross capitalized cost stated as a total and the
identity of the components listed in the definition of gross
capitalized cost and the respective amount of each component;
(ii) Any capitalized cost reduction stated as a total;
(iii) A statement of adjusted capitalized cost;
(iv) If the lessee trades in a motor vehicle, the amount of
any sales tax exemption for the agreed value of the traded
vehicle and any reduction in the periodic payments resulting
from the application of the sales tax exemption shall be disclosed in the lease contract; and
(v) A statement of the total amount to be paid prior to or
at consummation or by delivery, if delivery occurs after consummation. The lessor shall itemize each component by type
(2006 Ed.)
63.10.060
and amount and shall itemize how the total amount will be
paid, by type and amount.
(2) Where disclosures required under this chapter are the
same as those required under Title I of the federal consumer
protection act (90 Stat. 257, 15 U.S.C. Sec. 1667 et seq.),
which is also known as the federal consumer leasing act, as of
the date upon which the consumer lease is executed, disclosures complying with the federal consumer leasing act shall
be deemed to comply with the disclosure requirements of this
chapter. [1998 c 113 § 2; 1995 c 112 § 2; 1983 c 158 § 4.]
63.10.045
63.10.045 Unlawful acts or practices—Consumer
lease of a motor vehicle. Each of the following acts or practices are unlawful in the context of offering a consumer lease
of a motor vehicle:
(1) Advertising that is false, deceptive, misleading, or in
violation of *12 C.F.R. Sec. 213.5 (a) through (d) and 15
U.S.C. 1667, Regulation M;
(2) Misrepresenting any of the following:
(a) The material terms or conditions of a lease agreement;
(b) That the transaction is a purchase agreement as
opposed to a lease agreement; or
(c) The amount of any equity or value the leased vehicle
will have at the end of the lease; and
(3) Failure to comply with the disclosure requirements of
Title I of the federal consumer protection act (90 Stat. 257, 15
U.S.C. Sec. 1667 et seq.), which is also known as the federal
consumer leasing act, including, but not limited to, failure to
disclose all fees that will be due when a consumer exercises
the option to purchase. [1995 c 112 § 3.]
*Reviser’s note: 12 C.F.R. Sec. 213.5 (a) through (d) has been
amended. See 12 C.F.R. Sec. 213.7 (a) through (f).
63.10.050
63.10.050 Violations—Unfair acts under consumer
protection act—Damages. The legislature finds that the
practices covered by this chapter are matters vitally affecting
the public interest for the purpose of applying the consumer
protection act, chapter 19.86 RCW. Violations of this chapter
are not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or
deceptive act or practice in trade or commerce and an unfair
method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
Regarding damages awarded under this section, the court
may award damages allowed under chapter 19.86 RCW or 15
U.S.C. Sec. 1667d (a) and 15 U.S.C. Sec. 1640, but not both.
[1995 c 112 § 4; 1983 c 158 § 5.]
63.10.055
63.10.055 Remedies—Effect of chapter. The provisions of this chapter shall be cumulative and nonexclusive
and shall not affect any other remedy available at law or in
equity. [1995 c 112 § 5.]
63.10.060
63.10.060 Defense or action of usury—Limitations.
No person may plead the defense of usury or maintain any
action thereon based upon a transaction heretofore entered
into if such transaction:
(1) Constitutes a "consumer lease" as defined in RCW
63.10.020; or
[Title 63 RCW—page 3]
63.10.900
Title 63 RCW: Personal Property
(2) Would constitute such a consumer lease but for the
fact that:
(i) The lessee was not a natural person;
(ii) The lease was not primarily for personal, family, or
household purposes; or
(iii) The total contractual obligation exceeded twentyfive thousand dollars. [1983 c 158 § 8.]
63.14.152
63.14.154
63.14.156
63.14.158
63.14.159
63.14.160
63.14.165
63.14.167
63.10.900
63.10.900 Severability—1983 c 158. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 158 § 9.]
63.10.901
63.10.901 Severability—1995 c 112. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1995 c 112 § 6.]
63.10.902 Effective date—1995 c 112. This act shall
take effect January 1, 1996. [1995 c 112 § 7.]
63.10.902
Chapter 63.14 RCW
RETAIL INSTALLMENT SALES OF GOODS
AND SERVICES
Chapter 63.14
63.14.170
63.14.175
63.14.180
63.14.190
63.14.200
63.14.210
63.14.900
63.14.901
63.14.902
63.14.903
63.14.904
63.14.910
63.14.920
63.14.921
63.14.922
63.14.923
63.14.924
63.14.925
63.14.926
Declaratory judgment action to establish if service charge is
excessive.
Cancellation of transaction by buyer—Procedure.
Extension or deferment of payments—Agreement, charges.
Refinancing agreements—Costs—Contents.
New payment schedule—When authorized.
Conduct or agreement of buyer does not waive remedies.
Financial institution credit card agreement not subject to chapter 63.14 RCW, but subject to chapter 19.52 RCW.
Lender credit card agreements and financial institution credit
card agreements—Credit to account for returned goods or
forgiveness of a debit for services—Statement of credit to
card issuer—Notice to cardholder.
Violations—Penalties.
Violations—Remedies.
Noncomplying person barred from recovery of service charge,
etc.—Remedy of buyer—Extent of recovery.
Restraint of violations.
Assurance of discontinuance of unlawful practices.
Violation of order or injunction—Penalty.
Severability—1963 c 236.
Severability—1967 c 234.
Severability—1981 c 77.
Application, saving—1981 c 77.
Severability—1984 c 280.
Saving—1963 c 236.
Effective date—1963 c 236.
Effective date—Saving—1967 c 234.
Effective date—1993 sp.s. c 5.
Severability—1993 sp.s. c 5.
Application—1995 c 249.
Savings—1995 c 249.
Effective date—1995 c 249.
Consumer leases: Chapter 63.10 RCW.
Interest—Usury: Chapter 19.52 RCW.
63.14.010 Definitions. In this chapter, unless the context otherwise requires:
(1) "Goods" means all chattels personal when purchased
primarily for personal, family, or household use and not for
commercial or business use, but not including money or,
except as provided in the next sentence, things in action. The
term includes but is not limited to merchandise certificates or
coupons, issued by a retail seller, to be used in their face
amount in lieu of cash in exchange for goods or services sold
by such a seller and goods which, at the time of sale or subsequently, are to be so affixed to real property as to become a
part thereof, whether or not severable therefrom;
(2) "Lender credit card" means a card or device under a
lender credit card agreement pursuant to which the issuer
gives to a cardholder residing in this state the privilege of
obtaining credit from the issuer or other persons in purchasing or leasing property or services, obtaining loans, or otherwise, and the issuer of which is not: (a) Principally engaged
in the business of selling goods; or (b) a financial institution;
(3) "Lender credit card agreement" means an agreement
entered into or performed in this state prescribing the terms of
retail installment transactions pursuant to which the issuer
may, with the buyer’s consent, purchase or acquire one or
more retail sellers’ indebtedness of the buyer under a sales
slip or memorandum evidencing the purchase, lease, loan, or
otherwise to be paid in accordance with the agreement. The
issuer of a lender credit card agreement shall not be principally engaged in the business of selling goods or be a financial institution;
(4) "Financial institution" means any bank or trust company, mutual savings bank, credit union, or savings and loan
association organized pursuant to the laws of any one of the
United States of America or the United States of America, or
the laws of a foreign country if also qualified to conduct busi63.14.010
Sections
63.14.010
63.14.020
63.14.030
63.14.040
63.14.043
63.14.050
63.14.060
63.14.070
63.14.080
63.14.090
63.14.100
63.14.110
63.14.120
63.14.123
63.14.125
63.14.130
63.14.136
63.14.140
63.14.145
63.14.150
63.14.151
Definitions.
Retail installment contracts—Number of documents—Promissory notes—Date—Signatures—Completion—Type size.
Retail installment contracts—Delivery to buyer of copy—
Acknowledgment of delivery.
Retail installment contracts—Contents.
Retail installment contracts—Purchase of motor vehicle.
Retail installment contracts—Multiple documents permissible
where original applies to purchases from time to time.
Retail installment contracts—Mail orders based on catalog or
other printed solicitation.
Retail installment contracts—Seller not to obtain buyer’s signature when essential blank spaces not filled—Exceptions.
Retail installment contracts—Prepayment in full of unpaid
time balance—Refund of unearned service charge—"Rule of
seventy-eighths".
Retail installment contracts, retail charge agreements, and
lender credit card agreements—Delinquency or collection
charges—Attorney’s fees, court costs—Other provisions not
inconsistent with chapter are permissible.
Receipt for cash payment—Retail installment contracts, statement of payment schedule and total amount unpaid.
Consolidation of subsequent purchases with previous contract.
Retail charge agreements and lender credit card agreements—
Information to be furnished by seller.
Restrictions on electronically printed credit card receipts.
Lender credit card agreements—Security interests prohibited.
Retail installment contracts, retail charge agreements, and
lender credit card agreements—Service charge agreed to by
contract—Other fees and charges prohibited.
Retail installment transaction—Unconscionable—Judicial
action.
Retail installment contracts, retail charge agreements, and
lender credit card agreements—Insurance.
Retail installment contracts and charge agreements—Sale,
transfer, or assignment.
Retail installment contracts, retail charge agreements, and
lender credit card agreements—Agreements by buyer not to
assert claim or defense or to submit to suit in another county
invalid.
Retail installment contracts, retail charge agreements, and
lender credit card agreements—Compliance with disclosure
requirements of federal consumer protection act deemed
compliance with chapter 63.14 RCW.
[Title 63 RCW—page 4]
(2006 Ed.)
Retail Installment Sales of Goods and Services
ness in any one of the United States of America or pursuant
to the laws of the United States of America;
(5) "Services" means work, labor, or services of any kind
when purchased primarily for personal, family, or household
use and not for commercial or business use whether or not
furnished in connection with the delivery, installation, servicing, repair, or improvement of goods and includes repairs,
alterations, or improvements upon or in connection with real
property, but does not include services for which the price
charged is required by law to be determined or approved by
or to be filed, subject to approval or disapproval, with the
United States or any state, or any department, division,
agency, officer, or official of either as in the case of transportation services;
(6) "Retail buyer" or "buyer" means a person who buys
or agrees to buy goods or obtain services or agrees to have
services rendered or furnished, from a retail seller;
(7) "Retail seller" or "seller" means a person engaged in
the business of selling goods or services to retail buyers;
(8) "Retail installment transaction" means any transaction in which a retail buyer purchases goods or services from
a retail seller pursuant to a retail installment contract, a retail
charge agreement, or a lender credit card agreement, as
defined in this section, which provides for a service charge,
as defined in this section, and under which the buyer agrees
to pay the unpaid principal balance in one or more installments or which provides for no service charge and under
which the buyer agrees to pay the unpaid balance in more
than four installments;
(9) "Retail installment contract" or "contract" means a
contract, other than a retail charge agreement, a lender credit
card agreement, or an instrument reflecting a sale made pursuant thereto, entered into or performed in this state for a
retail installment transaction. The term "retail installment
contract" may include a chattel mortgage, a conditional sale
contract, and a contract in the form of a bailment or a lease if
the bailee or lessee contracts to pay as compensation for their
use a sum substantially equivalent to or in excess of the value
of the goods sold and if it is agreed that the bailee or lessee is
bound to become, or for no other or a merely nominal consideration, has the option of becoming the owner of the goods
upon full compliance with the provisions of the bailment or
lease. The term "retail installment contract" does not include:
(a) A "consumer lease," heretofore or hereafter entered into,
as defined in RCW 63.10.020; (b) a lease which would constitute such "consumer lease" but for the fact that: (i) It was
entered into before April 29, 1983; (ii) the lessee was not a
natural person; (iii) the lease was not primarily for personal,
family, or household purposes; or (iv) the total contractual
obligations exceeded twenty-five thousand dollars; or (c) a
lease-purchase agreement under chapter 63.19 RCW;
(10) "Retail charge agreement," "revolving charge
agreement," or "charge agreement" means an agreement
between a retail buyer and a retail seller that is entered into or
performed in this state and that prescribes the terms of retail
installment transactions with one or more sellers which may
be made thereunder from time to time and under the terms of
which a service charge, as defined in this section, is to be
computed in relation to the buyer’s unpaid balance from time
to time;
(2006 Ed.)
63.14.020
(11) "Service charge" however denominated or
expressed, means the amount which is paid or payable for the
privilege of purchasing goods or services to be paid for by the
buyer in installments over a period of time. It does not
include the amount, if any, charged for insurance premiums,
delinquency charges, attorneys’ fees, court costs, any vehicle
dealer administrative fee under RCW 46.12.042, any vehicle
dealer documentary service fee under RCW 46.70.180(2), or
official fees;
(12) "Sale price" means the price for which the seller
would have sold or furnished to the buyer, and the buyer
would have bought or obtained from the seller, the goods or
services which are the subject matter of a retail installment
transaction. The sale price may include any taxes, registration and license fees, any vehicle dealer administrative fee,
any vehicle dealer documentary service fee, and charges for
transferring vehicle titles, delivery, installation, servicing,
repairs, alterations, or improvements;
(13) "Official fees" means the amount of the fees prescribed by law and payable to the state, county, or other governmental agency for filing, recording, or otherwise perfecting, and releasing or satisfying, a retained title, lien, or other
security interest created by a retail installment transaction;
(14) "Time balance" means the principal balance plus the
service charge;
(15) "Principal balance" means the sale price of the
goods or services which are the subject matter of a retail
installment contract less the amount of the buyer’s down payment in money or goods or both, plus the amounts, if any,
included therein, if a separate identified charge is made therefor and stated in the contract, for insurance, any vehicle
dealer administrative fee, any vehicle dealer documentary
service fee, and official fees; and the amount actually paid or
to be paid by the retail seller pursuant to an agreement with
the buyer to discharge a security interest or lien on like-kind
goods traded in or lease interest in the circumstance of a lease
for like goods being terminated in conjunction with the sale
pursuant to a retail installment contract;
(16) "Person" means an individual, partnership, joint
venture, corporation, association, or any other group, however organized;
(17) "Rate" means the percentage which, when multiplied times the outstanding balance for each month or other
installment period, yields the amount of the service charge
for such month or period. [2003 c 368 § 2; 1999 c 113 § 1;
1997 c 331 § 6; 1993 sp.s. c 5 § 1; 1992 c 134 § 16; 1984 c
280 § 1; 1983 c 158 § 7; 1981 c 77 § 1; 1972 ex.s. c 47 § 1;
1963 c 236 § 1.]
Effective date—1997 c 331: See note following RCW 70.168.135.
Short title—Severability—1992 c 134: See RCW 63.19.900 and
63.19.901.
Severability—1983 c 158: See RCW 63.10.900.
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
Effective date—1972 ex.s. c 47: "This 1972 amendatory act shall take
effect on January 1, 1973." [1972 ex.s. c 47 § 5.]
63.14.020
63.14.020 Retail installment contracts—Number of
documents—Promissory notes—Date—Signatures—
Completion—Type size. Every retail installment contract
shall be contained in a single document which shall contain
[Title 63 RCW—page 5]
63.14.030
Title 63 RCW: Personal Property
the entire agreement of the parties including any promissory
notes or other evidences of indebtedness between the parties
relating to the transaction, except as provided in RCW
63.14.050, 63.14.060 and 63.14.110: PROVIDED, That
where the buyer’s obligation to pay the time balance is represented by a promissory note secured by a chattel mortgage,
the promissory note may be a separate instrument if the mortgage recites the amount and terms of payment of such note
and the promissory note recites that it is secured by a mortgage: PROVIDED FURTHER, That any such promissory
note or other evidence of indebtedness executed by the buyer
shall not, when assigned or negotiated, cut off as to third parties any right of action or defense which the buyer may have
against the seller, and each such promissory note or other evidence of indebtedness shall contain a statement to that effect:
AND PROVIDED FURTHER, That in a transaction involving the repair, alteration or improvement upon or in connection with real property, the contract may be secured by a
mortgage on the real property contained in a separate document. Home improvement retail sales transactions which are
financed or insured by the Federal Housing Administration
are not subject to this chapter.
The contract shall be dated, signed by the retail buyer
and completed as to all essential provisions, except as otherwise provided in RCW 63.14.060 and 63.14.070. The printed
or typed portion of the contract, other than instructions for
completion, shall be in a size equal to at least eight point type.
[1967 c 234 § 1; 1963 c 236 § 2.]
63.14.030
63.14.030 Retail installment contracts—Delivery to
buyer of copy—Acknowledgment of delivery. The retail
seller shall deliver to the retail buyer, at the time the buyer
signs the contract a copy of the contract as signed by the
buyer, unless the contract is completed by the buyer in situations covered by RCW 63.14.060, and if the contract is
accepted at a later date by the seller the seller shall mail to the
buyer at his address shown on the retail installment contract a
copy of the contract as accepted by the seller or a copy of the
memorandum as required in RCW 63.14.060. Until the seller
does so, the buyer shall be obligated to pay only the sale
price. Any acknowledgment by the buyer of delivery of a
copy of the contract shall be in a size equal to at least ten
point bold type and, if contained in the contract, shall appear
directly above the buyer’s signature. [1981 c 77 § 2; 1967 c
234 § 2; 1963 c 236 § 3.]
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
63.14.040 Retail installment contracts—Contents.
(1) The retail installment contract shall contain the names of
the seller and the buyer, the place of business of the seller, the
residence or other address of the buyer as specified by the
buyer and a description or identification of the goods sold or
to be sold, or service furnished or rendered or to be furnished
or rendered. The contract also shall contain the following
items, which shall be set forth in the sequence appearing
below:
(a) The sale price of each item of goods or services;
(b) The amount of the buyer’s down payment, if any,
identifying the amounts paid in money and allowed for goods
traded in;
63.14.040
[Title 63 RCW—page 6]
(c) The difference between items (a) and (b);
(d) The aggregate amount, if any, included for insurance,
specifying the type or types of insurance and the terms of
coverage;
(e) The aggregate amount of official fees, if any;
(f) The amount, if any, actually paid or to be paid by the
retail seller pursuant to an agreement with the buyer to discharge a security interest or lien on like-kind goods traded in
or lease interest in the circumstance of a lease for like goods
being terminated in conjunction with the sale pursuant to a
retail installment contract;
(g) The principal balance, which is the sum of items (c),
(d), (e), and (f);
(h) The dollar amount or rate of the service charge;
(i) The amount of the time balance owed by the buyer to
the seller, which is the sum of items (g) and (h), if (h) is stated
in a dollar amount; and
(j) Except as otherwise provided in the next two sentences, the maximum number of installment payments
required and the amount of each installment and the due date
of each payment necessary to pay such balance. If installment
payments other than the final payment are stated as a series of
equal scheduled amounts and if the amount of the final
installment payment does not substantially exceed the scheduled amount of each preceding installment payment, the maximum number of payments and the amount and due date of
each payment need not be separately stated and the amount of
the scheduled final installment payment may be stated as the
remaining unpaid balance. The due date of the first installment payment may be fixed by a day or date or may be fixed
by reference to the date of the contract or to the time of delivery or installation.
Additional items may be included to explain the calculations involved in determining the balance to be paid by the
buyer.
(2) Every retail installment contract shall contain the following notice in ten point bold face type or larger directly
above the space reserved in the contract for the signature of
the buyer: "NOTICE TO BUYER:
(a) Do not sign this contract before you read it or if any
spaces intended for the agreed terms, except as to unavailable
information, are blank.
(b) You are entitled to a copy of this contract at the time
you sign it.
(c) You may at any time pay off the full unpaid balance
due under this contract, and in so doing you may receive a
partial rebate of the service charge.
(d) The service charge does not exceed . . . .% (must be
filled in) per annum computed monthly.
(e) You may cancel this contract if it is solicited in person, and you sign it, at a place other than the seller’s business
address shown on the contract, by sending notice of such cancellation by certified mail return receipt requested to the
seller at his address shown on the contract which notice shall
be posted not later than midnight of the third day (excluding
Sundays and holidays) following your signing this contract.
If you choose to cancel this contract, you must return or make
available to the seller at the place of delivery any merchandise, in its original condition, received by you under this contract."
(2006 Ed.)
Retail Installment Sales of Goods and Services
Clause (2)(e) needs to be included in the notice only if
the contract is solicited in person by the seller or his representative, and the buyer signs it, at a place other than the seller’s
business address shown on the contract. [1999 c 113 § 2;
1981 c 77 § 3; 1972 ex.s. c 47 § 2; 1969 c 2 § 1 (Initiative
Measure No. 245, approved November 5, 1968); 1967 c 234
§ 3; 1963 c 236 § 4.]
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
63.14.043
63.14.043 Retail installment contracts—Purchase of
motor vehicle. If a retail installment contract for the purchase of a motor vehicle meets the requirements of this chapter and meets the requirements of any federal law applicable
to a retail installment contract for the purchase of a motor
vehicle, the retail installment contract shall be accepted for
consideration by any lender, except for lenders licensed and
regulated under the provisions of chapter 31.04 RCW, to
whom application for credit relating to the retail installment
contract is made. [2006 c 288 § 1.]
63.14.050
63.14.050 Retail installment contracts—Multiple
documents permissible where original applies to purchases from time to time. A retail installment contract may
be contained in more than one document, provided that one
such document shall be an original document signed by the
retail buyer, stated to be applicable to purchases of goods or
services to be made by the retail buyer from time to time. In
such case such document, together with the sales slip,
account book or other written statement relating to each purchase, shall set forth all of the information required by RCW
63.14.040 and shall constitute the retail installment contract
for each purchase. On each succeeding purchase pursuant to
such original document, the sales slip, account book or other
written statement may at the option of the seller constitute the
memorandum required by RCW 63.14.110. [1963 c 236 § 5.]
63.14.060
63.14.060 Retail installment contracts—Mail orders
based on catalog or other printed solicitation. Retail
installment contracts negotiated and entered into by mail or
telephone without solicitation in person by salesmen or other
representatives of the seller and based upon a catalog of the
seller, or other printed solicitation of business, if such catalog
or other printed solicitation clearly sets forth the cash sale
prices and other terms of sales to be made through such
medium, may be made as provided in this section. The provisions of this chapter with respect to retail installment contracts shall be applicable to such sales, except that the retail
installment contract, when completed by the buyer need not
contain the items required by RCW 63.14.040.
When the contract is received from the retail buyer, the
seller shall prepare a written memorandum containing all of
the information required by RCW 63.14.040 to be included in
a retail installment contract. In lieu of delivering a copy of the
contract to the retail buyer as provided in RCW 63.14.030,
the seller shall deliver to the buyer a copy of such memorandum prior to the due date of the first installment payable
under the contract: PROVIDED, That if the catalog or other
printed solicitation does not set forth all of the other terms of
sales in addition to the cash sales prices, such memorandum
(2006 Ed.)
63.14.090
shall be delivered to the buyer prior to or at the time of delivery of the goods or services. [1967 c 234 § 4; 1963 c 236 § 6.]
63.14.070
63.14.070 Retail installment contracts—Seller not to
obtain buyer’s signature when essential blank spaces not
filled—Exceptions. The seller shall not obtain the signature
of the buyer to any contract when it contains blank spaces of
items which are essential provisions of the transaction except
as provided in RCW 63.14.060: PROVIDED, HOWEVER,
That if delivery of the goods is not made at the time of the
execution of the contract, the identifying numbers or marks
of the goods or similar information and the due date of the
first installment may be inserted by the seller in the seller’s
counterpart of the contract after it has been signed by the
buyer. [1963 c 236 § 7.]
63.14.080
63.14.080 Retail installment contracts—Prepayment
in full of unpaid time balance—Refund of unearned service charge—"Rule of seventy-eighths". For the purpose
of this section "periodic time balance" means the unpaid portion of the time balance as of the last day of each month, or
other uniform time interval established by the regular consecutive payment period scheduled in a retail installment contract.
Notwithstanding the provisions of any retail installment
contract to the contrary, and if the rights of the purchaser
have not been terminated or forfeited under the terms of the
contract, any buyer may prepay in full the unpaid portion of
the time balance thereof at any time before its final due date
and, if he does so, he shall receive a refund credit of the
unearned portion of the service charge for such prepayment.
The amount of such refund credit shall be computed according to the "rule of seventy-eighths", that is it shall represent at
least as great a portion of the original service charge, as the
sum of the periodic time balances not yet due bears to the sum
of all the periodic time balances under the schedule of payments in the contract: PROVIDED, That where the earned
service charge (total service charge minus refund credit) thus
computed is less than the following minimum service charge:
fifteen dollars where the principal balance is not in excess of
two hundred and fifty dollars, twenty-five dollars where the
principal balance exceeds two hundred and fifty dollars but is
not in excess of five hundred dollars, thirty-seven dollars and
fifty cents where the principal balance exceeds five hundred
dollars but is not in excess of one thousand dollars, and fifty
dollars where the principal balance exceeds one thousand
dollars; then such minimum service charge shall be deemed
to be the earned service charge: AND PROVIDED FURTHER, That where the amount of such refund credit is less
than one dollar, no refund credit need be made. [1967 c 234
§ 5; 1963 c 236 § 8.]
63.14.090
63.14.090 Retail installment contracts, retail charge
agreements, and lender credit card agreements—Delinquency or collection charges—Attorney’s fees, court
costs—Other provisions not inconsistent with chapter are
permissible. (1) The holder of any retail installment contract, retail charge agreement, or lender credit card agreement
may not collect any delinquency or collection charges,
including any attorney’s fee and court costs and disburse[Title 63 RCW—page 7]
63.14.100
Title 63 RCW: Personal Property
ments, unless the contract, charge agreement, or lender credit
card agreement so provides. In such cases, the charges shall
be reasonable, and no attorney’s fee may be recovered unless
the contract, charge agreement, or lender credit card agreement is referred for collection to an attorney not a salaried
employee of the holder.
(2) The contract, charge agreement, or lender credit card
agreement may contain other provisions not inconsistent with
the purposes of this chapter, including but not limited to provisions relating to refinancing, transfer of the buyer’s equity,
construction permits, and title reports.
(3) Notwithstanding subsection (1) of this section, where
the minimum payment is received within the ten days following the payment due date, delinquency charges for the late
payment of a retail charge agreement or lender credit card
agreement may not be more than ten percent of the average
balance of the delinquent account for the prior thirty-day
period when the average balance of the account for the prior
thirty-day period is less than one hundred dollars, except that
a minimum charge of up to two dollars shall be allowed. This
subsection (3) shall not apply in cases where the payment on
the account is more than thirty days overdue. [1993 c 481 §
1; 1984 c 280 § 2; 1963 c 236 § 9.]
63.14.100
63.14.100 Receipt for cash payment—Retail installment contracts, statement of payment schedule and total
amount unpaid. A buyer shall be given a written receipt for
any payment when made in cash. Upon written request of the
buyer, the holder of a retail installment contract shall give or
forward to the buyer a written statement of the dates and
amounts of payments and the total amount unpaid under the
contract. Such a statement shall be given the buyer once without charge; if any additional statement is requested by the
buyer, it shall be supplied by the holder at a charge not in
excess of one dollar for each additional statement so supplied. [1963 c 236 § 10.]
63.14.110
63.14.110 Consolidation of subsequent purchases
with previous contract. (1) If, in a retail installment transaction, a retail buyer makes any subsequent purchases of
goods or services from a retail seller from whom he has previously purchased goods or services under one or more retail
installment contracts, and the amounts under such previous
contract or contracts have not been fully paid, the subsequent
purchases may, at the seller’s option, be included in and consolidated with one or more of the previous contracts. All the
provisions of this chapter with respect to retail installment
contracts shall be applicable to such subsequent purchases
except as hereinafter stated in this subsection. In the event of
such consolidation, in lieu of the buyer’s executing a retail
installment contract respecting each subsequent purchase, as
provided in this section, it shall be sufficient if the seller shall
prepare a written memorandum of each such subsequent purchase, in which case the provisions of RCW 63.14.020,
63.14.030 and 63.14.040 shall not be applicable. Unless previously furnished in writing to the buyer by the seller, by
sales slip, memoranda or otherwise, such memorandum shall
set forth with respect to each subsequent purchase items (a) to
(h) inclusive of RCW 63.14.040(1), and in addition, if the
service charge is stated as a dollar amount, the amount of the
[Title 63 RCW—page 8]
time balance owed by the buyer to the seller for the subsequent purchase, the outstanding balance of the previous contract or contracts, the consolidated time balance, and the
revised installments applicable to the consolidated time balance, if any, in accordance with RCW 63.14.040. If the service charge is not stated in a dollar amount, in addition to the
items (a) to (h) inclusive of RCW 63.14.040(1), the memorandum shall set forth the outstanding balance of the previous
contract or contracts, the consolidated outstanding balance
and the revised installments applicable to the consolidated
outstanding balance, in accordance with RCW 63.14.040.
The seller shall deliver to the buyer a copy of such memorandum prior to the due date of the first installment of such
consolidated contract.
(2) When such subsequent purchases are made, if the
seller has retained title or taken a lien or other security interest in any of the goods purchased under any one of the contracts included in the consolidation:
(a) The entire amount of all payments made prior to such
subsequent purchases shall be deemed to have been applied
on the previous purchases;
(b) The amount of any down payment on the subsequent
purchase shall be allocated in its entirety to such subsequent
purchase;
(c) Each payment received after the subsequent purchase
shall be deemed to be allocated to all of the various time balances in the same proportion or ratio as the original cash sale
prices of the various retail installment transactions bear to
one another: PROVIDED, That the seller may elect, where
the amount of each installment payment is increased in connection with the subsequent purchase, to allocate only the
increased amount to the time balance of the subsequent retail
installment transaction, and to allocate the amount of each
installment payment prior to the increase to the time balance(s) existing at the time of the subsequent purchase.
The provisions of this subsection shall not apply to cases
where such previous and subsequent purchases involve
equipment, parts, or other goods attached or affixed to goods
previously purchased and not fully paid, or to services in connection therewith rendered by the seller at the buyer’s
request. [1999 c 113 § 3; 1967 c 234 § 6; 1963 c 236 § 11.]
63.14.120
63.14.120 Retail charge agreements and lender
credit card agreements—Information to be furnished by
seller. (1) At or prior to the time a retail charge agreement or
lender credit card agreement is made the seller shall advise
the buyer in writing, on the application form or otherwise, or
orally that a service charge will be computed on the outstanding balance for each month (which need not be a calendar
month) or other regular period agreed upon, the schedule or
rate by which the service charge will be computed, and that
the buyer may at any time pay his or her total unpaid balance:
PROVIDED, That if this information is given orally, the
seller shall, upon approval of the buyer’s credit, deliver to the
buyer or mail to the buyer’s address, a memorandum setting
forth this information.
(2) The seller or holder of a retail charge agreement or
lender credit card agreement shall promptly supply the buyer
with a statement as of the end of each monthly period (which
need not be a calendar month) or other regular period agreed
(2006 Ed.)
Retail Installment Sales of Goods and Services
upon, in which there is any unpaid balance thereunder, which
statement shall set forth the following:
(a) The unpaid balance under the retail charge agreement
or lender credit card agreement at the beginning and at the
end of the period;
(b) Unless otherwise furnished by the seller to the buyer
by sales slip, memorandum, or otherwise, a description or
identification of the goods or services purchased during the
period, the sale price, and the date of each purchase;
(c) The payments made by the buyer to the seller and any
other credits to the buyer during the period;
(d) The amount, if any, of any service charge for such
period; and
(e) A legend to the effect that the buyer may at any time
pay his or her total unpaid balance.
(3) Every retail charge agreement shall contain the following notice in ten point bold face type or larger directly
above the space reserved in the charge agreement for the signature of the buyer: NOTICE TO BUYER:
(a) Do not sign this retail charge agreement before you
read it or if any spaces intended for the agreed terms are left
blank.
(b) You are entitled to a copy of this charge agreement at
the time you sign it.
(c) You may at any time pay off the full unpaid balance
under this charge agreement.
(d) You may cancel any purchases made under this
charge agreement if the seller or his representative solicited
in person such purchase, and you sign an agreement for such
purchase, at a place other than the seller’s business address
shown on the charge agreement, by sending notice of such
cancellation by certified mail return receipt requested to the
seller at his address shown on the charge agreement, which
notice shall be posted not later than midnight of the third day
(excluding Sundays and holidays) following your signing of
the purchase agreement. If you choose to cancel this purchase, you must return or make available to seller at the place
of delivery any merchandise, in its original condition,
received by you under this purchase agreement. [1984 c 280
§ 3; 1981 c 77 § 4; 1972 ex.s. c 47 § 3; 1969 c 2 § 2 (Initiative
Measure No. 245, approved November 5, 1968); 1967 c 234
§ 7; 1963 c 236 § 12.]
63.14.136
Severability—Effective date—2000 c 163: See RCW 19.200.900 and
19.200.901.
63.14.125
63.14.125 Lender credit card agreements—Security
interests prohibited. A lender credit card agreement may
not contain any provision for a security interest in real or personal property or fixtures of the buyer to secure payment of
performance of the buyer’s obligation under the lender credit
card agreement. [1984 c 280 § 4.]
63.14.130
63.14.130 Retail installment contracts, retail charge
agreements, and lender credit card agreements—Service
charge agreed to by contract—Other fees and charges
prohibited. The service charge shall be inclusive of all
charges incident to investigating and making the retail installment contract or charge agreement and for the privilege of
making the installment payments thereunder and no other fee,
expense or charge whatsoever shall be taken, received,
reserved or contracted therefor from the buyer, except for any
vehicle dealer administrative fee under RCW 46.12.042 or
for any vehicle dealer documentary service fee under RCW
46.70.180(2).
(1) The service charge, in a retail installment contract,
shall not exceed the dollar amount or rate agreed to by contract and disclosed under RCW 63.14.040(1)(h).
(2) The service charge in a retail charge agreement,
revolving charge agreement, lender credit card agreement, or
charge agreement, shall not exceed the schedule or rate
agreed to by contract and disclosed under RCW
63.14.120(1). If the service charge so computed is less than
one dollar for any month, then one dollar may be charged.
[2003 c 368 § 3; 1999 c 113 § 4; 1997 c 331 § 7; 1992 c 193
§ 1. Prior: 1989 c 112 § 1; 1989 c 14 § 5; 1987 c 318 § 1;
1984 c 280 § 5; 1981 c 77 § 5; 1969 c 2 § 3 (Initiative Measure No. 245, approved November 5, 1968); 1967 c 234 § 8;
1963 c 236 § 13.]
Effective date—1997 c 331: See note following RCW 70.168.135.
Effective date—1987 c 318: "This act shall take effect January 1,
1988." [1987 c 318 § 2.]
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
63.14.136
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
63.14.123
63.14.123 Restrictions on electronically printed
credit card receipts. (1) A retailer shall not print more than
the last five digits of the credit card account number or print
the credit card expiration date on a credit card receipt to the
cardholder.
(2) This section shall apply only to receipts that are electronically printed and shall not apply to transactions in which
the sole means of recording the credit card number is by
handwriting or by an imprint or copy of the credit card.
(3) This section applies on July 1, 2001, to any cash register or other machine or device that electronically prints
receipts on credit card transactions and is placed into service
on or after July 1, 2001, and on July 1, 2004, to any cash register or other machine or device that electronically prints
receipts on credit card transactions and is placed into service
prior to July 1, 2001. [2000 c 163 § 2.]
(2006 Ed.)
63.14.136 Retail installment transaction—Unconscionable—Judicial action. (1) With respect to a retail
installment transaction, as defined in RCW 63.14.010(8), if
the court as a matter of law finds the agreement or contract,
or any clause in the agreement or contract, to have been
unconscionable at the time it was made, the court may refuse
to enforce the agreement or contract, may enforce the remainder of the agreement or contract, or may limit the application
of any unconscionable clause to avoid an unconscionable
result.
(2) If it is claimed or it appears to the court that the agreement or contract, or any clause in the agreement or contract,
may be unconscionable, the parties shall be given a reasonable opportunity to present evidence as to its setting, purpose,
and effect to assist the court in making a determination
regarding unconscionability.
(3) For the purpose of this section, a charge or practice
expressly permitted by this chapter is not in itself unconscionable. [1995 c 249 § 4.]
[Title 63 RCW—page 9]
63.14.140
Title 63 RCW: Personal Property
63.14.140
63.14.140 Retail installment contracts, retail charge
agreements, and lender credit card agreements—Insurance. If the cost of any insurance is included in the retail
installment contract, retail charge agreement, or lender credit
card agreement:
(1) The contract or agreement shall state the nature, purpose, term, and amount of such insurance, and in connection
with the sale of a motor vehicle, the contract shall state that
the insurance coverage ordered under the terms of this contract does not include "bodily injury liability," "public liability," and "property damage liability" coverage, where such
coverage is in fact not included;
(2) The contract or agreement shall state whether the
insurance is to be procured by the buyer or the seller;
(3) The amount, included for such insurance, shall not
exceed the premiums chargeable in accordance with the rate
fixed for such insurance by the insurer, except where the
amount is less than one dollar;
(4) If the insurance is to be procured by the seller or
holder, he shall, within forty-five days after delivery of the
goods or furnishing of the services under the contract,
deliver, mail or cause to be mailed to the buyer, at his or her
address as specified in the contract, a notice thereof or a copy
of the policy or policies of insurance or a certificate or certificates of the insurance so procured. [1984 c 280 § 6; 1963 c
236 § 14.]
63.14.145
63.14.145 Retail installment contracts and charge
agreements—Sale, transfer, or assignment. (1) A retail
seller may sell, transfer, or assign a retail installment contract
or charge agreement. After such sale, transfer, or assignment,
the retail installment contract or charge agreement remains a
retail installment contract or charge agreement.
(2) Nothing contained in this chapter shall be deemed to
limit any charge made by an assignee of a retail installment
contract or charge agreement to the seller-assignor upon the
sale, transfer, assignment, or discount of the contract or
agreement, notwithstanding retention by the assignee of
recourse rights against the seller-assignor and notwithstanding duties retained by the seller-assignor to service delinquencies, perform service or warranty agreements regarding
the property which is the subject matter of the assigned or
discounted contracts or charge agreements, or to do or perform any other duty with respect to the contract or agreement
assigned or the subject matter of such contract or agreement.
[1993 sp.s. c 5 § 2.]
63.14.150
63.14.150 Retail installment contracts, retail charge
agreements, and lender credit card agreements—Agreements by buyer not to assert claim or defense or to submit
to suit in another county invalid. No provision of a retail
installment contract, retail charge agreement, or lender credit
card agreement is valid by which the buyer agrees not to
assert against the seller or against an assignee a claim or
defense arising out of the sale, or by which the buyer agrees
to submit to suit in a county other than the county where the
buyer signed the contract or where the buyer resides or has
his principal place of business. [1984 c 280 § 7; 1967 c 234
§ 9; 1963 c 236 § 15.]
[Title 63 RCW—page 10]
63.14.151
63.14.151 Retail installment contracts, retail charge
agreements, and lender credit card agreements—Compliance with disclosure requirements of federal consumer
protection act deemed compliance with chapter 63.14
RCW. Any retail installment contract, retail charge agreement, or lender credit card agreement that complies with the
disclosure requirements of Title I of the federal consumer
protection act (82 Stat. 146, 15 U.S.C. 1601) which is also
known as the truth in lending act, as of the date upon which
said retail installment contract, revolving charge agreement,
or lender credit card agreement is executed, shall be deemed
to comply with the disclosure provisions of chapter 63.14
RCW. [1984 c 280 § 8; 1981 c 77 § 9.]
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
63.14.152
63.14.152 Declaratory judgment action to establish if
service charge is excessive. The seller, holder, or buyer may
bring an action for declaratory judgment to establish whether
service charges contracted for or received in connection with
a retail installment transaction are in excess of those allowed
by chapter 234, Laws of 1967. Such an action shall be
brought against the current holder or against the buyer or his
successor in interest or, if the entire principal balance has
been fully paid, by the buyer or his successor in interest
against the holder to whom the final payment was made. No
such action shall be commenced after six months following
the date the final payment becomes due, whether by acceleration or otherwise, nor after six months following the date the
principal balance is fully paid, whichever first occurs. If the
buyer commences such an action and fails to establish that
the service charge is in excess of that allowed by RCW
63.14.130, and if the court finds the action was frivolously
commenced, the defendant or defendants may, in the court’s
discretion, recover reasonable attorney’s fees and costs from
the buyer. [1967 c 234 § 11.]
63.14.154
63.14.154 Cancellation of transaction by buyer—
Procedure. (1) In addition to any other rights he may have,
the buyer shall have the right to cancel a retail installment
transaction for other than the seller’s breach by sending
notice of such cancellation to the seller at his place of business as set forth in the contract or charge agreement by certified mail, return receipt requested, which shall be posted not
later than midnight of the third day (excluding Sundays and
holidays) following the date the buyer signs the contract or
charge agreement:
(a) If the retail installment transaction was entered into
by the buyer and solicited in person or by a commercial telephone solicitation as defined by chapter 20, Laws of 1989 by
the seller or his representative at a place other than the
seller’s address, which may be his main or branch office,
shown on the contract; and
(b) If the buyer returns goods received or makes them
available to the seller as provided in clause (b) of subsection
(2) of this section.
(2) In the event of cancellation pursuant to this section:
(a) The seller shall, without request, refund to the buyer
within ten days after such cancellation all deposits, including
any down payment, made under the contract or charge agreement and shall return all goods traded in to the seller on
(2006 Ed.)
Retail Installment Sales of Goods and Services
account or in contemplation of the contract less any reasonable costs actually incurred in making ready for sale the
goods so traded in;
(b) The seller shall be entitled to reclaim and the buyer
shall return or make available to the seller at the place of
delivery in its original condition any goods received by the
buyer under the contract or charge agreement;
(c) The buyer shall incur no additional liability for such
cancellation. [1989 c 20 § 18; 1989 c 14 § 8; 1972 ex.s. c 47
§ 4; 1967 c 234 § 12.]
Reviser’s note: This section was amended by 1989 c 14 § 8 and by
1989 c 20 § 18, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—1989 c 20: See RCW 19.158.900 and
19.158.901.
63.14.156
63.14.156 Extension or deferment of payments—
Agreement, charges. The holder of a retail installment contract may, upon agreement with the buyer, extend the scheduled due date or defer a scheduled payment of all or of any
part of any installment or installments payable thereunder.
No charge shall be made for any such extension or deferment
unless a written acknowledgment of such extension or deferment is sent or delivered to the buyer. The holder may charge
and contract for the payment of an extension or deferral
charge by the buyer and collect and receive the same, but
such charge may not exceed those permitted by *RCW
63.14.130 (a), (b), or (c) on the amount of the installment or
installments, or part thereof, extended or deferred for the
period of extension or deferral. Such period shall not exceed
the period from the date when such extended or deferred
installment or installments, or part thereof, would have been
payable in the absence of such extension or deferral, to the
date when such installment or installments, or part thereof,
are made payable under the agreement of extension or deferment; except that a minimum charge of one dollar for the
period of extension or deferral may be made in any case
where the extension or deferral charge, when computed at
such rate, amounts to less than one dollar. Such agreement
may also provide for the payment by the buyer of the additional cost to the holder of the contract of premiums for continuing in force, until the end of such period of extension or
deferral, any insurance coverages provided for in the contract, subject to the provisions of RCW 63.14.140. [1967 c
234 § 13.]
*Reviser’s note: The reference to RCW 63.14.130 (a), (b), or (c) is
erroneous. RCW 63.14.130(1) (a) or (b) is apparently intended. Subsequently, RCW 63.14.130 was amended by 1992 c 193 § 2, changing the subsection numbering.
63.14.158
63.14.158 Refinancing agreements—Costs—Contents. The holder of a retail installment contract or contracts
may, upon agreement in writing with the buyer, refinance the
payment of the unpaid time balance or balances of the contract or contracts by providing for a new schedule of installment payments.
The holder may charge and contract for the payment of a
refinance charge by the buyer and collect and receive the
same but such refinance charge (1) shall be based upon the
amount refinanced, plus any additional cost of insurance and
of official fees incident to such refinancing, after the deduc(2006 Ed.)
63.14.165
tion of a refund credit in an amount equal to that to which the
buyer would have been entitled under RCW 63.14.080 if he
had prepaid in full his obligations under the contract or contracts, but in computing such refund credit there shall not be
allowed the minimum earned service charge as authorized by
clause (d) of subsection (1) of such section, and (2) may not
exceed the rate of service charge provided under RCW
63.14.130. Such agreement for refinancing may also provide
for the payment by the buyer of the additional cost to the
holder of the contract or contracts of premiums for continuing in force, until the maturity of the contract or contracts as
refinanced, any insurance coverages provided for therein,
subject to the provisions of RCW 63.14.140.
The refinancing agreement shall set forth the amount of
the unpaid time balance or balances to be refinanced, the
amount of any refund credit, the amount to be refinanced
after the deduction of the refund credit, the amount or rate of
the service charge under the refinancing agreement, any additional cost of insurance and of official fees to the buyer, the
new unpaid time balance, if the service charge is stated as a
dollar amount, and the new schedule of installment payments. Where there is a consolidation of two or more contracts then the provisions of RCW 63.14.110 shall apply.
[1967 c 234 § 14.]
Minimum earned service charges: RCW 63.14.080.
63.14.159
63.14.159 New payment schedule—When authorized. In the event a contract provides for the payment of any
installment which is more than double the amount of the
average of the preceding installments the buyer upon default
of this installment, shall be given an absolute right to obtain a
new payment schedule. Unless agreed to by the buyer, the
periodic payments under the new schedule shall not be substantially greater than the average of the preceding installments. This section shall not apply if the payment schedule is
adjusted to the seasonal or irregular income of the buyer or to
accommodate the nature of the buyer’s employment. [1967 c
234 § 15.]
63.14.160
63.14.160 Conduct or agreement of buyer does not
waive remedies. No act or agreement of the retail buyer
before or at the time of the making of a retail installment contract, retail charge agreement, lender credit card agreement,
or purchases thereunder shall constitute a valid waiver of any
of the provisions of this chapter or of any remedies granted to
the buyer by law. [1984 c 280 § 9; 1963 c 236 § 16.]
63.14.165
63.14.165 Financial institution credit card agreement
not subject to chapter 63.14 RCW, but subject to chapter
19.52 RCW. A financial institution credit card is a card or
device issued under an arrangement pursuant to which the
issuing financial institution gives to a card holder residing in
this state the privilege of obtaining credit from the issuer or
other persons in purchasing or leasing property or services,
obtaining loans, or otherwise, and the issuer of which is not
principally engaged in the business of selling goods.
Except as provided in RCW 63.14.167, a financial institution credit card agreement and credit extended pursuant to
it is not subject to the provisions of this chapter but shall be
[Title 63 RCW—page 11]
63.14.167
Title 63 RCW: Personal Property
subject to the provisions of chapter 19.52 RCW. [1984 c 280
§ 10; 1981 c 77 § 10.]
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
63.14.167
63.14.167 Lender credit card agreements and financial institution credit card agreements—Credit to
account for returned goods or forgiveness of a debit for
services—Statement of credit to card issuer—Notice to
cardholder. (1) Pursuant to a lender credit card or financial
institution credit card transaction in which a credit card has
been used to obtain credit, the seller is a person other than the
card issuer, and the seller accepts or allows a return of goods
or forgiveness of a debit for services that were the subject of
the sale, credit shall be applied to the obligor’s account as
provided by this section.
(2) Within seven working days after a transaction in
which an obligor becomes entitled to credit, the seller shall
transmit a statement to the card issuer through the normal
channels established by the card issuer for the transmittal of
such statements. The credit card issuer shall credit the obligor’s account within three working days following receipt of
a credit statement from the seller.
(3) The obligor is not responsible for payment of any service charges resulting from the seller’s or card issuer’s failure
to comply with subsection (2) of this section.
(4) An issuer issuing a lender credit card or financial
institution credit card shall mail or deliver a notice of the provisions of this section at least once per calendar year, at intervals of not less than six months nor more than eighteen
months, either to all cardholders or to each cardholder entitled to receive a periodic statement for any one billing cycle.
The notice shall state that the obligor is not responsible for
payment of any service charges resulting from the seller’s or
card issuer’s failure to comply with subsection (2) of this section. [1989 c 11 § 24; 1984 c 280 § 11.]
Severability—1989 c 11: See note following RCW 9A.56.220.
63.14.170
63.14.170 Violations—Penalties. Any person who
shall wilfully and intentionally violate any provision of this
chapter shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six
months, or both. Violation of any order or injunction issued
pursuant to this chapter shall constitute prima facie proof of a
violation of this section. [1963 c 236 § 17.]
contract, charge agreement, or lender credit card agreement
that does not comply with the provisions of this chapter or
who violates any provision of this chapter except as a result
of an accidental or bona fide error shall be barred from the
recovery of any service charge, official fees, or any delinquency or collection charge under or in connection with the
related retail installment contract or purchases under a retail
charge agreement or lender credit card agreement; but such
person may nevertheless recover from the buyer an amount
equal to the cash price of the goods or services and the cost to
such person of any insurance included in the transaction:
PROVIDED, That if the service charge is in excess of that
allowed by RCW 63.14.130, except as the result of an accidental or bona fide error, the buyer shall be entitled to an
amount equal to the total of (1) twice the amount of the service charge paid, and (2) the amount of the service charge
contracted for and not paid, plus (3) costs and reasonable
attorneys’ fees. The reduction in the cash price by the application of the above sentence shall be applied to diminish pro
rata each future installment of principal amount payable
under the terms of the contract or agreement. [1984 c 280 §
12; 1967 c 234 § 10; 1963 c 236 § 18.]
63.14.190
63.14.190 Restraint of violations. The attorney general or the prosecuting attorney may bring an action in the
name of the state against any person to restrain and prevent
any violation of this chapter. [1963 c 236 § 19.]
63.14.200
63.14.200 Assurance of discontinuance of unlawful
practices. In the enforcement of this chapter, the attorney
general may accept an assurance of discontinuance of any act
or practice deemed in violation of this chapter, from any person engaging in, or who has engaged in, such act or practice.
Any such assurance shall be in writing and be filed with and
subject to the approval of the superior court of the county in
which the alleged violator resides or has his principal place of
business, or in Thurston county. Failure to perform the terms
of any such assurance shall constitute prima facie proof of a
violation of this chapter for the purpose of securing any
injunction as provided in RCW 63.14.190 and for the purpose
of RCW 63.14.180 hereof: PROVIDED, That after commencement of any action by a prosecuting attorney, as provided herein, the attorney general may not accept an assurance of discontinuance without the consent of the prosecuting
attorney. [1963 c 236 § 20.]
63.14.210
63.14.175
63.14.175 Violations—Remedies. No person may pursue any remedy alleging a violation of this chapter on the
basis of any act or omission that does not constitute a violation of this chapter as amended by chapter 5, Laws of 1993
sp. sess. For purposes of this section, the phrase "pursue any
remedy" includes pleading a defense, asserting a counterclaim or right of offset or recoupment, commencing, maintaining, or continuing any legal action, or pursuing or defending any appeal. [1993 sp.s. c 5 § 3.]
63.14.210 Violation of order or injunction—Penalty.
Any person who violates any order or injunction issued pursuant to this chapter shall forfeit and pay a civil penalty of not
more than one thousand dollars. For the purpose of this section the superior court issuing any injunction shall retain
jurisdiction, and the cause shall be continued, and in such
cases the attorney general acting in the name of the state may
petition for the recovery of civil penalties. [1963 c 236 § 21.]
63.14.900
63.14.180
63.14.180 Noncomplying person barred from recovery of service charge, etc.—Remedy of buyer—Extent of
recovery. Any person who enters into a retail installment
[Title 63 RCW—page 12]
63.14.900 Severability—1963 c 236. If any provision
of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the
constitutionality of the remainder of the chapter and the
(2006 Ed.)
Lease or Rental of Personal Property—Warranty of Merchantability or Fitness
applicability thereof to other persons and circumstances shall
not be affected thereby. [1963 c 236 § 23.]
63.14.901
63.14.901 Severability—1967 c 234. If any provision
of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the
constitutionality of the remainder of the act and the applicability thereof to other persons and circumstances shall not be
affected thereby. [1967 c 234 § 16.]
63.14.902
63.14.902 Severability—1981 c 77. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 77 § 12.]
63.14.903
63.14.903 Application, saving—1981 c 77. This act
applies only to loans, forbearances, or transactions which are
entered into after May 8, 1981, or to existing loans, forbearances, contracts, or agreements which were not primarily for
personal, family, or household use in which there is an addition to the principal amount of the credit outstanding after
May 8, 1981. [1981 c 77 § 13.]
63.14.904
63.14.904 Severability—1984 c 280. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 280 § 13.]
63.14.910
63.14.910 Saving—1963 c 236. The provisions of this
chapter shall not invalidate or make unlawful retail installment contracts or retail charge agreements executed prior to
the effective date hereof. [1963 c 236 § 24.]
63.14.920
63.14.920 Effective date—1963 c 236. This chapter
shall take effect October 1, 1963. [1963 c 236 § 25.]
63.14.921
63.14.921 Effective date—Saving—1967 c 234. This
1967 amendatory act shall take effect on January 1, 1968.
Nothing in this 1967 amendatory act shall be construed to
affect the validity of any agreement or contractual relationship entered into prior to such date, except that the rate of any
service charge computed periodically on the outstanding balance in excess of that allowed by this 1967 amendatory act
shall be reduced to a permissible rate on or before January 1,
1968. [1967 c 234 § 17.]
63.14.922
63.14.922 Effective date—1993 sp.s. c 5. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 28, 1993]. [1993 sp.s. c 5 § 4.]
63.14.923
63.14.923 Severability—1993 sp.s. c 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1993 sp.s. c 5 § 5.]
(2006 Ed.)
Chapter 63.19
63.14.924
63.14.924 Application—1995 c 249. This act applies
prospectively only and not retroactively. It applies only to
retail installment transactions entered into on or after May 5,
1995. [1995 c 249 § 2.]
63.14.925
63.14.925 Savings—1995 c 249. The repeals in section
1, chapter 249, Laws of 1995 shall not be construed as affecting any existing right acquired or liability or obligation
incurred under the statutes repealed or under any rule or order
adopted pursuant to those statutes; nor as affecting any proceeding instituted under them. [1995 c 249 § 3.]
63.14.926
63.14.926 Effective date—1995 c 249. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 5, 1995]. [1995 c 249 § 5.]
Chapter 63.18 RCW
LEASE OR RENTAL OF PERSONAL PROPERTY—
DISCLAIMER OF WARRANTY OF
MERCHANTABILITY OR FITNESS
Chapter 63.18
Sections
63.18.010
Lease or rental agreement for lease of personal property—Disclaimer of warranty of merchantability or fitness—Limitation—Exceptions.
63.18.010
63.18.010 Lease or rental agreement for lease of personal property—Disclaimer of warranty of merchantability or fitness—Limitation—Exceptions. In any lease or
rental agreement for the lease of movable personal property
for use primarily in this state (other than a lease under which
the lessee is authorized to use such property at no charge), if
the rental or other consideration paid or payable thereunder is
at a rate which if computed on an annual basis would be six
thousand dollars per year or less, no provision thereof purporting to disclaim any warranty of merchantability or fitness
for particular purposes which may be implied by law shall be
enforceable unless either (1) the disclaimer sets forth with
particularity the qualities and characteristics which are not
being warranted, or (2) the lessee is engaged in a public utility business or a public service business subject to regulation
by the United States or this state. [1974 ex.s. c 180 § 3.]
Exclusion or modification of warranties: RCW 62A.2-316.
Chapter 63.19
Chapter 63.19 RCW
LEASE-PURCHASE AGREEMENTS
Sections
63.19.010
63.19.020
63.19.030
63.19.040
63.19.050
63.19.060
63.19.070
63.19.080
63.19.090
63.19.100
63.19.110
63.19.900
63.19.901
Definitions.
Chapter application.
Disclosure by lessor—Requirement.
Disclosure by lessor—Contents.
Agreement—Restrictions.
Consumer—Reinstatement of agreement—Terms.
Written receipt—Lessor’s duty.
Renegotiation—Same lessor and consumer.
Advertising—Requirements—Liability.
Upholstered furniture or bedding.
Violation—Application of chapter 19.86 RCW.
Short title—1992 c 134.
Severability—1992 c 134.
[Title 63 RCW—page 13]
63.19.010
Title 63 RCW: Personal Property
63.19.010 Definitions. As used in this chapter, unless
the context otherwise requires:
(1) "Advertisement" means a commercial message in
any medium that aids, promotes, or assists, directly or indirectly, a lease-purchase agreement.
(2) "Cash price" means the price at which the lessor
would have sold the property to the consumer for cash on the
date of the lease-purchase agreement.
(3) "Consumer" means a natural person who rents personal property under a lease-purchase agreement to be used
primarily for personal, family, or household purposes.
(4) "Consummation" means the time a consumer
becomes contractually obligated on a lease-purchase agreement.
(5) "Lease-purchase agreement" means an agreement for
the use of personal property by a natural person primarily for
personal, family, or household purposes, for an initial period
of four months or less that is automatically renewable with
each payment after the initial period, but does not obligate or
require the consumer to continue leasing or using the property beyond the initial period, and that permits the consumer
to become the owner of the property.
(6) "Lessor" means a person who regularly provides the
use of property through lease-purchase agreements and to
whom lease payments are initially payable on the face of the
lease-purchase agreement. [1992 c 134 § 2.]
63.19.010
63.19.020 Chapter application. (1) Lease-purchase
agreements that comply with this chapter are not governed by
the laws relating to:
(a) A consumer lease as defined in chapter 63.10 RCW;
(b) A retail installment sale of goods or services as regulated under chapter 63.14 RCW;
(c) A security interest as defined in Title 62A RCW; or
(d) Loans, forbearances of money, goods, or things in
action as governed by chapter 19.52 RCW.
(2) This chapter does not apply to the following:
(a) Lease-purchase agreements primarily for business,
commercial, or agricultural purposes, or those made with
governmental agencies or instrumentalities or with organizations;
(b) A lease of a safe deposit box;
(c) A lease or bailment of personal property that is incidental to the lease of real property, and that provides that the
consumer has no option to purchase the leased property; or
(d) A lease of an automobile. [1992 c 134 § 3.]
63.19.020
63.19.030 Disclosure by lessor—Requirement. (1)
The lessor shall disclose to the consumer the information
required under this chapter. In a transaction involving more
than one lessor, only one lessor need make the disclosures,
but all lessors shall be bound by such disclosures.
(2) The disclosure shall be made at or before consummation of the lease-purchase agreement.
(3) The disclosure shall be made clearly and conspicuously in writing and a copy of the lease-purchase agreement
provided to the consumer. The disclosures required under
RCW 63.19.040(1) shall be made on the face of the contract
above the line for the consumer’s signature.
(4) If a disclosure becomes inaccurate as the result of any
act, occurrence, or agreement by the consumer after delivery
63.19.030
[Title 63 RCW—page 14]
of the required disclosures, the resulting inaccuracy is not a
violation of this chapter. [1992 c 134 § 4.]
63.19.040
63.19.040 Disclosure by lessor—Contents. (1) For
each lease-purchase agreement, the lessor shall disclose in
the agreement the following items, as applicable:
(a) The total number, total amount, and timing of all payments necessary to acquire ownership of the property;
(b) A statement that the consumer will not own the property until the consumer has made the total payment necessary
to acquire ownership;
(c) A statement that the consumer is responsible for the
fair market value of the property if, and as of the time, it is
lost, stolen, damage, or destroyed;
(d) A brief description of the leased property, sufficient
to identify the property to the consumer and the lessor,
including an identification number, if applicable, and a statement indicating whether the property is new or used, but a
statement that indicates new property is used is not a violation of this chapter;
(e) A brief description of any damage to the leased property;
(f) A statement of the cash price of the property. Where
the agreement involves a lease of five or more items as a set,
in one agreement, a statement of the aggregate cash price of
all items shall satisfy this requirement;
(g) The total of initial payments paid or required at or
before consummation of the agreement or delivery of the
property, whichever is later;
(h) A statement that the total of payments does not
include other charges, such as late payment, default, pickup,
and reinstatement fees, which fees shall be separately disclosed in the contract;
(i) A statement clearly summarizing the terms of the consumer’s option to purchase, including a statement that the
consumer has the right to exercise an early purchase option
and the price, formula, or method for determining the price at
which the property may be so purchased;
(j) A statement identifying the party responsible for
maintaining or servicing the property while it is being leased,
together with a description of that responsibility, and a statement that if any part of a manufacturer’s express warranty
covers the lease property at the time the consumer acquires
ownership of the property, it shall be transferred to the consumer, if allowed by the terms of the warranty;
(k) The date of the transaction and the identities of the
lessor and consumer;
(l) A statement that the consumer may terminate the
agreement without penalty by voluntarily surrendering or
returning the property in good repair upon expiration of any
lease term along with any past due rental payments; and
(m) Notice of the right to reinstate an agreement as
herein provided.
(2) With respect to matters specifically governed by the
federal consumer credit protection act, compliance with the
act satisfies the requirements of this section. [1992 c 134 §
5.]
63.19.050
63.19.050 Agreement—Restrictions. A lease-purchase agreement may not contain:
(2006 Ed.)
Lease-Purchase Agreements
(1) A confession of judgment;
(2) A negotiable instrument;
(3) A security interest or any other claim of a property
interest in any goods except those goods delivered by the lessor pursuant to the lease-purchase agreement;
(4) A wage assignment;
(5) A waiver by the consumer of claims or defenses; or
(6) A provision authorizing the lessor or a person acting
on the lessor’s behalf to enter upon the consumer’s premises
or to commit any breach of the peace in the repossession of
goods. [1992 c 134 § 6.]
63.19.901
(a) The addition or return of property in a multiple-item
agreement or the substitution of the lease property, if in either
case the average payment allocable to a payment period is not
changed by more than twenty-five percent;
(b) A deferral or extension of one or more periodic payments, or portions of a periodic payment;
(c) A reduction in charges in the lease or agreement; and
(d) A lease or agreement involved in a court proceeding.
(2) No disclosures are required for any extension of a
lease-purchase agreement. [1992 c 134 § 9.]
63.19.090
63.19.060
63.19.060 Consumer—Reinstatement of agreement—Terms. (1) A consumer who fails to make a timely
rental payment may reinstate the agreement, without losing
any rights or options that exist under the agreement, by the
payment of:
(a) All past due rental charges;
(b) If the property has been picked up, the reasonable
costs of pickup and redelivery; and
(c) Any applicable late fee, within ten days of the
renewal date if the consumer pays monthly, or within five
days of the renewal date if the consumer pays more frequently than monthly.
(2) In the case of a consumer who has paid less than twothirds of the total of payments necessary to acquire ownership and where the consumer has returned or voluntarily surrendered the property, other than through judicial process,
during the applicable reinstatement period set forth in subsection (1) of this section, the consumer may reinstate the agreement during a period of not less than twenty-one days after
the date of the return of the property.
(3) In the case of a consumer who has paid two-thirds or
more of the total of payments necessary to acquire ownership, and where the consumer has returned or voluntarily surrendered the property, other than through judicial process,
during the applicable period set forth in subsection (1) of this
section, the consumer may reinstate the agreement during a
period of not less than forty-five days after the date of the
return of the property.
(4) Nothing in this section shall prevent a lessor from
attempting to repossess property during the reinstatement
period, but such a repossession shall not affect the consumer’s right to reinstate. Upon reinstatement, the lessor
shall provide the consumer with the same property or substitute property of comparable quality and condition. [1992 c
134 § 7.]
63.19.070
63.19.070 Written receipt—Lessor’s duty. A lessor
shall provide the consumer a written receipt for each payment
made by cash or money order. [1992 c 134 § 8.]
63.19.080
63.19.080 Renegotiation—Same lessor and consumer. (1) A renegotiation shall occur when an existing
lease-purchase agreement is satisfied and replaced by a new
agreement undertaken by the same lessor and consumer. A
renegotiation shall be considered a new agreement requiring
new disclosures. However, events such as the following shall
not be treated as renegotiations:
(2006 Ed.)
63.19.090 Advertising—Requirements—Liability.
(1) If an advertisement for a lease-purchase agreement refers
to or states the dollar amount of any payment and the right to
acquire ownership for any one specific item, the advertisement shall also clearly and conspicuously state the following
items, as applicable:
(a) That the transaction advertised is a lease-purchase
agreement;
(b) The total of payments necessary to acquire ownership; and
(c) That the consumer acquires no ownership rights if the
total amount necessary to acquire ownership is not paid.
(2) Any owner or personnel of any medium in which an
advertisement appears or through which it is disseminated
shall not be liable under this section.
(3) The provisions of subsection (1) of this section shall
not apply to an advertisement that does not refer to or state
the amount of any payment, or which is published in the yellow pages of a telephone directory or in any similar directory
of business. [1992 c 134 § 10.]
63.19.100
63.19.100 Upholstered furniture or bedding. Upon
the return of leased upholstered furniture or bedding, the lessor shall sanitize the property. A lessor shall not lease used
upholstered furniture or bedding that has not been sanitized.
[1992 c 134 § 11.]
63.19.110
63.19.110 Violation—Application of chapter 19.86
RCW. The Washington lease-purchase agreement act is a
matter affecting the public interest for the purpose of applying chapter 19.86 RCW. The violation of this chapter is not
reasonable in relation to the development and preservation of
business. A violation of this chapter constitutes an unfair or
deceptive act or practice in trade or commerce for the purpose
of applying chapter 19.86 RCW. [1992 c 134 § 12.]
63.19.900
63.19.900 Short title—1992 c 134. This act may be
known and cited as the Washington lease-purchase agreement act. [1992 c 134 § 1.]
63.19.901
63.19.901 Severability—1992 c 134. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1992 c 134 § 18.]
[Title 63 RCW—page 15]
Chapter 63.21
Chapter 63.21
Title 63 RCW: Personal Property
Chapter 63.21 RCW
LOST AND FOUND PROPERTY
Sections
63.21.010
63.21.020
63.21.030
63.21.040
63.21.050
63.21.060
63.21.070
63.21.080
63.21.900
Procedure where finder wishes to claim found property—
Appraisal—Surrender of property—Notice of intent to
claim—Publication.
Circumstances extinguishing finder’s claim to property.
Release of property to finder—Limitations—Payment to governmental entity—Expiration of finder’s claim.
Failure to comply with chapter—Forfeiture of right to property.
Duties of chief law enforcement officer receiving found property.
Duties of governmental entity acquiring lost property—Disposal of property.
Claim to found property by employee, officer, or agent of governmental entity—Limitation.
Chapter not applicable to certain unclaimed property.
Severability—1979 ex.s. c 85.
63.21.010
63.21.010 Procedure where finder wishes to claim
found property—Appraisal—Surrender of property—
Notice of intent to claim—Publication. (1) Any person
who finds property that is not unlawful to possess, the owner
of which is unknown, and who wishes to claim the found
property, shall:
(a) Within seven days of the finding acquire a signed
statement setting forth an appraisal of the current market
value of the property prepared by a qualified person engaged
in buying or selling like items or by a district court judge,
unless the found property is cash; and
(b) Within seven days report the find of property and surrender, if requested, the property and a copy of the evidence
of the value of the property to the chief law enforcement
officer, or his or her designated representative, of the governmental entity where the property was found, and serve written notice upon the officer of the finder’s intent to claim the
property if the owner does not make out his or her right to it
under this chapter.
(2) Within thirty days of the report the governmental
entity shall cause notice of the finding to be published at least
once a week for two successive weeks in a newspaper of general circulation in the county where the property was found,
unless the appraised value of the property is less than the cost
of publishing notice. If the value is less than the cost of publishing notice, the governmental entity may cause notice to be
posted or published in other media or formats that do not
incur expense to the governmental entity. [1997 c 237 § 1;
1979 ex.s. c 85 § 1.]
63.21.020
63.21.020 Circumstances extinguishing finder’s
claim to property. The finder’s claim to the property shall
be extinguished:
(1) If the owner satisfactorily establishes, within sixty
days after the find was reported to the appropriate officer, the
owner’s right to possession of the property; or
(2) If the chief law enforcement officer determines and
so informs the finder that the property is illegal for the finder
to possess. [1979 ex.s. c 85 § 2.]
63.21.030
63.21.030 Release of property to finder—Limitations—Payment to governmental entity—Expiration of
finder’s claim. (1) The found property shall be released to
the finder and become the property of the finder sixty days
[Title 63 RCW—page 16]
after the find was reported to the appropriate officer if no
owner has been found, or sixty days after the final disposition
of any judicial or other official proceeding involving the
property, whichever is later. The property shall be released
only after the finder has presented evidence of payment to the
treasurer of the governmental entity handling the found property, the amount of ten dollars plus the amount of the cost of
publication of notice incurred by the government [governmental] entity pursuant to RCW 63.21.010, which amount
shall be deposited in the general fund of the governmental
entity. If the appraised value of the property is less than the
cost of publication of notice of the finding, then the finder is
not required to pay any fee.
(2) When ninety days have passed after the found property was reported to the appropriate officer, or ninety days
after the final disposition of a judicial or other proceeding
involving the found property, and the finder has not completed the requirements of this chapter, the finder’s claim
shall be deemed to have expired and the found property may
be disposed of as unclaimed property under chapter 63.32 or
63.40 RCW. Such laws shall also apply whenever a finder
states in writing that he or she has no intention of claiming the
found property. [1997 c 237 § 2; 1979 ex.s. c 85 § 3.]
63.21.040
63.21.040 Failure to comply with chapter—Forfeiture of right to property. Any finder of property who fails
to discharge the duties imposed by this chapter shall forfeit
all right to the property and shall be liable for the full value of
the property to its owner. [1979 ex.s. c 85 § 4.]
63.21.050
63.21.050 Duties of chief law enforcement officer
receiving found property. The chief law enforcement
officer or his or her designated representative to whom a
finder surrenders property, shall:
(1) Advise the finder if the found property is illegal for
him or her to possess;
(2) Advise the finder if the found property is to be held
as evidence in judicial or other official proceedings;
(3) Advise the finder in writing of the procedures to be
followed in claiming the found property;
(4) If the property is valued at twenty-five dollars or less,
allow the finder to retain the property if it is determined there
is no reason for the officer to retain the property;
(5) If the property exceeds twenty-five dollars in value
and has been requested to be surrendered to the law enforcement agency, retain the property for sixty days before it can
be claimed by the finder under this chapter, unless the owner
shall have recovered the property;
(6) If the property is held as evidence in judicial or other
official proceedings, retain the property for sixty days after
the final disposition of the judicial or other official proceeding, before it can be claimed by the finder or owner under the
provisions of this chapter;
(7) After the required number of days have passed, and if
no owner has been found, surrender the property to the finder
according to the requirements of this chapter; or
(8) If neither the finder nor the owner claim the property
retained by the officer within thirty days of the time when the
claim can be made, the property shall be disposed of as
(2006 Ed.)
Unclaimed Property in Hands of Bailee
unclaimed property under chapter 63.32 or 63.40 RCW.
[1979 ex.s. c 85 § 5.]
63.21.060
63.21.060 Duties of governmental entity acquiring
lost property—Disposal of property. Any governmental
entity that acquires lost property shall attempt to notify the
apparent owner of the property. If the property is not returned
to a person validly establishing ownership or right to possession of the property, the governmental entity shall forward
the lost property within thirty days but not less than ten days
after the time the governmental entity acquires the lost property to the chief law enforcement officer, or his or her designated representative, of the county in which the property was
found, except that if the property is found within the borders
of a city or town the property shall be forwarded to the chief
law enforcement officer of the city or town or his or her designated representative. A governmental entity may elect to
retain property which it acquires and dispose of the property
as provided by chapter 63.32 or 63.40 RCW. [1979 ex.s. c 85
§ 6.]
63.21.070
63.21.070 Claim to found property by employee,
officer, or agent of governmental entity—Limitation. An
employee, officer, or agent of a governmental entity who
finds or acquires any property covered by this chapter while
acting within the course of his or her employment may not
claim possession of the lost property as a finder under this
chapter unless the governing body of the governmental entity
has specifically provided, by ordinance, resolution, or rule for
such a claim. [1979 ex.s. c 85 § 7.]
63.21.080
63.21.080 Chapter not applicable to certain
unclaimed property. This chapter shall not apply to:
(1) Motor vehicles under chapter 46.52 RCW;
(2) Unclaimed property in the hands of a bailee under
chapter 63.24 RCW;
(3) Uniform disposition of unclaimed property under
chapter 63.29 RCW; and
(4) Secured vessels under *chapter 88.27 RCW. [1994 c
51 § 6; 1985 c 7 § 125; 1979 ex.s. c 85 § 8.]
*Reviser’s note: Chapter 88.27 RCW was recodified as chapter
79A.65 RCW pursuant to 1999 c 249 § 1601.
63.24.150 Notice to owner. Unless otherwise provided
between the parties, if personal property deposited with a bailee is unclaimed for a period of thirty days, the bailee shall
notify the owner, if known, either personally or by mail that
the property is subject to disposition under RCW 63.24.160.
[1981 c 154 § 4.]
63.24.150
63.24.160
63.24.160 Disposition of unclaimed property—Donation to charitable organization or transmittal to police or
sheriff. If property not covered by chapter 63.26 RCW
remains unclaimed sixty days after notice is given, or, if the
owner’s identity or address is unknown, sixty days from
when notice was attempted, the bailee shall:
(1) If the reasonable aggregate value of the unclaimed
property is less than one hundred dollars, donate the property,
or proceeds thereof, to a charitable organization exempt from
federal income tax under the federal internal revenue code; or
(2) If the reasonable aggregate value of the unclaimed
property is one hundred dollars or more, forward the property
to the chief of police or sheriff for disposition as unclaimed
property under chapter 63.32 or 63.40 RCW. [1988 c 226 §
1; 1981 c 154 § 5.]
63.24.170
63.24.170 Bailee not liable to owner—Reimbursed
for reasonable costs. A bailee is not liable to the owner for
unclaimed property disposed of in good faith in accordance
with the requirements of this chapter. A bailee shall be reimbursed from the proceeds of sale of any unclaimed property
disposed of under RCW 63.24.160 for the reasonable costs or
charges for any goods or services provided by the bailee
regarding the property, and for the costs to provide notice to
the owner. [1990 c 41 § 1; 1981 c 154 § 6.]
Chapter 63.26 RCW
UNCLAIMED PROPERTY HELD BY MUSEUM OR
HISTORICAL SOCIETY
Chapter 63.26
Sections
63.26.010
63.26.020
63.26.030
63.26.040
63.26.050
Severability—1994 c 51: See RCW 79A.65.900.
63.21.900
63.21.900 Severability—1979 ex.s. c 85. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 85 § 11.]
Chapter 63.24 RCW
UNCLAIMED PROPERTY IN HANDS OF BAILEE
Chapter 63.24
Sections
63.24.150
63.24.160
63.24.170
Notice to owner.
Disposition of unclaimed property—Donation to charitable
organization or transmittal to police or sheriff.
Bailee not liable to owner—Reimbursed for reasonable costs.
Abandoned inmate personal property: Chapter 63.42 RCW.
Unclaimed property in hands of state patrol: Chapter 63.35 RCW.
(2006 Ed.)
63.26.020
Definitions.
Abandoned property—Notice.
Loaned property deemed donated—Notice of owner’s change
of address—Notice of provisions of chapter.
Notice of abandonment of property.
Vesting of title in museum or historical society—Subsequent
purchase from museum or historical society.
63.26.010
63.26.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Museum or historical society" means an institution
operated by a nonprofit corporation, nonprofit association, or
public agency, primarily educational, scientific, historic, or
aesthetic in purpose, which owns, borrows, studies, or cares
for tangible objects, including archives, and exhibits them as
appropriate.
(2) "Property" includes all documents and tangible
objects, animate and inanimate, under the care of a museum
or historical society which have intrinsic scientific, historic,
artistic, or cultural value. [1988 c 226 § 3.]
63.26.020
63.26.020 Abandoned property—Notice. Any property held by a museum or historical society within the state,
[Title 63 RCW—page 17]
63.26.030
Title 63 RCW: Personal Property
other than by terms of a loan agreement, that has been held
for five years or more and has remained unclaimed shall be
deemed to be abandoned. Such property shall become the
property of the museum or historical society if the museum or
society has given notice pursuant to RCW 63.26.040 and no
assertion of title has been filed for the property within ninety
days from the date of the second published notice. [1988 c
226 § 4.]
days from the date of the second published notice, the property shall be deemed abandoned or donated and shall become
the property of the museum or society.
(3) For purposes of this chapter, if the loan of property
was made to a branch of a museum or society, the museum or
society is deemed to be located in the county in which the
branch is located. Otherwise the museum or society is located
in the county in which it has its principal place of business.
[1988 c 226 § 6.]
63.26.030
63.26.030 Loaned property deemed donated—Notice
of owner’s change of address—Notice of provisions of
chapter. (1) Property subject to a loan agreement which is
on loan to a museum or historical society shall be deemed to
be donated to the museum or society if no claim is made or
action filed to recover the property after termination or expiration of the loan and if the museum or society has given
notice pursuant to RCW 63.26.040 and no assertion of title
has been filed within ninety days from the date of the second
published notice.
(2) A museum or society may terminate a loan of property if the property was loaned to the museum or society for
an indefinite term and the property has been held by the
museum or society for five years or more. Property on "permanent loan" shall be deemed to be loaned for an indefinite
term.
(3) If property was loaned to the museum or society for a
specified term, the museum or society may give notice of termination of the loan at any time after expiration of the specified term.
(4) It is the responsibility of the owner of property on
loan to a museum or society to notify the museum or society
promptly in writing of any change of address or change in
ownership of the property.
(5) When a museum or society accepts a loan of property, the museum or society shall inform the owner in writing
of the provisions of this chapter. [1988 c 226 § 5.]
63.26.040
63.26.040 Notice of abandonment of property. (1)
When a museum or historical society is required to give
notice of abandonment of property or of termination of a
loan, the museum or historical society shall mail such notice
by certified mail, return receipt requested, to the last known
owner at the most recent address of such owner as shown on
the museum’s or society’s records. If the museum or society
has no address on record, or the museum or society does not
receive written proof of receipt of the mailed notice within
thirty days of the date the notice was mailed, the museum or
society shall publish notice, at least once each week for two
consecutive weeks, in a newspaper of general circulation in
both the county in which the museum is located and the
county in which the last known address, if available, of the
owner is located.
(2) The published notice shall contain:
(a) A description of the unclaimed property;
(b) The name and last known address of the owner;
(c) A request that all persons who may have any knowledge of the whereabouts of the owner provide written notice
to the museum or society; and
(d) A statement that if written assertion of title is not presented by the owner to the museum or society within ninety
[Title 63 RCW—page 18]
63.26.050 Vesting of title in museum or historical
society—Subsequent purchase from museum or historical society. (1) If no written assertion of title has been presented by the owner to the museum or society within ninety
days from the date of the second published notice, title to the
property shall vest in the museum or historical society, free of
all claims of the owner and of all persons claiming under the
owner.
(2) One who purchases or otherwise acquires property
from a museum or historical society acquires good title to the
property if the museum or society has acquired title to the
property under this chapter. [1988 c 226 § 7.]
63.26.050
Chapter 63.29 RCW
UNIFORM UNCLAIMED PROPERTY ACT
Chapter 63.29
Sections
63.29.010
63.29.020
63.29.030
63.29.040
63.29.050
63.29.060
63.29.070
63.29.080
63.29.090
63.29.100
63.29.110
63.29.120
63.29.130
63.29.133
63.29.135
63.29.140
63.29.150
63.29.160
63.29.165
63.29.170
63.29.180
63.29.190
63.29.200
63.29.210
63.29.220
63.29.230
63.29.240
63.29.250
63.29.260
63.29.270
63.29.280
63.29.290
63.29.300
63.29.310
63.29.320
63.29.330
63.29.340
Definitions and use of terms.
Property presumed abandoned—General rule—Exceptions.
General rules for taking custody of intangible unclaimed property.
Travelers checks and money orders.
Checks, drafts, and similar instruments issued or certified by
banking and financial organizations.
Bank deposits and funds in financial organizations.
Funds owing under life insurance policies.
Deposits held by utilities.
Refunds held by business associations.
Stock and other intangible interests in business associations.
Property of business associations held in course of dissolution.
Property held by agents and fiduciaries.
Property held by courts and public agencies.
Property held by landlord.
Abandoned intangible property held by local government.
Gift certificates and credit memos.
Wages.
Contents of safe deposit box or other safekeeping repository.
Property in self-storage facility.
Report of abandoned property.
Notice and publication of information about unclaimed property.
Payment or delivery of abandoned property.
Custody by state—Holder relieved from liability—Reimbursement of holder paying claim—Reclaiming for owner—
Defense of holder—Payment of safe deposit box or repository charges.
Crediting of dividends, interest, or increments to owner’s
account.
Public sale of abandoned property.
Deposit of funds.
Filing of claim with department.
Claim of another state to recover property—Procedure.
Action to establish claim.
Election to take payment or delivery.
Destruction or disposition of property having insubstantial
commercial value—Immunity from liability.
Periods of limitation.
Requests for reports and examination of records.
Retention of records.
Enforcement.
Interstate agreements and cooperation—Joint and reciprocal
actions with other states.
Interest and penalties.
(2006 Ed.)
Uniform Unclaimed Property Act
63.29.350
63.29.360
63.29.370
63.29.380
63.29.900
63.29.901
63.29.902
63.29.903
63.29.904
63.29.905
63.29.906
Penalty for excessive fee for locating abandoned property.
Foreign transactions.
Rules.
Information and records confidential.
Effect of new provisions—Clarification of application.
Captions not law—1983 c 179.
Uniformity of application and construction.
Short title.
Severability—1983 c 179.
Effective date—1983 c 179.
Effective date—1996 c 45.
Abandoned inmate personal property: Chapter 63.42 RCW.
Unclaimed property in hands of state patrol: Chapter 63.35 RCW.
63.29.010
63.29.010 Definitions and use of terms. As used in
this chapter, unless the context otherwise requires:
(1) "Department" means the department of revenue
established under RCW 82.01.050.
(2) "Apparent owner" means the person whose name
appears on the records of the holder as the person entitled to
property held, issued, or owing by the holder.
(3) "Attorney general" means the chief legal officer of
this state referred to in chapter 43.10 RCW.
(4) "Banking organization" means a bank, trust company, savings bank, land bank, safe deposit company, private
banker, or any organization defined by other law as a bank or
banking organization.
(5) "Business association" means a nonpublic corporation, joint stock company, investment company, business
trust, partnership, or association for business purposes of two
or more individuals, whether or not for profit, including a
banking organization, financial organization, insurance company, or utility.
(6) "Domicile" means the state of incorporation of a corporation and the state of the principal place of business of an
unincorporated person.
(7) "Fare card" means any pass or instrument, and value
contained therein, purchased to utilize public transportation
facilities or services. "Fare card" does not include "gift card"
or "gift certificate" as those terms are defined in RCW
19.240.010.
(8) "Financial organization" means a savings and loan
association, cooperative bank, building and loan association,
or credit union.
(9) "Gift certificate" has the same meaning as in RCW
19.240.010.
(10) "Holder" means a person, wherever organized or
domiciled, who is:
(a) In possession of property belonging to another,
(b) A trustee, or
(c) Indebted to another on an obligation.
(11) "Insurance company" means an association, corporation, fraternal or mutual benefit organization, whether or
not for profit, which is engaged in providing insurance coverage, including accident, burial, casualty, credit life, contract
performance, dental, fidelity, fire, health, hospitalization, illness, life (including endowments and annuities), malpractice,
marine, mortgage, surety, and wage protection insurance.
(12) "Intangible property" does not include contract
claims which are unliquidated but does include:
(a) Moneys, checks, drafts, deposits, interest, dividends,
and income;
(2006 Ed.)
63.29.020
(b) Credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid
wages, unused airline tickets, and unidentified remittances,
but does not include discounts which represent credit balances for which no consideration was given;
(c) Stocks, and other intangible ownership interests in
business associations;
(d) Moneys deposited to redeem stocks, bonds, coupons,
and other securities, or to make distributions;
(e) Liquidated amounts due and payable under the terms
of insurance policies; and
(f) Amounts distributable from a trust or custodial fund
established under a plan to provide health, welfare, pension,
vacation, severance, retirement, death, stock purchase, profit
sharing, employee savings, supplemental unemployment
insurance, or similar benefits.
(13) "Last known address" means a description of the
location of the apparent owner sufficient for the purpose of
the delivery of mail.
(14) "Owner" means a depositor in the case of a deposit,
a beneficiary in case of a trust other than a deposit in trust, a
creditor, claimant, or payee in the case of other intangible
property, or a person having a legal or equitable interest in
property subject to this chapter or his legal representative.
(15) "Person" means an individual, business association,
state or other government, governmental subdivision or
agency, public corporation, public authority, estate, trust, two
or more persons having a joint or common interest, or any
other legal or commercial entity.
(16) "State" means any state, district, commonwealth,
territory, insular possession, or any other area subject to the
legislative authority of the United States.
(17) "Third party bank check" means any instrument
drawn against a customer’s account with a banking organization or financial organization on which the banking organization or financial organization is only secondarily liable.
(18) "Utility" means a person who owns or operates for
public use any plant, equipment, property, franchise, or
license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of
electricity, water, steam, or gas. [2005 c 285 § 1; 2004 c 168
§ 13; 1983 c 179 § 1.]
Effective date—2004 c 168 §§ 13 and 14: "Sections 13 and 14 of this
act take effect July 1, 2004." [2004 c 168 § 19.]
63.29.020
63.29.020 Property presumed abandoned—General
rule—Exceptions. (1) Except as otherwise provided by this
chapter, all intangible property, including any income or
increment derived therefrom, less any lawful charges, that is
held, issued, or owing in the ordinary course of the holder’s
business and has remained unclaimed by the owner for more
than three years after it became payable or distributable is
presumed abandoned.
(2) Property, with the exception of unredeemed Washington state lottery tickets and unpresented winning parimutuel tickets, is payable and distributable for the purpose of
this chapter notwithstanding the owner’s failure to make
demand or to present any instrument or document required to
receive payment.
(3) This chapter does not apply to claims drafts issued by
insurance companies representing offers to settle claims
[Title 63 RCW—page 19]
63.29.030
Title 63 RCW: Personal Property
unliquidated in amount or settled by subsequent drafts or
other means.
(4) This chapter does not apply to property covered by
chapter 63.26 RCW.
(5) This chapter does not apply to used clothing, umbrellas, bags, luggage, or other used personal effects if such property is disposed of by the holder as follows:
(a) In the case of personal effects of negligible value, the
property is destroyed; or
(b) The property is donated to a bona fide charity.
(6) This chapter does not apply to a gift certificate subject to the prohibition against expiration dates under RCW
19.240.020 or to a gift certificate subject to RCW 19.240.030
through 19.240.060. However, this chapter applies to gift
certificates presumed abandoned under RCW 63.29.110.
(7) This chapter does not apply to excess proceeds held
by counties, cities, towns, and other municipal or quasimunicipal corporations from foreclosures for delinquent
property taxes, assessments, or other liens. [2005 c 502 § 3;
2005 c 367 § 1; 2004 c 168 § 14; 2003 1st sp.s. c 13 § 1; 1992
c 122 § 1; 1988 c 226 § 2; 1983 c 179 § 2.]
Effective date—2005 c 502: See note following RCW 1.12.070.
Effective date—2004 c 168 §§ 13 and 14: See note following RCW
63.29.010.
Effective dates—2003 1st sp.s. c 13: "(1) Sections 8 through 10 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and take effect August 1, 2003.
(2) Sections 11 through 16 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2003.
(3) Sections 1 through 7 of this act take effect January 1, 2004." [2003
1st sp.s. c 13 § 17.]
63.29.030
63.29.030 General rules for taking custody of intangible unclaimed property. Unless otherwise provided in
this chapter or by other statute of this state, intangible property is subject to the custody of this state as unclaimed property if the conditions raising a presumption of abandonment
under RCW 63.29.020 and 63.29.050 through 63.29.160 are
satisfied and:
(1) The last known address, as shown on the records of
the holder, of the apparent owner is in this state;
(2) The records of the holder do not reflect the identity of
the person entitled to the property and it is established that the
last known address of the person entitled to the property is in
this state;
(3) The records of the holder do not reflect the last
known address of the apparent owner, and it is established
that:
(a) The last known address of the person entitled to the
property is in this state, or
(b) The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid or delivered the property to the state of the last
known address of the apparent owner or other person entitled
to the property;
(4) The last known address, as shown on the records of
the holder, of the apparent owner is in a state that does not
provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable
to the property and the holder is a domiciliary or a govern[Title 63 RCW—page 20]
ment or governmental subdivision or agency of this state:
PROVIDED, That a holder may rely, with acquittance, upon
a list of such states which shall be provided by the department;
(5) The last known address, as shown on the records of
the holder, of the apparent owner is in a foreign nation and
the holder is a domiciliary or a government or governmental
subdivision or agency of this state; or
(6) The transaction out of which the property arose
occurred in this state; and
(a)(i) The last known address of the apparent owner or
other person entitled to the property is unknown, or
(ii) The last known address of the apparent owner or
other person entitled to the property is in a state that does not
provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable
to the property: PROVIDED, That a holder may rely, with
acquittance, upon a list of such states which shall be provided
by the department, and
(b) The holder is a domiciliary of a state that does not
provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable
to the property. [1983 c 179 § 3.]
63.29.040
63.29.040 Travelers checks and money orders. (1)
Subject to subsection (4) of this section, any sum payable on
a travelers check that has been outstanding for more than fifteen years after its issuance is presumed abandoned unless
the owner, within fifteen years, has communicated in writing
with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file
prepared by an employee of the issuer.
(2) Subject to subsection (4) of this section, any sum
payable on a money order or similar written instrument, other
than a third party bank check, that has been outstanding for
more than five years after its issuance is presumed abandoned
unless the owner, within five years, has communicated in
writing with the issuer concerning it or otherwise indicated
an interest as evidenced by a memorandum or other record on
file prepared by an employee of the issuer.
(3) A holder may not deduct from the amount of a travelers check or money order any charge imposed by reason of
the failure to present the instrument for payment unless there
is a valid and enforceable written contract between the issuer
and the owner of the instrument pursuant to which the issuer
may impose a charge and the issuer regularly imposes such
charges and does not regularly reverse or otherwise cancel
them.
(4) No sum payable on a travelers check, money order,
or similar written instrument, other than a third party bank
check, described in subsections (1) and (2) of this section
may be subjected to the custody of this state as unclaimed
property unless:
(a) The records of the issuer show that the travelers
check, money order, or similar written instrument was purchased in this state;
(b) The issuer has its principal place of business in this
state and the records of the issuer do not show the state in
which the travelers check, money order, or similar written
instrument was purchased; or
(2006 Ed.)
Uniform Unclaimed Property Act
(c) The issuer has its principal place of business in this
state, the records of the issuer show the state in which the
travelers check, money order, or similar written instrument
was purchased and the laws of the state of purchase do not
provide for the escheat or custodial taking of the property or
its escheat or unclaimed property law is not applicable to the
property. The department shall provide to the issuer a list of
all such states and the issuer may rely with acquittance upon
such list.
(5) Notwithstanding any other provision of this chapter,
subsection (4) of this section applies to sums payable on travelers checks, money orders, and similar written instruments
presumed abandoned on or after February 1, 1965, except to
the extent that those sums have been paid over to a state.
[1983 c 179 § 4.]
63.29.050 Checks, drafts, and similar instruments
issued or certified by banking and financial organizations. (1) Any sum payable on a check, draft, or similar
instrument, except those subject to RCW 63.29.040, on
which a banking or financial organization is directly liable,
including a cashier’s check and a certified check, which has
been outstanding for more than three years after it was payable or after its issuance if payable on demand, is presumed
abandoned, unless the owner, within three years, has communicated in writing with the banking or financial organization
concerning it or otherwise indicated an interest as evidenced
by a memorandum or other record on file prepared by an
employee thereof.
(2) A holder may not deduct from the amount of any
instrument subject to this section any charge imposed by reason of the failure to present the instrument for payment unless
there is a valid and enforceable written contract between the
holder and the owner of the instrument pursuant to which the
holder may impose a charge, and the holder regularly
imposes such charges and does not regularly reverse or otherwise cancel them. [2003 1st sp.s. c 13 § 2; 1983 c 179 § 5.]
63.29.050
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.060 Bank deposits and funds in financial organizations. (1) Any demand, savings, or matured time deposit
with a banking or financial organization, including a deposit
that is automatically renewable, and any funds paid toward
the purchase of a share, a mutual investment certificate, or
any other interest in a banking or financial organization is
presumed abandoned unless the owner, within three years,
has:
(a) In the case of a deposit, increased or decreased its
amount or presented the passbook or other similar evidence
of the deposit for the crediting of interest;
(b) Communicated in writing with the banking or financial organization concerning the property;
(c) Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by
an employee of the banking or financial organization;
(d) Owned other property to which subsection (1)(a), (b),
or (c) of this section applies and if the banking or financial
organization communicates in writing with the owner with
regard to the property that would otherwise be presumed
abandoned under this subsection at the address to which com63.29.060
(2006 Ed.)
63.29.060
munications regarding the other property regularly are sent;
or
(e) Had another relationship with the banking or financial organization concerning which the owner has:
(i) In the case of a deposit, increased or decreased the
amount of the deposit or presented the passbook or other similar evidence of the deposit for the crediting of interest;
(ii) Communicated in writing with the banking or financial organization; or
(iii) Otherwise indicated an interest as evidenced by a
memorandum or other record on file prepared by an
employee of the banking or financial organization and if the
banking or financial organization communicates in writing
with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to
which communications regarding the other relationship regularly are sent.
(2) For purposes of subsection (1) of this section property includes interest and dividends.
(3) This chapter shall not apply to deposits made by a
guardian or decedent’s personal representative with a banking organization when the deposit is subject to withdrawal
only upon the order of the court in the guardianship or estate
proceeding.
(4) A holder may not impose with respect to property
described in subsection (1) of this section any charge due to
dormancy or inactivity or cease payment of interest unless:
(a) There is an enforceable written contract between the
holder and the owner of the property pursuant to which the
holder may impose a charge or cease payment of interest;
(b) For property in excess of ten dollars, the holder, no
more than three months before the initial imposition of those
charges or cessation of interest, has given written notice to
the owner of the amount of those charges at the last known
address of the owner stating that those charges will be
imposed or that interest will cease, but the notice provided in
this section need not be given with respect to charges
imposed or interest ceased before June 30, 1983; and
(c) The holder regularly imposes such charges or ceases
payment of interest and does not regularly reverse or otherwise cancel them or retroactively credit interest with respect
to the property.
(5) Any property described in subsection (1) of this section that is automatically renewable is matured for purposes
of subsection (1) of this section upon the expiration of its initial time period, or after one year if the initial period is less
than one year, but in the case of any renewal to which the
owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or
otherwise indicating consent as evidenced by a memorandum
or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the
last time period for which consent was given. If, at the time
provided for delivery in RCW 63.29.190, a penalty or forfeiture in the payment of interest would result from the delivery
of the property, the time for delivery is extended until the
time when no penalty or forfeiture would result. [2003 1st
sp.s. c 13 § 3; 1983 c 179 § 6.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
[Title 63 RCW—page 21]
63.29.070
63.29.070
Title 63 RCW: Personal Property
63.29.070 Funds owing under life insurance policies.
(1) Funds held or owing under any life or endowment insurance policy or annuity contract that has matured or terminated are presumed abandoned if unclaimed for more than
three years after the funds became due and payable as established from the records of the insurance company holding or
owing the funds, but property described in subsection (3)(b)
of this section is presumed abandoned if unclaimed for more
than two years.
(2) If a person other than the insured or annuitant is entitled to the funds and an address of the person is not known to
the company or it is not definite and certain from the records
of the company who is entitled to the funds, it is presumed
that the last known address of the person entitled to the funds
is the same as the last known address of the insured or annuitant according to the records of the company.
(3) For purposes of this chapter, a life or endowment
insurance policy or annuity contract not matured by actual
proof of the death of the insured or annuitant according to the
records of the company is matured and the proceeds due and
payable if:
(a) The company knows that the insured or annuitant has
died; or
(b)(i) The insured has attained, or would have attained if
he were living, the limiting age under the mortality table on
which the reserve is based;
(ii) The policy was in force at the time the insured
attained, or would have attained, the limiting age specified in
subparagraph (i) of this subsection; and
(iii) Neither the insured nor any other person appearing
to have an interest in the policy within the preceding two
years, according to the records of the company, has assigned,
readjusted, or paid premiums on the policy, subjected the policy to a loan, corresponded in writing with the company concerning the policy, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by
an employee of the company.
(4) For purposes of this chapter, the application of an
automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a
policy from being matured or terminated under subsection (1)
of this section if the insured has died or the insured or the
beneficiaries of the policy otherwise have become entitled to
the proceeds thereof before the depletion of the cash surrender value of a policy by the application of those provisions.
(5) If the laws of this state or the terms of the life insurance policy require the company to give notice to the insured
or owner that an automatic premium loan provision or other
nonforfeiture provision has been exercised and the notice,
given to an insured or owner whose last known address
according to the records of the company is in this state, is
undeliverable, the company shall make a reasonable search to
ascertain the policyholder’s correct address to which the
notice must be mailed.
(6) Notwithstanding any other provision of law, if the
company learns of the death of the insured or annuitant and
the beneficiary has not communicated with the insurer within
four months after the death, the company shall take reasonable steps to pay the proceeds to the beneficiary.
(7) Commencing two years after June 30, 1983, every
change of beneficiary form issued by an insurance company
[Title 63 RCW—page 22]
under any life or endowment insurance policy or annuity contract to an insured or owner who is a resident of this state
must request the following information:
(a) The name of each beneficiary, or if a class of beneficiaries is named, the name of each current beneficiary in the
class;
(b) The address of each beneficiary; and
(c) The relationship of each beneficiary to the insured.
[2003 1st sp.s. c 13 § 4; 1983 c 179 § 7.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.080
63.29.080 Deposits held by utilities. (1) A deposit,
including any interest thereon, made by a subscriber with a
utility to secure payment or any sum paid in advance for utility services to be furnished, less any lawful deductions, that
remains unclaimed by the owner for more than one year after
termination of the services for which the deposit or advance
payment was made is presumed abandoned.
(2) Any sum which a utility has been ordered to refund
and which was received for utility services rendered in this
state, together with any interest thereon, less any lawful
deductions, that has remained unclaimed by the person
appearing on the records of the utility entitled thereto for
more than one year after the date it became payable in accordance with the final determination or order providing for the
refund is presumed abandoned. [1983 c 179 § 8.]
63.29.090
63.29.090 Refunds held by business associations.
Except to the extent otherwise ordered by the court or administrative agency, any sum that a business association has been
ordered to refund by a court or administrative agency which
has remained unclaimed by the owner for more than one year
after it became payable in accordance with the final determination or order providing for the refund, whether or not the
final determination or order requires any person entitled to a
refund to make a claim for it, is presumed abandoned. [1983
c 179 § 9.]
63.29.100
63.29.100 Stock and other intangible interests in
business associations. (1) Except as provided in subsections
(2) and (5) of this section, stock or other intangible ownership
interest in a business association, the existence of which is
evidenced by records available to the association, is presumed abandoned and, with respect to the interest, the association is the holder, if a dividend, distribution, or other sum
payable as a result of the interest has remained unclaimed by
the owner for three years and the owner within three years
has not:
(a) Communicated in writing with the association
regarding the interest or a dividend, distribution, or other sum
payable as a result of the interest; or
(b) Otherwise communicated with the association
regarding the interest or a dividend, distribution, or other sum
payable as a result of the interest, as evidenced by a memorandum or other record on file with the association prepared
by an employee of the association.
(2) At the expiration of a three-year period following the
failure of the owner to claim a dividend, distribution, or other
sum payable to the owner as a result of the interest, the inter(2006 Ed.)
Uniform Unclaimed Property Act
est is not presumed abandoned unless there have been at least
five dividends, distributions, or other sums paid during the
period, none of which has been claimed by the owner. If five
dividends, distributions, or other sums are paid during the
three-year period, the period leading to a presumption of
abandonment commences on the date payment of the first
such unclaimed dividend, distribution, or other sum became
due and payable. If five dividends, distributions, or other
sums are not paid during the presumptive period, the period
continues to run until there have been five dividends, distributions, or other sums that have not been claimed by the
owner.
(3) The running of the three-year period of abandonment
ceases immediately upon the occurrence of a communication
referred to in subsection (1) of this section. If any future dividend, distribution, or other sum payable to the owner as a
result of the interest is subsequently not claimed by the
owner, a new period of abandonment commences and relates
back to the time a subsequent dividend, distribution, or other
sum became due and payable.
(4) At the time any interest is presumed abandoned under
this section, any dividend, distribution, or other sum then
held for or owing to the owner as a result of the interest, and
not previously presumed abandoned, is presumed abandoned.
(5) This chapter shall not apply to any stock or other
intangible ownership interest enrolled in a plan that provides
for the automatic reinvestment of dividends, distributions, or
other sums payable as a result of the interest unless:
(a) The records available to the administrator of the plan
show, with respect to any intangible ownership interest not
enrolled in the reinvestment plan, that the owner has not
within three years communicated in any manner described in
subsection (1) of this section; or
(b) Three years have elapsed since the location of the
owner became unknown to the association, as evidenced by
the return of official shareholder notifications or communications by the postal service as undeliverable, and the owner
has not within those three years communicated in any manner
described in subsection (1) of this section. The three-year
period from the return of official shareholder notifications or
communications shall commence from the earlier of the
return of the second such mailing or the date the holder discontinues mailings to the shareholder. [2003 1st sp.s. c 13 §
5; 1996 c 45 § 1; 1983 c 179 § 10.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.110 Property of business associations held in
course of dissolution. Intangible property distributable in
the course of a dissolution of a business association which
remains unclaimed by the owner for more than one year after
the date specified for final distribution is presumed abandoned. [1983 c 179 § 11.]
63.29.110
63.29.120
63.29.120 Property held by agents and fiduciaries.
(1) Intangible property and any income or increment derived
therefrom held in a fiduciary capacity for the benefit of
another person is presumed abandoned unless the owner,
within three years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated concerning the
(2006 Ed.)
63.29.135
property, or otherwise indicated an interest as evidenced by a
memorandum or other record on file prepared by the fiduciary.
(2) Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or
plan established pursuant to the internal revenue laws of the
United States are not payable or distributable within the
meaning of subsection (1) of this section unless, under the
terms of the account or plan, distribution of all or part of the
funds would then be mandatory.
(3) For the purpose of this section, a person who holds
property as an agent for a business association is deemed to
hold the property in a fiduciary capacity for that business
association alone, unless the agreement between him and the
business association provides otherwise.
(4) For the purposes of this chapter, a person who is
deemed to hold property in a fiduciary capacity for a business
association alone is the holder of the property only insofar as
the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property
is concerned. [2003 1st sp.s. c 13 § 6; 1983 c 179 § 12.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.130
63.29.130 Property held by courts and public agencies. Intangible property held for the owner by a court, state
or other government, governmental subdivision or agency,
public corporation, public authority, or the United States or
any instrumentality of the United States that remains
unclaimed by the owner for more than two years after becoming payable or distributable is presumed abandoned. [1993 c
498 § 2; 1983 c 179 § 13.]
63.29.133
63.29.133 Property held by landlord. Intangible property held by a landlord as a result of a sheriff’s sale pursuant
to RCW 59.18.312 that remains unclaimed for a period of one
year from the date of the sale is presumed abandoned. [1992
c 38 § 9.]
Intent—Effective date—1992 c 38: See notes following RCW
59.18.352.
63.29.135
63.29.135 Abandoned intangible property held by
local government. A local government holding abandoned
intangible property that is not forwarded to the department of
revenue, as authorized under RCW 63.29.190, shall not be
required to maintain current records of this property for
longer than five years after the property is presumed to be
abandoned, and at that time may archive records of this intangible property and transfer the intangible property to its general fund. However, the local government shall remain liable
to pay the intangible property to a person or entity subsequently establishing its ownership of this intangible property.
[1990 2nd ex.s. c 1 § 301.]
Applicability—1990 2nd ex.s. c 1: "Any funds covered by RCW
63.29.190 that were received by the state prior to June 6, 1990, shall be
retained by the state of Washington, and any such funds not remitted to the
state prior to June 6, 1990, may be retained as provided for under RCW
63.29.190." [1990 2nd ex.s. c 1 § 303.]
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
[Title 63 RCW—page 23]
63.29.140
Title 63 RCW: Personal Property
63.29.140 Gift certificates and credit memos. (1) A
gift certificate or a credit memo issued in the ordinary course
of an issuer’s business which remains unclaimed by the
owner for more than three years after becoming payable or
distributable is presumed abandoned.
(2) In the case of a gift certificate, the amount presumed
abandoned is the price paid by the purchaser for the gift certificate. In the case of a credit memo, the amount presumed
abandoned is the amount credited to the recipient of the
memo.
(3) A gift certificate that is presumed abandoned under
this section may, but need not be, included in the report as
provided under RCW 63.29.170(4). If a gift certificate that is
presumed abandoned under this section is not timely reported
as provided under RCW 63.29.170(4), RCW 19.240.005
through 19.240.110 apply to the gift certificate. [2004 c 168
§ 15; 2003 1st sp.s. c 13 § 7; 1983 c 179 § 14.]
63.29.140
Effective date—2004 c 168 §§ 15 and 16: "Sections 15 and 16 of this
act take effect January 1, 2005." [2004 c 168 § 20.]
Effective dates—2003 1st sp.s. c 13: See note following RCW
63.29.020.
63.29.150 Wages. Unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder’s business which remain unclaimed
by the owner for more than one year after becoming payable
are presumed abandoned. [1983 c 179 § 15.]
63.29.150
63.29.160 Contents of safe deposit box or other safekeeping repository. All tangible and intangible property
held in a safe deposit box or any other safekeeping repository
in this state in the ordinary course of the holder’s business
and proceeds resulting from the sale of the property permitted
by other law, which remain unclaimed by the owner for more
than five years after the lease or rental period on the box or
other repository has expired, are presumed abandoned. [1983
c 179 § 16.]
63.29.160
63.29.165 Property in self-storage facility. The excess
proceeds of a sale conducted pursuant to RCW 19.150.080 by
an owner of a self-service storage facility to satisfy the lien
and costs of storage which are not claimed by the occupant of
the storage space or any other person which remains
unclaimed for more than six months are presumed abandoned. [1993 c 498 § 4; 1988 c 240 § 21.]
63.29.165
Severability—1988 c 240: See RCW 19.150.904.
63.29.170 Report of abandoned property. (1) A person holding property presumed abandoned and subject to
custody as unclaimed property under this chapter shall report
to the department concerning the property as provided in this
section.
(2) The report must be verified and must include:
(a) Except with respect to travelers checks and money
orders, the name, if known, and last known address, if any, of
each person appearing from the records of the holder to be the
owner of property with a value of more than fifty dollars presumed abandoned under this chapter;
(b) In the case of unclaimed funds of more than fifty dollars held or owing under any life or endowment insurance
policy or annuity contract, the full name and last known
63.29.170
[Title 63 RCW—page 24]
address of the insured or annuitant and of the beneficiary
according to the records of the insurance company holding or
owing the funds;
(c) In the case of the contents of a safe deposit box or
other safekeeping repository or in the case of other tangible
property, a description of the property and the place where it
is held and where it may be inspected by the department, and
any amounts owing to the holder;
(d) The nature and identifying number, if any, or description of the property and the amount appearing from the
records to be due, but items with a value of fifty dollars or
less each may be reported in the aggregate;
(e) The date the property became payable, demandable,
or returnable, and the date of the last transaction with the
apparent owner with respect to the property; and
(f) Other information the department prescribes by rule
as necessary for the administration of this chapter.
(3) If the person holding property presumed abandoned
and subject to custody as unclaimed property is a successor to
other persons who previously held the property for the apparent owner or the holder has changed his or her name while
holding the property, the holder shall file with the report all
known names and addresses of each previous holder of the
property.
(4) The report must be filed before November 1st of each
year and shall include, except as provided in RCW
63.29.140(3), all property presumed abandoned and subject
to custody as unclaimed property under this chapter that is in
the holder’s possession as of the preceding June 30th. On
written request by any person required to file a report, the
department may postpone the reporting date.
(5) After May 1st, but before August 1st, of each year in
which a report is required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall send written notice to the apparent owner at the last known address
informing him or her that the holder is in possession of property subject to this chapter if:
(a) The holder has in its records an address for the apparent owner which the holder’s records do not disclose to be
inaccurate;
(b) The claim of the apparent owner is not barred by the
statute of limitations; and
(c) The property has a value of more than seventy-five
dollars. [2004 c 168 § 16; 2003 c 237 § 1; 1996 c 45 § 2;
1993 c 498 § 7; 1983 c 179 § 17.]
Effective date—2004 c 168 §§ 15 and 16: See note following RCW
63.29.140.
63.29.180
63.29.180 Notice and publication of information
about unclaimed property. (1) The department shall cause
a notice to be published not later than November 1st, immediately following the report required by RCW 63.29.170 in a
newspaper of general circulation within this state, which the
department determines is most likely to give notice to the
apparent owner of the property.
(2) The published notice must be entitled "Notice to
Owners of Unclaimed Property" and contain a summary
explanation of how owners may obtain information about
unclaimed property reported to the department.
(2006 Ed.)
Uniform Unclaimed Property Act
(3) Not later than September 1st, immediately following
the report required by RCW 63.29.170, the department shall
mail a notice to each person whose last known address is
listed in the report and who appears to be entitled to property
with a value of more than seventy-five dollars presumed
abandoned under this chapter and any beneficiary of a life or
endowment insurance policy or annuity contract for whom
the department has a last known address.
(4) The mailed notice must contain:
(a) A statement that, according to a report filed with the
department, property is being held to which the addressee
appears entitled; and
(b) The name of the person reporting the property and
the type of property described in the report.
(5) This section is not applicable to sums payable on
travelers checks, money orders, and other written instruments
presumed abandoned under RCW 63.29.040. [2005 c 367 §
2; 2003 c 237 § 2; 1993 c 498 § 9; 1986 c 84 § 1; 1983 c 179
§ 18.]
63.29.190
63.29.190 Payment or delivery of abandoned property. (1) Except as otherwise provided in subsections (2) and
(3) of this section, a person who is required to file a report
under RCW 63.29.170 shall pay or deliver to the department
all abandoned property required to be reported at the time of
filing the report.
(2)(a) Counties, cities, towns, and other municipal and
quasi-municipal corporations that hold funds representing
warrants canceled pursuant to RCW 36.22.100 and
39.56.040, uncashed checks, and property tax overpayments
or refunds may retain the funds until the owner notifies them
and establishes ownership as provided in RCW 63.29.135.
Counties, cities, towns, or other municipal or quasi-municipal corporations shall provide to the department a report of
property it is holding pursuant to this section. The report
shall identify the property and owner in the manner provided
in RCW 63.29.170 and the department shall publish the
information as provided in RCW 63.29.180.
(b)(i) A public transportation authority that holds funds
representing value on abandoned fare cards may retain the
funds until the owner notifies the authority and establishes
ownership as provided in RCW 63.29.135.
(ii) For the purposes of this subsection (2)(b), "public
transportation authority" means a municipality, as defined in
RCW 35.58.272, a regional transit authority authorized by
chapter 81.112 RCW, a public mass transportation system
authorized by chapter 47.60 RCW, or a city transportation
authority authorized by chapter 35.95A RCW.
(3) The contents of a safe deposit box or other safekeeping repository presumed abandoned under RCW 63.29.160
and reported under RCW 63.29.170 shall be paid or delivered
to the department within six months after the final date for filing the report required by RCW 63.29.170.
If the owner establishes the right to receive the abandoned property to the satisfaction of the holder before the
property has been delivered or it appears that for some other
reason the presumption of abandonment is erroneous, the
holder need not pay or deliver the property to the department,
and the property will no longer be presumed abandoned. In
that case, the holder shall file with the department a verified
(2006 Ed.)
63.29.200
written explanation of the proof of claim or of the error in the
presumption of abandonment.
(4) The holder of an interest under RCW 63.29.100 shall
deliver a duplicate certificate or other evidence of ownership
if the holder does not issue certificates of ownership to the
department. Upon delivery of a duplicate certificate to the
department, the holder and any transfer agent, registrar, or
other person acting for or on behalf of a holder in executing
or delivering the duplicate certificate is relieved of all liability of every kind in accordance with RCW 63.29.200 to every
person, including any person acquiring the original certificate
or the duplicate of the certificate issued to the department, for
any losses or damages resulting to any person by the issuance
and delivery to the department of the duplicate certificate.
[2005 c 502 § 4; 2005 c 367 § 3; 2005 c 285 § 2; 1993 c 498
§ 8; 1991 c 311 § 7; 1990 2nd ex.s. c 1 § 302; 1983 c 179 §
19.]
Reviser’s note: This section was amended by 2005 c 285 § 2, 2005 c
367 § 3, and by 2005 c 502 § 4, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2005 c 502: See note following RCW 1.12.070.
Severability—1991 c 311: See note following RCW 82.14.310.
Applicability—1990 2nd ex.s. c 1: See note following RCW
63.29.135.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
63.29.200
63.29.200 Custody by state—Holder relieved from
liability—Reimbursement of holder paying claim—
Reclaiming for owner—Defense of holder—Payment of
safe deposit box or repository charges. (1) Upon the payment or delivery of property to the department, the state
assumes custody and responsibility for the safekeeping of the
property. A person who pays or delivers property to the
department in good faith is relieved of all liability to the
extent of the value of the property paid or delivered for any
claim then existing or which thereafter may arise or be made
in respect to the property.
(2) A holder who has paid money to the department pursuant to this chapter may make payment to any person
appearing to the holder to be entitled to payment and, upon
filing proof of payment and proof that the payee was entitled
thereto, the department shall promptly reimburse the holder
for the payment without imposing any fee or other charge. If
reimbursement is sought for a payment made on an instrument, including a travelers check or money order, the holder
must be reimbursed under this subsection upon filing proof
that the instrument was duly presented and that payment was
made to a person who appeared to the holder to be entitled to
payment. The holder must be reimbursed for payment made
under this subsection even if the payment was made to a person whose claim was barred under RCW 63.29.290(1).
(3) A holder who has delivered property (including a certificate of any interest in a business association) other than
money to the department pursuant to this chapter may
reclaim the property if still in the possession of the department, without paying any fee or other charge, upon filing
proof that the owner has claimed the property from the
holder.
[Title 63 RCW—page 25]
63.29.210
Title 63 RCW: Personal Property
(4) The department may accept the holder’s affidavit as
sufficient proof of the facts that entitle the holder to recover
money and property under this section.
(5) If the holder pays or delivers property to the department in good faith and thereafter another person claims the
property from the holder or another state claims the money or
property under its laws relating to escheat or abandoned or
unclaimed property, the department, upon written notice of
the claim, shall defend the holder against the claim and
indemnify the holder against any liability on the claim.
(6) For the purposes of this section, "good faith" means
that:
(a) Payment or delivery was made in a reasonable
attempt to comply with this chapter;
(b) The person delivering the property was not a fiduciary then in breach of trust in respect to the property and had
a reasonable basis for believing, based on the facts then
known to him, that the property was abandoned for the purposes of this chapter; and
(c) There is no showing that the records pursuant to
which the delivery was made did not meet reasonable commercial standards of practice in the industry.
(7) Property removed from a safe deposit box or other
safekeeping repository is received by the department subject
to the holder’s right under this subsection to be reimbursed
for the actual cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent
or storage charges. The department shall reimburse or pay the
holder out of the proceeds remaining after deducting the
department’s selling cost. The liability of the department for
this reimbursement to the holder shall be limited to the proceeds of the sale of the property remaining after the deduction
of the department’s costs. [1983 c 179 § 20.]
63.29.210
63.29.210 Crediting of dividends, interest, or increments to owner’s account. Whenever property other than
money is paid or delivered to the department under this chapter, the owner is entitled to receive from the department any
dividends, interest, or other increments realized or accruing
on the property at or before liquidation or conversion thereof
into money. [1983 c 179 § 21.]
63.29.220
63.29.220 Public sale of abandoned property. (1)
Except as provided in subsections (2) and (3) of this section
the department, within five years after the receipt of abandoned property, shall sell it to the highest bidder at public sale
in whatever city in the state affords in the judgment of the
department the most favorable market for the property
involved. The department may decline the highest bid and
reoffer the property for sale if in the judgment of the department the bid is insufficient. If in the judgment of the department the probable cost of sale exceeds the value of the property, it need not be offered for sale. Any sale held under this
section must be preceded by a single publication of notice, at
least three weeks in advance of sale, in a newspaper of general circulation in the county in which the property is to be
sold.
(2) Securities listed on an established stock exchange
must be sold at prices prevailing at the time of sale on the
exchange. Other securities may be sold over the counter at
[Title 63 RCW—page 26]
prices prevailing at the time of sale or by any other method
the department considers advisable. All securities may be
sold over the counter at prices prevailing at the time of the
sale, or by any other method the department deems advisable.
(3) Unless the department considers it to be in the best
interest of the state to do otherwise, all securities, other than
those presumed abandoned under RCW 63.29.100, delivered
to the department must be held for at least one year before
being sold.
(4) Unless the department considers it to be in the best
interest of the state to do otherwise, all securities presumed
abandoned under RCW 63.29.100 and delivered to the
department must be held for at least three years before being
sold. If the department sells any securities delivered pursuant
to RCW 63.29.100 before the expiration of the three-year
period, any person making a claim pursuant to this chapter
before the end of the three-year period is entitled to either the
proceeds of the sale of the securities or the market value of
the securities at the time the claim is made, whichever
amount is greater, less any deduction for fees pursuant to
RCW 63.29.230(2). A person making a claim under this
chapter after the expiration of this period is entitled to receive
either the securities delivered to the department by the holder,
if they still remain in the hands of the department, or the proceeds received from sale, less any amounts deducted pursuant
to RCW 63.29.230(2), but no person has any claim under this
chapter against the state, the holder, any transfer agent, registrar, or other person acting for or on behalf of a holder for any
appreciation in the value of the property occurring after delivery by the holder to the department.
(5) The purchaser of property at any sale conducted by
the department pursuant to this chapter takes the property
free of all claims of the owner or previous holder thereof and
of all persons claiming through or under them. The department shall execute all documents necessary to complete the
transfer of ownership. [2005 c 367 § 4; 1996 c 45 § 3; 1993
c 498 § 10; 1983 c 179 § 22.]
63.29.230
63.29.230 Deposit of funds. (1) Except as otherwise
provided by this section, the department shall promptly
deposit in the general fund of this state all funds received
under this chapter, including the proceeds from the sale of
abandoned property under RCW 63.29.220. The department
shall retain in a separate trust fund an amount not less than
two hundred fifty thousand dollars from which prompt payment of claims duly allowed must be made by the department. Before making the deposit, the department shall record
the name and last known address of each person appearing
from the holders’ reports to be entitled to the property and the
name and last known address of each insured person or annuitant and beneficiary and with respect to each policy or contract listed in the report of an insurance company its number,
and the name of the company. The record must be available
for public inspection at all reasonable business hours.
(2) The department of revenue may pay from the trust
fund provided in subsection (1) of this section any costs of
administering this chapter. [1983 c 179 § 23.]
63.29.240
63.29.240 Filing of claim with department. (1) A person, excluding another state, claiming an interest in any prop(2006 Ed.)
Uniform Unclaimed Property Act
erty paid or delivered to the department may file with it a
claim on a form prescribed by it and verified by the claimant.
(2) The department shall consider each claim within
ninety days after it is filed and give written notice to the
claimant if the claim is denied in whole or in part. The notice
may be given by mailing it to the last address, if any, stated in
the claim as the address to which notices are to be sent. If no
address for notices is stated in the claim, the notice may be
mailed to the last address, if any, of the claimant as stated in
the claim. No notice of denial need be given if the claim fails
to state either the last address to which notices are to be sent
or the address of the claimant.
(3) If a claim is allowed, the department shall pay over or
deliver to the claimant the property or the amount the department actually received or the net proceeds if it has been sold
by the department, together with any additional amount
required by RCW 63.29.210. If the claim is for property presumed abandoned under RCW 63.29.100 which was sold by
the department within three years after the date of delivery,
the amount payable for that claim is the value of the property
at the time the claim was made or the net proceeds of sale,
whichever is greater. If the property claimed was interestbearing to the owner on the date of surrender by the holder,
the department also shall pay interest at the legal rate or any
lesser rate the property earned while in the possession of the
holder. Interest begins to accrue when the property is delivered to the department and ceases on the earlier of the expiration of ten years after delivery or the date on which payment
is made to the owner. No interest on interest-bearing property
is payable for any period before June 30, 1983.
(4) Any holder who pays the owner for property that has
been delivered to the state and which, if claimed from the
department, would be subject to subsection (3) of this section
shall add interest as provided in subsection (3) of this section.
The added interest must be repaid to the holder by the department in the same manner as the principal. [1983 c 179 § 24.]
63.29.250
63.29.250 Claim of another state to recover property—Procedure. (1) At any time after property has been
paid or delivered to the department under this chapter another
state may recover the property if:
(a) The property was subjected to custody by this state
because the records of the holder did not reflect the last
known address of the apparent owner when the property was
presumed abandoned under this chapter, and the other state
establishes that the last known address of the apparent owner
or other person entitled to the property was in that state and
under the laws of that state the property escheated to or was
subject to a claim of abandonment by that state;
(b) The last known address of the apparent owner or
other person entitled to the property, as reflected by the
records of the holder, is in the other state and under the laws
of that state the property has escheated to or become subject
to a claim of abandonment by that state;
(c) The records of the holder were erroneous in that they
did not accurately reflect the actual owner of the property and
the last known address of the actual owner is in the other state
and under the laws of that state the property escheated to or
was subject to a claim of abandonment by that state;
(d) The property was subjected to custody by this state
under RCW 63.29.030(6) and under the laws of the state of
(2006 Ed.)
63.29.280
domicile of the holder the property has escheated to or
become subject to a claim of abandonment by that state; or
(e) The property is the sum payable on a travelers check,
money order, or other similar instrument that was subjected
to custody by this state under RCW 63.29.040, and the instrument was purchased in the other state, and under the laws of
that state the property escheated to or became subject to a
claim of abandonment by that state.
(2) The claim of another state to recover escheated or
abandoned property must be presented in a form prescribed
by the department, who shall decide the claim within ninety
days after it is presented. The department shall allow the
claim if it determines that the other state is entitled to the
abandoned property under subsection (1) of this section.
(3) The department shall require a state, before recovering property under this section, to agree to indemnify this
state and its officers and employees against any liability on a
claim for the property. [1983 c 179 § 25.]
63.29.260
63.29.260 Action to establish claim. A person
aggrieved by a decision of the department or whose claim has
not been acted upon within ninety days after its filing may
bring an action to establish the claim in the superior court of
Thurston county naming the department as a defendant. The
action must be brought within ninety days after the decision
of the department or within one hundred eighty days after the
filing of the claim if the department has failed to act on it.
[1983 c 179 § 26.]
63.29.270
63.29.270 Election to take payment or delivery. (1)
The department may decline to receive any property reported
under this chapter which it considers to have a value less than
the expense of giving notice and of sale. If the department
elects not to receive custody of the property, the holder shall
be notified within one hundred twenty days after filing the
report required under RCW 63.29.170. The holder then may
dispose of the property in such manner as it sees fit. No action
or proceeding may be maintained against the holder for or on
account of any action taken by the holder pursuant to this
subsection with respect to the property.
(2) A holder, with the written consent of the department
and upon conditions and terms prescribed by it, may report
and deliver property before the property is presumed abandoned. Property delivered under this subsection must be held
by the department and is not presumed abandoned until such
time as it otherwise would be presumed abandoned under this
chapter. [1983 c 179 § 27.]
63.29.280
63.29.280 Destruction or disposition of property having insubstantial commercial value—Immunity from liability. If the department determines after investigation that
any property delivered under this chapter has insubstantial
commercial value, the department may destroy or otherwise
dispose of the property at any time. No action or proceeding
may be maintained against the state or any officer or against
the holder for or on account of any action taken by the department pursuant to this section. Original documents which the
department has identified to be destroyed and which have
legal significance or historical interest may be surrendered to
[Title 63 RCW—page 27]
63.29.290
Title 63 RCW: Personal Property
the state historical museum or to the state library. [2005 c
367 § 5; 1983 c 179 § 28.]
63.29.290
63.29.290 Periods of limitation. (1) The expiration,
after September 1, 1979, of any period of time specified by
contract, statute, or court order, during which a claim for
money or property can be made or during which an action or
proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not
prevent the money or property from being presumed abandoned or affect any duty to file a report or to pay or deliver
abandoned property to the department as required by this
chapter.
(2) No action or proceeding may be commenced by the
department with respect to any duty of a holder under this
chapter more than six years after the duty arose. [1983 c 179
§ 29.]
property for which it has obtained the last known address of
the owner, shall maintain a record of the name and last known
address of the owner for six years after the property becomes
reportable, except to the extent that a shorter time is provided
in subsection (2) of this section or by rule of the department.
(2) Any business association that sells in this state its
travelers checks, money orders, or other similar written
instruments, other than third-party bank checks on which the
business association is directly liable, or that provides such
instruments to others for sale in this state, shall maintain a
record of those instruments while they remain outstanding,
indicating the state and date of issue for three years after the
date the property is reportable. [1983 c 179 § 31.]
63.29.320
63.29.320 Enforcement. The department may bring an
action in a court of competent jurisdiction to enforce this
chapter. [1983 c 179 § 32.]
63.29.300
63.29.300 Requests for reports and examination of
records. (1) The department may require any person who
has not filed a report to file a verified report stating whether
or not the person is holding any unclaimed property reportable or deliverable under this chapter. Nothing in this chapter
requires reporting of property which is not subject to payment or delivery.
(2) The department, at reasonable times and upon reasonable notice, may examine the records of any person to
determine whether the person has complied with the provisions of this chapter. The department may conduct the examination even if the person believes it is not in possession of
any property reportable or deliverable under this chapter.
(3) If a person is treated under RCW 63.29.120 as the
holder of the property only insofar as the interest of the business association in the property is concerned, the department,
pursuant to subsection (2) of this section, may examine the
records of the person if the department has given the notice
required by subsection (2) of this section to both the person
and the business association at least ninety days before the
examination.
(4) If an examination of the records of a person results in
the disclosure of property reportable and deliverable under
this chapter, the department may assess the cost of the examination against the holder at the rate of one hundred forty dollars a day for each examiner, but in no case may the charges
exceed the lesser of three thousand dollars or the value of the
property found to be reportable and deliverable. No assessment shall be imposed where the person proves that failure to
report and deliver property was inadvertent. The cost of
examination made pursuant to subsection (3) of this section
may be imposed only against the business association.
(5) If a holder fails after June 30, 1983, to maintain the
records required by RCW 63.29.310 and the records of the
holder available for the periods subject to this chapter are
insufficient to permit the preparation of a report, the department may require the holder to report and pay such amounts
as may reasonably be estimated from any available records.
[1983 c 179 § 30.]
63.29.310
63.29.310 Retention of records. (1) Every holder
required to file a report under RCW 63.29.170, as to any
[Title 63 RCW—page 28]
63.29.330
63.29.330 Interstate agreements and cooperation—
Joint and reciprocal actions with other states. (1) The
department may enter into agreements with other states to
exchange information needed to enable this or another state
to audit or otherwise determine unclaimed property that it or
another state may be entitled to subject to a claim of custody.
The department by rule may require the reporting of information needed to enable compliance with agreements made pursuant to this section and prescribe the form.
(2) To avoid conflicts between the department’s procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the
department, so far as is consistent with the purposes, policies,
and provisions of this chapter, before adopting, amending or
repealing rules, shall advise and consult with administrators
in other jurisdictions that enact substantially the Uniform
Unclaimed Property Act and take into consideration the rules
of administrators in other jurisdictions that enact the Uniform
Unclaimed Property Act.
(3) The department may join with other states to seek
enforcement of this chapter against any person who is or may
be holding property reportable under this chapter.
(4) At the request of another state, the attorney general of
this state may bring an action in the name of the administrator
of the other state in any court of competent jurisdiction to
enforce the unclaimed property laws of the other state against
a holder in this state of property subject to escheat or a claim
of abandonment by the other state, if the other state has
agreed to pay expenses incurred by the attorney general in
bringing the action.
(5) The department may request that the attorney general
of another state or any other person bring an action in the
name of the department in the other state. This state shall pay
all expenses including attorney’s fees in any action under this
subsection. The department may agree to pay the person
bringing the action attorney’s fees based in whole or in part
on a percentage of the value of any property recovered in the
action. Any expenses paid pursuant to this subsection may
not be deducted from the amount that is subject to the claim
by the owner under this chapter. [1983 c 179 § 33.]
(2006 Ed.)
Unclaimed Property in Hands of City Police
63.29.340
63.29.340 Interest and penalties. (1) A person who
fails to pay or deliver property within the time prescribed by
this chapter shall be required to pay to the department interest
at the rate as computed under RCW 82.32.050(2) from the
date the property should have been paid or delivered until the
property is paid or delivered, unless the department finds that
the failure to pay or deliver the property within the time prescribed by this chapter was the result of circumstances
beyond the person’s control sufficient for waiver or cancellation of interest under RCW 82.32.105.
(2) A person who willfully fails to render any report, to
pay or deliver property, or to perform other duties required
under this chapter shall pay a civil penalty of one hundred
dollars for each day the report is withheld or the duty is not
performed, but not more than five thousand dollars, plus one
hundred percent of the value of the property which should
have been reported, paid or delivered.
(3) A person who willfully refuses after written demand
by the department to pay or deliver property to the department as required under this chapter or who enters into a contract to avoid the duties of this chapter is guilty of a gross
misdemeanor and upon conviction may be punished by a fine
of not more than one thousand dollars or imprisonment for
not more than one year, or both. [1996 c 149 § 11; 1996 c 45
§ 4; 1983 c 179 § 34.]
Reviser’s note: This section was amended by 1996 c 45 § 4 and by
1996 c 149 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
63.29.350
63.29.350 Penalty for excessive fee for locating abandoned property. It is unlawful for any person to seek or
receive from any person or contract with any person for any
fee or compensation for locating or purporting to locate any
property which he knows has been reported or paid or delivered to the department of revenue pursuant to this chapter in
excess of five percent of the value thereof returned to such
owner. Any person violating this section is guilty of a misdemeanor and shall be fined not less than the amount of the fee
or charge he has sought or received or contracted for, and not
more than ten times such amount, or imprisoned for not more
than thirty days, or both. [1983 c 179 § 35.]
63.29.360
63.29.360 Foreign transactions. This chapter does not
apply to any property held, due, and owing in a foreign country and arising out of a foreign transaction. [1983 c 179 § 36.]
Chapter 63.32
63.29.900
63.29.900 Effect of new provisions—Clarification of
application. (1) This chapter does not relieve a holder of a
duty that arose before June 30, 1983, to report, pay, or deliver
property. A holder who did not comply with the law in effect
before June 30, 1983, is subject to the applicable enforcement
and penalty provisions that then existed and they are continued in effect for the purpose of this subsection, subject to
RCW 63.29.290(2).
(2) The initial report to be filed under this chapter shall
include all property which is presumed abandoned under this
chapter. The report shall include property that was not
required to be reported before June 30, 1983, but which
would have been presumed abandoned on or after September
1, 1979 under the terms of chapter 63.29 RCW.
(3) It shall be a defense to any action by the department
that facts cannot be established because a holder, prior to January 1, 1983, destroyed or lost records or did not then keep
records, if the destruction, loss, or failure to keep records did
not violate laws existing at the time of the destruction, loss or
failure. [1983 c 179 § 37.]
63.29.901
63.29.901 Captions not law—1983 c 179. Captions as
used in sections of this act shall not constitute any part of the
law. [1983 c 179 § 40.]
63.29.902
63.29.902 Uniformity of application and construction. This chapter shall be applied and construed as to effectuate its general purpose to make uniform the law with
respect to the subject of this chapter among states enacting it.
[1983 c 179 § 41.]
63.29.903
63.29.903 Short title. This chapter may be cited as the
Uniform Unclaimed Property Act of 1983. [1983 c 179 §
42.]
63.29.904
63.29.904 Severability—1983 c 179. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 179 § 43.]
63.29.905
63.29.905 Effective date—1983 c 179. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect June 30,
1983. [1983 c 179 § 47.]
63.29.906
63.29.370
63.29.370 Rules. The department may adopt necessary
rules in accordance with chapter 34.05 RCW to carry out the
provisions of this chapter. [1983 c 179 § 38.]
63.29.906 Effective date—1996 c 45. This act shall
take effect July 1, 1996. [1996 c 45 § 5.]
Chapter 63.32 RCW
UNCLAIMED PROPERTY IN HANDS OF
CITY POLICE
Chapter 63.32
63.29.380
63.29.380 Information and records confidential. Any
information or records required to be furnished to the department of revenue as provided in this chapter shall be confidential and shall not be disclosed to any person except the person
who furnished the same to the department of revenue, and
except as provided in RCW 63.29.180 and 63.29.230, or as
may be necessary in the proper administration of this chapter.
[1983 c 179 § 39.]
(2006 Ed.)
Sections
63.32.010
63.32.020
63.32.030
63.32.040
63.32.050
Methods of disposition—Notice—Sale, retention, destruction,
or trade.
Notice of sale.
Disposition of proceeds.
Reimbursement to owner.
Donation of unclaimed bicycles and toys to charity.
[Title 63 RCW—page 29]
63.32.010
Title 63 RCW: Personal Property
63.32.010
63.32.010 Methods of disposition—Notice—Sale,
retention, destruction, or trade. Whenever any personal
property shall come into the possession of the police authorities of any city in connection with the official performance of
their duties and said personal property shall remain
unclaimed or not taken away for a period of sixty days from
date of written notice to the owner thereof, if known, which
notice shall inform the owner of the disposition which may be
made of the property under this section and the time that the
owner has to claim the property and in all other cases for a
period of sixty days from the time said property came into the
possession of the police department, unless said property has
been held as evidence in any court, then, in that event, after
sixty days from date when said case has been finally disposed
of and said property released as evidence by order of the
court, said city may:
(1) At any time thereafter sell said personal property at
public auction to the highest and best bidder for cash in the
manner hereinafter provided;
(2) Retain the property for the use of the police department subject to giving notice in the manner prescribed in
RCW 63.32.020 and the right of the owner, or the owner’s
legal representative, to reclaim the property within one year
after receipt of notice, without compensation for ordinary
wear and tear if, in the opinion of the chief of police, the
property consists of firearms or other items specifically
usable in law enforcement work: PROVIDED, That at the
end of each calendar year during which there has been such a
retention, the police department shall provide the city’s
mayor or council and retain for public inspection a list of
such retained items and an estimation of each item’s replacement value. At the end of the one-year period any unclaimed
firearm shall be disposed of pursuant to RCW 9.41.098(2);
(3) Destroy an item of personal property at the discretion
of the chief of police if the chief of police determines that the
following circumstances have occurred:
(a) The property has no substantial commercial value, or
the probable cost of sale exceeds the value of the property;
(b) The item has been unclaimed by any person after
notice procedures have been met, as prescribed in this section; and
(c) The chief of police has determined that the item is
unsafe and unable to be made safe for use by any member of
the general public;
(4) If the item is not unsafe or illegal to possess or sell,
such item, after satisfying the notice requirements as prescribed in RCW 63.32.020, may be offered by the chief of
police to bona fide dealers, in trade for law enforcement
equipment, which equipment shall be treated as retained
property for purpose of annual listing requirements of subsection (2) of this section; or
(5) If the item is not unsafe or illegal to possess or sell,
but has been, or may be used, in the judgment of the chief of
police, in a manner that is illegal, such item may be
destroyed. [1988 c 223 § 3; 1988 c 132 § 1; 1981 c 154 § 2;
1973 1st ex.s. c 44 § 1; 1939 c 148 § 1; 1925 ex.s. c 100 § 1;
RRS § 8999-1.]
Reviser’s note: This section was amended by 1988 c 132 § 1 and by
1988 c 223 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
[Title 63 RCW—page 30]
63.32.020
63.32.020 Notice of sale. Before said personal property
shall be sold, a notice of such sale fixing the time and place
thereof which shall be at a suitable place, which will be noted
in the advertisement for sale, and containing a description of
the property to be sold shall be published at least once in the
official newspaper of said city at least ten days prior to the
date fixed for said sale. The notice shall be signed by the
chief or other head of the police department of such city. If
the owner fails to reclaim said property prior to the time fixed
for the sale in such notice, the chief or other head of the police
department shall conduct said sale and sell the property
described in the notice at public auction to the highest and
best bidder for cash, and upon payment of the amount of such
bid shall deliver the said property to such bidder. [1988 c 132
§ 2; 1925 ex.s. c 100 § 2; RRS § 8999-2.]
63.32.030
63.32.030 Disposition of proceeds. The moneys arising from sales under the provisions of this chapter shall be
first applied to the payment of the costs and expenses of the
sale and then to the payment of lawful charges and expenses
for the keep of said personal property and the balance, if any,
shall be paid into the police pension fund of said city if such
fund exists; otherwise into the city current expense fund.
[1939 c 148 § 2; 1925 ex.s. c 100 § 3; RRS § 8999-3.]
63.32.040
63.32.040 Reimbursement to owner. If the owner of
said personal property so sold, or his legal representative,
shall, at any time within three years after such money shall
have been deposited in said police pension fund or the city
current expense fund, furnish satisfactory evidence to the
police pension fund board or the city treasurer of said city of
the ownership of said personal property he or they shall be
entitled to receive from said police pension fund or city current expense fund the amount so deposited therein with interest. [1939 c 148 § 3; 1925 ex.s. c 100 § 4; RRS § 899-4.]
63.32.050
63.32.050 Donation of unclaimed bicycles and toys to
charity. In addition to any other method of disposition of
unclaimed property provided under this chapter, the police
authorities of a city or town may donate unclaimed bicycles,
tricycles, and toys to nonprofit charitable organizations for
use by needy persons. [1987 c 182 § 1.]
Severability—1987 c 182: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 182 § 3.]
Chapter 63.35
Chapter 63.35 RCW
UNCLAIMED PROPERTY IN HANDS OF
STATE PATROL
Sections
63.35.010
63.35.020
63.35.030
63.35.040
63.35.050
63.35.060
63.35.900
Definitions.
Methods of disposition—Sale, retention, destruction, or trade.
Notice of sale.
Disposition of proceeds.
Reimbursement to owner.
Applicability of other statutes.
Severability—1989 c 222.
(2006 Ed.)
Unclaimed Property in Hands of State Patrol
63.35.010
63.35.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency" means the Washington state patrol.
(2) "Chief" means the chief of the Washington state
patrol or designee.
(3) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes,
among other property, contraband and money.
(4) "Contraband" means any property which is unlawful
to produce or possess.
(5) "Money" means all currency, script, personal checks,
money orders, or other negotiable instruments.
(6) "Owner" means the person in whom is vested the
ownership, dominion, or title of the property.
(7) "Unclaimed" means that no owner of the property has
been identified or has requested, in writing, the release of the
property to themselves nor has the owner of the property designated an individual to receive the property or paid the
required postage to effect delivery of the property.
(8) "Illegal items" means those items unlawful to be possessed. [1989 c 222 § 1.]
63.35.020
63.35.020 Methods of disposition—Sale, retention,
destruction, or trade. Whenever any personal property
shall come into the possession of the officers of the state
patrol in connection with the official performance of their
duties and said personal property shall remain unclaimed or
not taken away for a period of sixty days from the date of
written notice to the owner thereof, if known, which notice
shall inform the owner of the disposition which may be made
of the property under this section and the time that the owner
has to claim the property and in all other cases for a period of
sixty days from the time said property came into the possession of the state agency, unless said property has been held as
evidence in any court, then, in that event, after sixty days
from date when said case has been finally disposed of and
said property released as evidence by order of the court, said
agency may:
(1) At any time thereafter sell said personal property at
public auction to the highest and best bidder for cash in the
manner hereinafter provided;
(2) Retain the property for the use of the state patrol subject to giving notice in the manner prescribed in RCW
63.35.030 and the right of the owner, or the owner’s legal
representative, to reclaim the property within one year after
receipt of notice, without compensation for ordinary wear
and tear if, in the opinion of the chief, the property consists of
firearms or other items specifically usable in law enforcement work: PROVIDED, That at the end of each calendar
year during which there has been such a retention, the state
patrol shall provide the office of financial management and
retain for public inspection a list of such retained items and
an estimation of each item’s replacement value;
(3) Destroy an item of personal property at the discretion
of the chief if the chief determines that the following circumstances have occurred:
(a) The property has no substantial commercial value, or
the probable cost of sale exceeds the value of the property;
(2006 Ed.)
63.35.060
(b) The item has been unclaimed by any person after
notice procedures have been met, as prescribed in this section; and
(c) The chief has determined that the item is illegal to
possess or sell or unsafe and unable to be made safe for use
by any member of the general public;
(4) If the item is not unsafe or illegal to possess or sell,
such item, after satisfying the notice requirements as prescribed in this section may be offered by the chief to bona
fide dealers, in trade for law enforcement equipment, which
equipment shall be treated as retained property for purpose of
annual listing requirements of subsection (2) of this section;
or
(5) At the end of one year, any unclaimed firearm shall
be disposed of pursuant to RCW 9.41.098(2). Any other item
which is not unsafe or illegal to possess or sell, but has been,
or may be used, in the judgment of the chief, in a manner that
is illegal, may be destroyed. [1989 c 222 § 2.]
63.35.030
63.35.030 Notice of sale. Before said personal property
shall be sold, a notice of such sale fixing the time and place
thereof which shall be at a suitable place, which will be noted
in the advertisement for sale, and containing a description of
the property to be sold shall be published at least once in a
newspaper of general circulation in the county in which the
property is to be sold at least ten days prior to the date fixed
for the auction. The notice shall be signed by the chief. If the
owner fails to reclaim said property prior to the time fixed for
the sale in such notice, the chief shall conduct said sale and
sell the property described in the notice at public auction to
the highest and best bidder for cash, and upon payment of the
amount of such bid shall deliver the said property to such bidder. [1989 c 222 § 3.]
63.35.040
63.35.040 Disposition of proceeds. The moneys arising from sales under the provisions of this chapter shall be
first applied to the payment of the costs and expenses of the
sale and then to the payment of lawful charges and expenses
for the keep of said personal property and the balance, if any,
shall be forwarded to the state treasurer to be deposited into
the state patrol highway account. [1989 c 222 § 4.]
63.35.050
63.35.050 Reimbursement to owner. If the owner of
said personal property so sold, or the owner’s legal representative, shall, at any time within three years after such money
shall have been deposited in the state patrol highway account,
furnish satisfactory evidence to the state treasurer of the ownership of said personal property, the owner or the owner’s
legal representative shall be entitled to receive from said state
patrol highway account the amount so deposited therein with
interest. [1989 c 222 § 5.]
63.35.060
63.35.060 Applicability of other statutes. (1) Chapter
63.24 RCW, unclaimed property in hands of bailee, does not
apply to personal property in the possession of the state
patrol.
(2) The uniform unclaimed property act, chapter 63.29
RCW, does not apply to personal property in the possession
of the state patrol. [1989 c 222 § 6.]
[Title 63 RCW—page 31]
63.35.900
Title 63 RCW: Personal Property
63.35.900
63.35.900 Severability—1989 c 222. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 222 § 9.]
Chapter 63.40
Chapter 63.40 RCW
UNCLAIMED PROPERTY IN HANDS OF SHERIFF
Sections
63.40.010
63.40.020
63.40.030
63.40.040
63.40.050
63.40.060
Methods of disposition—Notice—Sale, retention, destruction,
or trade.
Notice of sale, form, contents—Conduct of sale.
Disposition of proceeds.
Reimbursement to owner.
Uniform unclaimed property act not applicable.
Donation of unclaimed bicycles and toys to charity.
(c) The county sheriff has determined that the item is
unsafe and unable to be made safe for use by any member of
the general public;
(4) If the item is not unsafe or illegal to possess or sell,
such item, after satisfying the notice requirements as prescribed in RCW 63.40.020, may be offered by the county
sheriff to bona fide dealers, in trade for law enforcement
equipment, which equipment shall be treated as retained
property for purpose of annual listing requirements of subsection (2) of this section; or
(5) If the item is not unsafe or illegal to possess or sell,
but has been, or may be used, in the discretion of the county
sheriff, in a manner that is illegal, such item may be
destroyed. [1988 c 223 § 4; 1988 c 132 § 3; 1981 c 154 § 3;
1973 1st ex.s. c 44 § 4; 1961 c 104 § 1.]
Reviser’s note: This section was amended by 1988 c 132 § 3 and by
1988 c 223 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
63.40.010
63.40.010 Methods of disposition—Notice—Sale,
retention, destruction, or trade. Whenever any personal
property, other than vehicles governed by chapter 46.52
RCW, shall come into the possession of the sheriff of any
county in connection with the official performance of his
duties and said personal property shall remain unclaimed or
not taken away for a period of sixty days from date of written
notice to the owner thereof, if known, which notice shall
inform the owner of the disposition which may be made of
the property under this section and the time that the owner
has to claim the property and in all other cases for a period of
sixty days from the time said property came into the possession of the sheriff’s office, unless said property has been held
as evidence in any court, then, in that event, after sixty days
from date when said case has been finally disposed of and
said property released as evidence by order of the court, said
county sheriff may:
(1) At any time thereafter sell said personal property at
public auction to the highest and best bidder for cash in the
manner hereinafter provided;
(2) Retain the property for the use of the sheriff’s office
subject to giving notice in the manner prescribed in RCW
63.40.020 and the right of the owner, or his or her legal representative, to reclaim the property within one year after the
receipt of notice, without compensation for ordinary wear
and tear if, in the opinion of the county sheriff, the property
consists of firearms or other items specifically usable in law
enforcement work: PROVIDED, That at the end of each calendar year during which there has been such a retention, the
sheriff shall provide the county’s executive or legislative
authority and retain for public inspection a list of such
retained items and an estimation of each item’s replacement
value. At the end of the one-year period any unclaimed firearm shall be disposed of pursuant to RCW 9.41.098(2);
(3) Destroy an item of personal property at the discretion
of the county sheriff if the county sheriff determines that the
following circumstances have occurred:
(a) The property has no substantial commercial value, or
the probable cost of sale exceeds the value of the property;
(b) The item has been unclaimed by any person after
notice procedures have been met, as prescribed in this section; and
[Title 63 RCW—page 32]
63.40.020 Notice of sale, form, contents—Conduct of
sale. Before said personal property shall be sold, a notice of
such sale fixing the time and place thereof which shall be at a
suitable place, which will be noted in the advertisement for
sale, and containing a description of the property to be sold
shall be published at least once in an official newspaper in
said county at least ten days prior to the date fixed for said
sale. The notice shall be signed by the sheriff or his deputy. If
the owner fails to reclaim said property prior to the time fixed
for the sale in such notice, the sheriff or his deputy shall conduct said sale and sell the property described in the notice at
public auction to the highest and best bidder for cash, and
upon payment of the amount of such bid shall deliver the said
property to such bidder. [1988 c 132 § 4; 1961 c 104 § 2.]
63.40.020
63.40.030 Disposition of proceeds. The moneys arising from sales under the provisions of this chapter shall be
first applied to the payment of the costs and expenses of the
sale and then to the payment of lawful charges and expenses
for the keeping of said personal property and the balance, if
any, shall be paid into the county current expense fund.
[1961 c 104 § 3.]
63.40.030
63.40.040
63.40.040 Reimbursement to owner. If the owner of
said personal property so sold, or his legal representative,
shall, at any time within three years after such money shall
have been deposited in the county current expense fund, furnish satisfactory evidence to the county treasurer of said
county of the ownership of said personal property he or they
shall be entitled to receive from said county current expense
fund the amount so deposited therein. [1961 c 104 § 4.]
63.40.050
63.40.050 Uniform unclaimed property act not applicable. The provisions of chapter 63.29 RCW shall not apply
to personal property in the possession of the office of county
sheriff. [1985 c 7 § 126; 1961 c 104 § 5.]
63.40.060 Donation of unclaimed bicycles and toys to
charity. In addition to any other method of disposition of
unclaimed property provided under this chapter, the county
sheriff may donate unclaimed bicycles, tricycles, and toys to
63.40.060
(2006 Ed.)
Unclaimed Inmate Personal Property
nonprofit charitable organizations for use by needy persons.
[1987 c 182 § 2.]
Severability—1987 c 182: See note following RCW 63.32.050.
Chapter 63.42 RCW
UNCLAIMED INMATE PERSONAL PROPERTY
Chapter 63.42
Sections
63.42.010
63.42.020
63.42.030
63.42.040
63.42.050
63.42.060
63.42.900
Legislative intent.
Definitions.
Personal property presumed abandoned—Illegal items
retained as evidence or destroyed.
Disposition of property presumed abandoned—Inventory—
Notice.
Chapter not applicable if prior written agreement.
Application of chapters 63.24 and 63.29 RCW.
Severability—1983 1st ex.s. c 52.
63.42.010
63.42.010 Legislative intent. It is the intent of the legislature to relieve the department of corrections from unacceptable burdens of cost related to storage space and manpower in the preservation of inmate personal property if the
property has been abandoned by the inmate and to enhance
the security and safety of the institutions. [1983 1st ex.s. c 52
§ 1.]
63.42.020
63.42.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Secretary" means the secretary of the department of
corrections or the secretary’s designees.
(2) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes among
others contraband and money.
(3) "Contraband" means all personal property including,
but not limited to, alcoholic beverages and other items which
a resident of a correctional institution may not have in the resident’s possession, as defined in rules adopted by the secretary.
(4) "Money" means all currency, script, personal checks,
money orders, or other negotiable instruments.
(5) "Owner" means the inmate, the inmate’s legal representative, or any person claiming through or under the inmate
entitled to title and possession of the property.
(6) "Unclaimed" means that no owner of the property has
been identified or has requested, in writing, the release of the
property to themselves nor has the owner of the property designated an individual to receive the property or paid the
required postage to effect delivery of the property.
(7) "Inmate" means a person committed to the custody of
the department of corrections or transferred from other states
or the federal government.
(8) "Institutions" means those facilities set forth in RCW
72.01.050(2) and all community residential programs under
the department’s jurisdiction operated pursuant to chapter
72.65 RCW.
(9) "Department" means the department of corrections.
(10) "Illegal items" means those items unlawful to be
possessed.
(11) "Nonprofit" has the meaning prescribed by state or
federal law or rules. [1983 1st ex.s. c 52 § 2.]
(2006 Ed.)
63.42.040
63.42.030
63.42.030 Personal property presumed abandoned—
Illegal items retained as evidence or destroyed. (1) All
personal property, and any income or increment which has
accrued thereon, held for the owner by an institution that has
remained unclaimed for more than six months from the date
the owner terminated without authorization from work training release, transferred to a different institution, or when the
owner is unknown or deceased, from the date the property
was placed in the custody of the institution, is presumed
abandoned: PROVIDED, That the provisions of this section
shall be extended for up to six months for any inmate, transferred to another institution, who has no recorded next of kin,
or person to whom the unclaimed property can be sent.
(2) All personal property, and any income or increment
which has accrued thereon, the inmate owner of which has
been placed on escape status is presumed abandoned and
shall be held for three months by the institution from which
the inmate escaped. If the inmate owner remains on escape
status for three months or if no other person claims ownership
within three months, the property shall be disposed of as set
forth in this chapter.
(3) All illegal items owned by and in the possession of an
inmate shall be confiscated and held by the institution to
which the inmate is assigned. Such items shall be held as
required for evidence for law enforcement authorities. Illegal
items not retained for evidence shall be destroyed. [1983 1st
ex.s. c 52 § 3.]
Property of deceased inmates: RCW 11.08.101, 11.08.111, and 11.08.120.
63.42.040
63.42.040 Disposition of property presumed abandoned—Inventory—Notice. (1) All personal property,
other than money, presumed abandoned shall be destroyed
unless, in the opinion of the secretary, the property may be
used or has value to a charitable or nonprofit organization, in
which case the property may be donated to the organization.
A charitable or nonprofit organization does not have a claim
nor shall the department or any employee thereof be held liable to any charitable or nonprofit organization for property
which is destroyed rather than donated or for the donation of
property to another charitable or nonprofit organization.
(2) Money presumed abandoned under this chapter shall
be paid into the revolving fund set up in accordance with
RCW 9.95.360.
(3) The department shall inventory all personal property
prior to its destruction or donation.
(4) Before personal property is donated or destroyed, if
the name and address of the owner thereof is known or if
deceased, the address of the heirs as known, at least thirty
days’ notice of the donation or destruction of the personal
property shall be given to the owner at the owner’s residence
or place of business or to some person of suitable age and discretion residing or employed therein. If the name or residence
of the owner or the owner’s heirs is not known, a notice of the
action fixing the time and place thereof shall be published at
least once in an official newspaper in the county at least thirty
days prior to the date fixed for the action. The notice shall be
signed by the secretary. The notice need not contain a
description of property, but shall contain a general statement
that the property is unclaimed personal property of inmates,
specifying the institution at which the property is held. If the
owner fails to reclaim the property prior to the time fixed in
[Title 63 RCW—page 33]
63.42.050
Title 63 RCW: Personal Property
the notice, the property shall be donated or destroyed. [1983
1st ex.s. c 52 § 4.]
Property of deceased inmates: RCW 11.08.101, 11.08.111, and 11.08.120.
last addresses as shown by the records of the post office
department, and the balance in each account. He shall agree
to return to the bureau of accounts promptly all account cards
showing last addresses in another state. [1971 ex.s. c 68 § 2.]
63.42.050
63.42.050 Chapter not applicable if prior written
agreement. This chapter does not apply if the inmate and the
department have reached an agreement in writing regarding
the disposition of the personal property. [1983 1st ex.s. c 52
§ 5.]
63.42.060
63.42.060 Application of chapters 63.24 and 63.29
RCW. (1) The uniform unclaimed property act, chapter
63.29 RCW, does not apply to personal property in the possession of the department of corrections.
(2) Chapter 63.24 RCW, unclaimed property in hands of
bailee, does not apply to personal property in the possession
of the department of corrections. [1985 c 7 § 127; 1983 1st
ex.s. c 52 § 6.]
63.42.900
63.42.900 Severability—1983 1st ex.s. c 52. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 52 § 9.]
Chapter 63.44
Chapter 63.44 RCW
JOINT TENANCIES
Sections
63.44.010
Joint tenancies in property.
63.44.010
63.44.010 Joint tenancies in property.
64.28 RCW.
Chapter 63.48
See chapter
Chapter 63.48 RCW
ESCHEAT OF POSTAL SAVINGS
SYSTEM ACCOUNTS
Sections
63.48.010
63.48.020
63.48.030
63.48.040
63.48.050
63.48.060
Accounts presumed abandoned and to escheat to state.
Director to request federal records.
Escheat proceedings brought in Thurston county.
Notice to depositors whose accounts are to be escheated.
Copy of judgment presented for payment—Disposition of proceeds.
Indemnification for losses as result of escheat proceedings—
Source.
63.48.030
63.48.030 Escheat proceedings brought in Thurston
county. The director of revenue may bring proceedings in
the superior court for Thurston county to escheat unclaimed
postal savings system accounts held by the United States
treasury. A single proceeding may be used to escheat as many
accounts as may be available for escheat at one time. [1971
ex.s. c 68 § 3.]
63.48.040
63.48.040 Notice to depositors whose accounts are to
be escheated. The director of revenue shall notify depositors
whose accounts are to be escheated as follows:
(1) A letter advising that a postal savings system account
in the name of the addressee is about to be escheated and setting forth the procedure by which a deposit may be claimed
shall be mailed by first class mail to the named depositor at
the last address shown on the account records for each
account to be escheated having an unpaid principal balance of
more than twenty-five dollars.
(2) A general notice of intention to escheat postal savings system accounts shall be published once in each of three
successive weeks in one or more newspapers which combine
to provide general circulation throughout this state.
(3) A special notice of intention to escheat the unclaimed
postal savings system accounts originally deposited in each
post office must be published once in each of three successive
weeks in a newspaper published in the county in which the
post office is located or, if there is none, in a newspaper having general circulation in the county. This notice must list the
names of the owners of each unclaimed account to be
escheated having a principal balance of three dollars or more.
[1971 ex.s. c 68 § 4.]
63.48.050
63.48.050 Copy of judgment presented for payment—Disposition of proceeds. The director of revenue
shall present a copy of each final judgment of escheat to the
United States treasury department for payment of the principal due and the interest computed under regulations of the
United States treasury department. The payment received
shall be deposited in the general fund in the state treasury.
[1971 ex.s. c 68 § 5.]
63.48.060
63.48.010
63.48.010 Accounts presumed abandoned and to
escheat to state. All postal savings system accounts created
by the deposits of persons whose last known addresses are in
the state which have not been claimed by the persons entitled
thereto before May 1, 1971, are presumed to have been abandoned by their owners and are declared to escheat and
become the property of this state. [1971 ex.s. c 68 § 1.]
63.48.020
63.48.020 Director to request federal records. The
director of revenue shall request from the bureau of accounts
of the United States treasury department records providing
the following information: The names of depositors at the
post offices of this state whose accounts are unclaimed, their
[Title 63 RCW—page 34]
63.48.060 Indemnification for losses as result of
escheat proceedings—Source. This state shall indemnify
the United States for any losses suffered as a result of the
escheat of unclaimed postal savings system accounts. The
burden of the indemnification falls upon the fund into which
the proceeds of the escheated accounts have been paid. [1971
ex.s. c 68 § 6.]
Chapter 63.52
Chapter 63.52 RCW
DIES, MOLDS, AND FORMS
Sections
63.52.005
Definitions.
(2006 Ed.)
Personality Rights
63.52.010
Customer has title and all rights—Written exception—Failure
to claim within three years after the last use—Notice to customer—Title and all rights may transfer to the molder.
63.60.080
63.60.020
Community property rights.
63.60.010
63.52.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Customer" means an individual or entity that causes
or did cause a molder to fabricate, cast, or otherwise make a
die, mold, or form.
(2) "Molder" means an individual or entity, including but
not limited to a tool or die maker, that fabricates, casts, or
otherwise makes a die, mold, or form.
(3) "Within three years after the last use" means the
three-year period after the last use of a die, mold, or form,
regardless of whether or not any portion of that period predates June 6, 1996. [1996 c 235 § 1.]
63.52.005
63.52.010 Customer has title and all rights—Written
exception—Failure to claim within three years after the
last use—Notice to customer—Title and all rights may
transfer to the molder. (1) In the absence of a written agreement otherwise, the customer has title and all rights to a die,
mold, or form in the molder’s possession.
(2) If a customer does not claim possession from a
molder of a die, mold, or form within three years after the last
use of the die, mold, or form, title and all rights to the die,
mold, or form may be transferred to the molder for the purpose of destroying or otherwise disposing of the die, mold, or
form.
(3) At least one hundred twenty days before seeking title
and rights to a die, mold, or form in its possession, a molder
shall send notice, via registered or certified mail, to the chief
executive officer of the customer or, if the customer is not a
business entity, to the customer’s last known address. The
notice must state that the molder intends to seek title and
rights to the die, mold, or form. The notice must also include
the name, address, and phone number of the molder.
(4) If a customer does not respond in person or by mail
within one hundred twenty days after the date the notice was
sent, or does not make other contractual arrangements with
the molder for storage of the die, mold, or form, title and all
rights of the customer transfer by operation of law to the
molder. Thereafter, the molder may destroy or otherwise dispose of the die, mold, or form without any risk of liability to
the customer. [1996 c 235 § 2.]
63.52.010
Chapter 63.60
Chapter 63.60 RCW
PERSONALITY RIGHTS
Sections
63.60.010
63.60.020
63.60.030
63.60.040
63.60.050
63.60.060
63.60.070
(2006 Ed.)
Use of name, voice, signature, photograph, or likeness is a
property right.
Definitions.
Right is transferable, assignable, and licensable—Does not
expire upon death—Exists without exploitation during lifetime.
Right is exclusive for individuals and personalties.
Infringement of right—Use without consent—Profit or not for
profit.
Infringement of right—Superior courts—Injunctions—Liability for damages and profits—Impoundment—Destruction—
Attorneys’ fees.
Exemptions from use restrictions—When chapter does not
apply.
63.60.010 Use of name, voice, signature, photograph,
or likeness is a property right. Every individual or personality, as the case may be, has a property right in the use of his
or her name, voice, signature, photograph, or likeness, and
such right shall be freely transferable, assignable, and licensable, in whole or in part, by any otherwise permissible form
of inter vivos or testamentary transfer, including without limitation a will, trust, contract, community property agreement,
or cotenancy with survivorship provisions or payable-on-death provisions, or, if none is applicable, under the
laws of intestate succession applicable to interests in intangible personal property. The property right does not expire
upon the death of the individual or personality, as the case
may be. The right exists whether or not it was commercially
exploited by the individual or the personality during the individual’s or the personality’s lifetime. [1998 c 274 § 1.]
63.60.020
63.60.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Deceased personality" means any individual whose
name, voice, signature, photograph, or likeness had commercial value at the time of his or her death, whether or not during the lifetime of that individual he or she used his or her
name, voice, signature, photograph, or likeness on or in products, merchandise or goods, or for purposes of advertising or
selling, or soliciting the purchase or sale of, products, merchandise, goods, or services. A "deceased personality"
includes, without limitation, any such individual who has
died within fifty years before January 1, 1998.
(2) "Fund raising" means an organized activity to solicit
donations of money or other goods or services from persons
or entities by an organization, company, or public entity. A
fund-raising activity does not include a live, public performance by an individual or group of individuals for which
money is received in solicited or unsolicited gratuities.
(3) "Individual" means a natural person, living or dead.
(4) "Likeness" means an image, painting, sketching,
model, diagram, or other clear representation, other than a
photograph, of an individual’s face, body, or parts thereof, or
the distinctive appearance, gestures, or mannerisms of an
individual.
(5) "Name" means the actual or assumed name, or nickname, of a living or deceased individual that is intended to
identify that individual.
(6) "Person" means any natural person, firm, association,
partnership, corporation, joint stock company, syndicate,
receiver, common law trust, conservator, statutory trust, or
any other concern by whatever name known or however
organized, formed, or created, and includes not-for-profit
corporations, associations, educational and religious institutions, political parties, and community, civic, or other organizations.
(7) "Personality" means any individual whose name,
voice, signature, photograph, or likeness has commercial
value, whether or not that individual uses his or her name,
voice, signature, photograph, or likeness on or in products,
merchandise, or goods, or for purposes of advertising or sell[Title 63 RCW—page 35]
63.60.030
Title 63 RCW: Personal Property
ing, or solicitation of purchase of, products, merchandise,
goods, or services.
(8) "Photograph" means any photograph or photographic
reproduction, still or moving, or any videotape, online or live
television transmission, of any individual, so that the individual is readily identifiable.
(9) "Signature" means the one handwritten or otherwise
legally binding form of an individual’s name, written or
authorized by that individual, that distinguishes the individual from all others. [2004 c 71 § 1; 1998 c 274 § 2.]
63.60.030
63.60.030 Right is transferable, assignable, and licensable—Does not expire upon death—Exists without
exploitation during lifetime. (1) Every individual or personality, as the case may be, has a property right in the use of
his or her name, voice, signature, photograph, or likeness,
and such right shall be freely transferable, assignable, and licensable, in whole or in part, by contract or inter vivos transfer, and shall not expire upon the death of the individual or
personality, as the case may be, so protected but shall pass:
(a) Under the deceased individual’s or personality’s, as
the case may be, last will and testament or, if none, then
under the laws of intestate succession applicable to interests
in intangible personal property of the individual’s or personality’s, as the case may be, domicile; or
(b) If the individual or personality, as the case may be,
transferred or assigned any interest in the personality rights
during his or her life, then the transferred or assigned interest
shall pass as follows:
(i) If the transferred or assigned interest was held in trust,
in accordance with the terms of the trust;
(ii) If the interest is subject to a cotenancy with any survivorship provisions or payable-on-death provisions, in
accordance with those provisions;
(iii) If the interest is subject to any contract, including
without limitation a community property agreement, in
accordance with the terms of the applicable contract or contracts;
(iv) If the interest has been transferred or assigned to a
third person in a form that is not addressed earlier in this section, then the interest may be transferred, assigned, or
licensed by such third person, in whole or in part, by any otherwise permissible form of inter vivos or testamentary transfer or, if none is applicable, under the laws of intestate succession applicable to interests in intangible personal property
of the third person’s domicile.
(2) A property right exists whether or not such rights
were commercially exploited by the individual or the personality during the individual’s or the personality’s, as the case
may be, lifetime. [1998 c 274 § 3.]
63.60.040
63.60.040 Right is exclusive for individuals and personalties. (1) For individuals, except to the extent that the
individual may have assigned or licensed such rights, the
rights protected in this chapter are exclusive to the individual,
subject to the assignment or licensing of such rights, during
such individual’s lifetime and are exclusive to the persons
entitled to such rights under RCW 63.60.030 for a period of
ten years after the death of the individual except to the extent
[Title 63 RCW—page 36]
that the persons entitled to such rights under RCW 63.60.030
may have assigned or licensed such rights to others.
(2) For personalities, except to the extent that the personality may have assigned or licensed such rights, the rights
protected in this chapter are exclusive to the personality, subject to the assignment or licensing of such rights, during such
personality’s lifetime and to the persons entitled to such
rights under RCW 63.60.030 for a period of seventy-five
years after the death of the personality except to the extent
that the persons entitled to such rights under RCW 63.60.030
may have assigned or licensed such rights to others.
(3) The rights granted in this chapter may be exercised
by a personal representative, attorney in fact, parent of a
minor child, or guardian, or as authorized by a court of competent jurisdiction. The terms "personal representative,"
"attorney in fact," and "guardian" shall have the same meanings in this chapter as they have in Title 11 RCW. [2004 c 71
§ 2; 1998 c 274 § 4.]
63.60.050
63.60.050 Infringement of right—Use without consent—Profit or not for profit. Any person who uses or
authorizes the use of a living or deceased individual’s or personality’s name, voice, signature, photograph, or likeness, on
or in goods, merchandise, or products entered into commerce
in this state, or for purposes of advertising products, merchandise, goods, or services, or for purposes of fund raising
or solicitation of donations, or if any person disseminates or
publishes such advertisements in this state, without written or
oral, express or implied consent of the owner of the right, has
infringed such right. An infringement may occur under this
section without regard to whether the use or activity is for
profit or not for profit. [1998 c 274 § 5.]
63.60.060
63.60.060 Infringement of right—Superior courts—
Injunctions—Liability for damages and profits—
Impoundment—Destruction—Attorneys’ fees. (1) The
superior courts of this state may grant injunctions on reasonable terms to prevent or restrain the unauthorized use of the
rights in a living or deceased individual’s or personality’s
name, voice, signature, photograph, or likeness.
(2) Any person who infringes the rights under this chapter shall be liable for the greater of one thousand five hundred
dollars or the actual damages sustained as a result of the
infringement, and any profits that are attributable to the
infringement and not taken into account when calculating
actual damages. To prove profits under this section, the
injured party or parties must submit proof of gross revenues
attributable to the infringement, and the infringing party is
required to prove his or her deductible expenses. For the purposes of computing statutory damages, use of a name, voice,
signature, photograph, and/or likeness in or related to one
work constitutes a single act of infringement regardless of the
number of copies made or the number of times the name,
voice, signature, photograph, or likeness is displayed.
(3) At any time while an action under this chapter is
pending, the court may order the impounding, on reasonable
terms, of all materials or any part thereof claimed to have
been made or used in violation of the injured party’s rights,
and the court may enjoin the use of all plates, molds, matri(2006 Ed.)
Personality Rights
ces, masters, tapes, film negatives, or other articles by means
of which such materials may be reproduced.
(4) As part of a final judgment or decree, the court may
order the destruction or other reasonable disposition of all
materials found to have been made or used in violation of the
injured party’s rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which
such materials may be reproduced.
(5) The prevailing party may recover reasonable attorneys’ fees, expenses, and court costs incurred in recovering
any remedy or defending any claim brought under this section.
(6) The remedies provided for in this section are cumulative and are in addition to any others provided for by law.
[1998 c 274 § 6.]
63.60.070
63.60.070 Exemptions from use restrictions—When
chapter does not apply. (1) For purposes of RCW
63.60.050, the use of a name, voice, signature, photograph, or
likeness in connection with matters of cultural, historical,
political, religious, educational, newsworthy, or public interest, including, without limitation, comment, criticism, satire,
and parody relating thereto, shall not constitute a use for
which consent is required under this chapter. A matter
exempt from consent under this subsection does not lose such
exempt status because it appears in the form of a paid advertisement if it is clear that the principal purpose of the advertisement is to comment on such matter.
(2) This chapter does not apply to the use or authorization of use of an individual’s or personality’s name, voice,
signature, photograph, or likeness, in any of the following:
(a) Single and original works of fine art, including but
not limited to photographic, graphic, and sculptural works of
art that are not published in more than five copies;
(b) A literary work, theatrical work, musical composition, film, radio, online or television program, magazine article, news story, public affairs report, or sports broadcast or
account, or with any political campaign when the use does
not inaccurately claim or state an endorsement by the individual or personality;
(c) An advertisement or commercial announcement for a
use permitted by subsections (1) and (7) of this section and
(a) or (b) of this subsection;
(d) An advertisement, commercial announcement, or
packaging for the authorized sale, distribution, performance,
broadcast, or display of a literary, musical, cinematographic,
or other artistic work using the name, voice, signature, photograph, or likeness of the writer, author, composer, director,
actor, or artist who created the work, where such individual
or personality consented to the use of his or her name, voice,
signature, photograph, or likeness on or in connection with
the initial sale, distribution, performance, or display thereof;
and
(e) The advertisement or sale of a rare or fine product,
including but not limited to books, which incorporates the
signature of the author.
(3) It is no defense to an infringement action under this
chapter that the use of an individual’s or personality’s name,
voice, signature, photograph, or likeness includes more than
one individual or personality so identifiable. However, the
(2006 Ed.)
63.60.080
individuals or personalities complaining of the use shall not
bring their cause of action as a class action.
(4) RCW 63.60.050 does not apply to the owners or
employees of any medium used for advertising, including but
not limited to, newspapers, magazines, radio and television
stations, on-line service providers, billboards, and transit ads,
who have published or disseminated any advertisement or
solicitation in violation of this chapter, unless the advertisement or solicitation was intended to promote the medium
itself.
(5) This chapter does not apply to a use or authorization
of use of an individual’s or personality’s name that is merely
descriptive and used fairly and in good faith only to identify
or describe something other than the individual or personality, such as, without limitation, to describe or identify a place,
a legacy, a style, a theory, an ownership interest, or a party to
a transaction or to accurately describe the goods or services
of a party.
(6) This chapter does not apply to the use of an individual’s or personality’s name, voice, signature, photograph, or
likeness when the use of the individual’s or personality’s
name, voice, signature, photograph, or likeness is an insignificant, de minimis, or incidental use.
(7) This chapter does not apply to the distribution, promotion, transfer, or license of a photograph or other material
containing an individual’s or personality’s name, voice, signature, photograph, or likeness to a third party for use in a
manner which is lawful under this chapter, or to a third party
for further distribution, promotion, transfer, or license for use
in a manner which is lawful under this chapter. [2004 c 71 §
3; 1998 c 274 § 7.]
63.60.080 Community property rights. Nothing contained in this chapter is intended to invalidate any community
property rights. [1998 c 274 § 8.]
63.60.080
[Title 63 RCW—page 37]
Title 64
Title 64
REAL PROPERTY AND CONVEYANCES
Chapters
64.04
Conveyances.
64.06
Residential real property transfers—Seller’s
disclosures.
64.08
Acknowledgments.
64.12
Waste and trespass.
64.16
Alien land law.
64.20
Alienation of land by Indians.
64.28
Joint tenancies.
64.32
Horizontal property regimes act (Condominiums).
64.34
Condominium act.
64.35
Condominiums—Qualified warranties.
64.36
Timeshare regulation.
64.38
Homeowners’ associations.
64.40
Property rights—Damages from governmental
actions.
64.44
Contaminated properties.
64.50
Construction defect claims.
64.55
Construction defect disputes—Multiunit residential buildings.
Actions, where commenced: RCW 4.12.010.
Actions or claims arising from construction, alteration, repair, design, planning, etc., of improvements upon real property: RCW 4.16.300
through 4.16.320.
Adverse possession: Chapter 7.28 RCW.
Alien property custodian: RCW 4.28.330.
Attachment: Chapter 6.25 RCW.
Boundaries and plats: Title 58 RCW.
Cemetery plats, title and right to: Chapter 68.32 RCW.
Cemetery property: Chapter 68.28 RCW.
Commissioners to convey real estate: Chapter 6.28 RCW.
Community property: Chapter 26.16 RCW.
Conveyance of real property by public bodies—Recording: RCW 65.08.095.
Default in rent: Chapter 59.08 RCW.
Discrimination—Human rights commission: Chapter 49.60 RCW.
District courts, proceedings where land title involved: RCW 12.20.070.
Donation law, conflicting claims: RCW 7.28.280.
Ejectment: Chapter 7.28 RCW.
Eminent domain: Title 8 RCW; State Constitution Art. 1 § 16 (Amendment
9).
Estates of absentees: Chapter 11.80 RCW.
Excise tax, real estate sales: Chapter 82.45 RCW.
Execution and redemptions, sales under: Chapter 6.21 RCW.
Executions: Chapter 6.17 RCW.
Federal areas
acquisition of land by United States: RCW 37.04.010.
jurisdiction in special cases: Chapter 37.08 RCW.
Geological survey, entry on lands: RCW 43.92.080.
Homesteads: Chapter 6.13 RCW.
Housing authorities law: Chapter 35.82 RCW.
Housing cooperation law: Chapter 35.83 RCW.
Indians and Indian lands: Chapter 37.12 RCW.
Intergovernmental disposition of property: Chapter 39.33 RCW.
Joint tenants, simultaneous death: RCW 11.05.030.
Landlord and tenant: Title 59 RCW.
Legal publications: Chapter 65.16 RCW.
Legislative, special legislation prohibited: State Constitution Art. 2 § 28.
Liens
landlord’s: Chapter 60.72 RCW.
mechanics’ and materialmen’s: Chapter 60.04 RCW.
orchard lands: Chapter 60.16 RCW.
timber and lumber: Chapter 60.24 RCW.
Limitation of actions: Chapter 4.16 RCW.
Limitation on liability of landowners for injuries to recreation users: RCW
4.24.210.
Lis pendens: RCW 4.28.160, 4.28.320.
Mortgages and trust receipts: Title 61 RCW.
Nuisances: Chapters 7.48, 9.66 RCW.
Partition: Chapter 7.52 RCW.
Personal exemptions: Chapter 6.15 RCW.
Power of attorney, recording of revocation: RCW 65.08.130.
Probate and trust law: Title 11 RCW.
Property taxes: Title 84 RCW.
Public lands: Title 79 RCW.
Public lands, trespass: Chapter 79.02 RCW.
Quieting title: Chapter 7.28 RCW.
Real estate brokers and salespersons: Chapter 18.85 RCW.
Real property, false representation concerning title: RCW 9.38.020.
Recording: Chapters 65.04, 65.08 RCW.
Registration of land titles (Torrens Act): Chapter 65.12 RCW.
Rents and profits constitute real property for purposes of mortgages, trust
deeds or assignments: RCW 7.28.230.
Residential Landlord-Tenant Act: Chapter 59.18 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Separate property: Chapter 26.16 RCW.
Tenancies: Chapter 59.04 RCW.
The Washington Principal and Income Act of 2002: Chapter 11.104A RCW.
Unlawful entry and detainer: Chapter 59.16 RCW.
Validity of agreement to indemnify against liability for negligence relative to
construction or improvement of real property: RCW 4.24.115.
Water rights: Title 90 RCW.
Chapter 64.04
Federal property, purchase of: Chapter 39.32 RCW.
Federally assisted housing: Chapter 59.28 RCW.
Fences: Chapter 16.60 RCW.
Sections
Forcible entry: Chapter 59.12 RCW.
Foreign corporations: Chapters 23B.01 and 23B.15 RCW.
64.04.005
Chapter 64.04 RCW
CONVEYANCES
Forests and forest products: Title 76 RCW.
(2006 Ed.)
64.04.010
64.04.020
Liquidated damages—Earnest money deposit—Exclusive
remedy—Definition.
Conveyances and encumbrances to be by deed.
Requisites of a deed.
[Title 64 RCW—page 1]
64.04.005
64.04.030
64.04.040
64.04.050
64.04.055
64.04.060
64.04.070
64.04.080
64.04.090
64.04.100
64.04.105
64.04.120
64.04.130
64.04.135
64.04.140
64.04.150
64.04.160
64.04.170
64.04.175
64.04.180
64.04.190
64.04.200
64.04.210
Title 64 RCW: Real Property and Conveyances
Warranty deed—Form and effect.
Bargain and sale deed—Form and effect.
Quitclaim deed—Form and effect.
Deeds for conveyance of apartments under horizontal property
regimes act.
Word "heirs" unnecessary.
After acquired title follows deed.
Purchaser of community real property protected by record
title.
Private seals abolished.
Private seals abolished—Validation.
Corporate seals—Effect of absence from instrument.
Registration of land titles.
Interests in land for purposes of conservation, protection, preservation, etc.—Ownership by certain entities—Conveyances.
Criteria for monitoring historical conformance not to exceed
those in original donation agreement—Exception.
Legislative declaration—Solar energy systems—Solar easements authorized.
Solar easements—Definitions.
Solar easements—Creation.
Interference with solar easement—Remedies.
Easements established by dedication—Extinguishing or altering.
Railroad properties as public utility and transportation corridors—Declaration of availability for public use—Acquisition of reversionary interest.
Public utility and transportation corridors—Defined.
Existing rate or charge for energy conservation—Seller’s duty
to disclose.
Requests for notice of transfer or encumbrance—Disclosure—
Notice to department of social and health services.
Validating—1929 c 33: "All instruments in writing purporting to convey or encumber real estate situated in this state, or any interest therein, or
other instrument in writing required to be acknowledged, heretofore executed and acknowledged according to the provisions of this act are hereby
declared legal and valid." [1929 c 33 § 7; RRS § 10563, part.]
Validating—1891 p 178: "In all cases where real estate has been heretofore duly sold by a sheriff in pursuance of law by virtue of an execution or
other process, and no deed having been made therefor in the manner required
by law to the purchaser therefor [thereof] or other person entitled to the same
by the sheriff making the sale, the successor in office of the sheriff making
the sale having made a deed of the premises so sold to the purchaser or other
person entitled to the same, such deed shall be valid and effectual to convey
to the grantee the lands or premises so sold: PROVIDED, That this act shall
not be construed to affect the equities of third parties in the premises." [1891
p 178 § 1; RRS § 10569.]
Validating—1890 p 89: "All deeds, mortgages or other instruments in
writing heretofore executed to convey real estate, or any interest therein, and
which have no subscribing witness or witnesses thereto, are hereby cured of
such defect and made valid, notwithstanding such omission: PROVIDED,
Nothing in this act shall be construed to affect vested rights or impair contracts made in good faith between parties prior to the passage of this act:
AND PROVIDED FURTHER, That nothing in this act shall be construed to
give validity to, or in any manner affect, the sale or transfer of real estate
made by the territory or state of Washington, or any officer, agent or
employee thereof prior to the passage of this act." [1890 p 89 § 1; RRS §
10570.]
Reviser’s note: The two sections below were repealed by 1929 c 33 §
15 but are retained for their historical value.
Validating—Code 1881: "All deeds, mortgages, or other instruments
in writing, which, prior to the passage of this chapter may have been
acknowledged before either of the foregoing named officers, or deputies, or
before the clerk of any court, or his deputies, heretofore established by the
laws of this territory, are hereby declared legal and valid, in so far as such
acknowledgment is concerned." [Code 1881 § 2318; RRS § 10562.]
Validating—Code 1881: "That all deeds, mortgages, and other instruments at any time heretofore acknowledged according to the provisions of
this chapter are hereby declared legal and valid." [Code 1881 § 2322; RRS
§ 10568.]
which provides for liquidated damages or the forfeiture of an
earnest money deposit to the seller as the seller’s sole and
exclusive remedy if a party fails, without legal excuse, to
complete the purchase, is valid and enforceable, regardless of
whether the other party incurs any actual damages. However,
the amount of liquidated damages or amount of earnest
money to be forfeited under this subsection may not exceed
five percent of the purchase price.
(2) For purposes of this section:
(a) "Earnest money deposit" means any deposit, deposits, payment, or payments of a part of the purchase price for
the property, made in the form of cash, check, promissory
note, or other things of value for the purpose of binding the
purchaser to the agreement and identified in the agreement as
an earnest money deposit, and does not include other deposits
or payments made by the purchaser; and
(b) "Liquidated damages" means an amount agreed by
the parties as the amount of damages to be recovered for a
breach of the agreement by the other and identified in the
agreement as liquidated damages, and does not include other
deposits or payments made by the purchaser.
(3) This section does not prohibit, or supersede the common law with respect to, liquidated damages or earnest
money forfeiture provisions in excess of five percent of the
purchase price. A liquidated damages or earnest money forfeiture provision not meeting the requirements of subsection
(1) of this section shall be interpreted and enforced without
regard to this statute. [2005 c 186 § 1; 1991 c 210 § 1.]
Application—2005 c 186: "This act applies to all contracts executed
after April 26, 2005." [2005 c 186 § 2.]
Effective date—2005 c 186: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 26, 2005]." [2005 c 186 § 3.]
Application—1991 c 210: "The provisions of this act apply only to
written agreements entered on or after July 28, 1991." [1991 c 210 § 2.]
64.04.010
64.04.010 Conveyances and encumbrances to be by
deed. Every conveyance of real estate, or any interest
therein, and every contract creating or evidencing any
encumbrance upon real estate, shall be by deed: PROVIDED, That when real estate, or any interest therein, is held
in trust, the terms and conditions of which trust are of record,
and the instrument creating such trust authorizes the issuance
of certificates or written evidence of any interest in said real
estate under said trust, and authorizes the transfer of such certificates or evidence of interest by assignment by the holder
thereof by a simple writing or by endorsement on the back of
such certificate or evidence of interest or delivery thereof to
the vendee, such transfer shall be valid, and all such assignments or transfers hereby authorized and heretofore made in
accordance with the provisions of this section are hereby
declared to be legal and valid. [1929 c 33 § 1; RRS § 10550.
Prior: 1888 p 50 § 1; 1886 p 177 § 1; Code 1881 § 2311;
1877 p 312 § 1; 1873 p 465 § 1; 1863 p 430 § 1; 1860 p 299
§ 1; 1854 p 402 § 1.]
Recording of deeds and conveyances: Title 65 RCW.
64.04.020
64.04.005 Liquidated damages—Earnest money
deposit—Exclusive remedy—Definition. (1) A provision
in a written agreement for the purchase and sale of real estate
64.04.005
[Title 64 RCW—page 2]
64.04.020 Requisites of a deed. Every deed shall be in
writing, signed by the party bound thereby, and acknowledged by the party before some person authorized by *this act
to take acknowledgments of deeds. [1929 c 33 § 2; RRS §
(2006 Ed.)
Conveyances
10551. Prior: 1915 c 172 § 1; 1888 p 50 § 2; 1886 p 177 § 2;
Code 1881 § 2312; 1854 p 402 § 2.]
*Reviser’s note: The language "this act" appears in 1929 c 33, which is
codified in RCW 64.04.010-64.04.050, 64.08.010-64.08.070, 64.12.020, and
65.08.030.
64.04.090
The grantor (here insert the name or names and place of
residence), for and in consideration of (here insert consideration) conveys and quitclaims to (here insert grantee’s name
or names) all interest in the following described real estate
(here insert description), situated in the county of . . . . . .,
state of Washington. Dated this . . . . day of . . . . . ., 19. . .
64.04.030
64.04.030 Warranty deed—Form and effect. Warranty deeds for the conveyance of land may be substantially
in the following form, without express covenants:
The grantor (here insert the name or names and place or
residence) for and in consideration of (here insert consideration) in hand paid, conveys and warrants to (here insert the
grantee’s name or names) the following described real estate
(here insert description), situated in the county of . . . . . .,
state of Washington. Dated this . . . . day of . . . . . ., 19. . .
Every deed in substance in the above form, when otherwise
duly executed, shall be deemed and held a good and sufficient conveyance, release and quitclaim to the grantee, his
heirs and assigns in fee of all the then existing legal and equitable rights of the grantor in the premises therein described,
but shall not extend to the after acquired title unless words are
added expressing such intention. [1929 c 33 § 11; RRS §
10554. Prior: 1886 p 178 § 5.]
64.04.055 Deeds for conveyance of apartments under
horizontal property regimes act. All deeds for the conveyance of apartments as provided for in chapter 64.32 RCW
shall be substantially in the form required by law for the conveyance of any other land or real property and shall in addition thereto contain the contents described in RCW
64.32.120. [1963 c 156 § 29.]
64.04.055
Every deed in substance in the above form, when otherwise
duly executed, shall be deemed and held a conveyance in fee
simple to the grantee, his heirs and assigns, with covenants on
the part of the grantor: (1) That at the time of the making and
delivery of such deed he was lawfully seized of an indefeasible estate in fee simple, in and to the premises therein
described, and had good right and full power to convey the
same; (2) that the same were then free from all encumbrances; and (3) that he warrants to the grantee, his heirs and
assigns, the quiet and peaceable possession of such premises,
and will defend the title thereto against all persons who may
lawfully claim the same, and such covenants shall be obligatory upon any grantor, his heirs and personal representatives,
as fully and with like effect as if written at full length in such
deed. [1929 c 33 § 9; RRS § 10552. Prior: 1886 p 177 § 3.]
64.04.060 Word "heirs" unnecessary. The term
"heirs", or other technical words of inheritance, shall not be
necessary to create and convey an estate in fee simple. All
conveyances heretofore made omitting the word "heirs", or
other technical words of inheritance, but not limiting the
estate conveyed, are hereby validated as and are declared to
be conveyances of an estate in fee simple. [1931 c 20 § 1;
RRS § 10558. Prior: 1888 p 51 § 4.]
64.04.060
64.04.040
64.04.040 Bargain and sale deed—Form and effect.
Bargain and sale deeds for the conveyance of land may be
substantially in the following form, without express covenants:
The grantor (here insert name or names and place of residence), for and in consideration of (here insert consideration) in hand paid, bargains, sells and conveys to (here insert
the grantee’s name or names) the following described real
estate (here insert description) situated in the county of
. . . . . ., state of Washington. Dated this . . . . day of . . . . . .,
19. . .
Every deed in substance in the above form when otherwise
duly executed, shall convey to the grantee, his heirs or
assigns an estate of inheritance in fee simple, and shall be
adjudged an express covenant to the grantee, his heirs or
assigns, to wit: That the grantor was seized of an indefeasible
estate in fee simple, free from encumbrances, done or suffered from the grantor, except the rents and services that may
be reserved, and also for quiet enjoyment against the grantor,
his heirs and assigns, unless limited by express words contained in such deed; and the grantee, his heirs, executors,
administrators and assigns may recover in any action for
breaches as if such covenants were expressly inserted. [1929
c 33 § 10; RRS § 10553. Prior: 1886 p 178 § 4.]
64.04.050
64.04.050 Quitclaim deed—Form and effect. Quitclaim deeds may be in substance in the following form:
(2006 Ed.)
64.04.070
64.04.070 After acquired title follows deed. Whenever any person or persons having sold and conveyed by deed
any lands in this state, and who, at the time of such conveyance, had no title to such land, and any person or persons who
may hereafter sell and convey by deed any lands in this state,
and who shall not at the time of such sale and conveyance
have the title to such land, shall acquire a title to such lands
so sold and conveyed, such title shall inure to the benefit of
the purchasers or conveyee or conveyees of such lands to
whom such deed was executed and delivered, and to his and
their heirs and assigns forever. And the title to such land so
sold and conveyed shall pass to and vest in the conveyee or
conveyees of such lands and to his or their heirs and assigns,
and shall thereafter run with such land. [1871 p 195 § 1; RRS
§ 10571. Cf. Code 1881 (Supp.) p 25 § 1.]
64.04.080 Purchaser of community real property
protected by record title. See RCW 26.16.095.
64.04.080
64.04.090 Private seals abolished. The use of private
seals upon all deeds, mortgages, leases, bonds, and other
instruments, and contracts in writing, including deeds from a
husband to his wife and from a wife to her husband for their
respective community right, title, interest or estate in all or
any portion of their community real property, is hereby abolished, and the addition of a private seal to any such instrument or contract in writing hereafter made, shall not affect its
validity or legality in any respect. [1923 c 23 § 1; RRS §
64.04.090
[Title 64 RCW—page 3]
64.04.100
Title 64 RCW: Real Property and Conveyances
10556. Prior: 1888 p 184 § 1; 1888 p 50 § 3; 1886 p 165 § 1;
1871 p 83 §§ 1, 2.]
64.04.100
64.04.100 Private seals abolished—Validation. All
deeds, mortgages, leases, bonds and other instruments and
contracts in writing, including deeds from a husband to his
wife and from a wife to her husband for their respective community right, title, interest or estate in all or any portion of
their community real property, which have heretofore been
executed without the use of a private seal, are, notwithstanding, hereby declared to be legal and valid. [1923 c 23 § 2;
RRS § 10557. Prior: 1888 p 184 § 2.]
64.04.105
64.04.105 Corporate seals—Effect of absence from
instrument. The absence of a corporate seal on any deed,
mortgage, lease, bond or other instrument or contract in writing shall not affect its validity, legality or character in any
respect. [1957 c 200 § 1.]
64.04.120
64.04.120 Registration of land titles.
65.12 RCW.
See chapter
64.04.135
64.04.135 Criteria for monitoring historical conformance not to exceed those in original donation agreement—Exception. The criteria for monitoring historical
conformance shall not exceed those included in the original
donation agreement, unless agreed to in writing between
grantor and grantee. [1987 c 341 § 4.]
64.04.140
64.04.140 Legislative declaration—Solar energy systems—Solar easements authorized. The legislature
declares that the potential economic and environmental benefits of solar energy use are considered to be in the public
interest; therefore, local governments are authorized to
encourage and protect access to direct sunlight for solar
energy systems. The legislature further declares that solar
easements appropriate to assuring continued access to direct
sunlight for solar energy systems may be created and may be
privately negotiated. [1979 ex.s. c 170 § 1.]
Severability—1979 ex.s. c 170: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 170 § 15.]
64.04.150
64.04.130
64.04.130 Interests in land for purposes of conservation, protection, preservation, etc.—Ownership by certain entities—Conveyances. A development right, easement, covenant, restriction, or other right, or any interest less
than the fee simple, to protect, preserve, maintain, improve,
restore, limit the future use of, or conserve for open space
purposes, any land or improvement on the land, whether the
right or interest be appurtenant or in gross, may be held or
acquired by any state agency, federal agency, county, city,
town, or metropolitan municipal corporation, nonprofit historic preservation corporation, or nonprofit nature conservancy corporation. Any such right or interest shall constitute
and be classified as real property. All instruments for the conveyance thereof shall be substantially in the form required by
law for the conveyance of any land or other real property.
As used in this section, "nonprofit nature conservancy
corporation" means an organization which qualifies as being
tax exempt under 26 U.S.C. section 501(c)(3) (of the United
States Internal Revenue Code of 1954, as amended) as it
existed on June 25, 1976, and which has as one of its principal purposes the conducting or facilitating of scientific
research; the conserving of natural resources, including but
not limited to biological resources, for the general public; or
the conserving of natural areas including but not limited to
wildlife or plant habitat.
As used in this section, "nonprofit historic preservation
corporation" means an organization which qualifies as being
tax exempt under 26 U.S.C. section 501(c)(3) of the United
States Internal Revenue Code of 1954, as amended, and
which has as one of its principal purposes the conducting or
facilitating of historic preservation activities within the state,
including conservation or preservation of historic sites, districts, buildings, and artifacts. [1987 c 341 § 1; 1979 ex.s. c
21 § 1.]
Acquisition of open space, land, or rights to future development by certain
entities: RCW 84.34.200 through 84.34.250.
Property tax exemption for conservation futures on agricultural land: RCW
84.36.500.
[Title 64 RCW—page 4]
64.04.150 Solar easements—Definitions. (1) As used
in this chapter:
(a) "Solar energy system" means any device or combination of devices or elements which rely upon direct sunlight as
an energy source, including but not limited to any substance
or device which collects sunlight for use in:
(i) The heating or cooling of a structure or building;
(ii) The heating or pumping of water;
(iii) Industrial, commercial, or agricultural processes; or
(iv) The generation of electricity.
A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but
are not limited to, serving as a structural member or part of a
roof of a building or structure and serving as a window or
wall; and
(b) "Solar easement" means a right, expressed as an easement, restriction, covenant, or condition contained in any
deed, contract, or other written instrument executed by or on
behalf of any landowner for the purpose of assuring adequate
access to direct sunlight for solar energy systems.
(2) A solar easement is an interest in real property, and
shall be created in writing and shall be subject to the same
conveyancing and instrument recording requirements as
other easements.
(3) A solar easement shall be appurtenant and run with
the land or lands benefited and burdened, unless otherwise
provided in the easement.
(4) Any instrument creating a solar easement shall
include but not be limited to:
(a) A description of the real property subject to the solar
easement and a description of the real property benefiting
from the solar easement; and
(b) A description of the extent of the solar easement
which is sufficiently certain to allow the owner of the real
property subject to the easement to ascertain the extent of the
easement. Such description may be made by describing the
vertical and horizontal angles, expressed in degrees, at which
the solar easement extends over the real property subject to
the easement and the points from which those angles are to be
(2006 Ed.)
Conveyances
measured, or the height over the property above which the
solar easement extends, or a prohibited shadow pattern, or
any other reasonably certain description.
(5) Any instrument creating a solar easement may
include:
(a) The terms or conditions or both under which the solar
easement is granted or will be terminated; and
(b) Any provisions for compensation to the owner of
property benefiting from the solar easement in the event of
interference with the enjoyment of the solar easement, or
compensation to the owner of the property subject to the solar
easement for maintaining the solar easement. [1979 ex.s. c
170 § 12.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
64.04.160
64.04.160 Solar easements—Creation. A solar easement created under this chapter may only be created by written agreement. Nothing in this chapter shall be deemed to
create or authorize the creation of an implied easement or a
prescriptive easement. [1979 ex.s. c 170 § 14.]
64.04.210
the public interest of the state of Washington that such properties retain their character as public utility and transportation
corridors, and that they may be made available for public
uses including highways, other forms of mass transportation,
conservation, energy production or transmission, or recreation. Nothing in this section or in RCW 64.04.190 authorizes a public agency or utility to acquire reversionary interests in public utility and transportation corridors without payment of just compensation. [1988 c 16 § 1; 1984 c 143 § 22.]
64.04.190
64.04.190 Public utility and transportation corridors—Defined. Public utility and transportation corridors
are railroad properties (1) on which railroad operations have
ceased; (2) that have been found suitable for public use by an
order of the Interstate Commerce Commission of the United
States; and (3) that have been acquired by purchase, lease,
donation, exchange, or other agreement by the state, one of
its political subdivisions, or a public utility. [1988 c 16 § 2;
1984 c 143 § 23.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
64.04.200
64.04.170
64.04.170 Interference with solar easement—Remedies. In any action for interference with a solar easement, if
the instrument creating the easement does not specify any
appropriate and applicable remedies, the court may choose
one or more remedies including but not limited to the following:
(1) Actual damages as measured by increased charges
for supplemental energy, the capital cost of the solar energy
system, and/or the cost of additional equipment necessary to
supply sufficient energy:
(a) From the time the interference began until the actual
or expected cessation of the interference; or
(b) If the interference is not expected to cease, in a lump
sum which represents the present value of the damages from
the time the interference began until the normally expected
end of the useful life of the equipment which was interfered
with;
(2) Reasonable and necessary attorney’s fees as fixed by
the court; and
(3) An injunction against the interference. [1979 ex.s. c
170 § 13.]
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
64.04.175
64.04.175 Easements established by dedication—
Extinguishing or altering. Easements established by a dedication are property rights that cannot be extinguished or
altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated
easement provides for an alternative method or methods to
extinguish or alter the easement. [1991 c 132 § 1.]
64.04.180
64.04.180 Railroad properties as public utility and
transportation corridors—Declaration of availability for
public use—Acquisition of reversionary interest. Railroad
properties, including but not limited to rights-of-way, land
held in fee and used for railroad operations, bridges, tunnels,
and other facilities, are declared to be suitable for public use
upon cessation of railroad operations on the properties. It is in
(2006 Ed.)
64.04.200 Existing rate or charge for energy conservation—Seller’s duty to disclose. Prior to closing, the seller
of real property subject to a rate or charge for energy conservation measures, services, or payments provided under a tariff approved by the utilities and transportation commission
pursuant to RCW 80.28.065 shall disclose to the purchaser of
the real property the existence of the obligation and the possibility that the purchaser may be responsible for the payment
obligation. [1993 c 245 § 3.]
Findings—Intent—1993 c 245: See note following RCW 80.28.065.
64.04.210
64.04.210 Requests for notice of transfer or encumbrance—Disclosure—Notice to department of social and
health services. (1) If the department of social and health
services has filed a request for notice of transfer or encumbrance under RCW 43.20B.750:
(a) A title insurance company or agent that discovers the
presence of a request for notice of transfer or encumbrance
when performing a title search on real property shall disclose
the presence of the request for notice of transfer or encumbrance in any report preliminary to, or any commitment to
offer, a certificate of title insurance for the real property; and
(b) Any individual who transfers or encumbers real property shall provide the department of social and health services
with a notice of transfer or encumbrance. The department of
social and health services shall adopt by rule a model form
for notice of transfer or encumbrance to be used by a purchaser or lender when notifying the department.
(2) If the department of social and health services has
caused to be recorded a termination of request for notice of
transfer or encumbrance in the deed and mortgage records
under RCW 43.20B.750, an individual transferring or
encumbering the real property is not required to provide the
notice of transfer or encumbrance required by subsection
(1)(b) of this section. [2005 c 292 § 2.]
[Title 64 RCW—page 5]
Chapter 64.06
Title 64 RCW: Real Property and Conveyances
Chapter 64.06 RCW
RESIDENTIAL REAL PROPERTY TRANSFERS—
SELLER’S DISCLOSURES
Chapter 64.06
Sections
64.06.005
64.06.010
64.06.020
64.06.021
64.06.022
64.06.030
64.06.040
64.06.050
64.06.060
64.06.070
64.06.900
Application—Definition of residential real property.
Application—Exceptions for certain transfers of residential
real property.
Seller’s duty—Format of disclosure statement—Minimum
information.
Notice regarding sex offenders.
Disclosure of possible proximity to farm.
Delivery of disclosure statement—Buyer’s options—Time
frame.
After delivery of disclosure statement—Additional information—Seller’s duty—Buyer’s options—Closing the transaction.
Error, inaccuracy, or omission in disclosure statement—
Actual knowledge—Liability.
Consumer protection act does not apply.
Buyer’s rights or remedies.
Effective date—1994 c 200.
64.06.005 Application—Definition of residential real
property. This chapter applies only to residential real property. For purposes of this chapter, residential real property
means:
(1) Real property consisting of, or improved by, one to
four dwelling units;
(2) A residential condominium as defined in RCW
64.34.020(9), unless the sale is subject to the public offering
statement requirement in the Washington condominium act,
chapter 64.34 RCW;
(3) A residential timeshare, as defined in RCW
64.36.010(11), unless subject to written disclosure under the
Washington timeshare act, chapter 64.36 RCW; or
(4) A mobile or manufactured home, as defined in RCW
43.22.335 or 46.04.302, that is personal property. [2002 c
268 § 8; 1994 c 200 § 1.]
64.06.005
Purpose—Finding—Effective dates—2002 c 268: See notes following RCW 43.22.434.
64.06.010 Application—Exceptions for certain transfers of residential real property. This chapter does not
apply to the following transfers of residential real property:
(1) A foreclosure, deed-in-lieu of foreclosure, or a sale
by a lienholder who acquired the residential real property
through foreclosure or deed-in-lieu of foreclosure;
(2) A gift or other transfer to a parent, spouse, or child of
a transferor or child of any parent or spouse of a transferor;
(3) A transfer between spouses in connection with a marital dissolution;
(4) A transfer where a buyer had an ownership interest in
the property within two years of the date of the transfer
including, but not limited to, an ownership interest as a partner in a partnership, a limited partner in a limited partnership,
a shareholder in a corporation, a leasehold interest, or transfers to and from a facilitator pursuant to a tax deferred
exchange;
(5) A transfer of an interest that is less than fee simple,
except that the transfer of a vendee’s interest under a real
estate contract is subject to the requirements of this chapter;
and
(6) A transfer made by the personal representative of the
estate of the decedent or by a trustee in bankruptcy. [1994 c
200 § 2.]
64.06.010
[Title 64 RCW—page 6]
64.06.020
64.06.020 Seller’s duty—Format of disclosure statement—Minimum information. (1) In a transaction for the
sale of residential property, the seller shall, unless the buyer
has expressly waived the right to receive the disclosure statement, or unless the transfer is exempt under RCW 64.06.010,
deliver to the buyer a completed seller disclosure statement in
the following format and that contains, at a minimum, the following information:
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces
blank. If the question clearly does not apply to the property
write "NA". If the answer is "yes" to any * items, please
explain on attached sheets. Please refer to the line number(s)
of the question(s) when you provide your explanation(s). For
your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business
days, unless otherwise agreed, after mutual acceptance of a
written contract to purchase between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY
SELLER ABOUT THE CONDITION OF THE PROPERTY
LOCATED AT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON
ATTACHED EXHIBIT A.
SELLER MAKES THE FOLLOWING DISCLOSURES OF
EXISTING MATERIAL FACTS OR MATERIAL
DEFECTS TO BUYER BASED ON SELLER’S ACTUAL
KNOWLEDGE OF THE PROPERTY AT THE TIME
SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE
AGREE IN WRITING, YOU HAVE THREE BUSINESS
DAYS FROM THE DAY SELLER OR SELLER’S AGENT
DELIVERS THIS DISCLOSURE STATEMENT TO YOU
TO RESCIND THE AGREEMENT BY DELIVERING A
SEPARATELY SIGNED WRITTEN STATEMENT OF
RESCISSION TO SELLER OR SELLER’S AGENT. IF
THE SELLER DOES NOT GIVE YOU A COMPLETED
DISCLOSURE STATEMENT, THEN YOU MAY WAIVE
THE RIGHT TO RESCIND PRIOR TO OR AFTER THE
TIME YOU ENTER INTO A SALE AGREEMENT.
THE FOLLOWING ARE DISCLOSURES MADE BY
SELLER AND ARE NOT THE REPRESENTATIONS OF
ANY REAL ESTATE LICENSEE OR OTHER PARTY.
THIS INFORMATION IS FOR DISCLOSURE ONLY
AND IS NOT INTENDED TO BE A PART OF ANY
WRITTEN AGREEMENT BETWEEN BUYER AND
SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF
THE SPECIFIC CONDITION OF THIS PROPERTY YOU
ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE
PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST
INSPECTORS. THE PROSPECTIVE BUYER AND
(2006 Ed.)
Residential Real Property Transfers—Seller’s Disclosures
SELLER MAY WISH TO OBTAIN PROFESSIONAL
ADVICE OR INSPECTIONS OF THE PROPERTY OR TO
PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY
ADVICE, INSPECTION, DEFECTS OR WARRANTIES.
Seller . . . . is/ . . . . is not occupying the property.
I. SELLER’S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer
and attach documents, if available and not otherwise publicly recorded. If necessary,
use an attached sheet.
1. TITLE
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
A. Do you have legal authority to sell
the property? If no, please explain.
*B. Is title to the property subject to any
of the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
*C. Are there any encroachments,
boundary agreements, or boundary disputes?
*D. Are there any rights of way, easements, or access limitations that may
affect the Buyer’s use of the property?
*E. Are there any written agreements
for joint maintenance of an easement or
right of way?
*F. Is there any study, survey project, or
notice that would adversely affect the
property?
*G. Are there any pending or existing
assessments against the property?
*H. Are there any zoning violations,
nonconforming uses, or any unusual
restrictions on the property that would
affect future construction or remodeling?
*I. Is there a boundary survey for the
property?
*J. Are there any covenants, conditions,
or restrictions which affect the property?
2. WATER
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
(2006 Ed.)
A. Household Water
(1) The source of water for the
property is:
[ ] Private or publicly owned water
system
[ ] Private well serving only the subject property . . . . . .
*[ ] Other water system
*If shared, are there any written
agreements?
*(2) Is there an easement (recorded
or unrecorded) for access to and/or
maintenance of the water source?
*(3) Are there any known problems
or repairs needed?
(4) During your ownership, has the
source provided an adequate year
round supply of potable water? If
no, please explain.
*(5) Are there any water treatment
systems for the property? If yes, are
they [ ]Leased [ ]Owned
B. Irrigation
(1) Are there any water rights for
the property, such as a water right,
permit, certificate, or claim?
*(a) If yes, have the water rights
been used during the last five years?
*(b) If so, is the certificate available?
C. Outdoor Sprinkler System
(1) Is there an outdoor sprinkler system for the property?
(2) If yes, are there any defects in
the system? . . . . . .
*(3) If yes, is the sprinkler system
connected to irrigation water?
64.06.020
3. SEWER/ON-SITE
SEWAGE SYSTEM
A. The property is served by: [ ] Public
sewer system, [ ] On-site sewage system
(including pipes, tanks, drainfields, and
all other component parts) [ ] Other disposal system, please describe:
..............................
[ ] Yes
[ ] No
[ ] Don’t know
B. If public sewer system service is
available to the property, is the house
connected to the sewer main? If no,
please explain.
..............................
[ ] Yes
[ ] No
[ ] Don’t know
C. Is the property subject to any sewage
system fees or charges in addition to
those covered in your regularly billed
sewer or on-site sewage system maintenance service?
D. If the property is connected to an onsite sewage system:
[ ] Yes
[ ] No
[ ] Don’t know
*(1) Was a permit issued for its construction, and was it approved by
the local health department or district following its construction?
(2) When was it last pumped:
........................ ...
[ ] Yes
[ ] No
[ ] Don’t know
*(3) Are there any defects in the
operation of the on-site sewage system?
[ ] Don’t know
(4) When was it last inspected?
........................ ...
By Whom: . . . . . . . . . . . . . . . . .
[ ] Don’t know
(5) For how many bedrooms was
the on-site sewage system approved
?
. . . . . . . . . . . . . . . . . . bedrooms
[ ] Yes
[ ] No
[ ] Don’t know
E. Are all plumbing fixtures, including
laundry drain, connected to the
sewer/on-site sewage system? If no,
please explain: . . . . . . . . . . . . . . . . .
[ ] Yes
[ ] No
[ ] Don’t know
*F. Have there been any changes or
repairs to the on-site sewage system?
[ ] Yes
[ ] No
[ ] Don’t know
G. Is the on-site sewage system, including the drainfield, located entirely
within the boundaries of the property?
If no, please explain.
..............................
[ ] Yes
[ ] No
[ ] Don’t know
H. Does the on-site sewage system
require monitoring and maintenance
services more frequently than once a
year? If yes, please explain.
..............................
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS
NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE
THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS
AND FIXTURES
4. STRUCTURAL
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] Don’t know
[ ] Don’t know
*A. Has the roof leaked?
*B. Has the basement flooded or
leaked?
[ ] Yes
[ ] No
[ ] Don’t know
*C. Have there been any conversions,
additions, or remodeling?
[ ] Yes
[ ] No
[ ] Don’t know
*(1) If yes, were all building permits obtained?
[ ] Yes
[ ] No
[ ] Don’t know
*(2) If yes, were all final inspections obtained?
[ ] Yes
[ ] No
[ ] Don’t know
D. Do you know the age of the house?
If yes, year of original construction:
..............................
[ ] Yes
[ ] No
[ ] Don’t know
*E. Has there been any settling, slippage, or sliding of the property or its
improvements?
[ ] Yes
[ ] No
[ ] Don’t know
*F. Are there any defects with the following: (If yes, please check applicable
items and explain.)
â Foundations
â Decks
â Exterior Walls
â Chimneys
â Interior Walls
â Fire Alarm
â Doors
â Windows
â Patio
â Ceilings
â Slab Floors
â Driveways
â Pools
â Hot Tub
â Sauna
â Sidewalks
â Outbuildings
â Fireplaces
â Garage Floors
â Walkways
â Siding
â Other
â Wood Stoves
[Title 64 RCW—page 7]
64.06.020
Title 64 RCW: Real Property and Conveyances
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] Don’t know
[ ] Don’t know
*G. Was a structural pest or "whole
house" inspection done? If yes, when
and by whom was the inspection completed? . . . . . . . . . . . . . . . . . . . . . . .
H. During your ownership, has the
property had any wood destroying
organism or pest infestation?
I. Is the attic insulated?
J. Is the basement insulated?
5. SYSTEMS AND
FIXTURES
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] No
[ ] No
[ ] No
[ ] No
[ ] Don’t know
[ ] Don’t know
[ ] Don’t know
[ ] Don’t know
[ ] Don’t know
[ ] Don’t know
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No
[ ] No
[ ] No
[ ] Don’t know
[ ] Don’t know
[ ] Don’t know
*A. If any of the following systems or
fixtures are included with the transfer,
are there any defects? If yes, please
explain.
Electrical system, including wiring, switches, outlets, and service
Plumbing system, including pipes,
faucets, fixtures, and toilets
Hot water tank
Garbage disposal
Appliances
Sump pump
Heating and cooling systems
Security system
[ ] Owned [ ] Leased
Other . . . . . . . . . . . . . . . . . . . .
*B. If any of the following fixtures
or property is included with the
transfer, are they leased? (If yes,
please attach copy of lease.)
Security system . . . . . .
Tanks (type): . . . . . .
Satellite dish . . . . . .
Other: . . . . . .
6. COMMON INTERESTS
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
A. Is there a Home Owners’ Association? Name of Association
..............................
B. Are there regular periodic assessments:
$ . . . per [ ] Month [ ] Year
[ ] Other . . . . . . . . . . . . . . . . . . . . . . .
*C. Are there any pending special
assessments?
*D. Are there any shared "common
areas" or any joint maintenance agreements (facilities such as walls, fences,
landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)?
7. GENERAL
*A. Have there been any drainage problems on the property?
*B. Does the property contain fill material?
*C. Is there any material damage to the
property from fire, wind, floods, beach
movements, earthquake, expansive
soils, or landslides?
D. Is the property in a designated flood
plain?
*E. Are there any substances, materials,
or products on the property that may be
environmental concerns, such as asbestos, formaldehyde, radon gas, leadbased paint, fuel or chemical storage
tanks, or contaminated soil or water ?
*G [*F]. Has the property ever been
used as an illegal drug manufacturing
site?
*H [*G]. Are there any radio towers in
the area that may cause interference
with telephone reception?
8. MANUFACTURED AND
MOBILE HOMES
[ ] Yes
[ ] No
[ ] Don’t know
[ ] Yes
[ ] No
[ ] Don’t know
[Title 64 RCW—page 8]
If the property includes a manufactured
or mobile home,
*A. Did you make any alterations to the
home? If yes, please describe the alterations: . . . . . . . . . .
*B. Did any previous owner make any
alterations to the home? If yes, please
describe the alterations: . . . . . . . . . .
[ ] Yes
[ ] No
[ ] Don’t know
*C. If alterations were made, were permits or variances for these alterations
obtained?
9. FULL DISCLOSURE BY
SELLERS
A. Other conditions or defects:
*Are there any other existing material
defects affecting the property that a prospective buyer should know about?
B. Verification:
The foregoing answers and attached
explanations (if any) are complete and
correct to the best of my/our knowledge
and I/we have received a copy hereof.
I/we authorize all of my/our real estate
licensees, if any, to deliver a copy of this
disclosure statement to other real estate
licensees and all prospective buyers of
the property.
DATE . . . . . . . . .
SELLER . . . . . . . . . . .
SELLER . . . . . . . . . . . . . . . .
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY
BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS
NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN
THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF
REGISTERED SEX OFFENDERS.
[ ] Yes
[ ] No
[ ] Don’t know
II. BUYER’S ACKNOWLEDGMENT
A.
B.
C.
D.
E.
Buyer hereby acknowledges that: Buyer has a duty to pay
diligent attention to any material defects that are known to
Buyer or can be known to Buyer by utilizing diligent attention and observation.
The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not
by any real estate licensee or other party.
Buyer acknowledges that, pursuant to RCW 64.06.050(2),
real estate licensees are not liable for inaccurate information
provided by Seller, except to the extent that real estate licensees know of such inaccurate information.
This information is for disclosure only and is not intended to
be a part of the written agreement between the Buyer and
Seller.
Buyer (which term includes all persons signing the "Buyer’s
acceptance" portion of this disclosure statement below) has
received a copy of this Disclosure Statement (including
attachments, if any) bearing Seller’s signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE
STATEMENT ARE PROVIDED BY SELLER BASED ON
SELLER’S ACTUAL KNOWLEDGE OF THE PROPERTY
AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER
OTHERWISE AGREE IN WRITING, BUYER SHALL
HAVE THREE BUSINESS DAYS FROM THE DAY
SELLER OR SELLER’S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED
WRITTEN STATEMENT OF RESCISSION TO SELLER
OR SELLER’S AGENT. IF THE SELLER DOES NOT
GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO
RESCIND PRIOR TO OR AFTER THE TIME YOU
ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A
COPY OF THIS DISCLOSURE STATEMENT AND
ACKNOWLEDGES THAT THE DISCLOSURES MADE
HEREIN ARE THOSE OF THE SELLER ONLY, AND
NOT OF ANY REAL ESTATE LICENSEE OR OTHER
PARTY.
DATE . . . . . . . BUYER . . . . . . . . . BUYER . . . . . . . . . . . .
(2) If the disclosure statement is being completed for
new construction which has never been occupied, the disclosure statement is not required to contain and the seller is not
required to complete the questions listed in item 4. Structural
or item 5. Systems and Fixtures.
(2006 Ed.)
Residential Real Property Transfers—Seller’s Disclosures
(3) The seller disclosure statement shall be for disclosure
only, and shall not be considered part of any written agreement between the buyer and seller of residential property.
The seller disclosure statement shall be only a disclosure
made by the seller, and not any real estate licensee involved
in the transaction, and shall not be construed as a warranty of
any kind by the seller or any real estate licensee involved in
the transaction. [2004 c 114 § 1; 2003 c 200 § 1; 1996 c 301
§ 2; 1994 c 200 § 3.]
Application—Effective date—2004 c 114: See notes following RCW
64.06.021.
Effective date—1996 c 301 § 2: "Section 2 of this act shall take effect
July 1, 1996." [1996 c 301 § 7.]
64.06.021
64.06.021 Notice regarding sex offenders. The notice
regarding sex offenders under RCW 64.06.020 does not create any legal duty on the part of the seller, or on the part of
any real estate licensee, to investigate or to provide the buyer
with information regarding the actual presence, or lack
thereof, of registered sex offenders in the area of any property, including but not limited to any property that is the subject of a disclosure or waiver of disclosure under this chapter,
or that is exempt from disclosure under RCW 64.06.010.
[2004 c 114 § 2.]
Application—2004 c 114: "This act applies prospectively only and not
retroactively. It applies only to residential real property purchase and sale
agreements entered into on or after January 1, 2005, without regard to when
the agreements are closed or finalized." [2004 c 114 § 3.]
Effective date—2004 c 114: "This act takes effect January 1, 2005."
[2004 c 114 § 4.]
64.06.022
64.06.022 Disclosure of possible proximity to farm.
A seller of real property shall make available to the buyer the
following statement: "This notice is to inform you that the
real property you are considering for purchase may lie in
close proximity to a farm. The operation of a farm involves
usual and customary agricultural practices, which are protected under RCW 7.48.305, the Washington right to farm
act." [2006 c 77 § 1; 2005 c 511 § 3.]
64.06.030
64.06.030 Delivery of disclosure statement—Buyer’s
options—Time frame. Unless the buyer has expressly
waived the right to receive the disclosure statement, not later
than five business days or as otherwise agreed to, after
mutual acceptance of a written agreement between a buyer
and a seller for the purchase and sale of residential real property, the seller shall deliver to the buyer a completed, signed,
and dated real property transfer disclosure statement. Within
three business days, or as otherwise agreed to, of receipt of
the real property transfer disclosure statement, the buyer shall
have the right to exercise one of the following two options:
(1) Approving and accepting the real property transfer disclosure statement; or (2) rescinding the agreement for the purchase and sale of the property, which decision may be made
by the buyer in the buyer’s sole discretion. If the buyer elects
to rescind the agreement, the buyer must deliver written
notice of rescission to the seller within the three-business-day
period, or as otherwise agreed to, and upon delivery of the
written rescission notice the buyer shall be entitled to immediate return of all deposits and other considerations less any
agreed disbursements paid to the seller, or to the seller’s
(2006 Ed.)
64.06.040
agent or an escrow agent for the seller’s account, and the
agreement for purchase and sale shall be void. If the buyer
does not deliver a written recision notice to [the] seller within
the three-business-day period, or as otherwise agreed to, the
real property transfer disclosure statement will be deemed
approved and accepted by the buyer. [1996 c 301 § 3; 1994 c
200 § 4.]
64.06.040
64.06.040 After delivery of disclosure statement—
Additional information—Seller’s duty—Buyer’s
options—Closing the transaction. (1) If, after the date that
a seller of residential real property completes a real property
transfer disclosure statement, the seller becomes aware of
additional information, or an adverse change occurs which
makes any of the disclosures made inaccurate, the seller shall
amend the real property transfer disclosure statement, and
deliver the amendment to the buyer. No amendment shall be
required, however, if the seller takes whatever corrective
action is necessary so that the accuracy of the disclosure is
restored, or the adverse change is corrected, at least three
business days prior to the closing date. Unless the corrective
action is completed by the seller prior to the closing date, the
buyer shall have the right to exercise one of the following two
options: (a) Approving and accepting the amendment, or (b)
rescinding the agreement of purchase and sale of the property
within three business days after receiving the amended real
property transfer disclosure statement. Acceptance or recision shall be subject to the same procedures described in
RCW 64.06.030. If the closing date provided in the purchase
and sale agreement is scheduled to occur within the threebusiness-day rescission period provided for in this section,
the closing date shall be extended until the expiration of the
three-business-day rescission period. The buyer shall have no
right of rescission if the seller takes whatever action is necessary so that the accuracy of the disclosure is restored at least
three business days prior to the closing date.
(2) In the event any act, occurrence, or agreement arising
or becoming known after the closing of a residential real
property transfer causes a real property transfer disclosure
statement to be inaccurate in any way, the seller of such property shall have no obligation to amend the disclosure statement, and the buyer shall not have the right to rescind the
transaction under this chapter.
(3) If the seller in a residential real property transfer fails
or refuses to provide to the prospective buyer a real property
transfer disclosure statement as required under this chapter,
the prospective buyer’s right of rescission under this section
shall apply until the earlier of three business days after receipt
of the real property transfer disclosure statement or the date
the transfer has closed, unless the buyer has otherwise waived
the right of rescission in writing. Closing is deemed to occur
when the buyer has paid the purchase price, or down payment, and the conveyance document, including a deed or real
estate contract, from the seller has been delivered and
recorded. After closing, the seller’s obligation to deliver the
real property transfer disclosure statement and the buyer’s
rights and remedies under this chapter shall terminate. [1996
c 301 § 4; 1994 c 200 § 5.]
[Title 64 RCW—page 9]
64.06.050
Title 64 RCW: Real Property and Conveyances
64.06.050 Error, inaccuracy, or omission in disclosure statement—Actual knowledge—Liability. (1) The
seller of residential real property shall not be liable for any
error, inaccuracy, or omission in the real property transfer
disclosure statement if the seller had no actual knowledge of
the error, inaccuracy, or omission. Unless the seller of residential real property has actual knowledge of an error, inaccuracy, or omission in a real property transfer disclosure
statement, the seller shall not be liable for such error, inaccuracy, or omission if the disclosure was based on information
provided by public agencies, or by other persons providing
information within the scope of their professional license or
expertise, including, but not limited to, a report or opinion
delivered by a land surveyor, title company, title insurance
company, structural inspector, pest inspector, licensed engineer, or contractor.
(2) Any licensed real estate salesperson or broker
involved in a residential real property transaction is not liable
for any error, inaccuracy, or omission in the real property
transfer disclosure statement if the licensee had no actual
knowledge of the error, inaccuracy, or omission. Unless the
salesperson or broker has actual knowledge of an error, inaccuracy, or omission in a real property transfer disclosure
statement, the salesperson or broker shall not be liable for
such error, inaccuracy, or omission if the disclosure was
based on information provided by public agencies, or by
other persons providing information within the scope of their
professional license or expertise, including, but not limited
to, a report or opinion delivered by a land surveyor, title company, title insurance company, structural inspector, pest
inspector, licensed engineer, or contractor. [1996 c 301 § 5;
1994 c 200 § 6.]
64.06.050
64.06.060 Consumer protection act does not apply.
The legislature finds that the practices covered by this chapter are not matters vitally affecting the public interest for the
purpose of applying the consumer protection act, chapter
19.86 RCW. [1994 c 200 § 7.]
64.06.060
64.06.070 Buyer’s rights or remedies. Except as provided in RCW 64.06.050, nothing in this chapter shall extinguish or impair any rights or remedies of a buyer of real estate
against the seller or against any agent acting for the seller otherwise existing pursuant to common law, statute, or contract;
nor shall anything in this chapter create any new right or remedy for a buyer of residential real property other than the right
of recision exercised on the basis and within the time limits
provided in this chapter. [1996 c 301 § 6; 1994 c 200 § 8.]
64.06.070
64.06.900 Effective date—1994 c 200. This act shall
take effect on January 1, 1995. [1994 c 200 § 10.]
64.06.900
Chapter 64.08
Chapter 64.08 RCW
ACKNOWLEDGMENTS
Sections
64.08.010
64.08.020
64.08.040
64.08.050
64.08.060
64.08.070
Who may take acknowledgments.
Acknowledgments out of state—Certificate.
Foreign acknowledgments, who may take.
Certificate of acknowledgment—Evidence.
Form of certificate for individual.
Form of certificate for corporation.
[Title 64 RCW—page 10]
64.08.090
64.08.100
Authority of superintendents, business managers and officers
of correctional institutions to take acknowledgments and
administer oaths—Procedure.
Acknowledgments by persons unable to sign name.
Validating: See notes following chapter 64.04 RCW digest.
Acknowledgments
merchant seamen: RCW 73.20.010.
persons in the armed services: RCW 73.20.010.
persons outside United States in connection with war: RCW 73.20.010.
64.08.010
64.08.0 10 Who may take acknowledgments.
Acknowledgments of deeds, mortgages and other instruments in writing, required to be acknowledged may be taken
in this state before a justice of the supreme court, or the clerk
thereof, or the deputy of such clerk, before a judge of the
court of appeals, or the clerk thereof, before a judge of the
superior court, or qualified court commissioner thereof, or
the clerk thereof, or the deputy of such clerk, or a county
auditor, or the deputy of such auditor, or a qualified notary
public, or a qualified United States commissioner appointed
by any district court of the United States for this state, and all
said instruments heretofore executed and acknowledged
according to the provisions of this section are hereby
declared legal and valid. [1971 c 81 § 131; 1931 c 13 § 1;
1929 c 33 § 3; RRS § 10559. Prior: 1913 c 14 § 1; Code 1881
§ 2315; 1879 p 110 § 1; 1877 p 317 § 5; 1875 p 107 § 1; 1873
p 466 § 5.]
64.08.020
64.08.020 Acknowledgments out of state—Certificate. Acknowledgments of deeds conveying or encumbering
real estate situated in this state, or any interest therein, and
other instruments in writing, required to be acknowledged,
may be taken in any other state or territory of the United
States, the District of Columbia, or in any possession of the
United States, before any person authorized to take the
acknowledgments of deeds by the laws of the state, territory,
district or possession wherein the acknowledgment is taken,
or before any commissioner appointed by the governor of this
state, for that purpose, but unless such acknowledgment is
taken before a commissioner so appointed by the governor, or
before the clerk of a court of record of such state, territory,
district or possession, or before a notary public or other
officer having a seal of office, the instrument shall have
attached thereto a certificate of the clerk of a court of record
of the county, parish, or other political subdivision of such
state, territory, district or possession wherein the acknowledgment was taken, under the seal of said court, certifying
that the person who took the acknowledgment, and whose
name is subscribed to the certificate thereof, was at the date
thereof such officer as he represented himself to be, authorized by law to take acknowledgments of deeds, and that the
clerk verily believes the signature of the person subscribed to
the certificate of acknowledgment to be genuine. [1929 c 33
§ 4; RRS §§ 10560, 10561. Prior: Code 1881 §§ 2316, 2317;
1877 p 313 §§ 6, 7; 1873 p 466 §§ 6, 7; 1867 pp 93, 94 §§ 1,
2; 1866 p 89 § 1; 1865 p 25 § 1. Formerly RCW 64.08.020
and 64.08.030.]
64.08.040
64.08.040 Foreign acknowledgments, who may take.
Acknowledgments of deeds conveying or encumbering real
estate situated in this state, or any interest therein and other
instruments in writing, required to be acknowledged, may be
(2006 Ed.)
Acknowledgments
taken in any foreign country before any minister, plenipotentiary, secretary of legation, charge d’affaires, consul general,
consul, vice consul, consular agent, or commercial agent
appointed by the United States government, or before any
notary public, or before the judge, clerk, or other proper
officer of any court of said country, or before the mayor or
other chief magistrate of any city, town or other municipal
corporation therein. [1929 c 33 § 5; RRS § 10563, part. Prior:
1901 c 53 § 1; 1888 p 1 § 1; Code 1881 § 2319; 1875 p 108 §
2.]
64.08.050
64.08.050 Certificate of acknowledgment—Evidence.
The officer, or person, taking an acknowledgment as in this
chapter provided, shall certify the same by a certificate written upon or annexed to the instrument acknowledged and
signed by him or her and sealed with his or her official seal,
if any, and reciting in substance that the person, or persons,
known to him or her as, or determined by satisfactory evidence to be, the person, or persons, whose name, or names,
are signed to the instrument as executing the same, acknowledged before him or her on the date stated in the certificate
that he, she, or they, executed the same freely and voluntarily.
Such certificate shall be prima facie evidence of the facts
therein recited. The officer or person taking the acknowledgment has satisfactory evidence that a person is the person
whose name is signed on the instrument if that person: (1) Is
personally known to the officer or person taking the acknowledgment; (2) is identified upon the oath or affirmation of a
credible witness personally known to the officer or person
taking the acknowledgment; or (3) is identified on the basis
of identification documents. [1988 c 69 § 1; 1929 c 33 § 6;
RRS §§ 10564, 10565. Prior: Code 1881 §§ 2320, 2321;
1879 p 158 §§ 2, 3.]
64.08.060
64.08.060 Form of certificate for individual. A certificate of acknowledgment for an individual, substantially in
the following form or, after December 31, 1985, substantially
in the form set forth in RCW 42.44.100(1), shall be sufficient
for the purposes of this chapter and for any acknowledgment
required to be taken in accordance with this chapter:
State of
....................
County of
....................





ss.
On this day personally appeared before me (here insert
the name of grantor or grantors) to me known to be the individual, or individuals described in and who executed the
within and foregoing instrument, and acknowledged that he
(she or they) signed the same as his (her or their) free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this . . . . day of
. . . . . ., 19. . . (Signature of officer and official seal)
If acknowledgment is taken before a notary public of this
state the signature shall be followed by substantially the following: Notary Public in and for the state of Washington,
residing at . . . . . . . . ., (giving place of residence). [1988 c
69 § 2; 1929 c 33 § 13; RRS § 10566. Prior: 1888 p 51 § 2;
1886 p 179 § 7.]
(2006 Ed.)
64.08.100
64.08.070
64.08.070 Form of certificate for corporation. A certificate of acknowledgment for a corporation, substantially in
the following form or, after December 31, 1985, substantially
in the form set forth in RCW 42.44.100(2), shall be sufficient
for the purposes of this chapter and for any acknowledgment
required to be taken in accordance with this chapter:
State of
...............
County of
...............





ss.
On this . . . . day of . . . . . ., 19. . ., before me personally
appeared . . . . . ., to me known to be the (president, vice president, secretary, treasurer, or other authorized officer or
agent, as the case may be) of the corporation that executed the
within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and
on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation.
In Witness Whereof I have hereunto set my hand and
affixed my official seal the day and year first above written.
(Signature and title of officer with place of residence of
notary public.) [1988 c 69 § 3; 1929 c 33 § 14; RRS § 10567.
Prior: 1903 c 132 § 1.]
64.08.090
64.08.090 Authority of superintendents, business
managers and officers of correctional institutions to take
acknowledgments and administer oaths—Procedure.
The superintendents, associate and assistant superintendents,
business managers, records officers and camp superintendents of any correctional institution or facility operated by
the state of Washington are hereby authorized and empowered to take acknowledgments on any instruments of writing,
and certify the same in the manner required by law, and to
administer all oaths required by law to be administered, all of
the foregoing acts to have the same effect as if performed by
a notary public: PROVIDED, That such authority shall only
extend to taking acknowledgments for and administering
oaths to officers, employees and residents of such institutions
and facilities. None of the individuals herein empowered to
take acknowledgments and administer oaths shall demand or
accept any fee or compensation whatsoever for administering
or taking any oath, affirmation, or acknowledgment under the
authority conferred by this section.
In certifying any oath or in signing any instrument officially, an individual empowered to do so under this section
shall, in addition to his name, state in writing his place of residence, the date of his action, and affix the seal of the institution where he is employed: PROVIDED, That in certifying
any oath to be used in any of the courts of this state, it shall
not be necessary to append an impression of the official seal
of the institution. [1972 ex.s. c 58 § 1.]
64.08.100
64.08.100 Acknowledgments by persons unable to
sign name. Any person who is otherwise competent but is
physically unable to sign his or her name or make a mark may
make an acknowledgment authorized under this chapter by
orally directing the notary public or other authorized officer
taking the acknowledgment to sign the person’s name on his
[Title 64 RCW—page 11]
Chapter 64.12
Title 64 RCW: Real Property and Conveyances
or her behalf. In taking an acknowledgment under this section, the notary public or other authorized officer shall, in
addition to stating his or her name and place of residence,
state that the signature in the acknowledgment was obtained
under the authority of this section. [1987 c 76 § 2.]
Chapter 64.12
Chapter 64.12 RCW
WASTE AND TRESPASS
Sections
64.12.010
64.12.020
64.12.030
64.12.035
64.12.040
64.12.045
64.12.050
64.12.060
person’s house, village, town or city lot, or cultivated
grounds, or on the commons or public grounds of any village,
town or city, or on the street or highway in front thereof,
without lawful authority, in an action by such person, village,
town or city against the person committing such trespasses or
any of them, if judgment be given for the plaintiff, it shall be
given for treble the amount of damages claimed or assessed
therefor, as the case may be. [Code 1881 § 602; 1877 p 125
§ 607; 1869 p 143 § 556; RRS § 939.]
Trespass, public lands: Chapter 79.02 RCW.
Waste actionable.
Waste by guardian or tenant, action for.
Injury to or removing trees, etc.—Damages.
Cutting or removing vegetation—Electric utility—Liability—
Definitions.
Mitigating circumstances—Damages.
Cutting, breaking, removing Christmas trees from state
lands—Compensation.
Injunction to prevent waste on public land.
Action by occupant of unsurveyed land.
Actions to be commenced where subject is situated: RCW 4.12.010.
Damages for waste after injunction issued: RCW 7.40.200.
Injunctions, generally: Chapter 7.40 RCW.
Trespass
animals: Title 16 RCW.
criminal: Chapter 9A.52 RCW.
public lands: Chapter 79.02 RCW.
theft: Chapter 9A.56 RCW.
waste, executor or administrator may sue: RCW 11.48.010.
Waste
option contracts and coal leases on state lands: RCW 79.14.580.
restraining during redemption period: RCW 6.23.100.
trespass on state lands: Chapter 79.02 RCW.
64.12.010 Waste actionable. Wrongs heretofore remediable by action of waste shall be subjects of actions as other
wrongs. [Code 1881 § 600; 1877 p 125 § 605; 1869 p 143 §
554; 1854 p 206 § 403; RRS § 937.]
64.12.010
64.12.020 Waste by guardian or tenant, action for. If
a guardian, tenant in severalty or in common, for life or for
years, or by sufferance, or at will, or a subtenant, of real property commit waste thereon, any person injured thereby may
maintain an action at law for damages therefor against such
guardian or tenant or subtenant; in which action, if the plaintiff prevails, there shall be judgment for treble damages, or
for fifty dollars, whichever is greater, and the court, in addition may decree forfeiture of the estate of the party committing or permitting the waste, and of eviction from the property. The judgment, in any event, shall include as part of the
costs of the prevailing party, a reasonable attorney’s fee to be
fixed by the court. But judgment of forfeiture and eviction
shall only be given in favor of the person entitled to the reversion against the tenant in possession, when the injury to the
estate in reversion is determined in the action to be equal to
the value of the tenant’s estate or unexpired term, or to have
been done or suffered in malice. [1943 c 22 § 1; Code 1881
§ 601; 1877 p 125 § 606; 1869 p 143 § 555; 1854 p 206 § 403;
Rem. Supp. 1943 § 938.]
64.12.020
64.12.030 Injury to or removing trees, etc.—Damages. Whenever any person shall cut down, girdle or otherwise injure, or carry off any tree, timber or shrub on the land
of another person, or on the street or highway in front of any
64.12.030
[Title 64 RCW—page 12]
64.12.035
64.12.035 Cutting or removing vegetation—Electric
utility—Liability—Definitions. (1) An electric utility is
immune from liability under RCW 64.12.030, 64.12.040, and
4.24.630 and any claims for general or special damages,
including claims of emotional distress, for cutting or removing vegetation located on or originating from land or property
adjacent to electric facilities that:
(a) Has come in contact with or caused damage to electric facilities;
(b) Poses an imminent hazard to the general public
health, safety, or welfare and the electric utility provides
notice and makes a reasonable effort to obtain an agreement
from the resident or property owner present on the property to
trim or remove such hazard. For purposes of this subsection
(1)(b), notice may be provided by posting a notice or flier in
a conspicuous location on the affected property that gives a
good faith estimate of the time frame in which the electric
utility’s trimming or removal work must occur, specifies how
the electric utility may be contacted, and explains the responsibility of the resident or property owner to respond pursuant
to the requirements of the notice. An electric utility may act
without agreement if the resident or property owner fails to
respond pursuant to the requirements of the notice. No notice
or agreement is necessary if the electric utility’s action is necessary to protect life, property, or restore electric service; or
(c) Poses a potential threat to damage electric facilities
and the electric utility attempts written notice by mail to the
last known address of record indicating the intent to act or
remove vegetation and secures agreement from the affected
property owner of record for the cutting, removing, and disposition of the vegetation. Such notice shall include a brief
statement of the need and nature of the work intended that
will impact the owner’s property or vegetation, a good faith
estimate of the time frame in which such work will occur, and
how the utility can be contacted regarding the cutting or
removal of vegetation. If the affected property owner fails to
respond to a notice from the electric utility within two weeks
of the date the electric utility provided notice, the electric
utility may secure agreement from a resident of the affected
property for the cutting, removing, and disposition of vegetation.
(2)(a) A hazard to the general public health, safety, or
welfare is deemed to exist when:
(i) Vegetation has encroached upon electric facilities by
overhanging or growing in such close proximity to overhead
electric facilities that it constitutes an electrical hazard under
applicable electrical construction codes or state and federal
health and safety regulations governing persons who are
employed or retained by, or on behalf of, an electric utility to
(2006 Ed.)
Alien Land Law
construct, maintain, inspect, and repair electric facilities or to
trim or remove vegetation; or
(ii) Vegetation is visibly diseased, dead, or dying and has
been determined by a qualified forester or certified arborist
employed or retained by, or on behalf of, an electric utility to
be of such proximity to electric facilities that trimming or
removal of the vegetation is necessary to avoid contact
between the vegetation and electric facilities.
(b) The factors to be considered in determining the
extent of trimming required to remove a hazard to the general
public health, safety, or welfare may include normal tree
growth, the combined movement of trees and conductors
under adverse weather conditions, voltage, and sagging of
conductors at elevated temperatures.
(3) A potential threat to damage electric facilities exists
when vegetation is of such size, condition, and proximity to
electric facilities that it can be reasonably expected to cause
damage to electric facilities and, based upon this standard,
the vegetation has been determined to pose a potential threat
by a qualified forester or certified arborist employed or
retained by or on behalf of an electric utility.
(4) For the purposes of this section:
(a) "Electric facilities" means lines, conduits, ducts,
poles, wires, pipes, conductors, cables, cross-arms, receivers,
transmitters, transformers, instruments, machines, appliances, instrumentalities, and all devices and apparatus used,
operated, owned, or controlled by an electric utility, for the
purposes of manufacturing, transforming, transmitting, distributing, selling, or furnishing electricity.
(b) "Electric utility" means an electrical company, as
defined under RCW 80.04.010, a municipal electric utility
formed under Title 35 RCW, a public utility district formed
under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86
RCW, and a mutual corporation or association formed under
chapter 24.06 RCW, that is engaged in the business of distributing electricity in the state.
(c) "Vegetation" means trees, timber, or shrubs. [1999 c
248 § 1.]
Severability—1999 c 248: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1999 c 248 § 3.]
64.12.040
64.12.040 Mitigating circumstances—Damages. If
upon trial of such action it shall appear that the trespass was
casual or involuntary, or that the defendant had probable
cause to believe that the land on which such trespass was
committed was his own, or that of the person in whose service or by whose direction the act was done, or that such tree
or timber was taken from uninclosed woodlands, for the purpose of repairing any public highway or bridge upon the land
or adjoining it, judgment shall only be given for single damages. [Code 1881 § 603; 1877 p 125 § 608; 1869 p 143 § 557;
RRS § 940.]
64.12.045
64.12.045 Cutting, breaking, removing Christmas
trees from state lands—Compensation. See RCW
79.02.340.
(2006 Ed.)
64.16.005
64.12.050
64.12.050 Injunction to prevent waste on public land.
When any two or more persons are opposing claimants under
the laws of the United States to any land in this state, and one
is threatening to commit upon such land waste which tends
materially to lessen the value of the inheritance and which
cannot be compensated by damages and there is imminent
danger that unless restrained such waste will be committed,
the party, on filing his complaint and satisfying the court or
judge of the existence of the facts, may have an injunction to
restrain the adverse party. In all cases he shall give notice and
bond as is provided in other cases where injunction is
granted, and the injunction when granted shall be set aside or
modified as is provided generally for injunction and restraining orders. [Code 1881 § 604; 1877 p 125 § 609; 1869 p 144
§ 558; 1854 p 206 § 404; RRS § 941.]
Injunction, generally: Chapter 7.40 RCW.
64.12.060
64.12.060 Action by occupant of unsurveyed land.
Any person now occupying and settled upon, or who may
hereafter occupy or settle upon any of the unsurveyed public
lands not to exceed one hundred sixty acres in this territory,
for the purpose of holding and cultivating the same, may
commence and maintain any action, in any court of competent jurisdiction, for interference with or injuries done to his
or her possessions of said lands, against any person or persons so interfering with or injuring such lands or possessions:
PROVIDED, ALWAYS, That if any of the aforesaid class of
settlers are absent from their claims continuously, for a
period of six months in any one year, the said person or persons shall be deemed to have forfeited all rights under this
act. [1883 p 70 § 1; RRS § 942.]
Reviser’s note: The preamble and sections 2 and 3 of the 1883 act, section 1 of which is codified above as RCW 64.12.060, read as follows:
Preamble: "WHEREAS, A great many citizens of the United States are
now settling upon and cultivating the unsurveyed government lands in this
territory; and, as many years may elapse before the government surveys will
be extended over the said lands, so that the settlers upon the same, can take
them under the laws of the United States, and defend them against the trespass of others, therefore:"
"Sec. 2. Any person or persons, who shall wilfully and maliciously disturb, or in any wise injure, or destroy the dwelling house or other building, or
any fence inclosing, or being on the claim of any of the aforesaid class of settlers, shall be deemed guilty of a misdemeanor, and upon conviction thereof,
shall be fined not less than fifty nor more than one hundred ($100) dollars,
for each and every offense, to which may be added imprisonment in the
county jail, not exceeding ninety (90) days." [1883 p 71 § 2.]
"Sec. 3. Any person or persons, who shall wilfully or maliciously set
fire to any dwelling, or other building, of any of the aforesaid class of settlers, shall be deemed guilty of arson, and subject to the penalties of the law
in such cases, made and provided." [1883 p 71 § 3.]
Chapter 64.16
Chapter 64.16 RCW
ALIEN LAND LAW
Sections
64.16.005
64.16.140
Aliens’ rights and interests in lands same as native citizens’.
Certain titles confirmed.
64.16.005
64.16.005 Aliens’ rights and interests in lands same
as native citizens’. Any alien may acquire and hold lands, or
any right thereto, or interest therein, by purchase, devise or
descent; and he may convey, mortgage and devise the same,
and if he shall die intestate, the same shall descend to his
heirs, and in all cases such lands shall be held, conveyed,
[Title 64 RCW—page 13]
64.16.140
Title 64 RCW: Real Property and Conveyances
mortgaged or devised, or shall descend in like manner and
with like effect as if such alien were a native citizen of this
state or of the United States. [1967 c 163 § 2.]
1967 c 163 adopted to implement Amendment 42: "This act is
adopted by the legislature to implement amendment 42 to the state Constitution approved by the voters of the state on November 8, 1966. Amendment
42 removed constitutional restrictions against alien ownership of land by
repealing Article II, section 33 of the state Constitution, as amended and
Amendments 24 and 29." [1967 c 163 § 1.]
Severability—1967 c 163: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1967 c 163 § 9.]
The above two annotations apply to 1967 c 163. For codification of that
act, see Codification Tables, Volume 0.
64.16.140 Certain titles confirmed. All lands and all
estates or interests in lands, within the state of Washington,
which were conveyed or attempted to be conveyed to, or
acquired or attempted to be acquired by, any alien or aliens,
prior to the date of the adoption of this act, are hereby confirmed to the respective persons at present owning or claiming to own the title thereto derived by, through or under any
such alien ownership or attempted ownership, to the extent
that title was vested in or conveyed by said alien or aliens:
PROVIDED, That nothing in this section shall be construed
to affect, adversely or otherwise, any title to any such lands,
or to any interest or estate therein, held or claimed by any private person or corporation adversely to the title hereby confirmed. [1967 c 163 § 3; 1895 c 111 § 1; RRS § 10589.]
64.16.140
Reviser’s note: 1967 c 163 carried an emergency clause and was
approved by the governor on March 21, 1967.
Chapter 64.20
Chapter 64.20 RCW
ALIENATION OF LAND BY INDIANS
Sections
64.20.010
64.20.025
64.20.030
Puyallup Indians—Right of alienation.
Puyallup Indians—Right of alienation—When effective.
Sale of land or materials authorized.
shall not be aliened or leased for a longer term than two years, and shall be
exempt from levy, sale or forfeiture, which conditions shall continue in force
until a state constitution embracing such lands within it boundaries shall
have been formed, and the legislature of the state shall remove the restrictions, but providing that no state legislature shall remove the restrictions* *
* without the consent of the Congress;’ and
’WHEREAS, The President of the United States, on the 30th day of
January, 1866, made and issued patents to the Puyallup Indians, in severalty,
for the lands of said reservation, which are now of record in the proper office
in Pierce county, in the State of Washington; and
’WHEREAS, All the conditions now exist which said treaties contain,
and which make it desirable and proper to remove the restrictions in respect
to the alienation and disposition of said lands by the Indians, who now hold
them in severalty: now, therefore,"
64.20.025
64.20.025 Puyallup Indians—Right of alienation—
When effective. *This act shall take effect and be in force
from and after the consent to such removal of the restrictions
shall have been given by the congress of the United States.
[1890 p 501 § 3; no RRS.]
Reviser’s note: *(1) The language "this act" appears in 1890 p 501 § 3,
which act is codified herein as RCW 64.20.010 through 64.20.025.
(2) An act of congress of March 3, 1893, removed the restriction on
transfer (Wilson Act, 27 Stat. p 633) but postponed the right to transfer for
ten years, that is, until March 3, 1903.
64.20.030
64.20.030 Sale of land or materials authorized. Any
Indian who owns within this state any land or real estate allotted to him by the government of the United States may with
the consent of congress, either special or general, sell and
convey by deed made, executed and acknowledged before
any officer authorized to take acknowledgments to deeds
within this state, any stone, mineral, petroleum or timber contained on said land or the fee thereof and such conveyance
shall have the same effect as a deed of any other person or
persons within this state; it being the intention of this section
to remove from Indians residing in this state all existing disabilities relating to alienation of their real estate. [1899 c 96
§ 1; RRS § 10595.]
Chapter 64.28
Indian graves and records: Chapter 27.44 RCW.
Indians and Indian lands, jurisdiction: Chapter 37.12 RCW.
Chapter 64.28 RCW
JOINT TENANCIES
Sections
64.20.010 Puyallup Indians—Right of alienation.
The said Indians who now hold, or who may hereafter hold,
any of the lands of any reservation, in severalty, located in
this state by virtue of treaties made between them and the
United States, shall have power to lease, incumber, grant and
alien the same in like manner and with like effect as any other
person may do under the laws of the United States and of this
state, and all restrictions in reference thereto are hereby
removed. [1890 p 500 § 1; RRS § 10593.]
64.20.010
Preamble: "WHEREAS, It was and is provided by and in the treaty
made with and between the chiefs, head men and delegates of the Indian
tribes (including the Puyallup tribe) and the United States of America, which
treaty is dated on the 26th day of December, 1854, among other things as follows: ’That the president, at his discretion, should cause the whole or any
portion of the lands thereby reserved, or such land as might be selected in
lieu thereof, to be surveyed into lots and assign the same to such individuals
or families as are willing to avail themselves of the privilege and will locate
on the same as a permanent home, on the same terms, and subject to the same
regulations as are provided in the sixth article of the treaty with the Omahas,
so far as the same may be applicable; and
’WHEREAS, It was and is provided by and in the sixth article of the
treaty with the Omahas aforesaid, among other things, that said tracts of land
[Title 64 RCW—page 14]
64.28.010
64.28.020
64.28.030
64.28.040
Joint tenancies with right of survivorship authorized—Methods of creation—Creditors’ rights saved.
Interest in favor of two or more is interest in common—Exceptions for joint tenancies, partnerships, trustees, etc.—Presumption of community property.
Bank deposits, choses in action, community property agreements not affected.
Character of joint tenancy interests held by husband and wife.
64.28.010
64.28.010 Joint tenancies with right of survivorship
authorized—Methods of creation—Creditors’ rights
saved. Whereas joint tenancy with right of survivorship permits property to pass to the survivor without the cost or delay
of probate proceedings, there shall be a form of co-ownership
of property, real and personal, known as joint tenancy. A
joint tenancy shall have the incidents of survivorship and severability as at common law, including the unilateral right of
each tenant to sever the joint tenancy. Joint tenancy shall be
created only by written instrument, which instrument shall
expressly declare the interest created to be a joint tenancy. It
may be created by a single agreement, transfer, deed, will, or
(2006 Ed.)
Horizontal Property Regimes Act (Condominiums)
other instrument of conveyance, or by agreement, transfer,
deed or other instrument from a sole owner to himself and
others, or from tenants in common or joint tenants to themselves or some of them, or to themselves or any of them and
others, or from husband and wife, when holding title as community property, or otherwise, to themselves or to themselves
and others, or to one of them and to another or others, or
when granted or devised to executors or trustees as joint tenants: PROVIDED, That such transfer shall not derogate from
the rights of creditors. [1993 c 19 § 1; 1963 ex.s. c 16 § 1;
1961 c 2 § 1 (Initiative Measure No. 208, approved November 8, 1960).]
64.28.020
64.28.020 Interest in favor of two or more is interest
in common—Exceptions for joint tenancies, partnerships,
trustees, etc.—Presumption of community property. (1)
Every interest created in favor of two or more persons in their
own right is an interest in common, unless acquired by them
in partnership, for partnership purposes, or unless declared in
its creation to be a joint tenancy, as provided in RCW
64.28.010, or unless acquired by executors or trustees.
(2) Interests in common held in the names of a husband
and wife, whether or not in conjunction with others, are presumed to be their community property.
(3) Subsection (2) of this section applies as of June 9,
1988, to all existing or subsequently created interests in common. [1988 c 29 § 10; 1961 c 2 § 2 (Initiative Measure No.
208, approved November 8, 1960).]
64.28.030
64.28.030 Bank deposits, choses in action, community property agreements not affected. The provisions of
this chapter shall not restrict the creation of a joint tenancy in
a bank deposit or in other choses in action as heretofore or
hereafter provided by law, nor restrict the power of husband
and wife to make agreements as provided in RCW 26.16.120.
[1961 c 2 § 3 (Initiative Measure No. 208, approved November 8, 1960).]
64.28.040
64.28.040 Character of joint tenancy interests held
by husband and wife. (1) Joint tenancy interests held in the
names of a husband and wife, whether or not in conjunction
with others, are presumed to be their community property,
the same as other property held in the name of both husband
and wife. Any such interest passes to the survivor of the husband and wife as provided for property held in joint tenancy,
but in all other respects the interest is treated as community
property.
(2) Either husband or wife, or both, may sever a joint tenancy. When a joint tenancy is severed, the property, or proceeds of the property, shall be presumed to be their community property, whether it is held in the name of the husband or
wife, or both.
(3) This section applies as of January 1, 1985, to all
existing or subsequently created joint tenancies. [1993 c 19 §
2; 1985 c 10 § 2. Prior: 1984 c 149 § 174.]
Purpose—1985 c 10: "The purpose of this act is to make technical corrections to chapter 149, Laws of 1984, and to ensure that the changes made
in that chapter meet the constitutional requirements of Article II, section 19
of the state Constitution." [1985 c 10 § 1.]
Severability—1985 c 10: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
(2006 Ed.)
64.32.010
application of the provision to other persons or circumstances is not
affected." [1985 c 10 § 3.]
Short title—Application—1985 c 30: See RCW 11.02.900 and
11.02.901.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
Chapter 64.32 RCW
HORIZONTAL PROPERTY REGIMES ACT
(CONDOMINIUMS)
Chapter 64.32
Sections
64.32.010
64.32.020
64.32.030
64.32.040
64.32.050
64.32.060
64.32.070
64.32.080
64.32.090
64.32.100
64.32.110
64.32.120
64.32.130
64.32.140
64.32.150
64.32.160
64.32.170
64.32.180
64.32.190
64.32.200
64.32.210
64.32.220
64.32.230
64.32.240
64.32.250
64.32.900
64.32.910
64.32.920
Definitions.
Application of chapter.
Apartments and common areas declared real property.
Ownership and possession of apartments and common areas.
Common areas and facilities.
Compliance with covenants, bylaws and administrative rules
and regulations.
Liens or encumbrances—Enforcement—Satisfaction.
Common profits and expenses.
Contents of declaration.
Copy of survey map, building plans to be filed—Contents of
plans.
Ordinances, resolutions, or zoning laws—Construction.
Contents of deeds or other conveyances of apartments.
Mortgages, liens or encumbrances affecting an apartment at
time of first conveyance.
Recording.
Removal of property from provisions of chapter.
Removal of property from provisions of chapter—No bar to
subsequent resubmission.
Records and books—Availability for examination—Audits.
Exemption from liability for contribution for common
expenses prohibited.
Separate assessments and taxation.
Assessments for common expenses—Enforcement of collection—Liens and foreclosures—Liability of mortgagee or
purchaser.
Conveyance—Liability of grantor and grantee for unpaid common expenses.
Insurance.
Destruction or damage to all or part of property—Disposition.
Actions.
Application of chapter, declaration and bylaws.
Short title.
Construction of term "this chapter."
Severability—1963 c 156.
Condominiums created after July 1, 1990: Chapter 64.34 RCW.
Conversion of apartments into condominiums, notice required: RCW
59.18.200.
Mutual savings banks, powers as to condominiums: RCW 32.04.025.
64.32.010 Definitions. As used in this chapter unless
the context otherwise requires:
(1) "Apartment" means a part of the property intended
for any type of independent use, including one or more rooms
or spaces located on one or more floors (or part or parts
thereof) in a building, or if not in a building, a separately
delineated place of storage or moorage of a boat, plane, or
motor vehicle, regardless of whether it is destined for a residence, an office, storage or moorage of a boat, plane, or
motor vehicle, the operation of any industry or business, or
for any other use not prohibited by law, and which has a
direct exit to a public street or highway, or to a common area
leading to such street or highway. The boundaries of an apartment located in a building are the interior surfaces of the
perimeter walls, floors, ceilings, windows and doors thereof,
and the apartment includes both the portions of the building
so described and the air space so encompassed. If the apartment is a separately delineated place of storage or moorage of
64.32.010
[Title 64 RCW—page 15]
64.32.020
Title 64 RCW: Real Property and Conveyances
a boat, plane, or motor vehicle the boundaries are those specified in the declaration. In interpreting declarations, deeds,
and plans, the existing physical boundaries of the apartment
as originally constructed or as reconstructed in substantial
accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes
and bounds expressed or depicted in the declaration, deed or
plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries
shown in the declaration, deed, or plan and those of apartments in the building.
(2) "Apartment owner" means the person or persons
owning an apartment, as herein defined, in fee simple absolute or qualified, by way of leasehold or by way of a periodic
estate, or in any other manner in which real property may be
owned, leased or possessed in this state, together with an
undivided interest in a like estate of the common areas and
facilities in the percentage specified and established in the
declaration as duly recorded or as it may be lawfully
amended.
(3) "Apartment number" means the number, letter, or
combination thereof, designating the apartment in the declaration as duly recorded or as it may be lawfully amended.
(4) "Association of apartment owners" means all of the
apartment owners acting as a group in accordance with the
bylaws and with the declaration as it is duly recorded or as
they may be lawfully amended.
(5) "Building" means a building, containing two or more
apartments, or two or more buildings each containing one or
more apartments, and comprising a part of the property.
(6) "Common areas and facilities", unless otherwise provided in the declaration as duly recorded or as it may be lawfully amended, includes:
(a) The land on which the building is located;
(b) The foundations, columns, girders, beams, supports,
main walls, roofs, halls, corridors, lobbys, stairs, stairways,
fire escapes, and entrances and exits of the building;
(c) The basements, yards, gardens, parking areas and
storage spaces;
(d) The premises for the lodging of janitors or persons in
charge of the property;
(e) The installations of central services such as power,
light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating;
(f) The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;
(g) Such community and commercial facilities as may be
provided for in the declaration as duly recorded or as it may
be lawfully amended;
(h) All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in
common use.
(7) "Common expenses" include:
(a) All sums lawfully assessed against the apartment
owners by the association of apartment owners;
(b) Expenses of administration, maintenance, repair, or
replacement of the common areas and facilities;
(c) Expenses agreed upon as common expenses by the
association of apartment owners;
[Title 64 RCW—page 16]
(d) Expenses declared common expenses by the provisions of this chapter, or by the declaration as it is duly
recorded, or by the bylaws, or as they may be lawfully
amended.
(8) "Common profits" means the balance of all income,
rents, profits and revenues from the common areas and facilities remaining after the deduction of the common expenses.
(9) "Declaration" means the instrument by which the
property is submitted to provisions of this chapter, as hereinafter provided, and as it may be, from time to time, lawfully
amended.
(10) "Land" means the material of the earth, whatever
may be the ingredients of which it is composed, whether soil,
rock, or other substance, whether or not submerged, and
includes free or occupied space for an indefinite distance
upwards as well as downwards, subject to limitations upon
the use of airspace imposed, and rights in the use of the airspace granted, by the laws of this state or of the United States.
(11) "Limited common areas and facilities" includes
those common areas and facilities designated in the declaration, as it is duly recorded or as it may be lawfully amended,
as reserved for use of certain apartment or apartments to the
exclusion of the other apartments.
(12) "Majority" or "majority of apartment owners"
means the apartment owners with fifty-one percent or more
of the votes in accordance with the percentages assigned in
the declaration, as duly recorded or as it may be lawfully
amended, to the apartments for voting purposes.
(13) "Person" includes any individual, corporation, partnership, association, trustee, or other legal entity.
(14) "Property" means the land, the building, all
improvements and structures thereon, all owned in fee simple
absolute or qualified, by way of leasehold or by way of a periodic estate, or in any other manner in which real property
may be owned, leased or possessed in this state, and all easements, rights and appurtenances belonging thereto, none of
which shall be considered as a security or security interest,
and all articles of personalty intended for use in connection
therewith, which have been or are intended to be submitted to
the provisions of this chapter. [1987 c 383 § 1; 1981 c 304 §
34; 1965 ex.s. c 11 § 1; 1963 c 156 § 1.]
Applicability of RCW 64.32.010(1) to houseboat moorages: "The
provisions of section 34 (1) shall not apply to moorages for houseboats without the approval of the local municipality." [1981 c 304 § 35.]
Severability—1981 c 304: See note following RCW 26.16.030.
64.32.020 Application of chapter. This chapter shall
be applicable only to property, the sole owner or all of the
owners, lessees or possessors of which submit the same to the
provisions hereof by duly executing and recording a declaration as hereinafter provided. [1963 c 156 § 2.]
64.32.020
64.32.030 Apartments and common areas declared
real property. Each apartment, together with its undivided
interest in the common areas and facilities shall not be considered as an intangible or a security or any interest therein
but shall for all purposes constitute and be classified as real
property. [1963 c 156 § 3.]
64.32.030
64.32.040 Ownership and possession of apartments
and common areas. Each apartment owner shall be entitled
64.32.040
(2006 Ed.)
Horizontal Property Regimes Act (Condominiums)
to the exclusive ownership and possession of his apartment
but any apartment may be jointly or commonly owned by
more than one person. Each apartment owner shall have the
common right to a share, with other apartment owners, in the
common areas and facilities. [1963 c 156 § 4.]
64.32.050
64.32.050 Common areas and facilities. (1) Each
apartment owner shall be entitled to an undivided interest in
the common areas and facilities in the percentage expressed
in the declaration. Such percentage shall be computed by taking as a basis the value of the apartment in relation to the
value of the property.
(2) The percentage of the undivided interest of each
apartment owner in the common areas and facilities as
expressed in the declaration shall not be altered except in
accordance with procedures set forth in the bylaws and by
amending the declaration. The percentage of the undivided
interest in the common areas and facilities shall not be separated from the apartment to which it appertains even though
such interest is not expressly mentioned or described in the
conveyance or other instrument. Nothing in this section or
this chapter shall be construed to detract from or limit the
powers and duties of any assessing or taxing unit or official
which is otherwise granted or imposed by law, rule, or regulation.
(3) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring
any action for partition or division of any part thereof, unless
the property has been removed from the provisions of this
chapter as provided in RCW 64.32.150 and 64.32.230. Any
covenant to the contrary shall be void. Nothing in this chapter
shall be construed as a limitation on the right of partition by
joint owners or owners in common of one or more apartments
as to the ownership of such apartment or apartments.
(4) Each apartment owner shall have a nonexclusive
easement for, and may use the common areas and facilities in
accordance with the purpose for which they were intended
without hindering or encroaching upon the lawful right of the
other apartment owners.
(5) The necessary work of maintenance, repair and
replacement of the common areas and facilities and the making of any addition or improvement thereto shall be carried
out only as provided in this chapter and in the bylaws.
(6) The association of apartment owners shall have the
irrevocable right, to be exercised by the manager or board of
directors, to have access to each apartment from time to time
during reasonable hours as may be necessary for the maintenance, repair, or replacement of any of the common areas and
facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the
common areas and facilities or to another apartment or apartments. [1965 ex.s. c 11 § 2; 1963 c 156 § 5.]
64.32.090
comply with any of the foregoing shall be ground for an
action to recover sums due, for damages or injunctive relief,
or both, maintainable by the manager or board of directors on
behalf of the association of apartment owners or by a particularly aggrieved apartment owner. [1963 c 156 § 6.]
64.32.070
64.32.070 Liens or encumbrances—Enforcement—
Satisfaction. (1) Subsequent to recording the declaration as
provided in this chapter, and while the property remains subject to this chapter, no lien shall thereafter arise or be effective against the property. During such period, liens or encumbrances shall arise or be created only against each apartment
and the percentage of undivided interest in the common areas
and facilities and appurtenant to such apartment in the same
manner and under the same conditions in every respect as
liens or encumbrances may arise or be created upon or
against any other separate parcel of real property subject to
individual ownership: PROVIDED, That no labor performed
or materials furnished with the consent of or at the request of
the owner of any apartment, or such owner’s agent, contractor, or subcontractor, shall be the basis for the filing of a lien
against any other apartment or any other property of any
other apartment owner not expressly consenting to or
requesting the same, except that such express consent shall be
deemed to be given by any apartment owner in the case of
emergency repairs. Labor performed or materials furnished
for the common areas and facilities, if authorized by the association of apartment owners, the manager or board of directors shall be deemed to be performed or furnished with the
express consent of each apartment owner and shall be the
basis for the filing of a lien against each of the apartments and
shall be subject to the provisions of subsection (2) of this section.
(2) In the event a lien against two or more apartments
becomes effective, the apartment owners of the separate
apartments may remove their apartment and the percentage
of undivided interest in the common areas and facilities
appurtenant to such apartment from the lien by payment of
the fractional or proportional amounts attributable to each of
the apartments affected. Such individual payments shall be
computed by reference to the percentages appearing on the
declaration. Subsequent to any such payment, discharge, or
satisfaction, the apartment and the percentage of undivided
interest in the common areas and facilities appurtenant
thereto shall thereafter be free and clear of the liens so paid,
satisfied, or discharged. Such partial payment, satisfaction, or
discharge shall not prevent the lienor from proceeding to
enforce his rights against any apartment and the percentage of
undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied, or discharged. [1963 c
156 § 7.]
64.32.080
64.32.060
64.32.060 Compliance with covenants, bylaws and
administrative rules and regulations. Each apartment
owner shall comply strictly with the bylaws and with the
administrative rules and regulations adopted pursuant
thereto, as either may be lawfully amended from time to time,
and with the covenants, conditions and restrictions set forth
in the declaration or in the deed to his apartment. Failure to
(2006 Ed.)
64.32.080 Common profits and expenses. The common profits of the property shall be distributed among, and
the common expenses shall be charged to, the apartment
owners according to the percentage of the undivided interest
in the common areas and facilities. [1963 c 156 § 8.]
64.32.090
64.32.090 Contents of declaration. The declaration
shall contain the following:
[Title 64 RCW—page 17]
64.32.100
Title 64 RCW: Real Property and Conveyances
(1) A description of the land on which the building and
improvement are or are to be located;
(2) A description of the building, stating the number of
stories and basements, the number of apartments and the
principal materials of which it is or is to be constructed;
(3) The apartment number of each apartment, and a statement of its location, approximate area, number of rooms, and
immediate common area to which it has access, and any other
data necessary for its proper identification;
(4) A description of the common areas and facilities;
(5) A description of the limited common areas and facilities, if any, stating to which apartments their use is reserved;
(6) The value of the property and of each apartment, and
the percentage of undivided interest in the common areas and
facilities appertaining to each apartment and its owner for all
purposes, including voting;
(7) A statement of the purposes for which the building
and each of the apartments are intended and restricted as to
use;
(8) The name of a person to receive service of process in
the cases provided for in this chapter, together with a residence or place of business of such person which shall be
within the county in which the building is located;
(9) A provision as to the percentage of votes by the apartment owners which shall be determinative of whether to
rebuild, repair, restore, or sell the property in event of damage or destruction of all or part of the property;
(10) A provision authorizing and establishing procedures
for the subdividing and/or combining of any apartment or
apartments, common areas and facilities or limited common
areas and facilities, which procedures may provide for the
accomplishment thereof through means of a metes and
bounds description;
(11) A provision requiring the adoption of bylaws for the
administration of the property or for other purposes not
inconsistent with this chapter, which may include whether
administration of the property shall be by a board of directors
elected from among the apartment owners, by a manager, or
managing agent, or otherwise, and the procedures for the
adoption thereof and amendments thereto;
(12) Any further details in connection with the property
which the person executing the declaration may deem desirable to set forth consistent with this chapter; and
(13) The method by which the declaration may be
amended, consistent with this chapter: PROVIDED, That not
less than sixty percent of the apartment owners shall consent
to any amendment except that any amendment altering the
value of the property and of each apartment and the percentage of undivided interest in the common areas and facilities
shall require the unanimous consent of the apartment owners.
[1963 c 156 § 9.]
64.32.100 Copy of survey map, building plans to be
filed—Contents of plans. Simultaneously with the recording of the declaration there shall be filed in the office of the
county auditor of the county in which the property is located
a survey map of the surface of the land submitted to the provisions of this chapter showing the location or proposed location of the building or buildings thereon.
There also shall be filed simultaneously, a set of plans of
the building or buildings showing as to each apartment:
64.32.100
[Title 64 RCW—page 18]
(1) The vertical and horizontal boundaries, as defined in
RCW 64.32.010(1), in sufficient detail to identify and locate
such boundaries relative to the survey map of the surface of
the land by the use of standard survey methods;
(2) The number of the apartment and its dimensions;
(3) The approximate square footage of each unit;
(4) The number of bathrooms, whole or partial;
(5) The number of rooms to be used primarily as bedrooms;
(6) The number of built-in fireplaces;
(7) A statement of any scenic view which might affect
the value of the apartment; and
(8) The initial value of the apartment relative to the other
apartments in the building.
The set of plans shall bear the verified statement of a registered architect, registered professional engineer, or registered land surveyor certifying that the plans accurately depict
the location and dimensions of the apartments as built.
If such plans do not include such verified statement there
shall be recorded prior to the first conveyance of any apartment an amendment to the declaration to which shall be
attached a verified statement of a registered architect, registered professional engineer, or registered land surveyor, certifying that the plans theretofore filed or being filed simultaneously with such amendment, fully and accurately depict the
apartment numbers, dimensions, and locations of the apartments as built.
Such plans shall each contain a reference to the date of
recording of the declaration and the volume, page and county
auditor’s receiving number of the recorded declaration. Correspondingly, the record of the declaration or amendment
thereof shall contain a reference to the file number of the
plans of the building affected thereby.
All plans filed shall be in such style, size, form and quality as shall be prescribed by the county auditor of the county
where filed, and a copy shall be delivered to the county assessor. [1987 c 383 § 2; 1965 ex.s. c 11 § 3; 1963 c 156 § 10.]
Fees for filing condominium surveys, maps, or plats: RCW 58.24.070.
64.32.110
64.32.110 Ordinances, resolutions, or zoning laws—
Construction. Local ordinances, resolutions, or laws relating to zoning shall be construed to treat like structures, lots,
or parcels in like manner regardless of whether the ownership
thereof is divided by sale of apartments under this chapter
rather than by lease of apartments. [1963 c 156 § 11.]
64.32.120
64.32.120 Contents of deeds or other conveyances of
apartments. Deeds or other conveyances of apartments shall
include the following:
(1) A description of the land as provided in RCW
64.32.090, or the post office address of the property, including in either case the date of recording of the declaration and
the volume and page or county auditor’s recording number of
the recorded declaration;
(2) The apartment number of the apartment in the declaration and any other data necessary for its proper identification;
(3) A statement of the use for which the apartment is
intended;
(2006 Ed.)
Horizontal Property Regimes Act (Condominiums)
(4) The percentage of undivided interest appertaining to
the apartment, the common areas and facilities and limited
common areas and facilities appertaining thereto, if any;
(5) Any further details which the grantor and grantee
may deem desirable to set forth consistent with the declaration and with this chapter. [1999 c 233 § 9; 1965 ex.s. c 11 §
4; 1963 c 156 § 12.]
Effective date—1999 c 233: See note following RCW 4.28.320.
64.32.130
64.32.130 Mortgages, liens or encumbrances affecting an apartment at time of first conveyance. At the time
of the first conveyance of each apartment, every mortgage,
lien, or other encumbrance affecting such apartment, including the percentage of undivided interest of the apartment in
the common areas and facilities, shall be paid and satisfied of
record, or the apartment being conveyed and its percentage of
undivided interest in the common areas and facilities shall be
released therefrom by partial release duly recorded. [1963 c
156 § 13.]
64.32.140
64.32.140 Recording. The declaration, any amendment
thereto, any instrument by which the property may be
removed from this chapter and every instrument affecting the
property or any apartment shall be entitled to be recorded in
the office of the auditor of the county in which the property is
located. Neither the declaration nor any amendment thereof
shall be valid unless duly recorded. [1963 c 156 § 14.]
64.32.150
64.32.150 Removal of property from provisions of
chapter. (1) All of the apartment owners may remove a
property from the provisions of this chapter by an instrument
to that effect duly recorded: PROVIDED, That the mortgagees and holders of all liens affecting any of the apartments
consent thereto or agree, in either case by instrument duly
recorded, that their mortgages and liens be transferred to the
percentage of the undivided interest of the apartment owner
in the property as hereinafter provided;
(2) Upon removal of the property from the provisions of
this chapter, the property shall be deemed to be owned in
common by the apartment owners. The undivided interest in
the property owned in common which shall appertain to each
apartment owner shall be the percentage of the undivided
interest previously owned by such owners in the common
areas and facilities. [1963 c 156 § 15.]
64.32.160
64.32.160 Removal of property from provisions of
chapter—No bar to subsequent resubmission. The
removal provided for in RCW 64.32.150 shall in no way bar
the subsequent resubmission of the property to the provisions
of this chapter. [1963 c 156 § 16.]
64.32.170
64.32.170 Records and books—Availability for
examination—Audits. The manager or board of directors,
as the case may be, shall keep complete and accurate books
and records of the receipts and expenditures affecting the
common areas and facilities, specifying and itemizing the
maintenance and repair expenses of the common areas and
facilities and any other expenses incurred. Such books and
records and the vouchers authorizing payments shall be available for examination by the apartment owners, their agents or
(2006 Ed.)
64.32.200
attorneys, at any reasonable time or times. All books and
records shall be kept in accordance with good accounting
procedures and be audited at least once a year by an auditor
outside of the organization. [1965 ex.s. c 11 § 5; 1963 c 156
§ 17.]
64.32.180
64.32.180 Exemption from liability for contribution
for common expenses prohibited. No apartment owner
may exempt himself from liability for his contribution
towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his apartment. [1963 c 156 § 18.]
64.32.190
64.32.190 Separate assessments and taxation. Each
apartment and its undivided interest in the common areas and
facilities shall be deemed to be a parcel and shall be subject
to separate assessments and taxation by each assessing unit
for all types of taxes authorized by law including but not limited to special ad valorem levies and special assessments.
Neither the building, nor the property, nor any of the common
areas and facilities shall be deemed to be a security or a parcel
for any purpose. [1963 c 156 § 19.]
64.32.200
64.32.200 Assessments for common expenses—
Enforcement of collection—Liens and foreclosures—Liability of mortgagee or purchaser. (1) The declaration may
provide for the collection of all sums assessed by the association of apartment owners for the share of the common
expenses chargeable to any apartment and the collection may
be enforced in any manner provided in the declaration including but not limited to (a) ten days notice shall be given the
delinquent apartment owner to the effect that unless such
assessment is paid within ten days any or all utility services
will be forthwith severed and shall remain severed until such
assessment is paid, or (b) collection of such assessment may
be made by such lawful method of enforcement, judicial or
extra-judicial, as may be provided in the declaration and/or
bylaws.
(2) All sums assessed by the association of apartment
owners but unpaid for the share of the common expenses
chargeable to any apartment shall constitute a lien on such
apartment prior to all other liens except only (a) tax liens on
the apartment in favor of any assessing unit and/or special
district, and (b) all sums unpaid on all mortgages of record.
Such lien is not subject to the ban against execution or forced
sales of homesteads under RCW 6.13.080 and may be foreclosed by suit by the manager or board of directors, acting on
behalf of the apartment owners, in like manner as a mortgage
of real property. In any such foreclosure the apartment owner
shall be required to pay a reasonable rental for the apartment,
if so provided in the bylaws, and the plaintiff in such foreclosures shall be entitled to the appointment of a receiver to collect the same. The manager or board of directors, acting on
behalf of the apartment owners, shall have power, unless prohibited by the declaration, to bid on the apartment at foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Upon an express waiver in the complaint of any
right to a deficiency judgment, the period of redemption shall
be eight months after the sale. Suit to recover any judgment
[Title 64 RCW—page 19]
64.32.210
Title 64 RCW: Real Property and Conveyances
for any unpaid common expenses shall be maintainable without foreclosing or waiving the liens securing the same.
(3) Where the mortgagee of a mortgage of record or
other purchaser of an apartment obtains possession of the
apartment as a result of foreclosure of the mortgage, such
possessor, his successors and assigns shall not be liable for
the share of the common expenses or assessments by the
association of apartment owners chargeable to such apartment which became due prior to such possession. Such
unpaid share of common expenses of assessments shall be
deemed to be common expenses collectible from all of the
apartment owners including such possessor, his successors
and assigns. [1988 c 192 § 2; 1965 ex.s. c 11 § 6; 1963 c 156
§ 20.]
64.32.210
64.32.210 Conveyance—Liability of grantor and
grantee for unpaid common expenses. In a voluntary conveyance the grantee of an apartment shall be jointly and severally liable with the grantor for all unpaid assessments
against the latter for his share of the common expenses up to
the time of the grantor’s conveyance, without prejudice to the
grantee’s right to recover from the grantor the amounts paid
by the grantee therefor. Any such grantee shall be entitled to
a statement from the manager or board of directors, as the
case may be, setting forth the amount of the unpaid assessments against the grantor and such grantee shall not be liable
for, nor shall the apartment conveyed be subject to a lien for,
any unpaid assessments against the grantor in excess of the
amount therein set forth. [1963 c 156 § 21.]
64.32.220
64.32.220 Insurance. The manager or board of directors, if required by the declaration, bylaws, or by a majority
of the apartment owners, or at the request of a mortgagee having a mortgage of record covering an apartment, shall obtain
insurance for the property against loss or damage by fire and
such other hazards under such terms and for such amounts as
shall be required or requested. Such insurance coverage shall
be written on the property in the name of the manager or of
the board of directors of the association of apartment owners,
as trustee for each of the apartment owners in the percentages
established in the declaration. Premiums shall be common
expenses. Provision for such insurance shall be without prejudice to the right of each apartment owner to insure his own
apartment and/or the personal contents thereof for his benefit.
[1963 c 156 § 22.]
64.32.230
64.32.230 Destruction or damage to all or part of
property—Disposition. If, within ninety days of the date of
damage or destruction to all or part of the property it is not
determined by the apartment owners to repair, reconstruct, or
rebuild in accordance with the original plan, or by a unanimous vote of all apartment owners to do otherwise, then and
in that event:
(1) The property shall be owned in common by the apartment owners;
(2) The undivided interest in the property owned in common which appertains to each apartment owner shall be the
percentage of undivided interest previously owned by such
owner in the common areas and facilities;
[Title 64 RCW—page 20]
(3) Any mortgages or liens affecting any of the apartments shall be deemed transferred in accordance with the
existing priorities to the percentage of the undivided interest
of the apartment owner in the property as provided herein;
and
(4) The property shall be subject to an action for partition
at the suit of any apartment owner, in which event the net proceeds of sale, together with the net proceeds of the insurance
of the property, if any, shall be considered as one fund; such
fund shall be divided into separate shares one for each apartment owner in a percentage equal to the percentage of undivided interest owned by each such owner in the property;
then, after first paying out of the respective share of each
apartment owner, to the extent sufficient for the purpose, all
mortgages and liens on the undivided interest in the property
owned by such apartment owner, the balance remaining in
each share shall then be distributed to each apartment owner
respectively. [1965 ex.s. c 11 § 7; 1963 c 156 § 23.]
64.32.240
64.32.240 Actions. Without limiting the rights of any
apartment owner, actions may be brought as provided by law
and by the rules of court by the manager or board of directors,
in either case in the discretion of the board of directors, on
behalf of two or more of the apartment owners, as their
respective interests may appear, with respect to any cause of
action relating to the common areas and facilities or more
than one apartment. Service of process on two or more apartment owners in any action relating to the common areas and
facilities or more than one apartment may be made on the
person designated in the declaration to receive service of process. Actions relating to the common areas and facilities for
damages arising out of tortious conduct shall be maintained
only against the association of apartment owners and any
judgment lien or other charge resulting therefrom shall be
deemed a common expense, which judgment lien or other
charge shall be removed from any apartment and its percentage of undivided interest in the common areas and facilities
upon payment by the respective owner of his proportionate
share thereof based on the percentage of undivided interest
owned by such apartment owner. [1963 c 156 § 24.]
64.32.250
64.32.250 Application of chapter, declaration and
bylaws. (1) All apartment owners, tenants of such owners,
employees of such owners and tenants, and any other person
that may in any manner use the property or any part thereof
submitted to the provisions of this chapter, shall be subject to
this chapter and to the declaration and bylaws of the association of apartment owners adopted pursuant to the provisions
of this chapter.
(2) All agreements, decisions and determinations made
by the association of apartment owners under the provisions
of this chapter, the declaration, or the bylaws and in accordance with the voting percentages established in this chapter,
the declaration, or the bylaws, shall be deemed to be binding
on all apartment owners. [1963 c 156 § 25.]
64.32.900
64.32.900 Short title. This chapter shall be known as
the horizontal property regimes act. [1963 c 156 § 26.]
(2006 Ed.)
Condominium Act
64.32.910 Construction of term "this chapter." The
term "this chapter" means RCW 64.32.010 through
64.32.250 and 64.32.900 through 64.32.920, and as they may
hereafter be amended or supplemented by subsequent legislation. [1963 c 156 § 27.]
64.32.910
64.32.920 Severability—1963 c 156. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provisions to other persons or circumstances is not affected. [1963 c 156 § 28.]
64.34.354
64.34.356
64.34.360
64.34.364
64.34.368
64.34.372
64.34.376
Chapter 64.34 RCW
CONDOMINIUM ACT
Sections
ARTICLE 1
GENERAL PROVISIONS
64.34.005
64.34.010
64.34.020
64.34.030
64.34.040
64.34.050
64.34.060
64.34.070
64.34.073
64.34.080
64.34.090
64.34.100
Findings—Intent—2004 c 201.
Applicability.
Definitions.
Variation by agreement.
Separate interests—Taxation.
Local ordinances, regulations, and building codes—Applicability.
Condemnation.
Law applicable—General principles.
Application of chapter 64.55 RCW.
Contracts—Unconscionability.
Obligation of good faith.
Remedies liberally administered.
ARTICLE 2
CREATION, ALTERATION, AND TERMINATION
OF CONDOMINIUMS
64.34.200
64.34.202
64.34.204
64.34.208
64.34.212
64.34.216
64.34.220
64.34.224
64.34.228
64.34.232
64.34.236
64.34.240
64.34.244
64.34.248
64.34.252
64.34.256
64.34.260
64.34.264
64.34.268
64.34.272
64.34.276
64.34.278
64.34.280
Creation of condominium.
Reservation of condominium name.
Unit boundaries.
Declaration and bylaws—Construction and validity.
Description of units.
Contents of declaration.
Leasehold condominiums.
Common element interests, votes, and expenses—Allocation.
Limited common elements.
Survey maps and plans.
Development rights.
Alterations of units.
Relocation of boundaries—Adjoining units.
Subdivision of units.
Monuments as boundaries.
Use by declarant.
Easement rights—Common elements.
Amendment of declaration.
Termination of condominium.
Rights of secured lenders.
Master associations.
Delegation of power to subassociations.
Merger or consolidation.
ARTICLE 3
MANAGEMENT OF CONDOMINIUM
64.34.300
64.34.304
64.34.308
64.34.312
64.34.316
64.34.320
64.34.324
64.34.328
64.34.332
64.34.336
64.34.340
64.34.344
64.34.348
64.34.352
(2006 Ed.)
Unit owners’ association—Organization.
Unit owners’ association—Powers.
Board of directors and officers.
Control of association—Transfer.
Special declarant rights—Transfer.
Contracts and leases—Declarant—Termination.
Bylaws.
Upkeep of condominium.
Meetings.
Quorums.
Voting—Proxies.
Tort and contract liability.
Common elements—Conveyance—Encumbrance.
Insurance.
Insurance—Conveyance.
Surplus funds.
Common expenses—Assessments.
Lien for assessments.
Liens—General provisions.
Association records—Funds.
Association as trustee.
ARTICLE 4
PROTECTION OF CONDOMINIUM PURCHASERS
64.32.920
Chapter 64.34
64.34.010
64.34.400
64.34.405
64.34.410
64.34.415
64.34.417
64.34.418
64.34.420
64.34.425
64.34.430
64.34.435
64.34.440
64.34.443
64.34.445
64.34.450
64.34.452
64.34.455
64.34.460
64.34.465
Applicability—Waiver.
Public offering statement—Requirements—Liability.
Public offering statement—General provisions.
Public offering statement—Conversion condominiums.
Public offering statement—Use of single disclosure document.
Public offering statement—Contract of sale—Restriction on
interest conveyed.
Purchaser’s right to cancel.
Resale of unit.
Escrow of deposits.
Release of liens—Conveyance.
Conversion condominiums—Notice—Tenants.
Express warranties of quality.
Implied warranties of quality—Breach.
Implied warranties of quality—Exclusion—Modification—
Disclaimer—Express written warranty.
Warranties of quality—Breach—Actions for construction
defect claims.
Effect of violations on rights of action—Attorney’s fees.
Labeling of promotional material.
Improvements—Declarant’s duties.
ARTICLE 5
MISCELLANEOUS
64.34.900
64.34.910
64.34.920
64.34.921
64.34.930
64.34.931
64.34.940
64.34.950
Short title.
Section captions.
Severability—1989 c 43.
Severability—2004 c 201.
Effective date—1989 c 43.
Effective date—2004 c 201 §§ 1-13.
Construction against implicit repeal.
Uniformity of application and construction.
Condominiums created prior to July 1, 1990: Chapter 64.32 RCW.
ARTICLE 1
GENERAL PROVISIONS
64.34.005
64.34.005 Findings—Intent—2004 c 201. (1) The legislature finds, declares, and determines that:
(a) Washington’s cities and counties under the growth
management act are required to encourage urban growth in
urban growth areas at densities that accommodate twentyyear growth projections;
(b) The growth management act’s planning goals include
encouraging the availability of affordable housing for all residents of the state and promoting a variety of housing types;
(c) Quality condominium construction needs to be
encouraged to achieve growth management act mandated
urban densities and to ensure that residents of the state, particularly in urban growth areas, have a broad range of ownership choices.
(2) It is the intent of the legislature that limited changes
be made to the condominium act to ensure that a broad range
of affordable homeownership opportunities continue to be
available to the residents of the state, and to assist cities’ and
counties’ efforts to achieve the density mandates of the
growth management act. [2004 c 201 § 1.]
64.34.010
64.34.010 Applicability. (1) This chapter applies to all
condominiums created within this state after July 1, 1990.
RCW 64.34.040 (separate titles and taxation), RCW
[Title 64 RCW—page 21]
64.34.020
Title 64 RCW: Real Property and Conveyances
64.34.050 (applicability of local ordinances, regulations, and
building codes), RCW 64.34.060 (condemnation), RCW
64.34.208 (construction and validity of declaration and
bylaws), RCW 64.34.212 (description of units), RCW
64.34.304(1)(a) through (f) and (k) through (r) (powers of
unit owners’ association), RCW 64.34.308(1) (board of
directors and officers), RCW 64.34.340 (voting—proxies),
RCW 64.34.344 (tort and contract liability), RCW 64.34.354
(notification on sale of unit), RCW 64.34.360(3) (common
expenses— assessments), RCW 64.34.364 (lien for assessments), RCW 64.34.372 (association records), RCW
64.34.425 (resales of units), RCW 64.34.455 (effect of violation on rights of action; attorney’s fees), and RCW 64.34.020
(definitions) to the extent necessary in construing any of
those sections, apply to all condominiums created in this state
before July 1, 1990; but those sections apply only with
respect to events and circumstances occurring after July 1,
1990, and do not invalidate or supersede existing, inconsistent provisions of the declaration, bylaws, or survey maps or
plans of those condominiums.
(2) The provisions of chapter 64.32 RCW do not apply to
condominiums created after July 1, 1990, and do not invalidate any amendment to the declaration, bylaws, and survey
maps and plans of any condominium created before July 1,
1990, if the amendment would be permitted by this chapter.
The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and
by chapter 64.32 RCW. If the amendment grants to any person any rights, powers, or privileges permitted by this chapter
which are not otherwise provided for in the declaration or
chapter 64.32 RCW, all correlative obligations, liabilities,
and restrictions in this chapter also apply to that person.
(3) This chapter does not apply to condominiums or units
located outside this state.
(4) RCW 64.34.400 (applicability—waiver), RCW
64.34.405 (liability for public offering statement requirements), RCW 64.34.410 (public offering statement—general
provisions), RCW 64.34.415 (public offering statement—
conversion condominiums), RCW 64.34.420 (purchaser’s
right to cancel), RCW 64.34.430 (escrow of deposits), RCW
64.34.440 (conversion condominiums— notice— tenants),
and RCW 64.34.455 (effect of violations on rights of
action— attorney’s fees) apply with respect to all sales of
units pursuant to purchase agreements entered into after July
1, 1990, in condominiums created before July 1, 1990, in
which as of July 1, 1990, the declarant or an affiliate of the
declarant owns or had the right to create at least ten units constituting at least twenty percent of the units in the condominium. [1993 c 429 § 12; 1992 c 220 § 1; 1989 c 43 § 1-102.]
64.34.020
64.34.020 Definitions. In the declaration and bylaws,
unless specifically provided otherwise or the context requires
otherwise, and in this chapter:
(1) "Affiliate" means any person who controls, is controlled by, or is under common control with the referenced
person. A person "controls" another person if the person: (a)
Is a general partner, officer, director, or employer of the referenced person; (b) directly or indirectly or acting in concert
with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds
proxies representing, more than twenty percent of the voting
[Title 64 RCW—page 22]
interest in the referenced person; (c) controls in any manner
the election of a majority of the directors of the referenced
person; or (d) has contributed more than twenty percent of the
capital of the referenced person. A person "is controlled by"
another person if the other person: (i) Is a general partner,
officer, director, or employer of the person; (ii) directly or
indirectly or acting in concert with one or more other persons,
or through one or more subsidiaries, owns, controls, holds
with power to vote, or holds proxies representing, more than
twenty percent of the voting interest in the person; (iii) controls in any manner the election of a majority of the directors
of the person; or (iv) has contributed more than twenty percent of the capital of the person. Control does not exist if the
powers described in this subsection are held solely as security
for an obligation and are not exercised.
(2) "Allocated interests" means the undivided interest in
the common elements, the common expense liability, and
votes in the association allocated to each unit.
(3) "Assessment" means all sums chargeable by the association against a unit including, without limitation: (a) Regular and special assessments for common expenses, charges,
and fines imposed by the association; (b) interest and late
charges on any delinquent account; and (c) costs of collection, including reasonable attorneys’ fees, incurred by the
association in connection with the collection of a delinquent
owner’s account.
(4) "Association" or "unit owners’ association" means
the unit owners’ association organized under RCW
64.34.300.
(5) "Board of directors" means the body, regardless of
name, with primary authority to manage the affairs of the
association.
(6) "Common elements" means all portions of a condominium other than the units.
(7) "Common expenses" means expenditures made by or
financial liabilities of the association, together with any allocations to reserves.
(8) "Common expense liability" means the liability for
common expenses allocated to each unit pursuant to RCW
64.34.224.
(9) "Condominium" means real property, portions of
which are designated for separate ownership and the remainder of which is designated for common ownership solely by
the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration
and a survey map and plans have been recorded pursuant to
this chapter.
(10) "Conversion condominium" means a condominium
(a) that at any time before creation of the condominium was
lawfully occupied wholly or partially by a tenant or subtenant
for residential purposes pursuant to a rental agreement, oral
or written, express or implied, for which the tenant or subtenant had not received the notice described in (b) of this subsection; or (b) that, at any time within twelve months before
the conveyance of, or acceptance of an agreement to convey,
any unit therein other than to a declarant or any affiliate of a
declarant, was lawfully occupied wholly or partially by a residential tenant of a declarant or an affiliate of a declarant and
such tenant was not notified in writing, prior to lawfully
occupying a unit or executing a rental agreement, whichever
(2006 Ed.)
Condominium Act
event first occurs, that the unit was part of a condominium
and subject to sale. "Conversion condominium" shall not
include a condominium in which, before July 1, 1990, any
unit therein had been conveyed or been made subject to an
agreement to convey to any transferee other than a declarant
or an affiliate of a declarant.
(11) "Conveyance" means any transfer of the ownership
of a unit, including a transfer by deed or by real estate contract and, with respect to a unit in a leasehold condominium,
a transfer by lease or assignment thereof, but shall not include
a transfer solely for security.
(12) "Dealer" means a person who, together with such
person’s affiliates, owns or has a right to acquire either six or
more units in a condominium or fifty percent or more of the
units in a condominium containing more than two units.
(13) "Declarant" means:
(a) Any person who executes as declarant a declaration
as defined in subsection (15) of this section; or
(b) Any person who reserves any special declarant right
in the declaration; or
(c) Any person who exercises special declarant rights or
to whom special declarant rights are transferred; or
(d) Any person who is the owner of a fee interest in the
real property which is subjected to the declaration at the time
of the recording of an instrument pursuant to RCW 64.34.316
and who directly or through one or more affiliates is materially involved in the construction, marketing, or sale of units
in the condominium created by the recording of the instrument.
(14) "Declarant control" means the right of the declarant
or persons designated by the declarant to appoint and remove
officers and members of the board of directors, or to veto or
approve a proposed action of the board or association, pursuant to RCW 64.34.308 (4) or (5).
(15) "Declaration" means the document, however
denominated, that creates a condominium by setting forth the
information required by RCW 64.34.216 and any amendments to that document.
(16) "Development rights" means any right or combination of rights reserved by a declarant in the declaration to: (a)
Add real property or improvements to a condominium; (b)
create units, common elements, or limited common elements
within real property included or added to a condominium; (c)
subdivide units or convert units into common elements; (d)
withdraw real property from a condominium; or (e) reallocate
limited common elements with respect to units that have not
been conveyed by the declarant.
(17) "Dispose" or "disposition" means a voluntary transfer or conveyance to a purchaser or lessee of any legal or
equitable interest in a unit, but does not include the transfer or
release of a security interest.
(18) "Eligible mortgagee" means the holder of a mortgage on a unit that has filed with the secretary of the association a written request that it be given copies of notices of any
action by the association that requires the consent of mortgagees.
(19) "Foreclosure" means a forfeiture or judicial or nonjudicial foreclosure of a mortgage or a deed in lieu thereof.
(20) "Identifying number" means the designation of each
unit in a condominium.
(2006 Ed.)
64.34.020
(21) "Leasehold condominium" means a condominium
in which all or a portion of the real property is subject to a
lease, the expiration or termination of which will terminate
the condominium or reduce its size.
(22) "Limited common element" means a portion of the
common elements allocated by the declaration or by operation of RCW 64.34.204 (2) or (4) for the exclusive use of one
or more but fewer than all of the units.
(23) "Master association" means an organization
described in RCW 64.34.276, whether or not it is also an
association described in RCW 64.34.300.
(24) "Mortgage" means a mortgage, deed of trust or real
estate contract.
(25) "Person" means a natural person, corporation, partnership, limited partnership, trust, governmental subdivision
or agency, or other legal entity.
(26) "Purchaser" means any person, other than a
declarant or a dealer, who by means of a disposition acquires
a legal or equitable interest in a unit other than (a) a leasehold
interest, including renewal options, of less than twenty years
at the time of creation of the unit, or (b) as security for an
obligation.
(27) "Real property" means any fee, leasehold or other
estate or interest in, over, or under land, including structures,
fixtures, and other improvements thereon and easements,
rights and interests appurtenant thereto which by custom,
usage, or law pass with a conveyance of land although not
described in the contract of sale or instrument of conveyance.
"Real property" includes parcels, with or without upper or
lower boundaries, and spaces that may be filled with air or
water.
(28) "Residential purposes" means use for dwelling or
recreational purposes, or both.
(29) "Special declarant rights" means rights reserved for
the benefit of a declarant to: (a) Complete improvements
indicated on survey maps and plans filed with the declaration
under RCW 64.34.232; (b) exercise any development right
under RCW 64.34.236; (c) maintain sales offices, management offices, signs advertising the condominium, and models
under RCW 64.34.256; (d) use easements through the common elements for the purpose of making improvements
within the condominium or within real property which may
be added to the condominium under RCW 64.34.260; (e)
make the condominium part of a larger condominium or a
development under RCW 64.34.280; (f) make the condominium subject to a master association under RCW 64.34.276; or
(g) appoint or remove any officer of the association or any
master association or any member of the board of directors,
or to veto or approve a proposed action of the board or association, during any period of declarant control under RCW
64.34.308(4).
(30) "Timeshare" shall have the meaning specified in the
timeshare act, RCW 64.36.010(11).
(31) "Unit" means a physical portion of the condominium designated for separate ownership, the boundaries of
which are described pursuant to RCW 64.34.216(1)(d).
"Separate ownership" includes leasing a unit in a leasehold
condominium under a lease that expires contemporaneously
with any lease, the expiration or termination of which will
remove the unit from the condominium.
[Title 64 RCW—page 23]
64.34.030
Title 64 RCW: Real Property and Conveyances
(32) "Unit owner" means a declarant or other person who
owns a unit or leases a unit in a leasehold condominium
under a lease that expires simultaneously with any lease, the
expiration or termination of which will remove the unit from
the condominium, but does not include a person who has an
interest in a unit solely as security for an obligation. "Unit
owner" means the vendee, not the vendor, of a unit under a
real estate contract. [2004 c 201 § 9; 1992 c 220 § 2; 1990 c
166 § 1; 1989 c 43 § 1-103.]
Effective date—1990 c 166: "This act shall take effect July 1, 1990."
[1990 c 166 § 16.]
64.34.030
64.34.030 Variation by agreement. Except as
expressly provided in this chapter, provisions of this chapter
may not be varied by agreement, and rights conferred by this
chapter may not be waived. A declarant may not act under a
power of attorney or use any other device to evade the limitations or prohibitions of this chapter or the declaration. [1989
c 43 § 1-104.]
64.34.040
64.34.040 Separate interests—Taxation. (1) If there
is any unit owner other than a declarant, each unit that has
been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real
property.
(2) If there is any unit owner other than a declarant, each
unit together with its interest in the common elements must
be separately taxed and assessed.
(3) If a development right has an ascertainable market
value, the development right shall constitute a separate parcel
of real property for property tax purposes and must be separately taxed and assessed to the declarant.
(4) If there is no unit owner other than a declarant, the
real property comprising the condominium may be taxed and
assessed in any manner provided by law. [1992 c 220 § 3;
1989 c 43 § 1-105.]
64.34.050
64.34.050 Local ordinances, regulations, and building codes—Applicability. (1) A zoning, subdivision, building code, or other real property law, ordinance, or regulation
may not prohibit the condominium form of ownership or
impose any requirement upon a condominium which it would
not impose upon a physically identical development under a
different form of ownership. Otherwise, no provision of this
chapter invalidates or modifies any provision of any zoning,
subdivision, building code, or other real property use law,
ordinance, or regulation.
(2) This section shall not prohibit a county legislative
authority from requiring the review and approval of declarations and amendments thereto and termination agreements
executed pursuant to RCW 64.34.268(2) by the county assessor solely for the purpose of allocating the assessed value and
property taxes. The review by the assessor shall be done in a
reasonable and timely manner. [1989 c 43 § 1-106.]
64.34.060
64.34.060 Condemnation. (1) If a unit is acquired by
condemnation, or if part of a unit is acquired by condemnation leaving the unit owner with a remnant of a unit which
may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the
[Title 64 RCW—page 24]
unit owner for the owner’s unit and its appurtenant interest in
the common elements, whether or not any common elements
are acquired. Upon acquisition, unless the decree otherwise
provides, that unit’s allocated interests are automatically reallocated to the remaining units in proportion to the respective
allocated interests of those units before the taking, and the
association shall promptly prepare, execute, and record an
amendment to the declaration reflecting the reallocations.
Any remnant of a unit remaining after part of a unit is taken
under this subsection is thereafter a common element.
(2) Except as provided in subsection (1) of this section, if
part of a unit is acquired by condemnation, the award must
compensate the unit owner for the reduction in value of the
unit and its appurtenant interest in the common elements,
whether or not any common elements are acquired. Upon
acquisition, unless the decree otherwise provides: (a) That
unit’s allocated interests are reduced in proportion to the
reduction in the size of the unit, or on any other basis specified in the declaration; and (b) the portion of the allocated
interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in
proportion to the respective allocated interests of those units
before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated
interests.
(3) If part of the common elements is acquired by condemnation the portion of the award attributable to the common elements taken shall be paid to the owners based on their
respective interests in the common elements unless the declaration provides otherwise. Unless the declaration provides
otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided
among the owners of the units to which that limited common
element was allocated at the time of acquisition.
(4) The court judgment shall be recorded in every county
in which any portion of the condominium is located.
(5) Should the association not act, based on a right
reserved to the association in the declaration, on the owners’
behalf in a condemnation process, the affected owners may
individually or jointly act on their own behalf. [1989 c 43 §
1-107.]
64.34.070
64.34.070 Law applicable—General principles. The
principles of law and equity, including the law of corporations and unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and
agent, condemnation, estoppel, fraud, misrepresentation,
duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement
the provisions of this chapter, except to the extent inconsistent with this chapter. [1989 c 43 § 1-108.]
64.34.073
64.34.073 Application of chapter 64.55 RCW. Chapter 64.55 RCW includes requirements for: The inspection of
the building enclosures of multiunit residential buildings, as
defined in RCW 64.55.010, which includes condominiums
and conversion condominiums; for provision of inspection
and repair reports; and for the resolution of implied or
express warranty disputes under chapter 64.34 RCW. [2005
c 456 § 21.]
(2006 Ed.)
Condominium Act
Captions not law—Effective date—2005 c 456: See RCW 64.55.900
and 64.55.901.
64.34.080
64.34.080 Contracts—Unconscionability. (1) The
court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was
made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit
the application of any unconscionable clause in order to
avoid an unconscionable result.
(2) Whenever it is claimed, or appears to the court, that a
contract or any contract clause is or may be unconscionable,
the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present
evidence as to:
(a) The commercial setting of the negotiations;
(b) Whether a party has knowingly taken advantage of
the inability of the other party reasonably to protect his or her
interests by reason of physical or mental infirmity, illiteracy,
or inability to understand the language of the agreement or
similar factors;
(c) The effect and purpose of the contract or clause; and
(d) If a sale, any gross disparity at the time of contracting
between the amount charged for the real property and the
value of the real property measured by the price at which similar real property was readily obtainable in similar transactions, but a disparity between the contract price and the value
of the real property measured by the price at which similar
real property was readily obtainable in similar transactions
does not, of itself, render the contract unconscionable. [1989
c 43 § 1-111.]
64.34.090
64.34.090 Obligation of good faith. Every contract or
duty governed by this chapter imposes an obligation of good
faith in its performance or enforcement. [1989 c 43 § 1-112.]
64.34.100
64.34.100 Remedies liberally administered. (1) The
remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a
position as if the other party had fully performed. However,
consequential, special, or punitive damages may not be
awarded except as specifically provided in this chapter or by
other rule of law.
(2) Except as otherwise provided in RCW 64.55.100
through 64.55.160 or chapter 64.35 RCW, any right or obligation declared by this chapter is enforceable by judicial proceeding. The arbitration proceedings provided for in RCW
64.55.100 through 64.55.160 shall be considered judicial proceedings for the purposes of this chapter. [2005 c 456 § 20;
2004 c 201 § 2; 1989 c 43 § 1-113.]
Captions not law—Effective date—2005 c 456: See RCW 64.55.900
and 64.55.901.
ARTICLE 2
CREATION, ALTERATION, AND TERMINATION
OF CONDOMINIUMS
64.34.200
64.34.200 Creation of condominium. (1) A condominium may be created pursuant to this chapter only by
recording a declaration executed by the owner of the interest
subject to this chapter in the same manner as a deed and by
(2006 Ed.)
64.34.204
simultaneously recording a survey map and plans pursuant to
RCW 64.34.232. The declaration and survey map and plans
must be recorded in every county in which any portion of the
condominium is located, and the condominium shall not have
the same name as any other existing condominium, whether
created under this chapter or under chapter 64.32 RCW, in
any county in which the condominium is located.
(2) A declaration or an amendment to a declaration adding units to a condominium may not be recorded unless (a) all
structural components and mechanical systems of all buildings containing or comprising any units thereby created are
substantially completed as evidenced by a recorded certificate of completion executed by the declarant which certificate may be included in the declaration or the amendment,
the survey map and plans to be recorded pursuant to RCW
64.34.232, or a separately recorded written instrument, and
(b) all horizontal and vertical boundaries of such units are
substantially completed in accordance with the plans required
to be recorded by RCW 64.34.232, as evidenced by a
recorded certificate of completion executed by a licensed surveyor. [1992 c 220 § 4; 1990 c 166 § 2; 1989 c 43 § 2-101.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.202
64.34.202 Reservation of condominium name. Upon
the filing of a written request with the county office in which
the declaration is to be recorded, using such form of written
request as may be required by the county office and paying
such fee as the county office may establish not in excess of
fifty dollars, a person may reserve the exclusive right to use a
particular name for a condominium to be created in that
county. The name being reserved shall not be identical to any
other condominium or subdivision plat located in that county,
and such name reservation shall automatically lapse unless
within three hundred sixty-five days from the date on which
the name reservation is filed the person reserving that name
either records a declaration using the reserved name or files a
new name reservation request. [1992 c 220 § 5.]
64.34.204
64.34.204 Unit boundaries. Except as provided by the
declaration:
(1) The walls, floors, or ceilings are the boundaries of a
unit, and all lath, furring, wallboard, plasterboard, plaster,
paneling, tiles, wallpaper, paint, finished flooring, and any
other materials constituting any part of the finished surfaces
thereof are a part of the unit, and all other portions of the
walls, floors, or ceilings are a part of the common elements.
(2) If any chute, flue, duct, wire, conduit, bearing wall,
bearing column, or any other fixture lies partially within and
partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof
serving more than one unit or any portion of the common elements is a part of the common elements.
(3) Subject to the provisions of subsection (2) of this section, all spaces, interior partitions, and other fixtures and
improvements within the boundaries of a unit are a part of the
unit.
(4) Any shutters, awnings, window boxes, doorsteps,
stoops, porches, balconies, patios, and all exterior doors and
windows or other fixtures designed to serve a single unit, but
[Title 64 RCW—page 25]
64.34.208
Title 64 RCW: Real Property and Conveyances
which are located outside the unit’s boundaries, are limited
common elements allocated exclusively to that unit. [1992 c
220 § 6; 1989 c 43 § 2-102.]
64.34.208
64.34.208 Declaration and bylaws—Construction
and validity. (1) All provisions of the declaration and
bylaws are severable.
(2) The rule against perpetuities may not be applied to
defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant to RCW 64.34.304(1)(a).
(3) In the event of a conflict between the provisions of
the declaration and the bylaws, the declaration prevails
except to the extent the declaration is inconsistent with this
chapter.
(4) The creation of a condominium shall not be impaired
and title to a unit and common elements shall not be rendered
unmarketable or otherwise affected by reason of an insignificant failure of the declaration or survey map and plans or any
amendment thereto to comply with this chapter. Whether a
significant failure impairs marketability shall not be determined by this chapter. [1989 c 43 § 2-103.]
64.34.212
64.34.212 Description of units. A description of a unit
which sets forth the name of the condominium, the recording
number for the declaration, the county in which the condominium is located, and the identifying number of the unit is a
sufficient legal description of that unit and all rights, obligations, and interests appurtenant to that unit which were created by the declaration or bylaws. [1989 c 43 § 2-104.]
64.34.216
64.34.216 Contents of declaration. (1) The declaration
for a condominium must contain:
(a) The name of the condominium, which must include
the word "condominium" or be followed by the words "a condominium," and the name of the association;
(b) A legal description of the real property included in
the condominium;
(c) A statement of the number of units which the
declarant has created and, if the declarant has reserved the
right to create additional units, the number of such additional
units;
(d) The identifying number of each unit created by the
declaration and a description of the boundaries of each unit if
and to the extent they are different from the boundaries stated
in RCW 64.34.204(1);
(e) With respect to each existing unit:
(i) The approximate square footage;
(ii) The number of bathrooms, whole or partial;
(iii) The number of rooms designated primarily as bedrooms;
(iv) The number of built-in fireplaces; and
(v) The level or levels on which each unit is located.
The data described in (ii), (iii), and (iv) of this subsection
(1)(e) may be omitted with respect to units restricted to nonresidential use;
(f) The number of parking spaces and whether covered,
uncovered, or enclosed;
(g) The number of moorage slips, if any;
[Title 64 RCW—page 26]
(h) A description of any limited common elements, other
than those specified in RCW 64.34.204 (2) and (4), as provided in RCW 64.34.232(2)(j);
(i) A description of any real property which may be allocated subsequently by the declarant as limited common elements, other than limited common elements specified in
RCW 64.34.204 (2) and (4), together with a statement that
they may be so allocated;
(j) A description of any development rights and other
special declarant rights under RCW 64.34.020(29) reserved
by the declarant, together with a description of the real property to which the development rights apply, and a time limit
within which each of those rights must be exercised;
(k) If any development right may be exercised with
respect to different parcels of real property at different times,
a statement to that effect together with: (i) Either a statement
fixing the boundaries of those portions and regulating the
order in which those portions may be subjected to the exercise of each development right, or a statement that no assurances are made in those regards; and (ii) a statement as to
whether, if any development right is exercised in any portion
of the real property subject to that development right, that
development right must be exercised in all or in any other
portion of the remainder of that real property;
(l) Any other conditions or limitations under which the
rights described in (j) of this subsection may be exercised or
will lapse;
(m) An allocation to each unit of the allocated interests
in the manner described in RCW 64.34.224;
(n) Any restrictions in the declaration on use, occupancy,
or alienation of the units;
(o) A cross-reference by recording number to the survey
map and plans for the units created by the declaration; and
(p) All matters required or permitted by RCW 64.34.220
through 64.34.232, 64.34.256, 64.34.260, 64.34.276, and
64.34.308(4).
(2) All amendments to the declaration shall contain a
cross-reference by recording number to the declaration and to
any prior amendments thereto. All amendments to the declaration adding units shall contain a cross-reference by recording number to the survey map and plans relating to the added
units and set forth all information required by RCW
64.34.216(1) with respect to the added units.
(3) The declaration may contain any other matters the
declarant deems appropriate. [1992 c 220 § 7; 1989 c 43 § 2105.]
64.34.220
64.34.220 Leasehold condominiums. (1) Any lease,
the expiration or termination of which may terminate the condominium or reduce its size, or a memorandum thereof, shall
be recorded. Every lessor of those leases must sign the declaration, and the declaration shall state:
(a) The recording number of the lease or a statement of
where the complete lease may be inspected;
(b) The date on which the lease is scheduled to expire;
(c) A legal description of the real property subject to the
lease;
(d) Any right of the unit owners to redeem the reversion
and the manner whereby those rights may be exercised, or a
statement that they do not have those rights;
(2006 Ed.)
Condominium Act
(e) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those
rights; and
(f) Any rights of the unit owners to renew the lease and
the conditions of any renewal, or a statement that they do not
have those rights.
(2) The declaration may provide for the collection by the
association of the proportionate rents paid on the lease by the
unit owners and may designate the association as the representative of the unit owners on all matters relating to the
lease.
(3) If the declaration does not provide for the collection
of rents by the association, the lessor may not terminate the
interest of a unit owner who makes timely payment of the
owner’s share of the rent and otherwise complies with all
covenants other than the payment of rent which, if violated,
would entitle the lessor to terminate the lease.
(4) Acquisition of the leasehold interest of any unit
owner by the owner of the reversion or remainder does not
merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or
remainder are acquired and the owner thereof records a document confirming the merger.
(5) If the expiration or termination of a lease decreases
the number of units in a condominium, the allocated interests
shall be reallocated in accordance with RCW 64.34.060(1) as
though those units had been taken by condemnation. Reallocations shall be confirmed by an amendment to the declaration and survey map and plans prepared, executed, and
recorded by the association. [1989 c 43 § 2-106.]
64.34.224 Common element interests, votes, and
expenses—Allocation. (1) The declaration shall allocate a
fraction or percentage of undivided interests in the common
elements and in the common expenses of the association, and
a portion of the votes in the association, to each unit and state
the formulas or methods used to establish those allocations.
Those allocations may not discriminate in favor of units
owned by the declarant or an affiliate of the declarant.
(2) If units may be added to or withdrawn from the condominium, the declaration shall state the formulas or methods
to be used to reallocate the allocated interests among all units
included in the condominium after the addition or withdrawal.
(3) The declaration may provide: (a) For cumulative
voting only for the purpose of electing members of the board
of directors; and (b) for class voting on specified issues
affecting the class if necessary to protect valid interests of the
class. A declarant may not utilize cumulative or class voting
for the purpose of evading any limitation imposed on
declarants by this chapter, nor may units constitute a class
because they are owned by a declarant.
(4) Except for minor variations due to rounding, the sum
of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units
must each equal one if stated as fractions or one hundred percent if stated as percentages. In the event of discrepancy
between an allocated interest and the result derived from
application of the pertinent formula, the allocated interest
prevails.
64.34.224
(2006 Ed.)
64.34.232
(5) Except where permitted by other sections of this
chapter, the common elements are not subject to partition,
and any purported conveyance, encumbrance, judicial sale,
or other voluntary or involuntary transfer of an undivided
interest in the common elements made without the unit to
which that interest is allocated is void. [1992 c 220 § 8; 1989
c 43 § 2-107.]
64.34.228
64.34.228 Limited common elements. (1) Except for
the limited common elements described in RCW 64.34.204
(2) and (4), the declaration shall specify to which unit or units
each limited common element is allocated.
(2) Except in the case of a reallocation being made by a
declarant pursuant to a development right reserved in the declaration, a limited common element may only be reallocated
between units with the approval of the board of directors and
by an amendment to the declaration executed by the owners
of the units to which the limited common element was and
will be allocated. The board of directors shall approve the
request of the owner or owners under this subsection within
thirty days, or within such other period provided by the declaration, unless the proposed reallocation does not comply
with this chapter or the declaration. The failure of the board
of directors to act upon a request within such period shall be
deemed approval thereof. The amendment shall be recorded
in the names of the parties and of the condominium.
(3) Unless otherwise provided in the declaration, the
owners of units to which at least sixty-seven percent of the
votes are allocated, including the owner of the unit to which
the limited common element will be assigned or incorporated, must agree to reallocate a common element as a limited
common element or to incorporate a common element or a
limited common element into an existing unit. Such reallocation or incorporation shall be reflected in an amendment to
the declaration, survey map, or plans. [1992 c 220 § 9; 1989
c 43 § 2-108.]
64.34.232
64.34.232 Survey maps and plans. (1) A survey map
and plans executed by the declarant shall be recorded simultaneously with, and contain cross-references by recording
number to, the declaration and any amendments. The survey
map and plans must be clear and legible and contain a certification by the person making the survey or the plans that all
information required by this section is supplied. All plans
filed shall be in such style, size, form and quality as shall be
prescribed by the recording authority of the county where
filed, and a copy shall be delivered to the county assessor.
(2) Each survey map shall show or state:
(a) The name of the condominium and a legal description
and a survey of the land in the condominium and of any land
that may be added to the condominium;
(b) The boundaries of all land not subject to development
rights, or subject only to the development right to withdraw,
and the location and dimensions of all existing buildings containing units on that land;
(c) The boundaries of any land subject to development
rights, labeled "SUBJECT TO DEVELOPMENT RIGHTS
SET FORTH IN THE DECLARATION"; any land that may
be added to the condominium shall also be labeled "MAY BE
ADDED TO THE CONDOMINIUM"; any land that may be
[Title 64 RCW—page 27]
64.34.236
Title 64 RCW: Real Property and Conveyances
withdrawn from the condominium shall also be labeled
"MAY BE WITHDRAWN FROM THE CONDOMINIUM";
(d) The extent of any encroachments by or upon any portion of the condominium;
(e) To the extent feasible, the location and dimensions of
all recorded easements serving or burdening any portion of
the condominium and any unrecorded easements of which a
surveyor knows or reasonably should have known, based on
standard industry practices, while conducting the survey;
(f) Subject to the provisions of subsection (8) of this section, the location and dimensions of any vertical unit boundaries not shown or projected on plans recorded under subsection (4) of this section and that unit’s identifying number;
(g) The location with reference to an established datum
of any horizontal unit boundaries not shown or projected on
plans recorded under subsection (4) of this section and that
unit’s identifying number;
(h) The location and dimensions of any real property in
which the unit owners will own only an estate for years,
labeled as "leasehold real property";
(i) The distance between any noncontiguous parcels of
real property comprising the condominium;
(j) The general location of any existing principal common amenities listed in a public offering statement under
RCW 64.34.410(1)(j) and any limited common elements,
including limited common element porches, balconies,
patios, parking spaces, and storage facilities, but not including the other limited common elements described in RCW
64.34.204 (2) and (4);
(k) In the case of real property not subject to development rights, all other matters customarily shown on land surveys.
(3) A survey map may also show the intended location
and dimensions of any contemplated improvement to be constructed anywhere within the condominium. Any contemplated improvement shown must be labeled either "MUST
BE BUILT" or "NEED NOT BE BUILT."
(4) To the extent not shown or projected on the survey
map, plans of the existing units must show or project:
(a) Subject to the provisions of subsection (8) of this section, the location and dimensions of the vertical boundaries of
each unit, and that unit’s identifying number;
(b) Any horizontal unit boundaries, with reference to an
established datum, and that unit’s identifying number; and
(c) Any units in which the declarant has reserved the
right to create additional units or common elements under
RCW 64.34.236(3), identified appropriately.
(5) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside of a building have the same elevation as the horizontal boundaries of
the inside part and in such case need not be depicted on the
survey map and plans.
(6) Upon exercising any development right, the declarant
shall record either a new survey map and plans necessary to
conform to the requirements of subsections (1), (2), and (3) of
this section or new certifications of a survey map and plans
previously recorded if the documents otherwise conform to
the requirements of those subsections.
(7) Any survey map, plan, or certification required by
this section shall be made by a licensed surveyor.
[Title 64 RCW—page 28]
(8) In showing or projecting the location and dimensions
of the vertical boundaries of a unit under subsections (2)(f)
and (4)(a) of this section, it is not necessary to show the thickness of the walls constituting the vertical boundaries or otherwise show the distance of those vertical boundaries either
from the exterior surface of the building containing that unit
or from adjacent vertical boundaries of other units if: (a) The
walls are designated to be the vertical boundaries of that unit;
(b) the unit is located within a building, the location and
dimensions of the building having been shown on the survey
map under subsection (2)(b) of this section; and (c) the
graphic general location of the vertical boundaries are shown
in relation to the exterior surfaces of that building and to the
vertical boundaries of other units within that building. [1997
c 400 § 2; 1992 c 220 § 10; 1989 c 43 § 2-109.]
64.34.236 Development rights. (1) To exercise any
development right reserved under RCW 64.34.216(1)(j), the
declarant shall prepare, execute, and record an amendment to
the declaration under RCW 64.34.264, and comply with
RCW 64.34.232. The declarant is the unit owner of any units
thereby created. The amendment to the declaration shall
assign an identifying number to each new unit created, and,
except in the case of subdivision or conversion of units
described in subsection (2) of this section, reallocate the allocated interests among all units. The amendment must
describe any common elements and any limited common elements thereby created and, in the case of limited common
elements, designate the unit to which each is allocated to the
extent required by RCW 64.34.228.
(2) Development rights may be reserved within any real
property added to the condominium if the amendment adding
that real property includes all matters required by RCW
64.34.216 or 64.34.220, as the case may be, and the survey
map and plans include all matters required by RCW
64.34.232. This provision does not extend the time limit on
the exercise of development rights imposed by the declaration pursuant to RCW 64.34.216(1)(j).
(3) Whenever a declarant exercises a development right
to subdivide or convert a unit previously created into additional units, common elements, or both:
(a) If the declarant converts the unit entirely to common
elements, the amendment to the declaration must reallocate
all the allocated interests of that unit among the other units as
if that unit had been taken by condemnation under RCW
64.34.060.
(b) If the declarant subdivides the unit into two or more
units, whether or not any part of the unit is converted into
common elements, the amendment to the declaration must
reallocate all the allocated interests of the unit among the
units created by the subdivision in any reasonable and equitable manner prescribed by the declarant.
(4) If the declaration provides, pursuant to RCW
64.34.216(1)(j), that all or a portion of the real property is
subject to the development right of withdrawal:
(a) If all the real property is subject to withdrawal, and
the declaration or survey map or amendment thereto does not
describe separate portions of real property subject to that
right, none of the real property may be withdrawn if a unit in
that portion of the real property is owned by a person other
than the declarant; and
64.34.236
(2006 Ed.)
Condominium Act
(b) If a portion or portions are subject to withdrawal as
described in the declaration or in the survey map or in any
amendment thereto, no portion may be withdrawn if a unit in
that portion of the real property is owned by a person other
than the declarant. [1989 c 43 § 2-110.]
64.34.240
64.34.240 Alterations of units. Subject to the provisions of the declaration and other provisions of law, a unit
owner:
(1) May make any improvements or alterations to the
owner’s unit that do not affect the structural integrity or
mechanical or electrical systems or lessen the support of any
portion of the condominium;
(2) May not change the appearance of the common elements or the exterior appearance of a unit without permission
of the association;
(3) After acquiring an adjoining unit or an adjoining part
of an adjoining unit may, with approval of the board of directors, remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not adversely affect the structural integrity or mechanical or electrical systems or lessen
the support of any portion of the condominium. Removal of
partitions or creation of apertures under this subsection is not
a relocation of boundaries. The board of directors shall
approve a unit owner’s request, which request shall include
the plans and specifications for the proposed removal or
alteration, under this subsection within thirty days, or within
such other period provided by the declaration, unless the proposed alteration does not comply with this chapter or the declaration or impairs the structural integrity or mechanical or
electrical systems in the condominium. The failure of the
board of directors to act upon a request within such period
shall be deemed approval thereof. [1989 c 43 § 2-111.]
64.34.244
64.34.244 Relocation of boundaries—Adjoining
units. (1) Subject to the provisions of the declaration and
other provisions of law, the boundaries between adjoining
units may only be relocated by an amendment to the declaration upon application to the association by the owners of
those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations.
Unless the board of directors determines within thirty days,
or such other period provided in the declaration, that the reallocations are unreasonable, the association shall prepare an
amendment that identifies the units involved, states the reallocations, is executed by those unit owners, contains words of
conveyance between them, and is recorded in the name of the
grantor and the grantee.
(2) The association shall obtain and record survey maps
or plans complying with the requirements of RCW
64.34.232(4) necessary to show the altered boundaries
between adjoining units and their dimensions and identifying
numbers. [1989 c 43 § 2-112.]
64.34.248
64.34.248 Subdivision of units. (1) If the declaration
permits, a unit may be subdivided into two or more units.
Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a
(2006 Ed.)
64.34.264
unit, the association shall prepare, execute, and record an
amendment to the declaration, including survey maps and
plans, subdividing that unit.
(2) The amendment to the declaration must be executed
by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated
interests formerly allocated to the subdivided unit to the new
units in any reasonable and equitable manner prescribed by
the owner of the subdivided unit. [1989 c 43 § 2-113.]
64.34.252
64.34.252 Monuments as boundaries. The physical
boundaries of a unit constructed in substantial accordance
with the original survey map and set of plans thereof become
its boundaries rather than the metes and bounds expressed in
the survey map or plans, regardless of settling or lateral
movement of the building or minor variance between boundaries shown on the survey map or plans and those of the
building. This section does not relieve a declarant or any
other person of liability for failure to adhere to the survey
map and plans. [1989 c 43 § 2-114.]
64.34.256
64.34.256 Use by declarant. A declarant may maintain
sales offices, management offices, and models in units or on
common elements in the condominium only if the declaration
so provides and specifies the rights of a declarant with regard
to the number, location, and relocation thereof. Any sales
office, management office, or model not designated a unit by
the declaration is a common element and, if a declarant
ceases to be a unit owner, the declarant ceases to have any
rights with regard thereto unless it is removed promptly from
the condominium in accordance with a right to remove
reserved in the declaration. Subject to any limitations in the
declaration, a declarant may maintain signs on the common
elements advertising the condominium. The provisions of
this section are subject to the provisions of other state law and
to local ordinances. [1992 c 220 § 11; 1989 c 43 § 2-115.]
64.34.260
64.34.260 Easement rights—Common elements.
Subject to the provisions of the declaration, a declarant has an
easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant’s
obligations or exercising special declarant rights, whether
arising under this chapter or reserved in the declaration.
[1989 c 43 § 2-116.]
64.34.264
64.34.264 Amendment of declaration. (1) Except in
cases of amendments that may be executed by a declarant
under RCW 64.34.232(6) or 64.34.236; the association under
RCW 64.34.060, 64.34.220(5), 64.34.228(3), 64.34.244(1),
64.34.248, or 64.34.268(8); or certain unit owners under
RCW 64.34.228(2), 64.34.244(1), 64.34.248(2), or
64.34.268(2), and except as limited by subsection (4) of this
section, the declaration, including the survey maps and plans,
may be amended only by vote or agreement of unit owners of
units to which at least sixty-seven percent of the votes in the
association are allocated, or any larger percentage the declaration specifies: PROVIDED, That the declaration may specify a smaller percentage only if all of the units are restricted
exclusively to nonresidential use.
[Title 64 RCW—page 29]
64.34.268
Title 64 RCW: Real Property and Conveyances
(2) No action to challenge the validity of an amendment
adopted by the association pursuant to this section may be
brought more than one year after the amendment is recorded.
(3) Every amendment to the declaration must be
recorded in every county in which any portion of the condominium is located, and is effective only upon recording. An
amendment shall be indexed in the name of the condominium
and shall contain a cross-reference by recording number to
the declaration and each previously recorded amendment
thereto.
(4) Except to the extent expressly permitted or required
by other provisions of this chapter, no amendment may create
or increase special declarant rights, increase the number of
units, change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted, in the
absence of the vote or agreement of the owner of each unit
particularly affected and the owners of units to which at least
ninety percent of the votes in the association are allocated
other than the declarant or such larger percentage as the declaration provides.
(5) Amendments to the declaration required by this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by
any officer of the association designated for that purpose or,
in the absence of designation, by the president of the association.
(6) No amendment may restrict, eliminate, or otherwise
modify any special declarant right provided in the declaration
without the consent of the declarant and any mortgagee of
record with a security interest in the special declarant right or
in any real property subject thereto, excluding mortgagees of
units owned by persons other than the declarant. [1989 c 43
§ 2-117.]
64.34.268 Termination of condominium. (1) Except
in the case of a taking of all the units by condemnation under
RCW 64.34.060, a condominium may be terminated only by
agreement of unit owners of units to which at least eighty percent of the votes in the association are allocated, or any larger
percentage the declaration specifies: PROVIDED, That the
declaration may specify a smaller percentage only if all of the
units in the condominium are restricted exclusively to nonresidential uses.
(2) An agreement to terminate must be evidenced by the
execution of a termination agreement or ratifications thereof,
in the same manner as a deed, by the requisite number of unit
owners. The termination agreement must specify a date after
which the agreement will be void unless it is recorded before
that date and shall contain a description of the manner in
which the creditors of the association will be paid or provided
for. A termination agreement and all ratifications thereof
must be recorded in every county in which a portion of the
condominium is situated and is effective only upon recording. A termination agreement may be amended by complying
with all of the requirements of this section.
(3) A termination agreement may provide that all the
common elements and units of the condominium shall be
sold following termination. If, pursuant to the agreement, any
real property in the condominium is to be sold following termination, the termination agreement must set forth the minimum terms of the sale.
64.34.268
[Title 64 RCW—page 30]
(4) The association, on behalf of the unit owners, may
contract for the sale of real property in the condominium, but
the contract is not binding on the unit owners until approved
pursuant to subsections (1) and (2) of this section. If any real
property in the condominium is to be sold following termination, title to that real property, upon termination, vests in the
association as trustee for the holders of all interests in the
units. Thereafter, the association has all powers necessary
and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof distributed, the association
continues in existence with all powers it had before termination. Proceeds of the sale must be distributed to unit owners
and lien holders as their interests may appear, in proportion to
the respective interests of unit owners as provided in subsection (7) of this section. Unless otherwise specified in the termination agreement, as long as the association holds title to
the real property, each unit owner and the owner’s successors
in interest have an exclusive right to occupancy of the portion
of the real property that formerly constituted the owner’s
unit. During the period of that occupancy, each unit owner
and the owner’s successors in interest remain liable for all
assessments and other obligations imposed on unit owners by
this chapter or the declaration.
(5) If the real property constituting the condominium is
not to be sold following termination, title to all the real property in the condominium vests in the unit owners upon termination as tenants in common in proportion to their respective
interests as provided in subsection (7) of this section, and
liens on the units shift accordingly. While the tenancy in
common exists, each unit owner and the owner’s successors
in interest have an exclusive right to occupancy of the portion
of the real property that formerly constituted the owner’s
unit.
(6) Following termination of the condominium, the proceeds of any sale of real property, together with the assets of
the association, are held by the association as trustee for unit
owners and holders of liens on the units and creditors of the
association as their interests may appear. No such proceeds or
assets may be disbursed to the owners until all of the creditors
of the association have been paid or provided for. Following
termination, creditors of the association holding liens on the
units, which were recorded or perfected under RCW 4.64.020
before termination, may enforce those liens in the same manner as any lien holder.
(7) The respective interests of unit owners referred to in
subsections (4), (5), and (6) of this section are as follows:
(a) Except as provided in (b) of this subsection, the
respective interests of unit owners are the fair market values
of their units, limited common elements, and common element interests immediately before the termination, as determined by one or more independent appraisers selected by the
association. The decision of the independent appraisers shall
be distributed to the unit owners and becomes final unless
disapproved, within thirty days after distribution, by unit
owners of units to which twenty-five percent of the votes in
the association are allocated. The proportion of any unit
owner’s interest to that of all unit owners is determined by
dividing the fair market value of that unit owner’s unit and
common element interest by the total fair market values of all
the units and common elements.
(2006 Ed.)
Condominium Act
(b) If any unit or any limited common element is
destroyed to the extent that an appraisal of the fair market
value thereof before destruction cannot be made, the interests
of all unit owners are their respective common element interests immediately before the termination.
(8) Except as provided in subsection (9) of this section,
foreclosure or enforcement of a lien or encumbrance against
the entire condominium does not of itself terminate the condominium, and foreclosure or enforcement of a lien or
encumbrance against a portion of the condominium, other
than withdrawable real property, does not withdraw that portion from the condominium. Foreclosure or enforcement of a
lien or encumbrance against withdrawable real property does
not of itself withdraw that real property from the condominium, but the person taking title thereto has the right to require
from the association, upon request, an amendment excluding
the real property from the condominium.
(9) If a lien or encumbrance against a portion of the real
property that is withdrawable from the condominium has priority over the declaration, and the lien or encumbrance has
not been partially released as to a unit, the purchaser at the
foreclosure or such purchaser’s successors may, upon foreclosure, record an instrument exercising the right to withdraw
the real property subject to that lien or encumbrance from the
condominium. The board of directors shall reallocate interests as if the foreclosed portion were condemned.
(10) The right of partition under chapter 7.52 RCW shall
be suspended if an agreement to sell the property is provided
for in the termination agreement pursuant to subsection (3) of
this section. The suspension of the right to partition shall continue unless and until no binding obligation to sell exists three
months after the recording of the termination agreement, the
binding sale agreement is terminated, or one year after the
termination agreement is recorded, whichever first occurs.
[1992 c 220 § 12; 1989 c 43 § 2-118.]
64.34.272
64.34.272 Rights of secured lenders. The declaration
may require that all or a specified number or percentage of
the holders of mortgages encumbering the units approve
specified actions of the unit owners or the association as a
condition to the effectiveness of those actions, but no requirement for approval may operate to (1) deny or delegate control
over the general administrative affairs of the association by
the unit owners or the board of directors, or (2) prevent the
association or the board of directors from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds except pursuant
to RCW 64.34.352. With respect to any action requiring the
consent of a specified number or percentage of mortgagees,
the consent of only eligible mortgagees holding a first lien
mortgage need be obtained and the percentage shall be based
upon the votes attributable to units with respect to which eligible mortgagees have an interest. [1989 c 43 § 2-119.]
64.34.276
64.34.276 Master associations. (1) If the declaration
provides that any of the powers described in RCW 64.34.304
are to be exercised by or may be delegated to a profit or nonprofit corporation which exercises those or other powers on
behalf of a development consisting of one or more condominiums or for the benefit of the unit owners of one or more con(2006 Ed.)
64.34.278
dominiums, all provisions of this chapter applicable to unit
owners’ associations apply to any such corporation, except as
modified by this section.
(2) Unless a master association is acting in the capacity
of an association described in RCW 64.34.300, it may exercise the powers set forth in RCW 64.34.304(1)(b) only to the
extent expressly permitted in the declarations of condominiums which are part of the master association or expressly
described in the delegations of power from those condominiums to the master association.
(3) If the declaration of any condominium provides that
the board of directors may delegate certain powers to a master association, the members of the board of directors have no
liability for the acts or omissions of the master association
with respect to those powers following delegation.
(4) The rights and responsibilities of unit owners with
respect to the unit owners’ association set forth in RCW
64.34.308, 64.34.332, 64.34.336, 64.34.340, and 64.34.348
apply in the conduct of the affairs of a master association
only to those persons who elect the board of a master association, whether or not those persons are otherwise unit owners
within the meaning of this chapter.
(5) Notwithstanding the provisions of RCW
64.34.308(6) with respect to the election of the board of
directors of an association by all unit owners after the period
of declarant control ends and even if a master association is
also an association described in RCW 64.34.300, the certificate of incorporation or other instrument creating the master
association and the declaration of each condominium, the
powers of which are assigned by the declaration or delegated
to the master association, must provide that the board of
directors of the master association shall be elected after the
period of declarant control in any of the following ways:
(a) All unit owners of all condominiums subject to the
master association may elect all members of that board of
directors.
(b) All members of the boards of directors of all condominiums subject to the master association may elect all members of that board of directors.
(c) All unit owners of each condominium subject to the
master association may elect specified members of that board
of directors.
(d) All members of the board of directors of each condominium subject to the master association may elect specified
members of that board of directors. [1989 c 43 § 2-120.]
64.34.278 Delegation of power to subassociations. (1)
If the declaration provides that any of the powers described in
RCW 64.34.304 are to be exercised by or may be delegated to
a profit or nonprofit corporation that exercises those or other
powers on behalf of unit owners owning less than all of the
units in a condominium, and where those unit owners share
the exclusive use of one or more limited common elements
within the condominium or share some property or other
interest in the condominium in common that is not shared by
the remainder of the unit owners in the condominium, all provisions of this chapter applicable to unit owners’ associations
apply to any such corporation, except as modified by this section. The delegation of powers to a subassociation shall not
be used to discriminate in favor of units owned by the
declarant or an affiliate of the declarant.
64.34.278
[Title 64 RCW—page 31]
64.34.280
Title 64 RCW: Real Property and Conveyances
(2) A subassociation may exercise the powers set forth in
RCW 64.34.304(1) only to the extent expressly permitted by
the declaration of the condominium of which the units in the
subassociation are a part of or expressly described in the delegations of power from that condominium to the subassociation.
(3) If the declaration of any condominium contains a delegation of certain powers to a subassociation, or provides that
the board of directors of the condominium may make such a
delegation, the members of the board of directors have no liability for the acts or omissions of the subassociation with
respect to those powers so exercised by the subassociation
following delegation.
(4) The rights and responsibilities of unit owners with
respect to the unit owners’ association set forth in RCW
64.34.300 through 64.34.376 apply to the conduct of the
affairs of a subassociation.
(5) Notwithstanding the provisions of RCW
64.34.308(6) with respect to the election of the board of
directors of an association by all unit owners after the period
of declarant control ends, the board of directors of the subassociation shall be elected after the period of declarant control
by the unit owners of all of the units in the condominium subject to the subassociation.
(6) The declaration of the condominium creating the subassociation may provide that the authority of the board of
directors of the subassociation is exclusive with regard to the
powers and responsibilities delegated to it. In the alternative,
the declaration may provide as to some or all such powers
that the authority of the board of directors of a subassociation
is concurrent with and subject to the authority of the board of
directors of the unit owners’ association, in which case the
declaration shall also contain standards and procedures for
the review of the decisions of the board of directors of the
subassociation and procedures for resolving any dispute
between the board of the unit owners’ association and the
board of the subassociation. [1992 c 220 § 13.]
64.34.280 Merger or consolidation. (1) Any two or
more condominiums, by agreement of the unit owners as provided in subsection (2) of this section, may be merged or consolidated into a single condominium. In the event of a merger
or consolidation, unless the agreement otherwise provides,
the resultant condominium is, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single
association which shall hold all powers, rights, obligations,
assets, and liabilities of all preexisting associations.
(2) An agreement of two or more condominiums to
merge or consolidate pursuant to subsection (1) of this section must be evidenced by an agreement prepared, executed,
recorded, and certified by the president of the association of
each of the preexisting condominiums following approval by
owners of units to which are allocated the percentage of votes
in each condominium required to terminate that condominium. Any such agreement must be recorded in every county
in which a portion of the condominium is located and is not
effective until recorded.
(3) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new
64.34.280
[Title 64 RCW—page 32]
association among the units of the resultant condominium
either (a) by stating the reallocations or the formulas upon
which they are based or (b) by stating the portion of overall
allocated interests of the new condominium which are allocated to all of the units comprising each of the preexisting
condominiums, and providing that the percentages allocated
to each unit formerly comprising a part of the preexisting
condominium in such portion must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominium.
(4) All merged or consolidated condominiums under this
section shall comply with this chapter. [1989 c 43 § 2-121.]
ARTICLE 3
MANAGEMENT OF CONDOMINIUM
64.34.300 Unit owners’ association—Organization.
A unit owners’ association shall be organized no later than
the date the first unit in the condominium is conveyed. The
membership of the association at all times shall consist exclusively of all the unit owners. Following termination of the
condominium, the membership of the association shall consist of all of the unit owners at the time of termination entitled
to distributions of proceeds under RCW 64.34.268 or their
heirs, successors, or assigns. The association shall be organized as a profit or nonprofit corporation. In case of any conflict between Title 23B RCW, the business corporation act,
chapter 24.03 RCW, the nonprofit corporation act, or chapter
24.06 RCW, the nonprofit miscellaneous and mutual corporations act, and this chapter, this chapter shall control. [1992
c 220 § 14; 1989 c 43 § 3-101.]
64.34.300
64.34.304 Unit owners’ association—Powers. (1)
Except as provided in subsection (2) of this section, and subject to the provisions of the declaration, the association may:
(a) Adopt and amend bylaws, rules, and regulations;
(b) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for
common expenses from unit owners;
(c) Hire and discharge or contract with managing agents
and other employees, agents, and independent contractors;
(d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or
two or more unit owners on matters affecting the condominium;
(e) Make contracts and incur liabilities;
(f) Regulate the use, maintenance, repair, replacement,
and modification of common elements;
(g) Cause additional improvements to be made as a part
of the common elements;
(h) Acquire, hold, encumber, and convey in its own
name any right, title, or interest to real or personal property,
but common elements may be conveyed or subjected to a
security interest only pursuant to RCW 64.34.348;
(i) Grant easements, leases, licenses, and concessions
through or over the common elements and petition for or consent to the vacation of streets and alleys;
(j) Impose and collect any payments, fees, or charges for
the use, rental, or operation of the common elements, other
than limited common elements described in RCW 64.34.204
(2) and (4), and for services provided to unit owners;
64.34.304
(2006 Ed.)
Condominium Act
(k) Impose and collect charges for late payment of
assessments pursuant to RCW 64.34.364(13) and, after
notice and an opportunity to be heard by the board of directors or by such representative designated by the board of
directors and in accordance with such procedures as provided
in the declaration or bylaws or rules and regulations adopted
by the board of directors, levy reasonable fines in accordance
with a previously established schedule thereof adopted by the
board of directors and furnished to the owners for violations
of the declaration, bylaws, and rules and regulations of the
association;
(l) Impose and collect reasonable charges for the preparation and recording of amendments to the declaration, resale
certificates required by RCW 64.34.425, and statements of
unpaid assessments;
(m) Provide for the indemnification of its officers and
board of directors and maintain directors’ and officers’ liability insurance;
(n) Assign its right to future income, including the right
to receive common expense assessments, but only to the
extent the declaration provides;
(o) Join in a petition for the establishment of a parking
and business improvement area, participate in the rate payers’
board or other advisory body set up by the legislative authority for operation of a parking and business improvement area,
and pay special assessments levied by the legislative authority on a parking and business improvement area encompassing the condominium property for activities and projects
which benefit the condominium directly or indirectly;
(p) Exercise any other powers conferred by the declaration or bylaws;
(q) Exercise all other powers that may be exercised in
this state by the same type of corporation as the association;
and
(r) Exercise any other powers necessary and proper for
the governance and operation of the association.
(2) The declaration may not impose limitations on the
power of the association to deal with the declarant which are
more restrictive than the limitations imposed on the power of
the association to deal with other persons. [1993 c 429 § 11;
1990 c 166 § 3; 1989 c 43 § 3-102.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.308
64.34.308 Board of directors and officers. (1) Except
as provided in the declaration, the bylaws, subsection (2) of
this section, or other provisions of this chapter, the board of
directors shall act in all instances on behalf of the association.
In the performance of their duties, the officers and members
of the board of directors are required to exercise: (a) If
appointed by the declarant, the care required of fiduciaries of
the unit owners; or (b) if elected by the unit owners, ordinary
and reasonable care.
(2) The board of directors shall not act on behalf of the
association to amend the declaration in any manner that
requires the vote or approval of the unit owners pursuant to
RCW 64.34.264, to terminate the condominium pursuant to
RCW 64.34.268, or to elect members of the board of directors or determine the qualifications, powers, and duties, or
terms of office of members of the board of directors pursuant
to subsection (6) of this section; but the board of directors
(2006 Ed.)
64.34.308
may fill vacancies in its membership for the unexpired portion of any term.
(3) Within thirty days after adoption of any proposed
budget for the condominium, the board of directors shall provide a summary of the budget to all the unit owners and shall
set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than sixty
days after mailing of the summary. Unless at that meeting the
owners of units to which a majority of the votes in the association are allocated or any larger percentage specified in the
declaration reject the budget, the budget is ratified, whether
or not a quorum is present. In the event the proposed budget
is rejected or the required notice is not given, the periodic
budget last ratified by the unit owners shall be continued until
such time as the unit owners ratify a subsequent budget proposed by the board of directors.
(4)(a) Subject to subsection (5) of this section, the declaration may provide for a period of declarant control of the
association, during which period a declarant, or persons designated by the declarant, may: (i) Appoint and remove the
officers and members of the board of directors; or (ii) veto or
approve a proposed action of the board or association. A
declarant’s failure to veto or approve such proposed action in
writing within thirty days after receipt of written notice of the
proposed action shall be deemed approval by the declarant.
(b) Regardless of the period provided in the declaration,
a period of declarant control terminates no later than the earlier of: (i) Sixty days after conveyance of seventy-five percent of the units which may be created to unit owners other
than a declarant; (ii) two years after the last conveyance or
transfer of record of a unit except as security for a debt; (iii)
two years after any development right to add new units was
last exercised; or (iv) the date on which the declarant records
an amendment to the declaration pursuant to which the
declarant voluntarily surrenders the right to further appoint
and remove officers and members of the board of directors. A
declarant may voluntarily surrender the right to appoint and
remove officers and members of the board of directors before
termination of that period pursuant to (i), (ii), and (iii) of this
subsection (4)(b), but in that event the declarant may require,
for the duration of the period of declarant control, that specified actions of the association or board of directors, as
described in a recorded instrument executed by the declarant,
be approved by the declarant before they become effective.
(5) Not later than sixty days after conveyance of twentyfive percent of the units which may be created to unit owners
other than a declarant, at least one member and not less than
twenty-five percent of the members of the board of directors
must be elected by unit owners other than the declarant. Not
later than sixty days after conveyance of fifty percent of the
units which may be created to unit owners other than a
declarant, not less than thirty-three and one-third percent of
the members of the board of directors must be elected by unit
owners other than the declarant.
(6) Within thirty days after the termination of any period
of declarant control, the unit owners shall elect a board of
directors of at least three members, at least a majority of
whom must be unit owners. The number of directors need not
exceed the number of units then in the condominium. The
board of directors shall elect the officers. Such members of
[Title 64 RCW—page 33]
64.34.312
Title 64 RCW: Real Property and Conveyances
the board of directors and officers shall take office upon election.
(7) Notwithstanding any provision of the declaration or
bylaws to the contrary, the unit owners, by a two-thirds vote
of the voting power in the association present and entitled to
vote at any meeting of the unit owners at which a quorum is
present, may remove any member of the board of directors
with or without cause, other than a member appointed by the
declarant. The declarant may not remove any member of the
board of directors elected by the unit owners. Prior to the termination of the period of declarant control, the unit owners,
other than the declarant, may remove by a two-thirds vote,
any director elected by the unit owners. [1992 c 220 § 15;
1989 c 43 § 3-103.]
64.34.312 Control of association—Transfer. (1)
Within sixty days after the termination of the period of
declarant control provided in RCW 64.34.308(4) or, in the
absence of such period, within sixty days after the first conveyance of a unit in the condominium, the declarant shall
deliver to the association all property of the unit owners and
of the association held or controlled by the declarant including, but not limited to:
(a) The original or a photocopy of the recorded declaration and each amendment to the declaration;
(b) The certificate of incorporation and a copy or duplicate original of the articles of incorporation of the association
as filed with the secretary of state;
(c) The bylaws of the association;
(d) The minute books, including all minutes, and other
books and records of the association;
(e) Any rules and regulations that have been adopted;
(f) Resignations of officers and members of the board
who are required to resign because the declarant is required to
relinquish control of the association;
(g) The financial records, including canceled checks,
bank statements, and financial statements of the association,
and source documents from the time of incorporation of the
association through the date of transfer of control to the unit
owners;
(h) Association funds or the control of the funds of the
association;
(i) All tangible personal property of the association, represented by the declarant to be the property of the association
or ostensibly the property of the association, and an inventory
of the property;
(j) Except for alterations to a unit done by a unit owner
other than the declarant, a copy of the declarant’s plans and
specifications utilized in the construction or remodeling of
the condominium, with a certificate of the declarant or a
licensed architect or engineer that the plans and specifications represent, to the best of their knowledge and belief, the
actual plans and specifications utilized by the declarant in the
construction or remodeling of the condominium;
(k) Insurance policies or copies thereof for the condominium and association;
(l) Copies of any certificates of occupancy that may have
been issued for the condominium;
(m) Any other permits issued by governmental bodies
applicable to the condominium in force or issued within one
year before the date of transfer of control to the unit owners;
64.34.312
[Title 64 RCW—page 34]
(n) All written warranties that are still in effect for the
common elements, or any other areas or facilities which the
association has the responsibility to maintain and repair, from
the contractor, subcontractors, suppliers, and manufacturers
and all owners’ manuals or instructions furnished to the
declarant with respect to installed equipment or building systems;
(o) A roster of unit owners and eligible mortgagees and
their addresses and telephone numbers, if known, as shown
on the declarant’s records and the date of closing of the first
sale of each unit sold by the declarant;
(p) Any leases of the common elements or areas and
other leases to which the association is a party;
(q) Any employment contracts or service contracts in
which the association is one of the contracting parties or service contracts in which the association or the unit owners
have an obligation or a responsibility, directly or indirectly,
to pay some or all of the fee or charge of the person performing the service;
(r) A copy of any qualified warranty issued to the association as provided for in RCW 64.35.505; and
(s) All other contracts to which the association is a party.
(2) Upon the transfer of control to the unit owners, the
records of the association shall be audited as of the date of
transfer by an independent certified public accountant in
accordance with generally accepted auditing standards unless
the unit owners, other than the declarant, by two-thirds vote
elect to waive the audit. The cost of the audit shall be a common expense unless otherwise provided in the declaration.
The accountant performing the audit shall examine supporting documents and records, including the cash disbursements
and related paid invoices, to determine if expenditures were
for association purposes and the billings, cash receipts, and
related records to determine if the declarant was charged for
and paid the proper amount of assessments. [2004 c 201 §
10; 1989 c 43 § 3-104.]
64.34.316 Special declarant rights—Transfer. (1) No
special declarant right, as described in RCW 64.34.020(29),
created or reserved under this chapter may be transferred
except by an instrument evidencing the transfer executed by
the declarant or the declarant’s successor and the transferee is
recorded in every county in which any portion of the condominium is located. Each unit owner shall receive a copy of
the recorded instrument, but the failure to furnish the copy
shall not invalidate the transfer.
(2) Upon transfer of any special declarant right, the liability of a transferor declarant is as follows:
(a) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranty
obligations imposed upon the transferor by this chapter. Lack
of privity does not deprive any unit owner of standing to
maintain an action to enforce any obligation of the transferor.
(b) If a successor to any special declarant right is an affiliate of a declarant as described in RCW 64.34.020(1), the
transferor is jointly and severally liable with the successor for
any obligations or liabilities of the successor relating to the
condominium.
(c) If a transferor retains any special declarant right, but
transfers other special declarant rights to a successor who is
not an affiliate of the declarant, the transferor is liable for any
64.34.316
(2006 Ed.)
Condominium Act
obligations or liabilities imposed on a declarant by this chapter or by the declaration relating to the retained special
declarant rights arising after the transfer.
(d) A transferor has no liability for any act or omission or
any breach of a contractual or warranty obligation arising
from the exercise of a special declarant right by a successor
declarant who is not an affiliate of the transferor.
(3) In case of foreclosure of a mortgage, tax sale, judicial
sale, or sale under bankruptcy code or receivership proceedings of any unit owned by a declarant or real property in a
condominium subject to development rights, a person acquiring title to all the real property being foreclosed or sold succeeds to all special declarant rights related to that real property held by that declarant and to any rights reserved in the
declaration pursuant to RCW 64.34.256 and held by that
declarant to maintain models, sales offices, and signs, unless
such person requests that all or any of such rights not be
transferred. The instrument conveying title shall describe any
special declarant rights not being transferred.
(4) Upon foreclosure of a mortgage, tax sale, judicial
sale, or sale under bankruptcy code or receivership proceedings of all units and other real property in a condominium
owned by a declarant:
(a) The declarant ceases to have any special declarant
rights; and
(b) The period of declarant control as described in RCW
64.34.308(4) terminates unless the judgment or instrument
conveying title provides for transfer of all special declarant
rights held by that declarant to a successor declarant.
(5) The liabilities and obligations of a person who succeeds to special declarant rights are as follows:
(a) A successor to any special declarant right who is an
affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by this chapter or by the declaration;
(b) A successor to any special declarant right, other than
a successor described in (c) or (d) of this subsection, who is
not an affiliate of a declarant is subject to all obligations and
liabilities imposed by this chapter or the declaration:
(i) On a declarant which relate to such successor’s exercise or nonexercise of special declarant rights; or
(ii) On the declarant’s transferor, other than:
(A) Misrepresentations by any previous declarant;
(B) Warranty obligations on improvements made by any
previous declarant or made before the condominium was created;
(C) Breach of any fiduciary obligation by any previous
declarant or the declarant’s appointees to the board of directors; or
(D) Any liability or obligation imposed on the transferor
as a result of the transferor’s acts or omissions after the transfer;
(c) A successor to only a right reserved in the declaration
to maintain models, sales offices, and signs as described in
RCW 64.34.256, if the successor is not an affiliate of a
declarant, may not exercise any other special declarant right
and is not subject to any liability or obligation as a declarant,
except the obligation to provide a public offering statement
and any liability arising as a result thereof;
(d) A successor to all special declarant rights held by the
successor’s transferor who is not an affiliate of that declarant
(2006 Ed.)
64.34.324
and who succeeded to those rights pursuant to a foreclosure,
a deed in lieu of foreclosure, or a judgment or instrument conveying title to units under subsection (3) of this section may
declare his or her intention in a recorded instrument to hold
those rights solely for transfer to another person. Thereafter,
until transferring all special declarant rights to any person
acquiring title to any unit owned by the successor or until
recording an instrument permitting exercise of all those
rights, that successor may not exercise any of those rights
other than any right held by the successor’s transferor to control the board of directors in accordance with the provisions
of RCW 64.34.308(4) for the duration of any period of
declarant control, and any attempted exercise of those rights
is void. So long as a successor declarant may not exercise
special declarant rights under this subsection, the successor is
not subject to any liability or obligation as a declarant other
than liability for the successor’s acts and omissions under
RCW 64.34.308(4);
(e) Nothing in this section subjects any successor to a
special declarant right to any claims against or other obligations of a transferor declarant, other than claims and obligations arising under this chapter or the declaration. [1989 c 43
§ 3-105.]
64.34.320
64.34.320 Contracts and leases—Declarant—Termination. If entered into before the board of directors elected
by the unit owners pursuant to RCW 64.34.308(6) takes
office, (1) any management contract, employment contract,
or lease of recreational or parking areas or facilities, (2) any
other contract or lease between the association and a
declarant or an affiliate of a declarant, or (3) any contract or
lease that is not bona fide or was unconscionable to the unit
owners at the time entered into under the circumstances then
prevailing may be terminated without penalty by the association at any time after the board of directors elected by the unit
owners pursuant to RCW 64.34.308(6) takes office upon not
less than ninety days’ notice to the other party or within such
lesser notice period provided for without penalty in the contract or lease. This section does not apply to any lease, the termination of which would terminate the condominium or
reduce its size, unless the real property subject to that lease
was included in the condominium for the purpose of avoiding
the right of the association to terminate a lease under this section. [1989 c 43 § 3-106.]
64.34.324
64.34.324 Bylaws. (1) Unless provided for in the declaration, the bylaws of the association shall provide for:
(a) The number, qualifications, powers and duties, terms
of office, and manner of electing and removing the board of
directors and officers and filling vacancies;
(b) Election by the board of directors of such officers of
the association as the bylaws specify;
(c) Which, if any, of its powers the board of directors or
officers may delegate to other persons or to a managing
agent;
(d) Which of its officers may prepare, execute, certify,
and record amendments to the declaration on behalf of the
association;
(e) The method of amending the bylaws; and
[Title 64 RCW—page 35]
64.34.328
Title 64 RCW: Real Property and Conveyances
(f) A statement of the standard of care for officers and
members of the board of directors imposed by RCW
64.34.308(1).
(2) Subject to the provisions of the declaration, the
bylaws may provide for any other matters the association
deems necessary and appropriate.
(3) In determining the qualifications of any officer or
director of the association, notwithstanding the provision of
RCW 64.34.020(32) the term "unit owner" in such context
shall, unless the declaration or bylaws otherwise provide, be
deemed to include any director, officer, partner in, or trustee
of any person, who is, either alone or in conjunction with
another person or persons, a unit owner. Any officer or director of the association who would not be eligible to serve as
such if he or she were not a director, officer, partner in, or
trustee of such a person shall be disqualified from continuing
in office if he or she ceases to have any such affiliation with
that person, or if that person would have been disqualified
from continuing in such office as a natural person. [2004 c
201 § 3; 1992 c 220 § 16; 1989 c 43 § 3-107.]
64.34.328
64.34.328 Upkeep of condominium. (1) Except to the
extent provided by the declaration, subsection (2) of this section, or RCW 64.34.352(7), the association is responsible for
maintenance, repair, and replacement of the common elements, including the limited common elements, and each unit
owner is responsible for maintenance, repair, and replacement of the owner’s unit. Each unit owner shall afford to the
association and the other unit owners, and to their agents or
employees, access through the owner’s unit and limited common elements reasonably necessary for those purposes. If
damage is inflicted on the common elements, or on any unit
through which access is taken, the unit owner responsible for
the damage, or the association if it is responsible, shall be liable for the repair thereof.
(2) In addition to the liability that a declarant as a unit
owner has under this chapter, the declarant alone is liable for
all expenses in connection with real property subject to
development rights except that the declaration may provide
that the expenses associated with the operation, maintenance,
repair, and replacement of a common element that the owners
have a right to use shall be paid by the association as a common expense. No other unit owner and no other portion of the
condominium is subject to a claim for payment of those
expenses. Unless the declaration provides otherwise, any
income or proceeds from real property subject to development rights inures to the declarant. [1989 c 43 § 3-108.]
64.34.332
64.34.332 Meetings. A meeting of the association must
be held at least once each year. Special meetings of the association may be called by the president, a majority of the board
of directors, or by unit owners having twenty percent or any
lower percentage specified in the declaration or bylaws of the
votes in the association. Not less than ten nor more than sixty
days in advance of any meeting, the secretary or other officer
specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by first class United States mail to the
mailing address of each unit or to any other mailing address
designated in writing by the unit owner. The notice of any
meeting shall state the time and place of the meeting and the
[Title 64 RCW—page 36]
items on the agenda to be voted on by the members, including
the general nature of any proposed amendment to the declaration or bylaws, changes in the previously approved budget
that result in a change in assessment obligations, and any proposal to remove a director or officer. [1989 c 43 § 3-109.]
64.34.336
64.34.336 Quorums. (1) Unless the bylaws specify a
larger percentage, a quorum is present throughout any meeting of the association if the owners of units to which twentyfive percent of the votes of the association are allocated are
present in person or by proxy at the beginning of the meeting.
(2) Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the board
of directors if persons entitled to cast fifty percent of the
votes on the board of directors are present at the beginning of
the meeting. [1989 c 43 § 3-110.]
64.34.340
64.34.340 Voting—Proxies. (1) If only one of the multiple owners of a unit is present at a meeting of the association
or has delivered a written ballot or proxy to the association
secretary, the owner is entitled to cast all the votes allocated
to that unit. If more than one of the multiple owners are
present or has delivered a written ballot or proxy to the association secretary, the votes allocated to that unit may be cast
only in accordance with the agreement of a majority in interest of the multiple owners, unless the declaration expressly
provides otherwise. There is majority agreement if any one of
the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over
the meeting by any of the other owners of the unit.
(2) Votes allocated to a unit may be cast pursuant to a
proxy duly executed by a unit owner. If a unit is owned by
more than one person, each owner of the unit may vote or
register protest to the casting of votes by the other owners of
the unit through a duly executed proxy. A unit owner may not
revoke a proxy given pursuant to this section except by actual
notice of revocation to the person presiding over a meeting of
the association. A proxy is void if it is not dated or purports
to be revocable without notice. Unless stated otherwise in the
proxy, a proxy terminates eleven months after its date of issuance.
(3) If the declaration requires that votes on specified
matters affecting the condominium be cast by lessees rather
than unit owners of leased units: (a) The provisions of subsections (1) and (2) of this section apply to lessees as if they
were unit owners; (b) unit owners who have leased their units
to other persons may not cast votes on those specified matters; and (c) lessees are entitled to notice of meetings, access
to records, and other rights respecting those matters as if they
were unit owners. Unit owners must also be given notice, in
the manner provided in RCW 64.34.332, of all meetings at
which lessees may be entitled to vote.
(4) No votes allocated to a unit owned by the association
may be cast, and in determining the percentage of votes
required to act on any matter, the votes allocated to units
owned by the association shall be disregarded. [1992 c 220 §
17; 1989 c 43 § 3-111.]
64.34.344
64.34.344 Tort and contract liability. Neither the
association nor any unit owner except the declarant is liable
(2006 Ed.)
Condominium Act
for that declarant’s torts in connection with any part of the
condominium which that declarant has the responsibility to
maintain. Otherwise, an action alleging a wrong done by the
association must be brought against the association and not
against any unit owner or any officer or director of the association. Unless the wrong was done by a unit owner other
than the declarant, if the wrong by the association occurred
during any period of declarant control and the association
gives the declarant reasonable notice of and an opportunity to
defend against the action, the declarant who then controlled
the association is liable to the association or to any unit
owner: (1) For all tort losses not covered by insurance suffered by the association or that unit owner; and (2) for all
costs which the association would not have incurred but for a
breach of contract or other wrongful act or omission by the
association. If the declarant does not defend the action and is
determined to be liable to the association under this section,
the declarant is also liable for all litigation expenses, including reasonable attorneys’ fees, incurred by the association in
such defense. Any statute of limitations affecting the association’s right of action under this section is tolled until the
period of declarant control terminates. A unit owner is not
precluded from bringing an action contemplated by this section because he or she is a unit owner or a member or officer
of the association. Liens resulting from judgments against the
association are governed by RCW 64.34.368. [1989 c 43 § 3112.]
64.34.348
64.34.348 Common elements—Conveyance—
Encumbrance. (1) Portions of the common elements which
are not necessary for the habitability of a unit may be conveyed or subjected to a security interest by the association if
the owners of units to which at least eighty percent of the
votes in the association are allocated, including eighty percent of the votes allocated to units not owned by a declarant
or an affiliate of a declarant, or any larger percentage the declaration specifies, agree to that action; but all the owners of
units to which any limited common element is allocated must
agree in order to convey that limited common element or subject it to a security interest. The declaration may specify a
smaller percentage, but not less than sixty-seven percent of
the votes not held by a declarant or an affiliate of a declarant,
only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale or financing are an asset of
the association. The declaration may provide for a special
allocation or distribution of the proceeds of the sale or refinancing of a limited common element.
(2) An agreement to convey common elements or subject
them to a security interest must be evidenced by the execution of an agreement, or ratifications thereof, in the same
manner as a deed, by the requisite number of unit owners.
The agreement must specify a date after which the agreement
will be void unless recorded before that date. The agreement
and all ratifications thereof must be recorded in every county
in which a portion of the condominium is situated and is
effective only upon recording.
(3) The association, on behalf of the unit owners, may
contract to convey common elements or subject them to a
security interest, but the contract is not enforceable against
the association until approved pursuant to subsections (1) and
(2) of this section. Thereafter, the association has all powers
(2006 Ed.)
64.34.352
necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.
(4) Any purported conveyance, encumbrance, or other
voluntary transfer of common elements, unless made pursuant to this section, is void.
(5) A conveyance or encumbrance of common elements
pursuant to this section shall not deprive any unit of its rights
of access and support.
(6) A conveyance or encumbrance of common elements
pursuant to this section shall not affect the priority or validity
of preexisting encumbrances. [1989 c 43 § 3-113.]
64.34.352
64.34.352 Insurance. (1) Commencing not later than
the time of the first conveyance of a unit to a person other
than a declarant, the association shall maintain, to the extent
reasonably available:
(a) Property insurance on the condominium, which may,
but need not, include equipment, improvements, and betterments in a unit installed by the declarant or the unit owners,
insuring against all risks of direct physical loss commonly
insured against. The total amount of insurance after application of any deductibles shall be not less than eighty percent,
or such greater amount specified in the declaration, of the
actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land,
excavations, foundations, and other items normally excluded
from property policies; and
(b) Liability insurance, including medical payments
insurance, in an amount determined by the board of directors
but not less than the amount specified in the declaration, covering all occurrences commonly insured against for death,
bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements.
(2) If the insurance described in subsection (1) of this
section is not reasonably available, or is modified, canceled,
or not renewed, the association promptly shall cause notice of
that fact to be hand-delivered or sent prepaid by first class
United States mail to all unit owners, to each eligible mortgagee, and to each mortgagee to whom a certificate or memorandum of insurance has been issued at their respective last
known addresses. The declaration may require the association to carry any other insurance, and the association in any
event may carry any other insurance it deems appropriate to
protect the association or the unit owners.
(3) Insurance policies carried pursuant to subsection (1)
of this section shall provide that:
(a) Each unit owner is an insured person under the policy
with respect to liability arising out of the owner’s interest in
the common elements or membership in the association;
(b) The insurer waives its right to subrogation under the
policy against any unit owner, member of the owner’s household, and lessee of the owner;
(c) No act or omission by any unit owner, unless acting
within the scope of the owner’s authority on behalf of the
association, will void the policy or be a condition to recovery
under the policy; and
(d) If, at the time of a loss under the policy, there is other
insurance in the name of a unit owner covering the same risk
[Title 64 RCW—page 37]
64.34.354
Title 64 RCW: Real Property and Conveyances
covered by the policy, the association’s policy provides primary insurance.
(4) Any loss covered by the property insurance under
subsection (1)(a) of this section must be adjusted with the
association, but the insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or
otherwise to the association, and not to any holder of a mortgage. The insurance trustee or the association shall hold any
insurance proceeds in trust for unit owners and lienholders as
their interests may appear. Subject to the provisions of subsection (7) of this section, the proceeds must be disbursed
first for the repair or restoration of the damaged property, and
unit owners and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus
of proceeds after the property has been completely repaired
or restored or the condominium is terminated.
(5) An insurance policy issued to the association does
not prevent a unit owner from obtaining insurance for the
owner’s own benefit.
(6) An insurer that has issued an insurance policy under
this section shall issue certificates or memoranda of insurance to the association and, upon written request, to any unit
owner or holder of a mortgage. The insurer issuing the policy
may not modify the amount or the extent of the coverage of
the policy or cancel or refuse to renew the policy unless the
insurer has complied with all applicable provisions of chapter
48.18 RCW pertaining to the cancellation or nonrenewal of
contracts of insurance. The insurer shall not modify the
amount or the extent of the coverage of the policy, or cancel
or refuse to renew the policy without complying with this
section.
(7) Any portion of the condominium for which insurance
is required under this section which is damaged or destroyed
shall be repaired or replaced promptly by the association
unless: (a) The condominium is terminated; (b) repair or
replacement would be illegal under any state or local health
or safety statute or ordinance; or (c) eighty percent of the unit
owners, including every owner of a unit or assigned limited
common element which will not be rebuilt, vote not to
rebuild. The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense. If all of the
damaged or destroyed portions of the condominium are not
repaired or replaced: (i) The insurance proceeds attributable
to the damaged common elements shall be used to restore the
damaged area to a condition compatible with the remainder
of the condominium; (ii) the insurance proceeds attributable
to units and limited common elements which are not rebuilt
shall be distributed to the owners of those units and the owners of the units to which those limited common elements were
allocated, or to lienholders, as their interests may appear; and
(iii) the remainder of the proceeds shall be distributed to all
the unit owners or lienholders, as their interests may appear,
in proportion to the common element interests of all the units.
If the unit owners vote not to rebuild any unit, that unit’s allocated interests are automatically reallocated upon the vote as
if the unit had been condemned under RCW 64.34.060(1),
and the association promptly shall prepare, execute, and
record an amendment to the declaration reflecting the reallocations. Notwithstanding the provisions of this subsection,
RCW 64.34.268 governs the distribution of insurance proceeds if the condominium is terminated.
[Title 64 RCW—page 38]
(8) The provisions of this section may be varied or
waived as provided in the declaration if all units of a condominium are restricted to nonresidential use. [1992 c 220 § 18;
1990 c 166 § 4; 1989 c 43 § 3-114.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.354
64.34.354 Insurance—Conveyance. Promptly upon
the conveyance of a unit, the new unit owner shall notify the
association of the date of the conveyance and the unit
owner’s name and address. The association shall notify each
insurance company that has issued an insurance policy to the
association for the benefit of the owners under RCW
64.34.352 of the name and address of the new owner and
request that the new owner be made a named insured under
such policy. [1990 c 166 § 8.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.356
64.34.356 Surplus funds. Unless otherwise provided in
the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and
any prepayment of reserves shall, in the discretion of the
board of directors, either be paid to the unit owners in proportion to their common expense liabilities or credited to them to
reduce their future common expense assessments. [1989 c 43
§ 3-115.]
64.34.360
64.34.360 Common expenses—Assessments. (1)
Until the association makes a common expense assessment,
the declarant shall pay all common expenses. After any
assessment has been made by the association, assessments
must be made against all units, based on a budget adopted by
the association.
(2) Except for assessments under subsections (3), (4),
and (5) of this section, all common expenses must be
assessed against all the units in accordance with the allocations set forth in the declaration pursuant to RCW
64.34.224(1). Any past due common expense assessment or
installment thereof bears interest at the rate established by the
association pursuant to RCW 64.34.364.
(3) To the extent required by the declaration:
(a) Any common expense associated with the operation,
maintenance, repair, or replacement of a limited common element shall be paid by the owner of or assessed against the
units to which that limited common element is assigned,
equally, or in any other proportion that the declaration provides;
(b) Any common expense or portion thereof benefiting
fewer than all of the units must be assessed exclusively
against the units benefited;
(c) The costs of insurance must be assessed in proportion
to risk; and
(d) The costs of utilities must be assessed in proportion
to usage.
(4) Assessments to pay a judgment against the association pursuant to RCW 64.34.368(1) may be made only
against the units in the condominium at the time the judgment
was entered in proportion to their allocated common expense
liabilities at the time the judgment was entered.
(2006 Ed.)
Condominium Act
(5) To the extent that any common expense is caused by
the misconduct of any unit owner, the association may assess
that expense against the owner’s unit.
(6) If common expense liabilities are reallocated, common expense assessments and any installment thereof not yet
due shall be recalculated in accordance with the reallocated
common expense liabilities. [1990 c 166 § 5; 1989 c 43 § 3116.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.364
64.34.364 Lien for assessments. (1) The association
has a lien on a unit for any unpaid assessments levied against
a unit from the time the assessment is due.
(2) A lien under this section shall be prior to all other
liens and encumbrances on a unit except: (a) Liens and
encumbrances recorded before the recording of the declaration; (b) a mortgage on the unit recorded before the date on
which the assessment sought to be enforced became delinquent; and (c) liens for real property taxes and other governmental assessments or charges against the unit. A lien under
this section is not subject to the provisions of chapter 6.13
RCW.
(3) Except as provided in subsections (4) and (5) of this
section, the lien shall also be prior to the mortgages described
in subsection (2)(b) of this section to the extent of assessments for common expenses, excluding any amounts for capital improvements, based on the periodic budget adopted by
the association pursuant to RCW 64.34.360(1) which would
have become due during the six months immediately preceding the date of a sheriff’s sale in an action for judicial foreclosure by either the association or a mortgagee, the date of a
trustee’s sale in a nonjudicial foreclosure by a mortgagee, or
the date of recording of the declaration of forfeiture in a proceeding by the vendor under a real estate contract.
(4) The priority of the association’s lien against units
encumbered by a mortgage held by an eligible mortgagee or
by a mortgagee which has given the association a written
request for a notice of delinquent assessments shall be
reduced by up to three months if and to the extent that the lien
priority under subsection (3) of this section includes delinquencies which relate to a period after such holder becomes
an eligible mortgagee or has given such notice and before the
association gives the holder a written notice of the delinquency. This subsection does not affect the priority of
mechanics’ or materialmen’s liens, or the priority of liens for
other assessments made by the association.
(5) If the association forecloses its lien under this section
nonjudicially pursuant to chapter 61.24 RCW, as provided by
subsection (9) of this section, the association shall not be
entitled to the lien priority provided for under subsection (3)
of this section.
(6) Unless the declaration otherwise provides, if two or
more associations have liens for assessments created at any
time on the same real estate, those liens have equal priority.
(7) Recording of the declaration constitutes record notice
and perfection of the lien for assessments. While no further
recording of any claim of lien for assessment under this section shall be required to perfect the association’s lien, the
association may record a notice of claim of lien for assessments under this section in the real property records of any
(2006 Ed.)
64.34.364
county in which the condominium is located. Such recording
shall not constitute the written notice of delinquency to a
mortgagee referred to in subsection (2) of this section.
(8) A lien for unpaid assessments and the personal liability for payment of assessments is extinguished unless proceedings to enforce the lien or collect the debt are instituted
within three years after the amount of the assessments sought
to be recovered becomes due.
(9) The lien arising under this section may be enforced
judicially by the association or its authorized representative
in the manner set forth in chapter 61.12 RCW. The lien arising under this section may be enforced nonjudicially in the
manner set forth in chapter 61.24 RCW for nonjudicial foreclosure of deeds of trust if the declaration (a) contains a grant
of the condominium in trust to a trustee qualified under RCW
61.24.010 to secure the obligations of the unit owners to the
association for the payment of assessments, (b) contains a
power of sale, (c) provides in its terms that the units are not
used principally for agricultural or farming purposes, and (d)
provides that the power of sale is operative in the case of a
default in the obligation to pay assessments. The association
or its authorized representative shall have the power, unless
prohibited by the declaration, to purchase the unit at the foreclosure sale and to acquire, hold, lease, mortgage, or convey
the same. Upon an express waiver in the complaint of any
right to a deficiency judgment in a judicial foreclosure action,
the period of redemption shall be eight months. Nothing in
this section shall prohibit an association from taking a deed in
lieu of foreclosure.
(10) From the time of commencement of an action by the
association to foreclose a lien for nonpayment of delinquent
assessments against a unit that is not occupied by the owner
thereof, the association shall be entitled to the appointment of
a receiver to collect from the lessee thereof the rent for the
unit as and when due. If the rental is not paid, the receiver
may obtain possession of the unit, refurbish it for rental up to
a reasonable standard for rental units in this type of condominium, rent the unit or permit its rental to others, and apply
the rents first to the cost of the receivership and attorneys’
fees thereof, then to the cost of refurbishing the unit, then to
applicable charges, then to costs, fees, and charges of the
foreclosure action, and then to the payment of the delinquent
assessments. Only a receiver may take possession and collect
rents under this subsection, and a receiver shall not be
appointed less than ninety days after the delinquency. The
exercise by the association of the foregoing rights shall not
affect the priority of preexisting liens on the unit.
(11) Except as provided in subsection (3) of this section,
the holder of a mortgage or other purchaser of a unit who
obtains the right of possession of the unit through foreclosure
shall not be liable for assessments or installments thereof that
became due prior to such right of possession. Such unpaid
assessments shall be deemed to be common expenses collectible from all the unit owners, including such mortgagee or
other purchaser of the unit. Foreclosure of a mortgage does
not relieve the prior owner of personal liability for assessments accruing against the unit prior to the date of such sale
as provided in this subsection.
(12) In addition to constituting a lien on the unit, each
assessment shall be the joint and several obligation of the
owner or owners of the unit to which the same are assessed as
[Title 64 RCW—page 39]
64.34.368
Title 64 RCW: Real Property and Conveyances
of the time the assessment is due. In a voluntary conveyance,
the grantee of a unit shall be jointly and severally liable with
the grantor for all unpaid assessments against the grantor up
to the time of the grantor’s conveyance, without prejudice to
the grantee’s right to recover from the grantor the amounts
paid by the grantee therefor. Suit to recover a personal judgment for any delinquent assessment shall be maintainable in
any court of competent jurisdiction without foreclosing or
waiving the lien securing such sums.
(13) The association may from time to time establish reasonable late charges and a rate of interest to be charged on all
subsequent delinquent assessments or installments thereof. In
the absence of another established nonusurious rate, delinquent assessments shall bear interest from the date of delinquency at the maximum rate permitted under RCW
19.52.020 on the date on which the assessments became
delinquent.
(14) The association shall be entitled to recover any costs
and reasonable attorneys’ fees incurred in connection with
the collection of delinquent assessments, whether or not such
collection activities result in suit being commenced or prosecuted to judgment. In addition, the association shall be entitled to recover costs and reasonable attorneys’ fees if it prevails on appeal and in the enforcement of a judgment.
(15) The association upon written request shall furnish to
a unit owner or a mortgagee a statement signed by an officer
or authorized agent of the association setting forth the
amount of unpaid assessments against that unit. The statement shall be furnished within fifteen days after receipt of the
request and is binding on the association, the board of directors, and every unit owner, unless and to the extent known by
the recipient to be false.
(16) To the extent not inconsistent with this section, the
declaration may provide for such additional remedies for collection of assessments as may be permitted by law. [1990 c
166 § 6; 1989 c 43 § 3-117.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.368
64.34.368 Liens—General provisions. (1) Except as
provided in subsection (2) of this section, a judgment for
money against the association perfected under RCW
4.64.020 is a lien in favor of the judgment lienholder against
all of the units in the condominium and their interest in the
common elements at the time the judgment was entered. No
other property of a unit owner is subject to the claims of creditors of the association.
(2) If the association has granted a security interest in the
common elements to a creditor of the association pursuant to
RCW 64.34.348, the holder of that security interest shall
exercise its right first against such common elements before
its judgment lien on any unit may be enforced.
(3) Whether perfected before or after the creation of the
condominium, if a lien other than a mortgage, including a
judgment lien or lien attributable to work performed or materials supplied before creation of the condominium, becomes
effective against two or more units, the unit owner of an
affected unit may pay to the lienholder the amount of the lien
attributable to the owner’s unit, and the lienholder, upon
receipt of payment, promptly shall deliver a release of the
lien covering that unit. The amount of the payment must be
[Title 64 RCW—page 40]
proportionate to the ratio which that unit owner’s allocated
common expense liability bears to the allocated common
expense liabilities of all unit owners whose units are subject
to the lien. After payment, the association may not assess or
have a lien against that unit owner’s unit for any portion of
the common expenses incurred in connection with that lien.
(4) A judgment against the association shall be filed in
the name of the condominium and the association and, when
so filed, is notice of the lien against the units. [1989 c 43 § 3118.]
64.34.372
64.34.372 Association records—Funds. (1) The association shall keep financial records sufficiently detailed to
enable the association to comply with RCW 64.34.425. All
financial and other records of the association, including but
not limited to checks, bank records, and invoices, are the
property of the association, but shall be made reasonably
available for examination and copying by the manager of the
association, any unit owner, or the owner’s authorized agents.
At least annually, the association shall prepare, or cause to be
prepared, a financial statement of the association in accordance with generally accepted accounting principles. The
financial statements of condominiums consisting of fifty or
more units shall be audited at least annually by a certified
public accountant. In the case of a condominium consisting
of fewer than fifty units, an annual audit is also required but
may be waived annually by unit owners other than the
declarant of units to which sixty percent of the votes are allocated, excluding the votes allocated to units owned by the
declarant.
(2) The funds of an association shall be kept in accounts
in the name of the association and shall not be commingled
with the funds of any other association, nor with the funds of
any manager of the association or any other person responsible for the custody of such funds. Any reserve funds of an
association shall be kept in a segregated account and any
transaction affecting such funds, including the issuance of
checks, shall require the signature of at least two persons who
are officers or directors of the association. [1992 c 220 § 19;
1990 c 166 § 7; 1989 c 43 § 3-119.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.376
64.34.376 Association as trustee. With respect to a
third person dealing with the association in the association’s
capacity as a trustee, the existence of trust powers and their
proper exercise by the association may be assumed without
inquiry. A third person is not bound to inquire whether the
association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge
that the association is exceeding or improperly exercising its
powers, is fully protected in dealing with the association as if
it possessed and properly exercised the powers it purports to
exercise. A third person is not bound to assure the proper
application of trust assets paid or delivered to the association
in its capacity as trustee. [1989 c 43 § 3-120.]
(2006 Ed.)
Condominium Act
ARTICLE 4
PROTECTION OF CONDOMINIUM PURCHASERS
64.34.400
64.34.400 Applicability—Waiver. (1) This article
applies to all units subject to this chapter, except as provided
in subsection (2) of this section and unless and to the extent
otherwise agreed to in writing by the seller and purchasers of
those units that are restricted to nonresidential use in the declaration.
(2) This article shall not apply in the case of:
(a) A conveyance by gift, devise, or descent;
(b) A conveyance pursuant to court order;
(c) A disposition by a government or governmental
agency;
(d) A conveyance by foreclosure;
(e) A disposition of all of the units in a condominium in
a single transaction;
(f) A disposition to other than a purchaser as defined in
RCW 64.34.020(26); or
(g) A disposition that may be canceled at any time and
for any reason by the purchaser without penalty. [1992 c 220
§ 20; 1990 c 166 § 9; 1989 c 43 § 4-101.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.405
64.34.405 Public offering statement—Requirements—Liability. (1) Except as provided in subsection (2)
of this section or when no public offering statement is
required, a declarant shall prepare a public offering statement
conforming to the requirements of RCW 64.34.410 and
64.34.415.
(2) A declarant may transfer responsibility for preparation of all or a part of the public offering statement to a successor declarant pursuant to RCW 64.34.316 or to a dealer
who intends to offer units in the condominium for the person’s own account.
(3) Any declarant or dealer who offers a unit for the person’s own account to a purchaser shall deliver a public offering statement in the manner prescribed in RCW 64.34.420(1).
Any agent, attorney, or other person assisting the declarant or
dealer in preparing the public offering statement may rely
upon information provided by the declarant or dealer without
independent investigation. The agent, attorney, or other person shall not be liable for any material misrepresentation in or
omissions of material facts from the public offering statement
unless the person had actual knowledge of the misrepresentation or omission at the time the public offering statement was
prepared. The declarant or dealer shall be liable for any misrepresentation contained in the public offering statement or
for any omission of material fact therefrom if the declarant or
dealer had actual knowledge of the misrepresentation or
omission or, in the exercise of reasonable care, should have
known of the misrepresentation or omission.
(4) If a unit is part of a condominium and is part of
another real property regime in connection with the sale of
which the delivery of a public offering statement is required
under the laws of this state, a single public offering statement,
conforming to the requirements of RCW 64.34.410 and
64.34.415 as those requirements relate to all real property
regimes in which the unit is located and conforming to any
other requirements imposed under the laws of this state, may
(2006 Ed.)
64.34.410
be prepared and delivered in lieu of providing two or more
public offering statements. [1989 c 43 § 4-102.]
64.34.410 Public offering statement—General provisions. (1) A public offering statement shall contain the following information:
(a) The name and address of the condominium;
(b) The name and address of the declarant;
(c) The name and address of the management company,
if any;
(d) The relationship of the management company to the
declarant, if any;
(e) A list of up to the five most recent condominium
projects completed by the declarant or an affiliate of the
declarant within the past five years, including the names of
the condominiums, their addresses, and the number of existing units in each. For the purpose of this section, a condominium is "completed" when any one unit therein has been
rented or sold;
(f) The nature of the interest being offered for sale;
(g) A brief description of the permitted uses and use
restrictions pertaining to the units and the common elements;
(h) A brief description of the restrictions, if any, on the
renting or leasing of units by the declarant or other unit owners, together with the rights, if any, of the declarant to rent or
lease at least a majority of units;
(i) The number of existing units in the condominium and
the maximum number of units that may be added to the condominium;
(j) A list of the principal common amenities in the condominium which materially affect the value of the condominium and those that will or may be added to the condominium;
(k) A list of the limited common elements assigned to the
units being offered for sale;
(l) The identification of any real property not in the condominium, the owner of which has access to any of the common elements, and a description of the terms of such access;
(m) The identification of any real property not in the
condominium to which unit owners have access and a
description of the terms of such access;
(n) The status of construction of the units and common
elements, including estimated dates of completion if not completed;
(o) The estimated current common expense liability for
the units being offered;
(p) An estimate of any payment with respect to the common expense liability for the units being offered which will
be due at closing;
(q) The estimated current amount and purpose of any
fees not included in the common expenses and charged by the
declarant or the association for the use of any of the common
elements;
(r) Any assessments which have been agreed to or are
known to the declarant and which, if not paid, may constitute
a lien against any units or common elements in favor of any
governmental agency;
(s) The identification of any parts of the condominium,
other than the units, which any individual owner will have the
responsibility for maintaining;
(t) If the condominium involves a conversion condominium, the information required by RCW 64.34.415;
64.34.410
[Title 64 RCW—page 41]
64.34.415
Title 64 RCW: Real Property and Conveyances
(u) Whether timesharing is restricted or prohibited, and
if restricted, a general description of such restrictions;
(v) A list of all development rights reserved to the
declarant and all special declarant rights reserved to the
declarant, together with the dates such rights must terminate,
and a copy of or reference by recording number to any
recorded transfer of a special declarant right;
(w) A description of any material differences in terms of
furnishings, fixtures, finishes, and equipment between any
model unit available to the purchaser at the time the agreement for sale is executed and the unit being offered;
(x) Any liens on real property to be conveyed to the association required to b e disclosed pur suant to RCW
64.34.435(2)(b);
(y) A list of any physical hazards known to the declarant
which particularly affect the condominium or the immediate
vicinity in which the condominium is located and which are
not readily ascertainable by the purchaser;
(z) A brief description of any construction warranties to
be provided to the purchaser;
(aa) Any building code violation citations received by
the declarant in connection with the condominium which
have not been corrected;
(bb) A statement of any unsatisfied judgments or pending suits against the association, a statement of the status of
any pending suits material to the condominium of which the
declarant has actual knowledge, and a statement of any litigation brought by an owners’ association, unit owner, or governmental entity in which the declarant or any affiliate of the
declarant has been a defendant, arising out of the construction, sale, or administration of any condominium within the
previous five years, together with the results thereof, if
known;
(cc) Any rights of first refusal to lease or purchase any
unit or any of the common elements;
(dd) The extent to which the insurance provided by the
association covers furnishings, fixtures, and equipment
located in the unit;
(ee) A notice which describes a purchaser’s right to cancel the purchase agreement or extend the closing under RCW
64.34.420, including applicable time frames and procedures;
(ff) Any reports or statements required by RCW
64.34.415 or 64.34.440(6)(a). RCW 64.34.415 shall apply to
the public offering statement of a condominium in connection with which a final certificate of occupancy was issued
more than sixty calendar months prior to the preparation of
the public offering statement whether or not the condominium is a conversion condominium as defined in RCW
64.34.020(10);
(gg) A list of the documents which the prospective purchaser is entitled to receive from the declarant before the
rescission period commences;
(hh) A notice which states: A purchaser may not rely on
any representation or express warranty unless it is contained
in the public offering statement or made in writing signed by
the declarant or by any person identified in the public offering statement as the declarant’s agent;
(ii) A notice which states: This public offering statement
is only a summary of some of the significant aspects of purchasing a unit in this condominium and the condominium
documents are complex, contain other important information,
[Title 64 RCW—page 42]
and create binding legal obligations. You should consider
seeking the assistance of legal counsel;
(jj) Any other information and cross-references which
the declarant believes will be helpful in describing the condominium to the recipients of the public offering statement, all
of which may be included or not included at the option of the
declarant;
(kk) A notice that addresses compliance or noncompliance with the housing for older persons act of 1995, P.L. 10476, as enacted on December 28, 1995;
(ll) A notice that is substantially in the form required by
RCW 64.50.050;
(mm) A statement, as required by RCW 64.35.210, as to
whether the units or common elements of the condominium
are covered by a qualified warranty, and a history of claims
under any such warranty; and
(nn) A statement that the building enclosure has been
designed and inspected as required by RCW 64.55.010
through 64.55.090, and, if required, repaired in accordance
with the requirements of RCW 64.55.090.
(2) The public offering statement shall include copies of
each of the following documents: The declaration, the survey
map and plans, the articles of incorporation of the association, bylaws of the association, rules and regulations, if any,
current or proposed budget for the association, the balance
sheet of the association current within ninety days if assessments have been collected for ninety days or more, and the
inspection and repair report or reports prepared in accordance
with the requirements of RCW 64.55.090.
If any of the foregoing documents listed in this subsection are not available because they have not been executed,
adopted, or recorded, drafts of such documents shall be provided with the public offering statement, and, before closing
the sale of a unit, the purchaser shall be given copies of any
material changes between the draft of the proposed documents and the final documents.
(3) The disclosures required by subsection (1)(g), (k),
(s), (u), (v), and (cc) of this section shall also contain a reference to specific sections in the condominium documents
which further explain the information disclosed.
(4) The disclosures required by subsection (1)(ee), (hh),
(ii), and (ll) of this section shall be located at the top of the
first page of the public offering statement and be typed or
printed in ten-point bold face type size.
(5) A declarant shall promptly amend the public offering
statement to reflect any material change in the information
required by this section. [2005 c 456 § 19; 2004 c 201 § 11;
2002 c 323 § 10; 1997 c 400 § 1; 1992 c 220 § 21; 1989 c 43
§ 4-103.]
Captions not law—Effective date—2005 c 456: See RCW 64.55.900
and 64.55.901.
64.34.415
64.34.415 Public offering statement—Conversion
condominiums. (1) The public offering statement of a conversion condominium shall contain, in addition to the information required by RCW 64.34.410:
(a) Either a copy of a report prepared by an independent,
licensed architect or engineer, or a statement by the declarant
based on such report, which report or statement describes, to
the extent reasonably ascertainable, the present condition of
all structural components and mechanical and electrical
(2006 Ed.)
Condominium Act
installations material to the use and enjoyment of the condominium;
(b) A copy of the inspection and repair report prepared
by an independent, licensed architect, engineer, or qualified
building inspector in accordance with the requirements of
RCW 64.55.090;
(c) A statement by the declarant of the expected useful
life of each item reported on in (a) of this subsection or a
statement that no representations are made in that regard; and
(d) A list of any outstanding notices of uncured violations of building code or other municipal regulations,
together with the estimated cost of curing those violations.
Unless the purchaser waives in writing the curing of specific
violations, the extent to which the declarant will cure such
violations prior to the closing of the sale of a unit in the condominium shall be included.
(2) This section applies only to condominiums containing units that may be occupied for residential use. [2005 c
456 § 18; 1992 c 220 § 22; 1990 c 166 § 10; 1989 c 43 § 4104.]
Captions not law—Effective date—2005 c 456: See RCW 64.55.900
and 64.55.901.
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.417
64.34.417 Public offering statement—Use of single
disclosure document. If a unit is offered for sale for which
the delivery of a public offering statement or other disclosure
document is required under the laws of any state or the
United States, a single disclosure document conforming to
the requirements of RCW 64.34.410 and 64.34.415 and conforming to any other requirement imposed under such laws,
may be prepared and delivered in lieu of providing two or
more disclosure documents. [1990 c 166 § 11.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.418
64.34.418 Public offering statement—Contract of
sale—Restriction on interest conveyed. In the case of a
sale of a unit where delivery of a public offering statement is
required, a contract of sale may be executed, but no interest in
that unit may be conveyed until (1) the declaration and survey
map and plans which create the condominium in which that
unit is located are recorded pursuant to RCW 64.34.200 and
64.34.232 and (2) the unit is substantially completed and
available for occupancy, unless the declarant and purchaser
have otherwise specifically agreed in writing as to the extent
to which the unit will not be substantially completed and
available for occupancy at the time of conveyance. [1990 c
166 § 15.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.420
64.34.420 Purchaser’s right to cancel. (1) A person
required to deliver a public offering statement pursuant to
RCW 64.34.405(3) shall provide a purchaser of a unit with a
copy of the public offering statement and all material amendments thereto before conveyance of that unit. Unless a purchaser is given the public offering statement more than seven
days before execution of a contract for the purchase of a unit,
the purchaser, before conveyance, shall have the right to cancel the contract within seven days after first receiving the
public offering statement and, if necessary to have seven days
(2006 Ed.)
64.34.425
to review the public offering statement and cancel the contract, to extend the closing date for conveyance to a date not
more than seven days after first receiving the public offering
statement. The purchaser shall have no right to cancel the
contract upon receipt of an amendment unless the purchaser
would have that right under generally applicable legal principles.
(2) If a purchaser elects to cancel a contract pursuant to
subsection (1) of this section, the purchaser may do so by
hand-delivering notice thereof to the offeror or by mailing
notice thereof by prepaid United States mail to the offeror or
to his or her agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before
cancellation shall be refunded promptly.
(3) If a person required to deliver a public offering statement pursuant to RCW 64.34.405(3) fails to provide a purchaser to whom a unit is conveyed with that public offering
statement and all material amendments thereto as required by
subsection (1) of this section, the purchaser is entitled to
receive from that person an amount equal to the greater of (a)
actual damages, or (b) ten percent of the sales price of the unit
for a willful failure by the declarant or three percent of the
sales price of the unit for any other failure. There shall be no
liability for failure to deliver any amendment unless such
failure would have entitled the purchaser under generally
applicable legal principles to cancel the contract for the purchase of the unit had the undisclosed information been evident to the purchaser before the closing of the purchase.
[1989 c 43 § 4-106.]
64.34.425
64.34.425 Resale of unit. (1) Except in the case of a
sale where delivery of a public offering statement is required,
or unless exempt under RCW 64.34.400(2), a unit owner
shall furnish to a purchaser before execution of any contract
for sale of a unit, or otherwise before conveyance, a resale
certificate, signed by an officer or authorized agent of the
association and based on the books and records of the association and the actual knowledge of the person signing the certificate, containing:
(a) A statement disclosing any right of first refusal or
other restraint on the free alienability of the unit contained in
the declaration;
(b) A statement setting forth the amount of the monthly
common expense assessment and any unpaid common
expense or special assessment currently due and payable
from the selling unit owner and a statement of any special
assessments that have been levied against the unit which have
not been paid even though not yet due;
(c) A statement, which shall be current to within fortyfive days, of any common expenses or special assessments
against any unit in the condominium that are past due over
thirty days;
(d) A statement, which shall be current to within fortyfive days, of any obligation of the association which is past
due over thirty days;
(e) A statement of any other fees payable by unit owners;
(f) A statement of any anticipated repair or replacement
cost in excess of five percent of the annual budget of the association that has been approved by the board of directors;
[Title 64 RCW—page 43]
64.34.430
Title 64 RCW: Real Property and Conveyances
(g) A statement of the amount of any reserves for repair
or replacement and of any portions of those reserves currently
designated by the association for any specified projects;
(h) The annual financial statement of the association,
including the audit report if it has been prepared, for the year
immediately preceding the current year;
(i) A balance sheet and a revenue and expense statement
of the association prepared on an accrual basis, which shall
be current to within one hundred twenty days;
(j) The current operating budget of the association;
(k) A statement of any unsatisfied judgments against the
association and the status of any pending suits or legal proceedings in which the association is a plaintiff or defendant;
(l) A statement describing any insurance coverage provided for the benefit of unit owners;
(m) A statement as to whether there are any alterations or
improvements to the unit or to the limited common elements
assigned thereto that violate any provision of the declaration;
(n) A statement of the number of units, if any, still owned
by the declarant, whether the declarant has transferred control
of the association to the unit owners, and the date of such
transfer;
(o) A statement as to whether there are any violations of
the health or building codes with respect to the unit, the limited common elements assigned thereto, or any other portion
of the condominium;
(p) A statement of the remaining term of any leasehold
estate affecting the condominium and the provisions governing any extension or renewal thereof;
(q) A copy of the declaration, the bylaws, the rules or
regulations of the association, and any other information reasonably requested by mortgagees of prospective purchasers
of units. Information requested generally by the federal
national mortgage association, the federal home loan bank
board, the government national mortgage association, the
veterans administration and the department of housing and
urban development shall be deemed reasonable, provided
such information is reasonably available to the association;
and
(r) A statement, as required by RCW 64.35.210, as to
whether the units or common elements of the condominium
are covered by a qualified warranty, and a history of claims
under any such warranty.
(2) The association, within ten days after a request by a
unit owner, and subject to payment of any fee imposed pursuant to RCW 64.34.304(1)(l), shall furnish a resale certificate
signed by an officer or authorized agent of the association
and containing the information necessary to enable the unit
owner to comply with this section. For the purposes of this
chapter, a reasonable charge for the preparation of a resale
certificate may not exceed one hundred fifty dollars. The
association may charge a unit owner a nominal fee for updating a resale certificate within six months of the unit owner’s
request. The unit owner shall also sign the certificate but the
unit owner is not liable to the purchaser for any erroneous
information provided by the association and included in the
certificate unless and to the extent the unit owner had actual
knowledge thereof.
(3) A purchaser is not liable for any unpaid assessment
or fee against the unit as of the date of the certificate greater
than the amount set forth in the certificate prepared by the
[Title 64 RCW—page 44]
association unless and to the extent such purchaser had actual
knowledge thereof. A unit owner is not liable to a purchaser
for the failure or delay of the association to provide the certificate in a timely manner, but the purchaser’s contract is voidable by the purchaser until the certificate has been provided
and for five days thereafter or until conveyance, whichever
occurs first. [2004 c 201 § 4; 1992 c 220 § 23; 1990 c 166 §
12; 1989 c 43 § 4-107.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.430
64.34.430 Escrow of deposits. Any deposit made in
connection with the purchase or reservation of a unit from a
person required to deliver a public offering statement pursuant to RCW 64.34.405(3) shall be placed in escrow and held
in this state in an escrow or trust account designated solely
for that purpose by a licensed title insurance company, an
attorney, a real estate broker, an independent bonded escrow
company, or an institution whose accounts are insured by a
governmental agency or instrumentality until: (1) Delivered
to the declarant at closing; (2) delivered to the declarant
because of purchaser’s default under a contract to purchase
the unit; (3) refunded to the purchaser; or (4) delivered to a
court in connection with the filing of an interpleader action.
[1992 c 220 § 24; 1989 c 43 § 4-108.]
64.34.435
64.34.435 Release of liens—Conveyance. (1) At the
time of the first conveyance of each unit, every mortgage,
lien, or other encumbrance affecting that unit and any other
unit or units or real property, other than the percentage of
undivided interest of that unit in the common elements, shall
be paid and satisfied of record, or the unit being conveyed
and its undivided interest in the common elements shall be
released therefrom by partial release duly recorded or the purchaser of that unit shall receive title insurance from a licensed
title insurance company against such mortgage, lien or other
encumbrance. This subsection does not apply to any real
property which a declarant has the right to withdraw.
(2) Before conveying real property to the association the
declarant shall have that real property released from: (a) All
liens the foreclosure of which would deprive unit owners of
any right of access to or easement of support of their units;
and (b) all other liens on that real property unless the public
offering statement describes certain real property which may
be conveyed subject to liens in specified amounts. [1989 c 43
§ 4-109.]
64.34.440
64.34.440 Conversion condominiums—Notice—Tenants. (1) A declarant of a conversion condominium, and any
dealer who intends to offer units in such a condominium,
shall give each of the residential tenants and any residential
subtenant in possession of a portion of a conversion condominium notice of the conversion and provide those persons
with the public offering statement no later than ninety days
before the tenants and any subtenant in possession are
required to vacate. The notice must set forth generally the
rights of tenants and subtenants under this section and shall
be delivered pursuant to notice requirements set forth in
RCW 59.12.040. No tenant or subtenant may be required to
vacate upon less than ninety days’ notice, except by reason of
nonpayment of rent, waste, conduct that disturbs other ten(2006 Ed.)
Condominium Act
ants’ peaceful enjoyment of the premises, or act of unlawful
detainer as defined in RCW 59.12.030, and the terms of the
tenancy may not be altered during that period. Nothing in this
subsection shall be deemed to waive or repeal RCW
59.18.200(2). Failure to give notice as required by this section is a defense to an action for possession.
(2) For sixty days after delivery or mailing of the notice
described in subsection (1) of this section, the person
required to give the notice shall offer to convey each unit or
proposed unit occupied for residential use to the tenant who
leases that unit. If a tenant fails to purchase the unit during
that sixty-day period, the offeror may offer to dispose of an
interest in that unit during the following one hundred eighty
days at a price or on terms more favorable to the offeree than
the price or terms offered to the tenant only if: (a) Such offeror, by written notice mailed to the tenant’s last known
address, offers to sell an interest in that unit at the more favorable price and terms, and (b) such tenant fails to accept such
offer in writing within ten days following the mailing of the
offer to the tenant. This subsection does not apply to any unit
in a conversion condominium if that unit will be restricted
exclusively to nonresidential use or the boundaries of the
converted unit do not substantially conform to the dimensions of the residential unit before conversion.
(3) If a seller, in violation of subsection (2) of this section, conveys a unit to a purchaser for value who has no
knowledge of the violation, recording of the deed conveying
the unit extinguishes any right a tenant may have to purchase
that unit but does not affect the right of a tenant to recover
damages from the seller for a violation of subsection (2) of
this section.
(4) If a notice of conversion specifies a date by which a
unit or proposed unit must be vacated and otherwise complies
with the provisions of this chapter and chapter 59.18 RCW,
the notice also constitutes a notice to vacate specified by that
statute.
(5) Nothing in this section permits termination of a lease
by a declarant in violation of its terms.
(6) Notwithstanding RCW 64.34.050(1), a city or county
may by appropriate ordinance require with respect to any
conversion condominium within the jurisdiction of such city
or county that:
(a) In addition to the statement required by RCW
64.34.415(1)(a), the public offering statement shall contain a
copy of the written inspection report prepared by the appropriate department of such city or county, which report shall
list any violations of the housing code or other governmental
regulation, which code or regulation is applicable regardless
of whether the real property is owned as a condominium or in
some other form of ownership; said inspection shall be made
within forty-five days of the declarant’s written request therefor and said report shall be issued within fourteen days of said
inspection being made. Such inspection may not be required
with respect to any building for which a final certificate of
occupancy has been issued by the city or county within the
preceding twenty-four months; and any fee imposed for the
making of such inspection may not exceed the fee that would
be imposed for the making of such an inspection for a purpose other than complying with this subsection (6)(a);
(b) Prior to the conveyance of any residential unit within
a conversion condominium, other than a conveyance to a
(2006 Ed.)
64.34.440
declarant or affiliate of a declarant: (i) All violations disclosed in the inspection report provided for in (a) of this subsection, and not otherwise waived by such city or county,
shall be repaired, and (ii) a certification shall be obtained
from such city or county that such repairs have been made,
which certification shall be based on a reinspection to be
made within seven days of the declarant’s written request
therefor and which certification shall be issued within seven
days of said reinspection being made;
(c) The repairs required to be made under (b) of this subsection shall be warranted by the declarant against defects
due to workmanship or materials for a period of one year following the completion of such repairs;
(d) Prior to the conveyance of any residential unit within
a conversion condominium, other than a conveyance to a
declarant or affiliate of a declarant: (i) The declarant shall
establish and maintain, during the one-year warranty period
provided under (c) of this subsection, an account containing a
sum equal to ten percent of the actual cost of making the
repairs required under (b) of this subsection; (ii) during the
one-year warranty period, the funds in such account shall be
used exclusively for paying the actual cost of making repairs
required, or for otherwise satisfying claims made, under such
warranty; (iii) following the expiration of the one-year warranty period, any funds remaining in such account shall be
immediately disbursed to the declarant; and (iv) the declarant
shall notify in writing the association and such city or county
as to the location of such account and any disbursements
therefrom; and
(e) Relocation assistance not to exceed five hundred dollars per unit shall be paid to tenants and subtenants who elect
not to purchase a unit and who are in lawful occupancy for
residential purposes of a unit and whose monthly household
income from all sources, on the date of the notice described
in subsection (1) of this section, was less than an amount
equal to eighty percent of (i) the monthly median income for
comparably sized households in the standard metropolitan
statistical area, as defined and established by the United
States department of housing and urban development, in
which the condominium is located, or (ii) if the condominium
is not within a standard metropolitan statistical area, the
monthly median income for comparably sized households in
the state of Washington, as defined and determined by said
department. The household size of a unit shall be based on the
number of persons actually in lawful occupancy of the unit.
The tenant or subtenant actually in lawful occupancy of the
unit shall be entitled to the relocation assistance. Relocation
assistance shall be paid on or before the date the tenant or
subtenant vacates and shall be in addition to any damage
deposit or other compensation or refund to which the tenant
is otherwise entitled. Unpaid rent or other amounts owed by
the tenant or subtenant to the landlord may be offset against
the relocation assistance.
(7) Violations of any city or county ordinance adopted as
authorized by subsection (6) of this section shall give rise to
such remedies, penalties, and causes of action which may be
lawfully imposed by such city or county. Such violations
shall not invalidate the creation of the condominium or the
conveyance of any interest therein. [1992 c 220 § 25; 1990 c
166 § 13; 1989 c 43 § 4-110.]
Effective date—1990 c 166: See note following RCW 64.34.020.
[Title 64 RCW—page 45]
64.34.443
Title 64 RCW: Real Property and Conveyances
64.34.443
64.34.443 Express warranties of quality. (1) Express
warranties made by any seller to a purchaser of a unit, if
relied upon by the purchaser, are created as follows:
(a) Any written affirmation of fact or promise which
relates to the unit, its use, or rights appurtenant thereto, area
improvements to the condominium that would directly benefit the unit, or the right to use or have the benefit of facilities
not located in the condominium creates an express warranty
that the unit and related rights and uses will conform to the
affirmation or promise;
(b) Any model or written description of the physical
characteristics of the condominium at the time the purchase
agreement is executed, including plans and specifications of
or for improvements, creates an express warranty that the
condominium will conform to the model or description
except pursuant to *RCW 64.34.410(1)(v);
(c) Any written description of the quantity or extent of
the real property comprising the condominium, including
plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary
tolerances; and
(d) A written provision that a buyer may put a unit only
to a specified use is an express warranty that the specified use
is lawful.
(2) Neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty are necessary
to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real
estate or its value does not create a warranty. A purchaser
may not rely on any representation or express warranty
unless it is contained in the public offering statement or made
in writing signed by the declarant or declarant’s agent identified in the public offering statement.
(3) Any conveyance of a unit transfers to the purchaser
all express warranties of quality made by previous sellers.
[1989 c 428 § 2.]
*Reviser’s note: RCW 64.34.410 was amended by 1997 c 400 § 1,
changing subsection (1)(v) to subsection (1)(w).
Captions—1989 c 428: "Section captions as used in this act do not constitute any part of the law." [1989 c 428 § 6.]
Effective date—1989 c 428: "*Sections 1 through 4 of this act shall
take effect July 1, 1990." [1989 c 428 § 7.]
*Reviser’s note: Sections 1, 3, and 4 of this act were vetoed by the governor.
64.34.445
64.34.445 Implied warranties of quality—Breach.
(1) A declarant and any dealer warrants that a unit will be in
at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear and damage by casualty or
condemnation excepted.
(2) A declarant and any dealer impliedly warrants that a
unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any
improvements made or contracted for by such declarant or
dealer will be:
(a) Free from defective materials;
(b) Constructed in accordance with sound engineering
and construction standards;
(c) Constructed in a workmanlike manner; and
[Title 64 RCW—page 46]
(d) Constructed in compliance with all laws then applicable to such improvements.
(3) A declarant and any dealer warrants to a purchaser of
a unit that may be used for residential use that an existing use,
continuation of which is contemplated by the parties, does
not violate applicable law at the earlier of the time of conveyance or delivery of possession.
(4) Warranties imposed by this section may be excluded
or modified as specified in RCW 64.34.450.
(5) For purposes of this section, improvements made or
contracted for by an affiliate of a declarant, as defined in
RCW 64.34.020(1), are made or contracted for by the
declarant.
(6) Any conveyance of a unit transfers to the purchaser
all of the declarant’s implied warranties of quality.
(7) In a judicial proceeding for breach of any of the obligations arising under this section, the plaintiff must show that
the alleged breach has adversely affected or will adversely
affect the performance of that portion of the unit or common
elements alleged to be in breach. As used in this subsection,
an "adverse effect" must be more than technical and must be
significant to a reasonable person. To establish an adverse
effect, the person alleging the breach is not required to prove
that the breach renders the unit or common element uninhabitable or unfit for its intended purpose.
(8) Proof of breach of any obligation arising under this
section is not proof of damages. Damages awarded for a
breach of an obligation arising under this section are the cost
of repairs. However, if it is established that the cost of such
repairs is clearly disproportionate to the loss in market value
caused by the breach, then damages shall be limited to the
loss in market value. [2004 c 201 § 5; 1992 c 220 § 26; 1989
c 43 § 4-112.]
Application—2004 c 201 §§ 5 and 6: "Sections 5 and 6 of this act
apply only to condominiums created by declarations recorded on or after
July 1, 2004." [2004 c 201 § 12.]
64.34.450
64.34.450 Implied warranties of quality—Exclusion—Modification—Disclaimer—Express written warranty. (1) For units intended for nonresidential use, implied
warranties of quality:
(a) May be excluded or modified by written agreement
of the parties; and
(b) Are excluded by written expression of disclaimer,
such as "as is," "with all faults," or other language which in
common understanding calls the buyer’s attention to the
exclusion of warranties.
(2) For units intended for residential use, no disclaimer
of implied warranties of quality is effective, except that a
declarant or dealer may disclaim liability in writing, in type
that is bold faced, capitalized, underlined, or otherwise set
out from surrounding material so as to be conspicuous, and
separately signed by the purchaser, for a specified defect or
specified failure to comply with applicable law, if: (a) The
declarant or dealer knows or has reason to know that the specific defect or failure exists at the time of disclosure; (b) the
disclaimer specifically describes the defect or failure; and (c)
the disclaimer includes a statement as to the effect of the
defect or failure.
(3) A declarant or dealer may offer an express written
warranty of quality only if the express written warranty does
(2006 Ed.)
Condominium Act
not reduce protections provided to the purchaser by the
implied warranty set forth in RCW 64.34.445. [2004 c 201 §
6; 1989 c 43 § 4-113.]
Application—2004 c 201 §§ 5 and 6: See note following RCW
64.34.445.
64.34.452
64.34.452 Warranties of quality—Breach—Actions
for construction defect claims. (1) A judicial proceeding
for breach of any obligations arising under RCW 64.34.443,
64.34.445, and 64.34.450 must be commenced within four
years after the cause of action accrues: PROVIDED, That the
period for commencing an action for a breach accruing pursuant to subsection (2)(b) of this section shall not expire prior
to one year after termination of the period of declarant control, if any, under RCW 64.34.308(4). Such periods may not
be reduced by either oral or written agreement, or through the
use of contractual claims or notice procedures that require the
filing or service of any claim or notice prior to the expiration
of the period specified in this section.
(2) Subject to subsection (3) of this section, a cause of
action or [for] breach of warranty of quality, regardless of the
purchaser’s lack of knowledge of the breach, accrues:
(a) As to a unit, the date the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or the date of acceptance of the instrument
of conveyance if a nonpossessory interest was conveyed; and
(b) As to each common element, at the latest of (i) the
date the first unit in the condominium was conveyed to a
bona fide purchaser, (ii) the date the common element was
completed, or (iii) the date the common element was added to
the condominium.
(3) If a warranty of quality explicitly extends to future
performance or duration of any improvement or component
of the condominium, the cause of action accrues at the time
the breach is discovered or at the end of the period for which
the warranty explicitly extends, whichever is earlier.
(4) If a written notice of claim is served under RCW
64.50.020 within the time prescribed for the filing of an
action under this chapter, the statutes of limitation in this
chapter and any applicable statutes of repose for construction-related claims are tolled until sixty days after the period
of time during which the filing of an action is barred under
RCW 64.50.020.
(5) Nothing in this section affects the time for filing a
claim under chapter 64.35 RCW. [2004 c 201 § 7; 2002 c 323
§ 11; 1990 c 166 § 14.]
Effective date—1990 c 166: See note following RCW 64.34.020.
64.34.950
located within a portion of the condominium with respect to
which the declarant has reserved a development right, no promotional material may be displayed or delivered to prospective purchasers which describes or portrays that improvement
unless the description or portrayal of the improvement in the
promotional material is conspicuously labeled or identified as
"NEED NOT BE BUILT." [1989 c 43 § 4-116.]
64.34.465
64.34.465 Improvements—Declarant’s duties. (1)
The declarant shall complete all improvements labeled
"MUST BE BUILT" on survey maps or plans prepared pursuant to RCW 64.34.232.
(2) The declarant is subject to liability for the prompt
repair and restoration, to a condition compatible with the
remainder of the condominium, of any portion of the condominium damaged by the exercise of rights reserved pursuant
to or created by RCW 64.34.236, 64.34.240, 64.34.244,
64.34.248, 64.34.256, and 64.34.260. [1989 c 43 § 4-117.]
ARTICLE 5
MISCELLANEOUS
64.34.900
64.34.900 Short title. This chapter shall be known and
may be cited as the Washington condominium act or the condominium act. [1989 c 43 § 1-101.]
64.34.910
64.34.910 Section captions. Section captions as used in
this chapter do not constitute any part of the law. [1989 c 43
§ 4-119.]
64.34.920
64.34.920 Severability—1989 c 43. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 43 § 4-120.]
64.34.921
64.34.921 Severability—2004 c 201. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2004 c 201 § 13.]
64.34.930
64.34.930 Effective date—1989 c 43. This act shall
take effect July 1, 1990. [1989 c 43 § 4-124.]
64.34.931
64.34.931 Effective date—2004 c 201 §§ 1-13. Sections 1 through 13 of this act take effect July 1, 2004. [2004
c 201 § 14.]
64.34.455
64.34.455 Effect of violations on rights of action—
Attorney’s fees. If a declarant or any other person subject to
this chapter fails to comply with any provision hereof or any
provision of the declaration or bylaws, any person or class of
persons adversely affected by the failure to comply has a
claim for appropriate relief. The court, in an appropriate case,
may award reasonable attorney’s fees to the prevailing party.
[1989 c 43 § 4-115.]
64.34.460
64.34.460 Labeling of promotional material. If any
improvement contemplated in a condominium is labeled
"NEED NOT BE BUILT" on a survey map or plan, or is to be
(2006 Ed.)
64.34.940
64.34.940 Construction against implicit repeal. This
chapter being a general act intended as a unified coverage of
its subject matter, no part of it shall be construed to be
impliedly repealed by subsequent legislation if that construction can reasonably be avoided. [1989 c 43 § 1-109.]
64.34.950
64.34.950 Uniformity of application and construction. This chapter shall be applied and construed so as to
effectuate its general purpose to make uniform the law with
respect to the subject of this chapter among states enacting it.
[1989 c 43 § 1-110.]
[Title 64 RCW—page 47]
Chapter 64.35
Title 64 RCW: Real Property and Conveyances
Chapter 64.35 RCW
CONDOMINIUMS—QUALIFIED WARRANTIES
Chapter 64.35
Sections
ARTICLE 1
GENERAL PROVISIONS
64.35.105
64.35.106
64.35.110
64.35.115
64.35.120
Definitions.
Qualified warrantees—Application of RCW 48.01.040.
No duty to offer a qualified warranty—Insurer sets terms—
Scope of inquiry—Conditions.
Attorneys’ fees.
Change of ownership—Coverage transfers.
ARTICLE 2
REMEDY, PROCEDURE, AND DISCLOSURE UNDER A
QUALIFIED WARRANTY
64.35.205
64.35.210
Qualified warranty—Remedy and procedure—Application of
chapter 64.50 RCW.
Notice of qualified warranty—History of claims.
ARTICLE 3
MINIMUM COVERAGE STANDARDS FOR
QUALIFIED WARRANTIES
64.35.305
64.35.310
64.35.315
64.35.320
64.35.325
64.35.330
64.35.335
Two-year materials and labor warranty—Noncompliance with
building code.
Five-year building envelope warranty.
Ten-year structural defects warranty.
Beginning dates for warranty coverage.
Beginning dates for warranty coverage—Special cases—
Declarant control.
Living expense allowance.
Warranty on repairs and replacements.
ARTICLE 4
QUALIFIED WARRANTY TERMS
64.35.405
64.35.410
64.35.415
64.35.420
64.35.425
Provisions a qualified insurer may include.
Authorized exclusions—General.
Authorized exclusions—Defects.
Limits on amounts—Calculation of costs—Adjustments.
Prohibited policy provisions—Exclusions.
ARTICLE 5
DUTIES OF PARTIES REGARDING COVERAGE AND CLAIMS
64.35.505
64.35.510
64.35.515
64.35.520
64.35.525
Failure to provide information—Conditions or exclusions may
not apply.
Schedule of expiration dates must be provided.
Duty to mitigate may be required.
Notice of claim—Reasonable timeliness and detail—Contents.
Handling of claim—Prompt response—Procedures.
ARTICLE 6
MEDIATION OR ARBITRATION OF DISPUTES
64.35.605
64.35.610
Disputed claim—Notice—Mediation procedures—Duties of
parties.
Disputed claim—Notice—Arbitration procedures—Duties of
parties.
ARTICLE 9
MISCELLANEOUS
64.35.900
64.35.901
Captions not law—2004 c 201.
Severability—2004 c 201.
ARTICLE 1
GENERAL PROVISIONS
64.35.105
64.35.105 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Affiliate" has the meaning in RCW 64.34.020.
(2) "Association" has the meaning in RCW 64.34.020.
(3) "Building envelope" means the assemblies, components, and materials of a building that are intended to separate
[Title 64 RCW—page 48]
and protect the interior space of the building from the adverse
effects of exterior climatic conditions.
(4) "Common element" has the meaning in RCW
64.34.020.
(5) "Condominium" has the meaning in RCW 64.34.020.
(6) "Construction professional" has the meaning in RCW
64.50.010.
(7) "Conversion condominium" has the meaning in
RCW 64.34.020.
(8) "Declarant" has the meaning in RCW 64.34.020.
(9) "Declarant control" has the meaning in RCW
64.34.020.
(10) "Defect" means any aspect of a condominium unit
or common element which constitutes a breach of the implied
warranties set forth in RCW 64.34.445.
(11) "Limited common element" has the meaning in
RCW 64.34.020.
(12) "Material" means substantive, not simply formal;
significant to a reasonable person; not trivial or insignificant.
When used with respect to a particular construction defect,
"material" does not require that the construction defect render
the unit or common element unfit for its intended purpose or
uninhabitable.
(13) "Mediation" means a collaborative process in which
two or more parties meet and attempt, with the assistance of
a mediator, to resolve issues in dispute between them.
(14) "Mediation session" means a meeting between two
or more parties to a dispute during which they are engaged in
mediation.
(15) "Mediator" means a neutral and impartial facilitator
with no decision-making power who assists parties in negotiating a mutually acceptable settlement of issues in dispute
between them.
(16) "Person" has the meaning in RCW 64.34.020.
(17) "Public offering statement" has the meaning in
RCW 64.34.410.
(18) "Qualified insurer" means an entity that holds a certificate of authority under RCW 48.05.030, or an eligible
insurer under chapter 48.15 RCW.
(19) "Qualified warranty" means an insurance policy
issued by a qualified insurer that complies with the requirements of this chapter. A qualified warranty includes coverage for repair of physical damage caused by the defects covered by the qualified warranty, except to the extent of any
exclusions and limitations under this chapter.
(20) "Resale certificate" means the statement to be delivered by the association under RCW 64.34.425.
(21) "Transition date" means the date on which the
declarant is required to deliver to the association the property
of the association under RCW 64.34.312.
(22) "Unit" has the meaning in RCW 64.34.020.
(23) "Unit owner" has the meaning in RCW 64.34.020.
[2004 c 201 § 101.]
64.35.106
64.35.106 Qualified warrantees—Application of
RCW 48.01.040. All qualified warrantees shall be deemed
to be "insurance" for purposes of RCW 48.01.040, and shall
be regulated as such. [2004 c 201 § 2001.]
(2006 Ed.)
Condominiums—Qualified Warranties
64.35.110
64.35.110 No duty to offer a qualified warranty—
Insurer sets terms—Scope of inquiry—Conditions. (1)
No insurer is bound to offer a qualified warranty to any person. Except as specifically set forth in this section, the terms
of any qualified warranty are set in the sole discretion of the
qualified insurer. Without limiting the generality of this subsection, a qualified insurer may make inquiries about the
applicant as follows:
(a) Does the applicant have the financial resources to
undertake the construction of the number of units being proposed by the applicant’s business plan for the following
twelve months;
(b) Does the applicant and its directors, officers, employees, and consultants possess the necessary technical expertise
to adequately perform their individual functions with respect
to their proposed role in the construction and sale of units;
(c) Does the applicant and its directors and officers have
sufficient experience in business management to properly
manage the unit construction process;
(d) Does the applicant and its directors, officers, and
employees have sufficient practical experience to undertake
the proposed unit construction;
(e) Does the past conduct of the applicant and its directors, officers, employees, and consultants provide a reasonable indication of good business practices, and reasonable
grounds for belief that its undertakings will be carried on in
accordance with all legal requirements; and
(f) Is the applicant reasonably able to provide, or to cause
to be provided, after-sale customer service for the units to be
constructed.
(2) A qualified insurer may charge a fee to make the
inquiries permitted by subsection (1) of this section.
(3) Before approving a qualified warranty for a condominium, a qualified insurer may make such inquiries and
impose such conditions as it deems appropriate in its sole discretion, including without limitation the following:
(a) To determine if the applicant has the necessary capitalization or financing in place, including any reasonable contingency reserves, to undertake construction of the proposed
unit;
(b) To determine if the applicant or, in the case of a corporation, its directors, officers, employees, and consultants
possess reasonable technical expertise to construct the proposed unit, including specific technical knowledge or expertise in any building systems, construction methods, products,
treatments, technologies, and testing and inspection methods
proposed to be employed;
(c) To determine if the applicant or, in the case of a corporation, its directors, officers, employees, and consultants
have sufficient practical experience in the specific types of
construction to undertake construction of the proposed unit;
(d) To determine if the applicant has sufficient personnel
and other resources to adequately undertake the construction
of the proposed unit in addition to other units which the applicant may have under construction or is currently marketing;
(e) To determine if:
(i) The applicant is proposing to engage a general contractor to undertake all or a significant portion of the construction of the proposed unit; and
(ii) The general contractor meets the criteria set out in
this section;
(2006 Ed.)
64.35.205
(f) Requiring that a declarant provide security in a form
suitable to the qualified insurer;
(g) Establishing or requiring compliance with specific
construction standards for the unit;
(h) Restricting the applicant from constructing some
types of units or using some types of construction or systems;
(i) Requiring the use of specific types of systems, consultants, or personnel for the construction;
(j) Requiring an independent review of the unit building
plans or consultants’ reports or any part thereof;
(k) Requiring third-party verification or certification of
the construction of the unit or any part thereof;
(l) Providing for inspection of the unit or any part thereof
during construction;
(m) Requiring ongoing monitoring of the unit, or one or
more of its components, following completion of construction;
(n) Requiring that the declarant or any of the design professionals, engineering professionals, consultants, general
contractors, or subcontractors maintain minimum levels of
insurance, bonding, or other security naming the potential
owners and qualified insurer as loss payees or beneficiaries of
the insurance, bonding, or security to the extent possible;
(o) Requiring that the declarant provide a list of all
design professionals and other consultants who are involved
in the design or construction inspection, or both, of the unit;
(p) Requiring that the declarant provide a list of trades
employed in the construction of the unit, and requiring evidence of their current trade’s certification, if applicable.
[2004 c 201 § 1901.]
64.35.115
64.35.115 Attorneys’ fees. In any judicial proceeding
or arbitration brought to enforce the terms of a qualified warranty, the court or arbitrator may award reasonable attorneys’
fees to the substantially prevailing party. In no event may
such fees exceed the reasonable hourly value of the attorney’s
work. [2004 c 201 § 1701.]
64.35.120
64.35.120 Change of ownership—Coverage transfers. (1) A qualified warranty pertains solely to the unit and
common elements for which it provides coverage and no
notice to the qualified insurer is required on a change of ownership.
(2) All of the applicable unused benefits under a qualified warranty with respect to a unit are automatically transferred to any subsequent owner on a change of ownership.
[2004 c 201 § 1801.]
ARTICLE 2
REMEDY, PROCEDURE, AND DISCLOSURE UNDER A
QUALIFIED WARRANTY
64.35.205
64.35.205 Qualified warranty—Remedy and procedure—Application of chapter 64.50 RCW. No declarant,
affiliate of a declarant, or construction professional is liable
to a unit owner or an association for damages awarded for
repair of construction defects and resulting physical damage,
and chapter 64.50 RCW shall not apply if: (1) Every unit is
the subject of a qualified warranty; and (2) the association has
been issued a qualified warranty with respect to the common
[Title 64 RCW—page 49]
64.35.210
Title 64 RCW: Real Property and Conveyances
elements. If a construction professional agrees on terms satisfactory to the qualified insurer to partially or fully indemnify the qualified insurer with respect to a defect caused by
the construction professional, the liability of the construction
professional for the defect and resulting physical damage
caused by him or her shall not exceed damages recoverable
under the terms of the qualified warranty for the defect. Any
indemnity claim by the qualified insurer shall be by separate
action or arbitration, and no unit owner or association shall be
joined therein. A qualified warranty may also be provided in
the case of improvements made or contracted for by a
declarant as part of a conversion condominium, and in such
case, declarant’s liability with respect to such improvements
shall be limited as set forth in this section. [2004 c 201 §
201.]
64.35.210
64.35.210 Notice of qualified warranty—History of
claims. (1) Every public offering statement and resale certificate shall affirmatively state whether or not the unit and/or
the common elements are covered by a qualified warranty,
and shall provide to the best knowledge of the person preparing the public offering statement or resale certificate a history
of claims under the warranty.
(2) The history of claims must include, for each claim,
not less than the following information for the unit and/or the
common elements, as applicable, to the best knowledge of
the person providing the information:
(a) The type of claim that was made;
(b) The resolution of the claim;
(c) The type of repair performed;
(d) The date of the repair;
(e) The cost of the repair; and
(f) The name of the person or entity who performed the
repair. [2004 c 201 § 301.]
(2) Noncompliance with the building code is considered
a defect covered by a qualified warranty if the noncompliance:
(a) Constitutes an unreasonable health or safety risk; or
(b) Has resulted in, or is likely to result in, material damage to the unit or common elements. [2004 c 201 § 401.]
64.35.310
64.35.310 Five-year building envelope warranty. The
minimum coverage for the building envelope warranty is five
years for defects in the building envelope of a condominium,
including a defect which permits unintended water penetration so that it causes, or is likely to cause, material damage to
the unit or common elements. [2004 c 201 § 402.]
64.35.315
64.35.315 Ten-year structural defects warranty. The
minimum coverage for the structural defects warranty is ten
years for:
(1) Any defect in materials and labor that results in the
failure of a load-bearing part of the condominium; and
(2) Any defect which causes structural damage that
materially and adversely affects the use of the condominium
for residential occupancy. [2004 c 201 § 403.]
64.35.320
64.35.320 Beginning dates for warranty coverage.
(1) For the unit, the beginning date of the qualified warranty
coverage is the earlier of:
(a) Actual occupancy of the unit; or
(b) Transfer of legal title to the unit.
(2) For the common elements, the beginning date of a
qualified warranty is the date a temporary or final certificate
of occupancy is issued for the common elements in each separate multiunit building, comprised by the condominium.
[2004 c 201 § 404.]
64.35.325
ARTICLE 3
MINIMUM COVERAGE STANDARDS FOR
QUALIFIED WARRANTIES
64.35.305
64.35.305 Two-year materials and labor warranty—
Noncompliance with building code. (1) The minimum coverage for the two-year materials and labor warranty is:
(a) In the first twelve months, for other than the common
elements, (i) coverage for any defect in materials and labor;
and (ii) subject to subsection (2) of this section, coverage for
a violation of the building code;
(b) In the first fifteen months, for the common elements,
(i) coverage for any defect in materials and labor; and (ii)
subject to subsection (2) of this section, coverage for a violation of the building code;
(c) In the first twenty-four months, (i) coverage for any
defect in materials and labor supplied for the electrical,
plumbing, heating, ventilation, and air conditioning delivery
and distribution systems; (ii) coverage for any defect in materials and labor supplied for the exterior cladding, caulking,
windows, and doors that may lead to detachment or material
damage to the unit or common elements; (iii) coverage for
any defect in materials and labor which renders the unit unfit
to live in; and (iv) subject to subsection (2) of this section,
coverage for a violation of the building code.
[Title 64 RCW—page 50]
64.35.325 Beginning dates for warranty coverage—
Special cases—Declarant control. (1) If an unsold unit is
occupied as a rental unit, the qualified warranty beginning
date for such unit is the date the unit is first occupied.
(2) If the declarant subsequently offers to sell a unit
which is rented, the declarant must disclose, in writing, to
each prospective purchaser, the date on which the qualified
warranty expires.
(3) If the declarant retains any declarant control over the
association on the date that is fourteen full calendar months
following the month in which the beginning date for common
element warranty coverage commences, the declarant shall
within thirty days thereafter cause an election to be held in
which the declarant may not vote, for the purpose of electing
one or more board members who are empowered to make
warranty claims. If at such time, one or more independent
board members hold office, no additional election need be
held, and such independent board members are empowered to
make warranty claims. The declarant shall inform all independent board members of their right to make warranty
claims at no later than sixteen full calendar months following
the beginning date of the common element warranty. [2004 c
201 § 405.]
64.35.330
64.35.330 Living expense allowance. (1) If repairs are
required under the qualified warranty and damage to the unit,
(2006 Ed.)
Condominiums—Qualified Warranties
or the extent of the repairs renders the unit uninhabitable, the
qualified warranty must cover reasonable living expenses
incurred by the owner to live elsewhere in an amount commensurate with the nature of the unit.
(2) If a qualified insurer establishes a maximum amount
per day for claims for living expenses, the limit must be the
greater of one hundred dollars per day or a reasonable amount
commensurate with the nature of the unit for the complete
reimbursement of the actual accommodation expenses
incurred by the owner at a hotel, motel, or other rental accommodation up to the day the unit is ready for occupancy, subject to the owner receiving twenty-four hours’ advance
notice. [2004 c 201 § 406.]
64.35.335
64.35.335 Warranty on repairs and replacements.
(1) All repairs and replacements made under a qualified warranty must be warranted by the qualified warranty against
defects in materials and labor until the later of:
(a) The first anniversary of the date of completion of the
repair or replacement; or
(b) The expiration of the applicable qualified warranty
coverage.
(2) All repairs and replacements made under a qualified
warranty must be completed in a reasonable manner using
materials and labor conforming to the building code and
industry standards. [2004 c 201 § 407.]
ARTICLE 4
QUALIFIED WARRANTY TERMS
64.35.405
64.35.405 Provisions a qualified insurer may include.
A qualified insurer may include any of the following provisions in a qualified warranty:
(1) If the qualified insurer makes a payment or assumes
liability for any payment or repair under a qualified warranty,
the owner and association must fully support and assist the
qualified insurer in pursuing any rights that the qualified
insurer may have against the declarant, and any construction
professional that has contractual or common law obligations
to the declarant, whether such rights arose by contract, subrogation, or otherwise.
(2) Warranties or representations made by a declarant
which are in addition to the warranties set forth in this chapter
are not binding on the qualified insurer unless and to the
extent specifically provided in the text of the warranty; and
disclaimers of specific defects made by agreement between
the declarant and the unit purchaser under RCW 64.34.450
act as an exclusion of the specified defect from the warranty
coverage.
(3) An owner and the association must permit the qualified insurer or declarant, or both, to enter the unit at reasonable times, after reasonable notice to the owner and the association:
(a) To monitor the unit or its components;
(b) To inspect for required maintenance;
(c) To investigate complaints or claims; or
(d) To undertake repairs under the qualified warranty.
If any reports are produced as a result of any of the activities referred to in (a) through (d) of this subsection, the
reports must be provided to the owner and the association.
(2006 Ed.)
64.35.415
(4) An owner and the association must provide to the
qualified insurer all information and documentation that the
owner and the association have available, as reasonably
required by the qualified insurer to investigate a claim or
maintenance requirement, or to undertake repairs under the
qualified warranty.
(5) To the extent any damage to a unit is caused or made
worse by the unreasonable refusal of the association, or an
owner or occupant to permit the qualified insurer or declarant
access to the unit for the reasons in subsection (3) of this section, or to provide the information required by subsection (4)
of this section, that damage is excluded from the qualified
warranty.
(6) In any claim under a qualified warranty issued to the
association, the association shall have the sole right to prosecute and settle any claim with respect to the common elements. [2004 c 201 § 501.]
64.35.410
64.35.410 Authorized exclusions—General. (1) A
qualified insurer may exclude from a qualified warranty:
(a) Landscaping, both hard and soft, including plants,
fencing, detached patios, planters not forming a part of the
building envelope, gazebos, and similar structures;
(b) Any commercial use area and any construction associated with a commercial use area;
(c) Roads, curbs, and lanes;
(d) Subject to subsection (2) of this section, site grading
and surface drainage except as required by the building code;
(e) Municipal services operation, including sanitary and
storm sewer;
(f) Septic tanks or septic fields;
(g) The quality or quantity of water, from either a piped
municipal water supply or a well;
(h) A water well, but excluding equipment installed for
the operation of a water well used exclusively for a unit,
which equipment is part of the plumbing system for that unit
for the purposes of the qualified warranty.
(2) The exclusions permitted by subsection (1) of this
section do not include any of the following:
(a) A driveway or walkway;
(b) Recreational and amenity facilities situated in, or
included as the common property of, a unit;
(c) A parking structure in a multiunit building;
(d) A retaining wall that:
(i) An authority with jurisdiction requires to be designed
by a professional engineer; or
(ii) Is reasonably required for the direct support of, or
retaining soil away from, a unit, driveway, or walkway.
[2004 c 201 § 601.]
64.35.415
64.35.415 Authorized exclusions—Defects. A qualified insurer may exclude any or all of the following items
from a qualified warranty:
(1) Weathering, normal wear and tear, deterioration, or
deflection consistent with normal industry standards;
(2) Normal shrinkage of materials caused by drying after
construction;
(3) Any loss or damage which arises while a unit is being
used primarily or substantially for nonresidential purposes;
(4) Materials, labor, or design supplied by an owner;
[Title 64 RCW—page 51]
64.35.420
Title 64 RCW: Real Property and Conveyances
(5) Any damage to the extent caused or made worse by
an owner or third party, including:
(a) Negligent or improper maintenance or improper
operation by anyone other than the declarant or its employees, agents, or subcontractors;
(b) Failure of anyone, other than the declarant or its
employees, agents, or subcontractors, to comply with the
warranty requirements of the manufacturers of appliances,
equipment, or fixtures;
(c) Alterations to the unit, including converting nonliving space into living space or converting a unit into two or
more units, by anyone other than the declarant or its employees, agents, or subcontractors while undertaking their obligations under the sales contract; and
(d) Changes to the grading of the ground by anyone other
than the declarant or its employees, agents, or subcontractors;
(6) An owner failing to take timely action to prevent or
minimize loss or damage, including failing to give prompt
notice to the qualified insurer of a defect or discovered loss,
or a potential defect or loss;
(7) Any damage caused by insects, rodents, or other animals, unless the damage results from noncompliance with the
building code by the declarant or its employees, agents, or
subcontractors;
(8) Accidental loss or damage from acts of nature including, but not limited to, fire, explosion, smoke, water escape,
glass breakage, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, earthquake, avalanche, landslide, and
changes in the level of the underground water table which are
not reasonably foreseeable by the declarant;
(9) Bodily injury or damage to personal property or real
property which is not part of a unit;
(10) Any defect in, or caused by, materials or work supplied by anyone other than the declarant, an affiliate of a
declarant, or their respective contractors, employees, agents,
or subcontractors;
(11) Changes, alterations, or additions made to a unit by
anyone after initial occupancy, except those performed by the
declarant or its employees, agents, or subcontractors as
required by the qualified warranty or under the construction
contract or sales agreement;
(12) Contaminated soil;
(13) Subsidence of the land around a unit or along utility
lines, other than subsidence beneath footings of a unit or
under driveways or walkways;
(14) Diminution in the value of the unit. [2004 c 201 §
701.]
64.35.420 Limits on amounts—Calculation of costs—
Adjustments. (1) A qualified insurer may establish a monetary limit on the amount of the warranty. Any limit must not
be less than:
(a) For a unit, the lesser of (i) the original purchase price
paid by the owner, or (ii) one hundred thousand dollars;
(b) For common elements, the lesser of (i) the total original purchase price for all components of the multiunit building, or (ii) one hundred fifty thousand dollars times the number of units of the condominium.
(2) When calculating the cost of warranty claims under
the standard limits under a qualified warranty, a qualified
insurer may include:
64.35.420
[Title 64 RCW—page 52]
(a) The cost of repairs;
(b) The cost of any investigation, engineering, and
design required for the repairs; and
(c) The cost of supervision of repairs, including professional review, but excluding legal costs.
(3) The minimum amounts in subsections (1) and (2) of
this section shall be adjusted at the end of each calendar year
after the effective date by an amount equal to the percentage
change in the consumer price index for all urban consumers,
all items, as published from time to time by the United States
department of labor. The adjustment does not affect any
qualified warranty issued before the adjustment date. [2004
c 201 § 801.]
64.35.425
64.35.425 Prohibited policy provisions—Exclusions.
(1) A qualified insurer must not include in a qualified warranty any provision that requires an owner or the association:
(a) To sign a release before repairs are performed under
the qualified warranty; or
(b) To pay a deductible in excess of five hundred dollars
for the repair of any defect in a unit covered by the qualified
warranty, or in excess of the lesser of five hundred dollars per
unit or ten thousand dollars in the aggregate for any defect in
the common elements.
(2) All exclusions must be permitted by this chapter and
stated in the qualified warranty. [2004 c 201 § 901.]
ARTICLE 5
DUTIES OF PARTIES REGARDING COVERAGE
AND CLAIMS
64.35.505
64.35.505 Failure to provide information—Conditions or exclusions may not apply. (1) If coverage under a
qualified warranty is conditional on an owner undertaking
proper maintenance, or if coverage is excluded for damage
caused by negligence by the owner or association with
respect to maintenance or repair by the owner or association,
the conditions or exclusions apply only to maintenance
requirements or procedures: (a) Provided to the original
owner in the case of the unit warranty, and to the association
for the common element warranty with an estimation of the
required cost thereof for the common element warranty provided in the budget prepared by the declarant; or (b) that
would be obvious to a reasonable and prudent layperson.
Recommended maintenance requirements and procedures are
sufficient for purposes of this subsection if consistent with
knowledge generally available in the construction industry at
the time the qualified warranty is issued.
(2) If an original owner or the association has not been
provided with the manufacturer’s documentation or warranty
information, or both, or with recommended maintenance and
repair procedures for any component of a unit, the relevant
exclusion does not apply. The common element warranty is
included in the written warranty to be provided to the association under RCW 64.34.312. [2004 c 201 § 1001.]
64.35.510
64.35.510 Schedule of expiration dates must be provided. (1) A qualified insurer must, as soon as reasonably
possible after the beginning date for the qualified warranty,
provide an owner and association with a schedule of the expi(2006 Ed.)
Condominiums—Qualified Warranties
ration dates for coverages under the qualified warranty as
applicable to the unit and the common elements, respectively.
(2) The expiration date schedule for a unit must set out
all the required dates on an adhesive label that is a minimum
size of four inches by four inches and is suitable for affixing
by the owner in a conspicuous location in the unit. [2004 c
201 § 1101.]
64.35.515
64.35.515 Duty to mitigate may be required. (1) The
qualified insurer may require an owner or association to mitigate any damage to a unit or the common elements, including damage caused by defects or water penetration, as set out
in the qualified warranty.
(2) Subject to subsection (3) of this section, for defects
covered by the qualified warranty, the duty to mitigate is met
through timely notice in writing to the qualified insurer.
(3) The owner must take all reasonable steps to restrict
damage to the unit if the defect requires immediate attention.
(4) The owner’s duty to mitigate survives even if:
(a) The unit is unoccupied;
(b) The unit is occupied by someone other than the
owner;
(c) Water penetration does not appear to be causing damage; or
(d) The owner advises the homeowners’ association corporation about the defect.
(5) If damage to a unit is caused or made worse by the
failure of an owner to take reasonable steps to mitigate as set
out in this section, the damage may, at the option of the qualified insurer, be excluded from qualified warranty coverage.
[2004 c 201 § 1201.]
64.35.520
64.35.520 Notice of claim—Reasonable timeliness
and detail—Contents. (1) Within a reasonable time after
the discovery of a defect and before the expiration of the
applicable qualified warranty coverage, a claimant must give
to the qualified insurer and the declarant written notice in reasonable detail that provides particulars of any specific defects
covered by the qualified warranty.
(2) The qualified insurer may require the notice under
subsection (1) of this section to include:
(a) The qualified warranty number; and
(b) Copies of any relevant documentation and correspondence between the claimant and the declarant, to the extent
any such documentation and correspondence is in the control
or possession of the claimant. [2004 c 201 § 1301.]
64.35.525
64.35.525 Handling of claim—Prompt response—
Procedures. A qualified insurer must, on receipt of a notice
of a claim under a qualified warranty, promptly make reasonable attempts to contact the claimant to arrange an evaluation
of the claim. Claims shall be handled in accordance with the
claims procedures set forth in rules by the insurance commissioner, and as follows:
(1) The qualified insurer must make all reasonable
efforts to avoid delays in responding to a claim under a qualified warranty, evaluating the claim, and scheduling any
required repairs.
(2) If, after evaluating a claim under a qualified warranty, the qualified insurer determines that the claim is not
(2006 Ed.)
64.35.605
valid, or not covered under the qualified warranty, the qualified insurer must: (a) Notify the claimant of the decision in
writing; (b) set out the reasons for the decision; and (c) set out
the rights of the parties under the third-party dispute resolution process for the warranty.
(3) Repairs must be undertaken in a timely manner, with
reasonable consideration given to weather conditions and the
availability of materials and labor.
(4) On completing any repairs, the qualified insurer must
deliver a copy of the repair specifications to the claimant
along with a letter confirming the date the repairs were completed and referencing the repair warranty provided for in
RCW 64.35.335. [2004 c 201 § 1401.]
ARTICLE 6
MEDIATION OR ARBITRATION OF DISPUTES
64.35.605
64.35.605 Disputed claim—Notice—Mediation procedures—Duties of parties. (1) If a dispute between a qualified insurer and a claimant arising under a qualified warranty
cannot be resolved by informal negotiation within a reasonable time, the claimant or qualified insurer may require that
the dispute be referred to mediation by delivering written
notice to the other to mediate.
(2) If a party delivers a request to mediate under subsection (1) of this section, the qualified insurer and the party
must attend a mediation session in relation to the dispute and
may invite to participate in the mediation any other party to
the dispute who may be liable.
(3) Within twenty-one days after the party has delivered
a request to mediate under subsection (1) of this section, the
parties must, directly or with the assistance of an independent, neutral person or organization, jointly appoint a mutually acceptable mediator.
(4) If the parties do not jointly appoint a mutually acceptable mediator within the time required by subsection (3) of
this section, the party may apply to the superior court of the
county where the project is located, which must appoint a
mediator taking into account:
(a) The need for the mediator to be neutral and independent;
(b) The qualifications of the mediator;
(c) The mediator’s fees;
(d) The mediator’s availability; and
(e) Any other consideration likely to result in the selection of an impartial, competent, and effective mediator.
(5) After selecting the mediator under subsection (4) of
this section, the superior court must promptly notify the parties in writing of that selection.
(6) The mediator selected by the superior court is
deemed to be appointed by the parties effective the date of the
notice sent under subsection (5) of this section.
(7) The first mediation session must occur within
twenty-one days of the appointment of the mediator at the
date, time, and place selected by the mediator.
(8) A party may attend a mediation session by representative if:
(a) The party is under a legal disability and the representative is that party’s guardian ad litem;
(b) The party is not an individual; or
[Title 64 RCW—page 53]
64.35.610
Title 64 RCW: Real Property and Conveyances
(c) The party is a resident of a jurisdiction other than
Washington and will not be in Washington at the time of the
mediation session.
(9) A representative who attends a mediation session in
the place of a party as permitted by subsection (8) of this section:
(a) Must be familiar with all relevant facts on which the
party, on whose behalf the representative attends, intends to
rely; and
(b) Must have full authority to settle, or have immediate
access to a person who has full authority to settle, on behalf
of the party on whose behalf the representative attends.
(10) A party or a representative who attends the mediation session may be accompanied by counsel.
(11) Any other person may attend a mediation session on
consent of all parties or their representatives.
(12) At least seven days before the first mediation session is to be held, each party must deliver to the mediator a
statement briefly setting out:
(a) The facts on which the party intends to rely; and
(b) The matters in dispute.
(13) The mediator must promptly send each party’s
statement to each of the other parties.
(14) Before the first mediation session, the parties must
enter into a retainer agreement with the mediator which must:
(a) Disclose the cost of the mediation services; and
(b) Provide that the cost of the mediation will be paid:
(i) Equally by the parties; or
(ii) On any other specified basis agreed by the parties.
(15) The mediator may conduct the mediation in any
manner he or she considers appropriate to assist the parties to
reach a resolution that is timely, fair, and cost-effective.
(16) A person may not disclose, or be compelled to disclose, in any proceeding, oral or written information acquired
or an opinion formed, including, without limitation, any offer
or admission made in anticipation of or during a mediation
session.
(17) Nothing in subsection (16) of this section precludes
a party from introducing into evidence in a proceeding any
information or records produced in the course of the mediation that are otherwise producible or compellable in those
proceedings.
(18) A mediation session is concluded when:
(a) All issues are resolved;
(b) The mediator determines that the process will not be
productive and so advises the parties or their representatives;
or
(c) The mediation session is completed and there is no
agreement to continue.
(19) If the mediation resolves some but not all issues, the
mediator may, at the request of all parties, complete a report
setting out any agreements made as a result of the mediation,
including, without limitation, any agreements made by the
parties on any of the following:
(a) Facts;
(b) Issues; and
(c) Future procedural steps. [2004 c 201 § 1501.]
64.35.610 Disputed claim—Notice—Arbitration procedures—Duties of parties. A qualified warranty may
include mandatory binding arbitration of all disputes arising
64.35.610
[Title 64 RCW—page 54]
out of or in connection with a qualified warranty. The provision may provide that all claims for a single condominium be
heard by the same arbitrator, but shall not permit the joinder
or consolidation of any other person or entity. The arbitration
shall comply with the following minimum procedural standards:
(1) Any demand for arbitration shall be delivered by certified mail return receipt requested, and by ordinary first class
mail. The party initiating the arbitration shall address the
notice to the address last known to the initiating party in the
exercise of reasonable diligence, and also, for any entity
which is required to have a registered agent in the state of
Washington, to the address of the registered agent. Demand
for arbitration is deemed effective three days after the date
deposited in the mail;
(2) All disputes shall be heard by one qualified arbitrator,
unless the parties agree to use three arbitrators. If three arbitrators are used, one shall be appointed by each of the disputing parties and the first two arbitrators shall appoint the third,
who will chair the panel. The parties shall select the identity
and number of the arbitrator or arbitrators after the demand
for arbitration is made. If, within thirty days after the effective date of the demand for arbitration, the parties fail to agree
on an arbitrator or the agreed number of arbitrators fail to be
appointed, then an arbitrator or arbitrators shall be appointed
under *RCW 7.04.050 by the presiding judge of the superior
court of the county in which the condominium is located;
(3) In any arbitration, at least one arbitrator must be a
lawyer or retired judge. Any additional arbitrator must be
either a lawyer or retired judge or a person who has experience with construction and engineering standards and practices, written construction warranties, or construction dispute
resolution. No person may serve as an arbitrator in any arbitration in which that person has any past or present financial
or personal interest;
(4) The arbitration hearing must be conducted in a manner that permits full, fair, and expeditious presentation of the
case by both parties. The arbitrator is bound by the law of
Washington state. Parties may be, but are not required to be,
represented by attorneys. The arbitrator may permit discovery to ensure a fair hearing, but may limit the scope or manner of discovery for good cause to avoid excessive delay and
costs to the parties. The parties and the arbitrator shall use all
reasonable efforts to complete the arbitration within six
months of the effective date of the demand for arbitration or,
when applicable, the service of the list of defects in accordance with RCW 64.50.030;
(5) Except as otherwise set forth in this section, arbitration shall be conducted under *chapter 7.04 RCW, unless the
parties elect to use the construction industry arbitration rules
of the American arbitration association, which are permitted
to the extent not inconsistent with this section. The expenses
of witnesses including expert witnesses shall be paid by the
party producing the witnesses. All other expenses of arbitration shall be borne equally by the parties, unless all parties
agree otherwise or unless the arbitrator awards expenses or
any part thereof to any specified party or parties. The parties
shall pay the fees of the arbitrator as and when specified by
the arbitrator;
(2006 Ed.)
Timeshare Regulation
(6) Demand for arbitration given pursuant to subsection
(1) of this section commences a judicial proceeding for purposes of RCW 64.34.452;
(7) The arbitration decision shall be in writing and must
set forth findings of fact and conclusions of law that support
the decision. [2004 c 201 § 1601.]
*Reviser’s note: Chapter 7.04 RCW was repealed in its entirety by
2005 c 433 § 50, effective January 1, 2006.
ARTICLE 9
MISCELLANEOUS
64.36.250
64.36.260
64.36.270
64.36.290
64.36.310
64.36.320
64.36.330
64.35.900
64.35.900 Captions not law—2004 c 201. Captions
and part headings used in this act are not any part of the law.
[2004 c 201 § 2002.]
64.36.340
64.36.900
64.36.901
64.36.010
Appointment of director to receive service—Requirements for
effective service.
Certain acts not constituting findings or approval by the director—Certain representations unlawful.
Rules, forms, and orders—Interpretive opinions.
Application of chapters 21.20, 58.19, and 19.105 RCW—
Exemption of certain camping and outdoor recreation enterprises.
Copy of advertisement to be filed with director before publication—Application of chapter limited.
Free gifts, awards, and prizes—Security arrangement required
of promisor—Other requirements—Private causes of action.
Membership lists available for members and owners—Conditions—Exclusion of members’ names from list—Commercial use of list.
Uniform regulation of business and professions act.
Short title.
Severability—1983 1st ex.s. c 22.
64.36.010
64.35.901
64.35.901 Severability—2004 c 201.
64.34.921.
Chapter 64.36
See RCW
Chapter 64.36 RCW
TIMESHARE REGULATION
Sections
64.36.010
64.36.020
64.36.025
64.36.028
64.36.030
64.36.035
64.36.040
64.36.050
64.36.060
64.36.070
64.36.081
64.36.085
64.36.090
64.36.100
64.36.110
64.36.120
64.36.130
64.36.140
64.36.150
64.36.160
64.36.170
64.36.185
64.36.195
64.36.200
64.36.210
64.36.220
64.36.225
64.36.240
(2006 Ed.)
Definitions.
Registration required before advertisement, solicitation, or
offer—Requirements for registration—Exemption authorized—Penalties.
Timeshare interest reservation—Definition—Registration
required—Promoter’s obligations—Deposits—Escrow—
Purchaser cancellation rights—Insolvency prior to completion.
Timeshare interest—Incomplete projects or facilities—Promoter’s obligations—Funds—Purchaser’s rights.
Application for registration—Contents.
Applications for registration, consents to service, affidavits,
and permits to market—Authorized signatures required—
Corporate shield disclaimer prohibited.
Application for registration—When effective.
Timeshare offering—Duration of registration—Renewal—
Amendment—Penalties.
Application for registration—Acceptance of disclosure documents—Waiver of information—Additional information.
Registration as timeshare salesperson required—Exemption.
Fees.
Inspections of projects—Identification of inspectors.
Disciplinary action against a timeshare salesperson’s application, registration, or license—Unprofessional conduct.
Disciplinary action—Unprofessional conduct—Other conduct, acts, or conditions.
Requirements of transfer of promoter’s interest—Notice to
purchaser.
Good faith required—Provision relieving person from duty
prohibited—Out-of-state jurisdiction or venue designation
void.
Impoundment of proceeds from sales authorized—Establishment of trusts, escrows, etc.
Disclosure document—Contents.
Disclosure document to prospective purchasers—Cancellation
and refund—Voidable agreement.
Application of liability provisions.
Noncompliance—Unfair practice under chapter 19.86 RCW.
Director’s powers—Employment of outside persons for
advice on project operating budget—Reimbursement by promoter—Notice and hearing.
Assurances of discontinuance—Violation of assurance constitutes unprofessional conduct.
Cease and desist order—Notification—Hearing.
Unlawful acts—Penalties.
Injunction, restraining order, writ of mandamus—Costs and
attorney’s fees—Penalties—Appointment of receiver or
conservator.
Liability of registrant or applicant for costs of proceedings.
Liability for violation of chapter.
64.36.010 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Advertisement" means any written, printed, audio,
or visual communication which is published in whole or part
to sell, offer to sell, or solicit an offer for a timeshare.
(2) "Affiliate of a promoter" means any person who controls, is controlled by, or is under the control of a promoter.
(3) "Commercial promotional programs" mean packaging or putting together advertising or promotional materials
involving promises of gifts, prizes, awards, or other items of
value to solicit prospective purchasers to purchase a product
or commodity.
(4) "Director" means the director of licensing.
(5) "Interval" means that period of time when a timeshare owner is entitled to the possession and use of the timeshare unit.
(6) "Offer" means any inducement, solicitation, or
attempt to encourage any person to acquire a timeshare.
(7) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture,
or other legal or commercial entity.
(8) "Promoter" means any person directly or indirectly
instrumental in organizing, wholly or in part, a timeshare
offering.
(9) "Purchaser" means any person, other than a promoter, who by means of a voluntary transfer acquires a legal
or equitable interest in a timeshare, other than as security for
an obligation.
(10) "Sale" or "sell" includes every contract of sale of,
contract to sell, or disposition of, a timeshare for value.
(11) "Timeshare" means a right to occupy a unit or any
of several units during three or more separate time periods
over a period of at least three years, including renewal
options, whether or not coupled with an estate in land.
(12) "Timeshare expenses" means expenditures, fees,
charges, or liabilities: (a) Incurred with respect to the timeshares by or on behalf of all timeshare owners in one timeshare property; and (b) imposed on the timeshare units by the
entity governing a project of which the timeshare property is
a part, together with any allocations to reserves but excluding
purchase money payable for timeshares.
(13) "Timeshare instrument" means one or more documents, by whatever name denominated, creating or regulating timeshares.
[Title 64 RCW—page 55]
64.36.020
Title 64 RCW: Real Property and Conveyances
(14) "Timeshare owner" means a person who is an owner
or co-owner of a timeshare. If title to a timeshare is held in
trust, "timeshare owner" means the beneficiary of the trust.
(15) "Timeshare salesperson" means any natural person
who offers a timeshare unit for sale.
(16) "Unit" means the real or personal property, or portion thereof, in which the timeshare exists and which is designated for separate use. [1987 c 370 § 1; 1985 c 358 § 1;
1983 1st ex.s. c 22 § 1.]
64.36.020 Registration required before advertisement, solicitation, or offer—Requirements for registration—Exemption authorized—Penalties. (1) A timeshare
offering registration must be effective before any advertisement, solicitation of an offer, or any offer or sale of a timeshare may be made in this state.
(2) An applicant shall apply for registration by filing
with the director:
(a) A copy of the disclosure document prepared in accordance with RCW 64.36.140 and signed by the applicant;
(b) An application for registration prepared in accordance with RCW 64.36.030;
(c) An irrevocable consent to service of process signed
by the applicant;
(d) The prescribed registration fee; and
(e) Any other information the director may by rule
require in the protection of the public interest.
(3) The registration requirements do not apply to:
(a) An offer, sale, or transfer of not more than one timeshare in any twelve-month period;
(b) A gratuitous transfer of a timeshare;
(c) A sale under court order;
(d) A sale by a government or governmental agency;
(e) A sale by forfeiture, foreclosure, or deed in lieu of
foreclosure; or
(f) A sale of a timeshare property or all timeshare units
therein to any one purchaser.
(4) The director may by rule or order exempt any potential registrant from the requirements of this chapter if the
director finds registration is unnecessary for the protection of
the public interest.
(5)(a) Except as provided in (b) of this subsection, any
person who violates this section is guilty of a gross misdemeanor.
(b) Any person who knowingly violates this section is
guilty of a class C felony punishable according to chapter
9A.20 RCW.
(c) No indictment or information for a felony may be
returned under this chapter more than five years after the
alleged violation. [2003 c 53 § 289; 1983 1st ex.s. c 22 § 2.]
64.36.020
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
64.36.025 Timeshare interest reservation—Definition—Registration required—Promoter’s obligations—
Deposits—Escrow—Purchaser cancellation rights—
Insolvency prior to completion. (1) For the purpose of this
section, "timeshare interest reservation" means a revocable
right to purchase an interest in a timeshare project for which
construction has not yet been completed and an effective registration has been obtained under this chapter.
64.36.025
[Title 64 RCW—page 56]
(2) An effective registration pursuant to this chapter is
required for any party to offer to sell a timeshare interest reservation. Promoters offering a timeshare interest reservation
under this section must provide the registered disclosure document required by RCW 64.36.140 to each prospective purchaser before he or she enters into a timeshare interest reservation. Prior to the signing of a purchase agreement, the subject property or properties must be completed, the timeshare
offering registration required by RCW 64.36.020 must be
amended to reflect any changes to the property and must be
reapproved by the department, the disclosure document
required by RCW 64.36.140 must be revised, and the new
version of the disclosure document must be provided to the
prospective purchaser.
(3) Deposits accepted by promoters on a timeshare interest reservation may be no more than twenty percent of the
total purchase price of the timeshare interest that is being purchased. Within one business day after being accepted by the
promoter, any deposit on a timeshare interest reservation
shall be deposited in an account in a federally insured depository located in the state of Washington. This account must be
an escrow account wherein the deposited funds are held for
the benefit of the purchaser. The department may request that
deposits be placed in impoundment under RCW 64.36.130.
(4) In addition to the cancellation rights provided in
RCW 64.36.150, the purchaser has the right to cancel the purchase at any time before the signing of a purchase agreement.
If the purchaser notifies the promoter that he or she wishes to
cancel the timeshare interest reservation, the promoter must
refund the full amount of the deposit minus any account fees
within ten days of the notice.
(5) If prior to signing a purchase agreement the purchaser learns that the promoter proposes to raise the purchase
price above the price agreed to in the written reservation
agreement for the timeshare interest reservation, the written
reservation agreement is void and all deposit moneys including account fees shall be returned to the purchaser within ten
days after the purchaser learns of the proposed price increase.
(6) If the promoter charges account fees to pay for
administrative costs of holding the purchaser’s funds in
escrow, these fees may be no more than one percent of the
total deposit paid towards the timeshare interest reservation
by the purchaser.
(7) The promoter shall provide instructions to the escrow
company for release of the funds to be held in escrow in compliance with this section and rules of the department.
(8) The purchaser’s right to cancel and the amount of the
deposit proposed to be retained for account fees in the event
of cancellation must be included in the contract for the sale of
a timeshare interest reservation and the contract must state:
PURCHASER CANCELLATION RIGHTS
As a purchaser of a timeshare interest reservation, you have
the right to cancel this timeshare interest reservation and
receive a refund of all consideration paid (less only those
account fee deductions which were fully disclosed at the time
of the agreement) by providing written notice of the cancellation to the promoter or the promoter’s agent at any time prior
to signing a purchase agreement. You also have a right to
cancel your purchase within seven days of signing a purchase
agreement.
(2006 Ed.)
Timeshare Regulation
(9) If it appears that the timeshare project will become or
does become insolvent prior to completion, the promoter
shall instruct the escrow company to immediately return all
deposits to purchasers of timeshare interest reservations. If
funds are returned under this subsection, the promoter may
not retain any portion of the deposits for account fees. [2002
c 226 § 2.]
64.36.028
64.36.028 Timeshare interest—Incomplete projects
or facilities—Promoter’s obligations—Funds—Purchaser’s rights. (1) An effective registration pursuant to this
chapter is required for any party to offer to sell a timeshare
interest. A promoter who offers to sell or sells revocable
timeshare interests in incomplete projects or facilities is limited by and must comply with all of the requirements of RCW
64.36.025. If a promoter seeks to enter into irrevocable purchase agreements with purchasers for timeshare interests in
incomplete projects or facilities, the promoter must meet the
requirements in this section in addition to RCW 64.36.020
and the following limitations and conditions apply:
(a) The promoter is limited to offering or selling only fee
simple deeded timeshare interests;
(b) Construction on the project must have begun by the
time the irrevocable purchase agreement is signed and the
purchaser must have the right to occupy the unit and use all
contracted for amenities no later than within two years of the
date that the irrevocable purchase agreement is signed;
(c) The promoter must establish an independent thirdparty escrow account for the purpose of protecting the funds
or other property paid, pledged, or deposited by purchasers;
(d) The promoter’s solicitations, advertisements, and
promotional materials must clearly and conspicuously disclose that "THE PROJECT IS NOT YET COMPLETED; IT
IS STILL UNDER CONSTRUCTION"; and
(e) The promoter’s solicitations, advertisements, and
promotional materials and the timeshare interest purchase
agreement must clearly and conspicuously provide for and
disclose the last possible estimated date for completion of
construction of any building the promoter is contractually
obligated to the purchaser to complete.
(2) The timeshare interest purchase agreement must contain the following language in fourteen-point bold face type:
"If the building in which the timeshare interest is located and
all contracted for amenities are not completed by [estimated
date of completion], the purchaser has the right to void the
purchase agreement and is entitled to a full, unqualified
refund of all moneys paid."
(3) One hundred percent of all funds or other property
that is received from or on behalf of purchasers of timeshare
interests prior to the occurrence of events required in this section must be deposited pursuant to a third-party escrow
agreement approved by the director. For purposes of this section, "purchasers" includes all persons solicited, offered, or
who purchased a timeshare interest by a promoter within the
state of Washington. An escrow agent shall maintain the
account only in such a manner as to be under the direct supervision and control of the escrow agent. The escrow agent has
a fiduciary duty to each purchaser to maintain the escrow
accounts in accordance with good accounting practices and to
release the purchaser’s funds or other property from escrow
only in accordance with this chapter. If the escrow agent
(2006 Ed.)
64.36.030
receives conflicting demands for funds or property held in
escrow, the escrow agent shall immediately notify the department of licensing of the dispute and the department shall
determine if and how the funds should be distributed. If the
purchaser, promoter, or escrow agent disagrees with the
department’s determination, the parties have the right to
request an administrative hearing under chapter 34.05 RCW.
Funds may be released from the escrow account to the purchaser if the purchaser cancels within the cancellation period,
or to the promoter only when all three of the following conditions occur:
(a) The purchaser’s cancellation period has expired;
(b) Closing has occurred; and
(c) Construction is complete and the building is ready to
occupy.
(4) In lieu of depositing purchaser funds into an escrow
account, the promoter may post with the department a bond
in an amount equal to or greater than the amount that would
otherwise be required to be placed into the escrow account.
(5) Any purchaser has the right to void the timeshare
purchase agreement and request a full, unqualified refund if
construction of the building in which the timeshare interest is
located or all contracted for amenities are not completed
within two years from the date that the irrevocable purchase
agreement is signed or by the last estimated date of construction contained in the irrevocable purchase agreement, whichever is earlier.
(6) If the completed timeshare building or contracted for
amenities are materially and adversely different from the
building or amenities that were promised to purchasers at the
time that the purchase agreements were signed, the director
may declare any or all of the purchaser contracts void.
Before declaring the contracts void, the director shall give the
promoter the opportunity for a hearing in accordance with
chapters 34.05 and 18.235 RCW.
(7) If the promoter intends to or does pledge or borrow
against funds or properties, that are held in escrow or protected by a bond, to help finance in whole or in part the construction of the timeshare project or to help pay for operating
costs, this must be fully, plainly, and conspicuously disclosed
in all written advertising, in all written solicitations for the
sale of the timeshare interests, in the registration with the
director, and in the purchase agreement or contract.
(8) A promoter who obtains an effective registration for
a revocable timeshare interest reservation must meet the
requirements of this section in order to complete an irrevocable purchase agreement. [2003 c 348 § 1.]
64.36.030
64.36.030 Application for registration—Contents.
The application for registration signed by the promoter shall
contain the following information on a form prescribed by
the director:
(1) The following financial statements showing the
financial condition of the promoter and any affiliate:
(a) A balance sheet as of a date within four months
before the filing of the application for registration; and
(b) Statements of income, shareholders’ equity, and
material changes in financial position as of the end of the last
fiscal year and for any period between the end of the last fiscal year and the date of the last balance sheet;
[Title 64 RCW—page 57]
64.36.035
Title 64 RCW: Real Property and Conveyances
(2) A projected budget for the timeshare project for two
years after the offering being made, including but not limited
to source of revenues and expenses of construction, development, management, maintenance, advertisement, operating
reserves, interest, and any other necessary reserves;
(3) A statement of the selling costs per unit and total
sales costs for the project, including sales commissions,
advertisement fees, and fees for promotional literature;
(4) A description of the background of the promoters for
the previous ten years, including information about the business experience of the promoter and any relevant criminal
convictions, civil law suits, or administrative actions related
to such promotion during that period;
(5) A statement disclosing any fees in excess of the
stated price per unit to be charged to the purchasers, a
description of their purpose, and the method of calculation;
(6) A statement disclosing when and where the promoter
or an affiliate has previously sold timeshares;
(7) A statement of any liens, defects, or encumbrances
on or affecting the title to the timeshare units;
(8) Copies of all timeshare instruments; and
(9) Any additional information to describe the risks
which the director considers appropriate. [1983 1st ex.s. c 22
§ 4.]
64.36.035
64.36.035 Applications for registration, consents to
service, affidavits, and permits to market—Authorized
signatures required—Corporate shield disclaimer prohibited. (1) Applications, consents to service of process,
affidavits, and permits to market shall be signed by the promoter, unless a trustee or person with power of attorney is
specifically authorized to make such signatures. If the signature of a person with a power of attorney or trustee is used,
the filing of the signature shall include a copy of the authorizations for the signature. No promoter or other person
responsible under this chapter shall disclaim responsibility
because the signature of a trustee or attorney in fact, or other
substitute was used.
(2) If the promoter is a corporation or a general partnership, each natural person therein, with a ten percent or greater
interest or share in the promoter, shall, in addition to the promoter, be required to sign as required in this section, but may
authorize a trustee or a person with power of attorney to make
the signatures.
(3) All persons required to use or authorizing the use of
their signatures in this section, individually or otherwise,
shall be responsible for affidavits, applications, and permits
signed, and for compliance with the provisions of this chapter. Individuals whose signatures are required under this section shall not disclaim their responsibilities because of any
corporate shield. [1987 c 370 § 2.]
64.36.040
64.36.040 Application for registration—When effective. If no stop order is in effect and no proceeding is pending
under RCW 64.36.100, a complete registration application
becomes effective at 3:00 p.m. Pacific Standard Time on the
afternoon of the thirtieth calendar day after the filing of the
application or the last amendment or at such earlier time as
the director determines. [2002 c 86 § 297; 1983 1st ex.s. c 22
§ 5.]
[Title 64 RCW—page 58]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
64.36.050
64.36.050 Timeshare offering—Duration of registration—Renewal—Amendment—Penalties. (1) A timeshare
offering is registered for a period of one year from the effective date of registration unless the director specifies a different period.
(2) Registration of a timeshare offering may be renewed
for additional periods of one year each, unless the director by
rule specifies a different period, by filing a renewal application with the director no later than thirty days before the expiration of the period in subsection (1) of this section and paying the prescribed fees. A renewal application shall contain
any information the director requires to indicate any material
changes in the information contained in the original application.
(3) If a material change in the condition of the promoter,
the promoter’s affiliates, the timeshare project, or the operation or management of the timeshare project occurs during
any year, an amendment to the documents filed under RCW
64.36.030 shall be filed, along with the prescribed fees, as
soon as reasonably possible and before any further sales
occur.
(4) The promoter shall keep the information in the written disclosures reasonably current at all times by amending
the registration. If the promoter fails to amend and keep current the written disclosures or the registrations in instances of
material change, the director may require compliance under
RCW 64.36.100 and assess penalties. [1987 c 370 § 3; 1983
1st ex.s. c 22 § 6.]
64.36.060
64.36.060 Application for registration—Acceptance
of disclosure documents—Waiver of information—Additional information. (1) In lieu of the documents required to
be filed under RCW 64.36.030, the director may by rule
accept:
(a) Any disclosure document filed with agencies of the
United States or any other state;
(b) Any disclosure document compiled in accordance
with any rule of any agency of the United States or any other
state; or
(c) Any documents submitted pursuant to registration of
a timeshare offering under chapter 58.19 RCW before August
1, 1983.
(2) The director may by rule waive disclosure of information which the director considers unnecessary for the protection of timeshare purchasers.
(3) The director may by rule require the provision of any
other information the director considers necessary to protect
timeshare purchasers. [1983 1st ex.s. c 22 § 7.]
64.36.070
64.36.070 Registration as timeshare salesperson
required—Exemption. Any individual offering timeshare
units or timeshare interest reservations for the individual’s
own account or for the account of others shall be registered as
a timeshare salesperson unless the timeshare offering is
exempt from registration under RCW 64.36.020. Registration
may be obtained by filing an application with the department
of licensing on a form prescribed by the director. The director
(2006 Ed.)
Timeshare Regulation
may require that the applicant demonstrate sufficient knowledge of the timeshare industry and this chapter. A timeshare
salesperson who is licensed as a real estate broker or salesperson under chapter 18.85 RCW is exempt from the registration
requirement of this section. [2002 c 226 § 1; 1983 1st ex.s. c
22 § 8.]
64.36.081
64.36.081 Fees. (1) Applicants or registrants under this
chapter shall pay fees determined by the director as provided
in RCW 43.24.086. These fees shall be prepaid and the director may establish fees for the following:
(a) Processing an original application for registration of
a timeshare offering, along with an additional fee for each
interval registered or in the timeshare program;
(b) Processing consolidations or adding additional
inventory into the program;
(c) Reviewing and granting exemptions;
(d) Processing annual or periodic renewals;
(e) Initially and annually processing and administering
any required impound, trust, or escrow arrangement;
(f) The review of advertising or promotional materials;
(g) Registering persons in the business of selling promotional programs for use in timeshare offerings or sales presentations;
(h) Registrations and renewal of registrations of salespersons;
(i) The transfer of salespersons’ permits to other promoters;
(j) Administering and processing examinations for salespersons;
(k) Conducting site inspections of registered projects and
projects for which registration is pending.
(2) The director may establish penalties for registrants in
any situation where a registrant has failed to file an amendment to the registration or the disclosure document in a
timely manner for material changes, as required in this chapter and rules adopted under this chapter. [1987 c 370 § 4.]
64.36.085
64.36.085 Inspections of projects—Identification of
inspectors. (1) The director may require inspections of
projects registered under this chapter and promoters and their
agents shall cooperate by permitting staff of the department
to conduct the inspections.
(2) The director may perform "spot checks" or inspections of sales offices, during tours or sales presentations or
normal business hours, for purposes of enforcing this chapter
and determining compliance by the operator and salespersons
in the sales, advertising, and promotional activities regulated
under this chapter. These inspections or spot checks may be
conducted during or at the time of sales presentations or during the hours during which sales are ordinarily scheduled.
(3) The department employee making the inspections
shall show identification upon request. It is a violation of this
chapter for the operator or its sales representatives to refuse
an inspection or refuse to cooperate with employees of the
department conducting the inspection. [1987 c 370 § 5.]
64.36.100
action against a timeshare salesperson’s registration or application for registration or a salesperson’s license under chapter 18.85 RCW who is selling under this chapter, if the director finds that the applicant or registrant has committed unprofessional conduct as described in RCW 18.235.130. In
addition, the director may take disciplinary action if the
applicant or registrant:
(1) Has filed an application for registration as a timeshare salesperson or as a licensee under chapter 18.85 RCW
which, as of its effective date, is incomplete in any material
respect;
(2) Has violated or failed to comply with any provision
of this chapter or a predecessor act or any rule or order issued
under this chapter or a predecessor act;
(3) Is permanently or temporarily enjoined by any court
or administrative order from engaging in or continuing any
conduct or practice involving any aspect of the timeshare
business;
(4) Has engaged in dishonest or unethical practices in the
timeshare, real estate, or camp resort business;
(5) Is insolvent either in the sense that the individual’s
liabilities exceed his or her assets or in the sense that the individual cannot meet his or her obligations as they mature; or
(6) Has not complied with any condition imposed by the
director or is not qualified on the basis of such factors as
training, experience, or knowledge of the timeshare business
or this chapter. [2002 c 86 § 298; 1987 c 370 § 9; 1983 1st
ex.s. c 22 § 9.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
64.36.100
64.36.100 Disciplinary action—Unprofessional conduct—Other conduct, acts, or conditions. The director
may deny or take disciplinary action against any timeshare
application or registration if the director finds that the applicant or registrant has engaged in unprofessional conduct as
described in RCW 18.235.130. In addition, the director may
deny or take disciplinary action based on the following conduct, acts, or conditions:
(1) The application, written disclosure, or registration is
incomplete;
(2) The activities of the promoter include, or would
include, activities which are unlawful or in violation of a law,
rule, or ordinance in this state or another jurisdiction;
(3) The timeshare offering has worked or tended to work
a fraud on purchasers, or would likely be adverse to the interests or the economic or physical welfare of purchasers;
(4) The protections and security arrangements to ensure
future quiet enjoyment required under RCW 64.36.130 have
not been provided as required by the director for the protection of purchasers; or
(5) The operating budget proposed by the promoter or
promoter-controlled association appears inadequate to meet
operating costs or funding of reserve accounts or fees for a
consultant to determine adequacy have not been paid by the
promoter. [2002 c 86 § 299; 1987 c 370 § 10; 1983 1st ex.s.
c 22 § 10.]
64.36.090
64.36.090 Disciplinary action against a timeshare
salesperson’s application, registration, or license—
Unprofessional conduct. The director may take disciplinary
(2006 Ed.)
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
[Title 64 RCW—page 59]
64.36.110
Title 64 RCW: Real Property and Conveyances
64.36.110
64.36.110 Requirements of transfer of promoter’s
interest—Notice to purchaser. A promoter shall not sell,
lease, assign, or otherwise transfer the promoter’s interest in
the timeshare program unless the transferee agrees in writing
to honor the timeshare purchaser’s right to use and occupy
the timeshare unit, honor the purchaser’s right to cancel, and
comply with this chapter. In the event of a transfer, each
timeshare purchaser whose contract may be affected shall be
given written notice of the transfer when the transfer is made.
[1983 1st ex.s. c 22 § 11.]
64.36.120
64.36.120 Good faith required—Provision relieving
person from duty prohibited—Out-of-state jurisdiction
or venue designation void. (1) The parties to a timeshare
agreement shall deal with each other in good faith.
(2) A timeshare promoter shall not require any timeshare
purchaser to agree to a release, assignment, novation, waiver,
or any other provision which relieves any person from a duty
imposed by this chapter.
(3) Any provision in a timeshare contract or agreement
which designates jurisdiction or venue in a forum outside this
state is void with respect to any cause of action which is
enforceable in this state. [1983 1st ex.s. c 22 § 12.]
64.36.130
64.36.130 Impoundment of proceeds from sales
authorized—Establishment of trusts, escrows, etc. (1)
The director may by rule require as a condition of registration
under this chapter that the proceeds from the sale of the timeshares be impounded until the promoter receives an amount
established by the director. The director may by rule determine the conditions of any impoundment required under this
section, including the release of moneys for promotional purposes.
(2) The director, in lieu of or in addition to requiring
impoundment under subsection (1) of this section, may
require that the registrant establish trusts, escrows, or any
other similar arrangement that assures the timeshare purchaser quiet enjoyment of the timeshare unit.
(3) Impounding will not be required for those timeshare
offerors who are able to convey fee simple title, along with
title insurance: PROVIDED, That no other facilities are
promised in the offering. [1983 1st ex.s. c 22 § 13.]
64.36.140
64.36.140 Disclosure document—Contents. Any person who offers or sells a timeshare shall provide the prospective purchaser a written disclosure document before the prospective purchaser signs an agreement for the purchase of a
timeshare. The timeshare salesperson shall date and sign the
disclosure document. The disclosure document shall include:
(1) The official name and address of the promoter, its
parent or affiliates, and the names and addresses of the director and officers of each;
(2) The location of the timeshare property;
(3) A general description of the timeshare property and
the timeshare units;
(4) A list of all units offered by the promoter in the same
project including:
(a) The types, prices, and number of units;
(b) Identification and location of units;
(c) The types and durations of the timeshares;
[Title 64 RCW—page 60]
(d) The maximum number of units that may become part
of the timeshare property; and
(e) A statement of the maximum number of timeshares
that may be created or a statement that there is no maximum.
(5) A description of any financing offered by the promoter;
(6) A statement of ownership of all properties included
in the timeshare offering including any liens or encumbrances affecting the property;
(7) Copies of any agreements or leases to be signed by
timeshare purchasers at closing and a copy of the timeshare
instrument;
(8) The identity of the managing entity and the manner,
if any, whereby the promoter may change the managing
entity;
(9) A description of the selling costs both per unit and for
the total project at the time the sale is made;
(10) A statement disclosing when and where the promoter or its affiliate has previously sold timeshares;
(11) A description of the nature and purpose of all
charges, dues, maintenance fees, and other expenses that may
be assessed, including:
(a) The current amounts assessed;
(b) The method and formula for changes; and
(c) The formula for payment of charges if all timeshares
are not sold and a statement of who pays additional costs;
(12) Any services which the promoter provides or
expenses the promoter pays which the promoter expects may
become a timeshare expense at any subsequent time;
(13) A statement in bold face type on the cover page of
the disclosure document and the cover page of the timeshare
purchase agreement that within seven days after receipt of a
disclosure document or the signing of the timeshare purchase
agreement, whichever is later, a purchaser may cancel any
agreement for the purchase of a timeshare from a promoter or
a timeshare salesperson and that the cancellation must be in
writing and be either hand delivered or mailed to the promoter or the promoter’s agent;
(14) Any restraints on transfer of a timeshare or portion
thereof;
(15) A description of the insurance coverage provided
for the benefit of timeshare owners;
(16) A full and accurate disclosure of whether the timeshare owners are to be permitted or required to become members of or participate in any program for the exchange of
property rights among themselves or with the timeshare owners of other timeshare units, or both, and a complete description of the program; and
(17) Any additional information the director finds necessary to fully inform prospective timeshare purchasers, including but not limited to information required by RCW
64.36.030. [1983 1st ex.s. c 22 § 3.]
64.36.150 Disclosure document to prospective purchasers—Cancellation and refund—Voidable agreement.
The promoter or any person offering timeshare interest shall
provide a prospective purchaser with a copy of the disclosure
document described in RCW 64.36.140 before the execution
of any agreement for the purchase of a timeshare. A purchaser may, for seven days following execution of an agreement to purchase a timeshare, cancel the agreement and
64.36.150
(2006 Ed.)
Timeshare Regulation
receive a refund of any consideration paid by providing written notice of the cancellation to the promoter or the promoter’s agent either by mail or hand delivery. If the purchaser does not receive the disclosure document, the agreement is voidable by the purchaser until the purchaser receives
the document and for seven days thereafter. [1983 1st ex.s. c
22 § 14.]
64.36.160
64.36.160 Application of liability provisions. No provision of this chapter imposing any liability applies to any act
or omission in good faith in conformity with any rule, form,
or order of the director, notwithstanding that the rule, form,
or order may later be amended or rescinded or determined by
judicial or other authority to be invalid for any reason. [1983
1st ex.s. c 22 § 15.]
64.36.220
order that it has been entered and the reasons therefor and that
if requested in writing by such person within fifteen days
after service of the director’s notification, the matter will be
scheduled for hearing which shall be held within a reasonable
time and in accordance with chapter 34.05 RCW. The temporary order shall remain in effect until ten days after the hearing is held.
(3) If a person does not request a hearing, the order shall
become final.
(4) Unlicensed timeshare activity is subject to RCW
18.235.150. [2002 c 86 § 301; 1983 1st ex.s. c 22 § 19.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
64.36.210
64.36.170
64.36.170 Noncompliance—Unfair practice under
chapter 19.86 RCW. Any failure to comply with this chapter constitutes an unfair and deceptive trade practice under
chapter 19.86 RCW. [1983 1st ex.s. c 22 § 16.]
64.36.185
64.36.185 Director’s powers—Employment of outside persons for advice on project operating budget—
Reimbursement by promoter—Notice and hearing. (1) If
it appears that the operating budget of a project fails to adequately provide for funding of reserve accounts, the director
may employ outside professionals or consultants to provide
advice or to develop an alternative budget. The promoter
shall pay or reimburse the department for the costs incurred
for such professional opinions.
(2) Before employing consultants under this section, the
director shall provide the applicant with written notice and an
opportunity for a hearing under chapter 34.05 RCW. [1987 c
370 § 6.]
64.36.195
64.36.195 Assurances of discontinuance—Violation
of assurance constitutes unprofessional conduct. The
director or persons to whom the director delegates such powers may enter into assurances of discontinuance in lieu of
issuing a statement of charges or a cease and desist order or
conducting a hearing under this chapter. The assurances shall
consist of a statement of the law in question and an agreement
to not violate the stated provision. The applicant or registrant
shall not be required to admit to any violation of the law, nor
shall the assurance be construed as such an admission. Violation or breaching of an assurance under this section shall constitute unprofessional conduct for which disciplinary action
may be taken under RCW 18.235.110 and 18.235.130. [2002
c 86 § 300; 1987 c 370 § 7.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
64.36.200
64.36.200 Cease and desist order—Notification—
Hearing. (1) The director may order any person to cease and
desist from an act or practice if it appears that the person is
violating or is about to violate any provision of this chapter or
any rule or order issued under this chapter.
(2) Upon the entry of the temporary order to cease and
desist, the director shall promptly notify the recipient of the
(2006 Ed.)
64.36.210 Unlawful acts—Penalties. (1) It is unlawful
for any person in connection with the offer, sale, or lease of
any timeshare in the state:
(a) To make any untrue or misleading statement of a
material fact, or to omit a material fact;
(b) To employ any device, scheme, or artifice to defraud;
(c) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon any
person;
(d) To file, or cause to be filed, with the director any document which contains any untrue or misleading information;
or
(e) To violate any rule or order of the director.
(2)(a) Any person who knowingly violates this section is
guilty of a class C felony punishable according to chapter
9A.20 RCW.
(b) No indictment or information for a felony may be
returned under this chapter more than five years after the
alleged violation. [2003 c 53 § 290; 1983 1st ex.s. c 22 § 20.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
64.36.220
64.36.220 Injunction, restraining order, writ of mandamus—Costs and attorney’s fees—Penalties—Appointment of receiver or conservator. (1) The attorney general,
in the name of the state or the director, may bring an action to
enjoin any person from violating any provision of this chapter. Upon a proper showing, the superior court shall grant a
permanent or temporary injunction, restraining order, or writ
of mandamus. The court may make any additional orders or
judgments which may be necessary to restore to any person
any interest in any money or property, real or personal, which
may have been acquired by means of any act prohibited or
declared to be unlawful under this chapter. The prevailing
party may recover costs of the action, including a reasonable
attorney’s fee.
(2) The superior court issuing an injunction shall retain
jurisdiction. Any person who violates the terms of an injunction shall pay a civil penalty of not more than twenty-five
thousand dollars.
(3) The attorney general, in the name of the state or the
director, may apply to the superior court to appoint a receiver
or conservator for any person, or the assets of any person,
who is subject to a cease and desist order, permanent or temporary injunction, restraining order, or writ of mandamus.
[Title 64 RCW—page 61]
64.36.225
Title 64 RCW: Real Property and Conveyances
(4) Proceedings for injunctions for unlicensed timeshare
activity must be conducted under the provisions of RCW
18.235.150. [2002 c 86 § 302; 1983 1st ex.s. c 22 § 21.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
64.36.225
64.36.225 Liability of registrant or applicant for
costs of proceedings. A registrant or applicant against
whom an administrative or legal proceeding authorized under
this chapter has been filed, shall be liable for and reimburse
to the state of Washington by payment into the business and
professions account created in RCW 43.24.150, all administrative and legal costs, including attorneys’ fees, incurred by
the department in issuing and conducting administrative or
legal proceedings that result in a final legal or administrative
determination of any type or degree, in favor of the department or the state of Washington. [2005 c 25 § 4; 1987 c 370
§ 8.]
Effective date—2005 c 25: See note following RCW 43.24.150.
64.36.240
64.36.240 Liability for violation of chapter. Any person who offers, sells, or materially aids in such offer or sale
of a timeshare in violation of this chapter is liable to the person buying the timeshare who may sue either at law or in
equity to recover the consideration paid for the timeshare,
together with interest at ten percent per annum from date of
payment and costs upon the tender of the timeshare, or for
damages if the person no longer owns the timeshare. [1983
1st ex.s. c 22 § 23.]
64.36.250
64.36.250 Appointment of director to receive service—Requirements for effective service. Every applicant
for registration under this chapter shall file with the director,
in a form the director prescribes by rule, an irrevocable consent appointing the director to be the attorney of the applicant
to receive service of any lawful process in any civil suit,
action, or proceeding against the applicant or the applicant’s
successor, executor, or administrator which arises under this
chapter or any rule or order issued under this chapter after the
consent has been filed, with the same force and validity as if
served personally on the person filing the consent. Service
may be made by leaving a copy of the process in the office of
the director, but it is not effective unless: (1) The plaintiff,
who may be the director in a suit, action, or proceeding instituted by the director, forthwith sends notice of the service and
a copy of the process by certified mail to the defendant or
respondent at the last address of the respondent or defendant
on file with the director; and (2) the plaintiff’s affidavit of
compliance with this section is filed in the case on or before
the return day of the process, if any, or within such further
time as the court allows. [1983 1st ex.s. c 22 § 24.]
64.36.260
64.36.260 Certain acts not constituting findings or
approval by the director—Certain representations
unlawful. Neither the fact that an application for registration
nor a disclosure document under RCW 64.36.140 has been
filed, nor the fact that a timeshare offering is effectively registered, constitutes a finding by the director that any document filed under this chapter is true, complete, and not mis[Title 64 RCW—page 62]
leading, nor does either fact mean that the director has determined in any way the merits of, qualifications of, or
recommended or given approval to any person, timeshare, or
transaction. It is unlawful to make, or cause to be made, to
any prospective purchaser any representation inconsistent
with this section. [1983 1st ex.s. c 22 § 25.]
64.36.270
64.36.270 Rules, forms, and orders—Interpretive
opinions. The director may make, amend, and repeal rules,
forms, and orders when necessary to carry out this chapter.
The director may honor requests for interpretive opinions.
[1983 1st ex.s. c 22 § 26.]
64.36.290
64.36.290 Application of chapters 21.20, 58.19, and
19.105 RCW—Exemption of certain camping and outdoor recreation enterprises. (1) All timeshares registered
under this chapter are exempt from chapters 21.20, 58.19,
and 19.105 RCW.
(2) This chapter shall not apply to any enterprise that has
as its primary purpose camping and outdoor recreation and
camping sites designed and promoted for the purpose of purchasers locating a trailer, tent, tent trailer, pick-up camper, or
other similar device used for land-based portable housing.
[1987 c 370 § 11; 1983 1st ex.s. c 22 § 28.]
64.36.310
64.36.310 Copy of advertisement to be filed with
director before publication—Application of chapter limited. (1) No person may publish any advertisement in this
state offering a timeshare which is subject to the registration
requirements of RCW 64.36.020 unless a true copy of the
advertisement has been filed in the office of the director at
least seven days before publication or a shorter period which
the director by rule may establish. The right to subsequently
publish the advertisement is subject to the approval of the
director within that seven day period.
(2) Nothing in this chapter applies to any radio or television station or any publisher, printer, or distributor of any
newspaper, magazine, billboard, or other advertising medium
which accepts advertising in good faith without knowledge of
its violation of any provision of this chapter. This subsection
does not apply, however, to any publication devoted primarily to the soliciting of resale timeshare offerings and where
the publisher or owner of the publication collects advance
fees for the purpose of locating or finding potential resale
buyers or sellers. [1987 c 370 § 12; 1983 1st ex.s. c 22 § 31.]
64.36.320
64.36.320 Free gifts, awards, and prizes—Security
arrangement required of promisor—Other requirements—Private causes of action. (1) No person, including
a promoter, may advertise, sell, contract for, solicit, arrange,
or promise a free gift, an award, a prize, or other item of value
in this state as a condition for attending a sales presentation,
touring a facility, or performing other activities in connection
with the offer or sale of a timeshare under this chapter, without first providing the director with a bond, letter of credit,
cash depository, or other security arrangement that will
assure performance by the promisor and delivery of the
promised gift, award, sweepstakes, prize, or other item of
value.
(2006 Ed.)
Homeowners’ Associations
(2) Promoters under this chapter shall be strictly liable
for delivering promised gifts, prizes, awards, or other items
of value offered or advertised in connection with the marketing of timeshares.
(3) Persons promised but not receiving gifts, prizes,
awards, or other items of consideration covered under this
section, shall be entitled in any cause of action in the courts
of this state in which their causes prevail, to be awarded treble the stated value of the gifts, prizes, or awards, court costs,
and reasonable attorney fees.
(4) The director may require that any fees or funds of any
description collected from persons in advance, in connection
with delivery by the promisor of gifts, prizes, awards, or
other items of value covered under this section, be placed in
a depository in this state, where they shall remain until performance by the promisor.
(5) The director may require commercial promotional
programs to be registered and require the provision of whatever information, including financial information, the department deems necessary for protection of purchasers.
(6) Persons offering commercial promotional programs
shall sign and present to the department a consent to service
of process, in the manner required of promoters in this chapter.
(7) Registrants or their agents or other persons shall not
take possession of promotional materials covered under this
section and RCW 64.36.310, from recipients who have
received the materials for attending a sales presentation or
touring a project, unless the permission of the recipient is
received and the recipient is provided with an accurate signed
copy describing such promotional materials. The department
shall adopt rules enforcing this subsection.
(8) Chapter 19.170 RCW applies to free gifts, awards,
prizes, or other items of value regulated under this chapter.
[1991 c 227 § 10; 1987 c 370 § 13.]
Severability—1991 c 227: See RCW 19.170.900.
64.36.330
64.36.330 Membership lists available for members
and owners—Conditions—Exclusion of members’ names
from list—Commercial use of list. (1) Concerning any
timeshare offered or sited in this state, it is unlawful and a
violation of this chapter and chapter 19.86 RCW for any person, developer, promoter, operator, or other person in control
of timeshares or the board of directors or appropriate officer
of timeshares with such responsibilities, to fail to provide a
member/owner of a timeshare with a membership list, including names, addresses, and lot, unit, or interval owned, under
the following circumstances:
(a) Upon demand or by rule or order of the director of the
department, for whatever purpose deemed necessary to
administer this chapter;
(b) Upon written request sent by certified mail being
made by a member of the timeshare, to a declarant, promoter,
or other person who has established and is yet in control of
the timeshare;
(c) Upon written request sent by certified mail of a member of a timeshare to the board of directors or appropriate
officer of the timeshare or an affiliated timeshare.
(2) The board of directors of the timeshare may require
that any applicant for a membership list, other than the
(2006 Ed.)
Chapter 64.38
department, pay reasonable costs for providing the list and an
affidavit that the applicant will not use and will be responsible for any use of the list for commercial purposes.
(3) Upon request, a member’s name shall be excluded
from a membership list available to any person other than the
director of licensing for purposes of administering statutes
that are its responsibility. Such persons shall make their
request for exclusion in writing by certified mail to the board
of directors or the appropriate officer or director of the timeshare.
(4) It is unlawful for any person to use a membership list
obtained under this section or otherwise, for commercial purposes, unless written permission to do so has been received
from the board of directors or appropriate officer of the timeshare. Wilful use of a membership list for commercial purposes without such permission shall subject the violator to
damages, costs, and reasonable attorneys’ fees in any legal
proceedings instituted by a member in which the member
prevails alleging violation of this section. Members may petition the courts of this state for orders restraining such commercial use. [1987 c 370 § 14.]
64.36.340
64.36.340 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 304.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
64.36.900
64.36.900 Short title. This chapter may be known and
cited as "The Timeshare Act." [1983 1st ex.s. c 22 § 32.]
64.36.901
64.36.901 Severability—1983 1st ex.s. c 22. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 22 § 35.]
Chapter 64.38
Chapter 64.38 RCW
HOMEOWNERS’ ASSOCIATIONS
Sections
64.38.005
64.38.010
64.38.015
64.38.020
64.38.025
64.38.028
64.38.030
64.38.033
64.38.034
64.38.035
64.38.040
64.38.045
64.38.050
Intent.
Definitions.
Association membership.
Association powers.
Board of directors—Standard of care—Restrictions—Budget—Removal from board.
Removal of discriminatory provisions in governing documents—Procedure.
Association bylaws.
Flag of the United States—Outdoor display—Governing documents.
Political yard signs—Governing documents.
Association meetings—Notice—Board of directors.
Quorum for meeting.
Financial and other records—Property of association—Copies—Examination—Annual financial statement—Accounts.
Violation—Remedy—Attorneys’ fees.
Speed enforcement: RCW 46.61.419.
[Title 64 RCW—page 63]
64.38.005
Title 64 RCW: Real Property and Conveyances
64.38.005
64.38.005 Intent. The intent of this chapter is to provide consistent laws regarding the formation and legal
administration of homeowners’ associations. [1995 c 283 §
1.]
64.38.010
64.38.010 Definitions. For purposes of this chapter:
(1) "Homeowners’ association" or "association" means a
corporation, unincorporated association, or other legal entity,
each member of which is an owner of residential real property located within the association’s jurisdiction, as described
in the governing documents, and by virtue of membership or
ownership of property is obligated to pay real property taxes,
insurance premiums, maintenance costs, or for improvement
of real property other than that which is owned by the member. "Homeowners’ association" does not mean an association created under chapter 64.32 or 64.34 RCW.
(2) "Governing documents" means the articles of incorporation, bylaws, plat, declaration of covenants, conditions,
and restrictions, rules and regulations of the association, or
other written instrument by which the association has the
authority to exercise any of the powers provided for in this
chapter or to manage, maintain, or otherwise affect the property under its jurisdiction.
(3) "Board of directors" or "board" means the body,
regardless of name, with primary authority to manage the
affairs of the association.
(4) "Common areas" means property owned, or otherwise maintained, repaired or administered by the association.
(5) "Common expense" means the costs incurred by the
association to exercise any of the powers provided for in this
chapter.
(6) "Residential real property" means any real property,
the use of which is limited by law, covenant or otherwise to
primarily residential or recreational purposes. [1995 c 283 §
2.]
64.38.015
64.38.015 Association membership. The membership
of an association at all times shall consist exclusively of the
owners of all real property over which the association has
jurisdiction, both developed and undeveloped. [1995 c 283 §
3.]
64.38.020
64.38.020 Association powers. Unless otherwise provided in the governing documents, an association may:
(1) Adopt and amend bylaws, rules, and regulations;
(2) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for
common expenses from owners;
(3) Hire and discharge or contract with managing agents
and other employees, agents, and independent contractors;
(4) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or
two or more owners on matters affecting the homeowners’
association, but not on behalf of owners involved in disputes
that are not the responsibility of the association;
(5) Make contracts and incur liabilities;
(6) Regulate the use, maintenance, repair, replacement,
and modification of common areas;
(7) Cause additional improvements to be made as a part
of the common areas;
[Title 64 RCW—page 64]
(8) Acquire, hold, encumber, and convey in its own
name any right, title, or interest to real or personal property;
(9) Grant easements, leases, licenses, and concessions
through or over the common areas and petition for or consent
to the vacation of streets and alleys;
(10) Impose and collect any payments, fees, or charges
for the use, rental, or operation of the common areas;
(11) Impose and collect charges for late payments of
assessments and, after notice and an opportunity to be heard
by the board of directors or by the representative designated
by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations
adopted by the board of directors, levy reasonable fines in
accordance with a previously established schedule adopted
by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association;
(12) Exercise any other powers conferred by the bylaws;
(13) Exercise all other powers that may be exercised in
this state by the same type of corporation as the association;
and
(14) Exercise any other powers necessary and proper for
the governance and operation of the association. [1995 c 283
§ 4.]
Speed enforcement: RCW 46.61.419.
64.38.025
64.38.025 Board of directors—Standard of care—
Restrictions—Budget—Removal from board. (1) Except
as provided in the association’s governing documents or this
chapter, the board of directors shall act in all instances on
behalf of the association. In the performance of their duties,
the officers and members of the board of directors shall exercise the degree of care and loyalty required of an officer or
director of a corporation organized under chapter 24.03
RCW.
(2) The board of directors shall not act on behalf of the
association to amend the articles of incorporation, to take any
action that requires the vote or approval of the owners, to terminate the association, to elect members of the board of
directors, or to determine the qualifications, powers, and
duties, or terms of office of members of the board of directors; but the board of directors may fill vacancies in its membership of the unexpired portion of any term.
(3) Within thirty days after adoption by the board of
directors of any proposed regular or special budget of the
association, the board shall set a date for a meeting of the
owners to consider ratification of the budget not less than
fourteen nor more than sixty days after mailing of the summary. Unless at that meeting the owners of a majority of the
votes in the association are allocated or any larger percentage
specified in the governing documents reject the budget, in
person or by proxy, the budget is ratified, whether or not a
quorum is present. In the event the proposed budget is
rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such
time as the owners ratify a subsequent budget proposed by
the board of directors.
(4) The owners by a majority vote of the voting power in
the association present, in person or by proxy, and entitled to
vote at any meeting of the owners at which a quorum is
(2006 Ed.)
Homeowners’ Associations
present, may remove any member of the board of directors
with or without cause. [1995 c 283 § 5.]
64.38.028
64.38.028 Removal of discriminatory provisions in
governing documents—Procedure. (1) The association,
acting through a simple majority vote of its board, may
amend the association’s governing documents for the purpose of removing:
(a) Every covenant, condition, or restriction that purports
to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals of a specified race,
creed, color, sex, or national origin; families with children
status; individuals with any sensory, mental, or physical disability; or individuals who use a trained dog guide or service
animal because they are blind or deaf or have a physical disability; and
(b) Every covenant, condition, restriction, or prohibition,
including a right of entry or possibility of reverter, that
directly or indirectly limits the use or occupancy of real property on the basis of race, creed, color, sex, national origin;
families with children status; the presence of any sensory,
mental, or physical disability; or the use of a trained dog
guide or service animal by a person with a physical disability
or who is blind or deaf.
(2) Upon the board’s receipt of a written request by a
member of the association that the board exercise its amending authority granted under subsection (1) of this section, the
board must, within a reasonable time, amend the governing
documents, as provided under this section.
(3) Amendments under subsection (1) of this section
may be executed by any board officer.
(4) Amendments made under subsection (1) of this section must be recorded in the public records and state the following:
"This amendment strikes from these covenants,
conditions, and restrictions those provisions that are
void under RCW 49.60.224. Specifically, this
amendment strikes:
(a) Those provisions that forbid or restrict use,
occupancy, conveyance, encumbrance, or lease of
real property to individuals of a specified race,
creed, color, sex, or national origin; families with
children status; individuals with any sensory, mental, or physical disability; or individuals who use a
trained dog guide or service animal because they are
blind or deaf or have a physical disability; and
(b) Every covenant, condition, restriction, or
prohibition, including a right of entry or possibility
of reverter, that directly or indirectly limits the use
or occupancy of real property on the basis of race,
creed, color, sex, national origin; families with children status; the presence of any sensory, mental, or
physical disability; or the use of a trained dog guide
or service animal by a person with a physical disability or who is blind or deaf."
(5) Board action under this section does not require the
vote or approval of the owners.
(6) As provided in RCW 49.60.227, any owner, occupant, or tenant in the association or board may bring an action
(2006 Ed.)
64.38.033
in superior court to have any provision of a written instrument that is void pursuant to RCW 49.60.224 stricken from
the public records.
(7) Nothing in this section prohibiting discrimination
based on families with children status applies to housing for
older persons as defined by the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as
amended by the housing for older persons act of 1995, P.L.
104-76, as enacted on December 28, 1995. Nothing in this
section authorizes requirements for housing for older persons
different than the requirements in the federal fair housing
amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through
(3), as amended by the housing for older persons act of 1995,
P.L. 104-76, as enacted on December 28, 1995.
(8) Except as otherwise provided in subsection (2) of this
section, (a) nothing in this section creates a duty on the part
of owners, occupants, tenants, associations, or boards to
amend the governing documents as provided in this section,
or to bring an action as authorized under this section and
RCW 49.60.227; and (b) an owner, occupant, tenant, association, or board is not liable for failing to amend the governing
documents or to pursue an action in court as authorized under
this section and RCW 49.60.227. [2006 c 58 § 2.]
Finding—Intent—2006 c 58: "The legislature finds that some homeowners’ associations have governing documents that contain discriminatory
covenants, conditions, or restrictions that are void and unenforceable under
both the federal fair housing amendments act of 1988 and RCW 49.60.224.
The continued existence of these discriminatory covenants, conditions, or
restrictions is contrary to public policy and repugnant to many property owners. It is the intent of chapter 58, Laws of 2006 to allow homeowners’ associations to remove all remnants of discrimination from their governing documents." [2006 c 58 § 1.]
64.38.030
64.38.030 Association bylaws. Unless provided for in
the governing documents, the bylaws of the association shall
provide for:
(1) The number, qualifications, powers and duties, terms
of office, and manner of electing and removing the board of
directors and officers and filling vacancies;
(2) Election by the board of directors of the officers of
the association as the bylaws specify;
(3) Which, if any, of its powers the board of directors or
officers may delegate to other persons or to a managing
agent;
(4) Which of its officers may prepare, execute, certify,
and record amendments to the governing documents on
behalf of the association;
(5) The method of amending the bylaws; and
(6) Subject to the provisions of the governing documents, any other matters the association deems necessary and
appropriate. [1995 c 283 § 6.]
64.38.033
64.38.033 Flag of the United States—Outdoor display—Governing documents. (1) The governing documents may not prohibit the outdoor display of the flag of the
United States by an owner or resident on the owner’s or resident’s property if the flag is displayed in a manner consistent
with federal flag display law, 4 U.S.C. Sec. 1 et seq. The
governing documents may include reasonable rules and regulations, consistent with 4 U.S.C. Sec. 1 et seq., regarding the
placement and manner of display of the flag of the United
States.
[Title 64 RCW—page 65]
64.38.034
Title 64 RCW: Real Property and Conveyances
(2) The governing documents may not prohibit the
installation of a flagpole for the display of the flag of the
United States. The governing documents may include reasonable rules and regulations regarding the location and the
size of the flagpole.
(3) For purposes of this section, "flag of the United
States" means the flag of the United States as defined in federal flag display law, 4 U.S.C. Sec. 1 et seq., that is made of
fabric, cloth, or paper and that is displayed from a staff or
flagpole or in a window. For purposes of this section, "flag
of the United States" does not mean a flag depiction or
emblem made of lights, paint, roofing, siding, paving materials, flora, or balloons, or of any similar building, landscaping,
or decorative component.
(4) The provisions of this section shall be construed to
apply retroactively to any governing documents in effect on
June 10, 2004. Any provision in a governing document in
effect on June 10, 2004, that is inconsistent with this section
shall be void and unenforceable. [2004 c 169 § 1.]
64.38.034
64.38.034 Political yard signs—Governing documents. (1) The governing documents may not prohibit the
outdoor display of political yard signs by an owner or resident on the owner’s or resident’s property before any primary
or general election. The governing documents may include
reasonable rules and regulations regarding the placement and
manner of display of political yard signs.
(2) This section applies retroactively to any governing
documents in effect on July 24, 2005. Any provision in a
governing document in effect on July 24, 2005, that is inconsistent with this section is void and unenforceable. [2005 c
179 § 1.]
64.38.035
64.38.035 Association meetings—Notice—Board of
directors. (1) A meeting of the association must be held at
least once each year. Special meetings of the association may
be called by the president, a majority of the board of directors, or by owners having ten percent of the votes in the association. Not less than fourteen nor more than sixty days in
advance of any meeting, the secretary or other officers specified in the bylaws shall cause notice to be hand-delivered or
sent prepaid by first class United States mail to the mailing
address of each owner or to any other mailing address designated in writing by the owner. The notice of any meeting
shall state the time and place of the meeting and the business
to be placed on the agenda by the board of directors for a vote
by the owners, including the general nature of any proposed
amendment to the articles of incorporation, bylaws, any budget or changes in the previously approved budget that result
in a change in assessment obligation, and any proposal to
remove a director.
(2) Except as provided in this subsection, all meetings of
the board of directors shall be open for observation by all
owners of record and their authorized agents. The board of
directors shall keep minutes of all actions taken by the board,
which shall be available to all owners. Upon the affirmative
vote in open meeting to assemble in closed session, the board
of directors may convene in closed executive session to consider personnel matters; consult with legal counsel or consider communications with legal counsel; and discuss likely
[Title 64 RCW—page 66]
or pending litigation, matters involving possible violations of
the governing documents of the association, and matters
involving the possible liability of an owner to the association.
The motion shall state specifically the purpose for the closed
session. Reference to the motion and the stated purpose for
the closed session shall be included in the minutes. The board
of directors shall restrict the consideration of matters during
the closed portions of meetings only to those purposes specifically exempted and stated in the motion. No motion, or other
action adopted, passed, or agreed to in closed session may
become effective unless the board of directors, following the
closed session, reconvenes in open meeting and votes in the
open meeting on such motion, or other action which is reasonably identified. The requirements of this subsection shall
not require the disclosure of information in violation of law
or which is otherwise exempt from disclosure. [1995 c 283 §
7.]
64.38.040
64.38.040 Quorum for meeting. Unless the governing
documents specify a different percentage, a quorum is
present throughout any meeting of the association if the owners to which thirty-four percent of the votes of the association
are allocated are present in person or by proxy at the beginning of the meeting. [1995 c 283 § 8.]
64.38.045
64.38.045 Financial and other records—Property of
association—Copies—Examination—Annual financial
statement—Accounts. (1) The association or its managing
agent shall keep financial and other records sufficiently
detailed to enable the association to fully declare to each
owner the true statement of its financial status. All financial
and other records of the association, including but not limited
to checks, bank records, and invoices, in whatever form they
are kept, are the property of the association. Each association
managing agent shall turn over all original books and records
to the association immediately upon termination of the management relationship with the association, or upon such other
demand as is made by the board of directors. An association
managing agent is entitled to keep copies of association
records. All records which the managing agent has turned
over to the association shall be made reasonably available for
the examination and copying by the managing agent.
(2) All records of the association, including the names
and addresses of owners and other occupants of the lots, shall
be available for examination by all owners, holders of mortgages on the lots, and their respective authorized agents on
reasonable advance notice during normal working hours at
the offices of the association or its managing agent. The association shall not release the unlisted telephone number of any
owner. The association may impose and collect a reasonable
charge for copies and any reasonable costs incurred by the
association in providing access to records.
(3) At least annually, the association shall prepare, or
cause to be prepared, a financial statement of the association.
The financial statements of associations with annual assessments of fifty thousand dollars or more shall be audited at
least annually by an independent certified public accountant,
but the audit may be waived if sixty-seven percent of the
votes cast by owners, in person or by proxy, at a meeting of
(2006 Ed.)
Property Rights—Damages from Governmental Actions
the association at which a quorum is present, vote each year
to waive the audit.
(4) The funds of the association shall be kept in accounts
in the name of the association and shall not be commingled
with the funds of any other association, nor with the funds of
any manager of the association or any other person responsible for the custody of such funds. [1995 c 283 § 9.]
64.38.050 Violation—Remedy—Attorneys’ fees.
Any violation of the provisions of this chapter entitles an
aggrieved party to any remedy provided by law or in equity.
The court, in an appropriate case, may award reasonable
attorneys’ fees to the prevailing party. [1995 c 283 § 10.]
Chapter 64.44
agency which are designed to prevent a condition which
would constitute a threat to the health, safety, welfare, or
morals of residents in the area.
In any action brought pursuant to this chapter, a defense
is available to a political subdivision of this state that its act
was mandated by a change in statute or state rule or regulation and that such a change became effective subsequent to
the filing of an application for a permit. [1982 c 232 § 1.]
64.38.050
Chapter 64.40 RCW
PROPERTY RIGHTS—DAMAGES FROM
GOVERNMENTAL ACTIONS
Chapter 64.40
Sections
64.40.010
64.40.020
64.40.030
64.40.040
64.40.900
Definitions—Defense in action for damages.
Applicant for permit—Actions for damages from governmental actions.
Commencement of action—Time limitation.
Remedies cumulative.
Severability—1982 c 232.
64.40.010 Definitions—Defense in action for damages. As used in this chapter, the terms in this section shall
have the meanings indicated unless the context clearly
requires otherwise.
(1) "Agency" means the state of Washington, any of its
political subdivisions, including any city, town, or county,
and any other public body exercising regulatory authority or
control over the use of real property in the state.
(2) "Permit" means any governmental approval required
by law before an owner of a property interest may improve,
sell, transfer, or otherwise put real property to use.
(3) "Property interest" means any interest or right in real
property in the state.
(4) "Damages" means reasonable expenses and losses,
other than speculative losses or profits, incurred between the
time a cause of action arises and the time a holder of an interest in real property is granted relief as provided in RCW
64.40.020. Damages must be caused by an act, necessarily
incurred, and actually suffered, realized, or expended, but are
not based upon diminution in value of or damage to real property, or litigation expenses.
(5) "Regulation" means any ordinance, resolution, or
other rule or regulation adopted pursuant to the authority provided by state law, which imposes or alters restrictions, limitations, or conditions on the use of real property.
(6) "Act" means a final decision by an agency which
places requirements, limitations, or conditions upon the use
of real property in excess of those allowed by applicable regulations in effect on the date an application for a permit is
filed. "Act" also means the failure of an agency to act within
time limits established by law in response to a property
owner’s application for a permit: PROVIDED, That there is
no "act" within the meaning of this section when the owner of
a property interest agrees in writing to extensions of time, or
to the conditions or limitations imposed upon an application
for a permit. "Act" shall not include lawful decisions of an
64.40.010
(2006 Ed.)
64.40.020
64.40.020 Applicant for permit—Actions for damages from governmental actions. (1) Owners of a property
interest who have filed an application for a permit have an
action for damages to obtain relief from acts of an agency
which are arbitrary, capricious, unlawful, or exceed lawful
authority, or relief from a failure to act within time limits
established by law: PROVIDED, That the action is unlawful
or in excess of lawful authority only if the final decision of
the agency was made with knowledge of its unlawfulness or
that it was in excess of lawful authority, or it should reasonably have been known to have been unlawful or in excess of
lawful authority.
(2) The prevailing party in an action brought pursuant to
this chapter may be entitled to reasonable costs and attorney’s fees.
(3) No cause of action is created for relief from unintentional procedural or ministerial errors of an agency.
(4) Invalidation of any regulation in effect prior to the
date an application for a permit is filed with the agency shall
not constitute a cause of action under this chapter. [1982 c
232 § 2.]
64.40.030
64.40.030 Commencement of action—Time limitation. Any action to assert claims under the provisions of this
chapter shall be commenced only within thirty days after all
administrative remedies have been exhausted. [1982 c 232 §
3.]
64.40.040
64.40.040 Remedies cumulative. The remedies provided by this chapter are in addition to any other remedies
provided by law. [1982 c 232 § 4.]
64.40.900
64.40.900 Severability—1982 c 232. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 232 § 5.]
Chapter 64.44
Chapter 64.44 RCW
CONTAMINATED PROPERTIES
Sections
64.44.005
64.44.010
64.44.020
64.44.030
64.44.040
64.44.050
64.44.060
Legislative finding.
Definitions.
Reporting—Warning—Notice—Duties of local health officer.
Order declaring property unfit and prohibiting use—Notice—
Hearing—Emergency order.
Orders declaring property unfit and prohibiting use—City,
county action—Entrance upon property prohibited.
Decontamination, demolition, or disposal by owner—Requirements—Decontamination timeline.
Certification of contractors, supervisors, or workers—Denial,
suspension, revocation, or restrictions on certificate—Penalties—Fees—Decontamination account.
[Title 64 RCW—page 67]
64.44.005
64.44.070
Title 64 RCW: Real Property and Conveyances
Rules and standards—Chapter administration, property decontamination, independent third party sampling.
Annual evaluation and inspection of decontamination projects.
Civil liability—Immunity.
Application—Other remedies.
Severability—1990 c 213.
64.44.020
64.44.010 Definitions. The words and phrases defined
in this section shall have the following meanings when used
in this chapter unless the context clearly indicates otherwise.
(1) "Authorized contractor" means a person who decontaminates, demolishes, or disposes of contaminated property
as required by this chapter who is certified by the department
as provided for in RCW 64.44.060.
(2) "Contaminated" or "contamination" means polluted
by hazardous chemicals so that the property is unfit for
human habitation or use due to immediate or long-term hazards. Property that at one time was contaminated but has
been satisfactorily decontaminated according to procedures
established by the state board of health is not "contaminated."
(3) "Department" means the department of health.
(4) "Hazardous chemicals" means the following substances associated with the illegal manufacture of controlled
substances: (a) Hazardous substances as defined in RCW
70.105D.020; (b) precursor substances as defined in RCW
69.43.010 which the state board of health, in consultation
with the state board of pharmacy, has determined present an
immediate or long-term health hazard to humans; and (c) the
controlled substance or substances being manufactured, as
defined in RCW 69.50.101.
(5) "Officer" means a local health officer authorized
under chapters 70.05, 70.08, and 70.46 RCW.
(6) "Property" means any real or personal property, or
segregable part thereof, that is involved in or affected by the
unauthorized manufacture, distribution, or storage of hazardous chemicals. This includes but is not limited to single-family residences, units of multiplexes, condominiums, apartment buildings, boats, motor vehicles, trailers, manufactured
housing, any shop, booth, garden, or storage shed, and all
contents of the items referenced in this subsection. [2006 c
339 § 201; 1999 c 292 § 2; 1990 c 213 § 2.]
64.44.020 Reporting—Warning—Notice—Duties of
local health officer. Whenever a law enforcement agency
becomes aware that property has been contaminated by hazardous chemicals, that agency shall report the contamination
to the local health officer. The local health officer shall cause
a posting of a written warning on the premises within one
working day of notification of the contamination and shall
inspect the property within fourteen days after receiving the
notice of contamination. The warning posting for any property that includes a hotel or motel holding a current license
under RCW 70.62.220, shall be limited to inside the room or
on the door of the contaminated room and no written warning
posting shall be posted in the lobby of the facility. The warning shall inform the potential occupants that hazardous chemicals may exist on, or have been removed from, the premises
and that entry is unsafe. If a property owner believes that a
tenant has contaminated property that was being leased or
rented, and the property is vacated or abandoned, then the
property owner shall contact the local health officer about the
possible contamination. Local health officers or boards may
charge property owners reasonable fees for inspections of
suspected contaminated property requested by property owners.
A local health officer may enter, inspect, and survey at
reasonable times any properties for which there are reasonable grounds to believe that the property has become contaminated. If the property is contaminated, the local health
officer shall post a written notice declaring that the officer
intends to issue an order prohibiting use of the property as
long as the property is contaminated.
If access to the property is denied, a local health officer
in consultation with law enforcement may seek a warrant for
the purpose of conducting administrative inspections. A
superior, district, or municipal court within the jurisdiction of
the property may, based upon probable cause that the property is contaminated, issue warrants for the purpose of conducting administrative inspections.
Local health officers must report all cases of contaminated property to the state department of health. The department may make the list of contaminated properties available
to health associations, landlord and realtor organizations,
prosecutors, and other interested groups. The department
shall promptly update the list of contaminated properties to
remove those which have been decontaminated according to
provisions of this chapter.
The local health officer may determine when the services
of an authorized contractor are necessary. [2006 c 339 § 202;
1999 c 292 § 3; 1990 c 213 § 3.]
Intent—Part headings not law—2006 c 339: See notes following
RCW 70.96A.325.
Intent—Part headings not law—2006 c 339: See notes following
RCW 70.96A.325.
64.44.075
64.44.080
64.44.900
64.44.901
64.44.005
64.44.005 Legislative finding. The legislature finds
that some properties are being contaminated by hazardous
chemicals used in unsafe or illegal ways in the manufacture
of illegal drugs. Innocent members of the public may be
harmed by the residue left by these chemicals when the properties are subsequently rented or sold without having been
decontaminated. [1990 c 213 § 1.]
64.44.010
Finding—Intent—1999 c 292: "The legislature finds that the contamination of properties used for illegal drug manufacturing poses a threat to
public health. The toxic chemicals left behind by the illegal drug manufacturing must be cleaned up to prevent harm to subsequent occupants of the
properties. It is the intent of the legislature that properties are decontaminated in a manner that is efficient, prompt, and that makes them safe to reoccupy." [1999 c 292 § 1.]
Effective date—1990 c 213 §§ 2, 12: "Sections 2 and 12 of this act are
necessary for the immediate preservation of the public peace, health, or
safety or support of the state government and its public institutions, and shall
take effect on the effective date of the 1989-91 supplemental omnibus appropriations act (SSB 6407) [April 23, 1990] if specific funding for this act is
provided therein." [1990 c 213 § 17.]
[Title 64 RCW—page 68]
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
64.44.030
64.44.030 Order declaring property unfit and prohibiting use—Notice—Hearing—Emergency order. (1) If
after the inspection of the property, the local health officer
finds that it is contaminated, then the local health officer shall
issue an order declaring the property unfit and prohibiting its
use. The local health officer shall cause the order to be
served either personally or by certified mail, with return
receipt requested, upon all occupants and persons having any
interest therein as shown upon the records of the auditor’s
(2006 Ed.)
Contaminated Properties
office of the county in which such property is located. The
local health officer shall also cause the order to be posted in a
conspicuous place on the property. If the whereabouts of
such persons is unknown and the same cannot be ascertained
by the local health officer in the exercise of reasonable diligence, and the health officer makes an affidavit to that effect,
then the serving of the order upon such persons may be made
either by personal service or by mailing a copy of the order by
certified mail, postage prepaid, return receipt requested, to
each person at the address appearing on the last equalized tax
assessment roll of the county where the property is located or
at the address known to the county assessor, and the order
shall be posted conspicuously at the residence. A copy of the
order shall also be mailed, addressed to each person or party
having a recorded right, title, estate, lien, or interest in the
property. The order shall contain a notice that a hearing
before the local health board or officer shall be held upon the
request of a person required to be notified of the order under
this section. The request for a hearing must be made within
ten days of serving the order. The hearing shall then be held
within not less than twenty days nor more than thirty days
after the serving of the order. The officer shall prohibit use as
long as the property is found to be contaminated. A copy of
the order shall also be filed with the auditor of the county in
which the property is located, where the order pertains to real
property, and such filing of the complaint or order shall have
the same force and effect as other lis pendens notices provided by law. In any hearing concerning whether property is
fit for use, the property owner has the burden of showing that
the property is decontaminated or fit for use. The owner or
any person having an interest in the property may file an
appeal on any order issued by the local health board or officer
within thirty days from the date of service of the order with
the appeals commission established pursuant to RCW
35.80.030. All proceedings before the appeals commission,
including any subsequent appeals to superior court, shall be
governed by the procedures established in chapter 35.80
RCW.
(2) If the local health officer determines immediate
action is necessary to protect public health, safety, or the
environment, the officer may issue or cause to be issued an
emergency order, and any person to whom such an order is
directed shall comply immediately. Emergency orders issued
pursuant to this section shall expire no later than seventy-two
hours after issuance and shall not impair the health officer
from seeking an order under subsection (1) of this section.
[2006 c 339 § 203; 1999 c 292 § 4; 1990 c 213 § 4.]
Intent—Part headings not law—2006 c 339: See notes following
RCW 70.96A.325.
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
64.44.040
64.44.040 Orders declaring property unfit and prohibiting use--City, county action--Entrance upon property prohibited. (1) Upon issuance of an order declaring
property unfit and prohibiting its use, the city or county in
which the contaminated property is located may take action
to prohibit use, occupancy, or removal of such property; condemn, decontaminate, or demolish the property; or require
that the property be vacated or the contents removed from the
property. The city or county may use an authorized contractor if property is demolished, decontaminated, or removed
(2006 Ed.)
64.44.050
under this section. The city, county, or contractor shall comply with all orders of the health officer during these processes. No city or county may condemn, decontaminate, or
demolish property pursuant to this section until all procedures granting the right of notice and the opportunity to
appeal in RCW 64.44.030 have been exhausted, but may prohibit use, occupancy, or removal of contaminated property
pending appeal of the order.
(2)(a) It is unlawful for any person to enter upon any
property, or to remove any property, that has been found unfit
for use by a local health officer pursuant to RCW 64.44.030.
(b) This subsection does not apply to: (i) Health officials, law enforcement officials, or other government agents
performing their official duties; (ii) authorized contractors or
owners performing decontamination pursuant to authorization by the local health officer; and (iii) any person acting
with permission of a local health officer, or of a superior
court or hearing examiner following an appeal of a decision
of the local health officer.
(c) Any person who violates this subsection is guilty of a
misdemeanor.
(3) No provision of this section may be construed to limit
the ability of the local health officer to permit occupants or
owners of the property at issue to remove uncontaminated
personal property from the premises. [2006 c 339 § 204;
1999 c 292 § 5; 1990 c 213 § 5.]
Intent—Part headings not law--2006 c 339: See notes following
RCW 70.96A.325.
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
64.44.050
64.44.050 Decontamination, demolition, or disposal
by owner—Requirements—Decontamination timeline.
(1) An owner of contaminated property who desires to have
the property decontaminated, demolished, or disposed of
shall use the services of an authorized contractor unless otherwise authorized by the local health officer. The contractor
and property owner shall prepare and submit a written work
plan for decontamination, demolition, or disposal to the local
health officer. The local health officer may charge a reasonable fee for review of the work plan. If the work plan is
approved and the decontamination, demolition, or disposal is
completed and the property is retested according to the plan
and properly documented, then the health officer shall allow
reuse of the property. A release for reuse document shall be
recorded in the real property records indicating the property
has been decontaminated, demolished, or disposed of in
accordance with rules of the state department of health. The
property owner is responsible for: (a) The costs of any property testing which may be required to demonstrate the presence or absence of hazardous chemicals; and (b) the costs of
the property’s decontamination, demolition, and disposal
expenses, as well as costs incurred by the local health officer
resulting from the enforcement of this chapter.
(2) The local health officer has thirty days from the issuance of an order declaring a property unfit and prohibiting its
use to establish a reasonable timeline for decontamination.
The department of health shall establish the factors to be considered by the local health officer in establishing the appropriate amount of time.
The local health officer shall notify the property owner
of the proposed time frame by United States mail to the last
[Title 64 RCW—page 69]
64.44.060
Title 64 RCW: Real Property and Conveyances
known address. Notice shall be postmarked no later than the
thirtieth day from the issuance of the order. The property
owner may request a modification of the time frame by submitting a letter identifying the circumstances which justify
such an extension to the local health officer within thirty-five
days of the date of the postmark on the notification regardless
of when received. [2006 c 339 § 205; 1999 c 292 § 6; 1990 c
213 § 6.]
Intent—Part headings not law—2006 c 339: See notes following
RCW 70.96A.325.
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
64.44.060
64.44.060 Certification of contractors, supervisors,
or workers—Denial, suspension, revocation, or restrictions on certificate—Penalties—Fees—Decontamination
account. (1) A contractor, supervisor, or worker may not
perform decontamination, demolition, or disposal work
unless issued a certificate by the state department of health.
The department shall establish performance standards for
contractors, supervisors, and workers by rule in accordance
with chapter 34.05 RCW, the administrative procedure act.
The department shall train and test, or may approve courses
to train and test, contractors, supervisors, and workers on the
essential elements in assessing property used as an illegal
controlled substances manufacturing or storage site to determine hazard reduction measures needed, techniques for adequately reducing contaminants, use of personal protective
equipment, methods for proper decontamination, demolition,
removal, and disposal of contaminated property, and relevant
federal and state regulations. Upon successful completion of
the training, and after a background check, the contractor,
supervisor, or worker shall be certified.
(2) The department may require the successful completion of annual refresher courses provided or approved by the
department for the continued certification of the contractor or
employee.
(3) The department shall provide for reciprocal certification of any individual trained to engage in decontamination,
demolition, or disposal work in another state when the prior
training is shown to be substantially similar to the training
required by the department. The department may require
such individuals to take an examination or refresher course
before certification.
(4) The department may deny, suspend, revoke, or place
restrictions on a certificate for failure to comply with the
requirements of this chapter or any rule adopted pursuant to
this chapter. A certificate may be denied, suspended,
revoked, or have restrictions placed on it on any of the following grounds:
(a) Failing to perform decontamination, demolition, or
disposal work under the supervision of trained personnel;
(b) Failing to perform decontamination, demolition, or
disposal work using department of health certified decontamination personnel;
(c) Failing to file a work plan;
(d) Failing to perform work pursuant to the work plan;
(e) Failing to perform work that meets the requirements
of the department and the requirements of the local health
officers;
(f) Failing to properly dispose of contaminated property;
[Title 64 RCW—page 70]
(g) Committing fraud or misrepresentation in: (i) Applying for or obtaining a certification, recertification, or reinstatement; (ii) seeking approval of a work plan; and (iii) documenting completion of work to the department or local
health officer;
(h) Failing the evaluation and inspection of decontamination projects pursuant to RCW 64.44.075; or
(i) If the person has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be
automatic upon the department’s receipt of a release issued
by the department of social and health services stating that
the person is in compliance with the order.
(5) A contractor, supervisor, or worker who violates any
provision of this chapter may be assessed a fine not to exceed
five hundred dollars for each violation.
(6) The department of health shall prescribe fees as provided for in RCW 43.70.250 for: The issuance and renewal
of certificates, conducting background checks of applicants,
the administration of examinations, and the review of training
courses.
(7) The decontamination account is hereby established in
the state treasury. All fees collected under this chapter shall
be deposited in this account. Moneys in the account may
only be spent after appropriation for costs incurred by the
department in the administration and enforcement of this
chapter. [2006 c 339 § 206; 1999 c 292 § 7; 1997 c 58 § 878;
1990 c 213 § 7.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health
services to certify a responsible parent based on a court order to certify for
noncompliance with residential provisions of a parenting plan were vetoed.
See RCW 74.20A.320.
Intent—Part headings not law—2006 c 339: See notes following
RCW 70.96A.325.
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
64.44.070
64.44.070 Rules and standards—Chapter administration, property decontamination, independent third
party sampling. (1) The state board of health shall promulgate rules and standards for carrying out the provisions in this
chapter in accordance with chapter 34.05 RCW, the administrative procedure act. The local board of health and the local
health officer are authorized to exercise such powers as may
be necessary to carry out this chapter. The department shall
provide technical assistance to local health boards and health
officers to carry out their duties under this chapter.
(2) The department shall adopt rules for decontamination
of a property used as a laboratory for the production of controlled substances and methods for the testing of porous and
nonporous surfaces, ground water, surface water, soil, and
septic tanks for contamination. The rules shall establish
(2006 Ed.)
Construction Defect Claims
decontamination standards for hazardous chemicals, including but not limited to methamphetamine, lead, mercury, and
total volatile organic compounds.
(3) The department shall adopt rules regarding independent third party sampling including those pertaining to:
(a) Verification of possible property contamination due
to the illegal manufacture of controlled substances;
(b) Verification of satisfactory decontamination of property deemed contaminated and unfit for use;
(c) Certification of independent third party samplers;
(d) Qualifications and performance standards for independent third party samplers;
(e) Administration of background checks for third party
sampler applicants; and
(f) The denial, suspension, or revocation of independent
third party sampler certification.
(4) For the purposes of this section, an independent third
party sampler is a person who is not an employee, agent, representative, partner, joint venturer, shareholder, or parent or
subsidiary company of the authorized contractor, the authorized contractor’s company, or the property owner. [2006 c
339 § 207; 1999 c 292 § 8; 1990 c 213 § 9.]
Intent—Part headings not law—2006 c 339: See notes following
RCW 70.96A.325.
Finding—Intent—1999 c 292: See note following RCW 64.44.010.
64.44.075
64.44.075 Annual evaluation and inspection of
decontamination projects. The department may evaluate
annually a number of the property decontamination projects
performed by licensed contractors to determine the adequacy
of the decontamination work, using the services of an independent environmental contractor or state or local agency. If
a project fails the evaluation and inspection, the contractor is
subject to a civil penalty and license suspension, pursuant to
RCW 64.44.060 (4) and (5); and the contractor is prohibited
from performing additional work until deficiencies have been
corrected. [2006 c 339 § 208.]
Intent—Part headings not law—2006 c 339: See notes following
RCW 70.96A.325.
64.44.080
64.44.080 Civil liability—Immunity. Members of the
state board of health and local boards of health, local health
officers, and employees of the department of health and local
health departments are immune from civil liability arising out
of the performance of their duties under this chapter, unless
such performance constitutes gross negligence or intentional
misconduct. [1990 c 213 § 10.]
64.44.900
64.44.900 Application—Other remedies. This chapter shall not limit state or local government authority to act
under any other statute, including chapter 35.80 or 7.48
RCW. [1990 c 213 § 11.]
64.44.901
64.44.901 Severability—1990 c 213. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 213 § 14.]
(2006 Ed.)
Chapter 64.50
64.50.010
Chapter 64.50 RCW
CONSTRUCTION DEFECT CLAIMS
Sections
64.50.005
64.50.010
64.50.020
64.50.030
64.50.040
64.50.050
64.50.060
Finding—Intent.
Definitions.
Construction defect action—Notice of claim—Response—
Procedure for negotiations—Commencing an action.
List of known construction defects—Requirements—Time
limits.
Construction defect action brought by a board of directors—
Notice.
Construction professional right to offer to cure defects—
Notice to homeowner.
Interpretation of chapter regarding certain relationships and
rights.
64.50.005
64.50.005 Finding—Intent. The legislature finds,
declares, and determines that limited changes in the law are
necessary and appropriate concerning actions claiming damages, indemnity, or contribution in connection with alleged
construction defects. It is the intent of the legislature that this
chapter apply to these types of civil actions while preserving
adequate rights and remedies for property owners who bring
and maintain such actions. [2002 c 323 § 1.]
64.50.010
64.50.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Action" means any civil lawsuit or action in contract
or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint,
counterclaim, or cross-claim, for damage or the loss of use of
real or personal property caused by a defect in the construction of a residence or in the substantial remodel of a residence. "Action" does not include any civil action in tort alleging personal injury or wrongful death to a person or persons
resulting from a construction defect.
(2) "Association" means an association, master association, or subassociation as defined and provided for in RCW
64.34.020(4), 64.34.276, 64.34.278, and 64.38.010(1).
(3) "Claimant" means a homeowner or association who
asserts a claim against a construction professional concerning
a defect in the construction of a residence or in the substantial
remodel of a residence.
(4) "Construction professional" means an architect,
builder, builder vendor, contractor, subcontractor, engineer,
or inspector, including, but not limited to, a dealer as defined
in RCW 64.34.020(12) and a declarant as defined in RCW
64.34.020(13), performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property, whether operating
as a sole proprietor, partnership, corporation, or other business entity.
(5) "Homeowner" means: (a) Any person, company,
firm, partnership, corporation, or association who contracts
with a construction professional for the construction, sale, or
construction and sale of a residence; and (b) an "association"
as defined in this section. "Homeowner" includes, but is not
limited to, a subsequent purchaser of a residence from any
homeowner.
(6) "Residence" means a single-family house, duplex,
triplex, quadraplex, or a unit in a multiunit residential structure in which title to each individual unit is transferred to the
[Title 64 RCW—page 71]
64.50.020
Title 64 RCW: Real Property and Conveyances
owner under a condominium or cooperative system, and shall
include common elements as defined in RCW 64.34.020(6)
and common areas as defined in RCW 64.38.010(4).
(7) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the
addressee.
(8) "Substantial remodel" means a remodel of a residence, for which the total cost exceeds one-half of the
assessed value of the residence for property tax purposes at
the time the contract for the remodel work was made. [2002
c 323 § 2.]
64.50.020
64.50.020 Construction defect action—Notice of
claim—Response—Procedure for negotiations—Commencing an action. (1) In every construction defect action
brought against a construction professional, the claimant
shall, no later than forty-five days before filing an action,
serve written notice of claim on the construction professional.
The notice of claim shall state that the claimant asserts a construction defect claim against the construction professional
and shall describe the claim in reasonable detail sufficient to
determine the general nature of the defect.
(2) Within twenty-one days after service of the notice of
claim, the construction professional shall serve a written
response on the claimant by registered mail or personal service. The written response shall:
(a) Propose to inspect the residence that is the subject of
the claim and to complete the inspection within a specified
time frame. The proposal shall include the statement that the
construction professional shall, based on the inspection, offer
to remedy the defect, compromise by payment, or dispute the
claim;
(b) Offer to compromise and settle the claim by monetary payment without inspection. A construction professional’s offer under this subsection (2)(b) to compromise and
settle a homeowner’s claim may include, but is not limited to,
an express offer to purchase the claimant’s residence that is
the subject of the claim, and to pay the claimant’s reasonable
relocation costs; or
(c) State that the construction professional disputes the
claim and will neither remedy the construction defect nor
compromise and settle the claim.
(3)(a) If the construction professional disputes the claim
or does not respond to the claimant’s notice of claim within
the time stated in subsection (2) of this section, the claimant
may bring an action against the construction professional for
the claim described in the notice of claim without further
notice.
(b) If the claimant rejects the inspection proposal or the
settlement offer made by the construction professional pursuant to subsection (2) of this section, the claimant shall serve
written notice of the claimant’s rejection on the construction
professional. After service of the rejection, the claimant may
bring an action against the construction professional for the
construction defect claim described in the notice of claim. If
the construction professional has not received from the
claimant, within thirty days after the claimant’s receipt of the
construction professional’s response, either an acceptance or
rejection of the inspection proposal or settlement offer, then
at anytime thereafter the construction professional may terminate the proposal or offer by serving written notice to the
[Title 64 RCW—page 72]
claimant, and the claimant may thereafter bring an action
against the construction professional for the construction
defect claim described in the notice of claim.
(4)(a) If the claimant elects to allow the construction professional to inspect in accordance with the construction professional’s proposal pursuant to subsection (2)(a) of this section, the claimant shall provide the construction professional
and its contractors or other agents reasonable access to the
claimant’s residence during normal working hours to inspect
the premises and the claimed defect.
(b) Within fourteen days following completion of the
inspection, the construction professional shall serve on the
claimant:
(i) A written offer to remedy the construction defect at
no cost to the claimant, including a report of the scope of the
inspection, the findings and results of the inspection, a
description of the additional construction necessary to remedy the defect described in the claim, and a timetable for the
completion of such construction;
(ii) A written offer to compromise and settle the claim by
monetary payment pursuant to subsection (2)(b) of this section; or
(iii) A written statement that the construction professional will not proceed further to remedy the defect.
(c) If the construction professional does not proceed further to remedy the construction defect within the agreed timetable, or if the construction professional fails to comply with
the provisions of (b) of this subsection, the claimant may
bring an action against the construction professional for the
claim described in the notice of claim without further notice.
(d) If the claimant rejects the offer made by the construction professional pursuant to (b)(i) or (ii) of this subsection to
either remedy the construction defect or to compromise and
settle the claim by monetary payment, the claimant shall
serve written notice of the claimant’s rejection on the construction professional. After service of the rejection notice,
the claimant may bring an action against the construction
professional for the construction defect claim described in the
notice of claim. If the construction professional has not
received from the claimant, within thirty days after the claimant’s receipt of the construction professional’s response,
either an acceptance or rejection of the offer made pursuant to
(b)(i) or (ii) of this subsection, then at anytime thereafter the
construction professional may terminate the offer by serving
written notice to the claimant.
(5)(a) Any claimant accepting the offer of a construction
professional to remedy the construction defect pursuant to
subsection (4)(b)(i) of this section shall do so by serving the
construction professional with a written notice of acceptance
within a reasonable time period after receipt of the offer, and
no later than thirty days after receipt of the offer. The claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant’s
residence during normal working hours to perform and complete the construction by the timetable stated in the offer.
(b) The claimant and construction professional may, by
written mutual agreement, alter the extent of construction or
the timetable for completion of construction stated in the
offer, including, but not limited to, repair of additional
defects.
(2006 Ed.)
Construction Defect Claims
(6) Any action commenced by a claimant prior to compliance with the requirements of this section shall be subject
to dismissal without prejudice, and may not be recommenced
until the claimant has complied with the requirements of this
section.
(7) Nothing in this section may be construed to prevent a
claimant from commencing an action on the construction
defect claim described in the notice of claim if the construction professional fails to perform the construction agreed
upon, fails to remedy the defect, or fails to perform by the
timetable agreed upon pursuant to subsection (2)(a) or (5) of
this section.
(8) Prior to commencing any action alleging a construction defect, or after the dismissal of any action without prejudice pursuant to subsection (6) of this section, the claimant
may amend the notice of claim to include construction
defects discovered after the service of the original notice of
claim, and must otherwise comply with the requirements of
this section for the additional claims. The service of an
amended notice of claim shall relate back to the original
notice of claim for purposes of tolling statutes of limitations
and repose. Claims for defects discovered after the commencement or recommencement of an action may be added
to such action only after providing notice to the construction
professional of the defect and allowing for response under
subsection (2) of this section. [2002 c 323 § 3.]
64.50.050
two or more residences, common elements, or common areas,
this section shall apply. For purposes of this section, "action"
has the same meaning as set forth in RCW 64.50.010.
(b) The board of directors shall substantially comply
with the provisions of this section.
(2)(a) Prior to the service of the summons and complaint
on any defendant with respect to an action governed by this
section, the board of directors shall mail or deliver written
notice of the commencement or anticipated commencement
of such action to each homeowner at the last known address
described in the association’s records.
(b) The notice required by (a) of this subsection shall
state a general description of the following:
(i) The nature of the action and the relief sought; and
(ii) The expenses and fees that the board of directors
anticipates will be incurred in prosecuting the action.
(3) Nothing in this section may be construed to:
(a) Require the disclosure in the notice or the disclosure
to a unit owner of attorney-client communications or other
privileged communications;
(b) Permit the notice to serve as a basis for any person to
assert the waiver of any applicable privilege or right of confidentiality resulting from, or to claim immunity in connection
with, the disclosure of information in the notice; or
(c) Limit or impair the authority of the board of directors
to contract for legal services, or limit or impair the ability to
enforce such a contract for legal services. [2002 c 323 § 5.]
64.50.030
64.50.030 List of known construction defects—
Requirements—Time limits. (1) In every action brought
against a construction professional, the claimant, including a
construction professional asserting a claim against another
construction professional, shall file with the court and serve
on the defendant a list of known construction defects in
accordance with this section.
(2) The list of known construction defects shall contain a
description of the construction that the claimant alleges to be
defective. The list of known construction defects shall be
filed with the court and served on the defendant within thirty
days after the commencement of the action or within such
longer period as the court in its discretion may allow.
(3) The list of known construction defects may be
amended by the claimant to identify additional construction
defects as they become known to the claimant.
(4) The list of known construction defects must specify,
to the extent known to the claimant, the construction professional responsible for each alleged defect identified by the
claimant.
(5) If a subcontractor or supplier is added as a party to an
action under this section, the party making the claim against
such subcontractor or supplier shall serve on the subcontractor or supplier the list of construction defects in accordance
with this section within thirty days after service of the complaint against the subcontractor or supplier or within such
period as the court in its discretion may allow. [2002 c 323 §
4.]
64.50.040
64.50.040 Construction defect action brought by a
board of directors—Notice. (1)(a) In the event the board of
directors, pursuant to RCW 64.34.304(1)(d) or 64.38.020(4),
institutes an action asserting defects in the construction of
(2006 Ed.)
64.50.050
64.50.050 Construction professional right to offer to
cure defects—Notice to homeowner. (1) The construction
professional shall provide notice to each homeowner upon
entering into a contract for sale, construction, or substantial
remodel of a residence, of the construction professional’s
right to offer to cure construction defects before a homeowner may commence litigation against the construction professional. Such notice shall be conspicuous and may be
included as part of the underlying contract signed by the
homeowner. In the sale of a condominium unit, the requirement for delivery of such notice shall be deemed satisfied if
contained in a public offering statement delivered in accordance with chapter 64.34 RCW.
(2) The notice required by this subsection shall be in substantially the following form:
CHAPTER 64.50 RCW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW
BEFORE YOU MAY FILE A LAWSUIT FOR
DEFECTIVE CONSTRUCTION AGAINST THE
SELLER OR BUILDER OF YOUR HOME.
FORTY-FIVE DAYS BEFORE YOU FILE YOUR
LAWSUIT, YOU MUST DELIVER TO THE
SELLER OR BUILDER A WRITTEN NOTICE
OF ANY CONSTRUCTION CONDITIONS YOU
ALLEGE ARE DEFECTIVE AND PROVIDE
YOUR SELLER OR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR
PAY FOR THE DEFECTS. YOU ARE NOT
OBLIGATED TO ACCEPT ANY OFFER MADE
BY THE BUILDER OR SELLER. THERE ARE
STRICT DEADLINES AND PROCEDURES
UNDER STATE LAW, AND FAILURE TO FOL[Title 64 RCW—page 73]
64.50.060
Title 64 RCW: Real Property and Conveyances
LOW THEM MAY AFFECT YOUR ABILITY TO
FILE A LAWSUIT.
(3) This chapter shall not preclude or bar any action if
notice is not given to the homeowner as required by this section. [2002 c 323 § 6.]
64.50.060
64.50.060 Interpretation of chapter regarding certain relationships and rights. Nothing in this chapter shall
be construed to hinder or otherwise affect the employment,
agency, or contractual relationship between and among
homeowners and construction professionals during the process of construction or remodeling and does not preclude the
termination of those relationships as allowed under current
law. Nothing in this chapter shall negate or otherwise restrict
a construction professional’s right to access or inspection
provided by law, covenant, easement, or contract. [2002 c
323 § 7.]
Chapter 64.55 RCW
CONSTRUCTION DEFECT DISPUTES—
MULTIUNIT RESIDENTIAL BUILDINGS
Chapter 64.55
Sections
64.55.005
64.55.010
64.55.020
64.55.030
64.55.040
64.55.050
64.55.060
64.55.070
64.55.080
64.55.090
64.55.100
64.55.110
64.55.120
64.55.130
64.55.140
64.55.150
64.55.160
64.55.900
64.55.901
Application.
Definitions.
Building permit application—Submission of design documents.
Inspection required.
Inspectors—Qualifications.
Scope of inspection—Definition.
Certification—Certificate of occupancy.
Inspector, architect, and engineer—No private right of action
or basis for liability against.
Inspector’s report or testimony—No evidentiary presumption—Admissibility.
Sale of condominium unit subject to compliance—Inspection
alternative.
Arbitration—Election—Number of arbitrators—Qualifications—Trial de novo.
Case schedule plan—Deadlines.
Mandatory mediation.
Appointment of neutral expert—Qualifications—Duties—
Admissibility of report or testimony.
Payment of arbitrators, mediators, and neutral experts.
Subcontractors and suppliers—When party to arbitration.
Offers of judgment—Costs and fees.
Captions not law—2005 c 456.
Effective date—2005 c 456.
64.55.005
64.55.005 Application. (1)(a) RCW 64.55.010 through
64.55.090 apply to any multiunit residential building for
which the permit for construction or rehabilitative construction of such building was issued on or after August 1, 2005.
(b) RCW 64.55.010 and 64.55.090 apply to conversion
condominiums as defined in RCW 64.34.020, provided that
RCW 64.55.090 shall not apply to a condominium conversion for which a public offering statement had been delivered
pursuant to chapter 64.34 RCW prior to August 1, 2005.
(2) RCW 64.55.010 and 64.55.100 through 64.55.160
and 64.34.415 apply to any action that alleges breach of an
implied or express warranty under chapter 64.34 RCW or that
seeks relief that could be awarded for such breach, regardless
of the legal theory pled, except that RCW 64.55.100 through
64.55.160 and 64.34.415 shall not apply to:
(a) Actions filed or served prior to August 1, 2005;
[Title 64 RCW—page 74]
(b) Actions for which a notice of claim was served pursuant to chapter 64.50 RCW prior to August 1, 2005;
(c) Actions asserting any claim regarding a building that
is not a multiunit residential building;
(d) Actions asserting any claim regarding a multiunit residential building that was permitted on or after August 1,
2005, unless the letter required by RCW 64.55.060 has been
submitted to the appropriate building department or the
requirements of RCW 64.55.090 have been satisfied.
(3) Other than the requirements imposed by RCW
64.55.010 through 64.55.090, nothing in this chapter amends
or modifies the provisions of RCW 64.34.050. [2005 c 456 §
1.]
64.55.010 Definitions. Unless the context clearly
requires otherwise, the definitions in RCW 64.34.020 and in
this section apply throughout this chapter.
(1) "Attached dwelling unit" means any dwelling unit
that is attached to another dwelling unit by a wall, floor, or
ceiling that separates heated living spaces. A garage is not a
heated living space.
(2) "Building enclosure" means that part of any building,
above or below grade, that physically separates the outside or
exterior environment from interior environments and which
weatherproofs, waterproofs, or otherwise protects the building or its components from water or moisture intrusion. Interior environments consist of both heated and unheated
enclosed spaces. The building enclosure includes, but is not
limited to, that portion of roofs, walls, balcony support columns, decks, windows, doors, vents, and other penetrations
through exterior walls, which waterproof, weatherproof, or
otherwise protect the building or its components from water
or moisture intrusion.
(3) "Building enclosure design documents" means plans,
details, and specifications for the building enclosure that have
been stamped by a licensed engineer or architect. The building enclosure design documents shall include details and
specifications that are appropriate for the building in the professional judgment of the architect or engineer which prepared the same to waterproof, weatherproof, and otherwise
protect the building or its components from water or moisture
intrusion, including details of flashing, intersections at roof,
eaves or parapets, means of drainage, water-resistive membrane, and details around openings.
(4) "Developer" means:
(a) With respect to a condominium or a conversion condominium, the declarant; and
(b) With respect to all other buildings, an individual,
group of individuals, partnership, corporation, association,
municipal corporation, state agency, or other entity or person
that obtains a building permit for the construction or rehabilitative reconstruction of a multiunit residential building. If a
permit is obtained by service providers such as architects,
contractors, and consultants who obtain permits for others as
part of services rendered for a fee, the person for whom the
permit is obtained shall be the developer, not the service provider.
(5) "Dwelling unit" has the meaning given to that phrase
or similar phrases in the ordinances of the jurisdiction issuing
the permit for construction of the building enclosure but if
such ordinances do not provide a definition, then "dwelling
64.55.010
(2006 Ed.)
Construction Defect Disputes—Multiunit Residential Buildings
unit" means a residence containing living, cooking, sleeping,
and sanitary facilities.
(6) "Multiunit residential building" means:
(a) A building containing more than two attached dwelling units, including a building containing nonresidential units
if the building also contains more than two attached dwelling
units, but excluding the following classes of buildings:
(i) Hotels and motels;
(ii) Dormitories;
(iii) Care facilities;
(iv) Floating homes;
(v) A building that contains attached dwelling units that
are each located on a single platted lot, except as provided in
(b) of this subsection;
(vi) A building in which all of the dwelling units are held
under one ownership and is subject to a recorded irrevocable
sale prohibition covenant.
(b) If the developer submits to the appropriate building
department when applying for the building permit described
in RCW 64.55.020 a statement that the developer elects to
treat the improvement for which a permit is sought as a multiunit residential building for all purposes under this chapter,
then "multiunit residential building" also means the following buildings for which such election has been made:
(i) A building containing only two attached dwelling
units;
(ii) A building that does not contain attached dwelling
units; and
(iii) Any building that contains attached dwelling units
each of which is located on a single platted lot.
(7) "Party unit owner" means a unit owner who is a
named party to an action subject to this chapter and does not
include any unit owners whose involvement with the action
stems solely from their membership in the association.
(8) "Qualified building inspector" means a person satisfying the requirements of RCW 64.55.040.
(9) "Rehabilitative construction" means construction
work on the building enclosure of a multiunit residential
building if the cost of such construction work is more than
five percent of the assessed value of the building.
(10) "Sale prohibition covenant" means a recorded covenant that prohibits the sale or other disposition of individual
dwelling units as or as part of a condominium for five years
or more from the date of first occupancy except as otherwise
provided in RCW 64.55.090, a certified copy of which the
developer shall submit to the appropriate building department; provided such covenant shall not apply to sales or dispositions listed in RCW 64.34.400(2). The covenant must be
recorded in the county in which the building is located and
must be in substantially the following form:
This covenant has been recorded in the real property
records of . . . . . . County, Washington, in satisfaction of the requirements of RCW 64.55.010 through
64.55.090. The undersigned is the owner of the
property described on Exhibit A (the "Property").
Until termination of this covenant, no dwelling unit
in or on the Property may be sold as a condominium
unit except for sales listed in RCW 64.34.400(2).
64.55.030
64.55.090, as certified by the owner of the Property
in a recorded supplement hereto; or (b) the fifth
anniversary of the date of first occupancy of a dwelling unit as certified by the Owner in a recorded supplement hereto.
All title insurance companies and persons acquiring an interest in the Property may rely on the forgoing certifications
without further inquiry in issuing any policy of title insurance
or in acquiring an interest in the Property.
(11) "Stamped" means bearing the stamp and signature
of the responsible licensed architect or engineer on the title
page, and on every sheet of the documents, drawings, or
specifications, including modifications to the documents,
drawings, and specifications that become part of change
orders or addenda to alter those documents, drawings, or
specifications. [2005 c 456 § 2.]
64.55.020
64.55.020 Building permit application—Submission
of design documents. (1) Any person applying for a building permit for construction of a multiunit residential building
or rehabilitative construction shall submit building enclosure
design documents to the appropriate building department
prior to the start of construction or rehabilitative construction
of the building enclosure. If construction work on a building
enclosure is not rehabilitative construction because the cost
thereof is not more than five percent of the assessed value of
the building, then the person applying for a building permit
shall submit to the building department a letter so certifying.
Any changes to the building enclosure design documents that
alter the manner in which the building or its components is
waterproofed, weatherproofed, and otherwise protected from
water or moisture intrusion shall be stamped by the architect
or engineer and shall be provided to the building department
and to the person conducting the course of construction
inspection in a timely manner to permit such person to
inspect for compliance therewith, and may be provided
through individual updates, cumulative updates, or as-built
updates.
(2) The building department shall not issue a building
permit for construction of the building enclosure of a multiunit residential building or for rehabilitative construction
unless the building enclosure design documents contain a
stamped statement by the person stamping the building
enclosure design documents in substantially the following
form: "The undersigned has provided building enclosure
documents that in my professional judgment are appropriate
to satisfy the requirements of RCW 64.55.005 through
64.55.090."
(3) The building department is not charged with determining whether the building enclosure design documents are
adequate or appropriate to satisfy the requirements of RCW
64.55.005 through 64.55.090. Nothing in RCW 64.55.005
through 64.55.090 requires a building department to review,
approve, or disapprove enclosure design documents. [2005 c
456 § 3.]
64.55.030
This covenant terminates on the earlier of either: (a)
Compliance with the requirements of RCW
(2006 Ed.)
64.55.030 Inspection required. All multiunit residential buildings shall have the building enclosure inspected by a
[Title 64 RCW—page 75]
64.55.040
Title 64 RCW: Real Property and Conveyances
qualified inspector during the course of initial construction
and during rehabilitative construction. [2005 c 456 § 4.]
64.55.040
64.55.040 Inspectors—Qualifications. (1) A qualified
building enclosure inspector:
(a) Must be a person with substantial and verifiable training and experience in building enclosure design and construction;
(b) Shall be free from improper interference or influence
relating to the inspections; and
(c) May not be an employee, officer, or director of, nor
have any pecuniary interest in, the declarant, developer, association, or any party providing services or materials for the
project, or any of their respective affiliates, except that the
qualified inspector may be the architect or engineer who
approved the building enclosure design documents or the
architect or engineer of record. The qualified inspector may,
but is not required to, assist with the preparation of such
design documents.
(2) Nothing in this section alters requirements for licensure of any architect, engineer, or other professional, or alters
the jurisdiction, authority, or scope of practice of architects,
engineers, other professionals, or general contractors. [2005
c 456 § 5.]
64.55.050
64.55.050 Scope of inspection—Definition. (1) Any
inspection required by this chapter shall include, at a minimum, the following:
(a) Water penetration resistance testing of a representative sample of windows and window installations. Such tests
shall be conducted according to industry standards. Where
appropriate, tests shall be conducted with an induced air pressure difference across the window and window installation.
Additional testing is not required if the same assembly has
previously been tested in situ within the previous two years in
the project under construction by the builder, by another
member of the construction team such as an architect or engineer, or by an independent testing laboratory; and
(b) An independent periodic review of the building
enclosure during the course of construction or rehabilitative
construction to ascertain whether the multiunit residential
building has been constructed, or the rehabilitative construction has been performed, in substantial compliance with the
building enclosure design documents.
(2) Subsection (1)(a) of this section shall not apply to
rehabilitative construction if the windows and adjacent cladding are not altered in the rehabilitative construction.
(3) "Project" means one or more parcels of land in a single ownership, which are under development pursuant to a
single land use approval or building permit, where window
installation is performed by the owner with its own forces, or
by the same general contractor, or, if the owner is contracting
directly with trade contractors, is performed by the same
trade contractor. [2005 c 456 § 6.]
64.55.060
64.55.060 Certification—Certificate of occupancy.
Upon completion of an inspection required by this chapter,
the qualified inspector shall prepare and submit to the appropriate building department a signed letter certifying that the
building enclosure has been inspected during the course of
[Title 64 RCW—page 76]
construction or rehabilitative construction and that it has been
constructed or reconstructed in substantial compliance with
the building enclosure design documents, as updated pursuant to RCW 64.55.020. The building department shall not
issue a final certificate of occupancy or other equivalent final
acceptance until the letter required by this section has been
submitted. The building department is not charged with and
has no responsibility for determining whether the building
enclosure inspection is adequate or appropriate to satisfy the
requirements of this chapter. [2005 c 456 § 7.]
64.55.070
64.55.070 Inspector, architect, and engineer—No
private right of action or basis for liability against. (1)
Nothing in this chapter and RCW 64.34.073, 64.34.100(2),
64.34.410 (1)(nn) and (2), and 64.34.415(1)(b) is intended to,
or does:
(a) Create a private right of action against any inspector,
architect, or engineer based upon compliance or noncompliance with its provisions; or
(b) Create any independent basis for liability against an
inspector, architect, or engineer.
(2) The qualified inspector, architect, or engineer and the
developer that retained the inspector, architect, or engineer
may contractually agree to the amount of their liability to the
developer. [2005 c 456 § 8.]
64.55.080
64.55.080 Inspector’s report or testimony—No evidentiary presumption—Admissibility. A qualified inspector’s report or testimony regarding an inspection conducted
pursuant to this chapter is not entitled to any evidentiary presumption in any arbitration or court proceeding. Nothing in
this chapter restricts the admissibility of such a report or testimony, and questions of the admissibility of such a report or
testimony shall be determined under the rules of evidence.
[2005 c 456 § 9.]
64.55.090
64.55.090 Sale of condominium unit subject to compliance—Inspection alternative. (1) Except for sales or
other dispositions listed in RCW 64.34.400(2), no declarant
may convey a condominium unit that may be occupied for
residential use in a multiunit residential building without first
complying with the requirements of RCW 64.55.005 through
64.55.080 unless the building enclosure of the building in
which such unit is included is inspected by a qualified building enclosure inspector, and:
(a) The inspection includes such intrusive or other testing, such as the removal of siding or other building enclosure
materials, that the inspector believes, in his or her professional judgment, is necessary to ascertain the manner in
which the building enclosure was constructed;
(b) The inspection evaluates, to the extent reasonably
ascertainable and in the professional judgment of the inspector, the present condition of the building enclosure including
whether such condition has adversely affected or will
adversely affect the performance of the building enclosure to
waterproof, weatherproof, or otherwise protect the building
or its components from water or moisture intrusion.
"Adversely affect" has the same meaning as provided in
RCW 64.34.445(7);
(2006 Ed.)
Construction Defect Disputes—Multiunit Residential Buildings
(c) The inspection report includes recommendations for
repairs to the building enclosure that, in the professional
judgment of the qualified building inspector, are necessary
to: (i) Repair a design or construction defect in the building
enclosure that results in the failure of the building enclosure
to perform its intended function and allows unintended water
penetration not caused by flooding; and (ii) repair damage
caused by such a defect that has an adverse effect as provided
in RCW 64.34.445(7);
(d) With respect to a building that would be a multiunit
residential building but for the recording of a sale prohibition
covenant and unless more than five years have elapsed since
the date such covenant was recorded, all repairs to the building enclosure recommended pursuant to (c) of this subsection
have been made; and
(e) The declarant provides as part of the public offering
statement, consistent with RCW 64.34.410 (1)(nn) and (2)
and 64.34.415(1)(b), an inspection and repair report signed
by the qualified building enclosure inspector that identifies:
(i) The extent of the inspection performed pursuant to
this section;
(ii) The information obtained as a result of that inspection; and
(iii) The manner in which any repairs required by this
section were performed, the scope of those repairs, and the
names of the persons performing those repairs.
(2) Failure to deliver the inspection and repair report in
violation of this section constitutes a failure to deliver a public offering statement for purposes of chapter 64.34 RCW.
[2005 c 456 § 10.]
64.55.100 Arbitration—Election—Number of arbitrators—Qualifications—Trial de novo. (1) If the
declarant, an association, or a party unit owner demands an
arbitration by filing such demand with the court not less than
thirty and not more than ninety days after filing or service of
the complaint, whichever is later, the parties shall participate
in a private arbitration hearing. The declarant, the association, and the party unit owner do not have the right to compel
arbitration without giving timely notice in compliance with
this subsection. Unless otherwise agreed by the parties, the
arbitration hearing shall commence no more than fourteen
months from the later of the filing or service of the complaint.
(2) Unless otherwise agreed by the parties, claims that in
aggregate are for less than one million dollars shall be heard
by a single arbitrator and all other claims shall be heard by
three arbitrators. As used in this chapter, arbitrator also
means arbitrators where applicable.
(3) Unless otherwise agreed by the parties, the court shall
appoint the arbitrator, who shall be a current or former attorney with experience as an attorney, judge, arbitrator, or mediator in construction defect disputes involving the application
of Washington law.
(4) Upon conclusion of the arbitration hearing, the arbitrator shall file the decision and award with the clerk of the
superior court, together with proof of service thereof on the
parties. Within twenty days after the filing of the decision
and award, any aggrieved party may file with the clerk a written notice of appeal and demand for a trial de novo in the
superior court on all claims between the appealing party and
an adverse party. As used in this section, "adverse party"
64.55.100
(2006 Ed.)
64.55.120
means the party who either directly asserted or defended
claims against the appealing party. The demand shall identify the adverse party or parties and all claims between those
parties shall be included in the trial de novo. The right to a
trial de novo includes the right to a jury, if demanded. The
court shall give priority to the trial date for the trial de novo.
(5) If the judgment for damages, not including awards of
fees and costs, in the trial de novo is not more favorable to the
appealing party than the damages awarded by the arbitrator,
not including awards of fees and costs, the appealing party
shall pay the nonappealing adverse party’s costs and fees
incurred after the filing of the appeal, including reasonable
attorneys’ fees so incurred.
(6) If the judgment for damages, not including awards of
fees and costs, in the trial de novo is more favorable to the
appealing party than the damages awarded by the arbitrator,
not including awards of fees and costs, then the court may
award costs and fees, including reasonable attorneys’ fees,
incurred after the filing of the request for trial de novo in
accordance with applicable law; provided if such a judgment
is not more favorable to the appealing party than the most
recent offer of judgment, if any, made pursuant to RCW
64.55.160, the court shall not make an award of fees and costs
to the appealing party.
(7) If a party is entitled to an award with respect to the
same fees and costs pursuant to this section and RCW
64.55.160, then the party shall only receive an award of fees
and costs as provided in and limited by RCW 64.55.160. Any
award of fees and costs pursuant to subsections (5) or (6) of
this section is subject to review in the event of any appeal
thereof otherwise permitted by applicable law or court rule.
[2005 c 456 § 11.]
64.55.110
64.55.110 Case schedule plan—Deadlines. (1) Not
less than sixty days after the later of filing or service of the
complaint, the parties shall confer to create a proposed case
schedule plan for submission to the court that includes the
following deadlines:
(a) Selection of a mediator;
(b) Commencement of the mandatory mediation and
submission of mediation materials required by this chapter;
(c) Selection of the arbitrator by the parties, where applicable;
(d) Joinder of additional parties in the action;
(e) Completion of each party’s investigation;
(f) Disclosure of each party’s proposed repair plan;
(g) Disclosure of each party’s estimated costs of repair;
(h) Meeting of parties and experts to confer in accordance with RCW 64.55.120; and
(i) Disclosure of each party’s settlement demand or
response.
(2) If the parties agree upon a proposed case schedule
plan, they shall move the court for the entry of the proposed
case schedule plan. If the parties cannot agree, either party
may move the court for entry of a case schedule plan that
includes the above deadlines. [2005 c 456 § 12.]
64.55.120
64.55.120 Mandatory mediation. (1) The parties to an
action subject to this chapter and RCW 64.34.073,
64.34.100(2), 64.34.410 (1)(nn) and (2), and 64.34.415(1)(b)
[Title 64 RCW—page 77]
64.55.130
Title 64 RCW: Real Property and Conveyances
shall engage in mediation. Unless the parties agree otherwise, the mediation required by this section shall commence
within seven months of the later of the filing or service of the
complaint. If the parties cannot agree upon a mediator, the
court shall appoint a mediator.
(2) Prior to the mediation required by this section, the
parties and their experts shall meet and confer in good faith to
attempt to resolve or narrow the scope of the disputed issues,
including issues related to the parties’ repair plans.
(3) Prior to the mandatory mediation, the parties or their
attorneys shall file and serve a declaration that:
(a) A decision maker with authority to settle will be
available for the duration of the mandatory mediation; and
(b) The decision maker has been provided with and has
reviewed the mediation materials provided by the party to
which the decision maker is affiliated as well as the materials
submitted by the opposing parties.
(4) Completion of the mediation required by this section
occurs upon written notice of termination by any party. The
provisions of RCW 64.55.160 shall not apply to any later
mediation conducted following such notice. [2005 c 456 §
13.]
64.55.130
64.55.130 Appointment of neutral expert—Qualifications—Duties—Admissibility of report or testimony.
(1) If, after meeting and conferring as required by RCW
64.55.120(2), disputed issues remain, a party may file a
motion with the court, or arbitrator if an arbitrator has been
appointed, requesting the appointment of a neutral expert to
address any or all of the disputed issues. Unless otherwise
agreed to by the parties or upon a showing of exceptional circumstances, including a material adverse change in a party’s
litigation risks due to a change in allegations, claims, or
defenses by an adverse party following the appointment of
the neutral expert, any such motion shall be filed no later than
sixty days after the first day of the meeting required by RCW
64.55.120(2). Upon such a request, the court or arbitrator
shall decide whether or not to appoint a neutral expert or
experts. A party may only request more than one neutral
expert if the particular expertise of the additional neutral
expert or experts is necessary to address disputed issues.
(2) The neutral expert shall be a licensed architect or
engineer, or any other person, with substantial experience relevant to the issue or issues in dispute. The neutral expert
shall not have been employed as an expert by a party to the
present action within three years before the commencement
of the present action, unless the parties agree otherwise.
(3) All parties shall be given an opportunity to recommend neutral experts to the court or arbitrator and shall have
input regarding the appointment of a neutral expert.
(4) Unless the parties agree otherwise on the following
matters, the court, or arbitrator if then appointed, shall determine:
(a) Who shall serve as the neutral expert;
(b) Subject to the requirements of this section, the scope
of the neutral expert’s duties;
(c) The number and timing of inspections of the property;
(d) Coordination of inspection activities with the parties’
experts;
[Title 64 RCW—page 78]
(e) The neutral expert’s access to the work product of the
parties’ experts;
(f) The product to be prepared by the neutral expert;
(g) Whether the neutral expert may participate personally in the mediation required by RCW 64.55.120; and
(h) Other matters relevant to the neutral expert’s assignment.
(5) Unless the parties agree otherwise, the neutral expert
shall not make findings or render opinions regarding the
amount of damages to be awarded, or the cost of repairs, or
absent exceptional circumstances any matters that are not in
dispute as determined in the meeting described in RCW
64.55.120(2) or otherwise.
(6) A party may, by motion to the court, or to the arbitrator if then appointed, object to the individual appointed to
serve as the neutral expert and to determinations regarding
the neutral expert’s assignment.
(7) The neutral expert shall have no liability to the parties for the performance of his or her duties as the neutral
expert.
(8) Except as otherwise agreed by the parties, the parties
have a right to review and comment on the neutral expert’s
report before it is made final.
(9) A neutral expert’s report or testimony is not entitled
to any evidentiary presumption in any arbitration or court
proceeding. Nothing in this chapter and RCW 64.34.073,
64.34.100(2), 64.34.410 (1)(nn) and (2), and 64.34.415(1)(b)
restricts the admissibility of such a report or testimony, provided it is within the scope of the neutral expert’s assigned
duties, and questions of the admissibility of such a report or
testimony shall be determined under the rules of evidence.
(10) The court, or arbitrator if then appointed, shall
determine the significance of the neutral expert’s report and
testimony with respect to parties joined after the neutral
expert’s appointment and shall determine whether additional
neutral experts should be appointed or other measures should
be taken to protect such joined parties from undue prejudice.
[2005 c 456 § 14.]
64.55.140 Payment of arbitrators, mediators, and
neutral experts. (1) Where the building permit that authorized commencement of construction of a building was
issued on or after August 1, 2005:
(a)(i) If the action is referred to arbitration under RCW
64.55.100, the party who demands arbitration shall advance
the fees of any arbitrator and any mediator appointed under
RCW 64.55.120; and
(ii) A party who requests the appointment of a neutral
expert pursuant to RCW 64.55.130 shall advance any
appointed neutral expert’s fees incurred up to the issuance of
a final report.
(b) If the action has not been referred to arbitration, the
court shall determine liability for the fees of any mediator
appointed under RCW 64.55.120, unless the parties agree
otherwise.
(c) Ultimate liability for any fees or costs advanced pursuant to this subsection (1) is subject to the fee- and costshifting provisions of RCW 64.55.160.
(2) Where the building permit that authorized commencement of construction of a building was issued before
August 1, 2005:
64.55.140
(2006 Ed.)
Construction Defect Disputes—Multiunit Residential Buildings
(a)(i) If the action is referred to arbitration under RCW
64.55.100, the party who demands arbitration is liable for and
shall pay the fees of any appointed arbitrator and any mediator appointed under RCW 64.55.120; and
(ii) A party who requests the appointment of a neutral
expert pursuant to RCW 64.55.130 is liable for and shall pay
any appointed neutral expert’s fees incurred up to the issuance of a final report.
(b) If the action has not been referred to arbitration, the
court shall determine liability for the fees of any mediator
appointed under RCW 64.55.120, unless the parties agree
otherwise.
(c) Fees and costs paid under this subsection (2) are not
subject to the fee- and cost-shifting provisions of RCW
64.55.160. [2005 c 456 § 15.]
64.55.150
64.55.150 Subcontractors and suppliers—When
party to arbitration. Upon the demand of a party to an arbitration demanded under RCW 64.55.100, any subcontractor
or supplier against whom such party has a legal claim and
whose work or performance on the building in question
becomes an issue in the arbitration may be joined in and
become a party to the arbitration. However, joinder of such
parties shall not be allowed if such joinder would require the
arbitration hearing date to be continued beyond the date
established pursuant to RCW 64.55.100, unless the existing
parties to the arbitration agree otherwise. Nothing in RCW
64.55.010 through 64.55.090 shall be construed to release,
modify, or otherwise alleviate the liabilities or responsibilities that any party may have towards any other party, contractor, or subcontractor. [2005 c 456 § 16.]
64.55.160
64.55.160 Offers of judgment—Costs and fees. (1)
On or before the sixtieth day following completion of the
mediation pursuant to RCW 64.55.120(4), the declarant,
association, or party unit owner may serve on an adverse
party an offer to allow judgment to be entered. The offer of
judgment shall specify the amount of damages, not including
costs or fees, that the declarant, association, or party unit
owner is offering to pay or receive. A declarant’s offer shall
also include its commitment to pay costs and fees that may be
awarded as provided in this section. The declarant, association, or party unit owner may make more than one offer of
judgment so long as each offer is timely made. Each subsequent offer supersedes and replaces the previous offer. Any
offer not accepted within twenty-one days of the service of
that offer is deemed rejected and withdrawn and evidence
thereof is not admissible and may not be provided to the court
or arbitrator except in a proceeding to determine costs and
fees or as part of the motion identified in subsection (2) of
this section.
(2) A declarant’s offer must include a demonstration of
ability to pay damages, costs, and fees, including reasonable
attorneys’ fees, within thirty days of acceptance of the offer
of judgment. The demonstration of ability to pay shall
include a sworn statement signed by the declarant, the attorney representing the declarant, and, if any insurance proceeds
will be used to fund any portion of the offer, an authorized
representative of the insurance company. If the association
or party unit owner disputes the adequacy of the declarant’s
(2006 Ed.)
64.55.901
demonstration of ability to pay, the association or party unit
owner may file a motion with the court requesting a ruling on
the adequacy of the declarant’s demonstration of ability to
pay. Upon filing of such motion, the deadline for a response
to the offer shall be tolled from the date the motion is filed
until the court has ruled.
(3) An association or party unit owner that accepts the
declarant’s offer of judgment shall be deemed the prevailing
party and, in addition to recovery of the amount of the offer,
shall be entitled to a costs and fees award, including reasonable attorneys’ fees, in an amount to be determined by the
court in accordance with applicable law.
(4) If the amount of the final nonappealable or nonappealed judgment, exclusive of costs or fees, is not more
favorable to the offeree than the offer of judgment, then the
offeror is deemed the prevailing party for purposes of this
section only and is entitled to an award of costs and fees,
including reasonable attorneys’ fees, incurred after the date
the last offer of judgment was rejected and through the date
of entry of a final nonappealable or nonappealed judgment, in
an amount to be determined by the court in accordance with
applicable law. The nonprevailing party shall not be entitled
to receive any award of costs and fees.
(5) If the final nonappealable or nonappealed judgment
on damages, not including costs or fees, is more favorable to
the offeree than the last offer of judgment, then the court shall
determine which party is the prevailing party and shall determine the amount of the costs and fees award, including reasonable attorneys’ fees, in accordance with applicable law.
(6) Notwithstanding any other provision in this section,
with respect to claims brought by an association or unit
owner, the liability for declarant’s costs and fees, including
reasonable attorneys’ fees, shall:
(a) With respect to claims brought by an association, not
exceed five percent of the assessed value of the condominium
as a whole, which is determined by the aggregate taxassessed value of all units at the time of the award; and
(b) With respect to claims brought by a party unit owner,
not exceed five percent of the assessed value of the unit at the
time of the award. [2005 c 456 § 17.]
64.55.900 Captions not law—2005 c 456. Captions
used in this act are not any part of the law. [2005 c 456 § 22.]
64.55.900
64.55.901 Effective date—2005 c 456. This act takes
effect August 1, 2005. [2005 c 456 § 24.]
64.55.901
[Title 64 RCW—page 79]
Title 65
RECORDING, REGISTRATION, AND LEGAL PUBLICATION
Title 65
Chapters
65.04 Duties of county auditor.
65.08 Recording.
65.12 Registration of land titles (Torrens Act).
65.16 Legal publications.
65.20 Classification of manufactured homes.
65.04.115
Assessor’s plats: Chapter 58.18 RCW.
Assignment, satisfaction of mortgages: Chapter 61.16 RCW.
Civil procedure, legal publication generally: Chapter 4.28 RCW.
Community property
claim of spouse to be filed: RCW 26.16.100.
purchaser protected by record title: RCW 26.16.095.
Copies of recorded instruments as evidence: Chapter 5.44 RCW.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
County auditor: Chapter 36.22 RCW.
Crop liens: Chapter 60.11 RCW.
Eminent domain by
corporations, judgment or decree: RCW 8.20.090.
county, decree: RCW 8.08.060.
school districts, decree: RCW 8.16.110.
state, judgment or decree: RCW 8.04.120.
Eminent domain, state lands, decree: RCW 8.28.010.
Fees of county officers: Chapter 36.18 RCW.
Field notes of irregular subdivided tracts: RCW 84.40.170.
Filing reports, claims, tax returns, etc.: RCW 1.12.070.
Lis pendens, effect of filing: RCW 4.28.320.
Notice of proposed constitutional amendments, publication of: RCW
29A.52.330, 29A.52.340.
Plats: Chapter 58.08 RCW, RCW 84.40.170.
Powers of appointment: Chapter 11.95 RCW.
RCW 65.08.070 applicable to rents and profits of real property: RCW
7.28.230.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Secretary of state, duties: RCW 43.07.030.
Fees of county officers, generally: Chapter 36.18 RCW.
Chapter 65.04
Chapter 65.04 RCW
DUTIES OF COUNTY AUDITOR
Sections
65.04.015
65.04.020
65.04.030
65.04.033
65.04.040
65.04.045
65.04.047
65.04.048
65.04.050
65.04.060
65.04.070
65.04.080
65.04.090
65.04.110
(2006 Ed.)
Definitions.
Duty to provide records.
Instruments to be recorded or filed.
Notice of abandoned cemetery document—Recording requirements.
Method for recording instruments—Marginal notations—
Arrangement of records.
Recorded instruments—Requirements—Content restrictions—Form.
Recorded instruments—Cover sheet—When required—Form.
Additional fee for certain documents not meeting requirements—Signed statement.
Index of instruments, how made and kept—Recording of plat
names.
Record when lien is discharged.
Recording judgments affecting real property.
Entries when instruments offered for record—Content restrictions.
Further endorsements—Delivery.
Liability of auditor for damages.
65.04.130
65.04.140
Names on documents, etc., to be printed or typewritten—
Indexing.
Fees to be paid or tendered.
Auditor as custodian of records.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
County auditor: Chapter 36.22 RCW.
Powers of appointment: Chapter 11.95 RCW.
65.04.015
65.04.015 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Recording officer" means the county auditor, or in
charter counties the county official charged with the responsibility for recording instruments in the county records.
(2) "File," "filed," or "filing" means the act of delivering
or transmitting electronically an instrument to the auditor or
recording officer for recording into the official public
records.
(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetic, or
microfilm storage used by the auditor or recording officer
after filing to incorporate the instrument into the public
records.
(4) "Recording number" means a unique number that
identifies the storage location (book or volume and page, reel
and frame, instrument number, auditor or recording officer
file number, receiving number, electronic retrieval code, or
other specific place) of each instrument in the public records
accessible in the same recording office where the instrument
containing the reference to the location is found.
(5) "Grantor/grantee" for recording purposes means the
names of the parties involved in the transaction used to create
the recording index. There will always be at least one grantor
and one grantee for any document. In some cases, the grantor
and the grantee will be the same individual(s), or one of the
parties may be the public.
(6) "Legible and capable of being imaged" means all
text, seals, drawings, signatures, or other content within the
document must be legible and capable of producing a readable image, regardless of what process is used for recording.
[1999 c 233 § 10; 1998 c 27 § 3; 1996 c 229 § 1; 1991 c 26 §
3.]
Effective date—1999 c 233: See note following RCW 4.28.320.
65.04.020
65.04.020 Duty to provide records. For the purpose of
recording deeds and other instruments of writing, required or
permitted by law to be recorded, the county auditor shall procure such media for records as the business of the office
requires. [1999 c 233 § 11; 1985 c 44 § 14; 1893 c 119 § 10;
Code 1881 § 2726; RRS § 10600.]
Effective date—1999 c 233: See note following RCW 4.28.320.
[Title 65 RCW—page 1]
65.04.030
Title 65 RCW: Recording, Registration, and Legal Publication
65.04.030 Instruments to be recorded or filed. The
auditor or recording officer must, upon the payment of the
fees as required in RCW 36.18.010 for the same, acknowledge receipt therefor in writing or printed form and record in
large and well bound books, or by photographic, photomechanical, electronic format, or other approved process, the
following:
(1) Deeds, grants and transfers of real property, mortgages and releases of mortgages of real estate, instruments or
agreements relating to community or separate property, powers of attorney to convey real estate, and leases which have
been acknowledged or proved: PROVIDED, That deeds,
contracts and mortgages of real estate described by lot and
block and addition or plat, shall not be filed or recorded until
the plat of such addition has been filed and made a matter of
record;
(2) Patents to lands and receivers’ receipts, whether for
mineral, timber, homestead or preemption claims or cash
entries;
(3) All such other papers or writing as are required by
law to be recorded and such as are required by law to be filed.
[1996 c 229 § 2; 1991 c 26 § 4; 1985 c 44 § 15; 1967 c 98 §
1; 1919 c 182 § 1; 1893 c 119 § 11; Code 1881 § 2727; 1865
p 26 § 1; RRS § 10601.]
65.04.030
or recording officer records any instrument by a process
approved by the state archivist it shall not be necessary thereafter to make any notations or marginal notes, which are otherwise required by law, thereon if, in lieu of making said
notations thereon, the auditor or recording officer immediately makes a note of such in the general index in the column
headed "remarks," listing the record number location of the
instrument to which the current entry relates back.
Previously recorded or filed instruments may be processed and preserved by any means authorized under this section for the original recording of instruments. The county
auditor or recording officer may provide for the use of the
public, media containing reproductions of instruments and
other materials that have been recorded pursuant to the provisions of this section. The contents of the media may be
arranged according to date of filing, irrespective of type of
instrument, or in such other manner as the county auditor or
recording officer deems proper. [1996 c 229 § 3; 1991 c 26 §
5; 1985 c 44 § 16; 1967 c 98 § 2; 1959 c 254 § 1; 1919 c 125
§ 1; RRS § 10602.]
*Reviser’s note: The definition "record location number" was changed
to "recording number" by 1999 c 233 § 10.
Fees for recording instruments: RCW 36.18.010.
State archivist: RCW 40.14.020.
Claim of spouse in community realty to be filed: RCW 26.16.100.
Marriage certificate to county auditor, filing and recording, etc.: RCW
26.04.090, 26.04.100.
Purchaser of community realty protected by record title: RCW 26.16.095.
65.04.033
65.04.033 Notice of abandoned cemetery document—Recording requirements. Any person who has
knowledge of the existence of any cemetery, abandoned cemetery, historical cemetery, or historic grave that has not been
dedicated pursuant to RCW 68.24.010 through 68.24.040
may file for recording, in the county in which the cemetery or
grave is located, a notice of abandoned cemetery document
providing notice of the existence of the cemetery or grave.
Such document shall contain the legal description of the
property, the approximate location of the cemetery or grave
within the property, the name of the owner or reputed owner
of the property, and the assessor’s tax parcel or account number. The auditor or recording officer shall index the document
to the names of the property owner and the person executing
the document. [1999 c 367 § 1.]
65.04.040 Method for recording instruments—Marginal notations—Arrangement of records. Any state,
county, or municipal officer charged with the duty of recording instruments in public records shall record them by
*record location number in the order filed, irrespective of the
type of instrument, using a process that has been tested and
approved for the intended purpose by the state archivist.
In addition, the county auditor or recording officer, in the
exercise of the duty of recording instruments in public
records, may, in lieu of transcription, record all instruments,
that he or she is charged by law to record, by any electronic
data transfer, photographic, photostatic, microfilm, microcard, miniature photographic or other process that actually
reproduces or forms a durable medium for so reproducing the
original, and which has been tested and approved for the
intended purpose by the state archivist. If the county auditor
65.04.040
[Title 65 RCW—page 2]
65.04.045 Recorded instruments—Requirements—
Content restrictions—Form. (1) When any instrument is
presented to a county auditor or recording officer for recording, the first page of the instrument shall contain:
(a) A top margin of at least three inches and a one-inch
margin on the bottom and sides, except that an instrument
may be recorded if a minor portion of a notary seal, incidental
writing, or minor portion of a signature extends beyond the
margins;
(b) The top left-hand side of the page shall contain the
name and address to whom the instrument will be returned;
(c) The title or titles, or type or types, of the instrument
to be recorded indicating the kind or kinds of documents or
transactions contained therein immediately below the threeinch margin at the top of the page. The auditor or recording
officer shall be required to index only the title or titles captioned on the document;
(d) Reference numbers of documents assigned or
released with reference to the document page number where
additional references can be found, if applicable;
(e) The names of the grantor(s) and grantee(s), as defined
under RCW 65.04.015, with reference to the document page
number where additional names are located, if applicable;
(f) An abbreviated legal description of the property, and
for purposes of this subsection, "abbreviated legal description
of the property" means lot, block, plat, or section, township,
range, and quarter/quarter section, and reference to the document page number where the full legal description is
included, if applicable;
(g) The assessor’s property tax parcel or account number
set forth separately from the legal description or other text.
(2) All pages of the document shall be on sheets of paper
of a weight and color capable of producing a legible image
that are not larger than fourteen inches long and eight and
one-half inches wide with text printed or written in eight
point type or larger. All text within the document must be of
65.04.045
(2006 Ed.)
Duties of County Auditor
sufficient color and clarity to ensure that when the text is
imaged all text is readable. Further, all pages presented for
recording must have at minimum a one-inch margin on the
top, bottom, and sides for all pages except page one, except
that an instrument may be recorded if a minor portion of a
notary seal, incidental writing, or minor portion of a signature
extends beyond the margins, be prepared in ink color capable
of being imaged, and have all seals legible and capable of
being imaged. No attachments, except firmly attached bar
code or address labels, may be affixed to the pages.
(3) When any instrument, except those generated by
governmental agencies, is presented to a county auditor or
recording officer for recording, the document may not contain the following information: (a) A social security number;
(b) a date of birth identified with a particular person; or (c)
the maiden name of a person’s parent so as to be identified
with a particular person.
The information provided on the instrument must be in
substantially the following form:
This Space Provided for Recorder’s Use
When Recorded Return to:
................................................
Document Title(s)
65.04.048
Please print or type information
Document Title(s) (or transactions contained therein):
1.
2.
3.
4.
Grantor(s) (Last name first, then first name and initials)
1.
2.
3.
4.
5. â Additional names on page
of document.
Grantee(s) (Last name first, then first name and initials)
1.
2.
3.
4.
5. â Additional names on page
of document.
Legal Description (abbreviated: i.e., lot, block, plat or section, township, range)
Grantor(s)
â Additional legal description is on page
Grantee(s)
Assessor’s Property Tax Parcel or Account Number at
the time of recording:
Legal Description
of document.
Reference Number(s) of Documents assigned or released:
Assessor’s Property Tax Parcel or Account Number
Reference Numbers of Documents Assigned or Released
â Additional references on page
[2005 c 134 § 1; 1999 c 233 § 12; 1998 c 27 § 1; 1996 c 143
§ 2.]
The Auditor or Recording Officer will rely on the information provided on this form. The staff will not read the document to verify the accuracy of or the completeness of the
indexing information provided herein.
(2) Documents which are exempt from format requirements and which may be recorded with a properly completed
cover sheet include: Documents which were signed prior to
January 1, 1997; military separation documents; documents
executed outside of the United States; certified copies of documents; any birth or death certificate; marriage certificates
from outside the state of Washington; any document, one of
whose original signer is deceased or otherwise incapacitated;
and judgments or other documents formatted to meet court
requirements. [1999 c 233 § 13; 1998 c 27 § 2; 1996 c 143 §
3.]
Effective date—1999 c 233: See note following RCW 4.28.320.
Effective date—1996 c 143: See note following RCW 36.18.010.
65.04.047
65.04.047 Recorded instruments—Cover sheet—
When required—Form. (1) If the first page of an instrument presented for recording does not contain the information required by RCW 65.04.045(1), the person preparing the
instrument for recording shall prepare a cover sheet that contains the required information. The cover sheet shall be
attached to the instrument and shall be recorded as a part of
the instrument. An additional page fee as determined under
RCW 36.18.010 shall be collected for recording of the cover
sheet. Any errors in the cover sheet shall not affect the transactions contained in the instrument itself. The cover sheet
need not be separately signed or acknowledged. The cover
sheet information shall be used to generate the auditor’s
grantor/grantee index, however, the names and legal description in the instrument itself will determine the legal chain of
title. The cover sheet shall be substantially the following
form:
Return Address
(2006 Ed.)
of document.
Effective date—1999 c 233: See note following RCW 4.28.320.
Effective date—1996 c 143: See note following RCW 36.18.010.
65.04.048
65.04.048 Additional fee for certain documents not
meeting requirements—Signed statement. (1) Documents
which must be recorded immediately and which do not meet
margin and font size requirements may be recorded for an
additional fee of fifty dollars. Documents which do not meet
legibility requirements must not be recorded as a nonstandard
recording.
[Title 65 RCW—page 3]
65.04.050
Title 65 RCW: Recording, Registration, and Legal Publication
(2) In addition to preparing a properly completed cover
sheet as described in RCW 65.04.047, the person preparing
the document for recording must sign a statement which must
be attached to the document and which must read substantially as follows: "I am requesting an emergency nonstandard
recording for an additional fee as provided in RCW
36.18.010. I understand that the recording processing
requirements may cover up or otherwise obscure some part of
the text of the original document." [1999 c 233 § 14.]
Effective date—1999 c 233: See note following RCW 4.28.320.
65.04.050
65.04.050 Index of instruments, how made and
kept—Recording of plat names. Every auditor or recording
officer must keep a general index, direct and inverted. The
index may be either printed on paper or produced on microfilm or microfiche, or it can be created from a computerized
data base and displayed on a video display terminal. Any reference to a prior *record location number may be entered in
the remarks column. Any property legal description contained in the instrument must be entered in the description of
property column of the general index. The direct index shall
be divided into eight columns, and with heads to the respective columns, as follows: Date of reception, grantor, grantee,
nature of instrument, volume and page where recorded and/or
the auditor’s file number, remarks, description of property,
assessor’s property tax parcel or account number. The auditor or recording officer shall correctly enter in such index
every instrument concerning or affecting real estate which by
law is required to be recorded, the names of grantors being in
alphabetical order. The inverted index shall also be divided
into eight columns, precisely similar, except that "grantee"
shall occupy the second column and "grantor" the third, the
names of grantees being in alphabetical order. The auditor or
recording officer may combine the direct and indirect indexes
into a single index if it contains all the information required
to be contained in the separate direct and indirect indexes and
the names of all grantors and grantees can be found by a person searching the combined index. For the purposes of this
chapter, the term "grantor" means any person conveying or
encumbering the title to any property, or any person against
whom any lis pendens, judgment, notice of lien, order of sale,
execution, writ of attachment, claims of separate or community property, or notice for request of transfer or encumbrance under RCW 43.20B.750 shall be placed on record.
The auditor or recording officer shall also enter in the general
index, the name of the party or parties platting a town, village, or addition in the column prescribed for "grantors,"
describing the grantee in such case as "the public." However,
the auditor or recording officer shall not receive or record any
such plat or map until it has been approved by the mayor and
common council of the municipality in which the property so
platted is situated, or if the property be not situated within any
municipal corporation, then the plat must be first approved by
the county legislative authority. The auditor or recording
officer shall not receive for record any plat, map, or subdivision of land bearing a name the same or similar to the name
of any map or plat already on record in the office. The auditor or recording officer may establish a name reservation system to preclude the possibility of duplication of names.
[Title 65 RCW—page 4]
[2005 c 292 § 3; 1996 c 143 § 4; 1991 c 26 § 6; 1893 c 119 §
12; Code 1881 § 2728; 1869 p 314 § 24; RRS § 10603.]
*Reviser’s note: The definition "record location number" was changed
to "recording number" by 1999 c 233 § 10.
Effective date—1996 c 143: See note following RCW 36.18.010.
65.04.060
65.04.060 Record when lien is discharged. Whenever
any mortgage, bond, lien, or instrument incumbering real
estate, has been satisfied, released or discharged, by the
recording of an instrument of release, or acknowledgment of
satisfaction, the auditor shall immediately note, in the comment section of the index, the recording number of the original mortgage, bond, lien, or instrument. [1999 c 233 § 15;
1985 c 44 § 17; Code 1881 § 2729; 1869 p 315 § 25; RRS §
10604.]
Effective date—1999 c 233: See note following RCW 4.28.320.
65.04.070
65.04.070 Recording judgments affecting real property. The auditor must file and record with the record of
deeds, grants and transfers certified copies of final judgments
or decrees partitioning or affecting the title or possession of
real property, any part of which is situated in the county of
which he is recorder. Every such certified copy or partition,
from the time of filing the same with the auditor for record,
imparts notice to all persons of the contents thereof, and subsequent purchasers, mortgagees and lien holders purchase
and take with like notice and effect as if such copy or decree
was a duly recorded deed, grant or transfer. [Code 1881 §
2730; RRS § 10605.]
65.04.080
65.04.080 Entries when instruments offered for
record—Content restrictions. (1) When any instrument,
paper, or notice, authorized or required by law to be filed or
recorded, is deposited in or electronically transmitted to the
county auditor’s office for filing or record, that officer must
indorse upon the same the time when it was received, noting
the year, month, day, hour and minute of its reception, and
note that the document was received by electronic transmission, and must file, or file and record the same without delay,
together with the acknowledgments, proofs, and certificates
written or printed upon or annexed to the same, with the plats,
surveys, schedules and other papers thereto annexed, in the
order and as of the time when the same was received for filing
or record, and must note on the instrument filed, or at the foot
of the record the exact time of its reception, and the name of
the person at whose request it was filed or filed and recorded.
However, the county auditor shall not be required to accept
for filing, or filing and recording, any instrument unless there
appear upon the face thereof, the name and nature of the
instrument offered for filing, or filing and recording, as the
case may be.
(2) When any instrument, except those generated by
governmental agencies, is presented to a county auditor or
recording officer for recording, the document may not contain the following information: (a) A social security number;
(b) a date of birth identified with a particular person; or (c)
the maiden name of a person’s parent so as to be identified
with a particular person. [2005 c 134 § 2; 1996 c 229 § 4;
1985 c 44 § 18; 1927 c 187 § 1; Code 1881 § 2731; 1869 p
313 § 19; RRS § 10606.]
(2006 Ed.)
Recording
65.04.090
65.04.090 Further endorsements—Delivery. The
recording officer must also endorse upon such an instrument,
paper, or notice, the time when and the book and page in
which it is recorded, and must thereafter either electronically
transmit or deliver it to the party leaving the same for record
or to the address on the face of the document. [2003 c 239 §
1; 1996 c 229 § 5; Code 1881 § 2732; RRS § 10607.]
65.04.110
65.04.110 Liability of auditor for damages. If any
county auditor to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by
law be recorded is delivered or electronically transmitted for
record: (1) Neglects or refuses to record such instrument,
paper or notice, within a reasonable time after receiving the
same; or (2) records any instruments, papers or notices
untruly, or in any other manner than as directed in this chapter; or, (3) neglects or refuses to keep in his or her office such
indexes as are required by *this act, or to make the proper
entries therein; or, (4) neglects or refuses to make the
searches and to give the certificate required by *this act; or if
such searches or certificate are incomplete and defective in
any important particular affecting the property in respect to
which the search is requested; or, (5) alters, changes, or obliterates any records deposited in his or her office, or inserts any
new matter therein; he or she is liable to the party aggrieved
for the amount of damage which may be occasioned thereby.
However, if the name or names and address hand printed,
printed, or typewritten on any instrument, proved or
acknowledged according to law, or on any paper or notice
which may by law be filed or recorded, is or are incorrect, or
misspelled or not the true name or names of the party or parties appearing thereon, the county auditor shall not, by reason
of such fact, be liable for any loss or damage resulting therefrom. [1996 c 229 § 6; 1965 c 134 § 1; Code 1881 § 2734;
RRS § 10609.]
*Reviser’s note: The language "this act" appears in Code 1881 c 211,
codified herein as RCW 5.44.070, 36.16.030 through 36.16.050, 36.16.070,
36.16.080, 36.22.110 through 36.22.130, 36.22.150, 65.04.020, 65.04.030,
65.04.050 through 65.04.110, 65.04.130, and 65.04.140.
65.08.050
writing, indexes thereto, maps, charts, town plats, survey and
other books and papers constituting the records and files in
said office of recorder of deeds, and all such records and files
are, and shall be, matters of public information, free of charge
to any and all persons demanding to inspect or to examine the
same, or to search the same for titles of property. It is said
recorder’s duty to arrange in suitable places the indexes of
said books of record, and when practicable, the record books
themselves, to the end that the same may be accessible to the
public and convenient for said public inspection, examination
and search, and not interfere with the said auditor’s personal
control and responsibility for the same, or prevent him from
promptly furnishing the said records and files of his said
office to persons demanding any information from the same.
The said auditor or recorder must and shall, upon demand,
and without charge, freely permit any and all persons, during
reasonable office hours, to inspect, examine and search any
or all of the records and files of his said office, and to gather
any information therefrom, and to make any desired notes or
memoranda about or concerning the same, and to prepare an
abstract or abstracts of title to any and all property therein
contained. [1886 p 163 § 1; 1883 p 34 § 1; Code 1881 §
2736; RRS § 10611.]
Chapter 65.08
Sections
65.08.030
65.08.050
65.08.060
65.08.070
65.08.090
65.08.095
65.08.100
65.08.110
65.08.120
65.08.130
65.08.140
65.08.150
65.08.160
65.08.170
65.04.115
65.04.115 Names on documents, etc., to be printed or
typewritten—Indexing. The name or names appearing on
all documents or instruments, proved or acknowledged
according to law, or on any paper which may by law be filed
or recorded shall be hand printed, printed or typewritten so as
to be legible and the county auditor shall index said documents and instruments in accordance with the hand printed,
printed or typewritten name or names appearing thereon.
[1965 c 134 § 2.]
65.04.130
65.04.130 Fees to be paid or tendered. Said county
auditor is not bound to record any instrument, or file any
paper or notice, or furnish any copies, or to render any service
connected with his office, until his fees for the same, as prescribed by law, are if demanded paid or tendered. [Code
1881 § 2735; RRS § 10610.]
Chapter 65.08 RCW
RECORDING
65.08.180
Recorded irregular instrument imparts notice.
Recording land office receipts.
Terms defined.
Real property conveyances to be recorded.
Letters patent.
Conveyances of fee title by public bodies.
Certified copies.
Certified copies—Effect.
Assignment of mortgage—Notice.
Revocation of power of attorney.
No liability for error in recording when properly indexed.
Duty to record.
Recording master form instruments and mortgages or deeds of
trust incorporating master form provisions.
Notice of additional water or sewer facility tap or connection
charges—Required—Contents.
Notice of additional water or sewer facility tap or connection
charges—Duration—Certificate of payment and release.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Powers of appointment: Chapter 11.95 RCW.
65.08.030 Recorded irregular instrument imparts
notice. An instrument in writing purporting to convey or
encumber real estate or any interest therein, which has been
recorded in the auditor’s office of the county in which the real
estate is situated, although the instrument may not have been
executed and acknowledged in accordance with the law in
force at the time of its execution, shall impart the same notice
to third persons, from the date of recording, as if the instrument had been executed, acknowledged, and recorded, in
accordance with the laws regulating the execution, acknowledgment, and recording of the instrument then in force.
[1953 c 115 § 1. Prior: 1929 c 33 § 8; RRS § 10599.]
65.08.030
65.04.140
65.04.140 Auditor as custodian of records. The
county auditor in his capacity of recorder of deeds is sole custodian of all books in which are recorded deeds, mortgages,
judgments, liens, incumbrances and other instruments of
(2006 Ed.)
65.08.050
65.08.050 Recording land office receipts. Every cash
or final receipt from any receiver, and every cash or final certificate from any register of the United States land office, evi[Title 65 RCW—page 5]
65.08.060
Title 65 RCW: Recording, Registration, and Legal Publication
dencing that final payment has been made to the United
States as required by law, or that the person named in such
certificate is entitled, on presentation thereof, to a patent from
the United States for land within the state of Washington,
shall be recorded by the county auditor of the county wherein
such land lies, on request of any party presenting the same,
and any record heretofore made of any such cash or final
receipt or certificate shall, from the date when this section
becomes a law, and every record hereafter made of any such
receipt or certificate shall, from the date of recording, impart
to third persons and all the world, full notice of all the rights
and equities of the person named in said cash or final receipt
or certificate in the land described in such receipt or certificate. [1890 p 92 § 1; RRS § 10613.]
65.08.090
65.08.090 Letters patent. Letters patent from the
United States or the state of Washington granting real property may be recorded in the office of the recording officer of
the county where such property is situated in the same manner and with like effect as a conveyance that is entitled to be
recorded. [1927 c 278 § 4; RRS § 10596-4.]
65.08.095
65.08.095 Conveyances of fee title by public bodies.
Every conveyance of fee title to real property hereafter executed by the state or by any political subdivision or municipal
corporation thereof shall be recorded by the grantor, after
having been reviewed as to form by the grantee, at the
expense of the grantee at the time of delivery to the grantee,
and shall constitute legal delivery at the time of filing for
record. [1963 c 49 § 1.]
65.08.060
65.08.060 Terms defined. (1) The term "real property"
as used in RCW 65.08.060 through 65.08.150 includes lands,
tenements and hereditaments and chattels real and mortgage
liens thereon except a leasehold for a term not exceeding two
years.
(2) The term "purchaser" includes every person to whom
any estate or interest in real property is conveyed for a valuable consideration and every assignee of a mortgage, lease or
other conditional estate.
(3) The term "conveyance" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned or by which the title
to any real property may be affected, including an instrument
in execution of a power, although the power be one of revocation only, and an instrument releasing in whole or in part,
postponing or subordinating a mortgage or other lien; except
a will, a lease for a term of not exceeding two years, and an
instrument granting a power to convey real property as the
agent or attorney for the owner of the property. "To convey"
is to execute a "conveyance" as defined in this subdivision.
(4) The term "recording officer" means the county auditor or, in charter counties, the county official charged with the
responsibility for recording instruments in the county
records. [1999 c 233 § 16; 1984 c 73 § 1; 1927 c 278 § 1;
RRS § 10596-1.]
Effective date—1999 c 233: See note following RCW 4.28.320.
65.08.100
65.08.100 Certified copies. A copy of a conveyance of
or other instrument affecting real property recorded or filed in
the office of the secretary of state or the commissioner of
public lands, or of the record thereof, when certified in the
manner required to entitle the same to be read in evidence,
may be recorded with the certificate in the office of any
recording officer of the state. [1927 c 278 § 5; RRS § 105965.]
65.08.110
65.08.110 Certified copies—Effect. A copy of a
record, when certified or authenticated to entitle it to be read
in evidence, may be recorded in any office where the original
instrument would be entitled to be recorded. Such record has
the same effect as if the original were so recorded. A copy of
the record of a conveyance of or other instrument affecting
separate parcels of real property situated in more than one
county, when certified or authenticated to entitle it to be read
in evidence may be recorded in the office of the recording
officer of any county in which any such parcel is situated
with the same effect as though the original instrument were
so recorded. [1927 c 278 § 6; RRS § 10596-6.]
65.08.120
65.08.120 Assignment of mortgage—Notice. The
recording of an assignment of a mortgage is not in itself
notice to the mortgagor, his heirs, assigns or personal representatives, to invalidate a payment made by any of them to a
prior holder of the mortgage. [1927 c 278 § 7; RRS § 105967.]
65.08.070
65.08.070 Real property conveyances to be recorded.
A conveyance of real property, when acknowledged by the
person executing the same (the acknowledgment being certified as required by law), may be recorded in the office of the
recording officer of the county where the property is situated.
Every such conveyance not so recorded is void as against any
subsequent purchaser or mortgagee in good faith and for a
valuable consideration from the same vendor, his heirs or
devisees, of the same real property or any portion thereof
whose conveyance is first duly recorded. An instrument is
deemed recorded the minute it is filed for record. [1927 c 278
§ 2; RRS § 10596-2. Prior: 1897 c 5 § 1; Code 1881 § 2314;
1877 p 312 § 4; 1873 p 465 § 4; 1863 p 430 § 4; 1860 p 299
§ 4; 1858 p 28 § 1; 1854 p 403 § 4.]
RCW 65.08.070 applicable to rents and profits of real property: RCW
7.28.230.
[Title 65 RCW—page 6]
65.08.130
65.08.130 Revocation of power of attorney. A power
of attorney or other instrument recorded pursuant to RCW
65.08.060 through 65.08.150 is not deemed revoked by any
act of the party by whom it was executed unless the instrument of revocation is also recorded in the same office in
which the instrument granting the power was recorded.
[1927 c 278 § 8; RRS § 10596-8.]
65.08.140
65.08.140 No liability for error in recording when
properly indexed. A recording officer is not liable for
recording an instrument in a wrong book, volume or set of
records if the instrument is properly indexed with a reference
to the volume and page or recording number where the instrument is actually of record. [1999 c 233 § 17; 1927 c 278 § 9;
RRS § 10596-9. Formerly RCW 65.04.120.]
(2006 Ed.)
Registration of Land Titles (Torrens Act)
Effective date—1999 c 233: See note following RCW 4.28.320.
65.08.150
65.08.150 Duty to record. A recording officer, upon
payment or tender to him of the lawful fees therefor, shall
record in his office any instrument authorized or permitted to
be so recorded by the laws of this state or by the laws of the
United States. [1943 c 23 § 1; 1927 c 278 § 10; RRS §
10596-10. Formerly RCW 65.04.010.]
65.08.160
65.08.160 Recording master form instruments and
mortgages or deeds of trust incorporating master form
provisions. A mortgage or deed of trust of real estate may be
recorded and constructive notice of the same and the contents
thereof given in the following manner:
(1) An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a
mortgage or deed of trust may be recorded in the office of the
county auditor of any county and the auditor of such county,
upon the request of any person, on tender of the lawful fees
therefor, shall record the same. Every such instrument shall
be entitled on the face thereof as a "Master form recorded
by . . . (name of person causing the instrument to be
recorded)." Such instrument need not be acknowledged to be
entitled to record.
(2) When any such instrument is recorded, the county
auditor shall index such instrument under the name of the
person causing it to be recorded in the manner provided for
miscellaneous instruments relating to real estate.
(3) Thereafter any of the provisions of such master form
instrument may be incorporated by reference in any mortgage
or deed of trust of real estate situated within this state, if such
reference in the mortgage or deed of trust states that the master form instrument was recorded in the county in which the
mortgage or deed of trust is offered for record, the date when
and the book and page or pages or recording number where
such master form instrument was recorded, and that a copy of
such master form instrument was furnished to the person executing the mortgage or deed of trust. The recording of any
mortgage or deed of trust which has so incorporated by reference therein any of the provisions of a master form instrument recorded as provided in this section shall have like
effect as if such provisions of the master form so incorporated
by reference had been set forth fully in the mortgage or deed
of trust.
(4) Whenever a mortgage or deed of trust is presented for
recording on which is set forth matter purporting to be a copy
or reproduction of such master form instrument or of part
thereof, identified by its title as provided in subsection (1) of
this section and stating the date when it was recorded and the
book and page where it was recorded, preceded by the words
"do not record" or "not to be recorded," and plainly separated
from the matter to be recorded as a part of the mortgage or
deed of trust in such manner that it will not appear upon a
photographic reproduction of any page containing any part of
the mortgage or deed of trust, such matter shall not be
recorded by the county auditor to whom the instrument is presented for recording; in such case the county auditor shall
record only the mortgage or deed of trust apart from such
matter and shall not be liable for so doing, any other provisions of law to the contrary notwithstanding. [1999 c 233 §
18; 1967 c 148 § 1.]
(2006 Ed.)
Chapter 65.12
Effective date—1999 c 233: See note following RCW 4.28.320.
65.08.170 Notice of additional water or sewer facility
tap or connection charges—Required—Contents. When
any municipality as defined in RCW 35.91.020 or any county
has levied or intends to levy a charge on property pertaining
to:
(1) The amount required by the provisions of a contract
pursuant to RCW 35.91.020 under which the water or sewer
facilities so tapped into or used were constructed; or
(2) Any connection charges which are in fact reimbursement for the cost of facilities constructed by the sale of revenue bonds; or
(3) The additional connection charge authorized in RCW
35.92.025;
such municipality or county shall record in the office in
which deeds are recorded of the county or counties in which
such facility is located a notice of additional tap or connection charges. Such notice shall contain either the legal
description of the land affected by such additional tap or connection charges or a map making appropriate references to
the United States government survey showing in outline the
land affected or to be affected by such additional tap or connection charges. [1977 c 72 § 1.]
65.08.170
65.08.180 Notice of additional water or sewer facility
tap or connection charges—Duration—Certificate of
payment and release. The notice required by RCW
65.08.170, when duly recorded, shall be effective until there
is recorded in the same office in which the notice was
recorded a certificate of payment and release executed by the
municipality or county. Such certificate shall contain a legal
description of the particular parcel of land so released and
shall be recorded within thirty days of the date of payment
thereof. [1977 c 72 § 2.]
65.08.180
Chapter 65.12
Chapter 65.12 RCW
REGISTRATION OF LAND TITLES
(TORRENS ACT)
Sections
65.12.005
65.12.010
65.12.015
65.12.020
65.12.025
65.12.030
65.12.035
65.12.040
65.12.050
65.12.055
65.12.060
65.12.065
65.12.070
65.12.080
65.12.085
65.12.090
65.12.100
65.12.110
65.12.120
65.12.125
65.12.130
65.12.135
65.12.140
65.12.145
65.12.150
65.12.155
65.12.160
Registration authorized—Who may apply.
Land subject to a lesser estate.
Tax title land—Conditions to registration.
Application.
Various lands in one application.
Amendment of application.
Form of application.
Venue—Power of the court.
Registrars of titles.
Bond of registrar.
Deputy registrar—Duties—Vacancy.
Registrar not to practice law—Liability for deputy.
Nonresident to appoint agent.
Filing application—Docket and record entries.
Filing abstract of title.
Examiner of titles—Appointment—Oath—Bond.
Copy of application as lis pendens.
Examination of title.
Summons to issue.
Summons—Form.
Parties to action.
Service of summons.
Copy mailed to nonresidents—Proof—Expense.
Guardians ad litem.
Who may appear—Answer.
Judgment by default—Proof.
Cause set for trial—Default—Referral.
[Title 65 RCW—page 7]
65.12.005
65.12.165
65.12.170
65.12.175
65.12.180
65.12.190
65.12.195
65.12.200
65.12.210
65.12.220
65.12.225
65.12.230
65.12.235
65.12.240
65.12.245
65.12.250
65.12.255
65.12.260
65.12.265
65.12.270
65.12.275
65.12.280
65.12.290
65.12.300
65.12.310
65.12.320
65.12.330
65.12.340
65.12.350
65.12.360
65.12.370
65.12.375
65.12.380
65.12.390
65.12.400
65.12.410
65.12.420
65.12.430
65.12.435
65.12.440
65.12.445
65.12.450
65.12.460
65.12.470
65.12.480
65.12.490
65.12.500
65.12.510
65.12.520
65.12.530
65.12.540
65.12.550
65.12.560
65.12.570
65.12.580
65.12.590
65.12.600
65.12.610
65.12.620
65.12.630
65.12.635
65.12.640
65.12.650
65.12.660
65.12.670
65.12.680
65.12.690
65.12.700
65.12.710
65.12.720
65.12.730
65.12.740
65.12.750
65.12.760
65.12.770
65.12.780
65.12.790
65.12.800
Title 65 RCW: Recording, Registration, and Legal Publication
Court may require further proof.
Application dismissed or withdrawn.
Decree of registration—Effect—Appellate review.
Rights of persons not served.
Limitation of actions.
Title free from incumbrances—Exceptions.
Decree—Contents—Filing.
Interest acquired after filing application.
Registration—Effect.
Withdrawal authorized—Effect.
Application to withdraw.
Certificate of withdrawal.
Effect of recording.
Title prior to withdrawal unaffected.
Entry of registration—Records.
Certificate of title.
Owner’s certificate—Receipt.
Tenants in common.
Subsequent certificates.
Exchange of certificates—Platting land.
Effective date of certificate.
Certificate of title as evidence.
Indexes and files—Forms.
Tract and alphabetical indexes.
Dealings with registered land.
Registration has effect of recording.
Filing—Numbering—Indexing—Public records.
Duplicate of instruments certified—Fees.
New certificate—Register of less than fee—When form of
memorial in doubt.
Owner’s certificate to be produced when new certificate
issued.
Owner’s duplicate certificate.
Conveyance of registered land.
Certificate of tax payment.
Registered land charged as other land.
Conveyances by attorney in fact.
Encumbrances by owner.
Registration of mortgages.
Dealings with mortgages.
Foreclosures on registered land.
Registration of final decree—New certificate.
Title on foreclosure—Registration.
Petition for new certificate.
Registration of leases.
Instruments with conditions.
Transfers between trustees.
Trustee may register land.
Creation of lien on registered land.
Registration of liens.
Entry as to plaintiff’s attorney.
Decree.
Title acquired on execution.
Termination of proceedings.
Land registered only after redemption period.
Registration on inheritance.
Probate court may direct sale of registered land.
Trustees and receivers.
Eminent domain—Reversion.
Registration when owner’s certificate withheld.
Reference to examiner of title.
Examiner of titles.
Registered instruments to contain names and addresses—Service of notices.
Adverse claims—Procedure.
Assurance fund.
Investment of fund.
Recoveries from fund.
Parties defendant—Judgment—Payment—Duties of county
attorney.
When fund not liable—Maximum liability.
Limitation of actions.
Proceeding to change records.
Certificate subject of theft—Penalty.
Perjury.
Fraud—False entries—Penalty.
Forgery—Penalty.
Civil actions unaffected.
Fees of clerk.
Fees of registrar.
Disposition of fees.
[Title 65 RCW—page 8]
65.12.005
65.12.005 Registration authorized—Who may apply.
The owner of any estate or interest in land, whether legal or
equitable, except unpatented land, may apply as hereinafter
provided to have the title of said land registered. The application may be made by the applicant personally, or by an agent
thereunto lawfully authorized in writing, which authority
shall be executed and acknowledged in the same manner and
form as is now required as to a deed, and shall be recorded in
the office of the county auditor in the county in which the
land, or the major portion thereof, is situated before the making of the application by such agent. A corporation may apply
by its authorized agent, and an infant or any other person
under disability by his legal guardian. Joint tenants and tenants in common shall join in the application. The person in
whose behalf the application is made shall be named as applicant. [1907 c 250 § 1; RRS § 10622.]
Construction—1907 c 250: "This act shall be construed liberally, so
far as may be necessary for the purpose of carrying out its general intent,
which is, that any owner of land may register his title and bring his land
under the provisions of this act, but no one is required so to do." [1907 c 250
§ 97.]
65.12.010
65.12.010 Land subject to a lesser estate. It shall not
be an objection to bringing land under this chapter, that the
estate or interest of the applicant is subject to any outstanding
lesser estate, mortgage, lien or charge; but no mortgage, lien,
charge or lesser estate than a fee simple shall be registered
unless the estate in fee simple to the same land is registered;
and every such lesser estate, mortgage, lien or charge shall be
noted upon the certificate of title and the duplicate thereof,
and the title or interest certified shall be subject only to such
estates, mortgages, liens and charges as are so noted, except
as herein provided. [1907 c 250 § 2; RRS § 10623.]
65.12.015
65.12.015 Tax title land—Conditions to registration.
No title derived through sale for any tax or assessment, or
special assessment, shall be entitled to be registered, unless it
shall be made to appear that the title of the applicant, or those
through whom he claims title has been adjudicated by a court
of competent jurisdiction, and a decree of such court duly
made and recorded, decreeing the title of the applicant, or that
the applicant or those through whom he claims title have been
in the actual and undisputed possession of the land under
such title at least seven years, immediately prior to the application, and shall have paid all taxes and assessments legally
levied thereon during said times; unless the same is vacant
and unoccupied lands or lots, in which case, where title is
derived through sale for any tax or assessment or special
assessment for any such vacant and unoccupied lands or lots,
and the applicant, or those through whom he claims title,
shall have paid all taxes and assessments legally levied
thereon for eight successive years immediately prior to the
application, in which case such lands and lots shall be entitled
to be registered as other lands provided for by this section.
[1907 c 250 § 3; RRS § 10624.]
65.12.020
65.12.020 Application. The application shall be in
writing and shall be signed and verified by the oath of the
applicant, or the person acting in his behalf. It shall set forth
substantially:
(2006 Ed.)
Registration of Land Titles (Torrens Act)
(1) The name and place of residence of the applicant, and
if the application is by one acting in behalf of another, the
name and place of residence and capacity of the person so
acting.
(2) Whether the applicant (except in the case of a corporation) is married or not, and, if married, the name and residence of the husband or wife, and the age of the applicant.
(3) The description of the land and the assessed value
thereof, exclusive of improvements, according to the last
official assessment, the same to be taken as a basis for the
payments required under RCW 65.12.670 and 65.12.790(1).
(4) The applicant’s estate or interest in the same, and
whether the same is subject to homestead exemption.
(5) The names of all persons or parties who appear of
record to have any title, claim, estate, lien or interest in the
lands described in the application for registration.
(6) Whether the land is occupied or unoccupied, and if
occupied by any other person than the applicant, the name
and post office address of each occupant, and what estate he
has or claims in the land.
(7) Whether the land is subject to any lien or incumbrance, and if any, give the nature and amount of the same,
and if recorded, the book and page of record; also give the
name and post office address of each holder thereof.
(8) Whether any other person has any estate or claims
any interest in the land, in law or equity, in possession,
remainder, reversion or expectancy, and if any, set forth the
name and post office address of every such person and the
nature of his estate or claim.
(9) In case it is desired to settle or establish boundary
lines, the names and post office addresses of all the owners of
the adjoining lands that may be affected thereby, as far as he
is able, upon diligent inquiry, to ascertain the same.
(10) If the application is on behalf of a minor, the age of
such minor shall be stated.
(11) When the place of residence of any person whose
residence is required to be given is unknown, it may be so
stated if the applicant will also state that upon diligent inquiry
he had been unable to ascertain the same. [1907 c 250 § 4;
RRS § 10625.]
65.12.025
65.12.025 Various lands in one application. Any
number of contiguous pieces of land in the same county, and
owned by the same person, and in the same right, or any number of pieces of property in the same county having the same
chain of title and belonging to the same person, may be
included in one application. [1907 c 250 § 5; RRS § 10626.]
65.12.030
65.12.030 Amendment of application. The application
may be amended only by supplemental statement in writing,
signed and sworn to as in the case of the original application.
[1907 c 250 § 6; RRS § 10627.]
65.12.035
65.12.035 Form of application. The form of application may, with appropriate changes, be substantially as follows:
(2006 Ed.)
65.12.035
FORM OF APPLICATION FOR
INITIAL REGISTRATION OF TITLE TO LAND
State of Washington
County of . . . . . . . . . . . . . . . ,





ss.
In the superior court of the state of Washington in and for
. . . . . . county.
In the matter of the
application of. . . . . . . . . .
to register the title
to the land hereinafter
described







PETITION
To the Honorable . . . . . ., judge of said court: I hereby
make application to have registered the title to the land
hereinafter described, and do solemnly swear that the
answers to the questions herewith, and the statements
herein contained, are true to the best of my knowledge,
information and belief.
First. Name of applicant, . . . . . ., age, . . . . years.
Residence, . . . . . . . . . . . (number and street, if any).
Married to . . . . . . (name of husband or wife).
Second. Applications made by . . . . . ., acting as
. . . . . . (owner, agent or attorney). Residence, . . . . . . . . . . .
(number, street).
Third. Description of real estate is as follows:
.............................................
.............................................
.............................................
.............................................
estate or interest therein is . . . . . . and . . . . . . subject to
homestead.
Fourth. The land is . . . . . . occupied by . . . . . . . . . . .
(names of occupants), whose address is . . . . . . . . . . .
(number street and town or city). The estate, interest or
claim of occupant is . . . . . .
Fifth. Liens and incumbrances on the land . . . . . .
Name of holder or owner thereof is . . . . . . Whose post
office address is . . . . . . . . . . . Amount of claim, $. . . .
Recorded, Book . . . ., page . . . ., of the records of said
county.
Sixth. Other persons, firm or corporation having or
claiming any estate, interest or claim in law or equity, in
possession, remainder, reversion or expectancy in said land
are . . . . . . whose addresses are . . . . . . . . . . . respectively.
Character of estate, interest or claim is . . . . . . . . . . . . . . .
Seventh. Other facts connected with said land and
appropriate to be considered in this registration proceeding
are . . . . . .
Eighth. Therefore, the applicant prays this honorable
court to find or declare the title or interest of the applicant
in said land and decree the same, and order the registrar of
titles to register the same and to grant such other and further
relief as may be proper in the premises.
...........................
(Applicant’s signature)
By . . . . . ., agent, attorney, administrator or guardian.
Subscribed and sworn to before me this . . . . day of
. . . . . ., A.D. 19. . .
[Title 65 RCW—page 9]
65.12.040
Title 65 RCW: Recording, Registration, and Legal Publication
...........................
Notary Public in and for the state
of Washington, residing at . . . . . .
[1907 c 250 § 7; RRS § 10628.]
ing. The registrar shall be liable for any neglect or omission
of the duties of his office when occasioned by a deputy registrar, in the same manner as for his own personal neglect or
omission. [1907 c 250 § 12; RRS § 10633.]
65.12.070
65.12.040
65.12.040 Venue—Power of the court. The application for registration shall be made to the superior court of the
state of Washington in and for the county wherein the land is
situated. Said court shall have power to inquire into the condition of the title to and any interest in the land and any lien
or encumbrance thereon, and to make all orders, judgments
and decrees as may be necessary to determine, establish and
declare the title or interest, legal or equitable, as against all
persons, known, or unknown, and all liens and incumbrances
existing thereon, whether by law, contract, judgment, mortgage, trust deed or otherwise, and to declare the order, priority and preference as between the same, and to remove all
clouds from the title. [1907 c 250 § 8; RRS § 10629.]
65.12.050
65.12.050 Registrars of titles. The county auditors of
the several counties of this state shall be registrars of titles in
their respective counties; and their deputies shall be deputy
registrars. All acts performed by registrars and deputy registrars under this law shall be performed under rules and
instructions established and given by the superior court having jurisdiction of the county in which they act. [1907 c 250
§ 9; RRS § 10630.]
65.12.055
65.12.055 Bond of registrar. Every county auditor
shall, before entering upon his duties as registrar of titles,
give a bond with sufficient sureties, to be approved by a judge
of the superior court of the state of Washington in and for his
county, payable to the state of Washington, in such sum as
shall be fixed by the said judge of the superior court, conditioned for the faithful discharge of his duties, and to deliver
up all papers, books, records and other property belonging to
the county or appertaining to his office as registrar of titles,
whole, safe and undefaced, when lawfully required so to do;
said bond shall be filed in the office of the secretary of state,
and a copy thereof shall be filed and entered upon the records
of the superior court in the county wherein the county auditor
shall hold office. [1907 c 250 § 10; RRS § 10631.]
65.12.060
65.12.060 Deputy registrar—Duties—Vacancy. Deputy registrars shall perform any and all duties of the registrar
in the name of the registrar, and the acts of such deputies shall
be held to be the acts of the registrar, and in the case of the
death of the registrar or his removal from office, the vacancy
shall be filled in the same manner as is provided by law for
filling such vacancy in the office of the county auditor. The
person so appointed to fill such vacancy shall file a bond and
be vested with the same powers as the registrar whose office
he is appointed to fill. [1907 c 250 § 11; RRS § 10632.]
65.12.065
65.12.065 Registrar not to practice law—Liability
for deputy. No registrar or deputy registrar shall practice as
an attorney or counselor at law, nor prepare any papers in any
proceeding herein provided for, nor while in the office be in
partnership with any attorney or counselor at law so practic[Title 65 RCW—page 10]
65.12.070 Nonresident to appoint agent. If the applicant is not a resident of the state of Washington, he shall file
with his application a paper, duly acknowledged, appointing
an agent residing in this state, giving his name in full and post
office address, and shall therein agree that the service of any
legal process in proceedings under or growing out of the
application shall be of the same legal effect when made on
said agent as if made on the applicant within this state. If the
agent so appointed dies or removes from the state, the applicant shall at once make another appointment in like manner,
and if he fails so to do, the court may dismiss the application.
[1907 c 250 § 14; RRS § 10635.]
65.12.080
65.12.080 Filing application—Docket and record
entries. The application shall be filed in the office of the
clerk of the court to which the application is made and in case
of personal service a true copy thereof shall be served with
the summons, and the clerk shall docket the case in a book to
be kept for that purpose, which shall be known as the "land
registration docket". The record entry of the application shall
be entitled (name of applicant), plaintiff, against (here insert
the names of all persons named in the application as being in
possession of the premises, or as having any lien, incumbrance, right, title or interest in the land, and the names of all
persons who shall be found by the report of the examiner
hereinafter provided for to be in possession or to have any
lien, incumbrance, right, title or interest in the land), also all
other persons or parties unknown, claiming any right, title,
estate, lien or interest in the real estate described in the application herein, defendants.
All orders, judgments and decrees of the court in the case
shall be appropriately entered in such docket. All final orders
or decrees shall be recorded, and proper reference made
thereto in such docket. [1907 c 250 § 15; RRS § 10636.]
65.12.085
65.12.085 Filing abstract of title. The applicant shall
also file with the said clerk, at the time the application is
made, an abstract of title such as is now commonly used, prepared and certified to by the county auditor of the county, or
a person, firm or corporation regularly engaged in the
abstract business, and having satisfied the said superior court
that they have a complete set of abstract books and are in
existence and doing business at the time of the filing of the
application under this chapter. [1907 c 250 § 15a; RRS §
10637.]
65.12.090
65.12.090 Examiner of titles—Appointment—
Oath—Bond. The judges of the superior court in and for the
state of Washington for the counties for which they were
elected or appointed shall appoint a competent attorney in
each county to be examiner of titles and legal adviser of the
registrar. The examiner of titles in each county shall be paid
in each case by the applicant such compensation as the judge
of the superior court of the state of Washington in and for that
county shall determine. Every examiner of titles shall, before
(2006 Ed.)
Registration of Land Titles (Torrens Act)
entering upon the duties of his office, take and subscribe an
oath of office to faithfully and impartially perform the duties
of his office, and shall also give a bond in such amount and
with such sureties as shall be approved by the judge of the
said superior court, payable in like manner and with like conditions as required of the registrar. A copy of the bond shall
be entered upon the records of said court and the original
shall be filed with the registrar. [1907 c 250 § 13; RRS §
10634.]
65.12.100
65.12.100 Copy of application as lis pendens. At the
time of the filing of the application in the office of the clerk
of the court, a copy thereof, certified by the clerk, shall be
filed (but need not be recorded) in the office of the county
auditor, and shall have the force and effect of a lis pendens.
[1907 c 250 § 16; RRS § 10638.]
65.12.110
65.12.110 Examination of title. Immediately after the
filing of the abstract of title, the court shall enter an order
referring the application to an examiner of titles, who shall
proceed to examine into the title and into the truth of the matters set forth in the application, and particularly whether the
land is occupied, the nature of the occupation, if occupied,
and by what right, and, also as to all judgments against the
applicant or those through whom he claims title, which may
be a lien upon the lands described in the application; he shall
search the records and investigate all the facts brought to his
notice, and file in the case a report thereon, including a certificate of his opinion upon the title. The clerk of the court shall
thereupon give notice to the applicant of the filing of such
report. If the opinion of the examiner is adverse to the applicant, he shall be allowed by the court a reasonable time in
which to elect to proceed further, or to withdraw his application. The election shall be made in writing, and filed with the
clerk of the court. [1907 c 250 § 17; RRS § 10639.]
65.12.120
65.12.120 Summons to issue. If, in the opinion of the
examiner, the applicant has a title, as alleged, and proper for
registration, or if the applicant, after an adverse opinion of the
examiner, elects to proceed further, the clerk of the court
shall, immediately upon the filing of the examiner’s opinion
or the applicant’s election, as the case may be, issue a summons substantially in the form hereinafter provided. The
summons shall be issued by the order of the court and attested
by the clerk of the court. [1907 c 250 § 18; RRS § 10640.]
65.12.125
65.12.125 Summons—Form. The summons provided
for in RCW 65.12.135 shall be in substance in the form following, to wit:
SUMMONS ON APPLICATION FOR
REGISTRATION OF LAND
State of Washington,
County of . . . . . . . . . . . . . . . ,
(2006 Ed.)





ss.
65.12.140
In the superior court of the state of Washington in and
for the county of . . . . . . (name of applicant), plaintiff,
. . . . . ., versus . . . . . . (names of all defendants), and all
other persons or parties unknown, claiming any right, title,
estate, lien or interest in the real estate, described in the
application herein . . . . . . defendants.
The state of Washington to the above-named defendants, greeting:
You are hereby summoned and required to answer the
application of the applicant plaintiff in the above entitled
application for registration of the following land situate in
. . . . . . county, Washington, to wit: (description of land),
and to file your answer to the said application in the office
of the clerk of said court, in said county, within twenty days
after the service of this summons upon you, exclusive of
the day of such service; and if you fail to answer the said
application within the time aforesaid, the applicant plaintiff
in this action will apply to the court for the relief demanded
in the application herein.
Witness, . . . . . ., clerk of said court and the seal
thereof, at . . . . . ., in said county and state, this . . . . day of
. . . . . ., A.D. 19. . .
(Seal.)
. . . . . . . . . . . . . Clerk.
[1907 c 250 § 206; RRS § 10644.]
65.12.130
65.12.130 Parties to action. The applicant shall be
known in the summons as the plaintiff. All persons named in
the application or found by the report of the examiner as
being in possession of the premises or as having of record any
lien, incumbrance, right, title, or interest in the land, and all
other persons who shall be designated as follows, viz: "All
other persons or parties unknown claiming any right, title,
estate, lien or interest in, to, or upon the real estate described
in the application herein," shall be and shall be known as
defendants. [1907 c 250 § 19; RRS § 10641.]
65.12.135
65.12.135 Service of summons. The summons shall be
directed to the defendants and require them to appear and
answer the application within twenty days after the service of
the summons, exclusive of the day of service; and the summons shall be served as is now provided for the service of
summons in civil actions in the superior court in this state,
except as herein otherwise provided. The summons shall be
served upon nonresident defendants and upon "all such
unknown persons or parties," defendant, by publishing the
summons in a newspaper of general circulation in the county
where the application is filed, once in each week for three
consecutive weeks, and the service by publication shall be
deemed complete at the end of the twenty-first day from and
including the first publication, provided that if any named
defendant assents in writing to the registration as prayed for,
which assent shall be endorsed upon the application or filed
therewith and be duly witnessed and acknowledged, then in
all such cases no service of summons upon the defendant
shall be necessary. [1985 c 469 § 60; 1907 c 250 § 20; RRS
§ 10642.]
65.12.140
65.12.140 Copy mailed to nonresidents—Proof—
Expense. The clerk of the court shall also, on or before
twenty days after the first publication, send a copy thereof by
[Title 65 RCW—page 11]
65.12.145
Title 65 RCW: Recording, Registration, and Legal Publication
mail to such defendants who are not residents of the state
whose place of address is known or stated in the application,
and whose appearance is not entered and who are not in person served with the summons. The certificate of the clerk that
he has sent such notice, in pursuance of this section, shall be
conclusive evidence thereof. Other or further notice of the
application for registration may be given in such manner and
to such persons as the court or any judge thereof may direct.
The summons shall be served at the expense of the applicant,
and proof of the service thereof shall be made as proof of service is now made in other civil actions. [1907 c 250 § 20a;
RRS § 10643.]
65.12.145
65.12.145 Guardians ad litem. The court shall appoint
a disinterested person to act as guardian ad litem for minors
and other persons under disability, and for all other persons
not in being who may appear to have an interest in the land.
The compensation of the said guardian shall be determined
by the court, and paid as a part of the expense of the proceeding. [1907 c 250 § 21; RRS § 10645.]
65.12.150
65.12.150 Who may appear—Answer. Any person
claiming an interest, whether named in the summons or not,
may appear and file an answer within the time named in the
summons, or within such further time as may be allowed by
the court. The answer shall state all objections to the application, and shall set forth the interests claimed by the party filing the same, and shall be signed and sworn to by him or by
some person in his behalf. [1907 c 250 § 22; RRS § 10646.]
65.12.155
65.12.155 Judgment by default—Proof. If no person
appears and answers within the time named in the summons,
or allowed by the court, the court may at once, upon the
motion of the applicant, no reason to the contrary appearing,
upon satisfactory proof of the applicant’s right thereto, make
its order and decree confirming the title of the applicant and
ordering registration of the same. By the description in the
summons, "all other persons unknown, claiming any right,
title, lien, or interest in, to, or upon the real estate described in
the application herein", all the world are made parties defendant, and shall be concluded by the default, order and decree.
The court shall not be bound by the report of the examiners of
title, but may require other or further proof. [1907 c 250 § 23;
RRS § 10647.]
65.12.160
65.12.160 Cause set for trial—Default—Referral. If,
in any case an appearance is entered and answer filed, the
cause shall be set down for hearing on motion of either party,
but a default and order shall first be entered against all persons who do not appear and answer in the manner provided in
RCW 65.12.155. The court may refer the cause or any part
thereof to one of the examiners of title, as referee, to hear the
parties and their evidence, and make report thereon to the
court. His report shall have the same force and effect as that
of a referee appointed by the said superior court under the
laws of this state now in force, and relating to the appointment, duties and powers of referees. [1907 c 250 § 24; RRS
§ 10648.]
[Title 65 RCW—page 12]
65.12.165
65.12.165 Court may require further proof. The
court may order such other or further hearing of the cause
before the court or before the examiner of titles after the filing of the report of the examiner, referred to in RCW
65.12.160, and require such other and further proof by either
of the parties to the cause as to the court shall seem meet and
proper. [1907 c 250 § 25; RRS § 10649.]
65.12.170
65.12.170 Application dismissed or withdrawn. If, in
any case, after hearing, the court finds that the applicant has
not title proper for registration, a decree shall be entered dismissing the application, and such decree may be ordered to
be without prejudice. The applicant may dismiss his application at any time, before the final decree, upon such terms as
may be fixed by the court, and upon motion to dismiss duly
made by the court. [1907 c 250 § 26; RRS § 10650.]
65.12.175
65.12.175 Decree of registration—Effect—Appellate
review. If the court, after hearing, finds that the applicant has
title, whether as stated in his application or otherwise, proper
for registration, a decree of confirmation of title and registration shall be entered. Every decree of registration shall bind
the land, and quiet the title thereto, except as herein otherwise
provided, and shall be forever binding and conclusive upon
all persons, whether mentioned by name in the application, or
included in "all other persons or parties unknown claiming
any right, title, estate, lien or interest in, to, or upon the real
estate described in the application herein", and such decree
shall not be opened by reason of the absence, infancy or other
disability of any person affected thereby, nor by any proceeding at law, or in equity, for reversing judgments or decrees,
except as herein especially provided. Appellate review of the
court’s decision may be sought as in other civil actions.
[1988 c 202 § 56; 1971 c 81 § 132; 1907 c 250 § 27; RRS §
10651.]
Severability—1988 c 202: See note following RCW 2.24.050.
65.12.180
65.12.180 Rights of persons not served. Any person
having an interest in or lien upon the land who has not been
actually served with process or notified of the filing of the
application or the pendency thereof, may at any time within
ninety days after the entry of such decree, and not afterwards,
appear and file his sworn answer to such application in like
manner as hereinbefore prescribed for making answer: PROVIDED, HOWEVER, That such person had no actual notice
or information of the filing of such application or the pendency of the proceedings during the pendency thereof, or
until within three months of the time of the filing of such
answer, which facts shall be made to appear before answering
by the affidavit of the person answering or the affidavit of
some one in his behalf having knowledge of the facts, and
PROVIDED, ALSO, that no innocent purchaser for value has
acquired an interest. If there is any such purchaser, the decree
of registration shall not be opened, but shall remain in full
force and effect forever, subject only to the right of appeal
hereinbefore provided; but any person aggrieved by such
decree in any case may pursue his remedy by suit in the
nature of an action of tort against the applicant or any other
person for fraud in procuring the decree; and may also bring
his action for indemnity as hereinafter provided. Upon the fil(2006 Ed.)
Registration of Land Titles (Torrens Act)
ing of such answer, and not less than ten days’ notice having
been given to the applicant, and to such other interested parties as the court may order in such manner as shall be directed
by the court, the court shall proceed to review the case, and if
the court is satisfied that the order or decree ought to be
opened, an order shall be entered to that effect, and the court
shall proceed to review the proceedings, and shall make such
order in the case as shall be equitable in the premises. An
appeal may be allowed in this case, as well as from all other
decrees affecting any registered title within a like time, and in
a like manner, as in the case of an original decree under this
chapter, and not otherwise. [1907 c 250 § 28; RRS § 10652.]
65.12.230
mined by the court, and shall set forth the estate of the owner,
and also in such manner as to show their relative priority, all
particular estates, mortgages, easements, liens, attachments,
homesteads and other incumbrances, including rights of husband and wife, if any, to which the land or the owner’s estate
is subject, and shall contain any other matter or information
properly to be determined by the court in pursuance of this
chapter. The decree shall be stated in a convenient form for
transcription upon the certificate of title, to be made as hereinafter provided by the registrar of titles. Immediately upon
the filing of the decree of registration, the clerk shall file a
certified copy thereof in the office of the registrar of titles.
[1907 c 250 § 31; RRS § 10655.]
65.12.190
65.12.190 Limitation of actions. No person shall commence any proceeding for the recovery of lands or any interest, right, lien or demand therein or upon the same adverse to
the title or interest as found, or decreed in the decree of registration, unless within ninety days after the entry of the order
or decree; and this section shall be construed as giving such
right of action to such person only as shall not, because of
some irregularity, insufficiency, or for some other cause, be
bound and concluded by such order or decree. [1907 c 250 §
29; RRS § 10653.]
65.12.210
65.12.210 Interest acquired after filing application.
Any person who shall take by conveyance, attachment, judgment, lien or otherwise any right, title or interest in the land,
subsequent to the filing of a copy of the application for registration in the office of the county auditor, shall at once appear
and answer as a party defendant in the proceeding for registration, and the right, title or interest of such person shall be
subject to the order or decree of the court. [1907 c 250 § 32;
RRS § 10656.]
65.12.195
65.12.195 Title free from incumbrances—Exceptions. Every person receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser of registered land who takes a certificate of title for
value and in good faith, shall hold the same free from all
incumbrances except only such estates, mortgages, liens,
charges and interests as may be noted in the last certificate of
title in the registrar’s office, and except any of the following
rights or incumbrances subsisting, namely:
(1) Any existing lease for a period not exceeding three
years, when there is actual occupation of the premises under
the lease.
(2) All public highways embraced in the description of
the land included in the certificates shall be deemed to be
excluded from the certificate. And any subsisting right of
way or other easement, for ditches or water rights, upon, over
or in respect to the land.
(3) Any tax or special assessment for which a sale of the
land has not been had at the date of the certificate of title.
(4) Such right of appeal, or right to appear and contest
the application, as is allowed by this chapter. And,
(5) Liens, claims or rights, if any, arising or existing
under the constitution or laws of the United States, and which
the statutes of this state cannot or do not require to appear of
record in the office of the county clerk and county auditor.
[1907 c 250 § 30; RRS § 10654.]
65.12.220
65.12.220 Registration—Effect. The obtaining of a
decree of registration and receiving of a certificate of title
shall be deemed an agreement running with the land and
binding upon the applicant and the successors in title, that the
land shall be and forever remain registered land, subject to
the provisions of this chapter and of all acts amendatory
thereof, unless the same shall be withdrawn from registration
in the manner hereinafter provided. All dealings with the land
or any estate or interest therein after the same has been
brought under this chapter, and all liens, encumbrances, and
charges upon the same shall be made only subject to the
terms of this chapter, so long as said land shall remain registered land and until the same shall be withdrawn from registration in the manner hereinafter provided. [1917 c 62 § 1;
1907 c 250 § 33; RRS § 10657.]
65.12.225
65.12.225 Withdrawal authorized—Effect. The
owner or owners of any lands, the title to which has been or
shall hereafter be registered in the manner provided by law,
shall have the right to withdraw said lands from registration
in the manner hereinafter provided, and after the same have
been so withdrawn from registration, shall have the right to
contract concerning, convey, encumber or otherwise deal
with the title to said lands as freely and to the same extent and
in the same manner as though the title had not been registered. [1917 c 62 § 2; RRS § 10658.]
65.12.200
65.12.200 Decree—Contents—Filing. Every decree
of registration shall bear the date of the year, day, hour and
minute of its entry, and shall be signed by the judge of the
superior court of the state of Washington in and for the
county in which the land is situated; it shall state whether the
owner is married or unmarried, and if married, the name of
the husband or wife; if the owner is under disability it shall
state the nature of the disability, and if a minor, shall state his
age. It shall contain a description of the land as finally deter(2006 Ed.)
65.12.230
65.12.230 Application to withdraw. The owner or
owners of registered lands, desiring to withdraw the same
from registration, shall make and file with the registrar of
titles in the county in which said lands are situated, an application in substantially the following form:
To the registrar of titles in the county of . . . . . ., state
of Washington:
[Title 65 RCW—page 13]
65.12.235
Title 65 RCW: Recording, Registration, and Legal Publication
I, (or we), . . . . . ., the undersigned registered owner
. . . in fee simple of the following described real property
situated in the county of . . . . . ., state of Washington, to
wit: (here insert the description of the property), hereby
make application to have the title to said real property withdrawn from registration.
Witness my (or our) hand . . . and seal . . . this . . . . day
of . . . . . ., 19. . .
............................
Applicant’s signature.
Said application shall be acknowledged in the same manner as is required for the acknowledgment of deeds. [1917 c
62 § 3; RRS § 10659.]
65.12.235
65.12.235 Certificate of withdrawal. Upon the filing
of such application and the payment of a fee of five dollars,
the registrar of titles, if it shall appear that the application is
signed and acknowledged by all the registered owners of said
land, shall issue to the [applicant] a certificate in substantially
the following form:
This is to certify, That . . . . . . the owner (or owners) in
fee simple of the following described lands situated in the
county of . . . . . ., state of Washington, the title to which
has been heretofore registered under the laws of the state of
Washington, to wit: (here insert description of the property), having heretofore filed his (or their) application for
the withdrawal of the title to said lands from the registry
system; NOW, THEREFORE, The title to said above
described lands has been withdrawn from the effect and
operation of the title registry system of the state of Washington and the owner (or owners) of said lands is (or are) by
law authorized to contract concerning, convey, encumber
or otherwise deal with the title to said lands in the same
manner and to the same extent as though said title had
never been registered.
Witness my hand and seal this . . . . day of . . . . . .,
19. . .
.....................
Registrar of Titles for
. . . . . . . . county.
said title still remained under said registry system. [1917 c 62
§ 6; RRS § 10662.]
*Reviser’s note: The language "This act" appears in 1917 c 62 codified
herein as RCW 65.12.220 through 65.12.245.
65.12.250
65.12.250 Entry of registration—Records. Immediately upon the filing of the decree of registration in the office
of the registrar of titles, the registrar shall proceed to register
the title or interest pursuant to the terms of the decree in the
manner herein provided. The registrar shall keep a book
known as the "Register of Titles", wherein he shall enter all
first and subsequent original certificates of title by binding or
recording them therein in the order of their numbers, consecutively, beginning with number one, with appropriate blanks
for entry of memorials and notations allowed by this chapter.
Each certificate, with such blanks, shall constitute a separate
page of such book. All memorials and notations that may be
entered upon the register shall be entered upon the page
whereon the last certificate of title of the land to which they
relate is entered. The term certificate of title used in this chapter shall be deemed to include all memorials and notations
thereon. [1907 c 250 § 34; RRS § 10663.]
65.12.255
65.12.255 Certificate of title. The certificate of registration shall contain the name of the owner, a description of
the land and of the estate of the owner, and shall by memorial
or notation contain a description of all incumbrances, liens
and interests to which the estate of the owner is subject; it
shall state the residence of the owner and, if a minor, give his
age; if under disability, it shall state the nature of the disability; it shall state whether married or not, and, if married, the
name of the husband or wife; in case of a trust, condition or
limitation, it shall state the trust, condition or limitation, as
the case may be; and shall contain and conform in respect to
all statements to the certified copy of the decree of registration filed with the registrar of titles as hereinbefore provided;
and shall be in form substantially as follows:
FIRST CERTIFICATE OF TITLE
Pursuant to order of the superior court of the state of
Washington, in and for . . . . . . county.
State of Washington,
[1973 c 121 § 1; 1917 c 62 § 4; RRS § 10660.]
County of . . . . . . . . . . . ,
65.12.240
65.12.240 Effect of recording. The person receiving
such certificate of withdrawal shall record the same in the
record of deeds in the office of the county auditor of the
county in which the lands are situated and thereafter the title
to said lands shall be conveyed or encumbered in the same
manner as the title to lands that have not been registered.
[1917 c 62 § 5; RRS § 10661.]
65.12.245
65.12.245 Title prior to withdrawal unaffected.
*This act shall not be construed to disturb the effect of any
proceedings under said registry system, wherein the question
of title to said real property has been determined, but all proceedings had in connection with the registering of said title,
relating to the settlement or determination of said title, prior
to such withdrawal, shall have the same force and effect as if
[Title 65 RCW—page 14]





ss.
This is to certify that A. . . . . . B. . . . . . of . . . . . .,
county of . . . . . ., state of . . . . . ., is now the owner of an
estate (describe the estate) of, and in (describe the land),
subject to the incumbrances, liens and interests noted by the
memorial underwritten or indorsed thereon, subject to the
exceptions and qualifications mentioned in the thirtieth
section of "An Act relating to the registration and confirmation of titles to land," in the session laws of Washington for
the year 1907 [RCW 65.12.195]. (Here note all statements
provided herein to appear upon the certificate.)
In witness whereof, I have hereunto set my hand and
affixed the official seal of my office this . . . . day of
. . . . . ., A.D. 19. . .
(Seal)
. . . . . . . . . . . . . . . . . . . . . . .,
Registrar of Titles.
(2006 Ed.)
Registration of Land Titles (Torrens Act)
[1907 c 250 § 35; RRS § 10664.]
65.12.260
65.12.260 Owner’s certificate—Receipt. The registrar
shall, at the time that he enters his original certificate of title,
make an exact duplicate thereof, but putting on it the words
"Owner’s duplicate certificate of ownership", and deliver the
same to the owner or to his attorney duly authorized. For the
purpose of preserving evidence of the signature and handwriting of the owner in his office, it shall be the duty of the
registrar to take from the owner, in every case where it is
practicable so to do, his receipt for the certificate of title
which shall be signed by the owner in person. Such receipt,
when signed and delivered in the registrar’s office, shall be
witnessed by the registrar or deputy registrar. If such receipt
is signed elsewhere, it shall be witnessed and acknowledged
in the same manner as is now provided for the acknowledgment of deeds. When so signed, such receipt shall be prima
facie evidence of the genuineness of such signature. [1907 c
250 § 36; RRS § 10665.]
65.12.265
65.12.265 Tenants in common. Where two or more
persons are registered owners as tenants in common or otherwise, one owner’s duplicate certificate can be issued for the
entirety, or a separate duplicate owner’s certificate may be
issued to each owner for his undivided share. [1907 c 250 §
37; RRS § 10666.]
65.12.270
65.12.270 Subsequent certificates. All certificates
subsequent to the first shall be in like form, except that they
shall be entitled: "Transfer from No. . . . .", (the number of
the next previous certificate relating to the same land), and
shall also contain the words "Originally registered on the . . . .
day of . . . . . ., 19. . ., and entered in the book . . . . . . at page
. . . . of register." [1907 c 250 § 38; RRS § 10667.]
65.12.330
of this state, and shall be conclusive as to all matters contained therein, except so far as is otherwise provided in this
chapter. In case of a variance between the owner’s duplicate
certificate and the original certificate, the original shall prevail. [1907 c 250 § 41; RRS § 10670.]
65.12.300
65.12.300 Indexes and files—Forms. The registrar of
titles, under the direction of the court, shall make and keep
indexes of all duplication and of all certified copies and
decrees of registration and certificates of titles, and shall also
index and file in classified order all papers and instruments
filed in his office relating to applications and to registered
titles. The registrar shall also, under the direction of the court,
prepare and keep forms of indexes and entry books. The court
shall prepare and adopt convenient forms of certificates of
titles, and also general forms of memorials or notations to be
used by the registrars of titles in registering the common
forms of conveyance and other instruments to express briefly
their effect. [1907 c 250 § 42; RRS § 10671.]
65.12.310
65.12.310 Tract and alphabetical indexes. The registrar of titles shall keep tract indexes, in which shall be entered
the lands registered in the numerical order of the townships,
ranges, sections, and in cases of subdivisions, the blocks and
lots therein, and the names of the owners, with a reference to
the volume and page of the register of titles in which the lands
are registered. He shall also keep alphabetical indexes, in
which shall be entered, in alphabetical order, the names of all
registered owners, and all other persons interested in, or holding charges upon, or any interest in, the registered land, with
a reference to the volume and page of the register of titles in
which the land is registered. [1907 c 250 § 43; RRS §
10672.]
65.12.320
65.12.275
65.12.275 Exchange of certificates—Platting land. A
registered owner holding one duplicate certificate for several
distinct parcels of land may surrender it and take out several
certificates for portions thereof. A registered owner holding
several duplicate certificates for several distinct parcels of
land may surrender them and take out a single duplicate certificate for all of said parcels, or several certificates for different portions thereof. Such exchange of certificates, however,
shall only be made by the order of the court upon petition
therefor duly made by the owner. An owner of registered land
who shall subdivide such land into lots, blocks or acre tracts
shall file with the registrar of titles a plat of said land so subdivided, in the same manner and subject to the same rules of
law and restrictions as is provided for platting land that is not
registered. [1907 c 250 § 39; RRS § 10668.]
65.12.280
65.12.280 Effective date of certificate. The certificate
of title shall relate back to and take effect as of the date of the
decree of registration. [1907 c 250 § 40; RRS § 10669.]
65.12.290
65.12.290 Certificate of title as evidence. The original
certificate in the registration book, any copy thereof duly certified under the signature of the registrar of titles or his deputy, and authenticated by his seal and also the owner’s duplicate certificate shall be received as evidence in all the courts
(2006 Ed.)
65.12.320 Dealings with registered land. The owner
of registered land may convey, mortgage, lease, charge or
otherwise incumber, dispose of or deal with the same as fully
as if it had not been registered. He may use forms of deeds,
trust deeds, mortgages and leases or voluntary instruments,
like those now in use, and sufficient in law for the purpose
intended. But no voluntary instrument of conveyance, except
a will and a lease, for a term not exceeding three years, purporting to convey or affect registered land, shall take effect as
a conveyance, or bind the land; but shall operate only as a
contract between the parties, and as evidence of the authority
to the registrar of titles to make registration. The act of registration shall be the operative act to convey or affect the land.
[1907 c 250 § 44; RRS § 10673.]
65.12.330
65.12.330 Registration has effect of recording. Every
conveyance, lien, attachment, order, decree, judgment of a
court of record, or instrument or entry which would, under
existing law, if recorded, filed or entered in the office of the
county clerk, and county auditor, of the county in which the
real estate is situate, affect the said real estate to which it
relates, if the title thereto were not registered, shall, if
recorded, filed or entered in the office of the registrar of titles
in the county where the real estate to which such instrument
relates is situate, affect in like manner the title thereto if registered, and shall be notice to all persons from the time of
[Title 65 RCW—page 15]
65.12.340
Title 65 RCW: Recording, Registration, and Legal Publication
such recording, filing or entering. [1907 c 250 § 45; RRS §
10674.]
shall make registration in accordance therewith. [1907 c 250
§ 48; RRS § 10677.]
65.12.340
65.12.340 Filing—Numbering—Indexing—Public
records. The registrar of titles shall number and note in a
proper book to be kept for that purpose, the year, month, day,
hour and minute of reception and number of all conveyances,
orders or decrees, writs or other process, judgments, liens, or
all other instruments, or papers or orders affecting the title of
land, the title to which is registered. Every instrument so filed
shall be retained in the office of the registrar of titles, and
shall be regarded as registered from the time so noted, and the
memorial of each instrument, when made on the certificate of
title to which it refers, shall bear the same date. Every instrument so filed, whether voluntary or involuntary, shall be
numbered and indexed, and indorsed with a reference to the
proper certificate of title. All records and papers, relating to
registered land, in the office of the registrar of titles shall be
open to public inspection, in the same manner as are now the
papers and records in the office of the county clerk and
county auditor. [1907 c 250 § 46; RRS § 10675.]
65.12.370
65.12.370 Owner’s certificate to be produced when
new certificate issued. No new certificates of titles shall be
entered, and no memorial shall be made upon any certificate
of title, in pursuance of any deed, or other voluntary instrument, unless the owner’s duplicate certificate is presented
with such instrument, except in cases provided for in this
chapter, or upon the order of the court for cause shown; and
whenever such order is made a memorial therefor shall be
entered, or a new certificate issued, as directed by said order.
The production of the owner’s duplicate certificate, whenever any voluntary instrument is presented for registration,
shall be conclusive authority from the registered owner to the
registrar of titles, to enter a new certificate, or to make a
memorial of registration in accordance with such instrument;
and a new certificate or memorial shall be binding upon the
registered owner and upon all persons claiming under him in
favor of every purchaser for value and in good faith. [1907 c
250 § 49; RRS § 10678.]
65.12.350
65.12.350 Duplicate of instruments certified—Fees.
Duplicates of all instruments, voluntary or involuntary, filed
and registered in the office of the registrar of titles, may be
presented with the originals, and shall be attested and sealed
by the registrar of titles, and indorsed with the file number
and other memoranda on the originals, and may be taken
away by the person presenting the same. Certified copies of
all instruments filed and registered may be obtained from the
registrar of titles, on the payment of a fee of the same amount
as is now allowed the county clerk and county auditor, for a
like certified copy. [1907 c 250 § 47; RRS § 10676.]
65.12.360
65.12.360 New certificate—Register of less than
fee—When form of memorial in doubt. No new certificate
shall be entered or issued upon any transfer of registered
land, which does not divest the title in fee simple of said land
or some part thereof, from the owner or some one of the registered owners. All interest in the registered land, less than a
freehold estate, shall be registered by filing with the registrar
of titles, the instruments creating, transferring or claiming
such interest, and by a brief memorandum or memorial
thereof, made by a registrar of titles upon the certificate of
title, and signed by him. A similar memorandum, or memorial, shall also be made on the owner’s duplicate.
The cancellation or extinguishment of such interests
shall be registered in the same manner. When any party in
interest does not agree as to the proper memorial to be made
upon the filing of any instrument, (voluntary or involuntary),
presented for registration, or where the registrar of titles is in
doubt as to the form of such memorial, the question shall be
referred to the court for decision, either on the certificate of
the registrar of titles, or upon the demand in writing of any
party in interest.
The registrar of titles shall bring before the court all the
papers and evidence which may be necessary for the determination of the question by the court. The court, after notice to
all parties in interest and a hearing, shall enter an order prescribing the form of the memorial, and the registrar of titles
[Title 65 RCW—page 16]
65.12.375
65.12.375 Owner’s duplicate certificate. In the event
that an owner’s duplicate certificate of title shall be lost, mislaid or destroyed, the owner may make affidavit of the fact
before any officer authorized to administer oaths, stating,
with particularly, the facts relating to such loss, mislaying or
destruction, and shall file the same in the office of the registrar of titles.
Any party in interest may thereupon apply to the court,
and the court shall, upon proofs of the facts set forth in the
affidavits, enter an order directing the registrar of titles to
make and issue a new owner’s duplicate certificate, such new
owner’s duplicate certificate shall be printed or marked,
"Certified copy of owner’s duplicate certificate", and such
certified copy shall stand in the place of and have like effect
as the owner’s duplicate certificate. [1907 c 250 § 50; RRS §
10679.]
65.12.380
65.12.380 Conveyance of registered land. An owner
of registered land, conveying the same, or any portion
thereof, in fee, shall execute a deed of conveyance, which the
grantor shall file with the registrar of titles in the county
where the land lies. The owner’s duplicate certificate shall be
surrendered at the same time and shall be by the registrar
marked "Canceled". The original certificate of title shall also
be marked "Canceled". The registrar of titles shall thereupon
entered in the register of titles, a new certificate of title to the
grantee, and shall prepare and deliver to such grantee an
owner’s duplicate certificate. All incumbrances, claims or
interests adverse to the title of the registered owner shall be
stated upon the new certificate or certificates, except insofar
as they may be simultaneously released or discharged.
When only a part of the land described in a certificate is
transferred, or some estate or interest in the land is to remain
in the transferor, a new certificate shall be issued to him, for
the part, estate or interest remaining in him. [1907 c 250 §
51; RRS § 10680.]
(2006 Ed.)
Registration of Land Titles (Torrens Act)
65.12.390
65.12.390 Certificate of tax payment. Before any
deed, plat or other instrument affecting registered land shall
be filed or registered in the office of the registrar of titles, the
owner shall present a certificate from the county treasurer
showing that all taxes then due thereon have been paid.
[1907 c 250 § 52; RRS § 10681.]
65.12.400
65.12.400 Registered land charged as other land.
Registered land and ownership therein shall in all respects be
subject to the same burdens and incidents which attach by
law to unregistered land. Nothing contained in this chapter
shall in any way be construed to relieve registered land, or the
owners thereof, from any rights incident to the relation of
husband and wife, or from liability to attachment of mesne
process, or levy on execution, or from liability from any lien
of any description established by law on land or the improvements thereon, or the interest of the owner in such land or
improvements, or to change the laws of descent, or the rights
of partition between cotenants, or the right to take the same
by eminent domain, or to relieve such land from liability to be
recovered by an assignee in insolvency or trustee in bankruptcy, under the provisions of law relating thereto; or to
change or affect in any way, any other rights or liabilities,
created by law, applicable to unregistered land, except as otherwise expressly provided in this chapter, or any amendments
hereof. [1907 c 250 § 53; RRS § 10682.]
65.12.410
65.12.410 Conveyances by attorney in fact. Any person may by attorney convey or otherwise deal with registered
land, but the letters or power of attorney shall be acknowledged and filed with the registrar of titles, and registered.
Any instrument revoking such letters, or power of attorney,
shall be acknowledged in like manner. [1907 c 250 § 54;
RRS § 10683.]
65.12.420
65.12.420 Encumbrances by owner. The owner of
registered land may mortgage or encumber the same, by executing a trust deed or other instrument, sufficient in law for
that purpose, and such instrument may be assigned, extended,
discharged, released, in whole or in part, or otherwise dealt
with by the mortgagee, by any form of instrument sufficient
in law for the purpose; but such trust deed or other instrument, and all instruments assigning, extending, discharging,
releasing or otherwise dealing with the encumbrance, shall be
registered, and shall take effect upon the title only from the
time of registration. [1907 c 250 § 55; RRS § 10684.]
65.12.430
65.12.430 Registration of mortgages. A trust deed
shall be deemed to be a mortgage, and be subject to the same
rules as a mortgage, excepting as to the manner of the foreclosure thereof. The registration of a mortgage shall be made
in the following manner, to wit: The owner’s duplicate certificate shall be presented to the registrar of titles with the
mortgage deed or instrument to be registered, and the registrar shall enter upon the original certificate of title and also
upon the owner’s duplicate certificate, a memorial of the purport of the instrument registered, the time of filing, and the
file number of the registered instrument. He shall also note
upon the instrument registered, the time of filing, and a reference to the volume and page of the register of titles, wherein
(2006 Ed.)
65.12.445
the same is registered. The registrar of titles shall also, at the
request of the mortgagee, make out and deliver to him a
duplicate certificate of title, like the owner’s duplicate,
except that the words, "Mortgagee’s duplicate", shall be written or printed upon such certificate in large letters, diagonally
across the face. A memorandum of the issuance of the mortgagee’s duplicate shall be made upon the certificate of title.
[1907 c 250 § 56; RRS § 10685.]
65.12.435
65.12.435 Dealings with mortgages. Whenever a
mortgage upon which a mortgagee’s duplicate has been
issued is assigned, extended or otherwise dealt with, the
mortgagee’s duplicate shall be presented with the instrument
assigning, extending, or otherwise dealing with the mortgage,
and a memorial of the instrument shall be made upon the
mortgagee’s duplicate, and upon the original certificate of
title. When the mortgage is discharged, or otherwise extinguished, the mortgagee’s duplicate shall be surrendered and
stamped, "Canceled". In case only a part of the charge or of
the land is intended to be released, discharged, or surrendered, the entry shall be made by a memorial according in
like manner as before provided for a release or discharge.
The production of the mortgagee’s duplicate certificate
shall be conclusive authority to register the instrument therewith presented. A mortgage on registered land may be discharged in whole or in part by the mortgagee in person on the
register of titles in the same manner as a mortgage on unregistered land may be discharged by an entry on the margin of
the record thereof, in the auditor’s office, and such discharge
shall be attested by the registrar of titles. [1907 c 250 § 57;
RRS § 10686.]
65.12.440
65.12.440 Foreclosures on registered land. All
charges upon registered land, or any estate or interest in the
same, and any right thereunder, may be enforced as is now
allowed by law, and all laws relating to the foreclosure of
mortgages shall apply to mortgages upon registered land, or
any estate or interest therein, except as herein otherwise provided, and except that a notice of the pendency of any suit or
of any proceeding to enforce or foreclose the mortgage, or
any charge, shall be filed in the office of the registrar of titles,
and a memorial thereof entered on the register, at the time of,
or prior to, the commencement of such suit, or the beginning
of any such proceeding. A notice so filed and registered shall
be notice to the registrar of titles and all persons dealing with
the land or any part thereof. When a mortgagee’s duplicate
has been issued, such duplicate shall, at the time of the registering of the notice, be presented, and a memorial of such
notice shall be entered upon the mortgagee’s duplicate.
[1907 c 250 § 58; RRS § 10687.]
65.12.445
65.12.445 Registration of final decree—New certificate. In any action affecting registered land a judgment or
final decree shall be entitled to registration on the presentation of a certified copy of the entry thereof from the clerk of
the court where the action is pending to the registrar of titles.
The registrar of titles shall enter a memorial thereof upon the
original certificates of title, and upon the owner’s duplicate,
and also upon the mortgagee’s and lessee’s duplicate, if any
there be outstanding. When the registered owner of such land
[Title 65 RCW—page 17]
65.12.450
Title 65 RCW: Recording, Registration, and Legal Publication
is, by such judgment or decree, divested of his estate in fee to
the land or any part thereof, the plaintiff or defendant shall be
entitled to a new certificate of title for the land, or that part
thereof, designated in the judgment or decree, and the registrar of titles shall enter such new certificate of title, and issue
a new owner’s duplicate, in such manner as is provided in the
case of voluntary conveyance: PROVIDED, HOWEVER,
That no such new certificate of title shall be entered, except
upon the order of the superior court of the county in which the
land is situated, and upon the filing in the office of the registrar of titles, an order of the court directing the entry of such
new certificate. [1907 c 250 § 59; RRS § 10688.]
65.12.450
65.12.450 Title on foreclosure—Registration. Any
person who has, by any action or proceeding to enforce or
foreclose any mortgage, lien or charge upon registered land,
become the owner in fee of the land, or any part thereof, shall
be entitled to have his title registered, and the registrar of
titles shall, upon application therefor, enter a new certificate
of title for the land, or that part thereof, of which the applicant
is the owner, and issue an owner’s duplicate, in such manner
as in the case of a voluntary conveyance of registered land:
PROVIDED, HOWEVER, No such new certificate of title
shall be entered, except after the time to redeem from such
foreclosure has expired, and upon the filing in the office of
the registrar of titles, an order of the superior court of the
county directing the entry of such new certificates. [1907 c
250 § 60; RRS § 10689.]
or memorial shall be entered by the words, "in trust", or
"upon condition", or other apt words, and by reference by
number to the instrument authorizing or creating the same. A
similar memorial shall be made upon the owner’s duplicate
certificate.
No transfer of, or charge upon, or dealing with, the land,
estate or interest therein, shall thereafter be registered, except
upon an order of the court first filed in the office of the registrar of titles, directing such transfer, charge, or dealing, in
accordance with the true intent and meaning of the trust, condition or limitation. Such registration shall be conclusive evidence in favor of the person taking such transfer, charge, or
right; and those claiming under him, in good faith, and for a
valuable consideration, that such transfer, charge or other
dealing is in accordance with the true intent and meaning of
the trust, condition, or limitation. [1907 c 250 § 63; RRS §
10692.]
65.12.490
65.12.490 Transfers between trustees. When the title
to registered land passes from a trustee to a new trustee, a
new certificate shall be entered to him, and shall be registered
in like manner as upon an original conveyance in trust. [1907
c 250 § 64; RRS § 10693.]
65.12.500
65.12.500 Trustee may register land. Any trustee
shall have authority to file an application for the registration
of any land held in trust by him, unless expressly prohibited
by the instrument creating the trust. [1907 c 250 § 65; RRS §
10694.]
65.12.460
65.12.460 Petition for new certificate. In all cases
wherein, by this chapter, it is provided that a new certificate
of title to registered land shall be entered by order of the court
a person applying for such new certificate shall apply to the
court by petition, setting forth the facts; and the court shall,
after notice given to all parties in interest, as the court may
direct, and upon hearing, make an order or decree for the
entry of a new certificate to such person as shall appear to be
entitled thereto. [1907 c 250 § 61; RRS § 10690.]
65.12.470
65.12.470 Registration of leases. Leases for registered
land, for a term of three years or more, shall be registered in
like manner as a mortgage, and the provisions herein relating
to the registration of mortgages, shall also apply to the registration of leases. The registrar shall, at the request of the lessee, make out and deliver to him a duplicate of the certificate
of title like the owner’s duplicate, except the words, "Lessee’s duplicate", shall be written or printed upon it in large
letters diagonally across its face. [1907 c 250 § 62; RRS §
10691.]
65.12.480
65.12.480 Instruments with conditions. Whenever a
deed, or other instrument, is filed in the office of the registrar
of titles, for the purpose of effecting a transfer of or charge
upon the registered land, or any estate or interest in the same,
and it shall appear that the transfer or charge is to be in trust
or upon condition or limitation expressed in such deed or
instrument, such deed or instrument shall be registered in the
usual manner, except that the particulars of the trust, condition, limitation or other equitable interest shall not be entered
upon the certificate of title by memorial, but a memorandum
[Title 65 RCW—page 18]
65.12.510
65.12.510 Creation of lien on registered land. In
every case where writing of any description, or copy of any
writ, order or decree is required by law to be filed or recorded
in order to create or preserve any lien, right, or attachment
upon unregistered land, such writing or copy, when intended
to affect registered land, in lieu of recording, shall be filed
and registered in the office of the registrar of titles, in the
county in which the land lies, and, in addition to any particulars required in such papers, for the filing or recording, shall
also contain a reference to the number of the certificate of
title of the land to be affected, and also, if the attachment,
right or lien is not claimed on all the land in any certificate of
title, a description sufficiently accurate for the identification
of the land intended to be affected. [1907 c 250 § 66; RRS §
10695.]
65.12.520
65.12.520 Registration of liens. All attachments, liens
and rights, of every description, shall be enforced, continued,
reduced, discharged and dissolved, by any proceeding or
method, sufficient and proper in law to enforce, continue,
reduce, discharge or dissolve, like liens or unregistered land.
All certificates, writing or other instruments, permitted or
required by law, to be filed or recorded, to give effect to the
enforcement, continuance, reduction, discharge or dissolution of attachments, liens or other rights upon registered land,
or to give notice of such enforcement, continuance, reduction, discharge or dissolution, shall in the case of like attachments, liens or other rights upon registered land, be filed with
the registrar of titles, and registered in the register of titles, in
lieu of filing or recording. [1907 c 250 § 67; RRS § 10696.]
(2006 Ed.)
Registration of Land Titles (Torrens Act)
65.12.530
65.12.530 Entry as to plaintiff’s attorney. The name
and address of the attorney for the plaintiff in every action
affecting the title to registered land, shall, in all cases, be
endorsed upon the writ or other writing filed in the office of
the registrar of titles, and he shall be deemed the attorney of
the plaintiff until written notice that he has ceased to be such
plaintiff’s attorney shall be filed for registration by the plaintiff. [1907 c 250 § 68; RRS § 10697.]
65.12.540
65.12.540 Decree. A judgment, decree, or order of any
court shall be a lien upon, or affect registered land, or any
estate or interest therein, only when a certificate under the
hand and official seal of the clerk of the court in which the
same is of record, stating the date and purport of the judgment, decree, or order, or a certified copy of such judgment,
decree, or order, or transcript of the judgment docket, is filed
in the office of the registrar, and a memorial of the same is
entered upon the register of the last certificate of the title to be
affected. [1907 c 250 § 69; RRS § 10698.]
65.12.550
65.12.550 Title acquired on execution. Any person
who has acquired any right, interest or estate in registered
land by virtue of any execution, judgment, order or decree of
the court, shall register his title so acquired, by filing in the
office of the registrar of titles all writings or instruments permitted or required to be recorded in the case of unregistered
land. If the interest or estate so acquired is the fee in the registered land, or any part thereof, the person acquiring such
interest shall be entitled to have a new certificate of title, registered in him, in the same manner as is provided in the case
of persons acquiring title by an action or proceeding in foreclosure of mortgages. [1907 c 250 § 70; RRS § 10699.]
65.12.600
65.12.580
65.12.580 Registration on inheritance. The heirs at
law and devisees, upon the death of an owner of lands, and
any estate or interest therein, registered pursuant to this chapter, on the expiration of thirty days after the entry of the
decree of the superior court granting letters testamentary or of
administration, or, in case of an appeal from such decree, at
any time after the entry of a final decree, may file a certified
copy of the final decree, of the superior court having jurisdiction, and of the will, if any, with the clerk of the superior
court, in the county in which the land lies, and make application to the court for an order for the entry of a new certificate
of title. The court shall issue notice to the executor or administrator and all other persons in interest, and may also give
notice by publication in such newspaper or newspapers as it
may deem proper, to all whom it may concern; and after hearing, may direct the entry of a new certificate or certificates to
the person or persons who appear to be entitled thereto as
heirs or devisees. Any new certificate so entered before the
final settlement of the estate of the deceased owner, in the
superior courts, shall state expressly that it is entered by
transfer from the last certificate by descent or devise, and that
the estate is in process of settlement. After the final settlement of the estate in the superior court, or after the expiration
of the time allowed by law for bringing an action against an
executor or administrator by creditors of the deceased, the
heirs at law or devisees may petition the court for an order to
cancel the memorial upon their certificates, stating that the
estate is in the course of settlement, and the court, after such
notice as it may order, and a hearing, may grant the petition:
PROVIDED, HOWEVER, That the liability of registered
land to be sold for claims against the estate of the deceased,
shall not in any way be diminished or changed. [1907 c 250
§ 73; RRS § 10702.]
65.12.590
65.12.560
65.12.560 Termination of proceedings. The certificate
of the clerk of the court in which any action or proceeding
shall be pending, or any judgment or decree is of record, that
such action or proceeding has been dismissed or otherwise
disposed of, or that the judgment, decree, or order has been
satisfied, released, reversed or overruled, or of any sheriff or
any other officer that the levy of any execution, attachment,
or other process, certified by him, has been released, discharged, or otherwise disposed of, being filed in the office of
the registrar of titles and noted upon the register, shall be sufficient to authorize the registrar to cancel or otherwise treat
the memorial of such action, proceeding, judgment, decree,
order, or levy, according to the purport of such certificate.
[1907 c 250 § 71; RRS § 10700.]
65.12.570
65.12.570 Land registered only after redemption
period. Whenever registered land is sold, and the same is by
law subject to redemption by the owner or any other person,
the purchaser shall not be entitled to have a new certificate of
title entered, until the time within which the land may be
redeemed has expired. At any time after the time to redeem
shall have expired, the purchaser may petition the court for an
order directing the entry of a new certificate of title to him,
and the court shall, after such notice as it may order, and hearing, grant and make an order directing the entry of such new
certificate of title. [1907 c 250 § 72; RRS § 10701.]
(2006 Ed.)
65.12.590 Probate court may direct sale of registered
land. Nothing contained in this chapter shall include, affect
or impair the jurisdiction of the superior court to order an
executor, administrator or guardian to sell or mortgage registered land for any purpose for which such order may be
granted in the case of unregistered land. The purchaser or
mortgagee, taking a deed or mortgage executed in pursuance
of such order of the superior court, shall be entitled to register
his title, and to the entry of a new certificate of title or memorial of registration, upon application to the superior court, and
upon filing in the office of the registrar of titles, an order of
said court, directing the entry of such certificates. [1907 c
250 § 74; RRS § 10703.]
65.12.600
65.12.600 Trustees and receivers. An assignee for the
benefit of creditors, receiver, trustee in bankruptcy, master in
chancery, special commissioner, or other person appointed
by the court, shall file in the office of the registrar of titles, the
instrument or instruments by which he is vested with title,
estate, or interest in any registered land, or a certified copy of
an order of the court showing that such assignee, receiver,
trustee in bankruptcy, master in chancery, special commissioner, or other person, is authorized to deal with such land,
estate or interest, and, if it is in the power of such person, he
shall, at the same time, present to the registrar of titles, the
owner’s duplicate certificate of title; thereupon the registrar
shall enter upon the register of titles, and the duplicate certif[Title 65 RCW—page 19]
65.12.610
Title 65 RCW: Recording, Registration, and Legal Publication
icate, if presented, a memorial thereof, with a reference to
such order or deed by its file number. Such memorial having
been entered, the assignee, receiver, trustee in bankruptcy,
master in chancery, special commissioner or other person
may, subject to the direction of the court, deal with or transfer
such land as if he were a registered owner. [1907 c 250 § 75;
RRS § 10704.]
65.12.610
65.12.610 Eminent domain—Reversion. Whenever
registered land, or any right or interest therein, is taken by
eminent domain, the state or body politic, or corporate or
other authority exercising such right shall pay all fees on
account of any memorial or registration or entry of new certificates, or duplicate thereof, and fees for the filing of instruments required by this chapter to be filed. When, for any reason, by operation of law, land which has been taken for public use reverts to the owner from whom it was taken, or his
heirs or assigns, the court, upon petition of the person entitled
to the benefit of the reversion, after such notice as it may
order, and hearing, may order the entry of a new certificate of
title to him. [1907 c 250 § 76; RRS § 10705.]
65.12.620
65.12.620 Registration when owner’s certificate
withheld. In every case where the registrar of titles enters a
memorial upon a certificate of title, or enters a new certificate
of title, in pursuance of any instrument executed by the registered owner, or by reason of any instrument or proceeding
which affects or devises the title of the registered owner
against his consent, if the outstanding owner’s duplicate certificate is not presented, the registrar of titles shall not enter a
new certificate or make a memorial, but the person claiming
to be entitled thereto may apply by petition to the court. The
court may order the registered owner, or any person withholding the duplicate certificate, to present or surrender the
same, and direct the entry of a memorial or new certificate
upon such presentation or surrender. If, in any case, the person withholding the duplicate certificate is not amenable to
the process of the court, or cannot be found, or if, for any reason, the outstanding owner’s duplicate certificate cannot be
presented or surrendered without delay, the court may, by
decree, annul the same, and order a new certificate of title to
be entered. Such new certificate, and all duplicates thereof,
shall contain a memorial of the annulment of the outstanding
duplicate. If in any case of an outstanding mortgagee’s or lessee’s duplicate certificate shall be withheld or otherwise dealt
with, like proceedings may be had to obtain registration as in
case of the owner’s withholding or refusing to deliver the
duplicate receipt. [1907 c 250 § 77; RRS § 10706.]
65.12.630
65.12.630 Reference to examiner of title. In all cases
where, under the provisions of this chapter, application is
made to the court for an order or decree, the court may refer
the matter to one of the examiners of title for hearing and
report, in like manner, as is herein provided for the reference
of the application for registration. [1907 c 250 § 78; RRS §
10707.]
upon request, prepare the form of any memorial to be made or
entered by the registrar of titles. The examiner of titles shall
have full power to administer oaths and examine witnesses
involved in his investigation of titles. [1907 c 250 § 79; RRS
§ 10708.]
65.12.640
65.12.640 Registered instruments to contain names
and addresses—Service of notices. Every writing and
instrument required or permitted by this chapter to be filed
for registration, shall contain or have endorsed upon it, the
full name, place of residence and post office address of the
grantee or other person requiring or claiming any right, title
or interest under such instrument. Any change in residence or
post office address of such person shall be endorsed by the
registrar of titles in the original instrument, on receiving a
sworn statement of such change. All names and addresses
shall also be entered on all certificates. All notices required
by, or given in pursuance of the provisions of this chapter by
the registrar of titles or by the court, after original registration, shall be served upon the person to be notified; if a resident of the state of Washington, as summons in civil actions
are served; and proof of such service shall be made as on the
return of a summons. All such notices shall be sent by mail,
to the person to be notified, if not a resident of the state of
Washington, and his residence and post office address, as
stated in the certificate of title, or in any registered instrument
under which he claims an interest. The certificate of the registrar of titles, or clerk of court, that any notice has been
served, by mailing the same, as aforesaid, shall be conclusive
proof of such notice: PROVIDED, HOWEVER, That the
court may, in any case, order different or further service by
publication or otherwise. [1907 c 250 § 80; RRS § 10709.]
65.12.650
65.12.650 Adverse claims—Procedure. Any person
claiming any right or interest in registered land, adverse to
the registered owner, arising subsequent to the date of the
original registration, may, if no other provision is made in
this chapter for registering the same, make a statement in
writing, setting forth fully his alleged right or interest and
how or under whom acquired, and a reference to the volume
and page of the certificate of title of the registered owner, and
a description of the land to which the right or interest is
claimed. The statement shall be signed and sworn to, and
shall state the adverse claimant’s residence, and designate a
place at which all notices may be served upon him. This statement shall be entitled to registration, as an adverse claim; and
the court, upon the petition of any party in interest, shall grant
a speedy hearing upon the question of the validity of such
adverse claim, and shall enter such decree thereon as equity
and justice may require.
If the claim is adjudged to be invalid, its registration
shall be canceled. The court may, in any case, award such
costs and damages, including reasonable attorneys’ fees, as it
may deem just in the premises. [1907 c 250 § 81; RRS §
10710.]
65.12.660
65.12.635
65.12.635 Examiner of titles. Examiners of titles shall,
upon the request of the registrar of titles, advise him upon any
act or duty pertaining to the conduct of his office, and shall,
[Title 65 RCW—page 20]
65.12.660 Assurance fund. Upon the original registration of land under this chapter, and also upon the entry of the
certificate showing title as registered owners in heirs or devisees, there shall be paid to the registrar of titles, one-fortieth
(2006 Ed.)
Registration of Land Titles (Torrens Act)
of one percent of the assessed value of the real estate on the
basis of the last assessment for general taxation, as an assurance fund. [1973 1st ex.s. c 195 § 75; 1907 c 250 § 82; RRS
§ 10711.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
65.12.670
65.12.670 Investment of fund. All sums of money
received by the registrar as provided for in RCW 65.12.660,
shall be forthwith paid by the registrar to the county treasurer
of the county in which the land lies, for the purpose of an
assurance fund, under the terms of this chapter; it shall be the
duty of the county treasurer, whenever the amount on hand in
said assurance fund is sufficient, to invest the same, principal
and income, and report annually to the superior court of the
same county the condition and income thereof; and no investment of the funds, or any part thereof, shall be made without
the approval of said court, by order entered of record. Said
fund shall be invested only in bonds or securities of the
United States, or of one of the states of the United States, or
of the counties or other municipalities of this state. [1907 c
250 § 83; RRS § 10712.]
65.12.680
65.12.680 Recoveries from fund. Any person sustaining loss or damage, through any omission, mistake, or misfeasance of the registrar of titles, or of any examiner of titles,
or of any deputy, or by the mistake or misfeasance of the
clerk of the court, or any deputy, in the performance of their
respective duties, under the provisions of this chapter, and
any person wrongfully deprived of any land or any interest
therein, through the bringing of the same, under the provisions of this chapter, or by the registration of any other person
as the owner of such land, or by any mistake, omission, or
misdescription in any certificate or entry, or memorial, in the
register of titles, or by any cancellation, and who, by the provisions of this chapter, is barred or precluded from bringing
any action for the recovery of such land, or interest therein, or
claim thereon, may bring an action against the treasurer of the
county in which such land is situated, for the recovery of
damages to be paid out of the assurance fund. [1907 c 250 §
84; RRS § 10713.]
65.12.690
65.12.690 Parties defendant—Judgment—Payment—Duties of county attorney. If such action be for
recovery for loss or damage arising only through any omission, mistake or misfeasance of the registrar of titles or his
deputies, or of any examiner of titles, or any clerk of court or
his deputy, in the performance of their respective duties,
under the provisions of this chapter, then the county treasurer
shall be the sole defendant to such action; but if such action
be brought for loss or damage arising only through the fraud
or wrongful act of some person or persons other than the registrar or his deputies, the examiners of title, the clerk of the
court or his deputies, or arising jointly through the fraud or
wrongful act of such other person or persons, and the omission, mistakes or misfeasance of the registrar of titles or his
deputies, the examiners of titles, the clerk of the court or his
deputies, then such action shall be brought against both the
county treasurer and such persons or persons aforesaid. In all
such actions, where there are defendants other than the
(2006 Ed.)
65.12.720
county treasurer, and damages shall have been recovered, no
final judgment shall be entered against the county treasurer,
until execution against the other defendants shall be returned
unsatisfied in whole or in part, and the officer returning the
execution shall certify that the amount still due upon the execution cannot be collected except by application to the
indemnity [assurance] fund. Thereupon the court, being satisfied as to the truth of such return, shall order final judgment
against the treasurer, for the amount of the execution and
costs, or so much thereof as remains unpaid. The county treasurer shall, upon such order of the court and final judgment,
pay the amount of such judgment out of the assurance fund. It
shall be the duty of the county attorney to appear and defend
all such actions. If the funds in the assurance funds at any
time are insufficient to pay any judgment in full, the balance
unpaid shall draw interest at the legal rate of interest, and be
paid with such interest out of the first funds coming into said
fund. [1907 c 250 § 85; RRS § 10714.]
65.12.700
65.12.700 When fund not liable—Maximum liability.
The assurance fund shall not be liable in any action to pay for
any loss, damage or deprivation occasioned by a breach of
trust, whether expressed, implied, or constructive, by any
registered owner who is a trustee, or by the improper exercise
of any power of sale, in a mortgage or a trust deed. Final
judgment shall not be entered against the county treasurer in
any action against this chapter to recover from the assurance
fund for more than a fair market value of the real estate at the
time of the last payment to the assurance fund, on account of
the same real estate. [1907 c 250 § 86; RRS § 10715.]
65.12.710
65.12.710 Limitation of actions. No action or proceeding for compensation for or by reason of any deprivation, loss
or damage occasioned or sustained as provided in this chapter, shall be made, brought or taken, except within the period
of six years from the time when right to bring or take such
action or proceeding first accrued; except that if, at any time,
when such right of action first accrues, the person entitled to
bring such action, or take such proceeding, is under the age of
eighteen years, or insane, imprisoned, or absent from the
United States in the service of the United States, or of this
state, then such person, or anyone claiming from, by, or under
him, may bring the action, or take the proceeding, at any time
within two years after such disability is removed, notwithstanding the time before limited in that behalf has expired.
[1971 ex.s. c 292 § 49; 1907 c 250 § 87; RRS § 10716.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
65.12.720
65.12.720 Proceeding to change records. No erasure,
alteration or amendment shall be made upon the register of
titles after the entry of the certificate of title, or a memorial
thereon, and the attestation of the same by the registrar of
titles, except by order of the court. Any registered owner, or
other person in interest, may at any time apply by petition to
the court, on the ground that registered interests of any
description, whether vested, contingent, expectant, or inchoate, have determined and ceased; or that new interests have
arisen or been created, which do not appear upon the certificate; or that an error, omission or mistake was made in entering the certificate; or any memorial thereon, or any duplicate
[Title 65 RCW—page 21]
65.12.730
Title 65 RCW: Recording, Registration, and Legal Publication
certificate; or that the name of any person on the certificate
has been changed; or that the registered owner has been married, or if registered, has married, that the marriage has been
terminated, or that a corporation which owned registered land
has been dissolved, and has not conveyed the same within
three years after its dissolution; or upon any other reasonable
ground; and the court shall have jurisdiction to hear and
determine the petition after such notice as it may order, to all
parties in interest, and may order the entry of a new certificate, the entry or cancellation of a memorial upon a certificate, or grant any other relief upon such terms and conditions,
requiring security if necessary, as it may deem proper: PROVIDED, HOWEVER, That this section shall not be construed
to give the court authority to open the original decree of registration, and that nothing shall be done or ordered by the
court which shall impair the title or other interest of the purchaser, holding a certificate for value and in good faith, or his
heirs or assigns, without his or their written consent. [1907 c
250 § 88; RRS § 10717.]
ture, or handwriting of any person whomsoever, to any
instrument which is expressedly or impliedly authorized to be
signed by such person; or uses any document upon which any
impression or part of the impression of any seal of the registrar has been forged, knowing the same to have been forged,
or any document, the signature to which has been forged,
shall be guilty of a class B felony, and upon conviction shall
be imprisoned in a state correctional facility for not more than
ten years, or fined not more than one thousand dollars, or
both fined and imprisoned, in the discretion of the court.
[2003 c 53 § 294; 1907 c 250 § 92; RRS § 10721.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
65.12.770
65.12.770 Civil actions unaffected. No proceeding or
conviction for any act hereby declared to be a felony, shall
affect any remedy which any person aggrieved or injured by
such act may be entitled to at law, or in equity, against the
person who has committed such act, or against his estate.
[1907 c 250 § 93; RRS § 10722.]
65.12.730
65.12.730 Certificate subject of theft—Penalty. Certificates of title or duplicate certificates entered under this
chapter, shall be subjects of theft, and anyone unlawfully
stealing or carrying away any such certificate, shall, upon
conviction thereof, be deemed guilty of theft under chapter
9A.56 RCW. [2003 c 53 § 291; 1907 c 250 § 89; RRS §
10718.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
65.12.740 Perjury. Whoever knowingly swears falsely
to any statement required by this chapter to be made under
oath is guilty of perjury under chapter 9A.72 RCW. [2003 c
53 § 292; 1907 c 250 § 90; RRS § 10719.]
65.12.740
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
65.12.750
65.12.750 Fraud—False entries—Penalty. Whoever
fraudulently procures, or assists fraudulently procuring, or is
privy to the fraudulent procurement of any certificate of title,
or other instrument, or of any entry in the register of titles, or
other book kept in the registrar’s office, or of any erasure or
alteration in any entry in any such book, or in any instrument
authorized by this chapter, or knowingly defrauds or is privy
to defrauding any person by means of a false or fraudulent
instrument, certificate, statement, or affidavit affecting registered land, shall be guilty of a class C felony, and upon conviction, shall be fined in any sum not exceeding five thousand
dollars, or imprisoned in a state correctional facility for not
more than five years, or both such fine and imprisonment, in
the discretion of the court. [2003 c 53 § 293; 1907 c 250 § 91;
RRS § 10720.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
65.12.760
65.12.760 Forgery—Penalty. Whoever forges or procures to be forged, or assists in forging, the seal of the registrar, or the name, signature, or handwriting of any officer of
the registry office, in case where such officer is expressly or
impliedly authorized to affix his or her signature; or forges or
procures to be forged, or assists in forging, the name, signa[Title 65 RCW—page 22]
65.12.780
65.12.780 Fees of clerk. On the filing of any application for registration, the applicant shall pay to the clerk of the
court filing fees as set in RCW 36.18.016. When any number
of defendants enter their appearance at the same time, before
default, but one fee shall be paid. Every publication in a
newspaper required by this chapter shall be paid for by the
party on whose application the order of publication is made,
in addition to the fees above prescribed. The party at whose
request any notice is issued, shall pay for the service of the
same, except when sent by mail by the clerk of court, or the
registrar of titles. [1995 c 292 § 19; 1907 c 250 § 94; RRS §
10723.]
65.12.790
65.12.790 Fees of registrar. The fees to be paid to the
registrar of titles shall be as follows:
(1) At or before the time of filing of the certified copy of
the application with the registrar, the applicant shall pay, to
the registrar, on all land having an assessed value, exclusive
of improvements, of one thousand dollars or less, thirty-one
and one-quarter cents on each one thousand dollars, or major
fraction thereof, of the assessed value of said land, additional.
(2) For granting certificates of title, upon each applicant,
and registering the same, two dollars.
(3) For registering each transfer, including the filing of
all instruments connected therewith, and the issuance and
registration of the instruments connected therewith, and the
issuance and registration of the new certificate of title, ten
dollars.
(4) When the land transferred is held upon any trust, condition, or limitation, an additional fee of three dollars.
(5) For entry of each memorial on the register, including
the filing of all instruments and papers connected therewith,
and endorsements upon duplicate certificates, three dollars.
(6) For issuing each additional owner’s duplicate certificate, mortgagee’s duplicate certificate, or lessee’s duplicate
certificate, three dollars.
(7) For filing copy of will, with letters testamentary, or
filing copy of letters of administration, and entering memorial thereof, two dollars and fifty cents.
(2006 Ed.)
Legal Publications
(8) For the cancellation of each memorial, or charge, one
dollar.
(9) For each certificate showing the condition of the register, one dollar.
(10) For any certified copy of any instrument or writing
on file in his office, the same fees now allowed by law to
county clerks and county auditors for like service.
(11) For any other service required, or necessary to carry
out this chapter, and not hereinbefore itemized, such fee or
fees as the court shall determine and establish.
(12) For registration of each mortgage and issuance of
duplicate of title a fee of five dollars; for each deed of trust
and issuance of duplicate of title a fee of eight dollars. [1973
1st ex.s. c 195 § 76; 1973 c 121 § 2; 1907 c 250 § 95; RRS §
10724.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
65.12.800
65.12.800 Disposition of fees. One-half of all fees provided for in RCW 65.12.790(1), shall be collected by the registrar, and paid to the county treasurer of the county in which
the fees are paid, to be used for the current expenses of the
county; and all the remaining fees provided for in said section, and all the subdivisions thereof, shall be collected by the
registrar, and applied the same as the other fees of his office;
but his salary as county clerk or county auditor, as now provided by law, shall not be increased on account of the additional duties, or by reason of the allowance of additional fees
provided for herein; and the said registrar, as such, shall
receive no salary. [1907 c 250 § 96; RRS § 10725.]
Chapter 65.16
Chapter 65.16 RCW
LEGAL PUBLICATIONS
Sections
65.16.010
65.16.020
65.16.030
65.16.040
65.16.050
65.16.060
65.16.070
65.16.080
65.16.091
65.16.095
65.16.100
65.16.110
65.16.120
65.16.130
65.16.140
65.16.150
65.16.160
Weekly publication—How made.
Qualifications of legal newspaper.
Affidavit of publication—Presumption.
Legal publications to be approved—Order of approval.
Revocation of approval—Notice.
Choice of newspapers.
List posted in clerk’s office.
Scope of provisions.
Rates for legal notices.
Rates for political candidates.
Omissions for Sundays and holidays.
Affidavit to cover payment of fees.
Payment of fees in advance, on demand.
Publication of official notices by radio or television—Restrictions.
Broadcaster to retain copy or transcription.
Proof of publication by radio or television.
Publication of ordinances.
Civil procedure, legal publication generally: Chapter 4.28 RCW.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Powers of appointment: Chapter 11.95 RCW.
65.16.050
65.16.020
65.16.020 Qualifications of legal newspaper. The
qualifications of a legal newspaper are that such newspaper
shall have been published regularly, at least once a week, in
the English language, as a newspaper of general circulation,
in the city or town where the same is published at the time of
application for approval, for at least six months prior to the
date of such application; shall be compiled either in whole or
in part in an office maintained at the place of publication;
shall contain news of general interest as contrasted with news
of interest primarily to an organization, group or class; shall
have a policy to print all statutorily required legal notices;
and shall hold a periodical class mailing permit: PROVIDED, That in case of the consolidation of two or more
newspapers, such consolidated newspaper shall be considered as qualified if either or any of the papers so consolidated
would be a qualified newspaper at the date of such legal publication, had not such consolidation taken place: PROVIDED, That this section shall not disqualify as a legal newspaper any publication which, prior to June 8, 1961, was
adjudged a legal newspaper, so long as it continues to meet
the requirements under which it qualified. [2001 c 283 § 1;
1961 c 279 § 1; 1941 c 213 § 3; 1921 c 99 § 1; Rem. Supp.
1941 § 253-1. Prior: 1917 c 61 § 1.]
65.16.030
65.16.030 Affidavit of publication—Presumption.
All legal and other official notices shall be published in a
legal newspaper as herein defined, and the affidavit of publication shall state that the newspaper has been approved as a
legal newspaper by order of the superior court of the county
in which it is published, and shall be prima facie evidence of
that fact. Wherever a legal notice, publication, advertisement
or other official notice is required to be published by any statute or law of the state of Washington, the proof of such publication shall be the affidavit of the printer, publisher, foreman, principal clerk or business manager of the newspaper
which published said notice. [1953 c 233 § 1; 1941 c 213 §
4; 1921 c 99 § 2; Rem. Supp. 1941 § 253-2.]
65.16.040
65.16.040 Legal publications to be approved—Order
of approval. Sixty days from and after the date *this act
becomes effective, a legal newspaper for the publication of
any advertisement, notice, summons, report, proceeding, or
other official document now or hereafter required by law to
be published, shall be a newspaper which has been approved
as a legal newspaper by order of the superior court of the
county in which such newspaper is published. Such order
may be entered without notice upon presentation of a petition
by or on behalf of the publisher, setting forth the qualifications of the newspaper as required by *this act, and upon evidence satisfactory to the court that such newspaper is so qualified. [1941 c 213 § 1; Rem. Supp. 1941 § 253a.]
*Reviser’s note: (1) The language "this act" appears in 1941 c 213 codified as RCW 65.16.020 through 65.16.080.
(2) The effective date of this act is midnight June 11, 1941; see preface
1941 session laws.
65.16.010
65.16.010 Weekly publication—How made. The publication of legal notices required by law, or by an order of a
judge or court, to be published in a newspaper once in each
week for a specified number of weeks, shall be made on the
day of each week in which such newspaper is published.
[1893 c 127 § 27; RRS § 253.]
(2006 Ed.)
65.16.050
65.16.050 Revocation of approval—Notice. An order
of approval of a newspaper shall remain effective from the
time of the entry thereof until the approval be terminated by a
subsequent order of the court, which may be done whenever
it shall be brought to the attention of the court that the news[Title 65 RCW—page 23]
65.16.060
Title 65 RCW: Recording, Registration, and Legal Publication
paper is no longer qualified as a legal newspaper, and after
notice of hearing issued by the clerk and served upon the publisher, at least ten days prior to the date of hearing, by delivering a copy of such notice to the person in charge of the business office of the publisher, or if the publisher has no business office at the time of service, by mailing a copy of such
notice addressed to the publisher at the place of publication
alleged in the petition for approval. [1941 c 213 § 2; Rem.
Supp. 1941 § 253b.]
65.16.060
65.16.060 Choice of newspapers. Any summons, citation, notice of sheriff’s sale, or legal advertisement of any
description, the publication of which is now or may be hereafter required by law, may be published in any daily or
weekly legal newspaper published in the county where the
action, suit or other proceeding is pending, or is to be commenced or had, or in which such notice, summons, citation,
or other legal advertisement is required to be given: PROVIDED, HOWEVER, That if there be more than one legal
newspaper in which any such legal notice, summons, citation
or legal advertisement might lawfully be published, then the
plaintiff or moving party in the action, suit or proceeding
shall have the exclusive right to designate in which of such
qualified newspapers such legal notice, summons, citation,
notice of sheriff’s sale or other legal advertisement shall be
published. [1941 c 213 § 6; 1921 c 99 § 5; Rem. Supp. 1941
§ 253-5.]
Severability—1955 c 186: "If any section of this act shall be found
unconstitutional it shall not invalidate the remaining section." [1955 c 186 §
3.]
65.16.100 Omissions for Sundays and holidays.
Where any law or ordinance of any incorporated city or town
in this state provides for the publication of any form of notice
or advertisement for consecutive days in a daily newspaper,
the publication of such notice on legal holidays and Sundays
may be omitted without in any manner affecting the legality
of such notice or advertisement: PROVIDED, That the publication of the required number of notices is complied with.
[1921 c 99 § 6; RRS § 253-6.]
65.16.100
65.16.110 Affidavit to cover payment of fees. The
affidavit of publication of all notices required by law to be
published shall state the full amount of the fee charged for
such publication and that the fee has been paid in full. [1921
c 99 § 7; RRS § 253-7.]
65.16.110
65.16.120 Payment of fees in advance, on demand.
When, by law, any publication is required to be made by an
officer of any suit, process, notice, order or other papers, the
costs of such publication shall, if demanded, be tendered by
the party procuring such publication before such officer shall
be compelled to make publication thereof. [Code 1881 §
2092; 1869 p 373 § 14; RRS § 504.]
65.16.120
65.16.130 Publication of official notices by radio or
television—Restrictions. Any official of the state or any of
its political subdivisions who is required by law to publish
any notice required by law may supplement publication
thereof by radio or television broadcast or both when, in his
judgment, the public interest will be served thereby: PROVIDED, That the time, place and nature of such notice only
be read or shown with no reference to any person by name
then a candidate for political office, and that such broadcasts
shall be made only by duly employed personnel of the station
from which such broadcasts emanate, and that notices by
political subdivisions may be made only by stations situated
within the county of origin of the legal notice. [1961 c 85 §
1; 1951 c 119 § 1.]
65.16.130
65.16.070
65.16.070 List posted in clerk’s office. Publications
commenced in a legal newspaper, *when this act takes effect,
may be completed in that newspaper notwithstanding any
failure to obtain an order of approval under *this act, and notwithstanding an order of termination of approval prior to
completion of publication. The clerk of the superior court of
each county shall post and keep posted in a prominent place
in his office a list of the newspapers published in that county
which are approved as legal newspapers. [1941 c 213 § 7;
RRS § 253-5a.]
*Reviser’s note: "this act," "when this act takes effect," see note following RCW 65.16.040.
65.16.080
65.16.080 Scope of provisions. The provisions of *this
act shall not apply in counties where no newspaper has been
published for a period of one year prior to the publication of
such legal or other official notices. [1941 c 213 § 5; 1921 c
99 § 3; Rem. Supp. 1941 § 253-3.]
*Reviser’s note: "this act," see note following RCW 65.16.040.
65.16.091
65.16.091 Rates for legal notices. The rate charged by
a newspaper for legal notices shall not exceed the national
advertising rate extended by the newspaper to all general
advertisers and advertising agencies in its published rate card.
[1977 c 34 § 3.]
65.16.140 Broadcaster to retain copy or transcription. Each radio or television station broadcasting any legal
notice or notice of event shall for a period of six months subsequent to such broadcast retain at its office a copy or transcription of the text of the notice as actually broadcast which
shall be available for public inspection. [1961 c 85 § 2; 1951
c 119 § 2.]
65.16.140
65.16.150 Proof of publication by radio or television.
Proof of publication of legal notice or notice of event by radio
or television broadcast shall be by affidavit of the manager,
an assistant manager or a program director of the station
broadcasting the same. [1961 c 85 § 3; 1951 c 119 § 3.]
65.16.150
65.16.095
65.16.095 Rates for political candidates. The rate
charged by a newspaper for advertising in relation to candidates for political office shall not exceed the national advertising rate extended to all general advertisers and advertising
agencies in its published rate card. [1955 c 186 § 2.]
[Title 65 RCW—page 24]
65.16.160 Publication of ordinances. (1) Whenever
any county is required by law to publish legal notices containing the full text of any proposed or adopted ordinance in
a newspaper, the county may publish a summary of the ordi65.16.160
(2006 Ed.)
Classification of Manufactured Homes
nance which summary shall be approved by the governing
body and which shall include:
(a) The name of the county;
(b) The formal identification or citation number of the
ordinance;
(c) A descriptive title;
(d) A section-by-section summary;
(e) Any other information which the county finds is necessary to provide a complete summary; and
(f) A statement that the full text will be mailed upon
request.
Publication of the title of an ordinance by a county
authorizing the issuance of bonds, notes, or other evidences
of indebtedness shall constitute publication of a complete
summary of that ordinance, and a section-by-section summary shall not be required.
(2) Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains provisions regarding
taxation or penalties or contains legal descriptions of real
property, then the sections containing this matter shall be
published in full and shall not be summarized. When a legal
description of real property is involved, the notice shall also
include the street address or addresses of the property
described, if any. In the case of descriptions covering more
than one street address, the street addresses of the four corners of the area described shall meet this requirement.
(3) The full text of any ordinance which is summarized
by publication under this section shall be mailed without
charge to any person who requests the text from the adopting
county. [1995 c 157 § 1; 1994 c 273 § 19; 1977 c 34 § 4.]
Chapter 65.20 RCW
CLASSIFICATION OF MANUFACTURED HOMES
Chapter 65.20
Sections
65.20.010
65.20.020
65.20.030
65.20.040
65.20.050
65.20.060
65.20.070
65.20.080
65.20.090
65.20.100
65.20.110
65.20.120
65.20.130
65.20.900
65.20.910
65.20.920
65.20.930
65.20.940
65.20.950
Purpose.
Definitions.
Clarification of type of property and perfection of security
interests.
Elimination of title—Application.
Elimination of title—Approval.
Eliminating title—Lenders and conveyances.
Eliminating title—Removing manufactured home when title
has been eliminated.
Eliminating title—Uniform forms.
Eliminating title—Fees.
Eliminating title—General supervision.
Eliminating title—Rules.
Eliminating title—Notice.
General penalties.
Prospective effect.
Effect on taxation.
Captions not law.
Short title.
Severability—1989 c 343.
Effective date—1989 c 343.
Certificates of ownership and registration: Chapter 46.12 RCW.
65.20.010 Purpose. The legislature recognizes that
confusion exists regarding the classification of manufactured
homes as personal or real property. This confusion is
increased because manufactured homes are treated as vehicles in some parts of state statutes, however these homes are
often used as residences to house persons residing in the state
of Washington. This results in a variety of problems, includ65.20.010
(2006 Ed.)
65.20.020
ing: (1) Creating confusion as to the creation, perfection, and
priority of security interests in manufactured homes; (2) making it more difficult and expensive to obtain financing and
title insurance; (3) making it more difficult to utilize manufactured homes as an affordable housing option; and (4)
increasing the risk of problems for and losses to the consumer. Therefore the purpose of this chapter is to clarify the
type of property manufactured homes are, particularly relating to security interests, and to provide a statutory process to
make the manufactured home real property by eliminating
the title to a manufactured home when the home is affixed to
land owned by the homeowner. [1989 c 343 § 1.]
65.20.020
65.20.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Affixed" means that the manufactured home is
installed in accordance with the installation standards in state
law.
(2) "Department" means the department of licensing.
(3) "Eliminating the title" means to cancel an existing
title issued by this state or a foreign jurisdiction or to waive
the certificate of ownership required by chapter 46.12 RCW
and recording the appropriate documents in the county real
property records pursuant to this chapter.
(4) "Homeowner" means the owner of a manufactured
home.
(5) "Land" means real property excluding the manufactured home.
(6) "Manufactured home" or "mobile home" means a
structure, designed and constructed to be transportable in one
or more sections and is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities that
include plumbing, heating, and electrical systems contained
therein. The structure must comply with the national mobile
home construction and safety standards act of 1974 as
adopted by chapter 43.22 RCW if applicable. "Manufactured
home" does not include a modular home. A structure which
met the definition of a "manufactured home" at the time of
manufacture is still considered to meet this definition notwithstanding that it is no longer transportable.
(7) "Owner" means, when referring to a manufactured
home that is titled, the person who is the registered owner.
When referring to a mobile home that is untitled pursuant to
this chapter, the owner is the person who owns the land.
When referring to land, the person may have fee simple title,
have a leasehold estate of thirty-five years or more, or be purchasing the property on a real estate contract. Owners include
joint tenants, tenants in common, holders of legal life estates,
and holders of remainder interests.
(8) "Person" means any individual, trustee, partnership,
corporation, or other legal entity. "Person" may refer to more
than one individual or entity.
(9) "Secured party" means the legal owner when referring to a titled mobile home, or the lender securing a loan
through a mortgage, deed of trust, or real estate contract when
referring to land or land containing an untitled manufactured
home pursuant to this chapter.
[Title 65 RCW—page 25]
65.20.030
Title 65 RCW: Recording, Registration, and Legal Publication
(10) "Security interest" means an interest in property to
secure payment of a loan made by a secured party to a borrower.
(11) "Title" or "titled" means a certificate of ownership
issued pursuant to chapter 46.12 RCW. [1989 c 343 § 2.]
65.20.030
65.20.030 Clarification of type of property and perfection of security interests. When a manufactured home is
sold or transferred on or after March 1, 1990, and when all
ownership in the manufactured home is transferred through
the sale or other transfer of the manufactured home to new
owners, the manufactured home shall be real property when
the new owners eliminate the title pursuant to this chapter.
The manufactured home shall not be real property in any
form, including fixture law, unless the title is eliminated
under this chapter. Where any person who owned a used
manufactured home on March 1, 1990, continues to own the
manufactured home on or after March 1, 1990, the interests
and rights of owners, secured parties, lienholders, and others
in the manufactured home shall be based on the law prior to
March 1, 1990, except where the owner voluntarily eliminates the title to the manufactured home by complying with
this chapter. If the title to the manufactured home is eliminated under this chapter, the manufactured home shall be
treated the same as a site-built structure and ownership shall
be based on ownership of the real property through real property law. If the title to the manufactured home has not been
eliminated under this chapter, ownership shall be based on
chapter 46.12 RCW.
For purposes of perfecting and realizing upon security
interests, manufactured homes shall always be treated as follows: (1) If the title has not been eliminated under this chapter, security interests in the manufactured home shall be perfected only under chapter 62A.9A RCW in the case of a manufactured home held as inventory by a manufacturer or dealer
or chapter 46.12 RCW in all other cases, and the lien shall be
treated as securing personal property for purposes of realizing upon the security interest; or (2) if the title has been eliminated under this chapter, a separate security interest in the
manufactured home shall not exist, and the manufactured
home shall only be secured as part of the real property
through a mortgage, deed of trust, or real estate contract.
[2000 c 250 § 9A-836; 1989 c 343 § 3.]
Effective date—2000 c 250: See RCW 62A.9A-701.
65.20.040
65.20.040 Elimination of title—Application. If a
manufactured home is affixed to land that is owned by the
homeowner, the homeowner may apply to the department to
have the title to the manufactured home eliminated. The
application package shall consist of the following:
(1) An affidavit, in the form prescribed by the department, signed by all the owners of the manufactured home and
containing:
(a) The date;
(b) The names of all of the owners of record of the manufactured home;
(c) The legal description of the real property;
(d) A description of the manufactured home including
model year, make, width, length, and vehicle identification
number;
[Title 65 RCW—page 26]
(e) The names of all secured parties in the manufactured
home; and
(f) A statement that the owner of the manufactured home
owns the real property to which it is affixed;
(2) Certificate of ownership for the manufactured home,
or the manufacturer’s statement of origin in the case of a new
manufactured home. Where title is held by the secured party
as legal owner, the consent of the secured party must be indicated by the legal owner releasing his or her security interest;
(3) A certification by the local government indicating
that the manufactured home is affixed to the land;
(4) Payment of all licensing fees, excise tax, use tax, real
estate tax, recording fees, and proof of payment of all property taxes then due; and
(5) Any other information the department may require.
[1989 c 343 § 4.]
65.20.050
65.20.050 Elimination of title—Approval. The
department shall approve the application for elimination of
the title when all requirements listed in RCW 65.20.040 have
been satisfied and the registered and legal owners of the manufactured home have consented to the elimination of the title.
After approval, the department shall have the approved application recorded in the county or counties in which the land is
located and on which the manufactured home is affixed.
The county auditor shall record the approved application, and any other form prescribed by the department, in the
county real property records. The manufactured home shall
then be treated as real property as if it were a site-built structure. Removal of the manufactured home from the land is
prohibited unless the procedures set forth in RCW 65.20.070
are complied with.
The department shall cancel the title after verification
that the county auditor has recorded the appropriate documents, and the department shall maintain a record of each
manufactured home title eliminated under this chapter by
vehicle identification number. The title is deemed eliminated
on the date the appropriate documents are recorded by the
county auditor. [1989 c 343 § 5.]
65.20.060
65.20.060 Eliminating title—Lenders and conveyances. It is the responsibility of the owner, secured parties,
and others to take action as necessary to protect their respective interests in conjunction with the elimination of the title or
reissuance of a previously eliminated title.
A manufactured home whose title has been eliminated
shall be conveyed by deed or real estate contract and shall
only be transferred together with the property to which it is
affixed, unless procedures described in RCW 65.20.070 are
completed.
Nothing in this chapter shall be construed to require a
lender to consent to the elimination of the title of a manufactured home, or to retitling a manufactured home under RCW
65.20.070. The obligation of the lender to consent is governed solely by the agreement between the lender and the
owner of the manufactured home. Absent any express written
contractual obligation, a lender may withhold consent in the
lender’s sole discretion. In addition, the homeowner shall
comply with all reasonable requirements imposed by a lender
(2006 Ed.)
Classification of Manufactured Homes
for obtaining consent, and a lender may charge a reasonable
fee for processing a request for consent. [1989 c 343 § 6.]
65.20.070
65.20.070 Eliminating title—Removing manufactured home when title has been eliminated. Before physical removal of an untitled manufactured home from the land
the home is affixed to, the owner shall follow one of these
two procedures:
(1) Where a title is to be issued or the home has been
destroyed:
(a) The owner shall apply to the department for a title
pursuant to chapter 46.12 RCW. In addition the owner shall
provide:
(i) An affidavit in the form prescribed by the department,
signed by the owners of the land and all secured parties and
other lienholders in the land consenting to the removal of the
home;
(ii) Payment of recording fees;
(iii) A certification from a title insurance company listing the owners and lienholders in the land and dated within
ten days of the date of application for a new title under this
subsection; and
(iv) Any other information the department may require;
(b) The owner shall apply for and obtain permits necessary to move a manufactured home including but not limited
to the permit required by RCW 46.44.170, and comply with
other regulations regarding moving a manufactured home;
and
(c) The department shall approve the application for title
when the requirements of chapter 46.12 RCW and this subsection have been satisfied. Upon approval the department
shall have the approved application and the affidavit recorded
in the county or counties in which the land from which the
home is being removed is located and the department shall
issue a title. The title is deemed effective on the date the
appropriate documents are recorded with the county auditor.
(2) Where the manufactured home is to be moved to a
new location but again will be affixed to land owned by the
homeowner a new title need not be issued, but the following
procedures must be complied with:
(a) The owner shall apply to the department for a transfer
in location of the manufactured home and if a new owner, a
transfer in ownership by filing an application pursuant to
RCW 65.20.040. In addition the owner shall include:
(i) An affidavit in the form prescribed by the department
signed by all of the owners of the real property from which
the manufactured home is being moved indicating their consent. The affidavit shall include the consent of all secured
parties and other lienholders in the land from which the manufactured home is being moved;
(ii) A legal description and property tax parcel number of
the real property from which the home is being removed and
a legal description and property tax parcel number of the land
on which the home is being moved to; and
(iii) A certification from a title insurance company listing the owners and lienholders in the land and dated within
ten days of the application for transfer in location under this
subsection;
(b) The owner shall apply for and obtain permits necessary to move a manufactured home including but not limited
(2006 Ed.)
65.20.900
to RCW 46.44.170, and comply with other regulations
regarding moving a manufactured home; and
(c) After approval, including verification that the owners, secured parties, and other lienholders have consented to
the move, the department shall have the approved application
recorded in the county or counties in which the land from
which the home is being removed and the land to which the
home is being moved is located. [1989 c 343 § 7.]
65.20.080
65.20.080 Eliminating title—Uniform forms. The
department may prepare standard affidavits, lienholder’s
consents, and other forms to be used pursuant to this chapter.
[1989 c 343 § 8.]
65.20.090
65.20.090 Eliminating title—Fees. The director may,
in addition to the title fees and other fees and taxes required
under chapter 46.12 RCW establish by rule a reasonable fee
to cover the cost of processing documents and performing
services by the department required under this chapter.
Fees collected by the department for services provided
by the department under this chapter shall be forwarded to the
state treasurer. The state treasurer shall credit such moneys to
the motor vehicle fund and all department expenses incurred
in carrying out the provisions of this chapter shall be paid
from such fund as authorized by legislative appropriation.
[1989 c 343 § 9.]
65.20.100
65.20.100 Eliminating title—General supervision.
The department shall have the general supervision and control of the elimination of titles and shall have full power to do
all things necessary and proper to carry out the provisions of
this chapter. The director shall have the power to appoint the
county auditors as the agents of the department. [1989 c 343
§ 11.]
65.20.110
65.20.110 Eliminating title—Rules. The department
may make any reasonable rules relating to the enforcement
and proper operation of this chapter. [1989 c 343 § 12.]
65.20.120
65.20.120 Eliminating title—Notice. County auditors
shall notify county assessors regarding elimination of titles to
manufactured homes, the retitling of manufactured homes,
and the movement of manufactured homes under RCW
65.20.070. [1989 c 343 § 13.]
65.20.130
65.20.130 General penalties. Every person who falsifies or intentionally omits material information required in an
affidavit, or otherwise intentionally violates a material provision of this chapter, is guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021. [1989 c 343 § 10.]
65.20.900
65.20.900 Prospective effect. This chapter applies prospectively only. RCW 65.20.030 applies to all security interests perfected on or after March 1, 1990. This chapter applies
to the sale or transfer of manufactured homes on or after
March 1, 1990, where all of the existing ownership rights and
interests in the manufactured home are terminated in favor of
new and different owners, or where persons who own a manufactured home on or after March 1, 1990, voluntarily elect to
[Title 65 RCW—page 27]
65.20.910
Title 65 RCW: Recording, Registration, and Legal Publication
eliminate the title to the manufactured home under this chapter. [1989 c 343 § 14.]
65.20.910 Effect on taxation. Nothing in this chapter
shall be construed to affect the taxation of manufactured
homes. [1989 c 343 § 15.]
65.20.910
65.20.920 Captions not law. Section headings as used
in this chapter do not constitute any part of the law. [1989 c
343 § 16.]
65.20.920
65.20.930 Short title. This chapter may be known and
cited as the manufactured home real property act. [1989 c
343 § 17.]
65.20.930
65.20.940 Severability—1989 c 343. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 343 § 26.]
65.20.940
65.20.950 Effective date—1989 c 343. This act shall
take effect on March 1, 1990. [1989 c 343 § 27.]
65.20.950
[Title 65 RCW—page 28]
(2006 Ed.)
Title 66
Title 66
ALCOHOLIC BEVERAGE CONTROL
Chapters
66.04 Definitions.
66.08 Liquor control board—General provisions.
66.12 Exemptions.
66.16 State liquor stores.
66.20 Liquor permits.
66.24 Licenses—Stamp taxes.
66.28 Miscellaneous regulatory provisions.
66.32 Search and seizure.
66.36 Abatement proceedings.
66.40 Local option.
66.44 Enforcement—Penalties.
66.98 Construction.
Alcoholism, intoxication, and drug addiction
private establishments: Chapter 71.12 RCW.
treatment: Chapter 70.96A RCW.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
Wine grape industry, instruction relating to—Purpose—Administration:
RCW 28B.30.067 and 28B.30.068.
Chapter 66.04
Chapter 66.04 RCW
DEFINITIONS
Sections
66.04.010
66.04.011
66.04.010
Definitions.
"Public place" not to include certain parks and picnic areas.
66.04.010 Definitions. In this title, unless the context
otherwise requires:
(1) "Alcohol" is that substance known as ethyl alcohol,
hydrated oxide of ethyl, or spirit of wine, which is commonly
produced by the fermentation or distillation of grain, starch,
molasses, or sugar, or other substances including all dilutions
and mixtures of this substance. The term "alcohol" does not
include alcohol in the possession of a manufacturer or distiller of alcohol fuel, as described in RCW 66.12.130, which
is intended to be denatured and used as a fuel for use in motor
vehicles, farm implements, and machines or implements of
husbandry.
(2) "Authorized representative" means a person who:
(a) Is required to have a federal basic permit issued pursuant to the federal alcohol administration act, 27 U.S.C. Sec.
204;
(b) Has its business located in the United States outside
of the state of Washington;
(c) Acquires ownership of beer or wine for transportation
into and resale in the state of Washington; and which beer or
wine is produced anywhere outside Washington by a brewery
or winery which does not hold a certificate of approval issued
by the board; and
(2006 Ed.)
(d) Is appointed by the brewery or winery referenced in
(c) of this subsection as its exclusive authorized representative for marketing and selling its products within the United
States in accordance with a written agreement between the
authorized representative and such brewery or winery pursuant to this title. The board may waive the requirement for the
written agreement of exclusivity in situations consistent with
the normal marketing practices of certain products, such as
classified growths.
(3) "Beer" means any malt beverage, flavored malt beverage, or malt liquor as these terms are defined in this chapter.
(4) "Beer distributor" means a person who buys beer
from a domestic brewery, microbrewery, beer certificate of
approval holder, or beer importers, or who acquires foreign
produced beer from a source outside of the United States, for
the purpose of selling the same pursuant to this title, or who
represents such brewer or brewery as agent.
(5) "Beer importer" means a person or business within
Washington who purchases beer from a beer certificate of
approval holder or who acquires foreign produced beer from
a source outside of the United States for the purpose of selling the same pursuant to this title.
(6) "Brewer" or "brewery" means any person engaged in
the business of manufacturing beer and malt liquor. Brewer
includes a brand owner of malt beverages who holds a
brewer’s notice with the federal bureau of alcohol, tobacco,
and firearms at a location outside the state and whose malt
beverage is contract-produced by a licensed in-state brewery,
and who may exercise within the state, under a domestic
brewery license, only the privileges of storing, selling to
licensed beer distributors, and exporting beer from the state.
(7) "Board" means the liquor control board, constituted
under this title.
(8) "Club" means an organization of persons, incorporated or unincorporated, operated solely for fraternal, benevolent, educational, athletic or social purposes, and not for
pecuniary gain.
(9) "Consume" includes the putting of liquor to any use,
whether by drinking or otherwise.
(10) "Contract liquor store" means a business that sells
liquor on behalf of the board through a contract with a contract liquor store manager.
(11) "Dentist" means a practitioner of dentistry duly and
regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.32 RCW.
(12) "Distiller" means a person engaged in the business
of distilling spirits.
(13) "Domestic brewery" means a place where beer and
malt liquor are manufactured or produced by a brewer within
the state.
(14) "Domestic winery" means a place where wines are
manufactured or produced within the state of Washington.
[Title 66 RCW—page 1]
66.04.010
Title 66 RCW: Alcoholic Beverage Control
(15) "Druggist" means any person who holds a valid certificate and is a registered pharmacist and is duly and regularly engaged in carrying on the business of pharmaceutical
chemistry pursuant to chapter 18.64 RCW.
(16) "Drug store" means a place whose principal business is, the sale of drugs, medicines and pharmaceutical preparations and maintains a regular prescription department and
employs a registered pharmacist during all hours the drug
store is open.
(17) "Employee" means any person employed by the
board.
(18) "Flavored malt beverage" means:
(a) A malt beverage containing six percent or less alcohol by volume to which flavoring or other added nonbeverage ingredients are added that contain distilled spirits of not
more than forty-nine percent of the beverage’s overall alcohol content; or
(b) A malt beverage containing more than six percent
alcohol by volume to which flavoring or other added nonbeverage ingredients are added that contain distilled spirits of not
more than one and one-half percent of the beverage’s overall
alcohol content.
(19) "Fund" means ’liquor revolving fund.’
(20) "Hotel" means every building or other structure
kept, used, maintained, advertised or held out to the public to
be a place where food is served and sleeping accommodations are offered for pay to transient guests, in which twenty
or more rooms are used for the sleeping accommodation of
such transient guests and having one or more dining rooms
where meals are served to such transient guests, such sleeping accommodations and dining rooms being conducted in
the same building and buildings, in connection therewith, and
such structure or structures being provided, in the judgment
of the board, with adequate and sanitary kitchen and dining
room equipment and capacity, for preparing, cooking and
serving suitable food for its guests: PROVIDED FURTHER,
That in cities and towns of less than five thousand population,
the board shall have authority to waive the provisions requiring twenty or more rooms.
(21) "Importer" means a person who buys distilled spirits
from a distillery outside the state of Washington and imports
such spirituous liquor into the state for sale to the board or for
export.
(22) "Imprisonment" means confinement in the county
jail.
(23) "Liquor" includes the four varieties of liquor herein
defined (alcohol, spirits, wine and beer), and all fermented,
spirituous, vinous, or malt liquor, or combinations thereof,
and mixed liquor, a part of which is fermented, spirituous,
vinous or malt liquor, or otherwise intoxicating; and every
liquid or solid or semisolid or other substance, patented or
not, containing alcohol, spirits, wine or beer, and all drinks or
drinkable liquids and all preparations or mixtures capable of
human consumption, and any liquid, semisolid, solid, or
other substance, which contains more than one percent of
alcohol by weight shall be conclusively deemed to be intoxicating. Liquor does not include confections or food products
that contain one percent or less of alcohol by weight.
(24) "Manufacturer" means a person engaged in the
preparation of liquor for sale, in any form whatsoever.
[Title 66 RCW—page 2]
(25) "Malt beverage" or "malt liquor" means any beverage such as beer, ale, lager beer, stout, and porter obtained by
the alcoholic fermentation of an infusion or decoction of pure
hops, or pure extract of hops and pure barley malt or other
wholesome grain or cereal in pure water containing not more
than eight percent of alcohol by weight, and not less than onehalf of one percent of alcohol by volume. For the purposes of
this title, any such beverage containing more than eight percent of alcohol by weight shall be referred to as "strong beer."
(26) "Package" means any container or receptacle used
for holding liquor.
(27) "Passenger vessel" means any boat, ship, vessel,
barge, or other floating craft of any kind carrying passengers
for compensation.
(28) "Permit" means a permit for the purchase of liquor
under this title.
(29) "Person" means an individual, copartnership, association, or corporation.
(30) "Physician" means a medical practitioner duly and
regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.71 RCW.
(31) "Prescription" means a memorandum signed by a
physician and given by him to a patient for the obtaining of
liquor pursuant to this title for medicinal purposes.
(32) "Public place" includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those
parts of establishments where beer may be sold under this
title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and filling stations which are
open to and are generally used by the public and to which the
public is permitted to have unrestricted access; railroad
trains, stages, and other public conveyances of all kinds and
character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access
by the public; publicly owned bathing beaches, parks, and/or
playgrounds; and all other places of like or similar nature to
which the general public has unrestricted right of access, and
which are generally used by the public.
(33) "Regulations" means regulations made by the board
under the powers conferred by this title.
(34) "Restaurant" means any establishment provided
with special space and accommodations where, in consideration of payment, food, without lodgings, is habitually furnished to the public, not including drug stores and soda fountains.
(35) "Sale" and "sell" include exchange, barter, and traffic; and also include the selling or supplying or distributing,
by any means whatsoever, of liquor, or of any liquid known
or described as beer or by any name whatever commonly
used to describe malt or brewed liquor or of wine, by any person to any person; and also include a sale or selling within the
state to a foreign consignee or his agent in the state. "Sale"
and "sell" shall not include the giving, at no charge, of a reasonable amount of liquor by a person not licensed by the
board to a person not licensed by the board, for personal use
only. "Sale" and "sell" also does not include a raffle authorized under RCW 9.46.0315: PROVIDED, That the non(2006 Ed.)
Liquor Control Board—General Provisions
profit organization conducting the raffle has obtained the
appropriate permit from the board.
(36) "Soda fountain" means a place especially equipped
with apparatus for the purpose of dispensing soft drinks,
whether mixed or otherwise.
(37) "Spirits" means any beverage which contains alcohol obtained by distillation, except flavored malt beverages,
but including wines exceeding twenty-four percent of alcohol
by volume.
(38) "Store" means a state liquor store established under
this title.
(39) "Tavern" means any establishment with special
space and accommodation for sale by the glass and for consumption on the premises, of beer, as herein defined.
(40) "Winery" means a business conducted by any person for the manufacture of wine for sale, other than a domestic winery.
(41)(a) "Wine" means any alcoholic beverage obtained
by fermentation of fruits (grapes, berries, apples, et cetera) or
other agricultural product containing sugar, to which any saccharine substances may have been added before, during or
after fermentation, and containing not more than twenty-four
percent of alcohol by volume, including sweet wines fortified
with wine spirits, such as port, sherry, muscatel and angelica,
not exceeding twenty-four percent of alcohol by volume and
not less than one-half of one percent of alcohol by volume.
For purposes of this title, any beverage containing no more
than fourteen percent of alcohol by volume when bottled or
packaged by the manufacturer shall be referred to as "table
wine," and any beverage containing alcohol in an amount
more than fourteen percent by volume when bottled or packaged by the manufacturer shall be referred to as "fortified
wine." However, "fortified wine" shall not include: (i)
Wines that are both sealed or capped by cork closure and
aged two years or more; and (ii) wines that contain more than
fourteen percent alcohol by volume solely as a result of the
natural fermentation process and that have not been produced
with the addition of wine spirits, brandy, or alcohol.
(b) This subsection shall not be interpreted to require that
any wine be labeled with the designation "table wine" or "fortified wine."
(42) "Wine distributor" means a person who buys wine
from a domestic winery, wine certificate of approval holder,
or wine importer, or who acquires foreign produced wine
from a source outside of the United States, for the purpose of
selling the same not in violation of this title, or who represents such vintner or winery as agent.
(43) "Wine importer" means a person or business within
Washington who purchases wine from a wine certificate of
approval holder or who acquires foreign produced wine from
a source outside of the United States for the purpose of selling the same pursuant to this title. [2006 c 225 § 1; 2006 c
101 § 1; 2005 c 151 § 1; 2004 c 160 § 1; 2000 c 142 § 1; 1997
c 321 § 37; 1991 c 192 § 1; 1987 c 386 § 3; 1984 c 78 § 5;
1982 c 39 § 1; 1981 1st ex.s. c 5 § 1; 1980 c 140 § 3; 1969
ex.s. c 21 § 13; 1935 c 158 § 1; 1933 ex.s. c 62 § 3; RRS §
7306-3. Formerly RCW 66.04.010 through 66.04.380.]
Reviser’s note: This section was amended by 2006 c 101 § 1 and by
2006 c 225 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
(2006 Ed.)
Chapter 66.08
Effective date—2004 c 160: "This act takes effect January 1, 2005."
[2004 c 160 § 20.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Finding and declaration—Severability—1984 c 78: See notes following RCW 66.12.160.
Severability—1982 c 39: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 39 § 3.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1969 ex.s. c 21: "The effective date of this 1969 amendatory act is July 1, 1969." [1969 ex.s. c 21 § 15.]
66.04.011
66.04.011 "Public place" not to include certain parks
and picnic areas. "Public place" as defined in this title shall
not include (a) any of those parks under the control of the
state parks and recreation commission, nor, (b) parks and picnic areas adjacent to and held by the same ownership as
licensed brewers and domestic wineries for the consumption
of beer and wine produced by the respective brewery or winery, as prescribed by regulation adopted by the board pursuant to chapter 34.05 RCW. [1977 ex.s. c 219 § 1; 1971 ex.s.
c 208 § 3.]
Chapter 66.08
Chapter 66.08 RCW
LIQUOR CONTROL BOARD—
GENERAL PROVISIONS
Sections
66.08.010
66.08.012
66.08.014
66.08.016
66.08.020
66.08.022
66.08.024
66.08.026
66.08.030
66.08.050
66.08.0501
66.08.055
66.08.060
66.08.070
66.08.075
66.08.080
66.08.090
66.08.095
66.08.100
66.08.120
66.08.130
66.08.140
66.08.150
66.08.160
66.08.165
66.08.166
66.08.167
Title liberally construed.
Creation of board—Chairman—Quorum—Salary.
Terms of members—Vacancies—Principal office—
Removal—Devotion of time to duties—Bond—Oath.
Employees of the board.
Liquor control board to administer.
Attorney general is general counsel of board—Duties—
Assistants.
Annual audit—State auditor’s duties—Additional audits—
Public records.
Appropriation and payment of administrative expenses from
liquor revolving fund—"Administrative expenses"
defined.
Regulations—Scope.
Powers of board in general.
Adoption of rules.
Oaths may be administered and affidavits, declarations
received.
Board cannot advertise liquor, exception—Advertising regulations.
Purchase of liquor by board—Consignment not prohibited—
Warranty or affirmation not required for wine or malt purchases.
Officer, employee not to represent manufacturer, wholesaler
in sale to board.
Interest in manufacture or sale of liquor prohibited.
Sale of liquor by employees of board.
Liquor for training or investigation purposes.
Jurisdiction of action against board—Immunity from personal liability of members.
Preemption of field by state—Exception.
Inspection of books and records—Goods possessed or
shipped—Refusal as violation.
Inspection of books and records—Financial dealings—Penalty for refusal.
Board’s action as to permits and licenses—Administrative
procedure act, applicability—Adjudicative proceeding—
Opportunity for hearing—Summary suspension.
Acquisition of warehouse authorized.
Strategies to improve operational efficiency and revenue.
Sunday sales authorized—Store selection and other requirements.
Sunday sales—Store selection.
[Title 66 RCW—page 3]
66.08.010
66.08.170
66.08.180
66.08.190
66.08.195
66.08.196
66.08.198
66.08.200
66.08.210
66.08.220
66.08.230
66.08.235
66.08.240
Title 66 RCW: Alcoholic Beverage Control
Liquor revolving fund—Creation—Composition—State
treasurer as custodian—Daily deposits, exceptions—Budget and accounting act applicable.
Liquor revolving fund—Distribution—Reserve for administration—Disbursement to universities and state agencies.
Liquor revolving fund—Disbursement of excess funds to
state, counties, and cities—Withholding of funds for noncompliance.
Liquor revolving fund—Definition of terms relating to border areas.
Liquor revolving fund—Distribution of funds to border
areas.
Liquor revolving fund—Distribution of funds to border
areas—Guidelines adoption.
Liquor revolving fund—Computation for distribution to
counties—"Unincorporated area" defined.
Liquor revolving fund—Computation for distribution to cities.
Liquor revolving fund—Separate account—Distribution.
Initial disbursement to wine commission—Repayment.
Liquor control board construction and maintenance account.
Transfer of funds pursuant to government service agreement.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
66.08.010 Title liberally construed. This entire title
shall be deemed an exercise of the police power of the state,
for the protection of the welfare, health, peace, morals, and
safety of the people of the state, and all its provisions shall be
liberally construed for the accomplishment of that purpose.
[1933 ex.s. c 62 § 2; RRS § 7306-2.]
66.08.010
66.08.012 Creation of board—Chairman—Quorum—Salary. There shall be a board, known as the "Washington state liquor control board," consisting of three members, to be appointed by the governor, with the consent of the
senate, who shall each be paid an annual salary to be fixed by
the governor in accordance with the provisions of RCW
43.03.040. The governor may, in his discretion, appoint one
of the members as chairman of the board, and a majority of
the members shall constitute a quorum of the board. [1961 c
307 § 7; 1949 c 5 § 8; 1945 c 208 § 1; 1937 c 225 § 1; 1933
ex.s. c 62 § 63; Rem. Supp. 1949 § 7306-63. Formerly RCW
43.66.010.]
66.08.012
Severability—1945 c 5: See RCW 66.98.080.
66.08.014 Terms of members—Vacancies—Principal office—Removal—Devotion of time to duties—
Bond—Oath. (1) The members of the board to be appointed
after December 2, 1948 shall be appointed for terms beginning January 15, 1949, and expiring as follows: One member
of the board for a term of three years from January 15, 1949;
one member of the board for a term of six years from January
15, 1949; and one member of the board for a term of nine
years from January 15, 1949. Each of the members of the
board appointed hereunder shall hold office until his successor is appointed and qualified. After June 11, 1986, the term
that began on January 15, 1985, will end on January 15, 1989,
the term beginning on January 15, 1988, will end on January
15, 1993, and the term beginning on January 15, 1991, will
end on January 15, 1997. Thereafter, upon the expiration of
the term of any member appointed after June 11, 1986, each
succeeding member of the board shall be appointed and hold
office for the term of six years. In case of a vacancy, it shall
be filled by appointment by the governor for the unexpired
66.08.014
[Title 66 RCW—page 4]
portion of the term in which said vacancy occurs. No vacancy
in the membership of the board shall impair the right of the
remaining member or members to act, except as herein otherwise provided.
(2) The principal office of the board shall be at the state
capitol, and it may establish such other offices as it may deem
necessary.
(3) Any member of the board may be removed for inefficiency, malfeasance or misfeasance in office, upon specific
written charges filed by the governor, who shall transmit such
written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon
designate a tribunal composed of three judges of the superior
court to hear and adjudicate the charges. Such tribunal shall
fix the time of the hearing, which shall be public, and the procedure for the hearing, and the decision of such tribunal shall
be final and not subject to review by the supreme court.
Removal of any member of the board by the tribunal shall
disqualify such member for reappointment.
(4) Each member of the board shall devote his entire
time to the duties of his office and no member of the board
shall hold any other public office. Before entering upon the
duties of his office, each of said members of the board shall
enter into a surety bond executed by a surety company authorized to do business in this state, payable to the state of Washington, to be approved by the governor in the penal sum of
fifty thousand dollars conditioned upon the faithful performance of his duties, and shall take and subscribe to the oath
of office prescribed for elective state officers, which oath and
bond shall be filed with the secretary of state. The premium
for said bond shall be paid by the board. [1986 c 105 § 1;
1949 c 5 § 9; 1947 c 113 § 1; 1945 c 208 § 2; 1933 ex.s. c 62
§ 64; Rem. Supp. 1949 § 7306-64. Formerly RCW
43.66.020.]
Severability—1949 c 5: See RCW 66.98.080.
66.08.016
66.08.016 Employees of the board. The board may
employ such number of employees as in its judgment are
required from time to time. [1961 c 1 § 30 (Initiative Measure No. 207, approved November 8, 1960); 1947 c 113 § 2;
1933 ex.s. c 62 § 65; Rem. Supp. 1947 § 7306-65. Formerly
RCW 43.66.030.]
66.08.020
66.08.020 Liquor control board to administer. The
administration of this title, including the general control,
management and supervision of all liquor stores, shall be
vested in the liquor control board, constituted under this title.
[1933 ex.s. c 62 § 5; RRS § 7306-5.]
Prosecuting attorney to make annual report of liquor law prosecutions:
RCW 36.27.020.
66.08.022
66.08.022 Attorney general is general counsel of
board—Duties—Assistants. The attorney general shall be
the general counsel of the liquor control board and he shall
institute and prosecute all actions and proceedings which
may be necessary in the enforcement and carrying out of the
provisions of this chapter and Title 66 RCW.
He shall assign such assistants as may be necessary to
the exclusive duty of assisting the liquor control board in the
(2006 Ed.)
Liquor Control Board—General Provisions
enforcement of Title 66 RCW. [1961 ex.s. c 6 § 2; 1933 ex.s.
c 62 § 66; RRS § 7306-66. Formerly RCW 43.66.140.]
Effective date—Transfer of liquor revolving fund to state treasurer—Outstanding obligations—1961 ex.s. c 6: See notes following
RCW 66.08.170.
66.08.024
66.08.024 Annual audit—State auditor’s duties—
Additional audits—Public records. The state auditor shall
audit the books, records, and affairs of the board annually.
The board may provide for additional audits by certified public accountants. All such audits shall be public records of the
state. The payment of the audits provided for in this section
shall be paid as provided in RCW 66.08.026 for other administrative expenses. [1987 c 74 § 1; 1981 1st ex.s. c 5 § 2;
1961 ex.s. c 6 § 3; 1937 c 138 § 1; 1935 c 174 § 12; 1933 ex.s.
c 62 § 71; RRS § 7306-71. Formerly RCW 43.66.150.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—Transfer of liquor revolving fund to state treasurer—Outstanding obligations—1961 ex.s. c 6: See notes following
RCW 66.08.170.
66.08.026
66.08.026 Appropriation and payment of administrative expenses from liquor revolving fund—"Administrative expenses" defined. All administrative expenses of
the board incurred on and after April 1, 1963, shall be appropriated and paid from the liquor revolving fund. These
administrative expenses shall include, but not be limited to:
The salaries and expenses of the board and its employees, the
cost of establishing, leasing, maintaining, and operating state
liquor stores and warehouses, legal services, pilot projects,
annual or other audits, and other general costs of conducting
the business of the board, and the costs of supplying, installing, and maintaining equipment used in state liquor stores
and contract liquor stores for the purchase of liquor using
debit or credit cards. The administrative expenses shall not,
however, be deemed to include costs of liquor and lottery
tickets purchased, the cost of transportation and delivery to
the point of distribution, other costs pertaining to the acquisition and receipt of liquor and lottery tickets, packaging and
repackaging of liquor, agency commissions for contract
liquor stores, transaction fees associated with credit or debit
card purchases for liquor in state liquor stores and in contract
liquor stores pursuant to RCW 66.16.040 and 66.16.041,
sales tax, and those amounts distributed pursuant to RCW
66.08.180, 66.08.190, 66.08.200, 66.08.210 and 66.08.220.
Agency commissions for contract liquor stores shall be established by the liquor control board after consultation with and
approval by the director of the office of financial management. All expenditures and payment of obligations authorized by this section are subject to the allotment requirements
of chapter 43.88 RCW. [2005 c 151 § 2; 2004 c 63 § 1; 2001
c 313 § 1; 1998 c 265 § 2; 1997 c 148 § 1; 1996 c 291 § 3;
1983 c 160 § 2; 1963 c 239 § 1; 1961 ex.s. c 6 § 4. Formerly
RCW 43.66.161.]
Intent—1998 c 265: See note following RCW 66.16.041.
Severability—1963 c 239: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1963 c 239 § 2.]
(2006 Ed.)
66.08.030
Effective date—Transfer of liquor revolving fund to state treasurer—Outstanding obligations—1961 ex.s. c 6: See notes following
RCW 66.08.170.
66.08.030
66.08.030 Regulations—Scope. (1) For the purpose of
carrying into effect the provisions of this title according to
their true intent or of supplying any deficiency therein, the
board may make such regulations not inconsistent with the
spirit of this title as are deemed necessary or advisable. All
regulations so made shall be a public record and shall be filed
in the office of the code reviser, and thereupon shall have the
same force and effect as if incorporated in this title. Such regulations, together with a copy of this title, shall be published
in pamphlets and shall be distributed as directed by the board.
(2) Without thereby limiting the generality of the provisions contained in subsection (1), it is declared that the power
of the board to make regulations in the manner set out in that
subsection shall extend to
(a) regulating the equipment and management of stores
and warehouses in which state liquor is sold or kept, and prescribing the books and records to be kept therein and the
reports to be made thereon to the board;
(b) prescribing the duties of the employees of the board,
and regulating their conduct in the discharge of their duties;
(c) governing the purchase of liquor by the state and the
furnishing of liquor to stores established under this title;
(d) determining the classes, varieties, and brands of
liquor to be kept for sale at any store;
(e) prescribing, subject to *RCW 66.16.080, the hours
during which the state liquor stores shall be kept open for the
sale of liquor;
(f) providing for the issuing and distributing of price lists
showing the price to be paid by purchasers for each variety of
liquor kept for sale under this title;
(g) prescribing an official seal and official labels and
stamps and determining the manner in which they shall be
attached to every package of liquor sold or sealed under this
title, including the prescribing of different official seals or
different official labels for different classes of liquor;
(h) providing for the payment by the board in whole or in
part of the carrying charges on liquor shipped by freight or
express;
(i) prescribing forms to be used for purposes of this title
or the regulations, and the terms and conditions to be contained in permits and licenses issued under this title, and the
qualifications for receiving a permit or license issued under
this title, including a criminal history record information
check. The board may submit the criminal history record
information check to the Washington state patrol and to the
identification division of the federal bureau of investigation
in order that these agencies may search their records for prior
arrests and convictions of the individual or individuals who
filled out the forms. The board shall require fingerprinting of
any applicant whose criminal history record information
check is submitted to the federal bureau of investigation;
(j) prescribing the fees payable in respect of permits and
licenses issued under this title for which no fees are prescribed in this title, and prescribing the fees for anything done
or permitted to be done under the regulations;
(k) prescribing the kinds and quantities of liquor which
may be kept on hand by the holder of a special permit for the
[Title 66 RCW—page 5]
66.08.050
Title 66 RCW: Alcoholic Beverage Control
purposes named in the permit, regulating the manner in
which the same shall be kept and disposed of, and providing
for the inspection of the same at any time at the instance of
the board;
(l) regulating the sale of liquor kept by the holders of
licenses which entitle the holder to purchase and keep liquor
for sale;
(m) prescribing the records of purchases or sales of
liquor kept by the holders of licenses, and the reports to be
made thereon to the board, and providing for inspection of
the records so kept;
(n) prescribing the kinds and quantities of liquor for
which a prescription may be given, and the number of prescriptions which may be given to the same patient within a
stated period;
(o) prescribing the manner of giving and serving notices
required by this title or the regulations, where not otherwise
provided for in this title;
(p) regulating premises in which liquor is kept for export
from the state, or from which liquor is exported, prescribing
the books and records to be kept therein and the reports to be
made thereon to the board, and providing for the inspection
of the premises and the books, records and the liquor so kept;
(q) prescribing the conditions and qualifications requisite for the obtaining of club licenses and the books and
records to be kept and the returns to be made by clubs, prescribing the manner of licensing clubs in any municipality or
other locality, and providing for the inspection of clubs;
(r) prescribing the conditions, accommodations and
qualifications requisite for the obtaining of licenses to sell
beer and wines, and regulating the sale of beer and wines
thereunder;
(s) specifying and regulating the time and periods when,
and the manner, methods and means by which manufacturers
shall deliver liquor within the state; and the time and periods
when, and the manner, methods and means by which liquor
may lawfully be conveyed or carried within the state;
(t) providing for the making of returns by brewers of
their sales of beer shipped within the state, or from the state,
showing the gross amount of such sales and providing for the
inspection of brewers’ books and records, and for the checking of the accuracy of any such returns;
(u) providing for the making of returns by the wholesalers of beer whose breweries are located beyond the boundaries of the state;
(v) providing for the making of returns by any other
liquor manufacturers, showing the gross amount of liquor
produced or purchased, the amount sold within and exported
from the state, and to whom so sold or exported, and providing for the inspection of the premises of any such liquor manufacturers, their books and records, and for the checking of
any such return;
(w) providing for the giving of fidelity bonds by any or
all of the employees of the board: PROVIDED, That the premiums therefor shall be paid by the board;
(x) providing for the shipment by mail or common carrier of liquor to any person holding a permit and residing in
any unit which has, by election pursuant to this title, prohibited the sale of liquor therein;
(y) prescribing methods of manufacture, conditions of
sanitation, standards of ingredients, quality and identity of
[Title 66 RCW—page 6]
alcoholic beverages manufactured, sold, bottled, or handled
by licensees and the board; and conducting from time to time,
in the interest of the public health and general welfare, scientific studies and research relating to alcoholic beverages and
the use and effect thereof;
(z) seizing, confiscating and destroying all alcoholic
beverages manufactured, sold or offered for sale within this
state which do not conform in all respects to the standards
prescribed by this title or the regulations of the board: PROVIDED, Nothing herein contained shall be construed as
authorizing the liquor board to prescribe, alter, limit or in any
way change the present law as to the quantity or percentage
of alcohol used in the manufacturing of wine or other alcoholic beverages. [2002 c 119 § 2; 1977 ex.s. c 115 § 1; 1971
c 62 § 1; 1943 c 102 § 1; 1933 ex.s. c 62 § 79; RRS § 730679. Formerly RCW 66.08.030 and 66.08.040.]
*Reviser’s note: RCW 66.16.080 was repealed by 2005 c 231 § 6.
66.08.050
66.08.050 Powers of board in general. The board,
subject to the provisions of this title and the rules, shall:
(1) Determine the localities within which state liquor
stores shall be established throughout the state, and the number and situation of the stores within each locality;
(2) Appoint in cities and towns and other communities,
in which no state liquor store is located, contract liquor
stores. In addition, the board may appoint, in its discretion, a
manufacturer that also manufactures liquor products other
than wine under a license under this title, as a contract liquor
store for the purpose of sale of liquor products of its own
manufacture on the licensed premises only. Such contract
liquor stores shall be authorized to sell liquor under the
guidelines provided by law, rule, or contract, and such contract liquor stores shall be subject to such additional rules and
regulations consistent with this title as the board may require;
(3) Establish all necessary warehouses for the storing
and bottling, diluting and rectifying of stocks of liquors for
the purposes of this title;
(4) Provide for the leasing for periods not to exceed ten
years of all premises required for the conduct of the business;
and for remodeling the same, and the procuring of their furnishings, fixtures, and supplies; and for obtaining options of
renewal of such leases by the lessee. The terms of such leases
in all other respects shall be subject to the direction of the
board;
(5) Determine the nature, form and capacity of all packages to be used for containing liquor kept for sale under this
title;
(6) Execute or cause to be executed, all contracts, papers,
and documents in the name of the board, under such regulations as the board may fix;
(7) Pay all customs, duties, excises, charges and obligations whatsoever relating to the business of the board;
(8) Require bonds from all employees in the discretion of
the board, and to determine the amount of fidelity bond of
each such employee;
(9) Perform services for the state lottery commission to
such extent, and for such compensation, as may be mutually
agreed upon between the board and the commission;
(10) Accept and deposit into the general fund-local
account and disburse, subject to appropriation, federal grants
(2006 Ed.)
Liquor Control Board—General Provisions
or other funds or donations from any source for the purpose
of improving public awareness of the health risks associated
with alcohol consumption by youth and the abuse of alcohol
by adults in Washington state. The board’s alcohol awareness program shall cooperate with federal and state agencies,
interested organizations, and individuals to effect an active
public beverage alcohol awareness program;
(11) Perform all other matters and things, whether similar to the foregoing or not, to carry out the provisions of this
title, and shall have full power to do each and every act necessary to the conduct of its business, including all buying,
selling, preparation and approval of forms, and every other
function of the business whatsoever, subject only to audit by
the state auditor: PROVIDED, That the board shall have no
authority to regulate the content of spoken language on
licensed premises where wine and other liquors are served
and where there is not a clear and present danger of disorderly conduct being provoked by such language. [2005 c 151
§ 3; 1997 c 228 § 1; 1993 c 25 § 1; 1986 c 214 § 2; 1983 c 160
§ 1; 1975 1st ex.s. c 173 § 1; 1969 ex.s. c 178 § 1; 1963 c 239
§ 3; 1935 c 174 § 10; 1933 ex.s. c 62 § 69; RRS § 7306-69.]
Severability—1975 1st ex.s. c 173: "If any phrase, clause, subsection,
or section of this 1975 amendatory act shall be declared unconstitutional or
invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature would have enacted this 1975 amendatory act
without the phrase, clause, subsection, or section so held unconstitutional or
invalid and the remainder of the act shall not be affected as a result of said
part being held unconstitutional or invalid." [1975 1st ex.s. c 173 § 13.]
Effective date—1975 1st ex.s. c 173: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 173 § 14.]
Severability—1963 c 239: See note following RCW 66.08.026.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
66.08.0501
66.08.0501 Adoption of rules. The liquor control
board may adopt appropriate rules pursuant to chapter 34.05
RCW for the purpose of carrying out the provisions of chapter 321, Laws of 1997. [1997 c 321 § 56.]
66.08.090
66.08.070
66.08.070 Purchase of liquor by board—Consignment not prohibited—Warranty or affirmation not
required for wine or malt purchases. (1) Every order for
the purchase of liquor shall be authorized by the board, and
no order for liquor shall be valid or binding unless it is so
authorized and signed by the board or its authorized designee.
(2) A duplicate of every such order shall be kept on file
in the office of the board.
(3) All cancellations of such orders made by the board
shall be signed in the same manner and duplicates thereof
kept on file in the office of the board. Nothing in this title
shall be construed as preventing the board from accepting
liquor on consignment.
(4) In the purchase of wine or malt beverages the board
shall not require, as a term or condition of purchase, any warranty or affirmation with respect to the relationship of the
price charged the board to any price charged any other buyer.
[1985 c 226 § 2; 1973 1st ex.s. c 209 § 1; 1933 ex.s. c 62 § 67;
RRS § 7306-67.]
Severability—1973 1st ex.s. c 209: "If any phrase, clause, subsection
or section of this 1973 amendatory act shall be declared unconstitutional or
invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature would have enacted this 1973 amendatory act
without the phrase, clause, subsection or section so held unconstitutional or
invalid and the remainder of the act shall not be affected as a result of said
part being held unconstitutional or invalid." [1973 1st ex.s. c 209 § 21.]
Effective date—1973 1st ex.s. c 209: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1973." [1973 1st ex.s. c 209 § 22.]
66.08.075
66.08.075 Officer, employee not to represent manufacturer, wholesaler in sale to board. No official or
employee of the liquor control board of the state of Washington shall, during his term of office or employment, or for a
period of two years immediately following the termination
thereof, represent directly or indirectly any manufacturer or
wholesaler of liquor in the sale of liquor to the board. [1937
c 217 § 5 (adding new section 42-A to 1933 ex.s. c 62); RRS
§ 7306-42A. Formerly RCW 43.66.040.]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.08.080
66.08.055
66.08.055 Oaths may be administered and affidavits,
declarations received. Every member of the board, and
every employee authorized by the board to issue permits
under this title may administer any oath and take and receive
any affidavit or declaration required under this title or the
regulations. [1933 ex.s. c 62 § 80; RRS § 7306-80. Formerly
RCW 43.66.050.]
66.08.060
66.08.060 Board cannot advertise liquor, exception—Advertising regulations. (1) The board shall not
advertise liquor in any form or through any medium whatsoever.
(2) In-store liquor merchandising is not advertising for
the purposes of this section.
(3) The board shall have power to adopt any and all reasonable rules as to the kind, character, and location of advertising of liquor. [2005 c 231 § 3; 1933 ex.s. c 62 § 43; RRS §
7306-43.]
Severability—2005 c 231: See note following RCW 66.08.165.
(2006 Ed.)
66.08.080 Interest in manufacture or sale of liquor
prohibited. Except as provided by chapter 42.52 RCW, no
member of the board and no employee of the board shall have
any interest, directly or indirectly, in the manufacture of
liquor or in any liquor sold under this title, or derive any
profit or remuneration from the sale of liquor, other than the
salary or wages payable to him in respect of his office or position, and shall receive no gratuity from any person in connection with such business. [1994 c 154 § 313; 1981 1st ex.s. c
5 § 3; 1933 ex.s. c 62 § 68; RRS § 7306-68.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.08.090
66.08.090 Sale of liquor by employees of board. No
employee shall sell liquor in any other place, nor at any other
time, nor otherwise than as authorized by the board under this
title and the regulations. [1933 ex.s. c 62 § 31; RRS § 730631.]
[Title 66 RCW—page 7]
66.08.095
Title 66 RCW: Alcoholic Beverage Control
66.08.095 Liquor for training or investigation purposes. The liquor control board may provide liquor at no
charge, including liquor forfeited under chapter 66.32 RCW,
to recognized law enforcement agencies within the state
when the law enforcement agency will be using the liquor for
bona fide law enforcement training or investigation purposes.
[1993 c 26 § 3.]
66.08.095
66.08.100 Jurisdiction of action against board—
Immunity from personal liability of members. No court of
the state of Washington other than the superior court of Thurston county shall have jurisdiction over any action or proceeding against the board or any member thereof for anything
done or omitted to be done in or arising out of the performance of his or their duties under this title. Neither the board
nor any member or members thereof shall be personally liable in any action at law for damages sustained by any person
because of any acts performed or done or omitted to be done
by the board or any employee of the board in the performance
of his duties and in the administration of this title. [1935 c
174 § 9 (adding new section 62-A to 1933 ex.s. c 62); RRS §
7306-62A. Formerly RCW 66.08.100 and 66.08.110.]
66.08.100
66.08.120 Preemption of field by state—Exception.
No municipality or county shall have power to license the
sale of, or impose an excise tax upon, liquor as defined in this
title, or to license the sale or distribution thereof in any manner; and any power now conferred by law on any municipality or county to license premises which may be licensed
under this section, or to impose an excise tax upon liquor, or
to license the sale and distribution thereof, as defined in this
title, shall be suspended and shall be of no further effect:
PROVIDED, That municipalities and counties shall have
power to adopt police ordinances and regulations not in conflict with this title or with the regulations made by the board.
[1933 ex.s. c 62 § 29; RRS § 7306-29.]
66.08.120
66.08.130 Inspection of books and records—Goods
possessed or shipped—Refusal as violation. For the purpose of obtaining information concerning any matter relating
to the administration or enforcement of this title, the board, or
any person appointed by it in writing for the purpose, may
inspect the books and records of
(1) any manufacturer;
(2) any license holder;
(3) any drug store holding a permit to sell on prescriptions;
(4) the freight and express books and records and all
waybills, bills of lading, receipts and documents in the possession of any common carrier doing business within the
state, containing any information or record relating to any
goods shipped or carried, or consigned or received for shipment or carriage within the state. Every manufacturer, license
holder, drug store holding a permit to sell on prescriptions,
and common carrier, and every owner or officer or employee
of the foregoing, who neglects or refuses to produce and submit for inspection any book, record or document referred to
in this section when requested to do so by the board or by a
person so appointed by it shall be guilty of a violation of this
title. [1981 1st ex.s. c 5 § 4; 1933 ex.s. c 62 § 56; RRS §
7306-56.]
66.08.130
[Title 66 RCW—page 8]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.08.140
66.08.140 Inspection of books and records—Financial dealings—Penalty for refusal. For the purpose of
obtaining information concerning any matter relating to the
administration or enforcement of this title, the board, or any
person appointed by it in writing for the purpose, may inspect
the books, documents and records of any person lending
money to or in any manner financing any license, holder or
applicant for license insofar as such books, documents and/or
records pertain to the financial transaction involved. Every
person who neglects or refuses to produce and submit for
inspection any book, record or document as required by this
section when requested to do so by the board or by a person
duly appointed by it shall be guilty of a violation of this title.
[1945 c 48 § 1 (adding new section 56-A to 1933 ex.s. c 62);
RRS § 7306-56A.]
66.08.150
66.08.150 Board’s action as to permits and licenses—
Administrative procedure act, applicability—Adjudicative proceeding—Opportunity for hearing—Summary
suspension. The action, order, or decision of the board as to
any denial of an application for the reissuance of a permit or
license or as to any revocation, suspension, or modification
of any permit or license shall be an adjudicative proceeding
and subject to the applicable provisions of chapter 34.05
RCW.
(1) An opportunity for a hearing may be provided an
applicant for the reissuance of a permit or license prior to the
disposition of the application, and if no such opportunity for
a prior hearing is provided then an opportunity for a hearing
to reconsider the application must be provided the applicant.
(2) An opportunity for a hearing must be provided a permittee or licensee prior to a revocation or modification of any
permit or license and, except as provided in subsection (4) of
this section, prior to the suspension of any permit or license.
(3) No hearing shall be required until demanded by the
applicant, permittee, or licensee.
(4) The board may summarily suspend a license or permit for a period of up to one hundred eighty days without a
prior hearing if it finds that public health, safety, or welfare
imperatively require emergency action, and incorporates a
finding to that effect in its order; and proceedings for revocation or other action must be promptly instituted and determined. The board’s enforcement division shall complete a
preliminary staff investigation of the violation before
requesting an emergency suspension by the board. [2003 c
320 § 1; 1989 c 175 § 122; 1967 c 237 § 23; 1933 ex.s. c 62
§ 62; RRS § 7306-62.]
Effective date—1989 c 175: See note following RCW 34.05.010.
66.08.160
66.08.160 Acquisition of warehouse authorized. The
Washington state liquor board and the state finance committee are hereby authorized to lease or purchase or acquire a site
and erect a warehouse building in the city of Seattle, and for
that purpose may borrow money and may issue bonds in an
amount not to exceed one million five hundred thousand dollars to be amortized from liquor revenues over a period of not
to exceed ten years. [1947 c 134 § 1; No RRS.]
(2006 Ed.)
Liquor Control Board—General Provisions
66.08.165
66.08.165 Strategies to improve operational efficiency and revenue. The board shall, consistent with, and in
addition to, the existing retail business plan, implement strategies to improve the efficiency of retail sales operations and
maximize revenue-generating opportunities. Strategies to be
implemented shall include, but are not limited to:
(1) Expanding store operations to include Sunday sales
in selected liquor stores. Sunday sales are optional for liquor
vendors operating agency stores;
(2) Implementing a plan of in-store liquor merchandising, including point-of-sale advertising, and product specific
point-of-sale promotional displays and carousels, including
displays designed and provided by vendors; and
(3) Implementing a plan for in-store liquor merchandising of brands. The plan may not include provisions for selling liquor-related items other than those items previously
authorized. [2005 c 231 § 1.]
Severability—2005 c 231: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 231 § 7.]
66.08.166
66.08.166 Sunday sales authorized—Store selection
and other requirements. By September 1, 2005, the board
shall expand operations in at least twenty state-operated retail
stores to include Sundays. The board shall select the stores
that are expected to gross the most revenues on Sunday by
considering factors including, but not limited to, population
density, proximity to shopping centers, and proximity to
other businesses that are open on Sunday. The selected stores
shall be open for retail business a minimum of five hours on
Sunday. In implementing this program, if the board determines it would be beneficial to retain a consultant to assist the
board in determining appropriate stores for the program and
monitoring the results of the program, the agency is authorized to do so. The board shall track gross sales and expenses
of the selected stores and compare them to previous years’
sales and projected sales and expenses before opening on
Sunday. The board shall also examine the sales of state and
contract liquor stores in proximity to those stores opened on
Sundays to determine whether Sunday openings has [have]
reduced the sales of other state and contract liquor stores that
are not open on Sundays. The board shall present this information to the appropriate policy and fiscal committees of the
legislature by January 31, 2007. [2005 c 231 § 2.]
Severability—2005 c 231: See note following RCW 66.08.165.
66.08.167
66.08.167 Sunday sales—Store selection. (1) Before
the board determines which state liquor stores will be open on
Sundays, it shall give: (a) Due consideration to the location
of the liquor store with respect to the proximity of places of
worship, schools, and public institutions; (b) due consideration to motor vehicle accident data in the proximity of the
liquor store; and (c) written notice by certified mail of the
proposed Sunday opening, including proposed Sunday opening hours, to places of worship, schools, and public institutions within five hundred feet of the liquor store proposed to
be open on Sunday.
(2) Before permitting an agency vendor liquor store to
open for business on Sunday, the board must meet the due
(2006 Ed.)
66.08.180
consideration and written notice requirements established in
subsection (1) of this section.
(3) For the purpose of this section, "place of worship"
means a building erected for and used exclusively for religious worship and schooling or other related religious activity. [2005 c 231 § 4.]
Severability—2005 c 231: See note following RCW 66.08.165.
66.08.170
66.08.170 Liquor revolving fund—Creation—Composition—State treasurer as custodian—Daily deposits,
exceptions—Budget and accounting act applicable. There
shall be a fund, known as the "liquor revolving fund", which
shall consist of all license fees, permit fees, penalties, forfeitures, and all other moneys, income, or revenue received by
the board. The state treasurer shall be custodian of the fund.
All moneys received by the board or any employee thereof,
except for change funds and an amount of petty cash as fixed
by the board within the authority of law shall be deposited
each day in a depository approved by the state treasurer and
transferred to the state treasurer to be credited to the liquor
revolving fund. During the 2001-2003 fiscal biennium, the
legislature may transfer from the liquor revolving account to
the state general fund such amounts as reflect the excess fund
balance of the fund and reductions made by the 2002 supplemental appropriations act for administrative efficiencies and
savings. Disbursements from the revolving fund shall be on
authorization of the board or a duly authorized representative
thereof. In order to maintain an effective expenditure and revenue control the liquor revolving fund shall be subject in all
respects to chapter 43.88 RCW but no appropriation shall be
required to permit expenditures and payment of obligations
from such fund. [2002 c 371 § 917; 1961 ex.s. c 6 § 1; 1933
ex.s. c 62 § 73; RRS § 7306-73. Formerly RCW 43.66.060.]
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Transfer of liquor revolving fund to state treasurer—Outstanding
obligations: "On June 30, 1961, the Washington state liquor control board
shall deliver and transfer to the state treasurer, as custodian, all moneys and
accounts which comprise the liquor revolving fund, except change funds and
petty cash, and the state treasurer shall assume custody thereof. All obligations outstanding as of June 30, 1961 shall be paid out of the liquor revolving
fund." [1961 ex.s. c 6 § 5.]
Effective date—1961 ex.s. c 6: "This act shall take effect on June 30,
1961." [1961 ex.s. c 6 § 7.]
66.08.180
66.08.180 Liquor revolving fund—Distribution—
Reserve for administration—Disbursement to universities and state agencies. Except as provided in RCW
66.24.290(1), moneys in the liquor revolving fund shall be
distributed by the board at least once every three months in
accordance with RCW 66.08.190, 66.08.200 and 66.08.210:
PROVIDED, That the board shall reserve from distribution
such amount not exceeding five hundred thousand dollars as
may be necessary for the proper administration of this title.
(1) All license fees, penalties and forfeitures derived
under chapter 13, Laws of 1935 from spirits, beer, and wine
restaurant; spirits, beer, and wine private club; and sports
entertainment facility licenses or spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licensees shall every three months be disbursed by the board as follows:
[Title 66 RCW—page 9]
66.08.190
Title 66 RCW: Alcoholic Beverage Control
(a) Three hundred thousand dollars per biennium, to the
death investigations account for the state toxicology program
pursuant to RCW 68.50.107; and
(b) Of the remaining funds:
(i) 6.06 percent to the University of Washington and 4.04
percent to Washington State University for alcoholism and
drug abuse research and for the dissemination of such
research; and
(ii) 89.9 percent to the general fund to be used by the
department of social and health services solely to carry out
the purposes of RCW 70.96A.050;
(2) The first fifty-five dollars per license fee provided in
RCW 66.24.320 and 66.24.330 up to a maximum of one hundred fifty thousand dollars annually shall be disbursed every
three months by the board to the general fund to be used for
juvenile alcohol and drug prevention programs for kindergarten through third grade to be administered by the superintendent of public instruction;
(3) Twenty percent of the remaining total amount
derived from license fees pursuant to RCW 66.24.320,
66.24.330, 66.24.350, and 66.24.360, shall be transferred to
the general fund to be used by the department of social and
health services solely to carry out the purposes of RCW
70.96A.050; and
(4) One-fourth cent per liter of the tax imposed by RCW
66.24.210 shall every three months be disbursed by the board
to Washington State University solely for wine and wine
grape research, extension programs related to wine and wine
grape research, and resident instruction in both wine grape
production and the processing aspects of the wine industry in
accordance with RCW 28B.30.068. The director of financial
management shall prescribe suitable accounting procedures
to ensure that the funds transferred to the general fund to be
used by the department of social and health services and
appropriated are separately accounted for. [2000 c 192 § 1.
Prior: 1999 c 281 § 1; 1999 c 40 § 7; prior: 1997 c 451 § 3;
1997 c 321 § 57; 1995 c 398 § 16; 1987 c 458 § 10; 1986 c 87
§ 1; 1981 1st ex.s. c 5 § 6; 1979 c 151 § 166; 1967 ex.s. c 75
§ 1; 1965 ex.s. c 143 § 2; 1949 c 5 § 10; 1935 c 13 § 2; 1933
ex.s. c 62 § 77; Rem. Supp. 1949 § 7306-77. Formerly RCW
43.66.080.]
Effective date—1999 c 40: See note following RCW 43.103.010.
Effective date—1997 c 451: See note following RCW 66.24.290.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—1987 c 458: See note following RCW 48.21.160.
Effective date—1986 c 87: "This act shall take effect July 1, 1987."
[1986 c 87 § 3.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1967 ex.s. c 75: "The effective date of this 1967 amendatory act is July 1, 1967." [1967 ex.s. c 75 § 8.]
Severability—1949 c 5: See RCW 66.98.080.
Distribution for state toxicological lab: RCW 68.50.107.
Wine grape industry, instruction relating to—Purpose—Administration:
RCW 28B.30.067 and 28B.30.068.
66.08.190 Liquor revolving fund—Disbursement of
excess funds to state, counties, and cities—Withholding of
funds for noncompliance. (1) Except for revenues generated by the 2003 surcharge of $0.42/liter on retail sales of
spirits that shall be distributed to the state general fund during
66.08.190
[Title 66 RCW—page 10]
the 2003-2005 biennium, when excess funds are distributed,
all moneys subject to distribution shall be disbursed as follows:
(a) Three-tenths of one percent to border areas under
RCW 66.08.195; and
(b) From the amount remaining after distribution under
(a) of this subsection, (i) fifty percent to the general fund of
the state, (ii) ten percent to the counties of the state, and (iii)
forty percent to the incorporated cities and towns of the state.
(2) During the months of June, September, December,
and March of each year, prior to disbursing the distribution to
incorporated cities and towns under subsection (1)(b) of this
section, the treasurer shall deduct from that distribution an
amount that will fund that quarter’s allotments under RCW
43.88.110 from any legislative appropriation from the city
and town research services account. The treasurer shall
deposit the amount deducted into the city and town research
services account.
(3) The governor may notify and direct the state treasurer
to withhold the revenues to which the counties and cities are
entitled under this section if the counties or cities are found to
be in noncompliance pursuant to RCW 36.70A.340. [2003
1st sp.s. c 25 § 927; 2002 c 38 § 2; 2000 c 227 § 2; 1995 c 159
§ 1; 1991 sp.s. c 32 § 34; 1988 c 229 § 4; 1957 c 175 § 6.
Prior: 1955 c 109 § 2; 1949 c 187 § 1, part; 1939 c 173 § 1,
part; 1937 c 62 § 2, part; 1935 c 80 § 1, part; 1933 ex.s. c 62
§ 78, part; Rem. Supp. 1949 § 7306-78, part. Formerly RCW
43.66.090.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective date—2000 c 227: See note following RCW 43.110.060.
Effective date—1995 c 159: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 159 § 6.]
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Finding—1988 c 229: "The legislature finds and declares that certain
counties and municipalities near international borders are subjected to a constant volume and flow of travelers and visitors for whom local government
services must be provided. The legislature further finds that it is in the public
interest and for the protection of the health, property, and welfare of the residents and visitors to provide supplemental resources to augment and maintain existing levels of police protection in such areas and to alleviate the
impact of such added burdens." [1988 c 229 § 2.]
Effective date—1988 c 229 §§ 2-4: "Sections 2 through 4 of this act
shall take effect July 1, 1989." [1988 c 229 § 5.]
66.08.195 Liquor revolving fund—Definition of
terms relating to border areas. For the purposes of this
chapter:
(1) "Border area" means any incorporated city or town,
or unincorporated area, located within seven miles of the
Washington-Canadian border or any unincorporated area that
is a point of land surrounded on three sides by saltwater and
adjacent to the Canadian border.
(2) "Border area per-capita law-enforcement spending"
equals total per capita expenditures in a border area on: Law
enforcement operating costs, court costs, law enforcementrelated insurance, and detention expenses, minus funds allocated to a border area under RCW 66.08.190 and 66.08.196.
(3) "Border-crossing traffic total" means the number of
vehicles, vessels, and aircraft crossing into the United States
through a United States customs service border crossing that
66.08.195
(2006 Ed.)
Liquor Control Board—General Provisions
enter into the border area during a federal fiscal year, using
border crossing statistics and criteria included in guidelines
adopted by the department of community, trade, and economic development.
(4) "Border-related crime statistic" means the sum of
infractions and citations issued, and arrests of persons permanently residing outside Washington state in a border area during a calendar year. [2001 c 8 § 1; 1995 c 159 § 2; 1988 c 229
§ 3.]
Effective date—1995 c 159: See note following RCW 66.08.190.
Finding—Effective date—1988 c 229: See notes following RCW
66.08.190.
66.08.196
66.08.196 Liquor revolving fund—Distribution of
funds to border areas. Distribution of funds to border areas
under RCW 66.08.190 and *66.24.290 (1)(a) and (4) shall be
as follows:
(1) Sixty-five percent of the funds shall be distributed to
border areas ratably based on border area traffic totals;
(2) Twenty-five percent of the funds shall be distributed
to border areas ratably based on border-related crime statistics; and
(3) Ten percent of the funds shall be distributed to border
areas ratably based upon border area per capita law enforcement spending.
Distributions to an unincorporated area shall be made to
the county in which such an area is located and may only be
spent on services provided to that area. [2001 c 8 § 2; 1997 c
451 § 4; 1995 c 159 § 3.]
66.08.230
porated area" means all that portion of any county not
included within the limits of incorporated cities and towns.
When a special county census has been conducted for the
purpose of determining the population base of a county’s
unincorporated area for use in the distribution of liquor funds,
the census figure shall become effective for the purpose of
distributing funds as of the official census date once the census results have been certified by the office of financial management and officially submitted to the office of the secretary
of state. [1979 c 151 § 167; 1977 ex.s. c 110 § 2; 1957 c 175
§ 7. Prior: 1955 c 109 § 3; 1949 c 187 § 1, part; 1939 c 173 §
1, part; 1937 c 62 § 2, part; 1935 c 80 § 1, part; 1933 ex.s. c
62 § 78, part; Rem. Supp. 1949 § 7306-78, part. Formerly
RCW 43.66.100.]
Population determinations, office of financial management: Chapter 43.62
RCW.
66.08.210
Effective date—1997 c 451: See note following RCW 66.24.290.
66.08.210 Liquor revolving fund—Computation for
distribution to cities. With respect to the forty percent share
coming to the incorporated cities and towns, the computations for distribution shall be made by the state agency
responsible for collecting the same as follows:
The share coming to each eligible city or town shall be
determined by a division among the eligible cities and towns
within the state ratably on the basis of population as last
determined by the office of financial management: AND
PROVIDED, That no city or town in which the sale of liquor
is forbidden as the result of an election shall be entitled to any
share in such distribution. [1979 c 151 § 168; 1977 ex.s. c
110 § 3; 1957 c 175 § 8. Prior: 1949 c 187 § 1, part; 1939 c
173 § 1, part; 1937 c 62 § 2, part; 1935 c 80 § 1, part; 1933
ex.s. c 62 § 78, part; Rem. Supp. 1949 § 7306-78, part. Formerly RCW 43.66.110.]
Effective date—1995 c 159: See note following RCW 66.08.190.
Allocation of state funds on population basis: RCW 43.62.020, 43.62.030.
*Reviser’s note: RCW 66.24.290 was amended by 2006 c 302 § 7,
changing subsection (1)(a) to subsection (1)(c)(i), expiring June 30, 2008.
Determining population of territory annexed to city: RCW 35.13.260.
66.08.198
66.08.198 Liquor revolving fund—Distribution of
funds to border areas—Guidelines adoption. The department of community, trade, and economic development shall
develop guidelines to determine the figures used under the
three distribution factors defined in RCW 66.08.195. At the
request of any border community, the department may review
these guidelines once every three years. [1995 c 159 § 4.]
Effective date—1995 c 159: See note following RCW 66.08.190.
66.08.200
66.08.200 Liquor revolving fund—Computation for
distribution to counties—"Unincorporated area"
defined. With respect to the ten percent share coming to the
counties, the computations for distribution shall be made by
the state agency responsible for collecting the same as follows:
The share coming to each eligible county shall be determined by a division among the eligible counties according to
the relation which the population of the unincorporated area
of such eligible county, as last determined by the office of
financial management, bears to the population of the total
combined unincorporated areas of all eligible counties, as
determined by the office of financial management: PROVIDED, That no county in which the sale of liquor is forbidden in the unincorporated area thereof as the result of an election shall be entitled to share in such distribution. "Unincor(2006 Ed.)
66.08.220
66.08.220 Liquor revolving fund—Separate
account—Distribution. The board shall set aside in a separate account in the liquor revolving fund an amount equal to
ten percent of its gross sales of liquor to spirits, beer, and
wine restaurant; spirits, beer, and wine private club; and
sports entertainment facility licensees collected from these
licensees pursuant to the provisions of RCW 82.08.150, less
the fifteen percent discount provided for in RCW 66.24.440;
and the moneys in said separate account shall be distributed
in accordance with the provisions of RCW 66.08.190,
66.08.200 and 66.08.210: PROVIDED, HOWEVER, That
no election unit in which the sale of liquor under spirits, beer,
and wine restaurant; spirits, beer, and wine private club; and
sports entertainment facility licenses is unlawful shall be
entitled to share in the distribution of moneys from such separate account. [1999 c 281 § 2; 1949 c 5 § 11 (adding new
section 78-A to 1933 ex.s. c 62); Rem. Supp. 1949 §
7306-78A. Formerly RCW 43.66.130.]
Severability—1949 c 5: See RCW 66.98.080.
66.08.230
66.08.230 Initial disbursement to wine commission—
Repayment. To provide for the operation of the wine commission prior to its first quarterly disbursement, the liquor
control board shall, on July 1, 1987, disburse one hundred ten
[Title 66 RCW—page 11]
66.08.235
Title 66 RCW: Alcoholic Beverage Control
thousand dollars to the wine commission. However, such disbursement shall be repaid to the liquor control board by a
reduction from the quarterly disbursements to the wine commission under RCW 66.24.210 of twenty-seven thousand
five hundred dollars each quarter until such amount is repaid.
These funds shall be used to establish the Washington wine
commission and the other purposes delineated in chapter
15.88 RCW. [1987 c 452 § 12.]
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
66.08.235
66.08.235 Liquor control board construction and
maintenance account. The liquor control board construction and maintenance account is created within the state treasury. The liquor control board shall deposit into this account
a portion of the board’s markup, as authorized by chapter
66.16 RCW, placed upon liquor as determined by the board.
Moneys in the account may be spent only after appropriation.
The liquor control board shall use deposits to this account to
fund construction and maintenance of a centralized distribution center for liquor products intended for sale through the
board’s liquor store and contract liquor store system. During
the 2001-2003 fiscal biennium, the legislature may transfer
from the liquor control board construction and maintenance
account to the state general fund such amounts as reflect the
appropriations reductions made by the 2002 supplemental
appropriations act for administrative efficiencies and savings.
[2005 c 151 § 4; 2002 c 371 § 918; 1997 c 75 § 1.]
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Effective date—1997 c 75: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 19, 1997]." [1997 c 75 § 3.]
66.08.240
66.08.240 Transfer of funds pursuant to government
service agreement. Funds that are distributed to counties,
cities, or towns pursuant to this chapter may be transferred by
the recipient county, city, or town to another unit of government pursuant to a government service agreement as provided in RCW 36.115.040 and 36.115.050. [1994 c 266 §
10.]
Chapter 66.12
Chapter 66.12 RCW
EXEMPTIONS
Sections
66.12.010
66.12.020
66.12.030
66.12.060
66.12.070
66.12.110
66.12.120
66.12.125
66.12.130
66.12.140
Wine or beer manufactured for home use.
Sales of liquor to board.
Licensed manufacturers not prevented from storing liquor—
Transshipment in interstate, foreign commerce—Interstate,
foreign transactions protected.
Pharmaceutical preparations, patent medicines, denatured
alcohol.
Medicinal, culinary, and toilet preparations not usable as beverages—Sample and analysis—Clearly labeled.
Duty-free alcoholic beverages for personal use.
Bringing alcoholic beverages into state from another state—
Payment of markup and tax.
Alcohol for use as fuel—Legislative finding and declaration.
Alcohol for use as fuel in motor vehicles, farm implements,
machines, etc., or in combination with other petroleum products for use as fuel.
Use of alcoholic beverages in culinary, restaurant, or food fermentation courses.
[Title 66 RCW—page 12]
66.12.150
66.12.160
66.12.170
66.12.180
66.12.185
Beer or wine offered by hospital or nursing home for consumption on the premises.
Manufacture or sale of confections or food containing liquor.
Obtaining liquor for manufacturing confections or food products.
Wine commission—Wine donations—Promotional activities.
Beer commission—Beer or malt donations—Promotional
activities.
66.12.010
66.12.010 Wine or beer manufactured for home use.
Nothing in this title other than RCW 66.28.140, applies to
wine or beer manufactured in any home for consumption
therein, and not for sale. [1981 c 255 § 1; 1955 c 39 § 1; 1933
ex.s. c 62 § 32; RRS § 7306-32.]
66.12.020
66.12.020 Sales of liquor to board. Nothing in this title
shall apply to or prevent the sale of liquor by any person to
the board. [1933 ex.s. c 62 § 48; RRS § 7306-48.]
66.12.030
66.12.030 Licensed manufacturers not prevented
from storing liquor—Transshipment in interstate, foreign commerce—Interstate, foreign transactions protected. (1) Nothing in this title shall prevent any person
licensed to manufacture liquor from keeping liquor in his
warehouse or place of business.
(2) Nothing in this title shall prevent the transshipment
of liquor in interstate and foreign commerce; but no person
shall import liquor into the state from any other state or country, except, as herein otherwise provided, for use or sale in the
state, except the board.
(3) Every provision of this title which may affect transactions in liquor between a person in this state and a person in
another state or in a foreign country shall be construed to
affect such transactions so far only as the legislature has
power to make laws in relation thereto. [1933 ex.s. c 62 § 49;
RRS § 7306-49. Formerly RCW 66.12.030, 66.12.040, and
66.12.050.]
66.12.060
66.12.060 Pharmaceutical preparations, patent medicines, denatured alcohol. Nothing in this title shall apply to
or prevent the sale, purchase or consumption
(1) of any pharmaceutical preparation containing liquor
which is prepared by a druggist according to a formula of the
pharmacopoeia of the United States, or the dispensatory of
the United States; or
(2) of any proprietary or patent medicine; or
(3) of wood alcohol or denatured alcohol, except in the
case of the sale, purchase, or consumption of wood alcohol or
denatured alcohol for beverage purposes, either alone or
combined with any other liquid or substance. [1933 ex.s. c 62
§ 50; RRS § 7306-50.]
66.12.070
66.12.070 Medicinal, culinary, and toilet preparations not usable as beverages—Sample and analysis—
Clearly labeled. (1) Where a medicinal preparation contains
liquor as one of the necessary ingredients thereof, and also
contains sufficient medication to prevent its use as an alcoholic beverage, nothing in this title shall apply to or prevent
its composition or sale by a druggist when compounded from
liquor purchased by the druggist under a special permit held
by him, nor apply to or prevent the purchase or consumption
(2006 Ed.)
Exemptions
of the preparation by any person for strictly medicinal purposes.
(2) Where a toilet or culinary preparation, that is to say,
any perfume, lotion, or flavoring extract or essence, or
dietary supplement as defined by the federal food and drug
administration, contains liquor and also contains sufficient
ingredient or medication to prevent its use as a beverage,
nothing in this title shall apply to or prevent the sale or purchase of that preparation by any druggist or other person who
manufactures or deals in the preparation, nor apply to or prevent the purchase or consumption of the preparation by any
person who purchases or consumes it for any toilet or culinary purpose.
(3) In order to determine whether any particular medicinal, toilet, dietary supplement, or culinary preparation
referred to in this section contains sufficient ingredient or
medication to prevent its use as an alcoholic beverage, the
board may cause a sample of the preparation, purchased or
obtained from any person whomsoever, to be analyzed by an
analyst appointed or designated by the board; and if it appears
from a certificate signed by the analyst that he finds the sample so analyzed by him did not contain sufficient ingredient
or medication to prevent its use as an alcoholic beverage, the
certificate shall be conclusive evidence that the preparation,
the sample of which was so analyzed, is not a preparation the
sale or purchase of which is permitted by this section.
(4) Dietary supplements that contain more than one-half
of one percent alcohol which are prepared and sold under this
section shall be clearly labeled and the ingredients listed on
the label in accordance with the provisions of the federal
food, drug, and cosmetics act (21 U.S.C. Sec. 321) as now or
hereafter amended. [1999 c 88 § 1; 1933 ex.s. c 62 § 51; RRS
§ 7306-51. Formerly RCW 66.12.070, 66.12.080, and
66.12.090.]
66.12.140
66.12.120
66.12.120 Bringing alcoholic beverages into state
from another state—Payment of markup and tax. Notwithstanding any other provision of Title 66 RCW, a person
twenty-one years of age or over may, free of tax and markup,
for personal or household use, bring into the state of Washington from another state no more than once per calendar
month up to two liters of spirits or wine or two hundred
eighty-eight ounces of beer. Additionally, such person may
be authorized by the board to bring into the state of Washington from another state a reasonable amount of alcoholic beverages in excess of that provided in this section for personal
or household use only upon payment of an equivalent markup
and tax as would be applicable to the purchase of the same or
similar liquor at retail from a state liquor store. The board
shall adopt appropriate regulations pursuant to chapter 34.05
RCW for the purpose of carrying into effect the provisions of
this section. [1995 c 100 § 1; 1975 1st ex.s. c 173 § 3.]
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
66.12.125
66.12.125 Alcohol for use as fuel—Legislative finding
and declaration. The legislature finds that the production of
alcohol for use as a fuel or fuel supplement is of great importance to the state. Alcohol, when used as a fuel source, is less
polluting to the atmosphere than conventional fuels and its
use reduces the state’s dependence on limited oil resources.
Production of alcohol for use as a fuel provides a new use and
market for Washington agricultural products and aids Washington farmers in producing food and fiber for the citizens of
the state, nation, and world. Therefore, the legislature
declares public policy to be one of encouragement toward the
production and use of alcohol as a fuel or fuel supplement.
[1980 c 140 § 1.]
66.12.130
66.12.110
66.12.110 Duty-free alcoholic beverages for personal
use. A person twenty-one years of age or over may bring into
the state from without the United States, free of tax and
markup, for his personal or household use such alcoholic
beverages as have been declared and permitted to enter the
United States duty free under federal law.
Such entry of alcoholic beverages in excess of that
herein provided may be authorized by the board upon payment of an equivalent markup and tax as would be applicable
to the purchase of the same or similar liquor at retail from a
Washington state liquor store. The board shall adopt appropriate regulations pursuant to chapter 34.05 RCW for the purpose of carrying out the provisions of this section. The board
may issue a spirits, beer, and wine private club license to a
charitable or nonprofit corporation of the state of Washington, the majority of the officers and directors of which are
United States citizens and the minority of the officers and
directors of which are citizens of the Dominion of Canada,
and where the location of the premises for such spirits, beer,
and wine private club license is not more than ten miles south
of the border between the United States and the province of
British Columbia. [1999 c 281 § 3; 1975-’76 2nd ex.s. c 20 §
1. Prior: 1975 1st ex.s. c 256 § 1; 1975 1st ex.s. c 173 § 2;
1967 c 38 § 1.]
66.12.130 Alcohol for use as fuel in motor vehicles,
farm implements, machines, etc., or in combination with
other petroleum products for use as fuel. Nothing in this
title shall apply to or prevent the sale, importation, purchase,
production, or blending of alcohol used solely for fuel to be
used in motor vehicles, farm implements, and machines or
implements of husbandry or in combination with gasoline or
other petroleum products for use as such fuel. Manufacturers
and distillers of such alcohol fuel are not required to obtain a
license under this title. Alcohol which is produced for use as
fuel shall be denatured in accordance with a formula
approved by the federal bureau of alcohol, tobacco and firearms prior to the removal of the alcohol from the premises as
described in the approved federal permit application: PROVIDED, That alcohol which is being transferred between
plants involved in the distillation or manufacture of alcohol
fuel need not be denatured if it is transferred in accordance
with federal bureau of alcohol, tobacco and firearms regulation 27 CFR 19.996 as existing on July 26, 1981. The exemptions from the state liquor control laws provided by this section only apply to distillers and manufacturers of alcohol to
be used solely for fuel as long as the manufacturers and distillers are the holders of an appropriate permit issued under
federal law. [1981 c 179 § 1; 1980 c 140 § 2.]
66.12.140
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
(2006 Ed.)
66.12.140 Use of alcoholic beverages in culinary, restaurant, or food fermentation courses. (1) Nothing in this
[Title 66 RCW—page 13]
66.12.150
Title 66 RCW: Alcoholic Beverage Control
title shall prevent the use of beer, wine, and/or spirituous
liquor, for cooking purposes only, in conjunction with a culinary or restaurant course offered by a college, university,
community college, area vocational technical institute, or private vocational school. Further, nothing in this title shall prohibit the making of beer or wine in food fermentation courses
offered by a college, university, community college, area
vocational technical institute, or private vocational school.
(2) "Culinary or restaurant course" as used in this section
means a course of instruction which includes practical experience in food preparation under the supervision of an
instructor who is twenty-one years of age or older.
(3) Persons under twenty-one years of age participating
in culinary or restaurant courses may handle beer, wine, or
spirituous liquor for purposes of participating in the courses,
but nothing in this section shall be construed to authorize
consumption of liquor by persons under twenty-one years of
age or to authorize possession of liquor by persons under
twenty-one years of age at any time or place other than while
preparing food under the supervision of the course instructor.
(4) Beer, wine, and/or spirituous liquor to be used in
culinary or restaurant courses shall be purchased at retail
from the board or a retailer licensed under this title. All such
liquor shall be securely stored in the food preparation area
and shall not be displayed in an area open to the general public.
(5) Colleges, universities, community colleges, area
vocational technical institutes, and private vocational schools
shall obtain the prior written approval of the board for use of
beer, wine, and/or spirituous liquor for cooking purposes in
their culinary or restaurant courses. [1982 c 85 § 8.]
amount not to exceed the limit established in RCW 69.04.240 presents no
threat to the public health and safety." [1984 c 78 § 1.]
Severability—1984 c 78: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1984 c 78 § 7.]
66.12.170
66.12.170 Obtaining liquor for manufacturing confections or food products. Nothing in this title shall be construed as limiting the right of any manufacturer of confections or food products from obtaining liquor from any source
whatsoever if: (1) It is acquired pursuant to a permit issued
under RCW 66.20.010(5); and (2) the applicable taxes
imposed by this title are paid. [1984 c 78 § 4.]
Finding and declaration—Severability—1984 c 78: See notes following RCW 66.12.160.
66.12.180
66.12.180 Wine commission—Wine donations—Promotional activities. The Washington wine commission created under RCW 15.88.030 may purchase or receive donations of wine from wineries and may use such wine for promotional purposes. Wine furnished to the commission under
this section which is used within the state is subject to the
taxes imposed under RCW 66.24.210. No license, permit, or
bond is required of the Washington wine commission under
this title for promotional activities conducted under chapter
15.88 RCW. [1993 c 160 § 1; 1987 c 452 § 14.]
Effective date—1993 c 160: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 160 § 3.]
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
66.12.150
66.12.150 Beer or wine offered by hospital or nursing
home for consumption on the premises. Nothing in this
title shall apply to or prevent a hospital, as defined in *RCW
70.39.020, or a nursing home as defined in RCW 18.51.010,
from offering or supplying without charge beer or wine by
the individual glass to any patient, member of a patient’s
family, or patient visitor, for consumption on the premises:
PROVIDED, That such patient, family member, or visitor
shall be at least twenty-one years of age, and that the beer or
wine shall be purchased under this title. [1982 c 85 § 9.]
*Reviser’s note: RCW 70.39.020 was repealed by 1982 c 223 § 10,
effective June 30, 1990.
66.12.160
66.12.160 Manufacture or sale of confections or food
containing liquor. Nothing in this title shall apply to or prevent the manufacture or sale of confections or food products
containing alcohol or liquor if: (1) The confection or food
product does not contain more than one percent of alcohol by
weight; and (2) the confection or food product has a label
stating: "This product contains liquor and the alcohol content
is one percent or less of the weight of the product." Manufacturers of confections or food products are not required to
obtain a license under this title. [1984 c 78 § 3.]
Finding and declaration—1984 c 78: "The legislature finds that confectioners operating in the state are at an economic disadvantage due to a
continued prohibition on the use of natural alcohol flavor in candies and that
other related business entities, such as bakeries and delicatessens, may use
natural alcohol flavors in the preparation of food for retail sale. Therefore,
the legislature declares that the use of natural alcohol flavorings in an
[Title 66 RCW—page 14]
66.12.185
66.12.185 Beer commission—Beer or malt donations—Promotional activities. The Washington beer commission created under RCW 15.89.030 may purchase or
receive donations of beer or malt beverages from any brewery, in any state, or in any country and may use such beer or
malt beverages for any promotional purposes as outlined in
RCW 15.89.070. Beer and malt beverages that are furnished
to the commission under this section that are used within the
state are subject to the taxes imposed under RCW 66.24.290.
No license, permit, or bond is required of the Washington
beer commission under this title for promotional activities
conducted under chapter 15.89 RCW. [2006 c 330 § 23.]
Construction—Severability—2006 c 330: See RCW 15.89.900 and
15.89.901.
Chapter 66.16
Chapter 66.16 RCW
STATE LIQUOR STORES
Sections
66.16.010
66.16.040
66.16.041
66.16.050
66.16.060
66.16.070
66.16.080
Board may establish—Price standards—Prices in special
instances.
Sales of liquor by employees—Identification cards—Permit
holders—Sales for cash—Exception.
Credit and debit card purchases—Rules—Provision, installation, maintenance of equipment by board—Consideration of
offsetting liquor revolving fund balance reduction.
Sale of beer and wine to person licensed to sell.
Sealed packages may be required, exception.
Liquor cannot be opened or consumed on store premises.
Sunday closing.
(2006 Ed.)
State Liquor Stores
66.16.090
66.16.100
66.16.110
66.16.120
Record of individual purchases confidential—Penalty for disclosure.
Fortified wine sales.
Birth defects from alcohol—Warning required.
Employees working on Sabbath.
66.16.010
66.16.010 Board may establish—Price standards—
Prices in special instances. (1) There shall be established at
such places throughout the state as the liquor control board,
constituted under this title, shall deem advisable, stores to be
known as "state liquor stores," for the sale of liquor in accordance with the provisions of this title and the regulations:
PROVIDED, That the prices of all liquor shall be fixed by the
board from time to time so that the net annual revenue
received by the board therefrom shall not exceed thirty-five
percent. Effective no later than July 1, 2005, the liquor control board shall add an equivalent surcharge of $0.42 per liter
on all retail sales of spirits, excluding licensee, military, and
tribal sales. The intent of this surcharge is to raise revenue
for the general fund-state for the 2003-2005 and 2005-2007
bienniums. The board shall remove the surcharge June 30,
2007.
(2) The liquor control board may, from time to time, fix
the special price at which pure ethyl alcohol may be sold to
physicians and dentists and institutions regularly conducted
as hospitals, for use or consumption only in such hospitals;
and may also fix the special price at which pure ethyl alcohol
may be sold to schools, colleges and universities within the
state for use for scientific purposes. Regularly conducted
hospitals may have right to purchase pure ethyl alcohol on a
federal permit.
(3) The liquor control board may also fix the special
price at which pure ethyl alcohol may be sold to any department, branch or institution of the state of Washington, federal
government, or to any person engaged in a manufacturing or
industrial business or in scientific pursuits requiring alcohol
for use therein.
(4) The liquor control board may also fix a special price
at which pure ethyl alcohol may be sold to any private individual, and shall make regulations governing such sale of
alcohol to private individuals as shall promote, as nearly as
may be, the minimum purchase of such alcohol by such persons. [2005 c 518 § 935; 2003 1st sp.s. c 25 § 928; 1939 c
172 § 10; 1937 c 62 § 1; 1933 ex.s. c 62 § 4; RRS § 7306-4.
Formerly RCW 66.16.010 and 66.16.020.]
Severability—Effective date—2005 c 518: See notes following RCW
28A.305.210.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
66.16.040
66.16.040 Sales of liquor by employees—Identification cards—Permit holders—Sales for cash—Exception.
Except as otherwise provided by law, an employee in a state
liquor store or contract liquor store may sell liquor to any person of legal age to purchase alcoholic beverages and may also
sell to holders of permits such liquor as may be purchased
under such permits.
Where there may be a question of a person’s right to purchase liquor by reason of age, such person shall be required
to present any one of the following officially issued cards of
identification which shows his/her correct age and bears
his/her signature and photograph:
(2006 Ed.)
66.16.041
(1) Driver’s license, instruction permit or identification
card of any state or province of Canada, or "identicard"
issued by the Washington state department of licensing pursuant to RCW 46.20.117.
(2) United States armed forces identification card issued
to active duty, reserve, and retired personnel and the personnel’s dependents, which may include an imbedded, digital
signature in lieu of a visible signature.
(3) Passport.
(4) Merchant Marine identification card issued by the
United States Coast Guard.
(5) Enrollment card issued by the governing authority of
a federally recognized Indian tribe located in Washington, if
the enrollment card incorporates security features comparable to those implemented by the department of licensing for
Washington drivers’ licenses. At least ninety days prior to
implementation of an enrollment card under this subsection,
the appropriate tribal authority shall give notice to the board.
The board shall publish and communicate to licensees
regarding the implementation of each new enrollment card.
The board may adopt such regulations as it deems proper
covering the cards of identification listed in this section.
No liquor sold under this section shall be delivered until
the purchaser has paid for the liquor in cash, except as
allowed under RCW 66.16.041. The use of a personal credit
card does not rely upon the credit of the state as prohibited by
Article VIII, section 5 of the state Constitution. [2005 c 206
§ 1; 2005 c 151 § 5; 2005 c 102 § 1; 2004 c 61 § 1; 1996 c 291
§ 1; 1995 c 16 § 1; 1981 1st ex.s. c 5 § 8; 1979 c 158 § 217;
1973 1st ex.s. c 209 § 3; 1971 ex.s. c 15 § 1; 1959 c 111 § 1;
1933 ex.s. c 62 § 7; RRS § 7306-7.]
Reviser’s note: This section was amended by 2005 c 102 § 1, 2005 c
151 § 5, and by 2005 c 206 § 1, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 ex.s. c 15: "The effective date of this 1971 amendatory act is July 1, 1971." [1971 ex.s. c 15 § 8.]
Renewal driver’s license accepted as proper identification: RCW 46.20.185.
66.16.041
66.16.041 Credit and debit card purchases—Rules—
Provision, installation, maintenance of equipment by
board—Consideration of offsetting liquor revolving fund
balance reduction. (1) The state liquor control board shall
accept bank credit card and debit cards for purchases in state
liquor stores, under such rules as the board may adopt. The
board shall authorize contract liquor stores appointed under
RCW 66.08.050 to accept bank credit cards and debit cards
for liquor purchases under this title, under such rules as the
board may adopt.
(2) If a contract liquor store chooses to use credit or debit
cards for liquor purchases, the board shall provide equipment
and installation and maintenance of the equipment necessary
to implement the use of credit and debit cards. Any equipment provided by the board to a contract liquor store for this
purpose may be used only for the purchase of liquor. [2005 c
151 § 6; 2004 c 63 § 2; 1998 c 265 § 3; 1997 c 148 § 2; 1996
c 291 § 2.]
[Title 66 RCW—page 15]
66.16.050
Title 66 RCW: Alcoholic Beverage Control
Intent—1998 c 265: "It is the intent of the legislature that expenditures
associated with the implementation of using credit and debit cards in state
liquor stores and agency liquor vendor stores not have a negative impact to
the liquor revolving fund balance and that transfers to the state general fund,
the cities, and the counties not be reduced because of these costs." [1998 c
265 § 1.]
66.16.050
66.16.050 Sale of beer and wine to person licensed to
sell. An employee may sell beer and wines to any licensee
holding a license to sell under this title in accordance with the
terms of said license. [1933 ex.s. c 62 § 8; RRS § 7306-8.]
including fetal alcohol syndrome and fetal alcohol effects.
[1993 c 422 § 2.]
Reviser’s note: 1993 c 422 directed that this section be added to chapter 66.08 RCW. This section has been codified in chapter 66.16 RCW, which
relates more directly to liquor stores.
Finding—1993 c 422: "The United States surgeon general warns that
women should not drink alcoholic beverages during pregnancy because of
the risk of birth defects. The legislature finds that these defects include fetal
alcohol syndrome, a birth defect that causes permanent antisocial behavior in
the sufferer, disrupts the functions of his or her family, and, at an alarmingly
increasing rate, extracts a safety and fiscal toll on society." [1993 c 422 § 1.]
Intent—1993 c 422: See RCW 70.83C.005.
66.16.060
66.16.060 Sealed packages may be required, exception. The board may in its discretion by regulation prescribe
that any or all liquors other than malt liquor shall be delivered
to any purchaser at a state liquor store only in a package
sealed with the official seal. [1943 c 216 § 1; 1933 ex.s. c 62
§ 9; RRS § 7306-9.]
66.16.120
66.16.120 Employees working on Sabbath. Employees in state liquor stores, including agency vendor liquor
stores, may not be required to work on their Sabbath for the
purpose of selling liquor if doing so would violate their religious beliefs. [2005 c 231 § 5.]
Severability—2005 c 231: See note following RCW 66.08.165.
66.16.070
66.16.070 Liquor cannot be opened or consumed on
store premises. No employee in a state liquor store shall
open or consume, or allow to be opened or consumed any
liquor on the store premises. [1933 ex.s. c 62 § 10; RRS §
7306-10.]
66.16.080
66.16.080 Sunday closing.
Reviser’s note: RCW 66.16.080 was amended by 2005 c 151 § 7 without reference to its repeal by 2005 c 231 § 6. It has been decodified for publication purposes under RCW 1.12.025.
Chapter 66.20
Sections
66.20.010
66.20.020
66.20.040
66.20.060
66.20.070
66.20.080
66.16.090
66.16.090 Record of individual purchases confidential—Penalty for disclosure. All records whatsoever of the
board showing purchases by any individual of liquor shall be
deemed confidential, and, except subject to audit by the state
auditor, shall not be permitted to be inspected by any person
whatsoever, except by employees of the board to the extent
permitted by the regulations; and no member of the board and
no employee whatsoever shall give out any information concerning such records and neither such records nor any information relative thereto which shall make known the name of
any individual purchaser shall be competent to be admitted as
evidence in any court or courts except in prosecutions for illegal possession of and/or sale of liquor. Any person violating
the provisions of this section shall be guilty of a misdemeanor. [1933 ex.s. c 62 § 89; RRS § 7306-89.]
66.16.100
66.16.100 Fortified wine sales. No state liquor store in
a county with a population over three hundred thousand may
sell fortified wine if the board finds that the sale would be
against the public interest based on the factors in RCW
66.24.360. The burden of establishing that the sale would be
against the public interest is on those persons objecting.
[1997 c 321 § 42; 1987 c 386 § 5.]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.16.110
66.16.110 Birth defects from alcohol—Warning
required. The board shall cause to be posted in conspicuous
places, in a number determined by the board, within each
state liquor store, notices in print not less than one inch high
warning persons that consumption of alcohol shortly before
conception or during pregnancy may cause birth defects,
[Title 66 RCW—page 16]
Chapter 66.20 RCW
LIQUOR PERMITS
66.20.085
66.20.090
66.20.100
66.20.110
66.20.120
66.20.140
66.20.150
66.20.160
66.20.170
66.20.180
66.20.190
66.20.200
66.20.210
66.20.300
66.20.310
66.20.320
66.20.330
66.20.340
66.20.350
66.20.360
66.20.365
66.20.370
66.20.375
66.20.380
66.20.385
66.20.390
Permits classified—Issuance—Fees.
Permits not transferable—False name or address prohibited—
Sacramental liquor, wine.
Applicant must sign permit.
Duration.
Suspension or cancellation.
Surrender of suspended or canceled permit—New permit,
when.
License suspension—Noncompliance with support order—
Reissuance.
Retaining permits wrongfully presented.
Physician may prescribe or administer liquor—Penalty.
Dentist may administer liquor—Penalty.
Hospital, etc., may administer liquor—Penalty.
Limitation on application after cancellation or suspension.
Purchases prohibited under canceled, suspended permit or
under another’s permit.
"Card of identification," "licensee," "store employee" defined
for certain purposes.
Card of identification may be accepted as identification card
and evidence of legal age.
Card of identification to be presented on request of licensee.
Identification card holder may be required to sign certification
card—Contents—Procedure—Statement.
Unlawful acts relating to identification or certification card—
Penalties.
Licensee’s immunity to prosecution or suit—Certification
card as evidence of good faith.
Alcohol servers—Definitions.
Alcohol servers—Permits—Requirements—Suspension,
revocation—Violations—Exemptions.
Alcohol servers—Education program—Fees—Issuance of
permits.
Alcohol servers—Rules.
Alcohol servers—Violation of rules—Penalties.
Alcohol servers—Deposit of fees.
Direct sale of wine to consumer—Holder of license to manufacture wine.
Direct sale of wine to consumer—Requirements for wineries.
Direct sale of wine to consumer—Wine shipper’s permit—
Requirements.
Direct sale of wine to consumer—Labeling and private carrier
requirements.
Direct sale of wine to consumer—Monthly reporting—Display of permit or license number.
Direct sale of wine to consumer—Fee for wine shipper’s permit.
Direct sale of wine to consumer—Consent to jurisdiction—
Revocation or suspension of permit.
(2006 Ed.)
Liquor Permits
66.20.010
66.20.010 Permits classified—Issuance—Fees. Upon
application in the prescribed form being made to any
employee authorized by the board to issue permits, accompanied by payment of the prescribed fee, and upon the
employee being satisfied that the applicant should be granted
a permit under this title, the employee shall issue to the applicant under such regulations and at such fee as may be prescribed by the board a permit of the class applied for, as follows:
(1) Where the application is for a special permit by a
physician or dentist, or by any person in charge of an institution regularly conducted as a hospital or sanitorium for the
care of persons in ill health, or as a home devoted exclusively
to the care of aged people, a special liquor purchase permit;
(2) Where the application is for a special permit by a person engaged within the state in mechanical or manufacturing
business or in scientific pursuits requiring alcohol for use
therein, or by any private individual, a special permit to purchase alcohol for the purpose named in the permit;
(3) Where the application is for a special permit to consume liquor at a banquet, at a specified date and place, a special permit to purchase liquor for consumption at such banquet, to such applicants as may be fixed by the board;
(4) Where the application is for a special permit to consume liquor on the premises of a business not licensed under
this title, a special permit to purchase liquor for consumption
thereon for such periods of time and to such applicants as
may be fixed by the board;
(5) Where the application is for a special permit by a
manufacturer to import or purchase within the state alcohol,
malt, and other materials containing alcohol to be used in the
manufacture of liquor, or other products, a special permit;
(6) Where the application is for a special permit by a person operating a drug store to purchase liquor at retail prices
only, to be thereafter sold by such person on the prescription
of a physician, a special liquor purchase permit;
(7) Where the application is for a special permit by an
authorized representative of a military installation operated
by or for any of the armed forces within the geographical
boundaries of the state of Washington, a special permit to
purchase liquor for use on such military installation at prices
to be fixed by the board;
(8) Where the application is for a special permit by a
manufacturer, importer, or distributor, or representative
thereof, to serve liquor without charge to delegates and guests
at a convention of a trade association composed of licensees
of the board, when the said liquor is served in a hospitality
room or from a booth in a board-approved suppliers’ display
room at the convention, and when the liquor so served is for
consumption in the said hospitality room or display room
during the convention, anything in Title 66 RCW to the contrary notwithstanding. Any such spirituous liquor shall be
purchased from the board or a spirits, beer, and wine restaurant licensee and any such beer and wine shall be subject to
the taxes imposed by RCW 66.24.290 and 66.24.210;
(9) Where the application is for a special permit by a
manufacturer, importer, or distributor, or representative
thereof, to donate liquor for a reception, breakfast, luncheon,
or dinner for delegates and guests at a convention of a trade
association composed of licensees of the board, when the
liquor so donated is for consumption at the said reception,
(2006 Ed.)
66.20.040
breakfast, luncheon, or dinner during the convention, anything in Title 66 RCW to the contrary notwithstanding. Any
such spirituous liquor shall be purchased from the board or a
spirits, beer, and wine restaurant licensee and any such beer
and wine shall be subject to the taxes imposed by RCW
66.24.290 and 66.24.210;
(10) Where the application is for a special permit by a
manufacturer, importer, or distributor, or representative
thereof, to donate and/or serve liquor without charge to delegates and guests at an international trade fair, show, or exposition held under the auspices of a federal, state, or local governmental entity or organized and promoted by a nonprofit
organization, anything in Title 66 RCW to the contrary notwithstanding. Any such spirituous liquor shall be purchased
from the board and any such beer or wine shall be subject to
the taxes imposed by RCW 66.24.290 and 66.24.210;
(11) Where the application is for an annual special permit by a person operating a bed and breakfast lodging facility
to donate or serve wine or beer without charge to overnight
guests of the facility if the wine or beer is for consumption on
the premises of the facility. "Bed and breakfast lodging facility," as used in this subsection, means a hotel or similar facility offering from one to eight lodging units and breakfast to
travelers and guests. [1998 c 126 § 1; 1997 c 321 § 43; 1984
c 78 § 6; 1984 c 45 § 1; 1983 c 13 § 1; 1982 c 85 § 1; 1975’76 2nd ex.s. c 62 § 2; 1959 c 111 § 2; 1951 2nd ex.s. c 13 §
1; 1933 ex.s. c 62 § 12; RRS § 7306-12.]
Effective date—1998 c 126: "This act takes effect July 1, 1998." [1998
c 126 § 17.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Finding and declaration—Severability—1984 c 78: See notes following RCW 66.12.160.
66.20.020
66.20.020 Permits not transferable—False name or
address prohibited—Sacramental liquor, wine. (1) Every
permit shall be issued in the name of the applicant therefor,
and no permit shall be transferable, nor shall the holder of any
permit allow any other person to use the permit.
(2) No person shall apply in any false or fictitious name
for the issuance to him of a permit, and no person shall furnish a false or fictitious address in his application for a permit.
(3) Nothing in this title shall be construed as limiting the
right of any minister, priest or rabbi, or religious organization
from obtaining wine for sacramental purposes directly from
any source whatsoever, whether from within the limits of the
state of Washington or from outside the state; nor shall any
fee be charged, directly or indirectly, for the exercise of this
right. The board shall have the power and authority to make
reasonable rules and regulations concerning the importing of
any such liquor or wine, for the purpose of preventing any
unlawful use of such right. [1933 ex.s. c 62 § 13; RRS §
7306-13. Formerly RCW 66.12.100, 66.20.020, and
66.20.030.]
66.20.040
66.20.040 Applicant must sign permit. No permit
shall be valid or be accepted or used for the purchase of liquor
until the applicant for the permit has written his signature
thereon in the prescribed manner, for the purposes of identification as the holder thereof, in the presence of the employee
[Title 66 RCW—page 17]
66.20.060
Title 66 RCW: Alcoholic Beverage Control
to whom the application is made. [1933 ex.s. c 62 § 14; RRS
§ 7306-14.]
66.20.060
66.20.060 Duration. Every permit issued for use after
October 1, 1955, shall expire at midnight on the thirtieth day
of June of the fiscal year for which the permit was issued,
except special permits for banquets and special permits to
physicians, dentists, or persons in charge of an institution
regularly conducted as a hospital or sanatorium for the care of
persons in ill health, or as a home devoted exclusively to the
care of aged people. [1955 c 180 § 1; 1935 c 174 § 1; 1933
ex.s. c 62 § 16; RRS § 7306-16.]
66.20.070
66.20.070 Suspension or cancellation. Where the
holder of any permit issued under this title violates any provision of this title or of the regulations, or is an interdicted person, or is otherwise disqualified from holding a permit, the
board, upon proof to its satisfaction of the fact or existence of
such violation, interdiction, or disqualification, and in its discretion, may with or without any hearing, suspend the permit
and all rights of the holder thereunder for such period as the
board sees fit, or may cancel the permit. [1933 ex.s. c 62 §
17; RRS § 7306-17.]
66.20.090
66.20.090 Retaining permits wrongfully presented.
Where any permit is presented to an employee by a person
who is not the holder of the permit, or where any permit
which is suspended or canceled is presented to an employee,
the employee shall retain the permit in his custody and shall
forthwith notify the board of the fact of its retention. [1933
ex.s. c 62 § 19; RRS § 7306-19.]
66.20.100
66.20.100 Physician may prescribe or administer
liquor—Penalty. Any physician who deems liquor necessary for the health of a patient, whether an interdicted person
or not, whom he has seen or visited professionally may give
to the patient a prescription therefor, signed by the physician,
or the physician may administer the liquor to the patient, for
which purpose the physician may administer the liquor purchased by him under special permit and may charge for the
liquor so administered; but no prescription shall be given or
liquor be administered by a physician except to bona fide
patients in cases of actual need, and when in the judgment of
the physician the use of liquor as medicine in the quantity
prescribed or administered is necessary; and any physician
who administers liquor in evasion or violation of this title
shall be guilty of a violation of this title. [1933 ex.s. c 62 §
20; RRS § 7306-20.]
66.20.080
66.20.080 Surrender of suspended or canceled permit—New permit, when. Upon receipt of notice of the suspension or cancellation of his permit, the holder of the permit
shall forthwith deliver up the permit to the board. Where the
permit has been suspended only, the board shall return the
permit to the holder at the expiration or termination of the
period of suspension. Where the permit has been suspended
or canceled, no employee shall knowingly issue to the person
whose permit is suspended or canceled a permit under this
title until the end of the period of suspension or within the
period of one year from the date of cancellation. [1933 ex.s.
c 62 § 18; RRS § 7306-18.]
66.20.110
66.20.110 Dentist may administer liquor—Penalty.
Any dentist who deems it necessary that any patient then
under treatment by him should be supplied with liquor as a
stimulant or restorative may administer to the patient the
liquor so needed, and for that purpose the dentist shall administer liquor obtained by him under special permit pursuant to
this title, and may charge for the liquor so administered; but
no liquor shall be administered by a dentist except to bona
fide patients in cases of actual need; and every dentist who
administers liquor in evasion or violation of this title shall be
guilty of a violation of this title. [1933 ex.s. c 62 § 21; RRS
§ 7306-21.]
66.20.085
66.20.085 License suspension—Noncompliance with
support order—Reissuance. The board shall immediately
suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a
support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license
shall be automatic upon the board’s receipt of a release issued
by the department of social and health services stating that
the licensee is in compliance with the order. [1997 c 58 §
861.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
[Title 66 RCW—page 18]
66.20.120
66.20.120 Hospital, etc., may administer liquor—
Penalty. Any person in charge of an institution regularly
conducted as a hospital or sanatorium for the care of persons
in ill health, or as a home devoted exclusively to the care of
aged people, may, if he holds a special permit under this title
for that purpose, administer liquor purchased by him under
his special permit to any patient or inmate of the institution
who is in need of the same, either by way of external application or otherwise for medicinal purposes, and may charge for
the liquor so administered; but no liquor shall be administered by any person under this section except to bona fide
patients or inmates of the institution of which he is in charge
and in cases of actual need and every person in charge of an
institution who administers liquor in evasion or violation of
this title shall be guilty of a violation of this title. [1933 ex.s.
c 62 § 22; RRS § 7306-22.]
66.20.140
66.20.140 Limitation on application after cancellation or suspension. No person whose permit has been canceled within the period of twelve months next preceding, or is
suspended, shall make application to any employee under this
(2006 Ed.)
Liquor Permits
title for another permit. [1933 ex.s. c 62 § 40; RRS § 730640.]
66.20.150
66.20.150 Purchases prohibited under canceled, suspended permit or under another’s permit. No person shall
purchase or attempt to purchase liquor under a permit which
is suspended, or which has been canceled, or of which he is
not the holder. [1933 ex.s. c 62 § 41; RRS § 7306-41.]
66.20.160
66.20.160 "Card of identification," "licensee,"
"store employee" defined for certain purposes. Words
and phrases as used in RCW 66.20.160 to 66.20.210, inclusive, shall have the following meaning:
"Card of identification" means any one of those cards
described in RCW 66.16.040.
"Licensee" means the holder of a retail liquor license
issued by the board, and includes any employee or agent of
the licensee.
"Store employee" means a person employed in a state
liquor store to sell liquor. [2005 c 151 § 8; 1973 1st ex.s. c
209 § 4; 1971 ex.s. c 15 § 2; 1959 c 111 § 4; 1949 c 67 § 1;
Rem. Supp. 1949 § 7306-19A.]
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 ex.s. c 15: See note following RCW 66.16.040.
66.20.200
ment. In addition to the presentation by the holder and verification by the licensee or store employee of such card of
identification, the licensee or store employee who is still in
doubt about the true age of the holder shall require the person
whose age may be in question to sign a certification card and
record an accurate description and serial number of his card
of identification thereon. Such statement shall be upon a fiveinch by eight-inch file card, which card shall be filed alphabetically by the licensee or store employee at or before the
close of business on the day on which the statement is executed, in the file box containing a suitable alphabetical index
and the card shall be subject to examination by any peace
officer or agent or employee of the board at all times. The
certification card shall also contain in bold-face type a statement stating that the signer understands that conviction for
unlawful purchase of alcoholic beverages or misuse of the
certification card may result in criminal penalties including
imprisonment or fine or both. [1981 1st ex.s. c 5 § 9; 1975 1st
ex.s. c 173 § 4; 1973 1st ex.s. c 209 § 7; 1971 ex.s. c 15 § 5;
1959 c 111 § 7; 1949 c 67 § 4; Rem. Supp. 1949 § 7306-19D.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 ex.s. c 15: See note following RCW 66.16.040.
66.20.170
66.20.170 Card of identification may be accepted as
identification card and evidence of legal age. A card of
identification may for the purpose of this title and for the purpose of procuring liquor, be accepted as an identification card
by any licensee or store employee and as evidence of legal
age of the person presenting such card, provided the licensee
or store employee complies with the conditions and procedures prescribed herein and such regulations as may be made
by the board. [1973 1st ex.s. c 209 § 5; 1971 ex.s. c 15 § 3;
1959 c 111 § 5; 1949 c 67 § 2; Rem. Supp. 1949 § 7306-19B.]
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 ex.s. c 15: See note following RCW 66.16.040.
66.20.180
66.20.180 Card of identification to be presented on
request of licensee. A card of identification shall be presented by the holder thereof upon request of any licensee,
store employee, contract liquor store manager, contract liquor
store employee, peace officer, or enforcement officer of the
board for the purpose of aiding the licensee, store employee,
contract liquor store manager, contract liquor store employee,
peace officer, or enforcement officer of the board to determine whether or not such person is of legal age to purchase
liquor when such person desires to procure liquor from a
licensed establishment or state liquor store or contract liquor
store. [2005 c 151 § 9; 1973 1st ex.s. c 209 § 6; 1971 ex.s. c
15 § 4; 1959 c 111 § 6; 1949 c 67 § 3; Rem. Supp. 1949 §
7306-19C.]
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 ex.s. c 15: See note following RCW 66.16.040.
66.20.190
66.20.190 Identification card holder may be required
to sign certification card—Contents—Procedure—State(2006 Ed.)
66.20.200
66.20.200 Unlawful acts relating to identification or
certification card—Penalties. (1) It shall be unlawful for
the owner of a card of identification to transfer the card to any
other person for the purpose of aiding such person to procure
alcoholic beverages from any licensee or store employee.
Any person who shall permit his or her card of identification
to be used by another or transfer such card to another for the
purpose of aiding such transferee to obtain alcoholic beverages from a licensee or store employee or gain admission to a
premises or portion of a premises classified by the board as
off-limits to persons under twenty-one years of age, shall be
guilty of a misdemeanor punishable as provided by RCW
9A.20.021, except that a minimum fine of two hundred fifty
dollars shall be imposed and any sentence requiring community restitution shall require not fewer than twenty-five hours
of community restitution.
(2) Any person not entitled thereto who unlawfully procures or has issued or transferred to him or her a card of identification, and any person who possesses a card of identification not issued to him or her, and any person who makes any
false statement on any certification card required by RCW
66.20.190, to be signed by him or her, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021,
except that a minimum fine of two hundred fifty dollars shall
be imposed and any sentence requiring community restitution
shall require not fewer than twenty-five hours of community
restitution. [2003 c 53 § 295; 2002 c 175 § 41; 1994 c 201 §
1; 1987 c 101 § 4; 1973 1st ex.s. c 209 § 8; 1971 ex.s. c 15 §
6; 1969 ex.s. c 178 § 2; 1959 c 111 § 8; 1949 c 67 § 5; Rem.
Supp. 1949 § 7306-19E.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 175: See note following RCW 7.80.130.
[Title 66 RCW—page 19]
66.20.210
Title 66 RCW: Alcoholic Beverage Control
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 ex.s. c 15: See note following RCW 66.16.040.
Unlawful transfer to minor of age identification: RCW 66.44.325.
66.20.210 Licensee’s immunity to prosecution or
suit—Certification card as evidence of good faith. No licensee or the agent or employee of the licensee, or store
employee, shall be prosecuted criminally or be sued in any
civil action for serving liquor to a person under legal age to
purchase liquor if such person has presented a card of identification in accordance with RCW 66.20.180, and has signed
a certification card as provided in RCW 66.20.190.
Such card in the possession of a licensee may be offered
as a defense in any hearing held by the board for serving
liquor to the person who signed the card and may be considered by the board as evidence that the licensee acted in good
faith. [1973 1st ex.s. c 209 § 9; 1971 ex.s. c 15 § 7; 1959 c
111 § 9; 1949 c 67 § 6; Rem. Supp. 1949 § 7306-19F.]
66.20.210
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 ex.s. c 15: See note following RCW 66.16.040.
66.20.300
66.20.300 Alcohol servers—Definitions. Unless the
context clearly requires otherwise, the definitions in this section apply throughout RCW 66.20.310 through 66.20.350.
(1) "Alcohol" has the same meaning as "liquor" in RCW
66.04.010.
(2) "Alcohol server" means any person serving or selling
alcohol, spirits, wines, or beer for consumption at an on-premises retail licensed facility as a regular requirement of his or
her employment, and includes those persons eighteen years
of age or older permitted by the liquor laws of this state to
serve alcoholic beverages with meals.
(3) "Board" means the Washington state liquor control
board.
(4) "Training entity" means any liquor licensee associations, independent contractors, private persons, and private or
public schools, that have been certified by the board.
(5) "Retail licensed premises" means any premises
licensed to sell alcohol by the glass or by the drink, or in original containers primarily for consumption on the premises as
authorized by RCW 66.24.320, 66.24.330, 66.24.350,
66.24.400, 66.24.425, 66.24.450, and 66.24.570. [1997 c 321
§ 44; 1996 c 218 § 2; 1995 c 51 § 2.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Findings—1995 c 51: "The legislature finds that education of alcohol
servers on issues such as the physiological effects of alcohol on consumers,
liability and legal implications of serving alcohol, driving while intoxicated,
and methods of intervention with the problem customer are important in protecting the health and safety of the public. The legislature further finds that it
is in the best interest of the citizens of the state of Washington to have an
alcohol server education program." [1995 c 51 § 1.]
66.20.310 Alcohol servers—Permits—Requirements—Suspension, revocation—Violations—Exemptions. (1)(a) There shall be an alcohol server permit, known
as a class 12 permit, for a manager or bartender selling or
mixing alcohol, spirits, wines, or beer for consumption at an
on-premises licensed facility.
(b) There shall be an alcohol server permit, known as a
class 13 permit, for a person who only serves alcohol, spirits,
66.20.310
[Title 66 RCW—page 20]
wines, or beer for consumption at an on-premises licensed
facility.
(c) As provided by rule by the board, a class 13 permit
holder may be allowed to act as a bartender without holding a
class 12 permit.
(2)(a) Effective January 1, 1997, except as provided in
(d) of this subsection, every person employed, under contract
or otherwise, by an annual retail liquor licensee holding a
license as authorized by RCW 66.24.320, 66.24.330,
66.24.350, 66.24.400, 66.24.425, 66.24.450, or 66.24.570,
who as part of his or her employment participates in any manner in the sale or service of alcoholic beverages shall have
issued to them a class 12 or class 13 permit.
(b) Every class 12 and class 13 permit issued shall be
issued in the name of the applicant and no other person may
use the permit of another permit holder. The holder shall
present the permit upon request to inspection by a representative of the board or a peace officer. The class 12 or class 13
permit shall be valid for employment at any retail licensed
premises described in (a) of this subsection.
(c) No licensee described in (a) of this subsection, except
as provided in (d) of this subsection, may employ or accept
the services of any person without the person first having a
valid class 12 or class 13 permit.
(d) Within sixty days of initial employment, every person whose duties include the compounding, sale, service, or
handling of liquor shall have a class 12 or class 13 permit.
(e) No person may perform duties that include the sale or
service of alcoholic beverages on a retail licensed premises
without possessing a valid alcohol server permit.
(3) A permit issued by a training entity under this section
is valid for employment at any retail licensed premises
described in subsection (2)(a) of this section for a period of
five years unless suspended by the board.
(4) The board may suspend or revoke an existing permit
if any of the following occur:
(a) The applicant or permittee has been convicted of violating any of the state or local intoxicating liquor laws of this
state or has been convicted at any time of a felony; or
(b) The permittee has performed or permitted any act
that constitutes a violation of this title or of any rule of the
board.
(5) The suspension or revocation of a permit under this
section does not relieve a licensee from responsibility for any
act of the employee or agent while employed upon the retail
licensed premises. The board may, as appropriate, revoke or
suspend either the permit of the employee who committed the
violation or the license of the licensee upon whose premises
the violation occurred, or both the permit and the license.
(6)(a) After January 1, 1997, it is a violation of this title
for any retail licensee or agent of a retail licensee as described
in subsection (2)(a) of this section to employ in the sale or
service of alcoholic beverages, any person who does not have
a valid alcohol server permit or whose permit has been
revoked, suspended, or denied.
(b) It is a violation of this title for a person whose alcohol
server permit has been denied, suspended, or revoked to
accept employment in the sale or service of alcoholic beverages.
(7) Grocery stores licensed under RCW 66.24.360, the
primary commercial activity of which is the sale of grocery
(2006 Ed.)
Liquor Permits
products and for which the sale and service of beer and wine
for on-premises consumption with food is incidental to the
primary business, and employees of such establishments, are
exempt from RCW 66.20.300 through 66.20.350. [1997 c
321 § 45. Prior: 1996 c 311 § 1; 1996 c 218 § 3; 1995 c 51 §
3.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Findings—1995 c 51: See note following RCW 66.20.300.
66.20.320
66.20.320 Alcohol servers—Education program—
Fees—Issuance of permits. (1) The board shall regulate a
required alcohol server education program that includes:
(a) Development of the curriculum and materials for the
education program;
(b) Examination and examination procedures;
(c) Certification procedures, enforcement policies, and
penalties for education program instructors and providers;
(d) The curriculum for an approved class 12 alcohol permit training program that includes but is not limited to the
following subjects:
(i) The physiological effects of alcohol including the
effects of alcohol in combination with drugs;
(ii) Liability and legal information;
(iii) Driving while intoxicated;
(iv) Intervention with the problem customer, including
ways to stop service, ways to deal with the belligerent customer, and alternative means of transportation to get the customer safely home;
(v) Methods for checking proper identification of customers;
(vi) Nationally recognized programs, such as TAM
(Techniques in Alcohol Management) and TIPS (Training for
Intervention Programs) modified to include Washington laws
and regulations.
(2) The board shall provide the program through liquor
licensee associations, independent contractors, private persons, private or public schools certified by the board, or any
combination of such providers.
(3) Each training entity shall provide a class 12 permit to
the manager or bartender who has successfully completed a
course the board has certified. A list of the individuals receiving the class 12 permit shall be forwarded to the board on the
completion of each course given by the training entity.
(4) After January 1, 1997, the board shall require all
alcohol servers applying for a class 13 alcohol server permit
to view a video training session. Retail liquor licensees shall
fully compensate employees for the time spent participating
in this training session.
(5) When requested by a retail liquor licensee, the board
shall provide copies of videotaped training programs that
have been produced by private vendors and make them available for a nominal fee to cover the cost of purchasing and
shipment, with the fees being deposited in the liquor revolving fund for distribution to the board as needed.
(6) Each training entity may provide the board with a
video program of not less than one hour that covers the subjects in subsection (1)(d)(i) through (v) of this section that
will be made available to a licensee for the training of a class
13 alcohol server.
(2006 Ed.)
66.20.365
(7) Applicants shall be given a class 13 permit upon the
successful completion of the program.
(8) A list of the individuals receiving the class 13 permit
shall be forwarded to the board on the completion of each
video training program.
(9) The board shall develop a model permit for the class
12 and 13 permits. The board may provide such permits to
training entities or licensees for a nominal cost to cover production.
(10)(a) Persons who have completed a nationally recognized alcohol management or intervention program since
July 1, 1993, may be issued a class 12 or 13 permit upon providing proof of completion of such training to the board.
(b) Persons who completed the board’s alcohol server
training program after July 1, 1993, but before July 1, 1995,
may be issued a class 13 permit upon providing proof of completion of such training to the board. [1996 c 311 § 2; 1995 c
51 § 4.]
Findings—1995 c 51: See note following RCW 66.20.300.
66.20.330
66.20.330 Alcohol servers—Rules. The board shall
adopt rules to implement RCW 66.20.300 through 66.20.350
including, but not limited to, procedures and grounds for
denying, suspending, or revoking permits. [1995 c 51 § 5.]
Findings—1995 c 51: See note following RCW 66.20.300.
66.20.340
66.20.340 Alcohol servers—Violation of rules—Penalties. A violation of any of the rules of the board adopted to
implement RCW 66.20.300 through 66.20.350 is a misdemeanor, punishable by a fine of not more than two hundred
fifty dollars for a first offense. A subsequent offense is punishable by a fine of not more than five hundred dollars, or
imprisonment for not more than ninety days, or both the fine
and imprisonment. [1995 c 51 § 6.]
Findings—1995 c 51: See note following RCW 66.20.300.
66.20.350
66.20.350 Alcohol servers—Deposit of fees. Fees collected by the board under RCW 66.20.300 through 66.20.350
shall be deposited in the liquor revolving fund in accordance
with RCW 66.08.170. [1995 c 51 § 7.]
Findings—1995 c 51: See note following RCW 66.20.300.
66.20.360
66.20.360 Direct sale of wine to consumer—Holder of
license to manufacture wine. The holder of a license to
manufacture wine issued by this state or another state may
ship its wine to a person who is a resident of Washington and
is twenty-one years of age or older for that person’s personal
use and not for resale. [2006 c 49 § 1.]
66.20.365
66.20.365 Direct sale of wine to consumer—Requirements for wineries. Before wine may be shipped by a
domestic winery or an out-of-state winery to a person who is
a resident of Washington, the winery must:
(1) Obtain a wine shipper’s permit under procedures prescribed by the board by rule and pay a fee established by the
board, if the winery is located outside the state; or
(2) Be licensed as a domestic winery by the board and
have paid the annual license fee. [2006 c 49 § 2.]
[Title 66 RCW—page 21]
66.20.370
Title 66 RCW: Alcoholic Beverage Control
66.20.370
66.20.370 Direct sale of wine to consumer—Wine
shipper’s permit—Requirements. (1) An applicant for a
wine shipper’s permit under RCW 66.20.365 must:
(a) Operate a winery located in the United States;
(b) Provide the board a copy of its valid license to manufacture wine issued by another state;
(c) Certify that it holds all state and federal licenses and
permits necessary to operate a winery; and
(d) Register with the department of revenue under RCW
82.32.030.
(2) Holders of a winery certificate of approval under
RCW 66.24.206(1)(a) are deemed to hold a wine shipper’s
permit without further application or fee, if the holder meets
all requirements for a wine shipper’s permit. A winery certificate of approval holder who wants to ship wine under its
wine shipper’s permit privilege must notify the liquor control
board in a manner determined by the board before shipping
any wine to a Washington consumer.
(3) Holders of a wine shipper’s permit must:
(a) Pay the tax under RCW 66.24.210 for sales of wine to
Washington state residents; and
(b) Collect and remit to the department of revenue all
applicable state and local sales and use taxes imposed by or
under the authority of chapters 82.08, 82.12, and 82.14 RCW
on all sales of wine delivered to buyers in this state, regardless of whether the permit holder has a physical presence in
this state. [2006 c 49 § 3.]
66.20.390
66.20.390 Direct sale of wine to consumer—Consent
to jurisdiction—Revocation or suspension of permit. (1)
Holders of a wine shipper’s permit are deemed to have consented to the jurisdiction of Washington concerning enforcement of chapter 49, Laws of 2006 and all laws, rules, and regulations related to the shipment of wine from wine manufacturers directly to consumers.
(2)(a) A permit issued under chapter 49, Laws of 2006 to
a wine manufacturer located outside this state who fails to
comply with the provisions of chapter 49, Laws of 2006 shall
be suspended or revoked.
(b) The privilege to ship wine directly to Washington
consumers under a domestic winery license shall be suspended or revoked if the domestic winery fails to comply
with the provisions of chapter 49, Laws of 2006. [2006 c 49
§ 7.]
Chapter 66.24
Sections
66.24.010
66.24.012
66.24.015
66.24.025
66.20.375
66.20.375 Direct sale of wine to consumer—Labeling
and private carrier requirements. (1) A domestic winery
or a wine shipper’s permit holder must clearly label all wine
cases or outside shipping packages of wine sent into or out of
this state under chapter 49, Laws of 2006 to indicate that the
package cannot be delivered to a person under twenty-one
years of age or to an intoxicated person.
(2) A domestic winery or a wine shipper’s permit holder
must ensure that the private carrier used to deliver wine (a)
obtains the signature of the person who receives the wine
upon delivery, (b) verifies the age of the recipient, and (c)
verifies that the recipient does not appear intoxicated at the
time of delivery. [2006 c 49 § 4.]
66.20.380
66.20.380 Direct sale of wine to consumer—Monthly
reporting—Display of permit or license number. (1) A
wine shipper’s permit holder and a domestic winery must
report to the board, on or before the twentieth day of each
month, all shipments of wine made during the preceding calendar month directly to Washington consumers under a wine
shipper’s permit or a domestic winery license in effect for all
or any portion of the preceding year. All reports will be on
forms prescribed by the board.
(2) A wine shipper’s permit holder, a winery certificate
of approval holder, or domestic winery who advertises or
offers wine for direct shipment to customers within this state
must clearly and conspicuously display the permit or license
number in its advertising. [2006 c 49 § 5.]
66.20.385
66.20.385 Direct sale of wine to consumer—Fee for
wine shipper’s permit. A fee for a wine shipper’s permit
may be established by the board. [2006 c 49 § 6.]
[Title 66 RCW—page 22]
Chapter 66.24 RCW
LICENSES—STAMP TAXES
66.24.120
66.24.140
66.24.150
66.24.160
66.24.170
66.24.185
66.24.200
66.24.203
66.24.206
66.24.210
66.24.215
66.24.230
66.24.240
66.24.244
66.24.250
66.24.261
66.24.270
66.24.290
66.24.305
66.24.310
66.24.320
66.24.330
66.24.350
66.24.354
Issuance, transferability, refusal, suspension, or cancellation—
Grounds, hearings, procedure—Rules—Duration of licenses
or certificates of approval—Conditions and restrictions—
Posting—Notice to local authorities—Proximity to
churches, schools, etc.—Temporary licenses.
License suspension—Noncompliance with support order—
Reissuance.
Nonrefundable application fee for retail license.
Transfer of license—Fee—Exception—Corporate changes,
approval—Fee.
Vacation of suspension on payment of penalty.
Distiller’s license—Fee.
Manufacturer’s license—Scope—Fee.
Liquor importer’s license—Fee.
Domestic winery license—Winery as distributor and/or
retailer of own wine—Off-premise samples—Domestic
wine made into sparkling wine—Sales at qualifying farmers
markets.
Bonded wine warehouse storage license—Qualifications and
requirements—Fee.
Wine distributor’s license—Fee.
Wine importer’s license—Principal office—Report—
Labels—Fee.
Out-of-state winery—Certificate of approval—Fee.
Imposition of taxes on sales of wine and cider—Additional
taxes—Distributions.
Levy of assessment on wine producers and growers to fund
wine commission—Assessment rate changes—Procedures—Disbursement—Continuation.
Monthly reports of domestic winery, wine certificate of
approval holder, wine importer, and wine distributor—Prohibited, authorized sales.
Domestic brewery’s license—Fee—Distribution and/or
retail—Contract-production—Sales at qualifying farmers
markets.
Microbrewery’s license—Fee.
Beer distributor’s license—Fee.
Beer importer’s license—Principal office—Report—Labels—
Fee.
Manufacturer’s monthly report of malt liquor or strong beer
sales—Certificate of approval—Report for out-of-state or
imported beer—Fee.
Authorized, prohibited sales—Monthly reports—Added tax—
Distribution—Late payment penalty—Additional taxes, purposes.
Refunds of taxes on unsalable wine and beer.
Representative’s license—Qualifications—Conditions and
restrictions—Fee.
Beer and/or wine restaurant license—Containers—Fee—
Caterer’s endorsement.
Tavern license—Fees.
Snack bar license—Fee.
Combined license—Sale of beer and wine for consumption on
and off premises—Conditions—Fee.
(2006 Ed.)
Licenses—Stamp Taxes
66.24.360
66.24.371
66.24.375
66.24.380
66.24.395
66.24.400
66.24.410
66.24.420
66.24.425
66.24.440
66.24.450
66.24.452
66.24.455
66.24.480
66.24.481
66.24.495
66.24.520
66.24.530
66.24.540
66.24.550
66.24.570
66.24.580
Grocery store license—Fees—Restricted license—Determination of public interest—Inventory—International export
endorsement.
Beer and/or wine specialty shop license—Fee—Samples—
Restricted license—Determination of public interest—
Inventory.
"Society or organization" defined for certain purposes.
Special occasion license—Fee—Penalty.
Interstate common carrier’s licenses—Class CCI—Fees—
Scope.
Liquor by the drink, spirits, beer, and wine restaurant
license—Liquor by the bottle for hotel or club guests—
Removing unconsumed liquor, when.
Liquor by the drink, spirits, beer, and wine restaurant
license—Terms defined.
Liquor by the drink, spirits, beer, and wine restaurant
license—Schedule of fees—Location—Number of
licenses—Caterer’s endorsement.
Liquor by the drink, spirits, beer, and wine restaurant
license—Restaurants not serving the general public.
Liquor by the drink, spirits, beer, and wine restaurant, spirits,
beer, and wine private club, and sports entertainment facility
license—Purchase of liquor by licensees—Discount.
Liquor by the drink, spirits, beer, and wine private club
license—Qualifications—Fee.
Private club beer and wine license—Fee.
Bowling establishments—Extension of premises to concourse
and lane areas—Beer and/or wine restaurant, tavern, snack
bar, spirits, beer, and wine restaurant, spirits, beer, and wine
private club, or beer and wine private club licensees.
Bottle clubs—License required.
Public place or club—License or permit required—Penalty.
Nonprofit arts organization license—Fee.
Grower’s license—Fee.
Duty free exporter’s license—Class S—Fee.
Motel license—Fee.
Beer and wine gift delivery license—Fee—Limitations.
Sports/entertainment facility license—Fee—Caterer’s
endorsement.
Public house license—Fees—Limitations.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
66.24.010 Issuance, transferability, refusal, suspension, or cancellation—Grounds, hearings, procedure—
Rules—Duration of licenses or certificates of approval—
Conditions and restrictions—Posting—Notice to local
authorities—Proximity to churches, schools, etc.—Temporary licenses. (1) Every license shall be issued in the
name of the applicant, and the holder thereof shall not allow
any other person to use the license.
(2) For the purpose of considering any application for a
license, the board may cause an inspection of the premises to
be made, and may inquire into all matters in connection with
the construction and operation of the premises. For the purpose of reviewing any application for a license and for considering the denial, suspension or revocation of any license,
the liquor control board may consider any prior criminal conduct of the applicant including a criminal history record
information check. The board may submit the criminal history record information check to the Washington state patrol
and to the identification division of the federal bureau of
investigation in order that these agencies may search their
records for prior arrests and convictions of the individual or
individuals who filled out the forms. The board shall require
fingerprinting of any applicant whose criminal history record
information check is submitted to the federal bureau of investigation. The provisions of RCW 9.95.240 and of chapter
9.96A RCW shall not apply to such cases. The board may, in
its discretion, grant or refuse the license applied for. Authority to approve an uncontested or unopposed license may be
granted by the board to any staff member the board desig66.24.010
(2006 Ed.)
66.24.010
nates in writing. Conditions for granting such authority shall
be adopted by rule. No retail license of any kind may be
issued to:
(a) A person doing business as a sole proprietor who has
not resided in the state for at least one month prior to receiving a license, except in cases of licenses issued to dining
places on railroads, boats, or aircraft;
(b) A copartnership, unless all of the members thereof
are qualified to obtain a license, as provided in this section;
(c) A person whose place of business is conducted by a
manager or agent, unless such manager or agent possesses the
same qualifications required of the licensee;
(d) A corporation or a limited liability company, unless it
was created under the laws of the state of Washington or
holds a certificate of authority to transact business in the state
of Washington.
(3)(a) The board may, in its discretion, subject to the provisions of RCW 66.08.150, suspend or cancel any license;
and all rights of the licensee to keep or sell liquor thereunder
shall be suspended or terminated, as the case may be.
(b) The board shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the board’s
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the order.
(c) The board may request the appointment of administrative law judges under chapter 34.12 RCW who shall have
power to administer oaths, issue subpoenas for the attendance
of witnesses and the production of papers, books, accounts,
documents, and testimony, examine witnesses, and to receive
testimony in any inquiry, investigation, hearing, or proceeding in any part of the state, under such rules and regulations
as the board may adopt.
(d) Witnesses shall be allowed fees and mileage each
way to and from any such inquiry, investigation, hearing, or
proceeding at the rate authorized by RCW 34.05.446, as now
or hereafter amended. Fees need not be paid in advance of
appearance of witnesses to testify or to produce books,
records, or other legal evidence.
(e) In case of disobedience of any person to comply with
the order of the board or a subpoena issued by the board, or
any of its members, or administrative law judges, or on the
refusal of a witness to testify to any matter regarding which
he or she may be lawfully interrogated, the judge of the superior court of the county in which the person resides, on application of any member of the board or administrative law
judge, shall compel obedience by contempt proceedings, as
in the case of disobedience of the requirements of a subpoena
issued from said court or a refusal to testify therein.
(4) Upon receipt of notice of the suspension or cancellation of a license, the licensee shall forthwith deliver up the
license to the board. Where the license has been suspended
only, the board shall return the license to the licensee at the
expiration or termination of the period of suspension. The
board shall notify all vendors in the city or place where the
licensee has its premises of the suspension or cancellation of
[Title 66 RCW—page 23]
66.24.010
Title 66 RCW: Alcoholic Beverage Control
the license; and no employee may allow or cause any liquor
to be delivered to or for any person at the premises of that licensee.
(5)(a) At the time of the original issuance of a spirits,
beer, and wine restaurant license, the board shall prorate the
license fee charged to the new licensee according to the number of calendar quarters, or portion thereof, remaining until
the first renewal of that license is required.
(b) Unless sooner canceled, every license issued by the
board shall expire at midnight of the thirtieth day of June of
the fiscal year for which it was issued. However, if the board
deems it feasible and desirable to do so, it may establish, by
rule pursuant to chapter 34.05 RCW, a system for staggering
the annual renewal dates for any and all licenses authorized
by this chapter. If such a system of staggered annual renewal
dates is established by the board, the license fees provided by
this chapter shall be appropriately prorated during the first
year that the system is in effect.
(6) Every license issued under this section shall be subject to all conditions and restrictions imposed by this title or
by rules adopted by the board. All conditions and restrictions
imposed by the board in the issuance of an individual license
shall be listed on the face of the individual license along with
the trade name, address, and expiration date.
(7) Every licensee shall post and keep posted its license,
or licenses, in a conspicuous place on the premises.
(8)(a) Unless (b) of this subsection applies, before the
board issues a license to an applicant it shall give notice of
such application to the chief executive officer of the incorporated city or town, if the application is for a license within an
incorporated city or town, or to the county legislative authority, if the application is for a license outside the boundaries of
incorporated cities or towns.
(b) If the application for a special occasion license is for
an event held during a county, district, or area fair as defined
by RCW 15.76.120, and the county, district, or area fair is
located on property owned by the county but located within
an incorporated city or town, the county legislative authority
shall be the entity notified by the board under (a) of this subsection. The board shall send a duplicate notice to the incorporated city or town within which the fair is located.
(c) The incorporated city or town through the official or
employee selected by it, or the county legislative authority or
the official or employee selected by it, shall have the right to
file with the board within twenty days after date of transmittal
of such notice, written objections against the applicant or
against the premises for which the license is asked. The
board may extend the time period for submitting written
objections.
(d) The written objections shall include a statement of all
facts upon which such objections are based, and in case written objections are filed, may request and the liquor control
board may in its discretion hold a hearing subject to the applicable provisions of Title 34 RCW.
(e) Upon the granting of a license under this title the
board shall send written notification to the chief executive
officer of the incorporated city or town in which the license is
granted, or to the county legislative authority if the license is
granted outside the boundaries of incorporated cities or
towns. When the license is for a special occasion license for
an event held during a county, district, or area fair as defined
[Title 66 RCW—page 24]
by RCW 15.76.120, and the county, district, or area fair is
located on county-owned property but located within an
incorporated city or town, the written notification shall be
sent to both the incorporated city or town and the county legislative authority.
(9)(a) Before the board issues any license to any applicant, it shall give (i) due consideration to the location of the
business to be conducted under such license with respect to
the proximity of churches, schools, and public institutions
and (ii) written notice, with receipt verification, of the application to public institutions identified by the board as appropriate to receive such notice, churches, and schools within
five hundred feet of the premises to be licensed. The board
shall issue no beer retailer license for either on-premises or
off-premises consumption or wine retailer license for either
on-premises or off-premises consumption or spirits, beer, and
wine restaurant license covering any premises not now
licensed, if such premises are within five hundred feet of the
premises of any tax-supported public elementary or secondary school measured along the most direct route over or
across established public walks, streets, or other public passageway from the main entrance of the school to the nearest
public entrance of the premises proposed for license, and if,
after receipt by the school of the notice as provided in this
subsection, the board receives written objection, within
twenty days after receiving such notice, from an official representative or representatives of the school within five hundred feet of said proposed licensed premises, indicating to the
board that there is an objection to the issuance of such license
because of proximity to a school. The board may extend the
time period for submitting objections. For the purpose of this
section, church shall mean a building erected for and used
exclusively for religious worship and schooling or other
activity in connection therewith. For the purpose of this section, public institution shall mean institutions of higher education, parks, community centers, libraries, and transit centers.
(b) No liquor license may be issued or reissued by the
board to any motor sports facility or licensee operating within
the motor sports facility unless the motor sports facility
enforces a program reasonably calculated to prevent alcohol
or alcoholic beverages not purchased within the facility from
entering the facility and such program is approved by local
law enforcement agencies.
(c) It is the intent under this subsection (9) that a retail
license shall not be issued by the board where doing so
would, in the judgment of the board, adversely affect a private school meeting the requirements for private schools
under Title 28A RCW, which school is within five hundred
feet of the proposed licensee. The board shall fully consider
and give substantial weight to objections filed by private
schools. If a license is issued despite the proximity of a private school, the board shall state in a letter addressed to the
private school the board’s reasons for issuing the license.
(10) The restrictions set forth in subsection (9) of this
section shall not prohibit the board from authorizing the
assumption of existing licenses now located within the
restricted area by other persons or licenses or relocations of
existing licensed premises within the restricted area. In no
case may the licensed premises be moved closer to a church
or school than it was before the assumption or relocation.
(2006 Ed.)
Licenses—Stamp Taxes
(11)(a) Nothing in this section prohibits the board, in its
discretion, from issuing a temporary retail or distributor
license to an applicant to operate the retail or distributor premises during the period the application for the license is
pending. The board may establish a fee for a temporary
license by rule.
(b) A temporary license issued by the board under this
section shall be for a period not to exceed sixty days. A temporary license may be extended at the discretion of the board
for additional periods of sixty days upon payment of an additional fee and upon compliance with all conditions required
in this section.
(c) Refusal by the board to issue or extend a temporary
license shall not entitle the applicant to request a hearing. A
temporary license may be canceled or suspended summarily
at any time if the board determines that good cause for cancellation or suspension exists. RCW 66.08.130 applies to
temporary licenses.
(d) Application for a temporary license shall be on such
form as the board shall prescribe. If an application for a temporary license is withdrawn before issuance or is refused by
the board, the fee which accompanied such application shall
be refunded in full. [2006 c 359 § 1; 2004 c 133 § 1; 2002 c
119 § 3; 1998 c 126 § 2. Prior: 1997 c 321 § 1; 1997 c 58 §
873; 1995 c 232 § 1; 1988 c 200 § 1; 1987 c 217 § 1; 1983 c
160 § 3; 1982 c 85 § 2; 1981 1st ex.s. c 5 § 10; 1981 c 67 §
31; 1974 ex.s. c 66 § 1; 1973 1st ex.s. c 209 § 10; 1971 c 70
§ 1; 1969 ex.s. c 178 § 3; 1947 c 144 § 1; 1935 c 174 § 3;
1933 ex.s. c 62 § 27; Rem. Supp. 1947 § 7306-27. Formerly
RCW 66.24.010, part and 66.24.020 through 66.24.100.
FORMER PART OF SECTION: 1937 c 217 § 1 (23U) now
codified as RCW 66.24.025.]
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: "This act takes effect July 1, 1998." [1997
c 321 § 64.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 c 70: "The effective date of this 1971 amendatory act is July 1, 1971." [1971 c 70 § 4.]
66.24.012
66.24.012 License suspension—Noncompliance with
support order—Reissuance. The board shall immediately
suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a
support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license
shall be automatic upon the board’s receipt of a release issued
by the department of social and health services stating that
the licensee is in compliance with the order. [1997 c 58 §
862.]
(2006 Ed.)
66.24.120
*Reviser’s note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
66.24.015 Nonrefundable application fee for retail
license. An application for a new annual retail license under
this title shall be accompanied by payment of a nonrefundable seventy-five dollar fee to cover expenses incurred in processing the application. If the application is approved, the
application fee shall be applied toward the fee charged for the
license. [1988 c 200 § 4.]
66.24.015
66.24.025 Transfer of license—Fee—Exception—
Corporate changes, approval—Fee. (1) If the board
approves, a license may be transferred, without charge, to the
surviving spouse only of a deceased licensee if the parties
were maintaining a marital community and the license was
issued in the names of one or both of the parties. For the purpose of considering the qualifications of the surviving party
or parties to receive a liquor license, the liquor control board
may require a criminal history record information check. The
board may submit the criminal history record information
check to the Washington state patrol and to the identification
division of the federal bureau of investigation in order that
these agencies may search their records for prior arrests and
convictions of the individual or individuals who filled out the
forms. The board shall require fingerprinting of any applicant
whose criminal history record information check is submitted
to the federal bureau of investigation.
(2) The proposed sale of more than ten percent of the
outstanding and/or issued stock of a licensed corporation or
any proposed change in the officers of a licensed corporation
must be reported to the board, and board approval must be
obtained before such changes are made. A fee of seventy-five
dollars will be charged for the processing of such change of
stock ownership and/or corporate officers. [2002 c 119 § 4;
1995 c 232 § 2; 1981 1st ex.s. c 5 § 11; 1973 1st ex.s. c 209 §
11; 1971 c 70 § 2; 1937 c 217 § 1 (23U) (adding new section
23-U to 1933 ex.s. c 62); RRS § 7306-23U.]
66.24.025
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1971 c 70: See note following RCW 66.24.010.
66.24.120 Vacation of suspension on payment of penalty. The board in suspending any license may further provide in the order of suspension that such suspension shall be
vacated upon payment to the board by the licensee of a monetary penalty in an amount then fixed by the board. [1973 1st
ex.s. c 209 § 12; 1939 c 172 § 7 (adding new section 27-C to
1933 ex.s. c 62); RRS § 7306-27C.]
66.24.120
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
[Title 66 RCW—page 25]
66.24.140
Title 66 RCW: Alcoholic Beverage Control
66.24.140
66.24.140 Distiller’s license—Fee. There shall be a
license to distillers, including blending, rectifying and bottling; fee two thousand dollars per annum: PROVIDED,
That the board shall license stills used and to be used solely
and only by a commercial chemist for laboratory purposes,
and not for the manufacture of liquor for sale, at a fee of
twenty dollars per annum: PROVIDED, FURTHER, That
the board shall license stills used and to be used solely and
only for laboratory purposes in any school, college or educational institution in the state, without fee: PROVIDED,
FURTHER, That the board shall license stills which shall
have been duly licensed as fruit and/or wine distilleries by the
federal government, used and to be used solely as fruit and/or
wine distilleries in the production of fruit brandy and wine
spirits, at a fee of two hundred dollars per annum. [1981 1st
ex.s. c 5 § 28; 1937 c 217 § 1 (23D) (adding new section 23D to 1933 ex.s. c 62); RRS § 7306-23D.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.150
66.24.150 Manufacturer’s license—Scope—Fee.
There shall be a license to manufacturers of liquor, including
all kinds of manufacturers except those licensed as distillers,
domestic brewers, microbreweries, wineries, and domestic
wineries, authorizing such licensees to manufacture, import,
sell, and export liquor from the state; fee five hundred dollars
per annum. [1997 c 321 § 2; 1981 1st ex.s. c 5 § 29; 1937 c
217 § 1 (23A) (adding new section 23-A to 1933 ex.s. c 62);
RRS § 7306-23A.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.160
66.24.160 Liquor importer’s license—Fee. A liquor
importer’s license may be issued to any qualified person, firm
or corporation, entitling the holder thereof to import into the
state any liquor other than beer or wine; to store the same
within the state, and to sell and export the same from the
state; fee six hundred dollars per annum. Such liquor
importer’s license shall be subject to all conditions and
restrictions imposed by this title or by the rules and regulations of the board, and shall be issued only upon such terms
and conditions as may be imposed by the board. No liquor
importer’s license shall be required in sales to the Washington state liquor control board. [1981 1st ex.s. c 5 § 30; 1970
ex.s. c 13 § 1. Prior: 1969 ex.s. c 275 § 2; 1969 ex.s. c 21 §
1; 1937 c 217 § 1 (23J) (adding new section 23-J to 1933 ex.s.
c 62); RRS § 7306 (23J).]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.170
66.24.170 Domestic winery license—Winery as distributor and/or retailer of own wine—Off-premise samples—Domestic wine made into sparkling wine—Sales at
qualifying farmers markets. (Expires June 30, 2008.) (1)
There shall be a license for domestic wineries; fee to be computed only on the liters manufactured: Less than two hundred
fifty thousand liters per year, one hundred dollars per year;
and two hundred fifty thousand liters or more per year, four
hundred dollars per year.
[Title 66 RCW—page 26]
(2) The license allows for the manufacture of wine in
Washington state from grapes or other agricultural products.
(3) Any domestic winery licensed under this section may
also act as a retailer of wine of its own production. Any
domestic winery licensed under this section may act as a distributor of its own production. Any winery operating as a distributor and/or retailer under this subsection shall comply
with the applicable laws and rules relating to distributors
and/or retailers.
(4) A domestic winery licensed under this section, at
locations separate from any of its production or manufacturing sites, may serve samples of its own products, with or
without charge, and sell wine of its own production at retail
for off-premise consumption, provided that: (a) Each additional location has been approved by the board under RCW
66.24.010; (b) the total number of additional locations does
not exceed two; and (c) a winery may not act as a distributor
at any such additional location. Each additional location is
deemed to be part of the winery license for the purpose of this
title. Nothing in this subsection shall be construed to prevent
a domestic winery from holding multiple domestic winery
licenses.
(5)(a) A domestic winery licensed under this section may
apply to the board for an endorsement to sell wine of its own
production at retail for off-premises consumption at a qualifying farmers market. The annual fee for this endorsement is
seventy-five dollars. An endorsement issued pursuant to this
subsection does not count toward the two additional retail
locations limit specified in this section.
(b) For each month during which a domestic winery will
sell wine at a qualifying farmers market, the winery must provide the board or its designee a list of the dates, times, and
locations at which bottled wine may be offered for sale. This
list must be received by the board before the winery may
offer wine for sale at a qualifying farmers market.
(c) The wine sold at qualifying farmers markets must be
made entirely from grapes grown in a recognized Washington appellation or from other agricultural products grown in
this state.
(d) Each approved location in a qualifying farmers market is deemed to be part of the winery license for the purpose
of this title. The approved locations under an endorsement
granted under this subsection do not include the tasting or
sampling privilege of a winery. The winery may not store
wine at a farmers market beyond the hours that the winery
offers bottled wine for sale. The winery may not act as a distributor from a farmers market location.
(e) Before a winery may sell bottled wine at a qualifying
farmers market, the farmers market must apply to the board
for authorization for any winery with an endorsement
approved under this subsection to sell bottled wine at retail at
the farmers market. This application shall include, at a minimum: (i) A map of the farmers market showing all booths,
stalls, or other designated locations at which an approved
winery may sell bottled wine; and (ii) the name and contact
information for the on-site market managers who may be
contacted by the board or its designee to verify the locations
at which bottled wine may be sold. Before authorizing a
qualifying farmers market to allow an approved winery to
sell bottled wine at retail at its farmers market location, the
board shall notify the persons or entities of such application
(2006 Ed.)
Licenses—Stamp Taxes
for authorization pursuant to RCW 66.24.010 (8) and (9). An
authorization granted under this subsection (5)(e) may be
withdrawn by the board for any violation of this title or any
rules adopted under this title.
(f) The board may adopt rules establishing the application and approval process under this section and such additional rules as may be necessary to implement this section.
(g) For the purposes of this subsection:
(i) "Qualifying farmers market" means an entity that
sponsors a regular assembly of vendors at a defined location
for the purpose of promoting the sale of agricultural products
grown or produced in this state directly to the consumer
under conditions that meet the following minimum requirements:
(A) There are at least five participating vendors who are
farmers selling their own agricultural products;
(B) The total combined gross annual sales of vendors
who are farmers exceeds the total combined gross annual
sales of vendors who are processors or resellers;
(C) The total combined gross annual sales of vendors
who are farmers, processors, or resellers exceeds the total
combined gross annual sales of vendors who are not farmers,
processors, or resellers;
(D) The sale of imported items and secondhand items by
any vendor is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or
without processing, agricultural products that he or she raises
on land he or she owns or leases in this state or in another
state’s county that borders this state.
(iii) "Processor" means a natural person who sells processed food that he or she has personally prepared on land he
or she owns or leases in this state or in another state’s county
that borders this state.
(iv) "Reseller" means a natural person who buys agricultural products from a farmer and resells the products directly
to the consumer.
(6) Wine produced in Washington state by a domestic
winery licensee may be shipped out-of-state for the purpose
of making it into sparkling wine and then returned to such licensee for resale. Such wine shall be deemed wine manufactured in the state of Washington for the purposes of RCW
66.24.206, and shall not require a special license. [2006 c
302 § 1; 2003 c 44 § 1; 2000 c 141 § 1; 1997 c 321 § 3; 1991
c 192 § 2; 1982 c 85 § 4; 1981 1st ex.s. c 5 § 31; 1939 c 172
§ 1 (23C); 1937 c 217 § 1 (23C) (adding new section 23-C to
1933 ex.s. c 62); RRS § 7306-23C. Formerly RCW
66.24.170, 66.24.180, and 66.24.190.]
Effective date—2006 c 302: "Except for sections 10 and 12 of this act,
this act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and takes effect April 14, 2006." [2006 c 302 § 16.]
Expiration dates—2006 c 302: See note following RCW 66.24.206.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.170
66.24.170 Domestic winery license—Winery as distributor and/or retailer of own wine—Off-premise samples—Domestic wine made into sparkling wine—Sales at
qualifying farmers markets. (Effective June 30, 2008.) (1)
(2006 Ed.)
66.24.170
There shall be a license for domestic wineries; fee to be computed only on the liters manufactured: Less than two hundred
fifty thousand liters per year, one hundred dollars per year;
and two hundred fifty thousand liters or more per year, four
hundred dollars per year.
(2) The license allows for the manufacture of wine in
Washington state from grapes or other agricultural products.
(3) Any domestic winery licensed under this section may
also act as a distributor and/or retailer of wine of its own production. Any winery operating as a distributor and/or retailer
under this subsection shall comply with the applicable laws
and rules relating to distributors and/or retailers.
(4) A domestic winery licensed under this section, at
locations separate from any of its production or manufacturing sites, may serve samples of its own products, with or
without charge, and sell wine of its own production at retail
for off-premise consumption, provided that: (a) Each additional location has been approved by the board under RCW
66.24.010; (b) the total number of additional locations does
not exceed two; and (c) a winery may not act as a distributor
at any such additional location. Each additional location is
deemed to be part of the winery license for the purpose of this
title. Nothing in this subsection shall be construed to prevent
a domestic winery from holding multiple domestic winery
licenses.
(5)(a) A domestic winery licensed under this section may
apply to the board for an endorsement to sell wine of its own
production at retail for off-premises consumption at a qualifying farmers market. The annual fee for this endorsement is
seventy-five dollars. An endorsement issued pursuant to this
subsection does not count toward the two additional retail
locations limit specified in this section.
(b) For each month during which a domestic winery will
sell wine at a qualifying farmers market, the winery must provide the board or its designee a list of the dates, times, and
locations at which bottled wine may be offered for sale. This
list must be received by the board before the winery may
offer wine for sale at a qualifying farmers market.
(c) The wine sold at qualifying farmers markets must be
made entirely from grapes grown in a recognized Washington appellation or from other agricultural products grown in
this state.
(d) Each approved location in a qualifying farmers market is deemed to be part of the winery license for the purpose
of this title. The approved locations under an endorsement
granted under this subsection do not include the tasting or
sampling privilege of a winery. The winery may not store
wine at a farmers market beyond the hours that the winery
offers bottled wine for sale. The winery may not act as a distributor from a farmers market location.
(e) Before a winery may sell bottled wine at a qualifying
farmers market, the farmers market must apply to the board
for authorization for any winery with an endorsement
approved under this subsection to sell bottled wine at retail at
the farmers market. This application shall include, at a minimum: (i) A map of the farmers market showing all booths,
stalls, or other designated locations at which an approved
winery may sell bottled wine; and (ii) the name and contact
information for the on-site market managers who may be
contacted by the board or its designee to verify the locations
at which bottled wine may be sold. Before authorizing a
[Title 66 RCW—page 27]
66.24.185
Title 66 RCW: Alcoholic Beverage Control
qualifying farmers market to allow an approved winery to
sell bottled wine at retail at its farmers market location, the
board shall notify the persons or entities of such application
for authorization pursuant to RCW 66.24.010 (8) and (9). An
authorization granted under this subsection (5)(e) may be
withdrawn by the board for any violation of this title or any
rules adopted under this title.
(f) The board may adopt rules establishing the application and approval process under this section and such additional rules as may be necessary to implement this section.
(g) For the purposes of this subsection:
(i) "Qualifying farmers market" means an entity that
sponsors a regular assembly of vendors at a defined location
for the purpose of promoting the sale of agricultural products
grown or produced in this state directly to the consumer
under conditions that meet the following minimum requirements:
(A) There are at least five participating vendors who are
farmers selling their own agricultural products;
(B) The total combined gross annual sales of vendors
who are farmers exceeds the total combined gross annual
sales of vendors who are processors or resellers;
(C) The total combined gross annual sales of vendors
who are farmers, processors, or resellers exceeds the total
combined gross annual sales of vendors who are not farmers,
processors, or resellers;
(D) The sale of imported items and secondhand items by
any vendor is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or
without processing, agricultural products that he or she raises
on land he or she owns or leases in this state or in another
state’s county that borders this state.
(iii) "Processor" means a natural person who sells processed food that he or she has personally prepared on land he
or she owns or leases in this state or in another state’s county
that borders this state.
(iv) "Reseller" means a natural person who buys agricultural products from a farmer and resells the products directly
to the consumer.
(6) Wine produced in Washington state by a domestic
winery licensee may be shipped out-of-state for the purpose
of making it into sparkling wine and then returned to such licensee for resale. Such wine shall be deemed wine manufactured in the state of Washington for the purposes of RCW
66.24.206, and shall not require a special license. [2003 c 44
§ 1; 2000 c 141 § 1; 1997 c 321 § 3; 1991 c 192 § 2; 1982 c
85 § 4; 1981 1st ex.s. c 5 § 31; 1939 c 172 § 1 (23C); 1937 c
217 § 1 (23C) (adding new section 23-C to 1933 ex.s. c 62);
RRS § 7306-23C. Formerly RCW 66.24.170, 66.24.180, and
66.24.190.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.185 Bonded wine warehouse storage license—
Qualifications and requirements—Fee. (1) There shall be
a license for bonded wine warehouses which shall authorize
the storage of bottled wine only. Under this license a licensee
may maintain a warehouse for the storage of wine off the premises of a winery.
66.24.185
[Title 66 RCW—page 28]
(2) The board shall adopt similar qualifications for a
bonded wine warehouse license as required for obtaining a
domestic winery license as specified in RCW 66.24.010 and
66.24.170. A licensee must be a sole proprietor, a partnership, a limited liability company, or a corporation. One or
more domestic wineries may operate as a partnership, corporation, business co-op, or agricultural co-op for the purposes
of obtaining a bonded wine warehouse license.
(3) All bottled wine shipped to a bonded wine warehouse
from a winery or another bonded wine warehouse shall
remain under bond and no tax imposed under RCW
66.24.210 shall be due, unless the wine is removed from bond
and shipped to a licensed Washington wine distributor. Wine
may be removed from a bonded wine warehouse only for the
purpose of being (a) exported from the state, (b) shipped to a
licensed Washington wine distributor, or (c) returned to a
winery or bonded wine warehouse.
(4) Warehousing of wine by any person other than (a) a
licensed domestic winery or a bonded wine warehouse
licensed under the provisions of this section, (b) a licensed
Washington wine distributor, (c) a licensed Washington wine
importer, (d) a wine certificate of approval holder (W7), or
(e) the liquor control board, is prohibited.
(5) A license applicant shall hold a federal permit for a
bonded wine cellar and may be required to post a continuing
wine tax bond of such an amount and in such a form as may
be required by the board prior to the issuance of a bonded
wine warehouse license. The fee for this license shall be one
hundred dollars per annum.
(6) The board shall adopt rules requiring a bonded wine
warehouse to be physically secure, zoned for the intended use
and physically separated from any other use.
(7) Every licensee shall submit to the board a monthly
report of movement of bottled wines to and from a bonded
wine warehouse in a form prescribed by the board. The board
may adopt other necessary procedures by which bonded wine
warehouses are licensed and regulated. [1999 c 281 § 4; 1997
c 321 § 4; 1984 c 19 § 1.]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.200
66.24.200 Wine distributor’s license—Fee. There
shall be a license for wine distributors to sell wine, purchased
from licensed Washington wineries, wine certificate of
approval holders, licensed wine importers, or suppliers of
foreign wine located outside of the United States, to licensed
wine retailers and other wine distributors and to export the
same from the state; fee six hundred sixty dollars per year for
each distributing unit. [2004 c 160 § 2; 1997 c 321 § 5; 1981
1st ex.s. c 5 § 32; 1969 ex.s. c 21 § 2; 1937 c 217 § 1 (23K)
(adding new section 23-K to 1933 ex.s. c 62); RRS § 730623K.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
66.24.203
66.24.203 Wine importer’s license—Principal
office—Report—Labels—Fee. There shall be a license for
wine importers that authorizes the licensee to import wine
(2006 Ed.)
Licenses—Stamp Taxes
purchased from certificate of approval holders into the state
of Washington. The licensee may also import, from suppliers
located outside of the United States, wine manufactured outside the United States.
(1) Wine so imported may be sold to licensed wine distributors or exported from the state.
(2) Every person, firm, or corporation licensed as a wine
importer shall establish and maintain a principal office within
the state at which shall be kept proper records of all wine
imported into the state under this license.
(3) No wine importer’s license shall be granted to a nonresident of the state nor to a corporation whose principal
place of business is outside the state until such applicant has
established a principal office and agent within the state upon
which service can be made.
(4) As a requirement for license approval, a wine
importer shall enter into a written agreement with the board
to furnish on or before the twentieth day of each month, a
report under oath, detailing the quantity of wine sold or delivered to each licensed wine distributor. Failure to file such
reports may result in the suspension or cancellation of this
license.
(5) Wine imported under this license must conform to
the provisions of RCW 66.28.110 and have received label
approval from the board. The board shall not certify wines
labeled with names that may be confused with other nonalcoholic beverages whether manufactured or produced from a
domestic winery or imported nor wines that fail to meet quality standards established by the board.
(6) The license fee shall be one hundred sixty dollars per
year. [2004 c 160 § 3; 1997 c 321 § 6.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.206
66.24.206 Out-of-state winery—Certificate of
approval—Fee. (Expires June 30, 2008.) (1)(a) A United
States winery located outside the state of Washington must
hold a certificate of approval to allow sales and shipment of
the certificate of approval holder’s wine to licensed Washington wine distributors, importers, or retailers. A certificate of
approval holder with a direct shipment endorsement may act
as a distributor of its own production.
(b) Authorized representatives must hold a certificate of
approval to allow sales and shipment of United States produced wine to licensed Washington wine distributors or
importers.
(c) Authorized representatives must also hold a certificate of approval to allow sales and shipments of foreign produced wine to licensed Washington wine distributors or
importers.
(2) The certificate of approval shall not be granted unless
and until such winery or manufacturer of wine or authorized
representative shall have made a written agreement with the
board to furnish to the board, on or before the twentieth day
of each month, a report under oath, on a form to be prescribed
by the board, showing the quantity of wine sold or delivered
to each licensed wine distributor, importer, or retailer, during
the preceding month, and shall further have agreed with the
board, that such wineries, manufacturers, or authorized representatives, and all general sales corporations or agencies
(2006 Ed.)
66.24.206
maintained by them, and all of their trade representatives,
shall and will faithfully comply with all laws of the state of
Washington pertaining to the sale of intoxicating liquors and
all rules and regulations of the Washington state liquor control board. A violation of the terms of this agreement will
cause the board to take action to suspend or revoke such certificate.
(3) The fee for the certificate of approval and related
endorsements, issued pursuant to the provisions of this title,
shall be from time to time established by the board at a level
that is sufficient to defray the costs of administering the certificate of approval program. The fee shall be fixed by rule
by the board in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.
(4) Certificate of approval holders are deemed to have
consented to the jurisdiction of Washington concerning
enforcement of this chapter and all laws and rules related to
the sale and shipment of wine. [2006 c 302 § 4; 2004 c 160 §
4; 1997 c 321 § 7; 1981 1st ex.s. c 5 § 34; 1973 1st ex.s. c 209
§ 13; 1969 ex.s. c 21 § 10.]
Expiration dates—2006 c 302: "Except for sections 9 and 11 of this
act which expire July 1, 2006, this act expires June 30, 2008." [2006 c 302 §
14.]
Effective date—2006 c 302: See note following RCW 66.24.170.
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
66.24.206
66.24.206 Out-of-state winery or manufacturer—
Certificate of approval—Fee. (Effective June 30, 2008.)
(1)(a) A United States winery or manufacturer of wine
located outside the state of Washington must hold a certificate of approval to allow sales and shipment of the certificate
of approval holder’s wine to licensed Washington wine distributors or importers.
(b) Authorized representatives must hold a certificate of
approval to allow sales and shipment of United States produced wine to licensed Washington wine distributors or
importers.
(c) Authorized representatives must also hold a certificate of approval to allow sales and shipments of foreign produced wine to licensed Washington wine distributors or
importers.
(2) The certificate of approval shall not be granted unless
and until such winery or manufacturer of wine or authorized
representative shall have made a written agreement with the
board to furnish to the board, on or before the twentieth day
of each month, a report under oath, on a form to be prescribed
by the board, showing the quantity of wine sold or delivered
to each licensed wine distributor or importer, during the preceding month, and shall further have agreed with the board,
that such wineries, manufacturers, or authorized representatives, and all general sales corporations or agencies maintained by them, and all of their trade representatives, shall
and will faithfully comply with all laws of the state of Washington pertaining to the sale of intoxicating liquors and all
rules and regulations of the Washington state liquor control
[Title 66 RCW—page 29]
66.24.210
Title 66 RCW: Alcoholic Beverage Control
board. A violation of the terms of this agreement will cause
the board to take action to suspend or revoke such certificate.
(3) The fee for the certificate of approval, issued pursuant to the provisions of this title, shall be from time to time
established by the board at a level that is sufficient to defray
the costs of administering the certificate of approval program.
The fee shall be fixed by rule by the board in accordance with
the provisions of the administrative procedure act, chapter
34.05 RCW. [2004 c 160 § 4; 1997 c 321 § 7; 1981 1st ex.s.
c 5 § 34; 1973 1st ex.s. c 209 § 13; 1969 ex.s. c 21 § 10.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
66.24.210 Imposition of taxes on sales of wine and
cider—Additional taxes—Distributions. (Expires June
30, 2008.) (1) There is hereby imposed upon all wines except
cider sold to wine distributors and the Washington state
liquor control board, within the state a tax at the rate of
twenty and one-fourth cents per liter. Any domestic winery
or certificate of approval holder acting as a distributor of its
own production shall pay taxes imposed by this section.
There is hereby imposed on all cider sold to wine distributors
and the Washington state liquor control board within the state
a tax at the rate of three and fifty-nine one-hundredths cents
per liter. However, wine sold or shipped in bulk from one
winery to another winery shall not be subject to such tax.
(a) The tax provided for in this section shall be collected
by direct payments based on wine purchased by wine distributors.
(b) Except as provided in subsection (7) of this section,
every person purchasing wine under the provisions of this
section shall on or before the twentieth day of each month
report to the board all purchases during the preceding calendar month in such manner and upon such forms as may be
prescribed by the board, and with such report shall pay the tax
due from the purchases covered by such report unless the
same has previously been paid. Any such purchaser of wine
whose applicable tax payment is not postmarked by the twentieth day following the month of purchase will be assessed a
penalty at the rate of two percent a month or fraction thereof.
The board may require that every such person shall execute to
and file with the board a bond to be approved by the board, in
such amount as the board may fix, securing the payment of
the tax. If any such person fails to pay the tax when due, the
board may forthwith suspend or cancel the license until all
taxes are paid.
(c) Any licensed retailer authorized to purchase wine
from a certificate of approval holder with a direct shipment
endorsement or a domestic winery shall make monthly
reports to the liquor control board on wine purchased during
the preceding calendar month in the manner and upon such
forms as may be prescribed by the board.
(2) An additional tax is imposed equal to the rate specified in RCW 82.02.030 multiplied by the tax payable under
subsection (1) of this section. All revenues collected during
any month from this additional tax shall be transferred to the
66.24.210
[Title 66 RCW—page 30]
state general fund by the twenty-fifth day of the following
month.
(3) An additional tax is imposed on wines subject to tax
under subsection (1) of this section, at the rate of one-fourth
of one cent per liter for wine sold after June 30, 1987. After
June 30, 1996, such additional tax does not apply to cider.
An additional tax of five one-hundredths of one cent per liter
is imposed on cider sold after June 30, 1996. All revenues
collected under this subsection (3) shall be disbursed quarterly to the Washington wine commission for use in carrying
out the purposes of chapter 15.88 RCW.
(4) An additional tax is imposed on all wine subject to
tax under subsection (1) of this section. The additional tax is
equal to twenty-three and forty-four one-hundredths cents per
liter on fortified wine as defined in RCW 66.04.010(41)
when bottled or packaged by the manufacturer, one cent per
liter on all other wine except cider, and eighteen one-hundredths of one cent per liter on cider. All revenues collected
during any month from this additional tax shall be deposited
in the violence reduction and drug enforcement account
under RCW 69.50.520 by the twenty-fifth day of the following month.
(5)(a) An additional tax is imposed on all cider subject to
tax under subsection (1) of this section. The additional tax is
equal to two and four one-hundredths cents per liter of cider
sold after June 30, 1996, and before July 1, 1997, and is equal
to four and seven one-hundredths cents per liter of cider sold
after June 30, 1997.
(b) All revenues collected from the additional tax
imposed under this subsection (5) shall be deposited in the
health services account under RCW 43.72.900.
(6) For the purposes of this section, "cider" means table
wine that contains not less than one-half of one percent of
alcohol by volume and not more than seven percent of alcohol by volume and is made from the normal alcoholic fermentation of the juice of sound, ripe apples or pears. "Cider"
includes, but is not limited to, flavored, sparkling, or carbonated cider and cider made from condensed apple or pear
must.
(7) For the purposes of this section, out-of-state wineries
shall pay taxes under this section on wine sold and shipped
directly to Washington state residents in a manner consistent
with the requirements of a wine distributor under subsections
(1) through (4) of this section, except wineries shall be
responsible for the tax and not the resident purchaser. [2006
c 302 § 5; 2006 c 101 § 4; 2006 c 49 § 8; 2001 c 124 § 1; 1997
c 321 § 8; 1996 c 118 § 1; 1995 c 232 § 3; 1994 sp.s. c 7 § 901
(Referendum Bill No. 43, approved November 8, 1994);
1993 c 160 § 2; 1991 c 192 § 3; 1989 c 271 § 501; 1987 c 452
§ 11; 1983 2nd ex.s. c 3 § 10; 1982 1st ex.s. c 35 § 23; 1981
1st ex.s. c 5 § 12; 1973 1st ex.s. c 204 § 2; 1969 ex.s. c 21 §
3; 1943 c 216 § 2; 1939 c 172 § 3; 1935 c 158 § 3 (adding new
section 24-A to 1933 ex.s. c 62); Rem. Supp. 1943 § 730624A. Formerly RCW 66.04.120, 66.24.210, part, 66.24.220,
and 66.24.230, part. FORMER PART OF SECTION: 1933
ex.s. c 62 § 25, part, now codified as RCW 66.24.230.]
Reviser’s note: This section was amended by 2006 c 49 § 8, 2006 c 101
§ 4, and by 2006 c 302 § 5, each without reference to the other. All amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2006 c 302: See note following RCW 66.24.170.
(2006 Ed.)
Licenses—Stamp Taxes
Expiration dates—2006 c 302: See note following RCW 66.24.206.
Effective date—2001 c 124: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 124 § 2.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective date—1996 c 118: "This act shall take effect July 1, 1996."
[1996 c 118 § 2.]
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: "Sections 901 through 909, chapter 7, Laws of 1994 sp. sess. shall be submitted
as a single ballot measure to the people for their adoption and ratification, or
rejection, at the next succeeding general election to be held in this state, in
accordance with Article II, section 1 of the state Constitution, as amended,
and the laws adopted to facilitate the operation thereof unless section 13,
chapter 2, Laws of 1994, has been declared invalid or otherwise enjoined or
stayed by a court of competent jurisdiction." [1994 sp.s. c 7 § 911 (Referendum Bill No. 43, approved November 8, 1994).]
Reviser’s note: Sections 901 through 909, chapter 7, Laws of 1994 sp.
sess., were adopted and ratified by the people at the November 8, 1994, general election.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1993 c 160: See note following RCW 66.12.180.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Floor stocks tax: "There is hereby imposed upon every licensed wine
distributor who possesses wine for resale upon which the tax has not been
paid under section 2, chapter 204, Laws of 1973, a floor stocks tax of sixtyfive cents per wine gallon on wine in his or her possession or under his or her
control on June 30, 1973. Each such distributor shall within twenty days
after June 30, 1973, file a report with the Washington state liquor control
board in such form as the board may prescribe, showing the wine products on
hand July 1, 1973, converted to gallons thereof and the amount of tax due
thereon. The tax imposed by this section shall be due and payable within
twenty days after July 1, 1973, and thereafter bear interest at the rate of one
percent per month." [1997 c 321 § 9; 1973 1st ex.s. c 204 § 3.]
Effective date—1973 1st ex.s. c 204: See note following RCW
82.08.150.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
Giving away liquor prohibited—Exceptions: RCW 66.28.040.
No tax on wine shipped to bonded warehouse: RCW 66.24.185.
66.24.210
66.24.210 Imposition of taxes on all wines and cider
sold to wine distributors and liquor control board—Additional taxes—Distributions. (Effective June 30, 2008.) (1)
There is hereby imposed upon all wines except cider sold to
wine distributors and the Washington state liquor control
board, within the state a tax at the rate of twenty and onefourth cents per liter. There is hereby imposed on all cider
sold to wine distributors and the Washington state liquor control board within the state a tax at the rate of three and fiftynine one-hundredths cents per liter. However, wine sold or
shipped in bulk from one winery to another winery shall not
be subject to such tax. The tax provided for in this section
shall be collected by direct payments based on wine purchased by wine distributors. Except as provided in subsection (7) of this section, every person purchasing wine under
(2006 Ed.)
66.24.210
the provisions of this section shall on or before the twentieth
day of each month report to the board all purchases during the
preceding calendar month in such manner and upon such
forms as may be prescribed by the board, and with such
report shall pay the tax due from the purchases covered by
such report unless the same has previously been paid. Any
such purchaser of wine whose applicable tax payment is not
postmarked by the twentieth day following the month of purchase will be assessed a penalty at the rate of two percent a
month or fraction thereof. The board may require that every
such person shall execute to and file with the board a bond to
be approved by the board, in such amount as the board may
fix, securing the payment of the tax. If any such person fails
to pay the tax when due, the board may forthwith suspend or
cancel the license until all taxes are paid.
(2) An additional tax is imposed equal to the rate specified in RCW 82.02.030 multiplied by the tax payable under
subsection (1) of this section. All revenues collected during
any month from this additional tax shall be transferred to the
state general fund by the twenty-fifth day of the following
month.
(3) An additional tax is imposed on wines subject to tax
under subsection (1) of this section, at the rate of one-fourth
of one cent per liter for wine sold after June 30, 1987. After
June 30, 1996, such additional tax does not apply to cider.
An additional tax of five one-hundredths of one cent per liter
is imposed on cider sold after June 30, 1996. All revenues
collected under this subsection (3) shall be disbursed quarterly to the Washington wine commission for use in carrying
out the purposes of chapter 15.88 RCW.
(4) An additional tax is imposed on all wine subject to
tax under subsection (1) of this section. The additional tax is
equal to twenty-three and forty-four one-hundredths cents per
liter on fortified wine as defined in RCW 66.04.010(41)
when bottled or packaged by the manufacturer, one cent per
liter on all other wine except cider, and eighteen one-hundredths of one cent per liter on cider. All revenues collected
during any month from this additional tax shall be deposited
in the violence reduction and drug enforcement account
under RCW 69.50.520 by the twenty-fifth day of the following month.
(5)(a) An additional tax is imposed on all cider subject to
tax under subsection (1) of this section. The additional tax is
equal to two and four one-hundredths cents per liter of cider
sold after June 30, 1996, and before July 1, 1997, and is equal
to four and seven one-hundredths cents per liter of cider sold
after June 30, 1997.
(b) All revenues collected from the additional tax
imposed under this subsection (5) shall be deposited in the
health services account under RCW 43.72.900.
(6) For the purposes of this section, "cider" means table
wine that contains not less than one-half of one percent of
alcohol by volume and not more than seven percent of alcohol by volume and is made from the normal alcoholic fermentation of the juice of sound, ripe apples or pears. "Cider"
includes, but is not limited to, flavored, sparkling, or carbonated cider and cider made from condensed apple or pear
must.
(7) For the purposes of this section, out-of-state wineries
shall pay taxes under this section on wine sold and shipped
directly to Washington state residents in a manner consistent
[Title 66 RCW—page 31]
66.24.215
Title 66 RCW: Alcoholic Beverage Control
with the requirements of a wine distributor under subsections
(1) through (4) of this section, except wineries shall be
responsible for the tax and not the resident purchaser. [2006
c 101 § 4; 2006 c 49 § 8; 2001 c 124 § 1; 1997 c 321 § 8; 1996
c 118 § 1; 1995 c 232 § 3; 1994 sp.s. c 7 § 901 (Referendum
Bill No. 43, approved November 8, 1994); 1993 c 160 § 2;
1991 c 192 § 3; 1989 c 271 § 501; 1987 c 452 § 11; 1983 2nd
ex.s. c 3 § 10; 1982 1st ex.s. c 35 § 23; 1981 1st ex.s. c 5 § 12;
1973 1st ex.s. c 204 § 2; 1969 ex.s. c 21 § 3; 1943 c 216 § 2;
1939 c 172 § 3; 1935 c 158 § 3 (adding new section 24-A to
1933 ex.s. c 62); Rem. Supp. 1943 § 7306-24A. Formerly
RCW 66.04.120, 66.24.210, part, 66.24.220, and 66.24.230,
part. FORMER PART OF SECTION: 1933 ex.s. c 62 § 25,
part, now codified as RCW 66.24.230.]
Reviser’s note: This section was amended by 2006 c 49 § 8 and by
2006 c 101 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2001 c 124: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 124 § 2.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective date—1996 c 118: "This act shall take effect July 1, 1996."
[1996 c 118 § 2.]
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: "Sections 901 through 909, chapter 7, Laws of 1994 sp. sess. shall be submitted
as a single ballot measure to the people for their adoption and ratification, or
rejection, at the next succeeding general election to be held in this state, in
accordance with Article II, section 1 of the state Constitution, as amended,
and the laws adopted to facilitate the operation thereof unless section 13,
chapter 2, Laws of 1994, has been declared invalid or otherwise enjoined or
stayed by a court of competent jurisdiction." [1994 sp.s. c 7 § 911 (Referendum Bill No. 43, approved November 8, 1994).]
Reviser’s note: Sections 901 through 909, chapter 7, Laws of 1994 sp.
sess., were adopted and ratified by the people at the November 8, 1994, general election.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1993 c 160: See note following RCW 66.12.180.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Floor stocks tax: "There is hereby imposed upon every licensed wine
distributor who possesses wine for resale upon which the tax has not been
paid under section 2, chapter 204, Laws of 1973, a floor stocks tax of sixtyfive cents per wine gallon on wine in his or her possession or under his or her
control on June 30, 1973. Each such distributor shall within twenty days
after June 30, 1973, file a report with the Washington state liquor control
board in such form as the board may prescribe, showing the wine products on
hand July 1, 1973, converted to gallons thereof and the amount of tax due
thereon. The tax imposed by this section shall be due and payable within
twenty days after July 1, 1973, and thereafter bear interest at the rate of one
percent per month." [1997 c 321 § 9; 1973 1st ex.s. c 204 § 3.]
Effective date—1973 1st ex.s. c 204: See note following RCW
82.08.150.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
Giving away liquor prohibited—Exceptions: RCW 66.28.040.
No tax on wine shipped to bonded warehouse: RCW 66.24.185.
[Title 66 RCW—page 32]
66.24.215
66.24.215 Levy of assessment on wine producers and
growers to fund wine commission—Assessment rate
changes—Procedures—Disbursement—Continuation.
(1) To provide for permanent funding of the wine commission after July 1, 1989, agricultural commodity assessments
shall be levied by the board on wine producers and growers
as follows:
(a) Beginning on July 1, 1989, the assessment on wine
producers shall be two cents per gallon on sales of packaged
Washington wines.
(b) Beginning on July 1, 1989, the assessment on growers of Washington vinifera wine grapes shall be levied as provided in RCW 15.88.130.
(c) After July 1, 1993, assessment rates under subsection
(1)(a) of this section may be changed pursuant to a referendum conducted by the Washington wine commission and
approved by a majority vote of wine producers. The weight
of each producer’s vote shall be equal to the percentage of
that producer’s share of Washington vinifera wine production
in the prior year.
(d) After July 1, 1993, assessment amounts under subsection (1)(b) of this section may be changed pursuant to a
referendum conducted by the Washington wine commission
and approved by a majority vote of grape growers. The
weight of each grower’s vote shall be equal to the percentage
of that grower’s share of Washington vinifera grape sales in
the prior year.
(2) Assessments collected under this section shall be disbursed quarterly to the Washington wine commission for use
in carrying out the purposes of chapter 15.88 RCW.
(3) Prior to July 1, 1996, a referendum shall be conducted to determine whether to continue the Washington
wine commission as representing both wine producers and
grape growers. The voting shall not be weighted. The wine
producers shall vote whether to continue the commission’s
coverage of wineries and wine production. The grape producers shall vote whether to continue the commission’s coverage
of issues pertaining to grape growing. If a majority of both
wine and grape producers favor the continuation of the commission, the assessments shall continue as provided in subsection (2)(b) and (d) of this section. If only one group of producers favors the continuation, the assessments shall only be
levied on the group which favored the continuation. [1988 c
257 § 7; 1987 c 452 § 13.]
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
66.24.230
66.24.230 Monthly reports of domestic winery, wine
certificate of approval holder, wine importer, and wine
distributor—Prohibited, authorized sales. Every domestic
winery, wine certificate of approval holder, wine importer,
and wine distributor licensed under this title shall make
monthly reports to the board pursuant to the regulations.
Such domestic winery, wine certificate of approval holder,
wine importer, and wine distributor shall make no sales of
wine within the state of Washington except to the board, or as
otherwise provided in this title. [2004 c 160 § 5; 1997 c 321
§ 10; 1969 ex.s. c 21 § 4; 1933 ex.s. c 62 § 25; RRS § 730625. Formerly RCW 66.24.210 and 66.24.230. FORMER
PART OF SECTION: 1943 c 216 § 2, part, now codified in
RCW 66.24.210.]
(2006 Ed.)
Licenses—Stamp Taxes
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
66.24.240 Domestic brewery’s license—Fee—Distribution and/or retail—Contract-production—Sales at
qualifying farmers markets. (Expires June 30, 2008.) (1)
There shall be a license for domestic breweries; fee to be two
thousand dollars for production of sixty thousand barrels or
more of malt liquor per year.
(2) Any domestic brewery, except for a brand owner of
malt beverages under RCW 66.04.010(6), licensed under this
section may also act as a retailer for beer of its own production. Any domestic brewery licensed under this section may
act as a distributor for beer of its own production. Any
domestic brewery operating as a distributor and/or retailer
under this subsection shall comply with the applicable laws
and rules relating to distributors and/or retailers. A domestic
brewery holding a spirits, beer, and wine restaurant license
may sell beer of its own production for off-premises consumption from its restaurant premises in kegs or in a sanitary
container brought to the premises by the purchaser or furnished by the licensee and filled at the tap by the licensee at
the time of sale.
(3) Any domestic brewery licensed under this section
may contract-produce beer for a brand owner of malt beverages defined under RCW 66.04.010(6), and this contract-production is not a sale for the purposes of RCW 66.28.170 and
66.28.180.
(4)(a) A domestic brewery licensed under this section
and qualified for a reduced rate of taxation pursuant to RCW
66.24.290(3)(b) may apply to the board for an endorsement
to sell bottled beer of its own production at retail for off-premises consumption at a qualifying farmers market. The
annual fee for this endorsement is seventy-five dollars.
(b) For each month during which a domestic brewery
will sell beer at a qualifying farmers market, the domestic
brewery must provide the board or its designee a list of the
dates, times, and locations at which bottled beer may be
offered for sale. This list must be received by the board
before the domestic brewery may offer beer for sale at a qualifying farmers market.
(c) The beer sold at qualifying farmers markets must be
produced in Washington.
(d) Each approved location in a qualifying farmers market is deemed to be part of the domestic brewery license for
the purpose of this title. The approved locations under an
endorsement granted under this subsection do not include the
tasting or sampling privilege of a domestic brewery. The
domestic brewery may not store beer at a farmers market
beyond the hours that the domestic brewery offers bottled
beer for sale. The domestic brewery may not act as a distributor from a farmers market location.
(e) Before a domestic brewery may sell bottled beer at a
qualifying farmers market, the farmers market must apply to
the board for authorization for any domestic brewery with an
endorsement approved under this subsection to sell bottled
beer at retail at the farmers market. This application shall
include, at a minimum: (i) A map of the farmers market
showing all booths, stalls, or other designated locations at
which an approved domestic brewery may sell bottled beer;
66.24.240
(2006 Ed.)
66.24.240
and (ii) the name and contact information for the on-site market managers who may be contacted by the board or its designee to verify the locations at which bottled beer may be
sold. Before authorizing a qualifying farmers market to
allow an approved domestic brewery to sell bottled beer at
retail at its farmers market location, the board shall notify the
persons or entities of such application for authorization pursuant to RCW 66.24.010 (8) and (9). An authorization
granted under this subsection (4)(e) may be withdrawn by the
board for any violation of this title or any rules adopted under
this title.
(f) The board may adopt rules establishing the application and approval process under this section and such additional rules as may be necessary to implement this section.
(g) For the purposes of this subsection:
(i) "Qualifying farmers market" means an entity that
sponsors a regular assembly of vendors at a defined location
for the purpose of promoting the sale of agricultural products
grown or produced in this state directly to the consumer
under conditions that meet the following minimum requirements:
(A) There are at least five participating vendors who are
farmers selling their own agricultural products;
(B) The total combined gross annual sales of vendors
who are farmers exceeds the total combined gross annual
sales of vendors who are processors or resellers;
(C) The total combined gross annual sales of vendors
who are farmers, processors, or resellers exceeds the total
combined gross annual sales of vendors who are not farmers,
processors, or resellers;
(D) The sale of imported items and secondhand items by
any vendor is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or
without processing, agricultural products that he or she raises
on land he or she owns or leases in this state or in another
state’s county that borders this state.
(iii) "Processor" means a natural person who sells processed food that he or she has personally prepared on land he
or she owns or leases in this state or in another state’s county
that borders this state.
(iv) "Reseller" means a natural person who buys agricultural products from a farmer and resells the products directly
to the consumer. [2006 c 302 § 2; 2006 c 44 § 1; 2003 c 154
§ 1; 2000 c 142 § 2; 1997 c 321 § 11; 1985 c 226 § 1; 1982 c
85 § 5; 1981 1st ex.s. c 5 § 13; 1937 c 217 § 1 (23B) (adding
new section 23-B to 1933 ex.s. c 62); RRS § 7306-23B.]
Reviser’s note: This section was amended by 2006 c 44 § 1 and by
2006 c 302 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2006 c 302: See note following RCW 66.24.170.
Expiration dates—2006 c 302: See note following RCW 66.24.206.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.240
66.24.240 Domestic brewery’s license—Fee. (Effective June 30, 2008.) (1) There shall be a license for domestic
breweries; fee to be two thousand dollars for production of
sixty thousand barrels or more of malt liquor per year.
[Title 66 RCW—page 33]
66.24.244
Title 66 RCW: Alcoholic Beverage Control
(2) Any domestic brewery, except for a brand owner of
malt beverages under RCW 66.04.010(6), licensed under this
section may also act as a distributor and/or retailer for beer of
its own production. Any domestic brewery operating as a
distributor and/or retailer under this subsection shall comply
with the applicable laws and rules relating to distributors
and/or retailers. A domestic brewery holding a spirits, beer,
and wine restaurant license may sell beer of its own production for off-premises consumption from its restaurant premises in kegs or in a sanitary container brought to the premises by the purchaser or furnished by the licensee and filled
at the tap by the licensee at the time of sale.
(3) Any domestic brewery licensed under this section
may contract-produce beer for a brand owner of malt beverages defined under RCW 66.04.010(6), and this contract-production is not a sale for the purposes of RCW 66.28.170 and
66.28.180.
(4)(a) A domestic brewery licensed under this section
and qualified for a reduced rate of taxation pursuant to RCW
66.24.290(3)(b) may apply to the board for an endorsement
to sell bottled beer of its own production at retail for off-premises consumption at a qualifying farmers market. The
annual fee for this endorsement is seventy-five dollars.
(b) For each month during which a domestic brewery
will sell beer at a qualifying farmers market, the domestic
brewery must provide the board or its designee a list of the
dates, times, and locations at which bottled beer may be
offered for sale. This list must be received by the board
before the domestic brewery may offer beer for sale at a qualifying farmers market.
(c) The beer sold at qualifying farmers markets must be
produced in Washington.
(d) Each approved location in a qualifying farmers market is deemed to be part of the domestic brewery license for
the purpose of this title. The approved locations under an
endorsement granted under this subsection do not include the
tasting or sampling privilege of a domestic brewery. The
domestic brewery may not store beer at a farmers market
beyond the hours that the domestic brewery offers bottled
beer for sale. The domestic brewery may not act as a distributor from a farmers market location.
(e) Before a domestic brewery may sell bottled beer at a
qualifying farmers market, the farmers market must apply to
the board for authorization for any domestic brewery with an
endorsement approved under this subsection to sell bottled
beer at retail at the farmers market. This application shall
include, at a minimum: (i) A map of the farmers market
showing all booths, stalls, or other designated locations at
which an approved domestic brewery may sell bottled beer;
and (ii) the name and contact information for the on-site market managers who may be contacted by the board or its designee to verify the locations at which bottled beer may be
sold. Before authorizing a qualifying farmers market to
allow an approved domestic brewery to sell bottled beer at
retail at its farmers market location, the board shall notify the
persons or entities of such application for authorization pursuant to RCW 66.24.010 (8) and (9). An authorization
granted under this subsection (4)(e) may be withdrawn by the
board for any violation of this title or any rules adopted under
this title.
[Title 66 RCW—page 34]
(f) The board may adopt rules establishing the application and approval process under this section and such additional rules as may be necessary to implement this section.
(g) For the purposes of this subsection:
(i) "Qualifying farmers market" means an entity that
sponsors a regular assembly of vendors at a defined location
for the purpose of promoting the sale of agricultural products
grown or produced in this state directly to the consumer
under conditions that meet the following minimum requirements:
(A) There are at least five participating vendors who are
farmers selling their own agricultural products;
(B) The total combined gross annual sales of vendors
who are farmers exceeds the total combined gross annual
sales of vendors who are processors or resellers;
(C) The total combined gross annual sales of vendors
who are farmers, processors, or resellers exceeds the total
combined gross annual sales of vendors who are not farmers,
processors, or resellers;
(D) The sale of imported items and secondhand items by
any vendor is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or
without processing, agricultural products that he or she raises
on land he or she owns or leases in this state or in another
state’s county that borders this state.
(iii) "Processor" means a natural person who sells processed food that he or she has personally prepared on land he
or she owns or leases in this state or in another state’s county
that borders this state.
(iv) "Reseller" means a natural person who buys agricultural products from a farmer and resells the products directly
to the consumer. [2006 c 44 § 1; 2003 c 154 § 1; 2000 c 142
§ 2; 1997 c 321 § 11; 1985 c 226 § 1; 1982 c 85 § 5; 1981 1st
ex.s. c 5 § 13; 1937 c 217 § 1 (23B) (adding new section 23B to 1933 ex.s. c 62); RRS § 7306-23B.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.244
66.24.244 Microbrewery’s license—Fee. (Expires
June 30, 2008.) (1) There shall be a license for microbreweries; fee to be one hundred dollars for production of less than
sixty thousand barrels of malt liquor, including strong beer,
per year.
(2) Any microbrewery license under this section may
also act as a distributor and/or retailer for beer and strong
beer of its own production. Any microbrewery licensed
under this section may act as a distributor for beer of its own
production. Strong beer may not be sold at a farmers market
or under any endorsement which may authorize microbreweries to sell beer at farmers markets. Any microbrewery
operating as a distributor and/or retailer under this subsection
shall comply with the applicable laws and rules relating to
distributors and/or retailers. A microbrewery holding a spirits, beer, and wine restaurant license may sell beer of its own
production for off-premises consumption from its restaurant
premises in kegs or in a sanitary container brought to the premises by the purchaser or furnished by the licensee and filled
at the tap by the licensee at the time of sale.
(2006 Ed.)
Licenses—Stamp Taxes
(3) The board may issue an endorsement to this license
allowing for on-premises consumption of beer, including
strong beer, wine, or both of other manufacture if purchased
from a Washington state-licensed distributor. Each endorsement shall cost two hundred dollars per year, or four hundred
dollars per year allowing the sale and service of both beer and
wine.
(4) The microbrewer obtaining such endorsement must
determine, at the time the endorsement is issued, whether the
licensed premises will be operated either as a tavern with persons under twenty-one years of age not allowed as provided
for in RCW 66.24.330, or as a beer and/or wine restaurant as
described in RCW 66.24.320.
(5)(a) A microbrewery licensed under this section may
apply to the board for an endorsement to sell bottled beer of
its own production at retail for off-premises consumption at a
qualifying farmers market. The annual fee for this endorsement is seventy-five dollars.
(b) For each month during which a microbrewery will
sell beer at a qualifying farmers market, the microbrewery
must provide the board or its designee a list of the dates,
times, and locations at which bottled beer may be offered for
sale. This list must be received by the board before the
microbrewery may offer beer for sale at a qualifying farmers
market.
(c) The beer sold at qualifying farmers markets must be
produced in Washington.
(d) Each approved location in a qualifying farmers market is deemed to be part of the microbrewery license for the
purpose of this title. The approved locations under an
endorsement granted under this subsection (5) do not constitute the tasting or sampling privilege of a microbrewery. The
microbrewery may not store beer at a farmers market beyond
the hours that the microbrewery offers bottled beer for sale.
The microbrewery may not act as a distributor from a farmers
market location.
(e) Before a microbrewery may sell bottled beer at a
qualifying farmers market, the farmers market must apply to
the board for authorization for any microbrewery with an
endorsement approved under this subsection (5) to sell bottled beer at retail at the farmers market. This application shall
include, at a minimum: (i) A map of the farmers market
showing all booths, stalls, or other designated locations at
which an approved microbrewery may sell bottled beer; and
(ii) the name and contact information for the on-site market
managers who may be contacted by the board or its designee
to verify the locations at which bottled beer may be sold.
Before authorizing a qualifying farmers market to allow an
approved microbrewery to sell bottled beer at retail at its
farmers market location, the board shall notify the persons or
entities of the application for authorization pursuant to RCW
66.24.010 (8) and (9). An authorization granted under this
subsection (5)(e) may be withdrawn by the board for any violation of this title or any rules adopted under this title.
(f) The board may adopt rules establishing the application and approval process under this section and any additional rules necessary to implement this section.
(g) For the purposes of this subsection (5):
(i) "Qualifying farmers market" means an entity that
sponsors a regular assembly of vendors at a defined location
for the purpose of promoting the sale of agricultural products
(2006 Ed.)
66.24.244
grown or produced in this state directly to the consumer
under conditions that meet the following minimum requirements:
(A) There are at least five participating vendors who are
farmers selling their own agricultural products;
(B) The total combined gross annual sales of vendors
who are farmers exceeds the total combined gross annual
sales of vendors who are processors or resellers;
(C) The total combined gross annual sales of vendors
who are farmers, processors, or resellers exceeds the total
combined gross annual sales of vendors who are not farmers,
processors, or resellers;
(D) The sale of imported items and secondhand items by
any vendor is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or
without processing, agricultural products that he or she raises
on land he or she owns or leases in this state or in another
state’s county that borders this state.
(iii) "Processor" means a natural person who sells processed food that he or she has personally prepared on land he
or she owns or leases in this state or in another state’s county
that borders this state.
(iv) "Reseller" means a natural person who buys agricultural products from a farmer and resells the products directly
to the consumer. [2006 c 302 § 3; 2006 c 44 § 2. Prior: 2003
c 167 § 1; 2003 c 154 § 2; 1998 c 126 § 3; 1997 c 321 § 12.]
Reviser’s note: This section was amended by 2006 c 44 § 2 and by
2006 c 302 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2006 c 302: See note following RCW 66.24.170.
Expiration dates—2006 c 302: See note following RCW 66.24.206.
Effective date—2003 c 167: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 167 § 14.]
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.244
66.24.244 Microbrewery’s license—Fee. (Effective
June 30, 2008.) (1) There shall be a license for microbreweries; fee to be one hundred dollars for production of less than
sixty thousand barrels of malt liquor, including strong beer,
per year.
(2) Any microbrewery license under this section may
also act as a distributor and/or retailer for beer and strong
beer of its own production. Strong beer may not be sold at a
farmers market or under any endorsement which may authorize microbreweries to sell beer at farmers markets. Any
microbrewery operating as a distributor and/or retailer under
this subsection shall comply with the applicable laws and
rules relating to distributors and/or retailers. A microbrewery
holding a spirits, beer, and wine restaurant license may sell
beer of its own production for off-premises consumption
from its restaurant premises in kegs or in a sanitary container
brought to the premises by the purchaser or furnished by the
licensee and filled at the tap by the licensee at the time of sale.
[Title 66 RCW—page 35]
66.24.250
Title 66 RCW: Alcoholic Beverage Control
(3) The board may issue an endorsement to this license
allowing for on-premises consumption of beer, including
strong beer, wine, or both of other manufacture if purchased
from a Washington state-licensed distributor. Each endorsement shall cost two hundred dollars per year, or four hundred
dollars per year allowing the sale and service of both beer and
wine.
(4) The microbrewer obtaining such endorsement must
determine, at the time the endorsement is issued, whether the
licensed premises will be operated either as a tavern with persons under twenty-one years of age not allowed as provided
for in RCW 66.24.330, or as a beer and/or wine restaurant as
described in RCW 66.24.320.
(5)(a) A microbrewery licensed under this section may
apply to the board for an endorsement to sell bottled beer of
its own production at retail for off-premises consumption at a
qualifying farmers market. The annual fee for this endorsement is seventy-five dollars.
(b) For each month during which a microbrewery will
sell beer at a qualifying farmers market, the microbrewery
must provide the board or its designee a list of the dates,
times, and locations at which bottled beer may be offered for
sale. This list must be received by the board before the
microbrewery may offer beer for sale at a qualifying farmers
market.
(c) The beer sold at qualifying farmers markets must be
produced in Washington.
(d) Each approved location in a qualifying farmers market is deemed to be part of the microbrewery license for the
purpose of this title. The approved locations under an
endorsement granted under this subsection (5) do not constitute the tasting or sampling privilege of a microbrewery. The
microbrewery may not store beer at a farmers market beyond
the hours that the microbrewery offers bottled beer for sale.
The microbrewery may not act as a distributor from a farmers
market location.
(e) Before a microbrewery may sell bottled beer at a
qualifying farmers market, the farmers market must apply to
the board for authorization for any microbrewery with an
endorsement approved under this subsection (5) to sell bottled beer at retail at the farmers market. This application shall
include, at a minimum: (i) A map of the farmers market
showing all booths, stalls, or other designated locations at
which an approved microbrewery may sell bottled beer; and
(ii) the name and contact information for the on-site market
managers who may be contacted by the board or its designee
to verify the locations at which bottled beer may be sold.
Before authorizing a qualifying farmers market to allow an
approved microbrewery to sell bottled beer at retail at its
farmers market location, the board shall notify the persons or
entities of the application for authorization pursuant to RCW
66.24.010 (8) and (9). An authorization granted under this
subsection (5)(e) may be withdrawn by the board for any violation of this title or any rules adopted under this title.
(f) The board may adopt rules establishing the application and approval process under this section and any additional rules necessary to implement this section.
(g) For the purposes of this subsection (5):
(i) "Qualifying farmers market" means an entity that
sponsors a regular assembly of vendors at a defined location
for the purpose of promoting the sale of agricultural products
[Title 66 RCW—page 36]
grown or produced in this state directly to the consumer
under conditions that meet the following minimum requirements:
(A) There are at least five participating vendors who are
farmers selling their own agricultural products;
(B) The total combined gross annual sales of vendors
who are farmers exceeds the total combined gross annual
sales of vendors who are processors or resellers;
(C) The total combined gross annual sales of vendors
who are farmers, processors, or resellers exceeds the total
combined gross annual sales of vendors who are not farmers,
processors, or resellers;
(D) The sale of imported items and secondhand items by
any vendor is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or
without processing, agricultural products that he or she raises
on land he or she owns or leases in this state or in another
state’s county that borders this state.
(iii) "Processor" means a natural person who sells processed food that he or she has personally prepared on land he
or she owns or leases in this state or in another state’s county
that borders this state.
(iv) "Reseller" means a natural person who buys agricultural products from a farmer and resells the products directly
to the consumer. [2006 c 44 § 2. Prior: 2003 c 167 § 1; 2003
c 154 § 2; 1998 c 126 § 3; 1997 c 321 § 12.]
Effective date—2003 c 167: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 167 § 14.]
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.250
66.24.250 Beer distributor’s license—Fee. There
shall be a license for beer distributors to sell beer and strong
beer, purchased from licensed Washington breweries, beer
certificate of approval holders, licensed beer importers, or
suppliers of foreign beer located outside of the United States,
to licensed beer retailers and other beer distributors and to
export same from the state of Washington; fee six hundred
sixty dollars per year for each distributing unit. [2004 c 160
§ 6; 2003 c 167 § 2; 1997 c 321 § 13; 1981 1st ex.s. c 5 § 14;
1937 c 217 § 1 (23E) (adding new section 23-E to 1933 ex.s.
c 62); RRS § 7306-23E.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Report to legislature—2003 c 167: "The liquor control board shall
report to the legislature by December 1, 2004, on the impacts of strong beer
sales." [2003 c 167 § 13.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.261
66.24.261 Beer importer’s license—Principal
office—Report—Labels—Fee. There shall be a license for
beer importers that authorizes the licensee to import beer and
strong beer purchased from beer certificate of approval holders into the state of Washington. The licensee may also
(2006 Ed.)
Licenses—Stamp Taxes
import, from suppliers located outside of the United States,
beer and strong beer manufactured outside the United States.
(1) Beer and strong beer so imported may be sold to
licensed beer distributors or exported from the state.
(2) Every person, firm, or corporation licensed as a beer
importer shall establish and maintain a principal office within
the state at which shall be kept proper records of all beer and
strong beer imported into the state under this license.
(3) No beer importer’s license shall be granted to a nonresident of the state nor to a corporation whose principal
place of business is outside the state until such applicant has
established a principal office and agent within the state upon
which service can be made.
(4) As a requirement for license approval, a beer
importer shall enter into a written agreement with the board
to furnish on or before the twentieth day of each month, a
report under oath, detailing the quantity of beer and strong
beer sold or delivered to each licensed beer distributor. Failure to file such reports may result in the suspension or cancellation of this license.
(5) Beer and strong beer imported under this license
must conform to the provisions of RCW 66.28.120 and have
received label approval from the board. The board shall not
certify beer or strong beer labeled with names which may be
confused with other nonalcoholic beverages whether manufactured or produced from a domestic brewery or imported
nor shall it certify beer or strong beer which fails to meet
quality standards established by the board.
(6) The license fee shall be one hundred sixty dollars per
year. [2004 c 160 § 7; 2003 c 167 § 3; 1997 c 321 § 14.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.270
66.24.270 Manufacturer’s monthly report of malt
liquor or strong beer sales—Certificate of approval—
Report for out-of-state or imported beer—Fee. (Expires
June 30, 2008.) (1) Every person, firm or corporation, holding a license to manufacture malt liquors or strong beer
within the state of Washington, shall, on or before the twentieth day of each month, furnish to the Washington state liquor
control board, on a form to be prescribed by the board, a
statement showing the quantity of malt liquors and strong
beer sold for resale during the preceding calendar month to
each beer distributor within the state of Washington.
(2)(a) A United States brewery or manufacturer of beer
or strong beer, located outside the state of Washington, must
hold a certificate of approval to allow sales and shipment of
the certificate of approval holder’s beer or strong beer to
licensed Washington beer distributors, importers, or retailers.
A certificate of approval holder with a direct shipment
endorsement may act as a distributor for beer of its own production.
(b) Authorized representatives must hold a certificate of
approval to allow sales and shipment of United States produced beer or strong beer to licensed Washington beer distributors or importers.
(2006 Ed.)
66.24.270
(c) Authorized representatives must also hold a certificate of approval to allow sales and shipments of foreign produced beer or strong beer to licensed Washington beer distributors or importers.
(3) The certificate of approval shall not be granted unless
and until such brewer or manufacturer of beer or strong beer
or authorized representative shall have made a written agreement with the board to furnish to the board, on or before the
twentieth day of each month, a report under oath, on a form
to be prescribed by the board, showing the quantity of beer
and strong beer sold or delivered to each licensed beer distributor, importer, or retailer during the preceding month, and
shall further have agreed with the board, that such brewer or
manufacturer of beer or strong beer or authorized representative and all general sales corporations or agencies maintained
by them, and all of their trade representatives, corporations,
and agencies, shall and will faithfully comply with all laws of
the state of Washington pertaining to the sale of intoxicating
liquors and all rules and regulations of the Washington state
liquor control board. A violation of the terms of this agreement will cause the board to take action to suspend or revoke
such certificate.
(4) The fee for the certificate of approval and related
endorsements, issued pursuant to the provisions of this title,
shall be from time to time established by the board at a level
that is sufficient to defray the costs of administering the certificate of approval program. The fee shall be fixed by rule
by the board in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.
(5) Certificate of approval holders are deemed to have
consented to the jurisdiction of Washington concerning
enforcement of this chapter and all laws and rules related to
the sale and shipment of beer. [2006 c 302 § 6; 2004 c 160 §
8; 2003 c 167 § 4; 1997 c 321 § 15; 1981 1st ex.s. c 5 § 35;
1973 1st ex.s. c 209 § 14; 1969 ex.s. c 178 § 4; 1937 c 217 §
1 (23F) (adding new section 23-F to 1933 ex.s. c 62); RRS §
7306-23F. Formerly RCW 66.24.270 and 66.24.280.]
Effective date—2006 c 302: See note following RCW 66.24.170.
Expiration dates—2006 c 302: See note following RCW 66.24.206.
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
66.24.270
66.24.270 Manufacturer’s monthly report of malt
liquor or strong beer sales—Certificate of approval—
Report for out-of-state or imported beer—Fee. (Effective
June 30, 2008.) (1) Every person, firm or corporation, holding a license to manufacture malt liquors or strong beer
within the state of Washington, shall, on or before the twentieth day of each month, furnish to the Washington state liquor
control board, on a form to be prescribed by the board, a
statement showing the quantity of malt liquors and strong
beer sold for resale during the preceding calendar month to
each beer distributor within the state of Washington.
[Title 66 RCW—page 37]
66.24.290
Title 66 RCW: Alcoholic Beverage Control
(2)(a) A United States brewery or manufacturer of beer
or strong beer, located outside the state of Washington, must
hold a certificate of approval to allow sales and shipment of
the certificate of approval holder’s beer or strong beer to
licensed Washington beer distributors or importers.
(b) Authorized representatives must hold a certificate of
approval to allow sales and shipment of United States produced beer or strong beer to licensed Washington beer distributors or importers.
(c) Authorized representatives must also hold a certificate of approval to allow sales and shipments of foreign produced beer or strong beer to licensed Washington beer distributors or importers.
(3) The certificate of approval shall not be granted unless
and until such brewer or manufacturer of beer or strong beer
or authorized representative shall have made a written agreement with the board to furnish to the board, on or before the
twentieth day of each month, a report under oath, on a form
to be prescribed by the board, showing the quantity of beer
and strong beer sold or delivered to each licensed beer distributor or importer during the preceding month, and shall
further have agreed with the board, that such brewer or manufacturer of beer or strong beer or authorized representative
and all general sales corporations or agencies maintained by
them, and all of their trade representatives, corporations, and
agencies, shall and will faithfully comply with all laws of the
state of Washington pertaining to the sale of intoxicating
liquors and all rules and regulations of the Washington state
liquor control board. A violation of the terms of this agreement will cause the board to take action to suspend or revoke
such certificate.
(4) The fee for the certificate of approval, issued pursuant to the provisions of this title, shall be from time to time
established by the board at a level that is sufficient to defray
the costs of administering the certificate of approval program.
The fee shall be fixed by rule by the board in accordance with
the provisions of the administrative procedure act, chapter
34.05 RCW. [2004 c 160 § 8; 2003 c 167 § 4; 1997 c 321 §
15; 1981 1st ex.s. c 5 § 35; 1973 1st ex.s. c 209 § 14; 1969
ex.s. c 178 § 4; 1937 c 217 § 1 (23F) (adding new section 23F to 1933 ex.s. c 62); RRS § 7306-23F. Formerly RCW
66.24.270 and 66.24.280.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
66.24.290
66.24.290 Authorized, prohibited sales—Monthly
reports—Added tax—Distribution—Late payment penalty—Additional taxes, purposes. (Expires June 30,
2008.) (1) Any microbrewer or domestic brewery or beer
distributor licensed under this title may sell and deliver beer
and strong beer to holders of authorized licenses direct, but to
no other person, other than the board. Any certificate of
approval holder authorized to act as a distributor under RCW
66.24.270 shall pay the taxes imposed by this section.
[Title 66 RCW—page 38]
(a) Every such brewery or beer distributor shall report all
sales to the board monthly, pursuant to the regulations, and
shall pay to the board as an added tax for the privilege of
manufacturing and selling the beer and strong beer within the
state a tax of one dollar and thirty cents per barrel of thirtyone gallons on sales to licensees within the state and on sales
to licensees within the state of bottled and canned beer,
including strong beer, shall pay a tax computed in gallons at
the rate of one dollar and thirty cents per barrel of thirty-one
gallons.
(b) Any brewery or beer distributor whose applicable tax
payment is not postmarked by the twentieth day following
the month of sale will be assessed a penalty at the rate of two
percent per month or fraction thereof. Beer and strong beer
shall be sold by breweries and distributors in sealed barrels or
packages.
(c) The moneys collected under this subsection shall be
distributed as follows: (i) Three-tenths of a percent shall be
distributed to border areas under RCW 66.08.195; and (ii) of
the remaining moneys: (A) Twenty percent shall be distributed to counties in the same manner as under RCW
66.08.200; and (B) eighty percent shall be distributed to
incorporated cities and towns in the same manner as under
RCW 66.08.210.
(d) Any licensed retailer authorized to purchase beer
from a certificate of approval holder with a direct shipment
endorsement or a brewery or microbrewery shall make
monthly reports to the liquor control board on beer purchased
during the preceding calendar month in the manner and upon
such forms as may be prescribed by the board.
(2) An additional tax is imposed on all beer and strong
beer subject to tax under subsection (1) of this section. The
additional tax is equal to two dollars per barrel of thirty-one
gallons. All revenues collected during any month from this
additional tax shall be deposited in the violence reduction and
drug enforcement account under RCW 69.50.520 by the
twenty-fifth day of the following month.
(3)(a) An additional tax is imposed on all beer and strong
beer subject to tax under subsection (1) of this section. The
additional tax is equal to ninety-six cents per barrel of thirtyone gallons through June 30, 1995, two dollars and thirtynine cents per barrel of thirty-one gallons for the period July
1, 1995, through June 30, 1997, and four dollars and seventyeight cents per barrel of thirty-one gallons thereafter.
(b) The additional tax imposed under this subsection
does not apply to the sale of the first sixty thousand barrels of
beer each year by breweries that are entitled to a reduced rate
of tax under 26 U.S.C. Sec. 5051, as existing on July 1, 1993,
or such subsequent date as may be provided by the board by
rule consistent with the purposes of this exemption.
(c) All revenues collected from the additional tax
imposed under this subsection (3) shall be deposited in the
health services account under RCW 43.72.900.
(4) An additional tax is imposed on all beer and strong
beer that is subject to tax under subsection (1) of this section
that is in the first sixty thousand barrels of beer and strong
beer by breweries that are entitled to a reduced rate of tax
under 26 U.S.C. Sec. 5051, as existing on July 1, 1993, or
such subsequent date as may be provided by the board by rule
consistent with the purposes of the exemption under subsection (3)(b) of this section. The additional tax is equal to one
(2006 Ed.)
Licenses—Stamp Taxes
dollar and forty-eight and two-tenths cents per barrel of
thirty-one gallons. By the twenty-fifth day of the following
month, three percent of the revenues collected from this additional tax shall be distributed to border areas under RCW
66.08.195 and the remaining moneys shall be transferred to
the state general fund.
(5) The board may make refunds for all taxes paid on
beer and strong beer exported from the state for use outside
the state.
(6) The board may require filing with the board of a bond
to be approved by it, in such amount as the board may fix,
securing the payment of the tax. If any licensee fails to pay
the tax when due, the board may forthwith suspend or cancel
his or her license until all taxes are paid. [2006 c 302 § 7;
2003 c 167 § 5; 1999 c 281 § 14. Prior: 1997 c 451 § 1; 1997
c 321 § 16; 1995 c 232 § 4; 1994 sp.s. c 7 § 902 (Referendum
Bill No. 43, approved November 8, 1994); 1993 c 492 § 311;
1989 c 271 § 502; 1983 2nd ex.s. c 3 § 11; 1982 1st ex.s. c 35
§ 24; 1981 1st ex.s. c 5 § 16; 1965 ex.s. c 173 § 30; 1933 ex.s.
c 62 § 24; RRS § 7306-24.]
Effective date—2006 c 302: See note following RCW 66.24.170.
Expiration dates—2006 c 302: See note following RCW 66.24.206.
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 451: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 451 § 5.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: See note
following RCW 66.24.210.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—1965 ex.s. c 173: See note following RCW 82.98.030.
Giving away of liquor prohibited—Exceptions: RCW 66.28.040.
66.24.290 Authorized, prohibited sales—Monthly
reports—Added tax—Distribution—Late payment penalty—Additional taxes, purposes. (Effective June 30,
2008.) (1) Any microbrewer or domestic brewery or beer
distributor licensed under this title may sell and deliver beer
and strong beer to holders of authorized licenses direct, but to
no other person, other than the board; and every such brewery
or beer distributor shall report all sales to the board monthly,
pursuant to the regulations, and shall pay to the board as an
added tax for the privilege of manufacturing and selling the
beer and strong beer within the state a tax of one dollar and
thirty cents per barrel of thirty-one gallons on sales to licensees within the state and on sales to licensees within the state
66.24.290
(2006 Ed.)
66.24.290
of bottled and canned beer, including strong beer, shall pay a
tax computed in gallons at the rate of one dollar and thirty
cents per barrel of thirty-one gallons. Any brewery or beer
distributor whose applicable tax payment is not postmarked
by the twentieth day following the month of sale will be
assessed a penalty at the rate of two percent per month or
fraction thereof. Beer and strong beer shall be sold by breweries and distributors in sealed barrels or packages. The moneys collected under this subsection shall be distributed as follows: (a) Three-tenths of a percent shall be distributed to border areas under RCW 66.08.195; and (b) of the remaining
moneys: (i) Twenty percent shall be distributed to counties in
the same manner as under RCW 66.08.200; and (ii) eighty
percent shall be distributed to incorporated cities and towns
in the same manner as under RCW 66.08.210.
(2) An additional tax is imposed on all beer and strong
beer subject to tax under subsection (1) of this section. The
additional tax is equal to two dollars per barrel of thirty-one
gallons. All revenues collected during any month from this
additional tax shall be deposited in the violence reduction and
drug enforcement account under RCW 69.50.520 by the
twenty-fifth day of the following month.
(3)(a) An additional tax is imposed on all beer and strong
beer subject to tax under subsection (1) of this section. The
additional tax is equal to ninety-six cents per barrel of thirtyone gallons through June 30, 1995, two dollars and thirtynine cents per barrel of thirty-one gallons for the period July
1, 1995, through June 30, 1997, and four dollars and seventyeight cents per barrel of thirty-one gallons thereafter.
(b) The additional tax imposed under this subsection
does not apply to the sale of the first sixty thousand barrels of
beer each year by breweries that are entitled to a reduced rate
of tax under 26 U.S.C. Sec. 5051, as existing on July 1, 1993,
or such subsequent date as may be provided by the board by
rule consistent with the purposes of this exemption.
(c) All revenues collected from the additional tax
imposed under this subsection (3) shall be deposited in the
health services account under RCW 43.72.900.
(4) An additional tax is imposed on all beer and strong
beer that is subject to tax under subsection (1) of this section
that is in the first sixty thousand barrels of beer and strong
beer by breweries that are entitled to a reduced rate of tax
under 26 U.S.C. Sec. 5051, as existing on July 1, 1993, or
such subsequent date as may be provided by the board by rule
consistent with the purposes of the exemption under subsection (3)(b) of this section. The additional tax is equal to one
dollar and forty-eight and two-tenths cents per barrel of
thirty-one gallons. By the twenty-fifth day of the following
month, three percent of the revenues collected from this additional tax shall be distributed to border areas under RCW
66.08.195 and the remaining moneys shall be transferred to
the state general fund.
(5) The board may make refunds for all taxes paid on
beer and strong beer exported from the state for use outside
the state.
(6) The board may require filing with the board of a bond
to be approved by it, in such amount as the board may fix,
securing the payment of the tax. If any licensee fails to pay
the tax when due, the board may forthwith suspend or cancel
his or her license until all taxes are paid. [2003 c 167 § 5;
1999 c 281 § 14. Prior: 1997 c 451 § 1; 1997 c 321 § 16;
[Title 66 RCW—page 39]
66.24.305
Title 66 RCW: Alcoholic Beverage Control
1995 c 232 § 4; 1994 sp.s. c 7 § 902 (Referendum Bill No. 43,
approved November 8, 1994); 1993 c 492 § 311; 1989 c 271
§ 502; 1983 2nd ex.s. c 3 § 11; 1982 1st ex.s. c 35 § 24; 1981
1st ex.s. c 5 § 16; 1965 ex.s. c 173 § 30; 1933 ex.s. c 62 § 24;
RRS § 7306-24.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 451: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 451 § 5.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: See note
following RCW 66.24.210.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—1965 ex.s. c 173: See note following RCW 82.98.030.
board, for the purpose of maintaining an orderly market, may
limit the number of representative’s licenses issued for representation of specific classes of eligible employers;
(3) Every application for a representative’s license must
be approved by a holder of a certificate of approval issued
pursuant to RCW 66.24.270 or 66.24.206, a licensed beer distributor, a licensed domestic brewer, a licensed beer importer,
a licensed microbrewer, a licensed domestic winery, a
licensed wine importer, a licensed wine distributor, or by a
distiller, manufacturer, importer, or distributor of spirituous
liquor, or foreign produced beer or wine, as the rules and regulations of the board shall require;
(4) The fee for a representative’s license shall be twentyfive dollars per year;
(5) An accredited representative of a distiller, manufacturer, importer, or distributor of spirituous liquor may, after
he or she has applied for and received a representative’s
license, contact retail licensees of the board only in goodwill
activities pertaining to spirituous liquor products. [1997 c
321 § 17; 1981 1st ex.s. c 5 § 36; 1975-’76 2nd ex.s. c 74 § 1;
1971 ex.s. c 138 § 1; 1969 ex.s. c 21 § 5; 1939 c 172 § 2; 1937
c 217 § 1 (23I) (adding new section 23-I to 1933 ex.s. c 62);
RRS § 7306-23I.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1975-’76 2nd ex.s. c 74: "The effective date of this
1976 amendatory act shall be July 1, 1976." [1975-’76 2nd ex.s. c 74 § 4.]
Effective date—1969 ex.s. c 21: See note following RCW 64.04.010.
Giving away of liquor prohibited—Exceptions: RCW 66.28.040.
66.24.320
66.24.305 Refunds of taxes on unsalable wine and
beer. The board may refund the tax on wine imposed by
RCW 66.24.210, and the tax on beer imposed by RCW
66.24.290, when such taxpaid products have been deemed to
be unsalable and are destroyed within the state in accordance
with procedures established by the board. [1975 1st ex.s. c
173 § 11.]
66.24.305
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
66.24.310 Representative’s license—Qualifications—
Conditions and restrictions—Fee. (1) No person shall canvass for, solicit, receive, or take orders for the purchase or
sale of liquor, nor contact any licensees of the board in goodwill activities, unless such person shall be the accredited representative of a person, firm, or corporation holding a certificate of approval issued pursuant to RCW 66.24.270 or
66.24.206, a beer distributor’s license, a microbrewer’s
license, a domestic brewer’s license, a beer importer’s
license, a domestic winery license, a wine importer’s license,
or a wine distributor’s license within the state of Washington,
or the accredited representative of a distiller, manufacturer,
importer, or distributor of spirituous liquor, or foreign produced beer or wine, and shall have applied for and received a
representative’s license: PROVIDED, HOWEVER, That the
provisions of this section shall not apply to drivers who
deliver beer or wine;
(2) Every representative’s license issued under this title
shall be subject to all conditions and restrictions imposed by
this title or by the rules and regulations of the board; the
66.24.310
[Title 66 RCW—page 40]
66.24.320 Beer and/or wine restaurant license—Containers—Fee—Caterer’s endorsement. There shall be a
beer and/or wine restaurant license to sell beer, including
strong beer, or wine, or both, at retail, for consumption on the
premises. A patron of the licensee may remove from the premises, recorked or recapped in its original container, any portion of wine that was purchased for consumption with a meal.
(1) The annual fee shall be two hundred dollars for the
beer license, two hundred dollars for the wine license, or four
hundred dollars for a combination beer and wine license.
(2)(a) The board may issue a caterer’s endorsement to
this license to allow the licensee to remove from the liquor
stocks at the licensed premises, only those types of liquor that
are authorized under the on-premises license privileges for
sale and service at event locations at a specified date and,
except as provided in subsection (3) of this section, place not
currently licensed by the board. If the event is open to the
public, it must be sponsored by a society or organization as
defined by RCW 66.24.375. If attendance at the event is limited to members or invited guests of the sponsoring individual, society, or organization, the requirement that the sponsor
must be a society or organization as defined by RCW
66.24.375 is waived. Cost of the endorsement is three hundred fifty dollars.
(b) The holder of this license with catering endorsement
shall, if requested by the board, notify the board or its designee of the date, time, place, and location of any catered event.
Upon request, the licensee shall provide to the board all necessary or requested information concerning the society or
organization that will be holding the function at which the
endorsed license will be utilized.
(2006 Ed.)
Licenses—Stamp Taxes
(3) Licensees under this section that hold a caterer’s
endorsement are allowed to use this endorsement on a
domestic winery premises or on the premises of a passenger
vessel under the following conditions:
(a) Agreements between the domestic winery or the passenger vessel, as the case may be, and the retail licensee shall
be in writing, contain no exclusivity clauses regarding the
alcohol beverages to be served, and be filed with the board;
and
(b) The domestic winery or passenger vessel, as the case
may be, and the retail licensee shall be separately contracted
and compensated by the persons sponsoring the event for
their respective services.
(4) The holder of this license or its manager may furnish
beer or wine to the licensee’s employees free of charge as
may be required for use in connection with instruction on
beer and wine. The instruction may include the history,
nature, values, and characteristics of beer or wine, the use of
wine lists, and the methods of presenting, serving, storing,
and handling beer or wine. The beer and/or wine licensee
must use the beer or wine it obtains under its license for the
sampling as part of the instruction. The instruction must be
given on the premises of the beer and/or wine licensee.
(5) If the license is issued to a person who contracts with
the Washington state ferry system to provide food and alcohol service on a designated ferry route, the license shall cover
any vessel assigned to the designated route. A separate
license is required for each designated ferry route. [2006 c
362 § 1; 2006 c 101 § 2; 2005 c 152 § 1; 2004 c 62 § 2. Prior:
2003 c 345 § 1; 2003 c 167 § 6; 1998 c 126 § 4; 1997 c 321 §
18; 1995 c 232 § 6; 1991 c 42 § 1; 1987 c 458 § 11; 1981 1st
ex.s. c 5 § 37; 1977 ex.s. c 9 § 1; 1969 c 117 § 1; 1967 ex.s. c
75 § 2; 1941 c 220 § 1; 1937 c 217 § 1 (23M) (adding new
section 23-M to 1933 ex.s. c 62); Rem. Supp. 1941 § 730623M.]
Reviser’s note: This section was amended by 2006 c 101 § 2 and by
2006 c 362 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—1987 c 458: See note following RCW 48.21.160.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1967 ex.s. c 75: See note following RCW 66.08.180.
66.24.330
66.24.330 Tavern license—Fees. There shall be a beer
and wine retailer’s license to be designated as a tavern license
to sell beer, including strong beer, or wine, or both, at retail,
for consumption on the premises. Such licenses may be
issued only to a person operating a tavern that may be frequented only by persons twenty-one years of age and older.
The annual fee for such license shall be two hundred dollars for the beer license, two hundred dollars for the wine
license, or four hundred dollars for a combination beer and
wine license. Licensees who have a fee increase of more than
one hundred dollars as a result of this change shall have their
fees increased fifty percent of the amount the first renewal
(2006 Ed.)
66.24.360
year and the remaining amount beginning with the second
renewal period. New licensees obtaining a license after July
1, 1998, shall pay the full amount of four hundred dollars.
[2003 c 167 § 7; 1997 c 321 § 19; 1995 c 232 § 7; 1991 c 42
§ 2; 1987 c 458 § 12; 1981 1st ex.s. c 5 § 38; 1977 ex.s. c 9 §
2; 1973 1st ex.s. c 209 § 15; 1967 ex.s. c 75 § 3; 1941 c 220
§ 2; 1937 c 217 § 1 (23N) (adding new section 23-N to 1933
ex.s. c 62); Rem. Supp. 1941 § 7306-23N.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—1987 c 458: See note following RCW 48.21.160.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date—1967 ex.s. c 75: See note following RCW 66.08.180.
66.24.350
66.24.350 Snack bar license—Fee. There shall be a
beer retailer’s license to be designated as a snack bar license
to sell beer by the opened bottle or can at retail, for consumption upon the premises only, such license to be issued to
places where the sale of beer is not the principal business
conducted; fee one hundred twenty-five dollars per year.
[1997 c 321 § 20; 1991 c 42 § 3; 1981 1st ex.s. c 5 § 40; 1967
ex.s. c 75 § 5; 1937 c 217 § 1 (23P) (adding new section 23P to 1933 ex.s. c 62); RRS § 7306-23P.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1967 ex.s. c 75: See note following RCW 66.08.180.
66.24.354
66.24.354 Combined license—Sale of beer and wine
for consumption on and off premises—Conditions—Fee.
There shall be a beer and wine retailer’s license that may be
combined only with the on-premises licenses described in
either RCW 66.24.320 or 66.24.330. The combined license
permits the sale of beer and wine for consumption off the premises.
(1) Beer and wine sold for consumption off the premises
must be in original sealed packages of the manufacturer or
bottler.
(2) Beer may be sold to a purchaser in a sanitary container brought to the premises by the purchaser and filled at
the tap by the retailer at the time of sale.
(3) Licensees holding this type of license also may sell
malt liquor in kegs or other containers that are capable of
holding four gallons or more of liquid and are registered in
accordance with RCW 66.28.200.
(4) The board may impose conditions upon the issuance
of this license to best protect and preserve the health, safety,
and welfare of the public.
(5) The annual fee for this license shall be one hundred
twenty dollars. [1997 c 321 § 21.]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.360
66.24.360 Grocery store license—Fees—Restricted
license—Determination of public interest—Inventory—
International export endorsement. There shall be a beer
[Title 66 RCW—page 41]
66.24.371
Title 66 RCW: Alcoholic Beverage Control
and/or wine retailer’s license to be designated as a grocery
store license to sell beer, strong beer, and/or wine at retail in
bottles, cans, and original containers, not to be consumed
upon the premises where sold, at any store other than the state
liquor stores.
(1) Licensees obtaining a written endorsement from the
board may also sell malt liquor in kegs or other containers
capable of holding less than five and one-half gallons of liquid.
(2) The annual fee for the grocery store license is one
hundred fifty dollars for each store.
(3) The board shall issue a restricted grocery store
license authorizing the licensee to sell beer and only table
wine, if the board finds upon issuance or renewal of the
license that the sale of strong beer or fortified wine would be
against the public interest. In determining the public interest,
the board shall consider at least the following factors:
(a) The likelihood that the applicant will sell strong beer
or fortified wine to persons who are intoxicated;
(b) Law enforcement problems in the vicinity of the
applicant’s establishment that may arise from persons purchasing strong beer or fortified wine at the establishment; and
(c) Whether the sale of strong beer or fortified wine
would be detrimental to or inconsistent with a governmentoperated or funded alcohol treatment or detoxification program in the area.
If the board receives no evidence or objection that the
sale of strong beer or fortified wine would be against the public interest, it shall issue or renew the license without restriction, as applicable. The burden of establishing that the sale of
strong beer or fortified wine by the licensee would be against
the public interest is on those persons objecting.
(4) Licensees holding a grocery store license must maintain a minimum three thousand dollar inventory of food products for human consumption, not including pop, beer, strong
beer, or wine.
(5) Upon approval by the board, the grocery store licensee may also receive an endorsement to permit the international export of beer, strong beer, and wine.
(a) Any beer, strong beer, or wine sold under this
endorsement must have been purchased from a licensed beer
or wine distributor licensed to do business within the state of
Washington.
(b) Any beer, strong beer, and wine sold under this
endorsement must be intended for consumption outside the
state of Washington and the United States and appropriate
records must be maintained by the licensee.
(c) A holder of this special endorsement to the grocery
store license shall be considered not in violation of RCW
66.28.010.
(d) Any beer, strong beer, or wine sold under this license
must be sold at a price no less than the acquisition price paid
by the holder of the license.
(e) The annual cost of this endorsement is five hundred
dollars and is in addition to the license fees paid by the licensee for a grocery store license. [2003 c 167 § 8; 1997 c 321
§ 22; 1993 c 21 § 1; 1991 c 42 § 4; 1987 c 46 § 1; 1981 1st
ex.s. c 5 § 41; 1967 ex.s. c 75 § 6; 1937 c 217 § 1 (23Q) (adding new section 23-Q to 1933 ex.s. c 62); RRS § 7306-23Q.]
Application to certain retailers—2003 c 167 §§ 8 and 9: "Sections 8
and 9 of this act apply to retailers who hold a restricted grocery store license
[Title 66 RCW—page 42]
or restricted beer and/or wine specialty shop license on or after July 1, 2003."
[2003 c 167 § 12.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Effective date—1967 ex.s. c 75: See note following RCW 66.08.180.
Employees under eighteen allowed to handle beer or wine: RCW 66.44.340.
66.24.371
66.24.371 Beer and/or wine specialty shop license—
Fee—Samples—Restricted license—Determination of
public interest—Inventory. (1) There shall be a beer and/or
wine retailer’s license to be designated as a beer and/or wine
specialty shop license to sell beer, strong beer, and/or wine at
retail in bottles, cans, and original containers, not to be consumed upon the premises where sold, at any store other than
the state liquor stores. Licensees obtaining a written endorsement from the board may also sell malt liquor in kegs or other
containers capable of holding less than five and one-half gallons of liquid. The annual fee for the beer and/or wine specialty shop license is one hundred dollars for each store.
(2) Licensees under this section may provide, free or for
a charge, single-serving samples of two ounces or less to customers for the purpose of sales promotion. Sampling activities of licensees under this section are subject to RCW
66.28.010 and 66.28.040 and the cost of sampling under this
section may not be borne, directly or indirectly, by any manufacturer, importer, or distributor of liquor.
(3) The board shall issue a restricted beer and/or wine
specialty shop license, authorizing the licensee to sell beer
and only table wine, if the board finds upon issuance or
renewal of the license that the sale of strong beer or fortified
wine would be against the public interest. In determining the
public interest, the board shall consider at least the following
factors:
(a) The likelihood that the applicant will sell strong beer
or fortified wine to persons who are intoxicated;
(b) Law enforcement problems in the vicinity of the
applicant’s establishment that may arise from persons purchasing strong beer or fortified wine at the establishment; and
(c) Whether the sale of strong beer or fortified wine
would be detrimental to or inconsistent with a governmentoperated or funded alcohol treatment or detoxification program in the area.
If the board receives no evidence or objection that the
sale of strong beer or fortified wine would be against the public interest, it shall issue or renew the license without restriction, as applicable. The burden of establishing that the sale of
strong beer or fortified wine by the licensee would be against
the public interest is on those persons objecting.
(4) Licensees holding a beer and/or wine specialty shop
license must maintain a minimum three thousand dollar
wholesale inventory of beer, strong beer, and/or wine. [2003
c 167 § 9; 1997 c 321 § 23.]
Application to certain retailers—2003 c 167 §§ 8 and 9: See note following RCW 66.24.360.
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
(2006 Ed.)
Licenses—Stamp Taxes
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.375
66.24.375 "Society or organization" defined for certain purposes. "Society or organization" as used in RCW
66.24.380 means a not-for-profit group organized and operated solely for charitable, religious, social, political, educational, civic, fraternal, athletic, or benevolent purposes. No
portion of the profits from events sponsored by a not-forprofit group may be paid directly or indirectly to members,
officers, directors, or trustees except for services performed
for the organization. Any compensation paid to its officers
and executives must be only for actual services and at levels
comparable to the compensation for like positions within the
state. A society or organization which is registered with the
secretary of state or the federal internal revenue service as a
nonprofit organization may submit such registration as proof
that it is a not-for-profit group. [1997 c 321 § 61; 1981 c 287
§ 2.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective date—1981 c 287: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 287 § 3.]
66.24.380
66.24.380 Special occasion license—Fee—Penalty.
There shall be a retailer’s license to be designated as a special
occasion license to be issued to a not-for-profit society or
organization to sell spirits, beer, and wine by the individual
serving for on-premises consumption at a specified event,
such as at picnics or other special occasions, at a specified
date and place; fee sixty dollars per day.
(1) The not-for-profit society or organization is limited
to sales of no more than twelve calendar days per year. For
the purposes of this subsection, special occasion licensees
that are "agricultural area fairs" or "agricultural county, district, and area fairs," as defined by RCW 15.76.120, that
receive a special occasion license may, once per calendar
year, count as one event fairs that last multiple days, so long
as alcohol sales are at set dates, times, and locations, and the
board receives prior notification of the dates, times, and locations. The special occasion license applicant will pay the
sixty dollars per day for this event.
(2) The licensee may sell beer and/or wine in original,
unopened containers for off-premises consumption if permission is obtained from the board prior to the event.
(3) Sale, service, and consumption of spirits, beer, and
wine is to be confined to specified premises or designated
areas only.
(4) Spirituous liquor sold under this special occasion
license must be purchased at a state liquor store or contract
liquor store without discount at retail prices, including all
taxes.
(5) Any violation of this section is a class 1 civil infraction having a maximum penalty of two hundred fifty dollars
as provided for in chapter 7.80 RCW. [2005 c 151 § 10; 2004
c 133 § 2; 1997 c 321 § 24; 1988 c 200 § 2; 1981 1st ex.s. c 5
§ 43; 1973 1st ex.s. c 209 § 17; 1969 ex.s. c 178 § 5; 1937 c
217 § 1 (23S) (adding new section 23-S to 1933 ex.s. c 62);
RRS § 7306-23S.]
Effective date—1997 c 321: See note following RCW 66.24.010.
(2006 Ed.)
66.24.400
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—Effective date—1973 1st ex.s. c 209: See notes following RCW 66.08.070.
"Society or organization" defined for certain purposes: RCW 66.24.375.
66.24.395
66.24.395 Interstate common carrier’s licenses—
Class CCI—Fees—Scope. (1)(a) There shall be a license
that may be issued to corporations, associations, or persons
operating as federally licensed commercial common passenger carriers engaged in interstate commerce, in or over territorial limits of the state of Washington on passenger trains,
vessels, or airplanes. Such license shall permit the sale of
spirituous liquor, wine, and beer at retail for passenger consumption within the state upon one such train passenger car,
vessel, or airplane, while in or over the territorial limits of the
state. Such license shall include the privilege of transporting
into and storing within the state such liquor for subsequent
retail sale to passengers in passenger train cars, vessels or airplanes. The fees for such master license shall be seven hundred fifty dollars per annum (class CCI-1): PROVIDED,
That upon payment of an additional sum of five dollars per
annum per car, or vessel, or airplane, the privileges authorized by such license classes shall extend to additional cars,
or vessels, or airplanes operated by the same licensee within
the state, and a duplicate license for each additional car, or
vessel, or airplane shall be issued: PROVIDED, FURTHER,
That such licensee may make such sales and/or service upon
cars, or vessels, or airplanes in emergency for not more than
five consecutive days without such license: AND PROVIDED, FURTHER, That such license shall be valid only
while such cars, or vessels, or airplanes are actively operated
as common carriers for hire in interstate commerce and not
while they are out of such common carrier service.
(b) Alcoholic beverages sold and/or served for consumption by such interstate common carriers while within or over
the territorial limits of this state shall be subject to such board
markup and state liquor taxes in an amount to approximate
the revenue that would have been realized from such markup
and taxes had the alcoholic beverages been purchased in
Washington: PROVIDED, That the board’s markup shall be
applied on spirituous liquor only. Such common carriers shall
report such sales and/or service and pay such markup and
taxes in accordance with procedures prescribed by the board.
(2) Alcoholic beverages sold and delivered in this state
to interstate common carriers for use under the provisions of
this section shall be considered exported from the state, subject to the conditions provided in subsection (1)(b) of this
section. The storage facilities for liquor within the state by
common carriers licensed under this section shall be subject
to written approval by the board. [1997 c 321 § 25; 1981 1st
ex.s. c 5 § 44; 1975 1st ex.s. c 245 § 2.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.24.400
66.24.400 Liquor by the drink, spirits, beer, and wine
restaurant license—Liquor by the bottle for hotel or club
guests—Removing unconsumed liquor, when. (1) There
shall be a retailer’s license, to be known and designated as a
spirits, beer, and wine restaurant license, to sell spirituous
[Title 66 RCW—page 43]
66.24.410
Title 66 RCW: Alcoholic Beverage Control
liquor by the individual glass, beer, and wine, at retail, for
consumption on the premises, including mixed drinks and
cocktails compounded or mixed on the premises only: PROVIDED, That a hotel, or club licensed under chapter 70.62
RCW with overnight sleeping accommodations, that is
licensed under this section may sell liquor by the bottle to
registered guests of the hotel or club for consumption in guest
rooms, hospitality rooms, or at banquets in the hotel or club:
PROVIDED FURTHER, That a patron of a bona fide hotel,
restaurant, or club licensed under this section may remove
from the premises recorked or recapped in its original container any portion of wine which was purchased for consumption with a meal, and registered guests who have purchased liquor from the hotel or club by the bottle may remove
from the premises any unused portion of such liquor in its
original container. Such license may be issued only to bona
fide restaurants, hotels and clubs, and to dining, club and buffet cars on passenger trains, and to dining places on passenger
boats and airplanes, and to dining places at civic centers with
facilities for sports, entertainment, and conventions, and to
such other establishments operated and maintained primarily
for the benefit of tourists, vacationers and travelers as the
board shall determine are qualified to have, and in the discretion of the board should have, a spirits, beer, and wine restaurant license under the provisions and limitations of this title.
(2) The board may issue an endorsement to the spirits,
beer, and wine restaurant license that allows the holder of a
spirits, beer, and wine restaurant license to sell for off-premises consumption wine vinted and bottled in the state of
Washington and carrying a label exclusive to the license
holder selling the wine. Spirits and beer may not be sold for
off-premises consumption under this section. The annual fee
for the endorsement under this subsection is one hundred
twenty dollars.
(3) The holder of a spirits, beer, and wine license or its
manager may furnish beer, wine, or spirituous liquor to the
licensee’s employees free of charge as may be required for
use in connection with instruction on beer, wine, or spirituous
liquor. The instruction may include the history, nature, values, and characteristics of beer, wine, or spirituous liquor, the
use of wine lists, and the methods of presenting, serving, storing, and handling beer, wine, and spirituous liquor. The spirits, beer, and wine restaurant licensee must use the beer,
wine, or spirituous liquor it obtains under its license for the
sampling as part of the instruction. The instruction must be
given on the premises of the spirits, beer, and wine restaurant
licensee. [2005 c 152 § 2; 2001 c 199 § 4; 1998 c 126 § 5;
1997 c 321 § 26; 1987 c 196 § 1; 1986 c 208 § 1; 1981 c 94 §
2; 1977 ex.s. c 9 § 4; 1971 ex.s. c 208 § 1; 1949 c 5 § 1 (adding new section 23-S-1 to 1933 ex.s. c 62); Rem. Supp. 1949
§ 7306-23S-1.]
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective date—1986 c 208: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of state government and its existing public institutions, and shall take effect on May 1,
1986." [1986 c 208 § 2.]
Severability—1949 c 5: See RCW 66.98.080.
66.24.410
66.24.410 Liquor by the drink, spirits, beer, and wine
restaurant license—Terms defined. (1) "Spirituous
[Title 66 RCW—page 44]
liquor," as used in RCW 66.24.400 to 66.24.450, inclusive,
means "liquor" as defined in RCW 66.04.010, except "wine"
and "beer" sold as such.
(2) "Restaurant" as used in RCW 66.24.400 to
66.24.450, inclusive, means an establishment provided with
special space and accommodations where, in consideration of
payment, food, without lodgings, is habitually furnished to
the public, not including drug stores and soda fountains:
PROVIDED, That such establishments shall be approved by
the board and that the board shall be satisfied that such establishment is maintained in a substantial manner as a place for
preparing, cooking and serving of complete meals. The service of only fry orders or such food and victuals as sandwiches, hamburgers, or salads shall not be deemed in compliance with this definition.
(3) "Hotel," "clubs," "wine" and "beer" are used in RCW
66.24.400 to 66.24.450, inclusive, with the meaning given in
chapter 66.04 RCW: PROVIDED, That any such hotel shall
be provided with special space and accommodations where,
in consideration of payment, food is habitually furnished to
the public: PROVIDED FURTHER, That the board shall be
satisfied that such hotel is maintained in a substantial manner
as a place for preparing, cooking and serving of complete
meals. The service of only fry orders, sandwiches, hamburgers, or salads shall not be deemed in compliance with this definition. [1983 c 3 § 164; 1981 1st ex.s. c 5 § 17; 1969 ex.s. c
112 § 1; 1957 c 263 § 2. Prior: 1949 c 5 § 2, part (adding new
section 23-S-2 to 1933 ex.s. c 62); Rem. Supp. 1949 §
7306-23S-2, part.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—1949 c 5: See RCW 66.98.080.
66.24.420
66.24.420 Liquor by the drink, spirits, beer, and wine
restaurant license—Schedule of fees—Location—Number of licenses—Caterer’s endorsement. (1) The spirits,
beer, and wine restaurant license shall be issued in accordance with the following schedule of annual fees:
(a) The annual fee for a spirits, beer, and wine restaurant
license shall be graduated according to the dedicated dining
area and type of service provided as follows:
Less than 50% dedicated dining area
50% or more dedicated dining area
Service bar only
$2,000
$1,600
$1,000
(b) The annual fee for the license when issued to any
other spirits, beer, and wine restaurant licensee outside of
incorporated cities and towns shall be prorated according to
the calendar quarters, or portion thereof, during which the licensee is open for business, except in case of suspension or
revocation of the license.
(c) Where the license shall be issued to any corporation,
association or person operating a bona fide restaurant in an
airport terminal facility providing service to transient passengers with more than one place where liquor is to be dispensed
and sold, such license shall be issued upon the payment of the
annual fee, which shall be a master license and shall permit
such sale within and from one such place. Such license may
be extended to additional places on the premises at the discretion of the board and a duplicate license may be issued for
each such additional place. The holder of a master license for
(2006 Ed.)
Licenses—Stamp Taxes
a restaurant in an airport terminal facility must maintain in a
substantial manner at least one place on the premises for preparing, cooking, and serving of complete meals, and such
food service shall be available on request in other licensed
places on the premises. An additional license fee of twentyfive percent of the annual master license fee shall be required
for such duplicate licenses.
(d) Where the license shall be issued to any corporation,
association, or person operating dining places at a publicly or
privately owned civic or convention center with facilities for
sports, entertainment, or conventions, or a combination
thereof, with more than one place where liquor is to be dispensed and sold, such license shall be issued upon the payment of the annual fee, which shall be a master license and
shall permit such sale within and from one such place. Such
license may be extended to additional places on the premises
at the discretion of the board and a duplicate license may be
issued for each such additional place. The holder of a master
license for a dining place at such a publicly or privately
owned civic or convention center must maintain in a substantial manner at least one place on the premises for preparing,
cooking, and serving of complete meals, and food service
shall be available on request in other licensed places on the
premises. An additional license fee of ten dollars shall be
required for such duplicate licenses.
(e) Where the license shall be issued to any corporation,
association or person operating more than one building containing dining places at privately owned facilities which are
open to the public and where there is a continuity of ownership of all adjacent property, such license shall be issued
upon the payment of an annual fee which shall be a master
license and shall permit such sale within and from one such
place. Such license may be extended to the additional dining
places on the property or, in the case of a spirits, beer, and
wine restaurant licensed hotel, property owned or controlled
by leasehold interest by that hotel for use as a conference or
convention center or banquet facility open to the general public for special events in the same metropolitan area, at the discretion of the board and a duplicate license may be issued for
each additional place. The holder of the master license for
the dining place shall not offer alcoholic beverages for sale,
service, and consumption at the additional place unless food
service is available at both the location of the master license
and the duplicate license. An additional license fee of twenty
dollars shall be required for such duplicate licenses.
(2) The board, so far as in its judgment is reasonably possible, shall confine spirits, beer, and wine restaurant licenses
to the business districts of cities and towns and other communities, and not grant such licenses in residential districts, nor
within the immediate vicinity of schools, without being limited in the administration of this subsection to any specific
distance requirements.
(3) The board shall have discretion to issue spirits, beer,
and wine restaurant licenses outside of cities and towns in the
state of Washington. The purpose of this subsection is to
enable the board, in its discretion, to license in areas outside
of cities and towns and other communities, establishments
which are operated and maintained primarily for the benefit
of tourists, vacationers and travelers, and also golf and country clubs, and common carriers operating dining, club and
buffet cars, or boats.
(2006 Ed.)
66.24.420
(4) The total number of spirits, beer, and wine restaurant
licenses issued in the state of Washington by the board, not
including spirits, beer, and wine private club licenses, shall
not in the aggregate at any time exceed one license for each
one thousand four hundred fifty of population in the state,
determined according to the yearly population determination
developed by the office of financial management pursuant to
RCW 43.62.030.
(5) Notwithstanding the provisions of subsection (4) of
this section, the board shall refuse a spirits, beer, and wine
restaurant license to any applicant if in the opinion of the
board the spirits, beer, and wine restaurant licenses already
granted for the particular locality are adequate for the reasonable needs of the community.
(6)(a) The board may issue a caterer’s endorsement to
this license to allow the licensee to remove the liquor stocks
at the licensed premises, for use as liquor for sale and service
at event locations at a specified date and, except as provided
in subsection (7) of this section, place not currently licensed
by the board. If the event is open to the public, it must be
sponsored by a society or organization as defined by RCW
66.24.375. If attendance at the event is limited to members or
invited guests of the sponsoring individual, society, or organization, the requirement that the sponsor must be a society
or organization as defined by RCW 66.24.375 is waived.
Cost of the endorsement is three hundred fifty dollars.
(b) The holder of this license with catering endorsement
shall, if requested by the board, notify the board or its designee of the date, time, place, and location of any catered event.
Upon request, the licensee shall provide to the board all necessary or requested information concerning the society or
organization that will be holding the function at which the
endorsed license will be utilized.
(7) Licensees under this section that hold a caterer’s
endorsement are allowed to use this endorsement on a
domestic winery premises or on the premises of a passenger
vessel under the following conditions:
(a) Agreements between the domestic winery or passenger vessel, as the case may be, and the retail licensee shall be
in writing, contain no exclusivity clauses regarding the alcohol beverages to be served, and be filed with the board; and
(b) The domestic winery or passenger vessel, as the case
may be, and the retail licensee shall be separately contracted
and compensated by the persons sponsoring the event for
their respective services. [2006 c 101 § 3; 2006 c 85 § 1;
2004 c 62 § 3; 2003 c 345 § 2; 1998 c 126 § 6; 1997 c 321 §
27; 1996 c 218 § 4; 1995 c 55 § 1; 1981 1st ex.s. c 5 § 45;
1979 c 87 § 1; 1977 ex.s. c 219 § 4; 1975 1st ex.s. c 245 § 1;
1971 ex.s. c 208 § 2; 1970 ex.s. c 13 § 2. Prior: 1969 ex.s. c
178 § 6; 1969 ex.s. c 136 § 1; 1965 ex.s. c 143 § 3; 1949 c 5
§ 3 (adding new section 23-S-3 to 1933 ex.s. c 62); Rem.
Supp. 1949 § 7306-23S-3.]
Reviser’s note: This section was amended by 2006 c 85 § 1 and by
2006 c 101 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—1949 c 5: See RCW 66.98.080.
[Title 66 RCW—page 45]
66.24.425
Title 66 RCW: Alcoholic Beverage Control
66.24.425
66.24.425 Liquor by the drink, spirits, beer, and wine
restaurant license—Restaurants not serving the general
public. (1) The board may, in its discretion, issue a spirits,
beer, and wine restaurant license to a business which qualifies as a "restaurant" as that term is defined in RCW
66.24.410 in all respects except that the business does not
serve the general public but, through membership qualification, selectively restricts admission to the business. For purposes of RCW 66.24.400 and 66.24.420, all licenses issued
under this section shall be considered spirits, beer, and wine
restaurant licenses and shall be subject to all requirements,
fees, and qualifications in this title, or in rules adopted by the
board, as are applicable to spirits, beer, and wine restaurant
licenses generally except that no service to the general public
may be required.
(2) No license shall be issued under this section to a business:
(a) Which shall not have been in continuous operation
for at least one year immediately prior to the date of its application; or
(b) Which denies membership or admission to any person because of race, creed, color, national origin, sex, or the
presence of any sensory, mental, or physical handicap.
(3) The board may issue an endorsement to the spirits,
beer, and wine restaurant license issued under this section
that allows up to forty nonclub, member-sponsored events
using club liquor. Visitors and guests may attend these events
only by invitation of the sponsoring member or members.
These events may not be open to the general public. The fee
for the endorsement is an annual fee of nine hundred dollars.
Upon the board’s request, the holder of the endorsement must
provide the board or the board’s designee with the following
information at least seventy-two hours before the event: The
date, time, and location of the event; the name of the sponsor
of the event; and a brief description of the purpose of the
event.
(4) The board may issue an endorsement to the spirits,
beer, and wine restaurant license that allows the holder of a
spirits, beer, and wine restaurant license to sell for off-premises consumption wine vinted and bottled in the state of
Washington and carrying a label exclusive to the license
holder selling the wine. Spirits and beer may not be sold for
off-premises consumption under this section. The annual fee
for the endorsement under this chapter [section] is one hundred twenty dollars. [2001 c 199 § 3; 2001 c 198 § 1; 1998 c
126 § 7; 1997 c 321 § 28; 1982 c 85 § 3.]
Reviser’s note: This section was amended by 2001 c 198 § 1 and by
2001 c 199 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.440
66.24.440 Liquor by the drink, spirits, beer, and wine
restaurant, spirits, beer, and wine private club, and
sports entertainment facility license—Purchase of liquor
by licensees—Discount. Each spirits, beer, and wine restaurant, spirits, beer, and wine private club, and sports entertainment facility licensee shall be entitled to purchase any spirituous liquor items salable under such license from the board
at a discount of not less than fifteen percent from the retail
[Title 66 RCW—page 46]
price fixed by the board, together with all taxes. [1998 c 126
§ 8; 1997 c 321 § 29; 1949 c 5 § 5 (adding new section 23-S-5
to 1933 ex.s. c 62); Rem. Supp. 1949 § 7306-23S-5.]
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—1949 c 5: See RCW 66.98.080.
66.24.450
66.24.450 Liquor by the drink, spirits, beer, and wine
private club license—Qualifications—Fee. (1) No club
shall be entitled to a spirits, beer, and wine private club
license:
(a) Unless such private club has been in continuous operation for at least one year immediately prior to the date of its
application for such license;
(b) Unless the private club premises be constructed and
equipped, conducted, managed, and operated to the satisfaction of the board and in accordance with this title and the regulations made thereunder;
(c) Unless the board shall have determined pursuant to
any regulations made by it with respect to private clubs, that
such private club is a bona fide private club; it being the
intent of this section that license shall not be granted to a club
which is, or has been, primarily formed or activated to obtain
a license to sell liquor, but solely to a bona fide private club,
where the sale of liquor is incidental to the main purposes of
the spirits, beer, and wine private club, as defined in *RCW
66.04.010(7).
(2) The annual fee for a spirits, beer, and wine private
club license, whether inside or outside of an incorporated city
or town, is seven hundred twenty dollars per year.
(3) The board may issue an endorsement to the spirits,
beer, and wine private club license that allows up to forty
nonclub, member-sponsored events using club liquor. Visitors and guests may attend these events only by invitation of
the sponsoring member or members. These events may not be
open to the general public. The fee for the endorsement shall
be an annual fee of nine hundred dollars. Upon the board’s
request, the holder of the endorsement must provide the
board or the board’s designee with the following information
at least seventy-two hours prior to the event: The date, time,
and location of the event; the name of the sponsor of the
event; and a brief description of the purpose of the event.
(4) The board may issue an endorsement to the spirits,
beer, and wine private club license that allows the holder of a
spirits, beer, and wine private club license to sell for off-premises consumption wine vinted and bottled in the state of
Washington and carrying a label exclusive to the license
holder selling the wine. Spirits and beer may not be sold for
off-premises consumption under this section. The annual fee
for the endorsement under this chapter [section] is one hundred twenty dollars. [2001 c 199 § 1; 1999 c 281 § 5. Prior:
1998 c 126 § 9; 1998 c 114 § 1; 1997 c 321 § 30; 1981 1st
ex.s. c 5 § 18; 1949 c 5 § 6; 1937 c 217 § 1 (23T) (adding new
section 23-T to 1933 ex.s. c 62); Rem. Supp. 1949 § 730623T.]
*Reviser’s note: RCW 66.04.010 was amended by 2004 c 160 § 1,
changing subsection (7) to subsection (8), effective January 1, 2005.
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1998 c 114: "This act takes effect July 1, 1998." [1998
c 114 § 3.]
(2006 Ed.)
Licenses—Stamp Taxes
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Severability—1949 c 5: See RCW 66.98.080.
66.24.452
66.24.452 Private club beer and wine license—Fee.
(1) There shall be a beer and wine license to be issued to a private club for sale of beer, strong beer, and wine for on-premises consumption.
(2) Beer, strong beer, and wine sold by the licensee may
be on tap or by open bottles or cans.
(3) The fee for the private club beer and wine license is
one hundred eighty dollars per year.
(4) The board may issue an endorsement to the private
club beer and wine license that allows the holder of a private
club beer and wine license to sell for off-premises consumption wine vinted and bottled in the state of Washington and
carrying a label exclusive to the license holder selling the
wine. Spirits, strong beer, and beer may not be sold for offpremises consumption under this section. The annual fee for
the endorsement under this section is one hundred twenty
dollars. [2003 c 167 § 10; 2001 c 199 § 2; 1997 c 321 § 31.]
Effective date—2003 c 167: See note following RCW 66.24.244.
Report to legislature—2003 c 167: See note following RCW
66.24.250.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.495
66.24.481
66.24.481 Public place or club—License or permit
required—Penalty. No public place or club, or agent, servant or employee thereof, shall keep or allow to be kept,
either by itself, its agent, servant or employee, or any other
person, any liquor in any place maintained or conducted by
such public place or club, nor shall it permit the drinking of
any liquor in any such place, unless the sale of liquor in said
place is authorized by virtue of a valid and subsisting license
issued by the Washington state liquor control board, or the
consumption of liquor in said place is authorized by a special
banquet permit issued by said board. Every person who violates any provision of this section shall be guilty of a gross
misdemeanor.
"Public place," for purposes of this section only, shall
mean in addition to the definition set forth in *RCW
66.04.010(24), any place to which admission is charged or in
which any pecuniary gain is realized by the owner or operator
of such place in selling or vending food or soft drinks. [1969
ex.s. c 250 § 2; 1953 c 141 § 1 (adding a new section to chapter 66.24 RCW).]
*Reviser’s note: RCW 66.04.010 was amended by 1980 c 140 § 3,
changing subsection (24) to subsection (23). RCW 66.04.010 was subsequently amended by 1997 c 321 § 37, changing subsection (23) to subsection
(27). RCW 66.04.010 was subsequently amended by 2000 c 142 § 1, changing subsection (27) to subsection (28). RCW 66.04.010 was subsequently
amended by 2004 c 160 § 1, changing subsection (28) to subsection (29),
effective January 1, 2005. RCW 66.04.010 was subsequently amended by
2005 c 151 § 1, changing subsection (29) to subsection (30). RCW
66.04.010 was subsequently amended by 2006 c 225 § 1 and by 2006 c 101
§ 1, changing subsection (30) to subsection (32).
66.24.455
66.24.455 Bowling establishments—Extension of
premises to concourse and lane areas—Beer and/or wine
restaurant, tavern, snack bar, spirits, beer, and wine restaurant, spirits, beer, and wine private club, or beer and
wine private club licensees. Subject to approval by the
board, holders of beer and/or wine restaurant, tavern, snack
bar, spirits, beer, and wine restaurant, spirits, beer, and wine
private club, or beer and wine private club licenses may
extend their premises for the sale, service, and consumption
of liquor authorized under their respective licenses to the
concourse or lane areas in a bowling establishment where the
concourse or lane areas are adjacent to the food preparation
service facility. [1998 c 126 § 10; 1997 c 321 § 32; 1994 c
201 § 2; 1974 ex.s. c 65 § 1.]
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.480
66.24.480 Bottle clubs—License required. "Bottle
club" means a club or association operating for profit or otherwise and conducting or maintaining premises in which the
members or other persons may resort for the primary or incidental purpose of keeping or consuming liquor on the premises.
Except as permitted under a license issued by the Washington state liquor control board, it is unlawful for any person
to conduct or maintain by himself or by associating with others, or to in any manner aid, assist, or abet in conducting or
maintaining a bottle club. [1951 c 120 § 2 (adding a new section to Title 66 RCW).]
Reviser’s note: As to the constitutionality of this section, see Derby
Club v. Beckett, 41 Wn. 2d 869 (1953).
(2006 Ed.)
66.24.495
66.24.495 Nonprofit arts organization license—Fee.
(1) There shall be a license to be designated as a nonprofit
arts organization license. This shall be a special license to be
issued to any nonprofit arts organization which sponsors and
presents productions or performances of an artistic or cultural
nature in a specific theater or other appropriate designated
indoor premises approved by the board. The license shall permit the licensee to sell liquor to patrons of productions or performances for consumption on the premises at these events.
The fee for the license shall be two hundred fifty dollars per
annum.
(2) For the purposes of this section, the term "nonprofit
arts organization" means an organization which is organized
and operated for the purpose of providing artistic or cultural
exhibitions, presentations, or performances or cultural or art
education programs, as defined in subsection (3) of this section, for viewing or attendance by the general public. The
organization must be a not-for-profit corporation under chapter 24.03 RCW and managed by a governing board of not less
than eight individuals none of whom is a paid employee of
the organization or by a corporation sole under chapter 24.12
RCW. In addition, the corporation must satisfy the following
conditions:
(a) No part of its income may be paid directly or indirectly to its members, stockholders, officers, directors, or
trustees except in the form of services rendered by the corporation in accordance with its purposes and bylaws;
(b) Salary or compensation paid to its officers and executives must be only for actual services rendered, and at levels
comparable to the salary or compensation of like positions
within the state;
[Title 66 RCW—page 47]
66.24.520
Title 66 RCW: Alcoholic Beverage Control
(c) Assets of the corporation must be irrevocably dedicated to the activities for which the license is granted and, on
the liquidation, dissolution, or abandonment by the corporation, may not inure directly or indirectly to the benefit of any
member or individual except a nonprofit organization, association, or corporation;
(d) The corporation must be duly licensed or certified
when licensing or certification is required by law or regulation;
(e) The proceeds derived from sales of liquor, except for
reasonable operating costs, must be used in furtherance of the
purposes of the organization;
(f) Services must be available regardless of race, color,
national origin, or ancestry; and
(g) The liquor control board shall have access to its
books in order to determine whether the corporation is entitled to a license.
(3) The term "artistic or cultural exhibitions, presentations, or performances or cultural or art education programs"
includes and is limited to:
(a) An exhibition or presentation of works of art or
objects of cultural or historical significance, such as those
commonly displayed in art or history museums;
(b) A musical or dramatic performance or series of performances; or
(c) An educational seminar or program, or series of such
programs, offered by the organization to the general public
on an artistic, cultural, or historical subject. [1997 c 321 § 33;
1981 c 142 § 1.]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.520
66.24.520 Grower’s license—Fee. There shall be a
grower’s license to sell wine made from grapes or other agricultural products owned at the time of vinification by the licensee in bulk to holders of domestic wineries’, distillers’, or
manufacturers’ licenses or for export. The wine shall be made
upon the premises of a domestic winery licensee and is
referred to in this section as grower’s wine. A grower’s
license authorizes the agricultural product grower to contract
for the manufacturing of wine from the grower’s own agricultural product, store wine in bulk made from agricultural products produced by the holder of this license, and to sell wine in
bulk made from the grower’s own agricultural products to a
winery or distillery in the state of Washington or to export in
bulk for sale out-of-state. The annual fee for a grower’s
license shall be seventy-five dollars. For the purpose of chapter 66.28 RCW, a grower licensee shall be deemed a manufacturer. [1986 c 214 § 1.]
(b) A customs bonded warehouse, or be able to operate
from a foreign trade zone; and
(c) A notarized signed statement from the purchaser stating that the product is for consumption outside the state of
Washington.
(3) The license for qualified duty free exporters shall
authorize the duty free exporter to purchase from a brewery,
winery, beer wholesaler, wine wholesaler, beer importer, or
wine importer licensed by the state of Washington.
(4) Beer and/or wine sold and delivered in this state to
duty free exporters for use under this section shall be considered exported from the state.
(5) The fee for this license shall be one hundred dollars
per annum. [1987 c 386 § 1.]
66.24.540
66.24.540 Motel license—Fee. There shall be a
retailer’s license to be designated as a motel license. The
motel license may be issued to a motel regardless of whether
it holds any other class of license under this title. No license
may be issued to a motel offering rooms to its guests on an
hourly basis. The license authorizes the licensee to:
(1) Sell, at retail, in locked honor bars, spirits in individual bottles not to exceed fifty milliliters, beer in individual
cans or bottles not to exceed twelve ounces, and wine in individual bottles not to exceed one hundred eighty-seven milliliters, to registered guests of the motel for consumption in
guest rooms.
(a) Each honor bar must also contain snack foods. No
more than one-half of the guest rooms may have honor bars.
(b) All spirits to be sold under the license must be purchased from the board.
(c) The licensee shall require proof of age from the guest
renting a guest room and requesting the use of an honor bar.
The guest shall also execute an affidavit verifying that no one
under twenty-one years of age shall have access to the spirits,
beer, and wine in the honor bar.
(2) Provide without additional charge, to overnight
guests of the motel, beer and wine by the individual serving
for on-premises consumption at a specified regular date,
time, and place as may be fixed by the board. Self-service by
attendees is prohibited. All beer and wine service must be
done by an alcohol server as defined in RCW 66.20.300 and
comply with RCW 66.20.310.
The annual fee for a motel license is five hundred dollars.
"Motel" as used in this section means a transient accommodation licensed under chapter 70.62 RCW.
As used in this section, "spirits," "beer," and "wine" have
the meanings defined in RCW 66.04.010. [1999 c 129 § 1;
1997 c 321 § 34; 1993 c 511 § 1.]
66.24.530
66.24.530 Duty free exporter’s license—Class S—
Fee. (1) There shall be a license to be designated as a class S
license to qualified duty free exporters authorizing such
exporters to sell beer and wine to vessels for consumption
outside the state of Washington.
(2) To qualify for a license under subsection (1) of this
section, the exporter shall have:
(a) An importer’s basic permit issued by the United
States bureau of alcohol, tobacco, and firearms and a customs
house license in conjunction with a common carriers bond;
[Title 66 RCW—page 48]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.550
66.24.550 Beer and wine gift delivery license—Fee—
Limitations. There shall be a beer and wine retailer’s license
to be designated as a beer and wine gift delivery license to
solicit, take orders for, sell, and deliver beer and/or wine in
bottles and original packages to persons other than the person
placing the order. A beer and wine gift delivery license may
be issued only to a business solely engaged in the sale or sale
and delivery of gifts at retail which holds no other class of
(2006 Ed.)
Licenses—Stamp Taxes
license under this title or to a person in the business of selling
flowers or floral arrangements at retail. No minimum beer
and/or wine inventory requirement shall apply to holders of
beer and wine gift delivery licenses. The fee for this license is
seventy-five dollars per year. Delivery of beer and/or wine
under a beer and wine gift delivery license shall be made in
accordance with all applicable provisions of this title and the
rules of the board, and no beer and/or wine so delivered shall
be opened on any premises licensed under this title. A beer
and wine gift delivery license does not authorize door-todoor solicitation of gift wine delivery orders. Deliveries of
beer and/or wine under a beer and wine gift delivery license
shall be made only in conjunction with gifts or flowers.
[1997 c 321 § 35; 1989 c 149 § 1; 1986 c 40 § 1; 1982 c 85 §
10.]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.570
66.24.570 Sports/entertainment facility license—
Fee—Caterer’s endorsement. (1) There is a license for
sports entertainment facilities to be designated as a
sports/entertainment facility license to sell beer, wine, and
spirits at retail, for consumption upon the premises only, the
license to be issued to the entity providing food and beverage
service at a sports entertainment facility as defined in this
section. The cost of the license is two thousand five hundred
dollars per annum.
(2) For purposes of this section, a sports entertainment
facility includes a publicly or privately owned arena, coliseum, stadium, or facility where sporting events are presented for a price of admission. The facility does not have to
be exclusively used for sporting events.
(3) The board may impose reasonable requirements upon
a licensee under this section, such as requirements for the
availability of food and victuals including but not limited to
hamburgers, sandwiches, salads, or other snack food. The
board may also restrict the type of events at a sports entertainment facility at which beer, wine, and spirits may be served.
When imposing conditions for a licensee, the board must
consider the seating accommodations, eating facilities, and
circulation patterns in such a facility, and other amenities
available at a sports entertainment facility.
(4)(a) The board may issue a caterer’s endorsement to
the license under this section to allow the licensee to remove
from the liquor stocks at the licensed premises, for use as
liquor for sale and service at event locations at a specified
date and place not currently licensed by the board. If the
event is open to the public, it must be sponsored by a society
or organization as defined by RCW 66.24.375. If attendance
at the event is limited to members or invited guests of the
sponsoring individual, society, or organization, the requirement that the sponsor must be a society or organization as
defined by RCW 66.24.375 is waived. Cost of the endorsement is three hundred fifty dollars.
(b) The holder of this license with catering endorsement
shall, if requested by the board, notify the board or its designee of the date, time, place, and location of any catered event.
Upon request, the licensee shall provide to the board all necessary or requested information concerning the society or
organization that will be holding the function at which the
endorsed license will be utilized.
(2006 Ed.)
66.24.580
(5) The board may issue an endorsement to the beer,
wine, and spirits sports/entertainment facility license that
allows the holder of a beer, wine, and spirits sports/entertainment facility license to sell for off-premises consumption
wine vinted and bottled in the state of Washington and carrying a label exclusive to the license holder selling the wine.
Spirits and beer may not be sold for off-premises consumption under this section. The annual fee for the endorsement
under this section is one hundred twenty dollars. [2003 c 345
§ 3; 2001 c 199 § 5; 1997 c 321 § 36; 1996 c 218 § 1.]
Effective date—1997 c 321: See note following RCW 66.24.010.
66.24.580 Public house license—Fees—Limitations.
(1) A public house license allows the licensee:
(a) To annually manufacture no less than two hundred
fifty gallons and no more than two thousand four hundred
barrels of beer on the licensed premises;
(b) To sell product, that is produced on the licensed premises, at retail on the licensed premises for consumption on
the licensed premises;
(c) To sell beer or wine not of its own manufacture for
consumption on the licensed premises if the beer or wine has
been purchased from a licensed beer or wine wholesaler;
(d) To hold other classes of retail licenses at other locations without being considered in violation of RCW
66.28.010;
(e) To apply for and, if qualified and upon the payment
of the appropriate fee, be licensed as a spirits, beer, and wine
restaurant to do business at the same location. This fee is in
addition to the fee charged for the basic public house license.
(2) While the holder of a public house license is not to be
considered in violation of the prohibitions of ownership or
interest in a retail license in RCW 66.28.010, the remainder
of RCW 66.28.010 applies to such licensees.
(3) A public house licensee must pay all applicable taxes
on production as are required by law, and all appropriate
taxes must be paid for any product sold at retail on the
licensed premises.
(4) The employees of the licensee must comply with the
provisions of mandatory server training in RCW 66.20.300
through 66.20.350.
(5) The holder of a public house license may not hold a
wholesaler’s or importer’s license, act as the agent of another
manufacturer, wholesaler, or importer, or hold a brewery or
winery license.
(6) The annual license fee for a public house is one thousand dollars.
(7) The holder of a public house license may hold other
licenses at other locations if the locations are approved by the
board.
(8) Existing holders of annual retail liquor licenses may
apply for and, if qualified, be granted a public house license
at one or more of their existing liquor licensed locations without discontinuing business during the application or construction stages. [1999 c 281 § 6; 1996 c 224 § 2.]
66.24.580
Intent—1996 c 224: "It is the intent of the legislature that holders of
annual on-premises retail liquor licenses be allowed to operate manufacturing facilities on those premises. This privilege is viewed as a means of
enhancing and meeting the needs of the licensees’ patrons without being in
violation of the tied-house statute prohibitions of RCW 66.28.010. Furthermore, it is the intention of the legislature that this type of business not be
viewed as primarily a manufacturing facility. Rather, the public house lic[Title 66 RCW—page 49]
Chapter 66.28
Title 66 RCW: Alcoholic Beverage Control
ensee shall be viewed as an annual retail licensee who is making malt liquor
for on-premises consumption by the patrons of the licensed premises."
[1996 c 224 § 1.]
Chapter 66.28 RCW
MISCELLANEOUS REGULATORY PROVISIONS
Chapter 66.28
Sections
66.28.010
66.28.030
66.28.040
66.28.042
66.28.043
66.28.045
66.28.050
66.28.060
66.28.070
66.28.080
66.28.090
66.28.100
66.28.110
66.28.120
66.28.130
66.28.140
66.28.150
66.28.155
66.28.160
66.28.170
66.28.180
66.28.190
66.28.200
66.28.210
66.28.220
66.28.230
66.28.240
66.28.260
Manufacturers, importers, distributors, and authorized representatives barred from interest in retail business or location—Advances prohibited—"Financial interest" defined—
Exceptions.
Responsibility of breweries, microbreweries, wineries, certificate approval holders, and importers for conduct of distributors—Penalties.
Giving away of liquor prohibited—Exceptions.
Providing food and beverages for business meetings permitted.
Providing food, beverages, transportation, and admission to
events permitted.
Furnishing samples to board—Standards for accountability—
Regulations.
Solicitation of orders prohibited.
Distillers to make monthly report—No sale except to board.
Restrictions on purchases of beer or wine by retail beer or wine
licensees or special occasion licensees.
Permit for music and dancing upon licensed premises.
Licensed premises or banquet permit premises open to inspection—Failure to allow, violation.
Spirits to be labeled—Contents.
Wine to be labeled—Contents.
Malt liquor to be labeled—Contents.
Selling or serving of liquor to or consumption by standing or
walking person.
Removing family beer or wine from home for exhibition or use
at wine tastings or competitions—Conditions.
Breweries, microbreweries, wineries, distilleries, distributors,
certificate of approval holders, and agents authorized to conduct courses of instruction on beer and wine.
Breweries, microbreweries, wineries, distilleries, distributors,
certificate of approval holders, and agents authorized to conduct educational activities on licensed premises of retailer.
Promotion of liquor at colleges and universities.
Wine or malt beverage manufacturers—Discrimination in
price to purchaser for resale prohibited.
Price modification by certain persons, firms, or corporations—
Board notification and approval—Intent—Price posting—
Price filing, contracts, memoranda.
Sales of nonliquor food and food ingredients.
Keg registration—Special endorsement for grocery store licensee—Requirements of seller.
Keg registration—Requirements of purchaser.
Keg registration—Identification of containers—Rules—
Fees—Sale in violation of rules unlawful.
Keg registration—Furnishing to minors—Penalties.
Keg registration—State preemption.
Beer distributors—Restricted transactions.
Grower licensee deemed a manufacturer: RCW 66.24.520.
Labels, unlawful refilling, etc., of trademarked containers: Chapter 19.76
RCW.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
66.28.010
66.28.010 Manufacturers, importers, distributors,
and authorized representatives barred from interest in
retail business or location—Advances prohibited—
"Financial interest" defined—Exceptions. (1)(a) No manufacturer, importer, distributor, or authorized representative,
or person financially interested, directly or indirectly, in such
business; whether resident or nonresident, shall have any
financial interest, direct or indirect, in any licensed retail
business, unless the retail business is owned by a corporation
in which a manufacturer or importer has no direct stock ownership and there are no interlocking officers and directors, the
[Title 66 RCW—page 50]
retail license is held by a corporation that is not owned
directly or indirectly by a manufacturer or importer, the sales
of liquor are incidental to the primary activity of operating
the property as a hotel, alcoholic beverages produced by the
manufacturer or importer or their subsidiaries are not sold at
the licensed premises, and the board reviews the ownership
and proposed method of operation of all involved entities and
determines that there will not be an unacceptable level of
control or undue influence over the operation or the retail licensee; nor shall any manufacturer, importer, distributor, or
authorized representative own any of the property upon
which such licensed persons conduct their business; nor shall
any such licensed person, under any arrangement whatsoever, conduct his or her business upon property in which any
manufacturer, importer, distributor, or authorized representative has any interest unless title to that property is owned by
a corporation in which a manufacturer has no direct stock
ownership and there are no interlocking officers or directors,
the retail license is held by a corporation that is not owned
directly or indirectly by the manufacturer, the sales of liquor
are incidental to the primary activity of operating the property either as a hotel or as an amphitheater offering live musical and similar live entertainment activities to the public,
alcoholic beverages produced by the manufacturer or any of
its subsidiaries are not sold at the licensed premises, and the
board reviews the ownership and proposed method of operation of all involved entities and determines that there will not
be an unacceptable level of control or undue influence over
the operation of the retail licensee. Except as provided in
subsection (3) of this section, no manufacturer, importer, distributor, or authorized representative shall advance moneys
or moneys’ worth to a licensed person under an arrangement,
nor shall such licensed person receive, under an arrangement,
an advance of moneys or moneys’ worth. "Person" as used in
this section only shall not include those state or federally
chartered banks, state or federally chartered savings and loan
associations, state or federally chartered mutual savings
banks, or institutional investors which are not controlled
directly or indirectly by a manufacturer, importer, distributor,
or authorized representative as long as the bank, savings and
loan association, or institutional investor does not influence
or attempt to influence the purchasing practices of the retailer
with respect to alcoholic beverages. Except as otherwise provided in this section, no manufacturer, importer, distributor,
or authorized representative shall be eligible to receive or
hold a retail license under this title, nor shall such manufacturer, importer, distributor, or authorized representative sell
at retail any liquor as herein defined. A corporation granted
an exemption under this subsection may use debt instruments
issued in connection with financing construction or operations of its facilities.
(b) Nothing in this section shall prohibit a licensed
domestic brewery or microbrewery from being licensed as a
retailer pursuant to chapter 66.24 RCW for the purpose of
selling beer or wine at retail on the brewery premises and
nothing in this section shall prohibit a domestic winery from
being licensed as a retailer pursuant to chapter 66.24 RCW
for the purpose of selling beer or wine at retail on the winery
premises. Such beer and wine so sold at retail shall be subject
to the taxes imposed by RCW 66.24.290 and 66.24.210 and
to reporting and bonding requirements as prescribed by regu(2006 Ed.)
Miscellaneous Regulatory Provisions
lations adopted by the board pursuant to chapter 34.05 RCW,
and beer and wine that is not produced by the brewery or winery shall be purchased from a licensed beer or wine distributor.
(c) Nothing in this section shall prohibit a licensed distiller, domestic brewery, microbrewery, domestic winery, or
a lessee of a licensed domestic brewer, microbrewery, or
domestic winery, from being licensed as a spirits, beer, and
wine restaurant pursuant to chapter 66.24 RCW for the purpose of selling liquor at a spirits, beer, and wine restaurant
premises on the property on which the primary manufacturing facility of the licensed distiller, domestic brewer, microbrewery, or domestic winery is located or on contiguous
property owned or leased by the licensed distiller, domestic
brewer, microbrewery, or domestic winery as prescribed by
rules adopted by the board pursuant to chapter 34.05 RCW.
(d) Nothing in this section prohibits retail licensees with
a caterer’s endorsement issued under RCW 66.24.320 or
66.24.420 from operating on a domestic winery premises.
(e) Nothing in this section prohibits an organization
qualifying under RCW 66.24.375 formed for the purpose of
constructing and operating a facility to promote Washington
wines from holding retail licenses on the facility property or
leasing all or any portion of such facility property to a retail
licensee on the facility property if the members of the board
of directors or officers of the board for the organization
include officers, directors, owners, or employees of a
licensed domestic winery. Financing for the construction of
the facility must include both public and private money.
(f) Nothing in this section prohibits a bona fide charitable nonprofit society or association registered as a 501(c)(3)
under the internal revenue code and having an officer, director, owner, or employee of a licensed domestic winery or a
wine certificate of approval holder on its board of directors
from holding a special occasion license under RCW
66.24.380.
(g) Nothing in this section prohibits domestic wineries
and retailers licensed under chapter 66.24 RCW from jointly
producing brochures and materials promoting tourism in
Washington state which contain information regarding retail
licensees, domestic wineries, and their products.
(h) Nothing in this section prohibits domestic wineries
and retail licensees from identifying the wineries on private
labels authorized under RCW 66.24.400, 66.24.425, and
66.24.450.
(i) Until July 1, 2007, nothing in this section prohibits a
nonprofit statewide organization of microbreweries formed
for the purpose of promoting Washington’s craft beer industry as a trade association registered as a 501(c) with the internal revenue service from holding a special occasion license to
conduct up to six beer festivals.
(2) Financial interest, direct or indirect, as used in this
section, shall include any interest, whether by stock ownership, mortgage, lien, or through interlocking directors, or otherwise. Pursuant to rules promulgated by the board in accordance with chapter 34.05 RCW manufacturers, distributors,
and importers may perform, and retailers may accept the service of building, rotating and restocking case displays and
stock room inventories; rotating and rearranging can and bottle displays of their own products; provide point of sale material and brand signs; price case goods of their own brands;
(2006 Ed.)
66.28.030
and perform such similar normal business services as the
board may by regulation prescribe.
(3)(a) This section does not prohibit a manufacturer,
importer, or distributor from providing services to a special
occasion licensee for: (i) Installation of draft beer dispensing
equipment or advertising, (ii) advertising, pouring, or dispensing of beer or wine at a beer or wine tasting exhibition or
judging event, or (iii) a special occasion licensee from receiving any such services as may be provided by a manufacturer,
importer, or distributor. Nothing in this section shall prohibit
a retail licensee, or any person financially interested, directly
or indirectly, in such a retail licensee from having a financial
interest, direct or indirect, in a business which provides, for a
compensation commensurate in value to the services provided, bottling, canning or other services to a manufacturer,
so long as the retail licensee or person interested therein has
no direct financial interest in or control of said manufacturer.
(b) A person holding contractual rights to payment from
selling a liquor distributor’s business and transferring the
license shall not be deemed to have a financial interest under
this section if the person (i) lacks any ownership in or control
of the distributor, (ii) is not employed by the distributor, and
(iii) does not influence or attempt to influence liquor purchases by retail liquor licensees from the distributor.
(c) The board shall adopt such rules as are deemed necessary to carry out the purposes and provisions of subsection
(3)(a) of this section in accordance with the administrative
procedure act, chapter 34.05 RCW.
(4) A license issued under RCW 66.24.395 does not constitute a retail license for the purposes of this section.
(5) A public house license issued under RCW 66.24.580
does not violate the provisions of this section as to a retailer
having an interest directly or indirectly in a liquor-licensed
manufacturer. [2006 c 330 § 28; 2006 c 92 § 1; 2006 c 43 §
1. Prior: 2004 c 160 § 9; 2004 c 62 § 1; 2002 c 109 § 1; 2000
c 177 § 1; prior: 1998 c 127 § 1; 1998 c 126 § 11; 1997 c 321
§ 46; prior: 1996 c 224 § 3; 1996 c 106 § 1; 1994 c 63 § 1;
1992 c 78 § 1; 1985 c 363 § 1; 1982 c 85 § 7; 1977 ex.s. c 219
§ 2; 1975-’76 2nd ex.s. c 74 § 3; 1975 1st ex.s. c 173 § 6;
1937 c 217 § 6; 1935 c 174 § 14; 1933 ex.s. c 62 § 90; RRS §
7306-90; prior: 1909 c 84 § 1.]
Reviser’s note: This section was amended by 2006 c 43 § 1, 2006 c 92
§ 1, and by 2006 c 330 § 28, each without reference to the other. All amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Construction—Severability—2006 c 330: See RCW 15.89.900 and
15.89.901.
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1998 c 127: "This act takes effect July 1, 1998." [1998
c 127 § 2.]
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Intent—1996 c 224: See note following RCW 66.24.580.
Effective date—1975-’76 2nd ex.s. c 74: See note following RCW
66.24.310.
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
Giving away of liquor prohibited—Exceptions: RCW 66.28.040.
66.28.030
66.28.030 Responsibility of breweries, microbreweries, wineries, certificate of approval holders, and import[Title 66 RCW—page 51]
66.28.040
Title 66 RCW: Alcoholic Beverage Control
ers for conduct of distributors—Penalties. Every domestic
brewery and microbrewery, domestic winery, certificate of
approval holder, licensed wine importer, and licensed beer
importer shall be responsible for the conduct of any licensed
beer or wine distributor in selling, or contracting to sell, to
retail licensees, beer or wine manufactured by such domestic
brewery, microbrewery, domestic winery, manufacturer
holding a certificate of approval, sold by an authorized representative holding a certificate of approval, or imported by
such beer or wine importer. Where the board finds that any
licensed beer or wine distributor has violated any of the provisions of this title or of the regulations of the board in selling
or contracting to sell beer or wine to retail licensees, the
board may, in addition to any punishment inflicted or
imposed upon such distributor, prohibit the sale of the brand
or brands of beer or wine involved in such violation to any or
all retail licensees within the trade territory usually served by
such distributor for such period of time as the board may fix,
irrespective of whether the brewer manufacturing such beer
or the beer importer importing such beer or the domestic winery manufacturing such wine or the wine importer importing
such wine or the certificate of approval holder manufacturing
such beer or wine or acting as authorized representative actually participated in such violation. [2004 c 160 § 10; 1997 c
321 § 47; 1975 1st ex.s. c 173 § 8; 1969 ex.s. c 21 § 6; 1939
c 172 § 8 (adding new section 27-D to 1933 ex.s. c 62); RRS
§ 7306-27D.]
study of viticulture which has been in existence for at least
six months and that uses wine so furnished solely for such
educational purposes or a domestic winery, or an out-of-state
certificate of approval holder, from furnishing wine without
charge or a domestic brewery, or an out-of-state certificate of
approval holder, from furnishing beer without charge, subject
to the taxes imposed by RCW 66.24.210 or 66.24.290, to a
nonprofit charitable corporation or association exempt from
taxation under section 501(c)(3) of the internal revenue code
of 1986 (26 U.S.C. Sec. 501(c)(3)) for use consistent with the
purpose or purposes entitling it to such exemption; nothing in
this section shall prevent a domestic brewery or microbrewery from serving beer without charge, on the brewery premises; nothing in this section shall prevent donations of wine
for the purposes of RCW 66.12.180; and nothing in this section shall prevent a domestic winery from serving wine without charge, on the winery premises. [2004 c 160 § 11; 2000
c 179 § 1. Prior: 1998 c 256 § 1; 1998 c 126 § 12; 1997 c 39
§ 1; 1987 c 452 § 15; 1983 c 13 § 2; 1983 c 3 § 165; 1982 1st
ex.s. c 26 § 2; 1981 c 182 § 2; 1975 1st ex.s. c 173 § 10; 1969
ex.s. c 21 § 7; 1935 c 174 § 4; 1933 ex.s. c 62 § 30; RRS §
7306-30.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1998 c 126: See note following RCW 66.20.010.
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
Effective date—2004 c 160: See note following RCW 66.04.010.
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
66.28.040
66.28.040 Giving away of liquor prohibited—Exceptions. Except as permitted by the board under RCW
66.20.010, no domestic brewery, microbrewery, distributor,
distiller, domestic winery, importer, rectifier, certificate of
approval holder, or other manufacturer of liquor shall, within
the state of Washington, give to any person any liquor; but
nothing in this section nor in RCW 66.28.010 shall prevent a
domestic brewery, microbrewery, distributor, domestic winery, distiller, certificate of approval holder, or importer from
furnishing samples of beer, wine, or spirituous liquor to
authorized licensees for the purpose of negotiating a sale, in
accordance with regulations adopted by the liquor control
board, provided that the samples are subject to taxes imposed
by RCW 66.24.290 and 66.24.210, and in the case of spirituous liquor, any product used for samples must be purchased
at retail from the board; nothing in this section shall prevent
the furnishing of samples of liquor to the board for the purpose of negotiating the sale of liquor to the state liquor control board; nothing in this section shall prevent a domestic
brewery, microbrewery, domestic winery, distillery, certificate of approval holder, or distributor from furnishing beer,
wine, or spirituous liquor for instructional purposes under
RCW 66.28.150; nothing in this section shall prevent a
domestic winery, certificate of approval holder, or distributor
from furnishing wine without charge, subject to the taxes
imposed by RCW 66.24.210, to a not-for-profit group organized and operated solely for the purpose of enology or the
[Title 66 RCW—page 52]
66.28.042
66.28.042 Providing food and beverages for business
meetings permitted. A liquor manufacturer, importer,
authorized representative holding a certificate of approval, or
distributor may provide to licensed retailers and their
employees food and beverages for consumption at a meeting
at which the primary purpose is the discussion of business,
and may provide local ground transportation to and from
such meetings. The value of the food, beverage, or transportation provided under this section shall not be considered the
advancement of moneys or moneys’ worth within the meaning of RCW 66.28.010, nor shall it be considered the giving
away of liquor within the meaning of RCW 68.28.040. The
board may adopt rules for the implementation of this section.
[2004 c 160 § 12; 1990 c 125 § 1.]
Effective date—2004 c 160: See note following RCW 66.04.010.
66.28.043
66.28.043 Providing food, beverages, transportation,
and admission to events permitted. A liquor manufacturer,
importer, authorized representative holding a certificate of
approval, or distributor may provide to licensed retailers and
their employees tickets or admission fees for athletic events
or other forms of entertainment occurring within the state of
Washington, if the manufacturer, importer, distributor,
authorized representative holding a certificate of approval, or
any of their employees accompanies the licensed retailer or
its employees to the event. A liquor manufacturer, importer,
authorized representative holding a certificate of approval, or
distributor may also provide to licensed retailers and their
employees food and beverages for consumption at such
events, and local ground transportation to and from activities
(2006 Ed.)
Miscellaneous Regulatory Provisions
allowed under this section. The value of the food, beverage,
transportation, or admission to events provided under this
section shall not be considered the advancement of moneys
or moneys’ worth within the meaning of RCW 66.28.010, nor
shall it be considered the giving away of liquor within the
meaning of RCW 68.28.040. The board may adopt rules for
the implementation of this section. [2004 c 160 § 13; 1990 c
125 § 2.]
Effective date—2004 c 160: See note following RCW 66.04.010.
66.28.045
66.28.045 Furnishing samples to board—Standards
for accountability—Regulations. The legislature finds the
furnishing of samples of liquor to the state liquor control
board is an integral and essential part of the operation of the
state liquor business. The legislature further finds that it is
necessary to establish adequate standards for the accountability of the receipt, use and disposition of liquor samples. The
board shall adopt appropriate regulations pursuant to chapter
34.05 RCW for the purpose of carrying out the provisions of
this section. [1975 1st ex.s. c 173 § 9.]
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
66.28.050
66.28.050 Solicitation of orders prohibited. No person shall canvass for, solicit, receive, or take orders for the
purchase or sale of any liquor, or act as representative for the
purchase or sale of liquor except as authorized by RCW
66.24.310 or by RCW 66.24.550. [1997 c 321 § 49; 1982 c
85 § 11; 1975-’76 2nd ex.s. c 74 § 2; 1969 ex.s. c 21 § 8; 1937
c 217 § 4; 1933 ex.s. c 62 § 42; RRS § 7306-42.]
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective date—1975-’76 2nd ex.s. c 74: See note following RCW
66.24.310.
Effective date—1969 ex.s. c 21: See note following RCW 64.04.010.
66.28.060
66.28.060 Distillers to make monthly report—No sale
except to board. Every distillery licensed under this title
shall make monthly reports to the board pursuant to the regulations. No such distillery shall make any sale of spirits
within the state of Washington except to the board. [1933
ex.s. c 62 § 26; RRS § 7306-26.]
66.28.070
66.28.070 Restrictions on purchases of beer or wine
by retail beer or wine licensees or special occasion licensees. (Expires June 30, 2008.) (1) Except as provided in subsection (2) of this section, it shall be unlawful for any retail
beer or wine licensee to purchase beer or wine, except from a
duly licensed distributor, domestic winery, domestic brewer,
certificate of approval holder with a direct shipment endorsement, or the board.
(2) A beer or wine retailer licensee may purchase beer or
wine from a government agency which has lawfully seized
beer or wine from a licensed beer or wine retailer, or from a
board-authorized retailer, or from a licensed retailer which
has discontinued business if the distributor has refused to
accept beer or wine from that retailer for return and refund.
Beer and wine purchased under this subsection shall meet the
quality standards set by its manufacturer.
(3) Special occasion licensees holding a special occasion
license may only purchase beer or wine from a beer or wine
(2006 Ed.)
66.28.090
retailer duly licensed to sell beer or wine for off-premises
consumption, the board, or from a duly licensed beer or wine
distributor. [2006 c 302 § 8. Prior: 1994 c 201 § 5; 1994 c
63 § 2; 1987 c 205 § 1; 1937 c 217 § 1(23H) (adding new section 23-H to 1933 ex.s. c 62); RRS § 7306-23H.]
Effective date—2006 c 302: See note following RCW 66.24.170.
Expiration dates—2006 c 302: See note following RCW 66.24.206.
66.28.070
66.28.070 Restrictions on purchases of beer or wine
by retail licensee, brewer, winery, wholesaler, special
occasion licensees. (Effective June 30, 2008.) (1) Except as
provided in subsection (2) of this section, it shall be unlawful
for any retail beer or wine licensee to purchase beer or wine,
except from a duly licensed wholesaler or the board, and it
shall be unlawful for any brewer, winery, or beer or wine
wholesaler to purchase beer or wine, except from a duly
licensed beer or wine wholesaler or importer.
(2) A beer or wine retailer licensee may purchase beer or
wine from a government agency which has lawfully seized
beer or wine from a licensed beer or wine retailer, or from a
board-authorized retailer, or from a licensed retailer which
has discontinued business if the wholesaler has refused to
accept beer or wine from that retailer for return and refund.
Beer and wine purchased under this subsection shall meet the
quality standards set by its manufacturer.
(3) Special occasion licensees holding either a *class G
or J license may only purchase beer or wine from a beer or
wine retailer duly licensed to sell beer or wine for off-premises consumption, the board, or from a duly licensed beer or
wine wholesaler. [1994 c 201 § 5; 1994 c 63 § 2; 1987 c 205
§ 1; 1937 c 217 § 1(23H) (adding new section 23-H to 1933
ex.s. c 62); RRS § 7306-23H.]
Reviser’s note: *(1) "Class G licenses" were redesignated as "special
occasion licenses" by 1997 c 321 § 24, effective July 1, 1998. RCW
66.24.500, governing class J licenses, was repealed by 1997 c 321 § 63,
effective July 1, 1998. "Class J licenses" were replaced by "special occasion
licenses" under RCW 66.24.380.
(2) This section was amended by 1994 c 63 § 2 and by 1994 c 201 § 5,
each without reference to the other. Both amendments are incorporated in the
publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
66.28.080
66.28.080 Permit for music and dancing upon
licensed premises. It shall be unlawful for any person, firm
or corporation holding any retailer’s license to permit or
allow upon the premises licensed any music, dancing, or
entertainment whatsoever, unless and until permission
thereto is specifically granted by appropriate license or permit of the proper authorities of the city or town in which such
licensed premises are situated, or the board of county commissioners, if the same be situated outside an incorporated
city or town: PROVIDED, That the words "music and entertainment," as herein used, shall not apply to radios or
mechanical musical devices. [1969 ex.s. c 178 § 8; 1949 c 5
§ 7; 1937 c 217 § 3 (adding new section 27-A to 1933 ex.s. c
62); Rem. Supp. 1949 § 7306-27A.]
Severability—1949 c 5: See RCW 66.98.080.
66.28.090 Licensed premises or banquet permit premises open to inspection—Failure to allow, violation. (1)
All licensed premises used in the manufacture, storage, or
sale of liquor, or any premises or parts of premises used or in
66.28.090
[Title 66 RCW—page 53]
66.28.100
Title 66 RCW: Alcoholic Beverage Control
any way connected, physically or otherwise, with the
licensed business, and/or any premises where a banquet permit has been granted, shall at all times be open to inspection
by any liquor enforcement officer, inspector or peace officer.
(2) Every person, being on any such premises and having
charge thereof, who refuses or fails to admit a liquor enforcement officer, inspector or peace officer demanding to enter
therein in pursuance of this section in the execution of his/her
duty, or who obstructs or attempts to obstruct the entry of
such liquor enforcement officer, inspector or officer of the
peace, or who refuses to allow a liquor enforcement officer,
and/or an inspector to examine the books of the licensee, or
who refuses or neglects to make any return required by this
title or the regulations, shall be guilty of a violation of this
title. [1981 1st ex.s. c 5 § 20; 1935 c 174 § 7; 1933 ex.s. c 62
§ 52; RRS § 7306-52.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.28.100
66.28.100 Spirits to be labeled—Contents. Every person manufacturing spirits as defined in this title shall put
upon all packages containing spirits so manufactured a distinctive label, showing the nature of the contents, the name of
the person by whom the spirits were manufactured, the place
where the spirits were manufactured, and showing the alcoholic content of such spirits. For the purpose of this section
the contents of packages containing spirits shall be shown by
the use of the words "whiskey", "rum", "brandy", and the
like, on the outside of such packages. [1933 ex.s. c 62 § 46;
RRS § 7306-46.]
66.28.110
66.28.110 Wine to be labeled—Contents. Every person producing, manufacturing, bottling or distributing wine
shall put upon all packages a distinctive label such as will
provide the consumer with adequate information as to the
identity and quality of the product, the alcoholic content
thereof, the net contents of the package, the name of the producer, manufacturer or bottler thereof and such other information as the board may by regulation prescribe. [1939 c 172
§ 4; 1933 ex.s. c 62 § 45; RRS § 7306-45.]
66.28.120
66.28.120 Malt liquor to be labeled—Contents.
Every person manufacturing or distributing malt liquor for
sale within the state shall put upon all packages containing
malt liquor so manufactured or distributed a distinctive label
showing the nature of the contents, the name of the person by
whom the malt liquor was manufactured, and the place where
it was manufactured. For the purpose of this section, the contents of packages containing malt liquor shall be shown by
the use of the word "beer," "ale," "malt liquor," "lager,"
"stout," or "porter," on the outside of the packages. [1997 c
100 § 1; 1982 c 39 § 2; 1961 c 36 § 1; 1933 ex.s. c 62 § 44;
RRS § 7306-44.]
Severability—1982 c 39: See note following RCW 66.04.010.
66.28.130
66.28.130 Selling or serving of liquor to or consumption by standing or walking person. It shall not be unlawful
for a retail licensee whose premises are open to the general
public to sell, supply or serve liquor to a person for consumption on the licensed retail premises if said person is standing
[Title 66 RCW—page 54]
or walking, nor shall it be unlawful for such licensee to permit any said person so standing or walking to consume liquor
on such premises: PROVIDED HOWEVER, That the retail
licensee of such a premises may at his discretion, promulgate
a house rule that no person shall be served nor allowed to
consume liquor unless said person is seated. [1969 ex.s. c
112 § 2.]
66.28.140
66.28.140 Removing family beer or wine from home
for exhibition or use at wine tastings or competitions—
Conditions. (1) An adult member of a household may
remove family beer or wine from the home for exhibition or
use at organized beer or wine tastings or competitions, subject to the following conditions:
(a) The quantity removed by a producer for these purposes is limited to a quantity not exceeding one gallon;
(b) Family beer or wine is not removed for sale or for the
use of any person other than the producer. This subparagraph
does not preclude any necessary tasting of the beer or wine
when the exhibition or beer or wine tasting includes judging
the merits of the wine by judges who have been selected by
the organization sponsoring the affair; and
(c) When the display contest or judging purpose has been
served, any remaining portion of the sample is returned to the
family premises from which removed.
(2) As used in this section, "family beer or wine" means
beer or wine manufactured in the home for consumption
therein, and not for sale. [1994 c 201 § 6; 1981 c 255 § 2.]
66.28.150
66.28.150 Breweries, microbreweries, wineries, distilleries, distributors, certificate of approval holders, and
agents authorized to conduct courses of instruction on
beer and wine. A domestic brewery, microbrewery, domestic winery, distillery, distributor, certificate of approval
holder, or its licensed agent may, without charge, instruct licensees and their employees, or conduct courses of instruction
for licensees and their employees, on the subject of beer,
wine, or spirituous liquor, including but not limited to, the
history, nature, values, and characteristics of beer, wine, or
spirituous liquor, the use of wine lists, and the methods of
presenting, serving, storing, and handling beer, wine, or spirituous liquor. The domestic brewery, microbrewery, domestic winery, distillery, distributor, certificate of approval
holder, or its licensed agent may furnish beer, wine, or spirituous liquor and such other equipment, materials, and utensils as may be required for use in connection with the instruction or courses of instruction. The instruction or courses of
instruction may be given at the premises of the domestic
brewery, microbrewery, domestic winery, distillery, or
authorized representative holding a certificate of approval, at
the premises of a retail licensee, or elsewhere within the state
of Washington. [2004 c 160 § 14; 1997 c 39 § 2; 1982 1st
ex.s. c 26 § 1.]
Effective date—2004 c 160: See note following RCW 66.04.010.
66.28.155
66.28.155 Breweries, microbreweries, wineries, distilleries, distributors, certificate of approval holders, and
agents authorized to conduct educational activities on
licensed premises of retailer. A domestic brewery, microbrewery, domestic winery, distillery, distributor, certificate
(2006 Ed.)
Miscellaneous Regulatory Provisions
of approval holder, or its licensed agent may conduct educational activities or provide product information to the consumer on the licensed premises of a retailer. Information on
the subject of wine, beer, or spirituous liquor, including but
not limited to, the history, nature, quality, and characteristics
of a wine, beer, or spirituous liquor, methods of harvest, production, storage, handling, and distribution of a wine, beer, or
spirituous liquor, and the general development of the wine,
beer, and spirituous liquor industry may be provided by a
domestic brewery, microbrewery, domestic winery, distillery, distributor, certificate of approval holder, or its licensed
agent to the public on the licensed premises of a retailer. The
retailer requesting such activity shall attempt to schedule a
series of brewery, winery, authorized representative, or distillery and distributor appearances in an effort to equitably
represent the industries. Nothing in this section permits a
domestic brewery, microbrewery, domestic winery, distillery, distributor, certificate of approval holder, or its licensed
agent to receive compensation or financial benefit from the
educational activities or product information presented on the
licensed premises of a retailer. The promotional value of
such educational activities or product information shall not
be considered advancement of moneys or of moneys’ worth
within the meaning of RCW 66.28.010. [2004 c 160 § 15;
1997 c 39 § 3; 1984 c 196 § 1.]
Effective date—2004 c 160: See note following RCW 66.04.010.
66.28.160
66.28.160 Promotion of liquor at colleges and universities. No liquor manufacturer, importer, distributor, retailer,
authorized representative holding a certificate of approval,
agent thereof, or campus representative of any of the foregoing, may conduct promotional activities for any liquor product on the campus of any college or university nor may any
such entities engage in activities that facilitate or promote the
consumption of alcoholic beverages by the students of the
college or university at which the activity takes place. This
section does not prohibit the following:
(1) The sale of alcoholic beverages, by retail licensees on
their licensed premises, to persons of legal age and condition
to consume alcoholic beverages;
(2) Sponsorship of broadcasting services for events on a
college or university campus;
(3) Liquor advertising in campus publications; or
(4) Financial assistance to an activity and acknowledgment of the source of the assistance, if the assistance, activity,
and acknowledgment are each approved by the college or
university administration. [2004 c 160 § 16; 1985 c 352 §
20.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Severability—1985 c 352: See note following RCW 10.05.010.
66.28.170
66.28.170 Wine or malt beverage manufacturers—
Discrimination in price to purchaser for resale prohibited. It is unlawful for a manufacturer of wine or malt beverages holding a certificate of approval issued under RCW
66.24.270 or 66.24.206 or the manufacturer’s authorized representative, a brewery, or a domestic winery to discriminate
in price in selling to any purchaser for resale in the state of
Washington. [2004 c 160 § 17; 1997 c 321 § 50; 1985 c 226
§ 3.]
(2006 Ed.)
66.28.180
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.28.180 Price modification by certain persons,
firms, or corporations—Boa rd notification and
approval—Intent—Price posting—Price filing, contracts,
memoranda. (Expires June 30, 2008.) It is unlawful for a
person, firm, or corporation holding a certificate of approval
issued under RCW 66.24.270 or 66.24.206, a beer distributor’s license, a domestic brewery license, a microbrewery
license, a beer importer’s license, a beer distributor’s license,
a domestic winery license, a wine importer’s license, or a
wine distributor’s license within the state of Washington to
modify any prices without prior notification to and approval
of the board.
(1) Intent. This section is enacted, pursuant to the
authority of this state under the twenty-first amendment to
the United States Constitution, to promote the public’s interest in fostering the orderly and responsible distribution of
malt beverages and wine towards effective control of consumption; to promote the fair and efficient three-tier system
of distribution of such beverages; and to confirm existing
board rules as the clear expression of state policy to regulate
the manner of selling and pricing of wine and malt beverages
by licensed suppliers and distributors.
(2) Beer and wine distributor price posting.
(a) Every beer or wine distributor shall file with the
board at its office in Olympia a price posting showing the
wholesale prices at which any and all brands of beer and wine
sold by such beer and/or wine distributor shall be sold to
retailers within the state.
(b) Each price posting shall be made on a form prepared
and furnished by the board, or a reasonable facsimile thereof,
and shall set forth:
(i) All brands, types, packages, and containers of beer
offered for sale by such beer and/or wine distributor;
(ii) The wholesale prices thereof to retail licensees,
including allowances, if any, for returned empty containers.
(c) No beer and/or wine distributor may sell or offer to
sell any package or container of beer or wine to any retail licensee at a price differing from the price for such package or
container as shown in the price posting filed by the beer
and/or wine distributor and then in effect, according to rules
adopted by the board.
(d) Quantity discounts are prohibited. No price may be
posted that is below acquisition cost plus ten percent of
acquisition cost. However, the board is empowered to review
periodically, as it may deem appropriate, the amount of the
percentage of acquisition cost as a minimum mark-up over
cost and to modify such percentage by rule of the board,
except such percentage shall be not less than ten percent.
(e) Distributor prices on a "close-out" item shall be
accepted by the board if the item to be discontinued has been
listed on the state market for a period of at least six months,
and upon the further condition that the distributor who posts
such a close-out price shall not restock the item for a period
of one year following the first effective date of such close-out
price.
(f) The board may reject any price posting that it deems
to be in violation of this section or any rule, or portion
thereof, or that would tend to disrupt the orderly sale and dis66.28.180
[Title 66 RCW—page 55]
66.28.180
Title 66 RCW: Alcoholic Beverage Control
tribution of beer and wine. Whenever the board rejects any
posting, the licensee submitting the posting may be heard by
the board and shall have the burden of showing that the posting is not in violation of this section or a rule or does not tend
to disrupt the orderly sale and distribution of beer and wine.
If the posting is accepted, it shall become effective at the time
fixed by the board. If the posting is rejected, the last effective
posting shall remain in effect until such time as an amended
posting is filed and approved, in accordance with the provisions of this section.
(g) Prior to the effective date of the posted prices, all
price postings filed as required by this section constitute
investigative information and shall not be subject to disclosure, pursuant to RCW 42.56.240(1).
(h) Any beer and/or wine distributor or employee authorized by the distributor-employer may sell beer and/or wine
at the distributor’s posted prices to any annual or special
occasion retail licensee upon presentation to the distributor or
employee at the time of purchase of a special permit issued
by the board to such licensee.
(i) Every annual or special occasion retail licensee, upon
purchasing any beer and/or wine from a distributor, shall
immediately cause such beer or wine to be delivered to the
licensed premises, and the licensee shall not thereafter permit
such beer to be disposed of in any manner except as authorized by the license.
(ii) Beer and wine sold as provided in this section shall
be delivered by the distributor or an authorized employee
either to the retailer’s licensed premises or directly to the
retailer at the distributor’s licensed premises. When a domestic winery, brewery, microbrewery, or certificate of approval
holder with a direct shipping endorsement is acting as a distributor of its own production, a licensed retailer may contract with a common carrier to obtain the product directly
from the domestic winery, brewery, microbrewery, or certificate of approval holder with a direct shipping endorsement.
A distributor’s prices to retail licensees shall be the same at
both such places of delivery.
(3) Beer and wine suppliers’ price filings, contracts, and
memoranda.
(a) Every domestic brewery, microbrewery, and domestic winery offering beer and/or wine for sale within the state
shall file with the board at its office in Olympia a copy of
every written contract and a memorandum of every oral
agreement which such brewery or winery may have with any
beer or wine distributor, which contracts or memoranda shall
contain a schedule of prices charged to distributors for all
items and all terms of sale, including all regular and special
discounts; all advertising, sales and trade allowances, and
incentive programs; and all commissions, bonuses or gifts,
and any and all other discounts or allowances. Whenever
changed or modified, such revised contracts or memoranda
shall forthwith be filed with the board as provided for by rule.
The provisions of this section also apply to certificate of
approval holders, beer and/or wine importers, and beer and/or
wine distributors who sell to other beer and/or wine distributors.
Each price schedule shall be made on a form prepared
and furnished by the board, or a reasonable facsimile thereof,
and shall set forth all brands, types, packages, and containers
of beer or wine offered for sale by such licensed brewery or
[Title 66 RCW—page 56]
winery; all additional information required may be filed as a
supplement to the price schedule forms.
(b) Prices filed by a domestic brewery, microbrewery,
domestic winery, or certificate of approval holder shall be
uniform prices to all distributors or retailers on a statewide
basis less bona fide allowances for freight differentials.
Quantity discounts are prohibited. No price shall be filed that
is below acquisition/production cost plus ten percent of that
cost, except that acquisition cost plus ten percent of acquisition cost does not apply to sales of beer or wine between a
beer or wine importer who sells beer or wine to another beer
or wine importer or to a beer or wine distributor, or to a beer
or wine distributor who sells beer or wine to another beer or
wine distributor. However, the board is empowered to
review periodically, as it may deem appropriate, the amount
of the percentage of acquisition/production cost as a minimum mark-up over cost and to modify such percentage by
rule of the board, except such percentage shall be not less
than ten percent.
(c) No domestic brewery, microbrewery, domestic winery, certificate of approval holder, beer or wine importer, or
beer or wine distributor may sell or offer to sell any beer or
wine to any persons whatsoever in this state until copies of
such written contracts or memoranda of such oral agreements
are on file with the board.
(d) No domestic brewery, microbrewery, domestic winery, or certificate of approval holder may sell or offer to sell
any package or container of beer or wine to any distributor at
a price differing from the price for such package or container
as shown in the schedule of prices filed by the domestic
brewery, microbrewery, domestic winery, or certificate of
approval holder and then in effect, according to rules adopted
by the board.
(e) The board may reject any supplier’s price filing, contract, or memorandum of oral agreement, or portion thereof
that it deems to be in violation of this section or any rule or
that would tend to disrupt the orderly sale and distribution of
beer or wine. Whenever the board rejects any such price filing, contract, or memorandum, the licensee submitting the
price filing, contract, or memorandum may be heard by the
board and shall have the burden of showing that the price filing, contract, or memorandum is not in violation of this section or a rule or does not tend to disrupt the orderly sale and
distribution of beer or wine. If the price filing, contract, or
memorandum is accepted, it shall become effective at a time
fixed by the board. If the price filing, contract, or memorandum, or portion thereof, is rejected, the last effective price filing, contract, or memorandum shall remain in effect until
such time as an amended price filing, contract, or memorandum is filed and approved, in accordance with the provisions
of this section.
(f) Prior to the effective date of the posted prices, all
prices, contracts, and memoranda filed as required by this
section constitute investigative information and shall not be
subject to disclosure, pursuant to RCW 42.56.240(1). [2006
c 302 § 10; (2006 c 302 § 9 expired July 1, 2006); 2005 c 274
§ 327. Prior: 2004 c 269 § 1; 2004 c 160 § 18; 1997 c 321 §
51; 1995 c 232 § 10; 1985 c 226 § 4.]
Effective date—2006 c 302 §§ 10 and 12: "Sections 10 and 12 of this
act take effect July 1, 2006." [2006 c 302 § 15.]
Expiration dates—2006 c 302: See note following RCW 66.24.206.
(2006 Ed.)
Miscellaneous Regulatory Provisions
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—2004 c 269: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 31, 2004]." [2004 c 269 § 2.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.28.180
66.28.180 Price modification by certain persons,
firms, or co rporatio ns—Boa rd not ification a nd
approval—Intent—Price posting—Price filing, contracts,
memoranda. (Effective June 30, 2008.) It is unlawful for a
person, firm, or corporation holding a certificate of approval
issued under RCW 66.24.270 or 66.24.206, a beer distributor’s license, a domestic brewery license, a microbrewery
license, a beer importer’s license, a beer distributor’s license,
a domestic winery license, a wine importer’s license, or a
wine distributor’s license within the state of Washington to
modify any prices without prior notification to and approval
of the board.
(1) Intent. This section is enacted, pursuant to the
authority of this state under the twenty-first amendment to
the United States Constitution, to promote the public’s interest in fostering the orderly and responsible distribution of
malt beverages and wine towards effective control of consumption; to promote the fair and efficient three-tier system
of distribution of such beverages; and to confirm existing
board rules as the clear expression of state policy to regulate
the manner of selling and pricing of wine and malt beverages
by licensed suppliers and distributors.
(2) Beer and wine distributor price posting.
(a) Every beer or wine distributor shall file with the
board at its office in Olympia a price posting showing the
wholesale prices at which any and all brands of beer and wine
sold by such beer and/or wine distributor shall be sold to
retailers within the state.
(b) Each price posting shall be made on a form prepared
and furnished by the board, or a reasonable facsimile thereof,
and shall set forth:
(i) All brands, types, packages, and containers of beer
offered for sale by such beer and/or wine distributor;
(ii) The wholesale prices thereof to retail licensees,
including allowances, if any, for returned empty containers.
(c) No beer and/or wine distributor may sell or offer to
sell any package or container of beer or wine to any retail licensee at a price differing from the price for such package or
container as shown in the price posting filed by the beer
and/or wine distributor and then in effect, according to rules
adopted by the board.
(d) Quantity discounts are prohibited. No price may be
posted that is below acquisition cost plus ten percent of
acquisition cost. However, the board is empowered to review
periodically, as it may deem appropriate, the amount of the
percentage of acquisition cost as a minimum mark-up over
cost and to modify such percentage by rule of the board,
except such percentage shall be not less than ten percent.
(e) Distributor prices on a "close-out" item shall be
accepted by the board if the item to be discontinued has been
listed on the state market for a period of at least six months,
and upon the further condition that the distributor who posts
(2006 Ed.)
66.28.180
such a close-out price shall not restock the item for a period
of one year following the first effective date of such close-out
price.
(f) The board may reject any price posting that it deems
to be in violation of this section or any rule, or portion
thereof, or that would tend to disrupt the orderly sale and distribution of beer and wine. Whenever the board rejects any
posting, the licensee submitting the posting may be heard by
the board and shall have the burden of showing that the posting is not in violation of this section or a rule or does not tend
to disrupt the orderly sale and distribution of beer and wine.
If the posting is accepted, it shall become effective at the time
fixed by the board. If the posting is rejected, the last effective
posting shall remain in effect until such time as an amended
posting is filed and approved, in accordance with the provisions of this section.
(g) Prior to the effective date of the posted prices, all
price postings filed as required by this section constitute
investigative information and shall not be subject to disclosure, pursuant to RCW 42.56.240(1).
(h) Any beer and/or wine distributor or employee authorized by the distributor-employer may sell beer and/or wine
at the distributor’s posted prices to any annual or special
occasion retail licensee upon presentation to the distributor or
employee at the time of purchase of a special permit issued
by the board to such licensee.
(i) Every annual or special occasion retail licensee, upon
purchasing any beer and/or wine from a distributor, shall
immediately cause such beer or wine to be delivered to the
licensed premises, and the licensee shall not thereafter permit
such beer to be disposed of in any manner except as authorized by the license.
(ii) Beer and wine sold as provided in this section shall
be delivered by the distributor or an authorized employee
either to the retailer’s licensed premises or directly to the
retailer at the distributor’s licensed premises. A distributor’s
prices to retail licensees shall be the same at both such places
of delivery.
(3) Beer and wine suppliers’ price filings, contracts, and
memoranda.
(a) Every domestic brewery, microbrewery, and domestic winery offering beer and/or wine for sale within the state
shall file with the board at its office in Olympia a copy of
every written contract and a memorandum of every oral
agreement which such brewery or winery may have with any
beer or wine distributor, which contracts or memoranda shall
contain a schedule of prices charged to distributors for all
items and all terms of sale, including all regular and special
discounts; all advertising, sales and trade allowances, and
incentive programs; and all commissions, bonuses or gifts,
and any and all other discounts or allowances. Whenever
changed or modified, such revised contracts or memoranda
shall forthwith be filed with the board as provided for by rule.
The provisions of this section also apply to certificate of
approval holders, beer and/or wine importers, and beer and/or
wine distributors who sell to other beer and/or wine distributors.
Each price schedule shall be made on a form prepared
and furnished by the board, or a reasonable facsimile thereof,
and shall set forth all brands, types, packages, and containers
of beer or wine offered for sale by such licensed brewery or
[Title 66 RCW—page 57]
66.28.190
Title 66 RCW: Alcoholic Beverage Control
winery; all additional information required may be filed as a
supplement to the price schedule forms.
(b) Prices filed by a domestic brewery, microbrewery,
domestic winery, or certificate of approval holder shall be
uniform prices to all distributors on a statewide basis less
bona fide allowances for freight differentials. Quantity discounts are prohibited. No price shall be filed that is below
acquisition/production cost plus ten percent of that cost,
except that acquisition cost plus ten percent of acquisition
cost does not apply to sales of beer or wine between a beer or
wine importer who sells beer or wine to another beer or wine
importer or to a beer or wine distributor, or to a beer or wine
distributor who sells beer or wine to another beer or wine distributor. However, the board is empowered to review periodically, as it may deem appropriate, the amount of the percentage of acquisition/production cost as a minimum mark-up
over cost and to modify such percentage by rule of the board,
except such percentage shall be not less than ten percent.
(c) No domestic brewery, microbrewery, domestic winery, certificate of approval holder, beer or wine importer, or
beer or wine distributor may sell or offer to sell any beer or
wine to any persons whatsoever in this state until copies of
such written contracts or memoranda of such oral agreements
are on file with the board.
(d) No domestic brewery, microbrewery, domestic winery, or certificate of approval holder may sell or offer to sell
any package or container of beer or wine to any distributor at
a price differing from the price for such package or container
as shown in the schedule of prices filed by the domestic
brewery, microbrewery, domestic winery, or certificate of
approval holder and then in effect, according to rules adopted
by the board.
(e) The board may reject any supplier’s price filing, contract, or memorandum of oral agreement, or portion thereof
that it deems to be in violation of this section or any rule or
that would tend to disrupt the orderly sale and distribution of
beer or wine. Whenever the board rejects any such price filing, contract, or memorandum, the licensee submitting the
price filing, contract, or memorandum may be heard by the
board and shall have the burden of showing that the price filing, contract, or memorandum is not in violation of this section or a rule or does not tend to disrupt the orderly sale and
distribution of beer or wine. If the price filing, contract, or
memorandum is accepted, it shall become effective at a time
fixed by the board. If the price filing, contract, or memorandum, or portion thereof, is rejected, the last effective price filing, contract, or memorandum shall remain in effect until
such time as an amended price filing, contract, or memorandum is filed and approved, in accordance with the provisions
of this section.
(f) Prior to the effective date of the posted prices, all
prices, contracts, and memoranda filed as required by this
section constitute investigative information and shall not be
subject to disclosure, pursuant to RCW 42.56.240(1). [2005
c 274 § 327. Prior: 2004 c 269 § 1; 2004 c 160 § 18; 1997 c
321 § 51; 1995 c 232 § 10; 1985 c 226 § 4.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—2004 c 269: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[Title 66 RCW—page 58]
ernment and its existing public institutions, and takes effect immediately
[March 31, 2004]." [2004 c 269 § 2.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.28.190
66.28.190 Sales of nonliquor food and food ingredients. RCW 66.28.010 notwithstanding, persons licensed
under RCW 66.24.200 as wine distributors and persons
licensed under RCW 66.24.250 as beer distributors may sell
at wholesale nonliquor food and food ingredients on thirtyday credit terms to persons licensed as retailers under this
title, but complete and separate accounting records shall be
maintained on all sales of nonliquor food and food ingredients to ensure that such persons are in compliance with RCW
66.28.010.
For the purpose of this section, "nonliquor food and food
ingredients" includes all food and food ingredients for human
consumption as defined in RCW 82.08.0293 as it exists on
July 1, 2004. [2003 c 168 § 305; 1997 c 321 § 52; 1988 c 50
§ 1.]
Effective dates—Part headings not law—2003 c 168: See notes following RCW 82.08.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
66.28.200
66.28.200 Keg registration—Special endorsement
for grocery store licensee—Requirements of seller. (1)
Licensees holding a beer and/or wine restaurant or a tavern
license in combination with an off-premises beer and wine
retailer’s license may sell malt liquor in kegs or other containers capable of holding four gallons or more of liquid.
Under a special endorsement from the board, a grocery store
licensee may sell malt liquor in containers no larger than five
and one-half gallons. The sale of any container holding four
gallons or more must comply with the provisions of this section and RCW 66.28.210 through 66.28.240.
(2) Any person who sells or offers for sale the contents of
kegs or other containers containing four gallons or more of
malt liquor, or leases kegs or other containers that will hold
four gallons of malt liquor, to consumers who are not
licensed under chapter 66.24 RCW shall do the following for
any transaction involving the container:
(a) Require the purchaser of the malt liquor to sign a declaration and receipt for the keg or other container or beverage
in substantially the form provided in RCW 66.28.220;
(b) Require the purchaser to provide one piece of identification pursuant to RCW 66.16.040;
(c) Require the purchaser to sign a sworn statement,
under penalty of perjury, that:
(i) The purchaser is of legal age to purchase, possess, or
use malt liquor;
(ii) The purchaser will not allow any person under the
age of twenty-one years to consume the beverage except as
provided by RCW 66.44.270;
(iii) The purchaser will not remove, obliterate, or allow
to be removed or obliterated, the identification required under
RCW 66.28.220 to be affixed to the container;
(d) Require the purchaser to state the particular address
where the malt liquor will be consumed, or the particular
address where the keg or other container will be physically
located; and
(2006 Ed.)
Search and Seizure
(e) Require the purchaser to maintain a copy of the declaration and receipt next to or adjacent to the keg or other
container, in no event a distance greater than five feet, and
visible without a physical barrier from the keg, during the
time that the keg or other container is in the purchaser’s possession or control.
(3) A violation of this section is a gross misdemeanor.
[2003 c 53 § 296; 1998 c 126 § 13; 1997 c 321 § 38; 1993 c
21 § 2; 1989 c 271 § 229.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Effective dates—1989 c 271: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately, except:
(1) Sections 502 and 504 of this act shall take effect June 1, 1989; and
(2) Sections 229 through 233, 501, 503, and 505 through 509 of this act
shall take effect July 1, 1989." [1989 c 271 § 607.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Chapter 66.32
identification to be done on a statewide basis or on the basis
of smaller geographical areas.
(2) The board shall develop and make available forms
for the declaration and receipt required by RCW 66.28.200.
The board may charge grocery store licensees for the costs of
providing the forms and that money collected for the forms
shall be deposited into the liquor revolving fund for use by
the board, without further appropriation, to continue to
administer the cost of the keg registration program.
(3) It is unlawful for any person to sell or offer for sale
kegs or other containers containing four gallons or more of
malt liquor to consumers who are not licensed under chapter
66.24 RCW if the kegs or containers are not identified in
compliance with rules adopted by the board.
(4) A violation of this section is a gross misdemeanor.
[2003 c 53 § 298; 1999 c 281 § 7; 1993 c 21 § 3; 1989 c 271
§ 231.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
66.28.210
66.28.210 Keg registration—Requirements of purchaser. (1) Any person who purchases the contents of kegs
or other containers containing four gallons or more of malt
liquor, or purchases or leases the container shall:
(a) Sign a declaration and receipt for the keg or other
container or beverage in substantially the form provided in
RCW 66.28.220;
(b) Provide one piece of identification pursuant to RCW
66.16.040;
(c) Be of legal age to purchase, possess, or use malt
liquor;
(d) Not allow any person under the age of twenty-one to
consume the beverage except as provided by RCW
66.44.270;
(e) Not remove, obliterate, or allow to be removed or
obliterated, the identification required under rules adopted by
the board;
(f) Not move, keep, or store the keg or its contents,
except for transporting to and from the distributor, at any
place other than that particular address declared on the receipt
and declaration; and
(g) Maintain a copy of the declaration and receipt next to
or adjacent to the keg or other container, in no event a distance greater than five feet, and visible without a physical
barrier from the keg, during the time that the keg or other
container is in the purchaser’s possession or control.
(2) A violation of this section is a gross misdemeanor.
[2003 c 53 § 297; 1989 c 271 § 230.]
66.28.230
66.28.230 Keg registration—Furnishing to minors—
Penalties. Except as provided in RCW 66.44.270, a person
who intentionally furnishes a keg or other container containing four or more gallons of malt liquor to a person under the
age of twenty-one years is guilty of a gross misdemeanor
punishable under RCW 9.92.020. [1999 c 189 § 1; 1989 c
271 § 232.]
Application—1999 c 189: "This act applies to crimes committed on or
after July 25, 1999." [1999 c 189 § 5.]
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
66.28.240
66.28.240 Keg registration—State preemption. The
state of Washington fully occupies and preempts the entire
field of keg registration. Cities, towns, and counties or other
municipalities may enact only those laws and ordinances
relating to keg registration that are consistent with this chapter. Such local ordinances shall have the same or lesser penalties as provided for by state law. Local laws and ordinances
that are inconsistent with, more restrictive than, or exceed the
requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code,
charter, or home rule status of the city, town, county, or
municipality. [1989 c 271 § 233.]
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
66.28.260
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
66.28.260 Beer distributors—Restricted transactions. Licensed beer distributors may not buy or sell beer, for
purposes of distribution, at farmers market locations authorized by the board pursuant to chapter 154, Laws of 2003.
[2003 c 154 § 3.]
66.28.220
66.28.220 Keg registration—Identification of containers—Rules—Fees—Sale in violation of rules unlawful. (1) The board shall adopt rules requiring retail licensees
to affix appropriate identification on all containers of four
gallons or more of malt liquor for the purpose of tracing the
purchasers of such containers. The rules may provide for
(2006 Ed.)
Chapter 66.32
Chapter 66.32 RCW
SEARCH AND SEIZURE
Sections
66.32.010
Possession of contraband liquor.
[Title 66 RCW—page 59]
66.32.010
66.32.020
66.32.030
66.32.040
66.32.050
66.32.060
66.32.070
66.32.080
66.32.090
Title 66 RCW: Alcoholic Beverage Control
Search warrant—Search and seizure.
Service of warrant—Receipt for seized property.
Forfeiture of liquor directed if kept unlawfully.
Hearing.
Claimants may appear.
Judgment of forfeiture—Disposition of proceeds of property
sold.
Forfeiture action no bar to criminal prosecution.
Seized liquor to be reported to board.
66.32.010
66.32.010 Possession of contraband liquor. Except as
permitted by the board, no liquor shall be kept or had by any
person within this state unless the package in which the liquor
was contained had, while containing that liquor, been sealed
with the official seal adopted by the board, except in the case
of:
(1) Liquor imported by the board; or
(2) Liquor manufactured in the state for sale to the board
or for export; or
(3) Beer, purchased in accordance with the provisions of
law; or
(4) Wine or beer exempted in RCW 66.12.010. [1955 c
39 § 3. Prior: 1943 c 216 § 3(1); 1933 ex.s. c 62 § 33(1);
Rem. Supp. 1943 § 7306-33(1).]
66.32.020
66.32.020 Search warrant—Search and seizure. If,
upon the sworn complaint of any person, it is made to appear
to any judge of the superior court or district court, that there
is probable cause to believe that intoxicating liquor is being
manufactured, sold, bartered, exchanged, given away, furnished, or otherwise disposed of or kept in violation of the
provisions of this title, such judge shall, with or without the
approval of the prosecuting attorney, issue a warrant directed
to a civil officer of the state duly authorized to enforce or
assist in enforcing any law thereof, or to an inspector of the
board, commanding the civil officer or inspector to search the
premises, room, house, building, boat, vehicle, structure or
place designated and described in the complaint and warrant,
and to seize all intoxicating liquor there found, together with
the vessels in which it is contained, and all implements, furniture, and fixtures used or kept for the illegal manufacture,
sale, barter, exchange, giving away, furnishing, or otherwise
disposing of the liquor, and to safely keep the same, and to
make a return of the warrant within ten days, showing all acts
and things done thereunder, with a particular statement of all
articles seized and the name of the person or persons in
whose possession they were found, if any, and if no person is
found in the possession of the articles, the return shall so
state. [1987 c 202 § 220; 1955 c 288 § 1; 1955 c 39 § 4. Prior:
1943 c 216 § 3(2), part; 1933 ex.s. c 62 § 33(2), part; Rem.
Supp. 1943 § 7306-33(2), part.]
Intent—1987 c 202: See note following RCW 2.04.190.
66.32.030
66.32.030 Service of warrant—Receipt for seized
property. A copy of the warrant, together with a detailed
receipt for the property taken shall be served upon the person
found in possession of any intoxicating liquor, furniture, or
fixtures so seized, and if no person is found in possession
thereof, a copy of the warrant and receipt shall be left in a
conspicuous place upon the premises wherein they are found.
[1955 c 39 § 5. Prior: 1943 c 216 § 3(2), part; 1933 ex.s. c 62
§ 33(2), part; Rem. Supp. 1943 § 7306-33(2), part.]
[Title 66 RCW—page 60]
66.32.040
66.32.040 Forfeiture of liquor directed if kept unlawfully. All liquor seized pursuant to the authority of a search
warrant or an arrest shall, upon adjudication that it was kept
in violation of this title, be forfeited and upon forfeiture be
disposed of by the agency seizing the liquor. [1993 c 26 § 1;
1955 c 39 § 6. Prior: 1943 c 216 § 3(2), part; 1933 ex.s. c 62
§ 23(2), part; Rem. Supp. 1943 § 7306-33(2), part.]
66.32.050
66.32.050 Hearing. Upon the return of the warrant as
provided herein, the judge shall fix a time, not less than ten
days, and not more than thirty days thereafter, for the hearing
of the return, when he or she shall proceed to hear and determine whether or not the articles seized, or any part thereof,
were used or in any manner kept or possessed by any person
with the intention of violating any of the provisions of this
title. [1987 c 202 § 221; 1955 c 39 § 7. Prior: 1943 c 216 §
3(3), part; 1933 ex.s. c 62 § 33(2), part; Rem. Supp. 1943 §
7306-33(3), part.]
Intent—1987 c 202: See note following RCW 2.04.190.
66.32.060
66.32.060 Claimants may appear. At the hearing, any
person claiming any interest in any of the articles seized may
appear and be heard upon filing a written claim setting forth
particularly the character and extent of his interest, and the
burden shall rest upon the claimant to show, by competent
evidence, his property right or interest in the articles claimed,
and that they were not used in violation of any of the provisions of this title, and were not in any manner kept or possessed with the intention of violating any of its provisions.
[1955 c 39 § 8. Prior: 1943 c 216 § 3(3), part; 1933 ex.s. c 62
§ 33(2), part; Rem. Supp. 1943 § 7306-33(3), part.]
66.32.070
66.32.070 Judgment of forfeiture—Disposition of
proceeds of property sold. If, upon the hearing, the evidence warrants, or, if no person appears as claimant, the
judge shall thereupon enter a judgment of forfeiture, and
order such articles destroyed forthwith: PROVIDED, That if,
in the opinion of the judge, any of the forfeited articles other
than intoxicating liquors are of value and adapted to any lawful use, the judge shall, as a part of the order and judgment,
direct that the articles other than intoxicating liquor be sold as
upon execution by the officer having them in custody, and the
proceeds of the sale after payment of all costs of the proceedings shall be paid into the liquor revolving fund. [1987 c 202
§ 222; 1955 c 39 § 9. Prior: 1943 c 216 § 3(3), part; 1933
ex.s. c 62 § 33(2), part; Rem. Supp. 1943 § 7306-33(3), part.]
Intent—1987 c 202: See note following RCW 2.04.190.
66.32.080
66.32.080 Forfeiture action no bar to criminal prosecution. Action under RCW 66.32.010 through 66.32.080 and
the forfeiture, destruction, or sale of any articles thereunder
shall not bar prosecution under any other provision. [1955 c
39 § 10. Prior: 1943 c 216 § 3(3), part; 1933 ex.s. c 62 §
33(2), part; Rem. Supp. 1943 § 7306-33(3), part.]
66.32.090
66.32.090 Seized liquor to be reported to board. In
every case in which liquor is seized by a sheriff or deputy of
any county or by a police officer of any municipality or by a
member of the Washington state patrol, or any other authorized peace officer or inspector, it shall be the duty of the
(2006 Ed.)
Abatement Proceedings
sheriff or deputy of any county, or chief of police of the
municipality, or the chief of the Washington state patrol, as
the case may be, to forthwith report in writing to the board of
particulars of such seizure. [1993 c 26 § 2; 1987 c 202 § 223;
1935 c 174 § 8; 1933 ex.s. c 62 § 55; RRS § 7306-55.]
66.40.030
room, house, building, boat, vehicle, structure or place
against which such action is brought is a public nuisance.
[1939 c 172 § 9 (adding new section 33-A to 1933 ex.s. c 62);
RRS § 7306-33A. Formerly RCW 66.36.010 through
66.36.040.]
Intent—1987 c 202: See note following RCW 2.04.190.
Chapter 66.40
Chapter 66.36
Chapter 66.36 RCW
ABATEMENT PROCEEDINGS
Sections
66.36.010
66.36.010
Places where liquor unlawfully kept declared a nuisance—
Abatement of activity and realty—Judgment—Bond to
reopen.
66.36.010 Places where liquor unlawfully kept
declared a nuisance—Abatement of activity and realty—
Judgment—Bond to reopen. Any room, house, building,
boat, vehicle, structure or place, except premises licensed
under this title, where liquor, as defined in this title, is manufactured, kept, sold, bartered, exchanged, given away, furnished or otherwise disposed of in violation of the provisions
of this title or of the laws of this state relating to the manufacture, importation, transportation, possession, distribution and
sale of liquor, and all property kept in and used in maintaining such a place, are hereby declared to be a common nuisance. The prosecuting attorney of the county in which such
nuisance is situated shall institute and maintain an action in
the superior court of such county in the name of the state of
Washington to abate and perpetually enjoin such nuisance.
The plaintiff shall not be required to give bond in such action,
and restraining orders, temporary injunctions and permanent
injunctions may be granted in said cause as in other injunction proceedings, and upon final judgment against the defendant, such court may also order that said room, house, building, boat, vehicle, structure or place, shall be closed for a
period of one year; or until the owner, lessee, tenant or occupant thereof shall give bond with sufficient surety, to be
approved by the court making the order, in the penal sum of
not less than one thousand dollars payable to the state of
Washington, and conditioned that liquor will not thereafter be
manufactured, kept, sold, bartered, exchanged, given away,
furnished or otherwise disposed of thereon or therein in violation of the provisions of this title or of the laws of this state
relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and that he will pay all
fines, costs and damages assessed against him for any violation of this title or of the laws of this state relating to the manufacture, importation, transportation, possession, distribution
and sale of liquor. If any condition of such bond be violated,
the whole amount may be recovered as a penalty for the use
of the county wherein the premises are situated.
In all cases where any person has been convicted of a
violation of this title or the laws of this state relating to the
manufacture, importation, transportation, possession, distribution and sale of liquor an action may be brought in the
superior court of the county in which the premises are situated, to abate as a nuisance any real estate or other property
involved in the commission of said offense, and in any such
action a certified copy of the record of such conviction shall
be admissible in evidence and prima facie evidence that the
(2006 Ed.)
Chapter 66.40 RCW
LOCAL OPTION
Sections
66.40.010
66.40.020
66.40.030
66.40.040
66.40.100
66.40.110
66.40.120
66.40.130
66.40.140
66.40.150
Local option units.
Election may be held.
License elections.
Petition for election—Contents—Procedure—Signatures, filing, form, copies, fees, etc.—Public inspection.
Check of petitions.
Form of ballot.
Canvass of votes—Effect.
Effect of election as to licenses.
Certificate of result to board—Grace period—Permitted activities.
Concurrent liquor elections in same election unit prohibited.
66.40.010
66.40.010 Local option units. For the purpose of an
election upon the question of whether the sale of liquors shall
be permitted, the election unit shall be any incorporated city
or town, or all that portion of any county not included within
the limits of incorporated cities and towns. [1957 c 263 § 3.
Prior: (i) 1933 ex.s. c 62 § 82; RRS § 7306-82. (ii) 1949 c 5
§ 2, part (adding new section 23-S-2 to 1933 ex.s. c 62); Rem.
Supp. 1949 § 7306-23S-2, part.]
Severability—1949 c 5: See RCW 66.98.080.
66.40.020
66.40.020 Election may be held. Within any unit
referred to in RCW 66.40.010, upon compliance with the
conditions hereinafter prescribed, there may be held, at the
time and as a part of any general election, an election upon
the question of whether the sale of liquor shall be permitted
within such unit; and in the event that any such election is
held in any such unit, no other election under this section
shall be held prior to the next succeeding general election.
[1933 ex.s. c 62 § 83; RRS § 7306-83.]
66.40.030
66.40.030 License elections. Within any unit referred
to in RCW 66.40.010, there may be held a separate election
upon the question of whether the sale of liquor under spirits,
beer, and wine restaurant; spirits, beer, and wine private club;
and sports entertainment facility licenses, shall be permitted
within such unit. The conditions and procedure for holding
such election shall be those prescribed by RCW 66.40.020,
66.40.040, 66.40.100, 66.40.110 and 66.40.120. Whenever a
majority of qualified voters voting upon said question in any
such unit shall have voted "against the sale of liquor under
spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licenses", the
county auditor shall file with the liquor control board a certificate showing the result of the canvass at such election; and
after ninety days from and after the date of the canvass, it
shall not be lawful for licensees to maintain and operate premises within the election unit licensed under spirits, beer, and
wine restaurant; spirits, beer, and wine private club; and
sports entertainment facility licenses. The addition after an
election under this section of new territory to a city, town, or
[Title 66 RCW—page 61]
66.40.040
Title 66 RCW: Alcoholic Beverage Control
county, by annexation, disincorporation, or otherwise, shall
not extend the prohibition against the sale of liquor under
spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licenses to the
new territory. Elections held under RCW 66.40.010,
66.40.020, 66.40.040, 66.40.100, 66.40.110, 66.40.120 and
66.40.140, shall be limited to the question of whether the sale
of liquor by means other than under spirits, beer, and wine
restaurant; spirits, beer, and wine private club; and sports
entertainment facility licenses shall be permitted within such
election unit. [1999 c 281 § 8; 1994 c 55 § 1; 1949 c 5 § 12
(adding new section 83-A to 1933 ex.s. c 62); Rem. Supp.
1949 § 7306-83A.]
Severability—1949 c 5: See RCW 66.98.080.
66.40.040
66.40.040 Petition for election—Contents—Procedure—Signatures, filing, form, copies, fees, etc.—Public
inspection. Any unit referred to in RCW 66.40.010 may
hold such election upon the question of whether the sale of
liquor shall be permitted within the boundaries of such unit,
upon the filing with the county auditor of the county within
which such unit is located, of a petition subscribed by qualified electors of the unit equal in number to at least thirty percent of the electors voting at the last general election within
such unit. Such petition shall designate the unit in which the
election is desired to be had, the date upon which the election
is desired to be held, and the question that is desired to be
submitted. The persons signing such a petition shall state
their post office address, the name or number of the precinct
in which they reside, and in case the subscriber be a resident
of a city, the street and house number, if any, of his residence,
and the date of signature. Said petition shall be filed not less
than sixty days nor more than ninety days prior to the date
upon which the election is to be held. No signature shall be
valid unless the above requirements are complied with, and
unless the date of signing the same is less than ninety days
preceding the date of filing. No signature shall be withdrawn
after the filing of such petition. Such petition may consist of
one or more sheets and shall be fastened together as one document, filed as a whole, and when filed shall not be withdrawn or added to. Such petition shall be a public document
and shall be subject to the inspection of the public. Upon the
request of anyone filing such a petition and paying, or tendering to the county auditor one dollar for each hundred names,
or fraction thereof, signed thereto, together with a copy
thereof, said county auditor shall immediately compare the
original and copy and attach to such copy and deliver to such
person his official certificate that such copy is a true copy of
the original, stating the date when such original was filed in
his office; and said officer shall furnish, upon the demand of
any person, a copy of said petition, upon payment of the same
fee required for the filing of original petitions. [1933 ex.s. c
62 § 84; RRS § 7306-84. Formerly RCW 66.40.040 through
66.40.090.]
66.40.100
66.40.100 Check of petitions. Upon the filing of a petition as hereinbefore provided, the county auditor with whom
it is filed shall cause the names on said petition to be compared with the names on the voters’ official registration
records provided for by law with respect to such unit. The
[Title 66 RCW—page 62]
officer or deputy making the comparison shall place his initials in ink opposite the signatures of those persons who are
shown by such registration records to be legal voters and
shall certify that the signatures so initialed are the signatures
of legal voters of the state of Washington and of said unit, and
shall sign such certificate. In the event that said petition, after
such comparison, shall be found to have been signed by the
percentage of legal voters of said unit referred to in RCW
66.40.040, the question shall be placed upon the ballot at the
next general election. [1933 ex.s. c 62 § 85; RRS § 7306-85.]
66.40.110
66.40.110 Form of ballot. Upon the ballot to be used at
such general election the question shall be submitted in the
following form:
"Shall the sale of liquor be permitted within . . . . . . (here
specify the unit in which election is to be held)." Immediately below said question shall be placed the alternative
answers, as follows:
"For sale of liquor . . . . . . . . . . . . . . . . . . . . . . . . . ( )
Against sale of liquor . . . . . . . . . . . . . . . . . . . . . . ( )."
Each person desiring to vote in favor of permitting the
sale of liquor within the unit in which the election is to be
held shall designate his choice beside the words "For sale of
liquor", and those desiring to vote against the permitting of
the sale of liquor within such unit shall designate their choice
beside the words "Against sale of liquor", and the ballot shall
be counted accordingly. [1933 ex.s. c 62 § 86; RRS § 730686.]
66.40.120
66.40.120 Canvass of votes—Effect. The returns of
any such election shall be canvassed in the manner provided
by law. If the majority of qualified electors voting upon said
question at said election shall have voted "For sale of liquor"
within the unit in which the election is held, the sale of liquor
may be continued in accordance with the provisions of this
title. If the majority of the qualified electors voting on such
question at any such election shall vote "Against sale of
liquor", then, within thirty days after such canvass no sale or
purchase of liquor, save as herein provided, shall be made
within such unit until such permission so to do be subsequently granted at an election held for that purpose under the
provisions of this title. [1933 ex.s. c 62 § 87; RRS § 730687.]
66.40.130
66.40.130 Effect of election as to licenses. Ninety days
after December 2, 1948, spirits, beer, and wine restaurant;
spirits, beer, and wine private club; and sports entertainment
facility licenses may be issued in any election unit in which
the sale of liquor is then lawful. No spirits, beer, and wine
restaurant; spirits, beer, and wine private club; and sports
entertainment facility license shall be issued in any election
unit in which the sale of liquor is forbidden as the result of an
election held under RCW 66.40.010, 66.40.020, 66.40.040,
66.40.100, 66.40.110, 66.40.120 and 66.40.140, unless a
majority of the qualified electors in such election unit voting
upon this initiative at the general election in November,
1948, vote in favor of this initiative, or unless at a subsequent
general election in which the question of whether the sale of
liquor under spirits, beer, and wine restaurant; spirits, beer,
(2006 Ed.)
Enforcement—Penalties
and wine private club; and sports entertainment facility
licenses shall be permitted within such unit is submitted to
the electorate, as provided in RCW 66.40.030, a majority of
the qualified electors voting upon such question vote "for the
sale of liquor under spirits, beer, and wine restaurant; spirits,
beer, and wine private club; and sports entertainment facility
licenses." [1999 c 281 § 9; 1949 c 5 § 13 (adding new section
87-A to 1933 ex.s. c 62); Rem. Supp. 1949 § 7306-87A.]
Severability—1949 c 5: See RCW 66.98.080.
66.40.140
66.40.140 Certificate of result to board—Grace
period—Permitted activities. Whenever a majority of qualified voters voting upon said question in any such unit shall
have voted "Against sale of liquor", the county auditor shall
file with the liquor control board a certificate showing the
result of the canvass at such election; and thereafter, except
as hereinafter provided, it shall not be lawful for a liquor store
to be operated therein nor for licensees to maintain and operate licensed premises therein except as hereinafter provided:
(1) As to any stores maintained by the board within any
such unit at the time of such licensing, the board shall have a
period of thirty days from and after the date of the canvass of
the vote upon such election to continue operation of its store
or stores therein.
(2) As to any premises licensed hereunder within any
such unit at the time of such election, such licensee shall have
a period of sixty days from and after the date of the canvass
of the vote upon such election in which to discontinue operation of its store or stores therein.
(3) Nothing herein contained shall prevent any distillery,
brewery, rectifying plant or winery or the licensed operators
thereof from selling its manufactured product, manufactured
within such unit, outside the boundaries thereof.
(4) Nothing herein contained shall prevent any person
residing in any unit in which the sale of liquor shall have been
forbidden by popular vote as herein provided, who is otherwise qualified to receive and hold a permit under this title,
from lawfully purchasing without the unit and transporting
into or receiving within the unit, liquor lawfully purchased by
him outside the boundaries of such unit. [1933 ex.s. c 62 §
88; RRS § 7306-88.]
66.40.150
66.40.150 Concurrent liquor elections in same election unit prohibited. No election in any unit referred to in
RCW 66.40.010, 66.40.020, 66.40.040, 66.40.100,
66.40.110, 66.40.120 and 66.40.140, upon the question of
whether the sale of liquor shall be permitted within the
boundaries of such unit shall be held at the same time as an
election is held in the same unit upon the question of whether
the sale of liquor under the provisions of RCW 66.40.030
shall be permitted. In the event valid and sufficient petitions
are filed which would otherwise place both questions on the
same ballot that question upon which the petition was filed
with the county auditor first shall be placed on the ballot to
the exclusion of the other. [1949 c 93 § 1 (adding new section
88-A to 1933 ex.s. c 62); Rem. Supp. 1949 § 7306-88A.]
(2006 Ed.)
Chapter 66.44
66.44.010
Chapter 66.44 RCW
ENFORCEMENT—PENALTIES
Sections
66.44.010
66.44.040
66.44.050
66.44.060
66.44.070
66.44.080
66.44.090
66.44.100
66.44.120
66.44.130
66.44.140
66.44.150
66.44.160
66.44.170
66.44.175
66.44.180
66.44.193
66.44.200
66.44.210
66.44.240
66.44.250
66.44.265
66.44.270
66.44.280
66.44.290
66.44.292
66.44.300
66.44.310
66.44.316
66.44.318
66.44.325
66.44.328
66.44.330
66.44.340
66.44.350
66.44.365
66.44.370
66.44.800
Local officers to enforce law—Authority of board—Liquor
enforcement officers.
Sufficiency of description of offenses in complaints, informations, process, etc.
Description of offense in words of statutes—Proof required.
Proof of unlawful sale establishes prima facie intent.
Certified analysis is prima facie evidence of alcoholic content.
Service of process on corporation.
Acting without license.
Opening or consuming liquor in public place—Penalty.
Unlawful use of seal.
Sales of liquor by drink or bottle.
Unlawful sale, transportation of spirituous liquor without
stamp or seal—Unlawful operation, possession of still or
mash.
Buying liquor illegally.
Illegal possession, transportation of alcoholic beverages.
Illegal possession of liquor with intent to sell—Prima facie
evidence, what is.
Violations of law.
General penalties—Jurisdiction for violations.
Sales on university or college campus.
Sales to persons apparently under the influence of liquor—
Purchases or consumption by persons apparently under the
influence of liquor on licensed premises—Penalty—
Notice—Separation of actions.
Obtaining liquor for ineligible person.
Drinking in public conveyance—Penalty against carrier—
Exception.
Drinking in public conveyance—Penalty against individual—
Restricted application.
Candidates giving or purchasing liquor on election day prohibited.
Furnishing liquor to minors—Possession, use—Penalties—
Exhibition of effects—Exceptions.
Minor applying for permit.
Minor purchasing or attempting to purchase liquor—Penalty.
Sales to minors by licensee or employee—Board notification
to prosecuting attorney to formulate charges against minors.
Treats, gifts, purchases of liquor for or from minor, or holding
out minor as at least twenty-one, in public place where liquor
sold.
Minors frequenting off-limits area—Misrepresentation of
age—Penalty—Classification of licensees.
Certain persons eighteen years and over permitted to enter and
remain upon licensed premises during employment.
Employees aged eighteen to twenty-one stocking, merchandising, and handling beer and wine.
Unlawful transfer to minor of age identification.
Preparation or acquisition and supply to persons under age
twenty-one of facsimile of official identification card—Penalty.
Prosecutions to be reported by prosecuting attorney and police
court.
Employees eighteen years and over allowed to sell and handle
beer and wine for certain licensed employers.
Employees eighteen years and over allowed to serve and carry
liquor, clean up, etc., for certain licensed employers.
Juvenile driving privileges—Alcohol or drug violations.
Resisting or opposing officers in enforcement of title.
Compliance by Washington wine and beer commissions.
Minors
access to tobacco, role of liquor control board: Chapter 70.155 RCW.
prohibited to enter bars or taverns: RCW 26.28.080.
Sale or gift of tobacco to persons under certain age is gross misdemeanor:
RCW 26.28.080.
State institutions, bringing in liquor prohibited: RCW 72.23.300.
66.44.010
66.44.010 Local officers to enforce law—Authority of
board—Liquor enforcement officers. (1) All county and
municipal peace officers are hereby charged with the duty of
investigating and prosecuting all violations of this title, and
the penal laws of this state relating to the manufacture,
importation, transportation, possession, distribution and sale
[Title 66 RCW—page 63]
66.44.040
Title 66 RCW: Alcoholic Beverage Control
of liquor, and all fines imposed for violations of this title and
the penal laws of this state relating to the manufacture,
importation, transportation, possession, distribution and sale
of liquor shall belong to the county, city or town wherein the
court imposing the fine is located, and shall be placed in the
general fund for payment of the salaries of those engaged in
the enforcement of the provisions of this title and the penal
laws of this state relating to the manufacture, importation,
transportation, possession, distribution and sale of liquor:
PROVIDED, That all fees, fines, forfeitures and penalties
collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter
3.62 RCW as now exists or is later amended.
(2) In addition to any and all other powers granted, the
board shall have the power to enforce the penal provisions of
this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution
and sale of liquor.
(3) In addition to the other duties under this section, the
board shall enforce chapters 82.24 and 82.26 RCW.
(4) The board may appoint and employ, assign to duty
and fix the compensation of, officers to be designated as
liquor enforcement officers. Such liquor enforcement officers
shall have the power, under the supervision of the board, to
enforce the penal provisions of this title and the penal laws of
this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor. They shall
have the power and authority to serve and execute all warrants and process of law issued by the courts in enforcing the
penal provisions of this title or of any penal law of this state
relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and the provisions of
chapters 82.24 and 82.26 RCW. They shall have the power to
arrest without a warrant any person or persons found in the
act of violating any of the penal provisions of this title or of
any penal law of this state relating to the manufacture, importation, transportation, possession, distribution and sale of
liquor, and the provisions of chapters 82.24 and 82.26 RCW.
[1998 c 18 § 1; 1987 c 202 § 224; 1969 ex.s. c 199 § 28; 1939
c 172 § 5; 1935 c 174 § 11; 1933 ex.s. c 62 § 70; RRS § 730670. Formerly RCW 66.44.010 through 66.44.030.]
Intent—1987 c 202: See note following RCW 2.04.190.
66.44.040
66.44.040 Sufficiency of description of offenses in
complaints, informations, process, etc. In describing the
offense respecting the sale, or keeping for sale or other disposal, of liquor, or the having, keeping, giving, purchasing or
consumption of liquor in any information, summons, conviction, warrant, or proceeding under this title, it shall be sufficient to simply state the sale, or keeping for sale or disposal,
having, keeping, giving, purchasing, or consumption of
liquor, without stating the name or kind of such liquor or the
price thereof, or to whom it was sold or disposed of, or by
whom consumed, or from whom it was purchased or
received; and it shall not be necessary to state the quantity of
liquor so sold, kept for sale, disposed of, had, kept, given,
purchased, or consumed, except in the case of offenses where
the quantity is essential, and then it shall be sufficient to
allege the sale or disposal of more or less than such quantity.
[1933 ex.s. c 62 § 57; RRS § 7306-57.]
[Title 66 RCW—page 64]
66.44.050
66.44.050 Description of offense in words of statutes—Proof required. The description of any offense under
this title, in the words of this title, or in any words of like
effect, shall be sufficient in law; and any exception, exemption, provision, excuse, or qualification, whether it occurs by
way of proviso or in the description of the offense in this title,
may be proved by the defendant, but need not be specified or
negatived in the information; but if it is so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant. [1933 ex.s. c 62 § 58; RRS § 7306-58.]
66.44.060
66.44.060 Proof of unlawful sale establishes prima
facie intent. In any proceeding under this title, proof of one
unlawful sale of liquor shall suffice to establish prima facie
the intent or purpose of unlawfully keeping liquor for sale in
violation of this title. [1933 ex.s. c 62 § 59; RRS § 7306-59.]
66.44.070
66.44.070 Certified analysis is prima facie evidence
of alcoholic content. A certificate, signed by any person
appointed or designated by the board in writing as an analyst,
as to the percentage of alcohol contained in any liquid, drink,
liquor, or combination of liquors, when produced in any court
or before any court shall be prima facie evidence of the percentage of alcohol contained therein. [1933 ex.s. c 62 § 60;
RRS § 7306-60.]
66.44.080
66.44.080 Service of process on corporation. In all
prosecutions, actions, or proceedings under the provisions of
this title against a corporation, every summons, warrant,
order, writ or other proceeding may be served on the corporation in the same manner as is now provided by law for service
of civil process. [1933 ex.s. c 62 § 61; RRS § 7306-61.]
66.44.090
66.44.090 Acting without license. Any person doing
any act required to be licensed under this title without having
in force a license issued to him shall be guilty of a gross misdemeanor. [1955 c 289 § 2. Prior: (i) 1933 ex.s. c 62 § 28;
RRS § 7306-28.(ii) 1939 c 172 § 6(1); 1935 c 174 § 6(1);
1933 ex.s. c 62 § 92(1); RRS § 7306-92(1).]
66.44.100
66.44.100 Opening or consuming liquor in public
place—Penalty. Except as permitted by this title, no person
shall open the package containing liquor or consume liquor in
a public place. Every person who violates any provision of
this section shall be guilty of a class 3 civil infraction under
chapter 7.80 RCW. [1999 c 189 § 3; 1981 1st ex.s. c 5 § 21;
1933 ex.s. c 62 § 34; RRS § 7306-34.]
Application—1999 c 189: See note following RCW 66.28.230.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.44.120
66.44.120 Unlawful use of seal. (1) No person other
than an employee of the board shall keep or have in his or her
possession any official seal prescribed under this title, unless
the same is attached to a package which has been purchased
from a liquor store or contract liquor store; nor shall any person keep or have in his or her possession any design in imitation of any official seal prescribed under this title, or calculated to deceive by its resemblance thereto, or any paper upon
(2006 Ed.)
Enforcement—Penalties
which any design in imitation thereof, or calculated to
deceive as aforesaid, is stamped, engraved, lithographed,
printed, or otherwise marked.
(2)(a) Except as provided in (b) of this subsection, every
person who willfully violates this section is guilty of a gross
misdemeanor and shall be liable on conviction thereof for a
first offense to imprisonment in the county jail for a period of
not less than three months nor more than six months, without
the option of the payment of a fine, and for a second offense,
to imprisonment in the county jail for not less than six months
nor more than one year, without the option of the payment of
a fine.
(b) A third or subsequent offense is a class C felony,
punishable by imprisonment in a state correctional facility for
not less than one year nor more than two years. [2005 c 151
§ 11; 2003 c 53 § 299; 1992 c 7 § 42; 1933 ex.s. c 62 § 47;
RRS § 7306-47.]
66.44.200
66.44.170
66.44.170 Illegal possession of liquor with intent to
sell—Prima facie evidence, what is. Any person who keeps
or possesses liquor upon his person or in any place, or on premises conducted or maintained by him as principal or agent
with the intent to sell it contrary to provisions of this title,
shall be guilty of a violation of this title. The possession of
liquor by the principal or agent on premises conducted or
maintained, under federal authority, as a retail dealer in
liquors, shall be prima facie evidence of the intent to sell
liquor. [1955 c 289 § 7. Prior: 1937 c 144 § 1 (adding new
section 92A to 1933 ex.s. c 62); RRS § 7306-92A.]
66.44.175
66.44.175 Violations of law. Every person who violates any provision of this title or the regulations shall be
guilty of a violation of this title, whether otherwise declared
or not. [1933 ex.s. c 62 § 91; RRS § 7306-91.]
66.44.180
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
66.44.130
66.44.130 Sales of liquor by drink or bottle. Except as
otherwise provided in this title, every person who sells by the
drink or bottle, any liquor shall be guilty of a violation of this
title. [1955 c 289 § 3. Prior: 1939 c 172 § 6(2); 1935 c 174 §
15(2); 1933 ex.s. c 62 § 92(2); RRS § 7306-92(2).]
66.44.140
66.44.140 Unlawful sale, transportation of spirituous
liquor without stamp or seal—Unlawful operation, possession of still or mash. Every person who shall sell or offer
for sale, or transport in any manner, any spirituous liquor,
without government stamp or seal attached thereto, or who
shall operate without a license, any still or other device for
the production of spirituous liquor, or shall have in his possession or under his control any mash capable of being distilled into spirituous liquor except as provided in RCW
66.12.130, shall be guilty of a gross misdemeanor and upon
conviction thereof shall upon his first conviction be fined not
less than five hundred dollars and confined in the county jail
not less than six months, and upon second and subsequent
conviction shall be fined not less than one thousand dollars
and confined in the county jail not less than one year. [1980
c 140 § 4; 1955 c 289 § 4. Prior: 1939 c 172 § 6(3); 1935 c
174 § 15(3); 1933 ex.s. c 62 § 92(3); RRS § 7306-92(3).]
66.44.180 General penalties—Jurisdiction for violations. (1) Every person guilty of a violation of this title for
which no penalty has been specifically provided:
(a) For a first offense, is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or by
imprisonment for not more than two months, or both;
(b) For a second offense, is guilty of a gross misdemeanor punishable by imprisonment for not more than six
months; and
(c) For a third or subsequent offense, is guilty of a gross
misdemeanor punishable by imprisonment for not more than
one year.
(2) If the offender convicted of an offense referred to in
this section is a corporation, it shall for a first offense be liable to a penalty of not more than five thousand dollars, and
for a second or subsequent offense to a penalty of not more
than ten thousand dollars, or to forfeiture of its corporate
license, or both.
(3) Every district judge and municipal judge shall have
concurrent jurisdiction with superior court judges of the state
of Washington of all violations of the provisions of this title
and may impose any punishment provided therefor. [2003 c
53 § 300; 1987 c 202 § 225; 1981 1st ex.s. c 5 § 22; 1935 c
174 § 16; 1933 ex.s. c 62 § 93; RRS § 7306-93.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—1987 c 202: See note following RCW 2.04.190.
66.44.150
66.44.150 Buying liquor illegally. If any person in this
state buys alcoholic beverages from any person other than the
board, a state liquor store, or some person authorized by the
board to sell them, he shall be guilty of a misdemeanor.
[1955 c 289 § 5. Prior: 1939 c 172 § 6(4); 1935 c 174 § 15(4);
1933 ex.s. c 62 § 92(4); RRS § 7306-92(4).]
66.44.160
66.44.160 Illegal possession, transportation of alcoholic beverages. Except as otherwise provided in this title,
any person who has or keeps or transports alcoholic beverages other than those purchased from the board, a state liquor
store, or some person authorized by the board to sell them,
shall be guilty of a violation of this title. [1955 c 289 § 6.
Prior: 1939 c 172 § 6(5); 1935 c 174 § 15(5); 1933 ex.s. c 62
§ 92(5); RRS § 7306-92(5).]
(2006 Ed.)
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.44.193
66.44.193 Sales on university or college campus. If an
institution of higher education chooses to allow the sale of
alcoholic beverages on campus, the legislature encourages
the institution to feature products produced in the state of
Washington. [2003 c 51 § 2.]
66.44.200
66.44.200 Sales to persons apparently under the
influence of liquor—Purchases or consumption by persons apparently under the influence of liquor on licensed
premises—Penalty—Notice—Separation of actions. (1)
No person shall sell any liquor to any person apparently
under the influence of liquor.
[Title 66 RCW—page 65]
66.44.210
Title 66 RCW: Alcoholic Beverage Control
(2)(a) No person who is apparently under the influence
of liquor may purchase or consume liquor on any premises
licensed by the board.
(b) A violation of this subsection is an infraction punishable by a fine of not more than five hundred dollars.
(c) A defendant’s intoxication may not be used as a
defense in an action under this subsection.
(d) Until July 1, 2000, every establishment licensed
under RCW 66.24.330 or 66.24.420 shall conspicuously post
in the establishment notice of the prohibition against the purchase or consumption of liquor under this subsection.
(3) An administrative action for violation of subsection
(1) of this section and an infraction issued for violation of
subsection (2) of this section arising out of the same incident
are separate actions and the outcome of one shall not determine the outcome of the other. [1998 c 259 § 1; 1933 ex.s. c
62 § 36; RRS § 7306-36.]
66.44.210
66.44.210 Obtaining liquor for ineligible person.
Except in the case of liquor administered by a physician or
dentist or sold upon a prescription in accordance with the provisions of this title, no person shall procure or supply, or
assist directly or indirectly in procuring or supplying, liquor
for or to anyone whose permit is suspended or has been canceled. [1933 ex.s. c 62 § 38; RRS § 7306-38.]
66.44.240
66.44.240 Drinking in public conveyance—Penalty
against carrier—Exception. Every person engaged wholly
or in part in the business of carrying passengers for hire, and
every agent, servant, or employee of such person, who knowingly permits any person to drink any intoxicating liquor in
any public conveyance, except in the compartment where
such liquor is sold or served under the authority of a license
lawfully issued, is guilty of a misdemeanor. This section does
not apply to a public conveyance that is commercially chartered for group use or a for-hire vehicle licensed under city,
county, or state law. [1983 c 165 § 29; 1909 c 249 § 442;
RRS § 2694.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Alcoholic beverages, drinking or open container in vehicle on highway,
exceptions: RCW 46.61.519.
66.44.250
66.44.250 Drinking in public conveyance—Penalty
against individual—Restricted application. Every person
who drinks any intoxicating liquor in any public conveyance,
except in a compartment or place where sold or served under
the authority of a license lawfully issued, is guilty of a misdemeanor. With respect to a public conveyance that is commercially chartered for group use and with respect to a for-hire
vehicle licensed under city, county, or state law, this section
applies only to the driver of the vehicle. [1983 c 165 § 30;
1909 c 249 § 441; RRS § 2693.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Alcoholic beverages, drinking or open container in vehicle on highway,
exceptions: RCW 46.61.519.
upon the ballot at any election to give to or purchase for
another person, not a member of his or her family, any liquor
in or upon any premises licensed by the state for the sale of
any such liquor by the drink during the hours that the polls are
open on the day of such election. [1971 ex.s. c 112 § 2.]
66.44.270
66.44.270 Furnishing liquor to minors—Possession,
use—Penalties—Exhibition of effects—Exceptions. (1) It
is unlawful for any person to sell, give, or otherwise supply
liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her
premises or on any premises under his or her control. For the
purposes of this subsection, "premises" includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross
misdemeanor punishable as provided for in chapter 9A.20
RCW.
(2)(a) It is unlawful for any person under the age of
twenty-one years to possess, consume, or otherwise acquire
any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.
(b) It is unlawful for a person under the age of twentyone years to be in a public place, or to be in a motor vehicle
in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the
effects of having consumed liquor means that a person has
the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or
recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits
that he or she is under the influence of liquor. This subsection
(2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under
circumstances described in subsection (4) or (5) of this section.
(3) Subsections (1) and (2)(a) of this section do not apply
to liquor given or permitted to be given to a person under the
age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor
by a person under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.
(4) This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years
by a parent, guardian, physician, or dentist.
(5) This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is
being used in connection with religious services and the
amount consumed is the minimal amount necessary for the
religious service.
(6) Conviction or forfeiture of bail for a violation of this
section by a person under the age of twenty-one years at the
time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense
any liquor after that person has attained the age of twenty-one
years. [1998 c 4 § 1; 1993 c 513 § 1; 1987 c 458 § 3; 1955 c
70 § 2. Prior: 1935 c 174 § 6(1); 1933 ex.s. c 62 § 37(1); RRS
§ 7306-37(1); prior: Code 1881 § 939; 1877 p 205 § 5.]
66.44.265
66.44.265 Candidates giving or purchasing liquor on
election day prohibited. It shall be unlawful for a candidate
for office or for nomination thereto whose name appears
[Title 66 RCW—page 66]
Severability—1987 c 458: See note following RCW 48.21.160.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
(2006 Ed.)
Enforcement—Penalties
66.44.280
66.44.280 Minor applying for permit. Every person
under the age of twenty-one years who makes application for
a permit shall be guilty of an offense against this title. [1955
c 70 § 3. Prior: 1935 c 174 § 6(2); 1933 ex.s. c 62 § 37(2);
RRS § 7306-37(2).]
66.44.290
66.44.290 Minor purchasing or attempting to purchase liquor—Penalty. (1) Every person under the age of
twenty-one years who purchases or attempts to purchase
liquor shall be guilty of a violation of this title. This section
does not apply to persons between the ages of eighteen and
twenty-one years who are participating in a controlled purchase program authorized by the liquor control board under
rules adopted by the board. Violations occurring under a private, controlled purchase program authorized by the liquor
control board may not be used for criminal or administrative
prosecution.
(2) An employer who conducts an in-house controlled
purchase program authorized under this section shall provide
his or her employees a written description of the employer’s
in-house controlled purchase program. The written description must include notice of actions an employer may take as a
consequence of an employee’s failure to comply with company policies regarding the sale of alcohol during an in-house
controlled purchase.
(3) An in-house controlled purchase program authorized
under this section shall be for the purposes of employee training and employer self-compliance checks. An employer may
not terminate an employee solely for a first-time failure to
comply with company policies regarding the sale of alcohol
during an in-house controlled purchase program authorized
under this section.
(4) Every person between the ages of eighteen and
twenty, inclusive, who is convicted of a violation of this section is guilty of a misdemeanor punishable as provided by
RCW 9A.20.021, except that a minimum fine of two hundred
fifty dollars shall be imposed and any sentence requiring
community restitution shall require not fewer than twentyfive hours of community restitution. [2003 c 53 § 301; 2001
c 295 § 1; 1965 c 49 § 1; 1955 c 70 § 4. Prior: 1935 c 174 §
6(1); 1933 ex.s. c 62 § 37(1); RRS § 7306-37(1).]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
66.44.292
66.44.292 Sales to minors by licensee or employee—
Board notification to prosecuting attorney to formulate
charges against minors. The Washington state liquor control board shall furnish notification of any hearing or hearings
held, wherein any licensee or his employee is found to have
sold liquor to a minor, to the prosecuting attorney of the
county in which the sale took place, upon which the prosecuting attorney may formulate charges against said minor or
minors for such violation of RCW 66.44.290 as may appear.
[1981 1st ex.s. c 5 § 23; 1965 c 49 § 3.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.44.300
66.44.300 Treats, gifts, purchases of liquor for or
from minor, or holding out minor as at least twenty-one,
in public place where liquor sold. Any person who invites
a minor into a public place where liquor is sold and treats,
(2006 Ed.)
66.44.316
gives or purchases liquor for such minor, or permits a minor
to treat, give or purchase liquor for the adult; or holds out
such minor to be twenty-one years of age or older to the
owner or employee of the liquor establishment, a law
enforcement officer, or a liquor enforcement officer shall be
guilty of a misdemeanor. [1994 c 201 § 7; 1941 c 78 § 1;
Rem. Supp. 1941 § 7306-37A.]
66.44.310 Minors frequenting off-limits area—Misrepresentation of age—Penalty—Classification of licensees. (1) Except as otherwise provided by RCW 66.44.316
and 66.44.350, it shall be a misdemeanor:
(a) To serve or allow to remain in any area classified by
the board as off-limits to any person under the age of twentyone years;
(b) For any person under the age of twenty-one years to
enter or remain in any area classified as off-limits to such a
person, but persons under twenty-one years of age may pass
through a restricted area in a facility holding a spirits, beer,
and wine private club license;
(c) For any person under the age of twenty-one years to
represent his or her age as being twenty-one or more years for
the purpose of purchasing liquor or securing admission to, or
remaining in any area classified by the board as off-limits to
such a person.
(2) The Washington state liquor control board shall have
the power and it shall be its duty to classify licensed premises
or portions of licensed premises as off-limits to persons under
the age of twenty-one years of age. [1998 c 126 § 14; 1997 c
321 § 53; 1994 c 201 § 8; 1981 1st ex.s. c 5 § 24; 1943 c 245
§ 1 (adding new section 36-A to 1933 ex.s. c 62); Rem. Supp.
1943 § 7306-36A. Formerly RCW 66.24.130 and 66.44.310.]
66.44.310
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
66.44.316 Certain persons eighteen years and over
permitted to enter and remain upon licensed premises
during employment. It is lawful for:
(1) Professional musicians, professional disc jockeys, or
professional sound or lighting technicians actively engaged
in support of professional musicians or professional disc
jockeys, eighteen years of age and older, to enter and to
remain in any premises licensed under the provisions of Title
66 RCW, but only during and in the course of their employment as musicians, disc jockeys, or sound or lighting technicians;
(2) Persons eighteen years of age and older performing
janitorial services to enter and remain on premises licensed
under the provisions of Title 66 RCW when the premises are
closed but only during and in the course of their performance
of janitorial services;
(3) Employees of amusement device companies, which
employees are eighteen years of age or older, to enter and to
remain in any premises licensed under the provisions of Title
66 RCW, but only during and in the course of their employment for the purpose of installing, maintaining, repairing, or
removing an amusement device. For the purposes of this sec66.44.316
[Title 66 RCW—page 67]
66.44.318
Title 66 RCW: Alcoholic Beverage Control
tion amusement device means coin-operated video games,
pinball machines, juke boxes, or other similar devices; and
(4) Security and law enforcement officers, and fire fighters eighteen years of age or older to enter and to remain in
any premises licensed under Title 66 RCW, but only during
and in the course of their official duties and only if they are
not the direct employees of the licensee. However, the application of the [this] subsection to security officers is limited to
casual, isolated incidents arising in the course of their duties
and does not extend to continuous or frequent entering or
remaining in any licensed premises.
This section shall not be construed as permitting the sale
or distribution of any alcoholic beverages to any person
under the age of twenty-one years. [1985 c 323 § 1; 1984 c
136 § 1; 1980 c 22 § 1; 1973 1st ex.s. c 96 § 1.]
in, on or about any establishment holding a grocery store or
beer and/or wine specialty shop license exclusively: PROVIDED, That there is an adult twenty-one years of age or
older on duty supervising the sale of liquor at the licensed
premises: PROVIDED, That minor employees may make
deliveries of beer and/or wine purchased from licensees holding grocery store or beer and/or wine specialty shop licenses
exclusively, when delivery is made to cars of customers adjacent to such licensed premises but only, however, when the
minor employee is accompanied by the purchaser. [1999 c
281 § 11; 1986 c 5 § 1; 1981 1st ex.s. c 5 § 48; 1969 ex.s. c
38 § 1.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.44.350 Employees eighteen years and over
allowed to serve and carry liquor, clean up, etc., for certain licensed employers. Notwithstanding provisions of
RCW 66.44.310, employees holding beer and/or wine restaurant; beer and/or wine private club; snack bar; spirits, beer,
and wine restaurant; spirits, beer, and wine private club; and
sports entertainment facility licenses who are licensees eighteen years of age and over may take orders for, serve and sell
liquor in any part of the licensed premises except cocktail
lounges, bars, or other areas classified by the Washington
state liquor control board as off-limits to persons under
twenty-one years of age: PROVIDED, That such employees
may enter such restricted areas to perform work assignments
including picking up liquor for service in other parts of the
licensed premises, performing clean up work, setting up and
arranging tables, delivering supplies, delivering messages,
serving food, and seating patrons: PROVIDED FURTHER,
That such employees shall remain in the areas off-limits to
minors no longer than is necessary to carry out their aforementioned duties: PROVIDED FURTHER, That such
employees shall not be permitted to perform activities or
functions of a bartender. [1999 c 281 § 12; 1988 c 160 § 1;
1975 1st ex.s. c 204 § 1.]
66.44.350
66.44.318
66.44.318 Employees aged eighteen to twenty-one
stocking, merchandising, and handling beer and wine.
Licensees holding nonretail class liquor licenses are permitted to allow their employees between [the] ages of eighteen
and twenty-one to stock, merchandise, and handle beer or
wine on or about the nonretail premises if there is an adult
twenty-one years of age or older on duty supervising such
activities on the premises. [1995 c 100 § 2.]
66.44.325
66.44.325 Unlawful transfer to minor of age identification. Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such
minor to obtain alcoholic beverages shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021,
except that a minimum fine of two hundred fifty dollars shall
be imposed and any sentence requiring community restitution
shall require not fewer than twenty-five hours of community
restitution: PROVIDED, That corroborative testimony of a
witness other than the minor shall be a condition precedent to
conviction. [2002 c 175 § 43; 1987 c 101 § 2; 1961 c 147 §
1.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Cards of identification: RCW 66.20.160 through 66.20.210.
66.44.328
66.44.328 Preparation or acquisition and supply to
persons under age twenty-one of facsimile of official identification card—Penalty. No person may forge, alter, counterfeit, otherwise prepare or acquire and supply to a person
under the age of twenty-one years a facsimile of any of the
officially issued cards of identification that are required for
presentation under RCW 66.16.040. A violation of this section is a gross misdemeanor punishable as provided by RCW
9A.20.021 except that a minimum fine of two thousand five
hundred dollars shall be imposed. [1987 c 101 § 3.]
66.44.330
66.44.330 Prosecutions to be reported by prosecuting
attorney and police court. See RCW 36.27.020(12).
66.44.340
66.44.340 Employees eighteen years and over
allowed to sell and handle beer and wine for certain
licensed employers. Employers holding grocery store or
beer and/or wine specialty shop licenses exclusively are permitted to allow their employees, between the ages of eighteen
and twenty-one years, to sell, stock, and handle beer or wine
[Title 66 RCW—page 68]
66.44.365 Juvenile driving privileges—Alcohol or
drug violations. (1) If a juvenile thirteen years of age or
older and under the age of eighteen is found by a court to
have committed any offense that is a violation of this chapter,
the court shall notify the department of licensing within
twenty-four hours after entry of the judgment.
(2) Except as otherwise provided in subsection (3) of this
section, upon petition of a juvenile whose privilege to drive
has been revoked pursuant to RCW 46.20.265, the court may
notify the department of licensing that the juvenile’s privilege to drive should be reinstated.
(3) If the conviction is for the juvenile’s first violation of
this chapter or chapter 69.41, 69.50, or 69.52 RCW, a juvenile may not petition the court for reinstatement of the juvenile’s privilege to drive revoked pursuant to RCW 46.20.265
until the later of ninety days after the date the juvenile turns
sixteen or ninety days after the judgment was entered. If the
conviction was for the juvenile’s second or subsequent violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW,
the juvenile may not petition the court for reinstatement of
the juvenile’s privilege to drive revoked pursuant to RCW
46.20.265 until the later of the date the juvenile turns seven66.44.365
(2006 Ed.)
Construction
teen or one year after the date judgment was entered. [1989 c
271 § 118; 1988 c 148 § 3.]
66.98.060
invalid clauses, parts or sections. [1933 ex.s. c 62 § 94; RRS
§ 7306-94.]
Severability—1989 c 271: See note following RCW 9.94A.510.
66.98.030
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
66.44.370
66.44.370 Resisting or opposing officers in enforcement of title. No person shall knowingly or wilfully resist or
oppose any state, county, or municipal peace officer, or
liquor enforcement officer, in the discharge of his/her duties
under Title 66 RCW, or aid and abet such resistance or opposition. Any person who violates this section shall be guilty of
a violation of this title and subject to arrest by any such
officer. [1981 1st ex.s. c 5 § 27.]
Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090
and 66.98.100.
66.44.800
66.44.800 Compliance by Washington wine and beer
commissions. (1) Nothing contained in chapter 15.88 RCW
shall affect the compliance by the Washington wine commission with this chapter.
(2) Nothing contained in chapter 15.89 RCW shall affect
the compliance by the Washington beer commission with this
chapter. [2006 c 330 § 22; 1987 c 452 § 17.]
Construction—Severability—2006 c 330: See RCW 15.89.900 and
15.89.901.
Construction—Effective dates—Severability—1987 c 452: See
RCW 15.88.900 through 15.88.902.
Chapter 66.98
Chapter 66.98 RCW
CONSTRUCTION
Sections
66.98.010
66.98.020
66.98.030
66.98.040
66.98.050
66.98.060
66.98.070
66.98.080
66.98.090
66.98.100
Short title.
Severability and construction—1933 ex.s. c 62.
Effect of act on certain laws—1933 ex.s. c 62.
Effective date and application—1937 c 217.
Effective date and application—1939 c 172.
Rights of spirits, beer, and wine restaurant licensees—1949 c
5.
Regulations by board—1949 c 5.
Severability—1949 c 5.
Severability—1981 1st ex.s. c 5.
Effective date—1981 1st ex.s. c 5.
66.98.010
66.98.010 Short title. This act may be cited as the
"Washington State Liquor Act." [1933 ex.s. c 62 § 1; RRS §
7306-1.]
66.98.030 Effect of act on certain laws—1933 ex.s. c
62. Nothing in this act shall be construed to amend or repeal
chapter 2 of the Laws of 1933, or any portion thereof. [1933
ex.s. c 62 § 95; RRS § 7306-95.]
Reviser’s note: 1933 c 2 referred to herein consisted of two sections,
section 1 of which is codified as RCW 66.44.320 and section 2 was a repeal
of earlier liquor laws.
66.98.040
66.98.040 Effective date and application—1937 c
217. This act is necessary for the support of the state government and its existing public institutions and shall take effect
immediately: PROVIDED, HOWEVER, That any person,
who shall at the time this act takes effect be the bona fide
holder of a license duly issued under *chapter 62, Laws of
1933, extraordinary session, as amended by chapters 13, 80,
158 and 174, Laws of 1935, shall be entitled to exercise the
rights and privileges granted by such license until the 30th
day of September, 1937: AND PROVIDED FURTHER,
That all persons lawfully engaged in activities not required to
be licensed prior to the taking effect of this act but which are
required to be licensed under the provisions of this act shall
have thirty days from and after the taking effect of this act in
which to comply with the same. [1937 c 217 § 8; RRS §
7306-97.]
*Reviser’s note: Chapter 62, Laws of 1933, extraordinary session, is
the basic liquor act codified in this title. The 1937 act in which it appears
amended it.
66.98.050
66.98.050 Effective date and application—1939 c
172. This act is necessary for the support of the state government and its existing public institutions and shall take effect
immediately: PROVIDED, HOWEVER, That any person,
who shall at the time this act takes effect be the bona fide
holder of a license duly issued under *chapter 62, Laws of
1933, extraordinary session, as amended by chapters 13, 80,
158 and 174, Laws of 1935 and chapters 62 and 217, Laws of
1937, shall be entitled to exercise the rights and privileges
granted by such license until the 30th day of September,
1939: AND PROVIDED FURTHER, That all persons lawfully engaged in activities not required to be licensed prior to
the taking effect of this act but which are required to be
licensed under the provisions of this act shall have thirty days
from and after the taking effect of this act in which to comply
with the same. [1939 c 172 § 11; RRS § 7306-97a.]
66.98.020
66.98.020 Severability and construction—1933 ex.s. c
62. If any clause, part or section of this act shall be adjudged
invalid, such judgment shall not affect nor invalidate the
remainder of the act, but shall be confined in its operation to
the clause, part or section directly involved in the controversy
in which such judgment was rendered. If the operation of any
clause, part or section of this act shall be held to impair the
obligation of contract, or to deny to any person any right or
protection secured to him by the Constitution of the United
States of America, or by the Constitution of the state of
Washington, it is hereby declared that, had the invalidity of
such clause, part or section been considered at the time of the
enactment of this act, the remainder of the act would nevertheless have been adopted without such and any and all such
(2006 Ed.)
*Reviser’s note: Chapter 62, Laws of 1933, extraordinary session, is
the basic liquor act codified in this title. The 1939 act in which it appears
amended it.
66.98.060
66.98.060 Rights of spirits, beer, and wine restaurant
licensees—1949 c 5. Notwithstanding any provisions of
chapter 62, Laws of 1933 ex. sess., as last amended, or of any
provisions of any other law which may otherwise be applicable, it shall be lawful for the holder of a spirits, beer, and wine
restaurant license to sell beer, wine, and spirituous liquor in
this state in accordance with the terms of chapter 5, Laws of
1949. [1998 c 126 § 15; 1997 c 321 § 54; 1949 c 5 § 14; No
RRS. Formerly: RCW 66.24.460.]
Effective date—1998 c 126: See note following RCW 66.20.010.
[Title 66 RCW—page 69]
66.98.070
Title 66 RCW: Alcoholic Beverage Control
Effective date—1997 c 321: See note following RCW 66.24.010.
66.98.070 Regulations by board—1949 c 5. For the
purpose of carrying into effect the provisions of this act, the
board shall have the same power to make regulations not
inconsistent with the spirit of this act as is provided by RCW
66.08.030. [1949 c 5 § 15; No RRS. Formerly: RCW
66.24.470.]
66.98.070
66.98.080 Severability—1949 c 5. If any section or
provision of this act shall be adjudged to be invalid, such
adjudication shall not affect the validity of the act as whole or
any section, provision, or part thereof not adjudged to be
invalid. [1949 c 5 § 17; No RRS.]
66.98.080
66.98.090 Severability—1981 1st ex.s. c 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1981 1st ex.s. c 5 § 50.]
66.98.090
66.98.100 Effective date—1981 1st ex.s. c 5. This act
is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect July
1, 1981. [1981 1st ex.s. c 5 § 51.]
66.98.100
[Title 66 RCW—page 70]
(2006 Ed.)
Title 67
SPORTS AND RECREATION—CONVENTION FACILITIES
Title 67
Chapters
67.04
67.08
67.12
67.14
67.16
67.17
67.20
67.24
67.28
67.30
67.38
67.40
67.42
67.70
Baseball.
Boxing, martial arts, and wrestling.
Dancing, billiards, pool, and bowling.
Billiard tables, bowling alleys, and miscellaneous games—1873 act.
Horse racing.
Live horse racing compact.
Parks, bathing beaches, public camps.
Fraud in sporting contest.
Public stadium, convention, arts, and tourism
facilities.
Multipurpose sports stadia.
Cultural arts, stadium and convention districts.
Convention and trade facilities.
Amusement rides.
State lottery.
Alcoholic beverage control: Title 66 RCW.
Bicycles—Operation and equipment: RCW 46.61.750 through 46.61.780.
Business and occupation tax—Exemptions—Boxing, sparring, or wrestling
matches: RCW 82.04.340.
Cities and towns
admissions tax: RCW 35.21.280.
auditoriums, art museums, swimming pools, etc.—Power to acquire:
RCW 35.21.020, 35A.11.020.
powers vested in legislative bodies of noncharter and charter code cities:
RCW 35A.11.020.
Common carriers—Commutation or excursion tickets: RCW 81.28.080.
Controlled substances: Chapter 69.50 RCW.
Counties
admissions tax: Chapter 36.38 RCW.
fairs and poultry shows: Chapter 36.37 RCW.
joint armory sites: RCW 36.64.050.
parks and recreational facilities: Chapter 36.68 RCW.
recreation districts act for counties: Chapter 36.69 RCW.
southwest Washington fair: Chapter 36.90 RCW.
County park and recreation service areas—Use of local service funds in
exercise of powers enumerated: Chapter 36.68 RCW.
Cruelty to animals—Prevention: Chapter 16.52 RCW.
Limitation on liability of landowners for injuries to recreation users: RCW
4.24.210.
Marine recreation land act: Chapter 79A.25 RCW.
Metropolitan municipal corporations: Chapter 35.58 RCW.
Metropolitan park districts: Chapter 35.61 RCW.
Militia
armories and small arms ranges: Chapter 38.20 RCW.
membership in clubs, etc.: RCW 38.40.110.
social corporations may be formed: RCW 38.40.130.
Multipurpose community centers: Chapter 35.59 RCW.
Narcotic drugs: Chapter 69.50 RCW.
Parks and recreation commission: Chapter 79A.05 RCW.
Physical education in schools and higher institutions: RCW 28A.230.040,
28A.230.050.
Professional sports franchise, cities authorized to own and operate: RCW
35.21.695.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public lands
director of ecology to assist city parks: RCW 79.125.730.
exchange of lands to secure city parks and playgrounds: RCW
79.125.720.
grant of lands for city park or playground purposes: RCW 79.125.710.
use of public lands for state or city park purposes: RCW 79A.50.010
through 79A.50.030.
Regulation of motor boats: Chapter 79A.60 RCW.
Second class cities, additional powers—Acquisition of property for municipal purposes: RCW 35.23.452.
State agency for surveys and maps: Chapter 58.24 RCW.
Streets—Bicycles—Paths: Chapter 35.75 RCW.
Unclassified cities—Additional powers (relating to recreation or entertainment): RCW 35.30.010(4).
Use of playgrounds for other than school purposes: RCW 28A.335.150.
Vacation of streets or alleys abutting on bodies of water by city or town prohibited with specified exceptions such as when the vacated property is
to be used for recreational purposes, etc.: RCW 35.79.035.
Watercraft adrift: Chapter 79A.60 RCW.
Water recreation facilities: Chapter 70.90 RCW.
Wharves and landings—Right of riparian owner to construct: RCW
88.24.010.
Doors of buildings used by public—Requirements—Penalty: RCW
70.54.070.
Chapter 67.04
Driving delinquencies: Chapter 46.61 RCW.
Earthquake standards for construction (public meeting places): Chapter
70.86 RCW.
Excise taxes: Motor vehicle fuel tax—Exemptions: RCW 82.36.230.
Explosives: Chapter 70.74 RCW.
Fireworks: Chapter 70.77 RCW.
First class cities
additional powers—Auditoriums, art museums: RCW 35.22.290.
leasing of land for auditoriums, etc.: RCW 35.22.300.
Food fish and shellfish
department of fish and wildlife: Chapter 77.04 RCW.
unlawful acts: Chapter 77.50 RCW.
Game and game fish: Title 77 RCW.
Horse racing commission: Chapter 67.16 RCW.
(2006 Ed.)
Chapter 67.04 RCW
BASEBALL
Sections
67.04.010
67.04.020
67.04.030
67.04.040
67.04.050
67.04.060
67.04.070
67.04.080
67.04.090
67.04.100
67.04.110
67.04.120
67.04.130
67.04.140
Penalty for bribery in relation to baseball game.
Penalty for acceptance of bribe.
Elements of offense outlined.
"Bribe" defined.
Corrupt baseball playing—Penalty.
Venue of action.
Bonus or extra compensation.
Scope of provisions as to bribes.
Baseball contracts with minors—Definitions.
Contract with minor void unless approved.
Contract with minor—Approval by prosecuting attorney.
Contract with minor—Basis of approval.
Contract with minor—Effect of disapproval.
Negotiations with minor prohibited.
[Title 67 RCW—page 1]
67.04.010
67.04.150
Title 67 RCW: Sports and Recreation—Convention Facilities
Contract with minor—Penalty for violation.
Age of majority: Chapter 26.28 RCW.
67.04.010
67.04.010 Penalty for bribery in relation to baseball
game. Any person who shall bribe or offer to bribe, any
baseball player with intent to influence his play, action or
conduct in any baseball game, or any person who shall bribe
or offer to bribe any umpire of a baseball game, with intent to
influence him to make a wrong decision or to bias his opinion
or judgment in relation to any baseball game or any play
occurring therein, or any person who shall bribe or offer to
bribe any manager, or other official of a baseball club, league
or association, by whatsoever name called, conducting said
game of baseball to throw or lose a game of baseball, shall be
guilty of a gross misdemeanor. [1921 c 181 § 1; RRS § 23211.]
67.04.020
67.04.020 Penalty for acceptance of bribe. Any baseball player who shall accept or agree to accept, a bribe offered
for the purpose of wrongfully influencing his play, action or
conduct in any baseball game, or any umpire of a baseball
game who shall accept or agree to accept a bribe offered for
the purpose of influencing him to make a wrong decision, or
biasing his opinions, rulings or judgment with regard to any
play, or any manager of a baseball club, or club or league
official, who shall accept, or agree to accept, any bribe
offered for the purpose of inducing him to lose or cause to be
lost any baseball game, as set forth in RCW 67.04.010, shall
be guilty of a gross misdemeanor. [1921 c 181 § 2; RRS §
2321-2.]
67.04.030
67.04.030 Elements of offense outlined. To complete
the offenses mentioned in RCW 67.04.010 and 67.04.020, it
shall not be necessary that the baseball player, manager,
umpire or official, shall, at the time, have been actually
employed, selected or appointed to perform their respective
duties; it shall be sufficient if the bribe be offered, accepted or
agreed to with the view of probable employment, selection or
appointment of the person to whom the bribe is offered, or by
whom it is accepted. Neither shall it be necessary that such
baseball player, umpire or manager actually play or participate in a game or games concerning which said bribe is
offered or accepted; it shall be sufficient if the bribe be given,
offered or accepted in view of his or their possibly participating therein. [1921 c 181 § 3; RRS § 2321-3.]
67.04.040
67.04.040 "Bribe" defined. By a "bribe" as used in
RCW 67.04.010 through 67.04.080, is meant any gift, emolument, money or thing of value, testimonial, privilege,
appointment or personal advantage, or the promise of either,
bestowed or promised for the purpose of influencing, directly
or indirectly, any baseball player, manager, umpire, club or
league official, to see which game an admission fee may be
charged, or in which game of baseball any player, manager or
umpire is paid any compensation for his services. Said bribe
as defined in RCW 67.04.010 through 67.04.080 need not be
direct; it may be such as is hidden under the semblance of a
sale, bet, wager, payment of a debt, or in any other manner
designed to cover the true intention of the parties. [1921 c
181 § 4; RRS § 2321-4.]
[Title 67 RCW—page 2]
67.04.050
67.04.050 Corrupt baseball playing—Penalty. Any
baseball player, manager or club or league official who shall
commit any wilful act of omission or commission in playing,
or directing the playing, of a baseball game, with intent to
cause the ball club, with which he is affiliated, to lose a baseball game; or any umpire officiating in a baseball game, or
any club or league official who shall commit any wilful act
connected with his official duties for the purpose and with the
intent to cause a baseball club to win or lose a baseball game,
which it would not otherwise have won or lost under the rules
governing the playing of said game, shall be guilty of a gross
misdemeanor. [1921 c 181 § 5; RRS § 2321-5.]
67.04.060
67.04.060 Venue of action. In all prosecutions under
RCW 67.04.010 through 67.04.080 the venue may be laid in
any county where the bribe herein referred to was given,
offered or accepted, or in which the baseball game was
played in relation to which the bribe was offered, given or
accepted, or the acts referred to in RCW 67.04.050 committed. [1921 c 181 § 6; RRS § 2321-6.]
67.04.070
67.04.070 Bonus or extra compensation. Nothing in
RCW 67.04.010 through 67.04.080 shall be construed to prohibit the giving or offering of any bonus or extra compensation to any manager or baseball player by any person to
encourage such manager or player to a higher degree of skill,
ability or diligence in the performance of his duties. [1921 c
181 § 7; RRS § 2321-7.]
67.04.080
67.04.080 Scope of provisions as to bribes. RCW
67.04.010 through 67.04.080 shall apply only to baseball
league and club officials, umpires, managers and players who
act in such capacity in games where the public is generally
invited to attend and a general admission fee is charged.
[1921 c 181 § 8; RRS § 2321-8.]
67.04.090
67.04.090 Baseball contracts with minors—Definitions. As used in RCW 67.04.090 through 67.04.150 the following terms shall have the following meanings:
(1) "Minor" shall mean any person under the age of eighteen years, and who has not graduated from high school:
PROVIDED, That should he become eighteen during his
senior year he shall be a minor until the end of the school
year;
(2) "Contract" shall mean any contract, agreement,
bonus or gratuity arrangement, whether oral or written;
(3) "Organized professional baseball" shall mean and
include all persons, firms, corporations, associations, or
teams or clubs, or agents thereof, engaged in professional
baseball, or in promoting the interest of professional baseball,
or sponsoring or managing other persons, firms, corporations, associations, teams, or clubs who play baseball in any
of the major or minor professional baseball leagues, or any
such league hereafter organized;
(4) "Agent" shall, in addition to its generally accepted
legal meaning, mean and include those persons commonly
known as "baseball scouts";
(5) "Prosecuting attorney" shall mean the prosecuting
attorney, or his regular deputy, of the county in which the
minor’s parent is domiciled;
(2006 Ed.)
Boxing, Martial Arts, and Wrestling
(6) "Parent" shall mean parent, parents or guardian.
[1951 c 78 § 2.]
Purpose—1951 c 78: "The welfare of the children of this state is of paramount interest to the people of the state. It is the purpose of this act to foster
the education of minors and to protect their moral and physical well-being.
Organized professional baseball has in numerous cases induced minors to
enter into contracts and agreements which have been unfair and injurious to
them." [1951 c 78 § 1.]
Severability—1951 c 78: "If any portion, section, or clause of this act,
shall be declared or found invalid by any court of competent jurisdiction,
such adjudication shall not affect the remainder of this act." [1951 c 78 § 9.]
67.04.100
67.04.100 Contract with minor void unless approved.
Any contract between organized professional baseball and a
minor shall be null and void and contrary to the public policy
of the state, unless and until such contract be approved as
hereinafter provided. [1951 c 78 § 3.]
Purpose—Severability—1951 c 78: See notes following RCW
67.04.090.
67.04.110
67.04.110 Contract with minor—Approval by prosecuting attorney. No contract within RCW 67.04.090
through 67.04.150 shall be null and void, nor shall any of the
prohibitions or penalties provided in RCW 67.04.090 through
67.04.150 be applicable if such contract be first approved in
writing by the prosecuting attorney. Such approval may be
sought jointly, or at the request of either party seeking a contract. [1951 c 78 § 4.]
Purpose—Severability—1951 c 78: See notes following RCW
67.04.090.
67.04.120
67.04.120 Contract with minor—Basis of approval.
The prosecuting attorney shall have the authority to examine
all the parties to the proposed contract and any other interested person and shall approve such contract if the following
facts and circumstances are found to exist:
(1) That the minor has not been signed, approached, or
contacted, directly or indirectly, pertaining to a professional
baseball contract except as herein permitted by approval of
the prosecuting attorney;
(2) That the minor has been apprised of the fact that
approval of the contract may deprive him of his amateur status;
(3) That the parent of the minor and the minor have consented to the contract;
(4) That the prosecuting attorney has concluded that the
contract conforms to the provisions of RCW 67.04.090
through 67.04.150, and is a valid and binding contract;
(5) That the contract permits the minor to have at least
five months available each year to continue his high school
education. [1951 c 78 § 5.]
Purpose—Severability—1951 c 78: See notes following RCW
67.04.090.
Employment permits: RCW 28A.225.080.
Purpose—Severability—1951 c 78: See notes following RCW
67.04.090.
67.04.140
67.04.140 Negotiations with minor prohibited. No
representative of organized professional baseball nor agent,
nor person purporting to be able to represent any institution in
organized baseball, whether so authorized to represent such
institution or not, shall initiate or participate in any negotiations which would induce an evasion of this law in any way,
including the removal of any minor to another state, or violate the minor’s high school athletic eligibility. [1951 c 78 §
7.]
Purpose—Severability—1951 c 78: See notes following RCW
67.04.090.
67.04.150
67.04.150 Contract with minor—Penalty for violation. Any person, firm, corporation, association, or agent
thereof, who enters into a contract with a minor, or gives a
bonus or any gratuity to any minor to secure the minor’s
promise to enter into a contract in violation of the provisions
of RCW 67.04.090 through 67.04.150, or shall otherwise violate any provisions of RCW 67.04.090 through 67.04.150,
shall be guilty of a gross misdemeanor. [1951 c 78 § 8.]
Purpose—Severability—1951 c 78: See notes following RCW
67.04.090.
Chapter 67.08 RCW
BOXING, MARTIAL ARTS, AND WRESTLING
Chapter 67.08
(Formerly: Boxing, sparring, and wrestling)
Sections
67.08.002
67.08.007
67.08.010
67.08.015
67.08.017
67.08.030
67.08.040
67.08.050
67.08.055
67.08.060
67.08.080
67.08.090
67.08.100
67.08.105
67.08.110
67.08.130
67.08.140
67.08.150
67.08.160
67.08.170
67.08.180
67.08.200
67.08.220
67.04.130
67.04.130 Contract with minor—Effect of disapproval. Should the prosecuting attorney not approve the contract as above provided, then such contract shall be void, and
the status of the minor shall remain as if no contract had been
made, unless the prosecuting attorney’s determination be the
result of arbitrary or capricious action. [1951 c 78 § 6.]
(2006 Ed.)
Chapter 67.08
67.08.240
67.08.300
67.08.310
67.08.900
67.08.901
67.08.902
67.08.903
Definitions.
Officers, employees, inspectors.
Licenses for boxing, martial arts, and wrestling events—Telecasts.
Duties of department—Exemptions—Rules.
Director—Powers.
Promoters—Bond—Medical insurance.
Issuance of license.
Statement and report of event—Tax on gross receipts—Complimentary tickets.
Simultaneous or closed circuit telecasts—Report—Tax on
gross receipts.
Inspectors—Duties—Fee and travel expenses for attending
events.
Rounds and bouts limited—Weight of gloves—Rules.
Physician’s attendance—Examination of contestants—Urinalysis.
Annual licenses—Fees—Qualifications—Revocation—
Exceptions.
License and renewal fees.
Unprofessional conduct—Sham or fake event.
Failure to make report—Additional tax—Hearing—Disciplinary action.
Penalty for conducting events without license—Penalty.
General penalty.
Ambulance or paramedical unit at location.
Security—Promoter’s responsibility.
Unprofessional conduct—Prohibited acts.
Unprofessional conduct—Written complaint—Investigation—Immunity of complainant.
Unprofessional conduct—Order upon finding—Penalties—
Costs.
Unprofessional conduct—What constitutes.
Immunity of director and director’s agents.
Uniform regulation of business and professions act.
Severability—1933 c 184.
Severability—1993 c 278.
Effective date—1993 c 278.
Severability—1997 c 205.
[Title 67 RCW—page 3]
67.08.002
67.08.002
Title 67 RCW: Sports and Recreation—Convention Facilities
67.08.002 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Amateur" means a person who has never received
nor competed for any purse or other article of value, either for
expenses of training or for participating in an event, other
than a prize of fifty dollars in value or less.
(2) "Boxing" means the sport of attack and defense
which uses the contestants fists and where the contestants
compete with the intent not to injure or disable an opponent,
but to win by decision, knockout, or technical knockout, but
does not include professional wrestling.
(3) "Chiropractor" means a person licensed under chapter 18.25 RCW as a doctor of chiropractic or under the laws
of any jurisdiction in which that person resides.
(4) "Department" means the department of licensing.
(5) "Director" means the director of the department of
licensing or the director’s designee.
(6) "Event" includes, but is not limited to, a boxing,
wrestling, or martial arts contest, sparring, fisticuffs, match,
show, or exhibition.
(7) "Event physician" means the physician licensed
under RCW 67.08.100 and who is responsible for the activities described in RCW 67.08.090.
(8) "Face value" means the dollar value of a ticket or
order, which value must reflect the dollar amount that the
customer is required to pay or, for a complimentary ticket,
would have been required to pay to purchase a ticket with
equivalent seating priority, in order to view the event.
(9) "Gross receipts" means the amount received from the
face value of all tickets sold and complimentary tickets
redeemed.
(10) "Kickboxing" means a type of boxing in which
blows are delivered with the fist and any part of the leg below
the hip, including the foot and where the contestants compete
with the intent not to injure or disable an opponent, but to win
by decision, knockout, or technical knockout.
(11) "Martial arts" means a type of boxing including
sumo, judo, karate, kung fu, tae kwon do, pankration, muay
thai, or other forms of full-contact martial arts or self-defense
conducted on a full-contact basis where weapons are not used
and the participants utilize kicks, punches, blows, or other
techniques with the intent not to injure or disable an opponent, but to defeat an opponent or win by decision, knockout,
technical knockout, or submission.
(12) "No holds barred fighting," also known as "frontier
fighting" and "extreme fighting," means a contest, exhibition,
or match between contestants where any part of the contestant’s body may be used as a weapon or any means of fighting
may be used with the specific purpose to intentionally injure
the other contestant in such a manner that they may not
defend themselves and a winner is declared. Rules may or
may not be used.
(13) "Combative fighting," also known as "toughman
fighting," "toughwoman fighting," "badman fighting," and
"so you think you’re tough," means a contest, exhibition, or
match between contestants who use their fists, with or without gloves, or their feet, or both, and which allows contestants that are not trained in the sport to compete and the object
is to defeat an opponent or to win by decision, knockout, or
technical knockout.
[Title 67 RCW—page 4]
(14) "Physician" means a person licensed under chapter
18.57, 18.36A, or 18.71 RCW as a physician or a person
holding an osteopathic or allopathic physician license under
the laws of any jurisdiction in which the person resides.
(15) "Professional" means a person who has received or
competed for any purse or other articles of value greater than
fifty dollars, either for the expenses of training or for participating in an event.
(16) "Promoter" means a person, and includes any
officer, director, employee, or stockholder of a corporate promoter, who produces, arranges, stages, holds, or gives an
event in this state involving a professional boxing, martial
arts, or wrestling event, or shows or causes to be shown in
this state a closed circuit telecast of a match involving a professional participant whether or not the telecast originates in
this state.
(17) "Wrestling exhibition" or "wrestling show" means a
form of sports entertainment in which the participants display
their skills in a physical struggle against each other in the ring
and either the outcome may be predetermined or the participants do not necessarily strive to win, or both.
(18) "Amateur event" means an event in which all the
participants are "amateurs" and which is registered and sanctioned by:
(a) United States Amateur Boxing, Inc.;
(b) Washington Interscholastic Activities Association;
(c) National Collegiate Athletic Association;
(d) Amateur Athletic Union;
(e) Golden Gloves of America;
(f) United Full Contact Federation;
(g) Any similar organization recognized by the department as exclusively or primarily dedicated to advancing the
sport of amateur boxing, kickboxing, or martial arts, as those
sports are defined in this section; or
(h) Local affiliate of any organization identified in this
subsection.
(19) "Elimination tournament" means any contest in
which contestants compete in a series of matches until not
more than one contestant remains in any weight category.
The term does not include any event that complies with the
provisions of RCW 67.08.015(2) (a) or (b). [2004 c 149 § 1;
2002 c 147 § 1; 1999 c 282 § 2; 1997 c 205 § 1; 1993 c 278 §
8; 1989 c 127 § 1.]
Effective date—2004 c 149: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2004]." [2004 c 149 § 3.]
Effective date—2002 c 147: "This act takes effect January 1, 2003."
[2002 c 147 § 4.]
67.08.007
67.08.007 Officers, employees, inspectors. The
department may employ and fix the compensation of such
officers, employees, and inspectors as may be necessary to
administer the provisions of this chapter as amended. [1993
c 278 § 9; 1959 c 305 § 2; 1933 c 184 § 4; RRS § 8276-4. Formerly RCW 43.48.040.]
67.08.010
67.08.010 Licenses for boxing, martial arts, and
wrestling events—Telecasts. The department shall have
power to issue and take disciplinary action as provided in
RCW 18.235.130 against a license to conduct, hold, or pro(2006 Ed.)
Boxing, Martial Arts, and Wrestling
mote boxing, martial arts, or wrestling events or closed circuit telecasts of these events as provided in this chapter and
chapter 18.235 RCW under such terms and conditions and at
such times and places as the department may determine.
[2002 c 86 § 305; 1997 c 205 § 2; 1993 c 278 § 10; 1989 c 127
§ 13; 1975-’76 2nd ex.s. c 48 § 2; 1933 c 184 § 7; RRS §
8276-7. Prior: 1909 c 249 § 304; 1890 p 109 § 1; 1886 p 82
§ 1.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.015 Duties of department—Exemptions—
Rules. (1) In the interest of ensuring the safety and welfare
of the participants, the department shall have power and it
shall be its duty to direct, supervise, and control all boxing,
martial arts, and wrestling events conducted within this state
and an event may not be held in this state except in accordance with the provisions of this chapter. The department
may, in its discretion, issue and for cause, which includes
concern for the safety and welfare of the participants, take
any of the actions specified in RCW 18.235.110 against a
license to promote, conduct, or hold boxing, kickboxing,
martial arts, or wrestling events where an admission fee is
charged by any person, club, corporation, organization, association, or fraternal society.
(2) All boxing, kickboxing, martial arts, or wrestling
events that:
(a) Are conducted by any common school, college, or
university, whether public or private, or by the official student association thereof, whether on or off the school, college, or university grounds, where all the participating contestants are bona fide students enrolled in any common
school, college, or university, within or without this state; or
(b) Are entirely amateur events as defined in RCW
67.08.002(18) and promoted on a nonprofit basis or for charitable purposes;
are not subject to the licensing provisions of this chapter. A
boxing, martial arts, kickboxing, or wrestling event may not
be conducted within the state except under a license issued in
accordance with this chapter and the rules of the department
except as provided in this section.
(3) The director shall prohibit events unless all of the
contestants are licensed or otherwise exempt from licensure
as provided under this chapter.
(4) No amateur or professional no holds barred fighting
or combative fighting type of contest, exhibition, match, or
similar type of event, nor any elimination tournament, may
be held in this state. Any person promoting such an event is
guilty of a class C felony. Additionally, the director may
apply to a superior court for an injunction against any and all
promoters of a contest, and may request that the court seize
all money and assets relating to the competition. [2004 c 149
§ 2; 2002 c 86 § 306; 2000 c 151 § 2; 1999 c 282 § 3; 1997 c
205 § 3; 1993 c 278 § 12; 1989 c 127 § 14; 1977 c 9 § 2.
Prior: 1975-’76 2nd ex.s. c 48 § 3; 1975 c 1 § 1; 1973 c 53 §
1; 1951 c 48 § 2.]
67.08.015
Effective date—2004 c 149: See note following RCW 67.08.002.
Effective dates—2002 c 86: See note following RCW 18.08.340.
67.08.050
67.08.017 Director—Powers. In addition to the powers described in RCW 18.235.030 and 18.235.040, the director or the director’s designee has the following authority in
administering this chapter:
(1) Adopt, amend, and rescind rules as deemed necessary
to carry out this chapter;
(2) Adopt standards of professional conduct or practice;
(3) Enter into an assurance of discontinuance in lieu of
issuing a statement of charges or conducting a hearing. The
assurance shall consist of a statement of the law in question
and an agreement not to violate the stated provision. The
applicant or license holder shall not be required to admit to
any violation of the law, and the assurance shall not be construed as such an admission. Violation of an assurance under
this subsection is grounds for disciplinary action; and
(4) Establish and assess fines for violations of this chapter that may be subject to payment from a contestant’s purse.
[2002 c 86 § 307; 1997 c 205 § 4; 1993 c 278 § 11.]
67.08.017
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.030 Promoters—Bond—Medical insurance.
(1) Every promoter, as a condition for receiving a license,
shall file with the department a surety bond in an amount to
be determined by the department, but not less than ten thousand dollars, to cover all of the event locations applied for
within the state during the license period, conditioned upon
the faithful performance by such licensee of the provisions of
this chapter, the payment of the taxes, officials, and contracts
as provided for herein and the observance of all rules of the
department.
(2) Boxing promoters must obtain medical insurance in
an amount set by the director, but not less than fifty thousand
dollars, to cover any injuries incurred by participants at the
time of each event held in this state and provide proof of
insurance to the department seventy-two hours before each
event. The evidence of insurance must specify, at a minimum, the name of the insurance company, the insurance policy number, the effective date of the coverage, and evidence
that each participant is covered by the insurance. The promoter must pay any deductible associated with the insurance
policy.
(3) In lieu of the insurance requirement of subsection (2)
of this section, a promoter of the boxing event who so
chooses may, as a condition for receiving a license under this
chapter, file proof of medical insurance coverage that is in
effect for the entire term of the licensing period.
(4) The department shall cancel a boxing event if the
promoter fails to provide proof of medical insurance within
the proper time frame. [1997 c 205 § 5; 1993 c 278 § 13;
1989 c 127 § 6; 1933 c 184 § 9; RRS § 8276-9.]
67.08.030
67.08.040 Issuance of license. Upon the approval by
the department of any application for a license, as hereinabove provided, and the filing of the bond the department
shall forthwith issue such license. [1993 c 278 § 14; 1975’76 2nd ex.s. c 48 § 4; 1933 c 184 § 10; RRS § 8276-10.]
67.08.040
67.08.050 Statement and report of event—Tax on
gross receipts—Complimentary tickets. (1) Any promoter
67.08.050
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
(2006 Ed.)
[Title 67 RCW—page 5]
67.08.055
Title 67 RCW: Sports and Recreation—Convention Facilities
shall within seven days prior to the holding of any event file
with the department a statement setting forth the name of
each licensee who is a potential participant, his or her manager or managers, and such other information as the department may require. Participant changes regarding a wrestling
event may be allowed after notice to the department, if the
new participant holds a valid license under this chapter. The
department may stop any wrestling event in which a participant is not licensed under this chapter.
(2) Upon the termination of any event the promoter shall
file with the designated department representative a written
report, duly verified as the department may require showing
the number of tickets sold for the event, the price charged for
the tickets and the gross proceeds thereof, and such other and
further information as the department may require. The promoter shall pay to the department at the time of filing the
report under this section a tax equal to five percent of such
gross receipts. However, the tax may not be less than twentyfive dollars. The five percent of such gross receipts shall be
immediately paid by the department into the state general
fund.
(3) A complimentary ticket may not have a face value of
less than the least expensive ticket available for sale to the
general public. The number of untaxed complimentary tickets shall be limited to ten percent of the total tickets sold per
event location, not to exceed one thousand tickets. All complimentary tickets exceeding this exemption shall be subject
to taxation. [2000 c 151 § 1; 1999 c 282 § 4; 1997 c 205 § 6;
1993 c 278 § 15; 1989 c 127 § 7; 1933 c 184 § 11; RRS §
8276-11. FORMER PART OF SECTION: 1939 c 54 § 1;
RRS § 8276-11a, now footnoted below.]
Emergency—Effective date—1939 c 54: "That this act is necessary
for the immediate support of the state government and its existing public
institutions and shall take effect April 1, 1939." [1939 c 54 § 6; no RRS.]
It shall be their duty to see that all rules of the department and
the provisions of this chapter are strictly complied with and to
be present at the accounting of the gross receipts of any event,
and such inspector is authorized to receive from the licensee
conducting the event the statement of receipts herein provided for and to immediately transmit such reports to the
department. Each inspector shall receive a fee and travel
expenses from the promoter to be set by the director for each
event officially attended. [1997 c 205 § 7; 1993 c 278 § 17;
1989 c 127 § 16; 1988 c 19 § 2; 1975-’76 2nd ex.s. c 34 §
154; 1959 c 305 § 4; 1933 c 184 § 12; RRS § 8276-12.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
67.08.080
67.08.080 Rounds and bouts limited—Weight of
gloves—Rules. A boxing event held in this state may not be
for more than ten rounds and no one round of any bout shall
be scheduled for longer than three minutes and there shall be
not less than one minute intermission between each round. In
the event of bouts involving state, regional, national, or world
championships the department may grant an extension of no
more than two additional rounds to allow total bouts of
twelve rounds. A contestant in any boxing event under this
chapter may not be permitted to wear gloves weighing less
than eight ounces. The director shall adopt rules to assure
clean and sportsmanlike conduct on the part of all contestants
and officials, and the orderly and proper conduct of the event
in all respects, and to otherwise make rules consistent with
this chapter, but such rules shall apply only to events held
under the provisions of this chapter. The director may adopt
rules with respect to round and bout limitations and clean and
sportsmanlike conduct for kickboxing, martial arts, or wrestling events. [1999 c 282 § 5; 1997 c 205 § 8; 1993 c 278 §
18; 1989 c 127 § 8; 1974 ex.s. c 45 § 1; 1959 c 305 § 5; 1933
c 184 § 14; RRS § 8276-14.]
67.08.055
67.08.055 Simultaneous or closed circuit telecasts—
Report—Tax on gross receipts. Every licensee who
charges and receives an admission fee for exhibiting a simultaneous telecast of any live, current, or spontaneous boxing
or sparring match, or wrestling exhibition or show on a
closed circuit telecast viewed within this state shall, within
seventy-two hours after such event, furnish to the department
a verified written report on a form which is supplied by the
department showing the number of tickets issued or sold, and
the gross receipts therefor without any deductions whatsoever. Such licensee shall also, at the same time, pay to the
department a tax equal to five percent of such gross receipts
paid for admission to the showing of the contest, match or
exhibition. In no event, however, shall the tax be less than
twenty-five dollars. The tax shall apply uniformly at the same
rate to all persons subject to the tax. Such receipts shall be
immediately paid by the department into the general fund of
the state. [1993 c 278 § 16; 1989 c 127 § 15; 1975-’76 2nd
ex.s. c 48 § 5.]
67.08.060
67.08.060 Inspectors—Duties—Fee and travel
expenses for attending events. The department may appoint
official inspectors at least one of which, in the absence of a
member of the department, shall be present at any event held
under the provisions of this chapter. Such inspectors shall
carry a card signed by the director evidencing their authority.
[Title 67 RCW—page 6]
67.08.090
67.08.090 Physician’s attendance—Examination of
contestants—Urinalysis. (1) Each contestant for boxing,
kickboxing, or martial arts events shall be examined within
twenty-four hours before the contest by an event physician
licensed by the department. The event physician shall report
in writing and over his or her signature before the event the
physical condition of each and every contestant to the inspector present at such contest. No contestant whose physical
condition is not approved by the event physician shall be permitted to participate in any event. Blank forms for event physicians’ reports shall be provided by the department and all
questions upon such blanks shall be answered in full. The
event physician shall be paid a fee and travel expenses by the
promoter.
(2) The department may require that an event physician
be present at a wrestling event. The promoter shall pay the
event physician present at a wrestling event. A boxing, kickboxing, or martial arts event may not be held unless an event
physician licensed by the department is present throughout
the event. In addition to the event physician, a chiropractor
may be included as a licensed official at a boxing, kickboxing, or martial arts event. The promoter shall pay the chiropractor present at a boxing, kickboxing, or martial arts event.
(3) Any physician licensed under RCW 67.08.100 may
be selected by the department as the event physician. The
(2006 Ed.)
Boxing, Martial Arts, and Wrestling
event physician present at any contest shall have authority to
stop any event when in the event physician’s opinion it would
be dangerous to a contestant to continue, and in such event it
shall be the event physician’s duty to stop the event.
(4) The department may have a participant in a wrestling
event examined by an event physician licensed by the department prior to the event. A participant in a wrestling event
whose condition is not approved by the event physician shall
not be permitted to participate in the event.
(5) Each contestant for boxing, kickboxing, martial arts,
or wrestling events may be subject to a random urinalysis or
chemical test within twenty-four hours before or after a contest. In addition to the unprofessional conduct specified in
RCW 18.235.130, an applicant or licensee who refuses or
fails to submit to the urinalysis or chemical test is subject to
disciplinary action under RCW 18.235.110. If the urinalysis
or chemical test is positive for substances prohibited by rules
adopted by the director, the applicant or licensee has engaged
in unprofessional conduct and disciplinary action may be
taken under RCW 18.235.110. [2002 c 147 § 2; 2002 c 86 §
308; 1999 c 282 § 6; 1997 c 205 § 9; 1993 c 278 § 19; 1989 c
127 § 9; 1933 c 184 § 15; RRS § 8276-15.]
Reviser’s note: This section was amended by 2002 c 86 § 308 and by
2002 c 147 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 147: See note following RCW 67.08.002.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.100
67.08.100 Annual licenses—Fees—Qualifications—
Revocation—Exceptions. (1) The department upon receipt
of a properly completed application and payment of a nonrefundable fee, may grant an annual license to an applicant for
the following: (a) Promoter; (b) manager; (c) boxer; (d) second; (e) wrestling participant; (f) inspector; (g) judge; (h)
timekeeper; (i) announcer; (j) event physician; (k) chiropractor; (l) referee; (m) matchmaker; (n) kickboxer; and (o) martial arts participant.
(2) The application for the following types of licenses
shall include a physical performed by a physician, as defined
in RCW 67.08.002, which was performed by the physician
with a time period preceding the application as specified by
rule: (a) Boxer; (b) wrestling participant; (c) kickboxer; (d)
martial arts participant; and (e) referee.
(3) An applicant for the following types of licenses for
the sports of boxing, kickboxing, and martial arts shall provide annual proof of certification as having adequate experience, skill, and training from an organization approved by the
department, including, but not limited to, the association of
boxing commissions, the international boxing federation, the
international boxing organization, the Washington state association of professional ring officials, the world boxing association, the world boxing council, or the world boxing organization for boxing officials, and the united full contact federation for kickboxing and martial arts officials: (a) Judge; (b)
referee; (c) inspector; (d) timekeeper; or (e) other officials
deemed necessary by the department.
(4) No person shall participate or serve in any of the
above capacities unless licensed as provided in this chapter.
(2006 Ed.)
67.08.110
(5) The referees, judges, timekeepers, event physicians,
chiropractors, and inspectors for any boxing, kickboxing, or
martial arts event shall be designated by the department from
among licensed officials.
(6) The referee for any wrestling event shall be provided
by the promoter and shall be licensed as a wrestling participant.
(7) The department shall immediately suspend the
license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a
support order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the
department’s receipt of a release issued by the department of
social and health services stating that the licensee is in compliance with the order.
(8) A person may not be issued a license if the person has
an unpaid fine outstanding to the department.
(9) A person may not be issued a license unless they are
at least eighteen years of age.
(10) This section shall not apply to contestants or participants in events at which only amateurs are engaged in contests and/or fraternal organizations and/or veterans’ organizations chartered by congress or the defense department or any
recognized amateur sanctioning body recognized by the
department, holding and promoting athletic events and where
all funds are used primarily for the benefit of their members.
Upon request of the department, a promoter, contestant, or
participant shall provide sufficient information to reasonably
determine whether this chapter applies. [2002 c 147 § 3;
2002 c 86 § 309; 2001 c 246 § 1; 1999 c 282 § 7. Prior: 1997
c 205 § 10; 1997 c 58 § 864; 1993 c 278 § 20; 1989 c 127 §
10; 1959 c 305 § 6; 1933 c 184 § 16; RRS § 8276-16.
FORMER PART OF SECTION: 1933 c 184 § 20, part; RRS
§ 8276-20, part, now codified in RCW 67.08.025.]
Reviser’s note: This section was amended by 2002 c 86 § 309 and by
2002 c 147 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 147: See note following RCW 67.08.002.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
67.08.105
67.08.105 License and renewal fees. The department
shall set license and renewal fees by rule, but the fees collected do not have to offset the cost of the program as
required under RCW 43.24.086. [1999 c 282 § 1.]
67.08.110 Unprofessional conduct—Sham or fake
event. (1) Any person or any member of any group of persons or corporation promoting boxing events who shall participate directly or indirectly in the purse or fee of any manager of any boxers or any boxer and any licensee who shall
conduct or participate in any sham or fake boxing event has
67.08.110
[Title 67 RCW—page 7]
67.08.130
Title 67 RCW: Sports and Recreation—Convention Facilities
engaged in unprofessional conduct and is subject to the sanctions specified in RCW 18.235.110.
(2) A manager of any boxer, kickboxer, or martial arts
participant who allows any person or any group of persons or
corporation promoting boxing, kickboxing, or martial arts
events to participate directly or indirectly in the purse or fee,
or any boxer, kickboxer, or martial arts participant or other
licensee who conducts or participates in any sham or fake
boxing, kickboxing, or martial arts event has engaged in
unprofessional conduct and is subject to the sanctions specified in RCW 18.235.110. [2002 c 86 § 310; 1999 c 282 § 8;
1997 c 205 § 11; 1993 c 278 § 21; 1989 c 127 § 11; 1933 c
184 § 17; RRS § 8276-17.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
which no penalty is herein provided shall be guilty of a misdemeanor. [1933 c 184 § 24; RRS § 8276-24.]
67.08.160
67.08.160 Ambulance or paramedical unit at location. A promoter shall have an ambulance or paramedical
unit present at the event location. [1999 c 282 § 10; 1989 c
127 § 2.]
67.08.170
67.08.170 Security—Promoter’s responsibility. A
promoter shall ensure that adequate security personnel are in
attendance at a wrestling or boxing event to control fans in
attendance. The size of the security force shall be determined
by mutual agreement of the promoter, the person in charge of
operating the arena or other facility, and the department.
[1997 c 205 § 15; 1993 c 278 § 25; 1989 c 127 § 3.]
67.08.180
67.08.130
67.08.130 Failure to make report—Additional tax—
Hearing—Disciplinary action. Whenever any licensee
shall fail to make a report of any event within the time prescribed by this chapter or when such report is unsatisfactory
to the department, the director may examine the books and
records of such licensee; he or she may subpoena and examine under oath any officer of such licensee and such other
person or persons as he or she may deem necessary to a determination of the total gross receipts from any event and the
amount of tax thereon. If, upon the completion of such examination it shall be determined that an additional tax is due,
notice thereof shall be served upon the licensee, providing the
licensee with an opportunity to request a hearing under chapter 34.05 RCW. The failure to request a hearing within
twenty days of service of the notice constitutes a default,
whereupon the director will enter a decision on the facts
available. Failure to pay such additional tax within twenty
days after service of a final order constitutes unprofessional
conduct and the licensee may be subject to disciplinary action
against its license and shall be disqualified from receiving
any new license. [2002 c 86 § 311; 1997 c 205 § 13; 1993 c
278 § 23; 1933 c 184 § 19; RRS § 8276-19.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.140
67.08.140 Penalty for conducting events without
license—Penalty. Any person, club, corporation, organization, association, fraternal society, participant, or promoter
conducting or participating in boxing or wrestling events
within this state without having first obtained a license therefor in the manner provided by this chapter is in violation of
this chapter and shall be guilty of a misdemeanor excepting
the events excluded from the operation of this chapter by
RCW 67.08.015. [2002 c 86 § 312; 1997 c 205 § 14; 1993 c
278 § 24; 1989 c 127 § 17; 1988 c 19 § 3; 1959 c 305 § 7;
1951 c 48 § 1; 1933 c 184 § 22; RRS § 8276-22.]
67.08.180 Unprofessional conduct—Prohibited acts.
In addition to the unprofessional conduct specified in RCW
18.235.130, the following conduct, acts, or conditions constitute unprofessional conduct for which disciplinary action
may be taken:
(1) Destruction of any ticket or ticket stub, whether sold
or unsold, within three months after the date of any event, by
any promoter or person associated with or employed by any
promoter.
(2) The deliberate cutting of himself or herself or other
self mutilation by a wrestling participant while participating
in a wrestling event.
(3) A conviction under chapter 69.50 RCW.
(4) Testing positive for illegal use of a controlled substance as defined in RCW 69.50.101.
(5) The striking of any person that is not a licensed participant at a wrestling event. [2002 c 86 § 313; 1997 c 205 §
16; 1989 c 127 § 4.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.200
67.08.200 Unprofessional conduct—Written complaint—Investigation—Immunity of complainant. A person, including but not limited to a consumer, licensee, corporation, organization, and state and local governmental
agency, may submit a written complaint to the department
charging a license holder or applicant with unprofessional
conduct and specifying the grounds for the complaint. If the
department determines that the complaint merits investigation or if the department has reason to believe, without a formal complaint, that a license holder or applicant may have
engaged in unprofessional conduct, the department shall
investigate to determine whether there has been unprofessional conduct. A person who files a complaint under this
section in good faith is immune from suit in any civil action
related to the filing or contents of the complaint. [1997 c 205
§ 17.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.150
67.08.150 General penalty. Any person, firm or corporation violating any of the provisions of this chapter for
[Title 67 RCW—page 8]
67.08.220
67.08.220 Unprofessional conduct—Order upon
finding—Penalties—Costs. Upon a finding that a license
holder or applicant has committed unprofessional conduct the
director may issue an order providing for one or any combination of the following:
(2006 Ed.)
Boxing, Martial Arts, and Wrestling
(1) Revocation of the license;
(2) Suspension of the license for a fixed or indefinite
term;
(3) Requiring the satisfactory completion of a specific
program of remedial education;
(4) Compliance with conditions of probation for a designated period of time;
(5) Payment of a fine not to exceed five hundred dollars
for each violation of this chapter;
(6) Denial of the license request;
(7) Corrective action, including paying contestants the
contracted purse or compensation; or
(8) Refund of fees billed to and collected from the consumer.
Any of the actions under this section may be totally or
partly stayed by the director. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant. [1997 c 205 § 19.]
67.08.240
67.08.240 Unprofessional conduct—What constitutes. The following conduct, acts, or conditions constitute
unprofessional conduct for a license holder or applicant
under this chapter:
(1) Conviction of a gross misdemeanor, felony, or the
commission of an act involving moral turpitude, dishonesty,
or corruption whether the act constitutes a crime or not. If the
act constitutes a crime, conviction in a criminal proceeding is
not a condition precedent to disciplinary action. Upon such a
conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt
of the license holder or applicant of the crime described in the
indictment or information, and of the person’s violation of
the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of
guilty or nolo contendere is the basis for the conviction and
all proceedings in which the sentence has been deferred or
suspended. This section does not abrogate rights guaranteed
under chapter 9.96 RCW;
(2) Misrepresentation or concealment of a material fact
in obtaining a license or in reinstatement of a license;
(3) Advertising that is false, fraudulent, or misleading;
(4) Incompetence or negligence that results in injury to a
person or that creates an unreasonable risk that a person may
be harmed;
(5) Suspension, revocation, or restriction of a license to
act as a professional athletic licensee by competent authority
in a state, federal, or foreign jurisdiction, a certified copy of
the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;
(6) Violation of a statute or administrative rule regulating professional athletics;
(7) Failure to cooperate with the department’s investigations by:
(a) Not furnishing papers or documents;
(b) Not furnishing in writing a full and complete explanation regarding a matter under investigation by the department; or
(c) Not responding to subpoenas issued by the department, whether or not the recipient of the subpoena is the subject of the proceeding;
(2006 Ed.)
67.08.903
(8) Failure to comply with an order issued by the director
or an assurance of discontinuance entered into by the director;
(9) Aiding or abetting an unlicensed person to act in a
manner that requires a professional athletics licensee
[license];
(10) Misrepresentation or fraud in any aspect of the conduct of a professional athletics event; and
(11) Interference with an investigation or disciplinary
proceeding by willful misrepresentation of facts before the
department or by the use of threats or harassment against any
person to prevent them from providing evidence in a disciplinary proceeding or other legal action. [1997 c 205 § 21.]
67.08.300
67.08.300 Immunity of director and director’s
agents. The director or individuals acting on the director’s
behalf are immune from suit in an action, civil or criminal,
based on official acts performed in the course of their duties
in the administration and enforcement of this chapter. [2002
c 86 § 314; 1997 c 205 § 24.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.310
67.08.310 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 315.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
67.08.900
67.08.900 Severability—1933 c 184. If any section or
provision of this chapter shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of this chapter as a whole, or any section, provision or part
thereof not adjudged invalid or unconstitutional. [1933 c 184
§ 25; RRS § 8276-25.]
67.08.901
67.08.901 Severability—1993 c 278. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 278 § 27.]
67.08.902
67.08.902 Effective date—1993 c 278. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 278 § 28.]
67.08.903
67.08.903 Severability—1997 c 205. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1997 c 205 § 26.]
[Title 67 RCW—page 9]
Chapter 67.12
Title 67 RCW: Sports and Recreation—Convention Facilities
Chapter 67.12 RCW
DANCING, BILLIARDS, POOL, AND BOWLING
Chapter 67.12
Sections
67.12.021
67.12.110
Licenses for public dances and public recreational or entertainment activities—Fees.
License required for rural pool halls, billiard halls, and bowling alleys.
Regulations of places of amusement by cities and towns, see under applicable class of city or town: Title 35 RCW and RCW 35A.11.020.
tions have been codified as RCW 36.71.070 and 36.71.080. As to the sections relating to intoxicating liquors, it seems clear that this field has been
preempted by the state; see RCW 66.08.120. For a later enactment concerning the licensing of rural pool halls, billiard halls, and bowling alleys, see
RCW 67.12.110.
Alcoholic beverage control: Title 66 RCW.
67.14.010
67.14.010 Hawkers and auctioneers must procure
license—Exceptions. See RCW 36.71.070.
67.14.020
67.12.021 Licenses for public dances and public recreational or entertainment activities—Fees. Counties are
authorized to adopt ordinances to license and regulate public
dances and other public recreational or entertainment activities in the unincorporated areas of the county whether or not
held inside or outside of a building and whether or not admission charges are imposed.
License fees may be adequate to finance the costs of
issuing the license and enforcing the regulations, including
related law enforcement activities. [1987 c 250 § 1.]
67.12.021
67.12.110 License required for rural pool halls, billiard halls, and bowling alleys. The county legislative
authority of each county in the state of Washington shall have
sole and exclusive authority and power to regulate, restrain,
license, or prohibit the maintenance or running of pool halls,
billiard halls, and bowling alleys outside of the incorporated
limits of each incorporated city, town, or village in their
respective counties: PROVIDED, That the annual license fee
for maintenance or running such pool halls, billiard halls, and
bowling alleys shall be fixed in accordance with RCW
36.32.120(3), and which license fee shall be paid annually in
advance to the appropriate county official: PROVIDED
FURTHER, That nothing herein or elsewhere shall be so construed as to prevent the county legislative authority from
revoking any license at any time prior to the expiration
thereof for any cause by such county legislative authority
deemed proper. And if said county legislative authority
revokes said license it shall refund the unearned portion of
such license. [1985 c 91 § 10; 1909 c 112 § 1; RRS § 8289.]
67.14.020 Sale or other disposition of liquor—
County license—Penalty. If any person shall sell or dispose
of any spirituous, malt, or fermented liquors or wines, in any
quantity less than one gallon, without first obtaining a license
therefor as hereinafter provided, such person shall, for each
and every such offense, be liable to a fine of not less than five
nor more than fifty dollars, with costs of prosecution. [1873
p 437 § 2; Code 1881, Bagley’s Supp. p 26 § 2.]
67.14.030
67.14.030 Hawkers and auctioneers—Issuance of
license. See RCW 36.71.080.
67.12.110
Licensing under 1873 act: Chapter 67.14 RCW.
Chapter 67.14 RCW
BILLIARD TABLES, BOWLING ALLEYS, AND
MISCELLANEOUS GAMES—1873 ACT
Chapter 67.14
Sections
67.14.010
67.14.020
67.14.030
67.14.040
67.14.050
67.14.060
67.14.070
67.14.080
67.14.090
67.14.100
67.14.110
67.14.120
Hawkers and auctioneers must procure license—Exceptions.
Sale or other disposition of liquor—County license—Penalty.
Hawkers and auctioneers—Issuance of license.
Retail liquor license.
Wholesale liquor license—Billiard table, bowling alley
licenses.
Liquor sales, keeping games, without license—Penalty.
Purchase of license—Bond.
Duration of license.
Issuance of license.
When contrivance deemed kept for hire.
Druggists excepted.
Disposition of fees, fines, and forfeitures.
Reviser’s note: The territorial act codified in this chapter, though for
the most part obsolete, has never been expressly repealed. "An Act in relation to licenses," it empowers the county commissioners to license hawkers
and auctioneers, persons dealing in intoxicating liquors, and persons conducting bowling alleys, billiard tables and other games. The auctioneer sec[Title 67 RCW—page 10]
67.14.040
67.14.040 Retail liquor license. The legislative authorities of each county, in their respective counties, shall have
the power to grant license to persons to keep drinking houses
or saloons therein, at which spirituous, malt, or fermented
liquors and wines may be sold in less quantities than one gallon; and such license shall be called a retail license upon the
payment, by the person applying for such license, of the sum
of three hundred dollars a year into the county treasury, and
the execution of a good and sufficient bond, executed to such
county in the sum of one thousand dollars, to be approved by
such legislative authority or the county auditor of the county
in which such license is granted, conditioned that he will
keep such drinking saloon or house in a quiet, peaceable, and
orderly manner: PROVIDED, The foregoing shall not be so
construed as to prevent the legislative authority of any county
from granting licenses to drinking saloons or houses therein,
when there is but little business doing, for less than three hundred dollars, but in no case for less than one hundred dollars
per annum: AND PROVIDED FURTHER, That such license
shall be used only in the precinct to which it shall be granted;
PROVIDED FURTHER, that no license shall be used in
more than one place at the same time. AND FURTHER
PROVIDED, That no license shall be granted to any person
to retail spirituous liquors until he shall furnish to the legislative authority satisfactory proof that he is a person of good
moral character. [1973 1st ex.s. c 154 § 100; 1875 p 124 § 1;
1873 p 438 § 4; Code 1881, Bagley’s Supp. p 26 § 4.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
67.14.050
67.14.050 Wholesale liquor license—Billiard table,
bowling alley licenses. Said county commissioners in their
respective counties shall also have power to grant licenses to
sell spirituous liquors and wines therein in greater quantities
than one gallon, to be called a wholesale license upon payment of the sum of not to exceed one hundred dollars per
annum into the county treasury by such person so desiring
such license; also, upon payment of not to exceed a like sum
into the county treasury by any person desiring a grocery
license to sell lager beer to grant such person such license to
(2006 Ed.)
Horse Racing
sell for the period of one year. Also, upon the payment of
such sum as the county commissioners may establish and fix,
by order duly entered in the record of their proceedings, not
exceeding twenty-five dollars per annum for each billiard
table, pigeon-hole table, or bowling alley, grant a license to
any person applying for the same and giving such bond not
exceeding two hundred dollars, as such commissioners may
require: PROVIDED, No person shall be required to take out
any license to sell any wine made from fruit produced by
such person’s own labor, in this territory. [1873 p 438 § 5;
Code 1881, Bagley’s Supp. p 27 § 5.]
License required for rural pool halls, billiard halls and bowling alleys:
RCW 67.12.110.
67.14.060
67.14.060 Liquor sales, keeping games, without
license—Penalty. Any person who shall sell spirituous
liquors or wines in greater quantities than one gallon, or shall
retail lager beer, or keep a billiard table or tables, or bowling
alley or alleys for hire, in any county in this territory, without
first taking out a license therefor, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined in
any sum not exceeding fifty dollars nor less than five dollars,
and shall be committed to the county jail of the county where
such offense may be committed, and be placed at hard labor
until such fine and cost shall be paid or they may otherwise be
discharged by due course of law. [1873 p 439 § 6; Code
1881, Bagley’s Supp. p 27 § 6; RRS § 8290. Formerly RCW
67.12.120.]
67.14.070
67.14.070 Purchase of license—Bond. Any person
desiring a license to do any business provided by this chapter
that a license shall be taken out for doing, shall have the same
granted by paying to the county treasurer of the county where
he wishes to carry on such business the maximum sum that
the county commissioners are by this chapter authorized to
fix therefor, and executing such bond, to be approved by the
county auditor, as is provided in this chapter, shall be given
before license shall issue for carrying on such business.
[1873 p 439 § 7; Code 1881, Bagley’s Supp. p 27 § 7.]
67.14.080
67.14.080 Duration of license. The licenses authorized
to be granted by this chapter shall at the option of the person
applying for the same, be granted for six, nine, or twelve
months, and the person holding such license may transact the
business thereby authorized at any place in the county where
such license is granted: PROVIDED, That such business
shall not be transacted in but one place in the county at a time.
[1873 p 439 § 8; Code 1881, Bagley’s Supp. p 27 § 8.]
the treasurer’s certificate would entitle the person so presenting the same to have a license issued for. [1873 p 439 § 9;
Code 1881, Bagley’s Supp. p 27 § 9.]
67.14.100 When contrivance deemed kept for hire.
Any person who shall keep a billiard table or tables, pigeonhole, Jenny Lind, and all other gaming tables, or bowling
alley or bowling alleys in a drinking saloon or house or in a
room or building adjoining or attached thereto, and shall
allow the same to be used by two or more persons to determine by play thereon which of the persons so playing shall
pay for drinks, cigars, or other articles for sale in such saloon
or drinking house, shall, within the meaning of this chapter,
be deemed to be keeping the same for hire. [1873 p 440 § 10;
Code 1881, Bagley’s Supp. p 28 § 10; RRS § 8291. Formerly
RCW 67.12.130.]
67.14.100
67.14.110 Druggists excepted. None of the provisions
of this chapter shall be held to apply to the sale by apothecaries or druggists of spirituous, malt, or fermented liquors or
wines for medicinal purposes, upon the prescription of a
practicing physician. [1873 p 440 § 11; Code 1881, Bagley’s
Supp. p 28 § 11.]
67.14.110
67.14.120 Disposition of fees, fines, and forfeitures.
All fines and forfeitures collected under this chapter, and all
moneys paid into the treasury of any county for licenses as
aforesaid, shall be applied to school or county purposes as the
local laws of such county may direct: PROVIDED, That this
chapter shall not affect or apply to any private or local laws
upon the subject of license in any county in this territory
except King county, and no license shall be construed to
mean more than the house or saloon kept by the same party or
parties: PROVIDED, FURTHER, That no part of this chapter shall in any way apply to the county of Island: AND
PROVIDED, FURTHER, That all moneys for licenses within
the corporate limits of the town of Olympia shall be paid
directly into the town treasury of said town as a municipal
fund for the use of said town: AND PROVIDED FURTHER,
That all fees, fines, forfeitures and penalties collected or
assessed by a district court because of the violation of a state
law shall be remitted as provided in chapter 3.62 RCW as
now exists or is later amended. [1987 c 202 § 226; 1969 ex.s.
c 199 § 29; 1873 p 440 § 12; Code 1881, Bagley’s Supp. p 28
§ 12.]
67.14.120
Intent—1987 c 202: See note following RCW 2.04.190.
Collection and disposition of fines and costs: Chapter 10.82 RCW.
Chapter 67.16
67.14.090
67.14.090 Issuance of license. Upon presentation to the
county auditor of any county of the certificate of the county
treasurer that any person has paid into the county treasury the
amount provided by this chapter, to be paid for the transaction of any business that a license may be granted to transact,
and for the time provided in this chapter, and upon the execution and delivery to such auditor of the bond hereinbefore
required, it shall be the duty of such county auditor to issue
such license to such person so presenting such certificate,
executing and delivering such bond and making application
therefor, for the period of time that the money as shown by
(2006 Ed.)
Chapter 67.16
Chapter 67.16 RCW
HORSE RACING
Sections
67.16.010
67.16.012
67.16.014
67.16.015
67.16.017
67.16.020
67.16.040
Definitions.
Washington horse racing commission—Creation—Terms—
Vacancies—Bonds—Oaths.
Washington horse racing commission—Ex officio nonvoting
members.
Washington horse racing commission—Organization—Secretary—Records—Annual reports.
Washington horse racing commission—Compensation and
travel expenses.
Duties of commission—Race meet license—Suspension.
Commission to regulate and license meets—Inspection.
[Title 67 RCW—page 11]
67.16.010
67.16.045
67.16.050
67.16.060
67.16.065
67.16.070
67.16.075
67.16.080
67.16.090
67.16.100
67.16.101
67.16.102
67.16.105
67.16.110
67.16.130
67.16.140
67.16.150
67.16.160
67.16.170
67.16.175
67.16.200
67.16.230
67.16.251
67.16.260
67.16.270
67.16.275
67.16.280
67.16.285
67.16.300
67.16.900
Title 67 RCW: Sports and Recreation—Convention Facilities
Criminal history records—Dissemination.
Application for meet—Issuance of license—Fee—Cancellation, grounds, procedure.
Prohibited practices—Parimutuel system permitted—Race
meet as public nuisance.
Use of public assistance electronic benefit cards prohibited—
Licensee to report violations.
Races for local breeders.
Breeder’s awards and owner’s bonuses—Eligibility—Certification.
Horses to be registered.
Races not limited to horses of same breed.
Disposition of fees—"Fair fund."
Legislative finding—Responsibilities of horse racing commission—Availability of interest on one percent of gross
receipts to support nonprofit race meets.
Withholding of additional one percent of gross receipts—Payment to owners—Interest payment on one percent and
amount retained by commission—Reimbursement for new
racetracks.
Gross receipts—Commission’s percentage—Distributions.
Broadcasting and motion picture rights reserved.
Nonprofit race meets—Licensing—Fees.
Employees of commission—Employment restriction.
Employees of commission—Commissioners—Financial interest restrictions.
Rules implementing conflict of interest laws—Wagers by
commissioner.
Gross receipts—Retention of percentage by licensees.
Exotic wagers—Retention of percentage by race meets.
Parimutuel wagering at satellite locations—Simulcasts.
Satellite locations—Fees.
Handicapping contests.
Advance deposit wagering.
Violation of commission rules—Penalties.
Washington horse racing commission Washington bred owners’ bonus fund account.
Washington horse racing commission operating account.
Washington horse racing commission class C purse fund
account.
Industrial insurance premium assessments.
Severability—General repealer—1933 c 55.
67.16.012
67.16.012 Washington horse racing commission—
Creation—Terms—Vacancies—Bonds—Oaths. There is
hereby created the Washington horse racing commission, to
consist of five commissioners, appointed by the governor and
confirmed by the senate. The commissioners shall be citizens, residents, and qualified electors of the state of Washington, one of whom shall be a breeder of race horses and
shall be of at least one year’s standing. The terms of the members shall be six years. Each member shall hold office until
his or her successor is appointed and qualified. Vacancies in
the office of commissioner shall be filled by appointment to
be made by the governor for the unexpired term. Any commissioner may be removed at any time at the pleasure of the
governor. Before entering upon the duties of his or her office,
each commissioner shall enter into a surety company bond, to
be approved by the governor and attorney general, payable to
the state of Washington, in the penal sum of five thousand
dollars, conditioned upon the faithful performance of his or
her duties and the correct accounting and payment of all sums
received and coming within his or her control under this
chapter, and in addition thereto each commissioner shall take
and subscribe to an oath of office of the same form as that
prescribed by law for elective state officers. [1998 c 345 § 4;
1987 c 453 § 2; 1973 1st ex.s. c 216 § 1; 1969 ex.s. c 233 § 1;
1933 c 55 § 2; RRS § 8312-2. Formerly RCW 43.50.010.]
Severability—Effective date—Contingent effective date—1998 c
345: See notes following RCW 15.04.090.
Severability—1933 c 55: "In case any part or portion of this act shall
be held unconstitutional, such holding shall not affect the validity of this act
as a whole or any other part or portion of this act not adjudged unconstitutional. All acts in conflict herewith are hereby repealed." [1933 c 55 § 10.]
67.16.014
Agister and trainer liens: Chapter 60.56 RCW.
Crimes and punishments—Gambling: Chapters 9.46 and 9.47 RCW.
Exemptions to commission merchant’s act: RCW 20.01.030.
Pathological gamblers, information for: RCW 9.46.071.
67.16.010
67.16.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Commission" shall mean the Washington horse racing commission, hereinafter created.
(2) "Parimutuel machine" shall mean and include both
machines at the track and machines at the satellite locations,
that record parimutuel bets and compute the payoff.
(3) "Person" shall mean and include individuals, firms,
corporations and associations.
(4) "Race meet" shall mean and include any exhibition of
thoroughbred, quarter horse, paint horse, appaloosa horse
racing, arabian horse racing, or standard bred harness horse
racing, where the parimutuel system is used. [2004 c 246 § 5;
1991 c 270 § 1; 1985 c 146 § 1; 1982 c 132 § 1; 1969 c 22 §
1; 1949 c 236 § 1; 1933 c 55 § 1; Rem. Supp. 1949 § 8312-1.]
Effective date—2004 c 246: See note following RCW 67.16.270.
Severability—1985 c 146: "If any provisions or application of any provisions of this chapter are invalidated by a court of law, the remainder of the
chapter shall not be affected." [1985 c 146 § 15.]
Severability—1982 c 132: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 132 § 6.]
[Title 67 RCW—page 12]
67.16.014 Washington horse racing commission—Ex
officio nonvoting members. In addition to the commission
members appointed under RCW 67.16.012, there shall be
four ex officio nonvoting members consisting of: (1) Two
members of the senate, one from the majority political party
and one from the minority political party, both to be
appointed by the president of the senate; and (2) two members of the house of representatives, one from the majority
political party and one from the minority political party, both
to be appointed by the speaker of the house of representatives. The appointments shall be for the term of two years or
for the period in which the appointee serves as a legislator,
whichever expires first. Members may be reappointed, and
vacancies shall be filled in the same manner as original
appointments are made. The ex officio members shall assist
in the policy making, rather than administrative, functions of
the commission, and shall collect data deemed essential to
future legislative proposals and exchange information with
the commission. The ex officio members shall be deemed
engaged in legislative business while in attendance upon the
business of the commission and shall be limited to such
allowances therefor as otherwise provided in RCW
44.04.120, the same to be paid from the horse racing commission fund as being expenses relative to commission business.
[1991 c 270 § 2; 1987 c 453 § 3.]
67.16.015
67.16.015 Washington horse racing commission—
Organization—Secretary—Records—Annual reports.
The commission shall organize by electing one of its mem(2006 Ed.)
Horse Racing
bers chairman, and shall appoint and employ a secretary, and
such other clerical, office, and other help as is necessary in
the performance of the duties imposed upon it by this chapter.
The commission shall keep detailed records of all meetings
and of the business transacted therein, and of all the collections and disbursements. The commission shall prepare and
submit an annual report to the governor. All records of the
commission shall be public records and as such, subject to
public inspection. [1977 c 75 § 80; 1933 c 55 § 3; RRS §
8312-3. Formerly RCW 43.50.020.]
67.16.050
ment of noncompliance with a child support order, and suspension of a license under this subsection, and satisfies the
requirements of RCW 34.05.422. [2000 c 86 § 5; 1989 c 385
§ 5; 1985 c 146 § 2; 1982 c 32 § 1; 1933 c 55 § 4; RRS §
8312-4. Formerly RCW 67.16.020 and 67.16.030.]
Severability—1985 c 146: See note following RCW 67.16.010.
Severability—1982 c 32: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 32 § 6.]
67.16.040
67.16.017
67.16.017 Washington horse racing commission—
Compensation and travel expenses. Each member of the
Washington horse racing commission shall be compensated
in accordance with RCW 43.03.250 and shall be reimbursed
for travel expenses in accordance with RCW 43.03.050 and
43.03.060 in going to, attending, and returning from meetings
of the commission, and travel expenses incurred in the discharge of such duties as may be requested of him by a majority vote of the commission, but in no event shall a commissioner be paid in any one fiscal year in excess of one hundred
twenty days, except the chairman of the commission who
may be paid for not more than one hundred fifty days. [1984
c 287 § 100; 1975-’76 2nd ex.s. c 34 § 155; 1969 ex.s. c 233
§ 2.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
67.16.020
67.16.020 Duties of commission—Race meet
license—Suspension. (1) It shall be the duty of the commission, as soon as it is possible after its organization, to prepare
and promulgate a complete set of rules and regulations to
govern the race meets in this state. It shall determine and
announce the place, time and duration of race meets for
which license fees are exacted; and it shall be the duty of each
person holding a license under the authority of this chapter,
and every owner, trainer, jockey, and attendant at any race
course in this state, to comply with all rules and regulations
promulgated and all orders issued by the commission. It shall
be unlawful for any person to hold any race meet without
having first obtained and having in force and effect a license
issued by the commission as in this chapter provided; and it
shall be unlawful for any owner, trainer or jockey to participate in race meets in this state without first securing a license
therefor from the state racing commission, the fee for which
shall be set by the commission which shall offset the cost of
administration and shall not be for a period exceeding one
year.
(2) The commission shall immediately suspend the
license of a person who has been certified under RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order. If
the person has continued to meet all other requirements for a
license under this chapter during the suspension, reissuance
of the license shall be automatic upon the department’s
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the support order. The procedure in RCW 74.20A.320 is the
exclusive administrative remedy for contesting the establish(2006 Ed.)
67.16.040 Commission to regulate and license
meets—Inspection. The commission created by this chapter
is hereby authorized, and it shall be its duty, to license, regulate and supervise all race meets held in this state under the
terms of this chapter, and to cause the various race courses of
the state to be visited and inspected at least once a year.
[1933 c 55 § 5; RRS § 8312-5.]
67.16.045
67.16.045 Criminal history records—Dissemination.
The commission is authorized to receive criminal history
record information that includes nonconviction data for any
purpose associated with the investigation for suitability for
involvement in horse racing activities authorized under this
chapter. Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited.
[2000 c 204 § 1.]
67.16.050
67.16.050 Application for meet—Issuance of
license—Fee—Cancellation, grounds, procedure. Every
person making application for license to hold a race meet,
under the provisions of this chapter shall file an application
with the commission which shall set forth the time, the place,
the number of days such meet will continue, and such other
information as the commission may require. The commission
shall be the sole judge of whether or not the race meet shall
be licensed and the number of days the meet shall continue.
No person who has been convicted of any crime involving
moral turpitude shall be issued a license, nor shall any license
be issued to any person who has violated the terms or provisions of this chapter, or any of the rules and regulations of the
commission made pursuant thereto, or who has failed to pay
to the commission any or all sums required under the provisions of this chapter. The license shall specify the number of
days the race meet shall continue and the number of races per
day, which shall include not less than six nor more than
eleven live races per day, and for which a fee shall be paid
daily in advance of five hundred dollars for each live race day
for those licensees which had gross receipts from parimutuel
machines in excess of fifty million dollars in the previous
year and two hundred dollars for each day for meets which
had gross receipts from parimutuel machines at or below fifty
million dollars in the previous year; in addition any newly
authorized live race meets shall pay two hundred dollars per
day for the first year: PROVIDED, That if unforeseen obstacles arise, which prevent the holding, or completion of any
race meet, the license fee for the meet, or for a portion which
cannot be held may be refunded the licensee, if the commission deems the reasons for failure to hold or complete the
race meet sufficient. Any unexpired license held by any person who violates any of the provisions of this chapter, or any
[Title 67 RCW—page 13]
67.16.060
Title 67 RCW: Sports and Recreation—Convention Facilities
of the rules or regulations of the commission made pursuant
thereto, or who fails to pay to the commission any and all
sums required under the provisions of this chapter, shall be
subject to cancellation and revocation by the commission.
Such cancellation shall be made only after a summary hearing before the commission, of which three days’ notice, in
writing, shall be given the licensee, specifying the grounds
for the proposed cancellation, and at which hearing the licensee shall be given an opportunity to be heard in opposition
to the proposed cancellation. [1997 c 87 § 2; 1985 c 146 § 3;
1982 c 32 § 2; 1973 1st ex.s. c 39 § 1; 1933 c 55 § 6; RRS §
8312-6.]
Findings—Purpose—Report by joint legislative audit and review
committee—Severability—Effective date—1997 c 87: See notes following RCW 67.16.200.
Severability—1985 c 146: See note following RCW 67.16.010.
Severability—1982 c 32: See note following RCW 67.16.020.
67.16.060
67.16.060 Prohibited practices—Parimutuel system
permitted—Race meet as public nuisance. (1) It shall be
unlawful:
(a) To conduct pool selling, bookmaking, or to circulate
hand books; or
(b) To bet or wager on any horse race other than by the
parimutuel method; or
(c) For any licensee to take more than the percentage
provided in RCW 67.16.170 and 67.16.175; or
(d) For any licensee to compute breaks in the parimutuel
system otherwise than at ten cents.
(2) Any willful violation of the terms of this chapter, or
of any rule, regulation, or order of the commission shall constitute a gross misdemeanor and when such violation is by a
person holding a license under this chapter, the commission
may cancel the license held by the offender, and such cancellation shall operate as a forfeiture of all rights and privileges
granted by the commission and of all sums of money paid to
the commission by the offender; and the action of the commission in that respect shall be final.
(3) The commission shall have power to exclude from
any and all race courses of the state of Washington any person whom the commission deems detrimental to the best
interests of racing or any person who willfully violates any of
the provisions of this chapter or of any rule, regulation, or
order issued by the commission.
(4) Every race meet held in this state contrary to the provisions of this chapter is hereby declared to be a public nuisance. [1991 c 270 § 3; 1985 c 146 § 4; 1979 c 31 § 1; 1933
c 55 § 7; RRS § 8312-7.]
Severability—1985 c 146: See note following RCW 67.16.010.
Gambling: Chapters 9.46 and 9.47 RCW.
67.16.065
67.16.065 Use of public assistance electronic benefit
cards prohibited—Licensee to report violations. (1) Any
licensee authorized under this chapter is prohibited from
allowing the use of public assistance electronic benefit cards
for the purpose of parimutuel wagering authorized under this
chapter.
(2) Any licensee authorized under this chapter shall
report to the department of social and health services any
known violations of RCW 74.08.580. [2002 c 252 § 4.]
[Title 67 RCW—page 14]
67.16.070
67.16.070 Races for local breeders. For the purpose of
encouraging the breeding, within this state, of valuable thoroughbred, quarter and/or standard bred race horses, at least
one race of each day’s meet shall consist exclusively of
Washington bred horses. [1949 c 236 § 2; 1933 c 55 § 8;
Rem. Supp. 1949 § 8312-8.]
67.16.075
67.16.075 Breeder’s awards and owner’s bonuses—
Eligibility—Certification. Only breeders or owners of
Washington-bred horses are eligible to demand and receive a
breeder’s award, an owner’s bonus or both. The commission
shall promulgate rules and regulations to certify Washingtonbred horses. In setting standards to certify horses as Washington-bred, the commission shall seek the advice of and consult
with industry, including (1) the Washington Horse Breeders’
Association, for thoroughbreds; (2) the Washington State
Standardbred Association, for standardbred harness horses;
(3) the Northern Racing Quarter Horse Association, for quarter horses; (4) the Washington State Appaloosa Racing Association, for appaloosas; and (5) the Washington State Arabian
Horse Racing Association, for arabian horses. [1985 c 146 §
13.]
Severability—1985 c 146: See note following RCW 67.16.010.
67.16.080
67.16.080 Horses to be registered. A quarter horse to
be eligible for a race meet herein shall be duly registered with
the American Quarter Horse Association. An appaloosa
horse to be eligible for a race meet herein shall be duly registered with the National Appaloosa Horse Club or any successor thereto. An arabian horse to be eligible for a race meet
herein shall be duly registered with the Arabian Horse Registry of America, or any successor thereto. [1982 c 132 § 2;
1969 c 22 § 2; 1949 c 236 § 3; Rem. Supp. 1949 § 8312-13.]
Severability—1982 c 132: See note following RCW 67.16.010.
67.16.090
67.16.090 Races not limited to horses of same breed.
In any race meet in which quarter horses, thoroughbred
horses, appaloosa horses, standard bred harness horses, paint
horses, or arabian horses participate horses of different
breeds may be allowed to compete in the same race if such
mixed races are so designated in the racing conditions. [1985
c 146 § 5; 1982 c 132 § 3; 1969 c 22 § 3; 1949 c 236 § 4; Rem.
Supp. 1949 § 8312-14.]
Severability—1985 c 146: See note following RCW 67.16.010.
Severability—1982 c 132: See note following RCW 67.16.010.
67.16.100
67.16.100 Disposition of fees—"Fair fund." (1) All
sums paid to the commission under this chapter, including
those sums collected for license fees and excluding those
sums collected under RCW 67.16.102 and 67.16.105(3),
shall be disposed of by the commission as follows: One hundred percent thereof shall be retained by the commission for
the payment of the salaries of its members, secretary, clerical,
office, and other help and all expenses incurred in carrying
out the provisions of this chapter. No salary, wages,
expenses, or compensation of any kind shall be paid by the
state in connection with the work of the commission.
(2) Any moneys collected or paid to the commission
under the terms of this chapter and not expended at the close
of the fiscal biennium shall be paid to the state treasurer and
(2006 Ed.)
Horse Racing
be placed in the fair fund created in RCW 15.76.115. The
commission may, with the approval of the office of financial
management, retain any sum required for working capital.
[1998 c 345 § 5; 1995 c 399 § 166; 1991 c 270 § 4. Prior:
1985 c 466 § 67; 1985 c 146 § 6; 1980 c 16 § 1; prior: 1979
c 151 § 169; 1979 c 31 § 2; 1977 c 75 § 81; 1965 c 148 § 7;
1955 c 106 § 5; 1947 c 34 § 2; 1941 c 48 § 4; 1935 c 182 §
30; 1933 c 55 § 9; Rem. Supp. 1947 § 8312-9.]
Severability—Effective date—Contingent effective date—1998 c
345: See notes following RCW 15.04.090.
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
Severability—1985 c 146: See note following RCW 67.16.010.
State international trade fairs: RCW 43.31.800 through 43.31.850.
Transfer of surplus funds in state trade fair fund to general fund: RCW
43.31.832 through 43.31.834.
67.16.101
67.16.101 Legislative finding—Responsibilities of
horse racing commission—Availability of interest on one
percent of gross receipts to support nonprofit race meets.
The legislature finds that:
(1) A primary responsibility of the horse racing commission is the encouragement of the training and development of
the equine industry in the state of Washington whether the
result of this training and development results in legalized
horse racing or in the recreational use of horses;
(2) The horse racing commission has a further major
responsibility to assure that any facility used as a race course
should be maintained and upgraded to insure the continued
safety of both the public and the horse at any time the facility
is used for the training or contesting of these animals;
(3) Nonprofit race meets within the state have difficulty
in obtaining sufficient funds to provide the maintenance and
upgrading necessary to assure this safety at these facilities, or
to permit frequent use of these facilities by 4-H children or
other horse owners involved in training; and
(4) The one percent of the parimutuel machine gross
receipts used to pay a special purse to the licensed owners of
Washington bred horses is available for the purpose of drawing interest, thereby obtaining funds to be disbursed to
achieve the necessary support to these nonprofit race meets.
[2006 c 174 § 2; 1977 ex.s. c 372 § 1.]
Severability—1977 ex.s. c 372: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 372 § 3.]
67.16.102
67.16.102 Withholding of additional one percent of
gross receipts—Payment to owners—Interest payment on
one percent and amount retained by commission—Reimbursement for new racetracks. (1) Notwithstanding any
other provision of chapter 67.16 RCW to the contrary the licensee shall withhold and shall pay daily to the commission, in
addition to the percentages authorized by RCW 67.16.105,
one percent of the gross receipts of all parimutuel machines at
each race meet which sums shall, at the end of each meet, be
paid by the commission to the licensed owners of those
horses finishing first, second, third and fourth Washington
bred only at each meet from which the additional one percent
is derived in accordance with an equitable distribution formula to be promulgated by the commission prior to the com(2006 Ed.)
67.16.105
mencement of each race meet: PROVIDED, That nothing in
this section shall apply to race meets which are nonprofit in
nature, are of ten days or less, and have an average daily handle of less than one hundred twenty thousand dollars.
(2) The additional one percent specified in subsection (1)
of this section shall be deposited by the commission in the
Washington horse racing commission Washington bred owners’ bonus fund account created in RCW 67.16.275. The
interest derived from this account shall be distributed annually on an equal basis to those race courses at which independent race meets are held which are nonprofit in nature and are
of ten days or less. Prior to receiving a payment under this
subsection any new race course shall meet the qualifications
set forth in this section for a period of two years. All funds
distributed under this subsection shall be used for the purpose
of maintaining and upgrading the respective racing courses
and equine quartering areas of said nonprofit meets.
(3) The commission shall not permit the licensees to take
into consideration the benefits derived from this section in
establishing purses.
(4) The commission is authorized to pay at the end of the
calendar year one-half of the one percent collected from a
new licensee under subsection (1) of this section for reimbursement of capital construction of that new licensee’s new
race track for a period of fifteen years. This reimbursement
does not include interest earned on that one-half of one percent and such interest shall continue to be collected and disbursed as provided in RCW 67.16.101 and subsection (1) of
this section. [2004 c 246 § 6; 2001 c 53 § 1; 1991 c 270 § 5;
1982 c 132 § 5; 1979 c 31 § 3; 1977 ex.s. c 372 § 2; 1969 ex.s.
c 233 § 3.]
Effective date—2004 c 246: See note following RCW 67.16.270.
Severability—1982 c 132: See note following RCW 67.16.010.
Severability—1977 ex.s. c 372: See note following RCW 67.16.101.
67.16.105
67.16.105 Gross receipts—Commission’s percentage—Distributions. (1) Licensees of race meets that are
nonprofit in nature and are of ten days or less shall be exempt
from payment of a parimutuel tax.
(2) Licensees that do not fall under subsection (1) of this
section shall withhold and pay to the commission daily for
each authorized day of parimutuel wagering the following
applicable percentage of all daily gross receipts from its instate parimutuel machines:
(a) If the gross receipts of all its in-state parimutuel
machines are more than fifty million dollars in the previous
calendar year, the licensee shall withhold and pay to the commission daily 1.30 percent of the daily gross receipts; and
(b) If the gross receipts of all its in-state parimutuel
machines are fifty million dollars or less in the previous calendar year, the licensee shall withhold and pay to the commission daily 1.803 percent of the daily gross receipts.
(3) In addition to those amounts in subsection (2) of this
section, a licensee shall forward one-tenth of one percent of
the daily gross receipts of all its in-state parimutuel machines
to the commission for payment to those nonprofit race meets
as set forth in RCW 67.16.130 and subsection (1) of this section, but said percentage shall not be charged against the licensee. Payments to nonprofit race meets under this subsection shall be distributed on a pro rata per-race-day basis and
[Title 67 RCW—page 15]
67.16.110
Title 67 RCW: Sports and Recreation—Convention Facilities
used only for purses at race tracks that have been operating
under RCW 67.16.130 and subsection (1) of this section for
the five consecutive years immediately preceding the year of
payment. The commission shall transfer funds generated
under subsection (2) of this section equal to the difference
between:
(a)(i) Funds collected under this subsection (3);
(ii) Interest earned from the Washington horse racing
commission operating account created in RCW 67.16.280;
and
(iii) Fines imposed by the board of stewards in a calendar
year; and
(b) Three hundred thousand dollars;
and distribute that amount under this subsection (3).
(4) Beginning July 1, 1999, at the conclusion of each
authorized race meet, the commission shall calculate the
mathematical average daily gross receipts of parimutuel
wagering that is conducted only at the physical location of the
live race meet at those race meets of licensees with gross
receipts of all their in-state parimutuel machines of more than
fifty million dollars. Such calculation shall include only the
gross parimutuel receipts from wagering occurring on live
racing dates, including live racing receipts and receipts
derived from one simulcast race card that is conducted only at
the physical location of the live racing meet, which, for the
purposes of this subsection, is "the handle." If the calculation
exceeds eight hundred eighty-six thousand dollars, the licensee shall within ten days of receipt of written notification
by the commission forward to the commission a sum equal to
the product obtained by multiplying 0.6 percent by the handle. Sums collected by the commission under this subsection
shall be forwarded on the next business day following receipt
thereof to the state treasurer to be deposited in the fair fund
created in RCW 15.76.115. [2004 c 246 § 7; 2003 1st sp.s. c
27 § 1; 1998 c 345 § 6; 1997 c 87 § 3; 1995 c 173 § 2; 1994 c
159 § 2; 1993 c 170 § 2; 1991 c 270 § 6; 1987 c 347 § 4; 1985
c 146 § 7; 1982 c 32 § 3; 1979 c 31 § 6.]
Effective date—2004 c 246: See note following RCW 67.16.270.
Effective date—2003 1st sp.s. c 27: "This act takes effect January 1,
2004." [2003 1st sp.s. c 27 § 2.]
Severability—Effective date—Contingent effective date—1998 c
345: See notes following RCW 15.04.090.
Findings—Purpose—Report by joint legislative audit and review
committee—Severability—Effective date—1997 c 87: See notes following RCW 67.16.200.
Intent—1995 c 173: "It is the intent of the legislature that one-half of
the money being paid into the Washington thoroughbred racing fund continue to be directed to enhanced purses, and that one-half of the money being
paid into the fund continue to be deposited into an escrow or trust account
and used for the construction of a new thoroughbred racing facility in western Washington." [1995 c 173 § 1.]
Effective date—1995 c 173: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 1, 1995]." [1995 c 173 § 3.]
Intent—1994 c 159: "It is the intent of the legislature to terminate payments into the Washington thoroughbred racing fund from licensees of nonprofit race meets from March 30, 1994, until June 1, 1995, and to provide
that one-half of moneys that otherwise would have been paid into the fund be
directed to enhanced purses and one-half of moneys be deposited in an
escrow or trust account and used solely for construction of a new thoroughbred race track facility in western Washington." [1994 c 159 § 1.]
Effective date—1994 c 159: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[Title 67 RCW—page 16]
ernment and its existing public institutions, and shall take effect immediately
[March 30, 1994]." [1994 c 159 § 4.]
Intent—1993 c 170: "It is the intent of the legislature that one-half of
those moneys that would otherwise have been paid into the Washington thoroughbred racing fund be retained for the purpose of enhancing purses,
excluding stakes purses, until that time as a permanent thoroughbred racing
facility is built and operating in western Washington. It is recognized by the
Washington legislature that the enhancement in purses provided in this legislation will not directly benefit all race tracks in Washington. It is the legislature’s intent that the horse racing commission work with the horse racing
community to ensure that this opportunity for increased purses will not inadvertently injure horse racing at tracks not directly benefiting from this legislation." [1993 c 170 § 1.]
Effective date—1993 c 170: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 30, 1993]." [1993 c 170 § 3.]
Severability—1985 c 146: See note following RCW 67.16.010.
Severability—1982 c 32: See note following RCW 67.16.020.
67.16.110
67.16.110 Broadcasting and motion picture rights
reserved. All radio broadcasting rights, and motion picture
rights in connection with meets licensed hereunder are
reserved to the state and the commission shall lease or license
same only to the highest bidder. The exercise of such rights
shall at all times be under the supervision of the commission.
[1980 c 32 § 10; 1933 c 55 § 11; RRS § 8312-11.]
67.16.130
67.16.130 Nonprofit race meets—Licensing—Fees.
(1) Notwithstanding any other provision of law or of chapter
67.16 RCW, the commission may license race meets which
are nonprofit in nature, of ten days or less, and which have an
average daily handle of one hundred twenty thousand dollars
or less, at a daily licensing fee of ten dollars, and the sponsoring nonprofit association shall be exempt from any other fees
as provided for in chapter 67.16 RCW or by rule or regulation
of the commission: PROVIDED, That the commission may
deny the application for a license to conduct a racing meet by
a nonprofit association, if same shall be determined not to be
a nonprofit association by the Washington state racing commission.
(2) Notwithstanding any other provision of law or of
chapter 67.16 RCW or any rule promulgated by the commission, no license for a race meet which is nonprofit in nature,
of ten days or less, and which has an average daily handle of
one hundred twenty thousand dollars or less, shall be denied
for the reason that the applicant has not installed an electric
parimutuel tote board.
(3) As a condition to the reduction in fees as provided for
in subsection (1) of this section, all fees charged to horse
owners, trainers, or jockeys, or any other fee charged for a
permit incident to the running of such race meet shall be
retained by the commission as reimbursement for its
expenses incurred in connection with the particular race
meet. [1991 c 270 § 7; 1985 c 146 § 8; 1982 c 32 § 4; 1979 c
31 § 4; 1969 ex.s. c 94 § 2.]
Severability—1985 c 146: See note following RCW 67.16.010.
Severability—1982 c 32: See note following RCW 67.16.020.
Effective date—1969 ex.s. c 94: "This 1969 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and
shall take effect May 1, 1969." [1969 ex.s. c 94 § 3.]
(2006 Ed.)
Horse Racing
67.16.140
67.16.140 Employees of commission—Employment
restriction. No employee of the horse racing commission
shall serve as an employee of any track at which that individual will also serve as an employee of the commission. [1973
1st ex.s. c 216 § 3.]
67.16.150
67.16.150 Employees of commission—Commissioners—Financial interest restrictions. No employee nor any
commissioner of the horse racing commission shall have any
financial interest whatsoever, other than an ownership interest in a community venture, in any track at which said
employee serves as an agent or employee of the commission
or at any track with respect to a commissioner. [1973 1st
ex.s. c 216 § 4.]
67.16.160
67.16.160 Rules implementing conflict of interest
laws—Wagers by commissioner. No later than ninety days
after July 16, 1973, the horse racing commission shall adopt,
pursuant to chapter 34.05 RCW, reasonable rules implementing to the extent applicable to the circumstances of the horse
racing commission the conflict of interest laws of the state of
Washington as set forth in chapter 42.52 RCW. In no case
may a commissioner make any wager on the outcome of a
horse race at a race meet conducted under the authority of the
commission. [2004 c 274 § 3; 1994 c 154 § 314; 1973 1st
ex.s. c 216 § 5.]
Effective date—2004 c 274: See note following RCW 67.16.160.
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
67.16.170
67.16.170 Gross receipts—Retention of percentage
by licensees. (1) Licensees of race meets that are nonprofit
in nature and are of ten days or less may retain daily for each
authorized day of racing fifteen percent of daily gross
receipts of all parimutuel machines at each race meet.
(2) Licensees of race meets that do not fall under subsection (1) of this section may retain daily for each authorized
day of parimutuel wagering the following percentages from
the daily gross receipts of all its in-state parimutuel
machines:
(a) If the daily gross receipts of all its in-state parimutuel
machines are more than fifty million dollars in the previous
calendar year, the licensee may retain daily 13.70 percent of
the daily gross receipts; and
(b) If the daily gross receipts of all its in-state parimutuel
machines are fifty million dollars or less in the previous calendar year, the licensee may retain daily 14.48 percent of the
daily gross receipts. [1998 c 345 § 7; 1991 c 270 § 8; 1987 c
347 § 2; 1985 c 146 § 9; 1983 c 228 § 1; 1979 c 31 § 5.]
Severability—Effective date—Contingent effective date—1998 c
345: See notes following RCW 15.04.090.
Severability—1985 c 146: See note following RCW 67.16.010.
67.16.175
67.16.175 Exotic wagers—Retention of percentage
by race meets. (1) In addition to the amounts authorized to
be retained in RCW 67.16.170, race meets may retain daily
for each authorized day of racing an additional six percent of
the daily gross receipts of all parimutuel machines from
exotic wagers at each race meet.
(2006 Ed.)
67.16.200
(2) Of the amounts retained in subsection (1) of this section, one-sixth shall be used for Washington-bred breeder
awards.
(3) Of the amounts retained for breeder awards under
subsection (2) of this section, twenty-five percent shall be
retained by a new licensee for reimbursement of capital construction of the new licensee’s new race track for a period of
fifteen years.
(4) As used in this section, "exotic wagers" means any
multiple wager. Exotic wagers are subject to approval of the
commission. [2001 c 53 § 2; 1991 c 270 § 9. Prior: 1987 c
453 § 1; 1987 c 347 § 3; 1986 c 43 § 1; 1985 c 146 § 10; 1981
c 135 § 1.]
Severability—1985 c 146: See note following RCW 67.16.010.
Severability—1981 c 135: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 135 § 2.]
67.16.200
67.16.200 Parimutuel wagering at satellite locations—Simulcasts. (1) A class 1 racing association licensed
by the commission to conduct a race meet may seek approval
from the commission to conduct parimutuel wagering at a
satellite location or locations within the state of Washington.
In order to participate in parimutuel wagering at a satellite
location or locations within the state of Washington, the
holder of a class 1 racing association license must have conducted at least one full live racing season. All class 1 racing
associations must hold a live race meet within each succeeding twelve-month period to maintain eligibility to continue to
participate in parimutuel wagering at a satellite location or
locations. The sale of parimutuel pools at satellite locations
shall be conducted simultaneous to all parimutuel wagering
activity conducted at the licensee’s live racing facility in the
state of Washington. The commission’s authority to approve
satellite wagering at a particular location is subject to the following limitations:
(a) The commission may approve only one satellite location in each county in the state; however, the commission
may grant approval for more than one licensee to conduct
wagering at each satellite location. A satellite location shall
not be operated within twenty driving miles of any class 1
racing facility. For the purposes of this section, "driving
miles" means miles measured by the most direct route as
determined by the commission; and
(b) A licensee shall not conduct satellite wagering at any
satellite location within sixty driving miles of any other racing facility conducting a live race meet.
(2) Subject to local zoning and other land use ordinances,
the commission shall be the sole judge of whether approval to
conduct wagering at a satellite location shall be granted.
(3) The licensee shall combine the parimutuel pools of
the satellite location with those of the racing facility for the
purpose of determining odds and computing payoffs. The
amount wagered at the satellite location shall be combined
with the amount wagered at the racing facility for the application of take out formulas and distribution as provided in
RCW 67.16.102, 67.16.105, 67.16.170, and 67.16.175. A
satellite extension of the licensee’s racing facility shall be
subject to the same application of the rules of racing as the
licensee’s racing facility.
[Title 67 RCW—page 17]
67.16.200
Title 67 RCW: Sports and Recreation—Convention Facilities
(4) Upon written application to the commission, a class 1
racing association may be authorized to transmit simulcasts
of live horse races conducted at its racetrack to locations outside of the state of Washington approved by the commission
and in accordance with the interstate horse racing act of 1978
(15 U.S.C. Sec. 3001 to 3007) or any other applicable laws.
The commission may permit parimutuel pools on the simulcast races to be combined in a common pool. A racing association that transmits simulcasts of its races to locations outside this state shall pay at least fifty percent of the fee that it
receives for sale of the simulcast signal to the horsemen’s
purse account for its live races after first deducting the actual
cost of sending the signal out of state.
(5) Upon written application to the commission, a class 1
racing association may be authorized to transmit simulcasts
of live horse races conducted at its racetrack to licensed racing associations located within the state of Washington and
approved by the commission for the receipt of the simulcasts.
The commission shall permit parimutuel pools on the simulcast races to be combined in a common pool. The fee for instate, track-to-track simulcasts shall be five and one-half percent of the gross parimutuel receipts generated at the receiving location and payable to the sending racing association. A
racing association that transmits simulcasts of its races to
other licensed racing associations shall pay at least fifty percent of the fee that it receives for the simulcast signal to the
horsemen’s purse account for its live race meet after first
deducting the actual cost of sending the simulcast signal. A
racing association that receives races simulcast from class 1
racing associations within the state shall pay at least fifty percent of its share of the parimutuel receipts to the horsemen’s
purse account for its live race meet after first deducting the
purchase price and the actual direct costs of importing the
race.
(6) A class 1 racing association may be allowed to
import simulcasts of horse races from out-of-state racing
facilities. With the prior approval of the commission, the
class 1 racing association may participate in a multijurisdictional common pool and may change its commission and
breakage rates to achieve a common rate with other participants in the common pool.
(a) The class 1 racing association shall make written
application with the commission for permission to import
simulcast horse races for the purpose of parimutuel wagering.
Subject to the terms of this section, the commission is the sole
authority in determining whether to grant approval for an
imported simulcast race.
(b) When open for parimutuel wagering, a class 1 racing
association which imports simulcast races shall also conduct
simulcast parimutuel wagering within its licensed racing
enclosure on all races simulcast from other class 1 racing
associations within the state of Washington.
(c) On any imported simulcast race, the class 1 racing
association shall pay fifty percent of its share of the parimutuel receipts to the horsemen’s purse account for its live race
meet after first deducting the purchase price of the imported
race and the actual costs of importing and offering the race.
(7) For purposes of this section, a class 1 racing association is defined as a licensee approved by the commission to
conduct during each twelve-month period at least forty days
of live racing. If a live race day is canceled due to reasons
[Title 67 RCW—page 18]
directly attributable to acts of God, labor disruptions affecting live race days but not directly involving the licensee or its
employees, or other circumstances that the commission
decides are beyond the control of the class 1 racing association, then the canceled day counts toward the forty-day
requirement. The commission may by rule increase the number of live racing days required to maintain class 1 racing
association status or make other rules necessary to implement
this section.
(8) This section does not establish a new form of gaming
in Washington or allow expanded gaming within the state
beyond what has been previously authorized. Simulcast
wagering has been allowed in Washington before April 19,
1997. Therefore, this section does not allow gaming of any
nature or scope that was prohibited before April 19, 1997.
This section is necessary to protect the Washington equine
breeding and racing industries, and in particular those sectors
of these industries that are dependent upon live horse racing.
The purpose of this section is to protect these industries from
adverse economic impacts and to promote fan attendance at
class 1 racing facilities. Therefore, a licensed class 1 racing
association may be approved to disseminate imported simulcast race card programs to satellite locations approved under
this section, provided that the class 1 racing association has
conducted at least forty live racing days with an average ontrack handle on the live racing product of a minimum of one
hundred fifty thousand dollars per day during the twelve
months immediately preceding the application date. However, to promote the development of a new class 1 racing
association facility and to meet the best interests of the Washington equine breeding and racing industries, the commission
may by rule reduce the required minimum average on-track
handle on the live racing product from one hundred fifty
thousand dollars per day to thirty thousand dollars per day.
(9) A licensee conducting simulcasting under this section shall place signs in the licensee’s gambling establishment under RCW 9.46.071. The informational signs concerning problem and compulsive gambling must include a
toll-free telephone number for problem and *compulsive
gamblers and be developed under RCW 9.46.071.
(10) Chapter 10, Laws of 2001 1st sp. sess. does not
establish a new form of gaming in Washington or allow
expanded gaming within the state beyond what has been previously authorized. Simulcast wagering has been allowed in
Washington before August 23, 2001. Therefore, this section
does not allow gaming of any nature or scope that was prohibited before August 23, 2001. Chapter 10, Laws of 2001
1st sp. sess. is necessary to protect the Washington equine
breeding and racing industries, and in particular those sectors
of these industries that are dependent upon live horse racing.
The purpose of chapter 10, Laws of 2001 1st sp. sess. is to
protect these industries from adverse economic impacts and
to promote fan attendance at class 1 racing facilities. [2004 c
274 § 2; 2001 1st sp.s. c 10 § 2; 2000 c 223 § 1; 1997 c 87 §
4; 1991 c 270 § 10; 1987 c 347 § 1.]
*Reviser’s note: RCW 9.46.071 was amended by 2005 c 369 § 9,
changing the term "compulsive gambler" to "pathological gambler."
Effective date—2004 c 274: See note following RCW 67.16.260.
Finding—Purpose—2001 1st sp.s. c 10: "The legislature finds that
Washington’s equine racing industry creates economic, environmental, and
recreational impacts across the state affecting agriculture, horse breeding,
(2006 Ed.)
Horse Racing
the horse training industry, agricultural fairs and youth programs, and tourism and employment opportunities. The Washington equine industry has
incurred a financial decline coinciding with increased competition from the
gaming industry in the state and from the lack of a class 1 racing facility in
western Washington from 1993 through 1995. This act is necessary to preserve, restore, and revitalize the equine breeding and racing industries and to
preserve in Washington the economic and social impacts associated with
these industries. Preserving Washington’s equine breeding and racing industries, and in particular those sectors of the industries that are dependent upon
live horse racing, is in the public interest of the state. The purpose of this act
is to preserve Washington’s equine breeding and racing industries and to
protect these industries from adverse economic impacts. This act does not
establish a new form of gaming in Washington or allow expanded gaming
within the state beyond what has been previously authorized. Simulcast
wagering has been allowed in Washington before August 23, 2001. Therefore, this act does not allow gaming of any nature or scope that was prohibited before August 23, 2001." [2001 1st sp.s. c 10 § 1.]
Findings—Purpose—1997 c 87: "The legislature finds that Washington’s equine racing industry creates economic, environmental, and recreational impacts across the state affecting agriculture, horse breeding, the
horse training industry, agricultural fairs and youth programs, and tourism
and employment opportunities. The Washington equine industry has
incurred a financial decline coinciding with increased competition from the
gaming industry in the state and from the lack of a class 1 racing facility in
western Washington from 1993 through 1995. This act is necessary to preserve, restore, and revitalize the equine breeding and racing industries and to
preserve in Washington the economic and social impacts associated with
these industries. Preserving Washington’s equine breeding and racing industries, and in particular those sectors of the industries that are dependent upon
live horse racing, is in the public interest of the state. The purpose of this act
is to preserve Washington’s equine breeding and racing industries and to
protect these industries from adverse economic impacts. This act does not
establish a new form of gaming in Washington or allow expanded gaming
within the state beyond what has been previously authorized. Simulcast
wagering has been allowed in Washington before April 19, 1997. Therefore,
this act does not allow gaming of any nature or scope that was prohibited
before April 19, 1997." [1997 c 87 § 1.]
Report by joint legislative audit and review committee—1997 c 87:
"(1) The joint legislative audit and review committee shall conduct an evaluation to determine the extent to which this act has achieved the following
outcomes:
(a) The extent to which purses at Emerald Downs, Playfair, and
Yakima Meadows have increased as a result of the provisions of this act;
(b) The extent to which attendance at Emerald Downs, Playfair, and
Yakima Meadows has increased specifically as a result of the provisions of
this act;
(c) The extent to which the breeding of horses in this state has
increased specifically related to the provisions of this act;
(d) The extent to which the number of horses running at Emerald
Downs, Playfair, and Yakima Meadows has increased specifically as a result
of the provisions of this act;
(e) The extent to which nonprofit racetracks in this state have benefited
from this act including the removal of the cap on the nonprofit race meet
purse fund; and
(f) The extent to which Emerald Downs, Playfair, and Yakima Meadows are capable of remaining economically viable given the provisions of
this act and the increase in competition for gambling or entertainment dollars.
(2) The joint legislative audit and review committee may provide recommendations to the legislature concerning modifications that could be
made to existing state laws to improve the ability of this act to meet the
above intended goals.
(3) The joint legislative audit and review committee shall complete a
report on its finding by June 30, 2000. The report shall be provided to the
appropriate committees of the legislature by December 1, 2000." [1997 c 87
§ 5.]
Severability—1997 c 87: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1997 c 87 § 7.]
Effective date—1997 c 87: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 19, 1997]." [1997 c 87 § 8.]
(2006 Ed.)
67.16.260
67.16.230 Satellite locations—Fees. The commission
is authorized to establish and collect an annual fee for each
separate satellite location. The fee to be collected from the
licensee shall be set to reflect the commission’s expected
costs of approving, regulating, and monitoring each satellite
location, provided commission revenues generated under
RCW 67.16.105 from the licensee shall be credited annually
towards the licensee’s fee assessment under this section.
[1991 c 270 § 11; 1987 c 347 § 7.]
67.16.230
67.16.251 Handicapping contests. Class 1 racing associations may conduct horse race handicapping contests. The
commission shall establish rules for the conduct of handicapping contests involving the outcome of multiple horse races.
[2005 c 351 § 2.]
67.16.251
67.16.260 Advance deposit wagering. (Expires October 1, 2007.) (1) The horse racing commission may authorize
advance deposit wagering to be conducted by:
(a) A licensed class 1 racing association operating a live
horse racing facility; or
(b) The operator of an advance deposit wagering system
accepting wagers pursuant to an agreement with a licensed
class 1 racing association. The agreement between the operator and the class 1 racing association must be approved by
the commission.
(2) An entity authorized to conduct advance deposit
wagering under subsection (1) of this section:
(a) May accept advance deposit wagering for races conducted in this state under a class 1 license or races not conducted within this state on a schedule approved by the class 1
licensee. A system of advance deposit wagering located outside or within this state may not accept wagers from residents
or other individuals located within this state, and residents or
other individuals located within this state are prohibited from
placing wagers through advance deposit wagering systems,
except with an entity authorized to conduct advance deposit
wagering under subsection (1) of this section;
(b) May not accept an account wager in an amount in
excess of the funds on deposit in the advance deposit wagering account of the individual placing the wager;
(c) May not allow individuals under the age of twentyone to open, own, or have access to an advance deposit
wagering account;
(d) Must include a statement in all forms of advertising
for advance deposit wagering that individuals under the age
of twenty-one are not allowed to open, own, or have access to
an advance deposit wagering account; and
(e) Must verify the identification, residence, and age of
the advance deposit wagering account holder using methods
and technologies approved by the commission.
(3) As used in this section, "advance deposit wagering"
means a form of parimutuel wagering in which an individual
deposits money in an account with an entity authorized by the
commission to conduct advance deposit wagering and then
the account funds are used to pay for parimutuel wagers made
in person, by telephone, or through communication by other
electronic means.
(4) In order to participate in advance deposit wagering,
the holder of a class 1 racing association license must have
conducted at least one full live racing season. All class 1 rac67.16.260
[Title 67 RCW—page 19]
67.16.270
Title 67 RCW: Sports and Recreation—Convention Facilities
ing associations must complete a live race meet within each
succeeding twelve-month period to maintain eligibility to
continue participating in advance deposit wagering.
(5) When more than one class 1 racing association is participating in advance deposit wagering the moneys paid to the
racing associations shall be allocated proportionate to the
gross amount of all sources of parimutuel wagering during
each twelve-month period derived from the associations’ live
race meets. This percentage must be calculated annually.
Revenue derived from advance deposit wagers placed on
races conducted by the class 1 racing association shall all be
allocated to that association.
(6) The commission shall adopt rules regulating advance
deposit wagering.
(7) This section expires October 1, 2007. [2004 c 274 §
1.]
Effective date—2004 c 274: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 1, 2004]." [2004 c 274 § 4.]
67.16.270
67.16.270 Violation of commission rules—Penalties.
Upon making a determination that an individual or licensee
has violated a commission rule, the board of stewards may
assess a fine, suspend or revoke a person’s license, or any
combination of these penalties. The commission must adopt
by rule standard penalties for a rules violation. All fines collected must be deposited in the Washington horse racing
commission class C purse fund account, created in RCW
67.16.285, and used as authorized in RCW 67.16.105(3).
[2004 c 246 § 1.]
Effective date—2004 c 246: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 31, 2004]." [2004 c 246 § 9.]
67.16.275
67.16.275 Washington horse racing commission
Washington bred owners’ bonus fund account. The
Washington horse racing commission Washington bred owners’ bonus fund account is created in the custody of the state
treasurer. All receipts collected by the commission under
RCW 67.16.102(1) must be deposited into the account.
Expenditures from the account may be used only as authorized in RCW 67.16.102. Only the secretary of the commission or the secretary’s designee may authorize expenditures
from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2004 c 246 § 2.]
Effective date—2004 c 246: See note following RCW 67.16.270.
67.16.280
67.16.280 Washington horse racing commission
operating account. (1) The Washington horse racing commission operating account is created in the custody of the
state treasurer. All receipts collected by the commission
under RCW 67.16.105(2) must be deposited into the account.
Moneys in the account may be spent only after appropriation.
Except as provided in subsection (2) of this section, expenditures from the account may be used only for operating
expenses of the commission. Investment earnings from the
account must be distributed to the Washington horse racing
[Title 67 RCW—page 20]
commission class C purse fund account, created in RCW
67.16.285, pursuant to RCW 43.79A.040.
(2) In order to provide funding in support of the legislative findings in RCW 67.16.101 (1) through (3), and to provide additional necessary support to the nonprofit race meets
beyond the funding provided by RCW 67.16.101(4) and
67.16.102(2), the commission is authorized to spend up to
three hundred thousand dollars per fiscal year from its operating account for the purpose of developing the equine industry, maintaining and upgrading racing facilities, and assisting
equine health research. When determining how to allocate
the funds available for these purposes, the commission shall
give first consideration to uses that assist the nonprofit race
meets and equine health research. These expenditures may
occur only when sufficient funds remain for the continued
operations of the horse racing commission. [2006 c 174 § 1;
2004 c 246 § 3.]
Effective date—2004 c 246: See note following RCW 67.16.270.
67.16.285 Washington horse racing commission class
C purse fund account. The Washington horse racing commission class C purse fund account is created in the custody
of the state treasurer. All receipts from RCW 67.16.105(3)
must be deposited into the account. Expenditures from the
account may be used only for the purposes provided in RCW
67.16.105(3). Only the secretary of the commission or the
secretary’s designee may authorize expenditures from the
account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2004 c 246 § 4.]
67.16.285
Effective date—2004 c 246: See note following RCW 67.16.270.
67.16.300 Industrial insurance premium assessments. In addition to the license fees authorized by this
chapter, the commission shall collect the industrial insurance
premium assessments required under RCW 51.16.210 from
trainers, grooms, and owners. The industrial insurance premium assessments required under RCW 51.16.210 shall be
retroactive to January 1, 1989, and shall be collected from all
licensees whose licenses were issued after that date. The
commission shall deposit the industrial insurance premium
assessments in the industrial insurance trust fund as required
by rules adopted by the department of labor and industries.
[1989 c 385 § 2.]
67.16.300
67.16.900
67.16.900 Severability—General repealer—1933 c
55. In case any part or portion of this chapter shall be held
unconstitutional, such holding shall not affect the validity of
this chapter as a whole or any other part or portion of this
chapter not adjudged unconstitutional. All acts in conflict
herewith are hereby repealed. [1933 c 55 § 10; RRS § 831210.]
Chapter 67.17
Chapter 67.17 RCW
LIVE HORSE RACING COMPACT
Sections
67.17.005
67.17.010
67.17.020
67.17.030
Purpose.
Definitions.
Compact effective date.
Eligibility to enter compact.
(2006 Ed.)
Live Horse Racing Compact
67.17.040
67.17.050
67.17.060
67.17.070
67.17.080
67.17.090
67.17.100
67.17.110
67.17.120
67.17.130
67.17.900
Withdrawal from compact.
Creation of compact committee.
Compact committee powers and duties.
Compact committee voting requirements.
Compact committee governance.
Liability of compact committee employees or officials.
Conditions and terms for participating states.
Cooperation by governmental entities with compact committee.
Impact on horse racing commission.
Construction and severability of language.
Short title—2001 c 18.
67.17.060
any other state upon: (1) That state’s enactment of the compact; and (2) the affirmative vote of a majority of the officials
on the compact committee as provided in RCW 67.17.070.
[2001 c 18 § 3.]
67.17.030
67.17.030 Eligibility to enter compact. Any state that
has adopted or authorized horse racing with pari-mutuel
wagering is eligible to become party to the live horse racing
compact. [2001 c 18 § 4.]
67.17.005
67.17.005 Purpose. The purposes of the live horse racing compact are to:
(1) Establish uniform requirements among the party
states for the licensing of participants in live horse racing
with pari-mutuel wagering, and ensure that all such participants who are licensed pursuant to the compact meet a uniform minimum standard of honesty and integrity;
(2) Facilitate the growth of the horse racing industry in
each party state and nationwide by simplifying the process
for licensing participants in live racing, and reduce the duplicative and costly process of separate licensing by the regulatory agency in each state that conducts live horse racing with
pari-mutuel wagering;
(3) Authorize the Washington horse racing commission
to participate in the live horse racing compact;
(4) Provide for participation in the live horse racing compact by officials of the party states, and permit those officials,
through the compact committee established by this chapter,
to enter into contracts with governmental agencies and nongovernmental persons to carry out the purposes of the live
horse racing compact; and
(5) Establish the compact committee created by this
chapter as an interstate governmental entity duly authorized
to request and receive criminal history record information
from the federal bureau of investigation and other state and
local law enforcement agencies. [2001 c 18 § 1.]
67.17.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Compact committee" means the organization of
officials from the party states that is authorized and empowered by the live horse racing compact to carry out the purposes of the compact.
(2) "Official" means the appointed, elected, designated,
or otherwise duly selected member of a racing commission or
the equivalent thereof in a party state who represents that
party state as a member of the compact committee.
(3) "Participants in live racing" means participants in
live horse racing with pari-mutuel wagering in the party
states.
(4) "Party state" means each state that has enacted the
live horse racing compact.
(5) "State" means each of the several states of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, and each territory or possession of the United
States. [2001 c 18 § 2.]
67.17.010
67.17.020
67.17.020 Compact effective date. The live horse racing compact shall come into force when enacted by any four
states. Thereafter, the compact shall become effective as to
(2006 Ed.)
67.17.040
67.17.040 Withdrawal from compact. Any party state
may withdraw from the live horse racing compact by enacting a statute repealing the compact, but no such withdrawal is
effective until the head of the executive branch of the withdrawing state has given notice in writing of such withdrawal
to the head of the executive branch of all other party states. If,
as a result of withdrawals, participation in the compact
decreases to less than three party states, the compact no
longer shall be in force and effect unless and until there are at
least three or more party states again participating in the compact. [2001 c 18 § 5.]
67.17.050
67.17.050 Creation of compact committee. (1) There
is created an interstate governmental entity to be known as
the "compact committee" which shall be comprised of one
official from the racing commission or its equivalent in each
party state who shall be appointed, serve, and be subject to
removal in accordance with the laws of the party state he or
she represents. Under the laws of his or her party state, each
official shall have the assistance of his or her state’s racing
commission or the equivalent thereof in considering issues
related to licensing of participants in live racing and in fulfilling his or her responsibilities as the representative from his or
her state to the compact committee. If an official is unable to
perform any duty in connection with the powers and duties of
the compact committee, the racing commission or equivalent
thereof from his or her state shall designate another of its
members as an alternate who shall serve in his or her place
and represent the party state as its official on the compact
committee until that racing commission or equivalent thereof
determines that the original representative official is able
once again to perform his or her duties as that party state’s
representative official on the compact committee. The designation of an alternate shall be communicated by the affected
state’s racing commission or equivalent thereof to the compact committee as the committee’s bylaws may provide.
(2) The governor shall appoint the official to represent
the state of Washington on the compact committee for a term
of four years. No official may serve more than three consecutive terms. A vacancy shall be filled by the governor for the
unexpired term. [2001 c 18 § 6.]
67.17.060
67.17.060 Compact committee powers and duties. In
order to carry out the live horse racing compact, the compact
committee is granted the power and duty to:
(1) Determine which categories of participants in live
racing, including but not limited to owners, trainers, jockeys,
grooms, mutuel clerks, racing officials, veterinarians, and
farriers, should be licensed by the compact committee, and
establish the requirements for the initial licensure of appli[Title 67 RCW—page 21]
67.17.070
Title 67 RCW: Sports and Recreation—Convention Facilities
cants in each such category, the term of the license for each
category, and the requirements for renewal of licenses in each
category. However, with regard to requests for criminal history record information on each applicant for a license, and
with regard to the effect of a criminal record on the issuance
or renewal of a license, the compact committee shall determine for each category of participants in live racing which
licensure requirements for that category are, in its judgment,
the most restrictive licensure requirements of any party state
for that category and shall adopt licensure requirements for
that category that are, in its judgment, comparable to those
most restrictive requirements;
(2) Investigate applicants for a license from the compact
committee and, as permitted by federal and state law, gather
information on such applicants, including criminal history
record information from the federal bureau of investigation
and relevant state and local law enforcement agencies, and,
where appropriate, from the royal Canadian mounted police
and law enforcement agencies of other countries, necessary
to determine whether a license should be issued under the
licensure requirements established by the compact committee
under subsection (1) of this section. Only officials on, and
employees of, the compact committee may receive and
review such criminal history record information, and those
officials and employees may use that information only for the
purposes of the compact. No such official or employee may
disclose or disseminate such information to any person or
entity other than another official on or employee of the compact committee. The fingerprints of each applicant for a
license from the compact committee shall be taken by the
compact committee, its employees, or its designee and shall
be forwarded to a state identification bureau, or to an association of state officials regulating pari-mutuel wagering designated by the attorney general of the United States, for submission to the federal bureau of investigation for a criminal
history record check. Such fingerprints may be submitted on
a fingerprint card or by electronic or other means authorized
by the federal bureau of investigation or other receiving law
enforcement agency;
(3) Issue licenses to, and renew the licenses of, participants in live racing listed in subsection (1) of this section who
are found by the compact committee to have met the licensure and renewal requirements established by the compact
committee. The compact committee shall not have the power
or authority to deny a license. If it determines that an applicant will not be eligible for the issuance or renewal of a compact committee license, the compact committee shall notify
the applicant that it will not be able to process his or her
application further. Such notification does not constitute and
shall not be considered to be the denial of a license. Any such
applicant has the right to present additional evidence to, and
to be heard by, the compact committee, but the final decision
on issuance or renewal of the license shall be made by the
compact committee using the requirements established under
subsection (1) of this section;
(4) Enter into contracts or agreements with governmental agencies and with nongovernmental persons to provide
personal services for its activities and such other services as
may be necessary to carry out the compact;
(5) Create, appoint, and abolish those offices, employments, and positions, including an executive director, as it
[Title 67 RCW—page 22]
deems necessary for the purposes of the compact, prescribe
their powers, duties, and qualifications, hire persons to fill
those offices, employments, and positions, and provide for
the removal, term, tenure, compensation, fringe benefits,
retirement benefits, and other conditions of employment of
its officers, employees, and other positions;
(6) Borrow, accept, or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association, corporation, or other entity;
(7) Acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or in other similar manner, in furtherance of the compact;
(8) Charge a fee to each applicant for an initial license or
renewal of a license; and
(9) Receive other funds through gifts, grants, and appropriations. [2001 c 18 § 7.]
67.17.070
67.17.070 Compact committee voting requirements.
(1) Each official is entitled to one vote on the compact committee.
(2) All action taken by the compact committee with
regard to the addition of party states as provided in RCW
67.17.020, the licensure of participants in live racing, and the
receipt and disbursement of funds require a majority vote of
the total number of officials, or their alternates, on the compact committee. All other action by the compact committee
requires a majority vote of those officials, or their alternates,
present and voting.
(3) No action of the compact committee may be taken
unless a quorum is present. A majority of the officials, or
their alternates, on the compact committee constitutes a quorum. [2001 c 18 § 8.]
67.17.080
67.17.080 Compact committee governance. (1) The
compact committee shall elect annually from among its
members a chair, a vice-chair, and a secretary/treasurer.
(2) The compact committee shall adopt bylaws for the
conduct of its business by a two-thirds vote of the total number of officials, or their alternates, on the compact committee
at that time and shall have the power by the same vote to
amend and rescind such bylaws. The compact committee
shall publish its bylaws in convenient form and shall file a
copy thereof and a copy of any amendments thereto with the
secretary of state or equivalent agency of each of the party
states.
(3) The compact committee may delegate the day-to-day
management and administration of its duties and responsibilities to an executive director and the executive director’s support staff.
(4) Employees of the compact committee are considered
governmental employees. [2001 c 18 § 9.]
67.17.090
67.17.090 Liability of compact committee employees
or officials. No official of a party state or employee of the
compact committee shall be held personally liable for any
good faith act or omission that occurs during the performance
and within the scope of his or her responsibilities and duties
under the live horse racing compact. [2001 c 18 § 10.]
(2006 Ed.)
Parks, Bathing Beaches, Public Camps
67.17.100 Conditions and terms for participating
states. (1) By enacting the compact, each party state:
(a) Agrees: (i) To accept the decisions of the compact
committee regarding the issuance of compact committee
licenses to participants in live racing under the compact committee’s licensure requirements; and (ii) to reimburse or otherwise pay the expenses of its official representative on the
compact committee or his or her alternate;
(b) Agrees not to treat a notification to an applicant by
the compact committee under RCW 67.17.060(3) that the
compact committee will not be able to process the application
further as the denial of a license, or to penalize such an applicant in any other way based solely on such a decision by the
compact committee; and
(c) Reserves the right: (i) To charge a fee for the use of
a compact committee license in that state; (ii) to apply its own
standards in determining whether, on the facts of a particular
case, a compact committee license should be suspended or
revoked; (iii) to apply its own standards in determining licensure eligibility, under the laws of that party state, for categories of participants in live racing that the compact committee
determines not to license and for individual participants in
live racing who do not meet the licensure requirements of the
compact committee; and (iv) to establish its own licensure
standards for the licensure of nonracing employees at horse
racetracks and employees at separate satellite wagering facilities. Any party state that suspends or revokes a compact
committee license shall, through its racing commission or the
equivalent thereof or otherwise, promptly notify the compact
committee of that suspension or revocation.
(2) No party state shall be held liable for the debts or
other financial obligations incurred by the compact committee. [2001 c 18 § 11.]
67.17.100
67.17.110 Cooperation by governmental entities with
compact committee. All departments, agencies, and officers
of the state of Washington and its political subdivisions are
authorized to cooperate with the compact committee in furtherance of any of its activities of the live horse racing compact. [2001 c 18 § 12.]
67.17.110
67.17.120 Impact on horse racing commission. Nothing in this chapter shall be construed to diminish or limit the
powers and responsibilities of the Washington horse racing
commission established in chapter 67.16 RCW or to invalidate any action of the Washington horse racing commission
previously taken, including without limitation any regulation
issued by the commission. [2001 c 18 § 13.]
67.17.120
67.17.130 Construction and severability of language.
This chapter shall be liberally construed so as to effectuate its
purposes. The provisions of this chapter are severable, and, if
any phrase, clause, sentence, or provision of the compact is
declared to be contrary to the Constitution of the United
States or of any party state, or the applicability of the live
horse racing compact to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of
the compact and the applicability thereof to any government,
agency, person, or circumstance shall not be affected thereby.
If all or some portion of the live horse racing compact is held
to be contrary to the constitution of any party state, the com67.17.130
(2006 Ed.)
67.20.015
pact shall remain in full force and effect as to the remaining
party states and in full force and effect as to the state affected
as to all severable matters. [2001 c 18 § 14.]
67.17.900
67.17.900 Short title—2001 c 18. This act may be
known and cited as the live horse racing compact. [2001 c 18
§ 15.]
Chapter 67.20 RCW
PARKS, BATHING BEACHES, PUBLIC CAMPS
Chapter 67.20
Sections
67.20.010
67.20.015
67.20.020
67.20.030
Authority to acquire and operate certain recreational facilities—Charges—Eminent domain.
Authority to establish and operate public camps—Charges.
Contracts for cooperation.
Scope of chapter.
County parks and recreational facilities: Chapter 36.68 RCW.
Eminent domain: Title 8 RCW.
Metropolitan park districts: Chapter 35.61 RCW.
Recreation districts act for counties: Chapter 36.69 RCW.
State parks and recreation commission: Chapter 79A.05 RCW.
67.20.010 Authority to acquire and operate certain
recreational facilities—Charges—Eminent domain. Any
city in this state acting through its city council, or its board of
park commissioners when authorized by charter or ordinance, any separately organized park district acting through
its board of park commissioners or other governing officers,
any school district acting through its board of school directors, any county acting through its board of county commissioners, any park and recreation service area acting through
its governing body, and any town acting through its town
council shall have power, acting independently or in conjunction with the United States, the state of Washington, any
county, city, park district, school district or town or any number of such public organizations to acquire any land within
this state for park, playground, gymnasiums, swimming
pools, field houses and other recreational facilities, bathing
beach or public camp purposes and roads leading from said
parks, playgrounds, gymnasiums, swimming pools, field
houses and other recreational facilities, bathing beaches, or
public camps to nearby highways by donation, purchase or
condemnation, and to build, construct, care for, control,
supervise, improve, operate and maintain parks, playgrounds,
gymnasiums, swimming pools, field houses and other recreational facilities, bathing beaches, roads and public camps
upon any such land, including the power to enact and enforce
such police regulations not inconsistent with the constitution
and laws of the state of Washington, as are deemed necessary
for the government and control of the same. The power of
eminent domain herein granted shall not extend to any land
outside the territorial limits of the governmental unit or units
exercising said power. [1988 c 82 § 7; 1949 c 97 § 1; 1921 c
107 § 1; Rem. Supp. 1949 § 9319. FORMER PART OF SECTION: 1949 c 97 § 3; 1921 c 107 § 3; Rem. Supp. 1949 §
9321 now codified as RCW 67.20.015.]
67.20.010
67.20.015
67.20.015 Authority to establish and operate public
camps—Charges. Any city, town, county, separately organized park district, or school district shall have power to
[Title 67 RCW—page 23]
67.20.020
Title 67 RCW: Sports and Recreation—Convention Facilities
establish, care for, control, supervise, improve, operate and
maintain a public camp, or camps anywhere within the state,
and to that end may make, promulgate and enforce any reasonable rules and regulations in reference to such camps and
make such charges for the use thereof as may be deemed
expedient. [1949 c 97 § 3; 1921 c 107 § 3; Rem. Supp. 1949
§ 9321. Formerly RCW 67.20.010, part.]
67.20.020
67.20.020 Contracts for cooperation. Any city, park
district, school district, county or town shall have power to
enter into any contract in writing with any organization or
organizations referred to in this chapter for the purpose of
conducting a recreation program or exercising any other
power granted by this chapter. In the conduct of such recreation program property or facilities owned by any individual,
group or organization, whether public or private, may be utilized by consent of the owner. [1949 c 97 § 2; 1921 c 107 §
2; Rem. Supp. 1949 § 9320.]
67.20.030
67.20.030 Scope of chapter. This chapter shall not be
construed to repeal or limit any existing power of any city or
park district, but to grant powers in addition thereto. [1949 c
97 § 4; 1921 c 107 § 4; Rem. Supp. 1949 § 9319 note.]
Chapter 67.24
Chapter 67.24 RCW
FRAUD IN SPORTING CONTEST
Sections
67.24.010
67.24.020
67.28.125
67.28.130
67.28.140
67.28.150
67.28.160
67.28.170
67.28.180
67.28.1801
67.28.181
67.28.1815
67.28.1817
67.28.183
67.28.184
67.28.200
67.28.220
67.28.8001
67.28.900
67.28.910
67.28.911
67.28.912
67.28.913
Selling convention center facilities—Smaller counties within
national scenic areas.
Conveyance or lease of lands, properties or facilities authorized—Joint participation, use of facilities.
Declaration of public purpose—Right of eminent domain.
Issuance of general obligation bonds—Maturity—Methods of
payment.
Revenue bonds—Issuance, sale, form, term, payment,
reserves, actions.
Power to lease all or part of facilities—Disposition of proceeds.
Lodging tax authorized—Conditions.
Credit against sales tax due on same lodging.
Special excise taxes authorized—Rates—Credits for city or
town tax by county—Limits.
Revenue—Special fund—Uses for tourism promotion and
tourism facility acquisition and operation.
Lodging tax advisory committee in large municipalities—Submission of proposal for imposition of or change in tax or
use—Comments.
Exemption from tax—Emergency lodging for homeless persons—Conditions.
Use of hotel-motel tax revenues by cities for professional
sports franchise facilities limited.
Special excise tax authorized—Exemptions may be established—Collection.
Powers additional and supplemental to other laws.
Reports by municipalities—Summary and analysis by department of community, trade, and economic development.
Severability—1965 c 15.
Severability—1967 c 236.
Severability—1973 2nd ex.s. c 34.
Severability—1975 1st ex.s. c 225.
Severability—1988 ex.s. c 1.
Multipurpose community centers: Chapter 35.59 RCW.
Stadiums, coliseums, powers of counties to build and operate: RCW
36.68.090.
Tax changes: RCW 82.14.055.
Commission of—Felony.
Scope of 1945 c 107.
Tax rate calculation errors: RCW 82.32.430.
67.28.080 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Acquisition" includes, but is not limited to, siting,
acquisition, design, construction, refurbishing, expansion,
repair, and improvement, including paying or securing the
payment of all or any portion of general obligation bonds,
leases, revenue bonds, or other obligations issued or incurred
for such purpose or purposes under this chapter.
(2) "Municipality" means any county, city or town of the
state of Washington.
(3) "Operation" includes, but is not limited to, operation,
management, and marketing.
(4) "Person" means the federal government or any
agency thereof, the state or any agency, subdivision, taxing
district or municipal corporation thereof other than county,
city or town, any private corporation, partnership, association, or individual.
(5) "Tourism" means economic activity resulting from
tourists, which may include sales of overnight lodging,
meals, tours, gifts, or souvenirs.
(6) "Tourism promotion" means activities and expenditures designed to increase tourism, including but not limited
to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists;
developing strategies to expand tourism; operating tourism
promotion agencies; and funding marketing of special events
and festivals designed to attract tourists.
(7) "Tourism-related facility" means real or tangible personal property with a usable life of three or more years, or
67.28.080
67.24.010
67.24.010 Commission of—Felony. Every person who
shall give, offer, receive, or promise, directly or indirectly,
any compensation, gratuity, or reward, or make any promise
thereof, or who shall fraudulently commit any act by trick,
device, or bunco, or any means whatsoever with intent to
influence or change the outcome of any sporting contest
between people or between animals, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not less than five years. [2003 c 53 § 302;
1992 c 7 § 43; 1945 c 107 § 1; 1941 c 181 § 1; Rem. Supp.
1945 § 2499-1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
67.24.020
67.24.020 Scope of 1945 c 107. All of the acts and statutes in conflict herewith are hereby repealed except chapter
55, Laws of 1933 [chapters *43.50 and 67.16 RCW] and
amendments thereto. [1945 c 107 § 2; Rem. Supp. 1945 §
2499-1 note.]
*Reviser’s note: Chapter 43.50 RCW is now codified as RCW
67.16.012 and 67.16.015.
Chapter 67.28 RCW
PUBLIC STADIUM, CONVENTION, ARTS, AND
TOURISM FACILITIES
Chapter 67.28
Sections
67.28.080
67.28.120
Definitions.
Authorization to acquire and operate tourism-related facilities.
[Title 67 RCW—page 24]
(2006 Ed.)
Public Stadium, Convention, Arts, and Tourism Facilities
constructed with volunteer labor, and used to support tourism, performing arts, or to accommodate tourist activities.
(8) "Tourist" means a person who travels from a place of
residence to a different town, city, county, state, or country,
for purposes of business, pleasure, recreation, education, arts,
heritage, or culture. [1997 c 452 § 2; 1991 c 357 § 1; 1967 c
236 § 1.]
Intent—1997 c 452: "The intent of this act is to provide uniform standards for local option excise taxation of lodging." [1997 c 452 § 1.]
Severability—1997 c 452: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 452 § 24.]
Savings—1997 c 452: See note following RCW 67.28.181.
Effective date, application—1991 c 357: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
after immediately [effect immediately (May 21, 1991)]. This act applies retroactively to all actions taken under chapter 67.28 RCW on or after January
1, 1990." [1991 c 357 § 5.]
Clarification of permitted use or purpose: 2000 c 256.
67.28.160
the matter to the voters of such municipalities, unless the provisions of general law applicable to the incurring of municipal indebtedness shall require such submission. [1997 c 452
§ 8; 1979 ex.s. c 222 § 2; 1973 2nd ex.s. c 34 § 2; 1967 c 236
§ 6.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
67.28.140
67.28.140 Declaration of public purpose—Right of
eminent domain. The acts authorized herein are declared to
be strictly for the public purposes of the municipalities authorized to perform same. Any municipality as defined in RCW
67.28.080 shall have the power to acquire by condemnation
and purchase any lands and property rights, both within and
without its boundaries, which are necessary to carry out the
purposes of this chapter. Such right of eminent domain shall
be exercised by the legislative body of each such municipality in the manner provided by applicable general law or under
chapter 8.12 RCW. [1967 c 236 § 7.]
67.28.120
67.28.120 Authorization to acquire and operate tourism-related facilities. Any municipality is authorized either
individually or jointly with any other municipality, or person,
or any combination thereof, to acquire and to operate tourism-related facilities, whether located within or without such
municipality. [1997 c 452 § 7; 1979 ex.s. c 222 § 1; 1973 2nd
ex.s. c 34 § 1; 1967 c 236 § 5.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
67.28.125
67.28.125 Selling convention center facilities—
Smaller counties within national scenic areas. The provisions of this section shall apply to any municipality in any
county located in whole or in part in a national scenic area
when the population of the county is less than 20,000. The
provisions of this section shall also apply to the county when
the county contains in whole or in part a national scenic area
and the population of the county is less than 20,000.
(1) The legislative body of any municipality or the
county legislative authority is authorized to sell to any public
or private person, including a corporation, partnership, joint
venture, or any other business entity, any convention center
facility it owns in whole or in part.
(2) The price and other terms and conditions shall be as
the legislative body or authority shall determine. [1991 c 357
§ 2.]
Effective date, application—1991 c 357: See note following RCW
67.28.080.
67.28.130
67.28.130 Conveyance or lease of lands, properties or
facilities authorized—Joint participation, use of facilities.
Any municipality, taxing district, or municipal corporation is
authorized to convey or lease any lands, properties or facilities to any other municipality for the development by such
other municipality of tourism-related facilities or to provide
for the joint use of such lands, properties or facilities, or to
participate in the financing of all or any part of the public
facilities on such terms as may be fixed by agreement
between the respective legislative bodies without submitting
(2006 Ed.)
67.28.150
67.28.150 Issuance of general obligation bonds—
Maturity—Methods of payment. To carry out the purposes
of this chapter any municipality shall have the power to issue
general obligation bonds within the limitations now or hereafter prescribed by the laws of this state. Such general obligation bonds shall be authorized, executed, issued and made
payable as other general obligation bonds of such municipality: PROVIDED, That the governing body of such municipality may provide that such bonds mature in not to exceed
forty years from the date of their issue, may provide that such
bonds also be made payable from any special taxes provided
for in this chapter, and may provide that such bonds also be
made payable from any otherwise unpledged revenue which
may be derived from the ownership or operation of any properties. [1997 c 452 § 9; 1984 c 186 § 56; 1967 c 236 § 8.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Purpose—1984 c 186: See note following RCW 39.46.110.
67.28.160
67.28.160 Revenue bonds—Issuance, sale, form,
term, payment, reserves, actions. (1) To carry out the purposes of this chapter the legislative body of any municipality
shall have the power to issue revenue bonds without submitting the matter to the voters of the municipality: PROVIDED, That the legislative body shall create a special fund
or funds for the sole purpose of paying the principal of and
interest on the bonds of each such issue, into which fund or
funds the legislative body may obligate the municipality to
pay all or part of amounts collected from the special taxes
provided for in this chapter, and/or to pay such amounts of
the gross revenue of all or any part of the facilities constructed, acquired, improved, added to, repaired or replaced
pursuant to this chapter, as the legislative body shall determine: PROVIDED, FURTHER, That the principal of and
interest on such bonds shall be payable only out of such special fund or funds, and the owners of such bonds shall have a
lien and charge against the gross revenue pledged to such
fund.
[Title 67 RCW—page 25]
67.28.170
Title 67 RCW: Sports and Recreation—Convention Facilities
Such revenue bonds and the interest thereon issued
against such fund or funds shall constitute a claim of the owners thereof only as against such fund or funds and the revenue
pledged therefor, and shall not constitute a general indebtedness of the municipality.
Each such revenue bond shall state upon its face that it is
payable from such special fund or funds, and all revenue
bonds issued under this chapter shall be negotiable securities
within the provisions of the law of this state. Such revenue
bonds may be registered either as to principal only or as to
principal and interest as provided in RCW 39.46.030, or may
be bearer bonds; shall be in such denominations as the legislative body shall deem proper; shall be payable at such time
or times and at such places as shall be determined by the legislative body; shall be executed in such manner and bear
interest at such rate or rates as shall be determined by the legislative body.
Such revenue bonds shall be sold in such manner as the
legislative body shall deem to be for the best interests of the
municipality, either at public or private sale.
The legislative body may at the time of the issuance of
such revenue bonds make such covenants with the owners of
said bonds as it may deem necessary to secure and guaranty
the payment of the principal thereof and the interest thereon,
including but not being limited to covenants to set aside adequate reserves to secure or guaranty the payment of such
principal and interest, to pledge and apply thereto part or all
of any lawfully authorized special taxes provided for in this
chapter, to maintain rates, charges or rentals sufficient with
other available moneys to pay such principal and interest and
to maintain adequate coverage over debt service, to appoint a
trustee or trustees for the bond owners, to safeguard the
expenditure of the proceeds of sale of such bonds and to fix
the powers and duties of such trustee or trustees and to make
such other covenants as the legislative body may deem necessary to accomplish the most advantageous sale of such bonds.
The legislative body may also provide that revenue bonds
payable out of the same source may later be issued on a parity
with revenue bonds being issued and sold.
The legislative body may include in the principal amount
of any such revenue bond issue an amount for engineering,
architectural, planning, financial, legal, and other services
and charges incident to the acquisition or construction of
public stadium facilities, convention center facilities, performing arts center facilities, and/or visual arts center facilities, an amount to establish necessary reserves, an amount for
working capital and an amount necessary for interest during
the period of construction of any facilities to be financed
from the proceeds of such issue plus six months. The legislative body may, if it deems it in the best interest of the municipality, provide in any contract for the construction or acquisition of any facilities or additions or improvements thereto
or replacements or extensions thereof that payment therefor
shall be made only in such revenue bonds.
If the municipality shall fail to carry out or perform any
of its obligations or covenants made in the authorization,
issuance and sale of such bonds, the owner of any such bond
may bring action against the municipality and compel the
performance of any or all of such covenants.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
[Title 67 RCW—page 26]
39.46 RCW. [1997 c 452 § 10; 1983 c 167 § 168; 1979 ex.s.
c 222 § 3; 1973 2nd ex.s. c 34 § 3; 1967 c 236 § 9.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
67.28.170
67.28.170 Power to lease all or part of facilities—Disposition of proceeds. The legislative body of any municipality owning or operating tourism-related facilities acquired
under this chapter shall have power to lease to any municipality or person, or to contract for the use or operation by any
municipality or person, of all or any part of the facilities
authorized by this chapter, including but not limited to parking facilities, concession facilities of all kinds and any property or property rights appurtenant to such tourism-related
facilities, for such period and under such terms and conditions and upon such rentals, fees and charges as such legislative body may determine, and may pledge all or any portion
of such rentals, fees and charges and all other revenue
derived from the ownership and/or operation of such facilities to pay and to secure the payment of general obligation
bonds and/or revenue bonds of such municipality issued for
authorized tourism-related facilities purposes. [1997 c 452 §
11; 1979 ex.s. c 222 § 4; 1973 2nd ex.s. c 34 § 4; 1967 c 236
§ 10.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
67.28.180
67.28.180 Lodging tax authorized—Conditions. (1)
Subject to the conditions set forth in subsections (2) and (3)
of this section, the legislative body of any county or any city,
is authorized to levy and collect a special excise tax of not to
exceed two percent on the sale of or charge made for the furnishing of lodging that is subject to tax under chapter 82.08
RCW.
(2) Any levy authorized by this section shall be subject
to the following:
(a) Any county ordinance or resolution adopted pursuant
to this section shall contain, in addition to all other provisions
required to conform to this chapter, a provision allowing a
credit against the county tax for the full amount of any city
tax imposed pursuant to this section upon the same taxable
event.
(b) In the event that any county has levied the tax authorized by this section and has, prior to June 26, 1975, either
pledged the tax revenues for payment of principal and interest on city revenue or general obligation bonds authorized
and issued pursuant to RCW 67.28.150 through 67.28.160 or
has authorized and issued revenue or general obligation
bonds pursuant to the provisions of RCW 67.28.150 through
67.28.160, such county shall be exempt from the provisions
of (a) of this subsection, to the extent that the tax revenues are
pledged for payment of principal and interest on bonds issued
at any time pursuant to the provisions of RCW 67.28.150
through 67.28.160: PROVIDED, That so much of such
pledged tax revenues, together with any investment earnings
thereon, not immediately necessary for actual payment of
principal and interest on such bonds may be used: (i) In any
(2006 Ed.)
Public Stadium, Convention, Arts, and Tourism Facilities
county with a population of one million or more, for repayment either of limited tax levy general obligation bonds or of
any county fund or account from which a loan was made, the
proceeds from the bonds or loan being used to pay for constructing, installing, improving, and equipping stadium capital improvement projects, and to pay for any engineering,
planning, financial, legal and professional services incident
to the development of such stadium capital improvement
projects, regardless of the date the debt for such capital
improvement projects was or may be incurred; (ii) in any
county with a population of one million or more, for repayment or refinancing of bonded indebtedness incurred prior to
January 1, 1997, for any purpose authorized by this section or
relating to stadium repairs or rehabilitation, including but not
limited to the cost of settling legal claims, reimbursing operating funds, interest payments on short-term loans, and any
other purpose for which such debt has been incurred if the
county has created a public stadium authority to develop a
stadium and exhibition center under RCW 36.102.030; or
(iii) in other counties, for county-owned facilities for agricultural promotion. A county is exempt under this subsection in
respect to city revenue or general obligation bonds issued
after April 1, 1991, only if such bonds mature before January
1, 2013.
As used in this subsection (2)(b), "capital improvement
projects" may include, but not be limited to a stadium restaurant facility, restroom facilities, artificial turf system, seating
facilities, parking facilities and scoreboard and information
system adjacent to or within a county owned stadium,
together with equipment, utilities, accessories and appurtenances necessary thereto. The stadium restaurant authorized
by this subsection (2)(b) shall be operated by a private concessionaire under a contract with the county.
(c)(i) No city within a county exempt under subsection
(2)(b) of this section may levy the tax authorized by this section so long as said county is so exempt.
(ii) If bonds have been issued under RCW 43.99N.020
and any necessary property transfers have been made under
RCW 36.102.100, no city within a county with a population
of one million or more may levy the tax authorized by this
section before January 1, 2021.
(iii) However, in the event that any city in a county
described in (i) or (ii) of this subsection (2)(c) has levied the
tax authorized by this section and has, prior to June 26, 1975,
authorized and issued revenue or general obligation bonds
pursuant to the provisions of RCW 67.28.150 through
67.28.160, such city may levy the tax so long as the tax revenues are pledged for payment of principal and interest on
bonds issued at any time pursuant to the provisions of RCW
67.28.150 through 67.28.160.
(3) Any levy authorized by this section by a county that
has levied the tax authorized by this section and has, prior to
June 26, 1975, either pledged the tax revenues for payment of
principal and interest on city revenue or general obligation
bonds authorized and issued pursuant to RCW 67.28.150
through 67.28.160 or has authorized and issued revenue or
general obligation bonds pursuant to the provisions of RCW
67.28.150 through 67.28.160 shall be subject to the following:
(2006 Ed.)
67.28.180
(a) Taxes collected under this section in any calendar
year before 2013 in excess of five million three hundred thousand dollars shall only be used as follows:
(i) Seventy-five percent from January 1, 1992, through
December 31, 2000, and seventy percent from January 1,
2001, through December 31, 2012, for art museums, cultural
museums, heritage museums, the arts, and the performing
arts. Moneys spent under this subsection (3)(a)(i) shall be
used for the purposes of this subsection (3)(a)(i) in all parts of
the county.
(ii) Twenty-five percent from January 1, 1992, through
December 31, 2000, and thirty percent from January 1, 2001,
through December 31, 2012, for the following purposes and
in a manner reflecting the following order of priority: Stadium purposes as authorized under subsection (2)(b) of this
section; acquisition of open space lands; youth sports activities; and tourism promotion. If all or part of the debt on the
stadium is refinanced, all revenues under this subsection
(3)(a)(ii) shall be used to retire the debt.
(b) From January 1, 2013, through December 31, 2015,
in a county with a population of one million or more, all revenues under this section shall be used to retire the debt on the
stadium, or deposited in the stadium and exhibition center
account under RCW 43.99N.060 after the debt on the stadium is retired.
(c) From January 1, 2016, through December 31, 2020,
in a county with a population of one million or more, all revenues under this section shall be deposited in the stadium and
exhibition center account under RCW 43.99N.060.
(d) At least seventy percent of moneys spent under (a)(i)
of this subsection for the period January 1, 1992, through
December 31, 2000, shall be used only for the purchase,
design, construction, and remodeling of performing arts,
visual arts, heritage, and cultural facilities, and for the purchase of fixed assets that will benefit art, heritage, and cultural organizations. For purposes of this subsection, fixed
assets are tangible objects such as machinery and other
equipment intended to be held or used for ten years or more.
Moneys received under this subsection (3)(d) may be used
for payment of principal and interest on bonds issued for capital projects. Qualifying organizations receiving moneys
under this subsection (3)(d) must be financially stable and
have at least the following:
(i) A legally constituted and working board of directors;
(ii) A record of artistic, heritage, or cultural accomplishments;
(iii) Been in existence and operating for at least two
years;
(iv) Demonstrated ability to maintain net current liabilities at less than thirty percent of general operating expenses;
(v) Demonstrated ability to sustain operational capacity
subsequent to completion of projects or purchase of machinery and equipment; and
(vi) Evidence that there has been independent financial
review of the organization.
(e) At least forty percent of the revenues distributed pursuant to (a)(i) of this subsection for the period January 1,
2001, through December 31, 2012, shall be deposited in an
account and shall be used to establish an endowment. Principal in the account shall remain permanent and irreducible.
[Title 67 RCW—page 27]
67.28.1801
Title 67 RCW: Sports and Recreation—Convention Facilities
The earnings from investments of balances in the account
may only be used for the purposes of (a)(i) of this subsection.
(f) School districts and schools shall not receive revenues distributed pursuant to (a)(i) of this subsection.
(g) Moneys distributed to art museums, cultural museums, heritage museums, the arts, and the performing arts, and
moneys distributed for tourism promotion shall be in addition
to and may not be used to replace or supplant any other funding by the legislative body of the county.
(h) As used in this section, "tourism promotion" includes
activities intended to attract visitors for overnight stays, arts,
heritage, and cultural events, and recreational, professional,
and amateur sports events. Moneys allocated to tourism promotion in a class AA county shall be allocated to nonprofit
organizations formed for the express purpose of tourism promotion in the county. Such organizations shall use moneys
from the taxes to promote events in all parts of the class AA
county.
(i) No taxes collected under this section may be used for
the operation or maintenance of a public stadium that is
financed directly or indirectly by bonds to which the tax is
pledged. Expenditures for operation or maintenance include
all expenditures other than expenditures that directly result in
new fixed assets or that directly increase the capacity, life
span, or operating economy of existing fixed assets.
(j) No ad valorem property taxes may be used for debt
service on bonds issued for a public stadium that is financed
by bonds to which the tax is pledged, unless the taxes collected under this section are or are projected to be insufficient
to meet debt service requirements on such bonds.
(k) If a substantial part of the operation and management
of a public stadium that is financed directly or indirectly by
bonds to which the tax is pledged is performed by a nonpublic entity or if a public stadium is sold that is financed directly
or indirectly by bonds to which the tax is pledged, any bonds
to which the tax is pledged shall be retired. This subsection
(3)(k) does not apply in respect to a public stadium under
chapter 36.102 RCW transferred to, owned by, or constructed
by a public facilities district under chapter 36.100 RCW or a
stadium and exhibition center.
(l) The county shall not lease a public stadium that is
financed directly or indirectly by bonds to which the tax is
pledged to, or authorize the use of the public stadium by, a
professional major league sports franchise unless the sports
franchise gives the right of first refusal to purchase the sports
franchise, upon its sale, to local government. This subsection
(3)(l) does not apply to contracts in existence on April 1,
1986.
If a court of competent jurisdiction declares any provision of this subsection (3) invalid, then that invalid provision
shall be null and void and the remainder of this section is not
affected. [2002 c 178 § 2; 1997 c 220 § 501 (Referendum Bill
No. 48, approved June 17, 1997); 1995 1st sp.s. c 14 § 10;
1995 c 386 § 8. Prior: 1991 c 363 § 139; 1991 c 336 § 1; 1987
c 483 § 1; 1986 c 104 § 1; 1985 c 272 § 1; 1975 1st ex.s. c 225
§ 1; 1973 2nd ex.s. c 34 § 5; 1970 ex.s. c 89 § 1; 1967 c 236
§ 11.]
Retroactive application—2002 c 178: "This act applies retroactively
to events occurring on and after September 1, 2001." [2002 c 178 § 6.]
Effective date—2002 c 178: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[Title 67 RCW—page 28]
ernment and its existing public institutions, and takes effect immediately
[March 27, 2002]." [2002 c 178 § 7.]
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Severability—Effective dates—1995 1st sp.s. c 14: See notes following RCW 36.100.010.
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
Effective date—1991 c 336: "This act shall take effect January 1,
1992." [1991 c 336 § 3.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Effective date—1986 c 104: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect April 1,
1986." [1986 c 104 § 2.]
Severability—1985 c 272: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 272 § 2.]
Contracts for marketing facility and services: RCW 67.40.120.
Lodging tax imposed in King county for state convention and trade center:
RCW 67.40.090.
67.28.1801
67.28.1801 Credit against sales tax due on same lodging. Tax collected under RCW 67.28.180 on a sale of lodging shall be credited against the amount of sales tax due to the
state under chapter 82.08 RCW on the same sale of lodging.
[1998 c 35 § 2.]
Validation of taxes imposed and collected and actions taken—Effective date—1998 c 35: See notes following RCW 67.28.181.
67.28.181
67.28.181 Special excise taxes authorized—Rates—
Credits for city or town tax by county—Limits. (1) The
legislative body of any municipality may impose an excise
tax on the sale of or charge made for the furnishing of lodging
that is subject to tax under chapter 82.08 RCW. The rate of
tax shall not exceed the lesser of two percent or a rate that,
when combined with all other taxes imposed upon sales of
lodging within the municipality under this chapter and chapters 36.100, 67.40, 82.08, and 82.14 RCW, equals twelve percent. A tax under this chapter shall not be imposed in increments smaller than tenths of a percent.
(2) Notwithstanding subsection (1) of this section:
(a) If a municipality was authorized to impose taxes
under this chapter or RCW 67.40.100 or both with a total rate
exceeding four percent before July 27, 1997, such total
authorization shall continue through January 31, 1999, and
thereafter the municipality may impose a tax under this section at a rate not exceeding the rate actually imposed by the
municipality on January 31, 1999.
(b) If a city or town, other than a municipality imposing
a tax under (a) of this subsection, is located in a county that
imposed taxes under this chapter with a total rate of four percent or more on January 1, 1997, the city or town may not
impose a tax under this section.
(c) If a city has a population of four hundred thousand or
more and is located in a county with a population of one million or more, the rate of tax imposed under this chapter by the
(2006 Ed.)
Public Stadium, Convention, Arts, and Tourism Facilities
city shall not exceed the lesser of four percent or a rate that,
when combined with all other taxes imposed upon sales of
lodging in the municipality under this chapter and chapters
36.100, 67.40, 82.08, and 82.14 RCW, equals fifteen and
two-tenths percent.
(d) If a municipality was authorized to impose taxes
under this chapter or RCW 67.40.100, or both, at a rate equal
to six percent before January 1, 1998, the municipality may
impose a tax under this section at a rate not exceeding the rate
actually imposed by the municipality on January 1, 1998.
(3) Any county ordinance or resolution adopted under
this section shall contain a provision allowing a credit against
the county tax for the full amount of any city or town tax
imposed under this section upon the same taxable event.
[2004 c 79 § 8; 1998 c 35 § 1; 1997 c 452 § 3.]
Validation of taxes imposed and collected and actions taken—1998
c 35: "If a municipality was authorized to impose taxes under chapter 67.28
RCW or RCW 67.40.100 or both with a total rate exceeding four percent
before July 27, 1997, any taxes imposed and collected by the municipality on
or after July 27, 1997, are validated by this act to the extent the taxes were
imposed at rates that would be permitted under chapter 67.28 RCW as
amended by this act. All actions taken in connection with the collection and
administration of taxes validated under this section, including crediting the
taxes against the amount of sales taxes due to the state under chapter 82.08
RCW, are also validated by this act to the extent the actions taken would be
permitted under chapter 67.28 RCW as amended by this act." [1998 c 35 §
4.]
Effective date—1998 c 35: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 12, 1998]." [1998 c 35 § 5.]
Savings—1997 c 452: "This act does not affect any existing right
acquired or liability or obligation incurred under the sections amended or
repealed in this act or under any rule or order adopted under those sections,
nor does it affect any proceeding instituted under those sections. As provided in RCW 1.12.020, the sections amended or repealed in this act are continued by section 3 of this act for purposes such as redemption payments on
bonds issued in reliance on taxes imposed under those sections. Any moneys
held in a fund created under a section repealed in this act shall be deposited
in a fund created under section 4 of this act." [1997 c 452 § 23.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
67.28.1815
67.28.1815 Revenue—Special fund—Uses for tourism promotion and tourism facility acquisition and operation. All revenue from taxes imposed under this chapter
shall be credited to a special fund in the treasury of the
municipality imposing such tax and used solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of
tourism-related facilities. Municipalities may, under chapter
39.34 RCW, agree to the utilization of revenue from taxes
imposed under this chapter for the purposes of funding a multijurisdictional tourism-related facility. [1997 c 452 § 4.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
67.28.1817
67.28.1817 Lodging tax advisory committee in large
municipalities—Submission of proposal for imposition of
or change in tax or use—Comments. (1) Before proposing
imposition of a new tax under this chapter, an increase in the
rate of a tax imposed under this chapter, repeal of an exemption from a tax imposed under this chapter, or a change in the
use of revenue received under this chapter, a municipality
(2006 Ed.)
67.28.183
with a population of five thousand or more shall establish a
lodging tax advisory committee under this section. A lodging
tax advisory committee shall consist of at least five members,
appointed by the legislative body of the municipality, unless
the municipality has a charter providing for a different
appointment authority. The committee membership shall
include: (a) At least two members who are representatives of
businesses required to collect tax under this chapter; and (b)
at least two members who are persons involved in activities
authorized to be funded by revenue received under this chapter. Persons who are eligible for appointment under (a) of this
subsection are not eligible for appointment under (b) of this
subsection. Persons who are eligible for appointment under
(b) of this subsection are not eligible for appointment under
(a) of this subsection. Organizations representing businesses
required to collect tax under this chapter, organizations
involved in activities authorized to be funded by revenue
received under this chapter, and local agencies involved in
tourism promotion may submit recommendations for membership on the committee. The number of members who are
representatives of businesses required to collect tax under
this chapter shall equal the number of members who are
involved in activities authorized to be funded by revenue
received under this chapter. One member shall be an elected
official of the municipality who shall serve as chair of the
committee. An advisory committee for a county may include
one nonvoting member who is an elected official of a city or
town in the county. An advisory committee for a city or town
may include one nonvoting member who is an elected official
of the county in which the city or town is located. The
appointing authority shall review the membership of the
advisory committee annually and make changes as appropriate.
(2) Any municipality that proposes imposition of a tax
under this chapter, an increase in the rate of a tax imposed
under this chapter, repeal of an exemption from a tax
imposed under this chapter, or a change in the use of revenue
received under this chapter shall submit the proposal to the
lodging tax advisory committee for review and comment.
The submission shall occur at least forty-five days before
final action on or passage of the proposal by the municipality.
The advisory committee shall submit comments on the proposal in a timely manner through generally applicable public
comment procedures. The comments shall include an analysis of the extent to which the proposal will accommodate
activities for tourists or increase tourism, and the extent to
which the proposal will affect the long-term stability of the
fund created under RCW 67.28.1815. Failure of the advisory
committee to submit comments before final action on or passage of the proposal shall not prevent the municipality from
acting on the proposal. A municipality is not required to submit an amended proposal to an advisory committee under this
section. [1998 c 35 § 3; 1997 c 452 § 5.]
Validation of taxes imposed and collected and actions taken—Effective date—1998 c 35: See notes following RCW 67.28.181.
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
67.28.183
67.28.183 Exemption from tax—Emergency lodging
for homeless persons—Conditions. (1) The taxes levied
[Title 67 RCW—page 29]
67.28.184
Title 67 RCW: Sports and Recreation—Convention Facilities
under this chapter shall not apply to emergency lodging provided for homeless persons for a period of less than thirty
consecutive days under a shelter voucher program administered by an eligible organization.
(2) For the purposes of this exemption, an eligible organization includes only cities, towns, and counties, or their
respective agencies, and groups providing emergency food
and shelter services. [1992 c 206 § 5; 1988 c 61 § 2.]
Effective date—1992 c 206: See note following RCW 82.04.170.
Effective date—1988 c 61: See note following RCW 82.08.0299.
67.28.184
67.28.184 Use of hotel-motel tax revenues by cities
for professional sports franchise facilities limited. No city
imposing the tax authorized under this chapter may use the
tax proceeds directly or indirectly to acquire, construct, operate, or maintain facilities or land intended to be used by a professional sports franchise if the county within which the city
is located uses the proceeds of its tax imposed under this
chapter to directly or indirectly acquire, construct, operate, or
maintain a facility used by a professional sports franchise.
[1997 c 452 § 13; 1987 1st ex.s. c 8 § 7.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
67.28.200
67.28.200 Special excise tax authorized—Exemptions may be established—Collection. The legislative body
of any municipality may establish reasonable exemptions for
taxes authorized under this chapter. The department of revenue shall perform the collection of such taxes on behalf of
such municipality at no cost to such municipality. Except as
expressly provided in this chapter, all of the provisions contained in RCW 82.08.050 and 82.08.060 and chapter 82.32
RCW shall have full force and application with respect to
taxes imposed under the provisions of this chapter. [2004 c
79 § 9; 1997 c 452 § 14; 1993 c 389 § 2; 1991 c 331 § 2; 1988
ex.s. c 1 § 23; 1987 c 483 § 3; 1970 ex.s. c 89 § 2; 1967 c 236
§ 13.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
(b) The total revenue received under chapter 67.28 RCW
for each of the preceding six years;
(c) A list of projects and activities funded with revenue
received under chapter 67.28 RCW; and
(d) The amount of revenue under chapter 67.28 RCW
expended for each project and activity.
(2) The department of community, trade, and economic
development shall summarize and analyze the data received
under subsection (1) of this section in a report submitted to
the legislature on January 1, 1999, and January 1, 2001. The
report shall include, but not be limited to, analysis of factors
contributing to growth in revenue received under chapter
67.28 RCW and the effects of projects and activities funded
with revenue received under chapter 67.28 RCW on tourism
growth. [1997 c 452 § 6.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
67.28.900
67.28.900 Severability—1965 c 15. If any provision of
this chapter, or its application to any person or circumstance
is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not
affected. [1965 c 15 § 8.]
67.28.910
67.28.910 Severability—1967 c 236. If any provision
of this act, or its application to any municipality, person or
circumstance is held invalid, the remainder of this act or the
application of the provision to other municipalities, persons
or circumstances is not affected. [1967 c 236 § 19.]
67.28.911
67.28.911 Severability—1973 2nd ex.s. c 34. If any
provision of this 1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1973 2nd ex.s. c 34 § 7.]
67.28.912
67.28.912 Severability—1975 1st ex.s. c 225. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1975 1st ex.s. c 225 § 3.]
67.28.913
67.28.220
67.28.220 Powers additional and supplemental to
other laws. The powers and authority conferred upon
municipalities under the provisions of this chapter shall be
construed as in addition and supplemental to powers or
authority conferred by any other law, and nothing contained
herein shall be construed as limiting any other powers or
authority of such municipalities. [1967 c 236 § 15.]
67.28.8001
67.28.8001 Reports by municipalities—Summary
and analysis by department of community, trade, and
economic development. (1) Each municipality imposing a
tax under chapter 67.28 RCW shall submit a report to the
department of community, trade, and economic development
on October 1, 1998, and October 1, 2000. Each report shall
include the following information:
(a) The rate of tax imposed under chapter 67.28 RCW;
[Title 67 RCW—page 30]
67.28.913 Severability—1988 ex.s. c 1.
36.100.900.
Chapter 67.30
See RCW
Chapter 67.30 RCW
MULTIPURPOSE SPORTS STADIA
Sections
67.30.010
67.30.020
67.30.030
67.30.040
67.30.050
67.30.900
Declaration of public purpose and necessity.
Participation by cities and counties—Powers—Costs, how
paid.
Issuance of revenue bonds—Limitations—Retirement.
Power to appropriate and raise moneys.
Powers additional and supplemental to other laws.
Severability—1967 c 166.
Multipurpose community centers: Chapter 35.59 RCW.
Professional sports franchise, cities authorized to own and operate: RCW
35.21.695.
Stadia, coliseums, powers of counties to build and operate: RCW 36.68.090.
(2006 Ed.)
Cultural Arts, Stadium and Convention Districts
67.30.010
67.30.010 Declaration of public purpose and necessity. The participation of counties and cities in multipurpose
sports stadia which may be used for football, baseball, soccer,
conventions, home shows or any and all similar activities; the
purchase, lease, condemnation, or other acquisition of necessary real property therefor; the acquisition by condemnation
or otherwise, lease, construction, improvement, maintenance,
and equipping of buildings or other structures upon such real
property or other real property; the operation and maintenance necessary for such participation, and the exercise of
any other powers herein granted to counties and cities, are
hereby declared to be public, governmental, and municipal
functions, exercised for a public purpose, and matters of public necessity, and such real property and other property
acquired, constructed, improved, maintained, equipped, and
used by counties and cities in the manner and for the purposes
enumerated in this chapter shall and are hereby declared to be
acquired, constructed, improved, maintained, equipped and
used for public, governmental, and municipal purposes and
as a matter of public necessity. [1967 c 166 § 2.]
67.30.020
67.30.020 Participation by cities and counties—Powers—Costs, how paid. The counties and cities are authorized, upon passage of an ordinance in the prescribed manner,
to participate in the financing, construction, acquisition,
operation, and maintenance of multipurpose sports stadia
within their boundaries. Counties and cities are also authorized, through their governing authorities, to purchase, lease,
condemn, or otherwise acquire property, real or personal; to
construct, improve, maintain and equip buildings or other
structures; and expend moneys for investigations, planning,
operations, and maintenance necessary for such participation.
The cost of any such acquisition, condemnation, construction, improvement, maintenance, equipping, investigations, planning, operation, or maintenance necessary for such
participation may be paid for by appropriation of moneys
available therefor, gifts, or wholly or partly from the proceeds of revenue bonds as the governing authority may determine. [1967 c 166 § 3.]
not inconsistent with this chapter shall apply to the issuance
and retirement of any such revenue bonds. [1967 c 166 § 4.]
67.30.040 Power to appropriate and raise moneys.
The governing body having power to appropriate moneys
within any county or city for the purpose of purchasing, condemning, leasing or otherwise acquiring property, constructing, improving, maintaining, and equipping buildings or
other structures, and the investigations, planning, operation
or maintenance necessary to participation in any such all-purpose or multipurpose sports stadium, is hereby authorized to
appropriate and cause to be raised by taxation or otherwise
moneys sufficient to carry out such purpose. [1967 c 166 §
5.]
67.30.040
67.30.050 Powers additional and supplemental to
other laws. The powers and authority conferred upon counties and cities under the provisions of this chapter, shall be
construed as in addition and supplemental to powers or
authority conferred by any other law, and nothing contained
herein shall be construed as limiting any other such powers or
authority. [1967 c 166 § 6.]
67.30.050
67.30.900 Severability—1967 c 166. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1967 c 166 § 7.]
67.30.900
Chapter 67.38
(2006 Ed.)
Chapter 67.38 RCW
CULTURAL ARTS, STADIUM AND
CONVENTION DISTRICTS
Sections
67.38.010
67.38.020
67.38.030
67.38.040
67.38.050
67.38.060
67.38.070
67.30.030
67.30.030 Issuance of revenue bonds—Limitations—
Retirement. Any revenue bonds to be issued by any county
or city pursuant to the provisions of this chapter, shall be
authorized and issued in the manner prescribed by the laws of
this state for the issuance and authorization of bonds thereof
for public purposes generally: PROVIDED, That the bonds
shall not be issued for a period beyond the life of the
improvement to be acquired by the use of the bonds.
The bonding authority authorized for the purposes of this
chapter shall be limited to the issuance of revenue bonds payable from a special fund or funds created solely from revenues derived from the facility. The owners and holders of
such bonds shall have a lien and charge against the gross revenue of the facility. Such revenue bonds and the interest
thereon against such fund or funds shall be a valid claim of
the holders thereof only as against such fund or funds and the
revenue pledged therefor, and shall not constitute a general
indebtedness of the municipality. The governing authority of
any county or city may by ordinance take such action as may
be necessary and incidental to the issuance of such bonds and
the retirement thereof. The provisions of chapter 36.67 RCW
67.38.010
67.38.080
67.38.090
67.38.100
67.38.110
67.38.115
67.38.120
67.38.130
67.38.140
67.38.150
67.38.160
67.38.900
67.38.905
Purpose.
Definitions.
Cultural arts, stadium and convention district—Creation.
Multicounty district—Creation.
Governing body.
Comprehensive plan—Development—Elements.
Comprehensive plan—Review—Approval or disapproval—
Resubmission.
Annexation election.
District as quasi municipal corporation—General powers.
Additional powers.
Issuance of general obligation bonds—Maturity—Excess levies.
Community revitalization financing—Public improvements.
Revenue bonds—Issuance, sale, term, payment.
Cultural arts, stadium and convention district tax levies.
Contribution of sums for limited purposes.
Treasurer and auditor—Bond—Duties—Funds—Depositaries.
Dissolution and liquidation.
Captions not law—1982 1st ex.s. c 22.
Severability—1982 1st ex.s. c 22.
67.38.010 Purpose. The legislature finds that expansion of a cultural tourism would attract new visitors to our
state and aid the development of a nonpolluting industry. The
creation or renovation, and operation of cultural arts, stadium
and convention facilities benefiting all the citizens of this
state would enhance the recreational industry’s ability to
attract such new visitors. The additional income and employment resulting therefrom would strengthen the economic
base of the state.
67.38.010
[Title 67 RCW—page 31]
67.38.020
Title 67 RCW: Sports and Recreation—Convention Facilities
It is declared that the construction, modification, renovation, and operation of facilities for cultural arts, stadium and
convention uses will enhance the progress and economic
growth of this state. The continued growth and development
of this recreational industry provides for the general welfare
and is an appropriate matter of concern to the people of the
state of Washington. [1982 1st ex.s. c 22 § 1.]
67.38.020
67.38.020 Definitions. Unless the context clearly indicates otherwise, for the purposes of this chapter the following
definitions shall apply:
(1) "Cultural arts, stadium and convention district," or
"district," means a quasi municipal corporation of the state of
Washington created pursuant to this chapter.
(2) "Component city" means an incorporated city within
a public cultural arts, stadium and convention benefit area.
(3) "City" means any city or town.
(4) "City council" means the legislative body of any city.
(5) "Municipality" means a port district, public school
district or community college district. [1982 1st ex.s. c 22 §
2.]
67.38.030
67.38.030 Cultural arts, stadium and convention district—Creation. (1) The process to create a cultural arts,
stadium and convention district may be initiated by:
(a) The adoption of a resolution by the county legislative
authority calling for a public hearing on the proposed creation of such a district and delineating proposed boundaries
of the district; or
(b) The governing bodies of two or more cities located
within the same county adopting resolutions calling for a
public hearing on the proposed creation of such a district and
delineating proposed boundaries of such a district: PROVIDED, That this method may not be used more frequently
than once in any twelve month period in the same county; or
(c) The filing of a petition with the county legislative
authority, calling for a public hearing on the proposed creation of such a district and delineating proposed boundaries
of the district, that is signed by at least ten percent of the registered voters residing in the proposed district at the last general election. Such signatures will be certified by the county
auditor or the county elections department.
(2) Within sixty days of the adoption of such resolutions,
or presentation of such a petition, the county legislative
authority shall hold a public hearing on the proposed creation
of such a district. Notice of the hearing shall be published at
least once a week for three consecutive weeks in one or more
newspapers of general circulation within the proposed
boundaries of the district. The notice shall include a general
description and map of the proposed boundaries. Additional
notice shall also be mailed to the governing body of each city
and municipality located all or partially within the proposed
district. At such hearing, or any continuation thereof, any
interested party may appear and be heard on the formation of
the proposed district.
The county legislative authority shall delete the area
included within the boundaries of a city from the proposed
district if prior to the public hearing the city submits to the
county legislative authority a copy of an adopted resolution
requesting its deletion from the proposed district. The county
[Title 67 RCW—page 32]
legislative authority may delete any other areas from the proposed boundaries. Additional territory may be included
within the proposed boundaries, but only if such inclusion is
subject to a subsequent hearing, with notice provided in the
same manner as for the original hearing.
(3) A proposition to create a cultural arts, stadium and
convention district shall be submitted to the voters of the proposed district within two years of the adoption of a resolution
providing for such submittal by the county legislative authority at the conclusion of such hearings. The resolution shall
establish the boundaries of the district and include a finding
that the creation of the district is in the public interest and that
the area included within the district can reasonably be
expected to benefit from its creation. No portion of a city
may be included in such a district unless the entire city is
included. The boundaries of such a district shall follow
school district or community college boundaries in as far as
practicable.
(4) The proposition to create a cultural arts, stadium and
convention district shall be submitted to the voters of the proposed district at the next general election held sixty or more
days after the adoption of the resolution. The district shall be
created upon approval of the proposition by simple majority
vote. The ballot proposition submitted to the voters shall be
in substantially the following form:
FORMATION OF CULTURAL ARTS,
STADIUM AND CONVENTION
DISTRICT . . . . . .
Shall a cultural arts, stadium and convention district be established for the area described in a resolution of the legislative
authority of . . . . . . county, adopted on the . . . . day of
. . . . . ., 19. . .?
[1982 1st ex.s. c 22 § 3.]
67.38.040 Multicounty district—Creation. A joint
hearing by the legislative authorities of two or more counties
on the proposed creation of a cultural arts, stadium and convention district including areas within such counties may be
held as provided herein:
(1) The process to initiate such a hearing shall be identical with the process provided in RCW 67.38.030(1), except a
resolution of all the legislative authorities of each county
with territory proposed to be included shall be necessary.
(2) No territory may be added to or deleted from such a
proposed district, except by action of the county legislative
authority of the county within whose boundaries the territory
lies pursuant to the process provided in RCW 67.38.030.
(3) The resolutions shall each contain identical provisions concerning the governing body, as delineated in RCW
67.38.050. [1982 1st ex.s. c 22 § 4.]
67.38.040
67.38.050
67.38.050 Governing body. The number of persons on
the governing body of the district and how such persons shall
be selected and replaced shall be included in the resolution of
the county legislative authority providing for the submittal of
the proposition to create the district to the voters. Members of
the governing body may only consist of a combination of city
council members or mayors of the city or cities included
within the district, members of the county legislative author(2006 Ed.)
Cultural Arts, Stadium and Convention Districts
ity, the county executive of a county operating under a home
rule charter, elected members of the governing bodies of
municipalities located within the district, and members of the
board of regents of a community college district. No governing body may consist of more than nine members. The resolution may also provide for additional, ex officio, nonvoting
members consisting of elected officials or appointed officials
from the counties, cities, or municipalities which are located
all or partially within the boundaries of such a district and
who [which] do not have elected or appointed officials sitting
on the governing body.
Any member of the governing body, or any ex officio
member, who is not an elective official whose office is a fulltime position may be reimbursed for reasonable expenses
actually incurred in attending meetings or engaging in other
district business as provided in RCW 42.24.090. [1982 1st
ex.s. c 22 § 5.]
67.38.060
67.38.060 Comprehensive plan—Development—Elements. The cultural arts, stadium and convention district, as
authorized in this chapter, shall develop a comprehensive cultural arts, stadium and convention plan for the district. Such
plan shall include, but not be limited to the following elements:
(1) The levels of cultural arts, stadium and convention
services that can be reasonably provided for various portions
of the district.
(2) The funding requirements, including local tax
sources or federal funds, necessary to provide various levels
of service within the district.
(3) The impact of such a service on other cultural arts,
stadium and convention systems operating within that county
or adjacent counties. [1982 1st ex.s. c 22 § 6.]
67.38.070
67.38.070 Comprehensive plan—Review—Approval
or disapproval—Resubmission. The comprehensive cultural arts, stadium and convention plan adopted by the district
shall be reviewed by the department of community, trade,
and economic development to determine:
(1) Whether the plan will enhance the progress of the
state and provide for the general welfare of the population;
and
(2) Whether such plan is eligible for matching federal
funds.
After reviewing the comprehensive cultural arts, stadium
and convention plan, the department of community, trade,
and economic development shall have sixty days in which to
approve such plan and to certify to the state treasurer that
such district shall be eligible to receive funds. To be
approved a plan shall provide for coordinated cultural arts,
stadium and convention planning, and be consistent with the
public cultural arts, stadium and convention coordination criteria in a manner prescribed by chapter 35.60 RCW. In the
event such comprehensive plan is disapproved and ruled ineligible to receive funds, the department of community, trade,
and economic development shall provide written notice to the
district within thirty days as to the reasons for such plan’s disapproval and such ineligibility. The district may resubmit
such plan upon reconsideration and correction of such defi(2006 Ed.)
67.38.100
ciencies cited in such notice of disapproval. [1995 c 399 §
167; 1985 c 6 § 22; 1982 1st ex.s. c 22 § 7.]
67.38.080
67.38.080 Annexation election. An election to authorize the annexation of contiguous territory to a cultural arts,
stadium and convention district may be submitted to the voters of the area proposed to be annexed upon the passage of a
resolution of the governing body of the district. Approval by
simple majority vote shall authorize such annexation. [1982
1st ex.s. c 22 § 8.]
67.38.090
67.38.090 District as quasi municipal corporation—
General powers. A cultural arts, stadium and convention
district is a quasi municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1,
of the state Constitution, and a "taxing district" within the
meaning of Article VII, section 2, of the state Constitution. A
district shall constitute a body corporate and shall possess all
the usual powers of a corporation for public purpose. In addition to the powers specifically granted by this chapter, a district shall have all powers which are necessary to carry out
the purposes of this chapter. A cultural arts, stadium and convention district may contract with the United States or any
agency thereof, any state or agency thereof, any other cultural
arts, stadium and convention district, any county, city, metropolitan municipal corporation, special district, or governmental agency, within or without the state, and any private person, firm or corporation for the purpose of receiving gifts or
grants or securing loans or advances for preliminary planning
and feasibility studies, or for the design, construction or renovation or operation of cultural arts, stadium and convention
facilities. In addition, a district may contract with any governmental agency or with any private person, firm or corporation for the use by either contracting party of all or any part
of the facilities, structures, lands, interests in lands, air rights
over lands and rights of way of all kinds which are owned,
leased or held by the other party and for the purpose of planning, constructing or operating any facility or performing any
service which the cultural arts, stadium and convention district may be authorized to operate or perform, on such terms
as may be agreed upon by the contracting parties. Before any
contract for the lease or operation of any cultural arts, stadium and convention district facilities shall be let to any private person, firm or corporation, competitive bids shall be
called upon such notice, bidder qualifications and bid conditions as the district shall determine.
A district may sue and be sued in its corporate capacity
in all courts and in all proceedings. [1982 1st ex.s. c 22 § 9.]
67.38.100
67.38.100 Additional powers. The governing body of
a cultural arts, stadium and convention district shall have the
following powers in addition to the general powers granted
by this chapter:
(1) To prepare, adopt and carry out a general comprehensive plan for cultural arts, stadium and convention service
which will best serve the residents of the district and to
amend said plan from time to time to meet changed conditions and requirements.
(2) To acquire by purchase, gift or grant and to lease,
convey, construct, add to, improve, replace, repair, maintain,
[Title 67 RCW—page 33]
67.38.110
Title 67 RCW: Sports and Recreation—Convention Facilities
and operate cultural arts, stadium and convention facilities
and properties within the district, including portable and
mobile facilities and parking facilities and properties and
such other facilities and properties as may be necessary for
passenger and vehicular access to and from such facilities and
properties, together with all lands, rights of way, property,
equipment and accessories necessary for such systems and
facilities. Cultural arts, stadium and convention facilities and
properties which are presently owned by any component city,
county or municipality may be acquired or used by the district only with the consent of the legislative authority, council
or governing body of the component city, county or municipality owning such facilities. A component city, county or
municipality is hereby authorized to convey or lease such
facilities to a district or to contract for their joint use on such
terms as may be fixed by agreement between the component
city, county or municipality and the district, without submitting the matter to the voters of such component city, county
or municipality.
(3) To fix rates and charges for the use of such facilities.
[1982 1st ex.s. c 22 § 10.]
67.38.110
67.38.110 Issuance of general obligation bonds—
Maturity—Excess levies. To carry out the purpose of this
chapter, any cultural arts, stadium and convention district
shall have the power to issue general obligation bonds for
capital purposes only, not to exceed an amount, together with
any outstanding nonvoter approved general obligation
indebtedness equal to three-eighths of one percent of the
value of taxable property within such district, as the term
"value of taxable property" is defined in RCW 39.36.015. A
cultural arts, stadium and convention district is additionally
authorized to issue general obligation bonds for capital purposes only, together with any outstanding general obligation
indebtedness, not to exceed an amount equal to three-fourths
of one percent of the value of the taxable property within the
district, as the term "value of taxable property" is defined in
RCW 39.36.015, and to provide for the retirement thereof by
excess levies when the voters approve a ballot proposition
providing for both the bond issuance and imposition of such
levies at a special election called for that purpose in the manner prescribed by section 6, Article VIII and section 2, Article
VII of the Constitution and by RCW 84.52.056. Elections
shall be held as provided in RCW 39.36.050. General obligation bonds may not be issued with maturities in excess of
forty years. Such bonds shall be issued and sold in accordance with chapter 39.46 RCW. [1984 c 186 § 57; 1983 c
167 § 169; 1982 1st ex.s. c 22 § 11.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
67.38.115
67.38.115 Community revitalization financing—
Public improvements. In addition to other authority that a
cultural arts, stadium, and convention center district possesses, a cultural arts, stadium, and convention center district
may provide any public improvement as defined under RCW
39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050.
[Title 67 RCW—page 34]
This section does not limit the authority of a cultural arts,
stadium, and convention center district to otherwise participate in the public improvements if that authority exists elsewhere. [2001 c 212 § 20.]
Severability—2001 c 212: See RCW 39.89.902.
67.38.120 Revenue bonds—Issuance, sale, term, payment. (1) To carry out the purposes of this chapter, the cultural arts, stadium and convention district shall have the
power to issue revenue bonds: PROVIDED, That the district
governing body shall create or have created a special fund or
funds for the sole purpose of paying the principal of and
interest on the bonds of each such issue, into which fund or
funds the governing body may obligate the district to pay
such amounts of the gross revenue of all or any part of the
facilities constructed, acquired, improved, repaired or
replaced pursuant to this chapter, as the governing body shall
determine: PROVIDED FURTHER, That the principal of
and interest on such bonds shall be payable only out of such
special fund or funds, and the owners of such bonds shall
have a lien and charge against the gross revenue pledged to
such fund. Such bonds may be in any form, including bearer
bonds or registered bonds as provided in RCW 39.46.030.
The governing body of a district shall have such further
powers and duties in carrying out the purposes of this chapter
as provided in RCW 67.28.160.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 170; 1982 1st ex.s. c 22 § 12.]
67.38.120
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
67.38.130 Cultural arts, stadium and convention district tax levies. The governing body of a cultural arts, stadium and convention district may levy or cause to levy the
following ad valorem taxes:
(1) Regular ad valorem property tax levies in an amount
equal to twenty-five cents or less per thousand dollars of the
assessed value of property in the district in each year for six
consecutive years when specifically authorized so to do by a
majority of at least three-fifths of the electors thereof approving a proposition authorizing the levies submitted at a general
or special election, at which election the number of persons
voting "yes" on the proposition shall constitute three-fifths of
a number equal to forty percentum of the total votes cast in
such taxing district at the last preceding general election; or
by a majority of at least three-fifths of the electors thereof
voting on the proposition when the number of electors voting
yes on the proposition exceeds forty percentum of the total
votes cast in such taxing district in the last preceding general
election. Ballot propositions shall conform with *RCW
29.30.111.
In the event a cultural arts, stadium and convention district is levying property taxes, which in combination with
property taxes levied by other taxing districts subject to the
one percent limitation provided for in Article VII, section 2,
of our state Constitution result in taxes in excess of the limitation provided for in RCW 84.52.043, the cultural arts, stadium and convention district property tax levy shall be
reduced or eliminated before the property tax levies of other
taxing districts are reduced: PROVIDED, That no cultural
67.38.130
(2006 Ed.)
Cultural Arts, Stadium and Convention Districts
arts, stadium, and convention district may pledge anticipated
revenues derived from the property tax herein authorized as
security for payments of bonds issued pursuant to subsection
(1) of this section: PROVIDED, FURTHER, That such limitation shall not apply to property taxes approved pursuant to
subsections (2) and (3) of this section.
The limitation in RCW 84.55.010 shall apply to levies
after the first levy authorized under this section following the
approval of such levy by voters pursuant to this section.
(2) An annual excess ad valorem property tax for general
district purposes when authorized by the district voters in the
manner prescribed by section 2, Article VII of the Constitution and by RCW 84.52.052.
(3) Multi-year excess ad valorem property tax levies
used to retire general obligation bond issues when authorized
by the district voters in the manner prescribed by section 2,
Article VII of the Constitution and by RCW 84.52.056.
The district shall include in its regular property tax levy
for each year a sum sufficient to pay the interest and principal
on all outstanding general obligation bonds issued without
voter approval pursuant to RCW 67.38.110 and may include
a sum sufficient to create a sinking fund for the redemption of
all outstanding bonds. [1984 c 131 § 4; 1982 1st ex.s. c 22 §
13.]
*Reviser’s note: RCW 29.30.111 was recodified as RCW 29A.36.210
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1984 c 131 §§ 3-9: See note following RCW 29A.36.210.
67.38.140 Contribution of sums for limited purposes.
The county or counties and each component city included in
the district collecting or planning to collect the hotel/motel
tax under chapter 67.28 RCW may contribute such revenue in
such manner as shall be agreed upon between them, consistent with this chapter and chapter 67.28 RCW. [1997 c 452 §
18; 1982 1st ex.s. c 22 § 14.]
67.38.140
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
67.38.150 Treasurer and auditor—Bond—Duties—
Funds—Depositaries. Unless the cultural arts, stadium and
convention district governing body, by resolution, designates
some other person having experience in financial or fiscal
matters as treasurer of the district, the treasurer of the county
in which a cultural arts, stadium and convention district is
located shall be ex officio treasurer of the district: PROVIDED, That in the case of a multicounty cultural arts, stadium and convention district, the county treasurer of the
county with the greatest amount of area within the district
shall be the ex officio treasurer of the district. The district
may, and if the treasurer is not a county treasurer shall,
require a bond for such treasurer with a surety company
authorized to do business in the state of Washington, in an
amount and under the terms and conditions as agreed to by
the district, by resolution, in such amount from time to time
which will protect the authority against loss. The premium on
any such bond shall be paid by the authority.
All district funds shall be paid to the treasurer and shall
be disbursed by the treasurer only on warrants issued by an
auditor appointed by the district, upon orders or vouchers
approved by the governing body. The treasurer shall establish
67.38.150
(2006 Ed.)
67.38.900
a "cultural arts, stadium and convention fund," into which
shall be paid district funds as provided in RCW 67.38.140
and the treasurer shall maintain such special funds as may be
created by the governing body into which said treasurer shall
place all moneys as the governing body may, by resolution,
direct.
If the treasurer of the district is a treasurer of the county,
all district funds shall be deposited with the county depositary under the same restrictions, contracts, and security as
provided for county depositaries; the county auditor of such
county shall keep the records of the receipts and disbursements, and shall draw, and such county treasurer shall honor
and pay all warrants, which shall be approved before issuance
and payment as directed by the district. [1982 1st ex.s. c 22 §
15.]
67.38.160
67.38.160 Dissolution and liquidation. A cultural arts,
stadium and convention district established in accordance
with this chapter shall be dissolved and its affairs liquidated
by either of the following methods:
(1) When so directed by a majority of persons in the district voting on such question. An election placing such question before the voters may be called in the following manner:
(a) By resolution of the cultural arts, stadium and convention district governing authority;
(b) By resolution of the county legislative body or bodies
with the concurrence therein by resolution of the city council
of a component city; or
(c) By petition calling for such election signed by at least
ten percent of the qualified voters residing within the district
filed with the auditor of the county wherein the largest portion of the district is located. The auditor shall examine the
same and certify to the sufficiency of the signatures thereon:
PROVIDED, That to be validated, signatures must have been
collected within a ninety-day period as designated by the
petition sponsors.
With dissolution of the district, any outstanding obligations and bonded indebtedness of the district shall be satisfied
or allocated by mutual agreement to the county or counties
and component cities of the cultural arts, stadium and convention district.
(2) By submission of a petition signed by at least twothirds of the legislative bodies who have representatives on
the district governing body for an order of dissolution to the
superior court of a county of the district. All of the signatures
must have been collected within one hundred twenty days of
the date of submission to the court. The procedures for dissolution provided in RCW 53.48.030 through 53.48.120 shall
apply, except that the balance of any assets, after payment of
all costs and expenses, shall be divided among the county or
counties and component cities of the district on a per capita
basis. Any duties to be performed by a county official pursuant to RCW 53.48.030 through 53.48.120 shall be performed
by the relevant official of the county in which the petition for
dissolution is filed. [1999 c 254 § 1; 1982 1st ex.s. c 22 § 16.]
67.38.900
67.38.900 Captions not law—1982 1st ex.s. c 22. Section captions as used in this amendatory act shall not be construed as and do not constitute any part of the law. [1982 1st
ex.s. c 22 § 19.]
[Title 67 RCW—page 35]
67.38.905
Title 67 RCW: Sports and Recreation—Convention Facilities
67.38.905
67.38.905 Severability—1982 1st ex.s. c 22. If any
provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not affected. [1982 1st ex.s. c 22 § 21.]
Chapter 67.40 RCW
CONVENTION AND TRADE FACILITIES
Chapter 67.40
Sections
67.40.010
67.40.020
67.40.025
67.40.027
67.40.030
67.40.040
67.40.045
67.40.050
67.40.055
67.40.060
67.40.070
67.40.080
67.40.090
67.40.100
67.40.105
67.40.110
67.40.120
67.40.130
67.40.140
67.40.150
67.40.160
67.40.170
67.40.180
67.40.190
67.40.900
67.40.901
Legislative finding.
State convention and trade center—Public nonprofit corporation authorized—Board of directors—Powers and duties.
State convention and trade center operations account—Operating revenues—Expenditures.
Compensation and travel expenses of board members.
General obligation bonds—Authorized—Appropriation
required.
Deposit of proceeds in state convention and trade center
account and appropriate subaccounts—Credit against future
borrowings—Use.
Authorization to borrow from state treasury for project completion costs—Limits—"Project completion" defined—Legislative intent—Application.
Administration of proceeds.
Transfer of funds to account—Repayment of borrowed funds
with interest.
Retirement of bonds from nondebt-limit proprietary appropriated bond retirement account—Transfer from accounts—
Pledge and promise—Remedies of bondholders.
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for public funds.
Lodging tax imposed in King county—Rates—Proceeds.
Limitation on license fees and taxes on hotels, motels, rooming houses, trailer camps, etc.
Exemption from tax—Emergency lodging for homeless persons—Conditions.
Use of revenues from convention and trade center facilities
excise tax by cities for professional sports franchise facilities
limited.
Contracts for marketing facility and services.
Convention and trade facilities—Tax on transient lodging
authorized—Rates.
Convention and trade facilities—Remittance of tax—Credit.
Convention and trade facilities—Contract of administration
and collection to department of revenue—Disposition of
tax—Procedure.
Convention and trade facilities—Tax on construction—Disposition.
Convention and trade facilities—Use of collected taxes.
Convention and trade facilities—Use of funds—Acceptance
by board of directors of funding commitment.
Convention and trade facilities—Use of funds—Encumbered
revenue.
Severability—1982 c 34.
Severability—1988 ex.s. c 1.
Tax changes: RCW 82.14.055.
Tax rate calculation errors: RCW 82.32.430.
67.40.010
67.40.010 Legislative finding. The legislature finds
and declares as the express purpose of this chapter:
(1) The convention and trade show business will provide
both direct and indirect civic and economic benefits to the
people of the state of Washington.
(2) The location of a state convention and trade center in
the city of Seattle will particularly benefit and increase the
occupancy of larger hotels and other lodging facilities in the
city of Seattle and to a lesser extent in King county.
(3) Imposing a special excise tax on the price of lodging
in Seattle, and at a lower rate elsewhere in King county, is an
appropriate method of paying for a substantial part of the cost
[Title 67 RCW—page 36]
of constructing, maintaining, and operating a state convention and trade center. [1983 2nd ex.s. c 1 § 1; 1982 c 34 § 1.]
67.40.020
67.40.020 State convention and trade center—Public
nonprofit corporation authorized—Board of directors—
Powers and duties. (1) The governor is authorized to form a
public nonprofit corporation in the same manner as a private
nonprofit corporation is formed under chapter 24.03 RCW.
The public corporation shall be an instrumentality of the state
and have all the powers and be subject to the same restrictions as are permitted or prescribed to private nonprofit corporations, but shall exercise those powers only for carrying
out the purposes of this chapter and those purposes necessarily implied therefrom. The governor shall appoint a board of
nine directors for the corporation who shall serve terms of six
years, except that two of the original directors shall serve for
two years and two of the original directors shall serve for four
years. After January 1, 1991, at least one position on the
board shall be filled by a member representing management
in the hotel or motel industry subject to taxation under RCW
67.40.090. The directors may provide for the payment of
their expenses. The corporation may acquire, construct,
expand, and improve the state convention and trade center
within the city of Seattle. Notwithstanding the provisions of
subsection (2) of this section, the corporation may acquire,
lease, sell, or otherwise encumber property rights, including
but not limited to development or condominium rights,
deemed by the corporation as necessary for facility expansion.
(2) The corporation may acquire and transfer real and
personal property by lease, sublease, purchase, or sale, and
further acquire property by condemnation of privately owned
property or rights to and interests in such property pursuant to
the procedure in chapter 8.04 RCW. However, acquisitions
and transfers of real property, other than by lease, may be
made only if the acquisition or transfer is approved by the
director of financial management in consultation with the
chairpersons of the appropriate fiscal committees of the senate and house of representatives. The corporation may accept
gifts or grants, request the financing provided for in RCW
67.40.030, cause the state convention and trade center facilities to be constructed, and do whatever is necessary or appropriate to carry out those purposes. Upon approval by the
director of financial management in consultation with the
chairpersons of the appropriate fiscal committees of the
house of representatives and the senate, the corporation may
enter into lease and sublease contracts for a term exceeding
the fiscal period in which these lease and sublease contracts
are made. The terms of sale or lease of properties acquired by
the corporation on February 9, 1987, pursuant to the property
purchase and settlement agreement entered into by the corporation on June 12, 1986, including the McKay parcel which
the corporation is contractually obligated to sell under that
agreement, shall also be subject to the approval of the director of financial management in consultation with the chairpersons of the appropriate fiscal committees of the house of
representatives and the senate. No approval by the director of
financial management is required for leases of individual
retail space, meeting rooms, or convention-related facilities.
In order to allow the corporation flexibility to secure appropriate insurance by negotiation, the corporation is exempt
(2006 Ed.)
Convention and Trade Facilities
from RCW 48.30.270. The corporation shall maintain, operate, promote, and manage the state convention and trade center.
(3) In order to allow the corporation flexibility in its personnel policies, the corporation is exempt from chapter 41.06
RCW, chapter 41.05 RCW, RCW 43.01.040 through
43.01.044, chapter 41.04 RCW and chapter 41.40 RCW.
[1995 c 386 § 12; 1993 c 500 § 9; 1988 ex.s. c 1 § 1; 1987 1st
ex.s. c 8 § 2; 1984 c 210 § 1; 1983 2nd ex.s. c 1 § 2; 1982 c
34 § 2.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Severability—1987 1st ex.s. c 8: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 1st ex.s. c 8 § 17.]
Savings—1984 c 210: "This act shall not terminate or modify any right
acquired under a contract of employment in existence prior to March 27,
1984." [1984 c 210 § 7.]
Severability—1984 c 210: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 210 § 8.]
67.40.025
67.40.025 State convention and trade center operations account—Operating revenues—Expenditures. All
operating revenues received by the corporation formed under
RCW 67.40.020 shall be deposited in the state convention
and trade center operations account, hereby created in the
state treasury. Moneys in the account, including unanticipated revenues under RCW 43.79.270, may be spent only
after appropriation by statute, and may be used only for operation and promotion of the center.
Subject to approval by the office of financial management under RCW 43.88.260, the corporation may expend
moneys for operational purposes in excess of the balance in
the account, to the extent the corporation receives or will
receive additional operating revenues.
As used in this section, "operating revenues" does not
include any moneys required to be deposited in the state convention and trade center account. [1988 ex.s. c 1 § 2; 1987
1st ex.s. c 8 § 3; 1985 c 233 § 2.]
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
67.40.027
67.40.027 Compensation and travel expenses of
board members. Members of the board shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for travel expenses under RCW 43.03.050 and
43.03.060. [1985 c 233 § 3.]
Reimbursement for out-of-state travel expenses incurred by employees of
state convention and trade center: RCW 43.03.062.
67.40.030
67.40.030 General obligation bonds—Authorized—
Appropriation required. For the purpose of providing
funds for the state convention and trade center, the state
finance committee is authorized to issue, upon request of the
corporation formed under RCW 67.40.020 and in one or
more offerings, general obligation bonds of the state of
Washington in the sum of one hundred sixty million, seven
hundred sixty-five thousand dollars, or so much thereof as
(2006 Ed.)
67.40.040
may be required, to finance this project and all costs incidental thereto, to capitalize all or a portion of interest during construction, to provide for expansion, renovation, exterior
cleanup and repair of the Eagles building, conversion of various retail and other space to meeting rooms, and contingency
costs of the center, purchase of the McKay Parcel as defined
in the property and purchase agreement entered into by the
corporation on June 12, 1986, development of low-income
housing and to reimburse the general fund for expenditures in
support of the project. The state finance committee may make
such bond covenants as it deems necessary to carry out the
purposes of this section and this chapter. No bonds authorized in this section may be offered for sale without prior legislative appropriation. [1990 c 181 § 1; 1988 ex.s. c 1 § 3;
1987 1st ex.s. c 3 § 12; 1985 c 233 § 1; 1983 2nd ex.s. c 1 §
3; 1982 c 34 § 3.]
Severability—1987 1st ex.s. c 3: See RCW 43.99G.901.
67.40.040
67.40.040 Deposit of proceeds in state convention and
trade center account and appropriate subaccounts—
Credit against future borrowings—Use. (1) The proceeds
from the sale of the bonds authorized in RCW 67.40.030,
proceeds of the taxes imposed under RCW 67.40.090 and
67.40.130, and all other moneys received by the state convention and trade center from any public or private source which
are intended to fund the acquisition, design, construction,
expansion, exterior cleanup and repair of the Eagles building,
conversion of various retail and other space to meeting
rooms, purchase of the land and building known as the
McKay Parcel, development of low-income housing, or renovation of the center, and those expenditures authorized
under RCW 67.40.170 shall be deposited in the state convention and trade center account hereby created in the state treasury and in such subaccounts as are deemed appropriate by
the directors of the corporation.
(2) Moneys in the account, including unanticipated revenues under RCW 43.79.270, shall be used exclusively for the
following purposes in the following priority:
(a) For reimbursement of the state general fund under
RCW 67.40.060;
(b) After appropriation by statute:
(i) For payment of expenses incurred in the issuance and
sale of the bonds issued under RCW 67.40.030;
(ii) For expenditures authorized in RCW 67.40.170;
(iii) For acquisition, design, and construction of the state
convention and trade center; and
(iv) For reimbursement of any expenditures from the
state general fund in support of the state convention and trade
center; and
(c) For transfer to the state convention and trade center
operations account.
(3) The corporation shall identify with specificity those
facilities of the state convention and trade center that are to be
financed with proceeds of general obligation bonds, the interest on which is intended to be excluded from gross income
for federal income tax purposes. The corporation shall not
permit the extent or manner of private business use of those
bond-financed facilities to be inconsistent with treatment of
such bonds as governmental bonds under applicable provisions of the Internal Revenue Code of 1986, as amended.
[Title 67 RCW—page 37]
67.40.045
Title 67 RCW: Sports and Recreation—Convention Facilities
(4) In order to ensure consistent treatment of bonds
authorized under RCW 67.40.030 with applicable provisions
of the Internal Revenue Code of 1986, as amended, and notwithstanding RCW 43.84.092, investment earnings on bond
proceeds deposited in the state convention and trade center
account in the state treasury shall be retained in the account,
and shall be expended by the corporation for the purposes
authorized under chapter 386, Laws of 1995 and in a manner
consistent with applicable provisions of the Internal Revenue
Code of 1986, as amended.
(5) During the 2005-2007 fiscal biennium, the legislature
may transfer from the state convention and trade center
account to the state general fund such amounts as reflect the
excess fund balance of the account. [2005 c 518 § 936; 2003
1st sp.s. c 25 § 929; 1995 c 386 § 13; 1991 sp.s. c 13 § 11;
1990 c 181 § 2; 1988 ex.s. c 1 § 4; 1987 1st ex.s. c 8 § 4; 1985
c 57 § 66; 1983 2nd ex.s. c 1 § 4; 1982 c 34 § 4.]
Severability—Effective date—2005 c 518: See notes following RCW
28A.305.210.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
Effective date—1985 c 57: See note following RCW 18.04.105.
67.40.045
67.40.045 Authorization to borrow from state treasury for project completion costs—Limits—"Project
completion" defined—Legislative intent—Application.
(1) The director of financial management, in consultation
with the chairpersons of the appropriate fiscal committees of
the senate and house of representatives, may authorize temporary borrowing from the state treasury for the purpose of
covering cash deficiencies in the state convention and trade
center account resulting from project completion costs. Subject to the conditions and limitations provided in this section,
lines of credit may be authorized at times and in amounts as
the director of financial management determines are advisable to meet current and/ or anticipated cash deficiencies.
Each authorization shall distinctly specify the maximum
amount of cash deficiency which may be incurred and the
maximum time period during which the cash deficiency may
continue. The total amount of borrowing outstanding at any
time shall never exceed the lesser of:
(a) $58,275,000; or
(b) An amount, as determined by the director of financial
management from time to time, which is necessary to provide
for payment of project completion costs.
(2) Unless the due date under this subsection is extended
by statute, all amounts borrowed under the authority of this
section shall be repaid to the state treasury by June 30, 1999,
together with interest at a rate determined by the state treasurer to be equivalent to the return on investments of the state
treasury during the period the amounts are borrowed. Borrowing may be authorized from any excess balances in the
state treasury, except the agricultural permanent fund, the
Millersylvania park permanent fund, the state university permanent fund, the normal school permanent fund, the permanent common school fund, and the scientific permanent fund.
[Title 67 RCW—page 38]
(3) As used in this section, "project completion" means:
(a) All remaining development, construction, and administrative costs related to completion of the convention center;
and
(b) Costs of the McKay building demolition, Eagles
building rehabilitation, development of low-income housing,
and construction of rentable retail space and an operable
parking garage.
(4) It is the intent of the legislature that project completion costs be paid ultimately from the following sources:
(a) $29,250,000 to be received by the corporation under
an agreement and settlement with Industrial Indemnity Co.;
(b) $1,070,000 to be received by the corporation as a
contribution from the city of Seattle;
(c) $20,000,000 from additional general obligation
bonds to be repaid from the special excise tax under RCW
67.40.090;
(d) $4,765,000 for contingencies and project reserves
from additional general obligation bonds to be repaid from
the special excise tax under RCW 67.40.090;
(e) $13,000,000 for conversion of various retail and
other space to meeting rooms, from additional general obligation bonds to be repaid from the special excise tax under
RCW 67.40.090;
(f) $13,300,000 for expansion at the 900 level of the
facility, from additional general obligation bonds to be repaid
from the special excise tax under RCW 67.40.090;
(g) $10,400,000 for purchase of the land and building
known as the McKay Parcel, for development of low-income
housing, for development, construction, and administrative
costs related to completion of the state convention and trade
center, including settlement costs related to construction litigation, and for partially refunding obligations under the parking garage revenue note issued by the corporation to Industrial Indemnity Company in connection with the agreement
and settlement identified in (a) of this subsection, from additional general obligation bonds to be repaid from the special
excise tax under RCW 67.40.090. All proceeds from any sale
of the McKay parcel shall be deposited in the state convention and trade center account and shall not be expended without appropriation by law;
(h) $300,000 for Eagles building exterior cleanup and
repair, from additional general obligation bonds to be repaid
from the special excise tax under RCW 67.40.090; and
(i) The proceeds of the sale of any properties owned by
the state convention and trade center that are not planned for
use for state convention and trade center operations, with the
proceeds to be used for development, construction, and
administrative costs related to completion of the state convention and trade center, including settlement costs related to
construction litigation.
(5) The borrowing authority provided in this section is in
addition to the authority to borrow from the general fund to
meet the bond retirement and interest requirements set forth
in RCW 67.40.060. To the extent the specific conditions and
limitations provided in this section conflict with the general
conditions and limitations provided for temporary cash deficiencies in RCW 43.88.260 (section 7, chapter 502, Laws of
1987), the specific conditions and limitations in this section
shall govern.
(2006 Ed.)
Convention and Trade Facilities
(6) For expenditures authorized under RCW 67.40.170,
the corporation may use the proceeds of the special excise tax
authorized under RCW 67.40.090, the sales tax authorized
under RCW 67.40.130, contributions to the corporation from
public or private participants, and investment earnings on any
of the funds listed in this subsection. [1995 c 386 § 14; 1993
sp.s. c 12 § 9; 1992 c 4 § 1; 1991 c 2 § 1; 1990 c 181 § 3; 1988
ex.s. c 1 § 9; 1987 1st ex.s. c 8 § 1.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
Severability—1993 sp.s. c 12: See RCW 43.99J.900.
Severability—1991 c 2: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1991 c 2 § 5.]
67.40.050
67.40.050 Administration of proceeds. The moneys
deposited pursuant to RCW 67.40.040 in the state convention
and trade center account of the general fund shall be administered by the corporation formed under RCW 67.40.020, subject to legislative appropriation. [1982 c 34 § 5.]
67.40.090
earnings on the investment of bond proceeds, for deposit in
the general fund of the state treasury. Any deficiency in such
transfer shall be made up as soon as special excise taxes are
available for transfer and shall constitute a continuing obligation of the state convention and trade center account until all
deficiencies are fully paid.
Bonds issued under RCW 67.40.030 shall state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [2005 c 487 § 9;
1997 c 456 § 25; 1987 1st ex.s. c 8 § 5; 1983 2nd ex.s. c 1 §
5; 1982 c 34 § 6.]
Severability—Effective date—2005 c 487: See RCW 43.99S.900 and
43.99S.901.
Severability—1997 c 456: See RCW 43.99L.900.
67.40.055
67.40.055 Transfer of funds to account—Repayment
of borrowed funds with interest. The state treasurer shall
from time to time transfer from the state general fund, or such
other funds as the state treasurer deems appropriate, to the
state convention and trade center operations account such
amounts as are necessary to fund appropriations from the
account, other than, after August 31, 1988, for appropriations for the purpose of marketing the facilities or services of
the state convention and trade center. All amounts borrowed
under the authority of this section shall be repaid to the
appropriate fund, together with interest at a rate determined
by the state treasurer to be equivalent to the return on investments of the state treasury during the period the amounts are
borrowed. [1988 ex.s. c 1 § 5; 1987 1st ex.s. c 8 § 11.]
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
67.40.070
67.40.070 Legislature may provide additional means
for payment of bonds. The legislature may increase the rate
of tax imposed in RCW 67.40.090 (1) and (2) or may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
67.40.030, and RCW 67.40.060 shall not be deemed to provide an exclusive method for the payment. [1982 c 34 § 7.]
67.40.080
67.40.080 Bonds legal investment for public funds.
The bonds authorized in RCW 67.40.030 shall be a legal
investment for all state funds or funds under state control and
for all funds of any other public body. [1982 c 34 § 8.]
67.40.060
67.40.060 Retirement of bonds from nondebt-limit
proprietary appropriated bond retirement account—
Transfer from accounts—Pledge and promise—Remedies of bondholders. The nondebt-limit proprietary appropriated bond retirement account shall be used for the payment
of the principal of and interest on the bonds authorized in
RCW 67.40.030.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount needed
in the ensuing twelve months to meet the bond retirement and
interest requirements. On each date on which any interest or
principal and interest payment is due, the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the nondebt-limit proprietary
appropriated bond retirement account an amount equal to the
amount certified by the state finance committee to be due on
that payment date. On each date on which any interest or
principal and interest is due, the state treasurer shall cause an
identical amount to be paid out of the state convention and
trade center account, or state convention and trade center
operations account, from the proceeds of the special excise
tax imposed under RCW 67.40.090, operating revenues of
the state convention and trade center, and bond proceeds and
(2006 Ed.)
67.40.090
67.40.090 Lodging tax imposed in King county—
Rates—Proceeds. (1) Commencing April 1, 1982, there is
imposed, and the department of revenue shall collect, in King
county a special excise tax on the sale of or charge made for
the furnishing of lodging that is subject to tax under chapter
82.08 RCW, except that no such tax may be levied on any
premises having fewer than sixty lodging units. The legislature on behalf of the state pledges to maintain and continue
this tax until the bonds authorized by this chapter are fully
redeemed, both principal and interest.
(2) The rate of the tax imposed under this section shall be
as provided in this subsection.
(a) From April 1, 1982, through December 31, 1982,
inclusive, the rate shall be three percent in the city of Seattle
and two percent in King county outside the city of Seattle.
(b) From January 1, 1983, through June 30, 1988, inclusive, the rate shall be five percent in the city of Seattle and
two percent in King county outside the city of Seattle.
(c) From July 1, 1988, through December 31, 1992,
inclusive, the rate shall be six percent in the city of Seattle
and two and four-tenths percent in King county outside the
city of Seattle.
[Title 67 RCW—page 39]
67.40.100
Title 67 RCW: Sports and Recreation—Convention Facilities
(d) From January 1, 1993, and until bonds and all other
borrowings authorized under RCW 67.40.030 are retired, the
rate shall be seven percent in the city of Seattle and two and
eight-tenths percent in King county outside the city of Seattle.
(e) Except as otherwise provided in (d) of this subsection, on and after the change date, the rate shall be six percent
in the city of Seattle and two and four-tenths percent in King
county outside the city of Seattle.
(f) As used in this section, "change date" means the
October 1st next occurring after certification occurs under (g)
of this subsection.
(g) On August 1st of 1998 and of each year thereafter
until certification occurs under this subsection, the state treasurer shall determine whether seventy-one and forty-three
one-hundredths percent of the revenues actually collected
and deposited with the state treasurer for the tax imposed
under this section during the twelve months ending June 30th
of that year, excluding penalties and interest, exceeds the
amount actually paid in debt service during the same period
for bonds issued under RCW 67.40.030 by at least two million dollars. If so, the state treasurer shall so certify to the
department of revenue.
(3) The proceeds of the special excise tax shall be deposited as provided in this subsection.
(a) Through June 30, 1988, inclusive, all proceeds shall
be deposited in the state convention and trade center account.
(b) From July 1, 1988, through December 31, 1992,
inclusive, eighty-three and thirty-three one-hundredths percent of the proceeds shall be deposited in the state convention
and trade center account. The remainder shall be deposited in
the state convention and trade center operations account.
(c) From January 1, 1993, until the change date, eightyfive and seventy-one-hundredths percent of the proceeds
shall be deposited in the state convention and trade center
account. The remainder shall be deposited in the state convention and trade center operations account.
(d) On and after the change date, eighty-three and thirtythree one-hundredths percent of the proceeds shall be deposited in the state convention and trade center account. The
remainder shall be deposited in the state convention and trade
center operations account.
(4) Chapter 82.32 RCW applies to the tax imposed under
this section. [2002 c 178 § 4; 1995 c 386 § 15; 1991 c 2 § 3;
1988 ex.s. c 1 § 6; 1987 1st ex.s. c 8 § 6; 1982 c 34 § 9.]
Retroactive application—Effective date—2002 c 178: See notes following RCW 67.28.180.
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
Severability—1991 c 2: See note following RCW 67.40.045.
Intent—1988 ex.s. c 1 § 6: "The legislature intends that the additional
revenue generated by the increase in the special excise tax from five to six
percent in the city of Seattle and from two percent to two and four-tenths percent in King county outside the city of Seattle be used for marketing the
facilities and services of the convention center, for promoting the locale as a
convention and visitor destination, and for related activities. Actual use of
these funds shall be determined through biennial appropriation by the legislature." [1988 ex.s. c 1 § 7.]
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
Special excise taxes authorized for public stadium, convention, performing
arts, visual arts, and tourism facilities: Chapter 67.28 RCW.
[Title 67 RCW—page 40]
67.40.100
67.40.100 Limitation on license fees and taxes on
hotels, motels, rooming houses, trailer camps, etc. Except
as provided in chapters 67.28 and 82.14 RCW and RCW
67.28.181, after January 1, 1983, no city, town, or county in
which the tax under RCW 67.40.090 is imposed may impose
a license fee or tax on the act or privilege of engaging in business to furnish lodging by a hotel, rooming house, tourist
court, motel, trailer camp, or similar facilities in excess of the
rate imposed upon other persons engaged in the business of
making sales at retail as that term is defined in chapter 82.04
RCW. [1997 c 452 § 15; 1990 c 242 § 1; 1988 ex.s. c 1 § 25;
1982 c 34 § 10.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Application—1990 c 242: "This 1990 amendment applies to all proceeds of the tax authorized under RCW 67.40.100(2), regardless of when
levied or collected." [1990 c 242 § 2.]
67.40.105
67.40.105 Exemption from tax—Emergency lodging
for homeless persons—Conditions. (1) The tax levied by
RCW 67.40.090 and the tax authorized under *RCW
67.40.100(2) shall not apply to emergency lodging provided
for homeless persons for a period of less than thirty consecutive days under a shelter voucher program administered by an
eligible organization.
(2) For the purposes of this exemption, an eligible organization includes only cities, towns, and counties, or their
respective agencies, and groups providing emergency food
and shelter services. [1988 c 61 § 3.]
*Reviser’s note: RCW 67.40.100 was amended by 1997 c 452 § 15,
which deleted subsection (2).
Effective date—1988 c 61: See note following RCW 82.08.0299.
67.40.110
67.40.110 Use of revenues from convention and trade
center facilities excise tax by cities for professional sports
franchise facilities limited. No city imposing the tax authorized under chapter 67.28 RCW may use the tax proceeds
directly or indirectly to acquire, construct, operate, or maintain facilities or land intended to be used by a professional
sports franchise if the county within which the city is located
uses the proceeds of its tax imposed under chapter 67.28
RCW to directly or indirectly acquire, construct, operate, or
maintain a facility used by a professional sports franchise.
[1997 c 452 § 19; 1987 1st ex.s. c 8 § 8.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Severability—1987 1st ex.s. c 8: See note following RCW 67.40.020.
67.40.120
67.40.120 Contracts for marketing facility and services. The state convention and trade center corporation may
contract with the Seattle-King county convention and visitors
bureau for marketing the convention and trade center facility
and services. [2002 c 182 § 1; 1997 c 452 § 20; 1991 c 336 §
2; 1988 ex.s. c 1 § 8.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Effective date—1991 c 336: See note following RCW 67.28.180.
(2006 Ed.)
Convention and Trade Facilities
67.40.130
67.40.130 Convention and trade facilities—Tax on
transient lodging authorized—Rates. (1) The governing
body of a city, while not required by legislative mandate to do
so, may, after July 1, 1995, by resolution or ordinance for the
purposes authorized under RCW 67.40.170 and 67.40.190,
fix and impose a sales tax on the charge for rooms to be used
for lodging by transients in accordance with the terms of
chapter 386, Laws of 1995. Such tax shall be collected from
those persons who are taxable by the state under RCW
67.40.090, but only those taxable persons located within the
boundaries of the city imposing the tax. The rate of such tax
imposed by a city shall be two percent of the charge for
rooms to be used for lodging by transients. Any such tax
imposed under this section shall not be collected prior to January 1, 2000. The tax authorized under this section shall be
levied and collected in the same manner as those taxes authorized under chapter 82.14 RCW. Penalties, receipts, abatements, refunds, and all other similar matters relating to the
tax shall be as provided in chapter 82.08 RCW.
(2) The tax levied under this section shall remain in
effect and not be modified for that period for which the principal and interest obligations of state bonds issued to finance
the expansion of the state convention and trade center under
RCW 67.40.030 remain outstanding.
(3) As used in this section, the term "city" means a
municipality that has within its boundaries a convention and
trade facility as defined in RCW 67.40.020. [1995 c 386 § 1.]
Severability—1995 c 386: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 386 § 17.]
Effective date—1995 c 386: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 16, 1995]." [1995 c 386 § 18.]
67.40.140
67.40.140 Convention and trade facilities—Remittance of tax—Credit. When remitting sales tax receipts to
the state under RCW 82.14.050, the city treasurer, or its designee, shall at the same time remit the sales taxes collected
under RCW 67.40.130 for the municipality. The sum so collected and paid over on behalf of the municipality shall be
credited against the amount of the tax otherwise due to the
state from those same taxpayers under RCW 82.08.020(1).
[1995 c 386 § 2.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
67.40.150
67.40.150 Convention and trade facilities—Contract
of administration and collection to department of revenue—Disposition of tax—Procedure. (1) The cities shall
contract, prior to the effective date of a resolution or ordinance imposing a sales tax under RCW 67.40.130, the administration and collection of the local option sales tax to the
state department of revenue at no cost to the municipality.
The tax authorized by chapter 386, Laws of 1995 which is
collected by the department of revenue shall be deposited by
the state into the account created under RCW 67.40.040 in
the state treasury.
(2) The sales tax authorized under RCW 67.40.130 shall
be due and payable in the same manner as those taxes authorized under RCW 82.14.030. [1995 c 386 § 3.]
(2006 Ed.)
67.40.190
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
67.40.160
67.40.160 Convention and trade facilities—Tax on
construction—Disposition. The state sales tax on construction performed under RCW 67.40.170 collected by the
department of revenue under chapter 82.08 RCW shall be
deposited by the state into the account created under RCW
67.40.040 in the state treasury. [1995 c 386 § 4.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
67.40.170
67.40.170 Convention and trade facilities—Use of
collected taxes. All taxes levied and collected under RCW
67.40.130 shall be credited to the state convention and trade
center account in the state treasury and used solely by the corporation formed under RCW 67.40.020 for the purpose of
paying all or any part of the cost associated with: The financing, design, acquisition, construction, equipping, operating,
maintaining, and reequipping of convention center facilities
related to the expansion recommended by the convention
center expansion and city facilities task force created under
section 148, chapter 6, Laws of 1994 sp. sess.; the acquisition, construction, and relocation costs of replacement housing; and the repayment of loans and advances from the state,
including loans authorized previously under this chapter, or
to pay or secure the payment of all or part of the principal of
or interest on any state bonds issued for purposes authorized
under this chapter. [1995 c 386 § 5.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
67.40.180
67.40.180 Convention and trade facilities—Use of
funds—Acceptance by board of directors of funding commitment. Upon May 16, 1995, the corporation may proceed
with preliminary design and planning activities, environmental studies, and real estate appraisals for convention center
improvements. No other expenditures may be made in support of the expansion project recommended by the convention center expansion and city facilities task force created
under section 148, chapter 6, Laws of 1994 sp. sess. prior to
acceptance by the board of directors of the corporation of an
irrevocable commitment for funding from public or private
participants consistent with the expansion development study
task force recommendations report dated December 1994.
[1995 c 386 § 6.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
67.40.190
67.40.190 Convention and trade facilities—Use of
funds—Encumbered revenue. (1) Moneys received from
any tax imposed under RCW 67.40.130 shall be used for the
purpose of providing funds to the corporation for the costs
associated with paying all or any part of the cost associated
with: The financing, design, acquisition, construction, equipping, operating, maintaining, and reequipping of convention
center facilities; the acquisition, construction, and relocation
costs of replacement housing; and repayment of loans and
advances from the state, including loans authorized previously under this chapter, or to pay or secure the payment of
[Title 67 RCW—page 41]
67.40.900
Title 67 RCW: Sports and Recreation—Convention Facilities
all or part of the principal of or interest on any state bonds
issued for purposes authorized under this chapter.
(2) If any of the revenue from any local sales tax authorized under RCW 67.40.130 shall have been encumbered or
pledged by the state to secure the payment of any state bonds
as authorized under RCW 67.40.030, then as long as that
agreement or pledge shall be in effect, the legislature shall
not withdraw from the municipality the authority to levy and
collect the tax or the tax credit authorized under RCW
67.40.130 and 67.40.140. [1995 c 386 § 7.]
Severability—Effective date—1995 c 386: See notes following RCW
67.40.130.
67.40.900 Severability—1982 c 34. If any provision of
this act or its application to any municipality, person, or circumstance is held invalid, the remainder of the act or the
application of the provision to other municipalities, persons,
or circumstances is not affected. [1982 c 34 § 13.]
67.40.900
67.40.901 Severability—1988 ex.s. c 1.
36.100.900.
67.40.901
Chapter 67.42
See RCW
Chapter 67.42 RCW
AMUSEMENT RIDES
Sections
67.42.010
67.42.020
67.42.025
67.42.030
67.42.040
67.42.050
67.42.060
67.42.070
67.42.080
67.42.090
67.42.900
67.42.901
Definitions.
Requirements—Operation of amusement ride or structure—
Bungee jumping device inspection.
Inspections and inspectors—Comparable regulation and comparable qualification.
Permit—Application—Decal.
Permit—Duration—Material modification of ride or structure—Bungee jumping device replacement, movement, purchase.
Rules—Orders to cease operation—Administrative proceedings.
Fees.
Penalty.
Counties and municipalities—Supplemental ordinances.
Bungee jumping—Permission.
Severability—1985 c 262.
Effective date—1985 c 262.
67.42.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Amusement structure" means electrical or mechanical devices or combinations of devices operated for revenue
and to provide amusement or entertainment to viewers or
audiences at carnivals, fairs, or amusement parks. "Amusement structure" also means a bungee jumping device regardless of where located. "Amusement structure" does not
include games in which a member of the public must perform
an act, nor concessions at which customers may make purchases.
(2) "Amusement ride" means any vehicle, boat, bungee
jumping device, or other mechanical device moving upon or
within a structure, along cables or rails, through the air by
centrifugal force or otherwise, or across water, that is used to
convey one or more individuals for amusement, entertainment, diversion, or recreation. "Amusement ride" includes,
but is not limited to, devices commonly known as skyrides,
ferris wheels, carousels, parachute towers, tunnels of love,
bungee jumping devices, and roller coasters. "Amusement
67.42.010
[Title 67 RCW—page 42]
ride" does not include: (a) Conveyances for persons in recreational winter sports activities such as ski lifts, ski tows, jbars, t-bars, and similar devices subject to regulation under
*chapter 70.88 RCW; (b) any single-passenger coin-operated
ride that is manually, mechanically, or electrically operated
and customarily placed in a public location and that does not
normally require the supervision or services of an operator;
(c) nonmechanized playground equipment, including but not
limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers,
slides, trampolines, and physical fitness devices; or (d) water
slides.
(3) "Department" means the department of labor and
industries.
(4) "Insurance policy" means an insurance policy written
by an insurer authorized to do business in this state under
Title 48 RCW. [1993 c 203 § 2; 1985 c 262 § 1.]
*Reviser’s note: Chapter 70.88 RCW was recodified as chapter
79A.40 RCW pursuant to 1999 c 249 § 1601.
Findings—Intent—1993 c 203: "(1) The legislature finds that:
Bungee jumping is growing in popularity as a new source of entertainment for the citizens of this state;
Individuals have suffered serious injuries in states where the regulation
of this activity was minimal or nonexistent; and
The potential for harm to individuals participating in this activity likely
increases in the absence of state regulation of these activities.
(2) It is the intent of the legislature to require bungee jumping operations to be regulated by the state to the extent necessary to protect the health
and safety of individuals participating in this activity." [1993 c 203 § 1.]
67.42.020
67.42.020 Requirements—Operation of amusement
ride or structure—Bungee jumping device inspection.
Before operating any amusement ride or structure, the owner
or operator shall:
(1) Obtain a permit pursuant to RCW 67.42.030;
(2) Have the amusement ride or structure inspected for
safety at least once annually by an insurer, a person with
whom the insurer has contracted, or a person who meets the
qualifications set by the department and obtain from the
insurer or person a written certificate that the inspection has
been made and that the amusement ride or structure meets the
standards for coverage and is covered by the insurer as
required by subsection (3) of this section. A bungee jumping
device, including, but not limited to, the crane, tower, balloon
or bridge, person lift basket, platforms, bungee cords, end
attachments, anchors, carabiners or locking devices, harnesses, landing devices, and additional ride operation hardware shall be inspected for safety prior to beginning operation and annually by an insurer, a person with whom the
insurer has contracted, or a person authorized by the department to inspect bungee jumping devices. The operator of the
bungee jumping device shall obtain a written certificate
which states that the required inspection has been made and
the bungee jumping device meets the standards for coverage
and is covered by the insurer as required by subsection (3) of
this section;
(3) Have and keep in effect an insurance policy in an
amount not less than one million dollars per occurrence
insuring: (a) The owner or operator; and (b) any municipality
or county on whose property the amusement ride or structure
stands, or any municipality or county which has contracted
(2006 Ed.)
Amusement Rides
with the owner or operator against liability for injury to persons arising out of the use of the amusement ride or structure;
(4) File with the department the inspection certificate
and insurance policy required by this section; and
(5) File with each sponsor, lessor, landowner, or other
person responsible for an amusement structure or ride being
offered for use by the public a certificate stating that the
insurance required by subsection (3) of this section is in
effect. [1993 c 203 § 3; 1986 c 86 § 1; 1985 c 262 § 2.]
Findings—Intent—1993 c 203: See note following RCW 67.42.010.
67.42.025
67.42.025 Inspections and inspectors—Comparable
regulation and comparable qualification. (1) An amusement ride that has been inspected in any state, territory, or
possession of the United States that, in the discretion of the
department, has a level of regulation comparable to this chapter, shall be deemed to meet the inspection requirement of
this chapter.
(2) An amusement ride inspector who is authorized to
inspect amusement rides in any state, territory, or possession
of the United States, who, in the discretion of the department,
has a level of qualifications comparable to those required
under this chapter, shall be deemed qualified to inspect
amusement rides under this chapter. [1986 c 86 § 2.]
67.42.030
67.42.030 Permit—Application—Decal. (1) Application for an operating permit to operate an amusement ride or
structure shall be made on an annual basis by the owner or
operator of the amusement ride or structure. The application
shall be made on forms prescribed by the department and
shall include the certificate required by RCW 67.42.020(2).
(2) The department shall issue a decal with each permit.
The decal shall be affixed on or adjacent to the control panel
of the amusement ride or structure in a location visible to the
patrons of the ride or structure. [1985 c 262 § 3.]
67.42.040
67.42.040 Permit—Duration—Material modification
of ride or structure—Bungee jumping device replacement, movement, purchase. (1) Except as provided in subsection (2) of this section or unless a shorter period is specified by the department, permits issued under RCW 67.42.030
are valid for a one-year period.
(2) If an amusement ride or structure is materially rebuilt
or materially modified so as to change the original action of
the amusement ride or structure, the amusement ride or structure shall be subject to a new inspection under RCW
67.42.020 and the owner or operator shall apply for a new
permit under RCW 67.42.030.
(3) If an amusement ride or structure for which a permit
has been issued pursuant to RCW 67.42.030 is moved and
installed in another place but is not materially rebuilt or materially modified so as to change the original action of the
amusement ride or structure, no new permit is required prior
to the expiration of the permit.
(4) A bungee jumping device or a part of a device,
including, but not limited to, the crane, person lift basket,
mobile crane, balloon or balloon basket, anchor or anchor
attachment structure, or landing device, that is replaced shall
be reinspected by an insurer, a person with whom the insurer
has contracted, or by a person authorized by the department
(2006 Ed.)
67.42.080
to inspect bungee jumping devices, and the owner or operator
of the device shall apply for a new permit under RCW
67.42.030.
(5) A bungee jumping operator shall have any bungee
jumping device or structure that is moved and installed in
another location reinspected by an insurer, a person with
whom the insurer has contracted, or a person authorized by
the department to inspect bungee jumping devices before
beginning operation.
(6) Any new operator who purchases an existing bungee
jumping device or structure must have the bungee jumping
device inspected and permitted as required under RCW
67.42.020 before beginning operation. [1993 c 203 § 4; 1985
c 262 § 4.]
Findings—Intent—1993 c 203: See note following RCW 67.42.010.
67.42.050
67.42.050 Rules—Orders to cease operation—
Administrative proceedings. (1) The department shall
adopt rules under chapter 34.05 RCW to administer this
chapter. Such rules may exempt amusement rides or structures otherwise subject to this chapter if the amusement rides
or structures are located on lands owned by [the] United
States government or its agencies and are required to comply
with federal safety standards at least equal to those under this
chapter.
(2) The department may order in writing the cessation of
the operation of an amusement ride or structure for which no
valid permit is in effect or for which the owner or operator
does not have an insurance policy as required by RCW
67.42.020.
(3) All proceedings relating to permits or orders to cease
operation under this chapter shall be conducted pursuant to
chapter 34.05 RCW. [1985 c 262 § 5.]
67.42.060
67.42.060 Fees. (1) The department may charge a reasonable fee not to exceed ten dollars for each permit issued
under RCW 67.42.030. All fees collected by the department
under this chapter shall be deposited in the state general fund.
This subsection does not apply to permits issued under RCW
67.42.030 to operate a bungee jumping device.
(2) The department may charge a reasonable fee not to
exceed one hundred dollars for each permit issued under
RCW 67.42.030 to operate a bungee jumping device. Fees
collected under this subsection shall be deposited in the state
general fund for appropriation for the permitting and inspection of bungee jumping devices under this chapter. [1993 c
203 § 5; 1985 c 262 § 6.]
Findings—Intent—1993 c 203: See note following RCW 67.42.010.
67.42.070
67.42.070 Penalty. Any person who operates an amusement ride or structure without complying with the requirements of this chapter is guilty of a gross misdemeanor. [1985
c 262 § 7.]
67.42.080
67.42.080 Counties and municipalities—Supplemental ordinances. Nothing contained in this chapter prevents a
county or municipality from adopting and enforcing ordinances which relate to the operation of amusement rides or
structures and supplement the provisions of this chapter.
[1985 c 262 § 8.]
[Title 67 RCW—page 43]
67.42.090
Title 67 RCW: Sports and Recreation—Convention Facilities
67.42.090 Bungee jumping—Permission. (1) Bungee
jumping from a publicly owned bridge or publicly owned
land is allowed only if permission has been granted by the
government body that has jurisdiction over the bridge or land.
(2) Bungee jumping into publicly owned waters is
allowed only if permission has been granted by the government body that has jurisdiction over the body of water.
(3) Bungee jumping from a privately owned bridge is
allowed only if permission has been granted by the owner of
the bridge. [1993 c 203 § 6.]
67.42.090
Findings—Intent—1993 c 203: See note following RCW 67.42.010.
67.42.900 Severability—1985 c 262. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 262 § 10.]
67.70.280
67.70.290
67.70.300
67.70.310
67.70.320
67.70.330
67.70.340
67.70.902
67.70.903
67.70.904
67.70.905
Application of administrative procedure act.
Post-audits by state auditor.
Investigations by attorney general authorized.
Management review by director of financial management.
Verification by certified public accountant.
Enforcement powers of director—Office of the director designated law enforcement agency.
Transfer of shared game lottery proceeds.
Construction—1982 2nd ex.s. c 7.
Severability—1982 2nd ex.s. c 7.
Severability—1985 c 375.
Effective date—1985 c 375.
Pathological gamblers, information for: RCW 9.46.071.
Problem and pathological gambling treatment: RCW 43.20A.890.
67.42.900
67.42.901 Effective date—1985 c 262. This act shall
take effect on January 1, 1986. [1985 c 262 § 11.]
67.42.901
Chapter 67.70
Chapter 67.70 RCW
STATE LOTTERY
Sections
67.70.010
67.70.030
67.70.040
67.70.042
67.70.043
67.70.044
67.70.050
67.70.055
67.70.060
67.70.070
67.70.080
67.70.090
67.70.100
67.70.110
67.70.120
67.70.125
67.70.130
67.70.140
67.70.150
67.70.160
67.70.170
67.70.180
67.70.190
67.70.200
67.70.210
67.70.220
67.70.230
67.70.240
67.70.241
67.70.250
67.70.255
67.70.260
67.70.270
Definitions.
State lottery commission created—Membership—Terms—
Vacancies—Chairman—Quorum.
Powers and duties of commission—When legislative approval
required.
Scratch games—Baseball stadium construction.
New games—Stadium and exhibition center bonds, operation,
and development—Youth athletic facilities.
Shared game lottery.
Office of director created—Appointment—Salary—Duties.
Activities prohibited to officers, employees, and members.
Powers of director.
Licenses for lottery sales agents—Factors—"Person" defined.
License as authority to act.
Denial, suspension, and revocation of licenses.
Assignment of rights prohibited—Exceptions—Notices—
Assignment of payment of remainder of an annuity—Intervention—Limitation on payment by director—Rules—
Recovery of costs of commission—Federal ruling
required—Discharge of liability.
Maximum price of ticket or share limited—Sale by other than
licensed agent prohibited.
Sale to minor prohibited—Exception—Penalties.
Use of public assistance electronic benefit cards prohibited—
Licensee to report violations.
Prohibited acts—Penalty.
Penalty for unlicensed activity.
Penalty for false or misleading statement or entry or failure to
produce documents.
Penalty for violation of chapter—Exceptions.
Penalty for violation of rules—Exceptions.
Persons prohibited from purchasing tickets or shares or receiving prizes—Penalty.
Unclaimed prizes.
Deposit of moneys received by agents from sales—Power of
director—Reports.
Other law inapplicable to sale of tickets or shares.
Payment of prizes to minor.
State lottery account created.
Use of moneys in state lottery account limited.
Promotion of lottery by person or entity responsible for operating stadium and exhibition center—Commission
approval—Cessation of obligation.
Methods for payment of prizes by installments.
Debts owed to state agency or political subdivision—Debt
information to lottery commission—Prize set off against
debts.
Lottery administrative account created.
Members of commission—Compensation—Travel expenses.
[Title 67 RCW—page 44]
67.70.010
67.70.010 Definitions. For the purposes of this chapter:
(1) "Commission" means the state lottery commission
established by this chapter;
(2) "Director" means the director of the state lottery
established by this chapter;
(3) "Lottery" or "state lottery" means the lottery established and operated pursuant to this chapter;
(4) "On-line game" means a lottery game in which a
player pays a fee to a lottery retailer and selects a combination of digits, numbers, or symbols, type and amount of play,
and receives a computer-generated ticket with those selections, and the lottery separately draws or selects the winning
combination or combinations;
(5) "Shared game lottery" means any lottery activity in
which the commission participates under written agreement
between the commission, on behalf of the state, and any other
state or states. [2002 c 349 § 1; 1994 c 218 § 3; 1987 c 511 §
1; 1982 2nd ex.s. c 7 § 1.]
Effective date—1994 c 218: See note following RCW 9.46.010.
67.70.030
67.70.030 State lottery commission created—Membership—Terms—Vacancies—Chairman—Quorum.
There is created the state lottery commission to consist of five
members appointed by the governor with the consent of the
senate. Of the initial members, one shall serve a term of two
years, one shall serve a term of three years, one shall serve a
term of four years, one shall serve a term of five years, and
one shall serve a term of six years. Their successors, all of
whom shall be citizen members appointed by the governor
with the consent of the senate, upon being appointed and
qualified, shall serve six-year terms. No member of the commission who has served a full six-year term is eligible for
reappointment. In case of a vacancy, it shall be filled by
appointment by the governor for the unexpired portion of the
term in which the vacancy occurs.
The governor shall designate one member of the commission to serve as chairman at the governor’s pleasure.
A majority of the members shall constitute a quorum for
the transaction of business. [1982 2nd ex.s. c 7 § 3.]
67.70.040
67.70.040 Powers and duties of commission—When
legislative approval required. The commission shall have
the power, and it shall be its duty:
(1) To adopt rules governing the establishment and operation of a state lottery as it deems necessary and desirable in
order that such a lottery be initiated at the earliest feasible and
practicable time, and in order that such lottery produce the
maximum amount of net revenues for the state consonant
(2006 Ed.)
State Lottery
with the dignity of the state and the general welfare of the
people. Such rules shall include, but shall not be limited to,
the following:
(a) The type of lottery to be conducted which may
include the selling of tickets or shares, but such tickets or
shares may not be sold over the internet. The use of electronic or mechanical devices or video terminals which allow
for individual play against such devices or terminals shall be
prohibited. An affirmative vote of sixty percent of both
houses of the legislature is required before offering any game
allowing or requiring a player to become eligible for a prize
or to otherwise play any portion of the game by interacting
with any device or terminal involving digital, video, or other
electronic representations of any game of chance, including
scratch tickets, pull-tabs, bingo, poker or other cards, dice,
roulette, keno, or slot machines. Approval of the legislature
shall be required before entering any agreement with other
state lotteries to conduct shared games;
(b) The price, or prices, of tickets or shares in the lottery;
(c) The numbers and sizes of the prizes on the winning
tickets or shares;
(d) The manner of selecting the winning tickets or
shares, except as limited by (a) of this subsection;
(e) The manner and time of payment of prizes to the
holder of winning tickets or shares which, at the director’s
option, may be paid in lump sum amounts or installments
over a period of years;
(f) The frequency of the drawings or selections of winning tickets or shares. Approval of the legislature is required
before conducting any on-line game in which the drawing or
selection of winning tickets occurs more frequently than once
every twenty-four hours;
(g) Without limit as to number, the type or types of locations at which tickets or shares may be sold;
(h) The method to be used in selling tickets or shares,
except as limited by (a) of this subsection;
(i) The licensing of agents to sell or distribute tickets or
shares, except that a person under the age of eighteen shall
not be licensed as an agent;
(j) The manner and amount of compensation, if any, to
be paid licensed sales agents necessary to provide for the adequate availability of tickets or shares to prospective buyers
and for the convenience of the public;
(k) The apportionment of the total revenues accruing
from the sale of lottery tickets or shares and from all other
sources among: (i) The payment of prizes to the holders of
winning tickets or shares, which shall not be less than fortyfive percent of the gross annual revenue from such lottery,
(ii) transfers to the lottery administrative account created by
RCW 67.70.260, and (iii) transfer to the state’s general fund.
Transfers to the state general fund shall be made in compliance with RCW 43.01.050;
(l) Such other matters necessary or desirable for the efficient and economical operation and administration of the lottery and for the convenience of the purchasers of tickets or
shares and the holders of winning tickets or shares.
(2) To ensure that in each place authorized to sell lottery
tickets or shares, on the back of the ticket or share, and in any
advertising or promotion there shall be conspicuously displayed an estimate of the probability of purchasing a winning
ticket.
(2006 Ed.)
67.70.044
(3) To amend, repeal, or supplement any such rules from
time to time as it deems necessary or desirable.
(4) To advise and make recommendations to the director
for the operation and administration of the lottery. [2006 c
290 § 3; 1994 c 218 § 4; 1991 c 359 § 1; 1988 c 289 § 801;
1987 c 511 § 2; 1985 c 375 § 1; 1982 2nd ex.s. c 7 § 4.]
State policy—2006 c 290: See note following RCW 9.46.240.
Effective date—1994 c 218: See note following RCW 9.46.010.
Severability—1988 c 289: See note following RCW 50.16.070.
67.70.042
67.70.042 Scratch games—Baseball stadium construction. The lottery commission shall conduct at least two
but not more than four scratch games with sports themes per
year. These games are intended to generate additional moneys sufficient to cover the distributions under RCW
67.70.240(4). [1997 c 220 § 207 (Referendum Bill No. 48,
approved June 17, 1997); 1995 3rd sp.s. c 1 § 104.]
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
State contribution for baseball stadium limited: RCW 82.14.0486.
67.70.043
67.70.043 New games—Stadium and exhibition center bonds, operation, and development—Youth athletic
facilities. The lottery commission shall conduct new games
that are in addition to any games conducted under RCW
67.70.042 and are intended to generate additional moneys
sufficient to cover the distributions under RCW
67.70.240(5). No game may be conducted under this section
before January 1, 1998. No game may be conducted under
this section after December 31, 1999, unless the conditions
for issuance of the bonds under RCW 43.99N.020(2) are met,
and no game is required to be conducted after the distributions cease under RCW 67.70.240(5).
For the purposes of this section, the lottery may accept
and market prize promotions provided in conjunction with
private-sector marketing efforts. [1997 c 220 § 205 (Referendum Bill No. 48, approved June 17, 1997).]
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
67.70.044
67.70.044 Shared game lottery. (1) Pursuant to RCW
67.70.040(1)(a), the commission may enter into the multistate agreement establishing a shared game lottery known
as"The Big Game," that was entered into by party state lotteries in August 1996 and subsequently amended.
(2) The shared game lottery account is created as a separate account outside the state treasury. The account is managed, maintained, and controlled by the commission and consists of all revenues received from the sale of shared game
lottery tickets or shares, and all other moneys credited or
transferred to it from any other fund or source under law. The
[Title 67 RCW—page 45]
67.70.050
Title 67 RCW: Sports and Recreation—Convention Facilities
account is allotted according to chapter 43.88 RCW. [2002 c
349 § 2.]
67.70.050 Office of director created—Appointment—Salary—Duties. There is created the office of director of the state lottery. The director shall be appointed by the
governor with the consent of the senate. The director shall
serve at the pleasure of the governor and shall receive such
salary as is determined by the governor, but in no case may
the director’s salary be more than ninety percent of the salary
of the governor. The director shall:
(1) Supervise and administer the operation of the lottery
in accordance with the provisions of this chapter and with the
rules of the commission.
(2) Appoint such deputy and assistant directors as may
be required to carry out the functions and duties of his office:
PROVIDED, That the provisions of the state civil service
law, chapter 41.06 RCW, shall not apply to such deputy and
assistant directors.
(3) Appoint such professional, technical, and clerical
assistants and employees as may be necessary to perform the
duties imposed by this chapter: PROVIDED, That the provisions of the state civil service law, chapter 41.06 RCW, shall
not apply to such employees as are engaged in undercover
audit or investigative work or security operations but shall
apply to other employees appointed by the director, except as
provided for in subsection (2) of this section.
(4) In accordance with the provisions of this chapter and
the rules of the commission, license as agents to sell or distribute lottery tickets such persons as in his opinion will best
serve the public convenience and promote the sale of tickets
or shares. The director may require a bond from any licensed
agent, in such amount as provided in the rules of the commission. Every licensed agent shall prominently display his
license, or a copy thereof, as provided in the rules of the commission. License fees may be established by the commission,
and, if established, shall be deposited in the state lottery
account created by RCW 67.70.230.
(5) Confer regularly as necessary or desirable with the
commission on the operation and administration of the lottery; make available for inspection by the commission, upon
request, all books, records, files, and other information and
documents of the lottery; and advise the commission and recommend such matters as the director deems necessary and
advisable to improve the operation and administration of the
lottery.
(6) Subject to the applicable laws relating to public contracts, enter into contracts for the operation of the lottery, or
any part thereof, and into contracts for the promotion of the
lottery. No contract awarded or entered into by the director
may be assigned by the holder thereof except by specific
approval of the commission: PROVIDED, That nothing in
this chapter authorizes the director to enter into public contracts for the regular and permanent administration of the lottery after the initial development and implementation.
(7) Certify quarterly to the state treasurer and the commission a full and complete statement of lottery revenues,
prize disbursements, and other expenses for the preceding
quarter.
(8) Carry on a continuous study and investigation of the
lottery throughout the state: (a) For the purpose of ascertain67.70.050
[Title 67 RCW—page 46]
ing any defects in this chapter or in the rules issued thereunder by reason whereof any abuses in the administration and
operation of the lottery or any evasion of this chapter or the
rules may arise or be practiced, (b) for the purpose of formulating recommendations for changes in this chapter and the
rules promulgated thereunder to prevent such abuses and evasions, (c) to guard against the use of this chapter and the rules
issued thereunder as a cloak for the carrying on of professional gambling and crime, and (d) to ensure that this chapter
and rules shall be in such form and be so administered as to
serve the true purposes of this chapter.
(9) Make a continuous study and investigation of: (a)
The operation and the administration of similar laws which
may be in effect in other states or countries, (b) the operation
of an additional game or games for the benefit of a particular
program or purpose, (c) any literature on the subject which
from time to time may be published or available, (d) any federal laws which may affect the operation of the lottery, and
(e) the reaction of the citizens of this state to existing and
potential features of the lottery with a view to recommending
or effecting changes that will tend to serve the purposes of
this chapter.
(10) Have all enforcement powers granted in chapter
9.46 RCW.
(11) Perform all other matters and things necessary to
carry out the purposes and provisions of this chapter. [1998
c 245 § 106. Prior: 1987 c 511 § 3; 1987 c 505 § 57; 1986 c
158 § 21; 1985 c 375 § 2; 1982 2nd ex.s. c 7 § 5.]
67.70.055
67.70.055 Activities prohibited to officers, employees, and members. The director, deputy directors, any assistant directors, and employees of the state lottery and members of the lottery commission shall not:
(1) Serve as an officer or manager of any corporation or
organization which conducts a lottery or gambling activity;
(2) Receive or share in, directly or indirectly, the gross
profits of any lottery or other gambling activity regulated by
the gambling commission;
(3) Be beneficially interested in any contract for the
manufacture or sale of gambling devices, the conduct of a lottery or other gambling activity, or the provision of independent consultant services in connection with a lottery or other
gambling activity. [1987 c 511 § 4; 1986 c 4 § 2.]
67.70.060
67.70.060 Powers of director. (1) The director or the
director’s authorized representative may:
(a) Make necessary public or private investigations
within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule
or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder; and
(b) Inspect the books, documents, and records of any
person lending money to or in any manner financing any
license holder or applicant for a license or receiving any
income or profits from the use of such license for the purpose
of determining compliance or noncompliance with the provisions of this chapter or the rules and regulations adopted pursuant thereto.
(2) For the purpose of any investigation or proceeding
under this chapter, the director or an administrative law judge
(2006 Ed.)
State Lottery
appointed under chapter 34.12 RCW may conduct hearings,
administer oaths or affirmations, or upon the director’s or
administrative law judge’s motion or upon request of any
party may subpoena witnesses, compel attendance, take depositions, take evidence, or require the production of any matter which is relevant to the investigation or proceeding,
including but not limited to the existence, description, nature,
custody, condition, or location of any books, documents, or
other tangible things, or the identity or location of persons
having knowledge or relevant facts, or any other matter reasonably calculated to lead to the discovery of material evidence.
(3) Upon failure to obey a subpoena or to answer questions propounded by the administrative law judge and upon
reasonable notice to all persons affected thereby, the director
may apply to the superior court for an order compelling compliance.
(4) The administrative law judges appointed under chapter 34.12 RCW may conduct hearings respecting the suspension, revocation, or denial of licenses, may administer oaths,
admit or deny admission of evidence, compel the attendance
of witnesses, issue subpoenas, issue orders, and exercise all
other powers and perform all other functions set out in chapter 34.05 RCW.
(5) Except as otherwise provided in this chapter, all proceedings under this chapter shall be in accordance with the
Administrative Procedure Act, chapter 34.05 RCW. [1989 c
175 § 123; 1982 2nd ex.s. c 7 § 6.]
Effective date—1989 c 175: See note following RCW 34.05.010.
67.70.070
67.70.070 Licenses for lottery sales agents—Factors—"Person" defined. No license as an agent to sell lottery tickets or shares may be issued to any person to engage
in business exclusively as a lottery sales agent. Before issuing
a license the director shall consider such factors as: (1) The
financial responsibility and security of the person and his
business or activity, (2) the accessibility of his place of business or activity to the public, (3) the sufficiency of existing
licenses to serve the public convenience, and (4) the volume
of expected sales.
For purposes of this section, the term "person" means an
individual, association, corporation, club, trust, estate, society, company, joint stock company, receiver, trustee,
assignee, referee, or any other person acting in a fiduciary or
representative capacity, whether appointed by a court or otherwise, and any combination of individuals. "Person" does
not mean any department, commission, agency, or instrumentality of the state, or any county or municipality or any
agency or instrumentality thereof, except for retail outlets of
the state liquor control board. [1982 2nd ex.s. c 7 § 7.]
67.70.080
67.70.080 License as authority to act. Any person
licensed as provided in this chapter is hereby authorized and
empowered to act as a lottery sales agent. [1982 2nd ex.s. c 7
§ 8.]
67.70.090
67.70.090 Denial, suspension, and revocation of
licenses. The director may deny an application for, or suspend or revoke, after notice and hearing, any license issued
pursuant to this chapter. Such license may, however, be tem(2006 Ed.)
67.70.100
porarily suspended by the director without prior notice, pending any prosecution, investigation, or hearing. A license may
be suspended or revoked or an application may be denied by
the director for one or more of the following reasons:
(1) Failure to account for lottery tickets received or the
proceeds of the sale of lottery tickets or to file a bond if
required by the director or to comply with the instructions of
the director concerning the licensed activity;
(2) For any of the reasons or grounds stated in RCW
9.46.075 or violation of this chapter or the rules of the commission;
(3) Failure to file any return or report or to keep records
or to pay any tax required by this chapter;
(4) Fraud, deceit, misrepresentation, or conduct prejudicial to public confidence in the state lottery;
(5) That the number of lottery tickets sold by the lottery
sales agent is insufficient to meet administrative costs, or that
public convenience is adequately served by other licensees;
(6) A material change, since issuance of the license with
respect to any matters required to be considered by the director under RCW 67.70.070.
For the purpose of reviewing any application for a
license and for considering the denial, suspension, or revocation of any license the director may consider any prior criminal conduct of the applicant or licensee and the provisions of
RCW 9.95.240 and of chapter 9.96A RCW shall not apply to
such cases. [1982 2nd ex.s. c 7 § 9.]
67.70.100
67.70.100 Assignment of rights prohibited—Exceptions—Notices—Assignment of payment of remainder of
an annuity—Intervention—Limitation on payment by
director—Rules—Recovery of costs of commission—Federal ruling required—Discharge of liability. (1) Except
under subsection (2) of this section, no right of any person to
a prize drawn is assignable, except that payment of any prize
drawn may be paid to the estate of a deceased prize winner,
and except that any person pursuant to an appropriate judicial
order may be paid the prize to which the winner is entitled.
(2)(a) The payment of all or part of the remainder of an
annuity may be assigned to another person, pursuant to a voluntary assignment of the right to receive future annual prize
payments, if the assignment is made pursuant to an appropriate judicial order of the Thurston county superior court or the
superior court of the county in which the prize winner
resides, if the winner is a resident of Washington state. If the
prize winner is not a resident of Washington state, the winner
must seek an appropriate order from the Thurston county
superior court.
(b) If there is a voluntary assignment under (a) of this
subsection, a copy of the petition for an order under (a) of this
subsection and all notices of any hearing in the matter shall
be served on the attorney general no later than ten days before
any hearing or entry of any order.
(c) The court receiving the petition may issue an order
approving the assignment and directing the director to pay to
the assignee the remainder or portion of an annuity so
assigned upon finding that all of the following conditions
have been met:
(i) The assignment has been memorialized in writing and
executed by the assignor and is subject to Washington law;
[Title 67 RCW—page 47]
67.70.110
Title 67 RCW: Sports and Recreation—Convention Facilities
(ii) The assignor provides a sworn declaration to the
court attesting to the facts that the assignor has had the opportunity to be represented by independent legal counsel in connection with the assignment, has received independent financial and tax advice concerning the effects of the assignment,
and is of sound mind and not acting under duress, and the
court makes findings determining so;
(iii) The assignee has provided a one-page written disclosure statement that sets forth in bold-face type, fourteen
point or larger, the payments being assigned by amount and
payment dates, the purchase price, or loan amount being
paid; the interest rate or rate of discount to present value,
assuming monthly compounding and funding on the contract
date; and the amount, if any, of any origination or closing
fees that will be charged to the lottery winner. The disclosure
statement must also advise the winner that the winner should
consult with and rely upon the advice of his or her own independent legal or financial advisors regarding the potential
federal and state tax consequences of the transaction; and
(iv) The proposed assignment does not and will not
include or cover payments or portions of payments subject to
offsets pursuant to RCW 67.70.255 unless appropriate provision is made in the order to satisfy the obligations giving rise
to the offset.
(d) The commission may intervene as of right in any proceeding under this section but shall not be deemed an indispensable or necessary party.
(3) The director will not pay the assignee an amount in
excess of the annual payment entitled to the assignor.
(4) The commission may adopt rules pertaining to the
assignment of prizes under this section, including recovery of
actual costs incurred by the commission. The recovery of
actual costs shall be deducted from the initial annuity payment made to the assignee.
(5) No voluntary assignment under this section is effective unless and until the national office of the federal internal
revenue service provides a ruling that declares that the voluntary assignment of prizes will not affect the federal income
tax treatment of prize winners who do not assign their prizes.
If at any time the federal internal revenue service or a court of
competent jurisdiction provides a determination letter, revenue ruling, other public ruling of the internal revenue service
or published decision to any state lottery or state lottery prize
winner declaring that the voluntary assignment of prizes will
effect the federal income tax treatment of prize winners who
do not assign their prizes, the director shall immediately file
a copy of that letter, ruling, or published decision with the
secretary of state. No further voluntary assignments may be
allowed after the date the ruling, letter, or published decision
is filed.
(6) The occurrence of any event described in subsection
(5) of this section does not render invalid or ineffective
assignments validly made and approved pursuant to an
appropriate judicial order before the occurrence of any such
event.
(7) The requirement for a disclosure statement in subsection (2)(c)(iii) of this section does not apply to any assignment agreement executed before April 21, 1997.
(8) The commission and the director shall be discharged
of all further liability upon payment of a prize pursuant to this
[Title 67 RCW—page 48]
section. [1997 c 111 § 1; 1996 c 228 § 2; 1982 2nd ex.s. c 7
§ 10.]
Effective date—1997 c 111: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 21, 1997]." [1997 c 111 § 2.]
Intent—1996 c 228: "The Washington state lottery act under chapter 7,
Laws of 1982 2nd ex. sess., provides, among other things, that the right of
any person to a prize shall not be assignable, except to the estate of a
deceased prize winner, or to a person designated pursuant to an appropriate
judicial order. Current law and practices provide that those who win lotto
jackpots are paid in annual installments over a period of twenty years. The
legislature recognizes that some prize winners, particularly elderly persons,
those seeking to acquire a small business, and others with unique needs, may
not want to wait to be paid over the course of up to twenty years. It is the
intent of the legislature to provide a restrictive means to accommodate those
prize winners who wish to enjoy more of their winnings currently, without
impacting the current fiscal structure of the Washington state lottery commission." [1996 c 228 § 1.]
67.70.110
67.70.110 Maximum price of ticket or share limited—Sale by other than licensed agent prohibited. A person shall not sell a ticket or share at a price greater than that
fixed by rule of the commission. No person other than a
licensed lottery sales agent shall sell lottery tickets, except
that nothing in this section prevents any person from giving
lottery tickets or shares to another as a gift. [1982 2nd ex.s. c
7 § 11.]
67.70.120
67.70.120 Sale to minor prohibited—Exception—
Penalties. (1) A ticket or share shall not be sold to any person under the age of eighteen, but this shall not be deemed to
prohibit the purchase of a ticket or share for the purpose of
making a gift by a person eighteen years of age or older to a
person less than that age.
(2) Any licensee who knowingly sells or offers to sell a
lottery ticket or share to any person under the age of eighteen
is guilty of a misdemeanor.
(3) In the event that a person under the age of eighteen
years directly purchases a ticket in violation of this section,
that person is guilty of a misdemeanor. No prize will be paid
to such person and the prize money otherwise payable on the
ticket will be treated as unclaimed pursuant to RCW
67.70.190. [2003 c 53 § 303; 1987 c 511 § 6; 1982 2nd ex.s.
c 7 § 12.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
67.70.125
67.70.125 Use of public assistance electronic benefit
cards prohibited—Licensee to report violations. (1) Any
licensee authorized under this chapter is prohibited from
allowing the use of public assistance electronic benefit cards
to purchase lottery tickets or shares authorized under this
chapter.
(2) Any licensee authorized under this chapter shall
report to the department of social and health services any
known violations of RCW 74.08.580. [2002 c 252 § 5.]
67.70.130
67.70.130 Prohibited acts—Penalty. (1) A person
shall not alter or forge a lottery ticket. A person shall not
claim a lottery prize or share of a lottery prize by means of
fraud, deceit, or misrepresentation. A person shall not conspire, aid, abet, or agree to aid another person or persons to
(2006 Ed.)
State Lottery
claim a lottery prize or share of a lottery prize by means of
fraud, deceit, or misrepresentation.
(2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 304;
1982 2nd ex.s. c 7 § 13.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
67.70.140
67.70.140 Penalty for unlicensed activity. (1) Any
person who conducts any activity for which a license is
required by this chapter, or by rule of the commission, without the required license, is guilty of a class B felony punishable according to chapter 9A.20 RCW.
(2) If any corporation conducts any activity for which a
license is required by this chapter, or by rule of the commission, without the required license, it may be punished by forfeiture of its corporate charter, in addition to the other penalties set forth in this section. [2003 c 53 § 305; 1982 2nd ex.s.
c 7 § 14.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
67.70.150
67.70.150 Penalty for false or misleading statement
or entry or failure to produce documents. Whoever, in any
application for a license or in any book or record required to
be maintained or in any report required to be submitted,
makes any false or misleading statement, or makes any false
or misleading entry or wilfully fails to maintain or make any
entry required to be maintained or made, or who wilfully
refuses to produce for inspection any book, record, or document required to be maintained or made by federal or state
law is guilty of a gross misdemeanor. [1982 2nd ex.s. c 7 §
15.]
67.70.160
67.70.160 Penalty for violation of chapter—Exceptions. Any person who violates any provision of this chapter
for which no penalty is otherwise provided, or knowingly
causes, aids, abets, or conspires with another to cause any
person to violate any provision of this chapter is guilty of a
class C felony, except where other penalties are specifically
provided for in this chapter. [1982 2nd ex.s. c 7 § 16.]
67.70.170
67.70.170 Penalty for violation of rules—Exceptions.
Any person who violates any rule adopted pursuant to this
chapter for which no penalty is otherwise provided, or knowingly causes, aids, abets, or conspires with another to cause
any person to violate any rule adopted pursuant to this chapter is guilty of a gross misdemeanor, except where other penalties are specifically provided for in this chapter. [1982 2nd
ex.s. c 7 § 17.]
67.70.180
67.70.180 Persons prohibited from purchasing tickets or shares or receiving prizes—Penalty. A ticket or
share shall not be purchased by, and a prize shall not be paid
to any member of the commission, the director, or an
employee of the lottery or to any spouse, child, brother, sister,
or parent residing as a member of the same household in the
principal place of abode of any member of the commission,
the director or an employee of the lottery.
(2006 Ed.)
67.70.220
A violation of this section is a misdemeanor. [1987 c
511 § 7; 1982 2nd ex.s. c 7 § 18.]
67.70.190
67.70.190 Unclaimed prizes. Unclaimed prizes shall
be retained in the state lottery account for the person entitled
thereto for one hundred eighty days after the drawing in
which the prize is won, or after the official end of the game
for instant prizes. If no claim is made for the prize within this
time, all rights to the prize shall be extinguished, and the
prize shall be retained in the state lottery fund for further use
as prizes, except that one-third of all unclaimed prize money
shall be deposited in the economic development strategic
reserve account created in RCW 43.330.250. [2005 c 427 §
2; 1994 c 218 § 5; 1988 c 289 § 802; 1987 c 511 § 8; 1982 2nd
ex.s. c 7 § 19.]
Effective date—1994 c 218: See note following RCW 9.46.010.
Severability—1988 c 289: See note following RCW 50.16.070.
67.70.200
67.70.200 Deposit of moneys received by agents from
sales—Power of director—Reports. The director, in his
discretion, may require any or all lottery sales agents to
deposit to the credit of the state lottery account in banks designated by the state treasurer, all moneys received by such
agents from the sale of lottery tickets or shares, less the
amount, if any, retained as compensation for the sale of the
tickets or shares, and to file with the director or his designated
agents, reports of their receipts and transactions in the sale of
lottery tickets in such form and containing such information
as he may require. The director may make such arrangements
for any person, including a bank, to perform such functions,
activities, or services in connection with the operation of the
lottery as he or she may deem advisable pursuant to this chapter and the rules of the commission, and such functions, activities, or services shall constitute lawful functions, activities,
and services of such person. [1987 c 511 § 9; 1982 2nd ex.s.
c 7 § 20.]
67.70.210
67.70.210 Other law inapplicable to sale of tickets or
shares. No other law, including chapter 9.46 RCW, providing any penalty or disability for the sale of lottery tickets or
any acts done in connection with a lottery applies to the sale
of tickets or shares performed pursuant to this chapter. [1982
2nd ex.s. c 7 § 21.]
67.70.220
67.70.220 Payment of prizes to minor. If the person
entitled to a prize is under the age of eighteen years, and such
prize is less than five thousand dollars, the director may
direct payment of the prize by delivery to an adult member of
the minor’s family or a guardian of the minor of a check or
draft payable to the order of such minor. If the person entitled
to a prize is under the age of eighteen years, and such prize is
five thousand dollars or more, the director may direct payment to such minor by depositing the amount of the prize in
any bank to the credit of an adult member of the minor’s family or a guardian of the minor as custodian for such minor.
The person so named as custodian shall have the same duties
and powers as a person designated as a custodian in a manner
prescribed by the Washington uniform transfers to minors
act, chapter 11.114 RCW, and for the purposes of this section
the terms "adult member of a minor’s family," "guardian of a
[Title 67 RCW—page 49]
67.70.230
Title 67 RCW: Sports and Recreation—Convention Facilities
minor," and "bank" shall have the same meaning as in chapter
11.114 RCW. The commission and the director shall be discharged of all further liability upon payment of a prize to a
minor pursuant to this section. [1991 c 193 § 30; 1985 c 7 §
128; 1982 2nd ex.s. c 7 § 22.]
Effective date—Severability—1991 c 193: See RCW 11.114.903 and
11.114.904.
67.70.230 State lottery account created. There is
hereby created and established a separate account, to be
known as the state lottery account. Such account shall be
managed, maintained, and controlled by the commission and
shall consist of all revenues received from the sale of lottery
tickets or shares, and all other moneys credited or transferred
thereto from any other fund or source pursuant to law. The
account shall be a separate account outside the state treasury.
No appropriation is required to permit expenditures and payment of obligations from the account. [1985 c 375 § 4; 1982
2nd ex.s. c 7 § 23.]
67.70.230
67.70.240
67.70.240 Use of moneys in state lottery account limited. The moneys in the state lottery account shall be used
only:
(1) For the payment of prizes to the holders of winning
lottery tickets or shares;
(2) For purposes of making deposits into the reserve
account created by RCW 67.70.250 and into the lottery
administrative account created by RCW 67.70.260;
(3) For purposes of making deposits into the education
construction fund and student achievement fund created in
RCW 43.135.045. For the transition period from July 1,
2001, until and including June 30, 2002, fifty percent of the
moneys not otherwise obligated under this section shall be
placed in the student achievement fund and fifty percent of
these moneys shall be placed in the education construction
fund. On and after July 1, 2002, until June 30, 2004, seventyfive percent of these moneys shall be placed in the student
achievement fund and twenty-five percent shall be placed in
the education construction fund. On and after July 1, 2004, all
deposits not otherwise obligated under this section shall be
placed in the education construction fund. Moneys in the
state lottery account deposited in the education construction
fund and the student achievement fund are included in "general state revenues" under RCW 39.42.070;
(4) For distribution to a county for the purpose of paying
the principal and interest payments on bonds issued by the
county to construct a baseball stadium, as defined in RCW
82.14.0485, including reasonably necessary preconstruction
costs. Three million dollars shall be distributed under this
subsection during calendar year 1996. During subsequent
years, such distributions shall equal the prior year’s distributions increased by four percent. Distributions under this subsection shall cease when the bonds issued for the construction
of the baseball stadium are retired, but not more than twenty
years after the tax under RCW 82.14.0485 is first imposed;
(5) For distribution to the stadium and exhibition center
account, created in RCW 43.99N.060. Subject to the conditions of RCW 43.99N.070, six million dollars shall be distributed under this subsection during the calendar year 1998.
During subsequent years, such distribution shall equal the
prior year’s distributions increased by four percent. No distri[Title 67 RCW—page 50]
bution may be made under this subsection after December 31,
1999, unless the conditions for issuance of the bonds under
RCW 43.99N.020(2) are met. Distributions under this subsection shall cease when the bonds are retired, but not later
than December 31, 2020;
(6) For the purchase and promotion of lottery games and
game-related services; and
(7) For the payment of agent compensation.
The office of financial management shall require the
allotment of all expenses paid from the account and shall
report to the ways and means committees of the senate and
house of representatives any changes in the allotments.
[2001 c 3 § 4 (Initiative Measure No. 728, approved November 7, 2000); 1997 c 220 § 206 (Referendum Bill No. 48,
approved June 17, 1997); 1995 3rd sp.s. c 1 § 105; 1987 c 513
§ 7; 1985 c 375 § 5; 1982 2nd ex.s. c 7 § 24.]
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
Effective date—Severability—1987 c 513: See notes following RCW
18.85.310.
State contribution for baseball stadium limited: RCW 82.14.0486.
67.70.241
67.70.241 Promotion of lottery by person or entity
responsible for operating stadium and exhibition center—Commission approval—Cessation of obligation.
The person or entity responsible for operating a stadium and
exhibition center as defined in RCW 36.102.010 shall promote the lottery with any combination of in-kind advertising,
sponsorship, or prize promotions, valued at one million dollars annually beginning January 1998 and increased by four
percent each year thereafter for the purpose of increasing lottery sales of games authorized under RCW 67.70.043. The
content and value of the advertising sponsorship or prize promotions are subject to reasonable approval in advance by the
lottery commission. The obligation of this section shall cease
when the distributions under RCW 67.70.240(5) end, but not
later than December 31, 2020. [1997 c 220 § 208 (Referendum Bill No. 48, approved June 17, 1997).]
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
67.70.250
67.70.250 Methods for payment of prizes by installments. If the director decides to pay any portion of or all of
the prizes in the form of installments over a period of years,
the director shall provide for the payment of all such installments for any specific lottery game by one, but not both, of
the following methods:
(2006 Ed.)
State Lottery
(1) The director may enter into contracts with any financially responsible person or firm providing for the payment
of such installments; or
(2) The director may establish and maintain a reserve
account into which shall be placed sufficient moneys for the
director to pay such installments as they become due. Such
reserve account shall be maintained as a separate and independent fund outside the state treasury. [1987 c 511 § 11;
1982 2nd ex.s. c 7 § 25.]
67.70.255
67.70.255 Debts owed to state agency or political subdivision—Debt information to lottery commission—Prize
set off against debts. (1) Any state agency or political subdivision that maintains records of debts owed to the state or
political subdivision, or that the state is authorized to enforce
or collect, may submit data processing tapes containing debt
information to the lottery in a format specified by the lottery.
State agencies or political subdivisions submitting debt information tapes shall provide updates on a regular basis at intervals not to exceed one month and shall be solely responsible
for the accuracy of the information contained therein.
(2) The lottery shall include the debt information submitted by state agencies or political subdivisions in its validation
and prize payment process. The lottery shall delay payment
of a prize exceeding six hundred dollars for a period not to
exceed two working days, to any person owing a debt to a
state agency or political subdivision pursuant to the information submitted in subsection (1) of this section. The lottery
shall contact the state agency or political subdivision that
provided the information to verify the debt. The prize shall be
paid to the claimant if the debt is not verified by the submitting state agency or political subdivision within two working
days. If the debt is verified, the prize shall be disbursed pursuant to subsection (3) of this section.
(3) Prior to disbursement, any lottery prize exceeding six
hundred dollars shall be set off against any debts owed by the
prize winner to a state agency or political subdivision, or that
the state is authorized to enforce or collect. [1986 c 83 § 2.]
Policy—1986 c 83: "The award of prizes by the state lottery is one of
many functions of the state government. As such, the lottery prizes should be
subject to debts owed to the state or that the state is authorized to enforce or
collect. This policy expedites collections of obligations through interagency
cooperation." [1986 c 83 § 1.]
Effective date—1986 c 83: "This act shall take effect September 1,
1986." [1986 c 83 § 3.]
67.70.260
67.70.260 Lottery administrative account created.
There is hereby created the lottery administrative account in
the state treasury. The account shall be managed, controlled,
and maintained by the director. The legislature may appropriate from the account for the payment of costs incurred in the
operation and administration of the lottery. During the 20012003 fiscal biennium, the legislature may transfer from the
lottery administrative account to the state general fund such
amounts as reflect the appropriations reductions made by the
2002 supplemental appropriations act for administrative efficiencies and savings. [2002 c 371 § 919; 1985 c 375 § 6;
1982 2nd ex.s. c 7 § 26.]
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
(2006 Ed.)
67.70.310
67.70.270
67.70.270 Members of commission—Compensation—Travel expenses. Each member of the commission
shall be compensated in accordance with RCW 43.03.250
and shall be reimbursed for actual necessary traveling and
other expenses in going to, attending, and returning from
meetings of the commission and actual and necessary traveling and other expenses incurred in the discharge of such
duties as may be requested by a majority vote of the commission or by the director. [1984 c 287 § 101; 1982 2nd ex.s. c 7
§ 27.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
67.70.280
67.70.280 Application of administrative procedure
act. The provisions of the administrative procedure act,
chapter 34.05 RCW, shall apply to administrative actions
taken by the commission or the director pursuant to this chapter. [1982 2nd ex.s. c 7 § 28.]
67.70.290
67.70.290 Post-audits by state auditor. The state auditor shall conduct an annual post-audit of all accounts and
transactions of the lottery and such other special post-audits
as he may be directed to conduct pursuant to chapter 43.09
RCW. [1982 2nd ex.s. c 7 § 29.]
67.70.300
67.70.300 Investigations by attorney general authorized. The attorney general may investigate violations of this
chapter, and of the criminal laws within this state, by the
commission, the director, or the director’s employees, licensees, or agents, in the manner prescribed for criminal investigations in RCW 43.10.090. [1987 c 511 § 13; 1982 2nd ex.s.
c 7 § 30.]
67.70.310
67.70.310 Management review by director of financial management. The director of financial management
may conduct a management review of the commission’s lottery operations to assure that:
(1) The manner and time of payment of prizes to the
holder of winning tickets or shares is consistent with this
chapter and the rules adopted under this chapter;
(2) The apportionment of total revenues accruing from
the sale of lottery tickets or shares and from all other sources
is consistent with this chapter;
(3) The manner and type of lottery being conducted, and
the expenses incidental thereto, are the most efficient and
cost-effective; and
(4) The commission is not unnecessarily incurring operating and administrative costs.
In conducting a management review, the director of
financial management may inspect the books, documents,
and records of the commission. Upon completion of a management review, all irregularities shall be reported to the
attorney general, the joint legislative audit and review committee, and the state auditor. The director of financial management shall make such recommendations as may be necessary for the most efficient and cost-effective operation of the
lottery. [1996 c 288 § 50; 1982 2nd ex.s. c 7 § 31.]
[Title 67 RCW—page 51]
67.70.320
Title 67 RCW: Sports and Recreation—Convention Facilities
67.70.320
67.70.320 Verification by certified public accountant. The director of financial management shall select a certified public accountant to verify that:
(1) The manner of selecting the winning tickets or shares
is consistent with this chapter; and
(2) The manner and time of payment of prizes to the
holder of winning tickets or shares is consistent with this
chapter. The cost of these services shall be paid from moneys
placed within the lottery administrative account created in
RCW 67.70.260. [1987 c 511 § 14; 1982 2nd ex.s. c 7 § 32.]
67.70.330
67.70.330 Enforcement powers of director—Office of
the director designated law enforcement agency. The
director shall have the power to enforce this chapter and the
penal laws of this state relating to the conduct of or participation in lottery activities and the manufacturing, importation,
transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. The director, the deputy director, assistant directors,
and each of the director’s investigators, enforcement officers,
and inspectors shall have the power to enforce this chapter
and the penal laws of this state relating to the conduct of or
participation in lottery activities and the manufacturing,
importation, transportation, distribution, possession, and sale
of equipment or paraphernalia used or for use in connection
therewith. They shall have the power and authority to apply
for and execute all warrants and serve process of law issued
by the courts in enforcing the penal provisions of this chapter
and the penal laws of this state relating to the conduct of or
participation in lottery activities and the manufacturing,
importation, transportation, distribution, possession, and sale
of equipment or paraphernalia used or for use in connection
therewith. They shall have the power to arrest without a warrant, any person or persons found in the act of violating any
of the penal provisions of this chapter and the penal laws of
this state relating to the conduct of or participation in lottery
activities and the manufacturing, importation, transportation,
distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. To the extent
set forth in this section, the office of the director shall be a
law enforcement agency of this state with the power to investigate for violations of and to enforce the provisions of this
chapter and to obtain information from and provide information to all other law enforcement agencies. [1987 c 511 § 15;
1982 2nd ex.s. c 7 § 33.]
67.70.340
67.70.340 Transfer of shared game lottery proceeds.
(1) The legislature recognizes that creating a shared game lottery could result in less revenue being raised by the existing
state lottery ticket sales. The legislature further recognizes
that the two funds most impacted by this potential event are
the student achievement fund and the education construction
account. Therefore, it is the intent of the legislature to use
some of the proceeds from the shared game lottery to make
up the difference that the potential state lottery revenue loss
would have on the student achievement fund and the education construction account. The legislature further intends to
use some of the proceeds from the shared game lottery to
fund programs and services related to problem and pathological gambling.
[Title 67 RCW—page 52]
(2) The student achievement fund and the education construction account are expected to collectively receive one
hundred two million dollars annually from state lottery
games other than the shared game lottery. For fiscal year
2003 and thereafter, if the amount of lottery revenues earmarked for the student achievement fund and the education
construction account is less than one hundred two million
dollars, the commission, after making the transfer required
under subsection (3) of this section, must transfer sufficient
moneys from revenues derived from the shared game lottery
into the student achievement fund and the education construction account to bring the total revenue up to one hundred
two million dollars. The funds transferred from the shared
game lottery account under this subsection must be divided
between the student achievement fund and the education construction account in a manner consistent with RCW
67.70.240(3).
(3)(a) The commission shall transfer, from revenue
derived from the shared game lottery, to the problem gambling account created in RCW 43.20A.892, an amount equal
to the percentage specified in (b) of this subsection of net
receipts. For purposes of this subsection, "net receipts"
means the difference between (i) revenue received from the
sale of lottery tickets or shares and revenue received from the
sale of shared game lottery tickets or shares; and (ii) the sum
of payments made to winners.
(b) In fiscal year 2006, the percentage to be transferred to
the problem gambling account is one-tenth of one percent. In
fiscal year 2007 and subsequent fiscal years, the percentage
to be transferred to the problem gambling account is thirteen
one-hundredths of one percent.
(4) The remaining net revenues, if any, in the shared
game lottery account after the transfers pursuant to this section shall be deposited into the general fund. [2005 c 369 § 4;
2002 c 349 § 3.]
Findings—Intent—Severability—Effective date—2005 c 369: See
notes following RCW 43.20A.890.
67.70.902
67.70.902 Construction—1982 2nd ex.s. c 7. This act
shall be liberally construed to carry out the purposes and policies of the act. [1982 2nd ex.s. c 7 § 35.]
67.70.903
67.70.903 Severability—1982 2nd ex.s. c 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1982 2nd ex.s. c 7 § 40.]
67.70.904
67.70.904 Severability—1985 c 375. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 375 § 9.]
67.70.905
67.70.905 Effective date—1985 c 375. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions and shall take effect March 1,
1985. [1985 c 375 § 10.]
Reviser’s note: 1985 c 375 was signed by the governor May 20, 1985.
(2006 Ed.)
Title 68
Title 68
CEMETERIES, MORGUES, AND HUMAN REMAINS
Chapters
68.04 Definitions.
68.05 Cemetery board.
68.20 Private cemeteries.
68.24 Cemetery property.
68.28 Mausoleums and columbariums.
68.32 Title and rights to cemetery plots.
68.36 Abandoned lots.
68.40 Endowment and nonendowment care.
68.44 Endowment care fund.
68.46 Prearrangement contracts.
68.50 Human remains.
68.52 Public cemeteries and morgues.
68.54 Annexation and merger of cemetery districts.
68.56 Penal and miscellaneous provisions.
68.60 Abandoned and historic cemeteries and historic
graves.
Burial and removal permits, death certificates, vital statistics: Chapter
70.58 RCW.
68.04.020
68.04.020 "Human remains," "remains." "Human
remains" or "remains" means the body of a deceased person,
includes the body in any stage of decomposition, and
includes cremated human remains. [2005 c 365 § 27; 1977 c
47 § 1; 1943 c 247 § 2; Rem. Supp. 1943 § 3778-2.]
Short title—1943 c 247: "This act shall be known as the ’General Cemetery Act.’" [1943 c 247 § 1.]
Severability—1943 c 247: "If any section, subdivision, sentence or
clause of this act shall be held invalid or unconstitutional, such holding shall
not affect the validity of the remaining portions of this act." [1943 c 247 §
147.]
The annotations apply to 1943 c 247, the general cemetery act, which
was codified as RCW 68.04.020 through 68.04.240, 68.08.010 through
68.08.030, 68.08.120 through 68.08.220, 68.08.240, 68.20.010 through
68.20.100, 68.24.010 through 68.24.180, 68.28.010 through 68.28.070,
68.32.010 through 68.32.170, 68.36.010 through 68.36.100, 68.40.010
through 68.40.090, 68.44.010 through 68.44.170, and 68.48.040 through
68.48.090.
68.04.030
Burial insurance: RCW 18.39.240 through 18.39.360.
Cemetery districts, excess levies authorized: RCW 84.52.052.
Cemetery funds transferred to state treasury: RCW 43.79.330.
Conveyance of real property by public bodies—Recording: RCW 65.08.095.
Embalmers and funeral directors: Chapter 18.39 RCW.
Funeral service contracts: RCW 18.39.240 through 18.39.360.
Indian graves and records: Chapter 27.44 RCW.
Indigent persons: RCW 36.39.030.
Veterans, burial: Chapter 73.24 RCW.
Vital statistics: Chapter 70.58 RCW.
Washington veterans’ home and soldiers’ home, burial of deceased members: RCW 72.36.110.
Chapter 68.04
Chapter 68.04 RCW
DEFINITIONS
Sections
68.04.020
68.04.030
68.04.040
68.04.050
68.04.060
68.04.070
68.04.080
68.04.100
68.04.110
68.04.120
68.04.130
68.04.140
68.04.150
68.04.160
68.04.165
68.04.170
68.04.190
68.04.210
68.04.230
68.04.240
68.04.250
68.04.260
68.04.270
68.04.280
(2006 Ed.)
"Human remains," "remains."
"Cremated human remains."
"Cemetery."
"Burial park."
"Mausoleum."
"Crematory."
"Columbarium."
"Interment."
"Cremation."
"Inurnment."
"Entombment."
"Burial."
"Grave."
"Crypt."
"Outer burial container."
"Niche."
"Cemetery authority."
"Cemetery business."
"Lot" or "plot."
"Owner of interment rights."
"Interment right."
"Scattering garden."
"Scattering."
"Multiple interment."
68.04.030 "Cremated human remains." "Cremated
human remains" means the end products of cremation. [2005
c 365 § 28; 1977 c 47 § 2; 1943 c 247 § 3; Rem. Supp. 1943
§ 3778-3.]
68.04.040
68.04.040 "Cemetery." "Cemetery" means: (1) Any
one, or a combination of more than one, of the following, in a
place used, or intended to be used for the placement of human
remains and dedicated, for cemetery purposes:
(a) A burial park, for earth interments.
(b) A mausoleum, for crypt interments.
(c) A columbarium, for permanent niche interments; or
(2) For the purposes of chapter 68.60 RCW only, "cemetery" means any burial site, burial grounds, or place where
five or more human remains are buried. Unless a cemetery is
designated as a parcel of land identifiable and unique as a
cemetery within the records of the county assessor, a cemetery’s boundaries shall be a minimum of ten feet in any direction from any burials therein. [2005 c 365 § 29; 1990 c 92 §
7; 1979 c 21 § 1; 1943 c 247 § 4; Rem. Supp. § 3778-4.]
68.04.050
68.04.050 "Burial park." "Burial park" means a tract
of land for the burial of human remains in the ground, used or
intended to be used, and dedicated, for cemetery purposes.
[1943 c 247 § 5; Rem. Supp. 1943 § 3778-5.]
68.04.060
68.04.060 "Mausoleum." "Mausoleum" means a
structure or building for the entombment of human remains
in crypts in a place used, or intended to be used, and dedicated, for cemetery purposes. [1979 c 21 § 2; 1943 c 247 § 6;
Rem. Supp. 1943 § 3778-6.]
68.04.070
68.04.070 "Crematory." "Crematory" means a building or area of a building that houses one or more cremation
chambers, to be used for the cremation of human remains.
[Title 68 RCW—page 1]
68.04.080
Title 68 RCW: Cemeteries, Morgues, and Human Remains
[2005 c 365 § 30; 1943 c 247 § 7; Rem. Supp. 1943 § 37787.]
a cemetery for the placement of human remains, and the care
and preservation of the cemetery property. [2005 c 365 § 40;
1943 c 247 § 21; Rem. Supp. 1943 § 3778-21.]
68.04.080
68.04.080 "Columbarium." "Columbarium" means a
structure, room, or other space in a building or structure containing niches for permanent placement of cremated human
remains in a place used, or intended to be used, and dedicated, for cemetery purposes. [2005 c 365 § 31; 1943 c 247
§ 8; Rem. Supp. 1943 § 3778-8.]
68.04.230 "Lot" or "plot." "Lot" or "plot" means
space in a cemetery, used or intended to be used for the interment of human remains. [2005 c 365 § 41; 1943 c 247 § 23;
Rem. Supp. 1943 § 3778-23.]
68.04.230
68.04.240 "Owner of interment rights." "Owner of
interment rights" means any person who is listed as the owner
of record of a right or rights of interment in the office of a
cemetery authority. [2005 c 365 § 45; 1943 c 247 § 24; Rem.
Supp. 1943 § 3778-24.]
68.04.240
68.04.100
68.04.100 "Interment." "Interment" means the placement of human remains in a cemetery. [2005 c 365 § 32;
1943 c 247 § 10; Rem. Supp. 1943 § 3778-10.]
68.04.110
68.04.110 "Cremation." "Cremation" means the
reduction of human remains to bone fragments in a crematory
by means of incineration. [2005 c 365 § 33; 1987 c 331 § 1;
1977 c 47 § 3; 1943 c 247 § 11; Rem. Supp. 1943 § 3778-11.]
68.04.250 "Interment right." "Interment right" means
the right to inter human remains in a particular space in a
cemetery. [2005 c 365 § 42.]
68.04.250
Effective date—1987 c 331: See RCW 68.05.900.
68.04.260 "Scattering garden." "Scattering garden"
means a designated area in a cemetery for the scattering of
cremated human remains. [2005 c 365 § 43.]
68.04.260
68.04.120
68.04.120 "Inurnment." "Inurnment" means placing
cremated human remains in a cemetery. [2005 c 365 § 34;
1943 c 247 § 12; Rem. Supp. 1943 § 3778-12.]
68.04.130
68.04.130 "Entombment." "Entombment" means the
placement of human remains in a crypt. [2005 c 365 § 35;
1943 c 247 § 13; Rem. Supp. 1943 § 3778-13.]
68.04.270 "Scattering." "Scattering" means the
removal of cremated human remains from their container for
the purpose of scattering the cremated human remains in any
lawful manner. [2005 c 365 § 44.]
68.04.270
68.04.280 "Multiple interment." "Multiple interment"
means two or more human remains are buried in the ground,
in outer burial enclosures or chambers, placed one on top of
another, with a ground level surface the same size as a single
grave or right of interment. [2005 c 359 § 1.]
68.04.280
68.04.140
68.04.140 "Burial." "Burial" means the placement of
human remains in a grave. [1943 c 247 § 14; Rem. Supp.
1943 § 3778-14.]
68.04.150
68.04.150 "Grave." "Grave" means a space of ground
in a burial park, used or intended to be used, for burial. [1943
c 247 § 15; Rem. Supp. 1943 § 3778-15.]
Chapter 68.05
Chapter 68.05 RCW
CEMETERY BOARD
68.04.160
68.04.160 "Crypt." "Crypt" means a space in a mausoleum for the placement of human remains. [2005 c 365 § 36;
1979 c 21 § 3; 1943 c 247 § 16; Rem. Supp. 1943 § 3778-16.]
68.04.165
68.04.165 "Outer burial container." "Outer burial
container" means any container which is buried in the ground
for the placement of human remains in the burial process.
Outer burial containers include, but are not limited to vaults,
lawn crypts, and liners. [2005 c 365 § 37; 1979 c 21 § 4.]
68.04.170
68.04.170 "Niche." "Niche" means a space in a columbarium for placement of cremated human remains. [2005 c
365 § 38; 1943 c 247 § 17; Rem. Supp. 1943 § 3778-17.]
68.04.190
68.04.190 "Cemetery authority." "Cemetery authority" means an entity that has obtained a certificate of authority to operate a cemetery from the cemetery board, or any
other entity that operates a cemetery that is not under the
jurisdiction of the cemetery board. [2005 c 365 § 39; 1943 c
247 § 19; Rem. Supp. 1943 § 3778-19.]
68.04.210
68.04.210 "Cemetery business." "Cemetery business"
includes establishing, maintaining, operating, and improving
[Title 68 RCW—page 2]
Sections
68.05.010
68.05.020
68.05.024
68.05.028
68.05.030
68.05.040
68.05.050
68.05.060
68.05.080
68.05.090
68.05.095
68.05.100
68.05.105
68.05.115
68.05.120
68.05.150
68.05.155
68.05.160
68.05.170
68.05.173
68.05.175
68.05.180
68.05.190
68.05.195
68.05.205
Definitions.
"Board" defined.
"Department" defined.
"Director" defined.
"Endowment care," "endowed care" defined.
Cemetery board created—Appointments—Terms.
Qualifications of members.
Compensation and travel expenses.
Meetings.
Administration and enforcement of title.
Officers—Executive secretary.
Rules.
Authority of the board.
Sale or transfer of cemetery authority or creation of a new
cemetery—Penalty for noncompliance.
Actions to enforce law—Attorney general.
Examination of funds—Powers, duties.
Prearrangement sales license.
Action required when authority fails to deposit minimum
endowment amount or comply with prearrangement contract
provisions.
Order requiring reinvestment in compliance with title—
Actions for preservation and protection.
Revocation, suspension of certificate or license.
Permit or endorsement required for cremation—Regulation of
affiliated and nonaffiliated crematories.
Annual report of authority—Contents—Verification.
Examination of reports.
Burial or scatter of cremated remains—Permit.
Fees.
(2006 Ed.)
Cemetery Board
68.05.210
68.05.215
68.05.225
68.05.235
68.05.240
68.05.245
68.05.254
68.05.259
68.05.285
68.05.290
68.05.300
68.05.310
68.05.320
68.05.330
68.05.340
68.05.350
68.05.360
68.05.370
68.05.390
68.05.400
68.05.430
68.05.900
Proof of applicant’s compliance with laws and financial
responsibility.
Certificates—Regulatory charges—Expiration.
Sales licenses—Terms—Fees.
Reports—Failure to file.
Interment, certificate of authority required—Penalty.
Crematory permits or endorsements—Terms—Fees.
Examination of endowment funds and prearrangement trust
funds.
Payment of examination expenses.
"Cemetery account."
Board members’ immunity from suits.
Unprofessional conduct—Disciplinary action.
Prearrangement sales—Disciplinary action.
Board action against authorities—Administrative procedures.
Violation—Penalty—Unfair practice—Other laws applicable.
Board action against authorities—Cease and desist orders.
Delaying board action pending administrative proceedings.
Board action against authorities—Hearing location—Decision—Review.
Board action against authorities—Enforcement of orders.
Permit or endorsement required for cremation—Penalty.
Exemptions from chapter.
Uniform regulation of business and professions act.
Effective date—1987 c 331.
68.05.010 Definitions. The definitions in chapter 68.04
RCW are applicable to this chapter and govern the meaning
of terms used in this chapter, except as otherwise provided.
[2005 c 365 § 46; 1953 c 290 § 26.]
68.05.010
Short title—1953 c 290: "This act shall be known as ’The Cemetery
Act.’" [1953 c 290 § 55.]
68.05.020 "Board" defined. The term "board" used in
this chapter means the cemetery board. [1953 c 290 § 27.]
68.05.020
68.05.024 "Department" defined. "Department" used
in this chapter means the department of licensing. [1987 c
331 § 2.]
68.05.024
68.05.028 "Director" defined. "Director" used in this
chapter means the director of licensing. [1987 c 331 § 3.]
68.05.028
68.05.030 "Endowment care," "endowed care"
defined. The terms "endowment care" or "endowed care"
used in this chapter shall include special care funds and all
funds held for or represented as maintenance funds. [2005 c
365 § 47; 1987 c 331 § 4; 1953 c 290 § 28.]
68.05.030
68.05.040 Cemetery board created—Appointments—Terms. A cemetery board is created to consist of
five members to be appointed by the governor. Appointments shall be for four-year terms. Each member shall hold
office until the expiration of the term for which the member
is appointed or until a successor has been appointed and qualified. [2005 c 365 § 48; 1987 c 331 § 5; 1977 ex.s. c 351 § 1;
1953 c 290 § 31.]
68.05.040
Severability—1977 ex.s. c 351: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 351 § 7.]
68.05.050 Qualifications of members. Four members
of the board shall be persons who have had experience in this
state in the active administrative management of a cemetery
authority or as a member of a cemetery’s board of directors.
One member of the board shall represent the general public
and shall not have a financial interest in the cemetery busi68.05.050
(2006 Ed.)
68.05.100
ness. [2005 c 365 § 49; 1979 c 21 § 5; 1977 ex.s. c 351 § 2;
1953 c 290 § 32.]
Severability—1977 ex.s. c 351: See note following RCW 68.05.040.
68.05.060
68.05.060 Compensation and travel expenses. Each
member of the board shall be compensated in accordance
with RCW 43.03.240 and shall receive travel expenses in
accordance with RCW 43.03.050 and 43.03.060. [1984 c 287
§ 102; 1975-’76 2nd ex.s. c 34 § 156; 1953 c 290 § 33.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
68.05.080
68.05.080 Meetings. The board shall meet at least once
a year in order to conduct its business. The board may meet
at other designated times as determined by the chair, the
director, or a majority of board members. The board may
meet at any place within this state. [2005 c 365 § 50; 1987 c
331 § 6; 1953 c 290 § 35.]
68.05.090
68.05.090 Administration and enforcement of title.
The board shall enforce and administer the provisions of
chapters 68.04 through 68.50 RCW, subject to provisions of
RCW 68.05.400. The board may adopt and amend bylaws
establishing its organization and method of operation. The
board may refer such evidence as may be available concerning violations of chapters 68.04 through 68.50 RCW to the
attorney general or the proper prosecuting attorney, who may
in his or her discretion, with or without such a reference, in
addition to any other action the board might commence, bring
an action against any person to restrain or prevent the doing
of any act or practice prohibited or declared unlawful in chapters 68.04 through 68.50 RCW and shall have standing to
seek enforcement of said provisions in the superior court of
the state of Washington for the county in which the principal
office of the cemetery authority is located. [2005 c 365 § 51;
1987 c 331 § 7; 1979 c 21 § 6; 1953 c 290 § 39.]
68.05.095
68.05.095 Officers—Executive secretary. The board
shall elect annually a chairman and vice chairman and such
other officers as it shall determine from among its members.
The director, in consultation with the board, may employ and
prescribe the duties of the executive secretary. The executive
secretary shall have a minimum of five years’ experience in
cemetery management unless this requirement is waived by
the board. [1987 c 331 § 8; 1953 c 290 § 34. Formerly RCW
68.05.070.]
68.05.100
68.05.100 Rules. The board may establish necessary
rules for the enforcement of this title and the laws subject to
its jurisdiction. The board shall prescribe the application
forms and reports provided for in this title. Rules regulating
the cremation of human remains and establishing requirements shall be adopted in consultation with the state board of
funeral directors and embalmers. [2005 c 365 § 52; 1993 c 43
§ 3; 1987 c 331 § 9; 1985 c 402 § 8; 1953 c 290 § 36.]
Effective date of 1993 c 43—1993 sp.s. c 24: See note following RCW
18.39.290.
Legislative finding—1985 c 402: See note following RCW 68.50.185.
[Title 68 RCW—page 3]
68.05.105
Title 68 RCW: Cemeteries, Morgues, and Human Remains
68.05.105
68.05.105 Authority of the board. In addition to the
authority in RCW 18.235.030, the board has the following
authority:
(1) To adopt, amend, and rescind rules necessary to carry
out this title; and
(2) To adopt standards of professional conduct or practice. [2005 c 365 § 53; 2002 c 86 § 316; 1987 c 331 § 10.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.115
68.05.115 Sale or transfer of cemetery authority or
creation of a new cemetery—Penalty for noncompliance.
Prior to the sale or transfer of ownership or control of any
cemetery authority or the creation of a new cemetery, any
person or entity desiring to acquire such ownership or control
or to create a new cemetery shall apply in writing to the board
for a new certificate of authority to operate a cemetery. The
board shall enter any order deemed necessary for the protection of all endowment care funds and/or prearrangement trust
fund during such transfer. As a condition of applying for a
new certificate of authority, the entity desiring to acquire
such ownership or control must agree to be bound by all then
existing prearrangement contracts. Persons and business
entities selling and persons and business entities purchasing
ownership or control of a cemetery authority shall each verify
and attest to an endowment care fund report and/or a prearrangement trust fund report showing the status of such funds
on the date of the sale on a written report form prescribed by
the board. Such reports shall be considered part of the application for authority to operate. Failure to comply with this
section shall be a gross misdemeanor and any sale or transfer
in violation of this section shall be void. [2005 c 365 § 54;
1987 c 331 § 11; 1979 c 21 § 11; 1973 1st ex.s. c 68 § 17;
1969 ex.s. c 99 § 5. Formerly RCW 68.05.255.]
68.05.120
68.05.120 Actions to enforce law—Attorney general.
The board is authorized to bring actions to enforce the provisions of the law subject to its jurisdiction, in which actions it
shall be represented by the attorney general. [1953 c 290 §
38.]
68.05.150
68.05.150 Examination of funds—Powers, duties. In
making such examination the board:
(1) Shall have free access to the books and records relating to the endowment care funds and prearrangement trust
funds;
(2) Shall inspect and examine the endowment care funds
and prearrangement trust funds to determine their condition
and the status of the investments; and
(3) Shall verify that the cemetery authority has complied
with all the laws applicable to endowment care funds and prearrangement trust funds. [2005 c 365 § 55; 1979 c 21 § 8;
1973 1st ex.s. c 68 § 14; 1953 c 290 § 44.]
68.05.155
68.05.155 Prearrangement sales license. To enter into
prearrangement contracts as defined in RCW 68.46.010, a
cemetery authority shall have a valid prearrangement sales
license. To apply for a prearrangement sales license, a cemetery authority shall:
[Title 68 RCW—page 4]
(1) File with the board its request showing:
(a) Its name, location, and organization date;
(b) The kinds of cemetery business or merchandise it
proposes to transact;
(c) A statement of its current financial condition, management, and affairs on a form satisfactory to or furnished by
the board; and
(d) Such other documents, stipulations, or information as
the board may reasonably require to evidence compliance
with the provisions of this chapter; and
(2) Deposit with the department the fees required by this
chapter to be paid for filing the accompanying documents,
and for the prearrangement sales license, if granted. [1987 c
331 § 12; 1979 c 21 § 28. Formerly RCW 68.46.140.]
68.05.160
68.05.160 Action required when authority fails to
deposit minimum endowment amount or comply with
prearrangement contract provisions. If any examination
made by the board, or any report filed with it, shows that
there has not been collected and deposited in the endowment
care funds the minimum amounts required by this title, or if
the board finds that the cemetery authority has failed to comply with the requirements of this chapter and chapter 68.46
RCW with respect to prearrangement contracts, merchandise,
or services, unconstructed crypts or niches or undeveloped
graves, or prearrangement trust funds, the board shall require
such cemetery authority to comply with this chapter or with
chapter 68.40 or 68.46 RCW, as the case may be. [1979 c 21
§ 9; 1973 1st ex.s. c 68 § 15; 1953 c 290 § 45.]
68.05.170
68.05.170 Order requiring reinvestment in compliance with title—Actions for preservation and protection.
(1) Whenever the board finds, after notice and hearing, that
any endowment care funds have been invested in violation of
this title, it may by written order mailed to the person or body
in charge of the fund require the reinvestment of the funds in
conformity with this title within the period specified by it
which shall be not more than six months. Such period may be
extended by the board in its discretion.
(2) The board may bring actions for the preservation and
protection of endowment care funds in the superior court of
the county in which the cemetery is located. The court shall
appoint substitute trustees and make any other order which
may be necessary for the preservation, protection, and recovery of endowment care funds, whenever a cemetery authority
or the trustees of its fund have:
(a) Transferred or attempted to transfer any property to,
or made any loan from, the endowment care funds for the
benefit of the cemetery authority or any director, officer,
agent or employee of the cemetery authority or trustee of any
endowment care funds; or,
(b) Failed to reinvest endowment care funds in accordance with a board order issued under subsection (1) of this
section; or,
(c) Invested endowment care funds in violation of this
title; or,
(d) Taken action or failed to take action to preserve and
protect the endowment care funds; or,
(2006 Ed.)
Cemetery Board
(e) Become financially irresponsible or transferred control of the cemetery authority to any person who, or business
entity which, is financially irresponsible; or,
(f) Is in danger of becoming insolvent or has gone into
bankruptcy or receivership; or,
(g) Taken any action in violation of Title 68 RCW or
failed to take action required by Title 68 RCW or has failed
to comply with lawful rules and orders of the board.
(3) Whenever the board or its representative has reason
to believe that endowment care funds or prearrangement trust
funds are in danger of being lost or diminished during the
time required for notice and hearing, it may immediately
impound or seize documents, financial instruments, or other
trust fund assets, or take other actions deemed necessary
under the circumstances for the preservation and protection
of endowment care funds or prearrangement trust funds,
including, but not limited to, immediate substitutions of trustees. [2005 c 365 § 56; 2002 c 86 § 317; 1987 c 331 § 23;
1969 ex.s. c 99 § 1; 1953 c 290 § 46.]
68.05.225
68.05.190
68.05.190 Examination of reports. The board shall
examine the reports filed with it as to their compliance with
the requirements of the law. [1953 c 290 § 41.]
68.05.195
68.05.195 Burial or scatter of cremated remains—
Permit. Any person other than persons defined in RCW
68.50.160 who buries or scatters cremated remains by land,
air, or sea or performs any other disposition of cremated
human remains outside of a cemetery shall have a permit
issued in accordance with RCW 68.05.100 and shall be subject to that section. [2005 c 365 § 58; 1987 c 331 § 15.]
68.05.205
Effective dates—2002 c 86: See note following RCW 18.08.340.
68.05.205 Fees. The director with the consent of the
cemetery board shall set all fees for chapters 68.05, 68.20,
68.24, 68.28, 68.32, 68.36, 68.40, 68.44, and 68.46 RCW in
accordance with RCW 43.24.086, including fees for licenses,
certificates, regulatory charges, permits, or endorsements,
and the department shall collect the fees. [1993 c 43 § 4;
1987 c 331 § 16; 1983 1st ex.s. c 5 § 1; 1977 ex.s. c 351 § 4;
1969 ex.s. c 99 § 4; 1953 c 290 § 51. Formerly RCW
68.05.230.]
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date of 1993 c 43—1993 sp.s. c 24: See note following RCW
18.39.290.
68.05.173
68.05.173 Revocation, suspension of certificate or
license. Upon violation of any of the provisions of this title,
the board may revoke or suspend the certificate of authority
or any other license issued by the board. [2005 c 365 § 57;
1987 c 331 § 24; 1953 c 290 § 49. Formerly RCW
68.05.250.]
68.05.175
68.05.175 Permit or endorsement required for cremation—Regulation of affiliated and nonaffiliated crematories. A permit or endorsement issued by the cemetery
board or under chapter 18.39 RCW is required in order to
operate a crematory or conduct a cremation. Crematories
owned or operated by or located on property licensed as a
funeral establishment shall be regulated by the board of
funeral directors and embalmers. Crematories not affiliated
with a funeral establishment shall be regulated by the cemetery board. [1987 c 331 § 13; 1985 c 402 § 4. Formerly RCW
68.05.257.]
Legislative finding—1985 c 402: See note following RCW 68.50.185.
68.05.180
68.05.180 Annual report of authority—Contents—
Verification. Each cemetery authority in charge of cemetery
endowment care funds shall annually, and within ninety days
after the end of the calendar or fiscal year of the cemetery
authority, file with the board a written report in form and content prescribed by the board.
These reports shall be verified by the president or vice
president, one other officer of the cemetery authority, the
accountant or auditor preparing the same, and, if required by
the board for good cause, a certified public accountant in
accordance with generally accepted auditing standards.
[1979 c 21 § 10; 1977 ex.s. c 351 § 3; 1973 1st ex.s. c 68 § 16;
1953 c 290 § 40.]
Severability—1977 ex.s. c 351: See note following RCW 68.05.040.
(2006 Ed.)
Severability—1983 1st ex.s. c 5: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 5 § 3.]
Severability—1977 ex.s. c 351: See note following RCW 68.05.040.
68.05.210
68.05.210 Proof of applicant’s compliance with laws
and financial responsibility. The board may require such
proof as it deems advisable concerning the compliance by
such applicant to all the laws, rules, regulations, ordinances
and orders applicable to it. The board shall also require proof
that the applicant and its officers and directors are financially
responsible, in order that only cemeteries of permanent benefit to the community in which they are located will be established in this state. [2005 c 365 § 59; 1969 ex.s. c 99 § 2;
1953 c 290 § 48.]
68.05.215
68.05.215 Certificates—Regulatory charges—Expiration. The regulatory charges for cemetery certificates at all
periods of the year are the same as provided in this chapter.
All regulatory charges are payable at the time of the filing of
the application and in advance of the issuance of the certificates. All certificates shall be issued for the year and shall
expire at midnight, the thirty-first day of January of each
year, or at whatever time during any year that ownership or
control of any cemetery authority is transferred or sold.
Cemetery certificates shall not be transferable. [2005 c 365 §
60; 1987 c 331 § 17; 1969 ex.s. c 99 § 3; 1953 c 290 § 50.
Formerly RCW 68.05.220.]
68.05.225
68.05.225 Sales licenses—Terms—Fees. All prearrangement sales licenses issued under this chapter shall be
issued for the year and shall expire at midnight, the thirtyfirst day of January of each year, or at whatever time during
any year that ownership or control of any cemetery authority
is transferred or sold.
The director, in accordance with RCW 43.24.086, shall
set and the department shall collect in advance the fees
[Title 68 RCW—page 5]
68.05.235
Title 68 RCW: Cemeteries, Morgues, and Human Remains
required for licensing. [2005 c 365 § 61; 1987 c 331 § 18;
1979 c 21 § 29. Formerly RCW 68.46.180.]
68.05.235
68.05.235 Reports—Failure to file. (1) Each authorized cemetery authority shall, within ninety days after the
close of its accounting year, file with the board an endowment care trust fund report and a prearrangement trust fund
report for the preceding year. The reports shall be on such
forms and shall contain such information as required by this
chapter and by the board.
(2) The failure to file a report as required under subsection (1) of this section constitutes unprofessional conduct for
which the board may take disciplinary action against the prearrangement sales license of the cemetery authority. In addition, the board may take disciplinary action against any other
license held by the cemetery authority. [2005 c 365 § 62;
2002 c 86 § 318; 1987 c 331 § 19; 1979 c 21 § 37. Formerly
RCW 68.46.095.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.240
68.05.240 Interment, certificate of authority
required—Penalty. It shall be a misdemeanor for any cemetery authority to make any interment without a valid, unsuspended certificate of authority. Each interment shall be a
separate violation. [2005 c 365 § 63; 1953 c 290 § 52.]
68.05.245
68.05.245 Crematory permits or endorsements—
Terms—Fees. All crematory permits or endorsements
issued under this chapter shall be issued for the year and shall
expire at midnight, the thirty-first day of January of each
year, or at whatever time during any year that ownership or
control of any cemetery authority which operates such crematory is transferred or sold.
The director shall set and the department shall collect in
advance the fees required for licensing. [2005 c 365 § 64;
1987 c 331 § 20.]
ers or beneficiaries of prearrangement merchandise or services alleging that the prearrangement trust funds are not in
compliance with this title, in either of which cases, the examination shall be at the expense of the petitioners.
(2) The expense of the endowment care and prearrangement trust fund examination as provided in subsection (1)(a)
and (b) of this section shall be paid by the cemetery authority.
Such examination shall be privately conducted in the principal office of the cemetery authority.
(3) The requirements that examinations be conducted
once every three years and that they be conducted in the principal office of the cemetery authority do not apply to any
endowment care or prearrangement fund that is less than
twenty-five thousand dollars. The board shall, at its discretion, decide when and where the examinations shall take
place.
(4) Examination expenses incurred in conjunction with a
transfer of ownership of a cemetery must be paid by the selling entity.
(5) All examination expense moneys collected by the
department must be paid to the cemetery account created in
RCW 68.05.285. [2005 c 365 § 65; 1987 c 331 § 21; 1979 c
21 § 7; 1973 1st ex.s. c 68 § 12; 1953 c 290 § 42. Formerly
RCW 68.05.130.]
68.05.259
68.05.259 Payment of examination expenses. If any
cemetery authority refuses to pay any examination expenses
within thirty days of completion of the examination or
refuses to pay certain examination expenses in advance as
required by the department for cause, the board may take disciplinary action against any existing certificate of authority.
[2005 c 365 § 66; 2002 c 86 § 319; 1987 c 331 § 22; 1973 1st
ex.s. c 68 § 13; 1953 c 290 § 43. Formerly RCW 68.05.140.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.285
68.05.254
68.05.254 Examination of endowment funds and prearrangement trust funds. (1) The board shall examine the
endowment care and prearrangement trust fund or funds of a
cemetery authority:
(a) Whenever it deems necessary, but at least once every
three years after the original examination except where the
cemetery authority is either required by the board to, or voluntarily files an annual financial report for the fund certified
by a certified public accountant or a licensed public accountant in accordance with generally accepted auditing standards;
(b) One year following the issuance of a new certificate
of authority;
(c) Whenever the cemetery authority in charge of
endowment care or prearrangement trust fund or funds fails
after reasonable notice from the board to file the reports
required by this chapter; or
(d) Whenever it is requested by verified petition signed
by twenty-five lot owners alleging that the endowment care
funds are not in compliance with this title, or whenever it is
requested by verified petition signed by twenty-five purchas[Title 68 RCW—page 6]
68.05.285 "Cemetery account." The cemetery
account is created in the custody of the state treasurer. All
moneys received under this chapter must be deposited in the
account. Expenditures from the account may be used only
for the purposes of this chapter. Only the cemetery board
may authorize expenditures from the account. The account is
subject to allotment procedures under chapter 43.88 RCW,
but an appropriation is not required for expenditures. [2005 c
365 § 67; 1953 c 290 § 29. Formerly RCW 68.05.270.]
Cemetery fund abolished and moneys transferred to cemetery account in
state treasury: RCW 43.79.330 through 43.79.334.
68.05.290
68.05.290 Board members’ immunity from suits.
Members of the board shall be immune from suit in any
action, civil or criminal, based upon any official acts performed in good faith as members of the board. The state shall
defend, indemnify, and hold the members of the board harmless from all claims or suits arising in any manner from such
acts. Expenses incurred by the state under this section shall
be paid from the general fund. [2005 c 365 § 68; 1979 c 21 §
12.]
(2006 Ed.)
Cemetery Board
68.05.300 Unprofessional conduct—Disciplinary
action. In addition to the unprofessional conduct described
in RCW 18.235.130, the board may take disciplinary action if
the cemetery authority:
(1) Fails to comply with any provision of this chapter or
any proper order or regulation of the board;
(2) Is found by the board to be in such condition that further execution of prearrangement contracts would be hazardous to purchasers or beneficiaries and the people of this state;
or
(3) Is found by the board after investigation or receipt of
reliable information to be managed by persons who are
incompetent or untrustworthy or so lacking in managerial
experience as to make the proposed or continued operation
hazardous to purchasers, beneficiaries, or the public. [2002 c
86 § 320; 1987 c 331 § 25; 1979 c 21 § 30. Formerly RCW
68.46.190.]
68.05.300
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.310
68.05.310 Prearrangement sales—Disciplinary
action. No cemetery authority whose prearrangement sales
license has been the subject of disciplinary action shall be
authorized to enter into prearrangement contracts unless specifically authorized by the board and only upon full compliance with the conditions required by the board. Any prearrangement sale by an unlicensed cemetery authority shall be
voidable by the purchaser who shall be entitled to a full
refund. [2002 c 86 § 321; 1989 c 175 § 124; 1987 c 331 § 26;
1979 c 21 § 31. Formerly RCW 68.46.200.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date—1989 c 175: See note following RCW 34.05.010.
68.05.320
68.05.320 Board action against authorities—Administrative procedures. (1) The board or its authorized representative may issue and serve upon a cemetery authority a
notice of charges if in the opinion of the board or its authorized representative the cemetery authority:
(a) Is engaging in or has engaged in practices likely to
endanger the future delivery of cemetery merchandise or services, unconstructed crypts or niches, or undeveloped graves;
(b) Is violating or has violated any statute of the state of
Washington or any rule of the board; or
(c) Is about to do an act prohibited in (a) or (b) of this
subsection when the opinion is based upon reasonable cause.
(2) The notice shall contain a statement of the facts constituting the alleged violation or practice and shall fix a time
and place at which a hearing will be held to determine
whether an order to cease and desist should issue against the
cemetery authority. The hearing shall be set not earlier than
ten nor later than thirty days after service of the notice unless
a later date is set by the board or its authorized representative
at the request of the cemetery authority.
Unless the cemetery authority appears at the hearing by
a duly authorized representative it shall be deemed to have
consented to the issuance of a cease and desist order. In the
event of this consent or if upon the record made at the hearing
the board finds that any violation or practice specified in the
(2006 Ed.)
68.05.340
notice of charges has been established, the board may issue
and serve upon the cemetery authority an order to cease and
desist from the violation or practice. The order may require
the cemetery authority and its directors, officers, employees,
and agents to cease and desist from the violation or practice
and may require the cemetery authority to take affirmative
action to correct the conditions resulting from the violation or
practice.
(3) A cease and desist order shall become effective at the
expiration of ten days after service of the order upon the cemetery authority except that a cease and desist order issued
upon consent shall become effective as provided in the order
unless it is stayed, modified, terminated, or set aside by
action of the board or a reviewing court.
(4) The powers of the board under this section are in
addition to the power of the board to take disciplinary action
against a cemetery authority’s prearrangement sales license.
[2002 c 86 § 322; 1979 c 21 § 32. Formerly RCW 68.46.220.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.330
68.05.330 Violation—Penalty—Unfair practice—
Other laws applicable. Unless specified otherwise in this
title, any person who violates or aids or abets any person in
the violation of any of the provisions of this title shall be
guilty of a class C felony punishable under chapter 9A.20
RCW. A violation shall constitute an unfair practice under
chapter 19.86 RCW and shall be grounds for disciplinary
action against the certificate of authority or any other license
issued by the board under this chapter and chapter 18.235
RCW. Retail installment transactions under this chapter shall
be governed by chapter 63.14 RCW. The provisions of this
chapter shall not affect any other remedy available at law.
[2005 c 365 § 69; 2002 c 86 § 323; 1987 c 331 § 27; 1984 c
53 § 6; 1979 c 21 § 39. Formerly RCW 68.46.210.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.340
68.05.340 Board action against authorities—Cease
and desist orders. Whenever the board or its authorized representative determines that a cemetery authority is in violation of this title or that the continuation of acts or practices of
the cemetery authority is likely to cause insolvency or substantial loss of assets or earnings of the cemetery authority’s
endowment care or prearrangement trust fund, the board, or
its authorized representative, may issue a temporary order
requiring the cemetery authority to cease and desist from the
violation or practice. The order shall become effective upon
service on the cemetery authority. The order shall remain
effective unless set aside, limited, or suspended by a court in
proceedings under RCW 68.05.350, until the board dismisses
the charges specified in the notice, or until the effective date
of a cease and desist order issued against the cemetery
authority under RCW 68.05.320. Actions for unlicensed
activity must be conducted under RCW 18.235.150. [2005 c
365 § 70; 2002 c 86 § 324; 1987 c 331 § 28; 1979 c 21 § 33.
Formerly RCW 68.46.230.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
[Title 68 RCW—page 7]
68.05.350
Title 68 RCW: Cemeteries, Morgues, and Human Remains
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.350
68.05.350 Delaying board action pending administrative proceedings. Within ten days after a cemetery
authority has been served with a temporary cease and desist
order issued under RCW 68.05.320, the cemetery authority
may apply to the superior court in the county of its principal
place of business for an injunction setting aside, limiting, or
suspending the order pending completion of the administrative proceedings under RCW 68.05.320. [2002 c 86 § 325;
1987 c 331 § 29; 1979 c 21 § 34. Formerly RCW 68.46.240.]
68.05.900
68.05.900 Effective date—1987 c 331. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect July 1, 1987.
[1987 c 331 § 91.]
Chapter 68.20
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
68.05.360
68.05.360 Board action against authorities—Hearing
location—Decision—Review. Any administrative hearing
under RCW 68.05.320 may be held at such place as is designated by the board and shall be conducted in accordance with
chapter 34.05 RCW.
Within sixty days after the hearing the board shall render
a decision which shall include findings of fact upon which the
decision is based and shall issue and serve upon each party to
the proceeding an order or orders consistent with RCW
68.05.320.
Review of the decision shall be as provided in chapter
34.05 RCW. [1987 c 331 § 30; 1979 c 21 § 35. Formerly
RCW 68.46.250.]
Chapter 68.20 RCW
PRIVATE CEMETERIES
Sections
68.20.010
68.20.020
68.20.030
68.20.040
68.20.050
68.20.060
68.20.061
68.20.062
68.20.063
68.20.064
68.20.065
68.20.066
68.20.067
68.20.070
68.20.080
68.20.110
68.20.120
68.20.140
Incorporation required.
Corporations, how organized.
Powers of existing corporations enlarged.
Prior corporations not affected.
General powers of cemetery corporations.
Specific powers—Rule making and enforcement.
Specific powers—Control of property.
Specific powers—Regulation as to type of markers, monuments, etc.
Specific powers—Regulation or prohibition as to the erection
of monuments, effigies, etc.
Specific powers—Regulation of plants and shrubs.
Specific powers—Prevention of interment.
Specific powers—Prevention of improper assemblages.
Specific powers—Rules and regulations for general purposes.
Rules and regulations—Posting.
Cities and counties may regulate cemeteries.
Nonprofit cemetery association—Tax exempt land.
Sold lots exempt from taxes, etc.—Nonprofit associations.
Certain cemeteries exempt from chapter.
68.05.370
68.05.370 Board action against authorities—
Enforcement of orders. The board may apply to the superior court of the county of the principal place of business of
the cemetery authority affected for enforcement of any effective and outstanding order issued under RCW 68.05.320 or
68.05.340, and the court shall have jurisdiction to order compliance with the order. [1987 c 331 § 31; 1979 c 21 § 36. Formerly RCW 68.46.260.]
68.05.390
68.05.390 Permit or endorsement required for cremation—Penalty. Conducting a cremation without a permit
or endorsement is a misdemeanor. Each such cremation is a
violation. [1987 c 331 § 32.]
68.05.400
68.05.400 Exemptions from chapter. The provisions
of this chapter do not apply to any of the following:
(1) Nonprofit cemeteries which are owned or operated
by any recognized religious denomination which qualifies for
an exemption from real estate taxation under RCW 84.36.020
on any of its churches or the ground upon which any of its
churches are or will be built; or
(2) Any cemetery controlled and operated by a coroner,
county, city, town, or cemetery district. [1979 c 21 § 13;
1961 c 133 § 1; 1953 c 290 § 30. Formerly RCW 68.05.280.]
68.05.430
68.05.430 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 326.]
[Title 68 RCW—page 8]
68.20.010
68.20.010 Incorporation required. It is unlawful for
any corporation, copartnership, firm, trust, association, or
individual to engage in or transact any of the businesses of a
cemetery within this state except by means of a corporation
duly organized for that purpose. [1943 c 247 § 42; Rem.
Supp. 1943 § 3778-42.]
68.20.020
68.20.020 Corporations, how organized. Any private
corporation authorized by its articles so to do, may establish,
maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery, either for or
without profit to its members or stockholders. A nonprofit
cemetery corporation may be organized in the manner provided in chapter 24.03 RCW. A profit corporation may be
organized in the manner provided in the general corporation
laws of the state of Washington. [1983 c 3 § 167; 1943 c 247
§ 43; Rem. Supp. 1943 § 3778-43. Prior: 1899 c 33 § 1;
1856-7 p 28 § 1.]
68.20.030
68.20.030 Powers of existing corporations enlarged.
The powers, privileges and duties conferred and imposed
upon any corporation, firm, copartnership, association, trust,
or individual, existing and doing business under the laws of
this state, are hereby enlarged as each particular case may
require to conform to the provisions of *this act. [1943 c 247
§ 45; Rem. Supp. 1943 § 3778-45.]
*Reviser’s note: For "this act," see note following RCW 68.04.020.
68.20.040
68.20.040 Prior corporations not affected. The provisions of *this act do not affect the corporate existence or
(2006 Ed.)
Private Cemeteries
rights or powers of any cemetery organized under any law
then existing prior to June 9, 1943, and as to such cemeteries
and their rights, powers specified in their charters or articles
of incorporation, the laws under which the corporation was
organized and existed and under which such rights and powers become fixed or vested are applicable. [1943 c 247 § 44;
Rem. Supp. 1943 § 3778-44.]
*Reviser’s note: For "this act," see note following RCW 68.04.020.
68.20.120
of interment plots for purposes violative of its restrictions or
rules and regulations. [1943 c 247 § 51; Rem. Supp. 1943 §
3778-51. Formerly RCW 68.20.060, part.]
68.20.066
68.20.066 Specific powers—Prevention of improper
assemblages. It may regulate the conduct of persons and
prevent improper assemblages in the cemetery. [1943 c 247
§ 52; Rem. Supp. 1943 § 3778-52. Formerly RCW
68.20.060, part.]
68.20.050
68.20.050 General powers of cemetery corporations.
Unless otherwise limited by the law under which created[,]
cemetery authorities shall in the conduct of their business
have the same powers granted by law to corporations in general, including the right to contract such pecuniary obligations within the limitation of general law as may be required,
and may secure them by mortgage, deed of trust, or otherwise
upon their property. [1943 c 247 § 59; Rem. Supp. 1943 §
3778-59.]
68.20.067
68.20.067 Specific powers—Rules and regulations
for general purposes. It may make and enforce rules and
regulations for all other purposes deemed necessary by the
cemetery authority for the proper conduct of the business of
the cemetery, for the transfer of any plot or the right of interment, and the protection and safeguarding of the premises,
and the principles, plans, and ideals on which the cemetery is
conducted. [1943 c 247 § 53; Rem. Supp. 1943 § 3778-53.
Formerly RCW 68.20.070, part.]
68.20.060
68.20.060 Specific powers—Rule making and
enforcement. A cemetery authority may make, adopt,
amend, add to, revise, or modify, and enforce rules and regulations for the use, care, control, management, restriction and
protection of all or any part of its cemetery and for the other
purposes specified in RCW 68.20.061 through 68.20.067,
68.20.070 and *68.48.080. [1943 c 247 § 46; Rem. Supp.
1943 § 3778-46. Formerly RCW 68.20.070, part. FORMER
PART OF SECTION: 1943 c 247 §§ 47 through 52 now codified as RCW 68.20.061 through 68.20.066.]
*Reviser’s note: RCW 68.48.080 was recodified as RCW 68.56.050
pursuant to 1987 c 331 § 89.
68.20.061
68.20.061 Specific powers—Control of property. It
may restrict and limit the use of all property within its cemetery, including interment rights. [2005 c 365 § 71; 1943 c 247
§ 47; Rem. Supp. 1943 § 3778-47. Formerly RCW
68.20.060, part.]
68.20.062
68.20.062 Specific powers—Regulation as to type of
markers, monuments, etc. It may regulate the uniformity,
class, and kind of all markers, monuments, and other structures within the cemetery and its subdivisions. [1943 c 247 §
48; Rem. Supp. 1943 § 3778-48. Formerly RCW 68.20.060,
part.]
68.20.063
68.20.063 Specific powers—Regulation or prohibition as to the erection of monuments, effigies, etc. It may
regulate or prohibit the erection of monuments, markers, effigies, and structures within any portion of the cemetery.
[1943 c 247 § 49; Rem. Supp. 1943 § 3778-49. Formerly
RCW 68.20.060, part.]
68.20.064
68.20.064 Specific powers—Regulation of plants and
shrubs. It may regulate or prevent the introduction or care of
plants or shrubs within the cemetery. [1943 c 247 § 50; Rem.
Supp. 1943 § 3778-50. Formerly RCW 68.20.060, part.]
68.20.065
68.20.065 Specific powers—Prevention of interment.
It may prevent interment in any part of the cemetery of
human remains not entitled to interment and prevent the use
(2006 Ed.)
68.20.070
68.20.070 Rules and regulations—Posting. The rules
and regulations made pursuant to RCW 68.20.060 shall be
plainly printed or typewritten and maintained subject to
inspection in the office of the cemetery authority or in such
place or places within the cemetery as the cemetery authority
may prescribe. [1943 c 247 § 54; Rem. Supp. 1943 § 377854. FORMER PART OF SECTION: 1943 c 247 §§ 46 and
53 now codified as RCW 68.20.060 and 68.20.067.]
68.20.080
68.20.080 Cities and counties may regulate cemeteries. Cities and counties are authorized to enact ordinances
regulating or prohibiting the establishment of new cemeteries
or the extension of existing ones and to give power to local
planning commissions to pass upon and make recommendations to local legislative bodies concerning the establishment
or extension of cemeteries. [1943 c 247 § 143; Rem. Supp.
1943 § 3778-143.]
Section applies to certain mausoleums, columbariums, etc.: RCW
68.28.010.
68.20.110
68.20.110 Nonprofit cemetery association—Tax
exempt land. Nonprofit cemetery associations shall be
authorized to purchase or take by gift or devise, and hold land
exempt from execution and from any appropriation to public
purposes for the sole purpose of a cemetery not exceeding
eighty acres, which shall be exempt from taxation if intended
to be used exclusively for burial purposes without discrimination as to race, color, national origin or ancestry, and in
nowise with a view to profit of the members of such association: PROVIDED, That when the land already held by the
association is all practically used then the amount thereof
may be increased by adding thereto not exceeding twenty
acres at a time. [2005 c 365 § 72; 1961 c 103 § 2; 1899 c 33
§ 3; RRS § 3766. Formerly RCW 68.20.110 and 68.24.200.]
Construction—1961 c 103: See note following RCW 49.60.040.
Property taxes, exemptions: RCW 84.36.020.
68.20.120
68.20.120 Sold lots exempt from taxes, etc.—Nonprofit associations. Burial lots, sold by *such association
shall be for the sole purpose of interment, and shall be exempt
[Title 68 RCW—page 9]
68.20.140
Title 68 RCW: Cemeteries, Morgues, and Human Remains
from taxation, execution, attachment or other claims, lien or
process whatsoever, if used as intended, exclusively for
burial purposes and in nowise with a view to profit. [1899 c
33 § 5; RRS § 3768. Formerly RCW 68.24.210.]
*Reviser’s note: For "such association," see note following RCW
68.20.110.
Cemetery property exempt from
execution: RCW 68.24.220.
taxation: RCW 84.36.020.
68.20.140
68.20.140 Certain cemeteries exempt from chapter.
This chapter does not apply to any cemetery controlled and
operated by a coroner, county, city, town, or cemetery district. [1987 c 331 § 33.]
Effective date—1987 c 331: See RCW 68.05.900.
Chapter 68.24
Chapter 68.24 RCW
CEMETERY PROPERTY
68.24.030
68.24.030 Declaration of dedication and maps—Filing. The cemetery authority shall file the map or plat in the
office of the recorder of the county in which all or a portion
of the property is situated. The cemetery authority shall also
file for record in the county recorder’s office a written declaration of dedication of the property delineated on the plat or
map, dedicating the property exclusively to cemetery purposes. [1943 c 247 § 63; Rem. Supp. 1943 § 3778-63.]
County auditor: Chapter 36.22 RCW.
County auditor fees, generally: RCW 36.18.010.
68.24.040
68.24.040 Dedication, when complete. Upon the filing
of the map or plat and the filing of the declaration for record,
the dedication is complete for all purposes and thereafter the
property shall be held, occupied, and used exclusively for a
cemetery and for cemetery purposes. [1943 c 247 § 64; Rem.
Supp. 1943 § 3778-64.]
68.24.050
Sections
68.24.010
68.24.020
68.24.030
68.24.040
68.24.050
68.24.060
68.24.070
68.24.080
68.24.090
68.24.100
68.24.110
68.24.115
68.24.120
68.24.130
68.24.140
68.24.150
68.24.160
68.24.170
68.24.180
68.24.190
68.24.220
68.24.240
68.24.250
Right to acquire property.
Surveys and maps.
Declaration of dedication and maps—Filing.
Dedication, when complete.
Constructive notice.
Maps and plats—Amendment.
Permanency of dedication.
Rule against perpetuities, etc., inapplicable.
Removal of dedication—Procedure.
Notice of hearing.
Sale of plots or rights of interment.
Execution of conveyances.
Plots or rights of interment indivisible.
Sale for resale prohibited—Penalty.
Commission on sales prohibited—Penalty.
Unlawful employment of others to dispose of human remains.
Liens subordinate to dedication.
Record of ownership and transfers.
Opening of roads, railroads through cemetery—Consent
required.
Opening road through cemetery—Penalty.
Burying place exempt from execution.
Certain cemetery lands exempt from taxes, etc.—1901 c 147.
Cemetery arrangements, notice requirements—Disclosure of
multiple interment.
68.24.050 Constructive notice. The filed map or plat
and the recorded declaration are constructive notice to all persons of the dedication of the property to cemetery purposes.
[1943 c 247 § 66; Rem. Supp. 1943 § 3778-66.]
68.24.060
68.24.060 Maps and plats—Amendment. Any part or
subdivision of the property so mapped and plotted may, by
order of the directors, be resurveyed and altered in shape and
size and an amended map or plat filed, so long as such change
does not disturb the interred remains of any deceased person.
[1943 c 247 § 65; Rem. Supp. 1943 § 3778-65.]
68.24.070
68.24.070 Permanency of dedication. After property
is dedicated to cemetery purposes pursuant to RCW
68.24.010 through 68.24.060, neither the dedication, nor the
title of a plot owner, shall be affected by the dissolution of the
cemetery authority, by nonuser on its part, by alienation of
the property, by any incumbrances, by sale under execution,
or otherwise except as provided in *this act. [1943 c 247 §
67; Rem. Supp. 1943 § 3778-67.]
*Reviser’s note: For "this act," see note following RCW 68.04.020.
68.24.010
68.24.010 Right to acquire property. Cemetery
authorities may take by purchase, donation, or devise, property consisting of lands, mausoleums, crematories, and
columbariums, or other property within which the placement
of human remains may be authorized by law. [2005 c 365 §
73; 1943 c 247 § 61; Rem. Supp. 1943 § 3778-61.]
68.24.020
68.24.020 Surveys and maps. Every cemetery authority, from time to time as its property may be required for cemetery purposes, shall:
(1) In case of land, survey and subdivide it into sections,
blocks, plots, avenues, walks, or other subdivisions; make a
good and substantial map or plat showing the sections, plots,
avenues, walks or other subdivisions, with descriptive names
or numbers.
(2) In case of a mausoleum, or columbarium, it shall
make a good and substantial map or plat on which shall be
delineated the sections, halls, rooms, corridors, elevation, and
other divisions, with descriptive names or numbers. [1943 c
247 § 62; Rem. Supp. 1943 § 3778-62.]
[Title 68 RCW—page 10]
68.24.080
68.24.080 Rule against perpetuities, etc., inapplicable. Dedication to cemetery purposes pursuant to *this act is
not invalid as violating any laws against perpetuities or the
suspension of the power of alienation of title to or use of
property, but is expressly permitted and shall be deemed to be
in respect for the dead, a provision for the placement of
human remains, and a duty to, and for the benefit of, the general public. [2005 c 365 § 74; 1943 c 247 § 68; Rem. Supp.
1943 § 3778-68.]
*Reviser’s note: For "this act," see note following RCW 68.04.020.
68.24.090
68.24.090 Removal of dedication—Procedure. Property dedicated to cemetery purposes shall be held and used
exclusively for cemetery purposes, unless and until the dedication is removed from all or any part of it by an order and
decree of the superior court of the county in which the property is situated, in a proceeding brought by the cemetery
authority for that purpose and upon notice of hearing and
proof satisfactory to the court:
(2006 Ed.)
Cemetery Property
(1) That no placements of human remains were made in
or that all placements of human remains have been removed
from that portion of the property from which dedication is
sought to be removed.
(2) That the portion of the property from which dedication is sought to be removed is not being used for placement
of human remains.
(3) That notice of the proposed removal of dedication
has been given in writing to both the cemetery board and the
*office of archaeology and historic preservation. This notice
must be given at least sixty days before filing the proceedings
in superior court. The notice of the proposed removal of dedication shall be recorded with the auditor or recording officer
of the county where the cemetery is located at least sixty days
before filing the proceedings in superior court. [2005 c 365 §
75; 1999 c 367 § 2; 1987 c 331 § 34; 1943 c 247 § 76; Rem.
Supp. 1943 § 3778-76.]
*Reviser’s note: Powers, duties, and functions of the office of archaeology and historic preservation were transferred to the department of archaeology and historic preservation pursuant to 2005 c 333 § 12.
Effective date—1987 c 331: See RCW 68.05.900.
68.24.100 Notice of hearing. The notice of hearing
provided in RCW 68.24.090 shall be given by publication
once a week for at least three consecutive weeks in a newspaper of general circulation in the county where said cemetery
is located, and the posting of copies of the notice in three conspicuous places on that portion of the property from which
the dedication is to be removed. The notice shall:
(1) Describe the portion of the cemetery property sought
to be removed from dedication.
(2) State that all human remains have been removed or
that no interments have been made in the portion of the cemetery property sought to be removed from dedication.
(3) Specify the time and place of the hearing. [2005 c
365 § 76; 1943 c 247 § 77; Rem. Supp. 1943 § 3778-77.]
68.24.100
68.24.110 Sale of plots or rights of interment. After
filing the map or plat and recording the declaration of dedication, a cemetery authority may sell and convey plots or rights
of interment subject to the rules in effect or thereafter adopted
by the cemetery authority. Plots or rights of interment may
be subject to other limitations, conditions, and restrictions as
may be part of the declaration of dedication by reference, or
included in the instrument of conveyance of the plot or rights
of interment. [2005 c 365 § 77; 1943 c 247 § 70; Rem. Supp.
1943 § 3778-70. FORMER PART OF SECTION: 1943 c
247 § 72 now codified as RCW 68.24.115.]
68.24.110
68.24.115 Execution of conveyances. All conveyances
made by a cemetery authority shall be signed by such officer
or officers as are authorized by the cemetery authority. [1943
c 247 § 72; Rem. Supp. 1943 § 3778-72. Formerly RCW
68.24.110, part.]
68.24.115
68.24.120 Plots or rights of interment indivisible. All
plots or rights of interment, the use of which has been conveyed by deed or certificate of ownership as a separate plot or
right of interment, are indivisible except with the consent of
the cemetery authority, or as provided by law. [2005 c 365 §
78; 1943 c 247 § 71; Rem. Supp. 1943 § 3778-71.]
68.24.120
(2006 Ed.)
68.24.180
68.24.130
68.24.130 Sale for resale prohibited—Penalty. It
shall be unlawful for any person, firm, or corporation to sell
or offer to sell a cemetery plot or right of interment upon the
promise, representation, or inducement of resale at a financial
profit. Each person violating this section shall be guilty of a
misdemeanor and each violation shall constitute a separate
offense. [2005 c 365 § 79; 1943 c 247 § 73; Rem. Supp. 1943
§ 3778-73.]
68.24.140
68.24.140 Commission on sales prohibited—Penalty.
It shall be unlawful for a cemetery authority to pay or offer to
pay to any person, firm, or corporation, directly or indirectly,
a commission or bonus or rebate or other thing of value for
the sale of a plot, right of interment, or services. This shall
not apply to an owner or a person regularly employed by the
cemetery authority for such purpose. Each person violating
this section shall be guilty of a misdemeanor and each violation shall constitute a separate offense. [2005 c 365 § 80;
1943 c 247 § 74; Rem. Supp. 1943 § 3778-74.]
68.24.150
68.24.150 Unlawful employment of others to dispose
of human remains. Every person who pays, causes to be
paid, or offers to pay to any other person, firm, or corporation, directly or indirectly, except as provided in RCW
68.24.140, any commission, bonus, or rebate, or other thing
of value in consideration of recommending or causing the
disposition of human remains in any crematory or cemetery,
is guilty of a misdemeanor. Each violation shall constitute a
separate offense. [2005 c 365 § 81; 1943 c 247 § 75; Rem.
Supp. 1943 § 3778-75.]
68.24.160
68.24.160 Liens subordinate to dedication. All mortgages, deeds of trust, and other liens placed upon property
which has been dedicated as a cemetery, or which is afterwards dedicated to cemetery purposes pursuant to this section, shall not affect or defeat the dedication. The mortgage,
deed of trust, or other lien is subject and subordinate to the
dedication. Any and all sales made upon foreclosure are subject and subordinate to the dedication for cemetery purposes.
[2005 c 365 § 82; 1943 c 247 § 60; Rem. Supp. 1943 § 377860.]
Effective date—1943 c 247: See note following RCW 68.20.040.
68.24.170
68.24.170 Record of ownership and transfers. A
record shall be kept of the ownership of all plots or rights of
interment in the cemetery, which have been conveyed by the
cemetery authority and of all transfers of plots and rights of
interment in the cemetery. No transfer of any plot or right of
interment, shall be complete or effective until recorded on the
books of the cemetery authority. [2005 c 365 § 83; 1943 c
247 § 40; Rem. Supp. 1943 § 3778-40. FORMER PART OF
SECTION: 1943 c 247 § 41 now codified as RCW
68.24.175.]
68.24.180
68.24.180 Opening of roads, railroads through cemetery—Consent required. After dedication under this title,
and as long as the property remains dedicated to cemetery
purposes, a railroad, street, road, alley, pipe line, pole line, or
other public thoroughfare or utility shall not be laid out,
through, over, or across any part of it without the consent of
[Title 68 RCW—page 11]
68.24.190
Title 68 RCW: Cemeteries, Morgues, and Human Remains
the cemetery authority or of not less than two-thirds of the
owners of plots or rights of interment. [2005 c 365 § 84; 1994
c 273 § 20; 1984 c 7 § 369; 1959 c 217 § 1; 1947 c 69 § 1;
1943 c 247 § 69; Rem. Supp. 1947 § 3778-69.]
Severability—1984 c 7: See note following RCW 47.01.141.
"DISCLOSURE OF MULTIPLE INTERMENT
State law provides that "multiple interment" means two or
more noncremated human remains are buried in the ground,
in outer burial enclosures or chambers, placed one on top of
another, with a ground level surface the same size as a single
grave or right of interment." [2005 c 359 § 2.]
68.24.190
68.24.190 Opening road through cemetery—Penalty.
Every person who shall make or open any road, or construct
any railway, turnpike, canal, or other public easement over,
through, in, or upon any property used for the burial of
human remains, without authority of law or the consent of the
owner, shall be guilty of a misdemeanor. [2005 c 365 § 85;
1909 c 249 § 241; RRS § 2493.]
68.24.220
68.24.220 Burying place exempt from execution.
Whenever any part of such burying ground shall have been
designated and appropriated by the owners as the burying
place of any particular person or family, the same shall not be
liable to be taken or disposed of by any warrant, execution,
tax, or debt whatever; nor shall the same be liable to be sold
to satisfy the demands of creditors whenever the estate of the
owner shall be insolvent. [2005 c 365 § 86; 1857 p 28 § 2;
RRS § 3760.]
Cemetery property exempt from taxation: RCW 84.36.020.
68.24.240
68.24.240 Certain cemetery lands exempt from taxes,
etc.—1901 c 147. Upon compliance with the requirements
of *this act said lands shall forever be exempt from taxation,
judgment and other liens and executions. [1901 c 147 § 4;
RRS § 3763.]
*Reviser’s note: "this act" appears in 1901 c 147, the remaining sections of which were repealed by 1943 c 247 § 148. These sections read as follows:
"Section 1. Any person owning any land, exclusive of encumbrances of
any kind, situate two miles outside of the corporate limits of any incorporated city or town, may have the same reserved exclusively for burial and
cemetery purposes by complying with the terms of this act, provided said
lands so sought to be reserved shall not exceed in area one acre.
Sec. 2. Such person or persons shall cause such land to be surveyed and
platted.
Sec. 3. A deed of dedication of said tract for burial and cemetery purposes with a copy of said plat shall be filed with the county auditor of the
county in which said lands are situated and the title thereto shall be and
remain in the owner, his heirs and assigns, subject to the trust aforesaid."
Property taxes, exemptions: RCW 84.36.020.
68.24.250
68.24.250 Cemetery arrangements, notice requirements—Disclosure of multiple interment. (1) Every cemetery shall disclose and give to the person making cemetery
arrangements a written statement, contract, or other document that indicates all the items of property, merchandise,
and service that the customer is purchasing, and the price of
those items.
(2) Any cemetery offering single burial use of multiple
interment space must include the following disclosure on the
written statement, contract, or other document in conspicuous
bold face type no smaller than other text provisions in the
written statement, contract, or other document, to be initialed
by the person making the cemetery arrangements in immediate proximity to the space reserved for the signature lines:
[Title 68 RCW—page 12]
Chapter 68.28 RCW
MAUSOLEUMS AND COLUMBARIUMS
Chapter 68.28
Sections
68.28.010
68.28.020
68.28.030
68.28.040
68.28.050
68.28.060
68.28.065
68.28.070
Sections applicable to mausoleums, columbariums, etc.
Building converted to use for human remains placement.
Standards of construction.
Fireproof construction.
Ordinances and specifications to be complied with.
Improper construction a nuisance—Penalty.
Court to fix costs.
Construction in compliance with existing laws.
68.28.010
68.28.010 Sections applicable to mausoleums, columbariums, etc. RCW 68.28.020 through 68.28.070,
68.20.080, *68.20.090, 68.56.040, and 68.56.050, apply to all
buildings, mausoleums, and columbariums used or intended
to be used for the placement of the human remains of fifteen
or more persons, whether erected under or above the surface
of the earth, where any portion of the building is exposed to
view or, when interment is completed, is less than three feet
below the surface of the earth and covered by earth. [2005 c
365 § 87; 1943 c 247 § 134; Rem. Supp. 1943 § 3778-134.]
*Reviser’s note: RCW 68.20.090 was repealed by 2005 c 365 § 161.
68.28.020
68.28.020 Building converted to use for human
remains placement. A building not erected for, or which is
not used as, a place for placement of human remains which is
converted or altered for such use is subject to *this act. [2005
c 365 § 88; 1943 c 247 § 135; Rem. Supp. 1943 § 3778-135.]
*Reviser’s note: For "this act," see note following RCW 68.04.020.
68.28.030
68.28.030 Standards of construction. No building or
structure intended to be used for the placement of human
remains shall be constructed, and a building not used for the
placement of human remains shall not be altered for use or
used for interment purposes, unless constructed of such material and workmanship as will ensure its durability and permanence as dictated and determined at the time by modern mausoleum construction and engineering science. [2005 c 365 §
89; 1943 c 247 § 136; Rem. Supp. 1943 § 3778-136.]
68.28.040
68.28.040 Fireproof construction. All mausoleums or
columbariums hereafter constructed shall be of class A fireproof construction. [1943 c 247 § 137; Rem. Supp. 1943 §
3778-137.]
Effective date—1943 c 247: See note following RCW 68.20.040.
68.28.050
68.28.050 Ordinances and specifications to be complied with. If the proposed site is within the jurisdiction of a
city having ordinances and specifications governing class A
construction, the provisions of the local ordinances and specifications shall not be violated. [1943 c 247 § 138; Rem.
Supp. 1943 § 3778-138.]
(2006 Ed.)
Title and Rights to Cemetery Plots
68.28.060
68.28.060 Improper construction a nuisance—Penalty. Every owner or operator of a mausoleum or columbarium erected in violation of *this act is guilty of maintaining a
public nuisance. A violation of this section is a gross misdemeanor. [2005 c 365 § 90; 2003 c 53 § 306; 1943 c 247 §
140; Rem. Supp. 1943 § 3778-140.]
*Reviser’s note: For "this act," see note following RCW 68.04.020.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.28.065
68.28.065 Court to fix costs. The costs, expenses and
disbursements shall be fixed by the court having jurisdiction
of the case. [1943 c 247 § 141; Rem. Supp. 1943 § 3778141.]
68.28.070
68.28.070 Construction in compliance with existing
laws. The penalties of *this act shall not apply as to any
building which, at the time of construction was constructed in
compliance with the laws then existing, if its use is not in violation of the laws for the protection of public health. [1943 c
247 § 142; Rem. Supp. 1943 § 3778-142.]
*Reviser’s note: For "this act," see note following RCW 68.04.020.
Chapter 68.32 RCW
TITLE AND RIGHTS TO CEMETERY PLOTS
Chapter 68.32
Sections
68.32.010
68.32.020
68.32.030
68.32.040
68.32.050
68.32.060
68.32.070
68.32.080
68.32.090
68.32.100
68.32.110
68.32.130
68.32.140
68.32.150
68.32.160
68.32.170
Presumption as to title.
Vested right of spouse.
Vested right—Termination.
Descent of title to plot or right of interment.
Affidavit as authorization.
Family plot—Sale.
Joint tenants—Vested rights.
Joint tenants—Survivorship.
Joint tenants—Identification.
Co-owners may designate representative.
Order of interment—General.
Waiver of right of placement.
Termination of vested right by waiver.
Limitations on vested rights.
Conveyance of plot or right of interment to cemetery authority,
effect.
Exemption from inheritance tax.
68.32.010
68.32.010 Presumption as to title. All plots or rights of
interment conveyed to individuals are presumed to be the
sole and separate property rights of the owner named in the
instrument of conveyance. [2005 c 365 § 91; 1943 c 247 §
88; Rem. Supp. 1943 § 3778-88.]
68.32.020
68.32.020 Vested right of spouse. The spouse of an
owner of any plot or right of interment containing more than
one placement space has a vested right of placement in the
plot and any person thereafter becoming the spouse of the
owner has a vested right of placement in the plot if more than
one space is unoccupied at the time the person becomes the
spouse of the owner. [2005 c 365 § 92; 1943 c 247 § 89;
Rem. Supp. 1943 § 3778-89.]
68.32.090
nates the vested right of placement unless otherwise provided
in the decree. [2005 c 365 § 93; 1943 c 247 § 90; Rem. Supp.
1943 § 3778-90.]
68.32.040
68.32.040 Descent of title to plot or right of interment. If no placement is made in a plot or right of interment,
which has been transferred by deed or certificate of ownership to an individual owner, the title descends to the surviving spouse. If there is no surviving spouse, the title descends
to the heirs at law of the owner. Following death of the
owner, if all remains previously placed are lawfully removed
and the owner did not dispose of the plot or right of interment
by specific devise or by a written declaration filed and
recorded in the office of the cemetery authority, the title
descends to the surviving spouse. If there is no surviving
spouse, the title descends to the heirs at law of the owner.
[2005 c 365 § 94; 1979 c 21 § 15; 1943 c 247 § 91; Rem.
Supp. 1943 § 3778-91.]
68.32.050
68.32.050 Affidavit as authorization. An affidavit by
a person having knowledge of the facts setting forth the fact
of the death of the owner and the name of the person or persons entitled to the use of the plot or right of interment pursuant to RCW 68.32.010 through 68.32.040, is complete authorization to the cemetery authority to permit the use of the
unoccupied portions of the plot or interment right by the person entitled to the use of it. [2005 c 365 § 95; 1943 c 247 §
93; Rem. Supp. 1943 § 3778-93.]
68.32.060
68.32.060 Family plot—Sale. Whenever an interment
of the human remains of a member or of a relative of a member of the family of the record owner or of the remains of the
record owner is made in a plot transferred by deed or certificate of ownership to an individual owner and both the owner
and the surviving spouse, if any, die with children then living
without making disposition of the plot either by a specific
devise, or by a written declaration filed and recorded in the
office of the cemetery authority, the plot shall thereafter be
held as a family plot and shall be subject to sale only upon
agreement of the children of the owner living at the time of
sale. [2005 c 365 § 96; 1979 c 21 § 16; 1943 c 247 § 98; Rem.
Supp. 1943 § 3778-98.]
68.32.070
68.32.070 Joint tenants—Vested rights. In a conveyance to two or more persons as joint tenants each joint tenant
has a vested right of placement in the plot or right of interment conveyed. [2005 c 365 § 97; 1943 c 247 § 94; Rem.
Supp. 1943 § 3778-94.]
68.32.080
68.32.080 Joint tenants—Survivorship. Upon the
death of a joint tenant, the title to the plot or right of interment
held in joint tenancy immediately vests in the survivors, subject to the vested right of interment of the deceased joint tenant. [2005 c 365 § 98; 1943 c 247 § 95; Rem. Supp. 1943 §
3778-95.]
Joint tenants, simultaneous death: RCW 11.05.030.
68.32.030
68.32.030 Vested right—Termination. No conveyance or other action of the owner without the written consent
of the spouse of the owner divests the spouse of a vested right
of placement. A final decree of divorce between them termi(2006 Ed.)
68.32.090
68.32.090 Joint tenants—Identification. An affidavit
by any person having knowledge of the fact of the death of
one joint tenant and establishing the identity of the surviving
[Title 68 RCW—page 13]
68.32.100
Title 68 RCW: Cemeteries, Morgues, and Human Remains
joint tenants named in the deed to any plot or right of interment, when filed with the cemetery authority, is complete
authorization to the cemetery authority to permit the use of
the unoccupied portion of the plot or right of interment in
accordance with the directions of the surviving joint tenants.
[2005 c 365 § 99; 1943 c 247 § 96; Rem. Supp. 1943 § 377896.]
68.32.100
68.32.100 Co-owners may designate representative.
When there are several owners of a plot or right of interment,
they may designate one or more persons to represent the plot
or interment right and file written notice of designation with
the cemetery authority. In the absence of such notice or of
written objection to its so doing, the cemetery authority is not
liable to any owner for permitting the placement in the plot or
right of interment upon the request or direction of any coowner of the plot or right of interment. [2005 c 365 § 100;
1943 c 247 § 97; Rem. Supp. 1943 § 3778-97.]
68.32.170 Exemption from inheritance tax. Cemetery
property passing to an individual by reason of the death of the
owner is exempt from all inheritance taxes. [1943 c 247 § 92;
Rem. Supp. 1943 § 3778-92.]
68.32.170
Reviser’s note: The inheritance tax was repealed by 1981 2nd ex.s. c 7
§ 83.100.160 (Initiative Measure No. 402). See RCW 83.100.900. For later
enactment, see chapter 83.100 RCW.
Chapter 68.36
Chapter 68.36 RCW
ABANDONED LOTS
Sections
68.36.010
68.36.020
68.36.030
68.36.040
68.36.050
68.36.060
68.36.070
68.36.080
68.36.100
Sale of abandoned space—Presumption of abandonment.
Notice—Requirements—Limitation on placing.
Petition for order of abandonment—Notice and hearing.
Service of notice.
Hearing—Order—Attorneys’ fees.
Contract for care before adjudication.
Contract for care within one year after adjudication.
Sale after one year.
Petition may cover several lots.
68.32.110
68.32.110 Order of interment—General. In a family
plot one right of interment may be used for the owner’s interment and one for the owner’s surviving spouse, if any. Any
unoccupied spaces may then be used by the remaining parents and children of the deceased owner, if any, then to the
spouse of any child of the owner, then to the heirs at law of
the owner, in the order of death. [2005 c 365 § 101; 1943 c
247 § 99; Rem. Supp. 1943 § 3778-99.]
68.36.010 Sale of abandoned space—Presumption of
abandonment. The ownership or right to unoccupied cemetery space in this state shall, upon abandonment, be subject to
forfeiture and sale by the person or entity having ownership
or management of the cemetery. Unoccupied cemetery space
is presumed to be abandoned if it has been neglected and in a
state of disrepair for a period of five years. [2005 c 365 §
106; 1943 c 247 § 78; Rem. Supp. 1943 § 3778-78.]
68.36.010
68.32.130
68.32.130 Waiver of right of placement. Any surviving spouse, parent, child, or heir having a right of placement
in a family plot may waive such right in favor of any other
relative or spouse of a relative of the deceased owner. Upon
such a waiver, the remains of the person in whose favor the
waiver is made may be placed in the plot. [2005 c 365 § 102;
1943 c 247 § 101; Rem. Supp. 1943 § 3778-101.]
68.32.140
68.32.140 Termination of vested right by waiver. A
vested right of placement may be waived and is terminated
upon the placement elsewhere of the remains of the person in
whom vested. [2005 c 365 § 103; 1943 c 247 § 102; Rem.
Supp. 1943 § 3778-102.]
68.32.150
68.32.150 Limitations on vested rights. No vested
right of interment gives any person the right to have his or her
remains interred in any interment space in which the remains
of any deceased person having a prior vested right of interment have been interred. No vested right of interment gives
any person the right to have the remains of more than one
deceased person placed in a single space in violation of the
rules and regulations of the cemetery in which the space is
located. [2005 c 365 § 104; 1943 c 247 § 103; Rem. Supp.
1943 § 3778-103.]
68.32.160
68.32.160 Conveyance of plot or right of interment to
cemetery authority, effect. A cemetery authority may take
and hold any plot or right of interment conveyed to it by the
plot owner so that it will be nontransferable. Placements
shall be restricted to the persons designated in the conveyance. [2005 c 365 § 105; 1943 c 247 § 104; Rem. Supp. 1943
§ 3778-104.]
[Title 68 RCW—page 14]
68.36.020 Notice—Requirements—Limitation on
placing. Cemetery management shall place a suitable notice
on each unoccupied space, setting forth the date the notice is
placed and that the unoccupied space is subject to forfeiture
and sale by the cemetery. If the owner of the unoccupied
space fails during the next three years following the date of
the notice to maintain or care for the unoccupied space, the
cemetery may reclaim the unoccupied space. However, such
a notice cannot be placed on the unoccupied space in any
cemetery lot until twenty years have elapsed since the last
interment in any such lot of a member of the immediate family of the record owner. [2005 c 365 § 107; 1943 c 247 § 79;
Rem. Supp. 1943 § 3778-79.]
68.36.020
68.36.030 Petition for order of abandonment—
Notice and hearing. After a three-year period, the owner or
manager of the cemetery may file a verified petition in the
office of the county clerk, setting forth the facts relating to the
abandonment. The petition may ask for an order of the superior court for abandonment.
At the time of filing the petition, the cemetery authority
shall request a hearing of the petition. The superior court will
fix the time for the hearing. Not less than sixty days before
the time fixed for the hearing of the petition, notice and
nature of the hearing shall be given to the owner of such
unoccupied space. [2005 c 365 § 108; 1943 c 247 § 80; Rem.
Supp. 1943 § 3778-80.]
68.36.030
68.36.040 Service of notice. The notice may be served
personally upon the owner, or may be given by the mailing of
the notice by registered mail to the owner to his or her last
known address and by publishing the notice three times in a
68.36.040
(2006 Ed.)
Endowment and Nonendowment Care
legal newspaper published in the county in which the cemetery is located. In the event that the whereabouts of the owner
is unknown, then the notice may be given by publishing the
notice three times in a legal newspaper as required by this
section. The cemetery authority may file an affidavit in the
proceeding to the effect that the owner is unknown and that
the cemetery exercised diligence in attempting to locate the
unknown parties. The affidavit shall be conclusive to that
effect. [2005 c 365 § 109; 1943 c 247 § 81; Rem. Supp. 1943
§ 3778-81.]
68.40.025
convey by deed good, clear and sufficient title thereto. [1943
c 247 § 85; Rem. Supp. 1943 § 3778-85.]
68.36.100 Petition may cover several lots. In any one
petition for abandonment, a petitioner may, irrespective of
diversity of ownership, include in any such petition as many
lots or parts of lots as come within the provisions of *this act.
The petition for abandonment shall be entitled: "In the Matter of the Abandonment, Forfeiture and Sale of Unoccupied
and Uncared for Space located in . . . . . . . . . Cemetery."
[1943 c 247 § 87; Rem. Supp. 1943 § 3778-87.]
68.36.100
68.36.050
68.36.050 Hearing—Order—Attorneys’ fees. An
owner or claimant may appear and answer the allegations of
the petition. If an owner fails to do so prior to the day fixed
for hearing, a default shall be entered and it shall then be the
duty of the superior court to immediately enter an order
adjudging the unoccupied space to have been abandoned and
subject to sale. In the event the owner or claimant shall
appear and file his or her answer prior to the day fixed for the
hearing, the presumption of abandonment shall no longer
exist, and on the day fixed for the hearing of the petition or on
any subsequent day to which the hearing of the cause is
adjourned, the allegations and proof of the parties shall be
presented to the court and if the court shall determine that
there has been a continued failure to maintain or care for the
unoccupied space for a period of three consecutive years preceding the filing of the petition, an order shall be entered
accordingly adjudging the unoccupied space to have been
abandoned and subject to sale at the expiration of one year by
the person, association, corporation, or municipality having
ownership of the cemetery containing the same. Upon any
adjudication of abandonment, the court shall fix such sum as
it shall deem reasonable as attorneys’ fees for petitioner’s
attorney for rights of interment adjudged to have been abandoned in such proceedings. [2005 c 365 § 110; 1943 c 247 §
82; Rem. Supp. 1943 § 3778-82.]
68.36.060
68.36.060 Contract for care before adjudication. If at
any time before the adjudication of abandonment the owner
of an unoccupied space contracts with the owner or manager
of the cemetery for the endowment care of the space, the
court shall dismiss the proceedings as to such unoccupied
space. [1953 c 290 § 1; 1943 c 247 § 83; Rem. Supp. 1943 §
3778-83.]
68.36.070
68.36.070 Contract for care within one year after
adjudication. If at any time within one year after the adjudication of abandonment, the former owner of the unoccupied
space shall contract for its endowment care, and reimburse
the owner or manager of the cemetery for the expense of the
proceedings, including attorney’s fees, the space shall not be
sold and the order adjudging it to have been abandoned shall
be vacated upon petition of the former owner. [1953 c 290 §
2; 1943 c 247 § 84; Rem. Supp. 1943 § 3778-84.]
68.36.080
68.36.080 Sale after one year. One year after the entry
of the order adjudging such lot, part of lot, lots or parts of lots
to have been abandoned, the owner or manager of the cemetery in which the same is located shall have the power to sell
the same, in whole or in part, at public or private sale, and
(2006 Ed.)
*Reviser’s note: For "this act," see note following RCW 68.04.020.
Chapter 68.40 RCW
ENDOWMENT AND NONENDOWMENT CARE
Chapter 68.40
Sections
68.40.010
68.40.025
68.40.040
68.40.060
68.40.085
68.40.090
68.40.095
68.40.100
68.40.900
Cemetery authorities—Deposit in endowment care fund
required.
Nonendowed sections—Identification.
Endowment care fiscal reports—Review by plot owners.
May accept property in trust—Application of income.
Representing fund as perpetual—Penalty.
Penalty.
Certain cemeteries exempt from chapter.
Only nonendowment care cemeteries now in existence are
authorized.
Effective date—1987 c 331.
68.40.010 Cemetery authorities—Deposit in endowment care fund required. A cemetery authority not exempt
under this chapter shall deposit in an endowment care fund
not less than the following amounts for plots or interment
rights sold: Ten percent of the gross sales price for each
grave, niche, or crypt.
In the event that a cemetery authority sells an interment
right at a price that is less than its current list price, or gives
away, bequeaths, or otherwise gives title to an interment
right, the interment right shall be endowed at the rate at which
it would normally be endowed.
The deposits shall be made not later than the twentieth
day of the month following the final payment on the sale
price. If a contract for interment rights is sold, pledged, or
otherwise encumbered as security for a loan by the cemetery
authority, the cemetery authority shall pay into the endowment care fund ten percent of the gross sales price of the
interment right within twenty days of receipt of payment of
the proceeds from such sale or loan.
Any cemetery hereafter established shall have deposited
in an endowment care fund the sum of twenty-five thousand
dollars before selling any interment right. [2005 c 365 § 111;
1987 c 331 § 35; 1984 c 53 § 1; 1961 c 133 § 2; 1953 c 290 §
4; 1943 c 247 § 118; Rem. Supp. 1943 § 3778-118.]
68.40.010
68.40.025 Nonendowed sections—Identification.
Cemeteries with nonendowed sections opened before July 1,
1987, shall only be required to endow sections opened after
July 1, 1987. On the face of any contract, receipt, or deed
used for sales of nonendowed interment rights shall be prominently displayed the words "Nonendowment section." All
nonendowed sections shall be identified as such by posting of
a legible sign containing the following phrase: "Nonendowment section." [2005 c 365 § 112; 1987 c 331 § 36.]
68.40.025
[Title 68 RCW—page 15]
68.40.040
Title 68 RCW: Cemeteries, Morgues, and Human Remains
68.40.040
Chapter 68.44
68.40.040 Endowment care fiscal reports—Review
by plot owners. A cemetery authority not exempt under this
chapter shall file in its principal office for review by plot
owners the previous seven fiscal years’ endowment care
reports as filed with the cemetery board in accordance with
RCW 68.44.150. [1987 c 331 § 37; 1953 c 290 § 7; 1943 c
247 § 122; Rem. Supp. 1943 § 3778-122.]
68.40.060
68.40.060 May accept property in trust—Application
of income. The cemetery authority of an endowment care
cemetery may accept any property bequeathed, granted, or
given to it in trust and may apply the income from such property to any or all of the following purposes:
(1) Improvement or embellishment of all or any part of
the cemetery;
(2) Erection, renewal, repair, or preservation of any
monument, fence, building, or other structure in the cemetery;
(3) Planting or cultivation of trees, shrubs, or plants in or
around any part of the cemetery;
(4) Special care or ornamenting of any part of any interment right, section, or building in the cemetery; and
(5) Any purpose or use consistent with the purpose for
which the cemetery was established or is maintained. [2005
c 365 § 113; 1987 c 331 § 38; 1953 c 290 § 8; 1943 c 247 §
129; Rem. Supp. 1943 § 3778-129.]
68.40.085
68.40.085 Representing fund as perpetual—Penalty.
It is a misdemeanor for any cemetery authority, its officers,
employees, or agents, or a cemetery broker or salesman to
represent that an endowment care fund, or any other fund set
up for maintaining care, is perpetual. [1953 c 290 § 24.]
68.40.090
68.40.090 Penalty. Any person, partnership, corporation, association, or his or its agents or representatives who
shall violate any of the provisions of this chapter or make any
false statement appearing on any sign, contract, agreement,
receipt, statement, literature or other publication shall be
guilty of a misdemeanor. [1987 c 331 § 39; 1943 c 247 § 125;
Rem. Supp. 1943 § 3778-125.]
Chapter 68.44 RCW
ENDOWMENT CARE FUND
Sections
68.44.010
68.44.020
68.44.030
68.44.060
68.44.070
68.44.080
68.44.090
68.44.100
68.44.110
68.44.115
68.44.120
68.44.130
68.44.140
68.44.150
68.44.160
68.44.170
68.44.180
68.44.900
Funds authorized—Investments.
Use and care of funds.
Authorized investments.
Unauthorized loans—Penalty.
Use of contributions to funds.
Plans for care—Financing.
Covenant to care for cemetery.
Agreement by owner to care for plot.
Trustees of fund.
Trustee to file statement with board—Resignation of trusteeship.
Directors as trustees—Secretary.
Bank or trust company as trustee.
Compensation of trustees.
Annual report.
Contributions.
Use of income from fund.
Certain cemeteries exempt from chapter.
Effective date—1987 c 331.
68.44.010 Funds authorized—Investments. Any
cemetery authority not exempt under chapter 68.40 RCW
shall establish, maintain, and operate an inviolable endowment care fund. Endowment care, special care, and other
cemetery authorities’ endowment care funds may be commingled for investment and the income therefrom shall be
divided between the funds in the proportion that each contributed to the sum invested. The funds shall be held in the name
of the trustees appointed by the cemetery authority with the
words "endowment care fund" being a part of the name.
[1987 c 331 § 41; 1953 c 290 § 11; 1943 c 247 § 105; Rem.
Supp. 1943 § 3778-105.]
68.44.010
68.44.020 Use and care of funds. Endowment care
funds shall not be used for any purpose other than to provide,
through income only, for the endowment care stipulated in
the instrument by which the fund was established. Endowment care funds shall be kept separate and distinct from all
assets of the cemetery authority. Endowment care principal
shall remain inviolable and may not be reduced in any way
not found within RCW 11.100.020. [2005 c 365 § 114; 1987
c 331 § 42; 1953 c 290 § 12. Prior: (i) 1943 c 247 § 106;
Rem. Supp. 1943 § 3778-106. (ii) 1943 c 247 § 126; Rem.
Supp. 1943 § 3778-126.]
68.44.020
68.44.030 Authorized investments. Endowment care
funds shall be kept invested in accordance with the provisions of RCW 11.100.020 subject to the following restrictions:
(1) No officer or director of the cemetery authority,
trustee of the endowment care or special care funds, or
spouse, sibling, parent, grandparent, or issue of such officer,
director, or trustee, shall borrow any of such funds for himself, directly or indirectly.
(2) No funds shall be loaned to the cemetery authority,
its agents, or employees, or to any corporation, partnership,
or other business entity in which the cemetery authority has
any ownership interest.
(3) No funds shall be invested with persons or business
entities operating in a business field directly related to cemeteries, including, but not limited to, mortuaries, monument
production and sales, florists, and rental of funeral facilities.
68.44.030
68.40.095
68.40.095 Certain cemeteries exempt from chapter.
This chapter does not apply to any cemetery controlled and
operated by a coroner, county, city, town, or cemetery district. [1987 c 331 § 40.]
68.40.100
68.40.100 Only nonendowment care cemeteries now
in existence are authorized. After June 7, 1979, no nonendowment care cemetery may be established. However, any
nonendowment care cemetery in existence on June 7, 1979,
may continue to operate as a nonendowment care cemetery.
[1979 c 21 § 18.]
68.40.900
68.40.900 Effective date—1987 c 331.
68.05.900.
[Title 68 RCW—page 16]
See RCW
(2006 Ed.)
Endowment Care Fund
(4) Notwithstanding any other provisions contained in
this section, funds may be invested in any commercial bank,
mutual savings bank, or savings and loan association duly
chartered and operating under the laws of the United States or
statutes of the state of Washington. [1985 c 30 § 138. Prior:
1984 c 149 § 175; 1979 c 21 § 19; 1953 c 290 § 13; 1943 c
247 § 127; Rem. Supp. 1943 § 3778-127.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
68.44.060
68.44.060 Unauthorized loans—Penalty. Every director or officer authorizing or consenting to a loan, and the person who receives a loan, in violation of RCW 68.44.030 are
severally guilty of a class C felony punishable under chapter
9A.20 RCW. [1984 c 53 § 2; 1943 c 247 § 133; Rem. Supp.
1943 § 3778-133.]
68.44.070
68.44.070 Use of contributions to funds. Contributions to endowment care and special care funds are permitted
for charitable purposes. Endowment care and such contributions are provisions for the discharge of a duty from the persons contributing to the persons interred or to be interred in
the cemetery. This provision is for the benefit and protection
of the public by preserving and keeping cemeteries from
becoming neglected places of disgrace in the communities
they serve. [2005 c 365 § 115; 1953 c 290 § 16. Prior: (i)
1943 c 247 § 130; Rem. Supp. 1943 § 3778-130. (ii) 1943 c
247 § 117; Rem. Supp. 1943 § 3778-117.]
68.44.080
68.44.080 Plans for care—Financing. The cemetery
authority may adopt plans for the care, maintenance, and
embellishment of its cemetery. A cemetery authority may
charge and collect from all purchasers of plots or rights of
interment a reasonable sum that will generate a fund, and the
income from the fund will provide care, maintenance, and
embellishment on an endowment basis. [2005 c 365 § 116;
1953 c 290 § 17; 1943 c 247 § 108; Rem. Supp. 1943 § 3778108.]
68.44.090
68.44.090 Covenant to care for cemetery. Upon payment of the purchase price and the contribution for endowment care, a deed of conveyance or other instrument may
include an agreement to care for the cemetery, on an endowment basis to the extent the income will permit. [2005 c 365
§ 117; 1953 c 290 § 18; 1943 c 247 § 109; Rem. Supp. 1943
§ 3778-109.]
68.44.100
68.44.100 Agreement by owner to care for plot. Upon
the application of an owner of a plot, and upon the payment
by the owner of the amount fixed as a reasonable and proportionate contribution for endowment care, a cemetery authority may enter into an agreement with the owner for the special
care of his or her plot and its appurtenances. [2005 c 365 §
118; 1953 c 290 § 19; 1943 c 247 § 110; Rem. Supp. 1943 §
3778-110.]
68.44.110
68.44.110 Trustees of fund. Unless an association of
lot owners has been created for the purpose of appointing
(2006 Ed.)
68.44.160
trustees, the cemetery authority shall appoint a minimum of
three trustees for its endowment care fund, who shall hold
office subject to the direction of the cemetery authority.
[2005 c 365 § 119; 1987 c 331 § 43; 1953 c 290 § 20; 1943 c
247 § 111; Rem. Supp. 1943 § 3778-111.]
68.44.115
68.44.115 Trustee to file statement with board—Resignation of trusteeship. To be considered qualified as a
trustee, each trustee of an endowment care fund appointed in
accordance with this chapter shall file with the board a statement of acceptance of fiduciary responsibility, on a form
approved by the board, before assuming the duties of trustee.
The trustee shall remain in the trustee’s fiduciary capacity
until such time as the trustee advises the cemetery board in
writing of the trustee’s resignation of trusteeship. [1987 c
331 § 44.]
68.44.120
68.44.120 Directors as trustees—Secretary. The
directors of a cemetery authority may be the trustees of its
endowment care fund. When the fund is in the care of the
directors, the secretary of the cemetery authority shall keep a
true record of all of its proceedings. [2005 c 365 § 120; 1987
c 331 § 45; 1953 c 290 § 21; 1943 c 247 § 112; Rem. Supp.
1943 § 3778-112.]
68.44.130
68.44.130 Bank or trust company as trustee. In lieu
of the appointment of a board of trustees of its endowment
care fund, a cemetery authority may appoint, as sole trustee
of its endowment care fund, any bank or trust company qualified to engage in the trust business. The bank or trust company shall be authorized to receive and accept the endowment
care fund at the time of its appointment. [2005 c 365 § 121;
1987 c 331 § 46; 1943 c 247 § 113; Rem. Supp. 1943 § 3778113.]
68.44.140
68.44.140 Compensation of trustees. Compensation to
the board of trustees or trustee for services as trustee and
other compensation for administration of trust funds shall not
exceed the customary fees charged by banks and trust companies for like services. Such fees may not be paid from the
fund principal. [2005 c 365 § 122; 1987 c 331 § 47; 1979 c
21 § 20; 1943 c 247 § 114; Rem. Supp. 1943 § 3778-114.]
68.44.150
68.44.150 Annual report. The cemetery authority or
the trustees in whose names the funds are held shall, annually, and within ninety days after the end of the calendar or
fiscal year of the cemetery authority, file in its office and with
the cemetery board endowment care trust fund, a report
showing the actual financial condition of the funds. The
report must be signed by an officer of the cemetery authority
or one or more of the trustees. The report must be maintained
for a period of seven years. [2005 c 365 § 123; 1987 c 331 §
48; 1979 c 21 § 21; 1943 c 247 § 115; Rem. Supp. 1943 §
3778-115.]
68.44.160
68.44.160 Contributions. A cemetery authority which
has established an endowment care fund may take and hold,
as a part of the fund, any property, real, personal, or mixed,
bequeathed, devised, granted, given, or otherwise contributed
[Title 68 RCW—page 17]
68.44.170
Title 68 RCW: Cemeteries, Morgues, and Human Remains
to it for its endowment care fund. [2005 c 365 § 124; 1953 c
290 § 22; 1943 c 247 § 116; Rem. Supp. 1943 § 3778-116.]
68.44.170
68.44.170 Use of income from fund. The income from
the endowment care fund shall be used solely for the general
care, maintenance, and embellishment of the cemetery, and
shall be applied in such manner as the cemetery authority
may from time to time determine to be for the best interest of
the cemetery. [1953 c 290 § 23; 1943 c 247 § 107; Rem.
Supp. 1943 § 3778-107.]
68.44.180
68.44.180 Certain cemeteries exempt from chapter.
This chapter does not apply to any cemetery controlled and
operated by a coroner, county, city, town, or cemetery district. [1987 c 331 § 49.]
(4) "Board" means the cemetery board established under
chapter 68.05 RCW or its authorized representative.
(5) "Undeveloped grave" means any grave in an area
which a cemetery authority has not landscaped, groomed, or
developed to the extent customary in the cemetery industry.
[2005 c 365 § 125; 1979 c 21 § 22; 1975 1st ex.s. c 55 § 1;
1973 1st ex.s. c 68 § 1.]
68.46.020
68.46.020 Prearrangement trust funds—Required.
Any cemetery authority selling by prearrangement contracts
any merchandise or services shall establish and maintain one
or more prearrangement trust funds for the benefit of beneficiaries of prearrangement contracts. [2005 c 365 § 126; 1973
1st ex.s. c 68 § 2.]
68.46.030
68.44.900
68.44.900 Effective date—1987 c 331.
68.05.900.
Chapter 68.46
See RCW
Chapter 68.46 RCW
PREARRANGEMENT CONTRACTS
Sections
68.46.010
68.46.020
68.46.030
68.46.040
68.46.050
68.46.055
68.46.060
68.46.070
68.46.075
68.46.080
68.46.090
68.46.100
68.46.110
68.46.125
68.46.130
68.46.160
68.46.170
68.46.175
68.46.900
Definitions.
Prearrangement trust funds—Required.
Prearrangement trust funds—Deposits—Bond requirements.
Prearrangement trust funds—Deposit of funds.
Withdrawals from trust funds—Notice of department of social
and health services’ claim.
Indebtedness limitations.
Termination of contract by purchaser or beneficiary.
Involuntary termination of contract—Refund.
Inactive contracts—Funds transfer—Obligations.
Other use of trust funds prohibited.
Financial reports—Filing—Verification.
Prearrangment contract requirements.
Compliance required.
Certain cemeteries exempt from chapter.
Exemptions from chapter granted by board.
Contract forms—Filing.
Sales licenses—Requirement.
Unconstructed crypts, etc., as part of contract—Requirements.
Effective date—1987 c 331.
Prearrangement funeral service contracts: RCW 18.39.240 through
18.39.360.
68.46.010
68.46.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Prearrangement contract" means a contract for purchase of cemetery merchandise or services, unconstructed
crypts or niches, or undeveloped graves to be furnished at a
future date for a specific consideration which is paid in
advance by one or more payments in one sum or by installment payments.
(2) "Cemetery merchandise or services" and "merchandise or services" mean those services normally performed by
cemetery authorities, including the sale of monuments, markers, memorials, nameplates, liners, vaults, boxes, urns, vases,
interment services, or any one or more of them.
(3) "Prearrangement trust fund" means all funds required
to be maintained in one or more funds for the benefit of beneficiaries by either this chapter or by the terms of a prearrangement contract, as herein defined.
[Title 68 RCW—page 18]
68.46.030 Prearrangement trust funds—Deposits—
Bond requirements. (1) For each prearrangement contract,
a cemetery authority shall deposit the greater of the following
amounts in its prearrangement trust fund:
(a) For merchandise:
(i) Fifty percent of the contract price; or
(ii) The wholesale cost of the item.
(b) For services:
(i) Fifty percent of the contract price; or
(ii) The direct cost of providing the service.
(2) Any cemetery authority which does not file and
maintain with the board a bond as provided in subsection (4)
of this section shall deposit in its prearrangement trust fund
an amount as determined under subsection (1) of this section,
excluding sales tax and endowment care if such charge is
made.
(3) Any cemetery authority which files and maintains
with the board a bond as provided in subsection (4) of this
section may retain the nontrustable portion of the contract
before depositing the balance of payments into its prearrangement trust fund, as determined under subsection (1) of
this section, excluding sales tax and endowment care, if such
charge is made.
(4) Each cemetery authority electing to make payments
to its prearrangement trust fund pursuant to subsection (3) of
this section shall file and maintain with the board a bond,
issued by a surety company authorized to do business in the
state, in the amount by which the cemetery authority’s contingent liability for refunds pursuant to RCW 68.46.060
exceeds the amount deposited in its prearrangement trust
fund. The bond shall be conditioned that it is for the use and
benefit of any person requesting a refund pursuant to RCW
68.46.060 if the cemetery authority does not promptly pay to
the person the refund due pursuant to RCW 68.46.060. In
addition to any other remedy, every person not promptly
receiving the refund due pursuant to RCW 68.46.060 may
sue the surety for the refund. The liability of the surety shall
not exceed the amount of the bond. Termination or cancellation shall not be effective unless notice is delivered by the
surety to the board at least thirty days prior to the date of termination or cancellation. The board shall immediately notify
the cemetery authority affected by the termination or cancellation by certified mail, return receipt requested. The cemetery authority shall thereupon obtain another bond or make
such other arrangement as may be satisfactory to the board to
(2006 Ed.)
Prearrangement Contracts
ensure its ability to make refunds pursuant to RCW
68.46.060.
(5) Deposits to the prearrangement trust fund shall be
made not later than the twentieth day of each month following receipt of each payment required to be deposited. If a
prearrangement contract is sold, pledged, or otherwise
encumbered as security for a loan by the cemetery authority,
the cemetery authority shall pay into the prearrangement trust
fund fifty percent of the total sale price of the prearrangement
contract within twenty days of receipt of payment of the proceeds from the sale or loan.
(6) Any failure to fund a prearrangement contract as
required by this section shall be grounds for disciplinary
action against the cemetery authority and the cemetery
authority’s prearrangement sales license. [2005 c 365 § 127;
1984 c 53 § 3; 1979 c 21 § 24; 1973 1st ex.s. c 68 § 3.]
68.46.040
68.46.040 Prearrangement trust funds—Deposit of
funds. All prearrangement trust funds shall be deposited in a
public depository as defined by RCW 39.58.010, in a state or
federally chartered credit union, or in instruments issued or
insured by any agency of the federal government. Such
accounts shall be designated as the "prearrangement trust
fund" by name and the particular cemetery authority for the
benefit of the beneficiaries named in any prearrangement
contract. [2005 c 365 § 128; 1987 c 331 § 50; 1973 1st ex.s.
c 68 § 4.]
68.46.050
68.46.050 Withdrawals from trust funds—Notice of
department of social and health services’ claim. (1) A
depository of prearrangement funds shall permit a cemetery
authority to withdraw all funds deposited under any specific
prearrangement contract plus interest accrued thereon, under
the following circumstances and conditions:
(a) If the cemetery authority files a verified statement
with the depository that the prearrangement merchandise and
services covered by a contract have been furnished and delivered; or
(b) If the cemetery authority files a verified statement
that a specific prearrangement contract has been canceled in
accordance with its terms.
(2) The department of social and health services shall
notify the cemetery authority maintaining a prearrangement
trust fund regulated by this chapter that the department has a
claim on the estate of a beneficiary for long-term care services. Such notice shall be renewed at least every three years.
The cemetery authority, upon becoming aware of the death of
a beneficiary, shall give notice to the department of social
and health services, office of financial recovery, who shall
file any claim there may be within thirty days of the notice.
[2005 c 365 § 129; 1995 1st sp.s. c 18 § 65; 1973 1st ex.s. c
68 § 5.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
68.46.055
68.46.055 Indebtedness limitations. No cemetery
authority may enter into a retail contract for the purchase of
debentures, shares, scrip, bonds, notes, or any instrument or
evidence of indebtedness that requires the cemetery authority
to furnish cemetery merchandise, services, or interment
(2006 Ed.)
68.46.080
rights to the holder at a future date. This section does not
include retail installment sales transactions governed by
chapter 63.14 RCW. [2005 c 365 § 130; 1984 c 53 § 8.]
68.46.060
68.46.060 Termination of contract by purchaser or
beneficiary. Any purchaser or beneficiary may, upon written demand of any cemetery authority, demand that any prearrangement contract with such cemetery authority be terminated. In such event, the cemetery authority shall, within
thirty days, refund to the purchaser or beneficiary fifty percent of the moneys received less the contractual price of any
merchandise delivered or services performed before the termination plus interest earned. In any case, where, under a
prearrangement contract there is more than one beneficiary,
no written demand as provided in this section shall be honored by any cemetery authority unless the written demand
provided for in this section shall bear the signatures of all of
such beneficiaries. [2005 c 365 § 132; 1987 c 331 § 51; 1984
c 53 § 4; 1979 c 21 § 25; 1973 1st ex.s. c 68 § 6.]
68.46.070
68.46.070 Involuntary termination of contract—
Refund. Prearrangement contracts shall terminate upon
demand of the purchaser of the contract if the cemetery
authority shall go out of business, become insolvent or bankrupt, make an assignment for the benefit of creditors, or for
any other reason be unable to fulfill the obligations under the
contract. Upon demand by the purchaser or beneficiary or
beneficiaries of any prearrangement contract, the cemetery
authority shall refund one hundred percent of the original
contract, less delivered services and merchandise, including
funds held in deposit and interest earned thereon, unless otherwise ordered by a court of competent jurisdiction. [1987 c
331 § 52; 1979 c 21 § 26; 1973 1st ex.s. c 68 § 7.]
68.46.075
68.46.075 Inactive contracts—Funds transfer—Obligations. In the event the beneficiary of a prearrangement
contract make[s] no claim within fifty years of the date of the
contract for the merchandise and services provided in the prearrangement contract, the funds deposited in the prearrangement trust for that contract, plus interest, shall be transferred
to the cemetery authority’s endowment fund, to be used for
the purposes for which the endowment fund was established.
However, the cemetery authority shall remain obligated for
merchandise and services, unconstructed crypts, niches, and
undeveloped property under the terms of the prearrangement
contract. Claims may be made for merchandise and services,
unconstructed crypts, niches, and undeveloped property on a
prearrangement contract after the funds have been transferred
to the endowment fund. These claims shall be paid for from
the endowment fund income on a contract by contract basis.
[2005 c 365 § 133; 1979 c 21 § 27.]
68.46.080
68.46.080 Other use of trust funds prohibited. Prearrangement trust funds shall not be used in any way for the
benefit of the cemetery authority or any director, officer,
agent, or employee of any cemetery authority, including, but
not limited to any encumbrance, pledge, or other utilization
or prearrangement trust funds as collateral or other security.
[2005 c 365 § 134; 1973 1st ex.s. c 68 § 8.]
[Title 68 RCW—page 19]
68.46.090
Title 68 RCW: Cemeteries, Morgues, and Human Remains
68.46.090
68.46.090 Financial reports—Filing—Verification.
Any cemetery authority selling prearrangement merchandise
or other prearrangement services shall file in its office and
with the cemetery board a written report upon forms prepared
by the cemetery board which shall state the amount of the
principle of the prearrangement trust fund, the depository of
such fund, and cash on hand which is or may be due to the
fund as well as other information the board may deem appropriate. All information appearing on such written reports
shall be revised at least annually. These reports shall be verified by the president, or the vice-president, and one other
officer of the cemetery authority, the accountant or auditor
who prepared the report, and, if required by the board for
good cause, a certified public accountant in accordance with
generally accepted auditing standards. [2005 c 365 § 135;
1983 c 190 § 1; 1977 ex.s. c 351 § 5; 1973 1st ex.s. c 68 § 9.]
Severability—1977 ex.s. c 351: See note following RCW 68.05.040.
68.46.100
68.46.100 Prearrangment contract requirements.
Every prearrangement contract shall contain language which
informs the purchaser of the prearrangement trust fund and
the amount to be deposited in the prearrangement trust fund.
The amount deposited to the prearrangement trust fund must
meet the requirements of RCW 68.46.030.
Every prearrangement contract shall contain language
prominently featured on the face of the contract disclosing to
the purchaser what items will be delivered before need, either
stored or installed, and thus not subject to funding or refund.
Every prearrangement contract for the sale of unconstructed crypts, niches, or undeveloped property shall contain
language which informs the purchaser that sales of unconstructed or undeveloped property are subject to the provisions
of RCW 68.46.030. [2005 c 365 § 136; 1987 c 331 § 53;
1984 c 53 § 5; 1973 1st ex.s. c 68 § 10.]
68.46.110
68.46.110 Compliance required. No cemetery authority shall sell, offer to sell, or authorize the sale of cemetery
merchandise or services or accept funds in payment of any
prearrangement contract unless such acts are performed in
compliance with this title and under the authority of a valid
and unsuspended certificate of authority to operate a cemetery in this state. [2005 c 365 § 137; 1973 1st ex.s. c 68 § 11.]
68.46.125
68.46.125 Certain cemeteries exempt from chapter.
This chapter does not apply to any cemetery controlled and
operated by a coroner, county, city, town, or cemetery district. [1987 c 331 § 54.]
68.46.130
68.46.130 Exemptions from chapter granted by
board. The cemetery board may grant an exemption from
any or all of the requirements of this chapter relating to prearrangement contracts to any cemetery authority which:
(1) Sells less than twenty prearrangement contracts per
year; and
(2) Deposits one hundred percent of all funds received
into a trust fund under RCW 68.46.030, as now or hereafter
amended. [1979 c 21 § 43.]
ing the form of such contract with the board: PROVIDED,
That the board may order the cemetery authority to cease
using any prearrangement contract form which:
(1) Is in violation of any provision of this chapter;
(2) Is misleading or deceptive; or
(3) Is being used in connection with solicitation by false,
misleading or deceptive advertising or sales practices.
Use of a prearrangement contract form which is not on
file with the board or which the board has ordered the cemetery authority not to use shall be a violation of this chapter.
[1979 c 21 § 38.]
68.46.170
68.46.170 Sales licenses—Requirement. No cemetery
authority shall enter into prearrangement contracts in this
state unless the cemetery authority has obtained a prearrangement sales license issued by the board or its authorized representative and such license is then current and valid. [1979 c
21 § 23.]
68.46.175
68.46.175 Unconstructed crypts, etc., as part of contract—Requirements. (1) A cemetery authority that enters
into prearrangement contracts for the sale of unconstructed
crypts, niches, or undeveloped property, or that conveys
undeveloped property by gift, shall maintain an adequate
inventory of constructed crypts or niches and developed
property. The inventory shall be a minimum of ten percent of
the unconstructed or undeveloped property sales. The inventory shall be equal or better in quality than the unconstructed
crypts or niches, or undeveloped property if they were constructed or developed.
(2) If the death of a purchaser or owner of an unconstructed crypt, niche, or undeveloped property occurs before
the property is constructed or developed, the cemetery
authority shall provide a constructed crypt, niche, or developed property of equal or better quality without additional
cost or charge.
(3) If two or more unconstructed crypts, niches, or undeveloped properties are conveyed with the intention that the
crypts, niches, or properties shall be contiguous to each other
or maintained together as a group and the death of any one
purchaser or owner in such group occurs before the unconstructed crypts, niches, or undeveloped property is developed, the cemetery authority shall provide additional constructed crypts, niches, or developed property of equal or better quality, contiguous to each other or together as a group, as
originally intended, to other purchasers or owners in the
group without additional cost or charge.
(4) The representative of the deceased purchaser may
agree to the placement of the decedent in a temporary crypt,
niche, or grave until the construction is completed and the
decedent is placed in the new crypt, niche, or grave.
(5) Prearrangement sales of unconstructed crypts,
niches, or undeveloped property must meet the requirements
of RCW 68.46.030. [2005 c 365 § 131.]
68.46.900
68.46.160
68.46.160 Contract forms—Filing. No cemetery
authority shall use a prearrangement contract without first fil[Title 68 RCW—page 20]
68.46.900 Effective date—1987 c 331.
68.05.900.
See RCW
(2006 Ed.)
Human Remains
Chapter 68.50
Chapter 68.50 RCW
HUMAN REMAINS
Sections
68.50.010
68.50.015
68.50.020
68.50.032
68.50.035
68.50.040
68.50.050
68.50.060
68.50.070
68.50.080
68.50.090
68.50.100
68.50.101
68.50.102
68.50.103
68.50.104
68.50.105
68.50.106
68.50.107
68.50.108
68.50.110
68.50.120
68.50.130
68.50.140
68.50.160
68.50.170
68.50.185
68.50.200
68.50.210
68.50.220
68.50.230
68.50.232
68.50.240
68.50.270
68.50.290
68.50.300
68.50.310
68.50.320
68.50.320
68.50.330
68.50.500
68.50.510
68.50.520
68.50.530
68.50.540
68.50.550
68.50.560
68.50.570
68.50.580
68.50.590
68.50.600
68.50.610
68.50.620
68.50.635
68.50.640
68.50.900
68.50.901
68.50.902
68.50.903
68.50.904
(2006 Ed.)
Coroner’s jurisdiction over remains.
Immunity for determining cause and manner of death—Judicial review of determination.
Notice to coroner—Penalty.
Transportation of remains directed by coroner or medical
examiner—Costs.
Unlawful to refuse burial to non-Caucasian.
Deceased’s effects to be listed.
Removal or concealment of body—Penalty.
Bodies for instruction purposes.
Bodies, when may be used for dissection.
Certificate and bond before receiving bodies.
Penalty.
Dissection, when permitted—Autopsy of person under the age
of three years.
Autopsy, post mortem—Who may authorize.
Court petition for autopsy—Cost.
Autopsies in industrial deaths.
Cost of autopsy.
Autopsies, post mortems—Reports and records confidential—
Exceptions.
Autopsies, post mortems—Analyses—Opinions—Evidence—Costs.
State toxicological laboratory established—State toxicologist.
Autopsies, post mortems—Consent to embalm or cremate
body—Time limitation.
Burial or cremating.
Holding body for debt—Penalty.
Unlawful disposal of remains.
Unlawful disturbance, removal, or sale of human remains—
Penalty.
Right to control disposition of remains—Liability of funeral
establishment or cemetery authority—Liability for cost.
Effect of authorization.
Individual cremation—Exception—Penalty.
Permission to remove human remains.
Notice for order to remove remains.
Exceptions.
Undisposed human remains—Rules.
Undisposed remains—Entrusting to funeral homes or mortuaries.
Record of human remains to be kept.
Possession of cremated human remains.
Corneal tissue for transplantation—Presumption of good faith.
Release of information concerning a death.
Dental identification system established—Powers and duties.
Procedures for investigating missing persons—Availability of
files (as amended by 2006 c 102).
Procedures for investigating missing persons—Availability of
files (as amended by 2006 c 235).
Identification of body or human remains by dental examination—Comparison of dental examination records with dental
records of dental identification system.
Identification of potential donors—Hospital procedures.
Good faith compliance with RCW 68.50.500—Hospital liability.
Anatomical gifts—Findings—Declaration.
Anatomical gifts—Definitions.
Anatomical gifts—Authorized—Procedures—Changes—
Refusal.
Anatomical gifts—By person other than decedent.
Anatomical gifts—Hospital procedure—Records—Liability.
Anatomical gifts—Donees.
Anatomical gifts—Document of gift—Delivery.
Anatomical gifts—Rights of donee—Time of death—Actions
by technician, enucleator.
Anatomical gifts—Hospitals—Procurement and use coordination.
Anatomical gifts—Illegal purchase or sale—Penalty.
Anatomical gifts—Examination for medical acceptability—
Jurisdiction of coroner, medical examiner—Liability limited.
Organ and tissue donor registry.
Organ and tissue donation awareness account.
Effective date—1987 c 331.
Application—1993 c 228.
Application—Construction—1993 c 228.
Severability—1993 c 228.
Short title—1993 c 228.
68.50.020
Burial and removal permits: RCW 70.58.230.
Coroners to submit blood samples to state toxicologist—Analysis—Utilization of reports: RCW 46.52.065.
County commissioners to dispose of remains of indigents: RCW 36.39.030.
Disposal of remains prohibited unless accompanied by proper permit: RCW
70.58.260.
Fetal deaths: Chapter 70.58 RCW.
Undertaker must file death certificate: RCW 70.58.240.
Veterans and relatives: Chapter 73.24 RCW.
68.50.010
68.50.010 Coroner’s jurisdiction over remains. The
jurisdiction of bodies of all deceased persons who come to
their death suddenly when in apparent good health without
medical attendance within the thirty-six hours preceding
death; or where the circumstances of death indicate death was
caused by unnatural or unlawful means; or where death
occurs under suspicious circumstances; or where a coroner’s
autopsy or post mortem or coroner’s inquest is to be held; or
where death results from unknown or obscure causes, or
where death occurs within one year following an accident; or
where the death is caused by any violence whatsoever, or
where death results from a known or suspected abortion;
whether self-induced or otherwise; where death apparently
results from drowning, hanging, burns, electrocution, gunshot wounds, stabs or cuts, lightning, starvation, radiation,
exposure, alcoholism, narcotics or other addictions, tetanus,
strangulations, suffocation or smothering; or where death is
due to premature birth or still birth; or where death is due to a
violent contagious disease or suspected contagious disease
which may be a public health hazard; or where death results
from alleged rape, carnal knowledge or sodomy, where death
occurs in a jail or prison; where a body is found dead or is not
claimed by relatives or friends, is hereby vested in the county
coroner, which bodies may be removed and placed in the
morgue under such rules as are adopted by the coroner with
the approval of the county commissioners, having jurisdiction, providing therein how the bodies shall be brought to and
cared for at the morgue and held for the proper identification
where necessary. [1963 c 178 § 1; 1953 c 188 § 1; 1917 c 90
§ 3; RRS § 6042. Formerly RCW 68.08.010.]
68.50.015
68.50.015 Immunity for determining cause and manner of death—Judicial review of determination. A county
coroner or county medical examiner or persons acting in that
capacity shall be immune from civil liability for determining
the cause and manner of death. The accuracy of the determinations is subject to judicial review. [1987 c 263 § 1.]
68.50.020
68.50.020 Notice to coroner—Penalty. It shall be the
duty of every person who knows of the existence and location
of a dead body coming under the jurisdiction of the coroner
as set forth in RCW 68.50.010, to notify the coroner thereof
in the most expeditious manner possible, unless such person
shall have good reason to believe that such notice has already
been given. Any person knowing of the existence of such
dead body and not having good reason to believe that the coroner has notice thereof and who shall fail to give notice to the
coroner as aforesaid, shall be guilty of a misdemeanor. [1987
c 331 § 55; 1917 c 90 § 4; RRS § 6043. Formerly RCW
68.08.020.]
[Title 68 RCW—page 21]
68.50.032
Title 68 RCW: Cemeteries, Morgues, and Human Remains
68.50.032
68.50.032 Transportation of remains directed by coroner or medical examiner—Costs. Whenever a coroner or
medical examiner assumes jurisdiction over human remains
and directs transportation of those remains by a funeral establishment, as defined in RCW 18.39.010, the reasonable costs
of transporting shall be borne by the county if: (1) The
funeral establishment transporting the remains is not providing the funeral or disposition services; or (2) the funeral
establishment providing the funeral or disposition services is
required to transport the remains to a facility other than its
own.
Except as provided in RCW 36.39.030, 68.52.030, and
73.08.070, any transportation costs or other costs incurred
after the coroner or medical examiner has released jurisdiction over the human remains shall not be borne by the county.
[1991 c 176 § 1.]
68.50.070
68.50.070 Bodies, when may be used for dissection.
Any sheriff, coroner, keeper or superintendent of a county
poorhouse, public hospital, county jail, or state institution
shall surrender the dead bodies of persons required to be buried at the public expense, to any physician or surgeon, to be
by him used for the advancement of anatomical science, preference being given to medical schools in this state, for their
use in the instruction of medical students. If the deceased person during his last sickness requested to be buried, or if
within thirty days after his death some person claiming to be
a relative or a responsible officer of a church organization
with which the deceased at the time of his death was affiliated
requires the body to be buried, his body shall be buried.
[1959 c 23 § 1; 1953 c 224 § 2; 1891 c 123 § 2; RRS § 10027.
Formerly RCW 68.08.070.]
68.50.080
68.50.035
68.50.035 Unlawful to refuse burial to non-Caucasian. It shall be unlawful for any cemetery under this chapter
to refuse burial to any person because such person may not be
of the Caucasian race. [1953 c 290 § 53. Formerly RCW
68.05.260.]
Reviser’s note: RCW 68.50.035 (formerly RCW 68.05.260) was
declared unconstitutional in Price v. Evergreen Cemetery Co. of Seattle
(1960) 157 Wash. Dec. 249.
68.50.040
68.50.040 Deceased’s effects to be listed. Duplicate
lists of all jewelry, moneys, papers, and other personal property of the deceased shall be made immediately upon finding
the same by the coroner or his assistants. The original of such
lists shall be kept as a public record at the morgue and the
duplicate thereof shall be forthwith duly certified to by the
coroner and filed with the county auditor. [1917 c 90 § 6;
RRS § 6045. Formerly RCW 68.08.040.]
68.50.080 Certificate and bond before receiving bodies. Every physician or surgeon before receiving the dead
body must give to the board or officer surrendering the same
to him a certificate from the medical society of the county in
which he resides, or if there is none, from the board of supervisors of the same, that he is a fit person to receive such dead
body. He must also give a bond with two sureties, that each
body so by him received will be used only for the promotion
of anatomical science, and that it will be used for such purpose in this state only, and so as in no event to outrage the
public feeling. [1891 c 123 § 3; RRS § 10028. Formerly
RCW 68.08.080.]
68.50.090
68.50.090 Penalty. Any person violating any provision
of RCW 68.50.060 through 68.50.080 shall upon conviction
thereof be fined in any sum not exceeding five hundred dollars. [1987 c 331 § 56; 1891 c 123 § 4; RRS § 10029. Formerly RCW 68.08.090.]
68.50.050
68.50.050 Removal or concealment of body—Penalty. Any person, not authorized by the coroner or his deputies, who removes the body of a deceased person not claimed
by a relative or friend, or who came to their death by reason
of violence or from unnatural causes or where there shall
exist reasonable grounds for the belief that such death has
been caused by unlawful means at the hands of another, to
any undertaking rooms or elsewhere, or any person who
directs, aids or abets such taking, and any person who in any
way conceals the body of a deceased person for the purpose
of taking the same to any undertaking rooms or elsewhere,
shall in each of said cases be guilty of a gross misdemeanor
and upon conviction thereof shall be punished by fine of not
more than one thousand dollars, or by imprisonment in the
county jail for not more than one year or by both fine and
imprisonment in the discretion of the court. [1917 c 90 § 7;
RRS § 6046. Formerly RCW 68.08.050.]
68.50.060
68.50.060 Bodies for instruction purposes. Any physician or surgeon of this state, or any medical student under
the authority of any such physician or surgeon, may obtain, as
hereinafter provided, and have in his possession human dead
bodies, or the parts thereof, for the purposes of anatomical
inquiry or instruction. [1891 c 123 § 1; RRS § 10026. Formerly RCW 68.08.060.]
[Title 68 RCW—page 22]
68.50.100
68.50.100 Dissection, when permitted—Autopsy of
person under the age of three years. (1) The right to dissect
a dead body shall be limited to cases specially provided by
statute or by the direction or will of the deceased; cases where
a coroner is authorized to hold an inquest upon the body, and
then only as he or she may authorize dissection; and cases
where the spouse or next of kin charged by law with the duty
of burial shall authorize dissection for the purpose of ascertaining the cause of death, and then only to the extent so
authorized: PROVIDED, That the coroner, in his or her discretion, may make or cause to be made by a competent
pathologist, toxicologist, or physician, an autopsy or postmortem in any case in which the coroner has jurisdiction of a
body: PROVIDED, FURTHER, That the coroner may with
the approval of the University of Washington and with the
consent of a parent or guardian deliver any body of a
deceased person under the age of three years over which he or
she has jurisdiction to the University of Washington medical
school for the purpose of having an autopsy made to determine the cause of death.
(2) Every person who shall make, cause, or procure to be
made any dissection of a body, except as provided in this section, is guilty of a gross misdemeanor. [2003 c 53 § 307;
1963 c 178 § 2; 1953 c 188 § 2; 1909 c 249 § 237; RRS §
2489. Formerly RCW 68.08.100.]
(2006 Ed.)
Human Remains
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.50.101
68.50.101 Autopsy, post mortem—Who may authorize. Autopsy or post mortem may be performed in any case
where authorization has been given by a member of one of
the following classes of persons in the following order of priority:
(1) The surviving spouse;
(2) Any child of the decedent who is eighteen years of
age or older;
(3) One of the parents of the decedent;
(4) Any adult brother or sister of the decedent;
(5) A person who was guardian of the decedent at the
time of death;
(6) Any other person or agency authorized or under an
obligation to dispose of the remains of the decedent. The
chief official of any such agency shall designate one or more
persons to execute authorizations pursuant to the provisions
of this section.
If the person seeking authority to perform an autopsy or
post mortem makes reasonable efforts to locate and secure
authorization from a competent person in the first or succeeding class and finds no such person available, authorization
may be given by any person in the next class, in the order of
descending priority. However, no person under this section
shall have the power to authorize an autopsy or post mortem
if a person of higher priority under this section has refused
such authorization: PROVIDED, That this section shall not
affect autopsies performed pursuant to RCW 68.50.010 or
68.50.103. [1987 c 331 § 57; 1977 c 79 § 1; 1953 c 188 § 11.
Formerly RCW 68.08.101.]
68.50.102
68.50.102 Court petition for autopsy—Cost. Any
party by showing just cause may petition the court to have
autopsy made and results thereof made known to said party at
his own expense. [1953 c 188 § 12. Formerly RCW
68.08.102.]
68.50.107
(b) Up to twenty-five percent of the salary of pathologists who are primarily engaged in performing autopsies and
are (i) county coroners or county medical examiners, or (ii)
employees of a county coroner or county medical examiner;
and
(c) When the county bears the cost of an autopsy of a
child under the age of three whose death was sudden and
unexplained, the county shall be reimbursed for the expenses
of the autopsy when the death scene investigation and the
autopsy have been conducted under RCW 43.103.100 (4) and
(5), and the autopsy has been done at a facility designed for
the performance of autopsies.
Payments from the account shall be made pursuant to
biennial appropriation: PROVIDED, That no county may
reduce funds appropriated for this purpose below 1983 budgeted levels. [2001 c 82 § 2; 1983 1st ex.s. c 16 § 14; 1963 c
178 § 3; 1953 c 188 § 7. Formerly RCW 68.08.104.]
Severability—Effective date—1983 1st ex.s. c 16: See RCW
43.103.900 and 43.103.901.
68.50.105
68.50.105 Autopsies, post mortems—Reports and
records confidential—Exceptions. Reports and records of
autopsies or post mortems shall be confidential, except that
the following persons may examine and obtain copies of any
such report or record: The personal representative of the
decedent as defined in RCW 11.02.005, any family member,
the attending physician, the prosecuting attorney or law
enforcement agencies having jurisdiction, public health officials, or to the department of labor and industries in cases in
which it has an interest under RCW 68.50.103.
The coroner, the medical examiner, or the attending physician shall, upon request, meet with the family of the decedent to discuss the findings of the autopsy or post mortem.
For the purposes of this section, the term "family" means the
surviving spouse, or any child, parent, grandparent, grandchild, brother, or sister of the decedent, or any person who
was guardian of the decedent at the time of death. [1987 c
331 § 58; 1985 c 300 § 1; 1977 c 79 § 2; 1953 c 188 § 9. Formerly RCW 68.08.105.]
68.50.103
68.50.103 Autopsies in industrial deaths. In an industrial death where the cause of death is unknown, and where
the department of labor and industries is concerned, said
department in its discretion, may request the coroner in writing to perform an autopsy to determine the cause of death.
The coroner shall be required to promptly perform such
autopsy upon receipt of the written request from the department of labor and industries. [1953 c 188 § 6. Formerly
RCW 68.08.103.]
68.50.104
68.50.104 Cost of autopsy. (1) The cost of autopsy
shall be borne by the county in which the autopsy is performed, except when requested by the department of labor
and industries, in which case, the department shall bear the
cost of such autopsy.
(2) Except as provided in (c) of this subsection, when the
county bears the cost of an autopsy, it shall be reimbursed
from the death investigations account, established by RCW
43.79.445, as follows:
(a) Up to forty percent of the cost of contracting for the
services of a pathologist to perform an autopsy;
(2006 Ed.)
68.50.106
68.50.106 Autopsies, post mortems—Analyses—
Opinions—Evidence—Costs. In any case in which an
autopsy or post mortem is performed, the coroner or medical
examiner, upon his or her own authority or upon the request
of the prosecuting attorney or other law enforcement agency
having jurisdiction, may make or cause to be made an analysis of the stomach contents, blood, or organs, or tissues of a
deceased person and secure professional opinions thereon
and retain or dispose of any specimens or organs of the
deceased which in his or her discretion are desirable or needful for anatomic, bacteriological, chemical, or toxicological
examination or upon lawful request are needed or desired for
evidence to be presented in court. Costs shall be borne by the
county. [1993 c 228 § 19; 1987 c 331 § 59; 1975-’76 2nd
ex.s. c 28 § 1; 1953 c 188 § 10. Formerly RCW 68.08.106.]
68.50.107
68.50.107 State toxicological laboratory established—State toxicologist. There shall be established in
conjunction with the chief of the Washington state patrol and
under the authority of the state forensic investigations council
[Title 68 RCW—page 23]
68.50.108
Title 68 RCW: Cemeteries, Morgues, and Human Remains
a state toxicological laboratory under the direction of the
state toxicologist whose duty it will be to perform all necessary toxicologic procedures requested by all coroners, medical examiners, and prosecuting attorneys. The state forensic
investigations council, after consulting with the chief of the
Washington state patrol and director of the bureau of forensic
laboratory services, shall appoint a toxicologist as state toxicologist, who shall report to the director of the bureau of
forensic laboratory services and the office of the chief of the
Washington state patrol. Toxicological services shall be
funded by disbursement from the spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility license fees as provided in RCW 66.08.180
and by appropriation from the death investigations account as
provided in RCW 43.79.445. [1999 c 281 § 13; 1999 c 40 §
8; 1995 c 398 § 10; 1986 c 87 § 2; 1983 1st ex.s. c 16 § 10;
1975-’76 2nd ex.s. c 84 § 1; 1970 ex.s. c 24 § 1; 1953 c 188 §
13. Formerly RCW 68.08.107.]
Reviser’s note: This section was amended by 1999 c 40 § 8 and by
1999 c 281 § 13, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1999 c 40: See note following RCW 43.103.010.
Effective date—1986 c 87: See note following RCW 66.08.180.
Severability—Effective date—1983 1st ex.s. c 16: See RCW
43.103.900 and 43.103.901.
State forensic investigations council: Chapter 43.103 RCW.
68.50.108
68.50.108 Autopsies, post mortems—Consent to
embalm or cremate body—Time limitation. No dead body
upon which the coroner, or prosecuting attorney, if there be
no coroner in the county, may perform an autopsy or post
mortem, shall be embalmed or cremated without the consent
of the coroner having jurisdiction, and failure to obtain such
consent shall be a misdemeanor: PROVIDED, That such
autopsy or post mortem must be performed within five days,
unless the coroner shall obtain an order from the superior
court extending such time. [1953 c 188 § 8. Formerly RCW
68.08.108.]
68.50.110
68.50.110 Burial or cremating. Except in cases of dissection provided for in RCW 68.50.100, and where human
remains shall rightfully be carried through or removed from
the state for the purpose of burial elsewhere, human remains
lying within this state, and the remains of any dissected body,
after dissection, shall be decently buried, or cremated within
a reasonable time after death. [2005 c 365 § 138; 1987 c 331
§ 60; 1909 c 249 § 238; RRS § 2490. Formerly RCW
68.08.110.]
68.50.120
68.50.120 Holding body for debt—Penalty. Every
person who arrests, attaches, detains, or claims to detain any
human remains for any debt or demand, or upon any pretended lien or charge, is guilty of a gross misdemeanor.
[1943 c 247 § 27; Rem. Supp. 1943 § 3778-27. Formerly
RCW 68.08.120.]
68.50.130
68.50.130 Unlawful disposal of remains. Every person who performs a disposition of any human remains,
except as otherwise provided by law, in any place, except in
a cemetery or a building dedicated exclusively for religious
[Title 68 RCW—page 24]
purposes, is guilty of a misdemeanor. Disposition of cremated human remains may also occur on private property,
with the consent of the property owner; and on public or government lands or waters with the approval of the government
agency that has either jurisdiction or control, or both, of the
lands or waters. [2005 c 365 § 139; 1943 c 247 § 28; Rem.
Supp. 1943 § 3778-28. Formerly RCW 68.08.130.]
68.50.140
68.50.140 Unlawful disturbance, removal, or sale of
human remains—Penalty. (1) Every person who shall
remove human remains, or any part thereof, from a grave,
vault, or other place where the same has been buried or
deposited awaiting burial or cremation, without authority of
law, with intent to sell the same, or for the purpose of securing a reward for its return, or for dissection, or from malice or
wantonness, is guilty of a class C felony.
(2) Every person who shall purchase or receive, except
for burial or cremation, human remains or any part thereof,
knowing that the same has been removed contrary to the foregoing provisions, is guilty of a class C felony.
(3) Every person who shall open a grave or other place of
interment, temporary or otherwise, or a building where
human remains are placed, with intent to sell or remove the
casket, urn, or of any part thereof, or anything attached
thereto, or any vestment, or other article interred, or intended
to be interred with the human remains, is guilty of a class C
felony.
(4) Every person who removes, disinters, or mutilates
human remains from a place of interment, without authority
of law, is guilty of a class C felony. [2005 c 365 § 140; 2003
c 53 § 308; 1992 c 7 § 44; 1909 c 249 § 239; RRS § 2491.
FORMER PART OF SECTION: 1943 c 247 § 25 now codified as RCW 68.50.145. Formerly RCW 68.08.140.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.50.160
68.50.160 Right to control disposition of remains—
Liability of funeral establishment or cemetery authority—Liability for cost. (1) A person has the right to control
the disposition of his or her own remains without the predeath
or postdeath consent of another person. A valid written document expressing the decedent’s wishes regarding the place
or method of disposition of his or her remains, signed by the
decedent in the presence of a witness, is sufficient legal
authorization for the procedures to be accomplished.
(2) Prearrangements that are prepaid, or filed with a
licensed funeral establishment or cemetery authority, under
RCW 18.39.280 through 18.39.345 and chapter 68.46 RCW
are not subject to cancellation or substantial revision by survivors. Absent actual knowledge of contrary legal authorization under this section, a licensed funeral establishment or
cemetery authority shall not be held criminally nor civilly liable for acting upon such prearrangements.
(3) If the decedent has not made a prearrangement as set
forth in subsection (2) of this section or the costs of executing
the decedent’s wishes regarding the disposition of the decedent’s remains exceeds a reasonable amount or directions
have not been given by the decedent, the right to control the
disposition of the remains of a deceased person vests in, and
the duty of disposition and the liability for the reasonable cost
(2006 Ed.)
Human Remains
of preparation, care, and disposition of such remains
devolves upon the following in the order named:
(a) The surviving spouse.
(b) The surviving adult children of the decedent.
(c) The surviving parents of the decedent.
(d) The surviving siblings of the decedent.
(e) A person acting as a representative of the decedent
under the signed authorization of the decedent.
(4) If a cemetery authority as defined in RCW 68.04.190
or a funeral establishment licensed under chapter 18.39 RCW
has made a good faith effort to locate the person cited in subsection (3)(a) through (e) of this section or the legal representative of the decedent’s estate, the cemetery authority or
funeral establishment shall have the right to rely on an
authority to bury or cremate the human remains, executed by
the most responsible party available, and the cemetery
authority or funeral establishment may not be held criminally
or civilly liable for burying or cremating the human remains.
In the event any government agency provides the funds for
the disposition of any human remains and the government
agency elects to provide funds for cremation only, the cemetery authority or funeral establishment may not be held criminally or civilly liable for cremating the human remains.
(5) The liability for the reasonable cost of preparation,
care, and disposition devolves jointly and severally upon all
kin of the decedent in the same degree of kindred, in the order
listed in subsection (3) of this section, and upon the estate of
the decedent. [2005 c 365 § 141; 1993 c 297 § 1; 1992 c 108
§ 1; 1943 c 247 § 29; Rem. Supp. 1943 § 3778-29. Formerly
RCW 68.08.160.]
Disposal of remains of indigent persons: RCW 36.39.030.
Order of payment of debts of estate: RCW 11.76.110.
68.50.170
68.50.170 Effect of authorization. Any person signing
any authorization for the interment or cremation of any
human remains warrants the truthfulness of any fact set forth
in the authorization, the identity of the person whose human
remains are sought to be interred or cremated, and his or her
authority to order interments or cremation. That person is
personally liable for all damage occasioned by or resulting
from breach of such warranty. [2005 c 365 § 142; 1943 c 247
§ 30; Rem. Supp. 1943 § 3778-30. Formerly RCW
68.08.170.]
68.50.185
68.50.185 Individual cremation—Exception—Penalty. (1) A person authorized to dispose of human remains
shall not cremate or cause to be cremated more than one
human remains at a time unless written permission, after full
and adequate disclosure regarding the manner of cremation,
has been received from the person or persons under RCW
68.50.160 having the authority to order cremation. This
restriction shall not apply when equipment, techniques, or
devices are employed that keep human remains separate and
distinct before, during, and after the cremation process.
(2) Violation of this section is a gross misdemeanor.
[2005 c 365 § 143; 1987 c 331 § 61; 1985 c 402 § 3. Formerly RCW 68.08.185.]
Legislative finding—1985 c 402: "The legislature finds that certain
practices in storing human remains and in performing cremations violate
common notions of decency and generally held expectations. In enacting
this legislation, the legislature is reaffirming that certain practices, which
(2006 Ed.)
68.50.232
have never been acceptable, violate principles of human dignity." [1985 c
402 § 1.]
68.50.200
68.50.200 Permission to remove human remains.
Human remains may be removed from a plot in a cemetery
with the consent of the cemetery authority and the written
consent of one of the following in the order named:
(1) The surviving spouse.
(2) The surviving children of the decedent.
(3) The surviving parents of the decedent.
(4) The surviving brothers or sisters of the decedent.
If the required consent cannot be obtained, permission
by the superior court of the county where the cemetery is situated is sufficient: PROVIDED, That the permission shall
not violate the terms of a written contract or the rules and regulations of the cemetery authority. [2005 c 365 § 144; 1943
c 247 § 33; Rem. Supp. 1943 § 3778-33. Formerly RCW
68.08.200.]
68.50.210
68.50.210 Notice for order to remove remains. Notice
of application to the court for such permission shall be given,
at least ten days prior thereto, personally, or at least fifteen
days prior thereto if by mail, to the cemetery authority and to
the persons not consenting, and to every other person on
whom service of notice may be required by the court. [1943
c 247 § 34; Rem. Supp. 1943 § 3778-34. Formerly RCW
68.08.210.]
68.50.220
68.50.220 Exceptions. RCW 68.50.200 and 68.50.210
do not apply to or prohibit the removal of any human remains
from one plot to another in the same cemetery or the removal
of [human] remains by a cemetery authority from a plot for
which the purchase price is past due and unpaid, to some
other suitable place; nor do they apply to the disinterment of
human remains upon order of court or coroner. However, a
cemetery authority shall provide notification to the person
cited in RCW 68.50.200 before moving human remains.
[2005 c 365 § 145; 1987 c 331 § 62; 1943 c 247 § 35; Rem.
Supp. 1943 § 3778-35. Formerly RCW 68.08.220.]
68.50.230
68.50.230 Undisposed human remains—Rules.
Whenever any human remains shall have been in the lawful
possession of any person, firm, corporation, or association for
a period of ninety days or more, and the relatives of, or persons interested in, the deceased person shall fail, neglect, or
refuse to direct the disposition, the human remains may be
disposed of by the person, firm, corporation, or association
having such lawful possession thereof, under and in accordance with rules adopted by the cemetery board and the board
of funeral directors and embalmers, not inconsistent with any
statute of the state of Washington or rule adopted by the state
board of health. [2005 c 365 § 146; 1985 c 402 § 9; 1979 c
158 § 218; 1937 c 108 § 14; RRS § 8323-3. Formerly RCW
68.08.230.]
Legislative finding—1985 c 402: See note following RCW 68.50.185.
68.50.232
68.50.232 Undisposed remains—Entrusting to
funeral homes or mortuaries. See RCW 36.24.155.
[Title 68 RCW—page 25]
68.50.240
Title 68 RCW: Cemeteries, Morgues, and Human Remains
68.50.240
68.50.240 Record of human remains to be kept. The
person in charge of any premises on which interments or cremations are made shall keep a record of all human remains
interred or cremated on the premises under his or her charge,
in each case stating the name of each deceased person, date of
cremation or interment, and name and address of the funeral
establishment. [2005 c 365 § 147; 1943 c 247 § 39; Rem.
Supp. 1943 § 3778-39. Formerly RCW 68.08.240.]
68.50.270
68.50.270 Possession of cremated human remains.
The person or persons determined under RCW 68.50.160 as
having authority to order cremation shall be entitled to possession of the cremated human remains without further intervention by the state or its political subdivisions. [2005 c 365
§ 148; 1987 c 331 § 63; 1977 c 47 § 4. Formerly RCW
68.08.245.]
68.50.290
68.50.290 Corneal tissue for transplantation—Presumption of good faith. In any subsequent civil action in
which the next of kin of a decedent contends that he/she affirmatively informed the county coroner or medical examiner or
designee of his/her objection to removal of corneal tissue
from the decedent, it shall be presumed that the county coroner or medical examiner acted in good faith and without
knowledge of the objection. [1975-’76 2nd ex.s. c 60 § 2.
Formerly RCW 68.08.305.]
68.50.300
68.50.300 Release of information concerning a death.
(1) The county coroner, medical examiner, or prosecuting
attorney having jurisdiction may in such official’s discretion
release information concerning a person’s death to the media
and general public, in order to aid in identifying the deceased,
when the identity of the deceased is unknown to the official
and when he does not know the information to be readily
available through other sources.
(2) The county coroner, medical examiner, or prosecuting attorney may withhold any information which directly or
indirectly identifies a decedent until either:
(a) A notification period of forty-eight hours has elapsed
after identification of the decedent by such official; or
(b) The next of kin of the decedent has been notified.
During the forty-eight hour notification period, such
official shall make a good faith attempt to locate and notify
the next of kin of the decedent. [1981 c 176 § 2. Formerly
RCW 68.08.320.]
Severability—Effective date—1983 1st ex.s. c 16: See RCW
43.103.900 and 43.103.901.
68.50.320
68.50.320 Procedures for investigating missing persons—Availability of files (as amended by 2006 c 102). When a person reported missing
has not been found within thirty days of the report, or at any time the investigating agency suspects criminal activity to be the basis of the victim being
missing, the sheriff, chief of police, county coroner or county medical examiner, or other law enforcement authority initiating and conducting the investigation for the missing person shall: (1) File a missing person’s report with
the Washington state patrol missing and unidentified persons unit; (2) initiate the collection of DNA samples from the known missing person and
their family members for nuclear and mitochondrial DNA testing along with
the necessary consent forms; and (3) ask the missing person’s family or next
of kin to give written consent to contact the dentist or dentists of the missing
person and request the person’s dental records.
((When a person reported missing has not been found within thirty
days, the sheriff, chief of police, or other law enforcement authority initiating and conducting the investigation for the missing person shall confer with
the county coroner or medical examiner prior to the preparation of a missing
person’s report. After conferring with the coroner or medical examiner, the
sheriff, chief of police, or other law enforcement authority shall submit a
missing person’s report and the dental records received under this section to
the dental identification system of the state patrol identification and criminal
history section on forms supplied by the state patrol for such purpose.))
As soon as possible after collecting the DNA samples and obtaining the
dental records, the sheriff, chief of police, or other law enforcement authority
shall submit the DNA samples for nuclear DNA testing to the Washington
state patrol crime laboratory in their jurisdiction. The DNA samples for
mitochondrial DNA testing shall be submitted to the federal bureau of investigation. Dental records shall be submitted as soon as possible to the Washington state patrol missing and unidentified persons unit.
The descriptive information from missing person’s reports and dental
data submitted to the *state patrol missing persons and unidentified persons
unit shall be recorded and maintained by the Washington state patrol missing
and unidentified persons unit in the applicable dedicated missing person’s
data bases.
In cases where criminal activity is suspected, the state patrol shall conduct nuclear DNA typing for entry into the state missing person’s DNA data
base as soon as possible.
When a person reported missing has been found, the sheriff, chief of
police, coroner or medical examiner, or other law enforcement authority
shall report such information to the state patrol.
The dental identification system shall maintain a file of information
regarding persons reported to it as missing. The file shall contain the information referred to in this section and such other information as the state
patrol finds relevant to assist in the location of a missing person.
The files of the dental identification system shall, upon request, be
made available to law enforcement agencies attempting to locate missing
persons. [2006 c 102 § 6; 2001 c 223 § 1; 1984 c 17 § 18; 1983 1st ex.s. c 16
§ 16. Formerly RCW 68.08.355.]
*Reviser’s note: The term "state patrol missing persons and unidentified persons unit" apparently refers to "Washington state patrol missing and
unidentified persons unit."
Finding—Intent—2006 c 102: See note following RCW 36.28A.100.
68.50.320
68.50.310
68.50.310 Dental identification system established—
Powers and duties. A dental identification system is established in the identification section of the Washington state
patrol. The dental identification system shall act as a repository or computer center or both for dental examination
records and it shall be responsible for comparing such
records with dental records filed under RCW 68.50.330. It
shall also determine which scoring probabilities are the highest for purposes of identification and shall submit such information to the coroner or medical examiner who prepared and
forwarded the dental examination records. Once the dental
identification system is established, operating funds shall
come from the state general fund. [1987 c 331 § 65; 1983 1st
ex.s. c 16 § 15. Formerly RCW 68.08.350.]
[Title 68 RCW—page 26]
68.50.320 Procedures for investigating missing persons—Availability of files (as amended by 2006 c 235). When a person reported missing
has not been found within thirty days of the report, the sheriff, chief of
police, county coroner or county medical examiner, or other law enforcement authority initiating and conducting the investigation for the missing
person shall ask the missing person’s family or next of kin to give written
consent to contact the dentist or dentists of the missing person and request
the person’s dental records.
The missing person’s dentist or dentists shall provide diagnostic quality copies of the missing person’s dental records or original dental records to
the sheriff, chief of police, county coroner or county medical examiner, or
other law enforcement authority, when presented with the written consent
from the missing person’s family or next of kin or with a statement from the
sheriff, chief of police, county coroner or county medical examiner, or other
law enforcement authority that the missing person’s family or next of kin
could not be located in the exercise of due diligence or that the missing person’s family or next of kin refuse to consent to the release of the missing person’s dental records and there is reason to believe that the missing person’s
(2006 Ed.)
Human Remains
family or next of kin may have been involved in the missing person’s disappearance.
When a person reported missing has not been found within thirty days,
the sheriff, chief of police, or other law enforcement authority initiating and
conducting the investigation for the missing person shall confer with the
county coroner or medical examiner prior to the preparation of a missing person’s report. After conferring with the coroner or medical examiner, the
sheriff, chief of police, or other law enforcement authority shall submit a
missing person’s report and the dental records received under this section to
the dental identification system of the state patrol *identification, child
abuse, vulnerable adult abuse, and criminal history section on forms supplied
by the state patrol for such purpose.
When a person reported missing has been found, the sheriff, chief of
police, coroner or medical examiner, or other law enforcement authority
shall report such information to the state patrol.
The dental identification system shall maintain a file of information
regarding persons reported to it as missing. The file shall contain the information referred to in this section and such other information as the state
patrol finds relevant to assist in the location of a missing person.
The files of the dental identification system shall, upon request, be
made available to law enforcement agencies attempting to locate missing
persons. [2006 c 235 § 4; 2001 c 223 § 1; 1984 c 17 § 18; 1983 1st ex.s. c 16
§ 16. Formerly RCW 68.08.355.]
Reviser’s note: *(1) The "identification, child abuse, vulnerable adult
abuse, and criminal history section" was renamed the "identification and
criminal history section" by 2006 c 294 § 1.
(2) RCW 68.50.320 was amended twice during the 2006 legislative
session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Purpose—Effective date—2006 c 235: See notes following RCW
70.02.050.
Severability—Effective date—1983 1st ex.s. c 16: See RCW
43.103.900 and 43.103.901.
Missing children clearinghouse and hot line: Chapter 13.60 RCW.
68.50.330
68.50.330 Identification of body or human remains
by dental examination—Comparison of dental examination records with dental records of dental identification
system. If the county coroner or county medical examiner
investigating a death is unable to establish the identity of a
body or human remains by visual means, fingerprints, or
other identifying data, he or she shall have a qualified dentist,
as determined by the county coroner or county medical
examiner, carry out a dental examination of the body or
human remains. If the county coroner or county medical
examiner with the aid of the dental examination and other
identifying findings is still unable to establish the identity of
the body or human remains, he or she shall prepare and forward such dental examination records within thirty days of
the date the body or human remains were found to the dental
identification system of the state patrol identification and
criminal history section on forms supplied by the state patrol
for such purposes.
The dental identification system shall act as a repository
or computer center or both with respect to such dental examination records. It shall compare such dental examination
records with dental records filed with it and shall determine
which scoring probabilities are the highest for the purposes of
identification. It shall then submit such information to the
county coroner or county medical examiner who prepared
and forwarded the dental examination records. [2001 c 172 §
1; 1984 c 17 § 19; 1983 1st ex.s. c 16 § 17. Formerly RCW
68.08.360.]
Severability—Effective date—1983 1st ex.s. c 16: See RCW
43.103.900 and 43.103.901.
(2006 Ed.)
68.50.530
68.50.500 Identification of potential donors—Hospital procedures. Each hospital shall develop procedures for
identifying potential anatomical parts donors. The procedures
shall require that any deceased individual’s next of kin or
other individual, as set forth in RCW 68.50.550, and the medical record does not specify the deceased as a donor, at or
near the time of notification of death be asked whether the
deceased was a part donor. If not, the family shall be
informed of the option to donate parts pursuant to the uniform
anatomical gift act. With the approval of the designated next
of kin or other individual, as set forth in RCW 68.50.550, the
hospital shall then notify an established procurement organization including those organ procurement agencies associated with a national organ procurement transportation network or other eligible donee, as specified in RCW 68.50.570,
and cooperate in the procurement of the anatomical gift or
gifts. The procedures shall encourage reasonable discretion
and sensitivity to the family circumstances in all discussions
regarding donations of parts. The procedures may take into
account the deceased individual’s religious beliefs or obvious
nonsuitability for an anatomical parts donation. Laws pertaining to the jurisdiction of the coroner shall be complied
with in all cases of reportable deaths pursuant to RCW
68.50.010. [1993 c 228 § 20; 1987 c 331 § 71; 1986 c 129 §
1. Formerly RCW 68.08.650.]
68.50.500
68.50.510 Good faith compliance with RCW
68.50.500—Hospital liability. No act or omission of a hospital in developing or implementing the provisions of RCW
68.50.500, when performed in good faith, shall be a basis for
the imposition of any liability upon the hospital.
This section shall not apply to any act or omission of the
hospital that constitutes gross negligence or wilful and wanton conduct. [1987 c 331 § 72; 1986 c 129 § 2. Formerly
RCW 68.08.660.]
68.50.510
68.50.520 Anatomical gifts—Findings—Declaration.
The legislature finds that:
(1) The demand for donor organs and body parts exceeds
the available supply for transplant.
(2) The discussion regarding advance directives including anatomical gifts is most appropriate with the primary care
provider during an office visit.
(3) Federal law requires hospitals, skilled nursing facilities, home health agencies, and hospice programs to provide
information regarding advance directives.
(4) Discretion and sensitivity must be used in discussion
and requests for anatomical gifts.
The legislature declares that it is in the best interest of the
citizens of Washington to provide a program that will
increase the number of anatomical gifts available for donation, and the legislature further declares that wherever possible policies and procedures required in this chapter shall be
consistent with the federal requirements. [1993 c 228 § 1.]
68.50.520
68.50.530 Anatomical gifts—Definitions. Unless the
context requires otherwise, the definitions in this section
apply throughout RCW 68.50.520 through 68.50.620,
68.50.635, 68.50.640, and 68.50.901 through 68.50.904.
(1) "Anatomical gift" means a donation of all or part of a
human body to take effect upon or after death.
68.50.530
[Title 68 RCW—page 27]
68.50.540
Title 68 RCW: Cemeteries, Morgues, and Human Remains
(2) "Decedent" means a deceased individual.
(3) "Document of gift" means a card, a statement
attached to or imprinted on a motor vehicle operator’s
license, a will, or other writing used to make an anatomical
gift.
(4) "Donor" means an individual who makes an anatomical gift of all or part of the individual’s body.
(5) "Enucleator" means an individual who is qualified to
remove or process eyes or parts of eyes.
(6) "Hospital" means a facility licensed under chapter
70.41 RCW, or as a hospital under the law of any state or a
facility operated as a hospital by the United States government, a state, or a subdivision of a state.
(7) "Part" means an organ, tissue, eye, bone, artery,
blood, fluid, or other portion of a human body.
(8) "Person" means an individual, corporation, business
trust, estate, trust, partnership, joint venture, association, government, governmental subdivision or agency, or any other
legal or commercial entity.
(9) "Physician" or "surgeon" means an individual
licensed or otherwise authorized to practice medicine and
surgery or osteopathic medicine and surgery under chapters
18.71 and 18.57 RCW.
(10) "Procurement organization" means a person
licensed, accredited, or approved under the laws of any state
for procurement, distribution, or storage of human bodies or
parts.
(11) "Reasonable costs" include: (a) Programming and
software installation and upgrades; (b) employee training that
is specific to the organ and tissue donor registry or the donation program created in RCW 46.12.510; (c) literature that is
specific to the organ and tissue donor registry or the donation
program created in RCW 46.12.510; and (d) hardware
upgrades or other issues important to the organ and tissue
donor registry or the donation program created in RCW
46.12.510 that have been mutually agreed upon in advance
by the department of licensing and the Washington state
organ procurement organizations.
(12) "State" means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(13) "Technician" means an individual who is qualified
to remove or process a part.
(14) "Washington state organ procurement organization"
means an organ procurement organization that has been designated by the United States department of health and human
services to coordinate organ procurement activities for any
portion of Washington state. [2003 c 94 § 2; 1996 c 178 § 15;
1993 c 228 § 2.]
Findings—2003 c 94: "The legislature finds that the use of anatomical
gifts, including the donation of organ[s] or tissue, for the purpose of transplantation is of great interest to the citizens of Washington state and may
save or prolong the life or improve the health of extremely ill and dying persons.
The legislature further finds that more than eighty thousand people are
currently waiting for life-saving organ transplants on the national transplant
waiting list. More than one thousand two hundred of these people are listed
at Washington state transplant centers. Nationally, seventeen people die
each day as a result of the shortage of donated organs.
The creation of a statewide organ and tissue donor registry is crucial to
facilitate timely and successful organ and tissue procurement. The legislature further finds that continuing education as to the existence and mainte[Title 68 RCW—page 28]
nance of a statewide organ and tissue donor registry is in the best interest of
the people of the state of Washington." [2003 c 94 § 1.]
Effective date—1996 c 178: See note following RCW 18.35.110.
68.50.540
68.50.540 Anatomical gifts—Authorized—Procedures—Changes—Refusal. (1) An individual who is at
least eighteen years of age, or an individual who is at least
sixteen years of age as provided in subsection (12) of this section, may (a) make an anatomical gift for any of the purposes
stated in RCW 68.50.570(1), (b) limit an anatomical gift to
one or more of those purposes, or (c) refuse to make an anatomical gift.
(2) An anatomical gift may be made by a document of
gift signed by the donor. If the donor cannot sign, the document of gift must be signed by another individual and by two
witnesses, all of whom have signed at the direction and in the
presence of the donor and of each other and state that it has
been so signed.
(3) If a document of gift is attached to or imprinted on a
donor’s motor vehicle operator’s license, the document of
gift must comply with subsection (2) of this section. Revocation, suspension, expiration, or cancellation of the license
does not invalidate the anatomical gift.
(4) The donee or other person authorized to accept the
anatomical gift may employ or authorize a physician, surgeon, technician, or enucleator to carry out the appropriate
procedures.
(5) An anatomical gift by will takes effect upon death of
the testator, whether or not the will is probated. If, after
death, the will is declared invalid for testamentary purposes,
the validity of the anatomical gift is unaffected.
(6)(a) A donor may amend or revoke an anatomical gift,
not made by will, by:
(i) A signed statement;
(ii) An oral statement made in the presence of two individuals;
(iii) Any form of communication during a terminal illness or injury; or
(iv) The delivery of a signed statement to a specified
donee to whom a document of gift had been delivered.
(b) A donor shall notify a Washington state organ procurement organization of the destruction, cancellation, or
mutilation of the document of gift for the purpose of removing the person’s name from the organ and tissue donor registry created in RCW 68.50.635. If the Washington state organ
procurement organization that is notified does not maintain a
registry for Washington residents, it shall notify all Washington state organ procurement organizations that do maintain
such a registry.
(7) The donor of an anatomical gift made by will may
amend or revoke the gift in the manner provided for amendment or revocation of wills, or as provided in subsection (6)
of this section.
(8) An anatomical gift that is not revoked by the donor
before death is irrevocable and does not require the consent
or concurrence of a person after the donor’s death.
(9) An individual may refuse to make an anatomical gift
of the individual’s body or part by (a) a writing signed in the
same manner as a document of gift, (b) a statement attached
to or imprinted on a donor’s motor vehicle operator’s license,
or (c) another writing used to identify the individual as refus(2006 Ed.)
Human Remains
ing to make an anatomical gift. During a terminal illness or
injury, the refusal may be an oral statement or other form of
communication.
(10) In the absence of contrary indications by the donor,
an anatomical gift of a part is neither a refusal to give other
parts nor a limitation on an anatomical gift under RCW
68.50.550.
(11) In the absence of contrary indications by the donor,
a revocation or amendment of an anatomical gift is not a
refusal to make another anatomical gift. If the donor intends
a revocation to be a refusal to make an anatomical gift, the
donor shall make the refusal pursuant to subsection (9) of this
section.
(12) An individual who is under the age of eighteen, but
is at least sixteen years of age, may make an anatomical gift
as provided by subsection (2) of this section, if the document
of gift is also signed by either parent or a guardian of the
donor. A document of gift signed by a donor under the age of
eighteen that is not signed by either parent or a guardian shall
not be considered valid until the person reaches the age of
eighteen, but may be considered as evidence that the donor
has not refused permission to make an anatomical gift under
the provisions of RCW 68.50.550. [2003 c 94 § 4; 1995 c 132
§ 1; 1993 c 228 § 3.]
Findings—2003 c 94: See note following RCW 68.50.530.
68.50.550
68.50.550 Anatomical gifts—By person other than
decedent. (1) A member of the following classes of persons,
in the order of priority listed, absent contrary instructions by
the decedent, may make an anatomical gift of all or a part of
the decedent’s body for an authorized purpose, unless the
decedent, at the time of death, had made an unrevoked refusal
to make that anatomical gift:
(a) The appointed guardian of the person of the decedent
at the time of death;
(b) The individual, if any, to whom the decedent had
given a durable power of attorney that encompassed the
authority to make health care decisions;
(c) The spouse of the decedent;
(d) A son or daughter of the decedent who is at least
eighteen years of age;
(e) Either parent of the decedent;
(f) A brother or sister of the decedent who is at least
eighteen years of age;
(g) A grandparent of the decedent.
(2) An anatomical gift may not be made by a person
listed in subsection (1) of this section if:
(a) A person in a prior class is available at the time of
death to make an anatomical gift;
(b) The person proposing to make an anatomical gift
knows of a refusal or contrary indications by the decedent; or
(c) The person proposing to make an anatomical gift
knows of an objection to making an anatomical gift by a
member of the person’s class or a prior class.
(3) An anatomical gift by a person authorized under subsection (1) of this section must be made by (a) a document of
gift signed by the person or (b) the person’s telegraphic,
recorded telephonic, or other recorded message, or other
form of communication from the person that is contempora(2006 Ed.)
68.50.560
neously reduced to writing and signed by the recipient of the
communication.
(4) An anatomical gift by a person authorized under subsection (1) of this section may be revoked by a member of the
same or a prior class if, before procedures have begun for the
removal of a part from the body of the decedent, the physician, surgeon, technician, or enucleator removing the part
knows of the revocation.
(5) A failure to make an anatomical gift under subsection
(1) of this section is not an objection to the making of an anatomical gift. [1993 c 228 § 4.]
68.50.560
68.50.560 Anatomical gifts—Hospital procedure—
Records—Liability. (1) On or before admission to a hospital, or as soon as possible thereafter, a person designated by
the hospital shall ask each patient who is at least eighteen
years of age: "Are you an organ or tissue donor?" If the
answer is affirmative the person shall request a copy of the
document of gift. If the answer is negative or there is no
answer, the person designated shall provide the patient information about the right to make a gift and shall ask the patient
if he or she wishes to become an anatomical parts donor. If
the answer is affirmative, the person designated shall provide
a document of gift to the patient. The answer to the questions,
an available copy of any document of gift or refusal to make
an anatomical gift, and any other relevant information shall
be placed in the patient’s medical record.
(2) If, at or near the time of death of a patient, there is no
medical record that the patient has made or refused to make
an anatomical gift, the hospital administrator or a representative designated by the administrator shall discuss the option
to make or refuse to make an anatomical gift and request the
making of an anatomical gift under RCW 68.50.550(1). The
request shall be made with reasonable discretion and sensitivity to the circumstances of the family. A request is not
required if the gift is not suitable, based upon accepted medical standards, for a purpose specified in RCW 68.50.570. An
entry shall be made in the medical record of the patient, stating the name and affiliation of the individual making the
request, and of the name, response, and relationship to the
patient of the person to whom the request was made. The secretary of the department of health shall adopt rules to implement this subsection.
(3) The following persons shall make a reasonable
search of the individual and his or her personal effects for a
document of gift or other information identifying the bearer
as a donor or as an individual who has refused to make an
anatomical gift:
(a) The agency assuming jurisdiction over the decedent,
such as the coroner or medical examiner; or
(b) A hospital, upon the admission of an individual at or
near the time of death, if there is not immediately available
another source of that information.
(4) If a document of gift or evidence of refusal to make
an anatomical gift is located by the search required by subsection (3)(a) of this section, and the individual or body to
whom it relates is taken to a hospital, the hospital shall be
notified of the contents and the document or other evidence
shall be sent to the hospital.
(5) If, at or near the time of death of a patient, a hospital
knows that an anatomical gift has been made under RCW
[Title 68 RCW—page 29]
68.50.570
Title 68 RCW: Cemeteries, Morgues, and Human Remains
68.50.550(1), or that a patient or an individual identified as in
transit to the hospital is a donor, the hospital shall notify the
donee if one is named and known to the hospital; if not, it
shall notify an appropriate procurement organization. The
hospital shall cooperate in the procurement of the anatomical
gift or release and removal of a part.
(6) A person who fails to discharge the duties imposed
by this section is not subject to criminal or civil liability.
(7) Hospitals shall develop policies and procedures to
implement this section. [1993 c 228 § 5.]
68.50.570
68.50.570 Anatomical gifts—Donees. (1) The following persons may become donees of anatomical gifts for the
purposes stated:
(a) A hospital, physician, surgeon, or procurement organization for transplantation, therapy, medical or dental education, research, or advancement of medical or dental science;
(b) An accredited medical or dental school, college, or
university for education, research, or advancement of medical or dental science; or
(c) A designated individual for transplantation or therapy
needed by that individual.
(2) An anatomical gift may be made to a designated
donee or without designating a donee. If a donee is not designated or if the donee is not available or rejects the anatomical
gift, the anatomical gift may be accepted by any hospital.
(3) If the donee knows of the decedent’s refusal or contrary indications to make an anatomical gift or that an anatomical gift made by a member of a class having priority to
act is opposed by a member of the same class or a prior class
under RCW 68.50.550(1), the donee may not accept the anatomical gift. [1993 c 228 § 6.]
68.50.580
68.50.580 Anatomical gifts—Document of gift—
Delivery. (1) Delivery of a document of gift during the
donor’s lifetime is not required for the validity of an anatomical gift.
(2) If an anatomical gift is made to a designated donee,
the document of gift, or a copy, may be delivered to the donee
to expedite the appropriate procedures after death. The document of gift, or a copy, may be deposited in a hospital, procurement organization, or registry office that accepts it for
safekeeping or for facilitation of procedures after death. On
request of an interested person, upon or after the donor’s
death, the person in possession shall allow the interested person to examine or copy the document of gift. [1993 c 228 §
7.]
68.50.590
68.50.590 Anatomical gifts—Rights of donee—Time
of death—Actions by technician, enucleator. (1) Rights of
a donee created by an anatomical gift are superior to rights of
others except when under the jurisdiction of the coroner or
medical examiner. A donee may accept or reject an anatomical gift. If a donee accepts an anatomical gift of an entire
body, the donee, subject to the terms of the gift, may allow
embalming and use of the body in funeral services. If the gift
is of a part of a body, the donee, upon the death of the donor
and before embalming, shall cause the part to be removed
without unnecessary mutilation. After removal of the part,
[Title 68 RCW—page 30]
custody of the remainder of the body vests in the person
under obligation to dispose of the body.
(2) The time of death must be determined by a physician
or surgeon who attends the donor at death or, if none, the physician or surgeon who certifies the death. Neither the physician or surgeon who attends the donor at death nor the physician or surgeon who determines the time of death may participate in the procedures for removing or transplanting a part.
(3) If there has been an anatomical gift, a technician may
remove any donated parts and an enucleator may remove any
donated eyes or parts of eyes, after determination of death by
a physician or surgeon. [1993 c 228 § 8.]
68.50.600
68.50.600 Anatomical gifts—Hospitals—Procurement and use coordination. Each hospital in this state, after
consultation with other hospitals and procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and parts.
[1993 c 228 § 9.]
68.50.610
68.50.610 Anatomical gifts—Illegal purchase or
sale—Penalty. (1) A person may not knowingly, for valuable consideration, purchase or sell a part for transplantation
or therapy, if removal of the part is intended to occur after the
death of the decedent.
(2) Valuable consideration does not include reasonable
payment for the removal, processing, disposal, preservation,
quality control, storage, transportation, or implantation of a
part.
(3) A person who violates this section is guilty of a class
C felony and upon conviction is subject to a fine not exceeding fifty thousand dollars or imprisonment not exceeding five
years, or both. [2003 c 53 § 312; 1993 c 228 § 10.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
68.50.620
68.50.620 Anatomical gifts—Examination for medical acceptability—Jurisdiction of coroner, medical examiner—Liability limited. (1) An anatomical gift authorizes
reasonable examination necessary to assure medical acceptability of the gift for the purposes intended.
(2) The provisions of RCW 68.50.520 through
*68.50.630 and 68.50.901 through 68.50.904 are subject to
the laws of this state governing the jurisdiction of the coroner
or medical examiner.
(3) A hospital, physician, surgeon, coroner, medical
examiner, local public health officer, enucleator, technician,
or other person, who acts in accordance with RCW 68.50.520
through *68.50.630 and 68.50.901 through 68.50.904 or with
the applicable anatomical gift law of another state or a foreign country or attempts in good faith to do so, is not liable
for that act in a civil action or criminal proceeding.
(4) An individual who makes an anatomical gift under
RCW 68.50.540 or 68.50.550 and the individual’s estate are
not liable for injury or damage that may result from the making or the use of the anatomical gift. [1993 c 228 § 11.]
*Reviser’s note: RCW 68.50.630 was repealed by 2002 c 45 § 1.
68.50.635
68.50.635 Organ and tissue donor registry. (1) The
department of licensing shall electronically transfer all infor(2006 Ed.)
Public Cemeteries and Morgues
mation that appears on the front of a driver’s license or identicard including the name, gender, date of birth, and most
recent address of any person who obtains a driver’s license or
identicard and volunteers to donate organs or tissue upon
death to any Washington state organ procurement organization that intends to establish a statewide organ and tissue
donor registry as provided under subsection (2) of this section. All subsequent electronic transfers of donor information shall be at no charge to this Washington state organ procurement organization.
(2) Information obtained by a Washington state organ
procurement organization under subsection (1) of this section
shall be used for the purpose of establishing a statewide organ
and tissue donor registry accessible to in-state recognized
cadaveric organ and cadaveric tissue agencies for the recovery or placement of organs and tissue and to procurement
agencies in another state when a Washington state resident is
a donor of an anatomical gift and is not located in this state at
the time of death or immediately before the death of the
donor. Any registry created using information acquired
under subsection (1) of this section must include all residents
of Washington state regardless of their residence within the
service area designated by the federal government.
(3) No organ or tissue donation organization may obtain
information from the organ and tissue donor registry for the
purposes of fund raising. Organ and tissue donor registry
information may not be further disseminated unless authorized in this section or by federal law. Dissemination of
organ and tissue donor registry information may be made by
a Washington state organ procurement organization to
another Washington state organ procurement organization, a
recognized in-state procurement agency for other tissue
recovery, or an out-of-state federally designated organ procurement organization that has been designated by the United
States department of health and human services to serve an
area outside Washington.
(4) A Washington state organ procurement organization
may acquire donor information from sources other than the
department of licensing.
(5) All reasonable costs associated with the creation of
an organ and tissue donor registry shall be paid by the Washington state organ procurement organization that has
requested the information. The reasonable costs associated
with the initial installation and setup for electronic transfer of
the donor information at the department of licensing shall be
paid by the Washington state organ procurement organization
that requested the information.
(6) An individual does not need to participate in the
organ and tissue donor registry to be a donor of organs or tissue. The registry is to facilitate organ and tissue donations
and not inhibit persons from being donors upon death. [2003
c 94 § 3.]
Findings—2003 c 94: See note following RCW 68.50.530.
Chapter 68.52
deposited into the account. Except as provided in subsection
(2) of this section, expenditures from the account may be
authorized by the director of the department of licensing or
the director’s designee and do not require an appropriation.
(2) The department of licensing shall submit a funding
request to the legislature covering the reasonable costs associated with the ongoing maintenance associated with the
electronic transfer of the donor information to the organ and
tissue donor registry and the donation program established in
RCW 46.12.510. The legislature shall appropriate to the
department of licensing an amount it deems reasonable from
the organ and tissue donation awareness account to the
department of licensing for these purposes.
(3) At least quarterly, the department of licensing shall
transmit any remaining moneys in the organ and tissue donation awareness account to the foundation established in RCW
46.12.510 for the costs associated with educating the public
about the organ and tissue donor registry and related organ
and tissue donation education programs.
(4) Funding for donation awareness programs must be
proportional across the state regardless of which Washington
state organ procurement organization may be designated by
the United States department of health and human services to
serve a particular geographic area. No funds from the
account may be used to fund activities outside Washington
state. [2003 c 94 § 7.]
Findings—2003 c 94: See note following RCW 68.50.530.
68.50.900 Effective date—1987 c 331.
68.05.900.
68.50.900
See RCW
68.50.901 Application—1993 c 228. RCW 68.50.520
through *68.50.630 and 68.50.901 through 68.50.904 apply
to a document of gift, revocation, or refusal to make an anatomical gift signed by the donor or a person authorized to
make or object to making an anatomical gift before, on, or
after July 25, 1993. [1993 c 228 § 12.]
68.50.901
*Reviser’s note: RCW 68.50.630 was repealed by 2002 c 45 § 1.
68.50.902 Application—Construction—1993 c 228.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. [1993 c 228 § 13.]
68.50.902
68.50.903 Severability—1993 c 228. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 228 § 14.]
68.50.903
68.50.904 Short title—1993 c 228. RCW 68.50.520
through *68.50.630 and 68.50.901 through 68.50.903 may be
cited as the "uniform anatomical gift act." [1993 c 228 § 16.]
68.50.904
*Reviser’s note: RCW 68.50.630 was repealed by 2002 c 45 § 1.
68.50.640
68.50.640 Organ and tissue donation awareness
account. (1) The organ and tissue donation awareness
account is created in the custody of the state treasurer. All
receipts from donations made under RCW 46.12.510, and
other contributions and appropriations specifically made for
the purposes of organ and tissue donor awareness, shall be
(2006 Ed.)
Chapter 68.52 RCW
PUBLIC CEMETERIES AND MORGUES
Chapter 68.52
Sections
68.52.010
Morgues authorized in counties.
[Title 68 RCW—page 31]
68.52.010
68.52.020
68.52.030
68.52.040
68.52.045
68.52.050
68.52.060
68.52.065
68.52.070
68.52.080
68.52.090
68.52.100
68.52.110
68.52.120
68.52.130
68.52.140
68.52.150
68.52.155
68.52.160
68.52.170
68.52.180
68.52.190
68.52.192
68.52.193
68.52.195
68.52.200
68.52.210
68.52.220
68.52.250
68.52.260
68.52.270
68.52.280
68.52.290
68.52.300
68.52.310
68.52.320
68.52.330
68.52.900
68.52.901
Title 68 RCW: Cemeteries, Morgues, and Human Remains
Coroner to control morgue—Expense.
Counties and cities may provide for burial, acquire cemeteries,
etc.
Cities and towns may own, improve, etc., cemeteries.
Cities and towns may provide for a cemetery board.
Cemetery improvement fund.
Care and investment of fund.
Approval of investments.
Cemetery improvement fund—Management.
Books of account—Audit.
Establishment authorized.
Petition—Requisites—Examination.
Hearing—Place and date.
Publication and posting of petition and notice of hearing.
Hearing—Inclusion and exclusion of lands.
Election on formation of district and first commissioners.
Election, how conducted—Notice.
Conformity with election laws—Exception—Vacancies.
Election ballot.
Canvass of returns—Resolution of organization.
Review—Organization complete.
General powers of district.
Public cemetery facilities or services—Cooperation with public or private agencies—Joint purchasing.
Public cemetery facilities or services—"Public agency"
defined.
Community revitalization financing—Public improvements.
Right of eminent domain.
Power to do cemetery business—District boundaries may
include cities and towns—Eminent domain exception.
District commissioners—Compensation—Election.
Special elections.
Oath of commissioners.
Organization of board—Secretary—Office—Meetings—
Powers.
Duty of county treasurer—Cemetery district fund.
Tax levy authorized for fund.
Disbursement of fund.
Limitation of indebtedness—Limitation of tax levy.
Dissolution of districts.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for
five years.
Severability—1947 c 6.
Effective date—1987 c 331.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Taxation, exemptions: RCW 84.36.020.
68.52.010
68.52.010 Morgues authorized in counties. The
county legislative authority of each county may at its discretion provide and equip a public morgue together with suitable
morgue wagon for the conveyance, receipt and proper disposition of the bodies of all deceased persons not claimed by
relatives, and of all dead bodies which are by law subject to a
post mortem or coroner’s inquest: PROVIDED, HOWEVER, That only one public morgue may be established in
any county: PROVIDED FURTHER, That counties may
agree to establish joint morgue facilities pursuant to chapter
39.34 RCW. [1983 1st ex.s. c 16 § 19; 1917 c 90 § 1; RRS §
6040. Formerly RCW 68.12.010.]
Severability—Effective date—1983 1st ex.s. c 16: See RCW
43.103.900 and 43.103.901.
68.52.020 Coroner to control morgue—Expense.
Such morgue shall be under the control and management of
the coroner who shall have power with the advice and consent of the county commissioners, to employ the necessary
deputies and employees; and, with the advice and consent of
the county commissioners, to fix their salaries and compensation, which, together with the expenses of operating such
morgue, shall be paid monthly out of the county treasury.
[1917 c 90 § 2; RRS § 6041. Formerly RCW 68.12.020.]
68.52.020
[Title 68 RCW—page 32]
68.52.030
68.52.030 Counties and cities may provide for burial,
acquire cemeteries, etc. Each and every county, town or
city, shall have power to provide a hearse and pall for burial
of the dead, and to procure and hold lands for burying
grounds, and to make regulations and fence the same, and to
preserve the monuments erected therein, and to levy and collect the necessary taxes for that purpose, in the same manner
as other taxes are levied and collected. [1857 p 28 § 3; RRS
§ 3772. Formerly RCW 68.12.030.]
68.52.040
68.52.040 Cities and towns may own, improve, etc.,
cemeteries. Any city or town may acquire, hold, or improve
land for cemetery purposes, and may sell lots therein, and
may provide by ordinance that a specified percentage of the
proceeds therefrom be set aside and invested, and the income
from the investment be used in the care of the lots, and may
take and hold any property devised, bequeathed or given
upon trust, and apply the income thereof for the improvement
or embellishment of the cemeteries or the erection or preservation of structures, fences, or walks therein, or for the repair,
preservation, erection, or renewal of any tomb, monument,
gravestone, fence, railing, or other erection at or around a
cemetery, lot, or plat, or for planting and cultivating trees,
shrubs, flowers, or plants in or around the lot or plot, or for
improving or embellishing the cemetery in any other manner
or form consistent with the design and purpose of the city,
according to the terms of the grant, devise, or bequest. [1955
c 378 § 1; 1909 c 156 § 1; RRS § 3773. Formerly RCW
68.12.040.]
68.52.045
68.52.045 Cities and towns may provide for a cemetery board. The legislative body of any city or town may
provide by ordinance for a cemetery board to be appointed by
the mayor in cities and towns operating under the mayorcouncil form of government, by the city commission in cities
operating under the commission form of government, and by
the city manager in cities and towns operating under the
council-manager form of government: PROVIDED FURTHER, That no ordinance shall be enacted, pursuant to this
section, in conflict with provisions contained in charters of
cities of the first class. [1955 c 378 § 2. Formerly RCW
68.12.045.]
68.52.050
68.52.050 Cemetery improvement fund. All moneys
received in the manner above provided shall be deposited
with the city treasurer, and shall be kept apart in a fund
known as the cemetery improvement fund, and shall be paid
out only upon warrants drawn by the order of the cemetery
board, if such a board exists, or by order of the body, department, commission, or committee duly authorized by ordinance to issue such an order, or by the legislative body of a
city or town, which order shall be approved by such legislative body if such order is not issued by the legislative body,
and shall be indorsed by the mayor and attested by the city
comptroller or other authorized officer. [1955 c 378 § 3;
1909 c 156 § 4; RRS § 3776. Formerly RCW 68.12.050.]
68.52.060
68.52.060 Care and investment of fund. It shall be the
duty of the cemetery board and other body or commission
having in charge the care and operation of cemeteries to
(2006 Ed.)
Public Cemeteries and Morgues
invest all sums set aside from the sale of lots, and all sums of
money received, and to care for the income of all money and
property held in trust for the purposes designated herein:
PROVIDED, HOWEVER, That all investments shall be
made in municipal, county, school or state bonds, general
obligation warrants of the city owning such cemetery, or in
first mortgages on good and improved real estate. [1933 c 91
§ 1; 1909 c 156 § 2; RRS § 3774. FORMER PART OF SECTION: 1909 c 156 § 3 now codified as RCW 68.52.065. Formerly RCW 68.12.060.]
68.52.065
68.52.065 Approval of investments. All investments
shall be approved by the council or legislative body of the
city. [1909 c 156 § 3; RRS § 3775. Formerly RCW
68.12.060, part, and 68.12.065.]
68.52.070
68.52.070 Cemetery improvement fund—Management. The said city shall, by ordinance, make all necessary
rules and regulations concerning the control and management
of said fund to properly safeguard the same, but shall in nowise be liable for any of said funds except a misappropriation
thereof, and shall not have power to bind the city or said fund
for any further liability than whatever net interest may be
actually realized from such investments, and shall not be liable to any particular person for more than the proportionate
part of such net earnings. [1909 c 156 § 6; RRS § 3778. Formerly RCW 68.12.070.]
68.52.080
68.52.080 Books of account—Audit. Accurate books
of account shall be kept of all transactions pertaining to said
fund, which books shall be open to the public for inspection
and shall be audited by the auditing committee of said city.
[1909 c 156 § 5; RRS § 3777. Formerly RCW 68.12.080.]
68.52.140
tor shall transmit it, with a certificate of sufficiency attached,
to the county legislative authority, which shall thereupon, by
resolution entered upon its minutes, receive the same and fix
a day and hour when it will publicly hear the petition. [1994
c 223 § 74; 1947 c 6 § 2; Rem. Supp. 1947 § 3778-151. Formerly RCW 68.16.020.]
68.52.110
68.52.110 Hearing—Place and date. The hearing on
such petition shall be at the office of the board of county commissioners and shall be held not less than twenty nor more
than forty days from the date of receipt thereof from the
county auditor. The hearing may be completed on the day set
therefor or it may be adjourned from time to time as may be
necessary, but such adjournment or adjournments shall not
extend the time for determining said petition more than sixty
days in all from the date of receipt by the board. [1947 c 6 §
3; Rem. Supp. 1947 § 3778-152. Formerly RCW 68.16.030.]
68.52.120
68.52.120 Publication and posting of petition and
notice of hearing. A copy of the petition with the names of
petitioners omitted, together with a notice signed by the clerk
of the board of county commissioners stating the day, hour
and place of the hearing, shall be published in three consecutive weekly issues of the official newspaper of the county
prior to the date of hearing. Said clerk shall also cause a copy
of the petition with the names of petitioners omitted, together
with a copy of the notice attached, to be posted for not less
than fifteen days before the date of hearing in each of three
public places within the boundaries of the proposed district,
to be previously designated by him and made a matter of
record in the proceedings. [1947 c 6 § 4; Rem. Supp. 1947 §
3778-153. Formerly RCW 68.16.040.]
68.52.130
68.52.090
68.52.090 Establishment authorized. Cemetery districts may be established in all counties and on any island in
any county, as in this chapter provided. [1971 c 19 § 1; 1957
c 99 § 1; 1953 c 41 § 1; 1947 c 27 § 1; 1947 c 6 § 1; Rem.
Supp. 1947 § 3778-150. Formerly RCW 68.16.010.]
68.52.100
68.52.100 Petition—Requisites—Examination. For
the purpose of forming a cemetery district, a petition designating the boundaries of the proposed district by metes and
bounds or describing the lands to be included in the proposed
district by government townships, ranges and legal subdivisions, signed by not less than fifteen percent of the registered
voters who reside within the boundaries of the proposed district, setting forth the object of the formation of such district
and stating that the establishment thereof will be conducive
to the public welfare and convenience, shall be filed with the
county auditor of the county within which the proposed district is located, accompanied by an obligation signed by two
or more petitioners agreeing to pay the cost of publishing the
notice hereinafter provided for. The county auditor shall,
within thirty days from the date of filing of such petition,
examine the signatures and certify to the sufficiency or insufficiency thereof. The name of any person who signed a petition shall not be withdrawn from the petition after it has been
filed with the county auditor. If the petition is found to contain a sufficient number of valid signatures, the county audi(2006 Ed.)
68.52.130 Hearing—Inclusion and exclusion of
lands. At the time and place fixed for hearing on the petition
or at any adjournment thereof, the board of county commissioners shall hear said petition and receive such evidence as it
may deem material in favor of or opposed to the formation of
the district or to the inclusion therein or exclusion therefrom
of any lands, but no lands not within the boundaries of the
proposed district as described in the petition shall be included
without a written waiver describing the land, executed by all
persons having any interest of record therein, having been
filed in the proceedings. No land within the boundaries
described in petition shall be excluded from the district.
[1947 c 6 § 5; Rem. Supp. 1947 § 3778-154. Formerly RCW
68.16.050.]
68.52.140
68.52.140 Election on formation of district and first
commissioners. The county legislative authority shall have
full authority to hear and determine the petition, and if it finds
that the formation of the district will be conducive to the public welfare and convenience, it shall by resolution so declare,
otherwise it shall deny the petition. If the county legislative
authority finds in favor of the formation of the district, it shall
designate the name and number of the district, fix the boundaries thereof, and cause an election to be held therein for the
purpose of determining whether or not the district shall be
organized under the provisions of this chapter, and for the
purpose of electing its first cemetery district commissioners.
[Title 68 RCW—page 33]
68.52.150
Title 68 RCW: Cemeteries, Morgues, and Human Remains
At the same election three cemetery district commissioners
shall be elected, but the election of the commissioners shall
be null and void if the district is not created. No primary shall
be held for the office of cemetery district commissioner. A
special filing period shall be opened as provided in *RCW
29.15.170 and 29.15.180. Candidates shall run for specific
commissioner positions. The person receiving the greatest
number of votes for each commissioner position shall be
elected to that commissioner position. The terms of office of
the initial commissioners shall be as provided in RCW
68.52.220. [1996 c 324 § 3; 1994 c 223 § 75; 1982 c 60 § 2;
1947 c 6 § 6; Rem. Supp. 1947 § 3778-155. Formerly RCW
68.16.060.]
*Reviser’s note: RCW 29.15.170 and 29.15.180 were recodified as
RCW 29A.24.170 and 29A.24.180, respectively, pursuant to 2003 c 111 §
2401, effective July 1, 2004. RCW 29A.24.170 and 29A.24.180 were subsequently repealed by 2004 c 271 § 193. Later enactment of RCW 29A.24.170
and 29A.24.180, see RCW 29A.24.171 and 29A.24.181.
68.52.150
68.52.150 Election, how conducted—Notice. Except
as otherwise provided in this chapter, the election shall insofar as possible be called, noticed, held, conducted and canvassed in the same manner and by the same officials as provided by law for special elections in the county. For the purpose of such election county voting precincts may be
combined or divided and redefined, and the territory in the
district shall be included in one or more election precincts as
may be deemed convenient, a polling place being designated
for each such precinct. The notice of election shall state generally and briefly the purpose thereof, shall give the boundaries of the proposed district, define the election precinct or
precincts, designate the polling place for each, mention the
names of the candidates for first cemetery district commissioners, and name the day of the election and the hours during
which the polls will be open. [1947 c 6 § 7; Rem. Supp. 1947
§ 3778-156. Formerly RCW 68.16.070.]
Elections: Title 29A RCW.
68.52.155
68.52.155 Conformity with election laws—Exception—Vacancies. Cemetery district elections shall conform
with general election laws, except that there shall be no primary to nominate candidates. All persons filing and qualifying shall appear on the general election ballot and the person
receiving the largest number of votes for each position shall
be elected.
A vacancy on a board of cemetery district commissioners shall occur and shall be filled as provided in chapter 42.12
RCW. [1996 c 324 § 4; 1994 c 223 § 73.]
. . .No. . ."
[1994 c 223 § 76; 1947 c 6 § 8; Rem. Supp. 1947 § 3778-157.
Formerly RCW 68.16.080.]
68.52.170 Canvass of returns—Resolution of organization. The returns of such election shall be canvassed at the
court house on the Monday next following the day of the
election, but the canvass may be adjourned from time to time
if necessary to await the receipt of election returns which may
be unavoidably delayed. The canvassing officials, upon conclusion of the canvass, shall forthwith certify the results
thereof in writing to the board of county commissioners. If
upon examination of the certificate of the canvassing officials
it is found that two-thirds of all the votes cast at said election
were in favor of the formation of the cemetery district, the
board of county commissioners shall, by resolution entered
upon its minutes, declare such territory duly organized as a
cemetery district under the name theretofore designated and
shall declare the three candidates receiving the highest number of votes for cemetery commissioners, the duly elected
first cemetery commissioners of the district. The clerk of the
board of county commissioners shall certify a copy of the resolution and cause it to be filed for record in the offices of the
county auditor and the county assessor of the county. The
certified copy shall be entitled to record without payment of
a recording fee. If the certificate of the canvassing officials
shows that the proposition to organize the proposed cemetery
district failed to receive two-thirds of the votes cast at said
election, the board of county commissioners shall enter a
minute to that effect and all proceedings theretofore had shall
become null and void. [1947 c 6 § 9; Rem. Supp. 1947 §
3778-158. Formerly RCW 68.16.090.]
68.52.170
68.52.180 Review—Organization complete. Any person, firm or corporation having a substantial interest
involved, and feeling aggrieved by any finding, determination or resolution of the board of county commissioners
under the provisions of this chapter, may appeal within five
days after such finding, determination or resolution was made
to the superior court of the county in the same manner as provided by law for appeals from orders of said board. After the
expiration of five days from the date of the resolution declaring the district organized, and upon filing of certified copies
thereof in the offices of the county auditor and county assessor, the formation of the district shall be complete and its
legal existence shall not thereafter be questioned by any person by reason of any defect in the proceedings had for the creation thereof. [1947 c 6 § 10; Rem. Supp. 1947 § 3778-159.
Formerly RCW 68.16.100.]
68.52.180
Appeals from action of board of county commissioners: RCW 36.32.330.
68.52.160
68.52.160 Election ballot. The ballot for the election
shall be in such form as may be convenient but shall present
the propositions substantially as follows:
". . .(insert county n ame) . . . cemetery district No.
. . .(insert number). . .
. . .Yes. . .
. . .(insert coun ty name). . . cem etery distr ict No.
. . .(insert number). . .
[Title 68 RCW—page 34]
68.52.190 General powers of district. Cemetery districts created under this chapter shall be deemed to be municipal corporations within the purview of the Constitution and
laws of the state of Washington. They shall constitute bodies
corporate and possess all the usual powers of corporations for
public purposes. They shall have full authority to carry out
the objects of their creation, and to that end are empowered to
acquire, hold, lease, manage, occupy and sell real and personal property or any interest therein; to enter into and per68.52.190
(2006 Ed.)
Public Cemeteries and Morgues
form any and all necessary contracts; to appoint and employ
necessary officers, agents and employees; to contract indebtedness, to borrow money, and to issue general obligation
bonds in accordance with chapter 39.46 RCW; to levy and
enforce the collection of taxes against the lands within the
district, and to do any and all lawful acts to effectuate the purposes of this chapter. [1984 c 186 § 58; 1967 c 164 § 6; 1947
c 6 § 11; Rem. Supp. 1947 § 3778-160. Formerly RCW
68.16.110.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Tortious conduct of local governmental entities: RCW 4.96.010.
68.52.192
68.52.192 Public cemetery facilities or services—
Cooperation with public or private agencies—Joint purchasing. A cemetery district may jointly operate or provide,
cooperate to operate and provide and/or contract for a term of
not to exceed five years to provide or have provided public
cemetery facilities or services, with any other public or private agency, including out of state public agencies, which
each is separately authorized to operate or provide, under
terms mutually agreed upon by such public or private agencies. The governing body of a cemetery district may join with
any other public or private agency in buying supplies, equipment, and services collectively. [1963 c 112 § 3. Formerly
RCW 68.16.112.]
68.52.193
68.52.193 Public cemetery facilities or services—
"Public agency" defined. As used in RCW 68.52.192,
"public agency" means counties, cities and towns, special
districts, or quasi municipal corporations. [1987 c 331 § 73;
1963 c 112 § 2. Formerly RCW 68.16.113.]
68.52.195
68.52.195 Community revitalization financing—
Public improvements. In addition to other authority that a
cemetery district possesses, a cemetery district may provide
any public improvement as defined under RCW 39.89.020,
but this additional authority is limited to participating in the
financing of the public improvements as provided under
RCW 39.89.050.
This section does not limit the authority of a cemetery
district to otherwise participate in the public improvements if
that authority exists elsewhere. [2001 c 212 § 21.]
Severability—2001 c 212: See RCW 39.89.902.
68.52.200
68.52.200 Right of eminent domain. The taking and
damaging of property or rights therein by any cemetery district to carry out the purposes of its creation, are hereby
declared to be for a public use, and any such district shall
have and exercise the power of eminent domain to acquire
any property or rights therein, either inside or outside the district for the use of such district. In exercising the power of
eminent domain, a district shall proceed in the manner provided by law for the appropriation of real property or rights
therein by private corporations. It may at its option unite in a
single action proceedings to condemn property held by separate owners. Two or more condemnation suits instituted separately may also in the discretion of the court be consolidated
upon motion of any interested party into a single action. In
(2006 Ed.)
68.52.220
such cases the jury shall render separate verdicts for each
tract of land in different ownership. No finding of the jury or
decree of the court as to damages in any condemnation suit
instituted by the district shall be held or construed to destroy
the right of the district to levy and collect taxes for any and all
district purposes against the uncondemned land situated
within the district. [1947 c 6 § 12; Rem. Supp. 1947 § 3778161. Formerly RCW 68.16.120.]
Eminent domain: State Constitution Art. 1 § 16 (Amendment 9).
Eminent domain by corporations: Chapter 8.20 RCW.
68.52.210
68.52.210 Power to do cemetery business—District
boundaries may include cities and towns—Eminent
domain exception. (1) A cemetery district organized under
this chapter shall have power to acquire, establish, maintain,
manage, improve and operate cemeteries and conduct any
and all of the businesses of a cemetery as defined in this title.
A cemetery district shall constitute a cemetery authority as
defined in this title and shall have and exercise all powers
conferred thereby upon a cemetery authority and be subject to
the provisions thereof.
(2) A cemetery district may include within its boundaries
the lands embraced within the corporate limits of any incorporated city or town and in any such cases the district may
acquire any cemetery or cemeteries theretofore maintained
and operated by any such city or town and proceed to maintain, manage, improve and operate the same under the provisions hereof. In such event the governing body of the city or
town, after the transfer takes place, shall levy no cemetery
tax. The power of eminent domain heretofore conferred shall
not extend to the condemnation of existing cemeteries within
the district: PROVIDED, That no cemetery district shall
operate a cemetery within the corporate limits of any city or
town where there is a private cemetery operated for profit.
[2006 c 335 § 1; 1994 c 81 § 82; 1971 c 19 § 2; 1959 c 23 §
2; 1957 c 39 § 1; 1947 c 6 § 13; Rem. Supp. 1947 § 3778-162.
Formerly RCW 68.16.130.]
68.52.220
68.52.220 District commissioners—Compensation—
Election. The affairs of the district shall be managed by a
board of cemetery district commissioners composed of three
members. Members of the board shall receive expenses necessarily incurred in attending meetings of the board or when
otherwise engaged in district business. The board may provide, by resolution passed by the commissioners, for the payment of compensation to each of its commissioners at a rate
of up to seventy dollars for each day or portion of a day
devoted to the business of the district. However, the compensation for each commissioner must not exceed six thousand
seven hundred twenty dollars per year.
Any commissioner may waive all or any portion of his or
her compensation payable under this section as to any month
or months during his or her term of office, by a written waiver
filed with the clerk of the board. The waiver, to be effective,
must be filed any time after the commissioner’s election and
prior to the date on which the compensation would otherwise
be paid. The waiver shall specify the month or period of
months for which it is made. The board shall fix the compensation to be paid the secretary and other employees of the district. Cemetery district commissioners and candidates for
[Title 68 RCW—page 35]
68.52.250
Title 68 RCW: Cemeteries, Morgues, and Human Remains
cemetery district commissioner are exempt from the requirements of chapter 42.17 RCW.
The initial cemetery district commissioners shall assume
office immediately upon their election and qualification.
Staggering of terms of office shall be accomplished as follows: (1) The person elected receiving the greatest number of
votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of
office if the election is held in an even-numbered year; (2) the
person who is elected receiving the next greatest number of
votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of
office if the election is held in an even-numbered year; and
(3) the other person who is elected shall be elected to a twoyear term of office if the election is held in an odd-numbered
year or a one-year term of office if the election is held in an
even-numbered year. The initial commissioners shall assume
office immediately after they are elected and qualified but
their terms of office shall be calculated from the first day of
January after the election.
Thereafter, commissioners shall be elected to six-year
terms of office. Commissioners shall serve until their successors are elected and qualified and assume office as provided
in *RCW 29.04.170.
The polling places for a cemetery district election may
be located inside or outside the boundaries of the district, as
determined by the auditor of the county in which the cemetery district is located, and no such election shall be held
irregular or void on that account. [1998 c 121 § 6; 1994 c 223
§ 77; 1990 c 259 § 33; 1982 c 60 § 3; 1979 ex.s. c 126 § 40;
1947 c 6 § 14; Rem. Supp. 1947 § 3778-163. Formerly RCW
68.16.140.]
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
68.52.250
68.52.250 Special elections. Special elections submitting propositions to the registered voters of the district may
be called at any time by resolution of the cemetery commissioners in accordance with *RCW 29.13.010 and 29.13.020,
and shall be called, noticed, held, conducted and canvassed in
the same manner and by the same officials as provided for the
election to determine whether the district shall be created.
[1990 c 259 § 34; 1947 c 6 § 17; Rem. Supp. 1947 § 3778166. Formerly RCW 68.16.170.]
*Reviser’s note: RCW 29.13.010 and 29.13.020 were recodified as
RCW 29A.04.320 and 29A.04.330, respectively, pursuant to 2003 c 111 §
2401, effective July 1, 2004. RCW 29A.04.320 was subsequently repealed
by 2004 c 271 § 193. Later enactment of RCW 29A.04.320, see RCW
29A.04.321.
Qualifications of electors: RCW 29A.08.210.
68.52.260
68.52.260 Oath of commissioners. Each cemetery
commissioner, before assuming the duties of his office, shall
take and subscribe an official oath to faithfully discharge the
duties of his office, which oath shall be filed in the office of
the county auditor. [1986 c 167 § 24; 1947 c 6 § 18; Rem.
Supp. 1947 § 3778-167. Formerly RCW 68.16.180.]
Severability—1986 c 167: See note following RCW 29A.04.049.
[Title 68 RCW—page 36]
68.52.270
68.52.270 Organization of board—Secretary—
Office—Meetings—Powers. The board of cemetery district
commissioners shall organize and elect a chairman from their
number and shall appoint a secretary for such term as they
may determine. The secretary shall keep a record of proceedings of the board and perform such other duties as may be
prescribed by law or by the board, and shall also take and
subscribe an oath for the faithful discharge of his duties,
which shall be filed with the county clerk. The office of the
board of cemetery commissioners and principal place of business of the district shall be at some place in the district designated by the board. The board shall hold regular monthly
meetings at its office on such day as it may by resolution
determine and may adjourn such meetings as may be required
for the transaction of business. Special meetings of the board
may be called at any time by a majority of the commissioners
or by the secretary and the chairman of the board. Any commissioner not joining in the call of a special meeting shall be
entitled to three days written notice by mail of such meeting,
specifying generally the business to be transacted. All meetings of the board of cemetery commissioners shall be public
and a majority shall constitute a quorum. All records of the
board shall be open to the inspection of any elector of the district at any meeting of the board. The board shall adopt a seal
for the district; manage and conduct the affairs of the district;
make and execute all necessary contracts; employ any necessary service, and promulgate reasonable rules and regulations
for the government of the district and the performance of its
functions and generally perform all acts which may be necessary to carry out the purposes for which the district was
formed. [1947 c 6 § 19; Rem. Supp. 1947 § 3778-168. Formerly RCW 68.16.190.]
68.52.280
68.52.280 Duty of county treasurer—Cemetery district fund. It shall be the duty of the county treasurer of the
county in which any cemetery district is situated to receive
and disburse all district revenues and collect all taxes authorized and levied under this chapter. There is hereby created in
the office of county treasurer of each county in which a cemetery district shall be organized for the use of the district, a
cemetery district fund. All taxes levied for district purposes
when collected shall be placed by the county treasurer in the
cemetery district fund. [1947 c 6 § 20; Rem. Supp. 1947 §
3778-169. Formerly RCW 68.16.200.]
68.52.290
68.52.290 Tax levy authorized for fund. Annually,
after the county board of equalization has equalized assessments for general tax purposes, the secretary of the district
shall prepare a budget of the requirements of the cemetery
district fund, certify the same and deliver it to the board of
county commissioners in ample time for such board to levy
district taxes. At the time of making general tax levies in each
year, the board of county commissioners shall levy taxes
required for cemetery district purposes against the real and
personal property in the district in accordance with the equalized valuation thereof for general tax purposes, and as a part
of said general taxes. Such levies shall be part of the general
tax roll and be collected as a part of general taxes against the
property in the district. [1947 c 6 § 21; Rem. Supp. 1947 §
3778-170. Formerly RCW 68.16.210.]
(2006 Ed.)
Annexation and Merger of Cemetery Districts
68.52.300 Disbursement of fund. The county treasurer
shall disburse the cemetery district fund upon warrants issued
by the county auditor on vouchers approved and signed by a
majority of the board of cemetery commissioners and the secretary thereof. [1947 c 6 § 22; Rem. Supp. 1947 § 3778-171.
Formerly RCW 68.16.220.]
68.52.300
68.52.310 Limitation of indebtedness—Limitation of
tax levy. The board of cemetery commissioners shall have
no authority to contract indebtedness in any year in excess of
the aggregate amount of the currently levied taxes, which
annual tax levy for cemetery district purposes shall not
exceed eleven and one-quarter cents per thousand dollars of
assessed valuation. [1973 1st ex.s. c 195 § 77; 1947 c 6 § 23;
Rem. Supp. 1947 § 3778-172. Formerly RCW 68.16.230.]
68.52.310
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
68.52.320 Dissolution of districts. Cemetery districts
may be dissolved by a majority vote of the electors at an election called for that purpose, which shall be conducted in the
same manner as provided for special elections, and no further
district obligations shall thereafter be incurred, but such dissolution shall not abridge or cancel any of the outstanding
obligations of the district, and the board of county commissioners shall have authority to make annual levies against the
lands included within the district until the obligations of the
district are fully paid. When the obligations are fully paid,
any moneys remaining in the cemetery district fund and all
collections of unpaid district taxes shall be transferred to the
current expense fund of the county. [1947 c 6 § 24; Rem.
Supp. 1947 § 3778-173. Formerly RCW 68.16.240.]
68.52.320
Dissolution of districts: Chapter 53.48 RCW.
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
68.52.330 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
68.52.330
68.52.900 Severability—1947 c 6. If any portion of
this act shall be adjudged invalid or unconstitutional for any
reason, such adjudication shall not affect, impair or invalidate
the remaining portions of the act. [1947 c 6 § 25; no RRS.
Formerly RCW 68.16.900.]
68.52.900
68.52.901 Effective date—1987 c 331.
68.05.900.
68.52.901
Chapter 68.54
See RCW
Chapter 68.54 RCW
ANNEXATION AND MERGER OF
CEMETERY DISTRICTS
Sections
68.54.010
68.54.020
68.54.030
68.54.040
68.54.050
68.54.060
68.54.070
68.54.080
(2006 Ed.)
Annexation—Petition—Procedure.
Merger—Authorized.
Merger—Petition—Procedure—Contents.
Merger—Petition—Rejection, concurrence or modification—
Signatures.
Merger—Petition—Special election.
Merger—Petition—Election—Vote required—Merger
effected.
Merger—Petition—When election dispensed with.
Merger—Preexisting obligations.
68.54.090
68.54.100
68.54.110
68.54.120
68.54.900
68.54.020
Merger—Transfer of all property, funds, assessments.
Merger and transfer of part of one district to adjacent district—
Petition—Election—Vote.
Merger and transfer of part of one district to adjacent district—
When election dispensed with.
Merger and transfer of part of one district to adjacent district—
Preexisting indebtedness.
Effective date—1987 c 331.
68.54.010
68.54.010 Annexation—Petition—Procedure. Any
territory contiguous to a cemetery district and not within the
boundaries of a city or town other than as set forth in RCW
68.52.210 or other cemetery district may be annexed to such
cemetery district by petition of ten percent of the registered
voters residing within the territory proposed to be annexed
who voted in the last general municipal election. Such petition shall be filed with the cemetery commissioners of the
cemetery district and if the cemetery commissioners shall
concur in the petition they shall then file such petition with
the county auditor who shall within thirty days from the date
of filing such petition examine the signatures thereof and certify to the sufficiency or insufficiency thereof. After the
county auditor shall have certified to the sufficiency of the
petition, the proceedings thereafter by the county legislative
authority, and the rights and powers and duties of the county
legislative authority, petitioners and objectors and the election and canvass thereof shall be the same as in the original
proceedings to form a cemetery district: PROVIDED, That
the county legislative authority shall have authority and it
shall be its duty to determine on an equitable basis, the
amount of obligation which the territory to be annexed to the
district shall assume, if any, to place the taxpayers of the
existing district on a fair and equitable relationship with the
taxpayers of the territory to be annexed by reason of the benefits of coming into a going district previously supported by
the taxpayers of the existing district, and such obligation may
be paid to the district in yearly installments to be fixed by the
county legislative authority if within the limits as outlined in
RCW 68.52.310 and included in the annual tax levies against
the property in such annexed territory until fully paid. The
amount of the obligation and the plan of payment thereof
filed by the county legislative authority shall be set out in
general terms in the notice of election for annexation: PROVIDED, That the special election shall be held only within
the boundaries of the territory proposed to be annexed to the
cemetery district. Upon the entry of the order of the county
legislative authority incorporating such contiguous territory
within such existing cemetery district, the territory shall
become subject to the indebtedness, bonded or otherwise, of
the existing district in like manner as the territory of the district. Should such petition be signed by sixty percent of the
registered voters residing within the territory proposed to be
annexed, and should the cemetery commissioners concur
therein, an election in such territory and a hearing on such
petition shall be dispensed with and the county legislative
authority shall enter its order incorporating such territory
within the existing cemetery district. [1990 c 259 § 35; 1987
c 331 § 74; 1969 ex.s. c 78 § 1. Formerly RCW 68.18.010.]
68.54.020
68.54.020 Merger—Authorized. A cemetery district
organized under chapter 68.52 RCW may merge with another
such district lying adjacent thereto, upon such terms and conditions as they agree upon, in the manner hereinafter pro[Title 68 RCW—page 37]
68.54.030
Title 68 RCW: Cemeteries, Morgues, and Human Remains
vided. The district desiring to merge with another district
shall hereinafter be called the "merging district", and the district into which the merger is to be made shall be called the
"merger district". [1990 c 259 § 36; 1969 ex.s. c 78 § 2. Formerly RCW 68.18.020.]
thereby extended to include all the area of the merging district. Thereafter the legal existence cannot be questioned by
any person by reason of any defect in the proceedings had for
the merger. [1969 ex.s. c 78 § 6. Formerly RCW 68.18.060.]
68.54.070
68.54.030
68.54.030 Merger—Petition—Procedure—Contents.
To effect such a merger, a petition therefor shall be filed with
the board of the merger district by the commissioners of the
merging district. The commissioners of the merging district
may sign and file the petition upon their own initiative, and
they shall file such a petition when it is signed by ten percent
of the registered voters resident in the merging district who
voted in the last general municipal election and presented to
them. The petition shall state the reasons for the merger; give
a detailed statement of the district’s finances, listing its assets
and liabilities; state the terms and conditions under which the
merger is proposed; and pray for the merger. [1990 c 259 §
37; 1969 ex.s. c 78 § 3. Formerly RCW 68.18.030.]
68.54.040
68.54.040 Merger—Petition—Rejection, concurrence or modification—Signatures. The board of the
merger district may, by resolution, reject the petition, or it
may concur therein as presented, or it may modify the terms
and conditions of the proposed merger, and shall transmit the
petition, together with a copy of its resolution thereon to the
merging district. If the petition is concurred in as presented or
as modified, the board of the merging district shall forthwith
present the petition to the auditor of the county in which the
merging district is situated, who shall within thirty days
examine the signatures thereon and certify to the sufficiency
or insufficiency thereof, and for that purpose he shall have
access to all registration books and records in the possession
of the registration officers of the election precincts included,
in whole or in part, within the merging district. Such books
and records shall be prima facie evidence of truth of the certificate. No signatures may be withdrawn from the petition
after the filing. [1969 ex.s. c 78 § 4. Formerly RCW
68.18.040.]
68.54.050
68.54.050 Merger—Petition—Special election. If the
auditor finds that the petition contains the signatures of a sufficient number of qualified electors, he shall return it,
together with his certificate of sufficiency attached thereto, to
the board of the merging district. Thereupon such board shall
adopt a resolution, calling a special election in the merging
district, at which shall be submitted to the electors thereof,
the question of the merger. [1969 ex.s. c 78 § 5. Formerly
RCW 68.18.050.]
68.54.060
68.54.060 Merger—Petition—Election—Vote
required—Merger effected. The board of [the] merging
district shall notify the board of the merger district of the
results of the election. If three-fifths of the votes cast at the
election favor the merger, the respective district boards shall
adopt concurrent resolutions, declaring the districts merged,
under the name of the merger district. Thereupon the districts
are merged into one district, under the name of the merger
district; the merging district is dissolved without further proceedings; and the boundaries of the merger district are
[Title 68 RCW—page 38]
68.54.070 Merger—Petition—When election dispensed with. If three-fifths of all the qualified electors in the
merging district sign the petition to merge, no election on the
question of the merger is necessary. In such case the auditor
shall return the petition, together with his certificate of sufficiency attached thereto, to the board of the merging district.
Thereupon the boards of the respective districts shall adopt
their concurrent resolutions of merger in the same manner
and to the same effect as if the merger had been authorized by
an election. [1969 ex.s. c 78 § 7. Formerly RCW 68.18.070.]
68.54.080
68.54.080 Merger—Preexisting obligations. None of
the obligations of the merged districts or of a local improvement district therein shall be affected by the merger and dissolution, and all land liable to be assessed to pay any of such
indebtedness shall remain liable to the same extent as if the
merger had not been made, and any assessments theretofore
levied against the land shall remain unimpaired and shall be
collected in the same manner as if no merger had been made.
The commissioners of the merged district shall have all the
powers possessed at the time of the merger by the commissioners of the two districts, to levy, assess and cause to be collected all assessments against any land in both districts which
may be necessary to provide for the payment of the indebtedness thereof, and until the assessments are collected and all
indebtedness of the districts paid, separate funds shall be
maintained for each district as were maintained before the
merger: PROVIDED, That the board of the merged district
may, with the consent of the creditors of the districts merged,
cancel any or all assessments theretofore levied, in accordance with the terms and conditions of the merger, to the end
that the lands in the respective districts shall bear their fair
and proportionate share of such indebtedness. [1969 ex.s. c
78 § 8. Formerly RCW 68.18.080.]
68.54.090
68.54.090 Merger—Transfer of all property, funds,
assessments. The commissioners of the merging district
shall, forthwith upon completion of the merger, transfer, convey, and deliver to the merged district all property and funds
of the merging district, together with all interest in and right
to collect any assessments theretofore levied. [1969 ex.s. c
78 § 9. Formerly RCW 68.18.090.]
68.54.100
68.54.100 Merger and transfer of part of one district
to adjacent district—Petition—Election—Vote. A part of
one district may be transferred and merged with an adjacent
district whenever such area can be better served by the
merged district. To effect such a merger a petition, signed by
not less than fifteen percent of the qualified electors residing
in the area to be merged, shall be filed with the commissioners of the merging district. Such petition shall be promoted by
one or more qualified electors within the area to be transferred. If the commissioners of the merging district act favorably upon the petition, then the petition shall be presented to
the commissioners of the merger district. If the commission(2006 Ed.)
Penal and Miscellaneous Provisions
ers of the merger district act favorably upon the petition, an
election shall be called in the area merged.
In the event that either board of cemetery commissioners
should not concur with the petition, the petition may then be
presented to a county review board established for such purposes, if there be no county review board for such purposes
then to the state review board and if there be no state review
board, then to the county commissioners of the county in
which the area to be merged is situated, who shall decide if
the area can be better served by such a merger; upon an affirmative decision an election shall be called in the area merged.
A majority of the votes cast shall be necessary to
approve the transfer. [1969 ex.s. c 78 § 10. Formerly RCW
68.18.100.]
68.54.110
68.54.110 Merger and transfer of part of one district
to adjacent district—When election dispensed with. If
three-fifths of all the qualified electors in the area to be
merged sign a petition to merge the districts, no election on
the question of the merger is necessary, in which case the
auditor shall return the petition, together with his certificate
of sufficiency attached thereto, to the boards of the merging
districts. Thereupon the boards of the respective districts
shall adopt their concurrent resolutions of transfer in the
same manner and to the same effect as if the same had been
authorized by an election. [1969 ex.s. c 78 § 11. Formerly
RCW 68.18.110.]
68.54.120
68.54.120 Merger and transfer of part of one district
to adjacent district—Preexisting indebtedness. When a
part of one cemetery district is transferred to another as provided by RCW 68.54.100 and 68.54.110, said part shall be
relieved of all liability for any indebtedness of the district
from which it is withdrawn. However, the acquiring district
shall pay to the losing district that portion of the latter’s
indebtedness for which the transferred part was liable. This
amount shall not exceed the proportion that the assessed valuation of the transferred part bears to the assessed valuation
of the whole district from which said part is withdrawn. The
adjustment of such indebtedness shall be based on the assessment for the year in which the transfer is made. The boards of
commissioners of the districts involved in the said transfer
and merger shall enter into a contract for the payment by the
acquiring district of the above-referred to indebtedness under
such terms as they deem proper, provided such contract shall
not impair the security of existing creditors. [1987 c 331 §
75; 1969 ex.s. c 78 § 12. Formerly RCW 68.18.120.]
68.54.900
68.54.900 Effective date—1987 c 331.
68.05.900.
Chapter 68.56 RCW
PENAL AND MISCELLANEOUS PROVISIONS
Sections
68.56.020
68.56.030
68.56.040
(2006 Ed.)
Defendant liable for costs.
Police authority—Who may exercise.
Forfeiture of office for inattention to duty.
Effective date—1987 c 331.
Burial, removal permits required: RCW 70.58.230.
Care of veterans’ plot at Olympia: RCW 73.24.020.
68.56.010 Unlawful damage to graves, markers,
shrubs, etc.—Interfering with funeral. Every person is
guilty of a gross misdemeanor who unlawfully or without
right wilfully does any of the following:
(1) Destroys, cuts, mutilates, effaces, or otherwise
injures, tears down or removes, any tomb, plot, monument,
memorial or marker in a cemetery, or any gate, door, fence,
wall, post or railing, or any enclosure for the protection of a
cemetery or any property in a cemetery.
(2) Destroys, cuts, breaks, removes or injures any building, statuary, ornamentation, tree, shrub, flower or plant
within the limits of a cemetery.
(3) Disturbs, obstructs, detains or interferes with any person carrying or accompanying human remains to a cemetery
or funeral establishment, or engaged in a funeral service, or
an interment. [1943 c 247 § 36; Rem. Supp. 1943 § 3778-36.
Cf. 1909 c 249 § 240 and 1856-57 p 28 §§ 4, 5. Formerly
RCW 68.48.010.]
68.56.010
68.56.020 Unlawful damage to graves, markers,
shrubs, etc.—Civil liability for damage. Any person violating any provision of *RCW 68.48.010 is liable, in a civil
action by and in the name of the cemetery authority, to pay all
damages occasioned by his unlawful acts. The sum recovered
shall be applied in payment for the repair and restoration of
the property injured or destroyed. [1943 c 247 § 37; Rem.
Supp. 1943 § 3778-37. Formerly RCW 68.48.020.]
68.56.020
*Reviser’s note: RCW 68.48.010 was recodified as RCW 68.56.010
pursuant to 1987 c 331 § 89.
68.56.030 Unlawful damage to graves, markers,
shrubs, etc.—Exceptions. The provisions of *RCW
68.48.010 do not apply to the removal or unavoidable breakage or injury, by a cemetery authority, of any thing placed in
or upon any portion of its cemetery in violation of any of the
rules or regulations of the cemetery authority, nor to the
removal of anything placed in the cemetery by or with the
consent of the cemetery authority which has become in a
wrecked, unsightly or dilapidated condition. [1943 c 247 §
37; Rem. Supp. 1943 § 3778-37. Formerly RCW 68.48.030.]
68.56.030
*Reviser’s note: RCW 68.48.010 was recodified as RCW 68.56.010
pursuant to 1987 c 331 § 89.
See RCW
Chapter 68.56
68.56.010
68.56.050
68.56.060
68.56.070
68.56.900
68.56.040
Unlawful damage to graves, markers, shrubs, etc.—Interfering
with funeral.
Unlawful damage to graves, markers, shrubs, etc.—Civil liability for damage.
Unlawful damage to graves, markers, shrubs, etc.—Exceptions.
Nonconforming cemetery a nuisance—Penalty.
68.56.040 Nonconforming cemetery a nuisance—
Penalty. Every person, firm, or corporation who is the owner
or operator of a cemetery established in violation of *this act
is guilty of maintaining a public nuisance, which is a gross
misdemeanor. [2005 c 365 § 149; 2003 c 53 § 313; 1943 c
247 § 145; Rem. Supp. 1943 § 3778-145. Formerly RCW
68.48.040.]
68.56.040
*Reviser’s note: For "this act," see note following RCW 68.04.020.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Section applies to certain mausoleums, columbariums, etc.: RCW
68.28.010.
[Title 68 RCW—page 39]
68.56.050
Title 68 RCW: Cemeteries, Morgues, and Human Remains
68.56.050
68.56.050 Defendant liable for costs. Every person
who violates any provision of *this act is guilty of a misdemeanor, and in addition is liable for all costs, expenses, and
disbursements paid or incurred by a person prosecuting the
case. [1943 c 247 § 139; Rem. Supp. 1943 § 3778-139. Formerly RCW 68.48.060.]
*Reviser’s note: For "this act," see note following RCW 68.04.020.
Costs, etc., to be fixed by court having jurisdiction: RCW 68.28.065.
Section applies to certain mausoleums, columbariums, etc.: RCW
68.28.010.
68.56.060
68.56.060 Police authority—Who may exercise. The
sexton, superintendent or other person in charge of a cemetery, and such other persons as the cemetery authority designates have the authority of a police officer for the purpose of
maintaining order, enforcing the rules and regulations of the
cemetery association, the laws of the state, and the ordinances of the city or county, within the cemetery over which
he has charge, and within such radius as may be necessary to
protect the cemetery property. [1943 c 247 § 55; Rem. Supp.
1943 § 3778-55. Formerly RCW 68.48.080.]
68.56.070
68.56.070 Forfeiture of office for inattention to duty.
The office of any director or officer who acts or permits
action contrary to *this act immediately thereupon becomes
vacant. [1943 c 247 § 132; Rem. Supp. 1943 § 3778-132.
Formerly RCW 68.48.090.]
*Reviser’s note: For "this act," see note following RCW 68.04.020.
68.56.900
68.56.900 Effective date—1987 c 331.
68.05.900.
See RCW
Chapter 68.60 RCW
ABANDONED AND HISTORIC CEMETERIES AND
HISTORIC GRAVES
Chapter 68.60
Sections
68.60.010
68.60.020
68.60.030
68.60.040
68.60.050
68.60.060
Definitions.
Dedication.
Preservation and maintenance corporations—Authorization of
other corporations to restore, maintain, and protect abandoned cemeteries.
Protection of cemeteries—Penalties.
Protection of historic graves—Penalty.
Violations—Civil liability.
68.60.010
68.60.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Abandoned cemetery" means a burial ground of the
human dead in [for] which the county assessor can find no
record of an owner; or where the last known owner is
deceased and lawful conveyance of the title has not been
made; or in which a cemetery company, cemetery association, corporation, or other organization formed for the purposes of burying the human dead has either disbanded, been
administratively dissolved by the secretary of state, or otherwise ceased to exist, and for which title has not been conveyed.
(2) "Historical cemetery" means any burial site or
grounds which contain within them human remains buried
prior to November 11, 1889; except that (a) cemeteries hold[Title 68 RCW—page 40]
ing a valid certificate of authority to operate granted under
RCW 68.05.115 and 68.05.215, (b) cemeteries owned or
operated by any recognized religious denomination that qualifies for an exemption from real estate taxation under RCW
84.36.020 on any of its churches or the ground upon which
any of its churches are or will be built, and (c) cemeteries
controlled or operated by a coroner, county, city, town, or
cemetery district shall not be considered historical cemeteries.
(3) "Historic grave" means a grave or graves that were
placed outside a cemetery dedicated pursuant to this chapter
and to chapter 68.24 RCW, prior to June 7, 1990, except
Indian graves and burial cairns protected under chapter 27.44
RCW.
(4) "Cemetery" has the meaning provided in RCW
68.04.040(2). [1990 c 92 § 1.]
68.60.020
68.60.020 Dedication. Any cemetery, abandoned cemetery, historical cemetery, or historic grave that has not been
dedicated pursuant to RCW 68.24.030 and 68.24.040 shall be
considered permanently dedicated and subject to RCW
68.24.070. Removal of dedication may only be made pursuant to RCW 68.24.090 and 68.24.100. [1999 c 367 § 3; 1990
c 92 § 2.]
68.60.030
68.60.030 Preservation and maintenance corporations—Authorization of other corporations to restore,
maintain, and protect abandoned cemeteries. (1)(a) The
archaeological and historical division of the department of
community, trade, and economic development may grant by
nontransferable certificate authority to maintain and protect
an abandoned cemetery upon application made by a preservation organization which has been incorporated for the purpose of restoring, maintaining, and protecting an abandoned
cemetery. Such authority shall be limited to the care, maintenance, restoration, protection, and historical preservation of
the abandoned cemetery, and shall not include authority to
make burials. In order to activate a historical cemetery for
burials, an applicant must apply for a certificate of authority
to operate a cemetery from the state cemetery board.
(b) Those preservation and maintenance corporations
that are granted authority to maintain and protect an abandoned cemetery shall be entitled to hold and possess burial
records, maps, and other historical documents as may exist.
Maintenance and preservation corporations that are granted
authority to maintain and protect an abandoned cemetery
shall not be liable to those claiming burial rights, ancestral
ownership, or to any other person or organization alleging to
have control by any form of conveyance not previously
recorded at the county auditor’s office within the county in
which the abandoned cemetery exists. Such organizations
shall not be liable for any reasonable alterations made during
restoration work on memorials, roadways, walkways, features, plantings, or any other detail of the abandoned cemetery.
(c) Should the maintenance and preservation corporation
be dissolved, the archaeological and historical division of the
department of community, trade, and economic development
shall revoke the certificate of authority.
(2006 Ed.)
Abandoned and Historic Cemeteries and Historic Graves
(d) Maintenance and preservation corporations that are
granted authority to maintain and protect an abandoned cemetery may establish care funds.
(2) Except as provided in subsection (1) of this section,
the department of community, trade, and economic development may, in its sole discretion, authorize any Washington
nonprofit corporation that is not expressly incorporated for
the purpose of restoring, maintaining, and protecting an abandoned cemetery, to restore, maintain, and protect one or more
abandoned cemeteries. The authorization may include the
right of access to any burial records, maps, and other historical documents, but shall not include the right to be the permanent custodian of original records, maps, or documents. This
authorization shall be granted by a nontransferable certificate
of authority. Any nonprofit corporation authorized and acting under this subsection is immune from liability to the same
extent as if it were a preservation organization holding a certificate of authority under subsection (1) of this section.
(3) The department of community, trade, and economic
development shall establish standards and guidelines for
granting certificates of authority under subsections (1) and
(2) of this section to assure that any restoration, maintenance,
and protection activities authorized under this subsection are
conducted and supervised in an appropriate manner. [2005 c
365 § 150; 1995 c 399 § 168; 1993 c 67 § 1; 1990 c 92 § 3.]
68.60.060
(2) This section does not apply to actions taken in the
performance of official law enforcement duties.
(3) It shall be a complete defense in a prosecution under
subsection (1) of this section if the defendant can prove by a
preponderance of evidence that the alleged acts were accidental or inadvertent and that reasonable efforts were made to
preserve the remains accidentally disturbed or discovered,
and that the accidental discovery or disturbance was properly
reported. [1999 c 67 § 1; 1989 c 44 § 5. Formerly RCW
68.05.420.]
*Reviser’s note: Powers, duties, and functions of the office of archaeology and historic preservation were transferred to the department of archaeology and historic preservation pursuant to 2005 c 333 § 12.
Intent—1989 c 44: See RCW 27.44.030.
Captions not law—Liberal construction—1989 c 44: See RCW
27.44.900 and 27.44.901.
68.60.060 Violations—Civil liability. Any person who
violates any provision of this chapter is liable in a civil action
by and in the name of the state cemetery board to pay all damages occasioned by their unlawful acts. The sum recovered
shall be applied in payment for the repair and restoration of
the property injured or destroyed and to the care fund if one
is established. [1990 c 92 § 5.]
68.60.060
68.60.040
68.60.040 Protection of cemeteries—Penalties. (1)
Every person who in a cemetery unlawfully or without right
willfully destroys, cuts, mutilates, effaces, or otherwise
injures, tears down or removes, any tomb, plot, monument,
memorial, or marker in a cemetery, or any gate, door, fence,
wall, post, or railing, or any enclosure for the protection of a
cemetery or any property in a cemetery is guilty of a class C
felony punishable under chapter 9A.20 RCW.
(2) Every person who in a cemetery unlawfully or without right willfully destroys, cuts, breaks, removes, or injures
any building, statuary, ornamentation, tree, shrub, flower, or
plant within the limits of a cemetery is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(3) Every person who in a cemetery unlawfully or without right willfully opens a grave; removes personal effects of
the decedent; removes all or portions of human remains;
removes or damages caskets, surrounds, outer burial containers, or any other device used in making the original burial;
transports unlawfully removed human remains from the cemetery; or knowingly receives unlawfully removed human
remains from the cemetery is guilty of a class C felony punishable under chapter 9A.20 RCW. [1990 c 92 § 4.]
68.60.050
68.60.050 Protection of historic graves—Penalty. (1)
Any person who knowingly removes, mutilates, defaces,
injures, or destroys any historic grave shall be guilty of a
class C felony punishable under chapter 9A.20 RCW. Persons disturbing historic graves through inadvertence, including disturbance through construction, shall reinter the human
remains under the supervision of the *office of archaeology
and historic preservation. Expenses to reinter such human
remains are to be provided by the *office of archaeology and
historic preservation to the extent that funds for this purpose
are appropriated by the legislature.
(2006 Ed.)
[Title 68 RCW—page 41]
Title 69
Title 69
FOOD, DRUGS, COSMETICS, AND POISONS
Chapters
69.04
Intrastate commerce in food, drugs, and cosmetics.
69.06
Food and beverage establishment workers’
permits.
69.07
Washington food processing act.
69.10
Food storage warehouses.
69.25
Washington wholesome eggs and egg products
act.
69.28
Honey.
69.30
Sanitary control of shellfish.
69.36
Washington caustic poison act of 1929.
69.38
Poisons—Sales and manufacturing.
69.40
Poisons and dangerous drugs.
69.41
Legend drugs—Prescription drugs.
69.43
Precursor drugs.
69.45
Drug samples.
69.50
Uniform controlled substances act.
69.51
Controlled substances therapeutic research
act.
69.51A
Medical marijuana.
69.52
Imitation controlled substances.
69.53
Use of buildings for unlawful drugs.
69.55
Ammonia.
69.60
Over-the-counter medications.
69.80
Food donation and distribution—Liability.
69.90
Kosher food products.
Board of health and bureau of vital statistics authorized: State Constitution
Art. 20 § 1.
Board of pharmacy: Chapter 18.64 RCW.
Controlled atmosphere storage of fruits and vegetables: Chapter 15.30
RCW.
Food lockers: Chapter 19.32 RCW.
Hazardous substances (poison prevention): Chapter 70.106 RCW.
Horse meat: RCW 16.68.140.
Hotel and restaurant safety regulations: Chapter 70.62 RCW.
Inhaling toxic fumes: Chapter 9.47A RCW.
Milk and milk products for animal food: Chapter 15.37 RCW.
Poison information centers: Chapter 18.76 RCW.
Preparations, patent medicines containing alcohol: Chapter 66.12 RCW.
Regulation of sale of drugs and medicines authorized: State Constitution
Art. 20 § 2.
Unlawful to refill trademarked containers: RCW 19.76.110.
Chapter 69.04 RCW
INTRASTATE COMMERCE IN FOOD, DRUGS,
AND COSMETICS
Chapter 69.04
(Formerly: Food, drug, and cosmetic act)
Sections
69.04.001
69.04.002
69.04.003
69.04.004
69.04.005
69.04.006
69.04.007
(2006 Ed.)
Statement of purpose.
Introductory.
"Federal act" defined.
"Intrastate commerce."
"Sale."
"Director."
"Person."
69.04.008
69.04.009
69.04.010
69.04.011
69.04.012
69.04.013
69.04.014
69.04.015
69.04.016
69.04.017
69.04.018
69.04.019
69.04.020
69.04.021
69.04.022
69.04.023
69.04.024
69.04.025
69.04.040
69.04.050
69.04.060
69.04.070
69.04.080
69.04.090
69.04.100
69.04.110
69.04.120
69.04.123
69.04.130
69.04.140
69.04.150
69.04.160
69.04.170
69.04.180
69.04.190
69.04.200
69.04.205
69.04.206
69.04.207
69.04.210
69.04.220
69.04.231
69.04.240
69.04.245
69.04.250
69.04.260
69.04.270
69.04.280
69.04.290
69.04.300
69.04.310
69.04.315
69.04.320
69.04.330
69.04.331
69.04.333
69.04.334
69.04.335
69.04.340
69.04.350
69.04.360
69.04.370
69.04.380
69.04.390
"Food."
"Drugs."
"Device."
"Cosmetic."
"Official compendium."
"Label."
"Immediate container."
"Labeling."
"Misleading labeling or advertisement," how determined.
"Antiseptic" as germicide.
"New drug" defined.
"Advertisement."
"Contaminated with filth."
"Package."
"Pesticide chemical."
"Raw agricultural commodity."
"Food additive," "safe."
"Color additive," "color."
Prohibited acts.
Remedy by injunction.
Criminal penalty for violations.
Additional penalty.
Avoidance of penalty.
Liability of disseminator of advertisement.
Condemnation of adulterated or misbranded article.
Embargo of articles.
Procedure on embargo.
Exception to petition requirement under RCW 69.04.120.
Petitions may be consolidated.
Claimant entitled to sample.
Damages not recoverable if probable cause existed.
Prosecutions.
Minor infractions.
Proceedings to be in name of state.
Standards may be prescribed by regulations.
Conformance with federal standards.
Bacon—Packaging at retail to reveal quality and leanness.
Bacon—Rules, regulations and standards—Withholding packaging use—Hearing—Final determination—Appeal.
Bacon—Effective date.
Food—Adulteration by poisonous or deleterious substance.
Food—Adulteration by abstraction, addition, substitution, etc.
Food—Adulteration by color additive.
Confectionery—Adulteration.
Poultry—Improper use of state’s geographic outline.
Food—Misbranding by false label, etc.
Packaged food—Misbranding.
Food—Misbranding by lack of prominent label.
Food—Misbranding for nonconformity with standard of identity.
Food—Misbranding for nonconformity with standard of quality.
Food—Misbranding for nonconformity with standard of fill.
Food—Misbranding by failure to show usual name and ingredients.
Halibut—Misbranding by failure to show proper name.
Food—Misbranding by failure to show dietary properties.
Food—Misbranding by failure to show artificial flavoring,
coloring, etc.
Popcorn sold by theaters or commercial food service establishments—Misbranded if the use of butter or ingredients of butter-like flavoring not disclosed.
Poultry and poultry products—Label to indicate if product frozen.
Turkeys—Label requirement as to grading.
RCW 69.04.333 and 69.04.334 subject to enforcement and
penalty provisions of chapter.
Natural vitamin, mineral, or dietary properties need not be
shown.
Permits to manufacture or process certain foods.
Suspension of permit.
Right of access for inspection.
Food exempt if in transit for completion purposes.
Regulations permitting tolerance of harmful matter.
[Title 69 RCW—page 1]
69.04.001
69.04.392
69.04.394
69.04.396
69.04.398
69.04.399
69.04.400
69.04.410
69.04.420
69.04.430
69.04.440
69.04.450
69.04.460
69.04.470
69.04.480
69.04.490
69.04.500
69.04.510
69.04.520
69.04.530
69.04.540
69.04.550
69.04.560
69.04.565
69.04.570
69.04.580
69.04.590
69.04.600
69.04.610
69.04.620
69.04.630
69.04.640
69.04.650
69.04.660
69.04.670
69.04.680
69.04.690
69.04.700
69.04.710
69.04.720
69.04.730
69.04.740
69.04.750
69.04.761
69.04.770
69.04.780
69.04.790
69.04.800
69.04.810
69.04.820
69.04.830
69.04.840
69.04.845
69.04.850
69.04.860
69.04.870
69.04.880
69.04.900
69.04.905
69.04.910
69.04.915
69.04.920
69.04.928
69.04.930
69.04.932
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
Regulations permitting tolerance of harmful matter—Pesticide
chemicals in or on raw agricultural commodities.
Regulations permitting tolerance of harmful matter—Food
additives.
Regulations permitting tolerance of harmful matter—Color
additives.
Purpose of RCW 69.04.110, 69.04.392, 69.04.394,
69.04.396—Uniformity with federal laws and regulations—
Application to production of kosher food products—Adoption of rules.
Civil penalty for violations of standards for component parts of
fluid dairy products adopted under RCW 69.04.398.
Conformance with federal regulations.
Drugs—Adulteration by harmful substances.
Drugs—Adulteration for failure to comply with compendium
standard.
Drugs—Adulteration for lack of represented purity or quality.
Drugs—Adulteration by admixture or substitution of ingredients.
Drugs—Misbranding by false labeling.
Packaged drugs—Misbranding.
Drugs—Misbranding by lack of prominent label.
Drugs—Misbranding for failure to state content of habit forming drug.
Drugs—Misbranding by failure to show usual name and ingredients.
Drugs—Misbranding by failure to give directions for use and
warnings.
Drugs—Misbranding for improper packaging and labeling.
Drugs—Misbranding for failure to show possibility of deterioration.
Drugs—Misbranding by misleading representation.
Drugs—Misbranding by sale without prescription of drug
requiring it.
Drugs exempt if in transit for completion purposes.
Dispensing of certain drugs exempt.
DMSO (dimethyl sulfoxide) authorized.
Introduction of new drug.
Application for introduction.
Effective date of application.
Denial of application.
Revocation of denial.
Service of order of denial.
Drug for investigational use exempt.
Court review of denial.
Dispensing of certain drugs exempt.
Federally licensed drugs exempt.
Cosmetics—Adulteration by injurious substances.
Cosmetics—Misbranding by false label, etc.
Cosmetics—Misbranding by lack of prominent label.
Cosmetics exempt if in transit for completion purposes.
Advertisement, when deemed false.
Advertising of cure of certain diseases deemed false.
Enforcement, where vested—Regulations.
Regulations to conform with federal regulations.
Hearings.
Hearing on proposed regulation—Procedure.
Review on petition prior to effective date.
Investigations—Samples—Right of entry—Verified statements.
Owner may obtain part of sample.
Access to records of other agencies.
Access to records of intrastate carriers.
Right of entry to factories, warehouses, vehicles, etc.
Publication of reports of judgments, orders and decrees.
Dissemination of information.
Severability—1945 c 257.
Construction—1945 c 257.
Effective date of chapter—1945 c 257.
Short title.
Civil penalty.
Perishable packaged food—Pull date labeling—Definitions.
Perishable packaged food—Pull date labeling—Required.
Perishable packaged food—Pull date labeling—Selling or
trading goods beyond pull date—Repackaging to substitute
for original date—Exception.
Perishable packaged food—Pull date labeling—Storage—
Rules and regulations.
Perishable packaged food—Pull date labeling—Penalties.
Seafood labeling requirements—Pamphlet—Direct retail
endorsement.
Frozen fish and meat—Labeling requirements—Exceptions.
Salmon labeling—Definitions.
[Title 69 RCW—page 2]
69.04.933
69.04.934
69.04.935
69.04.940
69.04.950
69.04.955
69.04.960
69.04.965
69.04.970
69.04.975
69.04.980
Salmon labeling—Identification of species—Exceptions—
Penalty.
Salmon labeling—Identification as farm-raised or commercially caught—Exceptions—Penalty.
Salmon labeling—Rules for identification and enforcement.
Imported lamb products—Labeling requirements.
Transport of bulk foods—Definitions.
Transport of bulk foods—Prohibitions—Exemption.
Transport of bulk foods—Compatible substances—Cleaning
vehicle or vessel—Vehicle or vessel marking.
Transport of bulk foods—Transports not constituting violations.
Transport of bulk foods—Substances rendering vehicle or vessel permanently unsuitable for bulk food transport—Procedures to rehabilitate vehicles and vessels.
Transport of bulk foods—Rehabilitation of vehicles and vessels—Inspection—Certification—Marking—Costs.
Transport of bulk foods—Penalties.
Chapter 69.07 RCW does not impair authority of director or department
under this chapter: RCW 69.07.160.
Dairies and dairy products: Chapter 15.36 RCW.
Food processing inspection account: RCW 69.07.120.
Patent medicine peddlers: Chapter 18.64 RCW.
69.04.001
69.04.001 Statement of purpose. This chapter is
intended to enact state legislation (1) which safeguards the
public health and promotes the public welfare by protecting
the consuming public from (a) potential injury by product
use; (b) products that are adulterated; or (c) products that
have been produced under unsanitary conditions, and the purchasing public from injury by merchandising deceit flowing
from intrastate commerce in food, drugs, devices, and cosmetics; and (2) which is uniform, as provided in this chapter,
with the federal food, drug, and cosmetic act; and with the
federal trade commission act, to the extent it expressly outlaws the false advertisement of food, drugs, devices, and cosmetics; and (3) which thus promotes uniformity of such law
and its administration and enforcement, in and throughout the
United States. [1991 c 162 § 1; 1945 c 257 § 2; Rem. Supp.
1945 § 6163-51.]
Conformity with federal regulations: RCW 69.04.190 and 69.04.200.
69.04.002
69.04.002 Introductory. For the purposes of this chapter, terms shall apply as herein defined unless the context
clearly indicates otherwise. [1945 c 257 § 3; Rem. Supp.
1945 § 6163-52.]
69.04.003
69.04.003 "Federal act" defined. The term "federal
act" means the federal food, drug, and cosmetic act, approved
on June 25, 1938. (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040
et seq.) [1945 c 257 § 4; Rem. Supp. 1945 § 6163-53.]
69.04.004
69.04.004 "Intrastate commerce." The term "intrastate commerce" means any and all commerce within the state
of Washington and subject to the jurisdiction thereof; and
includes the operation of any business or service establishment. [1945 c 257 § 5; Rem. Supp. 1945 § 6163-54.]
69.04.005
69.04.005 "Sale." The term "sale" means any and
every sale and includes (1) manufacture, processing, packing,
canning, bottling, or any other production, preparation, or
putting up; (2) exposure, offer, or any other proffer; (3) holding, storing, or any other possessing; (4) dispensing, giving,
delivering, serving, or any other supplying; and (5) applying,
(2006 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
administering, or any other using. [1945 c 257 § 6; Rem.
Supp. 1945 § 6163-55.]
69.04.006
69.04.006 "Director." The term "director" means the
director of the department of agriculture of the state of Washington and his duly authorized representatives. [1945 c 257 §
7; Rem. Supp. 1945 § 6163-56.]
Director of agriculture, general duties: Chapter 43.23 RCW.
69.04.007
69.04.007 "Person." The term "person" includes individual, partnership, corporation, and association. [1945 c
257 § 8; Rem. Supp. 1945 § 6163-57.]
69.04.008
69.04.008 "Food." The term "food" means (1) articles
used for food or drink for people or other animals, (2) bottled
water, (3) chewing gum, and (4) articles used for components
of any such article. [1992 c 34 § 2; 1945 c 257 § 9; Rem.
Supp. 1945 § 6163-58.]
Severability—1992 c 34: See note following RCW 69.07.170.
69.04.009
69.04.009 "Drugs." The term "drug" means (1) articles
recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;
and (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other
animals; and (3) articles (other than food) intended to affect
the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any
article specified in clause (1), (2), or (3); but does not include
devices or their components, parts, or accessories. [1945 c
257 § 10; Rem. Supp. 1945 § 6163-59. Prior: 1907 c 211 §
2.]
69.04.010
69.04.010 "Device." The term "device" (except when
used in RCW 69.04.016 and in RCW 69.04.040(10),
69.04.270, 69.04.690, and in RCW 69.04.470 as used in the
sentence "(as compared with other words, statements,
designs, or devices, in the labeling)") means instruments,
apparatus, and contrivances, including their components,
parts and accessories, intended (1) for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in man or
other animals; or (2) to affect the structure or any function of
the body of man or other animals. [1945 c 257 § 11; Rem.
Supp. 1945 § 6163-60.]
69.04.011
69.04.011 "Cosmetic." The term "cosmetic" means (1)
articles intended to be rubbed, poured, sprinkled, or sprayed
on, introduced into, or otherwise applied to the human body
or any part thereof for cleansing, beautifying, promoting
attractiveness, or altering the appearance, and (2) articles
intended for use as a component of any such article; except
that such term shall not include soap. [1945 c 257 § 12; Rem.
Supp. 1945 § 6163-61.]
69.04.012
69.04.012 "Official compendium." The term "official
compendium" mean the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United
States, official national formulary, or any supplement to any
of them. [1945 c 257 § 13; Rem. Supp. 1945 § 6163-62.]
(2006 Ed.)
69.04.018
69.04.013
69.04.013 "Label." The term "label" means a display
of written, printed, or graphic matter upon the immediate
container of any article; and a requirement made by or under
authority of this chapter that any word, statement, or other
information appear on the label shall not be considered to be
complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any
there be, of the retail package of such article, or is easily legible through the outside container or wrapper. [1945 c 257 §
14; Rem. Supp. 1945 § 6163-63.]
69.04.014
69.04.014 "Immediate container." The term "immediate container" does not include package liners. [1945 c 257
§ 15; Rem. Supp. 1945 § 6163-64.]
69.04.015
69.04.015 "Labeling." The term "labeling" means all
labels and other written, printed, or graphic matter (1) upon
any article or any of its containers or wrappers, or (2) accompanying such article. [1945 c 257 § 16; Rem. Supp. 1945 §
6163-65.]
Crimes relating to labeling: Chapter 9.16 RCW, RCW 69.40.055.
69.04.016
69.04.016 "Misleading labeling or advertisement,"
how determined. If any article is alleged to be misbranded
because the labeling is misleading, or if an advertisement is
alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading there
shall be taken into account (among other things) not only representations made or suggested by statement, word, design,
device, sound, or any combination thereof, but also the extent
to which the labeling or advertisement fails to reveal facts
material in the light of such representations or material with
respect to consequences which may result from the use of the
article to which the labeling or advertisement relates under
the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary
or usual. [1945 c 257 § 17; Rem. Supp. 1945 § 6163-66.]
Crimes relating to advertising: Chapter 9.04 RCW.
69.04.017
69.04.017 "Antiseptic" as germicide. The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing,
ointment, dusting powder, or such other use as involves prolonged contact with the body. [1945 c 257 § 18; Rem. Supp.
1945 § 6163-67.]
69.04.018
69.04.018 "New drug" defined. The term "new drug"
means (1) any drug the composition of which is such that
such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the
safety of drugs, as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof;
or (2) any drug the composition of which is such that such
drug, as a result of investigations to determine its safety for
use under such conditions, has become so recognized, but
which has not, otherwise than in such investigations, been
used to a material extent or for a material time under such
conditions: PROVIDED, That no drug in use on the *effec[Title 69 RCW—page 3]
69.04.019
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
tive date of this chapter shall be regarded as a new drug.
[1945 c 257 § 19; Rem. Supp. 1945 § 6163-68.]
*Effective date—1945 c 257: See RCW 69.04.860.
69.04.019
69.04.019 "Advertisement." The term "advertisement" means all representations, other than by labeling, for
the purpose of inducing, or which are likely to induce,
directly or indirectly, the purchase of food, drugs, devices, or
cosmetics. [1945 c 257 § 20; Rem. Supp. 1945 § 6163-69.]
69.04.020
69.04.020 "Contaminated with filth." The term "contaminated with filth" applies to any food, drug, device, or
cosmetic not securely protected from dust, dirt, and as far as
may be necessary by all reasonable means, from all foreign or
injurious contaminations. [1945 c 257 § 21; Rem. Supp.
1945 § 6163-70.]
artifice, or extracted, isolated, or otherwise derived, with or
without intermediate or final change of identity, from a vegetable, animal, mineral, or other source, and (b) when added or
applied to a food is capable (alone or through reaction with
other substance) of imparting color thereto; except that such
term does not include any material which the director, by regulation, determines is used (or intended to be used) solely for
a purpose or purposes other than coloring.
(2) The term "color" includes black, white, and intermediate grays.
(3) Nothing in subsection (1) hereof shall be construed to
apply to any pesticide chemical, soil or plant nutrient, or
other agricultural chemical solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly,
the growth or other natural physiological processes of produce of the soil and thereby affecting its color, whether
before or after harvest. [1963 c 198 § 12.]
69.04.021
69.04.021 "Package." The word "package" shall
include, and be construed to include, wrapped meats enclosed
in papers or other materials as prepared by the manufacturers
thereof for sale. [1963 c 198 § 8.]
69.04.022
69.04.022 "Pesticide chemical." The term "pesticide
chemical" means any substance defined as an economic poison and/or agricultural pesticide in Title 15 RCW as now
enacted or hereafter amended. [1963 c 198 § 9.]
69.04.023
69.04.023 "Raw agricultural commodity." The term
"raw agricultural commodity" means any food in its raw or
natural state, including all fruits that are washed, colored or
otherwise treated in their unpeeled natural form prior to marketing. [1963 c 198 § 10.]
69.04.024
69.04.024 "Food additive," "safe." (1) The term
"food additive" means any substance the intended use of
which results or may reasonably be expected to result,
directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any
substance intended for use in producing, manufacturing,
packing, processing, preparing, treating, packaging, transporting, or holding food; and including any source of radiation intended for any such use), if such substance generally is
recognized, among experts qualified by scientific training
and experience to evaluate its safety, as having been adequately shown through scientific procedures (or, in the case
of a substance used in food prior to January 1, 1958; through
either scientific procedures or experience based on common
use in food) to be unsafe under the conditions of its intended
use; except that such term does not include; (a) a pesticide
chemical in or on a raw agricultural commodity; or (b) a pesticide chemical to the extent that it is intended for use or is
used in the production, storage, or transportation of any raw
agricultural commodity; or (c) a color additive.
(2) The term "safe" as used in the food additive definition has reference to the health of man or animal. [1963 c 198
§ 11.]
69.04.025
69.04.025 "Color additive," "color." (1) The term
"color additive" means a material which (a) is a dye, pigment,
or other substance made by a process of synthesis or similar
[Title 69 RCW—page 4]
69.04.040 Prohibited acts. The following acts and the
causing thereof are hereby prohibited:
(1) The sale in intrastate commerce of any food, drug,
device, or cosmetic that is adulterated or misbranded.
(2) The adulteration or misbranding of any food, drug,
device, or cosmetic in intrastate commerce.
(3) The receipt in intrastate commerce of any food, drug,
device, or cosmetic that is adulterated or misbranded, and the
sale thereof in such commerce for pay or otherwise.
(4) The introduction or delivery for introduction into
intrastate commerce of (a) any food in violation of RCW
69.04.350; or (b) any new drug in violation of RCW
69.04.570.
(5) The dissemination within this state, in any manner or
by any means or through any medium, of any false advertisement.
(6) The refusal to permit (a) entry and the taking of a
sample or specimen or the making of any investigation or
examination as authorized by RCW 69.04.780; or (b) access
to or copying of any record as authorized by RCW 69.04.810.
(7) The refusal to permit entry or inspection as authorized by RCW 69.04.820.
(8) The removal, mutilation, or violation of an embargo
notice as authorized by RCW 69.04.110.
(9) The giving of a guaranty or undertaking in intrastate
commerce, referred to in RCW 69.04.080, that is false.
(10) The forging, counterfeiting, simulating, or falsely
representing, or without proper authority, using any mark,
stamp, tag, label, or other identification device authorized or
required by regulations promulgated under RCW 69.04.350.
(11) The alteration, mutilation, destruction, obliteration,
or removal of the whole or any part of the labeling of a food,
drug, device, or cosmetic, or the doing of any other act with
respect to a food, drug, device, or cosmetic, or the labeling or
advertisement thereof, which results in a violation of this
chapter.
(12) The using in intrastate commerce, in the labeling or
advertisement of any drug, of any representation or suggestion that an application with respect to such drug is effective
under section 505 of the federal act or under RCW 69.04.570,
or that such drug complies with the provisions of either such
section. [1945 c 257 § 22; Rem. Supp. 1945 § 6163-71. Prior:
1917 c 168 § 1; 1907 c 211 § 1; 1901 c 94 § 1.]
69.04.040
(2006 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
69.04.050 Remedy by injunction. (1) In addition to the
remedies hereinafter provided the director is hereby authorized to apply to the superior court of Thurston county for,
and such court shall have jurisdiction upon prompt hearing
and for cause shown to grant, a temporary or permanent
injunction restraining any person from violating any provision of RCW 69.04.040; without proof that an adequate remedy at law does not exist.
(2) Whenever it appears to the satisfaction of the court in
the case of a newspaper, magazine, periodical, or other publication, published at regular intervals (a) that restraining the
dissemination of a false advertisement in any particular issue
of such publication would delay the delivery of such issue
after the regular time therefor, and (b) that such delay would
be due to the method by which the manufacture and distribution of such publication is customarily conducted by the publisher in accordance with sound business practice, and not to
any method or device adopted for the evasion of this section
or to prevent or delay the issuance of an injunction or
restraining order with respect to such false advertisement or
any other advertisement, the court shall exclude such issue
from the operation of the restraining order or injunction.
[1945 c 257 § 23; Rem. Supp. 1945 § 6163-72.]
69.04.050
Injunctions, generally: Chapter 7.40 RCW.
69.04.060
69.04.060 Criminal penalty for violations. Any person who violates any provision of RCW 69.04.040 is guilty
of a misdemeanor and shall on conviction thereof be subject
to the following penalties:
(1) A fine of not more than two hundred dollars; or
(2) If the violation is committed after a conviction of
such person under this section has become final, imprisonment for not more than thirty days, or a fine of not more than
five hundred dollars, or both such imprisonment and fine.
[2003 c 53 § 314; 1945 c 257 § 24; Rem. Supp. 1945 § 616373. Prior: 1907 c 211 § 12; 1901 c 94 § 11.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.04.120
faith, to the effect that such article complies with this chapter;
or
(3) For having violated RCW 69.04.040(5), if he establishes a guaranty or undertaking signed by, and containing
the name and address of, the person in the state of Washington from whom he received such advertisement in good faith,
to the effect that such advertisement complies with this chapter; or
(4) For having violated RCW 69.04.040(9), if he establishes that he gave such guaranty or undertaking in good faith
and in reliance on a guaranty or undertaking to him, which
guaranty or undertaking was to the same effect and was
signed by, and contained the name and address of, a person in
the state of Washington. [1945 c 257 § 26; Rem. Supp. 1945
§ 6163-75.]
69.04.090
69.04.090 Liability of disseminator of advertisement.
No publisher, radio broadcast licensee, advertising agency, or
agency or medium for the dissemination of an advertisement,
except the manufacturer, packer, distributor, or seller of the
article to which the advertisement relates, shall be subject to
the penalties of RCW 69.04.060 by reason of his dissemination of any false advertisement, unless he has refused on the
request of the director to furnish the name and address of the
manufacturer, packer, distributor, seller, or advertising
agency in the state of Washington, who caused him to disseminate such false advertisement. [1945 c 257 § 27; Rem.
Supp. 1945 § 6163-76.]
69.04.100
69.04.100 Condemnation of adulterated or misbranded article. Whenever the director shall find in intrastate commerce an article subject to this chapter which is so
adulterated or misbranded that it is unfit or unsafe for human
use and its immediate condemnation is required to protect the
public health, such article is hereby declared to be a nuisance
and the director is hereby authorized forthwith to destroy
such article or to render it unsalable for human use. [1945 c
257 § 28; Rem. Supp. 1945 § 6163-77.]
69.04.070
69.04.070 Additional penalty. Notwithstanding the
provisions of RCW 69.04.060, a person who violates RCW
69.04.040 with intent to defraud or mislead is guilty of a misdemeanor and the penalty shall be imprisonment for not more
than ninety days, or a fine of not more than one thousand dollars, or both such imprisonment and fine. [2003 c 53 § 315;
1945 c 257 § 25; Rem. Supp. 1945 § 6163-74.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.04.080
69.04.080 Avoidance of penalty. No person shall be
subject to the penalties of RCW 69.04.060:
(1) For having violated RCW 69.04.040(3), if he establishes that he received and sold such article in good faith,
unless he refuses on request of the director to furnish the
name and address of the person in the state of Washington
from whom he received such article and copies of all available documents pertaining to his receipt thereof; or
(2) For having violated RCW 69.04.040 (1), (3), or (4), if
he establishes a guaranty or undertaking signed by, and containing the name and address of, the person in the state of
Washington from whom he received such article in good
(2006 Ed.)
69.04.110
69.04.110 Embargo of articles. Whenever the director
shall find, or shall have probable cause to believe, that an article subject to this chapter is in intrastate commerce in violation of this chapter, and that its embargo under this section is
required to protect the consuming or purchasing public, due
to its being adulterated or misbranded, or to otherwise protect
the public from injury, or possible injury, he or she is hereby
authorized to affix to such article a notice of its embargo and
against its sale in intrastate commerce, without permission
given under this chapter. But if, after such article has been so
embargoed, the director shall find that such article does not
involve a violation of this chapter, such embargo shall be
forthwith removed. [1991 c 162 § 3; 1975 1st ex.s. c 7 § 25;
1945 c 257 § 29; Rem. Supp. 1945 § 6163-78.]
Purpose of section: See RCW 69.04.398.
69.04.120
69.04.120 Procedure on embargo. When the director
has embargoed an article, he or she shall, forthwith and without delay and in no event later than thirty days after the affixing of notice of its embargo, petition the superior court for an
order affirming the embargo. The court then has jurisdiction,
[Title 69 RCW—page 5]
69.04.123
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
for cause shown and after prompt hearing to any claimant of
the embargoed article, to issue an order which directs the
removal of the embargo or the destruction or the correction
and release of the article. An order for destruction or correction and release shall contain such provision for the payment
of pertinent court costs and fees and administrative expenses
as is equitable and which the court deems appropriate in the
circumstances. An order for correction and release may contain such provision for a bond as the court finds indicated in
the circumstances. [1991 c 162 § 4; 1983 c 95 § 8; 1945 c
257 § 30; Rem. Supp. 1945 § 6163-79.]
institution of proceedings under this chapter, minor violations of this chapter, whenever he believes that the public
interest will be adequately served in the circumstances by a
suitable written notice or warning. [1945 c 257 § 35; Rem.
Supp. 1945 § 6163-84.]
69.04.180
69.04.180 Proceedings to be in name of state. All
such proceedings for the enforcement, or to restrain violations, of this chapter shall be by and in the name of the state
of Washington. [1945 c 257 § 36; Rem. Supp. 1945 § 616385.]
69.04.123
69.04.123 Exception to petition requirement under
RCW 69.04.120. The director need not petition the superior
court as provided for in RCW 69.04.120 if the owner or
claimant of such food or food products agrees in writing to
the disposition of such food or food products as the director
may order. [1995 c 374 § 20.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.04.130
69.04.130 Petitions may be consolidated. Two or
more petitions under RCW 69.04.120, which pend at the
same time and which present the same issue and claimant
hereunder, shall be consolidated for simultaneous determination by one court of jurisdiction, upon application to any
court of jurisdiction by the director or by such claimant.
[1945 c 257 § 31; Rem. Supp. 1945 § 6163-80.]
69.04.140
69.04.140 Claimant entitled to sample. The claimant
in any proceeding by petition under RCW 69.04.120 shall be
entitled to receive a representative sample of the article subject to such proceeding, upon application to the court of jurisdiction made at any time after such petition and prior to the
hearing thereon. [1945 c 257 § 32; Rem. Supp. 1945 § 616381.]
69.04.150
69.04.150 Damages not recoverable if probable cause
existed. No state court shall allow the recovery of damages
from administrative action for condemnation under RCW
69.04.100 or for embargo under RCW 69.04.110, if the court
finds that there was probable cause for such action. [1945 c
257 § 33; Rem. Supp. 1945 § 6163-82.]
69.04.190
69.04.190 Standards may be prescribed by regulations. Whenever in the judgment of the director such action
will promote honesty and fair dealing in the interest of consumers, he shall promulgate regulations fixing and establishing for any food, under its common or usual name so far as
practicable, a reasonable definition and standard of identity, a
reasonable standard of quality, and/or reasonable standards
of fill of container. In prescribing any standard of fill of container, consideration shall be given to and due allowance
shall be made for product or volume shrinkage or expansion
unavoidable in good commercial practice, and need for packing and protective material. In prescribing any standard of
quality for any canned fruit or canned vegetable, consideration shall be given to and due allowance shall be made for
the differing characteristics of the several varieties thereof. In
prescribing a definition and standard of identity for any food
or class of food in which optional ingredients are permitted,
the director shall, for the purpose of promoting honesty and
fair dealing in the interest of consumers, designate the
optional ingredients which shall be named on the label.
[1945 c 257 § 37; Rem. Supp. 1945 § 6163-86. Prior: 1917 c
168 § 2.]
69.04.200
69.04.200 Conformance with federal standards. The
definitions and standards of identity, the standards of quality
and fill of container, and the label requirements prescribed by
regulations promulgated under *this section shall conform,
insofar as practicable, with those prescribed by regulations
promulgated under section 401 of the federal act and to the
definitions and standards promulgated under the meat inspection act approved March 4, 1907, as amended. [1945 c 257 §
38; Rem. Supp. 1945 § 6163-87.]
69.04.160
69.04.160 Prosecutions. (1) It shall be the duty of each
state attorney, county attorney, or city attorney to whom the
director reports any violation of this chapter, or regulations
promulgated under it, to cause appropriate proceedings to be
instituted in the proper courts, without delay, and to be duly
prosecuted as prescribed by law.
(2) Before any violation of this chapter is reported by the
director to any such attorney for the institution of a criminal
proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views to the director, either orally or in
writing, with regard to such contemplated proceeding. [1945
c 257 § 34; Rem. Supp. 1945 § 6163-83.]
69.04.170
69.04.170 Minor infractions. Nothing in this chapter
shall be construed as requiring the director to report for the
[Title 69 RCW—page 6]
*Reviser’s note: The language "this section" appears in 1945 c 257 §
38 but apparently refers to 1945 c 257 § 37 codified as RCW 69.04.190.
69.04.205
69.04.205 Bacon—Packaging at retail to reveal quality and leanness. All packaged bacon other than that packaged in cans shall be offered and exposed for sale and sold,
within the state of Washington only at retail in packages
which permit the buyer to readily view the quality and degree
of leanness of the product. [1971 c 49 § 1.]
69.04.206
69.04.206 Bacon—Rules, regulations and standards—Withholding packaging use—Hearing—Final
determination—Appeal. The director of the department of
agriculture is hereby authorized to promulgate rules, regulations, and standards for the implementation of RCW
69.04.205 through 69.04.207. If the director has reason to
(2006 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
believe that any packaging method, package, or container in
use or proposed for use with respect to the marketing of
bacon is false or misleading in any particular, or does not
meet the requirements of RCW 69.04.205, he may direct that
such use be withheld unless the packaging method, package,
or container is modified in such manner as he may prescribe
so that it will not be false or misleading. If the person, firm,
or corporation using or proposing to use the packaging
method, package, or container does not accept the determination of the director such person, firm, or corporation may
request a hearing, but the use of the packaging method, package, or container shall, if the director so directs, be withheld
pending hearing and final determination by the director. Any
such determination by the director shall be conclusive unless,
within thirty days after receipt of notice of such final determination, the person, firm, or corporation adversely affected
thereby appeals to a court of proper jurisdiction. [1971 c 49
§ 2.]
69.04.207
69.04.207 Bacon—Effective date. RCW 69.04.205
through 69.04.207 shall take effect on January 1, 1972.
[1971 c 49 § 3.]
69.04.210
69.04.210 Food—Adulteration by poisonous or deleterious substance. A food shall be deemed to be adulterated:
(1) If it bears or contains any poisonous or deleterious
substance which may render it injurious to health; but in case
the substance is not an added substance such food shall not be
considered adulterated under this clause if the quantity of
such substance in such food does not ordinarily render it injurious to health; or
(2)(a) If it bears or contains any added poisonous or
added deleterious substance (other than one which is (i) a
pesticide chemical in or on a raw agricultural commodity; (ii)
a food additive, or (iii) a color additive) which is unsafe
within the meaning of RCW 69.04.390, or (b) if it is a raw
agricultural commodity and it bears or contains a pesticide
chemical which is unsafe within the meaning of RCW
69.04.392, or (c) if it is, or it bears or contains, any food additive which is unsafe within the meaning of RCW 69.04.394:
PROVIDED, That where a pesticide chemical has been used
in or on a raw agricultural commodity in conformity with an
exemption granted or a tolerance prescribed under RCW
69.04.392 and such raw agricultural commodity has been
subjected to processing such as canning, cooking, freezing,
dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the provisions of RCW 69.04.390 and 69.04.394,
not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in
good manufacturing practice and the concentration of such
residue in the processed food when ready to eat is not greater
than the tolerance prescribed for the raw agricultural commodity; or
(3) If it consists in whole or in part of any diseased, contaminated, filthy, putrid, or decomposed substance, or if it is
otherwise unfit for food; or
(4) If it has been produced, prepared, packed, or held
under insanitary conditions whereby it may have become
(2006 Ed.)
69.04.245
contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; or
(5) If it is in whole or in part the product of a diseased
animal or of an animal which has died otherwise than by
slaughter or which has been fed on the uncooked offal from a
slaughterhouse; or
(6) If its container is composed in whole or in part of any
poisonous or deleterious substance which may render the
contents injurious to health; or
(7) If it has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to RCW 69.04.394.
[1963 c 198 § 1; 1945 c 257 § 39; Rem. Supp. 1945 § 616388. Prior: 1923 c 36 § 1; 1907 c 211 § 3; 1901 c 94 § 3.]
69.04.220
69.04.220 Food—Adulteration by abstraction, addition, substitution, etc. A food shall be deemed to be adulterated (1) if any valuable constituent has been in whole or in
part omitted or abstracted therefrom; or (2) if any substance
has been substituted wholly or in part therefor; or (3) if damage or inferiority has been concealed in any manner; or (4) if
any substance has been added thereto or mixed or packed
therewith so as to increase its bulk or weight, or reduce its
quality or strength, or make it appear better or of greater
value than it is. [1945 c 257 § 40; Rem. Supp. 1945 § 616389.]
69.04.231
69.04.231 Food—Adulteration by color additive. A
food shall be deemed to be adulterated if it is, or it bears or
contains a color additive which is unsafe within the meaning
of RCW 69.04.396. [1963 c 198 § 5.]
69.04.240
69.04.240 Confectionery—Adulteration. A food shall
be deemed to be adulterated if it is confectionery and it bears
or contains any alcohol from natural or artificial alcohol flavoring in excess of one percent of the weight of the confection or any nonnutritive article or substance except harmless
coloring, harmless flavoring, harmless resinous glaze not in
excess of four-tenths of one percent, natural gum, and pectin:
PROVIDED, That this section shall not apply to any chewing
gum by reason of its containing harmless nonnutritive masticatory substances. [1984 c 78 § 2; 1945 c 257 § 42; Rem.
Supp. 1945 § 6163-91. Prior: 1923 c 36 § 1, part; 1907 c 211
§ 3, part.]
Finding and declaration—Severability—1984 c 78: See notes following RCW 66.12.160.
69.04.245
69.04.245 Poultry—Improper use of state’s geographic outline. Uncooked poultry is deemed to be misbranded if it is produced outside of this state but the label for
the poultry contains the geographic outline of this state.
[1989 c 257 § 2.]
Legislative findings—1989 c 257: "The legislature finds that: Poultry
produced in this state is known throughout the state for its high quality; and
one of the sources of that quality is the proximity of production centers to
retail outlets in the state. The legislature also finds that labeling which misrepresents poultry produced elsewhere as being a product of this state may
lead consumers to purchase products which they would not otherwise purchase. The legislature further finds that the presence of the geographic outline of this state on a label for poultry produced outside of the state misrepresents the product as having been produced in this state." [1989 c 257 § 1.]
[Title 69 RCW—page 7]
69.04.250
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.04.250
69.04.250 Food—Misbranding by false label, etc. A
food shall be deemed to be misbranded (1) if its labeling is
false or misleading in any particular; or (2) if it is offered for
sale under the name of another food; or (3) if it is an imitation
of another food, unless its label bears, in type of uniform size
and prominence, the word "imitation" and, immediately
thereafter, the name of the food imitated; or (4) if its container is so made, formed or filled as to be misleading. [1945
c 257 § 43; Rem. Supp. 1945 § 6163-92. Prior: 1923 c 36 §
2; 1907 c 211 § 4.]
69.04.260
69.04.260 Packaged food—Misbranding. If a food is
in package form, it shall be deemed to be misbranded, unless
it bears a label containing (1) the name and place of business
of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of
weight, measure, or numerical count: PROVIDED, That
under clause (2) of this section reasonable variations shall be
permitted, and exemptions as to small packages shall be
established, by regulations promulgated by the director.
[1945 c 257 § 44; Rem. Supp. 1945 § 6163-93.]
69.04.270
69.04.270 Food—Misbranding by lack of prominent
label. A food shall be deemed to be misbranded if any word,
statement, or other information required by or under authority
of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in
the labeling) and in such terms as to render it likely to be read
and understood by the ordinary individual under customary
conditions of purchase and use. [1945 c 257 § 45; Rem.
Supp. 1945 § 6163-94.]
69.04.280
69.04.280 Food—Misbranding for nonconformity
with standard of identity. If a food purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by RCW
69.04.190, it shall be deemed to be misbranded unless (1) it
conforms to such definition and standard, and (2) its label
bears the name of the food specified in the definition and
standard, and, insofar as may be required by such regulations,
the common names of optional ingredients (other than spices,
flavoring, and coloring) present in such food. [1945 c 257 §
46; Rem. Supp. 1945 § 6163-95.]
69.04.290
69.04.290 Food—Misbranding for nonconformity
with standard of quality. If a food purports to be or is represented as a food for which a standard of quality has been
prescribed by regulations as provided by RCW 69.04.190,
and its quality falls below such standard, it shall be deemed to
be misbranded unless its label bears in such manner and form
as such regulations specify, a statement that it falls below
such standard. [1945 c 257 § 47; Rem. Supp. 1945 § 616396.]
69.04.300
69.04.300 Food—Misbranding for nonconformity
with standard of fill. If a food purports to be or is represented as a food for which a standard or standards of fill of
container have been prescribed by regulations as provided by
RCW 69.04.190, and it falls below the standard of fill of con[Title 69 RCW—page 8]
tainer applicable thereto, it shall be deemed to be misbranded
unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard.
[1945 c 257 § 48; Rem. Supp. 1945 § 6163-97.]
69.04.310
69.04.310 Food—Misbranding by failure to show
usual name and ingredients. If a food is not subject to the
provisions of RCW 69.04.280, it shall be deemed to be misbranded unless its label bears (1) the common or usual name
of the food, if any there be, and (2) in case it is fabricated
from two or more ingredients, the common or usual name of
each such ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as
spices, flavorings, and colorings without naming each: PROVIDED, That, to the extent that compliance with the requirements of clause (2) of this section is impracticable, or results
in deception or unfair competition, exemptions shall be established by regulations promulgated by the director. [1945 c
257 § 49; Rem. Supp. 1945 § 6163-98.]
69.04.315
69.04.315 Halibut—Misbranding by failure to show
proper name. No person shall label or offer for sale any
food fish product designated as halibut, with or without additional descriptive words unless such food fish product is Hippoglossus Hippoglossus or Hippoglossus Stenolepsis. Any
person violating the provisions of this section shall be guilty
of misbranding under the provisions of this chapter. [1967
ex.s. c 79 § 1.]
69.04.320
69.04.320 Food—Misbranding by failure to show
dietary properties. If a food purports to be or is represented
for special dietary uses, it shall be deemed to be misbranded,
unless its label bears such information concerning its vitamin,
mineral and other dietary properties as is necessary in order
to fully inform purchasers as to its value for such uses, as provided by regulations promulgated by the director, such regulations to conform insofar as practicable with regulations
under section 403(j) of the federal act. [1945 c 257 § 50;
Rem. Supp. 1945 § 6163-99.]
69.04.330
69.04.330 Food—Misbranding by failure to show
artificial flavoring, coloring, etc. If a food bears or contains
any artificial flavoring, artificial coloring, or chemical preservative, it shall be deemed to be misbranded unless it bears
labeling stating that fact: PROVIDED, That to the extent that
compliance with the requirements of this section is impracticable, exemptions shall be established by regulations promulgated by the director. The provisions of this section and of
RCW 69.04.280 and 69.04.310, with respect to artificial coloring, shall not apply in the case of butter, cheese, or ice
cream. [1945 c 257 § 51; Rem. Supp. 1945 § 6163-100.]
69.04.331
69.04.331 Popcorn sold by theaters or commercial
food service establishments—Misbranded if the use of
butter or ingredients of butter-like flavoring not disclosed. (1) If a theater or other commercial food service
establishment prepares and sells popcorn for human consumption, the establishment, at the point of sale, shall disclose by posting a sign in a conspicuous manner to prospective consumers a statement as to whether the butter or butter(2006 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
like flavoring added to or attributed to the popcorn offered for
sale is butter as defined in *RCW 15.32.010 or is some other
product. If the flavoring is some other product, the establishment shall also disclose the ingredients of the product.
The director of agriculture shall adopt rules prescribing
the size and content of the sign upon which the disclosure is
to be made. Any popcorn sold by or offered for sale by such
an establishment to a consumer in violation of this section or
the rules of the director implementing this section shall be
deemed to be misbranded for the purposes of this chapter.
(2) The provisions of subsection (1) of this section do not
apply to packaged popcorn labeled so as to disclose ingredients as required by law for prepackaged foods. [1986 c 203 §
17.]
*Reviser’s note: RCW 15.32.010 was recodified as RCW 15.36.012
pursuant to 1994 c 143 § 514.
Severability—1986 c 203: See note following RCW 15.17.230.
69.04.333
69.04.333 Poultry and poultry products—Label to
indicate if product frozen. It shall be unlawful for any person to sell at retail or display for sale at retail any poultry and
poultry products, including turkey, which has been frozen at
any time, without having the package or container in which
the same is sold bear a label clearly discernible to a customer
that such product has been frozen and whether or not the
same has since been thawed. No such poultry or poultry product shall be sold unless in such a package or container bearing
said label. [1969 ex.s. c 194 § 1.]
69.04.334
69.04.334 Turkeys—Label requirement as to grading. No person shall advertise for sale, sell, offer for sale or
hold for sale in intrastate commerce any turkey that does not
bear a label. Such label shall be properly displayed on the
package if such turkey is prepackaged, or attached to the turkey if not prepackaged. Such label shall, if the turkey has
been graded, state the name of the governmental agency,
whether federal or state, and the grade. No turkey which has
been graded may be labeled as being ungraded. Any advertisement in any media concerning the sale of turkeys shall
state or set forth whether a turkey is ungraded or graded and
the specific grade if graded. [1969 ex.s. c 194 § 2.]
69.04.335
69.04.335 RCW 69.04.333 and 69.04.334 subject to
enforcement and penalty provisions of chapter. The provisions of this chapter shall be applicable to the enforcement
of RCW 69.04.333 and 69.04.334 and any person violating
the provisions of RCW 69.04.333 and 69.04.334 shall be subject to the applicable civil and criminal penalties for such violations as provided for in this chapter. [1969 ex.s. c 194 § 3.]
69.04.380
the distribution in intrastate commerce of any class of food
may, by reason of contamination with micro-organisms during the manufacture, processing, or packing thereof in any
locality, be injurious to health, and that such injurious nature
cannot be adequately determined after such articles have
entered intrastate commerce, he then, and in such case only,
shall promulgate regulations providing for the issuance, to
manufacturers, processors, or packers of such class of food in
such locality, of permits to which shall be attached such conditions governing the manufacture, processing, or packing of
such class of food, for such temporary period of time, as may
be necessary to protect the public health; and after the effective date of such regulations, and during such temporary
period, no person shall introduce or deliver for introduction
into intrastate commerce, any such food manufactured, processed, or packed by any such manufacturer, processor, or
packer unless such manufacturer, processor, or packer holds
a permit issued by the director as provided by such regulations. Insofar as practicable such regulations shall conform
with, shall specify the conditions prescribed by, and shall
remain in effect only so long as those promulgated under section 404(a) of the federal act. [1945 c 257 § 53; Rem. Supp.
1945 § 6163-102.]
69.04.360
69.04.360 Suspension of permit. The director is authorized to suspend immediately upon notice any permit issued
under authority of *this section, if it is found that any of the
conditions of the permit have been violated. The holder of a
permit so suspended shall be privileged at any time to apply
for the reinstatement of such permit, and the director shall,
immediately after prompt hearing and an inspection of the
factory or establishment, reinstate such permit, if it is found
that adequate measures have been taken to comply with and
maintain the conditions of the permit, as originally issued or
as amended. [1945 c 257 § 54; Rem. Supp. 1945 § 6163103.]
*Reviser’s note: The language "this section" appears in 1945 c 257 §
54 but apparently refers to 1945 c 257 § 53 codified as RCW 69.04.350.
69.04.370
69.04.370 Right of access for inspection. Any officer
or employee duly designated by the director shall have access
to any factory or establishment, the operator of which holds a
permit from the director, for the purpose of ascertaining
whether or not the conditions of the permit are being complied with, and denial of access for such inspection shall be
ground for suspension of the permit until such access is freely
given by the operator. [1945 c 257 § 55; Rem. Supp. 1945 §
6163-104.]
69.04.380
69.04.340
69.04.340 Natural vitamin, mineral, or dietary properties need not be shown. Nothing in this chapter shall be
construed to require the labeling or advertising to indicate the
natural vitamin, natural mineral, or other natural dietary
properties of dairy products or other agricultural products
when sold as food. [1945 c 257 § 52; Rem. Supp. 1945 §
6163-101.]
69.04.350
69.04.350 Permits to manufacture or process certain
foods. Whenever the director finds after investigation that
(2006 Ed.)
69.04.380 Food exempt if in transit for completion
purposes. Food which is, in accordance with the practice of
the trade, to be processed, labeled, or repacked in substantial
quantities at an establishment other than the establishment
where it was originally processed or packed, is exempted
from the affirmative labeling requirements of this chapter,
while it is in transit in intrastate commerce from the one
establishment to the other, if such transit is made in good
faith for such completion purposes only; but it is otherwise
subject to all the applicable provisions of this chapter. [1945
c 257 § 56; Rem. Supp. 1945 § 6163-105.]
[Title 69 RCW—page 9]
69.04.390
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.04.390
69.04.390 Regulations permitting tolerance of harmful matter. Any poisonous or deleterious substance added to
any food, except where such substance is required in the production thereof or cannot be avoided by good manufacturing
practice, shall be deemed unsafe for purposes of the application of clause (2)(a) of RCW 69.04.210; but when such substance is so required or cannot be so avoided, the director
shall promulgate regulations limiting the quantity therein or
thereon to such extent as he finds necessary for the protection
of public health, and any quantity exceeding the limits so
fixed shall also be deemed unsafe for purposes of the application of clause (2)(a) of RCW 69.04.210. While such a regulation is in effect limiting the quantity of any such substance in
the case of any food, such food shall not, by reason of bearing
or containing any added amount of such substance, be considered to be adulterated within the meaning of clause (1) of
RCW 69.04.210. In determining the quantity of such added
substance to be tolerated in or on different articles of food,
the director shall take into account the extent to which the use
of such substance is required or cannot be avoided in the production of each such article, and the other ways in which the
consumer may be affected by the same or other poisonous or
deleterious substances. [1963 c 198 § 2; 1945 c 257 § 57;
Rem. Supp. 1945 § 6163-106.]
69.04.392
69.04.392 Regulations permitting tolerance of harmful matter—Pesticide chemicals in or on raw agricultural
commodities. (1) Any poisonous or deleterious pesticide
chemical, or any pesticide chemical which generally is recognized among experts qualified by scientific training and
experience to evaluate the safety of pesticide chemicals as
unsafe for use, added to a raw agricultural commodity, shall
be deemed unsafe for the purpose of the application of clause
(2) of RCW 69.04.210 unless:
(a) A tolerance for such pesticide chemical in or on the
raw agricultural commodity has been prescribed pursuant to
subsection (2) hereof and the quantity of such pesticide
chemical in or on the raw agricultural commodity is within
the limits of the tolerance so prescribed; or
(b) With respect to use in or on such raw agricultural
commodity, the pesticide chemical has been exempted from
the requirement of a tolerance pursuant to subsection (2)
hereof.
While a tolerance or exemption from tolerance is in
effect for a pesticide chemical with respect to any raw agricultural commodity, such raw agricultural commodity shall
not, by reason of bearing or containing any added amount of
such pesticide chemical, be considered to be adulterated
within the meaning of clause (1) of RCW 69.04.210.
(2) The regulations promulgated under section 408 of the
Federal Food, Drug and Cosmetic Act, as of July 1, 1975, setting forth the tolerances for pesticide chemicals in or on any
raw agricultural commodity, are hereby adopted as the regulations for tolerances applicable to this chapter: PROVIDED,
That the director is hereby authorized to adopt by regulation
any new or future amendments to such federal regulations for
tolerances, including exemption from tolerance and zero tolerances, to the extent necessary to protect the public health.
The director is also authorized to issue regulations in the
absence of federal regulations and to prescribe therein tolerances for pesticides, exemptions, and zero tolerances, upon
[Title 69 RCW—page 10]
his own motion or upon the petition of any interested party
requesting that such a regulation be established. It shall be
incumbent upon such petitioner to establish, by data submitted to the director, that a necessity exists for such regulation
and that the effect of such regulation will not be detrimental
to the public health. If the data furnished by the petitioner is
not sufficient to allow the director to determine whether such
a regulation should be promulgated, the director may require
additional data to be submitted and failure to comply with
this request shall be sufficient grounds to deny the request of
the petitioner for the issuance of such regulation.
(3) In adopting any new or amended tolerances by regulation issued pursuant to this section, the director shall give
appropriate consideration, among other relevant factors, to
the following: (a) The purpose of this chapter being to promote uniformity of state legislation with the federal act; (b)
the necessity for the production of an adequate, wholesome,
and economical food supply; (c) the other ways in which the
consumer may be affected by the same pesticide chemical or
by other related substances that are poisonous or deleterious;
and (d) the opinion of experts qualified by scientific training
and experience to determine the proper tolerance to be
allowed for any pesticide chemical. [1975 1st ex.s. c 7 § 26;
1963 c 198 § 3.]
Purpose of section: See RCW 69.04.398.
69.04.394
69.04.394 Regulations permitting tolerance of harmful matter—Food additives. (1) A food additive shall, with
respect to any particular use or intended use of such additives, be deemed unsafe for the purpose of the application of
clause (2)(c) of RCW 69.04.210, unless:
(a) It and its use or intended use conform to the terms of
an exemption granted, pursuant to a regulation under subsection (2) hereof providing for the exemption from the requirements of this section for any food additive, and any food
bearing or containing such additive, intended solely for
investigational use by qualified experts when in the director’s
opinion such exemption is consistent with the public health;
or
(b) There is in effect, and it and its use or intended use
are in conformity with a regulation issued or effective under
subsection (2) hereof prescribing the conditions under which
such additive may be safely used.
While such a regulation relating to a food additive is in
effect, a food shall not, by reason of bearing or containing
such an additive in accordance with the regulation, be considered adulterated within the meaning of clause (1) of RCW
69.04.210.
(2) The regulations promulgated under section 409 of the
Federal Food, Drug and Cosmetic Act, as of July 1, 1975,
prescribing the conditions under which such food additive
may be safely used, are hereby adopted as the regulations
applicable to this chapter: PROVIDED, That the director is
hereby authorized to adopt by regulation any new or future
amendments to the federal regulations. The director is also
authorized to issue regulations in the absence of federal regulations and to prescribe the conditions under which a food
additive may be safely used and exemptions where such food
additive is to be used solely for investigational purposes;
either upon his own motion or upon the petition of any inter(2006 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
ested party requesting that such a regulation be established.
It shall be incumbent upon such petitioner to establish, by
data submitted to the director, that a necessity exists for such
regulation and that the effect of such a regulation will not be
detrimental to the public health. If the data furnished by the
petitioner is not sufficient to allow the director to determine
whether such a regulation should be promulgated, the director may require additional data to be submitted and failure to
comply with this request shall be sufficient grounds to deny
the request of the petitioner for the issuance of such a regulation.
(3) In adopting any new or amended regulations pursuant
to this section, the director shall give appropriate consideration, among other relevant factors, to the following: (a) The
purpose of this chapter being to promote uniformity of state
legislation with the federal act; (b) the probable consumption
of the additive and of any substance formed in or on food
because of the use of the additive; (c) the cumulative effect of
such additive in the diet of man or animals, taking into
account any chemically or pharmacologically related substance or substances in such diet; and (d) safety factors which
in the opinion of experts qualified by scientific training and
experience to evaluate the safety of food additives are generally recognized as appropriate for the use of animal experimentation data. [1975 1st ex.s. c 7 § 27; 1963 c 198 § 4.]
Purpose of section: See RCW 69.04.398.
69.04.396
69.04.396 Regulations permitting tolerance of harmful matter—Color additives. (1) A color additive shall,
with respect to any particular use (for which it is being used
or intended to be used or is represented as suitable) in or on
food, be deemed unsafe for the purpose of the application of
RCW 69.04.231, unless:
(a) There is in effect, and such color additive and such
use are in conformity with, a regulation issued under this section listing such additive for such use, including any provision of such regulation prescribing the conditions under
which such additive may be safely used;
(b) Such additive and such use thereof conform to the
terms of an exemption for experimental use which is in effect
pursuant to regulation under this section.
While there are in effect regulations under this section
relating to a color additive or an exemption with respect to
such additive a food shall not, by reason of bearing or containing such additive in all respects in accordance with such
regulations or such exemption, be considered adulterated
within the meaning of clause (1) of RCW 69.04.210.
(2) The regulations promulgated under section 706 of the
Federal Food, Drug and Cosmetic Act, as of July 1, 1975,
prescribing the use or limited use of such color additive, are
hereby adopted as the regulations applicable to this chapter:
PROVIDED, That the director is hereby authorized to adopt
by regulation any new or future amendments to the federal
regulations. The director is also authorized to issue regulations in the absence of federal regulations and to prescribe
therein the conditions under which a color additive may be
safely used including exemptions for experimental purposes.
Such a regulation may be issued either upon the director’s
own motion or upon the petition of any interested party
requesting that such a regulation be established. It shall be
(2006 Ed.)
69.04.398
incumbent upon such petitioner to establish, by data submitted to the director, that a necessity exists for such regulation
and that the effect of such a regulation will not be detrimental
to the public health. If the data furnished by the petitioner is
not sufficient to allow the director to determine whether such
a regulation should be promulgated, the director may require
additional data to be submitted and failure to comply with
this request shall be sufficient grounds to deny the request of
the petitioner for the issuance of such a regulation.
(3) In adopting any new or amended regulations pursuant
to this section, the director shall give appropriate consideration, among other relevant factors, to the following: (a) The
purpose of this chapter being to promote uniformity of state
legislation with the federal act; (b) the probable consumption
of, or other relevant exposure from, the additive and of any
substance formed in or on food because of the use of the additive; (c) the cumulative effect, if any, of such additive in the
diet of man or animals, taking into account the same or any
chemically or pharmacologically related substance or substances in such diet; (d) safety factors which, in the opinion of
experts qualified by scientific training and experience to
evaluate the safety of color additives for the use or uses for
which the additive is proposed to be listed, are generally recognized as appropriate for the use of animal experimentation
data; (e) the availability of any needed practicable methods of
analysis for determining the identity and quantity of (i) the
pure dye and all intermediates and other impurities contained
in such color additives, (ii) such additive in or on any article
of food, and (iii) any substance formed in or on such article
because of the use of such additive; and (f) the conformity by
the manufacturer with the established standards in the industry relating to the proper formation of such color additive so
as to result in a finished product safe for use as a color additive. [1975 1st ex.s. c 7 § 28; 1963 c 198 § 6.]
Purpose of section: See RCW 69.04.398.
Food—Adulteration by color additive: RCW 69.04.231.
69.04.398
69.04.398 Purpose of RCW 69.04.110, 69.04.392,
69.04.394, 69.04.396—Uniformity with federal laws and
regulations—Application to production of kosher food
products—Adoption of rules. (1) The purpose of RCW
69.04.110, 69.04.392, 69.04.394, and 69.04.396 is to promote uniformity of state legislation and rules with the Federal
Food, Drug and Cosmetic Act 21 USC 301 et seq. and regulations adopted thereunder. In accord with such declared purpose any regulation adopted under said federal food, drug and
cosmetic act concerning food in effect on July 1, 1975, and
not adopted under any other specific provision of RCW
69.04.110, 69.04.392, 69.04.394, and 69.04.396 are hereby
deemed to have been adopted under the provision hereof.
Further, to promote such uniformity any regulation adopted
hereafter under the provisions of the federal food, drug and
cosmetic act concerning food and published in the federal
register shall be deemed to have been adopted under the provisions of RCW 69.04.110, 69.04.392, 69.04.394, and
69.04.396 in accord with chapter 34.05 RCW as enacted or
hereafter amended. The director may, however, within thirty
days of the publication of the adoption of any such regulation
under the federal food, drug and cosmetic act give public
notice that a hearing will be held to determine if such regula[Title 69 RCW—page 11]
69.04.399
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
tion shall not be applicable under the provisions of RCW
69.04.110, 69.04.392, 69.04.394, and 69.04.396. Such hearing shall be in accord with the requirements of chapter 34.05
RCW as enacted or hereafter amended.
(2) The provisions of subsection (1) of this section do not
apply to rules adopted by the director as necessary to permit
the production of kosher food products as defined in RCW
69.90.010.
(3) Notwithstanding the provisions of subsections (1)
and (2) of this section the director may adopt rules necessary
to carry out the provisions of this chapter. [1991 c 162 § 5;
1986 c 203 § 18; 1975 1st ex.s. c 7 § 36.]
Severability—1986 c 203: See note following RCW 15.17.230.
69.04.399
69.04.399 Civil penalty for violations of standards for
component parts of fluid dairy products adopted under
RCW 69.04.398. See RCW 15.36.471.
case it shall be subject to the provisions of the homeopathic
pharmacopoeia of the United States and not to those of the
United States pharmacopoeia. [1945 c 257 § 60; Rem. Supp.
1945 § 6163-109.]
69.04.430
69.04.430 Drugs—Adulteration for lack of represented purity or quality. If a drug or device is not subject to
the provisions of RCW 69.04.420 and its strength differs
from, or its purity or quality falls below, that which it purports or is represented to possess, it shall be deemed to be
adulterated. [1945 c 257 § 61; Rem. Supp. 1945 § 6163-110.]
69.04.440
69.04.440 Drugs—Adulteration by admixture or
substitution of ingredients. A drug shall be deemed to be
adulterated if any substance has been (1) mixed or packed
therewith so as to reduce its quality or strength or (2) substituted wholly or in part therefor. [1945 c 257 § 62; Rem.
Supp. 1945 § 6163-111.]
69.04.400
69.04.400 Conformance with federal regulations.
The regulations promulgated under RCW 69.04.390 shall
conform, insofar as practicable, with those promulgated
under section 406 of the federal act. [1963 c 198 § 7; 1945 c
257 § 58; Rem. Supp. 1945 § 6163-107.]
69.04.450
69.04.450 Drugs—Misbranding by false labeling. A
drug or device shall be deemed to be misbranded if its labeling is false or misleading in any particular. [1945 c 257 § 63;
Rem. Supp. 1945 § 6163-112. Prior: 1923 c 36 § 2; 1907 c
211 § 4.]
69.04.410
69.04.410 Drugs—Adulteration by harmful substances. A drug or device shall be deemed to be adulterated
(1) if it consists in whole or in part of any filthy, putrid, or
decomposed substance; or (2) if it has been produced, prepared, packed, or held under insanitary conditions whereby it
may have been contaminated with filth, or whereby it may
have been rendered injurious to health; or (3) if it is a drug
and its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if it is a drug and it bears or
contains, for purposes of coloring only, a coal tar color other
than one that is harmless and suitable for use in drugs for such
purposes, as provided by regulations promulgated under section 504 of the federal act. [1945 c 257 § 59; Rem. Supp.
1945 § 6163-108. Prior: 1923 c 36 § 1; 1907 c 211 § 3; 1901
c 94 § 3.]
69.04.420
69.04.420 Drugs—Adulteration for failure to comply
with compendium standard. If a drug or device purports to
be or is represented as a drug the name of which is recognized
in an official compendium, and its strength differs from, or its
quality or purity falls below, the standard set forth in such
compendium, it shall be deemed to be adulterated. Such
determination as to strength, quality or purity shall be made
in accordance with the tests or methods of assay set forth in
such compendium or prescribed by regulations promulgated
under section 501(b) of the federal act. No drug defined in an
official compendium shall be deemed to be adulterated under
this section because it differs from the standard of strength,
quality, or purity therefor set forth in such compendium, if its
difference in strength, quality, or purity from such standard is
plainly stated on its label. Whenever a drug is recognized in
both the United States pharmacopoeia and the homeopathic
pharmacopoeia of the United States, it shall be subject to the
requirements of the United States pharmacopoeia unless it is
labeled and offered for sale as a homeopathic drug, in which
[Title 69 RCW—page 12]
69.04.460
69.04.460 Packaged drugs—Misbranding. If a drug
or device is in package form, it shall be deemed to be misbranded unless it bears a label containing (1) the name and
place of business of the manufacturer, packer, or distributor;
and (2) an accurate statement of the quantity of the contents
in terms of weight, measure, or numerical count: PROVIDED, That under clause (2) of this section reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations promulgated by the
director. [1945 c 257 § 64; Rem. Supp. 1945 § 6163-113.
Prior: 1923 c 36 § 2; 1907 c 211 § 4.]
69.04.470
69.04.470 Drugs—Misbranding by lack of prominent
label. A drug or device shall be deemed to be misbranded if
any word, statement, or other information required by or
under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or
devices, in the labeling) and in such terms as to render it
likely to be read and understood by the ordinary individual
under customary conditions of purchase and use. [1945 c 257
§ 65; Rem. Supp. 1945 § 6163-114. Prior: 1923 c 36 § 2;
1907 c 211 § 4.]
69.04.480
69.04.480 Drugs—Misbranding for failure to state
content of habit forming drug. A drug or device shall be
deemed to be misbranded if it is for use by man and contains
any quantity of the narcotic or hypnotic substance alpha
eucaine, barbituric acid, beta eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana,
morphine, opium, paraldehyde, peyote, or sulphomethane; or
any chemical derivative of such substance, which derivative
has been designated as habit forming by regulations promulgated under section 502(d) of the federal act; unless its label
bears the name and quantity or proportion of such substance
(2006 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
or derivative and in juxtaposition therewith the statement
"Warning—May be habit forming." [1945 c 257 § 66; Rem.
Supp. 1945 § 6163-115. Prior: 1923 c 36 § 2; 1907 c 211 §
4.]
69.04.490
69.04.490 Drugs—Misbranding by failure to show
usual name and ingredients. If a drug is not designated
solely by a name recognized in an official compendium it
shall be deemed to be misbranded unless its label bears (1)
the common or usual name of the drug, if such there be; and
(2), in case it is fabricated from two or more ingredients, the
common or usual name of each active ingredient, including
the quantity, kind, and proportion of any alcohol, and also
including, whether active or not, the name and quantity or
proportion of any bromides, ether, chloroform, acetanilid,
acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine,
hyoscyamime, arsenic, digitalis, glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or
preparation of any such substances, contained therein: PROVIDED, That to the extent that compliance with the requirements of clause (2) of this section is impracticable, exemptions shall be established by regulations promulgated by the
director. [1945 c 257 § 67; Rem. Supp. 1945 § 6163-116.
Prior: 1923 c 36 § 2; 1907 c 211 § 4.]
69.04.500
69.04.500 Drugs—Misbranding by failure to give
directions for use and warnings. A drug or device shall be
deemed to be misbranded unless its labeling bears (1) adequate directions for use; and (2) such adequate warnings
against use in those pathological conditions or by children
where its use may be dangerous to health, or against unsafe
dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users: PROVIDED, That where any requirement
of clause (1) of this section as applied to any drug or device,
is not necessary for the protection of the public health, the
director shall promulgate regulations exempting such drug or
device from such requirements. Such regulations shall
include the exemptions prescribed under section 502(f)(1) of
the federal act, insofar as such exemptions are applicable
hereunder. [1945 c 257 § 68; Rem. Supp. 1945 § 6163-117.
Prior: 1923 c 36 § 2; 1907 c 211 § 4.]
69.04.510
69.04.510 Drugs—Misbranding for improper packaging and labeling. A drug or device shall be deemed to be
misbranded if it purports to be a drug the name of which is
recognized in an official compendium, unless it is packaged
and labeled as prescribed therein: PROVIDED, That the
method of packing may be modified with the consent of the
director, as permitted under section 502(g) of the federal act.
Whenever a drug is recognized in both the United States
pharmacopoeia and the homeopathic pharmacopoeia of the
United States, it shall be subject to the requirements of the
United States pharmacopoeia with respect to packaging and
labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions
of the homeopathic pharmacopoeia of the United States, and
not to those of the United States pharmacopoeia. [1945 c 257
§ 69; Rem. Supp. 1945 § 6163-118. Prior: 1923 c 36 § 2;
1907 c 211 § 4.]
(2006 Ed.)
69.04.565
69.04.520
69.04.520 Drugs—Misbranding for failure to show
possibility of deterioration. If a drug or device has been
found by the secretary of agriculture of the United States to
be a drug liable to deterioration, it shall be deemed to be misbranded unless it is packaged in such form and manner, and
its label bears a statement of such precautions, as required in
an official compendium or by regulations promulgated under
section 502(h) of the federal act for the protection of the public health. [1945 c 257 § 70; Rem. Supp. 1945 § 6163-119.
Prior: 1923 c 36 § 2; 1907 c 211 § 4.]
69.04.530
69.04.530 Drugs—Misbranding by misleading representation. A drug shall be deemed to be misbranded if (1) its
container is so made, formed, or filled as to be misleading; or
(2) if it is an imitation of another drug; or (3) if it is offered
for sale under the name of another drug; or (4) if it is dangerous to health when used in the dosage, or with the frequency
or duration prescribed, recommended, or suggested in the
labeling thereof. [1945 c 257 § 71; Rem. Supp. 1945 § 6163120. Prior: 1923 c 36 § 2; 1907 c 211 § 4.]
69.04.540
69.04.540 Drugs—Misbranding by sale without prescription of drug requiring it. A drug or device shall be
deemed to be misbranded if it is a drug which by label provides, or which the federal act or any applicable law requires
by label to provide, in effect, that it shall be used only upon
the prescription of a physician, dentist, or veterinarian, unless
it is dispensed at retail on a written prescription signed by a
physician, dentist, or veterinarian, who is licensed by law to
administer such a drug. [1945 c 257 § 72; Rem. Supp. 1945
§ 6163-121. Prior: 1923 c 36 § 2; 1907 c 211 § 4.]
69.04.550
69.04.550 Drugs exempt if in transit for completion
purposes. A drug or device which is, in accordance with the
practice of the trade, to be processed, labeled, or repacked in
substantial quantities at an establishment other than the establishment where it was originally processed or packed, is
exempted from the affirmative labeling and packaging
requirements of this chapter, while it is in transit in intrastate
commerce from the one establishment to the other, if such
transit is made in good faith for such completion purposes
only; but it is otherwise subject to all the applicable provisions of this chapter. [1945 c 257 § 73; Rem. Supp. 1945 §
6163-122.]
69.04.560
69.04.560 Dispensing of certain drugs exempt. A
drug dispensed on a written prescription signed by a physician, dentist, or veterinarian (except a drug dispensed in the
course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail) shall, if (1) such physician, dentist, or veterinarian is licensed by law to administer such
drug, and (2) such drug bears a label containing the name and
place of business of the dispenser, the serial number and date
of such prescription, and the name of such physician, dentist,
or veterinarian, be exempt from the requirements of RCW
69.04.450 through 69.04.540. [1945 c 257 § 74; Rem. Supp.
1945 § 6163-123.]
69.04.565
69.04.565 DMSO (dimethyl sulfoxide) authorized.
Notwithstanding any other provision of state law, DMSO
[Title 69 RCW—page 13]
69.04.570
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(dimethyl sulfoxide) may be introduced into intrastate commerce as long as (1) it is manufactured or distributed by persons licensed pursuant to chapter 18.64 RCW or chapter
18.92 RCW, and (2) it is used, or intended to be used, in the
treatment of human beings or animals for any ailment or
adverse condition: PROVIDED, That DMSO intended for
topical application, consistent with rules governing purity
and labeling promulgated by the state board of pharmacy,
shall not be considered a legend drug and may be sold by any
retailer. [1981 c 50 § 1.]
DMSO use by health facilities, physicians: RCW 70.54.190.
69.04.570
69.04.570 Introduction of new drug. No person shall
introduce or deliver for introduction into intrastate commerce
any new drug which is subject to section 505 of the federal
act unless an application with respect to such drug has
become effective thereunder. No person shall introduce or
deliver for introduction into intrastate commerce any new
drug which is not subject to section 505 of the federal act,
unless (1) it has been found, by appropriate tests, that such
drug is not unsafe for use under the conditions prescribed,
recommended, or suggested in the labeling thereof; and (2)
an application has been filed under this section of this chapter
with respect to such drug: PROVIDED, That the requirement
of clause (2) shall not apply to any drug introduced into intrastate commerce at any time prior to the enactment of this
chapter or introduced into interstate commerce at any time
prior to the enactment of the federal act: PROVIDED FURTHER, That if the director finds that the requirement of
clause (2) as applied to any drug or class of drugs, is not necessary for the protection of the public health, he shall promulgate regulations of exemption accordingly. [1945 c 257 § 75;
Rem. Supp. 1945 § 6163-124.]
69.04.580
69.04.580 Application for introduction. An application under RCW 69.04.570 shall be filed with the director,
and subject to any waiver by the director, shall include (1)
full reports of investigations which have been made to show
whether or not the drug, subject to the application, is safe for
use under the conditions prescribed, recommended, or suggested in the labeling thereof; (2) a full list of the articles used
as components of such drug; (3) a full statement of the composition of such drug; (4) a full description of the methods
used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug; (5) such samples
of such drug and of the articles used as components thereof as
the director may require; and (6) specimens of the labeling
proposed to be used for such drug. [1945 c 257 § 76; Rem.
Supp. 1945 § 6163-125.]
notice and opportunity for hearing to the applicant, that the
drug, subject to the application, is not safe for use under the
conditions prescribed, recommended, or suggested in the
labeling thereof, he shall, prior to such effective date, issue an
order refusing to permit such application to become effective
and stating the findings upon which it is based. [1945 c 257
§ 78; Rem. Supp. 1945 § 6163-127.]
69.04.610
69.04.610 Revocation of denial. An order refusing to
permit an application under RCW 69.04.570 to become
effective may be suspended or revoked by the director, for
cause and by order stating the findings upon which it is based.
[1945 c 257 § 79; Rem. Supp. 1945 § 6163-128.]
69.04.620
69.04.620 Service of order of denial. Orders of the
director issued under RCW 69.04.600 shall be served (1) in
person by a duly authorized representative of the director or
(2) by mailing the order by registered mail addressed to the
applicant or respondent at his address last known to the director. [1945 c 257 § 80; Rem. Supp. 1945 § 6163-129.]
69.04.630
69.04.630 Drug for investigational use exempt. A
drug shall be exempt from the operation of RCW 69.04.570
which is intended, and introduced or delivered for introduction into intrastate commerce, solely for investigational use
by experts qualified by scientific training and experience to
investigate the safety of drugs and which is plainly labeled
"For investigational use only." [1945 c 257 § 81; Rem. Supp.
1945 § 6163-130.]
69.04.640
69.04.640 Court review of denial. The superior court
of Thurston county shall have jurisdiction to review and to
affirm, modify, or set aside any order issued under RCW
69.04.600, upon petition seasonably made by the person to
whom the order is addressed and after prompt hearing upon
due notice to both parties. [1945 c 257 § 82; Rem. Supp.
1945 § 6163-131.]
69.04.650
69.04.650 Dispensing of certain drugs exempt. A
drug dispensed on a written prescription signed by a physician, dentist, or veterinarian (except a drug dispensed in the
course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail) shall, if (1) such physician, dentist, or veterinarian is licensed by law to administer such
drug, and (2) such drug bears a label containing the name and
place of business of the dispenser, the serial number and date
of such prescription, and the name of such physician, dentist,
or veterinarian, be exempt from the operation of RCW
69.04.570 through 69.04.640. [1945 c 257 § 83; Rem. Supp.
1945 § 6163-132.]
69.04.590
69.04.590 Effective date of application. An application filed under RCW 69.04.570 shall become effective on
the sixtieth day after the filing thereof, unless the director (1)
makes such application effective prior to such day; or (2)
issues an order with respect to such application pursuant to
RCW 69.04.600. [1945 c 257 § 77; Rem. Supp. 1945 § 6163126.]
69.04.600
69.04.600 Denial of application. If the director finds,
upon the basis of the information before him and after due
[Title 69 RCW—page 14]
69.04.660
69.04.660 Federally licensed drugs exempt. The provisions of RCW 69.04.570 shall not apply to any drug which
is licensed under the federal virus, serum, and toxin act of
July 1, 1902; or under the federal virus, serums, toxins, antitoxins, and analogous products act of March 4, 1913. [1945
c 257 § 84; Rem. Supp. 1945 § 6163-133.]
69.04.670
69.04.670 Cosmetics—Adulteration by injurious
substances. A cosmetic shall be deemed to be adulterated
(2006 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
(1) if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof, or under such
conditions of use as are customary or usual: PROVIDED,
That this provision shall not apply to coal tar hair dye, the
label of which bears the following legend conspicuously displayed thereon: "Caution—This product contains ingredients
which may cause skin irritation on certain individuals and a
preliminary test according to accompanying direction should
first be made. This product must not be used for dyeing the
eyelashes or eyebrows; to do so may cause blindness.", and
the labeling of which bears adequate directions for such preliminary testing. For the purposes of this paragraph and paragraph (5) the term "hair dye" shall not include eyelash dyes or
eyebrow dyes; or (2) if it consists in whole or in part of any
filthy, putrid, or decomposed substance; or (3) if it has been
produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth,
or whereby it may have been rendered injurious to health; or
(4) if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or (5) if it is not a hair dye and it
bears or contains a coal tar color other than one that is harmless and suitable for use in cosmetics, as provided by regulations promulgated under section 604 of the federal act. [1945
c 257 § 85; Rem. Supp. 1945 § 6163-134.]
69.04.680
69.04.680 Cosmetics—Misbranding by false label,
etc. A cosmetic shall be deemed to be misbranded (1) if its
labeling is false or misleading in any particular; or (2) if in
package form, unless it bears a label containing (a) the name
and place of business of the manufacturer, packer, or distributor; and (b) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: PROVIDED, That under clause (b) of this section reasonable variations shall be permitted, and exemptions as to small
packages shall be established, by regulations prescribed by
the director. [1945 c 257 § 86; Rem. Supp. 1945 § 6163135.]
69.04.690
69.04.690 Cosmetics—Misbranding by lack of prominent label. A cosmetic shall be deemed to be misbranded
(1) if any word, statement, or other information required by
or under authority of this chapter to appear on the label or
labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements,
designs, or devices, in the labeling) and in such terms as to
render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use;
or (2) if its container is so made, formed, or filled as to be
misleading. [1945 c 257 § 87; Rem. Supp. 1945 § 6163-136.]
69.04.740
faith for such completion purposes only; but it is otherwise
subject to all the applicable provisions of this chapter. [1945
c 257 § 88; Rem. Supp. 1945 § 6163-137.]
69.04.710
69.04.710 Advertisement, when deemed false. An
advertisement of a food, drug, device, or cosmetic shall be
deemed to be false, if it is false or misleading in any particular. [1945 c 257 § 89; Rem. Supp. 1945 § 6163-138.]
69.04.720
69.04.720 Advertising of cure of certain diseases
deemed false. The advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis,
arteriosclerosis, blood poison, bone disease, Bright’s disease,
cancer, carbuncles, cholecystitis, diabetes, diphtheria,
dropsy, erysipelas, gallstones, heart and vascular diseases,
high blood pressure, mastoiditis, measles, meningitis,
mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox,
tuberculosis, tumors, typhoid, uremia, *venereal disease,
shall also be deemed to be false; except that no advertisement
not in violation of RCW 69.04.710 shall be deemed to be
false under this section if it is disseminated only to members
of the medical, veterinary, dental, pharmacal, and other
legally recognized professions dealing with the healing arts,
or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health
education by persons not commercially interested, directly or
indirectly, in the sale of such drugs or devices: PROVIDED,
That whenever the director determines that an advance in
medical science has made any type of self-medication safe as
to any of the diseases named above, the director shall by regulation authorize the advertisement of drugs having curative
or therapeutic effect for such disease, subject to such conditions and restrictions as the director may deem necessary in
the interest of public health: PROVIDED FURTHER, That
this section shall not be construed as indicating that self-medication for diseases other than those named herein is safe or
efficacious. [1945 c 257 § 90; Rem. Supp. 1945 § 6163-139.]
*Reviser’s note: The term "venereal disease" was changed to "sexually
transmitted disease" by 1988 c 206.
69.04.730
69.04.730 Enforcement, where vested—Regulations.
The authority to promulgate regulations for the efficient
enforcement of this chapter is hereby vested in the director:
PROVIDED, HOWEVER, That the director shall designate
the Washington state board of pharmacy to carry out all the
provisions of this chapter pertaining to drugs and cosmetics,
with authority to promulgate regulations for the efficient
enforcement thereof. [1945 c 257 § 91 (vetoed); 1947 c 25
(passed notwithstanding veto); Rem. Supp. 1947 § 6163139a.]
69.04.700
69.04.700 Cosmetics exempt if in transit for completion purposes. A cosmetic which is, in accordance with the
practice of the trade, to be processed, labeled, or repacked in
substantial quantities at an establishment other than the establishment where it was originally processed or packed, is
exempted from the affirmative labeling requirements of this
chapter, while it is in transit in intrastate commerce from the
one establishment to the other, if such transit is made in good
(2006 Ed.)
69.04.740
69.04.740 Regulations to conform with federal regulations. The purpose of this chapter being to promote uniformity of state legislation with the federal act, the director is
hereby authorized (1) to adopt, insofar as applicable, the regulations from time to time promulgated under the federal act;
and (2) to make the regulations promulgated under this chapter conform, insofar as practicable, with those promulgated
[Title 69 RCW—page 15]
69.04.750
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
under the federal act. [1945 c 257 § 92; Rem. Supp. 1945 §
6163-140.]
shall be open to inspection by the director. [1945 c 257 § 98;
Rem. Supp. 1945 § 6163-146.]
69.04.750
69.04.750 Hearings. Hearings authorized or required
by this chapter shall be conducted by the director or his duly
authorized representative designated for the purpose. [1945 c
257 § 93; Rem. Supp. 1945 § 6163-141.]
69.04.761
69.04.761 Hearing on proposed regulation—Procedure. The director shall hold a public hearing upon a proposal to promulgate any new or amended regulation under
this chapter. The procedure to be followed concerning such
hearings shall comply in all respects with chapter 34.05 RCW
(Administrative Procedure Act) as now enacted or hereafter
amended. [1963 c 198 § 13.]
69.04.770
69.04.770 Review on petition prior to effective date.
The director shall have jurisdiction to review and to affirm,
modify, or set aside any order issued under *RCW 69.04.760,
promulgating a new or amended regulation under this chapter, upon petition made at any time prior to the effective date
of such regulation, by any person adversely affected by such
order. [1945 c 257 § 95; Rem. Supp. 1945 § 6163-143.]
*Reviser’s note: RCW 69.04.760 was repealed by 1963 c 198 § 15.
Later enactment, see RCW 69.04.761.
69.04.780
69.04.780 Investigations—Samples—Right of
entry—Verified statements. The director shall cause the
investigation and examination of food, drugs, devices, and
cosmetics subject to this chapter. The director shall have the
right (1) to take a sample or specimen of any such article, for
examination under this chapter, upon tendering the market
price therefor to the person having such article in custody;
and (2) to enter any place or establishment within this state, at
reasonable times, for the purpose of taking a sample or specimen of any such article, for such examination.
The director and the director’s deputies, assistants, and
inspectors are authorized to do all acts and things necessary
to carry out the provisions of this chapter, including the taking of verified statements. Such department personnel are
empowered to administer oaths of verification on the statements. [1991 c 162 § 6; 1945 c 257 § 96; Rem. Supp. 1945 §
6163-144.]
69.04.790
69.04.790 Owner may obtain part of sample. Where
a sample or specimen of any such article is taken for examination under this chapter the director shall, upon request, provide a part thereof for examination by any person named on
the label of such article, or the owner thereof, or his attorney
or agent; except that the director is authorized, by regulation,
to make such reasonable exceptions from, and to impose such
reasonable terms and conditions relating to, the operation of
this section as he finds necessary for the proper administration of the provisions of this chapter. [1945 c 257 § 97; Rem.
Supp. 1945 § 6163-145.]
69.04.800
69.04.800 Access to records of other agencies. For the
purpose of enforcing the provisions of this chapter, pertinent
records of any administrative agency of the state government
[Title 69 RCW—page 16]
69.04.810
69.04.810 Access to records of intrastate carriers.
For the purpose of enforcing the provisions of this chapter,
carriers engaged in intrastate commerce, and persons receiving food, drugs, devices, or cosmetics in intrastate commerce
or holding such articles so received, shall, upon the request of
the director, permit the director at reasonable times, to have
access to and to copy all records showing the movement in
intrastate commerce of any food, drug, device, or cosmetic,
or the holding thereof during or after such movement, and the
quantity, shipper, and consignee thereof; and it shall be
unlawful for any such carrier or person to fail to permit such
access to and the copying of any such records so requested
when such request is accompanied by a statement in writing
specifying the nature or kind of food, drug, device, or cosmetic to which such request relates: PROVIDED, That evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained: PROVIDED FURTHER, That except for violations of RCW
69.04.955, penalties levied under RCW 69.04.980, the
requirements of RCW 69.04.950 through 69.04.980, and the
requirements of this section, carriers shall not be subject to
the other provisions of this chapter by reason of their receipt,
carriage, holding, or delivery of food, drugs, devices, or cosmetics in the usual course of business as carriers. [1990 c 202
§ 9; 1945 c 257 § 99; Rem. Supp. 1945 § 6163-147.]
69.04.820
69.04.820 Right of entry to factories, warehouses,
vehicles, etc. For the purpose of enforcing the provisions of
this chapter, the director is authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment subject
to this chapter, or to enter any vehicle being used to transport
or hold food, drugs, devices, or cosmetics in intrastate commerce; and (2) to inspect, at reasonable times, such factory,
warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, labeling,
and advertisements therein. [1945 c 257 § 100; Rem. Supp.
1945 § 6163-148.]
69.04.830
69.04.830 Publication of reports of judgments,
orders and decrees. The director may cause to be published
from time to time reports summarizing all judgments,
decrees, and court orders which have been rendered under
this chapter, including the nature of the charge and the disposition thereof. [1945 c 257 § 101; Rem. Supp. 1945 § 6163149.]
69.04.840
69.04.840 Dissemination of information. The director
may cause to be disseminated information regarding food,
drugs, devices, or cosmetics in situations involving, in the
opinion of the director, imminent danger to health or gross
deception of, or fraud upon, the consumer. Nothing in this
section shall be construed to prohibit the director from collecting, reporting, and illustrating the results of his examinations and investigations under this chapter. [1945 c 257 §
102; Rem. Supp. 1945 § 6163-150.]
(2006 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
69.04.845
69.04.845 Severability—1945 c 257. If any provision
of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the
constitutionality of the remainder of the chapter and the
applicability thereof to other persons and circumstances shall
not be affected thereby. [1945 c 257 § 103; Rem. Supp. 1945
§ 6163-151.]
69.04.928
(3) "Shelf life" means the length of time during which a
packaged food product will retain its safe consumption quality if stored under proper temperature conditions.
(4) "Fish" as used in subsection (1) of this section shall
mean any water breathing animals, including, but not limited
to, shellfish such as lobster, clams, crab, or other mollusca
which are prepared, processed, sold, or intended or offered
for sale. [1974 ex.s. c 57 § 1; 1973 1st ex.s. c 112 § 1.]
69.04.850
69.04.850 Construction—1945 c 257. This chapter
and the regulations promulgated hereunder shall be so interpreted and construed as to effectuate its general purpose to
secure uniformity with federal acts and regulations relating to
adulterating, misbranding and false advertising of food,
drugs, devices, and cosmetics. [1945 c 257 § 104; Rem.
Supp. 1945 § 6163-152.]
69.04.860
69.04.860 Effective date of chapter—1945 c 257. This
chapter shall take effect ninety days after the date of its enactment, and all state laws or parts of laws in conflict with this
chapter are then repealed: PROVIDED, That the provisions
of section 91 shall become effective on the enactment of this
chapter, and thereafter the director is hereby authorized to
conduct hearings and to promulgate regulations which shall
become effective on or after the effective date of this chapter
as the director shall direct: PROVIDED FURTHER, That all
other provisions of this chapter to the extent that they may
relate to the enforcement of such sections, shall take effect on
the date of the enactment of this chapter. [1945 c 257 § 105;
Rem. Supp. 1945 § 6163-153.]
Reviser’s note: 1945 c 257 § 91 referred to herein was vetoed by the
governor but was subsequently reenacted as 1947 c 25 notwithstanding the
veto. Section 91 is codified as RCW 69.04.730. For effective date of section
91 see preface 1947 session laws.
69.04.870
69.04.870 Short title. This chapter may be cited as the
Uniform Washington Food, Drug, and Cosmetic Act. [1945
c 257 § 1; Rem. Supp. 1945 § 6163-50.]
69.04.905
69.04.905 Perishable packaged food—Pull date
labeling—Required. All perishable packaged food goods
with a projected shelf life of thirty days or less, which are
offered for sale to the public after January 1, 1974 shall state
on the package the pull date. The pull date must be stated in
day, and month and be in a style and format that is readily
decipherable by consumers: PROVIDED, That the director
of the department of agriculture may exclude the monthly
requirement on the pull date for perishable packaged food
goods which have a shelf life of seven days or less. No perishable packaged food goods shall be offered for sale after the
pull date, except as provided in RCW 69.04.910. [1974 ex.s.
c 57 § 2; 1973 1st ex.s. c 112 § 2.]
69.04.910
69.04.910 Perishable packaged food—Pull date
labeling—Selling or trading goods beyond pull date—
Repackaging to substitute for original date—Exception.
No person shall sell, trade or barter any perishable packaged
food goods beyond the pull date appearing thereon, nor shall
any person rewrap or repackage any packaged perishable
food goods with the intention of placing a pull date thereon
which is different from the original: PROVIDED, HOWEVER, That those packaged perishable food goods whose
pull dates have expired may be sold if they are still wholesome and are without danger to health, and are clearly identified as having passed the pull date. [1973 1st ex.s. c 112 § 3.]
69.04.915
69.04.880
69.04.880 Civil penalty. Whenever the director finds
that a person has committed a violation of a provision of this
chapter, the director may impose upon and collect from the
violator a civil penalty not exceeding one thousand dollars
per violation per day. Each and every such violation shall be
a separate and distinct offense. Imposition of the civil penalty
shall be subject to a hearing in conformance with chapter
34.05 RCW. [1991 c 162 § 2.]
69.04.900
69.04.900 Perishable packaged food—Pull date
labeling—Definitions. For the purpose of RCW 69.04.900
through 69.04.920:
(1) "Perishable packaged food goods" means and
includes all foods and beverages, except alcoholic beverages,
frozen foods, fresh meat, poultry and fish and a raw agricultural commodity as defined in this chapter, intended for
human consumption which are canned, bottled, or packaged
other than at the time and point of retail sale, which have a
high risk of spoilage within a period of thirty days, and as
determined by the director of the department of agriculture
by rule and regulation to be perishable.
(2) "Pull date" means the latest date a packaged food
product shall be offered for sale to the public.
(2006 Ed.)
69.04.915 Perishable packaged food—Pull date
labeling—Storage—Rules and regulations. The director
of the department of agriculture shall by rule and regulation
establish uniform standards for pull date labeling, and optimum storage conditions of perishable packaged food goods.
In addition to his other duties the director, in consultation
with the secretary of the department of health where appropriate, may promulgate such other rules and regulations as
may be necessary to carry out the purposes of RCW
69.04.900 through 69.04.920. [1989 1st ex.s. c 9 § 225; 1973
1st ex.s. c 112 § 4.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.04.920
69.04.920 Perishable packaged food—Pull date
labeling—Penalties. Any person convicted of a violation of
RCW 69.04.905 or 69.04.910 shall be punishable by a fine
not to exceed five hundred dollars. [1973 1st ex.s. c 112 § 5.]
69.04.928
69.04.928 Seafood labeling requirements—Pamphlet—Direct retail endorsement. The department of agriculture must develop a pamphlet that generally describes the
labeling requirements for seafood, as set forth in this chapter,
and provide an adequate quantity of the pamphlets to the
[Title 69 RCW—page 17]
69.04.930
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
department of fish and wildlife to distribute with the issuance
of a direct retail endorsement under RCW 77.65.510. [2002
c 301 § 11.]
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
69.04.930
69.04.930 Frozen fish and meat—Labeling requirements—Exceptions. It shall be unlawful for any person to
sell at retail or display for sale at retail any food fish as
defined in RCW 77.08.022 or shellfish as defined in RCW
77.08.010, any meat, or any meat food product which has
been frozen at any time, without having the package or container in which the same is sold bear a label clearly discernible to a customer that such product has been frozen and
whether or not the same has since been thawed. No such food
fish or shellfish, meat or meat food product shall be sold
unless in such a package or container bearing said label:
PROVIDED, That this section shall not include any of the
aforementioned food or food products that have been frozen
prior to being smoked, cured, cooked or subjected to the heat
of commercial sterilization. [2003 c 39 § 28; 1999 c 291 §
32; 1988 c 254 § 8; 1983 1st ex.s. c 46 § 179; 1975 c 39 § 1.]
69.04.934
69.04.934 Salmon labeling—Identification as farmraised or commercially caught—Exceptions—Penalty.
With the exception of a commercial fisher engaged in sales of
fish to a fish buyer, no person may sell at wholesale or retail
any fresh or frozen:
(1) Private sector cultured aquatic salmon without identifying the product as farm-raised salmon; or
(2) Commercially caught salmon designated as food fish
under Title 77 RCW without identifying the product as commercially caught salmon.
Identification of the products under subsections (1) and
(2) of this section shall be made to the buyer at the point of
sale such that the buyer can make an informed decision in
purchasing.
A person knowingly violating this section is guilty of
misbranding under this chapter. A person who receives misleading or erroneous information about whether the salmon is
farm-raised or commercially caught, and subsequently inaccurately identifies salmon shall not be guilty of misbranding.
This section shall not apply to salmon that is minced, pulverized, coated with batter, or breaded. [2003 c 39 § 29; 1993 c
282 § 4.]
Finding—1993 c 282: See note following RCW 69.04.932.
69.04.932
69.04.932 Salmon labeling—Definitions. Unless the
context clearly requires otherwise, the definitions in this section apply throughout RCW 69.04.933 through 69.04.935.
(1) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW,
and includes:
SCIENTIFIC NAME
Oncorhynchus tshawytscha
Oncorhynchus kisutch
Oncorhynchus keta
Oncorhynchus gorbuscha
Oncorhynchus nerka
Salmo salar (in other than
its landlocked form)
COMMON NAME
Chinook salmon or king salmon
Coho salmon or silver salmon
Chum salmon
Pink salmon
Sockeye salmon
Atlantic salmon
(2) "Commercially caught" means salmon harvested by
commercial fishers. [1993 c 282 § 2.]
Finding—1993 c 282: "The legislature finds that salmon consumers in
Washington benefit from knowing the species and origin of the salmon they
purchase. The accurate identification of such species, as well as knowledge
of the country or state of origin and of whether they were caught commercially or were farm-raised, is important to consumers." [1993 c 282 § 1.]
69.04.933
69.04.933 Salmon labeling—Identification of species—Exceptions—Penalty. With the exception of a commercial fisher engaged in sales of fish to a fish buyer, no person may sell at wholesale or retail any fresh or frozen salmon
food fish or cultured aquatic salmon without identifying the
species of salmon by its common name to the buyer at the
point of sale such that the buyer can make an informed decision in purchasing. A person knowingly violating this section
is guilty of misbranding under this chapter. A person who
receives misleading or erroneous information about the species of salmon and subsequently inaccurately identifies
salmon shall not be guilty of misbranding. This section shall
not apply to salmon that is minced, pulverized, coated with
batter, or breaded. [1993 c 282 § 3.]
Finding—1993 c 282: See note following RCW 69.04.932.
[Title 69 RCW—page 18]
69.04.935
69.04.935 Salmon labeling—Rules for identification
and enforcement. To promote honesty and fair dealing for
consumers, the director, in consultation with the director of
the department of fish and wildlife, shall adopt rules:
(1) Fixing and establishing a reasonable definition and
standard of identity for salmon for purposes of identifying
and selling salmon;
(2) Enforcing RCW 69.04.933 and 69.04.934. [1994 c
264 § 39; 1993 c 282 § 5.]
Finding—1993 c 282: See note following RCW 69.04.932.
69.04.940
69.04.940 Imported lamb products—Labeling
requirements. All retail sales of fresh or frozen lamb products which are imported from another country shall be
labelled with the country of origin. For the purposes of this
section "imported lamb products" shall include but not be
limited to, live lambs imported from another country but
slaughtered in the United States. [1987 c 393 § 25.]
69.04.950
69.04.950 Transport of bulk foods—Definitions. The
definitions in this section apply throughout RCW 69.04.950
through 69.04.980:
(1) "Food" means: (a) Any article used for food or drink
for humans or used as a component of such an article; or (b)
a food grade substance.
(2) "Food grade substance" means a substance which satisfies the requirements of the federal food, drug, and cosmetic act, meat inspection act, and poultry products act and
rules promulgated thereunder as materials approved by the
federal food and drug administration, United States department of agriculture, or United States environmental protection agency for use: (a) As an additive in food or drink for
human consumption, (b) in sanitizing food or drink for
human consumption, (c) in processing food or drink for
human consumption, or (d) in maintaining equipment with
food contact surfaces during which maintenance the sub(2006 Ed.)
Intrastate Commerce in Food, Drugs, and Cosmetics
stance is expected to come in contact with food or drink for
human consumption.
(3) "In bulk form" means a food or substance which is
not packaged or contained by anything other than the cargo
carrying portion of the vehicle or vessel.
(4) "Vehicle or vessel" means a commercial vehicle or
commercial vessel which has a gross weight of more than ten
thousand pounds, is used to transport property, and is a motor
vehicle, motor truck, trailer, railroad car, or vessel. [1990 c
202 § 1.]
Advisory committee—Report—1990 c 202: "The director of agriculture and the secretary of health shall examine, in consultation with an industry advisory committee, the potential hazards that may be posed to the public
health by the transportation of food in other than bulk form in intrastate commerce. The director and secretary shall report the findings to the legislature
by January 1, 1992, concerning the extent of the potential hazards, the frequency of mixed shipments of packaged food and nonfood items, the manner
in which mixed shipments of packaged food and nonfood items are transported, and the incidents of food contamination in Washington state within
the past five years. The findings shall include recommendations, if any, for
regulating the transportation of food in other than bulk form.
The director and the secretary shall establish an industry advisory committee to provide advice regarding the examination required by this section.
The director and the secretary shall jointly appoint not less than nine persons
to the committee. These persons shall be representatives from the manufacturing, processing, wholesaling, distributing, and retailing sectors of the food
industry." [1990 c 202 § 8.]
69.04.955
69.04.955 Transport of bulk foods—Prohibitions—
Exemption. (1) Except as provided in RCW 69.04.965 and
69.04.975, no person may transport in intrastate commerce
food in bulk form in the cargo carrying portion of a vehicle or
vessel that has been used for transporting in bulk form a
cargo other than food.
(2) No person may transport in intrastate commerce food
in bulk form in the cargo carrying portion of a vehicle or vessel unless the vehicle or vessel is marked "Food or Food
Compatible Only" in conformance with rules adopted under
RCW 69.04.960.
(3) No person may transport in intrastate commerce a
substance in bulk form other than food or a substance on a list
adopted under RCW 69.04.960 in the cargo carrying portion
of a vehicle or vessel marked "Food or Food Compatible
Only."
(4) This section does not apply to the transportation of a
raw agricultural commodity from the point of its production
to the facility at which the commodity is first processed or
packaged. [1990 c 202 § 2.]
69.04.960 Transport of bulk foods—Compatible substances—Cleaning vehicle or vessel—Vehicle or vessel
marking. (1) The director of agriculture and the secretary of
health shall jointly adopt by rule:
(a) A list of food compatible substances other than food
that may be transported in bulk form as cargo in a vehicle or
vessel that is also used, on separate occasions, to transport
food in bulk form as cargo. The list shall contain those substances that the director and the secretary determine will not
pose a health hazard if food in bulk form were transported in
the vehicle or vessel after it transported the substance. In
making this determination, the director and the secretary shall
assume that some residual portion of the substance will
remain in the cargo carrying portion of the vehicle or vessel
when the food is transported;
69.04.970
(b) The procedures to be used to clean the vehicle or vessel after transporting the substance and prior to transporting
the food;
(c) The form of the certificates to be used under RCW
69.04.965; and
(d) Requirements for the "Food or Food Compatible
Only" marking which must be borne by a vehicle or vessel
under RCW 69.04.955 or 69.04.965.
(2) In developing and adopting rules under this section
and RCW 69.04.970, the director and the secretary shall consult with the secretary of transportation, the chief of the state
patrol, the chair of the utilities and transportation commission, and representatives of the vehicle and vessel transportation industries, food processors, and agricultural commodity
organizations. [1990 c 202 § 3.]
69.04.965
69.04.965 Transport of bulk foods—Transports not
constituting violations. Transporting food as cargo in bulk
form in intrastate commerce in a vehicle or vessel that has
previously been used to transport in bulk form a cargo other
than food does not constitute a violation of RCW 69.04.955
if:
(1) The cargo is a food compatible substance contained
on the list adopted by the director and secretary under RCW
69.04.960;
(2) The vehicle or vessel has been cleaned as required by
the rules adopted under RCW 69.04.960;
(3) The vehicle or vessel is marked "Food or Food Compatible" in conformance with rules adopted under RCW
69.04.960; and
(4) A certificate accompanies the vehicle or vessel when
the food is transported by other than railroad car which
attests, under penalty of perjury, to the fact that the vehicle or
vessel has been cleaned as required by those rules and is
dated and signed by the party responsible for that cleaning.
Such certificates shall be maintained by the owner of the
vehicle or vessel for not less than three years and shall be
available for inspection concerning compliance with RCW
69.04.950 through 69.04.980. The director of agriculture and
the secretary of health shall jointly adopt rules requiring such
certificates for the transportation of food under this section
by railroad car and requiring such certificates to be available
for inspection concerning compliance with RCW 69.04.950
through 69.04.980. Forms for the certificates shall be provided by the department of agriculture. [1990 c 202 § 4.]
69.04.960
(2006 Ed.)
69.04.970
69.04.970 Transport of bulk foods—Substances rendering vehicle or vessel permanently unsuitable for bulk
food transport—Procedures to rehabilitate vehicles and
vessels. The director of agriculture and the secretary of
health shall jointly adopt by rule:
(1) A list of substances which, if transported in bulk form
in the cargo carrying portion of a vehicle or vessel, render the
vehicle or vessel permanently unsuitable for use in transporting food in bulk form because the prospect that any residue
might be present in the vehicle or vessel when it transports
food poses a hazard to the public health; and
(2) Procedures to be used to rehabilitate a vehicle or vessel that has been used to transport a substance other than a
substance contained on a list adopted under RCW 69.04.960
[Title 69 RCW—page 19]
69.04.975
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
or under subsection (1) of this section. The procedures shall
ensure that transporting food in the cargo carrying portion of
the vehicle or vessel after its rehabilitation will not pose a
health hazard. [1990 c 202 § 5.]
69.04.975
69.04.975 Transport of bulk foods—Rehabilitation
of vehicles and vessels—Inspection—Certification—
Marking—Costs. A vehicle or vessel that has been used to
transport a substance other than food or a substance contained on the lists adopted by the director and secretary under
RCW 69.04.960 and 69.04.970, may be rehabilitated and
used to transport food only if:
(1) The vehicle or vessel is rehabilitated in accordance
with the procedures established by the director and secretary
in RCW 69.04.970;
(2) The vehicle or vessel is inspected by the department
of agriculture, and the department determines that transporting food in the cargo carrying portion of the vehicle or vessel
will not pose a health hazard;
(3) A certificate accompanies the vehicle or vessel certifying that the vehicle or vessel has been rehabilitated and
inspected and is authorized to transport food, and is dated and
signed by the director of agriculture, or an authorized agent
of the director. Such certificates shall be maintained for the
life of the vehicle by the owner of the vehicle or vessel, and
shall be available for inspection concerning compliance with
RCW 69.04.950 through 69.04.980. Forms for the certificates shall be provided by the department of agriculture; and
(4) The vehicle or vessel is marked as required by RCW
69.04.955 or is marked and satisfies the requirements of
RCW 69.04.965 which are not inconsistent with the rehabilitation authorized by this section.
No vehicle or vessel that has transported in bulk form a
substance contained on the list adopted under RCW
69.04.970 qualifies for rehabilitation.
The cost of rehabilitation shall be borne by the vehicle or
vessel owner. The director shall determine a reasonable fee to
be imposed on the vehicle or vessel owner based on inspection, laboratory, and administrative costs incurred by the
department in rehabilitating the vehicle or vessel. [1990 c
202 § 6.]
Chapter 69.06 RCW
FOOD AND BEVERAGE ESTABLISHMENT
WORKERS’ PERMITS
Chapter 69.06
Sections
69.06.010
69.06.020
69.06.030
69.06.040
69.06.045
69.06.050
69.06.060
69.06.070
69.06.080
Food and beverage service worker’s permit—Filing, duration—Minimum training requirements.
Permit exclusive and valid throughout state—Fee.
Diseased persons—May not work—Employer may not hire.
Application of chapter to retail food establishments.
Application of chapter to temporary food service establishments.
Permit to be secured within fourteen days from time of
employment.
Penalty.
Limited duty permit.
Chapter not applicable to persons who meet requirements of
RCW 70.128.250.
69.06.010
69.06.010 Food and beverage service worker’s permit—Filing, duration—Minimum training requirements.
It shall be unlawful for any person to be employed in the handling of unwrapped or unpackaged food unless he or she shall
furnish and place on file with the person in charge of such
establishment, a food and beverage service worker’s permit,
as prescribed by the state board of health. Such permit shall
be kept on file by the employer or kept by the employee on
his or her person and open for inspection at all reasonable
hours by authorized public health officials. Such permit shall
be returned to the employee upon termination of employment. Initial permits, including limited duty permits, shall be
valid for two years from the date of issuance. Subsequent
renewal permits shall be valid for three years from the date of
issuance, except an employee may be granted a renewal permit that is valid for five years from the date of issuance if the
employee demonstrates that he or she has obtained additional
food safety training prior to renewal of the permit. Rules
establishing minimum training requirements must be adopted
by the state board of health and developed by the department
of health in conjunction with local health jurisdictions and
representatives of the food service industry. [1998 c 136 § 1;
1987 c 223 § 5; 1957 c 197 § 1.]
Effective date—1998 c 136 § 1: "Section 1 of this act takes effect July
1, 1999." [1998 c 136 § 6.]
69.06.020
69.04.980
69.04.980 Transport of bulk foods—Penalties. A person who knowingly transports a cargo in violation of RCW
69.04.955 or who knowingly causes a cargo to be transported
in violation of RCW 69.04.955 is subject to a civil penalty, as
determined by the director of agriculture, for each such violation as follows:
(1) For a person’s first violation or first violation in a
period of five years, not more than five thousand dollars;
(2) For a person’s second or subsequent violation within
five years of a previous violation, not more than ten thousand
dollars.
The director shall impose the penalty by an order which
is subject to the provisions of chapter 34.05 RCW.
The director shall, wherever practical, secure the assistance of other public agencies, including but not limited to
the department of health, the utilities and transportation commission, and the state patrol, in identifying and investigating
potential violations of RCW 69.04.955. [1990 c 202 § 7.]
[Title 69 RCW—page 20]
69.06.020 Permit exclusive and valid throughout
state—Fee. The permit provided in RCW 69.06.010 or
69.06.070 shall be valid in every city, town and county in the
state, for the period for which it is issued, and no other health
certificate shall be required of such employees by any municipal corporation or political subdivision of the state. The cost
of the permit shall be uniform throughout the state and shall
be in that amount set by the state board of health. The cost of
the permit shall reflect actual costs of food worker training
and education, administration of the program, and testing of
applicants. The state board of health shall periodically review
the costs associated with the permit program and adjust the
fee accordingly. The board shall also ensure that the fee is not
set at an amount that would prohibit low-income persons
from obtaining permits. [1998 c 136 § 3; 1987 c 223 § 6;
1957 c 197 § 2.]
69.06.030
69.06.030 Diseased persons—May not work—
Employer may not hire. It shall be unlawful for any person
(2006 Ed.)
Washington Food Processing Act
afflicted with any contagious or infectious disease that may
be transmitted by food or beverage to work in or about any
place where unwrapped or unpackaged food and/or beverage
products are prepared or sold, or offered for sale for human
consumption and it shall be unlawful for any person knowingly to employ a person so afflicted. Nothing in this section
eliminates any authority or requirement to control or suppress
communicable diseases pursuant to chapter 70.05 RCW and
RCW 43.20.050(2)(e). [1998 c 136 § 4; 1957 c 197 § 3.]
69.06.040
69.06.040 Application of chapter to retail food establishments. This chapter shall apply to any retail establishment engaged in the business of food handling or food service. [1987 c 223 § 7; 1957 c 197 § 4.]
69.06.045
69.06.045 Application of chapter to temporary food
service establishments. As used in this section, "temporary
food service establishment" means a food service establishment operating at a fixed location for a period of time of not
more than twenty-one consecutive days in conjunction with a
single event or celebration. This chapter applies to temporary
food service establishments with the following exceptions:
(1) Only the operator or person in charge of a temporary
food service establishment shall be required to secure a food
and beverage service workers’ permit; and
(2) The operator or person in charge of a temporary food
service establishment shall secure a valid food and beverage
service workers’ permit before commencing the food handling operation. [1987 c 223 § 8.]
69.06.050
69.06.050 Permit to be secured within fourteen days
from time of employment. Individuals under this chapter
must obtain a food and beverage service workers’ permit
within fourteen days from commencement of employment.
Individuals under this chapter may work for up to fourteen
calendar days without a food and beverage service workers’
permit, provided that they receive information or training
regarding safe food handling practices from the employer
prior to commencement of employment. Documentation that
the information or training has been provided to the individual must be kept on file by the employer. [1998 c 136 § 5;
1957 c 197 § 5.]
69.06.060
69.06.060 Penalty. Any violation of the provisions of
this chapter shall be a misdemeanor. [1957 c 197 § 6.]
69.06.070
69.06.070 Limited duty permit. The local health
officer may issue a limited duty permit when necessary to
reasonably accommodate a person with a disability. The limited duty permit must specify the activities that the permit
holder may perform, and must include only activities having
low public health risk. [1998 c 136 § 2.]
69.06.080
69.06.080 Chapter not applicable to persons who
meet requirements of RCW 70.128.250. Except for the
food safety training standards adopted by the state board of
health under RCW 69.06.010, the provisions of this chapter
do not apply to persons who work in adult family homes and
successfully complete training and continuing education as
required by RCW 70.128.250. [2005 c 505 § 7.]
(2006 Ed.)
69.07.010
Chapter 69.07 RCW
WASHINGTON FOOD PROCESSING ACT
Chapter 69.07
Sections
69.07.005
69.07.010
69.07.020
69.07.040
69.07.050
69.07.060
69.07.065
69.07.070
69.07.080
69.07.085
69.07.095
69.07.100
69.07.103
69.07.110
69.07.120
69.07.135
69.07.140
69.07.150
69.07.160
69.07.170
69.07.180
69.07.190
69.07.900
69.07.910
69.07.920
Legislative declaration.
Definitions.
Enforcement—Rules—Adoption—Contents—Standards.
Food processing license—Waiver if licensed under chapter
15.36 RCW—Expiration date—Application, contents—Fee.
Renewal of license—Additional fee, when.
Denial, suspension or revocation of license—Grounds.
Suspension of license summarily—Reinstatement.
Rules and regulations, hearings subject to Administrative Procedure Act.
Inspections by department—Access—When.
Sanitary certificates—Fee.
Authority of director and personnel.
Establishments exempted from provisions of chapter.
Chickens—Slaughter, preparation, sale—One thousand or
fewer—Special, temporary permit—Rules—Fee.
Enforcement of chapter.
Disposition of money into food processing inspection account.
Unlawful to sell or distribute food from unlicensed processor.
Violations—Warning notice.
Violations—Penalties.
Authority of director and department under chapter 69.04
RCW not impaired by any provision of chapter 69.07 RCW.
Definitions.
Bottled water labeling standards.
Bottled soft drinks, soda, or seltzer exempt from bottled water
labeling requirements.
Chapter is cumulative and nonexclusive.
Severability—1967 ex.s. c 121.
Short title.
69.07.005
69.07.005 Legislative declaration. The processing of
food intended for public consumption is important and vital
to the health and welfare both immediate and future and is
hereby declared to be a business affected with the public
interest. The provisions of this chapter [1991 c 137] are
enacted to safeguard the consuming public from unsafe, adulterated, or misbranded food by requiring licensing of all food
processing plants as defined in this chapter and setting forth
the requirements for such licensing. [1991 c 137 § 1.]
69.07.010
69.07.010 Definitions. For the purposes of this chapter:
(1) "Department" means the department of agriculture of
the state of Washington;
(2) "Director" means the director of the department;
(3) "Food" means any substance used for food or drink
by any person, including ice, bottled water, and any ingredient used for components of any such substance regardless of
the quantity of such component;
(4) "Sale" means selling, offering for sale, holding for
sale, preparing for sale, trading, bartering, offering a gift as
an inducement for sale of, and advertising for sale in any
media;
(5) "Food processing" means the handling or processing
of any food in any manner in preparation for sale for human
consumption: PROVIDED, That it shall not include fresh
fruit or vegetables merely washed or trimmed while being
prepared or packaged for sale in their natural state;
(6) "Food processing plant" includes but is not limited to
any premises, plant, establishment, building, room, area,
facilities and the appurtenances thereto, in whole or in part,
where food is prepared, handled or processed in any manner
for distribution or sale for resale by retail outlets, restaurants,
and any such other facility selling or distributing to the ultimate consumer: PROVIDED, That, as set forth herein, estab[Title 69 RCW—page 21]
69.07.020
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
lishments processing foods in any manner for resale shall be
considered a food processing plant as to such processing;
(7) "Food service establishment" shall mean any fixed or
mobile restaurant, coffee shop, cafeteria, short order cafe,
luncheonette, grill, tearoom, sandwich shop, soda fountain,
tavern, bar, cocktail lounge, night club, roadside stand, industrial-feeding establishment, retail grocery, retail food market,
retail meat market, retail bakery, private, public, or nonprofit
organization routinely serving food, catering kitchen, commissary or similar place in which food or drink is prepared
for sale or for service on the premises or elsewhere, and any
other eating or drinking establishment or operation where
food is served or provided for the public with or without
charge.
For the purpose of this chapter any custom cannery or
processing plant where raw food products, food, or food
products are processed for the owner thereof, or the food processing facilities are made available to the owners or persons
in control of raw food products or food or food products for
processing in any manner, shall be considered to be food processing plants;
(8) "Person" means an individual, partnership, corporation, or association. [1992 c 34 § 3; 1991 c 137 § 2; 1967
ex.s. c 121 § 1.]
Severability—1992 c 34: See note following RCW 69.07.170.
69.07.020
69.07.020 Enforcement—Rules—Adoption—Contents—Standards. (1) The department shall enforce and
carry out the provisions of this chapter, and may adopt the
necessary rules to carry out its purposes.
(2) Such rules may include:
(a) Standards for temperature controls in the storage of
foods, so as to provide proper refrigeration.
(b) Standards for temperatures at which low acid foods
must be processed and the length of time such temperatures
must be applied and at what pressure in the processing of
such low acid foods.
(c) Standards and types of recording devices that must be
used in providing records of the processing of low acid foods,
and how they shall be made available to the department of
agriculture for inspection.
(d) Requirements for the keeping of records of the temperatures, times and pressures at which foods were processed, or for the temperatures at which refrigerated products
were stored by the licensee and the furnishing of such records
to the department.
(e) Standards that must be used to establish the temperature and purity of water used in the processing of foods.
[1969 c 68 § 1; 1967 ex.s. c 121 § 2.]
69.07.040
69.07.040 Food processing license—Waiver if
licensed under chapter 15.36 RCW—Expiration date—
Application, contents—Fee. It shall be unlawful for any
person to operate a food processing plant or process foods in
the state without first having obtained an annual license from
the department, which shall expire on a date set by rule by the
director. License fees shall be prorated where necessary to
accommodate staggering of expiration dates. Application for
a license shall be on a form prescribed by the director and
accompanied by the license fee. The license fee is determined
[Title 69 RCW—page 22]
by computing the gross annual sales for the accounting year
immediately preceding the license year. If the license is for a
new operator, the license fee shall be based on an estimated
gross annual sales for the initial license period.
If gross annual sales are:
$0 to $50,000
$50,001 to $500,000
$500,001 to $1,000,000
$1,000,001 to $5,000,000
$5,000,001 to $10,000,000
Greater than $10,000,000
The license fee is:
$ 55.00
$110.00
$220.00
$385.00
$550.00
$825.00
Such application shall include the full name of the applicant
for the license and the location of the food processing plant
he or she intends to operate. If such applicant is an individual,
receiver, trustee, firm, partnership, association or corporation, the full name of each member of the firm or partnership,
or names of the officers of the association or corporation shall
be given on the application. Such application shall further
state the principal business address of the applicant in the
state and elsewhere and the name of a person domiciled in
this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant. The application shall also specify the type of food to be processed and
the method or nature of processing operation or preservation
of that food and any other necessary information. Upon the
approval of the application by the director and compliance
with the provisions of this chapter, including the applicable
regulations adopted hereunder by the department, the applicant shall be issued a license or renewal thereof.
Licenses shall be issued to cover only those products,
processes, and operations specified in the license application
and approved for licensing. Wherever a license holder wishes
to engage in processing a type of food product that is different than the type specified on the application supporting the
licensee’s existing license and processing that type of food
product would require a major addition to or modification of
the licensee’s processing facilities or has a high potential for
harm, the licensee shall submit an amendment to the current
license application. In such a case, the licensee may engage in
processing the new type of food product only after the
amendment has been approved by the department.
If upon investigation by the director, it is determined that
a person is processing food for retail sale and is not under permit, license, or inspection by a local health authority, then
that person may be considered a food processor and subject to
the provisions of this chapter. The director may waive the
licensure requirements of this chapter for a person’s operations at a facility if the person has obtained a milk processing
plant license under chapter 15.36 RCW to conduct the same
or a similar operation at the facility. [1995 c 374 § 21. Prior:
1993 sp.s. c 19 § 11; 1993 c 212 § 2; 1992 c 160 § 3; 1991 c
137 § 3; 1988 c 5 § 1; 1969 c 68 § 2; 1967 ex.s. c 121 § 4.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.07.050 Renewal of license—Additional fee, when.
If the application for renewal of any license provided for
under this chapter is not filed prior to the expiration date as
established by rule by the director, an additional fee of ten
percent of the cost of the license shall be assessed and added
69.07.050
(2006 Ed.)
Washington Food Processing Act
to the original fee and shall be paid by the applicant before
the renewal license shall be issued: PROVIDED, That such
additional fee shall not be charged if the applicant furnishes
an affidavit certifying that he or she has not operated a food
processing plant or processed foods subsequent to the expiration of his or her license. [1992 c 160 § 4; 1991 c 137 § 4;
1988 c 5 § 2; 1967 ex.s. c 121 § 5.]
69.07.060
69.07.060 Denial, suspension or revocation of
license—Grounds. The director may, subsequent to a hearing thereon, deny, suspend or revoke any license provided for
in this chapter if he determines that an applicant has committed any of the following acts:
(1) Refused, neglected or failed to comply with the provisions of this chapter, the rules and regulations adopted
hereunder, or any lawful order of the director.
(2) Refused, neglected or failed to keep and maintain
records required by this chapter, or to make such records
available when requested pursuant to the provisions of this
chapter.
(3) Refused the department access to any portion or area
of the food processing plant for the purpose of carrying out
the provisions of this chapter.
(4) Refused the department access to any records
required to be kept under the provisions of this chapter.
(5) Refused, neglected, or failed to comply with any provisions of chapter 69.04 RCW, Washington Food, Drug, and
Cosmetic Act, or any regulations adopted thereunder.
The provisions of this section requiring that a hearing be
conducted before an action may be taken against a license do
not apply to an action taken under RCW 69.07.065. [1991 c
137 § 5; 1979 c 154 § 19; 1967 ex.s. c 121 § 6.]
Severability—1979 c 154: See note following RCW 15.49.330.
69.07.100
the Administrative Procedure Act, as enacted or hereafter
amended. [1967 ex.s. c 121 § 7.]
69.07.080
69.07.080 Inspections by department—Access—
When. For purpose of determining whether the rules
adopted pursuant to RCW 69.07.020, as now or hereafter
amended are complied with, the department shall have access
for inspection purposes to any part, portion or area of a food
processing plant, and any records required to be kept under
the provisions of this chapter or rules and regulations adopted
hereunder. Such inspection shall, when possible, be made
during regular business hours or during any working shift of
said food processing plant. The department may, however,
inspect such food processing plant at any time when it has
received information that an emergency affecting the public
health has arisen and such food processing plant is or may be
involved in the matters causing such emergency. [1969 c 68
§ 3; 1967 ex.s. c 121 § 8.]
69.07.085 Sanitary certificates—Fee. The department
may issue sanitary certificates to food processors under this
chapter subject to such requirements as it may establish by
rule. The fee for issuance shall be fifty dollars per certificate.
Fees collected under this section shall be deposited in the
agricultural local fund. [1995 c 374 § 23; 1988 c 254 § 9.]
69.07.085
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.07.095
69.07.095 Authority of director and personnel. The
director or the director’s deputies, assistants, and inspectors
are authorized to do all acts and things necessary to carry out
the provisions of this chapter, including the taking of verified
statements. The department personnel are empowered to
administer oaths of verification on the statement. [1991 c
137 § 7.]
69.07.065
69.07.065 Suspension of license summarily—Reinstatement. (1) Whenever the director finds an establishment
operating under conditions that constitute an immediate danger to public health or whenever the licensee or any employee
of the licensee actively prevents the director or the director’s
representative, during an onsite inspection, from determining
whether such a condition exists, the director may summarily
suspend, pending a hearing, a license provided for in this
chapter.
(2) Whenever a license is summarily suspended, the
holder of the license shall be notified in writing that the
license is, upon service of the notice, immediately suspended
and that prompt opportunity for a hearing will be provided.
(3) Whenever a license is summarily suspended, food
processing operations shall immediately cease. However, the
director may reinstate the license when the condition that
caused the suspension has been abated to the director’s satisfaction. [1991 c 137 § 6.]
69.07.070
69.07.070 Rules and regulations, hearings subject to
Administrative Procedure Act. The adoption of any rules
and regulations under the provisions of this chapter, or the
holding of a hearing in regard to a license issued or which
may be issued under the provisions of this chapter shall be
subject to the applicable provisions of chapter 34.05 RCW,
(2006 Ed.)
69.07.100 Establishments exempted from provisions
of chapter. The provisions of this chapter shall not apply to
establishments issued a permit or licensed under the provisions of:
(1) Chapter 69.25 RCW, the Washington wholesome
eggs and egg products act;
(2) Chapter 69.28 RCW, the Washington state honey act;
(3) Chapter 16.49 RCW, the Meat inspection act;
(4) Chapter 77.65 RCW, relating to the direct retail
endorsement for wild-caught seafood;
(5) Title 66 RCW, relating to alcoholic beverage control;
and
(6) Chapter 69.30 RCW, the Sanitary control of shellfish
act. However, if any such establishments process foods not
specifically provided for in the above entitled acts, such
establishments shall be subject to the provisions of this chapter.
The provisions of this chapter shall not apply to restaurants or food service establishments. [2002 c 301 § 10; 1995
c 374 § 22; 1988 c 5 § 4; 1983 c 3 § 168; 1967 ex.s. c 121 §
10.]
69.07.100
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
[Title 69 RCW—page 23]
69.07.103
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.07.103 Chickens—Slaughter, preparation, sale—
One thousand or fewer—Special, temporary permit—
Rules—Fee. (1) A special, temporary permit issued by the
department under this section is required for the slaughter
and preparation of one thousand or fewer pastured chickens
in a calendar year by the agricultural producer of the chickens
for the sale of whole raw chickens by the producer directly to
the ultimate consumer at the producer’s farm, and for such
sale. Such activities shall not be conducted without the permit. However, if the activities are conducted under such a
permit, the activities are exempted from any other licensing
requirements of this chapter.
(2)(a) The department must adopt by rule requirements
for a special, temporary permit for the activities described in
subsection (1) of this section. The requirements must be generally patterned after those established by WAC 246-215-190
as it exists on July 27, 2003, for temporary food service
establishments, but must be tailored specifically to these
slaughter, preparation, and sale activities. The requirements
must include, but are not limited to, those for: Cooling procedures, when applicable; sanitary facilities, equipment, and
utensils; clean water; washing and other hygienic practices;
and waste and wastewater disposal.
(b) The rules must also identify the length of time such a
permit is valid. In determining the length of time, the department must take care to ensure that it is adequate to accommodate the seasonal nature of the permitted activities. In adopting any rule under this section, the department must also
carefully consider the economic constraints on the regulated
activity.
(3) The department shall conduct such inspections of the
activities permitted under this section as are reasonably necessary to ensure compliance with permit requirements.
(4) The fee for a special permit issued under this section
is seventy-five dollars.
(5) For the purposes of this section, "chicken" means the
species Gallus domesticus. [2003 c 397 § 2.]
69.07.103
69.07.110 Enforcement of chapter. The department
may use all the civil remedies provided for in chapter 69.04
RCW (The Uniform Washington Food, Drug, and Cosmetic
Act) in carrying out and enforcing the provisions of this chapter. [1967 ex.s. c 121 § 11.]
69.07.110
69.07.120 Disposition of money into food processing
inspection account. All moneys received by the department
under the provisions of this chapter shall be paid into the food
processing inspection account hereby created within the agricultural local fund established in RCW 43.23.230 and shall
be used solely to carry out the provisions of this chapter and
chapter 69.04 RCW. [1992 c 160 § 5; 1967 ex.s. c 121 § 12.]
69.07.120
69.07.135 Unlawful to sell or distribute food from
unlicensed processor. It shall be unlawful to resell, to offer
for resale, or to distribute for resale in intrastate commerce
any food processed in a food processing plant, which has not
obtained a license, as provided for in this chapter, once notification by the director has been given to the person or persons reselling, offering, or distributing food for resale, that
said food is from an unlicensed processing operation. [1991
c 137 § 8.]
69.07.135
[Title 69 RCW—page 24]
69.07.140 Violations—Warning notice. Nothing in
this chapter shall be construed as requiring the department to
report for prosecution violations of this chapter when it
believes that the public interest will best be served by a suitable notice of warning in writing. [1967 ex.s. c 121 § 14.]
69.07.140
69.07.150 Violations—Penalties. (1)(a) Except as provided in (b) of this subsection, any person violating any provision of this chapter or any rule or regulation adopted hereunder is guilty of a misdemeanor.
(b) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense.
(2) Whenever the director finds that a person has committed a violation of any of the provisions of this chapter, and
that violation has not been punished pursuant to subsection
(1) of this section, the director may impose upon and collect
from the violator a civil penalty not exceeding one thousand
dollars per violation per day. Each violation shall be a separate and distinct offense. [2003 c 53 § 316; 1991 c 137 § 9;
1967 ex.s. c 121 § 15.]
69.07.150
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.07.160
69.07.160 Authority of director and department
under chapter 69.04 RCW not impaired by any provision
of chapter 69.07 RCW. The authority granted to the director
and to the department under the provisions of the Uniform
Washington Food, Drug, and Cosmetic Act (chapter 69.04
RCW), as now or hereafter amended, shall not be deemed to
be reduced or otherwise impaired as a result of any provision
or provisions of the Washington Food Processing Act (chapter 69.07 RCW). [1969 c 68 § 4.]
69.07.170 Definitions. As used in RCW 69.07.180 and
69.07.190:
(1) "Artesian water" means bottled water from a well
tapping a confined aquifer in which the water level stands
above the water table. "Artesian water" shall meet the
requirements of "natural water."
(2) "Bottled water" means water that is placed in a sealed
container or package and is offered for sale for human consumption or other consumer uses.
(3) "Carbonated water" or "sparkling water" means bottled water containing carbon dioxide.
(4) "Department" means the department of agriculture.
(5) "Distilled water" means bottled water that has been
produced by a process of distillation and meets the definition
of purified water in the most recent edition of the United
States Pharmacopeia.
(6) "Drinking water" means bottled water obtained from
an approved source that has at minimum undergone treatment
consisting of filtration, activated carbon or particulate, and
ozonization or an equivalent disinfection process, or that
meets the requirements of the federal safe drinking water act
of 1974 as amended and complies with all department of
health rules regarding drinking water.
(7) "Mineral water" means bottled water that contains
not less than five hundred parts per million total dissolved
solids. "Natural mineral water" shall meet the requirements
of "natural water."
69.07.170
(2006 Ed.)
Food Storage Warehouses
(8) "Natural water" means bottled spring, mineral, artesian, or well water that is derived from an underground formation and may be derived from a public water system as
defined in RCW 70.119A.020 only if that supply has a single
source such as an actual spring, artesian well, or pumped
well, and has not undergone any treatment that changes its
original chemical makeup except ozonization or an equivalent disinfection process.
(9) "Plant operator" means a person who owns or operates a bottled water plant.
(10) "Purified water" means bottled water produced by
distillation, deionization, reverse osmosis, or other suitable
process and that meets the definition of purified water in the
most recent edition of the United States Pharmacopeia. Water
that meets this definition and is vaporized, then condensed,
may be labeled "distilled water."
(11) "Spring water" means water derived from an underground formation from which water flows naturally to the
surface of the earth. "Spring water" shall meet the requirements of "natural water."
(12) "Water dealer" means a person who imports bottled
water or causes bulk water to be transported for bottling for
human consumption or other consumer uses.
(13) "Well water" means water from a hole bored,
drilled, or otherwise constructed in the ground that taps the
water of an aquifer. "Well water" shall meet the requirements
of "natural water." [1992 c 34 § 1.]
Severability—1992 c 34: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1992 c 34 § 9.]
Chapter 69.10
(8) Drinking water may be labeled "drinking water."
(9) The use of the word "spring," or any derivative of
"spring" other than in a trademark, trade name, or company
name, to describe water that is not spring water is prohibited.
(10) A product meeting more than one of the definitions
in RCW 69.07.170 may be identified by any of the applicable
product types defined in RCW 69.07.170, except where otherwise specifically prohibited.
(11) Supplemental printed information and graphics may
appear on the label but shall not imply properties of the product or preparation methods that are not factual. [1992 c 34 §
6.]
Severability—1992 c 34: See note following RCW 69.07.170.
69.07.190 Bottled soft drinks, soda, or seltzer exempt
from bottled water labeling requirements. Bottled soft
drinks, soda, or seltzer products commonly recognized as soft
drinks and identified on the product identity panel with a
common or usual name other than one of those specified in
RCW 69.07.170 are exempt from the requirements of RCW
69.07.180. Water that is not in compliance with the requirements of RCW 69.07.180 may not be identified, labeled, or
advertised as "artesian water," "bottled water," "distilled
water," "natural water," "purified water," "spring water," or
"well water." [1992 c 34 § 7.]
69.07.190
Severability—1992 c 34: See note following RCW 69.07.170.
69.07.900 Chapter is cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [1967 ex.s. c
121 § 16.]
69.07.900
69.07.180
69.07.180 Bottled water labeling standards. All bottled water must conform to applicable federal and state labeling laws and be labeled in compliance with the following
standards:
(1) Mineral water may be labeled "mineral water." Bottled water to which minerals are added shall be labeled so as
to disclose that minerals are added, and may not be labeled
"natural mineral water."
(2) Spring water may be labeled "spring water" or "natural spring water."
(3) Water containing carbon dioxide that emerges from
the source and is bottled directly with its entrapped gas or
from which the gas is mechanically separated and later reintroduced at a level not higher than naturally occurring in the
water may bear on its label the words "naturally carbonated"
or "naturally sparkling."
(4) Bottled water that contains carbon dioxide other than
that naturally occurring in the source of the product shall be
labeled with the words "carbonated," "carbonation added," or
"sparkling" if the carbonation is obtained from a natural or
manufactured source.
(5) Well water may be labeled "well water" or "natural
well water."
(6) Artesian water may be labeled "artesian water" or
"natural artesian water."
(7) Purified water may be labeled "purified water" and
the method of preparation shall be stated on the label, except
that purified water produced by distillation may be labeled as
"distilled water."
(2006 Ed.)
69.07.910 Severability—1967 ex.s. c 121. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1967 ex.s. c 121 § 17.]
69.07.910
69.07.920 Short title. This chapter shall be known and
designated as the Washington food processing act. [1967
ex.s. c 121 § 18.]
69.07.920
Chapter 69.10
Chapter 69.10 RCW
FOOD STORAGE WAREHOUSES
Sections
69.10.005
69.10.010
69.10.015
69.10.020
69.10.025
69.10.030
69.10.035
69.10.040
69.10.045
69.10.050
69.10.055
Definitions.
Inspection of food storage warehouses—Powers of director.
Annual license required—Director’s duties—Fee—Application—Renewal.
Exemption from licensure—Independent inspection—Report
to department.
Application for renewal of license after expiration date—
Additional fee.
Director may deny, suspend, or revoke license—Actions by
applicant—Hearing required.
Immediate danger to public health—Summarily suspending
license—Written notification—Hearing—Reinstatement of
license.
Unlicensed food storage warehouse—Unlawful to sell, offer
for sale, or distribute in intrastate commerce.
Disposition of moneys received under this chapter.
Civil remedies—Restrictions on civil penalties—Fee limitations for inspections and analyses.
Rules.
[Title 69 RCW—page 25]
69.10.005
69.10.060
69.10.900
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
Director and deputies, assistants, and inspectors authorized to
act—May take verified statements.
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68.
69.10.005
69.10.005 Definitions. For the purpose of this chapter:
(1) "Food storage warehouse" means any premises,
establishment, building, room area, facility, or place, in
whole or in part, where food is stored, kept, or held for
wholesale distribution to other wholesalers or to retail outlets,
restaurants, and any such other facility selling or distributing
to the ultimate consumer. Food storage warehouses include,
but are not limited to, facilities where food is kept or held
refrigerated or frozen and include facilities where food is
stored to the account of another firm and/or is owned by the
food storage warehouse. "Food storage warehouse" does not
include grain elevators or fruit and vegetable storage and
packing houses that store, pack, and ship fresh fruit and vegetables even though they may use refrigerated or controlled
atmosphere storage practices in their operation. However,
this chapter applies to multiple food storage operations that
also distribute or ripen fruits and vegetables.
(2) "Department" means the Washington department of
agriculture.
(3) "Director" means the director of the Washington
department of agriculture.
(4) "Food" means the same as defined in RCW
69.04.008.
(5) "Independent sanitation consultant" means an individual, partnership, cooperative, or corporation that by reason of education, certification, and experience has satisfactorily demonstrated expertise in food and dairy sanitation and is
approved by the director to advise on such areas including,
but not limited to: Principles of cleaning and sanitizing food
processing plants and equipment; rodent, insect, bird, and
other pest control; principals [principles] of hazard analysis
critical control point; basic food product labeling; principles
of proper food storage and protection; proper personnel work
practices and attire; sanitary design, construction, and installation of food plant facilities, equipment, and utensils; and
other pertinent food safety issues. [1995 c 374 § 8.]
69.10.010
69.10.010 Inspection of food storage warehouses—
Powers of director. The director or his or her representative
may inspect food storage warehouses for compliance with the
provisions of chapter 69.04 RCW and the rules adopted under
chapter 69.04 RCW as deemed necessary by the director.
Any food storage warehouse found to not be in substantial
compliance with chapter 69.04 RCW and the rules adopted
under chapter 69.04 RCW will be reinspected as deemed necessary by the director to determine compliance. This does not
preclude the director from using any other remedies as provided under chapter 69.04 RCW to gain compliance or to
embargo products as provided under RCW 69.04.110 to protect the public from adulterated foods. [1995 c 374 § 9.]
69.10.015
69.10.015 Annual license required—Director’s
duties—Fee—Application—Renewal. Except as provided
in this section and RCW 69.10.020, it shall be unlawful for
any person to operate a food storage warehouse in the state
without first having obtained an annual license from the
department, which shall expire on a date set by rule by the
[Title 69 RCW—page 26]
director. Application for a license or license renewal shall be
on a form prescribed by the director and accompanied by the
license fee. The license fee is fifty dollars.
For a food storage warehouse that has been inspected on
at least an annual basis for compliance with the provisions of
the current good manufacturing practices (Title 21 C.F.R.
part 110) by a federal agency or by a state agency acting on
behalf of and under contract with a federal agency and that is
not exempted from licensure by RCW 69.10.020, the annual
license fee for the warehouse is twenty-five dollars.
The application shall include the full name of the applicant for the license and the location of the food storage warehouse he or she intends to operate. If such applicant is an
individual, receiver, trustee, firm, partnership, association, or
corporation, the full name of each member of the firm or partnership, or names of the officers of the association or corporation must be given on the application. The application shall
further state the principal business address of the applicant in
the state and elsewhere and the name of a person domiciled in
this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant. Upon the
approval of the application by the director and compliance
with the provisions of this chapter, including the applicable
regulations adopted under this chapter by the department, the
applicant shall be issued a license or renewal thereof. The
director shall waive licensure under this chapter for firms that
are licensed under the provisions of chapter 69.07 or 15.36
RCW. [1995 c 374 § 10.]
69.10.020
69.10.020 Exemption from licensure—Independent
inspection—Report to department. A food storage warehouse that is inspected for compliance with the current good
manufacturing practices (Title 21 C.F.R. part 110) on at least
an annual basis by an independent sanitation consultant
approved by the department shall be exempted from licensure
under this chapter.
A report identifying the inspector and the inspecting
entity, the date of the inspection, and any violations noted on
such inspection shall be forwarded to the department by the
food storage warehouse within sixty days of the completion
of the inspection. An inspection shall be conducted and an
inspection report for a food storage warehouse shall be filed
with the department at least once every twelve months or the
warehouse shall be licensed under this chapter and inspected
by the department for a period of two years. [1995 c 374 §
11.]
69.10.025
69.10.025 Application for renewal of license after
expiration date—Additional fee. If the application for
renewal of any license provided for under this chapter is not
filed prior to the expiration date as established by rule by the
director, an additional fee of ten percent of the cost of the
license shall be assessed and added to the original fee and
must be paid by the applicant before the renewal license is
issued. [1995 c 374 § 12.]
69.10.030
69.10.030 Director may deny, suspend, or revoke
license—Actions by applicant—Hearing required. The
director may, subsequent to a hearing thereon, deny, suspend,
or revoke any license provided for in this chapter if he or she
(2006 Ed.)
Washington Wholesome Eggs and Egg Products Act
determines that an applicant has committed any of the following acts:
(1) Refused, neglected, or failed to comply with the provisions of this chapter, the rules adopted under this chapter,
or any lawful order of the director;
(2) Refused, neglected, or failed to keep and maintain
records required by this chapter, or to make such records
available if requested pursuant to the provisions of this chapter;
(3) Refused the department access to any portion or area
of the food storage warehouse for the purpose of carrying out
the provisions of this chapter;
(4) Refused the department access to any records
required to be kept under the provisions of this chapter;
(5) Refused, neglected, or failed to comply with any provisions of chapter 69.04 RCW, Washington food, drug, and
cosmetic act, or any rules adopted under chapter 69.04 RCW.
The provisions of this section requiring that a hearing be
conducted before an action may be taken against a license do
not apply to an action taken under RCW 69.10.035. [1995 c
374 § 13.]
69.10.035
69.10.035 Immediate danger to public health—Summarily suspending license—Written notification—Hearing—Reinstatement of license. (1) Whenever the director
finds a food storage warehouse operating under conditions
that constitute an immediate danger to public health or whenever the licensee or any employee of the licensee actively
prevents the director or the director’s representative, during
an on-site inspection, from determining whether such a condition exists, the director may summarily suspend, pending a
hearing, a license provided for in this chapter.
(2) Whenever a license is summarily suspended, the
holder of the license shall be notified in writing that the
license is, upon service of the notice, immediately suspended
and that prompt opportunity for a hearing will be provided.
(3) Whenever a license is summarily suspended, food
distribution operations shall immediately cease. However,
the director may reinstate the license if the condition that
caused the suspension has been abated to the director’s satisfaction. [1995 c 374 § 14.]
Chapter 69.25
for civil penalties levied under this chapter shall be deposited
in the state general fund. [1995 c 374 § 16.]
69.10.050
69.10.050 Civil remedies—Restrictions on civil penalties—Fee limitations for inspections and analyses. (1)
Except as provided in subsection (2) of this section, the
department may use all the civil remedies provided under
chapter 69.04 RCW in carrying out and enforcing the provisions of this chapter.
(2) Civil penalties are intended to be used to obtain compliance and shall not be collected if a warehouse successfully
completes a mutually agreed upon compliance agreement
with the department. A warehouse that enters into a compliance agreement with the department shall pay only for
inspections conducted by the department and any laboratory
analyses as required by the inspections as outlined and agreed
to in the compliance agreement. In no event shall the fee for
these inspections and analyses exceed four hundred dollars
per inspection or one thousand dollars in total. [1995 c 374 §
17.]
69.10.055
69.10.055 Rules. (1) The department shall enforce and
carry out the provisions of this chapter and may adopt the
necessary rules to carry out its purpose.
(2) The adoption of rules under the provisions of this
chapter are subject to the applicable provisions of chapter
34.05 RCW, the administrative procedure act. [1995 c 374 §
18.]
69.10.060
69.10.060 Director and deputies, assistants, and
inspectors authorized to act—May take verified statements. The director or director’s deputies, assistants, and
inspectors are authorized to do all acts and things necessary
to carry out the provisions of this chapter, including the taking of verified statements. The department personnel are
empowered to administer oaths of verification on the statement. [1995 c 374 § 19.]
69.10.900
69.10.900 Effective date—1995 c 374 §§ 1-47, 50-53,
and 59-68. See note following RCW 15.36.012.
Chapter 69.25 RCW
WASHINGTON WHOLESOME EGGS AND EGG
PRODUCTS ACT
Chapter 69.25
69.10.040
69.10.040 Unlicensed food storage warehouse—
Unlawful to sell, offer for sale, or distribute in intrastate
commerce. It is unlawful to sell, offer for sale, or distribute
in intrastate commerce food from or stored in a food storage
warehouse that is required to be licensed under this chapter
but that has not obtained a license, once notification by the
director has been given to the persons selling, offering, or distributing food for sale, that the food is in or from such an unlicensed food storage warehouse. [1995 c 374 § 15.]
Sections
69.25.010
69.25.020
69.25.030
69.25.040
69.25.050
69.25.060
69.25.070
69.10.045
69.10.045 Disposition of moneys received under this
chapter. All moneys received by the department under provisions of this chapter, except moneys collected for civil penalties levied under this chapter, shall be paid into an account
created in the agricultural local fund established in RCW
43.23.230 and shall be used solely to carry out provisions of
this chapter and chapter 69.04 RCW. All moneys collected
(2006 Ed.)
69.25.080
69.25.090
69.25.100
Legislative finding.
Definitions.
Purpose—Certain federal rules adopted by reference—Hearing, notice by director—Adoption of rules by director.
Application of administrative procedure act.
Egg handler’s or dealer’s license and number—Branch
license—Application, fee, posting required, procedure.
Egg handler’s or dealer’s license—Late renewal fee.
Egg handler’s or dealer’s license—Denial, suspension, revocation, or conditional issuance.
Continuous inspection at processing plants—Exemptions—
Condemnation and destruction of adulterated eggs and egg
products—Reprocessing—Appeal—Inspections of egg handlers.
Sanitary operation of official plants—Inspection refused if
requirements not met.
Egg products—Pasteurization—Labeling requirements—
False or misleading labels or containers—Director may
order use of withheld—Hearing, determination, and appeal.
[Title 69 RCW—page 27]
69.25.010
69.25.110
69.25.120
69.25.130
69.25.140
69.25.150
69.25.155
69.25.160
69.25.170
69.25.180
69.25.190
69.25.200
69.25.210
69.25.220
69.25.230
69.25.240
69.25.250
69.25.260
69.25.270
69.25.280
69.25.290
69.25.300
69.25.310
69.25.320
69.25.900
69.25.910
69.25.920
69.25.930
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
Prohibited acts and practices.
Director to cooperate with other agencies—May conduct
examinations.
Eggs or egg products not intended for use as human food—
Identification or denaturing required.
Records required, access to and copying of.
Penalties—Liability of employer—Defense.
Interference with person performing official duties.
Notice of violation—May take place of prosecution.
Exemptions permitted by rule of director.
Limiting entry of eggs and egg products into official plants.
Embargo of eggs or egg products in violation of this chapter—
Time limit—Removal of official marks.
Embargo—Petition for court order affirming—Removal of
embargo or destruction or correction and release—Court
costs, fees, administrative expenses—Bond may be required.
Embargo—Order affirming not required, when.
Embargo—Consolidation of petitions.
Embargo—Sampling of article.
Condemnation—Recovery of damages restricted.
Assessment—Rate, applicability, time of payment—
Reports—Contents, frequency.
Assessment—Prepayment by purchase of egg seals—Permit
for printing seal on containers or labels.
Assessment—Monthly payment—Audit—Failure to pay, penalty.
Assessment—Use of proceeds.
Assessment—Exclusions.
Transfer of moneys in state egg account.
Containers—Marking required—Obliteration of previous
markings required for reuse—Temporary use of another handler’s or dealer’s permanent number—Penalty.
Records required, additional—Sales to retailer or food service—Exception—Defense to charged violation—Sale of
eggs deteriorated due to storage time—Requirements for
storage, display, or transportation.
Savings.
Chapter is cumulative and nonexclusive.
Severability—1975 1st ex.s. c 201.
Short title.
69.25.010 Legislative finding. Eggs and egg products
are an important source of the state’s total supply of food, and
are used in food in various forms. They are consumed
throughout the state and the major portion thereof moves in
intrastate commerce. It is essential, in the public interest, that
the health and welfare of consumers be protected by the
adoption of measures prescribed herein for assuring that eggs
and egg products distributed to them and used in products
consumed by them are wholesome, otherwise not adulterated,
and properly labeled and packaged. Lack of effective regulation for the handling or disposition of unwholesome, otherwise adulterated, or improperly labeled or packaged egg
products and certain qualities of eggs is injurious to the public welfare and destroys markets for wholesome, unadulterated, and properly labeled and packaged eggs and egg products and results in sundry losses to producers and processors,
as well as injury to consumers. Unwholesome, otherwise
adulterated, or improperly labeled or packaged products can
be sold at lower prices and compete unfairly with the wholesome, unadulterated, and properly labeled and packaged
products, to the detriment of consumers and the public generally. It is hereby found that all egg products and the qualities
of eggs which are regulated under this chapter are either in
intrastate commerce, or substantially affect such commerce,
and that regulation by the director, as contemplated by this
chapter, is appropriate to protect the health and welfare of
consumers. [1975 1st ex.s. c 201 § 2.]
69.25.010
69.25.020 Definitions. When used in this chapter the
following terms shall have the indicated meanings, unless the
context otherwise requires:
69.25.020
[Title 69 RCW—page 28]
(1) "Department" means the department of agriculture of
the state of Washington.
(2) "Director" means the director of the department or
his duly authorized representative.
(3) "Person" means any natural person, firm, partnership,
exchange, association, trustee, receiver, corporation, and any
member, officer, or employee thereof, or assignee for the
benefit of creditors.
(4) "Adulterated" applies to any egg or egg product
under one or more of the following circumstances:
(a) If it bears or contains any poisonous or deleterious
substance which may render it injurious to health; but in case
the substance is not an added substance, such article shall not
be considered adulterated under this clause if the quantity of
such substance in or on such article does not ordinarily render
it injurious to health;
(b) If it bears or contains any added poisonous or added
deleterious substance (other than one which is: (i) A pesticide chemical in or on a raw agricultural commodity; (ii) a
food additive; or (iii) a color additive) which may, in the
judgment of the director, make such article unfit for human
food;
(c) If it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide
chemical which is unsafe within the meaning of RCW
69.04.392, as enacted or hereafter amended;
(d) If it bears or contains any food additive which is
unsafe within the meaning of RCW 69.04.394, as enacted or
hereafter amended;
(e) If it bears or contains any color additive which is
unsafe within the meaning of RCW 69.04.396, as enacted or
hereafter amended: PROVIDED, That an article which is not
otherwise deemed adulterated under subsection (4)(c), (d), or
(e) of this section shall nevertheless be deemed adulterated if
use of the pesticide chemical, food additive, or color additive,
in or on such article, is prohibited by regulations of the director in official plants;
(f) If it consists in whole or in part of any filthy, putrid,
or decomposed substance, or if it is otherwise unfit for human
food;
(g) If it consists in whole or in part of any damaged egg
or eggs to the extent that the egg meat or white is leaking, or
it has been contacted by egg meat or white leaking from other
eggs;
(h) If it has been prepared, packaged, or held under
insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
(i) If it is an egg which has been subjected to incubation
or the product of any egg which has been subjected to incubation;
(j) If its container is composed, in whole or in part, of
any poisonous or deleterious substance which may render the
contents injurious to health;
(k) If it has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to RCW 69.04.394; or
(l) If any valuable constituent has been in whole or in
part omitted or abstracted therefrom; or if any substance has
been substituted, wholly or in part therefor; or if damage or
inferiority has been concealed in any manner; or if any sub(2006 Ed.)
Washington Wholesome Eggs and Egg Products Act
stance has been added thereto or mixed or packed therewith
so as to increase its bulk or weight, or reduce its quality or
strength, or make it appear better or of greater value than it is.
(5) "Capable of use as human food" shall apply to any
egg or egg product unless it is denatured, or otherwise identified, as required by regulations prescribed by the director, to
deter its use as human food.
(6) "Intrastate commerce" means any eggs or egg products in intrastate commerce, whether such eggs or egg products are intended for sale, held for sale, offered for sale, sold,
stored, transported, or handled in this state in any manner and
prepared for eventual distribution in this state, whether at
wholesale or retail.
(7) "Container" or "package" includes any box, can, tin,
plastic, or other receptacle, wrapper, or cover.
(8) "Immediate container" means any consumer package, or any other container in which egg products, not consumer-packaged, are packed.
(9) "Shipping container" means any container used in
packaging a product packed in an immediate container.
(10) "Egg handler" or "dealer" means any person who
produces, contracts for or obtains possession or control of
any eggs for the purpose of sale to another dealer or retailer,
or for processing and sale to a dealer, retailer or consumer:
PROVIDED, That for the purpose of this chapter, "sell" or
"sale" includes the following: Offer for sale, expose for sale,
have in possession for sale, exchange, barter, trade, or as an
inducement for the sale of another product.
(11) "Egg product" means any dried, frozen, or liquid
eggs, with or without added ingredients, excepting products
which contain eggs only in a relatively small proportion, or
historically have not been, in the judgment of the director,
considered by consumers as products of the egg food industry, and which may be exempted by the director under such
conditions as he may prescribe to assure that the egg ingredients are not adulterated and such products are not represented
as egg products.
(12) "Egg" means the shell egg of the domesticated
chicken, turkey, duck, goose, or guinea, or any other specie
of fowl.
(13) "Check" means an egg that has a broken shell or
crack in the shell but has its shell membranes intact and contents not leaking.
(14) "Clean and sound shell egg" means any egg whose
shell is free of adhering dirt or foreign material and is not
cracked or broken.
(15) "Dirty egg" means an egg that has a shell that is
unbroken and has adhering dirt or foreign material.
(16) "Incubator reject" means an egg that has been subjected to incubation and has been removed from incubation
during the hatching operations as infertile or otherwise
unhatchable.
(17) "Inedible" means eggs of the following descriptions: Black rots, yellow rots, white rots, mixed rots (addled
eggs), sour eggs, eggs with green whites, eggs with stuck
yolks, moldy eggs, musty eggs, eggs showing blood rings,
and eggs containing embryo chicks (at or beyond the blood
ring stage).
(18) "Leaker" means an egg that has a crack or break in
the shell and shell membranes to the extent that the egg con(2006 Ed.)
69.25.020
tents are exposed or are exuding or free to exude through the
shell.
(19) "Loss" means an egg that is unfit for human food
because it is smashed or broken so that its contents are leaking; or overheated, frozen, or contaminated; or an incubator
reject; or because it contains a bloody white, large meat spots,
a large quantity of blood, or other foreign material.
(20) "Restricted egg" means any check, dirty egg, incubator reject, inedible, leaker, or loss.
(21) "Inspection" means the application of such inspection methods and techniques as are deemed necessary by the
director to carry out the provisions of this chapter.
(22) "Inspector" means any employee or official of the
department authorized to inspect eggs or egg products under
the authority of this chapter.
(23) "Misbranded" shall apply to egg products which are
not labeled and packaged in accordance with the requirements prescribed by regulations of the director under RCW
69.25.100.
(24) "Official certificate" means any certificate prescribed by regulations of the director for issuance by an
inspector or other person performing official functions under
this chapter.
(25) "Official device" means any device prescribed or
authorized by the director for use in applying any official
mark.
(26) "Official inspection legend" means any symbol prescribed by regulations of the director showing that egg products were inspected in accordance with this chapter.
(27) "Official mark" means the official inspection legend
or any other symbol prescribed by regulations of the director
to identify the status of any article under this chapter.
(28) "Official plant" means any plant which is licensed
under the provisions of this chapter, at which inspection of
the processing of egg products is maintained by the United
States department of agriculture or by the state under cooperative agreements with the United States department of agriculture or by the state.
(29) "Official standards" means the standards of quality,
grades, and weight classes for eggs, adopted under the provisions of this chapter.
(30) "Pasteurize" means the subjecting of each particle
of egg products to heat or other treatments to destroy harmful, viable micro-organisms by such processes as may be prescribed by regulations of the director.
(31) "Pesticide chemical", "food additive", "color additive", and "raw agricultural commodity" shall have the same
meaning for purposes of this chapter as prescribed in chapter
69.04 RCW.
(32) "Plant" means any place of business where egg
products are processed.
(33) "Processing" means manufacturing egg products,
including breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling, freezing, drying, or packaging
egg products.
(34) "Retailer" means any person in intrastate commerce
who sells eggs to a consumer.
(35) "At retail" means any transaction in intrastate commerce between a retailer and a consumer.
(36) "Consumer" means any person who purchases eggs
for his or her own family use or consumption; or any restau[Title 69 RCW—page 29]
69.25.030
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
rant, hotel, boarding house, bakery, or other institution or
concern which purchases eggs for serving to guests or
patrons thereof, or for its own use in cooking or baking.
(37) "Candling" means the examination of the interior of
eggs by the use of transmitted light used in a partially dark
room or place.
(38) "Master license system" means the mechanism
established by chapter 19.02 RCW by which master licenses,
endorsed for individual state-issued licenses, are issued and
renewed utilizing a master application and a master license
expiration date common to each renewable license endorsement.
(39) "Ambient temperature" means the atmospheric temperature surrounding or encircling shell eggs. [1995 c 374 §
25; 1982 c 182 § 42; 1975 1st ex.s. c 201 § 3.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Severability—1982 c 182: See RCW 19.02.901.
69.25.030
69.25.030 Purpose—Certain federal rules adopted
by reference—Hearing, notice by director—Adoption of
rules by director. The purpose of this chapter is to promote
uniformity of state legislation and regulations with the federal egg products inspection act, 21 U.S.C. sec. 1031, et seq.,
and regulations adopted thereunder. In accord with such
declared purpose, any regulations adopted under the federal
egg products inspection act relating to eggs and egg products,
as defined in RCW 69.25.020 (11) and (12), in effect on July
1, 1975, are hereby deemed to have been adopted under the
provisions hereof. Further, to promote such uniformity, any
regulations adopted hereafter under the provisions of the federal egg products inspection act relating to eggs and egg
products, as defined in RCW 69.25.020 (11) and (12), and
published in the federal register, shall be deemed to have
been adopted under the provisions of this chapter in accord
with chapter 34.05 RCW, as now or hereafter amended. The
director may, however, within thirty days of the publication
of the adoption of any such regulation under the federal egg
products inspection act, give public notice that a hearing will
be held to determine if such regulations shall not be applicable under the provisions of this chapter. Such hearing shall be
in accord with the requirements of chapter 34.05 RCW, as
now or hereafter amended.
The director, in addition to the foregoing, may adopt any
rule and regulation necessary to carry out the purpose and
provisions of this chapter. [1975 1st ex.s. c 201 § 4.]
dealer’s number from the department; such license shall
expire on the master license expiration date. Application for
an egg dealer license or egg dealer branch license, shall be
made through the master license system. The annual egg
dealer license fee shall be thirty dollars and the annual egg
dealer branch license fee shall be fifteen dollars. A copy of
the master license shall be posted at each location where such
licensee operates. Such application shall include the full
name of the applicant for the license and the location of each
facility he intends to operate. If such applicant is an individual, receiver, trustee, firm, partnership, association or corporation, the full name of each member of the firm or partnership or the names of the officers of the association or corporation shall be given on the application. Such application
shall further state the principal business address of the applicant in the state and elsewhere and the name of a person
domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant
and any other necessary information prescribed by the director. Upon the approval of the application and compliance
with the provisions of this chapter, including the applicable
regulations adopted hereunder by the department, the applicant shall be issued a license or renewal thereof. Such license
and permanent egg handler or dealer’s number shall be nontransferable. [1995 c 374 § 26; 1982 c 182 § 43; 1975 1st
ex.s. c 201 § 6.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Severability—1982 c 182: See RCW 19.02.901.
Master license—Expiration date: RCW 19.02.090.
Master license system
definition: RCW 69.25.020(38).
existing licenses or permits registered under, when: RCW 19.02.810.
to include additional licenses: RCW 19.02.110.
69.25.060 Egg handler’s or dealer’s license—Late
renewal fee. If the application for the renewal of an egg handler’s or dealer’s license is not filed before the master license
expiration date, the master license delinquency fee shall be
assessed under chapter 19.02 RCW and shall be paid by the
applicant before the renewal license shall be issued. [1982 c
182 § 44; 1975 1st ex.s. c 201 § 7.]
69.25.060
Severability—1982 c 182: See RCW 19.02.901.
Master license
delinquency fee—Rate—Disposition: RCW 19.02.085.
expiration date: RCW 19.02.090.
system—Existing licenses or permits registered under, when: RCW
19.02.810.
69.25.040
69.25.040 Application of administrative procedure
act. The adoption, amendment, modification, or revocation
of any rules or regulations under the provisions of this chapter, or the holding of a hearing in regard to a license issued or
which may be issued or denied under the provisions of this
chapter, shall be subject to the applicable provisions of chapter 34.05 RCW, the administrative procedure act, as now or
hereafter amended. [1975 1st ex.s. c 201 § 5.]
69.25.050
69.25.050 Egg handler’s or dealer’s license and number—Branch license—Application, fee, posting required,
procedure. No person shall act as an egg handler or dealer
without first obtaining an annual license and permanent
[Title 69 RCW—page 30]
69.25.070
69.25.070 Egg handler’s or dealer’s license—Denial,
suspension, revocation, or conditional issuance. The
department may deny, suspend, revoke, or issue a license or a
conditional license if it determines that an applicant or licensee has committed any of the following acts:
(1) That the applicant or licensee is violating or has violated any of the provisions of this chapter or rules and regulations adopted thereunder.
(2) That the application contains any materially false or
misleading statement or involves any misrepresentation by
any officer, agent, or employee of the applicant.
(3) That the applicant or licensee has concealed or withheld any facts regarding any violation of this chapter by any
(2006 Ed.)
Washington Wholesome Eggs and Egg Products Act
officer, agent, or employee of the applicant or licensee.
[1975 1st ex.s. c 201 § 8.]
69.25.080
69.25.080 Continuous inspection at processing
plants—Exemptions—Condemnation and destruction of
adulterated eggs and egg products—Reprocessing—
Appeal—Inspections of egg handlers. (1) For the purpose
of preventing the entry into or movement in intrastate commerce of any egg product which is capable of use as human
food and is misbranded or adulterated, the director shall,
whenever processing operations are being conducted, unless
under inspection by the United States department of agriculture, cause continuous inspection to be made, in accordance
with the regulations promulgated under this chapter, of the
processing of egg products, in each plant processing egg
products for commerce, unless exempted under RCW
69.25.170. Without restricting the application of the preceding sentence to other kinds of establishments within its provisions, any food manufacturing establishment, institution, or
restaurant which uses any eggs that do not meet the requirements of RCW 69.25.170(1)(a) in the preparation of any articles for human food, shall be deemed to be a plant processing
egg products, with respect to such operations.
(2) The director, at any time, shall cause such retention,
segregation, and reinspection as he deems necessary of eggs
and egg products capable of use as human food in each official plant.
(3) Eggs and egg products found to be adulterated at official plants shall be condemned, and if no appeal be taken
from such determination or condemnation, such articles shall
be destroyed for human food purposes under the supervision
of an inspector: PROVIDED, That articles which may by
reprocessing be made not adulterated need not be condemned
and destroyed if so reprocessed under the supervision of an
inspector and thereafter found to be not adulterated. If an
appeal be taken from such determination, the eggs or egg
products shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be
at the cost of the appellant if the director determines that the
appeal is frivolous. If the determination of condemnation is
sustained, the eggs or egg products shall be destroyed for
human food purposes under the supervision of an inspector.
(4) The director shall cause such other inspections to be
made of the business premises, facilities, inventory, operations, and records of egg handlers, and the records and inventory of other persons required to keep records under RCW
69.25.140, as he deems appropriate (and in the case of shell
egg packers, packing eggs for the ultimate consumer, at least
once each calendar quarter) to assure that only eggs fit for
human food are used for such purpose, and otherwise to
assure compliance by egg handlers and other persons with the
requirements of RCW 69.25.140, except that the director
shall cause such inspections to be made as he deems appropriate to assure compliance with such requirements at food
manufacturing establishments, institutions, and restaurants,
other than plants processing egg products. Representatives of
the director shall be afforded access to all such places of business for purposes of making the inspections provided for in
this chapter. [1975 1st ex.s. c 201 § 9.]
(2006 Ed.)
69.25.110
69.25.090
69.25.090 Sanitary operation of official plants—
Inspection refused if requirements not met. (1) The operator of each official plant shall operate such plant in accordance with such sanitary practices and shall have such premises, facilities, and equipment as are required by regulations
promulgated by the director to effectuate the purposes of this
chapter, including requirements for segregation and disposition of restricted eggs.
(2) The director shall refuse to render inspection to any
plant whose premises, facilities, or equipment, or the operation thereof, fail to meet the requirements of this section.
[1975 1st ex.s. c 201 § 10.]
69.25.100
69.25.100 Egg products—Pasteurization—Labeling
requirements—False or misleading labels or containers—
Director may order use of withheld—Hearing, determination, and appeal. (1) Egg products inspected at any official plant under the authority of this chapter and found to be
not adulterated shall be pasteurized before they leave the official plant, except as otherwise permitted by regulations of the
director, and shall at the time they leave the official plant,
bear in distinctly legible form on their shipping containers or
immediate containers, or both, when required by regulations
of the director, the official inspection legend and official
plant number, of the plant where the products were processed, and such other information as the director may
require by regulations to describe the products adequately
and to assure that they will not have false or misleading labeling.
(2) No labeling or container shall be used for egg products at official plants if it is false or misleading or has not
been approved as required by the regulations of the director.
If the director has reason to believe that any labeling or the
size or form of any container in use or proposed for use with
respect to egg products at any official plant is false or misleading in any particular, he may direct that such use be withheld unless the labeling or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the labeling or
container does not accept the determination of the director,
such person may request a hearing, but the use of the labeling
or container shall, if the director so directs, be withheld pending hearing and final determination by the director. Any such
determination by the director shall be conclusive unless,
within thirty days after receipt of notice of such final determination, the person adversely affected thereby appeals to the
superior court in the county in which such person has its principal place of business. [1975 1st ex.s. c 201 § 11.]
69.25.110
69.25.110 Prohibited acts and practices. (1) No person shall buy, sell, or transport, or offer to buy or sell, or offer
or receive for transportation, in any business in intrastate
commerce any restricted eggs, capable of use as human food,
except as authorized by regulations of the director under such
conditions as he may prescribe to assure that only eggs fit for
human food are used for such purpose.
(2) No egg handler shall possess with intent to use, or
use, any restricted eggs in the preparation of human food for
intrastate commerce except that such eggs may be so possessed and used when authorized by regulations of the direc[Title 69 RCW—page 31]
69.25.120
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
tor under such conditions as he may prescribe to assure that
only eggs fit for human food are used for such purpose.
(3) No person shall process any egg products for intrastate commerce at any plant except in compliance with the
requirements of this chapter.
(4) No person shall buy, sell, or transport, or offer to buy
or sell, or offer or receive for transportation, in intrastate
commerce any egg products required to be inspected under
this chapter unless they have been so inspected and are
labeled and packaged in accordance with the requirements of
RCW 69.25.100.
(5) No operator of any official plant shall allow any egg
products to be moved from such plant if they are adulterated
or misbranded and capable of use as human food.
(6) No person shall:
(a) Manufacture, cast, print, lithograph, or otherwise
make any device containing any official mark or simulation
thereof, or any label bearing any such mark or simulation, or
any form of official certificate or simulation thereof, except
as authorized by the director;
(b) Forge or alter any official device, mark, or certificate;
(c) Without authorization from the director, use any official device, mark, or certificate, or simulation thereof, or
detach, deface, or destroy any official device or mark; or use
any labeling or container ordered to be withheld from use
under RCW 69.25.100 after final judicial affirmance of such
order or expiration of the time for appeal if no appeal is taken
under said section;
(d) Contrary to the regulations prescribed by the director,
fail to use, or to detach, deface, or destroy any official device,
mark, or certificate;
(e) Knowingly possess, without promptly notifying the
director or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label, or any eggs or egg products
bearing any counterfeit, simulated, forged, or improperly
altered official mark;
(f) Knowingly make any false statement in any shipper’s
certificate or other nonofficial or official certificate provided
for in the regulations prescribed by the director;
(g) Knowingly represent that any article has been
inspected or exempted, under this chapter when in fact it has
not been so inspected or exempted; and
(h) Refuse access, at any reasonable time, to any representative of the director, to any plant or other place of business subject to inspection under any provisions of this chapter.
(7) No person, while an official or employee of the state
or local governmental agency, or thereafter, shall use to his
own advantage, or reveal other than to the authorized representatives of the United States government or the state in
their official capacity, or as ordered by a court in a judicial
proceeding, any information acquired under the authority of
this chapter concerning any matter which the originator or
relator of such information claims to be entitled to protection
as a trade secret. [1975 1st ex.s. c 201 § 12.]
69.25.120 Director to cooperate with other agencies—May conduct examinations. The director shall,
whenever he determines that it would effectuate the purposes
of this chapter, cooperate with any state, federal or other gov69.25.120
[Title 69 RCW—page 32]
ernmental agencies in carrying out any provisions of this
chapter. In carrying out the provisions of this chapter, the
director may conduct such examinations, investigations, and
inspections as he determines practicable through any officer
or employee of any such agency commissioned by him for
such purpose. [1975 1st ex.s. c 201 § 13.]
69.25.130
69.25.130 Eggs or egg products not intended for use
as human food—Identification or denaturing required.
Inspection shall not be provided under this chapter at any
plant for the processing of any egg products which are not
intended for use as human food, but such articles, prior to
their offer for sale or transportation in intrastate commerce,
shall be denatured or identified as prescribed by regulations
of the director to deter their use for human food. No person
shall buy, sell, or transport or offer to buy or sell, or offer or
receive for transportation, in intrastate commerce, any
restricted eggs or egg products which are not intended for use
as human food unless they are denatured or identified as
required by the regulations of the director. [1975 1st ex.s. c
201 § 14.]
69.25.140
69.25.140 Records required, access to and copying of.
For the purpose of enforcing the provisions of this chapter
and the regulations promulgated thereunder, all persons
engaged in the business of transporting, shipping, or receiving any eggs or egg products in intrastate commerce or in
interstate commerce, or holding such articles so received, and
all egg handlers, shall maintain such records showing, for
such time and in such form and manner, as the director may
prescribe, to the extent that they are concerned therewith, the
receipt, delivery, sale, movement, and disposition of all eggs
and egg products handled by them, and shall, upon the
request of the director, permit him at reasonable times to have
access to and to copy all such records. [1975 1st ex.s. c 201
§ 15.]
69.25.150
69.25.150 Penalties—Liability of employer—
Defense. (1)(a) Except as provided in (b) of this subsection,
any person violating any provision of this chapter or any rule
adopted under this chapter is guilty of a misdemeanor.
(b) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense.
(2) Whenever the director finds that a person has committed a violation of any of the provisions of this chapter, and
that violation has not been punished pursuant to subsection
(1) of this section, the director may impose upon and collect
from the violator a civil penalty not exceeding one thousand
dollars per violation per day. Each violation shall be a separate and distinct offense.
(3) When construing or enforcing the provisions of RCW
69.25.110, the act, omission, or failure of any person acting
for or employed by any individual, partnership, corporation,
or association within the scope of the person’s employment
or office shall in every case be deemed the act, omission, or
failure of such individual, partnership, corporation, or association, as well as of such person.
(4) No carrier or warehouseman shall be subject to the
penalties of this chapter, other than the penalties for violation
(2006 Ed.)
Washington Wholesome Eggs and Egg Products Act
of RCW 69.25.140, or 69.25.155, by reason of his or her
receipt, carriage, holding, or delivery, in the usual course of
business, as a carrier or warehouseman of eggs or egg products owned by another person unless the carrier or warehouseman has knowledge, or is in possession of facts which
would cause a reasonable person to believe that such eggs or
egg products were not eligible for transportation under, or
were otherwise in violation of, this chapter, or unless the carrier or warehouseman refuses to furnish on request of a representative of the director the name and address of the person
from whom he or she received such eggs or egg products and
copies of all documents, if there be any, pertaining to the
delivery of the eggs or egg products to, or by, such carrier or
warehouseman. [2003 c 53 § 317; 1995 c 374 § 27; 1992 c 7
§ 47; 1975 1st ex.s. c 201 § 16.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.25.155
69.25.155 Interference with person performing official duties. (1) Notwithstanding any other provision of law,
any person who forcibly assaults, resists, impedes, intimidates, or interferes with any person while engaged in or on
account of the performance of his or her official duties under
this chapter is guilty of a class C felony and shall be punished
by a fine of not more than five thousand dollars or imprisonment in a state correctional facility for not more than three
years, or both.
(2) Whoever, in the commission of any act described in
subsection (1) of this section, uses a deadly or dangerous
weapon is guilty of a class B felony and shall be punished by
a fine of not more than ten thousand dollars or by imprisonment in a state correctional facility for not more than ten
years, or both. [2003 c 53 § 318.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.25.160
69.25.160 Notice of violation—May take place of
prosecution. Before any violation of this chapter, other than
RCW 69.25.155, is reported by the director to any prosecuting attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be
given reasonable notice of the alleged violation and opportunity to present his or her views orally or in writing with
regard to such contemplated proceeding. Nothing in this
chapter shall be construed as requiring the director to report
for criminal prosecution violation of this chapter whenever
he or she believes that the public interest will be adequately
served and compliance with this chapter obtained by a suitable written notice of warning. [2003 c 53 § 319; 1975 1st
ex.s. c 201 § 17.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.25.170
69.25.170 Exemptions permitted by rule of director.
(1) The director may, by regulation and under such conditions and procedures as he may prescribe, exempt from specific provisions of this chapter:
(a) The sale, transportation, possession, or use of eggs
which contain no more restricted eggs than are allowed by the
(2006 Ed.)
69.25.190
tolerance in the official state standards for consumer grades
for shell eggs;
(b) The processing of egg products at any plant where
the facilities and operating procedures meet such sanitary
standards as may be prescribed by the director, and where the
eggs received or used in the manufacture of egg products
contain no more restricted eggs than are allowed by the official standards of the state consumer grades for shell eggs, and
the egg products processed at such plant;
(c) The sale of eggs by any poultry producer from his
own flocks directly to a household consumer exclusively for
use by such consumer and members of his household and his
nonpaying guests and employees, and the transportation, possession, and use of such eggs in accordance with this subsection;
(d) The sale of eggs by shell egg packers on his own premises directly to household consumers for use by such consumer and members of his household and his nonpaying
guests and employees, and the transportation, possession, and
use of such eggs in accordance with this subsection;
(e) The sale of eggs by any egg producer with an annual
egg production from a flock of three thousand hens or less.
(2) The director may modify or revoke any regulation
granting exemption under this chapter whenever he deems
such action appropriate to effectuate the purposes of this
chapter. [1995 c 374 § 28; 1975 1st ex.s. c 201 § 18.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.25.180
69.25.180 Limiting entry of eggs and egg products
into official plants. The director may limit the entry of eggs
and egg products and other materials into official plants
under such conditions as he may prescribe to assure that
allowing the entry of such articles into such plants will be
consistent with the purposes of this chapter. [1975 1st ex.s. c
201 § 19.]
69.25.190
69.25.190 Embargo of eggs or egg products in violation of this chapter—Time limit—Removal of official
marks. Whenever any eggs or egg products subject to this
chapter are found by any authorized representative of the
director upon any premises and there is reason to believe that
they are or have been processed, bought, sold, possessed,
used, transported, or offered or received for sale or transportation in violation of this chapter, or that they are in any other
way in violation of this chapter, or whenever any restricted
eggs capable of use as human food are found by such a representative in the possession of any person not authorized to
acquire such eggs under the regulations of the director, such
articles may be embargoed by such representative for a reasonable period but not to exceed twenty days, pending action
under RCW 69.25.200 or notification of any federal or other
governmental authorities having jurisdiction over such articles, and shall not be moved by any person from the place at
which they are located when so detained until released by
such representative. All official marks may be required by
such representative to be removed from such articles before
they are released unless it appears to the satisfaction of the
director that the articles are eligible to retain such marks.
[1975 1st ex.s. c 201 § 20.]
[Title 69 RCW—page 33]
69.25.200
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.25.200
69.25.200 Embargo—Petition for court order affirming—Removal of embargo or destruction or correction
and release—Court costs, fees, administrative expenses—
Bond may be required. When the director has embargoed
any eggs or egg products, he shall petition the superior court
of the county in which the eggs or egg products are located
for an order affirming such embargo. Such court shall have
jurisdiction for cause shown and after a prompt hearing to
any claimant of eggs or egg products, shall issue an order
which directs the removal of such embargo or the destruction
or correction and release of such eggs and egg products. An
order for destruction or the correction and release of such
eggs and egg products shall contain such provision for the
payment of pertinent court costs and fees and administrative
expenses as is equitable and which the court deems appropriate in the circumstances. An order for correction and release
may contain such provisions for a bond as the court finds
indicated in the circumstance. [1975 1st ex.s. c 201 § 21.]
69.25.210
69.25.210 Embargo—Order affirming not required,
when. The director need not petition the superior court as
provided for in RCW 69.25.200 if the owner or claimant of
such eggs or egg products agrees in writing to the disposition
of such eggs or egg products as the director may order. [1975
1st ex.s. c 201 § 22.]
director may, by regulations, require egg container manufacturers to report on a monthly basis all egg containers sold to
any egg handler or dealer and bearing such egg handler or
dealer’s permanent number. [1995 c 374 § 29; 1993 sp.s. c
19 § 12; 1975 1st ex.s. c 201 § 26.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.25.260
69.25.260 Assessment—Prepayment by purchase of
egg seals—Permit for printing seal on containers or
labels. Any egg handler or dealer may prepay the assessment
provided for in RCW 69.25.250 by purchasing Washington
state egg seals from the director to be placed on egg containers showing that the proper assessment has been paid. Any
carton manufacturer or printer may apply to the director for a
permit to place reasonable facsimiles of the Washington state
egg seals to be imprinted on egg containers or on the identification labels which show egg grade and size and the name of
the egg handler or dealer. The director shall, from time to
time, prescribe rules and regulations governing the affixing
of seals and he is authorized to cancel any such permit issued
pursuant to this chapter, whenever he finds that a violation of
the terms under which the permit has been granted has been
violated. [1979 ex.s. c 238 § 10; 1975 1st ex.s. c 201 § 27.]
Severability—1979 ex.s. c 238: See note following RCW 15.44.010.
69.25.220
69.25.220 Embargo—Consolidation of petitions.
Two or more petitions under RCW 69.25.200 which pend at
the same time and which present the same issue and claimant
hereunder may be consolidated for simultaneous determination by one court of competent jurisdiction, upon application
to any court of jurisdiction by the director or claimant. [1975
1st ex.s. c 201 § 23.]
69.25.230
69.25.230 Embargo—Sampling of article. The claimant in any proceeding by petition under RCW 69.25.200 shall
be entitled to receive a representative sample of the article
subject to such proceedings upon application to the court of
competent jurisdiction made at any time after such petition
and prior to the hearing thereon. [1975 1st ex.s. c 201 § 24.]
69.25.240
69.25.240 Condemnation—Recovery of damages
restricted. No state court shall allow the recovery of damages for administrative action for condemnation under the
provisions of this chapter, if the court finds that there was
probable cause for such action. [1975 1st ex.s. c 201 § 25.]
69.25.250
69.25.250 Assessment—Rate, applicability, time of
payment—Reports—Contents, frequency. There is
hereby levied an assessment not to exceed three mills per
dozen eggs entering intrastate commerce, as prescribed by
rules and regulations issued by the director. Such assessment
shall be applicable to all eggs entering intrastate commerce
except as provided in RCW 69.25.170 and 69.25.290. Such
assessment shall be paid to the director on a monthly basis on
or before the tenth day following the month such eggs enter
intrastate commerce. The director may require reports by egg
handlers or dealers along with the payment of the assessment
fee. Such reports may include any and all pertinent information necessary to carry out the purposes of this chapter. The
[Title 69 RCW—page 34]
69.25.270
69.25.270 Assessment—Monthly payment—Audit—
Failure to pay, penalty. Every egg handler or dealer who
pays assessments required under the provisions of this chapter on a monthly basis in lieu of seals shall be subject to audit
by the director at such frequency as is deemed necessary by
the director. The cost to the director for performing such
audit shall be chargeable to and payable by the egg handler or
dealer subject to audit. Failure to pay assessments when due
or refusal to pay for audit costs may be cause for a summary
suspension of an egg handler’s or dealer’s license and a
charge of one percent per month, or fraction thereof shall be
added to the sum due the director, for each remittance not
received by the director when due. The conditions and
charges applicable to egg handlers and dealers set forth
herein shall also be applicable to payments due the director
for facsimiles of seals placed on egg containers. [1987 c 393
§ 16; 1975 1st ex.s. c 201 § 28.]
69.25.280
69.25.280 Assessment—Use of proceeds. The proceeds from assessment fees paid to the director shall be
retained for the inspection of eggs and carrying out the provisions of this chapter relating to eggs. [1975 1st ex.s. c 201 §
29.]
69.25.290
69.25.290 Assessment—Exclusions. The assessments
provided in this chapter shall not apply to:
(1) Sale and shipment to points outside of this state;
(2) Sale to the United States government and its instrumentalities;
(3) Sale to breaking plants for processing into egg products;
(4) Sale between egg dealers. [1975 1st ex.s. c 201 § 30.]
(2006 Ed.)
Honey
69.25.300
69.25.300 Transfer of moneys in state egg account.
All moneys in the state egg account, created by *RCW
69.24.450, at the time of July 1, 1975, shall be transferred to
the director and shall be retained and expended for administering and carrying out the purposes of this chapter. [1975 1st
ex.s. c 201 § 31.]
*Reviser’s note: RCW 69.24.450 was repealed by 1975 1st ex.s. c 201
§ 40.
69.25.310
69.25.310 Containers—Marking required—Obliteration of previous markings required for reuse—Temporary use of another handler’s or dealer’s permanent
number—Penalty. (1) All containers used by an egg handler or dealer to package eggs shall bear the name and
address or the permanent number issued by the director to
said egg handler or dealer. Such permanent number shall be
displayed in a size and location prescribed by the director. It
shall be a violation for any egg handler or dealer to use a container that bears the permanent number of another egg handler or dealer unless such number is totally obliterated prior
to use. The director may in addition require the obliteration of
any or all markings that may be on any container which will
be used for eggs by an egg handler or dealer.
(2) Notwithstanding subsection (1) of this section and
following written notice to the director, licensed egg handlers
and dealers may use new containers bearing another handler’s or dealer’s permanent number on a temporary basis, in
any event not longer than one year, with the consent of such
other handler or dealer for the purpose of using up existing
container stocks. Sale of container stock shall constitute
agreement by the parties to use the permanent number. [1995
c 374 § 30; 1975 1st ex.s. c 201 § 32.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Chapter 69.28
on such invoice: PROVIDED FURTHER, That if the retailer
or other purchaser having labeled any such eggs in accordance with the invoice keeps them for such a time after they
are purchased as to cause them to deteriorate to a lower grade
or standard, and sells them under the label of the invoice
grade or standard, he shall be guilty of a violation of this
chapter.
(2) Each retailer and each distributor shall store shell
eggs awaiting sale or display eggs under clean and sanitary
conditions in areas free from rodents and insects. Shell eggs
must be stored up off the floor away from strong odors, pesticides, and cleaners.
(3) After being received at the point of first purchase, all
graded shell eggs packed in containers for the purpose of sale
to consumers shall be held and transported under refrigeration at ambient temperatures no greater than forty-five
degrees Fahrenheit (seven and two-tenths degrees Celsius).
This provision shall apply without limitation to retailers,
institutional users, dealer/wholesalers, food handlers, transportation firms, or any person who handles eggs after the
point of first purchase.
(4) No invoice shall be required on eggs when packed for
sale to the United States department of defense, or a component thereof, if labeled with grades promulgated by the
United States secretary of agriculture. [1995 c 374 § 31;
1975 1st ex.s. c 201 § 33.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
69.25.900
69.25.900 Savings. The enactment of this chapter shall
not have the effect of terminating or in any way modifying
any liability, civil or criminal, which shall already be in existence on July 1, 1975. [1975 1st ex.s. c 201 § 35.]
69.25.910
69.25.320
69.25.320 Records required, additional—Sales to
retailer or food service—Exception—Defense to charged
violation—Sale of eggs deteriorated due to storage time—
Requirements for storage, display, or transportation. (1)
In addition to any other records required to be kept and furnished the director under the provisions of this chapter, the
director may require any person who sells to any retailer, or
to any restaurant, hotel, boarding house, bakery, or any institution or concern which purchases eggs for serving to guests
or patrons thereof or for its use in preparation of any food
product for human consumption, candled or graded eggs
other than those of his own production sold and delivered on
the premises where produced, to furnish that retailer or other
purchaser with an invoice covering each such sale, showing
the exact grade or quality, and the size or weight of the eggs
sold, according to the standards prescribed by the director,
together with the name and address of the person by whom
the eggs were sold. The person selling and the retailer or
other purchaser shall keep a copy of said invoice on file at his
place of business for a period of thirty days, during which
time the copy shall be available for inspection at all reasonable times by the director: PROVIDED, That no retailer or
other purchaser shall be guilty of a violation of this chapter if
he can establish a guarantee from the person from whom the
eggs were purchased to the effect that they, at the time of purchase, conformed to the information required by the director
(2006 Ed.)
69.25.910 Chapter is cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy at law. [1975
1st ex.s. c 201 § 37.]
69.25.920
69.25.920 Severability—1975 1st ex.s. c 201. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 201 § 38.]
69.25.930
69.25.930 Short title. This act may be known and cited
as the "Washington wholesome eggs and egg products act".
[1975 1st ex.s. c 201 § 39.]
Chapter 69.28
Chapter 69.28 RCW
HONEY
Sections
69.28.020
69.28.025
69.28.030
69.28.040
69.28.050
69.28.060
69.28.070
69.28.080
69.28.090
Enforcement power and duty of director and agents.
Rules and regulations have force of law.
Rules prescribing standards.
Right to enter, inspect, and take samples.
Containers to be labeled.
Requisites of markings.
"Marked" defined—When honey need not be marked.
Purchaser to be advised of standards—Exceptions.
Forgery, simulation, etc., of marks, labels, etc., unlawful.
[Title 69 RCW—page 35]
69.28.020
69.28.095
69.28.100
69.28.110
69.28.120
69.28.130
69.28.133
69.28.135
69.28.140
69.28.170
69.28.180
69.28.185
69.28.190
69.28.200
69.28.210
69.28.220
69.28.230
69.28.240
69.28.250
69.28.260
69.28.270
69.28.280
69.28.290
69.28.300
69.28.310
69.28.320
69.28.330
69.28.340
69.28.350
69.28.360
69.28.370
69.28.380
69.28.390
69.28.400
69.28.410
69.28.420
69.28.430
69.28.440
69.28.450
69.28.900
69.28.910
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
Unlawful mutilation or removal of seals, marks, etc., used by
director.
Marks for "slack-filled" container.
Use of used containers.
Floral source labels.
Adulterated honey—Sale or offer unlawful.
Nonconforming honey—Sale or offer unlawful.
Warning-tagged honey—Movement prohibited.
Possession of unlawful honey as evidence.
Inspectors—Prosecutions.
Violation of rules and regulations unlawful.
Penalty.
"Director" defined.
"Container" defined.
"Subcontainer" defined.
"Section box" defined.
"Clean and sound containers" defined.
"Pack", "packing", or "packed" defined.
"Label" defined.
"Person" defined.
"Slack-filled" defined.
"Deceptive arrangement" defined.
"Mislabeled" defined.
"Placard" defined.
"Honey" defined.
"Comb-honey" defined.
"Extracted honey" defined.
"Crystallized honey" defined.
"Honeydew" defined.
"Foreign material" defined.
"Foreign honey" defined.
"Adulterated honey" defined.
"Serious damage" defined.
Labeling requirements for artificial honey or mixtures containing honey.
Embargo on honey or product—Notice by director—Removal.
Embargo on honey or product—Court order affirming,
required—Order for destruction or correction and release—
Bond.
Consolidation of petitions presenting same issue and claimant.
Sample of honey or product may be obtained—Procedure.
Recovery of damages barred if probable cause for embargo.
Severability—1939 c 199.
Short title.
Bees and apiaries: Chapter 15.60 RCW.
Commission merchants, agricultural products: Title 20 RCW.
69.28.020
69.28.020 Enforcement power and duty of director
and agents. The director is hereby empowered, through his
duly authorized agents, to enforce all provisions of this chapter. The director shall have the power to define, promulgate
and enforce such reasonable regulations as he may deem necessary in carrying out the provisions of this chapter. [1939 c
199 § 29; RRS § 6163-29. FORMER PART OF SECTION:
1939 c 199 § 44 now codified as RCW 69.28.025.]
69.28.025
69.28.025 Rules and regulations have force of law.
Any rules or regulations promulgated and published by the
director under the provisions of this chapter shall have the
force and effect of law. [1939 c 199 § 44; RRS § 6163-44.
Formerly RCW 69.28.020, part.]
69.28.030
69.28.030 Rules prescribing standards. The director
is hereby authorized, and it shall be his duty, upon the taking
effect of this chapter and from time to time thereafter, to
adopt, establish and promulgate reasonable rules and regulations specifying grades or standards of quality governing the
sale of honey: PROVIDED, That, in the interest of uniformity, such grades and standards of quality shall conform as
nearly to those established by the United States department of
agriculture as local conditions will permit. [1939 c 199 § 24;
RRS § 6163-24.]
[Title 69 RCW—page 36]
69.28.040
69.28.040 Right to enter, inspect, and take samples.
The director or any of his duly authorized agents shall have
the power to enter and inspect at reasonable times every
place, vehicle, plant or other place where honey is being produced, stored, packed, transported, exposed, or offered for
sale, and to inspect all such honey and the containers thereof
and to take for inspection such samples of said honey as may
be necessary. [1939 c 199 § 28; RRS § 6163-28.]
69.28.050
69.28.050 Containers to be labeled. It shall be unlawful to deliver for shipment, ship, transport, sell, expose or
offer for sale any containers or subcontainers of honey within
this state unless they shall be conspicuously marked with the
name and address of the producer or distributor, the net
weight of the honey, the grade of the honey, and, if imported
from any foreign country, the name of the country or territory
from which the said honey was imported, or if a blend of
honey, any part of which is foreign honey, the container must
be labeled with the name of the country or territory where
such honey was produced and the proportion of each foreign
honey used in the blend. [1939 c 199 § 32; RRS § 6163-32.]
69.28.060
69.28.060 Requisites of markings. When any markings are used or required to be used under this chapter on any
container of honey to identify the container or describe the
contents thereof, such markings must be plainly and conspicuously marked, stamped, stenciled, printed, labeled or
branded in the English language, in letters large enough to be
discernible by any person, on the front, side or top of any container. [1939 c 199 § 35; RRS § 6163-35.]
69.28.070
69.28.070 "Marked" defined—When honey need not
be marked. The term "marked" shall mean printed in the
English language on the top, front or side of any container
containing honey: PROVIDED, That it shall not be necessary to mark honey sold by the producer thereof to any distributor, packer or manufacturer with the net weight, color or
grade if the honey is to be used in the manufacture of honey
products or is to be graded and packaged by the distributor or
packer for resale. [1939 c 199 § 21; RRS § 6163-21.]
69.28.080
69.28.080 Purchaser to be advised of standards—
Exceptions. It shall be unlawful for any person to deliver,
sell, offer, or expose for sale any honey for human consumption within the state without notifying the person or persons
purchasing or intending to purchase the same, of the exact
grade or quality of such honey, according to the standards
prescribed by the director, by stamping or printing on the
container of any such honey such grade or quality: PROVIDED, This section shall not apply to honey while it is in
transit in intrastate commerce from one establishment to the
other, to be processed, labeled, or repacked. [1961 c 60 § 1;
1957 c 103 § 1; 1949 c 105 § 6; 1939 c 199 § 39; Rem. Supp.
1949 § 6163-39.]
69.28.090
69.28.090 Forgery, simulation, etc., of marks, labels,
etc., unlawful. It shall be unlawful to forge, counterfeit, simulate, falsely represent or alter without proper authority any
mark, stamp, tab, label, seal, sticker or other identification
device provided by this chapter. [1961 c 60 § 2; 1939 c 199
(2006 Ed.)
Honey
§ 40; RRS § 6163-40. FORMER PART OF SECTION: 1939
c 199 § 41 now codified as RCW 69.28.095.]
69.28.095
69.28.095 Unlawful mutilation or removal of seals,
marks, etc., used by director. It shall be unlawful to mutilate, destroy, obliterate, or remove without proper authority,
any mark, stamp, tag, label, seal, sticker or other identification device used by the director under the provisions of this
chapter. [1939 c 199 § 41; RRS § 6163-41. Formerly RCW
69.28.090, part.]
69.28.100 Marks for "slack-filled" container. Any
slack-filled container shall be conspicuously marked "slackfilled". [1939 c 199 § 36; RRS § 6163-36. FORMER PART
OF SECTION: 1939 c 199 § 10 now codified as RCW
69.28.270.]
69.28.100
69.28.110 Use of used containers. It shall be unlawful
to sell, offer, or expose for sale to the consumer any honey in
any second-hand or used containers which formerly contained honey, unless all markings as to grade, name and
weight have been obliterated, removed or erased. [1939 c
199 § 37; RRS § 6163-37.]
69.28.110
69.28.120
69.28.120 Floral source labels. Any honey which is a
blend of two or more floral types of honey shall not be
labeled as a honey product from any one particular floral
source alone. [1939 c 199 § 34; RRS § 6163-34.]
69.28.130
69.28.130 Adulterated honey—Sale or offer unlawful. It shall be unlawful for any person to sell, offer or intend
for sale any adulterated honey as honey. [1939 c 199 § 26;
RRS § 6163-26. FORMER PART OF SECTION: 1939 c
199 §§ 27 and 33 now codified as RCW 69.28.133 and
69.28.135.]
69.28.133 Nonconforming honey—Sale or offer
unlawful. It shall be unlawful for any person to sell, offer or
intend for sale any honey which does not conform to the provisions of this chapter or any regulation promulgated by the
director under this chapter. [1939 c 199 § 27; RRS § 616327. Formerly RCW 69.28.130, part.]
69.28.260
for the counties of the state of violations of this chapter
occurring in their respective counties, and it shall be the duty
of the respective prosecuting attorneys immediately to institute and prosecute proceeding in their respective counties and
to enforce the penalties provided for by this chapter. [1939 c
199 § 43; RRS § 6163-43.]
69.28.180
69.28.180 Violation of rules and regulations unlawful. It shall be unlawful for any person to violate any rule or
regulation promulgated by the director under the provisions
of this chapter. [1939 c 199 § 25; RRS § 6163-25. FORMER
PART OF SECTION: 1939 c 199 § 44 now codified in RCW
69.28.185.]
69.28.185
69.28.185 Penalty. Any person who violates any of the
provisions of this chapter shall be guilty of a misdemeanor,
and upon violation thereof shall be punishable by a fine of not
more than five hundred dollars or imprisonment in the county
jail for a period of not more than six months or by both such
fine and imprisonment. [1939 c 199 § 42; RRS § 6163-42.
Formerly RCW 69.28.180, part.]
69.28.190
69.28.190 "Director" defined. The term "director"
means the director of agriculture of the state of Washington
or his duly authorized representative. [1939 c 199 § 2; RRS
§ 6163-2. Formerly RCW 69.28.010, part.]
69.28.200
69.28.200 "Container" defined. The term "container"
shall mean any box, crate, chest, carton, barrel, keg, bottle,
jar, can or any other receptacle containing honey. [1939 c
199 § 3; RRS § 6163-3.]
69.28.210
69.28.210 "Subcontainer" defined. The term "subcontainer" shall mean any section box or other receptacle
used within a container. [1939 c 199 § 4; RRS § 6163-4.]
69.28.133
69.28.135
69.28.135 Warning-tagged honey—Movement prohibited. It shall be unlawful to move any honey or containers
of honey to which any warning tag or notice has been affixed
except under authority from the director. [1939 c 199 § 33;
RRS § 6163-33. Formerly RCW 69.28.130, part.]
69.28.140
69.28.140 Possession of unlawful honey as evidence.
Possession by any person, of any honey which is sold,
exposed or offered for sale in violation of this chapter shall be
prima facie evidence that the same is kept or shipped to the
said person, in violation of the provisions of this chapter.
[1939 c 199 § 30; RRS § 6163-30.]
69.28.170 Inspectors—Prosecutions. It shall be the
duty of the director to enforce this chapter and to appoint and
employment [employ] such inspectors as may be necessary
therefor. The director shall notify the prosecuting attorneys
69.28.220
69.28.220 "Section box" defined. The term "section
box" shall mean the wood or other frame in which bees have
built a small comb of honey. [1939 c 199 § 5; RRS § 61635.]
69.28.230
69.28.230 "Clean and sound containers" defined.
The term "clean and sound containers" shall mean containers
which are virtually free from rust, stains or leaks. [1939 c
199 § 6; RRS § 6163-6.]
69.28.240
69.28.240 "Pack", "packing", or "packed" defined.
The term "pack", "packing", or "packed" shall mean the
arrangement of all or part of the subcontainers in any container. [1939 c 199 § 7; RRS § 6163-7.]
69.28.250
69.28.250 "Label" defined. The term "label" shall
mean a display of written, printed or graphic matter upon the
immediate container of any article. [1939 c 199 § 8; RRS §
6163-8.]
69.28.170
(2006 Ed.)
69.28.260
69.28.260 "Person" defined. The term "person"
includes individual, partnership, corporation and/or association. [1939 c 199 § 9; RRS § 6163-9.]
[Title 69 RCW—page 37]
69.28.270
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.28.270
69.28.270 "Slack-filled" defined. The term "slackfilled" shall mean that the contents of any container occupy
less than ninety-five percent of the volume of the closed container. [1939 c 199 § 10; RRS § 6163-10. Formerly RCW
69.28.100, part.]
69.28.360
69.28.360 "Foreign material" defined. The term "foreign material" means pollen, wax particles, insects, or materials not deposited by bees. [1937 c 199 § 19; RRS § 616319.]
69.28.370
69.28.280
69.28.280 "Deceptive arrangement" defined. The
term "deceptive arrangement" shall mean any lot or load,
arrangement or display of honey which has in any exposed
surface, honey which is so superior in quality, appearance or
condition, or in any other respects, to any of that which is
concealed or unexposed as to materially misrepresent any
part of the lot, load, arrangement or display. [1939 c 199 §
11; RRS § 6163-11.]
69.28.290
69.28.290 "Mislabeled" defined. The term "mislabeled" shall mean the placing or presence of any false or misleading statement, design or device upon, or in connection
with, any container or lot of honey, or upon the label, lining
or wrapper of any such container, or any placard used in connection therewith, and having reference to such honey. A
statement, design or device is false and misleading when the
honey to which it refers does not conform in every respect to
such statement. [1939 c 199 § 12; RRS § 6163-12.]
69.28.300
69.28.300 "Placard" defined. The term "placard"
means any sign, label or designation, other than an oral designation, used with any honey as a description or identification thereof. [1939 c 199 § 13; RRS § 6163-13.]
69.28.310
69.28.310 "Honey" defined. The term "honey" as used
herein is the nectar of floral exudations of plants, gathered
and stored in the comb by honey bees (apis mellifica). It is
laevo-rotatory, contains not more than twenty-five percent of
water, not more than twenty-five one-hundredths of one percent of ash, not more than eight percent of sucrose, its specific gravity is 1.412, its weight not less than eleven pounds
twelve ounces per standard gallon of 231 cubic inches at
sixty-eight degrees Fahrenheit. [1939 c 199 § 14; RRS §
6163-14. Formerly RCW 69.28.010, part.]
69.28.320
69.28.320 "Comb-honey" defined. The term "combhoney" means honey which has not been extracted from the
comb. [1939 c 199 § 15; RRS § 6163-15.]
69.28.330
69.28.330 "Extracted honey" defined. The term
"extracted honey" means honey which has been removed
from the comb. [1939 c 199 § 16; RRS § 6163-16.]
69.28.340
69.28.340 "Crystallized honey" defined. The term
"crystallized honey" means honey which has assumed a solid
form due to the crystallization of one or more of the natural
sugars therein. [1939 c 199 § 17; RRS § 6163-17.]
69.28.350
69.28.350 "Honeydew" defined. The term "honeydew" is the saccharine exudation of plants, other than
nectarous exudations, gathered and stored in the comb by
honey bees (apis mellifica) and is dextrorotatory. [1939 c
199 § 18; RRS § 6163-18. Formerly RCW 69.28.010, part.]
[Title 69 RCW—page 38]
69.28.370 "Foreign honey" defined. The term "foreign honey" means any honey not produced within the continental United States. [1939 c 199 § 20; RRS § 6163-20.]
69.28.380
69.28.380 "Adulterated honey" defined. The term
"adulterated honey" means any honey to which has been
added honeydew, glucose, dextrose, molasses, sugar, sugar
syrup, invert sugar, or any other similar product or products,
other than the nectar of floral exudations of plants gathered
and stored in the comb by honey bees. [1939 c 199 § 22; RRS
§ 6163-22. Formerly RCW 69.28.010, part.]
69.28.390
69.28.390 "Serious damage" defined. The term "serious damage" means any injury or defect that seriously affects
the edibility or shipping quality of the honey. [1939 c 199 §
23; RRS § 6163-23.]
69.28.400
69.28.400 Labeling requirements for artificial honey
or mixtures containing honey. (1) No person shall sell,
keep for sale, expose or offer for sale, any article or product
in imitation or semblance of honey branded exclusively as
"honey", "liquid or extracted honey", "strained honey" or
"pure honey".
(2) No person, firm, association, company or corporation
shall manufacture, sell, expose or offer for sale, any compound or mixture branded or labeled exclusively as honey
which shall be made up of honey mixed with any other substance or ingredient.
(3) Whenever honey is mixed with any other substance
or ingredient and the commodity is to be marketed in imitation or semblance of honey, the product shall be labeled with
the word "artificial" or "imitation" in the same type size and
style as the word "honey";
(4) Whenever any substance or commodity is to be marketed in imitation or semblance of honey, but contains no
honey, the product shall not be branded or labeled with the
word "honey" and/or depict thereon a picture or drawing of a
bee, bee hive, or honeycomb;
(5) Whenever honey is mixed with any other substance
or ingredient and the commodity is to be marketed, there
shall be printed on the package containing such compound or
mixture a statement giving the ingredients of which it is
made; if honey is one of such ingredients it shall be so stated
in the same size type as are the other ingredients; nor shall
such compound or mixture be branded or labeled exclusively
with the word "honey" in any form other than as herein provided; nor shall any product in semblance of honey, whether
a mixture or not, be sold, exposed or offered for sale as
honey, or branded or labeled exclusively with the word
"honey", unless such article is pure honey. [1975 1st ex.s. c
283 § 1.]
69.28.410
69.28.410 Embargo on honey or product—Notice by
director—Removal. Whenever the director shall find, or
shall have probable cause to believe, that any honey or prod(2006 Ed.)
Sanitary Control of Shellfish
uct subject to the provisions of this chapter, as now or hereafter amended, is in intrastate commerce, which was introduced
into such intrastate commerce in violation of the provisions
of this chapter, as now or hereafter amended, he is hereby
authorized to affix to such honey or product a notice placing
an embargo on such honey or product, and prohibiting its sale
in intrastate commerce, and no person shall move or sell such
honey or product without first receiving permission from the
director to move or sell such honey or product. But if, after
such honey or product has been embargoed, the director shall
find that such honey or product does not involve a violation
of this chapter, as now or hereafter amended, such embargo
shall be forthwith removed. [1975 1st ex.s. c 283 § 3.]
69.30.010
stances, shall not be affected thereby. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional, such decisions shall not affect
the validity of the remaining portions of this chapter. The legislature hereby declares that it would have passed this chapter
and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more of the
other sections, subsections, sentences, clauses and phrases be
declared unconstitutional. [1939 c 199 § 45; RRS § 616345.]
69.28.910
69.28.910 Short title. This chapter may be known and
cited as the Washington state honey act. [1939 c 199 § 1;
RRS § 6163-1.]
69.28.420
69.28.420 Embargo on honey or product—Court
order affirming, required—Order for destruction or correction and release—Bond. When the director has embargoed any honey or product he shall, no later than twenty days
after the affixing of notice of its embargo, petition the superior court for an order affirming such embargo. Such court
shall then have jurisdiction, for cause shown and after prompt
hearing to any claimant of such honey or product, to issue an
order which directs the removal of such embargo or the
destruction or the correction and release of such honey or
product. An order for destruction or correction and release
shall contain such provision for the payment of pertinent
court costs and fees and administrative expenses, as is equitable and which the court deems appropriate in the circumstances. An order for correction and release may contain such
provision for bond, as the court finds indicated in the circumstances. [1975 1st ex.s. c 283 § 4.]
Chapter 69.30
Chapter 69.30 RCW
SANITARY CONTROL OF SHELLFISH
Sections
69.30.005
69.30.010
69.30.020
69.30.030
69.30.050
69.30.060
69.30.070
69.30.080
69.30.085
69.30.110
69.30.120
69.28.430
69.28.430 Consolidation of petitions presenting same
issue and claimant. Two or more petitions under this chapter, as now or hereafter amended, which pend at the same
time and which present the same issue and claimant hereunder, shall be consolidated for simultaneous determination by
one court of jurisdiction, upon application to any court of
jurisdiction by the director or by such claimant. [1975 1st
ex.s. c 283 § 5.]
69.28.440
69.28.440 Sample of honey or product may be
obtained—Procedure. The claimant in any proceeding by
petition under this chapter, as now or hereafter amended,
shall be entitled to receive a representative sample of the
honey or product subject to such proceeding, upon application to the court of jurisdiction made at any time after such
petition and prior to the hearing thereon. [1975 1st ex.s. c
283 § 6.]
69.28.450
69.28.450 Recovery of damages barred if probable
cause for embargo. No state court shall allow the recovery
of damages for embargo under this chapter, as now or hereafter amended, if the court finds that there was probable cause
for such action. [1975 1st ex.s. c 283 § 7.]
69.28.900
69.28.900 Severability—1939 c 199. If any provisions
of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and
the application of such provisions to other persons or circum(2006 Ed.)
69.30.130
69.30.140
69.30.145
69.30.150
69.30.900
Purpose.
Definitions.
Certificate of compliance required for sale.
Rules and regulations—Duties of state board of health.
Certificates of approval—Shellfish growing areas.
Certificates of approval—Culling, shucking, packing establishments.
Certificates of approval—Compliance with other laws and
rules required.
Certificates of approval—Denial, revocation, suspension,
modification—Procedure.
License, certificate of approval—Denial, revocation, suspension—Prohibited acts.
Possession or sale in violation of chapter—Enforcement—Seizure—Disposal.
Inspection by department—Access to regulated business or
entity—Administrative inspection warrant.
Water pollution laws and rules applicable.
Penalties.
Civil penalties.
Civil penalties—General provisions.
Severability—1955 c 144.
Shellfish: Chapter 77.60 RCW.
69.30.005
69.30.005 Purpose. The purpose of this chapter is to
provide for the sanitary control of shellfish. Protection of the
public health requires assurances that commercial shellfish
are harvested only from approved growing areas and that processing of shellfish is conducted in a safe and sanitary manner. [1989 c 200 § 2.]
69.30.010
69.30.010 Definitions. When used in this chapter, the
following terms shall have the following meanings:
(1) "Shellfish" means all varieties of fresh and frozen
oysters, mussels, clams, and scallops, either shucked or in the
shell, and any fresh or frozen edible products thereof.
(2) "Sale" means to sell, offer for sale, barter, trade,
deliver, consign, hold for sale, consignment, barter, trade, or
delivery, and/or possess with intent to sell or dispose of in
any commercial manner.
(3) "Shellfish growing areas" means the lands and waters
in and upon which shellfish are grown for harvesting in commercial quantity or for sale for human consumption.
(4) "Establishment" means the buildings, together with
the necessary equipment and appurtenances, used for the
storage, culling, shucking, packing and/or shipping of shell[Title 69 RCW—page 39]
69.30.020
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
fish in commercial quantity or for sale for human consumption.
(5) "Person" means any individual, partnership, firm,
company, corporation, association, or the authorized agents
of any such entities.
(6) "Department" means the state department of health.
(7) "Secretary" means the secretary of health or his or her
authorized representatives.
(8) "Commercial quantity" means any quantity exceeding: (a) Forty pounds of mussels; (b) one hundred oysters; (c)
fourteen horse clams; (d) six geoducks; (e) fifty pounds of
hard or soft shell clams; or (f) fifty pounds of scallops. The
poundage in this subsection (8) constitutes weight with the
shell.
(9) "Fish and wildlife officer" means a fish and wildlife
officer as defined in RCW 77.08.010.
(10) "Ex officio fish and wildlife officer" means an ex
officio fish and wildlife officer as defined in RCW 77.08.010.
[2001 c 253 § 5; 1995 c 147 § 1; 1991 c 3 § 303; 1989 c 200
§ 1; 1985 c 51 § 1; 1979 c 141 § 70; 1955 c 144 § 1.]
cause the shellfish growing area to be inspected and if the
area meets the requirements of this chapter and the state
board of health, the department shall issue a certificate of
approval for that area. Such certificates shall be issued for a
period not to exceed twelve months and may be revoked at
any time the area is found not to be in compliance with the
requirements of this chapter and the state board of health.
Shellfish growing areas from which shellfish are
removed in a commercial quantity for purposes other than
human consumption including but not limited to bait or seed,
shall be readily subject to monitoring and inspections, and
shall otherwise be of a character ensuring that shellfish harvested from such areas are not diverted for use as food. A certificate of approval issued by the department for shellfish
growing areas from which shellfish are to be removed for
purposes other than human consumption shall specify the
date or dates and time of harvest and all applicable conditions
of harvest, identification by tagging, dying, or other means,
transportation, processing, sale, and other factors to ensure
that shellfish harvested from such areas are not diverted for
use as food. [1995 c 147 § 3; 1985 c 51 § 2; 1955 c 144 § 5.]
69.30.020
69.30.020 Certificate of compliance required for sale.
Only shellfish bearing a certificate of compliance with the
sanitary requirements of this state or a state, territory, province or country of origin whose requirements are equal or
comparable to those established pursuant to this chapter may
be sold or offered for sale in the state of Washington. [1955
c 144 § 2.]
69.30.030
69.30.030 Rules and regulations—Duties of state
board of health. The state board of health shall cause such
investigations to be made as are necessary to determine reasonable requirements governing the sanitation of shellfish,
shellfish growing areas, and shellfish plant facilities and
operations, in order to protect public health and carry out the
provisions of this chapter; and shall adopt such requirements
as rules and regulations of the state board of health. Such
rules and regulations may include reasonable sanitary
requirements relative to the quality of shellfish growing
waters and areas, boat and barge sanitation, building construction, water supply, sewage and waste water disposal,
lighting and ventilation, insect and rodent control, shell disposal, garbage and waste disposal, cleanliness of establishment, the handling, storage, construction and maintenance of
equipment, the handling, storage and refrigeration of shellfish, the identification of containers, and the handling, maintenance, and storage of permits, certificates, and records
regarding shellfish taken under this chapter. [1995 c 147 § 2;
1955 c 144 § 3.]
69.30.060
69.30.060 Certificates of approval—Culling, shucking, packing establishments. No person shall cull, shuck, or
pack shellfish in the state of Washington in a commercial
quantity or for sale for human consumption unless the establishment in which such operations are conducted has been
certified by the department as meeting the requirements of
the state board of health. Any person desiring to cull, shuck,
or pack shellfish within the state of Washington in a commercial quantity or for sale for human consumption, shall apply
to the department for a certificate of approval for the establishment in which such operations will be done. The department shall cause such establishment to be inspected, and if
the establishment meets the sanitary requirements of the state
board of health, the department shall issue a certificate of
approval. Such certificates of approval shall be issued for a
period not to exceed twelve months, and may be revoked at
any time the establishment or the operations are found not to
be in compliance with the sanitary requirements of the state
board of health. [1985 c 51 § 3; 1955 c 144 § 6.]
69.30.070
69.30.070 Certificates of approval—Compliance
with other laws and rules required. Any certificate of
approval issued under the provisions of this chapter shall not
relieve any person from complying with the laws, rules
and/or regulations of the department of fish and wildlife, relative to shellfish. [1994 c 264 § 40; 1955 c 144 § 7.]
69.30.080
69.30.050
69.30.050 Certificates of approval—Shellfish growing areas. Shellfish growing areas, from which shellfish are
removed in a commercial quantity or for sale for human consumption shall meet the requirements of this chapter and the
state board of health; and such shellfish growing areas shall
be so certified by the department. Any person desiring to
remove shellfish in a commercial quantity or for sale for
human consumption from a growing area in the state of
Washington shall first apply to the department for a certificate of approval of the growing area. The department shall
[Title 69 RCW—page 40]
69.30.080 Certificates of approval—Denial, revocation, suspension, modification—Procedure. The department may deny, revoke, suspend, or modify a certificate of
approval, license, or other necessary departmental approval
in any case in which it determines there has been a failure or
refusal to comply with this chapter or rules adopted under it.
RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an
adjudicative proceeding. [1991 c 3 § 304; 1989 c 175 § 125;
1979 c 141 § 71; 1955 c 144 § 8.]
Effective date—1989 c 175: See note following RCW 34.05.010.
(2006 Ed.)
Sanitary Control of Shellfish
69.30.085
69.30.085 License, certificate of approval—Denial,
revocation, suspension—Prohibited acts. (1) A person
whose license or certificate of approval is denied, revoked, or
suspended as a result of violations of this chapter or rules
adopted under this chapter may not:
(a) Serve as the person in charge of, be employed by,
manage, or otherwise participate to any degree in a shellfish
operation licensed or certified under this chapter or rules
adopted under this chapter; or
(b) Participate in the harvesting, shucking, packing, or
shipping of shellfish in commercial quantities or for sale for
human consumption.
(2) This section applies to a person only during the
period of time in which that person’s license or certificate of
approval is denied, revoked, or suspended. [1998 c 44 § 1.]
69.30.110
69.30.110 Possession or sale in violation of chapter—
Enforcement—Seizure—Disposal. It is unlawful for any
person to possess a commercial quantity of shellfish or to sell
or offer to sell shellfish in the state which have not been
grown, shucked, packed, or shipped in accordance with the
provisions of this chapter. Failure of a shellfish grower to display immediately a certificate of approval issued under RCW
69.30.050 to an authorized representative of the department,
a fish and wildlife officer, or an ex officio fish and wildlife
officer subjects the grower to the penalty provisions of this
chapter, as well as immediate seizure of the shellfish by the
representative or officer.
Failure of a shellfish processor to display a certificate of
approval issued under RCW 69.30.060 to an authorized representative of the department, a fish and wildlife officer, or an
ex officio fish and wildlife officer subjects the processor to
the penalty provisions of this chapter, as well as immediate
seizure of the shellfish by the representative or officer.
Shellfish seized under this section shall be subject to
prompt disposal by the representative or officer and may not
be used for human consumption. The state board of health
shall develop by rule procedures for the disposal of the seized
shellfish. [2001 c 253 § 6; 1995 c 147 § 4; 1985 c 51 § 4;
1979 c 141 § 74; 1955 c 144 § 11.]
69.30.120
69.30.120 Inspection by department—Access to regulated business or entity—Administrative inspection
warrant. The department may enter and inspect any shellfish growing area or establishment for the purposes of determining compliance with this chapter and rules adopted under
this chapter. The department may inspect all shellfish, all permits, all certificates of approval and all records.
During such inspections the department shall have free
and unimpeded access to all buildings, yards, warehouses,
storage and transportation facilities, vehicles, and other
places reasonably considered to be or to have been part of the
regulated business or entity, to all ledgers, books, accounts,
memorandums, or records required to be compiled or maintained under this chapter or under rules adopted pursuant to
this chapter, and to any products, components, or other materials reasonably believed to be or to have been used, processed, or produced by or in connection with the regulated
business or activity. In connection with such inspections the
department may take such samples or specimens as may be
(2006 Ed.)
69.30.150
reasonably necessary to determine whether there exists a violation of this chapter or rules adopted under this chapter.
Inspection of establishments may be conducted between
eight a.m. and five p.m. on any weekday that is not a legal
holiday, during any time the regulated business or entity has
established as its usual business hours, at any time the regulated business or entity is open for business or is otherwise in
operation, and at any other time with the consent of the owner
or authorized agent of the regulated business or entity.
The department may apply for an administrative inspection warrant to a court of competent jurisdiction and an
administrative inspection warrant may issue where:
(1) The department has attempted an inspection under
this chapter and access to all or part of the regulated business
or entity has been actually or constructively denied; or
(2) There is reasonable cause to believe that a violation
of this chapter or of rules adopted under this chapter is occurring or has occurred. [1995 c 147 § 5; 1985 c 51 § 5; 1955 c
144 § 12.]
69.30.130
69.30.130 Water pollution laws and rules applicable.
All existing laws and rules and regulations governing the pollution of waters of the state shall apply in the control of pollution of shellfish growing areas. [1955 c 144 § 13.]
69.30.140
69.30.140 Penalties. Any person convicted of violating
any of the provisions of this chapter shall be guilty of a gross
misdemeanor. A conviction is an unvacated forfeiture of bail
or collateral deposited to secure the defendant’s appearance
in court, the payment of a fine, a plea of guilty, or a finding of
guilt on a violation of this chapter, regardless of whether
imposition of sentence is deferred or the penalty is suspended, and shall be treated as a conviction for purposes of
license revocation and suspension of privileges under *RCW
77.15.700(5). [2001 c 253 § 7; 1995 c 147 § 6; 1985 c 51 §
6; 1955 c 144 § 14.]
*Reviser’s note: RCW 77.15.700 was amended by 2003 c 386 § 2,
deleting subsection (5).
69.30.145
69.30.145 Civil penalties. As limited by RCW
69.30.150, the department may impose civil penalties for violations of standards set forth in this chapter or rules adopted
under RCW 69.30.030. [1989 c 200 § 3.]
69.30.150
69.30.150 Civil penalties—General provisions. (1) In
addition to any other penalty provided by law, every person
who violates standards set forth in this chapter or rules
adopted under RCW 69.30.030 is subject to a penalty of not
more than five hundred dollars per day for every violation.
Every violation is a separate and distinct offense. In case of a
continuing violation, every day’s continuance is a separate
and distinct violation. Every person who, through an act of
commission or omission, procures, aids, or abets in the violation is in violation of this section and is subject to the penalty
provided in this section.
(2) The penalty provided for in this section shall be
imposed by a notice in writing to the person against whom
the civil fine is assessed and shall describe the violation with
reasonable particularity. The notice shall be personally
served in the manner of service of a summons in a civil action
[Title 69 RCW—page 41]
69.30.900
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
or in a manner which shows proof of receipt. Any penalty
imposed by this section shall become due and payable
twenty-eight days after receipt of notice unless application
for remission or mitigation is made as provided in subsection
(3) of this section or unless application for an adjudicative
proceeding is filed as provided in subsection (4) of this section.
(3) Within fourteen days after the notice is received, the
person incurring the penalty may apply in writing to the
department for the remission or mitigation of the penalty.
Upon receipt of the application, the department may remit or
mitigate the penalty upon whatever terms the department
deems proper, giving consideration to the degree of hazard
associated with the violation. The department may only grant
a remission or mitigation that it deems to be in the best interests of carrying out the purposes of this chapter. The department may ascertain the facts regarding all such applications
in a manner it deems proper. When an application for remission or mitigation is made, any penalty incurred pursuant to
this section becomes due and payable twenty-eight days after
receipt of the notice setting forth the disposition of the application, unless an application for an adjudicative proceeding
to contest the disposition is filed as provided in subsection (4)
of this section.
(4) Within twenty-eight days after notice is received, the
person incurring the penalty may file an application for an
adjudicative proceeding and may pursue subsequent review
as provided in chapter 34.05 RCW and applicable rules of the
department or board of health.
(5) Any penalty imposed by final order following an
adjudicative proceeding becomes due and payable upon service of the final order.
(6) The attorney general may bring an action in the name
of the department in the superior court of Thurston county or
of any county in which the violator may do business to collect
any penalty imposed under this chapter.
(7) All penalties imposed under this section shall be paid
to the state treasury and credited to the general fund. [1989 c
200 § 4.]
69.30.900
69.30.900 Severability—1955 c 144. If any provision
of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not
affect the provisions of the application of this chapter which
can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared
to be severable. [1955 c 144 § 15.]
Chapter 69.36 RCW
WASHINGTON CAUSTIC POISON ACT OF 1929
Chapter 69.36
Sections
69.36.010
69.36.020
69.36.030
69.36.040
69.36.050
69.36.060
69.36.070
Definitions.
Misbranded sales, etc., prohibited—Exceptions.
Condemnation of misbranded packages.
Enforcement—Approval of labels.
Duty to prosecute.
Penalty.
Short title.
Highway transportation of poisons, corrosives, etc.: RCW 46.48.170
through 46.48.180.
[Title 69 RCW—page 42]
69.36.010
69.36.010 Definitions. In this chapter, unless the context or subject matter otherwise requires,
(1) The term "dangerous caustic or corrosive substance"
means each and all of the acids, alkalis, and substances
named below: (a) Hydrochloric acid and any preparation
containing free or chemically unneutralized hydrochloric
acid (HCl) in a concentration of ten percent or more; (b) sulphuric acid and any preparation containing free or chemically
unneutralized sulphuric acid (H2SO4) in concentration of ten
percent or more; (c) nitric acid or any preparation containing
free or chemically unneutralized nitric acid (HNO3) in a concentration of five percent or more; (d) carbolic acid
(C6H5OH), otherwise known as phenol, and any preparation
containing carbolic acid in a concentration of five percent or
more; (e) oxalic acid and any preparation containing free or
chemically unneutralized oxalic acid (H2C2O4) in a concentration of ten percent or more; (f) any salt of oxalic acid and
any preparation containing any such salt in a concentration of
ten percent or more; (g) acetic acid or any preparation containing free or chemically unneutralized acetic acid
(HC2H3O2) in a concentration of twenty percent or more; (h)
hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield ten
percent or more by weight of available chlorine, excluding
calx chlorinata, bleaching powder, and chloride of lime; (i)
potassium hydroxide and any preparation containing free or
chemically unneutralized potassium hydroxide (KOH),
including caustic potash and Vienna paste, in a concentration
of ten percent or more; (j) sodium hydroxide and any preparation containing free or chemically unneutralized sodium
hydroxide (NaOH), including caustic soda and lye, in a concentration of ten percent or more; (k) silver nitrate, sometimes known as lunar caustic, and any preparation containing
silver nitrate (AgNO3) in a concentration of five percent or
more, and (l) ammonia water and any preparation yielding
free or chemically uncombined ammonia (NH3), including
ammonium hydroxide and "hartshorn", in a concentration of
five percent or more.
(2) The term "misbranded parcel, package, or container"
means a retail parcel, package, or container of any dangerous
caustic or corrosive substance for household use, not bearing
a conspicuous, easily legible label or sticker, containing (a)
the name of the article; (b) the name and place of business of
the manufacturer, packer, seller, or distributor; (c) the word
"POISON", running parallel with the main body of reading
matter on said label or sticker, on a clear, plain background of
a distinctly contrasting color, in uncondensed gothic capital
letters, the letters to be not less than twenty-four point size,
unless there is on said label or sticker no other type so large,
in which event the type shall be not smaller than the largest
type on the label or sticker, and (d) directions for treatment in
case of accidental personal injury by the dangerous caustic or
corrosive substance; PROVIDED, That such directions need
not appear on labels or stickers on parcels, packages or containers at the time of shipment or of delivery for shipment by
manufacturers or wholesalers for other than household use.
PROVIDED FURTHER, That this chapter is not to be construed as applying to any substance subject to the chapter,
sold at wholesale or retail for use by a retail druggist in filling
prescriptions or in dispensing, in pursuance of a prescription
(2006 Ed.)
Poisons—Sales and Manufacturing
by a physician, dentist, or veterinarian; or for use by or under
the direction of a physician, dentist, or veterinarian; or for use
by a chemist in the practice or teaching of his profession; or
for any industrial or professional use, or for use in any of the
arts and sciences. [1929 c 82 § 1; RRS § 2508-1. Formerly
RCW 69.36.010 and 69.36.020, part.]
69.36.020
69.36.020 Misbranded sales, etc., prohibited—
Exceptions. No person shall sell, barter, or exchange, or
receive, hold, pack, display, or offer for sale, barter, or
exchange, in this state any dangerous caustic or corrosive
substance in a misbranded parcel, package, or container, said
parcel, package, or container being designed for household
use; PROVIDED, That household products for cleaning and
washing purposes, subject to this chapter and labeled in
accordance therewith, may be sold, offered for sale, held for
sale and distributed in this state by any dealer, wholesale or
retail; PROVIDED FURTHER, That no person shall be liable
to prosecution and conviction under this chapter when he
establishes a guaranty bearing the signature and address of a
vendor residing in the United States from whom he purchased the dangerous caustic or corrosive substance, to the
effect that such substance is not misbranded within the meaning of this chapter. No person in this state shall give any such
guaranty when such dangerous caustic or corrosive substance
is in fact misbranded within the meaning of this chapter.
[1929 c 82 § 2; RRS § 2508-2. FORMER PART OF SECTION: 1929 c 82 § 1 now codified in RCW 69.32.010.]
69.36.030
69.36.030 Condemnation of misbranded packages.
Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household
use, that is being sold, bartered, or exchanged, or held, displayed, or offered for sale, barter, or exchange, shall be liable
to be proceeded against in any superior court within the jurisdiction of which the same is found and seized for confiscation, and if such substance is condemned as misbranded, by
said court, it shall be disposed of by destruction or sale, as the
court may direct; and if sold, the proceeds, less the actual
costs and charges, shall be paid over to the state treasurer; but
such substance shall not be sold contrary to the laws of the
state: PROVIDED, HOWEVER, That upon the payment of
the costs of such proceedings and the execution and delivery
of a good and sufficient bond to the effect that such substance
will not be unlawfully sold or otherwise disposed of, the
court may by order direct that such substance be delivered to
the owner thereof. Such condemnation proceedings shall
conform as near as may be to proceedings in the seizure, and
condemnation of substances unfit for human consumption.
[1929 c 82 § 3; RRS § 2508-3.]
69.36.040
69.36.040 Enforcement—Approval of labels. The
director of agriculture shall enforce the provisions of this
chapter, and he is hereby authorized and empowered to
approve and register such brands and labels intended for use
under the provisions of this chapter as may be submitted to
him for that purpose and as may in his judgment conform to
the requirements of this statute: PROVIDED, HOWEVER,
That in any prosecution under this chapter the fact that any
brand or label involved in said prosecution has not been sub(2006 Ed.)
69.38.030
mitted to said director for approval, or if submitted, has not
been approved by him, shall be immaterial. [1929 c 82 § 5;
RRS § 2508-5.]
69.36.050 Duty to prosecute. Every prosecuting attorney to whom there is presented, or who in any way procures,
satisfactory evidence of any violation of the provisions of this
chapter shall cause appropriate proceedings to be commenced and prosecuted in the proper courts, without delay,
for the enforcement of the penalties as in such cases herein
provided. [1929 c 82 § 6; RRS § 2508-6.]
69.36.050
69.36.060 Penalty. Any person violating the provisions
of this chapter shall be guilty of a misdemeanor. [1929 c 82
§ 4; RRS § 2508-4.]
69.36.060
69.36.070 Short title. This chapter may be cited as the
Washington Caustic Poison Act of 1929. [1929 c 82 § 7;
RRS § 2508-7.]
69.36.070
Chapter 69.38 RCW
POISONS—SALES AND MANUFACTURING
Chapter 69.38
Sections
69.38.010
69.38.020
69.38.030
69.38.040
69.38.050
69.38.060
"Poison" defined.
Exemptions from chapter.
Poison register—Identification of purchaser.
Inspection of poison register—Penalty for failure to maintain
register.
False representation—Penalty.
Manufacturers and sellers of poisons—License required—
Penalty.
69.38.010 "Poison" defined. As used in this chapter
"poison" means:
(1) Arsenic and its preparations;
(2) Cyanide and its preparations, including hydrocyanic
acid;
(3) Strychnine; and
(4) Any other substance designated by the state board of
pharmacy which, when introduced into the human body in
quantities of sixty grains or less, causes violent sickness or
death. [1987 c 34 § 1.]
69.38.010
69.38.020 Exemptions from chapter. All substances
regulated under chapters 15.58, 17.21, 69.04, 69.41, and
69.50 RCW, and chapter 69.45 RCW are exempt from the
provisions of this chapter. [1987 c 34 § 2.]
69.38.020
69.38.030 Poison register—Identification of purchaser. It is unlawful for any person, either on the person’s
own behalf or while an employee of another, to sell any poison without first recording in ink in a "poison register" kept
solely for this purpose the following information:
(1) The date and hour of the sale;
(2) The full name and home address of the purchaser;
(3) The kind and quantity of poison sold; and
(4) The purpose for which the poison is being purchased.
The purchaser shall present to the seller identification
which contains the purchaser’s photograph and signature. No
sale may be made unless the seller is satisfied that the purchaser’s representations are true and that the poison will be
69.38.030
[Title 69 RCW—page 43]
69.38.040
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
used for a lawful purpose. Both the purchaser and the seller
shall sign the poison register entry.
If a delivery of a poison will be made outside the confines of the seller’s premises, the seller may require the business purchasing the poison to submit a letter of authorization
as a substitute for the purchaser’s photograph and signature
requirements. The letter of authorization shall include the
unified business identifier and address of the business, a full
description of how the substance will be used, and the signature of the purchaser. Either the seller or the employee of the
seller delivering or transferring the poison shall affix his or
her signature to the letter as a witness to the signature and
identification of the purchaser. The transaction shall be
recorded in the poison register as provided in this section.
Letters of authorization shall be kept with the poison register
and shall be subject to the inspection and preservation
requirements contained in RCW 69.38.040. [1988 c 197 § 1;
1987 c 34 § 3.]
69.38.040
69.38.040 Inspection of poison register—Penalty for
failure to maintain register. Every poison register shall be
open for inspection by law enforcement and health officials
at all times and shall be preserved for at least two years after
the date of the last entry. Any person failing to maintain the
poison register as required in this chapter is guilty of a misdemeanor. [1987 c 34 § 4.]
69.38.050
69.38.050 False representation—Penalty. Any person
making any false representation to a seller when purchasing a
poison is guilty of a gross misdemeanor. [1987 c 34 § 5.]
69.38.060
69.38.060 Manufacturers and sellers of poisons—
License required—Penalty. The state board of pharmacy,
after consulting with the department of health, shall require
and provide for the annual licensure of every person now or
hereafter engaged in manufacturing or selling poisons within
this state. Upon a payment of a fee as set by the department,
the department shall issue a license in such form as it may
prescribe to such manufacturer or seller. Such license shall be
displayed in a conspicuous place in such manufacturer’s or
seller’s place of business for which it is issued.
Any person manufacturing or selling poison within this
state without a license is guilty of a misdemeanor. [1989 1st
ex.s. c 9 § 440; 1987 c 34 § 6.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Chapter 69.40
Chapter 69.40 RCW
POISONS AND DANGEROUS DRUGS
Sections
69.40.010
69.40.015
69.40.020
69.40.025
69.40.030
69.40.055
69.40.150
Poison in edible products.
Poison in edible products—Penalty.
Poison in milk or food products—Penalty.
Supplementary to existing laws—Enforcement.
Placing poison or other harmful object or substance in food,
drinks, medicine, or water—Penalty.
Selling repackaged poison without labeling—Penalty.
Drug control assistance unit investigative assistance for
enforcement of chapter.
Pharmacists: Chapter 18.64 RCW.
Poison information centers: Chapter 18.76 RCW.
[Title 69 RCW—page 44]
Poisoning animals—Strychnine sales: RCW 16.52.190 and 16.52.193.
Washington pesticide application act: Chapter 17.21 RCW.
69.40.010
69.40.010 Poison in edible products. It shall be unlawful for any person to sell, offer for sale, use, distribute, or
leave in any place, any crackers, biscuit, bread or any other
preparation resembling or in similitude, of any edible product, containing arsenic, strychnine or any other poison. [1905
c 141 § 1; RRS § 6140. FORMER PART OF SECTION:
1905 c 141 § 2 now codified as RCW 69.40.015.]
69.40.015
69.40.015 Poison in edible products—Penalty. Any
person violating the provisions of RCW 69.40.010 shall upon
conviction be punished by a fine of not less than ten dollars
nor more than five hundred dollars. [1905 c 141 § 2; RRS §
6141. Formerly RCW 69.40.010, part.]
69.40.020
69.40.020 Poison in milk or food products—Penalty.
Any person who shall sell, offer to sell, or have in his or her
possession for the purpose of sale, either as owner, proprietor, or assistant, or in any manner whatsoever, whether for
hire or otherwise, any milk or any food products, containing
the chemical ingredient commonly known as formaldehyde,
or in which any formaldehyde or other poisonous substance
has been mixed, for the purpose of preservation or otherwise,
is guilty of a class C felony, and upon conviction thereof shall
be imprisoned in the penitentiary for the period of not less
than one year nor more than three years. [2003 c 53 § 320;
1905 c 50 § 1; RRS § 6142. FORMER PART OF SECTION:
1905 c 50 § 2, now codified as RCW 69.40.025.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.40.025
69.40.025 Supplementary to existing laws—Enforcement. *This act shall be supplementary to the laws of this
state now in force prohibiting the adulteration of food and
fraud in the sale thereof; and the state dairy and food commissioner, the chemist of the state agricultural experiment station, the state attorney general and the prosecuting attorneys
of the several counties of this state are hereby required, without additional compensation, to assist in the execution of
*this act, and in the prosecution of all persons charged with
the violation thereof, in like manner and with like powers as
they are now authorized and required by law to enforce the
laws of this state against the adulteration of food and fraud in
the sale thereof. [1905 c 50 § 2; RRS § 6143. Formerly RCW
69.40.020, part.]
Reviser’s note: *(1) "This act" appears in 1905 c 50 and the sections of
the act are codified as RCW 69.40.020 and 69.40.025.
(2) The duties of the state dairy and food commissioner have devolved
upon the director of agriculture through a chain of statute as follows: 1913 c
60 § 6(2); 1921 c 7 § 93(1). See RCW 43.23.090(1).
69.40.030
69.40.030 Placing poison or other harmful object or
substance in food, drinks, medicine, or water—Penalty.
(1) Every person who willfully mingles poison or places any
harmful object or substance, including but not limited to pins,
tacks, needles, nails, razor blades, wire, or glass in any food,
drink, medicine, or other edible substance intended or prepared for the use of a human being or who shall knowingly
furnish, with intent to harm another person, any food, drink,
(2006 Ed.)
Legend Drugs—Prescription Drugs
medicine, or other edible substance containing such poison or
harmful object or substance to another human being, and
every person who willfully poisons any spring, well, or reservoir of water, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not
less than five years or by a fine of not less than one thousand
dollars.
(2) *This act shall not apply to the employer or employers of a person who violates this section without such
employer’s knowledge. [2003 c 53 § 321; 1992 c 7 § 48;
1973 c 119 § 1; 1909 c 249 § 264; RRS § 2516. Prior: Code
1881 § 802; 1873 p 185 § 27; 1869 p 202 § 25; 1854 p 79 §
25.]
*Reviser’s note: "this act" refers to the 1973 c 119 § 1 amendment to
this section.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
SUBSTITUTION OF PRESCRIPTION DRUGS
69.41.100
69.41.110
69.41.120
69.41.130
69.41.140
69.41.150
69.41.160
69.41.170
69.41.180
69.41.190
69.40.150
69.40.150 Drug control assistance unit investigative
assistance for enforcement of chapter. See RCW
43.43.610.
Chapter 69.41 RCW
LEGEND DRUGS—PRESCRIPTION DRUGS
Chapter 69.41
Sections
69.41.010
69.41.020
69.41.030
69.41.032
69.41.040
69.41.042
69.41.044
69.41.050
69.41.055
69.41.060
69.41.062
69.41.065
69.41.072
69.41.075
69.41.080
69.41.085
(2006 Ed.)
Definitions.
Prohibited acts—Information not privileged communication.
Sale, delivery, or possession of legend drug without prescription or order prohibited—Exceptions—Penalty.
Prescription of legend drugs by dialysis programs.
Prescription requirements—Penalty.
Record requirements.
Confidentiality.
Labeling requirements—Penalty.
Electronic communication of prescription information—
Board may adopt rules.
Search and seizure.
Search and seizure at rental premises—Notification of landlord.
Violations—Juvenile driving privileges.
Violations of chapter 69.50 RCW not to be charged under
chapter 69.41 RCW—Exception.
Rules—Availability of lists of drugs.
Animal control—Rules for possession and use of legend
drugs.
Medication assistance—Community-based care setting.
Legislative recognition and declaration.
Definitions.
Prescriptions to contain instruction as to whether or not a therapeutically equivalent generic drug may be substituted—
Out-of-state prescriptions—Form—Contents—Procedure.
Savings in price to be passed on to purchaser.
Minimum manufacturing standards and practices.
Liability of practitioner, pharmacist.
Pharmacy signs as to substitution for prescribed drugs.
Coercion of pharmacist prohibited—Penalty.
Rules.
Preferred drug substitution—Exceptions—Notice.
IDENTIFICATION OF LEGEND DRUGS—MARKING
69.41.200
69.41.210
69.41.220
69.41.230
69.41.240
69.41.250
69.41.260
69.41.280
Requirements for identification of legend drugs—Marking.
Definitions.
Published lists of drug imprints—Requirements for.
Drugs in violation are contraband.
Rules—Labeling and marking.
Exemptions.
Manufacture or distribution for resale—Requirements.
Confidentiality.
69.41.300
69.41.310
69.41.320
69.41.330
69.41.340
69.41.350
69.41.900
Definitions.
Rules.
Practitioners—Restricted use—Medical records.
Public warnings—School districts.
Student athletes—Violations—Penalty.
Penalties.
Severability—1979 c 110.
69.40.055
69.40.055 Selling repackaged poison without labeling—Penalty. It shall be unlawful for any person to sell at
retail or furnish any repackaged poison drug or product without affixing or causing to be affixed to the bottle, box, vessel,
or package a label containing the name of the article, all
labeling required by the Food and Drug Administration and
other federal or state laws or regulations, and the word "poison" distinctly shown with the name and place of the business
of the seller.
This section shall not apply to the dispensing of drugs or
poisons on the prescription of a practitioner.
The board of pharmacy shall have the authority to promulgate rules for the enforcement and implementation of this
section.
Every person who shall violate any of the provisions of
this section shall be guilty of a misdemeanor. [1981 c 147 §
4.]
69.41.010
USE OF STEROIDS
Drug nuisances—Injunctions: Chapter 7.43 RCW.
69.41.010
69.41.010 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise:
(1) "Administer" means the direct application of a legend
drug whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject by:
(a) A practitioner; or
(b) The patient or research subject at the direction of the
practitioner.
(2) "Community-based care settings" include: Community residential programs for the developmentally disabled,
certified by the department of social and health services
under chapter 71A.12 RCW; adult family homes licensed
under chapter 70.128 RCW; and boarding homes licensed
under chapter 18.20 RCW. Community-based care settings
do not include acute care or skilled nursing facilities.
(3) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a
legend drug, whether or not there is an agency relationship.
(4) "Department" means the department of health.
(5) "Dispense" means the interpretation of a prescription
or order for a legend drug and, pursuant to that prescription or
order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or
order for delivery.
(6) "Dispenser" means a practitioner who dispenses.
(7) "Distribute" means to deliver other than by administering or dispensing a legend drug.
(8) "Distributor" means a person who distributes.
(9) "Drug" means:
(a) Substances recognized as drugs in the official United
States pharmacopoeia, official homeopathic pharmacopoeia
of the United States, or official national formulary, or any
supplement to any of them;
[Title 69 RCW—page 45]
69.41.020
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(b) Substances intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or animals;
(c) Substances (other than food, minerals or vitamins)
intended to affect the structure or any function of the body of
man or animals; and
(d) Substances intended for use as a component of any
article specified in (a), (b), or (c) of this subsection. It does
not include devices or their components, parts, or accessories.
(10) "Electronic communication of prescription information" means the communication of prescription information
by computer, or the transmission of an exact visual image of
a prescription by facsimile, or other electronic means for
original prescription information or prescription refill information for a legend drug between an authorized practitioner
and a pharmacy or the transfer of prescription information for
a legend drug from one pharmacy to another pharmacy.
(11) "In-home care settings" include an individual’s
place of temporary and permanent residence, but does not
include acute care or skilled nursing facilities, and does not
include community-based care settings.
(12) "Legend drugs" means any drugs which are required
by state law or regulation of the state board of pharmacy to be
dispensed on prescription only or are restricted to use by
practitioners only.
(13) "Legible prescription" means a prescription or medication order issued by a practitioner that is capable of being
read and understood by the pharmacist filling the prescription
or the nurse or other practitioner implementing the medication order. A prescription must be hand printed, typewritten,
or electronically generated.
(14) "Medication assistance" means assistance rendered
by a nonpractitioner to an individual residing in a community-based care setting or in-home care setting to facilitate the
individual’s self-administration of a legend drug or controlled substance. It includes reminding or coaching the individual, handing the medication container to the individual,
opening the individual’s medication container, using an
enabler, or placing the medication in the individual’s hand,
and such other means of medication assistance as defined by
rule adopted by the department. A nonpractitioner may help
in the preparation of legend drugs or controlled substances
for self-administration where a practitioner has determined
and communicated orally or by written direction that such
medication preparation assistance is necessary and appropriate. Medication assistance shall not include assistance with
intravenous medications or injectable medications, except
prefilled insulin syringes.
(15) "Person" means individual, corporation, government or governmental subdivision or agency, business trust,
estate, trust, partnership or association, or any other legal
entity.
(16) "Practitioner" means:
(a) A physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon
under chapter 18.57 RCW, a dentist under chapter 18.32
RCW, a podiatric physician and surgeon under chapter 18.22
RCW, a veterinarian under chapter 18.92 RCW, a registered
nurse, advanced registered nurse practitioner, or licensed
practical nurse under chapter 18.79 RCW, an optometrist
under chapter 18.53 RCW who is certified by the optometry
[Title 69 RCW—page 46]
board under RCW 18.53.010, an osteopathic physician assistant under chapter 18.57A RCW, a physician assistant under
chapter 18.71A RCW, a naturopath licensed under chapter
18.36A RCW, a pharmacist under chapter 18.64 RCW, or,
when acting under the required supervision of a dentist
licensed under chapter 18.32 RCW, a dental hygienist
licensed under chapter 18.29 RCW;
(b) A pharmacy, hospital, or other institution licensed,
registered, or otherwise permitted to distribute, dispense,
conduct research with respect to, or to administer a legend
drug in the course of professional practice or research in this
state; and
(c) A physician licensed to practice medicine and surgery or a physician licensed to practice osteopathic medicine
and surgery in any state, or province of Canada, which shares
a common border with the state of Washington.
(17) "Secretary" means the secretary of health or the secretary’s designee. [2006 c 8 § 115. Prior: 2003 c 257 § 2;
2003 c 140 § 11; 2000 c 8 § 2; prior: 1998 c 222 § 1; 1998 c
70 § 2; 1996 c 178 § 16; 1994 sp.s. c 9 § 736; prior: 1989 1st
ex.s. c 9 § 426; 1989 c 36 § 3; 1984 c 153 § 17; 1980 c 71 §
1; 1979 ex.s. c 139 § 1; 1973 1st ex.s. c 186 § 1.]
Findings—2006 c 8: "The legislature finds that prescription drug errors
occur because the pharmacist or nurse cannot read the prescription from the
physician or other provider with prescriptive authority. The legislature further finds that legible prescriptions can prevent these errors." [2006 c 8 §
114.]
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Effective date—2003 c 140: See note following RCW 18.79.040.
Findings—Intent—2000 c 8: "The legislature finds that we have one
of the finest health care systems in the world and excellent professionals to
deliver that care. However, there are incidents of medication errors that are
avoidable and serious mistakes that are preventable. Medical errors throughout the health care system constitute one of the nation’s leading causes of
death and injury resulting in over seven thousand deaths a year, according to
a recent report from the institute of medicine. The majority of medical errors
do not result from individual recklessness, but from basic flaws in the way
the health system is organized. There is a need for a comprehensive strategy
for government, industry, consumers, and health providers to reduce medical
errors. The legislature declares a need to bring about greater safety for
patients in this state who depend on prescription drugs.
It is the intent of the legislature to promote medical safety as a top priority for all citizens of our state." [2000 c 8 § 1.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.41.020
69.41.020 Prohibited acts—Information not privileged communication. Legend drugs shall not be sold,
delivered, dispensed or administered except in accordance
with this chapter.
(1) No person shall obtain or attempt to obtain a legend
drug, or procure or attempt to procure the administration of a
legend drug:
(a) By fraud, deceit, misrepresentation, or subterfuge; or
(b) By the forgery or alteration of a prescription or of any
written order; or
(c) By the concealment of a material fact; or
(d) By the use of a false name or the giving of a false
address.
(2006 Ed.)
Legend Drugs—Prescription Drugs
(2) Information communicated to a practitioner in an
effort unlawfully to procure a legend drug, or unlawfully to
procure the administration of any such drug, shall not be
deemed a privileged communication.
(3) No person shall willfully make a false statement in
any prescription, order, report, or record, required by this
chapter.
(4) No person shall, for the purpose of obtaining a legend
drug, falsely assume the title of, or represent himself or herself to be, a manufacturer, wholesaler, or any practitioner.
(5) No person shall make or utter any false or forged prescription or other written order for legend drugs.
(6) No person shall affix any false or forged label to a
package or receptacle containing legend drugs.
(7) No person shall willfully fail to maintain the records
required by RCW 69.41.042 and *69.41.270.
(8) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 322.
Prior: 1989 1st ex.s. c 9 § 408; 1989 c 352 § 8; 1973 1st ex.s.
c 186 § 2.]
69.41.042
the usual course of business or employment: PROVIDED
FURTHER, That nothing in this chapter or chapter 18.64
RCW shall prevent a family planning clinic that is under contract with the department of social and health services from
selling, delivering, possessing, and dispensing commercially
prepackaged oral contraceptives prescribed by authorized,
licensed health care practitioners.
(2)(a) A violation of this section involving the sale,
delivery, or possession with intent to sell or deliver is a class
B felony punishable according to chapter 9A.20 RCW.
(b) A violation of this section involving possession is a
misdemeanor. [2003 c 142 § 3; 2003 c 53 § 323; 1996 c 178
§ 17; 1994 sp.s. c 9 § 737; 1991 c 30 § 1; 1990 c 219 § 2; 1987
c 144 § 1; 1981 c 120 § 1; 1979 ex.s. c 139 § 2; 1977 c 69 §
1; 1973 1st ex.s. c 186 § 3.]
Reviser’s note: This section was amended by 2003 c 53 § 323 and by
2003 c 142 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—2003 c 142: See note following RCW 18.53.010.
*Reviser’s note: RCW 69.41.270 was repealed by 2003 c 275 § 5.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1996 c 178: See note following RCW 18.35.110.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.41.030
69.41.030 Sale, delivery, or possession of legend drug
without prescription or order prohibited—Exceptions—
Penalty. (1) It shall be unlawful for any person to sell,
deliver, or possess any legend drug except upon the order or
prescription of a physician under chapter 18.71 RCW, an
osteopathic physician and surgeon under chapter 18.57
RCW, an optometrist licensed under chapter 18.53 RCW
who is certified by the optometry board under RCW
18.53.010, a dentist under chapter 18.32 RCW, a podiatric
physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a commissioned medical or
dental officer in the United States armed forces or public
health service in the discharge of his or her official duties, a
duly licensed physician or dentist employed by the veterans
administration in the discharge of his or her official duties, a
registered nurse or advanced registered nurse practitioner
under chapter 18.79 RCW when authorized by the nursing
care quality assurance commission, an osteopathic physician
assistant under chapter 18.57A RCW when authorized by the
board of osteopathic medicine and surgery, a physician assistant under chapter 18.71A RCW when authorized by the
medical quality assurance commission, a physician licensed
to practice medicine and surgery or a physician licensed to
practice osteopathic medicine and surgery, a dentist licensed
to practice dentistry, a podiatric physician and surgeon
licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine, in any
province of Canada which shares a common border with the
state of Washington or in any state of the United States:
PROVIDED, HOWEVER, That the above provisions shall
not apply to sale, delivery, or possession by drug wholesalers
or drug manufacturers, or their agents or employees, or to any
practitioner acting within the scope of his or her license, or to
a common or contract carrier or warehouseman, or any
employee thereof, whose possession of any legend drug is in
(2006 Ed.)
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Finding—1990 c 219: "The legislature finds that Washington citizens
in the border areas of this state are prohibited from having prescriptions from
out-of-state dentists and veterinarians filled at their in-state pharmacies, and
that it is in the public interest to remove this barrier for the state’s citizens."
[1990 c 219 § 1.]
69.41.032
69.41.032 Prescription of legend drugs by dialysis
programs. This chapter shall not prevent a medicareapproved dialysis center or facility operating a medicareapproved home dialysis program from selling, delivering,
possessing, or dispensing directly to its dialysis patients, in
case or full shelf lots, if prescribed by a physician licensed
under chapter 18.57 or 18.71 RCW, those legend drugs determined by the board pursuant to rule. [1987 c 41 § 2.]
Application of pharmacy statutes to dialysis programs: RCW 18.64.257.
69.41.040
69.41.040 Prescription requirements—Penalty. (1)
A prescription, in order to be effective in legalizing the possession of legend drugs, must be issued for a legitimate medical purpose by one authorized to prescribe the use of such
legend drugs. An order purporting to be a prescription issued
to a drug abuser or habitual user of legend drugs, not in the
course of professional treatment, is not a prescription within
the meaning and intent of this section; and the person who
knows or should know that he or she is filling such an order,
as well as the person issuing it, may be charged with violation
of this chapter. A legitimate medical purpose shall include
use in the course of a bona fide research program in conjunction with a hospital or university.
(2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 324;
1973 1st ex.s. c 186 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.41.042
69.41.042 Record requirements. A pharmaceutical
manufacturer, wholesaler, pharmacy, or practitioner who
[Title 69 RCW—page 47]
69.41.044
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
purchases, dispenses, or distributes legend drugs shall maintain invoices or such other records as are necessary to account
for the receipt and disposition of the legend drugs.
The records maintained pursuant to this section shall be
available for inspection by the board and its authorized representatives and shall be maintained for two years. [1989 1st
ex.s. c 9 § 405.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.41.044
69.41.044 Confidentiality. All records, reports, and
information obtained by the board or its authorized representatives from or on behalf of a pharmaceutical manufacturer,
representative of a manufacturer, wholesaler, pharmacy, or
practitioner who purchases, dispenses, or distributes legend
drugs under this chapter are confidential and exempt from
public inspection and copying under chapter 42.56 RCW.
Nothing in this section restricts the investigations or the proceedings of the board so long as the board and its authorized
representatives comply with the provisions of chapter 42.56
RCW. [2005 c 274 § 328; 1989 1st ex.s. c 9 § 406.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.41.050
69.41.050 Labeling requirements—Penalty. (1) To
every box, bottle, jar, tube or other container of a legend
drug, which is dispensed by a practitioner authorized to prescribe legend drugs, there shall be affixed a label bearing the
name of the prescriber, complete directions for use, the name
of the drug either by the brand or generic name and strength
per unit dose, name of patient and date: PROVIDED, That
the practitioner may omit the name and dosage of the drug if
he or she determines that his or her patient should not have
this information and that, if the drug dispensed is a trial sample in its original package and which is labeled in accordance
with federal law or regulation, there need be set forth additionally only the name of the issuing practitioner and the
name of the patient.
(2) A violation of this section is a misdemeanor. [2003 c
53 § 325; 1980 c 83 § 8; 1973 1st ex.s. c 186 § 5.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.41.055
69.41.055 Electronic communication of prescription
information—Board may adopt rules. (1) Information
concerning an original prescription or information concerning a prescription refill for a legend drug may be electronically communicated between an authorized practitioner and a
pharmacy of the patient’s choice with no intervening person
having access to the prescription drug order pursuant to the
provisions of this chapter if the electronically communicated
prescription information complies with the following:
(a) Electronically communicated prescription information must comply with all applicable statutes and rules
regarding the form, content, recordkeeping, and processing
of a prescription for a legend drug;
(b) The system used for transmitting electronically communicated prescription information and the system used for
receiving electronically communicated prescription informa[Title 69 RCW—page 48]
tion must be approved by the board. This subsection does not
apply to currently used facsimile equipment transmitting an
exact visual image of the prescription. The board shall maintain and provide, upon request, a list of systems used for electronically communicating prescription information currently
approved by the board;
(c) An explicit opportunity for practitioners must be
made to indicate their preference on whether a therapeutically equivalent generic drug may be substituted;
(d) Prescription drug orders are confidential health information, and may be released only to the patient or the
patient’s authorized representative, the prescriber or other
authorized practitioner then caring for the patient, or other
persons specifically authorized by law to receive such information;
(e) To maintain confidentiality of prescription records,
the electronic system shall have adequate security and systems safeguards designed to prevent and detect unauthorized
access, modification, or manipulation of these records. The
pharmacist in charge shall establish or verify the existence of
policies and procedures which ensure the integrity and confidentiality of prescription information transmitted to the pharmacy by electronic means. All managers, employees, and
agents of the pharmacy are required to read, sign, and comply
with the established policies and procedures; and
(f) The pharmacist shall exercise professional judgment
regarding the accuracy, validity, and authenticity of the prescription drug order received by way of electronic transmission, consistent with federal and state laws and rules and
guidelines of the board.
(2) The board may adopt rules implementing this section. [1998 c 222 § 2.]
69.41.060
69.41.060 Search and seizure. If, upon the sworn complaint of any person, it shall be made to appear to any judge
of the superior or district court that there is probable cause to
believe that any legend drug is being used, manufactured,
sold, bartered, exchanged, given away, furnished or otherwise disposed of or kept in violation of the provisions of this
chapter, such judge shall, with or without the approval of the
prosecuting attorney, issue a warrant directed to any peace
officer in the county, commanding the peace officer to search
the premises designated and described in such complaint and
warrant, and to seize all legend drugs there found, together
with the vessels in which they are contained, and all implements, furniture and fixtures used or kept for the illegal manufacture, sale, barter, exchange, giving away, furnishing or
otherwise disposing of such legend drugs and to safely keep
the same, and to make a return of said warrant within three
days, showing all acts and things done thereunder, with a particular statement of all articles seized and the name of the person or persons in whose possession the same were found, if
any, and if no person be found in the possession of said articles, the returns shall so state. A copy of said warrant shall be
served upon the person or persons found in possession of any
such legend drugs, furniture or fixtures so seized, and if no
person be found in the possession thereof, a copy of said warrant shall be posted on the door of the building or room
wherein the same are found, or, if there be no door, then in
any conspicuous place upon the premises. [1987 c 202 § 227;
1973 1st ex.s. c 186 § 6.]
(2006 Ed.)
Legend Drugs—Prescription Drugs
Intent—1987 c 202: See note following RCW 2.04.190.
69.41.062
69.41.062 Search and seizure at rental premises—
Notification of landlord. Whenever a legend drug which is
sold, delivered, or possessed in violation of this chapter is
seized at rental premises, the law enforcement agency shall
make a reasonable attempt to discover the identity of the
landlord and shall notify the landlord in writing, at the last
address listed in the property tax records and at any other
address known by the law enforcement agency, of the seizure
and the location of the seizure. [1988 c 150 § 8.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
69.41.100
ations indicate the drug is not safe for use except under the
supervision of a practitioner.
In identifying legend drugs the board may incorporate in
its rules lists of drugs contained in commercial pharmaceutical publications by making specific reference to each such
list and the date and edition of the commercial publication
containing it. Any such lists so incorporated shall be available for public inspection at the headquarters of the department of health and shall be available on request from the
department of health upon payment of a reasonable fee to be
set by the department. [1989 1st ex.s. c 9 § 427; 1979 ex.s. c
139 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.41.065
69.41.065 Violations—Juvenile driving privileges.
(1) If a juvenile thirteen years of age or older and under the
age of twenty-one is found by a court to have committed any
offense that is a violation of this chapter, the court shall notify
the department of licensing within twenty-four hours after
entry of the judgment.
(2) Except as otherwise provided in subsection (3) of this
section, upon petition of a juvenile whose privilege to drive
has been revoked pursuant to RCW 46.20.265, the court may
notify the department of licensing that the juvenile’s privilege to drive should be reinstated.
(3) If the conviction is for the juvenile’s first violation of
this chapter or chapter 66.44, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile’s privilege to drive revoked pursuant to RCW 46.20.265
until the later of ninety days after the date the juvenile turns
sixteen or ninety days after the judgment was entered. If the
conviction was for the juvenile’s second or subsequent violation of this chapter or chapter 66.44, 69.50, or 69.52 RCW,
the juvenile may not petition the court for reinstatement of
the juvenile’s privilege to drive revoked pursuant to RCW
46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered. [1989 c
271 § 119; 1988 c 148 § 4.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
69.41.072
69.41.072 Violations of chapter 69.50 RCW not to be
charged under chapter 69.41 RCW—Exception. Any
offense which is a violation of chapter 69.50 RCW other than
RCW 69.50.4012 shall not be charged under this chapter.
[2003 c 53 § 327.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.41.075
69.41.075 Rules—Availability of lists of drugs. The
state board of pharmacy may make such rules for the enforcement of this chapter as are deemed necessary or advisable.
The board shall identify, by rule-making pursuant to chapter
34.05 RCW, those drugs which may be dispensed only on
prescription or are restricted to use by practitioners, only. In
so doing the board shall consider the toxicity or other potentiality for harmful effect of the drug, the method of its use,
and any collateral safeguards necessary to its use. The board
shall classify a drug as a legend drug where these consider(2006 Ed.)
69.41.080 Animal control—Rules for possession and
use of legend drugs. Humane societies and animal control
agencies registered with the state board of pharmacy under
chapter 69.50 RCW and authorized to euthanize animals may
purchase, possess, and administer approved legend drugs for
the sole purpose of sedating animals prior to euthanasia,
when necessary, and for use in chemical capture programs.
For the purposes of this section, "approved legend drugs"
means those legend drugs designated by the board by rule as
being approved for use by such societies and agencies for animal sedating or capture and does not include any substance
regulated under chapter 69.50 RCW. Any society or agency
so registered shall not permit persons to administer any legend drugs unless such person has demonstrated to the satisfaction of the board adequate knowledge of the potential hazards involved in and the proper techniques to be used in
administering the drugs.
The board shall promulgate rules to regulate the purchase, possession, and administration of legend drugs by
such societies and agencies and to insure strict compliance
with the provisions of this section. Such rules shall require
that the storage, inventory control, administration, and
recordkeeping for approved legend drugs conform to the
standards adopted by the board under chapter 69.50 RCW to
regulate the use of controlled substances by such societies
and agencies. The board may suspend or revoke a registration
under chapter 69.50 RCW upon a determination by the board
that the person administering legend drugs has not demonstrated adequate knowledge as herein provided. This authority is granted in addition to any other power to suspend or
revoke a registration as provided by law. [1989 c 242 § 1.]
69.41.080
69.41.085 Medication assistance—Community-based
care setting. Individuals residing in community-based care
settings, such as adult family homes, boarding homes, and
residential care settings for the developmentally disabled,
including an individual’s home, may receive medication
assistance. Nothing in this chapter affects the right of an individual to refuse medication or requirements relating to
informed consent. [2003 c 140 § 12; 1998 c 70 § 1.]
69.41.085
Effective date—2003 c 140: See note following RCW 18.79.040.
SUBSTITUTION OF PRESCRIPTION DRUGS
69.41.100 Legislative recognition and declaration.
The legislature recognizes the responsibility of the state to
69.41.100
[Title 69 RCW—page 49]
69.41.110
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
insure that the citizens of the state are offered a choice
between generic drugs and brand name drugs and the benefit
of quality pharmaceutical products at competitive prices.
Advances in the drug industry resulting from research and the
elimination of counterfeiting of prescription drugs should
benefit the users of the drugs. Pharmacy must continue to
operate with accountability and effectiveness. The legislature
hereby declares it to be the policy of the state that its citizens
receive safe and therapeutically effective drug products at the
most reasonable cost consistent with high drug quality standards. [1986 c 52 § 1; 1977 ex.s. c 352 § 1.]
If an oral prescription is involved, the practitioner or the
practitioner’s agent shall instruct the pharmacist as to
whether or not a therapeutically equivalent generic drug may
be substituted in its place. The pharmacist shall note the
instructions on the file copy of the prescription.
The pharmacist shall note the manufacturer of the drug
dispensed on the file copy of a written or oral prescription.
[2000 c 8 § 3; 1990 c 218 § 1; 1979 c 110 § 2; 1977 ex.s. c
352 § 3.]
Severability—1977 ex.s. c 352: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 352 § 10.]
69.41.130 Savings in price to be passed on to purchaser. Unless the brand name drug is requested by the
patient or the patient’s representative, the pharmacist shall
substitute an equivalent drug product which he has in stock if
its wholesale price to the pharmacist is less than the wholesale price of the prescribed drug product, and at least sixty
percent of the savings shall be passed on to the purchaser.
[1986 c 52 § 2; 1979 c 110 § 3; 1977 ex.s. c 352 § 4.]
69.41.110
69.41.110 Definitions. As used in RCW 69.41.100
through 69.41.180, the following words shall have the following meanings:
(1) "Brand name" means the proprietary or trade name
selected by the manufacturer and placed upon a drug, its container, label, or wrapping at the time of packaging;
(2) "Generic name" means the official title of a drug or
drug ingredients published in the latest edition of a nationally
recognized pharmacopoeia or formulary;
(3) "Substitute" means to dispense, with the practitioner’s authorization, a "therapeutically equivalent" drug product of the identical base or salt as the specific drug product
prescribed: PROVIDED, That with the practitioner’s prior
consent, therapeutically equivalent drugs other than the identical base or salt may be dispensed;
(4) "Therapeutically equivalent" means essentially the
same efficacy and toxicity when administered to an individual in the same dosage regimen; and
(5) "Practitioner" means a physician, osteopathic physician and surgeon, dentist, veterinarian, or any other person
authorized to prescribe drugs under the laws of this state.
[1979 c 110 § 1; 1977 ex.s. c 352 § 2.]
69.41.120
69.41.120 Prescriptions to contain instruction as to
whether or not a therapeutically equivalent generic drug
may be substituted—Out-of-state prescriptions—Form—
Contents—Procedure. Every drug prescription shall contain an instruction on whether or not a therapeutically equivalent generic drug may be substituted in its place, unless substitution is permitted under a prior-consent authorization.
If a written prescription is involved, the prescription
must be legible and the form shall have two signature lines at
opposite ends on the bottom of the form. Under the line at the
right side shall be clearly printed the words "DISPENSE AS
WRITTEN". Under the line at the left side shall be clearly
printed the words "SUBSTITUTION PERMITTED". The
practitioner shall communicate the instructions to the pharmacist by signing the appropriate line. No prescription shall
be valid without the signature of the practitioner on one of
these lines. In the case of a prescription issued by a practitioner in another state that uses a one-line prescription form or
variation thereof, the pharmacist may substitute a therapeutically equivalent generic drug unless otherwise instructed by
the practitioner through the use of the words "dispense as
written", words of similar meaning, or some other indication.
[Title 69 RCW—page 50]
Findings—Intent—2000 c 8: See note following RCW 69.41.010.
69.41.130
69.41.140 Minimum manufacturing standards and
practices. A pharmacist may not substitute a product under
the provisions of this section unless the manufacturer has
shown that the drug has been manufactured with the following minimum good manufacturing standards and practices:
(1) Maintain quality control standards equal to those of
the Food and Drug Administration;
(2) Comply with regulations promulgated by the Food
and Drug Administration. [1979 c 110 § 4; 1977 ex.s. c 352
§ 5.]
69.41.140
69.41.150 Liability of practitioner, pharmacist. (1) A
practitioner who authorizes a prescribed drug shall not be liable for any side effects or adverse reactions caused by the
manner or method by which a substituted drug product is
selected or dispensed.
(2) A pharmacist who substitutes an equivalent drug
product pursuant to RCW 69.41.100 through 69.41.180 as
now or hereafter amended assumes no greater liability for
selecting the dispensed drug product than would be incurred
in filling a prescription for a drug product prescribed by its
established name.
(3) A pharmacist who substitutes a preferred drug for a
nonpreferred drug pursuant to RCW 69.41.190 assumes no
greater liability for substituting the preferred drug than would
be incurred in filling a prescription for the preferred drug
when prescribed by name. [2003 1st sp.s. c 29 § 6; 1979 c
110 § 5; 1977 ex.s. c 352 § 6.]
69.41.150
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
69.41.160 Pharmacy signs as to substitution for prescribed drugs. Every pharmacy shall post a sign in a location at the prescription counter that is readily visible to
patrons stating, "Under Washington law, an equivalent but
less expensive drug may in some cases be substituted for the
drug prescribed by your doctor. Such substitution, however,
may only be made with the consent of your doctor. Please
consult your pharmacist or physician for more information."
[1979 c 110 § 6; 1977 ex.s. c 352 § 7.]
69.41.160
(2006 Ed.)
Legend Drugs—Prescription Drugs
69.41.170
69.41.170 Coercion of pharmacist prohibited—Penalty. It shall be unlawful for any employer to coerce, within
the meaning of RCW 9A.36.070, any pharmacist to dispense
a generic drug or to substitute a generic drug for another drug.
A violation of this section shall be punishable as a misdemeanor. [1977 ex.s. c 352 § 8.]
69.41.180
69.41.180 Rules. The state board of pharmacy may
adopt any necessary rules under chapter 34.05 RCW for the
implementation, continuation, or enforcement of RCW
69.41.100 through 69.41.180, including, but not limited to, a
list of therapeutically or nontherapeutically equivalent drugs
which, when adopted, shall be provided to all registered pharmacists in the state and shall be updated as necessary. [1979
c 110 § 7; 1977 ex.s. c 352 § 9.]
69.41.190
69.41.190 Preferred drug substitution—Exceptions—Notice. (1) Any pharmacist filling a prescription
under a state purchased health care program as defined in
RCW 41.05.011(2) shall substitute, where identified, a preferred drug for any nonpreferred drug in a given therapeutic
class, unless the endorsing practitioner has indicated on the
prescription that the nonpreferred drug must be dispensed as
written, or the prescription is for a refill of an antipsychotic,
antidepressant, chemotherapy, antiretroviral, or immunosuppressive drug, or for the refill of a immunomodulator/antiviral treatment for hepatitis C for which an established, fixed
duration of therapy is prescribed for at least twenty-four
weeks but no more than forty-eight weeks, in which case the
pharmacist shall dispense the prescribed nonpreferred drug.
(2) When a substitution is made under subsection (1) of
this section, the dispensing pharmacist shall notify the prescribing practitioner of the specific drug and dose dispensed.
[2006 c 233 § 1; 2003 1st sp.s. c 29 § 5.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
IDENTIFICATION OF LEGEND DRUGS—MARKING
69.41.200
69.41.200 Requirements for identification of legend
drugs—Marking. (1) No legend drug in solid dosage form
may be manufactured or commercially distributed within this
state unless it has clearly marked or imprinted on it an individual symbol, number, company name, words, letters, marking, or National Drug Code number identifying the drug and
the manufacturer or distributor of such drug.
(2) No manufacturer or distributor may sell any legend
drug contained within a bottle, vial, carton, or other container, or in any way affixed or appended to or enclosed
within a package of any kind designed or intended for delivery in such container or package to an ultimate consumer
within this state unless such container or package has clearly
and permanently marked or imprinted on it an individual
symbol, number, company name, words, letters, marking, or
National Drug Code number identifying the drug and the
manufacturer or distributor of such drug.
(3) Whenever the distributor of a legend drug does not
also manufacture it, the names and places of businesses of
both shall appear on the stock container or package label in
words that truly distinguish each. [1980 c 83 § 1.]
(2006 Ed.)
69.41.260
69.41.210
69.41.210 Definitions. The terms defined in this section shall have the meanings indicated when used in RCW
69.41.200 through 69.41.260.
(1) "Distributor" means any corporation, person, or other
entity which distributes for sale a legend drug under its own
label even though it is not the actual manufacturer of the legend drug.
(2) "Solid dosage form" means capsules or tablets or
similar legend drug products intended for administration and
which could be ingested orally.
(3) "Legend drug" means any drugs which are required
by state law or regulation of the board to be dispensed as prescription only or are restricted to use by prescribing practitioners only and shall include controlled substances in Schedules II through V of chapter 69.50 RCW.
(4) "Board" means the state board of pharmacy. [1980 c
83 § 2.]
69.41.220
69.41.220 Published lists of drug imprints—Requirements for. Each manufacturer and distributor shall publish
and provide to the board by filing with the department printed
material which will identify each current imprint used by the
manufacturer or distributor. The board shall be notified of
any change by the filing of any change with the department.
This information shall be provided by the department to all
pharmacies licensed in the state of Washington, poison control centers, and hospital emergency rooms. [1989 1st ex.s. c
9 § 428; 1980 c 83 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.41.230
69.41.230 Drugs in violation are contraband. Any
legend drug prepared or manufactured or offered for sale in
violation of this chapter or implementing rules shall be contraband and subject to seizure under the provisions of RCW
69.41.060. [1980 c 83 § 4.]
69.41.240
69.41.240 Rules—Labeling and marking. The board
shall have authority to promulgate rules and regulations for
the enforcement and implementation of RCW 69.41.050 and
69.41.200 through 69.41.260. [1980 c 83 § 5.]
69.41.250
69.41.250 Exemptions. (1) The board, upon application of a manufacturer, may exempt a particular legend drug
from the requirements of RCW 69.41.050 and 69.41.200
through 69.41.260 on the grounds that imprinting is infeasible because of size, texture, or other unique characteristics.
(2) The provisions of RCW 69.41.050 and 69.41.200
through 69.41.260 shall not apply to any legend drug which
is prepared or manufactured by a pharmacy in this state and is
for the purpose of retail sale from such pharmacy and not
intended for resale. [1980 c 83 § 6.]
69.41.260
69.41.260 Manufacture or distribution for resale—
Requirements. All legend drugs manufactured or distributed for resale to any entity in this state other than the ultimate consumer shall meet the requirements of RCW
69.41.050 and 69.41.200 through 69.41.260 from a date eighteen months after June 12, 1980. [1980 c 83 § 7.]
[Title 69 RCW—page 51]
69.41.280
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.41.280
69.41.330
69.41.280 Confidentiality. All records, reports, and
information obtained by the board or its authorized representatives from or on behalf of a pharmaceutical manufacturer,
representative of a manufacturer, wholesaler, pharmacy, or
practitioner who purchases, dispenses, or distributes legend
drugs under this chapter are confidential and exempt from
public inspection and copying under chapter 42.56 RCW.
Nothing in this section restricts the investigations or the proceedings of the board so long as the board and its authorized
representatives comply with the provisions of chapter 42.56
RCW. [2005 c 274 § 329; 1989 c 352 § 6.]
69.41.330 Public warnings—School districts. The
superintendent of public instruction shall develop and distribute to all school districts signs of appropriate design and
dimensions advising students of the health risks that steroids
present when used solely to enhance athletic ability, and of
the penalties for their unlawful possession provided by RCW
69.41.300 through 69.41.350.
School districts shall post or cause the signs to be posted
in a prominent place for ease of viewing on the premises of
school athletic departments. [2003 c 53 § 330; 1989 c 369 §
5.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
USE OF STEROIDS
69.41.300
69.41.300 Definitions. For the purposes of RCW
69.41.300 through 69.41.350, "steroids" shall include the following:
(1) "Anabolic steroids" means synthetic derivatives of
testosterone or any isomer, ester, salt, or derivative that act in
the same manner on the human body;
(2) "Androgens" means testosterone in one of its forms
or a derivative, isomer, ester, or salt, that act in the same manner on the human body; and
(3) "Human growth hormones" means growth hormones,
or a derivative, isomer, ester, or salt that act in the same manner on the human body. [2003 c 53 § 328; 1989 c 369 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.41.310
69.41.310 Rules. The state board of pharmacy shall
specify by rule drugs to be classified as steroids as defined in
RCW 69.41.300.
On or before December 1 of each year, the board shall
inform the appropriate legislative committees of reference of
the drugs that the board has added to the steroids in RCW
69.41.300. The board shall submit a statement of rationale for
the changes. [1989 c 369 § 2.]
69.41.340
69.41.340 Student athletes—Violations—Penalty.
The superintendent of public instruction, in consultation with
the Washington interscholastic activity association, shall promulgate rules by January 1, 1990, regarding loss of eligibility
to participate in school-sponsored athletic events for any student athlete found to have violated this chapter. The regents
or trustees of each institution of higher education shall promulgate rules by January 1, 1990, regarding loss of eligibility
to participate in school-sponsored athletic events for any student athlete found to have violated this chapter. [1989 c 369
§ 6.]
69.41.350
69.41.350 Penalties. (1) A person who violates the provisions of this chapter by possessing under two hundred tablets or eight 2cc bottles of steroid without a valid prescription
is guilty of a gross misdemeanor.
(2) A person who violates the provisions of this chapter
by possessing over two hundred tablets or eight 2cc bottles of
steroid without a valid prescription is guilty of a class C felony and shall be punished according to chapter 9A.20 RCW.
[2003 c 53 § 326; 1989 c 369 § 4; 1983 1st ex.s. c 4 § 4; 1973
1st ex.s. c 186 § 7. Formerly RCW 69.41.070.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1983 1st ex.s. c 4: See note following RCW 9A.48.070.
69.41.320
69.41.320 Practitioners—Restricted use—Medical
records. (1)(a) A practitioner shall not prescribe, administer,
or dispense steroids, as defined in RCW 69.41.300, or any
form of autotransfusion for the purpose of manipulating hormones to increase muscle mass, strength, or weight, or for the
purpose of enhancing athletic ability, without a medical
necessity to do so.
(b) A person violating this subsection is guilty of a gross
misdemeanor and is subject to disciplinary action under
RCW 18.130.180.
(2) A practitioner shall complete and maintain patient
medical records which accurately reflect the prescribing,
administering, or dispensing of any substance or drug
described in this section or any form of autotransfusion.
Patient medical records shall indicate the diagnosis and purpose for which the substance, drug, or autotransfusion is prescribed, administered, or dispensed and any additional information upon which the diagnosis is based. [2003 c 53 § 329;
1989 c 369 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
[Title 69 RCW—page 52]
69.41.900
69.41.900 Severability—1979 c 110. If any provision
of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 c 110 § 8.]
Chapter 69.43
Chapter 69.43 RCW
PRECURSOR DRUGS
Sections
69.43.010
69.43.020
69.43.030
69.43.035
69.43.040
69.43.043
69.43.048
69.43.050
69.43.060
Report to state board of pharmacy—List of substances—Modification of list—Identification of purchasers—Report of
transactions—Penalties.
Receipt of substance from source outside state—Report—Penalty.
Exemptions.
Suspicious transactions—Report—Penalty.
Reporting form.
Recordkeeping requirements—Penalty.
Reporting and recordkeeping requirements—Submission of
computer readable data, copies of federal reports.
Rules.
Theft—Missing quantity—Reporting.
(2006 Ed.)
Precursor Drugs
69.43.070
69.43.080
69.43.090
69.43.100
69.43.105
69.43.110
69.43.120
69.43.130
69.43.135
69.43.140
69.43.150
69.43.160
69.43.170
69.43.180
69.43.190
Sale, transfer, or furnishing of substance for unlawful purpose—Receipt of substance with intent to use unlawfully—
Class B felony.
False statement in report or record—Class C felony.
Permit to sell, transfer, furnish, or receive substance—Exemptions—Application for permit—Fee—Renewal—Penalty.
Refusal, suspension, or revocation of a manufacturer’s or
wholesaler’s permit.
Ephedrine, pseudoephedrine, phenylpropanolamine—Sales
restrictions—Exceptions—Penalty.
Ephedrine, pseudoephedrine, phenylpropanolamine—Sales
restrictions—Penalty.
Ephedrine, pseudoephedrine, phenylpropanolamine—Possession of more than fifteen grams—Penalty—Exceptions.
Exemptions—Pediatric products—Products exempted by the
state board of pharmacy.
Iodine, methylsulfonylmethane—Sales restrictions—Recording of transactions—Penalties.
Civil penalty—State board of pharmacy waiver.
Application of chapter to local government.
Ephedrine, pseudoephedrine, phenylpropanolamine—Methods to prevent sales violations—Department of health preparation of sign summarizing prohibitions.
Ephedrine, pseudoephedrine, phenylpropanolamine—Pilot
project to record retail transactions—Penalty.
Expansion of log requirements—Petition by law enforcement.
Products found at methamphetamine sites—Report.
69.43.010 Report to state board of pharmacy—List
of substances—Modification of list—Identification of
purchasers—Report of transactions—Penalties. (1) A
report to the state board of pharmacy shall be submitted in
accordance with this chapter by a manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise furnishes to any person any of the following substances or their
salts or isomers:
(a) Anthranilic acid;
(b) Barbituric acid;
(c) Chlorephedrine;
(d) Diethyl malonate;
(e) D-lysergic acid;
(f) Ephedrine;
(g) Ergotamine tartrate;
(h) Ethylamine;
(i) Ethyl malonate;
(j) Ethylephedrine;
(k) Lead acetate;
(l) Malonic acid;
(m) Methylamine;
(n) Methylformamide;
(o) Methylephedrine;
(p) Methylpseudoephedrine;
(q) N-acetylanthranilic acid;
(r) Norpseudoephedrine;
(s) Phenylacetic acid;
(t) Phenylpropanolamine;
(u) Piperidine;
(v) Pseudoephedrine; and
(w) Pyrrolidine.
(2) The state board of pharmacy shall administer this
chapter and may, by rule adopted pursuant to chapter 34.05
RCW, add a substance to or remove a substance from the list
in subsection (1) of this section. In determining whether to
add or remove a substance, the board shall consider the following:
(a) The likelihood that the substance is useable as a precursor in the illegal production of a controlled substance as
defined in chapter 69.50 RCW;
69.43.010
(2006 Ed.)
69.43.010
(b) The availability of the substance;
(c) The relative appropriateness of including the substance in this chapter or in chapter 69.50 RCW; and
(d) The extent and nature of legitimate uses for the substance.
(3)(a) Any manufacturer, wholesaler, retailer, or other
person shall, before selling, transferring, or otherwise furnishing any substance specified in subsection (1) of this section to any person, require proper identification from the purchaser.
(b) For the purposes of this subsection, "proper identification" means:
(i) A motor vehicle operator’s license or other official
state-issued identification of the purchaser containing a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box
number;
(ii) The motor vehicle license number of any motor vehicle owned or operated by the purchaser;
(iii) A letter of authorization from any business for
which any substance specified in subsection (1) of this section is being furnished, which includes the business license
number and address of the business;
(iv) A description of how the substance is to be used; and
(v) The signature of the purchaser.
The person selling, transferring, or otherwise furnishing
any substance specified in subsection (1) of this section shall
affix his or her signature as a witness to the signature and
identification of the purchaser.
(c) A violation of or a failure to comply with this subsection is a misdemeanor.
(4) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes the substance
specified in subsection (1) of this section to any person shall,
not less than twenty-one days before delivery of the substance, submit a report of the transaction, which includes the
identification information specified in subsection (3) of this
section to the state board of pharmacy. However, the state
board of pharmacy may authorize the submission of the
reports on a monthly basis with respect to repeated, regular
transactions between the furnisher and the recipient involving
the same substance if the state board of pharmacy determines
that either of the following exist:
(a) A pattern of regular supply of the substance exists
between the manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes such substance and the recipient of the substance; or
(b) The recipient has established a record of using the
substance for lawful purposes.
(5) Any person specified in subsection (4) of this section
who does not submit a report as required by subsection (4) of
this section is guilty of a gross misdemeanor. [2001 c 96 § 2;
1998 c 245 § 107; 1988 c 147 § 1.]
Intent—2001 c 96: "Communities all over the state of Washington
have experienced an increase in the illegal manufacture of methamphetamine. Illegal methamphetamine labs create a significant threat to the health
and safety of the people of the state. Some of the chemicals and compounds
used to make methamphetamine, and the toxic wastes the process generates,
are hazards to the public health. Increases in crime, violence, and the abuse
and neglect of children present at laboratory sites are also associated with the
increasing number of illegal laboratory sites. The drugs ephedrine, pseudoephedrine, and phenylpropanolamine, which are used in the illegal manu[Title 69 RCW—page 53]
69.43.020
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
facture of methamphetamine, have been identified as factors in the increase
in the number of illegal methamphetamine labs. Therefore, it is the intent of
the legislature to place restrictions on the sale and possession of those three
drugs in order to reduce the proliferation of illegal methamphetamine laboratories and the associated threats to public health and safety." [2001 c 96 §
1.]
Severability—2001 c 96: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2001 c 96 § 15.]
69.43.020
69.43.020 Receipt of substance from source outside
state—Report—Penalty. (1) Any manufacturer, wholesaler, retailer, or other person who receives from a source
outside of this state any substance specified in RCW
69.43.010(1) shall submit a report of such transaction to the
state board of pharmacy under rules adopted by the board.
(2) Any person specified in subsection (1) of this section
who does not submit a report as required by subsection (1) of
this section is guilty of a gross misdemeanor. [2001 c 96 § 3;
1988 c 147 § 2.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.030
69.43.030 Exemptions. RCW 69.43.010 and 69.43.020
do not apply to any of the following:
(1) Any pharmacist or other authorized person who sells
or furnishes a substance upon the prescription of a practitioner, as defined in chapter 69.41 RCW;
(2) Any practitioner who administers or furnishes a substance to his or her patients;
(3) Any manufacturer or wholesaler licensed by the state
board of pharmacy who sells, transfers, or otherwise furnishes a substance to a licensed pharmacy or practitioner;
(4) Any sale, transfer, furnishing, or receipt of any drug
that contains ephedrine, phenylpropanolamine, or pseudoephedrine, or of any cosmetic that contains a substance
specified in RCW 69.43.010(1), if such drug or cosmetic is
lawfully sold, transferred, or furnished, over the counter
without a prescription under chapter 69.04 or 69.41 RCW.
[1988 c 147 § 3.]
suspicious, taking into consideration the recommendations in
appendix A of the report to the United States attorney general
by the suspicious orders task force under the federal comprehensive methamphetamine control act of 1996.
(b) The transaction involves payment for any substance
specified in RCW 69.43.010(1) in cash or money orders in a
total amount of more than two hundred dollars.
(4) The board of pharmacy shall transmit to the department of revenue a copy of each report of a suspicious transaction that it receives under this section. [2004 c 52 § 6; 2001
c 96 § 4.]
Finding—Severability—Effective date—2004 c 52: See notes following RCW 18.64.044.
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.040
69.43.040 Reporting form. (1) The department of
health, in accordance with rules developed by the state board
of pharmacy shall provide a common reporting form for the
substances in RCW 69.43.010 that contains at least the following information:
(a) Name of the substance;
(b) Quantity of the substance sold, transferred, or furnished;
(c) The date the substance was sold, transferred, or furnished;
(d) The name and address of the person buying or receiving the substance; and
(e) The name and address of the manufacturer, wholesaler, retailer, or other person selling, transferring, or furnishing the substance.
(2) Monthly reports authorized under RCW 69.43.010(4)
may be computer-generated in accordance with rules adopted
by the department. [2001 c 96 § 7; 1989 1st ex.s. c 9 § 441;
1988 c 147 § 4.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.43.043
69.43.035
69.43.035 Suspicious transactions—Report—Penalty. (1) Any manufacturer or wholesaler who sells, transfers, or otherwise furnishes any substance specified in RCW
69.43.010(1) to any person in a suspicious transaction shall
report the transaction in writing to the state board of pharmacy.
(2) Any person specified in subsection (1) of this section
who does not submit a report as required by subsection (1) of
this section is guilty of a gross misdemeanor.
(3) For the purposes of this section, "suspicious transaction" means a sale or transfer to which any of the following
applies:
(a) The circumstances of the sale or transfer would lead
a reasonable person to believe that the substance is likely to
be used for the purpose of unlawfully manufacturing a controlled substance under chapter 69.50 RCW, based on such
factors as the amount involved, the method of payment, the
method of delivery, and any past dealings with any participant in the transaction. The state board of pharmacy shall
adopt by rule criteria for determining whether a transaction is
[Title 69 RCW—page 54]
69.43.043 Recordkeeping requirements—Penalty.
(1) Any manufacturer or wholesaler who sells, transfers, or
otherwise furnishes any substance specified in RCW
69.43.010(1) to any person shall maintain a record of each
such sale or transfer. The records must contain:
(a) The name of the substance;
(b) The quantity of the substance sold, transferred, or
furnished;
(c) The date the substance was sold, transferred, or furnished;
(d) The name and address of the person buying or receiving the substance; and
(e) The method of and amount of payment for the substance.
(2) The records of sales and transfers required by this
section shall be available for inspection by the state board of
pharmacy and its authorized representatives and shall be
maintained for two years.
(3) A violation of this section is a gross misdemeanor.
[2001 c 96 § 5.]
(2006 Ed.)
Precursor Drugs
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.105
required under this chapter. A violation of this section is a
class C felony under chapter 9A.20 RCW. [1988 c 147 § 8.]
69.43.048
69.43.048 Reporting and recordkeeping requirements—Submission of computer readable data, copies of
federal reports. A manufacturer, wholesaler, retailer, or
other person who sells, transfers, or otherwise furnishes any
substance specified in RCW 69.43.010(1) and who is subject
to the reporting or recordkeeping requirements of this chapter
may satisfy the requirements by submitting to the state board
of pharmacy, and its authorized representatives:
(1) Computer readable data from which all of the
required information may be readily derived; or
(2) Copies of reports that are filed under federal law that
contain all of the information required by the particular
reporting or recordkeeping requirement of this chapter which
it is submitted to satisfy. [2001 c 96 § 6.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.050
69.43.050 Rules. (1) The state board of pharmacy may
adopt all rules necessary to carry out this chapter.
(2) Notwithstanding subsection (1) of this section, the
department of health may adopt rules necessary for the
administration of this chapter. [1989 1st ex.s. c 9 § 442; 1988
c 147 § 5.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.43.060
69.43.060 Theft—Missing quantity—Reporting. (1)
The theft or loss of any substance under RCW 69.43.010 discovered by any person regulated by this chapter shall be
reported to the state board of pharmacy within seven days
after such discovery.
(2) Any difference between the quantity of any substance
under RCW 69.43.010 received and the quantity shipped
shall be reported to the state board of pharmacy within seven
days of the receipt of actual knowledge of the discrepancy.
When applicable, any report made pursuant to this subsection
shall also include the name of any common carrier or person
who transported the substance and the date of shipment of the
substance. [1988 c 147 § 6.]
69.43.070
69.43.070 Sale, transfer, or furnishing of substance
for unlawful purpose—Receipt of substance with intent to
use unlawfully—Class B felony. (1) Any manufacturer,
wholesaler, retailer, or other person who sells, transfers, or
otherwise furnishes any substance listed in RCW 69.43.010
with knowledge or the intent that the recipient will use the
substance unlawfully to manufacture a controlled substance
under chapter 69.50 RCW is guilty of a class B felony under
chapter 9A.20 RCW.
(2) Any person who receives any substance listed in
RCW 69.43.010 with intent to use the substance unlawfully
to manufacture a controlled substance under chapter 69.50
RCW is guilty of a class B felony under chapter 9A.20 RCW.
[1988 c 147 § 7.]
69.43.080
69.43.080 False statement in report or record—Class
C felony. It is unlawful for any person knowingly to make a
false statement in connection with any report or record
(2006 Ed.)
69.43.090
69.43.090 Permit to sell, transfer, furnish, or receive
substance—Exemptions—Application for permit—Fee—
Renewal—Penalty. (1) Any manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise furnishes any substance specified in RCW 69.43.010 to any person or who receives from a source outside of the state any
substance specified in RCW 69.43.010 shall obtain a permit
for the conduct of that business from the state board of pharmacy. However, a permit shall not be required of any manufacturer, wholesaler, retailer, or other person for the sale,
transfer, furnishing, or receipt of any drug that contains ephedrine, phenylpropanolamine, or pseudoephedrine, or of any
cosmetic that contains a substance specified in RCW
69.43.010(1), if such drug or cosmetic is lawfully sold, transferred, or furnished over the counter without a prescription or
by a prescription under chapter 69.04 or 69.41 RCW.
(2) Applications for permits shall be filed with the
department in writing and signed by the applicant, and shall
set forth the name of the applicant, the business in which the
applicant is engaged, the business address of the applicant,
and a full description of any substance sold, transferred, or
otherwise furnished, or received.
(3) The board may grant permits on forms prescribed by
it. The permits shall be effective for not more than one year
from the date of issuance.
(4) Each applicant shall pay at the time of filing an application for a permit a fee determined by the department.
(5) A permit granted under this chapter may be renewed
on a date to be determined by the board, and annually thereafter, upon the filing of a renewal application and the payment of a permit renewal fee determined by the department.
(6) Permit fees charged by the department shall not
exceed the costs incurred by the department in administering
this chapter.
(7) Selling, transferring, or otherwise furnishing, or
receiving any substance specified in RCW 69.43.010 without
a required permit, is a gross misdemeanor. [2001 c 96 § 8;
1989 1st ex.s. c 9 § 443; 1988 c 147 § 9.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.43.100 Refusal, suspension, or revocation of a
manufacturer’s or wholesaler’s permit. The board shall
have the power to refuse, suspend, or revoke the permit of
any manufacturer or wholesaler upon proof that:
(1) The permit was procured through fraud, misrepresentation, or deceit;
(2) The permittee has violated or has permitted any
employee to violate any of the laws of this state relating to
drugs, controlled substances, cosmetics, or nonprescription
drugs, or has violated any of the rules and regulations of the
board of pharmacy. [1988 c 147 § 10.]
69.43.100
69.43.105
69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Exceptions—Penalty.
(1) For purposes of this section, "traditional Chinese herbal
[Title 69 RCW—page 55]
69.43.110
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
practitioner" means a person who is certified as a diplomate
in Chinese herbology from the national certification commission for acupuncture and oriental medicine or who has
received a certificate in Chinese herbology from a school
accredited by the accreditation council on acupuncture and
oriental medicine.
(2) A pharmacy licensed by, or shopkeeper or itinerant
vendor registered with, the department of health under chapter 18.64 RCW, or an employee thereof, a practitioner as
defined in RCW 18.64.011, or a traditional Chinese herbal
practitioner may not knowingly sell, transfer, or otherwise
furnish to any person a product at retail that he or she knows
to contain any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or
salts of isomers, without first obtaining photo identification
of the person that shows the date of birth of the person.
(3) A person buying or receiving a product at retail containing any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or
salts of isomers, from a pharmacy licensed by, or shopkeeper
or itinerant vendor registered with, the department of health
under chapter 18.64 RCW, or an employee thereof, a practitioner as defined in RCW 18.64.011, or a traditional Chinese
herbal practitioner must first produce photo identification of
the person that shows the date of birth of the person.
(4) Any product containing any detectable quantity of
ephedrine, pseudoephedrine, or phenylpropanolamine, or
their salts, isomers, or salts of isomers, shall be kept in a central location that is not accessible by customers without assistance of an employee of the merchant.
(5) No pharmacy licensed by, or shopkeeper or itinerant
vendor registered with, the department of health under chapter 18.64 RCW, or an employee thereof, a practitioner as
defined in RCW 18.64.011, or a traditional Chinese herbal
practitioner may sell any product containing any detectable
quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, to a person
that is not at least eighteen years old.
(6) The board of pharmacy, by rule, may exempt products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, in
combination with another active ingredient from the requirements of this section if they are found not to be used in the
illegal manufacture of methamphetamine or other controlled
dangerous substances. A manufacturer of a drug product
may apply for removal of the product from the requirements
of this section if the product is determined by the board to
have been formulated in such a way as to effectively prevent
the conversion of the active ingredient into methamphetamine. The burden of proof for exemption is upon the person
requesting the exemption. The petitioner shall provide the
board with evidence that the product has been formulated in
such a way as to serve as an effective general deterrent to the
conversion of pseudoephedrine into methamphetamine. The
evidence must include the furnishing of a valid scientific
study, conducted by an independent, professional laboratory
and evincing professional quality chemical analysis. Factors
to be considered in whether a product should be excluded
from this section include but are not limited to:
(a) Ease with which the product can be converted to
methamphetamine;
[Title 69 RCW—page 56]
(b) Ease with which ephedrine, pseudoephedrine, or phenylpropanolamine is extracted from the substance and
whether it forms an emulsion, salt, or other form;
(c) Whether the product contains a "molecular lock" that
renders it incapable of being converted into methamphetamine;
(d) Presence of other ingredients that render the product
less likely to be used in the manufacture of methamphetamine; and
(e) Any pertinent data that can be used to determine the
risk of the substance being used in the illegal manufacture of
methamphetamine or any other controlled substance.
(7) Nothing in this section applies:
(a) To any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or
salts of isomers that is not the only active ingredient and that
is in liquid, liquid capsule, or gel capsule form;
(b) To the sale of a product that may only be sold upon
the presentation of a prescription;
(c) To the sale of a product by a traditional Chinese
herbal practitioner to a patient; or
(d) When the details of the transaction are recorded in a
pharmacy profile individually identified with the recipient
and maintained by a licensed pharmacy.
(8)(a) No pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under
chapter 18.64 RCW, a practitioner as defined in RCW
18.64.011, or a traditional Chinese herbal practitioner may
retaliate against any employee that has made a good faith
attempt to comply with the requirements of this section by
requesting that a customer present photo identification, making a reasonable effort to determine the customer’s age.
(b) No pharmacy licensed by, or shopkeeper or itinerant
vendor registered with, the department of health under chapter 18.64 RCW, a practitioner as defined in RCW 18.64.011,
or a traditional Chinese herbal practitioner is subject to prosecution under subsection (9) of this section if they made a
good faith attempt to comply with the requirements of this
section by requesting that a customer present photo identification, making a reasonable effort to determine the customer’s age.
(9) A violation of this section is a gross misdemeanor.
[2005 c 388 § 2.]
Finding—2005 c 388: "Restricting access to certain precursor drugs
used to manufacture methamphetamine to ensure that they are only sold at
retail to individuals who will use them for legitimate purposes upon production of proper identification is an essential step to controlling the manufacture of methamphetamine." [2005 c 388 § 1.]
Effective dates—2005 c 388: "(1) Section 2 of this act takes effect
October 1, 2005.
(2) Sections 1, 3 through 7, 9, and 10 of this act take effect January 1,
2006.
(3) Section 8 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately [May 11, 2005]."
[2005 c 388 § 11.]
Severability—2005 c 388: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 388 § 10.]
69.43.110
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—Penalty. (1) It is unlaw(2006 Ed.)
Precursor Drugs
ful for a pharmacy licensed by, or shopkeeper or itinerant
vendor registered with, the department of health under chapter 18.64 RCW, or an employee thereof, or a practitioner as
defined in RCW 18.64.011, knowingly to sell, transfer, or to
otherwise furnish, in a single transaction:
(a) More than two packages of one or more products that
he or she knows to contain ephedrine, pseudoephedrine, or
phenylpropanolamine, their salts, isomers, or salts of isomers; or
(b) A single package of any product that he or she knows
to contain more than three grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts
of isomers, or a combination of any of these substances.
(2) It is unlawful for a person who is not a manufacturer,
wholesaler, pharmacy, practitioner, shopkeeper, or itinerant
vendor licensed by or registered with the department of
health under chapter 18.64 RCW to purchase or acquire, in
any twenty-four hour period, more than the quantities of the
substances specified in subsection (1) of this section.
(3) It is unlawful for any person to sell or distribute any
of the substances specified in subsection (1) of this section
unless the person is licensed by or registered with the department of health under chapter 18.64 RCW, or is a practitioner
as defined in RCW 18.64.011.
(4) A violation of this section is a gross misdemeanor.
[2005 c 388 § 4; 2004 c 52 § 5; 2001 c 96 § 9.]
Finding—Effective dates—Severability—2005 c 388: See notes following RCW 69.43.105.
Finding—Severability—Effective date—2004 c 52: See notes following RCW 18.64.044.
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.120
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine—Possession of more than fifteen grams—
Penalty—Exceptions. (1) Any person who possesses more
than fifteen grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a
combination of any of those substances, is guilty of a gross
misdemeanor.
(2) This section does not apply to any of the following:
(a) A pharmacist or other authorized person who sells or
furnishes ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers upon the prescription of a practitioner, as defined in RCW 69.41.010;
(b) A practitioner who administers or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine, their salts,
isomers, or salts of isomers to his or her patients;
(c) A pharmacy, manufacturer, or wholesaler licensed
by, or shopkeeper or itinerant vendor registered with, the
department of health under chapter 18.64 RCW;
(d) A person in the course of his or her business of selling, transporting, or storing ephedrine, pseudoephedrine, or
phenylpropanolamine, their salts, isomers, or salts of isomers, for a person described in (a), (b), or (c) of this subsection; or
(e) A person in possession of more than fifteen grams of
ephedrine, pseudoephedrine, or phenylpropanolamine, their
salts, isomers, or salts of isomers in their home or residence
under circumstances consistent with typical medicinal or
household use as indicated by, but not limited to, storage
(2006 Ed.)
69.43.135
location and possession of products in a variety of strengths,
brands, types, purposes, and expiration dates. [2001 c 96 §
10.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.130
69.43.130 Exemptions—Pediatric products—Products exempted by the state board of pharmacy. RCW
69.43.110 and 69.43.120 do not apply to:
(1) Pediatric products primarily intended for administration to children under twelve years of age, according to label
instructions, either: (a) In solid dosage form whose individual dosage units do not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine; or (b) in
liquid form whose recommended dosage, according to label
instructions, does not exceed fifteen milligrams of ephedrine,
pseudoephedrine, or phenylpropanolamine per five milliliters
of liquid product;
(2) Pediatric liquid products primarily intended for
administration to children under two years of age for which
the recommended dosage does not exceed two milliliters and
the total package content does not exceed one fluid ounce;
(3) Products that the state board of pharmacy, upon
application of a manufacturer, exempts by rule from RCW
69.43.110 and 69.43.120 because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its
salts or precursors; or
(4) Products, as packaged, that the board of pharmacy,
upon application of a manufacturer, exempts from RCW
69.43.110(1)(b) and 69.43.120 because:
(a) The product meets the federal definition of an ordinary over-the-counter pseudoephedrine product as defined in
21 U.S.C. 802;
(b) The product is a salt, isomer, or salts of isomers of
pseudoephedrine and, as packaged, has a total weight of more
than three grams but the net weight of the pseudoephedrine
base is equal to or less than three grams; and
(c) The board of pharmacy determines that the value to
the people of the state of having the product, as packaged,
available for sale to consumers outweighs the danger, and the
product, as packaged, has not been used in the illegal manufacture of methamphetamine. [2004 c 52 § 7; 2001 c 96 §
11.]
Finding—Severability—Effective date—2004 c 52: See notes following RCW 18.64.044.
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.135
69.43.135 Iodine, methylsulfonylmethane—Sales
restrictions—Recording of transactions—Penalties. (1)
The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Iodine matrix" means iodine at a concentration
greater than two percent by weight in a matrix or solution.
(b) "Matrix" means something, as a substance, in which
something else originates, develops, or is contained.
(c) "Methylsulfonylmethane" means methylsulfonylmethane in its powder form only, and does not include products containing methylsulfonylmethane in other forms such
as liquids, tablets, capsules not containing methylsulfonyl[Title 69 RCW—page 57]
69.43.140
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
methane in pure powder form, ointments, creams, cosmetics,
foods, and beverages.
(2) Any person who knowingly purchases in a thirty-day
period or possesses any quantity of iodine in its elemental
form, an iodine matrix, or more than two pounds of methylsulfonylmethane is guilty of a gross misdemeanor, except as
provided in subsection (3) of this section.
(3) Subsection (2) of this section does not apply to:
(a) A person who possesses iodine in its elemental form
or an iodine matrix as a prescription drug, under a prescription issued by a licensed veterinarian, physician, or advanced
registered nurse practitioner;
(b) A person who possesses iodine in its elemental form,
an iodine matrix, or any quantity of methylsulfonylmethane
in its powder form and is actively engaged in the practice of
animal husbandry of livestock;
(c) A person who possesses iodine in its elemental form
or an iodine matrix in conjunction with experiments conducted in a chemistry or chemistry-related laboratory maintained by a:
(i) Public or private secondary school;
(ii) Public or private institution of higher education that
is accredited by a regional or national accrediting agency recognized by the United States department of education;
(iii) Manufacturing facility, government agency, or
research facility in the course of lawful business activities;
(d) A veterinarian, physician, advanced registered nurse
practitioner, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, or an agent of
any of these persons who possesses iodine in its elemental
form, an iodine matrix, or methylsulfonylmethane in its powder form in the regular course of lawful business activities; or
(e) A person working in a general hospital who possesses
iodine in its elemental form or an iodine matrix in the regular
course of employment at the hospital.
(4) Any person who purchases any quantity of iodine in
its elemental form, an iodine matrix, or any quantity of methylsulfonylmethane must present an identification card or
driver’s license issued by any state in the United States or
jurisdiction of another country before purchasing the item.
(5) The Washington state patrol shall develop a form to
be used in recording transactions involving iodine in its elemental form, an iodine matrix, or methylsulfonylmethane. A
person who sells or otherwise transfers any quantity of iodine
in its elemental form, an iodine matrix, or any quantity of
methylsulfonylmethane to a person for any purpose authorized in subsection (3) of this section must record each sale or
transfer. The record must be made on the form developed by
the Washington state patrol and must be retained by the person for at least three years. The Washington state patrol or
any local law enforcement agency may request access to the
records:
(a) Failure to make or retain a record required under this
subsection is a misdemeanor.
(b) Failure to comply with a request for access to records
required under this subsection to the Washington state patrol
or a local law enforcement agency is a misdemeanor. [2006
c 188 § 1.]
Reviser’s note: This section was directed to be codified in chapter 9.91
RCW, but placement in chapter 69.43 RCW appears to be more appropriate.
[Title 69 RCW—page 58]
69.43.140
69.43.140 Civil penalty—State board of pharmacy
waiver. (1) In addition to the other penalties provided for in
this chapter or in chapter 18.64 RCW, the state board of pharmacy may impose a civil penalty, not to exceed ten thousand
dollars for each violation, on any licensee or registrant who
has failed to comply with this chapter or the rules adopted
under this chapter. In the case of a continuing violation, every
day the violation continues shall be considered a separate
violation.
(2) The state board of pharmacy may waive the suspension or revocation of a license or registration issued under
chapter 18.64 RCW, or waive any civil penalty under this
chapter, if the licensee or registrant establishes that he or she
acted in good faith to prevent violations of this chapter, and
the violation occurred despite the licensee’s or registrant’s
exercise of due diligence. In making such a determination,
the state board of pharmacy may consider evidence that an
employer trained employees on how to sell, transfer, or otherwise furnish substances specified in RCW 69.43.010(1) in
accordance with applicable laws. [2001 c 96 § 12.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.150
69.43.150 Application of chapter to local government. This chapter is applicable and uniform throughout this
state and in all counties, cities, code cities, and towns therein.
A county, city, code city, or town may not adopt or enforce
any ordinance, pertaining to this chapter, which prohibits
conduct that is not prohibited under this chapter, or defining
violations or penalties different from those provided under
this chapter. However, this section does not preclude a
county, city, code city, or town from revoking, canceling,
suspending, or otherwise limiting a business or professional
license it has issued for conduct that violates any provision of
this chapter. [2001 c 96 § 13.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.160
69.43.160 Ephedrine, pseudoephedrine, phenylpropanolamine—Methods to prevent sales violations—
Department of health preparation of sign summarizing
prohibitions. (1) To prevent violations of RCW 69.43.110,
every licensee and registrant under chapter 18.64 RCW, who
sells at retail any products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or
salts of isomers, shall do either or may do both of the following:
(a) Program scanners, cash registers, or other electronic
devices used to record sales in a manner that will alert persons handling transactions to potential violations of RCW
69.43.110(1) and/or prevent such violations; or
(b) Place one or more signs on the premises to notify customers of the prohibitions of RCW 69.43.110. Any such sign
may, but is not required to, conform to the language and format prepared by the department of health under subsection
(2) of this section.
(2) The department of health shall prepare language and
format for a sign summarizing the prohibitions in RCW
69.43.110 and 69.43.120 and make the language and format
available to licensees and registrants under chapter 18.64
RCW, for voluntary use in their places of business to inform
(2006 Ed.)
Drug Samples
customers and employees of the prohibitions. Nothing in this
section requires the department of health to provide licensees
or registrants with copies of signs, or any licensee or registrant to use the specific language or format prepared by the
department under this subsection. [2001 c 96 § 14.]
Intent—Severability—2001 c 96: See notes following RCW
69.43.010.
69.43.170 Ephedrine, pseudoephedrine, phenylpropanolamine—Pilot project to record retail transactions—
Penalty. (1) The state board of pharmacy, using procedures
under chapter 34.05 RCW, shall implement and conduct a
statewide pilot project requiring the collection and maintenance of written or electronic logs or other alternative means
of recording retail transactions involving ephedrine, pseudoephedrine, or phenylpropanolamine. The rules implementing the pilot project shall be in place by January 1, 2006.
(2) The pilot project shall be designed to address:
(a) Whether a log or other means of recording a transaction is an effective law enforcement tool;
(b) What information is needed to make logs or other
means of recording a transaction useful as a deterrent to criminal activity;
(c) The most effective method of obtaining, recording,
and storing log or other electronic data in the least intrusive
manner available;
(d) How long the information recorded in the logs or
other means of recording a transaction should be maintained;
and
(e) How logs or other means of recording a transaction
can be most effectively transmitted to law enforcement and
the state board of pharmacy.
(3) The board shall convene a work group to evaluate the
data collected during the pilot project. The work group shall
consist of:
(a) One representative from law enforcement appointed
by the Washington association of sheriffs and police chiefs;
(b) One representative from the Washington state patrol;
(c) One representative appointed by the Washington
association of prosecuting attorneys;
(d) One representative appointed by the office of the
attorney general;
(e) One representative appointed by the state board of
pharmacy; and
(f) Two representatives from the retail industry.
(4) The state board of pharmacy shall begin data collection for the pilot project no later than January 1, 2006, and
report to the legislature no later than November 1, 2007,
regarding the findings of the work group along with any recommendations or proposed legislation.
(5) Any orders and rules adopted under this section not
in conflict with state law continue in effect until modified,
superseded, or repealed. The board may implement rule
changes based upon the results of the pilot project and recommendations of the work group.
(6)(a) The records required by this section are for the
confidential use of the pharmacy, shopkeeper, or itinerant
vendor, except that:
(i) Every pharmacy, shopkeeper, or itinerant vendor
shall produce the records in court whenever lawfully required
to do so;
69.43.170
(2006 Ed.)
Chapter 69.45
(ii) The records shall be open for inspection by the board
of pharmacy; and
(iii) The records shall be open for inspection by any general or limited authority Washington peace officer to enforce
the provisions of this chapter.
(b) A person violating this subsection is guilty of a misdemeanor. [2005 c 388 § 8.]
Finding—Effective dates—Severability—2005 c 388: See notes following RCW 69.43.105.
69.43.180
69.43.180 Expansion of log requirements—Petition
by law enforcement. (1) The Washington association of
sheriffs and police chiefs or the Washington state patrol may
petition the state board of pharmacy to apply the log requirements in RCW 69.43.170 to one or more products that contain ephedrine, pseudoephedrine, or phenylpropanolamine,
or their salts, isomers, or salts of isomers, that is not the only
active ingredient and that is in liquid, liquid capsule, or gel
capsule form. The petition shall establish that:
(a) Ephedrine, pseudoephedrine, or phenylpropanolamine can be effectively extracted from the product and converted into methamphetamine or another controlled dangerous substance; and
(b) Law enforcement, the Washington state patrol, or the
department of ecology are finding substantial evidence that
the product is being used for the illegal manufacture of methamphetamine or another controlled dangerous substance.
(2) The board of pharmacy shall adopt rules when a petition establishes that requiring the application of the log
requirements in RCW 69.43.170 to the sale of the product at
retail is warranted based upon the effectiveness and extent of
use of the product for the illegal manufacture of methamphetamine or other controlled dangerous substances and the
extent of the burden of any restrictions upon consumers. The
board of pharmacy may adopt emergency rules to apply the
log requirements to the sale of a product when the petition
establishes that the immediate restriction of the product is
necessary in order to protect public health and safety. [2005
c 388 § 3.]
Finding—Effective dates—Severability—2005 c 388: See notes following RCW 69.43.105.
69.43.190
69.43.190 Products found at methamphetamine
sites—Report. Each county sheriff shall compile and maintain a record of commercial products containing ephedrine,
pseudoephedrine, or phenylpropanolamine and packaging
found at methamphetamine laboratory sites. The data shall
be forwarded to the Washington association of sheriffs and
police chiefs and shall be reported to the legislature by
November 1, 2007, and annually thereafter. [2005 c 388 § 9.]
Finding—Effective dates—Severability—2005 c 388: See notes following RCW 69.43.105.
Chapter 69.45
Chapter 69.45 RCW
DRUG SAMPLES
Sections
69.45.010
69.45.020
Definitions.
Registration of manufacturers—Additional information
required by the department.
[Title 69 RCW—page 59]
69.45.010
69.45.030
69.45.040
69.45.050
69.45.060
69.45.070
69.45.080
69.45.090
69.45.900
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
Records maintained by manufacturer—Report of loss or theft
of drug samples—Reports of practitioners receiving controlled substance drug samples.
Storage and transportation of drug samples—Disposal of samples which have exceeded their expiration dates.
Distribution of drug samples—Written request—No fee or
charge permitted—Possession of legend drugs or controlled
substances by manufacturers’ representatives.
Disposal of surplus, outdated, or damaged drug samples.
Registration fees—Penalty.
Violations of chapter—Manufacturer’s liability—Penalty—
Seizure of drug samples.
Confidentiality.
Severability—1987 c 411.
69.45.010
69.45.010 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Board" means the board of pharmacy.
(2) "Drug samples" means any federal food and drug
administration approved controlled substance, legend drug,
or products requiring prescriptions in this state, which is distributed at no charge to a practitioner by a manufacturer or a
manufacturer’s representative, exclusive of drugs under clinical investigations approved by the federal food and drug
administration.
(3) "Controlled substance" means a drug, substance, or
immediate precursor of such drug or substance, so designated
under or pursuant to chapter 69.50 RCW, the uniform controlled substances act.
(4) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a
drug or device, whether or not there is an agency relationship.
(5) "Dispense" means the interpretation of a prescription
or order for a drug, biological, or device and, pursuant to that
prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that
prescription or order for delivery.
(6) "Distribute" means to deliver, other than by administering or dispensing, a legend drug.
(7) "Legend drug" means any drug that is required by
state law or by regulations of the board to be dispensed on
prescription only or is restricted to use by practitioners only.
(8) "Manufacturer" means a person or other entity
engaged in the manufacture or distribution of drugs or
devices, but does not include a manufacturer’s representative.
(9) "Person" means any individual, corporation, government or governmental subdivision or agency, business trust,
estate, trust, partnership, association, or any other legal
entity.
(10) "Practitioner" means a physician under chapter
18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under
chapter 18.32 RCW, a podiatric physician and surgeon under
chapter 18.22 RCW, a veterinarian under chapter 18.92
RCW, a pharmacist under chapter 18.64 RCW, a commissioned medical or dental officer in the United States armed
forces or the public health service in the discharge of his or
her official duties, a duly licensed physician or dentist
employed by the veterans administration in the discharge of
his or her official duties, a registered nurse or advanced registered nurse practitioner under chapter 18.79 RCW when
authorized to prescribe by the nursing care quality assurance
commission, an osteopathic physician assistant under chapter
18.57A RCW when authorized by the board of osteopathic
[Title 69 RCW—page 60]
medicine and surgery, or a physician assistant under chapter
18.71A RCW when authorized by the medical quality assurance commission.
(11) "Manufacturer’s representative" means an agent or
employee of a drug manufacturer who is authorized by the
drug manufacturer to possess drug samples for the purpose of
distribution in this state to appropriately authorized health
care practitioners.
(12) "Reasonable cause" means a state of facts found to
exist that would warrant a reasonably intelligent and prudent
person to believe that a person has violated state or federal
drug laws or regulations.
(13) "Department" means the department of health.
(14) "Secretary" means the secretary of health or the secretary’s designee. [1994 sp.s. c 9 § 738; 1989 1st ex.s. c 9 §
444; 1987 c 411 § 1.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.45.020
69.45.020 Registration of manufacturers—Additional information required by the department. A manufacturer that intends to distribute drug samples in this state
shall register annually with the department, providing the
name and address of the manufacturer, and shall:
(1) Provide a twenty-four hour telephone number and the
name of the individual(s) who shall respond to reasonable
official inquiries from the department, as directed by the
board, based on reasonable cause, regarding required records,
reports, or requests for information pursuant to a specific
investigation of a possible violation. Each official request by
the department and each response by a manufacturer shall be
limited to the information specifically relevant to the particular official investigation. Requests for the address of sites in
this state at which drug samples are stored by the manufacturer’s representative and the names and addresses of the
individuals who are responsible for the storage or distribution
of the drug samples shall be responded to as soon as possible
but not later than the close of business on the next business
day following the request; or
(2) If a twenty-four hour telephone number is not available, provide the addresses of sites in this state at which drug
samples are stored by the manufacturer’s representative, and
the names and addresses of the individuals who are responsible for the storage or distribution of the drug samples. The
manufacturer shall annually submit a complete updated list of
the sites and individuals to the department. [1989 1st ex.s. c
9 § 445; 1987 c 411 § 2.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.45.030
69.45.030 Records maintained by manufacturer—
Report of loss or theft of drug samples—Reports of practitioners receiving controlled substance drug samples. (1)
The following records shall be maintained by the manufacturer distributing drug samples in this state and shall be available for inspection by authorized representatives of the
department based on reasonable cause and pursuant to an
official investigation:
(2006 Ed.)
Drug Samples
(a) An inventory of drug samples held in this state for
distribution, taken at least annually by a representative of the
manufacturer other than the individual in direct control of the
drug samples;
(b) Records or documents to account for all drug samples
distributed, destroyed, or returned to the manufacturer. The
records shall include records for sample drugs signed for by
practitioners, dates and methods of destruction, and any dates
of returns; and
(c) Copies of all reports of lost or stolen drug samples.
(2) All required records shall be maintained for two
years and shall include transaction dates.
(3) Manufacturers shall report to the department the discovery of any loss or theft of drug samples as soon as possible
but not later than the close of business on the next business
day following the discovery.
(4) Manufacturers shall report to the department as frequently as, and at the same time as, their other reports to the
federal drug enforcement administration, or its lawful successor, the name, address and federal registration number for
each practitioner who has received controlled substance drug
samples and the name, strength and quantity of the controlled
substance drug samples distributed. [1989 1st ex.s. c 9 § 446;
1987 c 411 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.45.040
69.45.040 Storage and transportation of drug samples—Disposal of samples which have exceeded their
expiration dates. (1) Drug samples shall be stored in compliance with the requirements of federal and state laws, rules,
and regulations.
(2) Drug samples shall be maintained in a locked area to
which access is limited to persons authorized by the manufacturer.
(3) Drug samples shall be stored and transported in such
a manner as to be free of contamination, deterioration, and
adulteration.
(4) Drug samples shall be stored under conditions of
temperature, light, moisture, and ventilation so as to meet the
label instructions for each drug.
(5) Drug samples which have exceeded the expiration
date shall be physically separated from other drug samples
until disposed of or returned to the manufacturer. [1987 c
411 § 4.]
69.45.080
(a) The recipient’s name, address, and professional designation;
(b) The name, strength, and quantity of the drug samples
delivered;
(c) The name or identification of the manufacturer and of
the individual distributing the drug sample; and
(d) The dated signature of the practitioner requesting the
drug sample.
(3) No fee or charge may be imposed for sample drugs
distributed in this state.
(4) A manufacturer’s representative shall not possess
legend drugs or controlled substances other than those distributed by the manufacturer they represent. Nothing in this
section prevents a manufacturer’s representative from possessing a legally prescribed and dispensed legend drug or
controlled substance. [1989 c 164 § 2; 1987 c 411 § 5.]
Legislative finding—1989 c 164: "The legislature finds that chapter
69.45 RCW is more restrictive than the federal prescription drug marketing
act of 1987, and the legislature further finds that a change in chapter 69.45
RCW accepting the position of the federal law is beneficial to the citizens of
this state." [1989 c 164 § 1.]
69.45.060
69.45.060 Disposal of surplus, outdated, or damaged
drug samples. Surplus, outdated, or damaged drug samples
shall be disposed of as follows:
(1) Returned to the manufacturer; or
(2) Witnessed destruction by such means as to assure
that the drug cannot be retrieved. However, controlled substances shall be returned to the manufacturer or disposed of in
accordance with rules adopted by the board: PROVIDED,
That the board shall adopt by rule the regulations of the federal drug enforcement administration or its lawful successor
unless, stating reasonable grounds, it adopts rules consistent
with such regulations. [1987 c 411 § 6.]
69.45.070
69.45.070 Registration fees—Penalty. The department may charge reasonable fees for registration. The registration fee shall not exceed the fee charged by the department
for a pharmacy location license. If the registration fee is not
paid on or before the date due, a renewal or new registration
may be issued only upon payment of the registration renewal
fee and a penalty fee equal to the registration renewal fee.
[1991 c 229 § 8; 1989 1st ex.s. c 9 § 447; 1987 c 411 § 7.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.45.080
69.45.050
69.45.050 Distribution of drug samples—Written
request—No fee or charge permitted—Possession of legend drugs or controlled substances by manufacturers’
representatives. (1) Drug samples may be distributed by a
manufacturer or a manufacturer’s representative only to practitioners legally authorized to prescribe such drugs or, at the
request of such practitioner, to pharmacies of hospitals or
other health care entities. The recipient of the drug sample
must execute a written receipt upon delivery that is returned
to the manufacturer or the manufacturer’s representative.
(2) Drug samples may be distributed by a manufacturer
or a manufacturer’s representative only to a practitioner
legally authorized to prescribe such drugs pursuant to a written request for such samples. The request shall contain:
(2006 Ed.)
69.45.080 Violations of chapter—Manufacturer’s
liability—Penalty—Seizure of drug samples. (1) The
manufacturer is responsible for the actions and conduct of its
representatives with regard to drug samples.
(2) The board may hold a public hearing to examine a
possible violation and may require a designated representative of the manufacturer to attend.
(3) If a manufacturer fails to comply with this chapter
following notification by the board, the board may impose a
civil penalty of up to five thousand dollars. The board shall
take no action to impose any civil penalty except pursuant to
a hearing held in accordance with chapter 34.05 RCW.
(4) Specific drug samples which are distributed in this
state in violation of this chapter, following notification by the
[Title 69 RCW—page 61]
69.45.090
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
board, shall be subject to seizure following the procedures set
out in RCW 69.41.060. [1987 c 411 § 8.]
69.45.090 Confidentiality. All records, reports, and
information obtained by the board from or on behalf of a
manufacturer or manufacturer’s representative under this
chapter are confidential and exempt from public inspection
and copying under chapter 42.56 RCW. This section does
not apply to public disclosure of the identity of persons found
by the board to have violated state or federal law, rules, or
regulations. This section is not intended to restrict the investigations and proceedings of the board so long as the board
maintains the confidentiality required by this section. [2005
c 274 § 330; 1987 c 411 § 9.]
69.45.090
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
69.45.900 Severability—1987 c 411. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 411 § 12.]
69.45.900
69.50.4012
69.50.4013
69.50.4014
69.50.4015
69.50.4016
69.50.402
69.50.403
69.50.404
69.50.405
69.50.406
69.50.407
69.50.408
69.50.410
69.50.412
69.50.4121
69.50.413
69.50.414
69.50.415
69.50.416
69.50.420
69.50.425
69.50.430
69.50.435
69.50.440
Delivery of substance in lieu of controlled substance—Penalty.
Possession of controlled substance—Penalty.
Possession of forty grams or less of marihuana—Penalty.
Involving a person under eighteen in unlawful controlled substance transaction—Penalty.
Provisions not applicable to offenses under RCW 69.50.410.
Prohibited acts: B—Penalties.
Prohibited acts: C—Penalties.
Penalties under other laws.
Bar to prosecution.
Distribution to persons under age eighteen.
Conspiracy.
Second or subsequent offenses.
Prohibited acts: D—Penalties.
Prohibited acts: E—Penalties.
Drug paraphernalia—Selling or giving—Penalty.
Health care practitioners—Suspension of license for violation
of chapter.
Sale or transfer of controlled substance to minor—Cause of
action by parent—Damages.
Controlled substances homicide—Penalty.
Counterfeit substances prohibited—Penalties.
Violations—Juvenile driving privileges.
Misdemeanor violations—Minimum penalties.
Additional fine for certain felony violations.
Violations committed in or on certain public places or facilities—Additional penalty—Defenses—Construction—Definitions.
Possession with intent to manufacture—Penalty.
ARTICLE V—ENFORCEMENT AND
ADMINISTRATIVE PROVISIONS
Chapter 69.50 RCW
UNIFORM CONTROLLED SUBSTANCES ACT
Chapter 69.50
Sections
ARTICLE I—DEFINITIONS
69.50.101
69.50.102
Definitions.
Drug paraphernalia—Definitions.
ARTICLE II—STANDARDS AND SCHEDULES
69.50.201
69.50.202
69.50.203
69.50.204
69.50.205
69.50.206
69.50.207
69.50.208
69.50.209
69.50.210
69.50.211
69.50.212
69.50.213
69.50.214
Enforcement of chapter—Authority to change schedules of
controlled substances.
Nomenclature.
Schedule I tests.
Schedule I.
Schedule II tests.
Schedule II.
Schedule III tests.
Schedule III.
Schedule IV tests.
Schedule IV.
Schedule V tests.
Schedule V.
Republishing of schedules.
Controlled substance analog.
ARTICLE III—REGULATION OF MANUFACTURE, DISTRIBUTION,
AND DISPENSING OF CONTROLLED SUBSTANCES
69.50.301
69.50.302
69.50.303
69.50.304
69.50.305
69.50.306
69.50.308
69.50.309
69.50.310
69.50.311
69.50.312
69.50.320
Rules—Fees.
Registration requirements.
Registration.
Revocation and suspension of registration—Seizure or placement under seal of controlled substances.
Procedure for denial, suspension, or revocation of registration.
Records of registrants.
Prescriptions.
Containers.
Sodium pentobarbital—Registration of humane societies and
animal control agencies for use in animal control.
Triplicate prescription form program—Compliance by health
care practitioners.
Electronic communication of prescription information—
Board may adopt rules.
Registration of department of fish and wildlife for use in
chemical capture programs—Rules.
ARTICLE IV—OFFENSES AND PENALTIES
69.50.401
69.50.4011
Prohibited acts: A—Penalties.
Counterfeit substances—Penalties.
[Title 69 RCW—page 62]
69.50.500
69.50.501
69.50.502
69.50.503
69.50.504
69.50.505
69.50.506
69.50.507
69.50.508
69.50.509
69.50.510
69.50.520
69.50.525
Powers of enforcement personnel.
Administrative inspections.
Warrants for administrative inspections.
Injunctions.
Cooperative arrangements.
Seizure and forfeiture.
Burden of proof; liabilities.
Judicial review.
Education and research.
Search and seizure of controlled substances.
Search and seizure at rental premises—Notification of landlord.
Clean-up of hazardous substances at illegal drug manufacturing facility—Rules.
Violence reduction and drug enforcement account.
Diversion prevention and control—Report.
69.50.601
69.50.602
69.50.603
69.50.604
69.50.605
69.50.606
69.50.607
69.50.608
69.50.609
Pending proceedings.
Continuation of rules.
Uniformity of interpretation.
Short title.
Severability—1971 ex.s. c 308.
Repealers.
Effective date—1971 ex.s. c 308.
State preemption.
Captions not law—1993 c 187.
69.50.511
ARTICLE VI—MISCELLANEOUS
Drug nuisances—Injunctions: Chapter 7.43 RCW.
ARTICLE I
DEFINITIONS
69.50.101 Definitions. Unless the context clearly
requires otherwise, definitions of terms shall be as indicated
where used in this chapter:
(a) "Administer" means to apply a controlled substance,
whether by injection, inhalation, ingestion, or any other
means, directly to the body of a patient or research subject by:
(1) a practitioner authorized to prescribe (or, by the practitioner’s authorized agent); or
(2) the patient or research subject at the direction and in
the presence of the practitioner.
(b) "Agent" means an authorized person who acts on
behalf of or at the direction of a manufacturer, distributor, or
69.50.101
(2006 Ed.)
Uniform Controlled Substances Act
dispenser. It does not include a common or contract carrier,
public warehouseperson, or employee of the carrier or warehouseperson.
(c) "Board" means the state board of pharmacy.
(d) "Controlled substance" means a drug, substance, or
immediate precursor included in Schedules I through V as set
forth in federal or state laws, or federal or board rules.
(e)(1) "Controlled substance analog" means a substance
the chemical structure of which is substantially similar to the
chemical structure of a controlled substance in Schedule I or
II and:
(i) that has a stimulant, depressant, or hallucinogenic
effect on the central nervous system substantially similar to
the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in
Schedule I or II; or
(ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant,
or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled
substance included in Schedule I or II.
(2) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug
application;
(iii) a substance with respect to which an exemption is in
effect for investigational use by a particular person under
Section 505 of the federal Food, Drug and Cosmetic Act, 21
U.S.C. Sec. 355, to the extent conduct with respect to the substance is pursuant to the exemption; or
(iv) any substance to the extent not intended for human
consumption before an exemption takes effect with respect to
the substance.
(f) "Deliver" or "delivery," means the actual or constructive transfer from one person to another of a substance,
whether or not there is an agency relationship.
(g) "Department" means the department of health.
(h) "Dispense" means the interpretation of a prescription
or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that
prescription or order for delivery.
(i) "Dispenser" means a practitioner who dispenses.
(j) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means (1) a controlled substance recognized
as a drug in the official United States pharmacopoeia/national
formulary or the official homeopathic pharmacopoeia of the
United States, or any supplement to them; (2) controlled substances intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in individuals or animals;
(3) controlled substances (other than food) intended to affect
the structure or any function of the body of individuals or animals; and (4) controlled substances intended for use as a
component of any article specified in (1), (2), or (3) of this
subsection. The term does not include devices or their components, parts, or accessories.
(2006 Ed.)
69.50.101
(m) "Drug enforcement administration" means the drug
enforcement administration in the United States Department
of Justice, or its successor agency.
(n) "Immediate precursor" means a substance:
(1) that the state board of pharmacy has found to be and
by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;
(2) that is an immediate chemical intermediary used or
likely to be used in the manufacture of a controlled substance;
and
(3) the control of which is necessary to prevent, curtail,
or limit the manufacture of the controlled substance.
(o) "Isomer" means an optical isomer, but in RCW
69.50.101(r)(5), 69.50.204(a) (12) and (34), and
69.50.206(a)(4), the term includes any geometrical isomer; in
RCW 69.50.204(a) (8) and (42), and 69.50.210(c) the term
includes any positional isomer; and in RCW
69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term
includes any positional or geometric isomer.
(p) "Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a
controlled substance, either directly or indirectly or by
extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or
relabeling of a controlled substance:
(1) by a practitioner as an incident to the practitioner’s
administering or dispensing of a controlled substance in the
course of the practitioner’s professional practice; or
(2) by a practitioner, or by the practitioner’s authorized
agent under the practitioner’s supervision, for the purpose of,
or as an incident to, research, teaching, or chemical analysis
and not for sale.
(q) "Marijuana" or "marihuana" means all parts of the
plant Cannabis, whether growing or not; the seeds thereof;
the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation
of the plant, its seeds or resin. The term does not include the
mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation
of the mature stalks (except the resin extracted therefrom),
fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination.
(r) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) Opium, opium derivative, and any derivative of
opium or opium derivative, including their salts, isomers, and
salts of isomers, whenever the existence of the salts, isomers,
and salts of isomers is possible within the specific chemical
designation. The term does not include the isoquinoline alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of
[Title 69 RCW—page 63]
69.50.102
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific
chemical designation.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca
leaves from which cocaine, ecgonine, and derivatives or
ecgonine or their salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of
isomer thereof.
(8) Any compound, mixture, or preparation containing
any quantity of any substance referred to in subparagraphs (1)
through (7).
(s) "Opiate" means any substance having an addictionforming or addiction-sustaining liability similar to morphine
or being capable of conversion into a drug having addictionforming or addiction-sustaining liability. The term includes
opium, substances derived from opium (opium derivatives),
and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and
its salts (dextromethorphan). The term includes the racemic
and levorotatory forms of dextromethorphan.
(t) "Opium poppy" means the plant of the species
Papaver somniferum L., except its seeds.
(u) "Person" means individual, corporation, business
trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other
legal or commercial entity.
(v) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(w) "Practitioner" means:
(1) A physician under chapter 18.71 RCW, a physician
assistant under chapter 18.71A RCW, an osteopathic physician and surgeon under chapter 18.57 RCW, an optometrist
licensed under chapter 18.53 RCW who is certified by the
optometry board under RCW 18.53.010 subject to any limitations in RCW 18.53.010, a dentist under chapter 18.32 RCW,
a podiatric physician and surgeon under chapter 18.22 RCW,
a veterinarian under chapter 18.92 RCW, a registered nurse,
advanced registered nurse practitioner, or licensed practical
nurse under chapter 18.79 RCW, a pharmacist under chapter
18.64 RCW or a scientific investigator under this chapter,
licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research
in this state.
(2) A pharmacy, hospital or other institution licensed,
registered, or otherwise permitted to distribute, dispense,
conduct research with respect to or to administer a controlled
substance in the course of professional practice or research in
this state.
(3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine
and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine in any state of the United States.
[Title 69 RCW—page 64]
(x) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule
in the state of Washington to prescribe controlled substances
within the scope of his or her professional practice for a legitimate medical purpose.
(y) "Production" includes the manufacturing, planting,
cultivating, growing, or harvesting of a controlled substance.
(z) "Secretary" means the secretary of health or the secretary’s designee.
(aa) "State," unless the context otherwise requires,
means a state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, or a territory or insular
possession subject to the jurisdiction of the United States.
(bb) "Ultimate user" means an individual who lawfully
possesses a controlled substance for the individual’s own use
or for the use of a member of the individual’s household or
for administering to an animal owned by the individual or by
a member of the individual’s household.
(cc) "Electronic communication of prescription information" means the communication of prescription information
by computer, or the transmission of an exact visual image of
a prescription by facsimile, or other electronic means for
original prescription information or prescription refill information for a Schedule III-V controlled substance between an
authorized practitioner and a pharmacy or the transfer of prescription information for a controlled substance from one
pharmacy to another pharmacy. [2003 c 142 § 4; 1998 c 222
§ 3; 1996 c 178 § 18; 1994 sp.s. c 9 § 739; 1993 c 187 § 1.
Prior: 1990 c 248 § 1; 1990 c 219 § 3; 1990 c 196 § 8; 1989
1st ex.s. c 9 § 429; 1987 c 144 § 2; 1986 c 124 § 1; 1984 c 153
§ 18; 1980 c 71 § 2; 1973 2nd ex.s. c 38 § 1; 1971 ex.s. c 308
§ 69.50.101.]
Severability—2003 c 142: See note following RCW 18.53.010.
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Finding—1990 c 219: See note following RCW 69.41.030.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1973 2nd ex.s. c 38: "If any of the provisions of this
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the amendatory act, or the application of the provision to other persons or circumstances, or the act prior to its amendment is
not affected." [1973 2nd ex.s. c 38 § 3.]
69.50.102
69.50.102 Drug paraphernalia—Definitions. (a) As
used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are used,
intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes,
but is not limited to:
(1) Kits used, intended for use, or designed for use in
planting, propagating, cultivating, growing, or harvesting of
any species of plant which is a controlled substance or from
which a controlled substance can be derived;
(2006 Ed.)
Uniform Controlled Substances Act
(2) Kits used, intended for use, or designed for use in
manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) Isomerization devices used, intended for use, or
designed for use in increasing the potency of any species of
plant which is a controlled substance;
(4) Testing equipment used, intended for use, or
designed for use in identifying or in analyzing the strength,
effectiveness, or purity of controlled substances;
(5) Scales and balances used, intended for use, or
designed for use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended
for use, or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or
designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;
(8) Blenders, bowls, containers, spoons, and mixing
devices used, intended for use, or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes, and other containers
used, intended for use, or designed for use in packaging small
quantities of controlled substances;
(10) Containers and other objects used, intended for use,
or designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles, and other objects
used, intended for use, or designed for use in parenterally
injecting controlled substances into the human body;
(12) Objects used, intended for use, or designed for use
in ingesting, inhaling, or otherwise introducing marihuana,
cocaine, hashish, or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or
ceramic pipes with or without screens, permanent screens,
hashish heads, or punctured metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips: Meaning objects used to hold burning
material, such as a marihuana cigarette, that has become too
small or too short to be held in the hand;
(vi) Miniature cocaine spoons, and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(ix) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs; and
(xiii) Ice pipes or chillers.
(b) In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the
following:
(1) Statements by an owner or by anyone in control of
the object concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in
control of the object, under any state or federal law relating to
any controlled substance;
(3) The proximity of the object, in time and space, to a
direct violation of this chapter;
(2006 Ed.)
69.50.201
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances
on the object;
(6) Direct or circumstantial evidence of the intent of an
owner, or of anyone in control of the object, to deliver it to
persons whom he knows, or should reasonably know, intend
to use the object to facilitate a violation of this chapter; the
innocence of an owner, or of anyone in control of the object,
as to a direct violation of this chapter shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object
concerning its use;
(8) Descriptive materials accompanying the object
which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for
sale;
(11) Whether the owner, or anyone in control of the
object, is a legitimate supplier of like or related items to the
community, such as a licensed distributor or dealer of
tobacco products;
(12) Direct or circumstantial evidence of the ratio of
sales of the object(s) to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the
object in the community; and
(14) Expert testimony concerning its use. [1981 c 48 §
1.]
Severability—1981 c 48: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 48 § 4.]
ARTICLE II
STANDARDS AND SCHEDULES
69.50.201
69.50.201 Enforcement of chapter—Authority to
change schedules of controlled substances. (a) The state
board of pharmacy shall enforce this chapter and may add
substances to or delete or reschedule substances listed in
RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, or
69.50.212 pursuant to the procedures of chapter 34.05 RCW.
(1) In making a determination regarding a substance, the
board shall consider the following:
(i) the actual or relative potential for abuse;
(ii) the scientific evidence of its pharmacological effect,
if known;
(iii) the state of current scientific knowledge regarding
the substance;
(iv) the history and current pattern of abuse;
(v) the scope, duration, and significance of abuse;
(vi) the risk to the public health;
(vii) the potential of the substance to produce psychic or
physiological dependence liability; and
(viii) whether the substance is an immediate precursor of
a controlled substance.
(2) The board may consider findings of the federal Food
and Drug Administration or the Drug Enforcement Administration as prima facie evidence relating to one or more of the
determinative factors.
[Title 69 RCW—page 65]
69.50.202
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(b) After considering the factors enumerated in subsection (a) of this section, the board shall make findings with
respect thereto and adopt and cause to be published a rule
controlling the substance upon finding the substance has a
potential for abuse.
(c) The board, without regard to the findings required by
subsection (a) of this section or RCW 69.50.203, 69.50.205,
69.50.207, 69.50.209, and 69.50.211 or the procedures prescribed by subsections (a) and (b) of this section, may place
an immediate precursor in the same schedule in which the
controlled substance of which it is an immediate precursor is
placed or in any other schedule. If the board designates a substance as an immediate precursor, substances that are precursors of the controlled precursor are not subject to control
solely because they are precursors of the controlled precursor.
(d) If a substance is designated, rescheduled, or deleted
as a controlled substance under federal law, the board shall
similarly control the substance under this chapter after the
expiration of thirty days from the date of publication in the
federal register of a final order designating the substance as a
controlled substance or rescheduling or deleting the substance or from the date of issuance of an order of temporary
scheduling under Section 508 of the federal Dangerous Drug
Diversion Control Act of 1984, 21 U.S.C. Sec. 811(h), unless
within that thirty-day period, the board or an interested party
objects to inclusion, rescheduling, temporary scheduling, or
deletion. If no objection is made, the board shall adopt and
cause to be published, without the necessity of making determinations or findings as required by subsection (a) of this
section or RCW 69.50.203, 69.50.205, 69.50.207, 69.50.209,
and 69.50.211, a final rule, for which notice of proposed rule
making is omitted, designating, rescheduling, temporarily
scheduling, or deleting the substance. If an objection is made,
the board shall make a determination with respect to the designation, rescheduling, or deletion of the substance as provided by subsection (a) of this section. Upon receipt of an
objection to inclusion, rescheduling, or deletion under this
chapter by the board, the board shall publish notice of the
receipt of the objection, and control under this chapter is
stayed until the board adopts a rule as provided by subsection
(a) of this section.
(e) The board, by rule and without regard to the requirements of subsection (a) of this section, may schedule a substance in Schedule I regardless of whether the substance is
substantially similar to a controlled substance in Schedule I
or II if the board finds that scheduling of the substance on an
emergency basis is necessary to avoid an imminent hazard to
the public safety and the substance is not included in any
other schedule or no exemption or approval is in effect for the
substance under Section 505 of the federal Food, Drug, and
Cosmetic Act, 21 U.S.C. Sec. 355. Upon receipt of notice
under RCW 69.50.214, the board shall initiate scheduling of
the controlled substance analog on an emergency basis pursuant to this subsection. The scheduling of a substance under
this subsection expires one year after the adoption of the
scheduling rule. With respect to the finding of an imminent
hazard to the public safety, the board shall consider whether
the substance has been scheduled on a temporary basis under
federal law or factors set forth in subsection (a)(1)(iv), (v),
and (vi) of this section, and may also consider clandestine
[Title 69 RCW—page 66]
importation, manufacture, or distribution, and, if available,
information concerning the other factors set forth in subsection (a)(1) of this section. A rule may not be adopted under
this subsection until the board initiates a rule-making proceeding under subsection (a) of this section with respect to
the substance. A rule adopted under this subsection must be
vacated upon the conclusion of the rule-making proceeding
initiated under subsection (a) of this section with respect to
the substance.
(g) [(f)] Authority to control under this section does not
extend to distilled spirits, wine, malt beverages, or tobacco as
those terms are defined or used in Titles 66 and 26 RCW.
[1998 c 245 § 108; 1993 c 187 § 2; 1989 1st ex.s. c 9 § 430;
1986 c 124 § 2; 1971 ex.s. c 308 § 69.50.201.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.50.202
69.50.202 Nomenclature. The controlled substances
listed or to be listed in the schedules in RCW 69.50.204,
69.50.206, 69.50.208, 69.50.210, and 69.50.212 are included
by whatever official, common, usual, chemical, or trade
name designated. [1971 ex.s. c 308 § 69.50.202.]
69.50.203
69.50.203 Schedule I tests. (a) The state board of pharmacy shall place a substance in Schedule I upon finding that
the substance:
(1) has high potential for abuse;
(2) has no currently accepted medical use in treatment in
the United States; and
(3) lacks accepted safety for use in treatment under medical supervision.
(b) The board may place a substance in Schedule I without making the findings required by subsection (a) of this section if the substance is controlled under Schedule I of the federal Controlled Substances Act by a federal agency as the
result of an international treaty, convention, or protocol.
[1993 c 187 § 3; 1971 ex.s. c 308 § 69.50.203.]
69.50.204
69.50.204 Schedule I. Unless specifically excepted by
state or federal law or regulation or more specifically
included in another schedule, the following controlled substances are listed in Schedule I:
(a) Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers
whenever the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2phenethyl)-4-piperidinyl]-N-phenylacetamide);
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol;
(5) Alphameprodine;
(6) Alphamethadol;
(7) Alpha-methylfentanyl (N-[1-(alpha-methyl-betaphenyl) ethyl-4-piperidyl] propionanilide); (1-(1-methyl-2phenylethyl)-4-(N-propanilido) piperidine);
(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(9) Benzethidine;
(10) Betacetylmethadol;
(2006 Ed.)
Uniform Controlled Substances Act
(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl some trade or other
names: N-[1-(2-hydrox-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)4-piperidyl]-N-phenylprop anamide);
(35)
3-Methylthiofentanyl
(N-[(3-methyl-1-(2thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(36) Morpheridine;
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(39) Norlevorphanol;
(40) Normethadone;
(41) Norpipanone;
(42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2phenethyl)-4-piperidinyl] propanamide);
(43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4piperidinyl]-propanaminde);
(54) Tilidine;
(55) Trimeperidine.
(b) Opium derivatives. Unless specifically excepted or
unless listed in another schedule, any of the following opium
derivatives, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) Acetorphine;
(2006 Ed.)
69.50.204
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) 3,4-methylenedioxy-N-ethylamphetamine some
trade or other names: N-ethyl-alpha-methyl3,4(methylenedioxy)phenthylamine, N-ethyl MDA, MDE,
MDEA;
(9) N-hydroxy-3,4-methylenedioxyamphetamine some
trade or other names: N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA;
(10) Dihydromorphine;
(11) Drotebanol;
(12) Etorphine, except hydrochloride salt;
(13) Heroin;
(14) Hydromorphinol;
(15) Methyldesorphine;
(16) Methyldihydromorphine;
(17) Morphine methylbromide;
(18) Morphine methylsulfonate;
(19) Morphine-N-Oxide;
(20) Myrophine;
(21) Nicocodeine;
(22) Nicomorphine;
(23) Normorphine;
(24) Pholcodine;
(25) Thebacon.
(c) Hallucinogenic substances. Unless specifically
excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including
their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible
within the specific chemical designation.
(1) 4-bromo-2,5-dimethoxy-amphetamine: Some trade
or other names: 4-bromo-2,5-dimethoxy-a-methylphenethylamine; 4-bromo-2,5-DMA;
(2) 2,5-dimethoxyamphetamine: Some trade or other
names: 2,5-dimethoxy-a-methylphenethylamine; 2,5-DMA;
(3) 4-methoxyamphetamine: Some trade or other
names:
4-methoxy-a-methylphenethylamine;
paramethoxyamphetamine, PMA;
(4) 5-methoxy-3,4-methylenedioxy-amphetamine;
(5) 4-methyl-2,5-dimethoxy-amphetamine: Some trade
and other names: 4-methyl-2,5-dimethoxy-a-methylphenethylamine; "DOM"; and "STP";
(6) 3,4-methylenedioxy amphetamine;
(7) 3,4-methylenedioxymethamphetamine (MDMA);
(8) 3,4,5-trimethoxy amphetamine;
(9) Bufotenine: Some trade or other names: 3-(betaDimethylaminoethyl)-5-hydroxindole;
3-(2dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5hydroxy-N,N-dimethyltryptamine; mappine;
(10) Diethyltryptamine: Some trade or other names:
N,N-Diethyltryptamine; DET;
(11) Dimethyltryptamine: Some trade or other names:
DMT;
[Title 69 RCW—page 67]
69.50.205
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(12) Ibogaine: Some trade or other names: 7-Ethyl-6,6
beta,7,8,9,10,12,13,-octahydro-2-methoxy-6,9-methano-5Hpyndo (1’,2’ 1,2) azepino (5,4-b) indole; Tabernanthe iboga;
(13) Lysergic acid diethylamide;
(14) Marihuana or marijuana;
(15) Mescaline;
(16) Parahexyl-7374: Some trade or other names: 3Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6Hdibenzo[b,d]pyran; synhexyl;
(17) Peyote, meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire,
whether growing or not, the seeds thereof, any extract from
any part of such plant, and every compound, manufacture,
salts, derivative, mixture, or preparation of such plant, its
seeds, or extracts; (interprets 21 U.S.C. Sec. 812 (c), Schedule I (c)(12));
(18) N-ethyl-3-piperidyl benzilate;
(19) N-methyl-3-piperidyl benzilate;
(20) Psilocybin;
(21) Psilocyn;
(22) Tetrahydrocannabinols, synthetic equivalents of the
substances contained in the plant, or in the resinous extractives of Cannabis, species, and/ or synthetic substances,
derivatives, and their isomers with similar chemical structure
and pharmacological activity such as the following:
(i) Delta 1 - cis - or trans tetrahydrocannabinol, and their
optical isomers, excluding tetrahydrocannabinol in sesame
oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration;
(ii) Delta 6 - cis - or trans tetrahydrocannabinol, and their
optical isomers;
(iii) Delta 3,4 - cis - or trans tetrahydrocannabinol, and
its optical isomers;
(Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of
numerical designation of atomic positions covered.)
(23) Ethylamine analog of phencyclidine: Some trade or
other names: N-ethyl-1phenylcyclohexalymine, (1-phenylcyclohexl) ethylamine; N-(1-phenylcyclohexyl)ethylamine;
cyclohexamine; PCE;
(24) Pyrrolidine analog of phencyclidine: Some trade or
other names: 1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP;
(25) Thiophene analog of phencyclidine: Some trade or
other names: 1-(1-[2-thenyl]-cyclohexly)-pipendine; 2-thienylanalog of phencyclidine; TPCP; TCP;
(26) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine: A trade or
other name is TCPy.
(d) Depressants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture,
or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation.
(1) Mecloqualone;
(2) Methaqualone.
(e) Stimulants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture,
or preparation which contains any quantity of the following
[Title 69 RCW—page 68]
substances having a stimulant effect on the central nervous
system, including its salts, isomers, and salts of isomers:
(1) Fenethylline;
(2) (+-)cis-4-methylaminorex ((+-)cis-4,5-dihydro-4methyl-5-phenyl-2-oxazolamine);
(3) N-ethylamphetamine;
(4) N,N-dimethylamphetamine: Some trade or other
names: N,N-alpha-trimethyl-benzeneethanamine; N,Nalpha-trimethylphenoethylene.
The controlled substances in this section may be
rescheduled or deleted as provided for in RCW 69.50.201.
[1993 c 187 § 4; 1986 c 124 § 3; 1980 c 138 § 1; 1971 ex.s. c
308 § 69.50.204.]
State board of pharmacy may change schedules of controlled substances:
RCW 69.50.201.
69.50.205 Schedule II tests. (a) The state board of
pharmacy shall place a substance in Schedule II upon finding
that:
(1) the substance has high potential for abuse;
(2) the substance has currently accepted medical use in
treatment in the United States, or currently accepted medical
use with severe restrictions; and
(3) the abuse of the substance may lead to severe psychological or physical dependence.
(b) The state board of pharmacy may place a substance
in Schedule II without making the findings required by subsection (a) of this section if the substance is controlled under
Schedule II of the federal Controlled Substances Act by a
federal agency as the result of an international treaty, convention, or protocol. [1993 c 187 § 5; 1971 ex.s. c 308 §
69.50.205.]
69.50.205
69.50.206 Schedule II. (a) The drugs and other substances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are included in Schedule II.
(b) Substances. (Vegetable origin or chemical synthesis.)
Unless specifically excepted, any of the following substances, except those listed in other schedules, whether produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, nalmefene, naloxone, and
naltrexone, and their respective salts, but including the following:
(i) Raw opium;
(ii) Opium extracts;
(iii) Opium fluid;
(iv) Powdered opium;
(v) Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii) Ethylmorphine;
(ix) Etorphine hydrochloride;
(x) Hydrocodone;
(xi) Hydromorphone;
(xii) Metopon;
69.50.206
(2006 Ed.)
Uniform Controlled Substances Act
(xiii) Morphine;
(xiv) Oxycodone;
(xv) Oxymorphone; and
(xvi) Thebaine.
(2) Any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with
any of the substances referred to in subsection (b)(1) of this
section, but not including the isoquinoline alkaloids of
opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative, or
preparation of coca leaves including cocaine and ecgonine,
and their salts, isomers, derivatives, and salts of isomers and
derivatives, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with
any of these substances, but not including decocainized coca
leaves or extractions of coca leaves which do not contain
cocaine or ecgonine.
(5) Methylbenzoylecgonine (cocaine — its salts, optical
isomers, and salts of optical isomers).
(6) Concentrate of poppy straw (The crude extract of
poppy straw in either liquid, solid, or powder form which
contains the phenanthrene alkaloids of the opium poppy.)
(c) Opiates. Unless specifically excepted or unless in
another schedule, any of the following synthetic opiates,
including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific
chemical designation, dextrorphan and levopropoxyphene
excepted:
(1) Alfentanil;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Bulk dextropropoxyphene (nondosage forms);
(6) Carfentanil;
(7) Dihydrocodeine;
(8) Diphenoxylate;
(9) Fentanyl;
(10) Isomethadone;
(11) Levomethorphan;
(12) Levorphanol;
(13) Metazocine;
(14) Methadone;
(15) Methadone—Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(16) Moramide—Intermediate, 2-methyl-3-morpholino1, 1-diphenylpropane-carboxylic acid;
(17) Pethidine (meperidine);
(18) Pethidine—Intermediate-A, 4-cyano-1-methyl-4phenylpiperidine;
(19) Pethidine—Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(20) Pethidine—Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(21) Phenazocine;
(22) Piminodine;
(23) Racemethorphan;
(24) Racemorphan;
(25) Sufentanil.
(2006 Ed.)
69.50.207
(d) Stimulants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture,
or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system:
(1) Amphetamine, its salts, optical isomers, and salts of
its optical isomers;
(2) Methamphetamine, its salts, isomers, and salts of its
isomers;
(3) Phenmetrazine and its salts;
(4) Methylphenidate.
(e) Depressants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture,
or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) Amobarbital;
(2) Glutethimide;
(3) Pentobarbital;
(4) Phencyclidine;
(5) Secobarbital.
(f) Hallucinogenic substances.
(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and
Drug Administration approved drug product. (Some other
names for dronabinol [6aR-trans]-6a,7,8,10a-tetrahydro6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-i-ol, or (-)delta-9-(trans)-tetrahydrocannabinol.)
(2) Nabilone: Some trade or other names are ( ± )trans3-(1,1-dimethlheptyl)-6,6a,7,8,10,10a-hexahydro-1hydroxy-6,6-dimethyl-9H-dibenzol[b,d]pyran-9-one.
(g) Immediate precursors. Unless specifically excepted
or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the
following substances:
(1) Immediate precursor to amphetamine and methamphetamine:
(i) Phenylacetone: Some trade or other names phenyl-2propanone, P2P, benzyl methyl ketone, methyl benzyl
ketone.
(2) Immediate precursors to phencyclidine (PCP):
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile (PCC).
The controlled substances in this section may be
rescheduled or deleted as provided for in RCW 69.50.201.
[1993 c 187 § 6; 1986 c 124 § 4; 1980 c 138 § 2; 1971 ex.s. c
308 § 69.50.206.]
State board of pharmacy may change schedules of controlled substances:
RCW 69.50.201.
69.50.207 Schedule III tests. (a) The state board of
pharmacy shall place a substance in Schedule III upon finding that:
(1) the substance has a potential for abuse less than the
substances included in Schedules I and II;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) abuse of the substance may lead to moderate or low
physical dependence or high psychological dependence.
69.50.207
[Title 69 RCW—page 69]
69.50.208
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(b) The state board of pharmacy may place a substance
in Schedule III without making the findings required by subsection (a) of this section if the substance is controlled under
Schedule III of the federal Controlled Substances Act by a
federal agency as the result of an international treaty, convention, or protocol. [1993 c 187 § 7; 1971 ex.s. c 308 §
69.50.207.]
69.50.208 Schedule III. Unless specifically excepted
by state or federal law or regulation or more specifically
included in another schedule, the following controlled substances are listed in Schedule III:
(a) Any material, compound, mixture, or preparation
containing any quantity of the following substances having a
stimulant effect on the central nervous system, including their
salts, isomers, and salts of isomers whenever the existence of
those salts, isomers, and salts of isomers is possible within
the specific chemical designation:
(1) Any compound, mixture, or preparation in dosage
unit form containing any stimulant substance included in
Schedule II and which was listed as an excepted compound
on August 25, 1971, pursuant to the federal Controlled Substances Act, and any other drug of the quantitative composition shown in that list for those drugs or which is the same
except for containing a lesser quantity of controlled substances;
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
(b) Depressants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture,
or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system:
(1) Any compound, mixture, or preparation containing:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital;
or any salt thereof and one or more other active medicinal
ingredients which are not listed in any schedule;
(2) Any suppository dosage form containing:
(i) Amobarbital;
(ii) Secobarbital;
(iii) Pentobarbital;
or any salt of any of these drugs and approved by the Food
and Drug Administration for marketing only as a suppository;
(3) Any substance which contains any quantity of a
derivative of barbituric acid, or any salt of a derivative of barbituric acid;
(4) Chlorhexadol;
(5) Lysergic acid;
(6) Lysergic acid amide;
(7) Methyprylon;
(8) Sulfondiethylmethane;
(9) Sulfonethylmethane;
(10) Sulfonmethane;
(11) Tiletamine and zolazepam or any of their salts—
some trade or other names for a tiletamine-zolazepam combination product: Telazol, some trade or other names for tile69.50.208
[Title 69 RCW—page 70]
tamine: 2-(ethylamino)-2-(2-thienyl) cyclohexanone, some
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8dihydro-1,3,8-trimethylpyrazolo-[3,4-e][1,4]- diazepin7(1H)-one flupyrazapon.
(c) Nalorphine.
(d) Anabolic steroids. The term "anabolic steroid" means
any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens,
progestins, and corticosteroids) that promotes muscle
growth, and includes:
(1) Boldenone;
(2) Chlorotestosterone;
(3) Clostebol;
(4) Dehydrochlormethyltestosterone;
(5) Dihydrotestosterone;
(6) Drostanolone;
(7) Ethylestrenol;
(8) Fluoxymesterone;
(9) Formebulone;
(10) Mesterolone;
(11) Methandienone;
(12) Methandranone;
(13) Methandriol;
(14) Methandrostenolone;
(15) Methenolone;
(16) Methyltestosterone;
(17) Mibolerone;
(18) Nanrolone [nandrolone];
(19) Norethandrolone;
(20) Oxandrolone;
(21) Oxymesterone;
(22) Oxymetholone;
(23) Stanolone;
(24) Stanozolol;
(25) Testolactone;
(26) Testosterone;
(27) Trenbolone; and
(28) Any salt, ester, or isomer of a drug or substance
described or listed in this subsection, if that salt, ester, or isomer promotes muscle growth. Except such term does not
include an anabolic steroid which is expressly intended for
administration through implants to cattle or other nonhuman
species and which has been approved by the secretary of
health and human services for such administration. If any
person prescribes, dispenses, or distributes such steroid for
human use such person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within
the meaning of this subsection.
(e) Narcotic drugs. Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation containing limited quantities of any
of the following narcotic drugs, or any salts thereof calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in this subsection:
(1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an
equal or greater quantity of an isoquinoline alkaloid of
opium;
(2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one
(2006 Ed.)
Uniform Controlled Substances Act
or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(3) Not more than 300 milligrams of dihydrocodeinone
per 100 milliliters or not more than 15 milligrams per dosage
unit, with a fourfold or greater quantity of an isoquinoline
alkaloid of opium;
(4) Not more than 300 milligrams of dihydrocodeinone
per 100 milliliters or not more than 15 milligrams per dosage
unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(5) Not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(6) Not more than 300 milligrams of ethylmorphine per
100 milliliters or not more than 15 milligrams per dosage
unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts;
(8) Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
The state board of pharmacy may except by rule any
compound, mixture, or preparation containing any stimulant
or depressant substance listed in subsection (a)(1) and (2) of
this section from the application of all or any part of this
chapter if the compound, mixture, or preparation contains
one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if
the admixtures are in combinations, quantity, proportion, or
concentration that vitiate the potential for abuse of the substances having a stimulant or depressant effect on the central
nervous system.
The controlled substances listed in this section may be
rescheduled or deleted as provided for in RCW 69.50.201.
[1993 c 187 § 8; 1986 c 124 § 5; 1980 c 138 § 3; 1971 ex.s. c
308 § 69.50.208.]
State board of pharmacy may change schedules of controlled substances:
RCW 69.50.201.
69.50.209
69.50.209 Schedule IV tests. (a) The state board of
pharmacy shall place a substance in Schedule IV upon finding that:
(1) the substance has a low potential for abuse relative to
substances in Schedule III;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) abuse of the substance may lead to limited physical
dependence or psychological dependence relative to the substances included in Schedule III.
(b) The state board of pharmacy may place a substance
in Schedule IV without making the findings required by subsection (a) of this section if the substance is controlled under
Schedule IV of the federal Controlled Substances Act by a
federal agency as the result of an international treaty, convention, or protocol. [1993 c 187 § 9; 1971 ex.s. c 308 §
69.50.209.]
(2006 Ed.)
69.50.210
69.50.210 Schedule IV. Unless specifically excepted
by state or federal law or regulation or more specifically
included in another schedule, the following controlled substances are listed in Schedule IV:
(a) Any material, compound, mixture, or preparation
containing any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, in limited
quantities as set forth below:
(1) Not more than 1 milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit.
(2) Dextropropoxyphene (alpha-(+)-4-dimethylamino1,2-diphenyl-3-methyl-2-propionoxybutane).
(b) Depressants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture,
or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers
is possible within the specific chemical designation:
(1) Alprazolam;
(2) Barbital;
(3) Bromazepam;
(4) Camazepam;
(5) Chloral betaine;
(6) Chloral hydrate;
(7) Chlordiazepoxide;
(8) Clobazam;
(9) Clonazepam;
(10) Clorazepate;
(11) Clotiazepam;
(12) Cloxazolam;
(13) Delorazepam;
(14) Diazepam;
(15) Estazolam;
(16) Ethchlorvynol;
(17) Ethinamate;
(18) Ethyl loflazepate;
(19) Fludiazepam;
(20) Flunitrazepam;
(21) Flurazepam;
(22) Halazepam;
(23) Haloxazolam;
(24) Ketazolam;
(25) Loprazolam;
(26) Lorazepam;
(27) Lormetazepam;
(28) Mebutamate;
(29) Medazepam;
(30) Meprobamate;
(31) Methohexital;
(32) Methylphenobarbital (mephobarbital);
(33) Midazolam;
(34) Nimetazepam;
(35) Nitrazepam;
(36) Nordiazepam;
(37) Oxazepam;
(38) Oxazolam;
(39) Paraldehyde;
(40) Petrichloral;
(41) Phenobarbital;
(42) Pinazepam;
69.50.210
[Title 69 RCW—page 71]
69.50.211
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(43) Prazepam;
(44) Quazepam;
(45) Temazepam;
(46) Tetrazepam;
(47) Triazolam.
(c) Any material, compound, mixture, or preparation
containing any quantity of the following substance, including
its salts, isomers, and salts of such isomers, whenever the
existence of such salts, isomers, and salts of isomers is possible: Fenfluramine.
(d) Stimulants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture,
or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers:
(1) Cathine((+)norpseudoephedrine);
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenproporex;
(5) Mazindol;
(6) Mefenorex;
(7) Pemoline (including organometallic complexes and
chelates thereof);
(8) Phentermine;
(9) Pipradrol;
(10) SPA ((-)-1-dimethylamino-1, 2-dephenylethane).
(e) Other substances. Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation containing any quantity of the following substance, including its salts:
(1) Pentazocine.
The state board of pharmacy may except by rule any
compound, mixture, or preparation containing any depressant
substance listed in subsection (b) of this section from the
application of all or any part of this chapter if the compound,
mixture, or preparation contains one or more active medicinal
ingredients not having a depressant effect on the central nervous system, and if the admixtures are in combinations,
quantity, proportion, or concentration that vitiate the potential for abuse of the substances having a depressant effect on
the central nervous system.
The controlled substances listed in this section may be
rescheduled or deleted as provided for in RCW 69.50.201.
[1993 c 187 § 10; 1986 c 124 § 6; 1981 c 147 § 2; 1980 c 138
§ 4; 1971 ex.s. c 308 § 69.50.210.]
State board of pharmacy may change schedules of controlled substances:
RCW 69.50.201.
69.50.211 Schedule V tests. (a) The state board of
pharmacy shall place a substance in Schedule V upon finding
that:
(1) the substance has low potential for abuse relative to
the controlled substances included in Schedule IV;
(2) the substance has currently accepted medical use in
treatment in the United States; and
(3) abuse of the substance may lead to limited physical
dependence or psychological dependence relative to the substances included in Schedule IV.
(b) The state board of pharmacy may place a substance
in Schedule V without being required to make the findings
required by subsection (a) of this section if the substance is
69.50.211
[Title 69 RCW—page 72]
controlled under Schedule V of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol. [1993 c 187 § 11; 1971
ex.s. c 308 § 69.50.211.]
69.50.212
69.50.212 Schedule V. Unless specifically excepted by
state or federal law or regulation or more specifically
included in another schedule, the following controlled substances are listed in Schedule V:
(a) Any material, compound, mixture, or preparation
containing any of the following narcotic drug and its salts:
Buprenorphine.
(b) Any compound, mixture, or preparation containing
any of the following narcotic drugs, or their salts calculated
as the free anhydrous base or alkaloid, in limited quantities as
set forth in this subsection, which also contains one or more
nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation,
valuable medicinal qualities other than those possessed by
the narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100
milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per
100 milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per
100 milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and
not less than 25 micrograms of atropine sulfate per dosage
unit;
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(6) Not more than 0.5 milligrams of difenoxin and not
less than 25 micrograms of atropine sulfate per dosage unit.
(c) Any material, compound, mixture, or preparation
containing any quantity of the following substances having a
stimulant effect on the central nervous system, including their
salts, isomers, and salts of isomers: Pyrovalerone.
The controlled substances listed in this section may be
rescheduled or deleted as provided for in RCW 69.50.201.
[1993 c 187 § 12; 1986 c 124 § 7; 1980 c 138 § 5; 1971 ex.s.
c 308 § 69.50.212.]
State board of pharmacy may change schedules of controlled substances:
RCW 69.50.201.
69.50.213
69.50.213 Republishing of schedules. The state board
of pharmacy shall publish updated schedules annually. Failure to publish updated schedules is not a defense in any
administrative or judicial proceeding under this chapter.
[1993 c 187 § 13; 1971 ex.s. c 308 § 69.50.213.]
69.50.214
69.50.214 Controlled substance analog. A controlled
substance analog, to the extent intended for human consumption, shall be treated, for the purposes of this chapter, as a
substance included in Schedule I. Within thirty days after the
initiation of prosecution with respect to a controlled substance analog by indictment or information, the prosecuting
attorney shall notify the state board of pharmacy of information relevant to emergency scheduling as provided for in
*RCW 69.50.201(f). After final determination that the controlled substance analog should not be scheduled, no prosecu(2006 Ed.)
Uniform Controlled Substances Act
tion relating to that substance as a controlled substance analog may continue or take place. [1993 c 187 § 14.]
*Reviser’s note: RCW 69.50.201 was amended by 1998 c 245 § 108,
changing subsection (f) to subsection (e).
ARTICLE III
REGULATION OF MANUFACTURE, DISTRIBUTION,
AND DISPENSING OF CONTROLLED SUBSTANCES
69.50.301
69.50.301 Rules—Fees. The board may adopt rules and
the department may charge reasonable fees, relating to the
registration and control of the manufacture, distribution, and
dispensing of controlled substances within this state. [1993 c
187 § 15; 1991 c 229 § 9; 1989 1st ex.s. c 9 § 431; 1971 ex.s.
c 308 § 69.50.301.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.50.302
69.50.302 Registration requirements. (a) Every person who manufactures, distributes, or dispenses any controlled substance within this state or who proposes to engage
in the manufacture, distribution, or dispensing of any controlled substance within this state, shall obtain annually a registration issued by the department in accordance with the
board’s rules.
(b) A person registered by the department under this
chapter to manufacture, distribute, dispense, or conduct
research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by the registration and in conformity with this Article.
(c) The following persons need not register and may lawfully possess controlled substances under this chapter:
(1) an agent or employee of any registered manufacturer,
distributor, or dispenser of any controlled substance if the
agent or employee is acting in the usual course of business or
employment. This exemption shall not include any agent or
employee distributing sample controlled substances to
practitioners without an order;
(2) a common or contract carrier or warehouseman, or an
employee thereof, whose possession of any controlled substance is in the usual course of business or employment;
(3) an ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner
or in lawful possession of a substance included in Schedule
V.
(d) The board may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers
upon finding it consistent with the public health and safety.
Personal practitioners licensed or registered in the state of
Washington under the respective professional licensing acts
shall not be required to be registered under this chapter unless
the specific exemption is denied pursuant to RCW 69.50.305
for violation of any provisions of this chapter.
(e) A separate registration is required at each principal
place of business or professional practice where the applicant
manufactures, distributes, or dispenses controlled substances.
(f) The department may inspect the establishment of a
registrant or applicant for registration in accordance with
rules adopted by the board. [1993 c 187 § 16; 1989 1st ex.s.
c 9 § 432; 1971 ex.s. c 308 § 69.50.302.]
(2006 Ed.)
69.50.303
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.50.303
69.50.303 Registration. (a) The department shall register an applicant to manufacture or distribute controlled substances included in RCW 69.50.204, 69.50.206, 69.50.208,
69.50.210, and 69.50.212 unless the board determines that
the issuance of that registration would be inconsistent with
the public interest. In determining the public interest, the
board shall consider the following factors:
(1) maintenance of effective controls against diversion
of controlled substances into other than legitimate medical,
scientific, research, or industrial channels;
(2) compliance with applicable state and local law;
(3) promotion of technical advances in the art of manufacturing controlled substances and the development of new
substances;
(4) any convictions of the applicant under any laws of
another country or federal or state laws relating to any controlled substance;
(5) past experience in the manufacture or distribution of
controlled substances, and the existence in the applicant’s
establishment of effective controls against diversion of controlled substances into other than legitimate medical, scientific, research, or industrial channels;
(6) furnishing by the applicant of false or fraudulent
material in any application filed under this chapter;
(7) suspension or revocation of the applicant’s federal
registration to manufacture, distribute, or dispense controlled
substances as authorized by federal law; and
(8) any other factors relevant to and consistent with the
public health and safety.
(b) Registration under subsection (a) of this section does
not entitle a registrant to manufacture or distribute controlled
substances included in Schedule I or II other than those specified in the registration.
(c) Practitioners must be registered, or exempted under
RCW 69.50.302(d), to dispense any controlled substances or
to conduct research with controlled substances included in
Schedules II through V if they are authorized to dispense or
conduct research under the law of this state. The board need
not require separate registration under this Article for practitioners engaging in research with nonnarcotic substances
included in Schedules II through V where the registrant is
already registered under this Article in another capacity.
Practitioners registered under federal law to conduct research
with substances included in Schedule I may conduct research
with substances included in Schedule I within this state upon
furnishing the board evidence of that federal registration.
(d) A manufacturer or distributor registered under the
federal Controlled Substances Act, 21 U.S.C. Sec. 801 et
seq., may submit a copy of the federal application as an application for registration as a manufacturer or distributor under
this section. The board may require a manufacturer or distributor to submit information in addition to the application for
registration under the federal act. [1993 c 187 § 17; 1989 1st
ex.s. c 9 § 433; 1971 ex.s. c 308 § 69.50.303.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
[Title 69 RCW—page 73]
69.50.304
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.50.304
69.50.304 Revocation and suspension of registration—Seizure or placement under seal of controlled substances. (a) A registration, or exemption from registration,
under RCW 69.50.303 to manufacture, distribute, or dispense
a controlled substance may be suspended or revoked by the
state board of pharmacy upon finding that the registrant has:
(1) furnished false or fraudulent material information in
any application filed under this chapter;
(2) been convicted of a felony under any state or federal
law relating to any controlled substance;
(3) had the registrant’s federal registration suspended or
revoked and is no longer authorized by federal law to manufacture, distribute, or dispense controlled substances; or
(4) committed acts that would render registration under
RCW 69.50.303 inconsistent with the public interest as determined under that section.
(b) The board may limit revocation or suspension of a
registration to the particular controlled substance or schedule
of controlled substances, with respect to which grounds for
revocation or suspension exist.
(c) If the board suspends or revokes a registration, all
controlled substances owned or possessed by the registrant at
the time of suspension or the effective date of the revocation
order may be placed under seal. No disposition may be made
of substances under seal until the time for taking an appeal
has elapsed or until all appeals have been concluded unless a
court, upon application, orders the sale of perishable substances and the deposit of the proceeds of the sale with the
court. Upon a revocation order becoming final, all controlled
substances may be forfeited to the state.
(d) The department may seize or place under seal any
controlled substance owned or possessed by a registrant
whose registration has expired or who has ceased to practice
or do business in the manner contemplated by the registration. The controlled substance must be held for the benefit of
the registrant or the registrant’s successor in interest. The
department shall notify a registrant, or the registrant’s successor in interest, who has any controlled substance seized or
placed under seal, of the procedures to be followed to secure
the return of the controlled substance and the conditions
under which it will be returned. The department may not dispose of any controlled substance seized or placed under seal
under this subsection until the expiration of one hundred
eighty days after the controlled substance was seized or
placed under seal. The costs incurred by the department in
seizing, placing under seal, maintaining custody, and disposing of any controlled substance under this subsection may be
recovered from the registrant, any proceeds obtained from the
disposition of the controlled substance, or from both. Any
balance remaining after the costs have been recovered from
the proceeds of any disposition must be delivered to the registrant or the registrant’s successor in interest.
(e) The department shall promptly notify the drug
enforcement administration of all orders restricting, suspending, or revoking registration and all forfeitures of controlled
substances. [1993 c 187 § 18; 1989 1st ex.s. c 9 § 434; 1986
c 124 § 8; 1971 ex.s. c 308 § 69.50.304.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
[Title 69 RCW—page 74]
69.50.305 Procedure for denial, suspension, or revocation of registration. (a) Any registration, or exemption
from registration, issued pursuant to the provisions of this
chapter shall not be denied, suspended, or revoked unless the
board denies, suspends, or revokes such registration, or
exemption from registration, by proceedings consistent with
the administrative procedure act, chapter 34.05 RCW.
(b) The board may suspend any registration simultaneously with the institution of proceedings under RCW
69.50.304, or where renewal of registration is refused, if it
finds that there is an imminent danger to the public health or
safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the
board or dissolved by a court of competent jurisdiction.
[1971 ex.s. c 308 § 69.50.305.]
69.50.305
69.50.306 Records of registrants. Persons registered,
or exempted from registration under RCW 69.50.302(d), to
manufacture, distribute, dispense, or administer controlled
substances under this chapter shall keep records and maintain
inventories in conformance with the record-keeping and
inventory requirements of federal law and with any additional rules the state board of pharmacy issues. [1971 ex.s. c
308 § 69.50.306.]
69.50.306
69.50.308 Prescriptions. (a) A controlled substance
may be dispensed only as provided in this section.
(b) Except when dispensed directly by a practitioner
authorized to prescribe or administer a controlled substance,
other than a pharmacy, to an ultimate user, a substance
included in Schedule II may not be dispensed without the
written prescription of a practitioner.
(1) Schedule II narcotic substances may be dispensed by
a pharmacy pursuant to a facsimile prescription under the following circumstances:
(i) The facsimile prescription is transmitted by a practitioner to the pharmacy; and
(ii) The facsimile prescription is for a patient in a longterm care facility. "Long-term care facility" means nursing
homes licensed under chapter 18.51 RCW, boarding homes
licensed under chapter 18.20 RCW, and adult family homes
licensed under chapter 70.128 RCW; or
(iii) The facsimile prescription is for a patient of a hospice program certified or paid for by medicare under Title
XVIII; or
(iv) The facsimile prescription is for a patient of a hospice program licensed by the state; and
(v) The practitioner or the practitioner’s agent notes on
the facsimile prescription that the patient is a long-term care
or hospice patient.
(2) Injectable Schedule II narcotic substances that are to
be compounded for patient use may be dispensed by a pharmacy pursuant to a facsimile prescription if the facsimile prescription is transmitted by a practitioner to the pharmacy.
(3) Under (1) and (2) of this subsection the facsimile prescription shall serve as the original prescription and shall be
maintained as other Schedule II narcotic substances prescriptions.
(c) In emergency situations, as defined by rule of the
state board of pharmacy, a substance included in Schedule II
69.50.308
(2006 Ed.)
Uniform Controlled Substances Act
may be dispensed upon oral prescription of a practitioner,
reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of RCW 69.50.306. A prescription for a substance
included in Schedule II may not be refilled.
(d) Except when dispensed directly by a practitioner
authorized to prescribe or administer a controlled substance,
other than a pharmacy, to an ultimate user, a substance
included in Schedule III or IV, which is a prescription drug as
determined under RCW 69.04.560, may not be dispensed
without a written or oral prescription of a practitioner. Any
oral prescription must be promptly reduced to writing. The
prescription shall not be filled or refilled more than six
months after the date thereof or be refilled more than five
times, unless renewed by the practitioner.
(e) A valid prescription or lawful order of a practitioner,
in order to be effective in legalizing the possession of controlled substances, must be issued in good faith for a legitimate medical purpose by one authorized to prescribe the use
of such controlled substance. An order purporting to be a prescription not in the course of professional treatment is not a
valid prescription or lawful order of a practitioner within the
meaning and intent of this chapter; and the person who knows
or should know that the person is filling such an order, as well
as the person issuing it, can be charged with a violation of this
chapter.
(f) A substance included in Schedule V must be distributed or dispensed only for a medical purpose.
(g) A practitioner may dispense or deliver a controlled
substance to or for an individual or animal only for medical
treatment or authorized research in the ordinary course of that
practitioner’s profession. Medical treatment includes dispensing or administering a narcotic drug for pain, including
intractable pain.
(h) No administrative sanction, or civil or criminal liability, authorized or created by this chapter may be imposed on
a pharmacist for action taken in reliance on a reasonable
belief that an order purporting to be a prescription was issued
by a practitioner in the usual course of professional treatment
or in authorized research.
(i) An individual practitioner may not dispense a substance included in Schedule II, III, or IV for that individual
practitioner’s personal use. [2001 c 248 § 1; 1993 c 187 § 19;
1971 ex.s. c 308 § 69.50.308.]
69.50.309
69.50.309 Containers. A person to whom or for whose
use any controlled substance has been prescribed, sold, or
dispensed by a practitioner, and the owner of any animal for
which such controlled substance has been prescribed, sold, or
dispensed may lawfully possess it only in the container in
which it was delivered to him by the person selling or dispensing the same. [1971 ex.s. c 308 § 69.50.309.]
69.50.310
69.50.310 Sodium pentobarbital—Registration of
humane societies and animal control agencies for use in
animal control. On and after September 21, 1977, a humane
society and animal control agency may apply to the department for registration pursuant to the applicable provisions of
this chapter for the sole purpose of being authorized to purchase, possess, and administer sodium pentobarbital to euth(2006 Ed.)
69.50.312
anize injured, sick, homeless, or unwanted domestic pets and
animals. Any agency so registered shall not permit a person
to administer sodium pentobarbital unless such person has
demonstrated adequate knowledge of the potential hazards
and proper techniques to be used in administering this drug.
The department may issue a limited registration to carry
out the provisions of this section. The board shall promulgate
such rules as it deems necessary to insure strict compliance
with the provisions of this section. The board may suspend or
revoke registration upon determination that the person
administering sodium pentobarbital has not demonstrated
adequate knowledge as herein provided. This authority is
granted in addition to any other power to suspend or revoke
registration as provided by law. [1989 1st ex.s. c 9 § 435;
1977 ex.s. c 197 § 1.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.50.311
69.50.311 Triplicate prescription form program—
Compliance by health care practitioners. Any licensed
health care practitioner with prescription or dispensing
authority shall, as a condition of licensure and as directed by
the practitioner’s disciplinary board, consent to the requirement, if imposed, of complying with a triplicate prescription
form program as may be established by rule by the department of health. [1989 1st ex.s. c 9 § 436; 1984 c 153 § 20.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.50.312
69.50.312 Electronic communication of prescription
information—Board may adopt rules. (1) Information
concerning an original prescription or information concerning a prescription refill for a controlled substance may be
electronically communicated to a pharmacy of the patient’s
choice pursuant to the provisions of this chapter if the electronically communicated prescription information complies
with the following:
(a) Electronically communicated prescription information must comply with all applicable statutes and rules
regarding the form, content, recordkeeping, and processing
of a prescription for a legend drug;
(b) The system used for transmitting electronically communicated prescription information and the system used for
receiving electronically communicated prescription information must be approved by the board. This subsection does not
apply to currently used facsimile equipment transmitting an
exact visual image of the prescription. The board shall maintain and provide, upon request, a list of systems used for electronically communicating prescription information currently
approved by the board;
(c) An explicit opportunity for practitioners must be
made to indicate their preference on whether a therapeutically equivalent generic drug may be substituted;
(d) Prescription drug orders are confidential health information, and may be released only to the patient or the
patient’s authorized representative, the prescriber or other
authorized practitioner then caring for the patient, or other
persons specifically authorized by law to receive such information;
(e) To maintain confidentiality of prescription records,
the electronic system shall have adequate security and sys[Title 69 RCW—page 75]
69.50.320
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
tems safeguards designed to prevent and detect unauthorized
access, modification, or manipulation of these records. The
pharmacist in charge shall establish or verify the existence of
policies and procedures which ensure the integrity and confidentiality of prescription information transmitted to the pharmacy by electronic means. All managers, employees, and
agents of the pharmacy are required to read, sign, and comply
with the established policies and procedures; and
(f) The pharmacist shall exercise professional judgment
regarding the accuracy, validity, and authenticity of the prescription drug order received by way of electronic transmission, consistent with federal and state laws and rules and
guidelines of the board.
(2) The board may adopt rules implementing this section. [1998 c 222 § 4.]
69.50.320
69.50.320 Registration of department of fish and
wildlife for use in chemical capture programs—Rules.
The department of fish and wildlife may apply to the department of health for registration pursuant to the applicable provisions of this chapter to purchase, possess, and administer
controlled substances for use in chemical capture programs.
The department of fish and wildlife must not permit a person
to administer controlled substances unless the person has
demonstrated adequate knowledge of the potential hazards
and proper techniques to be used in administering controlled
substances.
The department of health may issue a limited registration
to carry out the provisions of this section. The board may
adopt rules to ensure strict compliance with the provisions of
this section. The board, in consultation with the department
of fish and wildlife, must by rule add or remove additional
controlled substances for use in chemical capture programs.
The board shall suspend or revoke registration upon determination that the person administering controlled substances
has not demonstrated adequate knowledge as required by this
section. This authority is granted in addition to any other
power to suspend or revoke registration as provided by law.
[2003 c 175 § 2.]
Findings—2003 c 175: "The legislature finds that the department of
fish and wildlife is responsible for the proper management of the state’s
diverse wildlife resources. Wildlife management often requires the department of fish and wildlife to immobilize individual animals in order for the
animals to be moved, treated, examined, or for other legitimate purposes.
The legislature finds that it is often necessary for the department to use certain controlled substances to accomplish these purposes. Therefore, the legislature finds that the department of fish and wildlife, in coordination with
the board of pharmacy, must be enabled to use approved controlled substances in order to accomplish its legitimate wildlife management goals."
[2003 c 175 § 1.]
ARTICLE IV
OFFENSES AND PENALTIES
69.50.401
69.50.401 Prohibited acts: A—Penalties. (1) Except
as authorized by this chapter, it is unlawful for any person to
manufacture, deliver, or possess with intent to manufacture
or deliver, a controlled substance.
(2) Any person who violates this section with respect to:
(a) A controlled substance classified in Schedule I or II
which is a narcotic drug or flunitrazepam, including its salts,
isomers, and salts of isomers, classified in Schedule IV, is
[Title 69 RCW—page 76]
guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, or (i) fined not more than
twenty-five thousand dollars if the crime involved less than
two kilograms of the drug, or both such imprisonment and
fine; or (ii) if the crime involved two or more kilograms of the
drug, then fined not more than one hundred thousand dollars
for the first two kilograms and not more than fifty dollars for
each gram in excess of two kilograms, or both such imprisonment and fine;
(b) Amphetamine, including its salts, isomers, and salts
of isomers, or methamphetamine, including its salts, isomers,
and salts of isomers, is guilty of a class B felony and upon
conviction may be imprisoned for not more than ten years, or
(i) fined not more than twenty-five thousand dollars if the
crime involved less than two kilograms of the drug, or both
such imprisonment and fine; or (ii) if the crime involved two
or more kilograms of the drug, then fined not more than one
hundred thousand dollars for the first two kilograms and not
more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine. Three thousand
dollars of the fine may not be suspended. As collected, the
first three thousand dollars of the fine must be deposited with
the law enforcement agency having responsibility for cleanup
of laboratories, sites, or substances used in the manufacture
of the methamphetamine, including its salts, isomers, and
salts of isomers. The fine moneys deposited with that law
enforcement agency must be used for such clean-up cost;
(c) Any other controlled substance classified in Schedule
I, II, or III, is guilty of a class C felony punishable according
to chapter 9A.20 RCW;
(d) A substance classified in Schedule IV, except flunitrazepam, including its salts, isomers, and salts of isomers, is
guilty of a class C felony punishable according to chapter
9A.20 RCW; or
(e) A substance classified in Schedule V, is guilty of a
class C felony punishable according to chapter 9A.20 RCW.
[2005 c 218 § 1; 2003 c 53 § 331. Prior: 1998 c 290 § 1; 1998
c 82 § 2; 1997 c 71 § 2; 1996 c 205 § 2; 1989 c 271 § 104;
1987 c 458 § 4; 1979 c 67 § 1; 1973 2nd ex.s. c 2 § 1; 1971
ex.s. c 308 § 69.50.401.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application—1998 c 290: "This act applies to crimes committed on or
after July 1, 1998." [1998 c 290 § 9.]
Effective date—1998 c 290: "This act takes effect July 1, 1998." [1998
c 290 § 10.]
Severability—1998 c 290: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 290 § 11.]
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
Severability—1987 c 458: See note following RCW 48.21.160.
Serious drug offenders, notice of release or escape: RCW 9.94A.610.
69.50.4011
69.50.4011 Counterfeit substances—Penalties. (1)
Except as authorized by this chapter, it is unlawful for any
person to create, deliver, or possess a counterfeit substance.
(2) Any person who violates this section with respect to:
(2006 Ed.)
Uniform Controlled Substances Act
(a) A counterfeit substance classified in Schedule I or II
which is a narcotic drug, or flunitrazepam classified in
Schedule IV, is guilty of a class B felony and upon conviction
may be imprisoned for not more than ten years, fined not
more than twenty-five thousand dollars, or both;
(b) A counterfeit substance which is methamphetamine,
is guilty of a class B felony and upon conviction may be
imprisoned for not more than ten years, fined not more than
twenty-five thousand dollars, or both;
(c) Any other counterfeit substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW;
(d) A counterfeit substance classified in Schedule IV,
except flunitrazepam, is guilty of a class C felony punishable
according to chapter 9A.20 RCW;
(e) A counterfeit substance classified in Schedule V, is
guilty of a class C felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 332.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.4012
69.50.4012 Delivery of substance in lieu of controlled
substance—Penalty. (1) It is unlawful, except as authorized
in this chapter and chapter 69.41 RCW, for any person to
offer, arrange, or negotiate for the sale, gift, delivery, dispensing, distribution, or administration of a controlled substance to any person and then sell, give, deliver, dispense,
distribute, or administer to that person any other liquid, substance, or material in lieu of such controlled substance.
(2) Any person who violates this section is guilty of a
class C felony punishable according to chapter 9A.20 RCW.
[2003 c 53 § 333.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.4013
69.50.4013 Possession of controlled substance—Penalty. (1) It is unlawful for any person to possess a controlled
substance unless the substance was obtained directly from, or
pursuant to, a valid prescription or order of a practitioner
while acting in the course of his or her professional practice,
or except as otherwise authorized by this chapter.
(2) Except as provided in RCW 69.50.4014, any person
who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW. [2003 c 53 § 334.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.4014 Possession of forty grams or less of marihuana—Penalty. Except as provided in RCW
69.50.401(2)(c), any person found guilty of possession of
forty grams or less of marihuana is guilty of a misdemeanor.
[2003 c 53 § 335.]
69.50.4014
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.4015
69.50.4015 Involving a person under eighteen in
unlawful controlled substance transaction—Penalty. (1)
It is unlawful to compensate, threaten, solicit, or in any other
manner involve a person under the age of eighteen years in a
transaction unlawfully to manufacture, sell, or deliver a controlled substance.
(2006 Ed.)
69.50.402
(2) A violation of this section is a class C felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 336.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.4016
69.50.4016 Provisions not applicable to offenses
under RCW 69 .5 0.410 . RCW 69.50 .4 01 th rou gh
69.50.4015 shall not apply to offenses defined and punishable under the provisions of RCW 69.50.410. [2003 c 53 §
337.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.402
69.50.402 Prohibited acts: B—Penalties. (1) It is
unlawful for any person:
(a) Who is subject to Article III to distribute or dispense
a controlled substance in violation of RCW 69.50.308;
(b) Who is a registrant, to manufacture a controlled substance not authorized by his or her registration, or to distribute or dispense a controlled substance not authorized by his
or her registration to another registrant or other authorized
person;
(c) Who is a practitioner, to prescribe, order, dispense,
administer, supply, or give to any person:
(i) Any amphetamine, including its salts, optical isomers,
and salts of optical isomers classified as a schedule II controlled substance by the board of pharmacy pursuant to chapter 34.05 RCW; or
(ii) Any nonnarcotic stimulant classified as a schedule II
controlled substance and designated as a nonnarcotic stimulant by the board of pharmacy pursuant to chapter 34.05
RCW;
except for the treatment of narcolepsy or for the treatment of
hyperkinesis, or for the treatment of drug-induced brain dysfunction, or for the treatment of epilepsy, or for the differential diagnostic psychiatric evaluation of depression, or for the
treatment of depression shown to be refractory to other therapeutic modalities, or for the clinical investigation of the
effects of such drugs or compounds, in which case an investigative protocol therefor shall have been submitted to and
reviewed and approved by the state board of pharmacy before
the investigation has been begun: PROVIDED, That the
board of pharmacy, in consultation with the medical quality
assurance commission and the osteopathic disciplinary
board, may establish by rule, pursuant to chapter 34.05 RCW,
disease states or conditions in addition to those listed in this
subsection for the treatment of which Schedule II nonnarcotic
stimulants may be prescribed, ordered, dispensed, administered, supplied, or given to patients by practitioners: AND
PROVIDED, FURTHER, That investigations by the board of
pharmacy of abuse of prescriptive authority by physicians,
licensed pursuant to chapter 18.71 RCW, pursuant to subsection (1)(c) of this section shall be done in consultation with
the medical quality assurance commission;
(d) To refuse or fail to make, keep or furnish any record,
notification, order form, statement, invoice, or information
required under this chapter;
(e) To refuse an entry into any premises for any inspection authorized by this chapter; or
(f) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other
[Title 69 RCW—page 77]
69.50.403
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose
of using these substances, or which is used for keeping or
selling them in violation of this chapter.
(2) Any person who violates this section is guilty of a
class C felony and upon conviction may be imprisoned for
not more than two years, fined not more than two thousand
dollars, or both. [2003 c 53 § 338; 1994 sp.s. c 9 § 740; 1980
c 138 § 6; 1979 ex.s. c 119 § 1; 1971 ex.s. c 308 § 69.50.402.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
69.50.403
69.50.403 Prohibited acts: C—Penalties. (1) It is
unlawful for any person knowingly or intentionally:
(a) To distribute as a registrant a controlled substance
classified in Schedules I or II, except pursuant to an order
form as required by *RCW 69.50.307;
(b) To use in the course of the manufacture, distribution,
or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, or
issued to another person;
(c) To obtain or attempt to obtain a controlled substance,
or procure or attempt to procure the administration of a controlled substance, (i) by fraud, deceit, misrepresentation, or
subterfuge; or (ii) by forgery or alteration of a prescription or
any written order; or (iii) by the concealment of material fact;
or (iv) by the use of a false name or the giving of a false
address;
(d) To falsely assume the title of, or represent herself or
himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, or other authorized person for the
purpose of obtaining a controlled substance;
(e) To make or utter any false or forged prescription or
false or forged written order;
(f) To affix any false or forged label to a package or
receptacle containing controlled substances;
(g) To furnish false or fraudulent material information
in, or omit any material information from, any application,
report, or other document required to be kept or filed under
this chapter, or any record required to be kept by this chapter;
(h) To possess a false or fraudulent prescription with
intent to obtain a controlled substance; or
(i) To attempt to illegally obtain controlled substances by
providing more than one name to a practitioner when obtaining a prescription for a controlled substance. If a person’s
name is legally changed during the time period that he or she
is receiving health care from a practitioner, the person shall
inform all providers of care so that the medical and pharmacy
records for the person may be filed under a single name identifier.
(2) Information communicated to a practitioner in an
effort unlawfully to procure a controlled substance or unlawfully to procure the administration of such substance, shall
not be deemed a privileged communication.
(3) A person who violates this section is guilty of a class
C felony and upon conviction may be imprisoned for not
more than two years, or fined not more than two thousand
[Title 69 RCW—page 78]
dollars, or both. [2003 c 53 § 339; 1996 c 255 § 1; 1993 c 187
§ 21; 1971 ex.s. c 308 § 69.50.403.]
*Reviser’s note: RCW 69.50.307 was repealed by 2001 c 248 § 2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.404
69.50.404 Penalties under other laws. Any penalty
imposed for violation of this chapter is in addition to, and not
in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. [1971 ex.s. c 308 § 69.50.404.]
69.50.405
69.50.405 Bar to prosecution. If a violation of this
chapter is a violation of a federal law or the law of another
state, a conviction or acquittal under federal law or the law of
another state for the same act is a bar to prosecution in this
state. [1971 ex.s. c 308 § 69.50.405.]
69.50.406
69.50.406 Distribution to persons under age eighteen.
(1) Any person eighteen years of age or over who violates
RCW 69.50.401 by distributing a controlled substance listed
in Schedules I or II which is a narcotic drug or methamphetamine, including its salts, isomers, and salts of isomers, or
flunitrazepam, including its salts, isomers, and salts of isomers, listed in Schedule IV, to a person under eighteen years
of age is guilty of a class A felony punishable by the fine
authorized by RCW 69.50.401(2) (a) or (b), by a term of
imprisonment of up to twice that authorized by RCW
69.50.401(2) (a) or (b), or by both.
(2) Any person eighteen years of age or over who violates RCW 69.50.401 by distributing any other controlled
substance listed in Schedules I, II, III, IV, and V to a person
under eighteen years of age who is at least three years his or
her junior is guilty of a class B felony punishable by the fine
authorized by RCW 69.50.401(2) (c), (d), or (e), by a term of
imprisonment up to twice that authorized by RCW
69.50.401(2) (c), (d), or (e), or both. [2005 c 218 § 2; 2003 c
53 § 340; 1998 c 290 § 2; 1996 c 205 § 7; 1987 c 458 § 5;
1971 ex.s. c 308 § 69.50.406.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application—Effective date—Severability—1998 c 290: See notes
following RCW 69.50.401.
Severability—1987 c 458: See note following RCW 48.21.160.
69.50.407
69.50.407 Conspiracy. Any person who attempts or
conspires to commit any offense defined in this chapter is
punishable by imprisonment or fine or both which may not
exceed the maximum punishment prescribed for the offense,
the commission of which was the object of the attempt or
conspiracy. [1971 ex.s. c 308 § 69.50.407.]
69.50.408
69.50.408 Second or subsequent offenses. (1) Any
person convicted of a second or subsequent offense under
this chapter may be imprisoned for a term up to twice the
term otherwise authorized, fined an amount up to twice that
otherwise authorized, or both.
(2) For purposes of this section, an offense is considered
a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United
(2006 Ed.)
Uniform Controlled Substances Act
States or of any state relating to narcotic drugs, marihuana,
depressant, stimulant, or hallucinogenic drugs.
(3) This section does not apply to offenses under RCW
69.50.4013. [2003 c 53 § 341; 1989 c 8 § 3; 1971 ex.s. c 308
§ 69.50.408.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.410
69.50.410 Prohibited acts: D—Penalties. (1) Except
as authorized by this chapter it is a class C felony for any person to sell for profit any controlled substance or counterfeit
substance classified in Schedule I, RCW 69.50.204, except
leaves and flowering tops of marihuana.
For the purposes of this section only, the following
words and phrases shall have the following meanings:
(a) "To sell" means the passing of title and possession of
a controlled substance from the seller to the buyer for a price
whether or not the price is paid immediately or at a future
date.
(b) "For profit" means the obtaining of anything of value
in exchange for a controlled substance.
(c) "Price" means anything of value.
(2)(a) Any person convicted of a violation of subsection
(1) of this section shall receive a sentence of not more than
five years in a correctional facility of the department of social
and health services for the first offense.
(b) Any person convicted on a second or subsequent
cause, the sale having transpired after prosecution and conviction on the first cause, of subsection (1) of this section
shall receive a mandatory sentence of five years in a correctional facility of the department of social and health services
and no judge of any court shall suspend or defer the sentence
imposed for the second or subsequent violation of subsection
(1) of this section.
(3)(a) Any person convicted of a violation of subsection
(1) of this section by selling heroin shall receive a mandatory
sentence of two years in a correctional facility of the department of social and health services and no judge of any court
shall suspend or defer the sentence imposed for such violation.
(b) Any person convicted on a second or subsequent sale
of heroin, the sale having transpired after prosecution and
conviction on the first cause of the sale of heroin shall receive
a mandatory sentence of ten years in a correctional facility of
the department of social and health services and no judge of
any court shall suspend or defer the sentence imposed for this
second or subsequent violation: PROVIDED, That the indeterminate sentence review board under RCW 9.95.040 shall
not reduce the minimum term imposed for a violation under
this subsection.
(4) Whether or not a mandatory minimum term has
expired, an offender serving a sentence under this section
may be granted an extraordinary medical placement when
authorized under RCW 9.94A.728(4).
(5) In addition to the sentences provided in subsection
(2) of this section, any person convicted of a violation of subsection (1) of this section shall be fined in an amount calculated to at least eliminate any and all proceeds or profits
directly or indirectly gained by such person as a result of
sales of controlled substances in violation of the laws of this
(2006 Ed.)
69.50.4121
or other states, or the United States, up to the amount of five
hundred thousand dollars on each count.
(6) Any person, addicted to the use of controlled substances, who voluntarily applies to the department of social
and health services for the purpose of participating in a rehabilitation program approved by the department for addicts of
controlled substances shall be immune from prosecution for
subsection (1) offenses unless a filing of an information or
indictment against such person for a violation of subsection
(1) of this section is made prior to his or her voluntary participation in the program of the department of social and health
services. All applications for immunity under this section
shall be sent to the department of social and health services in
Olympia. It shall be the duty of the department to stamp each
application received pursuant to this section with the date and
time of receipt.
(7) This section shall not apply to offenses defined and
punishable under the provisions of RCW 69.50.401 through
69.50.4015. [2003 c 53 § 342; 1999 c 324 § 6; 1975-’76 2nd
ex.s. c 103 § 1; 1973 2nd ex.s. c 2 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.412 Prohibited acts: E—Penalties. (1) It is
unlawful for any person to use drug paraphernalia to plant,
propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
Any person who violates this subsection is guilty of a misdemeanor.
(2) It is unlawful for any person to deliver, possess with
intent to deliver, or manufacture with intent to deliver drug
paraphernalia, knowing, or under circumstances where one
reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack,
store, contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance. Any
person who violates this subsection is guilty of a misdemeanor.
(3) Any person eighteen years of age or over who violates subsection (2) of this section by delivering drug paraphernalia to a person under eighteen years of age who is at
least three years his junior is guilty of a gross misdemeanor.
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in
whole or in part, is to promote the sale of objects designed or
intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor.
(5) It is lawful for any person over the age of eighteen to
possess sterile hypodermic syringes and needles for the purpose of reducing bloodborne diseases. [2002 c 213 § 1; 1981
c 48 § 2.]
69.50.412
Severability—1981 c 48: See note following RCW 69.50.102.
69.50.4121 Drug paraphernalia—Selling or giving—
Penalty. (1) Every person who sells or gives, or permits to be
sold or given to any person any drug paraphernalia in any
69.50.4121
[Title 69 RCW—page 79]
69.50.413
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
form commits a class I civil infraction under chapter 7.80
RCW. For purposes of this subsection, "drug paraphernalia"
means all equipment, products, and materials of any kind
which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance. Drug paraphernalia includes, but is not limited to
objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine,
hashish, or hashish oil into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or
ceramic pipes with or without screens, permanent screens,
hashish heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips: Meaning objects used to hold burning
material, such as a marihuana cigarette, that has become too
small or too short to be held in the hand;
(f) Miniature cocaine spoons and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chillums;
(l) Bongs; and
(m) Ice pipes or chillers.
(2) It shall be no defense to a prosecution for a violation
of this section that the person acted, or was believed by the
defendant to act, as agent or representative of another.
(3) Nothing in subsection (1) of this section prohibits
legal distribution of injection syringe equipment through
public health and community based HIV prevention programs, and pharmacies. [2002 c 213 § 2; 1998 c 317 § 1.]
substance to a minor pursuant to a valid prescription or order.
[1986 c 124 § 10.]
*Reviser’s note: The reference to RCW 69.50.101(t) is erroneous.
"Practitioner" is defined in (w) of that section.
69.50.415
69.50.415 Controlled substances homicide—Penalty.
(1) A person who unlawfully delivers a controlled substance
in violation of RCW 69.50.401(2) (a), (b), or (c) which controlled substance is subsequently used by the person to whom
it was delivered, resulting in the death of the user, is guilty of
controlled substances homicide.
(2) Controlled substances homicide is a class B felony
punishable according to chapter 9A.20 RCW. [2003 c 53 §
343; 1996 c 205 § 8; 1987 c 458 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1987 c 458: See note following RCW 48.21.160.
69.50.416 Counterfeit substances prohibited—Penalties. (1) It is unlawful for any person knowingly or intentionally to manufacture, deliver, or possess with intent to
manufacture or deliver, a controlled substance which, or the
container or labeling of which, without authorization, bears
the trademark, trade name, or other identifying mark, imprint,
number, or device, or any likeness thereof, of a manufacturer,
distributor, or dispenser, other than the person who in fact
manufactured, distributed, or dispensed the substance.
(2) It is unlawful for any person knowingly or intentionally to make, distribute, or possess a punch, die, plate, stone,
or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or
device of another or any likeness of any of the foregoing
upon any drug or container or labeling thereof.
(3) A person who violates this section is guilty of a class
C felony and upon conviction may be imprisoned for not
more than two years, fined not more than two thousand dollars, or both. [2003 c 53 § 344; 1993 c 187 § 22.]
69.50.416
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.50.413
69.50.413 Health care practitioners—Suspension of
license for violation of chapter. The license of any licensed
health care practitioner shall be suspended for any violation
of this chapter. The suspension shall run concurrently with,
and not less than, the term of the sentence for the violation.
[1984 c 153 § 21.]
69.50.414
69.50.414 Sale or transfer of controlled substance to
minor—Cause of action by parent—Damages. The parent
or legal guardian of any minor to whom a controlled substance, as defined in RCW 69.50.101, is sold or transferred,
shall have a cause of action against the person who sold or
transferred the controlled substance for all damages to the
minor or his or her parent or legal guardian caused by such
sale or transfer. Damages shall include: (a) Actual damages,
including the cost for treatment or rehabilitation of the minor
child’s drug dependency, (b) forfeiture to the parent or legal
guardian of the cash value of any proceeds received from
such sale or transfer of a controlled substance, and (c) reasonable attorney fees.
This section shall not apply to a practitioner, as defined
in *RCW 69.50.101(t), who sells or transfers a controlled
[Title 69 RCW—page 80]
69.50.420
69.50.420 Violations—Juvenile driving privileges.
(1) If a juvenile thirteen years of age or older and under the
age of twenty-one is found by a court to have committed any
offense that is a violation of this chapter, the court shall notify
the department of licensing within twenty-four hours after
entry of the judgment.
(2) Except as otherwise provided in subsection (3) of this
section, upon petition of a juvenile whose privilege to drive
has been revoked pursuant to RCW 46.20.265, the court may
at any time the court deems appropriate notify the department
of licensing to reinstate the juvenile’s privilege to drive.
(3) If the conviction is for the juvenile’s first violation of
this chapter or chapter 66.44, 69.41, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile’s privilege to drive revoked pursuant to RCW 46.20.265
until the later of ninety days after the date the juvenile turns
sixteen or ninety days after the judgment was entered. If the
conviction was for the juvenile’s second or subsequent violation of this chapter or chapter 66.44, 69.41, or 69.52 RCW,
the juvenile may not petition the court for reinstatement of
the juvenile’s privilege to drive revoked pursuant to RCW
(2006 Ed.)
Uniform Controlled Substances Act
46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered. [1989 c
271 § 120; 1988 c 148 § 5.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
69.50.425 Misdemeanor violations—Minimum penalties. A person who is convicted of a misdemeanor violation of any provision of this chapter shall be punished by
imprisonment for not less than twenty-four consecutive
hours, and by a fine of not less than two hundred fifty dollars.
On a second or subsequent conviction, the fine shall not be
less than five hundred dollars. These fines shall be in addition
to any other fine or penalty imposed. Unless the court finds
that the imposition of the minimum imprisonment will pose a
substantial risk to the defendant’s physical or mental wellbeing or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of
forty hours of community restitution. If a minimum term of
imprisonment is suspended or deferred, the court shall state
in writing the reason for granting the suspension or deferral
and the facts upon which the suspension or deferral is based.
Unless the court finds the person to be indigent, the minimum
fine shall not be suspended or deferred. [2002 c 175 § 44;
1989 c 271 § 105.]
69.50.425
Effective date—2002 c 175: See note following RCW 7.80.130.
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
69.50.430 Additional fine for certain felony violations. (1) Every person convicted of a felony violation of
RCW 69.50.401 through 69.50.4013, 69.50.4015, 69.50.402,
69.50.403, 69.50.406, 69.50.407, 69.50.410, or 69.50.415
shall be fined one thousand dollars in addition to any other
fine or penalty imposed. Unless the court finds the person to
be indigent, this additional fine shall not be suspended or
deferred by the court.
(2) On a second or subsequent conviction for violation of
any of the laws listed in subsection (1) of this section, the person shall be fined two thousand dollars in addition to any
other fine or penalty imposed. Unless the court finds the person to be indigent, this additional fine shall not be suspended
or deferred by the court. [2003 c 53 § 345; 1989 c 271 § 106.]
69.50.430
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application—1989 c 271 §§ 101-111: See note following RCW
9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
69.50.435 Violations committed in or on certain public places or facilities—Additional penalty—Defenses—
Construction—Definitions. (1) Any person who violates
RCW 69.50.401 by manufacturing, selling, delivering, or
possessing with the intent to manufacture, sell, or deliver a
controlled substance listed under RCW 69.50.401 or who
violates RCW 69.50.410 by selling for profit any controlled
substance or counterfeit substance classified in schedule I,
69.50.435
(2006 Ed.)
69.50.435
RCW 69.50.204, except leaves and flowering tops of marihuana to a person:
(a) In a school;
(b) On a school bus;
(c) Within one thousand feet of a school bus route stop
designated by the school district;
(d) Within one thousand feet of the perimeter of the
school grounds;
(e) In a public park;
(f) In a public housing project designated by a local governing authority as a drug-free zone;
(g) On a public transit vehicle;
(h) In a public transit stop shelter;
(i) At a civic center designated as a drug-free zone by the
local governing authority; or
(j) Within one thousand feet of the perimeter of a facility
designated under (i) of this subsection, if the local governing
authority specifically designates the one thousand foot perimeter
may be punished by a fine of up to twice the fine otherwise
authorized by this chapter, but not including twice the fine
authorized by RCW 69.50.406, or by imprisonment of up to
twice the imprisonment otherwise authorized by this chapter,
but not including twice the imprisonment authorized by
RCW 69.50.406, or by both such fine and imprisonment. The
provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by this
chapter for an offense.
(2) It is not a defense to a prosecution for a violation of
this section that the person was unaware that the prohibited
conduct took place while in a school or school bus or within
one thousand feet of the school or school bus route stop, in a
public park, in a public housing project designated by a local
governing authority as a drug-free zone, on a public transit
vehicle, in a public transit stop shelter, at a civic center designated as a drug-free zone by the local governing authority, or
within one thousand feet of the perimeter of a facility designated under subsection (1)(i) of this section, if the local governing authority specifically designates the one thousand foot
perimeter.
(3) It is not a defense to a prosecution for a violation of
this section or any other prosecution under this chapter that
persons under the age of eighteen were not present in the
school, the school bus, the public park, the public housing
project designated by a local governing authority as a drugfree zone, or the public transit vehicle, or at the school bus
route stop, the public transit vehicle stop shelter, at a civic
center designated as a drug-free zone by the local governing
authority, or within one thousand feet of the perimeter of a
facility designated under subsection (1)(i) of this section, if
the local governing authority specifically designates the one
thousand foot perimeter at the time of the offense or that
school was not in session.
(4) It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place
entirely within a private residence, that no person under eighteen years of age or younger was present in such private residence at any time during the commission of the offense, and
that the prohibited conduct did not involve delivering, manufacturing, selling, or possessing with the intent to manufacture, sell, or deliver any controlled substance in RCW
[Title 69 RCW—page 81]
69.50.440
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.50.401 for profit. The affirmative defense established in
this section shall be proved by the defendant by a preponderance of the evidence. This section shall not be construed to
establish an affirmative defense with respect to a prosecution
for an offense defined in any other section of this chapter.
(5) In a prosecution under this section, a map produced
or reproduced by any municipality, school district, county,
transit authority engineer, or public housing authority for the
purpose of depicting the location and boundaries of the area
on or within one thousand feet of any property used for a
school, school bus route stop, public park, public housing
project designated by a local governing authority as a drugfree zone, public transit vehicle stop shelter, or a civic center
designated as a drug-free zone by a local governing authority,
or a true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence
of the location and boundaries of those areas if the governing
body of the municipality, school district, county, or transit
authority has adopted a resolution or ordinance approving the
map as the official location and record of the location and
boundaries of the area on or within one thousand feet of the
school, school bus route stop, public park, public housing
project designated by a local governing authority as a drugfree zone, public transit vehicle stop shelter, or civic center
designated as a drug-free zone by a local governing authority.
Any map approved under this section or a true copy of the
map shall be filed with the clerk of the municipality or
county, and shall be maintained as an official record of the
municipality or county. This section shall not be construed as
precluding the prosecution from introducing or relying upon
any other evidence or testimony to establish any element of
the offense. This section shall not be construed as precluding
the use or admissibility of any map or diagram other than the
one which has been approved by the governing body of a
municipality, school district, county, transit authority, or public housing authority if the map or diagram is otherwise
admissible under court rule.
(6) As used in this section the following terms have the
meanings indicated unless the context clearly requires otherwise:
(a) "School" has the meaning under RCW 28A.150.010
or 28A.150.020. The term "school" also includes a private
school approved under RCW 28A.195.010;
(b) "School bus" means a school bus as defined by the
superintendent of public instruction by rule which is owned
and operated by any school district and all school buses
which are privately owned and operated under contract or
otherwise with any school district in the state for the transportation of students. The term does not include buses operated
by common carriers in the urban transportation of students
such as transportation of students through a municipal transportation system;
(c) "School bus route stop" means a school bus stop as
designated by a school district;
(d) "Public park" means land, including any facilities or
improvements on the land, that is operated as a park by the
state or a local government;
(e) "Public transit vehicle" means any motor vehicle,
street car, train, trolley vehicle, or any other device, vessel, or
vehicle which is owned or operated by a transit authority and
[Title 69 RCW—page 82]
which is used for the purpose of carrying passengers on a regular schedule;
(f) "Transit authority" means a city, county, or state
transportation system, transportation authority, public transportation benefit area, public transit authority, or metropolitan municipal corporation within the state that operates public transit vehicles;
(g) "Stop shelter" means a passenger shelter designated
by a transit authority;
(h) "Civic center" means a publicly owned or publicly
operated place or facility used for recreational, educational,
or cultural activities;
(i) "Public housing project" means the same as "housing
project" as defined in RCW 35.82.020. [2003 c 53 § 346.
Prior: 1997 c 30 § 2; 1997 c 23 § 1; 1996 c 14 § 2; 1991 c 32
§ 4; prior: 1990 c 244 § 1; 1990 c 33 § 588; 1989 c 271 §
112.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Findings—Intent—1997 c 30: "The legislature finds that a large number of illegal drug transactions occur in or near public housing projects. The
legislature also finds that this activity places the families and children residing in these housing projects at risk for drug-related crimes and increases the
general level of fear among the residents of the housing project and the areas
surrounding these projects. The intent of the legislature is to allow local governments to designate public housing projects as drug-free zones." [1997 c
30 § 1.]
Findings—Intent—1996 c 14: "The legislature finds that a large number of illegal drug transactions occur in or near publicly owned places used
for recreational, educational, and cultural purposes. The legislature also
finds that this activity places the people using these facilities at risk for drugrelated crimes, discourages the use of recreational, educational, and cultural
facilities, blights the economic development around these facilities, and
increases the general level of fear among the residents of the areas surrounding these facilities. The intent of the legislature is to allow local governments to designate a perimeter of one thousand feet around publicly owned
places used primarily for recreation, education, and cultural activities as
drug-free zones." [1996 c 14 § 1.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1989 c 271: See note following RCW 9.94A.510.
69.50.440
69.50.440 Possession with intent to manufacture—
Penalty. (1) It is unlawful for any person to possess ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers,
pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, including
its salts, isomers, and salts of isomers.
(2) Any person who violates this section is guilty of a
class B felony and may be imprisoned for not more than ten
years, fined not more than twenty-five thousand dollars, or
both. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the
fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine,
including its salts, isomers, and salts of isomers. The fine
moneys deposited with that law enforcement agency must be
used for such clean-up cost. [2005 c 218 § 3; 2003 c 53 §
347; 2002 c 134 § 1; 2000 c 225 § 4; 1997 c 71 § 3; 1996 c
205 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
(2006 Ed.)
Uniform Controlled Substances Act
Effective date—2002 c 134: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2002]." [2002 c 134 § 5.]
Severability—2000 c 225: See note following RCW 69.55.010.
ARTICLE V
ENFORCEMENT AND
ADMINISTRATIVE PROVISIONS
69.50.500
69.50.500 Powers of enforcement personnel. (a) It is
hereby made the duty of the state board of pharmacy, the
department, and their officers, agents, inspectors and representatives, and all law enforcement officers within the state,
and of all prosecuting attorneys, to enforce all provisions of
this chapter, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the
laws of the United States, of this state, and all other states,
relating to controlled substances as defined in this chapter.
(b) Employees of the department of health, who are so
designated by the board as enforcement officers are declared
to be peace officers and shall be vested with police powers to
enforce the drug laws of this state, including this chapter.
[1989 1st ex.s. c 9 § 437; 1971 ex.s. c 308 § 69.50.500.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.50.501
69.50.501 Administrative inspections. The state board
of pharmacy may make administrative inspections of controlled premises in accordance with the following provisions:
(1) For purposes of this section only, "controlled premises" means:
(a) places where persons registered or exempted from
registration requirements under this chapter are required to
keep records; and
(b) places including factories, warehouses, establishments, and conveyances in which persons registered or
exempted from registration requirements under this chapter
are permitted to hold, manufacture, compound, process, sell,
deliver, or otherwise dispose of any controlled substance.
(2) When authorized by an administrative inspection
warrant issued pursuant to RCW 69.50.502 an officer or
employee designated by the board, upon presenting the warrant and appropriate credentials to the owner, operator, or
agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
(3) When authorized by an administrative inspection
warrant, an officer or employee designated by the board may:
(a) inspect and copy records required by this chapter to
be kept;
(b) inspect, within reasonable limits and in a reasonable
manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found
therein, and, except as provided in subsection (5) of this section, all other things therein, including records, files, papers,
processes, controls, and facilities bearing on violation of this
chapter; and
(c) inventory any stock of any controlled substance
therein and obtain samples thereof;
(4) This section does not prevent the inspection without
a warrant of books and records pursuant to an administrative
(2006 Ed.)
69.50.502
subpoena issued in accordance with chapter 34.05 RCW, nor
does it prevent entries and administrative inspections, including seizures of property, without a warrant:
(a) if the owner, operator, or agent in charge of the controlled premises consents;
(b) in situations presenting imminent danger to health or
safety;
(c) in situations involving inspection of conveyances if
there is reasonable cause to believe that the mobility of the
conveyance makes it impracticable to obtain a warrant;
(d) in any other exceptional or emergency circumstance
where time or opportunity to apply for a warrant is lacking;
or,
(e) in all other situations in which a warrant is not constitutionally required;
(5) An inspection authorized by this section shall not
extend to financial data, sales data, other than shipment data,
or pricing data unless the owner, operator, or agent in charge
of the controlled premises consents in writing. [1971 ex.s. c
308 § 69.50.501.]
69.50.502 Warrants for administrative inspections.
Issuance and execution of administrative inspection warrants
shall be as follows:
(1) A judge of a superior court, or a judge of a district
court within his jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by
this chapter or rules hereunder, and seizures of property
appropriate to the inspections. For purposes of the issuance of
administrative inspection warrants, probable cause exists
upon showing a valid public interest in the effective enforcement of this chapter or rules hereunder, sufficient to justify
administrative inspection of the area, premises, building or
conveyance in the circumstances specified in the application
for the warrant;
(2) A warrant shall issue only upon an affidavit of a designated officer or employee having knowledge of the facts
alleged, sworn to before the judge and establishing the
grounds for issuing the warrant. If the judge is satisfied that
grounds for the application exist or that there is probable
cause to believe they exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be
inspected, the purpose of the inspection, and, if appropriate,
the type of property to be inspected, if any. The warrant shall:
(a) state the grounds for its issuance and the name of
each person whose affidavit has been taken in support
thereof;
(b) be directed to a person authorized by RCW 69.50.500
to execute it;
(c) command the person to whom it is directed to inspect
the area, premises, building, or conveyance identified for the
purpose specified and, if appropriate, direct the seizure of the
property specified;
(d) identify the item or types of property to be seized, if
any;
(e) direct that it be served during normal business hours
and designate the judge to whom it shall be returned;
(3) A warrant issued pursuant to this section must be
executed and returned within ten days of its date unless, upon
a showing of a need for additional time, the court orders oth69.50.502
[Title 69 RCW—page 83]
69.50.503
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
erwise. If property is seized pursuant to a warrant, a copy
shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the
property taken. The return of the warrant shall be made
promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the
person executing the warrant and of the person from whose
possession or premises the property was taken, if present, or
in the presence of at least one credible person other than the
person executing the warrant. A copy of the inventory shall
be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant;
(4) The judge who has issued a warrant shall attach
thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the court in
which the inspection was made. [1971 ex.s. c 308 §
69.50.502.]
69.50.503
69.50.503 Injunctions. (a) The superior courts of this
state have jurisdiction to restrain or enjoin violations of this
chapter.
(b) The defendant may demand trial by jury for an
alleged violation of an injunction or restraining order under
this section. [1971 ex.s. c 308 § 69.50.503.]
69.50.504
69.50.504 Cooperative arrangements. The state board
of pharmacy shall cooperate with federal and other state
agencies in discharging its responsibilities concerning traffic
in controlled substances and in suppressing the abuse of controlled substances. [1971 ex.s. c 308 § 69.50.504.]
69.50.505
69.50.505 Seizure and forfeiture. (1) The following
are subject to seizure and forfeiture and no property right
exists in them:
(a) All controlled substances which have been manufactured, distributed, dispensed, acquired, or possessed in violation of this chapter or chapter 69.41 or 69.52 RCW, and all
hazardous chemicals, as defined in RCW 64.44.010, used or
intended to be used in the manufacture of controlled substances;
(b) All raw materials, products, and equipment of any
kind which are used, or intended for use, in manufacturing,
compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter or
chapter 69.41 or 69.52 RCW;
(c) All property which is used, or intended for use, as a
container for property described in (a) or (b) of this subsection;
(d) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, in any manner to
facilitate the sale, delivery, or receipt of property described in
(a) or (b) of this subsection, except that:
(i) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the
owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter or chapter
69.41 or 69.52 RCW;
[Title 69 RCW—page 84]
(ii) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the
owner thereof to have been committed or omitted without the
owner’s knowledge or consent;
(iii) No conveyance is subject to forfeiture under this
section if used in the receipt of only an amount of marijuana
for which possession constitutes a misdemeanor under RCW
69.50.4014;
(iv) A forfeiture of a conveyance encumbered by a bona
fide security interest is subject to the interest of the secured
party if the secured party neither had knowledge of nor consented to the act or omission; and
(v) When the owner of a conveyance has been arrested
under this chapter or chapter 69.41 or 69.52 RCW the conveyance in which the person is arrested may not be subject to
forfeiture unless it is seized or process is issued for its seizure
within ten days of the owner’s arrest;
(e) All books, records, and research products and materials, including formulas, microfilm, tapes, and data which are
used, or intended for use, in violation of this chapter or chapter 69.41 or 69.52 RCW;
(f) All drug paraphernalia;
(g) All moneys, negotiable instruments, securities, or
other tangible or intangible property of value furnished or
intended to be furnished by any person in exchange for a controlled substance in violation of this chapter or chapter 69.41
or 69.52 RCW, all tangible or intangible personal property,
proceeds, or assets acquired in whole or in part with proceeds
traceable to an exchange or series of exchanges in violation
of this chapter or chapter 69.41 or 69.52 RCW, and all moneys, negotiable instruments, and securities used or intended
to be used to facilitate any violation of this chapter or chapter
69.41 or 69.52 RCW. A forfeiture of money, negotiable
instruments, securities, or other tangible or intangible property encumbered by a bona fide security interest is subject to
the interest of the secured party if, at the time the security
interest was created, the secured party neither had knowledge
of nor consented to the act or omission. No personal property
may be forfeited under this subsection (1)(g), to the extent of
the interest of an owner, by reason of any act or omission
which that owner establishes was committed or omitted without the owner’s knowledge or consent; and
(h) All real property, including any right, title, and interest in the whole of any lot or tract of land, and any appurtenances or improvements which are being used with the
knowledge of the owner for the manufacturing, compounding, processing, delivery, importing, or exporting of any controlled substance, or which have been acquired in whole or in
part with proceeds traceable to an exchange or series of
exchanges in violation of this chapter or chapter 69.41 or
69.52 RCW, if such activity is not less than a class C felony
and a substantial nexus exists between the commercial production or sale of the controlled substance and the real property. However:
(i) No property may be forfeited pursuant to this subsection (1)(h), to the extent of the interest of an owner, by reason
of any act or omission committed or omitted without the
owner’s knowledge or consent;
(ii) The bona fide gift of a controlled substance, legend
drug, or imitation controlled substance shall not result in the
forfeiture of real property;
(2006 Ed.)
Uniform Controlled Substances Act
(iii) The possession of marijuana shall not result in the
forfeiture of real property unless the marijuana is possessed
for commercial purposes, the amount possessed is five or
more plants or one pound or more of marijuana, and a substantial nexus exists between the possession of marijuana and
the real property. In such a case, the intent of the offender
shall be determined by the preponderance of the evidence,
including the offender’s prior criminal history, the amount of
marijuana possessed by the offender, the sophistication of the
activity or equipment used by the offender, and other evidence which demonstrates the offender’s intent to engage in
commercial activity;
(iv) The unlawful sale of marijuana or a legend drug
shall not result in the forfeiture of real property unless the
sale was forty grams or more in the case of marijuana or one
hundred dollars or more in the case of a legend drug, and a
substantial nexus exists between the unlawful sale and the
real property; and
(v) A forfeiture of real property encumbered by a bona
fide security interest is subject to the interest of the secured
party if the secured party, at the time the security interest was
created, neither had knowledge of nor consented to the act or
omission.
(2) Real or personal property subject to forfeiture under
this chapter may be seized by any board inspector or law
enforcement officer of this state upon process issued by any
superior court having jurisdiction over the property. Seizure
of real property shall include the filing of a lis pendens by the
seizing agency. Real property seized under this section shall
not be transferred or otherwise conveyed until ninety days
after seizure or until a judgment of forfeiture is entered,
whichever is later: PROVIDED, That real property seized
under this section may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu
of foreclosure of a security interest. Seizure of personal
property without process may be made if:
(a) The seizure is incident to an arrest or a search under a
search warrant or an inspection under an administrative
inspection warrant;
(b) The property subject to seizure has been the subject
of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;
(c) A board inspector or law enforcement officer has
probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(d) The board inspector or law enforcement officer has
probable cause to believe that the property was used or is
intended to be used in violation of this chapter.
(3) In the event of seizure pursuant to subsection (2) of
this section, proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under
whose authority the seizure was made shall cause notice to be
served within fifteen days following the seizure on the owner
of the property seized and the person in charge thereof and
any person having any known right or interest therein, including any community property interest, of the seizure and
intended forfeiture of the seized property. Service of notice
of seizure of real property shall be made according to the
rules of civil procedure. However, the state may not obtain a
default judgment with respect to real property against a party
who is served by substituted service absent an affidavit stat(2006 Ed.)
69.50.505
ing that a good faith effort has been made to ascertain if the
defaulted party is incarcerated within the state, and that there
is no present basis to believe that the party is incarcerated
within the state. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a
financing statement in accordance with chapter 62A.9A
RCW, or a certificate of title, shall be made by service upon
the secured party or the secured party’s assignee at the
address shown on the financing statement or the certificate of
title. The notice of seizure in other cases may be served by
any method authorized by law or court rule including but not
limited to service by certified mail with return receipt
requested. Service by mail shall be deemed complete upon
mailing within the fifteen day period following the seizure.
(4) If no person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of items specified in subsection (1)(d), (g), or
(h) of this section within forty-five days of the seizure in the
case of personal property and ninety days in the case of real
property, the item seized shall be deemed forfeited. The
community property interest in real property of a person
whose spouse committed a violation giving rise to seizure of
the real property may not be forfeited if the person did not
participate in the violation.
(5) If any person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of items specified in subsection (1)(b), (c), (d),
(e), (f), (g), or (h) of this section within forty-five days of the
seizure in the case of personal property and ninety days in the
case of real property, the person or persons shall be afforded
a reasonable opportunity to be heard as to the claim or right.
The hearing shall be before the chief law enforcement officer
of the seizing agency or the chief law enforcement officer’s
designee, except where the seizing agency is a state agency as
defined in RCW 34.12.020(4), the hearing shall be before the
chief law enforcement officer of the seizing agency or an
administrative law judge appointed under chapter 34.12
RCW, except that any person asserting a claim or right may
remove the matter to a court of competent jurisdiction.
Removal of any matter involving personal property may only
be accomplished according to the rules of civil procedure.
The person seeking removal of the matter must serve process
against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of
interest, in accordance with RCW 4.28.080 or 4.92.020,
within forty-five days after the person seeking removal has
notified the seizing law enforcement agency of the person’s
claim of ownership or right to possession. The court to which
the matter is to be removed shall be the district court when the
aggregate value of personal property is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the
seizing agency and any appeal therefrom shall be under Title
34 RCW. In all cases, the burden of proof is upon the law
enforcement agency to establish, by a preponderance of the
evidence, that the property is subject to forfeiture.
The seizing law enforcement agency shall promptly
return the article or articles to the claimant upon a determination by the administrative law judge or court that the claimant
is the present lawful owner or is lawfully entitled to possession thereof of items specified in subsection (1)(b), (c), (d),
(e), (f), (g), or (h) of this section.
[Title 69 RCW—page 85]
69.50.505
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(6) In any proceeding to forfeit property under this title,
where the claimant substantially prevails, the claimant is entitled to reasonable attorneys’ fees reasonably incurred by the
claimant. In addition, in a court hearing between two or more
claimants to the article or articles involved, the prevailing
party is entitled to a judgment for costs and reasonable attorneys’ fees.
(7) When property is forfeited under this chapter the
board or seizing law enforcement agency may:
(a) Retain it for official use or upon application by any
law enforcement agency of this state release such property to
such agency for the exclusive use of enforcing the provisions
of this chapter;
(b) Sell that which is not required to be destroyed by law
and which is not harmful to the public;
(c) Request the appropriate sheriff or director of public
safety to take custody of the property and remove it for disposition in accordance with law; or
(d) Forward it to the drug enforcement administration for
disposition.
(8)(a) When property is forfeited, the seizing agency
shall keep a record indicating the identity of the prior owner,
if known, a description of the property, the disposition of the
property, the value of the property at the time of seizure, and
the amount of proceeds realized from disposition of the property.
(b) Each seizing agency shall retain records of forfeited
property for at least seven years.
(c) Each seizing agency shall file a report including a
copy of the records of forfeited property with the state treasurer each calendar quarter.
(d) The quarterly report need not include a record of forfeited property that is still being held for use as evidence during the investigation or prosecution of a case or during the
appeal from a conviction.
(9)(a) By January 31st of each year, each seizing agency
shall remit to the state treasurer an amount equal to ten percent of the net proceeds of any property forfeited during the
preceding calendar year. Money remitted shall be deposited
in the violence reduction and drug enforcement account
under RCW 69.50.520.
(b) The net proceeds of forfeited property is the value of
the forfeitable interest in the property after deducting the cost
of satisfying any bona fide security interest to which the
property is subject at the time of seizure; and in the case of
sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling
agents, and the cost of any valid landlord’s claim for damages
under subsection (15) of this section.
(c) The value of sold forfeited property is the sale price.
The value of retained forfeited property is the fair market
value of the property at the time of seizure, determined when
possible by reference to an applicable commonly used index,
such as the index used by the department of licensing for valuation of motor vehicles. A seizing agency may use, but need
not use, an independent qualified appraiser to determine the
value of retained property. If an appraiser is used, the value
of the property appraised is net of the cost of the appraisal.
The value of destroyed property and retained firearms or illegal property is zero.
[Title 69 RCW—page 86]
(10) Forfeited property and net proceeds not required to
be paid to the state treasurer shall be retained by the seizing
law enforcement agency exclusively for the expansion and
improvement of controlled substances related law enforcement activity. Money retained under this section may not be
used to supplant preexisting funding sources.
(11) Controlled substances listed in Schedule I, II, III,
IV, and V that are possessed, transferred, sold, or offered for
sale in violation of this chapter are contraband and shall be
seized and summarily forfeited to the state. Controlled substances listed in Schedule I, II, III, IV, and V, which are
seized or come into the possession of the board, the owners of
which are unknown, are contraband and shall be summarily
forfeited to the board.
(12) Species of plants from which controlled substances
in Schedules I and II may be derived which have been planted
or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growths,
may be seized and summarily forfeited to the board.
(13) The failure, upon demand by a board inspector or
law enforcement officer, of the person in occupancy or in
control of land or premises upon which the species of plants
are growing or being stored to produce an appropriate registration or proof that he or she is the holder thereof constitutes
authority for the seizure and forfeiture of the plants.
(14) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the assessor of the county in which the property is located. Orders for
the forfeiture of real property shall be entered by the superior
court, subject to court rules. Such an order shall be filed by
the seizing agency in the county auditor’s records in the
county in which the real property is located.
(15) A landlord may assert a claim against proceeds from
the sale of assets seized and forfeited under subsection (7)(b)
of this section, only if:
(a) A law enforcement officer, while acting in his or her
official capacity, directly caused damage to the complaining
landlord’s property while executing a search of a tenant’s residence; and
(b) The landlord has applied any funds remaining in the
tenant’s deposit, to which the landlord has a right under chapter 59.18 RCW, to cover the damage directly caused by a law
enforcement officer prior to asserting a claim under the provisions of this section;
(i) Only if the funds applied under (b) of this subsection
are insufficient to satisfy the damage directly caused by a law
enforcement officer, may the landlord seek compensation for
the damage by filing a claim against the governmental entity
under whose authority the law enforcement agency operates
within thirty days after the search;
(ii) Only if the governmental entity denies or fails to
respond to the landlord’s claim within sixty days of the date
of filing, may the landlord collect damages under this subsection by filing within thirty days of denial or the expiration of
the sixty-day period, whichever occurs first, a claim with the
seizing law enforcement agency. The seizing law enforcement agency must notify the landlord of the status of the
claim by the end of the thirty-day period. Nothing in this section requires the claim to be paid by the end of the sixty-day
or thirty-day period.
(2006 Ed.)
Uniform Controlled Substances Act
(c) For any claim filed under (b) of this subsection, the
law enforcement agency shall pay the claim unless the
agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this chapter or chapter 69.41 or 69.52 RCW; or
(ii) Failed to respond to a notification of the illegal activity, provided by a law enforcement agency under RCW
59.18.075, within seven days of receipt of notification of the
illegal activity.
(16) The landlord’s claim for damages under subsection
(15) of this section may not include a claim for loss of business and is limited to:
(a) Damage to tangible property and clean-up costs;
(b) The lesser of the cost of repair or fair market value of
the damage directly caused by a law enforcement officer;
(c) The proceeds from the sale of the specific tenant’s
property seized and forfeited under subsection (7)(b) of this
section; and
(d) The proceeds available after the seizing law enforcement agency satisfies any bona fide security interest in the
tenant’s property and costs related to sale of the tenant’s
property as provided by subsection (9)(b) of this section.
(17) Subsections (15) and (16) of this section do not limit
any other rights a landlord may have against a tenant to collect for damages. However, if a law enforcement agency satisfies a landlord’s claim under subsection (15) of this section,
the rights the landlord has against the tenant for damages
directly caused by a law enforcement officer under the terms
of the landlord and tenant’s contract are subrogated to the law
enforcement agency. [2003 c 53 § 348; 2001 c 168 § 1; 1993
c 487 § 1; 1992 c 211 § 1. Prior: (1992 c 210 § 5 repealed by
1992 c 211 § 2); 1990 c 248 § 2; 1990 c 213 § 12; 1989 c 271
§ 212; 1988 c 282 § 2; 1986 c 124 § 9; 1984 c 258 § 333; 1983
c 2 § 15; prior: 1982 c 189 § 6; 1982 c 171 § 1; prior: 1981
c 67 § 32; 1981 c 48 § 3; 1977 ex.s. c 77 § 1; 1971 ex.s. c 308
§ 69.50.505.]
69.50.508
the application of the provision to other persons or circumstances is not
affected." [1988 c 282 § 3.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Severability—1983 c 2: See note following RCW 18.71.030.
Effective date—1982 c 189: See note following RCW 34.12.020.
Severability—Effective date—1982 c 171: See RCW 69.52.900 and
69.52.901.
Severability—1981 c 48: See note following RCW 69.50.102.
69.50.506
69.50.506 Burden of proof; liabilities. (a) It is not necessary for the state to negate any exemption or exception in
this chapter in any complaint, information, indictment or
other pleading or in any trial, hearing, or other proceeding
under this chapter. The burden of proof of any exemption or
exception is upon the person claiming it.
(b) In the absence of proof that a person is the duly
authorized holder of an appropriate registration or order form
issued under this chapter, he is presumed not to be the holder
of the registration or form. The burden of proof is upon him
to rebut the presumption.
(c) No liability is imposed by this chapter upon any
authorized state, county or municipal officer, engaged in the
lawful performance of his duties. [1971 ex.s. c 308 §
69.50.506.]
69.50.507
69.50.507 Judicial review. All final determinations,
findings and conclusions of the state board of pharmacy
under this chapter are final and conclusive decisions of the
matters involved. Any person aggrieved by the decision may
obtain review of the decision in the superior court wherein he
resides or in the superior court of Thurston county, such
review to be in conformity with the administrative procedure
act, chapter 34.05 RCW. [1971 ex.s. c 308 § 69.50.507.]
69.50.508
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—2001 c 168: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2001 c 168 § 5.]
Effective date—1990 c 213 §§ 2 and 12: See note following RCW
64.44.010.
Severability—1990 c 213: See RCW 64.44.901.
Findings—1989 c 271: "The legislature finds that: Drug offenses and
crimes resulting from illegal drug use are destructive to society; the nature of
drug trafficking results in many property crimes and crimes of violence; state
and local governmental agencies incur immense expenses in the investigation, prosecution, adjudication, incarceration, and treatment of drug-related
offenders and the compensation of their victims; drug-related offenses are
difficult to eradicate because of the profits derived from the criminal activities, which can be invested in legitimate assets and later used for further
criminal activities; and the forfeiture of real assets where a substantial nexus
exists between the commercial production or sale of the substances and the
real property will provide a significant deterrent to crime by removing the
profit incentive of drug trafficking, and will provide a revenue source that
will partially defray the large costs incurred by government as a result of
these crimes. The legislature recognizes that seizure of real property is a
very powerful tool and should not be applied in cases in which a manifest
injustice would occur as a result of forfeiture of an innocent spouse’s community property interest." [1989 c 271 § 211.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Severability—1988 c 282: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
(2006 Ed.)
69.50.508 Education and research. (a) The state board
of pharmacy may carry out educational programs designed to
prevent and deter misuse and abuse of controlled substances.
In connection with these programs it may:
(1) promote better recognition of the problems of misuse
and abuse of controlled substances within the regulated
industry and among interested groups and organizations;
(2) assist the regulated industry and interested groups
and organizations in contributing to the reduction of misuse
and abuse of controlled substances;
(3) consult with interested groups and organizations to
aid them in solving administrative and organizational problems;
(4) evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs
on misuse and abuse of controlled substances;
(5) disseminate the results of research on misuse and
abuse of controlled substances to promote a better public
understanding of what problems exist and what can be done
to combat them; and
(6) assist in the education and training of state and local
law enforcement officials in their efforts to control misuse
and abuse of controlled substances.
(b) The board may encourage research on misuse and
abuse of controlled substances. In connection with the
[Title 69 RCW—page 87]
69.50.509
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
research, and in furtherance of the enforcement of this chapter, it may:
(1) establish methods to assess accurately the effects of
controlled substances and identify and characterize those
with potential for abuse;
(2) make studies and undertake programs of research to:
(i) develop new or improved approaches, techniques,
systems, equipment and devices to strengthen the enforcement of this chapter;
(ii) determine patterns of misuse and abuse of controlled
substances and the social effects thereof; and,
(iii) improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled
substances; and,
(3) enter into contracts with public agencies, institutions
of higher education, and private organizations or individuals
for the purpose of conducting research, demonstrations, or
special projects which bear directly on misuse and abuse of
controlled substances.
(c) The board may enter into contracts for educational
and research activities without performance bonds.
(d) The board may authorize persons engaged in research
on the use and effects of controlled substances to withhold
the names and other identifying characteristics of individuals
who are the subjects of the research. Persons who obtain this
authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.
(e) The board may authorize the possession and distribution of controlled substances by persons engaged in research.
Persons who obtain this authorization are exempt from state
prosecution for possession and distribution of controlled substances to the extent of the authorization. [1971 ex.s. c 308 §
69.50.508.]
69.50.509 Search and seizure of controlled substances. If, upon the sworn complaint of any person, it shall
be made to appear to any judge of the superior court, district
court, or municipal court that there is probable cause to
believe that any controlled substance is being used, manufactured, sold, bartered, exchanged, administered, dispensed,
delivered, distributed, produced, possessed, given away, furnished or otherwise disposed of or kept in violation of the
provisions of this chapter, such judge shall, with or without
the approval of the prosecuting attorney, issue a warrant
directed to any law enforcement officer of the state, commanding him or her to search the premises designated and
described in such complaint and warrant, and to seize all controlled substances there found, together with the vessels in
which they are contained, and all implements, furniture and
fixtures used or kept for the illegal manufacture, sale, barter,
exchange, administering, dispensing, delivering, distributing,
producing, possessing, giving away, furnishing or otherwise
disposing of such controlled substances, and to safely keep
the same, and to make a return of said warrant within three
days, showing all acts and things done thereunder, with a particular statement of all articles seized and the name of the person or persons in whose possession the same were found, if
any, and if no person be found in the possession of said articles, the returns shall so state. The provisions of RCW
69.50.509
[Title 69 RCW—page 88]
10.31.030 as now or hereafter amended shall apply to actions
taken pursuant to this chapter. [1987 c 202 § 228; 1971 ex.s.
c 308 § 69.50.509.]
Intent—1987 c 202: See note following RCW 2.04.190.
69.50.510
69.50.510 Search and seizure at rental premises—
Notification of landlord. Whenever a controlled substance
which is manufactured, distributed, dispensed, or acquired in
violation of this chapter is seized at rental premises, the law
enforcement agency shall make a reasonable attempt to discover the identity of the landlord and shall notify the landlord
in writing, at the last address listed in the property tax records
and at any other address known by the law enforcement
agency, of the seizure and the location of the seizure. [1988
c 150 § 9.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
69.50.511 Clean-up of hazardous substances at illegal drug manufacturing facility—Rules. Law enforcement
agencies who during the official investigation or enforcement
of any illegal drug manufacturing facility come in contact
with or are aware of any substances suspected of being hazardous as defined in *RCW 70.105D.020(5), shall notify the
department of ecology for the purpose of securing a contractor to identify, clean-up, store, and dispose of suspected hazardous substances, except for those random and representative samples obtained for evidentiary purposes. Whenever
possible, a destruct order covering hazardous substances
which may be described in general terms shall be obtained
concurrently with a search warrant. Materials that have been
photographed, fingerprinted, and subsampled by police shall
be destroyed as soon as practical. The department of ecology
shall make every effort to recover costs from the parties
responsible for the suspected hazardous substance. All recoveries shall be deposited in the account or fund from which
contractor payments are made.
The department of ecology may adopt rules to carry out
its responsibilities under this section. The department of ecology shall consult with law enforcement agencies prior to
adopting any rule or policy relating to this section. [1990 c
213 § 13; 1989 c 271 § 228.]
69.50.511
*Reviser’s note: RCW 70.105D.020 was amended by 1994 c 254 § 2,
changing subsection (5) to subsection (6); and was subsequently amended by
1995 c 70 § 1, changing subsection (6) to subsection (7).
Severability—1990 c 213: See RCW 64.44.901.
Severability—1989 c 271: See note following RCW 9.94A.510.
69.50.520
69.50.520 Violence reduction and drug enforcement
account. The violence reduction and drug enforcement
account is created in the state treasury. All designated
receipts from RCW 9.41.110(8), 66.24.210(4), 66.24.290(2),
69.50.505(9)(a), 82.08.150 (5) and (7)(b)(iii), 82.24.020(2),
82.24.026(2)(c), 82.64.020, and section 420, chapter 271,
Laws of 1989 shall be deposited into the account. Expenditures from the account may be used only for funding services
and programs under chapter 271, Laws of 1989 and chapter 7,
Laws of 1994 sp. sess., including state incarceration costs.
Funds from the account may also be appropriated to reimburse local governments for costs associated with implementing criminal justice legislation including chapter 338, Laws
(2006 Ed.)
Uniform Controlled Substances Act
69.50.603
of 1997. During the 2003-2005 and 2005-2007 bienniums,
funds from the account may also be used for costs associated
with providing grants to local governments in accordance
with chapter 338, Laws of 1997, funding drug offender treatment services in accordance with RCW 70.96A.350, maintenance and operating costs of the Washington association of
sheriffs and police chiefs jail reporting system, maintenance
and operating costs of the juvenile rehabilitation administration’s client activity tracking system, civil indigent legal representation, multijurisdictional narcotics task forces, transfers to the health services account, and grants to community
networks under chapter 70.190 RCW by the family policy
council. [2005 c 518 § 937; 2005 c 514 § 1107; 2005 c 514 §
202; 2004 c 276 § 912; 2003 1st sp.s. c 25 § 930; 2002 c 371
§ 920. Prior: 2001 2nd sp.s. c 7 § 920; 2001 c 168 § 3; 2000
2nd sp.s. c 1 § 917; 1999 c 309 § 922; 1998 c 346 § 909;
prior: 1997 c 451 § 2; 1997 c 338 § 69; 1997 c 149 § 912;
1995 2nd sp.s. c 18 § 919; 1994 sp.s. c 7 § 910; 1989 c 271 §
401.]
(b) The department shall regularly prepare and make
available to other state regulatory, licensing, and law enforcement agencies a report on the patterns and trends of actual
distribution, diversion, and abuse of controlled substances.
(c) The department shall enter into written agreements
with local, state, and federal agencies for the purpose of
improving identification of sources of diversion and to
improve enforcement of and compliance with this chapter
and other laws and regulations pertaining to unlawful conduct involving controlled substances. An agreement must
specify the roles and responsibilities of each agency that has
information or authority to identify, prevent, and control drug
diversion and drug abuse. The department shall convene periodic meetings to coordinate a state diversion prevention and
control program. The department shall arrange for cooperation and exchange of information among agencies and with
neighboring states and the federal government. [1998 c 245
§ 109; 1993 c 187 § 20.]
Reviser’s note: This section was amended by 2005 c 514 § 202, 2005
c 514 § 1107, and by 2005 c 518 § 937, each without reference to the other.
All amendments are incorporated in the publication of this section under
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
ARTICLE VI
MISCELLANEOUS
69.50.601
Severability—Effective date—2005 c 518: See notes following RCW
28A.305.210.
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.
Severability—Effective date—2004 c 276: See notes following RCW
43.330.167.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—2001 c 168: See note following RCW 69.50.505.
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
Construction—Severability—Effective date—1998 c 346: See notes
following RCW 50.24.014.
Effective date—1997 c 451: See note following RCW 66.24.290.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Severability—Effective date—1997 c 149: See notes following RCW
43.08.250.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Captions not law—1989 c 271: "Part, subpart, and section headings
and the index as used in this act do not constitute any part of the law." [1989
c 271 § 605.]
69.50.601 Pending proceedings. (a) Prosecution for
any violation of law occurring prior to May 21, 1971 is not
affected or abated by this chapter. If the offense being prosecuted is similar to one set out in Article IV of this chapter,
then the penalties under Article IV apply if they are less than
those under prior law.
(b) Civil seizures or forfeitures and injunctive proceedings commenced prior to May 21, 1971 are not affected by
this chapter.
(c) All administrative proceedings pending under prior
laws which are superseded by this chapter shall be continued
and brought to a final determination in accord with the laws
and rules in effect prior to May 21, 1971. Any substance controlled under prior law which is not listed within Schedules I
through V, is automatically controlled without further proceedings and shall be listed in the appropriate schedule.
(d) The state board of pharmacy shall initially permit
persons to register who own or operate any establishment
engaged in the manufacture, distribution, or dispensing of
any controlled substance prior to May 21, 1971 and who are
registered or licensed by the state.
(e) This chapter applies to violations of law, seizures and
forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following May 21, 1971.
[1971 ex.s. c 308 § 69.50.601.]
69.50.602
69.50.602 Continuation of rules. Any orders and rules
promulgated under any law affected by this chapter and in
effect on May 21, 1971 and not in conflict with it continue in
effect until modified, superseded or repealed. [1971 ex.s. c
308 § 69.50.602.]
Severability—1989 c 271: See note following RCW 9.94A.510.
69.50.603
69.50.525
69.50.525 Diversion prevention and control—
Report. (a) As used in this section, "diversion" means the
transfer of any controlled substance from a licit to an illicit
channel of distribution or use.
(2006 Ed.)
69.50.603 Uniformity of interpretation. This chapter
shall be so applied and construed as to effectuate its general
purpose to make uniform the law with respect to the subject
of this chapter among those states which enact it. [1971 ex.s.
c 308 § 69.50.603.]
[Title 69 RCW—page 89]
69.50.604
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
69.50.604 Short title. This chapter may be cited as the
Uniform Controlled Substances Act. [1971 ex.s. c 308 §
69.50.604.]
69.50.604
(20) Section 1, chapter 80, Laws of 1970 ex. sess. [1971
ex.s. c 308 § 69.50.606.]
69.50.607 Effective date—1971 ex.s. c 308. This act is
necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1971 ex.s. c 308 § 69.50.607.]
69.50.607
69.50.605 Severability—1971 ex.s. c 308. If any provision of this act or the application thereof to any person or
circumstance is held invalid, the invalidity does not affect
other provisions or applications of the act which can be given
effect without the invalid provision or application, and to this
end the provisions of this act are severable. [1971 ex.s. c 308
§ 69.50.605.]
69.50.605
69.50.606 Repealers. The laws specified below are
repealed except with respect to rights and duties which
matured, penalties which were incurred and proceedings
which were begun before the effective date of this act:
(1) Section 2072, Code of 1881, section 418, chapter
249, Laws of 1909, section 4, chapter 205, Laws of 1963 and
RCW 9.91.030;
(2) Section 69.33.220, chapter 27, Laws of 1959, section
7, chapter 256, Laws of 1969 ex. sess. and RCW 69.33.220;
(3) Sections 69.33.230 through 69.33.280, chapter 27,
Laws of 1959 and RCW 69.33.230 through 69.33.280;
(4) Section 69.33.290, chapter 27, Laws of 1959, section
1, chapter 97, Laws of 1959 and RCW 69.33.290;
(5) Section 69.33.300, chapter 27, Laws of 1959, section
8, chapter 256, Laws of 1969 ex. sess. and RCW 69.33.300;
(6) Sections 69.33.310 through 69.33.400, chapter 27,
Laws of 1959 and RCW 69.33.310 through 69.33.400;
(7) Section 69.33.410, chapter 27, Laws of 1959, section
20, chapter 38, Laws of 1963 and RCW 69.33.410;
(8) Sections 69.33.420 through 69.33.440, 69.33.900
through 69.33.950, chapter 27, Laws of 1959 and RCW
69.33.420 through 69.33.440, 69.33.900 through 69.33.950;
(9) Section 255, chapter 249, Laws of 1909 and RCW
69.40.040;
(10) Section 1, chapter 6, Laws of 1939, section 1, chapter 29, Laws of 1939, section 1, chapter 57, Laws of 1945,
section 1, chapter 24, Laws of 1955, section 1, chapter 49,
Laws of 1961, section 1, chapter 71, Laws of 1967, section 9,
chapter 256, Laws of 1969 ex. sess. and RCW 69.40.060;
(11) Section 1, chapter 23, Laws of 1955, section 2,
chapter 49, Laws of 1961, section 2, chapter 71, Laws of
1967 and RCW 69.40.061;
(12) Section 21, chapter 38, Laws of 1963 and RCW
69.40.063;
(13) Section 2, chapter 6, Laws of 1939, section 23,
chapter 38, Laws of 1963, section 10, chapter 256, Laws of
1969 ex. sess. and RCW 69.40.070;
(14) Section 12, chapter 256, Laws of 1969 ex. sess. and
RCW 69.40.075;
(15) Section 1, chapter 205, Laws of 1963 and RCW
69.40.080;
(16) Section 2, chapter 205, Laws of 1963 and RCW
69.40.090;
(17) Section 3, chapter 205, Laws of 1963 and RCW
69.40.100;
(18) Section 11, chapter 256, Laws of 1969 ex. sess. and
RCW 69.40.110;
(19) Section 1, chapter 33, Laws of 1970 ex. sess. and
RCW 69.40.120; and
69.50.606
[Title 69 RCW—page 90]
69.50.608 State preemption. The state of Washington
fully occupies and preempts the entire field of setting penalties for violations of the controlled substances act. Cities,
towns, and counties or other municipalities may enact only
those laws and ordinances relating to controlled substances
that are consistent with this chapter. Such local ordinances
shall have the same penalties as provided for by state law.
Local laws and ordinances that are inconsistent with the
requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code,
charter, or home rule status of the city, town, county, or
municipality. [1989 c 271 § 601.]
69.50.608
69.50.609 Captions not law—1993 c 187. Section captions as used in this act constitute no part of the law. [1993 c
187 § 23.]
69.50.609
Chapter 69.51 RCW
CONTROLLED SUBSTANCES THERAPEUTIC
RESEARCH ACT
Chapter 69.51
Sections
69.51.010
69.51.020
69.51.030
69.51.040
69.51.050
69.51.060
69.51.080
Short title.
Legislative purpose.
Definitions.
Controlled substances therapeutic research program.
Patient qualification review committee.
Sources and distribution of marijuana.
Cannabis and related products considered Schedule II substances.
69.51.010
69.51.010 Short title. This chapter may be cited as the
Controlled Substances Therapeutic Research Act. [1979 c
136 § 1.]
69.51.020
69.51.020 Legislative purpose. The legislature finds
that recent research has shown that the use of marijuana may
alleviate the nausea and ill effects of cancer chemotherapy
and radiology, and, additionally, may alleviate the ill effects
of glaucoma. The legislature further finds that there is a need
for further research and experimentation regarding the use of
marijuana under strictly controlled circumstances. It is for
this purpose that the Controlled Substances Therapeutic
Research Act is hereby enacted. [1979 c 136 § 2.]
69.51.030 Definitions. As used in this chapter:
(1) "Board" means the state board of pharmacy;
(2) "Department" means the department of health.
(3) "Marijuana" means all parts of the plant of the genus
Cannabis L., whether growing or not, the seeds thereof, the
resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation
of the plant, its seeds, or resin; and
69.51.030
(2006 Ed.)
Medical Marijuana
(4) "Practitioner" means a physician licensed pursuant to
chapter 18.71 or 18.57 RCW. [1989 1st ex.s. c 9 § 438; 1979
c 136 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.51.040
69.51.040 Controlled substances therapeutic
research program. (1) There is established in the board the
controlled substances therapeutic research program. The program shall be administered by the department. The board
shall promulgate rules necessary for the proper administration of the Controlled Substances Therapeutic Research Act.
In such promulgation, the board shall take into consideration
those pertinent rules promulgated by the United States drug
enforcement agency, the food and drug administration, and
the national institute on drug abuse.
(2) Except as provided in RCW 69.51.050(4), the controlled substances therapeutic research program shall be limited to cancer chemotherapy and radiology patients and glaucoma patients, who are certified to the patient qualification
review committee by a practitioner as being involved in a
life-threatening or sense-threatening situation. No patient
may be admitted to the controlled substances therapeutic
research program without full disclosure by the practitioner
of the experimental nature of this program and of the possible
risks and side effects of the proposed treatment in accordance
with the informed consent provisions of chapter 7.70 RCW.
(3) The board shall provide by rule for a program of registration with the department of bona fide controlled substance therapeutic research projects. [1989 1st ex.s. c 9 §
439; 1979 c 136 § 4.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
69.51.050
69.51.050 Patient qualification review committee. (1)
The board shall appoint a patient qualification review committee to serve at its pleasure. The patient qualification
review committee shall be comprised of:
(a) A physician licensed to practice medicine in Washington state and specializing in the practice of ophthalmology;
(b) A physician licensed to practice medicine in Washington state and specializing in the subspecialty of medical
oncology;
(c) A physician licensed to practice medicine in Washington state and specializing in the practice of psychiatry; and
(d) A physician licensed to practice medicine in Washington state and specializing in the practice of radiology.
Members of the committee shall be compensated at the
rate of fifty dollars per day for each day spent in the performance of their official duties, and shall receive reimbursement for their travel expenses as provided in RCW 43.03.050
and 43.03.060.
(2) The patient qualification review committee shall
review all applicants for the controlled substance therapeutic
research program and their licensed practitioners and certify
their participation in the program.
(3) The patient qualification review committee and the
board shall insure that the privacy of individuals who participate in the controlled substance therapeutic research program
is protected by withholding from all persons not connected
(2006 Ed.)
69.51A.005
with the conduct of the research the names and other identifying characteristics of such individuals. Persons authorized
to engage in research under the controlled substance therapeutic research program may not be compelled in any civil,
criminal, administrative, legislative, or other proceeding to
identify the individuals who are the subjects of research for
which the authorization was granted, except to the extent necessary to permit the board to determine whether the research
is being conducted in accordance with the authorization.
(4) The patient qualification review committee may
include other disease groups for participation in the controlled substances therapeutic research program after pertinent medical data have been presented by a practitioner to
both the committee and the board, and after approval for such
participation has been granted pursuant to pertinent rules promulgated by the United States drug enforcement agency, the
food and drug administration, and the national institute on
drug abuse. [1979 c 136 § 5.]
69.51.060
69.51.060 Sources and distribution of marijuana. (1)
The board shall obtain marijuana through whatever means it
deems most appropriate and consistent with regulations promulgated by the United States food and drug administration,
the drug enforcement agency, and the national institute on
drug abuse, and pursuant to the provisions of this chapter.
(2) The board may use marijuana which has been confiscated by local or state law enforcement agencies and has been
determined to be free from contamination.
(3) The board shall distribute the analyzed marijuana to
approved practitioners and/or institutions in accordance with
rules promulgated by the board. [1979 c 136 § 6.]
69.51.080
69.51.080 Cannabis and related products considered
Schedule II substances. (1) The enumeration of tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols in RCW 69.50.204 as a Schedule I controlled substance
does not apply to the use of cannabis, tetrahydrocannabinols,
or a chemical derivative of tetrahydrocannabinols by certified
patients pursuant to the provisions of this chapter.
(2) Cannabis, tetrahydrocannabinols, or a chemical
derivative of tetrahydrocannabinols shall be considered
Schedule II substances as enumerated in RCW 69.50.206
only for the purposes enumerated in this chapter. [1979 c 136
§ 8.]
Chapter 69.51A
Chapter 69.51A RCW
MEDICAL MARIJUANA
Sections
69.51A.005
69.51A.010
69.51A.020
69.51A.030
69.51A.040
69.51A.050
69.51A.060
69.51A.070
69.51A.900
69.51A.901
69.51A.902
Purpose and intent.
Definitions.
Construction of chapter.
Physicians excepted from state’s criminal laws.
Qualifying patients’ affirmative defense.
Medical marijuana, lawful possession—State not liable.
Crimes—Limitations of chapter.
Addition of medical conditions.
Short title—1999 c 2.
Severability—1999 c 2.
Captions not law—1999 c 2.
69.51A.005
69.51A.005 Purpose and intent. The people of Washington state find that some patients with terminal or debilitat[Title 69 RCW—page 91]
69.51A.010
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
ing illnesses, under their physician’s care, may benefit from
the medical use of marijuana. Some of the illnesses for which
marijuana appears to be beneficial include chemotherapyrelated nausea and vomiting in cancer patients; AIDS wasting
syndrome; severe muscle spasms associated with multiple
sclerosis and other spasticity disorders; epilepsy; acute or
chronic glaucoma; and some forms of intractable pain.
The people find that humanitarian compassion necessitates that the decision to authorize the medical use of marijuana by patients with terminal or debilitating illnesses is a
personal, individual decision, based upon their physician’s
professional medical judgment and discretion.
Therefore, the people of the state of Washington intend
that:
Qualifying patients with terminal or debilitating illnesses
who, in the judgment of their physicians, would benefit from
the medical use of marijuana, shall not be found guilty of a
crime under state law for their possession and limited use of
marijuana;
Persons who act as primary caregivers to such patients
shall also not be found guilty of a crime under state law for
assisting with the medical use of marijuana; and
Physicians also be excepted from liability and prosecution for the authorization of marijuana use to qualifying
patients for whom, in the physician’s professional judgment,
medical marijuana may prove beneficial. [1999 c 2 § 2 (Initiative Measure No. 692, approved November 3, 1998).]
69.51A.010
69.51A.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Medical use of marijuana" means the production,
possession, or administration of marijuana, as defined in
RCW 69.50.101(q), for the exclusive benefit of a qualifying
patient in the treatment of his or her terminal or debilitating
illness.
(2) "Primary caregiver" means a person who:
(a) Is eighteen years of age or older;
(b) Is responsible for the housing, health, or care of the
patient;
(c) Has been designated in writing by a patient to perform the duties of primary caregiver under this chapter.
(3) "Qualifying patient" means a person who:
(a) Is a patient of a physician licensed under chapter
18.71 or 18.57 RCW;
(b) Has been diagnosed by that physician as having a terminal or debilitating medical condition;
(c) Is a resident of the state of Washington at the time of
such diagnosis;
(d) Has been advised by that physician about the risks
and benefits of the medical use of marijuana; and
(e) Has been advised by that physician that they may
benefit from the medical use of marijuana.
(4) "Terminal or debilitating medical condition" means:
(a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity
disorders; or
(b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments
and medications; or
[Title 69 RCW—page 92]
(c) Glaucoma, either acute or chronic, limited for the
purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or
(d) Any other medical condition duly approved by the
Washington state medical quality assurance board [commission] as directed in this chapter.
(5) "Valid documentation" means:
(a) A statement signed by a qualifying patient’s physician, or a copy of the qualifying patient’s pertinent medical
records, which states that, in the physician’s professional
opinion, the potential benefits of the medical use of marijuana would likely outweigh the health risks for a particular
qualifying patient; and
(b) Proof of identity such as a Washington state driver’s
license or identicard, as defined in RCW 46.20.035. [1999 c
2 § 6 (Initiative Measure No. 692, approved November 3,
1998).]
69.51A.020
69.51A.020 Construction of chapter. Nothing in this
chapter shall be construed to supersede Washington state law
prohibiting the acquisition, possession, manufacture, sale, or
use of marijuana for nonmedical purposes. [1999 c 2 § 3 (Initiative Measure No. 692, approved November 3, 1998).]
69.51A.030
69.51A.030 Physicians excepted from state’s criminal laws. A physician licensed under chapter 18.71 or 18.57
RCW shall be excepted from the state’s criminal laws and
shall not be penalized in any manner, or denied any right or
privilege, for:
(1) Advising a qualifying patient about the risks and benefits of medical use of marijuana or that the qualifying patient
may benefit from the medical use of marijuana where such
use is within a professional standard of care or in the individual physician’s medical judgment; or
(2) Providing a qualifying patient with valid documentation, based upon the physician’s assessment of the qualifying
patient’s medical history and current medical condition, that
the potential benefits of the medical use of marijuana would
likely outweigh the health risks for the particular qualifying
patient. [1999 c 2 § 4 (Initiative Measure No. 692, approved
November 3, 1998).]
69.51A.040
69.51A.040 Qualifying patients’ affirmative defense.
(1) If charged with a violation of state law relating to marijuana, any qualifying patient who is engaged in the medical
use of marijuana, or any designated primary caregiver who
assists a qualifying patient in the medical use of marijuana,
will be deemed to have established an affirmative defense to
such charges by proof of his or her compliance with the
requirements provided in this chapter. Any person meeting
the requirements appropriate to his or her status under this
chapter shall be considered to have engaged in activities permitted by this chapter and shall not be penalized in any manner, or denied any right or privilege, for such actions.
(2) The qualifying patient, if eighteen years of age or
older, shall:
(a) Meet all criteria for status as a qualifying patient;
(b) Possess no more marijuana than is necessary for the
patient’s personal, medical use, not exceeding the amount
necessary for a sixty-day supply; and
(2006 Ed.)
Imitation Controlled Substances
(c) Present his or her valid documentation to any law
enforcement official who questions the patient regarding his
or her medical use of marijuana.
(3) The qualifying patient, if under eighteen years of age,
shall comply with subsection (2)(a) and (c) of this section.
However, any possession under subsection (2)(b) of this section, as well as any production, acquisition, and decision as to
dosage and frequency of use, shall be the responsibility of the
parent or legal guardian of the qualifying patient.
(4) The designated primary caregiver shall:
(a) Meet all criteria for status as a primary caregiver to a
qualifying patient;
(b) Possess, in combination with and as an agent for the
qualifying patient, no more marijuana than is necessary for
the patient’s personal, medical use, not exceeding the amount
necessary for a sixty-day supply;
(c) Present a copy of the qualifying patient’s valid documentation required by this chapter, as well as evidence of
designation to act as primary caregiver by the patient, to any
law enforcement official requesting such information;
(d) Be prohibited from consuming marijuana obtained
for the personal, medical use of the patient for whom the individual is acting as primary caregiver; and
(e) Be the primary caregiver to only one patient at any
one time. [1999 c 2 § 5 (Initiative Measure No. 692,
approved November 3, 1998).]
69.51A.050
69.51A.050 Medical marijuana, lawful possession—
State not liable. (1) The lawful possession or manufacture
of medical marijuana as authorized by this chapter shall not
result in the forfeiture or seizure of any property.
(2) No person shall be prosecuted for constructive possession, conspiracy, or any other criminal offense solely for
being in the presence or vicinity of medical marijuana or its
use as authorized by this chapter.
(3) The state shall not be held liable for any deleterious
outcomes from the medical use of marijuana by any qualifying patient. [1999 c 2 § 7 (Initiative Measure No. 692,
approved November 3, 1998).]
69.51A.060
69.51A.060 Crimes—Limitations of chapter. (1) It
shall be a misdemeanor to use or display medical marijuana
in a manner or place which is open to the view of the general
public.
(2) Nothing in this chapter requires any health insurance
provider to be liable for any claim for reimbursement for the
medical use of marijuana.
(3) Nothing in this chapter requires any physician to
authorize the use of medical marijuana for a patient.
(4) Nothing in this chapter requires any accommodation
of any medical use of marijuana in any place of employment,
in any school bus or on any school grounds, or in any youth
center.
(5) It is a class C felony to fraudulently produce any
record purporting to be, or tamper with the content of any
record for the purpose of having it accepted as, valid documentation under RCW 69.51A.010(5)(a).
(6) No person shall be entitled to claim the affirmative
defense provided in RCW 69.51A.040 for engaging in the
medical use of marijuana in a way that endangers the health
(2006 Ed.)
69.52.010
or well-being of any person through the use of a motorized
vehicle on a street, road, or highway. [1999 c 2 § 8 (Initiative
Measure No. 692, approved November 3, 1998).]
69.51A.070 Addition of medical conditions. The
Washington state medical quality assurance board [commission], or other appropriate agency as designated by the governor, shall accept for consideration petitions submitted by
physicians or patients to add terminal or debilitating conditions to those included in this chapter. In considering such
petitions, the Washington state medical quality assurance
board [commission] shall include public notice of, and an
opportunity to comment in a public hearing upon, such petitions. The Washington state medical quality assurance board
[commission] shall, after hearing, approve or deny such petitions within one hundred eighty days of submission. The
approval or denial of such a petition shall be considered a
final agency action, subject to judicial review. [1999 c 2 § 9
(Initiative Measure No. 692, approved November 3, 1998).]
69.51A.070
69.51A.900 Short title—1999 c 2. This chapter may be
known and cited as the Washington state medical use of marijuana act. [1999 c 2 § 1 (Initiative Measure No. 692,
approved November 3, 1998).]
69.51A.900
69.51A.901 Severability—1999 c 2. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1999 c 2 § 10 (Initiative Measure No. 692, approved
November 3, 1998).]
69.51A.901
69.51A.902 Captions not law—1999 c 2. Captions
used in this chapter are not any part of the law. [1999 c 2 §
11 (Initiative Measure No. 692, approved November 3,
1998).]
69.51A.902
Chapter 69.52 RCW
IMITATION CONTROLLED SUBSTANCES
Chapter 69.52
Sections
69.52.010
69.52.020
69.52.030
69.52.040
69.52.045
69.52.050
69.52.060
69.52.070
69.52.900
69.52.901
Legislative findings.
Definitions.
Violations—Exceptions.
Seizure of contraband.
Seizure at rental premises—Notification of landlord.
Injunctive action by attorney general authorized.
Injunctive or other legal action by manufacturer of controlled
substances authorized.
Violations—Juvenile driving privileges.
Severability—1982 c 171.
Effective date—1982 c 171.
Drug nuisances—Injunctions: Chapter 7.43 RCW.
69.52.010 Legislative findings. The legislature finds
that imitation controlled substances are being manufactured
to imitate the appearance of the dosage units of controlled
substances for sale to school age youths and others to facilitate the fraudulent sale of controlled substances. The legislature further finds that manufacturers are endeavoring to profit
from the manufacture of these imitation controlled substances while avoiding liability by accurately labeling the
containers or packaging which contain these imitation con69.52.010
[Title 69 RCW—page 93]
69.52.020
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
trolled substances. The close similarity of appearance
between dosage units of imitation controlled substances and
controlled substances is indicative of a deliberate and wilful
attempt to profit by deception without regard to the tragic
human consequences. The use of imitation controlled substances is responsible for a growing number of injuries and
deaths, and the legislature hereby declares that this chapter is
necessary for the protection and preservation of the public
health and safety. [1982 c 171 § 2.]
(5) No prosecution under this chapter shall be dismissed
solely by reason of the fact that the dosage units were contained in a bottle or other container with a label accurately
describing the ingredients of the imitation controlled substance dosage units. The good faith of the defendant shall be
an issue of fact for the trier of fact. [1983 1st ex.s. c 4 § 5;
1982 c 171 § 4.]
*Reviser’s note: The reference to RCW 69.50.101(t) is erroneous.
"Practitioner" is defined in (w) of that section.
Severability—1983 1st ex.s. c 4: See note following RCW 9A.48.070.
69.52.020
69.52.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Controlled substance" means a substance as that
term is defined in chapter 69.50 RCW.
(2) "Distribute" means the actual or constructive transfer
(or attempted transfer) or delivery or dispensing to another of
an imitation controlled substance.
(3) "Imitation controlled substance" means a substance
that is not a controlled substance, but which by appearance or
representation would lead a reasonable person to believe that
the substance is a controlled substance. Appearance includes,
but is not limited to, color, shape, size, and markings of the
dosage unit. Representation includes, but is not limited to,
representations or factors of the following nature:
(a) Statements made by an owner or by anyone else in
control of the substance concerning the nature of the substance, or its use or effect;
(b) Statements made to the recipient that the substance
may be resold for inordinate profit; or
(c) Whether the substance is packaged in a manner normally used for illicit controlled substances.
(4) "Manufacture" means the production, preparation,
compounding, processing, encapsulating, packaging or
repackaging, or labeling or relabeling of an imitation controlled substance. [1982 c 171 § 3.]
69.52.030
69.52.030 Violations—Exceptions. (1) It is unlawful
for any person to manufacture, distribute, or possess with
intent to distribute, an imitation controlled substance. Any
person who violates this subsection shall, upon conviction, be
guilty of a class C felony.
(2) Any person eighteen years of age or over who violates subsection (1) of this section by distributing an imitation
controlled substance to a person under eighteen years of age
is guilty of a class B felony.
(3) It is unlawful for any person to cause to be placed in
any newspaper, magazine, handbill, or other publication, or
to post or distribute in any public place, any advertisement or
solicitation offering for sale imitation controlled substances.
Any person who violates this subsection is guilty of a class C
felony.
(4) No civil or criminal liability shall be imposed by virtue of this chapter on any person registered under the Uniform Controlled Substances Act pursuant to RCW 69.50.301
or 69.50.303 who manufactures, distributes, or possesses an
imitation controlled substance for use as a placebo or other
use by a registered practitioner, as defined in *RCW
69.50.101(t), in the course of professional practice or
research.
[Title 69 RCW—page 94]
69.52.040
69.52.040 Seizure of contraband. Imitation controlled
substances shall be subject to seizure, forfeiture, and disposition in the same manner as are controlled substances under
RCW 69.50.505. [1982 c 171 § 5.]
69.52.045
69.52.045 Seizure at rental premises—Notification of
landlord. Whenever an imitation controlled substance
which is manufactured, distributed, or possessed in violation
of this chapter is seized at rental premises, the law enforcement agency shall make a reasonable attempt to discover the
identity of the landlord and shall notify the landlord in writing, at the last address listed in the property tax records and at
any other address known to the law enforcement agency, of
the seizure and the location of the seizure. [1988 c 150 § 10.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
69.52.050
69.52.050 Injunctive action by attorney general
authorized. The attorney general is authorized to apply for
injunctive action against a manufacturer or distributor of imitation controlled substances in this state. [1982 c 171 § 6.]
69.52.060
69.52.060 Injunctive or other legal action by manufacturer of controlled substances authorized. Any manufacturer of controlled substances licensed or registered in a
state requiring such licensure or registration, may bring
injunctive or other action against a manufacturer or distributor of imitation controlled substances in this state. [1982 c
171 § 7.]
69.52.070
69.52.070 Violations—Juvenile driving privileges.
(1) If a juvenile thirteen years of age or older and under the
age of twenty-one is found by a court to have committed any
offense that is a violation of this chapter, the court shall notify
the department of licensing within twenty-four hours after
entry of the judgment.
(2) Except as otherwise provided in subsection (3) of this
section, upon petition of a juvenile whose privilege to drive
has been revoked pursuant to RCW 46.20.265, the court may
at any time the court deems appropriate notify the department
of licensing to reinstate the juvenile’s privilege to drive.
(3) If the conviction is for the juvenile’s first violation of
this chapter or chapter 66.44, 69.41, or 69.50 RCW, the juvenile may not petition the court for reinstatement of the juvenile’s privilege to drive revoked pursuant to RCW 46.20.265
until the later of ninety days after the date the juvenile turns
sixteen or ninety days after the judgment was entered. If the
conviction was for the juvenile’s second or subsequent violation of this chapter or chapter 66.44, 69.41, or 69.50 RCW,
(2006 Ed.)
Use of Buildings for Unlawful Drugs
the juvenile may not petition the court for reinstatement of
the juvenile’s privilege to drive revoked pursuant to RCW
46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered. [1989 c
271 § 121; 1988 c 148 § 6.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
69.52.900
69.52.900 Severability—1982 c 171. If any provision
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances
is not affected. [1982 c 171 § 8.]
69.52.901
69.52.901 Effective date—1982 c 171. This act shall
take effect on July 1, 1982. [1982 c 171 § 10.]
Chapter 69.53 RCW
USE OF BUILDINGS FOR UNLAWFUL DRUGS
Chapter 69.53
Sections
69.53.010
69.53.020
69.53.030
Unlawful use of building for drug purposes—Liability of
owner or manager—Penalty.
Unlawful fortification of building for drug purposes—Penalty.
Unlawful use of fortified building—Penalty.
69.55.020
69.41 RCW, or imitation controlled substance under chapter
69.52 RCW.
(2) It shall be a defense for an owner, manager, or other
person in control pursuant to subsection (1) of this section to,
in good faith, notify a law enforcement agency of suspected
drug activity pursuant to subsection (1) of this section, or to
process an unlawful detainer action for drug-related activity
against the tenant or occupant.
(3) A violation of this section is a class C felony punishable under chapter 9A.20 RCW. [1988 c 150 § 14; 1987 c
458 § 8.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
Severability—1987 c 458: See note following RCW 48.21.160.
69.53.030
69.53.030 Unlawful use of fortified building—Penalty. (1) It is unlawful for any person to use a building, room,
space, or enclosure specifically designed to suppress law
enforcement entry in order to unlawfully manufacture,
deliver, sell, store, or give away any controlled substance
under chapter 69.50 RCW, legend drug under chapter 69.41
RCW, or imitation controlled substance under chapter 69.52
RCW.
(2) A violation of this section is a class C felony punishable under chapter 9A.20 RCW. [1987 c 458 § 9.]
Severability—1987 c 458: See note following RCW 48.21.160.
69.53.010
69.53.010 Unlawful use of building for drug purposes—Liability of owner or manager—Penalty. (1) It is
unlawful for any person who has under his or her management or control any building, room, space, or enclosure,
either as an owner, lessee, agent, employee, or mortgagee, to
knowingly rent, lease, or make available for use, with or
without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, delivering,
selling, storing, or giving away any controlled substance
under chapter 69.50 RCW, legend drug under chapter 69.41
RCW, or imitation controlled substance under chapter 69.52
RCW.
(2) It shall be a defense for an owner, manager, or other
person in control pursuant to subsection (1) of this section to,
in good faith, notify a law enforcement agency of suspected
drug activity pursuant to subsection (1) of this section, or to
process an unlawful detainer action for drug-related activity
against the tenant or occupant.
(3) A violation of this section is a class C felony punishable under chapter 9A.20 RCW. [1988 c 150 § 13; 1987 c
458 § 7.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
Severability—1987 c 458: See note following RCW 48.21.160.
69.53.020
69.53.020 Unlawful fortification of building for drug
purposes—Penalty. (1) It is unlawful for any person who
has under his or her management or control any building,
room, space, or enclosure, either as an owner, lessee, agent,
employee, or mortgagee, to knowingly allow the building,
room, space, or enclosure to be fortified to suppress law
enforcement entry in order to further the unlawful manufacture, delivery, sale, storage, or gift of any controlled substance under chapter 69.50 RCW, legend drug under chapter
(2006 Ed.)
Chapter 69.55
Chapter 69.55 RCW
AMMONIA
(Formerly: Anhydrous ammonia)
Sections
69.55.010
69.55.020
69.55.030
Theft of ammonia.
Unlawful storage of ammonia.
Damages—Liability.
69.55.010
69.55.010 Theft of ammonia. (1) A person who, with
intent to deprive the owner or owner’s agent, wrongfully
obtains pressurized ammonia gas or pressurized ammonia gas
solution, is guilty of theft of ammonia.
(2) Theft of ammonia is a class C felony. [2002 c 133 §
1; 2000 c 225 § 1.]
Effective date—2002 c 133: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2002]." [2002 c 133 § 5.]
Severability—2000 c 225: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2000 c 225 § 8.]
69.55.020 Unlawful storage of ammonia. A person is
guilty of the crime of unlawful storage of ammonia if the person possesses, transports, or delivers pressurized ammonia
gas or pressurized ammonia gas solution in a container that
(1) is not approved by the United States department of transportation to hold ammonia, or (2) was not constructed to meet
state and federal industrial health and safety standards for
holding ammonia. Violation of this section is a class C felony.
This section does not apply to public employees or private contractors authorized to clean up and dispose of hazard69.55.020
[Title 69 RCW—page 95]
69.55.030
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
ous waste or toxic substances under chapter 70.105 or
70.105D RCW or to solid waste haulers and their employees
who unknowingly possess, transport, or deliver pressurized
ammonia gas or pressurized ammonia gas solution during the
course of the performance of their duties. [2002 c 133 § 2;
2000 c 225 § 2.]
Effective date—2002 c 133: See note following RCW 69.55.010.
Severability—2000 c 225: See note following RCW 69.55.010.
69.55.030
69.55.030 Damages—Liability. Any damages arising
out of the unlawful possession of, storage of, or tampering
with pressurized ammonia gas or pressurized ammonia gas
solution, or pressurized ammonia gas equipment or pressurized ammonia gas solution equipment, shall be the sole
responsibility of the unlawful possessor, storer, or tamperer.
In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with pressurized
ammonia gas or pressurized ammonia gas solution, or pressurized ammonia gas equipment or pressurized ammonia gas
solution equipment, extend to the lawful owner, installer,
maintainer, designer, manufacturer, possessor, or seller of the
pressurized ammonia gas or pressurized ammonia gas solution, or pressurized ammonia gas equipment or pressurized
ammonia gas solution equipment, unless such damages arise
out of the owner, installer, maintainer, designer, manufacturer, possessor, or seller’s acts or omissions that constitute
negligent misconduct to abide by the laws regarding pressurized ammonia gas or pressurized ammonia gas solution possession and storage. [2002 c 133 § 3; 2000 c 225 § 3.]
Effective date—2002 c 133: See note following RCW 69.55.010.
Severability—2000 c 225: See note following RCW 69.55.010.
Chapter 69.60
Chapter 69.60 RCW
OVER-THE-COUNTER MEDICATIONS
Sections
69.60.010
69.60.020
69.60.030
69.60.040
69.60.050
69.60.060
69.60.070
69.60.080
69.60.090
69.60.900
69.60.901
Legislative findings.
Definitions.
Identification required.
Imprint information—Publication—Availability.
Noncompliance—Contraband—Fine.
Rules.
Imprinting requirements—Retailers and wholesalers.
Exemptions—Application by manufacturer.
Implementation of federal system—Termination of state system.
Severability—1993 c 135.
Effective date—1993 c 135.
69.60.010
69.60.010 Legislative findings. The legislature of the
state of Washington finds that:
(1) Accidental and purposeful ingestions of solid medication forms continue to be the most frequent cause of poisoning in our state;
(2) Modern treatment is dependent upon knowing the
ingredients of the ingestant;
(3) The imprinting of identifying characteristics on all
tablets, capsules, and caplets of prescription medication
forms, both trade name products and generic products, has
been extremely beneficial in our state and was accomplished
at trivial cost to the manufacturers and consumers;
(4) Although over-the-counter medications usually constitute a lower order of risk to ingestees, treatment after over[Title 69 RCW—page 96]
dose is equally dependent upon knowing the ingredients
involved, but there is no coding index uniformly used by this
class of medication;
(5) Approximately seventy percent of over-the-counter
medications in solid form already have some type of an identifier imprinted on their surfaces;
(6) While particular efforts are being instituted to prevent recurrent tampering with over-the-counter medications,
the added benefit of rapid and prompt identification of all
possible contaminated products, including over-the-counter
medications, would make for a significant improvement in
planning for appropriate tracking and monitoring programs;
(7) At the same time, health care professionals serving
the elderly find it especially advantageous to be able to identify and confirm the ingredients of their multiple medications,
including over-the-counter products, as are often consumed
by such patients;
(8) The legislature supports and encourages efforts that
are being made to establish a national, legally enforceable
system governing the imprinting of solid dosage form overthe-counter medications, which system is consistent with the
requirements of this chapter. [1989 c 247 § 1.]
69.60.020
69.60.020 Definitions. The terms defined in this section shall have the meanings indicated when used in this
chapter.
(1) "Solid dosage form" means capsules or tablets or
similar over-the-counter medication products intended for
administration and which could be ingested orally.
(2) "Over-the-counter medication" means a drug that can
be obtained without a prescription and is not restricted to use
by prescribing practitioners. For purposes of this chapter,
over-the-counter medication does not include vitamins.
(3) "Board" means the state board of pharmacy.
(4) "Purveyor" means any corporation, person, or other
entity that offers over-the-counter medications for wholesale,
retail, or other type of sale. [1989 c 247 § 3.]
69.60.030
69.60.030 Identification required. (1) No over-thecounter medication in solid dosage form may be manufactured or commercially distributed within this state unless it
has clearly marked or imprinted on it an individual symbol,
number, company name, words, letters, marking, or national
drug code number identifying the medication and the manufacturer or distributor of the medication: PROVIDED,
HOWEVER, That an over-the-counter medication which has
clearly marked or imprinted on it a distinctive logo, symbol,
product name, letters, or other identifying mark, or which by
its color, shape, or size together with a distinctive logo, symbol, product name, letters, or other mark is identifiable, shall
be deemed in compliance with the provisions of this chapter.
(2) No manufacturer may sell any over-the-counter medication in solid dosage form contained within a bottle, vial,
carton, or other container, or in any way affixed or appended
to or enclosed within a package of any kind designed or
intended for delivery in such container or package to an ultimate consumer within this state unless such container or
package has clearly and permanently marked or imprinted on
it an individual symbol, number, company name, words, letters, marking, or national drug code number identifying the
(2006 Ed.)
Food Donation and Distribution—Liability
medication and the manufacturer, packer, or distributor of the
medication. [1993 c 135 § 1; 1989 c 247 § 2.]
69.60.040
69.60.040 Imprint information—Publication—
Availability. Each manufacturer shall publish and provide to
the board printed material which will identify each current
imprint used by the manufacturer and the board shall be notified of any change. This information shall be provided by the
board to all pharmacies licensed in the state of Washington,
poison control centers, and hospital emergency rooms. [1989
c 247 § 4.]
69.60.050
69.60.050 Noncompliance—Contraband—Fine. (1)
Any over-the-counter medication prepared or manufactured
or offered for sale in violation of this chapter or implementing rules shall be contraband and subject to seizure, in the
same manner as contraband legend drugs under RCW
69.41.060.
(2) A purveyor who fails to comply with this chapter
after one notice of noncompliance by the board is subject to a
one thousand dollar civil fine for each instance of noncompliance. [1989 c 247 § 5.]
69.80.031
to exist on January 1, 1994. If the board determines that the
federal system is substantially equivalent, except that the federal dates for implementation are later than the Washington
state dates, this chapter will cease to exist when the federal
system is implemented. [1993 c 135 § 3; 1989 c 247 § 9.]
69.60.900
69.60.900 Severability—1993 c 135. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 135 § 4.]
69.60.901
69.60.901 Effective date—1993 c 135. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[April 30, 1993]. [1993 c 135 § 5.]
Chapter 69.80
Chapter 69.80 RCW
FOOD DONATION AND
DISTRIBUTION—LIABILITY
Sections
69.60.060
69.60.060 Rules. The board shall have authority to promulgate rules for the enforcement and implementation of this
chapter. [1989 c 247 § 6.]
69.60.070
69.60.070 Imprinting requirements—Retailers and
wholesalers. All over-the-counter medications manufactured in, received by, distributed to, or shipped to any retailer
or wholesaler in this state after January 1, 1994, shall meet
the requirements of this chapter. No over-the-counter medication may be sold to a consumer in this state after January 1,
1995, unless such over-the-counter medication complies with
the imprinting requirements of this chapter. [1993 c 135 § 2;
1989 c 247 § 7.]
69.80.010
69.80.020
69.80.031
69.80.040
69.80.050
69.80.060
69.80.900
Purpose.
Definitions.
Good samaritan food donation act—Definitions—Collecting,
distributing, gleaning—Liability.
Information and referral service for food donation program.
Inspection of donated food by state and local agencies—Variance.
Safe receipt, preparation, and handling of donated food—
Rules—Educational materials.
Construction.
69.80.010
69.80.010 Purpose. The purpose of this chapter is to
promote the free distribution of food to needy persons, prevent waste of food products, and provide liability protection
for persons and organizations donating or distributing such
food products. [1983 c 241 § 1.]
69.60.080
69.60.080 Exemptions—Application by manufacturer. The board, upon application of a manufacturer, may
exempt an over-the-counter drug from the requirements of
chapter 69.60 RCW on the grounds that imprinting is infeasible because of size, texture, or other unique characteristics.
[1989 c 247 § 8.]
69.60.090
69.60.090 Implementation of federal system—Termination of state system. Before January 1, 1994, the board
of pharmacy will consult with the state toxicologist to determine whether the federal government has established a
legally enforceable system that is substantially equivalent to
the requirements of this chapter that govern the imprinting of
solid dosage form over-the-counter medication. To be substantially equivalent, the effective dates for implementation
of the federal system for imprinting solid dosage form overthe-counter medication must be the same or earlier than the
dates of implementation set out in the state system for
imprinting solid dosage form over-the-counter medication. If
the board determines that the federal system for imprinting
solid dosage form over-the-counter medication is substantially equivalent to the state system for imprinting solid dosage form over-the-counter medication, this chapter will cease
(2006 Ed.)
69.80.020
69.80.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Distributing organization" means a charitable nonprofit organization under section 501(c) of the federal internal revenue code which distributes food free of charge and
includes any nonprofit organization that distributes food free
of charge to other nonprofit organizations or to the public.
(2) "Donor" means a person, corporation, association, or
other organization which donates food to a distributing organization. "Donor" includes, but is not limited to, farmers, processors, distributors, wholesalers, and retailers of food.
"Donor" also includes persons who harvest agricultural crops
or perishable foods which have been donated by the owner to
a distributing organization.
(3) "Food" means food products for human consumption
as defined in RCW 69.04.008. [1983 c 241 § 2.]
69.80.031
69.80.031 Good samaritan food donation act—Definitions—Collecting, distributing, gleaning—Liability. (1)
This section may be cited as the "good samaritan food donation act."
[Title 69 RCW—page 97]
69.80.040
Title 69 RCW: Food, Drugs, Cosmetics, and Poisons
(2) As used in this section:
(a) "Apparently fit grocery product" means a grocery
product that meets all quality and labeling standards imposed
by federal, state, and local laws and regulations even though
the product may not be readily marketable due to appearance,
age, freshness, grade, size, surplus, or other conditions.
(b) "Apparently wholesome food" means food that meets
all quality and labeling standards imposed by federal, state,
and local laws and regulations even though the food may not
be readily marketable due to appearance, age, freshness,
grade, size, surplus, or other conditions.
(c) "Donate" means to give without requiring anything of
monetary value from the recipient, except that the term shall
include giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if
the ultimate recipient or user is not required to give anything
of monetary value.
(d) "Food" means a raw, cooked, processed, or prepared
edible substance, ice, beverage, or ingredient used or
intended for use in whole or in part for human consumption.
(e) "Gleaner" means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural
crop that has been donated by the owner.
(f) "Grocery product" means a nonfood grocery product,
including a disposable paper or plastic product, household
cleaning product, laundry detergent, cleaning product, or
miscellaneous household item.
(g) "Gross negligence" means voluntary and conscious
conduct by a person with knowledge, at the time of the conduct, that the conduct is likely to be harmful to the health or
well-being of another person.
(h) "Intentional misconduct" means conduct by a person
with knowledge, at the time of the conduct, that the conduct
is harmful to the health or well-being of another person.
(i) "Nonprofit organization" means an incorporated or
unincorporated entity that:
(i) Is operating for religious, charitable, or educational
purposes; and
(ii) Does not provide net earnings to, or operate in any
other manner that inures to the benefit of, any officer,
employee, or shareholder of the entity.
(j) "Person" means an individual, corporation, partnership, organization, association, or governmental entity,
including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term
includes an officer, director, partner, deacon, trustee, councilmember, or other elected or appointed individual responsible for the governance of the entity.
(3) A person or gleaner is not subject to civil or criminal
liability arising from the nature, age, packaging, or condition
of apparently wholesome food or an apparently fit grocery
product that the person or gleaner donates in good faith to a
nonprofit organization for ultimate distribution to needy individuals, except that this subsection does not apply to an
injury to or death of an ultimate user or recipient of the food
or grocery product that results from an act or omission of the
[Title 69 RCW—page 98]
donor constituting gross negligence or intentional misconduct.
(4) A person who allows the collection or gleaning of
donations on property owned or occupied by the person by
gleaners, or paid or unpaid representatives of a nonprofit
organization, for ultimate distribution to needy individuals is
not subject to civil or criminal liability that arises due to the
injury or death of the gleaner or representative, except that
this subsection does not apply to an injury or death that
results from an act or omission of the person constituting
gross negligence or intentional misconduct.
(5) If some or all of the donated food and grocery products do not meet all quality and labeling standards imposed
by federal, state, and local laws and regulations, the person or
gleaner who donates the food and grocery products is not
subject to civil or criminal liability in accordance with this
section if the nonprofit organization that receives the donated
food or grocery products:
(a) Is informed by the donor of the distressed or defective condition of the donated food or grocery products;
(b) Agrees to recondition the donated food or grocery
products to comply with all the quality and labeling standards
prior to distribution; and
(c) Is knowledgeable of the standards to properly recondition the donated food or grocery product.
(6) This section may not be construed to create liability.
[1994 c 299 § 36.]
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
69.80.040
69.80.040 Information and referral service for food
donation program. The department of agriculture shall
maintain an information and referral service for persons and
organizations that have notified the department of their desire
to participate in the food donation program under this chapter. [1983 c 241 § 4.]
69.80.050
69.80.050 Inspection of donated food by state and
local agencies—Variance. (1) Appropriate state and local
agencies are authorized to inspect donated food items for
wholesomeness and may establish procedures for the handling of food items.
(2) To facilitate the free distribution of food to needy
persons, the local health officer, upon request from either a
donor or distributing organization, may grant a variance to
chapter 246-215 WAC covering physical facilities, equipment standards, and food source requirements when no
known or expected health hazard would exist as a result of
the action. [2002 c 217 § 3; 1983 c 241 § 6.]
Effective date—2002 c 217 § 3: "Section 3 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [March 28, 2002]." [2002 c 217 § 4.]
Finding—Purpose—2002 c 217: "The legislature finds and declares
that the distribution of food by donors to charitable organizations, such as
shelters, churches, and fraternal organizations, serving communal meals to
needy individuals can be done safely consistent with rules and recommended
health and safety guidelines. The establishment of recommended donor
guidelines by the department of health can educate the public about the preparation and handling of food donated to charitable organizations for distribution to homeless and other needy people. The purpose of this act is to authorize and facilitate the donation of food to needy persons in accordance with
health and safety guidelines and rules, to assure that the donated food will
(2006 Ed.)
Kosher Food Products
not place needy recipients at risk, and to encourage businesses and individuals to donate surplus food to charitable organizations serving our state’s
needy population." [2002 c 217 § 1.]
69.90.900
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
69.90.030 Violation of chapter is violation of consumer protection act. A violation of this chapter shall constitute a violation of the consumer protection act, chapter
19.86 RCW. [1985 c 127 § 4.]
69.90.030
69.80.060
69.80.060 Safe receipt, preparation, and handling of
donated food—Rules—Educational materials. (1) No
later than December 31, 2004, the state board of health shall
promulgate rules for the safe receipt, preparation, and handling by distributing organizations of food accepted from
donors in order to facilitate the donation of food, free of
charge, and to protect the health and safety of needy people.
(2) No later than December 31, 2004, the department of
health, in consultation with the state board of health, shall
develop educational materials for donors containing recommended health and safety guidelines for the preparation and
handling of food donated to distributing organizations. [2002
c 217 § 2.]
69.90.900 Short title. This chapter shall be known as
the sale of kosher food products act of 1985. [1985 c 127 §
1.]
69.90.900
Finding—Purpose—2002 c 217: See note following RCW 69.80.050.
69.80.900
69.80.900 Construction. Nothing in this chapter may
be construed to create any liability of, or penalty against a
donor or distributing organization except as provided in
RCW 69.80.031. [1994 c 299 § 38; 1983 c 241 § 5.]
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
Chapter 69.90
Chapter 69.90 RCW
KOSHER FOOD PRODUCTS
Sections
69.90.010
69.90.020
69.90.030
69.90.900
Definitions.
Sale of "kosher" and "kosher style" food products prohibited if
not kosher—Representations—Penalty.
Violation of chapter is violation of consumer protection act.
Short title.
Organic food products: Chapter 15.86 RCW.
69.90.010
69.90.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Food product" includes any article other than drugs,
whether in raw or prepared form, liquid or solid, or packaged
or unpackaged, and which is used for human consumption.
(2) "Kosher" means a food product which has been prepared, processed, manufactured, maintained, and sold in
accordance with the requisites of traditional Jewish dietary
law.
(3) "Person" includes individuals, partnerships, corporations, and associations. [1985 c 127 § 2.]
69.90.020
69.90.020 Sale of "kosher" and "kosher style" food
products prohibited if not kosher—Representations—
Penalty. (1) No person may knowingly sell or offer for sale
any food product represented as "kosher" or "kosher style"
when that person knows that the food product is not kosher
and when the representation is likely to cause a prospective
purchaser to believe that it is kosher. Such a representation
can be made orally or in writing, or by display of a sign,
mark, insignia, or simulation.
(2) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 349; 1985 c 127 § 3.]
(2006 Ed.)
[Title 69 RCW—page 99]
Title 70
Title 70
PUBLIC HEALTH AND SAFETY
Chapters
70.01
General provisions.
70.02
Medical records—Health care information
access and disclosure.
70.05
Local health departments, boards, officers—
Regulations.
70.08
Combined city-county health departments.
70.10
Comprehensive community health centers.
70.12
Public health funds.
70.14
Health care services purchased by state agencies.
70.22
Mosquito control.
70.24
Control and treatment of sexually transmitted
diseases.
70.26
Pandemic influenza preparedness.
70.28
Control of tuberculosis.
70.30
Tuberculosis hospitals, facilities, and funding.
70.37
Health care facilities.
70.38
Health planning and development.
70.40
Hospital and medical facilities survey and construction act.
70.41
Hospital licensing and regulation.
70.42
Medical test sites.
70.43
Hospital staff membership or privileges.
70.44
Public hospital districts.
70.45
Acquisition of nonprofit hospitals.
70.46
Health districts.
70.47
Basic health plan—Health care access act.
70.47A
Small employer health insurance partnership
program.
70.48
City and county jails act.
70.48A
Jail improvement and construction—Bond
issue.
70.50
State otologist.
70.54
Miscellaneous health and safety provisions.
70.56
Adverse health events and incident reporting
system.
70.58
Vital statistics.
70.62
Transient accommodations—Licensing—
Inspections.
70.74
Washington state explosives act.
70.75
Fire fighting equipment—Standardization.
70.77
State fireworks law.
70.79
Boilers and unfired pressure vessels.
70.82
Cerebral palsy program.
70.83
Phenylketonuria and other preventable heritable disorders.
70.83C
Alcohol and drug use treatment associated
with pregnancy—Fetal alcohol syndrome.
70.83E
Prenatal newborn screening for exposure to
harmful drugs.
70.84
Blind, handicapped, and disabled persons—
"White cane law."
70.85
Emergency party line telephone calls—Limiting telephone communication in hostage
situations.
70.86
Earthquake standards for construction.
70.87
Elevators, lifting devices, and moving walks.
70.90
Water recreation facilities.
(2006 Ed.)
70.92
Provisions in buildings for aged and handicapped persons.
70.93
Waste reduction, recycling, and model litter
control act.
70.94
Washington clean air act.
70.95
Solid waste management—Reduction and
recycling.
70.95A
Pollution control—Municipal bonding authority.
70.95B
Domestic waste treatment plants—Operators.
70.95C
Waste reduction.
70.95D
Solid waste incinerator and landfill operators.
70.95E
Hazardous waste fees.
70.95F
Labeling of plastics.
70.95G Packages containing metals.
70.95H Clean Washington center.
70.95I
Used oil recycling.
70.95J
Municipal sewage sludge—Biosolids.
70.95K Biomedical waste.
70.95L
Detergent phosphorus content.
70.95M Mercury.
70.95N
Electronic product recycling.
70.96
Alcoholism.
70.96A
Treatment for alcoholism, intoxication, and
drug addiction.
70.96B
Integrated crisis response and involuntary
treatment—Pilot programs.
70.96C
Screening and assessment of chemical dependency and mental disorders.
70.97
Enhanced services facilities.
70.98
Nuclear energy and radiation.
70.99
Radioactive waste storage and transportation
act of 1980.
70.100
Eye protection—Public and private educational institutions.
70.102
Hazardous substance information.
70.103
Lead-based paint.
70.104
Pesticides—Health hazards.
70.105
Hazardous waste management.
70.105A Hazardous waste fees.
70.105D Hazardous waste cleanup—Model toxics control act.
70.105E Mixed radioactive and hazardous waste.
70.106
Poison prevention—Labeling and packaging.
70.107
Noise control.
70.108
Outdoor music festivals.
70.110
Flammable fabrics—Children’s sleepwear.
70.111
Infant crib safety act.
70.112
Family medicine—Education and residency
programs.
70.114
Migrant labor housing.
70.114A Temporary worker housing—Health and
safety regulation.
70.115
Drug injection devices.
70.116
Public water system coordination act of 1977.
70.118
On-site sewage disposal systems.
70.118A On-site sewage disposal systems—Marine
recovery areas.
70.119
Public water supply systems—Operators.
[Title 70 RCW—page 1]
Chapter 70.01
Title 70 RCW: Public Health and Safety
70.119A
Public water systems—Penalties and compliance.
70.120
Motor vehicle emission control.
70.120A Motor vehicle emission standards.
70.121
Mill tailings—Licensing and perpetual care.
70.122
Natural death act.
70.123
Shelters for victims of domestic violence.
70.124
Abuse of patients.
70.125
Victims of sexual assault act.
70.126
Home health care and hospice care.
70.127
In-home services agencies.
70.128
Adult family homes.
70.129
Long-term care resident rights.
70.132
Beverage containers.
70.136
Hazardous materials incidents.
70.138
Incinerator ash residue.
70.140
Area-wide soil contamination.
70.142
Chemical contaminants and water quality.
70.146
Water pollution control facilities financing.
70.148
Underground petroleum storage tanks.
70.149
Heating oil pollution liability protection act.
70.150
Water quality joint development act.
70.155
Tobacco—Access to minors.
70.157
National uniform tobacco settlement—Nonparticipating tobacco product manufacturers.
70.158
Tobacco product manufacturers.
70.160
Smoking in public places.
70.162
Indoor air quality in public buildings.
70.164
Low-income residential weatherization program.
70.168
Statewide trauma care system.
70.170
Health data and charity care.
70.175
Rural health system project.
70.180
Rural health care.
70.185
Rural and underserved areas—Health care
professional recruitment and retention.
70.190
Family policy council.
70.195
Early intervention services—Birth to six.
70.198
Early intervention services—Hearing loss.
70.200
Donations for children.
70.210
Investing in innovation grants program.
70.220
Washington academy of sciences.
Asbestos, regulation of use: Chapter 49.26 RCW.
Autopsies, post mortems: Chapter 68.50 RCW.
Board of health and bureau of vital statistics authorized: State Constitution
Art. 20 § 1.
Child labor: Chapter 49.12 RCW.
Civil defense: Chapter 38.52 RCW.
Control of pet animals infected with diseases communicable to humans:
Chapter 16.70 RCW.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Dangerous caustic and corrosive substances: Chapter 69.36 RCW.
Department of social and health services: Chapter 43.20A RCW.
Electricians and electrical installations: Chapter 19.28 RCW.
Fire protection board, state: Chapter 43.44 RCW.
Food processing act: Chapter 69.07 RCW.
Health care service contractors: Chapter 48.44 RCW.
Health measures in public schools: Chapter 28A.210 RCW, RCW
28A.210.300.
Immunization program, local health department participation: RCW
28A.210.060 through 28A.210.170.
Industrial safety and health: Chapter 49.17 RCW.
Inhaling toxic fumes: Chapter 9.47A RCW.
[Title 70 RCW—page 2]
Milk and milk products for animal food: Chapter 15.37 RCW.
Natural gas, regulations: RCW 80.28.210.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Regulation of passenger watercraft for hire: Chapter 88.04 RCW.
Rural public hospital districts: RCW 70.44.450.
Safety in coal mines: Title 78 RCW.
Safety with respect to electrical construction: Chapter 19.29 RCW.
Sale or gift of tobacco to minor is gross misdemeanor: RCW 26.28.080.
Sanitary control of shellfish: Chapter 69.30 RCW.
Social and health services, department of: Chapter 43.20A RCW.
State board of health: Chapter 43.20 RCW.
State coordinator of search and rescue operations: RCW 38.52.030.
State patrol: Chapter 43.43 RCW.
Water pollution control: Chapter 90.48 RCW.
Chapter 70.01
Chapter 70.01 RCW
GENERAL PROVISIONS
Sections
70.01.010
70.01.020
Cooperation with federal government—Construction.
Donation of blood by person eighteen or over without parental
consent authorized.
70.01.010
70.01.010 Cooperation with federal government—
Construction. In furtherance of the policy of this state to
cooperate with the federal government in the public health
programs, the department of social and health services shall
adopt such rules and regulations as may become necessary to
entitle this state to participate in federal funds unless the same
be expressly prohibited by law. Any section or provision of
the public health laws of this state which may be susceptible
to more than one construction shall be interpreted in favor of
the construction most likely to satisfy federal laws entitling
this state to receive federal funds for the various programs of
public health. [1985 c 213 § 14; 1969 ex.s. c 25 § 1; 1967
ex.s. c 102 § 12.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
70.01.020
70.01.020 Donation of blood by person eighteen or
over without parental consent authorized. Any person of
the age of eighteen years or over shall be eligible to donate
blood in any voluntary and noncompensatory blood program
without the necessity of obtaining parental permission or
authorization. [1969 c 51 § 1.]
Chapter 70.02 RCW
MEDICAL RECORDS—HEALTH CARE
INFORMATION ACCESS AND DISCLOSURE
Chapter 70.02
Sections
70.02.005
70.02.010
70.02.020
70.02.030
70.02.040
70.02.045
70.02.050
70.02.060
70.02.070
Findings.
Definitions.
Disclosure by health care provider.
Patient authorization of disclosure.
Patient’s revocation of authorization for disclosure.
Third-party payor release of information.
Disclosure without patient’s authorization.
Discovery request or compulsory process.
Certification of record.
(2006 Ed.)
Medical Records—Health Care Information Access and Disclosure
70.02.080
70.02.090
70.02.100
70.02.110
70.02.120
70.02.130
70.02.140
70.02.150
70.02.160
70.02.170
70.02.180
70.02.900
70.02.901
70.02.902
70.02.903
70.02.904
Patient’s examination and copying—Requirements.
Patient’s request—Denial of examination and copying.
Correction or amendment of record.
Correction or amendment or statement of disagreement—Procedure.
Notice of information practices—Display conspicuously.
Consent by others—Health care representatives.
Representative of deceased patient.
Security safeguards.
Retention of record.
Civil remedies.
Licensees under chapter 18.225 RCW—Subject to chapter.
Conflicting laws.
Application and construction—1991 c 335.
Short title.
Severability—1991 c 335.
Captions not law—1991 c 335.
Record retention by hospitals: RCW 70.41.190.
70.02.005
70.02.005 Findings. The legislature finds that:
(1) Health care information is personal and sensitive
information that if improperly used or released may do significant harm to a patient’s interests in privacy, health care, or
other interests.
(2) Patients need access to their own health care information as a matter of fairness to enable them to make informed
decisions about their health care and correct inaccurate or
incomplete information about themselves.
(3) In order to retain the full trust and confidence of
patients, health care providers have an interest in assuring
that health care information is not improperly disclosed and
in having clear and certain rules for the disclosure of health
care information.
(4) Persons other than health care providers obtain, use,
and disclose health record information in many different contexts and for many different purposes. It is the public policy
of this state that a patient’s interest in the proper use and disclosure of the patient’s health care information survives even
when the information is held by persons other than health
care providers.
(5) The movement of patients and their health care information across state lines, access to and exchange of health
care information from automated data banks, and the emergence of multistate health care providers creates a compelling
need for uniform law, rules, and procedures governing the
use and disclosure of health care information. [1991 c 335 §
101.]
70.02.010
70.02.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not
employed by or affiliated with the provider to determine
compliance with:
(a) Statutory, regulatory, fiscal, medical, or scientific
standards;
(b) A private or public program of payments to a health
care provider; or
(c) Requirements for licensing, accreditation, or certification.
(2) "Directory information" means information disclosing the presence, and for the purpose of identification, the
name, location within a health care facility, and the general
health condition of a particular patient who is a patient in a
(2006 Ed.)
70.02.010
health care facility or who is currently receiving emergency
health care in a health care facility.
(3) "Federal, state, or local law enforcement authorities"
means an officer of any agency or authority in the United
States, a state, a tribe, a territory, or a political subdivision of
a state, a tribe, or a territory who is empowered by law to: (a)
Investigate or conduct an official inquiry into a potential
criminal violation of law; or (b) prosecute or otherwise conduct a criminal proceeding arising from an alleged violation
of law.
(4) "General health condition" means the patient’s health
status described in terms of "critical," "poor," "fair," "good,"
"excellent," or terms denoting similar conditions.
(5) "Health care" means any care, service, or procedure
provided by a health care provider:
(a) To diagnose, treat, or maintain a patient’s physical or
mental condition; or
(b) That affects the structure or any function of the
human body.
(6) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health
care provider provides health care to patients.
(7) "Health care information" means any information,
whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient
and directly relates to the patient’s health care, including a
patient’s deoxyribonucleic acid and identified sequence of
chemical base pairs. The term includes any required accounting of disclosures of health care information.
(8) "Health care operations" means any of the following
activities of a health care provider, health care facility, or
third-party payor to the extent that the activities are related to
functions that make an entity a health care provider, a health
care facility, or a third-party payor:
(a) Conducting: Quality assessment and improvement
activities, including outcomes evaluation and development of
clinical guidelines, if the obtaining of generalizable knowledge is not the primary purpose of any studies resulting from
such activities; population-based activities relating to
improving health or reducing health care costs, protocol
development, case management and care coordination, contacting of health care providers and patients with information
about treatment alternatives; and related functions that do not
include treatment;
(b) Reviewing the competence or qualifications of health
care professionals, evaluating practitioner and provider performance and third-party payor performance, conducting
training programs in which students, trainees, or practitioners
in areas of health care learn under supervision to practice or
improve their skills as health care providers, training of nonhealth care professionals, accreditation, certification, licensing, or credentialing activities;
(c) Underwriting, premium rating, and other activities
relating to the creation, renewal, or replacement of a contract
of health insurance or health benefits, and ceding, securing,
or placing a contract for reinsurance of risk relating to claims
for health care, including stop-loss insurance and excess of
loss insurance, if any applicable legal requirements are met;
(d) Conducting or arranging for medical review, legal
services, and auditing functions, including fraud and abuse
detection and compliance programs;
[Title 70 RCW—page 3]
70.02.010
Title 70 RCW: Public Health and Safety
(e) Business planning and development, such as conducting cost-management and planning-related analyses
related to managing and operating the health care facility or
third-party payor, including formulary development and
administration, development, or improvement of methods of
payment or coverage policies; and
(f) Business management and general administrative
activities of the health care facility, health care provider, or
third-party payor including, but not limited to:
(i) Management activities relating to implementation of
and compliance with the requirements of this chapter;
(ii) Customer service, including the provision of data
analyses for policy holders, plan sponsors, or other customers, provided that health care information is not disclosed to
such policy holder, plan sponsor, or customer;
(iii) Resolution of internal grievances;
(iv) The sale, transfer, merger, or consolidation of all or
part of a health care provider, health care facility, or thirdparty payor with another health care provider, health care
facility, or third-party payor or an entity that following such
activity will become a health care provider, health care facility, or third-party payor, and due diligence related to such
activity; and
(v) Consistent with applicable legal requirements, creating deidentified health care information or a limited dataset
and fund-raising for the benefit of the health care provider,
health care facility, or third-party payor.
(9) "Health care provider" means a person who is
licensed, certified, registered, or otherwise authorized by the
law of this state to provide health care in the ordinary course
of business or practice of a profession.
(10) "Institutional review board" means any board, committee, or other group formally designated by an institution,
or authorized under federal or state law, to review, approve
the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of
human research subjects.
(11) "Maintain," as related to health care information,
means to hold, possess, preserve, retain, store, or control that
information.
(12) "Patient" means an individual who receives or has
received health care. The term includes a deceased individual who has received health care.
(13) "Payment" means:
(a) The activities undertaken by:
(i) A third-party payor to obtain premiums or to determine or fulfill its responsibility for coverage and provision of
benefits by the third-party payor; or
(ii) A health care provider, health care facility, or thirdparty payor, to obtain or provide reimbursement for the provision of health care; and
(b) The activities in (a) of this subsection that relate to
the patient to whom health care is provided and that include,
but are not limited to:
(i) Determinations of eligibility or coverage, including
coordination of benefits or the determination of cost-sharing
amounts, and adjudication or subrogation of health benefit
claims;
(ii) Risk adjusting amounts due based on enrollee health
status and demographic characteristics;
[Title 70 RCW—page 4]
(iii) Billing, claims management, collection activities,
obtaining payment under a contract for reinsurance, including stop-loss insurance and excess of loss insurance, and
related health care data processing;
(iv) Review of health care services with respect to medical necessity, coverage under a health plan, appropriateness
of care, or justification of charges;
(v) Utilization review activities, including precertification and preauthorization of services, and concurrent and retrospective review of services; and
(vi) Disclosure to consumer reporting agencies of any of
the following health care information relating to collection of
premiums or reimbursement:
(A) Name and address;
(B) Date of birth;
(C) Social security number;
(D) Payment history;
(E) Account number; and
(F) Name and address of the health care provider, health
care facility, and/or third-party payor.
(14) "Person" means an individual, corporation, business
trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other
legal or commercial entity.
(15) "Reasonable fee" means the charges for duplicating
or searching the record, but shall not exceed sixty-five cents
per page for the first thirty pages and fifty cents per page for
all other pages. In addition, a clerical fee for searching and
handling may be charged not to exceed fifteen dollars. These
amounts shall be adjusted biennially in accordance with
changes in the consumer price index, all consumers, for Seattle-Tacoma metropolitan statistical area as determined by the
secretary of health. However, where editing of records by a
health care provider is required by statute and is done by the
provider personally, the fee may be the usual and customary
charge for a basic office visit.
(16) "Third-party payor" means an insurer regulated
under Title 48 RCW authorized to transact business in this
state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee
welfare benefit plan; or a state or federal health benefit program.
(17) "Treatment" means the provision, coordination, or
management of health care and related services by one or
more health care providers or health care facilities, including
the coordination or management of health care by a health
care provider or health care facility with a third party; consultation between health care providers or health care facilities
relating to a patient; or the referral of a patient for health care
from one health care provider or health care facility to
another. [2006 c 235 § 2; 2005 c 468 § 1; 2002 c 318 § 1;
1993 c 448 § 1; 1991 c 335 § 102.]
Reviser’s note: For charges or fees under subsection (15) of this section as adjusted by the secretary of health, see chapter 246-08 WAC.
Purpose—Effective date—2006 c 235: See notes following RCW
70.02.050.
Effective date—1993 c 448: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 448 § 9.]
(2006 Ed.)
Medical Records—Health Care Information Access and Disclosure
70.02.020 Disclosure by health care provider. (1)
Except as authorized in RCW 70.02.050, a health care provider, an individual who assists a health care provider in the
delivery of health care, or an agent and employee of a health
care provider may not disclose health care information about
a patient to any other person without the patient’s written
authorization. A disclosure made under a patient’s written
authorization must conform to the authorization.
(2) A patient has a right to receive an accounting of disclosures of health care information made by a health care provider or a health care facility in the six years before the date
on which the accounting is requested, except for disclosures:
(a) To carry out treatment, payment, and health care
operations;
(b) To the patient of health care information about him or
her;
(c) Incident to a use or disclosure that is otherwise permitted or required;
(d) Pursuant to an authorization where the patient authorized the disclosure of health care information about himself
or herself;
(e) Of directory information;
(f) To persons involved in the patient’s care;
(g) For national security or intelligence purposes if an
accounting of disclosures is not permitted by law;
(h) To correctional institutions or law enforcement officials if an accounting of disclosures is not permitted by law;
and
(i) Of a limited data set that excludes direct identifiers of
the patient or of relatives, employers, or household members
of the patient. [2005 c 468 § 2; 1993 c 448 § 2; 1991 c 335 §
201.]
70.02.020
Effective date—1993 c 448: See note following RCW 70.02.010.
70.02.030 Patient authorization of disclosure. (1) A
patient may authorize a health care provider or health care
facility to disclose the patient’s health care information. A
health care provider or health care facility shall honor an
authorization and, if requested, provide a copy of the
recorded health care information unless the health care provider or health care facility denies the patient access to health
care information under RCW 70.02.090.
(2) A health care provider or health care facility may
charge a reasonable fee for providing the health care information and is not required to honor an authorization until the fee
is paid.
(3) To be valid, a disclosure authorization to a health
care provider or health care facility shall:
(a) Be in writing, dated, and signed by the patient;
(b) Identify the nature of the information to be disclosed;
(c) Identify the name and institutional affiliation of the
person or class of persons to whom the information is to be
disclosed;
(d) Identify the provider or class of providers who are to
make the disclosure;
(e) Identify the patient; and
(f) Contain an expiration date or an expiration event that
relates to the patient or the purpose of the use or disclosure.
(4) Unless disclosure without authorization is otherwise
permitted under RCW 70.02.050 or the federal health insurance portability and accountability act of 1996 and its imple70.02.030
(2006 Ed.)
70.02.050
menting regulations, an authorization may permit the disclosure of health care information to a class of persons that
includes:
(a) Researchers if the health care provider or health care
facility obtains the informed consent for the use of the
patient’s health care information for research purposes; or
(b) Third-party payors if the information is only disclosed for payment purposes.
(5) Except as provided by this chapter, the signing of an
authorization by a patient is not a waiver of any rights a
patient has under other statutes, the rules of evidence, or common law.
(6) When an authorization permits the disclosure of
health care information to a financial institution or an
employer of the patient for purposes other than payment, the
authorization as it pertains to those disclosures shall expire
ninety days after the signing of the authorization, unless the
authorization is renewed by the patient.
(7) A health care provider or health care facility shall
retain the original or a copy of each authorization or revocation in conjunction with any health care information from
which disclosures are made.
(8) Where the patient is under the supervision of the
department of corrections, an authorization signed pursuant
to this section for health care information related to mental
health or drug or alcohol treatment expires at the end of the
term of supervision, unless the patient is part of a treatment
program that requires the continued exchange of information
until the end of the period of treatment. [2005 c 468 § 3; 2004
c 166 § 19; 1994 sp.s. c 9 § 741; 1993 c 448 § 3; 1991 c 335
§ 202.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1993 c 448: See note following RCW 70.02.010.
70.02.040
70.02.040 Patient’s revocation of authorization for
disclosure. A patient may revoke in writing a disclosure
authorization to a health care provider at any time unless disclosure is required to effectuate payments for health care that
has been provided or other substantial action has been taken
in reliance on the authorization. A patient may not maintain
an action against the health care provider for disclosures
made in good-faith reliance on an authorization if the health
care provider had no actual notice of the revocation of the
authorization. [1991 c 335 § 203.]
70.02.045
70.02.045 Third-party payor release of information.
Third-party payors shall not release health care information
disclosed under this chapter, except to the extent that health
care providers are authorized to do so under RCW 70.02.050.
[2000 c 5 § 2.]
Intent—Purpose—2000 c 5: See RCW 48.43.500.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
70.02.050
70.02.050 Disclosure without patient’s authorization.
(1) A health care provider or health care facility may disclose
health care information about a patient without the patient’s
[Title 70 RCW—page 5]
70.02.050
Title 70 RCW: Public Health and Safety
authorization to the extent a recipient needs to know the
information, if the disclosure is:
(a) To a person who the provider or facility reasonably
believes is providing health care to the patient;
(b) To any other person who requires health care information for health care education, or to provide planning,
quality assurance, peer review, or administrative, legal,
financial, actuarial services to, or other health care operations
for or on behalf of the health care provider or health care
facility; or for assisting the health care provider or health care
facility in the delivery of health care and the health care provider or health care facility reasonably believes that the person:
(i) Will not use or disclose the health care information
for any other purpose; and
(ii) Will take appropriate steps to protect the health care
information;
(c) To any other health care provider or health care facility reasonably believed to have previously provided health
care to the patient, to the extent necessary to provide health
care to the patient, unless the patient has instructed the health
care provider or health care facility in writing not to make the
disclosure;
(d) To any person if the health care provider or health
care facility reasonably believes that disclosure will avoid or
minimize an imminent danger to the health or safety of the
patient or any other individual, however there is no obligation
under this chapter on the part of the provider or facility to so
disclose;
(e) To immediate family members of the patient, or any
other individual with whom the patient is known to have a
close personal relationship, if made in accordance with good
medical or other professional practice, unless the patient has
instructed the health care provider or health care facility in
writing not to make the disclosure;
(f) To a health care provider or health care facility who is
the successor in interest to the health care provider or health
care facility maintaining the health care information;
(g) For use in a research project that an institutional
review board has determined:
(i) Is of sufficient importance to outweigh the intrusion
into the privacy of the patient that would result from the disclosure;
(ii) Is impracticable without the use or disclosure of the
health care information in individually identifiable form;
(iii) Contains reasonable safeguards to protect the information from redisclosure;
(iv) Contains reasonable safeguards to protect against
identifying, directly or indirectly, any patient in any report of
the research project; and
(v) Contains procedures to remove or destroy at the earliest opportunity, consistent with the purposes of the project,
information that would enable the patient to be identified,
unless an institutional review board authorizes retention of
identifying information for purposes of another research
project;
(h) To a person who obtains information for purposes of
an audit, if that person agrees in writing to:
(i) Remove or destroy, at the earliest opportunity consistent with the purpose of the audit, information that would
enable the patient to be identified; and
[Title 70 RCW—page 6]
(ii) Not to disclose the information further, except to
accomplish the audit or report unlawful or improper conduct
involving fraud in payment for health care by a health care
provider or patient, or other unlawful conduct by the health
care provider;
(i) To an official of a penal or other custodial institution
in which the patient is detained;
(j) To provide directory information, unless the patient
has instructed the health care provider or health care facility
not to make the disclosure;
(k) To fire, police, sheriff, or another public authority,
that brought, or caused to be brought, the patient to the health
care facility or health care provider if the disclosure is limited
to the patient’s name, residence, sex, age, occupation, condition, diagnosis, estimated or actual discharge date, or extent
and location of injuries as determined by a physician, and
whether the patient was conscious when admitted;
(l) To federal, state, or local law enforcement authorities
and the health care provider, health care facility, or thirdparty payor believes in good faith that the health care information disclosed constitutes evidence of criminal conduct
that occurred on the premises of the health care provider,
health care facility, or third-party payor;
(m) To another health care provider, health care facility,
or third-party payor for the health care operations of the
health care provider, health care facility, or third-party payor
that receives the information, if each entity has or had a relationship with the patient who is the subject of the health care
information being requested, the health care information pertains to such relationship, and the disclosure is for the purposes described in RCW 70.02.010(8) (a) and (b); or
(n) For payment.
(2) A health care provider shall disclose health care
information about a patient without the patient’s authorization if the disclosure is:
(a) To federal, state, or local public health authorities, to
the extent the health care provider is required by law to report
health care information; when needed to determine compliance with state or federal licensure, certification or registration rules or laws; or when needed to protect the public
health;
(b) To federal, state, or local law enforcement authorities
to the extent the health care provider is required by law;
(c) To federal, state, or local law enforcement authorities, upon receipt of a written or oral request made to a nursing supervisor, administrator, or designated privacy official,
in a case in which the patient is being treated or has been
treated for a bullet wound, gunshot wound, powder burn, or
other injury arising from or caused by the discharge of a firearm, or an injury caused by a knife, an ice pick, or any other
sharp or pointed instrument which federal, state, or local law
enforcement authorities reasonably believe to have been
intentionally inflicted upon a person, or a blunt force injury
that federal, state, or local law enforcement authorities reasonably believe resulted from a criminal act, the following
information, if known:
(i) The name of the patient;
(ii) The patient’s residence;
(iii) The patient’s sex;
(iv) The patient’s age;
(v) The patient’s condition;
(2006 Ed.)
Medical Records—Health Care Information Access and Disclosure
(vi) The patient’s diagnosis, or extent and location of
injuries as determined by a health care provider;
(vii) Whether the patient was conscious when admitted;
(viii) The name of the health care provider making the
determination in (c)(v), (vi), and (vii) of this subsection;
(ix) Whether the patient has been transferred to another
facility; and
(x) The patient’s discharge time and date;
(d) To county coroners and medical examiners for the
investigations of deaths;
(e) Pursuant to compulsory process in accordance with
RCW 70.02.060.
(3) All state or local agencies obtaining patient health
care information pursuant to this section shall adopt rules
establishing their record acquisition, retention, and security
policies that are consistent with this chapter. [2006 c 235 § 3;
2005 c 468 § 4; 1998 c 158 § 1; 1993 c 448 § 4; 1991 c 335 §
204.]
Purpose—2006 c 235: "The purpose of this act is to aid law enforcement in combating crime through the rapid identification of all persons who
require medical treatment as a result of a criminal act and to assist in the
rapid identification of human remains." [2006 c 235 § 1.]
Effective date—2006 c 235: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 27, 2006]." [2006 c 235 § 5.]
Effective date—1993 c 448: See note following RCW 70.02.010.
70.02.060
70.02.060 Discovery request or compulsory process.
(1) Before service of a discovery request or compulsory process on a health care provider for health care information, an
attorney shall provide advance notice to the health care provider and the patient or the patient’s attorney involved
through service of process or first class mail, indicating the
health care provider from whom the information is sought,
what health care information is sought, and the date by which
a protective order must be obtained to prevent the health care
provider from complying. Such date shall give the patient and
the health care provider adequate time to seek a protective
order, but in no event be less than fourteen days since the date
of service or delivery to the patient and the health care provider of the foregoing. Thereafter the request for discovery or
compulsory process shall be served on the health care provider.
(2) Without the written consent of the patient, the health
care provider may not disclose the health care information
sought under subsection (1) of this section if the requestor has
not complied with the requirements of subsection (1) of this
section. In the absence of a protective order issued by a court
of competent jurisdiction forbidding compliance, the health
care provider shall disclose the information in accordance
with this chapter. In the case of compliance, the request for
discovery or compulsory process shall be made a part of the
patient record.
(3) Production of health care information under this section, in and of itself, does not constitute a waiver of any privilege, objection, or defense existing under other law or rule of
evidence or procedure. [1991 c 335 § 205.]
70.02.070
70.02.070 Certification of record. Upon the request of
the person requesting the record, the health care provider or
(2006 Ed.)
70.02.090
facility shall certify the record furnished and may charge for
such certification in accordance with RCW 36.18.016(5). No
record need be certified until the fee is paid. The certification
shall be affixed to the record and disclose:
(1) The identity of the patient;
(2) The kind of health care information involved;
(3) The identity of the person to whom the information is
being furnished;
(4) The identity of the health care provider or facility furnishing the information;
(5) The number of pages of the health care information;
(6) The date on which the health care information is furnished; and
(7) That the certification is to fulfill and meet the
requirements of this section. [1995 c 292 § 20; 1991 c 335 §
206.]
70.02.080
70.02.080 Patient’s examination and copying—
Requirements. (1) Upon receipt of a written request from a
patient to examine or copy all or part of the patient’s recorded
health care information, a health care provider, as promptly
as required under the circumstances, but no later than fifteen
working days after receiving the request shall:
(a) Make the information available for examination during regular business hours and provide a copy, if requested, to
the patient;
(b) Inform the patient if the information does not exist or
cannot be found;
(c) If the health care provider does not maintain a record
of the information, inform the patient and provide the name
and address, if known, of the health care provider who maintains the record;
(d) If the information is in use or unusual circumstances
have delayed handling the request, inform the patient and
specify in writing the reasons for the delay and the earliest
date, not later than twenty-one working days after receiving
the request, when the information will be available for examination or copying or when the request will be otherwise disposed of; or
(e) Deny the request, in whole or in part, under RCW
70.02.090 and inform the patient.
(2) Upon request, the health care provider shall provide
an explanation of any code or abbreviation used in the health
care information. If a record of the particular health care
information requested is not maintained by the health care
provider in the requested form, the health care provider is not
required to create a new record or reformulate an existing
record to make the health care information available in the
requested form. The health care provider may charge a reasonable fee for providing the health care information and is
not required to permit examination or copying until the fee is
paid. [1993 c 448 § 5; 1991 c 335 § 301.]
Effective date—1993 c 448: See note following RCW 70.02.010.
70.02.090
70.02.090 Patient’s request—Denial of examination
and copying. (1) Subject to any conflicting requirement in
the public records act, chapter 42.56 RCW, a health care provider may deny access to health care information by a patient
if the health care provider reasonably concludes that:
[Title 70 RCW—page 7]
70.02.100
Title 70 RCW: Public Health and Safety
(a) Knowledge of the health care information would be
injurious to the health of the patient;
(b) Knowledge of the health care information could reasonably be expected to lead to the patient’s identification of
an individual who provided the information in confidence
and under circumstances in which confidentiality was appropriate;
(c) Knowledge of the health care information could reasonably be expected to cause danger to the life or safety of
any individual;
(d) The health care information was compiled and is
used solely for litigation, quality assurance, peer review, or
administrative purposes; or
(e) Access to the health care information is otherwise
prohibited by law.
(2) If a health care provider denies a request for examination and copying under this section, the provider, to the
extent possible, shall segregate health care information for
which access has been denied under subsection (1) of this
section from information for which access cannot be denied
and permit the patient to examine or copy the disclosable
information.
(3) If a health care provider denies a patient’s request for
examination and copying, in whole or in part, under subsection (1)(a) or (c) of this section, the provider shall permit
examination and copying of the record by another health care
provider, selected by the patient, who is licensed, certified,
registered, or otherwise authorized under the laws of this
state to treat the patient for the same condition as the health
care provider denying the request. The health care provider
denying the request shall inform the patient of the patient’s
right to select another health care provider under this subsection. The patient shall be responsible for arranging for compensation of the other health care provider so selected. [2005
c 274 § 331; 1991 c 335 § 302.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
(e) Inform the patient in writing of the provider’s refusal
to correct or amend the record as requested and the patient’s
right to add a statement of disagreement. [1991 c 335 § 401.]
70.02.110
70.02.110 Correction or amendment or statement of
disagreement—Procedure. (1) In making a correction or
amendment, the health care provider shall:
(a) Add the amending information as a part of the health
record; and
(b) Mark the challenged entries as corrected or amended
entries and indicate the place in the record where the corrected or amended information is located, in a manner practicable under the circumstances.
(2) If the health care provider maintaining the record of
the patient’s health care information refuses to make the
patient’s proposed correction or amendment, the provider
shall:
(a) Permit the patient to file as a part of the record of the
patient’s health care information a concise statement of the
correction or amendment requested and the reasons therefor;
and
(b) Mark the challenged entry to indicate that the patient
claims the entry is inaccurate or incomplete and indicate the
place in the record where the statement of disagreement is
located, in a manner practicable under the circumstances.
(3) A health care provider who receives a request from a
patient to amend or correct the patient’s health care information, as provided in RCW 70.02.100, shall forward any
changes made in the patient’s health care information or
health record, including any statement of disagreement, to
any third-party payor or insurer to which the health care provider has disclosed the health care information that is the subject of the request. [2000 c 5 § 3; 1991 c 335 § 402.]
Intent—Purpose—2000 c 5: See RCW 48.43.500.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
70.02.100
70.02.100 Correction or amendment of record. (1)
For purposes of accuracy or completeness, a patient may
request in writing that a health care provider correct or amend
its record of the patient’s health care information to which a
patient has access under RCW 70.02.080.
(2) As promptly as required under the circumstances, but
no later than ten days after receiving a request from a patient
to correct or amend its record of the patient’s health care
information, the health care provider shall:
(a) Make the requested correction or amendment and
inform the patient of the action;
(b) Inform the patient if the record no longer exists or
cannot be found;
(c) If the health care provider does not maintain the
record, inform the patient and provide the patient with the
name and address, if known, of the person who maintains the
record;
(d) If the record is in use or unusual circumstances have
delayed the handling of the correction or amendment request,
inform the patient and specify in writing, the earliest date, not
later than twenty-one days after receiving the request, when
the correction or amendment will be made or when the
request will otherwise be disposed of; or
[Title 70 RCW—page 8]
70.02.120
70.02.120 Notice of information practices—Display
conspicuously. (1) A health care provider who provides
health care at a health care facility that the provider operates
and who maintains a record of a patient’s health care information shall create a "notice of information practices" that
contains substantially the following:
NOTICE
"We keep a record of the health care services we
provide you. You may ask us to see and copy that
record. You may also ask us to correct that record.
We will not disclose your record to others unless
you direct us to do so or unless the law authorizes or
compels us to do so. You may see your record or get
more information about it at . . . . . ."
(2) The health care provider shall place a copy of the
notice of information practices in a conspicuous place in the
health care facility, on a consent form or with a billing or
other notice provided to the patient. [1991 c 335 § 501.]
70.02.130
70.02.130 Consent by others—Health care representatives. (1) A person authorized to consent to health care for
(2006 Ed.)
Local Health Departments, Boards, Officers—Regulations
another may exercise the rights of that person under this
chapter to the extent necessary to effectuate the terms or purposes of the grant of authority. If the patient is a minor and is
authorized to consent to health care without parental consent
under federal and state law, only the minor may exercise the
rights of a patient under this chapter as to information pertaining to health care to which the minor lawfully consented.
In cases where parental consent is required, a health care provider may rely, without incurring any civil or criminal liability for such reliance, on the representation of a parent that he
or she is authorized to consent to health care for the minor
patient regardless of whether:
(a) The parents are married, unmarried, or separated at
the time of the representation;
(b) The consenting parent is, or is not, a custodial parent
of the minor;
(c) The giving of consent by a parent is, or is not, full
performance of any agreement between the parents, or of any
order or decree in any action entered pursuant to chapter
26.09 RCW.
(2) A person authorized to act for a patient shall act in
good faith to represent the best interests of the patient. [1991
c 335 § 601.]
70.02.140
70.02.140 Representative of deceased patient. A personal representative of a deceased patient may exercise all of
the deceased patient’s rights under this chapter. If there is no
personal representative, or upon discharge of the personal
representative, a deceased patient’s rights under this chapter
may be exercised by persons who would have been authorized to make health care decisions for the deceased patient
when the patient was living under RCW 7.70.065. [1991 c
335 § 602.]
Chapter 70.05
(2) The court may order the health care provider or other
person to comply with this chapter. Such relief may include
actual damages, but shall not include consequential or incidental damages. The court shall award reasonable attorneys’
fees and all other expenses reasonably incurred to the prevailing party.
(3) Any action under this chapter is barred unless the
action is commenced within two years after the cause of
action is discovered.
(4) A violation of this chapter shall not be deemed a violation of the consumer protection act, chapter 19.86 RCW.
[1991 c 335 § 801.]
70.02.180
70.02.180 Licensees under chapter 18.225 RCW—
Subject to chapter. Mental health counselors, marriage and
family therapists, and social workers licensed under chapter
18.225 RCW are subject to this chapter. [2001 c 251 § 34.]
Severability—2001 c 251: See RCW 18.225.900.
70.02.900
70.02.900 Conflicting laws. (1) This chapter does not
restrict a health care provider, a third-party payor, or an
insurer regulated under Title 48 RCW from complying with
obligations imposed by federal or state health care payment
programs or federal or state law.
(2) This chapter does not modify the terms and conditions of disclosure under Title 51 RCW and chapters 13.50,
26.09, 70.24, *70.39, 70.96A, 71.05, and 71.34 RCW and
rules adopted under these provisions. [2000 c 5 § 4; 1991 c
335 § 901.]
*Reviser’s note: Chapter 70.39 RCW was repealed by 1982 c 223 § 10,
effective June 30, 1990.
Intent—Purpose—2000 c 5: See RCW 48.43.500.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
70.02.150
70.02.150 Security safeguards. A health care provider
shall effect reasonable safeguards for the security of all health
care information it maintains.
Reasonable safeguards shall include affirmative action
to delete outdated and incorrect facsimile transmission or
other telephone transmittal numbers from computer, facsimile, or other data bases. When health care information is
transmitted electronically to a recipient who is not regularly
transmitted health care information from the health care provider, the health care provider shall verify that the number is
accurate prior to transmission. [2001 c 16 § 2; 1991 c 335 §
701.]
70.02.160
70.02.160 Retention of record. A health care provider
shall maintain a record of existing health care information for
at least one year following receipt of an authorization to disclose that health care information under RCW 70.02.040, and
during the pendency of a request for examination and copying under RCW 70.02.080 or a request for correction or
amendment under RCW 70.02.100. [1991 c 335 § 702.]
70.02.170
70.02.170 Civil remedies. (1) A person who has complied with this chapter may maintain an action for the relief
provided in this section against a health care provider or facility who has not complied with this chapter.
(2006 Ed.)
70.02.901
70.02.901 Application and construction—1991 c 335.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. [1991 c 335 § 903.]
70.02.902
70.02.902 Short title. This act may be cited as the uniform health care information act. [1991 c 335 § 904.]
70.02.903
70.02.903 Severability—1991 c 335. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 335 § 905.]
70.02.904
70.02.904 Captions not law—1991 c 335. As used in
this act, captions constitute no part of the law. [1991 c 335 §
906.]
Chapter 70.05 RCW
LOCAL HEALTH DEPARTMENTS, BOARDS,
OFFICERS—REGULATIONS
Chapter 70.05
Sections
70.05.010
Definitions.
[Title 70 RCW—page 9]
70.05.010
70.05.030
70.05.035
70.05.040
70.05.045
70.05.050
70.05.051
70.05.053
70.05.054
70.05.055
70.05.060
70.05.070
70.05.072
70.05.074
70.05.077
70.05.080
70.05.090
70.05.100
70.05.110
70.05.120
70.05.125
70.05.130
70.05.135
70.05.140
70.05.150
70.05.160
70.05.170
70.05.180
Title 70 RCW: Public Health and Safety
Counties—Local health board—Jurisdiction.
Home rule charter—Local board of health.
Local board of health—Chair—Administrative officer—
Vacancies.
Administrative officer—Responsibilities.
Local health officer—Qualifications—Employment of personnel—Salary and expenses.
Local health officer—Qualifications.
Provisionally qualified local health officers—Appointment—
Term—Requirements.
Provisionally qualified local health officers—In-service public
health orientation program.
Provisionally qualified local health officers—Interview—
Evaluation as to qualification as local public health officer.
Powers and duties of local board of health.
Local health officer—Powers and duties.
Local health officer—Authority to grant waiver from on-site
sewage system requirements.
On-site sewage system permits—Application—Limitation of
alternative sewage systems.
Department of health—Training—On-site sewage systems—
Application of the waiver authority—Topics—Availability.
Local health officer—Failure to appoint—Procedure.
Physicians to report diseases.
Determination of character of disease.
Local health officials and physicians to report contagious diseases.
Violations—Remedies—Penalties.
County public health account—Distribution to local public
health jurisdictions.
Expenses of state, health district, or county in enforcing health
laws and rules—Payment by county.
Treasurer—District funds—Contributions by counties and cities.
County to bear expense of providing public health services.
Contracts for sale or purchase of health services authorized.
Moratorium on water, sewer hookups, or septic systems—
Public hearing—Limitation on length.
Child mortality review.
Infectious disease testing—Good samaritans—Rules.
chapter 70.46 RCW. The jurisdiction of the local board of
health shall be coextensive with the boundaries of said
county. The board of county commissioners may, at its discretion, adopt an ordinance expanding the size and composition of the board of health to include elected officials from
cities and towns and persons other than elected officials as
members so long as persons other than elected officials do
not constitute a majority. An ordinance adopted under this
section shall include provisions for the appointment, term,
and compensation, or reimbursement of expenses. [1995 c
43 § 6; 1993 c 492 § 235; 1967 ex.s. c 51 § 3.]
Effective dates—Contingent effective dates—1995 c 43: "(1) Sections 15 and 16 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect June 30, 1995.
(2) Sections 1 through 5, 12, and 13 of this act are necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995.
(3) Section 9 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately [April 17,
1995].
(4) *Sections 6 through 8, 10, and 11 of this act take effect January 1,
1996, if funding of at least two million two hundred fifty thousand dollars, is
provided by June 30, 1995, in the 1995 omnibus appropriations act or as a
result of the passage of Senate Bill No. 6058, to implement the changes in
public health governance as outlined in this act. If such funding is not provided, sections 6 through 8, 10, and 11 of this act shall take effect January 1,
1998." [1995 c 43 § 17.]
*Reviser’s note: The 1995 omnibus appropriations act, chapter 18,
Laws of 1995 2nd sp. sess. provided two million two hundred fifty thousand
dollars.
Health districts: Chapter 70.46 RCW.
Severability—1995 c 43: See note following RCW 43.70.570.
State board of health: Chapter 43.20 RCW.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
70.05.010
70.05.010 Definitions. For the purposes of chapters
70.05 and 70.46 RCW and unless the context thereof clearly
indicates to the contrary:
(1) "Local health departments" means the county or district which provides public health services to persons within
the area.
(2) "Local health officer" means the legally qualified
physician who has been appointed as the health officer for the
county or district public health department.
(3) "Local board of health" means the county or district
board of health.
(4) "Health district" means all the territory consisting of
one or more counties organized pursuant to the provisions of
chapters 70.05 and 70.46 RCW.
(5) "Department" means the department of health. [1993
c 492 § 234; 1967 ex.s. c 51 § 1.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1967 ex.s. c 51 § 24.]
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.035
70.05.035 Home rule charter—Local board of health.
In counties with a home rule charter, the county legislative
authority shall establish a local board of health and may prescribe the membership and selection process for the board.
The county legislative authority may appoint to the board of
health elected officials from cities and towns and persons
other than elected officials as members so long as persons
other than elected officials do not constitute a majority. The
county legislative authority shall specify the appointment,
term, and compensation or reimbursement of expenses. The
jurisdiction of the local board of health shall be coextensive
with the boundaries of the county. The local health officer, as
described in RCW 70.05.050, shall be appointed by the official designated under the provisions of the county charter.
The same official designated under the provisions of the
county charter may appoint an administrative officer, as
described in RCW 70.05.045. [1995 c 43 § 7; 1993 c 492 §
237.]
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
70.05.030
70.05.030 Counties—Local health board—Jurisdiction. In counties without a home rule charter, the board of
county commissioners shall constitute the local board of
health, unless the county is part of a health district pursuant to
[Title 70 RCW—page 10]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
(2006 Ed.)
Local Health Departments, Boards, Officers—Regulations
70.05.040
70.05.040 Local board of health—Chair—Administrative officer—Vacancies. The local board of health shall
elect a chair and may appoint an administrative officer. A
local health officer shall be appointed pursuant to RCW
70.05.050. Vacancies on the local board of health shall be
filled by appointment within thirty days and made in the same
manner as was the original appointment. At the first meeting
of the local board of health, the members shall elect a chair to
serve for a period of one year. [1993 c 492 § 236; 1984 c 25
§ 1; 1983 1st ex.s. c 39 § 1; 1967 ex.s. c 51 § 4.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.055
70.05.050 shall be deemed qualified to hold the position of
local health officer:
(1) Persons holding the degree of master of public health
or its equivalent;
(2) Persons not meeting the requirements of subsection
(1) of this section, who upon August 11, 1969 are currently
employed in this state as a local health officer and whom the
secretary of social and health services recommends in writing
to the local board of health as qualified; and
(3) Persons qualified by virtue of completing three years
of service as a provisionally qualified officer pursuant to
RCW 70.05.053 through 70.05.055. [1979 c 141 § 75; 1969
ex.s. c 114 § 2.]
70.05.053
70.05.045
70.05.045 Administrative officer—Responsibilities.
The administrative officer shall act as executive secretary and
administrative officer for the local board of health, and shall
be responsible for administering the operations of the board
including such other administrative duties required by the
local health board, except for duties assigned to the health
officer as enumerated in RCW 70.05.070 and other applicable state law. [1984 c 25 § 2.]
70.05.050
70.05.050 Local health officer—Qualifications—
Employment of personnel—Salary and expenses. The
local health officer shall be an experienced physician
licensed to practice medicine and surgery or osteopathic
medicine and surgery in this state and who is qualified or provisionally qualified in accordance with the standards prescribed in RCW 70.05.051 through 70.05.055 to hold the
office of local health officer. No term of office shall be established for the local health officer but the local health officer
shall not be removed until after notice is given, and an opportunity for a hearing before the board or official responsible
for his or her appointment under this section as to the reason
for his or her removal. The local health officer shall act as
executive secretary to, and administrative officer for the local
board of health and shall also be empowered to employ such
technical and other personnel as approved by the local board
of health except where the local board of health has appointed
an administrative officer under RCW 70.05.040. The local
health officer shall be paid such salary and allowed such
expenses as shall be determined by the local board of health.
In home rule counties that are part of a health district under
this chapter and chapter 70.46 RCW the local health officer
and administrative officer shall be appointed by the local
board of health. [1996 c 178 § 19; 1995 c 43 § 8; 1993 c 492
§ 238; 1984 c 25 § 5; 1983 1st ex.s. c 39 § 2; 1969 ex.s. c 114
§ 1; 1967 ex.s. c 51 § 9.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
70.05.053 Provisionally qualified local health officers—Appointment—Term—Requirements. A person
holding a license required by RCW 70.05.050 but not meeting any of the requirements for qualification prescribed by
RCW 70.05.051 may be appointed by the board or official
responsible for appointing the local health officer under
RCW 70.05.050 as a provisionally qualified local health
officer for a maximum period of three years upon the following conditions and in accordance with the following procedures:
(1) He or she shall participate in an in-service orientation
to the field of public health as provided in RCW 70.05.054,
and
(2) He or she shall satisfy the secretary of health pursuant to the periodic interviews prescribed by RCW 70.05.055
that he or she has successfully completed such in-service orientation and is conducting such program of good health practices as may be required by the jurisdictional area concerned.
[1991 c 3 § 305; 1983 1st ex.s. c 39 § 3; 1979 c 141 § 76;
1969 ex.s. c 114 § 3.]
70.05.054
70.05.054 Provisionally qualified local health officers—In-service public health orientation program. The
secretary of health shall provide an in-service public health
orientation program for the benefit of provisionally qualified
local health officers.
Such program shall consist of—
(1) A three months course in public health training conducted by the secretary either in the state department of
health, in a county and/or city health department, in a local
health district, or in an institution of higher education; or
(2) An on-the-job, self-training program pursuant to a
standardized syllabus setting forth the major duties of a local
health officer including the techniques and practices of public
health principles expected of qualified local health officers:
PROVIDED, That each provisionally qualified local health
officer may choose which type of training he or she shall pursue. [1991 c 3 § 306; 1979 c 141 § 77; 1969 ex.s. c 114 § 4.]
Severability—1995 c 43: See note following RCW 43.70.570.
70.05.055
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.051
70.05.051 Local health officer—Qualifications. The
following persons holding licenses as required by RCW
(2006 Ed.)
70.05.055 Provisionally qualified local health officers—Interview—Evaluation as to qualification as local
public health officer. Each year, on a date which shall be as
near as possible to the anniversary date of appointment as
provisional local health officer, the secretary of health or his
or her designee shall personally visit such provisional
officer’s office for a personal review and discussion of the
[Title 70 RCW—page 11]
70.05.060
Title 70 RCW: Public Health and Safety
activity, plans, and study being carried on relative to the provisional officer’s jurisdictional area: PROVIDED, That the
third such interview shall occur three months prior to the end
of the three year provisional term. A standardized checklist
shall be used for all such interviews, but such checklist shall
not constitute a grading sheet or evaluation form for use in
the ultimate decision of qualification of the provisional
appointee as a public health officer.
Copies of the results of each interview shall be supplied
to the provisional officer within two weeks following each
such interview.
Following the third such interview, the secretary shall
evaluate the provisional local health officer’s in-service performance and shall notify such officer by certified mail of his
or her decision whether or not to qualify such officer as a
local public health officer. Such notice shall be mailed at
least sixty days prior to the third anniversary date of provisional appointment. Failure to so mail such notice shall constitute a decision that such provisional officer is qualified.
[1991 c 3 § 307; 1979 c 141 § 78; 1969 ex.s. c 114 § 5.]
70.05.060
70.05.060 Powers and duties of local board of health.
Each local board of health shall have supervision over all
matters pertaining to the preservation of the life and health of
the people within its jurisdiction and shall:
(1) Enforce through the local health officer or the administrative officer appointed under RCW 70.05.040, if any, the
public health statutes of the state and rules promulgated by
the state board of health and the secretary of health;
(2) Supervise the maintenance of all health and sanitary
measures for the protection of the public health within its
jurisdiction;
(3) Enact such local rules and regulations as are necessary in order to preserve, promote and improve the public
health and provide for the enforcement thereof;
(4) Provide for the control and prevention of any dangerous, contagious or infectious disease within the jurisdiction
of the local health department;
(5) Provide for the prevention, control and abatement of
nuisances detrimental to the public health;
(6) Make such reports to the state board of health
through the local health officer or the administrative officer
as the state board of health may require; and
(7) Establish fee schedules for issuing or renewing
licenses or permits or for such other services as are authorized by the law and the rules of the state board of health:
PROVIDED, That such fees for services shall not exceed the
actual cost of providing any such services. [1991 c 3 § 308;
1984 c 25 § 6; 1979 c 141 § 79; 1967 ex.s. c 51 § 10.]
70.05.070
70.05.070 Local health officer—Powers and duties.
The local health officer, acting under the direction of the
local board of health or under direction of the administrative
officer appointed under RCW 70.05.040 or 70.05.035, if any,
shall:
(1) Enforce the public health statutes of the state, rules of
the state board of health and the secretary of health, and all
local health rules, regulations and ordinances within his or
her jurisdiction including imposition of penalties authorized
under RCW 70.119A.030, the confidentiality provisions in
[Title 70 RCW—page 12]
RCW 70.24.105 and rules adopted to implement those provisions, and filing of actions authorized by RCW 43.70.190;
(2) Take such action as is necessary to maintain health
and sanitation supervision over the territory within his or her
jurisdiction;
(3) Control and prevent the spread of any dangerous,
contagious or infectious diseases that may occur within his or
her jurisdiction;
(4) Inform the public as to the causes, nature, and prevention of disease and disability and the preservation, promotion and improvement of health within his or her jurisdiction;
(5) Prevent, control or abate nuisances which are detrimental to the public health;
(6) Attend all conferences called by the secretary of
health or his or her authorized representative;
(7) Collect such fees as are established by the state board
of health or the local board of health for the issuance or
renewal of licenses or permits or such other fees as may be
authorized by law or by the rules of the state board of health;
(8) Inspect, as necessary, expansion or modification of
existing public water systems, and the construction of new
public water systems, to assure that the expansion, modification, or construction conforms to system design and plans;
(9) Take such measures as he or she deems necessary in
order to promote the public health, to participate in the establishment of health educational or training activities, and to
authorize the attendance of employees of the local health
department or individuals engaged in community health programs related to or part of the programs of the local health
department. [1999 c 391 § 5; 1993 c 492 § 239; 1991 c 3 §
309; 1990 c 133 § 10; 1984 c 25 § 7; 1979 c 141 § 80; 1967
ex.s. c 51 § 12.]
Findings—Purpose—1999 c 391: See note following RCW
70.05.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
70.05.072
70.05.072 Local health officer—Authority to grant
waiver from on-site sewage system requirements. The
local health officer may grant a waiver from specific requirements adopted by the state board of health for on-site sewage
systems if:
(1) The on-site sewage system for which a waiver is
requested is for sewage flows under three thousand five hundred gallons per day;
(2) The waiver request is evaluated by the local health
officer on an individual, site-by-site basis;
(3) The local health officer determines that the waiver is
consistent with the standards in, and the intent of, the state
board of health rules; and
(4) The local health officer submits quarterly reports to
the department regarding any waivers approved or denied.
Based on review of the quarterly reports, if the department finds that the waivers previously granted have not been
consistent with the standards in, and intent of, the state board
of health rules, the department shall provide technical assistance to the local health officer to correct the inconsistency,
(2006 Ed.)
Local Health Departments, Boards, Officers—Regulations
and may notify the local and state boards of health of the
department’s concerns.
If upon further review of the quarterly reports, the
department finds that the inconsistency between the waivers
granted and the state board of health standards has not been
corrected, the department may suspend the authority of the
local health officer to grant waivers under this section until
such inconsistencies have been corrected. [1995 c 263 § 1.]
70.05.074
70.05.074 On-site sewage system permits—Application—Limitation of alternative sewage systems. (1) The
local health officer must respond to the applicant for an onsite sewage system permit within thirty days after receiving a
fully completed application. The local health officer must
respond that the application is either approved, denied, or
pending.
(2) If the local health officer denies an application to
install an on-site sewage system, the denial must be for cause
and based upon public health and environmental protection
concerns, including concerns regarding the ability to operate
and maintain the system, or conflicts with other existing
laws, regulations, or ordinances. The local health officer must
provide the applicant with a written justification for the
denial, along with an explanation of the procedure for appeal.
(3) If the local health officer identifies the application as
pending and subject to review beyond thirty days, the local
health officer must provide the applicant with a written justification that the site-specific conditions or circumstances
necessitate a longer time period for a decision on the application. The local health officer must include any specific information necessary to make a decision and the estimated time
required for a decision to be made.
(4) A local health officer may not limit the number of
alternative sewage systems within his or her jurisdiction
without cause. Any such limitation must be based upon public health and environmental protection concerns, including
concerns regarding the ability to operate and maintain the
system, or conflicts with other existing laws, regulations, or
ordinances. If such a limitation is established, the local health
officer must justify the limitation in writing, with specific
reasons, and must provide an explanation of the procedure for
appealing the limitation. [1997 c 447 § 2.]
Finding—Purpose—1997 c 447: "The legislature finds that improperly designed, installed, or maintained on-site sewage disposal systems are a
major contributor to water pollution in this state. The legislature also recognizes that evolving technology has produced many viable alternatives to traditional on-site septic systems. It is the purpose of this act to help facilitate
the siting of new alternative on-site septic systems and to assist local governments in promoting efficient operation of on-site septic *these systems."
[1997 c 447 § 1.]
*Reviser’s note: Due to a drafting error, the word "these" was not
removed when this sentence was rewritten.
Construction—1997 c 447 §§ 2-4: "Nothing in sections 2 through 4 of
this act may be deemed to eliminate any requirements for approval from public health agencies under applicable law in connection with the siting, design,
construction, and repair of on-site septic systems." [1997 c 447 § 6.]
70.05.077
70.05.077 Department of health—Training—On-site
sewage systems—Application of the waiver authority—
Topics—Availability. (1) The department of health, in consultation and cooperation with local environmental health
officers, shall develop a one-day course to train local envi(2006 Ed.)
70.05.080
ronmental health officers, health officers, and environmental
health specialists and technicians to address the application
of the waiver authority granted under RCW 70.05.072 as well
as other existing statutory or regulatory flexibility for siting
on-site sewage systems.
(2) The training course shall include the following topics:
(a) The statutory authority to grant waivers from the state
on-site sewage system rules;
(b) The regulatory framework for the application of onsite sewage treatment and disposal technologies, with an
emphasis on the differences between rules, standards, and
guidance. The course shall include instruction on interpreting
the intent of a rule rather than the strict reading of the language of a rule, and also discuss the liability assumed by a
unit of local government when local rules, policies, or practices deviate from the state administrative code;
(c) The application of site evaluation and assessment
methods to match the particular site and development plans
with the on-site sewage treatment and disposal technology
suitable to protect public health to at least the level provided
by state rule; and
(d) Instruction in the concept and application of mitigation waivers.
(3) The training course shall be made available to all
local health departments and districts in various locations in
the state without fee. Updated guidance documents and materials shall be provided to all participants, including examples
of the types of waivers and processes that other jurisdictions
in the region have granted and used. The first training conducted under this section shall take place by June 30, 1999.
[1998 c 34 § 3.]
Intent—1998 c 34: "(1) The 1997 legislature directed the department
of health to convene a work group for the purpose of making recommendations to the legislature for the development of a certification program for
occupations related to on-site septic systems, including those who pump,
install, design, perform maintenance, inspect, or regulate on-site septic systems. The work group was convened and studied issues relating to certification of people employed in these occupations, bonding levels, and other standards related to these occupations. In addition, the work group examined the
application of a risk analysis pertaining to the installation and maintenance
of different types of septic systems in different parts of the state. A written
report containing the work group’s findings and recommendations was submitted to the legislature as directed.
(2) The legislature recognizes that the recommendations of the work
group must be phased-in over a time period in order to develop the necessary
scope of work requirements, knowledge requirements, public protection
requirements, and other criteria for the upgrading of these occupations. It is
the intent of the legislature to start implementing the work group’s recommendations by focusing first on the occupations that are considered to be the
highest priority, and to address the other occupational recommendations in
subsequent sessions." [1998 c 34 § 1.]
70.05.080
70.05.080 Local health officer—Failure to appoint—
Procedure. If the local board of health or other official
responsible for appointing a local health officer under RCW
70.05.050 refuses or neglects to appoint a local health officer
after a vacancy exists, the secretary of health may appoint a
local health officer and fix the compensation. The local
health officer so appointed shall have the same duties, powers
and authority as though appointed under RCW 70.05.050.
Such local health officer shall serve until a qualified individual is appointed according to the procedures set forth in RCW
70.05.050. The board or official responsible for appointing
[Title 70 RCW—page 13]
70.05.090
Title 70 RCW: Public Health and Safety
the local health officer under RCW 70.05.050 shall also be
authorized to appoint an acting health officer to serve whenever the health officer is absent or incapacitated and unable to
fulfill his or her responsibilities under the provisions of chapters 70.05 and 70.46 RCW. [1993 c 492 § 240; 1991 c 3 §
310; 1983 1st ex.s. c 39 § 4; 1979 c 141 § 81; 1967 ex.s. c 51
§ 13.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.090 Physicians to report diseases. Whenever
any physician shall attend any person sick with any dangerous contagious or infectious disease, or with any diseases
required by the state board of health to be reported, he or she
shall, within twenty-four hours, give notice thereof to the
local health officer within whose jurisdiction such sick person may then be or to the state department of health in Olympia. [1991 c 3 § 311; 1979 c 141 § 82; 1967 ex.s. c 51 § 14.]
70.05.090
70.05.100 Determination of character of disease. In
case of the question arising as to whether or not any person is
affected or is sick with a dangerous, contagious or infectious
disease, the opinion of the local health officer shall prevail
until the state department of health can be notified, and then
the opinion of the executive officer of the state department of
health, or any physician he or she may appoint to examine
such case, shall be final. [1991 c 3 § 312; 1979 c 141 § 83;
1967 ex.s. c 51 § 15.]
70.05.100
70.05.110 Local health officials and physicians to
report contagious diseases. It shall be the duty of the local
board of health, health authorities or officials, and of physicians in localities where there are no local health authorities
or officials, to report to the state board of health, promptly
upon discovery thereof, the existence of any one of the following diseases which may come under their observation, to
wit: Asiatic cholera, yellow fever, smallpox, scarlet fever,
diphtheria, typhus, typhoid fever, bubonic plague or leprosy,
and of such other contagious or infectious diseases as the
state board may from time to time specify. [1967 ex.s. c 51 §
16.]
70.05.110
70.05.120 Violations—Remedies—Penalties. (1) Any
local health officer or administrative officer appointed under
RCW 70.05.040, if any, who shall refuse or neglect to obey
or enforce the provisions of chapters 70.05, 70.24, and 70.46
RCW or the rules, regulations or orders of the state board of
health or who shall refuse or neglect to make prompt and
accurate reports to the state board of health, may be removed
as local health officer or administrative officer by the state
board of health and shall not again be reappointed except
with the consent of the state board of health. Any person may
complain to the state board of health concerning the failure of
the local health officer or administrative officer to carry out
the laws or the rules and regulations concerning public
health, and the state board of health shall, if a preliminary
investigation so warrants, call a hearing to determine whether
the local health officer or administrative officer is guilty of
the alleged acts. Such hearings shall be held pursuant to the
70.05.120
[Title 70 RCW—page 14]
provisions of chapter 34.05 RCW, and the rules and regulations of the state board of health adopted thereunder.
(2) Any member of a local board of health who shall violate any of the provisions of chapters 70.05, 70.24, and 70.46
RCW or refuse or neglect to obey or enforce any of the rules,
regulations or orders of the state board of health made for the
prevention, suppression or control of any dangerous contagious or infectious disease or for the protection of the health
of the people of this state, is guilty of a misdemeanor, and
upon conviction shall be fined not less than ten dollars nor
more than two hundred dollars.
(3) Any physician who shall refuse or neglect to report to
the proper health officer or administrative officer within
twelve hours after first attending any case of contagious or
infectious disease or any diseases required by the state board
of health to be reported or any case suspicious of being one of
such diseases, is guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than two
hundred dollars for each case that is not reported.
(4) Any person violating any of the provisions of chapters 70.05, 70.24, and 70.46 RCW or violating or refusing or
neglecting to obey any of the rules, regulations or orders
made for the prevention, suppression and control of dangerous contagious and infectious diseases by the local board of
health or local health officer or administrative officer or state
board of health, or who shall leave any isolation hospital or
quarantined house or place without the consent of the proper
health officer or who evades or breaks quarantine or conceals
a case of contagious or infectious disease or assists in evading
or breaking any quarantine or concealing any case of contagious or infectious disease, is guilty of a misdemeanor, and
upon conviction thereof shall be subject to a fine of not less
than twenty-five dollars nor more than one hundred dollars or
to imprisonment in the county jail not to exceed ninety days
or to both fine and imprisonment. [2003 c 53 § 350; 1999 c
391 § 6; 1993 c 492 § 241; 1984 c 25 § 8; 1967 ex.s. c 51 §
17.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Findings—Purpose—1999 c 391: See note following RCW
70.05.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.125
70.05.125 County public health account—Distribution to local public health jurisdictions. (1) The county
public health account is created in the state treasury. Funds
deposited in the county public health account shall be distributed by the state treasurer to each local public health jurisdiction based upon amounts certified to it by the department of
community, trade, and economic development in consultation with the Washington state association of counties. The
account shall include funds distributed under RCW
*82.44.110 and 82.14.200(8) and such funds as are appropriated to the account from the health services account under
RCW 43.72.900, the public health services account under
RCW 43.72.902, and such other funds as the legislature may
appropriate to it.
(2006 Ed.)
Local Health Departments, Boards, Officers—Regulations
(2)(a) The director of the department of community,
trade, and economic development shall certify the amounts to
be distributed to each local public health jurisdiction using
1995 as the base year of actual city contributions to local public health.
(b) Only if funds are available and in an amount no
greater than available funds under RCW 82.14.200(8), the
department of community, trade, and economic development
shall adjust the amount certified under (a) of this subsection
to compensate for any annexation of an area with fifty thousand residents or more to any city as a result of a petition during calendar year 1996 or 1997, or for any city that became
newly incorporated as a result of an election during calendar
year 1994 or 1995. The amount to be adjusted shall be equal
to the amount which otherwise would have been lost to the
health jurisdiction due to the annexation or incorporation as
calculated using the jurisdiction’s 1995 funding formula.
(c) The county treasurer shall certify the actual 1995 city
contribution to the department. Funds in excess of the base
shall be distributed proportionately among the health jurisdictions based on incorporated population figures as last
determined by the office of financial management.
(3) Moneys distributed under this section shall be
expended exclusively for local public health purposes. [1998
c 266 § 1; 1997 c 333 § 1; 1995 1st sp.s. c 15 § 1.]
*Reviser’s note: RCW 82.44.110 was repealed by 2003 c 1 § 5 (Initiative Measure No. 776, approved November 5, 2002).
Effective date—1998 c 266: "This act takes effect July 1, 1998." [1998
c 266 § 2.]
Effective date—1997 c 333: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 333 § 3.]
Effective date—1995 1st sp.s. c 15: "This act shall take effect January
1, 1996." [1995 1st sp.s. c 15 § 3.]
70.05.130
70.05.130 Expenses of state, health district, or county
in enforcing health laws and rules—Payment by county.
All expenses incurred by the state, health district, or county in
carrying out the provisions of chapters 70.05 and 70.46 RCW
or any other public health law, or the rules of the department
of health enacted under such laws, shall be paid by the county
and such expenses shall constitute a claim against the general
fund as provided in this section. [1993 c 492 § 242; 1991 c 3
§ 313; 1979 c 141 § 84; 1967 ex.s. c 51 § 18.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.135
70.05.135 Treasurer—District funds—Contributions
by counties and cities. See RCW 70.46.080.
70.05.140
70.05.140 County to bear expense of providing public
health services. See RCW 70.46.085.
70.05.150
70.05.150 Contracts for sale or purchase of health
services authorized. In addition to powers already granted
them, any county, district, or local health department may
contract for either the sale or purchase of any or all health services from any local health department. Such contract shall
(2006 Ed.)
70.05.170
require the approval of the state board of health. [1993 c 492
§ 243; 1967 ex.s. c 51 § 22.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.05.160
70.05.160 Moratorium on water, sewer hookups, or
septic systems—Public hearing—Limitation on length. A
local board of health that adopts a moratorium affecting
water hookups, sewer hookups, or septic systems without
holding a public hearing on the proposed moratorium, shall
hold a public hearing on the adopted moratorium within at
least sixty days of its adoption. If the board does not adopt
findings of fact justifying its action before this hearing, then
the board shall do so immediately after this public hearing. A
moratorium adopted under this section may be effective for
not longer than six months, but may be effective for up to one
year if a work plan is developed for related studies providing
for such a longer period. A moratorium may be renewed for
one or more six-month periods if a subsequent public hearing
is held and findings of fact are made prior to each renewal.
[1992 c 207 § 7.]
70.05.170
70.05.170 Child mortality review. (1)(a) The legislature finds that the mortality rate in Washington state among
infants and children less than eighteen years of age is unacceptably high, and that such mortality may be preventable.
The legislature further finds that, through the performance of
child mortality reviews, preventable causes of child mortality
can be identified and addressed, thereby reducing the infant
and child mortality in Washington state.
(b) It is the intent of the legislature to encourage the performance of child death reviews by local health departments
by providing necessary legal protections to the families of
children whose deaths are studied, local health department
officials and employees, and health care professionals participating in child mortality review committee activities.
(2) As used in this section, "child mortality review"
means a process authorized by a local health department as
such department is defined in RCW 70.05.010 for examining
factors that contribute to deaths of children less than eighteen
years of age. The process may include a systematic review of
medical, clinical, and hospital records; home interviews of
parents and caretakers of children who have died; analysis of
individual case information; and review of this information
by a team of professionals in order to identify modifiable
medical, socioeconomic, public health, behavioral, administrative, educational, and environmental factors associated
with each death.
(3) Local health departments are authorized to conduct
child mortality reviews. In conducting such reviews, the following provisions shall apply:
(a) All medical records, reports, and statements procured
by, furnished to, or maintained by a local health department
pursuant to chapter 70.02 RCW for purposes of a child mortality review are confidential insofar as the identity of an individual child and his or her adoptive or natural parents is concerned. Such records may be used solely by local health
departments for the purposes of the review. This section does
not prevent a local health department from publishing statis[Title 70 RCW—page 15]
70.05.180
Title 70 RCW: Public Health and Safety
tical compilations and reports related to the child mortality
review, if such compilations and reports do not identify individual cases and sources of information.
(b) Any records or documents supplied or maintained for
the purposes of a child mortality review are not subject to discovery or subpoena in any administrative, civil, or criminal
proceeding related to the death of a child reviewed. This provision shall not restrict or limit the discovery or subpoena
from a health care provider of records or documents maintained by such health care provider in the ordinary course of
business, whether or not such records or documents may have
been supplied to a local health department pursuant to this
section.
(c) Any summaries or analyses of records, documents, or
records of interviews prepared exclusively for purposes of a
child mortality review are not subject to discovery, subpoena,
or introduction into evidence in any administrative, civil, or
criminal proceeding related to the death of a child reviewed.
(d) No local health department official or employee, and
no members of technical committees established to perform
case reviews of selected child deaths may be examined in any
administrative, civil, or criminal proceeding as to the existence or contents of documents assembled, prepared, or maintained for purposes of a child mortality review.
(e) This section shall not be construed to prohibit or
restrict any person from reporting suspected child abuse or
neglect under chapter 26.44 RCW nor to limit access to or use
of any records, documents, information, or testimony in any
civil or criminal action arising out of any report made pursuant to chapter 26.44 RCW. [1993 c 41 § 1; 1992 c 179 § 1.]
Effective date—1999 c 391 §§ 1 and 2: "Sections 1 and 2 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [May 18, 1999]." [1999 c 391 § 7.]
Chapter 70.08
Chapter 70.08 RCW
COMBINED CITY-COUNTY
HEALTH DEPARTMENTS
Sections
70.08.005
70.08.010
70.08.020
70.08.030
70.08.040
70.08.050
70.08.060
70.08.070
70.08.080
70.08.090
70.08.100
70.08.110
70.08.900
Transfer of duties to the department of health.
Combined city-county health departments—Establishment.
Director of public health—Powers and duties.
Qualifications.
Director of public health—Appointment.
May act as health officer for other cities or towns.
Director of public health shall be registrar of vital statistics.
Employees may be included in civil service or retirement plans
of city, county, or combined department.
Pooling of funds.
Other cities or agencies may contract for services.
Termination of agreement to operate combined city-county
health department.
Prior expenditures in operating combined health department
ratified.
Severability—1980 c 57.
Control of cities and towns over water pollution: Chapter 35.88 RCW.
70.08.005
70.08.005 Transfer of duties to the department of
health. The powers and duties of the secretary of social and
health services under this chapter shall be performed by the
secretary of health. [1989 1st ex.s. c 9 § 244.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.08.010
70.05.180
70.05.180 Infectious disease testing—Good samaritans—Rules. A person rendering emergency care or transportation, commonly known as a "Good Samaritan," as
described in RCW 4.24.300 and 4.24.310, may request and
receive appropriate infectious disease testing free of charge
from the local health department of the county of her or his
residence, if: (1) While rendering emergency care she or he
came into contact with bodily fluids; and (2) she or he does
not have health insurance that covers the testing. Nothing in
this section requires a local health department to provide
health care services beyond testing. The department shall
adopt rules implementing this section.
The information obtained from infectious disease testing
is subject to statutory confidentiality provisions, including
those of chapters 70.24 and 70.05 RCW. [1999 c 391 § 2.]
Findings—Purpose—1999 c 391: "The legislature finds that citizens
who assist individuals in emergency situations perform a needed and valuable role that deserves recognition and support. The legislature further finds
that emergency assistance in the form of mouth to mouth resuscitation or
other emergency medical procedures resulting in the exchange of bodily fluids significantly increases the odds of being exposed to a deadly infectious
disease. Some of the more life-threatening diseases that can be transferred
during an emergency procedure where bodily fluids are exchanged include
hepatitis A, B, and C, and human immunodeficiency virus (HIV). Individuals infected by these diseases value confidentiality regarding this information. A number of good samaritans who perform life-saving emergency procedures such as cardiopulmonary resuscitation are unable to pay for the tests
necessary for detecting infectious diseases that could have been transmitted
during the emergency procedure. It is the purpose of this act to provide infectious disease testing at no cost to good samaritans who request testing for
infectious diseases after rendering emergency assistance that has brought
them into contact with a bodily fluid and to further protect the testing information once obtained through confidentiality provisions." [1999 c 391 § 1.]
[Title 70 RCW—page 16]
70.08.010 Combined city-county health departments—Establishment. Any city with one hundred thousand or more population and the county in which it is located,
are authorized, as shall be agreed upon between the respective governing bodies of such city and said county, to establish and operate a combined city and county health department, and to appoint the director of public health. [1985 c
124 § 1; (1993 c 492 § 244 repealed by 1995 c 43 § 16); 1949
c 46 § 1; Rem. Supp. 1949 § 6099-30. Formerly RCW
70.05.037.]
70.08.020
70.08.020 Director of public health—Powers and
duties. The director of public health is authorized to and
shall exercise all powers and perform all duties by law vested
in the local health officer. [1985 c 124 § 2; 1949 c 46 § 2;
Rem. Supp. 1949 § 6099-31.]
70.08.030
70.08.030 Qualifications. Notwithstanding any provisions to the contrary contained in any city or county charter,
the director of public health, under this chapter shall meet as
a minimum one of the following standards of educational
achievement and vocational experience to be qualified for
appointment to the office:
(1) Bachelor’s degree in business administration, public
administration, hospital administration, management, nursing, environmental health, epidemiology, public health, or its
equivalent and five years of experience in administration in a
community-related field; or
(2) A graduate degree in any of the fields listed in subsection (1) of this section, or in medicine or osteopathic med(2006 Ed.)
Combined City-County Health Departments
icine and surgery, plus three years of administrative experience in a community-related field.
The director shall not engage in the private practice of
the director’s profession during such tenure of office and
shall not be included in the classified civil service of the said
city or the said county.
If the director of public health does not meet the qualifications of a health officer or a physician under RCW
70.05.050, the director shall employ a person so qualified to
advise the director on medical or public health matters.
[1996 c 178 § 20; 1985 c 124 § 3; 1984 c 25 § 3; 1949 c 46 §
3; Rem. Supp. 1949 § 6099-32.]
Effective date—1996 c 178: See note following RCW 18.35.110.
70.08.040
70.08.040 Director of public health—Appointment.
Notwithstanding any provisions to the contrary contained in
any city or county charter, where a combined department is
established under this chapter, the director of public health
under this chapter shall be appointed by the county executive
of the county and the mayor of the city. The appointment
shall be effective only upon a majority vote confirmation of
the legislative authority of the county and the legislative
authority of the city. The director may be removed by the
county executive of the county, after consultation with the
mayor of the city, upon filing a statement of reasons therefor
with the legislative authorities of the county and the city.
[1995 c 188 § 1; 1995 c 43 § 9; 1985 c 124 § 4; 1980 c 57 §
1; 1949 c 46 § 4; Rem. Supp. 1949 § 6099-33.]
Reviser’s note: This section was amended by 1995 c 43 § 9 and by
1995 c 188 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
70.08.900
tained in any city or county charter, and to the extent provided by the city and the county pursuant to appropriate legislative enactment, employees of the combined city and
county health department may be included in the personnel
system or civil service and retirement plans of the city or the
county or a personnel system for the combined city and
county health department that is separate from the personnel
system or civil service of either county or city: PROVIDED,
That residential requirements for such positions shall be
coextensive with the county boundaries: PROVIDED FURTHER, That the city or county is authorized to pay such parts
of the expense of operating and maintaining such personnel
system or civil service and retirement system and to contribute to the retirement fund in behalf of employees such sums
as may be agreed upon between the legislative authorities of
such city and county. [1982 c 203 § 1; 1980 c 57 § 2; 1949 c
46 § 5; Rem. Supp. 1949 § 6099-34.]
70.08.080
70.08.080 Pooling of funds. The city by ordinance, and
the county by appropriate legislative enactment, under this
chapter may pool all or any part of their respective funds
available for public health purposes, in the office of the city
treasurer or the office of the county treasurer in a special
pooling fund to be established in accordance with agreements
between the legislative authorities of said city and county and
which shall be expended for the combined health department.
[1980 c 57 § 3; 1949 c 46 § 6; Rem. Supp. 1949 § 6099-35.]
70.08.090
70.08.090 Other cities or agencies may contract for
services. Any other city in said county, other governmental
agency or any charitable or health agency may by contract or
by agreement with the governing bodies of the combined
health department receive public health services. [1949 c 46
§ 7; Rem. Supp. 1949 § 6099-36.]
70.08.100
70.08.050 May act as health officer for other cities or
towns. Nothing in this chapter shall prohibit the director of
public health as provided herein from acting as health officer
for any other city or town within the county, nor from acting
as health officer in any adjoining county or any city or town
within such county having a contract or agreement as provided in RCW 70.08.090: PROVIDED, HOWEVER, That
before being appointed health officer for such adjoining
county, the secretary of health shall first give his or her
approval thereto. [1991 c 3 § 314; 1979 c 141 § 85; 1949 c
46 § 8; Rem. Supp. 1949 § 6099-37.]
70.08.050
70.08.100 Termination of agreement to operate combined city-county health department. Agreement to operate a combined city and county health department made
under this chapter may after two years from the date of such
agreement, be terminated by either party at the end of any calendar year upon notice in writing given at least six months
prior thereto. The termination of such agreement shall not
relieve either party of any obligations to which it has been
previously committed. [1949 c 46 § 10; Rem. Supp. 1949 §
6099-39.]
70.08.110
70.08.060
70.08.060 Director of public health shall be registrar
of vital statistics. The director of public health under this
chapter shall be registrar of vital statistics for all cities and
counties under his jurisdiction and shall conduct such vital
statistics work in accordance with the same laws and/or rules
and regulations pertaining to vital statistics for a city of the
first class. [1961 ex.s. c 5 § 4; 1949 c 46 § 9; Rem. Supp.
1949 § 6099-38.]
Vital statistics: Chapter 70.58 RCW.
70.08.070
70.08.070 Employees may be included in civil service
or retirement plans of city, county, or combined department. Notwithstanding any provisions to the contrary con(2006 Ed.)
70.08.110 Prior expenditures in operating combined
health department ratified. Any expenditures heretofore
made by a city of one hundred thousand population or more,
and by the county in which it is located, not made fraudulently and which were within the legal limits of indebtedness,
towards the expense of maintenance and operation of a combined health department, are hereby legalized and ratified.
[1949 c 46 § 11; Rem. Supp. 1949 § 6099-40.]
70.08.900
70.08.900 Severability—1980 c 57. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1980 c 57 § 4.]
[Title 70 RCW—page 17]
Chapter 70.10
Chapter 70.10
Title 70 RCW: Public Health and Safety
Chapter 70.10 RCW
COMPREHENSIVE COMMUNITY
HEALTH CENTERS
Sections
70.10.010
70.10.020
70.10.030
70.10.040
70.10.050
70.10.060
Declaration of policy—Combining health services—State
authorized to cooperate with other entities in constructing.
"Comprehensive community health center" defined.
Authorization to apply for and administer federal or state
funds.
Application for federal or state funds for construction of facility as part of or separate from health center—Processing and
approval by administering agencies—Decision on use as part
of comprehensive health center.
Application for federal or state funds for construction of facility as part of or separate from health center—Cooperation
between agencies in standardizing application procedures
and forms.
Adoption of rules and regulations—Liberal construction of
chapter.
Community mental health services act: Chapter 71.24 RCW.
Mental health and retardation services, interstate contracts: RCW
71.28.010.
70.10.010
70.10.010 Declaration of policy—Combining health
services—State authorized to cooperate with other entities in constructing. It is declared to be the policy of the legislature of the state of Washington that, wherever feasible,
community health, mental health and mental retardation services shall be combined within single facilities in order to
provide maximum utilization of available funds and personnel, and to assure the greatest possible coordination of such
services for the benefit of those requiring them. It is further
declared to be the policy of the legislature to authorize the
state to cooperate with counties, cities, and other municipal
corporations in order to encourage them to take such steps as
may be necessary to construct comprehensive community
health centers in communities throughout the state. [1967
ex.s. c 4 § 1.]
70.10.020
70.10.020 "Comprehensive community health center" defined. The term "comprehensive community health
center" as used in this chapter shall mean a health facility
housing community health, mental health, and developmental disabilities services. [1977 ex.s. c 80 § 37; 1967 ex.s. c 4
§ 2.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
70.10.030
70.10.030 Authorization to apply for and administer
federal or state funds. The several agencies of the state
authorized to administer within the state the various federal
acts providing federal moneys to assist in the cost of establishing community health, mental health, and mental retardation facilities, are authorized to apply for and disburse federal
grants, matching funds, or other funds, including gifts or
donations from any source, available for use by counties, cities, other municipal corporations or nonprofit corporations.
Upon application, these agencies shall also be authorized to
distribute such state funds as may be appropriated by the legislature for such local construction projects: PROVIDED,
That where state funds have been appropriated to assist in
covering the cost of constructing a comprehensive community health center, or a community health, mental health, or
mental retardation facility, and where any county, city, other
[Title 70 RCW—page 18]
municipal corporation or nonprofit corporation has submitted
an approved application for such state funds, then, after any
applicable federal grant has been deducted from the total cost
of construction, the state agency or agencies in charge of each
program may allocate to such applicant an amount not to
exceed fifty percent of that particular program’s contribution
toward the balance of remaining construction costs. [1967
ex.s. c 4 § 3.]
70.10.040
70.10.040 Application for federal or state funds for
construction of facility as part of or separate from health
center—Processing and approval by administering agencies—Decision on use as part of comprehensive health
center. Any application for federal or state funds to be used
for construction of the community health, mental health, or
developmental disabilities facility, which will be part of the
comprehensive community health center as defined in RCW
70.10.020, shall be separately processed and approved by the
state agency which has been designated to administer the particular federal or state program involved. Any application for
federal or state funds for a construction project to establish a
community health, mental health, or developmental disabilities facility not part of a comprehensive health center shall be
processed by the state agency which is designated to administer the particular federal or state program involved. This
agency shall also forward a copy of the application to the
other agency or agencies designated to administer the program or programs providing funds for construction of the
facilities which make up a comprehensive health center. The
agency or agencies receiving this copy of the application
shall have a period of time not to exceed sixty days in which
to file a statement with the agency to which the application
has been submitted and to any statutory advisory council or
committee which has been designated to advise the administering agency with regard to the program, stating that the proposed facility should or should not be part of a comprehensive health center. [1977 ex.s. c 80 § 38; 1967 ex.s. c 4 § 4.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
70.10.050
70.10.050 Application for federal or state funds for
construction of facility as part of or separate from health
center—Cooperation between agencies in standardizing
application procedures and forms. The several state agencies processing applications for the construction of comprehensive health centers for community health, mental health,
or developmental disability facilities shall cooperate to
develop general procedures to be used in implementing the
statute and to attempt to develop application forms and procedures which are as nearly standard as possible, after taking
cognizance of the different information required in the various programs, to assist applicants in applying to various state
agencies. [1977 ex.s. c 80 § 39; 1967 ex.s. c 4 § 5.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
70.10.060
70.10.060 Adoption of rules and regulations—Liberal construction of chapter. In furtherance of the legislative policy to authorize the state to cooperate with the federal
government in facilitating the construction of comprehensive
community health centers, the state agencies involved shall
(2006 Ed.)
Public Health Funds
adopt such rules and regulations as may become necessary to
entitle the state and local units of government to share in federal grants, matching funds, or other funds, unless the same
be expressly prohibited by this chapter. Any section or provision of this chapter susceptible to more than one construction
shall be interpreted in favor of the construction most likely to
satisfy federal laws entitling the state and local units of government to receive federal grants, matching funds or other
funds for the construction of comprehensive community
health centers. [1967 ex.s. c 4 § 6.]
Chapter 70.12
Chapter 70.12 RCW
PUBLIC HEALTH FUNDS
Sections
COUNTY FUNDS
70.12.015
70.12.025
Secretary may expend funds in counties.
County funds for public health.
70.12.030
70.12.040
70.12.050
70.12.060
70.12.070
Public health pooling fund.
Fund, how maintained and disbursed.
Expenditures from fund.
Expenditures geared to budget.
Fund subject to audit and check by state.
PUBLIC HEALTH POOLING FUND
COUNTY FUNDS
Chapter 70.14
In a district composed of more than one county, the
county treasurer of the county having the largest population
shall be the custodian of the fund, and the county auditor of
said county shall keep the record of receipts and disbursements; and shall draw and the county treasurer shall honor
and pay all such warrants.
Into any such fund so established may be paid:
(1) All grants from any state fund for county public
health work;
(2) Any county current expense funds appropriated for
the health department;
(3) Any other money appropriated by the county for
health work;
(4) City funds appropriated for the health department;
(5) All moneys received from any governmental agency,
local, state or federal which may contribute to the local health
department; and
(6) Any contributions from any charitable or voluntary
agency or contributions from any individual or estate.
Any school district may contract in writing for health
services with the health department of the county, first class
city or health district, and place such funds in the public
health pooling fund in accordance with the contract. [1983 c
3 § 170; 1945 c 46 § 2; 1943 c 190 § 2; Rem. Supp. 1945 §
6099-2.]
70.12.050
70.12.015
70.12.015 Secretary may expend funds in counties.
The secretary of health is hereby authorized to apportion and
expend such sums as he or she shall deem necessary for public health work in the counties of the state, from the appropriations made to the state department of health for county public health work. [1991 c 3 § 315; 1979 c 141 § 86; 1939 c 191
§ 2; RRS § 6001-1. Formerly RCW 70.12.080.]
70.12.025
70.12.025 County funds for public health. Each
county legislative authority shall annually budget and appropriate a sum for public health work. [1975 1st ex.s. c 291 §
2.]
Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050.
PUBLIC HEALTH POOLING FUND
70.12.030
70.12.030 Public health pooling fund. Any county,
combined city-county health department, or health district is
hereby authorized and empowered to create a "public health
pooling fund", hereafter called the "fund", for the efficient
management and control of all moneys coming to such
county, combined department, or district for public health
purposes. [1993 c 492 § 245; 1945 c 46 § 1; 1943 c 190 § 1;
Rem. Supp. 1945 § 6099-1.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.12.050 Expenditures from fund. All expenditures
in connection with salaries, wages and operations incurred in
carrying on the health department of the county, combined
city-county health department, or health district shall be paid
out of such fund. [1993 c 492 § 246; 1945 c 46 § 3; 1943 c
190 § 3; Rem. Supp. 1945 § 6099-3.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.12.060
70.12.060 Expenditures geared to budget. Any fund
established as herein provided shall be expended so as to
make the expenditures thereof agree with any respective
appropriation period. Any accumulation in any such fund so
established shall be taken into consideration when preparing
any budget for the operations for the ensuing year. [1943 c
190 § 4; Rem. Supp. 1943 § 6099-4.]
70.12.070
70.12.070 Fund subject to audit and check by state.
The public health pool fund shall be subject to audit by the
state auditor and shall be subject to check by the state department of health. [1995 c 301 § 77; 1991 c 3 § 316; 1979 c 141
§ 87; 1943 c 190 § 5; Rem. Supp. 1943 § 6099-5.]
Chapter 70.14 RCW
HEALTH CARE SERVICES PURCHASED BY
STATE AGENCIES
Chapter 70.14
Sections
70.12.040
70.12.040 Fund, how maintained and disbursed. Any
such fund may be established in the county treasurer’s office
or the city treasurer’s office of a first class city according to
the type of local health department organization existing.
(2006 Ed.)
70.14.020
70.14.030
70.14.040
70.14.050
State agencies to identify alternative health care providers.
Health care utilization review procedures.
Review of prospective rate setting methods.
Drug purchasing cost controls—Establishment of evidencebased prescription drug program.
[Title 70 RCW—page 19]
70.14.020
70.14.060
70.14.070
70.14.080
70.14.090
70.14.100
70.14.110
70.14.120
70.14.130
70.14.140
Title 70 RCW: Public Health and Safety
Prescription drug purchasing consortium—Participation—
Prescription drug consortium advisory committee—Exceptions—Rules.
Prescription drug consortium account.
Definitions.
Health technology clinical committee.
Health technology selection and assessment.
Health technology clinical committee determinations.
Agency compliance with committee determination—Coverage and reimbursement determinations for nonreviewed
health technologies—Appeals.
Health technology clinical committee—Public notice.
Applicability to health care services purchased from health
carriers.
State health care cost containment policies: RCW 43.41.160.
70.14.020
70.14.020 State agencies to identify alternative health
care providers. Each of the agencies listed in *RCW
70.14.010, with the exception of the department of labor and
industries, which expends more than five hundred thousand
dollars annually of state funds for purchase of health care
shall identify the availability and costs of nonfee for service
providers of health care, including preferred provider organizations, health maintenance organizations, managed health
care or case management systems, or other nonfee for service
alternatives. In each case where feasible in which an alternative health care provider arrangement, of similar scope and
quality, is available at lower cost than fee for service providers, such state agencies shall make the services of the alternative provider available to clients, consumers, or employees
for whom state dollars are spent to purchase health care. As
consistent with other state and federal law, requirements for
copayments, deductibles, the scope of available services, or
other incentives shall be used to encourage clients, consumers, or employees to use the lowest cost providers, except that
copayments or deductibles shall not be required where they
might have the impact of denying access to necessary health
care in a timely manner. [1986 c 303 § 7.]
*Reviser’s note: RCW 70.14.010 was repealed by 1988 c 107 § 35,
effective October 1, 1988.
Medical assistance—Agreements with managed health care systems: RCW
74.09.522.
70.14.030
70.14.030 Health care utilization review procedures.
Plans for establishing or improving utilization review procedures for purchased health care services shall be developed
by each agency listed in *RCW 70.14.010. The plans shall
specifically address such utilization review procedures as
prior authorization of services, hospital inpatient length of
stay review, requirements for use of outpatient surgeries and
the obtaining of second opinions for surgeries, review of
invoices or claims submitted by service providers, and performance audit of providers. [1986 c 303 § 8.]
*Reviser’s note: RCW 70.14.010 was repealed by 1988 c 107 § 35,
effective October 1, 1988.
70.14.040
70.14.040 Review of prospective rate setting methods. The state agencies listed in *RCW 70.14.010 shall
review the feasibility of establishing prospective payment
approaches within their health care programs. Work plans or
timetables shall be prepared for the development of prospective rates. The agencies shall identify legislative actions that
may be necessary to facilitate the adoption of prospective rate
setting methods. [1986 c 303 § 9.]
[Title 70 RCW—page 20]
*Reviser’s note: RCW 70.14.010 was repealed by 1988 c 107 § 35,
effective October 1, 1988.
70.14.050
70.14.050 Drug purchasing cost controls—Establishment of evidence-based prescription drug program. (1)
Each agency administering a state purchased health care program as defined in RCW 41.05.011(2) shall, in cooperation
with other agencies, take any necessary actions to control
costs without reducing the quality of care when reimbursing
for or purchasing drugs. To accomplish this purpose, participating agencies may establish an evidence-based prescription drug program.
(2) In developing the evidence-based prescription drug
program authorized by this section, agencies:
(a) Shall prohibit reimbursement for drugs that are determined to be ineffective by the United States food and drug
administration;
(b) Shall adopt rules in order to ensure that less expensive generic drugs will be substituted for brand name drugs in
those instances where the quality of care is not diminished;
(c) Where possible, may authorize reimbursement for
drugs only in economical quantities;
(d) May limit the prices paid for drugs by such means as
negotiated discounts from pharmaceutical manufacturers,
central purchasing, volume contracting, or setting maximum
prices to be paid;
(e) Shall consider the approval of drugs with lower abuse
potential in substitution for drugs with significant abuse
potential;
(f) May take other necessary measures to control costs of
drugs without reducing the quality of care; and
(g) Shall adopt rules governing practitioner endorsement
and use of any list developed as part of the program authorized by this section.
(3) Agencies shall provide for reasonable exceptions,
consistent with RCW 69.41.190, to any list developed as part
of the program authorized by this section.
(4) Agencies shall establish an independent pharmacy
and therapeutics committee to evaluate the effectiveness of
prescription drugs in the development of the program authorized by this section. [2003 1st sp.s. c 29 § 9; 1986 c 303 §
10.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
70.14.060
70.14.060 Prescription drug purchasing consortium—Participation—Prescription drug consortium
advisory committee—Exceptions—Rules. (1) The administrator of the state health care authority shall, directly or by
contract, adopt policies necessary for establishment of a prescription drug purchasing consortium. The consortium’s purchasing activities shall be based upon the evidence-based
prescription drug program established under RCW
70.14.050. State purchased health care programs as defined
in RCW 41.05.011 shall purchase prescription drugs through
the consortium for those prescription drugs that are purchased directly by the state and those that are purchased
through reimbursement of pharmacies, unless exempted
under this section. The administrator shall not require any
supplemental rebate offered to the department of social and
(2006 Ed.)
Health Care Services Purchased by State Agencies
health services by a pharmaceutical manufacturer for prescription drugs purchased for medical assistance program clients under chapter 74.09 RCW be extended to any other state
purchased health care program, or to any other individuals or
entities participating in the consortium. The administrator
shall explore joint purchasing opportunities with other states.
(2) Participation in the purchasing consortium shall be
offered as an option beginning January 1, 2006. Participation
in the consortium is purely voluntary for units of local government, private entities, labor organizations, and for individuals who lack or are underinsured for prescription drug coverage. The administrator may set reasonable fees, including
enrollment fees, to cover administrative costs attributable to
participation in the prescription drug consortium.
(3) The prescription drug consortium advisory committee is created within the authority. The function of the prescription drug advisory committee is to advise the administrator of the state health care authority on the implementation
of the prescription drug purchasing consortium.
(4) The prescription drug consortium advisory committee shall be composed of eleven members selected as provided in this subsection.
(a) The administrator shall select one member of the prescription drug consortium advisory committee from each list
of three nominees submitted by statewide organizations representing the following:
(i) One representative of state employees, who represents an employee union certified as exclusive representative
of at least one bargaining unit of classified employees;
(ii) One member who is a licensed physician;
(iii) One member who is a licensed pharmacist;
(iv) One member who is a licensed advanced registered
nurse practitioner;
(v) One member representing a health carrier licensed
under Title 48 RCW; and
(vi) One member representing unions that represent private sector employees;
(b) The administrator shall select two members of the
advisory committee from a list of nominees submitted by
statewide organizations representing consumers. One of the
consumer members shall have knowledge or experience
regarding senior citizen prescription drug cost and utilization
issues;
(c) The administrator shall select two members of the
advisory committee from a list of nominees submitted by
statewide organizations representing business, one of whom
shall represent small businesses who employ fifty or fewer
employees and one of whom shall represent large businesses;
and
(d) The administrator shall select one member who is
versed in biologic medicine through research or academia
from the University of Washington or Washington State University.
(5) The administrator shall consult with the advisory
committee on at least a quarterly basis on significant policy
decisions related to implementation of the purchasing consortium.
(6) This section does not apply to state purchased health
care services that are purchased from or through health carriers as defined in RCW 48.43.005, or group model health
(2006 Ed.)
70.14.080
maintenance organizations that are accredited by the national
committee for quality assurance.
(7) The state health care authority is authorized to adopt
rules implementing chapter 129, Laws of 2005.
(8) State purchased health care programs are exempt
from the requirements of this section if they can demonstrate
to the administrator that, as a result of the availability of federal programs or other purchasing arrangements, their other
purchasing mechanisms will result in greater discounts and
aggregate cost savings than would be realized through participation in the consortium. [2005 c 129 § 1.]
Performance audit—2005 c 129 § 1: "By December 1, 2008, the joint
legislative audit and review committee shall conduct a performance audit on
the operation of the consortium created in section 1 of this act. The audit
shall review the operations and outcomes associated with the implementation of this consortium and identify the net savings, if any, to the members of
the consortium, the percentage of targeted populations participating, and
changes in the health outcomes of participants." [2005 c 129 § 3.]
Severability—2005 c 129: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 129 § 4.]
Conflict with federal requirements—2005 c 129: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned.
Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [2005 c 129 §
5.]
70.14.070
70.14.070 Prescription drug consortium account.
The prescription drug consortium account is created in the
custody of the state treasurer. All receipts from activities
related to administration of the state drug purchasing consortium on behalf of participating individuals and organizations,
other than state purchased health care programs, shall be
deposited into the account. The receipts include but are not
limited to rebates from manufacturers, and the fees established under RCW 70.14.060(2). Expenditures from the
account may be used only for the purposes of RCW
70.14.060. Only the administrator of the state health care
authority or the administrator’s designee may authorize
expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures. [2005 c 129 §
2.]
Severability—Conflict with federal requirements—2005 c 129: See
notes following RCW 70.14.060.
70.14.080
70.14.080 Definitions. The definitions in this section
apply throughout RCW 70.14.090 through 70.14.130 unless
the context clearly requires otherwise.
(1) "Administrator" means the administrator of the
Washington state health care authority under chapter 41.05
RCW.
(2) "Advisory group" means a group established under
RCW 70.14.110(2)(c).
(3) "Committee" means the health technology clinical
committee established under RCW 70.14.090.
(4) "Coverage determination" means a determination of
the circumstances, if any, under which a health technology
[Title 70 RCW—page 21]
70.14.090
Title 70 RCW: Public Health and Safety
will be included as a covered benefit in a state purchased
health care program.
(5) "Health technology" means medical and surgical
devices and procedures, medical equipment, and diagnostic
tests. Health technologies does not include prescription
drugs governed by RCW 70.14.050.
(6) "Participating agency" means the department of
social and health services, the state health care authority, and
the department of labor and industries.
(7) "Reimbursement determination" means a determination to provide or deny reimbursement for a health technology included as a covered benefit in a specific circumstance
for an individual patient who is eligible to receive health care
services from the state purchased health care program making the determination. [2006 c 307 § 1.]
Captions not law—2006 c 307: "Captions used in this act are not any
part of the law." [2006 c 307 § 10.]
Conflict with federal requirements—2006 c 307: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned.
Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [2006 c 307 §
11.]
70.14.090
70.14.090 Health technology clinical committee. (1)
A health technology clinical committee is established, to
include the following eleven members appointed by the
administrator in consultation with participating state agencies:
(a) Six practicing physicians licensed under chapter
18.57 or 18.71 RCW; and
(b) Five other practicing licensed health professionals
who use health technology in their scope of practice.
At least two members of the committee must have professional experience treating women, children, elderly persons, and people with diverse ethnic and racial backgrounds.
(2) Members of the committee:
(a) Shall not contract with or be employed by a health
technology manufacturer or a participating agency during
their term or for eighteen months before their appointment.
As a condition of appointment, each person shall agree to the
terms and conditions imposed by the administrator regarding
conflicts of interest;
(b) Are immune from civil liability for any official acts
performed in good faith as members of the committee; and
(c) Shall be compensated for participation in the work of
the committee in accordance with a personal services contract to be executed after appointment and before commencement of activities related to the work of the committee.
(3) Meetings of the committee and any advisory group
are subject to chapter 42.30 RCW, the open public meetings
act, including RCW 42.30.110(1)(l), which authorizes an
executive session during a regular or special meeting to consider proprietary or confidential nonpublished information.
(4) Neither the committee nor any advisory group is an
agency for purposes of chapter 34.05 RCW.
(5) The health care authority shall provide administrative
support to the committee and any advisory group, and may
adopt rules governing their operation. [2006 c 307 § 2.]
[Title 70 RCW—page 22]
Captions not law—Conflict with federal requirements—2006 c 307:
See notes following RCW 70.14.080.
70.14.100
70.14.100 Health technology selection and assessment. (1) The administrator, in consultation with participating agencies and the committee, shall select the health technologies to be reviewed by the committee under RCW
70.14.110. Up to six may be selected for review in the first
year after June 7, 2006, and up to eight may be selected in the
second year after June 7, 2006. In making the selection, priority shall be given to any technology for which:
(a) There are concerns about its safety, efficacy, or costeffectiveness, especially relative to existing alternatives, or
significant variations in its use;
(b) Actual or expected state expenditures are high, due to
demand for the technology, its cost, or both; and
(c) There is adequate evidence available to conduct the
complete review.
(2) A health technology for which the committee has
made a determination under RCW 70.14.110 shall be considered for rereview at least once every eighteen months, beginning the date the determination is made. The administrator,
in consultation with participating agencies and the committee, shall select the technology for rereview if he or she
decides that evidence has since become available that could
change a previous determination. Upon rereview, consideration shall be given only to evidence made available since the
previous determination.
(3) Pursuant to a petition submitted by an interested
party, the health technology clinical committee may select
health technologies for review that have not otherwise been
selected by the administrator under subsection (1) or (2) of
this section.
(4) Upon the selection of a health technology for review,
the administrator shall contract for a systematic evidencebased assessment of the technology’s safety, efficacy, and
cost-effectiveness. The contract shall:
(a) Be with an evidence-based practice center designated
as such by the federal agency for health care research and
quality, or other appropriate entity;
(b) Require the assessment be initiated no sooner than
thirty days after notice of the selection of the health technology for review is posted on the internet under RCW
70.14.130;
(c) Require, in addition to other information considered
as part of the assessment, consideration of: (i) Safety, health
outcome, and cost data submitted by a participating agency;
and (ii) evidence submitted by any interested party; and
(d) Require the assessment to: (i) Give the greatest
weight to the evidence determined, based on objective indicators, to be the most valid and reliable, considering the nature
and source of the evidence, the empirical characteristic of the
studies or trials upon which the evidence is based, and the
consistency of the outcome with comparable studies; and (ii)
take into account any unique impacts of the technology on
specific populations based upon factors such as sex, age, ethnicity, race, or disability. [2006 c 307 § 3.]
Captions not law—Conflict with federal requirements—2006 c 307:
See notes following RCW 70.14.080.
(2006 Ed.)
Mosquito Control
70.14.110
70.14.110 Health technology clinical committee
determinations. (1) The committee shall determine, for
each health technology selected for review under RCW
70.14.100: (a) The conditions, if any, under which the health
technology will be included as a covered benefit in health
care programs of participating agencies; and (b) if covered,
the criteria which the participating agency administering the
program must use to decide whether the technology is medically necessary, or proper and necessary treatment.
(2) In making a determination under subsection (1) of
this section, the committee:
(a) Shall consider, in an open and transparent process,
evidence regarding the safety, efficacy, and cost-effectiveness of the technology as set forth in the systematic assessment conducted under RCW 70.14.100(4);
(b) Shall provide an opportunity for public comment;
and
(c) May establish ad hoc temporary advisory groups if
specialized expertise is needed to review a particular health
technology or group of health technologies, or to seek input
from enrollees or clients of state purchased health care programs. Advisory group members are immune from civil liability for any official act performed in good faith as a member
of the group. As a condition of appointment, each person
shall agree to the terms and conditions imposed by the administrator regarding conflicts of interest.
(3) Determinations of the committee under subsection
(1) of this section shall be consistent with decisions made
under the federal medicare program and in expert treatment
guidelines, including those from specialty physician organizations and patient advocacy organizations, unless the committee concludes, based on its review of the systematic
assessment, that substantial evidence regarding the safety,
efficacy, and cost-effectiveness of the technology supports a
contrary determination. [2006 c 307 § 4.]
Captions not law—Conflict with federal requirements—2006 c 307:
See notes following RCW 70.14.080.
Chapter 70.22
under RCW 70.14.110, or for which a condition of coverage
established by the committee is not met, shall not be subject
to a determination in the case of an individual patient as to
whether it is medically necessary, or proper and necessary
treatment.
(4) Nothing in chapter 307, Laws of 2006 diminishes an
individual’s right under existing law to appeal an action or
decision of a participating agency regarding a state purchased
health care program. Appeals shall be governed by state and
federal law applicable to participating agency decisions.
[2006 c 307 § 5.]
Captions not law—Conflict with federal requirements—2006 c 307:
See notes following RCW 70.14.080.
70.14.130
70.14.130 Health technology clinical committee—
Public notice. (1) The administrator shall develop a centralized, internet-based communication tool that provides, at a
minimum:
(a) Notification when a health technology is selected for
review under RCW 70.14.100, indicating when the review
will be initiated and how an interested party may submit evidence, or provide public comment, for consideration during
the review;
(b) Notification of any determination made by the committee under RCW 70.14.110(1), its effective date, and an
explanation of the basis for the determination; and
(c) Access to the systematic assessment completed under
RCW 70.14.100(4), and reports completed under subsection
(2) of this section.
(2) Participating agencies shall develop methods to
report on the implementation of this section and RCW
70.14.080 through 70.14.120 with respect to health care outcomes, frequency of exceptions, cost outcomes, and other
matters deemed appropriate by the administrator. [2006 c
307 § 7.]
Captions not law—Conflict with federal requirements—2006 c 307:
See notes following RCW 70.14.080.
70.14.120
70.14.120 Agency compliance with committee determination—Coverage and reimbursement determinations
for nonreviewed health technologies—Appeals. (1) A participating agency shall comply with a determination of the
committee under RCW 70.14.110 unless:
(a) The determination conflicts with an applicable federal statute or regulation, or applicable state statute; or
(b) Reimbursement is provided under an agency policy
regarding experimental or investigational treatment, services
under a clinical investigation approved by an institutional
review board, or health technologies that have a humanitarian
device exemption from the federal food and drug administration.
(2) For a health technology not selected for review under
RCW 70.14.100, a participating agency may use its existing
statutory and administrative authority to make coverage and
reimbursement determinations. Such determinations shall be
shared among agencies, with a goal of maximizing each
agency’s understanding of the basis for the other’s decisions
and providing opportunities for agency collaboration.
(3) A health technology not included as a covered benefit
under a state purchased health care program pursuant to a
determination of the health technology clinical committee
(2006 Ed.)
70.14.140
70.14.140 Applicability to health care services purchased from health carriers. RCW 70.14.080 through
70.14.130 and 41.05.013 do not apply to state purchased
health care services that are purchased from or through health
carriers as defined in RCW 48.43.005. [2006 c 307 § 9.]
Captions not law—Conflict with federal requirements—2006 c 307:
See notes following RCW 70.14.080.
Chapter 70.22
Chapter 70.22 RCW
MOSQUITO CONTROL
Sections
70.22.005
70.22.010
70.22.020
70.22.030
70.22.040
70.22.050
70.22.060
70.22.900
Transfer of duties to the department of health.
Declaration of purpose.
Secretary may make inspections, investigations, and determinations and provide for control.
Secretary to coordinate plans.
Secretary may contract with, receive funds from entities and
individuals—Authorization for governmental entities to contract, grant funds, levy taxes.
Powers and duties of secretary.
Governmental entities to cooperate with secretary.
Severability—1961 c 283.
[Title 70 RCW—page 23]
70.22.005
Title 70 RCW: Public Health and Safety
70.22.005
70.22.005 Transfer of duties to the department of
health. The powers and duties of the secretary of social and
health services under this chapter shall be performed by the
secretary of health. [1989 1st ex.s. c 9 § 246.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.22.010
70.22.010 Declaration of purpose. The purpose of this
chapter is to establish a statewide program for the control or
elimination of mosquitoes as a health hazard. [1961 c 283 §
1.]
Mosquito control districts: Chapter 17.28 RCW.
70.22.020
70.22.020 Secretary may make inspections, investigations, and determinations and provide for control. The
secretary of health is hereby authorized and empowered to
make or cause to be made such inspections, investigations,
studies and determinations as he or she may from time to time
deem advisable in order to ascertain the effect of mosquitoes
as a health hazard, and, to the extent to which funds are available, to provide for the control or elimination thereof in any
or all parts of the state. [1991 c 3 § 317; 1979 c 141 § 88;
1961 c 283 § 2.]
(2) Acquire by gift, devise, bequest, lease, or purchase,
real and personal property necessary or convenient for carrying out the purpose of this chapter;
(3) Make contracts, employ engineers, health officers,
sanitarians, physicians, laboratory personnel, attorneys, and
other technical or professional assistants;
(4) Publish information or literature; and
(5) Do any and all other things necessary to carry out the
purpose of this chapter: PROVIDED, That no program shall
be permitted nor any action taken in pursuance thereof which
may be injurious to the life or health of game or fish. [1991 c
3 § 320; 1989 c 11 § 25; 1979 c 141 § 91; 1961 c 283 § 5.]
Severability—1989 c 11: See note following RCW 9A.56.220.
70.22.060
70.22.060 Governmental entities to cooperate with
secretary. Each state department, agency, and political subdivision shall cooperate with the secretary of health in carrying out the purposes of this chapter. [1991 c 3 § 321; 1979 c
141 § 92; 1961 c 283 § 6.]
70.22.900
70.22.900 Severability—1961 c 283. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1961 c 283 § 7.]
70.22.030
70.22.030 Secretary to coordinate plans. The secretary of health shall coordinate plans for mosquito control
work which may be projected by any county, city or town,
municipal corporation, taxing district, state department or
agency, federal government agency, or any person, group or
organization, and arrange for cooperation between any such
districts, departments, agencies, persons, groups or organizations. [1991 c 3 § 318; 1979 c 141 § 89; 1961 c 283 § 3.]
70.22.040
70.22.040 Secretary may contract with, receive funds
from entities and individuals—Authorization for governmental entities to contract, grant funds, levy taxes. The
secretary of health is authorized and empowered to receive
funds from any county, city or town, municipal corporation,
taxing district, the federal government, or any person, group
or organization to carry out the purpose of this chapter. In
connection therewith the secretary is authorized and empowered to contract with any such county, city, or town, municipal corporation, taxing district, the federal government, person, group or organization with respect to the construction
and maintenance of facilities and other work for the purpose
of effecting mosquito control or elimination, and any such
county, city or town, municipal corporation, or taxing district
obligated to carry out the provisions of any such contract
entered into with the secretary is authorized, empowered and
directed to appropriate, and if necessary, to levy taxes for and
pay over such funds as its contract with the secretary may
from time to time require. [1991 c 3 § 319; 1979 c 141 § 90;
1961 c 283 § 4.]
70.22.050
70.22.050 Powers and duties of secretary. To carry
out the purpose of this chapter, the secretary of health may:
(1) Abate as nuisances breeding places for mosquitoes as
defined in RCW 17.28.170;
[Title 70 RCW—page 24]
Chapter 70.24 RCW
CONTROL AND TREATMENT OF SEXUALLY
TRANSMITTED DISEASES
Chapter 70.24
(Formerly: Control and treatment of venereal diseases)
Sections
70.24.005
70.24.015
70.24.017
70.24.022
70.24.024
70.24.034
70.24.050
70.24.070
70.24.080
70.24.084
70.24.090
70.24.095
70.24.100
70.24.105
70.24.107
70.24.110
70.24.120
70.24.125
70.24.130
70.24.140
70.24.150
70.24.200
70.24.210
70.24.220
70.24.240
Transfer of duties to the department of health.
Legislative finding.
Definitions.
Interviews, examination, counseling, or treatment of infected
persons or persons believed to be infected—Dissemination
of false information—Penalty.
Orders for examinations and counseling—Restrictive measures—Investigation—Issuance of order—Confidential
notice and hearing—Exception.
Detention—Grounds—Order—Hearing.
Diagnosis of sexually transmitted diseases—Confirmation—
Anonymous prevalence reports.
Detention and treatment facilities.
Penalty.
Violations of chapter—Aggrieved persons—Right of action.
Pregnant women—Test for syphilis.
Pregnant women—Drug treatment program participants—
AIDS counseling.
Syphilis laboratory tests.
Disclosure of HIV antibody test or testing or treatment of sexually transmitted diseases—Exchange of medical information.
Rule-making authority—1997 c 345.
Minors—Treatment, consent, liability for payment for care.
Sexually transmitted disease case investigators—Authority to
withdraw blood.
Reporting requirements for sexually transmitted diseases—
Rules.
Adoption of rules.
Certain infected persons—Sexual intercourse unlawful without notification.
Immunity of certain public employees.
Information for the general public on sexually transmitted diseases—Emphasis.
Information for children on sexually transmitted diseases—
Emphasis.
AIDS education in public schools—Finding.
Clearinghouse for AIDS educational materials.
(2006 Ed.)
Control and Treatment of Sexually Transmitted Diseases
70.24.250
70.24.260
70.24.270
70.24.280
70.24.290
70.24.300
70.24.310
70.24.320
70.24.325
70.24.330
70.24.340
70.24.350
70.24.360
70.24.370
70.24.380
70.24.400
70.24.410
70.24.420
70.24.430
70.24.450
70.24.900
Office on AIDS—Repository and clearinghouse for AIDS
education and training material—University of Washington
duties.
Emergency medical personnel—Rules for AIDS education
and training.
Health professionals—Rules for AIDS education and training.
Board of pharmacy—Rules for AIDS education and training.
Public school employees—Rules for AIDS education and
training.
State and local government employees—Determination of
substantial likelihood of exposure—Rules for AIDS education and training.
Health care facility employees—Rules for AIDS education
and training.
Counseling and testing—AIDS and HIV—Definitions.
Counseling and testing—Insurance requirements.
HIV testing—Consent, exceptions.
Convicted persons—Mandatory testing and counseling for
certain offenses—Employees’ substantial exposure to bodily
fluids—Procedure and court orders.
Prostitution and drug offenses—Voluntary testing and counseling.
Jail detainees—Testing and counseling of persons who present
a possible risk.
Correction facility inmates—Counseling and testing of persons who present a possible risk—Training for administrators and superintendents—Procedure.
Board of health—Rules for counseling and testing.
Department to establish regional AIDS service networks—
Funding—Lead counties—Regional plans—University of
Washington, center for AIDS education.
AIDS advisory committee—Duties, review of insurance problems—Termination.
Additional local funding of treatment programs not required.
Application of chapter to persons subject to jurisdiction of
department of corrections.
Confidentiality—Reports—Unauthorized disclosures.
Severability—1988 c 206.
Center for volunteerism and citizen service: RCW 43.150.050.
70.24.005
70.24.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services, the department of licensing, and the secretary of social and health services under this chapter shall be
performed by the department of health and the secretary of
health. [1989 1st ex.s. c 9 § 247.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.24.015
70.24.015 Legislative finding. The legislature declares
that sexually transmitted diseases constitute a serious and
sometimes fatal threat to the public and individual health and
welfare of the people of the state. The legislature finds that
the incidence of sexually transmitted diseases is rising at an
alarming rate and that these diseases result in significant
social, health, and economic costs, including infant and
maternal mortality, temporary and lifelong disability, and
premature death. The legislature further finds that sexually
transmitted diseases, by their nature, involve sensitive issues
of privacy, and it is the intent of the legislature that all programs designed to deal with these diseases afford patients
privacy, confidentiality, and dignity. The legislature also
finds that medical knowledge and information about sexually
transmitted diseases are rapidly changing. It is therefore the
intent of the legislature to provide a program that is sufficiently flexible to meet emerging needs, deals efficiently and
effectively with reducing the incidence of sexually transmitted diseases, and provides patients with a secure knowledge
that information they provide will remain private and confidential. [1988 c 206 § 901.]
(2006 Ed.)
70.24.017
70.24.017
70.24.017 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Acquired immunodeficiency syndrome" or "AIDS"
means the clinical syndrome of HIV-related illness as defined
by the board of health by rule.
(2) "Board" means the state board of health.
(3) "Department" means the department of health, or any
successor department with jurisdiction over public health
matters.
(4) "Health care provider" means any person who is a
member of a profession under RCW 18.130.040 or other person providing medical, nursing, psychological, or other
health care services regulated by the department of health.
(5) "Health care facility" means a hospital, nursing
home, neuropsychiatric or mental health facility, home health
agency, hospice, child care agency, group care facility, family foster home, clinic, blood bank, blood center, sperm bank,
laboratory, or other social service or health care institution
regulated or operated by the department of health.
(6) "HIV-related condition" means any medical condition resulting from infection with HIV including, but not limited to, seropositivity for HIV.
(7) "Human immunodeficiency virus" or "HIV" means
all HIV and HIV-related viruses which damage the cellular
branch of the human immune or neurological systems and
leave the infected person immunodeficient or neurologically
impaired.
(8) "Test for a sexually transmitted disease" means a test
approved by the board by rule.
(9) "Legal guardian" means a person appointed by a
court to assume legal authority for another who has been
found incompetent or, in the case of a minor, a person who
has legal custody of the child.
(10) "Local public health officer" means the officer
directing the county health department or his or her designee
who has been given the responsibility and authority to protect
the health of the public within his or her jurisdiction.
(11) "Person" includes any natural person, partnership,
association, joint venture, trust, public or private corporation,
or health facility.
(12) "Release of test results" means a written authorization for disclosure of any sexually transmitted disease test
result which is signed, dated, and which specifies to whom
disclosure is authorized and the time period during which the
release is to be effective.
(13) "Sexually transmitted disease" means a bacterial,
viral, fungal, or parasitic disease, determined by the board by
rule to be sexually transmitted, to be a threat to the public
health and welfare, and to be a disease for which a legitimate
public interest will be served by providing for regulation and
treatment. The board shall designate chancroid, gonorrhea,
granuloma inguinale, lymphogranuloma venereum, genital
herpes simplex, chlamydia, nongonococcal urethritis (NGU),
trachomitis, genital human papilloma virus infection, syphilis, acquired immunodeficiency syndrome (AIDS), and
human immunodeficiency virus (HIV) infection as sexually
transmitted diseases, and shall consider the recommendations
and classifications of the centers for disease control and other
nationally recognized medical authorities in designating
other diseases as sexually transmitted.
[Title 70 RCW—page 25]
70.24.022
Title 70 RCW: Public Health and Safety
(14) "State public health officer" means the secretary of
health or an officer appointed by the secretary. [2001 c 319 §
4; 1991 c 3 § 322; 1988 c 206 § 101.]
70.24.022
70.24.022 Interviews, examination, counseling, or
treatment of infected persons or persons believed to be
infected—Dissemination of false information—Penalty.
(1) The board shall adopt rules authorizing interviews and the
state and local public health officers and their authorized representatives may interview, or cause to be interviewed, all
persons infected with a sexually transmitted disease and all
persons who, in accordance with standards adopted by the
board by rule, are reasonably believed to be infected with
such diseases for the purpose of investigating the source and
spread of the diseases and for the purpose of ordering a person to submit to examination, counseling, or treatment as
necessary for the protection of the public health and safety,
subject to RCW 70.24.024.
(2) State and local public health officers or their authorized representatives shall investigate identified partners of
persons infected with sexually transmitted diseases in accordance with procedures prescribed by the board.
(3) All information gathered in the course of contact
investigation pursuant to this section shall be considered confidential.
(4) No person contacted under this section or reasonably
believed to be infected with a sexually transmitted disease
who reveals the name or names of sexual contacts during the
course of an investigation shall be held liable in a civil action
for such revelation, unless the revelation is made with a
knowing or reckless disregard for the truth.
(5) Any person who knowingly or maliciously disseminates any false information or report concerning the existence
of any sexually transmitted disease under this section is
guilty of a gross misdemeanor punishable as provided under
RCW 9A.20.021. [1988 c 206 § 906.]
70.24.024
70.24.024 Orders for examinations and counseling—
Restrictive measures—Investigation—Issuance of
order—Confidential notice and hearing—Exception. (1)
Subject to the provisions of this chapter, the state and local
public health officers or their authorized representatives may
examine and counsel or cause to be examined and counseled
persons reasonably believed to be infected with or to have
been exposed to a sexually transmitted disease.
(2) Orders or restrictive measures directed to persons
with a sexually transmitted disease shall be used as the last
resort when other measures to protect the public health have
failed, including reasonable efforts, which shall be documented, to obtain the voluntary cooperation of the person
who may be subject to such an order. The orders and measures shall be applied serially with the least intrusive measures used first. The burden of proof shall be on the state or
local public health officer to show that specified grounds
exist for the issuance of the orders or restrictive measures and
that the terms and conditions imposed are no more restrictive
than necessary to protect the public health.
(3) When the state or local public health officer within
his or her respective jurisdiction knows or has reason to
believe, because of direct medical knowledge or reliable tes[Title 70 RCW—page 26]
timony of others in a position to have direct knowledge of a
person’s behavior, that a person has a sexually transmitted
disease and is engaging in specified conduct, as determined
by the board by rule based upon generally accepted standards
of medical and public health science, that endangers the public health, he or she shall conduct an investigation in accordance with procedures prescribed by the board to evaluate the
specific facts alleged, if any, and the reliability and credibility of the person or persons providing such information and,
if satisfied that the allegations are true, he or she may issue an
order according to the following priority to:
(a) Order a person to submit to a medical examination or
testing, seek counseling, or obtain medical treatment for curable diseases, or any combination of these, within a period of
time determined by the public health officer, not to exceed
fourteen days.
(b) Order a person to immediately cease and desist from
specified conduct which endangers the health of others by
imposing such restrictions upon the person as are necessary
to prevent the specified conduct that endangers the health of
others only if the public health officer has determined that
clear and convincing evidence exists to believe that such person has been ordered to report for counseling as provided in
(a) of this subsection and continues to demonstrate behavior
which endangers the health of others. Any restriction shall be
in writing, setting forth the name of the person to be restricted
and the initial period of time, not to exceed three months, during which the order shall remain effective, the terms of the
restrictions, and such other conditions as may be necessary to
protect the public health. Restrictions shall be imposed in the
least-restrictive manner necessary to protect the public
health.
(4)(a) Upon the issuance of any order by the state or local
public health officer or an authorized representative pursuant
to subsection (3) of this section or RCW 70.24.340(4), such
public health officer shall give written notice promptly, personally, and confidentially to the person who is the subject of
the order stating the grounds and provisions of the order,
including the factual bases therefor, the evidence relied upon
for proof of infection and dangerous behavior, and the likelihood of repetition of such behaviors in the absence of such an
order, and notifying the person who is the subject of the order
that, if he or she contests the order, he or she may appear at a
judicial hearing on the enforceability of the order, to be held
in superior court. He or she may have an attorney appear on
his or her behalf in the hearing at public expense, if necessary. The hearing shall be held within seventy-two hours of
receipt of the notice, unless the person subject to the order
agrees to comply. If the person contests the order, no invasive
medical procedures shall be carried out prior to a hearing
being held pursuant to this subsection. If the person does not
contest the order within seventy-two hours of receiving it,
and the person does not comply with the order within the time
period specified for compliance with the order, the state or
local public health officer may request a warrant be issued by
the superior court to insure appearance at the hearing. The
hearing shall be within seventy-two hours of the expiration
date of the time specified for compliance with the original
order. The burden of proof shall be on the public health
officer to show by clear and convincing evidence that the
specified grounds exist for the issuance of the order and for
(2006 Ed.)
Control and Treatment of Sexually Transmitted Diseases
the need for compliance and that the terms and conditions
imposed therein are no more restrictive than necessary to protect the public health. Upon conclusion of the hearing, the
court shall issue appropriate orders affirming, modifying, or
dismissing the order.
(b) If the superior court dismisses the order of the public
health officer, the fact that the order was issued shall be
expunged from the records of the department or local department of health.
(5) Any hearing conducted pursuant to this section shall
be closed and confidential unless a public hearing is
requested by the person who is the subject of the order, in
which case the hearing will be conducted in open court.
Unless in open hearing, any transcripts or records relating
thereto shall also be confidential and may be sealed by the
order of the court. [1988 c 206 § 909.]
70.24.034 Detention—Grounds—Order—Hearing.
(1) When the procedures of RCW 70.24.024 have been
exhausted and the state or local public health officer, within
his or her respective jurisdiction, knows or has reason to
believe, because of medical information, that a person has a
sexually transmitted disease and that the person continues to
engage in behaviors that present an imminent danger to the
public health as defined by the board by rule based upon generally accepted standards of medical and public health science, the public health officer may bring an action in superior
court to detain the person in a facility designated by the board
for a period of time necessary to accomplish a program of
counseling and education, excluding any coercive techniques
or procedures, designed to get the person to adopt nondangerous behavior. In no case may the period exceed ninety days
under each order. The board shall establish, by rule, standards
for counseling and education under this subsection. The public health officer shall request the prosecuting attorney to file
such action in superior court. During that period, reasonable
efforts will be made in a noncoercive manner to get the person to adopt nondangerous behavior.
(2) If an action is filed as outlined in subsection (1) of
this section, the superior court, upon the petition of the prosecuting attorney, shall issue other appropriate court orders
including, but not limited to, an order to take the person into
custody immediately, for a period not to exceed seventy-two
hours, and place him or her in a facility designated or
approved by the board. The person who is the subject of the
order shall be given written notice of the order promptly, personally, and confidentially, stating the grounds and provisions of the order, including the factual bases therefor, the
evidence relied upon for proof of infection and dangerous
behavior, and the likelihood of repetition of such behaviors in
the absence of such an order, and notifying the person that if
he or she refuses to comply with the order he or she may
appear at a hearing to review the order and that he or she may
have an attorney appear on his or her behalf in the hearing at
public expense, if necessary. If the person contests testing or
treatment, no invasive medical procedures shall be carried
out prior to a hearing being held pursuant to subsection (3) of
this section.
(3) The hearing shall be conducted no later than fortyeight hours after the receipt of the order. The person who is
subject to the order has a right to be present at the hearing and
70.24.034
(2006 Ed.)
70.24.070
may have an attorney appear on his or her behalf in the hearing, at public expense if necessary. If the order being contested includes detention for a period of fourteen days or
longer, the person shall also have the right to a trial by jury
upon request. Upon conclusion of the hearing or trial by jury,
the court shall issue appropriate orders.
The court may continue the hearing upon the request of
the person who is subject to the order for good cause shown
for no more than five additional judicial days. If a trial by jury
is requested, the court, upon motion, may continue the hearing for no more than ten additional judicial days. During the
pendency of the continuance, the court may order that the
person contesting the order remain in detention or may place
terms and conditions upon the person which the court deems
appropriate to protect public health.
(4) The burden of proof shall be on the state or local public health officer to show by clear and convincing evidence
that grounds exist for the issuance of any court order pursuant
to subsection (2) or (3) of this section. If the superior court
dismisses the order, the fact that the order was issued shall be
expunged from the records of the state or local department of
health.
(5) Any hearing conducted by the superior court pursuant to subsection (2) or (3) of this section shall be closed and
confidential unless a public hearing is requested by the person who is the subject of the order, in which case the hearing
will be conducted in open court. Unless in open hearing, any
transcripts or records relating thereto shall also be confidential and may be sealed by order of the court.
(6) Any order entered by the superior court pursuant to
subsection (1) or (2) of this section shall impose terms and
conditions no more restrictive than necessary to protect the
public health. [1988 c 206 § 910.]
70.24.050
70.24.050 Diagnosis of sexually transmitted diseases—Confirmation—Anonymous prevalence reports.
Diagnosis of a sexually transmitted disease in every instance
must be confirmed by laboratory tests or examinations in a
laboratory approved or conducted in accordance with procedures and such other requirements as may be established by
the board. Laboratories testing for HIV shall report anonymous HIV prevalence results to the department, for health
statistics purposes, in a manner established by the board.
[1988 c 206 § 907; 1919 c 114 § 6; RRS § 6105.]
70.24.070
70.24.070 Detention and treatment facilities. For the
purpose of carrying out this chapter, the board shall have the
power and authority to designate facilities for the detention
and treatment of persons found to be infected with a sexually
transmitted disease and to designate any such facility in any
hospital or other public or private institution, other than a jail
or correctional facility, having, or which may be provided
with, such necessary detention, segregation, isolation, clinic
and hospital facilities as may be required and prescribed by
the board, and to enter into arrangements for the conduct of
such facilities with the public officials or persons, associations, or corporations in charge of or maintaining and operating such institutions. [1988 c 206 § 908; 1919 c 114 § 8; RRS
§ 6107.]
[Title 70 RCW—page 27]
70.24.080
Title 70 RCW: Public Health and Safety
70.24.080 Penalty. Any person who shall violate any of
the provisions of this chapter or any lawful rule adopted by
the board pursuant to the authority herein granted, or who
shall fail or refuse to obey any lawful order issued by any
state, county or municipal public health officer, pursuant to
the authority granted in this chapter, shall be deemed guilty
of a gross misdemeanor punishable as provided under RCW
9A.20.021. [1988 c 206 § 911; 1919 c 114 § 5; RRS § 6104.]
70.24.080
70.24.084 Violations of chapter—Aggrieved persons—Right of action. (1) Any person aggrieved by a violation of this chapter shall have a right of action in superior
court and may recover for each violation:
(a) Against any person who negligently violates a provision of this chapter, one thousand dollars, or actual damages,
whichever is greater, for each violation.
(b) Against any person who intentionally or recklessly
violates a provision of this chapter, ten thousand dollars, or
actual damages, whichever is greater, for each violation.
(c) Reasonable attorneys’ fees and costs.
(d) Such other relief, including an injunction, as the court
may deem appropriate.
(2) Any action under this chapter is barred unless the
action is commenced within three years after the cause of
action accrues.
(3) Nothing in this chapter limits the rights of the subject
of a test for a sexually transmitted disease to recover damages
or other relief under any other applicable law.
(4) Nothing in this chapter may be construed to impose
civil liability or criminal sanction for disclosure of a test
result for a sexually transmitted disease in accordance with
any reporting requirement for a diagnosed case of sexually
transmitted disease by the department or the centers for disease control of the United States public health service.
(5) It is a negligent violation of this chapter to cause an
unauthorized communication of confidential sexually transmitted disease information by facsimile transmission or otherwise communicating the information to an unauthorized
recipient when the sender knew or had reason to know the
facsimile transmission telephone number or other transmittal
information was incorrect or outdated. [2001 c 16 § 1; 1999
c 391 § 4; 1988 c 206 § 914.]
70.24.084
Findings—Purpose—1999 c 391: See note following RCW
70.05.180.
70.24.090
70.24.090 Pregnant women—Test for syphilis. Every
physician attending a pregnant woman in the state of Washington during gestation shall, in the case of each woman so
attended, take or cause to be taken a sample of blood of such
woman at the time of first examination, and submit such sample to an approved laboratory for a standard serological test
for syphilis. If the pregnant woman first presents herself for
examination after the fifth month of gestation the physician
or other attendant shall in addition to the above, advise and
urge the patient to secure a medical examination and blood
test before the fifth month of any subsequent pregnancies.
[1939 c 165 § 1; RRS § 6002-1.]
70.24.095
70.24.095 Pregnant women—Drug treatment program participants—AIDS counseling. (1) Every health
care practitioner attending a pregnant woman or a person
[Title 70 RCW—page 28]
seeking treatment of a sexually transmitted disease shall
insure that AIDS counseling of the patient is conducted.
(2) AIDS counseling shall be provided to each person in
a drug treatment program under *chapter 69.54 RCW. [1988
c 206 § 705.]
*Reviser’s note: Chapter 69.54 RCW was repealed by 1989 c 270 § 35.
70.24.100
70.24.100 Syphilis laboratory tests. A standard serological test shall be a laboratory test for syphilis approved by
the secretary of health and shall be performed either by a laboratory approved by the secretary of health for the performance of the particular serological test used or by the state
department of health, on request of the physician free of
charge. [1991 c 3 § 323; 1979 c 141 § 95; 1939 c 165 § 2;
RRS § 6002-2.]
70.24.105
70.24.105 Disclosure of HIV antibody test or testing
or treatment of sexually transmitted diseases—Exchange
of medical information. (1) No person may disclose or be
compelled to disclose the identity of any person who has
investigated, considered, or requested a test or treatment for a
sexually transmitted disease, except as authorized by this
chapter.
(2) No person may disclose or be compelled to disclose
the identity of any person upon whom an HIV antibody test is
performed, or the results of such a test, nor may the result of
a test for any other sexually transmitted disease when it is
positive be disclosed. This protection against disclosure of
test subject, diagnosis, or treatment also applies to any information relating to diagnosis of or treatment for HIV infection
and for any other confirmed sexually transmitted disease. The
following persons, however, may receive such information:
(a) The subject of the test or the subject’s legal representative for health care decisions in accordance with RCW
7.70.065, with the exception of such a representative of a
minor child over fourteen years of age and otherwise competent;
(b) Any person who secures a specific release of test
results or information relating to HIV or confirmed diagnosis
of or treatment for any other sexually transmitted disease
executed by the subject or the subject’s legal representative
for health care decisions in accordance with RCW 7.70.065,
with the exception of such a representative of a minor child
over fourteen years of age and otherwise competent;
(c) The state public health officer, a local public health
officer, or the centers for disease control of the United States
public health service in accordance with reporting requirements for a diagnosed case of a sexually transmitted disease;
(d) A health facility or health care provider that procures,
processes, distributes, or uses: (i) A human body part, tissue,
or blood from a deceased person with respect to medical
information regarding that person; (ii) semen, including that
provided prior to March 23, 1988, for the purpose of artificial
insemination; or (iii) blood specimens;
(e) Any state or local public health officer conducting an
investigation pursuant to RCW 70.24.024, provided that such
record was obtained by means of court ordered HIV testing
pursuant to RCW 70.24.340 or 70.24.024;
(f) A person allowed access to the record by a court order
granted after application showing good cause therefor. In
(2006 Ed.)
Control and Treatment of Sexually Transmitted Diseases
assessing good cause, the court shall weigh the public interest
and the need for disclosure against the injury to the patient, to
the physician-patient relationship, and to the treatment services. Upon the granting of the order, the court, in determining the extent to which any disclosure of all or any part of the
record of any such test is necessary, shall impose appropriate
safeguards against unauthorized disclosure. An order authorizing disclosure shall: (i) Limit disclosure to those parts of
the patient’s record deemed essential to fulfill the objective
for which the order was granted; (ii) limit disclosure to those
persons whose need for information is the basis for the order;
and (iii) include any other appropriate measures to keep disclosure to a minimum for the protection of the patient, the
physician-patient relationship, and the treatment services,
including but not limited to the written statement set forth in
subsection (5) of this section;
(g) *Local law enforcement agencies to the extent provided in RCW 70.24.034;
(h) Persons who, because of their behavioral interaction
with the infected individual, have been placed at risk for
acquisition of a sexually transmitted disease, as provided in
RCW 70.24.022, if the health officer or authorized representative believes that the exposed person was unaware that a
risk of disease exposure existed and that the disclosure of the
identity of the infected person is necessary;
(i) A law enforcement officer, fire fighter, health care
provider, health care facility staff person, department of correction’s staff person, jail staff person, or other persons as
defined by the board in rule pursuant to RCW 70.24.340(4),
who has requested a test of a person whose bodily fluids he or
she has been substantially exposed to, pursuant to RCW
70.24.340(4), if a state or local public health officer performs
the test;
(j) Claims management personnel employed by or associated with an insurer, health care service contractor, health
maintenance organization, self-funded health plan, stateadministered health care claims payer, or any other payer of
health care claims where such disclosure is to be used solely
for the prompt and accurate evaluation and payment of medical or related claims. Information released under this subsection shall be confidential and shall not be released or available to persons who are not involved in handling or determining medical claims payment; and
(k) A department of social and health services worker, a
child placing agency worker, or a guardian ad litem who is
responsible for making or reviewing placement or case-planning decisions or recommendations to the court regarding a
child, who is less than fourteen years of age, has a sexually
transmitted disease, and is in the custody of the department of
social and health services or a licensed child placing agency;
this information may also be received by a person responsible
for providing residential care for such a child when the
department of social and health services or a licensed child
placing agency determines that it is necessary for the provision of child care services.
(3) No person to whom the results of a test for a sexually
transmitted disease have been disclosed pursuant to subsection (2) of this section may disclose the test results to another
person except as authorized by that subsection.
(4) The release of sexually transmitted disease information regarding an offender or detained person, except as pro(2006 Ed.)
70.24.105
vided in subsection (2)(e) of this section, shall be governed as
follows:
(a) The sexually transmitted disease status of a department of corrections offender who has had a mandatory test
conducted pursuant to RCW 70.24.340(1), 70.24.360, or
70.24.370 shall be made available by department of corrections health care providers and local public health officers to
the department of corrections health care administrator or
infection control coordinator of the facility in which the
offender is housed. The information made available to the
health care administrator or the infection control coordinator
under this subsection (4)(a) shall be used only for disease prevention or control and for protection of the safety and security of the staff, offenders, and the public. The information
may be submitted to transporting officers and receiving facilities, including facilities that are not under the department of
corrections’ jurisdiction according to the provisions of (d)
and (e) of this subsection.
(b) The sexually transmitted disease status of a person
detained in a jail who has had a mandatary test conducted
pursuant to RCW 70.24.340(1), 70.24.360, or 70.24.370 shall
be made available by the local public health officer to a jail
health care administrator or infection control coordinator.
The information made available to a health care administrator
under this subsection (4)(b) shall be used only for disease
prevention or control and for protection of the safety and
security of the staff, offenders, detainees, and the public. The
information may be submitted to transporting officers and
receiving facilities according to the provisions of (d) and (e)
of this subsection.
(c) Information regarding the sexually transmitted disease status of an offender or detained person is confidential
and may be disclosed by a correctional health care administrator or infection control coordinator or local jail health care
administrator or infection control coordinator only as necessary for disease prevention or control and for protection of
the safety and security of the staff, offenders, and the public.
Unauthorized disclosure of this information to any person
may result in disciplinary action, in addition to the penalties
prescribed in RCW 70.24.080 or any other penalties as may
be prescribed by law.
(d) Notwithstanding the limitations on disclosure contained in (a), (b), and (c) of this subsection, whenever any
member of a jail staff or department of corrections staff has
been substantially exposed to the bodily fluids of an offender
or detained person, then the results of any tests conducted
pursuant to RCW 70.24.340(1), 70.24.360, or 70.24.370,
shall be immediately disclosed to the staff person in accordance with the Washington Administrative Code rules governing employees’ occupational exposure to bloodborne
pathogens. Disclosure must be accompanied by appropriate
counseling for the staff member, including information
regarding follow-up testing and treatment. Disclosure shall
also include notice that subsequent disclosure of the information in violation of this chapter or use of the information to
harass or discriminate against the offender or detainee may
result in disciplinary action, in addition to the penalties prescribed in RCW 70.24.080, and imposition of other penalties
prescribed by law.
(e) The staff member shall also be informed whether the
offender or detained person had any other communicable dis[Title 70 RCW—page 29]
70.24.107
Title 70 RCW: Public Health and Safety
ease, as defined in RCW 72.09.251(3), when the staff person
was substantially exposed to the offender’s or detainee’s
bodily fluids.
(f) The test results of voluntary and anonymous HIV
testing or HIV-related condition may not be disclosed to a
staff person except as provided in subsection (2)(i) of this
section and RCW 70.24.340(4). A health care administrator
or infection control coordinator may provide the staff member with information about how to obtain the offender’s or
detainee’s test results under subsection (2)(i) of this section
and RCW 70.24.340(4).
(5) Whenever disclosure is made pursuant to this section,
except for subsections (2)(a) and (6) of this section, it shall be
accompanied by a statement in writing which includes the
following or substantially similar language: "This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from
making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise
permitted by state law. A general authorization for the release
of medical or other information is NOT sufficient for this
purpose." An oral disclosure shall be accompanied or followed by such a notice within ten days.
(6) The requirements of this section shall not apply to the
customary methods utilized for the exchange of medical
information among health care providers in order to provide
health care services to the patient, nor shall they apply within
health care facilities where there is a need for access to confidential medical information to fulfill professional duties.
(7) Upon request of the victim, disclosure of test results
under this section to victims of sexual offenses under chapter
9A.44 RCW shall be made if the result is negative or positive.
The county prosecuting attorney shall notify the victim of the
right to such disclosure. Such disclosure shall be accompanied by appropriate counseling, including information
regarding follow-up testing. [1997 c 345 § 2; 1997 c 196 § 6;
1994 c 72 § 1; 1989 c 123 § 1; 1988 c 206 § 904.]
Reviser’s note: *(1) The governor vetoed 1997 c 196 § 5, the amendment directing disclosure to local law enforcement agencies.
(2) This section was amended by 1997 c 196 § 6 and by 1997 c 345 §
2, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—1997 c 345: "(1) The legislature finds that department of corrections staff and jail staff perform essential public functions that
are vital to our communities. The health and safety of these workers is often
placed in jeopardy while they perform the responsibilities of their jobs.
Therefore, the legislature intends that the results of any HIV tests conducted
on an offender or detainee pursuant to RCW 70.24.340(1), 70.24.360, or
70.24.370 shall be disclosed to the health care administrator or infection control coordinator of the department of corrections facility or the local jail that
houses the offender or detainee. The legislature intends that these test results
also be disclosed to any corrections or jail staff who have been substantially
exposed to the bodily fluids of the offender or detainee when the disclosure
is provided by a licensed health care provider in accordance with Washington Administrative Code rules governing employees’ occupational exposure
to bloodborne pathogens.
(2) The legislature further finds that, through the efforts of health care
professionals and corrections staff, offenders in department of corrections
facilities and people detained in local jails are being encouraged to take
responsibility for their health by requesting voluntary and anonymous pretest
counseling, HIV testing, posttest counseling, and AIDS counseling. The legislature does not intend, through chapter 345, Laws of 1997, to mandate disclosure of the results of voluntary and anonymous tests. The legislature
intends to continue to protect the confidential exchange of medical information related to voluntary and anonymous pretest counseling, HIV testing,
[Title 70 RCW—page 30]
posttest counseling, and AIDS counseling as provided by chapter 70.24
RCW." [1997 c 345 § 1.]
70.24.107
70.24.107 Rule-making authority—1997 c 345. The
department of health and the department of corrections shall
each adopt rules to implement chapter 345, Laws of 1997.
The department of health and the department of corrections
shall cooperate with local jail administrators to obtain the
information from local jail administrators that is necessary to
comply with this section. [1999 c 372 § 14; 1997 c 345 § 6.]
Findings—Intent—1997 c 345: See note following RCW 70.24.105.
70.24.110
70.24.110 Minors—Treatment, consent, liability for
payment for care. A minor fourteen years of age or older
who may have come in contact with any sexually transmitted
disease or suspected sexually transmitted disease may give
consent to the furnishing of hospital, medical and surgical
care related to the diagnosis or treatment of such disease.
Such consent shall not be subject to disaffirmance because of
minority. The consent of the parent, parents, or legal guardian
of such minor shall not be necessary to authorize hospital,
medical and surgical care related to such disease and such
parent, parents, or legal guardian shall not be liable for payment for any care rendered pursuant to this section. [1988 c
206 § 912; 1969 ex.s. c 164 § 1.]
70.24.120
70.24.120 Sexually transmitted disease case investigators—Authority to withdraw blood. Sexually transmitted disease case investigators, upon specific authorization
from a physician, are hereby authorized to perform venipuncture or skin puncture on a person for the sole purpose of withdrawing blood for use in sexually transmitted disease tests.
The term "sexually transmitted disease case investigator" shall mean only those persons who:
(1) Are employed by public health authorities; and
(2) Have been trained by a physician in proper procedures to be employed when withdrawing blood in accordance
with training requirements established by the department of
health; and
(3) Possess a statement signed by the instructing physician that the training required by subsection (2) of this section
has been successfully completed.
The term "physician" means any person licensed under
the provisions of chapters 18.57 or 18.71 RCW. [1991 c 3 §
324; 1988 c 206 § 913; 1977 c 59 § 1.]
70.24.125
70.24.125 Reporting requirements for sexually transmitted diseases—Rules. The board shall establish reporting
requirements for sexually transmitted diseases by rule.
Reporting under this section may be required for such sexually transmitted diseases included under this chapter as the
board finds appropriate. [1988 c 206 § 905.]
70.24.130
70.24.130 Adoption of rules. The board shall adopt
such rules as are necessary to implement and enforce this
chapter. Rules may also be adopted by the department of
health for the purposes of this chapter. The rules may include
procedures for taking appropriate action, in addition to any
other penalty under this chapter, with regard to health care
facilities or health care providers which violate this chapter
(2006 Ed.)
Control and Treatment of Sexually Transmitted Diseases
or the rules adopted under this chapter. The rules shall prescribe stringent safeguards to protect the confidentiality of
the persons and records subject to this chapter. The procedures set forth in chapter 34.05 RCW apply to the administration of this chapter, except that in case of conflict between
chapter 34.05 RCW and this chapter, the provisions of this
chapter shall control. [1991 c 3 § 325; 1988 c 206 § 915.]
70.24.140
70.24.140 Certain infected persons—Sexual intercourse unlawful without notification. It is unlawful for any
person who has a sexually transmitted disease, except HIV
infection, when such person knows he or she is infected with
such a disease and when such person has been informed that
he or she may communicate the disease to another person
through sexual intercourse, to have sexual intercourse with
any other person, unless such other person has been informed
of the presence of the sexually transmitted disease. [1988 c
206 § 917.]
Effective date—1988 c 206 §§ 916, 917: See note following RCW
9A.36.021.
Criminal sanctions: RCW 9A.36.021.
70.24.150
70.24.150 Immunity of certain public employees.
Members of the state board of health and local boards of
health, public health officers, and employees of the department of health and local health departments are immune from
civil action for damages arising out of the good faith performance of their duties as prescribed by this chapter, unless
such performance constitutes gross negligence. [1991 c 3 §
326; 1988 c 206 § 918.]
70.24.200
70.24.200 Information for the general public on sexually transmitted diseases—Emphasis. Information
directed to the general public and providing education
regarding any sexually transmitted disease that is written,
published, distributed, or used by any public entity, and all
such information paid for, in whole or in part, with any public
moneys shall give emphasis to the importance of sexual
abstinence, sexual fidelity, and avoidance of substance abuse
in controlling disease. [1988 c 206 § 201.]
70.24.210
70.24.210 Information for children on sexually transmitted diseases—Emphasis. All material directed to children in grades kindergarten through twelve and providing
education regarding any sexually transmitted disease that is
written, published, distributed, or used by any public entity,
and all such information paid for, in whole or in part, with
any public moneys shall give emphasis to the importance of
sexual abstinence outside lawful marriage and avoidance of
substance abuse in controlling disease. [1988 c 206 § 202.]
Common school curriculum: RCW 28A.230.020.
70.24.220
70.24.220 AIDS education in public schools—Finding. The legislature finds that the public schools provide a
unique and appropriate setting for educating young people
about the pathology and prevention of acquired immunodeficiency syndrome (AIDS). The legislature recognizes that
schools and communities vary throughout the state and that
locally elected school directors should have a significant role
(2006 Ed.)
70.24.280
in establishing a program of AIDS education in their districts.
[1988 c 206 § 401.]
70.24.240
70.24.240 Clearinghouse for AIDS educational materials. The number of acquired immunodeficiency syndrome
(AIDS) cases in the state may reach five thousand by 1991.
This makes it necessary to provide our state’s workforce with
the resources and knowledge to deal with the epidemic. To
ensure that accurate information is available to the state’s
work force, a clearinghouse for all technically correct educational materials related to AIDS should be created. [1988 c
206 § 601.]
70.24.250
70.24.250 Office on AIDS—Repository and clearinghouse for AIDS education and training material—University of Washington duties. There is established in the
department an office on AIDS. If a department of health is
created, the office on AIDS shall be transferred to the department of health, and its chief shall report directly to the secretary of health. The office on AIDS shall have as its chief a
physician licensed under chapter 18.57 or 18.71 RCW or a
person experienced in public health who shall report directly
to the assistant secretary for health. This office shall be the
repository and clearinghouse for all education and training
material related to the treatment, transmission, and prevention of AIDS. The office on AIDS shall have the responsibility for coordinating all publicly funded education and service
activities related to AIDS. The University of Washington
shall provide the office on AIDS with appropriate training
and educational materials necessary to carry out its duties.
The office on AIDS shall assist state agencies with information necessary to carry out the purposes of this chapter. The
department shall work with state and county agencies and
specific employee and professional groups to provide information appropriate to their needs, and shall make educational
materials available to private employers and encourage them
to distribute this information to their employees. [1988 c 206
§ 602.]
70.24.260
70.24.260 Emergency medical personnel—Rules for
AIDS education and training. The department shall adopt
rules that recommend appropriate education and training for
licensed and certified emergency medical personnel under
chapter 18.73 RCW on the prevention, transmission, and
treatment of AIDS. The department shall require appropriate
education or training as a condition of certification or license
issuance or renewal. [1988 c 206 § 603.]
70.24.270
70.24.270 Health professionals—Rules for AIDS
education and training. Each disciplining authority under
chapter 18.130 RCW shall adopt rules that require appropriate education and training for licensees on the prevention,
transmission, and treatment of AIDS. The disciplining
authorities shall work with the office on AIDS under RCW
70.24.250 to develop the training and educational material
necessary for health professionals. [1988 c 206 § 604.]
70.24.280
70.24.280 Board of pharmacy—Rules for AIDS education and training. The state board of pharmacy shall
adopt rules that require appropriate education and training for
[Title 70 RCW—page 31]
70.24.290
Title 70 RCW: Public Health and Safety
licensees on the prevention, transmission, and treatment of
AIDS. The board shall work with the office on AIDS under
RCW 70.24.250 to develop the training and educational
material necessary for health professionals. [1988 c 206 §
605.]
70.24.290
70.24.290 Public school employees—Rules for AIDS
education and training. The superintendent of public
instruction shall adopt rules that require appropriate education and training, to be included as part of their present continuing education requirements, for public school employees
on the prevention, transmission, and treatment of AIDS. The
superintendent of public instruction shall work with the
office on AIDS under RCW 70.24.250 to develop the educational and training material necessary for school employees.
[1988 c 206 § 606.]
70.24.300
70.24.300 State and local government employees—
Determination of substantial likelihood of exposure—
Rules for AIDS education and training. The Washington
personnel resources board and each unit of local government
shall determine whether any employees under their jurisdiction have a substantial likelihood of exposure in the course of
their employment to the human immunodeficiency virus. If
so, the agency or unit of government shall adopt rules requiring appropriate training and education for the employees on
the prevention, transmission, and treatment of AIDS. The
rules shall specifically provide for such training and education for law enforcement, correctional, and health care workers. The Washington personnel resources board and each unit
of local government shall work with the office on AIDS
under RCW 70.24.250 to develop the educational and training material necessary for employees. [1993 c 281 § 60;
1988 c 206 § 607.]
Effective date—1993 c 281: See note following RCW 41.06.022.
70.24.310
70.24.310 Health care facility employees—Rules for
AIDS education and training. The department shall adopt
rules requiring appropriate education and training of employees of state licensed or certified health care facilities. The
education and training shall be on the prevention, transmission, and treatment of AIDS and shall not be required for
employees who are covered by comparable rules adopted
under other sections of this chapter. In adopting rules under
this section, the department shall consider infection control
standards and educational materials available from appropriate professional associations and professionally prepared
publications. [1988 c 206 § 608.]
70.24.320
70.24.320 Counseling and testing—AIDS and HIV—
Definitions. Unless the context clearly requires otherwise,
the definitions in this section apply throughout this chapter.
(1) "Pretest counseling" means counseling aimed at helping the individual understand ways to reduce the risk of HIV
infection, the nature and purpose of the tests, the significance
of the results, and the potential dangers of the disease, and to
assess the individual’s ability to cope with the results.
(2) "Posttest counseling" means further counseling following testing usually directed toward increasing the individual’s understanding of the human immunodeficiency virus
[Title 70 RCW—page 32]
infection, changing the individual’s behavior, and, if necessary, encouraging the individual to notify persons with whom
there has been contact capable of spreading HIV.
(3) "AIDS counseling" means counseling directed
toward increasing the individual’s understanding of acquired
immunodeficiency syndrome and changing the individual’s
behavior.
(4) "HIV testing" means a test indicative of infection
with the human immunodeficiency virus as specified by the
board of health by rule. [1988 c 206 § 701.]
70.24.325
70.24.325 Counseling and testing—Insurance
requirements. (1) This section shall apply to counseling and
consent for HIV testing administered as part of an application
for coverage authorized under Title 48 RCW.
(2) Persons subject to regulation under Title 48 RCW
who are requesting an insured, a subscriber, or a potential
insured or subscriber to furnish the results of an HIV test for
underwriting purposes as a condition for obtaining or renewing coverage under an insurance contract, health care service
contract, or health maintenance organization agreement shall:
(a) Provide written information to the individual prior to
being tested which explains:
(i) What an HIV test is;
(ii) Behaviors that place a person at risk for HIV infection;
(iii) That the purpose of HIV testing in this setting is to
determine eligibility for coverage;
(iv) The potential risks of HIV testing; and
(v) Where to obtain HIV pretest counseling.
(b) Obtain informed specific written consent for an HIV
test. The written informed consent shall include:
(i) An explanation of the confidential treatment of the
test results which limits access to the results to persons
involved in handling or determining applications for coverage or claims of the applicant or claimant and to those persons designated under (c)(iii) of this subsection; and
(ii) Requirements under (c)(iii) of this subsection.
(c) Establish procedures to inform an applicant of the
following:
(i) That post-test counseling, as specified under WAC
248-100-209(4), is required if an HIV test is positive or indeterminate;
(ii) That post-test counseling occurs at the time a positive
or indeterminate HIV test result is given to the tested individual;
(iii) That the applicant may designate a health care provider or health care agency to whom the insurer, the health
care service contractor, or health maintenance organization
will provide positive or indeterminate test results for interpretation and post-test counseling. When an applicant does not
identify a designated health care provider or health care
agency and the applicant’s test results are either positive or
indeterminate, the insurer, the health care service contractor,
or health maintenance organization shall provide the test
results to the local health department for interpretation and
post-test counseling; and
(iv) That positive or indeterminate HIV test results shall
not be sent directly to the applicant. [1989 c 387 § 1.]
(2006 Ed.)
Control and Treatment of Sexually Transmitted Diseases
70.24.330
70.24.330 HIV testing—Consent, exceptions. No person may undergo HIV testing without the person’s consent
except:
(1) Pursuant to RCW 7.70.065 for incompetent persons;
(2) In seroprevalence studies where neither the persons
whose blood is being tested know the test results nor the persons conducting the tests know who is undergoing testing;
(3) If the department of labor and industries determines
that it is relevant, in which case payments made under Title
51 RCW may be conditioned on the taking of an HIV antibody test; or
(4) As otherwise expressly authorized by this chapter.
[1988 c 206 § 702.]
70.24.340
70.24.340 Convicted persons—Mandatory testing
and counseling for certain offenses—Employees’ substantial exposure to bodily fluids—Procedure and court
orders. (1) Local health departments authorized under this
chapter shall conduct or cause to be conducted pretest counseling, HIV testing, and posttest counseling of all persons:
(a) Convicted of a sexual offense under chapter 9A.44
RCW;
(b) Convicted of prostitution or offenses relating to prostitution under chapter 9A.88 RCW; or
(c) Convicted of drug offenses under chapter 69.50
RCW if the court determines at the time of conviction that the
related drug offense is one associated with the use of hypodermic needles.
(2) Such testing shall be conducted as soon as possible
after sentencing and shall be so ordered by the sentencing
judge.
(3) This section applies only to offenses committed after
March 23, 1988.
(4) A law enforcement officer, fire fighter, health care
provider, health care facility staff person, department of corrections’ staff person, jail staff person, or other categories of
employment determined by the board in rule to be at risk of
substantial exposure to HIV, who has experienced a substantial exposure to another person’s bodily fluids in the course of
his or her employment, may request a state or local public
health officer to order pretest counseling, HIV testing, and
posttest counseling for the person whose bodily fluids he or
she has been exposed to. If the state or local public health
officer refuses to order counseling and testing under this subsection, the person who made the request may petition the
superior court for a hearing to determine whether an order
shall be issued. The hearing on the petition shall be held
within seventy-two hours of filing the petition, exclusive of
Saturdays, Sundays, and holidays. The standard of review to
determine whether the public health officer shall be required
to issue the order is whether substantial exposure occurred
and whether that exposure presents a possible risk of transmission of the HIV virus as defined by the board by rule.
Upon conclusion of the hearing, the court shall issue the
appropriate order.
The person who is subject to the state or local public
health officer’s order to receive counseling and testing shall
be given written notice of the order promptly, personally, and
confidentially, stating the grounds and provisions of the
order, including the factual basis therefor. If the person who
is subject to the order refuses to comply, the state or local
(2006 Ed.)
70.24.370
public health officer may petition the superior court for a
hearing. The hearing on the petition shall be held within seventy-two hours of filing the petition, exclusive of Saturdays,
Sundays, and holidays. The standard of review for the order
is whether substantial exposure occurred and whether that
exposure presents a possible risk of transmission of the HIV
virus as defined by the board by rule. Upon conclusion of the
hearing, the court shall issue the appropriate order.
The state or local public health officer shall perform
counseling and testing under this subsection if he or she finds
that the exposure was substantial and presents a possible risk
as defined by the board of health by rule or if he or she is
ordered to do so by a court.
The counseling and testing required under this subsection shall be completed as soon as possible after the substantial exposure or after an order is issued by a court, but shall
begin not later than seventy-two hours after the substantial
exposure or an order is issued by the court. [1997 c 345 § 3;
1988 c 206 § 703.]
Findings—Intent—1997 c 345: See note following RCW 70.24.105.
70.24.350
70.24.350 Prostitution and drug offenses—Voluntary testing and counseling. Local health departments, in
cooperation with the regional AIDS services networks, shall
make available voluntary testing and counseling services to
all persons arrested for prostitution offenses under chapter
9A.88 RCW and drug offenses under chapter 69.50 RCW.
Services shall include educational materials that outline the
seriousness of AIDS and encourage voluntary participation.
[1988 c 206 § 704.]
70.24.360
70.24.360 Jail detainees—Testing and counseling of
persons who present a possible risk. Jail administrators,
with the approval of the local public health officer, may order
pretest counseling, HIV testing, and posttest counseling for
persons detained in the jail if the local public health officer
determines that actual or threatened behavior presents a possible risk to the staff, general public, or other persons.
Approval of the local public health officer shall be based on
RCW 70.24.024(3) and may be contested through RCW
70.24.024(4). The administrator shall establish, pursuant to
RCW 70.48.071, a procedure to document the possible risk
which is the basis for the HIV testing. "Possible risk," as used
in this section, shall be defined by the board in rule. Documentation of the behavior, or threat thereof, shall be reviewed
with the person to try to assure that the person understands
the basis for testing. [1988 c 206 § 706.]
70.24.370
70.24.370 Correction facility inmates—Counseling
and testing of persons who present a possible risk—
Training for administrators and superintendents—Procedure. (1) Department of corrections facility administrators
may order pretest counseling, HIV testing, and posttest counseling for inmates if the secretary of corrections or the secretary’s designee determines that actual or threatened behavior
presents a possible risk to the staff, general public, or other
inmates. The department of corrections shall establish a procedure to document the possible risk which is the basis for the
HIV testing. "Possible risk," as used in this section, shall be
defined by the department of corrections after consultation
[Title 70 RCW—page 33]
70.24.380
Title 70 RCW: Public Health and Safety
with the board. Possible risk, as used in the documentation of
the behavior, or threat thereof, shall be reviewed with the
inmate.
(2) Department of corrections administrators and superintendents who are authorized to make decisions about testing and dissemination of test information shall, at least annually, participate in training seminars on public health considerations conducted by the assistant secretary for public health
or her or his designee.
(3) Administrative hearing requirements set forth in
chapter 34.05 RCW do not apply to the procedure developed
by the department of corrections pursuant to this section. This
section shall not be construed as requiring any hearing process except as may be required under existing federal constitutional law.
(4) RCW 70.24.340 does not apply to the department of
corrections or to inmates in its custody or subject to its jurisdiction. [1988 c 206 § 707.]
70.24.380
70.24.380 Board of health—Rules for counseling and
testing. The board of health shall adopt rules establishing
minimum standards for pretest counseling, HIV testing, posttest counseling, and AIDS counseling. [1988 c 206 § 709.]
70.24.400
70.24.400 Department to establish regional AIDS
service networks—Funding—Lead counties—Regional
plans—University of Washington, center for AIDS education. The department shall establish a statewide system of
regional acquired immunodeficiency syndrome (AIDS) service networks as follows:
(1) The secretary of health shall direct that all state or
federal funds, excluding those from federal Title XIX for services or other activities authorized in this chapter, shall be
allocated to the office on AIDS established in RCW
70.24.250. The secretary shall further direct that all funds for
services and activities specified in subsection (3) of this section shall be provided to lead counties through contractual
agreements based on plans developed as provided in subsection (2) of this section, unless direction of such funds is
explicitly prohibited by federal law, federal regulation, or
federal policy. The department shall deny funding allocations
to lead counties only if the denial is based upon documented
incidents of nonfeasance, misfeasance, or malfeasance. However, the department shall give written notice and thirty days
for corrective action in incidents of misfeasance or nonfeasance before funding may be denied. The department shall
designate six AIDS service network regions encompassing
the state. In doing so, the department shall use the boundaries
of the regional structures in place for the community services
administration on January 1, 1988.
(2) The department shall request that a lead county
within each region, which shall be the county with the largest
population, prepare, through a cooperative effort of local
health departments within the region, a regional organizational and service plan, which meets the requirements set
forth in subsection (3) of this section. Efforts should be made
to use existing plans, where appropriate. The plan should
place emphasis on contracting with existing hospitals, major
voluntary organizations, or health care organizations within a
region that have in the past provided quality services similar
[Title 70 RCW—page 34]
to those mentioned in subsection (3) of this section and that
have demonstrated an interest in providing any of the components listed in subsection (3) of this section. If any of the
counties within a region do not participate, it shall be the lead
county’s responsibility to develop the part of the plan for the
nonparticipating county or counties. If all of the counties
within a region do not participate, the department shall
assume the responsibility.
(3) The regional AIDS service network plan shall
include the following components:
(a) A designated single administrative or coordinating
agency;
(b) A complement of services to include:
(i) Voluntary and anonymous counseling and testing;
(ii) Mandatory testing and/or counseling services for certain individuals, as required by law;
(iii) Notification of sexual partners of infected persons,
as required by law;
(iv) Education for the general public, health professionals, and high-risk groups;
(v) Intervention strategies to reduce the incidence of HIV
infection among high-risk groups, possibly including needle
sterilization and methadone maintenance;
(vi) Related community outreach services for runaway
youth;
(vii) Case management;
(viii) Strategies for the development of volunteer networks;
(ix) Strategies for the coordination of related agencies
within the network; and
(x) Other necessary information, including needs particular to the region;
(c) A service delivery model that includes:
(i) Case management services; and
(ii) A community-based continuum-of-care model
encompassing both medical, mental health, and social services with the goal of maintaining persons with AIDS in a
home-like setting, to the extent possible, in the least-expensive manner; and
(d) Budget, caseload, and staffing projections.
(4) Efforts shall be made by both the counties and the
department to use existing service delivery systems, where
possible, in developing the networks.
(5) The University of Washington health science program, in cooperation with the office on AIDS may, within
available resources, establish a center for AIDS education,
which shall be linked to the networks. The center for AIDS
education is not intended to engage in state-funded research
related to HIV infection, AIDS, or HIV-related conditions. Its
duties shall include providing the office on AIDS with the
appropriate educational materials necessary to carry out that
office’s duties.
(6) The department shall implement this section, consistent with available funds, by October 1, 1988, by establishing
six regional AIDS service networks whose combined jurisdictions shall include the entire state.
(a) Until June 30, 1991, available funding for each
regional AIDS service network shall be allocated as follows:
(i) Seventy-five percent of the amount provided for
regional AIDS service networks shall be allocated per capita
based on the number of persons residing within each region,
(2006 Ed.)
Pandemic Influenza Preparedness
but in no case less than one hundred fifty thousand dollars for
each regional AIDS service network per fiscal year. This
amount shall be expended for testing, counseling, education,
case management, notification of sexual partners of infected
persons, planning, coordination, and other services required
by law, except for those enumerated in (a)(ii) of this subsection.
(ii) Twenty-five percent of the amount provided for
regional AIDS service networks shall be allocated for intervention strategies specifically addressing groups that are at a
high risk of being infected with the human immunodeficiency virus. The allocation shall be made by the office on
AIDS based on documented need as specified in regional
AIDS network plans.
(b) After June 30, 1991, the funding shall be allocated as
provided by law.
(7) The regional AIDS service networks shall be the official state regional agencies for AIDS information education
and coordination of services. The state public health officer,
as designated by the secretary of health, shall make adequate
efforts to publicize the existence and functions of the networks.
(8) If the department is not able to establish a network by
an agreement solely with counties, it may contract with nonprofit agencies for any or all of the designated network
responsibilities.
(9) The department, in establishing the networks, shall
study mechanisms that could lead to reduced costs and/or
increased access to services. The methods shall include capitation.
(10) The department shall reflect in its departmental
biennial budget request the funds necessary to implement this
section.
(11) The use of appropriate materials may be authorized
by regional AIDS service networks in the prevention or control of HIV infection. [1998 c 245 § 126; 1991 c 3 § 327;
1988 c 206 § 801.]
70.24.450
70.24.450 Confidentiality—Reports—Unauthorized
disclosures. (1) In order to assure compliance with the protections under this chapter and the rules of the board, and to
assure public confidence in the confidentiality of reported
information, the department shall:
(a) Report annually to the board any incidents of unauthorized disclosure by the department, local health departments, or their employees of information protected under
RCW 70.24.105. The report shall include recommendations
for preventing future unauthorized disclosures and improving
the system of confidentiality for reported information; and
(b) Assist health care providers, facilities that conduct
tests, local health departments, and other persons involved in
disease reporting to understand, implement, and comply with
this chapter and the rules of the board related to disease
reporting.
(2) This section is exempt from RCW 70.24.084,
70.05.070, and 70.05.120. [1999 c 391 § 3.]
Findings—Purpose—1999 c 391: See note following RCW
70.05.180.
70.24.900
70.24.900 Severability—1988 c 206. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1988 c 206 § 1001.]
Chapter 70.26 RCW
PANDEMIC INFLUENZA PREPAREDNESS
Chapter 70.26
Sections
70.26.010
70.26.020
70.26.030
70.26.040
70.26.050
70.26.060
70.24.410
70.24.410 AIDS advisory committee—Duties, review
of insurance problems—Termination. To assist the secretary of health in the development and implementation of
AIDS programs, the governor shall appoint an AIDS advisory committee. Among its duties shall be a review of insurance problems as related to persons with AIDS. The committee shall terminate on June 30, 1991. [1991 c 3 § 328; 1988 c
206 § 803.]
70.24.420
70.24.420 Additional local funding of treatment programs not required. Nothing in this chapter may be construed to require additional local funding of programs to treat
communicable disease established as of March 23, 1988.
[1988 c 206 § 919.]
70.24.430
70.24.430 Application of chapter to persons subject
to jurisdiction of department of corrections. Nothing in
this chapter is intended to create a state-mandated liberty
interest of any nature for offenders or inmates confined in
department of corrections facilities or subject to the jurisdiction of the department of corrections. [1988 c 206 § 920.]
(2006 Ed.)
70.26.010
70.26.070
Findings—Intent.
Definitions.
Local preparedness and response plans—Requirements.
Local preparedness and response plans—Consultation with
public, private sector—Department to provide technical
assistance and disburse funds.
Plans to be submitted to secretary for approval, rejection—
Funding—Preparedness and response activities.
Secretary to develop a formula for fund distribution—Requirements.
Secretary duties—Report.
70.26.010
70.26.010 Findings—Intent. The legislature finds that:
(1) Pandemic influenza is a global outbreak of disease
that occurs when a new virus appears in the human population, causes serious illness, and then spreads easily from person to person.
(2) Historically, pandemic influenza has occurred on
average every thirty years. Most recently, the Asian flu in
1957-58 and the Hong Kong flu in 1968-69 killed seventy
thousand and thirty-four thousand, respectively, in the United
States.
(3) Another influenza pandemic could emerge with little
warning, affecting a large number of people. Estimates are
that another pandemic influenza would cause more than two
hundred thousand deaths in our country, with as many as five
thousand in Washington. Our state could also expect ten
thousand to twenty-four thousand people needing hospital
stays, and as many as a million people requiring outpatient
visits. During a severe pandemic these numbers could be
much higher. The economic losses could also be substantial.
[Title 70 RCW—page 35]
70.26.020
Title 70 RCW: Public Health and Safety
(4) The current Avian or bird flu that is spreading around
the world has the potential to start a pandemic. There is yet
no proven vaccine, and antiviral medication supplies are limited and of unknown effectiveness against a human version of
the virus, leaving traditional public health measures as the
only means to slow the spread of the disease. Given the global nature of a pandemic, as much as possible, the state must
be able to respond assuming only limited outside resources
and assistance will be available.
(5) An effective response to pandemic influenza in
Washington must focus at the local level and will depend on
preestablished partnerships and collaborative planning on a
range of best-case and worst-case scenarios. It will require
flexibility and real-time decision making, guided by accurate
information. It will also depend on a well-informed public
that understands the dangers of pandemic influenza and the
steps necessary to prevent the spread of the disease.
(6) Avian flu is but one example of an infectious disease
that, were an outbreak to occur, could pose a significant statewide health hazard. As such, preparation for pandemic flu
will also enhance the capacity of local public health jurisdictions to respond to other emergencies.
It is therefore the intent of the legislature that adequate
pandemic flu preparedness and response plans be developed
and implemented by local public health jurisdictions statewide in order to limit the number of illnesses and deaths, preserve the continuity of essential government and other community services, and minimize social disruption and economic loss in the event of an influenza pandemic. [2006 c 63
§ 1.]
70.26.020
70.26.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of health.
(2) "Local health jurisdiction" means a local health
department as established under chapter 70.05 RCW, a combined city-county health department as established under
chapter 70.08 RCW, or a health district established under
chapter 70.05 or 70.46 RCW.
(3) "Secretary" means the secretary of the department of
health. [2006 c 63 § 2.]
70.26.030
70.26.030 Local preparedness and response plans—
Requirements. (1) The secretary shall establish requirements and performance standards, consistent with any
requirements or standards established by the United States
department of health and human services, regarding the
development and implementation of local pandemic flu preparedness and response plans.
(2) To the extent state or federal funds are provided for
this purpose, by November 1, 2006, each local health jurisdiction shall develop a pandemic flu preparedness and
response plan, consistent with requirements and performance
standards established in subsection (1) of this section, for the
purpose of:
(a) Defining preparedness activities that should be
undertaken before a pandemic occurs that will enhance the
effectiveness of response measures;
[Title 70 RCW—page 36]
(b) Describing the response, coordination, and decisionmaking structure that will incorporate the local health jurisdiction, the local health care system, other local response
agencies, and state and federal agencies during the pandemic;
(c) Defining the roles and responsibilities for the local
health jurisdiction, local health care partners, and local
response agencies during all phases of a pandemic;
(d) Describing public health interventions in a pandemic
response and the timing of such interventions;
(e) Serving as a guide for local health care system partners, response agencies, and businesses in the development
of pandemic influenza response plans; and
(f) Providing technical support and information on
which preparedness and response actions are based.
Each plan shall be developed based on an assessment by
the local health jurisdiction of its current capacity to respond
to pandemic flu and otherwise meet department outcome
measures related to infectious disease outbreaks of statewide
significance. [2006 c 63 § 3.]
70.26.040
70.26.040 Local preparedness and response plans—
Consultation with public, private sector—Department to
provide technical assistance and disburse funds. (1) Each
local health jurisdiction shall develop its pandemic flu preparedness and response plan based on the requirements and
performance standards established under RCW 70.26.030(1)
and an assessment of the jurisdiction’s current capacity to
respond to pandemic flu. The plan shall be developed in consultation with appropriate public and private sector partners,
including departments of emergency management, law
enforcement, school districts, hospitals and medical professionals, tribal governments, and business organizations. At a
minimum, each plan shall address:
(a) Strategies to educate the public about the consequences of influenza pandemic and what each person can do
to prepare, including the adoption of universal infectious disease prevention practices and maintaining appropriate emergency supplies;
(b) Jurisdiction-wide disease surveillance programs,
coordinated with state and federal efforts, to detect pandemic
influenza strains in humans and animals, including health
care provider compliance with reportable conditions requirements, and investigation and analysis of reported illness or
outbreaks;
(c) Communication systems, including the availability of
and access to specialized communications equipment by
health officials and community leaders, and the use of mass
media outlets;
(d) Mass vaccination plans and protocols to rapidly
administer vaccine and monitor vaccine effectiveness and
safety;
(e) Guidelines for the utilization of antiviral medications
for the treatment and prevention of influenza;
(f) Implementation of nonmedical measures to decrease
the spread of the disease as guided by the epidemiology of the
pandemic, including increasing adherence to public health
advisories, voluntary social isolation during outbreaks, and
health officer orders related to quarantines;
(g) Medical system mobilization, including improving
the linkages and coordination of emergency responses across
(2006 Ed.)
Control of Tuberculosis
health care organizations, and assuring the availability of
adequate facilities and trained personnel;
(h) Strategies for maintaining social order and essential
community services while limiting the spread of disease
throughout the duration of the pandemic; and
(i) The jurisdiction’s relative priorities related to implementation of the above activities, based on available funding.
(2) To the extent state or federal funds are provided for
this purpose, the department, in consultation with the state
director of emergency management, shall provide technical
assistance and disburse funds as needed, based on the formula developed under RCW 70.26.060, to support local
health jurisdictions in developing their pandemic flu preparedness and response plans. [2006 c 63 § 4.]
70.26.050
70.26.050 Plans to be submitted to secretary for
approval, rejection—Funding—Preparedness and
response activities. Local health jurisdictions shall submit
their pandemic flu preparedness and response plans to the
secretary by November 1, 2006. Upon receipt of a plan, the
secretary shall approve or reject the plan. When the plan is
determined by the department to comply with the requirements and integrate the performance standards established
under RCW 70.26.030(1), any additional state or federal
funding appropriated in the budget shall be provided to the
local health jurisdiction to support the preparedness response
activities identified in the plan, based upon a formula developed by the secretary under RCW 70.26.060. Preparedness
and response activities include but are not limited to:
(1) Education, information, and outreach, in multiple
languages, to increase community preparedness and reduce
the spread of the disease should it occur;
(2) Development of materials and systems to be used in
the event of a pandemic to keep the public informed about the
influenza, the course of the pandemic, and response activities;
(3) Development of the legal documents necessary to
facilitate and support the necessary government response;
(4) Training and response drills for local health jurisdiction staff, law enforcement, health care providers, and others
with responsibilities identified in the plan;
(5) Enhancement of the communicable disease surveillance system; and
(6) Development of coordination and communication
systems among responding agencies.
Where appropriate, these activities shall be coordinated
and funded on a regional or statewide basis. The secretary, in
consultation with the state director of emergency management, shall provide implementation support and assistance to
a local health jurisdiction when the secretary or the local
health jurisdiction has concerns regarding a jurisdiction’s
progress toward implementing its plan. [2006 c 63 § 5.]
70.26.060
70.26.060 Secretary to develop a formula for fund
distribution—Requirements. The secretary shall develop a
formula for distribution of any federal and state funds appropriated in the omnibus appropriations act on or before July 1,
2006, to local health jurisdictions for development and implementation of their pandemic flu preparedness and response
plans. The formula developed by the secretary shall ensure
(2006 Ed.)
70.28.005
that each local health jurisdiction receives a minimum
amount of funds for plan development and that any additional
funds for plan development be distributed equitably, including consideration of population and factors that increase susceptibility to an outbreak, upon soliciting the advice of the
local health jurisdictions. [2006 c 63 § 6.]
70.26.070
70.26.070 Secretary duties—Report. The secretary
shall:
(1) Develop a process for assessing the compliance of
each local health jurisdiction with the requirements and performance standards developed under RCW 70.26.030(1) at
least biannually;
(2) By November 15, 2008, report to the legislature on
the level of compliance with the performance standards
established under RCW 70.26.030(1). The report shall consider the extent to which local health jurisdictions comply
with each performance standard and any impediments to
meeting the expected level of performance. [2006 c 63 § 7.]
Chapter 70.28
Chapter 70.28 RCW
CONTROL OF TUBERCULOSIS
Sections
70.28.005
70.28.008
70.28.010
70.28.020
70.28.025
70.28.031
70.28.032
70.28.033
70.28.035
70.28.037
Health officials, broad powers to protect public health.
Definitions.
Health care providers required to report cases.
Record of reports.
Secretary’s administrative responsibility—Scope.
Powers and duties of health officers.
Due process standards for testing, treating, detaining—Reporting requirements—Training and scope for skin test administration.
Treatment, isolation, or examination order of health officer—
Violation—Penalty.
Order of health officer—Refusal to obey—Application for
superior court order.
Superior court order for confinement of individuals having
active tuberculosis.
Reviser’s note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
70.28.005
70.28.005 Health officials, broad powers to protect
public health. (1) Tuberculosis has been and continues to be
a threat to the public’s health in the state of Washington.
(2) While it is important to respect the rights of individuals, the legitimate public interest in protecting the public
health and welfare from the spread of a deadly infectious disease outweighs incidental curtailment of individual rights
that may occur in implementing effective testing, treatment,
and infection control strategies.
(3) To protect the public’s health, it is the intent of the
legislature that local health officials provide culturally sensitive and medically appropriate early diagnosis, treatment,
education, and follow-up to prevent tuberculosis. Further, it
is imperative that public health officials and their staff have
the necessary authority and discretion to take actions as are
necessary to protect the health and welfare of the public, subject to the constitutional protection required under the federal
and state constitutions. Nothing in this chapter shall be construed as in any way limiting the broad powers of health officials to act as necessary to protect the public health. [1994 c
145 § 1.]
[Title 70 RCW—page 37]
70.28.008
Title 70 RCW: Public Health and Safety
70.28.008
70.28.008 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise:
(1) "Department" means the department of health;
(2) "Secretary" means the secretary of the department of
health or his or her designee;
(3) "Tuberculosis control" refers to the procedures
administered in the counties for the control, prevention, and
treatment of tuberculosis. [1999 c 172 § 7; 1991 c 3 § 330;
1983 c 3 § 171; 1971 ex.s. c 277 § 15. Formerly RCW
70.33.010.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
70.28.010
70.28.010 Health care providers required to report
cases. All practicing health care providers in the state are
hereby required to report to the local health department cases
of every person having tuberculosis who has been attended
by, or who has come under the observation of, the health care
provider within one day thereof. [1999 c 172 § 2; 1996 c 209
§ 1; 1967 c 54 § 1; 1899 c 71 § 1; RRS § 6109.]
Finding—1999 c 172: "The legislature finds that current statutes relating to the reporting, treatment, and payment for tuberculosis are outdated,
and not in concert with current clinical practice and tuberculosis care
management. Updating reporting requirements for local health departments
will benefit providers, local health, and individuals requiring treatment for
tuberculosis." [1999 c 172 § 1.]
Severability—1999 c 172: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1999 c 172 § 13.]
Severability—1967 c 54: "If any provision of this act, or its application
to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not
affected." [1967 c 54 § 20.]
70.28.020
70.28.020 Record of reports. All local health departments in this state are hereby required to receive and keep a
record, for a period of ten years from the date of the report, of
the reports required by RCW 70.28.010 to be made to them;
such records shall not be open to public inspection, but shall
be submitted to the proper inspection of other local health
departments and of the department of health alone, and such
records shall not be published nor made public. [1999 c 172
§ 3; 1967 c 54 § 2; 1899 c 71 § 2; RRS § 6110.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
70.28.025
70.28.025 Secretary’s administrative responsibility—Scope. The secretary shall have responsibility for
establishing standards for the control, prevention, and treatment of tuberculosis and hospitals approved to treat tuberculosis in the state operated under this chapter and chapter
70.30 RCW and for providing, either directly or through
agreement, contract, or purchase, appropriate facilities and
services for persons who are, or may be suffering from tuberculosis except as otherwise provided by RCW 70.30.061 or
this section.
Under that responsibility, the secretary shall have the
following powers and duties:
(1) To develop and enter into such agreements, contracts,
or purchase arrangements with counties and public and private agencies or institutions to provide for hospitalization,
[Title 70 RCW—page 38]
nursing home, or other appropriate facilities and services,
including laboratory services, for persons who are or may be
suffering from tuberculosis;
(2) Adopt such rules as are necessary to assure effective
patient care and treatment of tuberculosis. [1999 c 172 § 8;
1983 c 3 § 172; 1973 1st ex.s. c 213 § 2; 1971 ex.s. c 277 §
16. Formerly RCW 70.33.020.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
70.28.031
70.28.031 Powers and duties of health officers. Each
health officer is hereby directed to use every available means
to ascertain the existence of, and immediately to investigate,
all reported or suspected cases of tuberculosis in the infectious stages within his or her jurisdiction and to ascertain the
sources of such infections. In carrying out such investigations, each health officer is hereby invested with full powers
of inspection, examination, treatment, and quarantine or isolation of all persons known to be infected with tuberculosis in
an infectious stage or persons who have been previously
diagnosed as having tuberculosis and who are under medical
orders for treatment or periodic follow-up examinations and
is hereby directed:
(a) To make such examinations as are deemed necessary
of persons reasonably suspected of having tuberculosis in an
infectious stage and to isolate and treat or isolate, treat, and
quarantine such persons, whenever deemed necessary for the
protection of the public health.
(b) To make such examinations as deemed necessary of
persons who have been previously diagnosed as having
tuberculosis and who are under medical orders for periodic
follow-up examinations.
(c) Follow local rules and regulations regarding examinations, treatment, quarantine, or isolation, and all rules, regulations, and orders of the state board and of the department
in carrying out such examination, treatment, quarantine, or
isolation.
(d) Whenever the health officer shall determine on reasonable grounds that an examination or treatment of any person is necessary for the preservation and protection of the
public health, he or she shall make an examination order in
writing, setting forth the name of the person to be examined,
the time and place of the examination, the treatment, and such
other terms and conditions as may be necessary to protect the
public health. Nothing contained in this subdivision shall be
construed to prevent any person whom the health officer
determines should have an examination or treatment for
infectious tuberculosis from having such an examination or
treatment made by a physician of his or her own choice who
is licensed to practice osteopathic medicine and surgery
under chapter 18.57 RCW or medicine and surgery under
chapter 18.71 RCW under such terms and conditions as the
health officer shall determine on reasonable grounds to be
necessary to protect the public health.
(e) Whenever the health officer shall determine that
quarantine, treatment, or isolation in a particular case is necessary for the preservation and protection of the public
health, he or she shall make an order to that effect in writing,
setting forth the name of the person, the period of time during
which the order shall remain effective, the place of treatment,
(2006 Ed.)
Tuberculosis Hospitals, Facilities, and Funding
isolation, or quarantine, and such other terms and conditions
as may be necessary to protect the public health.
(f) Upon the making of an examination, treatment, isolation, or quarantine order as provided in this section, a copy of
such order shall be served upon the person named in such
order.
(g) Upon the receipt of information that any examination, treatment, quarantine, or isolation order, made and
served as herein provided, has been violated, the health
officer shall advise the prosecuting attorney of the county in
which such violation has occurred, in writing, and shall submit to such prosecuting attorney the information in his or her
possession relating to the subject matter of such examination,
treatment, isolation, or quarantine order, and of such violation or violations thereof.
(h) Any and all orders authorized under this section shall
be made by the health officer or his or her tuberculosis control officer.
(i) Nothing in this chapter shall be construed to abridge
the right of any person to rely exclusively on spiritual means
alone through prayer to treat tuberculosis in accordance with
the tenets and practice of any well-recognized church or religious denomination, nor shall anything in this chapter be
deemed to prohibit a person who is inflicted with tuberculosis
from being isolated or quarantined in a private place of his
own choice, provided, it is approved by the local health
officer, and all laws, rules and regulations governing control,
sanitation, isolation, and quarantine are complied with.
[1996 c 209 § 2; 1996 c 178 § 21; 1967 c 54 § 4.]
Reviser’s note: This section was amended by 1996 c 178 § 21 and by
1996 c 209 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1996 c 178: See note following RCW 18.35.110.
70.28.032
70.28.032 Due process standards for testing, treating,
detaining—Reporting requirements—Training and
scope for skin test administration. (1) The state board of
health shall adopt rules establishing the requirements for:
(a) Reporting confirmed or suspected cases of tuberculosis by health care providers and reporting of laboratory
results consistent with tuberculosis by medical test sites;
(b) Due process standards for health officers exercising
their authority to involuntarily detain, test, treat, or isolate
persons with suspected or confirmed tuberculosis under
RCW 70.28.031 and 70.05.070 that provide for release from
any involuntary detention, testing, treatment, or isolation as
soon as the health officer determines the patient no longer
represents a risk to the public’s health;
(c) Training of persons to perform tuberculosis skin testing and to administer tuberculosis medications.
(2) Notwithstanding any other provision of law, persons
trained under subsection (1)(c) of this section may perform
skin testing and administer medications if doing so as part of
a program established by a state or local health officer to control tuberculosis. [1996 c 209 § 3; 1994 c 145 § 2.]
70.28.033
70.28.033 Treatment, isolation, or examination order
of health officer—Violation—Penalty. Inasmuch as the
order provided for by RCW 70.28.031 is for the protection of
the public health, any person who, after service upon him or
(2006 Ed.)
Chapter 70.30
her of an order of a health officer directing his or her treatment, isolation, or examination as provided for in RCW
70.28.031, violates or fails to comply with the same or any
provision thereof, is guilty of a misdemeanor, and, upon conviction thereof, in addition to any and all other penalties
which may be imposed by law upon such conviction, may be
ordered by the court confined until such order of such health
officer shall have been fully complied with or terminated by
such health officer, but not exceeding six months from the
date of passing judgment upon such conviction: PROVIDED, That the court, upon suitable assurances that such
order of such health officer will be complied with, may place
any person convicted of a violation of such order of such
health officer upon probation for a period not to exceed two
years, upon condition that the said order of said health officer
be fully complied with: AND PROVIDED FURTHER, That
upon any subsequent violation of such order of such health
officer, such probation shall be terminated and confinement
as herein provided ordered by the court. [1996 c 209 § 4;
1967 c 54 § 5.]
70.28.035
70.28.035 Order of health officer—Refusal to obey—
Application for superior court order. In addition to the
proceedings set forth in RCW 70.28.031, where a local health
officer has reasonable cause to believe that an individual has
tuberculosis as defined in the rules and regulations of the
state board of health, and the individual refuses to obey the
order of the local health officer to appear for an initial examination or a follow-up examination or an order for treatment,
isolation, or quarantine, the health officer may apply to the
superior court for an order requiring the individual to comply
with the order of the local health officer. [1996 c 209 § 5;
1967 c 54 § 6.]
70.28.037
70.28.037 Superior court order for confinement of
individuals having active tuberculosis. Where it has been
determined after an examination as prescribed in this chapter
that an individual has active tuberculosis, upon application to
the superior court by the local health officer, the superior
court shall order the sheriff to transport the individual to a
designated facility for isolation, treatment, and care until
such time as the local health officer or designee determines
that the patient’s condition is such that it is safe for the patient
to be discharged from the facility. [1999 c 172 § 4; 1967 c 54
§ 7.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
Chapter 70.30
Chapter 70.30 RCW
TUBERCULOSIS HOSPITALS, FACILITIES,
AND FUNDING
(Formerly: Tuberculosis hospitals and facilities)
Sections
70.30.015
70.30.045
70.30.055
70.30.061
70.30.081
Definitions.
Expenditures for tuberculosis control directed—Standards—
Payment for treatment.
County budget for tuberculosis facilities.
Admissions to facility.
Annual inspections.
[Title 70 RCW—page 39]
70.30.015
Title 70 RCW: Public Health and Safety
Reviser’s note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
County hospitals: Chapter 36.62 RCW.
Hospital’s lien: Chapter 60.44 RCW.
Labor regulations, collective bargaining—Health care activities: Chapter
49.66 RCW.
70.30.015
70.30.015 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of the department of
health or his or her designee.
(3) "Tuberculosis control" refers to the procedures
administered in the counties for the control, prevention, and
treatment of tuberculosis. [1999 c 172 § 10.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
70.30.045
70.30.045 Expenditures for tuberculosis control
directed—Standards—Payment for treatment. Tuberculosis is a communicable disease and tuberculosis prevention,
treatment, control, and follow up of known cases of tuberculosis are the basic steps in the control of this major health
problem. In order to carry on such work effectively in accordance with the standards set by the secretary under RCW
70.28.025, the legislative authority of each county shall budget a sum to be used for the control of tuberculosis, including
case finding, prevention, treatment, and follow up of known
cases of tuberculosis. Under no circumstances should this
section be construed to mean that the legislative authority of
each county shall budget sums to provide tuberculosis treatment when the patient has the ability to pay for the treatment.
Each patient’s ability to pay for the treatment shall be
assessed by the local health department. [1999 c 172 § 6;
1975 1st ex.s. c 291 § 3; 1973 1st ex.s. c 195 § 79; 1971 ex.s.
c 277 § 21; 1970 ex.s. c 47 § 7; 1967 ex.s. c 110 § 11; 1959 c
117 § 1; 1945 c 66 § 1; 1943 c 162 § 1; Rem. Supp. 1945 §
6113-1. Formerly RCW 70.32.010.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
department, the secretary shall take action to provide the
required services and to charge the affected county directly
for the provision of these services by the state. [1999 c 172 §
9; 1975 1st ex.s. c 291 § 4. Prior: 1973 1st ex.s. c 213 § 4;
1973 1st ex.s. c 195 § 81; 1971 ex.s. c 277 § 18. Formerly
RCW 70.33.040.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050.
Expenditures for tuberculosis control directed—Standards—Payment for
treatment: RCW 70.30.045.
70.30.061
70.30.061 Admissions to facility. Any person residing
in the state and needing treatment for tuberculosis may apply
in person to the local health officer or to any licensed physician, advanced registered nurse practitioner, or licensed physician assistant for examination and if that health care provider has reasonable cause to believe that the person is suffering from tuberculosis in any form he or she may apply to the
local health officer or designee for admission of the person to
an appropriate facility for the care and treatment of tuberculosis. [1999 c 172 § 5; 1973 1st ex.s. c 213 § 1; 1972 ex.s. c
143 § 2.]
Finding—Severability—1999 c 172: See notes following RCW
70.28.010.
70.30.081
70.30.081 Annual inspections. All hospitals established or maintained for the treatment of persons suffering
from tuberculosis shall be subject to annual inspection, or
more frequently if required by federal law, by agents of the
department of health, and the medical director shall admit
such agents into every part of the facility and its buildings,
and give them access on demand to all records, reports,
books, papers, and accounts pertaining to the facility. [1991
c 3 § 329; 1972 ex.s. c 143 § 4.]
Chapter 70.37
Sections
Effective dates—Severability—1975 1st ex.s. c 291: See notes following RCW 82.04.050.
70.37.010
70.37.020
70.37.030
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
70.37.040
County budget for tuberculosis facilities: RCW 70.30.055.
County treasurer: Chapter 36.29 RCW.
70.30.055
70.30.055 County budget for tuberculosis facilities.
In order to maintain adequate facilities and services for the
residents of the state of Washington who are or may be suffering from tuberculosis and to assure their proper care, the
legislative authority of each county shall budget annually a
sum to provide such services in the county.
The funds may be retained by the county for operating its
own services for the prevention and treatment of tuberculosis.
None of the counties shall be required to make any payments
to the state or any other agency from these funds except as
authorized by the local health department. However, if the
counties do not comply with the adopted standards of the
[Title 70 RCW—page 40]
Chapter 70.37 RCW
HEALTH CARE FACILITIES
70.37.050
70.37.060
70.37.070
70.37.080
70.37.090
70.37.100
70.37.110
70.37.900
Declaration of public policies—Purpose.
Definitions.
Washington health care facilities authority established—
Members—Chairman—Terms—Quorum—Vacancies—
Compensation and travel expenses.
Washington health care facilities authority—Powers—Special
fund bonds—Revenue bonds.
Requests for financing—Financing plan—Bond issue, special
fund authorized.
Bond issues—Terms—Payment—Legal investment, etc.
Bond issues—Special trust fund—Payments—Status—
Administration of fund.
Bond issues—Disposition of proceeds—Special fund.
Payment of authority for expenses incurred in investigating
and financing projects.
Powers of authority.
Advancements and contributions by political subdivisions.
Severability—1974 ex.s. c 147.
70.37.010
70.37.010 Declaration of public policies—Purpose.
The good health of the people of our state is a most important
public concern. The state has a direct interest in seeing to it
that health care facilities adequate for good public health are
established and maintained in sufficient numbers and in
(2006 Ed.)
Health Care Facilities
proper locations. The rising costs of care of the infirm constitute a grave challenge not only to health care providers but to
our state and the people of our state who will seek such care.
It is hereby declared to be the public policy of the state of
Washington to assist and encourage the building, providing
and utilization of modern, well equipped and reasonably
priced health care facilities, and the improvement, expansion
and modernization of health care facilities in a manner that
will minimize the capital costs of construction, financing and
use thereof and thereby the costs to the public of the use of
such facilities, and to contribute to improving the quality of
health care available to our citizens. In order to accomplish
these and related purposes this chapter is adopted and shall be
liberally construed to carry out its purposes and objects.
[1974 ex.s. c 147 § 1.]
70.37.020
70.37.020 Definitions. As used in this chapter, the following words and terms have the following meanings, unless
the context indicates or requires another or different meaning
or intent and the singular of any term shall encompass the
plural and the plural the singular unless the context indicates
otherwise:
(1) "Authority" means the Washington health care facilities authority created by RCW 70.37.030 or any board, body,
commission, department or officer succeeding to the principal functions thereof or to whom the powers conferred upon
the authority shall be given by law.
(2) "Bonds" mean bonds, notes or other evidences of
indebtedness of the authority issued pursuant hereto.
(3) "Health care facility" means any land, structure, system, machinery, equipment or other real or personal property
or appurtenances useful for or associated with delivery of
inpatient or outpatient health care service or support for such
care or any combination thereof which is operated or undertaken in connection with hospital, clinic, health maintenance
organization, diagnostic or treatment center, extended care
facility, or any facility providing or designed to provide therapeutic, convalescent or preventive health care services, and
shall include research and support facilities of a comprehensive cancer center, but excluding, however, any facility
which is maintained by a participant primarily for rental or
lease to self-employed health care professionals or as an independent nursing home or other facility primarily offering
domiciliary care.
(4) "Participant" means any city, county or other municipal corporation or agency or political subdivision of the state
or any corporation, hospital, comprehensive cancer center, or
health maintenance organization authorized by law to operate
nonprofit health care facilities, or any affiliate, as defined by
regulations promulgated by the director of the department of
financial institutions pursuant to RCW 21.20.450, which is a
nonprofit corporation acting for the benefit of any entity
described in this subsection.
(5) "Project" means a specific health care facility or any
combination of health care facilities, constructed, purchased,
acquired, leased, used, owned or operated by a participant,
and alterations, additions to, renovations, enlargements, betterments and reconstructions thereof. [1994 c 92 § 505; 1989
c 65 § 1; 1983 c 210 § 3; 1974 ex.s. c 147 § 2.]
(2006 Ed.)
70.37.040
70.37.030
70.37.030 Washington health care facilities authority
established—Members—Chairman—Terms—Quorum—Vacancies—Compensation and travel expenses.
There is hereby established a public body corporate and politic, with perpetual corporate succession, to be known as the
Washington health care facilities authority. The authority
shall constitute a political subdivision of the state established
as an instrumentality exercising essential governmental functions. The authority is a "public body" within the meaning of
RCW 39.53.010. The authority shall consist of the governor
who shall serve as chairman, the lieutenant governor, the
insurance commissioner, the secretary of health, and one
member of the public who shall be appointed by the governor, subject to confirmation by the senate, on the basis of the
member’s interest or expertise in health care delivery, for a
term expiring on the fourth anniversary of the date of
appointment. In the event that any of the offices referred to
shall be abolished the resulting vacancy on the authority shall
be filled by the officer who shall succeed substantially to the
powers and duties thereof. The members of the authority
shall be compensated in accordance with RCW 43.03.240
and shall be entitled to reimbursement, solely from the funds
of the authority, for travel expenses incurred in the discharge
of their duties under this chapter, subject to the provisions of
RCW 43.03.050 and 43.03.060. A majority shall constitute a
quorum.
The governor and the insurance commissioner each may
designate an employee of his or her office to act on his or her
behalf during the absence of the governor or the insurance
commissioner at one or more of the meetings of the authority.
The vote of the designee shall have the same effect as if cast
by the governor or the insurance commissioner if the designation is in writing and is presented to the person presiding at
the meetings included within the designation.
The governor may designate a member to preside during
the governor’s absence. [2002 c 91 § 1; 1989 1st ex.s. c 9 §
261; 1984 c 287 § 103; 1983 c 210 § 1; 1975-’76 2nd ex.s. c
34 § 157; 1974 ex.s. c 147 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
70.37.040
70.37.040 Washington health care facilities authority—Powers—Special fund bonds—Revenue bonds. (1)
The authority is hereby empowered to issue bonds for the
construction, purchase, acquisition, rental, leasing or use by
participants of projects for which bonds to provide funds
therefor have been approved by the authority. Such bonds
shall be issued in the name of the authority. They shall not be
obligations of the state of Washington or general obligations
of the authority but shall be payable only from the special
funds created by the authority for their payment. They shall
contain a recital on their face that their payment and the payment of interest thereon shall be a valid claim only as against
the special fund relating thereto derived by the authority in
whole or in part from the revenues received by the authority
from the operation by the participant of the health care facilities for which the bonds are issued but that they shall consti[Title 70 RCW—page 41]
70.37.050
Title 70 RCW: Public Health and Safety
tute a prior charge over all other charges or claims whatever
against such special fund. The lien of any such pledge on
such revenues shall attach thereto immediately on their
receipt by the authority and shall be valid and binding as
against parties having claims of any kind in tort, contract or
otherwise against the participant, without recordation thereof
and whether or not they have notice thereof. For inclusion in
such special funds and for other uses in or for such projects of
participants the authority is empowered to accept and receive
funds, grants, gifts, pledges, guarantees, mortgages, trust
deeds and other security instruments, and property from the
federal government or the state of Washington or other public
body, entity or agency and from any public or private institution, association, corporation or organization, including participants, except that it shall not accept or receive from the
state or any taxing agency any money derived from taxes
save money to be devoted to the purposes of a project of the
state or taxing agency.
(2) For the purposes outlined in subsection (1) of this
section the authority is empowered to provide for the issuance of its special fund bonds and other limited obligation
security instruments subordinate to the first and prior lien
bonds, if any, relating to a project or projects of a participant
and to create special funds relating thereto against which
such subordinate securities shall be liens, but the authority
shall not have power to incur general obligations with respect
thereto.
(3) The authority may also issue special fund bonds to
redeem or to fund or refund outstanding bonds or any part
thereof at maturity, or before maturity if subject to prior
redemption, with the right in the authority to include various
series and issues of such outstanding special fund bonds in a
single issue of funding or refunding special fund bonds and to
pay any redemption premiums out of the proceeds thereto.
Such funding or refunding bonds shall be limited special fund
bonds issued in accordance with the provisions of this chapter, including this section and shall not be general obligations
of the authority.
(4) Such special fund bonds of either first lien or subordinate lien nature may also be issued by the authority, the
proceeds of which may be used to refund already existing
mortgages or other obligations on health care facilities
already constructed and operating incurred by a participant in
the construction, purchase or acquisition thereof.
(5) The authority may also lease to participants, lease to
them with option to purchase, or sell to them, facilities which
it has acquired by construction, purchase, devise, gift, or leasing: PROVIDED, That the terms thereof shall at least fully
reimburse the authority for its costs with respect to such facilities, including costs of financing, and provide fully for the
debt service on any bonds issued by the authority to finance
acquisition by it of the facilities. To pay the cost of acquiring
or improving such facilities or to refund any bonds issued for
such purpose, the authority may issue its revenue bonds
secured solely by revenues derived from the sale or lease of
the facility, but which may additionally be secured by mortgage, lease, pledge or assignment, trust agreement or other
security device. Such bonds and such security devices shall
not be obligations of the state of Washington or general obligations of the authority but shall be payable only from the
special funds created by the authority for their payment. Such
[Title 70 RCW—page 42]
health care facilities may be acquired, constructed, reconstructed, and improved and may be leased, sold or otherwise
disposed of in the manner determined by the authority in its
sole discretion and any requirement of competitive bidding,
lease performance bonds or other restriction imposed on the
procedure for award of contracts for such purpose or the
lease, sale or other disposition of property of the state, or any
agency thereof, is not applicable to any action so taken by the
authority. [1974 ex.s. c 147 § 4.]
70.37.050
70.37.050 Requests for financing—Financing plan—
Bond issue, special fund authorized. The authority shall
establish rules concerning its exercise of the powers authorized by this chapter. The authority shall receive from applicants requests for the providing of bonds for financing of
health care facilities and shall investigate and determine the
need and the feasibility of providing such bonds. Whenever
the authority deems it necessary or advisable for the benefit
of the public health to provide financing for a health care
facility, it shall adopt a financing plan therefor and shall
declare the estimated cost thereof, as near as may be, including as part of such cost funds necessary for the expenses
incurred in the financing as well as in the construction or purchase or other acquisition or in connection with the rental or
other payment for the use thereof, interest during construction, reserve funds and any funds necessary for initial start-up
costs, and shall issue and sell its bonds for the purposes of
carrying out the proposed financing plan: PROVIDED, That
if a certificate of need is required for the proposed project, no
such financing plan shall be adopted until such certificate has
been issued pursuant to chapter 70.38 RCW by the secretary
of the department of social and health services. The authority
shall have power as a part of such plan to create a special fund
or funds for the purpose of defraying the cost of such project
and for other projects of the same participant subsequently or
at the same time approved by it and for their maintenance,
improvement, reconstruction, remodeling and rehabilitation,
into which special fund or funds it shall obligate and bind the
participant to set aside and pay from the gross revenues of the
project or from other sources an amount sufficient to pay the
principal and interest of the bonds being issued, reserves and
other requirements of the special fund and to issue and sell
bonds payable as to both principal and interest out of such
fund or funds relating to the project or projects of such participant.
Such bonds shall bear such date or dates, mature at such
time or times, be in such denominations, be in such form,
either coupon or registered, or both, as provided in RCW
39.46.030, carry such registration privileges, be made transferable, exchangeable, and interchangeable, be payable in
such medium of payment, at such place or places, be subject
to such terms of redemption, bear such fixed or variable rate
or rates of interest, and be sold in such manner, at such price,
as the authority shall determine. Such bonds shall be executed by the chairman, by either its duly elected secretary or
its executive director, and by the trustee if the authority determines to utilize a trustee for the bonds. Execution of the
bonds may be by manual or facsimile signature: PROVIDED, That at least one signature placed thereon shall be
manually subscribed. Any interest coupons appurtenant to
the bonds shall be executed by facsimile or manual signature
(2006 Ed.)
Health Care Facilities
or signatures, as the authority shall determine. [1983 c 210 §
2; 1983 c 167 § 171; 1981 c 121 § 1; 1974 ex.s. c 147 § 5.]
Reviser’s note: This section was amended by 1983 c 167 § 171 and by
1983 c 210 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
70.37.060
70.37.060 Bond issues—Terms—Payment—Legal
investment, etc. The bonds of the authority shall be subject
to such terms, conditions and covenants and protective provisions as shall be found necessary or desirable by the authority, which may include but shall not be limited to provisions
for the establishment and maintenance by the participant of
rates for health services of the project, fees and other charges
of every kind and nature sufficient in amount and adequate,
over and above costs of operation and maintenance and all
other costs other than costs and expenses of capital, associated with the project, to pay the principal of and interest on
the bonds payable out of the special fund or funds of the
project, to set aside and maintain reserves as determined by
the authority to secure the payment of such principal and
interest, to set aside and maintain reserves for repairs and
replacement, to maintain coverage which may be agreed
upon over and above the requirements of payment of principal and interest, and for other needs found by the authority to
be required for the security of the bonds. When issuing bonds
the authority may provide for the future issuance of additional bonds on a parity with outstanding bonds, and the
terms and conditions of their issuance.
All bonds issued under the authority of this chapter shall
constitute legal investments for trustees and other fiduciaries
and for savings and loan associations, banks, and insurance
companies doing business in this state. All such bonds and all
coupons appertaining thereto shall be negotiable instruments
within the meaning of and for all purposes of the negotiable
instruments law of this state. [1974 ex.s. c 147 § 6.]
70.37.070
70.37.070 Bond issues—Special trust fund—Payments—Status—Administration of fund. All revenues
received by the authority from a participant derived from a
particular project of such participant to be applied on principal and interest of bonds or for other bond requirements such
as reserves and all other funds for the bond requirements of a
particular project received from contributions or grants or in
any other form shall be deposited by the authority in qualified
public depositaries to the credit of a special trust fund to be
designated as the authority special bond fund for the particular project or projects producing such revenue or to which the
contribution or grant relates. Such fund shall not be or constitute funds of the state of Washington but at all times shall be
kept segregated and set apart from other funds. From such
funds, the authority shall make payment of principal and
interest of the bonds of the particular project or projects; and
the authority may set up subaccounts in the bond fund for
reserve accounts for payment of principal and interest, for
repairs and replacement and for other special requirements of
the bonds of the project or projects as determined by the
authority. In lieu of itself receiving and handling these moneys as here outlined the authority may appoint trustees,
(2006 Ed.)
70.37.100
depositaries and paying agents to perform the functions outlined and to receive, hold, disburse, invest and reinvest such
funds on its behalf and for the protection of the bondholders.
[1974 ex.s. c 147 § 7.]
70.37.080
70.37.080 Bond issues—Disposition of proceeds—
Special fund. Proceeds from the sale of all bonds of a project
issued under the provisions of this chapter received by the
authority shall be deposited forthwith by the authority in
qualified public depositaries in a special fund for the particular project for which the bonds were issued and sold, which
money shall not be funds of the state of Washington. Such
fund shall at all times be segregated and set apart from all
other funds and in trust for the purposes of purchase, construction, acquisition, leasing, or use of a project or projects,
and for other special needs of the project declared by the
authority, including the manner of disposition of any money
not finally needed in the construction, purchase, or other
acquisition. Money other than bond sale proceeds received by
the authority for these same purposes, such as contributions
from a participant or a grant from the federal government
may be deposited in the same project fund. Proceeds received
from the sale of the bonds may also be used to defray the
expenses of the authority in connection with and incidental to
the issuance and sale of bonds for the project, as well as
expenses for studies, surveys, estimates, inspections and
examinations of or relating to the particular project, and other
costs advanced therefor by the participant or by the authority.
In lieu of itself receiving and handling these moneys in the
manner here outlined the authority may appoint trustees,
depositaries and paying agents to perform the functions outlined and to receive, hold, disburse, invest and reinvest such
funds on its behalf and for the protection of the participants
and of bondholders. [1974 ex.s. c 147 § 8.]
70.37.090
70.37.090 Payment of authority for expenses
incurred in investigating and financing projects. The
authority shall have power to require persons applying for its
assistance in connection with the investigation and financing
of projects to pay fees and charges to provide the authority
with funds for investigation, financial feasibility studies,
expenses of issuance and sale of bonds and other charges for
services provided by the authority in connection with such
projects. All other expenses of the authority including compensation of its employees and consultants, expenses of
administration and conduct of its work and business and
other expenses shall be paid out of such fees and charges, out
of contributions and grants to it, out of the proceeds of bonds
issued for projects of participants or out of revenues of such
projects; none by the state of Washington. The authority shall
have power to establish special funds into which such money
shall be received and out of which it may be disbursed by the
persons and with the procedure and in the manner established
by the authority. [1974 ex.s. c 147 § 9.]
70.37.100
70.37.100 Powers of authority. The authority may
make contracts, employ or engage engineers, architects,
attorneys, an executive director, and other technical or professional assistants, and such other personnel as are necessary. It may delegate to the executive director or other appro[Title 70 RCW—page 43]
70.37.110
Title 70 RCW: Public Health and Safety
priate persons the power to execute legal instruments on its
behalf. It may enter into contracts with the United States,
accept gifts for its purposes, and exercise any other power
reasonably required to implement the principal powers
granted in this chapter. No provision of this chapter shall be
construed so as to limit the power of the authority to provide
bond financing to more than one participant and/or project by
means of a single issue of revenue bonds utilizing a single
bond fund and/or a single special fund into which proceeds of
such bonds are deposited. The authority shall have no power
to levy any taxes of any kind or nature and no power to incur
obligations on behalf of the state of Washington. [1982 c 10
§ 14. Prior: 1981 c 121 § 2; 1981 c 31 § 1; 1974 ex.s. c 147
§ 10.]
Severability—1982 c 10: See note following RCW 6.13.080.
70.37.110 Advancements and contributions by political subdivisions. Any city, county or other political subdivision of this state and any public health care facility is
hereby authorized to advance or contribute to the authority
real property, money, and other personal property of any kind
towards the expense of preliminary surveys and studies and
other preliminary expenses of projects which they are by
other statutes of this state authorized to own or operate which
are a part of a plan or system which has been submitted by
them and is under consideration by the authority for assistance under the provisions of this chapter. [1974 ex.s. c 147
§ 11.]
70.37.110
70.37.900 Severability—1974 ex.s. c 147. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1974 ex.s. c 147 § 12.]
70.37.900
Chapter 70.38 RCW
HEALTH PLANNING AND DEVELOPMENT
Chapter 70.38
Sections
70.38.015
70.38.025
70.38.095
70.38.105
70.38.111
70.38.115
70.38.118
70.38.125
70.38.135
70.38.155
70.38.156
70.38.157
70.38.158
70.38.220
70.38.230
70.38.250
70.38.905
70.38.910
70.38.911
70.38.912
70.38.914
70.38.915
70.38.916
70.38.917
70.38.918
70.38.919
70.38.920
Pending certificates of need—1983 c 235.
Effective dates—Pending certificates of need—1979 ex.s. c
161.
Effective date—1980 c 139.
Effective date—1989 1st ex.s. c 9.
Effective dates—Pending certificates of need—1989 1st ex.s.
c 9.
Effective date—State health plan—1989 1st ex.s. c 9.
Short title.
70.38.015
70.38.015 Declaration of public policy. It is declared
to be the public policy of this state:
(1) That health planning to promote, maintain, and
assure the health of all citizens in the state, to provide accessible health services, health manpower, health facilities, and
other resources while controlling excessive increases in
costs, and to recognize prevention as a high priority in health
programs, is essential to the health, safety, and welfare of the
people of the state. Health planning should be responsive to
changing health and social needs and conditions. Involvement in health planning from both consumers and providers
throughout the state should be encouraged;
(2) That the development of health services and
resources, including the construction, modernization, and
conversion of health facilities, should be accomplished in a
planned, orderly fashion, consistent with identified priorities
and without unnecessary duplication or fragmentation;
(3) That the development and maintenance of adequate
health care information, statistics and projections of need for
health facilities and services is essential to effective health
planning and resources development;
(4) That the development of nonregulatory approaches to
health care cost containment should be considered, including
the strengthening of price competition; and
(5) That health planning should be concerned with public
health and health care financing, access, and quality, recognizing their close interrelationship and emphasizing cost control of health services, including cost-effectiveness and costbenefit analysis. [1989 1st ex.s. c 9 § 601; 1983 c 235 § 1;
1980 c 139 § 1; 1979 ex.s. c 161 § 1.]
70.38.025
Declaration of public policy.
Definitions.
Public disclosure.
Health services and facilities requiring certificate of need—
Fees.
Certificates of need—Exemptions.
Certificates of need—Procedures—Rules—Criteria for
review—Conditional certificates of need—Concurrent
review—Review periods—Hearing—Adjudicative proceeding—Amended certificates of need.
Certificates of need—Applications submitted by hospice
agencies.
Certificates of need—Issuance—Duration—Penalties for violations.
Services and surveys—Rules.
Certificates of need—Savings—1979 ex.s. c 161.
Certificates of need—Savings—1980 c 139.
Certificates of need—Savings—1983 c 235.
Certificates of need—Savings—1989 1st ex.s. c 9 §§ 601
through 607.
Ethnic minorities—Nursing home beds that reflect cultural
differences.
Residential hospice care centers—Defined—Change in bed
capacity—Applicability of chapter.
Redistribution and addition of beds—Determination.
Conflict with federal law—Construction.
Severability—1983 c 235; 1979 ex.s. c 161.
Severability—1980 c 139.
Severability—1989 1st ex.s. c 9.
[Title 70 RCW—page 44]
70.38.025 Definitions. When used in this chapter, the
terms defined in this section shall have the meanings indicated.
(1) "Board of health" means the state board of health created pursuant to chapter 43.20 RCW.
(2) "Capital expenditure" is an expenditure, including a
force account expenditure (i.e., an expenditure for a construction project undertaken by a nursing home facility as its own
contractor) which, under generally accepted accounting principles, is not properly chargeable as an expense of operation
or maintenance. Where a person makes an acquisition under
lease or comparable arrangement, or through donation, which
would have required review if the acquisition had been made
by purchase, such expenditure shall be deemed a capital
expenditure. Capital expenditures include donations of
equipment or facilities to a nursing home facility which if
acquired directly by such facility would be subject to certificate of need review under the provisions of this chapter and
transfer of equipment or facilities for less than fair market
value if a transfer of the equipment or facilities at fair market
value would be subject to such review. The cost of any studies, surveys, designs, plans, working drawings, specifica(2006 Ed.)
Health Planning and Development
tions, and other activities essential to the acquisition,
improvement, expansion, or replacement of any plant or
equipment with respect to which such expenditure is made
shall be included in determining the amount of the expenditure.
(3) "Continuing care retirement community" means an
entity which provides shelter and services under continuing
care contracts with its members and which sponsors or
includes a health care facility or a health service. A "continuing care contract" means a contract to provide a person, for
the duration of that person’s life or for a term in excess of one
year, shelter along with nursing, medical, health-related, or
personal care services, which is conditioned upon the transfer
of property, the payment of an entrance fee to the provider of
such services, or the payment of periodic charges for the care
and services involved. A continuing care contract is not
excluded from this definition because the contract is mutually
terminable or because shelter and services are not provided at
the same location.
(4) "Department" means the department of health.
(5) "Expenditure minimum" means, for the purposes of
the certificate of need program, one million dollars adjusted
by the department by rule to reflect changes in the United
States department of commerce composite construction cost
index; or a lesser amount required by federal law and established by the department by rule.
(6) "Health care facility" means hospices, hospice care
centers, hospitals, psychiatric hospitals, nursing homes, kidney disease treatment centers, ambulatory surgical facilities,
and home health agencies, and includes such facilities when
owned and operated by a political subdivision or instrumentality of the state and such other facilities as required by federal law and implementing regulations, but does not include
any health facility or institution conducted by and for those
who rely exclusively upon treatment by prayer or spiritual
means in accordance with the creed or tenets of any well-recognized church or religious denomination, or any health
facility or institution operated for the exclusive care of members of a convent as defined in RCW 84.36.800 or rectory,
monastery, or other institution operated for the care of members of the clergy. In addition, the term does not include any
nonprofit hospital: (a) Which is operated exclusively to provide health care services for children; (b) which does not
charge fees for such services; and (c) if not contrary to federal
law as necessary to the receipt of federal funds by the state.
(7) "Health maintenance organization" means a public or
private organization, organized under the laws of the state,
which:
(a) Is a qualified health maintenance organization under
Title XIII, section 1310(d) of the Public Health Services Act;
or
(b)(i) Provides or otherwise makes available to enrolled
participants health care services, including at least the following basic health care services: Usual physician services, hospitalization, laboratory, X-ray, emergency, and preventive
services, and out-of-area coverage; (ii) is compensated
(except for copayments) for the provision of the basic health
care services listed in (b)(i) to enrolled participants by a payment which is paid on a periodic basis without regard to the
date the health care services are provided and which is fixed
without regard to the frequency, extent, or kind of health ser(2006 Ed.)
70.38.105
vice actually provided; and (iii) provides physicians’ services
primarily (A) directly through physicians who are either
employees or partners of such organization, or (B) through
arrangements with individual physicians or one or more
groups of physicians (organized on a group practice or individual practice basis).
(8) "Health services" means clinically related (i.e., preventive, diagnostic, curative, rehabilitative, or palliative) services and includes alcoholism, drug abuse, and mental health
services and as defined in federal law.
(9) "Health service area" means a geographic region
appropriate for effective health planning which includes a
broad range of health services.
(10) "Person" means an individual, a trust or estate, a
partnership, a corporation (including associations, joint stock
companies, and insurance companies), the state, or a political
subdivision or instrumentality of the state, including a municipal corporation or a hospital district.
(11) "Provider" generally means a health care professional or an organization, institution, or other entity providing health care but the precise definition for this term shall be
established by rule of the department, consistent with federal
law.
(12) "Public health" means the level of well-being of the
general population; those actions in a community necessary
to preserve, protect, and promote the health of the people for
which government is responsible; and the governmental system developed to guarantee the preservation of the health of
the people.
(13) "Secretary" means the secretary of health or the secretary’s designee.
(14) "Tertiary health service" means a specialized service that meets complicated medical needs of people and
requires sufficient patient volume to optimize provider effectiveness, quality of service, and improved outcomes of care.
(15) "Hospital" means any health care institution which
is required to qualify for a license under *RCW 70.41.020(2);
or as a psychiatric hospital under chapter 71.12 RCW. [2000
c 175 § 22; 1997 c 210 § 2; 1991 c 158 § 1; 1989 1st ex.s. c 9
§ 602; 1988 c 20 § 1; 1983 1st ex.s. c 41 § 43; 1983 c 235 §
2; 1982 c 119 § 1; 1980 c 139 § 2; 1979 ex.s. c 161 § 2.]
*Reviser’s note: RCW 70.41.020 was amended by 2002 c 116 § 2,
changing subsection (2) to subsection (4).
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
70.38.095 Public disclosure. Public accessibility to
records shall be accorded by health systems agencies pursuant to Public Law 93-641 and chapter 42.56 RCW. A health
systems agency shall be considered a "public agency" for the
sole purpose of complying with the public records act, chapter 42.56 RCW. [2005 c 274 § 332; 1979 ex.s. c 161 § 9.]
70.38.095
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
70.38.105 Health services and facilities requiring certificate of need—Fees. (1) The department is authorized and
directed to implement the certificate of need program in this
state pursuant to the provisions of this chapter.
(2) There shall be a state certificate of need program
which is administered consistent with the requirements of
70.38.105
[Title 70 RCW—page 45]
70.38.111
Title 70 RCW: Public Health and Safety
federal law as necessary to the receipt of federal funds by the
state.
(3) No person shall engage in any undertaking which is
subject to certificate of need review under subsection (4) of
this section without first having received from the department
either a certificate of need or an exception granted in accordance with this chapter.
(4) The following shall be subject to certificate of need
review under this chapter:
(a) The construction, development, or other establishment of a new health care facility;
(b) The sale, purchase, or lease of part or all of any existing hospital as defined in RCW 70.38.025;
(c) Any capital expenditure for the construction, renovation, or alteration of a nursing home which substantially
changes the services of the facility after January 1, 1981, provided that the substantial changes in services are specified by
the department in rule;
(d) Any capital expenditure for the construction, renovation, or alteration of a nursing home which exceeds the
expenditure minimum as defined by RCW 70.38.025. However, a capital expenditure which is not subject to certificate
of need review under (a), (b), (c), or (e) of this subsection and
which is solely for any one or more of the following is not
subject to certificate of need review:
(i) Communications and parking facilities;
(ii) Mechanical, electrical, ventilation, heating, and air
conditioning systems;
(iii) Energy conservation systems;
(iv) Repairs to, or the correction of, deficiencies in existing physical plant facilities which are necessary to maintain
state licensure, however, other additional repairs, remodeling, or replacement projects that are not related to one or
more deficiency citations and are not necessary to maintain
state licensure are not exempt from certificate of need review
except as otherwise permitted by (d)(vi) of this subsection or
RCW 70.38.115(13);
(v) Acquisition of equipment, including data processing
equipment, which is not or will not be used in the direct provision of health services;
(vi) Construction or renovation at an existing nursing
home which involves physical plant facilities, including
administrative, dining areas, kitchen, laundry, therapy areas,
and support facilities, by an existing licensee who has operated the beds for at least one year;
(vii) Acquisition of land; and
(viii) Refinancing of existing debt;
(e) A change in bed capacity of a health care facility
which increases the total number of licensed beds or redistributes beds among acute care, nursing home care, and
boarding home care if the bed redistribution is to be effective
for a period in excess of six months, or a change in bed capacity of a rural health care facility licensed under RCW
70.175.100 that increases the total number of nursing home
beds or redistributes beds from acute care or boarding home
care to nursing home care if the bed redistribution is to be
effective for a period in excess of six months. A health care
facility certified as a critical access hospital under 42 U.S.C.
1395i-4 may increase its total number of licensed beds to the
total number of beds permitted under 42 U.S.C. 1395i-4 for
acute care and may redistribute beds permitted under 42
[Title 70 RCW—page 46]
U.S.C. 1395i-4 among acute care and nursing home care
without being subject to certificate of need review. If there is
a nursing home licensed under chapter 18.51 RCW within
twenty-seven miles of the critical access hospital, the critical
access hospital is subject to certificate of need review except
for:
(i) Critical access hospitals which had designated beds to
provide nursing home care, in excess of five swing beds,
prior to December 31, 2003; or
(ii) Up to five swing beds.
Critical access hospital beds not subject to certificate of
need review under this subsection (4)(e) will not be counted
as either acute care or nursing home care for certificate of
need review purposes. If a health care facility ceases to be
certified as a critical access hospital under 42 U.S.C. 1395i-4,
the hospital may revert back to the type and number of
licensed hospital beds as it had when it requested critical
access hospital designation;
(f) Any new tertiary health services which are offered in
or through a health care facility or rural health care facility
licensed under RCW 70.175.100, and which were not offered
on a regular basis by, in, or through such health care facility
or rural health care facility within the twelve-month period
prior to the time such services would be offered;
(g) Any expenditure for the construction, renovation, or
alteration of a nursing home or change in nursing home services in excess of the expenditure minimum made in preparation for any undertaking under subsection (4) of this section
and any arrangement or commitment made for financing such
undertaking. Expenditures of preparation shall include
expenditures for architectural designs, plans, working drawings, and specifications. The department may issue certificates of need permitting predevelopment expenditures, only,
without authorizing any subsequent undertaking with respect
to which such predevelopment expenditures are made; and
(h) Any increase in the number of dialysis stations in a
kidney disease center.
(5) The department is authorized to charge fees for the
review of certificate of need applications and requests for
exemptions from certificate of need review. The fees shall be
sufficient to cover the full cost of review and exemption,
which may include the development of standards, criteria,
and policies.
(6) No person may divide a project in order to avoid
review requirements under any of the thresholds specified in
this section. [2004 c 261 § 6; 1996 c 50 § 1; 1992 c 27 § 1;
1991 sp.s. c 8 § 4; 1989 1st ex.s. c 9 § 603; 1984 c 288 § 21;
1983 c 235 § 7; 1982 c 119 § 2; 1980 c 139 § 7; 1979 ex.s. c
161 § 10.]
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
Severability—1984 c 288: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 288 § 27.]
Effective date—1980 c 139: See RCW 70.38.916.
Effective dates—1979 ex.s. c 161: See RCW 70.38.915.
70.38.111
70.38.111 Certificates of need—Exemptions. (1) The
department shall not require a certificate of need for the offering of an inpatient tertiary health service by:
(2006 Ed.)
Health Planning and Development
(a) A health maintenance organization or a combination
of health maintenance organizations if (i) the organization or
combination of organizations has, in the service area of the
organization or the service areas of the organizations in the
combination, an enrollment of at least fifty thousand individuals, (ii) the facility in which the service will be provided is
or will be geographically located so that the service will be
reasonably accessible to such enrolled individuals, and (iii) at
least seventy-five percent of the patients who can reasonably
be expected to receive the tertiary health service will be individuals enrolled with such organization or organizations in
the combination;
(b) A health care facility if (i) the facility primarily provides or will provide inpatient health services, (ii) the facility
is or will be controlled, directly or indirectly, by a health
maintenance organization or a combination of health maintenance organizations which has, in the service area of the
organization or service areas of the organizations in the combination, an enrollment of at least fifty thousand individuals,
(iii) the facility is or will be geographically located so that the
service will be reasonably accessible to such enrolled individuals, and (iv) at least seventy-five percent of the patients
who can reasonably be expected to receive the tertiary health
service will be individuals enrolled with such organization or
organizations in the combination; or
(c) A health care facility (or portion thereof) if (i) the
facility is or will be leased by a health maintenance organization or combination of health maintenance organizations
which has, in the service area of the organization or the service areas of the organizations in the combination, an enrollment of at least fifty thousand individuals and, on the date the
application is submitted under subsection (2) of this section,
at least fifteen years remain in the term of the lease, (ii) the
facility is or will be geographically located so that the service
will be reasonably accessible to such enrolled individuals,
and (iii) at least seventy-five percent of the patients who can
reasonably be expected to receive the tertiary health service
will be individuals enrolled with such organization;
if, with respect to such offering or obligation by a nursing
home, the department has, upon application under subsection
(2) of this section, granted an exemption from such requirement to the organization, combination of organizations, or
facility.
(2) A health maintenance organization, combination of
health maintenance organizations, or health care facility shall
not be exempt under subsection (1) of this section from
obtaining a certificate of need before offering a tertiary health
service unless:
(a) It has submitted at least thirty days prior to the offering of services reviewable under RCW 70.38.105(4)(d) an
application for such exemption; and
(b) The application contains such information respecting
the organization, combination, or facility and the proposed
offering or obligation by a nursing home as the department
may require to determine if the organization or combination
meets the requirements of subsection (1) of this section or the
facility meets or will meet such requirements; and
(c) The department approves such application. The
department shall approve or disapprove an application for
exemption within thirty days of receipt of a completed application. In the case of a proposed health care facility (or por(2006 Ed.)
70.38.111
tion thereof) which has not begun to provide tertiary health
services on the date an application is submitted under this
subsection with respect to such facility (or portion), the facility (or portion) shall meet the applicable requirements of subsection (1) of this section when the facility first provides such
services. The department shall approve an application submitted under this subsection if it determines that the applicable requirements of subsection (1) of this section are met.
(3) A health care facility (or any part thereof) with
respect to which an exemption was granted under subsection
(1) of this section may not be sold or leased and a controlling
interest in such facility or in a lease of such facility may not
be acquired and a health care facility described in (1)(c)
which was granted an exemption under subsection (1) of this
section may not be used by any person other than the lessee
described in (1)(c) unless:
(a) The department issues a certificate of need approving
the sale, lease, acquisition, or use; or
(b) The department determines, upon application, that (i)
the entity to which the facility is proposed to be sold or
leased, which intends to acquire the controlling interest, or
which intends to use the facility is a health maintenance organization or a combination of health maintenance organizations which meets the requirements of (1)(a)(i), and (ii) with
respect to such facility, meets the requirements of (1)(a)(ii) or
(iii) or the requirements of (1)(b)(i) and (ii).
(4) In the case of a health maintenance organization, an
ambulatory care facility, or a health care facility, which
ambulatory or health care facility is controlled, directly or
indirectly, by a health maintenance organization or a combination of health maintenance organizations, the department
may under the program apply its certificate of need requirements only to the offering of inpatient tertiary health services
and then only to the extent that such offering is not exempt
under the provisions of this section.
(5)(a) The department shall not require a certificate of
need for the construction, development, or other establishment of a nursing home, or the addition of beds to an existing
nursing home, that is owned and operated by a continuing
care retirement community that:
(i) Offers services only to contractual members;
(ii) Provides its members a contractually guaranteed
range of services from independent living through skilled
nursing, including some assistance with daily living activities;
(iii) Contractually assumes responsibility for the cost of
services exceeding the member’s financial responsibility
under the contract, so that no third party, with the exception
of insurance purchased by the retirement community or its
members, but including the medicaid program, is liable for
costs of care even if the member depletes his or her personal
resources;
(iv) Has offered continuing care contracts and operated a
nursing home continuously since January 1, 1988, or has
obtained a certificate of need to establish a nursing home;
(v) Maintains a binding agreement with the state assuring that financial liability for services to members, including
nursing home services, will not fall upon the state;
(vi) Does not operate, and has not undertaken a project
that would result in a number of nursing home beds in excess
of one for every four living units operated by the continuing
[Title 70 RCW—page 47]
70.38.115
Title 70 RCW: Public Health and Safety
care retirement community, exclusive of nursing home beds;
and
(vii) Has obtained a professional review of pricing and
long-term solvency within the prior five years which was
fully disclosed to members.
(b) A continuing care retirement community shall not be
exempt under this subsection from obtaining a certificate of
need unless:
(i) It has submitted an application for exemption at least
thirty days prior to commencing construction of, is submitting an application for the licensure of, or is commencing
operation of a nursing home, whichever comes first; and
(ii) The application documents to the department that the
continuing care retirement community qualifies for exemption.
(c) The sale, lease, acquisition, or use of part or all of a
continuing care retirement community nursing home that
qualifies for exemption under this subsection shall require
prior certificate of need approval to qualify for licensure as a
nursing home unless the department determines such sale,
lease, acquisition, or use is by a continuing care retirement
community that meets the conditions of (a) of this subsection.
(6) A rural hospital, as defined by the department, reducing the number of licensed beds to become a rural primary
care hospital under the provisions of Part A Title XVIII of the
Social Security Act Section 1820, 42 U.S.C., 1395c et seq.
may, within three years of the reduction of beds licensed
under chapter 70.41 RCW, increase the number of licensed
beds to no more than the previously licensed number without
being subject to the provisions of this chapter.
(7) A rural health care facility licensed under RCW
70.175.100 formerly licensed as a hospital under chapter
70.41 RCW may, within three years of the effective date of
the rural health care facility license, apply to the department
for a hospital license and not be subject to the requirements of
RCW 70.38.105(4)(a) as the construction, development, or
other establishment of a new hospital, provided there is no
increase in the number of beds previously licensed under
chapter 70.41 RCW and there is no redistribution in the number of beds used for acute care or long-term care, the rural
health care facility has been in continuous operation, and the
rural health care facility has not been purchased or leased.
(8)(a) A nursing home that voluntarily reduces the number of its licensed beds to provide assisted living, licensed
boarding home care, adult day care, adult day health, respite
care, hospice, outpatient therapy services, congregate meals,
home health, or senior wellness clinic, or to reduce to one or
two the number of beds per room or to otherwise enhance the
quality of life for residents in the nursing home, may convert
the original facility or portion of the facility back, and
thereby increase the number of nursing home beds to no more
than the previously licensed number of nursing home beds
without obtaining a certificate of need under this chapter,
provided the facility has been in continuous operation and
has not been purchased or leased. Any conversion to the original licensed bed capacity, or to any portion thereof, shall
comply with the same life and safety code requirements as
existed at the time the nursing home voluntarily reduced its
licensed beds; unless waivers from such requirements were
issued, in which case the converted beds shall reflect the con[Title 70 RCW—page 48]
ditions or standards that then existed pursuant to the
approved waivers.
(b) To convert beds back to nursing home beds under
this subsection, the nursing home must:
(i) Give notice of its intent to preserve conversion
options to the department of health no later than thirty days
after the effective date of the license reduction; and
(ii) Give notice to the department of health and to the
department of social and health services of the intent to convert beds back. If construction is required for the conversion
of beds back, the notice of intent to convert beds back must
be given, at a minimum, one year prior to the effective date of
license modification reflecting the restored beds; otherwise,
the notice must be given a minimum of ninety days prior to
the effective date of license modification reflecting the
restored beds. Prior to any license modification to convert
beds back to nursing home beds under this section, the licensee must demonstrate that the nursing home meets the certificate of need exemption requirements of this section.
The term "construction," as used in (b)(ii) of this subsection, is limited to those projects that are expected to equal or
exceed the expenditure minimum amount, as determined
under this chapter.
(c) Conversion of beds back under this subsection must
be completed no later than four years after the effective date
of the license reduction. However, for good cause shown, the
four-year period for conversion may be extended by the
department of health for one additional four-year period.
(d) Nursing home beds that have been voluntarily
reduced under this section shall be counted as available nursing home beds for the purpose of evaluating need under RCW
70.38.115(2) (a) and (k) so long as the facility retains the
ability to convert them back to nursing home use under the
terms of this section.
(e) When a building owner has secured an interest in the
nursing home beds, which are intended to be voluntarily
reduced by the licensee under (a) of this subsection, the applicant shall provide the department with a written statement
indicating the building owner’s approval of the bed reduction. [1997 c 210 § 1; 1995 1st sp.s. c 18 § 71; 1993 c 508 §
5; 1992 c 27 § 2; 1991 c 158 § 2; 1989 1st ex.s. c 9 § 604;
1982 c 119 § 3; 1980 c 139 § 9.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Section captions—Severability—Effective date—1993 c 508: See
RCW 74.39A.900 through 74.39A.903.
70.38.115
70.38.115 Certificates of need—Procedures—
Rules—Criteria for review—Conditional certificates of
need—Concurrent review—Review periods—Hearing—
Adjudicative proceeding—Amended certificates of need.
(1) Certificates of need shall be issued, denied, suspended, or
revoked by the designee of the secretary in accord with the
provisions of this chapter and rules of the department which
establish review procedures and criteria for the certificate of
need program.
(2) Criteria for the review of certificate of need applications, except as provided in subsection (3) of this section for
health maintenance organizations, shall include but not be
limited to consideration of the following:
(2006 Ed.)
Health Planning and Development
(a) The need that the population served or to be served by
such services has for such services;
(b) The availability of less costly or more effective alternative methods of providing such services;
(c) The financial feasibility and the probable impact of
the proposal on the cost of and charges for providing health
services in the community to be served;
(d) In the case of health services to be provided, (i) the
availability of alternative uses of project resources for the
provision of other health services, (ii) the extent to which
such proposed services will be accessible to all residents of
the area to be served, and (iii) the need for and the availability
in the community of services and facilities for osteopathic
physicians and surgeons and allopathic physicians and their
patients. The department shall consider the application in
terms of its impact on existing and proposed institutional
training programs for doctors of osteopathic medicine and
surgery and medicine at the student, internship, and residency
training levels;
(e) In the case of a construction project, the costs and
methods of the proposed construction, including the cost and
methods of energy provision, and the probable impact of the
construction project reviewed (i) on the cost of providing
health services by the person proposing such construction
project and (ii) on the cost and charges to the public of providing health services by other persons;
(f) The special needs and circumstances of osteopathic
hospitals, nonallopathic services and children’s hospitals;
(g) Improvements or innovations in the financing and
delivery of health services which foster cost containment and
serve to promote quality assurance and cost-effectiveness;
(h) In the case of health services proposed to be provided, the efficiency and appropriateness of the use of existing services and facilities similar to those proposed;
(i) In the case of existing services or facilities, the quality
of care provided by such services or facilities in the past;
(j) In the case of hospital certificate of need applications,
whether the hospital meets or exceeds the regional average
level of charity care, as determined by the secretary; and
(k) In the case of nursing home applications:
(i) The availability of other nursing home beds in the
planning area to be served; and
(ii) The availability of other services in the community to
be served. Data used to determine the availability of other
services will include but not be limited to data provided by
the department of social and health services.
(3) A certificate of need application of a health maintenance organization or a health care facility which is controlled, directly or indirectly, by a health maintenance organization, shall be approved by the department if the department
finds:
(a) Approval of such application is required to meet the
needs of the members of the health maintenance organization
and of the new members which such organization can reasonably be expected to enroll; and
(b) The health maintenance organization is unable to
provide, through services or facilities which can reasonably
be expected to be available to the organization, its health services in a reasonable and cost-effective manner which is consistent with the basic method of operation of the organization
and which makes such services available on a long-term basis
(2006 Ed.)
70.38.115
through physicians and other health professionals associated
with it.
A health care facility, or any part thereof, with respect to
which a certificate of need was issued under this subsection
may not be sold or leased and a controlling interest in such
facility or in a lease of such facility may not be acquired
unless the department issues a certificate of need approving
the sale, acquisition, or lease.
(4) Until the final expiration of the state health plan as
provided under RCW 70.38.919, the decision of the department on a certificate of need application shall be consistent
with the state health plan in effect, except in emergency circumstances which pose a threat to the public health. The
department in making its final decision may issue a conditional certificate of need if it finds that the project is justified
only under specific circumstances. The conditions shall
directly relate to the project being reviewed. The conditions
may be released if it can be substantiated that the conditions
are no longer valid and the release of such conditions would
be consistent with the purposes of this chapter.
(5) Criteria adopted for review in accordance with subsection (2) of this section may vary according to the purpose
for which the particular review is being conducted or the type
of health service reviewed.
(6) The department shall specify information to be
required for certificate of need applications. Within fifteen
days of receipt of the application, the department shall
request additional information considered necessary to the
application or start the review process. Applicants may
decline to submit requested information through written
notice to the department, in which case review starts on the
date of receipt of the notice. Applications may be denied or
limited because of failure to submit required and necessary
information.
(7) Concurrent review is for the purpose of comparative
analysis and evaluation of competing or similar projects in
order to determine which of the projects may best meet identified needs. Categories of projects subject to concurrent
review include at least new health care facilities, new services, and expansion of existing health care facilities. The
department shall specify time periods for the submission of
applications for certificates of need subject to concurrent
review, which shall not exceed ninety days. Review of concurrent applications shall start fifteen days after the conclusion of the time period for submission of applications subject
to concurrent review. Concurrent review periods shall be limited to one hundred fifty days, except as provided for in rules
adopted by the department authorizing and limiting amendment during the course of the review, or for an unresolved
pivotal issue declared by the department.
(8) Review periods for certificate of need applications
other than those subject to concurrent review shall be limited
to ninety days. Review periods may be extended up to thirty
days if needed by a review agency, and for unresolved pivotal
issues the department may extend up to an additional thirty
days. A review may be extended in any case if the applicant
agrees to the extension.
(9) The department or its designee, shall conduct a public
hearing on a certificate of need application if requested unless
the review is expedited or subject to emergency review. The
department by rule shall specify the period of time within
[Title 70 RCW—page 49]
70.38.118
Title 70 RCW: Public Health and Safety
which a public hearing must be requested and requirements
related to public notice of the hearing, procedures, recordkeeping and related matters.
(10)(a) Any applicant denied a certificate of need or
whose certificate of need has been suspended or revoked has
the right to an adjudicative proceeding. The proceeding is
governed by chapter 34.05 RCW, the Administrative Procedure Act.
(b) Any health care facility or health maintenance organization that: (i) Provides services similar to the services provided by the applicant and under review pursuant to this subsection; (ii) is located within the applicant’s health service
area; and (iii) testified or submitted evidence at a public hearing held pursuant to subsection (9) of this section, shall be
provided an opportunity to present oral or written testimony
and argument in a proceeding under this subsection: PROVIDED, That the health care facility or health maintenance
organization had, in writing, requested to be informed of the
department’s decisions.
(c) If the department desires to settle with the applicant
prior to the conclusion of the adjudicative proceeding, the
department shall so inform the health care facility or health
maintenance organization and afford them an opportunity to
comment, in advance, on the proposed settlement.
(11) An amended certificate of need shall be required for
the following modifications of an approved project:
(a) A new service requiring review under this chapter;
(b) An expansion of a service subject to review beyond
that originally approved;
(c) An increase in bed capacity;
(d) A significant reduction in the scope of a nursing
home project without a commensurate reduction in the cost
of the nursing home project, or a cost increase (as represented
in bids on a nursing home construction project or final cost
estimates acceptable to the person to whom the certificate of
need was issued) if the total of such increases exceeds twelve
percent or fifty thousand dollars, whichever is greater, over
the maximum capital expenditure approved. The review of
reductions or cost increases shall be restricted to the continued conformance of the nursing home project with the review
criteria pertaining to financial feasibility and cost containment.
(12) An application for a certificate of need for a nursing
home capital expenditure which is determined by the department to be required to eliminate or prevent imminent safety
hazards or correct violations of applicable licensure and
accreditation standards shall be approved.
(13)(a) Replacement of existing nursing home beds in
the same planning area by an existing licensee who has operated the beds for at least one year shall not require a certificate of need under this chapter. The licensee shall give written notice of its intent to replace the existing nursing home
beds to the department and shall provide the department with
information as may be required pursuant to rule. Replacement of the beds by a party other than the licensee is subject
to certificate of need review under this chapter, except as otherwise permitted by subsection (14) of this section.
(b) When an entire nursing home ceases operation, the
licensee or any other party who has secured an interest in the
beds may reserve his or her interest in the beds for eight years
or until a certificate of need to replace them is issued, which[Title 70 RCW—page 50]
ever occurs first. However, the nursing home, licensee, or any
other party who has secured an interest in the beds must give
notice of its intent to retain the beds to the department of
health no later than thirty days after the effective date of the
facility’s closure. Certificate of need review shall be required
for any party who has reserved the nursing home beds except
that the need criteria shall be deemed met when the applicant
is the licensee who had operated the beds for at least one year,
who has operated the beds for at least one year immediately
preceding the reservation of the beds, and who is replacing
the beds in the same planning area.
(14) In the event that a licensee, who has provided the
department with notice of his or her intent to replace nursing
home beds under subsection (13)(a) of this section, engages
in unprofessional conduct or becomes unable to practice with
reasonable skill and safety by reason of mental or physical
condition, pursuant to chapter 18.130 RCW, or dies, the
building owner shall be permitted to complete the nursing
home bed replacement project, provided the building owner
has secured an interest in the beds. [1996 c 178 § 22; 1995
1st sp.s. c 18 § 72; 1993 c 508 § 6. Prior: 1989 1st ex.s. c 9 §
605; 1989 c 175 § 126; 1984 c 288 § 22; 1983 c 235 § 8; 1980
c 139 § 8; 1979 ex.s. c 161 § 11.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Section captions—Severability—Effective date—1993 c 508: See
RCW 74.39A.900 through 74.39A.903.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1984 c 288: See note following RCW 70.38.105.
Effective date—1980 c 139: See RCW 70.38.916.
Effective dates—1979 ex.s. c 161: See RCW 70.38.915.
70.38.118
70.38.118 Certificates of need—Applications submitted by hospice agencies. All certificate of need applications
submitted by hospice agencies for the construction, development, or other establishment of a facility to be licensed as
either a hospital under chapter 70.41 RCW or as a nursing
home under chapter 18.51 RCW, for the purpose of operating
the functional equivalent of a hospice care center shall not
require a separate certificate of need for a hospice care center
provided the certificate of need application was declared
complete prior to July 1, 2001, the applicant has been issued
a certificate of need, and has applied for and received an inhome services agency license by July 1, 2002. [2000 c 175 §
23.]
Effective date—2000 c 175: See note following RCW 70.127.010.
70.38.125
70.38.125 Certificates of need—Issuance—Duration—Penalties for violations. (1) A certificate of need
shall be valid for two years. One six-month extension may be
made if it can be substantiated that substantial and continuing
progress toward commencement of the project has been made
as defined by regulations to be adopted pursuant to this chapter.
(2) A project for which a certificate of need has been
issued shall be commenced during the validity period for the
certificate of need.
(3) The department shall monitor the approved projects
to assure conformance with certificates of need that have
(2006 Ed.)
Health Planning and Development
been issued. Rules and regulations adopted shall specify
when changes in the project require reevaluation of the
project. The department may require applicants to submit
periodic progress reports on approved projects or other information as may be necessary to effectuate its monitoring
responsibilities.
(4) The secretary, in the case of a new health facility,
shall not issue any license unless and until a prior certificate
of need shall have been issued by the department for the
offering or development of such new health facility.
(5) Any person who engages in any undertaking which
requires certificate of need review without first having
received from the department either a certificate of need or an
exception granted in accordance with this chapter shall be liable to the state in an amount not to exceed one hundred dollars a day for each day of such unauthorized offering or
development. Such amounts of money shall be recoverable in
an action brought by the attorney general on behalf of the
state in the superior court of any county in which the unauthorized undertaking occurred. Any amounts of money so
recovered by the attorney general shall be deposited in the
state general fund.
(6) The department may bring any action to enjoin a violation or the threatened violation of the provisions of this
chapter or any rules and regulations adopted pursuant to this
chapter, or may bring any legal proceeding authorized by
law, including but not limited to the special proceedings
authorized in Title 7 RCW, in the superior court in the county
in which such violation occurs or is about to occur, or in the
superior court of Thurston county. [1989 1st ex.s. c 9 § 606;
1983 c 235 § 9; 1980 c 139 § 10; 1979 ex.s. c 161 § 12.]
Effective date—1980 c 139: See RCW 70.38.916.
Effective date—1979 ex.s. c 161: See RCW 70.38.915.
70.38.135
70.38.135 Services and surveys—Rules. The secretary
shall have authority to:
(1) Provide when needed temporary or intermittent services of experts or consultants or organizations thereof, by
contract, when such services are to be performed on a part
time or fee-for-service basis;
(2) Make or cause to be made such on-site surveys of
health care or medical facilities as may be necessary for the
administration of the certificate of need program;
(3) Upon review of recommendations, if any, from the
board of health:
(a) Promulgate rules under which health care facilities
providers doing business within the state shall submit to the
department such data related to health and health care as the
department finds necessary to the performance of its functions under this chapter;
(b) Promulgate rules pertaining to the maintenance and
operation of medical facilities which receive federal assistance under the provisions of Title XVI;
(c) Promulgate rules in implementation of the provisions
of this chapter, including the establishment of procedures for
public hearings for predecisions and post-decisions on applications for certificate of need;
(d) Promulgate rules providing circumstances and procedures of expedited certificate of need review if there has not
been a significant change in existing health facilities of the
(2006 Ed.)
70.38.220
same type or in the need for such health facilities and services;
(4) Grant allocated state funds to qualified entities, as
defined by the department, to fund not more than seventyfive percent of the costs of regional planning activities,
excluding costs related to review of applications for certificates of need, provided for in this chapter or approved by the
department; and
(5) Contract with and provide reasonable reimbursement
for qualified entities to assist in determinations of certificates
of need. [1989 1st ex.s. c 9 § 607; 1983 c 235 § 10; 1979 ex.s.
c 161 § 13.]
70.38.155
70.38.155 Certificates of need—Savings—1979 ex.s. c
161. The enactment of this chapter shall not have the effect
of terminating, or in any way modifying the validity of any
certificate of need which shall already have been issued prior
to *the effective date of this act. [1979 ex.s. c 161 § 15.]
*Reviser’s note: For "the effective date of this act," see RCW
70.38.915.
70.38.156
70.38.156 Certificates of need—Savings—1980 c 139.
The enactment of this chapter as amended shall not have the
effect of terminating, or in any way modifying the validity of
any certificate of need which shall already have been issued
prior to *the effective date of this 1980 act. [1980 c 139 §
11.]
*Reviser’s note: For "the effective date of this 1980 act," see RCW
70.38.916.
70.38.157
70.38.157 Certificates of need—Savings—1983 c 235.
The enactment of amendments to chapter 70.38 RCW by
chapter 235, Laws of 1983 shall not have the effect of terminating or in any way modifying the validity of a certificate of
need which was issued prior to *the effective date of this
1983 act. [1983 c 235 § 11.]
*Reviser’s note: "the effective date of this 1983 act" [1983 c 235] for
sections 16 and 17 of that act was May 17, 1983. For all other sections of that
act the effective date was July 24, 1983.
70.38.158
70.38.158 Certificates of need—Savings—1989 1st
ex.s. c 9 §§ 601 through 607. The enactment of *sections
601 through 607 of this act shall not have the effect of terminating, or in any way modifying, the validity of any certificate of need which shall already have been issued prior to
July 1, 1989. [1989 1st ex.s. c 9 § 608.]
*Reviser’s note: "Sections 601 through 607 of this act" consist of the
1989 1st ex.s. c 9 amendments to RCW 70.38.015, 70.38.025, 70.38.105,
70.38.111, 70.38.115, 70.38.125, and 70.38.135.
70.38.220
70.38.220 Ethnic minorities—Nursing home beds
that reflect cultural differences. (1) The legislature recognizes that in this state ethnic minorities currently use nursing
home care at a lower rate than the general population. The
legislature also recognizes and supports the federal mandate
that nursing homes receiving federal funds provide residents
with a homelike environment. The legislature finds that certain ethnic minorities have special cultural, language, dietary,
and other needs not generally met by existing nursing homes
which are intended to serve the general population. Accordingly, the legislature further finds that there is a need to foster
[Title 70 RCW—page 51]
70.38.230
Title 70 RCW: Public Health and Safety
the development of nursing homes designed to serve the special cultural, language, dietary, and other needs of ethnic
minorities.
(2) The department shall establish a separate pool of no
more than two hundred fifty beds for nursing homes designed
to serve the special needs of ethnic minorities. The pool shall
be made up of nursing home beds that become available on or
after March 15, 1991, due to:
(a) Loss of license or reduction in licensed bed capacity
if the beds are not otherwise obligated for replacement; or
(b) Expiration of a certificate of need.
(3) The department shall develop procedures for the fair
and efficient award of beds from the special pool. In making
its decisions regarding the award of beds from the pool, the
department shall consider at least the following:
(a) The relative degree to which the long-term care needs
of an ethnic minority are not otherwise being met;
(b) The percentage of low-income persons who would be
served by the proposed nursing home;
(c) The financial feasibility of the proposed nursing
home; and
(d) The impact of the proposal on the area’s total need
for nursing home beds.
(4) To be eligible to apply for or receive an award of
beds from the special pool, an application must be to build a
new nursing home, or add beds to a nursing home, that:
(a) Will be owned and operated by a nonprofit corporation, and at least fifty percent of the board of directors of the
corporation are members of the ethnic minority the nursing
home is intended to serve;
(b) Will be designed, managed, and administered to
serve the special cultural, language, dietary, and other needs
of an ethnic minority; and
(c) Will not discriminate in admissions against persons
who are not members of the ethnic minority whose special
needs the nursing home is designed to serve.
(5) If a nursing home or portion of a nursing home that is
built as a result of an award from the special pool is sold or
leased within ten years to a party not eligible under subsection (4) of this section:
(a) The purchaser or lessee may not operate those beds as
nursing home beds without first obtaining a certificate of
need for new beds under this chapter; and
(b) The beds that had been awarded from the special pool
shall be returned to the special pool.
(6) The department shall initially award up to one hundred beds before that number of beds are actually in the special pool, provided that the number of beds so awarded are
subtracted from the total of two hundred fifty beds that can be
awarded from the special pool. [1991 c 271 § 1.]
70.38.230 Residential hospice care centers—
Defined—Change in bed capacity—Applicability of chapter. (1) A change in bed capacity at a residential hospice care
center shall not be subject to certificate of need review under
this chapter if the department determined prior to June 1994
that the construction, development, or other establishment of
the residential hospice care center was not subject to certificate of need review under this chapter.
(2) For purposes of this section, a "residential hospice
care center" means any building, facility, place, or equivalent
70.38.230
[Title 70 RCW—page 52]
that opened in December 1996 and is organized, maintained,
and operated specifically to provide beds, accommodations,
facilities, and services over a continuous period of twentyfour hours or more for palliative care of two or more individuals, not related to the operator, who are diagnosed as being
in the latter stages of an advanced disease that is expected to
lead to death. [1998 c 322 § 50.]
Severability—1998 c 322: See RCW 74.46.907.
70.38.250
70.38.250 Redistribution and addition of beds—
Determination. (1) The need for projects identified in
*RCW 70.38.240 shall be determined using the individual
planning area’s estimated nursing home bed need ratio and
includes but is not limited to the following criteria:
(a) The current capacity of nursing homes and other
long-term care services;
(b) The occupancy rates of nursing homes and other
long-term care services over the previous two-year period;
and
(c) The ability of the other long-term care services to
serve all people regardless of payor source.
(2) For the purposes of this section, nursing home beds
include long-term care units or distinct part long-term care
units located in a hospital that is licensed under chapter 70.41
RCW. [1999 c 376 § 2.]
*Reviser’s note: RCW 70.38.240 expired June 30, 2004.
Effective date—1999 c 376: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999."
[1999 c 376 § 4.]
70.38.905
70.38.905 Conflict with federal law—Construction.
In any case where the provisions of this chapter may directly
conflict with federal law, or regulations promulgated thereunder, the federal law shall supersede and be paramount as
necessary to the receipt of federal funds by the state. [1983 c
235 § 12; 1979 ex.s. c 161 § 16.]
70.38.910
70.38.910 Severability—1983 c 235; 1979 ex.s. c 161.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the
chapter or the application of the provision to other persons or
circumstances is not affected. [1983 c 235 § 13; 1979 ex.s. c
161 § 17.]
70.38.911
70.38.911 Severability—1980 c 139. If any provision
of this 1980 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1980 c 139 § 12.]
70.38.912
70.38.912 Severability—1989 1st ex.s. c 9. See RCW
43.70.920.
70.38.914
70.38.914 Pending certificates of need—1983 c 235.
A certificate of need application which was submitted and
declared complete, but upon which final action had not been
taken prior to *the effective date of this act, shall be reviewed
and action taken based on chapter 70.38 RCW, as in effect
(2006 Ed.)
Hospital and Medical Facilities Survey and Construction Act
prior to *the effective date of this act, and the rules adopted
thereunder. [1983 c 235 § 14.]
*Reviser’s note: For "the effective date of this act," see note following
RCW 70.38.157.
70.38.915 Effective dates—Pending certificates of
need—1979 ex.s. c 161. (1) *Sections 10, 11, 12, and 21
shall take effect on January 1, 1980.
(2) Any certificate of need application which was submitted and declared complete, but upon which final action
had not been taken prior to January 1, 1980, shall be reviewed
and action taken based on chapter 70.38 RCW, as in effect
prior to **the effective date of this 1979 act, and the regulations adopted thereunder. [1979 ex.s. c 161 § 19.]
70.38.915
Reviser’s note: *(1) Sections 10, 11, and 12 are codified as RCW
70.38.105, 70.38.115, and 70.38.125. Section 21 was a repealer which
repealed RCW 70.38.020, 70.38.110 through 70.38.190, and 70.38.210.
**(2) The effective date of those remaining sections of 1979 ex.s. c 161
which do not have a specific effective date indicated in this section is September 1, 1979.
70.38.916 Effective date—1980 c 139. *Sections 7, 8,
and 10 of this 1980 act shall take effect January 1, 1981.
[1980 c 139 § 14.]
70.38.916
Reviser’s note: *(1) "Sections 7, 8, and 10 of this 1980 act" consist of
amendments to RCW 70.38.105, 70.38.115, and 70.38.125.
(2) The effective date of those remaining sections of 1980 c 139 is June
12, 1980.
70.38.917 Effective date—1989 1st ex.s. c 9.
RCW 43.70.910.
70.38.917
See
70.40.010
70.40.020
70.40.030
70.40.040
70.40.060
70.40.070
70.40.080
70.40.090
70.40.100
70.40.110
70.40.120
70.40.130
70.40.140
70.40.150
70.40.900
70.40.030
Short title.
Definitions.
Section of hospital and medical facility survey and construction established—Duties.
General duties of the secretary.
Development of program for construction of facilities needed.
Distribution of facilities.
Federal funds—Application for—Deposit, use.
State plan—Publication—Hearing—Approval by surgeon
general—Modifications.
Plan shall provide for construction in order of relative needs.
Minimum standards for maintenance and operation.
Applications for construction projects—Diagnostic, treatment
centers.
Hearing—Approval.
Inspection of project under construction—Certification as to
federal funds due.
Hospital and medical facility construction fund—Deposits,
use.
Severability—1949 c 197.
70.40.005
70.40.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services and the secretary of social and health services under this chapter shall be performed by the department
of health and the secretary of health. [1989 1st ex.s. c 9 §
248.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.40.010 Short title. This chapter may be cited as the
"Washington Hospital and Medical Facilities Survey and
Construction Act." [1959 c 252 § 1; 1949 c 197 § 1; Rem.
Supp. 1949 § 6090-60.]
70.40.010
70.40.020
70.38.918 Effective dates—Pending certificates of
need—1989 1st ex.s. c 9. Any certificate of need application
which was submitted and declared complete, but upon which
final action had not been taken prior to July 1, 1989, shall be
reviewed and action taken based on chapter 70.38 RCW, as in
effect prior to July 1, 1989, and the rules adopted thereunder.
[1989 1st ex.s. c 9 § 609.]
70.38.918
70.38.919 Effective date—State health plan—1989
1st ex.s. c 9. For the purpose of supporting the certificate of
need process, the state health plan developed in accordance
with *RCW 70.38.065 and in effect on July 1, 1989, shall
remain effective until June 30, 1990, or until superseded by
rules adopted by the department of health for this purpose.
The governor may amend the state health plan, as the governor finds appropriate, until the final expiration of the plan.
[1989 1st ex.s. c 9 § 610.]
70.38.919
*Reviser’s note: RCW 70.38.065 was repealed by 1989 1st ex.s. c 9 §
819, effective July 1, 1989.
70.38.920 Short title. This act may be cited as the
"State Health Planning and Resources Development Act".
[1979 ex.s. c 161 § 22.]
70.38.920
Chapter 70.40 RCW
HOSPITAL AND MEDICAL FACILITIES SURVEY
AND CONSTRUCTION ACT
Chapter 70.40
Sections
70.40.005
(2006 Ed.)
Transfer of duties to the department of health.
70.40.020 Definitions. As used in this chapter:
(1) "Secretary" means the secretary of the state department of health;
(2) "The federal act" means Title VI of the public health
service act, as amended, or as hereafter amended by congress;
(3) "The surgeon general" means the surgeon general of
the public health service of the United States;
(4) "Hospital" includes public health centers and general,
tuberculosis, mental, chronic disease, and other types of hospitals, and related facilities, such as laboratories, outpatient
departments, nurses’ home and training facilities, and central
service facilities operated in connection with hospitals;
(5) "Public health center" means a publicly owned facility for the provision of public health services, including
related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers;
(6) "Nonprofit hospital" and "nonprofit medical facility"
means any hospital or medical facility owned and operated
by a corporation or association, no part of the net earnings of
which inures, or may lawfully inure, to the benefit of any private shareholder or individual;
(7) "Medical facilities" means diagnostic or diagnostic
and treatment centers, rehabilitation facilities and nursing
homes as those terms are defined in the federal act. [1991 c 3
§ 331; 1979 c 141 § 96; 1959 c 252 § 2; 1949 c 197 § 2; Rem.
Supp. 1949 § 6090-61.]
70.40.030 Section of hospital and medical facility survey and construction established—Duties. There is hereby
established in the state department of health a "section of hospital and medical facility survey and construction" which
70.40.030
[Title 70 RCW—page 53]
70.40.040
Title 70 RCW: Public Health and Safety
shall be administered by a full time salaried head under the
supervision and direction of the secretary. The state department of health, through such section, shall constitute the sole
agency of the state for the purpose of:
(1) Making an inventory of existing hospitals and medical facilities, surveying the need for construction of hospitals
and medical facilities, and developing a program of hospital
and medical facility construction; and
(2) Developing and administering a state plan for the
construction of public and other nonprofit hospitals and medical facilities as provided in this chapter. [1991 c 3 § 332;
1979 c 141 § 97; 1959 c 252 § 3; 1949 c 197 § 3; Rem. Supp.
1949 § 6090-62.]
70.40.040
70.40.040 General duties of the secretary. In carrying
out the purposes of the chapter the secretary is authorized and
directed:
(1) To require such reports, make such inspections and
investigations and prescribe such regulations as he deems
necessary;
(2) To provide such methods of administration, appoint a
head and other personnel of the section and take such other
action as may be necessary to comply with the requirements
of the federal act and the regulations thereunder;
(3) To procure in his discretion the temporary or intermittent services of experts or consultants or organizations
thereof, by contract, when such services are to be performed
on a part time or fee for service basis and do not involve the
performance of administrative duties;
(4) To the extent that he considers desirable to effectuate
the purposes of this chapter, to enter into agreements for the
utilization of the facilities and services of other departments,
agencies, and institutions public or private;
(5) To accept on behalf of the state and to deposit with
the state treasurer, any grant, gift, or contribution made to
assist in meeting the cost of carrying out the purposes of this
chapter, and to expend the same for such purpose; and
(6) To make an annual report to the governor on activities pursuant to this chapter, including recommendations for
such additional legislation as the secretary considers appropriate to furnish adequate hospital and medical facilities to
the people of this state. [1979 c 141 § 98; 1977 c 75 § 83;
1959 c 252 § 4; 1949 c 197 § 4; Rem. Supp. 1949 § 6090-63.]
70.40.060
70.40.060 Development of program for construction
of facilities needed. The secretary is authorized and directed
to make an inventory of existing hospitals and medical facilities, including public nonprofit and proprietary hospitals and
medical facilities, to survey the need for construction of hospitals and medical facilities, and, on the basis of such inventory and survey, to develop a program for the construction of
such public and other nonprofit hospitals and medical facilities as will, in conjunction with existing facilities, afford the
necessary physical facilities for furnishing adequate hospital
and medical facility services to all the people of the state.
[1979 c 141 § 99; 1959 c 252 § 6; 1949 c 197 § 6; Rem. Supp.
1949 § 6090-65.]
scribed under the federal act, for adequate hospital and medical facilities for the people residing in this state and insofar
as possible shall provide for their distribution throughout the
state in such manner as to make all types of hospital and medical facility service reasonably accessible to all persons in the
state. [1959 c 252 § 7; 1949 c 197 § 7; Rem. Supp. 1949 §
6090-66.]
70.40.080
70.40.080 Federal funds—Application for—Deposit,
use. The secretary is authorized to make application to the
surgeon general for federal funds to assist in carrying out the
survey and planning activities herein provided. Such funds
shall be deposited with the state treasurer and shall be available to the secretary for expenditure in carrying out the purposes of this part. Any such funds received and not expended
for such purposes shall be repaid to the treasurer of the
United States. [1979 c 141 § 100; 1949 c 197 § 8; Rem.
Supp. 1949 § 6090-67.]
70.40.090
70.40.090 State plan—Publication—Hearing—
Approval by surgeon general—Modifications. The secretary shall prepare and submit to the surgeon general a state
plan which shall include the hospital and medical facility
construction program developed under this chapter and
which shall provide for the establishment, administration,
and operation of hospital and medical facility construction
activities in accordance with the requirements of the federal
act and the regulations thereunder. The secretary shall, prior
to the submission of such plan to the surgeon general, give
adequate publicity to a general description of all the provisions proposed to be included therein, and hold a public hearing at which all persons or organizations with a legitimate
interest in such plan may be given an opportunity to express
their views. After approval of the plan by the surgeon general, the secretary shall publish a general description of the
provisions thereof in at least one newspaper having general
circulation in the state, and shall make the plan, or a copy
thereof, available upon request to all interested persons or
organizations. The secretary shall from time to time review
the hospital and medical facility construction program and
submit to the surgeon general any modifications thereof
which he may find necessary and may submit to the surgeon
general such modifications of the state plan, not inconsistent
with the requirements of the federal act, as he may deem
advisable. [1979 c 141 § 101; 1959 c 252 § 8; 1949 c 197 §
9; Rem. Supp. 1949 § 6090-68.]
70.40.100
70.40.100 Plan shall provide for construction in
order of relative needs. The state plan shall set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed pursuant to the federal act, and provide for the construction, insofar as financial resources available therefor and
for maintenance and operations make possible, in the order of
such relative need. [1949 c 197 § 11; Rem. Supp. 1949 §
6090-70.]
70.40.110
70.40.070
70.40.070 Distribution of facilities. The construction
program shall provide, in accordance with regulations pre[Title 70 RCW—page 54]
70.40.110 Minimum standards for maintenance and
operation. The secretary shall by regulation prescribe minimum standards for the maintenance and operation of hospi(2006 Ed.)
Hospital Licensing and Regulation
tals and medical facilities which receive federal aid for construction under the state plan. [1979 c 141 § 102; 1959 c 252
§ 9; 1949 c 197 § 10; Rem. Supp. 1949 § 6090-69.]
Chapter 70.41
rized agent for such purpose, and warrants therefor shall be
signed by the state treasurer. [1991 c 3 § 333; 1973 c 106 §
31; 1959 c 252 § 11; 1949 c 197 § 15; Rem. Supp. 1949 §
6090-74.]
70.40.120
70.40.120 Applications for construction projects—
Diagnostic, treatment centers. Applications for hospital
and medical facility construction projects for which federal
funds are requested shall be submitted to the secretary and
may be submitted by the state or any political subdivision
thereof or by any public or nonprofit agency authorized to
construct and operate a hospital or medical facility: PROVIDED, That except as may be permitted by federal law no
application for a diagnostic or treatment center shall be
approved unless the applicant is (1) a state, political subdivision, or public agency, or (2) a corporation or association
which owns and operates a nonprofit hospital. Each application for a construction project shall conform to federal and
state requirements. [1979 c 141 § 103; 1959 c 252 § 10; 1949
c 197 § 12; Rem. Supp. 1949 § 6090-71.]
70.40.130
70.40.130 Hearing—Approval. The secretary shall
afford to every applicant for a construction project an opportunity for a fair hearing. If the secretary, after affording reasonable opportunity for development and presentation of
applications in the order of relative need, finds that a project
application complies with the requirements of RCW
70.40.120 and is otherwise in conformity with the state plan,
he shall approve such application and shall recommend and
forward it to the surgeon general. [1979 c 141 § 104; 1949 c
197 § 13; Rem. Supp. 1949 § 6090-72.]
70.40.140
70.40.140 Inspection of project under construction—
Certification as to federal funds due. From time to time the
secretary shall inspect each construction project approved by
the surgeon general, and, if the inspection so warrants, the
secretary shall certify to the surgeon general that work has
been performed upon the project, or purchases have been
made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is
due to the applicant. [1979 c 141 § 105; 1949 c 197 § 14;
Rem. Supp. 1949 § 6090-73.]
70.40.150
70.40.150 Hospital and medical facility construction
fund—Deposits, use. The secretary is hereby authorized to
receive federal funds in behalf of, and transmit them to, such
applicants or to approve applicants for federal funds and
authorize the payment of such funds directly to such applicants as may be allowed by federal law. To achieve that end
there is hereby established, separate and apart from all public
moneys and funds of this state, a trust fund to be known as the
"hospital and medical facility construction fund", of which
the state treasurer shall ex officio be custodian. Moneys
received from the federal government for construction
projects approved by the surgeon general shall be deposited
to the credit of this fund, shall be used solely for payments
due applicants for work performed, or purchases made, in
carrying out approved projects. Vouchers covering all payments from the hospital and medical facility construction
fund shall be prepared by the department of health and shall
bear the signature of the secretary or his or her duly autho(2006 Ed.)
70.40.900 Severability—1949 c 197. If any provision
of this chapter or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not
affect the provisions or applications of this chapter which can
be given effect without the invalid provision or application,
and to this end the provisions of the chapter are declared to be
severable. [1949 c 197 § 16; no RRS.]
70.40.900
Chapter 70.41 RCW
HOSPITAL LICENSING AND REGULATION
Chapter 70.41
Sections
70.41.005
70.41.010
70.41.020
70.41.030
70.41.040
70.41.045
70.41.080
70.41.090
70.41.100
70.41.110
70.41.120
70.41.122
70.41.125
70.41.130
70.41.150
70.41.155
70.41.160
70.41.170
70.41.180
70.41.190
70.41.200
70.41.210
70.41.220
70.41.230
70.41.235
70.41.240
70.41.250
70.41.300
70.41.310
70.41.320
70.41.330
70.41.340
70.41.350
70.41.360
70.41.370
Transfer of duties to the department of health.
Declaration of purpose.
Definitions.
Standards and rules.
Enforcement of chapter—Personnel—Merit system.
Hospital surveys or audits—Frequent problems to be posted
on agency web sites—Hospital evaluation of survey or audit,
form—Notice.
Fire protection.
Hospital license required—Certificate of need required.
Applications for licenses and renewals—Fees.
Licenses, provisional licenses—Issuance, duration, assignment, posting.
Inspection of hospitals—Alterations or additions, new facilities—Coordination with state and local agencies—Notice of
inspection.
Exemption from RCW 70.41.120 for hospitals accredited by
the joint commission on the accreditation of health care organizations or the American osteopathic association.
Hospital construction review process—Coordination with
state and local agencies.
Denial, suspension, revocation, modification of license—Procedure.
Denial, suspension, revocation of license—Disclosure of
information.
Duty to investigate patient well-being.
Remedies available to department—Duty of attorney general.
Operating or maintaining unlicensed hospital or unapproved
tertiary health service—Penalty.
Physicians’ services.
Medical records of patients—Retention and preservation.
Quality improvement and medical malpractice prevention program—Quality improvement committee—Sanction and
grievance procedures—Information collection, reporting,
and sharing.
Duty to report restrictions on health care practitioners’ privileges based on unprofessional conduct—Penalty.
Duty to keep records of restrictions on practitioners’ privileges—Penalty.
Duty of hospital to request information on physicians granted
privileges.
Doctor of osteopathic medicine and surgery—Discrimination
based on board certification is prohibited.
Information regarding conversion of hospitals to nonhospital
health care facilities.
Cost disclosure to health care providers.
Long-term care—Definitions.
Long-term care—Program information to be provided to hospitals—Information on options to be provided to patients.
Long-term care—Patient discharge requirements for hospitals
and acute care facilities—Pilot projects.
Hospital complaint toll-free telephone number.
Investigation of hospital complaints—Rules.
Emergency care provided to victims of sexual assault—Development of informational materials on emergency contraception—Rules.
Emergency care provided to victims of sexual assault—
Department to respond to violations—Task force.
Investigation of complaints of violations concerning nursing
technicians.
[Title 70 RCW—page 55]
70.41.005
70.41.380
70.41.390
70.41.400
70.41.900
Title 70 RCW: Public Health and Safety
Notice of unanticipated outcomes.
Safe patient handling.
Patient billing—Written statement describing who may be
billing the patient required—Contact phone numbers—
Exceptions.
Severability—1955 c 267.
Actions for negligence against hospitals, evidence and proof required to prevail: RCW 4.24.290.
Employment of dental hygienist without supervision of dentist authorized:
RCW 18.29.056.
Hospitals, hospital personnel, actions against, limitation of: RCW 4.16.350.
Identification of potential anatomical parts donors—Hospital procedures:
RCW 68.50.500.
Immunity from civil liability for certain types of medical care: RCW
4.24.300, 18.71.220.
Labor regulations, collective bargaining—Health care activities: Chapter
49.66 RCW.
Records of hospital committee or board, immunity from process: RCW
4.24.250.
Standards and procedures for hospital staff membership or privileges:
Chapter 70.43 RCW.
70.41.005
70.41.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services under this chapter shall be performed by
the department of health. [1989 1st ex.s. c 9 § 249.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.41.010
70.41.010 Declaration of purpose. The primary purpose of this chapter is to promote safe and adequate care of
individuals in hospitals through the development, establishment and enforcement of minimum hospital standards for
maintenance and operation. To accomplish these purposes,
this chapter provides for:
(1) The licensing and inspection of hospitals;
(2) The establishment of a Washington state hospital
advisory council;
(3) The establishment by the department of standards,
rules and regulations for the construction, maintenance and
operation of hospitals;
(4) The enforcement by the department of the standards,
rules, and regulations established under this chapter. [1985 c
213 § 15; 1979 c 141 § 106; 1955 c 267 § 1.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.020
70.41.020 Definitions. Unless the context clearly indicates otherwise, the following terms, whenever used in this
chapter, shall be deemed to have the following meanings:
(1) "Department" means the Washington state department of health.
(2) "Emergency care to victims of sexual assault" means
medical examinations, procedures, and services provided by
a hospital emergency room to a victim of sexual assault following an alleged sexual assault.
(3) "Emergency contraception" means any health care
treatment approved by the food and drug administration that
prevents pregnancy, including but not limited to administering two increased doses of certain oral contraceptive pills
within seventy-two hours of sexual contact.
(4) "Hospital" means any institution, place, building, or
agency which provides accommodations, facilities and ser[Title 70 RCW—page 56]
vices over a continuous period of twenty-four hours or more,
for observation, diagnosis, or care, of two or more individuals
not related to the operator who are suffering from illness,
injury, deformity, or abnormality, or from any other condition for which obstetrical, medical, or surgical services would
be appropriate for care or diagnosis. "Hospital" as used in this
chapter does not include hotels, or similar places furnishing
only food and lodging, or simply domiciliary care; nor does it
include clinics, or physician’s offices where patients are not
regularly kept as bed patients for twenty-four hours or more;
nor does it include nursing homes, as defined and which
come within the scope of chapter 18.51 RCW; nor does it
include birthing centers, which come within the scope of
chapter 18.46 RCW; nor does it include psychiatric hospitals,
which come within the scope of chapter 71.12 RCW; nor any
other hospital, or institution specifically intended for use in
the diagnosis and care of those suffering from mental illness,
mental retardation, convulsive disorders, or other abnormal
mental condition. Furthermore, nothing in this chapter or the
rules adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial
care or treatment of residents or patients in any hospital conducted for those who rely primarily upon treatment by prayer
or spiritual means in accordance with the creed or tenets of
any well recognized church or religious denominations.
(5) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
and the legal successor thereof.
(6) "Secretary" means the secretary of health.
(7) "Sexual assault" has the same meaning as in RCW
70.125.030.
(8) "Victim of sexual assault" means a person who
alleges or is alleged to have been sexually assaulted and who
presents as a patient. [2002 c 116 § 2; 1991 c 3 § 334; 1985
c 213 § 16; 1971 ex.s. c 189 § 8; 1955 c 267 § 2.]
Findings—2002 c 116: See note following RCW 70.41.350.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.030 Standards and rules. The department shall
establish and adopt such minimum standards and rules pertaining to the construction, maintenance, and operation of
hospitals, and rescind, amend, or modify such rules from time
to time, as are necessary in the public interest, and particularly for the establishment and maintenance of standards of
hospitalization required for the safe and adequate care and
treatment of patients. To the extent possible, the department
shall endeavor to make such minimum standards and rules
consistent in format and general content with the applicable
hospital survey standards of the joint commission on the
accreditation of health care organizations. The department
shall adopt standards that are at least equal to recognized
applicable national standards pertaining to medical gas piping systems. [1995 c 282 § 1; 1989 c 175 § 127; 1985 c 213
§ 17; 1971 ex.s. c 189 § 9; 1955 c 267 § 3.]
70.41.030
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.040 Enforcement of chapter—Personnel—
Merit system. The enforcement of the provisions of this
70.41.040
(2006 Ed.)
Hospital Licensing and Regulation
chapter and the standards, rules and regulations established
under this chapter, shall be the responsibility of the department which shall cooperate with the joint commission on the
accreditation of health care organizations. The department
shall advise on the employment of personnel and the personnel shall be under the merit system or its successor. [1995 c
282 § 3; 1985 c 213 § 18; 1955 c 267 § 4.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.045 Hospital surveys or audits—Frequent
problems to be posted on agency web sites—Hospital
evaluation of survey or audit, form—Notice. (1) Unless
the context clearly requires otherwise, the definitions in this
subsection apply throughout this section.
(a) "Agency" means a department of state government
created under RCW 43.17.010 and the office of the state
auditor.
(b) "Audit" means an examination of records or financial
accounts to evaluate accuracy and monitor compliance with
statutory or regulatory requirements.
(c) "Hospital" means a hospital licensed under chapter
70.41 RCW.
(d) "Survey" means an inspection, examination, or site
visit conducted by an agency to evaluate and monitor the
compliance of a hospital or hospital services or facilities with
statutory or regulatory requirements.
(2) By July 1, 2004, each state agency which conducts
hospital surveys or audits shall post to its agency web site a
list of the most frequent problems identified in its hospital
surveys or audits along with information on how to avoid or
address the identified problems, and a person within the
agency that a hospital may contact with questions or for further assistance.
(3) By July 1, 2004, the department of health, in cooperation with other state agencies which conduct hospital surveys or audits, shall develop an instrument, to be provided to
every hospital upon completion of a state survey or audit,
which allows the hospital to anonymously evaluate the survey or audit process in terms of quality, efficacy, and the
extent to which it supported improved patient care and compliance with state law without placing an unnecessary administrative burden on the hospital. The evaluation may be
returned to the department of health for distribution to the
appropriate agency. The department of health shall annually
compile the evaluations in a report to the legislature.
(4) Except when responding to complaints or immediate
public health and safety concerns or when such prior notice
would conflict with other state or federal law, any state
agency that provides notice of a hospital survey or audit must
provide such notice to the hospital no less than four weeks
prior to the date of the survey or audit. [2004 c 261 § 2.]
70.41.045
70.41.080
70.41.080 Fire protection. Standards for fire protection and the enforcement thereof, with respect to all hospitals
to be licensed hereunder shall be the responsibility of the
chief of the Washington state patrol, through the director of
fire protection, who shall adopt, after approval by the department, such recognized standards as may be applicable to hospitals for the protection of life against the cause and spread of
fire and fire hazards. Such standards shall be consistent with
(2006 Ed.)
70.41.090
the standards adopted by the federal centers for medicare and
medicaid services for hospitals that care for medicare or medicaid beneficiaries. The department upon receipt of an application for a license, shall submit to the director of fire protection in writing, a request for an inspection, giving the applicant’s name and the location of the premises to be licensed.
Upon receipt of such a request, the chief of the Washington
state patrol, through the director of fire protection, or his or
her deputy, shall make an inspection of the hospital to be
licensed, and if it is found that the premises do not comply
with the required safety standards and fire regulations as
adopted pursuant to this chapter, he or she shall promptly
make a written report to the hospital and to the department
listing the corrective actions required and the time allowed
for accomplishing such corrections. The applicant or licensee shall notify the chief of the Washington state patrol,
through the director of fire protection, upon completion of
any corrections required by him or her, and the chief of the
Washington state patrol, through the director of fire protection, or his or her deputy, shall make a reinspection of such
premises. Whenever the hospital to be licensed meets with
the approval of the chief of the Washington state patrol,
through the director of fire protection, he or she shall submit
to the department a written report approving the hospital with
respect to fire protection, and such report is required before a
full license can be issued. The chief of the Washington state
patrol, through the director of fire protection, shall make or
cause to be made inspections of such hospitals at least once a
year.
In cities which have in force a comprehensive building
code, the provisions of which are determined by the chief of
the Washington state patrol, through the director of fire protection, to be equal to the minimum standards of the code for
hospitals adopted by the chief of the Washington state patrol,
through the director of fire protection, the chief of the fire
department, provided the latter is a paid chief of a paid fire
department, shall make the inspection with the chief of the
Washington state patrol, through the director of fire protection, or his or her deputy and they shall jointly approve the
premises before a full license can be issued. [2004 c 261 § 3;
1995 c 369 § 40; 1986 c 266 § 94; 1985 c 213 § 19; 1955 c
267 § 8.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
State fire protection: Chapter 43.44 RCW.
70.41.090
70.41.090 Hospital license required—Certificate of
need required. (1) No person or governmental unit of the
state of Washington, acting separately or jointly with any
other person or governmental unit, shall establish, maintain,
or conduct a hospital in this state, or use the word "hospital"
to describe or identify an institution, without a license under
this chapter: PROVIDED, That the provisions of this section
shall not apply to state mental institutions and psychiatric
hospitals which come within the scope of chapter 71.12
RCW.
(2) After June 30, 1989, no hospital shall initiate a tertiary health service as defined in RCW 70.38.025(14) unless
[Title 70 RCW—page 57]
70.41.100
Title 70 RCW: Public Health and Safety
it has received a certificate of need as provided in RCW
70.38.105 and 70.38.115.
(3) A rural health care facility licensed under RCW
70.175.100 formerly licensed as a hospital under this chapter
may, within three years of the effective date of the rural
health care facility license, apply to the department for a hospital license and not be required to meet certificate of need
requirements under chapter 70.38 RCW as a new health care
facility and not be required to meet new construction requirements as a new hospital under this chapter. These exceptions
are subject to the following: The facility at the time of initial
conversion was considered by the department to be in compliance with the hospital licensing rules and the condition of
the physical plant and equipment is equal to or exceeds the
level of compliance that existed at the time of conversion to a
rural health care facility. The department shall inspect and
determine compliance with the hospital rules prior to reissuing a hospital license.
A rural hospital, as defined by the department, reducing
the number of licensed beds to become a rural primary care
hospital under the provisions of Part A Title XVIII of the
Social Security Act Section 1820, 42 U.S.C., 1395c et seq.
may, within three years of the reduction of licensed beds,
increase the number of beds licensed under this chapter to no
more than the previously licensed number of beds without
being subject to the provisions of chapter 70.38 RCW and
without being required to meet new construction requirements under this chapter. These exceptions are subject to the
following: The facility at the time of the reduction in
licensed beds was considered by the department to be in compliance with the hospital licensing rules and the condition of
the physical plant and equipment is equal to or exceeds the
level of compliance that existed at the time of the reduction in
licensed beds. The department may inspect and determine
compliance with the hospital rules prior to increasing the hospital license. [1992 c 27 § 3; 1989 1st ex.s. c 9 § 611; 1955 c
267 § 9.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.41.100
70.41.100 Applications for licenses and renewals—
Fees. An application for license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires which may
include affirmative evidence of ability to comply with the
standards, rules, and regulations as are lawfully prescribed
hereunder. An application for renewal of license shall be
made to the department upon forms provided by it and submitted thirty days prior to the date of expiration of the license.
Each application for a license or renewal thereof by a hospital
as defined by this chapter shall be accompanied by a fee as
established by the department under RCW 43.20B.110.
[1987 c 75 § 8; 1982 c 201 § 9; 1955 c 267 § 10.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
standards, rules and regulations established by the department. All licenses issued under the provisions of this chapter
shall expire on a date to be set by the department: PROVIDED, That no license issued pursuant to this chapter shall
exceed thirty-six months in duration. Each license shall be
issued only for the premises and persons named in the application, and no license shall be transferable or assignable
except with the written approval of the department. Licenses
shall be posted in a conspicuous place on the licensed premises.
If there be a failure to comply with the provisions of this
chapter or the standards, rules and regulations promulgated
pursuant thereto, the department may in its discretion issue to
an applicant for a license, or for the renewal of a license, a
provisional license which will permit the operation of the
hospital for a period to be determined by the department.
[1985 c 213 § 20; 1982 c 201 § 12; 1971 ex.s. c 247 § 3; 1955
c 267 § 11.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.120
70.41.120 Inspection of hospitals—Alterations or
additions, new facilities—Coordination with state and
local agencies—Notice of inspection. The department shall
make or cause to be made an inspection of all hospitals on
average at least every eighteen months. Every inspection of
a hospital may include an inspection of every part of the premises. The department may make an examination of all
phases of the hospital operation necessary to determine compliance with the law and the standards, rules and regulations
adopted thereunder. Any licensee or applicant desiring to
make alterations or additions to its facilities or to construct
new facilities shall, before commencing such alteration, addition or new construction, comply with the regulations prescribed by the department.
No hospital licensed pursuant to the provisions of this
chapter shall be required to be inspected or licensed under
other state laws or rules and regulations promulgated thereunder, or local ordinances, relative to hotels, restaurants,
lodging houses, boarding houses, places of refreshment,
nursing homes, maternity homes, or psychiatric hospitals.
To avoid unnecessary duplication in inspections, the
department shall coordinate with the department of social and
health services, the office of the state fire marshal, and local
agencies when inspecting facilities over which each agency
has jurisdiction, the facilities including but not necessarily
being limited to hospitals with both acute care and skilled
nursing or psychiatric nursing functions. The department
shall notify the office of the state fire marshal and the relevant local agency at least four weeks prior to any inspection
conducted under this section and invite their attendance at the
inspection, and shall provide a copy of its inspection report to
each agency upon completion. [2005 c 447 § 1; 2004 c 261 §
4; 1995 c 282 § 4; 1985 c 213 § 21; 1955 c 267 § 12.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.110
70.41.110 Licenses, provisional licenses—Issuance,
duration, assignment, posting. Upon receipt of an application for license and the license fee, the department shall issue
a license or a provisional license if the applicant and the hospital facilities meet the requirements of this chapter and the
[Title 70 RCW—page 58]
70.41.122
70.41.122 Exemption from RCW 70.41.120 for hospitals accredited by the joint commission on the accreditation of health care organizations or the American osteopathic association. Surveys conducted by the joint commis(2006 Ed.)
Hospital Licensing and Regulation
sion on the accreditation of health care organizations or the
American osteopathic association on hospitals accredited by
those bodies shall be deemed equivalent to a department survey for purposes of meeting the requirements for the survey
specified in RCW 70.41.120 if the department determines
that the applicable survey standards of the joint commission
on the accreditation of health care organizations or the American osteopathic association are substantially equivalent to its
own.
(1) Hospitals so surveyed shall provide to the department
within thirty days of learning the result of a survey documentary evidence that the hospital has been certified as a result of
a survey and the date of the survey.
(2) Hospitals shall make available to department surveyors the written reports of such surveys during department surveys, upon request. [2005 c 447 § 2; 1999 c 41 § 1; 1995 c
282 § 6.]
70.41.190
(3) Information about complaints that did not warrant an
investigation shall not be disclosed except to notify the hospital and the complainant that the complaint did not warrant
an investigation. If requested, the individual complainant
shall receive information on other like complaints that have
been reported against the hospital; and
(4) Information disclosed pursuant to this section shall
not disclose individual names. [2005 c 274 § 333; 2000 c 6 §
1; 1985 c 213 § 24; 1955 c 267 § 15.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.155
70.41.155 Duty to investigate patient well-being. Any
complaint against a hospital and event notification required
by the department that concerns patient well-being shall be
investigated. [2000 c 6 § 2.]
70.41.125
70.41.125 Hospital construction review process—
Coordination with state and local agencies. (1) The
department shall coordinate its hospital construction review
process with other state and local agencies having similar
review responsibilities, including the department of labor and
industries, the office of the state fire marshal, and local building and fire officials. Inconsistencies or conflicts among the
agencies shall be identified and eliminated. The department
shall provide local agencies with relevant information
derived from its construction review process.
(2) By September 1, 2004, the department shall report to
the legislature regarding its implementation of subsection (1)
of this section. [2004 c 261 § 5.]
70.41.130
70.41.160
70.41.160 Remedies available to department—Duty
of attorney general. Notwithstanding the existence or pursuit of any other remedy, the department may, in the manner
provided by law, upon the advice of the attorney general who
shall represent the department in the proceedings, maintain
an action in the name of the state for an injunction or other
process against any person or governmental unit to restrain or
prevent the establishment, conduct, or operation of a hospital
without a license under this law. [1985 c 213 § 25; 1955 c
267 § 16.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.170
70.41.130 Denial, suspension, revocation, modification of license—Procedure. The department is authorized to
deny, suspend, revoke, or modify a license or provisional
license in any case in which it finds that there has been a failure or refusal to comply with the requirements of this chapter
or the standards or rules adopted under this chapter. RCW
43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding. [1991 c 3 § 335; 1989 c 175 § 128; 1985
c 213 § 22; 1955 c 267 § 13.]
70.41.170 Operating or maintaining unlicensed hospital or unapproved tertiary health service—Penalty.
Any person operating or maintaining a hospital without a
license under this chapter, or, after June 30, 1989, initiating a
tertiary health service as defined in RCW 70.38.025(14) that
is not approved under RCW 70.38.105 and 70.38.115, shall
be guilty of a misdemeanor, and each day of operation of an
unlicensed hospital or unapproved tertiary health service,
shall constitute a separate offense. [1989 1st ex.s. c 9 § 612;
1955 c 267 § 17.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.180
70.41.150
70.41.150 Denial, suspension, revocation of license—
Disclosure of information. Information received by the
department through filed reports, inspection, or as otherwise
authorized under this chapter, may be disclosed publicly, as
permitted under chapter 42.56 RCW, subject to the following
provisions:
(1) Licensing inspections, or complaint investigations
regardless of findings, shall, as requested, be disclosed no
sooner than three business days after the hospital has
received the resulting assessment report;
(2) Information regarding administrative action against
the license shall, as requested, be disclosed after the hospital
has received the documents initiating the administrative
action;
(2006 Ed.)
70.41.180 Physicians’ services. Nothing contained in
this chapter shall in any way authorize the department to
establish standards, rules and regulations governing the professional services rendered by any physician. [1985 c 213 §
26; 1955 c 267 § 18.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
70.41.190
70.41.190 Medical records of patients—Retention
and preservation. Unless specified otherwise by the department, a hospital shall retain and preserve all medical records
which relate directly to the care and treatment of a patient for
a period of no less than ten years following the most recent
discharge of the patient; except the records of minors, which
shall be retained and preserved for a period of no less than
[Title 70 RCW—page 59]
70.41.200
Title 70 RCW: Public Health and Safety
three years following attainment of the age of eighteen years,
or ten years following such discharge, whichever is longer.
If a hospital ceases operations, it shall make immediate
arrangements, as approved by the department, for preservation of its records.
The department shall by regulation define the type of
records and the information required to be included in the
medical records to be retained and preserved under this section; which records may be retained in photographic form
pursuant to chapter 5.46 RCW. [1985 c 213 § 27; 1975 1st
ex.s. c 175 § 1.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
Medical records, disclosure: Chapter 70.02 RCW.
70.41.200
70.41.200 Quality improvement and medical malpractice prevention program—Quality improvement
committee—Sanction and grievance procedures—Information collection, reporting, and sharing. (1) Every hospital shall maintain a coordinated quality improvement program for the improvement of the quality of health care services rendered to patients and the identification and
prevention of medical malpractice. The program shall
include at least the following:
(a) The establishment of a quality improvement committee with the responsibility to review the services rendered in
the hospital, both retrospectively and prospectively, in order
to improve the quality of medical care of patients and to prevent medical malpractice. The committee shall oversee and
coordinate the quality improvement and medical malpractice
prevention program and shall ensure that information gathered pursuant to the program is used to review and to revise
hospital policies and procedures;
(b) A medical staff privileges sanction procedure
through which credentials, physical and mental capacity, and
competence in delivering health care services are periodically
reviewed as part of an evaluation of staff privileges;
(c) The periodic review of the credentials, physical and
mental capacity, and competence in delivering health care
services of all persons who are employed or associated with
the hospital;
(d) A procedure for the prompt resolution of grievances
by patients or their representatives related to accidents, injuries, treatment, and other events that may result in claims of
medical malpractice;
(e) The maintenance and continuous collection of information concerning the hospital’s experience with negative
health care outcomes and incidents injurious to patients,
patient grievances, professional liability premiums, settlements, awards, costs incurred by the hospital for patient
injury prevention, and safety improvement activities;
(f) The maintenance of relevant and appropriate information gathered pursuant to (a) through (e) of this subsection
concerning individual physicians within the physician’s personnel or credential file maintained by the hospital;
(g) Education programs dealing with quality improvement, patient safety, medication errors, injury prevention,
staff responsibility to report professional misconduct, the
legal aspects of patient care, improved communication with
patients, and causes of malpractice claims for staff personnel
engaged in patient care activities; and
[Title 70 RCW—page 60]
(h) Policies to ensure compliance with the reporting
requirements of this section.
(2) Any person who, in substantial good faith, provides
information to further the purposes of the quality improvement and medical malpractice prevention program or who, in
substantial good faith, participates on the quality improvement committee shall not be subject to an action for civil
damages or other relief as a result of such activity. Any person or entity participating in a coordinated quality improvement program that, in substantial good faith, shares information or documents with one or more other programs, committees, or boards under subsection (8) of this section is not
subject to an action for civil damages or other relief as a result
of the activity. For the purposes of this section, sharing information is presumed to be in substantial good faith. However,
the presumption may be rebutted upon a showing of clear,
cogent, and convincing evidence that the information shared
was knowingly false or deliberately misleading.
(3) Information and documents, including complaints
and incident reports, created specifically for, and collected
and maintained by, a quality improvement committee are not
subject to review or disclosure, except as provided in this section, or discovery or introduction into evidence in any civil
action, and no person who was in attendance at a meeting of
such committee or who participated in the creation, collection, or maintenance of information or documents specifically for the committee shall be permitted or required to testify in any civil action as to the content of such proceedings
or the documents and information prepared specifically for
the committee. This subsection does not preclude: (a) In any
civil action, the discovery of the identity of persons involved
in the medical care that is the basis of the civil action whose
involvement was independent of any quality improvement
activity; (b) in any civil action, the testimony of any person
concerning the facts which form the basis for the institution
of such proceedings of which the person had personal knowledge acquired independently of such proceedings; (c) in any
civil action by a health care provider regarding the restriction
or revocation of that individual’s clinical or staff privileges,
introduction into evidence information collected and maintained by quality improvement committees regarding such
health care provider; (d) in any civil action, disclosure of the
fact that staff privileges were terminated or restricted, including the specific restrictions imposed, if any and the reasons
for the restrictions; or (e) in any civil action, discovery and
introduction into evidence of the patient’s medical records
required by regulation of the department of health to be made
regarding the care and treatment received.
(4) Each quality improvement committee shall, on at
least a semiannual basis, report to the governing board of the
hospital in which the committee is located. The report shall
review the quality improvement activities conducted by the
committee, and any actions taken as a result of those activities.
(5) The department of health shall adopt such rules as are
deemed appropriate to effectuate the purposes of this section.
(6) The medical quality assurance commission or the
board of osteopathic medicine and surgery, as appropriate,
may review and audit the records of committee decisions in
which a physician’s privileges are terminated or restricted.
Each hospital shall produce and make accessible to the com(2006 Ed.)
Hospital Licensing and Regulation
mission or board the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be
subject to the discovery process and confidentiality shall be
respected as required by subsection (3) of this section. Failure of a hospital to comply with this subsection is punishable
by a civil penalty not to exceed two hundred fifty dollars.
(7) The department, the joint commission on accreditation of health care organizations, and any other accrediting
organization may review and audit the records of a quality
improvement committee or peer review committee in connection with their inspection and review of hospitals. Information so obtained shall not be subject to the discovery process, and confidentiality shall be respected as required by
subsection (3) of this section. Each hospital shall produce
and make accessible to the department the appropriate
records and otherwise facilitate the review and audit.
(8) A coordinated quality improvement program may
share information and documents, including complaints and
incident reports, created specifically for, and collected and
maintained by, a quality improvement committee or a peer
review committee under RCW 4.24.250 with one or more
other coordinated quality improvement programs maintained
in accordance with this section or RCW 43.70.510, a quality
assurance committee maintained in accordance with RCW
18.20.390 or 74.42.640, or a peer review committee under
RCW 4.24.250, for the improvement of the quality of health
care services rendered to patients and the identification and
prevention of medical malpractice. The privacy protections
of chapter 70.02 RCW and the federal health insurance portability and accountability act of 1996 and its implementing
regulations apply to the sharing of individually identifiable
patient information held by a coordinated quality improvement program. Any rules necessary to implement this section
shall meet the requirements of applicable federal and state
privacy laws. Information and documents disclosed by one
coordinated quality improvement program to another coordinated quality improvement program or a peer review committee under RCW 4.24.250 and any information and documents created or maintained as a result of the sharing of
information and documents shall not be subject to the discovery process and confidentiality shall be respected as required
by subsection (3) of this section, RCW 18.20.390 (6) and (8),
74.42.640 (7) and (9), and 4.24.250.
(9) A hospital that operates a nursing home as defined in
RCW 18.51.010 may conduct quality improvement activities
for both the hospital and the nursing home through a quality
improvement committee under this section, and such activities shall be subject to the provisions of subsections (2)
through (8) of this section.
(10) Violation of this section shall not be considered
negligence per se. [2005 c 291 § 3; 2005 c 33 § 7; 2004 c 145
§ 3; 2000 c 6 § 3; 1994 sp.s. c 9 § 742; 1993 c 492 § 415; 1991
c 3 § 336; 1987 c 269 § 5; 1986 c 300 § 4.]
Reviser’s note: This section was amended by 2005 c 33 § 7 and by
2005 c 291 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—2005 c 33: See note following RCW 18.20.390.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
(2006 Ed.)
70.41.210
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Legislative findings—Severability—1986 c 300: See notes following
RCW 18.57.245.
Board of osteopathic medicine and surgery: Chapter 18.57 RCW.
Medical quality assurance commission: Chapter 18.71 RCW.
70.41.210
70.41.210 Duty to report restrictions on health care
practitioners’ privileges based on unprofessional conduct—Penalty. (1) The chief administrator or executive
officer of a hospital shall report to the department when the
practice of a health care practitioner as defined in subsection
(2) of this section is restricted, suspended, limited, or terminated based upon a conviction, determination, or finding by
the hospital that the health care practitioner has committed an
action defined as unprofessional conduct under RCW
18.130.180. The chief administrator or executive officer
shall also report any voluntary restriction or termination of
the practice of a health care practitioner as defined in subsection (2) of this section while the practitioner is under investigation or the subject of a proceeding by the hospital regarding
unprofessional conduct, or in return for the hospital not conducting such an investigation or proceeding or not taking
action. The department will forward the report to the appropriate disciplining authority.
(2) The reporting requirements apply to the following
health care practitioners: Pharmacists as defined in chapter
18.64 RCW; advanced registered nurse practitioners as
defined in chapter 18.79 RCW; dentists as defined in chapter
18.32 RCW; naturopaths as defined in chapter 18.36A RCW;
optometrists as defined in chapter 18.53 RCW; osteopathic
physicians and surgeons as defined in chapter 18.57 RCW;
osteopathic physician [physicians’] assistants as defined in
chapter 18.57A RCW; physicians as defined in chapter 18.71
RCW; physician assistants as defined in chapter 18.71A
RCW; podiatric physicians and surgeons as defined in chapter 18.22 RCW; and psychologists as defined in chapter
18.83 RCW.
(3) Reports made under subsection (1) of this section
shall be made within fifteen days of the date: (a) A conviction, determination, or finding is made by the hospital that the
health care practitioner has committed an action defined as
unprofessional conduct under RCW 18.130.180; or (b) the
voluntary restriction or termination of the practice of a health
care practitioner, including his or her voluntary resignation,
while under investigation or the subject of proceedings
regarding unprofessional conduct under RCW 18.130.180 is
accepted by the hospital.
(4) Failure of a hospital to comply with this section is
punishable by a civil penalty not to exceed two hundred fifty
dollars.
(5) A hospital, its chief administrator, or its executive
officer who files a report under this section is immune from
suit, whether direct or derivative, in any civil action related to
the filing or contents of the report, unless the conviction,
determination, or finding on which the report and its content
are based is proven to not have been made in good faith. The
prevailing party in any action brought alleging the conviction, determination, finding, or report was not made in good
[Title 70 RCW—page 61]
70.41.220
Title 70 RCW: Public Health and Safety
faith, shall be entitled to recover the costs of litigation,
including reasonable attorneys’ fees.
(6) The department shall forward reports made under
subsection (1) of this section to the appropriate disciplining
authority designated under Title 18 RCW within fifteen days
of the date the report is received by the department. The
department shall notify a hospital that has made a report
under subsection (1) of this section of the results of the disciplining authority’s case disposition decision within fifteen
days after the case disposition. Case disposition is the decision whether to issue a statement of charges, take informal
action, or close the complaint without action against a practitioner. In its biennial report to the legislature under RCW
18.130.310, the department shall specifically identify the
case dispositions of reports made by hospitals under subsection (1) of this section.
(7) The department shall not increase hospital license
fees to carry out this section before July 1, 2007. [2005 c 470
§ 1; 1994 sp.s. c 9 § 743; 1986 c 300 § 7.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Legislative findings—Severability—1986 c 300: See notes following
RCW 18.57.245.
Medical quality assurance commission: Chapter 18.71 RCW.
70.41.220
70.41.220 Duty to keep records of restrictions on
practitioners’ privileges—Penalty. Each hospital shall
keep written records of decisions to restrict or terminate privileges of practitioners. Copies of such records shall be made
available to the board within thirty days of a request and all
information so gained shall remain confidential in accordance with RCW 70.41.200 and 70.41.230 and shall be protected from the discovery process. Failure of a hospital to
comply with this section is punishable by [a] civil penalty not
to exceed two hundred fifty dollars. [1986 c 300 § 8.]
Legislative findings—Severability—1986 c 300: See notes following
RCW 18.57.245.
70.41.230
70.41.230 Duty of hospital to request information on
physicians granted privileges. (1) Prior to granting or
renewing clinical privileges or association of any physician
or hiring a physician, a hospital or facility approved pursuant
to this chapter shall request from the physician and the physician shall provide the following information:
(a) The name of any hospital or facility with or at which
the physician had or has any association, employment, privileges, or practice;
(b) If such association, employment, privilege, or practice was discontinued, the reasons for its discontinuation;
(c) Any pending professional medical misconduct proceedings or any pending medical malpractice actions in this
state or another state, the substance of the allegations in the
proceedings or actions, and any additional information concerning the proceedings or actions as the physician deems
appropriate;
(d) The substance of the findings in the actions or proceedings and any additional information concerning the
actions or proceedings as the physician deems appropriate;
(e) A waiver by the physician of any confidentiality provisions concerning the information required to be provided to
hospitals pursuant to this subsection; and
[Title 70 RCW—page 62]
(f) A verification by the physician that the information
provided by the physician is accurate and complete.
(2) Prior to granting privileges or association to any physician or hiring a physician, a hospital or facility approved
pursuant to this chapter shall request from any hospital with
or at which the physician had or has privileges, was associated, or was employed, the following information concerning
the physician:
(a) Any pending professional medical misconduct proceedings or any pending medical malpractice actions, in this
state or another state;
(b) Any judgment or settlement of a medical malpractice
action and any finding of professional misconduct in this
state or another state by a licensing or disciplinary board; and
(c) Any information required to be reported by hospitals
pursuant to RCW 18.71.0195.
(3) The medical quality assurance commission shall be
advised within thirty days of the name of any physician
denied staff privileges, association, or employment on the
basis of adverse findings under subsection (1) of this section.
(4) A hospital or facility that receives a request for information from another hospital or facility pursuant to subsections (1) and (2) of this section shall provide such information
concerning the physician in question to the extent such information is known to the hospital or facility receiving such a
request, including the reasons for suspension, termination, or
curtailment of employment or privileges at the hospital or
facility. A hospital, facility, or other person providing such
information in good faith is not liable in any civil action for
the release of such information.
(5) Information and documents, including complaints
and incident reports, created specifically for, and collected,
and maintained by a quality improvement committee are not
subject to discovery or introduction into evidence in any civil
action, and no person who was in attendance at a meeting of
such committee or who participated in the creation, collection, or maintenance of information or documents specifically for the committee shall be permitted or required to testify in any civil action as to the content of such proceedings
or the documents and information prepared specifically for
the committee. This subsection does not preclude: (a) In any
civil action, the discovery of the identity of persons involved
in the medical care that is the basis of the civil action whose
involvement was independent of any quality improvement
activity; (b) in any civil action, the testimony of any person
concerning the facts which form the basis for the institution
of such proceedings of which the person had personal knowledge acquired independently of such proceedings; (c) in any
civil action by a health care provider regarding the restriction
or revocation of that individual’s clinical or staff privileges,
introduction into evidence information collected and maintained by quality improvement committees regarding such
health care provider; (d) in any civil action, disclosure of the
fact that staff privileges were terminated or restricted, including the specific restrictions imposed, if any and the reasons
for the restrictions; or (e) in any civil action, discovery and
introduction into evidence of the patient’s medical records
required by regulation of the department of health to be made
regarding the care and treatment received.
(6) Hospitals shall be granted access to information held
by the medical quality assurance commission and the board
(2006 Ed.)
Hospital Licensing and Regulation
of osteopathic medicine and surgery pertinent to decisions of
the hospital regarding credentialing and recredentialing of
practitioners.
(7) Violation of this section shall not be considered negligence per se. [1994 sp.s. c 9 § 744; 1993 c 492 § 416; 1991
c 3 § 337; 1987 c 269 § 6; 1986 c 300 § 11.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Legislative findings—Severability—1986 c 300: See notes following
RCW 18.57.245.
Medical quality assurance commission: Chapter 18.71 RCW.
70.41.235 Doctor of osteopathic medicine and surgery—Discrimination based on board certification is prohibited. A hospital that provides health care services to the
general public may not discriminate against a qualified doctor of osteopathic medicine and surgery licensed under chapter 18.57 RCW, who has applied to practice with the hospital,
solely because that practitioner was board certified or eligible
under an approved osteopathic certifying board instead of
board certified or eligible respectively under an approved
medical certifying board. [1995 c 64 § 3.]
70.41.235
70.41.240 Information regarding conversion of hospitals to nonhospital health care facilities. The department
of health shall compile and make available to the public
information regarding medicare health care facility certification options available to hospitals licensed under this title that
desire to convert to nonhospital health care facilities. The
information provided shall include standards and requirements for certification and procedures for acquiring certification. [1991 c 3 § 338; 1988 c 207 § 3.]
70.41.240
Resources and staffing—1988 c 207: "The department of community
development, department of trade and economic development, department of
employment security, and department of social and health services are
expected to use their present resources and staffing to carry out the requirements of this act." [1988 c 207 § 4.]
70.41.250 Cost disclosure to health care providers.
(1) The legislature finds that the spiraling costs of health care
continue to surmount efforts to contain them, increasing at
approximately twice the inflationary rate. The causes of this
phenomenon are complex. By making physicians and other
health care providers with hospital admitting privileges more
aware of the cost consequences of health care services for
consumers, these providers may be inclined to exercise more
restraint in providing only the most relevant and cost-beneficial hospital services, with a potential for reducing the utilization of those services. The requirement of the hospital to
inform physicians and other health care providers of the
charges of the health care services that they order may have a
positive effect on containing health costs. Further, the option
of the physician or other health care provider to inform the
patient of these charges may strengthen the necessary dialogue in the provider-patient relationship that tends to be
diminished by intervening third-party payers.
(2) The chief executive officer of a hospital licensed
under this chapter and the superintendent of a state hospital
70.41.250
(2006 Ed.)
70.41.310
shall establish and maintain a procedure for disclosing to
physicians and other health care providers with admitting
privileges the charges of all health care services ordered for
their patients. Copies of hospital charges shall be made available to any physician and/or other health care provider ordering care in hospital inpatient/outpatient services. The physician and/or other health care provider may inform the patient
of these charges and may specifically review them. Hospitals
are also directed to study methods for making daily charges
available to prescribing physicians through the use of interactive software and/ or computerized information thereby
allowing physicians and other health care providers to review
not only the costs of present and past services but also future
contemplated costs for additional diagnostic studies and therapeutic medications. [1993 c 492 § 265.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.41.300
70.41.300 Long-term care—Definitions. "Cost-effective care" and "long-term care services," where used in RCW
70.41.310 and 70.41.320, shall have the same meaning as that
given in *RCW 74.39A.008. [1995 1st sp.s. c 18 § 4.]
*Reviser’s note: RCW 74.39A.008 was repealed by 1997 c 392 § 530.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.41.310
70.41.310 Long-term care—Program information to
be provided to hospitals—Information on options to be
provided to patients. (1)(a) The department of social and
health services, in consultation with hospitals and acute care
facilities, shall promote the most appropriate and cost-effective use of long-term care services by developing and distributing to hospitals and other appropriate health care settings
information on the various chronic long-term care programs
that it administers directly or through contract. The information developed by the department of social and health services shall, at a minimum, include the following:
(i) An identification and detailed description of each
long-term care service available in the state;
(ii) Functional, cognitive, and medicaid eligibility criteria that may be required for placement or admission to each
long-term care service; and
(iii) A long-term care services resource manual for each
hospital, that identifies the long-term care services operating
within each hospital’s patient service area. The long-term
care services resource manual shall, at a minimum, identify
the name, address, and telephone number of each entity
known to be providing long-term care services; a brief
description of the programs or services provided by each of
the identified entities; and the name or names of a person or
persons who may be contacted for further information or
assistance in accessing the programs or services at each of the
identified entities.
(b) The information required in (a) of this subsection
shall be periodically updated and distributed to hospitals by
the department of social and health services so that the information reflects current long-term care service options available within each hospital’s patient service area.
[Title 70 RCW—page 63]
70.41.320
Title 70 RCW: Public Health and Safety
(2) To the extent that a patient will have continuing care
needs, once discharged from the hospital setting, hospitals
shall, during the course of the patient’s hospital stay, promote
each patient’s family member’s and/or legal representative’s
understanding of available long-term care service discharge
options by, at a minimum:
(a) Discussing the various and relevant long-term care
services available, including eligibility criteria;
(b) Making available, to patients, their family members,
and/or legal representative, a copy of the most current longterm care services resource manual;
(c) Responding to long-term care questions posed by
patients, their family members, and/or legal representative;
(d) Assisting the patient, their family members, and/or
legal representative in contacting appropriate persons or entities to respond to the question or questions posed; and
(e) Linking the patient and family to the local, state-designated aging and long-term care network to ensure effective
transitions to appropriate levels of care and ongoing support.
[1995 1st sp.s. c 18 § 3.]
pilot projects in up to three areas of the state with the goal of
providing information about appropriate in-home and community services to individuals and their families early during
the individual’s hospital stay.
The department shall not delay hospital discharges but
shall assist and support the activities of hospital discharge
planners. The department also shall coordinate with home
health and hospice agencies whenever appropriate. The role
of the department is to assist the hospital and to assist patients
and their families in making informed choices by providing
information regarding home and community options.
In conducting the pilot projects, the department shall:
(a) Assess and offer information regarding appropriate
in-home and community services to individuals who are
medicaid clients or applicants; and
(b) Offer assessment and information regarding appropriate in-home and community services to individuals who
are reasonably expected to become medicaid recipients
within one hundred eighty days of admission to a nursing
facility. [1998 c 245 § 127; 1995 1st sp.s. c 18 § 5.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.41.320 Long-term care—Patient discharge
requirements for hospitals and acute care facilities—Pilot
projects. (1) Hospitals and acute care facilities shall:
(a) Work cooperatively with the department of social and
health services, area agencies on aging, and local long-term
care information and assistance organizations in the planning
and implementation of patient discharges to long-term care
services.
(b) Establish and maintain a system for discharge planning and designate a person responsible for system management and implementation.
(c) Establish written policies and procedures to:
(i) Identify patients needing further nursing, therapy, or
supportive care following discharge from the hospital;
(ii) Develop a documented discharge plan for each identified patient, including relevant patient history, specific care
requirements, and date such follow-up care is to be initiated;
(iii) Coordinate with patient, family, caregiver, and
appropriate members of the health care team;
(iv) Provide any patient, regardless of income status,
written information and verbal consultation regarding the
array of long-term care options available in the community,
including the relative cost, eligibility criteria, location, and
contact persons;
(v) Promote an informed choice of long-term care services on the part of patients, family members, and legal representatives; and
(vi) Coordinate with the department and specialized case
management agencies, including area agencies on aging and
other appropriate long-term care providers, as necessary, to
ensure timely transition to appropriate home, community residential, or nursing facility care.
(d) Work in cooperation with the department which is
responsible for ensuring that patients eligible for medicaid
long-term care receive prompt assessment and appropriate
service authorization.
(2) In partnership with selected hospitals, the department
of social and health services shall develop and implement
70.41.320
[Title 70 RCW—page 64]
70.41.330
70.41.330 Hospital complaint toll-free telephone
number. Every hospital shall post in conspicuous locations
a notice of the department’s hospital complaint toll-free telephone number. The form of the notice shall be approved by
the department. [2000 c 6 § 4.]
70.41.340
70.41.340 Investigation of hospital complaints—
Rules. The department is authorized to adopt rules necessary
to implement RCW 70.41.150, 70.41.155, and 70.41.330.
[2000 c 6 § 6.]
70.41.350
70.41.350 Emergency care provided to victims of sexual assault—Development of informational materials on
emergency contraception—Rules. (1) Every hospital providing emergency care to a victim of sexual assault shall:
(a) Provide the victim with medically and factually accurate and unbiased written and oral information about emergency contraception;
(b) Orally inform each victim of sexual assault of her
option to be provided emergency contraception at the hospital; and
(c) If not medically contraindicated, provide emergency
contraception immediately at the hospital to each victim of
sexual assault who requests it.
(2) The secretary, in collaboration with community sexual assault programs and other relevant stakeholders, shall
develop, prepare, and produce informational materials relating to emergency contraception for the prevention of pregnancy in rape victims for distribution to and use in all emergency rooms in the state, in quantities sufficient to comply
with the requirements of this section. The secretary, in collaboration with community sexual assault programs and other
relevant stakeholders, may also approve informational materials from other sources for the purposes of this section. The
informational materials must be clearly written and readily
comprehensible in a culturally competent manner, as the secretary, in collaboration with community sexual assault pro(2006 Ed.)
Hospital Licensing and Regulation
grams and other relevant stakeholders, deems necessary to
inform victims of sexual assault. The materials must explain
the nature of emergency contraception, including that it is
effective in preventing pregnancy, treatment options, and
where they can be obtained.
(3) The secretary shall adopt rules necessary to implement this section. [2002 c 116 § 3.]
Findings—2002 c 116: "(1) The legislature finds that:
(a) Each year, over three hundred thousand women are sexually
assaulted in the United States;
(b) Nationally, over thirty-two thousand women become pregnant each
year as a result of sexual assault. Approximately fifty percent of these pregnancies end in abortion;
(c) Approximately thirty-eight percent of women in Washington are
sexually assaulted over the course of their lifetime. This is twenty percent
more than the national average;
(d) Only fifteen percent of sexual assaults in Washington are reported;
however, even the numbers of reported attacks are staggering. For example,
last year, two thousand six hundred fifty-nine rapes were reported in
Washington, this is more than seven rapes per day.
(2) The legislature deems it essential that all hospital emergency rooms
provide emergency contraception as a treatment option to any woman who
seeks treatment as a result of a sexual assault." [2002 c 116 § 1.]
70.41.360
70.41.360 Emergency care provided to victims of sexual assault—Department to respond to violations—Task
force. The department must respond to complaints of violations of RCW 70.41.350. The department shall convene a
task force, composed of representatives from community
sexual assault programs and other relevant stakeholders
including advocacy agencies, medical agencies, and hospital
associations, to provide input into the development and evaluation of the education materials and rule development. The
task force shall expire on January 1, 2004. [2002 c 116 § 4.]
Findings—2002 c 116: See note following RCW 70.41.350.
70.41.370
70.41.370 Investigation of complaints of violations
concerning nursing technicians. The department shall
investigate complaints of violations of RCW 18.79.350 and
18.79.360 by an employer. The department shall maintain
records of all employers that have violated RCW 18.79.350
and 18.79.360. [2003 c 258 § 8.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
70.41.380
70.41.380 Notice of unanticipated outcomes. Hospitals shall have in place policies to assure that, when appropriate, information about unanticipated outcomes is provided to
patients or their families or any surrogate decision makers
identified pursuant to RCW 7.70.065. Notifications of unanticipated outcomes under this section do not constitute an
acknowledgement or admission of liability, nor can the fact
of notification, the content disclosed, or any and all statements, affirmations, gestures, or conduct expressing apology
be introduced as evidence in a civil action. [2005 c 118 § 1.]
Policy to be in place beginning January 1, 2006—2005 c 118:
"Beginning January 1, 2006, the department shall, during the survey of a
hospital, ensure that the policy required in RCW 70.41.380 is in place."
[2005 c 118 § 2.]
70.41.390
70.41.390 Safe patient handling. (1) The definitions in
this subsection apply throughout this section unless the context clearly requires otherwise.
(2006 Ed.)
70.41.390
(a) "Lift team" means hospital employees specially
trained to conduct patient lifts, transfers, and repositioning
using lifting equipment when appropriate.
(b) "Safe patient handling" means the use of engineering
controls, lifting and transfer aids, or assistive devices, by lift
teams or other staff, instead of manual lifting to perform the
acts of lifting, transferring, and repositioning health care
patients and residents.
(c) "Musculoskeletal disorders" means conditions that
involve the nerves, tendons, muscles, and supporting structures of the body.
(2) By February 1, 2007, each hospital must establish a
safe patient handling committee either by creating a new
committee or assigning the functions of a safe patient handling committee to an existing committee. The purpose of
the committee is to design and recommend the process for
implementing a safe patient handling program. At least half
of the members of the safe patient handling committee shall
be frontline nonmanagerial employees who provide direct
care to patients unless doing so will adversely affect patient
care.
(3) By December 1, 2007, each hospital must establish a
safe patient handling program. As part of this program, a
hospital must:
(a) Implement a safe patient handling policy for all shifts
and units of the hospital. Implementation of the safe patient
handling policy may be phased-in with the acquisition of
equipment under subsection (4) of this section;
(b) Conduct a patient handling hazard assessment. This
assessment should consider such variables as patient-handling tasks, types of nursing units, patient populations, and
the physical environment of patient care areas;
(c) Develop a process to identify the appropriate use of
the safe patient handling policy based on the patient’s physical and medical condition and the availability of lifting
equipment or lift teams. The policy shall include a means to
address circumstances under which it would be medically
contraindicated to use lifting or transfer aids or assistive
devices for particular patients;
(d) Conduct an annual performance evaluation of the
program to determine its effectiveness, with the results of the
evaluation reported to the safe patient handling committee.
The evaluation shall determine the extent to which implementation of the program has resulted in a reduction in musculoskeletal disorder claims and days of lost work attributable to musculoskeletal disorder caused by patient handling,
and include recommendations to increase the program’s
effectiveness; and
(e) When developing architectural plans for constructing
or remodeling a hospital or a unit of a hospital in which
patient handling and movement occurs, consider the feasibility of incorporating patient handling equipment or the physical space and construction design needed to incorporate that
equipment at a later date.
(4) By January 30, 2010, each hospital must complete, at
a minimum, acquisition of their choice of: (a) One readily
available lift per acute care unit on the same floor unless the
safe patient handling committee determines a lift is unnecessary in the unit; (b) one lift for every ten acute care available
inpatient beds; or (c) equipment for use by lift teams. Hospi[Title 70 RCW—page 65]
70.41.400
Title 70 RCW: Public Health and Safety
tals must train staff on policies, equipment, and devices at
least annually.
(5) Nothing in this section precludes lift team members
from performing other duties as assigned during their shift.
(6) A hospital shall develop procedures for hospital
employees to refuse to perform or be involved in patient handling or movement that the hospital employee believes in
good faith will expose a patient or a hospital employee to an
unacceptable risk of injury. A hospital employee who in
good faith follows the procedure developed by the hospital in
accordance with this subsection shall not be the subject of
disciplinary action by the hospital for the refusal to perform
or be involved in the patient handling or movement. [2006 c
165 § 2.]
Findings—2006 c 165: "The legislature finds that:
(1) Patients are not at optimum levels of safety while being lifted,
transferred, or repositioned manually. Mechanical lift programs can reduce
skin tears suffered by patients by threefold. Nurses, thirty-eight percent of
whom have previous back injuries, can drop patients if their pain thresholds
are triggered.
(2) According to the bureau of labor statistics, hospitals in Washington
have a nonfatal employee injury incidence rate that exceeds the rate of construction, agriculture, manufacturing, and transportation.
(3) The physical demands of the nursing profession lead many nurses
to leave the profession. Research shows that the annual prevalence rate for
nursing back injury is over forty percent and many nurses who suffer a back
injury do not return to nursing. Considering the present nursing shortage in
Washington, measures must be taken to protect nurses from disabling injury.
(4) Washington hospitals have made progress toward implementation
of safe patient handling programs that are effective in decreasing employee
injuries. It is not the intent of this act to place an undue financial burden on
hospitals." [2006 c 165 § 1.]
70.41.400
70.41.400 Patient billing—Written statement
describing who may be billing the patient required—Contact phone numbers—Exceptions. (1) Prior to or upon discharge, a hospital must furnish each patient receiving inpatient services a written statement providing a list of physician
groups and other professional partners that commonly provide care for patients at the hospital and from whom the
patient may receive a bill, along with contact phone numbers
for those groups. The statement must prominently display a
phone number that a patient can call for assistance if the
patient has any questions about any of the bills they receive
after discharge that relate to their hospital stay.
(2) This section does not apply to any hospital owned or
operated by a health maintenance organization under chapter
48.46 RCW when providing prepaid health care services to
enrollees of the health maintenance organization or any of its
wholly owned subsidiary carriers. [2006 c 60 § 2.]
Findings—Intent—2006 c 60: "The legislature finds that the implementation of health information technologies in hospitals, including electronic medical records, has the potential to significantly reduce cost, improve
patient outcomes, and simplify the administration of health care. Further, the
legislature finds that the number of and complexity of the bills that result
from a hospital stay can be confusing to patients. Therefore, it is the intent
of the legislature to encourage hospitals to design the implementation of
health information technologies so as to allow the hospital to provide the
patient, prior to or upon discharge, clearly understandable information about
the services provided during the hospital stay, and the bills the patient is
likely to receive related to each of those services. Recognizing that complete
implementation of the technologies required to achieve this goal will take a
number of years, the legislature intends to require that hospitals immediately
begin working toward the goal by compiling and communicating information to assist patients in understanding their bills." [2006 c 60 § 1.]
[Title 70 RCW—page 66]
70.41.900
70.41.900 Severability—1955 c 267. If any part, or
parts, of this chapter shall be held unconstitutional, the
remaining provisions shall be given full force and effect, as
completely as if the part held unconstitutional had not been
included herein, if any such remaining part can then be
administered for the purpose of establishing and maintaining
standards for hospitals. [1955 c 267 § 21.]
Chapter 70.42
Chapter 70.42 RCW
MEDICAL TEST SITES
Sections
70.42.005
70.42.010
70.42.020
70.42.030
70.42.040
70.42.050
70.42.060
70.42.070
70.42.080
70.42.090
70.42.100
70.42.110
70.42.120
70.42.130
70.42.140
70.42.150
70.42.160
70.42.170
70.42.180
70.42.190
70.42.200
70.42.210
70.42.220
70.42.900
Intent—Construction.
Definitions.
License required.
Waiver of license—Conditions.
Sites approved under federal law—Automatic licensure.
Permission to perform tests not covered by license—License
amendment.
Quality control, quality assurance, recordkeeping, and personnel standards.
Proficiency testing program.
Test site supervisor.
Fees—Account.
Applicants—Requirements.
Issuance of license—Renewal.
Denial of license.
Conditions upon license.
Suspension of license.
Revocation of license.
Penalties—Acts constituting violations.
On-site reviews.
Operating without a license—Injunctions or other remedies—
Penalty.
Petition of superior court for review of disciplinary action.
Persons who may not own or operate test site.
Confidentiality of certain information.
Rules.
Effective dates—1989 c 386.
70.42.005
70.42.005 Intent—Construction. The legislature
intends that medical test sites meet criteria known to promote
accurate and reliable analysis, thus improving health care
through uniform test site licensure and regulation including
quality control, quality assurance, and proficiency testing.
The legislature also intends to meet the requirements of federal laws licensing and regulating medical testing.
The legislature intends that nothing in this chapter shall
be interpreted to place any liability whatsoever on the state
for the action or inaction of test sites or test site personnel.
The legislature further intends that nothing in this chapter
shall be interpreted to expand the state’s role regarding medical testing beyond the provisions of this chapter. [1989 c
386 § 1.]
70.42.010
70.42.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the *department of health if
enacted, otherwise the department of social and health services.
(2) "Designated test site supervisor" means the available
individual who is responsible for the technical functions of
the test site and who meets the department’s qualifications set
out in rule by the department.
(2006 Ed.)
Medical Test Sites
(3) "Person" means any individual, or any public or private organization, agent, agency, corporation, firm, association, partnership, or business.
(4) "Proficiency testing program" means an external service approved by the department which provides samples to
evaluate the accuracy, reliability and performance of the tests
at each test site.
(5) "Quality assurance" means a comprehensive set of
policies, procedures, and practices to assure that a test site’s
results are accurate and reliable. Quality assurance means a
total program of internal and external quality control, equipment preventative maintenance, calibration, recordkeeping,
and proficiency testing evaluation, including a written quality
assurance plan.
(6) "Quality control" means internal written procedures
and day-to-day analysis of laboratory reference materials at
each test site to insure precision and accuracy of test methodology, equipment, and results.
(7) "Test" means any examination or procedure conducted on a sample taken from the human body, including
screening.
(8) "Test site" means any facility or site, public or private, which analyzes materials derived from the human body
for the purposes of health care, treatment, or screening. A test
site does not mean a facility or site, including a residence,
where a test approved for home use by the federal food and
drug administration is used by an individual to test himself or
herself without direct supervision or guidance by another and
where this test is not part of a commercial transaction. [1989
c 386 § 2.]
*Reviser’s note: 1989 1st ex.s. c 14 created the department of health.
70.42.020
70.42.020 License required. After July 1, 1990, no
person may advertise, operate, manage, own, conduct, open,
or maintain a test site without first obtaining a license for the
tests to be performed, except as provided in RCW 70.42.030.
[1989 c 386 § 3.]
70.42.030
70.42.030 Waiver of license—Conditions. (1) As a
part of the application for licensure, a test site may request a
waiver from licensure under this chapter if the test site performs only examinations which are determined to have insignificant risk of an erroneous result, including those which (a)
are approved by the federal food and drug administration for
home use; (b) are so simple and accurate as to render the likelihood of erroneous results negligible; or (c) pose no reasonable risk of harm to the patient if performed incorrectly.
(2) The department shall determine by rule which tests
meet the criteria in subsection (1) of this section and shall be
exempt from coverage of this chapter. The standards applied
in developing the list shall be consistent with federal law and
regulations.
(3) The department shall grant a waiver from licensure
for two years for a valid request based on subsections (1) and
(2) of this section.
(4) Any test site which has received a waiver under subsection (3) of this section shall report to the department any
changes in the type of tests it intends to perform thirty days in
advance of the changes. In no case shall a test site with a
(2006 Ed.)
70.42.090
waiver perform tests which require a license under this chapter. [1989 c 386 § 4.]
70.42.040
70.42.040 Sites approved under federal law—Automatic licensure. Test sites accredited, certified, or licensed
by an organization or agency approved by the department
consistent with federal law and regulations shall receive a
license under RCW 70.42.110. [1989 c 386 § 5.]
70.42.050
70.42.050 Permission to perform tests not covered by
license—License amendment. A licensee that desires to
perform tests for which it is not currently licensed shall notify
the department. To the extent allowed by federal law and regulations, upon notification and pending the department’s
determination, the department shall grant the licensee temporary permission to perform the additional tests. The department shall amend the license if it determines that the licensee
meets all applicable requirements. [1989 c 386 § 6.]
70.42.060
70.42.060 Quality control, quality assurance, recordkeeping, and personnel standards. The department shall
adopt standards established in rule governing test sites for
quality control, quality assurance, recordkeeping, and personnel consistent with federal laws and regulations. "Recordkeeping" for purposes of this chapter means books, files, or
records necessary to show compliance with the quality control and quality assurance requirements adopted by the
department. [1989 c 386 § 7.]
70.42.070
70.42.070 Proficiency testing program. (1) Except
where there is no reasonable proficiency test, each licensed
test site must participate in a department-approved proficiency testing program appropriate to the test or tests which it
performs. The department may approve proficiency testing
programs offered by private or public organizations when the
program meets the standards set by the department. Testing
shall be conducted quarterly except as otherwise provided for
in rule.
(2) The department shall establish proficiency testing
standards by rule which include a measure of acceptable performance for tests, and a system for grading proficiency testing performance for tests. The standards may include an evaluation of the personnel performing tests. [1989 c 386 § 8.]
70.42.080
70.42.080 Test site supervisor. A test site shall have a
designated test site supervisor who shall meet the qualifications determined by the department in rule. The designated
test site supervisor shall be responsible for the testing functions of the test site. [1989 c 386 § 9.]
70.42.090
70.42.090 Fees—Account. (1) The department shall
establish a schedule of fees for license applications, renewals,
amendments, and waivers. In fixing said fees, the department
shall set the fees at a sufficient level to defray the cost of
administering the licensure program. All such fees shall be
fixed by rule adopted in accordance with the provisions of the
administrative procedure act, chapter 34.05 RCW. In determining the fee schedule, the department shall consider the
following: (a) Complexity of the license required; (b) number and type of tests performed at the test site; (c) degree of
[Title 70 RCW—page 67]
70.42.100
Title 70 RCW: Public Health and Safety
supervision required from the department staff; (d) whether
the license is granted under RCW 70.42.040; and (e) general
administrative costs of the test site licensing program established under this chapter. For each category of license, fees
charged shall be related to program costs.
(2) The medical test site licensure account is created in
the state treasury. The state treasurer shall transfer into the
medical test site licensure account all revenue received from
medical test site license fees. Funds for this account may only
be appropriated for the support of the activities defined under
this chapter.
(3) The department may establish separate fees for repeat
inspections and repeat audits it performs under RCW
70.42.170. [1989 c 386 § 10.]
70.42.100
70.42.100 Applicants—Requirements. An applicant
for issuance or renewal of a medical test site license shall:
(1) File a written application on a form provided by the
department;
(2) Demonstrate ability to comply with this chapter and
the rules adopted under this chapter;
(3) Cooperate with any on-site review which may be
conducted by the department prior to licensure or renewal.
[1989 c 386 § 11.]
70.42.110
70.42.110 Issuance of license—Renewal. Upon
receipt of an application for a license and the license fee, the
department shall issue a license if the applicant meets the
requirements established under this chapter. All persons
operating test sites before July 1, 1990, shall submit applications by July 1, 1990. A license issued under this chapter
shall not be transferred or assigned without thirty days’ prior
notice to the department and the department’s timely
approval. A license, unless suspended or revoked, shall be
effective for a period of two years. The department may
establish penalty fees or take other appropriate action pursuant to this chapter for failure to apply for licensure or renewal
as required by this chapter. [1989 c 386 § 12.]
70.42.120
70.42.120 Denial of license. Under this chapter, and
chapter 34.05 RCW, the department may deny a license to
any applicant who:
(1) Refuses to comply with the requirements of this
chapter or the standards or rules adopted under this chapter;
(2) Was the holder of a license under this chapter which
was revoked for cause and never reissued by the department;
(3) Has knowingly or with reason to know made a false
statement of a material fact in the application for a license or
in any data attached thereto or in any record required by the
department;
(4) Refuses to allow representatives of the department to
examine any book, record, or file required by this chapter to
be maintained;
(5) Willfully prevented, interfered with, or attempted to
impede in any way the work of a representative of the department; or
(6) Misrepresented, or was fraudulent in, any aspect of
the applicant’s business. [1989 c 386 § 13.]
[Title 70 RCW—page 68]
70.42.130
70.42.130 Conditions upon license. Under this chapter, and chapter 34.05 RCW, the department may place conditions on a license which limit or cancel a test site’s authority to conduct any of the tests or groups of tests of any licensee who:
(1) Fails or refuses to comply with the requirements of
this chapter or the rules adopted under this chapter;
(2) Has knowingly or with reason to know made a false
statement of a material fact in the application for a license or
in any data attached thereto or in any record required by the
department;
(3) Refuses to allow representatives of the department to
examine any book, record, or file required by this chapter to
be maintained;
(4) Willfully prevented, interfered with, or attempted to
impede in any way the work of a representative of the department;
(5) Willfully prevented or interfered with preservation of
evidence of a known violation of this chapter or the rules
adopted under this chapter; or
(6) Misrepresented, or was fraudulent in, any aspect of
the licensee’s business. [1989 c 386 § 14.]
70.42.140
70.42.140 Suspension of license. Under this chapter,
and chapter 34.05 RCW, the department may suspend the
license of any licensee who:
(1) Fails or refuses to comply with the requirements of
this chapter or the rules adopted under this chapter;
(2) Has knowingly or with reason to know made a false
statement of a material fact in the application for a license or
in any data attached thereto or in any record required by the
department;
(3) Refuses to allow representatives of the department to
examine any book, record, or file required by this chapter to
be maintained;
(4) Willfully prevented, interfered with, or attempted to
impede in any way the work of a representative of the department;
(5) Willfully prevented or interfered with preservation of
evidence of a known violation of this chapter or the rules
adopted under this chapter;
(6) Misrepresented, or was fraudulent in, any aspect of
the licensee’s business;
(7) Used false or fraudulent advertising; or
(8) Failed to pay any civil monetary penalty assessed by
the department under this chapter within twenty-eight days
after the assessment becomes final. [1989 c 386 § 15.]
70.42.150
70.42.150 Revocation of license. Under this chapter,
and chapter 34.05 RCW, the department may revoke the
license of any licensee who:
(1) Fails or refuses to comply with the requirements of
this chapter or the rules adopted under this chapter;
(2) Has knowingly or with reason to know made a false
statement of a material fact in the application for a license or
in any data attached thereto or in any record required by the
department;
(3) Refuses to allow representatives of the department to
examine any book, record, or file required by this chapter to
be maintained;
(2006 Ed.)
Hospital Staff Membership or Privileges
(4) Willfully prevented, interfered with, or attempted to
impede in any way the work of a representative of the department;
(5) Willfully prevented or interfered with preservation of
evidence of a known violation of this chapter or the rules
adopted under this chapter;
(6) Misrepresented, or was fraudulent in, any aspect of
the licensee’s business;
(7) Used false or fraudulent advertising; or
(8) Failed to pay any civil monetary penalty assessed by
the department pursuant to this chapter within twenty-eight
days after the assessment becomes final.
The department may summarily revoke a license when it
finds continued licensure of a test site immediately jeopardizes the public health, safety, or welfare. [1989 c 386 § 16.]
70.42.160
70.42.160 Penalties—Acts constituting violations.
Under this chapter, and chapter 34.05 RCW, the department
may assess monetary penalties of up to ten thousand dollars
per violation in addition to or in lieu of conditioning, suspending, or revoking a license. A violation occurs when a licensee:
(1) Fails or refuses to comply with the requirements of
this chapter or the standards or rules adopted under this chapter;
(2) Has knowingly or with reason to know made a false
statement of a material fact in the application for a license or
in any data attached thereto or in any record required by the
department;
(3) Refuses to allow representatives of the department to
examine any book, record, or file required by this chapter to
be maintained;
(4) Willfully prevents, interferes with, or attempts to
impede in any way the work of any representative of the
department;
(5) Willfully prevents or interferes with preservation of
evidence of any known violation of this chapter or the rules
adopted under this chapter;
(6) Misrepresents or was fraudulent in any aspect of the
applicant’s business; or
(7) Uses advertising which is false or fraudulent.
Each day of a continuing violation is a separate violation.
[1989 c 386 § 17.]
Chapter 70.43
sons for noncompliance and inform the licensee or applicant
or test site operator that it shall comply within a specified reasonable time. If the licensee or applicant or test site operator
fails to comply, the department may take disciplinary action
under RCW 70.42.120 through 70.42.150, or further action as
authorized by this chapter. [1989 c 386 § 18.]
70.42.180
70.42.180 Operating without a license—Injunctions
or other remedies—Penalty. Notwithstanding the existence
or use of any other remedy, the department may, in the manner provided by law and upon the advice of the attorney general, who shall represent the department in the proceedings,
maintain an action in the name of the state for an injunction
or other process against any person to restrain or prevent the
advertising, operating, maintaining, managing, or opening of
a test site without a license under this chapter. It is a misdemeanor to own, operate, or maintain a test site without a
license. [1989 c 386 § 19.]
70.42.190
70.42.190 Petition of superior court for review of disciplinary action. Any test site which has had a denial, condition, suspension, or revocation of its license, or a civil monetary penalty upheld after administrative review under chapter 34.05 RCW, may, within sixty days of the administrative
determination, petition the superior court for review of the
decision. [1989 c 386 § 20.]
70.42.200
70.42.200 Persons who may not own or operate test
site. No person who has owned or operated a test site that has
had its license revoked may own or operate a test site within
two years of the final adjudication of a license revocation.
[1989 c 386 § 21.]
70.42.210 Confidentiality of certain information. All
information received by the department through filed reports,
audits, or on-site reviews, as authorized under this chapter
shall not be disclosed publicly in any manner that would
identify persons who have specimens of material from their
bodies at a test site, absent a written release from the person,
or a court order. [1989 c 386 § 22.]
70.42.210
70.42.220 Rules. The department shall adopt rules
under chapter 34.05 RCW necessary to implement the purposes of this chapter. [1989 c 386 § 23.]
70.42.220
70.42.170
70.42.170 On-site reviews. The department may at any
time conduct an on-site review of a licensee or applicant in
order to determine compliance with this chapter. When the
department has reason to believe a waivered site is conducting tests requiring a license, the department may conduct an
on-site review of the waivered site in order to determine compliance. The department may also examine and audit records
necessary to determine compliance with this chapter. The
right to conduct an on-site review and audit and examination
of records shall extend to any premises and records of persons whom the department has reason to believe are opening,
owning, conducting, maintaining, managing, or otherwise
operating a test site without a license.
Following an on-site review, the department shall give
written notice of any violation of this chapter or the rules
adopted under this chapter. The notice shall describe the rea(2006 Ed.)
70.42.900
70.42.900 Effective dates—1989 c 386. (1) RCW
70.42.005 through 70.42.210 shall take effect July 1, 1990.
(2) RCW 70.42.220 is necessary for the immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and
shall take effect July 1, 1989. [1989 c 386 § 25.]
Chapter 70.43 RCW
HOSPITAL STAFF MEMBERSHIP OR PRIVILEGES
Chapter 70.43
Sections
70.43.010
70.43.020
70.43.030
Applications for membership or privileges—Standards and
procedures.
Applications for membership or privileges—Discrimination
based on type of license prohibited—Exception.
Violations of RCW 70.43.010 or 70.43.020—Injunctive relief.
[Title 70 RCW—page 69]
70.43.010
Title 70 RCW: Public Health and Safety
70.43.010 Applications for membership or privileges—Standards and procedures. Within one hundred
eighty days of June 11, 1986, the governing body of every
hospital licensed under chapter 70.41 RCW shall set standards and procedures to be applied by the hospital and its
medical staff in considering and acting upon applications for
staff membership or professional privileges. [1986 c 205 §
1.]
70.44.110
70.44.130
70.44.140
70.43.020 Applications for membership or privileges—Discrimination based on type of license prohibited—Exception. The governing body of any hospital,
except any hospital which employs its medical staff, in considering and acting upon applications for staff membership or
professional privileges within the scope of the applicants’
respective licenses, shall not discriminate against a qualified
person solely on the basis of whether such person is licensed
under chapters 18.71, 18.57, or 18.22 RCW. [1986 c 205 §
2.]
70.44.220
70.43.010
70.43.020
70.43.030
7 0 . 4 3 .0 3 0 V i o l a t i o n s o f RC W 7 0 . 4 3 . 0 1 0 o r
70.43.020—Injunctive relief. Any person may apply to
superior court for a preliminary or permanent injunction
restraining a violation of RCW 70.43.010 or 70.43.020. This
action is an additional remedy not dependent on the adequacy
of the remedy at law. Nothing in this chapter shall require a
hospital to grant staff membership or professional privileges
until a final determination is made upon the merits by the
hospital governing body. [1986 c 205 § 3.]
70.44.171
70.44.185
70.44.190
70.44.200
70.44.210
70.44.230
70.44.235
70.44.240
70.44.260
70.44.300
70.44.310
70.44.315
70.44.320
70.44.350
70.44.360
70.44.370
70.44.380
70.44.400
70.44.450
70.44.460
70.44.470
70.44.900
70.44.901
70.44.902
70.44.903
70.44.910
Plan to construct or improve—General obligation bonds.
Bonds—Payment—Security for deposits.
Contracts for material and work—Call for bids—Alternative
procedures—Exemptions.
Treasurer—Duties—Funds—Depositaries—Surety bonds,
cost.
Change of district boundary lines to allow farm units to be
wholly within one hospital district—Notice.
Consolidation of districts.
Annexation of territory.
Alternate method of annexation—Contents of resolution calling for election.
Alternate method of annexation—Publication and contents of
notice of hearing—Hearing—Resolution—Special election.
Alternate method of annexation—Conduct and canvass of
election—Notice—Ballot.
Withdrawal or reannexation of areas.
Contracting or joining with other districts, hospitals, corporations, or individuals to provide services or facilities.
Contracts for purchase of real or personal property.
Sale of surplus real property.
Lease of surplus real property.
Evaluation criteria and requirements for acquisition of district
hospitals.
Disposal of surplus personal property.
Dividing a district.
Dividing a district—Plan.
Dividing a district—Petition to court, hearing, order.
Dividing a district—Election—Creation of new districts—
Challenges.
Withdrawal of territory from public hospital district.
Rural public hospital districts—Cooperative agreements and
contracts.
Rural public hospital district defined.
Chapter not applicable to certain transfers of property.
Severability—Construction—1945 c 264.
Severability—Construction—1974 ex.s. c 165.
Severability—1982 c 84.
Savings—1982 c 84.
Construction—1945 c 264.
County hospitals: Chapter 36.62 RCW.
Chapter 70.44
Chapter 70.44 RCW
PUBLIC HOSPITAL DISTRICTS
Sections
70.44.003
70.44.007
70.44.010
70.44.015
70.44.016
70.44.020
70.44.028
70.44.030
70.44.035
70.44.040
70.44.041
70.44.042
70.44.045
70.44.047
70.44.050
70.44.053
70.44.054
70.44.056
70.44.059
70.44.060
70.44.062
70.44.065
70.44.067
70.44.070
70.44.080
70.44.090
Purpose.
Definitions.
Districts authorized.
Validation of existing districts.
Validation of districts.
Resolution—Petition for county-wide district—Conduct of
elections.
Limitation on legal challenges.
Petition for lesser district—Procedure.
Petition for district lying in more than one county—Procedure.
Elections—Commissioners, terms, districts.
Validity of appointment or election of commissioners—Compliance with 1994 c 223.
Commissioner districts—Resolution to abolish—Proposition
to reestablish.
Commissioners—Vacancies.
Redrawn boundaries—Assignment of commissioners to districts.
Commissioners—Compensation and expenses—Insurance—
Resolutions by majority vote—Officers—Rules—Seal—
Records.
Increase in number of commissioners—Proposition to voters.
Increase in number of commissioners—Commissioner districts.
Increase in number of commissioners—Appointments—Election—Terms.
Chaplains—Authority to employ.
Powers and duties.
Commissioners’ meetings, proceedings, and deliberations
concerning health care providers’ clinical or staff privileges
to be confidential—Final action in public session.
Levy for emergency medical care and services.
Community revitalization financing—Public improvements.
Superintendent—Appointment—Removal—Compensation.
Superintendent—Powers.
Superintendent—Duties.
[Title 70 RCW—page 70]
Limitation of indebtedness prescribed: RCW 39.36.020.
Tortious conduct of political subdivisions, municipal corporations and quasi
municipal corporations, liability for damages: Chapter 4.96 RCW.
70.44.003
70.44.003 Purpose. The purpose of chapter 70.44
RCW is to authorize the establishment of public hospital districts to own and operate hospitals and other health care facilities and to provide hospital services and other health care
services for the residents of such districts and other persons.
[1982 c 84 § 1.]
70.44.007
70.44.007 Definitions. As used in this chapter, the following words have the meanings indicated:
(1) "Other health care facilities" means nursing home,
extended care, long-term care, outpatient and rehabilitative
facilities, ambulances, and such other facilities as are appropriate to the health needs of the population served.
(2) "Other health care services" means nursing home,
extended care, long-term care, outpatient, rehabilitative,
health maintenance, and ambulance services and such other
services as are appropriate to the health needs of the population served.
(3) "Public hospital district" or "district" means public
health care service district. [1997 c 332 § 15; 1982 c 84 § 12;
1974 ex.s. c 165 § 5.]
Severability—1997 c 332: See RCW 70.45.900.
70.44.010
70.44.010 Districts authorized. Municipal corporations, to be known as public hospital districts, are hereby
authorized and may be established within the several counties
(2006 Ed.)
Public Hospital Districts
of the state as hereinafter provided. [1947 c 225 § 1; 1945 c
264 § 2; Rem. Supp. 1947 § 6090-31. FORMER PART OF
SECTION: 1945 c 264 § 1 now codified as RCW 70.44.005.]
70.44.015
70.44.015 Validation of existing districts. Each and
all of the respective areas of land heretofore attempted to be
organized into public hospital districts under the provisions
of this chapter are validated and declared to be duly existing
hospital districts having the respective boundaries set forth in
their organization proceedings as shown by the files in the
office of the board of county commissioners of the county in
question, and by the files of such districts. [1955 c 135 § 2.]
70.44.016
70.44.016 Validation of districts. Each and all of the
respective areas of land attempted to be organized into public
hospital districts prior to June 10, 1982, under the provisions
of chapter 70.44 RCW where the canvass of the election on
the proposition of creating a public hospital district shows the
passage of the proposition are validated and declared to be
duly existing public hospital districts having the respective
boundaries set forth in their organization proceedings as
shown by the files in the office of the legislative authority of
the county in question, and by the files of such districts.
[1982 c 84 § 10.]
70.44.020
70.44.020 Resolution—Petition for county-wide district—Conduct of elections. At any general election or at
any special election which may be called for that purpose the
county legislative authority of a county may, or on petition of
ten percent of the registered voters of the county based on the
total vote cast in the last general county election, shall, by
resolution, submit to the voters of the county the proposition
of creating a public hospital district coextensive with the limits of the county. The petition shall be filed with the county
auditor, who shall within fifteen days examine the signatures
thereon and certify to the sufficiency thereof, and for that
purpose the auditor shall have access to all registration books
in the possession of election officers in the county. If the petition is found to be insufficient, it shall be returned to the persons filing it, who may amend or add names thereto for ten
days, when it shall be returned to the auditor, who shall have
an additional fifteen days to examine it and attach the certificate thereto. No person signing the petition may withdraw his
or her name therefrom after filing. When the petition is certified as sufficient, the auditor shall forthwith transmit it,
together with the certificate of sufficiency attached thereto, to
the county legislative authority, who shall immediately transmit the proposition to the supervisor of elections or other
election officer of the county, and he shall submit the proposition to the voters at the next general election or if such petition so requests, shall call a special election on such proposition in accordance with *RCW 29.13.010 and 29.13.020. The
notice of the election shall state the boundaries of the proposed district and the object of the election, and shall in other
respects conform to the requirements of law governing the
time and manner of holding elections. In submitting the question to the voters, the proposition shall be expressed on the
ballot substantially in the following terms:
For public hospital district No. . . . .
(2006 Ed.)
70.44.035
Against public hospital district No. . . . . [1990 c 259 §
38; 1955 c 135 § 1; 1945 c 264 § 3; Rem. Supp. 1945 § 609032.]
*Reviser’s note: RCW 29.13.010 and 29.13.020 were recodified as
RCW 29A.04.320 and 29A.04.330, respectively, pursuant to 2003 c 111 §
2401, effective July 1, 2004. RCW 29A.04.320 was subsequently repealed
by 2004 c 271 § 193. Later enactment of RCW 29A.04.320, see RCW
29A.04.321.
70.44.028
70.44.028 Limitation on legal challenges. Unless
commenced within thirty days after the date of the filing of
the certificate of the canvass of an election on the proposition
of creating a new public hospital district pursuant to chapter
70.44 RCW, no lawsuit whatever may be maintained challenging in any way the legal existence of such district or the
validity of the proceedings had for the organization and creation thereof. If the creation of a district is not challenged
within the period specified in this section, the district conclusively shall be deemed duly and regularly organized under
the laws of this state. [1982 c 84 § 9.]
70.44.030
70.44.030 Petition for lesser district—Procedure.
Any petition for the formation of a public hospital district
may describe a less area than the entire county in which the
petition is filed, the boundaries of which shall follow the then
existing precinct boundaries and not divide any voting precinct; and in the event that such a petition is filed containing
not less than ten percent of the voters of the proposed district
who voted at the last general election, certified by the auditor
in like manner as for a county-wide district, the board of
county commissioners shall fix a date for a hearing on such
petition, and shall publish the petition, without the signatures
thereto appended, for two weeks prior to the date of the hearing, together with a notice stating the time of the meeting
when such petition will be heard. Such publications required
by this chapter shall be in a newspaper published in the proposed or established public hospital district, or, if there be no
such newspaper, then in a newspaper published in the county
in which such district is situated, and of general circulation in
such county. The hearing on such petition may be adjourned
from time to time, not exceeding four weeks in all. If upon the
final hearing the board of county commissioners shall find
that any lands have been unjustly or improperly included
within the proposed public hospital district the said board
shall change and fix the boundary lines in such manner as it
shall deem reasonable and just and conducive to the welfare
and convenience, and make and enter an order establishing
and defining the boundary lines of the proposed public hospital district: PROVIDED, That no lands shall be included
within the boundaries so fixed lying outside the boundaries
described in the petition, except upon the written request of
the owners of such lands. Thereafter the same procedure shall
be followed as prescribed in this chapter for the formation of
a public hospital district including an entire county, except
that the petition and election shall be confined solely to the
lesser public hospital district. [1945 c 264 § 4; Rem. Supp.
1945 § 6090-33.]
70.44.035
70.44.035 Petition for district lying in more than one
county—Procedure. Any petition for the formation of a
public hospital district may describe an area lying in more
[Title 70 RCW—page 71]
70.44.040
Title 70 RCW: Public Health and Safety
than one county, the boundaries of which shall follow the
then existing precinct boundaries and not divide a voting precinct; and if a petition is filed with the county auditor of the
respective counties in which a portion of the proposed district
is located, containing not less than ten percent of the voters of
that area of each county of the proposed district who voted at
the last general election, certified by the said respective auditors in like manner as for a county-wide district, the board of
county commissioners of each of the counties in which a portion of the proposed district is located shall fix a date for a
hearing on the petition, and shall publish the petition, without
the signatures thereto appended, for two weeks prior to the
hearing, together with a notice stating the time of the meeting
when the petition will be heard. The publication required by
this chapter shall be in a newspaper published in the portion
of each county lying within the proposed district, or if there
be no such newspaper published in any such portion of a
county, then in one published in the county wherein such portion of said district is situated, and of general circulation in
the county. The hearing before the respective county commissioners may be adjourned from time to time not exceeding four weeks in all. If upon the final hearing the respective
boards of county commissioners find that any land has been
unjustly or improperly included within the proposed district
they may change and fix the boundary lines of the portion of
said district located within their respective counties in such
manner as they deem reasonable and just and conducive to
the welfare and convenience, and enter an order establishing
and defining the boundary lines of the proposed district
located within their respective counties: PROVIDED, That
no lands shall be included within the boundaries so fixed
lying outside the boundaries described in the petition, except
upon the written request of the owners of the land to be so
included. Thereafter the same procedure shall be followed as
prescribed for the formation of a district including an entire
county, except that the petition and election shall be confined
solely to the portions of each county lying within the proposed district. [1953 c 267 § 1.]
70.44.040
70.44.040 Elections—Commissioners, terms, districts. (1) The provisions of Title 29A RCW relating to elections shall govern public hospital districts, except as provided
in this chapter.
A public hospital district shall be created when the ballot
proposition authorizing the creation of the district is
approved by a simple majority vote of the voters of the proposed district voting on the proposition and the total vote cast
upon the proposition exceeds forty percent of the total number of votes cast in the proposed district at the preceding state
general election.
A public hospital district initially may be created with
three, five, or seven commissioner districts. At the election at
which the proposition is submitted to the voters as to whether
a district shall be formed, three, five, or seven commissioners
shall be elected from either three, five, or seven commissioner districts, or at-large positions, or both, as determined
by resolution of the county commissioners of the county or
counties in which the proposed public hospital district is
located, all in accordance with RCW 70.44.054. The election
of the initial commissioners shall be null and void if the district is not authorized to be created.
[Title 70 RCW—page 72]
No primary shall be held. A special filing period shall be
opened as provided in RCW 29A.24.171 and 29A.24.181.
The person receiving the greatest number of votes for the
commissioner of each commissioner district or at-large position shall be elected as the commissioner of that district. The
terms of office of the initial public hospital district commissioners shall be staggered, with the length of the terms
assigned so that the person or persons who are elected receiving the greater number of votes being assigned a longer term
or terms of office and each term of an initial commissioner
running until a successor assumes office who is elected at one
of the next three following district general elections the first
of which occurs at least one hundred twenty days after the
date of the election where voters approved the ballot proposition creating the district, as follows:
(a) If the public hospital district will have three commissioners, the successor to one initial commissioner shall be
elected at such first following district general election, the
successor to one initial commissioner shall be elected at the
second following district general election, and the successor
to one initial commissioner shall be elected at the third following district general election;
(b) If the public hospital district will have five commissioners, the successor to one initial commissioner shall be
elected at such first following district general election, the
successors to two initial commissioners shall be elected at the
second following district general election, and the successors
to two initial commissioners shall be elected at the third following district general election;
(c) If the public hospital district will have seven commissioners, the successors to two initial commissioners shall be
elected at such first following district general election, the
successors to two initial commissioners shall be elected at the
second following district general election, and the successors
to three initial commissioners shall be elected at the third following district general election.
The initial commissioners shall take office immediately
when they are elected and qualified. The term of office of
each successor shall be six years. Each commissioner shall
serve until a successor is elected and qualified and assumes
office in accordance with RCW 29A.20.040.
(2) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a
commissioner of the commissioner district. Voters of the
entire public hospital district may vote at a primary or general
election to elect a person as a commissioner of the commissioner district.
If the proposed public hospital district initially will have
three commissioner districts and the public hospital district is
county-wide, and if the county has three county legislative
authority districts, the county legislative authority districts
shall be used as public hospital district commissioner districts. In all other instances the county auditor of the county
in which all or the largest portion of the proposed public hospital district is located shall draw the initial public hospital
district commissioner districts and designate at-large positions, if appropriate, as provided in RCW 70.44.054. Each of
the commissioner positions shall be numbered consecutively
and associated with the commissioner district or at-large
position of the same number.
(2006 Ed.)
Public Hospital Districts
70.44.053
The commissioners of a public hospital district that is not
coterminous with the boundaries of a county that has three
county legislative authority districts shall at the times
required in chapter 29A.76 RCW and may from time to time
redraw commissioner district boundaries in a manner consistent with chapter 29A.76 RCW.
(3) No person may hold office as a commissioner while
serving as an employee of the public hospital district. [2006
c 322 § 1; 1997 c 99 § 1; 1994 c 223 § 78; 1990 c 259 § 39;
1979 ex.s. c 126 § 41; 1957 c 11 § 1; 1955 c 82 § 1; 1953 c
267 § 2; 1947 c 229 § 1; 1945 c 264 § 5; Rem. Supp. 1947 §
6090-34.]
sioner district or districts in which less than the correct number of commissioners associated with commissioner districts
reside. The commissioner or commissioners who are so
assigned shall be those with the shortest unexpired term or
terms of office, but if the number of such commissioners with
the same terms of office exceeds the number that are to be
assigned, the board of commissioners shall select by lot from
those commissioners which one or ones are assigned. A commissioner who is so assigned shall be deemed to be a resident
of the commissioner district to which he or she is assigned for
purposes of determining whether a position is vacant. [1997
c 99 § 6.]
Effective date—1997 c 99: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 21, 1997]." [1997 c 99 § 8.]
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
*Reviser’s note: Chapter 29.70 RCW was recodified as chapter
29A.76 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Effective date—1997 c 99: See note following RCW 70.44.040.
70.44.041 Validity of appointment or election of commissioners—Compliance with 1994 c 223. No appointment
to fill a vacant position on or election to the board of commissioners of any public hospital district made after June 9,
1994, and before April 21, 1997, is deemed to be invalid
solely due to the public hospital district’s failure to redraw its
commissioner district boundaries if necessary to comply with
chapter 223, Laws of 1994. [1997 c 99 § 7.]
70.44.041
Effective date—1997 c 99: See note following RCW 70.44.040.
70.44.042 Commissioner districts—Resolution to
abolish—Proposition to reestablish. Notwithstanding any
provision in RCW 70.44.040 to the contrary, any board of
public hospital district commissioners may, by resolution,
abolish commissioner districts and permit candidates for any
position on the board to reside anywhere in the public hospital district.
At any general or special election which may be called
for that purpose, the board of public hospital district commissioners may, or on petition of ten percent of the voters based
on the total vote cast in the last district general election in the
public hospital district shall, by resolution, submit to the voters of the district the proposition to reestablish commissioner
districts. [1997 c 99 § 2; 1967 c 227 § 2.]
70.44.042
Effective date—1997 c 99: See note following RCW 70.44.040.
70.44.045 Commissioners—Vacancies. A vacancy in
the office of commissioner shall occur as provided in chapter
42.12 RCW or by nonattendance at meetings of the commission for sixty days, unless excused by the commission. A
vacancy shall be filled as provided in chapter 42.12 RCW.
[1994 c 223 § 79; 1982 c 84 § 13; 1955 c 82 § 2.]
70.44.045
70.44.047 Redrawn boundaries—Assignment of
commissioners to districts. If, as the result of redrawing the
boundaries of commissioner districts as permitted or required
under the provisions of this chapter, *chapter 29.70 RCW, or
any other statute, more than the correct number of commissioners who are associated with commissioner districts reside
in the same commissioner district, a commissioner or commissioners residing in that redrawn commissioner district
equal in number to the number of commissioners in excess of
the correct number shall be assigned to the drawn commis70.44.047
(2006 Ed.)
70.44.050 Commissioners—Compensation and
expenses—Insurance—Resolutions by majority vote—
Officers—Rules—Seal—Records. A district shall provide
by resolution for the payment of compensation to each of its
commissioners at a rate of seventy dollars for each day or
portion thereof devoted to the business of the district, and
days upon which he or she attends meetings of the commission of his or her own district, or meetings attended by one or
more commissioners of two or more districts called to consider business common to them, except that the total compensation paid to such commissioner during any one year shall
not exceed six thousand seven hundred twenty dollars. The
commissioners may not be compensated for services performed of a ministerial or professional nature.
Any commissioner may waive all or any portion of his or
her compensation payable under this section as to any month
or months during his or her term of office, by a written waiver
filed with the district as provided in this section. The waiver,
to be effective, must be filed any time after the commissioner’s election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the
month or period of months for which it is made.
Any district providing group insurance for its employees, covering them, their immediate family, and dependents,
may provide insurance for its commissioners with the same
coverage. Each commissioner shall be reimbursed for reasonable expenses actually incurred in connection with such business and meetings, including his or her subsistence and lodging and travel while away from his or her place of residence.
No resolution shall be adopted without a majority vote of the
whole commission. The commission shall organize by election of its own members of a president and secretary, shall by
resolution adopt rules governing the transaction of its business and shall adopt an official seal. All proceedings of the
commission shall be by motion or resolution recorded in a
book or books kept for such purpose, which shall be public
records. [1998 c 121 § 7; 1985 c 330 § 7; 1982 c 84 § 14;
1975 c 42 § 1; 1965 c 157 § 1; 1945 c 264 § 15; Rem. Supp.
1945 § 6090-44.]
70.44.050
70.44.053 Increase in number of commissioners—
Proposition to voters. At any general or special election
which may be called for that purpose the board of public hospital district commissioners may, or on petition of ten percent
of the voters based on the total vote cast in the last district
70.44.053
[Title 70 RCW—page 73]
70.44.054
Title 70 RCW: Public Health and Safety
general election in the public hospital district shall, by resolution, submit to the voters of the district the proposition
increasing the number of commissioners to either five or
seven members. The petition or resolution shall specify
whether it is proposed to increase the number of commissioners to either five or seven members. [1997 c 99 § 3; 1994 c
223 § 80; 1967 c 77 § 2.]
Effective date—1997 c 99: See note following RCW 70.44.040.
70.44.054
70.44.054 Increase in number of commissioners—
Commissioner districts. If the voters of the district approve
the ballot proposition authorizing the increase in the number
of commissioners to either five or seven members, the additional commissioners shall be elected at large from the entire
district; provided that, the board of commissioners of the district may by resolution redistrict the public hospital district
into five commissioner districts if the district has five commissioners or seven commissioner districts if the district has
seven commissioners. The board of commissioners shall
draw the boundaries of each commissioner district to include
as nearly as possible equal portions of the total population of
the public hospital district.
If the board of commissioners increases the number of
commissioner districts as provided in this section, one commissioner shall be elected from each commissioner district,
and no commissioner may be elected from a commissioner
district in which another commissioner resides. [1997 c 99 §
4.]
Effective date—1997 c 99: See note following RCW 70.44.040.
term; (2) when the number of commissioners is increased
from three or five to seven, the terms of the new commissioners shall be staggered over the next three district general elections so that two commissioners will be elected at the first
district general election following the election where the
additional commissioners are elected, two commissioners
will be at the second district general election after the election
of the additional commissioners, and three commissioners
will be elected at the third district general election following
the election of the additional commissioners, with the persons
elected receiving the greatest number of votes elected to
serve the longest terms. [1997 c 99 § 5.]
*Reviser’s note: RCW 29.15.170, 29.15.180, and 29.04.170 were
recodified as RCW 29A.24.170, 29A.24.180, and 29A.20.040, respectively,
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.24.170 and
29A.24.180 were subsequently repealed by 2004 c 271 § 193. Later enactment of RCW 29A.24.170 and 29A.24.180, see RCW 29A.24.171 and
29A.24.181.
Effective date—1997 c 99: See note following RCW 70.44.040.
70.44.059
70.44.059 Chaplains—Authority to employ. Public
hospital districts may employ chaplains for their hospitals,
health care facilities, and hospice programs. [1993 c 234 §
1.]
Contingent effective date—1993 c 234: "This act shall take effect on
January 1, 1994, if the proposed amendment to Article I, section 11 of the
state Constitution authorizing the legislature to permit public hospital districts to employ chaplains is validly submitted to and is approved and ratified
by the voters at the next general election held. If the proposed amendment is
not so approved and ratified, this act is void in its entirety." [1993 c 234 § 2.]
House Joint Resolution No. 4200 was approved by the voters on November
2, 1993.
70.44.056
70.44.056 Increase in number of commissioners—
Appointments—Election—Terms. In all existing public
hospital districts in which an increase in the number of district commissioners is proposed, the additional commissioner
positions shall be deemed to be vacant and the board of commissioners of the public hospital district shall appoint qualified persons to fill those vacancies in accordance with RCW
42.12.070.
Each person who is appointed shall serve until a qualified person is elected at the next general election of the district occurring one hundred twenty days or more after the date
of the election at which the voters of the district approved the
ballot proposition authorizing the increase in the number of
commissioners. If needed, special filing periods shall be
authorized as provided in *RCW 29.15.170 and 29.15.180
for qualified persons to file for the vacant office. A primary
shall be held to nominate candidates if sufficient time exists
to hold a primary and more than two candidates file for the
vacant office. Otherwise, no primary shall be held and the
candidate receiving the greatest number of votes for each
position shall be elected. Except for the initial terms of office,
persons elected to each of these additional commissioner
positions shall be elected to a six-year term. The newly
elected commissioners shall assume office as provided in
*RCW 29.04.170.
The initial terms of the new commissioners shall be staggered as follows: (1) When the number of commissioners is
increased from three to five, the person elected receiving the
greatest number of votes shall be elected to a six-year term of
office, and the other person shall be elected to a four-year
[Title 70 RCW—page 74]
70.44.060
70.44.060 Powers and duties. All public hospital districts organized under the provisions of this chapter shall
have power:
(1) To make a survey of existing hospital and other
health care facilities within and without such district.
(2) To construct, condemn and purchase, purchase,
acquire, lease, add to, maintain, operate, develop and regulate, sell and convey all lands, property, property rights,
equipment, hospital and other health care facilities and systems for the maintenance of hospitals, buildings, structures,
and any and all other facilities, and to exercise the right of
eminent domain to effectuate the foregoing purposes or for
the acquisition and damaging of the same or property of any
kind appurtenant thereto, and such right of eminent domain
shall be exercised and instituted pursuant to a resolution of
the commission and conducted in the same manner and by the
same procedure as in or may be provided by law for the exercise of the power of eminent domain by incorporated cities
and towns of the state of Washington in the acquisition of
property rights: PROVIDED, That no public hospital district
shall have the right of eminent domain and the power of condemnation against any health care facility.
(3) To lease existing hospital and other health care facilities and equipment and/or other property used in connection
therewith, including ambulances, and to pay such rental
therefor as the commissioners shall deem proper; to provide
hospital and other health care services for residents of said
district by facilities located outside the boundaries of said
district, by contract or in any other manner said commissioners may deem expedient or necessary under the existing con(2006 Ed.)
Public Hospital Districts
ditions; and said hospital district shall have the power to contract with other communities, corporations, or individuals for
the services provided by said hospital district; and they may
further receive in said hospitals and other health care facilities and furnish proper and adequate services to all persons
not residents of said district at such reasonable and fair compensation as may be considered proper: PROVIDED, That it
must at all times make adequate provision for the needs of the
district and residents of said district shall have prior rights to
the available hospital and other health care facilities of said
district, at rates set by the district commissioners.
(4) For the purpose aforesaid, it shall be lawful for any
district so organized to take, condemn and purchase, lease, or
acquire, any and all property, and property rights, including
state and county lands, for any of the purposes aforesaid, and
any and all other facilities necessary or convenient, and in
connection with the construction, maintenance, and operation
of any such hospitals and other health care facilities, subject,
however, to the applicable limitations provided in subsection
(2) of this section.
(5) To contract indebtedness or borrow money for corporate purposes on the credit of the corporation or the revenues
of the hospitals thereof, and the revenues of any other facilities or services that the district is or hereafter may be authorized by law to provide, and to issue and sell: (a) Revenue
bonds, revenue warrants, or other revenue obligations therefor payable solely out of a special fund or funds into which
the district may pledge such amount of the revenues of the
hospitals thereof, and the revenues of any other facilities or
services that the district is or hereafter may be authorized by
law to provide, to pay the same as the commissioners of the
district may determine, such revenue bonds, warrants, or
other obligations to be issued and sold in the same manner
and subject to the same provisions as provided for the issuance of revenue bonds, warrants, or other obligations by cities or towns under the Municipal Revenue Bond Act, chapter
35.41 RCW, as may hereafter be amended; (b) general obligation bonds therefor in the manner and form as provided in
RCW 70.44.110 and 70.44.130, as may hereafter be
amended; or (c) interest-bearing warrants to be drawn on a
fund pending deposit in such fund of money sufficient to
redeem such warrants and to be issued and paid in such manner and upon such terms and conditions as the board of commissioners may deem to be in the best interest of the district;
and to assign or sell hospital accounts receivable, and
accounts receivable for the use of other facilities or services
that the district is or hereafter may be authorized by law to
provide, for collection with or without recourse. General
obligation bonds shall be issued and sold in accordance with
chapter 39.46 RCW. Revenue bonds, revenue warrants, or
other revenue obligations may be issued and sold in accordance with chapter 39.46 RCW.
(6) To raise revenue by the levy of an annual tax on all
taxable property within such public hospital district not to
exceed fifty cents per thousand dollars of assessed value, and
an additional annual tax on all taxable property within such
public hospital district not to exceed twenty-five cents per
thousand dollars of assessed value, or such further amount as
has been or shall be authorized by a vote of the people.
Although public hospital districts are authorized to impose
two separate regular property tax levies, the levies shall be
(2006 Ed.)
70.44.060
considered to be a single levy for purposes of the limitation
provided for in chapter 84.55 RCW. Public hospital districts
are authorized to levy such a general tax in excess of their
regular property taxes when authorized so to do at a special
election conducted in accordance with and subject to all of
the requirements of the Constitution and the laws of the state
of Washington now in force or hereafter enacted governing
the limitation of tax levies. The said board of district commissioners is authorized and empowered to call a special
election for the purpose of submitting to the qualified voters
of the hospital district a proposition or propositions to levy
taxes in excess of its regular property taxes. The superintendent shall prepare a proposed budget of the contemplated
financial transactions for the ensuing year and file the same in
the records of the commission on or before the first day of
November. Notice of the filing of said proposed budget and
the date and place of hearing on the same shall be published
for at least two consecutive weeks, at least one time each
week, in a newspaper printed and of general circulation in
said county. On or before the fifteenth day of November the
commission shall hold a public hearing on said proposed
budget at which any taxpayer may appear and be heard
against the whole or any part of the proposed budget. Upon
the conclusion of said hearing, the commission shall, by resolution, adopt the budget as finally determined and fix the
final amount of expenditures for the ensuing year. Taxes levied by the commission shall be certified to and collected by
the proper county officer of the county in which such public
hospital district is located in the same manner as is or may be
provided by law for the certification and collection of port
district taxes. The commission is authorized, prior to the
receipt of taxes raised by levy, to borrow money or issue warrants of the district in anticipation of the revenue to be
derived by such district from the levy of taxes for the purpose
of such district, and such warrants shall be redeemed from the
first money available from such taxes when collected, and
such warrants shall not exceed the anticipated revenues of
one year, and shall bear interest at a rate or rates as authorized
by the commission.
(7) To enter into any contract with the United States government or any state, municipality, or other hospital district,
or any department of those governing bodies, for carrying out
any of the powers authorized by this chapter.
(8) To sue and be sued in any court of competent jurisdiction: PROVIDED, That all suits against the public hospital district shall be brought in the county in which the public
hospital district is located.
(9) To pay actual necessary travel expenses and living
expenses incurred while in travel status for (a) qualified physicians or other health care practitioners who are candidates
for medical staff positions, and (b) other qualified persons
who are candidates for superintendent or other managerial
and technical positions, which expenses may include
expenses incurred by family members accompanying the
candidate, when the district finds that hospitals or other
health care facilities owned and operated by it are not adequately staffed and determines that personal interviews with
said candidates to be held in the district are necessary or
desirable for the adequate staffing of said facilities.
(10) To employ superintendents, attorneys, and other
technical or professional assistants and all other employees;
[Title 70 RCW—page 75]
70.44.062
Title 70 RCW: Public Health and Safety
to make all contracts useful or necessary to carry out the provisions of this chapter, including, but not limited to, (a) contracts with private or public institutions for employee retirement programs, and (b) contracts with current or prospective
employees, physicians, or other health care practitioners providing for the payment or reimbursement by the public hospital district of health care training or education expenses,
including but not limited to debt obligations, incurred by current or prospective employees, physicians, or other health
care practitioners in return for their agreement to provide services beneficial to the public hospital district; to print and
publish information or literature; and to do all other things
necessary to carry out the provisions of this chapter. [2003 c
125 § 1; 2001 c 76 § 1; 1997 c 3 § 206 (Referendum Bill No.
47, approved November 4, 1997); 1990 c 234 § 2; 1984 c 186
§ 59; 1983 c 167 § 172; 1982 c 84 § 15; 1979 ex.s. c 155 § 1;
1979 ex.s. c 143 § 4; 1977 ex.s. c 211 § 1; 1974 ex.s. c 165 §
2; 1973 1st ex.s. c 195 § 83; 1971 ex.s. c 218 § 2; 1970 ex.s.
c 56 § 85; 1969 ex.s. c 65 § 1; 1967 c 164 § 7; 1965 c 157 §
2; 1949 c 197 § 18; 1945 c 264 § 6; Rem. Supp. 1949 § 609035.]
(2) All meetings, proceedings, and deliberations of a
quality improvement committee established under RCW
4.24.250, 43.70.510, or 70.41.200 and all meetings, proceedings, and deliberations of the board of commissioners, its
staff or agents, to review the report or the activities of a quality improvement committee established under RCW
4.24.250, 43.70.510, or 70.41.200 may, at the discretion of
the quality improvement committee or the board of commissioners, be confidential and may be conducted in executive
session. Any review conducted by the board of commissioners or quality improvement committee, or their staffs or
agents, shall be subject to the same protections, limitations,
and exemptions that apply to quality improvement committee
activities under RCW 4.24.240, 4.24.250, 43.70.510, and
70.41.200. However, any final action of the board of commissioners on the report of the quality improvement committee shall be done in public session. [2005 c 169 § 1; 1985 c
166 § 1.]
70.44.065
70.44.065 Levy for emergency medical care and services. See RCW 84.52.069.
Intent—1997 c 3 §§ 201-207: See note following RCW 84.55.010.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1979 ex.s. c 155: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 155 § 3.]
Severability—1979 ex.s. c 143: See note following RCW 70.44.200.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
70.44.067
70.44.067 Community revitalization financing—
Public improvements. In addition to other authority that a
public hospital district possesses, a public hospital district
may provide any public improvement as defined under RCW
39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a public hospital district to otherwise participate in the public improvements if that authority exists elsewhere. [2001 c 212 § 22.]
Severability—2001 c 212: See RCW 39.89.902.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
70.44.070
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Eminent domain
by cities: Chapter 8.12 RCW.
generally: State Constitution Art. 1 § 16.
Limitation on levies: State Constitution Art. 7 § 2; RCW 84.52.050.
Port districts, collection of taxes: RCW 53.36.020.
Tortious conduct of political subdivisions, municipal corporations and
quasi-municipal corporations, liability for damages: Chapter 4.96
RCW.
70.44.062
70.44.062 Commissioners’ meetings, proceedings,
and deliberations concerning health care providers’ clinical or staff privileges to be confidential—Final action in
public session. (1) All meetings, proceedings, and deliberations of the board of commissioners, its staff or agents, concerning the granting, denial, revocation, restriction, or other
consideration of the status of the clinical or staff privileges of
a physician or other health care provider as that term is
defined in RCW 7.70.020, if such other providers at the discretion of the district’s commissioners are considered for
such privileges, shall be confidential and may be conducted
in executive session: PROVIDED, That the final action of
the board as to the denial, revocation, or restriction of clinical
or staff privileges of a physician or other health care provider
as defined in RCW 7.70.020 shall be done in public session.
[Title 70 RCW—page 76]
7 0 . 4 4 . 0 70 Su p e r in t e n de nt — Ap po i nt m e n t —
Removal—Compensation. (1) The public hospital district
commission shall appoint a superintendent, who shall be
appointed for an indefinite time and be removable at the will
of the commission. Appointments and removals shall be by
resolution, introduced at a regular meeting and adopted at a
subsequent regular meeting by a majority vote. The superintendent shall receive such compensation as the commission
shall fix by resolution.
(2) Where a public hospital district operates more than
one hospital, the commission may in its discretion appoint up
to one superintendent per hospital and assign among the
superintendents the powers and duties set forth in RCW
70.44.080 and 70.44.090 as deemed appropriate by the commission. [1987 c 58 § 1; 1982 c 84 § 16; 1945 c 264 § 7;
Rem. Supp. 1945 § 6090-36.]
70.44.080
70.44.080 Superintendent—Powers. (1) The superintendent shall be the chief administrative officer of the public
district hospital and shall have control of administrative functions of the district. The superintendent shall be responsible
to the commission for the efficient administration of all
affairs of the district. In case of the absence or temporary disability of the superintendent a competent person shall be
appointed by the commission. The superintendent shall be
entitled to attend all meetings of the commission and its com(2006 Ed.)
Public Hospital Districts
mittees and to take part in the discussion of any matters pertaining to the district, but shall have no vote.
(2) Where the commission has appointed more than one
superintendent as provided in RCW 70.44.070, the commission shall assign among the superintendents the powers set
forth in this section as deemed appropriate by the commission. [1987 c 58 § 2; 1982 c 84 § 17; 1945 c 264 § 9; Rem.
Supp. 1945 § 6090-38.]
70.44.140
trict available for such purpose, to pay said interest and principal of said bonds, which tax shall be due and collectible as
any other tax. All bonds and warrants issued under the
authority of this chapter shall be legal securities, which may
be used by any bank or trust company for deposit with the
state treasurer, or any county or city treasurer, as security for
deposits, in lieu of a surety bond, under any law relating to
deposits of public moneys. [1984 c 186 § 61; 1971 ex.s. c
218 § 3; 1945 c 264 § 14; Rem. Supp. 1945 § 6090-43.]
70.44.090
70.44.090 Superintendent—Duties. (1) The public
hospital district superintendent shall have the power, and
duty:
(a) To carry out the orders of the commission, and to see
that all the laws of the state pertaining to matters within the
functions of the district are duly enforced.
(b) To keep the commission fully advised as to the financial condition and needs of the district. To prepare, each year,
an estimate for the ensuing fiscal year of the probable
expenses of the district, and to recommend to the commission
what development work should be undertaken, and what
extensions and additions, if any, should be made, during the
ensuing fiscal year, with an estimate of the costs of such
development work, extensions and additions. To certify to
the commission all the bills, allowances and payrolls, including claims due contractors of public works. To recommend to
the commission a range of salaries to be paid to district
employees.
(2) Where the commission has appointed more than one
superintendent as provided in RCW 70.44.070, the commission shall assign among the superintendents the duties set
forth in this section as deemed appropriate by the commission. [1987 c 58 § 3; 1982 c 84 § 18; 1945 c 264 § 11; Rem.
Supp. 1945 § 6090-40.]
70.44.110
70.44.110 Plan to construct or improve—General
obligation bonds. Whenever the commission deems it
advisable that the district acquire or construct a public hospital, or other health care facilities, or make additions or betterments thereto, or extensions thereof, it shall provide therefor
by resolution, which shall specify and adopt the plan proposed, declare the estimated cost thereof, and specify the
amount of indebtedness to be incurred therefor. General
indebtedness may be incurred by the issuance of general obligation bonds or short-term obligations in anticipation of such
bonds. General obligation bonds shall mature in not to exceed
thirty years. The incurring of such indebtedness shall be subject to the applicable limitations and requirements provided
in section 1, chapter 143, Laws of 1917, as last amended by
section 4, chapter 107, Laws of 1967, and RCW 39.36.020, as
now or hereafter amended. Such general obligation bonds
shall be issued and sold in accordance with chapter 39.46
RCW. [1984 c 186 § 60; 1974 ex.s. c 165 § 3; 1969 ex.s. c 65
§ 2; 1955 c 56 § 1; 1945 c 264 § 12; Rem. Supp. 1945 § 609041.]
Purpose—1984 c 186: See note following RCW 39.46.110.
70.44.130
70.44.130 Bonds—Payment—Security for deposits.
The principal and interest of such general bonds shall be paid
by levying each year a tax upon the taxable property within
the district sufficient, together with other revenues of the dis(2006 Ed.)
Purpose—1984 c 186: See note following RCW 39.46.110.
70.44.140
70.44.140 Contracts for material and work—Call for
bids—Alternative procedures—Exemptions. (1) All
materials purchased and work ordered, the estimated cost of
which is in excess of fifty thousand dollars, shall be by contract. Before awarding any such contract, the commission
shall publish a notice at least thirteen days before the last date
upon which bids will be received, inviting sealed proposals
for such work. The plans and specifications must at the time
of the publication of such notice be on file at the office of the
public hospital district, subject to public inspection: PROVIDED, HOWEVER, That the commission may at the same
time, and as part of the same notice, invite tenders for the
work or materials upon plans and specifications to be submitted by bidders. The notice shall state generally the work to be
done, and shall call for proposals for doing the same, to be
sealed and filed with the commission on or before the day and
hour named therein. Each bid shall be accompanied by bid
proposal security in the form of a certified check, cashier’s
check, postal money order, or surety bond made payable to
the order of the commission, for a sum not less than five percent of the amount of the bid, and no bid shall be considered
unless accompanied by such bid proposal security. At the
time and place named, such bids shall be publicly opened and
read, and the commission shall proceed to canvass the bids,
and may let such contract to the lowest responsible bidder
upon plans and specifications on file, or to the best bidder
submitting his or her own plans and specifications: PROVIDED, HOWEVER, That no contract shall be let in excess
of the estimated cost of the materials or work, or if, in the
opinion of the commission, all bids are unsatisfactory, they
may reject all of them and readvertise, and in such case all bid
proposal security shall be returned to the bidders. If the contract is let, then all bid proposal security shall be returned to
the bidders, except that of the successful bidder, which is
retained until a contract shall be entered into for the purchase
of such materials for doing such work, and a bond to perform
such work furnished, with sureties satisfactory to the commission, in an amount to be fixed by the commission, not less
than twenty-five percent of contract price in any case,
between the bidder and commission, in accordance with the
bid. If such bidder fails to enter into the contract in accordance with the bid and furnish such bond within ten days
from the date at which the bidder is notified that he or she is
the successful bidder, the bid proposal security and the
amount thereof shall be forfeited to the public hospital district. A low bidder who claims error and fails to enter into a
contract is prohibited from bidding on the same project if a
second or subsequent call for bids is made for the project.
[Title 70 RCW—page 77]
70.44.171
Title 70 RCW: Public Health and Safety
(2) As an alternative to the requirements of subsection
(1) of this section, a public hospital district may let contracts
using the small works roster process under RCW 39.04.155.
(3) Any purchases with an estimated cost of up to fifteen
thousand dollars may be made using the process provided in
RCW 39.04.190.
(4) The commission may waive the competitive bidding
requirements of this section pursuant to RCW 39.04.280 if an
exemption contained within that section applies to the purchase or public work. [2002 c 106 § 1; 2000 c 138 § 213;
1999 c 99 § 1; 1998 c 278 § 9; 1996 c 18 § 15; 1993 c 198 §
22; 1965 c 83 § 1; 1945 c 264 § 17; Rem. Supp. 1945 § 609046.]
70.44.185 Change of district boundary lines to allow
farm units to be wholly within one hospital district—
Notice. Notwithstanding any other provision of law, including RCW 70.44.040, whenever the boundary line between
contiguous hospital districts bisects an irrigation block unit
placing part of the unit in one hospital district and the balance
thereof in another such district, the county auditor, upon his
approval of a request therefor after public hearing thereon,
shall change the hospital district boundary lines so that the
entire farm unit of the person so requesting shall be wholly in
one of such hospital districts and give notice thereof to those
hospital district and county officials as he shall deem appropriate therefor. [1971 ex.s. c 218 § 4.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
70.44.190 Consolidation of districts. Two or more
contiguous hospital districts, whether the territory therein lies
in one or more counties, may consolidate by following the
procedure outlined in chapter 35.10 RCW with reference to
consolidation of cities and towns. [1953 c 267 § 3.]
Contractor’s bond: Chapter 39.08 RCW.
Lien on public works, retained percentage of contractor’s earnings: Chapter 60.28 RCW.
70.44.171
70.44.171 Treasurer—Duties—Funds—Depositaries—Surety bonds, cost. The treasurer of the county in
which a public hospital district is located shall be treasurer of
the district, except that the commission by resolution may
designate some other person having experience in financial
or fiscal matters as treasurer of the district. If the treasurer is
not the county treasurer, the commission shall require a bond,
with a surety company authorized to do business in the state
of Washington, in an amount and under the terms and conditions which the commission by resolution from time to time
finds will protect the district against loss. The premium on
any such bond shall be paid by the district.
All district funds shall be paid to the treasurer and shall
be disbursed by him only on warrants issued by an auditor
appointed by the commission, upon orders or vouchers
approved by it. The treasurer shall establish a public hospital
district fund, into which shall be paid all district funds, and he
shall maintain such special funds as may be created by the
commission, into which he shall place all money as the commission may, by resolution, direct.
If the treasurer of the district is the treasurer of the
county all district funds shall be deposited with the county
depositaries under the same restrictions, contracts, and security as provided for county depositaries. If the treasurer of the
district is some other person, all funds shall be deposited in
such bank or banks authorized to do business in this state as
the commission by resolution shall designate, and with surety
bond to the district or securities in lieu thereof of the kind, no
less in amount, as provided in *RCW 36.48.020 for deposit
of county funds. Such surety bond or securities in lieu thereof
shall be filed or deposited with the treasurer of the district,
and approved by resolution of the commission.
All interest collected on district funds shall belong to the
district and be deposited to its credit in the proper district
funds.
A district may provide and require a reasonable bond of
any other person handling moneys or securities of the district.
The district may pay the premium on such bond. [1967 c 227
§ 1.]
*Reviser’s note: RCW 36.48.020 was repealed by 1984 c 177 § 21.
[Title 70 RCW—page 78]
70.44.185
70.44.190
70.44.200
70.44.200 Annexation of territory. (1) A public hospital district may annex territory outside the existing boundaries of such district and contiguous thereto, whether the territory lies in one or more counties, in accordance with this
section.
(2) A petition for annexation of territory contiguous to a
public hospital district may be filed with the commission of
the district to which annexation is proposed. The petition
must be signed by the owners, as prescribed by RCW
35A.01.040(9) (a) through (e), of not less than sixty percent
of the area of land within the territory proposed to be
annexed. Such petition shall describe the boundaries of the
territory proposed to be annexed and shall be accompanied
by a map which outlines the boundaries of such territory.
(3) Whenever such a petition for annexation is filed with
the commission of a public hospital district, the commission
may entertain the same, fix a date for public hearing thereon,
and cause notice of the hearing to be published once a week
for at least two consecutive weeks in a newspaper of general
circulation within the territory proposed to be annexed. The
notice shall also be posted in three public places within the
territory proposed to be annexed, shall contain a description
of the boundaries of such territory, and shall specify the time
and place of hearing and invite interested persons to appear
and voice approval or disapproval of the annexation.
(4) Following the hearing, if the commission of the district determines to accomplish the annexation, it shall do so
by resolution. The resolution may annex all or any portion of
the proposed territory but may not include in the annexation
any property not described in the petition. Upon passage of
the annexation resolution, the territory annexed shall become
part of the district and a certified copy of such resolution shall
be filed with the legislative authority of the county or counties in which the annexed property is located.
(5) If the petition for annexation and the annexation resolution so provide, as the commission may require, and such
petition has been signed by the owners of all the land within
the boundaries of the territory being annexed, the annexed
property shall assume and be assessed and taxed to pay for all
or any portion of the outstanding indebtedness of the district
to which it is annexed at the same rates as other property
(2006 Ed.)
Public Hospital Districts
within such district. Unless so provided in the petition and
resolution, property within the boundaries of the territory
annexed shall not be assessed or taxed to pay for all or any
portion of the indebtedness of the district to which it is
annexed that was contracted prior to or which existed at the
date of annexation. In no event shall any such annexed property be released from any assessments or taxes previously
levied against it or from its existing liability for the payment
of outstanding bonds or warrants issued prior to such annexation.
(6) The annexation procedure provided for in this section
shall be an alternative method of annexation applicable only
if at the time the annexation petition is filed either there are
no registered voters residing in the territory proposed to be
annexed or the petition is also signed by all of the registered
voters residing in the territory proposed to be annexed. [1993
c 489 § 1; 1979 ex.s. c 143 § 1; 1953 c 267 § 4.]
Severability—1979 ex.s. c 143: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 143 § 3.]
70.44.210
70.44.210 Alternate method of annexation—Contents of resolution calling for election. As an alternate
method of annexation to public hospital districts, any territory adjacent to a public hospital district may be annexed
thereto by vote of the qualified electors residing in the territory to be annexed, in the manner provided in RCW
70.44.210 through 70.44.230. An election to annex such territory may be called pursuant to a resolution calling for such
an election adopted by the district commissioners.
Any resolution calling for such an election shall describe
the boundaries of the territory to be annexed, state that the
annexation of such territory to the public hospital district will
be conducive to the welfare and benefit of the persons or
property within the district and within the territory proposed
to be annexed, and fix the date, time and place for a public
hearing thereon which date shall be not more than sixty nor
less than forty days following the adoption of such resolution.
[1967 c 227 § 6.]
70.44.220
70.44.220 Alternate method of annexation—Publication and contents of notice of hearing—Hearing—Resolution—Special election. Notice of such hearing shall be published once a week for at least two consecutive weeks in one
or more newspapers of general circulation within the territory
proposed to be annexed. The notice shall contain a description of the boundaries of the territory proposed to be annexed
and shall state the time and place of the hearing thereon and
the fact that any changes in the boundaries of such territory
will be considered at such time and place. At such hearing or
any continuation thereof, any interested person may appear
and be heard on all matters relating to the proposed annexation. The district commissioners may make such changes in
the boundaries of the territory proposed to be annexed as it
shall deem reasonable and proper, but may not delete any
portion of the proposed area which will create an island of
included or excluded lands. If the district commissioners
shall determine that any additional territory should be
included in the territory to be annexed, a second hearing shall
be held and notice given in the same manner as for the origi(2006 Ed.)
70.44.235
nal hearing. The district commissioners may adjourn the
hearing on the proposed annexation from time to time not
exceeding thirty days in all. At the next regular meeting following the conclusion of such hearing, the district commissioners shall, if it finds that the annexation of such territory
will be conducive to the welfare and benefit of the persons
and property therein and the welfare and benefit of the persons and property within the public hospital district, adopt a
resolution fixing the boundaries of the territory to be annexed
and causing to be called a special election on such annexation
to be held not more than one hundred twenty days nor less
than sixty days following the adoption of such resolution.
[1967 c 227 § 7.]
70.44.230
70.44.230 Alternate method of annexation—Conduct
and canvass of election—Notice—Ballot. An election on
the annexation of territory to a public hospital district shall be
conducted and canvassed in the same manner as provided for
the conduct of an election on the formation of a public hospital district except that notice of such election shall be published in one or more newspapers of general circulation in the
territory proposed to be annexed and the ballot proposition
shall be in substantially the following form:
ANNEXATION TO (herein insert name of public
hospital district)
"Shall the territory described in a resolution of
the public hospital district commissioners of (here
insert name of public hospital district) adopted on
. . . ., . . . . . ., 19. . ., be annexed to such district?
YES . . . . . . . . . . . . . . . . . . . . . .
NO . . . . . . . . . . . . . . . . . . . . . . .
â
â"
If a majority of those voting on such proposition vote in favor
thereof, the territory shall thereupon be annexed to the public
hospital district. [1967 c 227 § 8.]
70.44.235
70.44.235 Withdrawal or reannexation of areas.
(Effective until January 1, 2007.) (1) As provided in this
section, a public hospital district may withdraw areas from its
boundaries, or reannex areas into the public hospital district
that previously had been withdrawn from the public hospital
district under this section.
(2) The withdrawal of an area shall be authorized upon:
(a) Adoption of a resolution by the hospital district commissioners requesting the withdrawal and finding that, in the
opinion of the commissioners, inclusion of this area within
the public hospital district will result in a reduction of the district’s tax levy rate under the provisions of RCW 84.52.010;
and (b) adoption of a resolution by the city or town council
approving the withdrawal, if the area is located within the
city or town, or adoption of a resolution by the county legislative authority of the county within which the area is located
approving the withdrawal, if the area is located outside of a
city or town. A withdrawal shall be effective at the end of the
day on the thirty-first day of December in the year in which
the resolutions are adopted, but for purposes of establishing
boundaries for property tax purposes, the boundaries shall be
established immediately upon the adoption of the second resolution.
[Title 70 RCW—page 79]
70.44.235
Title 70 RCW: Public Health and Safety
The withdrawal of an area from the boundaries of a public hospital district shall not exempt any property therein
from taxation for the purpose of paying the costs of redeeming any indebtedness of the public hospital district existing at
the time of the withdrawal.
(3) An area that has been withdrawn from the boundaries
of a public hospital district under this section may be reannexed into the public hospital district upon: (a) Adoption of
a resolution by the hospital district commissioners proposing
the reannexation; and (b) adoption of a resolution by the city
or town council approving the reannexation, if the area is
located within the city or town, or adoption of a resolution by
the county legislative authority of the county within which
the area is located approving the reannexation, if the area is
located outside of a city or town. The reannexation shall be
effective at the end of the day on the thirty-first day of
December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries
for property tax purposes, the boundaries shall be established
immediately upon the adoption of the second resolution. Referendum action on the proposed reannexation may be taken
by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the city or town
council, or county legislative authority, within a thirty-day
period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed
to be reannexed equal in number to ten percent of the total
number of the registered voters residing in that area.
If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions
shall be held in abeyance and a ballot proposition to authorize
the reannexation shall be submitted to the voters of the area at
the next special election date specified in *RCW 29.13.020
that occurs forty-five or more days after the petitions have
been validated. Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize
the reannexation. [1987 c 138 § 4.]
*Reviser’s note: As enacted by 1987 c 138 § 4, this section contained
an apparently erroneous reference to RCW 29.13.030, a section repealed in
1965. Pursuant to RCW 1.08.015, this reference has been changed to RCW
29.13.020, a later enactment of the section repealed. RCW 29.13.020 was
subsequently recodified as RCW 29A.04.330 pursuant to 2003 c 111 § 2401,
effective July 1, 2004.
city or town. A withdrawal shall be effective at the end of the
day on the thirty-first day of December in the year in which
the resolutions are adopted, but for purposes of establishing
boundaries for property tax purposes, the boundaries shall be
established immediately upon the adoption of the second resolution.
The withdrawal of an area from the boundaries of a public hospital district shall not exempt any property therein
from taxation for the purpose of paying the costs of redeeming any indebtedness of the public hospital district existing at
the time of the withdrawal.
(3) An area that has been withdrawn from the boundaries
of a public hospital district under this section may be reannexed into the public hospital district upon: (a) Adoption of
a resolution by the hospital district commissioners proposing
the reannexation; and (b) adoption of a resolution by the city
or town council approving the reannexation, if the area is
located within the city or town, or adoption of a resolution by
the county legislative authority of the county within which
the area is located approving the reannexation, if the area is
located outside of a city or town. The reannexation shall be
effective at the end of the day on the thirty-first day of
December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries
for property tax purposes, the boundaries shall be established
immediately upon the adoption of the second resolution.
Referendum action on the proposed reannexation may be
taken by the voters of the area proposed to be reannexed if a
petition calling for a referendum is filed with the city or town
council, or county legislative authority, within a thirty-day
period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed
to be reannexed equal in number to ten percent of the total
number of the registered voters residing in that area.
If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions
shall be held in abeyance and a ballot proposition to authorize
the reannexation shall be submitted to the voters of the area at
the next special election date according to RCW 29A.04.330.
Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation. [2006 c 344 § 39; 1987 c 138 § 4.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
70.44.235
70.44.235 Withdrawal or reannexation of areas.
(Effective January 1, 2007.) (1) As provided in this section,
a public hospital district may withdraw areas from its boundaries, or reannex areas into the public hospital district that
previously had been withdrawn from the public hospital district under this section.
(2) The withdrawal of an area shall be authorized upon:
(a) Adoption of a resolution by the hospital district commissioners requesting the withdrawal and finding that, in the
opinion of the commissioners, inclusion of this area within
the public hospital district will result in a reduction of the district’s tax levy rate under the provisions of RCW 84.52.010;
and (b) adoption of a resolution by the city or town council
approving the withdrawal, if the area is located within the
city or town, or adoption of a resolution by the county legislative authority of the county within which the area is located
approving the withdrawal, if the area is located outside of a
[Title 70 RCW—page 80]
70.44.240
70.44.240 Contracting or joining with other districts,
hospitals, corporations, or individuals to provide services
or facilities. Any public hospital district may contract or join
with any other public hospital district, publicly owned hospital, nonprofit hospital, legal entity, or individual to acquire,
own, operate, manage, or provide any hospital or other health
care facilities or hospital services or other health care services
to be used by individuals, districts, hospitals, or others,
including providing health maintenance services. If a public
hospital district chooses to contract or join with another party
or parties pursuant to the provisions of this chapter, it may do
so through establishing a nonprofit corporation, partnership,
limited liability company, or other legal entity of its choosing
in which the public hospital district and the other party or parties participate. The governing body of such legal entity shall
include representatives of the public hospital district, which
(2006 Ed.)
Public Hospital Districts
representatives may include members of the public hospital
district’s board of commissioners. A public hospital district
contracting or joining with another party pursuant to the provisions of this chapter may appropriate funds and may sell,
lease, or otherwise provide property, personnel, and services
to the legal entity established to carry out the contract or joint
activity. [2004 c 261 § 7; 1997 c 332 § 16; 1982 c 84 § 19;
1974 ex.s. c 165 § 4; 1967 c 227 § 3.]
Severability—1997 c 332: See RCW 70.45.900.
70.44.260
70.44.260 Contracts for purchase of real or personal
property. Any public hospital district may execute an executory conditional sales contract with any other municipal corporation, the state, or any of its political subdivisions, the
government of the United States, or any private party for the
purchase of any real or personal property, or property rights,
in connection with the exercise of any powers or duties which
such districts now or hereafter are authorized to exercise, if
the entire amount of the purchase price specified in such contract does not result in a total indebtedness in excess of the
limitation imposed by RCW 39.36.020, as now or hereafter
amended, to be incurred without the assent of the voters of
the district: PROVIDED, That if such a proposed contract
would result in a total indebtedness in excess of three-fourths
of one percent of the value of taxable property in such public
hospital district, a proposition in regard to whether or not
such a contract may be executed shall be submitted to the voters for approval or rejection in the same manner that bond
issues for capital purposes are submitted to the voters. The
term "value of taxable property" shall have the meaning set
forth in RCW 39.36.015. [1975-’76 2nd ex.s. c 78 § 1.]
70.44.300
70.44.300 Sale of surplus real property. (1) The board
of commissioners of any public hospital district may sell and
convey at public or private sale real property of the district if
the board determines by resolution that the property is no
longer required for public hospital district purposes or determines by resolution that the sale of the property will further
the purposes of the public hospital district.
(2) Any sale of district real property authorized pursuant
to this section shall be preceded, not more than one year prior
to the date of sale, by market value appraisals by three
licensed real estate brokers or professionally designated real
estate appraisers as defined in RCW 74.46.020 or three independent experts in valuing health care property, selected by
the board of commissioners, and no sale shall take place if the
sale price would be less than ninety percent of the average of
such appraisals.
(3) When the board of commissioners of any public hospital district proposes a sale of district real property pursuant
to this section and the value of the property exceeds one hundred thousand dollars, the board shall publish a notice of its
intention to sell the property. The notice shall be published at
least once each week during two consecutive weeks in a legal
newspaper of general circulation within the public hospital
district. The notice shall describe the property to be sold and
designate the place where and the day and hour when a hearing will be held. The board shall hold a public hearing upon
the proposal to dispose of the public hospital district property
at the place and the day and hour fixed in the notice and con(2006 Ed.)
70.44.315
sider evidence offered for and against the propriety and
advisability of the proposed sale.
(4) If in the judgment of the board of commissioners of
any district the sale of any district real property not needed
for public hospital district purposes would be facilitated and
greater value realized through use of the services of licensed
real estate brokers, a contract for such services may be negotiated and concluded. The fee or commissions charged for
any broker service shall not exceed seven percent of the
resulting sale price for a single parcel. No licensed real estate
broker or professionally designated real estate appraisers as
defined in RCW 74.46.020 or independent expert in valuing
health care property selected by the board to appraise the
market value of a parcel of property to be sold may be a party
to any contract with the public hospital district to sell such
property for a period of three years after the appraisal. [1997
c 332 § 17; 1984 c 103 § 4; 1982 c 84 § 2.]
Severability—1997 c 332: See RCW 70.45.900.
70.44.310
70.44.310 Lease of surplus real property. The board
of commissioners of any public hospital district may lease or
rent out real property of the district which the board has
determined by resolution presently is not required for public
hospital district purposes in such manner and upon such
terms and conditions as the board in its discretion finds to be
in the best interest of the district. [1982 c 84 § 3.]
70.44.315
70.44.315 Evaluation criteria and requirements for
acquisition of district hospitals. (1) When evaluating a
potential acquisition, the commissioners shall determine their
compliance with the following requirements:
(a) That the acquisition is authorized under chapter 70.44
RCW and other laws governing public hospital districts;
(b) That the procedures used in the decision-making process allowed district officials to thoroughly fulfill their due
diligence responsibilities as municipal officers, including
those covered under chapter 42.23 RCW governing conflicts
of interest and chapter 42.20 RCW prohibiting malfeasance
of public officials;
(c) That the acquisition will not result in the revocation
of hospital privileges;
(d) That sufficient safeguards are included to maintain
appropriate capacity for health science research and health
care provider education;
(e) That the acquisition is allowed under Article VIII,
section 7 of the state Constitution, which prohibits gifts of
public funds or lending of credit and Article XI, section 14,
prohibiting private use of public funds;
(f) That the public hospital district will retain control
over district functions as required under chapter 70.44 RCW
and other laws governing hospital districts;
(g) That the activities related to the acquisition process
complied with chapters 42.56 and 42.32 RCW, governing
disclosure of public records, and chapter 42.30 RCW, governing public meetings;
(h) That the acquisition complies with the requirements
of RCW 70.44.300 relating to fair market value; and
(i) Other state laws affecting the proposed acquisition.
(2) The commissioners shall also determine whether the
public hospital district should retain a right of first refusal to
[Title 70 RCW—page 81]
70.44.320
Title 70 RCW: Public Health and Safety
repurchase the assets by the public hospital district if the hospital is subsequently sold to, acquired by, or merged with
another entity.
(3)(a) Prior to approving the acquisition of a district hospital, the board of commissioners of the hospital district shall
obtain a written opinion from a qualified independent expert
or the Washington state department of health as to whether or
not the acquisition meets the standards set forth in RCW
70.45.080.
(b) Upon request, the hospital district and the person
seeking to acquire its hospital shall provide the department or
independent expert with any needed information and documents. The department shall charge the hospital district for
any costs the department incurs in preparing an opinion under
this section. The hospital district may recover from the
acquiring person any costs it incurs in obtaining the opinion
from either the department or the independent expert. The
opinion shall be delivered to the board of commissioners no
later than ninety days after it is requested.
(c) Within ten working days after it receives the opinion,
the board of commissioners shall publish notice of the opinion in at least one newspaper of general circulation within the
hospital district, stating how a person may obtain a copy, and
giving the time and location of the hearing required under (d)
of this subsection. It shall make a copy of the report and the
opinion available to anyone upon request.
(d) Within thirty days after it received the opinion, the
board of commissioners shall hold a public hearing regarding
the proposed acquisition. The board of commissioners may
vote to approve the acquisition no sooner than thirty days following the public hearing.
(4)(a) For purposes of this section, "acquisition" means
an acquisition by a person of any interest in a hospital owned
by a public hospital district, whether by purchase, merger,
lease, or otherwise, that results in a change of ownership or
control of twenty percent or more of the assets of a hospital
currently licensed and operating under RCW 70.41.090.
Acquisition does not include an acquisition where the other
party or parties to the acquisition are nonprofit corporations
having a substantially similar charitable health care purpose,
organizations exempt from federal income tax under section
501(c)(3) of the internal revenue code, or governmental entities. Acquisition does not include an acquisition where the
other party is an organization that is a limited liability corporation, a partnership, or any other legal entity and the members, partners, or otherwise designated controlling parties of
the organization are all nonprofit corporations having a charitable health care purpose, organizations exempt from federal
income tax under section 501(c)(3) of the internal revenue
code, or governmental entities. Acquisition does not include
activities between two or more governmental organizations,
including organizations acting pursuant to chapter 39.34
RCW, regardless of the type of organizational structure used
by the governmental entities.
(b) For purposes of this subsection (4), "person" means
an individual, a trust or estate, a partnership, a corporation
including associations, a limited liability company, a joint
stock company, or an insurance company. [2005 c 274 § 334;
1997 c 332 § 18.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
[Title 70 RCW—page 82]
Severability—1997 c 332: See RCW 70.45.900.
70.44.320
70.44.320 Disposal of surplus personal property. The
board of commissioners of any public hospital district may
sell or otherwise dispose of surplus personal property of the
district which the board has determined by resolution is no
longer required for public hospital district purposes in such
manner and upon such terms and conditions as the board in
its discretion finds to be in the best interest of the district.
[1982 c 84 § 4.]
70.44.350
70.44.350 Dividing a district. An existing public hospital district upon resolution of its board of commissioners
may be divided into two new public hospital districts, in the
manner provided in RCW 70.44.350 through 70.44.380, subject to the approval of the plan therefor by the superior court
in the county where such district is located and by a majority
of the voters voting on the proposition for such approval at a
special election to be held in each of the proposed new districts. The board of commissioners of an existing district shall
by resolution or resolutions find that such division is in the
public interest; adopt and approve a plan of division; authorize the filing of a petition in the superior court in the county
in which the district is located to obtain court approval of the
plan of division; request the calling of a special election to be
held, following such court approval, for the purpose of submitting to the voters in each of the proposed new districts the
proposition of whether the plan of division should be
approved and carried out; and direct all officers and employees of the existing district to take whatever actions are reasonable and necessary in order to carry out the division, subject to the approval of the plan therefor by the court and the
voters. [1982 c 84 § 5.]
70.44.360
70.44.360 Dividing a district—Plan. The plan of division authorized by RCW 70.44.350 shall include: Proposed
names for the new districts; a description of the boundaries of
the new districts, which boundaries shall follow insofar as
reasonably possible the then-existing precinct boundaries and
include all of the territory encompassed by the existing district; a division of all the assets of the existing district
between the resulting new districts, including funds, rights,
and property, both real and personal; the assumption of all the
outstanding obligations of the existing district by the resulting new districts, including general obligation and revenue
bonds, contracts, and any other liabilities or indebtedness; the
establishing and constituting of new boards of three commissioners for each of the new districts, including fixing the
boundaries of commissioner districts within such new districts following insofar as reasonably possible the then-existing precinct boundaries; and such other matters as the board
of commissioners of the existing district may deem appropriate. Unless the plan of division provides otherwise, all the
area and property of the existing district shall remain subject
to the outstanding obligations of that district, and the boards
of commissioners of the new districts shall make such levies
or charges for services as may be necessary to pay such outstanding obligations in accordance with their terms from the
sources originally pledged or otherwise liable for that purpose. [1982 c 84 § 6.]
(2006 Ed.)
Public Hospital Districts
70.44.370
70.44.370 Dividing a district—Petition to court,
hearing, order. After adoption of a resolution approving the
plan of division by the board of commissioners of an existing
district pursuant to RCW 70.44.350 through 70.44.380, the
district shall petition the superior court in the county where
such district is located requesting court approval of the plan.
The court shall conduct a hearing on the plan of division,
after reasonable and proper notice of such hearing (including
notice to bondholders) is given in the manner fixed and
directed by such court. At the conclusion of the hearing, the
court may enter its order approving the division of the existing district and of its assets and outstanding obligations in the
manner provided by the plan after finding such division to be
fair and equitable and in the public interest. [1982 c 84 § 7.]
70.44.470
whatever actions are reasonable and necessary to complete or
confirm the carrying out of such plan. [1982 c 84 § 8.]
70.44.400 Withdrawal of territory from public hospital district. Territory within a public hospital district may be
withdrawn therefrom in the same manner provided by law for
withdrawal of territory from water-sewer districts, as provided by chapter 57.28 RCW. For purposes of conforming
with such procedure, the public hospital district shall be
deemed to be the water-sewer district and the public hospital
board of commissioners shall be deemed to be the watersewer district board of commissioners. [1999 c 153 § 65;
1984 c 100 § 1.]
70.44.400
Part headings not law—1999 c 153: See note following RCW
57.04.050.
70.44.380
70.44.380 Dividing a district—Election—Creation of
new districts—Challenges. Following the entry of the court
order pursuant to RCW 70.44.370, the county officer authorized to call and conduct elections in the county in which the
existing district is located shall call a special election as provided by the resolution of the board of commissioners of such
district for the purpose of submitting to the voters in each of
the proposed new districts the proposition of whether the plan
of division should be approved and carried out. Notice of the
election describing the boundaries of the proposed new districts and stating the objects of the election shall be given and
the election conducted in accordance with the general election laws. The proposition expressed on the ballots at such
election shall be substantially as follows:
"Shall the plan of division of public hospital district
No. . . . ., approved by the Superior Court on . . . . . .
(insert date), be approved and carried out?
Yes â
No â"
At such election three commissioners for each of the proposed new districts nominated by petition pursuant to RCW
54.12.010 shall be elected to hold office pursuant to RCW
70.44.040. If at such election a majority of the voters voting
on the proposition in each of the proposed new districts shall
vote in favor of the plan of division, the county canvassing
board shall so declare in its canvass of the returns of such
election and upon the filing of the certificate of such canvass:
The division of the existing district shall be effective; such
original district shall cease to exist; the creation of the two
new public hospital districts shall be complete; all assets of
the original district shall vest in and become the property of
the new districts, respectively, pursuant to the plan of division; all the outstanding obligations of the original district
shall be assumed by the new districts, respectively, pursuant
to such plan; the commissioners of the original district shall
cease to hold office; and the affairs of the new districts shall
be governed by the newly elected commissioners of such
respective new districts. Unless commenced within thirty
days after the date of the filing of the certificate of the canvass of such election, no lawsuit whatever may be maintained
challenging in any way the legal existence of the resulting
new districts, the validity of the proceedings had for the organization and creation thereof, or the lawfulness of the plan of
division. Upon the petition of either or both new districts, the
superior court in the county where they are located may take
(2006 Ed.)
70.44.450 Rural public hospital districts—Cooperative agreements and contracts. In addition to other powers
granted to public hospital districts by chapter 39.34 RCW,
rural public hospital districts may enter into cooperative
agreements and contracts with other rural public hospital districts in order to provide for the health care needs of the people served by the hospital districts. These agreements and
contracts are specifically authorized to include:
(1) Allocation of health care services among the different
facilities owned and operated by the districts;
(2) Combined purchases and allocations of medical
equipment and technologies;
(3) Joint agreements and contracts for health care service
delivery and payment with public and private entities; and
(4) Other cooperative arrangements consistent with the
intent of chapter 161, Laws of 1992. The provisions of chapter 39.34 RCW shall apply to the development and implementation of the cooperative contracts and agreements.
[1992 c 161 § 3.]
70.44.450
Intent—1992 c 161: "The legislature finds that maintaining the viability of health care service delivery in rural areas of Washington is a primary
goal of state health policy. The legislature also finds that most hospitals
located in rural Washington are operated by public hospital districts authorized under chapter 70.44 RCW and declares that it is not cost-effective,
practical, or desirable to provide quality health and hospital care services in
rural areas on a competitive basis because of limited patient volume and geographic isolation. It is the intent of this act to foster the development of cooperative and collaborative arrangements among rural public hospital districts
by specifically authorizing cooperative agreements and contracts for these
entities under the interlocal cooperation act." [1992 c 161 § 1.]
70.44.460 Rural public hospital district defined.
Unless the context clearly requires otherwise, the definition
in this section applies throughout RCW 70.44.450.
"Rural public hospital district" means a public hospital
district authorized under chapter 70.44 RCW whose geographic boundaries do not include a city with a population
greater than thirty thousand. [1992 c 161 § 2.]
70.44.460
Intent—1992 c 161: See note following RCW 70.44.450.
70.44.470 Chapter not applicable to certain transfers
of property. This chapter does not apply to transfers of property under *sections 1 and 2 of this act. [2006 c 35 § 9.]
70.44.470
*Reviser’s note: The reference to "sections 1 and 2 of this act" appears
to be erroneous. Reference to "sections 2 and 3 of this act" codified as RCW
43.99C.070 and 43.83D.120 was apparently intended.
Findings—2006 c 35: See note following RCW 43.99C.070.
[Title 70 RCW—page 83]
70.44.900
Title 70 RCW: Public Health and Safety
70.44.900
70.44.900 Severability—Construction—1945 c 264.
Adjudication of invalidity of any section, clause or part of a
section of this act [1945 c 264] shall not impair or otherwise
affect the validity of the act as a whole or any other part
thereof. The rule of strict construction shall have no application to this act, but the same shall be liberally construed, in
order to carry out the purposes and objects for which this act
is intended. When this act comes in conflict with any provisions, limitation or restriction in any other law, this act shall
govern and control. [1945 c 264 § 21; no RRS.]
70.44.901
70.44.901 Severability—Construction—1974 ex.s. c
165. If any section, clause, or other provision of this 1974
amendatory act, or its application to any person or circumstance, is held invalid, the remainder of such 1974 amendatory act, or the application of such section, clause, or provision to other persons or circumstances, shall not be affected.
The rule of strict construction shall have no application to this
1974 amendatory act, but the same shall be liberally construed, in order to carry out the purposes and objects for
which this 1974 amendatory act is intended. When this 1974
amendatory act comes in conflict with any provision, limitation, or restriction in any other law, this 1974 amendatory act
shall govern and control. [1974 ex.s. c 165 § 6.]
70.44.902 Severability—1982 c 84. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 84 § 21.]
70.44.902
70.44.903
70.44.903 Savings—1982 c 84. All debts, contracts,
and obligations made or incurred prior to June 10, 1982, by or
in favor of any public hospital district, and all bonds, warrants, or other obligations issued by such district, and all
other actions and proceedings relating thereto done or taken
by such public hospital districts or by their respective officers
within their authority are hereby declared to be legal and
valid and of full force and effect from the date thereof. [1982
c 84 § 11.]
70.44.910
70.44.910 Construction—1945 c 264. This act [1945 c
264 § 22] shall not be deemed or construed to repeal or affect
any existing act, or any part thereof, relating to the construction, operation and maintenance of public hospitals, but shall
be supplemental thereto and concurrent therewith. [1945 c
264 § 22; no RRS.]
Chapter 70.45 RCW
ACQUISITION OF NONPROFIT HOSPITALS
Chapter 70.45
Sections
70.45.010
70.45.020
70.45.030
70.45.040
70.45.050
70.45.060
70.45.070
70.45.080
70.45.090
70.45.100
70.45.110
70.45.120
70.45.130
70.45.140
70.45.900
Compliance—Department authority—Hearings—Revocation
or suspension of hospital license—Referral to attorney general for action.
Authority of attorney general to ensure compliance.
Acquisitions completed before July 27, 1997, not subject to
this chapter.
Common law and statutory authority of attorney general.
Rule-making and contracting authority.
Severability—1997 c 332.
70.45.010
70.45.010 Legislative findings. The health of the people of our state is a most important public concern. The state
has an interest in assuring the continued existence of accessible, affordable health care facilities that are responsive to the
needs of the communities in which they exist. The state also
has a responsibility to protect the public interest in nonprofit
hospitals and to clarify the responsibilities of local public
hospital district boards with respect to public hospital district
assets by making certain that the charitable and public assets
of those hospitals are managed prudently and safeguarded
consistent with their mission under the laws governing nonprofit and municipal corporations. [1997 c 332 § 1.]
70.45.020
70.45.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the Washington state department of health.
(2) "Hospital" means any entity that is: (a) Defined as a
hospital in RCW 70.41.020 and is required to obtain a license
under RCW 70.41.090; or (b) a psychiatric hospital required
to obtain a license under chapter 71.12 RCW.
(3) "Acquisition" means an acquisition by a person of an
interest in a nonprofit hospital, whether by purchase, merger,
lease, gift, joint venture, or otherwise, that results in a change
of ownership or control of twenty percent or more of the
assets of the hospital, or that results in the acquiring person
holding or controlling fifty percent or more of the assets of
the hospital, but acquisition does not include an acquisition if
the acquiring person: (a) Is a nonprofit corporation having a
substantially similar charitable health care purpose as the
nonprofit corporation from whom the hospital is being
acquired, or is a government entity; (b) is exempt from federal income tax under section 501(c)(3) of the internal revenue code or as a government entity; and (c) will maintain representation from the affected community on the local board
of the hospital.
(4) "Nonprofit hospital" means a hospital owned by a
nonprofit corporation organized under Title 24 RCW.
(5) "Person" means an individual, a trust or estate, a partnership, a corporation including associations, limited liability
companies, joint stock companies, and insurance companies.
[1997 c 332 § 2.]
70.45.030
Legislative findings.
Definitions.
Department approval required—Application—Fees.
Applications—Deficiencies—Public notice.
Public hearings.
Attorney general review and opinion—Department review and
decision—Adjudicative proceedings.
Department review—Criteria to safeguard charitable assets.
Department review—Criteria for continued existence of
accessible, affordable health care.
Approval of acquisition required—Injunctions.
[Title 70 RCW—page 84]
70.45.030 Department approval required—Application—Fees. (1) A person may not engage in the acquisition
of a nonprofit hospital without first having applied for and
received the approval of the department under this chapter.
(2) An application must be submitted to the department
on forms provided by the department, and at a minimum must
include: The name of the hospital being acquired, the name
of the acquiring person or other parties to the acquisition, the
acquisition price, a copy of the acquisition agreement, a
(2006 Ed.)
Acquisition of Nonprofit Hospitals
financial and economic analysis and report from an independent expert or consultant of the effect of the acquisition under
the criteria in RCW 70.45.070, and all other related documents. The applications and all related documents are considered public records for purposes of chapter 42.56 RCW.
(3) The department shall charge an applicant fees sufficient to cover the costs of implementing this chapter. The
fees must include the cost of the attorney general’s opinion
under RCW 70.45.060. The department shall transfer this
portion of the fee, upon receipt, to the attorney general.
[2005 c 274 § 335; 1997 c 332 § 3.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
70.45.040
70.45.040 Applications—Deficiencies—Public
notice. (1) The department, in consultation with the attorney
general, shall determine if the application is complete for the
purposes of review. The department may find that an application is incomplete if a question on the application form has
not been answered in whole or in part, or has been answered
in a manner that does not fairly meet the question addressed,
or if the application does not include attachments of supporting documents as required by RCW 70.45.030. If the department determines that an application is incomplete, it shall
notify the applicant within fifteen working days after the date
the application was received stating the reasons for its determination of incompleteness, with reference to the particular
questions for which a deficiency is noted.
(2) Within five working days after receipt of a completed
application, the department shall publish notice of the application in a newspaper of general circulation in the county or
counties where the hospital is located and shall notify by first
class United States mail, electronic mail, or facsimile transmission, any person who has requested notice of the filing of
such applications. The notice must state that an application
has been received, state the names of the parties to the agreement, describe the contents of the application, and state the
date by which a person may submit written comments about
the application to the department. [1997 c 332 § 4.]
70.45.050
70.45.050 Public hearings. During the course of
review under this chapter, the department shall conduct one
or more public hearings, at least one of which must be in the
county where the hospital to be acquired is located. At the
hearings, anyone may file written comments and exhibits or
appear and make a statement. The department may subpoena
additional information or witnesses, require and administer
oaths, require sworn statements, take depositions, and use
related discovery procedures for purposes of the hearing and
at any time prior to making a decision on the application.
A hearing must be held not later than forty-five days
after receipt of a completed application. At least ten days’
public notice must be given before the holding of a hearing.
[1997 c 332 § 5.]
70.45.060
70.45.060 Attorney general review and opinion—
Department review and decision—Adjudicative proceedings. (1) The department shall provide the attorney general
with a copy of a completed application upon receiving it. The
attorney general shall review the completed application, and
(2006 Ed.)
70.45.070
within forty-five days of the first public hearing held under
RCW 70.45.050 shall provide a written opinion to the department as to whether or not the acquisition meets the requirements for approval in RCW 70.45.070.
(2) The department shall review the completed application to determine whether or not the acquisition meets the
requirements for approval in RCW 70.45.070 and 70.45.080.
Within thirty days after receiving the written opinion of the
attorney general under subsection (1) of this section, the
department shall:
(a) Approve the acquisition, with or without any specific
modifications or conditions; or
(b) Disapprove the acquisition.
(3) The department may not make its decision subject to
any condition not directly related to requirements in RCW
70.45.070 or 70.45.080, and any condition or modification
must bear a direct and rational relationship to the application
under review.
(4) A person engaged in an acquisition and affected by a
final decision of the department has the right to an adjudicative proceeding under chapter 34.05 RCW. The opinion of
the attorney general provided under subsection (1) of this
section may not constitute a final decision for purposes of
review.
(5) The department or the attorney general may extend,
by not more than thirty days, any deadline established under
this chapter one time during consideration of any application,
for good cause. [1997 c 332 § 6.]
70.45.070
70.45.070 Department review—Criteria to safeguard
charitable assets. The department shall only approve an
application if the parties to the acquisition have taken the
proper steps to safeguard the value of charitable assets and
ensure that any proceeds from the acquisition are used for
appropriate charitable health purposes. To this end, the
department may not approve an application unless, at a minimum, it determines that:
(1) The acquisition is permitted under chapter 24.03
RCW, the Washington nonprofit corporation act, and other
laws governing nonprofit entities, trusts, or charities;
(2) The nonprofit corporation that owns the hospital
being acquired has exercised due diligence in authorizing the
acquisition, selecting the acquiring person, and negotiating
the terms and conditions of the acquisition;
(3) The procedures used by the nonprofit corporation’s
board of trustees and officers in making its decision fulfilled
their fiduciary duties, that the board and officers were sufficiently informed about the proposed acquisition and possible
alternatives, and that they used appropriate expert assistance;
(4) No conflict of interest exists related to the acquisition, including, but not limited to, conflicts of interest related
to board members of, executives of, and experts retained by
the nonprofit corporation, acquiring person, or other parties
to the acquisition;
(5) The nonprofit corporation will receive fair market
value for its assets. The attorney general or the department
may employ, at the expense of the acquiring person, reasonably necessary expert assistance in making this determination. This expense must be in addition to the fees charged
under RCW 70.45.030;
[Title 70 RCW—page 85]
70.45.080
Title 70 RCW: Public Health and Safety
(6) Charitable funds will not be placed at unreasonable
risk, if the acquisition is financed in part by the nonprofit corporation;
(7) Any management contract under the acquisition will
be for fair market value;
(8) The proceeds from the acquisition will be controlled
as charitable funds independently of the acquiring person or
parties to the acquisition, and will be used for charitable
health purposes consistent with the nonprofit corporation’s
original purpose, including providing health care to the disadvantaged, the uninsured, and the underinsured and providing
benefits to promote improved health in the affected community;
(9) Any charitable entity established to hold the proceeds
of the acquisition will be broadly based in and representative
of the community where the hospital to be acquired is
located, taking into consideration the structure and governance of such entity; and
(10) A right of first refusal to repurchase the assets by a
successor nonprofit corporation or foundation has been
retained if the hospital is subsequently sold to, acquired by, or
merged with another entity. [1997 c 332 § 7.]
70.45.080
70.45.080 Department review—Criteria for continued existence of accessible, affordable health care. The
department shall only approve an application if the acquisition in question will not detrimentally affect the continued
existence of accessible, affordable health care that is responsive to the needs of the community in which the hospital to be
acquired is located. To this end, the department shall not
approve an application unless, at a minimum, it determines
that:
(1) Sufficient safeguards are included to assure the
affected community continued access to affordable care, and
that alternative sources of care are available in the community should the acquisition result in a reduction or elimination
of particular health services;
(2) The acquisition will not result in the revocation of
hospital privileges;
(3) Sufficient safeguards are included to maintain appropriate capacity for health science research and health care
provider education;
(4) The acquiring person and parties to the acquisition
are committed to providing health care to the disadvantaged,
the uninsured, and the underinsured and to providing benefits
to promote improved health in the affected community.
Activities and funding provided under RCW 70.45.070(8)
may be considered in evaluating compliance with this commitment; and
(5) Sufficient safeguards are included to avoid conflict of
interest in patient referral. [1997 c 332 § 8.]
70.45.100 Compliance—Department authority—
Hearings—Revocation or suspension of hospital license—
Referral to attorney general for action. The department
shall require periodic reports from the nonprofit corporation
or its successor nonprofit corporation or foundation and from
the acquiring person or other parties to the acquisition to
ensure compliance with commitments made. The department
may subpoena information and documents and may conduct
on-site compliance audits at the acquiring person’s expense.
If the department receives information indicating that the
acquiring person is not fulfilling commitments to the affected
community under RCW 70.45.080, the department shall hold
a hearing upon ten days’ notice to the affected parties. If after
the hearing the department determines that the information is
true, it may revoke or suspend the hospital license issued to
the acquiring person pursuant to the procedure established
under RCW 70.41.130, refer the matter to the attorney general for appropriate action, or both. The attorney general may
seek a court order compelling the acquiring person to fulfill
its commitments under RCW 70.45.080. [1997 c 332 § 10.]
70.45.100
70.45.110 Authority of attorney general to ensure
compliance. The attorney general has the authority to ensure
compliance with commitments that inure to the public interest. [1997 c 332 § 11.]
70.45.110
70.45.120 Acquisitions completed before July 27,
1997, not subject to this chapter. An acquisition of a hospital completed before July 27, 1997, and an acquisition in
which an application for a certificate of need under chapter
70.38 RCW has been granted by the department before July
27, 1997, is not subject to this chapter. [1997 c 332 § 12.]
70.45.120
70.45.130 Common law and statutory authority of
attorney general. No provision of this chapter derogates
from the common law or statutory authority of the attorney
general. [1997 c 332 § 13.]
70.45.130
70.45.140 Rule-making and contracting authority.
The department may adopt rules necessary to implement this
chapter and may contract with and provide reasonable reimbursement to qualified persons to assist in determining
whether the requirements of RCW 70.45.070 and 70.45.080
have been met. [1997 c 332 § 14.]
70.45.140
70.45.900 Severability—1997 c 332. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1997 c 332 § 19.]
70.45.900
Chapter 70.46
70.45.090
70.45.090 Approval of acquisition required—Injunctions. (1) The secretary of state may not accept any forms or
documents in connection with any acquisition of a nonprofit
hospital until the acquisition has been approved by the
department under this chapter.
(2) The attorney general may seek an injunction to prevent any acquisition not approved by the department under
this chapter. [1997 c 332 § 9.]
[Title 70 RCW—page 86]
Chapter 70.46 RCW
HEALTH DISTRICTS
Sections
70.46.020
70.46.031
70.46.060
70.46.080
70.46.085
70.46.090
Districts of two or more counties—Health board—Membership—Chair.
Districts of one county—Health board—Membership.
District health board—Powers and duties.
District health funds.
County to bear expense of providing public health services.
Withdrawal of county.
(2006 Ed.)
Health Districts
70.46.100
70.46.110
70.46.120
70.46.130
Power to acquire, maintain, or dispose of property—Contracts.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for
five years.
License or permit fees.
Contracts for sale or purchase of health services authorized.
Local health departments, provisions relating to health districts: Chapter
70.05 RCW.
70.46.020
70.46.020 Districts of two or more counties—Health
board—Membership—Chair. Health districts consisting
of two or more counties may be created whenever two or
more boards of county commissioners shall by resolution
establish a district for such purpose. Such a district shall consist of all the area of the combined counties. The district
board of health of such a district shall consist of not less than
five members for districts of two counties and seven members for districts of more than two counties, including two
representatives from each county who are members of the
board of county commissioners and who are appointed by the
board of county commissioners of each county within the district, and shall have a jurisdiction coextensive with the combined boundaries. The boards of county commissioners may
by resolution or ordinance provide for elected officials from
cities and towns and persons other than elected officials as
members of the district board of health so long as persons
other than elected officials do not constitute a majority. A
resolution or ordinance adopted under this section must specify the provisions for the appointment, term, and compensation, or reimbursement of expenses. Any multicounty health
district existing on *the effective date of this act shall continue in existence unless and until changed by affirmative
action of all boards of county commissioners or one or more
counties withdraws [withdraw] pursuant to RCW 70.46.090.
At the first meeting of a district board of health the members shall elect a chair to serve for a period of one year. [1995
c 43 § 10; 1993 c 492 § 247; 1967 ex.s. c 51 § 6; 1945 c 183
§ 2; Rem. Supp. 1945 § 6099-11.]
*Reviser’s note: For "the effective date of this act" see note following
RCW 70.05.030.
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: See note following RCW 70.05.010.
70.46.085
Any single county health district existing on *the effective date of this act shall continue in existence unless and
until changed by affirmative action of the county legislative
authority. [1995 c 43 § 11.]
*Reviser’s note: For "the effective date of this act" see note following
RCW 70.05.030.
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
70.46.060
70.46.060 District health board—Powers and duties.
The district board of health shall constitute the local board of
health for all the territory included in the health district, and
shall supersede and exercise all the powers and perform all
the duties by law vested in the county board of health of any
county included in the health district. [1993 c 492 § 248;
1967 ex.s. c 51 § 11; 1945 c 183 § 6; Rem. Supp. 1945 §
6099-15.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: See note following RCW 70.05.010.
70.46.080
70.46.080 District health funds. Each health district
shall establish a fund to be designated as the "district health
fund", in which shall be placed all sums received by the district from any source, and out of which shall be expended all
sums disbursed by the district. In a district composed of more
than one county the county treasurer of the county having the
largest population shall be the custodian of the fund, and the
county auditor of said county shall keep the record of the
receipts and disbursements, and shall draw and the county
treasurer shall honor and pay all warrants, which shall be
approved before issuance and payment as directed by the
board.
Each county which is included in the district shall contribute such sums towards the expense for maintaining and
operating the district as shall be agreed upon between it and
the local board of health in accordance with guidelines established by the state board of health. [1993 c 492 § 249; 1971
ex.s. c 85 § 10; 1967 ex.s. c 51 § 19; 1945 c 183 § 8; Rem.
Supp. 1945 § 6099-17.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.46.031
70.46.031 Districts of one county—Health board—
Membership. A health district to consist of one county may
be created whenever the county legislative authority of the
county shall pass a resolution or ordinance to organize such a
health district under chapter 70.05 RCW and this chapter.
The resolution or ordinance may specify the membership, representation on the district health board, or other matters relative to the formation or operation of the health district. The county legislative authority may appoint elected
officials from cities and towns and persons other than elected
officials as members of the health district board so long as
persons other than elected officials do not constitute a majority.
(2006 Ed.)
Severability—1967 ex.s. c 51: See note following RCW 70.05.010.
70.46.085
70.46.085 County to bear expense of providing public
health services. The expense of providing public health services shall be borne by each county within the health district.
[1993 c 492 § 250; 1967 ex.s. c 51 § 20.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: See note following RCW 70.05.010.
Expenses of enforcing health laws: RCW 70.05.130.
[Title 70 RCW—page 87]
70.46.090
Title 70 RCW: Public Health and Safety
70.46.090
70.46.090 Withdrawal of county. Any county may
withdraw from membership in said health district any time
after it has been within the district for a period of two years,
but no withdrawal shall be effective except at the end of the
calendar year in which the county gives at least six months’
notice of its intention to withdraw at the end of the calendar
year. No withdrawal shall entitle any member to a refund of
any moneys paid to the district nor relieve it of any obligations to pay to the district all sums for which it obligated itself
due and owing by it to the district for the year at the end of
which the withdrawal is to be effective. Any county which
withdraws from membership in said health district shall
immediately establish a health department or provide health
services which shall meet the standards for health services
promulgated by the state board of health. No local health
department may be deemed to provide adequate public health
services unless there is at least one full time professionally
trained and qualified physician as set forth in RCW
70.05.050. [1993 c 492 § 251; 1967 ex.s. c 51 § 21; 1945 c
183 § 9; Rem. Supp. 1945 § 6099-18.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: See note following RCW 70.05.010.
Chapter 70.47 RCW
BASIC HEALTH PLAN—HEALTH CARE
ACCESS ACT
Chapter 70.47
Sections
70.47.002
70.47.005
70.47.010
70.47.015
70.47.020
70.47.030
70.47.040
70.47.050
70.47.060
70.47.070
70.47.080
70.47.090
70.47.100
70.47.110
70.47.115
70.47.120
70.47.130
70.47.140
70.47.150
70.47.160
70.47.170
70.47.200
70.46.100
70.46.100 Power to acquire, maintain, or dispose of
property—Contracts. In addition to all other powers and
duties, a health district shall have the power to own, construct, purchase, lease, add to, and maintain any real and personal property or property rights necessary for the conduct of
the affairs of the district. A health district may sell, lease,
convey or otherwise dispose of any district real or personal
property no longer necessary for the conduct of the affairs of
the district. A health district may enter into contracts to carry
out the provisions of this section. [1957 c 100 § 2.]
70.47.201
70.47.210
70.47.900
70.47.901
Intent—2002 c 2 (Initiative Measure No. 773).
Transfer power, duties, and functions to Washington state
health care authority.
Legislative findings—Purpose—Administrator and department of social and health services to coordinate eligibility.
Expanded enrollment—Findings—Intent—Enrollee premium
share—Expedited application and enrollment process—
Commission for agents and brokers.
Definitions.
Basic health plan trust account—Basic health plan subscription account.
Basic health plan—Health care authority head to be administrator—Joint operations—Technical advisory committee.
Rules.
Powers and duties of administrator—Schedule of services—
Premiums, copayments, subsidies—Enrollment.
Benefits from other coverages not reduced.
Enrollment of applicants—Participation limitations.
Removal of enrollees.
Participation by a managed health care system.
Enrollment of medical assistance recipients.
Enrollment of persons in timber impact areas.
Administrator—Contracts for services.
Exemption from insurance code.
Reservation of legislative power.
Confidentiality.
Right of individuals to receive services—Right of providers,
carriers, and facilities to refuse to participate in or pay for
services for reason of conscience or religion—Requirements.
Annual reporting requirement.
Mental health services—Definition—Coverage required,
when.
Mental health services—Rules.
Prostate cancer screening.
Short title.
Severability—1987 1st ex.s. c 5.
70.47.002
70.47.002 Intent—2002 c 2 (Initiative Measure No.
773). It is the intent of the people to improve the health of
low-income children and adults by expanding access to basic
health care and by reducing tobacco-related and other diseases and illnesses that disproportionately affect low-income
persons. [2002 c 2 § 1 (Initiative Measure No. 773, approved
November 6, 2001).]
70.46.110
70.46.110 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
70.46.120
70.46.120 License or permit fees. In addition to all
other powers and duties, health districts shall have the power
to charge fees in connection with the issuance or renewal of a
license or permit required by law: PROVIDED, That the fees
charged shall not exceed the actual cost involved in issuing or
renewing the license or permit. [1993 c 492 § 252; 1963 c
121 § 1.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.46.130
70.46.130 Contracts for sale or purchase of health
services authorized. See RCW 70.05.150.
[Title 70 RCW—page 88]
70.47.005
70.47.005 Transfer power, duties, and functions to
Washington state health care authority. The powers,
duties, and functions of the Washington basic health plan are
hereby transferred to the Washington state health care authority. All references to the administrator of the Washington
basic health plan in the Revised Code of Washington shall be
construed to mean the administrator of the Washington state
health care authority. [1993 c 492 § 201.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.47.010
70.47.010 Legislative findings—Purpose—Administrator and department of social and health services to
coordinate eligibility. (1)(a) The legislature finds that limitations on access to health care services for enrollees in the
state, such as in rural and underserved areas, are particularly
challenging for the basic health plan. Statutory restrictions
have reduced the options available to the administrator to
(2006 Ed.)
Basic Health Plan—Health Care Access Act
address the access needs of basic health plan enrollees. It is
the intent of the legislature to authorize the administrator to
develop alternative purchasing strategies to ensure access to
basic health plan enrollees in all areas of the state, including:
(i) The use of differential rating for managed health care systems based on geographic differences in costs; and (ii) limited use of self-insurance in areas where adequate access cannot be assured through other options.
(b) In developing alternative purchasing strategies to
address health care access needs, the administrator shall consult with interested persons including health carriers, health
care providers, and health facilities, and with other appropriate state agencies including the office of the insurance commissioner and the office of community and rural health. In
pursuing such alternatives, the administrator shall continue to
give priority to prepaid managed care as the preferred method
of assuring access to basic health plan enrollees followed, in
priority order, by preferred providers, fee for service, and
self-funding.
(2) The legislature further finds that:
(a) A significant percentage of the population of this
state does not have reasonably available insurance or other
coverage of the costs of necessary basic health care services;
(b) This lack of basic health care coverage is detrimental
to the health of the individuals lacking coverage and to the
public welfare, and results in substantial expenditures for
emergency and remedial health care, often at the expense of
health care providers, health care facilities, and all purchasers
of health care, including the state; and
(c) The use of managed health care systems has significant potential to reduce the growth of health care costs
incurred by the people of this state generally, and by lowincome pregnant women, and at-risk children and adolescents who need greater access to managed health care.
(3) The purpose of this chapter is to provide or make
more readily available necessary basic health care services in
an appropriate setting to working persons and others who
lack coverage, at a cost to these persons that does not create
barriers to the utilization of necessary health care services. To
that end, this chapter establishes a program to be made available to those residents not eligible for medicare who share in
a portion of the cost or who pay the full cost of receiving
basic health care services from a managed health care system.
(4) It is not the intent of this chapter to provide health
care services for those persons who are presently covered
through private employer-based health plans, nor to replace
employer-based health plans. However, the legislature recognizes that cost-effective and affordable health plans may not
always be available to small business employers. Further, it is
the intent of the legislature to expand, wherever possible, the
availability of private health care coverage and to discourage
the decline of employer-based coverage.
(5)(a) It is the purpose of this chapter to acknowledge the
initial success of this program that has (i) assisted thousands
of families in their search for affordable health care; (ii) demonstrated that low-income, uninsured families are willing to
pay for their own health care coverage to the extent of their
ability to pay; and (iii) proved that local health care providers
are willing to enter into a public-private partnership as a managed care system.
(2006 Ed.)
70.47.015
(b) As a consequence, the legislature intends to extend an
option to enroll to certain citizens above two hundred percent
of the federal poverty guidelines within the state who reside
in communities where the plan is operational and who collectively or individually wish to exercise the opportunity to purchase health care coverage through the basic health plan if the
purchase is done at no cost to the state. It is also the intent of
the legislature to allow employers and other financial sponsors to financially assist such individuals to purchase health
care through the program so long as such purchase does not
result in a lower standard of coverage for employees.
(c) The legislature intends that, to the extent of available
funds, the program be available throughout Washington state
to subsidized and nonsubsidized enrollees. It is also the intent
of the legislature to enroll subsidized enrollees first, to the
maximum extent feasible.
(d) The legislature directs that the basic health plan
administrator identify enrollees who are likely to be eligible
for medical assistance and assist these individuals in applying
for and receiving medical assistance. The administrator and
the department of social and health services shall implement
a seamless system to coordinate eligibility determinations
and benefit coverage for enrollees of the basic health plan and
medical assistance recipients. [2000 c 79 § 42; 1993 c 492 §
208; 1987 1st ex.s. c 5 § 3.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.47.015
70.47.015 Expanded enrollment—Findings—
Intent—Enrollee premium share—Expedited application
and enrollment process—Commission for agents and
brokers. (1) The legislature finds that the basic health plan
has been an effective program in providing health coverage
for uninsured residents. Further, since 1993, substantial
amounts of public funds have been allocated for subsidized
basic health plan enrollment.
(2) It is the intent of the legislature that the basic health
plan enrollment be expanded expeditiously, consistent with
funds available in the health services account, with the goal
of two hundred thousand adult subsidized basic health plan
enrollees and one hundred thirty thousand children covered
through expanded medical assistance services by June 30,
1997, with the priority of providing needed health services to
children in conjunction with other public programs.
(3) Effective January 1, 1996, basic health plan enrollees
whose income is less than one hundred twenty-five percent of
the federal poverty level shall pay at least a ten-dollar premium share.
(4) No later than July 1, 1996, the administrator shall
implement procedures whereby hospitals licensed under
chapters 70.41 and 71.12 RCW, health carrier, rural health
care facilities regulated under chapter 70.175 RCW, and
community and migrant health centers funded under RCW
41.05.220, may expeditiously assist patients and their families in applying for basic health plan or medical assistance
coverage, and in submitting such applications directly to the
health care authority or the department of social and health
[Title 70 RCW—page 89]
70.47.020
Title 70 RCW: Public Health and Safety
services. The health care authority and the department of
social and health services shall make every effort to simplify
and expedite the application and enrollment process.
(5) No later than July 1, 1996, the administrator shall
implement procedures whereby health insurance agents and
brokers, licensed under chapter 48.17 RCW, may expeditiously assist patients and their families in applying for basic
health plan or medical assistance coverage, and in submitting
such applications directly to the health care authority or the
department of social and health services. Brokers and agents
may receive a commission for each individual sale of the
basic health plan to anyone not signed up within the previous
five years and a commission for each group sale of the basic
health plan, if funding for this purpose is provided in a specific appropriation to the health care authority. No commission shall be provided upon a renewal. Commissions shall be
determined based on the estimated annual cost of the basic
health plan, however, commissions shall not result in a reduction in the premium amount paid to health carriers. For purposes of this section "health carrier" is as defined in RCW
48.43.005. The administrator may establish: (a) Minimum
educational requirements that must be completed by the
agents or brokers; (b) an appointment process for agents or
brokers marketing the basic health plan; or (c) standards for
revocation of the appointment of an agent or broker to submit
applications for cause, including untrustworthy or incompetent conduct or harm to the public. The health care authority
and the department of social and health services shall make
every effort to simplify and expedite the application and
enrollment process. [1997 c 337 § 1; 1995 c 265 § 1.]
Effective date—1997 c 337 §§ 1 and 2: "Sections 1 and 2 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect July 1, 1997." [1997 c 337 § 9.]
Captions not law—1995 c 265: "Captions as used in this act constitute
no part of the law." [1995 c 265 § 29.]
Effective date—1995 c 265: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995,
except that sections 13 through 18 of this act shall take effect January 1,
1996." [1995 c 265 § 30.]
Savings—1995 c 265: "This act shall not be construed as affecting any
existing right acquired or liability or obligation incurred under the sections
amended or repealed in this act or under any rule or order adopted under
those sections, nor as affecting any proceeding instituted under those sections." [1995 c 265 § 31.]
Severability—1995 c 265: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 265 § 32.]
70.47.020
70.47.020 Definitions. As used in this chapter:
(1) "Washington basic health plan" or "plan" means the
system of enrollment and payment for basic health care services, administered by the plan administrator through participating managed health care systems, created by this chapter.
(2) "Administrator" means the Washington basic health
plan administrator, who also holds the position of administrator of the Washington state health care authority.
(3) "Health coverage tax credit program" means the program created by the Trade Act of 2002 (P.L. 107-210) that
provides a federal tax credit that subsidizes private health
insurance coverage for displaced workers certified to receive
[Title 70 RCW—page 90]
certain trade adjustment assistance benefits and for individuals receiving benefits from the pension benefit guaranty corporation.
(4) "Health coverage tax credit eligible enrollee" means
individual workers and their qualified family members who
lose their jobs due to the effects of international trade and are
eligible for certain trade adjustment assistance benefits; or
are eligible for benefits under the alternative trade adjustment
assistance program; or are people who receive benefits from
the pension benefit guaranty corporation and are at least fiftyfive years old.
(5) "Managed health care system" means: (a) Any health
care organization, including health care providers, insurers,
health care service contractors, health maintenance organizations, or any combination thereof, that provides directly or by
contract basic health care services, as defined by the administrator and rendered by duly licensed providers, to a defined
patient population enrolled in the plan and in the managed
health care system; or (b) a self-funded or self-insured
method of providing insurance coverage to subsidized enrollees provided under RCW 41.05.140 and subject to the limitations under RCW 70.47.100(7).
(6) "Subsidized enrollee" means an individual, or an
individual plus the individual’s spouse or dependent children:
(a) Who is not eligible for medicare; (b) who is not confined
or residing in a government-operated institution, unless he or
she meets eligibility criteria adopted by the administrator; (c)
who is not a full-time student who has received a temporary
visa to study in the United States; (d) who resides in an area
of the state served by a managed health care system participating in the plan; (e) whose gross family income at the time
of enrollment does not exceed two hundred percent of the
federal poverty level as adjusted for family size and determined annually by the federal department of health and
human services; and (f) who chooses to obtain basic health
care coverage from a particular managed health care system
in return for periodic payments to the plan. To the extent that
state funds are specifically appropriated for this purpose, with
a corresponding federal match, "subsidized enrollee" also
means an individual, or an individual’s spouse or dependent
children, who meets the requirements in (a) through (d) and
(f) of this subsection and whose gross family income at the
time of enrollment is more than two hundred percent, but less
than two hundred fifty-one percent, of the federal poverty
level as adjusted for family size and determined annually by
the federal department of health and human services.
(7) "Nonsubsidized enrollee" means an individual, or an
individual plus the individual’s spouse or dependent children:
(a) Who is not eligible for medicare; (b) who is not confined
or residing in a government-operated institution, unless he or
she meets eligibility criteria adopted by the administrator; (c)
who resides in an area of the state served by a managed health
care system participating in the plan; (d) who chooses to
obtain basic health care coverage from a particular managed
health care system; and (e) who pays or on whose behalf is
paid the full costs for participation in the plan, without any
subsidy from the plan.
(8) "Subsidy" means the difference between the amount
of periodic payment the administrator makes to a managed
health care system on behalf of a subsidized enrollee plus the
administrative cost to the plan of providing the plan to that
(2006 Ed.)
Basic Health Plan—Health Care Access Act
subsidized enrollee, and the amount determined to be the subsidized enrollee’s responsibility under RCW 70.47.060(2).
(9) "Premium" means a periodic payment, based upon
gross family income which an individual, their employer or
another financial sponsor makes to the plan as consideration
for enrollment in the plan as a subsidized enrollee, a nonsubsidized enrollee, or a health coverage tax credit eligible
enrollee.
(10) "Rate" means the amount, negotiated by the administrator with and paid to a participating managed health care
system, that is based upon the enrollment of subsidized, nonsubsidized, and health coverage tax credit eligible enrollees
in the plan and in that system. [2005 c 188 § 2; 2004 c 192 §
1; 2000 c 79 § 43; 1997 c 335 § 1; 1997 c 245 § 5. Prior:
1995 c 266 § 2; 1995 c 2 § 3; 1994 c 309 § 4; 1993 c 492 §
209; 1987 1st ex.s. c 5 § 4.]
Findings—2005 c 188: "The legislature finds that the basic health plan
is a valuable means of providing access to affordable health insurance coverage for low-income families and individuals in Washington state. The legislature further finds that persons studying in the United States as full-time students under temporary visas must show, as a condition of receiving their
temporary visa, that they have sufficient funds available for self-support during their entire proposed course of study. For this reason, the legislature
finds that it is not appropriate to provide subsidized basic health plan coverage to this group of students." [2005 c 188 § 1.]
70.47.040
(3) The administrator shall take every precaution to see
that none of the funds in the separate accounts created in this
section or that any premiums paid either by subsidized or
nonsubsidized enrollees are commingled in any way, except
that the administrator may combine funds designated for
administration of the plan into a single administrative
account. [2004 c 192 § 2; 1995 2nd sp.s. c 18 § 913; 1993 c
492 § 210; 1992 c 232 § 907. Prior: 1991 sp.s. c 13 § 68;
1991 sp.s. c 4 § 1; 1987 1st ex.s. c 5 § 5.]
Effective date—2004 c 192: See note following RCW 70.47.020.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1992 c 232: See note following RCW 43.33A.180.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1991 sp.s. c 4: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 sp.s. c 4 § 4.]
70.47.040
Effective date—2004 c 192: "This act takes effect January 1, 2005."
[2004 c 192 § 6.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Effective date—1995 c 266: See note following RCW 70.47.060.
Effective date—1995 c 2: See note following RCW 43.72.090.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.47.030
70.47.030 Basic health plan trust account—Basic
health plan subscription account. (1) The basic health plan
trust account is hereby established in the state treasury. Any
nongeneral fund-state funds collected for this program shall
be deposited in the basic health plan trust account and may be
expended without further appropriation. Moneys in the
account shall be used exclusively for the purposes of this
chapter, including payments to participating managed health
care systems on behalf of enrollees in the plan and payment
of costs of administering the plan.
During the 1995-97 fiscal biennium, the legislature may
transfer funds from the basic health plan trust account to the
state general fund.
(2) The basic health plan subscription account is created
in the custody of the state treasurer. All receipts from
amounts due from or on behalf of nonsubsidized enrollees
and health coverage tax credit eligible enrollees shall be
deposited into the account. Funds in the account shall be
used exclusively for the purposes of this chapter, including
payments to participating managed health care systems on
behalf of nonsubsidized enrollees and health coverage tax
credit eligible enrollees in the plan and payment of costs of
administering the plan. The account is subject to allotment
procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures.
(2006 Ed.)
70.47.040 Basic health plan—Health care authority
head to be administrator—Joint operations—Technical
advisory committee. (1) The Washington basic health plan
is created as a program within the Washington state health
care authority. The administrative head and appointing
authority of the plan shall be the administrator of the Washington state health care authority. The administrator shall
appoint a medical director. The medical director and up to
five other employees of the plan shall be exempt from the
civil service law, chapter 41.06 RCW.
(2) The administrator shall employ such other staff as are
necessary to fulfill the responsibilities and duties of the
administrator, such staff to be subject to the civil service law,
chapter 41.06 RCW. In addition, the administrator may contract with third parties for services necessary to carry out its
activities where this will promote economy, avoid duplication of effort, and make best use of available expertise. Any
such contractor or consultant shall be prohibited from releasing, publishing, or otherwise using any information made
available to it under its contractual responsibility without
specific permission of the plan. The administrator may call
upon other agencies of the state to provide available information as necessary to assist the administrator in meeting its
responsibilities under this chapter, which information shall
be supplied as promptly as circumstances permit.
(3) The administrator may appoint such technical or
advisory committees as he or she deems necessary. The
administrator shall appoint a standing technical advisory
committee that is representative of health care professionals,
health care providers, and those directly involved in the purchase, provision, or delivery of health care services, as well
as consumers and those knowledgeable of the ethical issues
involved with health care public policy. Individuals
appointed to any technical or other advisory committee shall
serve without compensation for their services as members,
but may be reimbursed for their travel expenses pursuant to
RCW 43.03.050 and 43.03.060.
[Title 70 RCW—page 91]
70.47.050
Title 70 RCW: Public Health and Safety
(4) The administrator may apply for, receive, and accept
grants, gifts, and other payments, including property and service, from any governmental or other public or private entity
or person, and may make arrangements as to the use of these
receipts, including the undertaking of special studies and
other projects relating to health care costs and access to
health care.
(5) Whenever feasible, the administrator shall reduce the
administrative cost of operating the program by adopting
joint policies or procedures applicable to both the basic
health plan and employee health plans. [1993 c 492 § 211;
1987 1st ex.s. c 5 § 6.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.47.050
70.47.050 Rules. The administrator may promulgate
and adopt rules consistent with this chapter to carry out the
purposes of this chapter. All rules shall be adopted in accordance with chapter 34.05 RCW. [1987 1st ex.s. c 5 § 7.]
70.47.060
70.47.060 Powers and duties of administrator—
Schedule of services—Premiums, copayments, subsidies—Enrollment. The administrator has the following
powers and duties:
(1) To design and from time to time revise a schedule of
covered basic health care services, including physician services, inpatient and outpatient hospital services, prescription
drugs and medications, and other services that may be necessary for basic health care. In addition, the administrator may,
to the extent that funds are available, offer as basic health
plan services chemical dependency services, mental health
services and organ transplant services; however, no one service or any combination of these three services shall increase
the actuarial value of the basic health plan benefits by more
than five percent excluding inflation, as determined by the
office of financial management. All subsidized and nonsubsidized enrollees in any participating managed health care
system under the Washington basic health plan shall be entitled to receive covered basic health care services in return for
premium payments to the plan. The schedule of services
shall emphasize proven preventive and primary health care
and shall include all services necessary for prenatal, postnatal, and well-child care. However, with respect to coverage
for subsidized enrollees who are eligible to receive prenatal
and postnatal services through the medical assistance program under chapter 74.09 RCW, the administrator shall not
contract for such services except to the extent that such services are necessary over not more than a one-month period in
order to maintain continuity of care after diagnosis of pregnancy by the managed care provider. The schedule of services shall also include a separate schedule of basic health
care services for children, eighteen years of age and younger,
for those subsidized or nonsubsidized enrollees who choose
to secure basic coverage through the plan only for their
dependent children. In designing and revising the schedule
of services, the administrator shall consider the guidelines for
assessing health services under the mandated benefits act of
1984, RCW 48.47.030, and such other factors as the administrator deems appropriate.
[Title 70 RCW—page 92]
(2)(a) To design and implement a structure of periodic
premiums due the administrator from subsidized enrollees
that is based upon gross family income, giving appropriate
consideration to family size and the ages of all family members. The enrollment of children shall not require the enrollment of their parent or parents who are eligible for the plan.
The structure of periodic premiums shall be applied to subsidized enrollees entering the plan as individuals pursuant to
subsection (11) of this section and to the share of the cost of
the plan due from subsidized enrollees entering the plan as
employees pursuant to subsection (12) of this section.
(b) To determine the periodic premiums due the administrator from nonsubsidized enrollees. Premiums due from
nonsubsidized enrollees shall be in an amount equal to the
cost charged by the managed health care system provider to
the state for the plan plus the administrative cost of providing
the plan to those enrollees and the premium tax under RCW
48.14.0201.
(c) To determine the periodic premiums due the administrator from health coverage tax credit eligible enrollees.
Premiums due from health coverage tax credit eligible enrollees must be in an amount equal to the cost charged by the
managed health care system provider to the state for the plan,
plus the administrative cost of providing the plan to those
enrollees and the premium tax under RCW 48.14.0201. The
administrator will consider the impact of eligibility determination by the appropriate federal agency designated by the
Trade Act of 2002 (P.L. 107-210) as well as the premium collection and remittance activities by the United States internal
revenue service when determining the administrative cost
charged for health coverage tax credit eligible enrollees.
(d) An employer or other financial sponsor may, with the
prior approval of the administrator, pay the premium, rate, or
any other amount on behalf of a subsidized or nonsubsidized
enrollee, by arrangement with the enrollee and through a
mechanism acceptable to the administrator. The administrator shall establish a mechanism for receiving premium payments from the United States internal revenue service for
health coverage tax credit eligible enrollees.
(e) To develop, as an offering by every health carrier
providing coverage identical to the basic health plan, as configured on January 1, 2001, a basic health plan model plan
with uniformity in enrollee cost-sharing requirements.
(3) To evaluate, with the cooperation of participating
managed health care system providers, the impact on the
basic health plan of enrolling health coverage tax credit eligible enrollees. The administrator shall issue to the appropriate
committees of the legislature preliminary evaluations on June
1, 2005, and January 1, 2006, and a final evaluation by June
1, 2006. The evaluation shall address the number of persons
enrolled, the duration of their enrollment, their utilization of
covered services relative to other basic health plan enrollees,
and the extent to which their enrollment contributed to any
change in the cost of the basic health plan.
(4) To end the participation of health coverage tax credit
eligible enrollees in the basic health plan if the federal government reduces or terminates premium payments on their
behalf through the United States internal revenue service.
(5) To design and implement a structure of enrollee costsharing due a managed health care system from subsidized,
nonsubsidized, and health coverage tax credit eligible enroll(2006 Ed.)
Basic Health Plan—Health Care Access Act
ees. The structure shall discourage inappropriate enrollee utilization of health care services, and may utilize copayments,
deductibles, and other cost-sharing mechanisms, but shall not
be so costly to enrollees as to constitute a barrier to appropriate utilization of necessary health care services.
(6) To limit enrollment of persons who qualify for subsidies so as to prevent an overexpenditure of appropriations for
such purposes. Whenever the administrator finds that there is
danger of such an overexpenditure, the administrator shall
close enrollment until the administrator finds the danger no
longer exists. Such a closure does not apply to health coverage tax credit eligible enrollees who receive a premium subsidy from the United States internal revenue service as long
as the enrollees qualify for the health coverage tax credit program.
(7) To limit the payment of subsidies to subsidized
enrollees, as defined in RCW 70.47.020. The level of subsidy provided to persons who qualify may be based on the
lowest cost plans, as defined by the administrator.
(8) To adopt a schedule for the orderly development of
the delivery of services and availability of the plan to residents of the state, subject to the limitations contained in RCW
70.47.080 or any act appropriating funds for the plan.
(9) To solicit and accept applications from managed
health care systems, as defined in this chapter, for inclusion
as eligible basic health care providers under the plan for subsidized enrollees, nonsubsidized enrollees, or health coverage tax credit eligible enrollees. The administrator shall
endeavor to assure that covered basic health care services are
available to any enrollee of the plan from among a selection
of two or more participating managed health care systems. In
adopting any rules or procedures applicable to managed
health care systems and in its dealings with such systems, the
administrator shall consider and make suitable allowance for
the need for health care services and the differences in local
availability of health care resources, along with other
resources, within and among the several areas of the state.
Contracts with participating managed health care systems
shall ensure that basic health plan enrollees who become eligible for medical assistance may, at their option, continue to
receive services from their existing providers within the managed health care system if such providers have entered into
provider agreements with the department of social and health
services.
(10) To receive periodic premiums from or on behalf of
subsidized, nonsubsidized, and health coverage tax credit eligible enrollees, deposit them in the basic health plan operating account, keep records of enrollee status, and authorize
periodic payments to managed health care systems on the
basis of the number of enrollees participating in the respective managed health care systems.
(11) To accept applications from individuals residing in
areas served by the plan, on behalf of themselves and their
spouses and dependent children, for enrollment in the Washington basic health plan as subsidized, nonsubsidized, or
health coverage tax credit eligible enrollees, to give priority
to members of the Washington national guard and reserves
who served in Operation Enduring Freedom, Operation Iraqi
Freedom, or Operation Noble Eagle, and their spouses and
dependents, for enrollment in the Washington basic health
plan, to establish appropriate minimum-enrollment periods
(2006 Ed.)
70.47.060
for enrollees as may be necessary, and to determine, upon
application and on a reasonable schedule defined by the
authority, or at the request of any enrollee, eligibility due to
current gross family income for sliding scale premiums.
Funds received by a family as part of participation in the
adoption support program authorized under RCW 26.33.320
and 74.13.100 through 74.13.145 shall not be counted toward
a family’s current gross family income for the purposes of
this chapter. When an enrollee fails to report income or
income changes accurately, the administrator shall have the
authority either to bill the enrollee for the amounts overpaid
by the state or to impose civil penalties of up to two hundred
percent of the amount of subsidy overpaid due to the enrollee
incorrectly reporting income. The administrator shall adopt
rules to define the appropriate application of these sanctions
and the processes to implement the sanctions provided in this
subsection, within available resources. No subsidy may be
paid with respect to any enrollee whose current gross family
income exceeds twice the federal poverty level or, subject to
RCW 70.47.110, who is a recipient of medical assistance or
medical care services under chapter 74.09 RCW. If a number
of enrollees drop their enrollment for no apparent good cause,
the administrator may establish appropriate rules or requirements that are applicable to such individuals before they will
be allowed to reenroll in the plan.
(12) To accept applications from business owners on
behalf of themselves and their employees, spouses, and
dependent children, as subsidized or nonsubsidized enrollees,
who reside in an area served by the plan. The administrator
may require all or the substantial majority of the eligible
employees of such businesses to enroll in the plan and establish those procedures necessary to facilitate the orderly
enrollment of groups in the plan and into a managed health
care system. The administrator may require that a business
owner pay at least an amount equal to what the employee
pays after the state pays its portion of the subsidized premium
cost of the plan on behalf of each employee enrolled in the
plan. Enrollment is limited to those not eligible for medicare
who wish to enroll in the plan and choose to obtain the basic
health care coverage and services from a managed care system participating in the plan. The administrator shall adjust
the amount determined to be due on behalf of or from all such
enrollees whenever the amount negotiated by the administrator with the participating managed health care system or systems is modified or the administrative cost of providing the
plan to such enrollees changes.
(13) To determine the rate to be paid to each participating managed health care system in return for the provision of
covered basic health care services to enrollees in the system.
Although the schedule of covered basic health care services
will be the same or actuarially equivalent for similar enrollees, the rates negotiated with participating managed health
care systems may vary among the systems. In negotiating
rates with participating systems, the administrator shall consider the characteristics of the populations served by the
respective systems, economic circumstances of the local area,
the need to conserve the resources of the basic health plan
trust account, and other factors the administrator finds relevant.
(14) To monitor the provision of covered services to
enrollees by participating managed health care systems in
[Title 70 RCW—page 93]
70.47.070
Title 70 RCW: Public Health and Safety
order to assure enrollee access to good quality basic health
care, to require periodic data reports concerning the utilization of health care services rendered to enrollees in order to
provide adequate information for evaluation, and to inspect
the books and records of participating managed health care
systems to assure compliance with the purposes of this chapter. In requiring reports from participating managed health
care systems, including data on services rendered enrollees,
the administrator shall endeavor to minimize costs, both to
the managed health care systems and to the plan. The administrator shall coordinate any such reporting requirements with
other state agencies, such as the insurance commissioner and
the department of health, to minimize duplication of effort.
(15) To evaluate the effects this chapter has on private
employer-based health care coverage and to take appropriate
measures consistent with state and federal statutes that will
discourage the reduction of such coverage in the state.
(16) To develop a program of proven preventive health
measures and to integrate it into the plan wherever possible
and consistent with this chapter.
(17) To provide, consistent with available funding, assistance for rural residents, underserved populations, and persons of color.
(18) In consultation with appropriate state and local government agencies, to establish criteria defining eligibility for
persons confined or residing in government-operated institutions.
(19) To administer the premium discounts provided
under RCW 48.41.200(3)(a) (i) and (ii) pursuant to a contract
with the Washington state health insurance pool. [2006 c 343
§ 9; 2004 c 192 § 3; 2001 c 196 § 13; 2000 c 79 § 34. Prior:
1998 c 314 § 17; 1998 c 148 § 1; prior: 1997 c 337 § 2; 1997
c 335 § 2; 1997 c 245 § 6; 1997 c 231 § 206; prior: 1995 c
266 § 1; 1995 c 2 § 4; 1994 c 309 § 5; 1993 c 492 § 212; 1992
c 232 § 908; prior: 1991 sp.s. c 4 § 2; 1991 c 3 § 339; 1987
1st ex.s. c 5 § 8.]
Findings—2006 c 343: See note following RCW 43.60A.160.
Effective date—2004 c 192: See note following RCW 70.47.020.
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Effective date—1997 c 337 §§ 1 and 2: See note following RCW
70.47.015.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
Effective date—1995 c 266: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 266 § 5.]
Effective date—1995 c 2: See note following RCW 43.72.090.
Contingency—1994 c 309 §§ 5 and 6: "If a court in a permanent
injunction, permanent order, or final decision determines that the amendments made by sections 5 and 6, chapter 309, Laws of 1994, must be submitted to the people for their adoption and ratification, or rejection, as a result of
section 13, chapter 2, Laws of 1994, the amendments made by sections 5 and
6, chapter 309, Laws of 1994, shall be null and void." [1994 c 309 § 7.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1992 c 232: See note following RCW 43.33A.180.
Effective date—1991 sp.s. c 4: See note following RCW 70.47.030.
[Title 70 RCW—page 94]
70.47.070
70.47.070 Benefits from other coverages not reduced.
The benefits available under the plan shall be subject to RCW
48.21.200 and shall be excess to the benefits payable under
the terms of any insurance policy issued to or on the behalf of
an enrollee that provides payments toward medical expenses
without a determination of liability for the injury. [1987 1st
ex.s. c 5 § 9.]
70.47.080
70.47.080 Enrollment of applicants—Participation
limitations. On and after July 1, 1988, the administrator
shall accept for enrollment applicants eligible to receive covered basic health care services from the respective managed
health care systems which are then participating in the plan.
Thereafter, total subsidized enrollment shall not result in
expenditures that exceed the total amount that has been made
available by the legislature in any act appropriating funds to
the plan. To the extent that new funding is appropriated for
expansion, the administrator shall endeavor to secure participation contracts from managed health care systems in geographic areas of the state that are unserved by the plan at the
time at which the new funding is appropriated. In the selection of any such areas the administrator shall take into
account the levels and rates of unemployment in different
areas of the state, the need to provide basic health care coverage to a population reasonably representative of the portion
of the state’s population that lacks such coverage, and the
need for geographic, demographic, and economic diversity.
The administrator shall at all times closely monitor
growth patterns of enrollment so as not to exceed that consistent with the orderly development of the plan as a whole, in
any area of the state or in any participating managed health
care system. The annual or biennial enrollment limitations
derived from operation of the plan under this section do not
apply to nonsubsidized enrollees as defined in *RCW
70.47.020(5). [1993 c 492 § 213; 1987 1st ex.s. c 5 § 10.]
*Reviser’s note: RCW 70.47.020 was amended by 2004 c 192 § 1,
changing subsection (5) to subsection (7), effective January 1, 2005.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.47.090
70.47.090 Removal of enrollees. Any enrollee whose
premium payments to the plan are delinquent or who moves
his or her residence out of an area served by the plan may be
dropped from enrollment status. An enrollee whose premium
is the responsibility of the department of social and health
services under RCW 70.47.110 may not be dropped solely
because of nonpayment by the department. The administrator
shall provide delinquent enrollees with advance written
notice of their removal from the plan and shall provide for a
hearing under chapters 34.05 and 34.12 RCW for any
enrollee who contests the decision to drop the enrollee from
the plan. Upon removal of an enrollee from the plan, the
administrator shall promptly notify the managed health care
system in which the enrollee has been enrolled, and shall not
be responsible for payment for health care services provided
to the enrollee (including, if applicable, members of the
enrollee’s family) after the date of notification. A managed
health care system may contest the denial of payment for cov(2006 Ed.)
Basic Health Plan—Health Care Access Act
erage of an enrollee through a hearing under chapters 34.05
and 34.12 RCW. [1987 1st ex.s. c 5 § 11.]
70.47.100
70.47.100 Participation by a managed health care
system. (1) A managed health care system participating in
the plan shall do so by contract with the administrator and
shall provide, directly or by contract with other health care
providers, covered basic health care services to each enrollee
covered by its contract with the administrator as long as payments from the administrator on behalf of the enrollee are
current. A participating managed health care system may
offer, without additional cost, health care benefits or services
not included in the schedule of covered services under the
plan. A participating managed health care system shall not
give preference in enrollment to enrollees who accept such
additional health care benefits or services. Managed health
care systems participating in the plan shall not discriminate
against any potential or current enrollee based upon health
status, sex, race, ethnicity, or religion. The administrator
may receive and act upon complaints from enrollees regarding failure to provide covered services or efforts to obtain
payment, other than authorized copayments, for covered services directly from enrollees, but nothing in this chapter
empowers the administrator to impose any sanctions under
Title 18 RCW or any other professional or facility licensing
statute.
(2) The plan shall allow, at least annually, an opportunity
for enrollees to transfer their enrollments among participating
managed health care systems serving their respective areas.
The administrator shall establish a period of at least twenty
days in a given year when this opportunity is afforded enrollees, and in those areas served by more than one participating
managed health care system the administrator shall endeavor
to establish a uniform period for such opportunity. The plan
shall allow enrollees to transfer their enrollment to another
participating managed health care system at any time upon a
showing of good cause for the transfer.
(3) Prior to negotiating with any managed health care
system, the administrator shall determine, on an actuarially
sound basis, the reasonable cost of providing the schedule of
basic health care services, expressed in terms of upper and
lower limits, and recognizing variations in the cost of providing the services through the various systems and in different
areas of the state.
(4) In negotiating with managed health care systems for
participation in the plan, the administrator shall adopt a uniform procedure that includes at least the following:
(a) The administrator shall issue a request for proposals,
including standards regarding the quality of services to be
provided; financial integrity of the responding systems; and
responsiveness to the unmet health care needs of the local
communities or populations that may be served;
(b) The administrator shall then review responsive proposals and may negotiate with respondents to the extent necessary to refine any proposals;
(c) The administrator may then select one or more systems to provide the covered services within a local area; and
(d) The administrator may adopt a policy that gives preference to respondents, such as nonprofit community health
clinics, that have a history of providing quality health care
services to low-income persons.
(2006 Ed.)
70.47.110
(5) The administrator may contract with a managed
health care system to provide covered basic health care services to subsidized enrollees, nonsubsidized enrollees, health
coverage tax credit eligible enrollees, or any combination
thereof.
(6) The administrator may establish procedures and policies to further negotiate and contract with managed health
care systems following completion of the request for proposal process in subsection (4) of this section, upon a determination by the administrator that it is necessary to provide
access, as defined in the request for proposal documents, to
covered basic health care services for enrollees.
(7)(a) The administrator shall implement a self-funded
or self-insured method of providing insurance coverage to
subsidized enrollees, as provided under RCW 41.05.140, if
one of the following conditions is met:
(i) The authority determines that no managed health care
system other than the authority is willing and able to provide
access, as defined in the request for proposal documents, to
covered basic health care services for all subsidized enrollees
in an area; or
(ii) The authority determines that no other managed
health care system is willing to provide access, as defined in
the request for proposal documents, for one hundred thirtythree percent of the statewide benchmark price or less, and
the authority is able to offer such coverage at a price that is
less than the lowest price at which any other managed health
care system is willing to provide such access in an area.
(b) The authority shall initiate steps to provide the coverage described in (a) of this subsection within ninety days of
making its determination that the conditions for providing a
self-funded or self-insured method of providing insurance
have been met.
(c) The administrator may not implement a self-funded
or self-insured method of providing insurance in an area
unless the administrator has received a certification from a
member of the American academy of actuaries that the funding available in the basic health plan self-insurance reserve
account is sufficient for the self-funded or self-insured risk
assumed, or expected to be assumed, by the administrator.
[2004 c 192 § 4; 2000 c 79 § 35; 1987 1st ex.s. c 5 § 12.]
Effective date—2004 c 192: See note following RCW 70.47.020.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
70.47.110
70.47.110 Enrollment of medical assistance recipients. The department of social and health services may make
payments to the administrator or to participating managed
health care systems on behalf of any enrollee who is a recipient of medical care under chapter 74.09 RCW, at the maximum rate allowable for federal matching purposes under
Title XIX of the social security act. Any enrollee on whose
behalf the department of social and health services makes
such payments may continue as an enrollee, making premium
payments based on the enrollee’s own income as determined
under the sliding scale, after eligibility for coverage under
chapter 74.09 RCW has ended, as long as the enrollee
remains eligible under this chapter. Nothing in this section
affects the right of any person eligible for coverage under
chapter 74.09 RCW to receive the services offered to other
persons under that chapter but not included in the schedule of
[Title 70 RCW—page 95]
70.47.115
Title 70 RCW: Public Health and Safety
basic health care services covered by the plan. The administrator shall seek to determine which enrollees or prospective
enrollees may be eligible for medical care under chapter
74.09 RCW and may require these individuals to complete
the eligibility determination process under chapter 74.09
RCW prior to enrollment or continued participation in the
plan. The administrator and the department of social and
health services shall cooperatively adopt procedures to facilitate the transition of plan enrollees and payments on their
behalf between the plan and the programs established under
chapter 74.09 RCW. [1991 sp.s. c 4 § 3; 1987 1st ex.s. c 5 §
13.]
Effective date—1991 sp.s. c 4: See note following RCW 70.47.030.
70.47.115
70.47.115 Enrollment of persons in timber impact
areas. (1) The administrator, when specific funding is provided and where feasible, shall make the basic health plan
available in timber impact areas. The administrator shall prioritize making the plan available under this section to the timber impact areas meeting the following criteria, as determined by the employment security department: (a) A lumber
and wood products employment location quotient at or above
the state average; (b) a direct lumber and wood products job
loss of one hundred positions or more; and (c) an annual
unemployment rate twenty percent above the state average.
(2) Persons assisted under this section shall meet the
requirements of enrollee as defined in *RCW 70.47.020(4).
(3) For purposes of this section, "timber impact area"
means:
(a) A county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and
meeting two of the following three criteria, as determined by
the employment security department, for the most recent year
such data is available: (i) A lumber and wood products
employment location quotient at or above the state average;
(ii) projected or actual direct lumber and wood products job
losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less
than five hundred thousand must have direct lumber and
wood products job losses of one thousand positions or more;
or (iii) an annual unemployment rate twenty percent or more
above the state average; or
(b) Additional communities as the economic recovery
coordinating board, established in **RCW 43.31.631, designates based on a finding by the board that each designated
community is socially and economically integrated with
areas that meet the definition of a timber impact area under
(a) of this subsection. [1992 c 21 § 7; 1991 c 315 § 22.]
Reviser’s note: *(1) RCW 70.47.020 was amended by 2004 c 192 § 1,
changing subsection (4) to subsection (6), effective January 1, 2005.
**(2) RCW 43.31.631 was repealed by 1995 c 226 § 33 and 1995 c 269
§ 1902, effective July 1, 1995.
Intent—1991 c 315: See note following RCW 28B.50.030.
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
70.47.120
70.47.120 Administrator—Contracts for services. In
addition to the powers and duties specified in RCW
70.47.040 and 70.47.060, the administrator has the power to
enter into contracts for the following functions and services:
[Title 70 RCW—page 96]
(1) With public or private agencies, to assist the administrator in her or his duties to design or revise the schedule of
covered basic health care services, and/or to monitor or evaluate the performance of participating managed health care
systems.
(2) With public or private agencies, to provide technical
or professional assistance to health care providers, particularly public or private nonprofit organizations and providers
serving rural areas, who show serious intent and apparent
capability to participate in the plan as managed health care
systems.
(3) With public or private agencies, including health care
service contractors registered under RCW 48.44.015, and
doing business in the state, for marketing and administrative
services in connection with participation of managed health
care systems, enrollment of enrollees, billing and collection
services to the administrator, and other administrative functions ordinarily performed by health care service contractors,
other than insurance. Any activities of a health care service
contractor pursuant to a contract with the administrator under
this section shall be exempt from the provisions and requirements of Title 48 RCW except that persons appointed or
authorized to solicit applications for enrollment in the basic
health plan shall comply with chapter 48.17 RCW. [1997 c
337 § 7; 1987 1st ex.s. c 5 § 14.]
70.47.130
70.47.130 Exemption from insurance code. (1) The
activities and operations of the Washington basic health plan
under this chapter, including those of managed health care
systems to the extent of their participation in the plan, are
exempt from the provisions and requirements of Title 48
RCW except:
(a) Benefits as provided in RCW 70.47.070;
(b) Managed health care systems are subject to the provisions of RCW 48.43.022, 48.43.500, 70.02.045, 48.43.505
through 48.43.535, 43.70.235, 48.43.545, 48.43.550,
70.02.110, and 70.02.900;
(c) Persons appointed or authorized to solicit applications for enrollment in the basic health plan, including
employees of the health care authority, must comply with
chapter 48.17 RCW. For purposes of this subsection (1)(c),
"solicit" does not include distributing information and applications for the basic health plan and responding to questions;
and
(d) Amounts paid to a managed health care system by the
basic health plan for participating in the basic health plan and
providing health care services for nonsubsidized enrollees in
the basic health plan must comply with RCW 48.14.0201.
(2) The purpose of the 1994 amendatory language to this
section in chapter 309, Laws of 1994 is to clarify the intent of
the legislature that premiums paid on behalf of nonsubsidized
enrollees in the basic health plan are subject to the premium
and prepayment tax. The legislature does not consider this
clarifying language to either raise existing taxes nor to
impose a tax that did not exist previously. [2004 c 115 § 2;
2000 c 5 § 21; 1997 c 337 § 8; 1994 c 309 § 6; 1987 1st ex.s.
c 5 § 15.]
Intent—Purpose—2000 c 5: See RCW 48.43.500.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
(2006 Ed.)
Basic Health Plan—Health Care Access Act
Contingency—1994 c 309 §§ 5 and 6: See note following RCW
70.47.060.
70.47.140
70.47.140 Reservation of legislative power. The legislature reserves the right to amend or repeal all or any part of
this chapter at any time and there shall be no vested private
right of any kind against such amendment or repeal. All the
rights, privileges, or immunities conferred by this chapter or
any acts done pursuant thereto shall exist subject to the power
of the legislature to amend or repeal this chapter at any time.
[1987 1st ex.s. c 5 § 2.]
70.47.150
70.47.150 Confidentiality. Notwithstanding the provisions of chapter 42.56 RCW, (1) records obtained, reviewed
by, or on file with the plan containing information concerning
medical treatment of individuals shall be exempt from public
inspection and copying; and (2) actuarial formulas, statistics,
and assumptions submitted in support of a rate filing by a
managed health care system or submitted to the administrator
upon his or her request shall be exempt from public inspection and copying in order to preserve trade secrets or prevent
unfair competition. [2005 c 274 § 336; 1990 c 54 § 1.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
70.47.160
70.47.160 Right of individuals to receive services—
Right of providers, carriers, and facilities to refuse to participate in or pay for services for reason of conscience or
religion—Requirements. (1) The legislature recognizes
that every individual possesses a fundamental right to exercise their religious beliefs and conscience. The legislature
further recognizes that in developing public policy, conflicting religious and moral beliefs must be respected. Therefore,
while recognizing the right of conscientious objection to participating in specific health services, the state shall also recognize the right of individuals enrolled with the basic health
plan to receive the full range of services covered under the
basic health plan.
(2)(a) No individual health care provider, religiously
sponsored health carrier, or health care facility may be
required by law or contract in any circumstances to participate in the provision of or payment for a specific service if
they object to so doing for reason of conscience or religion.
No person may be discriminated against in employment or
professional privileges because of such objection.
(b) The provisions of this section are not intended to
result in an enrollee being denied timely access to any service
included in the basic health plan. Each health carrier shall:
(i) Provide written notice to enrollees, upon enrollment
with the plan, listing services that the carrier refuses to cover
for reason of conscience or religion;
(ii) Provide written information describing how an
enrollee may directly access services in an expeditious manner; and
(iii) Ensure that enrollees refused services under this section have prompt access to the information developed pursuant to (b)(ii) of this subsection.
(c) The administrator shall establish a mechanism or
mechanisms to recognize the right to exercise conscience
while ensuring enrollees timely access to services and to
assure prompt payment to service providers.
(2006 Ed.)
70.47.200
(3)(a) No individual or organization with a religious or
moral tenet opposed to a specific service may be required to
purchase coverage for that service or services if they object to
doing so for reason of conscience or religion.
(b) The provisions of this section shall not result in an
enrollee being denied coverage of, and timely access to, any
service or services excluded from their benefits package as a
result of their employer’s or another individual’s exercise of
the conscience clause in (a) of this subsection.
(c) The administrator shall define the process through
which health carriers may offer the basic health plan to individuals and organizations identified in (a) and (b) of this subsection in accordance with the provisions of subsection (2)(c)
of this section.
(4) Nothing in this section requires the health care
authority, health carriers, health care facilities, or health care
providers to provide any basic health plan service without
payment of appropriate premium share or enrollee cost sharing. [1995 c 266 § 3.]
Effective date—1995 c 266: See note following RCW 70.47.060.
70.47.170
70.47.170 Annual reporting requirement. (1) The
health care authority, in coordination with the department of
social and health services, shall by November 15th of each
year report to the legislature:
(a) The number of basic health plan enrollees who: (i)
Upon enrollment or recertification had reported being
employed, and beginning with the 2008 report, the month and
year they reported being hired; or (ii) upon enrollment or
recertification had reported being the dependent of someone
who was employed, and beginning with the 2008 report, the
month and year they reported the employed person was hired;
and (iii) the total cost to the state for these enrollees. The
information shall be reported by employer [size] for employers having more than fifty employees as enrollees or with
dependents as enrollees. This information shall be provided
for the preceding January and June of that year.
(b) The following aggregated information: (i) The number of employees who are enrollees or with dependents as
enrollees by private and governmental employers; (ii) the
number of employees who are enrollees or with dependents
as enrollees by employer size for employers with fifty or
fewer employees, fifty-one to one hundred employees, one
hundred one to one thousand employees, one thousand one to
five thousand employees and more than five thousand
employees; and (iii) the number of employees who are enrollees or with dependents as enrollees by industry type.
[(2)] For each aggregated classification, the report will
include the number of hours worked and total cost to the state
for these enrollees. This information shall be for each quarter
of the preceding year. [2006 c 264 § 1.]
70.47.200
70.47.200 Mental health services—Definition—Coverage required, when. (1) For the purposes of this section,
"mental health services" means medically necessary outpatient and inpatient services provided to treat mental disorders
covered by the diagnostic categories listed in the most current
version of the diagnostic and statistical manual of mental disorders, published by the American psychiatric association, on
July 24, 2005, or such subsequent date as may be determined
[Title 70 RCW—page 97]
70.47.201
Title 70 RCW: Public Health and Safety
by the administrator, by rule, consistent with the purposes of
chapter 6, Laws of 2005, with the exception of the following
categories, codes, and services: (a) Substance related disorders; (b) life transition problems, currently referred to as "V"
codes, and diagnostic codes 302 through 302.9 as found in
the diagnostic and statistical manual of mental disorders, 4th
edition, published by the American psychiatric association;
(c) skilled nursing facility services, home health care, residential treatment, and custodial care; and (d) court ordered
treatment, unless the Washington basic health plan’s or contracted managed health care system’s medical director or designee determines the treatment to be medically necessary.
(2)(a) Any schedule of benefits established or renewed
by the Washington basic health plan on or after January 1,
2006, shall provide coverage for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the schedule of benefits. Wellness
and preventive services that are provided or reimbursed at a
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison; and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered under the schedule of benefits.
(b) Any schedule of benefits established or renewed by
the Washington basic health plan on or after January 1, 2008,
shall provide coverage for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the schedule of benefits. Wellness
and preventive services that are provided or reimbursed at a
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison. If the schedule of benefits imposes a maximum
out-of-pocket limit or stop loss, it shall be a single limit or
stop loss for medical, surgical, and mental health services;
and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered under the schedule of benefits.
(c) Any schedule of benefits established or renewed by
the Washington basic health plan on or after July 1, 2010,
shall include coverage for:
(i) Mental health services. The copayment or coinsurance for mental health services may be no more than the
copayment or coinsurance for medical and surgical services
otherwise provided under the schedule of benefits. Wellness
and preventive services that are provided or reimbursed at a
lesser copayment, coinsurance, or other cost sharing than
other medical and surgical services are excluded from this
comparison. If the schedule of benefits imposes a maximum
out-of-pocket limit or stop loss, it shall be a single limit or
stop loss for medical, surgical, and mental health services. If
the schedule of benefits imposes any deductible, mental
health services shall be included with medical and surgical
services for the purpose of meeting the deductible require[Title 70 RCW—page 98]
ment. Treatment limitations or any other financial requirements on coverage for mental health services are only
allowed if the same limitations or requirements are imposed
on coverage for medical and surgical services; and
(ii) Prescription drugs intended to treat any of the disorders covered in subsection (1) of this section to the same
extent, and under the same terms and conditions, as other prescription drugs covered under the schedule of benefits.
(3) In meeting the requirements of subsection (2)(a) and
(b) of this section, the Washington basic health plan may not
reduce the number of mental health outpatient visits or mental health inpatient days below the level in effect on July 1,
2002.
(4) This section does not prohibit a requirement that
mental health services be medically necessary as determined
by the medical director or designee, if a comparable requirement is applicable to medical and surgical services.
(5) Nothing in this section shall be construed to prevent
the management of mental health services. [2005 c 6 § 6.]
Findings—Intent—Severability—2005 c 6: See notes following
RCW 41.05.600.
70.47.201 Mental health services—Rules. The administrator may adopt rules to implement RCW 70.47.200.
[2005 c 6 § 11.]
70.47.201
Findings—Intent—Severability—2005 c 6: See notes following
RCW 41.05.600.
70.47.210 Prostate cancer screening. (1) Any schedule of benefits established or renewed by the Washington
basic health plan after December 31, 2006, shall provide coverage for prostate cancer screening, provided that the screening is delivered upon the recommendation of the patient’s
physician, advanced registered nurse practitioner, or physician assistant.
(2) This section shall not be construed to prevent the
application of standard policy provisions applicable to other
benefits, such as deductible or copayment provisions. This
section does not limit the authority of the health care authority to negotiate rates and contract with specific providers for
the delivery of prostate cancer screening services. [2006 c
367 § 7.]
70.47.210
70.47.900
70.47.900 Short title. This chapter shall be known and
may be cited as the health care access act of 1987. [1987 1st
ex.s. c 5 § 1.]
70.47.901
70.47.901 Severability—1987 1st ex.s. c 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1987 1st ex.s. c 5 § 26.]
Chapter 70.47A RCW
SMALL EMPLOYER HEALTH INSURANCE
PARTNERSHIP PROGRAM
Chapter 70.47A
Sections
70.47A.010 Finding—Intent.
70.47A.020 Definitions.
70.47A.030 Program established—Administrator duties.
(2006 Ed.)
Small Employer Health Insurance Partnership Program
70.47A.040 Premium subsidies—Enrollment verification, status
changes—Administrator duties—Rules.
70.47A.050 Enrollment to remain within appropriation.
70.47A.060 Rules.
70.47A.070 Reports.
70.47A.080 Small employer health insurance partnership program account.
70.47A.090 State children’s health insurance program—Federal waiver
request.
70.47A.900 Captions not law—2006 c 255.
70.47A.010
70.47A.010 Finding—Intent. (1) The legislature finds
that many small employers struggle with the cost of providing employer-sponsored health insurance coverage to their
employees, while others are unable to offer employer-sponsored health insurance due to its high cost. Low-wage workers also struggle with the burden of paying their share of the
costs of employer-sponsored health insurance, while others
turn down their employer’s offer of coverage due to its costs.
(2) The legislature intends, through establishment of a
small employer health insurance partnership program, to
remove economic barriers to health insurance coverage for
low-wage employees of small employers by building on the
private sector health benefit plan system and encouraging
employer and employee participation in employer-sponsored
health benefit plan coverage. [2006 c 255 § 1.]
70.47A.020
70.47A.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Administrator" means the administrator of the
Washington state health care authority, established under
chapter 41.05 RCW.
(2) "Eligible employee" means an individual who:
(a) Is a resident of the state of Washington;
(b) Has family income less than two hundred percent of
the federal poverty level, as determined annually by the federal department of health and human services; and
(c) Is employed by a small employer.
(3) "Health benefit plan" has the same meaning as
defined in RCW 48.43.005 or any plan provided by a selffunded multiple employer welfare arrangement as defined in
RCW 48.125.010 or by another benefit arrangement defined
in the federal employee retirement income security act of
1974, as amended.
(4) "Program" means the small employer health insurance partnership program established in RCW 70.47A.030.
(5) "Small employer" has the same meaning as defined
in RCW 48.43.005.
(6) "Subsidy" means payment or reimbursement to an
eligible employee toward the purchase of a health benefit
plan, and may include a net billing arrangement with insurance carriers or a prospective or retrospective payment for
health benefit plan premiums. [2006 c 255 § 2.]
70.47A.030
70.47A.030 Program established—Administrator
duties. To the extent funding is appropriated in the operating
budget for this purpose, the small employer health insurance
partnership program is established. The administrator shall
be responsible for the implementation and operation of the
small employer health insurance partnership program,
directly or by contract. The administrator shall offer premium subsidies to eligible employees under RCW
70.47A.040. [2006 c 255 § 3.]
(2006 Ed.)
70.47A.050
70.47A.040
70.47A.040 Premium subsidies—Enrollment verification, status changes—Administrator duties—Rules. (1)
Beginning July 1, 2007, the administrator shall accept applications from eligible employees, on behalf of themselves,
their spouses, and their dependent children, to receive premium subsidies through the small employer health insurance
partnership program.
(2) Premium subsidy payments may be provided to eligible employees if:
(a) The eligible employee is employed by a small
employer;
(b) The actuarial value of the health benefit plan offered
by the small employer is at least equivalent to that of the basic
health plan benefit offered under chapter 70.47 RCW. The
office of the insurance commissioner under Title 48 RCW
shall certify those small employer health benefit plans that
are at least actuarially equivalent to the basic health plan benefit; and
(c) The small employer will pay at least forty percent of
the monthly premium cost for health benefit plan coverage of
the eligible employee.
(3) The amount of an eligible employee’s premium subsidy shall be determined by applying the sliding scale subsidy
schedule developed for subsidized basic health plan enrollees
under RCW 70.47.060 to the employee’s premium obligation
for his or her employer’s health benefit plan.
(4) After an eligible individual has enrolled in the program, the program shall issue subsidies in an amount determined pursuant to subsection (3) of this section to either the
eligible employee or to the carrier designated by the eligible
employee.
(5) An eligible employee must agree to provide verification of continued enrollment in his or her small employer’s
health benefit plan on a semiannual basis or to notify the
administrator whenever his or her enrollment status changes,
whichever is earlier. Verification or notification may be
made directly by the employee, or through his or her
employer or the carrier providing the small employer health
benefit plan. When necessary, the administrator has the
authority to perform retrospective audits on premium subsidy
accounts. The administrator may suspend or terminate an
employee’s participation in the program and seek repayment
of any subsidy amounts paid due to the omission or misrepresentation of an applicant or enrolled employee. The administrator shall adopt rules to define the appropriate application
of these sanctions and the processes to implement the sanctions provided in this subsection, within available resources.
[2006 c 255 § 4.]
70.47A.050
70.47A.050 Enrollment to remain within appropriation. Enrollment in the small employer health insurance partnership program is not an entitlement and shall not result in
expenditures that exceed the amount that has been appropriated for the program in the operating budget. If it appears
that continued enrollment will result in expenditures exceeding the appropriated level for a particular fiscal year, the
administrator may freeze new enrollment in the program and
establish a waiting list of eligible employees who shall
receive subsidies only when sufficient funds are available.
[2006 c 255 § 5.]
[Title 70 RCW—page 99]
70.47A.060
Title 70 RCW: Public Health and Safety
70.47A.060
70.47A.060 Rules. The administrator shall adopt all
rules necessary for the implementation and operation of the
small employer health insurance partnership program. As
part of the rule development process, the administrator shall
consult with small employers, carriers, employee organizations, and the office of the insurance commissioner under
Title 48 RCW to determine an effective and efficient method
for the payment of subsidies under this chapter. All rules
shall be adopted in accordance with chapter 34.05 RCW.
[2006 c 255 § 6.]
Chapter 70.48
Sections
70.48.020
70.48.060
70.48.071
70.48.090
70.48.095
70.48.100
70.48.130
70.47A.070
70.47A.070 Reports. The administrator shall report
biennially to the relevant policy and fiscal committees of the
legislature on the effectiveness and efficiency of the small
employer health insurance partnership program, including
the services and benefits covered under the purchased health
benefit plans, consumer satisfaction, and other program operational issues. [2006 c 255 § 7.]
70.47A.080
70.47A.080 Small employer health insurance partnership program account. The small employer health
insurance partnership program account is hereby established
in the custody of the state treasurer. Any nongeneral fund—
state funds collected for the small employer health insurance
partnership program shall be deposited in the small employer
health insurance partnership program account. Moneys in the
account shall be used exclusively for the purposes of administering the small employer health insurance partnership program, including payments to participating managed health
care systems on behalf of small employer health insurance
partnership enrollees. Only the administrator of the health
care authority or his or her designee may authorize expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures. [2006 c 255 § 8.]
70.48.140
70.48.160
70.48.170
70.48.180
70.48.190
70.48.210
70.48.220
70.48.230
70.48.240
70.48.270
70.48.280
70.48.310
70.48.320
70.48.380
70.48.390
70.48.400
70.48.410
70.48.420
70.48.430
70.48.440
70.48.450
70.48.460
70.48.470
70.48.475
70.47A.090
70.47A.090 State children’s health insurance program—Federal waiver request. The department of social
and health services shall submit a request to the federal
department of health and human services by October 1, 2006,
for a state children’s health insurance program section 1115
demonstration waiver. The waiver request shall seek authorization from the federal government to draw down Washington state’s unspent state children’s health insurance program
allotment to finance basic health plan coverage, as provided
in chapter 70.47 RCW, for parents of children enrolled in
medical assistance or the state children’s health insurance
program. The waiver also shall seek authorization from the
federal government to utilize the resulting state savings to
finance expanded basic health plan enrollment, or subsidies
provided to low-wage workers through the small employer
health insurance partnership program established in this
chapter. [2006 c 255 § 9.]
70.47A.900
70.47A.900 Captions not law—2006 c 255. Captions
used in this act are not part of the law. [2006 c 255 § 11.]
[Title 70 RCW—page 100]
Chapter 70.48 RCW
CITY AND COUNTY JAILS ACT
70.48.480
Definitions.
Capital construction—Financial assistance—Rules—Oversight—Cost estimates.
Standards for operation—Adoption by units of local government.
Interlocal contracts for jail services—Responsibility for operation of jail—Departments of corrections authorized.
Regional jails.
Jail register, open to the public—Records confidential—
Exception.
Emergency or necessary medical and health care for confined
persons—Reimbursement procedures—Conditions—Limitations.
Confinement pursuant to authority of the United States.
Post-approval limitation on funding.
Short title.
Authority to locate and operate jail facilities—Counties.
Authority to locate and operate jail facilities—Cities and
towns.
Farms, camps, work release programs, and special detention
facilities.
Confinement may be wherever jail services are contracted—
Defendant contact with defense counsel.
Transportation and temporary confinement of prisoners.
Transfer of felons from jail to state institution—Time limit.
Disposition of proceeds from sale of bonds.
Proceeds of bond sale—Deposits—Administration.
Jail renovation bond retirement fund—Debt-limit general fund
bond retirement account.
Bonds legal investments for public funds.
Special detention facilities—Fees for cost of housing.
Fee payable by person being booked.
Sentences to be served in state institutions—When—Sentences that may be served in jail—Financial responsibility of
city or county.
Financial responsibility for convicted felons.
Financial responsibility for persons detained on parole hold.
Financial responsibility for work release inmates detained in
jail.
Office of financial management to establish reimbursement
rate for cities and counties—Rate until June 30, 1985—Reestablishment of rates.
Local jail reporting form—Information to be provided by city
or county requesting payment for prisoners from state.
Contracts for incarceration services for prisoners not covered
by RCW 70.48.400 through 70.48.450.
Sex, kidnapping offenders—Notices to offenders, law
enforcement officials.
Release of offender or defendant subject to a discharge
review—Required notifications.
Communicable disease prevention guidelines.
70.48.020
70.48.020 Definitions. As used in this chapter the
words and phrases in this section shall have the meanings
indicated unless the context clearly requires otherwise.
(1) "Holding facility" means a facility operated by a governing unit primarily designed, staffed, and used for the temporary housing of adult persons charged with a criminal
offense prior to trial or sentencing and for the temporary
housing of such persons during or after trial and/or sentencing, but in no instance shall the housing exceed thirty days.
(2) "Detention facility" means a facility operated by a
governing unit primarily designed, staffed, and used for the
temporary housing of adult persons charged with a criminal
offense prior to trial or sentencing and for the housing of
adult persons for purposes of punishment and correction after
sentencing or persons serving terms not to exceed ninety
days.
(3) "Special detention facility" means a minimum security facility operated by a governing unit primarily designed,
staffed, and used for the housing of special populations of
(2006 Ed.)
City and County Jails Act
sentenced persons who do not require the level of security
normally provided in detention and correctional facilities
including, but not necessarily limited to, persons convicted of
offenses under RCW 46.61.502 or 46.61.504.
(4) "Correctional facility" means a facility operated by a
governing unit primarily designed, staffed, and used for the
housing of adult persons serving terms not exceeding one
year for the purposes of punishment, correction, and rehabilitation following conviction of a criminal offense.
(5) "Jail" means any holding, detention, special detention, or correctional facility as defined in this section.
(6) "Health care" means preventive, diagnostic, and
rehabilitative services provided by licensed health care professionals and/or facilities; such care to include providing
prescription drugs where indicated.
(7) "Governing unit" means the city and/or county or any
combinations of cities and/or counties responsible for the
operation, supervision, and maintenance of a jail.
(8) "Major urban" means a county or combination of
counties which has a city having a population greater than
twenty-six thousand based on the 1978 projections of the
office of financial management.
(9) "Medium urban" means a county or combination of
counties which has a city having a population equal to or
greater than ten thousand but less than twenty-six thousand
based on the 1978 projections of the office of financial management.
(10) "Rural" means a county or combination of counties
which has a city having a population less than ten thousand
based on the 1978 projections of the office of financial management.
(11) "Office" means the office of financial management.
[1987 c 462 § 6; 1986 c 118 § 1; 1983 c 165 § 34; 1981 c 136
§ 25; 1979 ex.s. c 232 § 11; 1977 ex.s. c 316 § 2.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Effective date—1981 c 136: See RCW 72.09.900.
Severability—1977 ex.s. c 316: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 316 § 26.]
70.48.060
70.48.060 Capital construction—Financial assistance—Rules—Oversight—Cost estimates.
Reviser’s note: RCW 70.48.060 was amended by 1987 c 505 § 59
without reference to its repeal by 1987 c 462 § 23, effective January 1, 1988.
It has been decodified for publication purposes pursuant to RCW 1.12.025.
70.48.071
70.48.071 Standards for operation—Adoption by
units of local government. All units of local government
that own or operate adult correctional facilities shall, individually or collectively, adopt standards for the operation of
those facilities no later than January 1, 1988. Cities and towns
shall adopt the standards after considering guidelines established collectively by the cities and towns of the state; counties shall adopt the standards after considering guidelines
established collectively by the counties of the state. These
standards shall be the minimums necessary to meet federal
and state constitutional requirements relating to health,
safety, and welfare of inmates and staff, and specific state and
(2006 Ed.)
70.48.095
federal statutory requirements, and to provide for the public’s
health, safety, and welfare. Local correctional facilities shall
be operated in accordance with these standards. [1987 c 462
§ 17.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
70.48.090
70.48.090 Interlocal contracts for jail services—
Responsibility for operation of jail—Departments of corrections authorized. (1) Contracts for jail services may be
made between a county and a city, and among counties and
cities. The contracts shall: Be in writing, give one governing
unit the responsibility for the operation of the jails, specify
the responsibilities of each governing unit involved, and
include the applicable charges for custody of the prisoners as
well as the basis for adjustments in the charges. The contracts
may be terminated only by ninety days written notice to the
governing units involved and to the office. The notice shall
state the grounds for termination and the specific plans for
accommodating the affected jail population.
(2) The contract authorized in subsection (1) of this section shall be for a minimum term of ten years when state
funds are provided to construct or remodel a jail in one governing unit that will be used to house prisoners of other governing units. The contract may not be terminated prior to the
end of the term without the office’s approval. If the contract
is terminated, or upon the expiration and nonrenewal of the
contract, the governing unit whose jail facility was built or
remodeled to hold the prisoners of other governing units shall
pay to the state treasurer the amount set by the *corrections
standards board or office when it authorized disbursal of state
funds for the remodeling or construction under **RCW
70.48.120. This amount shall be deposited in the local jail
improvement and construction account and shall fairly represent the construction costs incurred in order to house prisoners from other governing units. The office may pay the funds
to the governing units which had previously contracted for
jail services under rules which the office may adopt. The
acceptance of state funds for constructing or remodeling consolidated jail facilities constitutes agreement to the proportionate amounts set by the office. Notice of the proportionate
amounts shall be given to all governing units involved.
(3) A city or county primarily responsible for the operation of a jail or jails may create a department of corrections to
be in charge of such jail and of all persons confined therein by
law, subject to the authority of the governing unit. If such
department is created, it shall have charge of jails and persons
confined therein. If no such department of corrections is created, the chief law enforcement officer of the city or county
primarily responsible for the operation of said jail shall have
charge of the jail and of all persons confined therein. [2002 c
125 § 1; 1987 c 462 § 7; 1986 c 118 § 6; 1979 ex.s. c 232 §
15; 1977 ex.s. c 316 § 9.]
Reviser’s note: *(1) The corrections standards board no longer exists.
See 1987 c 462 § 21.
**(2) RCW 70.48.120 was repealed by 1991 sp.s. c 13 § 122, effective
July 1, 1991.
Effective dates—1987 c 462: See note following RCW 13.04.116.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
70.48.095
70.48.095 Regional jails. (1) Regional jails may be created and operated between two or more local governments, or
[Title 70 RCW—page 101]
70.48.100
Title 70 RCW: Public Health and Safety
one or more local governments and the state, and may be governed by representatives from multiple jurisdictions.
(2) A jurisdiction that confines persons prior to conviction in a regional jail in another county is responsible for providing private telephone, video-conferencing, or in-person
contact between the defendant and his or her public defense
counsel.
(3) The creation and operation of any regional jail must
comply with the interlocal cooperation act described in chapter 39.34 RCW.
(4) Nothing in this section prevents counties and cities
from contracting for jail services as described in RCW
70.48.090. [2002 c 124 § 1.]
70.48.100
70.48.100 Jail register, open to the public—Records
confidential—Exception. (1) A department of corrections
or chief law enforcement officer responsible for the operation
of a jail shall maintain a jail register, open to the public, into
which shall be entered in a timely basis:
(a) The name of each person confined in the jail with the
hour, date and cause of the confinement; and
(b) The hour, date and manner of each person’s discharge.
(2) Except as provided in subsection (3) of this section
the records of a person confined in jail shall be held in confidence and shall be made available only to criminal justice
agencies as defined in RCW 43.43.705; or
(a) For use in inspections made pursuant to *RCW
70.48.070;
(b) In jail certification proceedings;
(c) For use in court proceedings upon the written order of
the court in which the proceedings are conducted; or
(d) Upon the written permission of the person.
(3)(a) Law enforcement may use booking photographs
of a person arrested or confined in a local or state penal institution to assist them in conducting investigations of crimes.
(b) Photographs and information concerning a person
convicted of a sex offense as defined in RCW 9.94A.030 may
be disseminated as provided in RCW 4.24.550, 9A.44.130,
9A.44.140, 10.01.200, 43.43.540, 43.43.745, 46.20.187,
70.48.470, 72.09.330, and **section 401, chapter 3, Laws of
1990. [1990 c 3 § 130; 1977 ex.s. c 316 § 10.]
Reviser’s note: *(1) RCW 70.48.070 was repealed by 1987 c 462 § 23,
effective January 1, 1988.
**(2) 1990 c 3 § 401 appears as a note following RCW 9A.44.130.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
70.48.130
70.48.130 Emergency or necessary medical and
health care for confined persons—Reimbursement procedures—Conditions—Limitations. It is the intent of the legislature that all jail inmates receive appropriate and costeffective emergency and necessary medical care. Governing
units, the department of social and health services, and medical care providers shall cooperate to achieve the best rates
consistent with adequate care.
Payment for emergency or necessary health care shall be
by the governing unit, except that the department of social
and health services shall directly reimburse the provider pursuant to chapter 74.09 RCW, in accordance with the rates and
[Title 70 RCW—page 102]
benefits established by the department, if the confined person
is eligible under the department’s medical care programs as
authorized under chapter 74.09 RCW. After payment by the
department, the financial responsibility for any remaining
balance, including unpaid client liabilities that are a condition
of eligibility or participation under chapter 74.09 RCW, shall
be borne by the medical care provider and the governing unit
as may be mutually agreed upon between the medical care
provider and the governing unit. In the absence of mutual
agreement between the medical care provider and the governing unit, the financial responsibility for any remaining balance shall be borne equally between the medical care provider and the governing unit. Total payments from all sources
to providers for care rendered to confined persons eligible
under chapter 74.09 RCW shall not exceed the amounts that
would be paid by the department for similar services provided under Title XIX medicaid, unless additional resources
are obtained from the confined person.
As part of the screening process upon booking or preparation of an inmate into jail, general information concerning
the inmate’s ability to pay for medical care shall be identified, including insurance or other medical benefits or
resources to which an inmate is entitled. This information
shall be made available to the department, the governing unit,
and any provider of health care services.
The governing unit or provider may obtain reimbursement from the confined person for the cost of health care services not provided under chapter 74.09 RCW, including
reimbursement from any insurance program or from other
medical benefit programs available to the confined person.
Nothing in this chapter precludes civil or criminal remedies
to recover the costs of medical care provided jail inmates or
paid for on behalf of inmates by the governing unit. As part
of a judgment and sentence, the courts are authorized to order
defendants to repay all or part of the medical costs incurred
by the governing unit or provider during confinement.
To the extent that a confined person is unable to be financially responsible for medical care and is ineligible for the
department’s medical care programs under chapter 74.09
RCW, or for coverage from private sources, and in the
absence of an interlocal agreement or other contracts to the
contrary, the governing unit may obtain reimbursement for
the cost of such medical services from the unit of government
whose law enforcement officers initiated the charges on
which the person is being held in the jail: PROVIDED, That
reimbursement for the cost of such services shall be by the
state for state prisoners being held in a jail who are accused of
either escaping from a state facility or of committing an
offense in a state facility.
There shall be no right of reimbursement to the governing unit from units of government whose law enforcement
officers initiated the charges for which a person is being held
in the jail for care provided after the charges are disposed of
by sentencing or otherwise, unless by intergovernmental
agreement pursuant to chapter 39.34 RCW.
Under no circumstance shall necessary medical services
be denied or delayed because of disputes over the cost of
medical care or a determination of financial responsibility for
payment of the costs of medical care provided to confined
persons.
(2006 Ed.)
City and County Jails Act
Nothing in this section shall limit any existing right of
any party, governing unit, or unit of government against the
person receiving the care for the cost of the care provided.
[1993 c 409 § 1; 1986 c 118 § 9; 1977 ex.s. c 316 § 13.]
Effective date—1993 c 409: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 15, 1993]." [1993 c 409 § 2.]
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
70.48.140
70.48.140 Confinement pursuant to authority of the
United States. A person having charge of a jail shall receive
and keep in such jail, when room is available, all persons confined or committed thereto by process or order issued under
authority of the United States until discharged according to
law, the same as if such persons had been committed under
process issued under authority of the state, if provision is
made by the United States for the support of such persons
confined, and for any additional personnel required. [1977
ex.s. c 316 § 14.]
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
70.48.160
70.48.160 Post-approval limitation on funding. Having received approval pursuant to *RCW 70.48.060, a governing unit shall not be eligible for further funding for physical plant standards for a period of ten years from the date of
the completion of the approved project. A jail shall not be
closed for noncompliance to physical plant standards within
this same ten year period. This section does not apply if:
(1) The state elects to fund phased components of a jail
project for which a governing unit has applied. In that
instance, initially funded components do not constitute full
funding within the meaning of *RCW 70.48.060(1) and
**70.48.070(2) and the state may fund subsequent phases of
the jail project;
(2) There is destruction of the facility because of an act
of God or the result of a negligent and/or criminal act. [1987
c 462 § 9; 1986 c 118 § 10; 1981 c 276 § 3; 1977 ex.s. c 316
§ 16.]
Reviser’s note: *(1) RCW 70.48.060 was repealed by 1987 c 462 § 23,
effective January 1, 1988.
**(2) RCW 70.48.070 was repealed by 1987 c 462 § 23, effective January 1, 1988.
Effective dates—1987 c 462: See note following RCW 13.04.116.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
70.48.170
70.48.170 Short title. This chapter shall be known and
may be cited as the City and County Jails Act. [1977 ex.s. c
316 § 17.]
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
70.48.180
70.48.180 Authority to locate and operate jail facilities—Counties. Counties may acquire, build, operate, and
maintain holding, detention, special detention, and correctional facilities as defined in RCW 70.48.020 at any place
designated by the county legislative authority within the territorial limits of the county. The facilities shall comply with
chapter 70.48 RCW and the rules adopted thereunder. [1983
c 165 § 37; 1979 ex.s. c 232 § 16.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
(2006 Ed.)
70.48.210
70.48.190
70.48.190 Authority to locate and operate jail facilities—Cities and towns. Cities and towns may acquire,
build, operate, and maintain holding, detention, special
detention, and correctional facilities as defined in RCW
70.48.020 at any place within the territorial limits of the
county in which the city or town is situated, as may be
selected by the legislative authority of the municipality. The
facilities comply with the provisions of chapter 70.48 RCW
and rules adopted thereunder. [1983 c 165 § 38; 1977 ex.s. c
316 § 19; 1965 c 7 § 35.21.330. Prior: 1917 c 103 § 1; RRS
§ 10204. Formerly RCW 35.21.330.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
70.48.210
70.48.210 Farms, camps, work release programs,
and special detention facilities. (1) All cities and counties
are authorized to establish and maintain farms, camps, and
work release programs and facilities, as well as special detention facilities. The facilities shall meet the requirements of
chapter 70.48 RCW and any rules adopted thereunder.
(2) Farms and camps may be established either inside or
outside the territorial limits of a city or county. A sentence of
confinement in a city or county jail may include placement in
a farm or camp. Unless directed otherwise by court order, the
chief law enforcement officer or department of corrections,
may transfer the prisoner to a farm or camp. The sentencing
court, chief law enforcement officer, or department of corrections may not transfer to a farm or camp a greater number of
prisoners than can be furnished with constructive employment and can be reasonably accommodated.
(3) The city or county may establish a city or county
work release program and housing facilities for the prisoners
in the program. In such regard, factors such as employment
conditions and the condition of jail facilities should be considered. When a work release program is established the following provisions apply:
(a) A person convicted of a felony and placed in a city or
county jail is eligible for the work release program. A person
sentenced to a city or county jail is eligible for the work
release program. The program may be used as a condition of
probation for a criminal offense. Good conduct is a condition
of participation in the program.
(b) The court may permit a person who is currently, regularly employed to continue his or her employment. The
chief law enforcement officer or department of corrections
shall make all necessary arrangements if possible. The court
may authorize the person to seek suitable employment and
may authorize the chief law enforcement officer or department of corrections to make reasonable efforts to find suitable employment for the person. A person participating in the
work release program may not work in an establishment
where there is a labor dispute.
(c) The work release prisoner shall be confined in a work
release facility or jail unless authorized to be absent from the
facility for program-related purposes, unless the court directs
otherwise.
(d) Each work release prisoner’s earnings may be collected by the chief law enforcement officer or a designee. The
chief law enforcement officer or a designee may deduct from
the earnings moneys for the payments for the prisoner’s
[Title 70 RCW—page 103]
70.48.220
Title 70 RCW: Public Health and Safety
board, personal expenses inside and outside the jail, a share
of the administrative expenses of this section, court-ordered
victim compensation, and court-ordered restitution. Support
payments for the prisoner’s dependents, if any, shall be made
as directed by the court. With the prisoner’s consent, the
remaining funds may be used to pay the prisoner’s preexisting debts. Any remaining balance shall be returned to the
prisoner.
(e) The prisoner’s sentence may be reduced by earned
early release time in accordance with procedures that shall be
developed and promulgated by the work release facility. The
earned early release time shall be for good behavior and good
performance as determined by the facility. The facility shall
not credit the offender with earned early release credits in
advance of the offender actually earning the credits. In the
case of an offender convicted of a serious violent offense or a
sex offense that is a class A felony committed on or after July
1, 1990, the aggregate earned early release time may not
exceed fifteen percent of the sentence. In no other case may
the aggregate earned early release time exceed one-third of
the total sentence.
(f) If the work release prisoner violates the conditions of
custody or employment, the prisoner shall be returned to the
sentencing court. The sentencing court may require the prisoner to spend the remainder of the sentence in actual confinement and may cancel any earned reduction of the sentence.
(4) A special detention facility may be operated by a
noncorrectional agency or by noncorrectional personnel by
contract with the governing unit. The employees shall meet
the standards of training and education established by the
criminal justice training commission as authorized by RCW
43.101.080. The special detention facility may use combinations of features including, but not limited to, low-security or
honor prisoner status, work farm, work release, community
review, prisoner facility maintenance and food preparation,
training programs, or alcohol or drug rehabilitation programs.
Special detention facilities may establish a reasonable fee
schedule to cover the cost of facility housing and programs.
The schedule shall be on a sliding basis that reflects the person’s ability to pay. [1990 c 3 § 203; 1989 c 248 § 3; 1985 c
298 § 1; 1983 c 165 § 39; 1979 ex.s. c 232 § 17.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Application—1989 c 248: See note following RCW 9.92.151.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
70.48.220
70.48.220 Confinement may be wherever jail services
are contracted—Defendant contact with defense counsel.
A person confined for an offense punishable by imprisonment in a city or county jail may be confined in the jail of any
city or county contracting with the prosecuting city or county
for jail services.
A jurisdiction that confines persons prior to conviction in
a jail in another county is responsible for providing private
telephone, video-conferencing, or in-person contact between
the defendant and his or her public defense counsel. [2002 c
125 § 2; 1979 ex.s. c 232 § 19.]
70.48.230
70.48.230 Transportation and temporary confinement of prisoners. The jurisdiction having immediate
[Title 70 RCW—page 104]
authority over a prisoner is responsible for the transportation
expenses. The transporting officer shall have custody of the
prisoner within any Washington county while being transported. Any jail within the state may be used for the temporary confinement of the prisoner with the only charge being
for the reasonable cost of board. [1979 ex.s. c 232 § 18.]
70.48.240
70.48.240 Transfer of felons from jail to state institution—Time limit. A person imprisoned in a jail and sentenced to a state institution for a felony conviction shall be
transferred to a state institution before the forty-first day from
the date of sentencing.
This section does not apply to persons sentenced for a
felony who are held in the facility as a condition of probation
or who are specifically sentenced to confinement in the facility.
Payment for persons sentenced to state institutions and
remaining in a jail from the eighth through the fortieth days
following sentencing shall be in accordance with the procedure prescribed under this chapter. [1984 c 235 § 8; 1979
ex.s. c 232 § 20.]
Effective dates—1984 c 235: See note following RCW 70.48.400.
70.48.270
70.48.270 Disposition of proceeds from sale of bonds.
The proceeds from the sale of bonds authorized by this chapter shall be deposited in the local jail improvement and construction account hereby created in the general fund and shall
be used exclusively for the purpose specified in this chapter
and for payment of the expenses incurred in the issuance and
sale of the bonds. [1979 ex.s. c 232 § 3.]
70.48.280
70.48.280 Proceeds of bond sale—Deposits—Administration. The proceeds from the sale of the bonds deposited
in the local jail improvement and construction account of the
general fund under the terms of this chapter shall be administered by the office subject to legislative appropriation. [1987
c 462 § 10; 1986 c 118 § 13; 1979 ex.s. c 232 § 4.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
70.48.310
70.48.310 Jail renovation bond retirement fund—
Debt-limit general fund bond retirement account. The jail
renovation bond retirement fund is hereby created in the state
treasury. This fund shall be used for the payment of interest
on and retirement of the bonds and notes authorized by this
chapter. The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the
bonds. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the jail renovation
bond retirement fund an amount equal to the amount certified
by the state finance committee to be due on the payment date.
The owner and holder of each of the bonds or the trustee for
any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed
in this section.
If a debt-limit general fund bond retirement account is
created in the state treasury by chapter 456, Laws of 1997 and
(2006 Ed.)
City and County Jails Act
becomes effective prior to the issuance of any of the bonds
authorized by this chapter, the debt-limit general fund bond
retirement account shall be used for the purposes of this chapter in lieu of the jail renovation bond retirement fund. [1997
c 456 § 26; 1979 ex.s. c 232 § 7.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
70.48.320
70.48.320 Bonds legal investments for public funds.
The bonds authorized in this chapter shall be a legal investment for all state funds or for funds under state control and
for all funds of any other public body. [1979 ex.s. c 232 § 8.]
70.48.380
70.48.380 Special detention facilities—Fees for cost
of housing. The legislative authority of a county or city that
establishes a special detention facility as defined in RCW
70.48.020 for persons convicted of violating RCW 46.61.502
or 46.61.504 may establish a reasonable fee schedule to cover
the cost of housing in the facility. The schedule shall be on a
sliding basis that reflects the person’s ability to pay. [1983 c
165 § 36.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
70.48.390
70.48.390 Fee payable by person being booked. A
governing unit may require that each person who is booked at
a city, county, or regional jail pay a fee based on the jail’s
actual booking costs or one hundred dollars, whichever is
less, to the sheriff’s department of the county or police chief
of the city in which the jail is located. The fee is payable
immediately from any money then possessed by the person
being booked, or any money deposited with the sheriff’s
department or city jail administration on the person’s behalf.
If the person has no funds at the time of booking or during the
period of incarceration, the sheriff or police chief may notify
the court in the county or city where the charges related to the
booking are pending, and may request the assessment of the
fee. Unless the person is held on other criminal matters, if the
person is not charged, is acquitted, or if all charges are dismissed, the sheriff or police chief shall return the fee to the
person at the last known address listed in the booking
records. [2003 c 99 § 1; 1999 c 325 § 3.]
70.48.400
70.48.400 Sentences to be served in state institutions—When—Sentences that may be served in jail—
Financial responsibility of city or county. Persons sentenced to felony terms or a combination of terms of more than
three hundred sixty-five days of incarceration shall be committed to state institutions under the authority of the department of corrections. Persons serving sentences of three hundred sixty-five consecutive days or less may be sentenced to
a jail as defined in RCW 70.48.020. All persons convicted of
felonies or misdemeanors and sentenced to jail shall be the
financial responsibility of the city or county. [1987 c 462 §
11; 1984 c 235 § 1.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
Effective dates—1984 c 235: "Section 5 of this act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
immediately [March 27, 1984]. The remainder of this act shall take effect
July 1, 1984." [1984 c 235 § 10.]
(2006 Ed.)
70.48.440
70.48.410
70.48.410 Financial responsibility for convicted felons. Persons convicted of a felony as defined by chapter
9A.20 RCW and committed to the care and custody of the
department of corrections shall be the financial responsibility
of the department of corrections not later than the eighth day,
excluding weekends and holidays, following sentencing for
the felony and notification that the prisoner is available for
movement to a state correctional institution. However, if
good cause is shown, a superior court judge may order the
prisoner detained in the jail beyond the eight-day period for
an additional period not to exceed ten days. If a superior court
orders a convicted felon to be detained beyond the eighth day
following sentencing, the county or city shall retain financial
responsibility for that ten-day period or portion thereof
ordered by the court. [1984 c 235 § 2.]
Effective dates—1984 c 235: See note following RCW 70.48.400.
70.48.420
70.48.420 Financial responsibility for persons
detained on parole hold. A person detained in jail solely by
reason of a parole hold is the financial responsibility of the
city or the county detaining the person until the sixteenth day,
at which time the person shall become the financial responsibility of the department of corrections. Persons who are
detained in a jail on a parole hold and for whom the prosecutor has filed a felony charge remain the responsibility of the
city or county. [1984 c 235 § 3.]
Effective dates—1984 c 235: See note following RCW 70.48.400.
70.48.430
70.48.430 Financial responsibility for work release
inmates detained in jail. Inmates, as defined by *RCW
72.09.020, who reside in a work release facility and who are
detained in a city or county jail are the financial responsibility
of the department of corrections. [1984 c 235 § 4.]
*Reviser’s note: RCW 72.09.020 was repealed by 1995 1st sp.s. c 19 §
36.
Effective dates—1984 c 235: See note following RCW 70.48.400.
70.48.440
70.48.440 Office of financial management to establish reimbursement rate for cities and counties—Rate
until June 30, 1985—Re-establishment of rates. The
office of financial management shall establish a uniform
equitable rate for reimbursing cities and counties for the care
of sentenced felons who are the financial responsibility of the
department of corrections and are detained or incarcerated in
a city or county jail.
Until June 30, 1985, the rate for the care of sentenced felons who are the financial responsibility of the department of
corrections shall be ten dollars per day. Cost of extraordinary
emergency medical care incurred by prisoners who are the
financial responsibility of the department of corrections
under this chapter shall be reimbursed. The department of
corrections shall be advised as far in advance as practicable
by competent medical authority of the nature and course of
treatment required to ensure the most efficient use of state
resources to address the medical needs of the offender. In the
event emergency medical care is needed, the department of
corrections shall be advised as soon as practicable after the
offender is treated.
Prior to June 30, 1985, the office of financial management shall meet with the *corrections standards board to
[Title 70 RCW—page 105]
70.48.450
Title 70 RCW: Public Health and Safety
establish criteria to determine equitable rates regarding variable costs for sentenced felons who are the financial responsibility of the department of corrections after June 30, 1985.
The office of financial management shall re-establish these
rates each even-numbered year beginning in 1986. [1984 c
235 § 5.]
*Reviser’s note: The corrections standards board no longer exists. See
1987 c 462 § 21.
Effective dates—1984 c 235: See note following RCW 70.48.400.
70.48.450
70.48.450 Local jail reporting form—Information to
be provided by city or county requesting payment for
prisoners from state. The department of corrections is
responsible for developing a reporting form for the local jails.
The form shall require sufficient information to identify the
person, type of state responsibility, method of notification for
availability for movement, and the number of days for which
the state is financially responsible. The information shall be
provided by the city or county requesting payment for prisoners who are the financial responsibility of the department of
corrections. [1984 c 235 § 6.]
having charge of a jail, or that person’s designee, shall notify
the *county designated mental health professional or the designated chemical dependency specialist seventy-two hours
prior to the release to the community of an offender or defendant who was subject to a discharge review under RCW
71.05.232. If the person having charge of the jail does not
receive seventy-two hours notice of the release, the notification to the *county designated mental health professional or
the designated chemical dependency specialist shall be made
as soon as reasonably possible, but not later than the actual
release to the community of the defendant or offender.
(2) When a person having charge of a jail, or that person’s designee, releases an offender or defendant who was
the subject of a discharge review under RCW 71.05.232, the
person having charge of a jail, or that person’s designee, shall
notify the state hospital from which the offender or defendant
was released. [2004 c 166 § 14.]
*Reviser’s note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental
health professional" by 2005 c 504 § 104.
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
Effective dates—1984 c 235: See note following RCW 70.48.400.
70.48.480
70.48.460
70.48.460 Contracts for incarceration services for
prisoners not covered by RCW 70.48.400 through
70.48.450. Nothing in RCW 70.48.400 through 70.48.450
precludes the establishment of mutually agreeable contracts
between the department of corrections and counties for incarceration services of prisoners not covered by RCW 70.48.400
through 70.48.450. [1984 c 235 § 7.]
Effective dates—1984 c 235: See note following RCW 70.48.400.
70.48.470
70.48.470 Sex, kidnapping offenders—Notices to
offenders, law enforcement officials. (1) A person having
charge of a jail shall notify in writing any confined person
who is in the custody of the jail for a conviction of a sex
offense as defined in RCW 9.94A.030 or a kidnapping
offense as defined in RCW 9A.44.130 of the registration
requirements of RCW 9A.44.130 at the time of the inmate’s
release from confinement, and shall obtain written acknowledgment of such notification. The person shall also obtain
from the inmate the county of the inmate’s residence upon
release from jail and, where applicable, the city.
(2) When a sex offender or a person convicted of a kidnapping offense as defined in RCW 9A.44.130 under local
government jurisdiction will reside in a county other than the
county of conviction upon discharge or release, the chief law
enforcement officer of the jail or his or her designee shall
give notice of the inmate’s discharge or release to the sheriff
of the county and, where applicable, to the police chief of the
city where the offender will reside. [2000 c 91 § 4. Prior:
1997 c 364 § 3; 1997 c 113 § 7; 1996 c 215 § 2; 1990 c 3 §
406.]
Severability—1997 c 364: See note following RCW 4.24.550.
Findings—1997 c 113: See note following RCW 4.24.550.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
70.48.475
70.48.475 Release of offender or defendant subject to
a discharge review—Required notifications. (1) A person
[Title 70 RCW—page 106]
70.48.480 Communicable disease prevention guidelines. (1) Local jail administrators shall develop and implement policies and procedures for the uniform distribution of
communicable disease prevention guidelines to all jail staff
who, in the course of their regularly assigned job responsibilities, may come within close physical proximity to offenders
or detainees with communicable diseases.
(2) The guidelines shall identify special precautions necessary to reduce the risk of transmission of communicable
diseases.
(3) For the purposes of this section, "communicable disease" means a sexually transmitted disease, as defined in
RCW 70.24.017, diseases caused by bloodborne pathogens,
or any other illness caused by an infectious agent that can be
transmitted from one person, animal, or object to another person by direct or indirect means including transmission via an
intermediate host or vector, food, water, or air. [1997 c 345 §
5.]
Findings—Intent—1997 c 345: See note following RCW 70.24.105.
Chapter 70.48A RCW
JAIL IMPROVEMENT AND CONSTRUCTION—
BOND ISSUE
Chapter 70.48A
Sections
70.48A.010
70.48A.020
70.48A.030
70.48A.040
70.48A.050
70.48A.060
70.48A.070
70.48A.080
70.48A.090
70.48A.900
Legislative declaration.
Bond issue authorized—Appropriations.
Proceeds from bond sale—Deposit, use.
Proceeds from bond sale—Administration.
Bonds—Minimum sale price.
Bonds—State’s full faith and credit pledged.
Bonds—Payment of interest, retirement.
Bonds legal investment for public funds.
Legislative intent.
Severability—1981 c 131.
70.48A.010
70.48A.010 Legislative declaration. In order for the
state to provide safe and humane detention and correctional
facilities, its long range development goals must include the
renovation of jail buildings and facilities. [1981 c 131 § 1.]
(2006 Ed.)
State Otologist
70.48A.020
70.48A.020 Bond issue authorized—Appropriations.
For the purpose of providing funds for the planning, acquisition, construction, and improvement of jail buildings and
necessary supporting facilities within the state, and the office
of financial management’s operational costs related to the
review of physical plant funding applications, award of
grants, and construction monitoring, the state finance committee is authorized to issue general obligation bonds of the
state of Washington in the sum of one hundred forty-four million three hundred thousand dollars, or so much thereof as
may be required, to finance the improvements defined in
RCW 70.48A.010 through 70.48A.080 and all costs incidental thereto, including administration, but not including acquisition or preparation of sites. Appropriations for administration shall be determined by the legislature. No bonds authorized by this section may be offered for sale without prior
legislative appropriation of the proceeds of the bonds to be
sold: PROVIDED, That the reappropriation of previously
authorized bond moneys and this new appropriation shall
constitute full funding of each approved project within the
meaning of *RCW 70.48.070 and 70.48.110. [1987 c 462 §
13; 1986 c 118 § 16; 1983 1st ex.s. c 63 § 1; 1981 c 131 § 2.]
*Reviser’s note: RCW 70.48.070 and 70.48.110 were repealed by
1987 c 462 § 23, effective January 1, 1988.
Effective dates—1987 c 462: See note following RCW 13.04.116.
70.48A.030
70.48A.030 Proceeds from bond sale—Deposit, use.
The proceeds from the sale of bonds authorized by RCW
70.48A.010 through 70.48A.080 shall be deposited in the
local jail improvement and construction account in the general fund and shall be used exclusively for the purpose specified in RCW 70.48A.010 through 70.48A.080 and for payment of the expenses incurred in the issuance and sale of the
bonds. [1981 c 131 § 3.]
70.48A.040
70.48A.040 Proceeds from bond sale—Administration. The proceeds from the sale of the bonds deposited in
the local jail improvement and construction account in the
general fund under the terms of RCW 70.48A.010 through
70.48A.080 shall be administered by the office of financial
management subject to legislative appropriation. [1987 c 462
§ 14; 1986 c 118 § 17; 1981 c 131 § 4.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
70.48A.050
70.48A.050 Bonds—Minimum sale price. None of the
bonds authorized in RCW 70.48A.010 through 70.48A.080
may be sold for less than their par value. [1981 c 131 § 5.]
70.50.020
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
in the next succeeding twelve months for the payment of the
principal of and the interest coming due on the bonds. Not
less than thirty days prior to the date on which any interest or
principal and interest payment is due, the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the debt-limit general fund bond
retirement account an amount equal to the amount certified
by the state finance committee to be due on the payment date.
The owner and holder of each of the bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require the transfer and payment of funds as
directed in this section. [1997 c 456 § 27; 1981 c 131 § 7.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
70.48A.080
70.48A.080 Bonds legal investment for public funds.
The bonds authorized in RCW 70.48A.010 through
70.48A.080 shall be a legal investment for all state funds or
for funds under state control and for all funds of any other
public body. [1981 c 131 § 8.]
70.48A.090
70.48A.090 Legislative intent. It is the intent of the
legislature that the construction and remodeling of jails proceed without further delay, and the jail commission’s review
and funding procedures are to reflect this intent. Neither the
jail commission nor local governments should order or authorize capital expenditures to improve jails now in use which
are scheduled for replacement. Capital expenditures which
relate directly to life safety of inmates or jail personnel may
be ordered. [1981 c 131 § 9.]
70.48A.900
70.48A.900 Severability—1981 c 131. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 131 § 11.]
Chapter 70.50
Chapter 70.50 RCW
STATE OTOLOGIST
Sections
70.50.010
70.50.020
Appointment—Salary.
Duties.
Reviser’s note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
Hearing tests for public school children: RCW 28A.210.020.
70.48A.060
70.48A.060 Bonds—State’s full faith and credit
pledged. The bonds shall pledge the full faith and credit of
the state of Washington and shall contain an unconditional
promise to pay the principal and interest when due. [1981 c
131 § 6.]
70.48A.070
70.48A.070 Bonds—Payment of interest, retirement.
The debt-limit general fund bond retirement account shall be
used for the payment of principal and interest on and retirement of the bonds authorized by RCW 70.48A.010 through
70.48A.080.
(2006 Ed.)
70.50.010
70.50.010 Appointment—Salary. The secretary of
health shall appoint and employ an otologist skilled in diagnosis of diseases of the ear and defects in hearing, especially
for school children with an impaired sense of hearing, and
shall fix the salary of such otologist in a sum not exceeding
the salary of the secretary. [1991 c 3 § 340; 1979 c 141 § 108;
1945 c 23 § 1; Rem. Supp. 1945 § 6010-10.]
70.50.020
70.50.020 Duties. The otologist shall cooperate with
the state department of public instruction, and with the state,
[Title 70 RCW—page 107]
Chapter 70.54
Title 70 RCW: Public Health and Safety
county and city health officers, seeking for the children in the
schools who are hard of hearing, or have an impaired sense of
hearing, and making otological inspections and examinations
of children referred to him by such departments and officers.
Where necessary or proper he shall make recommendations
to parents or guardians of such children, and urge them to
submit such recommendations to physicians to be selected by
such parents or guardians. [1945 c 23 § 2; Rem. Supp. 1945
§ 6010-11.]
Chapter 70.54
Chapter 70.54 RCW
MISCELLANEOUS HEALTH AND
SAFETY PROVISIONS
Sections
70.54.005
70.54.010
70.54.020
70.54.030
70.54.040
70.54.050
70.54.060
70.54.065
70.54.070
70.54.080
70.54.090
70.54.120
70.54.130
70.54.140
70.54.150
70.54.160
70.54.180
70.54.190
70.54.200
70.54.220
70.54.230
70.54.240
70.54.250
70.54.260
70.54.270
70.54.280
70.54.290
70.54.300
70.54.305
70.54.310
70.54.320
70.54.330
70.54.340
70.54.350
70.54.360
70.54.370
Transfer of duties to the department of health.
Polluting water supply—Penalty.
Furnishing impure water—Penalty.
Pollution of watershed of city in adjoining state—Penalty.
Secretary to advise local authorities on sanitation.
Exposing contagious disease—Penalty.
Ambulances and drivers.
Ambulances and drivers—Penalty.
Door of public buildings to swing outward—Penalty.
Liability of person handling steamboat or steam boiler.
Attachment of objects to utility poles—Penalty.
Immunity from implied warranties and civil liability relating
to blood, blood products, tissues, organs, or bones—Scope—
Effective date.
Laetrile—Legislative declaration.
Laetrile—Interference with physician/patient relationship by
health facility—Board of pharmacy, duties.
Physicians not subject to disciplinary action for prescribing or
administering laetrile—Conditions.
Public restrooms—Pay facilities—Penalty.
Deaf persons access to emergency services—Telecommunication devices.
DMSO (dimethyl sulfoxide)—Use—Liability.
Fees for repository of vaccines, biologics.
Practitioners to provide information on prenatal testing.
Cancer registry program.
Cancer registry program—Reporting requirements.
Cancer registry program—Confidentiality.
Liability.
Rule making.
Bone marrow donor recruitment and education program—
Generally—Target minority populations.
Bone marrow donor recruitment and education program—
State employees to be recruited.
Bone marrow donor recruitment and education program—Private sector and community involvement.
Bone marrow donation—Status as minor not a disqualifying
factor.
Semiautomatic external defibrillator—Duty of acquirer—
Immunity from civil liability.
Electrology and tattooing—Findings.
Electrology and tattooing—Definitions.
Electrology and tattooing—Rules, sterilization requirements.
Electrology and tattooing—Practitioners to comply with
rules—Penalty.
Hepatitis C—Plan for education, prevention, and management—Rules.
Meningococcal disease—Students to receive informational
materials.
Control of cities and towns over water pollution: Chapter 35.88 RCW.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Nuisances, generally: Chapters 7.48 and 9.66 RCW.
Water pollution control: Chapter 90.48 RCW.
70.54.005 Transfer of duties to the department of
health. The powers and duties of the secretary of social and
health services under this chapter shall be performed by the
secretary of health. [1989 1st ex.s. c 9 § 250.]
70.54.005
[Title 70 RCW—page 108]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.54.010
70.54.010 Polluting water supply—Penalty. Every
person who shall deposit or suffer to be deposited in any
spring, well, stream, river or lake, the water of which is or
may be used for drinking purposes, or on any property
owned, leased or otherwise controlled by any municipal corporation, corporation or person as a watershed or drainage
basin for a public or private water system, any matter or thing
whatever, dangerous or deleterious to health, or any matter or
thing which may or could pollute the waters of such spring,
well, stream, river, lake or water system, shall be guilty of a
gross misdemeanor. [1909 c 249 § 290; RRS § 2542.]
70.54.020
70.54.020 Furnishing impure water—Penalty. Every
owner, agent, manager, operator or other person having
charge of any waterworks furnishing water for public or private use, who shall knowingly permit any act or omit any
duty or precaution by reason whereof the purity or healthfulness of the water supplied shall become impaired, shall be
guilty of a gross misdemeanor. [1909 c 249 § 291; RRS §
2543.]
70.54.030
70.54.030 Pollution of watershed of city in adjoining
state—Penalty. Any person who shall place or cause to be
placed within any watershed from which any city or municipal corporation of any adjoining state obtains its water supply, any substance which either by itself or in connection
with other matter will corrupt, pollute or impair the quality of
said water supply, or the owner of any dead animal who shall
knowingly leave or cause to be left the carcass or any portion
thereof within any such watershed in such condition as to in
any way corrupt or pollute such water supply shall be deemed
guilty of a misdemeanor and upon conviction shall be punished by fine in any sum not exceeding five hundred dollars.
[1909 c 16 § 2; RRS § 9281.]
70.54.040
70.54.040 Secretary to advise local authorities on
sanitation. The commissioners of any county or the mayor
of any city may call upon the secretary of health for advice
relative to improving sanitary conditions or disposing of garbage and sewage or obtaining a pure water supply, and when
so called upon the secretary shall either personally or by an
assistant make a careful examination into the conditions
existing and shall make a full report containing his or her
advice to the county or city making such request. [1991 c 3 §
341; 1979 c 141 § 109; 1909 c 208 § 3; RRS § 6006.]
70.54.050
70.54.050 Exposing contagious disease—Penalty.
Every person who shall wilfully expose himself to another, or
any animal affected with any contagious or infectious disease, in any public place or thoroughfare, except upon his or
its necessary removal in a manner not dangerous to the public
health; and every person so affected who shall expose any
other person thereto without his knowledge, shall be guilty of
a misdemeanor. [1909 c 249 § 287; RRS § 2539.]
(2006 Ed.)
Miscellaneous Health and Safety Provisions
70.54.060
70.54.060 Ambulances and drivers. (1) The drivers of
all ambulances shall be required to take the advanced first aid
course as prescribed by the American Red Cross.
(2) All ambulances must be at all times equipped with
first aid equipment consisting of leg and arm splints and standard twenty-four unit first aid kit as prescribed by the American Red Cross. [1945 c 65 § 1; Rem. Supp. 1945 § 6131-1.
FORMER PART OF SECTION: 1945 c 65 § 2 now codified
as RCW 70.54.060, part.]
70.54.065
70.54.065 Ambulances and drivers—Penalty. Any
person violating any of the provisions herein shall be guilty
of a misdemeanor. [1945 c 65 § 2; Rem. Supp. 1945 § 61312. Formerly RCW 70.54.060, part.]
70.54.070
70.54.070 Door of public buildings to swing outward—Penalty. The doors of all theatres, opera houses,
school buildings, churches, public halls, or places used for
public entertainments, exhibitions or meetings, which are
used exclusively or in part for admission to or egress from the
same, or any part thereof, shall be so hung and arranged as to
open outwardly, and during any exhibition, entertainment or
meeting, shall be kept unlocked and unfastened, and in such
condition that in case of danger or necessity, immediate
escape from such building shall not be prevented or delayed;
and every agent or lessee of any such building who shall rent
the same or allow it to be used for any of the aforesaid public
purposes without having the doors thereof hung and arranged
as hereinbefore provided, shall, for each violation of any provision of this section, be guilty of a misdemeanor. [1909 c
249 § 273; RRS § 2525.]
70.54.080
70.54.080 Liability of person handling steamboat or
steam boiler. Every person who shall apply, or cause to be
applied to a steam boiler a higher pressure of steam than is
allowed by law, or by any inspector, officer or person authorized to limit the same; every captain or other person having
charge of the machinery or boiler in a steamboat used for the
conveyance of passengers on the waters of this state, who,
from ignorance or gross neglect, or for the purpose of
increasing the speed of such boat, shall create or cause to be
created an undue or unsafe pressure of steam; and every engineer or other person having charge of a steam boiler, steam
engine or other apparatus for generating or employing steam,
who shall wilfully or from ignorance or gross neglect, create
or allow to be created such an undue quantity of steam as to
burst the boiler, engine or apparatus, or cause any other accident, whereby human life is endangered, shall be guilty of a
gross misdemeanor. [1909 c 249 § 280; RRS § 2532.]
Boilers and unfired pressure vessels: Chapter 70.79 RCW.
Industrial safety and health: Chapter 43.22 RCW.
70.54.090
70.54.090 Attachment of objects to utility poles—
Penalty. (1) It shall be unlawful to attach to utility poles any
of the following: Advertising signs, posters, vending
machines, or any similar object which presents a hazard to, or
endangers the lives of, electrical workers. Any attachment to
utility poles shall only be made with the permission of the
utility involved, and shall be placed not less than twelve feet
above the surface of the ground.
(2006 Ed.)
70.54.140
(2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 351; 1953 c 185 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.54.120
70.54.120 Immunity from implied warranties and
civil liability relating to blood, blood products, tissues,
organs, or bones—Scope—Effective date. The procurement, processing, storage, distribution, administration, or use
of whole blood, plasma, blood products and blood derivatives
for the purpose of injecting or transfusing the same, or any of
them, or of tissues, organs, or bones for the purpose of transplanting them, or any of them, into the human body is
declared to be, for all purposes whatsoever, the rendition of a
service by each and every person, firm, or corporation participating therein, and is declared not to be covered by any
implied warranty under the Uniform Commercial Code, Title
62A RCW, or otherwise, and no civil liability shall be
incurred as a result of any of such acts, except in the case of
wilful or negligent conduct: PROVIDED, HOWEVER, That
this section shall apply only to liability alleged in the contraction of hepatitis, malaria, and acquired immune deficiency
disease and shall not apply to any transaction in which the
donor receives compensation: PROVIDED FURTHER, That
this section shall only apply where the person, firm or corporation rendering the above service shall have maintained
records of donor suitability and donor identification: PROVIDED FURTHER, That nothing in this section shall be considered by the courts in determining or applying the law to
any blood transfusion occurring before June 10, 1971 and the
court shall decide such case as though this section had not
been passed. [1987 c 84 § 1; 1985 c 321 § 1; 1971 c 56 § 1.]
Severability—1971 c 56: "If any provision of this act, or its application
to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not
affected." [1971 c 56 § 2.]
70.54.130
70.54.130 Laetrile—Legislative declaration. It is the
intent of the legislature that passage of RCW 70.54.130
through 70.54.150 shall not constitute any endorsement
whatever of the efficacy of amygdalin (Laetrile) in the treatment of cancer, but represents only the legislature’s endorsement of a patient’s freedom of choice, so long as the patient
has been given sufficient information in writing to make an
informed decision regarding his/her treatment and the substance is not proven to be directly detrimental to health.
[1977 ex.s. c 122 § 1.]
70.54.140
70.54.140 Laetrile—Interference with physician/patient relationship by health facility—Board of
pharmacy, duties. No hospital or health facility may interfere with the physician/patient relationship by restricting or
forbidding the use of amygdalin (Laetrile) when prescribed
or administered by a physician licensed pursuant to chapter
18.57 or 18.71 RCW and requested by a patient under his/her
care who has requested the substance after having been given
sufficient information in writing to make an informed decision.
For the purposes of RCW 70.54.130 through 70.54.150,
the state board of pharmacy shall provide for the certification
as to the identity of amygdalin (Laetrile) by random sample
[Title 70 RCW—page 109]
70.54.150
Title 70 RCW: Public Health and Safety
testing or other testing procedures, and shall promulgate rules
and regulations necessary to implement and enforce its
authority under this section. [1977 ex.s. c 122 § 2.]
70.54.150 Physicians not subject to disciplinary
action for prescribing or administering laetrile—Conditions. No physician may be subject to disciplinary action by
any entity of either the state of Washington or a professional
association for prescribing or administering amygdalin
(Laetrile) to a patient under his/her care who has requested
the substance after having been given sufficient information
in writing to make an informed decision.
It is not the intent of this section to shield a physician
from acts or omissions which otherwise would constitute
unprofessional conduct. [1986 c 259 § 150; 1977 ex.s. c 122
§ 3.]
70.54.150
Severability—1986 c 259: See note following RCW 18.130.010.
70.54.160 Public restrooms—Pay facilities—Penalty.
(1) Every establishment which maintains restrooms for use
by the public shall not discriminate in charges required
between facilities used by men and facilities used by women.
(2) When coin lock controls are used, the controls shall
be so allocated as to allow for a proportionate equality of free
toilet units available to women as compared with those units
available to men, and at least one-half of the units in any
restroom shall be free of charge. As used in this section, toilet units are defined as constituting commodes and urinals.
(3) In situations involving coin locks placed on restroom
entry doors, admission keys shall be readily provided without
charge when requested, and notice as to the availability of the
keys shall be posted on the restroom entry door.
(4) Any owner, agent, manager, or other person charged
with the responsibility of the operation of an establishment
who operates such establishment in violation of this section is
guilty of a misdemeanor. [2003 c 53 § 352; 1977 ex.s. c 97 §
1.]
70.54.160
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.54.180 Deaf persons access to emergency services—Telecommunication devices. (1) For the purpose of
this section "telecommunication device" means an instrument
for telecommunication in which speaking or hearing is not
required for communicators.
(2) The county legislative authority of each county with
a population of eighteen thousand or more and the governing
body of each city with a population in excess of ten thousand
shall provide by July 1, 1980, for a telecommunication device
in their jurisdiction or through a central dispatch office that
will assure access to police, fire, or other emergency services.
(3) The county legislative authority of each county with
a population of eighteen thousand or less shall by July 1,
1980, make a determination of whether sufficient need exists
with their respective counties to require installation of a telecommunication device. Reconsideration of such determination will be made at any future date when a deaf individual
indicates a need for such an instrument. [1991 c 363 § 142;
1979 ex.s. c 63 § 2.]
70.54.180
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
[Title 70 RCW—page 110]
Purpose—1979 ex.s. c 63: "The legislature finds that many citizens of
this state who are unable to utilize telephone services in a regular manner due
to hearing defects are able to communicate by teletypewriters where hearing
is not required for communication. Hence, it is the purpose of section 2 of
this act [RCW 70.54.180] to require that telecommunication devices for the
deaf be installed." [1979 ex.s. c 63 § 1.]
70.54.190
70.54.190 DMSO (dimethyl sulfoxide)—Use—Liability. No hospital or health facility may interfere with the physician/patient relationship by restricting or forbidding the use
of DMSO (dimethyl sulfoxide) when prescribed or administered by a physician licensed pursuant to chapter 18.57 or
18.71 RCW and requested by a patient under his/her care
who has requested the substance after having been given sufficient information in writing to make an informed decision.
No physician may be subject to disciplinary action by
any entity of either the state of Washington or a professional
association for prescribing or administering DMSO (dimethyl sulfoxide) to a patient under his/her care who has
requested the substance after having been given sufficient
information in writing to make an informed decision.
It is not the intent of this section to shield a physician
from acts or omissions which otherwise would constitute
unprofessional conduct. [1986 c 259 § 151; 1981 c 50 § 2.]
Severability—1986 c 259: See note following RCW 18.130.010.
DMSO authorized: RCW 69.04.565.
70.54.200
70.54.200 Fees for repository of vaccines, biologics.
The department shall prescribe by rule a schedule of fees
predicated on the cost of providing a repository of emergency
vaccines and other biologics. [1981 c 284 § 2.]
Reviser’s note: Although 1981 c 284 directs this section be added to
chapter 74.04 RCW, codification here is considered more appropriate. The
"department" referred to is apparently the department of social and health
services.
70.54.220
70.54.220 Practitioners to provide information on
prenatal testing. All persons licensed or certified by the
state of Washington to provide prenatal care or to practice
medicine shall provide information regarding the use and
availability of prenatal tests to all pregnant women in their
care within the time limits prescribed by department rules
and in accordance with standards established by those rules.
[1988 c 276 § 5.]
Effective date—1988 c 276 § 5: "Section 5 of this act shall take effect
December 31, 1989." [1988 c 276 § 10.]
70.54.230
70.54.230 Cancer registry program. The secretary of
health may contract with either a recognized regional cancer
research institution or regional tumor registry, or both, which
shall hereinafter be called the contractor, to establish a statewide cancer registry program and to obtain cancer reports
from all or a portion of the state as required in RCW
70.54.240 and to make available data for use in cancer
research and for purposes of improving the public health.
[1990 c 280 § 2.]
Intent—1990 c 280: "It is the intent of the legislature to establish a system to accurately monitor the incidence of cancer in the state of Washington
for the purposes of understanding, controlling, and reducing the occurrence
of cancer in this state. In order to accomplish this, the legislature has determined that cancer cases shall be reported to the department of health, and
that there shall be established a statewide population-based cancer registry."
[1990 c 280 § 1.]
(2006 Ed.)
Miscellaneous Health and Safety Provisions
70.54.240
70.54.240 Cancer registry program—Reporting
requirements. (1) The department of health shall adopt rules
as to which types of cancer shall be reported, who shall
report, and the form and timing of the reports.
(2) Every health care facility and independent clinical
laboratory, and those physicians or others providing health
care who diagnose or treat any patient with cancer who is not
hospitalized within one month of diagnosis, will provide the
contractor with the information required under subsection (1)
of this section. The required information may be collected on
a regional basis where such a system exists and forwarded to
the contractor in a form suitable for the purposes of RCW
70.54.230 through 70.54.270. Such reporting arrangements
shall be reduced to a written agreement between the contractor and any regional reporting agency which shall detail the
manner, form, and timeliness of the reporting. [1990 c 280 §
3.]
Intent—1990 c 280: See note following RCW 70.54.230.
70.54.250
70.54.250 Cancer registry program—Confidentiality. (1) Data obtained under RCW 70.54.240 shall be used
for statistical, scientific, medical research, and public health
purposes only.
(2) The department and its contractor shall ensure that
access to data contained in the registry is consistent with federal law for the protection of human subjects and consistent
with chapter 42.48 RCW. [1990 c 280 § 4.]
Intent—1990 c 280: See note following RCW 70.54.230.
70.54.260
70.54.260 Liability. Providing information required
under RCW 70.54.240 or 70.54.250 shall not create any liability on the part of the provider nor shall it constitute a
breach of confidentiality. The contractor shall, at the request
of the provider, but not more frequently than once a year, sign
an oath of confidentiality, which reads substantially as follows:
"As a condition of conducting research concerning persons who have received services from (name of the health
care provider or facility), I . . . . . . . . ., agree not to divulge,
publish, or otherwise make known to unauthorized persons or
the public any information obtained in the course of such
research that could lead to identification of such persons
receiving services, or to the identification of their health care
providers. I recognize that unauthorized release of confidential information may subject me to civil liability under the
provisions of state law."
[1990 c 280 § 5.]
Intent—1990 c 280: See note following RCW 70.54.230.
70.54.270
70.54.270 Rule making. The department shall adopt
rules to implement RCW 70.54.230 through 70.54.260,
including but not limited to a definition of cancer. [1990 c
280 § 6.]
Intent—1990 c 280: See note following RCW 70.54.230.
70.54.305
row donor recruitment and education program to educate residents of the state about:
(1) The need for bone marrow donors;
(2) The procedures required to become registered as a
potential bone marrow donor, including procedures for determining a person’s tissue type; and
(3) The procedures a donor must undergo to donate bone
marrow or other sources of blood stem cells.
The department of health shall make special efforts to
educate and recruit citizens from minority populations to volunteer as potential bone marrow donors. Means of communication may include use of press, radio, and television, and
placement of educational materials in appropriate health care
facilities, blood banks, and state and local agencies. The
department of health in conjunction with the department of
licensing shall make educational materials available at all
places where driver licenses are issued or renewed. [1992 c
109 § 2.]
Findings—1992 c 109: "The legislature finds that an estimated sixteen
thousand American children and adults are stricken each year with leukemia,
aplastic anemia, or other fatal blood diseases. For many of these individuals,
bone marrow transplantation is the only chance for survival. Nearly seventy
percent cannot find a suitable bone marrow match within their own families.
The chance that a patient will find a matching, unrelated donor in the general
population is between one in a hundred and one in a million.
The legislature further finds that because tissue types are inherited, and
different tissue types are found in different ethnic groups, the chances of
finding an unrelated donor vary according to the patient’s ethnic and racial
background. Patients from minority groups are therefore less likely to find
matching, unrelated donors.
It is the intent of the legislature to establish a statewide bone marrow
donor education and recruitment program in order to increase the number of
Washington residents who become bone marrow donors, and to increase the
chance that patients in need of bone marrow transplants will find a suitable
bone marrow match." [1992 c 109 § 1.]
70.54.290
70.54.290 Bone marrow donor recruitment and education program—State employees to be recruited. The
department of health shall make special efforts to educate and
recruit state employees to volunteer as potential bone marrow
donors. Such efforts shall include, but not be limited to, conducting a bone marrow donor drive to encourage state
employees to volunteer as potential bone marrow donors. The
drive shall include educational materials furnished by the
national bone marrow donor program and presentations that
explain the need for bone marrow donors, and the procedures
for becoming registered as potential bone marrow donors.
The cost of educational materials and presentations to state
employees shall be borne by the national marrow donor program. [1992 c 109 § 3.]
Findings—1992 c 109: See note following RCW 70.54.280.
70.54.300
70.54.300 Bone marrow donor recruitment and education program—Private sector and community involvement. In addition to educating and recruiting state employees, the department of health shall make special efforts to
encourage community and private sector businesses and
associations to initiate independent efforts to achieve the
goals of chapter 109, Laws of 1992. [1992 c 109 § 4.]
Findings—1992 c 109: See note following RCW 70.54.280.
70.54.280
70.54.280 Bone marrow donor recruitment and education program—Generally—Target minority populations. The department of health shall establish a bone mar(2006 Ed.)
70.54.305
70.54.305 Bone marrow donation—Status as minor
not a disqualifying factor. A person’s status as a minor may
[Title 70 RCW—page 111]
70.54.310
Title 70 RCW: Public Health and Safety
not disqualify him or her from bone marrow donation. [2000
c 116 § 1.]
70.54.310
70.54.310 Semiautomatic external defibrillator—
Duty of acquirer—Immunity from civil liability. (1) As
used in this section, "defibrillator" means a semiautomatic
external defibrillator as prescribed by a physician licensed
under chapter 18.71 RCW or an osteopath licensed under
chapter 18.57 RCW.
(2) A person or entity who acquires a defibrillator shall
ensure that:
(a) Expected defibrillator users receive reasonable
instruction in defibrillator use and cardiopulmonary resuscitation by a course approved by the department of health;
(b) The defibrillator is maintained and tested by the
acquirer according to the manufacturer’s operational guidelines;
(c) Upon acquiring a defibrillator, medical direction is
enlisted by the acquirer from a licensed physician in the use
of the defibrillator and cardiopulmonary resuscitation;
(d) The person or entity who acquires a defibrillator shall
notify the local emergency medical services organization
about the existence and the location of the defibrillator; and
(e) The defibrillator user shall call 911 or its local equivalent as soon as possible after the emergency use of the
defibrillator and shall assure that appropriate follow-up data
is made available as requested by emergency medical service
or other health care providers.
(3) A person who uses a defibrillator at the scene of an
emergency and all other persons and entities providing services under this section are immune from civil liability for
any personal injury that results from any act or omission in
the use of the defibrillator in an emergency setting.
(4) The immunity from civil liability does not apply if
the acts or omissions amount to gross negligence or willful or
wanton misconduct.
(5) The requirements of subsection (2) of this section
shall not apply to any individual using a defibrillator in an
emergency setting if that individual is acting as a good samaritan under RCW 4.24.300. [1998 c 150 § 1.]
70.54.320
70.54.320 Electrology and tattooing—Findings. The
legislature finds and declares that the practices of electrology
and tattooing involve an invasive procedure with the use of
needles and instruments which may be dangerous when
improperly sterilized presenting a risk of infecting the client
with bloodborne pathogens such as HIV and Hepatitis B. It is
in the interests of the public health, safety, and welfare to
establish requirements for the sterilization procedures in the
commercial practices of electrology and tattooing in this
state. [2001 c 194 § 1.]
70.54.330
70.54.330 Electrology and tattooing—Definitions.
The definitions in this section apply throughout RCW
70.54.320, 70.54.340, and 70.54.350 unless the context
clearly requires otherwise.
(1) "Electrologist" means a person who practices the
business of electrology for a fee.
(2) "Electrology" means the process by which hair is permanently removed through the utilization of solid nee[Title 70 RCW—page 112]
dle/probe electrode epilation, including thermolysis, being of
shortwave, high frequency type, and including electrolysis,
being of galvanic type, or a combination of both which is
accomplished by a superimposed or sequential blend.
(3) "Tattoo artist" means a person who practices the
business of tattooing for a fee.
(4) "Tattooing" means the indelible mark, figure, or decorative design introduced by insertion of nontoxic dyes or
pigments into or under the subcutaneous portion of the skin
upon the body of a live human being for cosmetic or figurative purposes. [2001 c 194 § 2.]
70.54.340
70.54.340 Electrology and tattooing—Rules, sterilization requirements. The secretary of health shall adopt by
rule requirements for the sterilization of needles and instruments by electrologists and tattoo artists in accordance with
nationally recognized professional standards. The secretary
shall consider the universal precautions for infection control,
as recommended by the United States centers for disease control, and guidelines for infection control, as recommended by
the national environmental health association and the alliance
of professional tattooists, in the adoption of these sterilization
requirements. [2001 c 194 § 3.]
70.54.350
70.54.350 Electrology and tattooing—Practitioners
to comply with rules—Penalty. (1) Any person who practices electrology or tattooing shall comply with the rules
adopted by the department of health under RCW 70.54.340.
(2) A violation of this section is a misdemeanor. [2001 c
194 § 4.]
70.54.360
70.54.360 Hepatitis C—Plan for education, prevention, and management—Rules. (Expires June 30, 2007.)
(1) The secretary of health shall design a state plan for education efforts concerning hepatitis C and the prevention and
management of the disease by January 1, 2004. In developing the plan, the secretary shall consult with:
(a) The public;
(b) Patient groups and organizations;
(c) Relevant state agencies that have functions that
involve hepatitis C or provide services to persons with hepatitis C;
(d) Local health departments;
(e) Public health and clinical laboratories;
(f) Providers and suppliers of services to persons with
hepatitis C;
(g) Research scientists;
(h) The University of Washington; and
(i) Relevant health care associations.
(2) The plan shall include implementation recommendations in the following areas:
(a) Hepatitis C virus prevention and treatment strategies
for groups at risk for hepatitis C with an emphasis towards
those groups that are disproportionately affected by hepatitis
C, including persons infected with HIV, veterans, racial or
ethnic minorities that suffer a higher incidence of hepatitis C,
and persons who engage in high-risk behavior, such as intravenous drug use;
(b) Educational programs to promote public awareness
about hepatitis C and knowledge about risk factors, the value
(2006 Ed.)
Adverse Health Events and Incident Reporting System
of early detection, screening, services, and available treatment options for hepatitis C, which may be incorporated in
public awareness programs concerning bloodborne infections;
(c) Education curricula for appropriate health and healthrelated providers covered by the uniform disciplinary act,
chapter 18.130 RCW;
(d) Training courses for persons providing hepatitis C
counseling, public health clinic staff, and any other appropriate provider, which shall focus on disease prevention, early
detection, and intervention;
(e) Capacity for voluntary hepatitis C testing programs to
be performed at facilities providing voluntary HIV testing
under chapter 70.24 RCW;
(f) A comprehensive model for an evidence-based process for the prevention and management of hepatitis C that is
applicable to other diseases; and
(g) Sources and availability of funding to implement the
plan.
(3) The secretary of health shall develop the state plan
described in subsections (1) and (2) of this section only to the
extent that, and for as long as, federal or private funds are
available for that purpose, including grants. Funding for
chapter 273, Laws of 2003 shall not come from state sources.
(4) The board of health may adopt rules necessary to
implement subsection (2)(b) of this section.
(5) The secretary of health shall submit the completed
state plan to the legislature by January 1, 2004. After the initial state plan is submitted, the department shall update the
state plan biennially and shall submit the plan to the governor
and make it available to other interested parties. The update
and progress reports are due December 1, 2004, and every
two years thereafter.
(6) The state plan recommendations described in subsection (2)(b) of this section shall be implemented by the secretary of health only to the extent that, and for as long as, federal or private funds are available for that purpose, including
grants.
(7) This section expires June 30, 2007. [2003 c 273 § 1.]
Private right of action—2003 c 273 § 1: "Section 1 of this act does not
create a private right of action." [2003 c 273 § 5.]
70.54.370
70.54.370 Meningococcal disease—Students to
receive informational materials. (1) Except for community
and technical colleges, each degree-granting public or private
postsecondary residential campus that provides on-campus or
group housing shall provide information on meningococcal
disease to each enrolled matriculated first-time student.
Community and technical colleges must provide the information only to those students who are offered on-campus or
group housing. The information about meningococcal disease shall include:
(a) Symptoms, risks, especially as the risks relate to circumstances of group living arrangements, and treatment; and
(b) Current recommendations from the United States
centers for disease control and prevention regarding the
receipt of vaccines for meningococcal disease and where the
vaccination can be received.
(2) This section shall not be construed to require the
department of health or the postsecondary educational institution to provide the vaccination to students.
(2006 Ed.)
70.56.010
(3) The department of health shall be consulted regarding the preparation of the information materials provided to
the first-time students.
(4) If institutions provide electronic enrollment or registration to first-time students, the information required by this
section shall be provided electronically and acknowledged by
the student before completion of electronic enrollment or registration.
(5) This section does not create a private right of action.
[2003 c 398 § 1.]
Reviser’s note: Substitute House Bill No. 1059, Substitute House Bill
No. 1173, and Engrossed Substitute House Bill No. 1827 were enacted during the 2003 regular session of the legislature, but were vetoed in part by the
governor. A stipulated judgment, No. 03-2-01988-4 filed in the Superior
Court of Thurston County, between the governor and the legislature, settled
litigation over the governor’s use of veto powers and declared the vetoes of
SHB 1059, SHB 1173, and ESHB 1827 null and void. Consequently, the
text of this section has been returned to the version passed by the legislature
prior to the vetoes. For vetoed text and message, see chapter 398, Laws of
2003.
Effective date—2003 c 398: "This act takes effect July 1, 2004." [2003
c 398 § 2.]
Chapter 70.56 RCW
ADVERSE HEALTH EVENTS AND INCIDENT
REPORTING SYSTEM
Chapter 70.56
Sections
70.56.010
70.56.020
70.56.030
70.56.040
70.56.050
70.56.900
Definitions.
Notification of adverse health events—Reports required—
Rules.
Department of health—Duties.
Contract with independent entity—Duties of independent
entity—Establishment of notification and reporting system—Annual reports to governor, legislature.
Confidentiality of notifications and reports.
Findings—Intent—Part headings and subheadings not law—
Severability—2006 c 8.
70.56.010
70.56.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Adverse health event" or "adverse event" means the
list of serious reportable events adopted by the national quality forum in 2002, in its consensus report on serious reportable events in health care. The department shall update the
list, through adoption of rules, as subsequent changes are
made by the national quality forum. The term does not
include an incident.
(2) "Ambulatory surgical facility" means any distinct
entity that operates exclusively for the purpose of providing
surgical services to patients not requiring hospitalization,
whether or not the facility is certified under Title XVIII of the
federal social security act.
(3) "Childbirth center" means a facility licensed under
chapter 18.46 RCW.
(4) "Correctional medical facility" means a part or unit
of a correctional facility operated by the department of corrections under chapter 72.10 RCW that provides medical services for lengths of stay in excess of twenty-four hours to
offenders.
(5) "Department" means the department of health.
(6) "Health care worker" means an employee, independent contractor, licensee, or other individual who is directly
[Title 70 RCW—page 113]
70.56.020
Title 70 RCW: Public Health and Safety
involved in the delivery of health services in a medical facility.
(7) "Hospital" means a facility licensed under chapter
70.41 RCW.
(8) "Incident" means an event, occurrence, or situation
involving the clinical care of a patient in a medical facility
that:
(a) Results in unanticipated injury to a patient that is not
related to the natural course of the patient’s illness or underlying condition and does not constitute an adverse event; or
(b) Could have injured the patient but did not either
cause an unanticipated injury or require the delivery of additional health care services to the patient.
"Incident" does not include an adverse event.
(9) "Independent entity" means that entity that the
department of health contracts with under RCW 70.56.040 to
receive notifications and reports of adverse events and incidents, and carry out the activities specified in RCW
70.56.040.
(10) "Medical facility" means a childbirth center, hospital, psychiatric hospital, or correctional medical facility. An
ambulatory surgical facility shall be considered a medical
facility for purposes of this chapter upon the effective date of
any requirement for state registration or licensure of ambulatory surgical facilities.
(11) "Psychiatric hospital" means a hospital facility
licensed as a psychiatric hospital under chapter 71.12 RCW.
[2006 c 8 § 105.]
70.56.020 Notification of adverse health events—
Reports required—Rules. (1) The legislature intends to
establish an adverse health events and incident reporting system that is designed to facilitate quality improvement in the
health care system, improve patient safety and decrease medical errors in a nonpunitive manner. The reporting system
shall not be designed to punish errors by health care practitioners or health care facility employees.
(2) Each medical facility shall notify the department of
health regarding the occurrence of any adverse event and file
a subsequent report as provided in this section. Notification
must be submitted to the department within forty-eight hours
of confirmation by the medical facility that an adverse event
has occurred. A subsequent report must be submitted to the
department within forty-five days after confirmation by the
medical facility that an adverse event has occurred. The notification and report shall be submitted to the department using
the intern et-based sy stem established und er RCW
70.56.040(2).
(3) The notification and report shall be filed in a format
specified by the department after consultation with medical
facilities and the independent entity. The format shall identify the facility, but shall not include any identifying information for any of the health care professionals, facility employees, or patients involved. This provision does not modify the
duty of a hospital to make a report to the department of health
or a disciplinary authority if a licensed practitioner has committed unprofessional conduct as def ined in RCW
18.130.180.
(4) As part of the report filed under this section, the medical facility must conduct a root cause analysis of the event,
describe the corrective action plan that will be implemented
70.56.020
[Title 70 RCW—page 114]
consistent with the findings of the analysis, or provide an
explanation of any reasons for not taking corrective action.
The department shall adopt rules, in consultation with medical facilities and the independent entity, related to the form
and content of the root cause analysis and corrective action
plan. In developing the rules, consideration shall be given to
existing standards for root cause analysis or corrective action
plans adopted by the joint commission on accreditation of
health facilities and other national or governmental entities.
(5) If, in the course of investigating a complaint received
from an employee of a medical facility, the department determines that the facility has not reported an adverse event or
undertaken efforts to investigate the occurrence of an adverse
event, the department shall direct the facility to report or to
undertake an investigation of the event.
(6) The protections of RCW 43.70.075 apply to reports
of adverse events that are submitted in good faith by employees of medical facilities. [2006 c 8 § 106.]
70.56.030
70.56.030 Department of health—Duties. (1) The
department shall:
(a) Receive and investigate, where necessary, notifications and reports of adverse events, including root cause analyses and corrective action plans submitted as part of reports,
and communicate to individual facilities the department’s
conclusions, if any, regarding an adverse event reported by a
facility; and
(b) Adopt rules as necessary to implement this chapter.
(2) The department may enforce the reporting requirements of RCW 70.56.020 using their existing enforcement
authority provided in chapter 18.46 RCW for childbirth centers, chapter 70.41 RCW for hospitals, and chapter 71.12
RCW for psychiatric hospitals. [2006 c 8 § 107.]
70.56.040
70.56.040 Contract with independent entity—Duties
of independent entity—Establishment of notification and
reporting system—Annual reports to governor, legislature. (1) The department shall contract with a qualified,
independent entity to receive notifications and reports of
adverse events and incidents, and carry out the activities
specified in this section. In establishing qualifications for,
and choosing the independent entity, the department shall
strongly consider the patient safety organization criteria
included in the federal patient safety and quality improvement act of 2005, P.L. 109-41, and any regulations adopted to
implement this chapter.
(2) The independent entity shall:
(a) In collaboration with the department of health, establish an internet-based system for medical facilities and the
health care workers of a medical facility to submit notifications and reports of adverse events and incidents, which shall
be accessible twenty-four hours a day, seven days a week.
The system shall be a portal to report both adverse events and
incidents, and notifications and reports of adverse events
shall be immediately transmitted to the department. The system shall be a secure system that protects the confidentiality
of personal health information and provider and facility specific information submitted in notifications and reports,
including appropriate encryption and an accurate means of
authenticating the identify [identity] of users of the system;
(2006 Ed.)
Vital Statistics
(b) Collect, analyze, and evaluate data regarding notifications and reports of adverse events and incidents, including
the identification of performance indicators and patterns in
frequency or severity at certain medical facilities or in certain
regions of the state;
(c) Develop recommendations for changes in health care
practices and procedures, which may be instituted for the purpose of reducing the number or severity of adverse events and
incidents;
(d) Directly advise reporting medical facilities of immediate changes that can be instituted to reduce adverse events
or incidents;
(e) Issue recommendations to medical facilities on a
facility-specific or on a statewide basis regarding changes,
trends, and improvements in health care practices and procedures for the purpose of reducing the number and severity of
adverse events or incidents. Prior to issuing recommendations, consideration shall be given to the following factors:
Expectation of improved quality of care, implementation feasibility, other relevant implementation practices, and the cost
impact to patients, payers, and medical facilities. Statewide
recommendations shall be issued to medical facilities on a
continuing basis and shall be published and posted on a publicly accessible web site. The recommendations made to
medical facilities under this section shall not be considered
mandatory for licensure purposes unless they are adopted by
the department as rules pursuant to chapter 34.05 RCW; and
(f) Monitor implementation of reporting systems
addressing adverse events or their equivalent in other states
and make recommendations to the governor and the legislature as necessary for modifications to this chapter to keep the
system as nearly consistent as possible with similar systems
in other states.
(3) The independent entity shall report no later than January 1, 2008, and annually thereafter to the governor and the
legislature on the activities under this chapter in the preceding year. The report shall include:
(a) The number of adverse events and incidents reported
by medical facilities on a geographical basis and their outcomes;
(b) The information derived from the data collected,
including any recognized trends concerning patient safety;
and
(c) Recommendations for statutory or regulatory
changes that may help improve patient safety in the state.
The annual report shall be made available for public
inspection and shall be posted on the department’s and the
independent entity’s web site.
(4) The independent entity shall conduct all activities
under this section in a manner that preserves the confidentiality of facilities, documents, materials, or information made
confidential by RCW 70.56.050.
(5) Medical facilities and health care workers may report
incidents to the independent entity. The report shall be filed
in a format specified by the independent entity, after consultation with the department and medical facilities, and shall
identify the facility but shall not include any identifying
information for any of the health care professionals, facility
employees, or patients involved. This provision does not
modify the duty of a hospital to make a report to the department or a disciplinary authority if a licensed practitioner has
(2006 Ed.)
Chapter 70.58
committed unprofessional conduct as defined in RCW
18.130.180. The protections of RCW 43.70.075 apply to
reports of incidents that are submitted in good faith by
employees of medical facilities. [2006 c 8 § 108.]
70.56.050 Confidentiality of notifications and
reports. (1) When a notification or report of an adverse
event or incident under RCW 70.56.020 or 70.56.040 is made
by or through a coordinated quality improvement program
under RCW 43.70.510 or 70.41.200, or by a peer review
committee under RCW 4.24.250, information and documents, including complaints and incident reports, created
specifically for and collected and maintained by a quality
improvement committee for the purpose of preparing a notification or report of an adverse event or incident, and the notification or report itself, shall be subject to the confidentiality
protections of those laws and RCW *42.17.310(1)(hh) and
42.56.360(1)(c).
(2) When a notification or report of an adverse event or
incident made by a health care worker under RCW 70.56.020
or 70.56.040 uses information and documents, including
complaints and incident reports, created specifically for and
collected and maintained by a quality improvement committee under RCW 43.70.510 or 70.41.200 or a peer review committee under RCW 4.24.250, the notification or report itself
and the information or documents used for the purpose of
preparing the notification or report, shall be subject to the
confidentiality protections of those laws and RCW
*42.17.310(1)(hh) and 42.56.360(1)(c). [2006 c 8 § 110.]
70.56.050
*Reviser’s note: RCW 42.17.310 was recodified as RCW 42.56.210
pursuant to 2005 c 274 § 103, effective July 1, 2006, however the exemption
formerly found in RCW 42.17.310(1)(hh) is now found in RCW
42.56.360(1)(c).
70.56.900 Findings--Intent--Part headings and subheadings not law--Severability--2006 c 8. See notes following RCW 5.64.010.
70.56.900
Chapter 70.58
Chapter 70.58 RCW
VITAL STATISTICS
Sections
70.58.005
70.58.010
70.58.020
70.58.030
70.58.040
70.58.050
70.58.055
70.58.061
70.58.065
70.58.070
70.58.080
70.58.082
70.58.085
70.58.095
70.58.100
70.58.104
70.58.107
70.58.110
70.58.120
Definitions.
Registration districts.
Local registrars—Deputies.
Duties of local registrars.
Compensation of local registrars.
Duty to enforce law.
Certificates generally.
Electronic and hard copy transmission.
Local registrar use of electronic data bases.
Registration of births required.
Birth certificates—Filing—Establishing paternity—Surname
of child.
Vital records—Rules—Release of copies.
Birth certificates suitable for display—Issuance—Fee—Disposition of funds.
New certificate of birth—Legitimation, paternity—Substitution for original—Inspection of original, when—When
delayed registration required.
Supplemental report on name of child.
Reproductions of vital records—Disclosure of information for
research purposes—Furnishing of birth and death records by
local registrars.
Fees charged by department and local registrars.
Delayed registration of births—Authorized.
Delayed registration of births—Application—Evidence
required.
[Title 70 RCW—page 115]
70.58.005
70.58.130
70.58.145
70.58.150
70.58.160
70.58.170
70.58.180
70.58.190
70.58.210
70.58.230
70.58.240
70.58.250
70.58.260
70.58.270
70.58.280
70.58.380
70.58.390
Title 70 RCW: Public Health and Safety
Delayed registration of births—Where registered—Copy as
evidence.
Order establishing record of birth when delayed registration
not available—Procedure.
"Fetal death," "evidence of life," defined.
Certificate of death or fetal death required.
Certificate of death or fetal death—By whom filed.
Certificate when no physician, physician’s assistant, or
advanced registered nurse practitioner in attendance—
Legally accepted cause of death.
Permit to dispose of human remains when cause of death undetermined.
Birth certificate upon adoption.
Permits for burial, removal, etc., required—Removal to
another district without permit, notice to registrar, fee.
Duties of funeral directors.
Burial-transit permit—Requisites.
Burial grounds—Duties of sexton.
Data on inmates of hospitals, etc.
Penalty.
Certificates for out-of-state marriage license requirements.
Certificates of presumed death.
shall appoint local registrars for those registration areas not
included in the foregoing and also in areas where the state
board of health has removed the health officer from this position as registrar.
Each local registrar, subject to the approval of the state
registrar, shall appoint in writing a sufficient number of deputy registrars to administer the laws relating to vital statistics,
and shall certify the appointment of such deputies to the state
registrar. Deputy registrars shall act in the case of absence,
death, illness or disability of the local registrar, or such other
conditions as may be deemed sufficient cause to require their
services. [1979 ex.s. c 52 § 3; 1961 ex.s. c 5 § 5; 1951 c 106
§ 5; 1915 c 180 § 2; 1907 c 83 § 3; RRS § 6020.]
Director of combined city-county health department as registrar: RCW
70.08.060.
70.58.030
Vital statistics
duties of state registrar: RCW 43.70.160.
registration of: RCW 43.70.150.
70.58.005
70.58.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Business days" means Monday through Friday
except official state holidays.
(2) "Department" means the department of health.
(3) "Embalmer" means a person licensed as required in
chapter 18.39 RCW and defined in RCW 18.39.010.
(4) "Funeral director" means a person licensed as
required in chapter 18.39 RCW and defined in RCW
18.39.010.
(5) "Vital records" means records of birth, death, fetal
death, marriage, dissolution, annulment, and legal separation,
as maintained under the supervision of the state registrar of
vital statistics. [2005 c 365 § 151; 1991 c 3 § 342; 1987 c 223
§ 1.]
70.58.010 Registration districts. Each city of the first
class shall constitute a primary registration district and each
county and the territory of counties jointly comprising a
health district, exclusive of the portion included within cities
of the first class, shall constitute a primary registration area.
All other counties and municipal areas not included in the
foregoing shall be divided into registration areas by the state
registrar as he may deem essential to obtain the most efficient
registration of vital events as provided by law. [1979 ex.s. c
52 § 2; 1951 c 106 § 4; 1915 c 180 § 1; 1907 c 83 § 2; RRS §
6019.]
70.58.010
70.58.020
70.58.020 Local registrars—Deputies. Under the
direction and control of the state registrar, the health officer
of each city of the first class shall be the local registrar in and
for the primary registration district under his supervision as
health officer and the health officer of each county and district health department shall be the local registrar in and for
the registration area which he supervises as health officer and
shall serve as such as long as he performs the registration
duties as prescribed by law. He may be removed as local registrar of the registration area which he serves by the state
board of health upon its finding of evidence of neglect in the
performance of his duties as such registrar. The state registrar
[Title 70 RCW—page 116]
70.58.030 Duties of local registrars. The local registrar shall supply blank forms of certificates to such persons as
require them. He or she shall carefully examine each certificate of birth, death, and fetal death when presented for
record, and see that it has been made out in accordance with
the provisions of law and the instructions of the state registrar. If any certificate of death is incomplete or unsatisfactory,
the local registrar shall call attention to the defects in the
return, and withhold issuing the burial-transit permit until it is
corrected. If the certificate of death is properly executed and
complete, he or she shall issue a burial-transit permit to the
funeral director or person acting as such. If a certificate of a
birth is incomplete, he or she shall immediately notify the
informant, and require that the missing items be supplied if
they can be obtained. He or she shall sign as local registrar to
each certificate filed in attest of the date of filing in the office.
He or she shall make a record of each birth, death, and fetal
death certificate registered in such manner as directed by the
state registrar. The local registrar shall transmit to the state
registrar each original death or fetal death certificate no less
than thirty days after the certificate was registered nor more
than sixty days after the certificate was registered. On or
before the fifteenth day and the last day of each month, each
local registrar shall transmit to the state registrar all original
birth certificates that were registered prior to that day and
which had not been transmitted previously. A local registrar
shall transmit an original certificate to the state registrar
whenever the state registrar requests the transfer of the certificate from the local registrar. If no births or no deaths
occurred in any month, he or she shall, on the tenth day of the
following month, report that fact to the state registrar, on a
card provided for this purpose. Local registrars in counties in
which a first class city or a city of twenty-seven thousand or
more population is located may retain an exact copy of the
original and make certified copies of the exact copy. [1990 c
99 § 1; 1961 ex.s. c 5 § 6; 1907 c 83 § 18; RRS § 6035.]
70.58.040
70.58.040 Compensation of local registrars. A local
registrar shall be paid the sum of one dollar for each birth,
death, or fetal death certificate registered for his district
which sum shall cover making out the burial-transit permit
and record of the certificate to be filed and preserved in his
office. If no births or deaths were registered during any
month, the local registrar shall be paid the sum of one dollar
for each report to that effect: PROVIDED, That all local
(2006 Ed.)
Vital Statistics
health officers who are by statute required to serve as local
registrars shall not be entitled to the fee of one dollar. Neither
shall any members of their staffs be entitled to the above fee
of one dollar when such persons serve as deputy registrars.
All fees payable to local registrars shall be paid by the treasurer of the county or city, properly chargeable therewith, out
of the funds of the county or city, upon warrants drawn by the
auditor, or other proper officer of the county or city. No warrant shall be issued to a local registrar except upon a statement, signed by the state registrar, stating the names and
addresses respectively of the local registrars entitled to fees
from the county or city, and the number of certificates and
reports of births, deaths, and fetal deaths, properly returned to
the state registrar, by each local registrar, during three preceding calendar months prior to the date of the statement, and
the amount of fees to which each local registrar is entitled,
which statement the state registrar shall file with the proper
officers during the months of January, April, July, and October of each year. Upon filing of the statement the auditor or
other proper officer of the county or city shall issue warrants
for the amount due each local registrar. [1961 ex.s. c 5 § 7;
1951 c 106 § 8; 1915 c 180 § 10; 1907 c 83 § 19; RRS §
6036.]
70.58.080
of delivery as it may deem necessary for statistical study.
This information shall be placed in a confidential section of
the birth certificate form and shall not be subject to the view
of the public or for certification purposes except upon order
of the court. The state board of health may eliminate from the
forms items that it determines are not necessary for statistical
study.
(3) Each certificate or other document required by this
chapter shall be on a form or in a format prescribed by the
state registrar.
(4) All vital records shall contain the data required for
registration. No certificate may be held to be complete and
correct that does not supply all items of information called for
or that does not satisfactorily account for the omission of
required items.
(5) Information required in certificates or documents
authorized by this chapter may be filed and registered by photographic, electronic, or other means as prescribed by the
state registrar. [1997 c 58 § 948; 1991 c 96 § 1.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
70.58.061
70.58.050
70.58.050 Duty to enforce law. The local registrars are
hereby charged with the strict and thorough enforcement of
the provisions of *this act in their districts, under the supervision and direction of the state registrar. And they shall make
an immediate report to the state registrar of any violations of
this law coming to their notice by observation or upon the
complaint of any person, or otherwise. The state registrar is
hereby charged with the thorough and efficient execution of
the provisions of *this act in every part of the state, and with
supervisory power over local registrars, to the end that all of
the requirements shall be uniformly complied with. He shall
have authority to investigate cases of irregularity or violation
of law, personally or by accredited representative, and all
local registrars shall aid him, upon request, in such investigation. When he shall deem it necessary he shall report cases of
violation of any of the provisions of *this act to the prosecuting attorney of the proper county with a statement of the fact
and circumstances; and when any such case is reported to
them by the state registrar, all prosecuting attorneys or officials acting in such capacity shall forthwith initiate and
promptly follow up the necessary court proceedings against
the parties responsible for the alleged violations of law. And
upon request of the state registrar the attorney general shall
likewise assist in the enforcement of the provisions of *this
act. [1907 c 83 § 22; RRS § 6039.]
*Reviser’s note: "this act" appears in 1907 c 83 codified as RCW
70.58.010 through 70.58.100, 70.58.230 through 70.58.280, and 43.20A.620
through 43.20A.630.
70.58.055
70.58.055 Certificates generally. (1) To promote and
maintain nation-wide uniformity in the system of vital statistics, the certificates required by this chapter or by the rules
adopted under this chapter shall include, as a minimum, the
items recommended by the federal agency responsible for
national vital statistics including social security numbers.
(2) The state board of health by rule may require additional pertinent information relative to the birth and manner
(2006 Ed.)
70.58.061 Electronic and hard copy transmission.
The department is authorized to prescribe by rule the schedule and system for electronic and hard copy transmission of
certificates and documents required by this chapter. [1991 c
96 § 2.]
70.58.065
70.58.065 Local registrar use of electronic data
bases. The department, in mutual agreement with a local
health officer as defined in RCW 70.05.010, may authorize a
local registrar to access the statewide birth data base or death
data base and to issue a certified copy of birth or death certificates from the respective statewide electronic data bases. In
such cases, the department may bill local registrars for only
direct line charges associated with accessing birth and death
data bases. [1991 c 96 § 3.]
70.58.070
70.58.070 Registration of births required. All births
that occur in the state shall be immediately registered in the
districts in which they occur, as hereinafter provided. [1907
c 83 § 11; RRS § 6028.]
70.58.080
70.58.080 Birth certificates—Filing—Establishing
paternity—Surname of child. (1) Within ten days after the
birth of any child, the attending physician, midwife, or his or
her agent shall:
(a) Fill out a certificate of birth, giving all of the particulars required, including: (i) The mother’s name and date of
birth, and (ii) if the mother and father are married at the time
of birth or an acknowledgment of paternity has been signed
or one has been filed with the state registrar of vital statistics
naming the man as the father, the father’s name and date of
birth; and
(b) File the certificate of birth together with the mother’s
and father’s social security numbers with the state registrar of
vital statistics.
(2) The local registrar shall forward the birth certificate,
any signed acknowledgment of paternity that has not been
[Title 70 RCW—page 117]
70.58.082
Title 70 RCW: Public Health and Safety
filed with the state registrar of vital statistics, and the
mother’s and father’s social security numbers to the state
office of vital statistics pursuant to RCW 70.58.030.
(3) The state registrar of vital statistics shall make available to the division of child support the birth certificates, the
mother’s and father’s social security numbers and acknowledgments of paternity.
(4) Upon the birth of a child to an unmarried woman, the
attending physician, midwife, or his or her agent shall:
(a) Provide an opportunity for the child’s mother and
natural father to complete an acknowledgment of paternity.
The completed acknowledgment shall be filed with the state
registrar of vital statistics. The acknowledgment shall be prepared as required by RCW 26.26.305.
(b) Provide written information and oral information,
furnished by the department of social and health services, to
the mother and the father regarding the benefits of having the
child’s paternity established and of the availability of paternity establishment services, including a request for support
enforcement services. The oral and written information shall
also include information regarding the alternatives to, the
legal consequences of, and the rights, including, if one parent
is a minor any rights afforded due to minority status, and
responsibilities that arise from, signing the acknowledgment
of paternity.
(5) The physician or midwife or his or her agent is entitled to reimbursement for reasonable costs, which the department shall establish by rule, when an acknowledgment of
paternity is filed with the state registrar of vital statistics.
(6) If there is no attending physician or midwife, the
father or mother of the child, householder or owner of the
premises, manager or superintendent of the public or private
institution in which the birth occurred, shall notify the local
registrar, within ten days after the birth, of the fact of the
birth, and the local registrar shall secure the necessary information and signature to make a proper certificate of birth.
(7) When an infant is found for whom no certificate of
birth is known to be on file, a birth certificate shall be filed
within the time and in the form prescribed by the state board
of health.
(8) When no alleged father is named on a birth certificate
of a child born to an unwed mother the mother may give any
surname she so desires to her child but shall designate in
space provided for father’s name on the birth certificate
"None Named". [2002 c 302 § 708; 1997 c 58 § 937; 1989 c
55 § 2; 1961 ex.s. c 5 § 8; 1951 c 106 § 6; 1907 c 83 § 12;
RRS § 6029.]
Application—Construction—Short title—Severability—2002 c
302: See RCW 26.26.903, 26.26.911, and 26.26.912.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Implementation—1994 c 299: "The department of social and health
services shall make a substantial effort to determine the identity of the noncustodial parent through consistent implementation of RCW 70.58.080. By
December 1, 1994, the department of social and health services shall report
to the fiscal committees of the legislature on the method for validating claims
of good cause for refusing to establish paternity, the methods used in other
states, and the national average rate of claims of good cause for refusing to
establish paternity compared to the Washington state rate of claims of good
cause for refusing to establish paternity, the reasons for differences in the
[Title 70 RCW—page 118]
rates, and steps that may be taken to reduce these differences." [1994 c 299
§ 13.]
70.58.082
70.58.082 Vital records—Rules—Release of copies.
No person may prepare or issue any vital record that purports
to be an original, certified copy, or copy of a vital record
except as authorized in this chapter.
The department shall adopt rules providing for the
release of paper or electronic copies of vital records that
include adequate standards for security and confidentiality,
ensure the proper record is identified, and prevent fraudulent
use of records. All certified copies of vital records in the state
must be on paper and in a format provided and approved by
the department and must include security features to deter the
alteration, counterfeiting, duplication, or simulation without
ready detection.
Federal, state, and local governmental agencies may,
upon request and with submission of the appropriate fee, be
furnished copies of vital records if the vital record will be
used for the agencies’ official duties. The department may
enter into agreements with offices of vital statistics outside
the state for the transmission of copies of vital records to
those offices when the vital records relate to residents of
those jurisdictions and receipt of copies of vital records from
those offices. The agreement must specify the statistical and
administrative purposes for which the vital records may be
used and must provide instructions for the proper retention
and disposition of the copies. Copies of vital records that are
received by the department from other offices of vital statistics outside the state must be handled as provided under the
agreements.
The department may disclose information that may identify any person named in any birth certificate [vital] record
for research purposes as provided under chapter 42.48 RCW.
[2005 c 365 § 152; 1997 c 108 § 1.]
70.58.085
70.58.085 Birth certificates suitable for display—
Issuance—Fee—Disposition of funds. (1) In addition to the
original birth certificate, the state registrar shall issue upon
request and upon payment of the fee established pursuant to
subsection (3) of this section a birth certificate representing
that the birth of the person named thereon is recorded in the
office of the registrar. The certificate issued under this section shall be in a form consistent with the need to protect the
integrity of vital records but shall be suitable for display. It
may bear the seal of the state printed thereon and may be
signed by the governor. It shall have the same status as evidence as the original birth certificate.
(2) Of the funds received under subsection (1) of this
section, the amount needed to reimburse the registrar for
expenses incurred in administering this section shall be credited to the state registrar account. The remainder shall be
credited to the children’s trust fund established under RCW
43.121.100.
(3) The fee shall be set by the council established pursuant to RCW 43.121.020, at a level likely to maximize revenues for the children’s trust fund. [2004 c 53 § 1; 1987 c 351
§ 6.]
Legislative findings—1987 c 351: "The legislature finds that children
are society’s most valuable resource and that child abuse and neglect is a
threat to the physical, mental, and emotional health of children. The legisla(2006 Ed.)
Vital Statistics
ture further finds that assisting community-based private nonprofit and public organizations, agencies, or school districts in identifying and establishing
needed primary prevention programs will reduce the incidence of child
abuse and neglect, and the necessity for costly subsequent intervention in
family life by the state. Child abuse and neglect prevention programs can be
most effectively and economically administered through the use of trained
volunteers and the cooperative efforts of the communities, citizens, and the
state. The legislature finds that the Washington council for prevention of
child abuse is an effective counsel for reducing child abuse but limited
resources have prevented the council from funding promising prevention
concepts statewide.
It is the intent of the legislature to establish a cost-neutral revenue system for the children’s trust fund which is designed to fund primary prevention programs and innovative prevention related activities such as research
or public awareness campaigns. The fund shall be supported through revenue created by the sale of heirloom birth certificates. This concept has
proven to be a cost-effective approach to funding child abuse prevention in
the state of Oregon. The legislature believes that this is an innovative way of
using private dollars to supplement our public dollars to reduce child abuse
and neglect." [1987 c 351 § 1.]
70.58.095
70.58.095 New certificate of birth—Legitimation,
paternity—Substitution for original—Inspection of original, when—When delayed registration required. The
state registrar of vital statistics shall establish a new certificate of birth for a person born in this state when he receives a
request that a new certificate be established and such evidence as required by regulation of the state board of health
proving that such person has been acknowledged, or that a
court of competent jurisdiction has determined the paternity
of such person. When a new certificate of birth is established,
the actual place and date of birth shall be shown. It shall be
substituted for the original certificate of birth. Thereafter, the
original certificate and the evidence of paternity, or acknowledgment shall not be subject to inspection except upon order
of a court of competent jurisdiction, or upon written request
of the department of social and health services, the attorney
general, or a prosecuting attorney, stating that the documents
are being sought in furtherance of an action to enforce a duty
of support. If no certificate of birth is on file for the person for
whom a new certificate is to be established under this section,
a delayed registration of birth shall be filed with the state registrar of vital statistics as provided in RCW 70.58.120. [1983
1st ex.s. c 41 § 14; 1975-’76 2nd ex.s. c 42 § 38; 1961 ex.s. c
5 § 21.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
70.58.100
70.58.100 Supplemental report on name of child. It
shall be the duty of every local registrar when any certificate
of birth of a living child is presented without statement of the
given name, to make out and deliver to the parents of such
child a special blank for the supplemental report of the given
name of the child, which shall be filled out as directed and
returned to the registrar as soon as the child has been named.
[1915 c 180 § 8; 1907 c 83 § 14; RRS § 6031.]
70.58.104
70.58.104 Reproductions of vital records—Disclosure of information for research purposes—Furnishing of
birth and death records by local registrars. (1) The state
registrar may prepare typewritten, photographic, electronic,
or other reproductions of records of birth, death, fetal death,
marriage, or decrees of divorce, annulment, or legal separation registered under law or that portion of the record of any
birth which shows the child’s full name, sex, date of birth,
(2006 Ed.)
70.58.107
and date of filing of the certificate. Such reproductions, when
certified by the state registrar, shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts stated therein.
(2) The department may authorize by regulation the disclosure of information contained in vital records for research
purposes. All research proposals must be submitted to the
department and must be reviewed and approved as to scientific merit and to ensure that confidentiality safeguards are
provided in accordance with department policy.
(3) Local registrars may, upon request, furnish certified
copies of the records of birth, death, and fetal death, subject
to all provisions of state law applicable to the state registrar.
[1991 c 96 § 4; 1987 c 223 § 2.]
70.58.107
70.58.107 Fees charged by department and local registrars. The department of health shall charge a fee of seventeen dollars for certified copies of records and for copies or
information provided for research, statistical, or administrative purposes, and eight dollars for a search of the files or
records when no copy is made. The department shall prescribe by regulation fees to be paid for preparing sealed files
and for opening sealed files.
No fee may be demanded or required for furnishing certified copies of a birth, death, fetal death, marriage, divorce,
annulment, or legal separation record for use in connection
with a claim for compensation or pension pending before the
veterans administration. No fee may be demanded or
required for furnishing certified copies of a death certificate
of a sex offender for use by a law enforcement agency in
maintaining a registered sex offender data base.
The department shall keep a true and correct account of
all fees received and transmit the fees to the state treasurer on
a weekly basis.
Local registrars shall charge the same fees as the state as
hereinabove provided and as prescribed by department regulation except in cases where payment is made by credit card,
charge card, debit card, smart card, stored value card, federal
wire, automatic clearinghouse system, or other electronic
communication. Payment by these electronic methods may
be subject to an additional fee consistent with the requirements established by RCW 36.29.190. All such fees collected, except for seven dollars of each fee collected for the
issuance of birth certificates and first copies of death certificates and fourteen dollars of each fee collected for additional
copies of the same death certificate ordered at the same time
as the first copy, shall be paid to the jurisdictional health
department.
All local registrars in cities and counties shall keep a true
and correct account of all fees received under this section for
the issuance of certified copies and shall transmit seven dollars of the fees collected for birth certificates and first copies
of death certificates and fourteen dollars of the fee collected
for additional copies of death certificates to the state treasurer
on or before the first day of January, April, July, and October.
All but five dollars of the fees turned over to the state treasurer by local registrars shall be paid to the department of
health for the purpose of developing and maintaining the
state vital records systems, including a web-based electronic
death registration system.
[Title 70 RCW—page 119]
70.58.110
Title 70 RCW: Public Health and Safety
Five dollars of each fee imposed for the issuance of certified copies, except for copies suitable for display issued
under RCW 70.58.085, at both the state and local levels shall
be held by the state treasurer in the death investigations’
account established by RCW 43.79.445. [2003 c 272 § 1;
2003 c 241 § 1; 1997 c 223 § 1; 1991 c 3 § 343; 1988 c 40 §
1; 1987 c 223 § 3.]
Reviser’s note: This section was amended by 2003 c 241 § 1 and by
2003 c 272 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
70.58.110
70.58.110 Delayed registration of births—Authorized. Whenever a birth which occurred in this state on or
after July 1, 1907, is not on record in the office of the state
registrar or in the office of the auditor of the county in which
the birth occurred if the birth was prior to July 1, 1907, application for the registration of the birth may be made by the
interested person to the state registrar: PROVIDED, That if
the person whose birth is to be recorded be a child under four
years of age the attending physician, if available, shall make
the registration. [1953 c 90 § 2; 1943 c 176 § 1; 1941 c 167
§ 1; Rem. Supp. 1943 § 6011-1.]
the county of residence or of the county of birth for an order
establishing a record of the date and place of his birth, and his
parentage. The court shall fix a time for hearing the petition,
and the state registrar shall be given notice at least twenty
days prior to the date set for hearing in order that he may
present at the hearing any information he believes will be
useful to the court. If the court from the evidence presented to
it finds that the petitioner was born in this state, the court
shall issue an order to establish a record of birth. This order
shall include the birth data to be registered. If the court orders
the birth of a person born in this state registered, it shall be
registered in the records of the state registrar. [1961 ex.s. c 5
§ 20.]
70.58.150
70.58.150 "Fetal death," "evidence of life," defined.
A fetal death means any product of conception that shows no
evidence of life after complete expulsion or extraction from
its mother. The words "evidence of life" include breathing,
beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. [1961 ex.s. c 5 § 11;
1945 c 159 § 5; Rem. Supp. 1945 § 6024-5.]
70.58.160
70.58.120
70.58.120 Delayed registration of births—Application—Evidence required. The delayed registration of birth
form shall be provided by the state registrar and shall be
signed by the registrant if of legal age, or by the attendant at
birth, parent, or guardian if the registrant is not of legal age.
In instances of delayed registration of birth where the person
whose birth is to be recorded is four years of age or over but
under twelve years of age and in instances where the person
whose birth is to be recorded is less than four years of age and
the attending physician is not available to make the registration, the facts concerning date of birth, place of birth, and parentage shall be established by at least one piece of documentary evidence. In instances of delayed registration of birth
where the person whose birth is to be recorded is twelve years
of age or over, the facts concerning date of birth and place of
birth shall be established by at least three documents of which
only one may be an affidavit. The facts concerning parentage
shall be established by at least one document. Documents,
other than affidavits, or documents established prior to the
fourth birthday of the registrant, shall be at least five years
old or shall have been made from records established at least
five years prior to the date of application. [1961 ex.s. c 5 § 9;
1953 c 90 § 3; 1943 c 176 § 2; 1941 c 167 § 2; Rem. Supp.
1943 § 6011-2.]
70.58.130
70.58.130 Delayed registration of births—Where
registered—Copy as evidence. The birth shall be registered
in the records of the state registrar. A certified copy of the
record shall be prima facie evidence of the facts stated
therein. [1961 ex.s. c 5 § 10; 1953 c 90 § 4; 1951 c 106 § 2;
1943 c 176 § 4; 1941 c 167 § 4; Rem. Supp. 1943 § 6011-4.]
70.58.145
70.58.145 Order establishing record of birth when
delayed registration not available—Procedure. When a
person alleged to be born in this state is unable to meet the
requirements for a delayed registration of birth in accordance
with RCW 70.58.120, he may petition the superior court of
[Title 70 RCW—page 120]
70.58.160 Certificate of death or fetal death
required. A certificate of every death or fetal death shall be
filed with the local registrar of the district in which the death
or fetal death occurred within three business days after the
occurrence is known, or if the place of death or fetal death is
not known, then with the local registrar of the district in
which the human remains are found within one business day
thereafter. In every instance a certificate shall be filed prior
to the interment or other disposition of the human remains.
However, a certificate of fetal death shall not be required if
the period of gestation is less than twenty weeks. [2005 c 365
§ 153; 1961 ex.s. c 5 § 12; 1945 c 159 § 1; Rem. Supp. 1945
§ 6024-1. Prior: 1915 c 180 § 4; 1907 c 83 § 5.]
70.58.170
70.58.170 Certificate of death or fetal death—By
whom filed. The funeral director or person having the right
to control the disposition of the human remains under RCW
68.50.160 shall file the certificate of death or fetal death. In
preparing such certificate, the funeral director or person having the right to control the disposition of the human remains
under RCW 68.50.160 shall obtain and enter on the certificate such personal data as the certificate requires from the
person or persons best qualified to supply them. He or she
shall present the certificate of death to the physician, physician’s assistant, or advanced registered nurse practitioner last
in attendance upon the deceased, or, if the deceased died
without medical attendance, to the health officer, coroner, or
prosecuting attorney having jurisdiction, who shall thereupon
certify the cause of death according to his or her best knowledge and belief and shall sign the certificate of death or fetal
death within two business days after being presented with the
certificate unless good cause for not signing the certificate
within the two business days can be established. He or she
shall present the certificate of fetal death to the physician,
physician’s assistant, advanced registered nurse practitioner,
midwife, or other person in attendance at the fetal death, who
shall certify the fetal death and such medical data pertaining
thereto as he or she can furnish. [2005 c 365 § 154; 2000 c
(2006 Ed.)
Vital Statistics
133 § 1; 1979 ex.s. c 162 § 1; 1961 ex.s. c 5 § 13; 1945 c 159
§ 2; Rem. Supp. 1945 § 6024-2.]
70.58.180
70.58.180 Certificate when no physician, physician’s
assistant, or advanced registered nurse practitioner in
attendance—Legally accepted cause of death. If the death
occurred without medical attendance, the funeral director or
person having the right to control the disposition of the
human remains under RCW 68.50.160 shall notify the coroner, or prosecuting attorney if there is no coroner in the
county. If the circumstances suggest that the death or fetal
death was caused by unlawful or unnatural causes or if there
is no local health officer with jurisdiction, the coroner, or if
none, the prosecuting attorney shall complete and sign the
certification, noting upon the certificate that no physician,
physician’s assistant, or advanced registered nurse practitioner was in attendance at the time of death. In case of any
death without medical attendance in which there is no suspicion of death from unlawful or unnatural causes, the local
health officer or his or her deputy, the coroner and if none, the
prosecuting attorney, shall complete and sign the certification, noting upon the certificate that no physician, physician’s
assistant, or advanced registered nurse practitioner was in
attendance at the time of death, and noting the cause of death
without the holding of an inquest or performing of an autopsy
or post mortem, but from statements of relatives, persons in
attendance during the last sickness, persons present at the
time of death or other persons having adequate knowledge of
the facts.
The cause of death, the manner and mode in which death
occurred, as noted by the coroner or if none, the prosecuting
attorney or the health officer and incorporated in the death
certificate filed with the bureau of vital statistics of the board
of health shall be the legally accepted manner and mode by
which the deceased came to his or her death and shall be the
legally accepted cause of death. [2005 c 365 § 155; 2000 c
133 § 2; 1961 ex.s. c 5 § 14; 1953 c 188 § 5; 1945 c 159 § 3;
Rem. Supp. 1945 § 6024-3. Prior: 1915 c 180 § 5; 1907 c 83
§ 7.]
70.58.230
names of the adoptive parents of the child and the age, sex,
and date of birth of the child, but no reference in any birth
certificate shall have reference to the adoption of the child.
However, original registration of births shall remain a part of
the record of the board of health.
(2) Whenever a decree of adoption has been entered
declaring a child, born outside of the United States and its territories, adopted in any court of competent jurisdiction in the
state of Washington, a certified copy of the decree of adoption together with evidence as to the child’s birth date and
birth place provided by the original birth certificate, or by a
certified copy, extract, or translation thereof or by a certified
copy of some other document essentially equivalent thereto,
shall be recorded with the proper department of registration
of births in the state of Washington. The records of the United
States immigration and naturalization service or of the United
States department of state are essentially equivalent to the
birth certificate. A certificate of birth shall issue upon
request, bearing the new name of the child as shown in the
decree of adoption, the names of the adoptive parents of the
child and the age, sex, and date of birth of the child, but no
reference in any birth certificate shall have reference to the
adoption of the child. Unless the court orders otherwise, the
certificate of birth shall have the same overall appearance as
the certificate which would have been issued if the adopted
child had been born in the state of Washington.
A person born outside of the United States and its territories for whom a decree of adoption has been entered in a
court of this state before September 1, 1979, may apply for a
certificate of birth under this subsection by furnishing the
proper department of registration of births with a certified
copy of the decree of adoption together with the other evidence required by this subsection as to the date and place of
birth. Upon receipt of the decree and evidence, a certificate of
birth shall be issued in accordance with this subsection.
[1979 ex.s. c 101 § 2; 1975-’76 2nd ex.s. c 42 § 40; 1943 c 12
§ 1; 1939 c 133 § 1; Rem. Supp. 1943 § 6013-1.]
Severability—1979 ex.s. c 101: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 101 § 3.]
70.58.190
70.58.190 Permit to dispose of human remains when
cause of death undetermined. If the cause of death cannot
be determined within three business days, the certification of
its cause may be filed after the prescribed period, but the
attending physician, coroner, or prosecuting attorney shall
give the local registrar of the district in which the death
occurred written notice of the reason for the delay, in order
that a permit for the disposition of the human remains may be
issued if required. [2005 c 365 § 156; 1945 c 159 § 4; Rem.
Supp. 1945 § 6024-4.]
70.58.210
70.58.210 Birth certificate upon adoption. (1) Whenever a decree of adoption has been entered declaring a child,
born in the state of Washington, adopted in any court of competent jurisdiction in the state of Washington or any other
state or any territory of the United States, a certified copy of
the decree of adoption shall be recorded with the proper
department of registration of births in the state of Washington
and a certificate of birth shall issue upon request, bearing the
new name of the child as shown in the decree of adoption, the
(2006 Ed.)
Adoption: Chapter 26.33 RCW.
Decree of adoption—Duties of state registrar of vital statistics: RCW
26.33.290.
Uniform parentage act: Chapter 26.26 RCW.
70.58.230
70.58.230 Permits for burial, removal, etc.,
required—Removal to another district without permit,
notice to registrar, fee. It shall be unlawful for any person
to inter, deposit in a vault, grave, or tomb, cremate, or otherwise dispose of, or disinter or remove from one registration
district to another, or hold for more than three business days
after death, the human remains of any person whose death
occurred in this state or any human remains which shall be
found in this state, without obtaining, from the local registrar
of the district in which the death occurred or in which the
human remains were found, a permit for the burial, disinterment, or removal of the human remains. However, a licensed
funeral director or embalmer of this state or a funeral establishment licensed in another state contiguous to Washington,
with a current certificate of removal registration issued by the
[Title 70 RCW—page 121]
70.58.240
Title 70 RCW: Public Health and Safety
director of the department of licensing, may remove human
remains from the district where the death occurred to another
registration district or Oregon or Idaho without having
obtained a permit but in such cases the funeral director or
embalmer shall at the time of removing human remains file
with or mail to the local registrar of the district where the
death occurred a notice of removal upon a blank to be furnished by the state registrar. The notice of removal shall be
signed by the funeral director or embalmer and shall contain
the name and address of the local registrar with whom the
certificate of death will be filed and the burial-transit permit
secured. Every local registrar, accepting a death certificate
and issuing a burial-transit permit for a death that occurred
outside his or her district, shall be entitled to a fee of one dollar to be paid by the funeral director or embalmer at the time
the death certificate is accepted and the permit is secured. It
shall be unlawful for any person to bring into or transport
within the state or inter, deposit in a vault, grave, or tomb, or
cremate or otherwise dispose of human remains of any person whose death occurred outside this state unless the human
remains are accompanied by a removal or transit permit
issued in accordance with the law and health regulations in
force where the death occurred, or unless a special permit for
bringing the human remains into this state shall be obtained
from the state registrar. [2005 c 365 § 157; 1961 ex.s. c 5 §
16; 1915 c 180 § 3; 1907 c 83 § 4; RRS § 6021.]
Cemeteries and human remains: Title 68 RCW.
70.58.260 Burial grounds—Duties of sexton. It shall
be unlawful for any person in charge of any premises in
which bodies of deceased persons are interred, cremated, or
otherwise permanently disposed of, to permit the interment,
cremation, or other disposition of any body upon such premises unless it is accompanied by a burial, removal, or transit
permit as provided in this chapter. It shall be the duty of the
person in charge of any such premises to, in case of the interment, cremation, or other disposition of human remains
therein, endorse upon the permit the date and character of
such disposition, over his or her signature, to return all permits so endorsed to the local registrar of the district in which
the death occurred within ten days from the date of such disposition, and to keep a record of all human remains disposed
of on the premises under his or her charge, stating, in each
case, the name of the deceased person, if known, the place of
death, the date of burial or other disposition, and the name
and address of the undertaker, which record shall at all times
be open to public inspection, and it shall be the duty of every
undertaker, or person acting as such, when burying human
remains in a cemetery or burial grounds having no person in
charge, to sign the burial, removal, or transit permit, giving
the date of burial, write across the face of the permit the
words "no person in charge", and file the burial, removal, or
transit permit within ten days with the registrar of the district
in which the death occurred. [2005 c 365 § 159; 1915 c 180
§ 7; 1907 c 83 § 10; RRS § 6027.]
70.58.260
70.58.270
70.58.240
70.58.240 Duties of funeral directors. Each funeral
director or person having the right to control the disposition
of the human remains under RCW 68.50.160 shall obtain a
certificate of death, sign and file the certificate with the local
registrar, and secure a burial-transit permit, prior to any permanent disposition of the human remains. He or she shall
obtain the personal and statistical particulars required, from
the person best qualified to supply them. He or she shall
present the certificate to the attending physician or in case the
death occurred without any medical attendance, to the proper
official for certification for the medical certificate of the
cause of death and other particulars necessary to complete the
record. He or she shall supply the information required relative to the date and place of disposition and he or she shall
sign and present the completed certificate to the local registrar, for the issuance of a burial-transit permit. He or she shall
deliver the burial permit to the sexton, or person in charge of
the place of burial, before interring the human remains; or
shall attach the transit permit to the box containing the
corpse, when shipped by any transportation company, and the
permit shall accompany the corpse to its destination. [2005 c
365 § 158; 1961 ex.s. c 5 § 17; 1915 c 180 § 6; 1907 c 83 § 8;
RRS § 6025.]
70.58.250
70.58.250 Burial-transit permit—Requisites. The
burial-transit permit shall contain a statement by the local
registrar and over his signature, that a satisfactory certificate
of death having been filed with him, as required by law, permission is granted to inter, remove, or otherwise dispose of
the body; stating the name of the deceased and other necessary details upon the form prescribed by the state registrar.
[1961 ex.s. c 5 § 18; 1907 c 83 § 9; RRS § 6026.]
[Title 70 RCW—page 122]
70.58.270 Data on inmates of hospitals, etc. All
superintendents or managers, or other persons in charge of
hospitals, almshouses, lying-in or other institutions, public or
private, to which persons resort for treatment of disease, confinement, or are committed by process of law, are hereby
required to make a record of all the personal and statistical
particulars relative to the inmates in their institutions, at the
date of approval of *this act, that are required in the form of
the certificate provided for by this act, as directed by the state
registrar; and thereafter such record shall be by them made
for all future inmates at the time of their admission. And in
case of persons admitted or committed for medical treatment
of contagious disease, the physician in charge shall specify,
for entry in the record, the nature of the disease, and where, in
his opinion, it was contracted. The personal particulars and
information required by this section shall be obtained from
the individual himself, if it is practicable to do so; and when
they cannot be so obtained, they shall be secured in as complete a manner as possible from the relatives, friends, or other
persons acquainted with the facts. [1907 c 83 § 16; RRS §
6033.]
*Reviser’s note: For "this act," see note following RCW 70.58.050.
70.58.280 Penalty. (1) Every person who violates or
willfully fails, neglects, or refuses to comply with any provisions of *this act is guilty of a misdemeanor and for a second
offense shall be punished by a fine of not less than twentyfive dollars, and for a third and each subsequent offense shall
be punished by a fine of not less than fifty dollars or more
than two hundred and fifty dollars or by imprisonment for not
more than ninety days, or by both fine and imprisonment.
(2) Every person who willfully furnishes any false information for any certificate required by *this act or who makes
70.58.280
(2006 Ed.)
Transient Accommodations—Licensing—Inspections
any false statement in any such certificate is guilty of a gross
misdemeanor. [2003 c 53 § 353; 1915 c 180 § 12; 1907 c 83
§ 21; RRS § 6038.]
*Reviser’s note: For "this act," see note following RCW 70.58.050.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.62.250
70.62.200 Purpose. The purpose of this chapter is to
provide for the development, establishment, and enforcement
of standards for the maintenance and operation of transient
accommodations through a licensing program to promote the
protection of the health and safety of individuals using such
accommodations in this state. [1994 c 250 § 1; 1971 ex.s. c
239 § 1.]
70.62.200
70.58.380
70.58.380 Certificates for out-of-state marriage
license requirements. The department shall prescribe by
rule a schedule of fees for providing certificates necessary to
meet marriage license requirements of other states. The fees
shall be predicated on the costs of conducting premarital
blood screening tests and issuing certificates. [1981 c 284 §
1.]
Reviser’s note: Although 1981 c 284 directs this section be added to
chapter 74.04 RCW, codification here is considered more appropriate. The
department of social and health services is apparently the department
referred to.
70.58.390 Certificates of presumed death. A county
coroner, medical examiner, or the prosecuting attorney having jurisdiction may file a certificate of presumed death when
the official filing the certificate determines to the best of the
official’s knowledge and belief that there is sufficient circumstantial evidence to indicate that a person has in fact died
in the county or in waters contiguous to the county and that it
is unlikely that the body will be recovered. The certificate
shall recite, to the extent possible, the date, circumstances,
and place of the death, and shall be the legally accepted fact
of death.
In the event that the county in which the death occurred
cannot be determined with certainty, the county coroner,
medical examiner, or prosecuting attorney in the county in
which the events occurred and in which the decedent was last
known to be alive may file a certificate of presumed death
under this section.
The official filing the certificate of presumed death shall
file the certificate with the local registrar of the county where
the death was presumed to have occurred, and thereafter all
persons and parties acting in good faith may rely thereon with
acquittance. [2005 c 365 § 160; 1981 c 176 § 1.]
70.58.390
Chapter 70.62
Chapter 70.62 RCW
TRANSIENT ACCOMMODATIONS—
LICENSING—INSPECTIONS
70.62.210 Definitions. The following terms whenever
used or referred to in this chapter shall have the following
respective meanings for the purposes of this chapter, except
in those instances where the context clearly indicates otherwise:
(1) The term "transient accommodation" shall mean any
facility such as a hotel, motel, condominium, resort, or any
other facility or place offering three or more lodging units to
travelers and transient guests.
(2) The term "person" shall mean any individual, firm,
partnership, corporation, company, association or joint stock
association, and the legal successor thereof.
(3) The term "secretary" shall mean the secretary of the
Washington state department of health and any duly authorized representative thereof.
(4) The term "board" shall mean the Washington state
board of health.
(5) The term "department" shall mean the Washington
state department of health.
(6) The term "lodging unit" shall mean one self-contained unit designated by number, letter or some other
method of identification. [1991 c 3 § 347; 1971 ex.s. c 239 §
2.]
70.62.210
70.62.220 License required—Fee—Display. The person operating a transient accommodation as defined in this
chapter shall secure each year an annual operating license and
shall pay a fee to cover the cost of licensure and enforcement
activities as established by the department under RCW
43.70.110 and 43.70.250. The initial licensure period shall
run for one year from the date of issuance, and the license
shall be renewed annually on that date. The license fee shall
be paid to the department. The license shall be conspicuously
displayed in the lobby or office of the facility for which it is
issued. [1994 c 250 § 2; 1987 c 75 § 9; 1982 c 201 § 10; 1971
ex.s. c 239 § 3.]
70.62.220
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
Sections
70.62.200
70.62.210
70.62.220
70.62.240
70.62.250
70.62.260
70.62.270
70.62.280
70.62.290
70.62.900
Purpose.
Definitions.
License required—Fee—Display.
Rules.
Powers and duties of department.
Licenses—Applications—Expiration—Renewal.
Suspension or revocation of licenses—Civil fine.
Violations—Penalty.
Adoption of fire and safety rules.
Severability—1971 ex.s. c 239.
Reviser’s note: Throughout this chapter, the terms "this 1971 amendatory act" or "this act" have been changed to "this chapter." "This 1971 amendatory act" and "this act" consist of this chapter, the amendment of RCW
43.22.050 and the repeal of RCW 70.62.010 through 70.62.130 and
43.22.060 through 43.22.110 by 1971 ex.s. c 239.
Hotels: Chapter 19.48 RCW.
Lien of hotels, lodging and boarding houses: Chapter 60.64 RCW.
(2006 Ed.)
70.62.240 Rules. The board shall adopt such rules as
may be necessary to assure that each transient accommodation will be operated and maintained in a manner consistent
with the health and safety of the members of the public using
such facilities. Such rules shall provide for adequate light,
heat, ventilation, cleanliness, and sanitation and shall include
provisions to assure adequate maintenance. All rules and
amendments thereto shall be adopted in conformance with
the provisions of chapter 34.05 RCW. [1994 c 250 § 3; 1971
ex.s. c 239 § 5.]
70.62.240
70.62.250 Powers and duties of department. The
department is hereby granted and shall have and exercise, in
addition to the powers herein granted, all the powers neces70.62.250
[Title 70 RCW—page 123]
70.62.260
Title 70 RCW: Public Health and Safety
sary and appropriate to carry out and execute the purposes of
this chapter, including but not limited to the power:
(1) To develop such rules and regulations for proposed
adoption by the board as may be necessary to implement the
purposes of this chapter;
(2) To enter and inspect at any reasonable time any transient accommodation and to make such investigations as are
reasonably necessary to carry out the provisions of this chapter and any rules and regulations promulgated thereunder:
PROVIDED, That no room or suite shall be entered for
inspection unless said room or suite is not occupied by any
patron or guest of the transient accommodation at the time of
entry;
(3) To perform such other duties and employ such personnel as may be necessary to carry out the provisions of this
chapter; and
(4) To administer and enforce the provisions of this
chapter and the rules and regulations promulgated thereunder
by the board. [1971 ex.s. c 239 § 6; (1994 c 250 § 4 expired
June 30, 1997).]
Contingent expiration date—1994 c 250 § 4: "The 1994 amendments
to RCW 70.62.250, section 4, chapter 250, Laws of 1994, expire on June 30,
1997, unless specifically extended by the legislature by an act of law. The
department of health shall report to the legislature by December 1, 1996, on
the impact of these amendments on transient accommodation licensees in the
state of Washington." [1994 c 250 § 5.]
70.62.270
70.62.270 Suspension or revocation of licenses—Civil
fine. (1) Licenses issued under this chapter may be suspended or revoked upon the failure or refusal of the person
operating a transient accommodation to comply with the provisions of this chapter, or of any rules adopted under this
chapter by the board. All such proceedings shall be governed
by the provisions of chapter 34.05 RCW.
(2) In lieu of or in addition to license suspension or revocation, the department may assess a civil fine in accordance
with RCW 43.70.095. [1994 c 250 § 7; 1971 ex.s. c 239 § 8.]
70.62.280
70.62.280 Violations—Penalty. Any violation of this
chapter or the rules and regulations promulgated hereunder
by any person operating a transient accommodation shall be a
misdemeanor and shall be punished as such. Each day of
operation of a transient accommodation in violation of this
chapter shall constitute a separate offense. [1971 ex.s. c 239
§ 10.]
70.62.290
70.62.290 Adoption of fire and safety rules. Rules
establishing fire and life safety requirements, not inconsistent
with the provisions of this chapter, shall continue to be
adopted by the director of community, trade, and economic
development, through the director of fire protection. [1994 c
250 § 8; 1986 c 266 § 95; 1971 ex.s. c 239 § 11.]
Severability—1986 c 266: See note following RCW 38.52.005.
70.62.900
70.62.260
70.62.260 Licenses—Applications—Expiration—
Renewal. (1) No person shall operate a transient accommodation as defined in this chapter without having a valid
license issued by the department. Applications for a transient
accommodation license shall be filed with the department
sixty days or more before initiating business as a transient
accommodation. All licenses issued under the provisions of
this chapter shall expire one year from the effective date.
(2) All applications for renewal of licenses shall be
either: (a) Postmarked no later than midnight on the date the
license expires; or (b) if personally presented to the department or sent by electronic means, received by the department
by 5:00 p.m. on the date the license expires.
(3) A licensee that submits a license renewal application
in accordance with this section and the rules and fee schedule
adopted under this chapter shall be deemed to possess a valid
license for the year following the expiration date of the expiring license, or until the department suspends or revokes the
license pursuant to RCW 70.62.270.
(4) The license of a licensee that fails to submit a license
renewal application in accordance with this section, and the
rules and fee schedule adopted under this chapter, shall
become invalid on the thirty-fifth day after the expiration
date, unless the licensee shall have corrected any and all deficiencies in the renewal application and paid a penalty fee as
established by rule by the department before the thirty-fifth
day following the expiration date. An invalid license may be
reinstated upon reapplication as an applicant for a new
license under subsection (1) of this section.
(5) Each license shall be issued only for the premises and
persons named in the application. [2004 c 162 § 1; 1994 c
250 § 6; 1971 ex.s. c 239 § 7.]
[Title 70 RCW—page 124]
70.62.900 Severability—1971 ex.s. c 239. If any section or any portion of any section of this 1971 amendatory act
is found to be unconstitutional, the finding shall be to the
individual section or portion of section specifically found to
be unconstitutional and the balance of the act shall remain in
full force and effect. [1971 ex.s. c 239 § 12.]
Chapter 70.74 RCW
WASHINGTON STATE EXPLOSIVES ACT
Chapter 70.74
Sections
70.74.010
70.74.020
70.74.022
70.74.025
70.74.030
70.74.040
70.74.050
70.74.061
70.74.100
70.74.110
70.74.120
70.74.130
70.74.135
70.74.137
70.74.140
70.74.142
70.74.144
70.74.146
70.74.150
70.74.160
70.74.170
70.74.180
Definitions.
Restrictions on manufacture, sale, or storage—Users—
Reports on storage—Waiver.
License required to manufacture, purchase, sell, use, possess,
transport, or store explosives—Penalty—Surrender of
explosives by unlicensed person—Other relief.
Magazines—Classification, location and construction—Standards—Use.
Quantity and distance tables for storage—Adoption by rule.
Limit on storage quantity.
Quantity and distance table for explosives manufacturing
buildings.
Quantity and distance tables for separation between magazines—Adoption by rule.
Storage of caps with explosives prohibited.
Manufacturer’s report—Inspection—License.
Storage report—Inspection—License—Cancellation.
Dealer in explosives—Application—License.
Purchaser of explosives—Application—License.
Purchaser’s license fee.
Storage license fee.
User’s license or renewal—Fee.
Manufacturer’s license fee—Manufacturers to comply with
dealer requirements when selling.
Seller’s license fee—Sellers to comply with dealer requirements.
Annual inspection.
Unlawful access to explosives.
Discharge of firearms or igniting flame near explosives.
Explosive devices prohibited—Penalty.
(2006 Ed.)
Washington State Explosives Act
70.74.191
70.74.201
70.74.210
70.74.230
70.74.240
70.74.250
70.74.270
70.74.272
70.74.275
70.74.280
70.74.285
70.74.295
70.74.297
70.74.300
70.74.310
70.74.320
70.74.330
70.74.340
70.74.350
70.74.360
70.74.370
70.74.380
70.74.390
70.74.400
70.74.410
70.74.010
Exemptions.
Municipal or county ordinances unaffected—State preemption.
Coal mining code unaffected.
Shipments out of state—Dealer’s records.
Sale to unlicensed person prohibited.
Blasting near fur farms and hatcheries.
Malicious placement of an explosive—Penalties.
Malicious placement of an imitation device—Penalties.
Intimidation or harassment with an explosive—Class C felony.
Malicious explosion of a substance—Penalties.
"Terrorist act" defined.
Abandonment of explosives.
Separate storage of components capable of detonation when
mixed.
Explosive containers to be marked—Penalty.
Gas bombs, explosives, stink bombs, etc.
Small arms ammunition, primers and propellants—Transportation regulations.
Small arms ammunition, primers and propellants—Separation
from flammable materials.
Small arms ammunition, primers and propellants—Transportation, storage and display requirements.
Small arms ammunition, primers and propellants—Primers,
transportation and storage requirements.
Licenses—Fingerprint and criminal record checks—Fee—
Licenses prohibited for certain persons—License fees.
License revocation, nonrenewal, or suspension.
Licenses—Expiration—Extension of storage licenses.
Implementation of chapter and rules pursuant to chapter 49.17
RCW.
Seizure and forfeiture.
Reporting theft or loss of explosives.
70.74.010 Definitions. As used in this chapter, unless a
different meaning is plainly required by the context:
(1) The terms "authorized", "approved" or "approval"
shall be held to mean authorized, approved, or approval by
the department of labor and industries.
(2) The term "blasting agent" shall be held to mean and
include any material or mixture consisting of a fuel and oxidizer, that is intended for blasting and not otherwise defined
as an explosive; if the finished product, as mixed for use or
shipment, cannot be detonated by means of a number 8 test
blasting cap when unconfined. A number 8 test blasting cap
is one containing two grams of a mixture of eighty percent
mercury fulminate and twenty percent potassium chlorate, or
a blasting cap of equivalent strength. An equivalent strength
cap comprises 0.40-0.45 grams of PETN base charge pressed
in an aluminum shell with bottom thickness not to exceed
0.03 of an inch, to a specific gravity of not less than 1.4 g/cc.,
and primed with standard weights of primer depending on the
manufacturer.
(3) The term "explosive" or "explosives" whenever used
in this chapter, shall be held to mean and include any chemical compound or mechanical mixture that is commonly used
or intended for the purpose of producing an explosion, that
contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing, that an
ignition by fire, by friction, by concussion, by percussion, or
by detonation of any part of the compound or mixture may
cause such a sudden generation of highly heated gases that
the resultant gaseous pressures are capable of producing
destructive effects on contiguous objects or of destroying life
or limb. In addition, the term "explosives" shall include all
material which is classified as division 1.1, 1.2, 1.3, 1.4, 1.5,
or 1.6 explosives by the United States department of transportation. For the purposes of this chapter small arms ammunition, small arms ammunition primers, smokeless powder
(2006 Ed.)
70.74.010
not exceeding fifty pounds, and black powder not exceeding
five pounds shall not be defined as explosives, unless possessed or used for a purpose inconsistent with small arms use
or other lawful purpose.
(4) Classification of explosives shall include but not be
limited to the following:
(a) DIVISION 1.1 and 1.2 EXPLOSIVES: Possess mass
explosion or detonating hazard and include dynamite, nitroglycerin, picric acid, lead azide, fulminate of mercury, black
powder exceeding five pounds, blasting caps in quantities of
1001 or more, and detonating primers.
(b) DIVISION 1.3 EXPLOSIVES: Possess a minor blast
hazard, a minor projection hazard, or a flammable hazard and
include propellant explosives, including smokeless powder
exceeding fifty pounds.
(c) DIVISION 1.4, 1.5, and 1.6 EXPLOSIVES: Include
certain types of manufactured articles which contain division
1.1, 1.2, or 1.3 explosives, or all, as components, but in
restricted quantities, and also include blasting caps in quantities of 1000 or less.
(5) The term "explosive-actuated power devices" shall
be held to mean any tool or special mechanized device which
is actuated by explosives, but not to include propellant-actuated power devices.
(6) The term "magazine", shall be held to mean and
include any building or other structure, other than an explosives manufacturing building, used for the storage of explosives.
(7) The term "improvised device" means a device which
is fabricated with explosives or destructive, lethal, noxious,
pyrotechnic, or incendiary chemicals and which is designed,
or has the capacity, to disfigure, destroy, distract, or harass.
(8) The term "inhabited building", shall be held to mean
and include only a building regularly occupied in whole or in
part as a habitation for human beings, or any church, schoolhouse, railroad station, store, or other building where people
are accustomed to assemble, other than any building or structure occupied in connection with the manufacture, transportation, storage, or use of explosives.
(9) The term "explosives manufacturing plant" shall be
held to mean and include all lands, with the buildings situated
thereon, used in connection with the manufacturing or processing of explosives or in which any process involving
explosives is carried on, or the storage of explosives thereat,
as well as any premises where explosives are used as a component part or ingredient in the manufacture of any article or
device.
(10) The term "explosives manufacturing building",
shall be held to mean and include any building or other structure (excepting magazines) containing explosives, in which
the manufacture of explosives, or any processing involving
explosives, is carried on, and any building where explosives
are used as a component part or ingredient in the manufacture
of any article or device.
(11) The term "railroad" shall be held to mean and
include any steam, electric, or other railroad which carries
passengers for hire.
(12) The term "highway" shall be held to mean and
include any public street, public alley, or public road, including a privately financed, constructed, or maintained road that
is regularly and openly traveled by the general public.
[Title 70 RCW—page 125]
70.74.020
Title 70 RCW: Public Health and Safety
(13) The term "efficient artificial barricade" shall be held
to mean an artificial mound or properly revetted wall of earth
of a minimum thickness of not less than three feet or such
other artificial barricade as approved by the department of
labor and industries.
(14) The term "person" shall be held to mean and include
any individual, firm, partnership, corporation, company,
association, society, joint stock company, joint stock association, and including any trustee, receiver, assignee, or personal
representative thereof.
(15) The term "dealer" shall be held to mean and include
any person who purchases explosives or blasting agents for
the sole purpose of resale, and not for use or consumption.
(16) The term "forbidden or not acceptable explosives"
shall be held to mean and include explosives which are forbidden or not acceptable for transportation by common carriers by rail freight, rail express, highway, or water in accordance with the regulations of the federal department of transportation.
(17) The term "handloader" shall be held to mean and
include any person who engages in the noncommercial
assembling of small arms ammunition for his own use, specifically the operation of installing new primers, powder, and
projectiles into cartridge cases.
(18) The term "handloader components" means small
arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds, and black powder as
used in muzzle loading firearms not exceeding five pounds.
(19) The term "fuel" shall be held to mean and include a
substance which may react with the oxygen in the air or with
the oxygen yielded by an oxidizer to produce combustion.
(20) The term "motor vehicle" shall be held to mean and
include any self-propelled automobile, truck, tractor, semitrailer or full trailer, or other conveyance used for the transportation of freight.
(21) The term "natural barricade" shall be held to mean
and include any natural hill, mound, wall, or barrier composed of earth or rock or other solid material of a minimum
thickness of not less than three feet.
(22) The term "oxidizer" shall be held to mean a substance that yields oxygen readily to stimulate the combustion
of organic matter or other fuel.
(23) The term "propellant-actuated power device" shall
be held to mean and include any tool or special mechanized
device or gas generator system which is actuated by a propellant or which releases and directs work through a propellant
charge.
(24) The term "public conveyance" shall be held to mean
and include any railroad car, streetcar, ferry, cab, bus, airplane, or other vehicle which is carrying passengers for hire.
(25) The term "public utility transmission system" shall
mean power transmission lines over 10 KV, telephone cables,
or microwave transmission systems, or buried or exposed
pipelines carrying water, natural gas, petroleum, or crude oil,
or refined products and chemicals, whose services are regulated by the utilities and transportation commission, municipal, or other publicly owned systems.
[Title 70 RCW—page 126]
(26) The term "purchaser" shall be held to mean any person who buys, accepts, or receives any explosives or blasting
agents.
(27) The term "pyrotechnic" shall be held to mean and
include any combustible or explosive compositions or manufactured articles designed and prepared for the purpose of
producing audible or visible effects which are commonly
referred to as fireworks as defined in chapter 70.77 RCW.
(28) The term "small arms ammunition" shall be held to
mean and include any shotgun, rifle, pistol, or revolver cartridge, and cartridges for propellant-actuated power devices
and industrial guns. Military-type ammunition containing
explosive bursting charges, incendiary, tracer, spotting, or
pyrotechnic projectiles is excluded from this definition.
(29) The term "small arms ammunition primers" shall be
held to mean small percussion-sensitive explosive charges
encased in a cup, used to ignite propellant powder and shall
include percussion caps as used in muzzle loaders.
(30) The term "smokeless powder" shall be held to mean
and include solid chemicals or solid chemical mixtures in
excess of fifty pounds which function by rapid combustion.
(31) The term "user" shall be held to mean and include
any natural person, manufacturer, or blaster who acquires,
purchases, or uses explosives as an ultimate consumer or who
supervises such use.
Words used in the singular number shall include the plural, and the plural the singular. [2002 c 370 § 1; 1993 c 293
§ 1; 1972 ex.s. c 88 § 5; 1970 ex.s. c 72 § 1; 1969 ex.s. c 137
§ 3; 1931 c 111 § 1; RRS § 5440-1.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—1993 c 293: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 293 § 11.]
Severability—1931 c 111: "In case any provision of this act shall be
adjudged unconstitutional, or void for any other reason, such adjudication
shall not affect any of the other provisions of this act." [1931 c 111 § 19.]
70.74.020
70.74.020 Restrictions on manufacture, sale, or storage—Users—Reports on storage—Waiver. (1) No person
shall manufacture, possess, store, sell, purchase, transport, or
use explosives or blasting agents except in compliance with
this chapter.
(2) The director of the department of labor and industries
shall make and promulgate rules and regulations concerning
qualifications of users of explosives and shall have the
authority to issue licenses for users of explosives to effectuate the purpose of this chapter: PROVIDED, That where
there is a finding by the director that the use or disposition of
explosives in any class of industry presents no unusual hazard to the safety of life or limb of persons employed therewith, and where the users are supervised by a superior in an
employment relationship who is sufficiently experienced in
the use of explosives, and who possesses a license for such
use under this chapter, the director in his discretion may
exclude said users in those classes of industry from individual licensing.
(3) The director of the department of labor and industries
shall make and promulgate rules and regulations concerning
the manufacture, sale, purchase, use, transportation, storage,
and disposal of explosives, and shall have the authority to
(2006 Ed.)
Washington State Explosives Act
issue licenses for the manufacture, purchase, sale, use, transportation, and storage of explosives to effectuate the purpose
of this chapter. The director of the department of labor and
industries is hereby delegated the authority to grant written
waiver of this chapter whenever it can be shown that the manufacturing, handling, or storing of explosives are in compliance with applicable national or federal explosive safety standards: PROVIDED, That any resident of this state who is
qualified to purchase explosives in this state and who has
complied with the provisions of this chapter applicable to
him may purchase explosives from an authorized dealer of a
bordering state and may transport said explosives into this
state for use herein: PROVIDED FURTHER, That residents
of this state shall, within ten days of the date of purchase,
present to the department of labor and industries a report
signed by both vendor and vendee of every purchase from an
out of state dealer, said report indicating the date of purchase,
name of vendor, vendor’s license number, vendor’s business
address, amount and kind of explosives purchased, the name
of the purchaser, the purchaser’s license number, and the
name of receiver if different than purchaser.
(4) It shall be unlawful to sell, give away or otherwise
dispose of, or deliver to any person under twenty-one years of
age any explosives including black powder, and blasting caps
or other explosive igniters, whether said person is acting for
himself or for any other person: PROVIDED, That small
arms ammunition and handloader components shall not be
considered explosives for the purposes of this section: PROVIDED FURTHER, That if there is a finding by the director
that said use or disposition of explosives poses no unusual
hazard to the safety of life or limb in any class of industry,
where persons eighteen years of age or older are employed as
users, and where said persons are adequately trained and adequately supervised by a superior in an employment relationship who is sufficiently experienced in the use of explosives,
and who possesses a valid license for such use under this
chapter, the director in his discretion may exclude said persons in that class of industry from said minimum age requirement.
(5) All persons engaged in keeping, using, or storing any
compound, mixture, or material, in wet condition, or otherwise, which upon drying out or undergoing other physical
changes, may become an explosive within the definition of
RCW 70.74.010, shall report in writing subscribed to by such
person or his agent, to the department of labor and industries,
report blanks to be furnished by such department, and such
reports to require:
(a) The kind of compound, mixture, or material kept or
stored, and maximum quantity thereof;
(b) Condition or state of compound, mixture, or material;
(c) Place where kept or stored.
The department of labor and industries may at any time
cause an inspection to be made to determine whether the condition of the compound, mixture, or material is as reported.
[1982 c 111 § 1; 1972 ex.s. c 88 § 6; 1969 ex.s. c 137 § 4;
1967 c 99 § 1; 1931 c 111 § 2; RRS § 5440-2.]
70.74.022 License required to manufacture, purchase, sell, use, possess, transport, or store explosives—
Penalty—Surrender of explosives by unlicensed person—
Other relief. (1) It is unlawful for any person to manufac70.74.022
(2006 Ed.)
70.74.050
ture, purchase, sell, offer for sale, use, possess, transport, or
store any explosive, improvised device, or components that
are intended to be assembled into an explosive or improvised
device without having a validly issued license from the
department of labor and industries, which license has not
been revoked or suspended. Violation of this section is a class
C felony.
(2) Upon notice from the department of labor and industries or any law enforcement agency having jurisdiction, a
person manufacturing, purchasing, selling, offering for sale,
using, possessing, transporting, or storing any explosive,
improvised device, or components of explosives or improvised devices without a license shall immediately surrender
those explosives, improvised devices, or components to the
department or to the respective law enforcement agency.
(3) At any time that the director of labor and industries
requests the surrender of explosives, improvised devices, or
components of explosives or improvised devices, from any
person pursuant to subsection (2) of this section, the director
may in addition request the attorney general to make application to the superior court of the county in which the unlawful
practice exists for a temporary restraining order or such other
relief as appears to be appropriate under the circumstances.
[1993 c 293 § 2; 1988 c 198 § 10.]
Severability—1993 c 293: See note following RCW 70.74.010.
70.74.025
70.74.025 Magazines—Classification, location and
construction—Standards—Use. The director of the department of labor and industries shall establish by rule or regulation requirements for classification, location and construction
of magazines for storage of explosives in compliance with
accepted applicable explosive safety standards. All explosives shall be kept in magazines which meet the requirements
of this chapter. [1969 ex.s. c 137 § 9.]
70.74.030
70.74.030 Quantity and distance tables for storage—
Adoption by rule. All explosive manufacturing buildings
and magazines in which explosives or blasting agents except
small arms ammunition and smokeless powder are had, kept,
or stored, must be located at distances from inhabited buildings, railroads, highways, and public utility transmission systems in conformity with the quantity and distance tables
adopted by the department of labor and industries by rule.
The department of labor and industries shall adopt the quantity and distance tables promulgated by the federal bureau of
alcohol, tobacco, and firearms unless the department determines the tables to be inappropriate. The tables shall be the
basis on which applications for storage license[s] are made
and storage licenses issued as provided in RCW 70.74.110
and 70.74.120. [1988 c 198 § 1; 1972 ex.s. c 88 § 7; 1969
ex.s. c 137 § 10; 1931 c 111 § 5; RRS § 5440-5.]
70.74.040
70.74.040 Limit on storage quantity. No quantity in
excess of three hundred thousand pounds, or the equivalent in
blasting caps shall be had, kept or stored in any factory building or magazine in this state. [1970 ex.s. c 72 § 2; 1931 c 111
§ 4; RRS § 5440-4.]
70.74.050
70.74.050 Quantity and distance table for explosives
manufacturing buildings. All explosives manufacturing
[Title 70 RCW—page 127]
70.74.061
Title 70 RCW: Public Health and Safety
buildings shall be located one from the other and from other
buildings on explosives manufacturing plants in which persons are regularly employed, and all magazines shall be
located from factory buildings and buildings on explosives
plants in which persons are regularly employed, in conformity with the intraexplosives plant quantity and distance
table below set forth:
150,000
175,000
200,000
225,000
175,000
200,000
225,000
250,000
1,000
1,050
1,100
1,150
[1972 ex.s. c 88 § 8; 1931 c 111 § 5; RRS § 5440-5.]
70.74.061 Quantity and distance tables for separation between magazines—Adoption by rule. Magazines
containing blasting caps and electric blasting caps shall be
separated from other magazines containing like contents, or
from magazines containing explosives by distances set in the
quantity and distance tables adopted by the department of
labor and industries by rule. The department of labor and
industries shall adopt the quantity and distance tables promulgated by the federal bureau of alcohol, tobacco, and firearms unless the department determines the tables to be inappropriate. The tables shall be the basis on which applications
for storage license[s] are made and storage licenses issued as
provided in RCW 70.74.110 and 70.74.120. [1988 c 198 § 2;
1969 ex.s. c 137 § 11.]
70.74.061
EXPLOSIVES
Pounds
Pounds
Over
Not Over
Distance
Feet
Separate
Building or
Within
Substantial
Dividing Walls
....
10
25
50
100
200
300
400
500
750
1,000
1,500
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,500
15,000
17,500
20,000
25,000
30,000
35,000
40,000
45,000
50,000
55,000
60,000
65,000
70,000
75,000
80,000
85,000
90,000
95,000
100,000
125,000
[Title 70 RCW—page 128]
10
25
50
100
200
300
400
500
750
1,000
1,500
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,500
15,000
17,500
20,000
25,000
30,000
35,000
40,000
45,000
50,000
55,000
60,000
65,000
70,000
75,000
80,000
85,000
90,000
95,000
100,000
125,000
150,000
40
60
80
100
120
130
140
160
180
210
230
260
280
300
320
340
360
380
400
420
450
470
490
530
560
590
620
640
660
680
700
720
740
770
780
790
800
820
830
900
950
70.74.100 Storage of caps with explosives prohibited.
No blasting caps, or other detonating or fulminating caps, or
detonators, or flame-producing devices shall be kept or stored
in any magazine in which other explosives are kept or stored.
[1969 ex.s. c 137 § 12; 1931 c 111 § 10; RRS § 5440-10.]
70.74.100
70.74.110
70.74.110 Manufacturer’s report—Inspection—
License. All persons engaged in the manufacture of explosives, or any process involving explosives, or where explosives are used as a component part in the manufacture of any
article or device, on August 11, 1969, shall within sixty days
thereafter, and all persons engaging in the manufacture of
explosives, or any process involving explosives, or where
explosives are used as a component part in the manufacture
of any article or device after August 11, 1969, shall, before so
engaging, make an application in writing, subscribed to by
such person or his agent, to the department of labor and
industries, the application stating:
(1) Location of place of manufacture or processing;
(2) Kind of explosives manufactured, processed or used;
(3) The distance that such explosives manufacturing
building is located or intended to be located from the other
factory buildings, magazines, inhabited buildings, railroads
and highways and public utility transmission systems;
(4) The name and address of the applicant;
(5) The reason for desiring to manufacture explosives;
(6) The applicant’s citizenship, if the applicant is an individual;
(7) If the applicant is a partnership, the names and
addresses of the partners, and their citizenship;
(8) If the applicant is an association or corporation, the
names and addresses of the officers and directors thereof, and
their citizenship; and
(9) Such other pertinent information as the director of
labor and industries shall require to effectuate the purpose of
this chapter.
There shall be kept in the main office on the premises of
each explosives manufacturing plant a plan of said plant
showing the location of all explosives manufacturing build(2006 Ed.)
Washington State Explosives Act
ings and the distance they are located from other factory
buildings where persons are employed and from magazines,
and these plans shall at all times be open to inspection by duly
authorized inspectors of the department of labor and industries. The superintendent of each plant shall upon demand of
said inspector furnish the following information:
(a) The maximum amount and kind of explosive material
which is or will be present in each building at one time.
(b) The nature and kind of work carried on in each building and whether or not said buildings are surrounded by natural or artificial barricades.
Except as provided in RCW 70.74.370, the department
of labor and industries shall as soon as possible after receiving such application cause an inspection to be made of the
explosives manufacturing plant, and if found to be in accordance with RCW 70.74.030 and 70.74.050 and 70.74.061,
such department shall issue a license to the person applying
therefor showing compliance with the provisions of this
chapter if the applicant demonstrates that either the applicant
or the officers, agents or employees of the applicant are sufficiently experienced in the manufacture of explosives and the
applicant meets the qualifications for a license under RCW
70.74.360. Such license shall continue in full force and effect
until expired, suspended, or revoked by the department pursuant to this chapter. [1997 c 58 § 870; 1988 c 198 § 5; 1969
ex.s. c 137 § 13; 1941 c 101 § 1; 1931 c 111 § 11; Rem. Supp.
1941 § 5440-1.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
70.74.120
70.74.120 Storage report—Inspection—License—
Cancellation. All persons engaged in keeping or storing and
all persons having in their possession explosives on August
11, 1969, shall within sixty days thereafter, and all persons
engaging in keeping or storing explosives or coming into
possession thereof after August 11, 1969, shall before engaging in the keeping or storing of explosives or taking possession thereof, make an application in writing subscribed to by
such person or his agent, to the department of labor and
industries stating:
(1) The location of the magazine, if any, if then existing,
or in case of a new magazine, the proposed location of such
magazine;
(2) The kind of explosives that are kept or stored or possessed or intended to be kept or stored or possessed and the
maximum quantity that is intended to be kept or stored or
possessed thereat;
(3) The distance that such magazine is located or
intended to be located from other magazines, inhabited buildings, explosives manufacturing buildings, railroads, highways and public utility transmission systems;
(4) The name and address of the applicant;
(5) The reason for desiring to store or possess explosives;
(6) The citizenship of the applicant if the applicant is an
individual;
(2006 Ed.)
70.74.120
(7) If the applicant is a partnership, the names and
addresses of the partners and their citizenship;
(8) If the applicant is an association or corporation, the
names and addresses of the officers and directors thereof and
their citizenship;
(9) And such other pertinent information as the director
of the department of labor and industries shall require to
effectuate the purpose of this chapter.
The department of labor and industries shall, as soon as
may be after receiving such application, cause an inspection
to be made of the magazine, if then constructed, and, in the
case of a new magazine, as soon as may be after same is
found to be constructed in accordance with the specification
provided in RCW 70.74.025, such department shall determine the amount of explosives that may be kept and stored in
such magazine by reference to the quantity and distance
tables specified in or adopted under this chapter and shall
issue a license to the person applying therefor if the applicant
demonstrates that either the applicant or the officers, agents,
or employees of the applicant are sufficiently experienced in
the handling of explosives and possess suitable storage facilities therefor, and that the applicant meets the qualifications
for a license under RCW 70.74.360. Said license shall set
forth the maximum quantity of explosives that may be had,
kept or stored by said person. Such license shall be valid until
canceled for one or more of the causes hereinafter provided.
Whenever by reason of change in the physical conditions surrounding said magazine at the time of the issuance of the
license therefor, such as:
(a) The erection of buildings nearer said magazine;
(b) The construction of railroads nearer said magazine;
(c) The opening for public travel of highways nearer said
magazine; or
(d) The construction of public utilities transmission systems near said magazine; then the amounts of explosives
which may be lawfully had, kept or stored in said magazine
must be reduced to conform to such changed conditions in
accordance with the quantity and distance table notwithstanding the license, and the department of labor and industries
shall modify or cancel such license in accordance with the
changed conditions. Whenever any person to whom a license
has been issued, keeps or stores in the magazine or has in his
possession, any quantity of explosives in excess of the maximum amount set forth in said license, or whenever any person fails for thirty days to pay the annual license fee hereinafter provided after the same becomes due, the department is
authorized to cancel such license. Whenever a license is canceled by the department for any cause herein specified, the
department shall notify the person to whom such license is
issued of the fact of such cancellation and shall in said notice
direct the removal of all explosives stored in said magazine
within ten days from the giving of said notice, or, if the cause
of cancellation be the failure to pay the annual license fee, or
the fact that explosives are kept for an unlawful purpose, the
department of labor and industries shall order such person to
dispossess himself of said explosives within ten days from
the giving of said notice. Failure to remove the explosives
stored in said magazine or to dispossess oneself of the explosives as herein provided within the time specified in said
notice shall constitute a violation of this chapter. [1988 c 198
[Title 70 RCW—page 129]
70.74.130
Title 70 RCW: Public Health and Safety
§ 6; 1969 ex.s. c 137 § 14; 1941 c 101 § 2; 1931 c 111 § 12;
Rem. Supp. 1941 § 5440-12.]
70.74.130
70.74.130 Dealer in explosives—Application—
License. Every person desiring to engage in the business of
dealing in explosives shall apply to the department of labor
and industries for a license therefor. Said application shall
state, among other things:
(1) The name and address of applicant;
(2) The reason for desiring to engage in the business of
dealing in explosives;
(3) Citizenship, if an individual applicant;
(4) If a partnership, the names and addresses of the partners and their citizenship;
(5) If an association or corporation, the names and
addresses of the officers and directors thereof and their citizenship; and
(6) Such other pertinent information as the director of
labor and industries shall require to effectuate the purpose of
this chapter.
Except as provided in RCW 70.74.370, the department
of labor and industries shall issue the license if the applicant
demonstrates that either the applicant or the principal officers, agents, or employees of the applicant are experienced in
the business of dealing in explosives, possess suitable facilities therefor, have not been convicted of any crime that would
warrant revocation or nonrenewal of a license under this
chapter, and have never had an explosives-related license
revoked under this chapter or under similar provisions of any
other state. [1997 c 58 § 871; 1988 c 198 § 7; 1969 ex.s. c
137 § 16; 1941 c 101 § 3; Rem. Supp. 1941 § 5440-12a.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
70.74.135
70.74.135 Purchaser of explosives—Application—
License. All persons desiring to purchase explosives except
handloader components shall apply to the department of
labor and industries for a license. Said application shall state,
among other things:
(1) The location where explosives are to be used;
(2) The kind and amount of explosives to be used;
(3) The name and address of the applicant;
(4) The reason for desiring to use explosives;
(5) The citizenship of the applicant if the applicant is an
individual;
(6) If the applicant is a partnership, the names and
addresses of the partners and their citizenship;
(7) If the applicant is an association or corporation, the
names and addresses of the officers and directors thereof and
their citizenship; and
(8) Such other pertinent information as the director of the
department of labor and industries shall require to effectuate
the purpose of this chapter.
The department of labor and industries shall issue the
license if the applicant demonstrates that either the applicant
or the officers, agents or employees of the applicant are sufficiently experienced in the use of explosives to authorize a
[Title 70 RCW—page 130]
purchase license. However, no purchaser’s license may be
issued to any person who cannot document proof of possession or right to use approved and licensed storage facilities
unless the person signs a statement certifying that explosives
will not be stored. [1988 c 198 § 8; 1971 ex.s. c 302 § 7; 1970
ex.s. c 72 § 3; 1969 ex.s. c 137 § 18.]
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
70.74.137
70.74.137 Purchaser’s license fee. Every person
applying for a purchaser’s license, or renewal thereof, shall
pay an annual license fee of five dollars. The director of labor
and industries may adjust the amount of the license fee to
reflect the administrative costs of the department. The fee
shall not exceed fifteen dollars.
Said license fee shall accompany the application and
shall be transmitted by the department to the state treasurer:
PROVIDED, That if the applicant is denied a purchaser’s
license the license fee shall be returned to said applicant by
registered mail. [1988 c 198 § 12; 1972 ex.s. c 88 § 2.]
70.74.140
70.74.140 Storage license fee. Every person engaging
in the business of keeping or storing of explosives shall pay
an annual license fee for each magazine maintained, to be
graduated by the department of labor and industries according to the quantity kept or stored therein, of ten dollars. The
director of labor and industries may adjust the amount of the
license fee to reflect the administrative costs of the department. The fee shall not exceed one hundred dollars.
Said license fee shall accompany the application and
shall be transmitted by the department to the state treasurer.
[1988 c 198 § 13; 1969 ex.s. c 137 § 15; 1931 c 111 § 13;
RRS § 5440-13.]
70.74.142
70.74.142 User’s license or renewal—Fee. Every person applying for a user’s license, or renewal thereof, under
this chapter shall pay an annual license fee of five dollars.
The director of labor and industries may adjust the amount of
the license fee to reflect the administrative costs of the
department. The fee shall not exceed fifteen dollars.
Said license fee shall accompany the application, and be
turned over by the department to the state treasurer: PROVIDED, That if the applicant is denied a user’s license the
license fee shall be returned to said applicant by registered
mail. [1988 c 198 § 14; 1972 ex.s. c 88 § 1.]
70.74.144
70.74.144 Manufacturer’s license fee—Manufacturers to comply with dealer requirements when selling.
Every person engaged in the business of manufacturing
explosives shall pay an annual license fee of twenty-five dollars. The director of labor and industries may adjust the
amount of the license fee to reflect the administrative costs of
the department. The fee shall not exceed fifty dollars.
Businesses licensed to manufacture explosives are not
required to have a dealer’s license, but must comply with all
of the dealer requirements of this chapter when they sell
explosives.
The license fee shall accompany the application and
shall be transmitted by the department to the state treasurer.
[1988 c 198 § 15.]
(2006 Ed.)
Washington State Explosives Act
70.74.146
70.74.146 Seller’s license fee—Sellers to comply with
dealer requirements. Every person engaged in the business
of selling explosives shall pay an annual license fee of
twenty-five dollars. The director of labor and industries may
adjust the amount of the license fee to reflect the administrative costs of the department. The fee shall not exceed fifty
dollars.
Businesses licensed to sell explosives must comply with
all of the dealer requirements of this chapter.
The license fee shall accompany the application and
shall be transmitted by the department to the state treasurer.
[1988 c 198 § 16.]
70.74.150
70.74.150 Annual inspection. The department of labor
and industries shall make, or cause to be made, at least one
inspection during every year, of each licensed explosives
plant or magazine. [1931 c 111 § 14; RRS § 5440-14.]
70.74.160
70.74.160 Unlawful access to explosives. No person,
except the director of labor and industries or the director’s
authorized agent, the owner, the owner’s agent, or a person
authorized to enter by the owner or owner’s agent, or a law
enforcement officer acting within his or her official capacity,
may enter any explosives manufacturing building, magazine
or car, vehicle or other common carrier containing explosives
in this state. Violation of this section is a gross misdemeanor
punishable under chapter 9A.20 RCW. [1993 c 293 § 3; 1969
ex.s. c 137 § 19; 1931 c 111 § 15; RRS § 5440-15.]
Severability—1993 c 293: See note following RCW 70.74.010.
70.74.170
70.74.170 Discharge of firearms or igniting flame
near explosives. No person shall discharge any firearms at
or against any magazine or explosives manufacturing buildings or ignite any flame or flame-producing device nearer
than two hundred feet from said magazine or explosives manufacturing building. [1969 ex.s. c 137 § 20; 1931 c 111 § 16;
RRS § 5440-16.]
70.74.180
70.74.180 Explosive devices prohibited—Penalty.
Any person who has in his or her possession or control any
shell, bomb, or similar device, charged or filled with one or
more explosives, intending to use it or cause it to be used for
an unlawful purpose, is guilty of a class A felony, and upon
conviction shall be punished by imprisonment in a state
prison for a term of not more than twenty years. [2003 c 53 §
354; 1984 c 55 § 1; 1969 ex.s. c 137 § 21; 1931 c 111 § 18;
RRS § 5440-18.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.74.191
70.74.191 Exemptions. The laws contained in this
chapter and regulations prescribed by the department of labor
and industries pursuant to this chapter shall not apply to:
(1) Explosives or blasting agents in the course of transportation by way of railroad, water, highway, or air under the
jurisdiction of, and in conformity with, regulations adopted
by the federal department of transportation, the Washington
state utilities and transportation commission, and the Washington state patrol;
(2006 Ed.)
70.74.201
(2) The laboratories of schools, colleges, and similar
institutions if confined to the purpose of instruction or
research and if not exceeding the quantity of one pound;
(3) Explosives in the forms prescribed by the official
United States Pharmacopoeia;
(4) The transportation, storage, and use of explosives or
blasting agents in the normal and emergency operations of
United States agencies and departments including the regular
United States military departments on military reservations;
arsenals, navy yards, depots, or other establishments owned
by, operated by, or on behalf of, the United States; or the duly
authorized militia of any state; or to emergency operations of
any state department or agency, any police, or any municipality or county;
(5) A hazardous devices technician when carrying out
normal and emergency operations, handling evidence, and
operating and maintaining a specially designed emergency
response vehicle that carries no more than ten pounds of
explosive material or when conducting training and whose
employer possesses the minimum safety equipment prescribed by the federal bureau of investigation for hazardous
devices work. For purposes of this section, a hazardous
devices technician is a person who is a graduate of the federal
bureau of investigation hazardous devices school and who is
employed by a state, county, or municipality;
(6) The importation, sale, possession, and use of fireworks as defined in chapter 70.77 RCW, signaling devices,
flares, fuses, and torpedoes;
(7) The transportation, storage, and use of explosives or
blasting agents in the normal and emergency avalanche control procedures as conducted by trained and licensed ski area
operator personnel. However, the storage, transportation, and
use of explosives and blasting agents for such use shall meet
the requirements of regulations adopted by the director of
labor and industries;
(8) The storage of consumer fireworks as defined in
chapter 70.77 RCW pursuant to a forfeiture or seizure under
chapter 70.77 RCW by the chief of the Washington state
patrol, through the director of fire protection, or his or her
deputy, or by state agencies or local governments having general law enforcement authority; and
(9) Any violation under this chapter if any existing ordinance of any city, municipality, or county is more stringent
than this chapter. [2002 c 370 § 2; 1998 c 40 § 1; 1993 c 293
§ 5; 1985 c 191 § 2; 1969 ex.s. c 137 § 5.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—1993 c 293: See note following RCW 70.74.010.
Purpose—1985 c 191: "It is the purpose of this 1985 act to protect the
public by enabling ski area operators to exercise appropriate avalanche control measures. The legislature finds that avalanche control is of vital importance to safety in ski areas and that the provisions of the Washington state
explosives act contain restrictions which do not reflect special needs for the
use of explosives as a means of clearing an area of serious avalanche risks.
This 1985 act recognizes these needs while providing for a system of regulations designed to ensure that the use of explosives for avalanche control conforms to fundamental safety requirements." [1985 c 191 § 1.]
70.74.201
70.74.201 Municipal or county ordinances unaffected—State preemption. This chapter shall not affect,
modify or limit the power of a city, municipality or county in
this state to make an ordinance that is more stringent than this
chapter which is applicable within their respective corporate
[Title 70 RCW—page 131]
70.74.210
Title 70 RCW: Public Health and Safety
limits or boundaries: PROVIDED, That the state shall be
deemed to have preempted the field of regulation of small
arms ammunition and handloader components. [1970 ex.s. c
72 § 5; 1969 ex.s. c 137 § 6.]
70.74.210
70.74.210 Coal mining code unaffected. All acts and
parts of acts inconsistent with this act are hereby repealed:
PROVIDED, HOWEVER, That nothing in this act shall be
construed as amending, limiting, or repealing any provision
of chapter 36, session laws of 1917, known as the coal mining
code. [1931 c 111 § 22; RRS § 5440-22.]
70.74.230
70.74.230 Shipments out of state—Dealer’s records.
If any manufacturer of explosives or dealer therein shall have
shipped any explosives into another state, and the laws of
such other state shall designate an officer or agency to regulate the possession, receipt or storage of explosives, and such
officer or agency shall so require, such manufacturer shall, at
least once each calendar month, file with such officer or
agency of such other state a report giving the names of all
purchasers and the amount and description of all explosives
sold or delivered in such other state. Dealers in explosives
shall keep a record of all explosives purchased or sold by
them, which record shall include the name and address of
each vendor and vendee, the date of each sale or purchase,
and the amount and kind of explosives sold or purchased.
Such records shall be open for inspection by the duly authorized agents of the department of labor and industries and by
all federal, state and local law enforcement officers at all
times, and a copy of such record shall be furnished once each
calendar month to the department of labor and industries in
such form as said department shall prescribe. [1941 c 101 §
4; Rem. Supp. 1941 § 5440-23.]
70.74.240
70.74.240 Sale to unlicensed person prohibited. No
dealer shall sell, barter, give or dispose of explosives to any
person who does not hold a license to purchase explosives
issued under the provisions of this chapter. [1970 ex.s. c 72
§ 4; 1969 ex.s. c 137 § 17; 1941 c 101 § 5; Rem. Supp. 1941
§ 5440-24.]
70.74.250
70.74.250 Blasting near fur farms and hatcheries.
Between the dates of January 15th and June 15th of each year
it shall be unlawful for any person to do, or cause to be done,
any blasting within fifteen hundred feet from any fur farm or
commercial hatchery except in case of emergency without
first giving to the person in charge of such farm or hatchery
twenty-four hours notice: PROVIDED, HOWEVER, That in
the case of an established quarry and sand and gravel operations, and where it is necessary for blasting to be done continually, the notice required in this section may be made at the
beginning of the period each year when blasting is to be done.
[1941 c 107 § 1; Rem. Supp. 1941 § 5440-25.]
circumstances as to destroy or injure it if exploded is guilty
of:
(1) Malicious placement of an explosive in the first
degree if the offense is committed with intent to commit a terrorist act. Malicious placement of an explosive in the first
degree is a class A felony;
(2) Malicious placement of an explosive in the second
degree if the offense is committed under circumstances not
amounting to malicious placement of an explosive in the first
degree and if the circumstances and surroundings are such
that the safety of any person might be endangered by the
explosion. Malicious placement of an explosive in the second
degree is a class B felony;
(3) Malicious placement of an explosive in the third
degree if the offense is committed under circumstances not
amounting to malicious placement of an explosive in the first
or second degree. Malicious placement of an explosive in the
third degree is a class B felony. [1997 c 120 § 1; 1993 c 293
§ 6; 1992 c 7 § 49; 1984 c 55 § 2; 1971 ex.s. c 302 § 8; 1969
ex.s. c 137 § 23; 1909 c 249 § 400; RRS § 2652.]
Severability—1993 c 293: See note following RCW 70.74.010.
70.74.272
70.74.272 Malicious placement of an imitation
device—Penalties. (1) A person who maliciously places any
imitation device in, upon, under, against, or near any building, car, vessel, railroad track, airplane, public utility transmission system, or structure, with the intent to give the
appearance or impression that the imitation device is an
explosive or improvised device, is guilty of:
(a) Malicious placement of an imitation device in the
first degree if the offense is committed with intent to commit
a terrorist act. Malicious placement of an imitation device in
the first degree is a class B felony;
(b) Malicious placement of an imitation device in the
second degree if the offense is committed under circumstances not amounting to malicious placement of an imitation
device in the first degree. Malicious placement of an imitation device in the second degree is a class C felony.
(2) For purposes of this section, "imitation device"
means a device or substance that is not an explosive or improvised device, but which by appearance or representation
would lead a reasonable person to believe that the device or
substance is an explosive or improvised device. [1997 c 120
§ 2.]
70.74.275
70.74.275 Intimidation or harassment with an explosive—Class C felony. Unless otherwise allowed to do so
under this chapter, a person who exhibits a device designed,
assembled, fabricated, or manufactured, to convey the
appearance of an explosive or improvised device, and who
intends to, and does, intimidate or harass a person, is guilty of
a class C felony. [1993 c 293 § 4.]
Severability—1993 c 293: See note following RCW 70.74.010.
70.74.280
70.74.270
70.74.270 Malicious placement of an explosive—Penalties. A person who maliciously places any explosive or
improvised device in, upon, under, against, or near any building, car, vessel, railroad track, airplane, public utility transmission system, or structure, in such manner or under such
[Title 70 RCW—page 132]
70.74.280 Malicious explosion of a substance—Penalties. A person who maliciously, by the explosion of gunpowder or any other explosive substance or material, destroy
or damage any building, car, airplane, vessel, common carrier, railroad track, or public utility transmission system or
structure is guilty of:
(2006 Ed.)
Washington State Explosives Act
(1) Malicious explosion of a substance in the first degree
if the offense is committed with intent to commit a terrorist
act. Malicious explosion of a substance in the first degree is a
class A felony;
(2) Malicious explosion of a substance in the second
degree if the offense is committed under circumstances not
amounting to malicious explosion of a substance in the first
degree and if thereby the life or safety of a human being is
endangered. Malicious explosion of a substance in the second
degree is a class A felony;
(3) Malicious explosion of a substance in the third
degree if the offense is committed under circumstances not
amounting to malicious explosion of a substance in the first
or second degree. Malicious explosion of a substance in the
third degree is a class B felony. [1997 c 120 § 3; 1992 c 7 §
50; 1971 ex.s. c 302 § 9; 1969 ex.s. c 137 § 24; 1909 c 249 §
401; RRS § 2653.]
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
70.74.340
possession for the purpose of, and with the intent of depositing, leaving, placing, spraying, scattering, spreading or
throwing, in any building or place, or of counseling, aiding,
assisting, encouraging, inciting or directing any other person
or persons to deposit, leave, place, spray, scatter, spread or
throw, any stink bomb, stink paint, tear bomb, tear shell,
explosive or flame-producing device, or any other device,
material, chemical or substance, which, when exploded or
opened, or without such exploding or opening, by reason of
its offensive and pungent odor, does or will annoy, injure,
endanger or inconvenience any person or persons, shall be
guilty of a gross misdemeanor: PROVIDED, That this section shall not apply to persons in the military service, actually
engaged in the performance of military duties, pursuant to
orders from competent authority nor to any property owner or
person acting under his authority in providing protection
against the commission of a felony. [1969 ex.s. c 137 § 27;
1927 c 245 § 1; RRS § 2504-1.]
70.74.320
70.74.285
70.74.285 "Terrorist act" defined. For the purposes of
RCW 70.74.270, 70.74.272, and 70.74.280 "terrorist act"
means an act that is intended to: (1) Intimidate or coerce a
civilian population; (2) influence the policy of a branch or
level of government by intimidation or coercion; (3) affect
the conduct of a branch or level of government by intimidation or coercion; or (4) retaliate against a branch or level of
government for a policy or conduct of the government. [1997
c 120 § 4.]
70.74.295
70.74.295 Abandonment of explosives. It shall be
unlawful for any person to abandon explosives or improvised
devices. Violation of this section is a gross misdemeanor
punishable under chapter 9A.20 RCW. [1993 c 293 § 7; 1972
ex.s. c 88 § 3.]
Severability—1993 c 293: See note following RCW 70.74.010.
70.74.297
70.74.297 Separate storage of components capable of
detonation when mixed. Any two components which, when
mixed, become capable of detonation by a No. 6 cap must be
stored in separate locked containers or in a licensed,
approved magazine. [1972 ex.s. c 88 § 4.]
70.74.300
70.74.300 Explosive containers to be marked—Penalty. Every person who shall put up for sale, or who shall
deliver to any warehouseman, dock, depot, or common carrier any package, cask or can containing any explosive, nitroglycerin, dynamite, or powder, without having been properly
labeled thereon to indicate its explosive classification, shall
be guilty of a gross misdemeanor. [1969 ex.s. c 137 § 26;
1909 c 249 § 254; RRS § 2506.]
Reviser’s note: Caption for 1909 c 249 § 254 reads as follows: "Sec.
254. TRANSPORTING EXPLOSIVES."
70.74.310
70.74.310 Gas bombs, explosives, stink bombs, etc.
Any person other than a lawfully constituted peace officer of
this state who shall deposit, leave, place, spray, scatter,
spread or throw in any building, or any place, or who shall
counsel, aid, assist, encourage, incite or direct any other person or persons to deposit, leave, place, spray, scatter, spread
or throw, in any building or place, or who shall have in his
(2006 Ed.)
70.74.320 Small arms ammunition, primers and propellants—Transportation regulations. The federal regulations of the United States department of transportation on the
transportation of small arms ammunition, of small arms
ammunition primers, and of small arms smokeless propellants are hereby adopted in this chapter by reference.
The director of the department of labor and industries
has the authority to issue future regulations in accordance
with amendments and additions to the federal regulations of
the United States department of transportation on the transportation of small arms ammunition, of small arms ammunition primers, and of small arms smokeless propellants. [1969
ex.s. c 137 § 28.]
70.74.330
70.74.330 Small arms ammunition, primers and propellants—Separation from flammable materials. Small
arms ammunition shall be separated from flammable liquids,
flammable solids and oxidizing materials by a fire-resistant
wall of one-hour rating or by a distance of twenty-five feet.
[1969 ex.s. c 137 § 29.]
70.74.340
70.74.340 Small arms ammunition, primers and propellants—Transportation, storage and display requirements. Quantities of small arms smokeless propellant (class
B) in shipping containers approved by the federal department
of transportation not in excess of fifty pounds may be transported in a private vehicle.
Quantities in excess of twenty-five pounds but not to
exceed fifty pounds in a private passenger vehicle shall be
transported in an approved magazine as specified by the
department of labor and industries rules and regulations.
Transportation of quantities in excess of fifty pounds is
prohibited in passenger vehicles: PROVIDED, That this
requirement shall not apply to duly licensed dealers.
Transportation of quantities in excess of fifty pounds
shall be in accordance with federal department of transportation regulations.
Small arms smokeless propellant intended for personal
use in quantities not to exceed twenty-five pounds may be
stored without restriction in residences; quantities over
twenty-five pounds but not to exceed fifty pounds shall be
[Title 70 RCW—page 133]
70.74.350
Title 70 RCW: Public Health and Safety
stored in a strong box or cabinet constructed with threefourths inch plywood (minimum), or equivalent, on all sides,
top, and bottom.
Black powder as used in muzzle loading firearms may be
transported in a private vehicle or stored without restriction
in private residences in quantities not to exceed five pounds.
Not more than seventy-five pounds of small arms
smokeless propellant, in containers of one pound maximum
capacity may be displayed in commercial establishments.
Not more than twenty-five pounds of black powder as
used in muzzle loading firearms may be stored in commercial
establishments of which not more than four pounds in containers of one pound maximum capacity may be displayed.
Quantities in excess of one hundred fifty pounds of
smokeless propellant or twenty-five pounds of black powder
as used in muzzle loading firearms shall be stored in magazines constructed as specified in the rules and regulations for
construction of magazines, and located in compliance with
this chapter.
All small arms smokeless propellant when stored shall
be packed in federal department of transportation approved
containers. [1970 ex.s. c 72 § 6; 1969 ex.s. c 137 § 30.]
70.74.350
70.74.350 Small arms ammunition, primers and propellants—Primers, transportation and storage requirements. Small arms ammunition primers shall not be transported or stored except in the original shipping container
approved by the federal department of transportation.
Truck or rail transportation of small arms ammunition
primers shall be in accordance with the federal regulation of
the United States department of transportation.
No more than twenty-five thousand small arms ammunition primers shall be transported in a private passenger vehicle: PROVIDED, That this requirement shall not apply to
duly licensed dealers.
Quantities not to exceed ten thousand small arms ammunition primers may be stored in a residence.
Small arms ammunition primers shall be separate from
flammable liquids, flammable solids, and oxidizing materials
by a fire-resistant wall of one-hour rating or by a distance of
twenty-five feet.
Not more than seven hundred fifty thousand small arms
ammunition primers shall be stored in any one building
except as next provided; no more than one hundred thousand
shall be stored in any one pile, and piles shall be separated by
at least fifteen feet.
Quantities of small arms ammunition primers in excess
of seven hundred fifty thousand shall be stored in magazines
in accordance with RCW 70.74.025. [1969 ex.s. c 137 § 31.]
70.74.360
70.74.360 Licenses—Fingerprint and criminal
record checks—Fee—Licenses prohibited for certain persons—License fees. (1) The director of labor and industries
shall require, as a condition precedent to the original issuance
or renewal of any explosive license, fingerprinting and criminal history record information checks of every applicant. In
the case of a corporation, fingerprinting and criminal history
record information checks shall be required for the management officials directly responsible for the operations where
explosives are used if such persons have not previously had
[Title 70 RCW—page 134]
their fingerprints recorded with the department of labor and
industries. In the case of a partnership, fingerprinting and
criminal history record information checks shall required of
all general partners. Such fingerprints as are required by the
department of labor and industries shall be submitted on
forms provided by the department to the identification section of the Washington state patrol and to the identification
division of the federal bureau of investigation in order that
these agencies may search their records for prior convictions
of the individuals fingerprinted. The Washington state patrol
shall provide to the director of labor and industries such criminal record information as the director may request. The
applicant shall give full cooperation to the department of
labor and industries and shall assist the department of labor
and industries in all aspects of the fingerprinting and criminal
history record information check. The applicant may be
required to pay a fee not to exceed twenty dollars to the
agency that performs the fingerprinting and criminal history
process.
(2) The director of labor and industries shall not issue a
license to manufacture, purchase, store, use, or deal with
explosives to:
(a) Any person under twenty-one years of age;
(b) Any person whose license is suspended or whose
license has been revoked, except as provided in RCW
70.74.370;
(c) Any person who has been convicted in this state or
elsewhere of a violent offense as defined in RCW 9.94A.030,
perjury, false swearing, or bomb threats or a crime involving
a schedule I or II controlled substance, or any other drug or
alcohol related offense, unless such other drug or alcohol
related offense does not reflect a drug or alcohol dependency.
However, the director of labor and industries may issue a
license if the person suffering a drug or alcohol related
dependency is participating in or has completed an alcohol or
drug recovery program acceptable to the department of labor
and industries and has established control of their alcohol or
drug dependency. The director of labor and industries shall
require the applicant to provide proof of such participation
and control; or
(d) Any person who has previously been adjudged to be
mentally ill or insane, or to be incompetent due to any mental
disability or disease and who has not at the time of application been restored to competency.
(3) The director of labor and industries may establish
reasonable licensing fees for the manufacture, dealing, purchase, use, and storage of explosives. [1988 c 198 § 3.]
70.74.370
70.74.370 License revocation, nonrenewal, or suspension. (1) The department of labor and industries shall
revoke and not renew the license of any person holding a
manufacturer, dealer, purchaser, user, or storage license upon
conviction of any of the following offenses, which conviction
has become final:
(a) A violent offense as defined in RCW 9.94A.030;
(b) A crime involving perjury or false swearing, including the making of a false affidavit or statement under oath to
the department of labor and industries in an application or
report made pursuant to this title;
(c) A crime involving bomb threats;
(2006 Ed.)
Washington State Explosives Act
(d) A crime involving a schedule I or II controlled substance, or any other drug or alcohol related offense, unless
such other drug or alcohol related offense does not reflect a
drug or alcohol dependency. However, the department of
labor and industries may condition renewal of the license to
any convicted person suffering a drug or alcohol dependency
who is participating in an alcoholism or drug recovery program acceptable to the department of labor and industries and
has established control of their alcohol or drug dependency.
The department of labor and industries shall require the licensee to provide proof of such participation and control;
(e) A crime relating to possession, use, transfer, or sale
of explosives under this chapter or any other chapter of the
Revised Code of Washington.
(2) The department of labor and industries shall revoke
the license of any person adjudged to be mentally ill or
insane, or to be incompetent due to any mental disability or
disease. The director shall not renew the license until the person has been restored to competency.
(3) The department of labor and industries is authorized
to suspend, for a period of time not to exceed six months, the
license of any person who has violated this chapter or the
rules promulgated pursuant to this chapter.
(4) The department of labor and industries may revoke
the license of any person who has repeatedly violated this
chapter or the rules promulgated pursuant to this chapter, or
who has twice had his or her license suspended under this
chapter.
(5) The department of labor and industries shall immediately suspend the license or certificate of a person who has
been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in
compliance with a support order or a *residential or visitation
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the department of labor and industries’ receipt of a release issued by the
department of social and health services stating that the licensee is in compliance with the order.
(6) Upon receipt of notification by the department of
labor and industries of revocation or suspension, a licensee
must surrender immediately to the department any or all such
licenses revoked or suspended. [1997 c 58 § 872; 1988 c 198
§ 4.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
70.74.380
70.74.380 Licenses—Expiration—Extension of storage licenses. With the exception of storage licenses for permanent facilities, every license issued under the authority of
this chapter shall expire after one year from the date issued
unless suspended or revoked. The director of labor and indus(2006 Ed.)
70.74.400
tries may extend the duration of storage licenses for permanent facilities to two years provided the location, distances,
and use of the facilities remain unchanged. The fee for the
two-year storage license shall be twice the annual fee. [1988
c 198 § 9.]
70.74.390
70.74.390 Implementation of chapter and rules pursuant to chapter 49.17 RCW. Unless specifically provided
otherwise by statute, this chapter and the rules adopted thereunder shall be implemented and enforced, including penalties, violations, citations, appeals, and other administrative
procedures, pursuant to the Washington industrial safety and
health act, chapter 49.17 RCW. [1988 c 198 § 11.]
70.74.400
70.74.400 Seizure and forfeiture. (1) Explosives,
improvised devices, and components of explosives and
improvised devices that are possessed, manufactured, delivered, imported, exported, stored, sold, purchased, transported, abandoned, detonated, or used, or intended to be used,
in violation of a provision of this chapter are subject to seizure and forfeiture by a law enforcement agency and no property right exists in them.
(2) The law enforcement agency making the seizure shall
notify the Washington state department of labor and industries of the seizure.
(3) Seizure of explosives, improvised devices, and components of explosives and improvised devices under subsection (1) of this section may be made if:
(a) The seizure is incident to arrest or a search under a
search warrant;
(b) The explosives, improvised devices, or components
have been the subject of a prior judgment in favor of the state
in an injunction or forfeiture proceeding based upon this
chapter;
(c) A law enforcement officer has probable cause to
believe that the explosives, improvised devices, or components are directly or indirectly dangerous to health or safety;
or
(d) The law enforcement officer has probable cause to
believe that the explosives, improvised devices, or components were used or were intended to be used in violation of
this chapter.
(4) A law enforcement agency shall destroy explosives
seized under this chapter when it is necessary to protect the
public safety and welfare. When destruction is not necessary
to protect the public safety and welfare, and the explosives
are not being held for evidence, a seizure pursuant to this section commences proceedings for forfeiture.
(5) The law enforcement agency under whose authority
the seizure was made shall issue a written notice of the seizure and commencement of the forfeiture proceedings to the
person from whom the explosives were seized, to any known
owner of the explosives, and to any person who has a known
interest in the explosives. The notice shall be issued within
fifteen days of the seizure. The notice of seizure and commencement of the forfeiture proceedings shall be served in
the same manner as provided in RCW 4.28.080 for service of
a summons. The law enforcement agency shall provide a
form by which the person or persons may request a hearing
before the law enforcement agency to contest the seizure.
[Title 70 RCW—page 135]
70.74.410
Title 70 RCW: Public Health and Safety
(6) If no person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of the explosives, improvised devices, or components within thirty days of the date the notice was issued,
the seized explosives, devices, or components shall be
deemed forfeited.
(7) If, within thirty days of the issuance of the notice, any
person notifies the seizing law enforcement agency in writing
of the person’s claim of ownership or right to possession of
items seized, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement or the officer’s
designee of the seizing agency, except that the person asserting the claim or right may remove the matter to a court of
competent jurisdiction if the aggregate value of the items
seized is more than five hundred dollars. The hearing and any
appeal shall be conducted according to chapter 34.05 RCW.
The seizing law enforcement agency shall bear the burden of
proving that the person (a) has no lawful right of ownership
or possession and (b) that the items seized were possessed,
manufactured, stored, sold, purchased, transported, abandoned, detonated, or used in violation of a provision of this
chapter with the person’s knowledge or consent.
(8) The seizing law enforcement agency shall promptly
return the items seized to the claimant upon a determination
that the claimant is entitled to possession of the items seized.
(9) If the items seized are forfeited under this statute, the
seizing agency shall dispose of the explosives by summary
destruction. However, when explosives are destroyed either
to protect public safety or because the explosives were forfeited, the person from whom the explosives were seized
loses all rights of action against the law enforcement agency
or its employees acting within the scope of their employment,
or other governmental entity or employee involved with the
seizure and destruction of explosives.
(10) This section is not intended to change the seizure
and forfeiture powers, enforcement, and penalties available
to the department of labor and industries pursuant to chapter
49.17 RCW as provided in RCW 70.74.390. [2002 c 370 § 3;
1993 c 293 § 8.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—1993 c 293: See note following RCW 70.74.010.
70.74.410
70.74.410 Reporting theft or loss of explosives. A person who knows of a theft or loss of explosives for which that
person is responsible under this chapter shall report the theft
or loss to the local law enforcement agency within twentyfour hours of discovery of the theft or loss. The local law
enforcement agency shall immediately report the theft or loss
to the department of labor and industries. [1993 c 293 § 9.]
70.75.030
70.75.040
70.75.900
Duties of chief of the Washington state patrol—Notification of
industrial establishments and property owners having equipment.
Sale of nonstandard equipment as misdemeanor—Exceptions.
Severability—1967 c 152.
70.75.010
70.75.010 Standard thread specified—Exceptions.
All equipment for fire protection purposes, other than for forest fire fighting, purchased by state and municipal authorities,
or any other authorities having charge of public property,
shall be equipped with the standard threads designated as the
national standard thread as adopted by the American Insurance Association and defined in its pamphlet No. 194, dated
1963: PROVIDED, That this section shall not apply to
steamer connections on fire hydrants. [1967 c 152 § 1.]
70.75.020
70.75.020 Duties of chief of the Washington state
patrol. The standardization of existing fire protection equipment in this state shall be arranged for and carried out by or
under the direction of the chief of the Washington state
patrol, through the director of fire protection. He or she shall
provide the appliances necessary for carrying on this work,
shall proceed with such standardization as rapidly as possible, and shall require the completion of such work within a
period of five years from June 8, 1967: PROVIDED, That
the chief of the Washington state patrol, through the director
of fire protection, may exempt special purpose fire equipment
and existing fire protection equipment from standardization
when it is established that such equipment is not essential to
the coordination of public fire protection operations. [1995 c
369 § 41; 1986 c 266 § 96; 1967 c 152 § 2.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
State fire protection: Chapter 43.44 RCW.
70.75.030
70.75.030 Duties of chief of the Washington state
patrol—Notification of industrial establishments and
property owners having equipment. The chief of the
Washington state patrol, through the director of fire protection, shall notify industrial establishments and property owners having equipment, which may be necessary for fire
department use in protecting the property or putting out fire,
of any changes necessary to bring their equipment up to the
requirements of the standard established by RCW 70.75.020,
and shall render such assistance as may be available for converting substandard equipment to meet standard specifications and requirements. [1995 c 369 § 42; 1986 c 266 § 97;
1967 c 152 § 3.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.75.040
Severability—1993 c 293: See note following RCW 70.74.010.
Chapter 70.75
Chapter 70.75 RCW
FIRE FIGHTING EQUIPMENT—
STANDARDIZATION
Sections
70.75.010
70.75.020
Standard thread specified—Exceptions.
Duties of chief of the Washington state patrol.
[Title 70 RCW—page 136]
70.75.040 Sale of nonstandard equipment as misdemeanor—Exceptions. Any person who, without approval of
the chief of the Washington state patrol, through the director
of fire protection, sells or offers for sale in Washington any
fire hose, fire engine or other equipment for fire protection
purposes which is fitted or equipped with other than the standard thread is guilty of a misdemeanor: PROVIDED, That
fire equipment for special purposes, research, programs, forest fire fighting, or special features of fire protection equipment found appropriate for uniformity within a particular
(2006 Ed.)
State Fireworks Law
70.77.124
70.77.360
Denial of license for material misrepresentation or if contrary
to public safety or welfare.
Denial of license for failure to meet qualifications or conditions.
Hearing on denial of license.
Revocation of license.
Wholesalers and retailers—Liability insurance requirements.
Retailers—Purchase from licensed wholesalers.
Dates and times consumer fireworks may be sold or discharged—Local governments may limit, prohibit sale or discharge of fireworks.
Sale of certain fireworks prohibited.
Authorized sales of toy caps, tricks, and novelties.
Public displays not to be hazardous.
Supervision of public displays.
Permanent storage permit required—Application—Investigation—Grant or denial—Conditions.
Approved permanent storage facilities required.
Sale of stock after revocation or expiration of license.
Seizure of fireworks.
Seizure of fireworks—Proceedings for forfeiture—Disposal of
confiscated fireworks.
Examination, inspection of books and premises.
Licensees to maintain and make available complete records—
Exemption from public records act.
Reports, payments deemed made when filed or paid or date
mailed.
Prohibited transfers of fireworks.
Unlawful possession of fireworks—Penalties.
Unlawful discharge or use of fireworks—Penalty.
Forestry permit to set off fireworks in forest, brush, fallow, etc.
Unlawful sales or transfers of display fireworks—Penalty.
Unlawful sales or transfers of consumer fireworks—Penalty.
Unlawful transportation of fireworks—Penalty.
Unlawful to permit fire nuisance where fireworks kept—Penalty.
Manufacture or sale of fireworks for out-of-state shipment.
Nonprohibited acts—Signal purposes, forest protection.
Articles pyrotechnic, special effects for entertainment media.
Penalty.
Violation a separate, continuing offense.
Civil enforcement not precluded.
Attorney general may institute civil proceedings—Venue.
Civil penalty—Costs.
Short title.
Local permit and license fees—Limits.
Chief of the Washington state patrol to provide list of consumer fireworks that may be sold to the public.
Retailers to post list of consumer fireworks.
Effective date—1961 c 228.
Severability—1961 c 228.
Severability—1982 c 230.
Severability—1984 c 249.
protection area may be specifically exempted from this
requirement by order of the chief of the Washington state
patrol, through the director of fire protection. [1995 c 369 §
43; 1986 c 266 § 98; 1967 c 152 § 4.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.365
70.77.370
70.77.375
70.77.381
70.77.386
70.77.395
70.75.900
70.75.900 Severability—1967 c 152. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1967 c 152 § 5.]
Chapter 70.77
Chapter 70.77 RCW
STATE FIREWORKS LAW
Sections
70.77.111
70.77.120
70.77.124
70.77.126
70.77.131
70.77.136
70.77.138
70.77.141
70.77.146
70.77.160
70.77.165
70.77.170
70.77.175
70.77.177
70.77.180
70.77.182
70.77.190
70.77.200
70.77.205
70.77.210
70.77.215
70.77.230
70.77.236
70.77.241
70.77.250
70.77.252
70.77.255
70.77.260
70.77.265
70.77.270
70.77.280
70.77.285
70.77.290
70.77.295
70.77.305
70.77.311
70.77.315
70.77.320
70.77.325
70.77.330
70.77.335
70.77.340
70.77.343
70.77.345
70.77.355
(2006 Ed.)
Intent.
Definitions—To govern chapter.
Definitions—"City."
Definitions—"Fireworks."
Definitions—"Display fireworks."
Definitions—"Consumer fireworks."
Definitions—"Articles pyrotechnic."
Definitions—"Agricultural and wildlife fireworks."
Definitions—"Special effects."
Definitions—"Public display of fireworks."
Definitions—"Fire nuisance."
Definitions—"License."
Definitions—"Licensee."
Definitions—"Local fire official."
Definitions—"Permit."
Definitions—"Permittee."
Definitions—"Person."
Definitions—"Importer."
Definitions—"Manufacturer."
Definitions—"Wholesaler."
Definitions—"Retailer."
Definitions—"Pyrotechnic operator."
Definitions—"New fireworks item."
Definitions—"Permanent storage"—"Temporary storage."
Chief of the Washington state patrol to enforce and administer—Powers and duties.
Civil penalty—Notice—Remission, mitigation, review.
Acts prohibited without appropriate licenses and permits—
Minimum age for license or permit—Activities permitted
without license or permit.
Application for permit.
Investigation, report on permit application.
Governing body to grant permits—Statewide standards—Liability insurance.
Public display permit—Investigation—Governing body to
grant—Conditions.
Public display permit—Bond or insurance for liability.
Public display permit—Granted for exclusive purpose.
Public display permit—Amount of bond or insurance.
Chief of the Washington state patrol to issue licenses—Registration of in-state agents.
Exemptions from licensing—Purchase of certain agricultural
and wildlife fireworks by government agencies—Purchase
of consumer fireworks by religious or private organizations.
Application for license.
Application for license to be signed.
Annual application for a license—Dates.
License to engage in particular act to be issued if not contrary
to public safety or welfare—Transportation of fireworks
authorized.
License authorizes activities of sellers, authorized representatives, employees.
Annual license fees.
License fees—Additional.
Duration of licenses and retail fireworks sales permits.
General license for public display—Surety bond or insurance—Filing of license certificate with local permit application.
70.77.401
70.77.405
70.77.410
70.77.415
70.77.420
70.77.425
70.77.430
70.77.435
70.77.440
70.77.450
70.77.455
70.77.460
70.77.480
70.77.485
70.77.488
70.77.495
70.77.510
70.77.515
70.77.517
70.77.520
70.77.525
70.77.530
70.77.535
70.77.540
70.77.545
70.77.547
70.77.548
70.77.549
70.77.550
70.77.555
70.77.575
70.77.580
70.77.900
70.77.910
70.77.911
70.77.912
State building code: Chapter 19.27 RCW.
70.77.111
70.77.111 Intent. The legislature declares that fireworks, when purchased and used in compliance with the laws
of the state of Washington, are legal. The legislature intends
that this chapter is regulatory only, and not prohibitory.
[1995 c 61 § 1.]
Severability—1995 c 61: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1995 c 61 § 32.]
Effective date—1995 c 61: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 17, 1995]." [1995 c 61 § 33.]
70.77.120 Definitions—To govern chapter. The definitions set forth in this chapter shall govern the construction
of this chapter, unless the context otherwise requires. [1961
c 228 § 1.]
70.77.120
70.77.124
70.77.124 Definitions—"City." "City" means any
incorporated city or town. [1995 c 61 § 2; 1994 c 133 § 2.]
[Title 70 RCW—page 137]
70.77.126
Title 70 RCW: Public Health and Safety
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.126 Definitions—"Fireworks." "Fireworks"
means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and which meets the definition of articles pyrotechnic or
consumer fireworks or display fireworks. [2002 c 370 § 4;
1995 c 61 § 3; 1984 c 249 § 1; 1982 c 230 § 1.]
UN0431 or UN0432 by the United States department of
transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002.
[2002 c 370 § 7.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.126
Severability—2002 c 370: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 370 § 50.]
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.131 Definitions—"Display fireworks." "Display fireworks" means large fireworks designed primarily to
produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes
containing more than 2 grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the
limits of explosive materials for classification as "consumer
fireworks" and are classified as fireworks UN0333, UN0334,
or UN0335 by the United States department of transportation
at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and including
fused setpieces containing components which exceed 50 mg
of salute powder. [2002 c 370 § 5; 1995 c 61 § 4; 1984 c 249
§ 2; 1982 c 230 § 2.]
70.77.131
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.136 Definitions—"Consumer fireworks."
"Consumer fireworks" means any small firework device
designed to produce visible effects by combustion and which
must comply with the construction, chemical composition,
and labeling regulations of the United States consumer product safety commission, as set forth in 16 C.F.R. Parts 1500
and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground
devices containing 50 mg or less of explosive materials, and
aerial devices containing 130 mg or less of explosive materials and classified as fireworks UN0336 by the United States
department of transportation at 49 C.F.R. Sec. 172.101 as of
June 13, 2002, and not including fused setpieces containing
components which together exceed 50 mg of salute powder.
[2002 c 370 § 6; 1995 c 61 § 5; 1984 c 249 § 3; 1982 c 230 §
3.]
70.77.136
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.138 Definitions—"Articles pyrotechnic."
"Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use
which meet the weight limits for consumer fireworks but
which are not labeled as such and which are classified as
70.77.138
[Title 70 RCW—page 138]
70.77.141
70.77.141 Definitions—"Agricultural and wildlife
fireworks." "Agricultural and wildlife fireworks" includes
fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by
the United States department of the interior or an equivalent
state or local governmental agency. [2002 c 370 § 8; 1982 c
230 § 4.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.146
70.77.146 Definitions—"Special effects." "Special
effects" means any combination of chemical elements or
chemical compounds capable of burning independently of the
oxygen of the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an
integral part of a motion picture, radio, television, theatrical,
or opera production, or live entertainment. [1995 c 61 § 8;
1994 c 133 § 1; 1984 c 249 § 4; 1982 c 230 § 5.]
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—1994 c 133: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1994 c 133 § 17.]
Effective date—1994 c 133: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 28, 1994]." [1994 c 133 § 18.]
70.77.160
70.77.160 Definitions—"Public display of fireworks." "Public display of fireworks" means an entertainment feature where the public is or could be admitted or
allowed to view the display or discharge of display fireworks.
[2002 c 370 § 9; 1997 c 182 § 1; 1982 c 230 § 6; 1961 c 228
§ 9.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—1997 c 182: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 182 § 26.]
Effective date—1997 c 182: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 23, 1997]." [1997 c 182 § 27.]
70.77.165
70.77.165 Definitions—"Fire nuisance." "Fire nuisance" means anything or any act which increases, or may
cause an increase of, the hazard or menace of fire to a greater
degree than customarily recognized as normal by persons in
the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may
become the cause of any obstruction, delay, or a hindrance to
the prevention or extinguishment of fire. [1961 c 228 § 10.]
70.77.170
70.77.170 Definitions—"License." "License" means a
nontransferable formal authorization which the chief of the
Washington state patrol, through the director of fire protection, is authorized to issue under this chapter to allow a per(2006 Ed.)
State Fireworks Law
son to engage in the act specifically designated therein.
[2002 c 370 § 10; 1995 c 369 § 44; 1986 c 266 § 99; 1982 c
230 § 7; 1961 c 228 § 11.]
Severability—2002 c 370: See note following RCW 70.77.126.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.175
70.77.175 Definitions—"Licensee." "Licensee"
means any person issued a fireworks license in conformance
with this chapter. [2002 c 370 § 11; 1961 c 228 § 12.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.177
70.77.177 Definitions—"Local fire official." "Local
fire official" means the chief of a local fire department or a
chief fire protection officer or such other person as may be
designated by the governing body of a city or county to act as
a local fire official under this chapter. [1994 c 133 § 3; 1984
c 249 § 6.]
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.180
70.77.180 Definitions—"Permit." "Permit" means the
official authorization granted by a city or county for the purpose of establishing and maintaining a place within the jurisdiction of the city or county where fireworks are manufactured, constructed, produced, packaged, stored, sold, or
exchanged and the official authorization granted by a city or
county for a public display of fireworks. [2002 c 370 § 12;
1995 c 61 § 9; 1984 c 249 § 5; 1982 c 230 § 8; 1961 c 228 §
13.]
70.77.241
but does not include persons who assemble or fabricate sets
or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets or packages containing consumer fireworks items. [2002 c 370 § 14;
1995 c 61 § 11; 1961 c 228 § 18.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.210
70.77.210 Definitions—"Wholesaler." "Wholesaler"
includes any person who sells fireworks to a retailer or any
other person for resale and any person who sells display fireworks to public display licensees. [2002 c 370 § 15; 1982 c
230 § 9; 1961 c 228 § 19.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.215
70.77.215 Definitions—"Retailer." "Retailer"
includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration
consumer fireworks to a consumer or user. [2002 c 370 § 16;
1982 c 230 § 10; 1961 c 228 § 20.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.230
70.77.230 Definitions—"Pyrotechnic operator."
"Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and
ability for safely setting up and discharging display fireworks. [2002 c 370 § 17; 1982 c 230 § 11; 1961 c 228 § 23.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.236
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.182
70.77.182 Definitions—"Permittee." "Permittee"
means any person issued a fireworks permit in conformance
with this chapter. [2002 c 370 § 13.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.190
70.77.190 Definitions—"Person." "Person" includes
any individual, firm, partnership, joint venture, association,
concern, corporation, estate, trust, business trust, receiver,
syndicate, or any other group or combination acting as a unit.
[1961 c 228 § 15.]
70.77.200
70.77.200 Definitions—"Importer." "Importer"
includes any person who for any purpose other than personal
use:
(1) Brings fireworks into this state or causes fireworks to
be brought into this state;
(2) Procures the delivery or receives shipments of any
fireworks into this state; or
(3) Buys or contracts to buy fireworks for shipment into
this state. [1995 c 61 § 10; 1961 c 228 § 17.]
70.77.236 Definitions—"New fireworks item." (1)
"New fireworks item" means any fireworks initially classified or reclassified as articles pyrotechnic, display fireworks,
or consumer fireworks by the United States department of
transportation after June 13, 2002, and which comply with
the construction, chemical composition, and labeling regulations of the United States consumer products safety commission, 16 C.F.R., Parts 1500 and 1507.
(2) The chief of the Washington state patrol, through the
director of fire protection, shall classify any new fireworks
item in the same manner as the item is classified by the
United States department of transportation and the United
States consumer product safety commission. The chief of the
Washington state patrol, through the director of fire protection, may determine, stating reasonable grounds, that the item
should not be so classified. [2002 c 370 § 18; 1997 c 182 § 4;
1995 c 61 § 6.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.241
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.205
70.77.205 Definitions—"Manufacturer." "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device
(2006 Ed.)
70.77.241 Definitions—"Permanent storage"—
"Temporary storage." (1) "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed
under RCW 70.77.420(2) and 70.77.425 and which shall be
in compliance with the requirements of chapter 70.74 RCW.
[Title 70 RCW—page 139]
70.77.250
Title 70 RCW: Public Health and Safety
(2) "Temporary storage" means the storage of consumer
fir ewor ks du rin g th e p er iod s allowed un der R CW
70.77.420(2) and 70.77.425. [2002 c 370 § 34.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.250
70.77.250 Chief of the Washington state patrol to
enforce and administer—Powers and duties. (1) The chief
of the Washington state patrol, through the director of fire
protection, shall enforce and administer this chapter.
(2) The chief of the Washington state patrol, through the
director of fire protection, shall appoint such deputies and
employees as may be necessary and required to carry out the
provisions of this chapter.
(3) The chief of the Washington state patrol, through the
director of fire protection, shall adopt those rules relating to
fireworks as are necessary for the implementation of this
chapter.
(4) The chief of the Washington state patrol, through the
director of fire protection, shall adopt those rules as are necessary to ensure statewide minimum standards for the
enforcement of this chapter. Counties and cities shall comply
with these state rules. Any ordinances adopted by a county or
city that are more restrictive than state law shall have an
effective date no sooner than one year after their adoption.
(5) The chief of the Washington state patrol, through the
director of fire protection, may exercise the necessary police
powers to enforce the criminal provisions of this chapter.
This grant of police powers does not prevent any other state
agency and city, county, or local government agency having
general law enforcement powers from enforcing this chapter
within the jurisdiction of the agency and city, county, or local
government.
(6) The chief of the Washington state patrol, through the
director of fire protection, shall adopt rules necessary to
enforce the civil penalty provisions for the violations of this
chapter. A civil penalty under this subsection may not exceed
one thousand dollars per day for each violation and is subject
to the procedural requirements under RCW 70.77.252.
(7) The chief of the Washington state patrol, through the
director of fire protection, may investigate or cause to be
investigated all fires resulting, or suspected of resulting, from
the use of fireworks. [2002 c 370 § 19; 1997 c 182 § 5. Prior:
1995 c 369 § 45; 1995 c 61 § 12; 1986 c 266 § 100; 1984 c
249 § 7; 1982 c 230 § 12; 1961 c 228 § 27.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—1986 c 266: See note following RCW 38.52.005.
become due and payable twenty-eight days after receipt of
notice unless application for remission or mitigation is made
as provided in subsection (2) of this section or unless application for an adjudicative proceeding is filed as provided in
subsection (3) of this section.
(2) Within fourteen days after the notice is received, the
person incurring the penalty may apply in writing to the chief
of the Washington state patrol, through the director of fire
protection, for the remission or mitigation of the penalty.
Upon receipt of the application, the chief of the Washington
state patrol, through the director of fire protection, may remit
or mitigate the penalty upon whatever terms the chief of the
Washington state patrol, through the director of fire protection, deems proper, giving consideration to the degree of hazard associated with the violation. The chief of the Washington state patrol, through the director of fire protection, may
only grant a remission or mitigation that it deems to be in the
best interests of carrying out the purposes of this chapter. The
chief of the Washington state patrol, through the director of
fire protection, may ascertain the facts regarding all such
applications in a manner it deems proper. When an application for remission or mitigation is made, any penalty incurred
under RCW 70.77.250(6) becomes due and payable twentyeight days after receipt of the notice setting forth the disposition of the application, unless an application for an adjudicative proceeding to contest the disposition is filed as provided
in subsection (3) of this section.
(3) Within twenty-eight days after notice is received, the
person incurring the penalty may file an application for an
adjudicative proceeding and may pursue subsequent review
as provided in chapter 34.05 RCW and applicable rules of the
chief of the Washington state patrol, through the director of
fire protection.
(4) Any penalty imposed by final order following an
adjudicative proceeding becomes due and payable upon service of the final order.
(5) The attorney general may bring an action in the name
of the chief of the Washington state patrol, through the director of fire protection, in the superior court of Thurston county
or of any county in which the violator may do business to collect any penalty imposed under this chapter.
(6) All penalties imposed under this section shall be paid
to the state treasury and credited to the fire services trust fund
and used as follows: At least fifty percent is for a statewide
public education campaign developed by the chief of the
Washington state patrol, through the director of fire protection, and the licensed fireworks industry emphasizing the safe
and responsible use of legal fireworks; and the remainder is
for statewide efforts to enforce this chapter. [2002 c 370 §
20.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.255
70.77.252
70.77.252 Civil penalty—Notice—Remission, mitigation, review. (1) The penalty provided for in RCW
70.77.250(6) shall be imposed by a notice in writing to the
person against whom the civil fine is assessed and shall
describe the violation with reasonable particularity. The
notice shall be personally served in the manner of service of
a summons in a civil action or in a manner which shows proof
of receipt. Any penalty imposed by RCW 70.77.250(6) shall
[Title 70 RCW—page 140]
70.77.255 Acts prohibited without appropriate
licenses and permits—Minimum age for license or permit—Activities permitted without license or permit. (1)
Except as otherwise provided in this chapter, no person, without appropriate state licenses and city or county permits as
required by this chapter may:
(a) Manufacture, import, possess, or sell any fireworks at
wholesale or retail for any use;
(2006 Ed.)
State Fireworks Law
(b) Make a public display of fireworks;
(c) Transport fireworks, except as a licensee or as a public carrier delivering to a licensee; or
(d) Knowingly manufacture, import, transport, store,
sell, or possess with intent to sell, as fireworks, explosives, as
defined under RCW 70.74.010, that are not fireworks, as
defined under this chapter.
(2) Except as authorized by a license and permit under
subsection (1)(b) of this section or as provided in RCW
70.77.311, no person may discharge display fireworks at any
place.
(3) No person less than eighteen years of age may apply
for or receive a license or permit under this chapter.
(4) No license or permit is required for the possession or
use of consumer fireworks lawfully purchased at retail.
[2002 c 370 § 21; 1997 c 182 § 6; 1995 c 61 § 13; 1994 c 133
§ 4; 1984 c 249 § 10; 1982 c 230 § 14; 1961 c 228 § 28.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.260
70.77.260 Application for permit. (1) Any person
desiring to do any act mentioned in RCW 70.77.255(1) (a) or
(c) shall apply in writing to a local fire official for a permit.
(2) Any person desiring to put on a public display of fireworks under RCW 70.77.255(1)(b) shall apply in writing to a
local fire official for a permit. Application shall be made at
least ten days in advance of the proposed display. [1984 c
249 § 11; 1982 c 230 § 15; 1961 c 228 § 29.]
General license holders to file license certificate with application for permit
for public display of fireworks: RCW 70.77.355.
70.77.265
70.77.265 Investigation, report on permit application. The local fire official receiving an application for a permit under RCW 70.77.260(1) shall investigate the application
and submit a report of findings and a recommendation for or
against the issuance of the permit, together with reasons, to
the governing body of the city or county. [1994 c 133 § 5;
1984 c 249 § 12; 1961 c 228 § 30.]
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.270
70.77.270 Governing body to grant permits—Statewide standards—Liability insurance. (1) The governing
body of a city or county, or a designee, shall grant an application for a permit under RCW 70.77.260(1) if the application
meets the standards under this chapter, and the applicable
ordinances of the city or county. The permit shall be granted
by June 10, or no less than thirty days after receipt of an
application whichever date occurs first, for sales commencing on June 28 and on December 27; or by December 10, or
no less than thirty days after receipt of an application whichever date occurs first, for sales commencing only on December 27.
(2) The chief of the Washington state patrol, through the
director of fire protection, shall prescribe uniform, statewide
standards for retail fireworks stands including, but not limited
(2006 Ed.)
70.77.285
to, the location of the stands, setback requirements and siting
of the stands, types of buildings and construction material
that may be used for the stands, use of the stands and areas
around the stands, cleanup of the area around the stands,
transportation of fireworks to and from the stands, and temporary storage of fireworks associated with the retail fireworks stands. All cities and counties which allow retail fireworks sales shall comply with these standards.
(3) No retail fireworks permit may be issued to any
applicant unless the retail fireworks stand is covered by a liability insurance policy with coverage of not less than fifty
thousand dollars and five hundred thousand dollars for bodily
injury liability for each person and occurrence, respectively,
and not less than fifty thousand dollars for property damage
liability for each occurrence, unless such insurance is not
readily available from at least three approved insurance companies. If insurance in this amount is not offered, each fireworks permit shall be covered by a liability insurance policy
in the maximum amount offered by at least three different
approved insurance companies.
No wholesaler may knowingly sell or supply fireworks
to any retail fireworks licensee unless the wholesaler determines that the retail fireworks licensee is covered by liability
insurance in the same, or greater, amount as provided in this
subsection. [2002 c 370 § 22; 1997 c 182 § 8; 1995 c 61 § 14;
1994 c 133 § 6; 1984 c 249 § 13; 1961 c 228 § 31.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.280
70.77.280 Public display permit—Investigation—
Governing body to grant—Conditions. The local fire official receiving an application for a permit under RCW
70.77.260(2) for a public display of fireworks shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any
person. Based on the investigation, the official shall submit a
report of findings and a recommendation for or against the
issuance of the permit, together with reasons, to the governing body of the city or county. The governing body shall
grant the application if it meets the requirements of this chapter and the ordinance of the city or county. [1995 c 61 § 15;
1994 c 133 § 7; 1984 c 249 § 14; 1961 c 228 § 33.]
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.285
70.77.285 Public display permit—Bond or insurance
for liability. Except as provided in RCW 70.77.355, the
applicant for a permit under RCW 70.77.260(2) for a public
display of fireworks shall include with the application evidence of a bond issued by an authorized surety company. The
bond shall be in the amount required by RCW 70.77.295 and
shall be conditioned upon the applicant’s payment of all damages to persons or property resulting from or caused by such
public display of fireworks, or any negligence on the part of
[Title 70 RCW—page 141]
70.77.290
Title 70 RCW: Public Health and Safety
the applicant or its agents, servants, employees, or subcontractors in the presentation of the display. Instead of a bond,
the applicant may include a certificate of insurance evidencing the carrying of appropriate liability insurance in the
amount required by RCW 70.77.295 for the benefit of the
person named therein as assured, as evidence of ability to
respond in damages. The local fire official receiving the
application shall approve the bond or insurance if it meets the
requirements of this section. [1995 c 61 § 16; 1984 c 249 §
15; 1982 c 230 § 16; 1961 c 228 § 34.]
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.290
70.77.290 Public display permit—Granted for exclusive purpose. If a permit under RCW 70.77.260(2) for the
public display of fireworks is granted, the sale, possession
and use of fireworks for the public display is lawful for that
purpose only. [1997 c 182 § 9; 1984 c 249 § 16; 1961 c 228
§ 35.]
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
70.77.295
70.77.295 Public display permit—Amount of bond or
insurance. In the case of an application for a permit under
RCW 70.77.260(2) for the public display of fireworks, the
amount of the surety bond or certificate of insurance required
under RCW 70.77.285 shall be not less than fifty thousand
dollars and one million dollars for bodily injury liability for
each person and event, respectively, and not less than twentyfive thousand dollars for property damage liability for each
event. [1984 c 249 § 17; 1982 c 230 § 17; 1961 c 228 § 36.]
70.77.305
70.77.305 Chief of the Washington state patrol to
issue licenses—Registration of in-state agents. The chief
of the Washington state patrol, through the director of fire
protection, has the power to issue licenses for the manufacture, importation, sale, and use of all fireworks in this state,
except as provided in RCW 70.77.311 and 70.77.395. A person may be licensed as a manufacturer, importer, or wholesaler under this chapter only if the person has a designated
agent in this state who is registered with the chief of the
Washington state patrol, through the director of fire protection. [2002 c 370 § 23; 1995 c 369 § 46; 1986 c 266 § 101;
1984 c 249 § 18; 1982 c 230 § 18; 1961 c 228 § 38.]
Severability—2002 c 370: See note following RCW 70.77.126.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.311
70.77.311 Exemptions from licensing—Purchase of
certain agricultural and wildlife fireworks by government agencies—Purchase of consumer fireworks by religious or private organizations. (1) No license is required
for the purchase of agricultural and wildlife fireworks by
government agencies if:
(a) The agricultural and wildlife fireworks are used for
wildlife control or are distributed to farmers, ranchers, or
growers through a wildlife management program administered by the United States department of the interior or an
equivalent state or local governmental agency;
[Title 70 RCW—page 142]
(b) The distribution is in response to a written application describing the wildlife management problem that
requires use of the devices;
(c) It is of no greater quantity than necessary to control
the described problem; and
(d) It is limited to situations where other means of control are unavailable or inadequate.
(2) No license is required for religious organizations or
private organizations or persons to purchase or use consumer
fireworks and such audible ground devices as firecrackers,
salutes, and chasers if:
(a) Purchased from a licensed manufacturer, importer, or
wholesaler;
(b) For use on prescribed dates and locations;
(c) For religious or specific purposes; and
(d) A permit is obtained from the local fire official. No
fee may be charged for this permit. [2002 c 370 § 24; 1995 c
61 § 17; 1984 c 249 § 19; 1982 c 230 § 19.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.315
70.77.315 Application for license. Any person who
desires to engage in the manufacture, importation, sale, or use
of fireworks, except use as provided in RCW 70.77.255(4),
70.77.311, and 70.77.395, shall make a written application to
the chief of the Washington state patrol, through the director
of fire protection, on forms provided by him or her. Such
application shall be accompanied by the annual license fee as
prescribed in this chapter. [2002 c 370 § 25; 1997 c 182 § 10.
Prior: 1995 c 369 § 47; 1995 c 61 § 18; 1986 c 266 § 102;
1982 c 230 § 20; 1961 c 228 § 40.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.320
70.77.320 Application for license to be signed. The
application for a license shall be signed by the applicant. If
application is made by a partnership, it shall be signed by
each partner of the partnership, and if application is made by
a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation. [1961 c 228 § 41.]
70.77.325
70.77.325 Annual application for a license—Dates.
(1) An application for a license shall be made annually by
every person holding an existing license who wishes to continue the activity requiring the license during an additional
year. The application shall be accompanied by the annual
license fees as prescribed in RCW 70.77.343 and 70.77.340.
(2) A person applying for an annual license as a retailer
under this chapter shall file an application no later than May
1 for annual sales commencing on June 28 and on December
27, or no later than November 1 for sales commencing only
on December 27. The chief of the Washington state patrol,
through the director of fire protection, shall grant or deny the
license within fifteen days of receipt of the application.
(2006 Ed.)
State Fireworks Law
(3) A person applying for an annual license as a manufacturer, importer, or wholesaler under this chapter shall file
an application by January 31 of the current year. The chief of
the Washington state patrol, through the director of fire protection, shall grant or deny the license within ninety days of
receipt of the application. [1997 c 182 § 11; 1994 c 133 § 8;
1991 c 135 § 4; 1986 c 266 § 103; 1984 c 249 § 20; 1982 c
230 § 21; 1961 c 228 § 42.]
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
Intent—Effective date—Severability—1991 c 135: See notes following RCW 43.43.946.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.330
70.77.330 License to engage in particular act to be
issued if not contrary to public safety or welfare—Transportation of fireworks authorized. If the chief of the
Washington state patrol, through the director of fire protection, finds that the granting of such license is not contrary to
public safety or welfare, he or she shall issue a license authorizing the applicant to engage in the particular act or acts
upon the payment of the license fee specified in this chapter.
Licensees may transport the class of fireworks for which they
hold a valid license. [2002 c 370 § 26; 1995 c 369 § 48; 1986
c 266 § 104; 1982 c 230 § 22; 1961 c 228 § 43.]
Severability—2002 c 370: See note following RCW 70.77.126.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.335
70.77.335 License authorizes activities of sellers,
authorized representatives, employees. The authorization
to engage in the particular act or acts conferred by a license to
a person shall extend to sellers, authorized representatives,
and other employees of such person. [2002 c 370 § 27; 1982
c 230 § 23; 1961 c 228 § 44.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.355
Manufacturer . . . . . . . . . . . . . . . . . . . . $
Importer . . . . . . . . . . . . . . . . . . . . . . . . .
Wholesaler . . . . . . . . . . . . . . . . . . . . . . .
Retailer (for each separate outlet) . . . . .
Public display for display fireworks . . .
Pyrotechnic operator for display
fireworks . . . . . . . . . . . . . . . . . . . . . . .
1,500.00
900.00
1,000.00
30.00
40.00
5.00
(2) All receipts from the license fees in this section shall
be placed in the fire services trust fund and at least seventyfive percent of these receipts shall be used to fund a statewide
public education campaign developed by the chief of the
Washington state patrol and the licensed fireworks industry
emphasizing the safe and responsible use of legal fireworks
and the remaining receipts shall be used to fund statewide
enforcement efforts against the sale and use of fireworks that
are illegal under this chapter. [2002 c 370 § 29; 1997 c 182 §
12; 1995 c 61 § 19; 1991 c 135 § 6.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Intent—Effective date—Severability—1991 c 135: See notes following RCW 43.43.946.
70.77.345
70.77.345 Duration of licenses and retail fireworks
sales permits. Every license and every retail fireworks sales
permit issued shall be for the period from January 1st of the
year for which the application is made through January 31st
of the subsequent year, or the remaining portion thereof.
[1997 c 182 § 13; 1995 c 61 § 20; 1991 c 135 § 5; 1982 c 230
§ 25; 1961 c 228 § 46.]
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Intent—Effective date—Severability—1991 c 135: See notes following RCW 43.43.946.
70.77.355
70.77.340
70.77.340 Annual license fees. The original and annual
license fee shall be as follows:
Manufacturer . . . . . . . . . . . . . . . . . . . . $
Importer . . . . . . . . . . . . . . . . . . . . . . . . .
Wholesaler . . . . . . . . . . . . . . . . . . . . . . .
Retailer (for each separate retail
outlet) . . . . . . . . . . . . . . . . . . . . . . . . .
Public display for display fireworks . . .
Pyrotechnic operator for display
fireworks . . . . . . . . . . . . . . . . . . . . . . .
500.00
100.00
1,000.00
10.00
10.00
5.00
[2002 c 370 § 28; 1982 c 230 § 24; 1961 c 228 § 45.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.343
70.77.343 License fees—Additional. (1) License fees,
in addition to the fees in RCW 70.77.340, shall be charged as
follows:
(2006 Ed.)
70.77.355 General license for public display—Surety
bond or insurance—Filing of license certificate with local
permit application. (1) Any adult person may secure a general license from the chief of the Washington state patrol,
through the director of fire protection, for the public display
of fireworks within the state of Washington. A general
license is subject to the provisions of this chapter relative to
the securing of local permits for the public display of fireworks in any city or county, except that in lieu of filing the
bond or certificate of public liability insurance with the
appropriate local official under RCW 70.77.260 as required
in RCW 70.77.285, the same bond or certificate shall be filed
with the chief of the Washington state patrol, through the
director of fire protection. The bond or certificate of insurance for a general license in addition shall provide that: (a)
The insurer will not cancel the insured’s coverage without
fifteen days prior written notice to the chief of the Washington state patrol, through the director of fire protection; (b) the
duly licensed pyrotechnic operator required by law to supervise and discharge the public display, acting either as an
[Title 70 RCW—page 143]
70.77.360
Title 70 RCW: Public Health and Safety
employee of the insured or as an independent contractor and
the state of Washington, its officers, agents, employees, and
servants are included as additional insureds, but only insofar
as any operations under contract are concerned; and (c) the
state is not responsible for any premium or assessments on
the policy.
(2) The chief of the Washington state patrol, through the
director of fire protection, may issue such general licenses.
The holder of a general license shall file a certificate from the
chief of the Washington state patrol, through the director of
fire protection, evidencing the license with any application
for a local permit for the public display of fireworks under
RCW 70.77.260. [1997 c 182 § 14; 1994 c 133 § 9; 1986 c
266 § 105; 1984 c 249 § 21; 1982 c 230 § 26; 1961 c 228 §
48.]
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.360
70.77.360 Denial of license for material misrepresentation or if contrary to public safety or welfare. If the
chief of the Washington state patrol, through the director of
fire protection, finds that an application for any license under
this chapter contains a material misrepresentation or that the
granting of any license would be contrary to the public safety
or welfare, the chief of the Washington state patrol, through
the director of fire protection, may deny the application for
the license. [1995 c 369 § 49; 1986 c 266 § 106; 1984 c 249
§ 22; 1982 c 230 § 27; 1961 c 228 § 49.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.365
70.77.365 Denial of license for failure to meet qualifications or conditions. A written report by the chief of the
Washington state patrol, through the director of fire protection, or a local fire official, or any of their authorized representatives, disclosing that the applicant for a license, or the
premises for which a license is to apply, do not meet the qualifications or conditions for a license constitutes grounds for
the denial by the chief of the Washington state patrol, through
the director of fire protection, of any application for a license.
[1995 c 369 § 50; 1986 c 266 § 107; 1984 c 249 § 23; 1982 c
230 § 28; 1961 c 228 § 50.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.370
tion, upon reasonable opportunity to be heard, may revoke
any license issued pursuant to this chapter, if he or she finds
that:
(1) The licensee has violated any provisions of this chapter or any rule made by the chief of the Washington state
patrol, through the director of fire protection, under and with
the authority of this chapter;
(2) The licensee has created or caused a fire nuisance;
(3) Any licensee has failed or refused to file any required
reports; or
(4) Any fact or condition exists which, if it had existed at
the time of the original application for such license, reasonably would have warranted the chief of the Washington state
patrol, through the director of fire protection, in refusing
originally to issue such license. [1997 c 182 § 16; 1995 c 369
§ 51; 1995 c 61 § 21; 1986 c 266 § 108; 1982 c 230 § 30; 1961
c 228 § 52.]
Reviser’s note: RCW 70.77.375 was amended twice during the 1995
legislative session, each without reference to the other. This section was subsequently amended by 1997 c 182 § 16, combining the text of the 1995
amendments, but not reenacting those sections. Any subsequent amendments
to this section should include the 1997 and both 1995 histories in a reenactment.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.381 Wholesalers and retailers—Liability
insurance requirements. (1) Every wholesaler shall carry
liability insurance for each wholesale and retail fireworks
outlet it operates in the amount of not less than fifty thousand
dollars and five hundred thousand dollars for bodily injury
liability for each person and occurrence, respectively, and not
less than fifty thousand dollars for property damage liability
for each occurrence, unless such insurance is not available
from at least three approved insurance companies. If insurance in this amount is not offered, each wholesale and retail
outlet shall be covered by a liability insurance policy in the
maximum amount offered by at least three different approved
insurance companies.
(2) No wholesaler may knowingly sell or supply fireworks to any retail licensee unless the wholesaler determines
that the retail licensee carries liability insurance in the same,
or greater, amount as provided in subsection (1) of this section. [2002 c 370 § 30; 1995 c 61 § 27.]
70.77.381
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.370 Hearing on denial of license. Any applicant
who has been denied a license for reasons other than making
application after the date set forth in RCW 70.77.325 is entitled to a hearing in accordance with the provisions of chapter
34.05 RCW, the Administrative Procedure Act. [1994 c 133
§ 10; 1989 c 175 § 129; 1982 c 230 § 29; 1961 c 228 § 51.]
70.77.386 Retailers—Purchase from licensed wholesalers. Retail fireworks licensees shall purchase all fireworks from wholesalers possessing a valid wholesale license
issued by the state of Washington. [1995 c 61 § 28.]
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.386
Effective date—1989 c 175: See note following RCW 34.05.010.
70.77.395 Dates and times consumer fireworks may
be sold or discharged—Local governments may limit,
prohibit sale or discharge of fireworks. (1) It is legal to sell
70.77.395
70.77.375
70.77.375 Revocation of license. The chief of the
Washington state patrol, through the director of fire protec[Title 70 RCW—page 144]
(2006 Ed.)
State Fireworks Law
and purchase consumer fireworks within this state from
twelve o’clock noon to eleven o’clock p.m. on the twentyeighth of June, from nine o’clock a.m. to eleven o’clock p.m.
on each day from the twenty-ninth of June through the fourth
of July, from nine o’clock a.m. to nine o’clock p.m. on the
fifth of July, from twelve o’clock noon to eleven o’clock p.m.
on each day from the twenty-seventh of December through
the thirty-first of December of each year, and as provided in
RCW 70.77.311.
(2) Consumer fireworks may be used or discharged each
day between the hours of twelve o’clock noon and eleven
o’clock p.m. on the twenty-eighth of June and between the
hours of nine o’clock a.m. and eleven o’clock p.m. on the
twenty-ninth of June to the third of July, and on July 4th
between the hours of nine o’clock a.m. and twelve o’clock
midnight, and between the hours of nine o’clock a.m. and
eleven o’clock p.m. on July 5th, and from six o’clock p.m. on
December 31st until one o’clock a.m. on January 1st of the
subsequent year, and as provided in RCW 70.77.311.
(3) A city or county may enact an ordinance within sixty
days of June 13, 2002, to limit or prohibit the sale, purchase,
possession, or use of consumer fireworks on December 27,
2002, through December 31, 2002, and thereafter as provided
in RCW 70.77.250(4). [2002 c 370 § 31; 1995 c 61 § 22;
1984 c 249 § 24; 1982 c 230 § 31; 1961 c 228 § 56.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.430
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.420
70.77.420 Permanent storage permit required—
Application—Investigation—Grant or denial—Conditions. (1) It is unlawful for any person to store permanently
fireworks of any class without a permit for such permanent
storage from the city or county in which the storage is to be
made. A person proposing to store permanently fireworks
shall apply in writing to a city or county at least ten days prior
to the date of the proposed permanent storage. The city or
county receiving the application for a permanent storage permit shall investigate whether the character and location of the
permanent storage as proposed meets the requirements of the
zoning, building, and fire codes or constitutes a hazard to
property or is dangerous to any person. Based on the investigation, the city or county may grant or deny the application.
The city or county may place reasonable conditions on any
permit granted.
(2) For the purposes of this section the temporary storing
or keeping of consumer fireworks when in conjunction with a
valid retail sales license and permit shall comply with RCW
7 0 . 7 7 . 4 2 5 a n d t h e s t a n d ar d s a d o p t e d u n d e r RC W
70.77.270(2) and not this section. [2002 c 370 § 35; 1997 c
182 § 18; 1984 c 249 § 26; 1982 c 230 § 34; 1961 c 228 § 61.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
70.77.401
70.77.401 Sale of certain fireworks prohibited. No
fireworks may be sold or offered for sale to the public as consumer fireworks which are classified as sky rockets, or missile-type rockets, firecrackers, salutes, or chasers as defined
by the United States department of transportation and the federal consumer products safety commission except as provided in RCW 70.77.311. [2002 c 370 § 32; 1995 c 61 § 7.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.405
70.77.405 Authorized sales of toy caps, tricks, and
novelties. Toy paper caps containing not more than twentyfive hundredths grain of explosive compound for each cap
and trick or novelty devices not classified as consumer fireworks may be sold at all times unless prohibited by local
ordinance. [2002 c 370 § 33; 1982 c 230 § 32; 1961 c 228 §
58.]
70.77.425
70.77.425 Approved permanent storage facilities
required. It is unlawful for any person to store permanently
stocks of fireworks remaining unsold after the lawful period
of sale as provided in the person’s permit except in such
places of permanent storage as the city or county issuing the
permit approves. Unsold stocks of consumer fireworks
remaining after the authorized retail sales period from nine
o’clock a.m. on June 28th to twelve o’clock noon on July 5th
shall be returned on or before July 31st of the same year, or
remaining after the authorized retail sales period from twelve
o’clock noon on December 27th to eleven o’clock p.m. on
December 31st shall be returned on or before January 10th of
the subsequent year, to the approved permanent storage facilities of a licensed fireworks wholesaler or to a magazine or
permanent storage place approved by a local fire official.
[2002 c 370 § 36; 1984 c 249 § 27; 1982 c 230 § 35; 1961 c
228 § 62.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.430
70.77.410
70.77.410 Public displays not to be hazardous. All
public displays of fireworks shall be of such a character and
so located, discharged, or fired as not to be hazardous or dangerous to persons or property. [1961 c 228 § 59.]
70.77.415
70.77.415 Supervision of public displays. Every public display of fireworks shall be handled or supervised by a
pyrotechnic operator licensed by the chief of the Washington
state patrol, through the director of fire protection, under
RCW 70.77.255. [1995 c 369 § 52; 1986 c 266 § 109; 1984
c 249 § 25; 1982 c 230 § 33; 1961 c 228 § 60.]
(2006 Ed.)
70.77.430 Sale of stock after revocation or expiration
of license. Notwithstanding RCW 70.77.255, following the
revocation or expiration of a license, a licensee in lawful possession of a lawfully acquired stock of fireworks may sell
such fireworks, but only under supervision of the chief of the
Washington state patrol, through the director of fire protection. Any sale under this section shall be solely to persons
who are authorized to buy, possess, sell, or use such fireworks. [1995 c 369 § 53; 1986 c 266 § 110; 1984 c 249 § 28;
1982 c 230 § 36; 1961 c 228 § 63.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
[Title 70 RCW—page 145]
70.77.435
Title 70 RCW: Public Health and Safety
70.77.435
70.77.435 Seizure of fireworks. Any fireworks which
are illegally sold, offered for sale, used, discharged, possessed, or transported in violation of the provisions of this
chapter or the rules or regulations of the chief of the Washington state patrol, through the director of fire protection, are
subject to seizure by the chief of the Washington state patrol,
through the director of fire protection, or his or her deputy, or
by state agencies or local governments having general law
enforcement authority. [2002 c 370 § 37; 1997 c 182 § 20;
1995 c 61 § 23; 1994 c 133 § 11; 1986 c 266 § 111; 1982 c
230 § 37; 1961 c 228 § 64.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.440
70.77.440 Seizure of fireworks—Proceedings for forfeiture—Disposal of confiscated fireworks. (1) In the
event of seizure under RCW 70.77.435, proceedings for forfeiture shall be deemed commenced by the seizure. The chief
of the Washington state patrol or a designee, through the
director of fire protection or the agency conducting the seizure, under whose authority the seizure was made shall cause
notice to be served within fifteen days following the seizure
on the owner of the fireworks seized and the person in charge
thereof and any person having any known right or interest
therein, of the seizure and intended forfeiture of the seized
property. The notice may be served by any method authorized by law or court rule including but not limited to service
by certified mail with return receipt requested. Service by
mail shall be deemed complete upon mailing within the fifteen-day period following the seizure.
(2) If no person notifies the chief of the Washington state
patrol, through the director of fire protection or the agency
conducting the seizure, in writing of the person’s claim of
lawful ownership or right to lawful possession of seized fireworks within thirty days of the seizure, the seized fireworks
shall be deemed forfeited.
(3) If any person notifies the chief of the Washington
state patrol, through the director of fire protection or the
agency conducting the seizure, in writing of the person’s
claim of lawful ownership or possession of the fireworks
within thirty days of the seizure, the person or persons shall
be afforded a reasonable opportunity to be heard as to the
claim or right. The hearing shall be before an administrative
law judge appointed under chapter 34.12 RCW, except that
any person asserting a claim or right may remove the matter
to a court of competent jurisdiction if the aggregate value of
the seized fireworks is more than five hundred dollars. The
hearing before an administrative law judge and any appeal
therefrom shall be under Title 34 RCW. In a court hearing
between two or more claimants to the article or articles
involved, the prevailing party shall be entitled to a judgment
for costs and reasonable attorneys’ fees. The burden of producing evidence shall be upon the person claiming to have
the lawful right to possession of the seized fireworks. The
chief of the Washington state patrol, through the director of
[Title 70 RCW—page 146]
fire protection or the agency conducting the seizure, shall
promptly return the fireworks to the claimant upon a determination by the administrative law judge or court that the claimant is lawfully entitled to possession of the fireworks.
(4) When fireworks are forfeited under this chapter the
chief of the Washington state patrol, through the director of
fire protection or the agency conducting the seizure, may:
(a) Dispose of the fireworks by summary destruction at
any time subsequent to thirty days from such seizure or ten
days from the final termination of proceedings under this section, whichever is later; or
(b) Sell the forfeited fireworks and chemicals used to
make fireworks, that are legal for use and possession under
this chapter, to wholesalers or manufacturers, authorized to
possess and use such fireworks or chemicals under a license
issued by the chief of the Washington state patrol, through
the director of fire protection. Sale shall be by public auction
after publishing a notice of the date, place, and time of the
auction in a newspaper of general circulation in the county in
which the auction is to be held, at least three days before the
date of the auction. The proceeds of the sale of the seized fireworks under this section may be retained by the agency conducting the seizure and used to offset the costs of seizure
and/or storage costs of the seized fireworks. The remaining
proceeds, if any, shall be deposited in the fire services trust
fund and shall be used as follows: At least fifty percent is for
a statewide public education campaign developed by the
chief of the Washington state patrol, through the director of
fire protection, and the licensed fireworks industry emphasizing the safe and responsible use of legal fireworks; and the
remainder is for statewide efforts to enforce this chapter.
[2002 c 370 § 38; 1997 c 182 § 21; 1995 c 61 § 24; 1994 c 133
§ 12; 1986 c 266 § 112; 1984 c 249 § 29; 1961 c 228 § 65.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.450
70.77.450 Examination, inspection of books and premises. The chief of the Washington state patrol, through the
director of fire protection, may make an examination of the
books and records of any licensee, or other person relative to
fireworks, and may visit and inspect the premises of any licensee he may deem at any time necessary for the purpose of
enforcing the provisions of this chapter. The licensee, owner,
lessee, manager, or operator of any such building or premises
shall permit the chief of the Washington state patrol, through
the director of fire protection, his or her deputies or salaried
assistants, the local fire official, and their authorized representatives to enter and inspect the premises at the time and for
the purpose stated in this section. [1997 c 182 § 22; 1994 c
133 § 13; 1986 c 266 § 113; 1961 c 228 § 67.]
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
Severability—1986 c 266: See note following RCW 38.52.005.
(2006 Ed.)
State Fireworks Law
70.77.455
70.77.455 Licensees to maintain and make available
complete records—Exemption from public records act.
(1) All licensees shall maintain and make available to the
chief of the Washington state patrol, through the director of
fire protection, full and complete records showing all production, imports, exports, purchases, and sales of fireworks items
by class.
(2) All records obtained and all reports produced, as
required by this chapter, are not subject to disclosure through
the public records act under chapter 42.56 RCW. [2005 c 274
§ 337; 1997 c 182 § 23. Prior: 1995 c 369 § 54; 1995 c 61 §
25; 1986 c 266 § 114; 1982 c 230 § 38; 1961 c 228 § 68.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Severability—Effective date—1997 c 182: See notes following RCW
70.77.160.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.517
70.77.495
70.77.495 Forestry permit to set off fireworks in forest, brush, fallow, etc. It is unlawful for any person to set off
fireworks of any kind in forest, fallows, grass or brush covered land, either on his own land or the property of another,
between April 15th and December 1st of any year, unless it is
done under a written permit from the Washington state
department of natural resources or its duly authorized agent,
and in strict accordance with the terms of the permit and any
other applicable law. [2002 c 370 § 39; 1988 c 128 § 11;
1961 c 228 § 76.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.510
70.77.510 Unlawful sales or transfers of display fireworks—Penalty. It is unlawful for any person knowingly to
sell, transfer, or agree to sell or transfer any display fireworks
to any person who is not a fireworks licensee as provided for
by this chapter. A violation of this section is a gross misdemeanor. [2002 c 370 § 40; 1984 c 249 § 31; 1982 c 230 § 40;
1961 c 228 § 79.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.460
70.77.460 Reports, payments deemed made when
filed or paid or date mailed. When reports on fireworks
transactions or the payments of license fees or penalties are
required to be made on or by specified dates, they shall be
deemed to have been made at the time they are filed with or
paid to the chief of the Washington state patrol, through the
director of fire protection, or, if sent by mail, on the date
shown by the United States postmark on the envelope containing the report or payment. [1995 c 369 § 55; 1986 c 266
§ 115; 1961 c 228 § 69.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.480
70.77.480 Prohibited transfers of fireworks. The
transfer of fireworks ownership whether by sale at wholesale
or retail, by gift or other means of conveyance of title, or by
delivery of any fireworks to any person in the state who does
not possess and present to the carrier for inspection at the
time of delivery a valid license, where such license is
required to purchase, possess, transport, or use fireworks, is
prohibited. [1982 c 230 § 39; 1961 c 228 § 73.]
70.77.485
70.77.485 Unlawful possession of fireworks—Penalties. It is unlawful to possess any class or kind of fireworks
in violation of this chapter. A violation of this section is:
(1) A misdemeanor if involving less than one pound of
fireworks, exclusive of external packaging; or
(2) A gross misdemeanor if involving one pound or more
of fireworks, exclusive of external packaging.
For the purposes of this section, "external packaging"
means any materials that are not an integral part of the operative unit of fireworks. [1984 c 249 § 30; 1961 c 228 § 74.]
70.77.488
70.77.488 Unlawful discharge or use of fireworks—
Penalty. It is unlawful for any person to discharge or use
fireworks in a reckless manner which creates a substantial
risk of death or serious physical injury to another person or
damage to the property of another. A violation of this section
is a gross misdemeanor. [1984 c 249 § 37.]
(2006 Ed.)
70.77.515
70.77.515 Unlawful sales or transfers of consumer
fireworks—Penalty. (1) It is unlawful for any person to
offer for sale, sell, or exchange for consideration, any consumer fireworks to a consumer or user other than at a fixed
place of business of a retailer for which a license and permit
have been issued.
(2) No licensee may sell any fireworks to any person
under the age of sixteen.
(3) A violation of this section is a gross misdemeanor.
[2002 c 370 § 41; 1984 c 249 § 32; 1982 c 230 § 41; 1961 c
228 § 80.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.517
70.77.517 Unlawful transportation of fireworks—
Penalty. It is unlawful for any person, except in the course of
continuous interstate transportation through any state, to
transport fireworks from this state into any other state, or
deliver them for transportation into any other state, or attempt
so to do, knowing that such fireworks are to be delivered,
possessed, stored, transshipped, distributed, sold, or otherwise dealt with in a manner or for a use prohibited by the laws
of such other state specifically prohibiting or regulating the
use of fireworks. A violation of this section is a gross misdemeanor.
This section does not apply to a common or contract carrier or to international or domestic water carriers engaged in
interstate commerce or to the transportation of fireworks into
a state for the use of United States agencies in the carrying
out or the furtherance of their operations.
In the enforcement of this section, the definitions of fireworks contained in the laws of the respective states shall be
applied.
As used in this section, the term "state" includes the several states, territories, and possessions of the United States,
and the District of Columbia. [2002 c 370 § 42; 1984 c 249 §
34.]
Severability—2002 c 370: See note following RCW 70.77.126.
[Title 70 RCW—page 147]
70.77.520
Title 70 RCW: Public Health and Safety
70.77.520
70.77.520 Unlawful to permit fire nuisance where
fireworks kept—Penalty. It is unlawful for any person to
allow any combustibles to accumulate in any premises in
which fireworks are stored or sold or to permit a fire nuisance
to exist in such a premises. A violation of this section is a
misdemeanor. [2002 c 370 § 43; 1984 c 249 § 33; 1961 c 228
§ 81.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.525
70.77.525 Manufacture or sale of fireworks for outof-state shipment. This chapter does not prohibit any manufacturer, wholesaler, dealer, or jobber, having a license and
a permit secured under the provisions of this chapter, from
manufacturing or selling any kind of fireworks for direct
shipment out of this state. [1982 c 230 § 42; 1961 c 228 §
82.]
70.77.530
70.77.530 Nonprohibited acts—Signal purposes, forest protection. This chapter does not prohibit the use of torpedoes, flares, or fusees by motor vehicles, railroads, or other
transportation agencies for signal purposes or illumination or
for use in forest protection activities. [1961 c 228 § 83.]
70.77.535
70.77.535 Articles pyrotechnic, special effects for
entertainment media. The assembling, compounding, use,
and display of articles pyrotechnic or special effects in the
production of motion pictures, radio or television productions, or live entertainment shall be under the direction and
control of a pyrotechnic operator licensed by the state of
Washington and who possesses a valid permit from the city
or county. [2002 c 370 § 44; 1994 c 133 § 14; 1984 c 249 §
35; 1982 c 230 § 43; 1961 c 228 § 84.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
70.77.540
70.77.540 Penalty. Except as otherwise provided in this
chapter, any person violating any of the provisions of this
chapter or any rules issued thereunder is guilty of a misdemeanor. [1984 c 249 § 36; 1961 c 228 § 85.]
70.77.545
70.77.545 Violation a separate, continuing offense. A
person is guilty of a separate offense for each day during
which he commits, continues, or permits a violation of any
provision of, or any order, rule, or regulation made pursuant
to this chapter. [1961 c 228 § 86.]
70.77.547
70.77.547 Civil enforcement not precluded. The
inclusion in this chapter of criminal penalties does not preclude enforcement of this chapter through civil means. [1994
c 133 § 15.]
Severability—Effective date—1994 c 133: See notes following RCW
70.77.146.
the chief of the Washington state patrol, through the director
of fire protection. [2002 c 370 § 48.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.549
70.77.549 Civil penalty—Costs. In addition to criminal penalties, a person who violates this chapter is also liable
for a civil penalty and for the costs incurred with enforcing
this chapter and bringing the civil action, including court
costs and reasonable investigative and attorneys’ fees. [2002
c 370 § 49.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.550
70.77.550 Short title. This chapter shall be known and
may be cited as the state fireworks law. [1961 c 228 § 87.]
70.77.555
70.77.555 Local permit and license fees—Limits. (1)
A city or county may provide by ordinance for a fee in an
amount sufficient to cover all legitimate costs for all needed
permits, licenses, and authorizations from application to and
through processing, issuance, and inspection, but in no case
to exceed a total of one hundred dollars for any one retail
sales permit for any one selling season in a year, whether
June 28th through July 5th or December 27th through
December 31st, or a total of two hundred dollars for both selling seasons.
(2) A city or county may provide by ordinance for a fee
in an amount sufficient to cover all legitimate costs for all
display permits, licenses, and authorizations from application
to and through processing, issuance, and inspection, not to
exceed actual costs and in no case more than a total of five
thousand dollars for any one display permit. [2002 c 370 §
45; 1995 c 61 § 26; 1982 c 230 § 44; 1961 c 228 § 88.]
Severability—2002 c 370: See note following RCW 70.77.126.
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
70.77.575
70.77.575 Chief of the Washington state patrol to
provide list of consumer fireworks that may be sold to the
public. (1) The chief of the Washington state patrol, through
the director of fire protection, shall adopt by rule a list of the
consumer fireworks that may be sold to the public in this state
pursuant to this chapter. The chief of the Washington state
patrol, through the director of fire protection, shall file the list
by October 1st of each year with the code reviser for publication, unless the previously published list has remained current.
(2) The chief of the Washington state patrol, through the
director of fire protection, shall provide the list adopted under
subsection (1) of this section by November 1st of each year to
all manufacturers, wholesalers, and importers licensed under
this chapter, unless the previously distributed list has
remained current. [2002 c 370 § 46; 1995 c 369 § 57; 1986 c
266 § 117; 1984 c 249 § 8.]
Severability—2002 c 370: See note following RCW 70.77.126.
70.77.548
70.77.548 Attorney general may institute civil proceedings—Venue. Civil proceedings to enforce this chapter
may be brought in the superior court of Thurston county or
the county in which the violation occurred by the attorney
general or the attorney of the city or county in which the violation occurred on his or her own motion or at the request of
[Title 70 RCW—page 148]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.580
70.77.580 Retailers to post list of consumer fireworks. Retailers required to be licensed under this chapter
shall post prominently at each retail location a list of the con(2006 Ed.)
Boilers and Unfired Pressure Vessels
sumer fireworks that may be sold to the public in this state
pursuant to this chapter. The posted list shall be in a form
approved by the chief of the Washington state patrol, through
the director of fire protection. The chief of the Washington
state patrol, through the director of fire protection, shall make
the list available. [2002 c 370 § 47; 1995 c 369 § 58; 1986 c
266 § 118; 1984 c 249 § 9.]
Severability—2002 c 370: See note following RCW 70.77.126.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.77.900 Effective date—1961 c 228. This act shall
take effect on January 1, 1962. [1961 c 228 § 90.]
70.77.900
70.77.910 Severability—1961 c 228. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1961 c 228 § 91.]
70.77.910
70.77.911 Severability—1982 c 230. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 230 § 45.]
70.77.911
70.77.912 Severability—1984 c 249. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 249 § 41.]
70.77.912
Chapter 70.79 RCW
BOILERS AND UNFIRED PRESSURE VESSELS
Chapter 70.79
Sections
70.79.010
70.79.020
70.79.030
70.79.040
70.79.050
70.79.060
70.79.070
70.79.080
70.79.090
70.79.095
70.79.100
70.79.110
70.79.120
70.79.130
70.79.140
70.79.150
70.79.160
70.79.170
70.79.180
70.79.190
70.79.200
70.79.210
70.79.220
70.79.230
70.79.240
70.79.250
(2006 Ed.)
Board of boiler rules—Members—Terms—Meetings.
Compensation and travel expenses.
Duties of board.
Rules and regulations—Scope.
Rules and regulations—Effect.
Construction, installation must conform to rules—Special
installation and operating permits.
Existing installations—Conformance required—Miniature
hobby boilers.
Exemptions from chapter.
Exemptions from certain provisions.
Espresso machines—Local regulation prohibited.
Chief inspector—Qualifications—Appointment, removal.
Chief inspector—Duties in general.
Deputy inspectors—Qualifications—Employment.
Special inspectors—Qualifications—Commission.
Special inspectors—Compensation—Continuance of commission.
Special inspectors—Inspections—Exempts from inspection
fees.
Report of inspection by special inspector—Filing.
Examinations for inspector’s appointment or commission—
Reexamination.
Suspension, revocation of inspector’s commission—
Grounds—Reinstatement.
Suspension, revocation of commission—Appeal.
Lost or destroyed certificate or commission.
Inspectors—Performance bond required.
Inspections—Who shall make.
Access to premises by inspectors.
Inspection of boilers, unfired pressure vessels—Scope—Frequency.
Inspection—Frequency—Grace period.
70.79.260
70.79.270
70.79.280
70.79.290
70.79.300
70.79.310
70.79.320
70.79.330
70.79.350
70.79.361
70.79.900
70.79.030
Inspection—Frequency—Modification by rules.
Hydrostatic test.
Inspection during construction.
Inspection certificate—Contents—Posting—Fee.
Inspection certificate invalid on termination of insurance.
Inspection certificate—Suspension—Reinstatement.
Operating without inspection certificate prohibited—Penalty.
Inspection fees—Expenses—Schedules.
Inspection fees—Receipts for—Pressure systems safety fund.
Board determinations—Appeals.
Severability—1951 c 32.
Excessive steam in boilers, penalty: RCW 70.54.080.
State building code: Chapter 19.27 RCW.
70.79.010 Board of boiler rules—Members—
Terms—Meetings. There is hereby created within this state
a board of boiler rules, which shall hereafter be referred to as
the board, consisting of five members who shall be appointed
to the board by the governor, one for a term of one year, one
for a term of two years, one for a term of three years, and two
for a term of four years. At the expiration of their respective
terms of office, they, or their successors identifiable with the
same interests respectively as hereinafter provided, shall be
appointed for terms of four years each. The governor may at
any time remove any member of the board for inefficiency or
neglect of duty in office. Upon the death or incapacity of any
member the governor shall fill the vacancy for the remainder
of the vacated term with a representative of the same interests
with which his or her predecessor was identified. Of these
five appointed members, one shall be representative of owners and users of boilers and unfired pressure vessels within
the state, one shall be representative of the boiler or unfired
pressure vessel manufacturers within the state, one shall be a
representative of a boiler insurance company licensed to do
business within the state, one shall be a mechanical engineer
on the faculty of a recognized engineering college or a graduate mechanical engineer having equivalent experience, and
one shall be representative of the boilermakers, stationary
operating engineers, or pressure vessel operators. The board
shall elect one of its members to serve as chair and, at the call
of the chair, the board shall meet at least four times each year
at the state capitol or other place designated by the board.
[1999 c 183 § 1; 1951 c 32 § 1.]
70.79.010
70.79.020 Compensation and travel expenses. The
members of the board shall be compensated in accordance
with RCW 43.03.240 and shall receive travel expenses
incurred while in the performance of their duties as members
of the board, in accordance with RCW 43.03.050 and
43.03.060. [1984 c 287 § 105; 1975-’76 2nd ex.s. c 34 § 159;
1951 c 32 § 2.]
70.79.020
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
70.79.030 Duties of board. The board shall formulate
definitions and rules for the safe and proper construction,
installation, repair, use, and operation of boilers and for the
safe and proper construction, installation, and repair of
unfired pressure vessels in this state. The definitions and
rules so formulated shall be based upon, and, at all times, follow the nationally or internationally accepted engineering
standards, formulae, and practices established and pertaining
70.79.030
[Title 70 RCW—page 149]
70.79.040
Title 70 RCW: Public Health and Safety
to boiler and unfired pressure vessel construction and safety,
and the board may by resolution adopt existing published
codifications thereof, and when so adopted the same shall be
deemed incorporated into, and to constitute a part or the
whole of the definitions and rules of the board. Amendments
and interpretations to the code shall be enforceable immediately upon being adopted, to the end that the definitions and
rules shall at all times follow nationally or internationally
accepted engineering standards. However, all rules adopted
by the board shall be adopted in compliance with the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter amended. [1999 c 183 § 2; 1972 ex.s. c 86 § 1; 1951 c
32 § 3.]
70.79.040
70.79.040 Rules and regulations—Scope. The board
shall promulgate rules and regulations for the safe and proper
installation, repair, use and operation of boilers, and for the
safe and proper installation and repair of unfired pressure
vessels which were in use or installed ready for use in this
state prior to the date upon which the first rules and regulations under this chapter pertaining to existing installations
became effective, or during the twelve months period immediately thereafter. [1951 c 32 § 4.]
70.79.050
70.79.050 Rules and regulations—Effect. (1) The
rules and regulations formulated by the board shall have the
force and effect of law, except that the rules applying to the
construction of new boilers and unfired pressure vessels shall
not be construed to prevent the installation thereof until
twelve months after their approval by the director of the
department of labor and industries.
(2) Subsequent amendments to the rules and regulations
adopted by the board shall be permissive immediately and
shall become mandatory twelve months after such approval.
[1951 c 32 § 5.]
70.79.060
70.79.060 Construction, installation must conform to
rules—Special installation and operating permits. (1)
Except as provided in subsection (2) of this section, no power
boiler, low pressure boiler, or unfired pressure vessel which
does not conform to the rules and regulations formulated by
the board governing new construction and installation shall
be installed and operated in this state after twelve months
from the date upon which the first rules and regulations under
this chapter pertaining to new construction and installation
shall have become effective, unless the boiler or unfired pressure vessel is of special design or construction, and is not
covered by the rules and regulations, nor is in any way inconsistent with such rules and regulations, in which case a special installation and operating permit may at its discretion be
granted by the board.
(2) A special permit may also be granted for boilers and
pressure vessels manufactured before 1951 which do not
comply with the code requirements of the American Society
of Mechanical Engineers adopted under this chapter, if the
boiler or pressure vessel is operated exclusively for the purposes of public exhibition, and the board finds, upon inspection, that operation of the boiler or pressure vessel for such
purposes is not unsafe. [1984 c 93 § 1; 1951 c 32 § 6.]
[Title 70 RCW—page 150]
70.79.070
70.79.070 Existing installations—Conformance
required—Miniature hobby boilers. (1) All boilers and
unfired pressure vessels which were in use, or installed ready
for use in this state prior to the date upon which the first rules
and regulations under this chapter pertaining to existing
installations became effective, or during the twelve months
period immediately thereafter, shall be made to conform to
the rules and regulations of the board governing existing
installations, and the formulae prescribed therein shall be
used in determining the maximum allowable working pressure for such boilers and unfired pressure vessels.
(2) This chapter shall not be construed as in any way preventing the use or sale of boilers or unfired vessels as referred
to in subsection (1) of this section, provided they have been
made to conform to the rules and regulations of the board
governing existing installations, and provided, further, they
have not been found upon inspection to be in an unsafe condition.
(3) A special permit may also be granted for miniature
hobby boilers that do not comply with the code requirements
of the American society of mechanical engineers adopted
under this chapter and do not exceed any of the following
limits:
(a) Sixteen inches inside diameter of the shell;
(b) Twenty square feet of total heating surface;
(c) Five cubic feet of gross volume of vessel; and
(d) One hundred fifty p.s.i.g. maximum allowable working pressure, and if the boiler is to be operated exclusively not
for commercial or industrial use and the department of labor
and industries finds, upon inspection, that operation of the
boiler for such purposes is not unsafe. [1995 c 41 § 1; 1993 c
193 § 1; 1951 c 32 § 7.]
70.79.080
70.79.080 Exemptions from chapter. This chapter
shall not apply to the following boilers, unfired pressure vessels and domestic hot water tanks:
(1) Boilers and unfired pressure vessels under federal
regulation or operated by any railroad subject to the provisions of the interstate commerce act;
(2) Unfired pressure vessels meeting the requirements of
the interstate commerce commission for shipment of liquids
or gases under pressure;
(3) Air tanks located on vehicles operating under the
rules of other state authorities and used for carrying passengers, or freight;
(4) Air tanks installed on the right of way of railroads
and used directly in the operation of trains;
(5) Unfired pressure vessels having a volume of five
cubic feet or less when not located in places of public assembly;
(6) Unfired pressure vessels designed for a pressure not
exceeding fifteen pounds per square inch gauge;
(7) Tanks used in connection with heating water for
domestic and/or residential purposes;
(8) Boilers and unfired pressure vessels in cities having
ordinances which are enforced and which have requirements
equal to or higher than those provided for under this chapter,
covering the installation, operation, maintenance and inspection of boilers and unfired pressure vessels;
(2006 Ed.)
Boilers and Unfired Pressure Vessels
(9) Tanks containing water with no air cushion and no
direct source of energy that operate at a temperature of one
hundred thirty degrees Fahrenheit or less;
(10) Electric boilers:
(a) Having a tank volume of not more than one and onehalf cubic feet;
(b) Having a maximum allowable working pressure of
one hundred pounds per square inch or less, with a pressure
relief system to prevent excess pressure; and
(c) If constructed after June 10, 1994, constructed to
American society of mechanical engineers code, or approved
or otherwise certified by a nationally recognized or recognized foreign testing laboratory or construction code, including but not limited to Underwriters Laboratories, Edison
Testing Laboratory, or Instituto Superiore Per La Prevenzione E La Sicurezza Del Lavoro;
(11) Electrical switchgear and control apparatus that
have no external source of energy to maintain pressure and
are located in restricted access areas under the control of an
electric utility;
(12) Regardless of location, unfired pressure vessels and
hot water heaters less than one and one-half cubic feet (11.25
gallons) in volume with a safety valve setting of one hundred
fifty pounds per square inch gauge (psig) or less, or less than
six inches in diameter and less than five cubic feet (37.5 gallons) in volume with a safety valve set at any pressure, or less
than fifteen psig containing substances other than steam,
lethal substances, or liquids with low flash points. [2005 c 22
§ 1; 1999 c 183 § 3; 1996 c 72 § 1; 1994 c 64 § 2; 1986 c 97
§ 1; 1951 c 32 § 8.]
Finding—Intent—1994 c 64: See note following RCW 70.79.095.
70.79.090
70.79.090 Exemptions from certain provisions. The
following boilers and unfired pressure vessels shall be
exempt from the requirements of RCW 70.79.220 and
70.79.240 through 70.79.330:
(1) Boilers or unfired pressure vessels located on farms
and used solely for agricultural purposes;
(2) Unfired pressure vessels that are part of fertilizer
applicator rigs designed and used exclusively for fertilization
in the conduct of agricultural operations;
(3) Steam boilers used exclusively for heating purposes
carrying a pressure of not more than fifteen pounds per
square inch gauge and which are located in private residences
or in apartment houses of less than six families;
(4) Hot water heating boilers carrying a pressure of not
more than thirty pounds per square inch and which are
located in private residences or in apartment houses of less
than six families;
(5) Approved pressure vessels (hot water heaters, hot
water storage tanks, hot water supply boilers, and hot water
heating boilers listed by a nationally recognized testing
agency), with approved safety devices including a pressure
relief valve, with a nominal water containing capacity of one
hundred twenty gallons or less having a heat input of two
hundred thousand b.t.u.’s per hour or less, used for hot water
supply at pressure of one hundred sixty pounds per square
inch or less, and at temperatures of two hundred ten degrees
Fahrenheit or less: PROVIDED, HOWEVER, That such
pressure vessels are not installed in schools, child care cen(2006 Ed.)
70.79.110
ters, public and private hospitals, nursing and boarding
homes, churches, public buildings owned or leased and maintained by the state or any political subdivision thereof, and
assembly halls;
(6) Unfired pressure vessels containing only water under
pressure for domestic supply purposes, including those containing air, the compression of which serves only as a cushion
or airlift pumping systems, when located in private residences or in apartment houses of less than six families, or in
public water systems as defined in RCW 70.119.020;
(7) Unfired pressure vessels containing liquified petroleum gases. [2005 c 22 § 2; 1999 c 183 § 4; 1988 c 254 § 20;
1983 c 3 § 174; 1972 ex.s. c 86 § 2; 1951 c 32 § 9.]
70.79.095
70.79.095 Espresso machines—Local regulation prohibited. A county, city, or other political subdivision of the
state may not enforce any law specifically regulating the
manufacture, installation, operation, maintenance, or inspection of any electric boiler exempt from this chapter by RCW
70.79.080(10). [1994 c 64 § 3.]
Finding—Intent—1994 c 64: "The legislature finds that small lowpressure boilers are found in devices such as espresso coffee machines and
cleaning equipment common throughout Washington state. Such systems
present little threat to public health and safety. Government regulation of
such systems could impose a substantial burden on many small businesses
and provide minimal public benefit. It is therefore the intent of the legislature
to exempt these boilers from regulation under chapter 70.79 RCW and similar laws adopted by local governments." [1994 c 64 § 1.]
70.79.100
70.79.100 Chief inspector—Qualifications—
Appointment, removal. (1) Within sixty days after the
effective date of this chapter, and at any time thereafter that
the office of the chief inspector may become vacant, the
director of the department of labor and industries shall
appoint a chief inspector who shall have had at the time of
such appointment not less than ten years practical experience
in the construction, maintenance, repair, or operation of high
pressure boilers and unfired pressure vessels, as a mechanical
engineer, steam engineer, boilermaker, or boiler inspector,
and who shall have passed the same kind of examination as
that prescribed for deputy or special inspectors in RCW
70.79.170 to be chief inspector until his successor shall have
been appointed and qualified. Such chief inspector may be
removed for cause after due investigation by the board and its
recommendation to the director of the department of labor
and industries. [1951 c 32 § 10.]
70.79.110
70.79.110 Chief inspector—Duties in general. The
chief inspector, if authorized by the director of the department of labor and industries is hereby charged, directed and
empowered:
(1) To cause the prosecution of all violators of the provisions of this chapter;
(2) To issue, or to suspend, or revoke for cause, inspection certificates as provided for in RCW 70.79.290;
(3) To take action necessary for the enforcement of the
laws of the state governing the use of boilers and unfired
pressure vessels and of the rules and regulations of the board;
(4) To keep a complete record of the type, dimensions,
maximum allowable working pressure, age, condition, location, and date of the last recorded internal inspection of all
[Title 70 RCW—page 151]
70.79.120
Title 70 RCW: Public Health and Safety
boilers and unfired pressure vessels to which this chapter
applies;
(5) To publish and distribute, among manufacturers and
others requesting them, copies of the rules and regulations
adopted by the board. [1951 c 32 § 11.]
70.79.120
70.79.120 Deputy inspectors—Qualifications—
Employment. The director shall employ deputy inspectors
who shall have had at time of appointment not less than five
years practical experience in the construction, maintenance,
repair, or operation of high pressure boilers and unfired pressure vessels as a mechanical engineer, steam engineer, boilermaker, or boiler inspector, and who shall have passed the
examination provided for in RCW 70.79.170. [1994 c 164 §
27; 1951 c 32 § 12.]
70.79.130
70.79.130 Special inspectors—Qualifications—Commission. In addition to the deputy boiler inspectors authorized by RCW 70.79.120, the chief inspector shall, upon the
request of any company authorized to insure against loss
from explosion of boilers and unfired pressure vessels in this
state, or upon the request of any company operating boilers or
unfired pressure vessels in this state, issue to any inspectors
of said company commissions as special inspectors, provided
that each such inspector before receiving his or her commission shall satisfactorily pass the examination provided for in
RCW 70.79.170, or, in lieu of such examination, shall hold a
certificate of competency as an inspector of boilers and
unfired pressure vessels for a state that has a standard of
examination substantially equal to that of this state or a certificate as an inspector of boilers and unfired pressure vessels
from the national board of boiler and pressure vessel inspectors. A commission as a special inspector for a company
operating boilers or unfired pressure vessels in this state shall
be issued only if, in addition to meeting the requirements
stated herein, the inspector is continuously employed by the
company for the purpose of making inspections of boilers or
unfired pressure vessels used, or to be used, by such company. [1999 c 183 § 5; 1951 c 32 § 13.]
70.79.140
70.79.140 Special inspectors—Compensation—Continuance of commission. Special inspectors shall receive no
salary from, nor shall any of their expenses be paid by the
state, and the continuance of a special inspector’s commission shall be conditioned upon his or her continuing in the
employ of a boiler insurance company duly authorized as
aforesaid or upon continuing in the employ of a company
operating boilers or unfired pressure vessels in this state and
upon his or her maintenance of the standards imposed by this
chapter. [1999 c 183 § 6; 1951 c 32 § 14.]
70.79.150
70.79.150 Special inspectors—Inspections—Exempts
from inspection fees. Special inspectors shall inspect all
boilers and unfired pressure vessels insured or operated by
their respective companies and, when so inspected, the owners and users of such insured boilers and unfired pressure vessels shall be exempt from the payment to the state of the
inspection fees as provided for in RCW 70.79.330. [1999 c
183 § 7; 1951 c 32 § 15.]
[Title 70 RCW—page 152]
70.79.160
70.79.160 Report of inspection by special inspector—
Filing. Each company employing special inspectors shall,
within thirty days following each internal or external boiler
or unfired pressure vessel inspection made by such inspectors, file a report of such inspection with the chief inspector
upon appropriate forms. [2005 c 22 § 3; 1999 c 183 § 8; 1951
c 32 § 16.]
70.79.170
70.79.170 Examinations for inspector’s appointment
or commission—Reexamination. Examinations for deputy
or special inspectors shall be in writing and shall be held by
the chief and a member of the board, or by at least two
national board commissioned inspectors. Such examinations
shall be confined to questions the answers to which will aid in
determining the fitness and competency of the applicant for
the intended service. In case an applicant for an inspector’s
appointment or commission fails to pass the examination, he
may appeal to the board for another examination which shall
be given by the chief within ninety days. The record of an
applicant’s examination shall be accessible to said applicant
and his employer. [2005 c 22 § 7; 1951 c 32 § 18.]
70.79.180
70.79.180 Suspension, revocation of inspector’s commission—Grounds—Reinstatement. A commission may
be suspended or revoked after due investigation and recommendation by the board to the director of the department of
labor and industries for the incompetence or untrustworthiness of the holder thereof, or for wilful falsification of any
matter or statement contained in his application or in a report
of any inspection. A person whose commission has been suspended or revoked, except for untrustworthiness, shall be
entitled to apply to the board for reinstatement or, in the case
of a revocation, for a new examination and commission after
ninety days from such revocation. [1951 c 32 § 19.]
70.79.190
70.79.190 Suspension, revocation of commission—
Appeal. A person whose commission has been suspended or
revoked shall be entitled to an appeal as provided in RCW
70.79.361 and to be present in person and/or represented by
counsel on the hearing of the appeal. [2005 c 22 § 5; 1951 c
32 § 20.]
70.79.200
70.79.200 Lost or destroyed certificate or commission. If a certificate or commission is lost or destroyed, a new
certificate or commission shall be issued in its place without
another examination. [1951 c 32 § 21.]
70.79.210
70.79.210 Inspectors—Performance bond required.
The chief inspector shall furnish a bond in the sum of five
thousand dollars and each of the deputy inspectors, employed
and paid by the state, shall furnish a bond in the sum of two
thousand dollars conditioned upon the faithful performance
of their duties and upon a true account of moneys handled by
them respectively and the payment thereof to the proper
recipient. The cost of said bonds shall be paid by the state.
[1951 c 32 § 35.]
70.79.220
70.79.220 Inspections—Who shall make. The inspections herein required shall be made by the chief inspector, by
(2006 Ed.)
Boilers and Unfired Pressure Vessels
a deputy inspector, or by a special inspector provided for in
this chapter. [1951 c 32 § 25.]
70.79.230
70.79.230 Access to premises by inspectors. The chief
inspector, or any deputy or special inspector, shall have free
access, during reasonable hours, to any premises in the state
where a boiler or unfired pressure vessel is being constructed,
or is being installed or operated, for the purpose of ascertaining whether such boiler or unfired pressure vessel is constructed, installed and operated in accordance with the provisions of this chapter. [1951 c 32 § 17.]
70.79.240
70.79.240 Inspection of boilers, unfired pressure vessels—Scope—Frequency. Each boiler and unfired pressure
vessel used or proposed to be used within this state, except
boilers or unfired pressure vessels exempt in RCW 70.79.080
and 70.79.090, shall be thoroughly inspected as to their construction, installation, condition and operation, as follows:
(1) Power boilers shall be inspected annually both internally and externally while not under pressure, except that the
board may provide for longer periods between inspections
where the contents, history, or operation of the power boiler
or the material of which it is constructed warrant special
consideration. Power boilers shall also be inspected annually
externally while under pressure if possible;
(2) Low pressure heating boilers shall be inspected both
internally and externally biennially where construction will
permit;
(3) Unfired pressure vessels subject to internal corrosion
shall be inspected both internally and externally biennially
where construction will permit, except that the board may, in
its discretion, provide for longer periods between inspections;
(4) Unfired pressure vessels not subject to internal corrosion shall be inspected externally at intervals set by the board,
but internal inspections shall not be required of unfired pressure vessels, the contents of which are known to be noncorrosive to the material of which the shell, head, or fittings are
constructed, either from the chemical composition of the contents or from evidence that the contents are adequately treated
with a corrosion inhibitor, provided that such vessels are constructed in accordance with the rules and regulations of the
board or in accordance with standards substantially equivalent to the rules and regulations of the board, in effect at the
time of manufacture. [1993 c 391 § 1; 1951 c 32 § 22.]
70.79.250
70.79.250 Inspection—Frequency—Grace period. In
the case of power boilers a grace period of not more than two
months longer than the period established by the board under
RCW 70.79.240(1) may elapse between internal inspections
of a boiler while not under pressure or between external
inspections of a boiler while under pressure; in the case of
low pressure heating boilers not more than twenty-six months
shall elapse between inspections, and in the case of unfired
pressure vessels not more than two months longer than the
period between inspections prescribed by the board shall
elapse between internal inspections. [1993 c 391 § 2; 1951 c
32 § 23.]
(2006 Ed.)
70.79.300
70.79.260
70.79.260 Inspection—Frequency—Modification by
rules. The rules and regulations formulated by the board
applying to the inspection of unfired pressure vessels may be
modified by the board to reduce or extend the interval
between required inspections where the contents of the vessel
or the material of which it is constructed warrant special consideration. [1951 c 32 § 24.]
70.79.270
70.79.270 Hydrostatic test. If at any time a hydrostatic
test shall be deemed necessary to determine the safety of a
boiler or unfired pressure vessel, [the] same shall be made, at
the discretion of the inspector, by the owner or user thereof.
[1951 c 32 § 26.]
70.79.280
70.79.280 Inspection during construction. All boilers
and all unfired pressure vessels to be installed in this state
after the twelve-month period from the date upon which the
rules of the board shall become effective shall be inspected
during construction as required by the applicable rules of the
board by an inspector authorized to inspect boilers and
unfired pressure vessels in this state, or, if constructed outside of the state, by an inspector holding a certificate from the
national board of boiler and pressure vessel inspectors, or a
certificate of competency as an inspector of boilers and
unfired pressure vessels for a state that has a standard of
examination substantially equal to that of this state as provided in RCW 70.79.170. [1999 c 183 § 9; 1951 c 32 § 27.]
70.79.290
70.79.290 Inspection certificate—Contents—Posting—Fee. If, upon inspection, a boiler or pressure vessel is
found to comply with the rules and regulations of the board,
and upon the appropriate fee payment made directly to the
chief inspector, as required by RCW 70.79.160 or 70.79.330,
the chief inspector shall issue to the owner or user of such a
boiler or pressure vessel an inspection certificate bearing the
date of inspection and specifying the maximum pressure
under which the boiler or pressure vessel may be operated.
Such inspection certificate shall be valid for not more than
fourteen months from its date in the case of power boilers and
twenty-six months in the case of low pressure heating boilers,
and for not more than two months longer than the authorized
inspection period in the case of pressure vessels. Certificates
shall be posted under glass in the room containing the boiler
or pressure vessel inspected. If the boiler or pressure vessel is
not located within a building, the certificate shall be posted in
a location convenient to the boiler or pressure vessel
inspected or, in the case of a portable boiler or pressure vessel, the certificate shall be kept in a protective container to be
fastened to the boiler or pressure vessel or in a tool box
accompanying the boiler or pressure vessel. [1977 ex.s. c
175 § 1; 1970 ex.s. c 21 § 1; 1951 c 32 § 28.]
70.79.300
70.79.300 Inspection certificate invalid on termination of insurance. No inspection certificate issued for an
insured boiler or unfired pressure vessel inspected by a special inspector shall be valid after the boiler or unfired pressure vessel, for which it was issued, shall cease to be insured
by a company duly authorized by this state to carry such
insurance. [1951 c 32 § 29.]
[Title 70 RCW—page 153]
70.79.310
Title 70 RCW: Public Health and Safety
70.79.310 Inspection certificate—Suspension—Reinstatement. The chief inspector, or his or her authorized representative, may at any time suspend an inspection certificate
when, in his or her opinion, the boiler or unfired pressure vessel for which it was issued cannot be operated without menace to the public safety, or when the boiler or unfired pressure
vessel is found not to comply with the rules herein provided.
A special inspector shall have corresponding powers with
respect to inspection certificates for boilers or unfired pressure vessels insured or operated by the company employing
him or her. Such suspension of an inspection certificate shall
continue in effect until such boiler or unfired pressure vessel
shall have been made to conform to the rules of the board,
and until said inspection certificate shall have been reinstated. [1999 c 183 § 10; 1951 c 32 § 30.]
70.79.310
70.79.320 Operating without inspection certificate
prohibited—Penalty. (1) It shall be unlawful for any person, firm, partnership, or corporation to operate under pressure in this state a boiler or unfired pressure vessel, to which
this chapter applies, without a valid inspection certificate as
provided for in this chapter.
(2) The department may assess a penalty against a person
violating a provision of this chapter. The penalty shall be not
more than five hundred dollars. Each day that the violation
continues is a separate violation and is subject to a separate
penalty.
(3) The department may not assess a penalty until it
adopts rules describing the method it will use to calculate
penalties for various violations.
(4) The department shall notify the violator of its action,
and the reasons for its action, in writing. The department
shall send the notice by certified mail to the violator that a
hearing may be requested under RCW 70.79.361. The hearing shall not stay the effect of the penalty. [2005 c 22 § 6;
1986 c 97 § 2; 1951 c 32 § 31.]
70.79.320
chapter 70.79 RCW by the chief inspector as authorized by
law and the expenses incident to the maintenance of the
office. The fund shall be charged with its pro rata share of the
cost of administering the fund which is to be determined by
the director of financial management and by the director of
the department of labor and industries.
During the 2003-2005 fiscal biennium, the legislature
may transfer from the pressure systems safety fund to the
state general fund such amounts as reflect the excess fund
balance of the fund. [2003 1st sp.s. c 25 § 931; 1979 c 151 §
171; 1977 ex.s. c 175 § 3; 1951 c 32 § 34.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
70.79.361
70.79.361 Board determinations—Appeals. (1) No
person, firm, partnership, corporation, or other entity may
install or maintain any standards that violate this chapter. In
cases where the interpretation and application of the installation or maintenance standards prescribed in this chapter is in
dispute, the board shall determine the methods of installation
or maintenance to be used in the particular case submitted for
its decision. To appeal the board’s decision, a person, firm,
partnership, corporation, or other entity shall, in writing,
notify the chief boiler inspector. The notice shall specify the
ruling or interpretation desired and the contention of the person, firm, partnership, corporation, or other entity as to the
proper interpretation or application on the question on which
a decision is desired.
(2) Any person, firm, partnership, corporation, or other
entity wishing to appeal a penalty issued under this chapter
may appeal to the board. The appeal shall be filed within
twenty days after service of the notice of the penalty to the
assessed party by filing a written notice of appeal with the
chief boiler inspector. The hearing and review procedures
shall be conducted by the board in accordance with chapter
34.05 RCW. [2005 c 22 § 4.]
70.79.330 Inspection fees—Expenses—Schedules.
The owner or user of a boiler or pressure vessel required by
this chapter to be inspected by the chief inspector, or his deputy inspector, shall pay directly to the chief inspector, upon
completion of inspection, fees and expenses in accordance
with a schedule adopted by the board and approved by the
director of the department of labor and industries in accordance with the requirements of the Administrative Procedure
Act, chapter 34.05 RCW. [1977 ex.s. c 175 § 2; 1970 ex.s. c
21 § 2; 1963 c 217 § 1; 1951 c 32 § 32.]
70.79.900 Severability—1951 c 32. The fact that any
section, subsection, sentence, clause, or phrase of this chapter
is declared unconstitutional or invalid for any reason shall not
affect the remaining portions of this chapter. [1951 c 32 §
37.]
70.79.350 Inspection fees—Receipts for—Pressure
systems safety fund. The chief inspector shall give an official receipt for all fees required by chapter 70.79 RCW and
shall transfer all sums so received to the treasurer of the state
of Washington as ex officio custodian thereof and the treasurer shall place all sums in a special fund hereby created and
designated as the "pressure systems safety fund". Funds shall
be paid out upon vouchers duly and regularly issued therefor
and approved by the director of the department of labor and
industries. The treasurer, as ex officio custodian of the fund,
shall keep an accurate record of any payments into the fund,
and of all disbursements therefrom. The fund shall be used
exclusively to defray only the expenses of administering
70.82.010
70.82.021
70.82.022
70.79.330
70.79.350
[Title 70 RCW—page 154]
70.79.900
Chapter 70.82
Chapter 70.82 RCW
CEREBRAL PALSY PROGRAM
Sections
70.82.023
70.82.024
70.82.030
70.82.040
70.82.050
Purpose and aim of program.
Cerebral palsy fund—Moneys transferred to general fund.
Cerebral palsy fund—Appropriations to be paid from general
fund.
Cerebral palsy fund—Abolished.
Cerebral palsy fund—Warrants to be paid from general fund.
Eligibility.
Diagnosis.
Powers, duties, functions, unallocated funds, transferred.
70.82.010
70.82.010 Purpose and aim of program. It is hereby
declared to be of vital concern to the state of Washington that
all persons who are bona fide residents of the state of Washington and who are afflicted with cerebral palsy in any degree
be provided with facilities and a program of service for med(2006 Ed.)
Phenylketonuria and Other Preventable Heritable Disorders
ical care, education, treatment and training to enable them to
become normal individuals. In order to effectively accomplish such purpose the department of social and health services, hereinafter called the department, is authorized and
instructed and it shall be its duty to establish and administer
facilities and a program of service for the discovery, care,
education, hospitalization, treatment and training of educable
persons afflicted with cerebral palsy, and to provide in connection therewith nursing, medical, surgical and corrective
care, together with academic, occupational and related training. Such program shall extend to developing, extending and
improving service for the discovery of such persons and for
diagnostication and hospitalization and shall include cooperation with other agencies of the state charged with the administration of laws providing for any type of service or aid to
handicapped persons, and with the United States government
through any appropriate agency or instrumentality in developing, extending and improving such service, program and
facilities. Such facilities shall include field clinics, diagnosis
and observation centers, boarding schools, special classes in
day schools, research facilities and such other facilities as
shall be required to render appropriate aid to such persons.
Existing facilities, buildings, hospitals and equipment
belonging to or operated by the state of Washington shall be
made available for these purposes when use therefor does not
conflict with the primary use of such existing facilities. Existing buildings, facilities and equipment belonging to private
persons, firms or corporations or to the United States government may be acquired or leased. [1974 ex.s. c 91 § 2; 1947 c
240 § 1; Rem. Supp. 1947 § 5547-1.]
Severability—1974 ex.s. c 91: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 91 § 8.]
Effective date—1974 ex.s. c 91: "This 1974 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and
shall take effect immediately: PROVIDED, That sections 2 through 5 of this
1974 amendatory act shall not take effect until July 1, 1974." [1974 ex.s. c
91 § 7.]
Severability—1947 c 240: "If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of the act which can be given
effect without the invalid provisions or application." [1947 c 240 § 5.]
70.82.021
70.82.021 Cerebral palsy fund—Moneys transferred
to general fund. All moneys in the state treasury to the
credit of the state cerebral palsy fund on the first day of May,
1955, and all moneys thereafter paid into the state treasury
for or to the credit of the state cerebral palsy fund, shall be
and are hereby transferred to and placed in the general fund.
[1955 c 326 § 1.]
70.82.022
70.82.022 Cerebral palsy fund—Appropriations to
be paid from general fund. From and after the first day of
April, 1955, all appropriations made by the thirty-fourth legislature from the state cerebral palsy fund shall be paid out of
moneys in the general fund. [1955 c 326 § 2.]
70.82.023
70.82.023 Cerebral palsy fund—Abolished. From
and after the first day of May, 1955, the state cerebral palsy
fund is abolished. [1955 c 326 § 3.]
(2006 Ed.)
Chapter 70.83
70.82.024
70.82.024 Cerebral palsy fund—Warrants to be paid
from general fund. From and after the first day of May,
1955, all warrants drawn on the state cerebral palsy fund and
not presented for payment shall be paid from the general
fund, and it shall be the duty of the state treasurer and he is
hereby directed to pay such warrants when presented from
the general fund. [1955 c 326 § 4.]
70.82.030
70.82.030 Eligibility. Any resident of this state who is
educable but so severely handicapped as the result of cerebral
palsy that he is unable to take advantage of the regular system
of free education of this state may be admitted to or be eligible for any service and facilities provided hereunder, provided such resident has lived in this state continuously for
more than one year before his application for such admission
or eligibility. [1947 c 240 § 3; Rem. Supp. 1947 § 5547-2.]
70.82.040
70.82.040 Diagnosis. Persons shall be admitted to or be
eligible for the services and facilities provided herein only
after diagnosis according to procedures and regulations
established and approved for this purpose by the department
of social and health services. [1974 ex.s. c 91 § 3; 1947 c 240
§ 4; Rem. Supp. 1947 § 5547-3.]
Severability—Effective date—1974 ex.s. c 91: See notes following
RCW 70.82.010.
70.82.050
70.82.050 Powers, duties, functions, unallocated
funds, transferred. All powers, duties and functions of the
superintendent of public instruction or the state board of education relating to the Cerebral Palsy Center as referred to in
chapter 39, Laws of 1973 2nd ex. sess. shall be transferred to
the department of social and health services as created in
chapter 43.20A RCW, and all unallocated funds within any
account to the credit of the superintendent of public instruction or the state board of education for purposes of such Cerebral Palsy Center shall be transferred effective July 1, 1974 to
the credit of the department of social and health services,
which department shall hereafter expend such funds for such
Cerebral Palsy Center purposes as contemplated in the appropriations therefor. All employees of the Cerebral Palsy Center on July 1, 1974 who are classified employees under chapter 41.06 RCW, the state civil service law, shall be assigned
and transferred to the department of social and health services
to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that
may be appropriate thereafter in accordance with the laws
and rules governing the state civil service law. [1974 ex.s. c
91 § 4.]
Severability—Effective date—1974 ex.s. c 91: See notes following
RCW 70.82.010.
Chapter 70.83 RCW
PHENYLKETONURIA AND OTHER PREVENTABLE
HERITABLE DISORDERS
Chapter 70.83
Sections
70.83.010
70.83.020
70.83.030
70.83.040
70.83.050
Declaration of policy and purpose.
Screening tests of newborn infants.
Report of positive test to department of health.
Services and facilities of state agencies made available to families and physicians—Fees.
Rules and regulations to be adopted by state board of health.
[Title 70 RCW—page 155]
70.83.010
Title 70 RCW: Public Health and Safety
Reviser’s note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
70.83.010
70.83.010 Declaration of policy and purpose. It is
hereby declared to be the policy of the state of Washington to
make every effort to detect as early as feasible and to prevent
where possible phenylketonuria and other preventable heritable disorders leading to developmental disabilities or physical defects. [1977 ex.s. c 80 § 40; 1967 c 82 § 1.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
70.83.020
70.83.020 Screening tests of newborn infants. It shall
be the duty of the department of health to require screening
tests of all newborn infants before they are discharged from
the hospital for the detection of phenylketonuria and other
heritable or metabolic disorders leading to mental retardation
or physical defects as defined by the state board of health:
PROVIDED, That no such tests shall be given to any newborn infant whose parents or guardian object thereto on the
grounds that such tests conflict with their religious tenets and
practices. [1991 c 3 § 348; 1975-’76 2nd ex.s. c 27 § 1; 1967
c 82 § 2.]
70.83.030
70.83.030 Report of positive test to department of
health. Laboratories, attending physicians, hospital administrators, or other persons performing or requesting the performance of tests for phenylketonuria shall report to the department of health all positive tests. The state board of health by
rule shall, when it deems appropriate, require that positive
tests for other heritable and metabolic disorders covered by
this chapter be reported to the state department of health by
such persons or agencies requesting or performing such tests.
[1991 c 3 § 349; 1979 c 141 § 113; 1967 c 82 § 3.]
70.83.040
70.83.040 Services and facilities of state agencies
made available to families and physicians—Fees. When
notified of positive screening tests, the state department of
health shall offer the use of its services and facilities,
designed to prevent mental retardation or physical defects in
such children, to the attending physician, or the parents of the
newborn child if no attending physician can be identified.
The services and facilities of the department, and other
state and local agencies cooperating with the department in
carrying out programs of detection and prevention of mental
retardation and physical defects shall be made available to
the family and physician to the extent required in order to
carry out the intent of this chapter and within the availability
of funds. The department has the authority to collect a reasonable fee, from the parents or other responsible party of
each infant screened to fund specialty clinics that provide
treatment services for hemoglobin diseases, phenylketonuria,
congenital adrenal hyperplasia, congenital hypothyroidism,
and, during the 2005-07 fiscal biennium, other disorders
defined by the board of health under RCW 70.83.020. The
fee may be collected through the facility where the screening
specimen is obtained. [2005 c 518 § 938; 1999 c 76 § 1; 1991
c 3 § 350; 1979 c 141 § 114; 1967 c 82 § 4.]
Severability—Effective date—2005 c 518: See notes following RCW
28A.305.210.
[Title 70 RCW—page 156]
70.83.050
70.83.050 Rules and regulations to be adopted by
state board of health. The state board of health shall adopt
rules and regulations necessary to carry out the intent of this
chapter. [1967 c 82 § 5.]
Chapter 70.83C
Chapter 70.83C RCW
ALCOHOL AND DRUG USE TREATMENT
ASSOCIATED WITH PREGNANCY— FETAL
ALCOHOL SYNDROME
Sections
70.83C.005 Intent.
70.83C.010 Definitions.
70.83C.020 Prevention strategies.
70.83C.005
70.83C.005 Intent. The legislature recognizes that the
use of alcohol and other drugs during pregnancy can cause
medical, psychological, and social problems for women and
infants. The legislature further recognizes that communities
are increasingly concerned about this problem and the associated costs to the mothers, infants, and society as a whole. The
legislature recognizes that the department of health and other
agencies are focusing on primary prevention activities to
reduce the use of alcohol or drugs during pregnancy but few
efforts have focused on secondary prevention efforts aimed at
intervening in the lives of women already involved in the use
of alcohol or other drugs during pregnancy. The legislature
recognizes that the best way to prevent problems for chemically dependent pregnant women and their resulting children
is to engage the women in alcohol or drug treatment. The legislature acknowledges that treatment professionals find pretreatment services to clients to be important in engaging
women in alcohol or drug treatment. The legislature further
recognizes that pretreatment services should be provided at
locations where chemically dependent women are likely to be
found, including public health clinics and domestic violence
or homeless shelters. Therefore the legislature intends to prevent the detrimental effects of alcohol or other drug use to
women and their resulting infants by promoting the establishment of local programs to help facilitate a woman’s entry into
alcohol or other drug treatment. These programs shall provide secondary prevention services and provision of opportunities for immediate treatment so that women who seek help
are welcomed rather than ostracized. [1993 c 422 § 3.]
Finding—1993 c 422: See note following RCW 66.16.110.
70.83C.010
70.83C.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Alcoholism" means a disease, characterized by a
dependency on alcoholic beverages, loss of control over the
amount and circumstances of alcohol use, symptoms of tolerance, physiological or psychological withdrawal, or both, if
use is reduced or discontinued, and impairment of health or
disruption of social or economic functioning.
(2) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health
services as meeting standards adopted under this chapter.
(2006 Ed.)
Prenatal Newborn Screening for Exposure to Harmful Drugs
(3) "Assessment" means an interview with an individual
to determine if he or she is chemically dependent and in need
of referral to an approved treatment program.
(4) "Chemically dependent individual" means someone
suffering from alcoholism or drug addiction, or dependence
on alcohol or one or more other psychoactive chemicals.
(5) "Department" means the department of social and
health services.
(6) "Domestic violence" is a categorization of offenses,
as defined in RCW 10.99.020, committed by one family or
household member against another.
(7) "Domestic violence program" means a shelter or
other program which provides services to victims of domestic
violence.
(8) "Drug addiction" means a disease characterized by a
dependency on psychoactive chemicals, loss of control over
the amount and circumstances of use, symptoms of tolerance,
physiological or psychological withdrawal, or both, if use is
reduced or discontinued, and impairment of health or disruptions of social or economic functioning.
(9) "Family or household members" means a family or
household member as defined in RCW 10.99.020.
(10) "Pretreatment" means the period of time prior to an
individual’s enrollment in alcohol or drug treatment.
(11) "Pretreatment services" means activities taking
place prior to treatment that include identification of individuals using alcohol or drugs, education, assessment of their
use, evaluation of need for treatment, referral to an approved
treatment program, and advocacy on a client’s behalf with
social service agencies or others to ensure and coordinate a
client’s entry into treatment.
(12) "Primary prevention" means providing information
about the effects of alcohol or drug use to individuals so they
will avoid using these substances.
(13) "Secondary prevention" means identifying and
obtaining an assessment on individuals using alcohol or other
drugs for referral to treatment when indicated.
(14) "Secretary" means the secretary of the department
of social and health services.
(15) "Treatment" means the broad range of emergency
detoxification, residential, and outpatient services and care,
including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological,
and social service care, vocational rehabilitation, and career
counseling, that may be extended to chemically dependent
individuals and their families.
(16) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care,
treatment, or rehabilitation of chemically dependent individuals. [1993 c 422 § 4.]
Finding—1993 c 422: See note following RCW 66.16.110.
70.83C.020
70.83C.020 Prevention strategies. The secretary shall
develop and promote statewide secondary prevention strategies designed to increase the use of alcohol and drug treatment services by women of child-bearing age, before, during,
and immediately after pregnancy. These efforts are conducted through the division of alcohol and substance abuse.
The secretary shall:
(2006 Ed.)
70.83E.030
(1) Promote development of three pilot demonstration
projects in the state to be called pretreatment projects for
women of child bearing age.
(2) Ensure that two of the projects are located in public
health department clinics that provide maternity services and
one is located with a domestic violence program.
(3) Hire three certified chemical dependency counselors
to work as substance abuse educators in each of the three
demonstration projects. The counselors may rotate between
more than one clinic or domestic violence program. The
chemical dependency counselor for the domestic violence
program shall also be trained in domestic violence issues.
(4) Ensure that the duties and activities of the certified
chemical dependency counselors include, at a minimum, the
following:
(a) Identifying substance-using pregnant women in the
health clinics and domestic violence programs;
(b) Educating the women and agency staff on the effects
of alcohol or drugs on health, pregnancy, and unborn children;
(c) Determining the extent of the women’s substance
use;
(d) Evaluating the women’s need for treatment;
(e) Making referrals for chemical dependency treatment
if indicated;
(f) Facilitating the women’s entry into treatment; and
(g) Advocating on the client’s behalf with other social
service agencies or others to ensure and coordinate clients
into treatment.
(5) Ensure that administrative costs of the department are
limited to ten percent of the funds appropriated for the
project. [1993 c 422 § 5.]
Finding—1993 c 422: See note following RCW 66.16.110.
Chapter 70.83E RCW
PRENATAL NEWBORN SCREENING FOR
EXPOSURE TO HARMFUL DRUGS
Chapter 70.83E
Sections
70.83E.010 Declaration—Policy.
70.83E.020 Screening criteria, training protocols—Development of.
70.83E.030 Department of health—Duties.
70.83E.010 Declaration—Policy. The policy of the
state of Washington is to make every effort to detect as early
as feasible and to prevent where possible preventable disorders resulting from parental use of alcohol and drugs. [1998
c 93 § 1.]
70.83E.010
70.83E.020 Screening criteria, training protocols—
Development of. The department of health, in consultation
with appropriate medical professionals, shall develop screening criteria for use in identifying pregnant or lactating women
addicted to drugs or alcohol who are at risk of producing a
drug-affected baby. The department shall also develop training protocols for medical professionals related to the identification and screening of women at risk of producing a drugaffected baby. [1998 c 93 § 2.]
70.83E.020
70.83E.030 Department of health—Duties. The
department of health shall investigate the feasibility of medi70.83E.030
[Title 70 RCW—page 157]
Chapter 70.84
Title 70 RCW: Public Health and Safety
cal protocols for laboratory testing or other screening of newborn infants for exposure to alcohol or drugs. The department
of health shall consider how to improve the current system
with respect to testing, considering such variables as whether
such testing is available, its cost, which entity is currently
responsible for ordering testing, and whether testing should
be mandatory or targeted. [1998 c 93 § 3.]
Chapter 70.84 RCW
BLIND, HANDICAPPED, AND DISABLED
PERSONS—"WHITE CANE LAW"
Chapter 70.84
Sections
70.84.010
70.84.020
70.84.021
70.84.040
70.84.050
70.84.060
70.84.070
70.84.080
70.84.900
Declaration—Policy.
"Dog guide" defined.
"Service animal" defined.
Precautions for drivers of motor vehicles approaching pedestrian who is using a white cane, dog guide, or service animal.
Handicapped pedestrians not carrying white cane or using dog
guide—Rights and privileges.
Unauthorized use of white cane, dog guide, or service animal.
Penalty for violations.
Employment of blind or other handicapped persons in public
service.
Short title.
Dog guide or service animal, interfering with: RCW 9.91.170.
70.84.010
70.84.010 Declaration—Policy. The legislature
declares:
(1) It is the policy of this state to encourage and enable
the blind, the visually handicapped, the hearing impaired, and
the otherwise physically disabled to participate fully in the
social and economic life of the state, and to engage in remunerative employment.
(2) As citizens, the blind, the visually handicapped, the
hearing impaired, and the otherwise physically disabled have
the same rights as the able-bodied to the full and free use of
the streets, highways, walkways, public buildings, public
facilities, and other public places.
(3) The blind, the visually handicapped, the hearing
impaired, and the otherwise physically disabled are entitled
to full and equal accommodations, advantages, facilities, and
privileges on common carriers, airplanes, motor vehicles,
railroad trains, motor buses, street cars, boats, and all other
public conveyances, as well as in hotels, lodging places,
places of public resort, accommodation, assemblage or
amusement, and all other places to which the general public
is invited, subject only to the conditions and limitations
established by law and applicable alike to all persons. [1980
c 109 § 1; 1969 c 141 § 1.]
70.84.020
70.84.020 "Dog guide" defined. For the purpose of
this chapter, the term "dog guide" means a dog that is trained
for the purpose of guiding blind persons or a dog trained for
the purpose of assisting hearing impaired persons. [1997 c
271 § 18; 1980 c 109 § 2; 1969 c 141 § 2.]
70.84.021
70.84.021 "Service animal" defined. For the purpose
of this chapter, "service animal" means an animal that is
trained for the purposes of assisting or accommodating a disabled person’s sensory, mental, or physical disability. [1997
c 271 § 19; 1985 c 90 § 1.]
[Title 70 RCW—page 158]
70.84.040
70.84.040 Precautions for drivers of motor vehicles
approaching pedestrian who is using a white cane, dog
guide, or service animal. The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a
cane predominantly white in color (with or without a red tip),
a totally or partially blind or hearing impaired pedestrian
using a dog guide, or an otherwise physically disabled person
using a service animal shall take all necessary precautions to
avoid injury to such pedestrian. Any driver who fails to take
such precaution shall be liable in damages for any injury
caused such pedestrian. It shall be unlawful for the operator
of any vehicle to drive into or upon any crosswalk while there
is on such crosswalk, such pedestrian, crossing or attempting
to cross the roadway, if such pedestrian is using a white cane,
using a dog guide, or using a service animal. The failure of
any such pedestrian so to signal shall not deprive him of the
right of way accorded him by other laws. [1997 c 271 § 20;
1985 c 90 § 3; 1980 c 109 § 4; 1971 ex.s. c 77 § 1; 1969 c 141
§ 4.]
70.84.050
70.84.050 Handicapped pedestrians not carrying
white cane or using dog guide—Rights and privileges. A
totally or partially blind pedestrian not carrying a white cane
or a totally or partially blind or hearing impaired pedestrian
not using a dog guide in any of the places, accommodations,
or conveyances listed in RCW 70.84.010, shall have all of the
rights and privileges conferred by law on other persons.
[1997 c 271 § 21; 1980 c 109 § 5; 1969 c 141 § 5.]
70.84.060
70.84.060 Unauthorized use of white cane, dog guide,
or service animal. It shall be unlawful for any pedestrian
who is not totally or partially blind to use a white cane or any
pedestrian who is not totally or partially blind or is not hearing impaired to use a dog guide or any pedestrian who is not
otherwise physically disabled to use a service animal in any
of the places, accommodations, or conveyances listed in
RCW 70.84.010 for the purpose of securing the rights and
privileges accorded by the chapter to totally or partially blind,
hearing impaired, or otherwise physically disabled people.
[1997 c 271 § 22; 1985 c 90 § 4; 1980 c 109 § 6; 1969 c 141
§ 6.]
70.84.070
70.84.070 Penalty for violations. Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation, who denies or interferes with
admittance to or enjoyment of the public facilities enumerated in RCW 70.84.010, or otherwise interferes with the
rights of a totally or partially blind, hearing impaired, or otherwise physically disabled person as set forth in RCW
70.84.010 shall be guilty of a misdemeanor. [1985 c 90 § 5;
1980 c 109 § 7; 1969 c 141 § 7.]
70.84.080
70.84.080 Employment of blind or other handicapped persons in public service. In accordance with the
policy set forth in RCW 70.84.010, the blind, the visually
handicapped, the hearing impaired, and the otherwise physically disabled shall be employed in the state service, in the
service of the political subdivisions of the state, in the public
schools, and in all other employment supported in whole or in
part by public funds on the same terms and conditions as the
(2006 Ed.)
Emergency Party Line Telephone Calls
able-bodied, unless it is shown that the particular disability
prevents the performance of the work involved. [1980 c 109
§ 8; 1969 c 141 § 9.]
70.84.900
70.84.900 Short title. This chapter shall be known and
may be cited as the "White Cane Law." [1969 c 141 § 11.]
Chapter 70.85 RCW
EMERGENCY PARTY LINE TELEPHONE CALLS—
LIMITING TELEPHONE COMMUNICATION IN
HOSTAGE SITUATIONS
Chapter 70.85
Sections
70.85.010
70.85.020
70.85.030
70.85.040
70.85.100
70.85.110
70.85.120
70.85.130
Definitions.
Refusal to yield line—Penalty.
Request for line on pretext of emergency—Penalty.
Telephone directories—Notice.
Authority to isolate telephones in barricade or hostage situation—Definitions.
Telephone companies to provide contacting information.
Liability of telephone company.
Applicability.
Call to operator without charge or coin insertion be provided: RCW
80.36.225.
Fraud in operating coin-box telephone: RCW 9.26A.120.
Telecommunications companies: Chapter 80.36 RCW.
70.85.010
70.85.010 Definitions. "Party line" means a subscribers’ line telephone circuit, consisting of two or more main
telephone stations connected therewith, each station with a
distinctive ring or telephone number.
"Emergency" means a situation in which property or
human life are in jeopardy and the prompt summoning of aid
is essential. [1953 c 25 § 1.]
70.85.020
70.85.020 Refusal to yield line—Penalty. Any person
who shall wilfully refuse to yield or surrender the use of a
party line to another person for the purpose of permitting
such other person to report a fire or summon police, medical
or other aid in case of emergency, shall be deemed guilty of a
misdemeanor. [1953 c 25 § 2.]
70.85.030
70.85.030 Request for line on pretext of emergency—
Penalty. Any person who shall ask for or request the use of
a party line on pretext that an emergency exists, knowing that
no emergency in fact exists, shall be deemed guilty of a misdemeanor. [1953 c 25 § 3.]
70.85.040
70.85.040 Telephone directories—Notice. After September 9, 1953, every telephone directory thereafter distributed to the members of the general public shall contain a
notice which explains this chapter, such notice to be printed
in type which is no smaller than any other type on the same
page and to be preceded by the word "warning": PROVIDED, That the provisions of this section shall not apply to
those directories distributed solely for business advertising
purposes, commonly known as classified directories. [1953 c
25 § 4.]
Chapter 70.86
graphical area who reasonably believes that a person is barricaded, or one or more persons are holding another person or
persons hostage within that area may order a telephone company employee designated pursuant to RCW 70.85.110 to
arrange to cut, reroute, or divert telephone lines for the purpose of preventing telephone communications between the
barricaded person or hostage holder and any person other
than a peace officer or a person authorized by the peace
officer.
(2) As used in this section:
(a) A "hostage holder" is one who commits or attempts to
commit any of the offenses described in RCW 9A.40.020,
9A.40.030, or 9A.40.040; and
(b) A "barricaded person" is one who establishes a
perimeter around an area from which others are excluded and
either:
(i) Is committing or is immediately fleeing from the
commission of a violent felony; or
(ii) Is threatening or has immediately prior threatened a
violent felony or suicide; or
(iii) Is creating or has created the likelihood of serious
harm within the meaning of chapter 71.05 RCW relating to
mental illness. [1985 c 260 § 1; 1979 c 28 § 1.]
70.85.110 Telephone companies to provide contacting information. The telephone company providing service
within the geographical jurisdiction of a law enforcement
unit shall inform law enforcement agencies of the address
and telephone number of its security office or other designated office to provide all required assistance to law enforcement officials to carry out the purpose of RCW 70.85.100
through 70.85.130. The designation shall be in writing and
shall provide the telephone number or numbers through
which the security representative or other telephone company
official can be reached at any time. This information shall be
served upon all law enforcement units having jurisdiction in
a geographical area. Any change in address or telephone
number or identity of the telephone company office to be
contacted to provide required assistance shall be served upon
all law enforcement units in the affected geographical area.
[1979 c 28 § 2.]
70.85.110
70.85.120 Liability of telephone company. Good faith
reliance on an order given under RCW 70.85.100 through
70.85.130 by a supervising law enforcement official shall
constitute a complete defense to any civil or criminal action
arising out of such ordered cutting, rerouting or diverting of
telephone lines. [1979 c 28 § 3.]
70.85.120
70.85.130 Applicability. RCW 70.85.100 through
70.85.120 will govern notwithstanding the provisions of any
other section of this chapter and notwithstanding the provisions of chapter 9.73 RCW. [1979 c 28 § 4.]
70.85.130
Chapter 70.86 RCW
EARTHQUAKE STANDARDS FOR CONSTRUCTION
Chapter 70.86
(Formerly: Earthquake resistance standards)
70.85.100
70.85.100 Authority to isolate telephones in barricade or hostage situation—Definitions. (1) The supervising law enforcement official having jurisdiction in a geo(2006 Ed.)
Sections
70.86.010
70.86.020
Definitions.
Buildings to resist earthquake intensities.
[Title 70 RCW—page 159]
70.86.010
70.86.030
70.86.040
Title 70 RCW: Public Health and Safety
Standards for design and construction.
Penalty.
70.86.010 Definitions. The word "person" includes any
individual, corporation, or group of two or more individuals
acting together for a common purpose, whether acting in an
individual, representative, or official capacity. [1955 c 278 §
1.]
70.87.140
70.87.145
70.86.010
70.86.020 Buildings to resist earthquake intensities.
Hospitals, schools, except one story, portable, frame school
buildings, buildings designed or constructed as places of
assembly accommodating more than three hundred persons;
and all structures owned by the state, county, special districts,
or any municipal corporation within the state of Washington
shall hereafter be designed and constructed to resist probable
earthquake intensities at the location thereof in accordance
with RCW 70.86.030, unless other standards of design and
construction for earthquake resistance are prescribed by
enactments of the legislative authority of counties, special
districts, and/or municipal corporations in which the structure
is constructed. [1955 c 278 § 2.]
70.86.020
70.87.170
70.87.180
70.87.185
70.87.190
70.87.200
70.87.205
70.87.210
70.87.220
70.87.230
70.87.240
70.87.245
70.87.250
70.87.260
70.87.270
70.87.280
70.87.290
70.87.305
70.87.900
Operation without permit enjoinable.
Order to discontinue operation—Notice—Conditions—Contents of order—Recision of order—Violation—Penalty—
Random inspections.
Review of department action in accordance with administrative procedure act.
Violations.
Penalty for violation of chapter—Rules—Notice.
Accidents—Report and investigation—Cessation of use—
Removal of damaged parts.
Exemptions.
Resolution of disputes by arbitration—Appointment of arbitrators—Procedure—Decision—Enforcement.
Disposition of revenue.
Elevator safety advisory committee.
Conveyance work—Who may perform.
Elevator contractor license, elevator mechanic license—Qualifications—Reciprocity.
Material lift mechanic license.
Licenses—Renewals—Fees—Temporary licenses—Continuing education—Records.
Liability not limited or assumed by state.
Exemptions from licensure.
License categories—Rules.
Rules—Effective date.
Private residence conveyances—Licensing requirements—
Rules.
Severability.
State building code: Chapter 19.27 RCW.
70.86.030 Standards for design and construction.
Structural frames, exterior walls, and all appendages of the
buildings described in RCW 70.86.020, whose collapse will
endanger life and property shall be designed and constructed
to withstand horizontal forces from any direction of not less
than the following fractions of the weight of the structure and
its parts acting at the centers of gravity:
Western Washington 0.05. [1955 c 278 § 3.]
70.86.030
70.86.040 Penalty. Any person violating any provision
of this chapter shall be guilty of a misdemeanor: PROVIDED, That any person causing such a building to be built
shall be entitled to rely on the certificate of a licensed professional engineer and/or registered architect that the standards
of design set forth above have been met. [1955 c 278 § 4.]
70.86.040
Chapter 70.87
Chapter 70.87 RCW
ELEVATORS, LIFTING DEVICES, AND
MOVING WALKS
Sections
70.87.010
70.87.020
70.87.030
70.87.034
70.87.036
70.87.040
70.87.050
70.87.060
70.87.070
70.87.080
70.87.090
70.87.100
70.87.110
70.87.120
70.87.125
Definitions.
Conveyances to be safe and in conformity with law.
Rules.
Additional powers of department.
Powers of attorney general.
Privately and publicly owned conveyances are subject to chapter.
Conveyances in buildings occupied by state, county, or political subdivision.
Responsibility for operation and maintenance of equipment
and for periodic tests.
Serial numbers.
Permits—When required—Application for—Posting.
Operating permits—Limited permits—Duration—Posting.
Conveyance work to be performed by elevator contractors—
Acceptance tests—Inspections.
Exceptions authorized.
Inspectors—Inspections and reinspections—Suspension or
revocation of permit—Order to discontinue use—Penalties—Investigation by department.
Suspension or revocation of license or permit—Grounds—
Notice—Stay of suspension or revocation—Removal of suspension or reinstatement of license or permit.
[Title 70 RCW—page 160]
70.87.010
70.87.010 Definitions. For the purposes of this chapter,
except where a different interpretation is required by the context:
(1) "Owner" means any person having title to or control
of a conveyance, as guardian, trustee, lessee, or otherwise;
(2) "Conveyance" means an elevator, escalator, dumbwaiter, belt manlift, automobile parking elevator, moving
walk, and other elevating devices, as defined in this section;
(3) "Existing installations" means an installation defined
as an "installation, existing" in this chapter or in rules adopted
under this chapter;
(4) "Elevator" means a hoisting or lowering machine
equipped with a car or platform that moves in guides and
serves two or more floors or landings of a building or structure;
(a) "Passenger elevator" means an elevator (i) on which
passengers are permitted to ride and (ii) that may be used to
carry freight or materials when the load carried does not
exceed the capacity of the elevator;
(b) "Freight elevator" means an elevator (i) used primarily for carrying freight and (ii) on which only the operator,
the persons necessary for loading and unloading, and other
employees approved by the department are permitted to ride;
(c) "Sidewalk elevator" means a freight elevator that: (i)
Operates between a sidewalk or other area outside the building and floor levels inside the building below the outside
area, (ii) does not have a landing opening into the building at
its upper limit of travel, and (iii) is not used to carry automobiles;
(d) "Hand elevator" means an elevator utilizing manual
energy to move the car;
(e) "Inclined elevator" means an elevator that travels at
an angle of inclination of seventy degrees or less from the
horizontal;
(f) "Multideck elevator" means an elevator having two or
more compartments located one immediately above the
other;
(2006 Ed.)
Elevators, Lifting Devices, and Moving Walks
(g) "Observation elevator" means an elevator designed to
permit exterior viewing by passengers while the car is traveling;
(h) "Power elevator" means an elevator utilizing energy
other than gravitational or manual to move the car;
(i) "Electric elevator" means an elevator where the
energy is applied by means of an electric driving machine;
(j) "Hydraulic elevator" means an elevator where the
energy is applied by means of a liquid under pressure in a cylinder equipped with a plunger or piston;
(k) "Direct-plunger hydraulic elevator" means a hydraulic elevator having a plunger or cylinder directly attached to
the car frame or platform;
(l) "Electro-hydraulic elevator" means a direct-plunger
elevator where liquid is pumped under pressure directly into
the cylinder by a pump driven by an electric motor;
(m) "Maintained-pressure hydraulic elevator" means a
direct-plunger elevator where liquid under pressure is available at all times for transfer into the cylinder;
(n) "Roped hydraulic elevator" means a hydraulic elevator having its plunger or piston connected to the car with wire
ropes or indirectly coupled to the car by means of wire ropes
and sheaves;
(o) "Rack and pinion elevator" means a power elevator,
with or without a counterweight, that is supported, raised, and
lowered by a motor or motors that drive a pinion or pinions
on a stationary rack mounted in the hoistway;
(p) "Screw column elevator" means a power elevator
having an uncounterweighted car that is supported, raised,
and lowered by means of a screw thread;
(q) "Rooftop elevator" means a power passenger or
freight elevator that operates between a landing at roof level
and one landing below and opens onto the exterior roof level
of a building through a horizontal opening;
(r) "Special purpose personnel elevator" means an elevator that is limited in size, capacity, and speed, and permanently installed in structures such as grain elevators, radio
antenna, bridge towers, underground facilities, dams, power
plants, and similar structures to provide vertical transportation of authorized personnel and their tools and equipment
only;
(s) "Workmen’s construction elevator" means an elevator that is not part of the permanent structure of a building and
is used to raise and lower workers and other persons connected with, or related to, the building project;
(t) "Boat launching elevator" means a conveyance that
serves a boat launching structure and a beach or water surface
and is used for the carrying or handling of boats in which people ride;
(u) "Limited-use/limited-application elevator" means a
power passenger elevator where the use and application is
limited by size, capacity, speed, and rise, intended principally
to provide vertical transportation for people with physical
disabilities;
(5) "Escalator" means a power-driven, inclined, continuous stairway used for raising and lowering passengers;
(6) "Dumbwaiter" means a hoisting and lowering mechanism equipped with a car (a) that moves in guides in a substantially vertical direction, (b) the floor area of which does
not exceed nine square feet, (c) the inside height of which
does not exceed four feet, (d) the capacity of which does not
(2006 Ed.)
70.87.010
exceed five hundred pounds, and (e) that is used exclusively
for carrying materials;
(7) "Automobile parking elevator" means an elevator:
(a) Located in either a stationary or horizontally moving
hoistway; (b) used exclusively for parking automobiles
where, during the parking process, each automobile is moved
either under its own power or by means of a power-driven
transfer device onto and off the elevator directly into parking
spaces or cubicles in line with the elevator; and (c) in which
persons are not normally stationed on any level except the
receiving level;
(8) "Moving walk" means a passenger carrying device
(a) on which passengers stand or walk and (b) on which the
passenger carrying surface remains parallel to its direction of
motion;
(9) "Belt manlift" means a power driven endless belt provided with steps or platforms and a hand hold for the transportation of personnel from floor to floor;
(10) "Department" means the department of labor and
industries;
(11) "Director" means the director of the department or
his or her representative;
(12) "Inspector" means an elevator inspector of the
department or an elevator inspector of a municipality having
in effect an elevator ordinance pursuant to RCW 70.87.200;
(13) "Permit" means a permit issued by the department:
(a) To perform conveyance work, other than maintenance; or
(b) to operate a conveyance;
(14) "Person" means this state, a political subdivision,
any public or private corporation, any firm, or any other
entity as well as an individual;
(15) "One-man capacity manlift" means a single passenger, hand-powered counterweighted device, or electric-powered device, that travels vertically in guides and serves two or
more landings;
(16) "Private residence conveyance" means a conveyance installed in or on the premises of a single-family dwelling and operated for transporting persons or property from
one elevation to another;
(17) "Material hoist" means a hoist that is not a part of a
permanent structure used to raise or lower materials during
construction, alteration, or demolition. It is not applicable to
the temporary use of permanently installed personnel elevators as material hoists;
(18) "Material lift" means a lift that (a) is permanently
installed, (b) is comprised of a car or platform that moves in
guides, (c) serves two or more floors or landings, (d) travels
in a vertical or inclined position, (e) is an isolated, self-contained lift, (f) is not part of a conveying system, and (g) is
installed in a commercial or industrial area not accessible to
the general public or intended to be operated by the general
public;
(19) "Casket lift" means a lift that (a) is installed at a
mortuary, (b) is designed exclusively for carrying of caskets,
(c) moves in guides in a basically vertical direction, and (d)
serves two or more floors or landings;
(20) "Wheelchair lift" means a lift that travels in a vertical or inclined direction and is designed for use by physically
handicapped persons;
[Title 70 RCW—page 161]
70.87.020
Title 70 RCW: Public Health and Safety
(21) "Stairway chair lift" means a lift that travels in a
basically inclined direction and is designed for use by physically handicapped persons;
(22) "Personnel hoist" means a hoist that is not a part of
a permanent structure, is installed inside or outside buildings
during construction, alteration, or demolition, and used to
raise or lower workers and other persons connected with, or
related to, the building project. The hoist may also be used
for transportation of materials;
(23) "Advisory committee" means the elevator advisory
committee as described in this chapter;
(24) "Elevator helper/apprentice" means a person who
works under the general direction of a licensed elevator
mechanic. A license is not required to be an elevator
helper/apprentice;
(25) "Elevator contractor" means any person, firm, or
company that possesses an elevator contractor license in
accordance with this chapter and who is engaged in the business of performing conveyance work covered by this chapter;
(26) "Elevator mechanic" means any person who possesses an elevator mechanic license in accordance with this
chapter and who is engaged in performing conveyance work
covered by this chapter;
(27) "License" means a written license, duly issued by
the department, authorizing a person, firm, or company to
carry on the business of performing conveyance work or to
perform conveyance work covered by this chapter;
(28) "Elevator contractor license" means a license that is
issued to an elevator contractor who has met the qualification
requirements established in RCW 70.87.240;
(29) "Elevator mechanic license" means a license that is
issued to a person who has met the qualification requirements
established in RCW 70.87.240;
(30) "Licensee" means the elevator mechanic or elevator
contractor;
(31) "Conveyance work" means the alteration, construction, dismantling, erection, installation, maintenance, relocation, and wiring of a conveyance;
(32) "Alteration" means any change to equipment,
including its parts, components, and/or subsystems, other
than maintenance, repair, or replacement;
(33) "Maintenance" means a process of routine examination, lubrication, cleaning, servicing, and adjustment of parts,
components, and/or subsystems for the purpose of ensuring
performance in accordance with this chapter. "Maintenance"
includes repair and replacement, but not alteration;
(34) "Repair" means the reconditioning or renewal of
parts, components, and/or subsystems necessary to keep
equipment in compliance with this chapter;
(35) "Replacement" means the substitution of a device,
component, and/or subsystem in its entirety with a unit that is
basically the same as the original for the purpose of ensuring
performance in accordance with this chapter;
(36) "Public agency" means a county, incorporated city
or town, municipal corporation, state agency, institution of
higher education, political subdivision, or other public
agency and includes any department, bureau, office, board,
commission or institution of such public entities;
(37) "Platform" means a rigid surface that is maintained
in a horizontal position at all times when in use, and upon
which passengers stand or a load is carried. [2003 c 143 § 9;
[Title 70 RCW—page 162]
2002 c 98 § 1; 1998 c 137 § 1; 1997 c 216 § 1; 1983 c 123 §
1; 1973 1st ex.s. c 52 § 9; 1969 ex.s. c 108 § 1; 1963 c 26 § 1.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
70.87.020
70.87.020 Conveyances to be safe and in conformity
with law. (1) The purpose of this chapter is to provide for
safety of life and limb, to promote safety awareness, and to
ensure the safe design, mechanical and electrical operation,
and inspection of conveyances, and performance of conveyance work, and all such operation, inspection, and conveyance work subject to the provisions of this chapter shall be
reasonably safe to persons and property and in conformity
with the provisions of this chapter and the applicable statutes
of the state of Washington, and all orders, and rules of the
department. The use of unsafe and defective conveyances
imposes a substantial probability of serious and preventable
injury to employees and the public exposed to unsafe conditions. The prevention of these injuries and protection of
employees and the public from unsafe conditions is in the
best interest of the people of this state. Personnel performing
work covered by this chapter must, by documented training
or experience or both, be familiar with the operation and
safety functions of the components and equipment. Training
and experience must include, but not be limited to, recognizing the safety hazards and performing the procedures to
which the personnel performing conveyance work covered
by this chapter are assigned in conformance with the requirements of this chapter. This chapter establishes the minimum
standards for personnel performing conveyance work.
(2) This chapter is not intended to prevent the use of systems, methods, or devices of equivalent or superior quality,
strength, fire resistance, code effectiveness, durability, and
safety to those required by this chapter, provided that there is
technical documentation to demonstrate the equivalency of
the system, method, or device, as prescribed in this chapter
and the rules adopted under this chapter.
(3) In any suit for damages allegedly caused by a failure
or malfunction of the conveyance, conformity with the rules
of the department is prima facie evidence that the conveyance
work, operation, and inspection is reasonably safe to persons
and property. [2003 c 143 § 10; 2002 c 98 § 2; 1983 c 123 §
2; 1963 c 26 § 2.]
Part headings and captions not law—2003 c 143: "Part headings and
captions used in this act are not any part of the law." [2003 c 143 § 23.]
Effective date—2003 c 143: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2003]." [2003 c 143 § 24.]
70.87.030
70.87.030 Rules. The department shall adopt rules governing the mechanical and electrical operation, acceptance
tests, conveyance work, operation, and inspection that are
necessary and appropriate and shall also adopt minimum
standards governing existing installations. In the execution
of this rule-making power and before the adoption of rules,
the department shall consider the rules for safe conveyance
work, operation, and inspection, including the American
National Standards Institute Safety Code for Personnel and
(2006 Ed.)
Elevators, Lifting Devices, and Moving Walks
Material Hoists, the American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, and Escalators, and any amendatory or supplemental provisions thereto.
The department by rule shall establish a schedule of fees to
pay the costs incurred by the department for the work related
to administration and enforcement of this chapter. Nothing in
this chapter limits the authority of the department to prescribe
or enforce general or special safety orders as provided by
law.
The department may consult with: Engineering authorities and organizations concerned with standard safety codes;
rules and regulations governing conveyance work, operation,
and inspection; and the qualifications that are adequate, reasonable, and necessary for the elevator mechanic, contractor,
and inspector. [2003 c 143 § 11; 2002 c 98 § 3; 1998 c 137 §
2; 1994 c 164 § 28; 1983 c 123 § 3; 1973 1st ex.s. c 52 § 10;
1971 c 66 § 1; 1970 ex.s. c 22 § 1; 1963 c 26 § 3.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
70.87.034
70.87.034 Additional powers of department. The
department also has the following powers:
(1) The department may adopt any rules necessary or
helpful for the department to implement and enforce this
chapter.
(2) The director may issue subpoenas for the production
of persons, papers, or information in all proceedings and
investigations within the scope of this chapter. If a person
refuses to obey a subpoena, the director, through the attorney
general, may ask the superior court to order the person to
obey the subpoena.
(3) The director may take the oral or written testimony of
any person. The director has the power to administer oaths.
(4) The director may make specific decisions, cease and
desist orders, other orders, and rulings, including demands
and findings. [1983 c 123 § 19.]
70.87.080
70.87.040 Privately and publicly owned conveyances
are subject to chapter. All privately owned and publicly
owned conveyances are subject to the provisions of this chapter except as specifically excluded by this chapter. [1983 c
123 § 4; 1963 c 26 § 4.]
70.87.040
70.87.050
70.87.050 Conveyances in buildings occupied by
state, county, or political subdivision. The conveyance
work on, and the operation and inspection of any conveyance
located in, or used in connection with, any building owned by
the state, a county, or a political subdivision, other than those
located within and owned by a city having an elevator code,
shall be under the jurisdiction of the department. [2003 c 143
§ 12; 2002 c 98 § 4; 1983 c 123 § 5; 1969 ex.s. c 108 § 2;
1963 c 26 § 5.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.060 Responsibility for operation and maintenance of equipment and for periodic tests. (1) The person,
elevator contractor, or public agency performing conveyance
work is responsible for operation and maintenance of the
conveyance until the department has issued an operating permit for the conveyance, except during the period when a limited operating permit in accordance with RCW 70.87.090(2)
is in effect, and is also responsible for all tests of a new, relocated, or altered conveyance until the department has issued
an operating permit for the conveyance.
(2) The owner or his or her duly appointed agent shall be
responsible for the safe operation and proper maintenance of
the conveyance after the department has issued the operating
permit and also during the period of effectiveness of any limited operating permit in accordance with RCW 70.87.090(2).
The owner shall be responsible for all periodic tests required
by the department. [2003 c 143 § 13; 1983 c 123 § 6; 1963 c
26 § 6.]
70.87.060
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.070 Serial numbers. All new and existing conveyances shall have a serial number painted on or attached as
directed by the department. This serial number shall be
assigned by the department and shown on all required permits. [1983 c 123 § 7; 1963 c 26 § 7.]
70.87.070
70.87.036
70.87.036 Powers of attorney general. On request of
the department, the attorney general may:
(1) File suit to collect a penalty assessed by the department;
(2) Seek a civil injunction, show cause order, or contempt order against the person who repeatedly violates a provision of this chapter;
(3) Seek an ex parte inspection warrant if the person
refuses to allow the department to inspect a conveyance;
(4) File suit asking the court to enforce a cease and desist
order or a subpoena issued by the director under this chapter;
and
(5) Take any other legal action appropriate and necessary
for the enforcement of the provisions of this chapter.
All suits shall be brought in the district or superior court
of the district or county in which the defendant resides or
transacts business. In any suit or other legal action, the
department may ask the court to award costs and attorney’s
fees. If the department prevails, the court shall award the
appropriate costs and attorney’s fees. [1983 c 123 § 20.]
(2006 Ed.)
70.87.080
70.87.080 Permits—When required—Application
for—Posting. (1) A permit shall be obtained from the
department before performing work, other than maintenance,
on a conveyance under the jurisdiction of the department.
(2) The installer of the conveyance shall submit an application for the permit in duplicate, in a form that the department may prescribe.
(3) The permit issued by the department shall be kept
posted conspicuously at the site of installation.
(4) A permit is not required for maintenance.
(5) After the effective date of rules adopted under this
chapter establishing licensing requirements, the department
may issue a permit for conveyance work only to an elevator
contractor unless the permit is for conveyance work on private residence conveyances. After July 1, 2004, the department may not issue a permit for conveyance work on private
[Title 70 RCW—page 163]
70.87.090
Title 70 RCW: Public Health and Safety
residence conveyances to a person other than an elevator contractor. [2003 c 143 § 14; 1983 c 123 § 8; 1963 c 26 § 8.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.090 Operating permits—Limited permits—
Duration—Posting. (1) An operating permit is required for
each conveyance operated in the state of Washington except
during its erection by the person or firm responsible for its
installation. A permit issued by the department shall be kept
conspicuously posted near the conveyance.
(2) The department may permit the temporary use of a
conveyance during its installation or alteration, under the
authority of a limited permit issued by the department for
each class of service. Limited permits shall be issued for a
period not to exceed thirty days and may be renewed at the
discretion of the department. This limited-use permit is to
provide transportation for construction personnel, tools, and
materials only. Where a limited permit is issued, a notice
bearing the information that the equipment has not been
finally approved shall be conspicuously posted. [1998 c 137
§ 3; 1983 c 123 § 9; 1963 c 26 § 9.]
70.87.090
70.87.100 Conveyance work to be performed by elevator contractors—Acceptance tests—Inspections. (1)
All conveyance installations, relocations, or alterations must
be performed by an elevator contractor employing an elevator mechanic.
(2) The elevator contractor employing an elevator
mechanic performing such conveyance work shall notify the
department before completion of the work, and shall subject
the new, moved, or altered portions of the conveyance to the
acceptance tests.
(3) All new, altered, or relocated conveyances for which
a permit has been issued, shall be inspected for compliance
with the requirements of this chapter by an authorized representative of the department. The authorized representative
shall also witness the test specified. [2003 c 143 § 15; 2002
c 98 § 5; 1983 c 123 § 11; 1963 c 26 § 10.]
70.87.100
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.110 Exceptions authorized. The requirements of
this chapter are intended to apply to all conveyances except
as modified or waived by the department. They are intended
to be modified or waived whenever any requirements are
shown to be impracticable, such as involving expense not justified by the protection secured. However, the department
shall not allow the modification or waiver unless equivalent
or safer construction is secured in other ways. An exception
applies only to the installation covered by the application for
waiver. [1983 c 123 § 12; 1963 c 26 § 11.]
70.87.110
70.87.120 Inspectors—Inspections and reinspections—Suspension or revocation of permit—Order to discontinue use—Penalties—Investigation by department.
(1) The department shall appoint and employ inspectors, as
may be necessary to carry out the provisions of this chapter,
under the provisions of the rules adopted by the Washington
personnel resources board in accordance with chapter 41.06
RCW.
70.87.120
[Title 70 RCW—page 164]
(2)(a) Except as provided in (b) of this subsection, the
department shall cause all conveyances to be inspected and
tested at least once each year. Inspectors have the right during
reasonable hours to enter into and upon any building or premises in the discharge of their official duties, for the purpose
of making any inspection or testing any conveyance contained thereon or therein. Inspections and tests shall conform
with the rules adopted by the department. The department
shall inspect all installations before it issues any initial permit
for operation. Permits shall not be issued until the fees
required by this chapter have been paid.
(b)(i) Private residence conveyances operated exclusively for single-family use shall be inspected and tested only
when required under RCW 70.87.100 or as necessary for the
purposes of subsection (4) of this section and shall be exempt
from RCW 70.87.090 unless an annual inspection and operating permit are requested by the owner.
(ii) The department may perform additional inspections
of a private residence conveyance at the request of the owner
of the conveyance. Fees for these inspections shall be in
accordance with the schedule of fees adopted for operating
permits pursuant to RCW 70.87.030. An inspection requested
under this subsection (2)(b)(ii) shall not be performed until
the required fees have been paid.
(3) If inspection shows a conveyance to be in an unsafe
condition, the department shall issue an inspection report in
writing requiring the repairs or alterations to be made to the
conveyance that are necessary to render it safe and may also
suspend or revoke a permit pursuant to RCW 70.87.125 or
order the operation of a conveyance discontinued pursuant to
RCW 70.87.145.
(a) A penalty may be assessed under RCW 70.87.185 for
failure to correct a violation within ninety days after the
owner is notified in writing of inspection results.
(b) The owner may be assessed a penalty under RCW
70.87.185 for failure to submit official notification in writing
to the department that all corrections have been completed.
(4) The department may investigate accidents and
alleged or apparent violations of this chapter. [1998 c 137 §
4; 1997 c 216 § 2; 1993 c 281 § 61; 1983 c 123 § 13; 1970
ex.s. c 22 § 2; 1963 c 26 § 12.]
Effective date—1993 c 281: See note following RCW 41.06.022.
70.87.125
70.87.125 Suspension or revocation of license or permit—Grounds—Notice—Stay of suspension or revocation—Removal of suspension or reinstatement of license
or permit. (1) A license issued under this chapter may be
suspended, revoked, or subject to civil penalty by the department upon verification that any one or more of the following
reasons exist:
(a) Any false statement as to a material matter in the
application;
(b) Fraud, misrepresentation, or bribery in securing a
license;
(c) Failure to notify the department and the owner or lessee of a conveyance or related mechanisms of any condition
not in compliance with this chapter;
(d) A violation of any provisions of this chapter; and
(e) If the elevator contractor does not employ an individual designated as the primary point of contact with the depart(2006 Ed.)
Elevators, Lifting Devices, and Moving Walks
ment and who has successfully completed the elevator contractor examination. In the case of a separation of employment, termination of this relationship or designation, or death
of the designated individual, the elevator contractor must,
within ninety days, designate a new individual who has successfully completed the elevator contractor examination.
(2) The department may suspend or revoke a permit if:
(a) The permit was obtained through fraud or by error if,
in the absence of error, the department would not have issued
the permit;
(b) The conveyance for which the permit was issued has
not been worked on in accordance with this chapter; or
(c) The conveyance has become unsafe.
(3) The department shall suspend any license issued
under this chapter promptly after receiving notice from the
department of social and health services that the holder of the
license has been certified pursuant to RCW 74.20A.320 as a
person who is not in compliance with a support order. If the
person has continued to meet all other license requirements
during the suspension, reissuance of the license shall be automatic upon the department’s receipt of a release issued by the
department of social and health services stating that the person is in compliance with the order.
(4) The department shall notify in writing the owner, licensee, or person performing conveyance work, of its action
and the reason for the action. The department shall send the
notice by certified mail to the last known address of the
owner or person. The notice shall inform the owner or person
that a hearing may be requested pursuant to RCW 70.87.170.
(5)(a) If the department has suspended or revoked a permit or license because of fraud or error, and a hearing is
requested, the suspension or revocation shall be stayed until
the hearing is concluded and a decision is issued.
(b) If the department has revoked or suspended a license
because the licensee performing the work covered by this
chapter is working in a manner that does not effectively prevent injuries or deaths or protect employees and the public
from unsafe conditions as is required by this chapter, the suspension or revocation is effective immediately and shall not
be stayed by a request for a hearing.
(c) If the department has revoked or suspended a permit
because the conveyance is unsafe or the conveyance work is
not permitted and performed in accordance with this chapter,
the suspension or revocation is effective immediately and
shall not be stayed by a request for a hearing.
(6) The department must remove a suspension or reinstate a revoked license if the licensee pays all the assessed
civil penalties and is able to demonstrate to the department
that the licensee has met all the qualifications established by
this chapter.
(7) The department shall remove a suspension or reinstate a revoked permit if a conveyance is repaired or modified
to bring it into compliance with this chapter. [2003 c 143 §
16; 2002 c 98 § 6; 1983 c 123 § 10.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.140 Operation without permit enjoinable.
Whenever any conveyance is being operated without a permit
required by this chapter, the attorney general or the prosecuting attorney of the county may apply to the superior court of
70.87.140
(2006 Ed.)
70.87.170
the county in which the conveyance is located for a temporary restraining order or a temporary or permanent injunction
restraining the operation of the conveyance until the department issues a permit for the conveyance. No bond may be
required from the department in such proceedings. [1983 c
123 § 14; 1963 c 26 § 14.]
70.87.145
70.87.145 Order to discontinue operation—Notice—
Conditions—Contents of order—Recision of order—Violation—Penalty—Random inspections. (1) An authorized
representative of the department may order the owner or person operating a conveyance to discontinue the operation of a
conveyance, and may place a notice that states that the conveyance may not be operated on a conspicuous place in the
conveyance, if:
(a) The conveyance work has not been permitted and
performed in accordance with this chapter; or
(b) The conveyance has otherwise become unsafe.
The order is effective immediately, and shall not be stayed by
a request for a hearing.
(2) The department shall prescribe a form for the order to
discontinue operation. The order shall specify why the conveyance violates this chapter or is otherwise unsafe, and shall
inform the owner or operator that he or she may request a
hearing pursuant to RCW 70.87.170. A request for a hearing
does not stay the effect of the order.
(3) The department shall rescind the order to discontinue
operation if the conveyance is fixed or modified to bring it
into compliance with this chapter.
(4) An owner or a person that knowingly operates or
allows the operation of a conveyance in contravention of an
order to discontinue operation, or removes a notice not to
operate, is:
(a) Guilty of a misdemeanor; and
(b) Subject to a civil penalty under RCW 70.87.185.
(5) The department may conduct random on-site inspections and tests on existing installations, witnessing periodic
inspections and testing in order to ensure satisfactory conveyance work by persons, firms, or companies performing conveyance work, and assist in development of public awareness
programs. [2003 c 143 § 17; 2002 c 98 § 7; 1983 c 123 § 15.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.170
70.87.170 Review of department action in accordance with administrative procedure act. (1) Any person
aggrieved by an order or action of the department denying,
suspending, revoking, or refusing to renew a permit or
license; assessing a penalty for a violation of this chapter; or
ordering the operation of a conveyance to be discontinued,
may request a hearing within fifteen days after notice of the
department’s order or action is received. The date the hearing was requested shall be the date the request for hearing
was postmarked. The party requesting the hearing must
accompany the request with a certified or cashier’s check for
two hundred dollars payable to the department. The department shall refund the two hundred dollars if the party requesting the hearing prevails at the hearing; otherwise, the department shall retain the two hundred dollars.
[Title 70 RCW—page 165]
70.87.180
Title 70 RCW: Public Health and Safety
If the department does not receive a timely request for
hearing, the department’s order or action is final and may not
be appealed.
(2) If the aggrieved party requests a hearing, the department shall ask an administrative law judge to preside over the
hearing. The hearing shall be conducted in accordance with
chapter 34.05 RCW. [2003 c 143 § 18; 2002 c 98 § 8; 1983 c
123 § 16; 1963 c 26 § 17.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.180
70.87.180 Violations. (1) The performance of conveyance work, other than maintenance, or the operation of a conveyance without a permit by any person owning or having the
custody, management, or operation thereof, except as provided in RCW 70.87.080 and 70.87.090, is a misdemeanor.
Each day of violation is a separate offense. A prosecution
may not be maintained if a person has requested the issuance
or renewal of a permit but the department has not acted.
(2) The performance of conveyance work, other than the
maintenance of conveyances as specified in RCW 70.87.270,
without a license by any person is a misdemeanor. Each day
of violation is a separate offense. A prosecution may not be
maintained if a person has requested the issuance or renewal
of a license but the department has not acted. [2003 c 143 §
19; 2002 c 98 § 9; 1983 c 123 § 17; 1963 c 26 § 18.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.185
70.87.185 Penalty for violation of chapter—Rules—
Notice. (1) The department may assess a penalty against a
person violating a provision of this chapter. The penalty shall
be not more than five hundred dollars. Each day that the violation continues is a separate violation and is subject to a separate penalty.
(2) The department may not assess a penalty until it
adopts rules describing the method it will use to calculate
penalties for various violations.
(3) The department shall notify the violator of its action,
and the reasons for its action, in writing. The department shall
send the notice by certified mail to the violator’s last known
address. The notice shall inform the violator that a hearing
may be requested under RCW 70.87.170. The hearing shall
not stay the effect of the penalty. [1983 c 123 § 18.]
70.87.190 Accidents—Report and investigation—
Cessation of use—Removal of damaged parts. The owner
or the owner’s duly authorized agent shall promptly notify
the department of each accident to a person requiring the service of a physician or resulting in a disability exceeding one
day, and shall afford the department every facility for investigating and inspecting the accident. The department shall
without delay, after being notified, make an inspection and
shall place on file a full and complete report of the accident.
The report shall give in detail all material facts and information available and the cause or causes, so far as they can be
determined. The report shall be open to public inspection at
all reasonable hours. When an accident involves the failure or
destruction of any part of the construction or the operating
mechanism of a conveyance, the use of the conveyance is forbidden until it has been made safe; it has been reinspected
70.87.190
[Title 70 RCW—page 166]
and any repairs, changes, or alterations have been approved
by the department; and a permit has been issued by the
department. The removal of any part of the damaged construction or operating mechanism from the premises is forbidden until the department grants permission to do so.
[1983 c 123 § 21; 1963 c 26 § 19.]
70.87.200
70.87.200 Exemptions. (1) The provisions of this chapter do not apply where:
(a) A conveyance is permanently removed from service
or made effectively inoperative; or
(b) Lifts, man hoists, or material hoists are erected temporarily for use during construction work only and are of
such a design that they must be operated by a workman stationed at the hoisting machine.
(2) Except as limited by RCW 70.87.050, municipalities
having in effect an elevator code prior to June 13, 1963 may
continue to assume jurisdiction over conveyance work and
may inspect, issue permits, collect fees, and prescribe minimum requirements for conveyance work and operation if the
requirements are equal to the requirements of this chapter and
to all rules pertaining to conveyances adopted and administered by the department. Upon the failure of a municipality
having jurisdiction over conveyances to carry out the provisions of this chapter with regard to a conveyance, the department may assume jurisdiction over the conveyance. If a
municipality elects not to maintain jurisdiction over certain
conveyances located therein, it may enter into a written
agreement with the department transferring exclusive jurisdiction of the conveyances to the department. The city may
not reassume jurisdiction after it enters into such an agreement with the department. [2003 c 143 § 20; 1983 c 123 § 22;
1969 ex.s. c 108 § 4; 1963 c 26 § 20.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.205
70.87.205 Resolution of disputes by arbitration—
Appointment of arbitrators—Procedure—Decision—
Enforcement. (1) Disputes arising under RCW 70.87.200(2)
shall be resolved by arbitration. The request shall be sent by
certified mail.
(2) The department shall appoint one arbitrator; the
municipality shall appoint one arbitrator; and the arbitrators
chosen by the department and the municipality shall appoint
the third arbitrator. If the two arbitrators cannot agree on the
third arbitrator, the presiding judge of the Thurston county
superior court, or his or her designee, shall appoint the third
arbitrator.
(3) The arbitration shall be held pursuant to the procedures in chapter 7.04A RCW, except that RCW
7.04A.280(1)(f) shall not apply. The decision of the arbitrators is final and binding on the parties. Neither party may
appeal a decision to any court.
(4) A party may petition the Thurston county superior
court to enforce a decision of the arbitrators. [2005 c 433 §
49; 1983 c 123 § 23.]
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
(2006 Ed.)
Elevators, Lifting Devices, and Moving Walks
70.87.210 Disposition of revenue. All moneys
received or collected under the terms of this chapter shall be
deposited in the general fund. [1963 c 26 § 21.]
70.87.210
70.87.220 Elevator safety advisory committee. (1)
The department may adopt the rules necessary to establish
and administer the elevator safety advisory committee. The
purpose of the advisory committee is to advise the department on the adoption of rules that apply to conveyances;
methods of enforcing and administering this chapter; and
matters of concern to the conveyance industry and to the individual installers, owners, and users of conveyances.
(2) The advisory committee shall consist of seven persons. The director of the department or his or her designee
with the advice of the chief elevator inspector shall appoint
the committee members as follows:
(a) One representative of licensed elevator contractors;
(b) One representative of elevator mechanics licensed to
perform all types of conveyance work;
(c) One representative of owner-employed mechanics
exempt from licensing requirements under RCW 70.87.270;
(d) One registered architect or professional engineer representative;
(e) One building owner or manager representative;
(f) One registered general commercial contractor representative; and
(g) One ad hoc member representing a municipality
maintaining jurisdiction of conveyances in accordance with
RCW 70.87.210 [70.87.200].
(3) The committee members shall serve terms of four
years.
(4) The committee shall meet on the third Tuesday of
February, May, August, and November of each year, and at
other times at the discretion of the chief elevator inspector.
The committee members shall serve without per diem or
travel expenses.
(5) The chief elevator inspector shall be the secretary for
the advisory committee. [2003 c 143 § 7; 2002 c 98 § 11.]
70.87.220
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.230
70.87.230 Conveyance work—Who may perform.
Except as provided in RCW 70.87.270, a person may not perform conveyance work within the state unless he or she is an
elevator mechanic who is regularly employed by and is working: (1) For an owner exempt from licensing requirements
under RCW 70.87.270 and performing maintenance; (2) for a
public agency performing maintenance; or (3) under the
direct supervision of an elevator contractor. A person, firm,
public agency, or company is not required to be an elevator
contractor for removing or dismantling conveyances that are
destroyed as a result of a complete demolition of a secured
building or structure or where the building is demolished
back to the basic support structure whereby no access is permitted therein to endanger the safety and welfare of a person.
[2003 c 143 § 1; 2002 c 98 § 10.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.240
70.87.240 Elevator contractor license, elevator
mechanic license—Qualifications—Reciprocity. (1) Any
(2006 Ed.)
70.87.240
person, firm, public agency, or company wishing to engage in
the business of performing conveyance work within the state
must apply for an elevator contractor license with the department on a form provided by the department and be a registered general or specialty contractor under chapter 18.27
RCW.
(2) Except as provided by RCW 70.87.270, any person
wishing to perform conveyance work within the state must
apply for an elevator mechanic license with the department
on a form provided by the department.
(3) An elevator contractor license may not be granted to
any person or firm who does not possess the following qualifications:
(a) Five years’ experience performing conveyance work,
as verified by current and previous elevator contractors
licensed to do business; or
(b) Satisfactory completion of a written examination
administered by the department on this chapter and the rules
adopted under this chapter.
(4) Except as provided in subsection (5) of this section,
RCW 70.87.305, and 70.87.245, an elevator mechanic
license may not be granted to any person who does not possess the following qualifications:
(a) An acceptable combination of documented experience and education credits: Not less than three years’ experience performing conveyance work, as verified by current and
previous employers licensed to do business in this state or
public agency employers; and
(b) Satisfactory completion of a written examination
administered by the department on this chapter and the rules
adopted under this chapter.
(5) Any person who furnishes the department with
acceptable proof that he or she has performed conveyance
work in the category for which a license is sought shall upon
making application for a license and paying the license fee
receive a license without an examination. The person must
have:
(a) Worked without direct and immediate supervision for
a general or specialty contractor registered under chapter
18.27 RCW and engaged in the business of performing conveyance work in this state. This employment may not be less
than each and all of the three years immediately before March
1, 2004. The person must apply within ninety days after the
effective date of rules adopted under this chapter establishing
licensing requirements;
(b) Worked without direct and immediate supervision
for an owner exempt from licensing requirements under
RCW 70.87.270 or a public agency as an individual responsible for maintenance of conveyances owned by the owner
exempt from licensing requirements under RCW 70.87.270
or the public agency. This employment may not be less than
each and all of the three years immediately before March 1,
2004. The person must apply within ninety days after the
effective date of rules adopted under this chapter establishing
licensing requirements;
(c) Obtained a certificate of completion and successfully
passed the mechanic examination of a nationally recognized
training program for the elevator industry such as the national
elevator industry educational program or its equivalent; or
(d) Obtained a certificate of completion of an apprenticeship program for an elevator mechanic, having standards sub[Title 70 RCW—page 167]
70.87.245
Title 70 RCW: Public Health and Safety
stantially equal to those of this chapter, and registered with
the Washington state apprenticeship and training council.
(6) A license must be issued to an individual holding a
valid license from a state having entered into a reciprocal
agreement with the department and having standards substantially equal to those of this chapter, upon application and
without examination. [2004 c 66 § 2; 2003 c 143 § 2; 2002 c
98 § 12.]
Findings—2004 c 66: See note following RCW 70.87.305.
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.245
70.87.245 Material lift mechanic license. A material
lift mechanic license to perform conveyance work on material lifts subject to WAC 296-96-05010 may be granted to
any person who possesses the following qualifications:
(1) The person: (a) Must be employed by an elevator
contractor that complies with subsections (2) and (3) of this
section; (b) must have successfully completed the training
described in subsection (2) of this section; and (c) after successfully completing such training, must have passed a written examination administered by the department that is
designed to demonstrate competency with regard to conveyance work on material lifts;
(2) The employer must provide the persons specified in
subsection (1) of this section adequate training, including any
training provided by the manufacturer, ensuring worker
safety and adherence to the published operating specifications of the conveyance manufacturer; and
(3) The employer must maintain: (a) A conveyance
work log identifying the equipment, describing the conveyance work performed, and identifying the person who performed the conveyance work; (b) a training log describing
the course of study applicable to each conveyance and identifying each employee who has successfully completed the
training described in subsection (2) of this section and when
such training was completed; and (c) a record evidencing that
the employer has notified the conveyance owner in writing
that the conveyance is not designed to, is not intended to, and
should not be used to convey workers. [2003 c 143 § 3.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
charged for any temporary elevator mechanic license or
renewal.
(3) The renewal of all licenses granted under this section
is conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education
of licensees on new and existing rules of the department. The
course must consist of not less than eight hours of instruction
that must be attended and completed within one year immediately preceding any license renewal.
(4) The courses must be taught by instructors through
continuing education providers that may include, but are not
limited to, association seminars and labor training programs.
The department must approve the continuing education providers. All instructors must be approved by the department
and are exempt from the requirements of subsection (3) of
this section with regard to his or her application for license
renewal, provided that such applicant was qualified as an
instructor at any time during the one year immediately preceding the scheduled date for such renewal.
(5) A licensee who is unable to complete the continuing
education course required under this section before the expiration of his or her license due to a temporary disability may
apply for a waiver from the department. This will be on a
form provided by the department and signed under the pains
and penalties of perjury and accompanied by a certified statement from a competent physician attesting to the temporary
disability. Upon the termination of the temporary disability,
the licensee must submit to the department a certified statement from the same physician, if practicable, attesting to the
termination of the temporary disability. At which time a
waiver sticker, valid for ninety days, must be issued to the licensee and affixed to his or her license.
(6) Approved training providers must keep uniform
records, for a period of ten years, of attendance of licensees
and these records must be available for inspection by the
department at its request. Approved training providers are
responsible for the security of all attendance records and certificates of completion. However, falsifying or knowingly
allowing another to falsify attendance records or certificates
of completion constitutes grounds for suspension or revocation of the approval required under this section. [2003 c 143
§ 21; 2002 c 98 § 13.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.250
70.87.250 Licenses—Renewals—Fees—Temporary
licenses—Continuing education—Records. (1) Upon
approval of an application, the department may issue a
license that is biennially renewable. The fee for the license
and for any renewal shall be set by the department in rule.
(2) The department may issue temporary elevator
mechanic licenses. These temporary elevator mechanic
licenses will be issued to those certified as qualified and competent by licensed elevator contractors. The company shall
furnish proof of competency as the department may require.
Each license must recite that it is valid for a period of thirty
days from the date of issuance and for such particular conveyance or geographical areas as the department may designate, and otherwise entitles the licensee to the rights and privileges of an elevator mechanic license issued in this chapter.
A temporary elevator mechanic license may be renewed by
the department and a fee as established in rule must be
[Title 70 RCW—page 168]
70.87.260
70.87.260 Liability not limited or assumed by state.
This chapter cannot be construed to relieve or lessen the
responsibility or liability of any person, firm, or corporation
owning, operating, controlling, testing, inspecting, or performing conveyance work on any conveyance or other
related mechanisms covered by this chapter for damages to
person or property caused by any defect therein, nor does the
state assume any such liability or responsibility therefore or
any liability to any person for whatever reason whatsoever by
the adoption of this chapter or any acts or omissions arising
hereunder. [2003 c 143 § 22; 2002 c 98 § 14.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.270
70.87.270 Exemptions from licensure. (1) The licensing requirements of this chapter do not apply to the mainte(2006 Ed.)
Water Recreation Facilities
nance of conveyances specified in (a) of this subsection if a
person specified in (b) of this subsection performs the maintenance and the owner complies with the requirements specified in (c) and (d) of this subsection.
(a) The conveyance: (i) Must be a conveyance other than
a passenger elevator to which the general public has access;
and (ii) must be located in a facility in which agricultural
products are stored, food products are processed, goods are
manufactured, energy is generated, or similar industrial or
agricultural processes are performed.
(b) The person performing the maintenance: (i) Must be
regularly employed by the owner; (ii) must have completed
the training described in (c) of this subsection; and (iii) must
have attained journey level status in an electrical or mechanical trade, but only if the employer has or uses an established
journey level program to train its electrical or mechanical
trade employees and the employees perform maintenance in
the course of their regular employment.
(c) The owner must provide the persons specified in (b)
of this subsection adequate training to ensure worker safety
and adherence to the published operating specifications of the
conveyance manufacturer, the applicable provisions of this
chapter, and any rules adopted under this chapter.
(d) The owner also must maintain both a maintenance
log and a training log. The maintenance log must describe
maintenance work performed on the conveyance and identify
the person who performed the work. The training log must
describe the course of study provided to the persons specified
in (b) of this subsection, including whether it is general or
conveyance specific, and when the persons completed the
course of study.
(2) It is a violation of chapter 49.17 RCW for an owner
or an employer: (a) To allow a conveyance exempt from the
licensing requirements of this chapter under subsection (1) of
this section to be maintained by a person other than a person
specified in subsection (1)(b) of this section or a licensee; or
(b) to fail to maintain the logs required under subsection
(1)(d) of this section. [2003 c 143 § 4.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.280
70.87.280 License categories—Rules. In order to
effectively administer and implement the elevator mechanic
licensing of this chapter, the department may establish elevator mechanic license categories in rule. [2003 c 143 § 5.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.290
70.87.290 Rules—Effective date. The department of
labor and industries may not adopt rules to implement chapter 98, Laws of 2002, and to implement chapter 143, Laws of
2003 that take effect before March 1, 2004. [2003 c 143 § 6.]
Part headings and captions not law—Effective date—2003 c 143:
See notes following RCW 70.87.020.
70.87.305
70.87.305 Private residence conveyances—Licensing
requirements—Rules. (1) The department shall, by rule,
establish licensing requirements for conveyance work performed on private residence conveyances. These rules shall
include an exemption from licensing for maintenance work
on private residence conveyances performed by an owner or
(2006 Ed.)
70.90.110
at the direction of the owner, provided the owner resides in
the residence at which the conveyance is located and the conveyance is not accessible to the general public. However,
maintenance work performed on private residence conveyances located in or at adult family homes licensed under
chapter 70.128 RCW, boarding homes licensed under chapter
18.20 RCW, or similarly licensed caregiving facilities must
comply with the licensing requirements of this chapter.
(2) The rules adopted under this section take effect July
1, 2004. [2004 c 66 § 3.]
Findings—2004 c 66: "The legislature finds that individuals performing conveyance work on private residence conveyances must be licensed by
the department of labor and industries. However, the licensing requirements
for this type of work need not be to the same level as those established for
conveyance work in circumstances where the general public has access to the
conveyances. The legislature further finds that the department of labor and
industries should be given the authority to develop the licensing requirements for this type of work using the normal rule-making process established
under chapter 34.05 RCW. Lastly, the legislature finds that private residence
conveyance maintenance work that is performed by an owner or at the direction of the owner is exempt from licensing if the owner resides in the residence at which the conveyance is located and the conveyance is not accessible to the general public." [2004 c 66 § 1.]
70.87.900
70.87.900 Severability. If any provision of this chapter
or its application to any person or circumstance is held
invalid, the remainder of the chapter, or the application of the
provision to other persons or circumstances, is not affected.
[1983 c 123 § 24; 1963 c 26 § 22.]
Chapter 70.90
Chapter 70.90 RCW
WATER RECREATION FACILITIES
(Formerly: Swimming pools)
Sections
70.90.101
70.90.110
70.90.120
70.90.125
70.90.140
70.90.150
70.90.160
70.90.170
70.90.180
70.90.190
70.90.200
70.90.205
70.90.210
70.90.230
70.90.240
70.90.250
70.90.910
70.90.911
Legislative findings.
Definitions.
Adoption of rules governing safety, sanitation, and water quality—Exceptions.
Regulation by local boards of health.
Enforcement.
Fees.
Modification or construction of facility—Permit required—
Submission of plans.
Operating permit—Renewal.
State and local health jurisdictions—Chapter not basis for liability.
Reporting of injury, disease, or death.
Civil penalties.
Criminal penalties.
Adjudicative proceeding—Notice.
Insurance required.
Sale of spas, pools, and tubs—Operating instructions and
health caution required.
Application of chapter.
Severability—1986 c 236.
Severability—1987 c 222.
70.90.101
70.90.101 Legislative findings. The legislature finds
that water recreation facilities are an important source of recreation for the citizens of this state. To promote the public
health, safety, and welfare, the legislature finds it necessary
to continue to regulate these facilities. [1987 c 222 § 1.]
70.90.110
70.90.110 Definitions. Unless the context clearly
requires otherwise the definitions in this section apply
throughout this chapter.
[Title 70 RCW—page 169]
70.90.120
Title 70 RCW: Public Health and Safety
(1) "Water recreation facility" means any artificial basin
or other structure containing water used or intended to be
used for recreation, bathing, relaxation, or swimming, where
body contact with the water occurs or is intended to occur and
includes auxiliary buildings and appurtenances. The term
includes, but is not limited to:
(a) Conventional swimming pools, wading pools, and
spray pools;
(b) Recreational water contact facilities as defined in this
chapter;
(c) Spa pools and tubs using hot water, cold water, mineral water, air induction, or hydrojets; and
(d) Any area designated for swimming in natural waters
with artificial boundaries within the waters.
(2) "Recreational water contact facility" means an artificial water associated facility with design and operational features that provide patron recreational activity which is different from that associated with a conventional swimming pool
and purposefully involves immersion of the body partially or
totally in the water, and that includes but is not limited to,
water slides, wave pools, and water lagoons.
(3) "Local health officer" means the health officer of the
city, county, or city-county department or district or a representative authorized by the local health officer.
(4) "Secretary" means the secretary of health.
(5) "Person" means an individual, firm, partnership, copartnership, corporation, company, association, club, government entity, or organization of any kind.
(6) "Department" means the department of health.
(7) "Board" means the state board of health. [1991 c 3 §
352; 1987 c 222 § 2; 1986 c 236 § 2.]
70.90.120
70.90.120 Adoption of rules governing safety, sanitation, and water quality—Exceptions. (1) The board shall
adopt rules under the administrative procedure act, chapter
34.05 RCW, governing safety, sanitation, and water quality
for water recreation facilities. The rules shall include but not
be limited to requirements for design; operation; injury and
illness reporting; biological and chemical contamination
standards; water quality monitoring; inspection; permit application and issuance; and enforcement procedures. However,
a water recreation facility intended for the exclusive use of
residents of any apartment house complex or of a group of
rental housing units of less than fifteen living units, or of a
mobile home park, or of a condominium complex or any
group or association of less than fifteen home owners shall
not be subject to preconstruction design review, routine
inspection, or permit or fee requirements; and water treatment of hydroelectric reservoirs or natural streams, creeks,
lakes, or irrigation canals shall not be required.
(2) In adopting rules under subsection (1) of this section
regarding the operation or design of a recreational water contact facility, the board shall review and consider any recommendations made by the recreational water contact facility
advisory committee. [1987 c 222 § 5; 1986 c 236 § 3.]
70.90.125
70.90.125 Regulation by local boards of health.
Nothing in this chapter shall prohibit any local board of
health from establishing and enforcing any provisions governing safety, sanitation, and water quality for any water rec[Title 70 RCW—page 170]
reation facility, regardless of ownership or use, in addition to
those rules established by the state board of health under this
chapter. [1987 c 222 § 6.]
70.90.140
70.90.140 Enforcement. The secretary shall enforce
the rules adopted under this chapter. The secretary may
develop joint plans of responsibility with any local health
jurisdiction to administer this chapter. [1986 c 236 § 5.]
70.90.150
70.90.150 Fees. (1) Local health officers may establish
and collect fees sufficient to cover their costs incurred in carrying out their duties under this chapter and the rules adopted
under this chapter.
(2) The department may establish and collect fees sufficient to cover its costs incurred in carrying out its duties
under this chapter. The fees shall be deposited in the state
general fund.
(3) A person shall not be required to submit fees at both
the state and local levels. [1986 c 236 § 6.]
70.90.160
70.90.160 Modification or construction of facility—
Permit required—Submission of plans. A permit is
required for any modification to or construction of any recreational water contact facility after June 11, 1986, and for any
other water recreation facility after July 26, 1987. Water recreation facilities existing on July 26, 1987, which do not comply with the design and construction requirements established
by the state board of health under this chapter may continue
to operate without modification to or replacement of the
existing physical plant, provided the water quality, sanitation,
and life saving equipment are in compliance with the requirements established under this chapter. However, if any modifications are made to the physical plant of an existing water
recreation facility the modifications shall comply with the
requirements established under this chapter. The plans and
specifications for the modification or construction shall be
submitted to the applicable local authority or the department
as applicable, but a person shall not be required to submit
plans at both the state and local levels or apply for both a state
and local permit. The plans shall be reviewed and may be
approved or rejected or modifications or conditions imposed
consistent with this chapter as the public health or safety may
require, and a permit shall be issued or denied within thirty
days of submittal. [1987 c 222 § 7; 1986 c 236 § 7.]
70.90.170
70.90.170 Operating permit—Renewal. An operating
permit from the department or local health officer, as applicable, is required for each water recreation facility operated in
this state. The permit shall be renewed annually. The permit
shall be conspicuously displayed at the water recreation facility. [1987 c 222 § 8; 1986 c 236 § 8.]
70.90.180
70.90.180 State and local health jurisdictions—
Chapter not basis for liability. Nothing in this chapter or
the rules adopted under this chapter creates or forms the basis
for any liability: (1) On the part of the state and local health
jurisdictions, or their officers, employees, or agents, for any
injury or damage resulting from the failure of the owner or
operator of water recreation facilities to comply with this
chapter or the rules adopted under this chapter; or (2) by rea(2006 Ed.)
Provisions in Buildings for Aged and Handicapped Persons
son or in consequence of any act or omission in connection
with the implementation or enforcement of this chapter or the
rules adopted under this chapter on the part of the state and
local health jurisdictions, or by their officers, employees, or
agents.
All actions of local health officers and the secretary shall
be deemed an exercise of the state’s police power. [1987 c
222 § 9; 1986 c 236 § 9.]
70.90.190
70.90.190 Reporting of injury, disease, or death. Any
person operating a water recreation facility shall report to the
local health officer or the department any serious injury,
communicable disease, or death occurring at or caused by the
water recreation facility. [1987 c 222 § 10; 1986 c 236 § 10.]
70.90.200
70.90.200 Civil penalties. County, city, or town legislative authorities and the secretary, as applicable, may establish civil penalties for a violation of this chapter or the rules
adopted under this chapter not to exceed five hundred dollars.
Each day upon which a violation occurs constitutes a separate
violation. A person violating this chapter may be enjoined
from continuing the violation. [1986 c 236 § 11.]
70.90.205
70.90.205 Criminal penalties. The violation of any
provisions of this chapter and any rules adopted under this
chapter shall be a misdemeanor punishable by a fine of not
more than five hundred dollars. [1987 c 222 § 11.]
70.92.110
of water to reduce health risks to the purchaser. Included in
the instructions shall be information about the health effects
of hot water and a specific caution and explanation of the
health effects of hot water on pregnant women. [1987 c 222
§ 4.]
70.90.250
70.90.250 Application of chapter. This chapter applies
to all water recreation facilities regardless of whether ownership is public or private and regardless of whether the
intended use is commercial or private, except that this chapter
shall not apply to:
(1) Any water recreation facility for the sole use of residents and invited guests at a single family dwelling;
(2) Therapeutic water facilities operated exclusively for
physical therapy; and
(3) Steam baths and saunas. [1987 c 222 § 3.]
70.90.910
70.90.910 Severability—1986 c 236. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 236 § 17.]
70.90.911
70.90.911 Severability—1987 c 222. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 222 § 13.]
70.90.210
70.90.210 Adjudicative proceeding—Notice. (1) Any
person aggrieved by an order of the department or by the
imposition of a civil fine by the department has the right to an
adjudicative proceeding. RCW 43.70.095 governs department notice of a civil fine and a person’s right to an adjudicative proceeding.
(2) Any person aggrieved by an order of a local health
officer or by the imposition of a civil fine by the officer has
the right to appeal. The hearing is governed by the local
health jurisdiction’s administrative appeals process. Notice
shall be provided by the local health jurisdiction consistent
with its due process requirements. [1991 c 3 § 354; 1989 c
175 § 130; 1986 c 236 § 12.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Chapter 70.92 RCW
PROVISIONS IN BUILDINGS FOR AGED AND
HANDICAPPED PERSONS
Chapter 70.92
Sections
70.92.100
70.92.110
70.92.120
70.92.130
70.92.140
70.92.150
70.92.160
70.92.170
Legislative intent.
Buildings and structures to which standards and specifications
apply—Exemptions.
Handicap symbol—Display—Signs showing location of
entrance for handicapped.
Definitions.
Minimum standards for facilities—Adoption—Facilities to be
included.
Standards adopted by other states to be considered—Majority
vote.
Waiver from compliance with standards.
Personal wireless service facilities—Rules.
70.90.230
70.90.230 Insurance required. (1) A recreational
water contact facility shall not be operated within the state
unless the owner or operator has purchased insurance in an
amount not less than one hundred thousand dollars against
liability for bodily injury to or death of one or more persons
in any one accident arising out of the use of the recreational
water contact facility.
(2) The board may require a recreational water contact
facility to purchase insurance in addition to the amount
required in subsection (1) of this section. [1986 c 236 § 14.]
Making buildings and facilities accessible to and usable by handicapped
persons: RCW 19.27.031(5).
70.92.100
70.92.100 Legislative intent. It is the intent of the legislature that, notwithstanding any law to the contrary, plans
and specifications for the erection of buildings through the
use of public or private funds shall make special provisions
for elderly or physically disabled persons. [1975 1st ex.s. c
110 § 1.]
70.92.110
70.90.240
70.90.240 Sale of spas, pools, and tubs—Operating
instructions and health caution required. Every seller of
spas, pools and tubs under RCW 70.90.110(1) (a) and (c)
shall furnish to the purchaser a complete set of operating
instructions which shall include detailed instructions on the
safe use of the spa, pool, or tub and for the proper treatment
(2006 Ed.)
70.92.110 Buildings and structures to which standards and specifications apply—Exemptions. The standards and specifications adopted under this chapter shall, as
provided in this section, apply to buildings, structures, or portions thereof used primarily for group A-1 through group U1 occupancies, except for group R-3 occupancies, as defined
in the Uniform Building Code, 1994 edition, published by the
[Title 70 RCW—page 171]
70.92.120
Title 70 RCW: Public Health and Safety
International Conference of Building Officials. All such
buildings, structures, or portions thereof, which are constructed, substantially remodeled, or substantially rehabilitated after July 1, 1976, shall conform to the standards and
specifications adopted under this chapter: PROVIDED, That
the following buildings, structures, or portions thereof shall
be exempt from this chapter:
(1) Buildings, structures, or portions thereof for which
construction contracts have been awarded prior to July 1,
1976;
(2) Any building, structure, or portion thereof in respect
to which the administrative authority deems, after considering all circumstances applying thereto, that full compliance is
impracticable: PROVIDED, That, such a determination shall
be made no later than at the time of issuance of the building
permit for the construction, remodeling, or rehabilitation:
PROVIDED FURTHER, That the board of appeals provided
for in chapter 1 of the Uniform Building Code shall have
jurisdiction to hear and decide appeals from any decision by
the administrative authority regarding a waiver or failure to
grant a waiver from compliance with the standards adopted
pursuant to RCW 70.92.100 through 70.92.160. The provisions of the Uniform Building Code regarding the appeals
process shall govern the appeals herein;
(3) Any building or structure used solely for dwelling
purposes and which contains not more than two dwelling
units;
(4) Any building or structure not used primarily for
group A-1 through group U-1 occupancies, except for group
R-3 occupancies, as set forth in the Uniform Building Code,
1994 edition, published by the International Conference of
Building Officials; or
(5) Apartment houses with ten or fewer units. [1995 c
343 § 3; 1989 c 14 § 9; 1975 1st ex.s. c 110 § 2.]
70.92.120
70.92.120 Handicap symbol—Display—Signs showing location of entrance for handicapped. All buildings
built in accordance with the standards and specifications provided for in this chapter, and containing facilities that are in
compliance therewith, shall display the following symbol
which is known as the International Symbol of Access.
Such symbol shall be white on a blue background and
shall indicate the location of facilities designed for the physically disabled or elderly. When a building contains an
entrance other than the main entrance which is ramped or
level for use by physically disabled or elderly persons, a sign
with the symbol showing its location shall be posted at or
near the main entrance which shall be visible from the adjacent public sidewalk or way. [1995 c 343 § 4; 1975 1st ex.s.
c 110 § 3.]
70.92.130
70.92.130 Definitions. As used in this chapter the following words and phrases shall have the following meanings
unless the context clearly requires otherwise:
(1) "Administrative authority" means the building
department of each county, city, or town of this state;
(2) "Substantially remodeled or substantially rehabilitated" means any alteration or restoration of a building or
structure within any twelve-month period, the cost of which
exceeds sixty percent of the value of the particular building or
structure;
(3) "Council" means the state building code council.
[1995 c 343 § 5; 1975 1st ex.s. c 110 § 4.]
70.92.140
70.92.140 Minimum standards for facilities—Adoption—Facilities to be included. The *state building code
advisory council shall adopt minimum standards by rule and
regulation for the provision of facilities in buildings and
structures to accommodate the elderly, as well as physically
disabled persons, which shall include but not be limited to
standards for:
(1) Ramps;
(2) Doors and doorways;
(3) Stairs;
(4) Floors;
(5) Entrances;
(6) Toilet rooms and paraphernalia therein;
(7) Water fountains;
(8) Public telephones;
(9) Elevators;
(10) Switches and levers for the control of light, ventilation, windows, mirrors, etc.;
(11) Plaques identifying such facilities;
(12) Turnstiles and revolving doors;
(13) Kitchen facilities, where appropriate;
(14) Grading of approaches to entrances;
(15) Parking facilities;
(16) Seating facilities, where appropriate, in buildings
where people normally assemble. [1975 1st ex.s. c 110 § 5.]
*Reviser’s note: The "state building code advisory council" was redesignated the "state building code council" by 1985 c 360 § 11. See RCW
19.27.070.
70.92.150
70.92.150 Standards adopted by other states to be
considered—Majority vote. The council in adopting these
minimum standards shall consider minimum standards
adopted by both law and rule and regulation in other states
and the government of the United States: PROVIDED, That
no standards adopted by the council pursuant to RCW
70.92.100 through 70.92.160 shall take effect until July 1,
1976. The council shall adopt such standards by majority
[Title 70 RCW—page 172]
(2006 Ed.)
Waste Reduction, Recycling, and Model Litter Control Act
vote pursuant to the provisions of chapter 34.05 RCW. [1995
c 343 § 6; 1975 1st ex.s. c 110 § 6.]
70.92.160 Waiver from compliance with standards.
The administrative authority of any jurisdiction may grant a
waiver from compliance with any standard adopted hereunder for a particular building or structure if it determines that
compliance with the particular standard is impractical: PROVIDED, That such a determination shall be made no later
than at the time of issuance of the building permit for the construction, remodeling, or rehabilitation: PROVIDED FURTHER, That the board of appeals provided for in chapter 1 of
the Uniform Building Code shall have jurisdiction to hear
and decide appeals from any decision by the administrative
authority regarding a waiver or failure to grant a waiver from
compliance with the standards adopted pursuant to RCW
70.92.100 through 70.92.160. The provisions of the Uniform
Building Code regarding the appeals process shall govern the
appeals herein. [1995 c 343 § 7; 1975 1st ex.s. c 110 § 7.]
70.92.160
70.92.170 Personal wireless service facilities—Rules.
(1) The state building code council shall amend its rules
under chapter 70.92 RCW, to the extent practicable while
still maintaining the certification of those regulations under
the federal Americans with disabilities act, to exempt personal wireless services equipment shelters, or the room or
enclosure housing equipment for personal wireless service
facilities, that meet the following conditions: (a) The shelter
is not staffed; and (b) to conduct maintenance activities,
employees who visit the shelter must be able to climb.
(2) For the purposes of this section, "personal wireless
service facilities" means facilities for the provision of personal wireless services. [1996 c 323 § 5.]
70.92.170
Findings—1996 c 323: See note following RCW 43.70.600.
70.93.920
70.93.020
Severability—1979 c 94.
Reviser’s note: Throughout chapter 70.93 RCW, the term "this 1971
amendatory act" has been changed to "this chapter"; "this 1971 amendatory
act" [1971 ex.s. c 307] consists of this chapter, the 1971 amendment to RCW
46.61.655 and the repeal of RCW 9.61.120, 9.66.060, 9.66.070, and
46.61.650.
Local adopt-a-highway programs: RCW 47.40.105.
Solid waste management, recovery and recycling: Chapter 70.95 RCW.
State parks: RCW 79A.05.045.
70.93.010
70.93.010 Legislative findings. (1) The legislature
finds:
(a) Washington state is experiencing rapid population
growth and its citizens are increasingly mobile;
(b) There is a fundamental need for a healthful, clean,
and beautiful environment;
(c) The proliferation and accumulation of litter discarded
throughout this state impairs this need and constitutes a public health hazard;
(d) There is a need to conserve energy and natural
resources, and the effective litter control and recovery and
recycling of litter materials will serve to accomplish such
conservation;
(e) In addition to effective litter control, there must be
effective programs to accomplish waste reduction, the state’s
highest waste management priority; and
(f) There must also be effective systems to accomplish
all components of recycling, including collection and processing.
(2) Recognizing the multifaceted nature of the state’s
solid waste management problems, the legislation enacted in
1971 and entitled the "Model Litter Control and Recycling
Act" is hereby renamed the "waste reduction, recycling, and
model litter control act." [1998 c 257 § 1; 1992 c 175 § 1;
1979 c 94 § 1; 1971 ex.s. c 307 § 1.]
Effective date—1992 c 175: See RCW 82.19.900.
Chapter 70.93 RCW
WASTE REDUCTION, RECYCLING, AND MODEL
LITTER CONTROL ACT
Chapter 70.93
(Formerly: Model litter control and recycling act)
Sections
70.93.010
70.93.020
70.93.030
70.93.040
70.93.050
70.93.060
70.93.070
70.93.080
70.93.090
70.93.095
70.93.097
70.93.110
70.93.180
70.93.200
70.93.210
70.93.220
70.93.230
70.93.250
70.93.900
70.93.910
(2006 Ed.)
Legislative findings.
Declaration of purpose.
Definitions.
Administrative procedure act—Application to chapter.
Enforcement of chapter.
Littering prohibited—Penalties—Litter cleanup restitution
payment.
Collection of fines and forfeitures.
Notice to public—Contents of chapter—Required.
Litter receptacles—Use of anti-litter symbol—Distribution—
Placement—Violations—Penalties.
Marinas and airports—Recycling.
Transported waste must be covered or secured.
Removal of litter—Responsibility.
Waste reduction, recycling, and litter control account—Distribution.
Department of ecology—Administration of anti-litter and
recycling programs—Guidelines—Report to legislature.
Waste reduction, anti-litter, and recycling campaign—Industrial cooperation requested.
Litter collection programs—Department of ecology—Coordinating agency—Use of funds—Reporting.
Violations of chapter—Penalties.
Funding to local governments—Reports.
Severability—1971 ex.s. c 307.
Alternative to Initiative 40—Placement on ballot—Force and
effect of chapter.
70.93.020
70.93.020 Declaration of purpose. The purpose of this
chapter is to accomplish litter control, increase waste reduction, and stimulate all components of recycling throughout
this state by delegating to the department of ecology the
authority to:
(1) Conduct a permanent and continuous program to
control and remove litter from this state to the maximum
practical extent possible;
(2) Recover and recycle waste materials related to litter
and littering;
(3) Foster public and private recycling of recyclable
materials;
(4) Increase public awareness of the need for waste
reduction, recycling, and litter control; and
(5) Coordinate the litter collection efforts and expenditure of funds for litter collection by other agencies identified
in this chapter.
It is further the intent and purpose of this chapter to create jobs for employment of youth in litter cleanup and related
activities and to stimulate and encourage small, private recycling centers. This program shall include the compatible goal
of recovery of recyclable materials to conserve energy and
natural resources wherever practicable. Every other department of state government and all local governmental units
[Title 70 RCW—page 173]
70.93.030
Title 70 RCW: Public Health and Safety
and agencies of this state shall cooperate with the department
of ecology in the administration and enforcement of this
chapter. The intent of this chapter is to add to and to coordinate existing recycling and litter control and removal efforts
and not terminate or supplant such efforts. [1998 c 257 § 2;
1992 c 175 § 2; 1991 c 319 § 101; 1979 c 94 § 2; 1975-’76
2nd ex.s. c 41 § 7; 1971 ex.s. c 307 § 2.]
Effective date—1992 c 175: See RCW 82.19.900.
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
Severability—1975-’76 2nd ex.s. c 41: See RCW 70.95.911.
Solid waste disposal, recovery and recycling: Chapter 70.95 RCW.
70.93.030
70.93.030 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Conveyance" means a boat, airplane, or vehicle.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department of
ecology.
(4) "Disposable package or container" means all packages or containers defined as such by rules adopted by the
department of ecology.
(5) "Junk vehicle" has the same meaning as defined in
RCW 46.55.010.
(6) "Litter" means all waste material including but not
limited to disposable packages or containers thrown or
deposited as herein prohibited and solid waste that is illegally
dumped, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing. "Litter" includes the material described in subsection
(10) of this section as "potentially dangerous litter."
(7) "Litter bag" means a bag, sack, or other container
made of any material which is large enough to serve as a
receptacle for litter inside the vehicle or watercraft of any
person. It is not necessarily limited to the state approved litter bag but must be similar in size and capacity.
(8) "Litter receptacle" means those containers adopted
by the department of ecology and which may be standardized
as to size, shape, capacity, and color and which shall bear the
state anti-litter symbol, as well as any other receptacles suitable for the depositing of litter.
(9) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or other
entity whatsoever.
(10) "Potentially dangerous litter" means litter that is
likely to injure a person or cause damage to a vehicle or other
property. "Potentially dangerous litter" means:
(a) Cigarettes, cigars, or other tobacco products that are
capable of starting a fire;
(b) Glass;
(c) A container or other product made predominantly or
entirely of glass;
(d) A hypodermic needle or other medical instrument
designed to cut or pierce;
(e) Raw human waste, including soiled baby diapers,
regardless of whether or not the waste is in a container of any
sort; and
(f) Nails or tacks.
[Title 70 RCW—page 174]
(11) "Public place" means any area that is used or held
out for use by the public whether owned or operated by public or private interests.
(12) "Recycling" means transforming or remanufacturing waste materials into a finished product for use other than
landfill disposal or incineration.
(13) "Recycling center" means a central collection point
for recyclable materials.
(14) "To litter" means a single or cumulative act of disposing of litter.
(15) "Vehicle" includes every device capable of being
moved upon a public highway and in, upon, or by which any
persons or property is or may be transported or drawn upon a
public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
(16) "Waste reduction" means reducing the amount or
toxicity of waste generated or reusing materials.
(17) "Watercraft" means any boat, ship, vessel, barge, or
other floating craft. [2003 c 337 § 2; 2000 c 154 § 1; 1998 c
257 § 3; 1991 c 319 § 102; 1979 c 94 § 3; 1971 ex.s. c 307 §
3.]
Findings—2003 c 337: See note following RCW 70.93.060.
Severability—2000 c 154: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2000 c 154 § 5.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
70.93.040
70.93.040 Administrative procedure act—Application to chapter. In addition to his other powers and duties,
the director shall have the power to propose and to adopt pursuant to chapter 34.05 RCW rules and regulations necessary
to carry out the provisions, purposes, and intent of this chapter. [1971 ex.s. c 307 § 4.]
70.93.050
70.93.050 Enforcement of chapter. The director shall
designate trained employees of the department to be vested
with police powers to enforce and administer the provisions
of this chapter and all rules adopted thereunder. The director
shall also have authority to contract with other state and local
governmental agencies having law enforcement capabilities
for services and personnel reasonably necessary to carry out
the enforcement provisions of this chapter. In addition, state
patrol officers, fish and wildlife officers, fire wardens, deputy
fire wardens and forest rangers, sheriffs and marshals and
their deputies, and police officers, and those employees of the
department of ecology and the parks and recreation commission vested with police powers all shall enforce the provisions of this chapter and all rules adopted thereunder and are
hereby empowered to issue citations to and/or arrest without
warrant, persons violating any provision of this chapter or
any of the rules adopted hereunder. All of the foregoing
enforcement officers may serve and execute all warrants,
citations, and other process issued by the courts in enforcing
the provisions of this chapter and rules adopted hereunder. In
addition, mailing by registered mail of such warrant, citation,
or other process to his or her last known place of residence
shall be deemed as personal service upon the person charged.
[2001 c 253 § 8; 1980 c 78 § 132; 1979 c 94 § 4; 1971 ex.s. c
307 § 5.]
(2006 Ed.)
Waste Reduction, Recycling, and Model Litter Control Act
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
70.93.060
70.93.060 Littering prohibited—Penalties—Litter
cleanup restitution payment. (1) It is a violation of this section to abandon a junk vehicle upon any property. In addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or
upon private property in this state not owned by him or her or
in the waters of this state whether from a vehicle or otherwise
including but not limited to any public highway, public park,
beach, campground, forest land, recreational area, trailer
park, highway, road, street, or alley except:
(a) When the property is designated by the state or its
agencies or political subdivisions for the disposal of garbage
and refuse, and the person is authorized to use such property
for that purpose;
(b) Into a litter receptacle in a manner that will prevent
litter from being carried away or deposited by the elements
upon any part of the private or public property or waters.
(2)(a) Except as provided in subsection (4) of this section, it is a class 3 civil infraction as provided in RCW
7.80.120 for a person to litter in an amount less than or equal
to one cubic foot.
(b) It is a misdemeanor for a person to litter in an amount
greater than one cubic foot but less than one cubic yard. The
person shall also pay a litter cleanup restitution payment
equal to twice the actual cost of cleanup, or fifty dollars per
cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner
and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in
addition to or in lieu of part or all of the cleanup restitution
payment, order the person to pick up and remove litter from
the property, with prior permission of the legal owner or, in
the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if
the person cleans up and properly disposes of the litter.
(c) It is a gross misdemeanor for a person to litter in an
amount of one cubic yard or more. The person shall also pay
a litter cleanup restitution payment equal to twice the actual
cost of cleanup, or one hundred dollars per cubic foot of litter,
whichever is greater. The court shall distribute one-half of
the restitution payment to the landowner and one-half of the
restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of
part or all of the cleanup restitution payment, order the person
to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property,
of the agency managing the property. The court may suspend
or modify the litter cleanup restitution payment for a firsttime offender under this section, if the person cleans up and
properly disposes of the litter.
(d) If a junk vehicle is abandoned in violation of this section, RCW 46.55.230 governs the vehicle’s removal, disposal, and sale, and the penalties that may be imposed against
the person who abandoned the vehicle.
(3) If the violation occurs in a state park, the court shall,
in addition to any other penalties assessed, order the person to
perform twenty-four hours of community restitution in the
(2006 Ed.)
70.93.090
state park where the violation occurred if the state park has
stated an intent to participate as provided in RCW
79A.05.050.
(4) It is a class 1 civil infraction as provided in RCW
7.80.120 for a person to discard, in violation of this section,
potentially dangerous litter in any amount. [2003 c 337 § 3;
2002 c 175 § 45; 2001 c 139 § 1; 2000 c 154 § 2; 1997 c 159
§ 1; 1996 c 263 § 1; 1993 c 292 § 1; 1983 c 277 § 1; 1979
ex.s. c 39 § 1; 1971 ex.s. c 307 § 6.]
Findings—2003 c 337: "(1) The legislature finds that the littering of
potentially dangerous products poses a greater danger to the public safety
than other classes of litter. Broken glass, human waste, and other dangerous
materials along roadways, within parking lots, and on pedestrian, bicycle,
and recreation trails elevates the risk to public safety, such as vehicle tire
punctures, and the risk to the community volunteers who spend their time
gathering and properly disposing of the litter left behind by others. As such,
the legislature finds that a higher penalty should be imposed on those who
improperly dispose of potentially dangerous products, such as is imposed on
those who improperly dispose of tobacco products.
(2) The legislature further finds that litter is a nuisance, and, in order to
alleviate such a nuisance, counties must be provided statutory authority to
declare what shall be a nuisance, to abate a nuisance, and to impose and collect fines upon parties who may create, cause, or commit a nuisance." [2003
c 337 § 1.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Severability—2000 c 154: See note following RCW 70.93.030.
Lighted material, etc.—Receptacles in conveyances: RCW 76.04.455.
Throwing materials on highway prohibited—Removal: RCW 46.61.645.
70.93.070
70.93.070 Collection of fines and forfeitures. The
director may prescribe the procedures for the collection of
penalties, costs, and other charges allowed by chapter 7.80
RCW for violations of this chapter. [1996 c 263 § 2; 1993 c
292 § 2; 1983 c 277 § 2; 1971 ex.s. c 307 § 7.]
70.93.080
70.93.080 Notice to public—Contents of chapter—
Required. Pertinent portions of this chapter shall be posted
along the public highways of this state and in all campgrounds and trailer parks, at all entrances to state parks, forest
lands, and recreational areas, at all public beaches, and at
other public places in this state where persons are likely to be
informed of the existence and content of this chapter and the
penalties for violating its provisions. [1971 ex.s. c 307 § 8.]
70.93.090
70.93.090 Litter receptacles—Use of anti-litter symbol—Distribution—Placement—Violations—Penalties.
The department shall design and the director shall adopt by
rule or regulation one or more types of litter receptacles
which are reasonably uniform as to size, shape, capacity and
color, for wide and extensive distribution throughout the public places of this state. Each such litter receptacle shall bear
an anti-litter symbol as designed and adopted by the department. In addition, all litter receptacles shall be designed to
attract attention and to encourage the depositing of litter.
Litter receptacles of the uniform design shall be placed
along the public highways of this state and at all parks, campgrounds, trailer parks, drive-in restaurants, gasoline service
stations, tavern parking lots, shopping centers, grocery store
parking lots, parking lots of major industrial firms, marinas,
boat launching areas, boat moorage and fueling stations, public and private piers, beaches and bathing areas, and such
other public places within this state as specified by rule or
regulation of the director adopted pursuant to chapter 34.05
[Title 70 RCW—page 175]
70.93.095
Title 70 RCW: Public Health and Safety
RCW. The number of such receptacles required to be placed
as specified herein shall be determined by a formula related
to the need for such receptacles.
It shall be the responsibility of any person owning or
operating any establishment or public place in which litter
receptacles of the uniform design are required by this section
to procure and place such receptacles at their own expense on
the premises in accord with rules and regulations adopted by
the department.
Any person, other than a political subdivision, government agency, or municipality, who fails to place such litter
receptacles on the premises in the numbers required by rule
or regulation of the department, violating the provisions of
this section or rules or regulations adopted thereunder shall
be subject to a fine of ten dollars for each day of violation.
[1998 c 257 § 4; 1979 c 94 § 5; 1971 ex.s. c 307 § 9.]
70.93.095
70.93.095 Marinas and airports—Recycling. (1)
Each marina with thirty or more slips and each airport providing regularly scheduled commercial passenger service shall
provide adequate recycling receptacles on, or adjacent to, its
facility. The receptacles shall be clearly marked for the disposal of at least two of the following recyclable materials:
Aluminum, glass, newspaper, plastic, and tin.
(2) Marinas and airports subject to this section shall not
be required to provide recycling receptacles until the city or
county in which it is located adopts a waste reduction and
recycling element of a solid waste management plan pursuant
to RCW 70.95.090. [1991 c 11 § 2.]
70.93.097
70.93.097 Transported waste must be covered or
secured. (1) By January 1, 1994, each county or city with a
staffed transfer station or landfill in its jurisdiction shall
adopt an ordinance to reduce litter from vehicles. The ordinance shall require the operator of a vehicle transporting
solid waste to a staffed transfer station or landfill to secure or
cover the vehicle’s waste in a manner that will prevent spillage. The ordinance may provide exemptions for vehicle operators transporting waste that is unlikely to spill from a vehicle.
The ordinance shall, in the absence of an exemption,
require a fee, in addition to other landfill charges, for a person
arriving at a staffed landfill or transfer station without a cover
on the vehicle’s waste or without the waste secured.
(2) The fee collected under subsection (1) of this section
shall be deposited, no less often than quarterly, with the city
or county in which the landfill or transfer station is located.
(3) A vehicle transporting sand, dirt, or gravel in compliance with the provisions of RCW 46.61.655 shall not be
required to secure or cover a load pursuant to ordinances
adopted under this section. [1993 c 399 § 1.]
70.93.110
70.93.110 Removal of litter—Responsibility.
Responsibility for the removal of litter from receptacles
placed at parks, beaches, campgrounds, trailer parks, and
other public places shall remain upon those state and local
agencies performing litter removal. Removal of litter from
litter receptacles placed on private property which is used by
the public shall remain the responsibility of the owner of such
private property. [1971 ex.s. c 307 § 11.]
[Title 70 RCW—page 176]
70.93.180
70.93.180 Waste reduction, recycling, and litter control account—Distribution. (1) There is hereby created an
account within the state treasury to be known as the "waste
reduction, recycling, and litter control account". Moneys in
the account may be spent only after appropriation. Expenditures from the waste reduction, recycling, and litter control
account shall be used as follows:
(a) Fifty percent to the department of ecology, for use by
the departments of ecology, natural resources, revenue, transportation, and corrections, and the parks and recreation commission, for use in litter collection programs, to be distributed
under RCW 70.93.220. The amount to the department of
ecology shall also be used for a central coordination function
for litter control efforts statewide, for the biennial litter survey under RCW 70.93.200(8), and for statewide public
awareness programs under RCW 70.93.200(7). The amount
to the department shall also be used to defray the costs of
administering the funding, coordination, and oversight of
local government programs for waste reduction, litter control,
and recycling, so that local governments can apply one hundred percent of their funding to achieving program goals.
The amount to the department of revenue shall be used to
enforce compliance with the litter tax imposed in chapter
82.19 RCW;
(b) Twenty percent to the department for local government funding programs for waste reduction, litter control,
and recycling activities by cities and counties under RCW
70.93.250, to be administered by the department of ecology;
and
(c) Thirty percent to the department of ecology for waste
reduction and recycling efforts.
(2) All taxes imposed in RCW 82.19.010 and fines and
bail forfeitures collected or received pursuant to this chapter
shall be deposited in the waste reduction, recycling, and litter
control account and used for the programs under subsection
(1) of this section.
(3) Not less than five percent and no more than ten percent of the amount appropriated into the waste reduction,
recycling, and litter control account every biennium shall be
reserved for capital needs, including the purchase of vehicles
for transporting crews and for collecting litter and solid
waste. Capital funds shall be distributed among state agencies and local governments according to the same criteria
provided in RCW 70.93.220 for the remainder of the funds,
so that the most effective waste reduction, litter control, and
recycling programs receive the most funding. The intent of
this subsection is to provide funds for the purchase of equipment that will enable the department to account for the greatest return on investment in terms of reaching a zero litter
goal.
(4) During the 2005-2007 fiscal biennium, the legislature
may transfer from the waste reduction, recycling, and litter
control account to the state general fund such amounts as
reflect the excess fund balance of the account. [2005 c 518 §
939; 1998 c 257 § 5; 1992 c 175 § 8; 1991 sp.s. c 13 § 40;
1985 c 57 § 68; 1983 c 277 § 3; 1971 ex.s. c 307 § 18.]
Severability—Effective date—2005 c 518: See notes following RCW
28A.305.210.
Effective date—1992 c 175: See RCW 82.19.900.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
(2006 Ed.)
Waste Reduction, Recycling, and Model Litter Control Act
Effective date—1985 c 57: See note following RCW 18.04.105.
70.93.200 Department of ecology—Administration
of anti-litter and recycling programs—Guidelines—
Report to legislature. In addition to the foregoing, the
department of ecology shall:
(1) Serve as the coordinating agency between the various
industry organizations seeking to aid in the waste reduction,
anti-litter, and recycling efforts;
(2) Serve as the coordinating and administrating agency
for all state agencies and local governments receiving funds
for waste reduction, litter control, and recycling under this
chapter;
(3) Recommend to the governing bodies of all local governments that they adopt ordinances similar to the provisions
of this chapter;
(4) Cooperate with all local governments to accomplish
coordination of local waste reduction, anti-litter, and recycling efforts;
(5) Encourage, organize, and coordinate all voluntary
local waste reduction, anti-litter, and recycling campaigns
seeking to focus the attention of the public on the programs of
this state to reduce waste, control and remove litter, and foster recycling;
(6) Investigate the availability of, and apply for funds
available from any private or public source to be used in the
program outlined in this chapter;
(7) Develop statewide programs by working with local
governments, payers of the waste reduction, recycling, and
litter control tax, and industry organizations that are active in
waste reduction, anti-litter, and recycling efforts to increase
public awareness of and participation in recycling and to
stimulate and encourage local private recycling centers, public participation in recycling and research and development in
the field of litter control, and recycling, removal, and disposal
of litter-related recycling materials;
(8) Conduct a biennial statewide litter survey targeted at
litter composition, sources, demographics, and geographic
trends; and
(9) Provide a biennial summary of all waste reduction,
litter control, and recycling efforts statewide including those
of the department of ecology, and other state agencies and
local governments funded for such programs under this chapter. This report is due to the legislature in March of evennumbered years. [1998 c 257 § 8; 1979 c 94 § 7; 1971 ex.s. c
307 § 20.]
70.93.200
70.93.210 Waste reduction, anti-litter, and recycling
campaign—Industrial cooperation requested. To aid in
the statewide waste reduction, anti-litter, and recycling campaign, the state legislature requests that the payers of the
waste reduction, recycling, and litter control tax and the various industry organizations which are active in waste reduction, anti-litter, and recycling efforts provide active cooperation with the department of ecology so that additional effect
may be given to the waste reduction, anti-litter, and recycling
campaign of the state of Washington. [1998 c 257 § 9; 1979
c 94 § 8; 1971 ex.s. c 307 § 21.]
70.93.210
70.93.220 Litter collection programs—Department
of ecology—Coordinating agency—Use of funds—
70.93.220
(2006 Ed.)
70.93.250
Reporting. (1) The department of ecology is the coordinating and administrative agency working with the departments
of natural resources, revenue, transportation, and corrections,
and the parks and recreation commission in developing a
biennial budget request for funds for the various agencies’ litter collection programs.
(2) Funds may be used to meet the needs of efficient and
effective litter collection and illegal dumping programs identified by the various agencies. The department shall develop
criteria for evaluating the effectiveness and efficiency of the
waste reduction, litter control, and recycling programs being
administered by the various agencies listed in RCW
70.93.180, and shall distribute funds according to the effectiveness and efficiency of those programs. In addition, the
department shall approve funding requests for efficient and
effective waste reduction, litter control, and recycling programs, provide funds, and monitor the results of all agency
programs.
(3) All agencies are responsible for reporting information on their litter collection programs, as requested by the
department of ecology. Beginning in the year 2000, this
information shall be provided to the department by March of
even-numbered years. In 1998, this information shall be provided by July 1st.
(4) By December 1998, and in every even-numbered
year thereafter, the department shall provide a report to the
legislature summarizing biennial waste reduction, litter control, and recycling activities by state agencies and submitting
the coordinated litter budget request of all agencies. [1998 c
257 § 6.]
70.93.230
70.93.230 Violations of chapter—Penalties. Every
person convicted of a violation of this chapter for which no
penalty is specially provided for shall be punished by a fine
of not more than fifty dollars for each such violation. [1983
c 277 § 4; 1971 ex.s. c 307 § 23.]
70.93.250
70.93.250 Funding to local governments—Reports.
(1) The department shall provide funding to local units of
government to establish, conduct, and evaluate community
restitution and other programs for waste reduction, litter and
illegal dump cleanup, and recycling. Programs eligible for
funding under this section shall include, but not be limited to,
programs established pursuant to RCW 72.09.260.
(2) Funds may be offered for costs associated with community waste reduction, litter cleanup and prevention, and
recycling activities. The funding program must be flexible,
allowing local governments to use funds broadly to meet
their needs to reduce waste, control litter and illegal dumping, and promote recycling. Local governments are required
to contribute resources or in-kind services. The department
shall evaluate funding requests from local government
according to the same criteria as those developed in RCW
70.93.220, provide funds according to the effectiveness and
efficiency of local government litter control programs, and
monitor the results of all local government programs under
this section.
(3) Local governments shall report information as
requested by the department in funding agreements entered
into by the department and a local government. The depart[Title 70 RCW—page 177]
70.93.900
Title 70 RCW: Public Health and Safety
ment shall report to the appropriate standing committees of
the legislature by December of even-numbered years on the
effectiveness of local government waste reduction, litter, and
recycling programs funded under this section. [2002 c 175 §
46. Prior: 1998 c 257 § 10; 1998 c 245 § 128; 1990 c 66 § 3.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Findings—Intent—1990 c 66: See note following RCW 72.09.260.
70.93.900
70.93.900 Severability—1971 ex.s. c 307. If any provision of this 1971 amendatory act or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provisions to other persons or
circumstances is not affected. [1971 ex.s. c 307 § 25.]
70.93.910
70.93.910 Alternative to Initiative 40—Placement on
ballot—Force and effect of chapter. This 1971 amendatory
act constitutes an alternative to Initiative 40. The secretary of
state is directed to place this 1971 amendatory act on the ballot in conjunction with Initiative 40 at the next general election.
This 1971 amendatory act shall continue in force and
effect until the secretary of state certifies the election results
on this 1971 amendatory act. If affirmatively approved at the
general election, this 1971 amendatory act shall continue in
effect thereafter. [1971 ex.s. c 307 § 27.]
Reviser’s note: Chapter 70.93 RCW [1971 ex.s. c 307] was approved
and validated at the November 7, 1972, general election as Alternative Initiative Measure 40B.
70.94.091
70.94.092
70.94.093
70.94.094
70.94.095
70.94.096
70.94.097
70.94.100
70.94.110
70.94.120
70.94.130
70.94.141
70.94.142
70.94.143
70.94.151
70.94.152
70.94.153
70.94.154
70.94.155
70.94.157
70.94.161
70.94.162
70.94.163
70.93.920
70.93.920 Severability—1979 c 94. If any provision of
this 1979 act or its application to any person or circumstance
is held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1979 c 94 § 11.]
Chapter 70.94
Chapter 70.94 RCW
WASHINGTON CLEAN AIR ACT
70.94.030
70.94.033
70.94.035
70.94.037
70.94.040
70.94.041
70.94.053
70.94.055
70.94.057
70.94.068
70.94.069
70.94.070
70.94.081
70.94.085
70.94.200
70.94.205
70.94.211
70.94.221
70.94.230
70.94.231
Sections
70.94.011
70.94.015
70.94.017
70.94.025
70.94.165
70.94.170
70.94.181
Declaration of public policies and purpose.
Air pollution control account—Air operating permit account.
Air pollution control account—Subaccount distribution.
Pollution control hearings board of the state of Washington as
affecting chapter 70.94 RCW.
Definitions.
Environmental excellence program agreements—Effect on
chapter.
Technical assistance program for regulated community.
Transportation activities—"Conformity" determination
requirements.
Causing or permitting air pollution unlawful—Exception.
Exception—Burning wood at historic structure.
Air pollution control authorities created—Activated authorities, composition, meetings—Delineation of air pollution
regions, considerations.
Air pollution control authority may be activated by counties,
when.
Multicounty authority may be formed by contiguous counties—Name.
Merger of active and inactive authorities to form multicounty
or regional authority—Procedure.
Merger of active and inactive authorities to form multicounty
or regional authority—Reorganization of board of directors—Rules and regulations.
Resolutions activating authorities—Contents—Filings—
Effective date of operation.
Powers and duties of authorities.
Cost-reimbursement agreements.
[Title 70 RCW—page 178]
70.94.240
70.94.260
70.94.262
70.94.331
70.94.332
70.94.335
70.94.350
70.94.370
70.94.380
70.94.385
70.94.390
70.94.395
70.94.400
70.94.405
70.94.410
70.94.420
70.94.422
Excess tax levy authorized—Election, procedure, expense.
Air pollution control authority—Fiscal year—Adoption of
budget—Contents.
Methods for determining proportion of supplemental income
to be paid by component cities, towns and counties—Payment.
Designation of authority treasurer and auditor—Duties.
Assessed valuation of taxable property, certification by county
assessors.
Authorization to borrow money.
Special air pollution studies—Contracts for conduct of.
Air pollution control authority—Board of directors—Composition—Term.
City selection committees.
City selection committees—Meetings, notice, recording
officer—Alternative mail balloting—Notice.
Air pollution control authority—Board of directors—Powers,
quorum, officers, compensation.
Air pollution control authority—Powers and duties of activated authority.
Subpoena powers—Witnesses, expenses and mileage—Rules
and regulations.
Federal aid.
Classification of air contaminant sources—Registration—
Fee—Registration program defined.
Notice may be required of construction of proposed new contaminant source—Submission of plans—Approval, disapproval—Emission control—"De minimis new sources"
defined.
Existing stationary source—Replacement or substantial alteration of emission control technology.
RACT requirements.
Control of emissions—Bubble concept—Schedules of compliance.
Preemption of uniform building and fire codes.
Operating permits for air contaminant sources—Generally—
Fees, report to legislature.
Annual fees from operating permit program source to cover
cost of program.
Source categories not required to have a permit—Recommendations.
Gasoline recovery devices—Limitation on requiring.
Air pollution control authority control officer.
Variances—Application for—Considerations—Limitations—
Renewals—Review.
Investigation of conditions by control officer or department—
Entering private, public property.
Confidentiality of records and information.
Enforcement actions by air authority—Notice to violators.
Order final unless appealed to pollution control hearings
board.
Rules of authority supersede local rules, regulations, etc.—
Exceptions.
Air pollution control authority—Dissolution of prior districts—Continuation of rules and regulations until superseded.
Air pollution control advisory council.
Dissolution of authority—Deactivation of authority.
Withdrawal from multicounty authority.
Powers and duties of department.
Enforcement actions by department—Notice to violators.
Hazardous substance remedial actions—Procedural requirements not applicable.
Contracts, agreements for use of personnel by department—
Reimbursement—Merit system regulations waived.
Powers and rights of governmental units and persons are not
limited by act or recommendations.
Emission control requirements.
State financial aid—Application for—Requirements.
Hearing upon activation of authority—Finding—Assumption
of jurisdiction by department—Expenses.
Air contaminant sources—Regulation by department; authorities may be more stringent—Hearing—Standards.
Order activating authority—Filing—Hearing—Amendment
of order.
Air pollution control authority—Review by department of program.
Air pollution control authority—Assumption of control by
department.
State departments and agencies to cooperate with department
and authorities.
Department of health powers regarding radionuclides—
Energy facility site evaluation council authority over permit
program sources.
(2006 Ed.)
Washington Clean Air Act
70.94.425
70.94.430
70.94.431
70.94.435
70.94.440
70.94.445
70.94.450
70.94.453
70.94.455
70.94.457
70.94.460
70.94.463
70.94.467
70.94.470
70.94.473
70.94.475
70.94.477
70.94.480
70.94.483
70.94.510
70.94.521
70.94.524
70.94.527
70.94.528
70.94.531
70.94.534
70.94.537
70.94.541
70.94.544
70.94.547
70.94.551
70.94.555
70.94.600
70.94.610
70.94.620
70.94.630
70.94.640
70.94.645
70.94.650
70.94.651
70.94.654
70.94.656
70.94.660
70.94.665
70.94.670
70.94.690
70.94.700
70.94.710
(2006 Ed.)
Restraining orders—Injunctions.
Penalties.
Civil penalties—Excusable excess emissions.
Additional means for enforcement of chapter.
Short title.
Air pollution control facilities—Tax exemptions and credits.
Wood stoves—Policy.
Wood stoves—Definitions.
Residential and commercial construction—Burning and heating device standards.
Solid fuel burning devices—Emission performance standards.
Sale of unapproved wood stoves—Prohibited.
Sale of unapproved wood stoves—Penalty.
Sale of unapproved wood stoves—Application of law to
advertising media.
Residential solid fuel burning devices—Opacity levels—
Enforcement and public education.
Limitations on burning wood for heat.
Liability of condominium owners’ association or resident
association.
Limitations on use of solid fuel burning devices.
Wood stove education program.
Wood stove education and enforcement account created—Fee
imposed on solid fuel burning device sales.
Policy to cooperate with federal government.
Transportation demand management—Findings.
Transportation demand management—Definitions.
Transportation demand management—Requirements for
counties and cities.
Transportation demand management—Growth and transportation efficiency centers.
Transportation demand management—Requirements for
employers.
Transportation demand management—Jurisdictions’ review
and penalties.
Transportation demand management—Commute trip reduction board.
Transportation demand management—Technical assistance.
Transportation demand management—Use of funds.
Transportation demand management—Intent—State leadership.
Transportation demand management—State agencies—
Reports.
Transportation demand management—Collective bargaining
powers unaffected.
Reports of authorities to department of ecology—Contents.
Burning used oil fuel in land-based facilities.
Metals mining and milling operations permits—Inspections by
department of ecology.
Sulfur dioxide abatement account—Coal-fired thermal electric
generation facilities—Application—Determination and
assessment of progress—Certification of pollution level—
Reimbursement—Time limit for and extension of account.
Odors or fugitive dust caused by agricultural activities consistent with good agricultural practices exempt from chapter.
Ammonia emissions from use as agricultural or silvicultural
fertilizer—Regulation prohibited.
Burning permits for weed abatement, fire fighting instruction,
or agriculture activities—Issuance—Agricultural burning
practices and research task force—Exemption for aircraft
crash fire rescue training activities.
Burning permits for regeneration of rare and endangered
plants; Indian ceremonies.
Delegation of permit issuance and enforcement to political
subdivisions.
Open burning of grasses grown for seed—Alternatives—Studies—Deposit of permit fees in special grass seed burning
account—Procedures—Limitations—Report.
Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural
operations—Issuance.
Silvicultural forest burning—Reduce statewide emissions—
Exemption—Monitoring program.
Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural
operations—Conditions for issuance and use of permits—
Air quality standards to be met—Alternate methods to lessen
forest debris.
Cooperation between department of natural resources and
state, local, or regional air pollution authorities—Withholding of permits.
Rules and regulations.
Air pollution episodes—Legislative finding—Declaration of
policy.
70.94.715
70.94.720
70.94.725
70.94.730
70.94.743
70.94.745
70.94.750
70.94.755
70.94.760
70.94.765
70.94.775
70.94.780
70.94.785
70.94.800
70.94.805
70.94.820
70.94.850
70.94.860
70.94.875
70.94.880
70.94.892
70.94.901
70.94.902
70.94.904
70.94.905
70.94.906
70.94.911
70.94.950
70.94.960
70.94.970
70.94.980
70.94.990
70.94.996
70.94.011
Air pollution episodes—Episode avoidance plan—Contents—
Source emission reduction plans—Authority—Considered
orders.
Air pollution episodes—Declaration of air pollution emergency by governor.
Air pollution episodes—Restraining orders, temporary injunctions to enforce orders—Procedure.
Air pollution episodes—Orders to be effective immediately.
Outdoor burning—Areas where prohibited—Exceptions—
Use for management of storm or flood-related debris—Silvicultural burning.
Limited outdoor burning—Program—Exceptions.
Limited outdoor burning—Permits issued by political subdivisions—Types of fires permitted.
Limited outdoor burning—Establishment of program.
Limited outdoor burning—Construction.
Limited outdoor burning—Authority of local air pollution
control authority or department of ecology to allow outdoor
fires not restricted.
Outdoor burning—Fires prohibited—Exceptions.
Outdoor burning—Permits issued by political subdivisions.
Plans approved pursuant to federal clean air act—Enforcement
authority.
Legislative declaration—Intent.
Definitions.
Monitoring by department of ecology.
Emission credits banking program—Amount of credit.
Department of ecology may accept delegation of programs.
Evaluation of information on acid deposition in Pacific Northwest—Establishment of critical levels—Notification of legislature.
Establishment of critical deposition and acidification levels—
Considerations.
Carbon dioxide mitigation—Fees.
Construction—1967 c 238.
Construction, repeal of RCW 70.94.061 through 70.94.066—
Saving.
Effective dates—1991 c 199.
Severability—1991 c 199.
Captions not law.
Severability—1967 c 238.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for
five years.
Clean fuel matching grants for public transit, vehicle mechanics, and refueling infrastructure.
Chlorofluorocarbons—Ozone—Refrigerants regulated.
Refrigerants—Unlawful acts.
Refrigerants—Rules—Enforcement provisions, limitations.
Grant program for ride sharing.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
Pollution Disclosure Act of 1971: Chapter 90.52 RCW.
Tax exemptions and credits for air pollution control facilities: Chapter
82.34 RCW.
Washington clean indoor air act: Chapter 70.160 RCW.
70.94.011
70.94.011 Declaration of public policies and purpose.
It is declared to be the public policy to preserve, protect, and
enhance the air quality for current and future generations. Air
is an essential resource that must be protected from harmful
levels of pollution. Improving air quality is a matter of statewide concern and is in the public interest. It is the intent of
this chapter to secure and maintain levels of air quality that
protect human health and safety, including the most sensitive
members of the population, to comply with the requirements
of the federal clean air act, to prevent injury to plant, animal
life, and property, to foster the comfort and convenience of
Washington’s inhabitants, to promote the economic and
social development of the state, and to facilitate the enjoyment of the natural attractions of the state.
It is further the intent of this chapter to protect the public
welfare, to preserve visibility, to protect scenic, aesthetic,
historic, and cultural values, and to prevent air pollution
[Title 70 RCW—page 179]
70.94.015
Title 70 RCW: Public Health and Safety
problems that interfere with the enjoyment of life, property,
or natural attractions.
Because of the extent of the air pollution problem the
legislature finds it necessary to return areas with poor air
quality to levels adequate to protect health and the environment as expeditiously as possible but no later than December
31, 1995. Further, it is the intent of this chapter to prevent any
areas of the state with acceptable air quality from reaching air
contaminant levels that are not protective of human health
and the environment.
The legislature recognizes that air pollution control
projects may affect other environmental media. In selecting
air pollution control strategies state and local agencies shall
support those strategies that lessen the negative environmental impact of the project on all environmental media, including air, water, and land.
The legislature further recognizes that energy efficiency
and energy conservation can help to reduce air pollution and
shall therefore be considered when making decisions on air
pollution control strategies and projects.
It is the policy of the state that the costs of protecting the
air resource and operating state and local air pollution control
programs shall be shared as equitably as possible among all
sources whose emissions cause air pollution.
It is also declared as public policy that regional air pollution control programs are to be encouraged and supported to
the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality.
To these ends it is the purpose of this chapter to safeguard the public interest through an intensive, progressive,
and coordinated statewide program of air pollution prevention and control, to provide for an appropriate distribution of
responsibilities, and to encourage coordination and cooperation between the state, regional, and local units of government, to improve cooperation between state and federal government, public and private organizations, and the concerned
individual, as well as to provide for the use of all known,
available, and reasonable methods to reduce, prevent, and
control air pollution.
The legislature recognizes that the problems and effects
of air pollution cross political boundaries, are frequently
regional or interjurisdictional in nature, and are dependent
upon the existence of human activity in areas having common topography and weather conditions conducive to the
buildup of air contaminants. In addition, the legislature recognizes that air pollution levels are aggravated and compounded by increased population, and its consequences.
These changes often result in increasingly serious problems
for the public and the environment.
The legislature further recognizes that air emissions
from thousands of small individual sources are major contributors to air pollution in many regions of the state. As the population of a region grows, small sources may contribute an
increasing proportion of that region’s total air emissions. It is
declared to be the policy of the state to achieve significant
reductions in emissions from those small sources whose
aggregate emissions constitute a significant contribution to
air pollution in a particular region.
It is the intent of the legislature that air pollution goals be
incorporated in the missions and actions of state agencies.
[Title 70 RCW—page 180]
[1991 c 199 § 102; 1973 1st ex.s. c 193 § 1; 1969 ex.s. c 168
§ 1; 1967 c 238 § 1.]
Finding—1991 c 199: "The legislature finds that ambient air pollution
is the most serious environmental threat in Washington state. Air pollution
causes significant harm to human health; damages the environment, including trees, crops, and animals; causes deterioration of equipment and materials; contributes to water pollution; and degrades the quality of life.
Over three million residents of Washington state live where air pollution levels are considered unhealthful. Of all toxic chemicals released into
the environment more than half enter our breathing air. Citizens of Washington state spend hundreds of millions of dollars annually to offset health, environmental, and material damage caused by air pollution. The legislature considers such air pollution levels, costs, and damages to be unacceptable.
It is the intent of this act that the implementation of programs and regulations to control air pollution shall be the primary responsibility of the
department of ecology and local air pollution control authorities." [1991 c
199 § 101.]
Alternative fuel and solar powered vehicles—1991 c 199: "The
department of ecology shall contract with Western Washington University
for the biennium ending June 30, 1993, for research and development of
alternative fuel and solar powered vehicles. A report on the progress of such
research shall be presented to the standing environmental committees and
the department by January 1, 1994." [1991 c 199 § 230.]
70.94.015 Air pollution control account—Air operating permit account. (1) The air pollution control account is
established in the state treasury. All receipts collected by or
on behalf of the department from RCW 70.94.151(2), and
receipts from nonpermit program sources under RCW
70.94.152(1) and 70.94.154(7), and all receipts from RCW
70.94.650, 70.94.660, *82.44.020(2), and *82.50.405 shall
be deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the account
may be used only to develop and implement the provisions of
chapters 70.94 and 70.120 RCW.
(2) The amounts collected and allocated in accordance
with this section shall be expended upon appropriation except
as otherwise provided in this section and in accordance with
the following limitations:
Portions of moneys received by the department of ecology from the air pollution control account shall be distributed
by the department to local authorities based on:
(a) The level and extent of air quality problems within
such authority’s jurisdiction;
(b) The costs associated with implementing air pollution
regulatory programs by such authority; and
(c) The amount of funding available to such authority
from other sources, whether state, federal, or local, that could
be used to implement such programs.
(3) The air operating permit account is created in the custody of the state treasurer. All receipts collected by or on
behalf of the department from permit program sources under
RCW 70.94.152(1), 70.94.161, 70.94.162, and 70.94.154(7)
shall be deposited into the account. Expenditures from the
account may be used only for the activities described in RCW
70.94.152(1), 70.94.161, 70.94.162, and 70.94.154(7). Moneys in the account may be spent only after appropriation.
[1998 c 321 § 33 (Referendum Bill No. 49, approved November 3, 1998); 1993 c 252 § 1; 1991 c 199 § 228.]
70.94.015
*Reviser’s note: RCW 82.44.020 and 82.50.405 were repealed by
2000 1st sp.s. c 1 § 2.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note following
RCW 35.58.410.
(2006 Ed.)
Washington Clean Air Act
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.017
70.94.017 Air pollution control account—Subaccount distribution. (Expires July 1, 2020.) (1) Money
deposited in the segregated subaccount of the air pollution
control account under RCW 46.68.020(2) shall be distributed
as follows:
(a) Eighty-five percent shall be distributed to air pollution control authorities created under this chapter. The
money must be distributed in direct proportion with the
amount of fees imposed under RCW 46.12.080, 46.12.170,
and 46.12.181 that are collected within the boundaries of
each authority. However, an amount in direct proportion
with those fees collected in counties for which no air pollution control authority exists must be distributed to the department.
(b) The remaining fifteen percent shall be distributed to
the department.
(2) Money distributed to air pollution control authorities
and the department under subsection (1) of this section must
be used as follows:
(a) Eighty-five percent of the money received by an air
pollution control authority or the department is available on a
priority basis to retrofit school buses with exhaust emission
control devices or to provide funding for fueling infrastructure necessary to allow school bus fleets to use alternative,
cleaner fuels. In addition, the director of ecology or the air
pollution control officer may direct funding under this section for other publicly owned diesel equipment if the director
of ecology or the air pollution control officer finds that funding for other publicly owned diesel equipment will provide
public health benefits and further the purposes of this chapter.
(b) The remaining fifteen percent may be used by the air
pollution control authority or department to reduce transportation-related air contaminant emissions and clean up air pollution, or reduce and monitor toxic air contaminants.
(3) Money in the air pollution control account may be
spent by the department only after appropriation.
(4) This section expires July 1, 2020. [2005 c 295 § 5;
2003 c 264 § 1.]
Effective date—2005 c 295 §§ 5, 6, and 10: "Sections 5, 6, and 10 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and take effect July 1, 2005." [2005 c 295 § 14.]
Findings—2005 c 295: See note following RCW 70.120A.010.
70.94.025
70.94.025 Pollution control hearings board of the
state of Washington as affecting chapter 70.94 RCW.
See chapter 43.21B RCW.
70.94.030
70.94.030 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Air contaminant" means dust, fumes, mist, smoke,
other particulate matter, vapor, gas, odorous substance, or
any combination thereof.
(2) "Air pollution" is presence in the outdoor atmosphere
of one or more air contaminants in sufficient quantities and of
such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or
which unreasonably interfere with enjoyment of life and
(2006 Ed.)
70.94.030
property. For the purpose of this chapter, air pollution shall
not include air contaminants emitted in compliance with
chapter 17.21 RCW.
(3) "Air quality standard" means an established concentration, exposure time, and frequency of occurrence of an air
contaminant or multiple contaminants in the ambient air
which shall not be exceeded.
(4) "Ambient air" means the surrounding outside air.
(5) "Authority" means any air pollution control agency
whose jurisdictional boundaries are coextensive with the
boundaries of one or more counties.
(6) "Best available control technology" (BACT) means
an emission limitation based on the maximum degree of
reduction for each air pollutant subject to regulation under
this chapter emitted from or that results from any new or
modified stationary source, that the permitting authority, on a
case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is
achievable for such a source or modification through application of production processes and available methods, systems,
and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of
each such a pollutant. In no event shall application of "best
available control technology" result in emissions of any pollutants that will exceed the emissions allowed by any applicable standard under 40 C.F.R. Part 60 and Part 61, as they exist
on July 25, 1993, or their later enactments as adopted by reference by the director by rule. Emissions from any source
utilizing clean fuels, or any other means, to comply with this
subsection shall not be allowed to increase above levels that
would have been required under the definition of BACT as it
existed prior to enactment of the federal clean air act amendments of 1990.
(7) "Best available retrofit technology" (BART) means
an emission limitation based on the degree of reduction
achievable through the application of the best system of continuous emission reduction for each pollutant that is emitted
by an existing stationary facility. The emission limitation
must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance,
the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and
the degree of improvement in visibility that might reasonably
be anticipated to result from the use of the technology.
(8) "Board" means the board of directors of an authority.
(9) "Control officer" means the air pollution control
officer of any authority.
(10) "Department" or "ecology" means the department of
ecology.
(11) "Emission" means a release of air contaminants into
the ambient air.
(12) "Emission standard" and "emission limitation"
mean a requirement established under the federal clean air act
or this chapter that limits the quantity, rate, or concentration
of emissions of air contaminants on a continuous basis,
including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction,
and any design, equipment, work practice, or operational
standard adopted under the federal clean air act or this chapter.
[Title 70 RCW—page 181]
70.94.033
Title 70 RCW: Public Health and Safety
(13) "Fine particulate" means particulates with a diameter of two and one-half microns and smaller.
(14) "Lowest achievable emission rate" (LAER) means
for any source that rate of emissions that reflects:
(a) The most stringent emission limitation that is contained in the implementation plan of any state for such class
or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not
achievable; or
(b) The most stringent emission limitation that is
achieved in practice by such class or category of source,
whichever is more stringent.
In no event shall the application of this term permit a
proposed new or modified source to emit any pollutant in
excess of the amount allowable under applicable new source
performance standards.
(15) "Modification" means any physical change in, or
change in the method of operation of, a stationary source that
increases the amount of any air contaminant emitted by such
source or that results in the emission of any air contaminant
not previously emitted. The term modification shall be construed consistent with the definition of modification in Section 7411, Title 42, United States Code, and with rules implementing that section.
(16) "Multicounty authority" means an authority which
consists of two or more counties.
(17) "New source" means (a) the construction or modification of a stationary source that increases the amount of any
air contaminant emitted by such source or that results in the
emission of any air contaminant not previously emitted, and
(b) any other project that constitutes a new source under the
federal clean air act.
(18) "Permit program source" means a source required to
apply for or to maintain an operating permit under RCW
70.94.161.
(19) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.
(20) "Reasonably available control technology" (RACT)
means the lowest emission limit that a particular source or
source category is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility. RACT is determined
on a case-by-case basis for an individual source or source category taking into account the impact of the source upon air
quality, the availability of additional controls, the emission
reduction to be achieved by additional controls, the impact of
additional controls on air quality, and the capital and operating costs of the additional controls. RACT requirements for
a source or source category shall be adopted only after notice
and opportunity for comment are afforded.
(21) "Silvicultural burning" means burning of wood fiber
on forest land consistent with the provisions of RCW
70.94.660.
(22) "Source" means all of the emissions units including
quantifiable fugitive emissions, that are located on one or
more contiguous or adjacent properties, and are under the
control of the same person, or persons under common control, whose activities are ancillary to the production of a single product or functionally related group of products.
[Title 70 RCW—page 182]
(23) "Stationary source" means any building, structure,
facility, or installation that emits or may emit any air contaminant.
(24) "Trigger level" means the ambient level of fine particulates, measured in micrograms per cubic meter, that must
be detected prior to initiating a first or second stage of
impaired air quality under RCW 70.94.473. [2005 c 197 § 2;
1993 c 252 § 2; 1991 c 199 § 103; 1987 c 109 § 33; 1979 c
141 § 119; 1969 ex.s. c 168 § 2; 1967 ex.s. c 61 § 1; 1967 c
238 § 2; 1957 c 232 § 3.]
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.033
70.94.033 Environmental excellence program agreements—Effect on chapter. Notwithstanding any other provision of law, any legal requirement under this chapter,
including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement,
entered into under chapter 43.21K RCW. [1997 c 381 § 21.]
Purpose—1997 c 381: See RCW 43.21K.005.
70.94.035
70.94.035 Technical assistance program for regulated community. The department shall establish a technical
assistance unit within its air quality program, consistent with
the federal clean air act, to provide the regulated community,
especially small businesses with:
(1) Information on air pollution laws, rules, compliance
methods, and technologies;
(2) Information on air pollution prevention methods and
technologies, and prevention of accidental releases;
(3) Assistance in obtaining permits and developing emission reduction plans;
(4) Information on the health and environmental effects
of air pollution.
No representatives of the department designated as part
of the technical assistance unit created in this section may
have any enforcement authority. Staff of the technical assistance unit who provide on-site consultation at an industrial or
commercial facility and who observe violations of air quality
rules shall immediately inform the owner or operator of the
facility of such violations. On-site consultation visits shall
not be regarded as an inspection or investigation and no
notices or citations may be issued or civil penalties assessed
during such a visit. However, violations shall be reported to
the appropriate enforcement agency and the facility owner or
operator shall be notified that the violations will be reported.
No enforcement action shall be taken by the enforcement
agency for violations reported by technical assistance unit
staff unless and until the facility owner or operator has been
provided reasonable time to correct the violation. Violations
that place any person in imminent danger of death or substantial bodily harm or cause physical damage to the property of
another in an amount exceeding one thousand dollars may
result in immediate enforcement action by the appropriate
enforcement agency. [1991 c 199 § 308.]
Finding—1991 c 199: See note following RCW 70.94.011.
(2006 Ed.)
Washington Clean Air Act
70.94.037
70.94.037 Transportation activities—"Conformity"
determination requirements. In areas subject to a state
implementation plan, no state agency, metropolitan planning
organization, or local government shall approve or fund a
transportation plan, program, or project within or that affects
a nonattainment area unless a determination has been made
that the plan, program, or project conforms with the state
implementation plan for air quality as required by the federal
clean air act.
Conformity determination shall be made by the state or
local government or metropolitan planning organization
administering or developing the plan, program, or project.
No later than eighteen months after May 15, 1991, the
director of the department of ecology and the secretary of
transportation, in consultation with other state, regional, and
local agencies as appropriate, shall adopt by rule criteria and
guidance for demonstrating and assuring conformity of plans,
programs, and projects that are wholly or partially federally
funded.
A project with a scope that is limited to preservation or
maintenance, or both, shall be exempted from a conformity
determination requirement. [1991 c 199 § 219.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.040
70.94.040 Causing or permitting air pollution unlawful—Exception. Except where specified in a variance permit, as provided in RCW 70.94.181, it shall be unlawful for
any person to cause air pollution or permit it to be caused in
violation of this chapter, or of any ordinance, resolution, rule
or regulation validly promulgated hereunder. [1980 c 175 §
2; 1967 c 238 § 3; 1957 c 232 § 4.]
70.94.041
70.94.041 Exception—Burning wood at historic
structure. Except as otherwise provided in this section, any
building or structure listed on the national register of historic
sites, structures, or buildings established pursuant to 80 Stat.
915, 16 U.S.C. Sec. 470a, or on the state register established
pursuant to RCW 27.34.220, shall be permitted to burn wood
as it would have when it was a functioning facility as an
authorized exception to the provisions of this chapter. Such
burning of wood shall not be exempted from the provisions of
RCW 70.94.710 through 70.94.730. [1991 c 199 § 506; 1983
c 3 § 175; 1977 ex.s. c 38 § 1.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.053
70.94.053 Air pollution control authorities created—
Activated authorities, composition, meetings—Delineation of air pollution regions, considerations. (1) In each
county of the state there is hereby created an air pollution
control authority, which shall bear the name of the county
within which it is located. The boundaries of each authority
shall be coextensive with the boundaries of the county within
which it is located. An authority shall include all incorporated
and unincorporated areas of the county within which it is
located.
(2) Except as provided in RCW 70.94.262, all authorities
which are presently activated authorities shall carry out the
duties and exercise the powers provided in this chapter.
Those activated authorities which encompass contiguous
(2006 Ed.)
70.94.068
counties are declared to be and directed to function as a multicounty authority.
(3) All other air pollution control authorities are hereby
designated as inactive authorities.
(4) The boards of those authorities designated as activated authorities by this chapter shall be comprised of such
individuals as is provided in RCW 70.94.100. [1995 c 135 §
5. Prior: 1991 c 363 § 143; 1991 c 199 § 701; 1991 c 125 §
1; prior: 1987 c 505 § 60; 1987 c 109 § 34; 1979 c 141 § 120;
1967 c 238 § 4.]
Intent—1995 c 135: See note following RCW 29A.08.760.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.055
70.94.055 Air pollution control authority may be
activated by counties, when. The legislative authority of
any county may activate an air pollution control authority following a public hearing on its own motion, or upon a filing of
a petition signed by one hundred property owners within the
county. If the county legislative authority determines as a
result of the public hearing that:
(1) Air pollution exists or is likely to occur; and
(2) The city or town ordinances, or county resolutions, or
their enforcement, are inadequate to prevent or control air
pollution,
it may by resolution activate an air pollution control authority
or combine with a contiguous county or counties to form a
multicounty air pollution control authority. [1995 c 135 § 6.
Prior: 1991 c 363 § 144; 1991 c 199 § 702; 1967 c 238 § 5.]
Intent—1995 c 135: See note following RCW 29A.08.760.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.057
70.94.057 Multicounty authority may be formed by
contiguous counties—Name. The boards of county commissioners of two or more contiguous counties may, by joint
resolution, combine to form a multicounty air pollution control authority. Boundaries of such authority shall be coextensive with the boundaries of the counties forming the authority.
The name of the multicounty authority shall bear the
names of the counties making up such multicounty authority
or a name adopted by the board of such multicounty authority. [1967 c 238 § 6.]
70.94.068
70.94.068 Merger of active and inactive authorities to
form multicounty or regional authority—Procedure. The
respective boards of county commissioners of two or more
contiguous counties may merge any combination of their several inactive or activated authorities to form one activated
multicounty authority. Upon a determination that the purposes of this chapter will be served by such merger, each
board of county commissioners may adopt the resolution providing for such merger. Such resolution shall become effective only when a similar resolution is adopted by the other
contiguous county or counties comprising the proposed
[Title 70 RCW—page 183]
70.94.069
Title 70 RCW: Public Health and Safety
authority. The boundaries of such authority shall be coextensive with the boundaries of the counties within which it is
located. [1969 ex.s. c 168 § 3; 1967 c 238 § 11.]
burse funds, employ personnel, and acquire or dispose of any
interest in real or personal property within or without the
authority in the furtherance of its purposes. [1969 ex.s. c 168
§ 6; 1967 c 238 § 14.]
70.94.069
70.94.069 Merger of active and inactive authorities to
form multicounty or regional authority—Reorganization
of board of directors—Rules and regulations. Whenever
there occurs a merger of an inactive authority with an activated authority or authorities, or of two activated authorities
to form a multicounty authority, the board of directors shall
be reorganized as provided in RCW 70.94.100, 70.94.110,
and 70.94.120.
In the case of the merger of two or more activated
authorities the rules and regulations of each authority shall
continue in effect and shall be enforced within the jurisdiction of each until such time as the board of directors adopts
rules and regulations applicable to the newly formed multicounty authority.
In the case of the merger of an inactive authority with an
activated authority or authorities, upon approval of such
merger by the board or boards of county commissioners of
the county or counties comprising the existing activated
authority or authorities, the rules and regulations of the activated authority or authorities shall remain in effect until
superseded by the rules and regulations of the multicounty
authority as provided in RCW 70.94.230. [1969 ex.s. c 168 §
4; 1967 c 238 § 12.]
70.94.070
70.94.070 Resolutions activating authorities—Contents—Filings—Effective date of operation. The resolution or resolutions activating an air pollution authority shall
specify the name of the authority and participating political
bodies; the authority’s principal place of business; the territory included within it; and the effective date upon which
such authority shall begin to transact business and exercise its
powers. In addition, such resolution or resolutions may specify the amount of money to be contributed annually by each
political subdivision, or a method of dividing expenses of the
air pollution control program. Upon the adoption of a resolution or resolutions calling for the activation of an authority or
the merger of an inactive or activated authority or several
activated authorities to form a multicounty authority, the governing body of each shall cause a certified copy of each such
ordinance or resolution to be filed in the office of the secretary of state of the state of Washington. From and after the
date of filing with the secretary of state a certified copy of
each such resolution, or resolutions, or the date specified in
such resolution or resolutions, whichever is later, the authority may begin to function and may exercise its powers.
Any authority activated by the provisions of this chapter
shall cause a certified copy of all information required by this
section to be filed in the office of the secretary of state of the
state of Washington. [1969 ex.s. c 168 § 5; 1967 c 238 § 13;
1957 c 232 § 7.]
70.94.081
70.94.081 Powers and duties of authorities. An activated authority shall be deemed a municipal corporation;
have right to perpetual succession; adopt and use a seal; may
sue and be sued in the name of the authority in all courts and
in all proceedings; and, may receive, account for, and dis[Title 70 RCW—page 184]
70.94.085
70.94.085 Cost-reimbursement agreements. (1) An
authority may enter into a written cost-reimbursement agreement with a permit applicant to recover from the applicant the
reasonable costs incurred by the authority in carrying out the
requirements of this chapter, as well as the requirements of
other relevant laws, as they relate to permit coordination,
environmental review, application review, technical studies,
and permit processing. The cost-reimbursement agreement
shall identify the specific tasks, costs, and schedule for work
to be conducted under the agreement.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit applicant. Under the provisions of
a cost-reimbursement agreement, funds from the applicant
shall be used by the air pollution control authority to contract
with an independent consultant to carry out the work covered
by the cost-reimbursement agreement. The air pollution control authority may also use funds provided under a cost-reimbursement agreement to assign current staff to review the
work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the
permit. The air pollution control authority shall, in developing the agreement, ensure that final decisions that involve
policy matters are made by the agency and not by the consultant. The air pollution control authority shall make an estimate of the number of permanent staff hours to process the
permits, and shall contract with consultants to replace the
time and functions committed by these permanent staff to the
project. The billing process shall provide for accurate time
and cost accounting and may include a billing cycle that provides for progress payments. Use of cost-reimbursement
agreements shall not reduce the current level of staff available to work on permits not covered by cost-reimbursement
agreements. The air pollution control authority may not use
any funds under a cost-reimbursement agreement to replace
or supplant existing funding. The provisions of chapter 42.52
RCW apply to any cost-reimbursement agreement, and to any
person hired as a result of a cost-reimbursement agreement.
Members of the air pollution control authority’s board of
directors shall be considered as state officers, and employees
of the air pollution control authority shall be considered as
state employees, for the sole purpose of applying the restrictions of chapter 42.52 RCW to this section.
(3) An air pollution control authority may not enter into
any new cost-reimbursement agreements on or after July 1,
2007. The authority may continue to administer any costreimbursement agreement that was entered into before July 1,
2007, until the project is completed. [2003 c 70 § 5; 2000 c
251 § 6.]
Intent—Captions not law—Effective date—2000 c 251: See notes
following RCW 43.21A.690.
70.94.091
70.94.091 Excess tax levy authorized—Election, procedure, expense. An activated authority shall have the
power to levy additional taxes in excess of the constitutional
(2006 Ed.)
Washington Clean Air Act
and/or statutory tax limitations for any of the authorized purposes of such activated authority, not in excess of twenty-five
cents per thousand dollars of assessed value a year when
authorized so to do by the electors of such authority by a
three-fifths majority of those voting on the proposition at a
special election, to be held in the year in which the levy is
made, in the manner set forth in Article VII, section 2 (a) of
the Constitution of this state, as amended by Amendment 59
and as thereafter amended. Nothing herein shall be construed
to prevent holding the foregoing special election at the same
time as that fixed for a general election. The expense of all
special elections held pursuant to this section shall be paid by
the authority. [1973 1st ex.s. c 195 § 84; 1969 ex.s. c 168 §
7; 1967 c 238 § 15.]
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
70.94.092
70.94.092 Air pollution control authority—Fiscal
year—Adoption of budget—Contents. Notwithstanding
the provisions of RCW 1.16.030, the budget year of each
activated authority shall be the fiscal year beginning July 1st
and ending on the following June 30th. On or before the
fourth Monday in June of each year, each activated authority
shall adopt a budget for the following fiscal year. The activated authority budget shall contain adequate funding and
provide for staff sufficient to carry out the provisions of all
applicable ordinances, resolutions, and local regulations
related to the reduction, prevention, and control of air pollution. The legislature acknowledges the need for the state to
provide reasonable funding to local authorities to carry out
the requirements of this chapter. The budget shall contain an
estimate of all revenues to be collected during the following
budget year, including any surplus funds remaining unexpended from the preceding year. The remaining funds
required to meet budget expenditures, if any, shall be designated as "supplemental income" and shall be obtained from
the component cities, towns, and counties in the manner provided in this chapter. The affirmative vote of three-fourths of
all members of the board shall be required to authorize emergency expenditures. [1991 c 199 § 703; 1975 1st ex.s. c 106
§ 1; 1969 ex.s. c 168 § 8; 1967 c 238 § 16.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.093
70.94.093 Methods for determining proportion of
supplemental income to be paid by component cities,
towns and counties—Payment. (1) Each component city or
town shall pay such proportion of the supplemental income to
the authority as determined by either one of the following
prescribed methods or by a combination of fifty percent of
one and fifty percent of the other as provided in subsection
(1)(c) of this section:
(a) Each component city or town shall pay such proportion of the supplemental income as the assessed valuation of
property within its limits bears to the total assessed valuation
of taxable property within the activated authority.
(b) Each component city or town shall pay such proportion of the supplemental income as the total population of
such city or town bears to the total population of the activated
authority. The population of the city or town shall be determined by the most recent census, estimate or survey by the
(2006 Ed.)
70.94.094
federal bureau of census or any state board or commission
authorized to make such a census, estimate or survey.
(c) A combination of the methods prescribed in (a) and
(b) of this subsection: PROVIDED, That such combination
shall be of fifty percent of the method prescribed in (a) of this
subsection and fifty percent of the method prescribed in (b) of
this subsection.
(2) Each component county shall pay such proportion of
such supplemental income to the authority as determined by
either one of the following prescribed methods or by a combination of fifty percent of one and fifty percent of the other
as prescribed in subsection (2)(c) of this section:
(a) Each component county shall pay such proportion of
such supplemental income as the assessed valuation of the
property within the unincorporated area of such county lying
within the activated authority bears to the total assessed valuation of taxable property within the activated authority.
(b) Each component county shall pay such proportion of
the supplemental income as the total population of the unincorporated area of such county bears to the total population of
the activated authority. The population of the county shall be
determined by the most recent census, estimate or survey by
the federal bureau of census or any state board or commission
authorized to make such a census, estimate or survey.
(c) A combination of the methods prescribed in (a) and
(b) of this subsection: PROVIDED, That such combination
shall be of fifty percent of the method prescribed in (a) of this
subsection and fifty percent of the method prescribed in (b) of
this subsection.
(3) In making such determination of the assessed valuation of property in the component cities, towns and counties,
the board shall use the last available assessed valuations. The
board shall certify to each component city, town and county,
prior to the fourth Monday in June of each year, the share of
the supplemental income to be paid by such component city,
town or county for the next calendar year. The latter shall
then include such amount in its budget for the ensuing calendar year, and during such year shall pay to the activated
authority, in equal quarterly installments, the amount of its
supplemental share. [1969 ex.s. c 168 § 9; 1967 c 238 § 17.]
70.94.094
70.94.094 Designation of authority treasurer and
auditor—Duties. The treasurer of each component city,
town or county shall create a separate fund into which shall
be paid all money collected from taxes or from any other
available sources, levied by or obtained for the activated
authority on property or on any other available sources in
such city, town or county and such money shall be forwarded
quarterly by the treasurer of each such city, town or county to
the treasurer of the county designated by the board as the
authority treasurer. The treasurer of the county so designated
to serve as treasurer of the authority shall establish and maintain such funds as may be authorized by the board. Money
shall be disbursed from such funds upon warrants drawn by
the auditor of the county designated by the board as the
authority auditor as authorized by the board. The respective
county shall be reimbursed by the board for services rendered
by the treasurer and auditor of the respective county in connection with the receipt and disbursement of such funds.
[1969 ex.s. c 168 § 10; 1967 c 238 § 18.]
[Title 70 RCW—page 185]
70.94.095
Title 70 RCW: Public Health and Safety
70.94.095
70.94.095 Assessed valuation of taxable property,
certification by county assessors. It shall be the duty of the
assessor of each component county to certify annually to the
board the aggregate assessed valuation of all taxable property
in all incorporated and unincorporated areas situated in any
activated authority as the same appears from the last assessment roll of his county. [1969 ex.s. c 168 § 11; 1967 c 238 §
19.]
70.94.096
70.94.096 Authorization to borrow money. An activated authority shall have the power when authorized by a
majority of all members of the board to borrow money from
any component city, town or county and such cities, towns
and counties are hereby authorized to make such loans or
advances on such terms as may be mutually agreed upon by
the board and the legislative bodies of any such component
city, town or county to provide funds to carry out the purposes of the activated authority. [1969 ex.s. c 168 § 12; 1967
c 238 § 20.]
70.94.097
70.94.097 Special air pollution studies—Contracts
for conduct of. In addition to paying its share of the supplemental income of the activated authority, each component
city, town, or county shall have the power to contract with
such authority and expend funds for the conduct of special
studies, investigations, plans, research, advice, or consultation relating to air pollution and its causes, effects, prevention, abatement, and control as such may affect any area
within the boundaries of the component city, town, or county,
and which could not be performed by the authority with funds
otherwise available to it. Any component city, town or
county which contracts for the conduct of such special air
pollution studies, investigations, plans, research, advice or
consultation with any entity other than the activated authority
shall require that such an entity consult with the activated
authority. [1975 1st ex.s. c 106 § 2.]
70.94.100
70.94.100 Air pollution control authority—Board of
directors—Composition—Term. (1) The governing body
of each authority shall be known as the board of directors.
(2)(a) In the case of an authority comprised of one
county, with a population of less than four hundred thousand
people, the board shall be comprised of two appointees of the
city selection committee, at least one of whom shall represent
the city having the most population in the county, and two
representatives to be designated by the board of county commissioners.
(b) In the case of an authority comprised of one county,
with a population of equal to or greater than four hundred
thousand people, the board shall be comprised of three
appointees of cities, one each from the two cities with the
most population in the county and one appointee of the city
selection committee representing the other cities, and one
representative to be designated by the board of county commissioners.
(c) In the case of an authority comprised of two, three,
four, or five counties, the board shall be comprised of one
appointee from each county, who shall represent the city having the most population in such county, to be designated by
the mayor and city council of such city, and one representa[Title 70 RCW—page 186]
tive from each county to be designated by the board of county
commissioners of each county making up the authority.
(d) In the case of an authority comprised of six or more
counties, the board shall be comprised of one representative
from each county to be designated by the board of county
commissioners of each county making up the authority, and
three appointees, one each from the three largest cities within
the local authority’s jurisdiction to be appointed by the mayor
and city council of such city.
(3) If the board of an authority otherwise would consist
of an even number, the members selected as above provided
shall agree upon and elect an additional member who shall
be:
(a) In the case of an authority comprised of one county
with a population of equal to or greater than four hundred
thousand people, a citizen residing in the county who demonstrates significant professional experience in the field of public health, air quality protection, or meteorology; or
(b) In the case of an authority comprised of one county,
with a population less than four hundred thousand people, or
of more than one county, either a member of the governing
body of one of the towns, cities or counties comprising the
authority, or a private citizen residing in the authority.
(4) The terms of office of board members shall be four
years.
(5) Wherever a member of a board has a potential conflict of interest in an action before the board, the member
shall declare to the board the nature of the potential conflict
prior to participating in the action review. The board shall, if
the potential conflict of interest, in the judgment of a majority
of the board, may prevent the member from a fair and objective review of the case, remove the member from participation in the action. [2006 c 227 § 1; 1991 c 199 § 704; 1989 c
150 § 1; 1969 ex.s. c 168 § 13; 1967 c 238 § 21; 1957 c 232
§ 10.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.110
70.94.110 City selection committees. There shall be a
separate and distinct city selection committee for each county
making up an authority. The membership of such committee
shall consist of the mayor of each incorporated city and town
within such county, except that the mayors of the cities, with
the most population in a county, having already designated
appointees to the board of an air pollution control authority
comprised of a single county shall not be members of the
committee. A majority of the members of each city selection
committee shall constitute a quorum. [2006 c 227 § 2; 1967
c 238 § 22; 1963 c 27 § 1; 1957 c 232 § 11.]
70.94.120
70.94.120 City selection committees—Meetings,
notice, recording officer—Alternative mail balloting—
Notice. (1) The city selection committee of each county
which is included within an authority shall meet within one
month after the activation of such authority for the purpose of
making its initial appointments to the board of such authority
and thereafter whenever necessary for the purpose of making
succeeding appointments. All meetings shall be held upon at
least two weeks written notice given by the county auditor to
each member of the city selection committee of each county
and he shall give such notice upon request of any member of
(2006 Ed.)
Washington Clean Air Act
such committee. A similar notice shall be given to the general
public by a publication of such notice in a newspaper of general circulation in such authority. The county auditor shall act
as recording officer, maintain its records and give appropriate
notice of its proceedings and actions.
(2) As an alternative to meeting in accordance with subsection (1) of this section, the county auditor may mail ballots
by certified mail to the members of the city selection committee, specifying a date by which to complete the ballot, and a
date by which to return the completed ballot. Each mayor
who chooses to participate in the balloting shall write in the
choice for appointment, sign the ballot, and return the ballot
to the county auditor. Each completed ballot shall be datestamped upon receipt by the mayor or staff of the mayor of
the city or town. The timely return of completed ballots by a
majority of the members of each city selection committee
constitutes a quorum and the common choice by a majority of
the quorum constitutes a valid appointment.
(3) Balloting shall be preceded by at least two weeks’
written notice, given by the county auditor to each member of
the city selection committee. A similar notice shall be given
to the general public by publication in a newspaper of general
circulation in the authority. [1995 c 261 § 2; 1969 ex.s. c 168
§ 14; 1967 c 238 § 23; 1957 c 232 § 12.]
70.94.130
70.94.130 Air pollution control authority—Board of
directors—Powers, quorum, officers, compensation. The
board shall exercise all powers of the authority except as otherwise provided. The board shall conduct its first meeting
within thirty days after all of its members have been
appointed or designated as provided in RCW 70.94.100. The
board shall meet at least ten times per year. All meetings shall
be publicly announced prior to their occurrence. All meetings
shall be open to the public. A majority of the board shall constitute a quorum for the transaction of business and shall be
necessary for any action taken by the board. The board shall
elect from its members a chair and such other officers as may
be necessary. Any member of the board may designate a regular alternate to serve on the board in his or her place with the
same authority as the member when he or she is unable to
attend. In no event may a regular alternate serve as the permanent chair. Each member of the board, or his or her representative, shall receive from the authority compensation consistent with such authority’s rates (but not to exceed one thousand dollars per year) for time spent in the performance of
duties under this chapter, plus the actual and necessary
expenses incurred by the member in such performance. The
board may appoint a control officer, and any other personnel,
and shall determine their salaries, and pay same, together
with any other proper indebtedness, from authority funds.
[1998 c 342 § 1; 1991 c 199 § 705; 1969 ex.s. c 168 § 15;
1967 c 238 § 24; 1957 c 232 § 13.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.141
70.94.141 Air pollution control authority—Powers
and duties of activated authority. The board of any activated authority in addition to any other powers vested in them
by law, shall have power to:
(1) Adopt, amend and repeal its own rules and regulations, implementing this chapter and consistent with it, after
(2006 Ed.)
70.94.141
consideration at a public hearing held in accordance with
chapter 42.30 RCW. Rules and regulations shall also be
adopted in accordance with the notice and adoption procedures set forth in RCW 34.05.320, those provisions of RCW
34.05.325 that are not in conflict with chapter 42.30 RCW,
and with the procedures of RCW 34.05.340, *34.05.355
through 34.05.380, and with chapter 34.08 RCW, except that
rules shall not be published in the Washington Administrative Code. Judicial review of rules adopted by an authority
shall be in accordance with Part V of chapter 34.05 RCW. An
air pollution control authority shall not be deemed to be a
state agency.
(2) Hold hearings relating to any aspect of or matter in
the administration of this chapter not prohibited by the provisions of chapter 62, Laws of 1970 ex. sess. and in connection
therewith issue subpoenas to compel the attendance of witnesses and the production of evidence, administer oaths and
take the testimony of any person under oath.
(3) Issue such orders as may be necessary to effectuate
the purposes of this chapter and enforce the same by all
appropriate administrative and judicial proceedings subject
to the rights of appeal as provided in chapter 62, Laws of
1970 ex. sess.
(4) Require access to records, books, files and other
information specific to the control, recovery or release of air
contaminants into the atmosphere.
(5) Secure necessary scientific, technical, administrative
and operational services, including laboratory facilities, by
contract or otherwise.
(6) Prepare and develop a comprehensive plan or plans
for the prevention, abatement and control of air pollution
within its jurisdiction.
(7) Encourage voluntary cooperation by persons or
affected groups to achieve the purposes of this chapter.
(8) Encourage and conduct studies, investigation and
research relating to air pollution and its causes, effects, prevention, abatement and control.
(9) Collect and disseminate information and conduct
educational and training programs relating to air pollution.
(10) Advise, consult, cooperate and contract with agencies and departments and the educational institutions of the
state, other political subdivisions, industries, other states,
interstate or interlocal agencies, and the United States government, and with interested persons or groups.
(11) Consult, upon request, with any person proposing to
construct, install, or otherwise acquire an air contaminant
source or device or system for the control thereof, concerning
the efficacy of such device or system, or the air pollution
problems which may be related to the source, device or system. Nothing in any such consultation shall be construed to
relieve any person from compliance with this chapter, ordinances, resolutions, rules and regulations in force pursuant
thereto, or any other provision of law.
(12) Accept, receive, disburse and administer grants or
other funds or gifts from any source, including public and private agencies and the United States government for the purpose of carrying out any of the functions of this chapter.
[1991 c 199 § 706; 1970 ex.s. c 62 § 56; 1969 ex.s. c 168 §
16; 1967 c 238 § 25.]
*Reviser’s note: RCW 34.05.355 was repealed by 1995 c 403 § 305.
Finding—1991 c 199: See note following RCW 70.94.011.
[Title 70 RCW—page 187]
70.94.142
Title 70 RCW: Public Health and Safety
Savings—Effective date—Severability—1970 ex.s. c 62: See notes
following RCW 43.21A.010.
70.94.142
70.94.142 Subpoena powers—Witnesses, expenses
and mileage—Rules and regulations. In connection with
the subpoena powers given in RCW 70.94.141(2):
(1) In any hearing held under RCW 70.94.181 and
70.94.221, the board or the department, and their authorized
agents:
(a) Shall issue a subpoena upon the request of any party
and, to the extent required by rule or regulation, upon a statement or showing of general relevance and reasonable scope
of the evidence sought;
(b) May issue a subpoena upon their own motion.
(2) The subpoena powers given in RCW 70.94.141(2)
shall be statewide in effect.
(3) Witnesses appearing under the compulsion of a subpoena in a hearing before the board or the department shall be
paid the same fees and mileage that are provided for witnesses in the courts of this state. Such fees and mileage, and
the cost of duplicating records required to be produced by
subpoena issued upon the motion of the board or department,
shall be paid by the board or department. Such fees and mileage, and the cost of producing records required to be produced by subpoena issued upon the request of a party, shall
be paid by that party.
(4) If an individual fails to obey the subpoena, or obeys
the subpoena but refuses to testify when required concerning
any matter under examination or investigation or the subject
of the hearing, the board or department shall file its written
report thereof and proof of service of its subpoena, in any
court of competent jurisdiction in the county where the examination, hearing or investigation is being conducted. Thereupon, the court shall forthwith cause the individual to be
brought before it and, upon being satisfied that the subpoena
is within the jurisdiction of the board or department and otherwise in accordance with law, shall punish him as if the failure or refusal related to a subpoena from or testimony in that
court.
(5) The department may make such rules and regulations
as to the issuance of its own subpoenas as are not inconsistent
with the provisions of this chapter. [1987 c 109 § 35; 1969
ex.s. c 168 § 17; 1967 c 238 § 26.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.143
70.94.143 Federal aid. Any authority exercising the
powers and duties prescribed in this chapter may make application for, receive, administer, and expend any federal aid,
under federal legislation from any agency of the federal government, for the prevention and control of air pollution or the
development and administration of programs related to air
pollution control and prevention, as permitted by RCW
70.94.141(12): PROVIDED, That any such application shall
be submitted to and approved by the department. The department shall adopt rules and regulations establishing standards
for such approval and shall approve any such application, if it
is consistent with this chapter, and any other applicable
requirements of law. [1987 c 109 § 36; 1969 ex.s. c 168 § 18;
1967 c 238 § 27.]
[Title 70 RCW—page 188]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.151
70.94.151 Classification of air contaminant
sources—Registration—Fee—Registration program
defined. (1) The board of any activated authority or the
department, may classify air contaminant sources, by ordinance, resolution, rule or regulation, which in its judgment
may cause or contribute to air pollution, according to levels
and types of emissions and other characteristics which cause
or contribute to air pollution, and may require registration or
reporting or both for any such class or classes. Classifications made pursuant to this section may be for application to
the area of jurisdiction of such authority, or the state as a
whole or to any designated area within the jurisdiction, and
shall be made with special reference to effects on health, economic and social factors, and physical effects on property.
(2) Except as provided in subsection (3) of this section,
any person operating or responsible for the operation of air
contaminant sources of any class for which the ordinances,
resolutions, rules or regulations of the department or board of
the authority, require registration and reporting shall register
therewith and make reports containing information as may be
required by such department or board concerning location,
size and height of contaminant outlets, processes employed,
nature of the contaminant emission and such other information as is relevant to air pollution and available or reasonably
capable of being assembled. The department or board may
require that such registration be accompanied by a fee and
may determine the amount of such fee for such class or
classes: PROVIDED, That the amount of the fee shall only
be to compensate for the costs of administering such registration program which shall be defined as initial registration and
annual or other periodic reports from the source owner providing information directly related to air pollution registration, on-site inspections necessary to verify compliance with
registration requirements, data storage and retrieval systems
necessary for support of the registration program, emission
inventory reports and emission reduction credits computed
from information provided by sources pursuant to registration program requirements, staff review, including engineering analysis for accuracy and currentness, of information provided by sources pursuant to registration program requirements, clerical and other office support provided in direct
furtherance of the registration program, and administrative
support provided in directly carrying out the registration program: PROVIDED FURTHER, That any such registration
made with either the board or the department shall preclude a
further registration with any other board or the department.
All registration program fees collected by the department shall be deposited in the air pollution control account.
All registration program fees collected by the local air
authorities shall be deposited in their respective treasuries.
(3) If a registration or report has been filed for a grain
warehouse or grain elevator as required under this section,
registration, reporting, or a registration program fee shall not,
after January 1, 1997, again be required under this section for
the warehouse or elevator unless the capacity of the warehouse or elevator as listed as part of the license issued for the
facility has been increased since the date the registration or
reporting was last made. If the capacity of the warehouse or
(2006 Ed.)
Washington Clean Air Act
elevator listed as part of the license is increased, any registration or reporting required for the warehouse or elevator under
this section must be made by the date the warehouse or elevator receives grain from the first harvest season that occurs
after the increase in its capacity is listed in the license.
This subsection does not apply to a grain warehouse or
grain elevator if the warehouse or elevator handles more than
ten million bushels of grain annually.
(4) For the purposes of subsection (3) of this section:
(a) A "grain warehouse" or "grain elevator" is an establishment classified in standard industrial classification (SIC)
code 5153 for wholesale trade for which a license is required
and includes, but is not limited to, such a licensed facility that
also conducts cleaning operations for grain;
(b) A "license" is a license issued by the department of
agriculture licensing a facility as a grain warehouse or grain
elevator under chapter 22.09 RCW or a license issued by the
federal government licensing a facility as a grain warehouse
or grain elevator for purposes similar to those of licensure for
the facility under chapter 22.09 RCW; and
(c) "Grain" means a grain or a pulse. [2005 c 138 § 1;
1997 c 410 § 1; 1993 c 252 § 3; 1987 c 109 § 37; 1984 c 88 §
2; 1969 ex.s. c 168 § 19; 1967 c 238 § 28.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.152
70.94.152 Notice may be required of construction of
proposed new contaminant source—Submission of
plans—Approval, disapproval—Emission control—"De
minimis new sources" defined. (1) The department of ecology or board of any authority may require notice of the establishment of any proposed new sources except single family
and duplex dwellings or de minimis new sources as defined
in rules adopted under subsection (11) of this section. The
department of ecology or board may require such notice to be
accompanied by a fee and determine the amount of such fee:
PROVIDED, That the amount of the fee may not exceed the
cost of reviewing the plans, specifications, and other information and administering such notice: PROVIDED FURTHER, That any such notice given or notice of construction
application submitted to either the board or to the department
of ecology shall preclude a further submittal of a duplicate
application to any board or to the department of ecology.
(2) The department shall, after opportunity for public
review and comment, adopt rules that establish a workloaddriven process for determination and review of the fee covering the direct and indirect costs of processing a notice of construction application and a methodology for tracking revenues and expenditures. All new source fees collected by the
delegated local air authorities from sources shall be deposited
in the dedicated accounts of their respective treasuries. All
new source fees collected by the department from sources
shall be deposited in the air pollution control account.
(3) Within thirty days of receipt of a notice of construction application, the department of ecology or board may
require, as a condition precedent to the establishment of the
new source or sources covered thereby, the submission of
plans, specifications, and such other information as it deems
necessary to determine whether the proposed new source will
be in accord with applicable rules and regulations in force
under this chapter. If on the basis of plans, specifications, or
(2006 Ed.)
70.94.152
other information required under this section the department
of ecology or board determines that the proposed new source
will not be in accord with this chapter or the applicable ordinances, resolutions, rules, and regulations adopted under this
chapter, it shall issue an order denying permission to establish the new source. If on the basis of plans, specifications, or
other information required under this section, the department
of ecology or board determines that the proposed new source
will be in accord with this chapter, and the applicable rules
and regulations adopted under this chapter, it shall issue an
order of approval for the establishment of the new source or
sources, which order may provide such conditions as are reasonably necessary to assure the maintenance of compliance
with this chapter and the applicable rules and regulations
adopted under this chapter. Every order of approval under
this chapter must be reviewed prior to issuance by a professional engineer or staff under the supervision of a professional engineer in the employ of the department of ecology or
board.
(4) The determination required under subsection (3) of
this section shall include a determination of whether the operation of the new air contaminant source at the location proposed will cause any ambient air quality standard to be
exceeded.
(5) New source review of a modification shall be limited
to the emission unit or units proposed to be modified and the
air contaminants whose emissions would increase as a result
of the modification.
(6) Nothing in this section shall be construed to authorize
the department of ecology or board to require the use of emission control equipment or other equipment, machinery, or
devices of any particular type, from any particular supplier,
or produced by any particular manufacturer.
(7) Any features, machines, and devices constituting
parts of or called for by plans, specifications, or other information submitted pursuant to subsection (1) or (3) of this section shall be maintained and operate in good working order.
(8) The absence of an ordinance, resolution, rule, or regulation, or the failure to issue an order pursuant to this section
shall not relieve any person from his or her obligation to comply with applicable emission control requirements or with
any other provision of law.
(9) Within thirty days of receipt of a notice of construction application the department of ecology or board shall
either notify the applicant in writing that the application is
complete or notify the applicant in writing of all additional
information necessary to complete the application. Within
sixty days of receipt of a complete application the department
or board shall either (a) issue a final decision on the application, or (b) for those projects subject to public notice, initiate
notice and comment on a proposed decision, followed as
promptly as possible by a final decision. A person seeking
approval to construct or modify a source that requires an
operating permit may elect to integrate review of the operating permit application or amendment required by RCW
70.94.161 and the notice of construction application required
by this section. A notice of construction application designated for integrated review shall be processed in accordance
with operating permit program procedures and deadlines.
(10) A notice of construction approval required under
subsection (3) of this section shall include a determination
[Title 70 RCW—page 189]
70.94.153
Title 70 RCW: Public Health and Safety
that the new source will achieve best available control technology. If more stringent controls are required under federal
law, the notice of construction shall include a determination
that the new source will achieve the more stringent federal
requirements. Nothing in this subsection is intended to
diminish other state authorities under this chapter.
(11) No person is required to submit a notice of construction or receive approval for a new source that is deemed by
the department of ecology or board to have de minimis
impact on air quality. The department of ecology shall adopt
and periodically update rules identifying categories of de
minimis new sources. The department of ecology may identify de minimis new sources by category, size, or emission
thresholds.
(12) For purposes of this section, "de minimis new
sources" means new sources with trivial levels of emissions
that do not pose a threat to human health or the environment.
[1996 c 67 § 1; 1996 c 29 § 1; 1993 c 252 § 4; 1991 c 199 §
302; 1973 1st ex.s. c 193 § 2; 1969 ex.s. c 168 § 20; 1967 c
238 § 29.]
Reviser’s note: This section was amended by 1996 c 29 § 1 and by
1996 c 67 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Finding—1991 c 199: See note following RCW 70.94.011.
Use of emission credits to be consistent with new source review program:
RCW 70.94.850.
70.94.153
70.94.153 Existing stationary source—Replacement
or substantial alteration of emission control technology.
Any person proposing to replace or substantially alter the
emission control technology installed on an existing stationary source emission unit shall file a notice of construction
application with the jurisdictional permitting authority. For
projects not otherwise reviewable under RCW 70.94.152, the
permitting authority may (1) require that the owner or operator employ reasonably available control technology for the
affected emission unit and (2) may prescribe reasonable operation and maintenance conditions for the control equipment.
Within thirty days of receipt of an application for notice of
construction under this section the permitting authority shall
either notify the applicant in writing that the application is
complete or notify the applicant in writing of all additional
information necessary to complete the application. Within
thirty days of receipt of a complete application the permitting
authority shall either issue an order of approval or a proposed
RACT determination for the proposed project. Construction
shall not commence on a project subject to review under this
section until the permitting authority issues a final order of
approval. However, any notice of construction application
filed under this section shall be deemed to be approved without conditions if the permitting authority takes no action
within thirty days of receipt of a complete application for a
notice of construction. [1991 c 199 § 303.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.154
70.94.154 RACT requirements. (1) RACT as defined
in RCW 70.94.030 is required for existing sources except as
otherwise provided in RCW 70.94.331(9).
[Title 70 RCW—page 190]
(2) RACT for each source category containing three or
more sources shall be determined by rule except as provided
in subsection (3) of this section.
(3) Source-specific RACT determinations may be performed under any of the following circumstances:
(a) As authorized by RCW 70.94.153;
(b) When required by the federal clean air act;
(c) For sources in source categories containing fewer
than three sources;
(d) When an air quality problem, for which the source is
a contributor, justifies a source-specific RACT determination
prior to development of a categorical RACT rule; or
(e) When a source-specific RACT determination is
needed to address either specific air quality problems for
which the source is a significant contributor or source-specific economic concerns.
(4) By January 1, 1994, ecology shall develop a list of
sources and source categories requiring RACT review and a
schedule for conducting that review. Ecology shall review the
list and schedule within six months of receiving the initial
operating permit applications and at least once every five
years thereafter. In developing the list to determine the schedule of RACT review, ecology shall consider emission reductions achievable through the use of new available technologies and the impacts of those incremental reductions on air
quality, the remaining useful life of previously installed control equipment, the impact of the source or source category
on air quality, the number of years since the last BACT,
RACT, or LAER determination for that source and other relevant factors. Prior to finalizing the list and schedule, ecology shall consult with local air authorities, the regulated community, environmental groups, and other interested individuals and organizations. The department and local authorities
shall revise RACT requirements, as needed, based on the
review conducted under this subsection.
(5) In determining RACT, ecology and local authorities
shall utilize the factors set forth in RCW 70.94.030 and shall
consider RACT determinations and guidance made by the
federal environmental protection agency, other states and
local authorities for similar sources, and other relevant factors. In establishing or revising RACT requirements, ecology
and local authorities shall address, where practicable, all air
contaminants deemed to be of concern for that source or
source category.
(6) Emission standards and other requirements contained
in rules or regulatory orders in effect at the time of operating
permit issuance or renewal shall be considered RACT for
purposes of permit issuance or renewal. RACT determinations under subsections (2) and (3) of this section shall be
incorporated into operating permits as provided in RCW
70.94.161 and rules implementing that section.
(7) The department and local air authorities are authorized to assess and collect a fee to cover the costs of developing, establishing, or reviewing categorical or case-by-case
RACT requirements. The fee shall apply to determinations of
RACT requirements as defined under this section and RCW
70.94.331(9). The amount of the fee may not exceed the
direct and indirect costs of establishing the requirement for
the particular source or the pro rata portion of the direct and
indirect costs of establishing the requirement for the relevant
source category. The department shall, after opportunity for
(2006 Ed.)
Washington Clean Air Act
public review and comment, adopt rules that establish a
workload-driven process for determination and review of the
fee covering the direct and indirect costs of its RACT determinations and a methodology for tracking revenues and
expenditures. All such RACT determination fees collected by
the delegated local air authorities from sources shall be
deposited in the dedicated accounts of their respective treasuries. All such RACT fees collected by the department from
sources shall be deposited in the air pollution control account.
[1996 c 29 § 2; 1993 c 252 § 8.]
70.94.161
state agencies and local governments for the purposes of controlling outdoor air pollution from industrial and commercial
sources, except where authorized by chapter 199, Laws of
1991. Actions by other state agencies and local governments
under article 80 of the uniform fire code to take immediate
action in response to an emission that presents a physical hazard or imminent health hazard are not preempted. [1991 c
199 § 315.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.161
70.94.155 Control of emissions—Bubble concept—
Schedules of compliance. (1) As used in subsection (3) of
this section, the term "bubble" means an air pollution control
system which permits aggregate measurements of allowable
emissions, for a single category of pollutant, for emissions
points from a specified emissions-generating facility or facilities. Individual point source emissions levels from such
specified facility or facilities may be modified provided that
the aggregate limit for the specified sources is not exceeded.
(2) Whenever any regulation relating to emission standards or other requirements for the control of emissions is
adopted which provides for compliance with such standards
or requirements no later than a specified time after the date of
adoption of the regulation, the appropriate activated air pollution control authority or, if there be none, the department of
ecology shall, by permit or regulatory order, issue to air contaminant sources subject to the standards or requirements,
schedules of compliance setting forth timetables for the
achievement of compliance as expeditiously as practicable,
but in no case later than the time specified in the regulation.
Interim dates in such schedules for the completion of steps of
progress toward compliance shall be as enforceable as the
final date for full compliance therein.
(3) Wherever requirements necessary for the attainment
of air quality standards or, where such standards are not
exceeded, for the maintenance of air quality can be achieved
through the use of a control program involving the bubble
concept, such program may be authorized by a regulatory
order or orders or permit issued to the air contaminant source
or sources involved. Such order or permit shall only be authorized after the control program involving the bubble concept
is accepted by [the] United States environmental protection
agency as part of an approved state implementation plan. Any
such order or permit provision shall restrict total emissions
within the bubble to no more than would otherwise be
allowed in the aggregate for all emitting processes covered.
The orders or permits provided for by this subsection shall be
issued by the department or the authority with jurisdiction. If
the bubble involves interjurisdictional approval, concurrence
in the total program must be secured from each regulatory
entity concerned. [1991 c 199 § 305; 1981 c 224 § 1; 1973
1st ex.s. c 193 § 3.]
70.94.155
Finding—1991 c 199: See note following RCW 70.94.011.
Use of emission credits to be consistent with bubble program: RCW
70.94.850.
70.94.157 Preemption of uniform building and fire
codes. The department and local air pollution control authorities shall preempt the application of chapter 9 of the uniform
building code and article 80 of the uniform fire code by other
70.94.157
(2006 Ed.)
70.94.161 Operating permits for air contaminant
sources—Generally—Fees, report to legislature. The
department of ecology, or board of an authority, shall require
renewable permits for the operation of air contaminant
sources subject to the following conditions and limitations:
(1) Permits shall be issued for a term of five years. A permit may be modified or amended during its term at the
request of the permittee, or for any reason allowed by the federal clean air act. The rules adopted pursuant to subsection
(2) of this section shall include rules for permit amendments
and modifications. The terms and conditions of a permit shall
remain in effect after the permit itself expires if the permittee
submits a timely and complete application for permit
renewal.
(2)(a) Rules establishing the elements for a statewide
operating permit program and the process for permit application and renewal consistent with federal requirements shall
be established by the department by January 1, 1993. The
rules shall provide that every proposed permit must be
reviewed prior to issuance by a professional engineer or staff
under the direct supervision of a professional engineer in the
employ of the permitting authority. The permit program
established by these rules shall be administered by the department and delegated local air authorities. Rules developed
under this subsection shall not preclude a delegated local air
authority from including in a permit its own more stringent
emission standards and operating restrictions.
(b) The board of any local air pollution control authority
may apply to the department of ecology for a delegation order
authorizing the local authority to administer the operating
permit program for sources under that authority’s jurisdiction. The department shall, by order, approve such delegation, if the department finds that the local authority has the
technical and financial resources, to discharge the responsibilities of a permitting authority under the federal clean air
act. A delegation request shall include adequate information
about the local authority’s resources to enable the department
to make the findings required by this subsection; provided,
any delegation order issued under this subsection shall take
effect ninety days after the environmental protection agency
authorizes the local authority to issue operating permits under
the federal clean air act.
(c) Except for the authority granted the energy facility
site evaluation council to issue permits for the new construction, reconstruction, or enlargement or operation of new
energy facilities under chapter 80.50 RCW, the department
may exercise the authority, as delegated by the environmental
protection agency, to administer Title IV of the federal clean
air act as amended and to delegate such administration to
[Title 70 RCW—page 191]
70.94.161
Title 70 RCW: Public Health and Safety
local authorities as applicable pursuant to (b) of this subsection.
(3) In establishing technical standards, defined in RCW
70.94.030, the permitting authority shall consider and, if
found to be appropriate, give credit for waste reduction
within the process.
(4) Operating permits shall apply to all sources (a) where
required by the federal clean air act, and (b) for any source
that may cause or contribute to air pollution in such quantity
as to create a threat to the public health or welfare. Subsection
(b) of this subsection is not intended to apply to small businesses except when both of the following limitations are satisfied: (i) The source is in an area exceeding or threatening to
exceed federal or state air quality standards; and (ii) the
department provides a reasonable justification that requiring
a source to have a permit is necessary to meet a federal or
state air quality standard, or to prevent exceeding a standard
in an area threatening to exceed the standard. For purposes of
this subsection "areas threatening to exceed air quality standards" shall mean areas projected by the department to
exceed such standards within five years. Prior to identifying
threatened areas the department shall hold a public hearing or
hearings within the proposed areas.
(5) Sources operated by government agencies are not
exempt under this section.
(6) Within one hundred eighty days after the United
States environmental protection agency approves the state
operating permit program, a person required to have a permit
shall submit to the permitting authority a compliance plan
and permit application, signed by a responsible official, certifying the accuracy of the information submitted. Until permits are issued, existing sources shall be allowed to operate
under presently applicable standards and conditions provided
that such sources submit complete and timely permit applications.
(7) All draft permits shall be subject to public notice and
comment. The rules adopted pursuant to subsection (2) of this
section shall specify procedures for public notice and comment. Such procedures shall provide the permitting agency
with an opportunity to respond to comments received from
interested parties prior to the time that the proposed permit is
submitted to the environmental protection agency for review
pursuant to section 505(a) of the federal clean air act. In the
event that the environmental protection agency objects to a
proposed permit pursuant to section 505(b) of the federal
clean air act, the permitting authority shall not issue the permit, unless the permittee consents to the changes required by
the environmental protection agency.
(8) The procedures contained in chapter 43.21B RCW
shall apply to permit appeals. The pollution control hearings
board may stay the effectiveness of any permit issued under
this section during the pendency of an appeal filed by the permittee, if the permittee demonstrates that compliance with the
permit during the pendency of the appeal would require significant expenditures that would not be necessary in the event
that the permittee prevailed on the merits of the appeal.
(9) After the effective date of any permit program promulgated under this section, it shall be unlawful for any person to: (a) Operate a permitted source in violation of any
requirement of a permit issued under this section; or (b) fail
[Title 70 RCW—page 192]
to submit a permit application at the time required by rules
adopted under subsection (2) of this section.
(10) Each air operating permit shall state the origin of
and specific legal authority for each requirement included
therein. Every requirement in an operating permit shall be
based upon the most stringent of the following requirements:
(a) The federal clean air act and rules implementing that
act, including provision of the approved state implementation
plan;
(b) This chapter and rules adopted thereunder;
(c) In permits issued by a local air pollution control
authority, the requirements of any order or regulation adopted
by that authority;
(d) Chapter 70.98 RCW and rules adopted thereunder;
and
(e) Chapter 80.50 RCW and rules adopted thereunder.
(11) Consistent with the provisions of the federal clean
air act, the permitting authority may issue general permits
covering categories of permitted sources, and temporary permits authorizing emissions from similar operations at multiple temporary locations.
(12) Permit program sources within the territorial jurisdiction of an authority delegated the operating permit program shall file their permit applications with that authority,
except that permit applications for sources regulated on a
statewide basis pursuant to RCW 70.94.395 shall be filed
with the department. Permit program sources outside the territorial jurisdiction of a delegated authority shall file their
applications with the department. Permit program sources
subject to chapter 80.50 RCW shall, irrespective of their
location, file their applications with the energy facility site
evaluation council.
(13) When issuing operating permits to coal fired electric
generating plants, the permitting authority shall establish
requirements consistent with Title IV of the federal clean air
act.
(14)(a) The department and the local air authorities are
authorized to assess and to collect, and each source emitting
one hundred tons or more per year of a regulated pollutant
shall pay an interim assessment to fund the development of
the operating permit program during fiscal year 1994.
(b) The department shall conduct a workload analysis
and prepare an operating permit program development budget for fiscal year 1994. The department shall allocate among
all sources emitting one hundred tons or more per year of a
regulated pollutant during calendar year 1992 the costs identified in its program development budget according to a
three-tiered model, with each of the three tiers being equally
weighted, based upon:
(i) The number of sources;
(ii) The complexity of sources; and
(iii) The size of sources, as measured by the quantity of
each regulated pollutant emitted by the source.
(c) Each local authority and the department shall collect
from sources under their respective jurisdictions the interim
fee determined by the department and shall remit the fee to
the department.
(d) Each local authority may, in addition, allocate its fiscal year 1994 operating permit program development costs
among the sources under its jurisdiction emitting one hundred tons or more per year of a regulated pollutant during cal(2006 Ed.)
Washington Clean Air Act
endar year 1992 and may collect an interim fee from these
sources. A fee assessed pursuant to this subsection (14)(d)
shall be collected at the same time as the fee assessed pursuant to (c) of this subsection.
(e) The fees assessed to a source under this subsection
shall be limited to the first seven thousand five hundred tons
for each regulated pollutant per year.
(15) The department shall determine the persons liable
for the fee imposed by subsection (14) of this section, compute the fee, and provide by November 1 of 1993 the identity
of the fee payer with the computation of the fee to each local
authority and to the department of revenue for collection. The
department of revenue shall collect the fee computed by the
department from the fee payers under the jurisdiction of the
department. The administrative, collection, and penalty provisions of chapter 82.32 RCW shall apply to the collection of
the fee by the department of revenue. The department shall
provide technical assistance to the department of revenue for
decisions made by the department of revenue pursuant to
RCW 82.32.160 and 82.32.170. All interim fees collected by
the department of revenue on behalf of the department and all
interim fees collected by local authorities on behalf of the
department shall be deposited in the air operating permit
account. The interim fees collected by the local air authorities
to cover their permit program development costs under subsection (14)(d) of this section shall be deposited in the dedicated accounts of their respective treasuries.
All fees identified in this section shall be due and payable on March 1 of 1994, except that the local air pollution
control authorities may adopt by rule an earlier date on which
fees are to be due and payable. The section 5, chapter 252,
Laws of 1993 amendments to RCW 70.94.161 do not have
the effect of terminating, or in any way modifying, any liability, civil or criminal, incurred pursuant to the provisions of
RCW 70.94.161 (15) and (17) as they existed prior to July 25,
1993.
(16) For sources or source categories not required to
obtain permits under subsection (4) of this section, the
department or local authority may establish by rule control
technology requirements. If control technology rule revisions
are made by the department or local authority under this subsection, the department or local authority shall consider the
remaining useful life of control equipment previously
installed on existing sources before requiring technology
changes. The department or any local air authority may issue
a general permit, as authorized under the federal clean air act,
for such sources.
(17) RCW 70.94.151 shall not apply to any permit program source after the effective date of United States environmental protection agency approval of the state operating permit program. [1993 c 252 § 5; 1991 c 199 § 301.]
Finding—1991 c 199: See note following RCW 70.94.011.
Air operating permit account: RCW 70.94.015.
70.94.162
70.94.162 Annual fees from operating permit program source to cover cost of program. (1) The department
and delegated local air authorities are authorized to determine, assess, and collect, and each permit program source
shall pay, annual fees sufficient to cover the direct and indirect costs of implementing a state operating permit program
(2006 Ed.)
70.94.162
approved by the United States environmental protection
agency under the federal clean air act. However, a source that
receives its operating permit from the United States environmental protection agency shall not be considered a permit
program source so long as the environmental protection
agency continues to act as the permitting authority for that
source. Each permitting authority shall develop by rule a fee
schedule allocating among its permit program sources the
costs of the operating permit program, and may, by rule,
establish a payment schedule whereby periodic installments
of the annual fee are due and payable more frequently. All
operating permit program fees collected by the department
shall be deposited in the air operating permit account. All
operating permit program fees collected by the delegated
local air authorities shall be deposited in their respective air
operating permit accounts or other accounts dedicated exclusively to support of the operating permit program. The fees
assessed under this subsection shall first be due not less than
forty-five days after the United States environmental protection agency delegates to the department the authority to
administer the operating permit program and then annually
thereafter.
The department shall establish, by rule, procedures for
administrative appeals to the department regarding the fee
assessed pursuant to this subsection.
(2) The fee schedule developed by each permitting
authority shall fully cover and not exceed both its permit
administration costs and the permitting authority’s share of
statewide program development and oversight costs.
(a) Permit administration costs are those incurred by
each permitting authority, including the department, in
administering and enforcing the operating permit program
with respect to sources under its jurisdiction. Costs associated
with the following activities are fee eligible as these activities
relate to the operating permit program and to the sources permitted by a permitting authority, including, where applicable,
sources subject to a general permit:
(i) Preapplication assistance and review of an application
and proposed compliance plan for a permit, permit revision,
or renewal;
(ii) Source inspections, testing, and other data-gathering
activities necessary for the development of a permit, permit
revision, or renewal;
(iii) Acting on an application for a permit, permit revision, or renewal, including the costs of developing an applicable requirement as part of the processing of a permit, permit revision, or renewal, preparing a draft permit and fact
sheet, and preparing a final permit, but excluding the costs of
developing BACT, LAER, BART, or RACT requirements
for criteria and toxic air pollutants;
(iv) Notifying and soliciting, reviewing and responding
to comment from the public and contiguous states and tribes,
conducting public hearings regarding the issuance of a draft
permit and other costs of providing information to the public
regarding operating permits and the permit issuance process;
(v) Modeling necessary to establish permit limits or to
determine compliance with permit limits;
(vi) Reviewing compliance certifications and emissions
reports and conducting related compilation and reporting
activities;
[Title 70 RCW—page 193]
70.94.162
Title 70 RCW: Public Health and Safety
(vii) Conducting compliance inspections, complaint
investigations, and other activities necessary to ensure that a
source is complying with permit conditions;
(viii) Administrative enforcement activities and penalty
assessment, excluding the costs of proceedings before the
pollution control hearings board and all costs of judicial
enforcement;
(ix) The share attributable to permitted sources of the
development and maintenance of emissions inventories;
(x) The share attributable to permitted sources of ambient air quality monitoring and associated recording and
reporting activities;
(xi) Training for permit administration and enforcement;
(xii) Fee determination, assessment, and collection,
including the costs of necessary administrative dispute resolution and penalty collection;
(xiii) Required fiscal audits, periodic performance
audits, and reporting activities;
(xiv) Tracking of time, revenues and expenditures, and
accounting activities;
(xv) Administering the permit program including the
costs of clerical support, supervision, and management;
(xvi) Provision of assistance to small businesses under
the jurisdiction of the permitting authority as required under
section 507 of the federal clean air act; and
(xvii) Other activities required by operating permit regulations issued by the United States environmental protection
agency under the federal clean air act.
(b) Development and oversight costs are those incurred
by the department in developing and administering the state
operating permit program, and in overseeing the administration of the program by the delegated local permitting authorities. Costs associated with the following activities are fee eligible as these activities relate to the operating permit program:
(i) Review and determinations necessary for delegation
of authority to administer and enforce a permit program to a
local air authority under RCW 70.94.161(2) and 70.94.860;
(ii) Conducting fiscal audits and periodic performance
audits of delegated local authorities, and other oversight
functions required by the operating permit program;
(iii) Administrative enforcement actions taken by the
department on behalf of a permitting authority, including
those actions taken by the department under RCW 70.94.785,
but excluding the costs of proceedings before the pollution
control hearings board and all costs of judicial enforcement;
(iv) Determination and assessment with respect to each
permitting authority of the fees covering its share of the costs
of development and oversight;
(v) Training and assistance for permit program administration and oversight, including training and assistance
regarding technical, administrative, and data management
issues;
(vi) Development of generally applicable regulations or
guidance regarding the permit program or its implementation
or enforcement;
(vii) State codification of federal rules or standards for
inclusion in operating permits;
(viii) Preparation of delegation package and other activities associated with submittal of the state permit program to
[Title 70 RCW—page 194]
the United States environmental protection agency for
approval, including ongoing coordination activities;
(ix) General administration and coordination of the state
permit program, related support activities, and other agency
indirect costs, including necessary data management and
quality assurance;
(x) Required fiscal audits and periodic performance
audits of the department, and reporting activities;
(xi) Tracking of time, revenues and expenditures, and
accounting activities;
(xii) Public education and outreach related to the operating permit program, including the maintenance of a permit
register;
(xiii) The share attributable to permitted sources of compiling and maintaining emissions inventories;
(xiv) The share attributable to permitted sources of ambient air quality monitoring, related technical support, and
associated recording activities;
(xv) The share attributable to permitted sources of modeling activities;
(xvi) Provision of assistance to small business as
required under section 507 of the federal clean air act as it
exists on July 25, 1993, or its later enactment as adopted by
reference by the director by rule;
(xvii) Provision of services by the department of revenue
and the office of the state attorney general and other state
agencies in support of permit program administration;
(xviii) A one-time revision to the state implementation
plan to make those administrative changes necessary to
ensure coordination of the state implementation plan and the
operating permit program; and
(xix) Other activities required by operating permit regulations issued by the United States environmental protection
agency under the federal clean air act.
(3) The responsibility for operating permit fee determination, assessment, and collection is to be shared by the
department and delegated local air authorities as follows:
(a) Each permitting authority, including the department,
acting in its capacity as a permitting authority, shall develop
a fee schedule and mechanism for collecting fees from the
permit program sources under its jurisdiction; the fees collected by each authority shall be sufficient to cover its costs
of permit administration and its share of the department’s
costs of development and oversight. Each delegated local
authority shall remit to the department its share of the department’s development and oversight costs.
(b) Only those local air authorities to whom the department has delegated the authority to administer the program
pursuant to RCW 70.94.161(2) (b) and (c) and 70.94.860
shall have the authority to administer and collect operating
permit fees. The department shall retain the authority to
administer and collect such fees with respect to the sources
within the jurisdiction of a local air authority until the effective date of program delegation to that air authority.
(c) The department shall allocate its development and
oversight costs among all permitting authorities, including
the department, in proportion to the number of permit program sources under the jurisdiction of each authority, except
that extraordinary costs or other costs readily attributable to a
specific permitting authority may be assessed that authority.
(2006 Ed.)
Washington Clean Air Act
For purposes of this subsection, all sources covered by a single general permit shall be treated as one source.
(4) The department and each delegated local air authority
shall adopt by rule a general permit fee schedule for sources
under their respective jurisdictions after such time as the
department adopts provisions for general permit issuance.
Within ninety days of the time that the department adopts a
general permit fee schedule, the department shall report to the
relevant standing committees of the legislature regarding the
general permit fee schedules adopted by the department and
by the delegated local air authorities. The permit administration costs of each general permit shall be allocated equitably
among only those sources subject to that general permit. The
share of development and oversight costs attributable to each
general permit shall be determined pursuant to subsection
(3)(c) of this section.
(5) The fee schedule developed by the department shall
allocate among the sources for whom the department acts as
a permitting authority, other than sources subject to a general
permit, those portions of the department’s permit administration costs and the department’s share of the development and
oversight costs which the department does not plan to recover
under its general permit fee schedule or schedules as follows:
(a) The department shall allocate its permit administration costs and its share of the development and oversight
costs not recovered through general permit fees according to
a three-tiered model based upon:
(i) The number of permit program sources under its jurisdiction;
(ii) The complexity of permit program sources under its
jurisdiction; and
(iii) The size of permit program sources under its jurisdiction, as measured by the quantity of each regulated pollutant emitted by the source.
(b) Each of the three tiers shall be equally weighted.
(c) The department may, in addition, allocate activitiesbased costs readily attributable to a specific source to that
source under RCW 70.94.152(1) and 70.94.154(7).
The quantity of each regulated pollutant emitted by a
source shall be determined based on the annual emissions
during the most recent calendar year for which data is available.
(6) The department shall, after opportunity for public
review and comment, adopt rules that establish a process for
development and review of its operating permit program fee
schedule, a methodology for tracking program revenues and
expenditures and, for both the department and the delegated
local air authorities, a system of fiscal audits, reports, and
periodic performance audits.
(a) The fee schedule development and review process
shall include the following:
(i) The department shall conduct a biennial workload
analysis. The department shall provide the opportunity for
public review of and comment on the workload analysis. The
department shall review and update its workload analysis
during each biennial budget cycle, taking into account information gathered by tracking previous revenues, time, and
expenditures and other information obtained through fiscal
audits and performance audits.
(ii) The department shall prepare a biennial budget based
upon the resource requirements identified in the workload
(2006 Ed.)
70.94.162
analysis for that biennium. In preparing the budget, the
department shall take into account the projected operating
permit account balance at the start of the biennium. The
department shall provide the opportunity for public review of
and comment on the proposed budget. The department shall
review and update its budget each biennium.
(iii) The department shall develop a fee schedule allocating the department’s permit administration costs and its share
of the development and oversight costs among the department’s permit program sources using the methodology
described in subsection (5) of this section. The department
shall provide the opportunity for public review of and comment on the allocation methodology and fee schedule. The
department shall provide procedures for administrative resolution of disputes regarding the source data on which allocation determinations are based; these procedures shall be
designed such that resolution occurs prior to the completion
of the allocation process. The department shall review and
update its fee schedule annually.
(b) The methodology for tracking revenues and expenditures shall include the following:
(i) The department shall develop a system for tracking
revenues and expenditures that provides the maximum practicable information. At a minimum, revenues from fees collected under the operating permit program shall be tracked on
a source-specific basis and time and expenditures required to
administer the program shall be tracked on the basis of source
categories and functional categories. Each general permit
will be treated as a separate source category for tracking and
accounting purposes.
(ii) The department shall use the information obtained
from tracking revenues, time, and expenditures to modify the
workload analysis required in subsection (6)(a) of this section.
(iii) The information obtained from tracking revenues,
time, and expenditures shall not provide a basis for challenge
to the amount of an individual source’s fee.
(c) The system of fiscal audits, reports, and periodic performance audits shall include the following:
(i) The department and the delegated local air authorities
shall prepare annual reports and shall submit the reports to,
respectively, the appropriate standing committees of the legislature and the board of directors of the local air authority.
(ii) The department shall arrange for fiscal audits and
routine performance audits and for periodic intensive performance audits of each permitting authority and of the department.
(7) Each local air authority requesting delegation shall,
after opportunity for public review and comment, publish
regulations which establish a process for development and
review of its operating permit program fee schedule, and a
methodology for tracking its revenues and expenditures.
These regulations shall be submitted to the department for
review and approval as part of the local authority’s delegation request.
(8) As used in this section and in RCW 70.94.161(14),
"regulated pollutant" shall have the same meaning as defined
in section 502(b) of the federal clean air act as it exists on
July 25, 1993, or its later enactment as adopted by reference
by the director by rule.
[Title 70 RCW—page 195]
70.94.163
Title 70 RCW: Public Health and Safety
(9) Fee structures as authorized under this section shall
remain in effect until such time as the legislature authorizes
an alternative structure following receipt of the report
required by this subsection. [1998 c 245 § 129; 1993 c 252 §
6.]
70.94.163
70.94.163 Source categories not required to have a
permit—Recommendations. The department shall prepare
recommendations to reduce air emissions for source categories not generally required to have a permit under RCW
70.94.161. Such recommendations shall not require any
action by the owner or operator of a source and shall be consistent with rules adopted under chapter 70.95C RCW. The
recommendations shall include but not be limited to: Process
changes, product substitution, equipment modifications, hazardous substance use reduction, recycling, and energy efficiency. [1991 c 199 § 304.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.165
70.94.165 Gasoline recovery devices—Limitation on
requiring. (1) A gasoline vapor recovery device that captures vapors during vehicle fueling may only be required at a
service station, or any other gasoline dispensing facility supplying fuel to the general public, in any of the following circumstances:
(a) The facility sells in excess of six hundred thousand
gallons of gasoline per year and is located in a county, any
part of which is designated as nonattainment for ozone under
the federal clean air act, 42 U.S.C. Sec. 7407; or
(b) The facility sells in excess of six hundred thousand
gallons of gasoline per year and is located in a county where
a maintenance plan has been adopted by a local air pollution
control authority or the department of ecology that includes
gasoline vapor recovery devices as a control strategy; or
(c) From March 30, 1996, until December 31, 1998, in
any facility that sells in excess of one million two hundred
thousand gallons of gasoline per year and is located in an
ozone-contributing county. For purposes of this section, an
ozone-contributing county means a county in which the emissions have contributed to the formation of ozone in any
county where violations of federal ozone standards have been
measured, and includes: Cowlitz, Island, Kitsap, Lewis,
Skagit, Thurston, Wahkiakum, and Whatcom counties; or
(d) After December 31, 1998, in any facility that sells in
excess of eight hundred forty thousand gallons of gasoline
per year and is located in any county, no part of which is designated as nonattainment for ozone under the federal clean air
act, 42 U.S.C. Sec. 7407, provided that the department of
ecology determines by December 31, 1997, that the use of
gasoline vapor control devices in the county is important to
achieving or maintaining attainment status in any other
county.
(2) This section does not preclude the department of
ecology or any local air pollution authority from requiring a
gasoline vapor recovery device that captures vapors during
vehicle refueling as part of the regulation of sources as provided in RCW 70.94.152, 70.94.331, or 70.94.141 or where
required under 42 U.S.C. Sec. 7412. [1996 c 294 § 1.]
Effective date—1996 c 294: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[Title 70 RCW—page 196]
ernment and its existing public institutions, and shall take effect immediately
[March 30, 1996]." [1996 c 294 § 2.]
70.94.170
70.94.170 Air pollution control authority control
officer. Any activated authority which has adopted an ordinance, resolution, or valid rules and regulations as provided
herein for the control and prevention of air pollution shall
appoint a full time control officer, whose sole responsibility
shall be to observe and enforce the provisions of this chapter
and all orders, ordinances, resolutions, or rules and regulations of such activated authority pertaining to the control and
prevention of air pollution. [1991 c 199 § 707; 1969 ex.s. c
168 § 21; 1967 c 238 § 30; 1957 c 232 § 17.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.181
70.94.181 Variances—Application for—Considerations—Limitations—Renewals—Review. (1) Any person
who owns or is in control of any plant, building, structure,
establishment, process or equipment may apply to the department of ecology or appropriate local authority board for a
variance from rules or regulations governing the quality,
nature, duration or extent of discharges of air contaminants.
The application shall be accompanied by such information
and data as the department of ecology or board may require.
The department of ecology or board may grant such variance,
provided that variances to state rules shall require the department’s approval prior to being issued by a local authority
board. The total time period for a variance and renewal of
such variance shall not exceed one year. Variances may be
issued by either the department or a local board but only after
public hearing or due notice, if the department or board finds
that:
(a) The emissions occurring or proposed to occur do not
endanger public health or safety or the environment; and
(b) Compliance with the rules or regulations from which
variance is sought would produce serious hardship without
equal or greater benefits to the public.
(2) No variance shall be granted pursuant to this section
until the department of ecology or board has considered the
relative interests of the applicant, other owners of property
likely to be affected by the discharges, and the general public.
(3) Any variance or renewal thereof shall be granted
within the requirements of subsection (1) of this section and
under conditions consistent with the reasons therefor, and
within the following limitations:
(a) If the variance is granted on the ground that there is
no practicable means known or available for the adequate
prevention, abatement or control of the pollution involved, it
shall be only until the necessary means for prevention, abatement or control become known and available, and subject to
the taking of any substitute or alternate measures that the
department of ecology or board may prescribe.
(b) If the variance is granted on the ground that compliance with the particular requirement or requirements from
which variance is sought will require the taking of measures
which, because of their extent or cost, must be spread over a
considerable period of time, it shall be for a period not to
exceed such reasonable time as, in the view of the department
of ecology or board is requisite for the taking of the necessary
measures. A variance granted on the ground specified herein
shall contain a timetable for the taking of action in an expedi(2006 Ed.)
Washington Clean Air Act
tious manner and shall be conditioned on adherence to such
timetable.
(c) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that
provided for in (a) and (b) of this subsection, it shall be for
not more than one year.
(4) Any variance granted pursuant to this section may be
renewed on terms and conditions and for periods which
would be appropriate on initial granting of a variance. If complaint is made to the department of ecology or board on
account of the variance, no renewal thereof shall be granted
unless following a public hearing on the complaint on due
notice the department or board finds that renewal is justified.
No renewal shall be granted except on application therefor.
Any such application shall be made at least sixty days prior to
the expiration of the variance. Immediately upon receipt of an
application for renewal, the department of ecology or board
shall give public notice of such application in accordance
with rules of the department of ecology or board.
(5) A variance or renewal shall not be a right of the applicant or holder thereof but shall be granted at the discretion of
the department of ecology or board. However, any applicant
adversely affected by the denial or the terms and conditions
of the granting of an application for a variance or renewal of
a variance by the department of ecology or board may obtain
judicial review thereof under the provisions of chapter 34.05
RCW as now or hereafter amended.
(6) Nothing in this section and no variance or renewal
granted pursuant hereto shall be construed to prevent or limit
the application of the emergency provisions and procedures
of RCW 70.94.710 through 70.94.730 to any person or his or
her property.
(7) An application for a variance, or for the renewal
thereof, submitted to the department of ecology or board pursuant to this section shall be approved or disapproved by the
department or board within sixty-five days of receipt unless
the applicant and the department of ecology or board agree to
a continuance.
(8) Variances approved under this section shall not be
included in orders or permits provided for in RCW 70.94.161
or 70.94.152 until such time as the variance has been
accepted by the United States environmental protection
agency as part of an approved state implementation plan.
[1991 c 199 § 306; 1983 c 3 § 176; 1974 ex.s. c 59 § 1; 1969
ex.s. c 168 § 22; 1967 c 238 § 31.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.200
70.94.200 Investigation of conditions by control
officer or department—Entering private, public property. For the purpose of investigating conditions specific to
the control, recovery or release of air contaminants into the
atmosphere, a control officer, the department, or their duly
authorized representatives, shall have the power to enter at
reasonable times upon any private or public property, excepting nonmultiple unit private dwellings housing two families
or less. No person shall refuse entry or access to any control
officer, the department, or their duly authorized representatives, who requests entry for the purpose of inspection, and
who presents appropriate credentials; nor shall any person
obstruct, hamper or interfere with any such inspection. [1987
(2006 Ed.)
70.94.221
c 109 § 38; 1979 c 141 § 121; 1967 c 238 § 32; 1957 c 232 §
20.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.205
70.94.205 Confidentiality of records and information. Whenever any records or other information, other than
ambient air quality data or emission data, furnished to or
obtained by the department of ecology or the board of any
authority under this chapter, relate to processes or production
unique to the owner or operator, or is likely to affect
adversely the competitive position of such owner or operator
if released to the public or to a competitor, and the owner or
operator of such processes or production so certifies, such
records or information shall be only for the confidential use
of the department of ecology or board. Nothing herein shall
be construed to prevent the use of records or information by
the department of ecology or board in compiling or publishing analyses or summaries relating to the general condition of
the outdoor atmosphere: PROVIDED, That such analyses or
summaries do not reveal any information otherwise confidential under the provisions of this section: PROVIDED FURTHER, That emission data furnished to or obtained by the
department of ecology or board shall be correlated with
applicable emission limitations and other control measures
and shall be available for public inspection during normal
business hours at offices of the department of ecology or
board. [1991 c 199 § 307; 1973 1st ex.s. c 193 § 4; 1969 ex.s.
c 168 § 23; 1967 c 238 § 33.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.211
70.94.211 Enforcement actions by air authority—
Notice to violators. At least thirty days prior to the commencement of any formal enforcement action under RCW
70.94.430 or 70.94.431 a local air authority shall cause written notice to be served upon the alleged violator or violators.
The notice shall specify the provision of this chapter or the
rule or regulation alleged to be violated, and the facts alleged
to constitute a violation thereof, and may include an order
directing that necessary corrective action be taken within a
reasonable time. In lieu of an order, the board or the control
officer may require that the alleged violator or violators
appear before the board for a hearing. Every notice of violation shall offer to the alleged violator an opportunity to meet
with the local air authority prior to the commencement of
enforcement action. [1991 c 199 § 309; 1974 ex.s. c 69 § 4;
1970 ex.s. c 62 § 57; 1969 ex.s. c 168 § 24; 1967 c 238 § 34.]
Finding—1991 c 199: See note following RCW 70.94.011.
Savings—Effective date—Severability—1970 ex.s. c 62: See notes
following RCW 43.21A.010.
Appeal of orders under RCW 70.94.211: RCW 43.21B.310.
70.94.221
70.94.221 Order final unless appealed to pollution
control hearings board. Any order issued by the board or
by the control officer, shall become final unless such order is
appealed to the hearings board as provided in chapter 43.21B
RCW. [1970 ex.s. c 62 § 58; 1969 ex.s. c 168 § 25; 1967 c
238 § 35.]
Savings—Effective date—Severability—1970 ex.s. c 62: See notes
following RCW 43.21A.010.
[Title 70 RCW—page 197]
70.94.230
Title 70 RCW: Public Health and Safety
70.94.230
70.94.230 Rules of authority supersede local rules,
regulations, etc.—Exceptions. The rules and regulations
hereafter adopted by an authority under the provisions of this
chapter shall supersede the existing rules, regulations, resolutions and ordinances of any of the component bodies
included within said authority in all matters relating to the
control and enforcement of air pollution as contemplated by
this chapter: PROVIDED, HOWEVER, That existing rules,
regulations, resolutions and ordinances shall remain in effect
until such rules, regulations, resolutions and ordinances are
superseded as provided in this section: PROVIDED FURTHER, That nothing herein shall be construed to supersede
any local county, or city ordinance or resolution, or any provision of the statutory or common law pertaining to nuisance;
nor to affect any aspect of employer-employee relationship
relating to conditions in a place of work, including without
limitation, statutes, rules or regulations governing industrial
health and safety standards or performance standards incorporated in zoning ordinances or resolutions of the component
bodies where such standards relating to air pollution control
or air quality containing requirements not less stringent than
those of the authority. [1969 ex.s. c 168 § 28; 1967 c 238 §
38; 1957 c 232 § 23.]
70.94.231
70.94.231 Air pollution control authority—Dissolution of prior districts—Continuation of rules and regulations until superseded. Upon the date that an authority
begins to exercise its powers and functions, all rules and regulations in force on such date shall remain in effect until
superseded by the rules and regulations of the authority as
provided in RCW 70.94.230. [1991 c 199 § 708; 1969 ex.s. c
168 § 29; 1967 c 238 § 39.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.240
70.94.240 Air pollution control advisory council. The
board of any authority may appoint an air pollution control
advisory council to advise and consult with such board, and
the control officer in effectuating the purposes of this chapter.
The council shall consist of at least five appointed members
who are residents of the authority and who are preferably
skilled and experienced in the field of air pollution control,
chemistry, meteorology, public health, or a related field, at
least one of whom shall serve as a representative of industry
and one of whom shall serve as a representative of the environmental community. The chair of the board of any such
authority shall serve as ex officio member of the council and
be its chair. Each member of the council shall receive from
the authority per diem and travel expenses in an amount not
to exceed that provided for the state board in this chapter (but
not to exceed one thousand dollars per year) for each full day
spent in the performance of his or her duties under this chapter. [1991 c 199 § 709; 1969 ex.s. c 168 § 30; 1967 c 238 §
41; 1957 c 232 § 24.]
upon ten days notice, to said counties, of a resolution for dissolution or deactivation and upon the approval by the legislative authority of each county comprising the authority. In
such event, the board shall proceed to wind up the affairs of
the authority and pay all indebtedness thereof. Any surplus of
funds shall be paid over to the counties comprising the
authority in proportion to their last contribution. Upon the
completion of the process of closing the affairs of the authority, the board shall by resolution entered in its minutes
declare the authority deactivated and a certified copy of such
resolution shall be filed with the secretary of state and the
authority shall be deemed inactive. [1979 ex.s. c 30 § 12;
1969 ex.s. c 168 § 31; 1967 c 238 § 43; 1957 c 232 § 26.]
70.94.262
70.94.262 Withdrawal from multicounty authority.
(1) Any county that is part of a multicounty authority, pursuant to RCW 70.94.053, may withdraw from the multicounty
authority after January 1, 1992, if the county wishes to provide for air quality protection and regulation by an alternate
air quality authority. A withdrawing county shall:
(a) Create its own single county authority;
(b) Join another existing multicounty authority with
which its boundaries are contiguous;
(c) Join with one or more contiguous inactive authorities
to operate as a new multicounty authority; or
(d) Become an inactive authority and subject to regulation by the department of ecology.
(2) In order to withdraw from an existing multicounty
authority, a county shall make arrangements, by interlocal
agreement, for division of assets and liabilities and the appropriate release of any and all interest in assets of the multicounty authority.
(3) In order to effectuate any of the alternate arrangements in subsection (1) of this section, the procedures of this
chapter to create an air pollution control authority shall be
met and the actions must be taken at least six months prior to
the effective date of withdrawal. The rules of the original
multicounty authority shall continue in force for the withdrawing county until such time as all conditions to create an
air pollution control authority have been met.
(4) At the effective date of a county’s withdrawal, the
remaining counties shall reorganize and reconstitute the legislative authority pursuant to this chapter. The air pollution
control regulations of the existing multicounty authority shall
remain in force and effect after the reorganization.
(5) If a county elects to withdraw from an existing multicounty authority, the air pollution control regulations shall
remain in effect for the withdrawing county until suspended
by the adoption of rules, regulations, or ordinances adopted
under one of the alternatives of subsection (1) of this section.
A county shall initiate proceedings to adopt such rules, regulations, or ordinances on or before the effective date of the
county’s withdrawal. [1991 c 125 § 2.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.331
70.94.260
70.94.260 Dissolution of authority—Deactivation of
authority. An air pollution control authority may be deactivated prior to the term provided in the original or subsequent
agreement by the county or counties comprising such authority upon the adoption by the board, following a hearing held
[Title 70 RCW—page 198]
70.94.331 Powers and duties of department. (1) The
department shall have all the powers as provided in RCW
70.94.141.
(2) The department, in addition to any other powers
vested in it by law after consideration at a public hearing held
in accordance with chapters 42.30 and 34.05 RCW shall:
(2006 Ed.)
Washington Clean Air Act
(a) Adopt rules establishing air quality objectives and air
quality standards;
(b) Adopt emission standards which shall constitute minimum emission standards throughout the state. An authority
may enact more stringent emission standards, except for
emission performance standards for new wood stoves and
opacity levels for residential solid fuel burning devices which
shall be statewide, but in no event may less stringent standards be enacted by an authority without the prior approval of
the department after public hearing and due notice to interested parties;
(c) Adopt by rule air quality standards and emission standards for the control or prohibition of emissions to the outdoor atmosphere of radionuclides, dust, fumes, mist, smoke,
other particulate matter, vapor, gas, odorous substances, or
any combination thereof. Such requirements may be based
upon a system of classification by types of emissions or types
of sources of emissions, or combinations thereof, which it
determines most feasible for the purposes of this chapter.
However, an industry, or the air pollution control authority
having jurisdiction, can choose, subject to the submittal of
appropriate data that the industry has quantified, to have any
limit on the opacity of emissions from a source whose emission standard is stated in terms of a weight of particulate per
unit volume of air (e.g., grains per dry standard cubic foot) be
based on the applicable particulate emission standard for that
source, such that any violation of the opacity limit accurately
indicates a violation of the applicable particulate emission
standard. Any alternative opacity limit provided by this section that would result in increasing air contaminants emissions in any nonattainment area shall only be granted if equal
or greater emission reductions are provided for by the same
source obtaining the revised opacity limit. A reasonable fee
may be assessed to the industry to which the alternate opacity
standard would apply. The fee shall cover only those costs to
the air pollution control authority which are directly related
to the determination on the acceptability of the alternate
opacity standard, including testing, oversight and review of
data.
(3) The air quality standards and emission standards may
be for the state as a whole or may vary from area to area or
source to source, except that emission performance standards
for new wood stoves and opacity levels for residential solid
fuel burning devices shall be statewide, as may be appropriate to facilitate the accomplishment of the objectives of this
chapter and to take necessary or desirable account of varying
local conditions of population concentration, the existence of
actual or reasonably foreseeable air pollution, topographic
and meteorologic conditions and other pertinent variables.
(4) The department is directed to cooperate with the
appropriate agencies of the United States or other states or
any interstate agencies or international agencies with respect
to the control of air pollution and air contamination, or for the
formulation for the submission to the legislature of interstate
air pollution control compacts or agreements.
(5) The department is directed to conduct or cause to be
conducted a continuous surveillance program to monitor the
quality of the ambient atmosphere as to concentrations and
movements of air contaminants and conduct or cause to be
conducted a program to determine the quantity of emissions
to the atmosphere.
(2006 Ed.)
70.94.332
(6) The department shall enforce the air quality standards
and emission standards throughout the state except where a
local authority is enforcing the state regulations or its own
regulations which are more stringent than those of the state.
(7) The department shall encourage local units of government to handle air pollution problems within their respective jurisdictions; and, on a cooperative basis provide technical and consultative assistance therefor.
(8) The department shall have the power to require the
addition to or deletion of a county or counties from an existing authority in order to carry out the purposes of this chapter.
No such addition or deletion shall be made without the concurrence of any existing authority involved. Such action shall
only be taken after a public hearing held pursuant to the provisions of chapter 34.05 RCW.
(9) The department shall establish rules requiring
sources or source categories to apply reasonable and available control methods. Such rules shall apply to those sources
or source categories that individually or collectively contribute the majority of statewide air emissions of each regulated
pollutant. The department shall review, and if necessary,
update its rules every five years to ensure consistency with
current reasonable and available control methods. The
department shall have adopted rules required under this subsection for all sources by July 1, 1996.
For the purposes of this section, "reasonable and available control methods" shall include but not be limited to,
changes in technology, processes, or other control strategies.
[1991 c 199 § 710; 1988 c 106 § 1. Prior: 1987 c 405 § 13;
1987 c 109 § 39; 1985 c 372 § 4; 1969 ex.s. c 168 § 34; 1967
c 238 § 46.]
Finding—1991 c 199: See note following RCW 70.94.011.
Severability—1987 c 405: See note following RCW 70.94.450.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1985 c 372: See note following RCW 70.98.050.
70.94.332
70.94.332 Enforcement actions by department—
Notice to violators. At least thirty days prior to the commencement of any formal enforcement action under RCW
70.94.430 and 70.94.431, the department of ecology shall
cause written notice to be served upon the alleged violator or
violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to be violated, and the
facts alleged to constitute a violation thereof, and may
include an order that necessary corrective action be taken
within a reasonable time. In lieu of an order, the department
may require that the alleged violator or violators appear
before it for the purpose of providing the department information pertaining to the violation or the charges complained
of. Every notice of violation shall offer to the alleged violator
an opportunity to meet with the department prior to the commencement of enforcement action. [1991 c 199 § 711; 1987
c 109 § 18; 1967 c 238 § 47.]
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Appeal of orders under RCW 70.94.332: RCW 43.21B.310.
[Title 70 RCW—page 199]
70.94.335
Title 70 RCW: Public Health and Safety
70.94.335 Hazardous substance remedial actions—
Procedural requirements not applicable. The procedural
requirements of this chapter shall not apply to any person
conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The
department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent
decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or during the department-conducted remedial
action, through the procedures developed by the department
pursuant to RCW 70.105D.090. [1994 c 257 § 15.]
70.94.335
Severability—1994 c 257: See note following RCW 36.70A.270.
70.94.350
70.94.350 Contracts, agreements for use of personnel
by department—Reimbursement—Merit system regulations waived. The department is authorized to contract for or
otherwise agree to the use of personnel of municipal corporations or other agencies or private persons; and the department
is further authorized to reimburse such municipal corporations or agencies for the employment of such personnel.
Merit system regulations or standards for the employment of
personnel may be waived for personnel hired under contract
as provided for in this section. The department shall provide,
within available appropriations, for the scientific, technical,
legal, administrative, and other necessary services and facilities for performing the functions under this chapter. [1987 c
109 § 40; 1979 c 141 § 122; 1967 c 238 § 45; 1961 c 188 § 6.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.370 Powers and rights of governmental units
and persons are not limited by act or recommendations.
No provision of this chapter or any recommendation of the
state board or of any local or regional air pollution program is
a limitation:
(1) On the power of any city, town or county to declare,
prohibit and abate nuisances.
(2) On the power of the secretary of social and health services to provide for the protection of the public health under
any authority presently vested in that office or which may be
hereafter prescribed by law.
(3) On the power of a state agency in the enforcement, or
administration of any provision of law which it is specifically
permitted or required to enforce or administer.
(4) On the right of any person to maintain at any time any
appropriate action for relief against any air pollution. [1979
c 141 § 123; 1967 c 238 § 59; 1961 c 188 § 8.]
70.94.370
70.94.380 Emission control requirements. (1) Every
activated authority operating an air pollution control program
shall have requirements for the control of emissions which
are no less stringent than those adopted by the department of
ecology for the geographic area in which such air pollution
control program is located. Less stringent requirements than
compelled by this section may be included in a local or
regional air pollution control program only after approval by
the department of ecology following demonstration to the
satisfaction of the department of ecology that the proposed
requirements are consistent with the purposes of this chapter:
70.94.380
[Title 70 RCW—page 200]
PROVIDED, That such approval shall be preceded by public
hearing, of which notice has been given in accordance with
chapter 42.30 RCW. The department of ecology, upon
receiving evidence that conditions have changed or that additional information is relevant to a decision with respect to the
requirements for emission control, may, after public hearing
on due notice, withdraw any approval previously given to a
less stringent local or regional requirement.
[(2)] Nothing in this chapter shall be construed to prevent a local or regional air pollution control authority from
adopting and enforcing more stringent emission control
requirements than those adopted by the department of ecology and applicable within the jurisdiction of the local or
regional air pollution control authority, except that the emission performance standards for new wood stoves and the
opacity levels for residential solid fuel burning devices shall
be statewide. [1987 c 405 § 14; 1979 ex.s. c 30 § 13; 1969
ex.s. c 168 § 36; 1967 c 238 § 50.]
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.385
70.94.385 State financial aid—Application for—
Requirements. (1) Any authority may apply to the department for state financial aid. The department shall annually
establish the amount of state funds available for the local
authorities taking into consideration available federal and
state funds. The establishment of funding amounts shall be
consistent with federal requirements and local maintenance
of effort necessary to carry out the provisions of this chapter.
Any such aid shall be expended from the general fund or
from other appropriations as the legislature may provide for
this purpose: PROVIDED, That federal funds shall be utilized to the maximum unless otherwise approved by the
department: PROVIDED FURTHER, That the amount of
state funds provided to local authorities during the previous
year shall not be reduced without a public notice or public
hearing held by the department if requested by the affected
local authority, unless such changes are the direct result of a
reduction in the available federal funds for air pollution control programs.
(2) Before any such application is approved and financial
aid is given or approved by the department, the authority
shall demonstrate to the satisfaction of the department that it
is fulfilling the requirements of this chapter. If the department
has not adopted ambient air quality standards and objectives
as permitted by RCW 70.94.331, the authority shall demonstrate to the satisfaction of the department that it is acting in
good faith and doing all that is possible and reasonable to
control and prevent air pollution within its jurisdictional
boundaries and to carry out the purposes of this chapter.
(3) The department shall adopt rules requiring the submission of such information by each authority including the
submission of its proposed budget and a description of its
program in support of the application for state financial aid as
necessary to enable the department to determine the need for
state aid. [1991 c 199 § 712; 1987 c 109 § 41; 1969 ex.s. c
168 § 37; 1967 c 238 § 51.]
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
(2006 Ed.)
Washington Clean Air Act
70.94.390
70.94.390 Hearing upon activation of authority—
Finding—Assumption of jurisdiction by department—
Expenses. The department may, at any time and on its own
motion, hold a hearing to determine if the activation of an
authority is necessary for the prevention, abatement and control of air pollution which exists or is likely to exist in any
area of the state. Notice of such hearing shall be conducted in
accordance with chapter 42.30 RCW and chapter 34.05
RCW. If at such hearing the department finds that air pollution exists or is likely to occur in a particular area, and that the
purposes of this chapter and the public interest will be best
served by the activation of an authority it shall designate the
boundaries of such area and set forth in a report to the appropriate county or counties recommendations for the activation
of an authority: PROVIDED, That if at such hearing the
department determines that the activation of an authority is
not practical or feasible for the reason that a local or regional
air pollution control program cannot be successfully established or operated due to unusual circumstances and conditions, but that the control and/or prevention of air pollution is
necessary for the purposes of this chapter and the public
interest, it may assume jurisdiction and so declare by order.
Such order shall designate the geographic area in which, and
the effective date upon which, the department will exercise
jurisdiction for the control and/or prevention of air pollution.
The department shall exercise its powers and duties in the
same manner as if it had assumed authority under RCW
70.94.410.
All expenses incurred by the department in the control
and prevention of air pollution in any county pursuant to the
provisions of RCW 70.94.390 and 70.94.410 shall constitute
a claim against such county. The department shall certify the
expenses to the auditor of the county, who promptly shall
issue his warrant on the county treasurer payable out of the
current expense fund of the county. In the event that the
amount in the current expense fund of the county is not adequate to meet the expenses incurred by the department, the
department shall certify to the state treasurer that they have a
prior claim on any money in the "liquor excise tax fund" that
is to be apportioned to that county by the state treasurer as
provided in RCW 82.08.170. In the event that the amount in
the "liquor excise tax fund" that is to be apportioned to that
county by the state treasurer is not adequate to meet the
expenses incurred by the department, the department shall
certify to the state treasurer that they have a prior claim on
any excess funds from the liquor revolving fund that are to be
distributed to that county as provided in RCW 66.08.190
through 66.08.220. All moneys that are collected as provided
in this section shall be placed in the general fund in the
account of the office of air programs of the department.
[1987 c 109 § 42; 1969 ex.s. c 168 § 38; 1967 c 238 § 52.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.395
70.94.395 Air contaminant sources—Regulation by
department; authorities may be more stringent—Hearing—Standards. If the department finds, after public hearing upon due notice to all interested parties, that the emissions from a particular type or class of air contaminant source
should be regulated on a statewide basis in the public interest
and for the protection of the welfare of the citizens of the
(2006 Ed.)
70.94.405
state, it may adopt and enforce rules to control and/or prevent
the emission of air contaminants from such source. An
authority may, after public hearing and a finding by the board
of a need for more stringent rules than those adopted by the
department under this section, propose the adoption of such
rules by the department for the control of emissions from the
particular type or class of air contaminant source within the
geographical area of the authority. The department shall hold
a public hearing and shall adopt the proposed rules within the
area of the requesting authority, unless it finds that the proposed rules are inconsistent with the rules adopted by the
department under this section. When such standards are
adopted by the department it shall delegate solely to the
requesting authority all powers necessary for their enforcement at the request of the authority. If after public hearing the
department finds that the regulation on a statewide basis of a
particular type or class of air contaminant source is no longer
required for the public interest and the protection of the welfare of the citizens of the state, the department may relinquish
exclusive jurisdiction over such source. [1991 c 199 § 713;
1987 c 109 § 43; 1969 ex.s. c 168 § 39; 1967 c 238 § 53.]
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.400
70.94.400 Order activating authority—Filing—
Hearing—Amendment of order. If, at the end of ninety
days after the department issues a report as provided for in
RCW 70.94.390, to appropriate county or counties recommending the activation of an authority such county or counties have not performed those actions recommended by the
department, and the department is still of the opinion that the
activation of an authority is necessary for the prevention,
abatement and control of air pollution which exists or is
likely to exist, then the department may, at its discretion,
issue an order activating an authority. Such order, a certified
copy of which shall be filed with the secretary of state, shall
specify the participating county or counties and the effective
date by which the authority shall begin to function and exercise its powers. Any authority activated by order of the
department shall choose the members of its board as provided
in RCW 70.94.100 and begin to function in the same manner
as if it had been activated by resolutions of the county or
counties included within its boundaries. The department may,
upon due notice to all interested parties, conduct a hearing in
accordance with chapter 42.30 RCW and chapter 34.05 RCW
within six months after the order was issued to review such
order and to ascertain if such order is being carried out in
good faith. At such time the department may amend any such
order issued if it is determined by the department that such
order is being carried out in bad faith or the department may
take the appropriate action as is provided in RCW 70.94.410.
[1987 c 109 § 44; 1969 ex.s. c 168 § 40; 1967 c 238 § 54.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.405
70.94.405 Air pollution control authority—Review
by department of program. At any time after an authority
has been activated for no less than one year, the department
may, on its own motion, conduct a hearing held in accordance
with chapters 42.30 and 34.05 RCW, to determine whether or
[Title 70 RCW—page 201]
70.94.410
Title 70 RCW: Public Health and Safety
not the air pollution prevention and control program of such
authority is being carried out in good faith and is as effective
as possible. If at such hearing the department finds that such
authority is not carrying out its air pollution control or prevention program in good faith, is not doing all that is possible
and reasonable to control and/or prevent air pollution within
the geographical area over which it has jurisdiction, or is not
carrying out the provisions of this chapter, it shall set forth in
a report or order to the appropriate authority: (1) Its recommendations as to how air pollution prevention and/or control
might be more effectively accomplished; and (2) guidelines
which will assist the authority in carrying out the recommendations of the department. [1991 c 199 § 714; 1987 c 109 §
45; 1969 ex.s. c 168 § 41; 1967 c 238 § 55.]
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.410
70.94.410 Air pollution control authority—Assumption of control by department. (1) If, after thirty days from
the time that the department issues a report or order to an
authority under RCW 70.94.400 and 70.94.405, such authority has not taken action which indicates that it is attempting in
good faith to implement the recommendations or actions of
the department as set forth in the report or order, the department may, by order, declare as null and void any or all ordinances, resolutions, rules or regulations of such authority
relating to the control and/or prevention of air pollution, and
at such time the department shall become the sole body with
authority to make and enforce rules and regulations for the
control and/or prevention of air pollution within the geographical area of such authority. If this occurs, the department may assume all those powers which are given to it by
law to effectuate the purposes of this chapter. The department
may, by order, continue in effect and enforce provisions of
the ordinances, resolutions, or rules of such authority which
are not less stringent than those requirements which the
department may have found applicable to the area under
RCW 70.94.331, until such time as the department adopts its
own rules. Any rules promulgated by the department shall be
subject to the provisions of chapter 34.05 RCW. Any
enforcement actions shall be subject to RCW 43.21B.300 or
43.21B.310.
(2) No provision of this chapter is intended to prohibit
any authority from reestablishing its air pollution control program which meets with the approval of the department and
which complies with the purposes of this chapter and with
applicable rules and orders of the department.
(3) Nothing in this chapter shall prevent the department
from withdrawing the exercise of its jurisdiction over an
authority upon its own motion if the department has found at
a hearing held in accordance with chapters 42.30 and 34.05
RCW, that the air pollution prevention and control program
of such authority will be carried out in good faith, that such
program will do all that is possible and reasonable to control
and/or prevent air pollution within the geographical area over
which it has jurisdiction, and that the program complies with
the provisions of this chapter. Upon the withdrawal of the
department, the department shall prescribe certain recommendations as to how air pollution prevention and/or control
is to be effectively accomplished and guidelines which will
[Title 70 RCW—page 202]
assist the authority in carrying out the recommendations of
the department. [1991 c 199 § 715; 1987 c 109 § 46; 1969
ex.s. c 168 § 42; 1967 c 238 § 56.]
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.420
70.94.420 State departments and agencies to cooperate with department and authorities. It is declared to be
the intent of the legislature of the state of Washington that
any state department or agency having jurisdiction over any
building, installation, other property, or other activity creating or likely to create significant air pollution shall cooperate
with the department and with air pollution control agencies in
preventing and/or controlling the pollution of the air in any
area insofar as the discharge of air contaminants from or by
such building, installation, other property, or activity may
cause or contribute to pollution of the air in such area. Such
state department or agency shall comply with the provisions
of this chapter and with any ordinance, resolution, rule or regulation issued hereunder in the same manner as any other person subject to such laws or rules. [1991 c 199 § 716; 1987 c
109 § 47; 1969 ex.s. c 168 § 44; 1967 c 238 § 58.]
Finding—1991 c 199: See note following RCW 70.94.011.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.422
70.94.422 Department of health powers regarding
radionuclides—Energy facility site evaluation council
authority over permit program sources. (1) The department of health shall have all the enforcement powers as provided in RCW 70.94.332, 70.94.425, 70.94.430, 70.94.431
(1) through (7), and 70.94.435 with respect to emissions of
radionuclides. This section does not preclude the department
of ecology from exercising its authority under this chapter.
(2) Permits for energy facilities subject to chapter 80.50
RCW shall be issued by the energy facility site evaluation
council. However, the permits become effective only if the
governor approves an application for certification and executes a certification agreement under chapter 80.50 RCW.
The council shall have all powers necessary to administer an
operating permits program pertaining to such facilities, consistent with applicable air quality standards established by the
department or local air pollution control authorities, or both,
and to obtain the approval of the United States environmental
protection agency. The council’s powers include, but are not
limited to, all of the enforcement powers provided in RCW
70.94.332, 70.94.425, 70.94.430, 70.94.431 (1) through (7),
and 70.94.435 with respect to permit program sources
required to obtain certification from the council under chapter 80.50 RCW. To the extent not covered under RCW
80.50.071, the council may collect fees as granted to delegated local air authorities under RCW 70.94.152, 70.94.161
(14) and (15), 70.94.162, and 70.94.154(7) with respect to
permit program sources required to obtain certification from
the council under chapter 80.50 RCW. The council and the
department shall each establish procedures that provide maximum coordination and avoid duplication between the two
agencies in carrying out the requirements of this chapter.
[1993 c 252 § 7.]
(2006 Ed.)
Washington Clean Air Act
70.94.425
70.94.425 Restraining orders—Injunctions. Notwithstanding the existence or use of any other remedy, whenever
any person has engaged in, or is about to engage in, any acts
or practices which constitute or will constitute a violation of
any provision of this chapter, or any rule, regulation or order
issued thereunder, the governing body or board or the department, after notice to such person and an opportunity to comply, may petition the superior court of the county wherein the
violation is alleged to be occurring or to have occurred for a
restraining order or a temporary or permanent injunction or
another appropriate order. [1987 c 109 § 48; 1967 c 238 §
60.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.430
70.94.430 Penalties. (1) Any person who knowingly
violates any of the provisions of chapter 70.94 or 70.120
RCW, or any ordinance, resolution, or regulation in force
pursuant thereto is guilty of a gross misdemeanor and upon
conviction thereof shall be punished by a fine of not more
than ten thousand dollars, or by imprisonment in the county
jail for not more than one year, or by both for each separate
violation.
(2) Any person who negligently releases into the ambient
air any substance listed by the department of ecology as a
hazardous air pollutant, other than in compliance with the
terms of an applicable permit or emission limit, and who at
the time negligently places another person in imminent danger of death or substantial bodily harm is guilty of a gross
misdemeanor and shall, upon conviction, be punished by a
fine of not more than ten thousand dollars, or by imprisonment for not more than one year, or both.
(3) Any person who knowingly releases into the ambient
air any substance listed by the department of ecology as a
hazardous air pollutant, other than in compliance with the
terms of an applicable permit or emission limit, and who
knows at the time that he or she thereby places another person
in imminent danger of death or substantial bodily harm, is
guilty of a class C felony and shall, upon conviction, be punished by a fine of not less than fifty thousand dollars, or by
imprisonment for not more than five years, or both.
(4) Any person who knowingly fails to disclose a potential conflict of interest under RCW 70.94.100 is guilty of a
gross misdemeanor, and upon conviction thereof shall be
punished by a fine of not more than five thousand dollars.
[2003 c 53 § 355; 1991 c 199 § 310; 1984 c 255 § 1; 1973 1st
ex.s. c 176 § 1; 1967 c 238 § 61.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.431
70.94.431 Civil penalties—Excusable excess emissions. (1) Except as provided in RCW 43.05.060 through
43.05.080 and 43.05.150, and in addition to or as an alternate
to any other penalty provided by law, any person who violates any of the provisions of chapter 70.94 RCW, chapter
70.120 RCW, or any of the rules in force under such chapters
may incur a civil penalty in an amount not to exceed ten thousand dollars per day for each violation. Each such violation
shall be a separate and distinct offense, and in case of a con(2006 Ed.)
70.94.431
tinuing violation, each day’s continuance shall be a separate
and distinct violation.
Any person who fails to take action as specified by an
order issued pursuant to this chapter shall be liable for a civil
penalty of not more than ten thousand dollars for each day of
continued noncompliance.
(2) Penalties incurred but not paid shall accrue interest,
beginning on the ninety-first day following the date that the
penalty becomes due and payable, at the highest rate allowed
by RCW 19.52.020 on the date that the penalty becomes due
and payable. If violations or penalties are appealed, interest
shall not begin to accrue until the thirty-first day following
final resolution of the appeal.
The maximum penalty amounts established in this section may be increased annually to account for inflation as
determined by the state office of the economic and revenue
forecast council.
(3) Each act of commission or omission which procures,
aids or abets in the violation shall be considered a violation
under the provisions of this section and subject to the same
penalty. The penalties provided in this section shall be
imposed pursuant to RCW 43.21B.300.
(4) All penalties recovered under this section by the
department shall be paid into the state treasury and credited to
the air pollution control account established in RCW
70.94.015 or, if recovered by the authority, shall be paid into
the treasury of the authority and credited to its funds. If a
prior penalty for the same violation has been paid to a local
authority, the penalty imposed by the department under subsection (1) of this section shall be reduced by the amount of
the payment.
(5) To secure the penalty incurred under this section, the
state or the authority shall have a lien on any vessel used or
operated in violation of this chapter which shall be enforced
as provided in RCW 60.36.050.
(6) Public or private entities that are recipients or potential recipients of department grants, whether for air quality
related activities or not, may have such grants rescinded or
withheld by the department for failure to comply with provisions of this chapter.
(7) In addition to other penalties provided by this chapter, persons knowingly under-reporting emissions or other
information used to set fees, or persons required to pay emission or permit fees who are more than ninety days late with
such payments may be subject to a penalty equal to three
times the amount of the original fee owed.
(8) By January 1, 1992, the department shall develop
rules for excusing excess emissions from enforcement action
if such excess emissions are unavoidable. The rules shall
specify the criteria and procedures for the department and
local air authorities to determine whether a period of excess
emissions is excusable in accordance with the state implementation plan. [1995 c 403 § 630; 1991 c 199 § 311; 1990 c
157 § 1; 1987 c 109 § 19; 1984 c 255 § 2; 1973 1st ex.s. c 176
§ 2; 1969 ex.s. c 168 § 53.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Finding—1991 c 199: See note following RCW 70.94.011.
[Title 70 RCW—page 203]
70.94.435
Title 70 RCW: Public Health and Safety
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.440 Short title. This chapter may be known and
cited as the "Washington Clean Air Act". [1967 c 238 § 63.]
(3) "Fireplace" means: (a) Any permanently installed
masonry fireplace; or (b) any factory-built metal solid fuel
burning device designed to be used with an open combustion
chamber and without features to control the air to fuel ratio.
(4) "New wood stove" means: (a) A wood stove that is
sold at retail, bargained, exchanged, or given away for the
first time by the manufacturer, the manufacturer’s dealer or
agency, or a retailer; and (b) has not been so used to have
become what is commonly known as "second hand" within
the ordinary meaning of that term.
(5) "Solid fuel burning device" means any device for
burning wood, coal, or any other nongaseous and nonliquid
fuel, including a wood stove and fireplace.
(6) "Authority" means any air pollution control agency
whose jurisdictional boundaries are coextensive with the
boundaries of one or more counties.
(7) "Opacity" means the degree to which an object seen
through a plume is obscured, stated as a percentage. The
methods approved by the department in accordance with
RCW 70.94.331 shall be used to establish opacity for the purposes of this chapter. [1987 c 405 § 2.]
Short title—1991 c 199: "This chapter shall be known and may be
cited as the clean air Washington act." [1991 c 199 § 721.]
*Reviser’s note: RCW 70.94.487 was repealed by 1988 c 186 § 16,
effective June 30, 1988.
70.94.435
70.94.435 Additional means for enforcement of chapter. As an additional means of enforcing this chapter, the
governing body or board may accept an assurance of discontinuance of any act or practice deemed in violation of this
chapter or of any ordinance, resolution, rule or regulation
adopted pursuant hereto, from any person engaging in, or
who has engaged in, such act or practice. Any such assurance
shall specify a time limit during which such discontinuance is
to be accomplished. Failure to perform the terms of any such
assurance shall constitute prima facie proof of a violation of
this chapter or the ordinances, resolutions, rules or regulations, or order issued pursuant thereto, which make the
alleged act or practice unlawful for the purpose of securing
any injunction or other relief from the superior court as provided in RCW 70.94.425. [1967 c 238 § 62.]
70.94.440
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.445
70.94.445 Air pollution control facilities—Tax
exemptions and credits. See chapter 82.34 RCW.
70.94.450
70.94.450 Wood stoves—Policy. In the interest of the
public health and welfare and in keeping with the objectives
of RCW 70.94.011, the legislature declares it to be the public
policy of the state to control, reduce, and prevent air pollution
caused by wood stove emissions. It is the state’s policy to
reduce wood stove emissions by encouraging the department
of ecology to continue efforts to educate the public about the
effects of wood stove emissions, other heating alternatives,
and the desirability of achieving better emission performance
and heating efficiency from wood stoves. The legislature further declares that: (1) The purchase of certified wood stoves
will not solve the problem of pollution caused by wood stove
emissions; and (2) the reduction of air pollution caused by
wood stove emissions will only occur when wood stove users
adopt proper methods of wood burning. [1987 c 405 § 1.]
Severability—1987 c 405: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 405 § 18.]
70.94.455
70.94.455 Residential and commercial construction—Burning and heating device standards. After January 1, 1992, no used solid fuel burning device shall be
installed in new or existing buildings unless such device is
either Oregon department of environmental quality phase II
or United States environmental protection agency certified or
a pellet stove either certified or exempt from certification by
the United States environmental protection agency.
(1) By July 1, 1992, the state building code council shall
adopt rules requiring an adequate source of heat other than
wood stoves in all new and substantially remodeled residential and commercial construction. This rule shall apply (a) to
areas designated by a county to be an urban growth area
under chapter 36.70A RCW; and (b) to areas designated by
the environmental protection agency as being in nonattainment for particulate matter.
(2) For purposes of this section, "substantially remodeled" means any alteration or restoration of a building
exceeding sixty percent of the appraised value of such building within a twelve-month period. [1991 c 199 § 503.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.453
70.94.453 Wood stoves—Definitions. Unless the context clearly requires otherwise, the definitions in this section
apply throughout RCW 70.94.453 through *70.94.487:
(1) "Department" means the department of ecology.
(2) "Wood stove" means a solid fuel burning device
other than a fireplace not meeting the requirements of RCW
70.94.457, including any fireplace insert, wood stove, wood
burning heater, wood stick boiler, coal-fired furnace, coal
stove, or similar device burning any solid fuel used for aesthetic or space-heating purposes in a private residence or
commercial establishment, which has a heat input less than
one million British thermal units per hour. The term "wood
stove" does not include wood cook stoves.
[Title 70 RCW—page 204]
70.94.457
70.94.457 Solid fuel burning devices—Emission performance standards. The department of ecology shall
establish by rule under chapter 34.05 RCW:
(1) Statewide emission performance standards for new
solid fuel burning devices. Notwithstanding any other provision of this chapter which allows an authority to adopt more
stringent emission standards, no authority shall adopt any
emission standard for new solid fuel burning devices other
than the statewide standard adopted by the department under
this section.
(a) After January 1, 1995, no solid fuel burning device
shall be offered for sale in this state to residents of this state
that does not meet the following particulate air contaminant
(2006 Ed.)
Washington Clean Air Act
emission standards under the test methodology of the United
States environmental protection agency in effect on January
1, 1991, or an equivalent standard under any test methodology adopted by the United States environmental protection
agency subsequent to such date: (i) Two and one-half grams
per hour for catalytic wood stoves; and (ii) four and one-half
grams per hour for all other solid fuel burning devices. For
purposes of this subsection, "equivalent" shall mean the
emissions limits specified in this subsection multiplied by a
statistically reliable conversion factor determined by the
department that compares the difference between the emission test methodology established by the United States environmental protection agency prior to May 15, 1991, with the
test methodology adopted subsequently by the agency. Subsection (a) of this subsection does not apply to fireplaces.
(b) After January 1, 1997, no fireplace, except masonry
fireplaces, shall be offered for sale unless such fireplace
meets the 1990 United States environmental protection
agency standards for wood stoves or equivalent standard that
may be established by the state building code council by rule.
Prior to January 1, 1997, the state building code council shall
establish by rule a methodology for the testing of factorybuilt fireplaces. The methodology shall be designed to
achieve a particulate air emission standard equivalent to the
1990 United States environmental protection agency standard for wood stoves. In developing the rules, the council
shall include on the technical advisory committee at least one
representative from the masonry fireplace builders and at
least one representative of the factory-built fireplace manufacturers.
(c) Prior to January 1, 1997, the state building code
council shall establish by rule design standards for the construction of new masonry fireplaces in Washington state. In
developing the rules, the council shall include on the technical advisory committee at least one representative from the
masonry fireplace builders and at least one representative of
the factory-built fireplace manufacturers. It shall be the goal
of the council to develop design standards that generally
achieve reductions in particulate air contaminant emissions
commensurate with the reductions being achieved by factorybuilt fireplaces at the time the standard is established.
(d) Actions of the department and local air pollution control authorities under this section shall preempt actions of
other state agencies and local governments for the purposes
of controlling air pollution from solid fuel burning devices,
except where authorized by chapter 199, Laws of 1991.
(e) Subsection (1)(a) of this section shall not apply to
fireplaces.
(f) Notwithstanding (a) of this subsection, the department is authorized to adopt, by rule, emission standards
adopted by the United States environmental protection
agency for new wood stoves sold at retail. For solid fuel burning devices for which the United States environmental protection agency has not established emission standards, the
department may exempt or establish, by rule, statewide standards including emission levels and test procedures for such
devices and such emission levels and test procedures shall be
equivalent to emission levels per pound per hour burned for
other new wood stoves and fireplaces regulated under this
subsection.
(2) A program to:
(2006 Ed.)
70.94.473
(a) Determine whether a new solid fuel burning device
complies with the statewide emission performance standards
established in subsection (1) of this section; and
(b) Approve the sale of devices that comply with the
statewide emission performance standards. [1995 c 205 § 3;
1991 c 199 § 501; 1987 c 405 § 4.]
Finding—1991 c 199: See note following RCW 70.94.011.
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.460
70.94.460 Sale of unapproved wood stoves—Prohibited. After July 1, 1988, no person shall sell, offer to sell, or
knowingly advertise to sell a new wood stove in this state to
a resident of this state unless the wood stove has been
approved by the department under the program established
under RCW 70.94.457. [1995 c 205 § 4; 1987 c 405 § 7.]
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.463
70.94.463 Sale of unapproved wood stoves—Penalty.
After July 1, 1988, any person who sells, offers to sell, or
knowingly advertises to sell a new wood stove in this state in
violation of RCW 70.94.460 shall be subject to the penalties
and enforcement actions under this chapter. [1987 c 405 § 8.]
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.467
70.94.467 Sale of unapproved wood stoves—Application of law to advertising media. Nothing in RCW
70.94.460 or 70.94.463 shall apply to a radio station, television station, publisher, printer, or distributor of a newspaper,
magazine, billboard, or other advertising medium that
accepts advertising in good faith and without knowledge of
its violation of RCW 70.94.453 through *70.94.487. [1987 c
405 § 12.]
*Reviser’s note: RCW 70.94.487 was repealed by 1988 c 186 § 16,
effective June 30, 1988.
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.470
70.94.470 Residential solid fuel burning devices—
Opacity levels—Enforcement and public education. (1)
The department shall establish, by rule under chapter 34.05
RCW, (a) a statewide opacity level of twenty percent for residential solid fuel burning devices for the purpose of enforcement on a complaint basis and (b) a statewide opacity of ten
percent for purposes of public education.
(2) Notwithstanding any other provision of this chapter
which may allow an authority to adopt a more stringent opacity level, no authority shall adopt or enforce an opacity level
for solid fuel burning devices other than established in this
section.
(3) Actions of the department and local air pollution control authorities under this section shall preempt actions of
other state agencies and local governments for the purposes
of controlling air pollution from solid fuel burning devices,
except where authorized by chapter 199, Laws of 1991.
[1991 c 199 § 502; 1987 c 405 § 5.]
Finding—1991 c 199: See note following RCW 70.94.011.
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.473
70.94.473 Limitations on burning wood for heat. (1)
Any person in a residence or commercial establishment
[Title 70 RCW—page 205]
70.94.475
Title 70 RCW: Public Health and Safety
which has an adequate source of heat without burning wood
shall:
(a) Not burn wood in any solid fuel burning device
whenever the department has determined under RCW
70.94.715 that any air pollution episode exists in that area;
(b) Not burn wood in any solid fuel burning device
except those which are either Oregon department of environmental quality phase II or United States environmental protection agency certified or certified by the department under
RCW 70.94.457(1) or a pellet stove either certified or issued
an exemption by the United States environmental protection
agency in accordance with Title 40, Part 60 of the code of
federal regulations, in the geographical area and for the
period of time that a first stage of impaired air quality has
been determined, by the department or any authority, for that
area. A first stage of impaired air quality is reached when:
(i) Fine particulates are at an ambient level of thirty-five
micrograms per cubic meter measured on a twenty-four hour
average; and
(ii) Forecasted meteorological conditions are not
expected to allow levels of fine particulates to decline below
thirty-five micrograms per cubic meter for a period of fortyeight hours or more from the time that the fine particulates
are measured at the trigger level; and
(c) Not burn wood in any solid fuel burning device in a
geographical area and for the period of time that a second
stage of impaired air quality has been determined by the
department or any authority, for that area. A second stage of
impaired air quality is reached when:
(i) A first stage of impaired air quality has been in force
and not been sufficient to reduce the increasing fine particle
[particulate] pollution trend;
(ii) Fine particulates are at an ambient level of sixty
micrograms per cubic meter measured on a twenty-four hour
average; and
(iii) Forecasted meteorological conditions are not
expected to allow levels of fine particulates to decline below
sixty micrograms per cubic meter for a period of forty-eight
hours or more from the time that the fine particulates are
measured at the trigger level.
(2) Actions of the department and local air pollution control authorities under this section shall preempt actions of
other state agencies and local governments for the purposes
of controlling air pollution from solid fuel burning devices,
except where authorized by chapter 199, Laws of 1991.
[2005 c 197 § 1; 1998 c 342 § 8; 1995 c 205 § 1; 1991 c 199
§ 504; 1990 c 128 § 2; 1987 c 405 § 6.]
Finding—1991 c 199: See note following RCW 70.94.011.
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.475
70.94.475 Liability of condominium owners’ association or resident association. A condominium owners’ association or an association formed by residents of a multiplefamily dwelling are not liable for violations of RCW
70.94.473 by a resident of a condominium or multiple-family
dwelling. The associations shall cooperate with local air pollution control authorities to acquaint residents with the provisions of this section. [1990 c 157 § 2.]
[Title 70 RCW—page 206]
70.94.477
70.94.477 Limitations on use of solid fuel burning
devices. (1) Unless allowed by rule, under chapter 34.05
RCW, a person shall not cause or allow any of the following
materials to be burned in any residential solid fuel burning
device:
(a) Garbage;
(b) Treated wood;
(c) Plastics;
(d) Rubber products;
(e) Animals;
(f) Asphaltic products;
(g) Waste petroleum products;
(h) Paints; or
(i) Any substance, other than properly seasoned fuel
wood, which normally emits dense smoke or obnoxious
odors.
(2) For the sole purpose of a contingency measure to
meet the requirements of section 172(c)(9) of the federal
clean air act, a local authority or the department may prohibit
the use of solid fuel burning devices, except fireplaces as
defined in RCW 70.94.453(3), wood stoves meeting the standards set forth in RCW 70.94.457 or pellet stoves either certified or issued an exemption by the United States environmental protection agency in accordance with Title 40, Part 60
of the code of federal regulations, if the United States environmental protection agency, in consultation with the department and the local authority makes written findings that:
(a) The area has failed to make reasonable further
progress or attain or maintain a national ambient air quality
standard; and
(b) Emissions from solid fuel burning devices from a
particular geographic area are a contributing factor to such
failure to make reasonable further progress or attain or maintain a national ambient air quality standard.
A prohibition issued by a local authority or the department under this subsection shall not apply to a person in a residence or commercial establishment that does not have an
adequate source of heat without burning wood. [1995 c 205
§ 2; 1990 c 128 § 3; 1987 c 405 § 9.]
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.480
70.94.480 Wood stove education program. (1) The
department of ecology shall establish a program to educate
wood stove dealers and the public about:
(a) The effects of wood stove emissions on health and air
quality;
(b) Methods of achieving better efficiency and emission
performance from wood stoves;
(c) Wood stoves that have been approved by the department;
(d) The benefits of replacing inefficient wood stoves
with stoves approved under RCW 70.94.457.
(2) Persons selling new wood stoves shall distribute and
verbally explain educational materials describing when a
stove can and cannot be legally used to customers purchasing
new wood stoves. [1990 c 128 § 6; 1987 c 405 § 3.]
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.483
70.94.483 Wood stove education and enforcement
account created—Fee imposed on solid fuel burning
(2006 Ed.)
Washington Clean Air Act
device sales. (1) The wood stove education and enforcement
account is hereby created in the state treasury. Money placed
in the account shall include all money received under subsection (2) of this section and any other money appropriated by
the legislature. Money in the account shall be spent for the
purposes of the wood stove education program established
under RCW 70.94.480 and for enforcement of the wood
stove program, and shall be subject to legislative appropriation. However, during the 2003-05 fiscal biennium, the legislature may transfer from the wood stove education and
enforcement account to the air pollution control account such
amounts as specified in the omnibus operating budget bill.
(2) The department of ecology, with the advice of the
advisory committee, shall set a flat fee of thirty dollars, on the
retail sale, as defined in RCW 82.04.050, of each solid fuel
burning device after January 1, 1992. The fee shall be
imposed upon the consumer and shall not be subject to the
retail sales tax provisions of chapters 82.08 and 82.12 RCW.
The fee may be adjusted annually above thirty dollars to
account for inflation as determined by the state office of the
economic and revenue forecast council. The fee shall be collected by the department of revenue in conjunction with the
retail sales tax under chapter 82.08 RCW. If the seller fails to
collect the fee herein imposed or fails to remit the fee to the
department of revenue in the manner prescribed in chapter
82.08 RCW, the seller shall be personally liable to the state
for the amount of the fee. The collection provisions of chapter 82.32 RCW shall apply. The department of revenue shall
deposit fees collected under this section in the wood stove
education and enforcement account. [2003 1st sp.s. c 25 §
932; 1991 sp.s. c 13 §§ 64, 65; 1991 c 199 § 505; 1990 c 128
§ 5; 1987 c 405 § 10.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Finding—1991 c 199: See note following RCW 70.94.011.
Severability—1987 c 405: See note following RCW 70.94.450.
70.94.510
70.94.510 Policy to cooperate with federal government. It is declared to be the policy of the state of Washington through the department of ecology to cooperate with the
federal government in order to insure the coordination of the
provisions of the federal and state clean air acts, and the
department is authorized and directed to implement and
enforce the provisions of this chapter in carrying out this policy as follows:
(1) To accept and administer grants from the federal government for carrying out the provisions of this chapter.
(2) To take all action necessary to secure to the state the
benefits of the federal clean air act. [1987 c 109 § 49; 1969
ex.s. c 168 § 45.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.94.521
70.94.521 Transportation demand management—
Findings. The legislature finds that automotive traffic in
Washington’s metropolitan areas is the major source of emissions of air contaminants. This air pollution causes significant harm to public health, causes damage to trees, plants,
(2006 Ed.)
70.94.524
structures, and materials and degrades the quality of the environment.
Increasing automotive traffic is also aggravating traffic
congestion in Washington’s metropolitan areas. This traffic
congestion imposes significant costs on Washington’s businesses, governmental agencies, and individuals in terms of
lost working hours and delays in the delivery of goods and
services. Traffic congestion worsens automobile-related air
pollution, increases the consumption of fuel, and degrades
the habitability of many of Washington’s cities and suburban
areas. The capital and environmental costs of fully accommodating the existing and projected automobile traffic on roads
and highways are prohibitive. Decreasing the demand for
vehicle trips is significantly less costly and at least as effective in reducing traffic congestion and its impacts as constructing new transportation facilities such as roads and
bridges, to accommodate increased traffic volumes.
The legislature also finds that increasing automotive
transportation is a major factor in increasing consumption of
gasoline and, thereby, increasing reliance on imported
sources of petroleum. Moderating the growth in automotive
travel is essential to stabilizing and reducing dependence on
imported petroleum and improving the nation’s energy security.
The legislature further finds that reducing the number of
commute trips to work made via single-occupant cars and
light trucks is an effective way of reducing automobilerelated air pollution, traffic congestion, and energy use.
Major employers have significant opportunities to encourage
and facilitate reducing single-occupant vehicle commuting
by employees. In addition, the legislature also recognizes the
importance of increasing individual citizens’ awareness of air
quality, energy consumption, and traffic congestion, and the
contribution individual actions can make towards addressing
these issues.
The intent of this chapter is to require local governments
in those counties experiencing the greatest automobilerelated air pollution and traffic congestion to develop and
implement plans to reduce single-occupant vehicle commute
trips. Such plans shall require major employers and employers at major worksites to implement programs to reduce single-occupant vehicle commuting by employees at major
worksites. Local governments in counties experiencing significant but less severe automobile-related air pollution and
traffic congestion may implement such plans. State agencies
shall implement programs to reduce single-occupant vehicle
commuting at all major worksites throughout the state. [1997
c 250 § 1; 1991 c 202 § 10.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.524
70.94.524 Transportation demand management—
Definitions. Unless the context clearly requires otherwise,
the definitions in this section apply throughout this chapter.
(1) "A major employer" means a private or public
employer, including state agencies, that employs one hundred
or more full-time employees at a single worksite who begin
their regular work day between 6:00 a.m. and 9:00 a.m. on
weekdays for at least twelve continuous months during the
year.
[Title 70 RCW—page 207]
70.94.527
Title 70 RCW: Public Health and Safety
(2) "Major worksite" means a building or group of buildings that are on physically contiguous parcels of land or on
parcels separated solely by private or public roadways or
rights of way, and at which there are one hundred or more
full-time employees, who begin their regular work day
between 6:00 a.m. and 9:00 a.m. on weekdays, for at least
twelve continuous months.
(3) "Major employment installation" means a military
base or federal reservation, excluding tribal reservations, at
which there are one hundred or more full-time employees,
who begin their regular workday between 6:00 a.m. and 9:00
a.m. on weekdays, for at least twelve continuous months during the year.
(4) "Person hours of delay" means the daily person hours
of delay per mile in the peak period of 6:00 a.m. to 9:00 a.m.,
as calculated using the best available methodology by the
department of transportation.
(5) "Commute trip" means trips made from a worker’s
home to a worksite during the peak period of 6:00 a.m. to
9:00 a.m. on weekdays.
(6) "Proportion of single-occupant vehicle commute
trips" means the number of commute trips made by singleoccupant automobiles divided by the number of full-time
employees.
(7) "Commute trip vehicle miles traveled per employee"
means the sum of the individual vehicle commute trip lengths
in miles over a set period divided by the number of full-time
employees during that period.
(8) "Base year" means the twelve-month period commencing when a major employer is determined to be participating by the local jurisdiction, on which commute trip
reduction goals shall be based.
(9) "Growth and transportation efficiency center" means
a defined, compact, mixed-use urban area that contains jobs
or housing and supports multiple modes of transportation.
For the purpose of funding, a growth and transportation efficiency center must meet minimum criteria established by the
commute trip reduction board under RCW 70.94.537, and
must be certified by a regional transportation planning organization as established in RCW 47.80.020.
(10)(a) "Affected urban growth area" means:
(i) An urban growth area, designated pursuant to RCW
36.70A.110, whose boundaries contain a state highway segment exceeding the one hundred person hours of delay
threshold calculated by the department of transportation, and
any contiguous urban growth areas; and
(ii) An urban growth area, designated pursuant to RCW
36.70A.110, containing a jurisdiction with a population over
seventy thousand that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth
areas.
(b) Affected urban growth areas will be listed by the
department of transportation in the rules for chapter 329,
Laws of 2006 using the criteria identified in (a) of this subsection.
(11) "Certification" means a determination by a regional
transportation planning organization that a locally designated
growth and transportation efficiency center program meets
the minimum criteria developed in a collaborative regional
process and the rules established by the department of transportation. [2006 c 329 § 1; 1991 c 202 § 11.]
[Title 70 RCW—page 208]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.527
70.94.527 Transportation demand management—
Requirements for counties and cities. (1) Each county containing an urban growth area, designated pursuant to RCW
36.70A.110, and each city within an urban growth area with
a state highway segment exceeding the one hundred person
hours of delay threshold calculated by the department of
transportation, as well as those counties and cities located in
any contiguous urban growth areas, shall adopt a commute
trip reduction plan and ordinance for major employers in the
affected urban growth area by a date specified by the commute trip reduction board. Jurisdictions located within an
urban growth area with a population greater than seventy
thousand that adopted a commute trip reduction ordinance
before the year 2000, as well as any jurisdiction within contiguous urban growth areas, shall also adopt a commute trip
reduction plan and ordinance for major employers in the
affected urban growth area by a date specified by the commute trip reduction board. Jurisdictions containing a major
employment installation in a county with an affected growth
area, designated pursuant to RCW 36.70A.110, shall adopt a
commute trip reduction plan and ordinance for major
employers in the major employment installation by a date
specified by the commute trip reduction board. The ordinance shall establish the requirements for major employers
and provide an appeals process by which major employers,
who as a result of special characteristics of their business or
its locations would be unable to meet the requirements of the
ordinance, may obtain waiver or modification of those
requirements. The plan shall be designed to achieve reductions in the proportion of single-occupant vehicle commute
trips and be consistent with the rules established by the
department of transportation. The county, city, or town shall
submit its adopted plan to the regional transportation planning organization. The county, city, or town plan shall be
included in the regional commute trip reduction plan for
regional transportation planning purposes, consistent with the
rules established by the department of transportation in RCW
70.94.537.
(2) All other counties, cities, and towns may adopt and
implement a commute trip reduction plan consistent with
department of transportation rules established under RCW
70.94.537. Tribal governments are encouraged to adopt a
commute trip reduction plan for their lands. State investment
in voluntary commute trip reduction plans shall be limited to
those areas that meet criteria developed by the commute trip
reduction board.
(3) The department of ecology may, after consultation
with the department of transportation, as part of the state
implementation plan for areas that do not attain the national
ambient air quality standards for carbon monoxide or ozone,
require municipalities other than those identified in subsection (1) of this section to adopt and implement commute trip
reduction plans if the department determines that such plans
are necessary for attainment of said standards.
(4) A commute trip reduction plan shall be consistent
with the rules established under RCW 70.94.537 and shall
include but is not limited to (a) goals for reductions in the
proportion of single-occupant vehicle commute trips consis(2006 Ed.)
Washington Clean Air Act
tent with the state goals established by the commute trip
reduction board under RCW 70.94.537 and the regional commute trip reduction plan goals established in the regional
commute trip reduction plan; (b) a description of the requirements for major public and private sector employers to
implement commute trip reduction programs; (c) a commute
trip reduction program for employees of the county, city, or
town; and (d) means, consistent with rules established by the
department of transportation, for determining base year values and progress toward meeting commute trip reduction
plan goals. The plan shall be developed in consultation with
local transit agencies, the applicable regional transportation
planning organization, major employers, and other interested
parties.
(5) The commute trip reduction plans adopted by counties, cities, and towns under this chapter shall be consistent
with and may be incorporated in applicable state or regional
transportation plans and local comprehensive plans and shall
be coordinated, and consistent with, the commute trip reduction plans of counties, cities, or towns with which the county,
city, or town has, in part, common borders or related regional
issues. Such regional issues shall include assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction. Counties, cities, and towns adopting commute trip
reduction plans may enter into agreements through the interlocal cooperation act or by resolution or ordinance as appropriate with other jurisdictions, local transit agencies, transportation management associations or other private or nonprofit providers of transportation services, or regional
transportation planning organizations to coordinate the
development and implementation of such plans. Transit
agencies shall work with counties, cities, and towns as a part
of their six-year transit development plan established in
RCW 35.58.2795 to take into account the location of major
employer worksites when planning and prioritizing transit
service changes or the expansion of public transportation services, including rideshare services. Counties, cities, or towns
adopting a commute trip reduction plan shall review it annually and revise it as necessary to be consistent with applicable
plans developed under RCW 36.70A.070. Regional transportation planning organizations shall review the local commute trip reduction plans during the development and update
of the regional commute trip reduction plan.
(6) Each affected regional transportation planning organization shall adopt a commute trip reduction plan for its
region consistent with the rules and deadline established by
the department of transportation under RCW 70.94.537. The
plan shall include, but is not limited to: (a) Regional program
goals for commute trip reduction in urban growth areas and
all designated growth and transportation efficiency centers;
(b) a description of strategies for achieving the goals; (c) a
sustainable financial plan describing projected revenues and
expenditures to meet the goals; (d) a description of the way in
which progress toward meeting the goals will be measured;
and (e) minimum criteria for growth and transportation efficiency centers. (i) Regional transportation planning organizations shall review proposals from local jurisdictions to designate growth and transportation efficiency centers and shall
determine whether the proposed growth and transportation
efficiency center is consistent with the criteria defined in the
(2006 Ed.)
70.94.527
regional commute trip reduction plan. (ii) Growth and transportation efficiency centers certified as consistent with the
minimum requirements by the regional transportation planning organization shall be identified in subsequent updates of
the regional commute trip reduction plan. These plans shall
be developed in collaboration with all affected local jurisdictions, transit agencies, and other interested parties within the
region. The plan will be reviewed and approved by [the]
commute trip reduction board as established under RCW
70.94.537. Regions without an approved regional commute
trip reduction plan shall not be eligible for state commute trip
reduction program funds.
The regional commute trip reduction plan shall be consistent with and incorporated into transportation demand
management components in the regional transportation plan
as required by RCW 47.80.030.
(7) Each regional transportation planning organization
implementing a regional commute trip reduction program
shall, consistent with the rules and deadline established by
the department of transportation, submit its plan as well as
any related local commute trip reduction plans and certified
growth and transportation efficiency center programs, to the
commute trip reduction board established under RCW
70.94.537. The commute trip reduction board shall review
the regional commute trip reduction plan and the local commute trip reduction plans. The regional transportation planning organization shall collaborate with the commute trip
reduction board to evaluate the consistency of local commute
trip reduction plans with the regional commute trip reduction
plan. Local and regional plans must be approved by the commute trip reduction board in order to be eligible for state
funding provided for the purposes of this chapter.
(8) Each regional transportation planning organization
implementing a regional commute trip reduction program
shall submit an annual progress report to the commute trip
reduction board established under RCW 70.94.537. The
report shall be due at the end of each state fiscal year for
which the program has been implemented. The report shall
describe progress in attaining the applicable commute trip
reduction goals and shall highlight any problems being
encountered in achieving the goals. The information shall be
reported in a form established by the commute trip reduction
board.
(9) Any waivers or modifications of the requirements of
a commute trip reduction plan granted by a jurisdiction shall
be submitted for review to the commute trip reduction board
established under RCW 70.94.537. The commute trip reduction board may not deny the granting of a waiver or modification of the requirements of a commute trip reduction plan
by a jurisdiction but they may notify the jurisdiction of any
comments or objections.
(10) Plans implemented under this section shall not
apply to commute trips for seasonal agricultural employees.
(11) Plans implemented under this section shall not
apply to construction worksites when the expected duration
of the construction project is less than two years.
(12) If an affected urban growth area has not previously
implemented a commute trip reduction program and the state
has funded solutions to state highway deficiencies to address
the area’s exceeding the person hours of delay threshold, the
affected urban growth area shall be exempt from the duties of
[Title 70 RCW—page 209]
70.94.528
Title 70 RCW: Public Health and Safety
this section for a period not exceeding two years. [2006 c 329
§ 2; 1997 c 250 § 2; 1996 c 186 § 513; 1991 c 202 § 12.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.528
70.94.528 Transportation demand management—
Growth and transportation efficiency centers. (1) A
county, city, or town may, as part of its commute trip reduction plan, designate existing activity centers listed in its comprehensive plan or new activity centers as growth and transportation efficiency centers and establish a transportation
demand management program in the designated area.
(a) The transportation demand management program for
the growth and transportation efficiency center shall be
developed in consultation with local transit agencies, the
applicable regional transportation planning organization,
major employers, and other interested parties.
(b) In order to be eligible for state funding provided for
the purposes of this section, designated growth and transportation efficiency centers shall be certified by the applicable
regional transportation organization to: (i) Meet the minimum land use and transportation criteria established in collaboration among local jurisdictions, transit agencies, the
regional transportation planning organization, and other
interested parties as part of the regional commute trip reduction plan; and (ii) have established a transportation demand
management program that includes the elements identified in
(c) of this subsection and is consistent with the rules established by the department of transportation in RCW
70.94.537(2). If a designated growth and transportation efficiency center is denied certification, the local jurisdiction
may appeal the decision to the commute trip reduction board.
(c) Transportation demand management programs for
growth and transportation efficiency centers shall include,
but are not limited to: (i) Goals for reductions in the proportion of single-occupant vehicle trips that are more aggressive
than the state program goal established by the commute trip
reduction board; (ii) a sustainable financial plan demonstrating how the program can be implemented to meet state and
regional trip reduction goals, indicating resources from public and private sources that are reasonably expected to be
made available to carry out the plan, and recommending any
innovative financing techniques consistent with chapter
47.29 RCW, including public/private partnerships, to finance
needed facilities, services, and programs; (iii) a proposed
organizational structure for implementing the program; (iv) a
proposal to measure performance toward the goal and implementation progress; and (v) an evaluation to which local land
use and transportation policies apply, including parking policies and ordinances, to determine the extent that they complement and support the trip reduction investments of major
employers. Each of these program elements shall be consistent with the rules established under RCW 70.94.537.
(d) A designated growth and transportation efficiency
center shall be consistent with the land use and transportation
elements of the local comprehensive plan.
(e) Transit agencies, local governments, and regional
transportation planning organizations shall identify certified
growth and transportation efficiency centers as priority areas
[Title 70 RCW—page 210]
for new service and facility investments in their respective
investment plans.
(2) A county, city, or town that has established a growth
and transportation efficiency center program shall support
vehicle trip reduction activities in the designated area. The
implementing jurisdiction shall adopt policies, ordinances,
and funding strategies that will lead to attainment of program
goals in those areas. [2006 c 329 § 4.]
70.94.531
70.94.531 Transportation demand management—
Requirements for employers. (1) State agency worksites
are subject to the same requirements under this section and
RCW 70.94.534 as private employers.
(2) Not more than ninety days after the adoption of a
jurisdiction’s commute trip reduction plan, each major
employer in that jurisdiction shall perform a baseline measurement consistent with the rules established by the department of transportation under RCW 70.94.537. Not more than
ninety days after receiving the results of the baseline measurement, each major employer shall develop a commute trip
reduction program and shall submit a description of that program to the jurisdiction for review. The program shall be
implemented not more than ninety days after approval by the
jurisdiction.
(3) A commute trip reduction program of a major
employer shall consist of, at a minimum (a) designation of a
transportation coordinator and the display of the name, location, and telephone number of the coordinator in a prominent
manner at each affected worksite; (b) regular distribution of
information to employees regarding alternatives to singleoccupant vehicle commuting; (c) a regular review of
employee commuting and reporting of progress toward meeting the single-occupant vehicle reduction goals to the county,
city, or town consistent with the method established in the
commute trip reduction plan and the rules established by the
department of transportation under RCW 70.94.537; and (d)
implementation of a set of measures designed to achieve the
applicable commute trip reduction goals adopted by the jurisdiction. Such measures may include but are not limited to:
(i) Provision of preferential parking or reduced parking
charges, or both, for high occupancy vehicles;
(ii) Instituting or increasing parking charges for singleoccupant vehicles;
(iii) Provision of commuter ride matching services to
facilitate employee ridesharing for commute trips;
(iv) Provision of subsidies for transit fares;
(v) Provision of vans for van pools;
(vi) Provision of subsidies for car pooling or van pooling;
(vii) Permitting the use of the employer’s vehicles for car
pooling or van pooling;
(viii) Permitting flexible work schedules to facilitate
employees’ use of transit, car pools, or van pools;
(ix) Cooperation with transportation providers to provide
additional regular or express service to the worksite;
(x) Construction of special loading and unloading facilities for transit, car pool, and van pool users;
(xi) Provision of bicycle parking facilities, lockers,
changing areas, and showers for employees who bicycle or
walk to work;
(2006 Ed.)
Washington Clean Air Act
(xii) Provision of a program of parking incentives such
as a rebate for employees who do not use the parking facility;
(xiii) Establishment of a program to permit employees to
work part or full time at home or at an alternative worksite
closer to their homes;
(xiv) Establishment of a program of alternative work
schedules such as compressed work week schedules which
reduce commuting; and
(xv) Implementation of other measures designed to facilitate the use of high-occupancy vehicles such as on-site day
care facilities and emergency taxi services.
(4) Employers or owners of worksites may form or utilize existing transportation management associations or other
transportation-related associations authorized by RCW
35.87A.010 to assist members in developing and implementing commute trip reduction programs.
(5) Employers shall make a good faith effort towards
achievement of the goals identified in RCW 70.94.527(4)(d).
[2006 c 329 § 5; 1997 c 250 § 3; (1995 2nd sp.s. c 14 § 530
expired June 30, 1997); 1991 c 202 § 13.]
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: See note
following RCW 43.105.017.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.534
70.94.534 Transportation demand management—
Jurisdictions’ review and penalties. (1) Each jurisdiction
implementing a commute trip reduction plan under this chapter or as part of a plan or ordinance developed under RCW
36.70A.070 shall review each employer’s initial commute
trip reduction program to determine if the program is likely to
meet the applicable commute trip reduction goals. The
employer shall be notified by the jurisdiction of its findings.
If the jurisdiction finds that the program is not likely to meet
the applicable commute trip reduction goals, the jurisdiction
will work with the employer to modify the program as necessary. The jurisdiction shall complete review of each
employer’s initial commute trip reduction program within
ninety days of receipt.
(2) Employers implementing commute trip reduction
programs are expected to undertake good faith efforts to
achieve the goals outlined in RCW 70.94.527(4). Employers
are considered to be making a good faith effort if the following conditions have been met:
(a) The employer has met the minimum requirements
identified in RCW 70.94.531;
(b) The employer has notified the jurisdiction of its
intent to substantially change or modify its program and has
either received the approval of the jurisdiction to do so or has
acknowledged that its program may not be approved without
additional modifications;
(c) The employer has provided adequate information and
documentation of implementation when requested by the
jurisdiction; and
(d) The employer is working collaboratively with its
jurisdiction to continue its existing program or is developing
and implementing program modifications likely to result in
(2006 Ed.)
70.94.537
improvements to the program over an agreed upon length of
time.
(3) Each jurisdiction shall review at least once every two
years each employer’s progress and good faith efforts toward
meeting the applicable commute trip reduction goals. If an
employer makes a good faith effort, as defined in this section,
but is not likely to meet the applicable commute trip reduction goals, the jurisdiction shall work collaboratively with the
employer to make modifications to the commute trip reduction program. Failure of an employer to reach the applicable
commute trip reduction goals is not a violation of this chapter.
(4) If an employer fails to make a good faith effort and
fails to meet the applicable commute trip reduction goals, the
jurisdiction shall work collaboratively with the employer to
propose modifications to the program and shall direct the
employer to revise its program within thirty days to incorporate those modifications or modifications which the jurisdiction determines to be equivalent.
(5) Each jurisdiction implementing a commute trip
reduction plan pursuant to this chapter may impose civil penalties, in the manner provided in chapter 7.80 RCW, for failure by an employer to implement a commute trip reduction
program or to modify its commute trip reduction program as
required in subsection (4) of this section. No major employer
may be held liable for civil penalties for failure to reach the
applicable commute trip reduction goals. No major employer
shall be liable for civil penalties under this chapter if failure
to achieve a commute trip reduction program goal was the
result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the
issue was raised by the employer and pursued in good faith.
(6) Jurisdictions shall notify major employers of the procedures for applying for goal modification or exemption from
the commute trip reduction requirements based on the guidelines established by the commute trip reduction board authorized under RCW 70.94.537. [2006 c 329 § 6; 1997 c 250 §
4; 1991 c 202 § 14.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.537 Transportation demand management—
Commute trip reduction board. (1) A sixteen member
state commute trip reduction board is established as follows:
(a) The secretary of the department of transportation or
the secretary’s designee who shall serve as chair;
(b) One representative from the office of the governor or
the governor’s designee;
(c) The director or the director’s designee of one of the
following agencies, to be determined by the governor:
(i) Department of general administration;
(ii) Department of ecology;
(iii) Department of community, trade, and economic
development;
(d) Three representatives from cities and towns or counties appointed by the governor for staggered four-year terms
from a list recommended by the association of Washington
cities or the Washington state association of counties;
(e) Two representatives from transit agencies appointed
by the governor for staggered four-year terms from a list recommended by the Washington state transit association;
70.94.537
[Title 70 RCW—page 211]
70.94.537
Title 70 RCW: Public Health and Safety
(f) Two representatives from participating regional
transportation planning organizations appointed by the governor for staggered four-year terms;
(g) Four representatives of employers at or owners of
major worksites in Washington, or transportation management associations, business improvement areas, or other
transportation organizations representing employers,
appointed by the governor for staggered four-year terms; and
(h) Two citizens appointed by the governor for staggered
four-year terms.
Members of the commute trip reduction board shall
serve without compensation but shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and
43.03.060. Members appointed by the governor shall be
compensated in accordance with RCW 43.03.220. The board
has all powers necessary to carry out its duties as prescribed
by this chapter.
(2) By March 1, 2007, the department of transportation
shall establish rules for commute trip reduction plans and
implementation procedures. The commute trip reduction
board shall advise the department on the content of the rules.
The rules are intended to ensure consistency in commute trip
reduction plans and goals among jurisdictions while fairly
taking into account differences in employment and housing
density, employer size, existing and anticipated levels of
transit service, special employer circumstances, and other
factors the board determines to be relevant. The rules shall
include:
(a) Guidance criteria for growth and transportation efficiency centers;
(b) Data measurement methods and procedures for determining the efficacy of commute trip reduction activities and
progress toward meeting commute trip reduction plan goals;
(c) Model commute trip reduction ordinances;
(d) Methods for assuring consistency in the treatment of
employers who have worksites subject to the requirements of
this chapter in more than one jurisdiction;
(e) An appeals process by which major employers, who
as a result of special characteristics of their business or its
locations would be unable to meet the requirements of a commute trip reduction plan, may obtain a waiver or modification
of those requirements and criteria for determining eligibility
for waiver or modification;
(f) Establishment of a process for determining the state’s
affected areas, including criteria and procedures for regional
transportation planning organizations in consultation with
local jurisdictions to propose to add or exempt urban growth
areas;
(g) Listing of the affected areas of the program to be
done every four years as identified in subsection (5) of this
section;
(h) Establishment of a criteria and application process to
determine whether jurisdictions that voluntarily implement
commute trip reduction are eligible for state funding;
(i) Guidelines and deadlines for creating and updating
local commute trip reduction plans, including guidance to
ensure consistency between the local commute trip reduction
plan and the transportation demand management strategies
identified in the transportation element in the local comprehensive plan, as required by RCW 36.70A.070;
[Title 70 RCW—page 212]
(j) Guidelines for creating and updating regional commute trip reduction plans, including guidance to ensure the
regional commute trip reduction plan is consistent with and
incorporated into transportation demand management components in the regional transportation plan;
(k) Methods for regional transportation planning organizations to evaluate and certify that designated growth and
transportation efficiency center programs meet the minimum
requirements and are eligible for funding;
(l) Guidelines for creating and updating growth and
transportation efficiency center programs; and
(m) Establishment of statewide program goals. The
goals shall be designed to achieve substantial reductions in
the proportion of single-occupant vehicle commute trips and
the commute trip vehicle miles traveled per employee, at a
level that is projected to improve the mobility of people and
goods by increasing the efficiency of the state highway system.
(3) The board shall create a state commute trip reduction
plan that shall be updated every four years as discussed in
subsection (5) of this section. The state commute trip reduction plan shall include, but is not limited to: (a) Statewide
commute trip reduction program goals that are designed to
substantially improve the mobility of people and goods; (b)
identification of strategies at the state and regional levels to
achieve the goals and recommendations for how transportation demand management strategies can be targeted most
effectively to support commute trip reduction program goals;
(c) performance measures for assessing the cost-effectiveness of commute trip reduction strategies and the benefits for
the state transportation system; and (d) a sustainable financial
plan. The board shall review and approve regional commute
trip reduction plans, and work collaboratively with regional
transportation planning organizations in the establishment of
the state commute trip reduction plan.
(4) The board shall work with affected jurisdictions,
major employers, and other parties to develop and implement
a public awareness campaign designed to increase the effectiveness of local commute trip reduction programs and support achievement of the objectives identified in this chapter.
(5) The board shall evaluate and update the commute trip
reduction program plan and recommend changes to the rules
every four years, with the first assessment report due July 1,
2011, to ensure that the latest data methodology used by the
department of transportation is incorporated into the program
and to determine which areas of the state should be affected
by the program. The board shall review the definition of a
major employer no later than December 1, 2009. The board
shall regularly identify urban growth areas that are projected
to be affected by chapter 329, Laws of 2006 in the next fouryear period and may provide advance planning support to the
potentially affected jurisdictions.
(6) The board shall review progress toward implementing commute trip reduction plans and programs and the costs
and benefits of commute trip reduction plans and programs
and shall make recommendations to the legislature and the
governor by December 1, 2009, and every two years thereafter. In assessing the costs and benefits, the board shall consider the costs of not having implemented commute trip
reduction plans and programs with the assistance of the transportation performance audit board authorized under *chapter
(2006 Ed.)
Washington Clean Air Act
44.75 RCW. The board shall examine other transportation
demand management programs nationally and incorporate its
findings into its recommendations to the legislature. The recommendations shall address the need for continuation, modification, or termination or any or all requirements of this
chapter.
(7) The board shall invite personnel with appropriate
expertise from state, regional, and local government, private,
public, and nonprofit providers of transportation services,
and employers or owners of major worksites in Washington
to act as a technical advisory group. The technical advisory
group shall advise the board on the implementation of local
and regional commute trip reduction plans and programs,
program evaluation, program funding allocations, and state
rules and guidelines. [2006 c 329 § 7; 1997 c 250 § 5; 1996
c 186 § 514; 1995 c 399 § 188; 1991 c 202 § 15.]
*Reviser’s note: Chapter 44.75 RCW was repealed by 2006 c 334 § 51.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.541
70.94.541 Transportation demand management—
Technical assistance. (1) The department of transportation
shall provide staff support to the commute trip reduction
board in carrying out the requirements of RCW 70.94.537.
(2) The department of transportation shall provide technical assistance to regional transportation planning organizations, counties, cities, and towns, the department of general
administration, other state agencies, and other employers in
developing and implementing commute trip reduction plans
and programs. The technical assistance shall include: (a)
Guidance in single measurement methodology and practice
to be used in determining progress in attaining plan goals; (b)
developing model plans and programs appropriate to different situations; and (c) providing consistent training and informational materials for the implementation of commute trip
reduction programs. Model plans and programs, training,
and informational materials shall be developed in cooperation with representatives of regional transportation planning
organizations, local governments, transit agencies, and
employers.
(3) In carrying out this section the department of transportation may contract with statewide associations representing cities, towns, and counties to assist cities, towns, and
counties in implementing commute trip reduction plans and
programs. [2006 c 329 § 8; 1996 c 186 § 515; 1991 c 202 §
16.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.544
70.94.544 Transportation demand management—
Use of funds. A portion of the funds made available for the
purposes of this chapter shall be used to fund the commute
trip reduction board in carrying out the responsibilities of
RCW 70.94.537, and the department of transportation,
including the activities authorized under RCW 70.94.541(2),
and to assist regional transportation planning organizations,
counties, cities, and towns implementing commute trip
(2006 Ed.)
70.94.551
reduction plans. The commute trip reduction board shall
determine the allocation of program funds made available for
the purposes of this chapter to regional transportation planning organizations, counties, cities, and towns implementing
commute trip reduction plans. If state funds for the purposes
of this chapter are provided to those jurisdictions implementing voluntary commute trip reduction plans, the funds shall
be disbursed based on criteria established by the commute
trip reduction board under RCW 70.94.537. [2006 c 329 § 9;
2001 c 74 § 1; 1991 c 202 § 17.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.547
70.94.547 Transportation demand management—
Intent—State leadership. The legislature hereby recognizes the state’s crucial leadership role in establishing and
implementing effective commute trip reduction programs.
Therefore, it is the policy of the state that the department of
general administration and other state agencies, including
institutions of higher education, shall aggressively develop
substantive programs to reduce commute trips by state
employees. Implementation of these programs will reduce
energy consumption, congestion in urban areas, and air and
water pollution associated with automobile travel. [2006 c
329 § 10; 1991 c 202 § 18.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
70.94.551
70.94.551 Transportation demand management—
State agencies—Reports. (1) The director of the department
of general administration may coordinate an interagency
board for the purpose of developing policies or guidelines
that promote consistency among state agency commute trip
reduction programs required by RCW 70.94.527 and
70.94.531. The board shall include representatives of the
departments of transportation, ecology, and community,
trade, and economic development and such other departments and interested groups as the director of the department
of general administration determines to be necessary. Policies and guidelines shall be applicable to all state agencies
including but not limited to policies and guidelines regarding
parking and parking charges, employee incentives for commuting by other than single-occupant automobiles, flexible
and alternative work schedules, alternative worksites, and the
use of state-owned vehicles for car and van pools and guaranteed rides home. The policies and guidelines shall also consider the costs and benefits to state agencies of achieving
commute trip reductions and consider mechanisms for funding state agency commute trip reduction programs.
(2) State agencies sharing a common location in affected
urban growth areas where the total number of state employees is one hundred or more shall, with assistance from the
department of general administration, develop and implement a joint commute trip reduction program. The worksite
shall be treated as specified in RCW 70.94.531 and
70.94.534.
(3) The department of general administration shall
review the initial commute trip reduction program of each
state agency subject to the commute trip reduction plan for
state agencies to determine if the program is likely to meet
the applicable commute trip reduction goals and notify the
[Title 70 RCW—page 213]
70.94.555
Title 70 RCW: Public Health and Safety
agency of any deficiencies. If it is found that the program is
not likely to meet the applicable commute trip reduction
goals, the department of general administration will work
with the agency to modify the program as necessary.
(4) Each state agency implementing a commute trip
reduction plan shall report at least once per year to its agency
director on the performance of the agency’s commute trip
reduction program as part of the agency’s quality management, accountability, and performance system as defined by
RCW 43.17.385. The reports shall assess the performance of
the program, progress toward state goals established under
RCW 70.94.537, and recommendations for improving the
program.
(5) The department of general administration shall
review the agency performance reports defined in subsection
(4) of this section and submit a biennial report for state agencies subject to this chapter to the governor and incorporate
the report in the commute trip reduction board report to the
legislature as directed in RCW 70.94.537(6). The report shall
include, but is not limited to, an evaluation of the most recent
measurement results, progress toward state goals established
under RCW 70.94.537, and recommendations for improving
the performance of state agency commute trip reduction programs. The information shall be reported in a form established by the commute trip reduction board. [2006 c 329 §
11; 1997 c 250 § 6; 1996 c 186 § 516; 1991 c 202 § 19.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
State vehicle parking account: RCW 43.01.225.
70.94.555 Transportation demand management—
Collective bargaining powers unaffected. Nothing in
chapter 329, Laws of 2006 preempts the ability of state
employees to collectively bargain over commute trip reduction issues, including parking fees under chapter 41.80 RCW,
or the ability of private sector employees to collectively bargain over commute trip reduction issues if previously such
issues were mandatory subjects of collective bargaining.
[2006 c 329 § 3.]
70.94.555
70.94.600 Reports of authorities to department of
ecology—Contents. All authorities in the state shall submit
quarterly reports to the department of ecology detailing the
current status of air pollution control regulations in the
authority and, by county, the progress made toward bringing
all sources in the authority into compliance with authority
standards. [1979 ex.s. c 30 § 14; 1969 ex.s. c 168 § 52.]
70.94.600
70.94.610 Burning used oil fuel in land-based facilities. (1) Except as provided in subsection (2) of this section,
a person may not burn used oil as fuel in a land-based facility
or in state waters unless the used oil meets the following standards:
(a) Cadmium: 2 ppm maximum
(b) Chromium: 10 ppm maximum
(c) Lead: 100 ppm maximum
(d) Arsenic: 5 ppm maximum
(e) Total halogens: 1000 ppm maximum
(f) Polychlorinated biphenyls: 2 ppm maximum
70.94.610
[Title 70 RCW—page 214]
(g) Ash: .1 percent maximum
(h) Sulfur: 1.0 percent maximum
(i) Flash point: 100 degrees Fahrenheit minimum.
(2) This section shall not apply to: (a) Used oil burned in
space heaters if the space heater has a maximum heat output
of not greater than 0.5 million btu’s per hour or used oil
burned in facilities permitted by the department or a local air
pollution control authority; or (b) ocean-going vessels.
(3) This section shall not apply to persons in the business
of collecting used oil from residences when under authorization by a city, county, or the utilities and transportation commission. [1991 c 319 § 311.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
70.94.620
70.94.620 Metals mining and milling operations permits—Inspections by department of ecology. If a metals
mining and milling operation is issued a permit pursuant to
this chapter, then it will be subject to special inspection
requirements. The department of ecology shall inspect these
mining operations at least quarterly in order to ensure that the
operation is in compliance with the conditions of any permit
issued to it pursuant to this chapter. The department shall
conduct additional inspections during the construction phase
of the mining and milling operation in order to ensure compliance with this chapter. [1994 c 232 § 18.]
Severability—1994 c 232: See RCW 78.56.900.
Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.
70.94.630
70.94.630 Sulfur dioxide abatement account—Coalfired thermal electric generation facilities—Application—Determination and assessment of progress—Certification of pollution level—Reimbursement—Time limit
for and extension of account. (1) The sulfur dioxide abatement account is created. All receipts from subsection (2) of
this section must be deposited in the account. Expenditures in
the account may be used only for the purposes of subsection
(3) of this section. Only the director of revenue or the director’s designee may authorize expenditures from the account.
The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
(2) Upon application by the owners of a generation facility, the department of ecology shall make a determination of
whether the owners are making initial progress in the construction of air pollution control facilities. Evidence of initial
progress may include, but is not limited to, engineering work,
agreements to proceed with construction, contracts to purchase, or contracts for construction of air pollution control
facilities. However, if the owners’ progress is impeded due to
actions caused by regulatory delays or by defensive litigation,
certification of initial progress may not be withheld.
Upon certification of initial progress by the department
of ecology and after January 1, 1999, an amount equal to all
sales and use taxes paid under chapters 82.08, 82.12, and
82.14 RCW, that were obtained from the sales of coal to, or
use of coal by, a business for use at a generation facility shall
be deposited in the account under RCW 82.32.392.
By June 1st of each year during construction of the air
pollution control facilities and during the verification period
(2006 Ed.)
Washington Clean Air Act
required in RCW 82.08.811(2)(d) and 82.12.811(2)(d), the
department of ecology shall make an assessment regarding
the continued progress of the pollution control facilities. Evidence of continued progress may include, but is not limited
to, acquisition of construction material, visible progress on
construction, or other actions that have occurred that would
verify progress under general construction time tables. The
treasurer shall continue to deposit an amount equal to the tax
revenues to the sulfur dioxide abatement account unless the
department of ecology fails to certify that reasonable
progress has been made during the previous year. The operator of a generation facility shall file documentation accompanying its combined monthly excise tax return that identifies
all sales and use tax payments made by the owners for coal
used at the generation facility during the reporting period.
(3) When a generation facility emits no more than ten
thousand tons of sulfur dioxide during a consecutive twelvemonth period, the department of ecology shall certify this to
the department of revenue and the state treasurer by the end
of the following month. Within thirty days of receipt of certification under this subsection, the department of revenue
shall approve the tax exemption application and the director
or the director’s designee shall authorize the release of any
moneys in the sulfur dioxide abatement account to the operator of the generation facility. The operator shall disburse the
payment among the owners of record according to the terms
of their contractual agreement.
(4)(a) If the department of revenue has not approved a
tax exemption under RCW 82.08.811 and 82.12.811 by
March 1, 2005, any moneys in the sulfur dioxide abatement
account shall be transferred to the general fund and the appropriate local governments in accordance with chapter 82.14
RCW, and the sulfur dioxide abatement account shall cease
to exist after March 1, 2005.
(b) The dates in (a) of this subsection must be extended
if the owners of a generation facility have experienced difficulties in complying with this section, or RCW 82.08.811,
*82.08.812, 82.12.811, *82.12.812, and 82.32.392, due to
actions caused by regulatory delays or by defensive litigation.
(5) For the purposes of this section:
(a) "Air pollution control facilities" means any treatment
works, control devices and disposal systems, machinery,
equipment, structure, property, property improvements and
accessories, that are installed or acquired for the primary purpose of reducing, controlling, or disposing of industrial waste
that, if released to the outdoor atmosphere, could cause air
pollution, or that are required to meet regulatory requirements applicable to their construction, installation, or operation; and
(b) "Generation facility" means a coal-fired thermal electric generation facility placed in operation after December 3,
1969, and before July 1, 1975. [1997 c 368 § 10.]
*Reviser’s note: RCW 82.08.812 and 82.12.812 were repealed by
2000 c 4 § 1.
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
70.94.640
70.94.640 Odors or fugitive dust caused by agricultural activities consistent with good agricultural practices
exempt from chapter. (1) Odors or fugitive dust caused by
agricultural activity consistent with good agricultural prac(2006 Ed.)
70.94.645
tices on agricultural land are exempt from the requirements
of this chapter unless they have a substantial adverse effect
on public health. In determining whether agricultural activity
is consistent with good agricultural practices, the department
of ecology or board of any authority shall consult with a recognized third-party expert in the activity prior to issuing any
notice of violation.
(2) Any notice of violation issued under this chapter pertaining to odors or fugitive dust caused by agricultural activity shall include a statement as to why the activity is inconsistent with good agricultural practices, or a statement that the
odors or fugitive dust have substantial adverse effect on public health.
(3) In any appeal to the pollution control hearings board
or any judicial appeal, the agency issuing a final order pertaining to odors or fugitive dust caused by agricultural activity shall prove the activity is inconsistent with good agricultural practices or that the odors or fugitive dust have a substantial adverse impact on public health.
(4) If a person engaged in agricultural activity on a contiguous piece of agricultural land sells or has sold a portion of
that land for residential purposes, the exemption of this section shall not apply.
(5) As used in this section:
(a) "Agricultural activity" means the growing, raising, or
production of horticultural or viticultural crops, berries, poultry, livestock, shellfish, grain, mint, hay, and dairy products.
(b) "Good agricultural practices" means economically
feasible practices which are customary among or appropriate
to farms and ranches of a similar nature in the local area.
(c) "Agricultural land" means at least five acres of land
devoted primarily to the commercial production of livestock,
agricultural commodities, or cultured aquatic products.
(d) "Fugitive dust" means a particulate emission made
airborne by human activity, forces of wind, or both, and
which do not pass through a stack, chimney, vent, or other
functionally equivalent opening.
(6) The exemption for fugitive dust provided in subsection (1) of this section does not apply to facilities subject to
RCW 70.94.151 as specified in WAC 173-400-100 as of July
24, 2005, 70.94.152, or 70.94.161. [2005 c 511 § 4; 1981 c
297 § 30.]
Legislative finding, intent—1981 c 297: "The legislature finds that
agricultural land is essential to providing citizens with food and fiber and to
insuring aesthetic values through the preservation of open spaces in our state.
The legislature further finds that government regulations can cause agricultural land to be converted to nonagricultural uses. The legislature intends
that agricultural activity consistent with good practices be protected from
government over-regulation." [1981 c 297 § 29.]
Reviser’s note: The above legislative finding and intent section apparently applies to sections 30 and 31 of chapter 297, Laws of 1981, which sections have been codified pursuant to legislative direction as RCW 70.94.640
and 90.48.450, respectively.
Severability—1981 c 297: See note following RCW 15.36.201.
70.94.645
70.94.645 Ammonia emissions from use as agricultural or silvicultural fertilizer—Regulation prohibited.
The department shall not regulate ammonia emissions resulting from the storage, distribution, transport, or application of
ammonia for use as an agricultural or silvicultural fertilizer.
[1996 c 204 § 2.]
[Title 70 RCW—page 215]
70.94.650
70.94.650
Title 70 RCW: Public Health and Safety
70.94.650 Burning permits for weed abatement, fire
fighting instruction, or agriculture activities—Issuance—
Agricultural burning practices and research task force—
Exemption for aircraft crash fire rescue training activities. (1) Any person who proposes to set fires in the course
of:
(a) Weed abatement;
(b) Instruction in methods of fire fighting, except training to fight structural fires as provided in RCW 52.12.150 or
training to fight aircraft crash rescue fires as provided in subsection (5) of this section, and except forest fire training; or
(c) Agricultural activities,
shall obtain a permit from an air pollution control authority,
the department of ecology, or a local entity delegated permitting authority under RCW 70.94.654. General permit criteria
of statewide applicability shall be established by the department, by rule, after consultation with the various air pollution
control authorities. Permits shall be issued under this section
based on seasonal operations or by individual operations, or
both. All permits shall be conditioned to insure that the public
interest in air, water, and land pollution and safety to life and
property is fully considered. In addition to any other requirements established by the department to protect air quality
pursuant to other laws, applicants for permits must show that
the setting of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to successfully carry out the enterprise in which the applicant is
engaged, or both. All burning permits will be designed to
minimize air pollution insofar as practical. Nothing in this
section shall relieve the applicant from obtaining permits,
licenses, or other approvals required by any other law. An
application for a permit to set fires in the course of agricultural burning for controlling diseases, insects, weed abatement or development of physiological conditions conducive
to increased crop yield, shall be acted upon within seven days
from the date such application is filed. The department of
ecology and local air authorities shall provide convenient
methods for issuance and oversight of agricultural burning
permits. The department and local air authorities shall,
through agreement, work with counties and cities to provide
convenient methods for granting permission for agricultural
burning, including telephone, facsimile transmission, issuance from local city or county offices, or other methods. A
local air authority administering the permit program under
this subsection (1)(c) shall not limit the number of days of
allowable agricultural burning, but may consider the time of
year, meteorological conditions, and other criteria specified
in rules adopted by the department to implement this subsection (1)(c).
(2) Permit fees shall be assessed for burning under this
section and shall be collected by the department of ecology,
the appropriate local air authority, or a local entity delegated
permitting authority pursuant to RCW 70.94.654 at the time
the permit is issued. All fees collected shall be deposited in
the air pollution control account created in RCW 70.94.015,
except for that portion of the fee necessary to cover local
costs of administering a permit issued under this section. Fees
shall be set by rule by the permitting agency at the level determined by the task force created by subsection (4) of this section, but shall not exceed two dollars and fifty cents per acre
[Title 70 RCW—page 216]
to be burned. After fees are established by rule, any increases
in such fees shall be limited to annual inflation adjustments as
determined by the state office of the economic and revenue
forecast council.
(3) Conservation districts and the Washington State University agricultural extension program in conjunction with
the department shall develop public education material for
the agricultural community identifying the health and environmental effects of agricultural outdoor burning and providing technical assistance in alternatives to agricultural outdoor
burning.
(4) An agricultural burning practices and research task
force shall be established under the direction of the department. The task force shall be composed of a representative
from the department who shall serve as chair; one representative of eastern Washington local air authorities; three representatives of the agricultural community from different agricultural pursuits; one representative of the department of
agriculture; two representatives from universities or colleges
knowledgeable in agricultural issues; one representative of
the public health or medical community; and one representative of the conservation districts. The task force shall identify
best management practices for reducing air contaminant
emissions from agricultural activities and provide such information to the department and local air authorities. The task
force shall determine the level of fees to be assessed by the
permitting agency pursuant to subsection (2) of this section,
based upon the level necessary to cover the costs of administering and enforcing the permit programs, to provide funds
for research into alternative methods to reduce emissions
from such burning, and to the extent possible be consistent
with fees charged for such burning permits in neighboring
states. The fee level shall provide, to the extent possible, for
lesser fees for permittees who use best management practices
to minimize air contaminant emissions. The task force shall
identify research needs related to minimizing emissions from
agricultural burning and alternatives to such burning. Further,
the task force shall make recommendations to the department
on priorities for spending funds provided through this chapter
for research into alternative methods to reduce emissions
from agricultural burning.
(5) A permit is not required under this section, or under
RCW 70.94.743 through 70.94.780, from an air pollution
control authority, the department, or any local entity with delegated permit authority, for aircraft crash rescue fire training
activities meeting the following conditions:
(a) Fire fighters participating in the training fires must be
limited to those who provide fire fighting support to an airport that is either certified by the federal aviation administration or operated in support of military or governmental activities;
(b) The fire training may not be conducted during an air
pollution episode or any stage of impaired air quality
declared under RCW 70.94.715 for the area where training is
to be conducted;
(c) The number of training fires allowed per year without
a permit shall be the minimum number necessary to meet federal aviation administration or other federal safety requirements;
(2006 Ed.)
Washington Clean Air Act
(d) The facility shall use current technology and be operated in a manner that will minimize, to the extent possible,
the air contaminants generated during operation; and
(e) Prior to the commencement of the aircraft fire training, the organization conducting training shall notify both
the: (i) Local fire district or fire department; and (ii) air pollution control authority, department of ecology, or local
entity delegated permitting authority under RCW 70.94.654,
having jurisdiction within the area where training is to be
conducted.
Written approval from the department or a local air pollution control authority shall be obtained prior to the initial
operation of aircraft crash rescue fire training. Such approval
will be granted to fire training activities meeting the conditions in this subsection.
(6) Aircraft crash rescue fire training activities conducted in compliance with *this subsection are not subject to
the prohibition, in RCW 70.94.775(1), of outdoor fires containing petroleum products and are not considered outdoor
burning under RCW 70.94.743 through 70.94.780.
(7) To provide for fire fighting instruction in instances
not governed by subsection (6) of this section, or other
actions to protect public health and safety, the department or
a local air pollution control authority may issue permits that
allow limited burning of prohibited materials listed in RCW
70.94.775(1). [1998 c 43 § 1. Prior: 1995 c 362 § 1; 1995 c
58 § 1; 1994 c 28 § 2; 1993 c 353 § 1; 1991 c 199 § 408; 1971
ex.s. c 232 § 1.]
*Reviser’s note: The reference to "this subsection" appears to be erroneous, and should instead refer to subsection (5) of this section.
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.651
70.94.651 Burning permits for regeneration of rare
and endangered plants; Indian ceremonies. Nothing contained in this chapter shall prohibit fires necessary: (1) To
promote the regeneration of rare and endangered plants found
within natural area preserves as identified under chapter
79.70 RCW; and (2) for Indian ceremonies or for the sending
of smoke signals if part of a religious ritual. Permits issued
for burning under this section shall be drafted to minimize
emissions including denial of permission to burn during periods of adverse meteorological conditions. [1991 c 199 §
407.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.654
70.94.654 Delegation of permit issuance and enforcement to political subdivisions. Whenever an air pollution
control authority, or the department of ecology for areas outside the jurisdictional boundaries of an activated air pollution
control authority, shall find that any fire protection agency,
county, or conservation district is capable of effectively
administering the issuance and enforcement of permits for
any or all of the kinds of burning identified in RCW
70.94.650 and desirous of doing so, the authority or the
department of ecology, as appropriate, may delegate powers
necessary for the issuance or enforcement, or both, of permits
for any or all of the kinds of burning to the fire protection
agency, county, or conservation district. Such delegation may
be withdrawn by the authority or the department of ecology
upon finding that the fire protection agency, county, or con(2006 Ed.)
70.94.656
servation district is not effectively administering the permit
program. [1993 c 353 § 2; 1991 c 199 § 409; 1973 1st ex.s. c
193 § 6.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.656
70.94.656 Open burning of grasses grown for seed—
Alternatives—Studies—Deposit of permit fees in special
grass seed burning account—Procedures—Limitations—
Report. It is hereby declared to be the policy of this state that
strong efforts should be made to minimize adverse effects on
air quality from the open burning of field and turf grasses
grown for seed. To such end this section is intended to promote the development of economical and practical alternate
agricultural practices to such burning, and to provide for
interim regulation of such burning until practical alternates
are found.
(1) The department shall approve of a study or studies
for the exploration and identification of economical and practical alternate agricultural practices to the open burning of
field and turf grasses grown for seed. Any study conducted
pursuant to this section shall be conducted by Washington
State University. The university may not charge more than
eight percent for administrative overhead. Prior to the issuance of any permit for such burning under RCW 70.94.650,
there shall be collected a fee not to exceed one dollar per acre
of crop to be burned. Any such fees received by any authority
shall be transferred to the department of ecology. The department of ecology shall deposit all such acreage fees in a special grass seed burning research account, hereby created, in
the state treasury.
(2) The department shall allocate moneys annually from
this account for the support of any approved study or studies
as provided for in subsection (1) of this section. Whenever
the department of ecology shall conclude that sufficient reasonably available alternates to open burning have been developed, and at such time as all costs of any studies have been
paid, the grass seed burning research account shall be dissolved, and any money remaining therein shall revert to the
general fund. The fee collected under subsection (1) of this
section shall constitute the research portion of fees required
under RCW 70.94.650 for open burning of grass grown for
seed.
(3) Whenever on the basis of information available to it,
the department after public hearings have been conducted
wherein testimony will be received and considered from
interested parties wishing to testify shall conclude that any
procedure, program, technique, or device constitutes a practical alternate agricultural practice to the open burning of field
or turf grasses grown for seed, the department shall, by order,
certify approval of such alternate. Thereafter, in any case
which any such approved alternate is reasonably available,
the open burning of field and turf grasses grown for seed shall
be disallowed and no permit shall issue therefor.
(4) Until approved alternates become available, the
department or the authority may limit the number of acres on
a pro rata basis among those affected for which permits to
burn will be issued in order to effectively control emissions
from this source.
(5) Permits issued for burning of field and turf grasses
may be conditioned to minimize emissions insofar as practi[Title 70 RCW—page 217]
70.94.660
Title 70 RCW: Public Health and Safety
cal, including denial of permission to burn during periods of
adverse meteorological conditions.
(6) By November 1, 1996, and every two years thereafter
until grass seed burning is prohibited, Washington State University may prepare a brief report assessing the potential of
the university’s research to result in economical and practical
alternatives to grass seed burning. [1998 c 245 § 130; 1995 c
261 § 1; 1991 sp.s. c 13 § 28; 1991 c 199 § 413; 1990 c 113 §
1; 1985 c 57 § 69; 1973 1st ex.s. c 193 § 7.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Finding—1991 c 199: See note following RCW 70.94.011.
Effective date—1985 c 57: See note following RCW 18.04.105.
Grass burning research advisory committee: Chapter 43.21E RCW.
70.94.660
70.94.660 Burning permits for abating or prevention
of forest fire hazards, management of ecosystems,
instruction or silvicultural operations—Issuance. (1) The
department of natural resources shall have the responsibility
for issuing and regulating burning permits required by it
relating to the following activities for the protection of life or
property and/or for the public health, safety, and welfare:
(a) Abating a forest fire hazard;
(b) Prevention of a fire hazard;
(c) Instruction of public officials in methods of forest fire
fighting;
(d) Any silvicultural operation to improve the forest
lands of the state; and
(e) Silvicultural burning used to improve or maintain fire
dependent ecosystems for rare plants or animals within state,
federal, and private natural area preserves, natural resource
conservation areas, parks, and other wildlife areas.
(2) The department of natural resources shall not retain
such authority, but it shall be the responsibility of the appropriate fire protection agency for permitting and regulating
outdoor burning on lands where the department of natural
resources does not have fire protection responsibility.
(3) Permit fees shall be assessed for silvicultural burning
under the jurisdiction of the department of natural resources
and collected by the department of natural resources as provided for in this section. All fees shall be deposited in the air
pollution control account, created in RCW 70.94.015. The
legislature shall appropriate to the department of natural
resources funds from the air pollution control account to
enforce and administer the program under RCW 70.94.665
and 70.94.660, 70.94.670, and 70.94.690. Fees shall be set by
rule by the department of natural resources at the level necessary to cover the costs of the program after receiving recommendations on such fees from the public and the forest fire
advisory board established by RCW 76.04.145. [1991 c 199
§ 404; 1971 ex.s. c 232 § 2.]
Finding—1991 c 199: See note following RCW 70.94.011.
Burning permits, issuance, air pollution a factor: RCW 76.04.205.
Disposal of forest debris: RCW 76.04.650.
70.94.665
70.94.665 Silvicultural forest burning—Reduce
statewide emissions—Exemption—Monitoring program. (1) The department of natural resources shall administer a program to reduce statewide emissions from silvicul[Title 70 RCW—page 218]
tural forest burning so as to achieve the following minimum
objectives:
(a) Twenty percent reduction by December 31, 1994 providing a ceiling for emissions until December 31, 2000; and
(b) Fifty percent reduction by December 31, 2000 providing a ceiling for emissions thereafter.
Reductions shall be calculated from the average annual
emissions level from calendar years 1985 to 1989, using the
same methodology for both reduction and base year calculations.
(2) The department of natural resources, within twelve
months after May 15, 1991, shall develop a plan, based upon
the existing smoke management agreement to carry out the
programs as described in this section in the most efficient,
cost-effective manner possible. The plan shall be developed
in consultation with the department of ecology, public and
private landowners engaged in silvicultural forest burning,
and representatives of the public.
The plan shall recognize the variations in silvicultural
forest burning including, but not limited to, a landowner’s
responsibility to abate an extreme fire hazard under chapter
76.04 RCW and other objectives of burning, including abating and preventing a fire hazard, geographic region, climate,
elevation and slope, proximity to populated areas, and diversity of land ownership. The plan shall establish priorities that
the department of natural resources shall use to allocate
allowable emissions, including but not limited to, silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and
private natural area preserves, natural resource conservation
areas, parks, and other wildlife areas. The plan shall also recognize the real costs of the emissions program and recommend equitable fees to cover the costs of the program.
The emission reductions in this section are to apply to all
forest lands including those owned and managed by the
United States. If the United States does not participate in
implementing the plan, the departments of natural resources
and ecology shall use all appropriate and available methods
or enforcement powers to ensure participation.
The plan shall include a tracking system designed to
measure the degree of progress toward the emission reductions goals set in this section. The department of natural
resources shall report annually to the department of ecology
and the legislature on the status of the plan, emission reductions and progress toward meeting the objectives specified in
this section, and the goals of this chapter and chapter 76.04
RCW.
(3) If the December 31, 1994, emission reductions targets in this section are not met, the department of natural
resources, in consultation with the department of ecology,
shall use its authority granted in this chapter and chapter
76.04 RCW to immediately limit emissions from such burning to the 1994 target levels and limit silvicultural forest
burning in subsequent years to achieve equal annual incremental reductions so as to achieve the December 31, 2000,
target level. If, as a result of the program established in this
section, the emission reductions are met in 1994, but are not
met by December 31, 2000, the department of natural
resources in consultation with the department of ecology
shall immediately limit silvicultural forest burning to reduce
(2006 Ed.)
Washington Clean Air Act
emissions from such burning to the December 31, 2000, target level in all subsequent years.
(4) Emissions from silvicultural burning in eastern
Washington that is conducted for the purpose of restoring
forest health or preventing the additional deterioration of forest health are exempt from the reduction targets and calculations in this section if the following conditions are met:
(a) The landowner submits a written request to the
department identifying the location of the proposed burning
and the nature of the forest health problem to be corrected.
The request shall include a brief description of alternatives to
silvicultural burning and reasons why the landowner believes
the alternatives not to be appropriate.
(b) The department determines that the proposed silvicultural burning operation is being conducted to restore forest
health or prevent additional deterioration to forest health;
meets the requirements of the state smoke management plan
to protect public health, visibility, and the environment; and
will not be conducted during an air pollution episode or during periods of impaired air quality in the vicinity of the proposed burn.
(c) Upon approval of the request by the department and
before burning, the landowner is encouraged to notify the
public in the vicinity of the burn of the general location and
approximate time of ignition.
(5) The department of ecology may conduct a limited,
seasonal ambient air quality monitoring program to measure
the effects of forest health burning conducted under subsection (4) of this section. The monitoring program may be
developed in consultation with the department of natural
resources, private and public forest landowners, academic
experts in forest health issues, and the general public. [1995
c 143 § 1; 1991 c 199 § 403.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.670
70.94.670 Burning permits for abating or prevention
of forest fire hazards, management of ecosystems,
instruction or silvicultural operations—Conditions for
issuance and use of permits—Air quality standards to be
met—Alternate methods to lessen forest debris. The
department of natural resources in granting burning permits
for fires for the purposes set forth in RCW 70.94.660 shall
condition the issuance and use of such permits to comply
with air quality standards established by the department of
ecology after full consultation with the department of natural
resources. Such burning shall not cause the state air quality
standards to be exceeded in the ambient air up to two thousand feet above ground level over critical areas designated by
the department of ecology, otherwise subject to air pollution
from other sources. Air quality standards shall be established
and published by the department of ecology which shall also
establish a procedure for advising the department of natural
resources when and where air contaminant levels exceed or
threaten to exceed the ambient air standards over such critical
areas. The air quality shall be quantitatively measured by the
department of ecology or the appropriate local air pollution
control authority at established monitoring stations over such
designated areas. Further, such permitted burning shall not
cause damage to public health or the environment. All permits issued under this section shall be subject to all applicable
(2006 Ed.)
70.94.710
fees, permitting, penalty, and enforcement provisions of this
chapter. The department of natural resources shall set forth
smoke dispersal objectives designed consistent with this section to minimize any air pollution from such burning and the
procedures necessary to meet those objectives.
The department of natural resources shall encourage
more intense utilization in logging and alternative silviculture
practices to reduce the need for burning. The department of
natural resources shall, whenever practical, encourage landowners to develop and use alternative acceptable disposal
methods subject to the following priorities: (1) Slash production minimization, (2) slash utilization, (3) nonburning disposal, (4) silvicultural burning. Such alternative methods
shall be evaluated as to the relative impact on air, water, and
land pollution, public health, and their financial feasibility.
The department of natural resources shall not issue burning permits and shall revoke previously issued permits at any
time in any area where the department of ecology or local
board has declared a stage of impaired air quality as defined
in RCW 70.94.473. [1991 c 199 § 405; 1971 ex.s. c 232 § 3.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.690
70.94.690 Cooperation between department of natural resources and state, local, or regional air pollution
authorities—Withholding of permits. In the regulation of
outdoor burning not included in RCW 70.94.660 requiring
permits from the department of natural resources, said department and the state, local, or regional air pollution control
authorities will cooperate in regulating such burning so as to
minimize insofar as possible duplicate inspections and separate permits while still accomplishing the objectives and
responsibilities of the respective agencies. The department of
natural resources shall include any local authority’s burning
regulations with permits issued where applicable pursuant to
RCW *70.94.740 through 70.94.775. The department shall
develop agreements with all local authorities to coordinate
regulations.
Permits shall be withheld by the department of natural
resources when so requested by the department of ecology if
a forecast, alert, warning, or emergency condition exists as
defined in the episode criteria of the department of ecology.
[1991 c 199 § 406; 1971 ex.s. c 232 § 5.]
*Reviser’s note: RCW 70.94.740 was repealed by 1991 c 199 § 718.
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.700
70.94.700 Rules and regulations. The department of
natural resources and the department of ecology may adopt
rules and regulations necessary to implement their respective
responsibilities under the provisions of RCW 70.94.650
through 70.94.700. [1971 ex.s. c 232 § 6.]
70.94.710
70.94.710 Air pollution episodes—Legislative finding—Declaration of policy. The legislature finds that whenever meteorological conditions occur which reduce the effective volume of air into which air contaminants are introduced,
there is a high danger that normal operations at air contaminant sources in the area affected will be detrimental to public
health or safety. Whenever such conditions, herein denominated as air pollution episodes, are forecast, there is a need
[Title 70 RCW—page 219]
70.94.715
Title 70 RCW: Public Health and Safety
for rapid short-term emission reduction in order to avoid
adverse health or safety consequences.
Therefore, it is declared to be the policy of this state that
an episode avoidance plan should be developed and implemented for the temporary reduction of emissions during air
pollution episodes.
It is further declared that power should be vested in the
governor to issue emergency orders for the reduction or discontinuance of emissions when such emissions and weather
combine to create conditions imminently dangerous to public
health and safety. [1971 ex.s. c 194 § 1.]
70.94.715 Air pollution episodes—Episode avoidance
plan—Contents—Source emission reduction plans—
Authority—Considered orders. The department of ecology is hereby authorized to develop an episode avoidance
plan providing for the phased reduction of emissions wherever and whenever an air pollution episode is forecast. Such
an episode avoidance plan shall conform with any applicable
federal standards and shall be effective statewide. The episode avoidance plan may be implemented on an area basis in
accordance with the occurrence of air pollution episodes in
any given area.
The department of ecology may delegate authority to
adopt source emission reduction plans and authority to implement all stages of occurrence up to and including the warning
stage, and all intermediate stages up to the warning stage, in
any area of the state, to the air pollution control authority with
jurisdiction therein.
The episode avoidance plan, which shall be established
by regulation in accordance with chapter 34.05 RCW, shall
include, but not be limited to the following:
(1) The designation of episode criteria and stages, the
occurrence of which will require the carrying out of preplanned episode avoidance procedures. The stages of occurrence shall be (a) forecast, (b) alert, (c) warning, (d) emergency, and such intermediate stages as the department shall
designate. "Forecast" means the presence of meteorological
conditions that are conducive to accumulation of air contaminants and is the first stage of an episode. The department
shall not call a forecast episode prior to the department or an
authority calling a first stage impaired air quality condition as
provided by RCW 70.94.473(1)(b) or calling a single-stage
impaired air quality condition as provided by *RCW
70.94.473(2). "Alert" means concentration of air contaminants at levels at which short-term health effects may occur,
and is the second stage of an episode. "Warning" means concentrations are continuing to degrade, contaminant concentrations have reached a level which, if maintained, can result
in damage to health, and additional control actions are needed
and is the third level of an episode. "Emergency" means the
air quality is posing an imminent and substantial endangerment to public health and is the fourth level of an episode;
(2) The requirement that persons responsible for the
operation of air contaminant sources prepare and obtain
approval from the director of source emission reduction
plans, consistent with good operating practice and safe operating procedures, for reducing emissions during designated
episode stages;
(3) Provision for the director of the department of ecology or his authorized representative, or the air pollution con70.94.715
[Title 70 RCW—page 220]
trol officer if implementation has been delegated, on the satisfaction of applicable criteria, to declare and terminate the
forecast, alert, warning and all intermediate stages, up to the
warning episode stage, such declarations constituting orders
for action in accordance with applicable source emission
reduction plans;
(4) Provision for the governor to declare and terminate
the emergency stage and all intermediate stages above the
warning episode stage, such declarations constituting orders
in accordance with applicable source emission reduction
plans;
(5) Provisions for enforcement by state and local police,
personnel of the departments of ecology and social and health
services, and personnel of local air pollution control agencies; and
(6) Provisions for reduction or discontinuance of emissions immediately, consistent with good operating practice
and safe operating procedures, under an air pollution emergency as provided in RCW 70.94.720.
Source emission reduction plans shall be considered
orders of the department and shall be subject to appeal to the
pollution control hearings board according to the procedure
in chapter 43.21B RCW. [1990 c 128 § 4; 1971 ex.s. c 194 §
2.]
*Reviser’s note: RCW 70.94.473 was amended by 1995 c 205 § 1,
which deleted subsection (2).
70.94.720 Air pollution episodes—Declaration of air
pollution emergency by governor. Whenever the governor
finds that emissions from the operation of one or more air
contaminant sources is causing imminent danger to public
health or safety, he may declare an air pollution emergency
and may order the person or persons responsible for the operation of such air contaminant source or sources to reduce or
discontinue emissions consistent with good operating practice, safe operating procedures and source emission reduction
plans, if any, adopted by the department of ecology or any
local air pollution control authority to which the department
of ecology has delegated authority to adopt emission reduction plans. Orders authorized by this section shall be in writing and may be issued without prior notice or hearing. In the
absence of the governor, any findings, declarations and
orders authorized by this section may be made and issued by
his authorized representative. [1971 ex.s. c 194 § 3.]
70.94.720
70.94.725 Air pollution episodes—Restraining
orders, temporary injunctions to enforce orders—Procedure. Whenever any order has been issued pursuant to RCW
70.94.710 through 70.94.730, the attorney general, upon
request from the governor, the director of the department of
ecology, an authorized representative of either, or the attorney for a local air pollution control authority upon request of
the control officer, shall petition the superior court of the
county in which is located the air contaminant source for
which such order was issued for a temporary restraining order
requiring the immediate reduction or discontinuance of emissions from such source.
Upon request of the party to whom a temporary restraining order is directed, the court shall schedule a hearing
thereon at its earliest convenience, at which time the court
may withdraw the restraining order or grant such temporary
70.94.725
(2006 Ed.)
Washington Clean Air Act
injunction as is reasonably necessary to prevent injury to the
public health or safety. [1971 ex.s. c 194 § 4.]
70.94.730
70.94.730 Air pollution episodes—Orders to be effective immediately. Orders issued to declare any stage of an
air pollution episode avoidance plan under RCW 70.94.715,
and to declare an air pollution emergency, under RCW
70.94.720, and orders to persons responsible for the operation
of an air contaminant source to reduce or discontinue emissions, according to RCW 70.94.715 and 70.94.720 shall be
effective immediately and shall not be stayed pending completion of review. [1971 ex.s. c 194 § 5.]
70.94.743
70.94.743 Outdoor burning—Areas where prohibited—Exceptions—Use for management of storm or
flood-related debris—Silvicultural burning. (1) Consistent with the policy of the state to reduce outdoor burning to
the greatest extent practical:
(a) Outdoor burning shall not be allowed in any area of
the state where federal or state ambient air quality standards
are exceeded for pollutants emitted by outdoor burning.
(b) Outdoor burning shall not be allowed in any urban
growth area as defined by RCW 36.70A.030, or any city of
the state having a population greater than ten thousand people
if such cities are threatened to exceed state or federal air quality standards, and alternative disposal practices consistent
with good solid waste management are reasonably available
or practices eliminating production of organic refuse are reasonably available. In no event shall such burning be allowed
after December 31, 2000, except that within the urban growth
areas for cities having a population of less than five thousand
people, that are neither within nor contiguous with any nonattainment or maintenance area designated under the federal
clean air act, in no event shall such burning be allowed after
December 31, 2006.
(c) Notwithstanding any other provision of this section,
outdoor burning may be allowed for the exclusive purpose of
managing storm or flood-related debris. The decision to
allow burning shall be made by the entity with permitting
jurisdiction as determined under RCW 70.94.660 or
70.94.755. If outdoor burning is allowed in areas subject to
(a) or (b) of this subsection, a permit shall be required, and a
fee may be collected to cover the expenses of administering
and enforcing the permit. All conditions and restrictions pursuant to RCW 70.94.750(1) and 70.94.775 apply to outdoor
burning allowed under this section.
(d)(i) Outdoor burning that is normal, necessary, and
customary to ongoing agricultural activities, that is consistent
with agricultural burning authorized under RCW 70.94.650
and 70.94.656, is allowed within the urban growth area as
defined in (b) of this subsection if the burning is not conducted during air quality episodes, or where a determination
of impaired air quality has been made as provided in RCW
70.94.473, and the agricultural activities preceded the designation as an urban growth area.
(ii) Outdoor burning of cultivated orchard trees, whether
or not agricultural crops will be replanted on the land, shall be
allowed as an ongoing agricultural activity under this section
if a local horticultural pest and disease board formed under
chapter 15.09 RCW, an extension office agent with Washing(2006 Ed.)
70.94.745
ton State University that has horticultural experience, or an
entomologist employed by the department of agriculture, has
determined in writing that burning is an appropriate method
to prevent or control the spread of horticultural pests or diseases.
(2) "Outdoor burning" means the combustion of material
of any type in an open fire or in an outdoor container without
providing for the control of combustion or the control of
emissions from the combustion.
(3) This section shall not apply to silvicultural burning
used to improve or maintain fire dependent ecosystems for
rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks,
and other wildlife areas. [2004 c 213 § 1; 2001 1st sp.s. c 12
§ 1; 1998 c 68 § 1; 1997 c 225 § 1; 1991 c 199 § 402.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.745
70.94.745 Limited outdoor burning—Program—
Exceptions. (1) It shall be the responsibility and duty of the
department of natural resources, department of ecology,
department of agriculture, fire districts, and local air pollution control authorities to establish, through regulations, ordinances, or policy, a limited burning permit program.
(2) The permit program shall apply to residential and
land clearing burning in the following areas:
(a) In the nonurban areas of any county with an unincorporated population of greater than fifty thousand; and
(b) In any city and urban growth area that is not otherwise prohibited from burning pursuant to RCW 70.94.743.
(3) The permit program shall apply only to land clearing
burning in the nonurban areas of any county with an unincorporated population of less than fifty thousand.
(4) The permit program may be limited to a general permit by rule, or by verbal, written, or electronic approval by
the permitting entity.
(5) Notwithstanding any other provision of this section,
neither a permit nor the payment of a fee shall be required for
outdoor burning for the purpose of disposal of tumbleweeds
blown by wind. Such burning shall not be conducted during
an air pollution episode or any stage of impaired air quality
declared under *RCW 70.94.714. This subsection (5) shall
only apply within counties with a population less than two
hundred fifty thousand.
(6) Burning shall be prohibited in an area when an alternate technology or method of disposing of the organic refuse
is available, reasonably economical, and less harmful to the
environment. It is the policy of this state to foster and encourage development of alternate methods or technology for disposing of or reducing the amount of organic refuse.
(7) Incidental agricultural burning must be allowed without applying for any permit and without the payment of any
fee if:
(a) The burning is incidental to commercial agricultural
activities;
(b) The operator notifies the local fire department within
the area where the burning is to be conducted;
(c) The burning does not occur during an air pollution
episode or any stage of impaired air quality declared under
RCW 70.94.715; and
(d) Only the following items are burned:
[Title 70 RCW—page 221]
70.94.750
Title 70 RCW: Public Health and Safety
(i) Orchard prunings;
(ii) Organic debris along fence lines or irrigation or
drainage ditches; or
(iii) Organic debris blown by wind.
(8) As used in this section, "nonurban areas" are unincorporated areas within a county that is not designated as an
urban growth area under chapter 36.70A RCW.
(9) Nothing in this section shall require fire districts to
enforce air quality requirements related to outdoor burning,
unless the fire district enters into an agreement with the
department of ecology, department of natural resources, a
local air pollution control authority, or other appropriate
entity to provide such enforcement. [1995 c 206 § 1; 1991 c
199 § 401; 1972 ex.s. c 136 § 2.]
*Reviser’s note: The reference to RCW 70.94.714 appears erroneous.
Reference to RCW 70.94.715 was apparently intended.
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.750
70.94.750 Limited outdoor burning—Permits issued
by political subdivisions—Types of fires permitted. The
following outdoor fires described in this section may be
burned subject to the provisions of this chapter and also subject to city ordinances, county resolutions, rules of fire districts and laws, and rules enforced by the department of natural resources if a permit has been issued by a fire protection
agency, county, or conservation district:
(1) Fires consisting of leaves, clippings, prunings and
other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling
and burned on such lands by the property owner or his or her
designee.
(2) Fires consisting of residue of a natural character such
as trees, stumps, shrubbery or other natural vegetation arising
from land clearing projects or agricultural pursuits for pest or
disease control; provided the fires described in this subsection may be prohibited in those areas having a general population density of one thousand or more persons per square
mile. [1991 c 199 § 412; 1972 ex.s. c 136 § 3.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.755
70.94.755 Limited outdoor burning—Establishment
of program. Each activated air pollution control authority,
and the department of ecology in those areas outside the jurisdictional boundaries of an activated air pollution control
authority, shall establish, through regulations, ordinances, or
policy, a program implementing the limited burning policy
authorized by RCW 70.94.743 through 70.94.765. [1997 c
225 § 2; 1972 ex.s. c 136 § 4.]
70.94.760
70.94.760 Limited outdoor burning—Construction.
Nothing contained in RCW *70.94.740 through 70.94.765 is
intended to alter or change the provisions of RCW 70.94.660,
70.94.710 through 70.94.730, and 76.04.205. [1986 c 100 §
55; 1972 ex.s. c 136 § 5.]
*Reviser’s note: RCW 70.94.740 was repealed by 1991 c 199 § 718.
70.94.765
70.94.765 Limited outdoor burning—Authority of
local air pollution control authority or department of
ecology to allow outdoor fires not restricted. Nothing in
RCW *70.94.740 through 70.94.765 shall be construed as
[Title 70 RCW—page 222]
prohibiting a local air pollution control authority or the
department of ecology in those areas outside the jurisdictional boundaries of an activated pollution control authority
from allowing the burning of outdoor fires. [1972 ex.s. c 136
§ 6.]
*Reviser’s note: RCW 70.94.740 was repealed by 1991 c 199 § 718.
70.94.775
70.94.775 Outdoor burning—Fires prohibited—
Exceptions. Except as provided in RCW 70.94.650(5), no
person shall cause or allow any outdoor fire:
(1) Containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, or any substance other than natural vegetation that normally emits
dense smoke or obnoxious odors. Agricultural heating
devices that otherwise meet the requirements of this chapter
shall not be considered outdoor fires under this section;
(2) During a forecast, alert, warning or emergency condition as defined in RCW 70.94.715 or impaired air quality
condition as defined in RCW 70.94.473. [1995 c 362 § 2;
1991 c 199 § 410; 1974 ex.s. c 164 § 1; 1973 2nd ex.s. c 11 §
1; 1973 1st ex.s. c 193 § 9.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.780
70.94.780 Outdoor burning—Permits issued by
political subdivisions. In addition to any other powers
granted to them by law, the fire protection agency, county, or
conservation district issuing burning permits shall regulate or
prohibit outdoor burning as necessary to prevent or abate the
nuisances caused by such burning. No fire protection agency,
county, or conservation district may issue a burning permit in
an area where the department or local board has declared any
stage of impaired air quality per RCW 70.94.473 or any stage
of an air pollution episode. All burning permits issued shall
be subject to all applicable fee, permitting, penalty, and
enforcement provisions of this chapter. The permitted burning shall not cause damage to public health or the environment.
Any entity issuing a permit under this section may
charge a fee at the level necessary to recover the costs of
administering and enforcing the permit program. [1991 c 199
§ 411; 1973 1st ex.s. c 193 § 10.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.785
70.94.785 Plans approved pursuant to federal clean
air act—Enforcement authority. Notwithstanding any provision of the law to the contrary, except RCW 70.94.660
through 70.94.690, the department of ecology, upon its
approval of any plan (or part thereof) required or permitted
under the federal clean air act, shall have the authority to
enforce all regulatory provisions within such plan (or part
thereof): PROVIDED, That departmental enforcement of
any such provision which is within the power of an activated
authority to enforce shall be initiated only, when with respect
to any source, the authority is not enforcing the provisions
and then only after written notice is given the authority.
[1973 1st ex.s. c 193 § 11.]
70.94.800
70.94.800 Legislative declaration—Intent. The legislature recognizes that:
(2006 Ed.)
Washington Clean Air Act
(1) Acid deposition resulting from commercial, industrial or other emissions of sulphur dioxide and nitrogen
oxides pose a threat to the delicate balance of the state’s ecological systems, particularly in alpine lakes that are known to
be highly sensitive to acidification;
(2) Failure to act promptly and decisively to mitigate or
eliminate this danger may soon result in untold and irreparable damage to the fish, forest, wildlife, agricultural, water,
and recreational resources of this state;
(3) There is a direct correlation between emissions of
sulphur dioxides and nitrogen oxides and increases in acid
deposition;
(4) Acidification is cumulative; and
(5) Once an environment is acidified, it is difficult, if not
impossible, to restore the natural balance.
It is therefore the intent of the legislature to provide for
early detection of acidification and the resulting environmental degradation through continued monitoring of acid deposition levels and trends, and major source changes, so that the
legislature can take any necessary action to prevent environmental degradation resulting from acid deposition. [1985 c
456 § 1; 1984 c 277 § 1.]
70.94.805
70.94.805 Definitions. As used in RCW 70.94.800
through *70.94.825, the following terms have the following
meanings.
(1) "Acid deposition" means wet or dry deposition from
the atmosphere of chemical compounds with a pH of less
than 5.6.
(2) "Critical level of acid deposition and lake, stream,
and soil acidification" means the level at which irreparable
damage may occur unless corrective action is taken. [1985 c
456 § 2; 1984 c 277 § 2.]
*Reviser’s note: RCW 70.94.810, 70.94.815, and 70.94.825 were
repealed by 1991 c 199 § 718.
70.94.820
70.94.820 Monitoring by department of ecology. The
department of ecology shall maintain a program of periodic
monitoring of acid rain deposition and lake, stream, and soil
acidification to ensure early detection of acidification and
environmental degradation. [1987 c 505 § 61; 1985 c 456 §
5; 1984 c 277 § 6.]
70.94.850
70.94.850 Emission credits banking program—
Amount of credit. The department of ecology and the local
boards may implement an emission credits banking program.
For the purposes of this section, an emission credits banking
program means a program whereby an air contaminant
source which reduces emissions of a given air contaminant
by an amount greater than that required by applicable law,
regulation, or order is granted credit for a given amount,
which credit shall be administered by a credit bank operated
by the appropriate agency. The amount of the credit shall be
determined by the department or local board with jurisdiction, but it shall be less than the amount of the emissions
reduction. The credit may be used, traded, sold, or otherwise
expended for purposes established by regulation of state or
local agencies consistent with the provisions of the prevention of significant deterioration program under RCW
70.94.860, the bubble program under RCW 70.94.155, and
(2006 Ed.)
70.94.892
the new source review program under RCW 70.94.152, if
there will be no net adverse impact on air quality. [1984 c
164 § 1.]
70.94.860
70.94.860 Department of ecology may accept delegation of programs. The department of ecology may accept
delegation of programs as provided for in the federal clean air
act. Subject to federal approval, the department may, in turn,
delegate such programs to the local authority with jurisdiction in a given area. [1991 c 199 § 312; 1984 c 164 § 2.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.875
70.94.875 Evaluation of information on acid deposition in Pacific Northwest—Establishment of critical levels—Notification of legislature. The department of ecology, in consultation with the appropriate committees of the
house of representatives and of the senate, shall:
(1) Continue evaluation of information and research on
acid deposition in the Pacific Northwest region;
(2) Establish critical levels of acid deposition and lake,
stream, and soil acidification; and
(3) Notify the legislature if acid deposition or lake,
stream, and soil acidification reaches the levels established
under subsection (2) of this section. [1991 c 199 § 313; 1985
c 456 § 3.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.880
70.94.880 Establishment of critical deposition and
acidification levels—Considerations. In establishing critical levels of acid deposition and lake, stream, and soil acidification, the department of ecology shall consider:
(1) Current acid deposition and lake, stream, and soil
acidification levels;
(2) Changes in acid deposition and lake, stream, and soil
acidification levels;
(3) Effects of acid deposition and lake, stream, and soil
acidification on the environment; and
(4) The need to prevent environmental degradation.
[1985 c 456 § 4.]
70.94.892
70.94.892 Carbon dioxide mitigation—Fees. (1) For
fossil-fueled electric generation facilities having more than
twenty-five thousand kilowatts station generating capability
but less than three hundred fifty thousand kilowatts station
generation capability, except for fossil-fueled floating thermal electric generation facilities under the jurisdiction of the
energy facility site evaluation council pursuant to RCW
80.50.010, the department or authority shall implement a carbon dioxide mitigation program consistent with the requirements of chapter 80.70 RCW.
(2) For mitigation projects conducted directly by or
under the control of the applicant, the department or local air
authority shall approve or deny the mitigation plans, as part
of its action to approve or deny an application submitted
under RCW 70.94.152 based upon whether or not the mitigation plan is consistent with the requirements of chapter 80.70
RCW.
(3) The department or authority may determine, assess,
and collect fees sufficient to cover the costs to review and
approve or deny the carbon dioxide mitigation plan compo[Title 70 RCW—page 223]
70.94.901
Title 70 RCW: Public Health and Safety
nents of an order of approval issued under RCW 70.94.152.
The department or authority may also collect fees sufficient
to cover its additional costs to monitor conformance with the
carbon dioxide mitigation plan components of the registration and air operating permit programs authorized in RCW
70.94.151 and 70.94.161. The department or authority shall
track its costs related to review, approval, and monitoring
conformance with carbon dioxide mitigation plans. [2004 c
224 § 8.]
70.94.911 Severability—1967 c 238. If any phrase,
clause, subsection or section of this 1967 amendatory act
shall be declared unconstitutional or invalid by any court of
competent jurisdiction, it shall be conclusively presumed that
the legislature would have enacted this act without the
phrase, clause, subsection or section so held unconstitutional
or invalid and the remainder of the act shall not be affected as
a result of said part being held unconstitutional or invalid.
[1967 c 238 § 64.]
70.94.911
70.94.950
70.94.901
70.94.901 Construction—1967 c 238. This 1967
amendatory act shall not be construed to create in any way
nor to enlarge, diminish or otherwise affect in any way any
private rights in any civil action for damages. Any determination that there has been a violation of the provisions of this
1967 amendatory act or of any ordinance, rule, regulation or
order issued pursuant thereto, shall not create by reason
thereof any presumption or finding of fact or of law for use in
any lawsuit brought by a private citizen. [1967 c 238 § 65.]
70.94.902
70.94.902 Construction, repeal of RCW 70.94.061
through 70.94.066—Saving. The following acts or parts of
acts are each repealed:
(1) Section 7, chapter 238, Laws of 1967, and RCW
70.94.061;
(2) Section 8, chapter 238, Laws of 1967, and RCW
70.94.062;
(3) Section 9, chapter 238, Laws of 1967, and RCW
70.94.064; and
(4) Section 10, chapter 238, Laws of 1967, and RCW
70.94.066.
Such repeals shall not be construed as affecting any
authority in existence on April 24, 1969, nor as affecting any
action, activities or proceedings initiated by such authority
prior hereto, nor as affecting any civil or criminal proceedings instituted by such authority, nor any rule, regulation, resolution, ordinance, or order promulgated by such authority,
nor any administrative action taken by such authority, nor the
term of office, or appointment or employment of any person
appointed or employed by such authority. [1969 ex.s. c 168
§ 46.]
70.94.904
70.94.904 Effective dates—1991 c 199. Sections 602
and 603 of this act shall take effect July 1, 1992. Sections 202
through 209 of this act shall take effect January 1, 1993. Sections 210 and 505 of this act shall take effect January 1, 1992.
The remainder of this act is necessary for the immediate
preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions,
and shall take effect immediately. [1991 c 199 § 717.]
70.94.905
70.94.905 Severability—1991 c 199. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 199 § 719.]
70.94.906
70.94.906 Captions not law. Captions and headings as
used in this act constitute no part of the law. [1991 c 199 §
720.]
[Title 70 RCW—page 224]
70.94.950 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
70.94.960
70.94.960 Clean fuel matching grants for public transit, vehicle mechanics, and refueling infrastructure. The
department may disburse matching grants from funds provided by the legislature from the air pollution control
account, created in RCW 70.94.015, to units of local government to partially offset the additional cost of purchasing
"clean fuel" and/or operating "clean-fuel vehicles" provided
that such vehicles are used for public transit. Publicly owned
school buses are considered public transit for the purposes of
this section. The department may also disburse grants to
vocational-technical institutes for the purpose of establishing
programs to certify clean-fuel vehicle mechanics. The department may also distribute grants to Washington State University for the purpose of furthering the establishment of clean
fuel refueling infrastructure. [1996 c 186 § 517; 1991 c 199
§ 218.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Finding—1991 c 199: See note following RCW 70.94.011.
Clean fuel: RCW 70.120.210.
Refueling: RCW 80.28.280.
State vehicles: RCW 43.19.637.
70.94.970 Chlorofluorocarbons—Ozone—Refrigerants regulated. (1) Regulated refrigerant means a class I or
class II substance as listed in Title VI of section 602 of the
federal clean air act amendments of November 15, 1990.
(2) A person who services or repairs or disposes of a
motor vehicle air conditioning system; commercial or industrial air conditioning, heating, or refrigeration system; or consumer appliance shall use refrigerant extraction equipment to
recover regulated refrigerant that would otherwise be
released into the atmosphere. This subsection does not apply
to off-road commercial equipment.
(3) Upon request, the department shall provide information and assistance to persons interested in collecting, transporting, or recycling regulated refrigerants.
(4) The willful release of regulated refrigerant from a
source listed in subsection (2) of this section is prohibited.
[1991 c 199 § 602.]
70.94.970
Finding—1991 c 199: "The legislature finds that:
(1) The release of chlorofluorocarbons and other ozone-depleting
chemicals into the atmosphere contributes to the destruction of stratospheric
ozone and threatens plant and animal life with harmful overexposure to ultraviolet radiation;
(2) The technology and equipment to extract and recover chlorofluorocarbons and other ozone-depleting chemicals from air conditioners, refrigerators, and other appliances are available;
(2006 Ed.)
Solid Waste Management—Reduction and Recycling
(3) A number of nonessential consumer products contain ozone-depleting chemicals; and
(4) Unnecessary releases of chlorofluorocarbons and other ozonedepleting chemicals from these sources should be eliminated." [1991 c 199
§ 601.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.980
70.94.980 Refrigerants—Unlawful acts. No person
may sell, offer for sale, or purchase any of the following:
(1) A regulated refrigerant in a container designed for
consumer recharge of a motor vehicle air conditioning system or consumer appliance during repair or service. This subsection does not apply to a regulated refrigerant purchased for
the recharge of the air conditioning system of off-road commercial or agricultural equipment and sold or offered for sale
at an establishment which specializes in the sale of off-road
commercial or agricultural equipment or parts or service for
such equipment;
(2) Nonessential consumer products that contain chlorofluorocarbons or other ozone-depleting chemicals, and for
which substitutes are readily available. Products affected
under this subsection shall include, but are not limited to,
party streamers, tire inflators, air horns, noise makers, and
chlorofluorocarbon-containing cleaning sprays designed for
noncommercial or nonindustrial cleaning of electronic or
photographic equipment. [1991 c 199 § 603.]
Chapter 70.95
under this section in excess of one hundred thousand dollars
in any fiscal year.
(4) The total of grants provided under this section may
not exceed seven hundred fifty thousand dollars in any fiscal
year. However, this subsection does not apply during the
2003-2005 fiscal biennium.
(5) The department of transportation shall report to the
department of revenue by the 15th day of each month the
aggregate monetary amount of grants provided under this
section in the prior month and the identity of the recipients of
those grants.
(6) The source of funds for this grant program is the multimodal transportation account.
(7) This section expires January 1, 2014. [2004 c 229 §
501; 2003 c 364 § 9.]
*Reviser’s note: The "commute trip reduction task force" was renamed
the "commute trip reduction board" by 2006 c 329 § 7.
Severability—2004 c 229: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2004 c 229 § 507.]
Effective date—2004 c 229: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 31, 2004]." [2004 c 229 § 508.]
Effective date—Contingency—Captions not law—2003 c 364: See
notes following RCW 82.70.020.
Finding—1991 c 199: See note following RCW 70.94.011.
Chapter 70.95 RCW
SOLID WASTE MANAGEMENT—REDUCTION
AND RECYCLING
Chapter 70.95
70.94.990
70.94.990 Refrigerants—Rules—Enforcement provisions, limitations. The department shall adopt rules to
implement RCW 70.94.970 and 70.94.980. Rules shall
include but not be limited to minimum performance specifications for refrigerant extraction equipment, as well as procedures for enforcing RCW 70.94.970 and 70.94.980.
Enforcement provisions adopted by the department shall
not include penalties or fines in areas where equipment to
collect or recycle regulated refrigerants is not readily available. [1991 c 199 § 604.]
Finding—1991 c 199: See note following RCW 70.94.011.
70.94.996
70.94.996 Grant program for ride sharing. (Expires
January 1, 2014.) (1) To the extent that funds are appropriated, the department of transportation shall administer a performance-based grant program for private employers, public
agencies, nonprofit organizations, developers, and property
managers who provide financial incentives for ride sharing in
vehicles carrying two or more persons, for using public transportation, for using car sharing, or for using nonmotorized
commuting, including telework, before July 1, 2013, to their
own or other employees.
(2) The amount of the grant will be determined based on
the value to the transportation system of the vehicle trips
reduced. The *commute trip reduction task force shall
develop an award rate giving priority to applications achieving the greatest reduction in trips and commute miles per
public dollar requested and considering the following criteria: The local cost of providing new highway capacity, congestion levels, and geographic distribution.
(3) No private employer, public agency, nonprofit organization, developer, or property manager is eligible for grants
(2006 Ed.)
Sections
70.95.010
70.95.020
70.95.030
70.95.040
70.95.050
70.95.055
70.95.060
70.95.065
70.95.070
70.95.075
70.95.080
70.95.090
70.95.092
70.95.094
70.95.096
70.95.100
70.95.110
70.95.130
70.95.140
70.95.150
70.95.160
70.95.163
70.95.165
Legislative finding—Priorities—Goals.
Purpose.
Definitions.
Solid waste advisory committee—Members—Meetings—
Travel expenses—"Governor’s award of excellence."
Solid waste advisory committee—Staff services and facilities.
Environmental excellence program agreements—Effect on
chapter.
Standards for solid waste handling—Areas—Landfill location.
Inert waste landfills.
Review of standards prior to adoption—Revisions, additions
and modifications—Factors.
Implementation of standards—Assessment—Analyses—Proposals.
County comprehensive solid waste management plan—Joint
plans—Duties of cities.
County and city comprehensive solid waste management
plans—Contents.
County and city comprehensive solid waste management
plans—Levels of service, reduction and recycling.
County and city comprehensive solid waste management
plans—Review and approval process.
Utilities and transportation commission to review local plan’s
assessment of cost impacts on rates.
Technical assistance for plan preparation—Guidelines—Informational materials and programs.
Maintenance of plans—Review, revisions—Implementation
of source separation programs.
Financial aid to counties and cities.
Matching requirements.
Contracts with counties to assure proper expenditures.
Local board of health regulations to implement the comprehensive plan—Section not to be construed to authorize counties to operate system.
Local health departments may contract with the department of
ecology.
Solid waste disposal facility siting—Site review—Local solid
waste advisory committees—Membership.
[Title 70 RCW—page 225]
70.95.010
70.95.167
70.95.170
70.95.180
70.95.185
70.95.190
70.95.200
70.95.205
70.95.210
70.95.212
70.95.215
70.95.217
70.95.218
70.95.220
70.95.230
70.95.235
70.95.240
70.95.250
70.95.255
70.95.260
70.95.263
70.95.265
70.95.267
70.95.268
70.95.270
70.95.280
70.95.285
70.95.290
70.95.295
70.95.300
70.95.305
70.95.306
70.95.310
70.95.315
70.95.320
70.95.400
70.95.410
70.95.420
70.95.430
70.95.440
70.95.500
70.95.510
70.95.515
70.95.521
70.95.530
70.95.535
70.95.540
70.95.545
70.95.550
70.95.555
70.95.560
70.95.565
70.95.570
Title 70 RCW: Public Health and Safety
Private businesses involvement in source separated materials—Local solid waste advisory committee to examine.
Permit for solid waste handling facility—Required.
Permit for solid waste handling facility—Applications, fee.
Permit for solid waste disposal site or facilities—Review by
department—Appeal of issuance—Validity of permits
issued after June 7, 1984.
Permit for solid waste handling facility—Renewal—Appeal—
Validity of renewal—Review fees.
Permit for solid waste disposal site or facilities—Suspension.
Exemption from solid waste permit requirements—Wastederived soil amendments—Application—Revocation of
exemption—Appeal.
Hearing—Appeal—Denial, suspension—When effective.
Solid waste collection companies—Notice of changes in tipping fees and disposal rate schedules.
Landfill disposal facilities—Reserve accounts required by
July 1, 1987—Exception—Rules.
Waste generated outside the state—Findings.
Waste generated outside the state—Solid waste disposal site
facility reporting requirements—Fees.
Financial aid to jurisdictional health departments—Applications—Allocations.
Financial aid to jurisdictional health departments—Matching
funds requirements.
Diversion of recyclable material—Penalty.
Unlawful to dump or deposit solid waste without permit—
Penalties—Litter cleanup restitution payment.
Name appearing on waste material—Presumption.
Disposal of sewage sludge or septic tank sludge prohibited—
Exemptions—Uses of sludge material permitted.
Duties of department—State solid waste management plan—
Assistance—Coordination—Tire recycling.
Additional powers and duties of department.
Department to cooperate with public and private departments,
agencies and associations.
Department authorized to disburse referendum 26 (chapter
43.83A RCW) fund for local government solid waste
projects.
Department authorized to disburse funds under chapter 43.99F
RCW for local government solid waste projects.
Hazardous substance remedial actions—Procedural requirements not applicable.
Determination of best solid waste management practices—
Department to develop method to monitor waste stream—
Collectors to report quantity and quality of waste—Confidentiality of proprietary information.
Solid waste stream analysis.
Solid waste stream evaluation.
Analysis and evaluation to be incorporated in state solid waste
management plan.
Solid waste—Beneficial uses—Permitting requirement
exemptions.
Solid waste handling permit—Exemption from requirements—Application of section—Rules.
Composting of bovine and equine carcasses—Guidelines—
Exemption from solid waste handling rules.
Rules—Department "deferring" to other permits—Application
of section.
Penalty.
Construction.
Transporters—Definition—Registration required—Penalties.
Transporters—Delivery of recyclable materials to transfer station or landfill prohibited—Records—Penalty.
Damages.
Solid waste recyclers—Notice—Report—Penalty.
Financial assurance requirements.
Disposal of vehicle tires outside designated area prohibited—
Penalty—Exemption.
Fee on the retail sale of new replacement vehicle tires.
Fee on the retail sale of new replacement vehicle tires—Failure to collect, pay to department—Penalties.
Waste tire removal account.
Waste tire removal account—Use.
Disposition of fee.
Cooperation with department to aid tire recycling.
Tire recycling—Report.
Waste tires—Definitions.
Waste tires—License for transport or storage business—
Requirements.
Waste tires—Violation of RCW 70.95.555—Penalty.
Waste tires—Contracts with unlicensed persons prohibited.
Limitations on liability.
[Title 70 RCW—page 226]
70.95.600
70.95.610
70.95.620
70.95.630
70.95.640
70.95.650
70.95.660
70.95.670
70.95.700
70.95.710
70.95.715
70.95.720
70.95.810
70.95.900
70.95.901
70.95.902
70.95.903
70.95.910
70.95.911
Educational material promoting household waste reduction
and recycling.
Battery disposal—Restrictions—Violators subject to fine—
"Vehicle battery" defined.
Identification procedure for persons accepting used vehicle
batteries.
Requirements for accepting used batteries by retailers of vehicle batteries—Notice.
Retail core charge.
Vehicle battery wholesalers—Obligations regarding used batteries—Noncompliance procedure.
Department to distribute printed notice—Issuance of warnings
and citations—Fines.
Rules.
Solid waste incineration or energy recovery facility—Environmental impact statement requirements.
Incineration of medical waste.
Sharps waste—Drop-off sites—Pharmacy return program.
Closure of energy recovery and incineration facilities—
Recordkeeping requirements.
Composting food and yard wastes—Grants and study.
Authority and responsibility of utilities and transportation
commission not changed.
Severability—1989 c 431.
Section captions not law—1989 c 431.
Application of chapter—Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation.
Severability—1969 ex.s. c 134.
Severability—1975-’76 2nd ex.s. c 41.
Airports: RCW 70.93.095.
Commercial fertilizer: Chapter 15.54 RCW.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
Marinas: RCW 70.93.095.
Solid waste collection tax: Chapter 82.18 RCW.
State parks: RCW 79A.05.045.
Waste reduction, recycling, litter control: Chapter 70.93 RCW.
70.95.010 Legislative finding—Priorities—Goals.
The legislature finds:
(1) Continuing technological changes in methods of
manufacture, packaging, and marketing of consumer products, together with the economic and population growth of
this state, the rising affluence of its citizens, and its expanding industrial activity have created new and ever-mounting
problems involving disposal of garbage, refuse, and solid
waste materials resulting from domestic, agricultural, and
industrial activities.
(2) Traditional methods of disposing of solid wastes in
this state are no longer adequate to meet the ever-increasing
problem. Improper methods and practices of handling and
disposal of solid wastes pollute our land, air and water
resources, blight our countryside, adversely affect land values, and damage the overall quality of our environment.
(3) Considerations of natural resource limitations,
energy shortages, economics and the environment make necessary the development and implementation of solid waste
recovery and/or recycling plans and programs.
(4) Waste reduction must become a fundamental strategy
of solid waste management. It is therefore necessary to
change manufacturing and purchasing practices and waste
generation behaviors to reduce the amount of waste that
becomes a governmental responsibility.
(5) Source separation of waste must become a fundamental strategy of solid waste management. Collection and
handling strategies should have, as an ultimate goal, the
source separation of all materials with resource value or environmental hazard.
70.95.010
(2006 Ed.)
Solid Waste Management—Reduction and Recycling
(6)(a) It should be the goal of every person and business
to minimize their production of wastes and to separate recyclable or hazardous materials from mixed waste.
(b) It is the responsibility of state, county, and city governments to provide for a waste management infrastructure to
fully implement waste reduction and source separation strategies and to process and dispose of remaining wastes in a
manner that is environmentally safe and economically sound.
It is further the responsibility of state, county, and city governments to monitor the cost-effectiveness and environmental safety of combusting separated waste, processing mixed
municipal solid waste, and recycling programs.
(c) It is the responsibility of county and city governments
to assume primary responsibility for solid waste management
and to develop and implement aggressive and effective waste
reduction and source separation strategies.
(d) It is the responsibility of state government to ensure
that local governments are providing adequate source reduction and separation opportunities and incentives to all, including persons in both rural and urban areas, and nonresidential
waste generators such as commercial, industrial, and institutional entities, recognizing the need to provide flexibility to
accommodate differing population densities, distances to and
availability of recycling markets, and collection and disposal
costs in each community; and to provide county and city governments with adequate technical resources to accomplish
this responsibility.
(7) Environmental and economic considerations in solving the state’s solid waste management problems requires
strong consideration by local governments of regional solutions and intergovernmental cooperation.
(8) The following priorities for the collection, handling,
and management of solid waste are necessary and should be
followed in descending order as applicable:
(a) Waste reduction;
(b) Recycling, with source separation of recyclable
materials as the preferred method;
(c) Energy recovery, incineration, or landfill of separated
waste;
(d) Energy recovery, incineration, or landfill of mixed
municipal solid wastes.
(9) It is the state’s goal to achieve a fifty percent recycling rate by 2007.
(10) It is the state’s goal that programs be established to
eliminate residential or commercial yard debris in landfills by
2012 in those areas where alternatives to disposal are readily
available and effective.
(11) Steps should be taken to make recycling at least as
affordable and convenient to the ratepayer as mixed waste
disposal.
(12) It is necessary to compile and maintain adequate
data on the types and quantities of solid waste that are being
generated and to monitor how the various types of solid waste
are being managed.
(13) Vehicle batteries should be recycled and the disposal of vehicle batteries into landfills or incinerators should
be discontinued.
(14) Excessive and nonrecyclable packaging of products
should be avoided.
(2006 Ed.)
70.95.020
(15) Comprehensive education should be conducted
throughout the state so that people are informed of the need to
reduce, source separate, and recycle solid waste.
(16) All governmental entities in the state should set an
example by implementing aggressive waste reduction and
recycling programs at their workplaces and by purchasing
products that are made from recycled materials and are recyclable.
(17) To ensure the safe and efficient operations of solid
waste disposal facilities, it is necessary for operators and regulators of landfills and incinerators to receive training and
certification.
(18) It is necessary to provide adequate funding to all
levels of government so that successful waste reduction and
recycling programs can be implemented.
(19) The development of stable and expanding markets
for recyclable materials is critical to the long-term success of
the state’s recycling goals. Market development must be
encouraged on a state, regional, and national basis to maximize its effectiveness. The state shall assume primary responsibility for the development of a multifaceted market development program to carry out the purposes of this act.
(20) There is an imperative need to anticipate, plan for,
and accomplish effective storage, control, recovery, and
recycling of discarded tires and other problem wastes with
the subsequent conservation of resources and energy. [2002
c 299 § 3; 1989 c 431 § 1; 1985 c 345 § 1; 1984 c 123 § 1;
1975-’76 2nd ex.s. c 41 § 1; 1969 ex.s. c 134 § 1.]
70.95.020 Purpose. The purpose of this chapter is to
establish a comprehensive statewide program for solid waste
handling, and solid waste recovery and/or recycling which
will prevent land, air, and water pollution and conserve the
natural, economic, and energy resources of this state. To this
end it is the purpose of this chapter:
(1) To assign primary responsibility for adequate solid
waste handling to local government, reserving to the state,
however, those functions necessary to assure effective programs throughout the state;
(2) To provide for adequate planning for solid waste handling by local government;
(3) To provide for the adoption and enforcement of basic
minimum performance standards for solid waste handling,
including that all sites where recyclable materials are generated and transported from shall provide a separate container
for solid waste;
(4) To encourage the development and operation of
waste recycling facilities needed to accomplish the management priority of waste recycling, to promote consistency in
the requirements for such facilities throughout the state, and
to ensure that recyclable materials diverted from the waste
stream for recycling are routed to facilities in which recycling
occurs;
(5) To provide technical and financial assistance to local
governments in the planning, development, and conduct of
solid waste handling programs;
(6) To encourage storage, proper disposal, and recycling
of discarded vehicle tires and to stimulate private recycling
programs throughout the state; and
(7) To encourage the development and operation of
waste recycling facilities and activities needed to accomplish
70.95.020
[Title 70 RCW—page 227]
70.95.030
Title 70 RCW: Public Health and Safety
the management priority of waste recycling and to promote
consistency in the permitting requirements for such facilities
and activities throughout the state.
It is the intent of the legislature that local governments
be encouraged to use the expertise of private industry and to
contract with private industry to the fullest extent possible to
carry out solid waste recovery and/or recycling programs.
[2005 c 394 § 2. Prior: 1998 c 156 § 1; 1998 c 90 § 1; 1985
c 345 § 2; 1975-’76 2nd ex.s. c 41 § 2; 1969 ex.s. c 134 § 2.]
Intent—Severability—2005 c 394: See notes following RCW
70.95.400.
70.95.030
70.95.030 Definitions. As used in this chapter, unless
the context indicates otherwise:
(1) "City" means every incorporated city and town.
(2) "Commission" means the utilities and transportation
commission.
(3) "Committee" means the state solid waste advisory
committee.
(4) "Composted material" means organic solid waste that
has been subjected to controlled aerobic degradation at a
solid waste facility in compliance with the requirements of
this chapter. Natural decay of organic solid waste under
uncontrolled conditions does not result in composted material.
(5) "Department" means the department of ecology.
(6) "Director" means the director of the department of
ecology.
(7) "Disposal site" means the location where any final
treatment, utilization, processing, or deposit of solid waste
occurs.
(8) "Energy recovery" means a process operating under
federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the
volume of solid waste.
(9) "Functional standards" means criteria for solid waste
handling expressed in terms of expected performance or solid
waste handling functions.
(10) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device
using controlled flame combustion.
(11) "Inert waste landfill" means a landfill that receives
only inert waste, as determined under RCW 70.95.065, and
includes facilities that use inert wastes as a component of fill.
(12) "Jurisdictional health department" means city,
county, city-county, or district public health department.
(13) "Landfill" means a disposal facility or part of a
facility at which solid waste is placed in or on land and which
is not a land treatment facility.
(14) "Local government" means a city, town, or county.
(15) "Modify" means to substantially change the design
or operational plans including, but not limited to, removal of
a design element previously set forth in a permit application
or the addition of a disposal or processing activity that is not
approved in the permit.
(16) "Multiple family residence" means any structure
housing two or more dwelling units.
(17) "Person" means individual, firm, association,
copartnership, political subdivision, government agency,
[Title 70 RCW—page 228]
municipality, industry, public or private corporation, or any
other entity whatsoever.
(18) "Recyclable materials" means those solid wastes
that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the
adoption of the local comprehensive solid waste plan,
adopted pursuant to RCW 70.95.110(2), local governments
may identify recyclable materials by ordinance from July 23,
1989.
(19) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for
use other than landfill disposal or incineration.
(20) "Residence" means the regular dwelling place of an
individual or individuals.
(21) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying
amounts of water and dissolved materials, generated from a
wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.
(22) "Soil amendment" means any substance that is
intended to improve the physical characteristics of the soil,
except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing
wastes, and materials exempted by rule of the department,
such as biosolids as defined in chapter 70.95J RCW and
wastewater as regulated in chapter 90.48 RCW.
(23) "Solid waste" or "wastes" means all putrescible and
nonputrescible solid and semisolid wastes including, but not
limited to, garbage, rubbish, ashes, industrial wastes, swill,
sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.
(24) "Solid waste handling" means the management,
storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the
recovery and recycling of materials from solid wastes, the
recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or
combinations thereof.
(25) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.
(26) "Vehicle" includes every device physically capable
of being moved upon a public or private highway, road,
street, or watercourse and in, upon, or by which any person or
property is or may be transported or drawn upon a public or
private highway, road, street, or watercourse, except devices
moved by human or animal power or used exclusively upon
stationary rails or tracks.
(27) "Waste-derived soil amendment" means any soil
amendment as defined in this chapter that is derived from
solid waste as defined in RCW 70.95.030, but does not
include biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter
90.48 RCW.
(28) "Waste reduction" means reducing the amount or
toxicity of waste generated or reusing materials.
(29) "Yard debris" means plant material commonly created in the course of maintaining yards and gardens, and
through horticulture, gardening, landscaping, or similar
(2006 Ed.)
Solid Waste Management—Reduction and Recycling
activities. Yard debris includes but is not limited to grass
clippings, leaves, branches, brush, weeds, flowers, roots,
windfall fruit, vegetable garden debris, holiday trees, and tree
prunings four inches or less in diameter. [2004 c 101 § 1;
2002 c 299 § 4; 1998 c 36 § 17; 1997 c 213 § 1; 1992 c 174 §
16; 1991 c 298 § 2; 1989 c 431 § 2; 1985 c 345 § 3; 1984 c
123 § 2; 1975-’76 2nd ex.s. c 41 § 3; 1970 ex.s. c 62 § 60;
1969 ex.s. c 134 § 3.]
Intent—1998 c 36: See RCW 15.54.265.
Short title—1998 c 36: See note following RCW 15.54.265.
Finding—1991 c 298: "The legislature finds that curbside recycling
services should be provided in multiple family residences. The county and
city comprehensive solid waste management plans should include provisions
for such service." [1991 c 298 § 1.]
Solid waste disposal—Powers and duties of state board of health as to environmental contaminants: RCW 43.20.050.
70.95.040
70.95.040 Solid waste advisory committee—Members—Meetings—Travel expenses—"Governor’s award
of excellence." (1) There is created a solid waste advisory
committee to provide consultation to the department of ecology concerning matters covered by this chapter. The committee shall advise on the development of programs and regulations for solid and dangerous waste handling, resource recovery, and recycling, and shall supply recommendations
concerning methods by which existing solid and dangerous
waste handling, resource recovery, and recycling practices
and the laws authorizing them may be supplemented and
improved.
(2) The committee shall consist of at least eleven members, including the assistant director for waste management
programs within the department. The director shall appoint
members with due regard to the interests of the public, local
government, tribes, agriculture, industry, public health, recycling industries, solid waste collection industries, and
resource recovery industries. The term of appointment shall
be determined by the director. The committee shall elect its
own chair and meet at least four times a year, in accordance
with such rules of procedure as it shall establish. Members
shall receive no compensation for their services but shall be
reimbursed their travel expenses while engaged in business
of the committee in accordance with RCW 43.03.050 and
43.03.060 as now existing or hereafter amended.
(3) The committee shall each year recommend to the
governor a recipient for a "governor’s award of excellence"
which the governor shall award for outstanding achievement
by an industry, company, or individual in the area of hazardous waste or solid waste management. [1991 c 319 § 401;
1987 c 115 § 1; 1982 c 108 § 1; 1977 c 10 § 1. Prior:
1975-’76 2nd ex.s. c 41 § 9; 1975-’76 2nd ex.s. c 34 § 160;
1969 ex.s. c 134 § 4.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
Toxic metals—Report—1991 c 319: See note following RCW
70.95G.005.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
70.95.050
70.95.050 Solid waste advisory committee—Staff services and facilities. The department shall furnish necessary
(2006 Ed.)
70.95.065
staff services and facilities required by the solid waste advisory committee. [1969 ex.s. c 134 § 5.]
70.95.055
70.95.055 Environmental excellence program agreements—Effect on chapter. Notwithstanding any other provision of law, any legal requirement under this chapter,
including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement,
entered into under chapter 43.21K RCW. [1997 c 381 § 22.]
Purpose—1997 c 381: See RCW 43.21K.005.
70.95.060
70.95.060 Standards for solid waste handling—
Areas—Landfill location. (1) The department shall adopt
rules establishing minimum functional standards for solid
waste handling, consistent with the standards specified in this
section. The department may classify areas of the state with
respect to population density, climate, geology, and other relevant factors bearing on solid waste disposal standards.
(2) In addition to the minimum functional standards
adopted by the department under subsection (1) of this section, each landfill facility whose area at its design capacity
will exceed one hundred acres and whose horizontal height at
design capacity will average one hundred feet or more above
existing site elevations shall comply with the standards of
this subsection. This subsection applies only to wholly new
solid waste landfill facilities, no part or unit of which has had
construction commence before April 27, 1999.
(a) No landfill specified in this subsection may be
located:
(i) So that the active area is closer than five miles to any
national park or a public or private nonprofit zoological park
displaying native animals in their native habitats; or
(ii) Over a sole source aquifer designated under the federal safe drinking water act, if such designation was effective
before January 1, 1999.
(b) Each landfill specified in this subsection (2) shall be
constructed with an impermeable berm around the entire
perimeter of the active area of the landfill of such height,
thickness, and design as will be sufficient to contain all material disposed in the event of a complete failure of the structural integrity of the landfill. [1999 c 116 § 1; 1969 ex.s. c
134 § 6.]
Effective date—1999 c 116: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 27, 1999]." [1999 c 116 § 2.]
70.95.065
70.95.065 Inert waste landfills. (1) The department
shall, as part of the minimum functional standards for solid
waste handling required under RCW 70.95.060, develop specific criteria for the types of solid wastes that are allowed to
be received by inert waste landfills that seek to continue operation after February 10, 2003.
(2) The criteria for inert waste developed under this section must, at a minimum, contain a list of substances that an
inert waste landfill located in a county with fewer than fortyfive thousand residents is permitted to receive if it was operational before February 10, 2003, and is located at a site with
a five-year annual rainfall of twenty-five inches or less. The
substances permitted for the inert waste landfills satisfying
[Title 70 RCW—page 229]
70.95.070
Title 70 RCW: Public Health and Safety
the criteria listed in this subsection must include the following types of solid waste if the waste has not been tainted,
through exposure from chemical, physical, biological, or
radiological substances, such that it presents a threat to
human health or the environment greater than that inherent to
the material:
(a) Cured concrete, including any embedded steel reinforcing and wood;
(b) Asphaltic materials, including road construction
asphalt;
(c) Brick and masonry;
(d) Ceramic materials produced from fired clay or porcelain;
(e) Glass;
(f) Stainless steel and aluminum; and
(g) Other materials as defined in chapter 173-350 WAC.
(3) The department shall work with the owner or operators of landfills that do not meet the minimum functional
standards for inert waste landfills to explore and implement
appropriate means of transition into a limited purpose landfill
that is able to accept additional materials as specified in
WAC 173-350-400. [2004 c 101 § 2.]
70.95.070
70.95.070 Review of standards prior to adoption—
Revisions, additions and modifications—Factors. The
solid waste advisory committee shall review prior to adoption
and shall recommend revisions, additions, and modifications
to the minimum functional standards governing solid waste
handling relating, but not limited to, the following:
(1) Vector production and sustenance.
(2) Air pollution (coordinated with regulations of the
department of ecology).
(3) Pollution of surface and ground waters (coordinated
with the regulations of the department of ecology).
(4) Hazards to service or disposal workers or to the public.
(5) Prevention of littering.
(6) Adequacy and adaptability of disposal sites to population served.
(7) Design and operation of disposal sites.
(8) Recovery and/or recycling of solid waste. [1975-’76
2nd ex.s. c 41 § 4; 1969 ex.s. c 134 § 7.]
water and ground water contamination, and a comparison
with the effectiveness of the prior standards;
(3) An analysis of the costs of conforming with the new
functional standards for new landfills compared with the
costs of conforming to the prior standards; and
(4) Proposals for methods of financing the costs of conforming with the new functional standards. [1986 c 81 § 1.]
70.95.080
70.95.080 County comprehensive solid waste management plan—Joint plans—Duties of cities. Each county
within the state, in cooperation with the various cities located
within such county, shall prepare a coordinated, comprehensive solid waste management plan. Such plan may cover two
or more counties.
Each city shall:
(1) Prepare and deliver to the county auditor of the
county in which it is located its plan for its own solid waste
management for integration into the comprehensive county
plan; or
(2) Enter into an agreement with the county pursuant to
which the city shall participate in preparing a joint citycounty plan for solid waste management; or
(3) Authorize the county to prepare a plan for the city’s
solid waste management for inclusion in the comprehensive
county plan.
Two or more cities may prepare a plan for inclusion in
the county plan. With prior notification of its home county of
its intent, a city in one county may enter into an agreement
with a city in an adjoining county, or with an adjoining
county, or both, to prepare a joint plan for solid waste management to become part of the comprehensive plan of both
counties.
After consultation with representatives of the cities and
counties, the department shall establish a schedule for the
development of the comprehensive plans for solid waste
management. In preparing such a schedule, the department
shall take into account the probable cost of such plans to the
cities and counties.
Local governments shall not be required to include a
hazardous waste element in their solid waste management
plans. [1985 c 448 § 17; 1969 ex.s. c 134 § 8.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.95.090
70.95.075
70.95.075 Implementation of standards—Assessment—Analyses—Proposals. In order to implement the
minimum functional standards for solid waste handling, evaluate the effectiveness of the minimum functional standards,
evaluate the cost of implementation, and develop a mechanism to finance the implementation, the department shall prepare:
(1) An assessment of local health agencies’ information
on all existing permitted landfill sites, including (a) measures
taken and facilities installed at each landfill to mitigate surface water and ground water contamination, (b) proposed
measures taken and facilities to be constructed at each landfill to mitigate surface water and ground water contamination, and (c) the costs of such measures and facilities;
(2) An analysis of the effectiveness of the minimum
functional standards for new landfills in lessening surface
[Title 70 RCW—page 230]
70.95.090 County and city comprehensive solid waste
management plans—Contents. Each county and city comprehensive solid waste management plan shall include the
following:
(1) A detailed inventory and description of all existing
solid waste handling facilities including an inventory of any
deficiencies in meeting current solid waste handling needs.
(2) The estimated long-range needs for solid waste handling facilities projected twenty years into the future.
(3) A program for the orderly development of solid
waste handling facilities in a manner consistent with the
plans for the entire county which shall:
(a) Meet the minimum functional standards for solid
waste handling adopted by the department and all laws and
regulations relating to air and water pollution, fire prevention, flood control, and protection of public health;
(2006 Ed.)
Solid Waste Management—Reduction and Recycling
(b) Take into account the comprehensive land use plan of
each jurisdiction;
(c) Contain a six year construction and capital acquisition program for solid waste handling facilities; and
(d) Contain a plan for financing both capital costs and
operational expenditures of the proposed solid waste management system.
(4) A program for surveillance and control.
(5) A current inventory and description of solid waste
collection needs and operations within each respective jurisdiction which shall include:
(a) Any franchise for solid waste collection granted by
the utilities and transportation commission in the respective
jurisdictions including the name of the holder of the franchise
and the address of his or her place of business and the area
covered by the franchise;
(b) Any city solid waste operation within the county and
the boundaries of such operation;
(c) The population density of each area serviced by a city
operation or by a franchised operation within the respective
jurisdictions;
(d) The projected solid waste collection needs for the
respective jurisdictions for the next six years.
(6) A comprehensive waste reduction and recycling element that, in accordance with the priorities established in
RCW 70.95.010, provides programs that (a) reduce the
amount of waste generated, (b) provide incentives and mechanisms for source separation, and (c) establish recycling
opportunities for the source separated waste.
(7) The waste reduction and recycling element shall
include the following:
(a) Waste reduction strategies;
(b) Source separation strategies, including:
(i) Programs for the collection of source separated materials from residences in urban and rural areas. In urban areas,
these programs shall include collection of source separated
recyclable materials from single and multiple family residences, unless the department approves an alternative program, according to the criteria in the planning guidelines.
Such criteria shall include: Anticipated recovery rates and
levels of public participation, availability of environmentally
sound disposal capacity, access to markets for recyclable
materials, unreasonable cost impacts on the ratepayer over
the six-year planning period, utilization of environmentally
sound waste reduction and recycling technologies, and other
factors as appropriate. In rural areas, these programs shall
include but not be limited to drop-off boxes, buy-back centers, or a combination of both, at each solid waste transfer,
processing, or disposal site, or at locations convenient to the
residents of the county. The drop-off boxes and buy-back
centers may be owned or operated by public, nonprofit, or
private persons;
(ii) Programs to monitor the collection of source separated waste at nonresidential sites where there is sufficient
density to sustain a program;
(iii) Programs to collect yard waste, if the county or city
submitting the plan finds that there are adequate markets or
capacity for composted yard waste within or near the service
area to consume the majority of the material collected; and
(iv) Programs to educate and promote the concepts of
waste reduction and recycling;
(2006 Ed.)
70.95.094
(c) Recycling strategies, including a description of markets for recyclables, a review of waste generation trends, a
description of waste composition, a discussion and description of existing programs and any additional programs
needed to assist public and private sector recycling, and an
implementation schedule for the designation of specific
materials to be collected for recycling, and for the provision
of recycling collection services;
(d) Other information the county or city submitting the
plan determines is necessary.
(8) An assessment of the plan’s impact on the costs of
solid waste collection. The assessment shall be prepared in
conformance with guidelines established by the utilities and
transportation commission. The commission shall cooperate
with the Washington state association of counties and the
association of Washington cities in establishing such guidelines.
(9) A review of potential areas that meet the criteria as
outlined in RCW 70.95.165. [1991 c 298 § 3; 1989 c 431 § 3;
1984 c 123 § 5; 1971 ex.s. c 293 § 1; 1969 ex.s. c 134 § 9.]
Finding—1991 c 298: See note following RCW 70.95.030.
Certain provisions not to detract from utilities and transportation commission powers, duties, and functions: RCW 80.01.300.
70.95.092 County and city comprehensive solid waste
management plans—Levels of service, reduction and
recycling. Levels of service shall be defined in the waste
reduction and recycling element of each local comprehensive
solid waste management plan and shall include the services
set forth in RCW 70.95.090. In determining which service
level is provided to residential and nonresidential waste generators in each community, counties and cities shall develop
clear criteria for designating areas as urban or rural. In designating urban areas, local governments shall consider the planning guidelines adopted by the department, total population,
population density, and any applicable land use or utility service plans. [1989 c 431 § 4.]
70.95.092
70.95.094 County and city comprehensive solid waste
management plans—Review and approval process. (1)
The department and local governments preparing plans are
encouraged to work cooperatively during plan development.
Each county and city preparing a comprehensive solid waste
management plan shall submit a preliminary draft plan to the
department for technical review. The department shall review
and comment on the draft plan within one hundred twenty
days of receipt. The department’s comments shall state specific actions or revisions that must be completed for plan
approval.
(2) Each final draft solid waste management plan shall
be submitted to the department for approval. The department
will limit its comments on the final draft plans to those issues
identified during its review of the draft plan and any other
changes made between submittal of the preliminary draft and
final draft plans. Disapproval of the local comprehensive
solid waste management plan shall be supported by specific
findings. A final draft plan shall be deemed approved if the
department does not disapprove it within forty-five days of
receipt.
(3) If the department disapproves a plan or any plan
amendments, the submitting entity may appeal the decision
70.95.094
[Title 70 RCW—page 231]
70.95.096
Title 70 RCW: Public Health and Safety
under the procedures of Part IV of chapter 34.05 RCW. An
administrative law judge shall preside over the appeal. The
appeal shall be limited to review of the specific findings
which supported the disapproval under subsection (2) of this
section. [1989 c 431 § 8.]
70.95.096
70.95.096 Utilities and transportation commission to
review local plan’s assessment of cost impacts on rates.
Upon receipt, the department shall immediately provide the
utilities and transportation commission with a copy of each
preliminary draft local comprehensive solid waste management plan. Within forty-five days after receiving a plan, the
commission shall have reviewed the plan’s assessment of
solid waste collection cost impacts on rates charged by solid
waste collection companies regulated under chapter 81.77
RCW and shall advise the county or city submitting the plan
and the department of the probable effect of the plan’s recommendations on those rates. [1989 c 431 § 12.]
70.95.100
70.95.100 Technical assistance for plan preparation—Guidelines—Informational materials and programs. (1) The department or the commission, as appropriate, shall provide to counties and cities technical assistance
including, but not limited to, planning guidelines, in the preparation, review, and revision of solid waste management
plans required by this chapter. Guidelines prepared under this
section shall be consistent with the provisions of this chapter.
Guidelines for the preparation of the waste reduction and
recycling element of the comprehensive solid waste management plan shall be completed by the department by March 15,
1990. These guidelines shall provide recommendations to
local government on materials to be considered for designation as recyclable materials. The state solid waste management plan prepared pursuant to RCW 70.95.260 shall be consistent with these guidelines.
(2) The department shall be responsible for development
and implementation of a comprehensive statewide public
information program designed to encourage waste reduction,
source separation, and recycling by the public. The department shall operate a toll free hot line to provide the public
information on waste reduction and recycling.
(3) The department shall provide technical assistance to
local governments in the development and dissemination of
informational materials and related activities to assure recognition of unique local waste reduction and recycling programs.
(4) Local governments shall make all materials and
information developed with the assistance grants provided
under RCW 70.95.130 available to the department for potential use in other areas of the state. [1989 c 431 § 6; 1984 c 123
§ 6; 1969 ex.s. c 134 § 10.]
70.95.110
70.95.110 Maintenance of plans—Review, revisions—Implementation of source separation programs.
(1) The comprehensive county solid waste management plans
and any comprehensive city solid waste management plans
prepared in accordance with RCW 70.95.080 shall be maintained in a current condition and reviewed and revised periodically by counties and cities as may be required by the
department. Upon each review such plans shall be extended
[Title 70 RCW—page 232]
to show long-range needs for solid waste handling facilities
for twenty years in the future, and a revised construction and
capital acquisition program for six years in the future. Each
revised solid waste management plan shall be submitted to
the department.
Each plan shall be reviewed and revised within five
years of July 1, 1984, and thereafter shall be reviewed, and
revised if necessary according to the schedule provided in
subsection (2) of this section.
(2) Cities and counties preparing solid waste management plans shall submit the waste reduction and recycling
element required in RCW 70.95.090 and any revisions to
other elements of its comprehensive solid waste management
plan to the department no later than:
(a) July 1, 1991, for class one areas: PROVIDED, That
portions relating to multiple family residences shall be submitted no later than July 1, 1992;
(b) July 1, 1992, for class two areas; and
(c) July 1, 1994, for class three areas.
Thereafter, each plan shall be reviewed and revised, if
necessary, at least every five years. Nothing in chapter 431,
Laws of 1989 shall prohibit local governments from submitting a plan prior to the dates listed in this subsection.
(3) The classes of areas are defined as follows:
(a) Class one areas are the counties of Spokane, Snohomish, King, Pierce, and Kitsap and all the cities therein.
(b) Class two areas are all other counties located west of
the crest of the Cascade mountains and all the cities therein.
(c) Class three areas are the counties east of the crest of
the Cascade mountains and all the cities therein, except for
Spokane county.
(4) Cities and counties shall begin implementing the programs to collect source separated materials no later than one
year following the adoption and approval of the waste reduction and recycling element and these programs shall be fully
implemented within two years of approval. [1991 c 298 § 4;
1989 c 431 § 5; 1984 c 123 § 7; 1969 ex.s. c 134 § 11.]
Finding—1991 c 298: See note following RCW 70.95.030.
70.95.130
70.95.130 Financial aid to counties and cities. Any
county may apply to the department on a form prescribed
thereby for financial aid for the preparation of the comprehensive county plan for solid waste management required by
RCW 70.95.080. Any city electing to prepare an independent
city plan, a joint city plan, or a joint county-city plan for solid
waste management for inclusion in the county comprehensive plan may apply for financial aid for such purpose
through the county. Every city application for financial aid
for planning shall be filed with the county auditor and shall
be included as a part of the county’s application for financial
aid. Any city preparing an independent plan shall provide for
disposal sites wholly within its jurisdiction.
The department shall allocate to the counties and cities
applying for financial aid for planning, such funds as may be
available pursuant to legislative appropriations or from any
federal grants for such purpose.
The department shall determine priorities and allocate
available funds among the counties and cities applying for
aid according to criteria established by regulations of the
department considering population, urban development,
(2006 Ed.)
Solid Waste Management—Reduction and Recycling
environmental effects of waste disposal, existing waste handling practices, and the local justification of their proposed
expenditures. [1969 ex.s. c 134 § 13.]
70.95.140
70.95.140 Matching requirements. Counties and cities shall match their planning aid allocated by the director by
an amount not less than twenty-five percent of the estimated
cost of such planning. Any federal planning aid made directly
to a county or city shall not be considered either a state or
local contribution in determining local matching requirements. Counties and cities may meet their share of planning
costs by cash and contributed services. [1969 ex.s. c 134 §
14.]
70.95.150
70.95.150 Contracts with counties to assure proper
expenditures. Upon the allocation of planning funds as provided in RCW 70.95.130, the department shall enter into a
contract with each county receiving a planning grant. The
contract shall include such provisions as the director may
deem necessary to assure the proper expenditure of such
funds including allocations made to cities. The sum allocated
to a county shall be paid to the treasurer of such county.
[1969 ex.s. c 134 § 15.]
70.95.160
70.95.160 Local board of health regulations to implement the comprehensive plan—Section not to be construed to authorize counties to operate system. Each
county, or any city, or jurisdictional board of health shall
adopt regulations or ordinances governing solid waste handling implementing the comprehensive solid waste management plan covering storage, collection, transportation, treatment, utilization, processing and final disposal including but
not limited to the issuance of permits and the establishment of
minimum levels and types of service for any aspect of solid
waste handling. County regulations or ordinances adopted
regarding levels and types of service shall not apply within
the limits of any city where the city has by local ordinance
determined that the county shall not exercise such powers
within the corporate limits of the city. Such regulations or
ordinances shall assure that solid waste storage and disposal
facilities are located, maintained, and operated in a manner so
as properly to protect the public health, prevent air and water
pollution, are consistent with the priorities established in
RCW 70.95.010, and avoid the creation of nuisances. Such
regulations or ordinances may be more stringent than the
minimum functional standards adopted by the department.
Regulations or ordinances adopted by counties, cities, or
jurisdictional boards of health shall be filed with the department.
Nothing in this section shall be construed to authorize
the operation of a solid waste collection system by counties.
[1989 c 431 § 10; 1988 c 127 § 29; 1969 ex.s. c 134 § 16.]
70.95.163
70.95.163 Local health departments may contract
with the department of ecology. Any jurisdictional health
department and the department of ecology may enter into an
agreement providing for the exercise by the department of
ecology of any power that is specified in the contract and that
is granted to the jurisdictional health department under this
chapter. However, the jurisdictional health department shall
(2006 Ed.)
70.95.167
have the approval of the legislative authority or authorities it
serves before entering into any such agreement with the
department of ecology. [1989 c 431 § 16.]
70.95.165
70.95.165 Solid waste disposal facility siting—Site
review—Local solid waste advisory committees—Membership. (1) Each county or city siting a solid waste disposal
facility shall review each potential site for conformance with
the standards as set by the department for:
(a) Geology;
(b) Ground water;
(c) Soil;
(d) Flooding;
(e) Surface water;
(f) Slope;
(g) Cover material;
(h) Capacity;
(i) Climatic factors;
(j) Land use;
(k) Toxic air emissions; and
(l) Other factors as determined by the department.
(2) The standards in subsection (1) of this section shall
be designed to use the best available technology to protect the
environment and human health, and shall be revised periodically to reflect new technology and information.
(3) Each county shall establish a local solid waste advisory committee to assist in the development of programs and
policies concerning solid waste handling and disposal and to
review and comment upon proposed rules, policies, or ordinances prior to their adoption. Such committees shall consist
of a minimum of nine members and shall represent a balance
of interests including, but not limited to, citizens, public
interest groups, business, the waste management industry,
and local elected public officials. The members shall be
appointed by the county legislative authority. A county or
city shall not apply for funds from the state and local
improvements revolving account, Waste Disposal Facilities,
1980, under chapter 43.99F RCW, for the preparation,
update, or major amendment of a comprehensive solid waste
management plan unless the plan or revision has been prepared with the active assistance and participation of a local
solid waste advisory committee. [1989 c 431 § 11; 1984 c
123 § 4.]
70.95.167
70.95.167 Private businesses involvement in source
separated materials—Local solid waste advisory committee to examine. (1) Each local solid waste advisory committee shall conduct one or more meetings for the purpose of
determining how local private recycling and solid waste collection businesses may participate in the development and
implementation of programs to collect source separated
materials from residences, and to process and market materials collected for recycling. The meetings shall include local
private recycling businesses, private solid waste collection
companies operating within the jurisdiction, and the local
solid waste planning agencies. The meetings shall be held
during the development of the waste reduction and recycling
element or no later than one year prior to the date that a jurisdiction is required [to] submit the element under RCW
70.95.110(2).
[Title 70 RCW—page 233]
70.95.170
Title 70 RCW: Public Health and Safety
(2) The meeting requirement under subsection (1) of this
section shall apply whenever a city or county develops or
amends the waste reduction and recycling element required
under this chapter. Jurisdictions having approved waste
reduction and recycling elements or having initiated a process for the selection of a service provider as of May 21,
1991, do not have to comply with the requirements of subsection (1) of this section until the next revisions to the waste
reduction and recycling element are made or required.
(3) After the waste reduction and recycling element is
approved by the local legislative authority but before it is
submitted to the department for approval, the local solid
waste advisory committee shall hold at least one additional
meeting to review the element.
(4) For the purpose of this section, "private recycling
business" means any private for-profit or private not-forprofit business that engages in the processing and marketing
of recyclable materials. [1991 c 319 § 402.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
70.95.170 Permit for solid waste handling facility—
Required. Except as provided otherwise in RCW 70.95.305
or 70.95.310, after approval of the comprehensive solid waste
plan by the department no solid waste handling facility or
facilities shall be maintained, established, or modified until
the county, city, or other person operating such site has
obtained a permit pursuant to RCW 70.95.180 or 70.95.190.
[1998 c 156 § 3; 1997 c 213 § 2; 1969 ex.s. c 134 § 17.]
70.95.170
70.95.180 Permit for solid waste handling facility—
Applications, fee. (1) Applications for permits to operate a
new or modified solid waste handling facility shall be on
forms prescribed by the department and shall contain a
description of the proposed facilities and operations at the
site, plans and specifications for any new or additional facilities to be constructed, and such other information as the jurisdictional health department may deem necessary in order to
determine whether the site and solid waste disposal facilities
located thereon will comply with local and state regulations.
(2) Upon receipt of an application for a permit to establish or modify a solid waste handling facility, the jurisdictional health department shall refer one copy of the application to the department which shall report its findings to the
jurisdictional health department.
(3) The jurisdictional health department shall investigate
every application as may be necessary to determine whether
a proposed or modified site and facilities meet all solid waste,
air, and other applicable laws and regulations, and conforms
with the approved comprehensive solid waste handling plan,
and complies with all zoning requirements.
(4) When the jurisdictional health department finds that
the permit should be issued, it shall issue such permit. Every
application shall be approved or disapproved within ninety
days after its receipt by the jurisdictional health department.
(5) The jurisdictional board of health may establish reasonable fees for permits and renewal of permits. All permit
fees collected by the health department shall be deposited in
the treasury and to the account from which the health department’s operating expenses are paid. [1997 c 213 § 3; 1988 c
127 § 30; 1969 ex.s. c 134 § 18.]
70.95.180
[Title 70 RCW—page 234]
70.95.185 Permit for solid waste disposal site or facilities—Review by department—Appeal of issuance—
Validity of permits issued after June 7, 1984. Every permit
issued by a jurisdictional health department under RCW
70.95.180 shall be reviewed by the department to ensure that
the proposed site or facility conforms with:
(1) All applicable laws and regulations including the
minimal functional standards for solid waste handling; and
(2) The approved comprehensive solid waste management plan.
The department shall review the permit within thirty
days after the issuance of the permit by the jurisdictional
health department. The department may appeal the issuance
of the permit by the jurisdictional health department to the
pollution control hearings board, as described in chapter
43.21B RCW, for noncompliance with subsection (1) or (2)
of this section.
No permit issued pursuant to RCW 70.95.180 after June
7, 1984, shall be considered valid unless it has been reviewed
by the department. [1984 c 123 § 8.]
70.95.185
70.95.190 Permit for solid waste handling facility—
Renewal—Appeal—Validity of renewal—Review fees.
(1) Every permit for an existing solid waste handling facility
issued pursuant to RCW 70.95.180 shall be renewed at least
every five years on a date established by the jurisdictional
health department having jurisdiction of the site and as specified in the permit. If a permit is to be renewed for longer than
one year, the local jurisdictional health department may hold
a public hearing before making such a decision. Prior to
renewing a permit, the health department shall conduct a
review as it deems necessary to assure that the solid waste
handling facility or facilities located on the site continues to
meet minimum functional standards of the department, applicable local regulations, and are not in conflict with the
approved solid waste management plan. A jurisdictional
health department shall approve or disapprove a permit
renewal within forty-five days of conducting its review. The
department shall review and may appeal the renewal as set
forth for the approval of permits in RCW 70.95.185.
(2) The jurisdictional board of health may establish reasonable fees for permits reviewed under this section. All permit fees collected by the health department shall be deposited
in the treasury and to the account from which the health
department’s operating expenses are paid. [1998 c 156 § 4;
1997 c 213 § 4; 1984 c 123 § 9; 1969 ex.s. c 134 § 19.]
70.95.190
70.95.200 Permit for solid waste disposal site or facilities—Suspension. Any permit for a solid waste disposal
site issued as provided herein shall be subject to suspension at
any time the jurisdictional health department determines that
the site or the solid waste disposal facilities located on the site
are being operated in violation of this chapter, or the regulations of the department or local laws and regulations. [1969
ex.s. c 134 § 20.]
70.95.200
70.95.205 Exemption from solid waste permit
requirements—Waste-derived soil amendments—Application—Revocation of exemption—Appeal. (1) Wastederived soil amendments that meet the standards and criteria
in this section may apply for exemption from solid waste per70.95.205
(2006 Ed.)
Solid Waste Management—Reduction and Recycling
mitting as required under RCW 70.95.170. The application
shall be submitted to the department in a format determined
by the department or an equivalent format. The application
shall include:
(a) Analytical data showing that the waste-derived soil
amendments meet standards established under RCW
15.54.800; and
(b) Other information deemed appropriate by the department to protect human health and the environment.
(2) After receipt of an application, the department shall
review it to determine whether the application is complete,
and forward a copy of the complete application to all interested jurisdictional health departments for review and comment. Within forty-five days, the jurisdictional health departments shall forward their comments and any other information they deem relevant to the department, which shall then
give final approval or disapproval of the application. Every
complete application shall be approved or disapproved by the
department within ninety days after receipt.
(3) The department, after providing opportunity for comments from the jurisdictional health departments, may at any
time revoke an exemption granted under this section if the
quality or use of the waste-derived soil amendment changes
or the management, storage, or end use of the waste-derived
soil amendment constitutes a threat to human health or the
environment.
(4) Any aggrieved party may appeal the determination
by the department in subsection (2) or (3) of this section to
the pollution control hearings board. [1998 c 36 § 18.]
Intent—1998 c 36: See RCW 15.54.265.
Short title—1998 c 36: See note following RCW 15.54.265.
70.95.210
70.95.210 Hearing—Appeal—Denial, suspension—
When effective. Whenever the jurisdictional health department denies a permit or suspends a permit for a solid waste
disposal site, it shall, upon request of the applicant or holder
of the permit, grant a hearing on such denial or suspension
within thirty days after the request therefor is made. Notice of
the hearing shall be given [to] all interested parties including
the county or city having jurisdiction over the site and the
department. Within thirty days after the hearing, the health
officer shall notify the applicant or the holder of the permit in
writing of his determination and the reasons therefor. Any
party aggrieved by such determination may appeal to the pollution control hearings board by filing with the hearings
board a notice of appeal within thirty days after receipt of
notice of the determination of the health officer. The hearings
board shall hold a hearing in accordance with the provisions
of the Administrative Procedure Act, chapter 34.05 RCW. If
the jurisdictional health department denies a permit renewal
or suspends a permit for an operating waste recycling facility
that receives waste from more than one city or county, and
the applicant or holder of the permit requests a hearing or
files an appeal under this section, the permit denial or suspension shall not be effective until the completion of the appeal
process under this section, unless the jurisdictional health
department declares that continued operation of the waste
recycling facility poses a very probable threat to human
health and the environment. [1998 c 90 § 3; 1987 c 109 § 21;
1969 ex.s. c 134 § 21.]
(2006 Ed.)
70.95.215
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
70.95.212
70.95.212 Solid waste collection companies—Notice
of changes in tipping fees and disposal rate schedules. To
provide solid waste collection companies with sufficient time
to prepare and submit tariffs and rate filings for public comment and commission approval, the owner or operator of a
transfer station, landfill, or facility used to burn solid waste
shall provide seventy-five days’ notice to solid waste collection companies of any change in tipping fees and disposal
rate schedules. The notice period shall begin on the date individual notice to a collection company is delivered to the company or is postmarked.
A collection company may agree to a shorter notice
period: PROVIDED, That such agreement by a company
shall not affect the notice requirements for rate filings under
RCW 81.28.050.
The owner of a transfer station, landfill or facility used to
burn solid waste may agree to provide companies with a
longer notice period.
"Solid waste collection companies" as used in this section means the companies regulated by the commission pursuant to chapter 81.77 RCW. [1993 c 300 § 3.]
70.95.215
70.95.215 Landfill disposal facilities—Reserve
accounts required by July 1, 1987—Exception—Rules.
(1) By July 1, 1987, each holder or applicant of a permit for a
landfill disposal facility issued under this chapter shall establish a reserve account to cover the costs of closing the facility
in accordance with state and federal regulations. The account
shall be designed to ensure that there will be adequate revenue available by the projected date of closure. A landfill disposal facility maintained on private property for the sole use
of the entity owning the site and a landfill disposal facility
operated and maintained by a government shall not be
required to establish a reserve account if, to the satisfaction of
the department, the entity or government provides another
form of financial assurance adequate to comply with the
requirements of this section.
(2) By July 1, 1986, the department shall adopt rules
under chapter 34.05 RCW to implement subsection (1) of this
section. The department is not required to adopt rules pertaining to other approved forms of financial assurance to cover
the costs of closing a landfill disposal facility. The rules shall
include but not be limited to:
(a) Methods to estimate closure costs, including postclosure monitoring, pollution prevention measures, and any
other procedures required under state and federal regulations;
(b) Methods to ensure that reserve accounts receive adequate funds, including:
(i) Requirements that the reserve account be generated
by user fees. However, the department may waive this
requirement for existing landfills if user fees would be prohibitively high;
(ii) Requirements that moneys be placed in the reserve
account on a regular basis and that the reserve account be
kept separate from all other accounts; and
(iii) Procedures for the department to verify that adequate sums are deposited in the reserve account; and
[Title 70 RCW—page 235]
70.95.217
Title 70 RCW: Public Health and Safety
(c) Methods to ensure that other types of financial assurance provided in accordance with subsection (1) of this section are adequate to cover the costs of closing the facility.
[2000 c 114 § 1; 1985 c 436 § 1.]
70.95.217
70.95.217 Waste generated outside the state—Findings. The legislature finds that:
(1) The state of Washington has responded to the
increasing challenges of safe, affordable disposal of solid
waste by an ambitious program of waste reduction, recycling
and reuse, as well as strict standards to ensure the safe handling, transportation, and disposal of solid waste;
(2) All communities in Washington participate in these
programs through locally available recycling services,
increased source separation and material recovery requirements, programs for waste reduction and product reuse, and
performance standards that apply to all solid waste disposal
facilities in the state;
(3) New requirements for the siting and performance of
disposal facilities have greatly decreased the number of such
facilities in Washington, and the state has a significant interest in ensuring adequate disposal capacity within the state;
(4) The landfilling, incineration, and other disposal of
solid waste may adversely impact public health and environmental quality, and the state has a significant interest in
decreasing volumes of the waste stream destined for disposal;
(5) Because of the decreasing number of disposal facilities and other reasons, solid waste is being transported greater
distances, often beyond the community where generated and
is increasingly being transported between states;
(6) Washington’s waste management priorities and programs are a balanced approach of increased reuse, recycling
and waste reduction, the strengthening of markets for recycled content products, and the safe disposal of the remaining
waste stream, with the costs of these programs shared equitably by all persons generating waste in the state;
(7) Those residing in other states who generate waste
destined for disposal within Washington should also share
the costs of waste diversion and management of Washington’s disposal facilities, so that the risks of waste disposal and
the costs of mitigating those risks are shared equitably by all
waste generators, regardless of their location;
(8) Because Washington state may not directly regulate
waste handling, reduction, and recycling activities beyond its
state boundaries, the only reasonable alternative to ensure
this equitable treatment of waste being disposed within
Washington is to implement a program of reviewing such
activities as to waste originating outside of Washington, and
to assign the additional costs, when necessary, to ensure that
the waste meets standards substantially equivalent to those
applicable to waste generated within the state, and, in some
cases, to prohibit disposal of waste where its generation and
management is not subject to standards substantially equivalent to those applicable to waste generated within the state.
[1993 c 286 § 1.]
Severability—1993 c 286: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 286 § 3.]
Effective date—1993 c 286: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[Title 70 RCW—page 236]
ernment and its existing public institutions, and shall take effect immediately
[May 12, 1993]." [1993 c 286 § 4.]
70.95.218
70.95.218 Waste generated outside the state—Solid
waste disposal site facility reporting requirements—Fees.
(1) At least sixty days prior to receiving solid waste generated
from outside of the state, the operator of a solid waste disposal site facility shall report to the department the types and
quantities of waste to be received from an out-of-state source.
The department shall develop guidelines for reporting this
information. The guidelines shall provide for less than sixty
days notice for shipments of waste made on a short-term or
emergency basis. The requirements of this subsection shall
take effect upon completion of the guidelines.
(2) Upon notice under subsection (1) of this section, the
department shall identify all activities and costs necessary to
ensure that solid waste generated out-of-state meets standards
relating to solid waste reduction, recycling, and management
substantially equivalent to those required of solid waste generated within the state. The department may assess a fee on
the out-of-state waste sufficient to recover the actual costs
incurred in ensuring that the out-of-state waste meets equivalent state standards. The department may delegate, to a local
health department, authority to implement the activities identified by the department under this subsection. All money
received from fees imposed under this subsection shall be
deposited into the solid waste management account created
by *RCW 70.95.800, and shall be used solely for the activities required by this section.
(3) The department may prohibit in-state disposal of
solid waste generated from outside of the state, unless the
generators of the waste meet: (a) Waste reduction and recycling requirements substantially equivalent to those applicable in Washington state; and (b) solid waste handling standards substantially equivalent to those applicable in Washington state.
(4) The department may adopt rules to implement this
section. [1993 c 286 § 2.]
*Reviser’s note: RCW 70.95.800 was repealed by 2000 c 150 § 2,
effective July 1, 2001.
Severability—Effective date—1993 c 286: See notes following RCW
70.95.217.
70.95.220
70.95.220 Financial aid to jurisdictional health
departments—Applications—Allocations. Any jurisdictional health department may apply to the department for
financial aid for the enforcement of rules and regulations promulgated under this chapter. Such application shall contain
such information, including budget and program description,
as may be prescribed by regulations of the department.
After receipt of such applications the department may
allocate available funds according to criteria established by
regulations of the department considering population, urban
development, the number of the disposal sites, and geographical area.
The sum allocated to a jurisdictional health department
shall be paid to the treasury from which the operating
expenses of the health department are paid, and shall be used
exclusively for inspections and administrative expenses necessary to enforce applicable regulations. [1969 ex.s. c 134 §
22.]
(2006 Ed.)
Solid Waste Management—Reduction and Recycling
70.95.230
70.95.230 Financial aid to jurisdictional health
departments—Matching funds requirements. The jurisdictional health department applying for state assistance for
the enforcement of this chapter shall match such aid allocated
by the department in an amount not less than twenty-five percent of the total amount spent for such enforcement activity
during the year. The local share of enforcement costs may be
met by cash and contributed services. [1969 ex.s. c 134 § 23.]
70.95.235
70.95.235 Diversion of recyclable material—Penalty.
(1) No person may divert to personal use any recyclable
material placed in a container as part of a recycling program,
without the consent of the generator of such recyclable material or the solid waste collection company operating under the
authority of a town, city, county, or the utilities and transportation commission, and no person may divert to commercial
use any recyclable material placed in a container as part of a
recycling program, without the consent of the person owning
or operating such container.
(2) A violation of subsection (1) of this section is a class
1 civil infraction under chapter 7.80 RCW. Each violation of
this section shall be a separate infraction. [1991 c 319 § 407.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
70.95.240
70.95.240 Unlawful to dump or deposit solid waste
without permit—Penalties—Litter cleanup restitution
payment. (1) After the adoption of regulations or ordinances
by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW
70.95.160, it shall be unlawful for any person to dump or
deposit or permit the dumping or depositing of any solid
waste onto or under the surface of the ground or into the
waters of this state except at a solid waste disposal site for
which there is a valid permit. This section does not:
(a) Prohibit a person from dumping or depositing solid
waste resulting from his or her own activities onto or under
the surface of ground owned or leased by him or her when
such action does not violate statutes or ordinances, or create a
nuisance;
(b) Apply to a person using a waste-derived soil amendment that has been approved by the department under RCW
70.95.205; or
(c) Apply to the application of commercial fertilizer that
has been registered with the department of agriculture as provided in RCW 15.54.325, and that is applied in accordance
with the standards established in RCW 15.54.800(3).
(2)(a) It is a class 3 civil infraction as defined in RCW
7.80.120 for a person to litter in an amount less than or equal
to one cubic foot.
(b) It is a misdemeanor for a person to litter in an amount
greater than one cubic foot but less than one cubic yard. The
person shall also pay a litter cleanup restitution payment
equal to twice the actual cost of cleanup, or fifty dollars per
cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner
and one-half of the restitution payment to the jurisdictional
health department investigating the incident. The court may,
in addition to or in lieu of part or all of the cleanup restitution
payment, order the person to pick up and remove litter from
the property, with prior permission of the legal owner or, in
(2006 Ed.)
70.95.255
the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if
the person cleans up and properly disposes of the litter.
(c) It is a gross misdemeanor for a person to litter in an
amount of one cubic yard or more. The person shall also pay
a litter cleanup restitution payment equal to twice the actual
cost of cleanup, or one hundred dollars per cubic foot of litter,
whichever is greater. The court shall distribute one-half of the
restitution payment to the landowner and one-half of the restitution payment to the jurisdictional health department
investigating the incident. The court may, in addition to or in
lieu of part or all of the cleanup restitution payment, order the
person to pick up and remove litter from the property, with
prior permission of the legal owner or, in the case of public
property, of the agency managing the property. The court
may suspend or modify the litter cleanup restitution payment
for a first-time offender under this section, if the person
cleans up and properly disposes of the litter.
(d) If a junk vehicle is abandoned in violation of this
chapter, RCW 46.55.230 governs the vehicle’s removal, disposal, and sale, and the penalties that may be imposed against
the person who abandoned the vehicle. [2001 c 139 § 2; 2000
c 154 § 3; 1998 c 36 § 19; 1997 c 427 § 4; 1993 c 292 § 3;
1969 ex.s. c 134 § 24.]
Severability—2000 c 154: See note following RCW 70.93.030.
Intent—1998 c 36: See RCW 15.54.265.
Short title—1998 c 36: See note following RCW 15.54.265.
70.95.250
70.95.250 Name appearing on waste material—Presumption. Whenever solid wastes dumped in violation of
RCW 70.95.240 contain three or more items bearing the
name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items
committed the unlawful act of dumping. [1969 ex.s. c 134 §
25.]
70.95.255
70.95.255 Disposal of sewage sludge or septic tank
sludge prohibited—Exemptions—Uses of sludge material
permitted. After January 1, 1988, the department of ecology
may prohibit disposal of sewage sludge or septic tank sludge
(septage) in landfills for final disposal, except on a temporary, emergency basis, if the jurisdictional health department
determines that a potentially unhealthful circumstance exists.
Beneficial uses of sludge in landfill reclamation is acceptable
utilization and not considered disposal.
The department of ecology shall adopt rules that provide
exemptions from this section on a case-by-case basis.
Exemptions shall be based on the economic infeasibility of
using or disposing of the sludge material other than in a landfill.
The department of ecology, in conjunction with the
department of health and the department of agriculture, shall
adopt rules establishing labeling and notification requirements for sludge material sold commercially or given away
to the public. The department shall specify mandatory wording for labels and notification to warn the public against
improper use of the material. [1992 c 174 § 15; 1986 c 297 §
1.]
[Title 70 RCW—page 237]
70.95.260
Title 70 RCW: Public Health and Safety
70.95.260
70.95.260 Duties of department—State solid waste
management plan—Assistance—Coordination—Tire
recycling. The department shall in addition to its other powers and duties:
(1) Cooperate with the appropriate federal, state, interstate and local units of government and with appropriate private organizations in carrying out the provisions of this chapter.
(2) Coordinate the development of a solid waste management plan for all areas of the state in cooperation with local
government, the department of community, trade, and economic development, and other appropriate state and regional
agencies. The plan shall relate to solid waste management for
twenty years in the future and shall be reviewed biennially,
revised as necessary, and extended so that perpetually the
plan shall look to the future for twenty years as a guide in carrying out a state coordinated solid waste management program. The plan shall be developed into a single integrated
document and shall be adopted no later than October 1990.
The plan shall be revised regularly after its initial completion
so that local governments revising local comprehensive solid
waste management plans can take advantage of the data and
analysis in the state plan.
(3) Provide technical assistance to any person as well as
to cities, counties, and industries.
(4) Initiate, conduct, and support research, demonstration projects, and investigations, and coordinate research programs pertaining to solid waste management systems.
(5) Develop statewide programs to increase public
awareness of and participation in tire recycling, and to stimulate and encourage local private tire recycling centers and
public participation in tire recycling.
(6) May, under the provisions of the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter
amended, from time to time promulgate such rules and regulations as are necessary to carry out the purposes of this chapter. [1995 c 399 § 189; 1989 c 431 § 9. Prior: 1985 c 345 §
8; 1985 c 6 § 23; 1969 ex.s. c 134 § 26.]
Study—1989 c 431: "The institute for urban and local studies at Eastern Washington State University shall conduct a study of enforcement of
solid waste management laws and regulations as a component of the 1990
state solid waste management plan. This study shall include, but shall not be
limited to:
(1) A review of current state and local solid waste rules, requirements,
policies, and resources devoted to state and local solid waste enforcement,
and of the effectiveness of these programs in promoting environmental
health and public safety;
(2) An examination of federal regulations and the latest proposed
amendments to the Resource Conservation and Recovery Act, in subtitle D
of the code of federal regulations;
(3) A review of regulatory approaches used by other states;
(4) A review and evaluation of educational and technical assistance
programs related to enforcement;
(5) An inventory of regulatory compliance for all processing and disposal facilities handling mixed solid waste;
(6) A review of the role and effectiveness of other enforcement jurisdictions;
(7) An evaluation of the need for redefining institutional roles and
responsibilities for enforcement of solid waste management laws and regulations in order to establish public confidence in solid waste management systems and ensure public protection; and
(8) An evaluation of possible benefits in separating the solid waste
planning and technical assistance responsibilities from the enforcement
responsibilities within the department." [1989 c 431 § 96.]
[Title 70 RCW—page 238]
70.95.263
70.95.263 Additional powers and duties of department. The department shall in addition to its other duties and
powers under this chapter:
(1) Prepare the following:
(a) A management system for recycling waste paper generated by state offices and institutions in cooperation with
such offices and institutions;
(b) An evaluation of existing and potential systems for
recovery of energy and materials from solid waste with recommendations to affected governmental agencies as to those
systems which would be the most appropriate for implementation;
(c) A data management system to evaluate and assist the
progress of state and local jurisdictions and private industry
in resource recovery;
(d) Identification of potential markets, in cooperation
with private industry, for recovered resources and the impact
of the distribution of such resources on existing markets;
(e) Studies on methods of transportation, collection,
reduction, separation, and packaging which will encourage
more efficient utilization of existing waste recovery facilities;
(f) Recommendations on incentives, including state
grants, loans, and other assistance, to local governments
which will encourage the recovery and recycling of solid
wastes.
(2) Provide technical information and assistance to state
and local jurisdictions, the public, and private industry on
solid waste recovery and/or recycling.
(3) Procure and expend funds available from federal
agencies and other sources to assist the implementation by
local governments of solid waste recovery and/or recycling
programs, and projects.
(4) Conduct necessary research and studies to carry out
the purposes of this chapter.
(5) Encourage and assist local governments and private
industry to develop pilot solid waste recovery and/or recycling projects.
(6) Monitor, assist with research, and collect data for use
in assessing feasibility for others to develop solid waste
recovery and/or recycling projects. [1998 c 245 § 131; 1975’76 2nd ex.s. c 41 § 5.]
70.95.265
70.95.265 Department to cooperate with public and
private departments, agencies and associations. The
department shall work closely with the department of community, trade, and economic development, the department of
general administration, and with other state departments and
agencies, the Washington state association of counties, the
association of Washington cities, and business associations,
to carry out the objectives and purposes of chapter 41, Laws
of 1975-’76 2nd ex. sess. [1995 c 399 § 190; 1985 c 466 § 69;
1975-’76 2nd ex.s. c 41 § 6.]
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
70.95.267
70.95.267 Department authorized to disburse referendum 26 (chapter 43.83A RCW) fund for local government solid waste projects. The department is authorized to
use referendum 26 (chapter 43.83A RCW) funds of the
Washington futures account to disburse to local governments
(2006 Ed.)
Solid Waste Management—Reduction and Recycling
in developing solid waste recovery and/or recycling projects.
[1975-’76 2nd ex.s. c 41 § 10.]
70.95.268
70.95.268 Department authorized to disburse funds
under chapter 43.99F RCW for local government solid
waste projects. The department is authorized to use funds
under chapter 43.99F RCW to disburse to local governments
in developing solid waste recovery or recycling projects. Priority shall be given to those projects that use incineration of
solid waste to produce energy and to recycling projects.
[1984 c 123 § 10.]
70.95.270
70.95.270 Hazardous substance remedial actions—
Procedural requirements not applicable. The procedural
requirements of this chapter shall not apply to any person
conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The
department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent
decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or during the department-conducted remedial
action, through the procedures developed by the department
pursuant to RCW 70.105D.090. [1994 c 257 § 16.]
Severability—1994 c 257: See note following RCW 36.70A.270.
70.95.280
70.95.280 Determination of best solid waste management practices—Department to develop method to monitor waste stream—Collectors to report quantity and quality of waste—Confidentiality of proprietary information.
The department of ecology shall determine the best management practices for categories of solid waste in accordance
with the priority solid waste management methods established in RCW 70.95.010. In order to make this determination, the department shall conduct a comprehensive solid
waste stream analysis and evaluation. Following establishment of baseline data resulting from an initial in-depth analysis of the waste stream, the department shall develop a less
intensive method of monitoring the disposed waste stream
including, but not limited to, changes in the amount of waste
generated and waste type. The department shall monitor
curbside collection programs and other waste segregation and
disposal technologies to determine, to the extent possible, the
effectiveness of these programs in terms of cost and participation, their applicability to other locations, and their implications regarding rules adopted under this chapter. Persons
who collect solid waste shall annually report to the department the types and quantities of solid waste that are collected
and where it is delivered. The department shall adopt guidelines for reporting and for keeping proprietary information
confidential. [1989 c 431 § 13; 1988 c 184 § 1.]
Recovered materials transportation, utilities and transportation commission
to adopt rules for reporting under RCW 70.95.280: RCW 81.80.450.
70.95.285
70.95.285 Solid waste stream analysis. The comprehensive, statewide solid waste stream analysis under RCW
70.95.280 shall be based on representative solid waste generation areas and solid waste generation sources within the
(2006 Ed.)
70.95.300
state. The following information and evaluations shall be
included:
(1) Solid waste generation rates for each category;
(2) The rate of recycling being achieved within the state
for each category of solid waste;
(3) The current and potential rates of solid waste reduction within the state;
(4) A technological assessment of current solid waste
reduction and recycling methods and systems, including
cost/benefit analyses;
(5) An assessment of the feasibility of segregating solid
waste at: (a) The original source, (b) transfer stations, and (c)
the point of final disposal;
(6) A review of methods that will increase the rate of
solid waste reduction; and
(7) An assessment of new and existing technologies that
are available for solid waste management including an analysis of the associated environmental risks and costs.
The data required by the analysis under this section shall
be kept current and shall be available to local governments
and the waste management industry. [1988 c 184 § 2.]
70.95.290
70.95.290 Solid waste stream evaluation. (1) The
evaluation of the solid waste stream required in RCW
70.95.280 shall include the following elements:
(a) The department shall determine which management
method for each category of solid waste will have the least
environmental impact; and
(b) The department shall evaluate the costs of various
management options for each category of solid waste, including a review of market availability, and shall take into consideration the economic impact on affected parties;
(c) Based on the results of (a) and (b) of this subsection,
the department shall determine the best management for each
category of solid waste. Different management methods for
the same categories of waste may be developed for different
parts of the state.
(2) The department shall give priority to evaluating categories of solid waste that, in relation to other categories of
solid waste, comprise a large volume of the solid waste
stream or present a high potential of harm to human health.
At a minimum the following categories of waste shall be
evaluated:
(a) By January 1, 1989, yard waste and other biodegradable materials, paper products, disposable diapers, and batteries; and
(b) By January 1, 1990, metals, glass, plastics, styrofoam
or rigid lightweight cellular polystyrene, and tires. [1988 c
184 § 3.]
70.95.295
70.95.295 Analysis and evaluation to be incorporated
in state solid waste management plan. The department
shall incorporate the information from the analysis and evaluation conducted under RCW 70.95.280 through 70.95.290
to the state solid waste management plan under RCW
70.95.260. The plan shall be revised periodically as the evaluation and analysis is updated. [1988 c 184 § 4.]
70.95.300
70.95.300 Solid waste—Beneficial uses—Permitting
requirement exemptions. (1) The department may by rule
[Title 70 RCW—page 239]
70.95.305
Title 70 RCW: Public Health and Safety
exempt a solid waste from the permitting requirements of this
chapter for one or more beneficial uses. In adopting such
rules, the department shall specify both the solid waste that is
exempted from the permitting requirements and the beneficial use or uses for which the solid waste is so exempted. The
department shall consider: (a) Whether the material will be
beneficially used or reused; and (b) whether the beneficial
use or reuse of the material will present threats to human
health or the environment.
(2) The department may also exempt a solid waste from
the permitting requirements of this chapter for one or more
beneficial uses by approving an application for such an
exemption. The department shall establish by rule procedures
under which a person may apply to the department for such
an exemption. The rules shall establish criteria for providing
such an exemption, which shall include, but not be limited to:
(a) The material will be beneficially used or reused; and (b)
the beneficial use or reuse of the material will not present
threats to human health or the environment. Rules adopted
under this subsection shall identify the information that an
application shall contain. Persons seeking such an exemption
shall apply to the department under the procedures established by the rules adopted under this subsection.
(3) After receipt of an application filed under rules
adopted under subsection (2) of this section, the department
shall review the application to determine whether it is complete, and forward a copy of the completed application to all
jurisdictional health departments for review and comment.
Within forty-five days, the jurisdictional health departments
shall forward to the department their comments and any other
information they deem relevant to the department’s decision
to approve or disapprove the application. Every complete
application shall be approved or disapproved by the department within ninety days of receipt. If the application is
approved by the department, the solid waste is exempt from
the permitting requirements of this chapter when used anywhere in the state in the manner approved by the department.
If the composition, use, or reuse of the solid waste is not consistent with the terms and conditions of the department’s
approval of the application, the use of the solid waste remains
subject to the permitting requirements of this chapter.
(4) The department shall establish procedures by rule for
providing to the public and the solid waste industry notice of
and an opportunity to comment on each application for an
exemption under subsection (2) of this section.
(5) Any jurisdictional health department or applicant
may appeal the decision of the department to approve or disapprove an application under subsection (3) of this section.
The appeal shall be made to the pollution control hearings
board by filing with the hearings board a notice of appeal
within thirty days of the decision of the department. The
hearings board’s review of the decision shall be made in
accordance with chapter 43.21B RCW and any subsequent
appeal of a decision of the board shall be made in accordance
with RCW 43.21B.180.
(6) This section shall not be deemed to invalidate the
exemptions or determinations of nonapplicability in the
department’s solid waste rules as they exist on June 11, 1998,
which exemptions and determinations are recognized and
confirmed subject to the department’s continuing authority to
[Title 70 RCW—page 240]
modify or revoke those exemptions or determinations by rule.
[1998 c 156 § 2.]
70.95.305 Solid waste handling permit—Exemption
from requirements—Application of section—Rules. (1)
Notwithstanding any other provision of this chapter, the
department may by rule exempt from the requirements to
obtain a solid waste handling permit any category of solid
waste handling facility that it determines to:
(a) Present little or no environmental risk; and
(b) Meet the environmental protection and performance
requirements required for other similar solid waste facilities.
(2) This section does not apply to any facility or category
of facilities that:
(a) Receives municipal solid waste destined for final disposal, including but not limited to transfer stations, landfills,
and incinerators;
(b) Applies putrescible solid waste on land for final disposal purposes;
(c) Handles mixed solid wastes that have not been processed to segregate solid waste materials destined for disposal from other solid waste materials destined for a beneficial use or recycling;
(d) Receives or processes organic waste materials into
compost in volumes that generally far exceed those handled
by municipal park departments, master gardening programs,
and households; or
(e) Receives solid waste destined for recycling or reuse,
the operation of which is determined by the department to
present risks to human health and the environment.
(3) Rules adopted under this section shall contain such
terms and conditions as the department deems necessary to
ensure compliance with applicable statutes and rules. If a
facility does not operate in compliance with the terms and
conditions established for an exemption under subsection (1)
of this section, the facility is subject to the permitting requirements for solid waste handling under this chapter.
(4) This section shall not be deemed to invalidate the
exemptions or determinations of nonapplicability in the
department’s solid waste rules as they exist on June 11, 1998,
which exemptions and determinations are recognized and
confirmed subject to the department’s continuing authority to
modify or revoke those exemptions or determinations by rule.
[2005 c 394 § 3; 1998 c 156 § 5.]
70.95.305
Intent—Severability—2005 c 394: See notes following RCW
70.95.400.
70.95.306 Composting of bovine and equine carcasses—Guidelines—Exemption from solid waste handling rules. (1) By July 1, 2005, the department of ecology
and the department of agriculture, in consultation with the
department of health, shall make available to livestock producers clearly written guidelines for the composting of
bovine and equine carcasses for routine animal disposal.
(2) Composters of bovine and equine carcasses are
exempt from the metals testing and permit requirements
under the solid waste handling rules for compost that is distributed off-site if the following conditions are met:
(a) The carcasses to be composted are not known or suspected to be affected with a prion-protein disease such as
bovine spongiform encephalopathy, a spore-forming disease
70.95.306
(2006 Ed.)
Solid Waste Management—Reduction and Recycling
such as anthrax or other diseases designated by the state veterinarian;
(b) The composter follows the written guidelines provided for in subsection (1) of this section;
(c) The composter does not accept for composting animal mortalities from other sources not directly affiliated with
the composter’s operation;
(d) The composter provides information to the end-user
that includes the source of the material; the quality of the
compost as to its nutrient content, pathogens, and stability;
and the restrictions on use of the compost as stated in (f) of
this subsection;
(e) The composter reports annually to the department the
number of bovines and equines and the amounts of other
material composted, including the composter’s best estimate
of the tonnage or yardage involved; and
(f) The end-user applies the compost only to agricultural
lands that are not used for the production of root crops except
as prescribed in the guidelines and ensures no compost comes
into contact with the crops harvested from the lands where
the compost is applied.
(3) If a compost production facility does not operate in
compliance with the terms and conditions established for an
exemption in this section, the facility shall be subject to the
permitting requirements for solid waste handling under this
chapter. [2005 c 510 § 6.]
70.95.310
70.95.310 Rules—Department "deferring" to other
permits—Application of section. (1) Notwithstanding any
other provisions of this chapter, the department shall adopt
rules:
(a) Describing when a jurisdictional health department
may, at its discretion, waive the requirement that a permit be
issued for a facility under this chapter if other air, water, or
environmental permits are issued for the same facility. As
used in this section, a jurisdictional health department’s
waiving the requirement that a permit be issued for a facility
under this chapter based on the issuance of such other permits
for the facility is the health department’s "deferring" to the
other permits; and
(b) Allowing deferral only if the applicant and the jurisdictional health department demonstrate that other permits
for the facility will provide a comparable level of protection
for human health and the environment that would be provided by a solid waste handling permit.
(2) This section does not apply to any transfer station,
landfill, or incinerator that receives municipal solid waste
destined for final disposal.
(3) If, before June 11, 1998, either the department or a
jurisdictional health department has deferred solid waste permitting or regulation of a solid waste facility to permitting or
regulation under other environmental permits for the same
facility, such deferral is valid and shall not be affected by the
rules developed under subsection (1) of this section.
(4) Rules adopted under this section shall contain such
terms and conditions as the department deems necessary to
ensure compliance with applicable statutes and rules. [1998
c 156 § 6.]
(2006 Ed.)
70.95.410
70.95.315
70.95.315 Penalty. The department may assess a civil
penalty in an amount not to exceed one thousand dollars per
day per violation to any person exempt from solid waste permitting in accordance with RCW 70.95.300, 70.95.305, or
70.95.306 who fails to comply with the terms and conditions
of the exemption. Each such violation shall be a separate and
distinct offense, and in the case of a continuing violation,
each day’s continuance shall be a separate and distinct violation. [2005 c 510 § 7; 1998 c 156 § 7.]
70.95.320
70.95.320 Construction. Nothing in chapter 156, Laws
of 1998 may be construed to affect chapter 81.77 RCW and
the authority of the utilities and transportation commission.
[1998 c 156 § 9.]
70.95.400
70.95.400 Transporters—Definition—Registration
required—Penalties. (1) For the purposes of this section
and RCW 70.95.410, "transporter" means any person or
entity that transports recyclable materials from commercial
or industrial generators over the public highways of the state
of Washington for compensation, and who are required to
possess a permit to operate from the Washington utilities and
transportation commission under chapter 81.80 RCW.
"Transporter" includes commercial recycling operations of
certificated solid waste collection companies as provided in
chapter 81.77 RCW. "Transporter" does not include:
(a) Carriers of commercial recyclable materials, when
such materials are owned or being bought or sold by the
entity or person, and being carried in their own vehicle, when
such activity is incidental to the conduct of an entity or person’s primary business;
(b) Entities or persons hauling their own recyclables or
hauling recyclables they generated or purchased and transported in their own vehicles;
(c) Nonprofit or charitable organizations collecting and
transporting recyclable materials from a buyback center, drop
box, or from a commercial or industrial generator of recyclable materials;
(d) City municipal solid waste departments or city solid
waste contractors; or
(e) Common carriers under chapter 81.80 RCW whose
primary business is not the transportation of recyclable materials.
(2) All transporters shall register with the department
prior to the transportation of recyclable materials. The
department shall supply forms for registration.
(3) A transporter who transports recyclable materials
within the state without a transporter registration required by
this section is subject to a civil penalty in an amount up to one
thousand dollars per violation. [2005 c 394 § 4.]
Intent—2005 c 394: "It is the intent of the legislature to improve recycling, eliminate illegal disposal of recyclable materials, protect consumers
from sham recycling, and to further the purposes of RCW 70.95.020 and the
goal of consistency in jurisdictional treatment of the statewide solid waste
management plan adopted by the department of ecology." [2005 c 394 § 1.]
Severability—2005 c 394: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 394 § 9.]
70.95.410
70.95.410 Transporters—Delivery of recyclable
materials to transfer station or landfill prohibited—
[Title 70 RCW—page 241]
70.95.420
Title 70 RCW: Public Health and Safety
Records—Penalty. (1) A transporter may not deliver any
recyclable materials for disposal to a transfer station or landfill.
(2) A transporter shall keep records of locations and
quantities specifically identified in relation to a generator’s
name, service date, address, and invoice, documenting where
recyclables have been sold, delivered for processing, or otherwise marketed. These records must be retained for two
years from the date of collection, and must be made accessible for inspection by the department and the local health
department.
(3) A transporter who violates the provisions of this section is subject to a civil penalty of up to one thousand dollars
per violation. [2005 c 394 § 5.]
Intent—Severability—2005 c 394: See notes following RCW
70.95.400.
70.95.420
70.95.420 Damages. Any person damaged by a violation of RCW 70.95.400 through 70.95.440 may bring a civil
action for such a violation by seeking either injunctive relief
or damages, or both, in the superior court of the county in
which the violation took place or in Thurston county. The
prevailing party in such an action is entitled to reasonable
costs and attorneys’ fees, including those on appeal. [2005 c
394 § 6.]
Intent—Severability—2005 c 394: See notes following RCW
70.95.400.
70.95.430
70.95.430 Solid waste recyclers—Notice—Report—
Penalty. (1) All facilities that recycle solid waste, except for
those facilities with a current solid waste handling permit
issued under RCW 70.95.170, must notify the department in
writing within thirty days prior to operation, or ninety days
from July 24, 2005, for existing recycling operations, of the
intent to conduct recycling in accordance with this section.
Notification must be in writing, and include:
(a) Contact information for the person conducting the
recycling activity;
(b) A general description of the recycling activity;
(c) A description of the types of solid waste being recycled; and
(d) A general explanation of the recycling processes and
methods.
(2) Each facility that recycles solid waste, except those
facilities with a current solid waste handling permit issued
under RCW 70.95.170, shall prepare and submit an annual
report to the department by April 1st on forms supplied by the
department. The annual report must detail recycling activities during the previous calendar year and include the following information:
(a) The name and address of the recycling operation;
(b) The calendar year covered by the report;
(c) The annual quantities and types of waste received,
recycled, and disposed, in tons, for purposes of determining
progress towards achieving the goals of waste reduction,
waste recycling, and treatment in accordance with RCW
70.95.010(4); and
(d) Any additional information required by written notification of the department that is needed to determine
progress towards achieving the goals of waste reduction,
[Title 70 RCW—page 242]
waste recycling, and treatment in accordance with RCW
70.95.010(4).
(3) Any facility, except for product take-back centers,
that recycles solid waste materials within the state without
first obtaining a solid waste handling permit under RCW
70.95.170 or completing a notification under this section is
subject to a civil penalty of up to one thousand dollars per
violation. [2005 c 394 § 7.]
Intent—Severability—2005 c 394: See notes following RCW
70.95.400.
70.95.440 Financial assurance requirements. (1) The
department may adopt rules that establish financial assurance
requirements for recycling facilities that do not already have
financial assurance requirements under this chapter, or are
not already specifically exempted from financial assurance
requirements under this chapter. The financial assurance
requirements must take into consideration the amounts and
types of recyclable materials recycled at the facility, and the
potential closure and postclosure costs associated with the
recycling facility; which assurance may consist of posting of
a surety bond in an amount sufficient to meet these requirements or other financial instrument, but in no case less than
ten thousand dollars.
(2) A recycling facility is required to meet financial
assurance requirements adopted by the department by rule,
unless the facility is already required to provide financial
assurance under other provisions of this chapter.
(3) Facilities that collect, recover, process, or otherwise
recycle scrap metal, processed scrap metal, unprocessed
home scrap metal, and unprocessed prompt scrap metal are
exempt from the requirements of this section. [2005 c 394 §
8.]
70.95.440
Intent—Severability—2005 c 394: See notes following RCW
70.95.400.
70.95.500 Disposal of vehicle tires outside designated
area prohibited—Penalty—Exemption. (1) No person
may drop, deposit, discard, or otherwise dispose of vehicle
tires on any public property or private property in this state or
in the waters of this state whether from a vehicle or otherwise, including, but not limited to, any public highway, public park, beach, campground, forest land, recreational area,
trailer park, highway, road, street, or alley unless:
(a) The property is designated by the state, or by any of
its agencies or political subdivisions, for the disposal of discarded vehicle tires; and
(b) The person is authorized to use the property for such
purpose.
(2) A violation of this section is punishable by a civil
penalty, which shall not be less than two hundred dollars nor
more than two thousand dollars for each offense.
(3) This section does not apply to the storage or deposit
of vehicle tires in quantities deemed exempt under rules
adopted by the department of ecology under its functional
standards for solid waste. [1985 c 345 § 4.]
70.95.500
70.95.510 Fee on the retail sale of new replacement
vehicle tires. (1) There is levied a one dollar per tire fee on
the retail sale of new replacement vehicle tires for a period of
five years, beginning July 1, 2005. The fee imposed in this
70.95.510
(2006 Ed.)
Solid Waste Management—Reduction and Recycling
section shall be paid by the buyer to the seller, and each seller
shall collect from the buyer the full amount of the fee. The
fee collected from the buyer by the seller less the ten percent
amount retained by the seller as provided in RCW
70.95.535(1) shall be paid to the department of revenue in
accordance with RCW 82.32.045.
(2) The department of revenue shall incorporate into the
agency’s regular audit cycle a reconciliation of the number of
tires sold and the amount of revenue collected by the businesses selling new replacement vehicle tires at retail. The
department of revenue shall collect on the business excise tax
return from the businesses selling new replacement vehicle
tires at retail:
(a) The number of tires sold; and
(b) The fee levied in this section.
(3) All other applicable provisions of chapter 82.32
RCW have full force and application with respect to the fee
imposed under this section. The department of revenue shall
administer this section.
(4) For the purposes of this section, "new replacement
vehicle tires" means tires that are newly manufactured for
vehicle purposes and does not include retreaded vehicle tires.
[2005 c 354 § 2; 1989 c 431 § 92; 1985 c 345 § 5.]
Finding—Intent—2005 c 354: "The legislature finds that discarded
tires in unauthorized dump sites pose a health and safety risk to the public.
Many of these tire piles have been in existence for a significant amount of
time and are a continuing challenge to state and local officials responsible for
cleaning up unauthorized dump sites and preventing further accumulation of
waste tires. Therefore it is the intent of the legislature to document the extent
of the problem, create and fund an effective program to eliminate unauthorized tire piles, and minimize potential future problems and costs." [2005 c
354 § 1.]
Severability—2005 c 354: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 354 § 11.]
Effective date—2005 c 354: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005."
[2005 c 354 § 12.]
70.95.515
70.95.515 Fee on the retail sale of new replacement
vehicle tires—Failure to collect, pay to department—Penalties. (1) The fee required by this chapter, to be collected by
the seller, shall be deemed to be held in trust by the seller
until paid to the department of revenue, and any seller who
appropriates or converts the fee collected to his or her own
use or to any use other than the payment of the fee to the
extent that the money required to be collected is not available
for payment on the due date as prescribed in this chapter is
guilty of a gross misdemeanor.
(2) In case any seller fails to collect the fee imposed in
this chapter or, having collected the fee, fails to pay it to the
department of revenue in the manner prescribed by this chapter, whether such failure is the result of his or her own acts or
the result of acts or conditions beyond his or her control, he
or she shall, nevertheless, be personally liable to the state for
the amount of the fee.
(3) The amount of the fee, until paid by the buyer to the
seller or to the department of revenue, shall constitute a debt
from the buyer to the seller and any seller who fails or refuses
to collect the fee as required with intent to violate the provisions of this chapter or to gain some advantage or benefit,
(2006 Ed.)
70.95.530
either direct or indirect, and any buyer who refuses to pay any
fee due under this chapter is guilty of a misdemeanor. [2005
c 354 § 4.]
Finding—Intent—Severability—Effective date—2005 c 354: See
notes following RCW 70.95.510.
70.95.521
70.95.521 Waste tire removal account. The waste tire
removal account is created in the state treasury. All receipts
from tire fees imposed under RCW 70.95.510 must be deposited in the account. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be
used for the cleanup of unauthorized waste tire piles and measures that prevent future accumulation of unauthorized waste
tire piles. [2005 c 354 § 3.]
Finding—Intent—Severability—Effective date—2005 c 354: See
notes following RCW 70.95.510.
70.95.530
70.95.530 Waste tire removal account—Use. (1)
Moneys in the waste tire removal account may be appropriated to the department of ecology:
(a) To provide for funding to state and local governments
for the removal of discarded vehicle tires from unauthorized
tire dump sites;
(b) To accomplish the other purposes of RCW 70.95.020
as they relate to waste tire cleanup under this chapter; and
(c) To conduct a study of existing tire cleanup sites. The
office of financial management shall oversee the study process and approve the completed study. The completed study
shall be delivered to the house of representatives and senate
transportation committees by November 15, 2005. In conducting the study, the department shall consult on a regular
basis with interested parties. The following identified elements at a minimum shall be included in the completed study:
(i) Identification of existing tire cleanup sites in the state
of Washington;
(ii) The estimated number of tires in each tire cleanup
site;
(iii) A map identifying the location of each one of the tire
cleanup sites;
(iv) A photograph of each one of the tire cleanup sites;
(v) The estimated cost for cleanup of each tire [cleanup]
site by cost component;
(vi) The estimated reimbursement of costs to be recovered from persons or entities that created or have responsibility for the tire cleanup site;
(vii) Identification of the type of reimbursements for
recovery by each of the tire cleanup sites;
(viii) The estimated time frame to begin the cleanup
project and the estimated completion date for each tire
cleanup site;
(ix) An assessment of local government functions relating to unauthorized tire piles, including cleanup, enforcement, and public health;
(x) Identification of needs in the areas in (c)(ix) of this
subsection for each one of the counties; and
(xi) A statewide cleanup plan based on multiple funding
options between twenty cents and sixty cents for each new
tire sold at retail in the state starting on July 1, 2005. The
plan shall include the estimated time frame to begin each of
the tire cleanup sites and the estimated completion date for
each one of the sites. In addition, the plan must include a pro[Title 70 RCW—page 243]
70.95.535
Title 70 RCW: Public Health and Safety
cess to be followed in selecting entities to perform the tire site
cleanups. The 2006 legislature shall determine the final distribution of the tire cleanup fee and the appropriations for this
statewide tire cleanup plan.
(2) In spending funds in the account under this section,
the department of ecology shall identify communities with
the most severe problems with waste tires and provide funds
first to those communities to remove accumulations of waste
tires.
(3) Immediately after July 1, 2005, the department of
ecology shall initiate a pilot project in a city with a population
between three and four thousand within a county with a population less than twenty thousand to contract to clean up a
formerly licensed tire pile in existence for ten or more years.
To begin the project, the department shall seek to use financial assurance funds set aside for clean up of the tire pile. For
purposes of this subsection, population figures are the official
2004 population as estimated by the office of financial management for purposes of state revenue allocation. [2005 c
354 § 5; 1988 c 250 § 1; 1985 c 345 § 7.]
Finding—Intent—Severability—Effective date—2005 c 354: See
notes following RCW 70.95.510.
70.95.535
70.95.535 Disposition of fee. (1) Every person engaged
in making retail sales of new replacement vehicle tires in this
state shall retain ten percent of the collected one dollar fee.
The moneys retained may be used for costs associated with
the proper management of the waste vehicle tires by the
retailer.
(2) The department of ecology will administer the funds
for the purposes specified in *RCW 70.95.020(5) including,
but not limited to:
(a) Making grants to local governments for pilot demonstration projects for on-site shredding and recycling of tires
from unauthorized dump sites;
(b) Grants to local government for enforcement programs;
(c) Implementation of a public information and education program to include posters, signs, and informational
materials to be distributed to retail tire sales and tire service
outlets;
(d) Product marketing studies for recycled tires and alternatives to land disposal. [1989 c 431 § 93.]
*Reviser’s note: RCW 70.95.020 was amended by 1998 c 90 § 1,
changing subsection (5) to subsection (6).
70.95.540
70.95.540 Cooperation with department to aid tire
recycling. To aid in the statewide tire recycling campaign,
the legislature strongly encourages various industry organizations which are active in resource recycling efforts to provide active cooperation with the department of ecology so
that additional technology can be developed for the tire recycling campaign. [1985 c 345 § 9.]
70.95.545
70.95.545 Tire recycling—Report. The department of
ecology, in conjunction with the appropriate private sector
stakeholders, shall track and report annually to the legislature
the total increase or reduction of tire recycling or reuse rates
in the state for each calendar year and for the cumulative calendar years from June 13, 2002. [2002 c 299 § 9.]
[Title 70 RCW—page 244]
70.95.550 Waste tires—Definitions. Unless the context clearly requires otherwise, the definitions in this section
apply throughout RCW 70.95.555 through 70.95.565.
(1) "Storage" or "storing" means the placing of more
than eight hundred waste tires in a manner that does not constitute final disposal of the waste tires.
(2) "Transportation" or "transporting" means picking up
or transporting waste tires for the purpose of storage or final
disposal.
(3) "Waste tires" means tires that are no longer suitable
for their original intended purpose because of wear, damage,
or defect. [1988 c 250 § 3.]
70.95.550
70.95.555
70.95.555 Waste tires—License for transport or storage business—Requirements. Any person engaged in the
business of transporting or storing waste tires shall be
licensed by the department. To obtain a license, each applicant must:
(1) Provide assurances that the applicant is in compliance with this chapter and the rules regarding waste tire storage and transportation;
(2) Accept liability for and authorize the department to
recover any costs incurred in any cleanup of waste tires transported or newly stored by the applicant in violation of this
section, or RCW 70.95.560, 70.95.515, or 70.95.570, or rules
adopted thereunder, after July 1, 2005;
(3) Until January 1, 2006, post a bond in the sum of ten
thousand dollars in favor of the state of Washington for waste
tires transported or stored before July 1, 2005. In lieu of the
bond, the applicant may submit financial assurances acceptable to the department;
(4) After January 1, 2006, for waste tires transported or
stored before July 1, 2005, or for waste tires transported or
stored after July 1, 2005, post a bond in an amount to be
determined by the department sufficient to cover the liability
for the cost of cleanup of the transported or stored waste tires,
in favor of the state of Washington. In lieu of the bond, the
applicant may submit financial assurances acceptable to the
department;
(5) Be registered in the state of Washington as a business
and be in compliance with all state laws, rules, and local ordinances;
(6) Have a federal tax identification number and be in
compliance with all applicable federal codes and regulations;
and
(7) Report annually to the department the amount of tires
transported and their disposition. Failure to report shall result
in revocation of the license. [2005 c 354 § 6; 1988 c 250 § 4.]
Finding—Intent—Severability—Effective date—2005 c 354: See
notes following RCW 70.95.510.
70.95.560
70.95.560 Waste tires—Violation of RCW
70.95.555—Penalty. (1) Any person who transports or
stores waste tires without a license in violation of RCW
70.95.555 shall be guilty of a gross misdemeanor and upon
conviction shall be punished under RCW 9A.20.021(2).
(2) Any person who transports or stores waste tires without a license in violation of RCW 70.95.555 is liable for the
costs of cleanup of any and all waste tires transported or
stored. This subsection does not apply to the storage of waste
tires when the storage of the tires occurred before July 1,
(2006 Ed.)
Solid Waste Management—Reduction and Recycling
2005, and the storage was licensed in accordance with RCW
70.95.555 at the time the tires were stored. [2005 c 354 § 7;
1989 c 431 § 95; 1988 c 250 § 5.]
Finding—Intent—Severability—Effective date—2005 c 354: See
notes following RCW 70.95.510.
70.95.650
70.95.620 Identification procedure for persons
accepting used vehicle batteries. The department shall
establish a procedure to identify, on an annual basis, those
persons accepting used vehicle batteries from retail establishments. [1989 c 431 § 38.]
70.95.620
70.95.630 Requirements for accepting used batteries
by retailers of vehicle batteries—Notice. A person selling
vehicle batteries at retail in the state shall:
(1) Accept, at the time of purchase of a replacement battery, in the place where the new batteries are physically transferred to the purchasers, and in a quantity at least equal to the
number of new batteries purchased, used vehicle batteries
from the purchasers, if offered by the purchasers. When a
purchaser fails to provide an equivalent used battery or batteries, the purchaser may reclaim the core charge paid under
RCW 70.95.640 by returning, to the point of purchase within
thirty days, a used battery or batteries and a receipt showing
proof of purchase from the establishment where the replacement battery or batteries were purchased; and
(2) Post written notice which must be at least eight and
one-half inches by eleven inches in size and must contain the
universal recycling symbol and the following language:
(a) "It is illegal to put a motor vehicle battery or other
vehicle battery in your garbage."
(b) "State law requires us to accept used motor vehicle
batteries or other vehicle batteries for recycling, in exchange
for new batteries purchased."
(c) "When you buy a battery, state law also requires us to
include a core charge of five dollars or more if you do not
return your old battery for exchange." [1989 c 431 § 39.]
70.95.630
70.95.565
70.95.565 Waste tires—Contracts with unlicensed
persons prohibited. No business may enter into a contract
for:
(1) Transportation of waste tires with an unlicensed
waste tire transporter; or
(2) Waste tire storage with an unlicensed owner or operator of a waste tire storage site. [1988 c 250 § 6.]
70.95.570
70.95.570 Limitations on liability. No person or business, having documented proof that it legally transferred possession of waste tires to a validly licensed transporter or
storer of waste tires or to a validly permitted recycler, has any
further liability related to the waste tires legally transferred.
[2005 c 354 § 8.]
Finding—Intent—Severability—Effective date—2005 c 354: See
notes following RCW 70.95.510.
70.95.600
70.95.600 Educational material promoting household waste reduction and recycling. The department of
ecology, at the request of a local government jurisdiction,
may periodically provide educational material promoting
household waste reduction and recycling to public and private refuse haulers. The educational material shall be distributed to households receiving refuse collection service by
local governments or the refuse hauler providing service. The
refuse hauler may distribute the educational material by any
means that assures timely delivery.
Reasonable expenses incurred in the distribution of this
material shall be considered, for rate-making purposes, as
legitimate operating expenses of garbage and refuse haulers
regulated under chapter 81.77 RCW. [1988 c 175 § 3.]
70.95.640 Retail core charge. Each retail sale of a
vehicle battery shall include, in the price of the battery for
sale, a core charge of not less than five dollars. When a purchaser offers the seller a used battery of equivalent size, the
seller shall omit the core charge from the price of the battery.
[1989 c 431 § 40.]
70.95.640
70.95.650 Vehicle battery wholesalers—Obligations
regarding used batteries—Noncompliance procedure. (1)
A person selling vehicle batteries at wholesale to a retail
establishment in this state shall accept, at the time and place
of transfer, used vehicle batteries in a quantity at least equal
to the number of new batteries purchased, if offered by the
purchaser.
(2) When a battery wholesaler, or agent of the wholesaler, fails to accept used vehicle batteries as provided in this
section, a retailer may file a complaint with the department
and the department shall investigate any such complaint.
(3)(a) The department shall issue an order suspending
any of the provisions of RCW 70.95.630 through 70.95.660
whenever it finds that the market price of lead has fallen to
the extent that new battery wholesalers’ estimated statewide
average cost of transporting used batteries to a smelter or
other person or entity in the business of purchasing used batteries is clearly greater than the market price paid for used
lead batteries by such smelter or person or entity.
(b) The order of suspension shall only apply to batteries
that are sold at retail during the period in which the suspension order is effective.
70.95.650
Effective date—1988 c 175: See note following RCW 43.19.538.
70.95.610
70.95.610 Battery disposal—Restrictions—Violators
subject to fine—"Vehicle battery" defined. (1) No person
may knowingly dispose of a vehicle battery except by delivery to: A person or entity selling lead acid batteries, a person
or entity authorized by the department to accept the battery,
or to a secondary lead smelter.
(2) No owner or operator of a solid waste disposal site
shall knowingly accept for disposal used vehicle batteries
except when authorized to do so by the department or by the
federal government.
(3) Any person who violates this section shall be subject
to a fine of up to one thousand dollars. Each battery will constitute a separate violation. Nothing in this section and RCW
70.95.620 through 70.95.660 shall supersede the provisions
under chapter 70.105 RCW.
(4) For purposes of this section and RCW 70.95.620
through 70.95.660, "vehicle battery" means batteries capable
for use in any vehicle, having a core consisting of elemental
lead, and a capacity of six or more volts. [1989 c 431 § 37.]
(2006 Ed.)
[Title 70 RCW—page 245]
70.95.660
Title 70 RCW: Public Health and Safety
(c) The department shall limit its suspension order to a
definite period not exceeding six months, but shall revoke the
order prior to its expiration date should it find that the reasons
for its issuance are no longer valid. [1989 c 431 § 41.]
70.95.660
70.95.660 Department to distribute printed notice—
Issuance of warnings and citations—Fines. The department shall produce, print, and distribute the notices required
by RCW 70.95.630 to all places where vehicle batteries are
offered for sale at retail and in performing its duties under
this section the department may inspect any place, building,
or premise governed by RCW 70.95.640. Authorized
employees of the agency may issue warnings and citations to
persons who fail to comply with the requirements of RCW
70.95.610 through 70.95.670. Failure to conform to the
notice requirements of RCW 70.95.630 shall subject the violator to a fine imposed by the department not to exceed one
thousand dollars. However, no such fine shall be imposed
unless the department has issued a warning of infraction for
the first offense. Each day that a violator does not comply
with the requirements of chapter 431, Laws of 1989 following the issuance of an initial warning of infraction shall constitute a separate offense. [1989 c 431 § 42.]
70.95.670
70.95.670 Rules. The department shall adopt rules providing for the implementation and enforcement of RCW
70.95.610 through 70.95.660. [1989 c 431 § 43.]
70.95.700
70.95.700 Solid waste incineration or energy recovery facility—Environmental impact statement requirements. No solid waste incineration or energy recovery facility shall be operated prior to the completion of an environmental impact statement containing the considerations
required under RCW 43.21C.030(2)(c) and prepared pursuant to the procedures of chapter 43.21C RCW. This section
does not apply to a facility operated prior to January 1, 1989,
as a solid waste incineration facility or energy recovery facility burning solid waste. [1989 c 431 § 55.]
(4) For the purpose of this section, "sharps waste,"
"sharps waste container," and "pharmacy return program"
shall have the same meanings as provided in RCW
70.95K.010. [1994 c 165 § 5.]
Findings—Purposes—Intent—1994 c 165: See note following RCW
70.95K.010.
70.95.720
70.95.720 Closure of energy recovery and incineration facilities—Recordkeeping requirements. The department shall require energy recovery and incineration facilities
to retain records of monitoring and operation data for a minimum of ten years after permanent closure of the facility.
[1990 c 114 § 4.]
Severability—1990 c 114: See RCW 70.95E.900.
70.95.810
70.95.810 Composting food and yard wastes—
Grants and study. (1) In order to establish the feasibility of
composting food and yard wastes, the department shall provide funds, as available, to local governments submitting a
proposal to compost such wastes.
(2) The department, in cooperation with the department
of community, trade, and economic development, may
approve an application if the project can demonstrate the
essential parameters for successful composting, including,
but not limited to, cost-effectiveness, handling and safety
requirements, and current and potential markets. [1998 c 245
§ 132; 1995 c 399 § 191; 1989 c 431 § 97.]
70.95.900
70.95.900 Authority and responsibility of utilities
and transportation commission not changed. Nothing in
this act shall be deemed to change the authority or responsibility of the Washington utilities and transportation commission to regulate all intrastate carriers. [1969 ex.s. c 134 § 27.]
70.95.901
70.95.901 Severability—1989 c 431. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 431 § 107.]
70.95.710
70.95.710 Incineration of medical waste. Incineration
of medical waste shall be conducted under sufficient burning
conditions to reduce all combustible material to a form such
that no portion of the combustible material is visible in its
uncombusted state. [1989 c 431 § 77.]
70.95.902
70.95.902 Section captions not law—1989 c 431. Captions and headings used in this act do not constitute any part
of the law. [1989 c 431 § 108.]
70.95.903
70.95.715
70.95.715 Sharps waste—Drop-off sites—Pharmacy
return program. (1) A solid waste planning jurisdiction
may designate sharps waste container drop-off sites.
(2) A pharmacy return program shall not be considered a
solid waste handling facility and shall not be required to
obtain a solid waste permit. A pharmacy return program is
required to register, at no cost, with the department. To facilitate designation of sharps waste drop-off sites, the department shall share the name and location of registered pharmacy return programs with jurisdictional health departments
and local solid waste management officials.
(3) A public or private provider of solid waste collection
service may provide a program to collect source separated
residential sharps waste containers as provided in chapter
70.95K RCW.
[Title 70 RCW—page 246]
70.95.903 Application of chapter—Collection and
transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation.
Nothing in this chapter shall prevent a recycling company or
nonprofit entity from collecting and transporting recyclable
materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or
upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting
a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation. [1989 c 431 § 32.]
70.95.910
70.95.910 Severability—1969 ex.s. c 134. If any provision of this act, or its application to any person or circum(2006 Ed.)
Pollution Control—Municipal Bonding Authority
stance is held invalid, the remainder of the act, or the application of the provisions to other persons or circumstances is not
affected. [1969 ex.s. c 134 § 28.]
70.95.911
70.95.911 Severability—1975-’76 2nd ex.s. c 41. If
any provision of this 1976 amendatory act, or its application
to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons
or circumstances is not affected. [1975-’76 2nd ex.s. c 41 §
11.]
70.95A.030
(7) For the reasons set forth in subsection (6) of this section, the provisions of this chapter relating to port districts
and all proceedings heretofore or hereafter taken by port districts pursuant thereto are, and shall be deemed to be, for
industrial development as authorized by Article 8, section 8
of the Washington state Constitution.
This chapter shall be liberally construed to accomplish
the intentions expressed in this section. [1975 c 6 § 1; 1973 c
132 § 2.]
70.95A.020
Chapter 70.95A
Chapter 70.95A RCW
POLLUTION CONTROL—MUNICIPAL
BONDING AUTHORITY
Sections
70.95A.010
70.95A.020
70.95A.030
70.95A.035
70.95A.040
70.95A.045
70.95A.050
70.95A.060
70.95A.070
70.95A.080
70.95A.090
70.95A.100
70.95A.910
70.95A.912
70.95A.920
70.95A.930
70.95A.940
70.95A.010
Legislative declaration—Liberal construction.
Definitions.
Municipalities—Powers.
Actions by municipalities validated.
Municipalities—Revenue bonds for pollution control facilities—Authorized—Construction—Sale, conditions—Form,
terms.
Proceeds of bonds are separate trust funds—Municipal treasurer, compensation.
Revenue bonds—Security—Scope—Default—Authorization
proceedings.
Facilities—Leases authorized.
Facilities—Revenue bonds—Refunding provisions.
Revenue bonds—Disposition of proceeds.
Facilities—Sale or lease—Certain restrictions on municipalities not applicable.
Facilities—Department of ecology certification.
Construction—1973 c 132.
Construction—1975 c 6.
Severability—1973 c 132.
Acquisitions by port districts under RCW 53.08.040—Prior
rights or obligations.
Severability—1975 c 6.
70.95A.010 Legislative declaration—Liberal construction. The legislature finds:
(1) That environmental damage seriously endangers the
public health and welfare;
(2) That such environmental damage results from air,
water, and other resources pollution and from solid waste disposal, noise and other environmental problems;
(3) That to abate or control such environmental damage
antipollution devices, equipment, and facilities must be
acquired, constructed and installed;
(4) That the tax exempt financing permitted by Section
103 of the Internal Revenue Code of 1954, as amended, and
authorized by this chapter results in lower costs of installation of pollution control facilities;
(5) That such lower costs benefit the public with no measurable cost impact;
(6) That the method of financing provided in this chapter
is in the public interest and its use serves a public purpose in
(a) protecting and promoting the health and welfare of the citizens of the cities, towns, counties, and port districts and of
this state by encouraging and accelerating the installation of
facilities for abating or controlling and preventing environmental damage and (b) in attracting and retaining environmentally sound industry in this state which reduces unemployment and provides a more diversified tax base.
(2006 Ed.)
70.95A.020 Definitions. As used in this chapter, unless
the context otherwise requires:
(1) "Municipality" shall mean any city, town, county, or
port district in the state;
(2) "Facility" or "facilities" shall mean any land, building, structure, machinery, system, fixture, appurtenance,
equipment or any combination thereof, or any interest
therein, and all real and personal properties deemed necessary in connection therewith whether or not now in existence,
which is used or to be used by any person, corporation or
municipality in furtherance of the purpose of abating, controlling or preventing pollution;
(3) "Pollution" shall mean any form of environmental
pollution, including but not limited to water pollution, air
pollution, land pollution, solid waste disposal, thermal pollution, radiation contamination, or noise pollution;
(4) "Governing body" shall mean the body or bodies in
which the legislative powers of the municipality are vested;
(5) "Mortgage" shall mean a mortgage or a mortgage and
deed of trust or other security device; and
(6) "Department" shall mean the state department of
ecology. [1973 c 132 § 3.]
70.95A.030
70.95A.030 Municipalities—Powers. In addition to
any other powers which it may now have, each municipality
shall have the following powers:
(1) To acquire, whether by construction, purchase,
devise, gift or lease, or any one or more of such methods, one
or more facilities which shall be located within, or partially
within the municipality;
(2) To lease, lease with option to purchase, sell or sell by
installment sale, any or all of the facilities upon such terms
and conditions as the governing body may deem advisable
but which shall at least fully reimburse the municipality for
all debt service on any bonds issued to finance the facilities
and for all costs incurred by the municipality in financing and
operating the facilities and as shall not conflict with the provisions of this chapter;
(3) To issue revenue bonds for the purpose of defraying
the cost of acquiring or improving any facility or facilities or
refunding any bonds issued for such purpose and to secure
the payment of such bonds as provided in this chapter. Revenue bonds may be issued in one or more series or issues
where deemed advisable, and each such series or issue may
have the same or different maturity dates, interest rates, priorities on revenues available for payment of such bonds and
priorities on security available for assuring payment thereof,
and such other differing terms and conditions as are deemed
necessary and are not in conflict with the provisions of this
chapter. [1973 c 132 § 4.]
[Title 70 RCW—page 247]
70.95A.035
Title 70 RCW: Public Health and Safety
70.95A.035
70.95A.035 Actions by municipalities validated. All
actions heretofore taken by any municipality in conformity
with the provisions of this chapter and the provisions of chapter 6, Laws of 1975 hereby made applicable thereto relating
to pollution control facilities, including but not limited to all
bonds issued for such purposes, are hereby declared to be
valid, legal and binding in all respects. [1975 c 6 § 4.]
Port districts—Pollution control facilities or other industrial development—
Validation: RCW 53.08.041.
(6) Notwithstanding subsections (2) and (3) of this section, such bonds may be issued and sold in accordance with
chapter 39.46 RCW. [1983 c 167 § 174; 1975 c 6 § 3; 1973 c
132 § 5.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Port districts—Pollution control facilities or other industrial development—
Validation: RCW 53.08.041.
70.95A.045
70.95A.040
70.95A.040 Municipalities—Revenue bonds for pollution control facilities—Authorized—Construction—
Sale, conditions—Form, terms. (1) All bonds issued by a
municipality under the authority of this chapter shall be
secured solely by revenues derived from the lease or sale of
the facility. Bonds and any interest coupons issued under the
authority of this chapter shall not constitute nor give rise to a
pecuniary liability of the municipality or a charge against its
general credit or taxing powers. Such limitation shall be
plainly stated upon the face of each of such bonds. The use of
the municipality’s name on revenue bonds authorized hereunder shall not be construed to be the giving or lending of the
municipality’s financial guarantee or pledge, i.e. credit to any
private person, firm, or corporation as the term credit is used
in Article 8, section 7 of the Washington state Constitution.
(2) The bonds referred to in subsection (1) of this section, may (a) be executed and delivered at any time and from
time to time, (b) be in such form and denominations, (c) be of
such tenor, (d) be in bearer or registered form either as to
principal or interest or both, as provided in RCW 39.46.030,
and may provide for conversion between registered and coupon bonds of varying denominations, (e) be payable in such
installments and at such time or times not exceeding forty
years from their date, (f) be payable at such place or places,
(g) bear interest at such rate or rates as may be determined by
the governing body, payable at such place or places within or
without this state and evidenced in such manner, (h) be
redeemable prior to maturity, with or without premium, and
(i) contain such provisions not inconsistent herewith, as shall
be deemed for the best interest of the municipality and provided for in the proceedings of the governing body whereunder the bonds shall be authorized to be issued.
(3) Any bonds issued under the authority of this chapter,
may be sold at public or private sale in such manner and at
such time or times as may be determined by the governing
body to be most advantageous. The municipality may pay all
expenses, premiums and commissions which the governing
body may deem necessary or advantageous in connection
with the authorization, sale and issuance thereof from the
proceeds of the sale of said bonds or from the revenues of the
facilities.
(4) All bonds issued under the authority of this chapter,
and any interest coupons applicable thereto shall be investment securities within the meaning of the uniform commercial code and shall be deemed to be issued by a political subdivision of the state.
(5) The proceeds from any bonds issued under this chapter shall be used only for purposes qualifying under Section
103(c)(4)(f) of the Internal Revenue Code of 1954, as
amended.
[Title 70 RCW—page 248]
70.95A.045 Proceeds of bonds are separate trust
funds—Municipal treasurer, compensation. The proceeds
of any bonds heretofore or hereafter issued in conformity
with the authority of this chapter, together with interest and
premiums thereon, and any revenues used to pay or redeem
any of such bonds, together with interest and any premiums
thereon, shall be separate trust funds and used only for the
purposes permitted herein and shall not be considered to be
money of the municipality. The services of the treasurer of a
municipality, if such treasurer is or has been used, were and
are intended to be for the administrative convenience of
receipt and payment of nonpublic moneys only for which reasonable compensation may be charged by such treasurer or
municipality. [1975 c 6 § 2.]
Port districts—Pollution control facilities or other industrial development—
Validation: RCW 53.08.041.
70.95A.050
70.95A.050 Revenue bonds—Security—Scope—
Default—Authorization proceedings. (1) The principal of
and interest on any bonds issued under the authority of this
chapter (a) shall be secured by a pledge of the revenues
derived from the sale or lease of the facilities out of which
such bonds shall be made payable, (b) may be secured by a
mortgage covering all or any part of the facilities, (c) may be
secured by a pledge or assignment of the lease of such facilities, or (d) may be secured by a trust agreement or such other
security device as may be deemed most advantageous by the
governing body.
(2) The proceedings under which the bonds are authorized to be issued under the provisions of this chapter, and
any mortgage given to secure the same may contain any
agreements and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting (a) the fixing and
collection of rents for any facilities covered by such proceedings or mortgage, (b) the terms to be incorporated in the lease
of such facilities, (c) the maintenance and insurance of such
facilities, (d) the creation and maintenance of special funds
from the revenues of such facilities, and (e) the rights and
remedies available in the event of a default to the bond owners or to the trustee under a mortgage or trust agreement, all
as the governing body shall deem advisable and as shall not
be in conflict with the provisions of this chapter: PROVIDED, That in making any such agreements or provisions a
municipality shall not have the power to obligate itself except
with respect to the facilities and the application of the revenues therefrom, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its
taxing powers.
(3) The proceedings authorizing any bonds under the
provisions of this chapter and any mortgage securing such
bonds may provide that, in the event of a default in the pay(2006 Ed.)
Pollution Control—Municipal Bonding Authority
ment of the principal of or the interest on such bonds or in the
performance of any agreement contained in such proceedings
or mortgage, such payment and performance may be
enforced by mandamus or by the appointment of a receiver in
equity with power to charge and collect rents and to apply the
revenues from the facilities in accordance with such proceedings or the provisions of such mortgage.
(4) Any mortgage made under the provisions of this
chapter, to secure bonds issued thereunder, may also provide
that, in the event of a default in the payment thereof or the
violation of any agreement contained in the mortgage, the
mortgage may be foreclosed and the mortgaged property sold
under proceedings in equity or in any other manner now or
hereafter permitted by law. Such mortgage may also provide
that any trustee under such mortgage or the owner of any of
the bonds secured thereby may become the purchaser at any
foreclosure sale if the highest bidder therefor. No breach of
any such agreement shall impose any pecuniary liability upon
a municipality or any charge upon their general credit or
against their taxing powers.
(5) The proceedings authorizing the issuance of bonds
hereunder may provide for the appointment of a trustee or
trustees for the protection of the owners of the bonds,
whether or not a mortgage is entered into as security for such
bonds. Any such trustee may be a bank with trust powers or a
trust company and shall be located in the United States,
within or without the state of Washington, shall have the
immunities, powers and duties provided in said proceedings,
and may, to the extent permitted by such proceedings, hold
and invest funds deposited with it in direct obligations of the
United States, obligations guaranteed by the United States or
certificates of deposit of a bank (including the trustee) which
are continuously secured by such obligations of or guaranteed by the United States. Any bank acting as such trustee
may, to the extent permitted by such proceedings, buy bonds
issued hereunder to the same extent as if it were not such
trustee. Said proceedings may provide for one or more cotrustees, and any co-trustee may be any competent individual
over the age of twenty-one years or a bank having trust powers or trust company within or without the state. The proceedings authorizing the bonds may provide that some or all of the
proceeds of the sale of the bonds, the revenues of any facilities, the proceeds of the sale of any part of a facility, of any
insurance policy or of any condemnation award be deposited
with the trustee or a co-trustee and applied as provided in said
proceedings. [1983 c 167 § 175; 1973 c 132 § 6.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
70.95A.060
70.95A.060 Facilities—Leases authorized. Prior to
the issuance of the bonds authorized by this chapter, the
municipality may lease the facilities to a lessee or lessees
under an agreement providing for payment to the municipality of such rentals as will be sufficient (a) to pay the principal
of and interest on the bonds issued to finance the facilities, (b)
to pay the taxes on the facilities, (c) to build up and maintain
any reserves deemed by the governing body to be advisable
in connection therewith, and (d) unless the agreement of lease
obligates the lessees to pay for the maintenance and insurance of the facilities, to pay the costs of maintaining the facilities in good repair and keeping the same properly insured.
(2006 Ed.)
70.95A.080
Subject to the limitations of this chapter, the lease or extensions or modifications thereof may contain such other terms
and conditions as may be mutually acceptable to the parties,
and notwithstanding any other provisions of law relating to
the sale of property owned by municipalities, such lease may
contain an option for the lessees to purchase the facilities on
such terms and conditions with or without consideration as
may be mutually acceptable to the parties. [1973 c 132 § 7.]
70.95A.070
70.95A.070 Facilities—Revenue bonds—Refunding
provisions. Any bonds issued under the provisions of this
chapter and at any time outstanding may at any time and from
time to time be refunded by a municipality by the issuance of
its refunding bonds in such amount as the governing body
may deem necessary but not exceeding an amount sufficient
to refund the principal of the bonds to be so refunded,
together with any unpaid interest thereon and any premiums
and commissions necessary to be paid in connection therewith: PROVIDED, That an issue of refunding bonds may be
combined with an issue of additional revenue bonds on any
facilities. Any such refunding may be effected whether the
bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the
application of the proceeds thereof for the payment of the
bonds to be refunded thereby, or by exchange of the refunding bonds for the bonds to be refunded thereby: PROVIDED
FURTHER, That the owners of any bonds to be so refunded
shall not be compelled without their consent to surrender
their bonds for payment or exchange except on the terms
expressed on the face thereof. Any refunding bonds issued
under the authority of this chapter shall be subject to the provisions contained in RCW 70.95A.040 and may be secured in
accordance with the provisions of RCW 70.95A.050. [1983
c 167 § 176; 1973 c 132 § 8.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
70.95A.080
70.95A.080 Revenue bonds—Disposition of proceeds. The proceeds from the sale of any bonds issued under
authority of this chapter shall be applied only for the purpose
for which the bonds were issued: PROVIDED, That any
accrued interest and premium received in any such sale shall
be applied to the payment of the principal of or the interest on
the bonds sold: AND PROVIDED FURTHER, That if for
any reason any portion of such proceeds shall not be needed
for the purpose for which the bonds were issued, then such
unneeded portion of said proceeds shall be applied to the payment of the principal of or the interest on said bonds. The cost
of acquiring or improving any facilities shall be deemed to
include the following: The actual cost of acquiring or
improving real estate for any facilities; the actual cost of construction of all or any part of the facilities which may be constructed, including architects’ and engineers’ fees, all
expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition or improvements; and the interest on such bonds for a reasonable time
prior to construction, during construction, and for a time not
exceeding six months after completion of construction.
[1973 c 132 § 9.]
[Title 70 RCW—page 249]
70.95A.090
Title 70 RCW: Public Health and Safety
70.95A.090
70.95A.090 Facilities—Sale or lease—Certain
restrictions on municipalities not applicable. The facilities
shall be constructed, reconstructed, and improved and shall
be leased, sold or otherwise disposed of in the manner determined by the governing body in its sole discretion and any
requirement of competitive bidding, lease performance bonds
or other restriction imposed on the procedure for award of
contracts for such purpose or the lease, sale or other disposition of property of a municipality is not applicable to any
action taken under authority of this chapter. [1973 c 132 §
10.]
70.95A.100
70.95A.100 Facilities—Department of ecology certification. Upon request by a municipality or by a user of the
facilities the department of ecology may in relation to chapter
54, Laws of 1972 ex. sess. and this chapter issue its certificate
stating that the facilities (1) as designed are in furtherance of
the purpose of abating, controlling or preventing pollution,
and/or (2) as designed or as operated meet state and local
requirements for the control of pollution. This section shall
not be construed as modifying the provisions of RCW
82.34.030; chapter 70.94 RCW; or chapter 90.48 RCW.
[1973 c 132 § 11.]
70.95A.910
70.95A.910 Construction—1973 c 132. Nothing in
this chapter shall be construed as a restriction or limitation
upon any powers which a municipality might otherwise have
under any laws of this state, but shall be construed as cumulative. [1973 c 132 § 12.]
70.95A.912
70.95A.912 Construction—1975 c 6. This 1975 amendatory act shall be liberally construed to accomplish the
intention expressed herein. [1975 c 6 § 6.]
Port districts—Pollution control facilities or other industrial development—
Validation: RCW 53.08.041.
70.95A.920
70.95A.920 Severability—1973 c 132. If any provision
of this 1973 act or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect
other provisions or applications of this 1973 act which can be
given effect without the invalid provision or application, and
to this end the provisions of this act are declared to be severable. [1973 c 132 § 13.]
70.95A.930
70.95A.930 Acquisitions by port districts under
RCW 53.08.040—Prior rights or obligations. All acquisitions by port districts pursuant to RCW 53.08.040 may, at the
option of a port commission, be deemed to be made under
this chapter, or under both: PROVIDED, That nothing contained in this chapter shall impair rights or obligations under
contracts entered into before March 19, 1973. [1973 c 132 §
14.]
70.95A.940
70.95A.940 Severability—1975 c 6. If any provision of
this 1975 amendatory act or the application thereof to any
person or circumstance, is held invalid, such invalidity shall
not affect other provisions or applications of this 1975 amendatory act which can be given effect without the invalid provision or application, and to this end the provisions of this act
are declared to be severable. [1975 c 6 § 7.]
[Title 70 RCW—page 250]
Chapter 70.95B
Chapter 70.95B RCW
DOMESTIC WASTE TREATMENT
PLANTS—OPERATORS
Sections
70.95B.010
70.95B.020
70.95B.030
70.95B.040
70.95B.050
70.95B.060
70.95B.071
70.95B.080
70.95B.090
70.95B.095
70.95B.100
70.95B.110
70.95B.115
70.95B.120
70.95B.130
70.95B.140
70.95B.150
70.95B.900
Legislative declaration.
Definitions.
Wastewater treatment plant operators—Certification required.
Administration of chapter—Rules and regulations—Director’s
duties.
Wastewater treatment plants—Classification.
Criteria and guidelines.
Ad hoc advisory committees.
Certificates—When examination not required.
Certificates—Issuance and renewal conditions.
Certificates—Fees.
Certificates—Revocation procedures.
Administration of chapter—Powers and duties of director.
Licenses or certificates—Suspension for noncompliance with
support order—Reissuance.
Violations.
Certificates—Reciprocity with other states.
Penalties for violations—Injunctions.
Administration of chapter—Receipts—Payment to general
fund.
Effective date—1973 c 139.
Reviser’s note: Chapter 139, Laws of 1973 has been codified as chapter 70.95B RCW to conform with code organization. Section 16 of chapter
139 had directed that the chapter be added to Title 43 RCW.
Public water supply systems—Certification and regulation of operators:
Chapter 70.119 RCW.
70.95B.010
70.95B.010 Legislative declaration. The legislature
declares that competent operation of waste treatment plants
plays an important part in the protection of the environment
of the state and therefore it is of vital interest to the public. In
order to protect the public health and to conserve and protect
the water resources of the state, it is necessary to provide for
the classifying of all domestic wastewater treatment plants; to
require the examination and certification of the persons
responsible for the supervision and operation of such systems; and to provide for the promulgation of rules and regulations to carry out this chapter. [1973 c 139 § 1.]
70.95B.020
70.95B.020 Definitions. As used in this chapter unless
context requires another meaning:
(1) "Director" means the director of the department of
ecology.
(2) "Department" means the department of ecology.
(3) "Certificate" means a certificate of competency
issued by the director stating that the operator has met the
requirements for the specified operator classification of the
certification program.
(4) "Wastewater treatment plant" means a facility used to
treat any liquid or waterborne waste of domestic origin or a
combination of domestic, commercial or industrial origin,
and which by its design requires the presence of an operator
for its operation. It shall not include any facility used exclusively by a single family residence, septic tanks with subsoil
absorption, industrial wastewater treatment plants, or wastewater collection systems.
(5) "Operator in responsible charge" means an individual
who is designated by the owner as the person on-site in
responsible charge of the routine operation of a wastewater
treatment plant.
(6) "Nationally recognized association of certification
authorities" shall mean that organization which serves as an
(2006 Ed.)
Domestic Waste Treatment Plants—Operators
information center for certification activities, recommends
minimum standards and guidelines for classification of potable water treatment plants, water distribution systems and
wastewater facilities and certification of operators, facilitates
reciprocity between state programs and assists authorities in
establishing new certification programs and updating existing ones.
(7) "Wastewater collection system" means any system of
lines, pipes, manholes, pumps, liftstations, or other facilities
used for the purpose of collecting and transporting wastewater.
(8) "Operating experience" means routine performance
of duties, on-site in a wastewater treatment plant, that affects
plant performance or effluent quality.
(9) "Owner" means in the case of a town or city, the city
or town acting through its chief executive officer or the lessee
if operated pursuant to a lease or contract; in the case of a
county, the chairman of the county legislative authority or the
chairman’s designee; in the case of a water-sewer district,
board of public utilities, association, municipality or other
public body, the president or chairman of the body or the
president’s or chairman’s designee; in the case of a privately
owned wastewater treatment plant, the legal owner.
(10) "Wastewater certification program coordinator"
means an employee of the department who administers the
wastewater treatment plant operators’ certification program.
[1999 c 153 § 66; 1995 c 269 § 2901; 1987 c 357 § 1; 1973 c
139 § 2.]
70.95B.090
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.95B.050 Wastewater treatment plants—Classification. The director shall classify all wastewater treatment
plants with regard to the size, type, and other conditions
affecting the complexity of such treatment plants and the
skill, knowledge, and experience required of an operator to
operate such facilities to protect the public health and the
state’s water resources. [1987 c 357 § 4; 1973 c 139 § 5.]
70.95B.050
70.95B.060 Criteria and guidelines. The director is
authorized when taking action pursuant to RCW 70.95B.040
and 70.95B.050 to consider generally applicable criteria and
guidelines developed by a nationally recognized association
of certification authorities. [1973 c 139 § 6.]
70.95B.060
70.95B.071 Ad hoc advisory committees. The director, in cooperation with the secretary of health, may establish
ad hoc advisory committees, as necessary, to obtain advice
and technical assistance regarding the examination and certification of operators of wastewater treatment plants. [1995 c
269 § 2908.]
70.95B.071
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.95B.080 Certificates—When examination not
required. Certificates shall be issued without examination
under the following conditions:
(1) Certificates, in appropriate classifications, shall be
issued without application fee to operators who, on July 1,
1973, hold certificates of competency attained by examination under the voluntary certification program sponsored
jointly by the state department of social and health services,
health services division, and the Pacific Northwest pollution
control association.
(2) Certificates, in appropriate classifications, shall be
issued to persons certified by a governing body or owner to
have been the operator in responsible charge of a waste treatment plant on July 1, 1973. A certificate so issued will be
valid only for the existing plant.
(3) A nonrenewable certificate, temporary in nature, may
be issued for a period not to exceed twelve months, to an
operator who fills a vacated position required to be filled by a
certified operator. Only one such certificate may be issued
subsequent to each instance of vacation of any such position.
[1987 c 357 § 5; 1973 c 139 § 8.]
70.95B.080
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.95B.030
70.95B.030 Wastewater treatment plant operators—
Certification required. As provided for in this chapter, the
individual on-site at a wastewater treatment plant who is designated by the owner as the operator in responsible charge of
the operation and maintenance of the plant on a routine basis
shall be certified at a level equal to or higher than the classification rating of the plant being operated.
If a wastewater treatment plant is operated on more than
one daily shift, the operator in charge of each shift shall be
certified at a level no lower than one level lower than the classification rating of the plant being operated and shall be subordinate to the operator in responsible charge who is certified
at a level equal to or higher than the plant. This requirement
for shift operator certification shall be met by January 1,
1989.
Operators not required to be certified by this chapter are
encouraged to become certified on a voluntary basis. [1987 c
357 § 2; 1973 c 139 § 3.]
70.95B.040
70.95B.040 Administration of chapter—Rules and
regulations—Director’s duties. The director shall adopt
and enforce such rules and regulations as may be necessary
for the administration of this chapter. The rules and regulations shall include, but not be limited to, provisions for the
qualification and certification of operators for different classifications of wastewater treatment plants. [1995 c 269 §
2902; 1987 c 357 § 3; 1973 c 139 § 4.]
(2006 Ed.)
70.95B.090 Certificates—Issuance and renewal conditions. The issuance and renewal of a certificate shall be
subject to the following conditions:
(1) A certificate shall be issued if the operator has satisfactorily passed a written examination, or has met the
requirements of RCW 70.95B.080, and has met the requirements specified in the rules and regulations as authorized by
this chapter, and has paid the department an application fee.
Such application fee shall not exceed fifty dollars.
(2) The term for all certificates shall be from the first of
January of the year of issuance until the thirty-first of Decem70.95B.090
[Title 70 RCW—page 251]
70.95B.095
Title 70 RCW: Public Health and Safety
ber of the renewal year. The renewal period, not to exceed
three years, shall be set by agency rule. Every certificate shall
be renewed upon the payment of a renewal fee and satisfactory evidence presented to the director that the operator demonstrates continued professional growth in the field. Such
renewal fee shall not exceed thirty dollars.
(3) Individuals who fail to renew their certificates before
December 31 of the renewal year, upon notice by the director
shall have their certificates suspended for sixty days. If, during the suspension period, the renewal is not completed, the
director shall give notice of revocation to the employer and to
the operator and the certificate will be revoked ten days after
such notice is given. An operator whose certificate has been
revoked must reapply for certification and will be requested
to meet the requirements of a new applicant. [1987 c 357 § 6;
1973 c 139 § 9.]
70.95B.095
70.95B.095 Certificates—Fees. Effective January 1,
1988, the department shall establish rules for the collection of
fees for the issuance and renewal of certificates as provided
for in RCW 70.95B.090. Beginning January 1, 1992, these
fees shall be sufficient to recover the costs of the certification
program. [1987 c 357 § 9.]
70.95B.100
70.95B.100 Certificates—Revocation procedures.
The director may, after conducting a hearing, revoke a certificate found to have been obtained by fraud or deceit, or for
gross negligence in the operation of a waste treatment plant,
or for violating the requirements of this chapter or any lawful
rule, order or regulation of the department. No person whose
certificate is revoked under this section shall be eligible to
apply for a certificate for one year from the effective date of
this final order or revocation. [1995 c 269 § 2903; 1973 c 139
§ 10.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
of carrying out the provisions of this chapter. [1987 c 357 §
7; 1973 c 139 § 11.]
70.95B.115
70.95B.115 Licenses or certificates—Suspension for
noncompliance with support order—Reissuance. The
director shall immediately suspend the license or certificate
of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be
automatic upon the director’s receipt of a release issued by
the department of social and health services stating that the
licensee is in compliance with the order. [1997 c 58 § 876.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
70.95B.120
70.95B.120 Violations. On and after one year following July 1, 1973, it shall be unlawful for any person, firm,
corporation, municipal corporation, or other governmental
subdivision or agency to operate a wastewater treatment plant
unless the individuals identified in RCW 70.95B.030 are duly
certified by the director under the provisions of this chapter
or any lawful rule, order, or regulation of the department. It
shall also be unlawful for any person to perform the duties of
an operator as defined in this chapter, or in any lawful rule,
order, or regulation of the department, without being duly
certified under the provisions of this chapter. [1987 c 357 §
8; 1973 c 139 § 12.]
70.95B.110
70.95B.110 Administration of chapter—Powers and
duties of director. To carry out the provisions and purposes
of this chapter, the director is authorized and empowered to:
(1) Enter into agreements, contracts, or cooperative
arrangements, under such terms and conditions as the director
deems appropriate with other state, federal, or interstate
agencies, municipalities, education institutions, or other
organizations or individuals.
(2) Receive financial and technical assistance from the
federal government and other public or private agencies.
(3) Participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations.
(4) Upon request, furnish reports, information, and materials relating to the certification program authorized by this
chapter to federal, state, or interstate agencies, municipalities,
education institutions, and other organizations and individuals.
(5) Establish adequate fiscal controls and accounting
procedures to assure proper disbursement of and accounting
for funds appropriated or otherwise provided for the purpose
[Title 70 RCW—page 252]
70.95B.130
70.95B.130 Certificates—Reciprocity with other
states. On or after July 1, 1973, certification of operators by
any state which, as determined by the director, accepts certifications made or certification requirements deemed satisfied
pursuant to the provisions of this chapter, shall be accorded
reciprocal treatment and shall be recognized as valid and sufficient within the purview of this chapter, if in the judgment
of the director the certification requirements of such state are
substantially equivalent to the requirements of this chapter or
any rules or regulations promulgated hereunder.
In making determinations pursuant to this section, the
director shall consult with the *board and may consider any
generally applicable criteria and guidelines developed by the
nationally recognized association of certification authorities.
[1973 c 139 § 13.]
*Reviser’s note: RCW 70.95B.070, which created the water and wastewater operator certification board of examiners, was repealed by 1995 c 269
§ 2907, effective July 1, 1995.
70.95B.140
70.95B.140 Penalties for violations—Injunctions.
Any person, including any firm, corporation, municipal cor(2006 Ed.)
Waste Reduction
poration, or other governmental subdivision or agency violating any provisions of this chapter or the rules and regulations
adopted hereunder, is guilty of a misdemeanor. Each day of
operation in such violation of this chapter or any rules or regulations adopted hereunder shall constitute a separate
offense. Upon conviction, violators shall be fined an amount
not exceeding one hundred dollars for each offense. It shall
be the duty of the prosecuting attorney or the attorney general, as appropriate, to secure injunctions of continuing violations of any provisions of this chapter or the rules and regulations adopted hereunder. [1973 c 139 § 14.]
70.95B.150
70.95B.150 Administration of chapter—Receipts—
Payment to general fund. All receipts realized in the
administration of this chapter shall be paid into the general
fund. [1973 c 139 § 15.]
70.95B.900
70.95B.900 Effective date—1973 c 139. This 1973 act
is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government
and its existing public institutions, and shall take effect on
July 1, 1973. [1973 c 139 § 17.]
Chapter 70.95C
Chapter 70.95C RCW
WASTE REDUCTION
Sections
70.95C.010
70.95C.020
70.95C.030
70.95C.040
70.95C.050
70.95C.060
70.95C.070
70.95C.080
70.95C.110
70.95C.120
70.95C.200
70.95C.210
70.95C.220
70.95C.230
70.95C.240
70.95C.250
70.95C.010
Legislative findings.
Definitions.
Office of waste reduction—Duties.
Waste reduction and hazardous substance use reduction consultation program.
Waste reduction techniques—Workshops and seminars.
Waste reduction hot line—Data base system.
Waste reduction research and development program—Contracts.
Director’s authority.
Waste reduction and recycling program to promote activities
by state agencies—Recycled paper goal.
Waste reduction and recycling awards program in K-12 public
schools.
Hazardous waste generators and users—Voluntary reduction
plan.
Voluntary reduction plan—Exemption.
Voluntary reduction plan, executive summary, or progress
report—Department review.
Appeal of department order or surcharge.
Public inspection of plans, summaries, progress reports.
Multimedia permit pilot program—Air, water, hazardous
waste management.
70.95C.010 Legislative findings. The legislature finds
that land disposal and incineration of solid and hazardous
waste can be both harmful to the environment and costly to
those who must dispose of the waste. In order to address this
problem in the most cost-effective and environmentally
sound manner, and to implement the highest waste management priority as articulated in RCW 70.95.010 and
70.105.150, public and private efforts should focus on reducing the generation of waste. Waste reduction can be achieved
by encouraging voluntary efforts to redesign industrial, commercial, production, and other processes to result in the
reduction or elimination of waste byproducts and to maximize the in-process reuse or reclamation of valuable spent
material.
(2006 Ed.)
70.95C.020
In the interest of protecting the public health, safety, and
the environment, the legislature declares that it is the policy
of the state of Washington to encourage reduction in the use
of hazardous substances and reduction in the generation of
hazardous waste whenever economically and technically
practicable.
The legislature finds that hazardous wastes are generated
by numerous different sources including, but not limited to,
large and small business, households, and state and local government. The legislature further finds that a goal against
which efforts at waste reduction may be measured is essential
for an effective hazardous waste reduction program. The
Pacific Northwest hazardous waste advisory council has
endorsed a goal of reducing, through hazardous substance use
reduction and waste reduction techniques, the generation of
hazardous waste by fifty percent by 1995. The legislature
adopts this as a policy goal for the state of Washington. The
legislature recognizes that many individual businesses have
already reduced the generation of hazardous waste through
appropriate hazardous waste reduction techniques. The legislature also recognizes that there are some basic industrial processes which by their nature have limited potential for significantly reducing the use of certain raw materials or substantially reducing the generation of hazardous wastes.
Therefore, the goal of reducing hazardous waste generation
by fifty percent cannot be applied as a regulatory requirement. [1990 c 114 § 1; 1988 c 177 § 1.]
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.020
70.95C.020 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of
ecology or the director’s designee.
(3) "Dangerous waste" shall have the same definition as
set forth in RCW 70.105.010(5) and shall specifically include
those wastes designated as dangerous by rules adopted pursuant to chapter 70.105 RCW.
(4) "EPA/state identification number" means the number
assigned by the EPA (environmental protection agency) or by
the department of ecology to each generator and/or transporter and treatment, storage, and/or disposal facility.
(5) "Extremely hazardous waste" shall have the same
definition as set forth in RCW 70.105.010(6) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter 70.105 RCW.
(6) "Fee" means the annual hazardous waste fees
imposed under RCW 70.95E.020 and 70.95E.030.
(7) "Generate" means any act or process which produces
hazardous waste or first causes a hazardous waste to become
subject to regulation.
(8) "Hazardous substance" means any hazardous substance listed as a hazardous substance as of March 21, 1990,
pursuant to section 313 of Title III of the Superfund Amendments and Reauthorization Act, any other substance determined by the director by rule to present a threat to human
health or the environment, and all ozone depleting compounds as defined by the Montreal Protocol of October 1987.
[Title 70 RCW—page 253]
70.95C.030
Title 70 RCW: Public Health and Safety
(9)(a) "Hazardous substance use reduction" means the
reduction, avoidance, or elimination of the use or production
of hazardous substances without creating substantial new
risks to human health or the environment.
(b) "Hazardous substance use reduction" includes proportionate changes in the usage of hazardous substances as
the usage of a hazardous substance or hazardous substances
changes as a result of production changes or other business
changes.
(10) "Hazardous substance user" means any facility
required to report under section 313 of Title III of the Superfund Amendments and Reauthorization Act, except for those
facilities which only distribute or use fertilizers or pesticides
intended for commercial agricultural applications.
(11) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes, but does not include
radioactive wastes or a substance composed of both radioactive and hazardous components and does not include any hazardous waste generated as a result of a remedial action under
state or federal law.
(12) "Hazardous waste generator" means any person
generating hazardous waste regulated by the department.
(13) "Office" means the office of waste reduction.
(14) "Plan" means the plan provided for in RCW
70.95C.200.
(15) "Person" means an individual, trust, firm, joint
stock company, partnership, association, state, public or private or municipal corporation, commission, political subdivision of a state, interstate body, the federal government,
including any agency or officer thereof, and any Indian tribe
or authorized tribal organization.
(16) "Process" means all industrial, commercial, production, and other processes that result in the generation of
waste.
(17) "Recycled for beneficial use" means the use of hazardous waste, either before or after reclamation, as a substitute for a commercial product or raw material, but does not
include: (a) Use constituting disposal; (b) incineration; or (c)
use as a fuel.
(18) "Recycling" means reusing waste materials and
extracting valuable materials from a waste stream. Recycling
does not include burning for energy recovery.
(19) "Treatment" means the physical, chemical, or biological processing of waste to render it completely innocuous, produce a recyclable by-product, reduce toxicity, or substantially reduce the volume of material requiring disposal as
described in the priorities established in RCW 70.105.150.
Treatment does not include incineration.
(20) "Used oil" means (a) lubricating fluids that have
been removed from an engine crankcase, transmission, gearbox, hydraulic device, or differential of an automobile, bus,
truck, vessel, plane, heavy equipment, or machinery powered
by an internal combustion engine; (b) any oil that has been
refined from crude oil, used, and as a result of use, has been
contaminated with physical or chemical impurities; and (c)
any oil that has been refined from crude oil and, as a consequence of extended storage, spillage, or contamination, is no
longer useful to the original purchaser. "Used oil" does not
include used oil to which hazardous wastes have been added.
(21) "Waste" means any solid waste as defined under
RCW 70.95.030, any hazardous waste, any air contaminant
[Title 70 RCW—page 254]
as defined under RCW 70.94.030, and any organic or inorganic matter that shall cause or tend to cause water pollution
as defined under RCW 90.48.020.
(22) "Waste generator" means any individual, business,
government agency, or any other organization that generates
waste.
(23) "Waste reduction" means all in-plant practices that
reduce, avoid, or eliminate the generation of wastes or the
toxicity of wastes, prior to generation, without creating substantial new risks to human health or the environment. As
used in RCW 70.95C.200 through 70.95C.240, "waste reduction" refers to hazardous waste only. [1991 c 319 § 313; 1990
c 114 § 2; 1988 c 177 § 2.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.030
70.95C.030 Office of waste reduction—Duties. (1)
There is established in the department an office of waste
reduction. The office shall use its authorities to encourage the
voluntary reduction of hazardous substance usage and waste
generation by waste generators and hazardous substance
users. The office shall prepare and submit a quarterly
progress report to the director.
(2) The office shall be the coordinating center for all
state agency programs that provide technical assistance to
waste generators and hazardous substance users and shall
serve as the state’s lead agency and promoter for such programs. In addition to this coordinating function, the office
shall encourage hazardous substance use reduction and waste
reduction by:
(a) Providing for the rendering of advice and consultation to waste generators and hazardous substance users on
hazardous substance use reduction and waste reduction techniques, including assistance in preparation of plans provided
for in RCW 70.95C.200;
(b) Sponsoring or co-sponsoring with public or private
organizations technical workshops and seminars on waste
reduction and hazardous substance use reduction;
(c) Administering a waste reduction and hazardous substance use reduction data base and hot line providing comprehensive referral services to waste generators and hazardous
substance users;
(d) Administering a waste reduction and hazardous substance use reduction research and development program;
(e) Coordinating a waste reduction and hazardous substance use reduction public education program that includes
the utilization of existing publications from public and private sources, as well as publishing necessary new materials
on waste reduction;
(f) Recommending to institutions of higher education in
the state courses and curricula in areas related to waste reduction and hazardous substance use reduction; and
(g) Operating an intern program in cooperation with
institutions of higher education and other outside resources to
provide technical assistance on hazardous substance use
reduction and waste reduction techniques and to carry out
research projects as needed within the office. [1998 c 245 §
133; 1990 c 114 § 3; 1988 c 177 § 3.]
Severability—1990 c 114: See RCW 70.95E.900.
(2006 Ed.)
Waste Reduction
70.95C.040
70.95C.040 Waste reduction and hazardous substance use reduction consultation program. (1) The office
shall establish a waste reduction and hazardous substance use
reduction consultation program to be coordinated with other
state waste reduction and hazardous substance use reduction
consultation programs.
(2) The director may grant a request by any waste generator or hazardous substance user for advice and consultation
on waste reduction and hazardous substance use reduction
techniques and assistance in preparation or modification of a
plan, executive summary, or annual progress report, or assistance in the implementation of a plan required by RCW
70.95C.200. Pursuant to a request from a facility such as a
business, governmental entity, or other process site in the
state, the director may visit the facility making the request for
the purposes of observing hazardous substance use and the
waste-generating process, obtaining information relevant to
waste reduction and hazardous substance use reduction, rendering advice, and making recommendations. No such visit
may be regarded as an inspection or investigation, and no
notices or citations may be issued, or civil penalty be
assessed, upon such a visit. A representative of the director
providing advisory or consultative services under this section
may not have any enforcement authority.
(3) Consultation and advice given under this section
shall be limited to the matters specified in the request and
shall include specific techniques of waste reduction and hazardous substance use reduction tailored to the relevant process. In granting any request for advisory or consultative services, the director may provide for an alternative means of
affording consultation and advice other than on-site consultation.
(4) Any proprietary information obtained by the director
while carrying out the duties required under this section shall
remain confidential and shall not be publicized or become
part of the data base established under RCW 70.95C.060
without written permission of the requesting party. [1990 c
114 § 5; 1988 c 177 § 4.]
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.050
70.95C.050 Waste reduction techniques—Workshops and seminars. The office, in coordination with all
other state waste reduction technical assistance programs,
shall sponsor technical workshops and seminars on waste
reduction techniques that have been successfully used to
eliminate or reduce substantially the amount of waste or toxicity of hazardous waste generated, or that use in-process reclamation or reuse of spent material. [1988 c 177 § 5.]
70.95C.060
70.95C.060 Waste reduction hot line—Data base system. (1) The office shall establish a statewide waste reduction hot line with the capacity to refer waste generators and
the public to sources of information on specific waste reduction techniques and procedures. The hot line shall coordinate
with all other state waste hot lines.
(2) The director shall work with the state library to establish a data base system that shall include proven waste reduction techniques and case studies of effective waste reduction.
The data base system shall be: (a) Coordinated with all other
state agency data bases on waste reduction; (b) administered
(2006 Ed.)
70.95C.110
in conjunction with the statewide waste reduction hot line;
and (c) readily accessible to the public. [1988 c 177 § 6.]
70.95C.070
70.95C.070 Waste reduction research and development program—Contracts. (1) The office may administer
a waste reduction research and development program. The
director may contract with any public or private organization
for the purpose of developing methods and technologies that
achieve waste reduction. All research performed and all
methods or technologies developed as a result of a contract
entered into under this section shall become the property of
the state and shall be incorporated into the data base system
established under RCW 70.95C.060.
(2) Any contract entered into under this section shall be
awarded only after requests for proposals have been circulated to persons, firms, or organizations who have requested
that their names be placed on a proposal list. The director
shall establish a proposal list and shall review and evaluate all
proposals received. [1988 c 177 § 7.]
70.95C.080
70.95C.080 Director’s authority. (1) The director may
solicit and accept gifts, grants, conveyances, bequests, and
devises, in trust or otherwise, to be directed to the office of
waste reduction.
(2) The director may enter into contracts with any public
or private organization to carry out the purposes of this chapter. [1988 c 177 § 8.]
70.95C.110
70.95C.110 Waste reduction and recycling program
to promote activities by state agencies—Recycled paper
goal. The legislature finds and declares that the buildings
and facilities owned and leased by state government produce
significant amounts of solid and hazardous wastes, and
actions must be taken to reduce and recycle these wastes and
thus reduce the costs associated with their disposal. In order
for the operations of state government to provide the citizens
of the state an example of positive waste management, the
legislature further finds and declares that state government
should undertake an aggressive program designed to reduce
and recycle solid and hazardous wastes produced in the operations of state buildings and facilities to the maximum extent
possible.
The office of waste reduction, in cooperation with the
department of general administration, shall establish an
intensive waste reduction and recycling program to promote
the reduction of waste produced by state agencies and to promote the source separation and recovery of recyclable and
reusable materials.
All state agencies, including but not limited to, colleges,
community colleges, universities, offices of elected and
appointed officers, the supreme court, court of appeals, and
administrative departments of state government shall fully
cooperate with the office of waste reduction and recycling in
all phases of implementing the provisions of this section. The
office shall establish a coordinated state plan identifying each
agency’s participation in waste reduction and recycling. The
office shall develop the plan in cooperation with a multiagency committee on waste reduction and recycling.
Appointments to the committee shall be made by the director
of the department of general administration. The director
[Title 70 RCW—page 255]
70.95C.120
Title 70 RCW: Public Health and Safety
shall notify each agency of the committee, which shall implement the applicable waste reduction and recycling plan elements. All state agencies are to use maximum efforts to
achieve a goal of increasing the use of recycled paper by fifty
percent by July 1, 1993. [1989 c 431 § 53.]
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
70.95C.120
70.95C.120 Waste reduction and recycling awards
program in K-12 public schools. The office of waste reduction shall develop, in consultation with the superintendent of
public instruction, an awards program to achieve waste
reduction and recycling in the public schools, grades kindergarten through high school. The office shall develop guidelines for program development and implementation. Each
public school shall implement a waste reduction and recycling program conforming to guidelines developed by the
office.
For the purpose of granting awards, the office may group
schools into not more than three classes, based upon student
population, distance to markets for recyclable materials, and
other criteria, as deemed appropriate by the office. Except as
otherwise provided, five or more awards shall be granted to
each of the three classes. Each award shall be a sum of not
less than two thousand dollars nor more than five thousand
dollars. Awards shall be granted each year to the schools that
achieve the greatest levels of waste reduction and recycling.
A single award of not less than five thousand dollars shall be
presented to the school having the best recycling program as
measured by the total amount of materials recycled, including
materials generated outside of the school. A single award of
not less than five thousand dollars shall be presented to the
school having the best waste reduction program as determined by the office.
The superintendent of public instruction shall distribute
guidelines and other materials developed by the office to
implement programs to reduce and recycle waste generated
in administrative offices, classrooms, laboratories, cafeterias,
and maintenance operations. [1991 c 319 § 114; 1989 c 431
§ 54.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
70.95C.200
70.95C.200 Hazardous waste generators and users—
Voluntary reduction plan. (1) Each hazardous waste generator who generates more than two thousand six hundred forty
pounds of hazardous waste per year and each hazardous substance user, except for those facilities that are primarily permitted treatment, storage, and disposal facilities or recycling
facilities, shall prepare a plan for the voluntary reduction of
the use of hazardous substances and the generation of hazardous wastes. Hazardous waste generated and recycled for beneficial use, including initial amount of hazardous substances
introduced into a process and subsequently recycled for beneficial use, shall not be used in the calculation of hazardous
waste generated for purposes of this section. The department
may develop reporting requirements, consistent with existing
reporting, to establish recycling for beneficial use under this
section. Used oil to be rerefined or burned for energy or heat
[Title 70 RCW—page 256]
recovery shall not be used in the calculation of hazardous
wastes generated for purposes of this section, and is not
required to be addressed by plans prepared under this section.
A person with multiple interrelated facilities where the processes in the facilities are substantially similar, may prepare a
single plan covering one or more of those facilities.
(2) Each user or generator required to write a plan is
encouraged to advise its employees of the planning process
and solicit comments or suggestions from its employees on
hazardous substance use and waste reduction options.
(3) The department shall adopt by April 1, 1991, rules
for preparation of plans. The rules shall require the plan to
address the following options, according to the following
order of priorities: Hazardous substance use reduction, waste
reduction, recycling, and treatment. In the planning process,
first consideration shall be given to hazardous substance use
reduction and waste reduction options. Consideration shall be
given next to recycling options. Recycling options may be
considered only after hazardous substance use reduction
options and waste reduction options have been thoroughly
researched and shown to be inappropriate. Treatment options
may be considered only after hazardous substance use reduction, waste reduction, and recycling options have been thoroughly researched and shown to be inappropriate. Documentation of the research shall be available to the department
upon request. The rules shall also require the plans to discuss
the hazardous substance use reduction, waste reduction, and
closed loop recycling options separately from other recycling
and treatment options. All plans shall be written in conformance with the format prescribed in the rules adopted under
this section. The rules shall require the plans to include, but
not be limited to:
(a) A written policy articulating management and corporate support for the plan and a commitment to implementing
planned activities and achieving established goals;
(b) The plan scope and objectives;
(c) Analysis of current hazardous substance use and hazardous waste generation, and a description of current hazardous substance use reduction, waste reduction, recycling, and
treatment activities;
(d) An identification of further hazardous substance use
reduction, waste reduction, recycling, and treatment opportunities, and an analysis of the amount of hazardous substance
use reduction and waste reduction that would be achieved,
and the costs. The analysis of options shall demonstrate that
the priorities provided for in this section have been followed;
(e) A selection of options to be implemented in accordance with the priorities established in this section;
(f) An analysis of impediments to implementing the
options. Impediments that shall be considered acceptable
include, but are not limited to: Adverse impacts on product
quality, legal or contractual obligations, economic practicality, and technical feasibility;
(g) A written policy stating that in implementing the
selected options, whenever technically and economically
practicable, risks will not be shifted from one part of a process, environmental media, or product to another;
(h) Specific performance goals in each of the following
categories, expressed in numeric terms:
(i) Hazardous substances to be reduced or eliminated
from use;
(2006 Ed.)
Waste Reduction
(ii) Wastes to be reduced or eliminated through waste
reduction techniques;
(iii) Materials or wastes to be recycled; and
(iv) Wastes to be treated;
If the establishment of numeric performance goals is not
practicable, the performance goals shall include a clearly
stated list of objectives designed to lead to the establishment
of numeric goals as soon as is practicable. Goals shall be set
for a five-year period from the first reporting date;
(i) A description of how the wastes that are not recycled
or treated and the residues from recycling and treatment processes are managed may be included in the plan;
(j) Hazardous substance use and hazardous waste
accounting systems that identify hazardous substance use and
waste management costs and factor in liability, compliance,
and oversight costs;
(k) A financial description of the plan;
(l) Personnel training and employee involvement programs;
(m) A five-year plan implementation schedule;
(n) Documentation of hazardous substance use reduction
and waste reduction efforts completed before or in progress at
the time of the first reporting date; and
(o) An executive summary of the plan, which shall
include, but not be limited to:
(i) The information required by (c), (e), (h), and (n) of
this subsection; and
(ii) A summary of the information required by (d) and (f)
of this subsection.
(4) Upon completion of a plan, the owner, chief executive officer, or other person with the authority to commit
management to the plan shall sign and submit an executive
summary of the plan to the department.
(5) Plans shall be completed and executive summaries
submitted in accordance with the following schedule:
(a) Hazardous waste generators who generated more
than fifty thousand pounds of hazardous waste in calendar
year 1991 and hazardous substance users who were required
to report in 1991, by September 1, 1992;
(b) Hazardous waste generators who generated between
seven thousand and fifty thousand pounds of hazardous waste
in calendar year 1992 and hazardous substance users who
were required to report for the first time in 1992, by September 1, 1993;
(c) Hazardous waste generators who generated between
two thousand six hundred forty and seven thousand pounds
of hazardous waste in 1993 and hazardous substance users
who were required to report for the first time in 1993, by September 1, 1994;
(d) Hazardous waste generators who have not been
required to complete a plan on or prior to September 1, 1994,
must complete a plan by September 1 of the year following
the first year that they generate more than two thousand six
hundred forty pounds of hazardous waste; and
(e) Hazardous substance users who have not been
required to complete a plan on or prior to September 1, 1994,
must complete a plan by September 1 of the year following
the first year that they are required to report under section 313
of Title III of the Superfund Amendments and Reauthorization Act.
(2006 Ed.)
70.95C.220
(6) Annual progress reports, including a description of
the progress made toward achieving the specific performance
goals established in the plan, shall be prepared and submitted
to the department in accordance with rules developed under
this section. Upon the request of two or more users or generators belonging to similar industrial classifications, the
department may aggregate data contained in their annual
progress reports for the purpose of developing a public
record.
(7) Every five years, each plan shall be updated, and a
new executive summary shall be submitted to the department.
[1991 c 319 § 314; 1990 c 114 § 6.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.210
70.95C.210 Voluntary reduction plan—Exemption.
A person required to prepare a plan under RCW 70.95C.200
because of the quantity of hazardous waste generated may
petition the director to be excused from this requirement. The
person must demonstrate to the satisfaction of the director
that the quantity of hazardous waste generated was due to
unique circumstances not likely to be repeated and that the
person is unlikely to generate sufficient hazardous waste to
require a plan in the next five years. [1990 c 114 § 7.]
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.220
70.95C.220 Voluntary reduction plan, executive
summary, or progress report—Department review. (1)
The department may review a plan, executive summary, or an
annual progress report to determine whether the plan, executive summary, or annual progress report is adequate pursuant
to the rules developed under this section and with the provisions of RCW 70.95C.200. In determining the adequacy of
any plan, executive summary, or annual progress report, the
department shall base its determination solely on whether the
plan, executive summary, or annual progress report is complete and prepared in accordance with the provisions of RCW
70.95C.200.
(2) Plans developed under RCW 70.95C.200 shall be
retained at the facility of the hazardous substance user or hazardous waste generator preparing a plan. The plan is not a
public record under the public records act, chapter 42.56
RCW. A user or generator required to prepare a plan shall
permit the director or a representative of the director to
review the plan to determine its adequacy. No visit made by
the director or a representative of the director to a facility for
the purposes of this subsection may be regarded as an inspection or investigation, and no notices or citations may be
issued, nor any civil penalty assessed, upon such a visit.
(3) If a hazardous substance user or hazardous waste
generator fails to complete an adequate plan, executive summary, or annual progress report, the department shall notify
the user or generator of the inadequacy, identifying specific
deficiencies. For the purposes of this section, a deficiency
may include failure to develop a plan, failure to submit an
executive summary pursuant to the schedule provided in
RCW 70.95C.200(5), and failure to submit an annual
progress report pursuant to the rules developed under RCW
70.95C.200(6). The department shall specify a reasonable
[Title 70 RCW—page 257]
70.95C.230
Title 70 RCW: Public Health and Safety
time frame, of not less than ninety days, within which the
user or generator shall complete a modified plan, executive
summary, or annual progress report addressing the specified
deficiencies.
(4) If the department determines that a modified plan,
executive summary, or annual progress report is inadequate,
the department may, within its discretion, either require further modification or enter an order pursuant to subsection
(5)(a) of this section.
(5)(a) If, after having received a list of specified deficiencies from the department, a hazardous substance user or
hazardous waste generator required to prepare a plan fails to
complete modification of a plan, executive summary, or
annual progress report within the time period specified by the
department, the department may enter an order pursuant to
chapter 34.05 RCW finding the user or generator not in compliance with the requirements of RCW 70.95C.200. When
the order is final, the department shall notify the department
of revenue to charge a penalty fee. The penalty fee shall be
the greater of one thousand dollars or three times the amount
of the user’s or generator’s previous year’s fee, in addition to
the current year’s fee. If no fee was assessed the previous
year, the penalty shall be the greater of one thousand dollars
or three times the amount of the current year’s fee. The penalty assessed under this subsection shall be collected each
year after the year for which the penalty was assessed until an
adequate plan or executive summary is completed.
(b) If a hazardous substance user or hazardous waste
generator required to prepare a plan fails to complete an adequate plan, executive summary, or annual progress report
after the department has levied against the user or generator
the penalty provided in (a) of this subsection, the user or generator shall be required to pay a surcharge to the department
whenever the user or generator disposes of a hazardous waste
at any hazardous waste incinerator or hazardous waste landfill facility located in Washington state, until a plan, executive summary, or annual progress report is completed and
determined to be adequate by the department. The surcharge
shall be equal to three times the fee charged for disposal. The
department shall furnish the incinerator and landfill facilities
in this state with a list of environmental protection
agency/state identification numbers of the hazardous waste
generators that are not in compliance with the requirements
of RCW 70.95C.200. [2005 c 274 § 338; 1990 c 114 § 8.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.230
70.95C.230 Appeal of department order or surcharge. A user or generator may appeal from a department
order or a surcharge under RCW 70.95C.220 to the pollution
control hearings board pursuant to chapter 43.21B RCW.
[1990 c 114 § 9.]
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.240
70.95C.240 Public inspection of plans, summaries,
progress reports. (1) The department shall make available
for public inspection any executive summary or annual
progress report submitted to the department. Any hazardous
substance user or hazardous waste generator required to pre[Title 70 RCW—page 258]
pare an executive summary or annual progress report who
believes that disclosure of any information contained in the
executive summary or annual progress report may adversely
affect the competitive position of the user or generator may
request the department pursuant to RCW 43.21A.160 to
delete from the public record those portions of the executive
summary or annual progress report that may affect the user’s
or generator’s competitive position. The department shall not
disclose any information contained in an executive summary
or annual progress report pending a determination of whether
the department will delete any information contained in the
report from the public record.
(2) Any ten persons residing within ten miles of a hazardous substance user or hazardous waste generator required
to prepare a plan may file with the department a petition
requesting the department to examine a plan to determine its
adequacy. The department shall report its determination of
adequacy to the petitioners and to the user or generator within
a reasonable time. The department may deny a petition if the
department has within the previous year determined the plan
of the user or generator named in the petition to be adequate.
(3) The department shall maintain a record of each plan,
executive summary, or annual progress report it reviews, and
a list of all plans, executive summaries, or annual progress
reports the department has determined to be inadequate,
including descriptions of corrective actions taken. This information shall be made available to the public. [1990 c 114 §
10.]
Severability—1990 c 114: See RCW 70.95E.900.
70.95C.250
70.95C.250 Multimedia permit pilot program—Air,
water, hazardous waste management. (1) Not later than
January 1, 1995, the department shall designate an industry
type and up to ten individual facilities within that industry
type to be the focus of a pilot multimedia program. The program shall be designed to coordinate department actions
related to environmental permits, plans, approvals, certificates, registrations, technical assistance, and inspections. The
program shall also investigate the feasibility of issuing facility-wide permits. The director shall determine the industry
type and facilities based on:
(a) A review of at least three industry types; and
(b) Criteria which shall include at least the following factors:
(i) The potential for the industry to serve as a statewide
model for multimedia environmental programs including
pollution prevention;
(ii) Whether the industry type is subject to regulatory
requirements relating to at least two of the following subject
areas: Air quality, water quality, or hazardous waste management;
(iii) The existence within the industry type of a range of
business sizes; and
(iv) Voluntary participation in the program.
(2) In developing the program, the department shall consult with and seek the cooperation of the environmental protection agency.
(3) For purposes of this section, "facility-wide permit"
means a single multimedia permit issued by the department
to the owner or operator of a facility incorporating the per(2006 Ed.)
Solid Waste Incinerator and Landfill Operators
mits and any other relevant department approvals previously
issued to the owner or operator or currently required by the
department. [1998 c 245 § 134; 1994 c 248 § 1.]
Conflict with federal requirements—1994 c 248: "If any part of this
act is found to be in conflict with federal requirements, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned."
[1994 c 248 § 5.]
Chapter 70.95D
Chapter 70.95D RCW
SOLID WASTE INCINERATOR AND
LANDFILL OPERATORS
Sections
70.95D.010 Definitions.
70.95D.020 Incineration facilities—Owner and operator certification
requirements.
70.95D.030 Landfills—Owner and operator certification requirements.
70.95D.040 Certification process—Suspension of license or certificate for
noncompliance with support order.
70.95D.051 Ad hoc advisory committees.
70.95D.060 Revocation of certification.
70.95D.070 Certification of inspectors.
70.95D.080 Authority of director.
70.95D.090 Unlawful acts—Variance from requirements.
70.95D.100 Penalties.
70.95D.110 Deposit of receipts.
70.95D.900 Severability—1989 c 431.
70.95D.901 Section captions not law—1989 c 431.
70.95D.010
70.95D.010 Definitions. Unless the context clearly
requires otherwise the definitions in this section apply
throughout this chapter.
(1) "Certificate" means a certificate of competency
issued by the director stating that the operator has met the
requirements for the specified operator classification of the
certification program.
(2) "Department" means the department of ecology.
(3) "Director" means the director of ecology.
(4) "Incinerator" means a facility which has the primary
purpose of burning or which is designed with the primary
purpose of burning solid waste or solid waste derived fuel,
but excludes facilities that have the primary purpose of burning hog fuel.
(5) "Landfill" means a landfill as defined under RCW
70.95.030.
(6) "Owner" means, in the case of a town or city, the city
or town acting through its chief executive officer or the lessee
if operated pursuant to a lease or contract; in the case of a
county, the chief elected official of the county legislative
authority or the chief elected official’s designee; in the case
of a board of public utilities, association, municipality, or
other public body, the president or chief elected official of the
body or the president’s or chief elected official’s designee; in
the case of a privately owned landfill or incinerator, the legal
owner.
(7) "Solid waste" means solid waste as defined under
RCW 70.95.030. [1995 c 269 § 2801; 1989 c 431 § 65.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.95D.020
70.95D.020 Incineration facilities—Owner and operator certification requirements. (1) By January 1, 1992,
(2006 Ed.)
70.95D.040
the owner or operator of a solid waste incineration facility
shall employ a certified operator. At a minimum, the individual on-site at a solid waste incineration facility who is designated by the owner as the operator in responsible charge of
the operation and maintenance of the facility on a routine
basis shall be certified by the department.
(2) If a solid waste incinerator is operated on more than
one daily shift, the operator in charge of each shift shall be
certified.
(3) Operators not required to be certified are encouraged
to become certified on a voluntary basis.
(4) The department shall adopt and enforce such rules as
may be necessary for the administration of this section.
[1989 c 431 § 66.]
70.95D.030
70.95D.030 Landfills—Owner and operator certification requirements. (1) By January 1, 1992, the owner or
operator of a landfill shall employ a certified landfill operator.
(2) For each of the following types of landfills defined in
existing regulations: Inert, demolition waste, problem waste,
and municipal solid waste, the department shall adopt rules
classifying all landfills in each class. The factors to be considered in the classification shall include, but not be limited
to, the type and amount of waste in place and projected to be
disposed of at the site, whether the landfill currently meets
state and federal operating criteria, the location of the landfill, and such other factors as may be determined to affect the
skill, knowledge, and experience required of an operator to
operate the landfill in a manner protective of human health
and the environment.
(3) The rules shall identify the landfills in each class in
which the owner or operator will be required to employ a certified landfill operator who is on-site at all times the landfill
is operating. At a minimum, the rule shall require that owners
and operators of landfills are required to employ a certified
landfill operator who is on call at all times the landfill is operating. [1989 c 431 § 67.]
70.95D.040
70.95D.040 Certification process—Suspension of
license or certificate for noncompliance with support
order. (1) The department shall establish a process to certify
incinerator and landfill operators. To the greatest extent possible, the department shall rely on the certification standards
and procedures developed by national organizations and the
federal government.
(2) Operators shall be certified if they:
(a) Attend the required training sessions;
(b) Successfully complete required examinations; and
(c) Pay the prescribed fee.
(3) By January 1, 1991, the department shall adopt rules
to require incinerator and appropriate landfill operators to:
(a) Attend a training session concerning the operation of
the relevant type of landfill or incinerator;
(b) Demonstrate sufficient skill and competency for
proper operation of the incinerator or landfill by successfully
completing an examination prepared by the department; and
(c) Renew the certificate of competency at reasonable
intervals established by the department.
[Title 70 RCW—page 259]
70.95D.051
Title 70 RCW: Public Health and Safety
(4) The department shall provide for the collection of
fees for the issuance and renewal of certificates. These fees
shall be sufficient to recover the costs of the certification program.
(5) The department shall establish an appeals process for
the denial or revocation of a certificate.
(6) The department shall establish a process to automatically certify operators who have received comparable certification from another state, the federal government, a local
government, or a professional association.
(7) Upon July 23, 1989, and prior to January 1, 1992, the
owner or operator of an incinerator or landfill may apply to
the department for interim certification. Operators shall
receive interim certification if they:
(a) Have received training provided by a recognized
national organization, educational institution, or the federal
government that is acceptable to the department; or
(b) Have received individualized training in a manner
approved by the department; and
(c) Have successfully completed any required examinations.
(8) No interim certification shall be valid after January 1,
1992, and interim certification shall not automatically qualify
operators for certification pursuant to subsections (2) through
(4) of this section.
(9) The department shall immediately suspend the
license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a
support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or
certificate shall be automatic upon the department’s receipt
of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[1997 c 58 § 875; 1989 c 431 § 68.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
70.95D.051
70.95D.051 Ad hoc advisory committees. The director
may establish ad hoc advisory committees, as necessary, to
obtain advice and technical assistance on the certification of
solid waste incinerator and landfill operators. [1995 c 269 §
2804.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.95D.060
70.95D.060 Revocation of certification. (1) The director may revoke a certificate:
(a) If it were found to have been obtained by fraud or
deceit;
[Title 70 RCW—page 260]
(b) For gross negligence in the operation of a solid waste
incinerator or landfill;
(c) For violating the requirements of this chapter or any
lawful rule or order of the department; or
(d) If the facility operated by the certified employee is
operated in violation of state or federal environmental laws.
(2) A person whose certificate is revoked under this section shall not be eligible to apply for a certificate for one year
from the effective date of the final order of revocation. [1995
c 269 § 2802; 1989 c 431 § 70.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.95D.070
70.95D.070 Certification of inspectors. Any person
who is employed by a public agency to inspect the operation
of a landfill or a solid waste incinerator to determine the compliance of the facility with state or local laws or rules shall be
required to be certified in the same manner as an operator
under this chapter. [1989 c 431 § 71.]
70.95D.080
70.95D.080 Authority of director. To carry out the
provisions and purposes of this chapter, the director may:
(1) Enter into agreements, contracts, or cooperative
arrangements, under such terms and conditions as the director
deems appropriate, with other state, federal, or interstate
agencies, municipalities, educational institutions, or other
organizations or individuals.
(2) Receive financial and technical assistance from the
federal government, other public agencies, and private agencies.
(3) Participate in related programs of the federal government, other states, interstate agencies, other public agencies,
or private agencies or organizations.
(4) Upon request, furnish reports, information, and materials relating to the certification program authorized by this
chapter to federal, state, or interstate agencies, municipalities,
educational institutions, and other organizations and individuals.
(5) Establish adequate fiscal controls and accounting
procedures to assure proper disbursement of and accounting
for funds appropriated or otherwise provided for the purpose
of carrying out this chapter.
(6) Adopt rules under chapter 34.05 RCW. [1989 c 431
§ 72.]
70.95D.090
70.95D.090 Unlawful acts—Variance from requirements. After January 1, 1992, it is unlawful for any person,
firm, corporation, municipal corporation, or other governmental subdivision or agency to operate a solid waste incineration or landfill facility unless the operators are duly certified by the director under this chapter or any lawful rule or
order of the department. It is unlawful for any person to perform the duties of an operator without being duly certified
under this chapter. The department shall adopt rules that
allow the owner or operator of a landfill or solid waste incineration facility to request a variance from this requirement
under emergency conditions. The department may impose
such conditions as may be necessary to protect human health
(2006 Ed.)
Hazardous Waste Fees
and the environment during the term of the variance. [1989 c
431 § 73.]
70.95D.100
70.95D.100 Penalties. (1) Any person, including any
firm, corporation, municipal corporation, or other governmental subdivision or agency, with the exception of incinerator operators, violating any provision of this chapter or the
rules adopted under this chapter, is guilty of a misdemeanor.
(2) Any incinerator operator who violates any provision
of this chapter is guilty of a gross misdemeanor.
(3) Each day of operation in violation of this chapter or
any rules adopted under this chapter shall constitute a separate offense.
(4) The prosecuting attorney or the attorney general, as
appropriate, shall secure injunctions of continuing violations
of any provisions of this chapter or the rules adopted under
this chapter. [2003 c 53 § 356; 1989 c 431 § 74.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.95D.110
70.95D.110 Deposit of receipts. All receipts realized in
the administration of this chapter shall be paid into the general fund. [1989 c 431 § 75.]
70.95D.900
70.95D.900 Severability—1989 c 431.
70.95.901.
See RCW
70.95D.901
70.95D.901 Section captions not law—1989 c 431.
See RCW 70.95.902.
Chapter 70.95E
Chapter 70.95E RCW
HAZARDOUS WASTE FEES
70.95E.030
(6) "Generate" means any act or process which produces
hazardous waste or first causes a hazardous waste to become
subject to regulation.
(7) "Hazardous waste" means and includes all dangerous
and extremely hazardous wastes but for the purposes of this
chapter excludes all radioactive wastes or substances composed of both radioactive and hazardous components.
(8) "Hazardous waste generator" means all persons
whose primary business activities are identified by the
department to generate any quantity of hazardous waste in
the calendar year for which the fee is imposed.
(9) "Person" means an individual, trust, firm, joint stock
company, partnership, association, state, public or private or
municipal corporation, commission, political subdivision of a
state, interstate body, the federal government including any
agency or officer thereof, and any Indian tribe or authorized
tribal organization.
(10) "Price deflator" means the United States department
of commerce bureau of economic analysis, "Implicit Price
Deflator for Gross National Product" for "Government Purchases of Goods and Services," for "State and Local Government."
(11) "Recycled for beneficial use" means the use of hazardous waste, either before or after reclamation, as a substitute for a commercial product or raw material, but does not
include: (a) Use constituting disposal; (b) incineration; or (c)
use as a fuel.
(12) "Waste generation site" means any geographical
area that has been assigned an EPA/ state identification number. [1995 c 207 § 1; 1994 c 136 § 1; 1990 c 114 § 11.]
Effective date—1995 c 207: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 3, 1995]." [1995 c 207 § 5.]
Sections
70.95E.020
70.95E.010
70.95E.020
70.95E.030
70.95E.040
70.95E.050
70.95E.080
70.95E.090
70.95E.100
70.95E.900
70.95E.010
Definitions.
Hazardous waste generation—Fee.
Voluntary reduction plan—Fees.
Fees—Generally.
Administration of fees.
Hazardous waste assistance account.
Technical assistance and compliance education—Grants.
Exclusion from chapter.
Severability—1990 c 114.
70.95E.010 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Dangerous waste" shall have the same definition as
set forth in RCW 70.105.010(5) and shall include those
wastes designated as dangerous by rules adopted pursuant to
chapter 70.105 RCW.
(2) "Department" means the department of ecology.
(3) "EPA/ state identification number" means the number assigned by the EPA (environmental protection agency)
or by the department of ecology to each generator and/ or
transporter and treatment, storage, and/ or disposal facility.
(4) "Extremely hazardous waste" shall have the same
definition as set forth in RCW 70.105.010(6) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter 70.105 RCW.
(5) "Fee" means the annual fees imposed under this
chapter.
(2006 Ed.)
70.95E.020 Hazardous waste generation—Fee. A fee
is imposed for the privilege of generating hazardous waste in
the state. The annual amount of the fee shall be thirty-five
dollars upon every hazardous waste generator doing business
in Washington in the current calendar year or any part
thereof. This fee shall be collected by the department or its
designee. A hazardous waste generator shall be exempt from
the fee imposed under this section if the value of products,
gross proceeds of sales, or gross income of the business, from
all business activities of the hazardous waste generator, is
less than twelve thousand dollars in the current calendar year.
The department shall, subject to appropriation, use the funds
collected from the fees assessed in this subsection to support
the activities of the office of waste reduction as specified in
RCW 70.95C.030. The fee imposed pursuant to this section is
due annually by July 1 of the year following the calendar year
for which the fee is imposed. [1995 c 207 § 2. Prior: 1994
sp.s. c 2 § 3; 1994 c 136 § 2; 1990 c 114 § 12.]
Effective date—1995 c 207: See note following RCW 70.95E.010.
Effective date—1994 sp.s. c 2: See note following RCW 82.04.4451.
70.95E.030
70.95E.030 Voluntary reduction plan—Fees. Hazardous waste generators and hazardous substance users
required to prepare plans under RCW 70.95C.200 shall pay
an annual fee to support implementation of RCW 70.95C.200
and 70.95C.040. These fees are to be used by the department,
[Title 70 RCW—page 261]
70.95E.040
Title 70 RCW: Public Health and Safety
subject to appropriation, for plan review, technical assistance
to facilities that are required to prepare plans, other activities
related to plan development and implementation, and associated indirect costs. The total fees collected under this subsection shall not exceed the department’s costs of implementing
RCW 70.95C.200 and 70.95C.040 and shall not exceed one
million dollars per year. The annual fee for a facility shall not
exceed ten thousand dollars per year. Any facility that generates less than two thousand six hundred forty pounds of hazardous waste per waste generation site in the previous calendar year shall be exempt from the fee imposed by this section.
The annual fee for a facility generating at least two thousand
six hundred forty pounds but not more than four thousand
pounds of hazardous waste per waste generation site in the
previous calendar year shall not exceed fifty dollars. A person that develops a plan covering more than one interrelated
facility as provided for in RCW 70.95C.200 shall be assessed
fees only for the number of plans prepared. The department
shall adopt a fee schedule by rule after consultation with typical affected businesses and other interested parties. Hazardous waste generated and recycled for beneficial use, including initial amount of hazardous substances introduced into a
process and subsequently recycled for beneficial use, shall
not be used in the calculations of hazardous waste generated
for purposes of this section.
The annual fee imposed by this section shall be first due
on July 1 of the year prior to the year that the facility is
required to prepare a plan, and by July 1 of each year thereafter. [1994 c 136 § 3; 1990 c 114 § 13.]
70.95E.040
70.95E.040 Fees—Generally. On an annual basis, the
department shall adjust the fees provided for in RCW
70.95E.020 and 70.95E.030, including the maximum annual
fee, and maximum total fees, by conducting the calculation in
subsection (1) of this section and taking the actions set forth
in subsection (2) of this section:
(1) In November of each year, the fees, annual fee, and
maximum total fees imposed in RCW 70.95E.020 and
70.95E.030, or as subsequently adjusted by this section, shall
be multiplied by a factor equal to the most current quarterly
"price deflator" available, divided by the "price deflator"
used in the numerator the previous year. However, the "price
deflator" used in the denominator for the first adjustment
shall be defined by the second quarter "price deflator" for
1990.
(2) Each year by March 1 the fee schedule, as adjusted in
subsection (1) of this section will be published. The department will round the published fees to the nearest dollar.
[1990 c 114 § 14.]
70.95E.050
70.95E.050 Administration of fees. In administration
of this chapter for the enforcement and collection of the fees
due and owing under RCW 70.95E.020 and 70.95E.030, the
department may apply RCW 43.17.240. [1995 c 207 § 3;
1994 c 136 § 4; 1990 c 114 § 15.]
Effective date—1995 c 207: See note following RCW 70.95E.010.
70.95E.080
70.95E.080 Hazardous waste assistance account. The
hazardous waste assistance account is hereby created in the
[Title 70 RCW—page 262]
state treasury. The following moneys shall be deposited into
the hazardous waste assistance account:
(1) Those revenues which are raised by the fees imposed
under RCW 70.95E.020 and 70.95E.030;
(2) Penalties and surcharges collected under chapter
70.95C RCW and this chapter; and
(3) Any other moneys appropriated or transferred to the
account by the legislature. Moneys in the hazardous waste
assistance account may be spent only for the purposes of this
chapter following legislative appropriation. [1991 sp.s. c 13
§ 75; 1990 c 114 § 18.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
70.95E.090
70.95E.090 Technical assistance and compliance
education—Grants. The department may use funds in the
hazardous waste assistance account to provide technical
assistance and compliance education assistance to hazardous
substance users and waste generators, to provide grants to
local governments, and for administration of this chapter.
Technical assistance may include the activities authorized under chapter 70.95C RCW and RCW 70.105.170 to
encourage hazardous waste reduction and hazardous use
reduction and the assistance provided for by RCW
70.105.100(2).
Compliance education may include the activities authorized under RCW 70.105.100(2) to train local agency officials and to inform hazardous substance users and hazardous
waste generators and owners and operators of hazardous
waste management facilities of the requirements of chapter
70.105 RCW and related federal laws and regulations. To the
extent practicable, the department shall contract with private
businesses to provide compliance education.
Grants to local governments shall be used for small
quantity generator technical assistance and compliance education components of their moderate risk waste plans as
required by RCW 70.105.220. [1995 c 207 § 4; 1990 c 114 §
19.]
Effective date—1995 c 207: See note following RCW 70.95E.010.
70.95E.100
70.95E.100 Exclusion from chapter. Nothing in this
chapter relates to radioactive wastes or substances composed
of both radioactive and hazardous components, and the
department is precluded from using the funds of the hazardous waste assistance account for the regulation and control of
such wastes. [1990 c 114 § 20.]
70.95E.900
70.95E.900 Severability—1990 c 114. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 114 § 23.]
Chapter 70.95F
Chapter 70.95F RCW
LABELING OF PLASTICS
Sections
70.95F.010
70.95F.020
70.95F.030
70.95F.900
Definitions.
Labeling requirements—Plastic industry standards.
Violations, penalty.
Severability—1991 c 319.
(2006 Ed.)
Packages Containing Metals
70.95F.901
Part headings not law—1991 c 319.
70.95F.010
70.95F.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Container," unless otherwise specified, refers to
"rigid plastic container" or "plastic bottle" as those terms are
defined in this section.
(2) "Distributors" means those persons engaged in the
distribution of packaged goods for sale in the state of Washington, including manufacturers, wholesalers, and retailers.
(3) "Label" means a molded, imprinted, or raised symbol
on or near the bottom of a plastic container or bottle.
(4) "Person" means an individual, sole proprietor, partnership, association, or other legal entity.
(5) "Plastic" means a material made of polymeric
organic compounds and additives that can be shaped by flow.
(6) "Plastic bottle" means a plastic container intended for
single use that has a neck that is smaller than the body of the
container, accepts a screw-type, snap cap, or other closure
and has a capacity of sixteen fluid ounces or more, but less
than five gallons.
(7) "Rigid plastic container" means a formed or molded
container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively
inflexible finite shape or form with a capacity of eight ounces
or more but less than five gallons. [1991 c 319 § 103.]
70.95F.020
70.95F.020 Labeling requirements—Plastic industry
standards. (1) The provisions of this section and any rules
adopted under this section shall be interpreted to conform
with nation-wide plastics industry standards.
(2) Except as provided in RCW 70.95F.030(2), after January 1, 1992, no person may distribute, sell, or offer for sale
in this state a plastic bottle or rigid plastic container unless
the container is labeled with a code identifying the appropriate resin type used to produce the structure of the container.
The code shall consist of a number placed within three triangulated arrows and letters placed below the triangle of
arrows. The triangulated arrows shall be equilateral, formed
by three arrows with the apex of each point of the triangle at
the midpoint of each arrow, rounded with a short radius. The
pointer (arrowhead) of each arrow shall be at the midpoint of
each side of the triangle with a short gap separating the
pointer from the base of the adjacent arrow. The triangle,
formed by the three arrows curved at their midpoints shall
depict a clockwise path around the code number. The numbers and letters used shall be as follows:
(a) 1. = PETE (polyethylene terephthalate)
(b) 2. = HDPE (high density polyethylene)
(c) 3. = V (vinyl)
(d) 4. = LDPE (low density polyethylene)
(e) 5. = PP (polypropylene)
(f) 6. = PS (polystyrene)
(g) 7. = OTHER
70.95G.010
70.95F.020 is subject to a civil penalty of fifty dollars for
each violation up to a maximum of five hundred dollars and
may be enjoined from continuing violations. Each distribution constitutes a separate offense.
(2) Retailers and distributors shall have two years from
May 21, 1991, to clear current inventory, delivered or
received and held in their possession as of May 21, 1991.
[1991 c 319 § 105.]
70.95F.900
70.95F.900 Severability—1991 c 319. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 319 § 411.]
70.95F.901
70.95F.901 Part headings not law—1991 c 319. Part
headings as used in this act do not constitute any part of the
law. [1991 c 319 § 409.]
Chapter 70.95G
Chapter 70.95G RCW
PACKAGES CONTAINING METALS
Sections
70.95G.005
70.95G.010
70.95G.020
70.95G.030
70.95G.040
70.95G.050
70.95G.060
70.95G.900
Finding.
Definitions.
Concentration levels.
Exemptions.
Certificate of compliance.
Certificate of compliance—Public access.
Prohibition of sale of package.
Severability—Part headings not law—1991 c 319.
70.95G.005
70.95G.005 Finding. The legislature finds and declares
that:
(1) The management of solid waste can pose a wide
range of hazards to public health and safety and to the environment;
(2) Packaging comprises a significant percentage of the
overall solid waste stream;
(3) The presence of heavy metals in packaging is a part
of the total concern in light of their likely presence in emissions or ash when packaging is incinerated, or in leachate
when packaging is landfilled;
(4) Lead, mercury, cadmium, and hexavalent chromium,
on the basis of available scientific and medical evidence, are
of particular concern;
(5) The intent of this chapter is to achieve a reduction in
toxicity without impeding or discouraging the expanded use
of postconsumer materials in the production of packaging
and its components. [1991 c 319 § 106.]
Report to legislature—1991 c 319: "By July 1, 1993, the solid waste
advisory committee created under chapter 70.95 RCW shall report to the
appropriate standing committees of the legislature on the need to further
reduce toxic metals from packaging. The report shall contain recommendations to add other toxic substances contained in packaging to the list set forth
in this chapter, including but not limited to mutagens, carcinogens, and teratogens, in order to further reduce the toxicity of packaging waste, and shall
contain a recommendation regarding imposition of penalty for violation of
section 108 of this act." [1991 c 319 § 113.]
[1991 c 319 § 104.]
70.95G.010
70.95F.030
70.95F.030 Violations, penalty. (1) A person who,
after written notice from the department, violates RCW
(2006 Ed.)
70.95G.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
[Title 70 RCW—page 263]
70.95G.020
Title 70 RCW: Public Health and Safety
(1) "Package" means a container providing a means of
marketing, protecting, or handling a product and shall include
a unit package, an intermediate package, and a shipping container. "Package" also means and includes unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and
other trays, wrappers and wrapping films, bags, and tubs.
(2) "Manufacturer" means a person, firm, or corporation
that applies a package to a product for distribution or sale.
(3) "Packaging component" means an individual assembled part of a package such as, but not limited to, any interior
or exterior blocking, bracing, cushioning, weatherproofing,
exterior strapping, coatings, closures, inks, and labels. [1991
c 319 § 107.]
70.95G.020
70.95G.020 Concentration levels. The sum of the concentration levels of lead, cadmium, mercury, and hexavalent
chromium present in any package or packaging component
shall not exceed the following:
(1) Six hundred parts per million by weight effective
July 1, 1993;
(2) Two hundred fifty parts per million by weight effective July 1, 1994; and
(3) One hundred parts per million by weight effective
July 1, 1995.
This section shall apply only to lead, cadmium, mercury,
and hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution.
[1992 c 131 § 1; 1991 c 319 § 108.]
70.95G.030
70.95G.030 Exemptions. All packages and packaging
components shall be subject to this chapter except the following:
(1) Those packages or package components with a code
indicating date of manufacture that were manufactured prior
to May 21, 1991;
(2) Those packages or packaging components that have
been purchased by, delivered to, or are possessed by a retailer
on or before twenty-four months following May 21, 1991, to
permit opportunity to clear existing inventory of the proscribed packaging material;
(3) Those packages or packaging components to which
lead, cadmium, mercury, or hexavalent chromium have been
added in the manufacturing, forming, printing, or distribution
process in order to comply with health or safety requirements
of federal law or for which there is no feasible alternative; or
(4) Those packages and packaging components that
would not exceed the maximum contaminant levels set forth
in RCW 70.95G.020(1) but for the addition of postconsumer
materials; and provided that the exemption for this subsection
shall expire six years after May 21, 1991. [1991 c 319 § 109.]
70.95G.040
70.95G.040 Certificate of compliance. By July 1,
1993, a certificate of compliance stating that a package or
packaging component is in compliance with the requirements
of this chapter shall be developed by its manufacturer. If
compliance is achieved under the exemption or exemptions
provided in RCW 70.95G.030 (3) or (4), the certificate shall
state the specific basis upon which the exemption is claimed.
The certificate of compliance shall be signed by an authorized official of the manufacturing company. The certificate
[Title 70 RCW—page 264]
of compliance shall be kept on file by the manufacturer for as
long as the package or packaging component is in use, and for
three years from the date of the last sale or distribution by the
manufacturer. Certificates of compliance, or copies thereof,
shall be furnished to the department of ecology upon request
within sixty days. If manufacturers are required under any
other state statute to provide a certificate of compliance, one
certificate may be developed containing all required information.
If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or
packaging component, the manufacturer shall develop an
amended or new certificate of compliance for the reformulated or new package or packaging component. [1991 c 319
§ 110.]
70.95G.050
70.95G.050 Certificate of compliance—Public
access. Requests from a member of the public for any certificate of compliance shall be:
(1) Made in writing to the department of ecology;
(2) Made specific as to package or packaging component
information requested; and
(3) Responded to by the department of ecology within
ninety days. [1991 c 319 § 111.]
70.95G.060
70.95G.060 Prohibition of sale of package. The
department of ecology may prohibit the sale of any package
for which a manufacturer has failed to respond to a request by
the department for a certificate of compliance within the
allotted period of time pursuant to RCW 70.95G.040. [1991
c 319 § 112.]
70.95G.900
70.95G.900 Severability—Part headings not law—
1991 c 319. See RCW 70.95F.900 and 70.95F.901.
Chapter 70.95H
Chapter 70.95H RCW
CLEAN WASHINGTON CENTER
Sections
70.95H.005
70.95H.007
70.95H.010
70.95H.030
70.95H.040
70.95H.050
70.95H.900
70.95H.901
70.95H.902
Finding.
Center created.
Purpose—Market development defined.
Duties and responsibilities.
Authority.
Funding.
Termination.
Captions not law.
Severability—Part headings not law—1991 c 319.
70.95H.005
70.95H.005 Finding. (1) The legislature finds that:
(a) Recycling conserves energy and landfill space, provides jobs and valuable feedstock materials to industry, and
promotes health and environmental protection;
(b) Seventy-eight percent of the citizens of the state
actively participate in recycling programs and Washington
currently has the highest recycling rate in the nation;
(c) The current supply of many recycled commodities far
exceeds the demand for such commodities;
(d) Many local governments and private entities cumulatively affect, and are affected by, the market for recycled
commodities but have limited jurisdiction and cannot ade(2006 Ed.)
Clean Washington Center
quately address the problems of market development that are
complex, wide-ranging, and regional in nature; and
(e) The private sector has the greatest capacity for creating and expanding markets for recycled commodities, and the
development of private markets for recycled commodities is
in the public interest.
(2) It is therefore the policy of the state to create a single
entity to be known as the clean Washington center to develop
new, and expand existing, markets for recycled commodities.
[1991 c 319 § 201.]
70.95H.007
70.95H.007 Center created. There is created the clean
Washington center within the department of community,
trade, and economic development. As used in this chapter,
"center" means the clean Washington center. [1995 c 399 §
192; 1991 c 319 § 202.]
70.95H.010
70.95H.010 Purpose—Market development defined.
The purpose of the center is to provide or facilitate business
assistance, basic and applied research and development, marketing, public education, and policy analysis in furthering the
development of markets for recycled products. As used in
this chapter, market development consists of public and private activities that are used to overcome impediments preventing full use of secondary materials diverted from the
waste stream, and that encourage and expand use of those
materials and subsequent products. In fulfilling this mission
the center shall primarily direct its services to businesses that
transform or remanufacture waste materials into usable or
marketable materials or products for use other than landfill
disposal or incineration. [1991 c 319 § 203.]
70.95H.030
70.95H.030 Duties and responsibilities. The center
shall:
(1) Provide targeted business assistance to recycling
businesses, including:
(a) Development of business plans;
(b) Market research and planning information;
(c) Access to financing programs;
(d) Referral and information on market conditions; and
(e) Information on new technology and product development;
(2) Negotiate voluntary agreements with manufacturers
to increase the use of recycled materials in product development;
(3) Support and provide research and development to
stimulate and commercialize new and existing technologies
and products using recycled materials;
(4) Undertake an integrated, comprehensive education
effort directed to recycling businesses to promote processing,
manufacturing, and purchase of recycled products, including:
(a) Provide information to recycling businesses on the
availability and benefits of using recycled materials;
(b) Provide information and referral services on recycled
material markets;
(c) Provide information on new research and technologies that may be used by local businesses and governments;
and
(d) Participate in projects to demonstrate new market
uses or applications for recycled products;
(2006 Ed.)
70.95H.900
(5) Assist the departments of ecology and general administration in the development of consistent definitions and
standards on recycled content, product performance, and
availability;
(6) Undertake studies on the unmet capital needs of
reprocessing and manufacturing firms using recycled materials;
(7) Undertake and participate in marketing promotions
for the purposes of achieving expanded market penetration
for recycled content products;
(8) Coordinate with the department of ecology to ensure
that the education programs of both are mutually reinforcing,
with the center acting as the lead entity with respect to recycling businesses, and the department as the lead entity with
respect to the general public and retailers;
(9) Develop an annual work plan. The plan shall describe
actions and recommendations for developing markets for
commodities comprising a significant percentage of the
waste stream and having potential for use as an industrial or
commercial feedstock. The initial plan shall address, but not
be limited to, mixed waste paper, waste tires, yard and food
waste, and plastics; and
(10) Represent the state in regional and national market
development issues. [1992 c 131 § 2; 1991 c 319 § 205.]
70.95H.040
70.95H.040 Authority. In order to carry out its responsibilities under this chapter, the center may:
(1) Receive such gifts, grants, funds, fees, and endowments, in trust or otherwise, for the use and benefit of the purposes of the center. The center may expend the same or any
income therefrom according to the terms of the gifts, grants,
or endowments;
(2) Initiate, conduct, or contract for studies and searches
relating to market development for recyclable materials,
including but not limited to applied research, technology
transfer, and pilot demonstration projects;
(3) Obtain and disseminate information relating to market development for recyclable materials from other state and
local agencies;
(4) Enter into, amend, and terminate contracts with individuals, corporations, trade associations, and research institutions for the purposes of this chapter;
(5) Provide grants to local governments or other public
institutions to further the development of recycling markets;
(6) Provide business and marketing assistance to public
and private sector entities within the state; and
(7) Evaluate, analyze, and make recommendations on
state policies that may affect markets for recyclable materials. [1991 c 319 § 206.]
70.95H.050
70.95H.050 Funding. The center shall solicit financial
contributions and support from manufacturing industries and
other private sector sources, foundations, and grants from
governmental sources to assist in conducting its activities. It
may also use separately appropriated funds of the department
of community, trade, and economic development for the center’s activities. [1995 c 399 § 194; 1991 c 319 § 207.]
70.95H.900
70.95H.900 Termination. The center shall terminate
on June 30, 1997. [1991 c 319 § 209.]
[Title 70 RCW—page 265]
70.95H.901
Title 70 RCW: Public Health and Safety
70.95H.901
70.95H.901 Captions not law. Section headings as
used in this chapter do not constitute any part of the law.
[1991 c 319 § 211.]
70.95H.902
70.95H.902 Severability—Part headings not law—
1991 c 319. See RCW 70.95F.900 and 70.95F.901.
Chapter 70.95I
Chapter 70.95I RCW
USED OIL RECYCLING
Sections
70.95I.005
70.95I.010
70.95I.020
70.95I.030
70.95I.040
70.95I.050
70.95I.060
70.95I.070
70.95I.080
70.95I.900
70.95I.901
70.95I.902
Finding.
Definitions.
Used oil recycling element.
Used oil recycling element guidelines—Waiver—Statewide
goals.
Oil sellers—Education responsibility—Penalty.
Statewide education.
Disposal of used oil—Penalty.
Used oil transporter and processor requirements—Civil penalties.
Above-ground used oil collection tanks.
Captions not law.
Short title.
Severability—Part headings not law—1991 c 319.
70.95I.005
70.95I.005 Finding. (1) The legislature finds that:
(a) Millions of gallons of used oil are generated each
year in this state, and used oil is a valuable petroleum
resource that can be recycled;
(b) The improper collection, transportation, recycling,
use, or disposal of used oil contributes to the pollution of air,
water, and land, and endangers public health and welfare;
(c) The private sector is a vital resource in the collection
and recycling of used oil and should be involved in its collection and recycling whenever practicable.
(2) In light of the harmful consequences of improper disposal and use of used oil, and its value as a resource, the legislature declares that the collection, recycling, and reuse of
used oil is in the public interest.
(3) The department, when appropriate, should promote
the rerefining of used oil in its grants, public education, regulatory, and other programs. [1991 c 319 § 301.]
Hazardous waste: Chapter 70.95C RCW.
70.95I.010
70.95I.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Rerefining used oil" means the reclaiming of base
lube stock from used oil for use again in the production of
lube stock. Rerefining used oil does not mean combustion or
landfilling.
(2) "Used oil" means (a) lubricating fluids that have been
removed from an engine crankcase, transmission, gearbox,
hydraulic device, or differential of an automobile, bus, truck,
vessel, plane, heavy equipment, or machinery powered by an
internal combustion engine; (b) any oil that has been refined
from crude oil, used, and as a result of use, has been contaminated with physical or chemical impurities; and (c) any oil
that has been refined from crude oil and, as a consequence of
extended storage, spillage, or contamination, is no longer
useful to the original purchaser. "Used oil" does not include
used oil to which hazardous wastes have been added.
[Title 70 RCW—page 266]
(3) "Public used oil collection site" means a site where a
used oil collection tank has been placed for the purpose of
collecting household generated used oil. "Public used oil collection site" also means a vehicle designed or operated to collect used oil from the public.
(4) "Lubricating oil" means any oil designed for use in,
or maintenance of, a vehicle, including, but not limited to,
motor oil, gear oil, and hydraulic oil. "Lubricating oil" does
not mean petroleum hydrocarbons with a flash point below
one hundred degrees Centigrade.
(5) "Vehicle" includes every device physically capable
of being moved upon a public or private highway, road,
street, watercourse, or trail, and in, upon, or by which any
person or property is or may be transported or drawn upon a
public or private highway, road, street, watercourse, or trail,
except devices moved by human or animal power.
(6) "Department" means the department of ecology.
(7) "Local government" means a city or county developing a local hazardous waste plan under RCW 70.105.220.
[1991 c 319 § 302.]
70.95I.020
70.95I.020 Used oil recycling element. (1) Each local
government and its local hazardous waste plan under RCW
70.105.220 is required to include a used oil recycling element. This element shall include:
(a) A plan to reach the local goals for household used oil
recycling established by the local government and the department under RCW 70.95I.030. The plan shall, to the maximum extent possible, incorporate voluntary agreements with
the private sector and state agencies to provide sites for the
collection of used oil. Where provided, the plan shall also
incorporate residential collection of used oil;
(b) A plan for enforcing the sign and container ordinances required by RCW 70.95I.040;
(c) A plan for public education on used oil recycling; and
(d) An estimate of funding needed to implement the
requirements of this chapter. This estimate shall include a
budget reserve for disposal of contaminated oil detected at
any public used oil collection site administered by the local
government.
(2) By July 1, 1993, each local government or combination of contiguous local governments shall submit its used oil
recycling element to the department. The department shall
approve or disapprove the used oil recycling element by January 1, 1994, or within ninety days of submission, whichever
is later. The department shall approve or disapprove the used
oil recycling element if it determines that the element is consistent with this chapter and the guidelines developed by the
department under RCW 70.95I.030.
(3) Each local government, or combination of contiguous local governments, shall submit an annual statement to
the department describing the number of used oil collection
sites and the quantity of household used oil recycled for the
jurisdiction during the previous calendar year. The first statement shall be due April 1, 1994. Subsequent statements shall
be due April 1st of each year.
Nothing in this section shall be construed to require a
city or county to construct or operate a public used oil collection site. [1991 c 319 § 303.]
(2006 Ed.)
Used Oil Recycling
70.95I.030 Used oil recycling element guidelines—
Waiver—Statewide goals. (1) By July 1, 1992, the department shall, in consultation with local governments, prepare
guidelines for the used oil recycling elements required by
RCW 70.95I.020. The guidelines shall:
(a) Require development of local collection and rerefining goals for household used oil for each entity preparing a
used oil recycling element under RCW 70.95I.020;
(b) Require local government to recommend the number
of used oil collection sites needed to meet the local goals. The
department shall establish criteria regarding minimum levels
of used oil collection sites;
(c) Require local government to identify locations suitable as public used oil collection sites as described under
RCW 70.95I.020(1)(a).
(2) The department may waive all or part of the specific
requirements of RCW 70.95I.020 if a local government demonstrates to the satisfaction of the department that the objectives of this chapter have been met.
(3) The department may prepare and implement a used
oil recycling plan for any local government failing to complete the used oil recycling element of the plan.
(4) The department shall develop statewide collection
and rerefining goals for household used oil for each calendar
year beginning with calendar year 1994. Goals shall be based
on the estimated statewide collection and rerefining rate for
calendar year 1993, and shall increase each year until calendar year 1996, when the rate shall be eighty percent.
(5) By July 1, 1993, the department shall prepare guidelines establishing statewide equipment and operating standards for public used oil collection sites. Standards shall:
(a) Allow the use of used oil collection igloos and other
types of portable used oil collection tanks;
(b) Prohibit the disposal of nonhousehold-generated
used oil;
(c) Limit the amount of used oil deposited to five gallons
per household per day;
(d) Ensure adequate protection against leaks and spills;
and
(e) Include other requirements deemed appropriate by
the department. [1991 c 319 § 304.]
70.95I.030
70.95I.040
70.95I.040 Oil sellers—Education responsibility—
Penalty. (1) A person annually selling one thousand or more
gallons of lubricating oil to ultimate consumers for use or
installation off the premises, or five hundred or more vehicle
oil filters to ultimate consumers for use or installation off the
premises within a city or county having an approved used oil
recycling element, shall:
(a) Post and maintain at or near the point of sale, durable
and legible signs informing the public of the importance of
used oil recycling and how and where used oil may be properly recycled; and
(b) Provide for sale at or near the display location of the
lubricating oil or vehicle oil filters, household used oil recycling containers. The department shall design and print the
signs required by this section, and shall make them available
to local governments and retail outlets.
(2) A person, who, after notice, violates this section is
guilty of a misdemeanor and on conviction is subject to a fine
not to exceed one thousand dollars.
(2006 Ed.)
70.95I.070
(3) The department is responsible for notifying retailers
subject to this section.
(4) A city or county may adopt household used oil recycling container standards in order to ensure compatibility
with local recycling programs.
(5) Each local government preparing a used oil recycling
element of a local hazardous waste plan pursuant to RCW
70.95I.020 shall adopt ordinances within its jurisdiction to
enforce subsections (1) and (4) of this section. [1991 c 319 §
305.]
70.95I.050
70.95I.050 Statewide education. The department shall
conduct a public education program to inform the public of
the needs for and benefits of collecting and recycling used oil
in order to conserve resources and protect the environment.
As part of this program, the department shall:
(1) Establish and maintain a statewide list of public used
oil collection sites, and a list of all persons coordinating local
government used oil programs;
(2) Establish a statewide media campaign describing
used oil recycling;
(3) Assist local governments in providing public education and awareness programs concerning used oil by providing technical assistance and education materials; and
(4) Encourage the establishment of voluntary used oil
collection and recycling programs, including public-private
partnerships, and provide technical assistance to persons
organizing such programs. [1991 c 319 § 306.]
70.95I.060
70.95I.060 Disposal of used oil—Penalty. (1) Effective January 1, 1992, the use of used oil for dust suppression
or weed abatement is prohibited.
(2) Effective July 1, 1992, no person may sell or distribute absorbent-based kits, intended for home use, as a means
for collecting, recycling, or disposing of used oil.
(3) Effective January 1, 1994, no person may knowingly
dispose of used oil except by delivery to a person collecting
used oil for recycling, treatment, or disposal, subject to the
provisions of this chapter and chapter 70.105 RCW.
(4) Effective January 1, 1994, no owner or operator of a
solid waste landfill may knowingly accept used oil for disposal in the landfill.
(5) A person who violates this section is guilty of a misdemeanor. [1991 c 319 § 307.]
70.95I.070
70.95I.070 Used oil transporter and processor
requirements—Civil penalties. (1) By January 1, 1993, the
department shall adopt rules requiring any transporter of used
oil to comply with minimum notification, invoicing, recordkeeping, and reporting requirements. For the purpose of this
section, a transporter means a person engaged in the off-site
transportation of used oil in quantities greater than twentyfive gallons per day.
(2) By January 1, 1993, the department shall adopt minimum standards for used oil that is blended into fuels. Standards shall, at a minimum, establish testing and recordkeeping requirements. Unless otherwise exempted, a processor is
any person involved in the marketing, blending, mixing, or
processing of used oil to produce fuel to be burned for energy
recovery.
[Title 70 RCW—page 267]
70.95I.080
Title 70 RCW: Public Health and Safety
(3) Any person who knowingly transports used oil without meeting the requirements of this section shall be subject
to civil penalties under chapter 70.105 RCW.
(4) Rules developed under this section shall not require a
manifest from individual residences served by a waste oil
curbside collection program. [1991 c 319 § 308.]
70.95I.080
70.95I.080 Above-ground used oil collection tanks.
By January 1, 1987, the state fire protection board, in cooperation with the department of ecology, shall develop a statewide standard for the placement of above-ground tanks to
collect used oil from private individuals for recycling purposes. [1986 c 37 § 1. Formerly RCW 19.114.040.]
70.95I.900
70.95I.900 Captions not law. Section headings as used
in this chapter do not constitute any part of the law. [1991 c
319 § 309.]
70.95I.901
70.95I.901 Short title. This chapter shall be known and
may be cited as the used oil recycling act. [1991 c 319 §
310.]
70.95I.902
70.95I.902 Severability—Part headings not law—
1991 c 319. See RCW 70.95F.900 and 70.95F.901.
Chapter 70.95J RCW
MUNICIPAL SEWAGE SLUDGE—BIOSOLIDS
Chapter 70.95J
Sections
70.95J.005
70.95J.007
70.95J.010
70.95J.020
70.95J.025
70.95J.030
70.95J.040
70.95J.050
70.95J.060
70.95J.070
70.95J.080
70.95J.090
Findings—Municipal sewage sludge as a beneficial commodity.
Purpose—Federal requirements.
Definitions.
Biosolid management program—Transportation of biosolids
and sludge.
Biosolids permits—Fees—Biosolids permit account—Report.
Beneficial uses for biosolids and glassified sewage sludge.
Violations—Orders.
Enforcement of chapter.
Violations—Punishment.
Violations—Monetary penalty.
Delegation to local health department—Generally.
Delegation to local health department—Review.
70.95J.005
70.95J.005 Findings—Municipal sewage sludge as a
beneficial commodity. (1) The legislature finds that:
(a) Municipal sewage sludge is an unavoidable byproduct of the wastewater treatment process;
(b) Population increases and technological improvements in wastewater treatment processes will double the
amount of sludge generated within the next ten years;
(c) Sludge management is often a financial burden to
municipalities and to ratepayers;
(d) Properly managed municipal sewage sludge is a valuable commodity and can be beneficially used in agriculture,
silviculture, and in landscapes as a soil conditioner; and
(e) Municipal sewage sludge can contain metals and
microorganisms that, under certain circumstances, may pose
a risk to public health.
(2) The legislature declares that a program shall be established to manage municipal sewage sludge and that the program shall, to the maximum extent possible, ensure that
municipal sewage sludge is reused as a beneficial commodity
[Title 70 RCW—page 268]
and is managed in a manner that minimizes risk to public
health and the environment. [1992 c 174 § 1.]
70.95J.007
70.95J.007 Purpose—Federal requirements. The
purpose of this chapter is to provide the department of ecology and local governments with the authority and direction to
meet federal regulatory requirements for municipal sewage
sludge. The department of ecology may seek delegation and
administer the sludge permit program required by the federal
clean water act as it existed February 4, 1987. [1992 c 174 §
2.]
70.95J.010
70.95J.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Biosolids" means municipal sewage sludge that is a
primarily organic, semisolid product resulting from the
wastewater treatment process, that can be beneficially recycled and meets all requirements under this chapter. For the
purposes of this chapter, "biosolids" includes septic tank
sludge, also known as septage, that can be beneficially recycled and meets all requirements under this chapter.
(2) "Department" means the department of ecology.
(3) "Local health department" has the same meaning as
"jurisdictional health department" in RCW 70.95.030.
(4) "Municipal sewage sludge" means a semisolid substance consisting of settled sewage solids combined with
varying amounts of water and dissolved materials generated
from a publicly owned wastewater treatment plant. [1992 c
174 § 3.]
70.95J.020
70.95J.020 Biosolid management program—Transportation of biosolids and sludge. (1) The department shall
adopt rules to implement a biosolid management program
within twelve months of the adoption of federal rules, 40
C.F.R. Sec. 503, relating to technical standards for the use
and disposal of sewage sludge. The biosolid management
program shall, at a minimum, conform with all applicable
federal rules adopted pursuant to the federal clean water act
as it existed on February 4, 1987.
(2) In addition to any federal requirements, the state biosolid management program may include, but not be limited
to, an education program to provide relevant legal and scientific information to local governments and citizen groups.
(3) Rules adopted by the department under this section
shall provide for public input and involvement for all state
and local permits.
(4) Materials that have received a permit as a biosolid
shall be regulated pursuant to this chapter.
(5) The transportation of biosolids and municipal sewage
sludge shall be governed by Title 81 RCW. Certificates
issued by the utilities and transportation commission before
June 11, 1992, that include or authorize transportation of
municipal sewage sludge shall continue in force and effect
and be interpreted to include biosolids. [1992 c 174 § 4.]
70.95J.025
70.95J.025 Biosolids permits—Fees—Biosolids permit account—Report. (1) The department shall establish
annual fees to collect expenses for issuing and administering
biosolids permits under this chapter. An initial fee schedule
(2006 Ed.)
Biomedical Waste
shall be established by rule and shall be adjusted no more
often than once every two years. This fee schedule applies to
all permits, regardless of date of issuance, and fees shall be
assessed prospectively. Fees shall be established in amounts
to recover expenses incurred by the department in processing
permit applications and modifications, reviewing related
plans and documents, monitoring, evaluating, conducting
inspections, overseeing performance of delegated program
elements, providing technical assistance and supporting overhead expenses that are directly related to these activities.
(2) The annual fee paid by a permittee for any permit
issued under this chapter shall be determined by the number
of residences or residential equivalents contributing to the
permittee’s biosolids management system. If residences or
residential equivalents cannot be determined or reasonably
estimated, fees shall be based on other appropriate criteria.
(3) The biosolids permit account is created in the state
treasury. All receipts from fees under this section must be
deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the account
may be used only for the purposes of administering permits
under this chapter.
(4) The department shall present a biennial progress
report on the use of moneys from the biosolids permit
account to the legislature. The first report is due on or before
December 31, 1998, and thereafter on or before December
31st of odd-numbered years. The report shall consist of information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years.
(5) The department shall work with the regulated community and local health departments to study the feasibility
of modifying the fee schedule to support delegated local
health departments and reduce local health department fees
paid by biosolids permittees. [1997 c 398 § 1.]
70.95J.030
70.95J.030 Beneficial uses for biosolids and glassified
sewage sludge. The department may work with all appropriate state agencies, local governments, and private entities to
establish beneficial uses for biosolids and glassified sewage
sludge. [1992 c 174 § 5.]
70.95J.040
70.95J.040 Violations—Orders. If a person violates
any provision of this chapter, or a permit issued or rule
adopted pursuant to this chapter, the department may issue an
appropriate order to assure compliance with the chapter, permit, or rule. [1992 c 174 § 6.]
70.95J.050
70.95J.050 Enforcement of chapter. The department,
with the assistance of the attorney general, may bring an
action at law or in equity, including an action for injunctive
relief, to enforce this chapter or a permit issued or rule
adopted by the department pursuant to this chapter. [1992 c
174 § 7.]
70.95J.060
70.95J.060 Violations—Punishment. A person who
willfully violates, without sufficient cause, any of the provisions of this chapter, or a permit or order issued pursuant to
this chapter, is guilty of a gross misdemeanor. Willful violation of this chapter, or a permit or order issued pursuant to
this chapter is a gross misdemeanor punishable by a fine of
(2006 Ed.)
70.95K.005
up to ten thousand dollars and costs of prosecution, or by
imprisonment for up to one year, or by both. Each day of violation may be deemed a separate violation. [1992 c 174 § 8.]
70.95J.070
70.95J.070 Violations—Monetary penalty. In addition to any other penalty provided by law, a person who violates this chapter or rules or orders adopted or issued pursuant
to it shall be subject to a penalty in an amount of up to five
thousand dollars a day for each violation. Each violation shall
be a separate violation. In the case of a continuing violation,
each day of violation is a separate violation. An act of commission or omission that procures, aids, or abets in the violation shall be considered a violation under this section. [1992
c 174 § 9.]
70.95J.080
70.95J.080 Delegation to local health department—
Generally. The department may delegate to a local health
department the powers necessary to issue and enforce permits
to use or dispose of biosolids. A delegation may be withdrawn if the department finds that a local health department
is not effectively administering the permit program. [1992 c
174 § 10.]
70.95J.090
70.95J.090 Delegation to local health department—
Review. (1) Any permit issued by a local health department
under RCW 70.95J.080 may be reviewed by the department
to ensure that the proposed site or facility conforms with all
applicable laws, rules, and standards under this chapter.
(2) If the department does not approve or disapprove a
permit within sixty days, the permit shall be considered
approved.
(3) A local health department may appeal the department’s decision to disapprove a permit to the pollution control hearings board, as provided in chapter 43.21B RCW.
[1992 c 174 § 11.]
Chapter 70.95K
Chapter 70.95K RCW
BIOMEDICAL WASTE
Sections
70.95K.005
70.95K.010
70.95K.011
70.95K.020
70.95K.030
70.95K.040
70.95K.900
70.95K.910
70.95K.920
Findings.
Definitions.
State definition preempts local definitions.
Waste treatment technologies.
Residential sharps—Disposal—Violation.
Residential sharps waste collection.
Section headings.
Severability—1992 c 14.
Effective dates—1992 c 14.
70.95K.005
70.95K.005 Findings. The legislature finds and
declares that:
(1) It is a matter of statewide concern that biomedical
waste be handled in a manner that protects the health, safety,
and welfare of the public, the environment, and the workers
who handle the waste.
(2) Infectious disease transmission has not been identified from improperly disposed biomedical waste, but the
potential for such transmission may be present.
(3) A uniform, statewide definition of biomedical waste
will simplify compliance with local regulations while pre[Title 70 RCW—page 269]
70.95K.010
Title 70 RCW: Public Health and Safety
serving local control of biomedical waste management.
[1992 c 14 § 1.]
70.95K.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Biomedical waste" means, and is limited to, the following types of waste:
(a) "Animal waste" is waste animal carcasses, body
parts, and bedding of animals that are known to be infected
with, or that have been inoculated with, human pathogenic
microorganisms infectious to humans.
(b) "Biosafety level 4 disease waste" is waste contaminated with blood, excretions, exudates, or secretions from
humans or animals who are isolated to protect others from
highly communicable infectious diseases that are identified
as pathogenic organisms assigned to biosafety level 4 by the
centers for disease control, national institute of health, biosafety in microbiological and biomedical laboratories, current edition.
(c) "Cultures and stocks" are wastes infectious to
humans and includes specimen cultures, cultures and stocks
of etiologic agents, wastes from production of biologicals and
serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks
of etiologic agents or blood specimens. Such waste includes
but is not limited to culture dishes, blood specimen tubes, and
devices used to transfer, inoculate, and mix cultures.
(d) "Human blood and blood products" is discarded
waste human blood and blood components, and materials
containing free-flowing blood and blood products.
(e) "Pathological waste" is waste human source biopsy
materials, tissues, and anatomical parts that emanate from
surgery, obstetrical procedures, and autopsy. "Pathological
waste" does not include teeth, human corpses, remains, and
anatomical parts that are intended for interment or cremation.
(f) "Sharps waste" is all hypodermic needles, syringes
with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.
(2) "Local government" means city, town, or county.
(3) "Local health department" means the city, county,
city-county, or district public health department.
(4) "Person" means an individual, firm, corporation,
association, partnership, consortium, joint venture, commercial entity, state government agency, or local government.
(5) "Treatment" means incineration, sterilization, or
other method, technique, or process that changes the character or composition of a biomedical waste so as to minimize
the risk of transmitting an infectious disease.
(6) "Residential sharps waste" has the same meaning as
"sharps waste" in subsection (1) of this section except that the
sharps waste is generated and prepared for disposal at a residence, apartment, dwelling, or other noncommercial habitat.
(7) "Sharps waste container" means a leak-proof, rigid,
puncture-resistant red container that is taped closed or tightly
lidded to prevent the loss of the residential sharps waste.
(8) "Mail programs" means those programs that provide
sharps users with a multiple barrier protection kit for the
placement of a sharps container and subsequent mailing of
the wastes to an approved disposal facility.
70.95K.010
[Title 70 RCW—page 270]
(9) "Pharmacy return programs" means those programs
where sharps containers are returned by the user to designated return sites located at a pharmacy to be transported by
a biomedical or solid waste collection company approved by
the utilities and transportation commission.
(10) "Drop-off programs" means those program sites
designated by the solid waste planning jurisdiction where
sharps users may dispose of their sharps containers.
(11) "Source separation" has the same meaning as in
RCW 70.95.030.
(12) "Unprotected sharps" means residential sharps
waste that are not disposed of in a sharps waste container.
[1994 c 165 § 2; 1992 c 14 § 2.]
Findings—Purpose—Intent—1994 c 165: "The legislature finds that
the improper disposal and labeling of sharps waste from residences poses a
potential health risk and perceived threat to the waste generators, public, and
workers in the waste and recycling industry. The legislature further finds that
a uniform method for handling sharps waste generated at residences will
reduce confusion and injuries, and enhance public and waste worker confidence.
It is the purpose and intent of this act that residential generated sharps
waste be contained in easily identified containers and separated from the regular solid waste stream to ensure worker safety and promote proper disposal
of these wastes in a manner that is environmentally safe and economically
sound." [1994 c 165 § 1.]
70.95K.011
70.95K.011 State definition preempts local definitions. The definition of biomedical waste set forth in RCW
70.95K.010 shall be the sole state definition for biomedical
waste within the state, and shall preempt biomedical waste
definitions established by a local health department or local
government. [1992 c 14 § 3.]
70.95K.020
70.95K.020 Waste treatment technologies. (1) At the
request of an applicant, the department of health, in consultation with the department of ecology and local health departments, may evaluate the environmental and public health
impacts of biomedical waste treatment technologies. The
department shall make available the results of any evaluation
to local health departments.
(2) All direct costs associated with the evaluation shall
be paid by the applicant to the department of health or to a
state or local entity designated by the department of health.
(3) For the purposes of this section, "applicant" means
any person representing a biomedical waste treatment technology that seeks an evaluation under subsection (1) of this
section.
(4) The department of health may adopt rules to implement this section. [1992 c 14 § 4.]
70.95K.030
70.95K.030 Residential sharps—Disposal—Violation. (1) A person shall not intentionally place unprotected
sharps or a sharps waste container into: (a) Recycling containers provided by a city, county, or solid waste collection
company, or any other recycling collection site unless that
site is specifically designated by a local health department as
a drop-off site for sharps waste containers; or (b) cans, carts,
drop boxes, or other containers in which refuse, trash, or solid
waste has been placed for collection if a source separated collection service is provided for residential sharps waste.
(2) Local health departments shall enforce this section,
primarily through an educational approach regarding proper
(2006 Ed.)
Detergent Phosphorus Content
disposal of residential sharps. On the first and second violation, the health department shall provide a warning to the person that includes information on proper disposal of residential sharps. A subsequent violation shall be a class 3 infraction under chapter 7.80 RCW.
(3) It is not a violation of this section to place a sharps
waste container into a household refuse receptacle if the utilities and transportation commission determines that such
placement is necessary to reduce the potential for theft of the
sharps waste container. [1994 c 165 § 3.]
Effective date—1994 c 165 § 3: "Section 3 of this act shall take effect
July 1, 1995." [1994 c 165 § 6.]
Findings—Purpose—Intent—1994 c 165: See note following RCW
70.95K.010.
70.95K.040
70.95K.040 Residential sharps waste collection. (1)
A public or private provider of solid waste collection service
may provide a program to collect source separated residential
sharps waste containers in conjunction with regular collection services.
(2) A company collecting source separated residential
sharps waste containers shall notify the public, in writing, on
the availability of this service. Notice shall occur at least
forty-five days prior to the provision of this service and shall
include the following information: (a) How to properly dispose of residential sharps waste; (b) how to obtain sharps
waste containers; (c) the cost of the program; (d) options to
home collection of sharps waste; and (e) the legal requirements of residential sharps waste disposal.
(3) A company under the jurisdiction of the utilities and
transportation commission may provide the service authorized under subsection (1) of this section only under tariff.
The commission may require companies collecting
sharps waste containers to implement practices that will protect the containers from theft. [1994 c 165 § 4.]
Findings—Purpose—Intent—1994 c 165: See note following RCW
70.95K.010.
70.95K.900
70.95K.900 Section headings. Section headings as
used in this chapter do not constitute any part of the law.
[1992 c 14 § 5.]
70.95K.910
70.95K.910 Severability—1992 c 14. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1992 c 14 § 6.]
70.95K.920
70.95K.920 Effective dates—1992 c 14. (1) Sections 2
and 3 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take
effect immediately [March 20, 1992].
(2) Section 4 of this act shall take effect October 1, 1992.
[1992 c 14 § 7.]
(2006 Ed.)
70.95L.020
Chapter 70.95L RCW
DETERGENT PHOSPHORUS CONTENT
Chapter 70.95L
Sections
70.95L.005
70.95L.010
70.95L.020
70.95L.030
70.95L.040
Finding.
Definitions.
Phosphorus content regulated.
Notice to distributors and wholesalers.
Injunction.
70.95L.005
70.95L.005 Finding. The legislature hereby finds and
declares that:
(1) Phosphorus loading of surface waters can stimulate
the growth of weeds and algae, and that such growth can have
adverse environmental, health, and aesthetic effects;
(2) Household detergents contribute to phosphorus loading, and that a limit on detergents containing phosphorus can
significantly reduce the discharge of phosphorus into the
state’s surface and ground waters;
(3) Household detergents containing no or very low
phosphorus are readily available and that over thirty percent
of the United States population lives in areas with a ban on
detergents containing phosphorus;
(4) Phosphorus limits on household detergents can significantly reduce treatment costs at those sewage treatment
facilities that remove phosphorus from the waste stream; and
(5) While significant reductions of phosphorus from
laundry detergent have been accomplished, similar progress
in reducing phosphorus contributions from dishwashing
detergents has not been achieved.
It is therefore the intent of the legislature to impose a
statewide limit on the phosphorus content of household detergents. [2006 c 223 § 1; 1993 c 118 § 1.]
70.95L.010
70.95L.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 70.95L.005 through 70.95L.030.
(1) "Department" means the department of ecology.
(2) "Dishwashing detergent" means a cleaning agent
sold, used, or manufactured for the purpose of cleaning
dishes, whether by hand or by household machine.
(3) "Laundry detergent" means a cleaning agent sold,
used, or manufactured for the purpose of cleaning laundry,
whether by hand or by household machine.
(4) "Person" means an individual, firm, association,
copartnership, political subdivision, government agency,
municipality, industry, public or private corporation, or any
other entity whatsoever.
(5) "Phosphorus" means elemental phosphorus. [1993 c
118 § 2.]
70.95L.020
70.95L.020 Phosphorus content regulated. (1) After
July 1, 1994, a person may not sell or distribute for sale a
laundry detergent that contains 0.5 percent or more phosphorus by weight.
(2)(a) After July 1, 1994, and until the dates specified in
(b) of this subsection, a person may not sell or distribute for
sale a dishwashing detergent that contains 8.7 percent or
more phosphorous [phosphorus] by weight.
(b) A person may not sell or distribute for sale a dishwashing detergent that contains 0.5 percent or more phosphorus by weight:
[Title 70 RCW—page 271]
70.95L.030
Title 70 RCW: Public Health and Safety
(i) Commencing July 1, 2008, in counties with populations, as determined by office of financial management population estimates:
(A) Greater than one hundred eighty thousand and less
than two hundred twenty thousand; and
(B) Greater than three hundred ninety thousand and less
than six hundred fifty thousand;
(ii) Commencing July 1, 2010, throughout the state.
(3) This section does not apply to the sale or distribution
of detergents for commercial and industrial uses. [2006 c 223
§ 2; 1993 c 118 § 3.]
70.95L.030
70.95L.030 Notice to distributors and wholesalers.
The department is responsible for notifying major distributors and wholesalers of the statewide limit on phosphorus in
detergents. [1993 c 118 § 4.]
70.95L.040
70.95L.040 Injunction. The attorney general or appropriate city or county prosecuting attorney is authorized to
bring an appropriate action to enjoin any violation of the provisions of RCW 70.95L.020. [1993 c 118 § 5.]
Chapter 70.95M
Chapter 70.95M RCW
MERCURY
Sections
70.95M.010
70.95M.020
70.95M.030
70.95M.040
70.95M.050
70.95M.060
70.95M.070
70.95M.080
70.95M.090
70.95M.100
70.95M.110
70.95M.115
70.95M.120
70.95M.130
Definitions.
Fluorescent lamps—Labeling requirements.
Mercury disposal education plan.
Schools—Purchase of mercury prohibited.
Prohibited sales—Novelties, manometers, thermometers,
thermostats, motor vehicles.
Rules—Product preference.
Clearinghouse—Department participation.
Penalties.
Crematories—Nonapplicability of chapter.
Prescription drugs, biological products, over-the-counter
items—Nonapplicability of chapter.
Medical equipment, research tests—Nonapplicability of
chapter.
Vaccines.
Fiscal impact—Toxics control account.
National mercury repository site.
70.95M.010
70.95M.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Automotive mercury switch" includes a convenience switch, such as a switch for a trunk or hood light, and
a mercury switch in antilock brake systems.
(2) "Department" means the department of ecology.
(3) "Director" means the director of the department of
ecology.
(4) "Health care facility" includes a hospital, nursing
home, extended care facility, long-term care facility, clinical
or medical laboratory, state or private health or mental institution, clinic, physician’s office, or health maintenance organization.
(5) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a mercury-added product
or an importer or domestic distributor of a mercury-added
product produced in a foreign country. In the case of a multicomponent product containing mercury, the manufacturer is
[Title 70 RCW—page 272]
the last manufacturer to produce or assemble the product. If
the multicomponent product or mercury-added product is
produced in a foreign country, the manufacturer is the first
importer or domestic distributor.
(6) "Mercury-added button-cell battery" means a buttoncell battery to which the manufacturer intentionally introduces mercury for the operation of the battery.
(7) "Mercury-added novelty" means a mercury-added
product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but
are not limited to, items intended for use as practical jokes,
figurines, adornments, toys, games, cards, ornaments, yard
statues and figures, candles, jewelry, holiday decorations,
items of apparel, and other similar products. Mercury-added
novelty does not include games, toys, or products that require
a button-cell or lithium battery, liquid crystal display screens,
or a lamp that contains mercury.
(8) "Mercury-added product" means a product, commodity, or chemical, or a product with a component that contains
mercury or a mercury compound intentionally added to the
product, commodity, or chemical in order to provide a specific characteristic, appearance, or quality, or to perform a
specific function, or for any other reason. Mercury-added
products include, but are not limited to, mercury thermometers, mercury thermostats, and mercury switches in motor
vehicles.
(9) "Mercury manometer" means a mercury-added product that is used for measuring blood pressure.
(10) "Mercury thermometer" means a mercury-added
product that is used for measuring temperature.
(11) "Retailer" means a retailer of a mercury-added
product. [2003 c 260 § 2.]
70.95M.020
70.95M.020 Fluorescent lamps—Labeling requirements. (1) Effective January 1, 2004, a manufacturer, wholesaler, or retailer may not knowingly sell at retail a fluorescent
lamp if the fluorescent lamp contains mercury and was manufactured after November 30, 2003, unless the fluorescent
lamp is labeled in accordance with the guidelines listed under
subsection (2) of this section. Primary responsibility for
affixing labels required under this section is on the manufacturer, and not on the wholesaler or retailer.
(2) Except as provided in subsection (3) of this section, a
lamp is considered labeled pursuant to subsection (1) of this
section if the lamp has all of the following:
(a) A label affixed to the lamp that displays the internationally recognized symbol for the element mercury; and
(b) A label on the lamp’s packaging that: (i) Clearly
informs the purchaser that mercury is present in the item; (ii)
explains that the fluorescent lamp should be disposed of
according to applicable federal, state, and local laws; and (iii)
provides a toll-free telephone number, and a uniform
resource locator internet address to a web site, that contains
information on applicable disposal laws.
(3) The manufacturer of a mercury-added lamp is in
compliance with the requirements of this section if the manufacturer is in compliance with the labeling requirements of
another state.
(4) The provisions of this section do not apply to products containing mercury-added lamps. [2003 c 260 § 3.]
(2006 Ed.)
Mercury
70.95M.030 Mercury disposal education plan. The
department of health must develop an educational plan for
schools, local governments, businesses, and the public on the
proper disposal methods for mercury and mercury-added
products. [2003 c 260 § 4.]
70.95M.030
70.95M.040 Schools—Purchase of mercury prohibited. A school may not purchase for use in a primary or secondary classroom bulk elemental mercury or chemical mercury compounds. By January 1, 2006, all primary and secondary schools in the state must remove and properly dispose
of all bulk elemental mercury, chemical mercury, and bulk
mercury compounds used as teaching aids in science classrooms, not including barometers. [2003 c 260 § 5.]
70.95M.040
70.95M.100
ducts or participates in a thermostat recovery or recycling
program designed to assist contractors in the proper disposal
of thermostats that contain mercury in accordance with 42
U.S.C. Sec. 6901, et seq., the federal resource conservation
and recovery act.
(4) No person may sell, offer for sale, or distribute for
sale or use in this state a motor vehicle manufactured after
January 1, 2006, if the motor vehicle contains an automotive
mercury switch.
(5) Nothing in this section restricts the ability of a manufacturer, importer, or domestic distributor from transporting
products through the state, or storing products in the state for
later distribution outside the state. [2003 c 260 § 6.]
70.95M.060
70.95M.050 Prohibited sales—Novelties, manometers, thermometers, thermostats, motor vehicles. (1)
Effective January 1, 2006, no person may sell, offer for sale,
or distribute for sale or use in this state a mercury-added novelty. A manufacturer of mercury-added novelties must notify
all retailers that sell the product about the provisions of this
section and how to properly dispose of any remaining mercury-added novelty inventory.
(2)(a) Effective January 1, 2006, no person may sell,
offer for sale, or distribute for sale or use in this state a
manometer used to measure blood pressure or a thermometer
that contains mercury. This subsection (2)(a) does not apply
to:
(i) An electronic thermometer with a button-cell battery
containing mercury;
(ii) A thermometer that contains mercury and that is used
for food research and development or food processing,
including meat, dairy products, and pet food processing;
(iii) A thermometer that contains mercury and that is a
component of an animal agriculture climate control system or
industrial measurement system or for veterinary medicine
until such a time as the system is replaced or a nonmercury
component for the system or application is available;
(iv) A thermometer or manometer that contains mercury
that is used for calibration of other thermometers, manometers, apparatus, or equipment, unless a nonmercury calibration standard is approved for the application by the national
institute of standards and technology;
(v) A thermometer that is provided by prescription. A
manufacturer of a mercury thermometer shall supply clear
instructions on the careful handling of the thermometer to
avoid breakage and proper cleanup should a breakage occur;
or
(vi) A manometer or thermometer sold or distributed to a
hospital, or a health care facility controlled by a hospital, if
the hospital has adopted a plan for mercury reduction consistent with the goals of the mercury chemical action plan developed by the department under section 302, chapter 371, Laws
of 2002.
(b) A manufacturer of thermometers that contain mercury must notify all retailers that sell the product about the
provisions of this section and how to properly dispose of any
remaining thermometer inventory.
(3) Effective January 1, 2006, no person may sell, install,
or reinstall a commercial or residential thermostat that contains mercury unless the manufacturer of the thermostat con70.95M.050
(2006 Ed.)
70.95M.060 Rules—Product preference. (1) The
department of general administration must, by January 1,
2005, revise its rules, policies, and guidelines to implement
the purpose of this chapter.
(2) The department of general administration must give
priority and preference to the purchase of equipment, supplies, and other products that contain no mercury-added compounds or components, unless: (a) There is no economically
feasible nonmercury-added alternative that performs a similar function; or (b) the product containing mercury is
designed to reduce electricity consumption by at least forty
percent and there is no nonmercury or lower mercury alternative available that saves the same or a greater amount of electricity as the exempted product. In circumstances where a
nonmercury-added product is not available, preference must
be given to the purchase of products that contain the least
amount of mercury added to the product necessary for the
required performance. [2003 c 260 § 7.]
70.95M.070
70.95M.070 Clearinghouse—Department participation. The department is authorized to participate in a
regional or multistate clearinghouse to assist in carrying out
any of the requirements of this chapter. A clearinghouse may
also be used for examining notification and label requirements, developing education and outreach activities, and
maintaining a list of all mercury-added products. [2003 c 260
§ 8.]
70.95M.080
70.95M.080 Penalties. A violation of this chapter is
punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first violation. Repeat
violators are liable for a civil penalty not to exceed five thousand dollars for each repeat violation. Penalties collected
under this section must be deposited in the state toxics control
account created in RCW 70.105D.070. [2003 c 260 § 9.]
70.95M.090
70.95M.090 Crematories—Nonapplicability of chapter. Nothing in this chapter applies to crematories as that
term is defined in RCW 68.04.070. [2003 c 260 § 10.]
70.95M.100
70.95M.100 Prescription drugs, biological products,
over-the-counter items—Nonapplicability of chapter.
Nothing in this chapter applies to prescription drugs regulated by the food and drug administration under the federal
food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.), to
biological products regulated by the food and drug adminis[Title 70 RCW—page 273]
70.95M.110
Title 70 RCW: Public Health and Safety
tration under the public health service act (42 U.S.C. Sec. 262
et seq.), or to any substance that may be lawfully sold overthe-counter without a prescription under the federal food,
drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.). [2003 c
260 § 12.]
70.95M.110
70.95M.110 Medical equipment, research tests—
Nonapplicability of chapter. Nothing in RCW 70.95M.020,
70.95M.050 (1), (3), or (4), or 70.95M.060 applies to medical
equipment or reagents used in medical or research tests regulated by the food and drug administration under the federal
food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.).
[2003 c 260 § 13.]
70.95M.115
70.95M.115 Vaccines. (1) Beginning July 1, 2007, a
person who is known to be pregnant or who is under three
years of age shall not be vaccinated with a mercury-containing vaccine or injected with a mercury-containing product
that contains more than 0.5 micrograms of mercury per 0.5
milliliter dose.
(2) Notwithstanding subsection (1) of this section, an
influenza vaccine may contain up to 1.0 micrograms of mercury per 0.5 milliliter dose.
(3) The secretary of the department of health may, upon
declaration of a public health emergency, suspend the
requirements of this section for the duration of the emergency.
(4) All vaccines and products referenced under this section must meet food and drug administration licensing
requirements. [2006 c 231 § 2.]
Findings—2006 c 231: "The legislature finds that vaccinations and
immunizations are among the most important public health innovations of
the last one hundred years. The centers for disease control and prevention
placed vaccinations at the top of its list of the ten greatest public health
achievements of the twentieth century. In its efforts to improve public health
in the world’s poorest countries, the Bill and Melinda Gates foundation has
identified childhood immunization as a cost-effective method of improving
public health and saving the lives of millions of children around the world.
Fortunately, in Washington, safe and cost-effective vaccinations
against childhood diseases are widely available through both public and private resources. The vaccines that the Washington state department of health
provides to meet the requirements for the recommended childhood vaccination schedule through its universal childhood vaccine program are screened
for thimerosal and preference is given toward the purchase of thimerosal-free
products. The department of health currently provides thimerosal-free products for all routinely recommended childhood vaccines. Regardless of the
absence of thimerosal in childhood vaccines in Washington, scientifically
reputable organizations such as the centers for disease control and prevention, the national institute of medicine, the American academy of pediatrics,
the food and drug administration, and the world health organization have all
determined that there is no credible evidence that the use of thimerosal in
vaccines poses a threat to the health and safety of children.
Notwithstanding these assurances of the safety of the vaccine supply,
the legislature finds that where there is public concern over the safety of vaccines, vaccination rates may be reduced to the point that deadly, vaccine-preventable, childhood diseases return. This measure is being enacted to maintain public confidence in vaccine programs, so that the public will continue
to seek vaccinations and their health benefits may continue to protect the
people of Washington." [2006 c 231 § 1.]
70.95M.120
70.95M.120 Fiscal impact—Toxics control account.
Any fiscal impact on the department or the department of
health that results from the implementation of this chapter
must be paid for out of funds that are appropriated by the legislature from the state toxics control account for the imple[Title 70 RCW—page 274]
mentation of the department’s persistent bioaccumulative
toxic chemical strategy. [2003 c 260 § 11.]
70.95M.130 National mercury repository site. The
department of ecology shall petition the United States environmental protection agency requesting development of a
national mercury repository site. [2003 c 260 § 14.]
70.95M.130
Chapter 70.95N RCW
ELECTRONIC PRODUCT RECYCLING
Chapter 70.95N
Sections
70.95N.010
70.95N.020
70.95N.030
70.95N.040
70.95N.050
70.95N.060
70.95N.070
70.95N.080
70.95N.090
70.95N.100
70.95N.110
70.95N.120
70.95N.130
70.95N.140
70.95N.150
70.95N.160
70.95N.170
70.95N.180
70.95N.190
70.95N.200
70.95N.210
70.95N.220
70.95N.230
70.95N.240
70.95N.250
70.95N.260
70.95N.270
70.95N.280
70.95N.290
70.95N.300
70.95N.310
70.95N.320
70.95N.330
70.95N.340
70.95N.900
70.95N.901
70.95N.902
Findings.
Definitions.
Manufacturer participation.
Manufacturer registration.
Independent plan requirements.
Standard, independent plan requirements—Fees to be set by
the department—Acceptance or rejection by department.
Plan updates—Revised plan.
Independent plan participants changing to standard plan.
Collection services.
Successor duties.
Covered electronic sampling.
Promotion of covered product recycling.
Electronic products recycling account.
Annual reports.
Nonprofit charitable organizations—Report.
Electronic products for sale must include manufacturer’s
brand.
Sale of covered electronic products.
Department web site.
Return share calculation.
Equivalent share calculation—Notice to manufacturers—Billing parties that do not meet their plan’s equivalent share—
Payments to parties that exceed their plan’s equivalent
share—Nonprofit charitable organizations.
Preliminary return share—Notice—Challenges—Final return
share.
Covered electronic products collected during a program
year—Payment per pound under, over equivalent share.
Rules—Fees—Reports.
Collector, transporter, processor registration.
Processors to comply with performance standards for environmentally sound management—Rules.
Selling covered electronic products without participating in an
approved plan prohibited—Written warning—Penalty—
Failure to comply with manufacturer registration requirements.
Reports.
Materials management and financing authority.
Board of directors of the authority.
Manufacturers to pay their apportioned share of administrative
and operational costs—Performance bonds—Dispute arbitration.
Authority use of funds.
General operating plan.
Authority employees—Initial staff support—Authority powers.
Federal preemption.
Construction—2006 c 183.
Severability—2006 c 183.
Effective date—2006 c 183.
70.95N.010 Findings. The legislature finds that a convenient, safe, and environmentally sound system for the collection, transportation, and recycling of covered electronic
products must be established. The legislature further finds
that the system must encourage the design of electronic products that are less toxic and more recyclable. The legislature
further finds that the responsibility for this system must be
shared among all stakeholders, with manufacturers financing
the collection, transportation, and recycling system. [2006 c
183 § 1.]
70.95N.010
(2006 Ed.)
Electronic Product Recycling
70.95N.020
70.95N.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Authority" means the Washington materials management and financing authority created under RCW
70.95N.280.
(2) "Authorized party" means a manufacturer who submits an individual independent plan or the entity authorized
to submit an independent plan for more than one manufacturer.
(3) "Board" means the board of directors of the Washington materials management and financing authority created
under RCW 70.95N.290.
(4) "Collector" means an entity licensed to do business in
the state that gathers unwanted covered electronic products
from households, small businesses, school districts, small
governments, and charities for the purpose of recycling and
meets minimum standards that may be developed by the
department.
(5) "Contract for services" means an instrument executed
by the authority and one or more persons or entities that
delineates collection, transportation, and recycling services,
in whole or in part, that will be provided to the citizens of the
state within service areas as described in the approved standard plan.
(6) "Covered electronic product" includes a cathode ray
tube or flat panel computer monitor having a viewable area
greater than four inches when measured diagonally, a desktop
computer, a laptop or a portable computer, or a cathode ray
tube or flat panel television having a viewable area greater
than four inches when measured diagonally that has been
used in the state by any covered entity regardless of original
point of purchase. "Covered electronic product" does not
include: (a) A motor vehicle or replacement parts for use in
motor vehicles or aircraft, or any computer, computer monitor, or television that is contained within, and is not separate
from, the motor vehicle or aircraft; (b) monitoring and control instruments or systems; (c) medical devices; (d) products
including materials intended for use as ingredients in those
products as defined in the federal food, drug, and cosmetic
act (21 U.S.C. Sec. 301 et seq.) or the virus-serum-toxin act
of 1913 (21 U.S.C. Sec. 151 et seq.), and regulations issued
under those acts; (e) equipment used in the delivery of patient
care in a health care setting; (f) a computer, computer monitor, or television that is contained within a clothes washer,
clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air
conditioner, dehumidifier, or air purifier; or (g) hand-held
portable voice or data devices used for commercial mobile
services as defined in 47 U.S.C. Sec. 332 (d)(1).
(7) "Covered entity" means any household, charity,
school district, small business, or small government located
in Washington state.
(8) "Curbside service" means a collection service providing regularly scheduled pickup of covered electronic products from households or other covered entities in quantities
generated from households.
(9) "Department" means the department of ecology.
(10) "Electronic product" includes a cathode ray tube or
flat panel computer monitor having a viewable area greater
than four inches when measured diagonally; a desktop com(2006 Ed.)
70.95N.020
puter; a laptop or a portable computer; or a cathode ray tube
or flat screen television having a viewable area greater than
four inches when measured diagonally.
(11) "Equivalent share" means the weight in pounds of
covered electronic products identified for an individual manufacturer under this chapter as determined by the department
under RCW 70.95N.200.
(12) "Household" means a single detached dwelling unit
or a single unit of a multiple dwelling unit and appurtenant
structures.
(13) "Independent plan" means a plan for the collection,
transportation, and recycling of unwanted covered electronic
products that is developed, implemented, and financed by an
individual manufacturer or by an authorized party.
(14) "Manufacturer" means any person, in business or no
longer in business but having a successor in interest, who,
irrespective of the selling technique used, including by means
of distance or remote sale:
(a) Manufactures or has manufactured a covered electronic product under its own brand names for sale in or into
this state;
(b) Assembles or has assembled a covered electronic
product that uses parts manufactured by others for sale in or
into this state under the assembler’s brand names;
(c) Resells or has resold in or into this state under its own
brand names a covered electronic product produced by other
suppliers, including retail establishments that sell covered
electronic products under their own brand names;
(d) Manufactures or manufactured a cobranded product
for sale in or into this state that carries the name of both the
manufacturer and a retailer;
(e) Imports or has imported a covered electronic product
into the United States that is sold in or into this state. However, if the imported covered electronic product is manufactured by any person with a presence in the United States
meeting the criteria of manufacturer under (a) through (d) of
this subsection, that person is the manufacturer. For purposes
of this subsection, "presence" means any person that performs activities conducted under the standards established for
interstate commerce under the commerce clause of the
United States Constitution; or
(f) Sells at retail a covered electronic product acquired
from an importer that is the manufacturer as described in (e)
of this subsection, and elects to register in lieu of the importer
as the manufacturer for those products.
(15) "New entrant" means: (a) A manufacturer of televisions that have been sold in the state for less than ten years;
or (b) a manufacturer of desktop computers, laptop and portable computers, or computer monitors that have been sold in
the state for less than five years. However, a manufacturer of
both televisions and computers or a manufacturer of both
televisions and computer monitors that is deemed a new
entrant under either only (a) or (b) of this subsection is not
considered a new entrant for purposes of this chapter.
(16) "Orphan product" means a covered electronic product that lacks a manufacturer’s brand or for which the manufacturer is no longer in business and has no successor in interest.
(17) "Plan’s equivalent share" means the weight in
pounds of covered electronic products for which a plan is
responsible. A plan’s equivalent share is equal to the sum of
[Title 70 RCW—page 275]
70.95N.030
Title 70 RCW: Public Health and Safety
the equivalent shares of each manufacturer participating in
that plan.
(18) "Plan’s return share" means the sum of the return
shares of each manufacturer participating in that plan.
(19) "Premium service" means services such as at-location system upgrade services provided to covered entities and
at-home pickup services offered to households. "Premium
service" does not include curbside service.
(20) "Processor" means an entity engaged in disassembling, dismantling, or shredding electronic products to
recover materials contained in the electronic products and
prepare those materials for reclaiming or reuse in new products in accordance with processing standards established by
this chapter and by the department. A processor may also salvage parts to be used in new products.
(21) "Product type" means one of the following categories: Computer monitors; desktop computers; laptop and portable computers; and televisions.
(22) "Program" means the collection, transportation, and
recycling activities conducted to implement an independent
plan or the standard plan.
(23) "Program year" means each full calendar year after
the program has been initiated.
(24) "Recycling" means transforming or remanufacturing unwanted electronic products, components, and byproducts into usable or marketable materials for use other than
landfill disposal or incineration. "Recycling" does not
include energy recovery or energy generation by means of
combusting unwanted electronic products, components, and
byproducts with or without other waste. Smelting of electronic materials to recover metals for reuse in conformance
with all applicable laws and regulations is not considered disposal or energy recovery.
(25) "Retailer" means a person who offers covered electronic products for sale at retail through any means including,
but not limited to, remote offerings such as sales outlets, catalogs, or the internet, but does not include a sale that is a
wholesale transaction with a distributor or a retailer.
(26) "Return share" means the percentage of covered
electronic products by weight identified for an individual
manufacturer, as determined by the department under RCW
70.95N.190.
(27) "Reuse" means any operation by which an electronic product or a component of a covered electronic product
changes ownership and is used for the same purpose for
which it was originally purchased.
(28) "Small business" means a business employing less
than fifty people.
(29) "Small government" means a city in the state with a
population less than fifty thousand, a county in the state with
a population less than one hundred twenty-five thousand, and
special purpose districts in the state.
(30) "Standard plan" means the plan for the collection,
transportation, and recycling of unwanted covered electronic
products developed, implemented, and financed by the
authority on behalf of manufacturers participating in the
authority.
(31) "Transporter" means an entity that transports covered electronic products from collection sites or services to
processors or other locations for the purpose of recycling, but
[Title 70 RCW—page 276]
does not include any entity or person that hauls their own
unwanted electronic products.
(32) "Unwanted electronic product" means a covered
electronic product that has been discarded or is intended to be
discarded by its owner.
(33) "White box manufacturer" means a person who
manufactured unbranded covered electronic products offered
for sale in the state within ten years prior to a program year
for televisions or within five years prior to a program year for
desktop computers, laptop or portable computers, or computer monitors. [2006 c 183 § 2.]
70.95N.030
70.95N.030 Manufacturer participation. (1) A manufacturer must participate in an independent plan or the standard plan to implement and finance the collection, transportation, and recycling of covered electronic products.
(2) An independent plan or the standard plan must be
implemented and fully operational no later than January 1,
2009.
(3) The manufacturers participating in an approved plan
are responsible for covering all administrative and operational costs associated with the collection, transportation, and
recycling of their plan’s equivalent share of covered electronic products. If costs are passed on to consumers, it must
be done without any fees at the time the unwanted electronic
product is delivered or collected for recycling. However, this
does not prohibit collectors providing premium or curbside
services from charging customers a fee for the additional collection cost of providing this service, when funding for collection provided by an independent plan or the standard plan
does not fully cover the cost of that service.
(4) Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission
to regulate collection of solid waste in the state of Washington, including curbside collection of residential recyclable
materials, nor does this chapter change or limit the authority
of a city or town to provide such service itself or by contract
pursuant to RCW 81.77.020.
(5) Manufacturers are encouraged to collaborate with
electronic product retailers, certificated waste haulers, processors, recyclers, charities, and local governments within
the state in the development and implementation of their
plans. [2006 c 183 § 3.]
70.95N.040
70.95N.040 Manufacturer registration. (1) By January 1, 2007, and annually thereafter, each manufacturer must
register with the department.
(2) A manufacturer must submit to the department with
each registration or annual renewal a fee to cover the administrative costs of this chapter as determined by the department
under RCW 70.95N.230.
(3) The department shall review the registration or
renewal application and notify the manufacturer if their registration does not meet the requirements of this section.
Within thirty days of receipt of such a notification from the
department, the manufacturer must file with the department a
revised registration addressing the requirements noted by the
department.
(4) The registration must include the following information:
(2006 Ed.)
Electronic Product Recycling
(a) The name and contact information of the manufacturer submitting the registration;
(b) The manufacturer’s brand names of covered electronic products, including all brand names sold in the state in
the past, all brand names currently being sold in the state, and
all brand names for which the manufacturer has legal responsibility under RCW 70.95N.100;
(c) The method or methods of sale used in the state; and
(d) Whether the registrant will be participating in the
standard plan or submitting an independent plan to the
department for approval.
(5) The registrant shall submit any changes to the information provided in the registration to the department within
fourteen days of such change.
(6) The department shall identify, using all reasonable
means, manufacturers that are in business or that are no
longer in business but that have a successor in interest by
examining best available return share data and other pertinent
data. The department shall notify manufacturers that have
been identified and for whom an address has been found of
the requirements of this chapter, including registration and
plan requirements under this section and RCW 70.95N.050.
[2006 c 183 § 4.]
70.95N.050
70.95N.050 Independent plan requirements. (1) A
manufacturer must participate in the standard plan administered by the authority, unless the manufacturer obtains
department approval for an independent plan for the collection, transportation, and recycling of unwanted electronic
products.
(2) An independent plan may be submitted by an individual manufacturer or by a group of manufacturers, provided
that:
(a) Each independent plan represents at least a five percent return share of covered electronic products; and
(b) No manufacturer may participate in an independent
plan if it is a new entrant or a white box manufacturer.
(3) An individual manufacturer submitting an independent plan to the department is responsible for collecting,
transporting, and recycling its equivalent share of covered
electronic products.
(4)(a) Manufacturers collectively submitting an independent plan are responsible for collecting, transporting, and
recycling the sum of the equivalent shares of each participating manufacturer.
(b) Each group of manufacturers submitting an independent plan must designate a party authorized to file the plan
with the department on their behalf. A letter of certification
from each of the manufacturers designating the authorized
party must be submitted to the department together with the
plan.
(5) Each manufacturer in the standard plan or in an independent plan retains responsibility and liability under this
chapter in the event that the plan fails to meet the manufacturer’s obligations under this chapter. [2006 c 183 § 5.]
70.95N.060
70.95N.060 Standard, independent plan requirements—Fees to be set by the department—Acceptance or
rejection by department. (1) All initial independent plans
and the initial standard plan required under RCW 70.95N.050
(2006 Ed.)
70.95N.060
must be submitted to the department by February 1, 2008.
The department shall review each independent plan and the
standard plan.
(2) The authority submitting the standard plan and each
authorized party submitting an independent plan to the
department must pay a fee to the department to cover the
costs of administering and implementing this chapter. The
department shall set the fees as described under RCW
70.95N.230.
(3) The fees in subsection (2) of this section apply to the
initial plan submission and plan updates and revisions
required in RCW 70.95N.070.
(4) Within ninety days after receipt of a plan, the department shall determine whether the plan complies with this
chapter. If the plan is approved, the department shall send a
letter of approval. If a plan is rejected, the department shall
provide the reasons for rejecting the plan to the authority or
authorized party. The authority or authorized party must submit a new plan within sixty days after receipt of the letter of
disapproval.
(5) An independent plan and the standard plan must contain the following elements:
(a) Contact information for the authority or authorized
party and a comprehensive list of all manufacturers participating in the plan and their contact information;
(b) A description of the collection, transportation, and
recycling systems and service providers used, including a
description of how the authority or authorized party will:
(i) Seek to use businesses within the state, including
retailers, charities, processors, and collection and transportation services;
(ii) Fairly compensate collectors for providing collection
services; and
(iii) Fairly compensate processors for providing processing services;
(c) The method or methods for the reasonably convenient collection of all product types of covered electronic
products in rural and urban areas throughout the state, including how the plan will provide for collection services in each
county of the state and for a minimum of one collection site
or alternate collection service for each city or town with a
population greater than ten thousand. A collection site for a
county may be the same as a collection site for a city or town
in the county;
(d) A description of how the plan will provide service to
small businesses, small governments, charities, and school
districts in Washington;
(e) The processes and methods used to recycle covered
electronic products including a description of the processing
that will be used and the facility location;
(f) Documentation of audits of each processor used in the
plan and compliance with processing standards established
under RCW 70.95N.250 and *section 26 of this act;
(g) A description of the accounting and reporting systems that will be employed to track progress toward the
plan’s equivalent share;
(h) A timeline describing start-up, implementation, and
progress towards milestones with anticipated results;
(i) A public information campaign to inform consumers
about how to recycle their covered electronic products at the
end of the product’s life; and
[Title 70 RCW—page 277]
70.95N.070
Title 70 RCW: Public Health and Safety
(j) A description of how manufacturers participating in
the plan will communicate and work with processors utilized
by that plan to promote and encourage design of electronic
products and their components for recycling.
(6) The standard plan shall address how it will incorporate and fairly compensate registered collectors providing
curbside or premium services such that they are not compensated at a lower rate for collection costs than the compensation offered other collectors providing drop-off collection
sites in that geographic area.
(7) All transporters, collectors, and processors used to
fulfill the requirements of this section must be registered as
described in RCW 70.95N.240. [2006 c 183 § 6.]
*Reviser’s note: Section 26 of this act was vetoed by the governor.
70.95N.070
70.95N.070 Plan updates—Revised plan. (1) An independent plan and the standard plan must be updated at least
every five years and as required in (a) and (b) of this subsection.
(a) If the program fails to provide service in each county
in the state or meet other plan requirements, the authority or
authorized party shall submit to the department within sixty
days of failing to provide service an updated plan addressing
how the program will be adjusted to meet the program geographic coverage and collection service requirements established in RCW 70.95N.090.
(b) The authority or authorized party shall notify the
department of any modification to the plan. If the department
determines that the authority or authorized party has significantly modified the program described in the plan, the
authority or authorized party shall submit a revised plan
describing the changes to the department within sixty days of
notification by the department.
(2) Within sixty days after receipt of a revised plan, the
department shall determine whether the revised plan complies with this chapter. If the revised plan is approved, the
department shall send a letter of approval. If the revised plan
is rejected, the department shall provide the reasons for
rejecting the plan to the authority or authorized party. The
authority or authorized party must submit a new plan revision
within sixty days after receipt of the letter of disapproval.
(3) The authority or authorized parties may buy and sell
collected covered electronic products with other programs
without submitting a plan revision for review. [2006 c 183 §
7.]
70.95N.080
70.95N.080 Independent plan participants changing
to standard plan. (1) A manufacturer participating in an
independent plan may join the standard plan by notifying the
authority and the department of its intention at least five
months prior to the start of the next program year.
(2) Manufacturers may not change from one plan to
another plan during a program year.
(3) A manufacturer participating in the standard plan
wishing to implement or participate in an independent plan
may do so by complying with rules adopted by the department under RCW 70.95N.230. [2006 c 183 § 8.]
70.95N.090
70.95N.090 Collection services. (1) A program must
provide collection services for covered electronic products of
[Title 70 RCW—page 278]
all product types that are reasonably convenient and available
to all citizens of the state residing within its geographic
boundaries, including both rural and urban areas. Each program must provide collection service in every county of the
state. A program may provide collection services jointly with
another plan or plans.
(a) For any city or town with a population of greater than
ten thousand, each program shall provide a minimum of one
collection site or alternate collection service described in subsection (3) of this section or a combination of sites and alternate service that together provide at least one collection
opportunity for all product types. A collection site for a
county may be the same as a collection site for a city or town
in the county.
(b) Collection sites may include electronics recyclers
and repair shops, recyclers of other commodities, reuse organizations, charities, retailers, government recycling sites, or
other suitable locations.
(c) Collection sites must be staffed, open to the public at
a frequency adequate to meet the needs of the area being
served, and on an on-going basis.
(2) A program may limit the number of covered electronic products or covered electronic products by product
type accepted per customer per day or per delivery at a collection site or service. All covered entities may use a collection site as long as the covered entities adhere to any restrictions established in the plans.
(3) A program may provide collection services in forms
different than collection sites, such as curbside services, if
those alternate services provide equal or better convenience
to citizens and equal or increased recovery of unwanted covered electronic products.
(4) For rural areas without commercial centers or areas
with widely dispersed population, a program may provide
collection at the nearest commercial centers or solid waste
sites, collection events, mail-back systems, or a combination
of these options.
(5) For small businesses, small governments, charities,
and school districts that may have large quantities of covered
electronic products that cannot be handled at collection sites
or curbside services, a program may provide alternate services. At a minimum, a program must provide for processing
of these large quantities of covered electronic products at no
charge to the small businesses, small governments, charities,
and school districts. [2006 c 183 § 9.]
70.95N.100
70.95N.100 Successor duties. Any person acquiring a
manufacturer, or who has acquired a manufacturer, shall have
all responsibility for the acquired company’s covered electronic products, including covered electronic products manufactured prior to July 1, 2006, unless that responsibility
remains with another entity per the purchase agreement and
the acquiring manufacturer provides the department with a
letter from the other entity accepting responsibility for the
covered electronic products. Cobranding manufacturers may
negotiate with retailers for responsibility for those products
and must notify the department of the results of their negotiations. [2006 c 183 § 10.]
(2006 Ed.)
Electronic Product Recycling
70.95N.110 Covered electronic sampling. (1) An
independent plan and the standard plan must implement and
finance an auditable, statistically significant sampling of covered electronic products entering its program every program
year. The information collected must include a list of the
brand names of covered electronic products by product type,
the number of covered electronic products by product type,
the weight of covered electronic products that are identified
for each brand name or that lack a manufacturer’s brand, the
total weight of the sample by product type, and any additional
information needed to assign return share.
(2) The sampling must be conducted in the presence of
the department or a third-party organization approved by the
department. The department may, at its discretion, audit the
methodology and the results.
(3) After the fifth program year, the department may
reassess the sampling required in this section. The department may adjust the frequency at which manufacturers must
implement the sampling or may adjust the frequency at which
manufacturers must provide certain information from the
sampling. Prior to making any changes, the department shall
notify the public, including all registered manufacturers, and
provide a comment period. The department shall notify all
registered manufacturers of any such changes. [2006 c 183 §
11.]
70.95N.110
70.95N.120 Promotion of covered product recycling.
(1) An independent plan and the standard plan must inform
covered entities about where and how to reuse and recycle
their covered electronic products at the end of the product’s
life, including providing a web site or a toll-free telephone
number that gives information about the recycling program in
sufficient detail to educate covered entities regarding how to
return their covered electronic products for recycling.
(2) The department shall promote covered electronic
product recycling by:
(a) Posting information describing where to recycle
unwanted covered electronic products on its web site;
(b) Providing information about recycling covered electronic products through a toll-free telephone service; and
(c) Developing and providing artwork for use in flyers
and signage to retailers upon request.
(3) Local governments shall promote covered electronic
product recycling, including listings of local collection sites
and services, through existing educational methods typically
used by each local government.
(4) A retailer who sells new covered electronic products
shall provide information to consumers describing where and
how to recycle covered electronic products and opportunities
and locations for the convenient collection or return of the
products. This requirement can be fulfilled by providing the
department’s toll-free telephone number and web site.
Remote sellers may include the information in a visible location on their web site as fulfillment of this requirement.
(5) Manufacturers, state government, local governments,
retailers, and collection sites and services shall collaborate in
the development and implementation of the public information campaign. [2006 c 183 § 12.]
70.95N.120
70.95N.130 Electronic products recycling account.
(1) The electronic products recycling account is created in the
70.95N.130
(2006 Ed.)
70.95N.140
custody of the state treasurer. All payments resulting from
plans not reaching their equivalent share, as described in
RCW 70.95N.220, shall be deposited into the account. Any
moneys collected for manufacturer registration fees, fees
associated with reviewing and approving plans and plan revisions, and penalties levied under this chapter shall be deposited into the account.
(2) Only the director of the department or the director’s
designee may authorize expenditures from the account. The
account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
(3) Moneys in the account may be used solely by the
department for the purposes of fulfilling department responsibilities specified in this chapter and for expenditures to the
authority and authorized parties resulting from plans exceeding their equivalent share, as described in RCW 70.95N.220.
Funds in the account may not be diverted for any purpose or
activity other than those specified in this section. [2006 c 183
§ 13.]
70.95N.140 Annual reports. (1) By March 1st of the
second program year and each program year thereafter, the
authority and each authorized party shall file with the department an annual report for the preceding program year.
(2) The annual report must include the following information:
(a) The total weight in pounds of covered electronic
products collected and recycled, by county, during the preceding program year including documentation verifying collection and processing of that material. The total weight in
pounds includes orphan products. The report must also indicate and document the weight in pounds received from each
nonprofit charitable organization primarily engaged in the
business of reuse and resale used by the plan. The report
must document the weight in pounds that were received in
large quantities from small businesses, small governments,
charities and school districts as described in RCW
70.95N.090(5);
(b) The collection services provided in each county and
for each city with a population over ten thousand including a
list of all collection sites and services operating in the state in
the prior program year and the parties who operated them;
(c) A list of processors used, the weight of covered electronic products processed by each direct processor, and a
description of the processes and methods used to recycle the
covered electronic products including a description of the
processing and facility locations. The report must also
include a list of subcontractors who further processed or recycled unwanted covered electronic products, electronic components, or electronic scrap described in *section 26(1) of
this act, including facility locations;
(d) Other documentation as established under *section
26(3) of this act;
(e) Educational and promotional efforts that were undertaken;
(f) The results of sampling and sorting as required in
RCW 70.95N.110, including a list of the brand names of covered electronic products by product type, the number of covered electronic products by product type, the weight of covered electronic products that are identified for each brand
70.95N.140
[Title 70 RCW—page 279]
70.95N.150
Title 70 RCW: Public Health and Safety
name or that lack a manufacturer’s brand, and the total
weight of the sample by product type;
(g) The list of manufacturers that are participating in the
standard plan; and
(h) Any other information deemed necessary by the
department.
(3) The department shall review each report within
ninety days of its submission and shall notify the authority or
authorized party of any need for additional information or
documentation, or any deficiency in its program.
(4) All reports submitted to the department must be
available to the general public through the internet. Proprietary information submitted to the department under this
chapter is exempt from public disclosure under RCW
42.56.270. [2006 c 183 § 14.]
(a) The names of the manufacturers and the manufacturer’s brands that are registered with the department under
RCW 70.95N.040;
(b) The names of the manufacturers and the manufacturer’s brands that are participating in an approved plan under
RCW 70.95N.050;
(c) The names and addresses of the collectors and transporters that are listed in registrations filed with the department under RCW 70.95N.240;
(d) The names and addresses of the processors used to
fulfill the requirements of the plans;
(e) Return and equivalent shares for all manufacturers.
(2) The department shall update this web site information promptly upon receipt of a registration or a report. [2006
c 183 § 18.]
*Reviser’s note: Section 26 of this act was vetoed by the governor.
70.95N.190
70.95N.150
70.95N.150 Nonprofit charitable organizations—
Report. Nonprofit charitable organizations that qualify for a
taxation exemption under section 501(c)(3) of the internal
revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) that are primarily engaged in the business of reuse and resale and that
are used by a plan to collect covered electronic products shall
file a report with the department by March 1st of the second
program year and each program year thereafter. The report
must indicate and document the weight of covered electronic
products sent for recycling during the previous program year
attributed to each plan that the charitable organization is participating in. [2006 c 183 § 15.]
70.95N.160
70.95N.160 Electronic products for sale must include
manufacturer’s brand. (1) Beginning January 1, 2007, no
person may sell or offer for sale an electronic product to any
person in the state unless the electronic product is labeled
with the manufacturer’s brand. The label must be permanently affixed and readily visible.
(2) In-state retailers in possession of unlabeled products
on January 1, 2007, may exhaust their stock through sales to
the public. [2006 c 183 § 16.]
70.95N.170
70.95N.170 Sale of covered electronic products. No
person may sell or offer for sale a covered electronic product
to any person in this state unless the manufacturer of the covered electronic product has filed a registration with the
department under RCW 70.95N.040 and is participating in an
approved plan under RCW 70.95N.050. A person that sells
or offers for sale a covered electronic product in the state
shall consult the department’s web site for lists of manufacturers with registrations and approved plans prior to selling a
covered electronic product in the state. A person is considered to have complied with this section if on the date the
product was ordered from the manufacturer or its agent, the
manufacturer was listed as having registered and having an
approved plan on the department’s web site. [2006 c 183 §
17.]
70.95N.180
70.95N.180 Department web site. (1) The department
shall maintain on its web site the following information:
[Title 70 RCW—page 280]
70.95N.190 Return share calculation. (1) The department shall determine the return share for each manufacturer
in the standard plan or an independent plan by dividing the
weight of covered electronic products identified for each
manufacturer by the total weight of covered electronic products identified for all manufacturers in the standard plan or an
independent plan, then multiplying the quotient by one hundred.
(2) For the first program year, the department shall determine the return share for such manufacturers using all reasonable means and based on best available information regarding
return share data from other states and other pertinent data.
(3) For the second and each subsequent program year,
the department shall determine the return share for such manufacturers using all reasonable means and based on the most
recent sampling of covered electronic products conducted in
the state under RCW 70.95N.110. [2006 c 183 § 19.]
70.95N.200
70.95N.200 Equivalent share calculation—Notice to
manufacturers—Billing parties that do not meet their
plan’s equivalent share—Payments to parties that exceed
their plan’s equivalent share—Nonprofit charitable organizations. (1) The department shall determine the total
equivalent share for each manufacturer in the standard plan or
an independent plan by dividing the return share percentage
for each manufacturer by one hundred, then multiplying the
quotient by the total weight in pounds of covered electronic
products collected for that program year, allowing as needed
for the additional credit authorized in subsection (3) of this
section.
(2)(a) By June 1st of each program year, the department
shall notify each manufacturer of the manufacturer’s equivalent share of covered electronic products to be applied to the
previous program year. The department shall also notify
each manufacturer of how its equivalent share was determined.
(b) By June 1st of each program year, the department
shall bill any authorized party or authority that has not
attained its plan’s equivalent share as determined under RCW
70.95N.220. The authorized party or authority shall remit
payment to the department within sixty days from the billing
date.
(2006 Ed.)
Electronic Product Recycling
(c) By September 1st of each program year, the department shall pay any authorized party or authority that
exceeded its plan’s equivalent share.
(3) Plans that utilize the collection services of nonprofit
charitable organizations that qualify for a taxation exemption
under section 501(c)(3) of the internal revenue code of 1986
(26 U.S.C. Sec. 501(c)(3)) that are primarily engaged in the
business of reuse and resale must be given an additional five
percent credit to be applied toward a plan’s equivalent share
for pounds that are received for recycling from those organizations. The department may adjust the percentage of credit
annually. [2006 c 183 § 20.]
70.95N.210
70.95N.210 Preliminary return share—Notice—
Challenges—Final return share. (1) By June 1, 2007, the
department shall notify each manufacturer of its preliminary
return share of covered electronic products for the first program year.
(2) Preliminary return share of covered electronic products must be announced annually by June 1st of each program
year for the next program year.
(3) Manufacturers may challenge the preliminary return
share by written petition to the department. The petition must
be received by the department within thirty days of the date
of publication of the preliminary return shares.
(4) The petition must contain a detailed explanation of
the grounds for the challenge, an alternative calculation, and
the basis for such a calculation, documentary evidence supporting the challenge, and complete contact information for
requests for additional information or clarification.
(5) Sixty days after the publication of the preliminary
return share, the department shall make a final decision on
return share, having fully taken into consideration any and all
challenges to its preliminary calculations.
(6) A written record of challenges received and a summary of the bases for the challenges, as well as the department’s response, must be published at the same time as the
publication of the final return share.
(7) By August 1, 2007, the department shall publish the
final return shares for the first program year. By August 1st
of each program year, the department shall publish the final
return shares for use in the coming program year. [2006 c
183 § 21.]
70.95N.250
lent share of covered electronic products for that year, then
the department shall submit to the authority or authorized
party, a payment equal to the weight in pounds of the surplus
multiplied by the reasonable collection, transportation, and
recycling cost for covered electronic products.
(3) For purposes of this section, the initial reasonable
collection, transportation, and recycling cost for covered
electronic products is forty-five cents per pound and the
administrative fee is five cents per pound.
(4) The department may annually adjust the reasonable
collection, transportation, and recycling cost for covered
electronic products and the administrative fee described in
this section. Prior to making any changes in the fees
described in this section, the department shall notify the public, including all registered manufacturers, and provide a
comment period. The department shall notify all registered
manufacturers of any changes to the reasonable collection,
transportation, and recycling cost or the administrative fee by
January 1st of the program year in which the change is to take
place. [2006 c 183 § 22.]
70.95N.230
70.95N.230 Rules—Fees—Reports. (1) The department shall adopt rules to determine the process for manufacturers to change plans under RCW 70.95N.080.
(2) The department shall establish annual registration
and plan review fees for administering this chapter. An initial fee schedule must be established by rule and be adjusted
no more often than once every two years. All fees charged
must be based on factors relating to administering this chapter and be based on a sliding scale that is representative of
annual sales of covered electronic products in the state. Fees
must be established in amounts to fully recover and not to
exceed expenses incurred by the department to implement
this chapter.
(3) The department shall establish an annual process for
local governments and local communities to report their satisfaction with the services provided by plans under this chapter. This information must be used by the department in
reviewing plan updates and revisions.
(4) The department may adopt rules as necessary for the
purpose of implementing, administering, and enforcing this
chapter. [2006 c 183 § 23.]
70.95N.240
70.95N.220
70.95N.220 Covered electronic products collected
during a program year—Payment per pound under, over
equivalent share. (1) For an independent plan and the standard plan, if the total weight in pounds of covered electronic
products collected during a program year is less than the
plan’s equivalent share of covered electronic products for
that year, then the authority or authorized party shall submit
to the department a payment equal to the weight in pounds of
the deficit multiplied by the reasonable collection, transportation, and recycling cost for covered electronic products and
an administrative fee. Moneys collected by the department
must be deposited in the electronic products recycling
account.
(2) For an independent plan and the standard plan, if the
total weight in pounds of covered electronic products collected during a program year is more than the plan’s equiva(2006 Ed.)
70.95N.240 Collector, transporter, processor registration. (1) Each collector and transporter of covered electronic products in the state must register annually with the
department. The registration must include all identification
requirements for licensure in the state and the geographic
area of the state that they serve. The department shall
develop a single form for registration of both collectors and
transporters.
(2) Each processor of covered electronic products utilized by an independent or standard plan must register annually with the department. The registration must include identification information and documentation of any necessary
operating permits issued by state or local authorities. [2006 c
183 § 24.]
70.95N.250
70.95N.250 Processors to comply with performance
standards for environmentally sound management—
[Title 70 RCW—page 281]
70.95N.260
Title 70 RCW: Public Health and Safety
Rules. (1) The authority and each authorized party shall
ensure that each processor used directly by the authority or
the authorized party to fulfill the requirements of their
respective standard plan or independent plan has provided the
authority or the authorized party a written statement that the
processor will comply with the requirements of this section
and *section 26 of this act.
(2) The department shall establish by rule performance
standards for environmentally sound management for processors directly used to fulfill the requirements of an independent plan or the standard plan. Performance standards may
include financial assurance to ensure proper closure of facilities consistent with environmental standards.
(3) The department shall establish by rule guidelines
regarding nonrecycled residual that may be properly disposed
after covered electronic products have been processed.
(4) The department may audit processors that are utilized
to fulfill the requirements of an independent plan or the standard plan.
(5) No plan or program required under this chapter may
include the use of federal or state prison labor for processing.
[2006 c 183 § 25.]
*Reviser’s note: Section 26 of this act was vetoed by the governor.
70.95N.260
70.95N.260 Selling covered electronic products without participating in an approved plan prohibited—Written warning—Penalty—Failure to comply with manufacturer registration requirements. (1) No manufacturer may
sell or offer for sale a covered electronic product in or into the
state unless the manufacturer of the covered electronic product is participating in an approved plan. The department shall
send a written warning to a manufacturer that does not have
an approved plan or is not participating in an approved plan
as required under RCW 70.95N.050. The written warning
must inform the manufacturer that it must participate in an
approved plan within thirty days of the notice. Any violation
after the initial written warning shall be assessed a penalty of
up to ten thousand dollars for each violation.
(2) If the authority or any authorized party fails to implement their approved plan, the department must assess a penalty of up to five thousand dollars for the first violation along
with notification that the authority or authorized party must
implement its plan within thirty days of the violation. After
thirty days, the authority or any authorized party failing to
implement their approved plan must be assessed a penalty of
up to ten thousand dollars for the second and each subsequent
violation.
(3) Any person that does not comply with manufacturer
registration requirements under RCW 70.95N.040, education
and outreach requirements under RCW 70.95N.120, reporting requirements under RCW 70.95N.140, labeling requirements under RCW 70.95N.160, retailer responsibility
requirements under RCW 70.95N.170, collector or transporter registration requirements under RCW 70.95N.240, or
requirements under RCW 70.95N.250 and *section 26 of this
act, must first receive a written warning including a copy of
the requirements under this chapter and thirty days to correct
the violation. After thirty days, a person must be assessed a
penalty of up to one thousand dollars for the first violation
[Title 70 RCW—page 282]
and up to two thousand dollars for the second and each subsequent violation.
(4) All penalties levied under this section must be deposited into the electronic products recycling account created
under RCW 70.95N.130.
(5) The department shall enforce this section. [2006 c
183 § 27.]
*Reviser’s note: Section 26 of this act was vetoed by the governor.
70.95N.270
70.95N.270 Reports. (1) By December 31, 2012, the
department shall provide a report to the appropriate committees of the legislature that includes the following information:
(a) For each of the preceding program years, the weight
of covered electronic products recycled in the state by plan,
by county, and in total;
(b) The performance of each plan in meeting its equivalent share, and payments received from and disbursed to each
plan from the electronic products recycling account;
(c) A description of the various collection programs used
to collect covered electronic products in the state;
(d) An evaluation of how the pounds per capita recycled
of covered electronic products in the state compares to programs in other states;
(e) Comments received from local governments and
local communities regarding satisfaction with the program,
including accessibility and convenience of services provided
by the plans;
(f) Recommendations on how to improve the statewide
collection, transportation, and recycling system for convenient, safe, and environmentally sound recycling of electronic products; and
(g) An analysis of whether and in what amounts
unwanted electronic products and electronic components and
electronic scrap exported from Washington have been
exported to countries that are not members of the organization for economic cooperation and development or the European union, and recommendations for addressing such
exports.
(2) By April 1, 2010, the department shall provide a
report to the appropriate committees of the legislature regarding the amount of orphan products collected as a percent of
the total amount of covered electronic products collected. If
the orphan products collected exceed ten percent of the total
amount of covered electronic products collected, the department shall report to the appropriate committees of the legislature within ninety days describing the orphan products collected and include recommendations for decreasing the
amount of orphan products or alternative methods for financing the collection, transportation, and recycling of orphan
products. [2006 c 183 § 28.]
70.95N.280
70.95N.280 Materials management and financing
authority. (1) The Washington materials management and
financing authority is established as a public body corporate
and politic, constituting an instrumentality of the state of
Washington exercising essential governmental functions.
(2) The authority shall plan and implement a collection,
transportation, and recycling program for manufacturers that
have registered with the department their intent to participate
in the standard program as required under RCW 70.95N.040.
(2006 Ed.)
Electronic Product Recycling
(3) Membership in the authority is comprised of registered participating manufacturers. Any registered manufacturer who does not qualify or is not approved to submit an
independent plan, or whose independent plan has not been
approved by the department, is a member of the authority.
All new entrants and white box manufacturers are also members of the authority.
(4) The authority shall act as a business management
organization on behalf of the citizens of the state to manage
financial resources and contract for services for collection,
transportation, and recycling of covered electronic products.
(5) The authority’s standard plan is responsible for collecting, transporting, and recycling the sum of the equivalent
shares of each participating manufacturer.
(6) The authority shall accept into the standard program
covered electronic products from any registered collector
who meets the requirements of this chapter. The authority
shall compensate registered collectors for the reasonable
costs associated with collection, but is not required to compensate nor restricted from compensating the additional collection costs resulting from the additional convenience
offered to customers through premium and curbside services.
(7) The authority shall accept and utilize in the standard
program any registered processor meeting the requirements
of this chapter and any requirements described in the authority’s operating plan or through contractual arrangements.
Processors utilized by the standard plan shall provide documentation to the authority at least annually regarding how
they are meeting the requirements in RCW 70.95N.250 and
*section 26 of this act, including enough detail to allow the
standard plan to meet its reporting requirements in RCW
70.95N.140(2) (c) and (d), and must submit to audits conducted by or for the authority. The authority shall compensate such processors for the reasonable costs, as determined
by the authority, associated with processing unwanted electronic products. Such processors must demonstrate that the
unwanted electronic products have been received from registered collectors or transporters, and provide other documentation as may be required by the authority.
(8) Except as specifically allowed in this chapter, the
authority shall operate without using state funds or lending
the credit of the state or local governments.
(9) The authority shall develop innovative approaches to
improve materials management efficiency in order to ensure
and increase the use of secondary material resources within
the economy. [2006 c 183 § 29.]
*Reviser’s note: Section 26 of this act was vetoed by the governor.
70.95N.290
70.95N.290 Board of directors of the authority. (1)(a)
The authority is governed by a board of directors. The board
of directors is comprised of eleven participating manufacturers, appointed by the director of the department. Five board
positions are reserved for representatives of the top ten brand
owners by return share of covered electronic products, and
six board positions are reserved for representatives of other
brands, including at least one board position reserved for a
manufacturer who is also a retailer selling their own private
label. The return share of covered electronic products used to
determine the top ten brand owners for purposes of electing
(2006 Ed.)
70.95N.300
the board must be determined by the department by January
1, 2007.
(b) The board must have representation from both television and computer manufacturers.
(2) The board shall select from its membership the chair
of the board and such other officers as it deems appropriate.
(3) A majority of the board constitutes a quorum.
(4) The directors of the department of community, trade,
and economic development and the department of ecology,
and the state treasurer serve as ex officio members. The state
agency directors and the state treasurer serving in ex officio
capacity may each designate an employee of their respective
departments to act on their behalf in all respects with regard
to any matter to come before the authority. Ex officio designations must be made in writing and communicated to the
authority director.
(5) The board shall create its own bylaws in accordance
with the laws of the state of Washington.
(6) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty after notice
and a public hearing, unless the notice and hearing are
expressly waived in writing by the affected member.
(7) The members of the board serve without compensation but are entitled to reimbursement, solely from the funds
of the authority, for expenses incurred in the discharge of
their duties under this chapter. [2006 c 183 § 30.]
70.95N.300 Manufacturers to pay their apportioned
share of administrative and operational costs—Performance bonds—Dispute arbitration. (1) Manufacturers
participating in the standard plan shall pay the authority to
cover all administrative and operational costs associated with
the collection, transportation, and recycling of covered electronic products within the state of Washington incurred by
the standard program operated by the authority to meet the
standard plan’s equivalent share obligation as described in
RCW 70.95N.280(5).
(2) The authority shall assess charges on each manufacturer participating in the standard plan and collect funds from
each participating manufacturer for the manufacturer’s portion of the costs in subsection (1) of this section. Such apportionment shall be based on return share, market share, any
combination of return share and market share, or any other
equitable method. The authority’s apportionment of costs to
manufacturers participating in the standard plan may not
include nor be based on electronic products imported through
the state and subsequently exported outside the state.
Charges assessed under this section must not be formulated
in such a way as to create incentives to divert imported electronic products to ports or distribution centers in other states.
The authority shall adjust the charges to manufacturers participating in the standard plan as necessary in order to ensure
that all costs associated with the identified activities are covered.
(3) The authority may require financial assurances or
performance bonds for manufacturers participating in the
standard plan, including but not limited to new entrants and
white box manufacturers, when determining equitable methods for apportioning costs to ensure that the long-term costs
for collecting, transporting, and recycling of a covered electronic product are borne by the appropriate manufacturer in
70.95N.300
[Title 70 RCW—page 283]
70.95N.310
Title 70 RCW: Public Health and Safety
the event that the manufacturer ceases to participate in the
program.
(4) Nothing in this section authorizes the authority to
assess fees or levy taxes directly on the sale or possession of
electronic products.
(5) If a manufacturer has not met its financial obligations
as determined by the authority under this section, the authority shall notify the department that the manufacturer is no
longer participating in the standard plan.
(6) The authority shall submit its plan for assessing
charges and apportioning cost on manufacturers participating
in the standard plan to the department for review and
approval along with the standard plan as provided in RCW
70.95N.060.
(7)(a) Any manufacturer participating in the standard
plan may appeal an assessment of charges or apportionment
of costs levied by the authority under this section by written
petition to the director of the department. The director of the
department or the director’s designee shall review all appeals
within timelines established by the department and shall
reverse any assessments of charges or apportionment of costs
if the director finds that the authority’s assessments or apportionment of costs was an arbitrary administrative decision, an
abuse of administrative discretion, or is not an equitable
assessment or apportionment of costs. The director shall
make a fair and impartial decision based on sound data. If the
director of the department reverses an assessment of charges,
the authority must redetermine the assessment or apportionment of costs.
(b) Disputes regarding a final decision made by the
director or director’s designee may be challenged through
arbitration. The director shall appoint one member to serve
on the arbitration panel and the challenging party shall
appoint one other. These two persons shall choose a third
person to serve. If the two persons cannot agree on a third
person, the presiding judge of the Thurston county superior
court shall choose a third person. The decision of the arbitration panel shall be final and binding, subject to review by the
superior court solely upon the question of whether the decision of the panel was arbitrary or capricious. [2006 c 183 §
31.]
70.95N.310 Authority use of funds. (1) The authority
shall use any funds legally available to it for any purpose specifically authorized by this chapter to:
(a) Contract and pay for collecting, transporting, and
recycling of covered electronic products and education and
other services as identified in the standard plan;
(b) Pay for the expenses of the authority including, but
not limited to, salaries, benefits, operating costs and consumable supplies, equipment, office space, and other expenses
related to the costs associated with operating the authority;
(c) Pay into the electronic products recycling account
amounts billed by the department to the authority for any deficit in reaching the standard plan’s equivalent share as
required under RCW 70.95N.220; and
(d) Pay the department for the fees for submitting the
standard plan and any plan revisions.
(2) If practicable, the authority shall avoid creating new
infrastructure already available through private industry in
the state.
70.95N.310
[Title 70 RCW—page 284]
(3) The authority may not receive an appropriation of
state funds, other than:
(a) Funds that may be provided as a one-time loan to
cover administrative costs associated with start-up of the
authority, such as electing the board of directors and conducting the public hearing for the operating plan, provided that no
appropriated funds may be used to pay for collection, transportation, or recycling services; and
(b) Funds received from the department from the electronic products recycling account for exceeding the standard
plan’s equivalent share.
(4) The authority may receive additional sources of funding that do not obligate the state to secure debt.
(5) All funds collected by the authority under this chapter, including interest, dividends, and other profits, are and
must remain under the complete control of the authority and
its board of directors, be fully available to achieve the intent
of this chapter, and be used for the sole purpose of achieving
the intent of this chapter. [2006 c 183 § 32.]
70.95N.320
70.95N.320 General operating plan. (1) The board
shall adopt a general operating plan of procedures for the
authority. The board shall also adopt operating procedures
for collecting funds from participating covered electronic
manufacturers and for providing funding for contracted services. These operating procedures must be adopted by resolution prior to the authority operating the applicable programs.
(2) The general operating plan must include, but is not
limited to: (a) Appropriate minimum reserve requirements to
secure the authority’s financial stability; (b) appropriate standards for contracting for services; and (c) standards for service.
(3) The board shall conduct at least one public hearing
on the general operating plan prior to its adoption. The
authority shall provide and make public a written response to
all comments received by the public.
(4) The general operating plan must be adopted by resolution of the board. The board may periodically update the
general operating plan as necessary, but must update the plan
no less than once every four years. The general operating
plan or updated plan must include a report on authority activities conducted since the commencement of authority operation or since the last reported general operating plan, whichever is more recent, including a statement of results achieved
under the purposes of this chapter and the general operating
plan. Upon adoption, the authority shall conduct its programs in observance of the objectives established in the general operating plan. [2006 c 183 § 33.]
70.95N.330
70.95N.330 Authority employees—Initial staff support—Authority powers. (1) The authority shall employ a
chief executive officer, appointed by the board, and a chief
financial officer, as well as professional, technical, and support staff, appointed by the chief executive officer, necessary
to carry out its duties.
(2) Employees of the authority are not classified employees of the state. Employees of the authority are exempt from
state service rules and may receive compensation only from
the authority at rates competitive with state service.
(2006 Ed.)
Alcoholism
(3) The authority may retain its own legal counsel.
(4) The departments of ecology and community, trade,
and economic development shall provide staff to assist in the
creation of the authority. If requested by the authority, the
departments of ecology and community, trade, and economic
development shall also provide start-up support staff to the
authority for its first twelve months of operation, or part
thereof, to assist in the quick establishment of the authority.
Staff expenses must be paid through funds collected by the
authority and must be reimbursed to the departments from the
authority’s financial resources within the first twenty-four
months of operation.
(5) In addition to accomplishing the activities specifically authorized in this chapter, the authority may:
(a) Maintain an office or offices;
(b) Make and execute all manner of contracts, agreements, and instruments and financing documents with public
and private parties as the authority deems necessary, useful,
or convenient to accomplish its purposes;
(c) Make expenditures as appropriate for paying the
administrative costs and expenses of the authority in carrying
out the provisions of this chapter;
(d) Give assistance to private and public bodies contracted to provide collection, transportation, and recycling
services by providing information, guidelines, forms, and
procedures for implementing their programs;
(e) Delegate, through contract, any of its powers and
duties if consistent with the purposes of this chapter; and
(f) Exercise any other power the authority deems necessary, useful, or convenient to accomplish its purposes and
exercise the powers expressly granted in this chapter. [2006
c 183 § 34.]
70.95N.340
70.95N.340 Federal preemption. This chapter is void
if a federal law, or a combination of federal laws, takes effect
that establishes a national program for the collection and
recycling of covered electronic products that substantially
meets the intent of this chapter, including the creation of a
financing mechanism for collection, transportation, and recycling of all covered electronic products from households,
small businesses, school districts, small governments, and
charities in the United States. [2006 c 183 § 35.]
70.95N.900
70.95N.900 Construction—2006 c 183. This act must
be liberally construed to carry out its purposes and objectives.
[2006 c 183 § 38.]
70.95N.901
70.95N.901 Severability—2006 c 183. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2006 c 183 § 39.]
Chapter 70.96A
Chapter 70.96
Sections
70.96.150
Chemical dependency benefit provisions
group disability contracts: RCW 48.21.160 through 48.21.190.
health care services contracts: RCW 48.44.240.
70.96.150
70.96.150 Inability to contribute to cost no bar to admission.
[1959 c 85 § 15.] Repealed by 1989 c 270 § 35; and subsequently recodified
as RCW 70.96A.430 pursuant to 1993 c 131 § 1.
Reviser’s note: This section was amended by 1989 c 271 § 308, without cognizance of the repeal thereof; and subsequently recodified without
cognizance of the repeal thereof.
70.96.150
70.96.150 Inability to contribute to cost no bar to admission—
Department may limit admissions. The department shall not refuse admission for diagnosis, evaluation, guidance or treatment to any applicant
because it is determined that the applicant is financially unable to contribute
fully or in part to the cost of any services or facilities available under the program on alcoholism.
The department may limit admissions of such applicants or modify its
programs in order to ensure that expenditures for services or programs do not
exceed amounts appropriated by the legislature and are allocated by the
department for such services or programs. The department may establish
admission priorities in the event that the number of eligible applicants
exceeds the limits set by the department. [1989 c 271 § 308; 1959 c 85 § 15.]
Reviser’s note: This section was also repealed by 1989 c 270 § 35,
without cognizance of its amendment by 1989 c 271 § 308; and subsequently
recodified pursuant to 1993 c 131 § 1. For rule of construction concerning
sections amended and repealed in the same legislative session, see RCW
1.12.025.
Severability—1989 c 271: See note following RCW 9.94A.510.
Chapter 70.96A RCW
TREATMENT FOR ALCOHOLISM, INTOXICATION,
AND DRUG ADDICTION
Chapter 70.96A
(Formerly: Uniform alcoholism and intoxication treatment)
Sections
70.96A.010
70.96A.011
70.96A.020
70.96A.030
70.96A.035
70.96A.037
70.96A.040
70.96A.043
70.96A.045
70.96A.047
70.96A.050
70.96A.055
70.96A.060
70.96A.070
70.96A.080
70.96A.085
70.96A.087
70.95N.902
(2006 Ed.)
Inability to contribute to cost no bar to admission—Department may limit admissions.
Alcoholism and drug addiction and support act: Chapter 74.50 RCW.
70.96A.090
70.95N.902 Effective date—2006 c 183. This act takes
effect July 1, 2006. [2006 c 183 § 40.]
Chapter 70.96 RCW
ALCOHOLISM
70.96A.095
Declaration of policy.
Legislative finding and intent—Purpose of chapter.
Definitions.
Chemical dependency program.
Integrated comprehensive screening and assessment process—
Implementation.
Chemical dependency specialist services—To be available at
children and family services offices—Training in uniform
screening.
Program authority.
Agreements authorized under the Interlocal Cooperation Act.
Funding prerequisites, facilities, plans, or programs receiving
financial assistance.
Local funding and donative funding requirements—Facilities,
plans, programs.
Duties of department.
Drug courts.
Interdepartmental coordinating committee.
Citizens advisory council—Qualifications—Duties—Rules
and policies.
Comprehensive program for treatment—Regional facilities.
City, town, or county without facility—Contribution of liquor
taxes prerequisite to use of another’s facility.
Liquor taxes and profits—City and county eligibility conditioned.
Standards for treatment programs—Enforcement procedures—Penalties—Evaluation of treatment of children—
Treatment during pregnancy.
Age of consent—Outpatient treatment of minors for chemical
dependency.
[Title 70 RCW—page 285]
70.96A.010
Title 70 RCW: Public Health and Safety
70.96A.096 Notice to parents, school contacts for referring students to
inpatient treatment.
70.96A.097 Review of admission and inpatient treatment of minors—
Determination of medical necessity—Department review—
Minor declines necessary treatment—At-risk youth petition—Costs—Public funds.
70.96A.100 Acceptance for approved treatment—Rules.
70.96A.110 Voluntary treatment of alcoholics or other drug addicts.
70.96A.120 Treatment programs and facilities—Admissions—Peace
officer duties—Protective custody.
70.96A.140 Involuntary commitment.
70.96A.141 Joinder of petitions for commitment.
70.96A.142 Evaluation by designated chemical dependency specialist—
When required—Required notifications.
70.96A.145 Involuntary commitment proceedings—Prosecuting attorney
may represent specialist or program.
70.96A.148 Detention, commitment duties—Designation of county designated mental health professional.
70.96A.150 Records of alcoholics and intoxicated persons.
70.96A.155 Court-ordered treatment—Required notifications.
70.96A.157 Persons subject to court-ordered treatment or supervision—
Documentation.
70.96A.160 Visitation and communication with patients.
70.96A.170 Emergency service patrol—Establishment—Rules.
70.96A.180 Payment for treatment—Financial ability of patients.
70.96A.190 Criminal laws limitations.
70.96A.230 Minor—When outpatient treatment provider must give notice
to parents.
70.96A.235 Minor—Parental consent for inpatient treatment—Exception.
70.96A.240 Minor—Parent not liable for payment unless consented to
treatment—No right to public funds.
70.96A.245 Minor—Parent may request determination whether minor has
chemical dependency requiring inpatient treatment—Minor
consent not required—Duties and obligations of professional
person and facility.
70.96A.250 Minor—Parent may request determination whether minor has
chemical dependency requiring outpatient treatment—Consent of minor not required—Discharge of minor.
70.96A.255 Minor—Petition to superior court for release from facility.
70.96A.260 Minor—Not released by petition under RCW 70.96A.255—
Release within thirty days—Professional may initiate proceedings to stop release.
70.96A.265 Minor—Eligibility for medical assistance under chapter 74.09
RCW—Payment by department.
70.96A.300 Counties may create alcoholism and other drug addiction
board—Generally.
70.96A.310 County alcoholism and other drug addiction program—Chief
executive officer of program to be program coordinator.
70.96A.320 Alcoholism and other drug addiction program—Generally.
70.96A.325 Methamphetamine addiction programs—Counties authorized
to seek state funding.
70.96A.350 Criminal justice treatment account.
70.96A.400 Opiate substitution treatment—Declaration of regulation by
state.
70.96A.410 Opiate substitution treatment—Program certification by
department, department duties—Definition of opiate substitution treatment.
70.96A.420 Statewide treatment and operating standards for opiate substitution programs—Evaluation and report.
70.96A.430 Inability to contribute to cost no bar to admission—Department may limit admissions.
70.96A.500 Fetal alcohol screening and assessment services.
70.96A.510 Interagency agreement on fetal alcohol exposure programs.
70.96A.520 Chemical dependency treatment expenditures—Prioritization.
70.96A.800 Chemically dependent persons—Intensive case management
pilot projects.
70.96A.905 Uniform application of chapter—Training for county-designated mental health professionals.
70.96A.910 Application—Construction—1972 ex.s. c 122.
70.96A.915 Department allocation of funds—Construction.
70.96A.920 Severability—1972 ex.s. c 122.
70.96A.930 Section, subsection headings not part of law.
Reviser’s note: Throughout this chapter "this act" has been translated
to "this chapter." This act [1972 ex.s. c 122] consists of chapter 70.96A
RCW, the amendment of RCW 9.87.010, 71.24.030 and the repeal of RCW
9.68.040, 70.96.010-70.96.030, 70.96.040-70.96.080, 70.96.090, 70.96.10070.96.140, 70.96.900, and 71.08.010-71.08.090.
Alcoholism and drug addiction and support act: Chapter 74.50 RCW.
70.96A.010
70.96A.010 Declaration of policy. It is the policy of
this state that alcoholics and intoxicated persons may not be
[Title 70 RCW—page 286]
subjected to criminal prosecution solely because of their consumption of alcoholic beverages but rather should, within
available funds, be afforded a continuum of treatment in
order that they may lead normal lives as productive members
of society. Within available funds, treatment should also be
provided for drug addicts. [1989 c 271 § 304; 1972 ex.s. c
122 § 1.]
Severability—1989 c 271: See note following RCW 9.94A.510.
Effective date—1972 ex.s. c 122. "Chapter 122, Laws of 1972 extraordinary session shall be effective January 1, 1975." [1973 c 92 § 1; 1972 ex.s.
c 122 § 31.]
Chemical dependency benefit provisions
group disability contracts: RCW 48.21.160-48.21.190.
health care services contracts: RCW 48.44.240.
70.96A.011
70.96A.011 Legislative finding and intent—Purpose
of chapter. The legislature finds that the use of alcohol and
other drugs has become a serious threat to the health of the
citizens of the state of Washington. The use of psychoactive
chemicals has been found to be a prime factor in the current
AIDS epidemic. Therefore, a comprehensive statute to deal
with alcoholism and other drug addiction is necessary.
The legislature agrees with the 1987 resolution of the
American Medical Association that endorses the proposition
that all chemical dependencies, including alcoholism, are diseases. It is the intent of the legislature to end the sharp distinctions between alcoholism services and other drug addiction services, to recognize that chemical dependency is a disease, and to insure that prevention and treatment services are
available and are of high quality. It is the purpose of this
chapter to provide the financial assistance necessary to
enable the department of social and health services to provide
a discrete program of alcoholism and other drug addiction
services. [1989 c 270 § 1.]
70.96A.020
70.96A.020 Definitions. For the purposes of this chapter the following words and phrases shall have the following
meanings unless the context clearly requires otherwise:
(1) "Alcoholic" means a person who suffers from the disease of alcoholism.
(2) "Alcoholism" means a disease, characterized by a
dependency on alcoholic beverages, loss of control over the
amount and circumstances of use, symptoms of tolerance,
physiological or psychological withdrawal, or both, if use is
reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health
services as meeting standards adopted under this chapter.
(4) "Chemical dependency" means:
(a) Alcoholism; (b) drug addiction; or (c) dependence on
alcohol and one or more other psychoactive chemicals, as the
context requires.
(5) "Chemical dependency program" means expenditures and activities of the department designed and conducted
to prevent or treat alcoholism and other drug addiction,
including reasonable administration and overhead.
(6) "Department" means the department of social and
health services.
(2006 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
(7) "Designated chemical dependency specialist" or
"specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated
under RCW 70.96A.310 to perform the commitment duties
described in RCW 70.96A.140 and qualified to do so by
meeting standards adopted by the department.
(8) "Director" means the person administering the chemical dependency program within the department.
(9) "Drug addict" means a person who suffers from the
disease of drug addiction.
(10) "Drug addiction" means a disease characterized by
a dependency on psychoactive chemicals, loss of control over
the amount and circumstances of use, symptoms of tolerance,
physiological or psychological withdrawal, or both, if use is
reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(11) "Emergency service patrol" means a patrol established under RCW 70.96A.170.
(12) "Gravely disabled by alcohol or other psychoactive
chemicals" or "gravely disabled" means that a person, as a
result of the use of alcohol or other psychoactive chemicals:
(a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health
or safety; or (b) manifests severe deterioration in routine
functioning evidenced by a repeated and escalating loss of
cognition or volitional control over his or her actions and is
not receiving care as essential for his or her health or safety.
(13) "History of one or more violent acts" refers to the
period of time ten years prior to the filing of a petition under
this chapter, excluding any time spent, but not any violent
acts committed, in a mental health facility, or a long-term
alcoholism or drug treatment facility, or in confinement.
(14) "Incapacitated by alcohol or other psychoactive
chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, is gravely disabled or
presents a likelihood of serious harm to himself or herself, to
any other person, or to property.
(15) "Incompetent person" means a person who has been
adjudged incompetent by the superior court.
(16) "Intoxicated person" means a person whose mental
or physical functioning is substantially impaired as a result of
the use of alcohol or other psychoactive chemicals.
(17) "Licensed physician" means a person licensed to
practice medicine or osteopathic medicine and surgery in the
state of Washington.
(18) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be
inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict
physical harm on one’s self; (ii) physical harm will be
inflicted by an individual upon another, as evidenced by
behavior that has caused the harm or that places another person or persons in reasonable fear of sustaining the harm; or
(iii) physical harm will be inflicted by an individual upon the
property of others, as evidenced by behavior that has caused
substantial loss or damage to the property of others; or
(b) The individual has threatened the physical safety of
another and has a history of one or more violent acts.
(19) "Medical necessity" for inpatient care of a minor
means a requested certified inpatient service that is reasonably calculated to: (a) Diagnose, arrest, or alleviate a chemi(2006 Ed.)
70.96A.020
cal dependency; or (b) prevent the worsening of chemical
dependency conditions that endanger life or cause suffering
and pain, or result in illness or infirmity or threaten to cause
or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative
available.
(20) "Minor" means a person less than eighteen years of
age.
(21) "Parent" means the parent or parents who have the
legal right to custody of the child. Parent includes custodian
or guardian.
(22) "Peace officer" means a law enforcement official of
a public agency or governmental unit, and includes persons
specifically given peace officer powers by any state law,
local ordinance, or judicial order of appointment.
(23) "Person" means an individual, including a minor.
(24) "Professional person in charge" or "professional
person" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered
by a certified treatment program with authority to make
assessment, admission, continuing care, and discharge decisions on behalf of the certified program.
(25) "Secretary" means the secretary of the department
of social and health services.
(26) "Treatment" means the broad range of emergency,
detoxification, residential, and outpatient services and care,
including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological,
and social service care, vocational rehabilitation and career
counseling, which may be extended to alcoholics and other
drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.
(27) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care,
treatment, or rehabilitation of alcoholics or other drug
addicts.
(28) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property. [2001 c 13 § 1; 1998 c 296 § 22. Prior: 1996
c 178 § 23; 1996 c 133 § 33; 1994 c 231 § 1; 1991 c 364 § 8;
1990 c 151 § 2; prior: 1989 c 271 § 305; 1989 c 270 § 3; 1972
ex.s. c 122 § 2.]
Severability—2001 c 13: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2001 c 13 § 5.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Effective date—1996 c 178: See note following RCW 18.35.110.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Effective date—1994 c 231: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 1, 1994]." [1994 c 231 § 3.]
Findings—1991 c 364: "The legislature finds that the use of alcohol
and illicit drugs continues to be a primary crippler of our youth. This translates into incredible costs to individuals, families, and society in terms of
traffic fatalities, suicides, criminal activity including homicides, sexual promiscuity, familial incorrigibility, and conduct disorders, and educational
fallout. Among children of all socioeconomic groups lower expectations for
the future, low motivation and self-esteem, alienation, and depression are
associated with alcohol and drug abuse.
[Title 70 RCW—page 287]
70.96A.030
Title 70 RCW: Public Health and Safety
Studies reveal that deaths from alcohol and other drug-related injuries
rise sharply through adolescence, peaking in the early twenties. But second
peak occurs in later life, where it accounts for three times as many deaths
from chronic diseases. A young victim’s life expectancy is likely to be
reduced by an average of twenty-six years.
Yet the cost of treating alcohol and drug addicts can be recouped in the
first three years of abstinence in health care savings alone. Public money
spent on treatment saves not only the life of the chemical abuser, it makes us
safer as individuals, and in the long-run costs less.
The legislature further finds that many children who abuse alcohol and
other drugs may not require involuntary treatment, but still are not adequately served. These children remain at risk for future chemical dependency, and may become mentally ill or a juvenile offender or need out-ofhome placement. Children placed at risk because of chemical abuse may be
better served by the creation of a comprehensive integrated system for children in crisis.
The legislature declares that an emphasis on the treatment of youth will
pay the largest dividend in terms of preventable costs to individuals themselves, their families, and to society. The provision of augmented involuntary alcohol treatment services to youths, as well as involuntary treatment for
youths addicted by other drugs, is in the interest of the public health and
safety." [1991 c 364 § 7.]
Construction—1991 c 364 §§ 7-12: "The purpose of sections 7
through 12 of this act is solely to provide authority for the involuntary commitment of minors addicted by drugs within available funds and current programs and facilities. Nothing in sections 7 through 12 of this act shall be construed to require the addition of new facilities nor affect the department’s
authority for the uses of existing programs and facilities authorized by law.
Nothing in sections 7 through 12 of this act shall prevent a parent or guardian
from requesting the involuntary commitment of a minor through a county
designated chemical dependency specialist on an ability to pay basis." [1991
c 364 § 13.]
Conflict with federal requirements—1991 c 364: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned. The
rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [1991 c 364 § 15.]
Severability—1989 c 271: See note following RCW 9.94A.510.
70.96A.030
70.96A.030 Chemical dependency program. A discrete program of chemical dependency is established within
the department of social and health services, to be administered by a qualified person who has training and experience
in handling alcoholism and other drug addiction problems or
the organization or administration of treatment services for
persons suffering from alcoholism or other drug addiction
problems. [1989 c 270 § 4; 1972 ex.s. c 122 § 3.]
70.96A.035
70.96A.035 Integrated comprehensive screening and
assessment process—Implementation. (1) Not later than
January 1, 2007, all persons providing treatment under this
chapter shall also implement the integrated comprehensive
screening and assessment process for chemical dependency
and mental disorders adopted pursuant to RCW 70.96C.010
and shall document the numbers of clients with co-occurring
mental and substance abuse disorders based on a quadrant
system of low and high needs.
(2) Treatment providers contracted to provide treatment
under this chapter who fail to implement the integrated comprehensive screening and assessment process for chemical
dependency and mental disorders by July 1, 2007, are subject
to contractual penalties established under RCW 70.96C.010.
[2005 c 504 § 302.]
[Title 70 RCW—page 288]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96A.037
70.96A.037 Chemical dependency specialist services—To be available at children and family services
offices—Training in uniform screening. (1) The department of social and health services shall contract for chemical
dependency specialist services at each division of children
and family services office to enhance the timeliness and quality of child protective services assessments and to better connect families to needed treatment services.
(2) The chemical dependency specialist’s duties may
include, but are not limited to: Conducting on-site chemical
dependency screening and assessment, facilitating progress
reports to department social workers, in-service training of
department social workers and staff on substance abuse
issues, referring clients from the department to treatment providers, and providing consultation on cases to department
social workers.
(3) The department of social and health services shall
provide training in and ensure that each case-carrying social
worker is trained in uniform screening for mental health and
chemical dependency. [2005 c 504 § 305.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96A.040
70.96A.040 Program authority. The department, in
the operation of the chemical dependency program may:
(1) Plan, establish, and maintain prevention and treatment programs as necessary or desirable;
(2) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including
contracts with public and private agencies, organizations, and
individuals to pay them for services rendered or furnished to
alcoholics or other drug addicts, persons incapacitated by
alcohol or other psychoactive chemicals, or intoxicated persons;
(3) Enter into agreements for monitoring of verification
of qualifications of counselors employed by approved treatment programs;
(4) Adopt rules under chapter 34.05 RCW to carry out
the provisions and purposes of this chapter and contract,
cooperate, and coordinate with other public or private agencies or individuals for those purposes;
(5) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state, or
any political subdivision thereof or any private source, and do
all things necessary to cooperate with the federal government
or any of its agencies in making an application for any grant;
(6) Administer or supervise the administration of the
provisions relating to alcoholics, other drug addicts, and
intoxicated persons of any state plan submitted for federal
funding pursuant to federal health, welfare, or treatment legislation;
(2006 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
(7) Coordinate its activities and cooperate with chemical
dependency programs in this and other states, and make contracts and other joint or cooperative arrangements with state,
local, or private agencies in this and other states for the treatment of alcoholics and other drug addicts and their families,
persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons and for the common advancement of chemical dependency programs;
(8) Keep records and engage in research and the gathering of relevant statistics;
(9) Do other acts and things necessary or convenient to
execute the authority expressly granted to it;
(10) Acquire, hold, or dispose of real property or any
interest therein, and construct, lease, or otherwise provide
treatment programs. [1989 c 270 § 5; 1988 c 193 § 2; 1972
ex.s. c 122 § 4.]
70.96A.043
70.96A.043 Agreements authorized under the Interlocal Cooperation Act. Pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW, the department may enter into
agreements to accomplish the purposes of this chapter. [1989
c 270 § 7.]
70.96A.045
70.96A.045 Funding prerequisites, facilities, plans,
or programs receiving financial assistance. All facilities,
plans, or programs receiving financial assistance under RCW
70.96A.040 must be approved by the department before any
state funds may be used to provide the financial assistance. If
the facilities, plans, or programs have not been approved as
required or do not receive the required approval, the funds set
aside for the facility, plan, or program shall be made available
for allocation to facilities, plans, or programs that have
received the required approval of the department. In addition,
whenever there is an excess of funds set aside for a particular
approved facility, plan, or program, the excess shall be made
available for allocation to other approved facilities, plans, or
programs. [1989 c 270 § 10.]
70.96A.047
70.96A.047 Local funding and donative funding
requirements—Facilities, plans, programs. Except as provided in this chapter, the secretary shall not approve any
facility, plan, or program for financial assistance under RCW
70.96A.040 unless at least ten percent of the amount spent for
the facility, plan, or program is provided from local public or
private sources. When deemed necessary to maintain public
standards of care in the facility, plan, or program, the secretary may require the facility, plan, or program to provide up
to fifty percent of the total spent for the program through fees,
gifts, contributions, or volunteer services. The secretary shall
determine the value of the gifts, contributions, and volunteer
services. [1989 c 270 § 11.]
70.96A.050
70.96A.050 Duties of department. The department
shall:
(1) Develop, encourage, and foster statewide, regional,
and local plans and programs for the prevention of alcoholism and other drug addiction, treatment of alcoholics and
other drug addicts and their families, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated
persons in cooperation with public and private agencies,
(2006 Ed.)
70.96A.050
organizations, and individuals and provide technical assistance and consultation services for these purposes;
(2) Coordinate the efforts and enlist the assistance of all
public and private agencies, organizations, and individuals
interested in prevention of alcoholism and drug addiction,
and treatment of alcoholics and other drug addicts and their
families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons;
(3) Cooperate with public and private agencies in establishing and conducting programs to provide treatment for
alcoholics and other drug addicts and their families, persons
incapacitated by alcohol or other psychoactive chemicals,
and intoxicated persons who are clients of the correctional
system;
(4) Cooperate with the superintendent of public instruction, state board of education, schools, police departments,
courts, and other public and private agencies, organizations
and individuals in establishing programs for the prevention of
alcoholism and other drug addiction, treatment of alcoholics
or other drug addicts and their families, persons incapacitated
by alcohol or other psychoactive chemicals, and intoxicated
persons, and preparing curriculum materials thereon for use
at all levels of school education;
(5) Prepare, publish, evaluate, and disseminate educational material dealing with the nature and effects of alcohol
and other psychoactive chemicals and the consequences of
their use;
(6) Develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of alcoholics or other drug addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons, which program shall include the dissemination
of information concerning the nature and effects of alcohol
and other psychoactive chemicals, the consequences of their
use, the principles of recovery, and HIV and AIDS;
(7) Organize and foster training programs for persons
engaged in treatment of alcoholics or other drug addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons;
(8) Sponsor and encourage research into the causes and
nature of alcoholism and other drug addiction, treatment of
alcoholics and other drug addicts, persons incapacitated by
alcohol or other psychoactive chemicals, and intoxicated persons, and serve as a clearing house for information relating to
alcoholism or other drug addiction;
(9) Specify uniform methods for keeping statistical
information by public and private agencies, organizations,
and individuals, and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and
duration of treatment;
(10) Advise the governor in the preparation of a comprehensive plan for treatment of alcoholics and other drug
addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons for inclusion in the
state’s comprehensive health plan;
(11) Review all state health, welfare, and treatment plans
to be submitted for federal funding under federal legislation,
and advise the governor on provisions to be included relating
to alcoholism and other drug addiction, persons incapacitated
[Title 70 RCW—page 289]
70.96A.055
Title 70 RCW: Public Health and Safety
by alcohol or other psychoactive chemicals, and intoxicated
persons;
(12) Assist in the development of, and cooperate with,
programs for alcohol and other psychoactive chemical education and treatment for employees of state and local governments and businesses and industries in the state;
(13) Use the support and assistance of interested persons
in the community to encourage alcoholics and other drug
addicts voluntarily to undergo treatment;
(14) Cooperate with public and private agencies in establishing and conducting programs designed to deal with the
problem of persons operating motor vehicles while intoxicated;
(15) Encourage general hospitals and other appropriate
health facilities to admit without discrimination alcoholics
and other drug addicts, persons incapacitated by alcohol or
other psychoactive chemicals, and intoxicated persons and to
provide them with adequate and appropriate treatment;
(16) Encourage all health and disability insurance programs to include alcoholism and other drug addiction as a
covered illness; and
(17) Organize and sponsor a statewide program to help
court personnel, including judges, better understand the disease of alcoholism and other drug addiction and the uses of
chemical dependency treatment programs. [2001 c 13 § 2;
1989 c 270 § 6; 1979 ex.s. c 176 § 7; 1972 ex.s. c 122 § 5.]
Severability—2001 c 13: See note following RCW 70.96A.020.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
70.96A.055
70.96A.055 Drug courts. The department shall contract with counties operating drug courts and counties in the
process of implementing new drug courts for the provision of
drug and alcohol treatment services. [1999 c 197 § 10.]
Legislative recognition—1999 c 197: See note following RCW
2.28.170.
Severability—1999 c 197: See note following RCW 9.94A.030.
70.96A.060
70.96A.060 Interdepartmental coordinating committee. (1) An interdepartmental coordinating committee is
established, composed of the superintendent of public
instruction or his or her designee, the director of licensing or
his or her designee, the executive secretary of the Washington state law enforcement training commission or his or her
designee, and one or more designees (not to exceed three) of
the secretary, one of whom shall be the director of the chemical dependency program. The committee shall meet at least
twice annually at the call of the secretary, or his or her designee, who shall be its chair. The committee shall provide for
the coordination of, and exchange of information on, all programs relating to alcoholism and other drug addiction, and
shall act as a permanent liaison among the departments
engaged in activities affecting alcoholics and other drug
addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons. The committee shall
assist the secretary and director in formulating a comprehensive plan for prevention of alcoholism and other drug addiction, for treatment of alcoholics and other drug addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.
[Title 70 RCW—page 290]
(2) In exercising its coordinating functions, the committee shall assure that:
(a) The appropriate state agencies provide or assure all
necessary medical, social, treatment, and educational services for alcoholics and other drug addicts and their families,
persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons and for the prevention of alcoholism and other chemical dependency, without unnecessary
duplication of services;
(b) The several state agencies cooperate in the use of
facilities and in the treatment of alcoholics and other drug
addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons; and
(c) All state agencies adopt approaches to the prevention
of alcoholism and other drug addiction, the treatment of alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and
intoxicated persons consistent with the policy of this chapter.
[1989 c 270 § 8; 1979 c 158 § 220; 1972 ex.s. c 122 § 6.]
70.96A.070
70.96A.070 Citizens advisory council—Qualifications—Duties—Rules and policies. Pursuant to the provisions of RCW 43.20A.360, there shall be a citizens advisory
council composed of not less than seven nor more than fifteen
members. It is the intent of the legislature that the citizens
advisory council broadly represent citizens who have been
recipients of voluntary or involuntary treatment for alcoholism or other drug addiction and who have been in recovery
from chemical dependency for a minimum of two years. To
meet this intent, at least two-thirds of the council’s members
shall be former recipients of these services and not employed
in an occupation relating to alcoholism or drug addiction. The
remaining members shall be broadly representative of the
community, shall include representation from business and
industry, organized labor, the judiciary, and minority groups,
chosen for their demonstrated concern with alcoholism and
other drug addiction problems. Members shall be appointed
by the secretary. In addition to advising the department in
carrying out the purposes of this chapter, the council shall
develop and propose to the secretary for his or her consideration the rules for the implementation of the chemical dependency program of the department. Rules and policies governing treatment programs shall be developed in collaboration
among the council, department staff, local government, and
administrators of voluntary and involuntary treatment programs. The secretary shall thereafter adopt such rules that, in
his or her judgment properly implement the chemical dependency program of the department consistent with the welfare
of those to be served, the legislative intent, and the public
good. [1994 c 231 § 2; 1989 c 270 § 9; 1973 1st ex.s. c 155 §
1; 1972 ex.s. c 122 § 7.]
Effective date—1994 c 231: See note following RCW 70.96A.020.
Effective date—1972 ex.s. c 122: See note following RCW
70.96A.010.
70.96A.080
70.96A.080 Comprehensive program for treatment—Regional facilities. (1) The department shall establish by all appropriate means, including contracting for services, a comprehensive and coordinated discrete program for
the treatment of alcoholics and other drug addicts and their
(2006 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.
(2) The program shall include, but not necessarily be
limited to:
(a) Detoxification;
(b) Residential treatment; and
(c) Outpatient treatment.
(3) All appropriate public and private resources shall be
coordinated with and used in the program when possible.
(4) The department may contract for the use of an
approved treatment program or other individual or organization if the secretary considers this to be an effective and economical course to follow. [1989 c 270 § 18; 1972 ex.s. c 122
§ 8.]
70.96A.085
70.96A.085 City, town, or county without facility—
Contribution of liquor taxes prerequisite to use of
another’s facility. A city, town, or county that does not have
its own facility or program for the treatment and rehabilitation of alcoholics and other drug addicts may share in the use
of a facility or program maintained by another city or county
so long as it contributes no less than two percent of its share
of liquor taxes and profits to the support of the facility or program. [1989 c 270 § 12.]
70.96A.087
70.96A.087 Liquor taxes and profits—City and
county eligibility conditioned. To be eligible to receive its
share of liquor taxes and profits, each city and county shall
devote no less than two percent of its share of liquor taxes and
profits to the support of a program of alcoholism and other
drug addiction approved by the alcoholism and other drug
addiction board authorized by RCW 70.96A.300 and the secretary. [1989 c 270 § 13.]
70.96A.090
70.96A.090 Standards for treatment programs—
Enforcement procedures—Penalties—Evaluation of
treatment of children—Treatment during pregnancy. (1)
The department shall adopt rules establishing standards for
approved treatment programs, the process for the review and
inspection program applying to the department for certification as an approved treatment program, and fixing the fees to
be charged by the department for the required inspections.
The standards may concern the health standards to be met and
standards of services and treatment to be afforded patients.
(2) The department may suspend, revoke, limit, restrict,
or modify an approval, or refuse to grant approval, for failure
to meet the provisions of this chapter, or the standards
adopted under this chapter. RCW 43.20A.205 governs notice
of a license denial, revocation, suspension, or modification
and provides the right to an adjudicative proceeding.
(3) No treatment program may advertise or represent
itself as an approved treatment program if approval has not
been granted, has been denied, suspended, revoked, or canceled.
(4) Certification as an approved treatment program is
effective for one calendar year from the date of issuance of
the certificate. The certification shall specify the types of services provided by the approved treatment program that meet
the standards adopted under this chapter. Renewal of certification shall be made in accordance with this section for initial
(2006 Ed.)
70.96A.090
approval and in accordance with the standards set forth in
rules adopted by the secretary.
(5) Approved treatment programs shall not provide alcoholism or other drug addiction treatment services for which
the approved treatment program has not been certified.
Approved treatment programs may provide services for
which approval has been sought and is pending, if approval
for the services has not been previously revoked or denied.
(6) The department periodically shall inspect approved
public and private treatment programs at reasonable times
and in a reasonable manner.
(7) The department shall maintain and periodically publish a current list of approved treatment programs.
(8) Each approved treatment program shall file with the
department on request, data, statistics, schedules, and information the department reasonably requires. An approved
treatment program that without good cause fails to furnish
any data, statistics, schedules, or information as requested, or
files fraudulent returns thereof, may be removed from the list
of approved treatment programs, and its certification revoked
or suspended.
(9) The department shall use the data provided in subsection (8) of this section to evaluate each program that admits
children to inpatient treatment upon application of their parents. The evaluation shall be done at least once every twelve
months. In addition, the department shall randomly select
and review the information on individual children who are
admitted on application of the child’s parent for the purpose
of determining whether the child was appropriately placed
into treatment based on an objective evaluation of the child’s
condition and the outcome of the child’s treatment.
(10) Upon petition of the department and after a hearing
held upon reasonable notice to the facility, the superior court
may issue a warrant to an officer or employee of the department authorizing him or her to enter and inspect at reasonable
times, and examine the books and accounts of, any approved
public or private treatment program refusing to consent to
inspection or examination by the department or which the
department has reasonable cause to believe is operating in
violation of this chapter.
(11)(a) All approved opiate substitution treatment programs that provide services to women who are pregnant are
required to disseminate up-to-date and accurate health education information to all their pregnant clients concerning the
possible addiction and health risks that their opiate substitution treatment may have on their baby. All pregnant clients
must also be advised of the risks to both them and their baby
associated with not remaining on the opiate substitute program. The information must be provided to these clients both
verbally and in writing. The health education information
provided to the pregnant clients must include referral options
for the addicted baby.
(b) The department shall adopt rules that require all opiate treatment programs to educate all pregnant women in
their program on the benefits and risks of methadone treatment to their fetus before they are provided these medications, as part of their addiction treatment. The department
shall meet the requirements under this subsection within the
appropriations provided for opiate treatment programs. The
department, working with treatment providers and medical
experts, shall develop and disseminate the educational mate[Title 70 RCW—page 291]
70.96A.095
Title 70 RCW: Public Health and Safety
rials to all certified opiate treatment programs. [2005 c 70 §
2; 1995 c 312 § 46; 1990 c 151 § 5. Prior: 1989 c 270 § 19;
1989 c 175 § 131; 1972 ex.s. c 122 § 9.]
Findings—Intent—2005 c 70: "The legislature finds that drug use
among pregnant women is a significant and growing concern statewide. The
legislature further finds that methadone, although an effective alternative to
other substance use treatments, can result in babies who are exposed to methadone while in uteri being born addicted and facing the painful effects of
withdrawal.
It is the intent of the legislature to notify all pregnant mothers who are
receiving methadone treatment of the risks and benefits methadone could
have on their baby during pregnancy through birth and to inform them of the
potential need for the newborn baby to be taken care of in a hospital setting
or in a specialized supportive environment designed specifically to address
newborn addiction problems." [2005 c 70 § 1.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
70.96A.095
70.96A.095 Age of consent—Outpatient treatment of
minors for chemical dependency. Any person thirteen
years of age or older may give consent for himself or herself
to the furnishing of outpatient treatment by a chemical dependency treatment program certified by the department. Parental authorization is required for any treatment of a minor
under the age of thirteen. [1998 c 296 § 23; 1996 c 133 § 34;
1995 c 312 § 47; 1991 c 364 § 9; 1989 c 270 § 24.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Findings—Construction—Conflict with federal requirements—
1991 c 364: See notes following RCW 70.96A.020.
70.96A.096
70.96A.096 Notice to parents, school contacts for
referring students to inpatient treatment. School district
personnel who contact a chemical dependency inpatient treatment program or provider for the purpose of referring a student to inpatient treatment shall provide the parents with
notice of the contact within forty-eight hours. [1996 c 133 §
5.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
70.96A.097
70.96A.097 Review of admission and inpatient treatment of minors—Determination of medical necessity—
Department review—Minor declines necessary treatment—At-risk youth petition—Costs—Public funds. (1)
The department shall ensure that, for any minor admitted to
inpatient treatment under RCW 70.96A.245, a review is conducted by a physician or chemical dependency counselor, as
defined in rule by the department, who is employed by the
department or an agency under contract with the department
and who neither has a financial interest in continued inpatient
treatment of the minor nor is affiliated with the program providing the treatment. The physician or chemical dependency
counselor shall conduct the review not less than seven nor
more than fourteen days following the date the minor was
brought to the facility under RCW 70.96A.245(1) to determine whether it is a medical necessity to continue the minor’s
treatment on an inpatient basis.
(2) In making a determination under subsection (1) of
this section whether it is a medical necessity to release the
[Title 70 RCW—page 292]
minor from inpatient treatment, the department shall consider
the opinion of the treatment provider, the safety of the minor,
the likelihood the minor’s chemical dependency recovery
will deteriorate if released from inpatient treatment, and the
wishes of the parent.
(3) If, after any review conducted by the department
under this section, the department determines it is no longer a
medical necessity for a minor to receive inpatient treatment,
the department shall immediately notify the parents and the
professional person in charge. The professional person in
charge shall release the minor to the parents within twentyfour hours of receiving notice. If the professional person in
charge and the parent believe that it is a medical necessity for
the minor to remain in inpatient treatment, the minor shall be
released to the parent on the second judicial day following the
department’s determination in order to allow the parent time
to file an at-risk youth petition under chapter 13.32A RCW.
If the department determines it is a medical necessity for the
minor to receive outpatient treatment and the minor declines
to obtain such treatment, such refusal shall be grounds for the
parent to file an at-risk youth petition.
(4) The department may, subject to available funds, contract with other governmental agencies for the conduct of the
reviews conducted under this section and may seek reimbursement from the parents, their insurance, or medicaid for
the expense of any review conducted by an agency under
contract.
(5) In addition to the review required under this section,
the department may periodically determine and redetermine
the medical necessity of treatment for purposes of payment
with public funds. [1998 c 296 § 28; 1995 c 312 § 48.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Short title—1995 c 312: See note following RCW 13.32A.010.
70.96A.100
70.96A.100 Acceptance for approved treatment—
Rules. The secretary shall adopt and may amend and repeal
rules for acceptance of persons into the approved treatment
program, considering available treatment resources and facilities, for the purpose of early and effective treatment of alcoholics and other drug addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.
In establishing the rules, the secretary shall be guided by the
following standards:
(1) If possible a patient shall be treated on a voluntary
rather than an involuntary basis.
(2) A patient shall be initially assigned or transferred to
outpatient treatment, unless he or she is found to require residential treatment.
(3) A person shall not be denied treatment solely because
he or she has withdrawn from treatment against medical
advice on a prior occasion or because he or she has relapsed
after earlier treatment.
(4) An individualized treatment plan shall be prepared
and maintained on a current basis for each patient.
(5) Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment will have available and use other
appropriate treatment. [1989 c 270 § 23; 1972 ex.s. c 122 §
10.]
(2006 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
70.96A.110
70.96A.110 Voluntary treatment of alcoholics or
other drug addicts. (1) An alcoholic or other drug addict
may apply for voluntary treatment directly to an approved
treatment program. If the proposed patient is a minor or an
incompetent person, he or she, a parent, a legal guardian, or
other legal representative may make the application.
(2) Subject to rules adopted by the secretary, the administrator in charge of an approved treatment program may
determine who shall be admitted for treatment. If a person is
refused admission to an approved treatment program, the
administrator, subject to rules adopted by the secretary, shall
refer the person to another approved treatment program for
treatment if possible and appropriate.
(3) If a patient receiving inpatient care leaves an
approved treatment program, he or she shall be encouraged to
consent to appropriate outpatient treatment. If it appears to
the administrator in charge of the treatment program that the
patient is an alcoholic or other drug addict who requires help,
the department may arrange for assistance in obtaining supportive services and residential programs.
(4) If a patient leaves an approved public treatment program, with or against the advice of the administrator in
charge of the program, the department may make reasonable
provisions for his or her transportation to another program or
to his or her home. If the patient has no home he or she should
be assisted in obtaining shelter. If the patient is less than fourteen years of age or an incompetent person the request for
discharge from an inpatient program shall be made by a parent, legal guardian, or other legal representative or by the
minor or incompetent if he or she was the original applicant.
[1990 c 151 § 7; 1989 c 270 § 25; 1972 ex.s. c 122 § 11.]
70.96A.120
70.96A.120 Treatment programs and facilities—
Admissions—Peace officer duties—Protective custody.
(1) An intoxicated person may come voluntarily to an
approved treatment program for treatment. A person who
appears to be intoxicated in a public place and to be in need
of help, if he or she consents to the proffered help, may be
assisted to his or her home, an approved treatment program or
other health facility.
(2) Except for a person who may be apprehended for
possible violation of laws not relating to alcoholism, drug
addiction, or intoxication and except for a person who may be
apprehended for possible violation of laws relating to driving
or being in physical control of a vehicle while under the influence of intoxicating liquor or any drug and except for a person who may wish to avail himself or herself of the provisions of RCW 46.20.308, a person who appears to be incapacitated or gravely disabled by alcohol or other drugs and
who is in a public place or who has threatened, attempted, or
inflicted physical harm on himself, herself, or another, shall
be taken into protective custody by a peace officer or staff
designated by the county and as soon as practicable, but in no
event beyond eight hours brought to an approved treatment
program for treatment. If no approved treatment program is
readily available he or she shall be taken to an emergency
medical service customarily used for incapacitated persons.
The peace officer or staff designated by the county, in detaining the person and in taking him or her to an approved treatment program, is taking him or her into protective custody
and shall make every reasonable effort to protect his or her
(2006 Ed.)
70.96A.140
health and safety. In taking the person into protective custody, the detaining peace officer or staff designated by the
county may take reasonable steps including reasonable force
if necessary to protect himself or herself or effect the custody.
A taking into protective custody under this section is not an
arrest. No entry or other record shall be made to indicate that
the person has been arrested or charged with a crime.
(3) A person who comes voluntarily or is brought to an
approved treatment program shall be examined by a qualified
person. He or she may then be admitted as a patient or
referred to another health facility, which provides emergency
medical treatment, where it appears that such treatment may
be necessary. The referring approved treatment program shall
arrange for his or her transportation.
(4) A person who is found to be incapacitated or gravely
disabled by alcohol or other drugs at the time of his or her
admission or to have become incapacitated or gravely disabled at any time after his or her admission, may not be
detained at the program for more than seventy-two hours
after admission as a patient, unless a petition is filed under
RCW 70.96A.140, as now or hereafter amended: PROVIDED, That the treatment personnel at an approved treatment program are authorized to use such reasonable physical
restraint as may be necessary to retain an incapacitated or
gravely disabled person for up to seventy-two hours from the
time of admission. The seventy-two hour periods specified in
this section shall be computed by excluding Saturdays, Sundays, and holidays. A person may consent to remain in the
program as long as the physician in charge believes appropriate.
(5) A person who is not admitted to an approved treatment program, is not referred to another health facility, and
has no funds, may be taken to his or her home, if any. If he or
she has no home, the approved treatment program shall provide him or her with information and assistance to access
available community shelter resources.
(6) If a patient is admitted to an approved treatment program, his or her family or next of kin shall be notified as
promptly as possible by the treatment program. If an adult
patient who is not incapacitated requests that there be no notification, his or her request shall be respected.
(7) The peace officer, staff designated by the county, or
treatment facility personnel, who act in compliance with this
chapter and are performing in the course of their official duty
are not criminally or civilly liable therefor.
(8) If the person in charge of the approved treatment program determines that appropriate treatment is available, the
patient shall be encouraged to agree to further diagnosis and
appropriate voluntary treatment. [1991 c 290 § 6; 1990 c 151
§ 8; 1989 c 271 § 306; 1987 c 439 § 13; 1977 ex.s. c 62 § 1;
1974 ex.s. c 175 § 1; 1972 ex.s. c 122 § 12.]
Severability—1989 c 271: See note following RCW 9.94A.510.
70.96A.140
70.96A.140 Involuntary commitment. (1) When a
designated chemical dependency specialist receives information alleging that a person presents a likelihood of serious
harm or is gravely disabled as a result of chemical dependency, the designated chemical dependency specialist, after
investigation and evaluation of the specific facts alleged and
of the reliability and credibility of the information, may file a
[Title 70 RCW—page 293]
70.96A.140
Title 70 RCW: Public Health and Safety
petition for commitment of such person with the superior
court, district court, or in another court permitted by court
rule.
If a petition for commitment is not filed in the case of a
minor, the parent, guardian, or custodian who has custody of
the minor may seek review of that decision made by the designated chemical dependency specialist in superior or district
court. The parent, guardian, or custodian shall file notice with
the court and provide a copy of the designated chemical
dependency specialist’s report.
If the designated chemical dependency specialist finds
that the initial needs of such person would be better served by
placement within the mental health system, the person shall
be referred to either a *county designated mental health professional or an evaluation and treatment facility as defined in
RCW 71.05.020 or 71.34.020. If placement in a chemical
dependency program is available and deemed appropriate,
the petition shall allege that: The person is chemically dependent and presents a likelihood of serious harm or is gravely
disabled by alcohol or drug addiction, or that the person has
twice before in the preceding twelve months been admitted
for detoxification, sobering services, or chemical dependency
treatment pursuant to RCW 70.96A.110 or 70.96A.120, and
is in need of a more sustained treatment program, or that the
person is chemically dependent and has threatened,
attempted, or inflicted physical harm on another and is likely
to inflict physical harm on another unless committed. A
refusal to undergo treatment, by itself, does not constitute
evidence of lack of judgment as to the need for treatment. The
petition shall be accompanied by a certificate of a licensed
physician who has examined the person within five days
before submission of the petition, unless the person whose
commitment is sought has refused to submit to a medical
examination, in which case the fact of refusal shall be alleged
in the petition. The certificate shall set forth the licensed physician’s findings in support of the allegations of the petition.
A physician employed by the petitioning program or the
department is eligible to be the certifying physician.
(2) Upon filing the petition, the court shall fix a date for
a hearing no less than two and no more than seven days after
the date the petition was filed unless the person petitioned
against is presently being detained in a program, pursuant to
RCW 70.96A.120, 71.05.210, or **71.34.050, in which case
the hearing shall be held within seventy-two hours of the filing of the petition: PROVIDED, HOWEVER, That the
above specified seventy-two hours shall be computed by
excluding Saturdays, Sundays, and holidays: PROVIDED
FURTHER, That, the court may, upon motion of the person
whose commitment is sought, or upon motion of petitioner
with written permission of the person whose commitment is
sought, or his or her counsel and, upon good cause shown,
extend the date for the hearing. A copy of the petition and of
the notice of the hearing, including the date fixed by the
court, shall be served by the designated chemical dependency
specialist on the person whose commitment is sought, his or
her next of kin, a parent or his or her legal guardian if he or
she is a minor, and any other person the court believes advisable. A copy of the petition and certificate shall be delivered
to each person notified.
(3) At the hearing the court shall hear all relevant testimony, including, if possible, the testimony, which may be
[Title 70 RCW—page 294]
telephonic, of at least one licensed physician who has examined the person whose commitment is sought. Communications otherwise deemed privileged under the laws of this state
are deemed to be waived in proceedings under this chapter
when a court of competent jurisdiction in its discretion determines that the waiver is necessary to protect either the
detained person or the public. The waiver of a privilege under
this section is limited to records or testimony relevant to evaluation of the detained person for purposes of a proceeding
under this chapter. Upon motion by the detained person, or on
its own motion, the court shall examine a record or testimony
sought by a petitioner to determine whether it is within the
scope of the waiver.
The record maker shall not be required to testify in order
to introduce medical, nursing, or psychological records of
detained persons so long as the requirements of RCW
5.45.020 are met, except that portions of the record that contain opinions as to whether the detained person is chemically
dependent shall be deleted from the records unless the person
offering the opinions is available for cross-examination. The
person shall be present unless the court believes that his or
her presence is likely to be injurious to him or her; in this
event the court may deem it appropriate to appoint a guardian
ad litem to represent him or her throughout the proceeding. If
deemed advisable, the court may examine the person out of
courtroom. If the person has refused to be examined by a
licensed physician, he or she shall be given an opportunity to
be examined by a court appointed licensed physician. If he or
she refuses and there is sufficient evidence to believe that the
allegations of the petition are true, or if the court believes that
more medical evidence is necessary, the court may make a
temporary order committing him or her to the department for
a period of not more than five days for purposes of a diagnostic examination.
(4) If after hearing all relevant evidence, including the
results of any diagnostic examination, the court finds that
grounds for involuntary commitment have been established
by clear, cogent, and convincing proof, it shall make an order
of commitment to an approved treatment program. It shall not
order commitment of a person unless it determines that an
approved treatment program is available and able to provide
adequate and appropriate treatment for him or her.
(5) A person committed under this section shall remain
in the program for treatment for a period of sixty days unless
sooner discharged. At the end of the sixty-day period, he or
she shall be discharged automatically unless the program,
before expiration of the period, files a petition for his or her
recommitment upon the grounds set forth in subsection (1) of
this section for a further period of ninety days unless sooner
discharged.
If a petition for recommitment is not filed in the case of
a minor, the parent, guardian, or custodian who has custody
of the minor may seek review of that decision made by the
designated chemical dependency specialist in superior or district court. The parent, guardian, or custodian shall file notice
with the court and provide a copy of the treatment progress
report.
If a person has been committed because he or she is
chemically dependent and likely to inflict physical harm on
another, the program shall apply for recommitment if after
examination it is determined that the likelihood still exists.
(2006 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
(6) Upon the filing of a petition for recommitment under
subsection (5) of this section, the court shall fix a date for
hearing no less than two and no more than seven days after
the date the petition was filed: PROVIDED, That, the court
may, upon motion of the person whose commitment is sought
and upon good cause shown, extend the date for the hearing.
A copy of the petition and of the notice of hearing, including
the date fixed by the court, shall be served by the treatment
program on the person whose commitment is sought, his or
her next of kin, the original petitioner under subsection (1) of
this section if different from the petitioner for recommitment,
one of his or her parents or his or her legal guardian if he or
she is a minor, and his or her attorney and any other person
the court believes advisable. At the hearing the court shall
proceed as provided in subsection (3) of this section.
(7) The approved treatment program shall provide for
adequate and appropriate treatment of a person committed to
its custody. A person committed under this section may be
transferred from one approved public treatment program to
another if transfer is medically advisable.
(8) A person committed to the custody of a program for
treatment shall be discharged at any time before the end of
the period for which he or she has been committed and he or
she shall be discharged by order of the court if either of the
following conditions are met:
(a) In case of a chemically dependent person committed
on the grounds of likelihood of infliction of physical harm
upon himself, herself, or another, the likelihood no longer
exists; or further treatment will not be likely to bring about
significant improvement in the person’s condition, or treatment is no longer adequate or appropriate.
(b) In case of a chemically dependent person committed
on the grounds of the need of treatment and incapacity, that
the incapacity no longer exists.
(9) The court shall inform the person whose commitment
or recommitment is sought of his or her right to contest the
application, be represented by counsel at every stage of any
proceedings relating to his or her commitment and recommitment, and have counsel appointed by the court or provided by
the court, if he or she wants the assistance of counsel and is
unable to obtain counsel. If the court believes that the person
needs the assistance of counsel, the court shall require, by
appointment if necessary, counsel for him or her regardless of
his or her wishes. The person shall, if he or she is financially
able, bear the costs of such legal service; otherwise such legal
service shall be at public expense. The person whose commitment or recommitment is sought shall be informed of his or
her right to be examined by a licensed physician of his or her
choice. If the person is unable to obtain a licensed physician
and requests examination by a physician, the court shall
employ a licensed physician.
(10) A person committed under this chapter may at any
time seek to be discharged from commitment by writ of
habeas corpus in a court of competent jurisdiction.
(11) The venue for proceedings under this section is the
county in which person to be committed resides or is present.
(12) When in the opinion of the professional person in
charge of the program providing involuntary treatment under
this chapter, the committed patient can be appropriately
served by less restrictive treatment before expiration of the
period of commitment, then the less restrictive care may be
(2006 Ed.)
70.96A.141
required as a condition for early release for a period which,
when added to the initial treatment period, does not exceed
the period of commitment. If the program designated to provide the less restrictive treatment is other than the program
providing the initial involuntary treatment, the program so
designated must agree in writing to assume such responsibility. A copy of the conditions for early release shall be given
to the patient, the designated chemical dependency specialist
of original commitment, and the court of original commitment. The program designated to provide less restrictive care
may modify the conditions for continued release when the
modifications are in the best interests of the patient. If the
program providing less restrictive care and the designated
chemical dependency specialist determine that a conditionally released patient is failing to adhere to the terms and conditions of his or her release, or that substantial deterioration
in the patient’s functioning has occurred, then the designated
chemical dependency specialist shall notify the court of original commitment and request a hearing to be held no less than
two and no more than seven days after the date of the request
to determine whether or not the person should be returned to
more restrictive care. The designated chemical dependency
specialist shall file a petition with the court stating the facts
substantiating the need for the hearing along with the treatment recommendations. The patient shall have the same
rights with respect to notice, hearing, and counsel as for the
original involuntary treatment proceedings. The issues to be
determined at the hearing are whether the conditionally
released patient did or did not adhere to the terms and conditions of his or her release to less restrictive care or that substantial deterioration of the patient’s functioning has occurred
and whether the conditions of release should be modified or
the person should be returned to a more restrictive program.
The hearing may be waived by the patient and his or her
counsel and his or her guardian or conservator, if any, but
may not be waived unless all such persons agree to the
waiver. Upon waiver, the person may be returned for involuntary treatment or continued on conditional release on the
same or modified conditions. [2001 c 13 § 3; 1995 c 312 §
49; 1993 c 362 § 1; 1991 c 364 § 10; 1990 c 151 § 3; 1989 c
271 § 307; 1987 c 439 § 14; 1977 ex.s. c 129 § 1; 1974 ex.s.
c 175 § 2; 1972 ex.s. c 122 § 14.]
Reviser’s note: *(1) The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental
health professional" by 2005 c 504 § 104.
**(2) RCW 71.34.050 was recodified as RCW 71.34.710 pursuant to
2005 c 371 § 6.
Severability—2001 c 13: See note following RCW 70.96A.020.
Short title—1995 c 312: See note following RCW 13.32A.010.
Purpose—Construction—1993 c 362: "The purpose of this act is
solely to provide authority for the involuntary commitment of persons suffering from chemical dependency within available funds and current programs and facilities. Nothing in this act shall be construed to require the
addition of new facilities nor affect the department of social and health services’ authority for the uses of existing programs and facilities authorized by
law." [1993 c 362 § 2.]
Findings—Construction—Conflict with federal requirements—
1991 c 364: See notes following RCW 70.96A.020.
Severability—1989 c 271: See note following RCW 9.94A.510.
70.96A.141
70.96A.141 Joinder of petitions for commitment. A
petition for commitment under this chapter may be joined
[Title 70 RCW—page 295]
70.96A.142
Title 70 RCW: Public Health and Safety
with a petition for commitment under chapter 71.05 RCW.
[2005 c 504 § 304.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96A.148 Detention, commitment duties—Designation of county designated mental health professional.
The county alcoholism and other drug addiction program
coordinator may designate the county designated mental
health professional to perform the detention and commitment
duties described in RCW 70.96A.120 and 70.96A.140. [2001
c 13 § 4.]
70.96A.148
Severability—2001 c 13: See note following RCW 70.96A.020.
70.96A.142
70.96A.142 Evaluation by designated chemical
dependency specialist—When required—Required notifications. (1) When a designated chemical dependency specialist is notified by a jail that a defendant or offender who
was subject to a discharge review under RCW 71.05.232 is to
be released to the community, the designated chemical
dependency specialist shall evaluate the person within seventy-two hours of release, if the person’s treatment information indicates that he or she may need chemical dependency
treatment.
(2) When an offender is under court-ordered treatment in
the community and the supervision of the department of corrections, and the treatment provider becomes aware that the
person is in violation of the terms of the court order, the treatment provider shall notify the designated chemical dependency specialist of the violation and request an evaluation for
purposes of revocation of the conditional release.
(3) When a designated chemical dependency specialist
becomes aware that an offender who is under court-ordered
treatment in the community and the supervision of the department of corrections is in violation of a treatment order or a
condition of supervision that relates to public safety, or the
designated chemical dependency specialist detains a person
under this chapter, the designated chemical dependency specialist shall notify the person’s treatment provider and the
department of corrections.
(4) When an offender who is confined in a state correctional facility or is under supervision of the department of
corrections in the community is subject to a petition for involuntary treatment under this chapter, the petitioner shall notify
the department of corrections and the department of corrections shall provide documentation of its risk assessment or
other concerns to the petitioner and the court if the department of corrections classified the offender as a high risk or
high needs offender.
(5) Nothing in this section creates a duty on any treatment provider or designated chemical dependency specialist
to provide offender supervision. [2004 c 166 § 15.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
70.96A.145
70.96A.145 Involuntary commitment proceedings—
Prosecuting attorney may represent specialist or program. The prosecuting attorney of the county in which such
action is taken may, at the discretion of the prosecuting attorney, represent the designated chemical dependency specialist
or treatment program in judicial proceedings under RCW
70.96A.140 for the involuntary commitment or recommitment of an individual, including any judicial proceeding
where the individual sought to be committed or recommitted
challenges the action. [1993 c 137 § 1.]
[Title 70 RCW—page 296]
70.96A.150 Records of alcoholics and intoxicated
persons. (1) The registration and other records of treatment
programs shall remain confidential. Records may be disclosed (a) in accordance with the prior written consent of the
patient with respect to whom such record is maintained, (b) if
authorized by an appropriate order of a court of competent
jurisdiction granted after application showing good cause, (c)
to comply with state laws mandating the reporting of suspected child abuse or neglect, or (d) when a patient commits
a crime on program premises or against program personnel,
or threatens to do so.
(2) Notwithstanding subsection (1) of this section, the
secretary may receive information from patients’ records for
purposes of research into the causes and treatment of alcoholism and other drug addiction, verification of eligibility and
appropriateness of reimbursement, and the evaluation of
alcoholism and other drug treatment programs. Information
under this subsection shall not be published in a way that discloses patients’ names or otherwise discloses their identities.
(3) Nothing contained in this chapter relieves a person or
firm from the requirements under federal regulations for the
confidentiality of alcohol and drug abuse patient records.
Obligations imposed on drug and alcohol treatment programs
and protections afforded alcohol and drug abuse patients
under federal regulations apply to all programs approved by
the department under RCW 70.96A.090. [1990 c 151 § 1;
1989 c 162 § 1; 1972 ex.s. c 122 § 15.]
70.96A.150
70.96A.155 Court-ordered treatment—Required
notifications. When any court orders a person to receive
treatment under this chapter, the order shall include a statement that if the person is, or becomes, subject to supervision
by the department of corrections, the person must notify the
treatment provider and the person’s chemical dependency
treatment information must be shared with the department of
corrections for the duration of the offender’s incarceration
and supervision. Upon a petition by a person who does not
have a history of one or more violent acts, as defined in RCW
71.05.020, the court may, for good cause, find that public
safety would not be enhanced by the sharing of this person’s
information. [2004 c 166 § 13.]
70.96A.155
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
70.96A.157
70.96A.157 Persons subject to court-ordered treatment or supervision—Documentation. (1) Treatment providers shall inquire of each person seeking treatment, at
intake, whether the person is subject to court ordered mental
health or chemical dependency treatment, whether civil or
criminal, and document the person’s response in his or her
record. If the person is in treatment on July 1, 2005, and the
treatment provider has not inquired whether the person is
(2006 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
subject to court ordered mental health or chemical dependency treatment, the treatment provider shall inquire on the
person’s next treatment session and document the person’s
response in his or her record.
(2) Treatment providers shall inquire of each person
seeking treatment, at intake, whether the person is subject to
supervision of any kind by the department of corrections and
document the person’s response in his or her record. If the
person is in treatment on July 1, 2005, and the treatment provider has not inquired whether the person is subject to supervision of any kind by the department of corrections, the treatment provider shall inquire on the person’s next treatment
session and document the person’s response in his or her
record.
(3) For all persons who are subject to both court ordered
mental health or chemical dependency treatment and supervision by the department of corrections, the treatment provider
shall request an authorization to release records and notify
the person that, unless expressly excluded by the court order
the law requires treatment providers to share information
with the department of corrections and the person’s mental
health treatment provider.
(4) If the treatment provider has reason to believe that a
person is subject to supervision by the department of corrections but the person’s record does not indicate that he or she
is, the treatment provider may call any department of corrections office and provide the person’s name and birth date. If
the person is subject to supervision, the treatment provider
shall request, and the department of corrections shall provide,
the name and contact information for the person’s community corrections officer. [2005 c 504 § 508.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96A.160
70.96A.160 Visitation and communication with
patients. (1) Subject to reasonable rules regarding hours of
visitation which the secretary may adopt, patients in any
approved treatment program shall be granted opportunities
for adequate consultation with counsel, and for continuing
contact with family and friends consistent with an effective
treatment program.
(2) Neither mail nor other communication to or from a
patient in any approved treatment program may be intercepted, read, or censored. The secretary may adopt reasonable rules regarding the use of telephone by patients in
approved treatment programs. [1989 c 270 § 29; 1972 ex.s. c
122 § 16.]
70.96A.170
70.96A.170 Emergency service patrol—Establishment—Rules. (1) The state and counties, cities, and other
municipalities may establish or contract for emergency service patrols which are to be under the administration of the
appropriate jurisdiction. A patrol consists of persons trained
to give assistance in the streets and in other public places to
persons who are intoxicated. Members of an emergency service patrol shall be capable of providing first aid in emergency situations and may transport intoxicated persons to
their homes and to and from treatment programs.
(2006 Ed.)
70.96A.230
(2) The secretary shall adopt rules pursuant to chapter
34.05 RCW for the establishment, training, and conduct of
emergency service patrols. [1989 c 270 § 30; 1972 ex.s. c
122 § 17.]
70.96A.180
70.96A.180 Payment for treatment—Financial ability of patients. (1) If treatment is provided by an approved
treatment program and the patient has not paid or is unable to
pay the charge therefor, the program is entitled to any payment (a) received by the patient or to which he may be entitled because of the services rendered, and (b) from any public
or private source available to the program because of the
treatment provided to the patient.
(2) A patient in a program, or the estate of the patient, or
a person obligated to provide for the cost of treatment and
having sufficient financial ability, is liable to the program for
cost of maintenance and treatment of the patient therein in
accordance with rates established.
(3) The secretary shall adopt rules governing financial
ability that take into consideration the income, savings, and
other personal and real property of the person required to pay,
and any support being furnished by him to any person he is
required by law to support. [1990 c 151 § 6; 1989 c 270 § 31;
1972 ex.s. c 122 § 18.]
70.96A.190
70.96A.190 Criminal laws limitations. (1) No county,
municipality, or other political subdivision may adopt or
enforce a local law, ordinance, resolution, or rule having the
force of law that includes drinking, being an alcoholic or drug
addict, or being found in an intoxicated condition as one of
the elements of the offense giving rise to a criminal or civil
penalty or sanction.
(2) No county, municipality, or other political subdivision may interpret or apply any law of general application to
circumvent the provision of subsection (1) of this section.
(3) Nothing in this chapter affects any law, ordinance,
resolution, or rule against drunken driving, driving under the
influence of alcohol or other psychoactive chemicals, or other
similar offense involving the operation of a vehicle, aircraft,
boat, machinery, or other equipment, or regarding the sale,
purchase, dispensing, possessing, or use of alcoholic beverages or other psychoactive chemicals at stated times and
places or by a particular class of persons; nor shall evidence
of intoxication affect, other than as a defense, the application
of any law, ordinance, resolution, or rule to conduct otherwise establishing the elements of an offense. [1989 c 270 §
32; 1972 ex.s. c 122 § 19.]
70.96A.230
70.96A.230 Minor—When outpatient treatment provider must give notice to parents. Any provider of outpatient treatment who provides outpatient treatment to a minor
thirteen years of age or older shall provide notice of the
minor’s request for treatment to the minor’s parents if: (1)
The minor signs a written consent authorizing the disclosure;
or (2) the treatment program director determines that the
minor lacks capacity to make a rational choice regarding consenting to disclosure. The notice shall be made within seven
days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and
telephone number of the facility providing treatment, and the
[Title 70 RCW—page 297]
70.96A.235
Title 70 RCW: Public Health and Safety
name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor’s
need for treatment with the parent. [1998 c 296 § 24.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.235
70.96A.235 Minor—Parental consent for inpatient
treatment—Exception. Parental consent is required for
inpatient chemical dependency treatment of a minor, unless
the child meets the definition of a child in need of services in
*RCW 13.32A.030(4)(c) as determined by the department:
PROVIDED, That parental consent is required for any treatment of a minor under the age of thirteen.
This section does not apply to petitions filed under this
chapter. [1998 c 296 § 25.]
*Reviser’s note: RCW 13.32A.030 was amended by 2000 c 123 § 2,
changing subsection (4)(c) to subsection (5)(c).
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.240
70.96A.240 Minor—Parent not liable for payment
unless consented to treatment—No right to public funds.
(1) The parent of a minor is not liable for payment of inpatient or outpatient chemical dependency treatment unless the
parent has joined in the consent to the treatment.
(2) The ability of a parent to apply to a certified treatment program for the admission of his or her minor child
does not create a right to obtain or benefit from any funds or
resources of the state. However, the state may provide services for indigent minors to the extent that funds are available
therefor. [1998 c 296 § 26.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.245
70.96A.245 Minor—Parent may request determination whether minor has chemical dependency requiring
inpatient treatment—Minor consent not required—
Duties and obligations of professional person and facility.
(1) A parent may bring, or authorize the bringing of, his or
her minor child to a certified treatment program and request
that a chemical dependency assessment be conducted by a
professional person to determine whether the minor is chemically dependent and in need of inpatient treatment.
(2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor
to the program.
(3) An appropriately trained professional person may
evaluate whether the minor is chemically dependent. The
evaluation shall be completed within twenty-four hours of the
time the minor was brought to the program, unless the professional person determines that the condition of the minor
necessitates additional time for evaluation. In no event shall a
minor be held longer than seventy-two hours for evaluation.
If, in the judgment of the professional person, it is determined
it is a medical necessity for the minor to receive inpatient
treatment, the minor may be held for treatment. The facility
shall limit treatment to that which the professional person
determines is medically necessary to stabilize the minor’s
condition until the evaluation has been completed. Within
twenty-four hours of completion of the evaluation, the pro[Title 70 RCW—page 298]
fessional person shall notify the department if the child is
held for treatment and of the date of admission.
(4) No provider is obligated to provide treatment to a
minor under the provisions of this section. No provider may
admit a minor to treatment under this section unless it is medically necessary.
(5) No minor receiving inpatient treatment under this
section may be discharged from the program based solely on
his or her request. [1998 c 296 § 27.]
Purpose—1998 c 296 §§ 27 and 29: "It is the purpose of sections 27
and 29 of this act to assure the ability of parents to exercise reasonable, compassionate care and control of their minor children when there is a medical
necessity for treatment and without the requirement of filing a petition under
chapter 70.96A RCW." [1998 c 296 § 33.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.250
70.96A.250 Minor—Parent may request determination whether minor has chemical dependency requiring
outpatient treatment—Consent of minor not required—
Discharge of minor. (1) A parent may bring, or authorize
the bringing of, his or her minor child to a provider of outpatient chemical dependency treatment and request that an
appropriately trained professional person examine the minor
to determine whether the minor has a chemical dependency
and is in need of outpatient treatment.
(2) The consent of the minor is not required for evaluation if the parent brings the minor to the provider.
(3) The professional person in charge of the program
may evaluate whether the minor has a chemical dependency
and is in need of outpatient treatment.
(4) Any minor admitted to inpatient treatment under
RCW 70.96A.245 shall be discharged immediately from
inpatient treatment upon written request of the parent. [1998
c 296 § 29.]
Purpose—1998 c 296 §§ 27 and 29: See note following RCW
70.96A.245.
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.255 Minor—Petition to superior court for
release from facility. Following the review conducted under
RCW 70.96A.097, a minor child may petition the superior
court for his or her release from the facility. The petition may
be filed not sooner than five days following the review. The
court shall release the minor unless it finds, upon a preponderance of the evidence, that it is a medical necessity for the
minor to remain at the facility. [1998 c 296 § 30.]
70.96A.255
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.260 Minor—Not released by petition under
RCW 70.96A.255—Release within thirty days—Professional may initiate proceedings to stop release. If the
minor is not released as a result of the petition filed under
RCW 70.96A.255, he or she shall be released not later than
thirty days following the later of: (1) The date of the department’s determination under RCW 70.96A.097(2); or (2) the
filing of a petition for judicial review under RCW
70.96A.255, unless a professional person or the designated
chemical dependency specialist initiates proceedings under
this chapter. [1998 c 296 § 31.]
70.96A.260
(2006 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.265
70.96A.265 Minor—Eligibility for medical assistance
under chapter 74.09 RCW—Payment by department.
For purposes of eligibility for medical assistance under chapter 74.09 RCW, minors in inpatient chemical dependency
treatment shall be considered to be part of their parent’s or
legal guardian’s household, unless the minor has been
assessed by the department or its designee as likely to require
such treatment for at least ninety consecutive days, or is in
out-of-home care in accordance with chapter 13.34 RCW, or
the parents are found to not be exercising responsibility for
care and control of the minor. Payment for such care by the
department shall be made only in accordance with rules,
guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department. [1998 c 296 §
32.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
70.96A.300
70.96A.300 Counties may create alcoholism and
other drug addiction board—Generally. (1) A county or
combination of counties acting jointly by agreement, referred
to as "county" in this chapter, may create an alcoholism and
other drug addiction board. This board may also be designated as a board for other related purposes.
(2) The board shall be composed of not less than seven
nor more than fifteen members, who shall be chosen for their
demonstrated concern for alcoholism and other drug addiction problems. Members of the board shall be representative
of the community, shall include at least one-quarter recovered alcoholics or other recovered drug addicts, and shall
include minority group representation. No member may be a
provider of alcoholism and other drug addiction treatment
services. No more than four elected or appointed city or
county officials may serve on the board at the same time.
Members of the board shall serve three-year terms and hold
office until their successors are appointed and qualified. They
shall not be compensated for the performance of their duties
as members of the board, but may be reimbursed for travel
expenses.
(3) The alcoholism and other drug addiction board shall:
(a) Conduct public hearings and other investigations to
determine the needs and priorities of county citizens;
(b) Prepare and recommend to the county legislative
authority for approval, all plans, budgets, and applications by
the county to the department and other state agencies on
behalf of the county alcoholism and other drug addiction program;
(c) Monitor the implementation of the alcoholism and
other drug addiction plan and evaluate the performance of the
alcoholism and drug addiction program at least annually;
(d) Advise the county legislative authority and county
alcoholism and other drug addiction program coordinator on
matters relating to the alcoholism and other drug addiction
program, including prevention and education;
(e) Nominate individuals to the county legislative
authority for the position of county alcoholism and other drug
addiction program coordinator. The nominees should have
training and experience in the administration of alcoholism
(2006 Ed.)
70.96A.320
and other drug addiction services and shall meet the minimum qualifications established by rule of the department;
(f) Carry out other duties that the department may prescribe by rule. [1989 c 270 § 15.]
70.96A.310
70.96A.310 County alcoholism and other drug addiction program—Chief executive officer of program to be
program coordinator. (1) The chief executive officer of the
county alcoholism and other drug addiction program shall be
the county alcoholism and other drug addiction program
coordinator. The coordinator shall:
(a) In consultation with the county alcoholism and other
drug addiction board, provide general supervision over the
county alcoholism and other drug addiction program;
(b) Prepare plans and applications for funds to support
the alcoholism and other drug addiction program in consultation with the county alcoholism and other drug addiction
board;
(c) Monitor the delivery of services to assure conformance with plans and contracts and, at the discretion of the
board, but at least annually, report to the alcoholism and other
drug addiction board the results of the monitoring;
(d) Provide staff support to the county alcoholism and
other drug addiction board.
(2) The county alcoholism and other drug addiction program coordinator shall be appointed by the county legislative
authority from nominations by the alcoholism and other drug
addiction program board. The coordinator may serve on
either a full-time or part-time basis. Only with the prior
approval of the secretary may the coordinator be an employee
of a government or private agency under contract with the
department to provide alcoholism or other drug addiction services. [1989 c 270 § 16.]
70.96A.320
70.96A.320 Alcoholism and other drug addiction
program—Generally. (1) A county legislative authority, or
two or more counties acting jointly, may establish an alcoholism and other drug addiction program. If two or more counties jointly establish the program, they shall designate one
county to provide administrative and financial services.
(2) To be eligible for funds from the department for the
support of the county alcoholism and other drug addiction
program, the county legislative authority shall establish a
county alcoholism and other drug addiction board under
RCW 70.96A.300 and appoint a county alcoholism and other
drug addiction program coordinator under RCW 70.96A.310.
(3) The county legislative authority may apply to the
department for financial support for the county program of
alcoholism and other drug addiction. To receive financial
support, the county legislative authority shall submit a plan
that meets the following conditions:
(a) It shall describe the services and activities to be provided;
(b) It shall include anticipated expenditures and revenues;
(c) It shall be prepared by the county alcoholism and
other drug addiction program board and be adopted by the
county legislative authority;
(d) It shall reflect maximum effective use of existing services and programs; and
[Title 70 RCW—page 299]
70.96A.325
Title 70 RCW: Public Health and Safety
(e) It shall meet other conditions that the secretary may
require.
(4) The county may accept and spend gifts, grants, and
fees, from public and private sources, to implement its program of alcoholism and other drug addiction.
(5) The county may subcontract for detoxification, residential treatment, or outpatient treatment with treatment programs that are approved treatment programs. The county may
subcontract for other services with individuals or organizations approved by the department.
(6) To continue to be eligible for financial support from
the department for the county alcoholism and other drug
addiction program, an increase in state financial support shall
not be used to supplant local funds from a source that was
used to support the county alcoholism and other drug addiction program before the effective date of the increase. [1990
c 151 § 9; 1989 c 270 § 17.]
70.96A.325
70.96A.325 Methamphetamine addiction programs—Counties authorized to seek state funding. (1)
Any county that has imposed the sales and use tax authorized
by RCW 82.14.460 may seek a state appropriation of up to
one hundred thousand dollars annually beginning in fiscal
year 2008 and ending in fiscal year 2010. The funds shall be
used to provide additional support to counties for mental
health or substance abuse treatment for persons with methamphetamine addiction. Local governments receiving funds
under this section may not use the funds to supplant existing
funding.
(2) Counties receiving funding shall: (a) Provide a
financial plan for the expenditure of any potential funds prior
to funds being awarded; (b) report annually to the appropriate
committees of the legislature regarding the number of clients
served, services provided, and a statement of expenditures;
and (c) expend no more than ten percent for administrative
costs or for information technology. [2006 c 339 § 101.]
Intent—2006 c 339: "It is the intent of the legislature to provide assistance for jurisdictions enforcing illegal drug laws that have historically been
underserved by federally funded state narcotics task forces and are considered to be major transport areas of narcotics traffickers." [2006 c 339 § 103.]
Part headings not law—2006 c 339: "Part headings used in this act are
no part of the law." [2006 c 339 § 401.]
70.96A.350
70.96A.350 Criminal justice treatment account. (1)
The criminal justice treatment account is created in the state
treasury. Moneys in the account may be expended solely for:
(a) Substance abuse treatment and treatment support services
for offenders with an addiction or a substance abuse problem
that, if not treated, would result in addiction, against whom
charges are filed by a prosecuting attorney in Washington
state; and (b) the provision of drug and alcohol treatment services and treatment support services for nonviolent offenders
within a drug court program. Moneys in the account may be
spent only after appropriation.
(2) For purposes of this section:
(a) "Treatment" means services that are critical to a participant’s successful completion of his or her substance abuse
treatment program, but does not include the following services: Housing other than that provided as part of an inpatient substance abuse treatment program, vocational training,
and mental health counseling; and
[Title 70 RCW—page 300]
(b) "Treatment support" means transportation to or from
inpatient or outpatient treatment services when no viable
alternative exists, and child care services that are necessary to
ensure a participant’s ability to attend outpatient treatment
sessions.
(3) Revenues to the criminal justice treatment account
consist of: (a) Funds transferred to the account pursuant to
this section; and (b) any other revenues appropriated to or
deposited in the account.
(4)(a) For the fiscal biennium beginning July 1, 2003, the
state treasurer shall transfer eight million nine hundred fifty
thousand dollars from the general fund into the criminal justice treatment account, divided into eight equal quarterly payments. For the fiscal year beginning July 1, 2005, and each
subsequent fiscal year, the state treasurer shall transfer eight
million two hundred fifty thousand dollars from the general
fund to the criminal justice treatment account, divided into
four equal quarterly payments. For the fiscal year beginning
July 1, 2006, and each subsequent fiscal year, the amount
transferred shall be increased on an annual basis by the
implicit price deflator as published by the federal bureau of
labor statistics.
(b) For the fiscal biennium beginning July 1, 2003, and
each biennium thereafter, the state treasurer shall transfer two
million nine hundred eighty-four thousand dollars from the
general fund into the violence reduction and drug enforcement account, divided into eight quarterly payments. The
amounts transferred pursuant to this subsection (4)(b) shall
be used solely for providing drug and alcohol treatment services to offenders confined in a state correctional facility who
are assessed with an addiction or a substance abuse problem
that if not treated would result in addiction.
(c) In each odd-numbered year, the legislature shall
appropriate the amount transferred to the criminal justice
treatment account in (a) of this subsection to the division of
alcohol and substance abuse for the purposes of subsection
(5) of this section.
(5) Moneys appropriated to the division of alcohol and
substance abuse from the criminal justice treatment account
shall be distributed as specified in this subsection. The
department shall serve as the fiscal agent for purposes of distribution. Until July 1, 2004, the department may not use
moneys appropriated from the criminal justice treatment
account for administrative expenses and shall distribute all
amounts appropriated under subsection (4)(c) of this section
in accordance with this subsection. Beginning in July 1,
2004, the department may retain up to three percent of the
amount appropriated under subsection (4)(c) of this section
for its administrative costs.
(a) Seventy percent of amounts appropriated to the division from the account shall be distributed to counties pursuant to the distribution formula adopted under this section.
The division of alcohol and substance abuse, in consultation
with the department of corrections, the sentencing guidelines
commission, the Washington state association of counties,
the Washington state association of drug court professionals,
the superior court judges’ association, the Washington association of prosecuting attorneys, representatives of the criminal defense bar, representatives of substance abuse treatment
providers, and any other person deemed by the division to be
necessary, shall establish a fair and reasonable methodology
(2006 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
for distribution to counties of moneys in the criminal justice
treatment account. County or regional plans submitted for
the expenditure of formula funds must be approved by the
panel established in (b) of this subsection.
(b) Thirty percent of the amounts appropriated to the
division from the account shall be distributed as grants for
purposes of treating offenders against whom charges are filed
by a county prosecuting attorney. The division shall appoint
a panel of representatives from the Washington association of
prosecuting attorneys, the Washington association of sheriffs
and police chiefs, the superior court judges’ association, the
Washington state association of counties, the Washington
defender’s association or the Washington association of
criminal defense lawyers, the department of corrections, the
Washington state association of drug court professionals,
substance abuse treatment providers, and the division. The
panel shall review county or regional plans for funding under
(a) of this subsection and grants approved under this subsection. The panel shall attempt to ensure that treatment as
funded by the grants is available to offenders statewide.
(6) The county alcohol and drug coordinator, county
prosecutor, county sheriff, county superior court, a substance
abuse treatment provider appointed by the county legislative
authority, a member of the criminal defense bar appointed by
the county legislative authority, and, in counties with a drug
court, a representative of the drug court shall jointly submit a
plan, approved by the county legislative authority or authorities, to the panel established in subsection (5)(b) of this section, for disposition of all the funds provided from the criminal justice treatment account within that county. The funds
shall be used solely to provide approved alcohol and substance abuse treatment pursuant to RCW 70.96A.090 and
treatment support services. No more than ten percent of the
total moneys received under subsections (4) and (5) of this
section by a county or group of counties participating in a
regional agreement shall be spent for treatment support services.
(7) Counties are encouraged to consider regional agreements and submit regional plans for the efficient delivery of
treatment under this section.
(8) Moneys allocated under this section shall be used to
supplement, not supplant, other federal, state, and local funds
used for substance abuse treatment.
(9) Counties must meet the criteria established in RCW
2.28.170(3)(b). [2003 c 379 § 11; 2002 c 290 § 4.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Effective date—2002 c 290 §§ 1, 4-6, 12, 13, 26, and 27: "Sections 1,
4 through 6, 12, 13, 26, and 27 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately
[April 1, 2002]." [2002 c 290 § 32.]
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—2002 c 290: See RCW 9.94A.924.
70.96A.400
70.96A.400 Opiate substitution treatment—Declaration of regulation by state. The state of Washington
declares that there is no fundamental right to opiate substitution treatment. The state of Washington further declares that
while opiate substitution drugs used in the treatment of opiate
dependency are addictive substances, that they nevertheless
(2006 Ed.)
70.96A.410
have several legal, important, and justified uses and that one
of their appropriate and legal uses is, in conjunction with
other required therapeutic procedures, in the treatment of persons addicted to or habituated to opioids. Opiate substitution
treatment should only be used for participants who are
deemed appropriate to need this level of intervention and
should not be the first treatment intervention for all opiate
addicts.
Because opiate substitution drugs, used in the treatment
of opiate dependency are addictive and are listed as a schedule II controlled substance in chapter 69.50 RCW, the state of
Washington has the legal obligation and right to regulate the
use of opiate substitution treatment. The state of Washington
declares its authority to control and regulate carefully, in consultation with counties and cities, all clinical uses of opiate
substitution drugs used in the treatment of opiate addiction.
Further, the state declares that the primary goal of opiate
substitution treatment is total abstinence from chemical
dependency for the individuals who participate in the treatment program. The state recognizes that a small percentage
of persons who participate in opiate substitution treatment
programs require treatment for an extended period of time.
Opiate substitution treatment programs shall provide a comprehensive transition program to eliminate chemical dependency, including opiate and opiate substitute addiction of
program participants. [2001 c 242 § 1; 1995 c 321 § 1; 1989
c 270 § 20.]
70.96A.410
70.96A.410 Opiate substitution treatment—Program
certification by department, department duties—Definition of opiate substitution treatment. (1) For purposes of
this section, "area" means the county in which an applicant
proposes to locate a certified program and counties adjacent,
or near to, the county in which the program is proposed to be
located.
When making a decision on an application for certification of a program, the department shall:
(a) Consult with the county legislative authorities in the
area in which an applicant proposes to locate a program and
the city legislative authority in any city in which an applicant
proposes to locate a program;
(b) Certify only programs that will be sited in accordance
with the appropriate county or city land use ordinances.
Counties and cities may require conditional or special use
permits with reasonable conditions for the siting of programs.
Pursuant to RCW 36.70A.200, no local comprehensive plan
or development regulation may preclude the siting of essential public facilities;
(c) Not discriminate in its certification decision on the
basis of the corporate structure of the applicant;
(d) Consider the size of the population in need of treatment in the area in which the program would be located and
certify only applicants whose programs meet the necessary
treatment needs of that population;
(e) Demonstrate a need in the community for opiate substitution treatment and not certify more program slots than
justified by the need in that community. No program shall
exceed three hundred fifty participants unless specifically
authorized by the county in which the program is certified;
[Title 70 RCW—page 301]
70.96A.420
Title 70 RCW: Public Health and Safety
(f) Consider the availability of other certified programs
near the area in which the applicant proposes to locate the
program;
(g) Consider the transportation systems that would provide service to the program and whether the systems will provide reasonable opportunities to access the program for persons in need of treatment;
(h) Consider whether the applicant has, or has demonstrated in the past, the capability to provide the appropriate
services to assist the persons who utilize the program in meeting goals established by the legislature, including abstinence
from opiates and opiate substitutes, obtaining mental health
treatment, improving economic independence, and reducing
adverse consequences associated with illegal use of controlled substances. The department shall prioritize certification to applicants who have demonstrated such capability;
(i) Hold at least one public hearing in the county in
which the facility is proposed to be located and one hearing in
the area in which the facility is proposed to be located. The
hearing shall be held at a time and location that are most
likely to permit the largest number of interested persons to
attend and present testimony. The department shall notify all
appropriate media outlets of the time, date, and location of
the hearing at least three weeks in advance of the hearing.
(2) A program applying for certification from the department and a program applying for a contract from a state
agency that has been denied the certification or contract shall
be provided with a written notice specifying the rationale and
reasons for the denial.
(3) For the purpose of this chapter, opiate substitution
treatment means:
(a) Dispensing an opiate substitution drug approved by
the federal drug administration for the treatment of opiate
addiction; and
(b) Providing a comprehensive range of medical and
rehabilitative services. [2001 c 242 § 2; 1995 c 321 § 2; 1989
c 270 § 21.]
70.96A.420 Statewide treatment and operating standards for opiate substitution programs—Evaluation and
report. (1) The department, in consultation with opiate substitution treatment service providers and counties and cities,
shall establish statewide treatment standards for certified opiate substitution treatment programs. The department shall
enforce these treatment standards. The treatment standards
shall include, but not be limited to, reasonable provisions for
all appropriate and necessary medical procedures, counseling
requirements, urinalysis, and other suitable tests as needed to
ensure compliance with this chapter.
(2) The department, in consultation with opiate substitution treatment programs and counties, shall establish statewide operating standards for certified opiate substitution
treatment programs. The department shall enforce these
operating standards. The operating standards shall include,
but not be limited to, reasonable provisions necessary to
enable the department and counties to monitor certified and
licensed opiate substitution treatment programs for compliance with this chapter and the treatment standards authorized
by this chapter and to minimize the impact of the opiate substitution treatment programs upon the business and residential neighborhoods in which the program is located.
70.96A.420
[Title 70 RCW—page 302]
(3) The department shall establish criteria for evaluating
the compliance of opiate substitution treatment programs
with the goals and standards established under this chapter.
As a condition of certification, opiate substitution programs
shall submit an annual report to the department and county
legislative authority, including data as specified by the
department necessary for outcome analysis. The department
shall analyze and evaluate the data submitted by each treatment program and take corrective action where necessary to
ensure compliance with the goals and standards enumerated
under this chapter. [2003 c 207 § 6; 2001 c 242 § 3; 1998 c
245 § 135; 1995 c 321 § 3; 1989 c 270 § 22.]
70.96A.430
70.96A.430 Inability to contribute to cost no bar to
admission—Department may limit admissions. The
department shall not refuse admission for diagnosis, evaluation, guidance or treatment to any applicant because it is
determined that the applicant is financially unable to contribute fully or in part to the cost of any services or facilities
available under the program on alcoholism.
The department may limit admissions of such applicants
or modify its programs in order to ensure that expenditures
for services or programs do not exceed amounts appropriated
by the legislature and are allocated by the department for
such services or programs. The department may establish
admission priorities in the event that the number of eligible
applicants exceeds the limits set by the department. [1989 c
271 § 308; 1959 c 85 § 15. Formerly RCW 70.96.150.]
Reviser’s note: This section was also repealed by 1989 c 270 § 35,
without cognizance of its amendment by 1989 c 271 § 308; and subsequently
recodified pursuant to 1993 c 131 § 1. For rule of construction concerning
sections amended and repealed in the same legislative session, see RCW
1.12.025.
Severability—1989 c 271: See note following RCW 9.94A.510.
70.96A.500
70.96A.500 Fetal alcohol screening and assessment
services. The department shall contract with the University
of Washington fetal alcohol syndrome clinic to provide fetal
alcohol exposure screening and assessment services. The
University indirect charges shall not exceed ten percent of the
total contract amount. The contract shall require the University of Washington fetal alcohol syndrome clinic to provide
the following services:
(1) Training for health care staff in community-based
fetal alcohol exposure clinics to ensure the accurate diagnosis
of individuals with fetal alcohol exposure and the development and implementation of appropriate service referral
plans;
(2) Development of written or visual educational materials for the individuals diagnosed with fetal alcohol exposure
and their families or caregivers;
(3) Systematic information retrieval from each community clinic to (a) maintain diagnostic accuracy and reliability
across all community clinics, (b) facilitate the development
of effective and efficient screening tools for population-based
identification of individuals with fetal alcohol exposure, (c)
facilitate identification of the most clinically efficacious and
cost-effective educational, social, vocational, and health service interventions for individuals with fetal alcohol exposure;
(4) Based on available funds, establishment of a network
of community-based fetal alcohol exposure clinics across the
(2006 Ed.)
Treatment for Alcoholism, Intoxication, and Drug Addiction
state to meet the demand for fetal alcohol exposure diagnostic and referral services; and
(5) Preparation of an annual report for submission to the
department of health, the department of social and health services, the department of corrections, and the office of the
superintendent of public instruction which includes the information retrieved under subsection (3) of this section. [1998 c
245 § 136; 1995 c 54 § 2.]
Findings—Purpose—1995 c 54: "The legislature finds that fetal alcohol exposure is among the leading known causes of mental retardation in the
children of our state. The legislature further finds that individuals with undiagnosed fetal alcohol exposure suffer substantially from secondary disabilities such as child abuse and neglect, separation from families, multiple foster
placements, depression, aggression, school failure, juvenile detention, and
job instability. These secondary disabilities come at a high cost to the individuals, their family, and society. The legislature finds that these problems
can be reduced substantially by early diagnosis and receipt of appropriate,
effective intervention.
The purpose of this act is to support current public and private efforts
directed at the early identification of and intervention into the problems associated with fetal alcohol exposure through the creation of a fetal alcohol
exposure clinical network." [1995 c 54 § 1.]
70.96A.510
70.96A.510 Interagency agreement on fetal alcohol
exposure programs. The department of social and health
services, the department of health, the department of corrections, and the office of the superintendent of public instruction shall execute an interagency agreement to ensure the
coordination of identification, prevention, and intervention
programs for children who have fetal alcohol exposure, and
for women who are at high risk of having children with fetal
alcohol exposure.
The interagency agreement shall provide a process for
community advocacy groups to participate in the review and
development of identification, prevention, and intervention
programs administered or contracted for by the agencies executing this agreement. [1995 c 54 § 3.]
Findings—Purpose— 1995 c 54: See note fol lowing RCW
70.96A.500.
70.96A.520
70.96A.520 Chemical dependency treatment expenditures—Prioritization. The department shall prioritize
expenditures for treatment provided under RCW 13.40.165.
The department shall provide funds for inpatient and outpatient treatment providers that are the most successful, using
the standards developed by the University of Washington
under section 27, chapter 338, Laws of 1997. The department may consider variations between the nature of the programs provided and clients served but must provide funds
first for those programs that demonstrate the greatest success
in treatment within categories of treatment and the nature of
the persons receiving treatment. [2003 c 207 § 7; 1997 c 338
§ 28.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
70.96A.800
70.96A.800 Chemically dependent persons—Intensive case management pilot projects. (Expires June 30,
2008.) (1) The secretary shall select and contract with counties to provide intensive case management for chemically
dependent persons with histories of high utilization of crisis
(2006 Ed.)
70.96A.800
services at two sites. In selecting the two sites, the secretary
shall endeavor to site one in an urban county, and one in a
rural county; and to site them in counties other than those
selected pursuant to RCW 70.96B.020, to the extent necessary to facilitate evaluation of pilot project results.
(2) The contracted sites shall implement the pilot programs by providing intensive case management to persons
with a primary chemical dependency diagnosis or dual primary chemical dependency and mental health diagnoses,
through the employment of chemical dependency case managers. The chemical dependency case managers shall:
(a) Be trained in and use the integrated, comprehensive
screening and assessment process adopted under RCW
70.96C.010;
(b) Reduce the use of crisis medical, chemical dependency and mental health services, including but not limited
to, emergency room admissions, hospitalizations, detoxification programs, inpatient psychiatric admissions, involuntary
treatment petitions, emergency medical services, and ambulance services;
(c) Reduce the use of emergency first responder services
including police, fire, emergency medical, and ambulance
services;
(d) Reduce the number of criminal justice interventions
including arrests, violations of conditions of supervision,
bookings, jail days, prison sanction day for violations, court
appearances, and prosecutor and defense costs;
(e) Where appropriate and available, work with therapeutic courts including drug courts and mental health courts
to maximize the outcomes for the individual and reduce the
likelihood of reoffense;
(f) Coordinate with local offices of the economic services administration to assist the person in accessing and
remaining enrolled in those programs to which the person
may be entitled;
(g) Where appropriate and available, coordinate with primary care and other programs operated through the federal
government including federally qualified health centers,
Indian health programs, and veterans’ health programs for
which the person is eligible to reduce duplication of services
and conflicts in case approach;
(h) Where appropriate, advocate for the client’s needs to
assist the person in achieving and maintaining stability and
progress toward recovery;
(i) Document the numbers of persons with co-occurring
mental and substance abuse disorders and the point of determination of the co-occurring disorder by quadrant of intensity of need; and
(j) Where a program participant is under supervision by
the department of corrections, collaborate with the department of corrections to maximize treatment outcomes and
reduce the likelihood of reoffense.
(3) The pilot programs established by this section shall
begin providing services by March 1, 2006.
(4) This section expires June 30, 2008. [2005 c 504 §
220.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
[Title 70 RCW—page 303]
70.96A.905
Title 70 RCW: Public Health and Safety
70.96A.905
70.96A.905 Uniform application of chapter—Training for county-designated mental health professionals.
The department shall ensure that the provisions of this chapter are applied by the counties in a consistent and uniform
manner. The department shall also ensure that, to the extent
possible within available funds, the county-designated chemical dependency specialists are specifically trained in adolescent chemical dependency issues, the chemical dependency
commitment laws, and the criteria for commitment. [1992 c
205 § 306.]
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
70.96A.910
70.96A.910 Application—Construction—1972 ex.s. c
122. This act shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect
to the subject of this act among those states which enact it.
[1972 ex.s. c 122 § 22.]
70.96A.915
70.96A.915 Department allocation of funds—Construction. The department is authorized to allocate appropriated funds in the manner that it determines best meets the
purposes of this chapter. Nothing in this chapter shall be construed to entitle any individual to services authorized in this
chapter, or to require the department or its contractors to reallocate funds in order to ensure that services are available to
any eligible person upon demand. [1989 c 271 § 309.]
Severability—1989 c 271: See note following RCW 9.94A.510.
70.96A.920
70.96A.920 Severability—1972 ex.s. c 122. If any provision of this act or the application thereof to any person or
circumstance is held invalid, the invalidity does not affect
other provisions or applications of the act which can be given
effect without the invalid provision or application, and to this
end the provisions of this act are severable. [1972 ex.s. c 122
§ 20.]
70.96A.930
70.96A.930 Section, subsection headings not part of
law. Section or subsection headings as used in this chapter
do not constitute any part of the law. [1972 ex.s. c 122 § 27.]
Chapter 70.96B RCW
INTEGRATED CRISIS RESPONSE AND
INVOLUNTARY TREATMENT—PILOT PROGRAMS
Chapter 70.96B
Sections
70.96B.010 Definitions.
70.96B.020 Selection of areas for pilot programs—Pilot program requirements.
70.96B.030 Designated crisis responder—Qualifications.
70.96B.040 Powers of designated crisis responder.
70.96B.050 Petition for initial detention—Evaluation and treatment
period—Procedure.
70.96B.060 Exemption from liability.
70.96B.070 Detention period for evaluation and treatment.
70.96B.080 Detention for evaluation and treatment of mental disorder—
Chapter 71.05 RCW applies.
70.96B.090 Procedures for additional chemical dependency treatment.
70.96B.100 Petition for additional treatment under RCW 70.96A.140.
70.96B.110 Involuntary chemical dependency treatment proceedings—
Prosecuting attorney shall represent petitioner.
70.96B.120 Rights of involuntarily detained persons.
70.96B.130 Evaluation by designated crisis responder—When required—
Required notifications.
70.96B.140 Secretary may adopt rules.
[Title 70 RCW—page 304]
70.96B.150 Application of RCW 71.05.550.
70.96B.800 Evaluation of pilot programs.
70.96B.900 Expiration date—2005 c 504 §§ 202-216.
70.96B.010
70.96B.010 Definitions. (Expires July 1, 2008.) The
definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Admission" or "admit" means a decision by a physician that a person should be examined or treated as a patient
in a hospital, an evaluation and treatment facility, or other
inpatient facility, or a decision by a professional person in
charge or his or her designee that a person should be detained
as a patient for evaluation and treatment in a secure detoxification facility or other certified chemical dependency provider.
(2) "Antipsychotic medications" means that class of
drugs primarily used to treat serious manifestations of mental
illness associated with thought disorders, which includes but
is not limited to atypical antipsychotic medications.
(3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department as meeting standards adopted under chapter 70.96A RCW.
(4) "Attending staff" means any person on the staff of a
public or private agency having responsibility for the care
and treatment of a patient.
(5) "Chemical dependency" means:
(a) Alcoholism;
(b) Drug addiction; or
(c) Dependence on alcohol and one or more other psychoactive chemicals, as the context requires.
(6) "Chemical dependency professional" means a person
certified as a chemical dependency professional by the
department of health under chapter 18.205 RCW.
(7) "Commitment" means the determination by a court
that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive
setting.
(8) "Conditional release" means a revocable modification of a commitment that may be revoked upon violation of
any of its terms.
(9) "Custody" means involuntary detention under either
chapter 71.05 or 70.96A RCW or this chapter, uninterrupted
by any period of unconditional release from commitment
from a facility providing involuntary care and treatment.
(10) "Department" means the department of social and
health services.
(11) "Designated chemical dependency specialist" or
"specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated
under RCW 70.96A.310 to perform the commitment duties
described in RCW 70.96A.140 and this chapter, and qualified
to do so by meeting standards adopted by the department.
(12) "Designated crisis responder" means a person designated by the county or regional support network to perform
the duties specified in this chapter.
(13) "Designated mental health professional" means a
mental health professional designated by the county or other
authority authorized in rule to perform the duties specified in
this chapter.
(2006 Ed.)
Integrated Crisis Response and Involuntary Treatment—Pilot Programs
(14) "Detention" or "detain" means the lawful confinement of a person under this chapter, or chapter 70.96A or
71.05 RCW.
(15) "Developmental disabilities professional" means a
person who has specialized training and three years of experience in directly treating or working with individuals with
developmental disabilities and is a psychiatrist, psychologist,
or social worker, and such other developmental disabilities
professionals as may be defined by rules adopted by the secretary.
(16) "Developmental disability" means that condition
defined in RCW 71A.10.020.
(17) "Discharge" means the termination of facility
authority. The commitment may remain in place, be terminated, or be amended by court order.
(18) "Evaluation and treatment facility" means any facility that can provide directly, or by direct arrangement with
other public or private agencies, emergency evaluation and
treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and
that is certified as such by the department. A physically separate and separately operated portion of a state hospital may
be designated as an evaluation and treatment facility. A facility that is part of, or operated by, the department or any federal agency does not require certification. No correctional
institution or facility, or jail, may be an evaluation and treatment facility within the meaning of this chapter.
(19) "Facility" means either an evaluation and treatment
facility or a secure detoxification facility.
(20) "Gravely disabled" means a condition in which a
person, as a result of a mental disorder, or as a result of the
use of alcohol or other psychoactive chemicals:
(a) Is in danger of serious physical harm resulting from a
failure to provide for his or her essential human needs of
health or safety; or
(b) Manifests severe deterioration in routine functioning
evidenced by repeated and escalating loss of cognitive or
volitional control over his or her actions and is not receiving
such care as is essential for his or her health or safety.
(21) "History of one or more violent acts" refers to the
period of time ten years before the filing of a petition under
this chapter, or chapter 70.96A or 71.05 RCW, excluding any
time spent, but not any violent acts committed, in a mental
health facility or a long-term alcoholism or drug treatment
facility, or in confinement as a result of a criminal conviction.
(22) "Intoxicated person" means a person whose mental
or physical functioning is substantially impaired as a result of
the use of alcohol or other psychoactive chemicals.
(23) "Judicial commitment" means a commitment by a
court under this chapter.
(24) "Licensed physician" means a person licensed to
practice medicine or osteopathic medicine and surgery in the
state of Washington.
(25) "Likelihood of serious harm" means:
(a) A substantial risk that:
(i) Physical harm will be inflicted by a person upon his or
her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;
(ii) Physical harm will be inflicted by a person upon
another, as evidenced by behavior that has caused such harm
(2006 Ed.)
70.96B.010
or that places another person or persons in reasonable fear of
sustaining such harm; or
(iii) Physical harm will be inflicted by a person upon the
property of others, as evidenced by behavior that has caused
substantial loss or damage to the property of others; or
(b) The person has threatened the physical safety of
another and has a history of one or more violent acts.
(26) "Mental disorder" means any organic, mental, or
emotional impairment that has substantial adverse effects on
a person’s cognitive or volitional functions.
(27) "Mental health professional" means a psychiatrist,
psychologist, psychiatric nurse, or social worker, and such
other mental health professionals as may be defined by rules
adopted by the secretary under the authority of chapter 71.05
RCW.
(28) "Peace officer" means a law enforcement official of
a public agency or governmental unit, and includes persons
specifically given peace officer powers by any state law,
local ordinance, or judicial order of appointment.
(29) "Person in charge" means a physician or chemical
dependency counselor as defined in rule by the department,
who is empowered by a certified treatment program with
authority to make assessment, admission, continuing care,
and discharge decisions on behalf of the certified program.
(30) "Private agency" means any person, partnership,
corporation, or association that is not a public agency,
whether or not financed in whole or in part by public funds,
that constitutes an evaluation and treatment facility or private
institution, or hospital, or approved treatment program, that is
conducted for, or includes a department or ward conducted
for, the care and treatment of persons who are mentally ill
and/or chemically dependent.
(31) "Professional person" means a mental health professional or chemical dependency professional and shall also
mean a physician, registered nurse, and such others as may be
defined by rules adopted by the secretary pursuant to the provisions of this chapter.
(32) "Psychiatrist" means a person having a license as a
physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the
American osteopathic association and is certified or eligible
to be certified by the American board of psychiatry and neurology.
(33) "Psychologist" means a person who has been
licensed as a psychologist under chapter 18.83 RCW.
(34) "Public agency" means any evaluation and treatment facility or institution, or hospital, or approved treatment
program that is conducted for, or includes a department or
ward conducted for, the care and treatment of persons who
are mentally ill and/or chemically dependent, if the agency is
operated directly by federal, state, county, or municipal government, or a combination of such governments.
(35) "Registration records" means all the records of the
department, regional support networks, treatment facilities,
and other persons providing services to the department,
county departments, or facilities which identify persons who
are receiving or who at any time have received services for
mental illness.
(36) "Release" means legal termination of the commitment under chapter 70.96A or 71.05 RCW or this chapter.
[Title 70 RCW—page 305]
70.96B.020
Title 70 RCW: Public Health and Safety
(37) "Secretary" means the secretary of the department
or the secretary’s designee.
(38) "Secure detoxification facility" means a facility
operated by either a public or private agency or by the program of an agency that serves the purpose of providing evaluation and assessment, and acute and/or subacute detoxification services for intoxicated persons and includes security
measures sufficient to protect the patients, staff, and community.
(39) "Social worker" means a person with a master’s or
further advanced degree from an accredited school of social
work or a degree deemed equivalent under rules adopted by
the secretary.
(40) "Treatment records" means registration records and
all other records concerning persons who are receiving or
who at any time have received services for mental illness,
which are maintained by the department, by regional support
networks and their staffs, and by treatment facilities. Treatment records do not include notes or records maintained for
personal use by a person providing treatment services for the
department, regional support networks, or a treatment facility
if the notes or records are not available to others.
(41) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property. [2005 c 504 § 202.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96B.020
70.96B.020 Selection of areas for pilot programs—
Pilot program requirements. (Expires July 1, 2008.) (1)
The secretary, after consulting with the Washington state
association of counties, shall select and contract with regional
support networks or counties to provide two integrated crisis
response and involuntary treatment pilot programs for adults
and shall allocate resources for both integrated services and
secure detoxification services in the pilot areas. In selecting
the two regional support networks or counties, the secretary
shall endeavor to site one in an urban and one in a rural
regional support network or county; and to site them in counties other than those selected pursuant to RCW 70.96A.800,
to the extent necessary to facilitate evaluation of pilot project
results.
(2) The regional support networks or counties shall
implement the pilot programs by providing integrated crisis
response and involuntary treatment to persons with a chemical dependency, a mental disorder, or both, consistent with
this chapter. The pilot programs shall:
(a) Combine the crisis responder functions of a designated mental health professional under chapter 71.05 RCW
and a designated chemical dependency specialist under chapter 70.96A RCW by establishing a new designated crisis
responder who is authorized to conduct investigations and
detain persons up to seventy-two hours to the proper facility;
(b) Provide training to the crisis responders as required
by the department;
(c) Provide sufficient staff and resources to ensure availability of an adequate number of crisis responders twentyfour hours a day, seven days a week;
[Title 70 RCW—page 306]
(d) Provide the administrative and court-related staff,
resources, and processes necessary to facilitate the legal
requirements of the initial detention and the commitment
hearings for persons with a chemical dependency;
(e) Participate in the evaluation and report to assess the
outcomes of the pilot programs including providing data and
information as requested;
(f) Provide the other services necessary to the implementation of the pilot programs, consistent with this chapter as
determined by the secretary in contract; and
(g) Collaborate with the department of corrections where
persons detained or committed are also subject to supervision
by the department of corrections.
(3) The pilot programs established by this section shall
begin providing services by March 1, 2006. [2005 c 504 §
203.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96B.030
70.96B.030 Designated crisis responder—Qualifications. (Expires July 1, 2008.) To qualify as a designated crisis responder, a person must have received chemical dependency training as determined by the department and be a:
(1) Psychiatrist, psychologist, psychiatric nurse, or
social worker;
(2) Person with a master’s degree or further advanced
degree in counseling or one of the social sciences from an
accredited college or university and who have, in addition, at
least two years of experience in direct treatment of persons
with mental illness or emotional disturbance, such experience
gained under the direction of a mental health professional;
(3) Person who meets the waiver criteria of RCW
71.24.260, which waiver was granted before 1986;
(4) Person who had an approved waiver to perform the
duties of a mental health professional that was requested by
the regional support network and granted by the department
before July 1, 2001; or
(5) Person who has been granted a time-limited exception of the minimum requirements of a mental health professional by the department consistent with rules adopted by the
secretary. [2005 c 504 § 204.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96B.040
70.96B.040 Powers of designated crisis responder.
(Expires July 1, 2008.) In addition to the provisions of this
chapter, a designated crisis responder has all the powers and
duties of a designated mental health professional as well as
the powers and duties of a designated chemical dependency
specialist under RCW 70.96A.120. [2005 c 504 § 205.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
(2006 Ed.)
Integrated Crisis Response and Involuntary Treatment—Pilot Programs
70.96B.050
70.96B.050 Petition for initial detention—Evaluation
and treatment period—Procedure. (Expires July 1, 2008.)
(1)(a) When a designated crisis responder receives information alleging that a person, as a result of a mental disorder,
chemical dependency disorder, or both, presents a likelihood
of serious harm or is gravely disabled, the designated crisis
responder may, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of any
person providing information to initiate detention, if satisfied
that the allegations are true and that the person will not voluntarily seek appropriate treatment, file a petition for initial
detention. Before filing the petition, the designated crisis
responder must personally interview the person, unless the
person refuses an interview, and determine whether the person will voluntarily receive appropriate evaluation and treatment at either an evaluation and treatment facility, a detoxification facility, or other certified chemical dependency provider.
(b)(i)(A) Whenever it appears, by petition for initial
detention, to the satisfaction of a judge of the superior court
that a person presents as a result of a mental disorder, a likelihood of serious harm, or is gravely disabled, and that the
person has refused or failed to accept appropriate evaluation
and treatment voluntarily, the judge may issue an order
requiring the person to appear within twenty-four hours after
service of the order at a designated evaluation and treatment
facility for not more than a seventy-two hour evaluation and
treatment period; or
(B) Whenever it appears, by petition for initial detention,
to the satisfaction of a judge of the superior court, district
court, or other court permitted by court rule, that a person
presents as a result of a chemical dependency, a likelihood of
serious harm, or is gravely disabled, and that the person has
refused or failed to accept appropriate evaluation and treatment voluntarily, the judge may issue an order requiring the
person to appear within twenty-four hours after service of the
order at a secure detoxification facility or other certified
chemical dependency provider for not more than a seventytwo hour evaluation and treatment period.
(ii) The order issued under this subsection (1)(b) shall
state the address of the evaluation and treatment facility,
secure detoxification facility, or other certified chemical
dependency provider to which the person is to report;
whether the required seventy-two hour evaluation and treatment services may be delivered on an outpatient or inpatient
basis; and that if the person named in the order fails to appear
at the evaluation and treatment facility, secure detoxification
facility, or other certified chemical dependency provider at or
before the date and time stated in the order, the person may be
involuntarily taken into custody for evaluation and treatment.
The order shall also designate retained counsel or, if counsel
is appointed from a list provided by the court, the name, business address, and telephone number of the attorney appointed
to represent the person.
(c) The designated crisis responder shall then serve or
cause to be served on such person, his or her guardian, and
conservator, if any, a copy of the order to appear, together
with a notice of rights and a petition for initial detention.
After service on the person, the designated crisis responder
shall file the return of service in court and provide copies of
all papers in the court file to the evaluation and treatment
(2006 Ed.)
70.96B.050
facility or secure detoxification facility and the designated
attorney. The designated crisis responder shall notify the
court and the prosecuting attorney that a probable cause hearing will be held within seventy-two hours of the date and time
of outpatient evaluation or admission to the evaluation and
treatment facility, secure detoxification facility, or other certified chemical dependency provider. The person shall be
permitted to remain in his or her home or other place of his or
her choosing before the time of evaluation and shall be permitted to be accompanied by one or more of his or her relatives, friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. An
attorney accompanying the person to the place of evaluation
shall be permitted to be present during the admission evaluation. Any other person accompanying the person may be
present during the admission evaluation. The facility may
exclude the person if his or her presence would present a
safety risk, delay the proceedings, or otherwise interfere with
the evaluation.
(d) If the person ordered to appear does appear on or
before the date and time specified, the evaluation and treatment facility, secure detoxification facility, or other certified
chemical dependency provider may admit the person as
required by subsection (3) of this section or may provide
treatment on an outpatient basis. If the person ordered to
appear fails to appear on or before the date and time specified, the evaluation and treatment facility, secure detoxification facility, or other certified chemical dependency provider
shall immediately notify the designated crisis responder who
may notify a peace officer to take the person or cause the person to be taken into custody and placed in an evaluation and
treatment facility, a secure detoxification facility, or other
certified chemical dependency provider. Should the designated crisis responder notify a peace officer authorizing the
officer to take a person into custody under this subsection, the
designated crisis responder shall file with the court a copy of
the authorization and a notice of detention. At the time the
person is taken into custody there shall commence to be
served on the person, his or her guardian, and conservator, if
any, a copy of the original order together with a notice of
detention, a notice of rights, and a petition for initial detention.
(2) If a designated crisis responder receives information
alleging that a person, as the result of:
(a) A mental disorder, presents an imminent likelihood
of serious harm, or is in imminent danger because of being
gravely disabled, after investigation and evaluation of the
specific facts alleged and of the reliability and credibility of
the person or persons providing the information if any, the
designated crisis responder may take the person, or cause by
oral or written order the person to be taken into emergency
custody in an evaluation and treatment facility for not more
than seventy-two hours as described in this chapter; or
(b) Chemical dependency, presents an imminent likelihood of serious harm, or is in imminent danger because of
being gravely disabled, after investigation and evaluation of
the specific facts alleged and of the reliability and credibility
of the person or persons providing the information if any, the
designated crisis responder may take the person, or cause by
oral or written order the person to be taken into emergency
[Title 70 RCW—page 307]
70.96B.060
Title 70 RCW: Public Health and Safety
custody in a secure detoxification facility for not more than
seventy-two hours as described in this chapter.
(3) If the designated crisis responder petitions for detention of a person whose actions constitute a likelihood of serious harm, or who is gravely disabled, the evaluation and
treatment facility, the secure detoxification facility, or other
certified chemical dependency provider providing seventytwo hour evaluation and treatment must immediately accept
on a provisional basis the petition and the person. The evaluation and treatment facility, the secure detoxification facility, or other certified chemical dependency provider shall
then evaluate the person’s condition and admit, detain, transfer, or discharge such person in accordance with this chapter.
The facility shall notify in writing the court and the designated crisis responder of the date and time of the initial detention of each person involuntarily detained so that a probable
cause hearing will be held no later than seventy-two hours
after detention.
(4) A peace officer may, without prior notice of the proceedings provided for in subsection (1) of this section, take or
cause the person to be taken into custody and immediately
delivered to an evaluation and treatment facility, secure
detoxification facility, other certified chemical dependency
treatment provider only pursuant to subsections (1)(d) and (2)
of this section.
(5) Nothing in this chapter limits the power of a peace
officer to take a person into custody and immediately deliver
the person to the emergency department of a local hospital or
to a detoxification facility. [2005 c 504 § 206.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96B.060
70.96B.060 Exemption from liability. (Expires July
1, 2008.) (1) A person or public or private entity employing
a person is not civilly or criminally liable for performing
duties under this chapter if the duties were performed in good
faith and without gross negligence.
(2) This section does not relieve a person from giving the
required notices under RCW 71.05.330(2) or
71.05.340(1)(b), or the duty to warn or to take reasonable
precautions to provide protection from violent behavior
where the patient has communicated an actual threat of physical violence against a reasonably identifiable victim or victims. The duty to warn or to take reasonable precautions to
provide protection from violent behavior is discharged if reasonable efforts are made to communicate the threat to the victim or victims and to law enforcement personnel. [2005 c
504 § 207.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96B.070
70.96B.070 Detention period for evaluation and
treatment. (Expires July 1, 2008.) If the evaluation and
treatment facility, secure detoxification facility, or other certified chemical dependency provider admits the person, it
[Title 70 RCW—page 308]
may detain the person for evaluation and treatment for a
period not to exceed seventy-two hours from the time of
acceptance. The computation of the seventy-two hour period
excludes Saturdays, Sundays, and holidays. [2005 c 504 §
208.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96B.080
70.96B.080 Detention for evaluation and treatment
of mental disorder—Chapter 71.05 RCW applies.
(Expires July 1, 2008.) Whenever any person is detained for
evaluation and treatment for a mental disorder under RCW
70.96B.050, chapter 71.05 RCW applies. [2005 c 504 § 209.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96B.090
70.96B.090 Procedures for additional chemical
dependency treatment. (Expires July 1, 2008.) (1) A person detained for seventy-two hour evaluation and treatment
under RCW 70.96B.050 or 70.96A.120 may be detained for
not more than fourteen additional days of involuntary chemical dependency treatment if there are beds available at the
secure detoxification facility and the following conditions are
met:
(a) The professional person in charge of the agency or
facility or the person’s designee providing evaluation and
treatment services in a secure detoxification facility has
assessed the person’s condition and finds that the condition is
caused by chemical dependency and either results in a likelihood of serious harm or in the detained person being gravely
disabled, and the professional person or his or her designee is
prepared to testify those conditions are met;
(b) The person has been advised of the need for voluntary treatment and the professional person in charge of the
agency or facility or his or her designee has evidence that he
or she has not in good faith volunteered for treatment; and
(c) The professional person in charge of the agency or
facility or the person’s designee has filed a petition for fourteen-day involuntary detention with the superior court, district court, or other court permitted by court rule. The petition must be signed by the chemical dependency professional
who has examined the person.
(2) The petition under subsection (1)(c) of this section
shall be accompanied by a certificate of a licensed physician
who has examined the person, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in the
petition. The certificate shall set forth the licensed physician’s findings in support of the allegations of the petition. A
physician employed by the petitioning program or the department is eligible to be the certifying physician.
(3) The petition shall state facts that support the finding
that the person, as a result of chemical dependency, presents
a likelihood of serious harm or is gravely disabled, and that
there are no less restrictive alternatives to detention in the
(2006 Ed.)
Integrated Crisis Response and Involuntary Treatment—Pilot Programs
best interest of the person or others. The petition shall state
specifically that less restrictive alternative treatment was considered and specify why treatment less restrictive than detention is not appropriate.
(4) A copy of the petition shall be served on the detained
person, his or her attorney, and his or her guardian or conservator, if any, before the probable cause hearing.
(5)(a) The court shall inform the person whose commitment is sought of his or her right to contest the petition, be
represented by counsel at every stage of any proceedings
relating to his or her commitment, and have counsel
appointed by the court or provided by the court, if he or she
wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance
of counsel, the court shall require, by appointment if necessary, counsel for him or her regardless of his or her wishes.
The person shall, if he or she is financially able, bear the costs
of such legal service; otherwise such legal service shall be at
public expense. The person whose commitment is sought
shall be informed of his or her right to be examined by a
licensed physician of his or her choice. If the person is
unable to obtain a licensed physician and requests examination by a physician, the court shall appoint a reasonably available licensed physician designated by the person.
(b) At the conclusion of the probable cause hearing, if
the court finds by a preponderance of the evidence that the
person, as the result of chemical dependency, presents a likelihood of serious harm or is gravely disabled and, after considering less restrictive alternatives to involuntary detention
and treatment, finds that no such alternatives are in the best
interest of such person or others, the court shall order that the
person be detained for involuntary chemical dependency
treatment not to exceed fourteen days in a secure detoxification facility. [2005 c 504 § 210.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96B.100
70.96B.100 Petition for additional treatment under
RCW 70.96A.140. (Expires July 1, 2008.) If a person is
detained for additional treatment beyond fourteen days under
RCW 70.96B.090, the professional staff of the agency or
facility may petition for additional treatment under RCW
70.96A.140. [2005 c 504 § 211.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96B.110
70.96B.110 Involuntary chemical dependency treatment proceedings—Prosecuting attorney shall represent
petitioner. (Expires July 1, 2008.) The prosecuting attorney
of the county in which an action under this chapter is taken
must represent the petitioner in judicial proceedings under
this chapter for the involuntary chemical dependency treatment of a person, including any judicial proceeding where the
person sought to be treated for chemical dependency challenges the action. [2005 c 504 § 212.]
(2006 Ed.)
70.96B.130
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96B.120
70.96B.120 Rights of involuntarily detained persons.
(Expires July 1, 2008.) (1) Every person involuntarily
detained or committed under this chapter as a result of a mental disorder is entitled to all the rights set forth in this chapter
and in chapter 71.05 RCW, and retains all rights not denied
him or her under this chapter or chapter 71.05 RCW.
(2) Every person involuntarily detained or committed
under this chapter as a result of a chemical dependency is
entitled to all the rights set forth in this chapter and chapter
70.96A RCW, and retains all rights not denied him or her
under this chapter or chapter 70.96A RCW. [2005 c 504 §
213.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96B.130
70 .96 B.1 30 Eva luatio n by designa te d c r isis
responder—When required—Required notifications.
(Expires July 1, 2008.) (1) When a designated crisis
responder is notified by a jail that a defendant or offender
who was subject to a discharge review under RCW 71.05.232
is to be released to the community, the designated crisis
responder shall evaluate the person within seventy-two hours
of release.
(2) When an offender is under court-ordered treatment in
the community and the supervision of the department of corrections, and the treatment provider becomes aware that the
person is in violation of the terms of the court order, the treatment provider shall notify the designated crisis responder of
the violation and request an evaluation for purposes of revocation of the less restrictive alternative.
(3) When a designated crisis responder becomes aware
that an offender who is under court-ordered treatment in the
community and the supervision of the department of corrections is in violation of a treatment order or a condition of
supervision that relates to public safety, or the designated crisis responder detains a person under this chapter, the designated crisis responder shall notify the person’s treatment provider and the department of corrections.
(4) When an offender who is confined in a state correctional facility or is under supervision of the department of
corrections in the community is subject to a petition for involuntary treatment under this chapter, the petitioner shall notify
the department of corrections and the department of corrections shall provide documentation of its risk assessment or
other concerns to the petitioner and the court if the department of corrections classified the offender as a high risk or
high needs offender.
(5) Nothing in this section creates a duty on any treatment provider or designated crisis responder to provide
offender supervision. [2005 c 504 § 214.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
[Title 70 RCW—page 309]
70.96B.140
Title 70 RCW: Public Health and Safety
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Chapter 70.96C RCW
SCREENING AND ASSESSMENT OF CHEMICAL
DEPENDENCY AND MENTAL DISORDERS
Chapter 70.96C
70.96B.140
70.96B.140 Secretary may adopt rules. (Expires July
1, 2008.) The secretary may adopt rules to implement this
chapter. [2005 c 504 § 215.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Sections
70.96C.010 Integrated, comprehensive screening and assessment process
for chemical dependency and mental disorders.
70.96C.020 Department of corrections—Use of screening and assessment
process.
70.96C.010
70.96B.900 Expiration date—2005 c 504 §§ 202-216.
Sections 202 through 216 of this act expire July 1, 2008.
[2005 c 504 § 219.]
70.96C.010 Integrated, comprehensive screening and
assessment process for chemical dependency and mental
disorders. (1) The department of social and health services,
in consultation with the members of the team charged with
developing the state plan for co-occurring mental and substance abuse disorders, shall adopt, not later than January 1,
2006, an integrated and comprehensive screening and assessment process for chemical dependency and mental disorders
and co-occurring chemical dependency and mental disorders.
(a) The process adopted shall include, at a minimum:
(i) An initial screening tool that can be used by intake
personnel system-wide and which will identify the most common types of co-occurring disorders;
(ii) An assessment process for those cases in which
assessment is indicated that provides an appropriate degree of
assessment for most situations, which can be expanded for
complex situations;
(iii) Identification of triggers in the screening that indicate the need to begin an assessment;
(iv) Identification of triggers after or outside the screening that indicate a need to begin or resume an assessment;
(v) The components of an assessment process and a protocol for determining whether part or all of the assessment is
necessary, and at what point; and
(vi) Emphasis that the process adopted under this section
is to replace and not to duplicate existing intake, screening,
and assessment tools and processes.
(b) The department shall consider existing models,
including those already adopted by other states, and to the
extent possible, adopt an established, proven model.
(c) The integrated, comprehensive screening and assessment process shall be implemented statewide by all chemical
dependency and mental health treatment providers as well as
all designated mental health professionals, designated chemical dependency specialists, and designated crisis responders
not later than January 1, 2007.
(2) The department shall provide adequate training to
effect statewide implementation by the dates designated in
this section and shall report the rates of co-occurring disorders and the stage of screening or assessment at which the cooccurring disorder was identified to the appropriate committees of the legislature.
(3) The department shall establish contractual penalties
to contracted treatment providers, the regional support networks, and their contracted providers for failure to implement
the integrated screening and assessment process by July 1,
2007. [2005 c 504 § 601.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96B.150
70.96B.150 Application of RCW 71.05.550. (Expires
July 1, 2008.) The provisions of *RCW 71.05.550 apply to
this chapter. [2005 c 504 § 216.]
*Reviser’s note: RCW 71.05.550 was repealed by 2006 c 333 § 401,
effective July 1, 2006.
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96B.800
70.96B.800 Evaluation of pilot programs. (1) The
Washington state institute for public policy shall evaluate the
pilot programs and make a preliminary report to appropriate
committees of the legislature by December 1, 2007, and a
final report by September 30, 2008.
(2) The evaluation of the pilot programs shall include:
(a) Whether the designated crisis responder pilot program:
(i) Has increased efficiency of evaluation and treatment
of persons involuntarily detained for seventy-two hours;
(ii) Is cost-effective;
(iii) Results in better outcomes for persons involuntarily
detained;
(iv) Increased the effectiveness of the crisis response
system in the pilot catchment areas;
(b) The effectiveness of providing a single chapter in the
Revised Code of Washington to address initial detention of
persons with mental disorders or chemical dependency, in
crisis response situations and the likelihood of effectiveness
of providing a single, comprehensive involuntary treatment
act.
(3) The reports shall consider the impact of the pilot programs on the existing mental health system and on the persons served by the system. [2005 c 504 § 217.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.96B.900
[Title 70 RCW—page 310]
(2006 Ed.)
Enhanced Services Facilities
70.96C.020
70.96C.020 Department of corrections—Use of
screening and assessment process. The department of corrections shall, to the extent that resources are available for
this purpose, utilize the integrated, comprehensive screening
and assessment process for chemical dependency and mental
disorders developed under RCW 70.96C.010. [2005 c 504 §
602.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Chapter 70.97
Chapter 70.97 RCW
ENHANCED SERVICES FACILITIES
Sections
70.97.010
70.97.020
70.97.030
70.97.040
70.97.050
70.97.060
70.97.070
70.97.080
70.97.090
70.97.100
70.97.110
70.97.120
70.97.130
70.97.140
70.97.150
70.97.160
70.97.170
70.97.180
70.97.190
70.97.200
70.97.210
70.97.220
70.97.230
70.97.010
Definitions.
Advance directives.
Admission criteria.
Rights of residents.
Right to refuse antipsychotic medication.
Capacity—Security—Licensing—Application of state and
local rules.
Comprehensive assessments—Individualized treatment plan.
Staffing levels—Staff credentials and training—Background
checks.
Facilities exempted.
Licensing requirements—Information available to public, residents, families.
Enforcement authority—Penalties, sanctions.
Enforcement orders—Hearings.
Unlicensed operation—Application of consumer protection
act.
Unlicensed operation—Criminal penalty.
Unlicensed operation—Injunction or other remedies.
Inspections.
Persons eligible for admittance.
Services of qualified professional.
Notice of change of ownership or management.
Recordkeeping—Compliance with state, federal regulations—
Health care information releases.
Standards for fire protection.
Exemption from liability.
Rules for implementation of chapter.
70.97.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Antipsychotic medications" means that class of
drugs primarily used to treat serious manifestations of mental
illness associated with thought disorders, which includes but
is not limited to atypical antipsychotic medications.
(2) "Attending staff" means any person on the staff of a
public or private agency having responsibility for the care
and treatment of a patient.
(3) "Chemical dependency" means alcoholism, drug
addiction, or dependence on alcohol and one or more other
psychoactive chemicals, as the context requires and as those
terms are defined in chapter 70.96A RCW.
(4) "Chemical dependency professional" means a person
certified as a chemical dependency professional by the
department of health under chapter 18.205 RCW.
(5) "Commitment" means the determination by a court
that an individual should be detained for a period of either
evaluation or treatment, or both, in an inpatient or a less
restrictive setting.
(2006 Ed.)
70.97.010
(6) "Conditional release" means a modification of a commitment that may be revoked upon violation of any of its
terms.
(7) "Custody" means involuntary detention under chapter 71.05 or 70.96A RCW, uninterrupted by any period of
unconditional release from commitment from a facility providing involuntary care and treatment.
(8) "Department" means the department of social and
health services.
(9) "Designated responder" means a designated mental
health professional, a designated chemical dependency specialist, or a designated crisis responder as those terms are
defined in chapter 70.96A, 71.05, or 70.96B RCW.
(10) "Detention" or "detain" means the lawful confinement of an individual under chapter 70.96A or 71.05 RCW.
(11) "Discharge" means the termination of facility
authority. The commitment may remain in place, be terminated, or be amended by court order.
(12) "Enhanced services facility" means a facility that
provides treatment and services to persons for whom acute
inpatient treatment is not medically necessary and who have
been determined by the department to be inappropriate for
placement in other licensed facilities due to the complex
needs that result in behavioral and security issues.
(13) "Expanded community services program" means a
nonsecure program of enhanced behavioral and residential
support provided to long-term and residential care providers
serving specifically eligible clients who would otherwise be
at risk for hospitalization at state hospital geriatric units.
(14) "Facility" means an enhanced services facility.
(15) "Gravely disabled" means a condition in which an
individual, as a result of a mental disorder, as a result of the
use of alcohol or other psychoactive chemicals, or both:
(a) Is in danger of serious physical harm resulting from a
failure to provide for his or her essential human needs of
health or safety; or
(b) Manifests severe deterioration in routine functioning
evidenced by repeated and escalating loss of cognitive or
volitional control over his or her actions and is not receiving
such care as is essential for his or her health or safety.
(16) "History of one or more violent acts" refers to the
period of time ten years before the filing of a petition under
this chapter, or chapter 70.96A or 71.05 RCW, excluding any
time spent, but not any violent acts committed, in a mental
health facility or a long-term alcoholism or drug treatment
facility, or in confinement as a result of a criminal conviction.
(17) "Licensed physician" means a person licensed to
practice medicine or osteopathic medicine and surgery in the
state of Washington.
(18) "Likelihood of serious harm" means:
(a) A substantial risk that:
(i) Physical harm will be inflicted by an individual upon
his or her own person, as evidenced by threats or attempts to
commit suicide or inflict physical harm on oneself;
(ii) Physical harm will be inflicted by an individual upon
another, as evidenced by behavior that has caused such harm
or that places another person or persons in reasonable fear of
sustaining such harm; or
(iii) Physical harm will be inflicted by an individual
upon the property of others, as evidenced by behavior that
[Title 70 RCW—page 311]
70.97.020
Title 70 RCW: Public Health and Safety
has caused substantial loss or damage to the property of others; or
(b) The individual has threatened the physical safety of
another and has a history of one or more violent acts.
(19) "Mental disorder" means any organic, mental, or
emotional impairment that has substantial adverse effects on
an individual’s cognitive or volitional functions.
(20) "Mental health professional" means a psychiatrist,
psychologist, psychiatric nurse, or social worker, and such
other mental health professionals as may be defined by rules
adopted by the secretary under the authority of chapter 71.05
RCW.
(21) "Professional person" means a mental health professional and also means a physician, registered nurse, and such
others as may be defined in rules adopted by the secretary
pursuant to the provisions of this chapter.
(22) "Psychiatrist" means a person having a license as a
physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the
American osteopathic association and is certified or eligible
to be certified by the American board of psychiatry and neurology.
(23) "Psychologist" means a person who has been
licensed as a psychologist under chapter 18.83 RCW.
(24) "Registration records" include all the records of the
department, regional support networks, treatment facilities,
and other persons providing services to the department,
county departments, or facilities which identify individuals
who are receiving or who at any time have received services
for mental illness.
(25) "Release" means legal termination of the commitment under chapter 70.96A or 71.05 RCW.
(26) "Resident" means a person admitted to an enhanced
services facility.
(27) "Secretary" means the secretary of the department
or the secretary’s designee.
(28) "Significant change" means:
(a) A deterioration in a resident’s physical, mental, or
psychosocial condition that has caused or is likely to cause
clinical complications or life-threatening conditions; or
(b) An improvement in the resident’s physical, mental,
or psychosocial condition that may make the resident eligible
for release or for treatment in a less intensive or less secure
setting.
(29) "Social worker" means a person with a master’s or
further advanced degree from an accredited school of social
work or a degree deemed equivalent under rules adopted by
the secretary.
(30) "Treatment" means the broad range of emergency,
detoxification, residential, inpatient, and outpatient services
and care, including diagnostic evaluation, mental health or
chemical dependency education and counseling, medical,
psychiatric, psychological, and social service care, vocational
rehabilitation, and career counseling, which may be extended
to persons with mental disorders, chemical dependency disorders, or both, and their families.
(31) "Treatment records" include registration and all
other records concerning individuals who are receiving or
who at any time have received services for mental illness,
which are maintained by the department, by regional support
[Title 70 RCW—page 312]
networks and their staffs, and by treatment facilities. "Treatment records" do not include notes or records maintained for
personal use by an individual providing treatment services
for the department, regional support networks, or a treatment
facility if the notes or records are not available to others.
(32) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property. [2005 c 504 § 403.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.020
70.97.020 Advance directives. A facility shall honor
an advance directive that was validly executed pursuant to
chapter 70.122 RCW and a mental health advance directive
that was validly executed pursuant to chapter 71.32 RCW.
[2005 c 504 § 404.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.030
70.97.030 Admission criteria. A person, eighteen
years old or older, may be admitted to an enhanced services
facility if he or she meets the criteria in subsections (1)
through (3) of this section:
(1) The person requires: (a) Daily care by or under the
supervision of a mental health professional, chemical dependency professional, or nurse; or (b) assistance with three or
more activities of daily living; and
(2) The person has: (a) A mental disorder, chemical
dependency disorder, or both; (b) an organic or traumatic
brain injury; or (c) a cognitive impairment that results in
symptoms or behaviors requiring supervision and facility services; [and]
(3) The person has two or more of the following:
(a) Self-endangering behaviors that are frequent or difficult to manage;
(b) Aggressive, threatening, or assaultive behaviors that
create a risk to the health or safety of other residents or staff,
or a significant risk to property and these behaviors are frequent or difficult to manage;
(c) Intrusive behaviors that put residents or staff at risk;
(d) Complex medication needs and those needs include
psychotropic medications;
(e) A history of or likelihood of unsuccessful placements
in either a licensed facility or other state facility or a history
of rejected applications for admission to other licensed facilities based on the person’s behaviors, history, or security
needs;
(f) A history of frequent or protracted mental health hospitalizations;
(g) A history of offenses against a person or felony
offenses that created substantial damage to property. [2005 c
504 § 405.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
(2006 Ed.)
Enhanced Services Facilities
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.040
70.97.040 Rights of residents. (1)(a) Every person who
is a resident of an enhanced services facility shall be entitled
to all the rights set forth in this chapter, and chapters 71.05
and 70.96A RCW, and shall retain all rights not denied him
or her under these chapters.
(b) No person shall be presumed incompetent as a consequence of receiving an evaluation or voluntary or involuntary
treatment for a mental disorder, chemical dependency disorder, or both, under this chapter, or chapter 71.05 or 70.96A
RCW, or any prior laws of this state dealing with mental illness. Competency shall not be determined or withdrawn
except under the provisions of chapter 10.77 or 11.88 RCW.
(c) At the time of his or her treatment planning meeting,
every resident of an enhanced services facility shall be given
a written statement setting forth the substance of this section.
The department shall by rule develop a statement and process
for informing residents of their rights in a manner that is
likely to be understood by the resident.
(2) Every resident of an enhanced services facility shall
have the right to adequate care and individualized treatment.
(3) The provisions of this chapter shall not be construed
to deny to any person treatment by spiritual means through
prayer in accordance with the tenets and practices of a church
or religious denomination.
(4) Persons receiving evaluation or treatment under this
chapter shall be given a reasonable choice of an available
physician or other professional person qualified to provide
such services.
(5) The physician-patient privilege or the psychologistclient privilege shall be deemed waived in proceedings under
this chapter relating to the administration of antipsychotic
medications. As to other proceedings under chapter 10.77,
70.96A, or 71.05 RCW, the privileges shall be waived when
a court of competent jurisdiction in its discretion determines
that such waiver is necessary to protect either the detained
person or the public.
(6) Insofar as danger to the person or others is not created, each resident of an enhanced services facility shall have,
in addition to other rights not specifically withheld by law,
the following rights, a list of which shall be prominently
posted in all facilities, institutions, and hospitals providing
such services:
(a) To wear his or her own clothes and to keep and use
his or her own personal possessions, except when deprivation
of same is essential to protect the safety of the resident or
other persons;
(b) To keep and be allowed to spend a reasonable sum of
his or her own money for canteen expenses and small purchases;
(c) To have access to individual storage space for his or
her private use;
(d) To have visitors at reasonable times;
(e) To have reasonable access to a telephone, both to
make and receive confidential calls, consistent with an effective treatment program;
(f) To have ready access to letter writing materials,
including stamps, and to send and receive uncensored correspondence through the mails;
(2006 Ed.)
70.97.060
(g) Not to consent to the administration of antipsychotic
medications beyond the hearing conducted pursuant to RCW
71.05.215 or 71.05.217, or the performance of electroconvulsant therapy, or surgery, except emergency life-saving surgery, unless ordered by a court under RCW 71.05.217;
(h) To discuss and actively participate in treatment plans
and decisions with professional persons;
(i) Not to have psychosurgery performed on him or her
under any circumstances;
(j) To dispose of property and sign contracts unless such
person has been adjudicated an incompetent in a court proceeding directed to that particular issue; and
(k) To complain about rights violations or conditions and
request the assistance of a mental health ombudsman or representative of Washington protection and advocacy. The
facility may not prohibit or interfere with a resident’s decision to consult with an advocate of his or her choice.
(7) Nothing contained in this chapter shall prohibit a resident from petitioning by writ of habeas corpus for release.
(8) Nothing in this section permits any person to knowingly violate a no-contact order or a condition of an active
judgment and sentence or active supervision by the department of corrections.
(9) A person has a right to refuse placement, except
where subject to commitment, in an enhanced services facility. No person shall be denied other department services
solely on the grounds that he or she has made such a refusal.
(10) A person has a right to appeal the decision of the
department that he or she is eligible for placement at an
enhanced services facility, and shall be given notice of the
right to appeal in a format that is accessible to the person with
instructions regarding what to do if the person wants to
appeal. [2005 c 504 § 406.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.050
70.97.050 Right to refuse antipsychotic medication.
A person who is gravely disabled or presents a likelihood of
serious harm as a result of a mental or chemical dependency
disorder or co-occurring mental and chemical dependency
disorders has a right to refuse antipsychotic medication.
Antipsychotic medication may be administered over the person’s objections only pursuant to RCW 71.05.215 or
71.05.217. [2005 c 504 § 407.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.060
70.97.060 Capacity—Security—Licensing—Application of state and local rules. (1)(a) The department shall
not license an enhanced services facility that serves any residents under sixty-five years of age for a capacity to exceed
sixteen residents.
(b) The department may contract for services for the
operation of enhanced services facilities only to the extent
that funds are specifically provided for that purpose.
[Title 70 RCW—page 313]
70.97.070
Title 70 RCW: Public Health and Safety
(2) The facility shall provide an appropriate level of
security for the characteristics, behaviors, and legal status of
the residents.
(3) An enhanced services facility may hold only one
license but, to the extent permitted under state and federal
law and medicaid requirements, a facility may be located in
the same building as another licensed facility, provided that:
(a) The enhanced services facility is in a location that is
totally separate and discrete from the other licensed facility;
and
(b) The two facilities maintain separate staffing, unless
an exception to this is permitted by the department in rule.
(4) Nursing homes under chapter 18.51 RCW, boarding
homes under chapter 18.20 RCW, or adult family homes
under chapter 70.128 RCW, that become licensed as facilities
under this chapter shall be deemed to meet the applicable
state and local rules, regulations, permits, and code requirements. All other facilities are required to meet all applicable
state and local rules, regulations, permits, and code requirements. [2005 c 504 § 408.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.070
70.97.070 Comprehensive assessments—Individualized treatment plan. (1) The enhanced services facility shall
complete a comprehensive assessment for each resident
within fourteen days of admission, and the assessments shall
be repeated upon a significant change in the resident’s condition or, at a minimum, every one hundred eighty days if there
is no significant change in condition.
(2) The enhanced services facility shall develop an individualized treatment plan for each resident based on the comprehensive assessment and any other information in the person’s record. The plan shall be updated as necessary, and
shall include a plan for appropriate transfer or discharge and
reintegration into the community. Where the person is under
the supervision of the department of corrections, the facility
shall collaborate with the department of corrections to maximize treatment outcomes and reduce the likelihood of reoffense.
(3) The plan shall maximize the opportunities for independence, recovery, employment, the resident’s participation
in treatment decisions, and collaboration with peer-supported
services, and provide for care and treatment in the least
restrictive manner appropriate to the individual resident, and,
where relevant, to any court orders with which the resident
must comply. [2005 c 504 § 409.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.080
70.97.080 Staffing levels—Staff credentials and
training—Background checks. (1) An enhanced services
facility must have sufficient numbers of staff with the appropriate credentials and training to provide residents with the
appropriate care and treatment:
[Title 70 RCW—page 314]
(a) Mental health treatment;
(b) Medication services;
(c) Assistance with the activities of daily living;
(d) Medical or habilitative treatment;
(e) Dietary services;
(f) Security; and
(g) Chemical dependency treatment.
(2) Where an enhanced services facility specializes in
medically fragile persons with mental disorders, the on-site
staff must include at least one licensed nurse twenty-four
hours per day. The nurse must be a registered nurse for at
least sixteen hours per day. If the nurse is not a registered
nurse, a registered nurse or a doctor must be on-call during
the remaining eight hours.
(3) Any employee or other individual who will have
unsupervised access to vulnerable adults must successfully
pass a background inquiry check. [2005 c 504 § 410.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.090
70.97.090 Facilities exempted. This chapter does not
apply to the following residential facilities:
(1) Nursing homes licensed under chapter 18.51 RCW;
(2) Boarding homes licensed under chapter 18.20 RCW;
(3) Adult family homes licensed under chapter 70.128
RCW;
(4) Facilities approved and certified under chapter
71A.22 RCW;
(5) Residential treatment facilities licensed under chapter 71.12 RCW; and
(6) Hospitals licensed under chapter 70.41 RCW. [2005
c 504 § 411.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.100
70.97.100 Licensing requirements—Information
available to public, residents, families. (1) The department
shall establish licensing rules for enhanced services facilities
to serve the populations defined in this chapter.
(2) No person or public or private agency may operate or
maintain an enhanced services facility without a license,
which must be renewed annually.
(3) A licensee shall have the following readily accessible
and available for review by the department, residents, families of residents, and the public:
(a) Its license to operate and a copy of the department’s
most recent inspection report and any recent complaint investigation reports issued by the department;
(b) Its written policies and procedures for all treatment,
care, and services provided directly or indirectly by the facility; and
(c) The department’s toll-free complaint number, which
shall also be posted in a clearly visible place and manner.
(2006 Ed.)
Enhanced Services Facilities
(4) Enhanced services facilities shall maintain a grievance procedure that meets the requirements of rules established by the department.
(5) No facility shall discriminate or retaliate in any manner against a resident or employee because the resident,
employee, or any other person made a complaint or provided
information to the department, the long-term care ombudsman, Washington protection and advocacy system, or a mental health ombudsperson.
(6) Each enhanced services facility will post in a prominent place in a common area a notice by the Washington protection and advocacy system providing contact information.
[2005 c 504 § 412.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.110
70.97.110 Enforcement authority—Penalties, sanctions. (1) In any case in which the department finds that a licensee of a facility, or any partner, officer, director, owner of
five percent or more of the assets of the facility, or managing
employee failed or refused to comply with the requirements
of this chapter or the rules established under them, the department may take any or all of the following actions:
(a) Suspend, revoke, or refuse to issue or renew a
license;
(b) Order stop placement; or
(c) Assess civil monetary penalties.
(2) The department may suspend, revoke, or refuse to
renew a license, assess civil monetary penalties, or both, in
any case in which it finds that the licensee of a facility, or any
partner, officer, director, owner of five percent or more of the
assets of the facility, or managing employee:
(a) Operated a facility without a license or under a
revoked or suspended license;
(b) Knowingly or with reason to know made a false
statement of a material fact in the license application or any
data attached thereto, or in any matter under investigation by
the department;
(c) Refused to allow representatives or agents of the
department to inspect all books, records, and files required to
be maintained or any portion of the premises of the facility;
(d) Willfully prevented, interfered with, or attempted to
impede in any way the work of any duly authorized representative of the department and the lawful enforcement of any
provision of this chapter;
(e) Willfully prevented or interfered with any representative of the department in the preservation of evidence of any
violation of any of the provisions of this chapter or of the
rules adopted under it; or
(f) Failed to pay any civil monetary penalty assessed by
the
department under this chapter within ten days after the
assessment becomes final.
(3)(a) Civil penalties collected under this chapter shall be
deposited into a special fund administered by the department.
(b) Civil monetary penalties, if imposed, may be
assessed and collected, with interest, for each day the facility
is or was out of compliance. Civil monetary penalties shall
(2006 Ed.)
70.97.120
not exceed three thousand dollars per day. Each day upon
which the same or a substantially similar action occurs is a
separate violation subject to the assessment of a separate penalty.
(4) The department may use the civil penalty monetary
fund for the protection of the health or property of residents
of facilities found to be deficient including:
(a) Payment for the cost of relocation of residents to
other facilities;
(b) Payment to maintain operation of a facility pending
correction of deficiencies or closure; and
(c) Reimbursement of a resident for personal funds or
property loss.
(5)(a) The department may issue a stop placement order
on a facility, effective upon oral or written notice, when the
department determines:
(i) The facility no longer substantially meets the requirements of this chapter; and
(ii) The deficiency or deficiencies in the facility:
(A) Jeopardizes the health and safety of the residents; or
(B) Seriously limits the facility’s capacity to provide
adequate care.
(b) When the department has ordered a stop placement,
the
department may approve a readmission to the facility from a
hospital, residential treatment facility, or crisis intervention
facility when the department determines the readmission
would be in the best interest of the individual seeking readmission.
(6) If the department determines that an emergency
exists and resident health and safety is immediately jeopardized as a result of a facility’s failure or refusal to comply
with this chapter, the department may summarily suspend the
facility’s license and order the immediate closure of the facility, or the immediate transfer of residents, or both.
(7) If the department determines that the health or safety
of the residents is immediately jeopardized as a result of a
facility’s failure or refusal to comply with requirements of
this chapter, the department may appoint temporary management to:
(a) Oversee the operation of the facility; and
(b) Ensure the health and safety of the facility’s residents
while:
(i) Orderly closure of the facility occurs; or
(ii) The deficiencies necessitating temporary management are corrected. [2005 c 504 § 413.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.120
70.97.120 Enforcement orders—Hearings. (1) All
orders of the department denying, suspending, or revoking
the license or assessing a monetary penalty shall become
final twenty days after the same has been served upon the
applicant or licensee unless a hearing is requested.
(2) All orders of the department imposing stop placement, temporary management, emergency closure, emergency transfer, or summary license suspension shall be effective immediately upon notice, pending any hearing.
[Title 70 RCW—page 315]
70.97.130
Title 70 RCW: Public Health and Safety
(3) Subject to the requirements of subsection (2) of this
section, all hearings under this chapter and judicial review of
such determinations shall be in accordance with the administrative procedure act, chapter 34.05 RCW. [2005 c 504 §
414.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.130
70.97.130 Unlicensed operation—Application of consumer protection act. Operation of a facility without a
license in violation of this chapter and discrimination against
medicaid recipients is a matter vitally affecting the public
interest for the purpose of applying the consumer protection
act, chapter 19.86 RCW. Operation of an enhanced services
facility without a license in violation of this chapter is not
reasonable in relation to the development and preservation of
business. Such a violation is an unfair or deceptive act in
trade or commerce and an unfair method of competition for
the purpose of applying the consumer protection act, chapter
19.86 RCW. [2005 c 504 § 415.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
ter and applicable rules, and to enforce any provision of this
chapter. Complaint inspections shall be unannounced and
conducted in such a manner as to ensure maximum effectiveness. No advance notice shall be given of any inspection
unless authorized or required by federal law.
(3) During inspections, the facility must give the department access to areas, materials, and equipment used to provide care or support to residents, including resident and staff
records, accounts, and the physical premises, including the
buildings, grounds, and equipment. The department has the
authority to privately interview the provider, staff, residents,
and other individuals familiar with resident care and treatment.
(4) Any public employee giving advance notice of an
inspection in violation of this section shall be suspended from
all duties without pay for a period of not less than five nor
more than fifteen days.
(5) The department shall prepare a written report
describing the violations found during an inspection, and
shall provide a copy of the inspection report to the facility.
(6) The facility shall develop a written plan of correction
for any violations identified by the department and provide a
plan of correction to the department within ten working days
from the receipt of the inspection report. [2005 c 504 § 418.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.140
70.97.140 Unlicensed operation—Criminal penalty.
A person operating or maintaining a facility without a license
under this chapter is guilty of a misdemeanor and each day of
a continuing violation after conviction shall be considered a
separate offense. [2005 c 504 § 416.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.150
70.97.150 Unlicensed operation—Injunction or other
remedies. Notwithstanding the existence or use of any other
remedy, the department may, in the manner provided by law,
maintain an action in the name of the state for an injunction,
civil penalty, or other process against a person to restrain or
prevent the operation or maintenance of a facility without a
license issued under this chapter. [2005 c 504 § 417.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.160
70.97.160 Inspections. (1) The department shall make
or cause to be made at least one inspection of each facility
prior to licensure and an unannounced full inspection of facilities at least once every eighteen months. The statewide average interval between full facility inspections must be fifteen
months.
(2) Any duly authorized officer, employee, or agent of
the department may enter and inspect any facility at any time
to determine that the facility is in compliance with this chap[Title 70 RCW—page 316]
70.97.170
70.97.170 Persons eligible for admittance. The facility shall only admit individuals:
(1) Who are over the age of eighteen;
(2) Who meet the resident eligibility requirements
described in RCW 70.97.030; and
(3) Whose needs the facility can safely and appropriately
meet through qualified and trained staff, services, equipment,
security, and building design. [2005 c 504 § 419.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.180
70.97.180 Services of qualified professional. If the
facility does not employ a qualified professional able to furnish needed services, the facility must have a written contract
with a qualified professional or agency outside the facility to
furnish the needed services. [2005 c 504 § 420.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.190
70.97.190 Notice of change of ownership or management. At least sixty days before the effective date of any
change of ownership, or change of management of a facility,
the current operating entity must provide written notification
about the proposed change separately and in writing, to the
department, each resident of the facility, or the resident’s
guardian or representative. [2005 c 504 § 421.]
(2006 Ed.)
Nuclear Energy and Radiation
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.200
70.97.200 Recordkeeping—Compliance with state,
federal regulations—Health care information releases.
The facility shall:
(1) Maintain adequate resident records to enable the provision of necessary treatment, care, and services and to
respond appropriately in emergency situations;
(2) Comply with all state and federal requirements
related to documentation, confidentiality, and information
sharing, including chapters 10.77, 70.02, 70.24, 70.96A, and
71.05 RCW; and
(3) Where possible, obtain signed releases of information designating the department, the facility, and the department of corrections where the person is under its supervision,
as recipients of health care information. [2005 c 504 § 422.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.210
70.97.210 Standards for fire protection. (1) Standards
for fire protection and the enforcement thereof, with respect
to all facilities licensed under this chapter, are the responsibility of the chief of the Washington state patrol, through the
director of fire protection, who must adopt recognized standards as applicable to facilities for the protection of life
against the cause and spread of fire and fire hazards. If the
facility to be licensed meets with the approval of the chief of
the Washington state patrol, through the director of fire protection, the director of fire protection must submit to the
department a written report approving the facility with
respect to fire protection before a full license can be issued.
The chief of the Washington state patrol, through the director
of fire protection, shall conduct an unannounced full inspection of facilities at least once every eighteen months. The
statewide average interval between full facility inspections
must be fifteen months.
(2) Inspections of facilities by local authorities must be
consistent with the requirements adopted by the chief of the
Washington state patrol, through the director of fire protection. Findings of a serious nature must be coordinated with
the department and the chief of the Washington state patrol,
through the director of fire protection, for determination of
appropriate actions to ensure a safe environment for residents. The chief of the Washington state patrol, through the
director of fire protection, has exclusive authority to determine appropriate corrective action under this section. [2005
c 504 § 423.]
Chapter 70.98
or agency licensing or placing residents in a facility, acting in
the course of its duties, shall be civilly or criminally liable for
performing its duties under this chapter, provided that such
duties were performed in good faith and without gross negligence. [2005 c 504 § 424.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
70.97.230
70.97.230 Rules for implementation of chapter. (1)
The secretary shall adopt rules to implement this chapter.
(2) Such rules shall at the minimum: (a) Promote safe
treatment and necessary care of individuals residing in the
facility and provide for safe and clean conditions; (b) establish licensee qualifications, licensing and enforcement, and
license fees sufficient to cover the cost of licensing and
enforcement. [2005 c 504 § 425.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Chapter 70.98
Chapter 70.98 RCW
NUCLEAR ENERGY AND RADIATION
Sections
70.98.010
70.98.020
70.98.030
70.98.050
70.98.080
70.98.085
70.98.090
70.98.095
70.98.098
70.98.100
70.98.110
70.98.120
70.98.122
70.98.125
70.98.130
70.98.140
70.98.150
70.98.160
70.98.170
70.98.180
70.98.190
70.98.200
70.98.900
70.98.910
70.98.920
Declaration of policy.
Purpose.
Definitions.
State radiation control agency.
Rules and regulations—Licensing requirements and procedure—Notice of license application—Objections—Notice
upon granting of license—Registration of sources of ionizing radiation—Exemptions from registration or licensing.
Suspension and reinstatement of site use permits—Surveillance fee.
Inspection.
Financial assurance—Noncompliance.
Financial assurance—Generally.
Records.
Federal-state agreements—Authorized—Effect as to federal
licenses.
Inspection agreements and training programs.
Department of ecology to seek federal funding for environmental radiation monitoring.
Federal assistance to be sought for high-level radioactive
waste program.
Administrative procedure.
Injunction proceedings.
Prohibited uses.
Impounding of materials.
Prohibition—Fluoroscopic X-ray shoefitting devices.
Exemptions.
Professional uses.
Penalties.
Severability—1961 c 207.
Effective date—1961 c 207.
Section headings not part of law.
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Reviser’s note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Nuclear, thermal power facilities, joint city, public utility district, electrical
companies development: Chapter 54.44 RCW.
70.97.220
70.97.220 Exemption from liability. No facility providing care and treatment for individuals placed in a facility,
(2006 Ed.)
Radioactive and hazardous waste emergency response programs, state coordinator: RCW 38.52.030.
Radioactive waste act: Chapter 43.200 RCW.
[Title 70 RCW—page 317]
70.98.010
Title 70 RCW: Public Health and Safety
70.98.010
70.98.010 Declaration of policy. It is the policy of the
state of Washington in furtherance of its responsibility to protect the public health and safety and to encourage, insofar as
consistent with this responsibility, the industrial and economic growth of the state and to institute and maintain a regulatory and inspection program for sources and uses of ionizing radiation so as to provide for (1) compatibility with the
standards and regulatory programs of the federal government, (2) a single, effective system of regulation within the
state, and (3) a system consonant insofar as possible with
those of other states. [1975-’76 2nd ex.s. c 108 § 12; 1961 c
207 § 1.]
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
70.98.020
70.98.020 Purpose. It is the purpose of this chapter to
effectuate the policies set forth in RCW 70.98.010 as now or
hereafter amended by providing for:
(1) A program of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety;
(2) A program to promote an orderly regulatory pattern
within the state, among the states and between the federal
government and the state and facilitate intergovernmental
cooperation with respect to use and regulation of sources of
ionizing radiation to the end that duplication of regulation
may be minimized;
(3) A program to establish procedures for assumption
and performance of certain regulatory responsibilities with
respect to byproduct, source, and special nuclear materials.
[1975-’76 2nd ex.s. c 108 § 13; 1965 c 88 § 1; 1961 c 207 §
2.]
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
70.98.030
70.98.030 Definitions. (1) "Byproduct material" means
any radioactive material (except special nuclear material)
yielded in or made radioactive by exposure to the radiation
incident to the process of producing or utilizing special
nuclear material.
(2) "Ionizing radiation" means gamma rays and x-rays,
alpha and beta particles, high-speed electrons, neutrons, protons, and other atomic or subatomic particles; but not sound
or radio waves, or visible, infrared, or ultraviolet light.
(3)(a) "General license" means a license effective pursuant to rules promulgated by the state radiation control agency,
without the filing of an application, to transfer, acquire, own,
possess, or use quantities of, or devices or equipment utilizing, byproduct, source, special nuclear materials, or other
radioactive material occurring naturally or produced artificially.
(b) "Specific license" means a license, issued after application to use, manufacture, produce, transfer, receive,
acquire, own, or possess quantities of, or devices or equipment utilizing byproduct, source, special nuclear materials,
or other radioactive materials occurring naturally or produced
artificially.
(4) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any
other state or political subdivision or agency thereof, and any
[Title 70 RCW—page 318]
legal successor, representative, agent, or agency of the foregoing, other than the United States Atomic Energy Commission, or any successor thereto, and other than federal government agencies licensed by the United States Atomic Energy
Commission, or any successor thereto.
(5) "Source material" means (a) uranium, thorium, or
any other material which is determined by the United States
Nuclear Regulatory Commission or its successor pursuant to
the provisions of section 61 of the United States Atomic
Energy Act of 1954, as amended (42 U.S.C. Sec. 209) to be
source material; or (b) ores containing one or more of the
foregoing materials, in such concentration as the commission
may by regulation determine from time to time.
(6) "Special nuclear material" means (a) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and
any other material which the United States Nuclear Regulatory Commission or its successor, pursuant to the provisions
of section 51 of the United States Atomic Energy Act of
1954, as amended (42 U.S.C. Sec. 2071), determines to be
special nuclear material, but does not include source material;
or (b) any material artificially enriched by any of the foregoing, but does not include source material.
(7) "Registration" means registration with the state
department of health by any person possessing a source of
ionizing radiation in accordance with rules adopted by the
department of health.
(8) "Radiation source" means any type of device or substance which is capable of producing or emitting ionizing
radiation. [1991 c 3 § 355; 1983 1st ex.s. c 19 § 9; 1979 c 141
§ 125; 1965 c 88 § 2; 1961 c 207 § 3.]
Construction—Conflict with federal requirements—Severability—
1983 1st ex.s. c 19: See RCW 43.200.900 through 43.200.902.
70.98.050
70.98.050 State radiation control agency. (1) The
department of health is designated as the state radiation control agency, hereinafter referred to as the agency, and shall be
the state agency having sole responsibility for administration
of the regulatory, licensing, and radiation control provisions
of this chapter.
(2) The secretary of health shall be director of the
agency, hereinafter referred to as the secretary, who shall perform the functions vested in the agency pursuant to the provisions of this chapter.
(3) The agency shall appoint a state radiological control
officer, and in accordance with the laws of the state, fix his
compensation and prescribe his powers and duties.
(4) The agency shall for the protection of the occupational and public health and safety:
(a) Develop programs for evaluation of hazards associated with use of ionizing radiation;
(b) Develop a statewide radiological baseline beginning
with the establishment of a baseline for the Hanford reservation;
(c) Implement an independent statewide program to
monitor ionizing radiation emissions from radiation sources
within the state;
(d) Develop programs with due regard for compatibility
with federal programs for regulation of byproduct, source,
and special nuclear materials;
(e) Conduct environmental radiation monitoring programs which will determine the presence and significance of
(2006 Ed.)
Nuclear Energy and Radiation
radiation in the environment and which will verify the adequacy and accuracy of environmental radiation monitoring
programs conducted by the federal government at its installations in Washington and by radioactive materials licensees at
their installations;
(f) Formulate, adopt, promulgate, and repeal codes, rules
and regulations relating to control of sources of ionizing radiation;
(g) Advise, consult, and cooperate with other agencies of
the state, the federal government, other states and interstate
agencies, political subdivisions, and with groups concerned
with control of sources of ionizing radiation;
(h) Have the authority to accept and administer loans,
grants, or other funds or gifts, conditional or otherwise, in
furtherance of its functions, from the federal government and
from other sources, public or private;
(i) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to
control of sources of ionizing radiation, including the collection of statistical data and epidemiological research, where
available, on diseases that result from exposure to sources of
ionizing radiation;
(j) Collect and disseminate information relating to control of sources of ionizing radiation; including:
(i) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;
(ii) Maintenance of a file of registrants possessing
sources of ionizing radiation requiring registration under the
provisions of this chapter and any administrative or judicial
action pertaining thereto; and
(iii) Maintenance of a file of all rules and regulations
relating to regulation of sources of ionizing radiation, pending or promulgated, and proceedings thereon;
(k) Collect and disseminate information relating to nonionizing radiation, including:
(i) Maintaining a state clearinghouse of information pertaining to sources and effects of nonionizing radiation with
an emphasis on electric and magnetic fields;
(ii) Maintaining current information on the status and
results of studies pertaining to health effects resulting from
exposure to nonionizing radiation with an emphasis on studies pertaining to electric and magnetic fields;
(iii) Serving as the lead state agency on matters pertaining to electric and magnetic fields and periodically informing
state agencies of relevant information pertaining to nonionizing radiation;
(l) In connection with any adjudicative proceeding as
defined by RCW 34.05.010 or any other administrative proceedings as provided for in this chapter, have the power to
issue subpoenas in order to compel the attendance of necessary witnesses and/or the production of records or documents.
(5) In order to avoid duplication of efforts, the agency
may acquire the data requested under this section from public
and private entities that possess this information. [1990 c 173
§ 2; 1989 c 175 § 132; 1985 c 383 § 1; 1985 c 372 § 1; 1971
ex.s. c 189 § 10; 1970 ex.s. c 18 § 16; 1965 c 88 § 3; 1961 c
207 § 5.]
Finding—1990 c 173: "The legislature finds that concern has been
raised over possible health effects resulting from exposure to nonionizing
(2006 Ed.)
70.98.080
radiation, and specifically exposure to electric and magnetic fields. The legislature further finds that there is no clear responsibility in state government
for following this issue and that this responsibility is best suited for the
department of health." [1990 c 173 § 1.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1985 c 372: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 372 § 5.]
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
70.98.080
70.98.080 Rules and regulations—Licensing requirements and procedure—Notice of license application—
Objections—Notice upon granting of license—Registration of sources of ionizing radiation—Exemptions from
registration or licensing. (1) The agency shall provide by
rule or regulation for general or specific licensing of byproduct, source, special nuclear materials, or devices or equipment utilizing such materials, or other radioactive material
occurring naturally or produced artificially. Such rule or regulation shall provide for amendment, suspension, or revocation of licenses. Such rule or regulation shall provide that:
(a) Each application for a specific license shall be in
writing and shall state such information as the agency, by rule
or regulation, may determine to be necessary to decide the
technical, insurance, and financial qualifications, or any other
qualification of the applicant as the agency may deem reasonable and necessary to protect the occupational and public
health and safety. The agency may at any time after the filing
of the application, and before the expiration of the license,
require further written statements and shall make such
inspections as the agency deems necessary in order to determine whether the license should be granted or denied or
whether the license should be modified, suspended, or
revoked. In no event shall the agency grant a specific license
to any applicant who has never possessed a specific license
issued by a recognized state or federal authority until the
agency has conducted an inspection which insures that the
applicant can meet the rules, regulations and standards
adopted pursuant to this chapter. All applications and statements shall be signed by the applicant or licensee. The
agency may require any applications or statements to be
made under oath or affirmation;
(b) Each license shall be in such form and contain such
terms and conditions as the agency may by rule or regulation
prescribe;
(c) No license issued under the authority of this chapter
and no right to possess or utilize sources of ionizing radiation
granted by any license shall be assigned or in any manner disposed of; and
(d) The terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules, regulations or orders issued in accordance with the provisions of
this chapter.
(2) Before the agency issues a license to an applicant
under this section, it shall give notice of such application to
the chief executive officer of the incorporated city or town, if
the application is for a license within an incorporated city or
town, or to the county legislative authority, if the application
is for a license outside the boundaries of incorporated cities
or towns. The incorporated city or town, through the official
[Title 70 RCW—page 319]
70.98.085
Title 70 RCW: Public Health and Safety
or employee selected by it, or the county legislative authority
or the official or employee selected by it, shall have the right
to file with the agency within twenty days after date of transmittal of such notice, written objections against the applicant
or against the activity for which the license is sought, and
shall include with such objections a statement of all facts
upon which such objections are based, and in case written
objections are filed, may request and the agency may in its
discretion hold a formal hearing under chapter 34.05 RCW.
Upon the granting of a license under this section the agency
shall send a duplicate of the license or written notification to
the chief executive officer of the incorporated city or town in
which the license is granted, or to the county legislative
authority if the license is granted outside the boundaries of
incorporated cities or towns.
This subsection shall not apply to activities conducted
within the boundaries of the Hanford reservation.
(3) The agency may require registration of all sources of
ionizing radiation.
(4) The agency may exempt certain sources of ionizing
radiation or kinds of uses or users from the registration or
licensing requirements set forth in this section when the
agency makes a finding after approval of the technical advisory board that the exemption of such sources of ionizing
radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public.
(5) In promulgating rules and regulations pursuant to this
chapter the agency shall, insofar as practical, strive to avoid
requiring dual licensing, and shall provide for such recognition of other state or federal licenses as the agency shall deem
desirable, subject to such registration requirements as the
agency may prescribe. [1984 c 96 § 1; 1965 c 88 § 5; 1961 c
207 § 8.]
70.98.085
70.98.085 Suspension and reinstatement of site use
permits—Surveillance fee. (1) The agency is empowered to
suspend and reinstate site use permits consistent with current
regulatory practices and in coordination with the department
of ecology, for generators, packagers, or brokers using the
Hanford low-level radioactive waste disposal facility.
(2) The agency shall collect a surveillance fee as an
added charge on each cubic foot of low level radioactive
waste disposed of at the disposal site in this state which shall
be set at a level that is sufficient to fund completely the radiation control activities of the agency directly related to the
disposal site, including but not limited to the management,
licensing, monitoring, and regulation of the site. The surveillance fee shall not exceed five percent in 1990, six percent in
1991, and seven percent in 1992 of the basic minimum fee
charged by an operator of a low-level radioactive waste disposal site in this state. The basic minimum fee consists of the
disposal fee for the site operator, the fee for the perpetual care
and maintenance fund administered by the state, the fee for
the state closure fund, and the tax collected pursuant to chapter 82.04 RCW. Site use permit fees and surcharges collected
under chapter 43.200 RCW are not part of the basic minimum
fee. The fee shall also provide funds to the Washington state
patrol for costs incurred from inspection of low-level radioactive waste shipments entering this state. Disbursements for
this purpose shall be by authorization of the secretary of the
department of health or the secretary’s designee.
[Title 70 RCW—page 320]
The agency may adopt such rules as are necessary to
carry out its responsibilities under this section. [1990 c 21 §
7; 1989 c 106 § 1; 1986 c 2 § 2; 1985 c 383 § 3.]
Issuance of site use permits: RCW 43.200.080.
70.98.090
70.98.090 Inspection. The agency or its duly authorized representative shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with
or violation of the provisions of this chapter and rules and
regulations issued thereunder. [1985 c 372 § 2; 1961 c 207 §
9.]
Severability—1985 c 372: See note following RCW 70.98.050.
70.98.095
70.98.095 Financial assurance—Noncompliance. (1)
The radiation control agency may require any person who
applies for, or holds, a license under this chapter to demonstrate that the person has financial assurance sufficient to
assure that liability incurred as a result of licensed operations
and activities can be fully satisfied. Financial assurance may
be in the form of insurance, cash deposits, surety bonds, corporate guarantees, letters of credit, or other financial instruments or guarantees determined by the agency to be acceptable financial assurance. The agency may require financial
assurance in an amount determined by the secretary pursuant
to RCW 70.98.098.
(2) The radiation control agency shall refuse to issue a
license or permit or suspend the license or permit of any person required by this section to demonstrate financial assurance who fails to demonstrate compliance with this section.
The license or permit shall not be issued or reinstated until
the person demonstrates compliance with this section.
(3) The radiation control agency shall require (a) that any
person required to demonstrate financial assurance, maintain
with the agency current copies of any insurance policies, certificates of insurance, letters of credit, surety bonds, or any
other documents used to comply with this section, (b) that the
agency be notified of any changes in the financial assurance
or financial condition of the person, and (c) that the state be
named as an insured party on any insurance policy used to
comply with this section. [1992 c 61 § 3; 1990 c 82 § 4; 1986
c 191 § 3.]
Construction—Severability—1986 c 191: See RCW 43.200.905 and
43.200.906.
70.98.098
70.98.098 Financial assurance—Generally. (1) In
making the determination of the appropriate level of financial
assurance, the secretary shall consider: (a) The report prepared by the department of ecology pursuant to RCW
43.200.200; (b) the potential cost of decontamination, treatment, disposal, decommissioning, and cleanup of facilities or
equipment; (c) federal cleanup and decommissioning
requirements; and (d) the legal defense cost, if any, that might
be paid from the required financial assurance.
(2) The secretary may establish different levels of
required financial assurance for various classes of permit or
license holders.
(3) The secretary shall establish by rule the instruments
or mechanisms by which a person may demonstrate financial
assurance as required by RCW 70.98.095.
(2006 Ed.)
Nuclear Energy and Radiation
(4) To the extent that money in the site closure account
together with the amount of money identified for repayment
to the site closure account pursuant to RCW 43.200.080
equals or exceeds the cost estimate approved by the department of health for closure and decommissioning of the Hanford low-level radioactive waste disposal facility, the money
in the site closure account together with the amount of money
identified for repayment to the site closure account shall constitute adequate financial assurance for purposes of the
department of health financial assurance requirements under
RCW 70.98.095. [2003 1st sp.s. c 21 § 2; 1992 c 61 § 4; 1990
c 82 § 3.]
70.98.140
70.98.122
70.98.122 Department of ecology to seek federal
funding for environmental radiation monitoring. The
department of ecology shall seek federal funding, such as is
available under the clean air act (42 U.S.C. Sec. 1857 et seq.)
and the nuclear waste policy act (42 U.S.C. Sec. 10101 et
seq.) to carry out the purposes of *RCW 70.98.050(4)(c).
[1985 c 372 § 3.]
*Reviser’s note: The subparagraph "(c)" in this reference has been
redesignated "(c)[(e)]" in the published version of RCW 70.98.050.
Severability—1985 c 372: See note following RCW 70.98.050.
70.98.125
70.98.100
70.98.100 Records. (1) The agency shall require each
person who possesses or uses a source of ionizing radiation to
maintain necessary records relating to its receipt, use, storage, transfer, or disposal and such other records as the agency
may require which will permit the determination of the extent
of occupational and public exposure from the radiation
source. Copies of these records shall be submitted to the
agency on request. These requirements are subject to such
exemptions as may be provided by rules.
(2) The agency may by rule and regulation establish
standards requiring that personnel monitoring be provided for
any employee potentially exposed to ionizing radiation and
may provide for the reporting to any employee of his radiation exposure record. [1961 c 207 § 10.]
70.98.125 Federal assistance to be sought for highlevel radioactive waste program. (1) The agency shall seek
federal financial assistance as authorized by the nuclear
waste policy act of 1982, P.L. 97-425 section 116(c), for
activities related to the high-level radioactive waste program
in the state of Washington. The activities for which federal
funding is sought shall include, but are not limited to, the
development of a radiological baseline for the Hanford reservation; the implementation of a program to monitor ionizing
radiation emissions on the Hanford reservation; the collection
of statistical data and epidemiological research, where available, on diseases that result from exposure to sources of ionizing radiation on the Hanford reservation.
(2) In the event the federal government refuses to grant
financial assistance for the activities under subsection (1) of
this section, the agency is directed to investigate potential
legal action. [1985 c 383 § 2.]
70.98.110
70.98.110 Federal-state agreements—Authorized—
Effect as to federal licenses. (1) The governor, on behalf of
this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of
the federal government’s responsibilities with respect to
sources of ionizing radiation and the assumption thereof by
this state pursuant to this chapter.
(2) Any person who, on the effective date of an agreement under subsection (1) above, possesses a license issued
by the federal government shall be deemed to possess the
same pursuant to a license issued under this chapter which
shall expire either ninety days after the receipt from the state
radiation control agency of a notice of expiration of such
license or on the date of expiration specified in the federal
license, whichever is earlier. [1965 c 88 § 6; 1961 c 207 §
11.]
70.98.130
70.98.130 Administrative procedure. In any proceeding under this chapter for the issuance or modification or
repeal of rules relating to control of sources of ionizing radiation, the agency shall comply with the requirements of chapter 34.05 RCW, the Administrative Procedure Act.
Notwithstanding any other provision of this chapter,
whenever the agency finds that an emergency exists requiring
immediate action to protect the public health, safety, or general welfare, the agency may, in accordance with RCW
34.05.350 without notice or hearing, adopt a rule reciting the
existence of such emergency and require that such action be
taken as is necessary to meet the emergency. As specified in
RCW 34.05.350, such rules are effective immediately. [1989
c 175 § 133; 1961 c 207 § 13.]
Effective date—1989 c 175: See note following RCW 34.05.010.
70.98.120
70.98.120 Inspection agreements and training programs. (1) The agency is authorized to enter into an agreement or agreements with the federal government, other states,
or interstate agencies, whereby this state will perform on a
cooperative basis with the federal government, other states,
or interstate agencies, inspections or other functions relating
to control of sources of ionizing radiation.
(2) The agency may institute training programs for the
purpose of qualifying personnel to carry out the provisions of
this chapter and may make said personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the
purposes of this chapter. [1961 c 207 § 12.]
(2006 Ed.)
70.98.140
70.98.140 Injunction proceedings. Notwithstanding
the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any
provision of this chapter, or any rule, regulation, or order
issued thereunder, the attorney general upon the request of
the agency, after notice to such person and opportunity to
comply, may make application to the appropriate court for an
order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the agency that such
person has engaged in, or is about to engage in, any such acts
or practices, a permanent or temporary injunction, restraining
order, or other order may be granted. [1961 c 207 § 14.]
[Title 70 RCW—page 321]
70.98.150
Title 70 RCW: Public Health and Safety
70.98.150
70.98.150 Prohibited uses. It shall be unlawful for any
person to use, manufacture, produce, transport, transfer,
receive, acquire, own, or possess any source of ionizing radiation unless licensed by or registered with, or exempted by
the agency in accordance with the provisions of this chapter.
[1965 c 88 § 7; 1961 c 207 § 15.]
70.98.910 Effective date—1961 c 207. The provisions
of this act relating to the control of byproduct, source and
special nuclear materials shall become effective on the effective date of the agreement between the federal government
and this state as authorized in RCW 70.98.110. All other provisions of this act shall become effective on the 30th day of
June, 1961. [1961 c 207 § 23.]
70.98.910
70.98.160
70.98.160 Impounding of materials. The agency shall
have the authority in the event of an emergency to impound
or order the impounding of sources of ionizing radiation in
the possession of any person who is not equipped to observe
or fails to observe the provisions of this chapter or any rules
or regulations issued thereunder. [1961 c 207 § 16.]
70.98.920 Section headings not part of law. Section
headings as used in this chapter do not constitute any part of
the law. [1961 c 207 § 25.]
70.98.920
Chapter 70.99 RCW
RADIOACTIVE WASTE STORAGE AND
TRANSPORTATION ACT OF 1980
Chapter 70.99
70.98.170
70.98.170 Prohibition—Fluoroscopic X-ray shoefitting devices. The operation or maintenance of any X-ray,
fluoroscopic, or other equipment or apparatus employing
roentgen rays, in the fitting of shoes or other footwear or in
the viewing of bones in the feet is prohibited. This prohibition does not apply to any licensed physician, surgeon, *podiatrist, or any person practicing a licensed healing art, or any
technician working under the direct and immediate supervision of such persons. [1973 c 77 § 27; 1961 c 207 § 17.]
*Reviser’s note: The term "podiatrist" was changed to "podiatric physician and surgeon" by 1990 c 147.
70.98.180
70.98.180 Exemptions. This chapter shall not apply to
the following sources or conditions:
(1) Radiation machines during process of manufacture,
or in storage or transit: PROVIDED, That this exclusion
shall not apply to functional testing of such machines.
(2) Any radioactive material while being transported in
conformity with regulations adopted by any federal agency
having jurisdiction therein, and specifically applicable to the
transportation of such radioactive materials.
(3) No exemptions under this section are granted for
those quantities or types of activities which do not comply
with the established rules and regulations promulgated by the
Atomic Energy Commission, or any successor thereto. [1965
c 88 § 8; 1961 c 207 § 18.]
70.98.190
70.98.190 Professional uses. Nothing in this chapter
shall be construed to limit the kind or amount of radiation that
may be intentionally applied to a person for diagnostic or
therapeutic purposes by or under the immediate direction of a
licensed practitioner of the healing arts acting within the
scope of his professional license. [1961 c 207 § 19.]
70.98.200
70.98.200 Penalties. Any person who violates any of
the provisions of this chapter or rules, regulations, or orders
in effect pursuant thereto shall be guilty of a gross misdemeanor. [1961 c 207 § 20.]
70.98.900
70.98.900 Severability—1961 c 207. If any part, or
parts, of this act shall be held unconstitutional, the remaining
provisions shall be given full force and effect, as completely
as if the part held unconstitutional had not been included
herein, if any such remaining part or parts can then be administered for the declared purposes of this act. [1961 c 207 §
21.]
[Title 70 RCW—page 322]
Sections
70.99.010
70.99.020
70.99.030
70.99.040
70.99.050
70.99.060
70.99.900
70.99.905
70.99.910
Finding.
Definitions.
Storage of radioactive waste from outside the state prohibited—Exceptions.
Transportation of radioactive waste from outside the state for
storage within the state prohibited—Exception.
Violations—Penalties—Injunctions—Jurisdiction and
venue—Fees and costs.
Interstate compact for regional storage.
Construction—1981 c 1.
Severability—1981 c 1.
Short title.
Nuclear energy and radiation: Chapter 70.98 RCW.
Radioactive and hazardous waste emergency response programs, state coordinator: RCW 38.52.030.
Uranium and thorium mill tailings—Licensing and perpetual care: Chapter
70.121 RCW.
70.99.010 Finding. The people of the state of Washington find that:
(1) Radioactive wastes are highly dangerous, in that
releases of radioactive materials and emissions to the environment are inimical to the health and welfare of the people
of the state of Washington, and contribute to the occurrences
of harmful diseases, including excessive cancer and leukemia. The dangers posed by the transportation and presence of
radioactive wastes are increased further by the long time periods that the wastes remain radioactive and highly dangerous;
(2) Transporting, handling, storing, or otherwise caring
for radioactive waste presents a hazard to the health, safety,
and welfare of the individual citizens of the state of Washington because of the ever-present risk that an accident or incident will occur while the wastes are being cared for;
(3) The likelihood that an accident will occur in this state
involving the release of radioactive wastes to the environment becomes greater as the volume of wastes transported,
handled, stored, or otherwise cared for in this state increases;
(4) The effects of unplanned releases of radioactive
wastes into the environment, especially into the air and water
of the state, are potentially both widespread and harmful to
the health, safety, and welfare of the citizens of this state.
The burdens and hazards posed by increasing the volume
of radioactive wastes transported, handled, stored, or otherwise cared for in this state by the importation of such wastes
from outside this state is not a hazard the state government
may reasonably ask its citizens to bear. The people of the
state of Washington believe that the principles of federalism
70.99.010
(2006 Ed.)
Eye Protection—Public and Private Educational Institutions
do not require the sacrifice of the health, safety, and welfare
of the people of one state for the convenience of other states
or nations. [1981 c 1 § 1 (Initiative Measure No. 383,
approved November 4, 1980).]
70.99.020
70.99.020 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Radioactive waste" means unwanted radioactive
material, including radioactive residues produced as a result
of electric power generation or other reactor operation.
(2) "Medical waste" means radioactive waste from all
therapy, diagnosis, or research in medical fields and radioactive waste which results from the production and manufacture of radioactive material used for therapy, diagnosis, or
research in medical fields, except that "medical waste" does
not include spent fuel or waste from the fuel of an isotope
production reactor.
(3) "Radioactive waste generated or otherwise produced
outside the geographic boundaries of the state of Washington" means radioactive waste which was located outside the
state of Washington at the time of removal from a reactor
vessel. [1981 c 1 § 2 (Initiative Measure No. 383, approved
November 4, 1980).]
70.100.010
or any person residing in the state of Washington may bring
an action to enjoin violations of this chapter, on his or her
own behalf and on the behalf of all persons similarly situated.
Such action may be maintained in the person’s own name or
in the name of the state of Washington. No bond may be
required as a condition to obtaining any injunctive relief. The
superior courts have jurisdiction over actions brought under
this section, and venue shall lie in the county of the plaintiff’s
residence, in the county in which the violation is alleged to
occur, or in Thurston county. In addition to other relief, the
court in its discretion may award attorney’s and expert witness fees and costs of the suit to a party who demonstrates
that a violation of this chapter has occurred. [1981 c 1 § 5
(Initiative Measure No. 383, approved November 4, 1980).]
70.99.060
70.99.060 Interstate compact for regional storage.
Notwithstanding the other provisions of this chapter, the state
of Washington may enter into an interstate compact, which
will become effective upon ratification by a majority of both
houses of the United States Congress, to provide for the
regional storage of radioactive wastes. [1981 c 1 § 6 (Initiative Measure No. 383, approved November 4, 1980).]
Northwest Interstate Compact on Low-Level Radioactive Waste Management: Chapter 43.145 RCW.
70.99.030
70.99.030 Storage of radioactive waste from outside
the state prohibited—Exceptions. Notwithstanding any
law, order, or regulation to the contrary, after July 1, 1981, no
area within the geographic boundaries of the state of Washington may be used by any person or entity as a temporary,
interim, or permanent storage site for radioactive waste,
except medical waste, generated or otherwise produced outside the geographic boundaries of the state of Washington.
This section does not apply to radioactive waste stored within
the state of Washington prior to July 1, 1981. [1981 c 1 § 3
(Initiative Measure No. 383, approved November 4, 1980).]
70.99.040
70.99.040 Transportation of radioactive waste from
outside the state for storage within the state prohibited—
Exception. Notwithstanding any law, order, or regulation to
the contrary, after July 1, 1981, no person or entity may transport radioactive waste, except medical waste, generated or
otherwise produced outside the geographic boundaries of the
state of Washington to any site within the geographic boundaries of the state of Washington for temporary, interim, or
permanent storage. [1981 c 1 § 4 (Initiative Measure No.
383, approved November 4, 1980).]
70.99.900
70.99.900 Construction—1981 c 1. This chapter shall
be liberally construed to protect the health, safety, and welfare of the individual citizens of the state of Washington.
[1981 c 1 § 7 (Initiative Measure No. 383, approved November 4, 1980).]
70.99.905
70.99.905 Severability—1981 c 1. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 1 § 8 (Initiative Measure No. 383, approved November 4, 1980).]
70.99.910
70.99.910 Short title. This act may be known as the
Radioactive Waste Storage and Transportation Act of 1980.
[1981 c 1 § 9 (Initiative Measure No. 383, approved November 4, 1980).]
Chapter 70.100
Chapter 70.100 RCW
EYE PROTECTION—PUBLIC AND PRIVATE
EDUCATIONAL INSTITUTIONS
70.99.050
70.99.050 Violations—Penalties—Injunctions—
Jurisdiction and venue—Fees and costs. (1) A violation of
or failure to comply with the provisions of RCW 70.99.030 or
70.99.040 is a gross misdemeanor.
(2) Any person or entity that violates or fails to comply
with the provisions of RCW 70.99.030 or 70.99.040 is subject to a civil penalty of one thousand dollars for each violation or failure to comply.
(3) Each day upon which a violation occurs constitutes a
separate violation for the purposes of subsections (1) and (2)
of this section.
(4) Any person or entity violating this chapter may be
enjoined from continuing the violation. The attorney general
(2006 Ed.)
Sections
70.100.010
70.100.020
70.100.030
70.100.040
"Eye protection areas" defined.
Wearing of eye protection devices required—Furnishing of—
Costs.
Standard requirement for eye protection devices.
Superintendent of public instruction to circulate instruction
manual to public and private educational institutions.
70.100.010
70.100.010 "Eye protection areas" defined. As used
in this chapter:
"Eye protection areas" means areas within vocational or
industrial arts shops, science or other school laboratories, or
schools within state institutional facilities as designated by
[Title 70 RCW—page 323]
70.100.020
Title 70 RCW: Public Health and Safety
the state superintendent of public instruction in which activities take place involving:
(1) Hot molten metals or other molten materials;
(2) Milling, sawing, turning, shaping, cutting, grinding,
or stamping of any solid materials;
(3) Heat treatment, tempering or kiln firing of any metal
or other materials;
(4) Gas or electric arc welding, or other forms of welding
processes;
(5) Corrosive, caustic, or explosive materials;
(6) Custodial or other service activity potentially hazardous to the eye: PROVIDED, That nothing in this chapter
shall supersede regulations heretofore or hereafter established by the department of labor and industries respecting
such activity; or
(7) Any other activity or operation involving mechanical
or manual work in any area that is potentially hazardous to
the eye. [1969 ex.s. c 179 § 1.]
70.100.020
70.100.020 Wearing of eye protection devices
required—Furnishing of—Costs. Every person shall wear
eye protection devices when participating in, observing, or
performing any function in connection with any courses or
activities taking place in eye protection areas of any private
or public school, college, university, or other public or private educational institution in this state, as designated by the
superintendent of public instruction. The governing board or
authority of any public school shall furnish the eye protection
devices prescribed in RCW 70.100.030 without cost to all
teachers and students in grades K-12 engaged in activities
potentially dangerous to the human eye, and the governing
body of each institution of higher education and vocational
technical institute shall furnish such eye protection devices
free or at cost to all teachers and students similarly engaged
at the institutions of higher education and vocational technical institutes. Eye protection devices shall be furnished on a
loan basis to all visitors observing activities hazardous to the
eye. [1969 ex.s. c 179 § 2.]
70.100.030
70.100.030 Standard requirement for eye protection
devices. Eye protection devices, which shall include plano
safety spectacles, plastic face shields or goggles, shall comply with the U.S.A. Standard Practice for Occupational and
Educational Eye and Face Protection, Z87.1-1968 or later
revisions thereof. [1969 ex.s. c 179 § 3.]
70.100.040
70.100.040 Superintendent of public instruction to
circulate instruction manual to public and private educational institutions. The superintendent of public instruction,
after consulting with the department of labor and industries,
and the division of vocational education shall prepare and circulate to each public and private educational institution in
this state within six months of the date of passage of this
chapter, a manual containing instructions and recommendations for the guidance of such institutions in implementing
the eye safety provisions of this chapter. [1969 ex.s. c 179 §
4.]
[Title 70 RCW—page 324]
Chapter 70.102
Chapter 70.102 RCW
HAZARDOUS SUBSTANCE INFORMATION
Sections
70.102.010
70.102.020
Definitions.
Hazardous substance information and education office—
Duties.
70.102.010
70.102.010 Definitions. Unless the context clearly indicates otherwise, the definitions in this section shall apply
throughout this chapter.
(1) "Agency" means any state agency or local government entity.
(2) "Hazardous household substances" means those substances identified by the department as hazardous household
substances in the guidelines developed by the department.
(3) "Department" means the department of ecology.
(4) "Director" means the director of the department.
(5) "Hazardous substances" or "hazardous materials"
means those substances or materials identified as such under
regulations adopted pursuant to the federal hazardous materials transportation act, the toxic substances control act, the
resource recovery and conservation act, the comprehensive
environmental response compensation and liability act, the
federal insecticide, fungicide, and rodenticide act, the occupational safety and health act hazardous communications
standards, and the state hazardous waste act.
(6) "Moderate risk waste" means any waste that exhibits
any of the properties of dangerous waste but is exempt from
regulation under this chapter solely because the waste is generated in quantities below the threshold for regulation and
any household wastes that are generated from the disposal of
substances identified by the department as hazardous household substances. [1985 c 410 § 2.]
70.102.020
70.102.020 Hazardous substance information and
education office—Duties. There is hereby created the hazardous substance information and education office. Through
this office the department shall:
(1) Facilitate access to existing information on hazardous substances within a community;
(2) Request and obtain information about hazardous substances at specified locations and facilities from agencies that
regulate those locations and facilities. The department shall
review, approve, and provide confidentiality as provided by
statute. Upon request of the department, each agency shall
provide the information within forty-five days;
(3) At the request of citizens or public health or public
safety organizations, compile existing information about hazardous substance use at specified locations and facilities.
This information shall include but not be limited to:
(a) Point and nonpoint air and water emissions;
(b) Extremely hazardous, moderate risk wastes and dangerous wastes as defined in chapter 70.105 RCW produced,
used, stored, transported from, or disposed of by any facility;
(c) A list of the hazardous substances present at a given
site and data on their acute and chronic health and environmental effects;
(d) Data on governmental pesticide use at a given site;
(2006 Ed.)
Lead-Based Paint
(e) Data on commercial pesticide use at a given site if
such data is only given to individuals who are chemically
sensitive; and
(f) Compliance history of any facility.
(4) Provide education to the public on the proper production, use, storage, and disposal of hazardous substances,
including but not limited to:
(a) A technical resource center on hazardous substance
management for industry and the public;
(b) Programs, in cooperation with local government, to
educate generators of moderate risk waste, and provide information regarding the potential hazards to human health and
the environment resulting from improper use and disposal of
the waste and proper methods of handling, reducing, recycling, and disposing of the waste;
(c) Public information and education relating to the safe
handling and disposal of hazardous household substances;
and
(d) Guidelines to aid counties in developing and implementing a hazardous household substances program.
Requests for information from the hazardous substance
information and education office may be made by letter or by
a toll-free telephone line, if one is established by the department. Requests shall be responded to in accordance with
chapter 42.56 RCW.
This section shall not require any agency to compile
information that is not required by existing laws or rules.
[2005 c 274 § 339; 1985 c 410 § 1.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Worker and community right to know fund, use to provide hazardous substance information under chapter 70.102 RCW: RCW 49.70.175.
Chapter 70.103
Chapter 70.103 RCW
LEAD-BASED PAINT
Sections
70.103.010
70.103.020
70.103.030
70.103.040
70.103.050
70.103.060
70.103.070
70.103.080
70.103.090
70.103.010
Finding.
Definitions.
Certification and training—Local governments—Rules.
Certification and accreditation—Rules.
Rules—Report.
Lead paint account.
Inspections.
Certification required to perform lead-based paint activities—
Certificate revocation—Penalties.
Chapter contingent on federal action.
70.103.010 Finding. (1) The legislature finds that lead
hazards associated with lead-based paint represent a significant and preventable environmental health problem. Leadbased paint is the most widespread of the various sources of
lead exposure to the public. Census data show that one million five hundred sixty thousand homes in Washington state
were built prior to 1978 when the sale of residential leadbased paint was banned. These are homes that are believed to
contain some lead-based paint.
Lead negatively affects every system of the body. It is
harmful to individuals of all ages and is especially harmful to
children, fetuses, and adults of childbearing age. The effects
of lead on a child’s cognitive, behavioral, and developmental
abilities may necessitate large expenditures of public funds
for health care and special education. The irreversible dam(2006 Ed.)
70.103.010
age to children and subsequent expenditures could be
avoided if exposure to lead is reduced.
(2) The federal government regulates lead poisoning and
lead hazard reduction through:
(a)(i) The lead-based paint poisoning prevention act;
(ii) The lead contamination control act;
(iii) The safe drinking water act;
(iv) The resource conservation and recovery act of 1976;
and
(v) The residential lead-based paint hazard reduction act
of 1992; and
(b) Implementing regulations of:
(i) The environmental protection agency;
(ii) The department of housing and urban development;
(iii) The occupational safety and health administration;
and
(iv) The centers for disease control and prevention.
(3) In 1992, congress passed the federal residential leadbased paint hazard reduction act, which allows states to provide for the accreditation of lead-based paint activities programs, the certification of persons completing such training
programs, and the licensing of lead-based paint activities
contractors under standards developed by the United States
environmental protection agency.
(4) The legislature recognizes the state’s need to protect
the public from exposure to lead hazards. A qualified and
properly trained work force is needed to assist in the prevention, detection, reduction, and elimination of hazards associated with lead-based paint. The purpose of training workers,
supervisors, inspectors, risk assessors, and project designers
engaged in lead-based paint activities is to protect building
occupants, particularly children ages six years and younger
from potential lead-based paint hazards and exposures both
during and after lead-based paint activities. Qualified and
properly trained individuals and firms will help to ensure
lead-based paint activities are conducted in a way that protects the health of the citizens of Washington state and safeguards the environment. The state lead-based paint activities
program requires that all lead-based paint activities be performed by certified personnel trained by an accredited program, and that all lead-based paint activities meet minimum
work practice standards established by the department of
community, trade, and economic development. Therefore,
the lead-based paint activities accreditation, training, and certification program shall be established in accordance with
this chapter. The lead-based paint activities accreditation,
training, and certification program shall be administered by
the department of community, trade, and economic development and shall be used as a means to assure the protection of
the general public from exposure to lead hazards.
(5) For the welfare of the people of the state of Washington, this chapter establishes a lead-based paint activities program within the department of community, trade, and economic development to protect the general public from exposure to lead hazards and to ensure the availability of a trained
and qualified work force to identify and address lead-based
paint hazards. The legislature recognizes the department of
community, trade, and economic development is not a regulatory agency and may delegate enforcement responsibilities
under chapter 322, Laws of 2003 to local governments or private entities. [2003 c 322 § 1.]
[Title 70 RCW—page 325]
70.103.020
70.103.020
Title 70 RCW: Public Health and Safety
70.103.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Abatement" means any measure or set of measures
designed to permanently eliminate lead-based paint hazards.
(a) Abatement includes, but is not limited to:
(i) The removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of
painted surfaces or fixtures, or the removal or permanent covering of soil, when lead-based paint hazards are present in
such paint, dust, or soil; and
(ii) All preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures.
(b) Specifically, abatement includes, but is not limited
to:
(i) Projects for which there is a written contract or other
documentation, which provides that an individual or firm will
be conducting activities in or to a residential dwelling or
child-occupied facility that:
(A) Shall result in the permanent elimination of leadbased paint hazards; or
(B) Are designed to permanently eliminate lead-based
paint hazards and are described in (a)(i) and (ii) of this subsection;
(ii) Projects resulting in the permanent elimination of
lead-based paint hazards, conducted by certified firms or
individuals, unless such projects are covered by (c) of this
subsection;
(iii) Projects resulting in the permanent elimination of
lead-based paint hazards, conducted by firms or individuals
who, through their company name or promotional literature,
represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified
and defined by this section, unless such projects are covered
by (c) of this subsection; or
(iv) Projects resulting in the permanent elimination of
lead-based paint hazards, that are conducted in response to
state or local abatement orders.
(c) Abatement does not include renovation, remodeling,
landscaping, or other activities, when such activities are not
designed to permanently eliminate lead-based paint hazards,
but, instead, are designed to repair, restore, or remodel a
given structure or dwelling, even though these activities may
incidentally result in a reduction or elimination of lead-based
paint hazards. Furthermore, abatement does not include
interim controls, operations and maintenance activities, or
other measures and activities designed to temporarily, but not
permanently, reduce lead-based paint hazards.
(2) "Accredited training program" means a training program that has been accredited by the department to provide
training for individuals engaged in lead-based paint activities.
(3) "Certified inspector" means an individual who has
been trained by an accredited training program, meets all the
qualifications established by the department, and is certified
by the department to conduct inspections.
(4) "Certified abatement worker" means an individual
who has been trained by an accredited training program,
meets all the qualifications established by the department,
and is certified by the department to perform abatements.
[Title 70 RCW—page 326]
(5) "Certified firm" includes a company, partnership,
corporation, sole proprietorship, association, agency, or other
business entity that meets all the qualifications established by
the department and performs lead-based paint activities to
which the department has issued a certificate.
(6) "Certified project designer" means an individual who
has been trained by an accredited training program, meets all
the qualifications established by the department, and is certified by the department to prepare abatement project designs,
occupant protection plans, and abatement reports.
(7) "Certified risk assessor" means an individual who has
been trained by an accredited training program, meets all the
qualifications established by the department, and is certified
by the department to conduct risk assessments and sample for
the presence of lead in dust and soil for the purposes of abatement clearance testing.
(8) "Certified supervisor" means an individual who has
been trained by an accredited training program, meets all the
qualifications established by the department, and is certified
by the department to supervise and conduct abatements, and
to prepare occupant protection plans and abatement reports.
(9) "Department" means the Washington state department of community, trade, and economic development.
(10) "Director" means the director of the Washington
state department of community, trade, and economic development.
(11) "Federal laws and rules" means:
(a) Title IV, toxic substances control act (15 U.S.C. Sec.
2681 et seq.) and the rules adopted by the United States environmental protection agency under that law for authorization
of state programs;
(b) Any regulations or requirements adopted by the
United States department of housing and urban development
regarding eligibility for grants to states and local governments; and
(c) Any other requirements adopted by a federal agency
with jurisdiction over lead-based paint hazards.
(12) "Lead-based paint" means paint or other surface
coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by
weight.
(13) "Lead-based paint activity" includes inspection,
testing, risk assessment, lead-based paint hazard reduction
project design or planning, or abatement of lead-based paint
hazards.
(14) "Lead-based paint hazard" means any condition that
causes exposure to lead from lead-contaminated dust, leadcontaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or
impact surfaces that would result in adverse human health
effects as identified by the administrator of the United States
environmental protection agency under the toxic substances
control act, section 403.
(15) "State program" means a state administered leadbased paint activities certification and training program that
meets the federal environmental protection agency requirements.
(16) "Person" includes an individual, corporation, firm,
partnership, or association, an Indian tribe, state, or political
subdivision of a state, and a state department or agency.
(17) "Risk assessment" means:
(2006 Ed.)
Lead-Based Paint
(a) An on-site investigation to determine the existence,
nature, severity, and location of lead-based paint hazards; and
(b) The provision of a report by the individual or the firm
conducting the risk assessment, explaining the results of the
investigation and options for reducing lead-based paint hazards. [2003 c 322 § 2.]
70.103.030 Certification and training—Local governments—Rules. (1) The department shall administer and
enforce a state program for worker training and certification,
and training program accreditation, which shall include those
program elements necessary to assume responsibility for federal requirements for a program as set forth in Title IV of the
toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the
residential lead-based paint hazard reduction act of 1992 (42
U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745, Subparts L and
Q (1996), and Title X of the housing and community development act of 1992 (P.L. 102-550). The department may delegate or enter into a memorandum of understanding with
local governments or private entities for implementation of
components of the state program.
(2) The department is authorized to adopt rules that are
consistent with federal requirements to implement a state
program. Rules adopted under this section shall:
(a) Establish minimum accreditation requirements for
lead-based paint activities for training providers;
(b) Establish work practice standards for conduct of
lead-based paint activities;
(c) Establish certification requirements for individuals
and firms engaged in lead-based paint activities including
provisions for recognizing certifications accomplished under
existing certification programs;
(d) Require the use of certified personnel in all leadbased paint activities;
(e) Be revised as necessary to comply with federal law
and rules and to maintain eligibility for federal funding;
(f) Facilitate reciprocity and communication with other
states having a lead-based paint certification program;
(g) Provide for decertification, deaccreditation, and
financial assurance for a person certified by or a training provider accredited by the department; and
(h) Be issued in accordance with the administrative procedure act, chapter 34.05 RCW.
(3) The department may accept federal funds for the
administration of the program.
(4) This program shall equal, but not exceed, legislative
authority under federal requirements as set forth in Title IV of
the toxic substances control act (15 U.S.C. Sec. 2601 et seq.),
the residential lead-based paint hazard reduction act of 1992
(42 U.S.C. Sec. 4851 et seq.), and Title X of the housing and
community development act of 1992 (P.L. 102-550).
(5) Any rules adopted by the department shall be consistent with federal laws, regulations, and requirements relating
to lead-based paint activities specified by the residential leadbased paint hazard reduction act of 1992 (42 U.S.C. Sec.
4851 et seq.) and Title X of the housing and community
development act of 1992 (P.L. 102-550), and rules adopted
pursuant to chapter 70.105D RCW, to ensure consistency in
regulatory action. The rules may not be more restrictive than
corresponding federal and state regulations unless such stringency is specifically authorized by this chapter.
70.103.050
(6) The department shall collect a fee in the amount of
twenty-five dollars for certification and recertification of lead
paint firms, inspectors, project developers, risk assessors,
supervisors, and abatement workers.
(7) The department shall collect a fee in the amount of
two hundred dollars for the accreditation of lead paint training programs. [2003 c 322 § 3.]
70.103.030
(2006 Ed.)
70.103.040
70.103.040 Certification and accreditation—Rules.
(1) The department shall establish a program for certification
of persons involved in lead-based paint activities and for
accreditation of training providers in compliance with federal
laws and rules.
(2) Rules adopted under this section shall:
(a) Establish minimum accreditation requirements for
lead-based paint activities for training providers;
(b) Establish work practice standards for conduct of
lead-based paint activities;
(c) Establish certification requirements for individuals
and firms engaged in lead-based paint activities including
provisions for recognizing certifications accomplished under
existing certification programs;
(d) Require the use of certified personnel in any leadbased paint hazard reduction activity;
(e) Be revised as necessary to comply with federal law
and rules and to maintain eligibility for federal funding;
(f) Facilitate reciprocity and communication with other
states having a lead-based paint certification program;
(g) Provide for decertification, deaccreditation, and
financial assurance for a person certified or accredited by the
department; and
(h) Be issued in accordance with the administrative procedure act, chapter 34.05 RCW.
(3) This program shall equal, but not exceed, legislative
authority under federal requirements as set forth in Title IV of
the toxic substances control act (15 U.S.C. Sec. 2601 et seq.),
the residential lead-based paint hazard reduction act of 1992
(42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745 (1996),
Subparts L and Q, and Title X of the housing and community
development act of 1992 (P.L. 102-550).
(4) Any rules adopted by the department shall be consistent with federal laws, regulations, and requirements relating
to lead-based paint activities specified by the residential leadbased paint hazard reduction act of 1992 (42 U.S.C. Sec.
4851 et seq.) and Title X of the housing and community
development act of 1992 (P.L. 102-550), and rules adopted
pursuant to chapter 70.105D RCW, to ensure consistency in
regulatory action. The rules may not be more restrictive than
corresponding federal and state regulations unless such stringency is specifically authorized by this chapter.
(5) The department may accept federal funds for the
administration of the program. [2003 c 322 § 4.]
70.103.050
70.103.050 Rules—Report. The department shall
adopt rules to:
(1) Establish procedures and requirements for the
accreditation of lead-based paint activities training programs
including, but not limited to, the following:
(a) Training curriculum;
(b) Training hours;
[Title 70 RCW—page 327]
70.103.060
Title 70 RCW: Public Health and Safety
(c) Hands-on training;
(d) Trainee competency and proficiency;
(e) Training program quality control;
(f) Procedures for the reaccreditation of training programs;
(g) Procedures for the oversight of training programs;
and
(h) Procedures for the suspension, revocation, or modification of training program accreditations, or acceptance of
training offered by an accredited training provider in another
state or Indian tribe authorized by the environmental protection agency;
(2) Establish procedures for the purposes of certification,
for the acceptance of training offered by an accredited training provider in a state or Indian tribe authorized by the environmental protection agency;
(3) Certify individuals involved in lead-based paint
activities to ensure that certified individuals are trained by an
accredited training program and possess appropriate educational or experience qualifications for certification;
(4) Establish procedures for recertification;
(5) Require the conduct of lead-based paint activities in
accordance with work practice standards;
(6) Establish procedures for the suspension, revocation,
or modification of certifications;
(7) Establish requirements for the administration of
third-party certification exams;
(8) Use laboratories accredited under the environmental
protection agency’s national lead laboratory accreditation
program;
(9) Establish work practice standards for the conduct of
lead-based paint activities for:
(a) Inspection for presence of lead-based paint;
(b) Risk assessment; and
(c) Abatement;
(10) Establish an enforcement response policy that shall
include:
(a) Warning letters, notices of noncompliance, notices of
violation, or the equivalent;
(b) Administrative or civil actions, including penalty
authority, including accreditation or certification suspension,
revocation, or modification; and
(c) Authority to apply criminal sanctions or other criminal authority using existing state laws as applicable.
The department shall prepare and submit a biennial
report to the legislature regarding the program’s status, its
costs, and the number of persons certified by the program.
[2003 c 322 § 5.]
70.103.060
70.103.060 Lead paint account. The lead paint
account is created in the state treasury. All receipts from
RCW 70.103.030 shall be deposited into the account. Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for the purposes of this chapter. [2003 c 322 § 6.]
70.103.070
70.103.070 Inspections. (1)(a) The director or the
director’s designee is authorized to inspect at reasonable
times and, when feasible, with at least twenty-four hours
prior notification:
[Title 70 RCW—page 328]
(i) Premises or facilities where those engaged in training
for lead-based paint activities conduct business; and
(ii) The business records of, and take samples at, the
businesses accredited or certified under this chapter to conduct lead-based paint training or activities.
(b) Any accredited training program or any firm or individual certified under this chapter that denies access to the
department for the purposes of (a) of this subsection is subject to deaccreditation or decertification under RCW
70.103.040.
(2) The director or the director’s designee is authorized
to inspect premises or facilities, with the consent of the owner
or owner’s agent, where violations may occur concerning
lead-based paint activities, as defined under RCW
70.103.020, at reasonable times and, when feasible, with at
least forty-eight hours prior notification of the inspection.
(3) Prior to receipt of federal lead-based paint abatement
funding, all premise or facility owners shall be notified by
any entity that receives and disburses the federal funds that an
inspection may be conducted. If a premise or facility owner
does not wish to have an inspection conducted, that owner is
not eligible to receive lead-based paint abatement funding.
[2003 c 322 § 7.]
70.103.080 Certification required to perform leadbased paint activities—Certificate revocation—Penalties.
(1) The department is designated as the official agency of this
state for purposes of cooperating with, and implementing the
state lead-based paint activities program under the jurisdiction of the United States environmental protection agency.
(2) No individual or firm can perform, offer, or claim to
perform lead-based paint activities without certification from
the department to conduct these activities.
(3) The department may deny, suspend, or revoke a certificate for failure to comply with the requirements of this
chapter or any rule adopted under this chapter. No person
whose certificate is revoked under this chapter shall be eligible to apply for a certificate for one year from the effective
date of the final order of revocation. A certificate may be
denied, suspended, or revoked on any of the following
grounds:
(a) A risk assessor, inspector, contractor, project
designer, or worker violates work practice standards established by the United States environmental protection agency
or the United States department of housing and urban development governing work practices and procedures; or
(b) The certificate was obtained by error, misrepresentation, or fraud.
(4) Any person convicted of violating any of the provisions of this chapter is guilty of a misdemeanor. A conviction
is an unvacated forfeiture of bail or collateral deposited to
secure the defendant’s appearance in court, the payment of a
fine, a plea of guilty, or a finding of guilt on a violation of this
chapter, regardless of whether imposition of sentence is
deferred or the penalty is suspended, and shall be treated as a
violation conviction for purposes of certification forfeiture
under this chapter. Violations of this chapter include:
(a) Failure to comply with any requirement of this chapter;
(b) Failure or refusal to establish, maintain, provide,
copy, or permit access to records or reports as required;
70.103.080
(2006 Ed.)
Pesticides—Health Hazards
(c) Obtaining certification through fraud or misrepresentation;
(d) Failure to obtain certification from the department
and performing work requiring certification at a job site; or
(e) Fraudulently obtaining certification and engaging in
any lead-based paint activities requiring certification. [2003
c 322 § 8.]
70.103.090
70.103.090 Chapter contingent on federal action. (1)
The department’s duties under chapter 322, Laws of 2003 are
subject to authorization of the state program from the federal
government within two years of July 27, 2003. Chapter 322,
Laws of 2003 expires if the federal environmental protection
agency does not authorize a state program within two years of
July 27, 2003.
(2) The department’s duties under chapter 322, Laws of
2003 are subject to the availability of sufficient funding from
the federal government for this purpose. The director or his
or her designee shall seek funding of the department’s efforts
under this chapter from the federal government. By October
15th of each year, the director shall determine if sufficient
federal funding has been provided or guaranteed by the federal government. If the director determines sufficient funding has not been provided, the department shall cease efforts
under this chapter due to the lack of federal funding. [2003 c
322 § 9.]
Reviser’s note: The federal environmental protection agency authorized Washington’s program which was established June 10, 2004.
Chapter 70.104
Chapter 70.104 RCW
PESTICIDES—HEALTH HAZARDS
Sections
70.104.010
70.104.020
70.104.030
70.104.040
70.104.050
70.104.055
70.104.057
70.104.060
70.104.070
70.104.080
70.104.090
70.104.100
Declaration.
"Pesticide" defined.
Powers and duties of department of health.
Pesticide emergencies—Authority of department of agriculture not infringed upon.
Investigation of human exposure to pesticides.
Pesticide poisonings—Reports.
Pesticide poisonings—Medical education program.
Technical assistance, consultations and services to physicians
and agencies authorized.
Pesticide incident reporting and tracking review panel—
Intent.
Pesticide panel—Generally.
Pesticide panel—Responsibilities.
Industrial insurance statutes not affected.
Reviser’s note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
70.104.040
(1) Any substance or mixture of substances intended to
prevent, destroy, control, repel, or mitigate any insect, rodent,
nematode, snail, slug, fungus, weed and any other form of
plant or animal life or virus, except virus on or in living man
or other animal, which is normally considered to be a pest or
which the director of agriculture may declare to be a pest; or
(2) Any substance or mixture of substances intended to
be used as a plant regulator, defoliant or desiccant; or
(3) Any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent,
deflocculating agent, water modifier, or similar agent with or
without toxic properties of its own intended to be used with
any other pesticide as an aid to the application or effect
thereof, and sold in a package or container separate from that
of the pesticide with which it is to be used; or
(4) Any fungicide, rodenticide, herbicide, insecticide,
and nematocide. [1971 ex.s. c 41 § 2.]
70.104.030 Powers and duties of department of
health. (1) The department of health shall investigate all suspected human cases of pesticide poisoning and such cases of
suspected pesticide poisoning of animals that may relate to
human illness. The department shall establish time periods by
rule to determine investigation response time. Time periods
shall range from immediate to forty-eight hours to initiate an
investigation, depending on the severity of the case or suspected case of pesticide poisoning.
In order to adequately investigate such cases, the department shall have the power to:
(a) Take all necessary samples and human or animal tissue specimens for diagnostic purposes: PROVIDED, That
tissue, if taken from a living human, shall be taken from a living human only with the consent of a person legally qualified
to give such consent;
(b) Secure any and all such information as may be necessary to adequately determine the nature and causes of any
case of pesticide poisoning.
(2) The department shall, by rule adopted pursuant to the
Administrative Procedure Act, chapter 34.05 RCW, with due
notice and a hearing for the adoption of permanent rules,
establish procedures for the prevention of any recurrence of
poisoning and the department shall immediately notify the
department of agriculture, the department of labor and industries, and other appropriate agencies of the results of its
investigation for such action as the other departments or
agencies deem appropriate. The notification of such investigations and their results may include recommendations for
further action by the appropriate department or agency.
[1991 c 3 § 357; 1989 c 380 § 71; 1971 ex.s. c 41 § 3.]
70.104.030
70.104.010
70.104.010 Declaration. The department of health has
responsibility to protect and enhance the public health and
welfare. As a consequence, it must be concerned with both
natural and artificial environmental factors which may
adversely affect the public health and welfare. Dangers to the
public health and welfare related to the use of pesticides
require specific legislative recognition of departmental
authority and responsibility in this area. [1991 c 3 § 356;
1971 ex.s. c 41 § 1.]
70.104.020
70.104.020 "Pesticide" defined. For the purposes of
this chapter pesticide means, but is not limited to:
(2006 Ed.)
Effective date—1989 c 380 §§ 69, 71-73: See note following RCW
70.104.090.
Severability—1989 c 380: See RCW 15.58.942.
70.104.040 Pesticide emergencies—Authority of
department of agriculture not infringed upon. (1) In any
case where an emergency relating to pesticides occurs that
represents a hazard to the public due to toxicity of the material, the quantities involved or the environment in which the
incident takes place, such emergencies including but not limited to fires, spillage, and accidental contamination, the person or agent of such person having actual or constructive con70.104.040
[Title 70 RCW—page 329]
70.104.050
Title 70 RCW: Public Health and Safety
trol of the pesticides involved shall immediately notify the
department of health by telephone or the fastest available
method.
(2) Upon notification or discovery of any pesticide emergency the department of health shall:
(a) Make such orders and take such actions as are appropriate to assume control of the property and to dispose of hazardous substances, prevent further contamination, and restore
any property involved to a nonhazardous condition. In the
event of failure of any individual to obey and carry out orders
pursuant to this section, the department shall have all power
and authority to accomplish those things necessary to carry
out such order. Any expenses incurred by the department as a
result of intentional failure of any individual to obey its lawful orders shall be charged as a debt against such individual.
(3) In any case where the department of health has
assumed control of property pursuant to this chapter, such
property shall not be reoccupied or used until such time as
written notification of its release for use is received from the
secretary of the department or his or her designee. Such
action shall take into consideration the economic hardship, if
any, caused by having the department assume control of
property, and release shall be accomplished as expeditiously
as possible. Nothing in this chapter shall prevent a farmer
from continuing to process his or her crops and/or animals
provided that the processing does not endanger the public
health.
(4) The department shall recognize the pesticide industry’s responsibility and active role in minimizing the effect of
pesticide emergencies and shall provide for maximum utilization of these services.
(5) Nothing in this chapter shall be construed in any way
to infringe upon or negate the authority and responsibility of
the department of agriculture in its application and enforcement of the Washington Pesticide Control Act, chapter 15.58
RCW and the Washington Pesticide Application Act, chapter
17.21 RCW. The department of health shall work closely
with the department of agriculture in the enforcement of this
chapter and shall keep it appropriately advised. [1991 c 3 §
358; 1983 c 3 § 178; 1971 ex.s. c 41 § 4.]
70.104.050
70.104.050 Investigation of human exposure to pesticides. The department of health shall investigate human
exposure to pesticides, and in order to carry out such investigations shall have authority to secure and analyze appropriate
specimens of human tissue and samples representing sources
of possible exposure. [1991 c 3 § 359; 1971 ex.s. c 41 § 5.]
70.104.055
70.104.055 Pesticide poisonings—Reports. (1) Any
attending physician or other health care provider recognized
as primarily responsible for the diagnosis and treatment of a
patient or, in the absence of a primary health care provider,
the health care provider initiating diagnostic testing or therapy for a patient shall report a case or suspected case of pesticide poisoning to the department of health in the manner
prescribed by, and within the reasonable time periods established by, rules of the state board of health. Time periods
established by the board shall range from immediate reporting to reporting within seven days depending on the severity
of the case or suspected case of pesticide poisoning. The
[Title 70 RCW—page 330]
reporting requirements shall be patterned after other board
rules establishing requirements for reporting of diseases or
conditions. Confidentiality requirements shall be the same as
the confidentiality requirements established for other reportable diseases or conditions. The information to be reported
may include information from relevant pesticide application
records and shall include information required under board
rules. Reports shall be made on forms provided to health care
providers by the department of health. For purposes of any
oral reporting, the department of health shall make available
a toll-free telephone number.
(2) Within a reasonable time period as established by
board rules, the department of health shall investigate the
report of a case or suspected case of pesticide poisoning to
document the incident. The department shall report the
results of the investigation to the health care provider submitting the original report.
(3) Cases or suspected cases of pesticide poisoning shall
be reported by the department of health to the pesticide
reporting and tracking review panel within the time periods
established by state board of health rules.
(4) Upon request of the primary health care provider,
pesticide applicators or employers shall provide a copy of
records of pesticide applications which may have affected the
health of the provider’s patient. This information is to be used
only for the purposes of providing health care services to the
patient.
(5) Any failure of the primary health care provider to
make the reports required under this section may be cause for
the department of health to submit information about such
nonreporting to the applicable disciplining authority for the
provider under RCW 18.130.040.
(6) No cause of action shall arise as the result of: (a) The
failure to report under this section; or (b) any report submitted to the department of health under this section.
(7) For the purposes of this section, a suspected case of
pesticide poisoning is a case in which the diagnosis is thought
more likely than not to be pesticide poisoning. [1992 c 173 §
4; 1991 c 3 § 360; 1989 c 380 § 72.]
Effective dates—1992 c 173: See note following RCW 17.21.100.
Effective date—1989 c 380 §§ 69, 71-73: See note following RCW
70.104.090.
Severability—1989 c 380: See RCW 15.58.942.
70.104.057 Pesticide poisonings—Medical education
program. The department of health, after seeking advice
from the state board of health, local health officers, and state
and local medical associations, shall develop a program of
medical education to alert physicians and other health care
providers to the symptoms, diagnosis, treatment, and reporting of pesticide poisonings. [1991 c 3 § 361; 1989 c 380 §
73.]
70.104.057
Effective date—1989 c 380 §§ 69, 71-73: See note following RCW
70.104.090.
Severability—1989 c 380: See RCW 15.58.942.
70.104.060 Technical assistance, consultations and
services to physicians and agencies authorized. In order
effectively to prevent human illness due to pesticides and to
carry out the requirements of this chapter, the department of
health is authorized to provide technical assistance and con70.104.060
(2006 Ed.)
Pesticides—Health Hazards
sultation regarding health effects of pesticides to physicians
and other agencies, and is authorized to operate an analytical
chemical laboratory and may provide analytical and laboratory services to physicians and other agencies to determine
pesticide levels in human and other tissues, and appropriate
environmental samples. [1991 c 3 § 362; 1971 ex.s. c 41 § 6.]
70.104.070
70.104.070 Pesticide incident reporting and tracking
review panel—Intent. The legislature finds that heightened
concern regarding health and environmental impacts from
pesticide use and misuse has resulted in an increased demand
for full-scale health investigations, assessment of resource
damages, and health effects information. Increased reporting,
comprehensive unbiased investigation capability, and
enhanced community education efforts are required to maintain this state’s responsibilities to provide for public health
and safety.
It is the intent of the legislature that the various state
agencies responsible for pesticide regulation coordinate their
activities in a timely manner to ensure adequate monitoring
of pesticide use and protection of workers and the public
from the effects of pesticide misuse. [1989 c 380 § 67.]
Severability—1989 c 380: See RCW 15.58.942.
70.104.080
70.104.080 Pesticide panel—Generally. (1) There is
hereby created a pesticide incident reporting and tracking
review panel consisting of the following members:
(a) The directors, secretaries, or designees of the departments of labor and industries, agriculture, natural resources,
fish and wildlife, and ecology;
(b) The secretary of the department of health or his or her
designee, who shall serve as the coordinating agency for the
review panel;
(c) The chair of the department of environmental health
of the University of Washington, or his or her designee;
(d) The pesticide coordinator and specialist of the cooperative extension at Washington State University or his or her
designee;
(e) A representative of the Washington poison control
center network;
(f) A practicing toxicologist and a member of the general
public, who shall each be appointed by the governor for terms
of two years and may be appointed for a maximum of four
terms at the discretion of the governor. The governor may
remove either member prior to the expiration of his or her
term of appointment for cause. Upon the death, resignation,
or removal for cause of a member of the review panel, the
governor shall fill such vacancy, within thirty days of its creation, for the remainder of the term in the manner herein prescribed for appointment to the review panel.
(2) The review panel shall be chaired by the secretary of
the department of health, or the secretary’s designee. The
members of the review panel shall meet at least monthly at a
time and place specified by the chair, or at the call of a majority of the review panel. [1994 c 264 § 41; 1991 c 3 § 363;
1989 c 380 § 68.]
Severability—1989 c 380: See RCW 15.58.942.
(2006 Ed.)
70.104.090
70.104.090
70.104.090 Pesticide panel—Responsibilities. The
responsibilities of the review panel shall include, but not be
limited to:
(1) Establishing guidelines for centralizing the receipt of
information relating to actual or alleged health and environmental incidents involving pesticides;
(2) Reviewing and making recommendations for procedures for investigation of pesticide incidents, which shall be
implemented by the appropriate agency unless a written
statement providing the reasons for not adopting the recommendations is provided to the review panel;
(3) Monitoring the time periods required for response to
reports of pesticide incidents by the departments of agriculture, health, and labor and industries;
(4) At the request of the chair or any panel member,
reviewing pesticide incidents of unusual complexity or those
that cannot be resolved;
(5) Identifying inadequacies in state and/or federal law
that result in insufficient protection of public health and
safety, with specific attention to advising the appropriate
agencies on the adequacy of pesticide reentry intervals established by the federal environmental protection agency and
registered pesticide labels to protect the health and safety of
farmworkers. The panel shall establish a priority list for
reviewing reentry intervals, which considers the following
criteria:
(a) Whether the pesticide is being widely used in laborintensive agriculture in Washington;
(b) Whether another state has established a reentry interval for the pesticide that is longer than the existing federal
reentry interval;
(c) The toxicity category of the pesticide under federal
law;
(d) Whether the pesticide has been identified by a federal
or state agency or through a scientific review as presenting a
risk of cancer, birth defects, genetic damage, neurological
effects, blood disorders, sterility, menstrual dysfunction,
organ damage, or other chronic or subchronic effects; and
(e) Whether reports or complaints of ill effects from the
pesticide have been filed following worker entry into fields to
which the pesticide has been applied; and
(6) Reviewing and approving an annual report prepared
by the department of health to the governor, agency heads,
and members of the legislature, with the same available to the
public. The report shall include, at a minimum:
(a) A summary of the year’s activities;
(b) A synopsis of the cases reviewed;
(c) A separate descriptive listing of each case in which
adverse health or environmental effects due to pesticides
were found to occur;
(d) A tabulation of the data from each case;
(e) An assessment of the effects of pesticide exposure in
the workplace;
(f) The identification of trends, issues, and needs; and
(g) Any recommendations for improved pesticide use
practices. [1991 c 3 § 364; 1989 c 380 § 69.]
Effective date—1989 c 380 §§ 69, 71-73: "Sections 69 and 71 through
73 of this act shall take effect on January 1, 1990." [1989 c 380 § 90.]
Severability—1989 c 380: See RCW 15.58.942.
[Title 70 RCW—page 331]
70.104.100
Title 70 RCW: Public Health and Safety
70.104.100
70.104.100 Industrial insurance statutes not affected.
Nothing in RCW 70.104.070 through 70.104.090 shall be
construed to affect in any manner the administration of Title
51 RCW by the department of labor and industries. [1989 c
380 § 70.]
Severability—1989 c 380: See RCW 15.58.942.
Chapter 70.105
Chapter 70.105 RCW
HAZARDOUS WASTE MANAGEMENT
Sections
70.105.005
70.105.007
70.105.010
70.105.020
70.105.025
70.105.030
70.105.035
70.105.040
70.105.050
70.105.060
70.105.070
70.105.080
70.105.085
70.105.090
70.105.095
70.105.097
70.105.100
70.105.105
70.105.109
70.105.110
70.105.111
70.105.112
70.105.116
70.105.120
70.105.130
70.105.135
70.105.140
70.105.145
70.105.150
70.105.160
70.105.165
70.105.170
70.105.180
70.105.200
70.105.210
70.105.215
70.105.217
70.105.220
70.105.221
70.105.225
70.105.230
70.105.235
Legislative declaration.
Purpose.
Definitions.
Standards and regulations—Adoption—Notice and hearing—
Consultation with other agencies.
Environmental excellence program agreements—Effect on
chapter.
List and information to be furnished by depositor of hazardous
waste—Rules and regulations.
Solid wastes—Conditionally exempt from chapter.
Disposal site or facility—Acquisition—Disposal fee schedule.
Disposal at other than approved site prohibited—Disposal of
radioactive wastes.
Review of rules, regulations, criteria and fee schedules.
Criteria for receiving waste at disposal site.
Violations—Civil penalties.
Violations—Criminal penalties.
Violations—Gross misdemeanor.
Violations—Orders—Penalty for noncompliance—Appeal.
Action for damages resulting from violation—Attorneys’ fees.
Powers and duties of department.
Duty of department to regulate PCB waste.
Regulation of wastes with radioactive and hazardous components.
Regulation of dangerous wastes associated with energy facilities.
Radioactive wastes—Authority of department of social and
health services.
Application of chapter to special incinerator ash.
Hazardous substance remedial actions—Procedural requirements not applicable.
Authority of attorney general.
Department’s powers as designated agency under federal act.
Copies of notification forms or annual reports to officials
responsible for fire protection.
Rules implemented under RCW 70.105.130—Review.
Department’s authority to participate in and administer federal
act.
Declaration—Management of hazardous waste—Priorities—
Definitions.
Waste management study—Public hearings—Adoption or
modification of rules.
Disposal of dangerous wastes at commercial off-site land disposal facilities—Limitations.
Waste management—Consultative services—Technical assistance—Confidentiality.
Disposition of fines and penalties—Earnings.
Hazardous waste management plan.
Hazardous waste management facilities—Department to
develop criteria for siting.
Department to adopt rules for permits for hazardous substances treatment facilities.
Local government regulatory authority to prohibit or condition.
Local governments to prepare local hazardous waste plans—
Basis—Elements required.
Local governments to prepare local hazardous waste plans—
Used oil recycling element.
Local governments to designate zones—Departmental guidelines—Approval of local government zone designations or
amendments—Exemption.
Local governments to submit letter of intent to identify or designate zones and submit management plans—Department to
prepare plan in event of failure to act.
Grants to local governments for plan preparation, implementation, and designation of zones—Matching funds—Qualifications.
[Title 70 RCW—page 332]
70.105.240
70.105.245
70.105.250
70.105.255
70.105.260
70.105.270
70.105.280
70.105.300
70.105.900
State preemption—Department sole authority—Local requirements superseded—State authority over designated zone
facilities.
Department may require notice of intent for management facility permit.
Appeals to pollution control hearings board.
Department to provide technical assistance with local plans.
Department to assist conflict resolution activities related to siting facilities—Agreements may constitute conditions for
permit.
Requirements of RCW 70.105.200 through 70.105.230 and
70.105.240(4) not mandatory without legislative appropriation.
Service charges.
Metals mining and milling operations permits—Inspections by
department of ecology.
Short title—1985 c 448.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
Hazardous materials incidents, handling and liability: RCW 70.136.010
through 70.136.070.
Radioactive and hazardous waste emergency response programs, state coordinator: RCW 38.52.030.
Transport of hazardous materials, state patrol authority over: Chapter
46.48 RCW.
70.105.005
70.105.005 Legislative declaration. The legislature
hereby finds and declares:
(1) The health and welfare of the people of the state
depend on clean and pure environmental resources unaffected by hazardous waste contamination. At the same time,
the quality of life of the people of the state is in part based
upon a large variety of goods produced by the economy of the
state. The complex industrial processes that produce these
goods also generate waste byproducts, some of which are
hazardous to the public health and the environment if
improperly managed.
(2) Safe and responsible management of hazardous
waste is necessary to prevent adverse effects on the environment and to protect public health and safety.
(3) The availability of safe, effective, economical, and
environmentally sound facilities for the management of hazardous waste is essential to protect public health and the environment and to preserve the economic strength of the state.
(4) Strong and effective enforcement of federal and state
hazardous waste laws and regulations is essential to protect
the public health and the environment and to meet the public’s concerns regarding the acceptance of needed new hazardous waste management facilities.
(5) Negotiation, mediation, and similar conflict resolution techniques are useful in resolving concerns over the local
impacts of siting hazardous waste management facilities.
(6) Safe and responsible management of hazardous
waste requires an effective planning process that involves
local and state governments, the public, and industry.
(7) Public acceptance and successful siting of needed
new hazardous waste management facilities depends on several factors, including:
(a) Public confidence in the safety of the facilities;
(b) Assurance that the hazardous waste management priorities established in this chapter are being carried out to the
maximum degree practical;
(c) Recognition that all state citizens benefit from certain
products whose manufacture results in the generation of hazardous byproducts, and that all state citizens must, therefore,
(2006 Ed.)
Hazardous Waste Management
share in the responsibility for finding safe and effective
means to manage this hazardous waste; and
(d) Provision of adequate opportunities for citizens to
meet with facility operators and resolve concerns about local
hazardous waste management facilities.
(8) Due to the controversial and regional nature of facilities for the disposal and incineration of hazardous waste, the
facilities have had difficulty in obtaining necessary local
approvals. The legislature finds that there is a statewide interest in assuring that such facilities can be sited.
It is therefore the intent of the legislature to preempt
local government’s authority to approve, deny, or otherwise
regulate disposal and incineration facilities, and to vest in the
department of ecology the sole authority among state,
regional, and local agencies to approve, deny, and regulate
preempted facilities, as defined in this chapter.
In addition, it is the intent of the legislature that such
complete preemptive authority also be vested in the department for treatment and storage facilities, in addition to disposal and incineration facilities, if a local government fails to
carry out its responsibilities established in RCW 70.105.225.
It is further the intent of the legislature that no local ordinance, permit requirement, other requirement, or decision
shall prohibit on the basis of land use considerations the construction of a hazardous waste management facility within
any zone designated and approved in accordance with this
chapter, provided that the proposed site for the facility is consistent with applicable state siting criteria.
(9) With the exception of the disposal site authorized for
acquisition under this chapter, the private sector has had the
primary role in providing hazardous waste management facilities and services in the state. It is the intent of the legislature
that this role be encouraged and continue into the future to the
extent feasible. Whether privately or publicly owned and
operated, hazardous waste management facilities and services should be subject to strict governmental regulation as
provided under this chapter.
(10) Wastes that are exempt or excluded from full regulation under this chapter due to their small quantity or household origin have the potential to pose significant risk to public health and the environment if not properly managed. It is
the intent of the legislature that the specific risks posed by
such waste be investigated and assessed and that programs be
carried out as necessary to manage the waste appropriately.
In addition, the legislature finds that, because local conditions vary substantially in regard to the quantities, risks, and
management opportunities available for such wastes, local
government is the appropriate level of government to plan for
and carry out programs to manage moderate-risk waste, with
assistance and coordination provided by the department.
[1985 c 448 § 2.]
Severability—1985 c 448: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 448 § 19.]
70.105.007
70.105.007 Purpose. The purpose of this chapter is to
establish a comprehensive statewide framework for the planning, regulation, control, and management of hazardous
waste which will prevent land, air, and water pollution and
(2006 Ed.)
70.105.010
conserve the natural, economic, and energy resources of the
state. To this end it is the purpose of this chapter:
(1) To provide broad powers of regulation to the department of ecology relating to management of hazardous wastes
and releases of hazardous substances;
(2) To promote waste reduction and to encourage other
improvements in waste management practices;
(3) To promote cooperation between state and local governments by assigning responsibilities for planning for hazardous wastes to the state and planning for moderate-risk
waste to local government;
(4) To provide for prevention of problems related to
improper management of hazardous substances before such
problems occur; and
(5) To assure that needed hazardous waste management
facilities may be sited in the state, and to ensure the safe operation of the facilities. [1985 c 448 § 3.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.010
70.105.010 Definitions. The words and phrases defined
in this section shall have the meanings indicated when used in
this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of
ecology or the director’s designee.
(3) "Disposal site" means a geographical site in or upon
which hazardous wastes are disposed of in accordance with
the provisions of this chapter.
(4) "Dispose or disposal" means the discarding or abandoning of hazardous wastes or the treatment, decontamination, or recycling of such wastes once they have been discarded or abandoned.
(5) "Dangerous wastes" means any discarded, useless,
unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers of
such substances which are disposed of in such quantity or
concentration as to pose a substantial present or potential
hazard to human health, wildlife, or the environment because
such wastes or constituents or combinations of such wastes:
(a) Have short-lived, toxic properties that may cause
death, injury, or illness or have mutagenic, teratogenic, or
carcinogenic properties; or
(b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.
(6) "Extremely hazardous waste" means any dangerous
waste which
(a) will persist in a hazardous form for several years or
more at a disposal site and which in its persistent form
(i) presents a significant environmental hazard and may
be concentrated by living organisms through a food chain or
may affect the genetic make-up of man or wildlife, and
(ii) is highly toxic to man or wildlife
(b) if disposed of at a disposal site in such quantities as
would present an extreme hazard to man or the environment.
(7) "Person" means any person, firm, association,
county, public or municipal or private corporation, agency, or
other entity whatsoever.
(8) "Pesticide" shall have the meaning of the term as
defined in RCW 15.58.030 as now or hereafter amended.
[Title 70 RCW—page 333]
70.105.020
Title 70 RCW: Public Health and Safety
(9) "Solid waste advisory committee" means the same
advisory committee as per RCW 70.95.040 through
70.95.070.
(10) "Designated zone facility" means any facility that
requires an interim or final status permit under rules adopted
under this chapter and that is not a preempted facility as
defined in this section.
(11) "Facility" means all contiguous land and structures,
other appurtenances, and improvements on the land used for
recycling, storing, treating, incinerating, or disposing of hazardous waste.
(12) "Preempted facility" means any facility that
includes as a significant part of its activities any of the following operations: (a) Landfill, (b) incineration, (c) land
treatment, (d) surface impoundment to be closed as a landfill,
or (e) waste pile to be closed as a landfill.
(13) "Hazardous household substances" means those
substances identified by the department as hazardous household substances in the guidelines developed under RCW
70.105.220.
(14) "Hazardous substances" means any liquid, solid,
gas, or sludge, including any material, substance, product,
commodity, or waste, regardless of quantity, that exhibits any
of the characteristics or criteria of hazardous waste as
described in rules adopted under this chapter.
(15) "Hazardous waste" means and includes all dangerous and extremely hazardous waste, including substances
composed of both radioactive and hazardous components.
(16) "Local government" means a city, town, or county.
(17) "Moderate-risk waste" means (a) any waste that
exhibits any of the properties of hazardous waste but is
exempt from regulation under this chapter solely because the
waste is generated in quantities below the threshold for regulation, and (b) any household wastes which are generated
from the disposal of substances identified by the department
as hazardous household substances.
(18) "Service charge" means an assessment imposed
under RCW 70.105.280 against those facilities that store,
treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous
component and a radioactive component. Service charges
shall also apply to facilities undergoing closure under this
chapter in those instances where closure entails the physical
characterization of remaining wastes which contain both a
nonradioactive hazardous component and a radioactive component or the management of such wastes through treatment
or removal, except any commercial low-level radioactive
waste facility. [1989 c 376 § 1; 1987 c 488 § 1; 1985 c 448 §
1; 1975-’76 2nd ex.s. c 101 § 1.]
Severability—1989 c 376: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 376 § 4.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.020
70.105.020 Standards and regulations—Adoption—
Notice and hearing—Consultation with other agencies.
The department after notice and public hearing shall:
(1) Adopt regulations designating as extremely hazardous wastes subject to the provisions of this chapter those sub[Title 70 RCW—page 334]
stances which exhibit characteristics consistent with the definition provided in RCW 70.105.010(6);
(2) Adopt and may revise when appropriate, minimum
standards and regulations for disposal of extremely hazardous wastes to protect against hazards to the public, and to the
environment. Before adoption of such standards and regulations, the department shall consult with appropriate agencies
of interested local governments and secure technical assistance from the department of agriculture, the department of
social and health services, the department of fish and wildlife, the department of natural resources, the department of
labor and industries, and the department of community, trade,
and economic development, through the director of fire protection. [1994 c 264 § 42; 1988 c 36 § 28; 1986 c 266 § 119;
1975-’76 2nd ex.s. c 101 § 2.]
Severability—1986 c 266: See note following RCW 38.52.005.
70.105.025
70.105.025 Environmental excellence program
agreements—Effect on chapter. Notwithstanding any
other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement,
entered into under chapter 43.21K RCW. [1997 c 381 § 23.]
Purpose—1997 c 381: See RCW 43.21K.005.
70.105.030
70.105.030 List and information to be furnished by
depositor of hazardous waste—Rules and regulations. (1)
After the effective date of the regulations adopted by the
department designating extremely hazardous wastes, any person planning to dispose of extremely hazardous waste as designated by the department shall provide the operator of the
disposal site with a list setting forth the extremely hazardous
wastes for disposal, the amount of such wastes, the general
chemical and mineral composition of such waste listed by
approximate maximum and minimum percentages, and the
origin of any such waste. Such list, when appropriate, shall
include information on antidotes, first aid, or safety measures
to be taken in case of accidental contact with the particular
extremely hazardous waste being disposed.
(2) The department shall adopt and enforce all rules and
regulations including the form and content of the list, necessary and appropriate to accomplish the purposes of subsection (1) of this section. [1975-’76 2nd ex.s. c 101 § 3.]
70.105.035
70.105.035 Solid wastes—Conditionally exempt from
chapter. Solid wastes that designate as dangerous waste or
extremely hazardous waste but do not designate as hazardous
waste under federal law are conditionally exempt from the
requirements of this chapter, if:
(1) The waste is generated pursuant to a consent decree
issued under chapter 70.105D RCW;
(2) The consent decree characterizes the solid waste and
specifies management practices and a department-approved
treatment or disposal location;
(3) The management practices are consistent with RCW
70.105.150 and are protective of human health and the environment as determined by the department of ecology; and
(4) Waste treated or disposed of on-site will be managed
in a manner determined by the department to be as protective
(2006 Ed.)
Hazardous Waste Management
of human health and the environment as clean-up standards
pursuant to chapter 70.105D RCW.
This section shall not be interpreted to limit the ability of
the department to apply any requirement of this chapter
through a consent decree issued under chapter 70.105D
RCW, if the department determines these requirements to be
appropriate. Neither shall this section be interpreted to limit
the application of this chapter to a cleanup conducted under
the federal comprehensive environmental response, compensation, and liability act (42 U.S.C. Sec. 9601 et seq., as
amended). [1994 c 254 § 5.]
70.105.040
70.105.040 Disposal site or facility—Acquisition—
Disposal fee schedule. (1) The department through the
department of general administration, is authorized to acquire
interests in real property from the federal government on the
Hanford Reservation by gift, purchase, lease, or other means,
to be used for the purpose of developing, operating, and
maintaining an extremely hazardous waste disposal site or
facility by the department, either directly or by agreement
with public or private persons or entities: PROVIDED, That
lands acquired under this section shall not be inconsistent
with a local comprehensive plan approved prior to January 1,
1976: AND PROVIDED FURTHER, That no lands acquired
under this section shall be subject to land use regulation by a
local government.
(2) The department may establish an appropriate fee
schedule for use of such disposal facilities to offset the cost of
administration of this chapter and the cost of development,
operation, maintenance, and perpetual management of the
disposal site. If operated by a private entity, the disposal fee
may be such as to provide a reasonable profit. [1975-’76 2nd
ex.s. c 101 § 4.]
70.105.050
70.105.050 Disposal at other than approved site prohibited—Disposal of radioactive wastes. (1) No person
shall dispose of designated extremely hazardous wastes at
any disposal site in the state other than the disposal site established and approved for such purpose under provisions of this
chapter, except:
(a) When such wastes are going to a processing facility
which will result in the waste being reclaimed, treated, detoxified, neutralized, or otherwise processed to remove its harmful properties or characteristics; or
(b) When such wastes are managed on-site as part of a
remedial action conducted by the department or by potentially liable persons under a consent decree issued by the
department pursuant to chapter 70.105D RCW.
(2) Extremely hazardous wastes that contain radioactive
components may be disposed at a radioactive waste disposal
site that is (a) owned by the United States department of
energy or a licensee of the nuclear regulatory commission
and (b) permitted by the department and operated in compliance with the provisions of this chapter. However, prior to
disposal, or as a part of disposal, all reasonable methods of
treatment, detoxification, neutralization, or other waste management methodologies designed to mitigate hazards associated with these wastes shall be employed, as required by
applicable federal and state laws and regulations. [1994 c
254 § 6; 1987 c 488 § 4; 1975-’76 2nd ex.s. c 101 § 5.]
(2006 Ed.)
70.105.085
70.105.060
70.105.060 Review of rules, regulations, criteria and
fee schedules. All rules, regulations, criteria, and fee schedules adopted by the department to implement the provisions
of this chapter shall be reviewed by the solid waste advisory
committee for the purpose of recommending revisions, additions, or modifications thereto as provided for the review of
solid waste regulations and standards pursuant to chapter
70.95 RCW. [1975-’76 2nd ex.s. c 101 § 6.]
70.105.070
70.105.070 Criteria for receiving waste at disposal
site. The department may elect to receive dangerous waste at
the site provided under this chapter, provided
(1) it is upon request of the owner, producer, or person
having custody of the waste, and
(2) upon the payment of a fee to cover disposal
(3) it can be reasonably demonstrated that there is no
other disposal sites in the state that will handle such dangerous waste, and
(4) the site is designed to handle such a request or can be
modified to the extent necessary to adequately dispose of the
waste, or
(5) if a demonstrable emergency and potential threat to
the public health and safety exists. [1975-’76 2nd ex.s. c 101
§ 7.]
70.105.080
70.105.080 Violations—Civil penalties. (1) Except as
provided in RCW 43.05.060 through 43.05.080 and
43.05.150, every person who fails to comply with any provision of this chapter or of the rules adopted thereunder shall be
subjected to a penalty in an amount of not more than ten thousand dollars per day for every such violation. Each and every
such violation shall be a separate and distinct offense. In case
of continuing violation, every day’s continuance shall be a
separate and distinct violation. Every person who, through an
act of commission or omission, procures, aids, or abets in the
violation shall be considered to have violated the provisions
of this section and shall be subject to the penalty herein provided.
(2) The penalty provided for in this section shall be
imposed pursuant to the procedures in RCW 43.21B.300.
[1995 c 403 § 631; 1987 c 109 § 12; 1983 c 172 § 2; 1975-’76
2nd ex.s. c 101 § 8.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1983 c 172: See note following RCW 70.105.097.
70.105.085
70.105.085 Violations—Criminal penalties. (1) Any
person who knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of this
chapter is guilty of: (a) A class B felony punishable according to chapter 9A.20 RCW if the person knows at the time
that the conduct constituting the violation places another person in imminent danger of death or serious bodily injury; or
(b) a class C felony punishable according to chapter 9A.20
RCW if the person knows that the conduct constituting the
violation places any property of another person or any natural
[Title 70 RCW—page 335]
70.105.090
Title 70 RCW: Public Health and Safety
resources owned by the state of Washington or any of its
local governments in imminent danger of harm.
(2) As used in this section: (a) "Imminent danger" means
that there is a substantial likelihood that harm will be experienced within a reasonable period of time should the danger
not be eliminated; and (b) "knowingly" refers to an awareness
of facts, not awareness of law. [2003 c 53 § 357; 1989 c 2 §
15 (Initiative Measure No. 97, approved November 8, 1988).]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Short title—Captions—Construction—Existing agreements—
Effective date—Severability—1989 c 2: See RCW 70.105D.900 through
70.105D.921, respectively.
70.105.090
70.105.090 Violations—Gross misdemeanor. In addition to the penalties imposed pursuant to RCW 70.105.080,
any person who violates any provisions of this chapter, or of
the rules implementing this chapter, and any person who
knowingly aids or abets another in conducting any violation
of any provisions of this chapter, or of the rules implementing
this chapter, shall be guilty of a gross misdemeanor and upon
conviction thereof shall be punished by a fine of not less than
one hundred dollars nor more than ten thousand dollars,
and/or by imprisonment in the county jail for not more than
one year, for each separate violation. Each and every such
violation shall be a separate and distinct offense. In case of
continuing violation, every day’s continuance shall be a separate and distinct offense. [1984 c 237 § 1; 1983 c 172 § 3;
1975-’76 2nd ex.s. c 101 § 9.]
Severability—1983 c 172: See note following RCW 70.105.097.
70.105.095
70.105.095 Violations—Orders—Penalty for noncompliance—Appeal. (1) Whenever on the basis on any
information the department determines that a person has violated or is about to violate any provision of this chapter, the
department may issue an order requiring compliance either
immediately or within a specified period of time. The order
shall be delivered by registered mail or personally to the person against whom the order is directed.
(2) Any person who fails to take corrective action as
specified in a compliance order shall be liable for a civil penalty of not more than ten thousand dollars for each day of
continued noncompliance. In addition, the department may
suspend or revoke any permits and/or certificates issued
under the provisions of this chapter to a person who fails to
comply with an order directed against him.
(3) Any order may be appealed pursuant to RCW
43.21B.310. [1987 c 109 § 16; 1983 c 172 § 4.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1983 c 172: See note following RCW 70.105.097.
70.105.097
70.105.097 Action for damages resulting from violation—Attorneys’ fees. A person injured as a result of a violation of this chapter or the rules adopted thereunder may
bring an action in superior court for the recovery of the damages. A conviction or imposition of a penalty under this chapter is not a prerequisite to an action under this section.
The court may award reasonable attorneys’ fees to a prevailing injured party in an action under this section. [1983 c
172 § 1.]
[Title 70 RCW—page 336]
Severability—1983 c 172: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 172 § 5.]
70.105.100
70.105.100 Powers and duties of department. The
department in performing its duties under this chapter may:
(1) Conduct studies and coordinate research programs
pertaining to extremely hazardous waste management;
(2) Render technical assistance to generators of dangerous and extremely hazardous wastes and to state and local
agencies in the planning and operation of hazardous waste
programs;
(3) Encourage and provide technical assistance to waste
generators to form and operate a "waste exchange" for the
purpose of finding users for dangerous and extremely hazardous wastes that would otherwise be disposed of: PROVIDED, That such technical assistance shall not violate the
confidentiality of manufacturing processes; and
(4) Provide for appropriate surveillance and monitoring
of extremely hazardous waste disposal practices in the state.
[1975-’76 2nd ex.s. c 101 § 10.]
70.105.105
70.105.105 Duty of department to regulate PCB
waste. The department of ecology shall regulate under chapter 70.105 RCW, wastes generated from the salvaging,
rebuilding, or discarding of transformers or capacitors that
have been sold or otherwise transferred for salvage or disposal after the completion or termination of their useful lives
and which contain polychlorinated biphenyls (PCB’s) and
whose disposal is not regulated under 40 CFR part 761. Nothing in this section shall prohibit such wastes from being
incinerated or disposed of at facilities permitted to manage
PCB wastes under 40 CFR part 761. [1985 c 65 § 1.]
70.105.109
70.105.109 Regulation of wastes with radioactive and
hazardous components. The department of ecology may
regulate all hazardous wastes, including those composed of
both radioactive and hazardous components, to the extent it is
not preempted by federal law. [1987 c 488 § 2.]
70.105.110
70.105.110 Regulation of dangerous wastes associated with energy facilities. (1) Nothing in this chapter shall
alter, amend, or supersede the provisions of chapter 80.50
RCW, except that, notwithstanding any provision of chapter
80.50 RCW, regulation of dangerous wastes associated with
energy facilities from generation to disposal shall be solely
by the department pursuant to chapter 70.105 RCW. In the
implementation of said section, the department shall consult
and cooperate with the energy facility site evaluation council
and, in order to reduce duplication of effort and to provide
necessary coordination of monitoring and on-site inspection
programs at energy facility sites, any on-site inspection by
the department that may be required for the purposes of this
chapter shall be performed pursuant to an interagency coordination agreement with the council.
(2) To facilitate the implementation of this chapter, the
energy facility site evaluation council may require certificate
holders to remove from their energy facility sites any dangerous wastes, controlled by this chapter, within ninety days of
(2006 Ed.)
Hazardous Waste Management
their generation. [1987 c 488 § 3; 1984 c 237 § 3; 1975-’76
2nd ex.s. c 101 § 11.]
70.105.111
70.105.111 Radioactive wastes—Authority of
department of social and health services. Nothing in this
chapter diminishes the authority of the department of social
and health services to regulate the radioactive portion of
mixed wastes pursuant to chapter 70.98 RCW. [1987 c 488 §
5.]
70.105.112
70.105.112 Application of chapter to special incinerator ash. This chapter does not apply to special incinerator
ash regulated under chapter 70.138 RCW except that, for purposes of RCW 4.22.070(3)(a), special incinerator ash shall be
considered hazardous waste. [1987 c 528 § 9.]
Severability—1987 c 528: See RCW 70.138.902.
70.105.116
70.105.116 Hazardous substance remedial actions—
Procedural requirements not applicable. The procedural
requirements of this chapter shall not apply to any person
conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The
department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent
decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or during the department-conducted remedial
action, through the procedures developed by the department
pursuant to RCW 70.105D.090. [1994 c 257 § 17.]
Severability—1994 c 257: See note following RCW 36.70A.270.
70.105.120
70.105.120 Authority of attorney general. At the
request of the department, the attorney general is authorized
to bring such injunctive, declaratory, or other actions to
enforce any requirement of this chapter. [1980 c 144 § 2.]
70.105.150
(e) Adopt rules necessary to implement this section.
[1980 c 144 § 1.]
70.105.135
70.105.135 Copies of notification forms or annual
reports to officials responsible for fire protection. Any
person who generates, treats, stores, disposes, or otherwise
handles dangerous or extremely hazardous wastes shall provide copies of any notification forms, or annual reports that
are required pursuant to RCW 70.105.130 to the fire departments or fire districts that service the areas in which the
wastes are handled upon the request of the fire departments or
fire districts. In areas that are not serviced by a fire department or fire district, the forms or reports shall be provided to
the sheriff or other county official designated pursuant to
*RCW 48.48.060 upon the request of the sheriff or other
county official. This section shall not apply to the transportation of hazardous wastes. [1986 c 82 § 1.]
*Reviser’s note: RCW 48.48.060 was recodified as RCW 43.44.050
pursuant to 2006 c 25 § 13.
70.105.140
70 .10 5.1 40 Ru les implem en ted u nder RCW
7 0 . 1 0 5 . 1 3 0 —R e v ie w. R u le s i m p l em en t in g R C W
70.105.130 shall be submitted to the house and senate committees on ecology for review prior to being adopted in accordance with chapter 34.05 RCW. [1980 c 144 § 3.]
70.105.145
70.105.145 Department’s authority to participate in
and administer federal act. Notwithstanding any other provision of chapter 70.105 RCW, the department of ecology is
empowered to participate fully in and is empowered to
administer all aspects of the programs of the federal Resource
Conservation and Recovery Act, as it exists on June 7, 1984,
(42 U.S.C. Sec. 6901 et seq.), contemplated for participation
and administration by a state under that act. [1984 c 237 § 2;
1983 c 270 § 2.]
Severability—1983 c 270: See note following RCW 90.48.260.
70.105.150
70.105.130
70.105.130 Department’s powers as designated
agency under federal act. (1) The department is designated
as the state agency for implementing the federal resource
conservation and recovery act (42 U.S.C. Sec. 6901 et seq.).
(2) The power granted to the department by this section
is the authority to:
(a) Establish a permit system for owners or operators of
facilities which treat, store, or dispose of dangerous wastes:
PROVIDED, That spent containers of pesticides or herbicides which have been used in normal farm operations and
which are not extremely hazardous wastes, shall not be subject to the permit system;
(b) Establish standards for the safe transport, treatment,
storage, and disposal of dangerous wastes as may be necessary to protect human health and the environment;
(c) Establish, to implement this section:
(i) A manifest system to track dangerous wastes;
(ii) Reporting, monitoring, recordkeeping, labeling,
sampling requirements; and
(iii) Owner, operator, and transporter responsibility;
(d) Enter at reasonable times establishments regulated
under this section for the purposes of inspection, monitoring,
and sampling; and
(2006 Ed.)
70.105.150 Declaration—Management of hazardous
waste—Priorities—Definitions. The legislature hereby
declares that:
(1) The health and welfare of the people of the state
depend on clean and pure environmental resources unaffected by hazardous waste contamination. Management and
regulation of hazardous waste disposal should encourage
practices which result in the least amount of waste being produced. Towards that end, the legislature finds that the following priorities in the management of hazardous waste are necessary and should be followed in order of descending priority
as applicable:
(a) Waste reduction;
(b) Waste recycling;
(c) Physical, chemical, and biological treatment;
(d) Incineration;
(e) Solidification/stabilization treatment;
(f) Landfill.
(2) As used in this section:
(a) "Waste reduction" means reducing waste so that hazardous byproducts are not produced;
(b) "Waste recycling" means reusing waste materials and
extracting valuable materials from a waste stream;
[Title 70 RCW—page 337]
70.105.160
Title 70 RCW: Public Health and Safety
(c) "Physical, chemical, and biological treatment" means
processing the waste to render it completely innocuous, produce a recyclable byproduct, reduce toxicity, or substantially
reduce the volume of material requiring disposal;
(d) "Incineration" means reducing the volume or toxicity
of wastes by use of an enclosed device using controlled flame
combustion;
(e) "Solidification/stabilization treatment" means the use
of encapsulation techniques to solidify wastes and make them
less permeable or leachable; and
(f) "Landfill" means a disposal facility, or part of a facility, at which waste is placed in or on land and which is not a
land treatment facility, surface impoundment, or injection
well. [1983 1st ex.s. c 70 § 1.]
70.105.160
70.105.160 Waste management study—Public hearings—Adoption or modification of rules. The department
shall conduct a study to determine the best management practices for categories of waste for the priority waste management methods established in RCW 70.105.150, with due consideration in the course of the study to sound environmental
management and available technology. As an element of the
study, the department shall review methods that will help
achieve the priority of RCW 70.105.150(1)(a), waste reduction. Before issuing any proposed rules, the department shall
conduct public hearings regarding the best management practices for the various waste categories studied by the department. After conducting the study, the department shall prepare new rules or modify existing rules as appropriate to promote implementation of the priorities established in RCW
70.105.150 for management practices which assure use of
sound environmental management techniques and available
technology. The preliminary study shall be completed by July
1, 1986, and the rules shall be adopted by July 1, 1987. The
solid waste advisory committee shall review the studies and
the new or modified rules.
The studies shall be updated at least once every five
years. The funding for these studies shall be from the hazardous waste control and elimination account, subject to legislative appropriation. [1998 c 245 § 110; 1984 c 254 § 2; 1983
1st ex.s. c 70 § 2.]
Severability—1984 c 254: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 254 § 3.]
70.105.165
70.105.165 Disposal of dangerous wastes at commercial off-site land disposal facilities—Limitations. (1) Independent of the processing or issuance of any or all federal,
state, and local permits for disposal of dangerous wastes, no
disposal of dangerous wastes at a commercial off-site land
disposal facility may be undertaken prior to July 1, 1986,
unless:
(a) The disposal results from actions taken under *RCW
70.105A.060 (2) and (3), or results from other emergency situations; or
(b) Studies undertaken by the department under RCW
70.105.160 to determine the best management practices for
various waste categories under the priority waste management methods established in RCW 70.105.150 are completed
for the particular wastes or waste categories to be disposed of
[Title 70 RCW—page 338]
and any regulatory revisions deemed necessary by the department are proposed and do not prohibit land disposal of such
wastes; or
(c) Final regulations have been adopted by the department that allow for such disposal.
(2) Construction of facilities used solely for the purpose
of disposal of wastes that have not met the requirements of
subsection (1) of this section shall not be undertaken by any
developer of a dangerous waste disposal facility.
(3) The department shall prioritize the studies of waste
categories undertaken under RCW 70.105.160 to provide initial consideration of those categories most likely to be suitable for land disposal. Any regulatory changes deemed necessary by the department shall be proposed and subjected to
the rule-making process by category as the study of each
waste category is completed. All of the study shall be completed, and implementing regulations proposed, by July 1,
1986.
(4) Any final permit issued by the department before the
adoption of rules promulgated as a result of the study conducted under RCW 70.105.160 shall be modified as necessary to be consistent with such rules. [1984 c 254 § 1.]
*Reviser’s note: RCW 70.105A.060 was repealed by 1990 c 114 § 21.
Severability—1984 c 254: See note following RCW 70.105.160.
70.105.170
70.105.170 Waste management—Consultative services—Technical assistance—Confidentiality. Consistent
with the purposes of RCW 70.105.150 and 70.105.160, the
department is authorized to promote the priority waste management methods listed in RCW 70.105.150 by establishing
or assisting in the establishment of: (1) Consultative services
which, in conjunction with any business or industry requesting such service, study and recommend alternative waste
management practices; and (2) technical assistance, such as a
toll-free telephone service, to persons interested in waste
management alternatives. Any person receiving such service
or assistance may, in accordance with state law, request confidential treatment of information about their manufacturing
or business practices. [1983 1st ex.s. c 70 § 3.]
70.105.180
70.105.180 Disposition of fines and penalties—Earnings. All fines and penalties collected under this chapter
shall be deposited in the hazardous waste control and elimination account, which is hereby created in the state treasury.
Moneys in the account collected from fines and penalties
shall be expended exclusively by the department of ecology
for the purposes of chapter 70, Laws of 1983 1st ex. sess.,
subject to legislative appropriation. Other sources of funds
deposited in this account may also be used for the purposes of
chapter 70, Laws of 1983 1st ex. sess. All earnings of investments of balances in the hazardous waste control and elimination account shall be credited to the general fund. [1985 c
57 § 70; 1983 1st ex.s. c 70 § 4.]
Effective date—1985 c 57: See note following RCW 18.04.105.
70.105.200
70.105.200 Hazardous waste management plan. (1)
The department shall develop, and shall update at least once
every five years, a state hazardous waste management plan.
The plan shall include, but shall not be limited to, the following elements:
(2006 Ed.)
Hazardous Waste Management
(a) A state inventory and assessment of the capacity of
existing facilities to treat, store, dispose, or otherwise manage
hazardous waste;
(b) A forecast of future hazardous waste generation;
(c) A description of the plan or program required by
RCW 70.105.160 to promote the waste management priorities established in RCW 70.105.150;
(d) Siting criteria as appropriate for hazardous waste
management facilities, including such criteria as may be
appropriate for the designation of eligible zones for designated zone facilities. However, these criteria shall not prevent
the continued operation, at or below the present level of
waste management activity, of existing facilities on the basis
of their location in areas other than those designated as eligible zones pursuant to RCW 70.105.225;
(e) Siting policies as deemed appropriate by the department; and
(f) A plan or program to provide appropriate public
information and education relating to hazardous waste management. The department shall ensure to the maximum
degree practical that these plans or programs are coordinated
with public education programs carried out by local government under RCW 70.105.220.
(2) The department shall seek, encourage, and assist participation in the development, revision, and implementation
of the state hazardous waste management plan by interested
citizens, local government, business and industry, environmental groups, and other entities as appropriate.
(3) Siting criteria shall be completed by December 31,
1986. Other plan components listed in subsection (1) of this
section shall be completed by June 30, 1987.
(4) The department shall incorporate into the state hazardous waste management plan those elements of the local
hazardous waste management plans that it deems necessary
to assure effective and coordinated programs throughout the
state. [1985 c 448 § 4.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.210
70.105.210 Hazardous waste management facilities—Department to develop criteria for siting. By May
31, 1990, the department shall develop and adopt criteria for
the siting of hazardous waste management facilities. These
criteria will be part of the state hazardous waste management
plan as described in RCW 70.105.200. To the extent practical, these criteria shall be designed to minimize the shortterm and long-term risks and costs that may result from hazardous waste management facilities. These criteria may vary
by type of facilities and may consider natural site characteristics and engineered protection. Criteria may be established
for:
(1) Geology;
(2) Surface and groundwater hydrology;
(3) Soils;
(4) Flooding;
(5) Climatic factors;
(6) Unique or endangered flora and fauna;
(7) Transportation routes;
(8) Site access;
(9) Buffer zones;
(10) Availability of utilities and public services;
(2006 Ed.)
70.105.220
(11) Compatibility with existing uses of land;
(12) Shorelines and wetlands;
(13) Sole-source aquifers;
(14) Natural hazards; and
(15) Other factors as determined by the department.
[1989 1st ex.s. c 13 § 2; 1985 c 448 § 5.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.215
70.105.215 Department to adopt rules for permits for
hazardous substances treatment facilities. The legislature
recognizes the need for new, modified, or expanded facilities
to treat, incinerate, or otherwise process or dispose of hazardous substances safely. In order to encourage the development
of such facilities, the department shall adopt rules as necessary regarding the permitting of such facilities to ensure the
most expeditious permit processing possible consistent with
the substantive requirements of applicable law. If owners and
operators are not the same entity, the operator shall be the
permit applicant and responsible for the development of the
permit application and all accompanying materials, as long as
the owner also signs the application and certifies its ownership of the real property described in the application, and
acknowledges its awareness of the contents of the application
and receipt of a copy thereof. [1986 c 210 § 3.]
70.105.217
70.105.217 Local government regulatory authority to
prohibit or condition. Nothing in this chapter shall alter or
affect the regulatory authority of a county, city, or jurisdictional health district to condition or prohibit the acceptance of
hazardous waste in a county or city landfill. [1994 c 254 § 7.]
70.105.220
70.105.220 Local governments to prepare local hazardous waste plans—Basis—Elements required. (1) Each
local government, or combination of contiguous local governments, is directed to prepare a local hazardous waste plan
which shall be based on state guidelines and include the following elements:
(a) A plan or program to manage moderate-risk wastes
that are generated or otherwise present within the jurisdiction. This element shall include an assessment of the quantities, types, generators, and fate of moderate-risk wastes in the
jurisdiction. The purpose of this element is to develop a system of managing moderate-risk waste, appropriate to each
local area, to ensure protection of the environment and public
health;
(b) A plan or program to provide for ongoing public
involvement and public education in regard to the management of moderate-risk waste. This element shall provide
information regarding:
(i) The potential hazards to human health and the environment resulting from improper use and disposal of the
waste; and
(ii) Proper methods of handling, reducing, recycling, and
disposing of the waste;
(c) An inventory of all existing generators of hazardous
waste and facilities managing hazardous waste within the
jurisdiction. This inventory shall be based on data provided
by the department;
(d) A description of the public involvement process used
in developing the plan;
[Title 70 RCW—page 339]
70.105.221
Title 70 RCW: Public Health and Safety
(e) A description of the eligible zones designated in
accordance with RCW 70.105.225. However, the requirement to designate eligible zones shall not be considered part
of the local hazardous waste planning requirements; and
(f) Other elements as deemed appropriate by local government.
(2) To the maximum extent practicable, the local hazardous waste plan shall be coordinated with other hazardous
materials-related plans and policies in the jurisdiction.
(3) Local governments shall coordinate with those persons involved in providing privately owned hazardous and
moderate-risk waste facilities and services as follows: If a
local government determines that a moderate-risk waste will
be or is adequately managed by one or more privately owned
facilities or services at a reasonable price, the local government shall take actions to encourage the use of that private
facility or service. Actions taken by a local government under
this subsection may include, but are not limited to, restricting
or prohibiting the land disposal of a moderate-risk waste at
any transfer station or land disposal facility within its jurisdiction.
(4)(a) The department shall prepare guidelines for the
development of local hazardous waste plans. The guidelines
shall be prepared in consultation with local governments and
shall be completed by December 31, 1986. The guidelines
shall include a list of substances identified as hazardous
household substances.
(b) In preparing the guidelines under (a) of this subsection, the department shall review and assess information on
pilot projects that have been conducted for moderate-risk
waste management. The department shall encourage additional pilot projects as needed to provide information to
improve and update the guidelines.
(5) The department shall consult with retailers, trade
associations, public interest groups, and appropriate units of
local government to encourage the development of voluntary
public education programs on the proper handling of hazardous household substances.
(6) Local hazardous waste plans shall be completed and
submitted to the department no later than June 30, 1990.
Local governments may from time to time amend the local
plan.
(7) Each local government, or combination of contiguous local governments, shall submit its local hazardous waste
plan or amendments thereto to the department. The department shall approve or disapprove local hazardous waste plans
or amendments by December 31, 1990, or within ninety days
of submission, whichever is later. The department shall
approve a local hazardous waste plan if it determines that the
plan is consistent with this chapter and the guidelines under
subsection (4) of this section. If approval is denied, the
department shall submit its objections to the local government within ninety days of submission. However, for plans
submitted between January 1, 1990, and June 30, 1990, the
department shall have one hundred eighty days to submit its
objections. No local government is eligible for grants under
RCW 70.105.235 for implementing a local hazardous waste
plan unless the plan for that jurisdiction has been approved by
the department.
[Title 70 RCW—page 340]
(8) Each local government, or combination of contiguous local governments, shall implement the local hazardous
waste plan for its jurisdiction by December 31, 1991.
(9) The department may waive the specific requirements
of this section for any local government if such local government demonstrates to the satisfaction of the department that
the objectives of the planning requirements have been met.
[1992 c 17 § 1; 1986 c 210 § 1; 1985 c 448 § 6.]
Severability—1985 c 448: See note following RCW 70.105.005.
Used oil recycling element: RCW 70.95I.020.
70.105.221
70.105.221 Local governments to prepare local hazardous waste plans—Used oil recycling element. Local
governments and combinations of local governments shall
amend their local hazardous waste plans required under
RCW 70.105.220 to comply with RCW 70.95I.020. [1991 c
319 § 312.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
70.105.225
70.105.225 Local governments to designate zones—
Departmental guidelines—Approval of local government
zone designations or amendments—Exemption. (1) Each
local government, or combination of contiguous local governments, is directed to: (a) Demonstrate to the satisfaction
of the department that existing zoning allows designated zone
facilities as permitted uses; or (b) designate land use zones
within its jurisdiction in which designated zone facilities are
permitted uses. The zone designations shall be consistent
with the state siting criteria adopted in accordance with RCW
70.105.210, except as may be approved by the department in
accordance with subsection (6) of this section.
(2) Local governments shall not prohibit the processing
or handling of hazardous waste in zones in which the processing or handling of hazardous substances is not prohibited.
This subsection does not apply in residential zones.
(3) The department shall prepare guidelines, as appropriate, for the designation of zones under this section. The
guidelines shall be prepared in consultation with local governments and shall be completed by December 31, 1986.
(4) The initial designation of zones shall be completed or
revised, and submitted to the department within eighteen
months after the enactment of siting criteria in accordance
with RCW 70.105.210. Local governments that do not comply with this submittal deadline shall be subject to the preemptive provisions of RCW 70.105.240(4) until such time as
zone designations are completed and approved by the department. Local governments may from time to time amend their
designated zones.
(5) Local governments without land use zoning provisions shall designate eligible geographic areas within their
jurisdiction, based on siting criteria adopted in accordance
with RCW 70.105.210. The area designation shall be subject
to the same requirements as if they were zone designations.
(6) Each local government, or combination of contiguous local governments, shall submit its designation of zones
or amendments thereto to the department. The department
shall approve or disapprove zone designations or amendments within ninety days of submission. The department
shall approve eligible zone designations if it determines that
(2006 Ed.)
Hazardous Waste Management
the proposed zone designations are consistent with this chapter, the applicable siting criteria, and guidelines for developing designated zones: PROVIDED, That the department
shall consider local zoning in place as of January 1, 1985, or
other special situations or conditions which may exist in the
jurisdiction. If approval is denied, the department shall state
within ninety days from the date of submission the facts upon
which that decision is based and shall submit the statement to
the local government together with any other comments or
recommendations it deems appropriate. The local government shall have ninety days after it receives the statement
from the department to make modifications designed to eliminate the inconsistencies and resubmit the designation to the
department for approval. Any designations shall take effect
when approved by the department.
(7) The department may exempt a local government
from the requirements of this section if:
(a) Regulated quantities of hazardous waste have not
been generated within the jurisdiction during the two calendar years immediately preceding the calendar year during
which the exemption is requested; and
(b) The local government can demonstrate to the satisfaction of the department that no significant portion of land
within the jurisdiction can meet the siting criteria adopted in
accordance with RCW 70.105.210. [1989 1st ex.s. c 13 § 1;
1985 c 448 § 7.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.230
70.105.230 Local governments to submit letter of
intent to identify or designate zones and submit management plans—Department to prepare plan in event of failure to act. (1) Each local government is directed to submit to
the director of the department by October 31, 1987, a letter of
intent stating that it intends to (a) identify, or designate if necessary, eligible zones for designated zone facilities no later
than June 30, 1988, and (b) submit a complete local hazardous waste management plan to the department no later than
June 30, 1990. The letters shall also indicate whether these
requirements will be completed in conjunction with other
local governments.
(2) If any local government fails to submit a letter as provided in subsection (1)(b) of this section, or fails to adopt a
local hazardous waste plan for its jurisdiction in accordance
with the time schedule provided in this chapter, or fails to
secure approval from the department for its local hazardous
waste plan in accordance with the time schedule provided in
this chapter, the department shall prepare a hazardous waste
plan for the local jurisdiction. [1985 c 448 § 8.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.235
70.105.235 Grants to local governments for plan
preparation, implementation, and designation of zones—
Matching funds—Qualifications. (1) Subject to legislative
appropriations, the department may make and administer
grants to local governments for (a) preparing and updating
local hazardous waste plans, (b) implementing approved
local hazardous waste plans, and (c) designating eligible
zones for designated zone facilities as required under this
chapter.
(2006 Ed.)
70.105.240
(2) Local governments shall match the funds provided by
the department for planning or designating zones with an
amount not less than twenty-five percent of the estimated
cost of the work to be performed. Local governments may
meet their share of costs with cash or contributed services.
Local governments, or combination of contiguous local governments, conducting pilot projects pursuant to RCW
70.105.220(4) may subtract the cost of those pilot projects
conducted for hazardous household substances from their
share of the cost. If a pilot project has been conducted for all
moderate-risk wastes, only the portion of the cost that applies
to hazardous household substances shall be subtracted. The
matching funds requirement under this subsection shall be
waived for local governments, or combination of contiguous
local governments, that complete and submit their local hazardous waste plans under RCW 70.105.220(6) prior to June
30, 1988.
(3) Recipients of grants shall meet such qualifications
and follow such procedures in applying for and using grants
as may be established by the department. [1986 c 210 § 2;
1985 c 448 § 9.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.240
70.105.240 State preemption—Department sole
authority—Local requirements superseded—State
authority over designated zone facilities. (1) As of July 28,
1985, the state preempts the field of state, regional, or local
permitting and regulating of all preempted facilities as
defined in this chapter. The department of ecology is designated the sole decision-making authority with respect to permitting and regulating such facilities and no other state
agency, department, division, bureau, commission, or board,
or any local or regional political subdivision of the state, shall
have any permitting or regulatory authority with respect to
such facilities including, but not limited to, the location, construction, and operation of such facilities. Permits issued by
the department shall be in lieu of any and all permits, approvals, certifications, or conditions of any other state, regional,
or local governmental authority which would otherwise
apply.
(2) The department shall ensure that any permits issued
under this chapter invoking the preemption authority of this
section meet the substantive requirements of existing state
laws and regulations to the extent such laws and regulations
are not inconsistent or in conflict with any of the provisions
of this chapter. In the event that any of the provisions of this
chapter, or any of the regulations promulgated hereunder, are
in conflict with any other state law or regulations, such other
law or regulations shall be deemed superseded for purposes
of this chapter.
(3) As of July 28, 1985, any ordinances, regulations,
requirements, or restrictions of regional or local governmental authorities regarding the location, construction, or operation of preempted facilities shall be deemed superseded.
However, in issuing permits under this section, the department shall consider local fire and building codes and condition such permits as appropriate in compliance therewith.
(4) Effective July 1, 1988, the department shall have the
same preemptive authority as defined in subsections (1)
through (3) of this section in regard to any designated zone
[Title 70 RCW—page 341]
70.105.245
Title 70 RCW: Public Health and Safety
facility that may be proposed in any jurisdiction where the
designation of eligible zones pursuant to RCW 70.105.225
has not been completed and approved by the department.
Unless otherwise preempted by this subsection, designated
zone facilities shall be subject to all applicable state and local
laws, regulations, plans, and other requirements. [1985 c 448
§ 10.]
70.105.270
70.105.270 Requirements of RCW 70.105.200
through 70.105.230 and 70.105.240(4) not mandatory
without legislative appropriation. The requirements of
RCW 70.105.200 through 70.105.230 and 70.105.240(4)
shall not become mandatory until funding is appropriated by
the legislature. [1985 c 448 § 15.]
Severability—1985 c 448: See note following RCW 70.105.005.
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.280
70.105.245
70.105.245 Department may require notice of intent
for management facility permit. The department may
adopt rules to require any person who intends to file an application for a permit for a hazardous waste management facility
to file a notice of intent with the department prior to submitting the application. [1985 c 448 § 11.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.250
70.105.250 Appeals to pollution control hearings
board. Any disputes between the department and the governing bodies of local governments in regard to the local
planning requirements under RCW 70.105.220 and the designation of zones under RCW 70.105.225 may be appealed by
the department or the governing body of the local government to the pollution control hearings board established
under chapter 43.21B RCW. [1985 c 448 § 12.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.255
70.105.255 Department to provide technical assistance with local plans. The department shall provide technical assistance to local governments in the preparation,
review, revision, and implementation of local hazardous
waste plans. [1985 c 448 § 13.]
Severability—1985 c 448: See note following RCW 70.105.005.
70.105.260
70.105.260 Department to assist conflict resolution
activities related to siting facilities—Agreements may
constitute conditions for permit. (1) In order to promote
identification, discussion, negotiation, and resolution of
issues related to siting of hazardous waste management facilities, the department:
(a) Shall compile and maintain information on the use
and availability of conflict resolution techniques and make
this information available to industries, state and local government officials, and other citizens;
(b) Shall encourage and assist in facilitating conflict resolution activities, as appropriate, between facility proponents, host communities, and other interested persons;
(c) May adopt rules specifying procedures for facility
proponents, host communities, and citizens to follow in providing opportunities for conflict resolution activities, including the use of dispute resolution centers established pursuant
to chapter 7.75 RCW; and
(d) May expend funds to support such conflict resolution
activities, and may adopt rules as appropriate to govern the
support.
(2) Any agreements reached under the processes
described in subsection (1) of this section and deemed valid
by the department may be written as conditions binding on a
permit issued under this chapter. [1985 c 448 § 14.]
Severability—1985 c 448: See note following RCW 70.105.005.
[Title 70 RCW—page 342]
70.105.280 Service charges. (1) The department may
assess reasonable service charges against those facilities that
store, treat, incinerate, or dispose of dangerous or extremely
hazardous waste that contains both a nonradioactive hazardous component and a radioactive component or which are
undergoing closure under this chapter in those instances
where closure entails the physical characterization of remaining wastes which contain both a nonradioactive hazardous
component and a radioactive component or the management
of such wastes through treatment or removal, except any
commercial low-level radioactive waste facility. Service
charges may not exceed the costs to the department in carrying out the duties of this section.
(2) Program elements or activities for which service
charges may be assessed include:
(a) Office, staff, and staff support for the purposes of
facility or unit permit development, review, and issuance;
and
(b) Actions taken to determine and ensure compliance
with the state’s hazardous waste management act.
(3) Moneys collected through the imposition of such service charges shall be deposited in the state toxics control
account.
(4) The department shall adopt rules necessary to implement this section. Facilities that store, treat, incinerate, or dispose of dangerous or extremely hazardous waste that contains both a nonradioactive hazardous component and a
radioactive component shall not be subject to service charges
prior to such rule making. Facilities undergoing closure under
this chapter in those instances where closure entails the physical characterization of remaining wastes which contain both
a nonradioactive hazardous component and a radioactive
component or the management of such wastes through treatment or removal shall not be subject to service charges prior
to such rule making. [1989 c 376 § 2.]
Severability—1989 c 376: See note following RCW 70.105.010.
70.105.300
70.105.300 Metals mining and milling operations
permits—Inspections by department of ecology. If a metals mining and milling operation is issued a permit pursuant
to this chapter, then it will be subject to special inspection
requirements. The department of ecology shall inspect these
mining operations at least quarterly in order to ensure that the
operation is in compliance with the conditions of any permit
issued to it pursuant to this chapter. The department shall
conduct additional inspections during the construction phase
of the mining operation in order to ensure compliance with
this chapter. [1994 c 232 § 19.]
Severability—1994 c 232: See RCW 78.56.900.
Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.
(2006 Ed.)
Hazardous Waste Fees
70.105.900
70.105.900 Short title—1985 c 448. This chapter shall
be known and may be cited as the hazardous waste management act. [1985 c 448 § 16.]
Severability—1985 c 448: See note following RCW 70.105.005.
Chapter 70.105A
Chapter 70.105A RCW
HAZARDOUS WASTE FEES
Sections
70.105A.035
Revision of fees to provide a waste reduction and recycling
incentive.
Hazardous waste management: Chapter 70.105 RCW.
70.105A.035 Revision of fees to provide a waste
reduction and recycling incentive. The legislature is
encouraged to revise the hazardous waste fees prescribed in
*RCW 70.105A.030 in a manner which provides an incentive
for waste reduction and recycling. If prior to March 1, 1989,
*RCW 70.105A.030 as it existed on August 1, 1987, has not
been amended in a manner which specifically provides an
incentive for hazardous waste reduction and recycling, then
(1) the requirement to pay the fees prescribed in that section
is eliminated solely for fees due and payable on June 30,
1989; and (2) the department of ecology shall prepare, and
submit to the legislature by January 1, 1990, a proposed revision designed to provide an incentive for hazardous waste
reduction and recycling. [1989 c 2 § 16 (Initiative Measure
No. 97, approved November 8, 1988).]
70.105A.035
*Reviser’s note: RCW 70.105A.030 was repealed by 1990 c 114 § 21.
Short title—Captions—Construction—Existing agreements—
Effective date—Severability—1989 c 2: See RCW 70.105D.900 through
70.105D.921, respectively.
Chapter 70.105D RCW
HAZARDOUS WASTE CLEANUP—MODEL TOXICS
CONTROL ACT
Chapter 70.105D
Sections
70.105D.010
70.105D.020
70.105D.030
70.105D.040
70.105D.050
70.105D.055
70.105D.060
70.105D.070
70.105D.080
70.105D.090
70.105D.100
70.105D.110
70.105D.900
70.105D.905
70.105D.910
70.105D.915
70.105D.920
70.105D.921
Declaration of policy.
Definitions.
Department’s powers and duties.
Standard of liability—Settlement.
Enforcement.
Lien authority.
Timing of review.
Toxics control accounts.
Private right of action—Remedial action costs.
Remedial actions—Exemption from procedural requirements.
Grants to local governments—Statement of environmental
benefits—Development of outcome-focused performance
measures.
Releases of hazardous substances—Notice—Exemptions.
Short title—1989 c 2.
Captions—1989 c 2.
Construction—1989 c 2.
Existing agreements—1989 c 2.
Effective date—1989 c 2.
Severability—1989 c 2.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
70.105D.010
70.105D.010 Declaration of policy. (1) Each person
has a fundamental and inalienable right to a healthful environment, and each person has a responsibility to preserve and
enhance that right. The beneficial stewardship of the land, air,
(2006 Ed.)
70.105D.020
and waters of the state is a solemn obligation of the present
generation for the benefit of future generations.
(2) A healthful environment is now threatened by the
irresponsible use and disposal of hazardous substances.
There are hundreds of hazardous waste sites in this state, and
more will be created if current waste practices continue. Hazardous waste sites threaten the state’s water resources,
including those used for public drinking water. Many of our
municipal landfills are current or potential hazardous waste
sites and present serious threats to human health and environment. The costs of eliminating these threats in many cases are
beyond the financial means of our local governments and
ratepayers. The main purpose of chapter 2, Laws of 1989 is to
raise sufficient funds to clean up all hazardous waste sites and
to prevent the creation of future hazards due to improper disposal of toxic wastes into the state’s land and waters.
(3) Many farmers and small business owners who have
followed the law with respect to their uses of pesticides and
other chemicals nonetheless may face devastating economic
consequences because their uses have contaminated the environment or the water supplies of their neighbors. With a
source of funds, the state may assist these farmers and business owners, as well as those persons who sustain damages,
such as the loss of their drinking water supplies, as a result of
the contamination.
(4) It is in the public’s interest to efficiently use our finite
land base, to integrate our land use planning policies with our
clean-up policies, and to clean up and reuse contaminated
industrial properties in order to minimize industrial development pressures on undeveloped land and to make clean land
available for future social use.
(5) Because it is often difficult or impossible to allocate
responsibility among persons liable for hazardous waste sites
and because it is essential that sites be cleaned up well and
expeditiously, each responsible person should be liable
jointly and severally.
(6) Because releases of hazardous substances can
adversely affect the health and welfare of the public, the environment, and property values, it is in the public interest that
affected communities be notified of where releases of hazardous substances have occurred and what is being done to clean
them up. [2002 c 288 § 1; 1994 c 254 § 1; 1989 c 2 § 1 (Initiative Measure No. 97, approved November 8, 1988).]
Severability—2002 c 288: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 288 § 5.]
70.105D.020
70.105D.020 Definitions. (1) "Agreed order" means an
order issued by the department under this chapter with which
the potentially liable person receiving the order agrees to
comply. An agreed order may be used to require or approve
any cleanup or other remedial actions but it is not a settlement
under RCW 70.105D.040(4) and shall not contain a covenant
not to sue, or provide protection from claims for contribution,
or provide eligibility for public funding of remedial actions
under RCW 70.105D.070(2)(d)(xi).
(2) "Department" means the department of ecology.
(3) "Director" means the director of ecology or the director’s designee.
[Title 70 RCW—page 343]
70.105D.020
Title 70 RCW: Public Health and Safety
(4) "Facility" means (a) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a
sewer or publicly owned treatment works), well, pit, pond,
lagoon, impoundment, ditch, landfill, storage container,
motor vehicle, rolling stock, vessel, or aircraft, or (b) any site
or area where a hazardous substance, other than a consumer
product in consumer use, has been deposited, stored, disposed of, or placed, or otherwise come to be located.
(5) "Federal cleanup law" means the federal comprehensive environmental response, compensation, and liability act
of 1980, 42 U.S.C. Sec. 9601 et seq., as amended by Public
Law 99-499.
(6) "Foreclosure and its equivalents" means purchase at
a foreclosure sale, acquisition, or assignment of title in lieu of
foreclosure, termination of a lease, or other repossession,
acquisition of a right to title or possession, an agreement in
satisfaction of the obligation, or any other comparable formal
or informal manner, whether pursuant to law or under warranties, covenants, conditions, representations, or promises
from the borrower, by which the holder acquires title to or
possession of a facility securing a loan or other obligation.
(7) "Hazardous substance" means:
(a) Any dangerous or extremely hazardous waste as
defined in RCW 70.105.010 (5) and (6), or any dangerous or
extremely dangerous waste designated by rule pursuant to
chapter 70.105 RCW;
(b) Any hazardous substance as defined in RCW
70.105.010(14) or any hazardous substance as defined by
rule pursuant to chapter 70.105 RCW;
(c) Any substance that, on March 1, 1989, is a hazardous
substance under section 101(14) of the federal cleanup law,
42 U.S.C. Sec. 9601(14);
(d) Petroleum or petroleum products; and
(e) Any substance or category of substances, including
solid waste decomposition products, determined by the director by rule to present a threat to human health or the environment if released into the environment.
The term hazardous substance does not include any of
the following when contained in an underground storage tank
from which there is not a release: Crude oil or any fraction
thereof or petroleum, if the tank is in compliance with all
applicable federal, state, and local law.
(8) "Independent remedial actions" means remedial
actions conducted without department oversight or approval,
and not under an order, agreed order, or consent decree.
(9) "Holder" means a person who holds indicia of ownership primarily to protect a security interest. A holder
includes the initial holder such as the loan originator, any
subsequent holder such as a successor-in-interest or subsequent purchaser of the security interest on the secondary market, a guarantor of an obligation, surety, or any other person
who holds indicia of ownership primarily to protect a security
interest, or a receiver, court-appointed trustee, or other person
who acts on behalf or for the benefit of a holder. A holder can
be a public or privately owned financial institution, receiver,
conservator, loan guarantor, or other similar persons that loan
money or guarantee repayment of a loan. Holders typically
are banks or savings and loan institutions but may also
include others such as insurance companies, pension funds,
or private individuals that engage in loaning of money or
credit.
[Title 70 RCW—page 344]
(10) "Indicia of ownership" means evidence of a security
interest, evidence of an interest in a security interest, or evidence of an interest in a facility securing a loan or other obligation, including any legal or equitable title to a facility
acquired incident to foreclosure and its equivalents. Evidence of such interests includes, mortgages, deeds of trust,
sellers interest in a real estate contract, liens, surety bonds,
and guarantees of obligations, title held pursuant to a lease
financing transaction in which the lessor does not select initially the leased facility, or legal or equitable title obtained
pursuant to foreclosure and their equivalents. Evidence of
such interests also includes assignments, pledges, or other
rights to or other forms of encumbrance against the facility
that are held primarily to protect a security interest.
(11) "Operating a facility primarily to protect a security
interest" occurs when all of the following are met: (a) Operating the facility where the borrower has defaulted on the
loan or otherwise breached the security agreement; (b) operating the facility to preserve the value of the facility as an
ongoing business; (c) the operation is being done in anticipation of a sale, transfer, or assignment of the facility; and (d)
the operation is being done primarily to protect a security
interest. Operating a facility for longer than one year prior to
foreclosure or its equivalents shall be presumed to be operating the facility for other than to protect a security interest.
(12) "Owner or operator" means:
(a) Any person with any ownership interest in the facility
or who exercises any control over the facility; or
(b) In the case of an abandoned facility, any person who
had owned, or operated, or exercised control over the facility
any time before its abandonment;
The term does not include:
(i) An agency of the state or unit of local government
which acquired ownership or control through a drug forfeiture action under RCW 69.50.505, or involuntarily through
bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title.
This exclusion does not apply to an agency of the state or unit
of local government which has caused or contributed to the
release or threatened release of a hazardous substance from
the facility;
(ii) A person who, without participating in the management of a facility, holds indicia of ownership primarily to
protect the person’s security interest in the facility. Holders
after foreclosure and its equivalent and holders who engage
in any of the activities identified in subsection (13)(e)
through (g) of this section shall not lose this exemption provided the holder complies with all of the following:
(A) The holder properly maintains the environmental
compliance measures already in place at the facility;
(B) The holder complies with the reporting requirements
in the rules adopted under this chapter;
(C) The holder complies with any order issued to the
holder by the department to abate an imminent or substantial
endangerment;
(D) The holder allows the department or potentially liable persons under an order, agreed order, or settlement agreement under this chapter access to the facility to conduct remedial actions and does not impede the conduct of such remedial actions;
(2006 Ed.)
Hazardous Waste Cleanup—Model Toxics Control Act
(E) Any remedial actions conducted by the holder are in
compliance with any preexisting requirements identified by
the department, or, if the department has not identified such
requirements for the facility, the remedial actions are conducted consistent with the rules adopted under this chapter;
and
(F) The holder does not exacerbate an existing release.
The exemption in this subsection (12)(b)(ii) does not apply to
holders who cause or contribute to a new release or threatened release or who are otherwise liable under RCW
70.105D.040(1) (b), (c), (d), and (e); provided, however, that
a holder shall not lose this exemption if it establishes that any
such new release has been remediated according to the
requirements of this chapter and that any hazardous substances remaining at the facility after remediation of the new
release are divisible from such new release;
(iii) A fiduciary in his, her, or its personal or individual
capacity. This exemption does not preclude a claim against
the assets of the estate or trust administered by the fiduciary
or against a nonemployee agent or independent contractor
retained by a fiduciary. This exemption also does not apply
to the extent that a person is liable under this chapter independently of the person’s ownership as a fiduciary or for actions
taken in a fiduciary capacity which cause or contribute to a
new release or exacerbate an existing release of hazardous
substances. This exemption applies provided that, to the
extent of the fiduciary’s powers granted by law or by the
applicable governing instrument granting fiduciary powers,
the fiduciary complies with all of the following:
(A) The fiduciary properly maintains the environmental
compliance measures already in place at the facility;
(B) The fiduciary complies with the reporting requirements in the rules adopted under this chapter;
(C) The fiduciary complies with any order issued to the
fiduciary by the department to abate an imminent or substantial endangerment;
(D) The fiduciary allows the department or potentially
liable persons under an order, agreed order, or settlement
agreement under this chapter access to the facility to conduct
remedial actions and does not impede the conduct of such
remedial actions;
(E) Any remedial actions conducted by the fiduciary are
in compliance with any preexisting requirements identified
by the department, or, if the department has not identified
such requirements for the facility, the remedial actions are
conducted consistent with the rules adopted under this chapter; and
(F) The fiduciary does not exacerbate an existing release.
The exemption in this subsection (12)(b)(iii) does not
apply to fiduciaries who cause or contribute to a new release
or threatened release or who are otherwise liable under RCW
70.105D.040(1) (b), (c), (d), and (e); provided however, that
a fiduciary shall not lose this exemption if it establishes that
any such new release has been remediated according to the
requirements of this chapter and that any hazardous substances remaining at the facility after remediation of the new
release are divisible from such new release. The exemption
in this subsection (12)(b)(iii) also does not apply where the
fiduciary’s powers to comply with this subsection (12)(b)(iii)
are limited by a governing instrument created with the objec(2006 Ed.)
70.105D.020
tive purpose of avoiding liability under this chapter or of
avoiding compliance with this chapter; or
(iv) Any person who has any ownership interest in, operates, or exercises control over real property where a hazardous substance has come to be located solely as a result of
migration of the hazardous substance to the real property
through the ground water from a source off the property, if:
(A) The person can demonstrate that the hazardous substance has not been used, placed, managed, or otherwise handled on the property in a manner likely to cause or contribute
to a release of the hazardous substance that has migrated onto
the property;
(B) The person has not caused or contributed to the
release of the hazardous substance;
(C) The person does not engage in activities that damage
or interfere with the operation of remedial actions installed
on the person’s property or engage in activities that result in
exposure of humans or the environment to the contaminated
ground water that has migrated onto the property;
(D) If requested, the person allows the department,
potentially liable persons who are subject to an order, agreed
order, or consent decree, and the authorized employees,
agents, or contractors of each, access to the property to conduct remedial actions required by the department. The person may attempt to negotiate an access agreement before
allowing access; and
(E) Legal withdrawal of ground water does not disqualify a person from the exemption in this subsection
(12)(b)(iv).
(13) "Participation in management" means exercising
decision-making control over the borrower’s operation of the
facility, environmental compliance, or assuming or manifesting responsibility for the overall management of the enterprise encompassing the day-to-day decision making of the
enterprise.
The term does not include any of the following: (a) A
holder with the mere capacity or ability to influence, or the
unexercised right to control facility operations; (b) a holder
who conducts or requires a borrower to conduct an environmental audit or an environmental site assessment at the facility for which indicia of ownership is held; (c) a holder who
requires a borrower to come into compliance with any applicable laws or regulations at the facility for which indicia of
ownership is held; (d) a holder who requires a borrower to
conduct remedial actions including setting minimum requirements, but does not otherwise control or manage the borrower’s remedial actions or the scope of the borrower’s remedial actions except to prepare a facility for sale, transfer, or
assignment; (e) a holder who engages in workout or policing
activities primarily to protect the holder’s security interest in
the facility; (f) a holder who prepares a facility for sale, transfer, or assignment or requires a borrower to prepare a facility
for sale, transfer, or assignment; (g) a holder who operates a
facility primarily to protect a security interest, or requires a
borrower to continue to operate, a facility primarily to protect
a security interest; and (h) a prospective holder who, as a condition of becoming a holder, requires an owner or operator to
conduct an environmental audit, conduct an environmental
site assessment, come into compliance with any applicable
laws or regulations, or conduct remedial actions prior to hold[Title 70 RCW—page 345]
70.105D.020
Title 70 RCW: Public Health and Safety
ing a security interest is not participating in the management
of the facility.
(14) "Person" means an individual, firm, corporation,
association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, federal government agency, or Indian tribe.
(15) "Policing activities" means actions the holder takes
to insure that the borrower complies with the terms of the
loan or security interest or actions the holder takes or requires
the borrower to take to maintain the value of the security.
Policing activities include: Requiring the borrower to conduct remedial actions at the facility during the term of the
security interest; requiring the borrower to comply or come
into compliance with applicable federal, state, and local environmental and other laws, regulations, and permits during the
term of the security interest; securing or exercising authority
to monitor or inspect the facility including on-site inspections, or to monitor or inspect the borrower’s business or
financial condition during the term of the security interest; or
taking other actions necessary to adequately police the loan
or security interest such as requiring a borrower to comply
with any warranties, covenants, conditions, representations,
or promises from the borrower.
(16) "Potentially liable person" means any person whom
the department finds, based on credible evidence, to be liable
under RCW 70.105D.040. The department shall give notice
to any such person and allow an opportunity for comment
before making the finding, unless an emergency requires otherwise.
(17) "Prepare a facility for sale, transfer, or assignment"
means to secure access to the facility; perform routine maintenance on the facility; remove inventory, equipment, or
structures; properly maintain environmental compliance
measures already in place at the facility; conduct remedial
actions to clean up releases at the facility; or to perform other
similar activities intended to preserve the value of the facility
where the borrower has defaulted on the loan or otherwise
breached the security agreement or after foreclosure and its
equivalents and in anticipation of a pending sale, transfer, or
assignment, primarily to protect the holder’s security interest
in the facility. A holder can prepare a facility for sale, transfer, or assignment for up to one year prior to foreclosure and
its equivalents and still stay within the security interest
exemption in subsection (12)(b)(ii) of this section.
(18) "Primarily to protect a security interest" means the
indicia of ownership is held primarily for the purpose of
securing payment or performance of an obligation. The term
does not include indicia of ownership held primarily for
investment purposes nor indicia of ownership held primarily
for purposes other than as protection for a security interest. A
holder may have other, secondary reasons, for maintaining
indicia of ownership, but the primary reason must be for protection of a security interest. Holding indicia of ownership
after foreclosure or its equivalents for longer than five years
shall be considered to be holding the indicia of ownership for
purposes other than primarily to protect a security interest.
For facilities that have been acquired through foreclosure or
its equivalents prior to July 23, 1995, this five-year period
shall begin as of July 23, 1995.
(19) "Public notice" means, at a minimum, adequate
notice mailed to all persons who have made timely request of
[Title 70 RCW—page 346]
the department and to persons residing in the potentially
affected vicinity of the proposed action; mailed to appropriate news media; published in the newspaper of largest circulation in the city or county of the proposed action; and opportunity for interested persons to comment.
(20) "Release" means any intentional or unintentional
entry of any hazardous substance into the environment,
including but not limited to the abandonment or disposal of
containers of hazardous substances.
(21) "Remedy" or "remedial action" means any action or
expenditure consistent with the purposes of this chapter to
identify, eliminate, or minimize any threat or potential threat
posed by hazardous substances to human health or the environment including any investigative and monitoring activities with respect to any release or threatened release of a hazardous substance and any health assessments or health effects
studies conducted in order to determine the risk or potential
risk to human health.
(22) "Security interest" means an interest in a facility
created or established for the purpose of securing a loan or
other obligation. Security interests include deeds of trusts,
sellers interest in a real estate contract, liens, legal, or equitable title to a facility acquired incident to foreclosure and its
equivalents, and title pursuant to lease financing transactions.
Security interests may also arise from transactions such as
sale and leasebacks, conditional sales, installment sales, trust
receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, easements, and consignments, if the transaction creates or establishes an interest in a facility for the purpose of securing a
loan or other obligation.
(23) "Industrial properties" means properties that are or
have been characterized by, or are to be committed to, traditional industrial uses such as processing or manufacturing of
materials, marine terminal and transportation areas and facilities, fabrication, assembly, treatment, or distribution of manufactured products, or storage of bulk materials, that are
either:
(a) Zoned for industrial use by a city or county conducting land use planning under chapter 36.70A RCW; or
(b) For counties not planning under chapter 36.70A
RCW and the cities within them, zoned for industrial use and
adjacent to properties currently used or designated for industrial purposes.
(24) "Workout activities" means those actions by which
a holder, at any time prior to foreclosure and its equivalents,
seeks to prevent, cure, or mitigate a default by the borrower
or obligor; or to preserve, or prevent the diminution of, the
value of the security. Workout activities include: Restructuring or renegotiating the terms of the security interest; requiring payment of additional rent or interest; exercising forbearance; requiring or exercising rights pursuant to an assignment
of accounts or other amounts owed to an obligor; requiring or
exercising rights pursuant to an escrow agreement pertaining
to amounts owed to an obligor; providing specific or general
financial or other advice, suggestions, counseling, or guidance; and exercising any right or remedy the holder is entitled
to by law or under any warranties, covenants, conditions, representations, or promises from the borrower.
(25)(a) "Fiduciary" means a person acting for the benefit
of another party as a bona fide trustee; executor; administra(2006 Ed.)
Hazardous Waste Cleanup—Model Toxics Control Act
tor; custodian; guardian of estates or guardian ad litem;
receiver; conservator; committee of estates of incapacitated
persons; trustee in bankruptcy; trustee, under an indenture
agreement, trust agreement, lease, or similar financing agreement, for debt securities, certificates of interest or certificates
of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee,
the lender. Except as provided in subsection (12)(b)(iii) of
this section, the liability of a fiduciary under this chapter shall
not exceed the assets held in the fiduciary capacity.
(b) "Fiduciary" does not mean:
(i) A person acting as a fiduciary with respect to a trust
or other fiduciary estate that was organized for the primary
purpose of, or is engaged in, actively carrying on a trade or
business for profit, unless the trust or other fiduciary estate
was created as part of, or to facilitate, one or more estate
plans or because of the incapacity of a natural person;
(ii) A person who acquires ownership or control of a
facility with the objective purpose of avoiding liability of the
person or any other person. It is prima facie evidence that the
fiduciary acquired ownership or control of the facility to
avoid liability if the facility is the only substantial asset in the
fiduciary estate at the time the facility became subject to the
fiduciary estate;
(iii) A person who acts in a capacity other than that of a
fiduciary or in a beneficiary capacity and in that capacity
directly or indirectly benefits from a trust or fiduciary relationship;
(iv) A person who is a beneficiary and fiduciary with
respect to the same fiduciary estate, and who while acting as
a fiduciary receives benefits that exceed customary or reasonable compensation, and incidental benefits permitted under
applicable law;
(v) A person who is a fiduciary and receives benefits that
substantially exceed customary or reasonable compensation,
and incidental benefits permitted under applicable law; or
(vi) A person who acts in the capacity of trustee of state
or federal lands or resources.
(26) "Fiduciary capacity" means the capacity of a person
holding title to a facility, or otherwise having control of an
interest in the facility pursuant to the exercise of the responsibilities of the person as a fiduciary. [2005 c 191 § 1; 1998
c 6 § 1; 1997 c 406 § 2; 1995 c 70 § 1; 1994 c 254 § 2; 1989
c 2 § 2 (Initiative Measure No. 97, approved November 8,
1988).]
Findings—Intent—1997 c 406: "The legislature finds that:
(1) Engrossed Substitute House Bill No. 1810 enacted during the 1995
legislative session [1995 c 359] authorized establishment of the model toxics
control act policy advisory committee, a twenty-two member committee representing a broad range of interests including the legislature, agriculture,
large and small business, environmental organizations, and local and state
government. The committee was charged with the task of providing advice
to the legislature and the department of ecology to more effectively implement the model toxics control act, chapter 70.105D RCW.
(2) The committee members committed considerable time and effort to
their charge, meeting twenty-six times during 1995 and 1996 to discuss and
decide issues. In addition, the committee created four subcommittees that
met over sixty times during this same period. There were also numerous
working subgroups and drafting committees formed on an ad hoc basis to
support the committee’s work. Many members of the public also attended
these meetings and were provided opportunities to contribute to the committee deliberations.
(3) The policy advisory committee completed its work and submitted a
final report to the department of ecology and the legislature on December 15,
(2006 Ed.)
70.105D.030
1996. That report contains numerous recommendations for statutory
changes that were agreed to by consensus of the committee members or
obtained broad support of most of the committee members. Chapter 406,
Laws of 1997 is intended to implement those recommended statutory
changes." [1997 c 406 § 1.]
70.105D.030
70.105D.030 Department’s powers and duties. (1)
The department may exercise the following powers in addition to any other powers granted by law:
(a) Investigate, provide for investigating, or require
potentially liable persons to investigate any releases or threatened releases of hazardous substances, including but not limited to inspecting, sampling, or testing to determine the
nature or extent of any release or threatened release. If there
is a reasonable basis to believe that a release or threatened
release of a hazardous substance may exist, the department’s
authorized employees, agents, or contractors may enter upon
any property and conduct investigations. The department
shall give reasonable notice before entering property unless
an emergency prevents such notice. The department may by
subpoena require the attendance or testimony of witnesses
and the production of documents or other information that the
department deems necessary;
(b) Conduct, provide for conducting, or require potentially liable persons to conduct remedial actions (including
investigations under (a) of this subsection) to remedy releases
or threatened releases of hazardous substances. In carrying
out such powers, the department’s authorized employees,
agents, or contractors may enter upon property. The department shall give reasonable notice before entering property
unless an emergency prevents such notice. In conducting,
providing for, or requiring remedial action, the department
shall give preference to permanent solutions to the maximum
extent practicable and shall provide for or require adequate
monitoring to ensure the effectiveness of the remedial action;
(c) Indemnify contractors retained by the department for
carrying out investigations and remedial actions, but not for
any contractor’s reckless or wilful misconduct;
(d) Carry out all state programs authorized under the federal cleanup law and the federal resource, conservation, and
recovery act, 42 U.S.C. Sec. 6901 et seq., as amended;
(e) Classify substances as hazardous substances for purposes of RCW 70.105D.020(7) and classify substances and
products as hazardous substances for purposes of RCW
82.21.020(1);
(f) Issue orders or enter into consent decrees or agreed
orders that include, or issue written opinions under (i) of this
subsection that may be conditioned upon, deed restrictions
where necessary to protect human health and the environment from a release or threatened release of a hazardous substance from a facility. Prior to establishing a deed restriction
under this subsection, the department shall notify and seek
comment from a city or county department with land use
planning authority for real property subject to a deed restriction;
(g) Enforce the application of permanent and effective
institutional controls that are necessary for a remedial action
to be protective of human health and the environment and the
notification requirements established in RCW 70.105D.110,
and impose penalties for violations of that section consistent
with RCW 70.105D.050;
[Title 70 RCW—page 347]
70.105D.040
Title 70 RCW: Public Health and Safety
(h) Require holders to conduct remedial actions necessary to abate an imminent or substantial endangerment pursuant to RCW 70.105D.020(12)(b)(ii)(C);
(i) Provide informal advice and assistance to persons
regarding the administrative and technical requirements of
this chapter. This may include site-specific advice to persons
who are conducting or otherwise interested in independent
remedial actions. Any such advice or assistance shall be advisory only, and shall not be binding on the department. As a
part of providing this advice and assistance for independent
remedial actions, the department may prepare written opinions regarding whether the independent remedial actions or
proposals for those actions meet the substantive requirements
of this chapter or whether the department believes further
remedial action is necessary at the facility. The department
may collect, from persons requesting advice and assistance,
the costs incurred by the department in providing such advice
and assistance; however, the department shall, where appropriate, waive collection of costs in order to provide an appropriate level of technical assistance in support of public participation. The state, the department, and officers and employees of the state are immune from all liability, and no cause of
action of any nature may arise from any act or omission in
providing, or failing to provide, informal advice and assistance; and
(j) Take any other actions necessary to carry out the provisions of this chapter, including the power to adopt rules
under chapter 34.05 RCW.
(2) The department shall immediately implement all provisions of this chapter to the maximum extent practicable,
including investigative and remedial actions where appropriate. The department shall adopt, and thereafter enforce, rules
under chapter 34.05 RCW to:
(a) Provide for public participation, including at least (i)
public notice of the development of investigative plans or
remedial plans for releases or threatened releases and (ii) concurrent public notice of all compliance orders, agreed orders,
enforcement orders, or notices of violation;
(b) Establish a hazard ranking system for hazardous
waste sites;
(c) Provide for requiring the reporting by an owner or
operator of releases of hazardous substances to the environment that may be a threat to human health or the environment
within ninety days of discovery, including such exemptions
from reporting as the department deems appropriate, however this requirement shall not modify any existing requirements provided for under other laws;
(d) Establish reasonable deadlines not to exceed ninety
days for initiating an investigation of a hazardous waste site
after the department receives notice or otherwise receives
information that the site may pose a threat to human health or
the environment and other reasonable deadlines for remedying releases or threatened releases at the site;
(e) Publish and periodically update minimum cleanup
standards for remedial actions at least as stringent as the
cleanup standards under section 121 of the federal cleanup
law, 42 U.S.C. Sec. 9621, and at least as stringent as all applicable state and federal laws, including health-based standards
under state and federal law; and
(f) Apply industrial clean-up standards at industrial
properties. Rules adopted under this subsection shall ensure
[Title 70 RCW—page 348]
that industrial properties cleaned up to industrial standards
cannot be converted to nonindustrial uses without approval
from the department. The department may require that a
property cleaned up to industrial standards is cleaned up to a
more stringent applicable standard as a condition of conversion to a nonindustrial use. Industrial clean-up standards may
not be applied to industrial properties where hazardous substances remaining at the property after remedial action pose a
threat to human health or the environment in adjacent nonindustrial areas.
(3) Before November 1st of each even-numbered year,
the department shall develop, with public notice and hearing,
and submit to the ways and means and appropriate standing
environmental committees of the senate and house of representatives a ranked list of projects and expenditures recommended for appropriation from both the state and local toxics
control accounts. The department shall also provide the legislature and the public each year with an accounting of the
department’s activities supported by appropriations from the
state toxics control account, including a list of known hazardous waste sites and their hazard rankings, actions taken and
planned at each site, how the department is meeting its top
two management priorities under RCW 70.105.150, and all
funds expended under this chapter.
(4) The department shall establish a scientific advisory
board to render advice to the department with respect to the
hazard ranking system, cleanup standards, remedial actions,
deadlines for remedial actions, monitoring, the classification
of substances as hazardous substances for purposes of RCW
70.105D.020(7) and the classification of substances or products as hazardous substances for purposes of RCW
82.21.020(1). The board shall consist of five independent
members to serve staggered three-year terms. No members
may be employees of the department. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050
and 43.03.060.
(5) The department shall establish a program to identify
potential hazardous waste sites and to encourage persons to
provide information about hazardous waste sites. [2002 c
288 § 3; 2001 c 291 § 401; 1997 c 406 § 3; 1995 c 70 § 2.
Prior: 1994 c 257 § 11; 1994 c 254 § 3; 1989 c 2 § 3 (Initiative Measure No. 97, approved November 8, 1988).]
Effective date—2002 c 288 §§ 2-4: See note following RCW
70.105D.110.
Severability—2002 c 288: See note following RCW 70.105D.010.
Part headings not law—Effective date—2001 c 291: See notes following RCW 43.20A.360.
F ind ing s— Inte nt— 1 997 c 40 6: See n ot e fol l ow i ng RC W
70.105D.020.
Severability—1994 c 257: See note following RCW 36.70A.270.
70.105D.040
70.105D.040 Standard of liability—Settlement. (1)
Except as provided in subsection (3) of this section, the following persons are liable with respect to a facility:
(a) The owner or operator of the facility;
(b) Any person who owned or operated the facility at the
time of disposal or release of the hazardous substances;
(c) Any person who owned or possessed a hazardous
substance and who by contract, agreement, or otherwise
arranged for disposal or treatment of the hazardous substance
at the facility, or arranged with a transporter for transport for
(2006 Ed.)
Hazardous Waste Cleanup—Model Toxics Control Act
disposal or treatment of the hazardous substances at the facility, or otherwise generated hazardous wastes disposed of or
treated at the facility;
(d) Any person (i) who accepts or accepted any hazardous substance for transport to a disposal, treatment, or other
facility selected by such person from which there is a release
or a threatened release for which remedial action is required,
unless such facility, at the time of disposal or treatment, could
legally receive such substance; or (ii) who accepts a hazardous substance for transport to such a facility and has reasonable grounds to believe that such facility is not operated in
accordance with chapter 70.105 RCW; and
(e) Any person who both sells a hazardous substance and
is responsible for written instructions for its use if (i) the substance is used according to the instructions and (ii) the use
constitutes a release for which remedial action is required at
the facility.
(2) Each person who is liable under this section is strictly
liable, jointly and severally, for all remedial action costs and
for all natural resource damages resulting from the releases or
threatened releases of hazardous substances. The attorney
general, at the request of the department, is empowered to
recover all costs and damages from persons liable therefor.
(3) The following persons are not liable under this section:
(a) Any person who can establish that the release or
threatened release of a hazardous substance for which the
person would be otherwise responsible was caused solely by:
(i) An act of God;
(ii) An act of war; or
(iii) An act or omission of a third party (including but not
limited to a trespasser) other than (A) an employee or agent
of the person asserting the defense, or (B) any person whose
act or omission occurs in connection with a contractual relationship existing, directly or indirectly, with the person
asserting this defense to liability. This defense only applies
where the person asserting the defense has exercised the
utmost care with respect to the hazardous substance, the foreseeable acts or omissions of the third party, and the foreseeable consequences of those acts or omissions;
(b) Any person who is an owner, past owner, or purchaser of a facility and who can establish by a preponderance
of the evidence that at the time the facility was acquired by
the person, the person had no knowledge or reason to know
that any hazardous substance, the release or threatened
release of which has resulted in or contributed to the need for
the remedial action, was released or disposed of on, in, or at
the facility. This subsection (b) is limited as follows:
(i) To establish that a person had no reason to know, the
person must have undertaken, at the time of acquisition, all
appropriate inquiry into the previous ownership and uses of
the property, consistent with good commercial or customary
practice in an effort to minimize liability. Any court interpreting this subsection (b) shall take into account any specialized
knowledge or experience on the part of the person, the relationship of the purchase price to the value of the property if
uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the
presence or likely presence of contamination at the property,
and the ability to detect such contamination by appropriate
inspection;
(2006 Ed.)
70.105D.040
(ii) The defense contained in this subsection (b) is not
available to any person who had actual knowledge of the
release or threatened release of a hazardous substance when
the person owned the real property and who subsequently
transferred ownership of the property without first disclosing
such knowledge to the transferee;
(iii) The defense contained in this subsection (b) is not
available to any person who, by any act or omission, caused
or contributed to the release or threatened release of a hazardous substance at the facility;
(c) Any natural person who uses a hazardous substance
lawfully and without negligence for any personal or domestic
purpose in or near a dwelling or accessory structure when that
person is: (i) A resident of the dwelling; (ii) a person who,
without compensation, assists the resident in the use of the
substance; or (iii) a person who is employed by the resident,
but who is not an independent contractor;
(d) Any person who, for the purpose of growing food
crops, applies pesticides or fertilizers without negligence and
in accordance with all applicable laws and regulations.
(4) There may be no settlement by the state with any person potentially liable under this chapter except in accordance
with this section.
(a) The attorney general may agree to a settlement with
any potentially liable person only if the department finds,
after public notice and any required hearing, that the proposed settlement would lead to a more expeditious cleanup of
hazardous substances in compliance with cleanup standards
under RCW 70.105D.030(2)(e) and with any remedial orders
issued by the department. Whenever practicable and in the
public interest, the attorney general may expedite such a settlement with persons whose contribution is insignificant in
amount and toxicity. A hearing shall be required only if at
least ten persons request one or if the department determines
a hearing is necessary.
(b) A settlement agreement under this section shall be
entered as a consent decree issued by a court of competent
jurisdiction.
(c) A settlement agreement may contain a covenant not
to sue only of a scope commensurate with the settlement
agreement in favor of any person with whom the attorney
general has settled under this section. Any covenant not to
sue shall contain a reopener clause which requires the court to
amend the covenant not to sue if factors not known at the time
of entry of the settlement agreement are discovered and
present a previously unknown threat to human health or the
environment.
(d) A party who has resolved its liability to the state
under this section shall not be liable for claims for contribution regarding matters addressed in the settlement. The settlement does not discharge any of the other liable parties but it
reduces the total potential liability of the others to the state by
the amount of the settlement.
(e) If the state has entered into a consent decree with an
owner or operator under this section, the state shall not
enforce this chapter against any owner or operator who is a
successor in interest to the settling party unless under the
terms of the consent decree the state could enforce against the
settling party, if:
(i) The successor owner or operator is liable with respect
to the facility solely due to that person’s ownership interest or
[Title 70 RCW—page 349]
70.105D.050
Title 70 RCW: Public Health and Safety
operator status acquired as a successor in interest to the
owner or operator with whom the state has entered into a consent decree; and
(ii) The stay of enforcement under this subsection does
not apply if the consent decree was based on circumstances
unique to the settling party that do not exist with regard to the
successor in interest, such as financial hardship. For consent
decrees entered into before July 27, 1997, at the request of a
settling party or a potential successor owner or operator, the
attorney general shall issue a written opinion on whether a
consent decree contains such unique circumstances. For all
other consent decrees, such unique circumstances shall be
specified in the consent decree.
(f) Any person who is not subject to enforcement by the
state under (e) of this subsection is not liable for claims for
contribution regarding matters addressed in the settlement.
(5)(a) In addition to the settlement authority provided
under subsection (4) of this section, the attorney general may
agree to a settlement with a person not currently liable for
remedial action at a facility who proposes to purchase, redevelop, or reuse the facility, provided that:
(i) The settlement will yield substantial new resources to
facilitate cleanup;
(ii) The settlement will expedite remedial action consistent with the rules adopted under this chapter; and
(iii) Based on available information, the department
determines that the redevelopment or reuse of the facility is
not likely to contribute to the existing release or threatened
release, interfere with remedial actions that may be needed at
the site, or increase health risks to persons at or in the vicinity
of the site.
(b) The legislature recognizes that the state does not have
adequate resources to participate in all property transactions
involving contaminated property. The primary purpose of
this subsection (5) is to promote the cleanup and reuse of
vacant or abandoned commercial or industrial contaminated
property. The attorney general and the department may give
priority to settlements that will provide a substantial public
benefit, including, but not limited to the reuse of a vacant or
abandoned manufacturing or industrial facility, or the development of a facility by a governmental entity to address an
important public purpose.
(6) Nothing in this chapter affects or modifies in any way
any person’s right to seek or obtain relief under other statutes
or under common law, including but not limited to damages
for injury or loss resulting from a release or threatened
release of a hazardous substance. No settlement by the
department or remedial action ordered by a court or the
department affects any person’s right to obtain a remedy
under common law or other statutes. [1997 c 406 § 4; 1994 c
254 § 4; 1989 c 2 § 4 (Initiative Measure No. 97, approved
November 8, 1988).]
F ind ing s— Inte nt— 19 97 c 40 6: See n ot e fol l ow i ng RC W
70.105D.020.
70.105D.050
70.105D.050 Enforcement. (1) With respect to any
release, or threatened release, for which the department does
not conduct or contract for conducting remedial action and
for which the department believes remedial action is in the
public interest, the director shall issue orders or agreed orders
requiring potentially liable persons to provide the remedial
[Title 70 RCW—page 350]
action. Any liable person who refuses, without sufficient
cause, to comply with an order or agreed order of the director
is liable in an action brought by the attorney general for:
(a) Up to three times the amount of any costs incurred by
the state as a result of the party’s refusal to comply; and
(b) A civil penalty of up to twenty-five thousand dollars
for each day the party refuses to comply.
The treble damages and civil penalty under this subsection
apply to all recovery actions filed on or after March 1, 1989.
(2) Any person who incurs costs complying with an
order issued under subsection (1) of this section may petition
the department for reimbursement of those costs. If the
department refuses to grant reimbursement, the person may
within thirty days thereafter file suit and recover costs by
proving that he or she was not a liable person under RCW
70.105D.040 and that the costs incurred were reasonable.
(3) The attorney general shall seek, by filing an action if
necessary, to recover the amounts spent by the department for
investigative and remedial actions and orders, and agreed
orders, including amounts spent prior to March 1, 1989.
(4) The attorney general may bring an action to secure
such relief as is necessary to protect human health and the
environment under this chapter.
(5)(a) Any person may commence a civil action to compel the department to perform any nondiscretionary duty
under this chapter. At least thirty days before commencing
the action, the person must give notice of intent to sue, unless
a substantial endangerment exists. The court may award
attorneys’ fees and other costs to the prevailing party in the
action.
(b) Civil actions under this section and RCW
70.105D.060 may be brought in the superior court of Thurston county or of the county in which the release or threatened release exists.
(6) Any person who fails to provide notification of
releases consistent with RCW 70.105D.110 or who submits
false information is liable in an action brought by the attorney
general for a civil penalty of up to five thousand dollars per
day for each day the party refuses to comply.
(7) Any person who owns real property or lender holding
a mortgage on real property that is subject to a lien filed under
RCW 70.105D.055 may petition the department to have the
lien removed or the amount of the lien reduced. If, after consideration of the petition and the information supporting the
petition, the department decides to deny the request, the person may, within ninety days after receipt of the department’s
denial, file suit for removal or reduction of the lien. The person is entitled to removal of a lien filed under RCW
70.105D.055(2)(a) if they can prove by a preponderance of
the evidence that the person is not a liable party under RCW
70.105D.040. The person is entitled to a reduction of the
amount of the lien if they can prove by a preponderance of the
evidence:
(a) For liens filed under RCW 70.105D.055(2)(a), the
amount of the lien exceeds the remedial action costs the
department incurred related to cleanup of the real property;
and
(b) For liens filed under RCW 70.105D.055(2)(c), the
amount of the lien exceeds the remedial action costs the
department incurred related to cleanup of the real property or
exceeds the increase of the fair market value of the real prop(2006 Ed.)
Hazardous Waste Cleanup—Model Toxics Control Act
erty solely attributable to the remedial action conducted by
the department. [2005 c 211 § 2; 2002 c 288 § 4; 1994 c 257
§ 12; 1989 c 2 § 5 (Initiative Measure No. 97, approved
November 8, 1988).]
Effective date—2002 c 288 §§ 2-4: See note following RCW
70.105D.110.
Severability—2002 c 288: See note following RCW 70.105D.010.
Severability—1994 c 257: See note following RCW 36.70A.270.
70.105D.055 Lien authority. (1) It is in the public
interest for the department to recover remedial action costs
incurred in discharging its responsibility under this chapter,
as these recovered funds can then be applied to the cleanup of
other facilities. Thus, in addition to other cost-recovery
mechanisms provided under this chapter, this section is
intended to facilitate the recovery of state funds spent on
remedial actions by providing the department with lien
authority. This will also prevent a facility owner or mortgagee from gaining a financial windfall from increased land
value resulting from department-conducted remedial actions
at the expense of the state taxpayers.
(2) If the state of Washington incurs remedial action
costs relating to a remedial action of real property, and those
remedial action costs are unrecovered by the state of Washington, the department may file a lien against that real property.
(a) Except as provided in (c) of this subsection, liens
filed under this section shall have priority in rank over all
other privileges, liens, monetary encumbrances, or other
security interests affecting the real property, whenever
incurred, filed, or recorded, except for the following liens:
(i) Local and special district property tax assessments;
and
(ii) Mortgage liens recorded before liens or notices of
intent to conduct remedial actions are recorded under this
section.
(b) Liens filed pursuant to (a) and (c) of this subsection
shall not exceed the remedial action costs incurred by the
state.
(c)(i) If the real property for which the department has
incurred remedial action costs is abandoned, the department
may choose to limit the amount of the lien to the increase in
the fair market value of the real property that is attributable to
a remedial action conducted by the department. The increase
in fair market value shall be determined by subtracting the
county assessor’s value of the real property for the most
recent year prior to remedial action being initiated from the
value of the real property after remedial action. The value of
the real property after remedial action shall be determined by
the bona fide purchase price of the real property or by a real
estate appraiser retained by the department. Liens limited in
this way have priority in rank over all other privileges, liens,
monetary encumbrances, or other security interests affecting
the real property, whenever incurred, filed, or recorded.
(ii) For the purposes of this subsection, "abandoned"
means there has not been significant business activity on the
real property for three years or property taxes owed on the
real property are three years in arrears prior to the department
incurring costs attributable to this lien.
(d) The department shall, when notifying potentially liable persons of their potential liability under RCW
70.105D.055
(2006 Ed.)
70.105D.055
70.105D.040, include a notice stating that if the department
incurs remedial action costs relating to the remediation of
real property and the costs are not recovered by the department, the department may file a lien against that real property
under this section.
(e) Except for emergency remedial actions, the department must provide notice to the following persons before initiating remedial actions conducted by persons under contract
to the department on real property on which a lien may be
filed under this section:
(i) The real property owner;
(ii) Mortgagees;
(iii) Lienholders of record;
(iv) Persons known to the department to be conducting
remedial actions at the facility at the time of such notice; and
(v) Persons known to the department to be under contract
to conduct remedial actions at the facility at the time of such
notice.
For emergency remedial actions, this notice shall be provided within thirty days after initiation of the emergency
remedial actions.
(f) The department may record a copy of the notice in (e)
of this subsection, along with a legal description of the property on which the remedial action will take place, with the
county auditor in the county where the real property is
located. If the department subsequently files a lien, the effective date of the lien will be the date this notice was recorded.
(3) Before filing a lien under this section, the department
shall give the owner of real property on which the lien is to be
filed and mortgagees and lienholders of record a notice of its
intent to file a lien:
(a) The notice required under this subsection (3) must be
sent by certified mail to the real property owner and mortgagees of record at the addresses listed in the recorded documents. If the real property owner is unknown or if a mailed
notice is returned as undeliverable, the department shall provide notice by posting a legal notice in the newspaper of largest circulation in the county [in which] the site is located.
The notice shall provide:
(i) A statement of the purpose of the lien;
(ii) A brief description of the real property to be affected
by the lien;
(iii) A statement of the remedial action costs incurred by
the state related to the real property affected by the lien;
(iv) A brief statement of facts showing probable cause
that the real property is the subject of the remedial action
costs incurred by the department; and
(v) The time period following service or other notice
during which any recipient of the notice whose legal rights
may be affected by the lien may comment on the notice.
(b) Any comments on the notice must be received by the
department on or before thirty days following service or other
provision of the notice of intent to file a lien.
(c) If no comments are received by the department, the
lien may be filed on the real property immediately.
(d) If the department receives any comments on the lien,
the department shall determine if there is probable cause for
filing the certificate of lien. If the department determines
there is probable cause, the department may file the lien. Any
further challenge to the lien may only occur at the times specified under RCW 70.105D.060.
[Title 70 RCW—page 351]
70.105D.060
Title 70 RCW: Public Health and Safety
(e) If the department has reason to believe that exigent
circumstances require the filing of a lien prior to giving
notice under this subsection (3), or prior to the expiration of
the time period for comments, the department may file the
lien immediately. For the purposes of this subsection (3),
exigent circumstances include, but are not limited to, an
imminent bankruptcy filing by the real property owner, or the
imminent transfer or sale of the real property subject to lien
by the real property owner, or both.
(4) A lien filed under this section is effective when a
statement of lien is filed with the county auditor in the county
where the real property is located. The statement of lien must
include a description of the real property subject to lien and
the amount of the lien.
(5) Unless the department determines it is in the public
interest to remove the lien, the lien continues until the liability for the remedial action costs have been satisfied through
sale of the real property, foreclosure, or other means agreed
to by the department. Any action for foreclosure of the lien
shall be brought by the attorney general in a civil action in the
court having jurisdiction and in the manner prescribed for the
judicial foreclosure of a mortgage.
(6)(a) This section does not apply to real property owned
by a local government or special purpose district or real property used solely for residential purposes and consisting of
four residential units or less at the time the lien is recorded.
This limitation does not apply to illegal drug manufacturing
and storage sites under chapter 64.44 RCW.
(b) If the real property owner has consented to the
department filing a lien on the real property, then only subsection (3)(a)(i) through (iii) of this section requiring notice
to mortgagees and lienholders of record apply. [2005 c 211 §
1.]
70.105D.060
70.105D.060 Timing of review. The department’s
in v e st ig a ti v e a n d r e m e d i a l d e c is io n s u n d e r R C W
70.105D.030 and 70.105D.050, its decisions regarding filing
a lien under RCW 70.105D.055, and its decisions regarding
liable persons under RCW 70.105D.020(16), 70.105D.040,
70.105D.050, and 70.105D.055 shall be reviewable exclusively in superior court and only at the following times: (1)
In a cost recovery suit under RCW 70.105D.050(3); (2) in a
suit by the department to enforce an order or an agreed order,
or seek a civil penalty under this chapter; (3) in a suit for
reimbursement under RCW 70.105D.050(2); (4) in a suit by
the department to compel investigative or remedial action;
(5) in a citizen’s suit under RCW 70.105D.050(5); and (6) in
a suit for removal or reduction of a lien under RCW
70.105D.050(7). Except in suits for reduction or removal of
a lien under RCW 70.105D.050(7), the court shall uphold the
department’s actions unless they were arbitrary and capricious. In suits for reduction or removal of a lien under RCW
70.105D.050(7), the court shall review such suits pursuant to
the standards set forth in RCW 70.105D.050(7). [2005 c 211
§ 3; 1994 c 257 § 13; 1989 c 2 § 6 (Initiative Measure No. 97,
approved November 8, 1988).]
Severability—1994 c 257: See note following RCW 36.70A.270.
[Title 70 RCW—page 352]
70.105D.070
70.105D.070 Toxics control accounts. (1) The state
toxics control account and the local toxics control account are
hereby created in the state treasury.
(2) The following moneys shall be deposited into the
state toxics control account: (a) Those revenues which are
raised by the tax imposed under RCW 82.21.030 and which
are attributable to that portion of the rate equal to thirty-three
one-hundredths of one percent; (b) the costs of remedial
actions recovered under this chapter or chapter 70.105A
RCW; (c) penalties collected or recovered under this chapter;
and (d) any other money appropriated or transferred to the
account by the legislature. Moneys in the account may be
used only to carry out the purposes of this chapter, including
but not limited to the following activities:
(i) The state’s responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.105
RCW;
(ii) The state’s responsibility for solid waste planning,
management, regulation, enforcement, technical assistance,
and public education required under chapter 70.95 RCW;
(iii) The hazardous waste cleanup program required
under this chapter;
(iv) State matching funds required under the federal
cleanup law;
(v) Financial assistance for local programs in accordance
with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) State government programs for the safe reduction,
recycling, or disposal of hazardous wastes from households,
small businesses, and agriculture;
(vii) Hazardous materials emergency response training;
(viii) Water and environmental health protection and
monitoring programs;
(ix) Programs authorized under chapter 70.146 RCW;
(x) A public participation program, including regional
citizen advisory committees;
(xi) Public funding to assist potentially liable persons to
pay for the costs of remedial action in compliance with
cleanup standards under RCW 70.105D.030(2)(e) but only
when the amount and terms of such funding are established
under a settlement agreement under RCW 70.105D.040(4)
and when the director has found that the funding will achieve
both (A) a substantially more expeditious or enhanced
cleanup than would otherwise occur, and (B) the prevention
or mitigation of unfair economic hardship; and
(xii) Development and demonstration of alternative
management technologies designed to carry out the top two
hazardous waste management priorities of RCW 70.105.150.
(3) The following moneys shall be deposited into the
local toxics control account: Those revenues which are
raised by the tax imposed under RCW 82.21.030 and which
are attributable to that portion of the rate equal to thirty-seven
one-hundredths of one percent.
(a) Moneys deposited in the local toxics control account
shall be used by the department for grants or loans to local
governments for the following purposes in descending order
of priority: (i) Remedial actions; (ii) hazardous waste plans
and programs under chapter 70.105 RCW; (iii) solid waste
plans and programs under chapters 70.95, 70.95C, 70.95I,
and 70.105 RCW; (iv) funds for a program to assist in the
assessment and cleanup of sites of methamphetamine produc(2006 Ed.)
Hazardous Waste Cleanup—Model Toxics Control Act
tion, but not to be used for the initial containment of such
sites, consistent with the responsibilities and intent of RCW
69.50.511; and (v) cleanup and disposal of hazardous substances from abandoned or derelict vessels that pose a threat
to human health or the environment. For purposes of this
subsection (3)(a)(v), "abandoned or derelict vessels" means
vessels that have little or no value and either have no identified owner or have an identified owner lacking financial
resources to clean up and dispose of the vessel. Funds for
plans and programs shall be allocated consistent with the priorities and matching requirements established in chapters
70.105, 70.95C, 70.95I, and 70.95 RCW. During the 19992001 fiscal biennium, moneys in the account may also be
used for the following activities: Conducting a study of
whether dioxins occur in fertilizers, soil amendments, and
soils; reviewing applications for registration of fertilizers;
and conducting a study of plant uptake of metals. During the
2005-2007 fiscal biennium, the legislature may transfer from
the local toxics control account to the state toxics control
account such amounts as specified in the omnibus capital
budget bill. During the 2005-2007 fiscal biennium, moneys
in the account may also be used for grants to local governments to retrofit public sector diesel equipment and for storm
water planning and implementation activities.
(b) Funds may also be appropriated to the department of
health to implement programs to reduce testing requirements
under the federal safe drinking water act for public water systems. The department of health shall reimburse the account
from fees assessed under RCW 70.119A.115 by June 30,
1995.
(4) Except for unanticipated receipts under RCW
43.79.260 through 43.79.282, moneys in the state and local
toxics control accounts may be spent only after appropriation
by statute.
(5) One percent of the moneys deposited into the state
and local toxics control accounts shall be allocated only for
public participation grants to persons who may be adversely
affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The
primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and
remedying of releases or threatened releases of hazardous
substances and to implement the state’s solid and hazardous
waste management priorities. However, during the 19992001 fiscal biennium, funding may not be granted to entities
engaged in lobbying activities, and applicants may not be
awarded grants if their cumulative grant awards under this
section exceed two hundred thousand dollars. No grant may
exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation from
either account which are not expended at the close of any
biennium shall revert to the state toxics control account.
(6) No moneys deposited into either the state or local
toxics control account may be used for solid waste incinerator feasibility studies, construction, maintenance, or operation.
(7) The department shall adopt rules for grant or loan
issuance and performance.
(8) During the 2005-2007 fiscal biennium, the legislature
may transfer from the state toxics control account to the water
quality account such amounts as reflect the excess fund bal(2006 Ed.)
70.105D.080
ance of the fund. [2005 c 488 § 926; 2003 1st sp.s. c 25 §
933; 2001 c 27 § 2; 2000 2nd sp.s. c 1 § 912; 1999 c 309 §
923. Prior: 1998 c 346 § 905; 1998 c 81 § 2; 1997 c 406 § 5;
1994 c 252 § 5; 1991 sp.s. c 13 § 69; 1989 c 2 § 7 (Initiative
Measure No. 97, approved November 8, 1988).]
Part headings not law—Severability—Effective dates—2005 c 488:
See notes following RCW 28B.50.360.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Finding—2001 c 27: "The legislature finds that there is an increasing
number of derelict vessels that have been abandoned in the waters along the
shorelines of the state. These vessels pose hazards to navigation and threaten
the environment with the potential release of hazardous materials. There is
no current federal program that comprehensively addresses this problem, and
the legislature recognizes that the state must assist in providing a solution to
this increasing hazard." [2001 c 27 § 1.]
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
Construction—Severability—Effective date—1998 c 346: See notes
following RCW 50.24.014.
Local governments—Increased service—1998 c 81: "If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for
reimbursement by the legislature. The claims shall be subject to verification
by the office of financial management." [1998 c 81 § 3.]
F ind ing s— Inte nt— 1 997 c 40 6: See n ot e fol l ow i ng RC W
70.105D.020.
Finding—Effective date—1994 c 252: See notes following RCW
70.119A.020.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
70.105D.080
70.105D.080 Private right of action—Remedial
action costs. Except as provided in RCW 70.105D.040(4)
(d) and (f), a person may bring a private right of action,
including a claim for contribution or for declaratory relief,
against any other person liable under RCW 70.105D.040 for
the recovery of remedial action costs. In the action, natural
resource damages paid to the state under this chapter may
also be recovered. Recovery shall be based on such equitable
factors as the court determines are appropriate. Remedial
action costs shall include reasonable attorneys’ fees and
expenses. Recovery of remedial action costs shall be limited
to those remedial actions that, when evaluated as a whole, are
the substantial equivalent of a department-conducted or
department-supervised remedial action. Substantial equivalence shall be determined by the court with reference to the
rules adopted by the department under this chapter. An action
under this section may be brought after remedial action costs
are incurred but must be brought within three years from the
date remedial action confirms cleanup standards are met or
within one year of May 12, 1993, whichever is later. The prevailing party in such an action shall recover its reasonable
attorneys’ fees and costs. This section applies to all causes of
action regardless of when the cause of action may have
arisen. To the extent a cause of action has arisen prior to May
12, 1993, this section applies retroactively, but in all other
respects it applies prospectively. [1997 c 406 § 6; 1993 c 326
§ 1.]
F ind ing s— Inte nt— 1 997 c 40 6: See n ot e fol l ow i ng RC W
70.105D.020.
[Title 70 RCW—page 353]
70.105D.090
Title 70 RCW: Public Health and Safety
Effective date—1993 c 326: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 12, 1993]." [1993 c 326 § 2.]
Severability—1993 c 326: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 326 § 3.]
70.105D.090
70.105D.090 Remedial actions—Exemption from
procedural requirements. (1) A person conducting a remedial action at a facility under a consent decree, order, or
agreed order, and the department when it conducts a remedial
action, are exempt from the procedural requirements of chapters 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 RCW, and
the procedural requirements of any laws requiring or authorizing local government permits or approvals for the remedial
action. The department shall ensure compliance with the
substantive provisions of chapters 70.94, 70.95, 70.105,
77.55, 90.48, and 90.58 RCW, and the substantive provisions
of any laws requiring or authorizing local government permits of approvals. The department shall establish procedures
for ensuring that such remedial actions comply with the substantive requirements adopted pursuant to such laws, and
shall consult with the state agencies and local governments
charged with implementing these laws. The procedures shall
provide an opportunity for comment by the public and by the
state agencies and local governments that would otherwise
implement the laws referenced in this section. Nothing in
this section is intended to prohibit implementing agencies
from charging a fee to the person conducting the remedial
action to defray the costs of services rendered relating to the
substantive requirements for the remedial action.
(2) An exemption in this section or in RCW 70.94.335,
70.95.270, 70.105.116, *77.55.030, 90.48.039, and
90.58.355 shall not apply if the department determines that
the exemption would result in loss of approval from a federal
agency necessary for the state to administer any federal law,
including the federal resource conservation and recovery act,
the federal clean water act, the federal clean air act, and the
federal coastal zone management act. Such a determination
by the department shall not affect the applicability of the
exemptions to other statutes specified in this section. [2003 c
39 § 30; 1994 c 257 § 14.]
*Reviser’s note: RCW 77.55.030 was recodified as RCW 77.55.061
pursuant to 2005 c 146 § 1001.
Severability—1994 c 257: See note following RCW 36.70A.270.
70.105D.100
70.105D.100 Grants to local governments—Statement of environmental benefits—Development of outcome-focused performance measures. In providing grants
to local governments, the department shall require grant
recipients to incorporate the environmental benefits of the
project into their grant applications, and the department shall
utilize the statement of environmental benefit[s] in its prioritization and selection process. The department shall also
develop appropriate outcome-focused performance measures
to be used both for management and performance assessment
of the grant program. To the extent possible, the department
should coordinate its performance measure system with other
natural resource-related agencies as defined in RCW
[Title 70 RCW—page 354]
43.41.270. The department shall consult with affected interest groups in implementing this section. [2001 c 227 § 5.]
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
70.105D.110
70.105D.110 Releases of hazardous substances—
Notice—Exemptions. (1) Except as provided in subsection
(5) of this section, any owner or operator of a facility that is
actively transitioning from operating under a federal permit
for treatment, storage, or disposal of hazardous waste issued
under 42 U.S.C. Sec. 6925 to operating under the provisions
of this chapter, who has information that a hazardous substance has been released to the environment at the owner or
operator’s facility that may be a threat to human health or the
environment, shall issue a notice to the department within
ninety days. The notice shall include a description of any
remedial actions planned, completed, or underway.
(2) The notice must be posted in a visible, publicly
accessible location on the facility, to remain in place until all
remedial actions except confirmational monitoring are complete.
(3) After receiving the notice from the facility, the
department must review the notice and mail a summary of its
contents, along with any additional information deemed
appropriate by the department, to:
(a) Each residence and landowner of a residence whose
property boundary is within three hundred feet of the boundary of the property where the release occurred or if the release
occurred from a pipeline or other facility that does not have a
property boundary, within three hundred feet of the actual
release;
(b) Each business and landowner of a business whose
property boundary is within three hundred feet of the boundary of the property where the release occurred;
(c) Each residence, landowner of a residence, and business with a property boundary within the area where hazardous substances have come to be located as a result of the
release;
(d) Neighborhood associations and community organizations representing an area within one mile of the facility
and recognized by the city or county with jurisdiction within
this area;
(e) The city, county, and local health district with jurisdiction within the areas described in (a), (b), and (c) of this
subsection; and
(f) The department of health.
(4) A notice produced by a facility shall provide the following information:
(a) The common name of any hazardous substances
released and, if available, the chemical abstract service registry number of these substances;
(b) The address of the facility where the release
occurred;
(c) The date the release was discovered;
(d) The cause and date of the release, if known;
(e) The remedial actions being taken or planned to
address the release;
(f) The potential health and environmental effects of the
hazardous substances released; and
(g) The name, address, and telephone number of a contact person at the facility where the release occurred.
(2006 Ed.)
Mixed Radioactive and Hazardous Waste
(5) The following releases are exempt from the notification requirements in this section:
(a) Application of pesticides and fertilizers for their
intended purposes and according to label instructions;
(b) The lawful and nonnegligent use of hazardous household substances by a natural person for personal or domestic
purposes;
(c) The discharge of hazardous substances in compliance
with permits issued under chapter 70.94, 90.48, or 90.56
RCW;
(d) De minimis amounts of any hazardous substance
leaked or discharged onto the ground;
(e) The discharge of hazardous substances to a permitted
waste water treatment facility or from a permitted waste
water collection system or treatment facility as allowed by a
facility’s discharge permit;
(f) Any releases originating from a single-family or multifamily residence, including but not limited to the discharge
of oil from a residential home heating oil tank with the capacity of five hundred gallons or less;
(g) Any spill on a public road, street, or highway or to
surface waters of the state that has previously been reported
to the United States coast guard and the state division of
emergency management under chapter 90.56 RCW;
(h) Any release of hazardous substances to the air;
(i) Any release that occurs on agricultural land, including
land used to grow trees for the commercial production of
wood or wood fiber, that is at least five acres in size, when the
effects of the release do not come within three hundred feet of
any property boundary. For the purposes of this subsection,
agricultural land includes incidental uses that are compatible
with agricultural or silvicultural purposes, including, but not
limited to, land used for the housing of the owner, operator,
or employees, structures used for the storage or repair of
equipment, machinery, and chemicals, and any paths or roads
on the land; and
(j) Releases that, before January 1, 2003, have been previously reported to the department, or remediated in compliance with a settlement agreement under RCW
70.105D.040(4) or enforcement order or agreed order issued
under this chapter or have been the subject of an opinion from
the department under RCW 70.105D.030(1)(i) that no further
remedial action is required.
An exemption from the notification requirements of this
section does not exempt the owner or operator of a facility
from any other notification or reporting requirements, or
imply a release from liability under this chapter.
(6) If a significant segment of the community to be notified speaks a language other than English, an appropriate
translation of the notice must also be posted and mailed to the
department in accordance with the requirements of this section.
(7) The facility where the release occurred is responsible
for reimbursing the department within thirty days for the
actual costs associated with the production and mailing of the
notices under this section. [2002 c 288 § 2.]
Effective date—2002 c 288 §§ 2-4: "Sections 2 through 4 of this act
take effect January 1, 2003." [2002 c 288 § 6.]
Severability—2002 c 288: See note following RCW 70.105D.010.
(2006 Ed.)
Chapter 70.105E
70.105D.900
70.105D.900 Short title—1989 c 2. This act shall be
known as "the model toxics control act." [1989 c 2 § 22 (Initiative Measure No. 97, approved November 8, 1988).]
70.105D.905
70.105D.905 Captions—1989 c 2. As used in this act,
captions constitute no part of the law. [1989 c 2 § 21 (Initiative Measure No. 97, approved November 8, 1988).]
70.105D.910
70.105D.910 Construction—1989 c 2. The provisions
of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between
the provisions of this act and any other act, the provisions of
this act shall govern. [1989 c 2 § 19 (Initiative Measure No.
97, approved November 8, 1988).]
70.105D.915
70.105D.915 Existing agreements—1989 c 2. The
consent orders and decrees in effect on March 1, 1989, shall
remain valid and binding. [1989 c 2 § 20 (Initiative Measure
No. 97, approved November 8, 1988).]
70.105D.920
70.105D.920 Effective date—1989 c 2. (1) Sections 1
through 24 of this act shall take effect March 1, 1989, except
that the director of ecology and the director of revenue may
take whatever actions may be necessary to ensure that sections 1 through 24 of this act are implemented on their effective date.
*(2) This section does not apply and shall have no force
or effect if (a) this act is passed by the legislature in the 1988
regular session or (b) no bill is enacted by the legislature
involving hazardous substance cleanup (along with any other
subject matter) between August 15, 1987, and January 1,
1988. [1989 c 2 § 26 (Initiative Measure No. 97, approved
November 8, 1988).]
*Reviser’s note: Neither condition contained in subsection (2) was
met.
70.105D.921
70.105D.921 Severability—1989 c 2. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 2 § 18 (Initiative Measure No. 97, approved November 8, 1988).]
Chapter 70.105E RCW
MIXED RADIOACTIVE AND HAZARDOUS WASTE
Chapter 70.105E
Sections
70.105E.010
70.105E.020
70.105E.030
70.105E.040
70.105E.050
70.105E.060
70.105E.070
70.105E.080
70.105E.090
70.105E.100
70.105E.900
70.105E.901
70.105E.902
Purpose.
Policy.
Definitions.
Duties of the department of ecology to regulate mixed
wastes.
Releases of radioactive substances—Clean-up standards.
Disposal of waste in unlined trenches—Investigation and
cleanup of unlined trenches—Closure of mixed waste tank
systems.
Disclosure of costs and clean-up budgets.
Exemptions: Naval reactor disposal at Hanford—Low-level
waste compact.
Advisory board—Public involvement—Funding.
Enforcement and appeals.
Construction—2005 c 1 (Initiative Measure No. 297).
Short title—2005 c 1 (Initiative Measure No. 297).
Captions not law—2005 c 1 (Initiative Measure No. 297).
[Title 70 RCW—page 355]
70.105E.010
Title 70 RCW: Public Health and Safety
70.105E.010
70.105E.010 Purpose. The purpose of chapter 1, Laws
of 2005 is to prohibit sites at which mixed radioactive and
hazardous wastes have contaminated or threaten to contaminate the environment, such as at the Hanford nuclear reservation, from adding more waste that is not generated from the
cleanup of the site until such waste on-site has been cleaned
up and is stored, treated, or disposed of in compliance with all
state and federal environment laws. [2005 c 1 § 1 (Initiative
Measure No. 297, approved November 2, 2004).]
Decisions involving transportation of these wastes must be
made with full involvement of the potentially affected public
through whose communities these wastes will pass. [2005 c
1 § 2 (Initiative Measure No. 297, approved November 2,
2004).]
Reviser’s note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al.,
U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).
70.105E.030
Reviser’s note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al.,
U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).
70.105E.020
70.105E.020 Policy. (1) The Hanford nuclear reservation, through which the Columbia river flows for fifty miles,
is the most contaminated area in North America. Use of Hanford as a national waste dump for radioactive and/or hazardous or toxic wastes will increase contamination and risks.
(2) Cleanup is the state of Washington’s top priority at
sites with hazardous waste contamination that threatens our
rivers, ground water, environment, and health. Adding more
waste to contaminated sites undermines the cleanup of those
sites. Cleanup is delayed and funds and resources diverted if
facilities needed to treat or clean up existing waste are used
for imported waste, and if larger facilities must be built to
accommodate off-site wastes.
(3) The fundamental and inalienable right of each person
residing in Washington state to a healthy environment has
been jeopardized by pollution of air and water spreading
from Hanford.
(4) The economy of Washington state, from agriculture
to tourism, to fisheries, could be irreparably harmed from any
accident releasing radiation or mixed radioactive and hazardous wastes.
(5) It is Washington state policy to prohibit adding more
waste to a site where mixed radioactive and hazardous wastes
(a) are not stored or monitored in compliance with state and
federal hazardous waste laws and (b) have been dumped in
unlined soil trenches which threaten to contaminate our
state’s resources.
(6) It is state policy to protect Washington’s current and
future residents, particularly children and other sensitive
individuals, from the cumulative risks of cancer caused by all
cancer-causing hazardous substances, including radionuclides, by ensuring that hazardous substance release and disposal sites meet the standards established pursuant to chapter
70.105D RCW.
(7) Effective public and tribal involvement is necessary
for government agencies to make sound decisions that will
protect human health and the environment for thousands of
years. It is Washington state policy to encourage and
enhance effective public and tribal involvement in the complex decisions relating to cleanup, closure, permitting, and
transportation of mixed waste; and to provide effective assistance to the public and local governments in reviewing and
commenting upon complex decision documents. It is appropriate that the polluter pay for necessary public participation
for decisions relating to waste releases and risks from mixed
waste sites.
(8) The transport of mixed radioactive and hazardous
wastes is inherently dangerous, and should be minimized.
[Title 70 RCW—page 356]
70.105E.030 Definitions. The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Dangerous waste" has the same meaning as the term
is defined in RCW 70.105.010.
(2) "Department" means the department of ecology.
(3) "Dispose" or "disposal" have the same meanings as
the terms are defined in RCW 70.105.010.
(4) "Facility" has the same meaning as the term is
defined in RCW 70.105.010.
(5) "Hanford" means the geographic area comprising the
Hanford nuclear reservation, owned and operated by the
United States department of energy, or any successor federal
agency.
(6) "Hazardous substance" has the same meaning as the
term is defined in RCW 70.105D.020.
(7) "Hazardous waste" means and includes all dangerous
and extremely hazardous waste, as those terms are defined in
RCW 70.105.010.
(8) "Local government" means a city, town, or county.
(9) "Mixed waste" or "mixed radioactive and hazardous
waste" means any hazardous substance or dangerous or
extremely hazardous waste that contains both a nonradioactive hazardous component and a radioactive component,
including any such substances that have been released to the
environment, or pose a threat of future release, in a manner
that may expose persons or the environment to either the nonradioactive or radioactive hazardous substances.
(10) "Mixed waste surcharge" means an additional
charge for the purposes of local government and public participation in decisions relating to mixed waste facilities:
Added to the service charge assessed under RCW 70.105.280
against those facilities that store, treat, incinerate, or dispose
of mixed wastes; or against facilities at which mixed wastes
have been released, or which are undergoing closure pursuant
to chapter 70.105 RCW or remedial action pursuant to chapter 70.105D RCW.
(11) "Person" has the same meaning as the term is
defined in RCW 70.105D.020.
(12) "Release" has the same meaning as the term is
defined in RCW 70.105D.020.
(13) "Remedy or remedial action" have the same meanings as the terms are defined in RCW 70.105D.020.
(14) "Site" means the contiguous geographic area under
the same ownership, lease, or operation where a facility is
located, or where there has been a release of hazardous substances. In the event of a release of hazardous substances,
"site" includes any area, or body of surface or ground water,
where a hazardous substance has been deposited, stored, disposed of, placed, migrated to, or otherwise come to be
located.
(2006 Ed.)
Mixed Radioactive and Hazardous Waste
(15) Unless otherwise defined, or the context indicates
otherwise, terms not defined in this section have the same
meaning as defined in chapter 70.105 RCW, when used in
this chapter. [2005 c 1 § 3 (Initiative Measure No. 297,
approved November 2, 2004).]
Reviser’s note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al.,
U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).
70.105E.040
70.105E.040 Duties of the department of ecology to
regulate mixed wastes. (1) The department of ecology shall
regulate mixed wastes to the fullest extent it is not preempted
by federal law, pursuant to chapter 70.105 RCW and the further provisions of this chapter.
(2) Any facility owner or operator of a site storing, managing, processing, transferring, treating, or disposing of
mixed wastes shall apply for and obtain a final facility permit
under chapter 70.105 RCW, this chapter, and the federal
resource, conservation, and recovery act (RCRA), 42 U.S.C.
Sec. 6901 et seq., as amended, before transporting to, storing
or disposing at, the facility any additional mixed wastes not
generated at the facility. At any facility granted a sitewide
permit, under which permits for individual units are
appended or become individual chapters, final facility permits must be applied for and obtained, for each unit or facility
within the site where mixed wastes are, or will be, stored or
disposed, prior to transporting to, storing or disposing at, the
facility any additional mixed wastes not generated at the
facility.
(3) The department shall not issue any permit requested
under subsection (2) of this section unless the facility owner
or operator is in compliance with the requirements of chapter
70.105 RCW, this chapter, and RCRA, 42 U.S.C. Sec. 6901
et seq., as amended, for obtaining and maintaining a final
facility permit for existing mixed wastes stored, treated, or
disposed of at the facility.
(4) If any sites, units, or facilities have interim status or
an interim status permit, but fail to meet requirements for
maintaining interim status under chapter 70.105 RCW, this
chapter, or RCRA, 42 U.S.C. Sec. 6901 et seq., as amended,
including but not limited to ground water monitoring and
compliance requirements, the department shall find that the
applicant for a final facility permit for mixed wastes under
this section has failed to demonstrate compliance for purposes of obtaining such a permit pursuant to subsection (2) or
(3) of this section.
(5) The addition of new trenches or cells, or widening or
deepening of trenches, at a site with existing trenches containing mixed wastes shall be considered an expansion of the
existing facilities for purposes of compliance with chapter
70.105 RCW or this chapter, and any permit or permit modification for such expansion shall be subject to the requirements of this section.
(6)(a) The department shall not issue a permit, or modify
any existing permit, allowing for the treatment, storage, or
disposal of any additional mixed wastes not generated at the
site or facility as part of a remedial or corrective action, until:
(i) The site or facility is in full compliance with the
requirements of chapter 70.105 RCW, this chapter, and
RCRA, 42 U.S.C. Sec. 6901 et seq., as amended, for obtaining and maintaining a closure permit for any facility or unit
(2006 Ed.)
70.105E.050
from which a release of hazardous substances has occurred or
is threatened to occur, after characterization and corrective
action; or
(ii) The department has issued a formal determination
that no further remedial action is necessary to remedy such a
release pursuant to chapter 70.105D RCW.
(b) The prohibitions of this subsection (6) against granting or modifying a permit apply whenever a release of a hazardous substance, including but not limited to releases of
radionuclides and any other carcinogenic substances, has
occurred at a site or facility, and such release, or the cumulative impact of all releases at the site, are projected by the
department to have the potential to exceed the following standards:
(i) Surface or ground water standards established pursuant to federal or state laws, including but not limited to maximum concentration limits, drinking water, or other standards; or
(ii) Cleanup or other standards adopted to protect human
health or the environment pursuant to RCW 70.105D.030.
(7) Until all the requirements of subsection (6) [of this
section] have been met, the department shall, by permit condition, limit any new construction of, expansion of, or final
facility permit for, a facility for treating, storing or disposing
of mixed waste to the capacity or size necessary for investigation, characterization, remediation, or corrective action of
facilities or units undergoing closure, or remedial or corrective action at the site.
(8) The department may grant or modify permits pursuant to chapter 70.105 RCW solely for the purpose of remediating or closing existing facilities or units where there has
been a release or threatened release of mixed wastes, if the
permit expressly bars the storage or disposal of wastes that
are not generated on-site pursuant to a remedial action, closure or corrective action approved by the department pursuant to this chapter or chapter 70.105D RCW.
(9) The department may permit specific treatment capacity at sites subject to the limitations of this section to be utilized for remediation or clean-up wastes from other sites,
consistent with a site treatment plan approved by the department pursuant to RCRA, 42 U.S.C. [Sec.] 6901 et seq., as
amended; provided that the department determines, after
public notice and comment and consideration of impacts and
alternatives in an environmental impact statement prepared
pursuant to chapter 43.21C RCW, that use of such capacity
will not: (i) Significantly increase any emissions, discharges,
risks or consequences of potential accidents; (ii) result in permanent disposal of imported off-site wastes in the soil at the
site; (iii) be stored in excess of any applicable time limits, or
any applicable requirement; or, (iv) impact funding for
cleanup and corrective actions at the site or, result in delay of
treatment or remediation of wastes at the site. [2005 c 1 § 4
(Initiative Measure No. 297, approved November 2, 2004).]
Reviser’s note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al.,
U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).
70.105E.050
70.105E.050 Releases of radioactive substances—
Clean-up standards. (1) The department shall consider
releases, or potential releases, of radioactive substances or
radionuclides as hazardous substances if the radioactive sub[Title 70 RCW—page 357]
70.105E.060
Title 70 RCW: Public Health and Safety
stance poses a risk of a carcinogenic, toxic, or any other
adverse health or environmental effect. The department shall
require corrective action for, or remediation of, such releases
to meet the same health risk based minimum clean-up standards as adopted for other carcinogenic, toxic, or other hazardous substances posing similar health risks pursuant to
RCW 70.105D.030.
(2) The department shall include all known or suspected
human carcinogens, including radionuclides and radioactive
substances, in calculating the applicable clean-up standard,
corrective action level, or maximum allowable projected
release from a landfill or other facility or unit at which mixed
wastes are stored, disposed, or are reasonably believed by the
department to be present, for purposes of chapter 70.105
RCW, this chapter, or chapter 70.105D RCW. In making any
permit decision pursuant to chapter 70.105 RCW or this
chapter, or in reviewing the adequacy of any environmental
document prepared by another state, local, or federal agency,
relating to mixed waste sites or facilities, the department shall
ensure that the cumulative risk from all such carcinogens
does not exceed the maximum acceptable carcinogen risk
established by the department for purposes of determining
clean-up standards pursuant to RCW 70.105D.030, or one
additional cancer caused from exposure to all potential
releases of hazardous substances at the site per one hundred
thousand exposed individuals, whichever is more protective.
[2005 c 1 § 5 (Initiative Measure No. 297, approved November 2, 2004).]
Reviser’s note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al.,
U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).
70.105E.060
70.105E.060 Disposal of waste in unlined trenches—
Investigation and cleanup of unlined trenches—Closure
of mixed waste tank systems. (1)(a) The department, within
sixty days after December 2, 2004, shall order any site owner
or operator utilizing landfills or burial grounds containing
unlined soil trenches in which mixed wastes are reasonably
believed by the department to have been disposed to:
(i) Cease disposal of all further wastes in unlined soil
trenches or facilities within thirty days of the order;
(ii) Initiate an investigation to provide the department
with an inventory based on actual characterization of all hazardous substances potentially disposed in unlined trenches;
(iii) Initiate an investigation of releases or potential
releases of any hazardous substances that were potentially
disposed in unlined trenches;
(iv) Prepare, or pay the costs of the department to prepare, pursuant to the provisions of chapters 70.105 and
70.105D RCW, a plan for waste retrieval, treatment, closure,
and monitoring for the unlined soil trenches, which may
include temporary caps pending full characterization and
remediation, the schedule for which shall be based upon
determination of requirements to prevent migration of
wastes; and
(v) Install and maintain a ground water and soil column
monitoring system, within two years, which is in compliance
with all requirements of chapter 70.105 RCW, this chapter,
and RCRA, 42 U.S.C. Sec. 6901 et seq., as amended.
(b) The department shall provide, by rule, for public
notice, hearings, and comment on the scope of investigations
[Title 70 RCW—page 358]
and all actions necessary to fulfill the purposes of this section. Notice to the public for purposes of this section shall
include a description of potential impacts to health or the
environment from the facilities, and the potential for any state
resources, or land areas, to be restricted from future use due
to potential releases of hazardous substances from the site or
facility.
(2) At any site with one or more land disposal facilities
or units containing unlined trenches or pits, at which mixed
wastes are stored or were disposed, any proposed expansion
of such land disposal facility or unit, or application to permit
new land disposal facilities at the same site, shall be considered to be an impermissible expansion of the existing units or
facilities where:
(a) There is a reasonable basis to believe mixed or hazardous wastes are buried or stored that have not been fully
characterized to conclusively determine that no mixed or hazardous wastes are present;
(b) A release of a hazardous substance has occurred,
including but not limited to releases of radioactive or mixed
wastes; or
(c) The department has information to indicate that there
is a significant potential for a release of hazardous substances.
(3) Determinations and permit actions, pursuant to chapter 70.105 RCW or this chapter, relating to the closure of tank
systems consisting of one or more interconnected tanks in
which mixed wastes are currently, or were, stored, shall be
made by the department only after consideration of the cumulative impacts of all tank residuals and leaks from such systems at the site pursuant to chapter 43.21C RCW. Actions
may not be taken to close individual tanks, or which may prevent the retrieval of residual mixed wastes remaining in a
tank, in any element of the tank system, or in the soil due to
leaks from the tank system, prior to compliance with this section and determination of the quantity, nature, and potential
impacts from such residuals or releases. In no event may the
department allow the use of a landfill closure for mixed waste
tank systems prior to all potentially effective and practicable
actions having been taken to characterize, and remediate,
releases and potential releases. The department may require
research and development of technologies for characterization or retrieval pursuant to this section. [2005 c 1 § 6 (Initiative Measure No. 297, approved November 2, 2004).]
Reviser’s note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al.,
U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).
70.105E.070
70.105E.070 Disclosure of costs and clean-up budgets. The department shall require, as a condition for any
permit issued pursuant to the provisions of chapter 70.105
RCW or this chapter for facilities storing, treating, or disposing of mixed wastes, and at which hazardous substance
releases to the environment have occurred, and remedial or
corrective action has not been completed, that the site owner
or operator disclose annually to the department the projected
total and annual cost of each project or action required to
meet the provisions of each applicable federal or state law
governing investigation, cleanup, corrective action, closure,
or health and safety of facilities at the site; and, if the owner
or operator is a state or federal agency, the budgets or budget
(2006 Ed.)
Mixed Radioactive and Hazardous Waste
requests for such purposes for the owner’s current fiscal year
and each of the upcoming three fiscal years. Where the
owner of the site is a federal agency, the annual disclosure
shall be provided to the department within fourteen days of:
Submission of the agency’s budget request to congress; final
appropriation of funds; and at the time any field request is
submitted to the agency’s headquarters for funding in fiscal
years beyond the current fiscal year. The disclosures to the
department required by this section shall include, at a minimum, a comparison of the cost estimate for all activity
required by compliance orders, decrees, schedules, or agreements, with the funds requested and with the funds appropriated. The owner or operator shall provide additional detail on
projected costs and budgets, at the request of the department.
Every year, the department shall hold public hearings, and
seek advice from the site advisory board, on the disclosures
required by this section and funding priorities. [2005 c 1 § 7
(Initiative Measure No. 297, approved November 2, 2004).]
Reviser’s note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al.,
U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).
70.105E.080
70.105E.080 Exemptions: Naval reactor disposal at
Hanford—Low-level waste compact. (1) Intent. The state
of Washington has previously permitted, and committed to
assist in the national need for, disposal of sealed nuclear reactor vessels and compartments from submarines and other vessels of the United States navy; and to operate a regional disposal site for low-level waste with no hazardous waste pursuant to an interstate compact. The United States navy reactor
vessels or compartments are sealed in a manner estimated to
prevent release of hazardous or radioactive wastes for hundreds of years, exceeding the performance of a liner system
while disposal trenches are operating. Therefore, the state of
Washington accepts the burden and risks of continued disposal of retired United States navy reactor vessels and lowlevel waste pursuant to the compact, recognizing that this disposal will cause future impacts to the soil, environment, and
ground water.
(2) Nothing in chapter 1, Laws of 2005 shall affect existing permits for, or in any manner prohibit, the storage or disposal of sealed nuclear reactor vessels or compartments from
retired United States navy submarines or surface ships at the
existing disposal facility at Hanford, or affect existing permits for the operation of any facility by the federal government at which United States navy reactors are decommissioned or refueled.
(3) Obligations of the state pursuant to the Northwest
interstate compact on low-level radioactive waste management and agreements made by the compact shall not be interfered with or affected by any provision of chapter 1, Laws of
2005. If hazardous or mixed wastes have been disposed or
released at any facility operated pursuant to the compact, the
relevant provisions of this chapter apply. [2005 c 1 § 8 (Initiative Measure No. 297, approved November 2, 2004).]
Reviser’s note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al.,
U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).
70.105E.090
70.105E.090 Advisory board—Public involvement—
Funding. (1) At any site or facility at which there has been a
(2006 Ed.)
70.105E.090
release of mixed wastes, permits issued under chapter 70.105
RCW for mixed waste facilities shall provide for the operation and funding of a broadly representative advisory board.
The board shall be composed of representatives chosen by:
Potentially affected tribes; regional and statewide citizen
groups with an established record of concern regarding
human health or the environment impacted or potentially
impacted by releases from the site; local groups concerned
with health and resource impacts; local governments; and the
state of Oregon if that state may be, or has been, impacted by
the release or threatened release of waste. Such permits shall
specify that the advisory board be continued with adequate
funding, provided by the owner or operator of the site, to perform its chartered functions until final closure or certification
of the completion of remedial or corrective action.
(2) The department shall request the advisory board created or maintained at a facility pursuant to this section to
advise it on procedural and substantive matters necessary for
informed public comment. The department shall formally
consider and respond to any comments from the advisory
board regarding exposure scenarios prior to issuing any decision on a remedial, corrective, or closure action.
(3) The department shall base planning for its own oversight and permitting functions utilizing an assumption that
mixed waste facility service charges established pursuant to
RCW 70.105.280 should not be less than one percent of the
first two hundred million dollars of the estimated annual site
clean-up budget for the coming year, and one-half of one percent of the estimated annual site clean-up budget above that
level. If the department determines that a lower or higher
level of service charges is necessary to support its oversight
and public involvement functions, then it shall seek comment
from any advisory committee established for the site, and
from the public, regarding the appropriate level of support.
(4)(a) Due to the complexity of issues involving mixed
waste storage, treatment and disposal facilities, at such facilities, the department shall make available annual local government and public participation grants for both: (i) Assistance in public review of mixed waste permit, closure, and
clean-up decisions; and, (ii) review of, and public comment
on, site budgets, compliance costs and funding priorities.
Public participation grants pursuant to this section shall be
provided as determined by the criteria adopted by the department pursuant to RCW 70.105D.070(5). Local government
grants pursuant to this section shall be made available to
either a local government or a coalition of local governments.
Grants under this section may be renewed annually at a level
two times that permitted under RCW 70.105D.070(5), and
shall not be subject to annual appropriation by the legislature.
(b) Local government and public participation grants
established under this chapter shall be funded through the
state toxics control account, by charging an applicant or permit holder a mixed waste surcharge added to the service
charge established by RCW 70.105.280. This surcharge shall
be collected and administered consistent with the procedures
and requirements established in this section and RCW
70.105.280 to ensure adequate public and local government
involvement. This mixed waste surcharge shall be no less
than fifteen one-hundredths of one percent of the first two
hundred million dollars of annual site budget for all related
clean-up activities, of which five one-hundredths of one per[Title 70 RCW—page 359]
70.105E.100
Title 70 RCW: Public Health and Safety
cent shall be available for grants to local government. The
mixed waste surcharge for public and local government participation grants shall be five one-hundredths of one percent
of the portion of any estimated annual site clean-up budget
exceeding two hundred million dollars. Any unused mixed
waste surcharges assessed under this section shall remain in
the state toxics control account established pursuant to chapter 70.105D RCW, and shall be utilized to reduce the mixed
waste surcharge assessed the owner or operator of the facility
in future years.
(5) For federal facilities with releases of mixed wastes or
hazardous substances owned or operated [by] a federal
agency, such as Hanford, the annual site clean-up budget
shall be determined by the department, for purposes of this
section, based upon the greater of the congressional budget
request or appropriations of the federal government for activities at the site related to cleanup or waste management. If
the appropriation amount for a fiscal year exceeds the congressional budget request, the department shall adjust the
assessment of the mixed waste surcharge within thirty days
of final enactment of the appropriation. [2005 c 1 § 9 (Initiative Measure No. 297, approved November 2, 2004).]
1 § 11 (Initiative Measure No. 297, approved November 2,
2004).]
Reviser’s note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al.,
U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).
70.105E.901 Short title—2005 c 1 (Initiative Measure
No. 297). This act shall be known as the Cleanup Priority
Act. [2005 c 1 § 12 (Initiative Measure No. 297, approved
November 2, 2004).]
70.105E.901
Reviser’s note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al.,
U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).
70.105E.902 Captions not law—2005 c 1 (Initiative
Measure No. 297). Captions used in this act are not any part
of the law. [2005 c 1 § 13 (Initiative Measure No. 297,
approved November 2, 2004).]
70.105E.902
Reviser’s note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al.,
U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).
Chapter 70.106
Reviser’s note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al.,
U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).
70.105E.100
70.105E.100 Enforcement and appeals. (1) Any person may bring a civil action to compel the owner or operator
of a mixed waste facility to comply with the requirements of
this chapter or any permit or order issued by the department
pursuant to this chapter; or to compel the department to perform any nondiscretionary duty under this chapter. At least
thirty days before commencing the action, the person must
give written notice to the department of intent to sue, unless a
substantial endangerment exists. The court may award attorney fees and other costs to a prevailing plaintiff in the action.
(2) Orders of the department relating to mixed waste
facilities under this chapter may be appealed to the pollution
control hearings board, by any person whose interests in natural resources or health may be adversely affected by the
action or inaction of the department.
(3) Civil actions under this section may be brought in
superior court of Thurston county or of the county in which
the release or threatened release of a hazardous substance
occurs, or where mixed wastes that are the subject of the
action may be transported, stored, treated, or disposed.
(4) Any violation of this chapter shall be considered a
violation of chapter 70.105 RCW, and subject to all enforcement actions by the department or attorney general for violations of that chapter, including imposition of civil or criminal
penalties. [2005 c 1 § 10 (Initiative Measure No. 297,
approved November 2, 2004).]
Reviser’s note: Initiative Measure No. 297 was declared unconstitutional in its entirety in United States of America, et al. v. Manning, et al.,
U.S.D.C. No. CV-04-5128-AAM (E.D. Wash. 2006).
70.105E.900
70.105E.900 Construction—2005 c 1 (Initiative Measure No. 297). The provisions of this act are to be liberally
construed to effectuate the policies and purposes of this act.
In the event of conflict between the provisions of this act and
any other act, the provisions of this act shall govern. [2005 c
[Title 70 RCW—page 360]
Chapter 70.106 RCW
POISON PREVENTION—LABELING
AND PACKAGING
Sections
70.106.010
70.106.020
70.106.030
70.106.040
70.106.050
70.106.060
70.106.070
70.106.080
70.106.090
70.106.100
70.106.110
70.106.120
70.106.140
70.106.150
70.106.900
70.106.905
70.106.910
Purpose.
Short title.
Definitions—Construction.
"Director" defined.
"Sale" defined.
"Household substance" defined.
"Package" defined.
"Special packaging" defined.
"Labeling" defined.
Standards for packaging.
Exceptions from packaging standards.
Adoption of rules and regulations under federal poison prevention packaging act.
Penalties.
Authority to adopt regulations—Delegation of authority to
board of pharmacy.
Severability—1974 ex.s. c 49.
Saving—1974 ex.s. c 49.
Chapter cumulative and nonexclusive.
Radioactive and hazardous waste emergency response programs, state coordinator: RCW 38.52.030.
70.106.010 Purpose. The purpose of this chapter is to
provide for special packaging to protect children from personal injury, serious illness or death resulting from handling,
using or ingesting household substances, and to provide penalties. [1974 ex.s. c 49 § 1.]
70.106.010
70.106.020
70.106.020 Short title. This chapter shall be cited as
the Washington Poison Prevention Act of 1974. [1974 ex.s.
c 49 § 2.]
70.106.030 Definitions—Construction. The definitions in RCW 70.106.040 through 70.106.090 unless the context otherwise requires shall govern the construction of this
chapter. [1974 ex.s. c 49 § 3.]
70.106.030
70.106.040
70.106.040 "Director" defined. "Director" means the
director of the department of agriculture of the state of Wash(2006 Ed.)
Poison Prevention—Labeling and Packaging
ington, or his duly authorized representative. [1974 ex.s. c 49
§ 4.]
70.106.050
70.106.050 "Sale" defined. "Sale" means to sell, offer
for sale, hold for sale, handle or use as an inducement in the
promotion of a household substance or the sale of another
article or product. [1974 ex.s. c 49 § 5.]
70.106.060
70.106.060 "Household substance" defined. "Household substance" means any substance which is customarily
produced or distributed for sale for consumption or use, or
customarily stored, by individuals in or about the household
and which is:
(1) A "hazardous substance", which means (a) any substance or mixture of substances or product which (i) is toxic,
(ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer,
(v) is flammable or combustible, or (vi) generates pressure
through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate
result of any customary or reasonably foreseeable handling or
use, including reasonably foreseeable ingestion by children;
(b) any substances which the director by regulation finds to
meet the requirements of subsection (1)(a) of this section; (c)
any radioactive substance, if, with respect to such substance
as used in a particular class of article or as packaged, the
director determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this
chapter in order to protect the public health, safety or welfare;
and (d) any toy or other article intended for use by children
which the director by regulation determines presents an electrical, mechanical or thermal hazard.
(2) A pesticide as defined in the Washington Pesticide
Control Act, chapter 15.58 RCW as now or hereafter
amended;
(3) A food, drug, or cosmetic as those terms are defined
in the Uniform Washington Food, Drug and Cosmetic Act,
chapter 69.04 RCW as now or hereafter amended; or
(4) A substance intended for use as fuel when stored in
portable containers and used in the heating, cooking, or
refrigeration system of a house; or
(5) Any other substance which the director may declare
to be a household substance subsequent to a hearing as provided for under the provisions of chapter 34.05 RCW,
Administrative Procedure Act, for the adoption of rules.
[1974 ex.s. c 49 § 6.]
70.106.070
70.106.070 "Package" defined. "Package" means the
immediate container or wrapping in which any household
substance is contained for consumption, use, or storage by
individuals in or about the household, and, for purposes of
RCW 70.106.110(1)(b), also means any outer container or
wrapping used in the retail display of any such substance to
consumers. Such term does not include:
(1) Any shipping container or wrapping used solely for
the transportation of any household substance in bulk or in
quantity to manufacturers, packers, or processors, or to
wholesale or retail distributors thereof; or
(2) Any shipping container or outer wrapping used by
retailers to ship or deliver any household substance to con(2006 Ed.)
70.106.110
sumers unless it is the only such container or wrapping.
[1974 ex.s. c 49 § 7.]
70.106.080
70.106.080 "Special packaging" defined. "Special
packaging" means packaging that is designed or constructed
to be significantly difficult for children under five years of
age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean
packaging which all such children cannot open or obtain a
toxic or harmful amount within a reasonable time. [1974
ex.s. c 49 § 8.]
70.106.090
70.106.090 "Labeling" defined. "Labeling" means all
labels and other written, printed, or graphic matter upon any
household substance or its package, or accompanying such
substance. [1974 ex.s. c 49 § 9.]
70.106.100
70.106.100 Standards for packaging. (1) The director
may establish in accordance with the provisions of this chapter, by regulation, standards for the special packaging of any
household substance if he finds that:
(a) The degree or nature of the hazard to children in the
availability of such substance, by reason of its packaging is
such that special packaging is required to protect children
from serious personal injury or serious illness resulting from
handling, using or ingesting such substance; and
(b) The special packaging to be required by such standard is technically feasible, practicable, and appropriate for
such substance.
(2) In establishing a standard under this section, the
director shall consider:
(a) The reasonableness of such standard;
(b) Available scientific, medical, and engineering data
concerning special packaging and concerning childhood
accidental ingestions, illness, and injury caused by household
substances;
(c) The manufacturing practices of industries affected by
this chapter; and
(d) The nature and use of the household substance.
(3) In carrying out the provisions of this chapter, the
director shall publish his findings, his reasons therefor, and
citation of the sections of statutes which authorize his action.
(4) Nothing in this chapter authorizes the director to prescribe specific packaging designs, product content, package
quantity, or, with the exception of authority granted in RCW
70.106.110(1)(b), labeling. In the case of a household substance for which special packaging is required pursuant to a
regulation under this section, the director may in such regulation prohibit the packaging of such substance in packages
which he determines are unnecessarily attractive to children.
(5) The director shall cause the regulations promulgated
under this chapter to conform with the requirements or
exemptions of the Federal Hazardous Substances Act and
with the regulations or interpretations promulgated pursuant
thereto. [1974 ex.s. c 49 § 10.]
70.106.110
70.106.110 Exceptions from packaging standards.
(1) For the purpose of making any household substance
which is subject to a standard established under RCW
[Title 70 RCW—page 361]
70.106.120
Title 70 RCW: Public Health and Safety
70.106.100 readily available to elderly or handicapped persons unable to use such substance when packaged in compliance with such standard, the manufacturer or packer, as the
case may be, may package any household substance, subject
to such a standard, in packaging of a single size which does
not comply with such standard if:
(a) The manufacturer or packer also supplies such substance in packages which comply with such standard; and
(b) The packages of such substance which do not meet
such standard bear conspicuous labeling stating: "This package for households without young children"; except that the
director may by regulation prescribe a substitute statement to
the same effect for packaging too small to accommodate such
labeling.
(2) In the case of a household substance which is subject
to such a standard and which is dispensed pursuant to an
order of a physician, dentist, or other licensed medical practitioner authorized to prescribe, such substance may be dispensed in noncomplying packages only when directed in
such order or when requested by the purchaser.
(3) In the case of a household substance subject to such a
standard which is packaged under subsection (1) of this section in a noncomplying package, if the director determines
that such substance is not also being supplied by a manufacturer or packer in popular size packages which comply with
such standard, he may, after giving the manufacturer or
packer an opportunity to comply with the purposes of this
chapter, by order require such substance to be packaged by
such manufacturer or packer exclusively in special packaging
complying with such standard if he finds, after opportunity
for hearing, that such exclusive use of special packaging is
necessary to accomplish the purposes of this chapter. [1974
ex.s. c 49 § 11.]
70.106.120
70.106.120 Adoption of rules and regulations under
federal poison prevention packaging act. One of the purposes of this chapter is to promote uniformity with the Poison
Prevention Packaging Act of 1970 and rules and regulations
adopted thereunder. In accordance with such declared purpose, all of the special packaging rules and regulations
adopted under the Poison Prevention Packaging Act of 1970
(84 Stat. 1670; 7 U.S.C. Sec. 135; 15 U.S.C. Sec. 1261, 14711476; 21 U.S.C. Sec. 343, 352, 353, 362) on July 24, 1974,
are hereby adopted as rules and regulations applicable to this
chapter. In addition, any rule or regulation adopted hereafter
under said Federal Poison Prevention Act of 1970 concerning
special packaging and published in the federal register shall
be deemed to have been adopted under the provisions of this
chapter. The director may, however, within thirty days of the
publication of the adoption of any such rule or regulation
under the Federal Poison Prevention Packaging Act of 1970,
give public notice that a hearing will be held to determine if
such regulations shall not be applicable under the provisions
of this chapter. Such hearing shall be conducted in accord
with the provisions of chapter 34.05 RCW, Administrative
Procedure Act, as now enacted or hereafter amended. [1974
ex.s. c 49 § 12.]
70.106.140
70.106.140 Penalties. (1) Except as provided in subsection (2) of this section, any person violating the provisions of
[Title 70 RCW—page 362]
this chapter or rules adopted under this chapter is guilty of a
misdemeanor.
(2) A second or subsequent violation of the provisions of
this chapter or rules adopted under this chapter is a gross misdemeanor. Any offense committed more than five years after
a previous conviction shall be considered a first offense.
[2003 c 53 § 358; 1974 ex.s. c 49 § 16.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.106.150
70.106.150 Authority to adopt regulations—Delegation of authority to board of pharmacy. The authority to
promulgate regulations for the efficient enforcement of this
chapter is hereby vested in the director. However, the director
shall designate the Washington state board of pharmacy to
carry out all the provisions of this chapter pertaining to drugs
and cosmetics, with authority to promulgate regulations for
the efficient enforcement thereof. [1987 c 236 § 1.]
70.106.900 Severability—1974 ex.s. c 49. If any provision of this 1974 act is declared unconstitutional, or the
applicability thereof to any person or circumstance is held
invalid, the constitutionality of the remainder of the act and
the applicability thereof to other persons and circumstances
shall not be affected thereby. [1974 ex.s. c 49 § 14.]
70.106.900
70.106.905 Saving—1974 ex.s. c 49. The enactment of
this 1974 act shall not have the effect of terminating, or in any
way modifying any liability, civil or criminal, which shall
already be in existence on July 24, 1974. [1974 ex.s. c 49 §
15.]
70.106.905
70.106.910 Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [1974 ex.s. c
49 § 17.]
70.106.910
Chapter 70.107
Chapter 70.107 RCW
NOISE CONTROL
Sections
70.107.010
70.107.020
70.107.030
70.107.040
70.107.050
70.107.060
70.107.070
70.107.080
70.107.900
70.107.910
Purpose.
Definitions.
Powers and duties of department.
Technical advisory committee.
Civil penalties.
Other rights, remedies, powers, duties and functions—Local
regulation—Approval—Procedure.
Rules relating to motor vehicles—Violations—Penalty.
Exemptions.
Construction—Severability—1974 ex.s. c 183.
Short title.
70.107.010 Purpose. The legislature finds that inadequately controlled noise adversely affects the health, safety
and welfare of the people, the value of property, and the quality of the environment. Antinoise measures of the past have
not adequately protected against the invasion of these interests by noise. There is a need, therefore, for an expansion of
efforts statewide directed toward the abatement and control
of noise, considering the social and economic impact upon
the community and the state. The purpose of this chapter is to
provide authority for such an expansion of efforts, supple70.107.010
(2006 Ed.)
Noise Control
menting existing programs in the field. [1974 ex.s. c 183 §
1.]
70.107.020
70.107.020 Definitions. As used in this chapter, unless
the context clearly indicates otherwise:
(1) "Department" means the department of ecology.
(2) "Director" means director of the department of ecology.
(3) "Local government" means county or city government or any combination of the two.
(4) "Noise" means the intensity, duration and character
of sounds from any and all sources.
(5) "Person" means any individual, corporation, partnership, association, governmental body, state, or other entity
whatsoever. [1974 ex.s. c 183 § 2.]
70.107.030
70.107.030 Powers and duties of department. The
department is empowered as follows:
(1) The department, after consultation with state agencies expressing an interest therein, shall adopt, by rule, maximum noise levels permissible in identified environments in
order to protect against adverse affects of noise on the health,
safety and welfare of the people, the value of property, and
the quality of environment: PROVIDED, That in so doing
the department shall take also into account the economic and
practical benefits to be derived from the use of various products in each such environment, whether the source of the
noise or the use of such products in each environment is permanent or temporary in nature, and the state of technology
relative to the control of noise generated by all such sources
of the noise or the products.
(2) At any time after the adoption of maximum noise levels under subsection (1) of this section the department shall,
in consultation with state agencies and local governments
expressing an interest therein, adopt rules, consistent with the
Federal Noise Control Act of 1972 (86 Stat. 1234; 42 U.S.C.
Sec. 4901-4918 and 49 U.S.C. Sec. 1431), for noise abatement and control in the state designed to achieve compliance
with the noise level adopted in subsection (1) of this section,
including reasonable implementation schedules where appropriate, to insure that the maximum noise levels are not
exceeded and that application of the best practicable noise
control technology and practice is provided. These rules may
include, but shall not be limited to:
(a) Performance standards setting allowable noise limits
for the operation of products which produce noise;
(b) Use standards regulating, as to time and place, the
operation of individual products which produce noise above
specified levels considering frequency spectrum and duration: PROVIDED, The rules shall provide for temporarily
exceeding those standards for stated purposes; and
(c) Public information requirements dealing with disclosure of levels and characteristics of noise produced by products.
(3) The department may, as desirable in the performance
of its duties under this chapter, conduct surveys, studies and
public education programs, and enter into contracts.
(4) The department is authorized to apply for and accept
moneys from the federal government and other sources to
assist in the implementation of this chapter.
(2006 Ed.)
70.107.060
(5) The legislature recognizes that the operation of motor
vehicles on public highways as defined in RCW 46.09.020
contributes significantly to environmental noise levels and
directs the department, in exercising the rule-making authority under the provisions of this section, to give first priority to
the adoption of motor vehicle noise performance standards.
(6) Noise levels and rules adopted by the department
pursuant to this chapter shall not be effective prior to March
31, 1975. [1974 ex.s. c 183 § 3.]
70.107.040
70.107.040 Technical advisory committee. The director shall name a technical advisory committee to assist the
department in the implementation of this chapter. Committee
members shall be entitled to reimbursement for travel
expenses as provided in RCW 43.03.050 and 43.03.060, as
now existing or hereafter amended. [1975-’76 2nd ex.s. c 34
§ 164; 1974 ex.s. c 183 § 4.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115.
70.107.050
70.107.050 Civil penalties. (1) Any person who violates any rule adopted by the department under this chapter
shall be subject to a civil penalty not to exceed one hundred
dollars imposed by local government pursuant to this section.
An action under this section shall not preclude enforcement
of any provisions of the local government noise ordinance.
Penalties shall become due and payable thirty days from
the date of receipt of a notice of penalty unless within such
time said notice is appealed in accordance with the administrative procedures of the local government, or if it has no such
administrative appeal, to the pollution control hearings board
pursuant to the provisions of chapter 43.21B RCW and procedural rules adopted thereunder. In cases in which appeals
are timely filed, penalties sustained by the local administrative agency or the pollution control hearings board shall
become due and payable on the issuance of said agency or
board’s final order in the appeal.
(2) Whenever penalties incurred pursuant to this section
have become due and payable but remain unpaid, the attorney
for the local government may bring an action in the superior
court of the county in which the violation occurred for recovery of penalties incurred. In all such actions the procedures
and rules of evidence shall be the same as in any other civil
action. [1987 c 103 § 2; 1974 ex.s. c 183 § 5.]
70.107.060
70.107.060 Other rights, remedies, powers, duties
and functions—Local regulation—Approval—Procedure. (1) Nothing in this chapter shall be construed to deny,
abridge or alter alternative rights of action or remedies in
equity or under common law or statutory law, criminal or
civil.
(2) Nothing in this chapter shall deny, abridge or alter
any powers, duties and functions relating to noise abatement
and control now or hereafter vested in any state agency, nor
shall this chapter be construed as granting jurisdiction over
the industrial safety and health of employees in work places
of the state, as now or hereafter vested in the department of
labor and industries.
(3) Standards and other control measures adopted by the
department under this chapter shall be exclusive except as
[Title 70 RCW—page 363]
70.107.070
Title 70 RCW: Public Health and Safety
hereinafter provided. A local government may impose limits
or control sources differing from those adopted or controlled
by the department upon a finding that such requirements are
necessitated by special conditions. Noise limiting requirements of local government which differ from those adopted
or controlled by the department shall be invalid unless first
approved by the department. If the department of ecology
fails to approve or disapprove standards submitted by local
governmental jurisdictions within ninety days of submittal,
such standards shall be deemed approved. If disapproved, the
local government may appeal the decision to the pollution
control hearings board which shall decide the appeal on the
basis of the provisions of this chapter, and the applicable regulations, together with such briefs, testimony, and oral argument as the hearings board in its discretion may require. The
department determination of whether to grant approval shall
depend on the reasonableness and practicability of compliance. Particular attention shall be given to stationary sources
located near jurisdictional boundaries, and temporary noise
producing operations which may operate across one or more
jurisdictional boundaries.
(4) In carrying out the rule-making authority provided in
this chapter, the department shall follow the procedures of the
administrative procedure act, chapter 34.05 RCW, and shall
take care that no rules adopted purport to exercise any powers
preempted by the United States under federal law. [1987 c
103 § 1; 1974 ex.s. c 183 § 6.]
70.107.910
70.107.910 Short title. This chapter shall be known and
may be cited as the "Noise Control Act of 1974". [1974 ex.s.
c 183 § 12.]
Chapter 70.108
Chapter 70.108 RCW
OUTDOOR MUSIC FESTIVALS
Sections
70.108.010
70.108.020
70.108.030
70.108.040
70.108.050
70.108.060
70.108.070
70.108.080
70.108.090
70.108.100
70.108.110
70.108.120
70.108.130
70.108.140
70.108.150
70.108.160
70.108.170
Legislative declaration.
Definitions.
Permits—Required—Compliance with rules and regulations.
Application for permit—Contents—Filing.
Approval or denial of permit—Corrections—Procedure—
Judicial review.
Reimbursement of expenses incurred in reviewing request.
Cash deposit—Surety bond—Insurance.
Revocation of permits.
Drugs prohibited.
Proximity to schools, churches, homes.
Age of patrons.
Permits—Posting—Transferability.
Penalty.
Inspection of books and records.
Firearms—Penalty.
Preparations—Completion requirements.
Local regulations and ordinances not precluded.
Reviser’s note: Throughout chapter 70.108 RCW the references to
"this act" have been changed to "this chapter." "This act" [1971 ex.s. c 302]
consists of this chapter, the 1971 amendments to RCW 9.40.110-9.40.130,
9.41.010, 9.41.070, 26.44.050, 70.74.135, 70.74.270, 70.74.280, and the
enactment of RCW 9.27.015 and 9.91.110.
70.108.010
70.107.070
70.107.070 Rules relating to motor vehicles—Violations—Penalty. Any rule adopted under this chapter relating
to the operation of motor vehicles on public highways shall
be administered according to testing and inspection procedures adopted by rule by the state patrol. Violation of any
motor vehicle performance standard adopted pursuant to this
chapter shall be a misdemeanor, enforced by such authorities
and in such manner as violations of chapter 46.37 RCW. Violations subject to the provisions of this section shall be
exempt from the provisions of RCW 70.107.050. [1987 c
330 § 749; 1974 ex.s. c 183 § 7.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
70.107.080
70.107.080 Exemptions. The department shall, in the
exercise of rule-making power under this chapter, provide
exemptions or specially limited regulations relating to recreational shooting and emergency or law enforcement equipment where appropriate in the interests of public safety.
The department in the development of rules under this
chapter, shall consult and take into consideration the land use
policies and programs of local government. [1974 ex.s. c 183
§ 8.]
70.107.900
70.107.900 Construction—Severability—1974 ex.s. c
183. (1) This chapter shall be liberally construed to carry out
its broad purposes.
(2) If any provision of this chapter, or its application to
any person or circumstance is held invalid, the remainder of
the chapter, or the application of the provision to other persons or circumstances is not affected. [1974 ex.s. c 183 § 11.]
[Title 70 RCW—page 364]
70.108.010 Legislative declaration. The legislature
hereby declares it to be the public interest, and for the protection of the health, welfare and property of the residents of the
state of Washington to provide for the orderly and lawful
conduct of outdoor music festivals by assuring that proper
sanitary, health, fire, safety, and police measures are provided and maintained. This invocation of the police power is
prompted by and based upon prior experience with outdoor
music festivals where the enforcement of the existing laws
and regulations on dangerous and narcotic drugs, indecent
exposure, intoxicating liquor, and sanitation has been rendered most difficult by the flagrant violations thereof by a
large number of festival patrons. [1971 ex.s. c 302 § 19.]
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
70.108.020
70.108.020 Definitions. For the purposes of this chapter the following words and phrases shall have the indicated
meanings:
(1) "Outdoor music festival" or "music festival" or "festival" means an assembly of persons gathered primarily for
outdoor, live or recorded musical entertainment, where the
predicted attendance is two thousand persons or more and
where the duration of the program is five hours or longer:
PROVIDED, That this definition shall not be applied to any
regularly established permanent place of worship, stadium,
athletic field, arena, auditorium, coliseum, or other similar
permanently established places of assembly for assemblies
which do not exceed by more than two hundred fifty people
the maximum seating capacity of the structure where the
assembly is held: PROVIDED, FURTHER, That this definition shall not apply to government sponsored fairs held on
regularly established fairgrounds nor to assemblies required
to be licensed under other laws or regulations of the state.
(2006 Ed.)
Outdoor Music Festivals
(2) "Promoter" means any person or other legal entity
issued a permit to conduct an outdoor music festival.
(3) "Applicant" means the promoter who has the right of
control of the conduct of an outdoor music festival who
applies to the appropriate legislative authority for a license to
hold an outdoor music festival.
(4) "Issuing authority" means the legislative body of the
local governmental unit where the site for an outdoor music
festival is located.
(5) "Participate" means to knowingly provide or deliver
to the festival site supplies, materials, food, lumber, beverages, sound equipment, generators, or musical entertainment
and/or to attend a music festival. A person shall be presumed
to have knowingly provided as that phrase is used herein after
he has been served with a court order. [1971 ex.s. c 302 §
21.]
70.108.030
70.108.030 Permits—Required—Compliance with
rules and regulations. No person or other legal entity shall
knowingly allow, conduct, hold, maintain, cause to be advertised or permit an outdoor music festival unless a valid permit
has been obtained from the issuing authority for the operation
of such music festival as provided for by this chapter. One
such permit shall be required for each outdoor music festival.
A permit may be granted for a period not to exceed sixteen
consecutive days and a festival may be operated during any
or all of the days within such period. Any person, persons,
partnership, corporation, association, society, fraternal or
social organization, failing to comply with the rules, regulations or conditions contained in this chapter shall be subject
to the appropriate penalties as prescribed by this chapter.
[1971 ex.s. c 302 § 22.]
70.108.040
70.108.040 Application for permit—Contents—Filing. Application for an outdoor music festival permit shall be
in writing and filed with the clerk of the issuing authority
wherein the festival is to be held. Said application shall be
filed not less than ninety days prior to the first scheduled day
of the festival and shall be accompanied with a permit fee in
the amount of two thousand five hundred dollars. Said application shall include:
(1) The name of the person or other legal entity on behalf
of whom said application is made: PROVIDED, That a natural person applying for such permit shall be eighteen years
of age or older;
(2) A financial statement of the applicant;
(3) The nature of the business organization of the applicant;
(4) Names and addresses of all individuals or other entities having a ten percent or more proprietary interest in the
festival;
(5) The principal place of business of applicant;
(6) A legal description of the land to be occupied, the
name and address of the owner thereof, together with a document showing the consent of said owner to the issuance of a
permit, if the land be owned by a person other than the applicant;
(7) The scheduled performances and program;
(8) Written confirmation from the local health officer
that he or she has reviewed and approved plans for site and
(2006 Ed.)
70.108.040
development in accordance with rules, regulations and standards adopted by the state board of health. Such rules and
regulations shall include criteria as to the following and such
other matters as the state board of health deems necessary to
protect the public’s health:
(a) Submission of plans
(b) Site
(c) Water supply
(d) Sewage disposal
(e) Food preparation facilities
(f) Toilet facilities
(g) Solid waste
(h) Insect and rodent control
(i) Shelter
(j) Dust control
(k) Lighting
(l) Emergency medical facilities
(m) Emergency air evacuation
(n) Attendant physicians
(o) Communication systems
(9) A written confirmation from the appropriate law
enforcement agency from the area where the outdoor music
festival is to take place, showing that traffic control and
crowd protection policing have been contracted for or otherwise provided by the applicant meeting the following conditions:
(a) One person for each two hundred persons reasonably
expected to be in attendance at any time during the event for
purposes of traffic and crowd control.
(b) The names and addresses of all traffic and crowd control personnel shall be provided to the appropriate law
enforcement authority: PROVIDED, That not less than
twenty percent of the traffic and crowd control personnel
shall be commissioned police officers or deputy sheriffs:
PROVIDED FURTHER, That on and after February 25,
1972 any commissioned police officer or deputy sheriff who
is employed and compensated by the promoter of an outdoor
music festival shall not be eligible and shall not receive any
benefits whatsoever from any public pension or disability
plan of which he or she is a member for the time he is so
employed or for any injuries received during the course of
such employment.
(c) During the hours that the festival site shall be open to
the public there shall be at least one regularly commissioned
police officer employed by the jurisdiction wherein the festival site is located for every one thousand persons in attendance and said officer shall be on duty within the confines of
the actual outdoor music festival site.
(d) All law enforcement personnel shall be charged with
enforcing the provisions of this chapter and all existing statutes, ordinances and regulations.
(10) A written confirmation from the appropriate law
enforcement authority that sufficient access roads are available for ingress and egress to the parking areas of the outdoor
music festival site and that parking areas are available on the
actual site of the festival or immediately adjacent thereto
which are capable of accommodating one auto for every four
persons in estimated attendance at the outdoor music festival
site.
(11) A written confirmation from the department of natural resources, where applicable, and the chief of the Wash[Title 70 RCW—page 365]
70.108.050
Title 70 RCW: Public Health and Safety
ington state patrol, through the director of fire protection, that
all fire prevention requirements have been complied with.
(12) A written statement of the applicant that all state
and local law enforcement officers, fire control officers and
other necessary governmental personnel shall have free
access to the site of the outdoor music festival.
(13) A statement that the applicant will abide by the provisions of this chapter.
(14) The verification of the applicant warranting the
truth of the matters set forth in the application to the best of
the applicant’s knowledge, under the penalty of perjury.
[1995 c 369 § 59; 1986 c 266 § 120; 1972 ex.s. c 123 § 1;
1971 ex.s. c 302 § 23.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
70.108.050
70.108.050 Approval or denial of permit—Corrections—Procedure—Judicial review. Within fifteen days
after the filing of the application the issuing authority shall
either approve or deny the permit to the applicant. Any denial
shall set forth in detail the specific grounds therefor. The
applicant shall have fifteen days after the receipt of such
denial or such additional time as the issuing authority shall
grant to correct the deficiencies set forth and the issuing
authority shall within fifteen days after receipt of such corrections either approve or deny the permit. Any denial shall set
forth in detail the specific grounds therefor.
After the applicant has filed corrections and the issuing
authority has thereafter again denied the permit, the applicant
may within five days after receipt of such second denial seek
judicial review of such denial by filing a petition in the superior court for the county of the issuing authority. The review
shall take precedence over all other civil actions and shall be
conducted by the court without a jury. The court shall, upon
request, hear oral argument and receive written briefs and
shall either affirm the denial or order that the permit be
issued. An applicant may not use any other procedure to
obtain judicial review of a denial. [1972 ex.s. c 123 § 2; 1971
ex.s. c 302 § 24.]
70.108.060
70.108.060 Reimbursement of expenses incurred in
reviewing request. Any local agency requested by an applicant to give written approval as required by RCW 70.108.040
may within fifteen days after the applicant has filed his application apply to the issuing authority for reimbursment of
expenses reasonably incurred in reviewing such request.
Upon a finding that such expenses were reasonably incurred
the issuing authority shall reimburse the local agency therefor
from the funds of the permit fee. The issuing authority shall
prior to the first scheduled date of the festival return to the
applicant that portion of the permit fee remaining after all
such reimbursements have been made. [1971 ex.s. c 302 §
25.]
70.108.070
70.108.070 Cash deposit—Surety bond—Insurance.
After the application has been approved the promoter shall
deposit with the issuing authority, a cash deposit or surety
bond. The bond or deposit shall be used to pay any costs or
charges incurred to regulate health or to clean up afterwards
outside the festival grounds or any extraordinary costs or
[Title 70 RCW—page 366]
charges incurred to regulate traffic or parking. The bond or
other deposit shall be returned to the promoter when the issuing authority is satisfied that no claims for damage or loss
will be made against said bond or deposit, or that the loss or
damage claimed is less than the amount of the deposit, in
which case the uncommitted balance thereof shall be
returned: PROVIDED, That the bond or cash deposit or the
uncommitted portion thereof shall be returned not later than
thirty days after the last day of the festival.
In addition, the promoter shall be required to furnish evidence that he has in full force and effect a liability insurance
policy in an amount of not less than one hundred thousand
dollars bodily injury coverage per person covering any bodily
injury negligently caused by any officer or employee of the
festival while acting in the performance of his or her duties.
The policy shall name the issuing authority of the permit as
an additional named insured.
In addition, the promoter shall be required to furnish evidence that he has in full force and effect a one hundred thousand dollar liability property damage insurance policy covering any property damaged due to negligent failure by any
officer or employee of the festival to carry out duties imposed
by this chapter. The policy shall have the issuing authority of
the permit as an additional named insured. [1972 ex.s. c 123
§ 3; 1971 ex.s. c 302 § 26.]
70.108.080
70.108.080 Revocation of permits. Revocation of any
permit granted pursuant to this chapter shall not preclude the
imposition of penalties as provided for in this chapter and the
laws of the state of Washington. Any permit granted pursuant
to the provisions of this chapter to conduct a music festival
shall be summarily revoked by the issuing authority when it
finds that by reason of emergency the public peace, health,
safety, morals or welfare can only be preserved and protected
by such revocation.
Any permit granted pursuant to the provisions of this
chapter to conduct a music festival may otherwise be revoked
for any material violation of this chapter or the laws of the
state of Washington after a hearing held upon not less than
three days notice served upon the promoter personally or by
certified mail.
Every permit issued under the provisions of this chapter
shall state that such permit is issued as a measure to protect
and preserve the public peace, health, safety, morals and welfare, and that the right of the appropriate authority to revoke
such permit is a consideration of its issuance. [1971 ex.s. c
302 § 27.]
70.108.090
70.108.090 Drugs prohibited. No person, persons,
partnership, corporation, association, society, fraternal or
social organization to whom a music festival permit has been
granted shall, during the time an outdoor music festival is in
operation, knowingly permit or allow any person to bring
upon the premises of said music festival, any narcotic or dangerous drug as defined by chapters *69.33 or 69.40 RCW, or
knowingly permit or allow narcotic or dangerous drug to be
consumed on the premises, and no person shall take or carry
onto said premises any narcotic or dangerous drug. [1971
ex.s. c 302 § 28.]
*Reviser’s note: Chapter 69.33 RCW was repealed by 1971 ex.s. c 308
§ 69.50.606.
(2006 Ed.)
Flammable Fabrics—Children’s Sleepwear
70.108.100
70.108.100 Proximity to schools, churches, homes.
No music festival shall be operated in a location which is
closer than one thousand yards from any schoolhouse or
church, or five hundred yards from any house, residence or
other human habitation unless waived by occupants. [1971
ex.s. c 302 § 29.]
70.108.110
70.108.110 Age of patrons. No person under the age of
sixteen years shall be admitted to any outdoor music festival
without the escort of his or her parents or legal guardian and
proof of age shall be provided upon request. [1971 ex.s. c
302 § 30.]
70.110.030
sions of this chapter on the music festival site shall be completed thirty days prior to the first day scheduled for the festival. Upon such date or such earlier date when all
preparations have been completed, the promoter shall notify
the issuing authority thereof, and the issuing authority shall
make an inspection of the festival site to determine if such
preparations are in reasonably full compliance with plans
submitted pursuant to RCW 70.108.040. If a material violation exists the issuing authority shall move to revoke the
music festival permit in the manner provided by RCW
70.108.080. [1972 ex.s. c 123 § 6.]
70.108.170
70.108.120
70.108.120 Permits—Posting—Transferability. Any
permit granted pursuant to this chapter shall be posted in a
conspicuous place on the site of the outdoor music festival
and such permit shall be not transferable or assignable without the consent of the issuing authority. [1971 ex.s. c 302 §
31.]
70.108.170 Local regulations and ordinances not precluded. Nothing in this chapter shall be construed as precluding counties, cities and other political subdivisions of the
state of Washington from enacting ordinances or regulations
for the control and regulation of outdoor music festivals nor
shall this chapter repeal any existing ordinances or regulations. [1972 ex.s. c 123 § 7.]
70.108.130
70.108.130 Penalty. (1) Except as otherwise provided
in this section, any person who willfully fails to comply with
the rules, regulations, and conditions set forth in this chapter
or who aids or abets such a violation or failure to comply is
guilty of a gross misdemeanor.
(2)(a) Except as provided in (b) of this subsection, violation of such a rule, regulation, or condition relating to traffic
including parking, standing, stopping, and pedestrian
offenses is a traffic infraction.
(b) Violation of such a rule, regulation, or condition
equivalent to those provisions of Title 46 RCW set forth in
RCW 46.63.020 is a misdemeanor. [2003 c 53 § 359; 1979
ex.s. c 136 § 104; 1971 ex.s. c 302 § 32.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Chapter 70.110
Chapter 70.110 RCW
FLAMMABLE FABRICS—
CHILDREN’S SLEEPWEAR
Sections
70.110.010
70.110.020
70.110.030
70.110.040
70.110.050
70.110.070
70.110.080
70.110.900
70.110.910
Short title.
Legislative finding.
Definitions.
Compliance required.
Attorney general or prosecuting attorneys authorized to bring
actions to restrain or prevent violations.
Strict liability.
Personal service of process—Jurisdiction of courts.
Provisions additional.
Severability—1973 1st ex.s. c 211.
70.110.010
70.110.010 Short title. This chapter may be known and
cited as the "Flammable Fabrics Act". [1973 1st ex.s. c 211
§ 1.]
70.108.140
70.108.140 Inspection of books and records. The
department of revenue shall be allowed to inspect the books
and records of any outdoor music festival during the period of
operation of the festival and after the festival has concluded
for the purpose of determining whether or not the tax laws of
this state are complied with. [1972 ex.s. c 123 § 4.]
70.108.150
70.108.150 Firearms—Penalty. It shall be unlawful
for any person, except law enforcement officers, to carry,
transport or convey, or to have in his possession or under his
control any firearm while on the site of an outdoor music festival.
Any person violating the provisions of this section shall
be guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not less than one hundred dollars and
not more than two hundred dollars or by imprisonment in the
county jail for not less than ten days and not more than ninety
days or by both such fine and imprisonment. [1972 ex.s. c
123 § 5.]
70.108.160
70.108.160 Preparations—Completion requirements. All preparations required to be made by the provi(2006 Ed.)
70.110.020
70.110.020 Legislative finding. The legislature hereby
finds and declares that fabric related burns from children’s
sleepwear present an immediate and serious danger to the
infants and children of this state. The legislature therefore
declares it to be in the public interest, and for the protection
of the health, property, and welfare of the residents of this
state to herein provide for flammability standards for children’s sleepwear. [1973 1st ex.s. c 211 § 2.]
70.110.030
70.110.030 Definitions. As used in this chapter the following words and phrases shall have the following meanings
unless the context clearly requires otherwise:
(1) "Person" means an individual, partnership, corporation, association, or any other form of business enterprise,
and every officer thereof.
(2) "Children’s sleepwear" means any product of wearing apparel from infant size up to and including size fourteen
which is sold or intended for sale for the primary use of sleeping or activities related to sleeping, such as nightgowns, pajamas, and similar or related items such as robes, but excluding
diapers and underwear.
[Title 70 RCW—page 367]
70.110.040
Title 70 RCW: Public Health and Safety
(3) "Fabric" means any material (except fiber, filament,
or yarn for other than retail sale) woven, knitted, felted, or
otherwise produced from or in combination with any material
or synthetic fiber, film, or substitute therefor which is
intended for use, or which may reasonably be expected to be
used, in children’s sleepwear.
(4) The term "infant size up to and including size six-x"
means the sizes defined as infant through and including six-x
in Department of Commerce Voluntary Standards, Commercial Standard 151-50, "Body Measurements for the Sizing of
Apparel for Infants, Babies, Toddlers, and Children", Commercial Standard 153, "Body Measurements for the Sizing of
Apparel for Girls", and Commercial Standard 155, "Body
Measurements for the Sizing of Boys’ Apparel".
(5) "Fabric related burns" means burns that would not
have been incurred but for the fact that sleepwear worn at the
time of the burns did not comply with commercial standards
promulgated by the secretary of commerce of the United
States in March, 1971, identified as Standard for the Flammability of Children’s Sleepwear (DOC FF 3-71) 36 F.R. 14062
and by the Flammable Fabrics Act 15 U.S.C. 1193. [1973 1st
ex.s. c 211 § 3.]
70.110.040
70.110.040 Compliance required. (1) It shall be
unlawful to manufacture for sale, sell, or offer for sale any
new and unused article of children’s sleepwear which does
not comply with the standards established in the Standard for
the Flammability of Children’s Sleepwear (DOC FF 3-71),
36 F.R. 14062 and the Flammable Fabrics Act, 15 U.S.C.
1191-1204.
(2) A violation of this section is a gross misdemeanor.
[2003 c 53 § 360; 1973 1st ex.s. c 211 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.110.050
70.110.050 Attorney general or prosecuting attorneys authorized to bring actions to restrain or prevent
violations. The attorney general or the prosecuting attorney
of any county within the state may bring an action in the
name of the state against any person to restrain and prevent
any violation of this chapter. [1973 1st ex.s. c 211 § 5.]
70.110.070
70.110.070 Strict liability. Any person who violates
RCW 70.110.040 shall be strictly liable for fabric-related
burns. [1973 1st ex.s. c 211 § 7.]
70.110.080
70.110.080 Personal service of process—Jurisdiction
of courts. Personal service of any process in an action under
this chapter may be made upon any person outside the state if
such person has violated any provision of this chapter. Such
person shall be deemed to have thereby submitted himself to
the jurisdiction of the courts of this state within the meaning
of RCW 4.28.180 and 4.28.185, as now or hereafter
amended. [1973 1st ex.s. c 211 § 8.]
70.110.900
70.110.900 Provisions additional. The provisions of
this chapter shall be in addition to and not a substitution for or
limitation of any other law. [1973 1st ex.s. c 211 § 9.]
[Title 70 RCW—page 368]
70.110.910
70.110.910 Severability—1973 1st ex.s. c 211. If any
provision of this chapter, or its application to any person or
circumstance is held invalid the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1973 1st ex.s. c 211 § 10.]
Chapter 70.111
Chapter 70.111 RCW
INFANT CRIB SAFETY ACT
Sections
70.111.010
70.111.020
70.111.030
70.111.040
70.111.060
70.111.070
70.111.900
70.111.901
Findings—Purpose—Intent.
Definitions.
Unsafe cribs—Prohibition—Definition—Penalty.
Exemption.
Civil actions.
Remedies.
Short title.
Severability—1996 c 158.
70.111.010
70.111.010 Findings—Purpose—Intent. (1) The legislature finds all of the following:
(a) The disability and death of infants resulting from
injuries sustained in crib accidents are a serious threat to the
public health, welfare, and safety of the people of this state.
(b) Infants are an especially vulnerable class of people.
(c) The design and construction of a baby crib must
ensure that it is safe to leave an infant unattended for
extended periods of time. A parent or caregiver has a right to
believe that the crib in use is a safe place to leave an infant.
(d) Over thirteen thousand infants are injured in unsafe
cribs every year.
(e) In the past decade, six hundred twenty-two infants
died (a rate of sixty-two infants each year) from injuries sustained in unsafe cribs.
(f) The United States consumer product safety commission estimates that the cost to society resulting from injuries
and death due to unsafe cribs is two hundred thirty-five million dollars per year.
(g) Secondhand, hand-me-down, and heirloom cribs
pose a special problem. There were four million infants born
in this country last year, but only one million new cribs sold.
As many as three out of four infants are placed in secondhand, hand-me-down, or heirloom cribs.
(h) Most injuries and deaths occur in secondhand, handme-down, or heirloom cribs.
(i) Existing state and federal legislation is inadequate to
deal with this hazard.
(j) Prohibiting the remanufacture, retrofit, sale, contracting to sell or resell, leasing, or subletting of unsafe cribs, particularly unsafe secondhand, hand-me-down, or heirloom
cribs, will prevent injuries and deaths caused by cribs.
(2) The purpose of this chapter is to prevent the occurrence of injuries and deaths to infants as a result of unsafe
cribs by making it illegal to remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the
stream of commerce, after June 6, 1996, any full-size or nonfull-size crib that is unsafe for any infant using the crib.
(3) It is the intent of the legislature to encourage public
and private collaboration in disseminating materials relative
to the safety of baby cribs to parents, child care providers,
and those who would be likely to place unsafe cribs in the
stream of commerce. The legislature also intends that infor(2006 Ed.)
Infant Crib Safety Act
mational materials regarding baby crib safety be available to
consumers through the department of health. [1996 c 158 §
1.]
70.111.020
70.111.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Infant" means any person less than thirty-five inches
tall and less than three years of age.
(2) "Crib" means a bed or containment designed to
accommodate an infant.
(3) "Full-size crib" means a full-size crib as defined in
Section 1508.3 of Title 16 of the Code of Federal Regulations
regarding the requirements for full-size cribs.
(4) "Nonfull-size crib" means a nonfull-size crib as
defined in Section 1509.2(b) of Title 16 of the Code of the
Federal Regulations regarding the requirements for nonfullsize cribs.
(5) "Person" means any natural person, firm, corporation, association, or agent or employee thereof.
(6) "Commercial user" means any person who deals in
full-size or nonfull-size cribs of the kind governed by this
chapter or who otherwise by one’s occupation holds oneself
out as having knowledge or skill peculiar to the full-size or
nonfull-size cribs governed by this chapter, including child
care facilities and family child care homes licensed by the
department of social and health services under chapter 74.15
RCW, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise
placing in the stream of commerce full-size or nonfull-size
cribs. [1996 c 158 § 3.]
70.111.030
70.111.030 Unsafe cribs—Prohibition—Definition—
Penalty. (1) No commercial user may remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise
place in the stream of commerce, on or after June 6, 1996, a
full-size or nonfull-size crib that is unsafe for any infant using
the crib.
(2) A crib is presumed to be unsafe pursuant to this chapter if it does not conform to all of the following:
(a) Part 1508 (commencing with Section 1508.1) of Title
16 of the Code of Federal Regulations;
(b) Part 1509 (commencing with Section 1509.1) of Title
16 of the Code of Federal Regulations;
(c) Part 1303 (commencing with Section 1303.1) of Title
16 of the Code of Federal Regulations;
(d) American Society for Testing Materials Voluntary
Standards F966-90;
(e) American Society for Testing Materials Voluntary
Standards F1169.88;
(f) Any regulations that are adopted in order to amend or
supplement the regulations described in (a) through (e) of this
subsection.
(3) Cribs that are unsafe or fail to perform as expected
pursuant to subsection (2) of this section include, but are not
limited to, cribs that have any of the following dangerous features or characteristics:
(a) Corner posts that extend more than one-sixteenth of
an inch;
(2006 Ed.)
70.111.070
(b) Spaces between side slats more than two and threeeighths inches;
(c) Mattress support than can be easily dislodged from
any point of the crib. A mattress segment can be easily dislodged if it cannot withstand at least a twenty-five pound
upward force from underneath the crib;
(d) Cutout designs on the end panels;
(e) Rail height dimensions that do not conform to the following:
(i) The height of the rail and end panel as measured from
the top of the rail or panel in its lowest position to the top of
the mattress support in its highest position is at least nine
inches;
(ii) The height of the rail and end panel as measured from
the top of the rail or panel in its highest position to the top of
the mattress support in its lowest position is at least twentysix inches;
(f) Any screws, bolts, or hardware that are loose and not
secured;
(g) Sharp edges, points, or rough surfaces, or any wood
surfaces that are not smooth and free from splinters, splits, or
cracks;
(h) Nonfull-size cribs with tears in mesh or fabric sides.
(4) On or after January 1, 1997, any commercial user
who willfully and knowingly violates this section is guilty of
a misdemeanor, punishable by a fine not exceeding one thousand dollars. Hotels, motels, and similar transient lodging,
child care facilities, and family child care homes are not subject to this section until January 1, 1999. [2003 c 53 § 361;
1996 c 158 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.111.040
70.111.040 Exemption. Any crib that is clearly not
intended for use by an infant is exempt from the provisions of
this chapter, provided that it is accompanied at the time of
remanufacturing, retrofitting, selling, leasing, subletting, or
otherwise placing in the stream of commerce, by a notice to
be furnished by the commercial user declaring that it is not
intended to be used for an infant and is dangerous to use for
an infant. The commercial user is further exempt from claims
for liability resulting from use of a crib contrary to the notice
required in this section. [1996 c 158 § 5.]
70.111.060
70.111.060 Civil actions. Any person may maintain an
action against any commercial user who violates RCW
70.111.030 to enjoin the remanufacture, retrofit, sale, contract to sell, contract to resell, lease, or subletting of a fullsize or nonfull-size crib that is unsafe for any infant using the
crib, and for reasonable attorneys’ fees and costs. This section does not apply to hotels, motels, and similar transient
lodging, child care facilities, and family child care homes
until January 1, 1999. [1996 c 158 § 7.]
70.111.070
70.111.070 Remedies. Remedies available under this
chapter are in addition to any other remedies or procedures
under any other provision of law that may be available to an
aggrieved party. [1996 c 158 § 8.]
[Title 70 RCW—page 369]
70.111.900
Title 70 RCW: Public Health and Safety
70.111.900
70.111.900 Short title. This chapter may be known and
cited as the infant crib safety act. [1996 c 158 § 2.]
70.111.901
70.111.901 Severability—1996 c 158. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1996 c 158 § 9.]
Chapter 70.112 RCW
FAMILY MEDICINE—EDUCATION AND
RESIDENCY PROGRAMS
Chapter 70.112
Sections
70.112.010
70.112.020
70.112.030
70.112.040
70.112.050
70.112.060
Definitions.
Education in family medical practice—Department in school
of medicine—Residency programs—Financial support.
Family practice education advisory board—Chairman—Membership.
Advisory board—Terms of members—Filling vacancies.
Advisory board—Duties.
Funding of residency programs.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
70.112.010
70.112.010 Definitions. (1) "School of medicine"
means the University of Washington school of medicine
located in Seattle, Washington;
(2) "Residency programs" mean community based family practice residency educational programs either in existence or established under this chapter;
(3) "Affiliated" means established or developed in cooperation with the school of medicine;
(4) "Family practice unit" means the community facility
or classroom used for training of ambulatory health skills
within a residency training program; and
(5) "Advisory board" means the family practice education advisory board created by this chapter. [1975 1st ex.s. c
108 § 1.]
70.112.020
70.112.020 Education in family medical practice—
Department in school of medicine—Residency programs—Financial support. There is established a statewide
medical education system for the purpose of training resident
physicians in family practice. The dean of the school of medicine shall be responsible for implementing the development
and expansion of residency programs in cooperation with the
medical profession, hospitals, and clinics located throughout
the state. The chairman of the department of family medicine
in the school of medicine, with the consent of the advisory
board, shall determine where affiliated residency programs
shall exist; giving consideration to communities in the state
where the population, hospital facilities, number of physicians, and interest in medical education indicate the potential
success of the residency program. The medical education system shall provide financial support for residents in training
for those programs which are affiliated with the school of
medicine and shall establish positions for appropriate faculty
to staff these programs. The number of programs shall be
determined by the board and be in keeping with the needs of
the state. [1975 1st ex.s. c 108 § 2.]
[Title 70 RCW—page 370]
70.112.030
70.112.030 Family practice education advisory
board—Chairman—Membership. There is created a family practice education advisory board which shall consist of
eight members with the dean of the school of medicine serving as chairman. Other members of the board will be:
(1) Chairman, department of family medicine, school of
medicine;
(2) Two public members to be appointed by the governor;
(3) A member appointed by the Washington state medical association;
(4) A member appointed by the Washington state academy of family physicians;
(5) A hospital administrator representing those Washington hospitals with family practice residency programs,
appointed by the governor; and
(6) A director representing the directors of community
based family practice residency programs, appointed by the
governor. [1975 1st ex.s. c 108 § 3.]
70.112.040
70.112.040 Advisory board—Terms of members—
Filling vacancies. The dean and chairman of the department
of family medicine at the University of Washington school of
medicine shall be permanent members of the advisory board.
Other members will be initially appointed as follows: Terms
of the two public members shall be two years; the member
from the medical association and the hospital administrator,
three years; and the remaining two members, four years.
Thereafter, terms for the nonpermanent members shall be
four years; members may serve two consecutive terms; and
new appointments shall be filled in the same manner as for
original appointments. Vacancies shall be filled for an unexpired term in the manner of the original appointment. [1975
1st ex.s. c 108 § 4.]
70.112.050
70.112.050 Advisory board—Duties. The advisory
board shall advise the dean and the chairman of the department of family medicine in the implementation of the educational programs provided for in this chapter; including, but
not limited to, the selection of the areas within the state where
affiliate residency programs shall exist, the allocation of
funds appropriated under this chapter, and the procedures for
review and evaluation of the residency programs. [1998 c
245 § 111; 1975 1st ex.s. c 108 § 5.]
70.112.060
70.112.060 Funding of residency programs. (1) The
moneys appropriated for these statewide family medicine residency programs shall be in addition to all the income of the
University of Washington and its school of medicine and
shall not be used to supplant funds for other programs under
the administration of the school of medicine.
(2) The allocation of state funds for the residency programs shall not exceed fifty percent of the total cost of the
program.
(3) No more than twenty-five percent of the appropriation for each fiscal year for the affiliated programs shall be
authorized for expenditures made in support of the faculty
and staff of the school of medicine who are associated with
the affiliated residency programs and are located at the school
of medicine.
(2006 Ed.)
Migrant Labor Housing
(4) No funds for the purposes of this chapter shall be
used to subsidize the cost of care incurred by patients. [1975
1st ex.s. c 108 § 6.]
Chapter 70.114
Chapter 70.114 RCW
MIGRANT LABOR HOUSING
Sections
70.114.010
70.114.020
Legislative declaration—Fees for use of housing.
Migrant labor housing facility—Employment security department authorized to contract for continued operation.
70.114.010
70.114.010 Legislative declaration—Fees for use of
housing. The legislature finds that the migrant labor housing
project constructed on property purchased by the state in
Yakima county should be continued until June 30, 1981. The
employment security department is authorized to set day use
or extended period use fees, consistent with those established
by the department of parks and recreation. [1979 ex.s. c 79 §
1; 1977 ex.s. c 287 § 1; 1975 1st ex.s. c 50 § 1; 1974 ex.s. c
125 § 1.]
70.114.020
70.114.020 Migrant labor housing facility—Employment security department authorized to contract for continued operation. The employment security department is
authorized to enter into such agreements and contracts as
may be necessary to provide for the continued operation of
the facility by a state agency, an appropriate local governmental body, or by such other entity as the commissioner
may deem appropriate and in the state’s best interest. [1979
ex.s. c 79 § 2; 1977 ex.s. c 287 § 2; 1975 1st ex.s. c 50 § 3;
1974 ex.s. c 125 § 4.]
Chapter 70.114A RCW
TEMPORARY WORKER HOUSING—HEALTH AND
SAFETY REGULATION
Chapter 70.114A
Sections
70.114A.010
70.114A.020
70.114A.030
70.114A.040
70.114A.045
70.114A.050
70.114A.060
70.114A.065
70.114A.070
70.114A.081
70.114A.085
70.114A.100
70.114A.110
70.114A.900
70.114A.901
70.114A.010
Findings—Intent.
Definitions.
Application of chapter.
Responsibilities of department.
Housing operation standards—Departments’ agreement—
Enforcement.
Housing on rural worksites.
Inspection of housing.
Licensing, operation, and inspection—Rules.
Technical assistance.
Temporary worker building code—Rules—Guidelines—
Exceptions—Enforcement—Variations.
Temporary worker building code—Report.
Rules—Compliance with federal act.
Cherry harvest temporary labor camps—Rule making—
Definition—Conditions for occupation—Application.
Severability—1995 c 220.
Effective date—1995 c 220.
70.114A.010 Findings—Intent. The legislature finds
that there is an inadequate supply of temporary and permanent housing for migrant and seasonal workers in this state.
The legislature also finds that unclear, complex regulations
related to the development, construction, and permitting of
worker housing inhibit the development of this much needed
housing. The legislature further finds that as a result, many
(2006 Ed.)
70.114A.030
workers are forced to obtain housing that is unsafe and unsanitary.
Therefore, it is the intent of the legislature to encourage
the development of temporary and permanent housing for
workers that is safe and sanitary by: Establishing a clear and
concise set of regulations for temporary housing; establishing
a streamlined permitting and administrative process that will
be locally administered and encourage the development of
such housing; and by providing technical assistance to organizations or individuals interested in the development of
worker housing. [1995 c 220 § 1.]
70.114A.020
70.114A.020 Definitions. The definitions in this section apply throughout this chapter.
(1) "Agricultural employee" means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer’s agricultural
activity.
(2) "Agricultural employer" means any person engaged
in agricultural activity, including the growing, producing, or
harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes but is not
limited to the planting, transplanting, tubing, precommercial
thinning, and thinning of trees and seedlings, the clearing,
piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities.
(3) "Department" means the department of health.
(4) "Dwelling unit" means a shelter, building, or portion
of a building, that may include cooking and eating facilities,
that is:
(a) Provided and designated by the operator as either a
sleeping area, living area, or both, for occupants; and
(b) Physically separated from other sleeping and common-use areas.
(5) "Enforcement" and "enforcement actions" include
the authority to levy and collect fines.
(6) "Facility" means a sleeping place, drinking water,
toilet, sewage disposal, food handling installation, or other
installations required for compliance with this chapter.
(7) "Occupant" means a temporary worker or a person
who resides with a temporary worker at the housing site.
(8) "Operator" means a person holding legal title to the
land on which temporary worker housing is located. However, if the legal title and the right to possession are in different persons, "operator" means a person having the lawful
control or supervision over the temporary worker housing
under a lease or other arrangement.
(9) "Temporary worker" means an agricultural employee
employed intermittently and not residing year-round at the
same site.
(10) "Temporary worker housing" means a place, area,
or piece of land where sleeping places or housing sites are
provided by an agricultural employer for his or her agricultural employees or by another person, including a temporary
worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy.
[1999 c 374 § 6; 1995 c 220 § 2.]
70.114A.030
70.114A.030 Application of chapter. Chapter 220,
Laws of 1995, applies to temporary worker housing that con[Title 70 RCW—page 371]
70.114A.040
Title 70 RCW: Public Health and Safety
sists of five or more dwelling units, or any combination of
dwelling units, dormitories, or spaces that house ten or more
occupants. [1995 c 220 § 3.]
70.114A.040
70.114A.040 Responsibilities of department. The
department is designated the single state agency responsible
for encouraging the development of additional temporary
worker housing, and shall be responsible for coordinating the
activities of the various state and local agencies to assure a
seamless, nonduplicative system for the development and
operation of temporary worker housing. [1995 c 220 § 4.]
70.114A.045
70.114A.045 Housing operation standards—Departments’ agreement—Enforcement. By December 1, 1999,
the department and the department of labor and industries
shall jointly establish a formal agreement that identifies the
roles of each of the two agencies with respect to the enforcement of temporary worker housing operation standards.
The agreement shall, to the extent feasible, provide for
inspection and enforcement actions by a single agency, and
shall include measures to avoid multiple citations for the
same violation. [1999 c 374 § 3.]
70.114A.050
70.114A.050 Housing on rural worksites. Temporary
worker housing located on a rural worksite, and used for
workers employed on the worksite, shall be considered a permitted use at the rural worksite for the purposes of zoning or
other land use review processes, subject only to height, setback, and road access requirements of the underlying zone.
[1995 c 220 § 5.]
70.114A.060
70.114A.060 Inspection of housing. The secretary of
the department or authorized representative may inspect
housing covered by chapter 220, Laws of 1995, to enforce
temporary worker housing rules adopted by the state board of
health prior to July 25, 1999, or the department, or when the
secretary or representative has reasonable cause to believe
that a violation of temporary worker housing rules adopted
by the state board of health prior to July 25, 1999, or the
department is occurring or is being maintained. If the buildings or premises are occupied as a residence, a reasonable
effort shall be made to obtain permission from the resident. If
the premises or building is unoccupied, a reasonable effort
shall be made to locate the owner or other person having
charge or control of the building or premises and request
entry. If consent for entry is not obtained, for whatever reason, the secretary or representative shall have recourse to
every remedy provided by law to secure entry. [1999 c 374 §
7; 1995 c 220 § 6.]
70.114A.065
70.114A.065 Licensing, operation, and inspection—
Rules. The department and the department of labor and
industries shall adopt joint rules for the licensing, operation,
and inspection of temporary worker housing, and the enforcement thereof. These rules shall establish standards that are as
effective as the standards developed under the Washington
industrial safety and health act, chapter 49.17 RCW. [1999 c
374 § 1.]
[Title 70 RCW—page 372]
70.114A.070
70.114A.070 Technical assistance. The department of
community, trade, and economic development shall contract
with private, nonprofit corporations to provide technical
assistance to any private individual or nonprofit organization
wishing to construct temporary or permanent worker housing. The assistance may include information on state and
local application and approval procedures, information or
assistance in applying for federal, state, or local financial
assistance, including tax incentives, information on costeffective housing designs, or any other assistance the department of community, trade, and economic development may
deem helpful in obtaining the active participation of private
individuals or groups in constructing or operating temporary
or permanent worker housing. [1995 c 220 § 7.]
70.114A.081
70.114A.081 Temporary worker building code—
Rules—Guidelines—Exceptions—Enforcement—Variations. (1) The department shall adopt by rule a temporary
worker building code in conformance with the temporary
worker housing standards developed under the Washington
industrial safety and health act, chapter 49.17 RCW, and the
following guidelines:
(a) The temporary worker building code shall provide
construction standards for shelter and associated facilities
that are safe, secure, and capable of withstanding the stresses
and loads associated with their designated use, and to which
they are likely to be subjected by the elements;
(b) The temporary worker building code shall permit and
facilitate designs and formats that allow for maximum affordability, consistent with the provision of decent, safe, and sanitary housing;
(c) In developing the temporary worker building code
the department of health shall consider:
(i) The need for dormitory type housing for groups of
unrelated individuals; and
(ii) The need for housing to accommodate families;
(d) The temporary worker building code shall incorporate the opportunity for the use of construction alternatives
and the use of new technologies that meet the performance
standards required by law;
(e) The temporary worker building code shall include
standards for heating and insulation appropriate to the type of
structure and length and season of occupancy;
(f) The temporary worker building code shall include
standards for temporary worker housing that are to be used
only during periods when no auxiliary heat is required; and
(g) The temporary worker building code shall provide
that persons operating temporary worker housing consisting
of four or fewer dwelling units or combinations of dwelling
units, dormitories, or spaces that house nine or fewer occupants may elect to comply with the provisions of the temporary worker building code, and that unless the election is
made, such housing is subject to the codes adopted under
RCW 19.27.031.
(2) In adopting the temporary worker building code, the
department shall make exceptions to the codes listed in RCW
19.27.031 and chapter 19.27A RCW, in keeping with the
guidelines set forth in this section. The initial temporary
worker building code adopted by the department shall be substantially equivalent with the temporary worker building
(2006 Ed.)
Drug Injection Devices
code developed by the state building code council as directed
by section 8, chapter 220, Laws of 1995.
(3) The temporary worker building code authorized and
required by this section shall be enforced by the department.
The department shall have the authority to allow minor
variations from the temporary worker building code that do
not compromise the health or safety of workers. Procedures
for requesting variations and guidelines for granting such
requests shall be included in the rules adopted under this section. [1999 c 374 § 8; 1998 c 37 § 2.]
70.114A.085
70.114A.085 Temporary worker building code—
Report. The department shall prepare a report to the legislature on utilization of the temporary worker building code
authorized by RCW 70.114A.081. The report shall include
the number of housing units, number of families or individuals housed, number of growers obtaining permits, the geographic distribution of the permits, and recommendations of
changes in the temporary worker building code necessary to
avoid health and safety problems for the occupants. The
report shall be transmitted to the senate committee on commerce, trade, housing and financial institutions and the house
of representatives committee on economic development,
housing and trade by December 15, 2000, and an update shall
be transmitted every two years thereafter. [1999 c 374 § 11.]
70.114A.100
70.114A.100 Rules—Compliance with federal act.
Any rules adopted under chapter 220, Laws of 1995, pertaining to an employer who is subject to the migrant and seasonal
agricultural worker protection act (96 Stat. 2583; 29 U.S.C.
Sec. 1801 et seq.), must comply with the housing provisions
of that federal act. [1995 c 220 § 10.]
70.116.010
RCW 19.27.031 or 70.114A.081. [2002 c 23 § 1; 1999 c 374
§ 5.]
70.114A.900
70.114A.900 Severability—1995 c 220. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1995 c 220 § 13.]
70.114A.901
70.114A.901 Effective date—1995 c 220. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 3, 1995]. [1995 c 220 § 14.]
Chapter 70.115
Chapter 70.115 RCW
DRUG INJECTION DEVICES
Sections
70.115.050
70.115.060
Retail sale of hypodermic syringes, needles—Duty of retailer.
Retailers not required to sell hypodermic syringes.
70.115.050
70.115.050 Retail sale of hypodermic syringes, needles—Duty of retailer. On the sale at retail of any hypodermic syringe, hypodermic needle, or any device adapted for
the use of drugs by injection, the retailer shall satisfy himself
or herself that the device will be used for the legal use
intended. [1981 c 147 § 5.]
70.115.060
70.115.060 Retailers not required to sell hypodermic
syringes. Nothing contained in chapter 213, Laws of 2002
shall be construed to require a retailer to sell hypodermic needles or syringes to any person. [2002 c 213 § 3.]
70.114A.110
70.114A.110 Cherry harvest temporary labor
camps—Rule making—Definition—Conditions for occupation—Application. (1) The department and the department of labor and industries are directed to engage in joint
rule making to establish standards for cherry harvest temporary labor camps. These standards may include some variation from standards that are necessary for longer occupancies,
provided they are as effective as the standards adopted under
the Washington industrial safety and health act, chapter 49.17
RCW. As used in this section "cherry harvest temporary labor
camp" means a place where housing and related facilities are
provided to agricultural employees by agricultural employers
for their use while employed for the harvest of cherries. The
housing and facilities may be occupied by agricultural
employees for a period not to exceed one week before the
commencement through one week following the conclusion
of the cherry crop harvest within the state.
(2) Facilities licensed under rules adopted under this section may not be used to provide housing for agricultural
employees who are nonimmigrant aliens admitted to the
United States for agricultural labor or services of a temporary
or seasonal nature under section 1101(a)(15)(H)(ii)(a) of the
immigration and nationality act (8 U.S.C. Sec.
1101(a)(15)(H)(ii)(a)).
(3) This section has no application to temporary worker
housing constructed in conformance with codes listed in
(2006 Ed.)
Chapter 70.116 RCW
PUBLIC WATER SYSTEM COORDINATION
ACT OF 1977
Chapter 70.116
Sections
70.116.010
70.116.020
70.116.030
70.116.040
70.116.050
70.116.060
70.116.070
70.116.080
70.116.090
70.116.100
70.116.110
70.116.120
70.116.134
70.116.140
70.116.900
Legislative declaration.
Declaration of purpose.
Definitions.
Critical water supply service area—Designation—Establishment or amendment of external boundaries—Procedures.
Development of water system plans for critical water supply
service areas.
Approval of coordinated water system plan—Limitations following approval—Dispute resolution mechanism—Update
or revision of plan.
Service area boundaries within critical water supply area.
Performance standards relating to fire protection.
Assumption of jurisdiction or control of public water system
by city, town, or code city.
Bottled water exempt.
Rate making authority preserved.
Short title.
Satellite system management agencies.
Review of water or sewer system plan—Time limitations—
Notice of rejection of plan or extension of timeline.
Severability—1977 ex.s. c 142.
Drinking water quality consumer complaints: RCW 80.04.110.
70.116.010
70.116.010 Legislative declaration. The legislature
hereby finds that an adequate supply of potable water for
domestic, commercial, and industrial use is vital to the health
[Title 70 RCW—page 373]
70.116.020
Title 70 RCW: Public Health and Safety
and well-being of the people of the state. Readily available
water for use in public water systems is limited and should be
developed and used efficiently with a minimum of loss or
waste.
In order to maximize efficient and effective development
of the state’s public water supply systems, the department of
health shall assist water purveyors by providing a procedure
to coordinate the planning of the public water supply systems. [1991 c 3 § 365; 1977 ex.s. c 142 § 1.]
70.116.020
70.116.020 Declaration of purpose. The purposes of
this chapter are:
(1) To provide for the establishment of critical water
supply service areas related to water utility planning and
development;
(2) To provide for the development of minimum planning and design standards for critical water supply service
areas to insure that water systems developed in these areas
are consistent with regional needs;
(3) To assist in the orderly and efficient administration of
state financial assistance programs for public water systems;
and
(4) To assist public water systems to meet reasonable
standards of quality, quantity and pressure. [1977 ex.s. c 142
§ 2.]
70.116.030
70.116.030 Definitions. Unless the context clearly
requires otherwise, the following terms when used in this
chapter shall be defined as follows:
(1) "Coordinated water system plan" means a plan for
public water systems within a critical water supply service
area which identifies the present and future needs of the systems and sets forth means for meeting those needs in the most
efficient manner possible. Such a plan shall include provisions for subsequently updating the plan. In areas where more
than one water system exists, a coordinated plan may consist
of either: (a) A new plan developed for the area following its
designation as a critical water supply service area; or (b) a
compilation of compatible water system plans existing at the
time of such designation and containing such supplementary
provisions as are necessary to satisfy the requirements of this
chapter. Any such coordinated plan must include provisions
regarding: Future service area designations; assessment of
the feasibility of shared source, transmission, and storage
facilities; emergency inter-ties; design standards; and other
concerns related to the construction and operation of the
water system facilities.
(2) "Critical water supply service area" means a geographical area which is characterized by a proliferation of
small, inadequate water systems, or by water supply problems which threaten the present or future water quality or
reliability of service in such a manner that efficient and
orderly development may best be achieved through coordinated planning by the water utilities in the area.
(3) "Public water system" means any system providing
water intended for, or used for, human consumption or other
domestic uses. It includes, but is not limited to, the source,
treatment for purifying purposes only, storage, transmission,
pumping, and distribution facilities where water is furnished
to any community, or number of individuals, or is made
[Title 70 RCW—page 374]
available to the public for human consumption or domestic
use, but excluding water systems serving one single family
residence. However, systems existing on September 21, 1977
which are owner operated and serve less than ten single family residences or which serve only one industrial plant shall
be excluded from this definition and the provisions of this
chapter.
(4) "Purveyor" means any agency or subdivision of the
state or any municipal corporation, firm, company, mutual or
cooperative association, institution, partnership, or person or
any other entity, that owns or operates for wholesale or retail
service a public water system. It also means the authorized
agents of any such entities.
(5) "Secretary" means the secretary of the department of
health or the secretary’s authorized representative.
(6) "Service area" means a specific geographical area
serviced or for which service is planned by a purveyor. [1991
c 3 § 366; 1977 ex.s. c 142 § 3.]
70.116.040 Critical water supply service area—Designation—Establishment or amendment of external
boundaries—Procedures. (1) The secretary and the appropriate local planning agencies and purveyors, shall study geographical areas where water supply problems related to uncoordinated planning, inadequate water quality or unreliable
service appear to exist. If the results of the study indicate that
such water supply problems do exist, the secretary or the
county legislative authority shall designate the area involved
as being a critical water supply service area, consult with the
appropriate local planning agencies and purveyors, and
appoint a committee of not less than three representatives
therefrom solely for the purpose of establishing the proposed
external boundaries of the critical water supply service area.
The committee shall include a representative from each purveyor serving more than fifty customers, the county legislative authority, county planning agency, and health agencies.
Such proposed boundaries shall be established within six
months of the appointment of the committee.
During the six month period following the establishment
of the proposed external boundaries of the critical water supply services areas, the county legislative authority shall conduct public hearings on the proposed boundaries and shall
modify or ratify the proposed boundaries in accordance with
the findings of the public hearings. The boundaries shall
reflect the existing land usage, and permitted densities in
county plans, ordinances, and/or growth policies. If the proposed boundaries are not modified during the six month
period, the proposed boundaries shall be automatically ratified and be the critical water supply service area.
After establishment of the external boundaries of the
critical water supply service area, no new public water systems may be approved within the boundary area unless an
existing water purveyor is unable to provide water service.
(2) At the time a critical water supply service area is
established, the external boundaries for such area shall not
include any fractional part of a purveyor’s existing contiguous service area.
(3) The external boundaries of the critical water supply
service area may be amended in accordance with procedures
prescribed in subsection (1) of this section for the establishment of the critical water supply service areas when such
70.116.040
(2006 Ed.)
Public Water System Coordination Act of 1977
amendment is necessary to accomplish the purposes of this
chapter. [1977 ex.s. c 142 § 4.]
70.116.050
70.116.050 Development of water system plans for
critical water supply service areas. (1) Each purveyor
within the boundaries of a critical water supply service area
shall develop a water system plan for the purveyor’s future
service area if such a plan has not already been developed:
PROVIDED, That nonmunicipally owned public water systems are exempt from the planning requirements of this chapter, except for the establishment of service area boundaries if
they have no plans for water service beyond their existing
service area: PROVIDED FURTHER, That if the county
legislative authority permits a change in development that
will increase the demand for water service of such a system
beyond the existing system’s ability to provide minimum
water service, the purveyor shall develop a water system plan
in accordance with this section. The establishment of future
service area boundaries shall be in accordance with RCW
70.116.070.
(2) After the boundaries of a critical water supply service
area have been established pursuant to RCW 70.116.040, the
committee established in RCW 70.116.040 shall participate
in the development of a coordinated water system plan for the
designated area. Such a plan shall incorporate all water system plans developed pursuant to subsection (1) of this section. The plan shall provide for maximum integration and
coordination of public water system facilities consistent with
the protection and enhancement of the public health and wellbeing. Decisions of the committee shall be by majority vote
of those present at meetings of the committee.
(3) Those portions of a critical water supply service area
not yet served by a public water system shall have a coordinated water system plan developed by existing purveyors
based upon permitted densities in county plans, ordinances,
and/or growth policies for a minimum of five years beyond
the date of establishment of the boundaries of the critical
water supply service area.
(4) To insure that the plan incorporates the proper
designs to protect public health, the secretary shall adopt regulations pursuant to chapter 34.05 RCW concerning the
scope and content of coordinated water system plans, and
shall ensure, as minimum requirements, that such plans:
(a) Are reviewed by the appropriate local governmental
agency to insure that the plan is not inconsistent with the land
use plans, shoreline master programs, and/or developmental
policies of the general purpose local government or governments whose jurisdiction the water system plan affects.
(b) Recognize all water resource plans, water quality
plans, and water pollution control plans which have been
adopted by units of local, regional, and state government.
(c) Incorporate the fire protection standards developed
pursuant to RCW 70.116.080.
(d) Identify the future service area boundaries of the public water system or systems included in the plan within the
critical water supply service area.
(e) Identify feasible emergency inter-ties between adjacent purveyors.
(f) Include satellite system management requirements
consistent with RCW 70.116.134.
(2006 Ed.)
70.116.060
(g) Include policies and procedures that generally
address failing water systems for which counties may
become responsible under RCW 43.70.195.
(5) If a "water general plan" for a critical water supply
service area or portion thereof has been prepared pursuant to
chapter 36.94 RCW and such a plan meets the requirements
of subsections (1) and (4) of this section, such a plan shall
constitute the coordinated water system plan for the applicable geographical area.
(6) The committee established in RCW 70.116.040 may
develop and utilize a mechanism for addressing disputes that
arise in the development of the coordinated water system
plan.
(7) Prior to the submission of a coordinated water system
plan to the secretary for approval pursuant to RCW
70.116.060, the legislative authorities of the counties in
which the critical water supply service area is located shall
hold a public hearing thereon and shall determine the plan’s
consistency with subsection (4) of this section. If within sixty
days of receipt of the plan, the legislative authorities find any
segment of a proposed service area of a purveyor’s plan or
any segment of the coordinated water system plan to be
inconsistent with any current land use plans, shoreline master
programs, and/or developmental policies of the general purpose local government or governments whose jurisdiction the
water system plan affects, the secretary shall not approve that
portion of the plan until the inconsistency is resolved
between the local government and the purveyor. If no comments have been received from the legislative authorities
within sixty days of receipt of the plan, the secretary may
consider the plan for approval.
(8) Any county legislative authority may adopt an abbreviated plan for the provision of water supplies within its
boundaries that includes provisions for service area boundaries, minimum design criteria, and review process. The elements of the abbreviated plan shall conform to the criteria
established by the department under subsection (4) of this
section and shall otherwise be consistent with other adopted
land use and resource plans. The county legislative authority
may, in lieu of the committee required under RCW
70.116.040, and the procedures authorized in this section, utilize an advisory committee that is representative of the water
utilities and local governments within its jurisdiction to assist
in the preparation of the abbreviated plan, which may be
adopted by resolution and submitted to the secretary for
approval. Purveyors within the boundaries covered by the
abbreviated plan need not develop a water system plan,
except to the extent required by the secretary or state board of
health under other authority. Any abbreviated plan adopted
by a county legislative authority pursuant to this subsection
shall be subject to the same provisions contained in RCW
70.116.060 for coordinated water system plans that are
approved by the secretary. [1995 c 376 § 7; 1977 ex.s. c 142
§ 5.]
Findings—1995 c 376: See note following RCW 70.116.060.
70.116.060
70.116.060 Approval of coordinated water system
plan—Limitations following approval—Dispute resolution mechanism—Update or revision of plan. (1) A coordinated water system plan shall be submitted to the secretary
[Title 70 RCW—page 375]
70.116.070
Title 70 RCW: Public Health and Safety
for design approval within two years of the establishment of
the boundaries of a critical water supply service area.
(2) The secretary shall review the coordinated water system plan and, to the extent the plan is consistent with the
requirements of this chapter and regulations adopted hereunder, shall approve the plan, provided that the secretary shall
not approve those portions of a coordinated water system
plan that fail to meet the requirements for future service area
boundaries until any boundary dispute is resolved as set forth
in RCW 70.116.070.
(3) Following the approval of a coordinated water system plan by the secretary:
(a) All purveyors constructing or proposing to construct
public water system facilities within the area covered by the
plan shall comply with the plan.
(b) No other purveyor shall establish a public water system within the area covered by the plan, unless the local legislative authority determines that existing purveyors are
unable to provide the service in a timely and reasonable manner, pursuant to guidelines developed by the secretary. An
existing purveyor is unable to provide the service in a timely
manner if the water cannot be provided to an applicant for
water within one hundred twenty days unless specified otherwise by the local legislative authority. If such a determination
is made, the local legislative authority shall require the new
public water system to be constructed in accordance with the
construction standards and specifications embodied in the
coordinated water system plan approved for the area. The service area boundaries in the coordinated plan for the affected
utilities shall be revised to reflect the decision of the local
legislative authority.
(4) The secretary may deny proposals to establish or to
expand any public water system within a critical water supply
service area for which there is not an approved coordinated
water system plan at any time after two years of the establishment of the critical water supply service area: PROVIDED,
That service connections shall not be considered expansions.
(5) The affected legislative authorities may develop and
utilize a mechanism for addressing disputes that arise in the
implementation of the coordinated water system plan after
the plan has been approved by the secretary.
(6) After adoption of the initial coordinated water system
plan, the local legislative authority or the secretary may
determine that the plan should be updated or revised. The legislative authority may initiate an update at any time, but the
secretary may initiate an update no more frequently than once
every five years. The update may encompass all or a portion
of the plan, with the scope of the update to be determined by
the secretary and the legislative authority. The process for the
update shall be the one prescribed in RCW 70.116.050.
(7) The provisions of subsection (3) of this section shall
not apply in any county for which a coordinated water system
plan has not been approved under subsection (2) of this section.
(8) If the secretary initiates an update or revision of a
coordinated water system plan, the state shall pay for the cost
of updating or revising the plan. [1995 c 376 § 2; 1977 ex.s.
c 142 § 6.]
Findings—1995 c 376: "The legislature finds that:
(1) Protection of the state’s water resources, and utilization of such
resources for provision of public water supplies, requires more efficient and
[Title 70 RCW—page 376]
effective management than is currently provided under state law;
(2) The provision of public water supplies to the people of the state
should be undertaken in a manner that is consistent with the planning principles of the growth management act and the comprehensive plans adopted by
local governments under the growth management act;
(3) Small water systems have inherent difficulties with proper planning, operation, financing, management and maintenance. The ability of
such systems to provide safe and reliable supplies to their customers on a
long-term basis needs to be assured through proper management and training
of operators;
(4) New water quality standards and operational requirements for public water systems will soon generate higher rates for the customers of those
systems, which may be difficult for customers to afford to pay. It is in the
best interest of the people of this state that small systems maintain themselves in a financially viable condition;
(5) The drinking water 2000 task force has recommended maintaining
a strong and properly funded statewide drinking water program, retaining
primary responsibility for administering the federal safe drinking water act
in Washington. The task force has further recommended delegation of as
many water system regulatory functions as possible to local governments,
with provision of adequate resources and elimination of barriers to such delegation. In order to achieve these objectives, the state shall provide adequate
funding from both general state funds and funding directly from the regulated water system;
(6) The public health services improvement plan recommends that the
principal public health functions in Washington, including regulation of public water systems, should be fully funded by state revenues and undertaken
by local jurisdictions with the capacity to perform them; and
(7) State government, local governments, water suppliers, and other
interested parties should work for continuing economic growth of the state
by maximizing the use of existing water supply management alternatives,
including regional water systems, satellite management, and coordinated
water system development." [1995 c 376 § 1.]
70.116.070
70.116.070 Service area boundaries within critical
water supply area. (1) The proposed service area boundaries of public water systems within the critical water supply
service area that are required to submit water system plans
under this chapter shall be identified in the system’s plan.
The local legislative authority, or its planning department or
other designee, shall review the proposed boundaries to
determine whether the proposed boundaries of one or more
systems overlap. The boundaries determined by the local legislative authority not to overlap shall be incorporated into the
coordinated water system plan. Where any overlap exists, the
local legislative authority may attempt to resolve the conflict
through procedures established under RCW 70.116.060(5).
(2) Any final decision by a local legislative authority
regarding overlapping service areas, or any unresolved disputes regarding service area boundaries, may be appealed or
referred to the secretary in writing for resolution. After
receipt of an appeal or referral, the secretary shall hold a public hearing thereon. The secretary shall provide notice of the
hearing by certified mail to each purveyor involved in the dispute, to each county legislative authority having jurisdiction
in the area and to the public. The secretary shall provide public notice pursuant to the provisions of chapter 65.16 RCW.
Such notice shall be given at least twenty days prior to the
hearing. The hearing may be continued from time to time
and, at the termination thereof, the secretary may restrict the
expansion of service of any purveyor within the area if the
secretary finds such restriction is necessary to provide the
greatest protection of the public health and well-being. [1995
c 376 § 13; 1977 ex.s. c 142 § 7.]
Findings—1995 c 376: See note following RCW 70.116.060.
(2006 Ed.)
Public Water System Coordination Act of 1977
70.116.080
70.116.080 Performance standards relating to fire
protection. The secretary shall adopt performance standards
relating to fire protection to be incorporated into the design
and construction of public water systems. The standards shall
be consistent with recognized national standards. The secretary shall adopt regulations pertaining to the application and
enforcement of the standards: PROVIDED, That the regulations shall require the application of the standards for new
and expanding systems only. The standards shall apply in
critical water supply service areas unless the approved coordinated plan provides for nonfire flow systems. [1977 ex.s. c
142 § 8.]
70.116.090
70.116.090 Assumption of jurisdiction or control of
public water system by city, town, or code city. The
assumption of jurisdiction or control of any public water system or systems by a city, town, or code city, shall be subject
to the provisions of chapter 35.13A RCW, and the provisions
of this chapter shall be superseded by the provisions of chapter 35.13A RCW regarding such an assumption of jurisdiction. [1977 ex.s. c 142 § 9.]
70.116.100
70.116.100 Bottled water exempt. Nothing in this
chapter shall apply to water which is bottled or otherwise
packaged in a container for human consumption or domestic
use, or to the treatment, storage and transportation facilities
used in the processing of the bottled water or the distribution
of the bottles or containers of water. [1977 ex.s. c 142 § 10.]
70.116.110
70.116.110 Rate making authority preserved. Nothing in this chapter shall be construed to alter in any way the
existing authority of purveyors and municipal corporations to
establish, administer and apply water rates and rate provisions. [1977 ex.s. c 142 § 11.]
70.116.120
70.116.120 Short title. This chapter shall be known and
may be cited as the "Public Water System Coordination Act
of 1977". [1977 ex.s. c 142 § 12.]
70.116.134
70.116.134 Satellite system management agencies.
(1) The secretary shall adopt rules pursuant to chapter 34.05
RCW establishing criteria for designating individuals or
water purveyors as qualified satellite system management
agencies. The criteria shall set forth minimum standards for
designation as a satellite system management agency qualified to assume ownership, operation, or both, of an existing
or proposed public water system. The criteria shall include
demonstration of financial integrity and operational capability, and may require demonstration of previous experience in
successful operation and management of a public water system.
(2) Each county shall identify potential satellite system
management agencies to the secretary for areas where: (a)
No purveyor has been designated a future service area pursuant to this chapter, or (b) an existing purveyor is unable or
unwilling to provide service. Preference shall be given to
public utilities or utility districts or to investor-owned utilities
under the jurisdiction of the utilities and transportation commission.
(2006 Ed.)
70.116.900
(3) The secretary shall approve satellite system management agencies meeting the established criteria and shall
maintain and make available to counties a list of approved
agencies. Prior to the construction of a new public water system, the individual(s) proposing the new system or requesting
service shall first be directed by the local agency responsible
for issuing the construction or building permit to one or more
qualified satellite system management agencies designated
for the service area where the new system is proposed for the
purpose of exploring the possibility of a satellite agency
either owning or operating the proposed new water system.
(4) Approved satellite system management agencies
shall be reviewed periodically by the secretary for continued
compliance with established criteria. The secretary may
require status reports and other information necessary for
such review. Satellite system management agencies shall be
subject to reapproval at the discretion of the secretary but not
less than once every five years.
(5) The secretary may assess reasonable fees to process
applications for initial approval and for periodic review of
satellite system management agencies. A satellite system
management account is hereby created in the custody of the
state treasurer. All receipts from satellite system management
agencies or applicants under subsection (4) of this section
shall be deposited into the account. Funds in this account may
be used only for administration of the satellite system management program. Expenditures from the account shall be
authorized by the secretary or the secretary’s designee. The
account is subject to allotment procedures under chapter
43.88 RCW, but no appropriation is required for expenditures.
(6) For purposes of this section, "satellite system management agency" and "satellite agency" shall mean a person
or entity that is certified by the secretary to own or operate
more than one public water system on a regional or countywide basis, without the necessity for a physical connection
between such systems. [1991 c 18 § 1.]
70.116.140
70.116.140 Review of water or sewer system plan—
Time limitations—Notice of rejection of plan or extension
of timeline. For any new or revised water or sewer system
plan submitted for review under this chapter, the department
of health shall review and either approve, conditionally
approve, reject, or request amendments within ninety days of
the receipt of the submission of the plan. The department of
health may extend this ninety-day time limitation for new
submittals by up to an additional ninety days if insufficient
time exists to adequately review the general comprehensive
plan. For rejections of plans or extensions of the timeline, the
department shall provide in writing, to the person or entity
submitting the plan, the reason for such action. In addition,
the person or entity submitting the plan and the department of
health may mutually agree to an extension of the deadlines
contained in this section. [2002 c 161 § 3.]
70.116.900
70.116.900 Severability—1977 ex.s. c 142. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1977 ex.s. c 142 § 13.]
[Title 70 RCW—page 377]
Chapter 70.118
Title 70 RCW: Public Health and Safety
Chapter 70.118 RCW
ON-SITE SEWAGE DISPOSAL SYSTEMS
Chapter 70.118
Sections
70.118.010
70.118.020
70.118.030
70.118.040
70.118.050
70.118.060
70.118.070
70.118.080
70.118.090
70.118.100
70.118.110
70.118.120
Legislative declaration.
Definitions.
Local boards of health—Administrative search warrant—
Administrative plan—Corrections.
Local boards of health—Authority to waive sections of local
plumbing and/or building codes.
Adoption of more restrictive standards.
Additive regulation.
Additives—Confidentiality.
Additives—Unfair practices.
Funding.
Alternative systems—Technical review committee.
Alternative systems—State guidelines and standards.
Inspectors—Certificate of competency.
Reviser’s note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
Local health officer authority to grant waiver from on-site sewage system
requirements: RCW 70.05.072.
tem does not include indoor plumbing and associated fixtures.
(7) "Chemical additive" means those additives containing acids, bases, or other chemicals deemed unsafe by the
department for use in an on-site sewage disposal system.
(8) "Additive manufacturer" means any person who
manufactures, formulates, blends, packages, or repackages
an additive product for sale, use, or distribution within the
state. [1994 c 281 § 2; 1993 c 321 § 2; 1991 c 3 § 367; 1977
ex.s. c 133 § 2.]
Finding—Purpose—1994 c 281: "The legislature finds that chemical
additives do, and that other types of additives may, contribute to septic system failure and ground water contamination. In order to determine which
ingredients of nonchemically based additive products have adverse effects
on public health or the environment, it is necessary to submit such products
to a review procedure.
The purpose of this act is: (1) To establish a timely and orderly procedure for review and approval of on-site sewage disposal system additives; (2)
to prohibit the use, sale, or distribution of additives having an adverse effect
on public health or the water quality of the state; (3) to require the disclosure
of the contents of additives that are advertised, sold, or distributed in the
state; and (4) to provide for consumer protection." [1994 c 281 § 1.]
70.118.010
70.118.010 Legislative declaration. The legislature
finds that over one million, two hundred thousand persons in
the state are not served by sanitary sewers and that they must
rely on septic tank systems. The failure of large numbers of
such systems has resulted in significant health hazards, loss
of property values, and water quality degradation. The legislature further finds that failure of such systems could be
reduced by utilization of nonwater-carried sewage disposal
systems, or other alternative methods of effluent disposal, as
a correctional measure. Waste water volume diminution and
disposal of most of the high bacterial waste through composting or other alternative methods of effluent disposal would
result in restorative improvement or correction of existing
substandard systems. [1977 ex.s. c 133 § 1.]
70.118.020
70.118.020 Definitions. As used in this chapter, the
terms defined in this section shall have the meanings indicated unless the context clearly indicates otherwise.
(1) "Nonwater-carried sewage disposal devices" means
any device that stores and treats nonwater-carried human
urine and feces.
(2) "Alternative methods of effluent disposal" means
systems approved by the department of health, including at
least, mound systems, alternating drain fields, anaerobic filters, evapotranspiration systems, and aerobic systems.
(3) "Failure" means: (a) Effluent has been discharged on
the surface of the ground prior to approved treatment; or (b)
effluent has percolated to the surface of the ground; or (c)
effluent has contaminated or threatens to contaminate a
ground water supply.
(4) "Additive" means any commercial product intended
to affect the performance or aesthetics of an on-site sewage
disposal system.
(5) "Department" means the department of health.
(6) "On-site sewage disposal system" means any system
of piping, treatment devices, or other facilities that convey,
store, treat, or dispose of sewage on the property where it
originates or on nearby property under the control of the user
where the system is not connected to a public sewer system.
For purposes of this chapter, an on-site sewage disposal sys[Title 70 RCW—page 378]
Effective date—1994 c 281: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 1, 1994]." [1994 c 281 § 7.]
Intent—1993 c 321: See note following RCW 70.118.060.
70.118.030
70.118.030 Local boards of health—Administrative
search warrant—Administrative plan—Corrections. (1)
Local boards of health shall identify failing septic tank drainfield systems in the normal manner and will use reasonable
effort to determine new failures. The local health officer,
environmental health director, or equivalent officer may
apply for an administrative search warrant to a court official
authorized to issue a criminal search warrant. The warrant
may only be applied for after the local health officer or the
health officer’s designee has requested inspection of the person’s property under the specific administrative plan required
in this section, and the person has refused the health officer or
the health officer’s designee access to the person’s property.
Timely notice must be given to any affected person that a
warrant is being requested and that the person may be present
at any court proceeding to consider the requested search warrant. The court official may issue the warrant upon probable
cause. A request for a search warrant must show [that] the
inspection, examination, test, or sampling is in response to
pollution in commercial or recreational shellfish harvesting
areas or pollution in fresh water. A specific administrative
plan must be developed expressly in response to the pollution. The local health officer, environmental health director,
or equivalent officer shall submit the plan to the court as part
of the justification for the warrant, along with specific evidence showing that it is reasonable to believe pollution is
coming from the septic system on the property to be accessed
for inspection. The plan must include each of the following
elements:
(a) The overall goal of the inspection;
(b) The location and identification by address of the
properties being authorized for inspection;
(c) Requirements for giving the person owning the property and the person occupying the property if it is someone
(2006 Ed.)
On-Site Sewage Disposal Systems
other than the owner, notice of the plan, its provisions, and
times of any inspections;
(d) The survey procedures to be used in the inspection;
(e) The criteria that would be used to define an on-site
sewage system failure; and
(f) The follow-up actions that would be pursued once an
on-site sewage system failure has been identified and confirmed.
(2) Discretionary judgment will be made in implementing corrections by specifying nonwater-carried sewage disposal devices or other alternative methods of treatment and
effluent disposal as a measure of ameliorating existing substandard conditions. Local regulations shall be consistent
with the intent and purposes stated in this section. [1998 c
152 § 1; 1977 ex.s. c 133 § 3.]
70.118.040 Local boards of health—Authority to
waive sections of local plumbing and/or building codes.
With the advice of the secretary of the department of health,
local boards of health are hereby authorized to waive applicable sections of local plumbing and/or building codes that
might prohibit the use of an alternative method for correcting
a failure. [1991 c 3 § 368; 1977 ex.s. c 133 § 4.]
70.118.040
70.118.050 Adoption of more restrictive standards.
If the legislative authority of a county or city finds that more
restrictive standards than those contained in *section 2 of this
act or those adopted by the state board of health for systems
allowed under *section 2 of this act or limitations on expansion of a residence are necessary to ensure protection of the
public health, attainment of state water quality standards, and
the protection of shellfish and other public resources, the legislative authority may adopt ordinances or resolutions setting
standards as they may find necessary for implementing their
findings. The legislative authority may identify the geographic areas where it is necessary to implement the more
restrictive standards. In addition, the legislative authority
may adopt standards for the design, construction, maintenance, and monitoring of sewage disposal systems. [1989 c
349 § 3.]
70.118.050
*Reviser’s note: "Section 2 of this act" did not become law. See effective date note following.
Effective date—1989 c 349: "(1) Except as provided in subsection (2)
of this section, this act shall take effect November 1, 1989.
(2) *Section 2 of this act shall not take effect if the state board of health
adopts standards for the replacement and repair of existing on-site sewage
disposal systems located on property adjacent to marine waters by October
31, 1989." [1989 c 349 § 4.]
*Reviser’s note: Section 2 of this act did not take effect. See chapter
248-96 WAC.
70.118.060 Additive regulation. (1) After July 1,
1994, a person may not use, sell, or distribute a chemical
additive to on-site sewage disposal systems.
(2) After January 1, 1996, no person shall use, sell, or
distribute any on-site sewage disposal additive whose ingredients have not been approved by the department.
(3) Each manufacturer of an on-site sewage disposal system additive that is sold, advertised, or distributed in the state
shall submit the following information to the department: (a)
The name and address of the company; (b) the name of the
product; (c) the complete product formulation; (d) the loca70.118.060
(2006 Ed.)
70.118.080
tion where the product is manufactured; (e) the intended
method of product application; and (f) a request that the product be reviewed.
(4) The department shall adopt rules providing the criteria, review, and decision-making procedures to be used in
reviewing on-site sewage disposal additives for use, sale, or
distribution in the state. The criteria shall be designed to
determine whether the additive has an adverse effect on public health or water quality. The department may charge a fee
sufficient to cover the costs of evaluating the additive, including the development of criteria and review procedures. The
fee schedule shall be established by rule.
(5) The department shall issue a decision as to whether a
product registered pursuant to subsection (3) of this section is
approved or denied within forty-five days of receiving a complete evaluation as required pursuant to subsection (4) of this
section.
(6) Manufacturers shall reregister their product as provided in subsection (3) of this section each time their product
formulation changes. The department may require a new
approval for products registered under this subsection prior to
allowing the use, sale, or distribution within the state.
(7) The department may contract with private laboratories for the performance of any duties necessary to carry out
the purpose of this section.
(8) The attorney general or appropriate city or county
prosecuting attorney is authorized to bring an appropriate
action to enjoin any violation of the prohibition on the sale or
distribution of additives, or to enjoin any violation of the conditions in RCW 70.118.080.
(9) The department is responsible for providing written
notification to additives manufacturers of the provisions of
this section and RCW 70.118.070 and 70.118.080. The notification shall be provided no later than thirty days after April
1, 1994. Within thirty days of notification from the department, manufacturers shall provide the same notification to
their distributors, wholesalers, and retail customers. [1994 c
281 § 3; 1993 c 321 § 3.]
Finding—Purpose—Effective date—1994 c 281: See notes following
RCW 70.118.020.
Intent—1993 c 321: "The legislature finds that most additives do not
have a positive effect on the operation of on-site systems and can contaminate ground water aquifers, render septic drainfields dysfunctional, and
result in costly repairs to homeowners. It is therefore the intent of the legislature to ban the use, sale, and distribution of additives within the state unless
an additive has been specifically approved by the department of health."
[1993 c 321 § 1.]
70.118.070
70.118.070 Additives—Confidentiality. The department shall hold confidential any information obtained pursuant to RCW 70.118.060 when shown by any manufacturer
that such information, if made public, would divulge confidential business information, methods, or processes entitled
to protection as trade secrets of the manufacturer. [1994 c
281 § 4.]
Finding—Purpose—Effective date—1994 c 281: See notes following
RCW 70.118.020.
70.118.080
70.118.080 Additives—Unfair practices. (1) Each
manufacturer of a certified and approved additive product
advertised, sold, or distributed in the state shall:
[Title 70 RCW—page 379]
70.118.090
Title 70 RCW: Public Health and Safety
(a) Make no claims relating to the elimination of the
need for septic tank pumping or proper septic tank maintenance;
(b) List the components of additive products on the product label, along with information regarding instructions for
use and precautions;
(c) Make no false statements, design, or graphic representation relative to an additive product that is inconsistent
with RCW 70.118.060, 70.118.070, or this section; and
(d) Make no claims, either direct or implied, about the
performance of the product based on state approval of its
ingredients.
(2) A violation of this section is an unfair act or practice
in violation of the consumer protection act, chapter 19.86
RCW. [1994 c 281 § 5.]
Finding—Purpose—Effective date—1994 c 281: See notes following
RCW 70.118.020.
70.118.090
70.118.090 Funding. The department may not use
funds appropriated to implement an element of the *Puget
Sound water quality authority plan to conduct any activity
required under chapter 281, Laws of 1994. [1994 c 281 § 6.]
*Reviser’s note: The Puget Sound water quality authority and its powers and duties, pursuant to the Sunset Act, chapter 43.131 RCW, were terminated June 30, 1995, and repealed June 30, 1996. See 1990 c 115 §§ 11 and
12. Powers, duties, and functions of the Puget Sound water quality authority
pertaining to cleanup and protection of Puget Sound transferred to the Puget
Sound action team by 1996 c 138 § 11. See RCW 90.71.903.
Finding—Purpose—Effective date—1994 c 281: See notes following
RCW 70.118.020.
70.118.100
70.118.100 Alternative systems—Technical review
committee. The department of health must include one person who is familiar with the operation and maintenance of
certified proprietary devices on the technical review committee responsible for evaluating and making recommendations
to the department of health regarding the general use of alternative on-site sewage systems in the state. [1997 c 447 § 3.]
Finding—Purpose—Construction—1997 c 447: See notes following
RCW 70.05.074.
70.118.110
70.118.110 Alternative systems—State guidelines
and standards. In order to assure that technical guidelines
and standards keep pace with advancing technologies, the
department of health in collaboration with the technical
review committee, local health departments, and other interested parties, must review and update as appropriate, the state
guidelines and standards for alternative on-site sewage disposal every three years. The first review and update must be
completed by January 1, 1999. [1997 c 447 § 5.]
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
70.118.120
70.118.120 Inspectors—Certificate of competency.
(1) The local board of health shall ensure that individuals
who conduct inspections of on-site wastewater treatment systems or who otherwise conduct reviews of such systems are
qualified in the technology and application of on-site sewage
treatment principles. A certificate of competency issued by
the department of licensing is adequate demonstration that an
individual is competent in the engineering aspects of on-site
wastewater treatment system technology.
[Title 70 RCW—page 380]
(2) A local board of health may allow noncertified individuals to review designs of, and conduct inspections of, onsite wastewater treatment systems for a maximum of two
years after the date of hire, if a certified individual reviews or
supervises the work during that time. [1999 c 263 § 22.]
Chapter 70.118A RCW
ON-SITE SEWAGE DISPOSAL SYSTEMS—MARINE
RECOVERY AREAS
Chapter 70.118A
Sections
70.118A.010 Findings—Purpose.
70.118A.020 Definitions.
70.118A.030 Local health officers to develop a written on-site program
management plan.
70.118A.040 Local health officers—Determination of marine recovery
areas.
70.118A.050 Marine recovery area on-site strategy.
70.118A.060 Local health officer duties—Electronic data systems.
70.118A.070 Department review of on-site program management plans—
Assistance to local health jurisdictions.
70.118A.080 Department to contract with local health jurisdictions—
Funding assistance—Requirements—Revised compliance
dates—Work group.
70.118A.090 Chapter to supplement chapter 70.118 RCW.
70.118A.010
70.118A.010 Findings—Purpose. The legislature
finds that:
(1) Hood Canal and other marine waters in Puget Sound
are at risk of severe loss of marine life from low-dissolved
oxygen. The increased input of human-influenced nutrients,
especially nitrogen, is a factor causing this low-dissolved
oxygen condition in some of Puget Sound’s waters, in addition to such natural factors as poor overall water circulation
and stratification that discourages mixing of surface-todeeper waters;
(2) A significant portion of the state’s residents live in
homes served by on-site sewage disposal systems, and many
new residences will be served by these systems;
(3) Properly functioning on-site sewage disposal systems
largely protect water quality. However, improperly functioning on-site sewage disposal systems in marine recovery areas
may contaminate surface water, causing public health problems;
(4) Local programs designed to identify and correct failing on-site sewage disposal systems have proven effective in
reducing and eliminating public health hazards, improving
water quality, and reopening previously closed shellfish
areas; and
(5) State water quality monitoring data and analysis can
help to focus these enhanced local programs on specific geographic areas that are sources of pollutants degrading Puget
Sound waters.
Therefore, it is the purpose of this chapter to authorize
enhanced local programs in marine recovery areas to inventory existing on-site sewage disposal systems, to identify the
location of all on-site sewage disposal systems in marine
recovery areas, to require inspection of on-site sewage disposal systems and repairs to failing systems, to develop electronic data systems capable of sharing information regarding
on-site sewage disposal systems, and to monitor these programs to ensure that they are working to protect public health
and Puget Sound water quality. [2006 c 18 § 1.]
(2006 Ed.)
On-Site Sewage Disposal Systems—Marine Recovery Areas
70.118A.020
70.118A.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the state board of health.
(2) "Department" means the department of health.
(3) "Failing" means a condition of an existing on-site
sewage disposal system or component that threatens the public health by inadequately treating sewage, or by creating a
potential for direct or indirect contact between sewage and
the public. Examples of a failing on-site sewage disposal
system include:
(a) Sewage on the surface of the ground;
(b) Sewage backing up into a structure caused by slow
soil absorption of septic tank effluent;
(c) Sewage leaking from a sewage tank or collection system;
(d) Cesspools or seepage pits where evidence of ground
water or surface water quality degradation exists;
(e) Inadequately treated effluent contaminating ground
water or surface water; or
(f) Noncompliance with standards stipulated on the permit.
(4) "Local health officer" or "local health jurisdiction"
means the local health officers and local health jurisdictions
in the following counties bordering Puget Sound: Clallam,
Island, Kitsap, Jefferson, Mason, San Juan, Seattle-King,
Skagit, Snohomish, Tacoma-Pierce, Thurston, and Whatcom.
(5) "Marine recovery area" means an area of definite
boundaries where the local health officer, or the department
in consultation with the health officer, determines that additional requirements for existing on-site sewage disposal systems may be necessary to reduce potential failing systems or
minimize negative impacts of on-site sewage disposal systems.
(6) "Marine recovery area on-site strategy" or "on-site
strategy" means a local health jurisdiction’s on-site sewage
disposal system strategy required under RCW 70.118A.050.
This strategy is a component of the on-site program management plan required under RCW 70.118A.030.
(7) "On-site sewage disposal system" means an integrated system of components, located on or nearby the property it serves, that conveys, stores, treats, or provides subsurface soil treatment and dispersal of sewage. It consists of a
collection system, a treatment component or treatment
sequence, and a soil dispersal component. An on-site sewage
disposal system also refers to a holding tank sewage system
or other system that does not have a soil dispersal component.
For purposes of this chapter, the term "on-site sewage disposal system" does not include any system regulated by a
water quality discharge permit issued under chapter 90.48
RCW.
(8) "Unknown system" means an on-site sewage disposal
system that was installed without the knowledge or approval
of the local health jurisdiction, including those that were
installed before such approval was required. [2006 c 18 § 2.]
70.118A.030
70.118A.030 Local health officers to develop a written on-site program management plan. By July 1, 2007,
the local health officers of health jurisdictions in the twelve
counties bordering Puget Sound shall develop a written on(2006 Ed.)
70.118A.050
site program management plan to provide guidance to the
local health jurisdiction. [2006 c 18 § 3.]
70.118A.040
70.118A.040 Local health officers—Determination of
marine recovery areas. (1) In developing on-site program
management plans required under RCW 70.118A.030, the
local health officer shall propose a marine recovery area for
those land areas where existing on-site sewage disposal systems are a significant factor contributing to concerns associated with:
(a) Shellfish growing areas that have been threatened or
downgraded by the department under chapter 69.30 RCW;
(b) Marine waters that are listed by the department of
ecology under section 303(d) of the federal clean water act
(33 U.S.C. Sec. 1251 et seq.) for low-dissolved oxygen or
fecal coliform; or
(c) Marine waters where nitrogen has been identified as
a contaminant of concern by the local health officer.
(2) In determining the boundaries for a marine recovery
area, the local health officer shall assess and include those
land areas where existing on-site sewage disposal systems
may affect water quality in the marine recovery area.
(3) Determinations made by the local health officer
under this section, including identification of nitrogen as a
contaminant of concern, will be based on published guidance
developed by the department. The guidance must be
designed to ensure the proper use of available scientific and
technical data. The health officer shall document the basis
for these determinations when plans are submitted to the
department.
(4) After July 1, 2007, the local health officer may designate additional marine recovery areas meeting the criteria of
this section, according to new information. Where the
department recommends the designation of a marine recovery area or expansion of a designated marine recovery area,
the local health officer shall notify the department of its decision concerning the recommendation within ninety days of
receipt of the recommendation. [2006 c 18 § 4.]
70.118A.050
70.118A.050 Marine recovery area on-site strategy.
(1) The local health officer of a local health jurisdiction
where a marine recovery area has been proposed under RCW
70.118A.040 shall develop and approve a marine recovery
area on-site strategy that includes designation of marine
recovery areas to guide the local health jurisdiction in developing and managing all existing on-site sewage disposal systems within marine recovery areas within its jurisdiction.
The on-site strategy must be a component of the program
management plan required under RCW 70.118A.030. The
department may grant an extension of twelve months where a
local health jurisdiction has demonstrated substantial
progress toward completing its on-site strategy.
(2) An on-site strategy for a marine recovery area must
specify how the local health jurisdiction will by July 1, 2012,
and thereafter, find:
(a) Existing failing systems and ensure that system owners make necessary repairs; and
(b) Unknown systems and ensure that they are inspected
as required to ensure that they are functioning properly, and
repaired, if necessary. [2006 c 18 § 5.]
[Title 70 RCW—page 381]
70.118A.060
Title 70 RCW: Public Health and Safety
70.118A.060
70.118A.060 Local health officer duties—Electronic
data systems. In a marine recovery area, each local health
officer shall:
(1) Require that on-site sewage disposal system maintenance specialists, septic tank pumpers, or others performing
on-site sewage disposal system inspections submit reports or
inspection results to the local health jurisdiction regarding
any failing system; and
(2) Develop and maintain an electronic data system of all
on-site sewage disposal systems within a marine recovery
area to enable the local health jurisdiction to actively manage
on-site sewage disposal systems. In assisting development of
electronic data systems, the department shall work with local
health jurisdictions with marine recovery areas and the onsite sewage disposal system industry to develop common
forms and protocols to facilitate sharing of data. A marine
recovery area on-site sewage disposal electronic data system
must be compatible with all on-site sewage disposal electronic data systems used throughout a local health jurisdiction. [2006 c 18 § 6.]
70.118A.070
70.118A.070 Department review of on-site program
management plans—Assistance to local health jurisdictions. (1) The on-site program management plans of local
health jurisdictions required under RCW 70.118A.030 must
be submitted to the department by July 1, 2007, and be
reviewed to determine if they contain all necessary elements.
The department shall provide in writing to the local board of
health its review of the completeness of the plan. The board
may adopt additional criteria by rule for approving plans.
(2) In reviewing the on-site strategy component of the
plan, the department shall ensure that all required elements,
including designation of any marine recovery area, have been
addressed.
(3) Within thirty days of receiving an on-site strategy,
the department shall either approve the on-site strategy or
provide in writing the reasons for not approving the strategy
and recommend changes. If the department does not approve
the on-site strategy, the local health officer must amend and
resubmit the plan to the department for approval.
(4) Upon receipt of department approval or after thirty
days without notification, whichever comes first, the local
health officer shall implement the on-site strategy.
(5) If the department denies approval of an on-site strategy, the local health officer may appeal the denial to the
board. The board must make a final determination concerning the denial.
(6) The department shall assist local health jurisdictions
in:
(a) Developing written on-site program management
plans required by RCW 70.118A.030;
(b) Identifying reasonable methods for finding unknown
systems; and
(c) Developing or enhancing electronic data systems that
will enable each local health jurisdiction to actively manage
all on-site sewage disposal systems within their jurisdictions,
with priority given to those on-site sewage disposal systems
that are located in or which could affect designated marine
recovery areas. [2006 c 18 § 7.]
[Title 70 RCW—page 382]
70.118A.080 Department to contract with local
health jurisdictions—Funding assistance—Requirements—Revised compliance dates—Work group. (1) The
department shall enter into a contract with each local health
jurisdiction subject to the requirements of this chapter to
implement plans developed under this chapter, and to
develop or enhance electronic data systems required by this
chapter. The contract must include state funding assistance
to the local health jurisdiction from funds appropriated to the
department for this purpose.
(2) The contract must require, at a minimum, that within
a marine recovery area, the local health jurisdiction:
(a) Show progressive improvement in finding failing
systems;
(b) Show progressive improvement in working with onsite sewage disposal system owners to make needed system
repairs;
(c) Is actively taking steps to find previously unknown
systems and ensuring that they are inspected as required and
repaired if necessary;
(d) Show progressive improvement in the percentage of
on-site sewage disposal systems that are included in an electronic data system; and
(e) Of those on-site sewage disposal systems in the electronic data system, show progressive improvement in the percentage that have had required inspections.
(3) The contract must also include provisions for state
assistance in updating the plan. Beginning July 1, 2012, the
contract may adopt revised compliance dates, including those
in RCW 70.118A.050, where the local health jurisdiction has
demonstrated substantial progress in updating the on-site
strategy.
(4) The department shall convene a work group for the
purpose of making recommendations to the appropriate committees of the legislature for the development of certification
or licensing of maintenance specialists. The work group shall
make its recommendation with consideration given to the
1998 report to the legislature entitled "On-Site Wastewater
Certification Work Group" as it pertains to maintenance specialists. The work group may give priority to appropriate levels of certification or licensure of maintenance specialists
who work in the Puget Sound basin. [2006 c 18 § 8.]
70.118A.080
70.118A.090
70.118A.090 Chapter to supplement chapter 70.118
RCW. The provisions of this chapter are supplemental to all
other authorities governing on-site sewage disposal systems,
including chapter 70.118 RCW and rules adopted under that
chapter. [2006 c 18 § 9.]
Chapter 70.119 RCW
PUBLIC WATER SUPPLY SYSTEMS—OPERATORS
Chapter 70.119
Sections
70.119.010
70.119.020
70.119.030
70.119.040
70.119.050
70.119.060
70.119.070
70.119.081
70.119.090
70.119.100
Legislative declaration.
Definitions.
Certified operators required for certain public water systems.
Exclusions from chapter.
Rules and regulations—Secretary to adopt.
Public water systems—Secretary to categorize.
Secretary—Consideration of guidelines.
Ad hoc advisory committees.
Certificates without examination—Conditions.
Certificates—Issuance and renewal—Conditions.
(2006 Ed.)
Public Water Supply Systems—Operators
70.119.110
70.119.120
70.119.130
70.119.140
70.119.150
70.119.160
70.119.900
Certificates—Grounds for revocation.
Secretary—Authority.
Violations—Penalties.
Certificates—Reciprocity with other states.
Waterworks operator certification account.
Fee schedules—Certified operators—Public water systems.
Effective date—1977 ex.s. c 99.
70.119.010
70.119.010 Legislative declaration. The legislature
declares that competent operation of a public water system is
necessary for the protection of the consumers’ health, and
therefore it is of vital interest to the public. In order to protect
the public health and conserve and protect the water
resources of the state, it is necessary to provide for the classifying of all public water systems; to require the examination
and certification of the persons responsible for the technical
operation of such systems; and to provide for the promulgation of rules and regulations to carry out this chapter. [1991
c 305 § 1; 1983 c 292 § 1; 1977 ex.s. c 99 § 1.]
70.119.020
70.119.020 Definitions. As used in this chapter unless
context requires another meaning:
(1) "Certificate" means a certificate of competency
issued by the secretary stating that the operator has met the
requirements for the specified operator classification of the
certification program.
(2) "Certified operator" means an individual holding a
valid certificate and employed or appointed by any county,
water-sewer district, municipality, public or private corporation, company, institution, person, or the state of Washington
and who is designated by the employing or appointing officials as the person responsible for active daily technical operation.
(3) "Department" means the department of health.
(4) "Distribution system" means that portion of a public
water system which stores, transmits, pumps and distributes
water to consumers.
(5) "Ground water under the direct influence of surface
water" means any water beneath the surface of the ground
with:
(a) Significant occurrence of insects or other macroorganisms, algae, or large diameter pathogens such as giardia
lamblia; or
(b) Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH
which closely correlate to climatological or surface water
conditions.
(6) "Group A water system" means a system with fifteen
or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more
people per day for sixty or more days within a calendar year,
regardless of the number of service connections. Group A
water system does not include a system serving fewer than
fifteen single-family residences, regardless of the number of
people.
(7) "Nationally recognized association of certification
authorities" shall mean an organization which serves as an
information center for certification activities, recommends
minimum standards and guidelines for classification of potable water treatment plants, water distribution systems and
waste water facilities and certification of operators, facilitates
reciprocity between state programs and assists authorities in
(2006 Ed.)
70.119.030
establishing new certification programs and updating existing ones.
(8) "Public water system" means any system, excluding
a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing piped water for human
consumption, including any collection, treatment, storage, or
distribution facilities under control of the purveyor and used
primarily in connection with the system; and collection or
pretreatment storage facilities not under control of the purveyor but primarily used in connection with the system.
(9) "Purification plant" means that portion of a public
water system which treats or improves the physical, chemical
or bacteriological quality of the system’s water to bring the
water into compliance with state board of health standards.
(10) "Secretary" means the secretary of the department
of health.
(11) "Service" means a connection to a public water system designed to serve a single-family residence, dwelling
unit, or equivalent use. If the facility has group home or barracks-type accommodations, three persons will be considered
equivalent to one service.
(12) "Surface water" means all water open to the atmosphere and subject to surface runoff. [1999 c 153 § 67; 1995
c 269 § 2904; 1991 c 305 § 2; 1991 c 3 § 369; 1983 c 292 §
2; 1977 ex.s. c 99 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
Public water supply systems to comply with water quality standards: RCW
70.142.050.
70.119.030
70.119.030 Certified operators required for certain
public water systems. (1) A public water system shall have
a certified operator if:
(a) It is a group A water system; or
(b) It is a public water system using a surface water
source or a ground water source under the direct influence of
surface water.
(2) The certified operators shall be in charge of the technical direction of a water system’s operation, or an operating
shift of such a system, or a major segment of a system necessary for monitoring or improving the quality of water. The
operator shall be certified as provided in RCW 70.119.050.
(3) A certified operator may provide required services to
more than one system or to a group of systems. The amount
of time that a certified operator shall be required to be present
at any given system shall be based upon the time required to
properly operate and maintain the public water system as
designed and constructed in accordance with RCW
43.20.050. The employing or appointing officials shall designate the position or positions requiring mandatory certification within their individual systems and shall assure that such
certified operators are responsible for the system’s technical
operation.
(4) The department shall, in establishing by rule or otherwise the requirements for public water systems with fewer
than one hundred connections, phase in such requirements in
order to assure that (a) an adequate number of certified oper[Title 70 RCW—page 383]
70.119.040
Title 70 RCW: Public Health and Safety
ators are available to serve the additional systems, (b) the systems have adequate notice and time to plan for securing the
services of a certified operator, (c) the department has the
additional data and other administrative capacity, (d) adequate training is available to certify additional operators as
necessary, and (e) any additional requirements under federal
law are satisfied. The department shall require certified operators for all group A systems as necessary to conform to federal law or implementing rules or guidelines. Unless necessary to conform to federal law, rules, or guidelines, the
department shall not require a certified operator for a system
with fewer than one hundred connections unless that system
is determined by the department to be in significant noncompliance with operational, monitoring, or water quality standards that would put the public health at risk, as defined by
the department by rule, or has, or is required to have, water
treatment facilities other than simple disinfection.
(5) Any examination required by the department as a
prerequisite for the issuance of a certificate under this chapter
shall be offered in each region where the department has a
regional office.
(6) Operators not required to be certified by this chapter
are encouraged to become certified on a voluntary basis.
[1997 c 218 § 2; 1995 c 376 § 6; 1991 c 305 § 3; 1983 c 292
§ 3; 1977 ex.s. c 99 § 3.]
Findings—1997 c 218: "The legislature finds and declares that:
(1) The provision of safe and reliable water supplies to the people of
the state of Washington is fundamental to ensuring public health and continuing economic vitality of this state.
(2) The department of health, pursuant to legislative directive in 1995,
has provided a report that incorporates the findings and recommendations of
the water supply advisory committee as to progress in meeting the objectives
of the public health improvement plan, changes warranted by the recent congressional action reauthorizing the federal safe drinking water act, and new
approaches to providing services under the general principles of regulatory
reform.
(3) The environmental protection agency has recently completed a
national assessment of public water system capital needs, which has identified over four billion dollars in such needs in the state of Washington.
(4) The changes to the safe drinking water act offer the opportunity for
the increased ability of the state to tailor federal requirements and programs
to meet the conditions and objectives within this state.
(5) The department of health and local governments should be provided with adequate authority, flexibility, and resources to be able to implement the principles and recommendations adopted by the water supply advisory committee.
(6) Statutory changes are necessary to eliminate ambiguity or conflicting authorities, provide additional information and tools to consumers and
the public, and make necessary changes to be consistent with federal law.
(7) A basic element to the protection of the public’s health from waterborne disease outbreaks is systematic and comprehensive monitoring of
water supplies for all contaminants, including hazardous substances with
long-term health effects, and routine field visits to water systems for technical assistance and evaluation.
(8) The water systems of this state should have prompt and full access
to the newly created federal state revolving fund program to help meet their
financial needs and to achieve and maintain the technical, managerial, and
financial capacity necessary for long-term compliance with state and federal
regulations. This requires authority for streamlined program administration
and the provision of the necessary state funds required to match the available
federal funds.
(9) Stable, predictable, and adequate funding is essential to a statewide
drinking water program that meets state public health objectives and provides the necessary state resources to utilize the new flexibility, opportunities, and programs under the safe drinking water act." [1997 c 218 § 1.]
Effective date—1997 c 218: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 25, 1997]." [1997 c 218 § 6.]
[Title 70 RCW—page 384]
Findings—1995 c 376: See note following RCW 70.116.060.
70.119.040
70.119.040 Exclusions from chapter. Nothing in this
chapter shall apply to:
(1) Industrial water supply systems which do not supply
water to residences for domestic use and are under the jurisdictional requirements of the Washington Industrial Safety
and Health Act of 1973, chapter 49.17 RCW, as now or hereafter amended; or
(2) The preparation, distribution, or sale of bottled water
or water similarly packaged. [1977 ex.s. c 99 § 4.]
70.119.050
70.119.050 Rules and regulations—Secretary to
adopt. The secretary shall adopt such rules and regulations
as may be necessary for the administration of this chapter and
shall enforce such rules and regulations. The rules and regulations shall include provisions establishing minimum qualifications and procedures for the certification of operators, criteria for determining the kind and nature of continuing educational requirements for renewal of certification under RCW
70.119.100(2), and provisions for classifying water purification plants and distribution systems.
Rules and regulations adopted under the provisions of
this section shall be adopted in accordance with the provisions of chapter 34.05 RCW. [1995 c 269 § 2905; 1983 c 292
§ 4; 1977 ex.s. c 99 § 5.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.119.060
70.119.060 Public water systems—Secretary to categorize. The secretary shall further categorize all public water
systems with regard to the size, type, source of water, and
other relevant physical conditions affecting purification
plants and distribution systems to assist in identifying the
skills, knowledge and experience required for the certification of operators for each category of such systems, to assure
the protection of the public health and conservation and protection of the state’s water resources as required under RCW
70.119.010, and to implement the provisions of the state safe
drinking water act in chapter 70.119A RCW. In categorizing
all public water systems for the purpose of implementing
these provisions of state law, the secretary shall take into consideration economic impacts as well as the degree and nature
of any public health risk. [1991 c 305 § 4; 1977 ex.s. c 99 §
6.]
70.119.070
70.119.070 Secretary—Consideration of guidelines.
The secretary is authorized, when taking action pursuant to
RCW 70.119.050 and 70.119.060, to consider generally
applicable criteria and guidelines developed by a nationally
recognized association of certification authorities and commonly accepted national guidelines and standards. [1983 c
292 § 5; 1977 ex.s. c 99 § 7.]
70.119.081
70.119.081 Ad hoc advisory committees. The secretary, in cooperation with the director of ecology, may establish ad hoc advisory committees, as necessary, to obtain
advice and technical assistance regarding the development of
rules implementing this chapter and on the examination and
(2006 Ed.)
Public Water Supply Systems—Operators
certification of operators of water systems. [1995 c 269 §
2909.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.119.090
70.119.090 Certificates without examination—Conditions. Certificates shall be issued without examination
under the following conditions:
(1) Certificates shall be issued without application fee to
operators who, on January 1, 1978, hold certificates of competency attained under the voluntary certification program
sponsored jointly by the state department of social and health
services, health services division, and the Pacific Northwest
section of the American water works association.
(2) Certification shall be issued to persons certified by a
governing body or owner of a public water system to have
been the operators of a purification plant or distribution system on January 1, 1978, but only to those who are required to
be certified under RCW 70.119.030(1). A certificate so
issued shall be valid for operating any plant or system of the
same classification and same type of water source.
(3) A nonrenewable certificate, temporary in nature, may
be issued to an operator for a period not to exceed twelve
months to fill a vacated position required to have a certified
operator. Only one such certificate may be issued subsequent
to each instance of vacation of any such position. [1991 c
305 § 5; 1983 c 292 § 7; 1977 ex.s. c 99 § 9.]
Effective date—1977 ex.s. c 99: See RCW 70.119.900.
70.119.100
70.119.100 Certificates—Issuance and renewal—
Conditions. The issuance and renewal of a certificate shall
be subject to the following conditions:
(1) Except as provided in RCW 70.119.090, a certificate
shall be issued if the operator has satisfactorily passed a written examination, has paid the department an application fee
as established by the department under RCW 70.119.160, and
has met the requirements specified in the rules and regulations as authorized by this chapter.
(2) Every certificate shall be renewed annually upon the
payment of a fee as established by the department under
RCW 70.119.160 and satisfactory evidence is presented to
the secretary that the operator has fulfilled the continuing
education requirements as prescribed by rule of the department.
(3) The secretary shall notify operators who fail to renew
their certificates before the end of the year that their certificates are temporarily valid for two months following the end
of the certificate year. Certificates not renewed during the
two month period shall be invalid and the secretary shall so
notify the holders of such certificates.
(4) An operator who has failed to renew a certificate pursuant to the provisions of this section, may reapply for certification and the secretary may require the operator to meet
the requirements established for new applicants. [1993 c 306
§ 1; 1991 c 305 § 6; 1987 c 75 § 11; 1983 c 292 § 8; 1982 c
201 § 13; 1977 ex.s. c 99 § 10.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
(2006 Ed.)
70.119.140
70.119.110
70.119.110 Certificates—Grounds for revocation.
The secretary may after conducting a hearing revoke a certificate found to have been obtained by fraud or deceit; or for
gross negligence in the operation of a purification plant or
distribution system; or for an intentional violation of the
requirements of this chapter or any lawful rules, order, or regulation of the department. No person whose certificate is
revoked under this section shall be eligible to apply for a certificate for one year from the effective date of the final order
of revocation. [1995 c 269 § 2906; 1991 c 305 § 7; 1983 c
292 § 9; 1977 ex.s. c 99 § 11.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.119.120
70.119.120 Secretary—Authority. To carry out the
provisions and purposes of this chapter, the secretary is
authorized and empowered to:
(1) Receive financial and technical assistance from the
federal government and other public or private agencies.
(2) Participate in related programs of the federal government, other state, interstate agencies, or other public or private agencies or organizations.
(3) Assess fees determined pursuant to RCW 70.119.160
on public water systems to support the waterworks operator
certification program. [1993 c 306 § 2; 1977 ex.s. c 99 § 12.]
70.119.130
70.119.130 Violations—Penalties. Any person,
including any operator or any firm, association, corporation,
municipal corporation, or other governmental subdivision or
agency who, after thirty days’ written notice, operates a public water system which is not in compliance with RCW
70.119.030(1), shall be guilty of a misdemeanor. Each month
of such operation out of compliance with RCW
70.119.030(1) shall constitute a separate offense. Upon conviction, violators shall be fined an amount not exceeding one
hundred dollars for each offense. It shall be the duty of the
prosecuting attorney or the attorney general, as appropriate to
secure injunctions of continuing violations of any provisions
of this chapter or the rules and regulations adopted hereunder: PROVIDED, That, except in the case of fraud, deceit, or
gross negligence under RCW 70.119.110, no revocation,
citation or charge shall be made under RCW 70.119.110 and
70.119.130 until a proper written notice of violation is
received and a reasonable opportunity for correction has been
given. [1991 c 305 § 8; 1983 c 292 § 10; 1977 ex.s. c 99 §
13.]
Effective date—1977 ex.s. c 99: See RCW 70.119.900.
70.119.140
70.119.140 Certificates—Reciprocity with other
states. Operators certified by any state under provisions that,
in the judgment of the secretary, are substantially equivalent
to the requirements of this chapter and any rules and regulations promulgated hereunder, may be issued, upon application, a certificate without examination.
In making determinations pursuant to this section, the
secretary shall consult with the *board and may consider any
generally applicable criteria and guidelines developed by a
nationally recognized association of certification authorities.
[1977 ex.s. c 99 § 14.]
[Title 70 RCW—page 385]
70.119.150
Title 70 RCW: Public Health and Safety
*Reviser’s note: RCW 70.95B.070, which created the water and wastewater operator certification board of examiners, was repealed by 1995 c 269
§ 2907, effective July 1, 1995.
70.119.150
70.119.150 Waterworks operator certification
account. The waterworks operator certification account is
created in the general fund of the state treasury. All fees paid
pursuant to RCW 70.119.100, 70.119.120(3), and any other
receipts realized in the administration of this chapter shall be
deposited in the waterworks operator certification account.
Moneys in the account shall be spent only after appropriation.
Moneys from the account shall be used by the department of
health to carry out the purposes of the waterworks operator
certification program. [1993 c 306 § 3; 1977 ex.s. c 99 § 15.]
70.119.160
70.119.160 Fee schedules—Certified operators—
Public water systems. The department of health certifies
individuals responsible for the active daily technical operation of public water supply systems and monitors public
water supply systems to ensure that such systems comply
with the requirements of this chapter and regulations implementing this chapter. The secretary shall establish a schedule
of fees for certified operator applicants and renewal licenses
and a separate schedule of fees for public water systems to
support the waterworks operator certification program. The
fees shall be set at a level sufficient for the department to
recover the costs of the waterworks operator certification
program and in accordance with the procedures established
under RCW 43.70.250. [1993 c 306 § 4.]
70.119.900
70.119.900 Effective date—1977 ex.s. c 99. This act
shall take effect on January 1, 1978. [1977 ex.s. c 99 § 17.]
Chapter 70.119A RCW
PUBLIC WATER SYSTEMS—PENALTIES
AND COMPLIANCE
Chapter 70.119A
Sections
70.119A.020 Definitions.
70.119A.025 Environmental excellence program agreements—Effect on
chapter.
70.119A.030 Public health emergencies—Violations—Penalty.
70.119A.040 Additional or alternative penalty—Informal resolution unless
a public health emergency.
70.119A.050 Enforcement of regulations by local boards of health—Civil
penalties.
70.119A.060 Public water systems—Mandate—Conditions for approval
or creation of new public water system—Department and
local health jurisdiction duties.
70.119A.070 Department contracting authority.
70.119A.080 Drinking water program.
70.119A.100 Operating permits—Findings.
70.119A.110 Operating permits—Application process—Phase-in of
implementation—Satellite systems.
70.119A.115 Organic and inorganic chemicals—Area-wide waiver program.
70.119A.120 Safe drinking water account.
70.119A.130 Local government authority.
70.119A.140 Report by bottled water plant operator or water dealer of contaminant in water source.
70.119A.150 Authority to enter premises—Search warrants—Investigations.
70.119A.160 Water supply advisory committee.
70.119A.170 Drinking water assistance account—Drinking water assistance administrative account—Drinking water assistance
repayment account—Program to provide financial assistance to public water systems—Responsibilities.
70.119A.180 Water use efficiency requirements—Rules.
70.119A.900 Short title—1989 c 422.
[Title 70 RCW—page 386]
Drinking water quality consumer complaints: RCW 80.04.110.
70.119A.020
70.119A.020 Definitions. Unless the context clearly
requires otherwise, the following definitions apply throughout this chapter:
(1) "Department" means the department of health.
(2) "Local board of health" means the city, town, county,
or district board of health.
(3) "Local health jurisdiction" means an entity created
under chapter 70.05, 70.08, or 70.46 RCW which provides
public health services to persons within the area.
(4) "Public water system" means any system, excluding
a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing water for human consumption through pipes or other constructed conveyances,
including any collection, treatment, storage, or distribution
facilities under control of the purveyor and used primarily in
connection with the system; and collection or pretreatment
storage facilities not under control of the purveyor but primarily used in connection with the system, including:
(a) Any collection, treatment, storage, and distribution
facilities under control of the purveyor and used primarily in
connection with such system; and
(b) Any collection or pretreatment storage facilities not
under control of the purveyor which are primarily used in
connection with such system.
(5) "Order" means a written direction to comply with a
p r o v i s io n o f t h e r e g u la ti o n s a d o p te d u n d e r R C W
43.20.050(2)(a) or 70.119.050 or to take an action or a series
of actions to comply with the regulations.
(6) "Purveyor" means any agency or subdivision of the
state or any municipal corporation, firm, company, mutual or
cooperative association, institution, partnership, or person or
any other entity, that owns or operates a public water system.
It also means the authorized agents of any such entities.
(7) "Regulations" means rules adopted to carry out the
purposes of this chapter.
(8) "Federal safe drinking water act" means the federal
safe drinking water act, 42 U.S.C. Sec. 300f et seq., as now in
effect or hereafter amended.
(9) "Area-wide waivers" means a waiver granted by the
department as a result of a geographically based testing program meeting required provisions of the federal safe drinking
water act.
(10) "Local health officer" means the legally qualified
physician who has been appointed as the health officer for the
city, town, county, or district public health department.
(11) "Person" includes, but is not limited to, natural persons, municipal corporations, governmental agencies, firms,
companies, mutual or cooperative associations, institutions,
and partnerships. It also means the authorized agents of any
such entities.
(12) "Public health emergency" means a declaration by
an authorized health official of a situation in which either illness, or exposure known to cause illness, is occurring or is
imminent.
(13) "Secretary" means the secretary of the department
of health.
(2006 Ed.)
Public Water Systems—Penalties and Compliance
(14) "State board of health" is the board created by RCW
43.20.030. [1999 c 118 § 2; 1994 c 252 § 2; 1991 c 304 § 2;
1991 c 3 § 370; 1989 c 422 § 2; 1986 c 271 § 2.]
Finding—Intent—1999 c 118: "The legislature finds and declares that
the provision of safe and reliable water supplies is essential to public health
and the continued economic vitality of the state of Washington. Maintaining
the authority necessary to ensure safe and reliable water supplies requires
that state laws conform with the provisions of the federal safe drinking water
act. It is the intent of the legislature that the definition of public water system
be amended to reflect recent amendments to the federal safe drinking water
act." [1999 c 118 § 1.]
Finding—1994 c 252: "The legislature finds that:
(1) The federal safe drinking water act has imposed significant new
costs on public water systems and that the state should seek maximum regulatory flexibility allowed under federal law;
(2) There is a need to comprehensively assess and characterize the
ground waters of the state to evaluate public health risks from organic and
inorganic chemicals regulated under federal law;
(3) That federal law provides a mechanism to significantly reduce testing and monitoring costs to public water systems through the use of areawide waivers.
The legislature therefore directs the department of health to conduct a
voluntary program to selectively test the ground waters of the state for
organic and inorganic chemicals regulated under federal law for the purpose
of granting area-wide waivers." [1994 c 252 § 1.]
Effective date—1994 c 252: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 1, 1994]." [1994 c 252 § 6.]
Requirements effective upon adoption of rules—1991 c 304: See
note following RCW 70.119A.100.
70.119A.025
70.119A.025 Environmental excellence program
agreements—Effect on chapter. Notwithstanding any
other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement,
entered into under chapter 43.21K RCW. [1997 c 381 § 24.]
Purpose—1997 c 381: See RCW 43.21K.005.
70.119A.030
70.119A.030 Public health emergencies—Violations—Penalty. (1) The secretary or his or her designee or
the local health officer may declare a public health emergency. As limited by RCW 70.119A.040, the department
may impose penalties for violations of laws or regulations
that are determined to be a public health emergency.
(2) As limited by RCW 70.119A.040, the department
may impose penalties for violation of laws or rules regulating
public water systems and administered by the department of
health. [1993 c 305 § 1; 1991 c 304 § 3; 1989 c 422 § 6; 1986
c 271 § 3.]
Requirements effective upon adoption of rules—1991 c 304: See
note following RCW 70.119A.100.
70.119A.040
70.119A.040 Additional or alternative penalty—
Informal resolution unless a public health emergency.
(1)(a) In addition to or as an alternative to any other penalty
or action allowed by law, a person who violates a law or rule
regulating public water systems and administered by the
department of health is subject to a penalty of not more than
five thousand dollars per day for every such violation, or, in
the case of a violation that has been determined to be a public
health emergency, a penalty of not more than ten thousand
dollars per day for every such violation. Every such violation
(2006 Ed.)
70.119A.040
shall be a separate and distinct offense. The amount of fine
shall reflect the health significance of the violation and the
previous record of compliance on the part of the public water
supplier. In case of continuing violation, every day’s continuance shall be a separate and distinct violation.
(b) In addition, a person who constructs, modifies, or
expands a public water system or who commences the construction, modification, or expansion of a public water system without first obtaining the required departmental
approval is subject to penalties of not more than five thousand dollars per service connection, or, in the case of a system serving a transient population, a penalty of not more than
four hundred dollars per person based on the highest average
daily population the system serves or is anticipated to serve
may be imposed. The total penalty that may be imposed pursuant to this subsection (1)(b) is five hundred thousand dollars. For the purpose of computing the penalty under this subsection, a service connection shall include any new service
connection actually constructed, any anticipated service connection the system has been designed to serve, and, in the
case of a system modification not involving expansions, each
existing service connection that benefits or would benefit
from the modification.
(c) Every person who, through an act of commission or
omission, procures, aids, or abets a violation is considered to
have violated the provisions of this section and is subject to
the penalty provided in this section.
(2) The penalty provided for in this section shall be
imposed by a notice in writing to the person against whom
the civil penalty is assessed and shall describe the violation.
The notice shall be personally served in the manner of service
of a summons in a civil action or in a manner that shows
proof of receipt. A penalty imposed by this section is due
twenty-eight days after receipt of notice unless application
for an adjudicative proceeding is filed as provided in subsection (3) of this section.
(3) Within twenty-eight days after notice is received, the
person incurring the penalty may file an application for an
adjudicative proceeding and may pursue subsequent review
as provided in chapter 34.05 RCW and applicable rules of the
department or board of health.
(4) A penalty imposed by a final administrative order is
due upon service of the final administrative order. A person
who fails to pay a penalty assessed by a final administrative
order within thirty days of service of the final administrative
order shall pay, in addition to the amount of the penalty,
interest at the rate of one percent of the unpaid balance of the
assessed penalty for each month or part of a month that the
penalty remains unpaid, commencing with the month in
which the notice of penalty was served and such reasonable
attorney’s fees as are incurred in securing the final administrative order.
(5) A person who institutes proceedings for judicial
review of a final administrative order assessing a civil penalty under this chapter shall place the full amount of the penalty in an interest bearing account in the registry of the
reviewing court. At the conclusion of the proceeding the
court shall, as appropriate, enter a judgment on behalf of the
department and order that the judgment be satisfied to the
extent possible from moneys paid into the registry of the
court or shall enter a judgment in favor of the person appeal[Title 70 RCW—page 387]
70.119A.050
Title 70 RCW: Public Health and Safety
ing the penalty assessment and order return of the moneys
paid into the registry of the court together with accrued interest to the person appealing. The judgment may award reasonable attorney’s fees for the cost of the attorney general’s
office in representing the department.
(6) If no appeal is taken from a final administrative order
assessing a civil penalty under this chapter, the department
may file a certified copy of the final administrative order with
the clerk of the superior court in which the public water system is located or in Thurston county, and the clerk shall enter
judgment in the name of the department and in the amount of
the penalty assessed in the final administrative order.
(7) A judgment entered under subsection (5) or (6) of
this section shall have the same force and effect as, and is
subject to all of the provisions of law relating to, a judgment
in a civil action, and may be enforced in the same manner as
any other judgment of the court in which it is entered.
(8) All penalties imposed under this section shall be payable to the state treasury and credited to the safe drinking
water account, and shall be used by the department to provide
training and technical assistance to system owners and operators.
(9) Except in cases of public health emergencies, the
department may not impose monetary penalties under this
section unless a prior effort has been made to resolve the violation informally. [1995 c 376 § 8; 1993 c 305 § 2; 1990 c
133 § 8; 1989 c 175 § 135; 1986 c 271 § 4.]
Findings—1995 c 376: See note following RCW 70.116.060.
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
Effective date—1989 c 175: See note following RCW 34.05.010.
70.119A.050
70.119A.050 Enforcement of regulations by local
boards of health—Civil penalties. Each local board of
health that is enforcing the regulations under an agreement
with the department allocating state and local responsibility
is authorized to impose and collect civil penalties for violations within the area of its responsibility under the same limitations and requirements imposed upon the department by
RCW 70.119A.030 and 70.119A.040, except that judgment
shall be entered in the name of the local board [and] penalties
shall be placed into the general fund of the county, city, or
town operating the local board of health. [1993 c 305 § 3;
1989 c 422 § 8; 1986 c 271 § 5.]
70.119A.060
70.119A.060 Public water systems—Mandate—Conditions for approval or creation of new public water system—Department and local health jurisdiction duties.
(1) In order to assure safe and reliable public drinking water
and to protect the public health, public water systems shall:
(a) Protect the water sources used for drinking water;
(b) Provide treatment adequate to assure that the public
health is protected;
(c) Provide and effectively operate and maintain public
water system facilities;
(d) Plan for future growth and assure the availability of
safe and reliable drinking water;
(e) Provide the department with the current names,
addresses, and telephone numbers of the owners, operators,
and emergency contact persons for the system, including any
[Title 70 RCW—page 388]
changes to this information, and provide to users the name
and twenty-four hour telephone number of an emergency
contact person; and
(f) Take whatever investigative or corrective action is
necessary to assure that a safe and reliable drinking water
supply is continuously available to users.
(2) No new public water system may be approved or created unless: (a) It is owned or operated by a satellite system
management agency established under RCW 70.116.134 and
the satellite system management system complies with financial viability requirements of the department; or (b) a satellite
management system is not available and it is determined that
the new system has sufficient management and financial
resources to provide safe and reliable service. The approval
of any new system that is not owned by a satellite system
management agency shall be conditioned upon future management or ownership by a satellite system management
agency, if such management or ownership can be made with
reasonable economy and efficiency, or upon periodic review
of the system’s operational history to determine its ability to
meet the department’s financial viability and other operating
requirements. The department and local health jurisdictions
shall enforce this requirement under authority provided under
this chapter, chapter 70.116, or 70.05 RCW, or other authority governing the approval of new water systems by the
department or a local jurisdiction.
(3) The department and local health jurisdictions shall
carry out the rules and regulations of the state board of health
adopted pursuant to RCW 43.20.050(2)(a) and other rules
adopted by the department relating to public water systems.
[1995 c 376 § 3; 1991 c 304 § 4; 1990 c 132 § 4; 1989 c 422
§ 3.]
Findings—1995 c 376: See note following RCW 70.116.060.
Requirements effective upon adoption of rules—1991 c 304: See
note following RCW 70.119A.100.
Legislative findings—Severability—1990 c 132: See notes following
RCW 43.20.240.
70.119A.070 Department contracting authority. The
department may enter into contracts to carry out the purposes
of this chapter. [1989 c 422 § 4.]
70.119A.070
70.119A.080
70.119A.080 Drinking water program. (1) The
department shall administer a drinking water program which
includes, but is not limited to, those program elements necessary to assume primary enforcement responsibility for part B,
and section 1428 of part C of the federal safe drinking water
act. No rule promulgated or implemented by the department
of health or the state board of health for the purpose of compliance with the requirements of the federal safe drinking
water act, 42 U.S.C. Sec. 300f et seq., shall be applicable to
public water systems to which that federal law is not applicable, unless the department or the state board determines that
such rule is necessary for the protection of public health.
(2) The department shall enter into an agreement of
administration with the department of ecology and any other
appropriate agencies, to administer the federal safe drinking
water act.
(3) The department is authorized to accept federal grants
for the administration of a primary program. [1991 c 3 § 371;
1989 c 422 § 5.]
(2006 Ed.)
Public Water Systems—Penalties and Compliance
70.119A.100
70.119A.100 Operating permits—Findings. The legislature finds that:
(1) The responsibility for ensuring that the citizens of
this state have a safe and reliable drinking water supply is
shared between local government and state government, and
is the obligation of every public water system;
(2) A rapid increase in the number of public water systems supplying drinking water to the citizens of this state has
significantly increased the burden on both local and state
government to monitor and enforce compliance by these systems with state laws that govern planning, design, construction, operation, maintenance, financing, management, and
emergency response;
(3) The federal safe drinking water act imposes on state
and local governments and the public water systems of this
state significant new responsibilities for monitoring, testing,
and treating drinking water supplies; and
(4) Existing drinking water programs at both the state
and local government level need additional authorities to
enable them to more comprehensively and systematically
address the needs of the public water systems of this state and
assure that the public health and safety of its citizens are protected.
Therefore, annual operating permit requirements shall be
established in accordance with this chapter. The operating
permit requirements shall be administered by the department
and shall be used as a means to assure that public water systems provide safe and reliable drinking water to the public.
The department and local government shall conduct comprehensive and systematic evaluations to assess the adequacy
and financial viability of public water systems. The department may impose permit conditions, requirements for system
improvements, and compliance schedules in order to carry
out the purpose of chapter 304, Laws of 1991. [1991 c 304 §
1.]
Requirements effective upon adoption of rules—1991 c 304: "The
department shall adopt rules necessary to implement sections 5 through 7 of
this act. The requirements of this act shall take effect upon adoption of rules
pursuant to this act." [1991 c 304 § 8.]
70.119A.110
70.119A.110 Operating permits—Application process—Phase-in of implementation—Satellite systems. (1)
No person may operate a group A public water system unless
the person first submits an application to the department and
receives an operating permit as provided in this section. A
new application must be submitted upon any change in ownership of the system. Any person operating a public water
system on July 28, 1991, may continue to operate the system
until the department takes final action, including any time
necessary for a hearing under subsection (3) of this section,
on a permit application submitted by the person operating the
system under the rules adopted by the department to implement this section.
(2) The department may require that each application
include the information that is reasonable and necessary to
determine that the system complies with applicable standards
and requirements of the federal safe drinking water act, state
law, and rules adopted by the department or by the state board
of health.
(3) Following its review of the application, its supporting
material, and any information received by the department in
(2006 Ed.)
70.119A.110
its investigation of the application, the department shall issue
or deny the operating permit. The department shall act on initial permit applications as expeditiously as possible, and shall
in all cases either grant or deny the application within one
hundred twenty days of receipt of the application or of any
supplemental information required to complete the application. The applicant for a permit shall be entitled to file an
appeal in accordance with chapter 34.05 RCW if the department denies the initial or subsequent applications or imposes
conditions or requirements upon the operator. Any operator
of a public water system that requests a hearing may continue
to operate the system until a decision is issued after the hearing.
(4) At the time of initial permit application or at the time
of permit renewal the department may impose such permit
conditions, requirements for system improvements, and compliance schedules as it determines are reasonable and necessary to ensure that the system will provide a safe and reliable
water supply to its users.
(5) Operating permits shall be issued for a term of one
year, and shall be renewed annually, unless the operator fails
to apply for a new permit or the department finds good cause
to deny the application for renewal.
(6) Each application shall be accompanied by an annual
fee as follows:
(a) The annual fee for public water supply systems serving fifteen to forty-nine service connections shall be twentyfive dollars.
(b) The annual fee for public water supply systems serving fifty to three thousand three hundred thirty-three service
connections shall be based on a uniform per service connection fee of one dollar and fifty cents per service connection.
(c) The annual fee for public water supply systems serving three thousand three hundred thirty-four to fifty-three
thousand three hundred thirty-three service connections shall
be based on a uniform per service connection fee of one dollar and fifty cents per service connection plus ten cents for
each service connection in excess of three thousand three
hundred thirty-three service connections.
(d) The annual fee for public water supply systems serving fifty-three thousand three hundred thirty-four or more
service connections shall be ten thousand dollars.
(e) In addition to the fees under (a) through (d) of this
subsection, the department may charge an additional onetime fee of five dollars for each service connection in a new
water system.
(f) Until June 30, 2007, in addition to the fees under (a)
through (e) of this subsection, the department may charge
municipal water suppliers, as defined in RCW 90.03.015, an
additional annual fee equivalent to twenty-five cents for each
residential service connection for the purpose of funding the
water conservation activities in RCW 70.119A.180.
(7) The department may phase-in the implementation for
any group of systems provided the schedule for implementation is established by rule. Prior to implementing the operating permit requirement on water systems having less than
five hundred service connections, the department shall form a
committee composed of persons operating these systems.
The committee shall be composed of the department of
health, two operators of water systems having under one hundred connections, two operators of water systems having
[Title 70 RCW—page 389]
70.119A.115
Title 70 RCW: Public Health and Safety
between one hundred and two hundred service connections,
two operators of water systems having between two hundred
and three hundred service connections, two operators of
water systems having between three hundred and four hundred service connections, two operators of water systems
having between four hundred and five hundred service connections, and two county public health officials. The members shall be chosen from different geographic regions of the
state. This committee shall develop draft rules to implement
this section. The draft rules will then be subject to the rulemaking procedures in accordance with chapter 34.05 RCW.
(8) The department shall notify existing public water
systems of the requirements of RCW 70.119A.030,
70.119A.060, and this section at least one hundred twenty
days prior to the date that an application for a permit is
required pursuant to RCW 70.119A.030, 70.119A.060, and
this section.
(9) The department shall issue one operating permit to
any approved satellite system management agency. Operating permit fees for approved satellite system management
agencies shall be one dollar per connection per year for the
total number of connections under the management of the
approved satellite agency. The department shall define by
rule the meaning of the term "satellite system management
agency." If a statutory definition of this term exists, then the
department shall adopt by rule a definition consistent with the
statutory definition.
(10) For purposes of this section, "group A public water
system" and "system" mean those water systems with fifteen
or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more
people per day for sixty or more days within a calendar year,
regardless of the number of service connections. [2003 1st
sp.s. c 5 § 18; 1991 c 304 § 5.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
Requirements effective upon adoption of rules—1991 c 304: See
note following RCW 70.119A.100.
with the departments of agriculture and ecology for the purpose of exchanging water quality and other information.
[1997 c 218 § 3; 1994 c 252 § 3.]
Findings—Effective date—1997 c 218: See notes following RCW
70.119.030.
Finding—Effective date—1994 c 252: See notes following RCW
70.119A.020.
70.119A.120
70.119A.120 Safe drinking water account. The safe
drinking water account is created in the general fund of the
state treasury. All receipts from the operating permit fees
required to be paid under RCW 70.119A.110 shall be deposited into the account. Moneys in the account may be spent
only after appropriation. Expenditures from the account may
be used by the department of health to carry out the purposes
of chapter 304, Laws of 1991 and to carry out contracts with
local governments in accordance with this chapter. [1991 c
304 § 6.]
Requirements effective upon adoption of rules—1991 c 304: See
note following RCW 70.119A.100.
70.119A.130
70.119A.130 Local government authority. Local governments may establish separate operating permit requirements for public water systems provided the operating permit
requirements have been approved by the department. The
department shall not approve local operating permit requirements unless the local system will result in an increased level
of service to the public water system. There shall not be
duplicate operating permit requirements imposed by local
governments and the department. [1995 c 376 § 9; 1991 c
304 § 7.]
Effective date—1995 c 376 § 9: "Section 9 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect July 1, 1995." [1995 c 376 § 17.]
Findings—1995 c 376: See note following RCW 70.116.060.
Requirements effective upon adoption of rules—1991 c 304: See
note following RCW 70.119A.100.
70.119A.115
70.119A.115 Organic and inorganic chemicals—
Area-wide waiver program. The department shall develop
and implement a voluntary consolidated source monitoring
program sufficient to accurately characterize the source water
quality of the state’s drinking water supplies and to maximize
the flexibility allowed in the federal safe drinking water act to
allow public water systems to be waived from full testing
requirements for organic and inorganic chemicals under the
federal safe drinking water act. The department shall arrange
for the initial sampling and provide for testing and programmatic costs to the extent that the legislature provides funding
for this purpose in water system operating permit fees or
through specific appropriation of funds from other sources.
The department shall assess a fee using its authority under
RCW 43.20B.020, sufficient to cover all testing and directly
related costs to public water systems that otherwise are not
funded. The department shall adjust the amount of the fee
based on the size of the public drinking water system. Fees
charged by the department for this purpose may not vary by
more than a factor of ten. The department shall, to the extent
feasible and cost-effective, use the services of local governments, local health departments, and private laboratories to
implement the testing program. The department shall consult
[Title 70 RCW—page 390]
70.119A.140
70.119A.140 Report by bottled water plant operator
or water dealer of contaminant in water source. In such
cases where a bottled water plant operator or water dealer
knows or has reason to believe that a contaminant is present
in the source water because of spill, release of a hazardous
substance, or otherwise, and the contaminant’s presence
would create a potential health hazard to consumers, the plant
operator or water dealer must report such an occurrence to the
state’s department of health. [1992 c 34 § 5.]
Severability—1992 c 34: See note following RCW 69.07.170.
70.119A.150
70.119A.150 Authority to enter premises—Search
warrants—Investigations. (1)(a) Except as otherwise provided in (b) of this subsection, the secretary or his or her designee shall have the right to enter a premises under the control of a public water system at reasonable times with prior
notification in order to determine compliance with laws and
rules administered by the department of health to test,
inspect, or sample features of a public water system and
inspect, copy, or photograph monitoring equipment or other
features of a public water system, or records required to be
kept under laws or rules regulating public water systems. For
(2006 Ed.)
Public Water Systems—Penalties and Compliance
the purposes of this section, "premises under the control of a
public water system" does not include the premises or private
property of a customer of a public water system past the point
on the system where the service connection is made.
(b) The secretary or his or her designee need not give
prior notification to enter a premises under (a) of this subsection if the purpose of the entry is to ensure compliance by the
public water system with a prior order of the department or if
the secretary or the secretary’s designee has reasonable cause
to believe the public water system is violating the law and
poses a serious threat to public health and safety.
(2) The secretary or his or her designee may apply for an
administrative search warrant to a court official authorized to
issue a criminal search warrant. An administrative search
warrant may be issued for the purposes of inspecting or
examining property, buildings, premises, place, books,
records, or other physical evidence, or conducting tests or
taking samples. The warrant shall be issued upon probable
cause. It is sufficient probable cause to show any of the following:
(a) The inspection, examination, test, or sampling is pursuant to a general administrative plan to determine compliance with laws or rules administered by the department; or
(b) The secretary or his or her designee has reason to
believe that a violation of a law or rule administered by the
department has occurred, is occurring, or may occur.
(3) The local health officer or the designee of a local
health officer of a local board of health that is enforcing rules
regulating public water systems under an agreement with the
department allocating state and local responsibility is authorized to conduct investigations and to apply for, obtain, and
execute administrative search warrants necessary to perform
the local board’s agreed-to responsibilities under the same
limitations and requirements imposed on the department
under this section. [1993 c 305 § 4.]
70.119A.160
70.119A.160 Water supply advisory committee. The
department shall create a water supply advisory committee.
Membership on the committee shall reflect a broad range of
interests in the regulation of public water supplies, including
water utilities of all sizes, local governments, business
groups, special purpose districts, local health jurisdictions,
other state and federal agencies, financial institutions, environmental organizations, the legislature, and other groups
substantially affected by the department’s role in implementing state and federal requirements for public water systems.
Members shall be appointed for fixed terms of no less than
two years, and may be reappointed. Any members of an existing advisory committee to the drinking water program may
remain as members of the water supply advisory committee.
The committee shall provide advice to the department on the
organization, functions, service delivery methods, and funding of the drinking water program. The committee shall also
review the adequacy and necessity of the current and prospective funding for the drinking water program, and the
results of the committees’ review shall be forwarded to the
department. The report shall include a discussion of the
extent to which the drinking water program has progressed
toward achieving the objectives of the public health improvement plan, and an assessment of any changes to the program
(2006 Ed.)
70.119A.170
necessitated by modifications to the federal safe drinking
water act. [1998 c 245 § 112; 1995 c 376 § 4.]
Findings—1995 c 376: See note following RCW 70.116.060.
70.119A.170
70.119A.170 Drinking water assistance account—
Drinking water assistance administrative account—
Drinking water assistance repayment account—Program
to provide financial assistance to public water systems—
Responsibilities. (1) A drinking water assistance account is
created in the state treasury. Such subaccounts as are necessary to carry out the purposes of this chapter are permitted to
be established within the account. Therefore, the drinking
water assistance administrative account and the drinking
water assistance repayment account are created in the state
treasury. The purpose of the account is to allow the state to
use any federal funds that become available to states from
congress to fund a state revolving loan fund program as part
of the reauthorization of the federal safe drinking water act.
Expenditures from the account may only be made by the secretary, the public works board, or the department of community, trade, and economic development, after appropriation.
Moneys in the account may only be used, consistent with federal law, to assist water systems to provide safe drinking
water through a program administered through the department of health, the public works board, and the department of
community, trade, and economic development and for other
activities authorized under federal law. Money may be placed
in the account from the proceeds of bonds when authorized
by the legislature, transfers from other state funds or
accounts, federal capitalization grants or other financial
assistance, all repayments of moneys borrowed from the
account, all interest payments made by borrowers from the
account or otherwise earned on the account, or any other lawful source. All interest earned on moneys deposited in the
account, including repayments, shall remain in the account
and may be used for any eligible purpose. Moneys in the
account may only be used to assist local governments and
water systems to provide safe and reliable drinking water, for
other services and assistance authorized by federal law to be
funded from these federal funds, and to administer the program.
(2) The department and the public works board shall
establish and maintain a program to use the moneys in the
drinking water assistance account as provided by the federal
government under the safe drinking water act. The department and the public works board, in consultation with purveyors, local governments, local health jurisdictions, financial institutions, commercial construction interests, other
state agencies, and other affected and interested parties, shall
by January 1, 1999, adopt final joint rules and requirements
for the provision of financial assistance to public water systems as authorized under federal law. Prior to the effective
date of the final rules, the department and the public works
board may establish and utilize guidelines for the sole purpose of ensuring the timely procurement of financial assistance from the federal government under the safe drinking
water act, but such guidelines shall be converted to rules by
January 1, 1999. The department and the public works board
shall make every reasonable effort to ensure the state’s
receipt and disbursement of federal funds to eligible public
[Title 70 RCW—page 391]
70.119A.180
Title 70 RCW: Public Health and Safety
water systems as quickly as possible after the federal government has made them available. By December 15, 1997, the
department and the public works board shall provide a report
to the appropriate committees of the legislature reflecting the
input from the affected interests and parties on the status of
the program. The report shall include significant issues and
concerns, the status of rule making and guidelines, and a plan
for the adoption of final rules.
(3) If the department, public works board, or any other
department, agency, board, or commission of state government participates in providing service under this section, the
administering entity shall endeavor to provide cost-effective
and timely services. Mechanisms to provide cost-effective
and timely services include: (a) Adopting federal guidelines
by reference into administrative rules; (b) using existing
management mechanisms rather than creating new administrative structures; (c) investigating the use of service contracts, either with other governmental entities or with nongovernmental service providers; (d) the use of joint or combined financial assistance applications; and (e) any other
method or practice designed to streamline and expedite the
delivery of services and financial assistance.
(4) The department shall have the authority to establish
assistance priorities and carry out oversight and related activities, other than financial administration, with respect to
assistance provided with federal funds. The department, the
public works board, and the department of community, trade,
and economic development shall jointly develop, with the
assistance of water purveyors and other affected and interested parties, a memorandum of understanding setting forth
responsibilities and duties for each of the parties. The memorandum of understanding at a minimum, shall include:
(a) Responsibility for developing guidelines for providing assistance to public water systems and related oversight
prioritization and oversight responsibilities including
requirements for prioritization of loans or other financial
assistance to public water systems;
(b) Department submittal of preapplication information
to the public works board for review and comment;
(c) Department submittal of a prioritized list of projects
to the public works board for determination of:
(i) Financial capability of the applicant; and
(ii) Readiness to proceed, or the ability of the applicant
to promptly commence the project;
(d) A process for determining consistency with existing
water resource planning and management, including coordinated water supply plans, regional water resource plans, and
comprehensive plans under the growth management act,
chapter 36.70A RCW;
(e) A determination of:
(i) Least-cost solutions, including consolidation and
restructuring of small systems, where appropriate, into more
economical units;
(ii) The provision of regional facilities;
(iii) Projects and activities that facilitate compliance
with the federal safe drinking water act; and
(iv) Projects and activities that are intended to achieve
the public health objectives of federal and state drinking
water laws;
[Title 70 RCW—page 392]
(f) Implementation of water conservation and other
demand management measures consistent with state guidelines for water utilities;
(g) Assistance for the necessary planning and engineering to assure that consistency, coordination, and proper professional review are incorporated into projects or activities
proposed for funding;
(h) Minimum standards for water system capacity, financial viability, and water system planning;
(i) Testing and evaluation of the water quality of the
state’s public water system to assure that priority for financial
assistance is provided to systems and areas with threats to
public health from contaminated supplies and reduce in
appropriate cases the substantial increases in costs and rates
that customers of small systems would otherwise incur under
the monitoring and testing requirements of the federal safe
drinking water act;
(j) Coordination, to the maximum extent possible, with
other state programs that provide financial assistance to public water systems and state programs that address existing or
potential water quality or drinking contamination problems;
(k) Definitions of "affordability" and "disadvantaged
community" that are consistent with these and similar terms
in use by other state or federal assistance programs;
(l) Criteria for the financial assistance program for public
water systems, which shall include, but are not limited to:
(i) Determining projects addressing the most serious risk
to human health;
(ii) Determining the capacity of the system to effectively
manage its resources, including meeting state financial viability criteria; and
(iii) Determining the relative benefit to the community
served; and
(m) Ensure that each agency fulfills the audit, accounting, and reporting requirements under federal law for its portion of the administration of this program.
(5) The department and the public works board shall
begin the process to disburse funds no later than October 1,
1997, and shall adopt such rules as are necessary under chapter 34.05 RCW to administer the program by January 1, 1999.
[2001 c 141 § 4; 1997 c 218 § 4; 1995 c 376 § 10.]
Purpose—2001 c 141: See note following RCW 43.84.092.
Findings—Effective date—1997 c 218: See notes following RCW
70.119.030.
Findings—1995 c 376: See note following RCW 70.116.060.
70.119A.180 Water use efficiency requirements—
Rules. (1) It is the intent of the legislature that the department establish water use efficiency requirements designed to
ensure efficient use of water while maintaining water system
financial viability, improving affordability of supplies, and
enhancing system reliability.
(2) The requirements of this section shall apply to all
municipal water suppliers and shall be tailored to be appropriate to system size, forecasted system demand, and system
supply characteristics.
(3) For the purposes of this section:
(a) Water use efficiency includes conservation planning
requirements, water distribution system leakage standards,
and water conservation performance reporting requirements;
and
70.119A.180
(2006 Ed.)
Public Water Systems—Penalties and Compliance
(b) "Municipal water supplier" and "municipal water
supply purposes" have the meanings provided by RCW
90.03.015.
(4) To accomplish the purposes of this section, the
department shall adopt rules necessary to implement this section by December 31, 2005. The department shall:
(a) Develop conservation planning requirements that
ensure municipal water suppliers are: (i) Implementing programs to integrate conservation with water system operation
and management; and (ii) identifying how to appropriately
fund and implement conservation activities. Requirements
shall apply to the conservation element of water system plans
and small water system management programs developed
pursuant to chapter 43.20 RCW. In establishing the conservation planning requirements the department shall review the
current department conservation planning guidelines and
include those elements that are appropriate for rule. Conservation planning requirements shall include but not be limited
to:
(A) Selection of cost-effective measures to achieve a
system’s water conservation objectives. Requirements shall
allow the municipal water supplier to select and schedule
implementation of the best methods for achieving its conservation objectives;
(B) Evaluation of the feasibility of adopting and implementing water delivery rate structures that encourage water
conservation;
(C) Evaluation of each system’s water distribution system leakage and, if necessary, identification of steps necessary for achieving water distribution system leakage standards developed under (b) of this subsection;
(D) Collection and reporting of water consumption and
source production and/or water purchase data. Data collection and reporting requirements shall be sufficient to identify
water use patterns among utility customer classes, where
applicable, and evaluate the effectiveness of each system’s
conservation program. Requirements, including reporting
frequency, shall be appropriate to system size and complexity. Reports shall be available to the public; and
(E) Establishment of minimum requirements for water
demand forecast methodologies such that demand forecasts
prepared by municipal water suppliers are sufficient for use
in determining reasonably anticipated future water needs;
(b) Develop water distribution system leakage standards
to ensure that municipal water suppliers are taking appropriate steps to reduce water system leakage rates or are maintaining their water distribution systems in a condition that
results in leakage rates in compliance with the standards.
Limits shall be developed in terms of percentage of total
water produced and/or purchased and shall not be lower than
ten percent. The department may consider alternatives to the
percentage of total water supplied where alternatives provide
a better evaluation of the water system’s leakage performance. The department shall institute a graduated system of
requirements based on levels of water system leakage. A
municipal water supplier shall select one or more control
methods appropriate for addressing leakage in its water system;
(c) Establish minimum requirements for water conservation performance reporting to assure that municipal water
suppliers are regularly evaluating and reporting their water
(2006 Ed.)
70.119A.180
conservation performance. The objective of setting conservation goals is to enhance the efficient use of water by the
water system customers. Performance reporting shall
include:
(i) Requirements that municipal water suppliers adopt
and achieve water conservation goals. The elected governing
board or governing body of the water system shall set water
conservation goals for the system. In setting water conservation goals the water supplier may consider historic conservation performance and conservation investment, customer
base demographics, regional climate variations, forecasted
demand and system supply characteristics, system financial
viability, system reliability, and affordability of water rates.
Conservation goals shall be established by the municipal
water supplier in an open public forum;
(ii) Requirements that the municipal water supplier
adopt schedules for implementing conservation program elements and achieving conservation goals to ensure that
progress is being made toward adopted conservation goals;
(iii) A reporting system for regular reviews of conservation performance against adopted goals. Performance reports
shall be available to customers and the public. Requirements,
including reporting frequency, shall be appropriate to system
size and complexity;
(iv) Requirements that any system not meeting its water
conservation goals shall develop a plan for modifying its conservation program to achieve its goals along with procedures
for reporting performance to the department;
(v) If a municipal water supplier determines that further
reductions in consumption are not reasonably achievable, it
shall identify how current consumption levels will be maintained;
(d) Adopt rules that, to the maximum extent practical,
utilize existing mechanisms and simplified procedures in
order to minimize the cost and complexity of implementation
and to avoid placing unreasonable financial burden on
smaller municipal systems.
(5) The department shall establish an advisory committee to assist the department in developing rules for water use
efficiency. The advisory committee shall include representatives from public water system customers, environmental
interest groups, business interest groups, a representative
cross-section of municipal water suppliers, a water utility
conservation professional, tribal governments, the department of ecology, and any other members determined necessary by the department. The department may use the water
supply advisory committee created pursuant to RCW
70.119A.160 augmented with additional participants as necessary to comply with this subsection to assist the department
in developing rules.
(6) The department shall provide technical assistance
upon request to municipal water suppliers and local governments regarding water conservation, which may include
development of best management practices for water conservation programs, conservation landscape ordinances, conservation rate structures for public water systems, and general
public education programs on water conservation.
(7) To ensure compliance with this section, the department shall establish a compliance process that incorporates a
graduated approach employing the full range of compliance
mechanisms available to the department.
[Title 70 RCW—page 393]
70.119A.900
Title 70 RCW: Public Health and Safety
(8) Prior to completion of rule making required in subsection (4) of this section, municipal water suppliers shall
continue to meet the existing conservation requirements of
the department and shall continue to implement their current
water conservation programs. [2003 1st sp.s. c 5 § 7.]
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
70.119A.900
70.119A.900 Short title—1989 c 422. This act shall be
known and cited as the "Washington state safe drinking water
act." [1989 c 422 § 1.]
Chapter 70.120 RCW
MOTOR VEHICLE EMISSION CONTROL
Chapter 70.120
Sections
70.120.010
70.120.020
70.120.070
70.120.080
70.120.100
70.120.120
70.120.130
70.120.150
70.120.160
70.120.170
70.120.190
70.120.210
70.120.230
70.120.901
70.120.902
Definitions.
Programs.
Vehicle inspections—Failed—Certificate of acceptance.
Vehicle inspections—Fleets.
Vehicle inspections—Complaints.
Rules.
Authority.
Vehicle emission and equipment standards—Designation of
noncompliance areas and emission contributing areas.
Noncompliance areas—Annual review.
Motor vehicle emission inspections—Fees—Certificate of
compliance—State and local agency vehicles.
Used vehicles.
Clean-fuel performance and clean-fuel vehicle emissions
specifications.
Scientific advisory board—Composition of board—Duties.
Captions not law—1989 c 240.
Effective date—1989 c 240.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
70.120.010
70.120.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of
ecology.
(3) "Fleet" means a group of fifteen or more motor vehicles registered in the same name and whose owner has been
assigned a fleet identifier code by the department of licensing.
(4) "Motor vehicle" means any self-propelled vehicle
required to be licensed pursuant to chapter 46.16 RCW.
(5) "Motor vehicle dealer" means a motor vehicle dealer,
as defined in RCW 46.70.011, that is licensed pursuant to
chapter 46.70 RCW.
(6) "Person" means an individual, firm, public or private
corporation, association, partnership, political subdivision of
the state, municipality, or governmental agency.
(7) The terms "air contaminant," "air pollution," "air
quality standard," "ambient air," "emission," and "emission
standard" have the meanings given them in RCW 70.94.030.
[1991 c 199 § 201; 1979 ex.s. c 163 § 1.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Severability—1979 ex.s. c 163: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 163 § 19.]
[Title 70 RCW—page 394]
70.120.020
70.120.020 Programs. (1) The department shall conduct a public educational program regarding the health
effects of air pollution emitted by motor vehicles; the purpose, operation, and effect of emission control devices and
systems; and the effect that proper maintenance of motor
vehicle engines has on fuel economy and air pollution emission and a public notification program identifying the geographic areas of the state that are designated as being noncompliance areas and emission contributing areas and
describing the requirements imposed under this chapter for
those areas.
(2)(a) The department shall grant certificates of instruction to persons who successfully complete a course of study,
under general requirements established by the director, in the
maintenance of motor vehicle engines, the use of engine and
exhaust analysis equipment, and the repair and maintenance
of emission control devices. The director may establish and
implement procedures for granting certification to persons
who successfully complete other training programs or who
have received certification from public and private organizations which meet the requirements established in this subsection, including programs on clean fuel technology and maintenance.
(b) The department shall make available to the public a
list of those persons who have received certificates of instruction under subsection (2)(a) of this section. [1991 c 199 §
202; 1989 c 240 § 5; 1979 ex.s. c 163 § 2.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
70.120.070
70.120.070 Vehicle inspections—Failed—Certificate
of acceptance. (1) Any person:
(a) Whose motor vehicle is tested pursuant to this chapter and fails to comply with the emission standards established for the vehicle; and
(b) Who, following such a test, expends more than one
hundred dollars on a 1980 or earlier model year motor vehicle
or expends more than one hundred fifty dollars on a 1981 or
later model year motor vehicle for repairs solely devoted to
meeting the emission standards and that are performed by a
ce r t i f i ed e m i s s i o n s p ec i al i s t a u t h o r i z ed b y R C W
70.120.020(2)(a); and
(c) Whose vehicle fails a retest, may be issued a certificate of acceptance if (i) the vehicle has been in use for more
than five years or fifty thousand miles, and (ii) any component of the vehicle installed by the manufacturer for the purpose of reducing emissions, or its appropriate replacement, is
installed and operative.
To receive the certificate, the person must document
compliance with (b) and (c) of this subsection to the satisfaction of the department.
Should any provision of (b) of this subsection be disapproved by the administrator of the United States environmental protection agency, all vehicles shall be required to expend
at least four hundred fifty dollars to qualify for a certificate of
acceptance.
(2) Persons who fail the initial tests shall be provided
with:
(2006 Ed.)
Motor Vehicle Emission Control
(a) Information regarding the availability of federal warranties and certified emission specialists;
(b) Information on the availability and procedure for
acquiring license trip-permits;
(c) Information on the availability and procedure for
receiving a certificate of acceptance; and
(d) The local phone number of the department’s local
vehicle specialist. [1998 c 342 § 2; 1991 c 199 § 203; 1989 c
240 § 6; 1980 c 176 § 4; 1979 ex.s. c 163 § 7.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
70.120.080
70.120.080 Vehicle inspections—Fleets. The director
may authorize an owner or lessee of a fleet of motor vehicles,
or the owner’s or lessee’s agent, to inspect the vehicles in the
fleet and issue certificates of compliance for the vehicles in
the fleet if the director determines that: (1) The director’s
inspection procedures will be complied with; and (2) certificates will be issued only to vehicles in the fleet that meet
emission and equipment standards adopted under RCW
70.120.150 and only when appropriate.
In addition, the director may authorize an owner or lessee of one or more diesel motor vehicles with a gross vehicle
weight rating in excess of eight thousand five hundred
pounds, or the owner’s or lessee’s agent, to inspect the vehicles and issue certificates of compliance for the vehicles. The
inspections shall be conducted in compliance with inspection
procedures adopted by the department and certificates of
compliance shall only be issued to vehicles that meet emission and equipment standards adopted under RCW
70.120.150.
The director shall establish by rule the fee for fleet or
diesel inspections provided for in this section. The fee shall
be set at an amount necessary to offset the department’s cost
to administer the fleet and diesel inspection program authorized by this section.
Owners, leaseholders, or their agents conducting inspections under this section shall pay only the fee established in
this section and not be subject to fees under RCW
70.120.170(4). [1991 c 199 § 205; 1979 ex.s. c 163 § 8.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
70.120.100
70.120.100 Vehicle inspections—Complaints. The
department shall investigate complaints received regarding
the operation of emission testing stations and shall require
corrections or modifications in those operations when
deemed necessary.
The department shall also review complaints received
regarding the maintenance or repairs secured by owners of
motor vehicles for the purpose of complying with the requirements of this chapter. When possible, the department shall
assist such owners in determining the merits of the complaints.
The department shall keep a copy of all complaints
received, and on request, make copies available to the public.
(2006 Ed.)
70.120.150
This is not intended to require disclosure of any information
that is exempt from public disclosure under chapter 42.56
RCW. [2005 c 274 § 340; 1998 c 342 § 3; 1979 ex.s. c 163 §
10.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
70.120.120
70.120.120 Rules. The director shall adopt rules implementing and enforcing this chapter in accordance with chapter 34.05 RCW. The department shall take into account when
considering proposed modifications of emission contributing
boundaries, as provided for in RCW 70.120.150(6), alternative transportation control and motor vehicle emission reduction measures that are required by local municipal corporations for the purpose of satisfying federal emission guidelines. [1991 c 199 § 206; 1989 c 240 § 8; 1979 ex.s. c 163 §
13.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
70.120.130
70.120.130 Authority. The authority granted by this
chapter to the director and the department for controlling
vehicle emissions is supplementary to the department’s
authority to control air pollution pursuant to chapter 70.94
RCW. [1979 ex.s. c 163 § 14.]
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
70.120.150
70.120.150 Vehicle emission and equipment standards—Designation of noncompliance areas and emission
contributing areas. The director:
(1) Shall adopt motor vehicle emission and equipment
standards to: Ensure that no less than seventy percent of the
vehicles tested comply with the standards on the first inspection conducted, meet federal clean air act requirements, and
protect human health and the environment.
(2) Shall adopt rules implementing the smoke opacity
testing requirement for diesel vehicles that ensure that such
test is objective and repeatable and that properly maintained
engines that otherwise would meet the applicable federal
emission standards, as measured by the new engine certification test, would not fail the smoke opacity test.
(3) Shall designate a geographic area as being a "noncompliance area" for motor vehicle emissions if (a) the
department’s analysis of emission and ambient air quality
data, covering a period of no less than one year, indicates that
the standard has or will probably be exceeded, and (b) the
department determines that the primary source of the air contaminant is motor vehicle emissions.
(4) Shall reevaluate noncompliance areas if the United
States environmental protection agency modifies the relevant
air quality standards, and shall discontinue the program if
compliance is indicated and if the department determines that
the area would continue to be in compliance after the program is discontinued. The director shall notify persons residing in noncompliance areas of the reevaluation.
(5) Shall analyze information regarding the motor vehicle traffic in a noncompliance area to determine the smallest
[Title 70 RCW—page 395]
70.120.160
Title 70 RCW: Public Health and Safety
land area within whose boundaries are present registered
motor vehicles that contribute significantly to the violation of
motor vehicle-related air quality standards in the noncompliance area. The director shall declare the area to be an "emission contributing area." An emission contributing area established for a carbon monoxide or oxides of nitrogen noncompliance area must contain the noncompliance area within its
boundaries. An emission contributing area established for an
ozone noncompliance area located in this state need not contain the ozone noncompliance area within its boundaries if it
can be proven that vehicles registered in the area contribute
significantly to violations of the ozone air quality standard in
the noncompliance area. An emission contributing area may
be established in this state for violations of federal air quality
standards for ozone in an adjacent state if (a) the United
States environmental protection agency designates an area to
be a "nonattainment area for ozone" under the provisions of
the federal Clean Air Act (42 U.S.C. 7401 et seq.), and (b) it
can be proven that vehicles registered in this state contribute
significantly to the violation of the federal air quality standards for ozone in the adjacent state’s nonattainment area.
(6) Shall, after consultation with the appropriate local
government entities, designate areas as being noncompliance
areas or emission contributing areas, and shall establish the
boundaries of such areas by rule. The director may also modify boundaries. In establishing the external boundaries of an
emission contributing area, the director shall use the boundaries established for ZIP code service areas by the United
States postal service.
(7) May make grants to units of government in support
of planning efforts to reduce motor vehicle emissions. [1991
c 199 § 207; 1989 c 240 § 2.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
70.120.160
70.120.160 Noncompliance areas—Annual review.
(1) The director shall review annually the air quality and forecasted air quality of each area in the state designated as a noncompliance area for motor vehicle emissions.
(2) An area shall no longer be designated as a noncompliance area if the director determines that:
(a) Air quality standards for contaminants derived from
motor vehicle emissions are no longer being violated in the
noncompliance area; and
(b) The standards would not be violated if the emission
inspection system in the emission contributing area was discontinued and the requirements of RCW 46.16.015 no longer
applied. [1989 c 240 § 3.]
70.120.170
70.120.170 Motor vehicle emission inspections—
Fees—Certificate of compliance—State and local agency
vehicles. (Expires January 1, 2020.) (1) The department
shall administer a system for emission inspections of all
motor vehicles, except those described in RCW 46.16.015(2),
that are registered within the boundaries of each emission
contributing area. Under such system a motor vehicle shall
be inspected biennially except where an annual program
would be required to meet federal law and prevent federal
sanctions. In addition, motor vehicles shall be inspected at
[Title 70 RCW—page 396]
each change of registered owner of a licensed vehicle as provided under RCW 46.16.015.
(2) The director shall:
(a) Adopt procedures for conducting emission inspections of motor vehicles. The inspections may include idle
and high revolution per minute emission tests. The emission
test for diesel vehicles shall consist solely of a smoke opacity
test.
(b) Adopt criteria for calibrating emission testing equipment. Electronic equipment used to test for emissions standards provided for in this chapter shall be properly calibrated.
The department shall examine frequently the calibration of
the emission testing equipment used at the stations.
(c) Authorize, through contracts, the establishment and
operation of inspection stations for conducting vehicle emission inspections authorized in this chapter. No person contracted to inspect motor vehicles may perform for compensation repairs on any vehicles. No public body may establish or
operate contracted inspection stations. Any contracts [must]
comply with the procedures established for competitive bids
in chapter 43.19 RCW.
(d) Beginning in 2012, authorize businesses other than
those contracted to operate inspection stations under (c) of
this subsection to conduct vehicle emission inspections.
Businesses authorized under this subsection may also inspect
and perform, for compensation, repairs on vehicles. The fee
limitations under subsection (4) of this section do not apply to
the fee charged for a vehicle emissions inspection by a business authorized to conduct vehicle emission inspections
under this subsection. The director may establish by rule a
fee to be paid to the department for the oversight costs for
each vehicle emission inspection performed by a business
authorized under this subsection (2)(d).
(3) Subsection (2)(c) of this section does not apply to
v o l u n t e er m o t o r v e h i c l e i n s p e c t i o n s u n d e r R C W
70.120.020(1) if the inspections are conducted for the following purposes:
(a) Auditing;
(b) Contractor evaluation;
(c) Collection of data for establishing calibration and
performance standards; or
(d) Public information and education.
(4)(a) The director shall establish by rule the fee to be
charged for emission inspections. The inspection fee shall be
a standard fee applicable statewide or throughout an emission
contributing area and shall be no greater than fifteen dollars.
Surplus moneys collected from fees over the amount due the
contractor shall be paid to the state and deposited in the general fund. Fees shall be set at the minimum whole dollar
amount required to (i) compensate the contractor or inspection facility owner, and (ii) offset the general fund appropriation to the department to cover the administrative costs of the
motor vehicle emission inspection program.
(b) Before each inspection, a person whose motor vehicle is to be inspected shall pay to the inspection station the fee
established under this section. The person whose motor vehicle is inspected shall receive the results of the inspection. If
the inspected vehicle complies with the standards established
by the director, the person shall receive a dated certificate of
compliance. If the inspected vehicle does not comply with
(2006 Ed.)
Motor Vehicle Emission Standards
those standards, one reinspection of the vehicle shall be
afforded without charge.
(5) All units of local government and agencies of the
state with motor vehicles garaged or regularly operated in an
emissions contributing area shall test the emissions of those
vehicles annually to ensure that the vehicle’s emissions comply with the emission standards established by the director.
All state agencies outside of emission contributing areas with
more than twenty motor vehicles housed at a single facility or
contiguous facilities shall test the emissions of those vehicles
annually to ensure that the vehicles’ emissions comply with
standards established by the director. A report of the results
of the tests shall be submitted to the department.
(6) This section expires January 1, 2020. [2005 c 295 §
6; 1998 c 342 § 4; 1991 c 199 § 208; 1989 c 240 § 4.]
Findings—2005 c 295: See note following RCW 70.120A.010.
Effective date—2005 c 295 §§ 5, 6, and 10: See note following RCW
70.94.017.
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
70.120.190 Used vehicles. (1) Motor vehicle dealers
selling a used vehicle not under a new vehicle warranty shall
include a notice in each vehicle purchase order form that
reads as follows: "The owner of a vehicle may be required to
spend up to (a dollar amount established under RCW
70.120.070) for repairs if the vehicle does not meet the vehicle emission standards under this chapter. Unless expressly
warranted by the motor vehicle dealer, the dealer is not warranting that this vehicle will pass any emission tests required
by federal or state law."
(2) The signature of the purchaser on the notice required
under subsection (1) of this section shall constitute a valid
disclaimer of any implied warranty by the dealer as to a vehicle’s compliance with any emission standards.
(3) The disclosure requirement of subsection (1) of this
section applies to all motor vehicle dealers located in counties where state emission inspections are required. [1991 c
199 § 210.]
70.120.190
70.120A.010
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Clean-fuel grants: RCW 70.94.960.
70.120.230
70.120.230 Scientific advisory board—Composition
of board—Duties. The department shall establish a scientific advisory board to review plans to establish or expand the
geographic area where an inspection and maintenance system
for motor vehicle emissions is required. The board shall consist of three to five members. All members shall have at least
a master’s degree in physics, chemistry, or engineering, or a
closely related field. No member may be a current employee
of a local air pollution control authority, the department, the
United States environmental protection agency, or a company that may benefit from a review by the board.
The board shall review an inspection and maintenance
plan at the request of a local air pollution control authority,
the department, or by a petition of at least fifty people living
within the proposed boundaries of a vehicle emission inspection and maintenance system. The entity or entities requesting a scientific review may include specific issues for the
board to consider in its review. The board shall limit its
review to matters of science and shall not provide advice on
penalties or issues that are strictly legal in nature.
The board shall provide a complete written review to the
department. If the board members are not in agreement as to
the scientific merit of any issue under review, the board may
include a dissenting opinion in its report to the department.
The department shall immediately make copies available to
the local air pollution control authority and to the public.
The department shall conduct a public hearing, within
the area affected by the proposed rule, if any significant
aspect of the rule is in conflict with a majority opinion of the
board. The department shall include in its responsiveness
summary the rationale for including a rule that is not consistent with the review of the board, including a response to the
issues raised at the public hearing.
Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. [1998 c 342 § 5.]
70.120.901
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
70.120.210
70.120.210 Clean-fuel performance and clean-fuel
vehicle emissions specifications. By July 1, 1992, the
department shall develop, in cooperation with the departments of general administration and transportation, and
Washington State University, aggressive clean-fuel performance and clean-fuel vehicle emissions specifications
including clean-fuel vehicle conversion equipment. To the
extent possible, such specifications shall be equivalent for all
fuel types. In developing such specifications the department
shall consider the requirements of the clean air act and the
findings of the environmental protection agency, other states,
the American petroleum institute, the gas research institute,
and the motor vehicles manufacturers association. [1996 c
186 § 518; 1991 c 199 § 212.]
70.120.901 Captions not law—1989 c 240. Section
headings as used in this act do not constitute any part of law.
[1989 c 240 § 11.]
70.120.902
70.120.902 Effective date—1989 c 240. This act shall
take effect January 1, 1990. [1989 c 240 § 14.]
Chapter 70.120A RCW
MOTOR VEHICLE EMISSION STANDARDS
Chapter 70.120A
Sections
70.120A.010 Department of ecology to adopt rules to implement California motor vehicle emission standards—Limitations—
Advisory group—Exemptions.
70.120A.020 Early credits and banking—Alternative means of compliance.
70.120A.030 Warranty repair service—Manufacturers, repair shops.
70.120A.040 Reports.
70.120A.010
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Finding—1991 c 199: See note following RCW 70.94.011.
(2006 Ed.)
70.120A.010 Department of ecology to adopt rules to
implement California motor vehicle emission standards—Limitations—Advisory group—Exemptions. (1)
[Title 70 RCW—page 397]
70.120A.020
Title 70 RCW: Public Health and Safety
Pursuant to the federal clean air act, the legislature adopts the
California motor vehicle emission standards in Title 13 of the
California Code of Regulations, effective January 1, 2005,
except as provided in this chapter. The department of ecology shall adopt rules to implement the emission standards of
the state of California for passenger cars, light duty trucks,
and medium duty passenger vehicles, and shall amend the
rules from time to time, to maintain consistency with the California motor vehicle emission standards and 42 U.S.C. Sec.
7507 (section 177 of the federal clean air act). Notwithstanding other provisions of this chapter, the department of ecology shall not adopt the zero emission vehicle program regulations contained in Title 13 section 1962 of the California
Code of Regulations effective January 1, 2005. During rule
development, the department of ecology shall convene an
advisory group composed of industry and consumer group
representatives. Any proposed rules or changes to rules shall
be subject to review and comment by the advisory group,
prior to rule adoption. The order of adoption for the rules
required in this section shall include the signature of the governor. The rules shall be effective only for those model years
for which the state of Oregon has adopted the California
motor vehicle emission standards. This section does not limit
the department of ecology’s authority to regulate motor vehicle emissions for any other class of vehicle.
(2) Motor vehicles with a model year equal to or later
than the first model year for which new vehicles sold to
Washington state residents are required to comply with California motor vehicle emission standards are exempt from
emission inspections under chapter 70.120 RCW. [2005 c
295 § 2.]
Findings—2005 c 295: "The legislature finds that:
(1) Motor vehicles are the largest source of air pollution in the state of
Washington, and motor vehicles contribute approximately fifty-seven percent of criteria air pollutant emissions, eighty percent of air toxics emissions,
and fifty-five percent of greenhouse gas emissions;
(2) Air pollution levels routinely measured in the state of Washington
continue to harm public health, the environment, and the economy. Air pollution causes or contributes to premature death, cancer, asthma, and heart
and lung disease. Over half of the state’s population suffers from one or
more medical conditions that make them very vulnerable to air pollution.
Air pollution increases pain and suffering for vulnerable individuals. Air
pollution imposes several hundred million dollars annually in added health
care costs for air pollution-associated death and illness, reducing the quality
of life and economic security of the citizens of Washington;
(3) Reductions of greenhouse gas emissions from transportation
sources are necessary, and it is equitable to seek such reductions because
reductions in greenhouse gas emissions have already been initiated in other
sectors such as power generation;
(4) Reductions in greenhouse gas emissions made under this act should
be credited toward any future federal, state, or regional comprehensive regulatory structure enacted to address reducing greenhouse gas emissions;
(5) Under the federal clean air act, the state of Washington has the
option to implement either federal motor vehicle emission standards or California motor vehicle emission standards for passenger cars, light duty
trucks, and medium duty passenger vehicles;
(6) Opting into the California motor vehicle standards will provide significant and necessary air quality benefits to residents of the state of Washington; and
(7) Adoption of the California motor vehicle standards will increase
consumer choices of cleaner vehicles, provide better warranties to consumers, and provide sufficient air quality benefit to allow additional business and
economic growth in the key airsheds of the state while maintaining conformance with federal air quality standards." [2005 c 295 § 1.]
Effective date—2005 c 295 §§ 1, 2, 7, and 11-13: "Sections 1, 2, 7, and
11 through 13 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
[Title 70 RCW—page 398]
existing public institutions, and take effect immediately [May 6, 2005]."
[2005 c 295 § 15.]
70.120A.020
70.120A.020 Early credits and banking—Alternative
means of compliance. (1) In recognition of the provisions of
the federal clean air act which require a minimum phase-in
period of three model years for adoption of California motor
vehicle emission standards, the implementing rules shall
include a system of early credits and banking for manufacturers for zero emission vehicles produced and sold earlier than
the implementation date for the standards in Washington.
Beginning with the model year in which the new standards
become effective, each manufacturer’s fleet of passenger cars
and light duty trucks delivered for sale in the state of Washington shall proportionately conform to the zero emission
vehicle requirements of Title 13 of the California Code of
Regulations, including early credit and banking provisions
set forth in Title 13 of the Code of California Regulations
using Washington specific vehicle numbers. A manufacturer
shall be given early Washington zero emission vehicle credits
proportionally equivalent to the zero emission vehicle credits
possessed by the requesting manufacturer for use in the state
of California on January 1st of the model year the California
standards become effective in Washington.
(2) In addition, an alternative means of compliance with
the requirements of subsection (1) of this section shall be created in the implementing rules provided for in RCW
70.120A.010. The alternative means of compliance shall
allow a manufacturer to earn Washington zero emission vehicle credits beginning with the 2005 model year. The alternative means of compliance shall be developed to be consistent
in concept with the alternative compliance systems developed for the states of Connecticut, New York, and Maine as
they adopted the zero emission vehicle provisions of the California motor vehicle standards and shall contain a Washington multiplier consistent with the multipliers in those systems. The implementing rules shall require timely notification by the manufacturer to the department of ecology of an
election to use the alternative means of compliance. [2005 c
295 § 3.]
Findings—2005 c 295: See note following RCW 70.120A.010.
70.120A.030
70.120A.030 Warranty repair service—Manufacturers, repair shops. Individual automobile manufacturers may
certify independent automobile repair shops to perform warranty service on the manufacturers’ vehicles. Upon certification of the independent automobile repair shops, the manufacturers shall compensate the repair shops at the same rate as
franchised dealers for covered warranty repair services.
[2005 c 295 § 4.]
Findings—2005 c 295: See note following RCW 70.120A.010.
70.120A.040
70.120A.040 Reports. The office of financial management shall provide an annual progress report to the appropriate committees of the legislature. The office of financial
management, in conjunction with the departments of licensing, revenue, and ecology, shall report on the availability of
vehicles meeting the standards, the progress of automobile
industries in meeting the requirements of the standards, and
any other matters relevant to the success of auto-related
(2006 Ed.)
Mill Tailings—Licensing and Perpetual Care
industries in implementing these requirements. [2005 c 295
§ 9.]
Findings—2005 c 295: See note following RCW 70.120A.010.
Chapter 70.121
Chapter 70.121 RCW
MILL TAILINGS—LICENSING AND
PERPETUAL CARE
Sections
70.121.010
70.121.020
70.121.030
70.121.040
70.121.050
70.121.060
70.121.070
70.121.080
70.121.090
70.121.100
70.121.110
70.121.120
70.121.130
70.121.140
70.121.150
70.121.900
70.121.905
70.121.910
Legislative findings.
Definitions.
Licenses—Renewal—Hearings.
Facility operations and decommissioning—Monitoring.
Radiation perpetual maintenance fund—Licensee contributions—Disposition.
State authority to acquire property for surveillance sites.
Status of acquired state property for surveillance sites.
Payment for transferred sites for surveillance.
Authority for on-site inspections and monitoring.
Licensees’ bond requirements.
Acceptable bonds.
Forfeited bonds—Use of fund.
Exemptions from bonding requirements.
Amounts owed to state—Lien created.
Amounts owed to the state—Collection by attorney general.
Construction.
Short title.
Severability—1979 ex.s. c 110.
Nuclear energy and radiation: Chapter 70.98 RCW.
Radioactive waste storage and transportation act of 1980: Chapter 70.99
RCW.
70.121.010
70.121.010 Legislative findings. The legislature finds
that:
(1) The milling of uranium and thorium creates potential
hazards to the health of the citizens of the state of Washington in that potentially hazardous radioactive isotopes, decay
products of uranium and thorium, naturally occurring in relatively dispersed geologic formations, are brought to one location on the surface and pulverized in the process of mining
and milling uranium and thorium.
(2) These radioactive isotopes, in addition to creating a
field of gamma radiation in the vicinity of the tailings area,
also exude potentially hazardous radioactive gas and particulates into the atmosphere from the tailings areas, and contaminate the milling facilities, thereby creating hazards which
will be present for many generations.
(3) The public health and welfare of the citizens
demands that the state assure that the public health be protected by requiring that: (a) Prior to the termination of any
radioactive materials license, all milling facilities and associated tailings piles will be decommissioned in such a manner
as to bring the potential public health hazard to a minimum;
and (b) such environmental radiation monitoring as is necessary to verify the status of decommissioned facilities will be
conducted. [1979 ex.s. c 110 § 1.]
Effective date—1979 ex.s. c 110: "This act shall take effect on January
1, 1980." [1979 ex.s. c 110 § 18.]
70.121.020
70.121.020 Definitions. Unless the context clearly
requires a different meaning, the definitions in this section
apply throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(2006 Ed.)
70.121.030
(3) "Site" means the restricted area as defined by the
United States nuclear regulatory commission.
(4) "Tailings" means the residue remaining after extraction of uranium or thorium from the ore whether or not the
residue is left in piles, but shall not include ore bodies nor ore
stock piles.
(5) "License" means a radioactive materials license
issued under chapter 70.98 RCW and the rules adopted under
chapter 70.98 RCW.
(6) "Termination of license" means the cancellation of
the license after permanent cessation of operations. Temporary interruptions or suspensions of production due to economic or other conditions are not a permanent cessation of
operations.
(7) "Milling" means grinding, cutting, working, or concentrating ore which has been extracted from the earth by
mechanical (conventional) or chemical (in situ) processes.
(8) "Obligor-licensee" means any person who obtains a
license to operate a uranium or thorium mill in the state of
Washington or any person who owns the property on which
the mill operates and who owes money to the state for the
licensing fee, for reclamation of the site, for perpetual surveillance and maintenance of the site, or for any other obligation owed the state under this chapter.
(9) "Statement of claim" means the document recorded
or filed pursuant to this chapter, which names an obligor-licensee, names the state as obligee, describes the obligation
owed to the state, and describes property owned by the obligor-licensee on which a lien will attach for the benefit of the
state, and which creates the lien when filed. [1991 c 3 § 372;
1987 c 184 § 1; 1982 c 78 § 1; 1979 ex.s. c 110 § 2.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.030
70.121.030 Licenses—Renewal—Hearings. (1) Any
person who proposes to operate a uranium or thorium mill
within the state of Washington after January 1, 1980, shall
obtain a license from the department to mill thorium and uranium. The period of the license shall be determined by the
secretary and shall be initially valid for not more than two
years and renewable thereafter for periods of not more than
five years. No license may be granted unless:
(a) The owner or operator of the mill submits to the
department a plan for reclamation and disposal of tailings and
for decommissioning the site that conforms to the criteria and
standards then in effect for the protection of the public safety
and health; and
(b) The owner of the mill agrees to transfer or revert to
the appropriate state or federal agency upon termination of
the license all lands, buildings, and grounds, and any interests
therein, necessary to fulfill the purposes of this chapter
except where the lands are held in trust for or are owned by
any Indian tribe.
(2) Any person operating a uranium or thorium mill on
January 1, 1980, shall, at the time of application for renewal
of his license to mill thorium or uranium, comply with the
following conditions for continued operation of the mill:
(a) The owner or operator of the mill shall submit to the
department a plan for reclamation and disposal of tailings and
for decommissioning the site that conforms to the criteria and
[Title 70 RCW—page 399]
70.121.040
Title 70 RCW: Public Health and Safety
standards then in effect for the protection of the public safety
and health; and
(b) The owner of the mill shall agree to transfer or revert
to the appropriate state or federal agency upon termination of
the license all lands, buildings, and grounds, and any interests
therein, necessary to fulfill the purposes of this chapter
except where the lands are held in trust for or are owned by
any Indian tribe.
(3) The department shall, after public notice and opportunity for written comment, hold a public hearing to consider
the adequacy of the proposed plan to protect the safety and
health of the public required by subsections (1) and (2) of this
section. The proceedings shall be recorded and transcribed.
The public hearing shall provide the opportunity for crossexamination by both the department and the person proposing the plan required under this section. The department shall
make a written determination as to the licensing of the mill
which is based upon the findings included in the determination and upon the evidence presented during the public comment period. The determination is subject to judicial review.
If a declaration of nonsignificance is issued for a license
renewal application under rules adopted under chapter
43.21C RCW, the public hearing is not required.
(4) The department shall set a schedule of license and
amendment fees predicated on the cost of reviewing the
license application and of monitoring for compliance with the
conditions of the license. A permit for construction of a uranium or thorium mill may be granted by the secretary prior to
licensing. [1979 ex.s. c 110 § 3.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.040
70.121.040 Facility operations and decommissioning—Monitoring. The secretary or his representative shall
monitor the operations of the mill for compliance with the
conditions of the license by the owner or operator. The mill
owner or operator shall be responsible for compliance, both
during the lifetime of the facility and at shutdown, including
but not limited to such requirements as fencing and posting
the site; contouring, covering, and stabilizing the pile; and for
decommissioning the facility. [1979 ex.s. c 110 § 4.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.050
70.121.050 Radiation perpetual maintenance fund—
Licensee contributions—Disposition. On a quarterly basis
on and after January 1, 1980, there shall be levied and the
department shall collect a charge of five cents per pound on
each pound of uranium or thorium compound milled out of
the raw ore. All moneys paid to the department from these
charges shall be deposited in a special security fund in the
treasury of the state of Washington to be known as the "radiation perpetual maintenance fund". This security fund shall
be used by the department when a licensee has ceased to
operate and the site may still contain, or have associated with
the site at which the licensed activity was conducted in spite
of full compliance with RCW 70.121.030, radioactive material which will require further maintenance, surveillance, or
other care. If, with respect to a licensee, the department determines that the estimated total of these charges will be less
than or greater than that required to defray the estimated cost
[Title 70 RCW—page 400]
of administration of this responsibility, the department may
prescribe such an increased or decreased charge as is considered necessary for this purpose. If, at termination of the
license, the department determines that by the applicable
standards and practices then in effect, the charges which have
been collected from the licensee and earnings generated
therefrom are in excess of the amount required to defray the
cost of this responsibility, the department may refund the
excess portion to the licensee. If, at termination of the license
or cessation of operation, the department determines, by the
applicable standards and practices then in effect, that the
charges which have been collected from the licensee and
earnings generated therefrom are together insufficient to
defray the cost of this responsibility, the department may collect the excess portion from the licensee.
Moneys in the radiation perpetual maintenance fund
shall be invested by the state investment board in the manner
as other state moneys. [1987 c 184 § 2; 1979 ex.s. c 110 § 5.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.060
70.121.060 State authority to acquire property for
surveillance sites. In order to provide for the proper care and
surveillance of sites under RCW 70.121.050, the state may
acquire by gift or transfer from any government agency, corporation, partnership, or person, all lands, buildings, and
grounds necessary to fulfill the purposes of this chapter. Any
such gift or transfer shall be subject to approval by the department. In exercising the authority of this section, the department shall take into consideration the status of the ownership
of the land and interests therein and the ability of the licensee
to transfer title and custody thereof to the state. [1979 ex.s. c
110 § 6.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.070
70.121.070 Status of acquired state property for surveillance sites. Recognizing the uncertainty of the existence
of a person or corporation in perpetuity, and recognizing that
ultimate responsibility to protect the public health and safety
must be reposed in a solvent government, without regard to
the existence of any particular agency or department thereof,
all lands, buildings, and grounds acquired by the state under
RCW 70.121.060 shall be owned in fee simple by the state
and dedicated in perpetuity to the purposes stated in RCW
70.121.060. All radioactive material received at a site and
located therein at the time of acquisition of ownership by the
state shall become the property of the state. [1979 ex.s. c 110
§ 7.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.080
70.121.080 Payment for transferred sites for surveillance. If a person licensed by any governmental agency
other than the state or if any other governmental agency
desires to transfer a site to the state for the purpose of administering or providing perpetual care, a lump sum payment
shall be made to the radiation perpetual maintenance fund.
The amount of the deposit shall be determined by the department taking into consideration the factors stated in RCW
70.121.050. [1979 ex.s. c 110 § 8.]
(2006 Ed.)
Mill Tailings—Licensing and Perpetual Care
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.090
70.121.090 Authority for on-site inspections and
monitoring. Each licensee under this chapter, as a condition
of his license, shall submit to whatever reasonable on-site
inspections and on-site monitoring as required in order for
the department to carry out its responsibilities and duties
under this chapter. Such on-site inspections and monitoring
shall be conducted without the necessity of any further
approval or any permit or warrant therefor. [1979 ex.s. c 110
§ 9.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.100
70.121.100 Licensees’ bond requirements. The secretary or the secretary’s duly authorized representative shall
require the posting of a bond by licensees to be used exclusively to provide funds in the event of abandonment, default,
or other inability of the licensee to meet the requirements of
the department. The secretary may establish bonding requirements by classes of licensees and by range of monetary
amounts. In establishing these requirements, the secretary
shall consider the potential for contamination, injury, cost of
disposal, and reclamation of the property. The amount of the
bond shall be sufficient to pay the costs of reclamation and
perpetual maintenance. [1987 c 184 § 5; 1979 ex.s. c 110 §
10.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.910
70.121.140 Amounts owed to state—Lien created. If
a licensee fails to pay the department within a reasonable
time money owed to the state under this chapter, the obligation owed to the state shall constitute a lien on all property,
both real and personal, owned by the obligor-licensee when
the department records or files, pursuant to this section, a
statement of claim against the obligor-licensee. The statement of claim against the obligor-licensee shall name the
obligor-licensee, name the state as obligee, describe the obligation, and describe the property to be held in security for the
obligation.
Statements of claim creating a lien on real property, fixtures, timber, agricultural products, oil, gas, or minerals shall
be recorded with the county auditor in each county where the
property is located. Statements of claim creating a lien in personal property, whether tangible or intangible, shall be filed
with the department of licensing.
A lien recorded or filed pursuant to this section has priority over any lien, interest, or other encumbrance previously
or thereafter recorded or filed concerning any property
described in the statement of claim, to the extent allowed by
federal law.
A lien created pursuant to this section shall continue in
force until extinguished by foreclosure or bankruptcy proceedings or until a release of the lien signed by the secretary
is recorded or filed in the place where the statement of claim
was recorded or filed. The secretary shall sign and record or
file a release only after the obligation owed to the state under
this chapter, together with accrued interest and costs of collection has been paid. [1987 c 184 § 3.]
70.121.140
70.121.150
70.121.110
70.121.110 Acceptable bonds. A bond shall be
accepted by the department if it is a bond issued by a fidelity
or surety company admitted to do business in the state of
Washington and the fidelity or surety company is found by
the state finance commission to be financially secure at
licensing and licensing renewals, if it is a personal bond
secured by such collateral as the secretary deems satisfactory
and in accordance with RCW 70.121.100, or if it is a cash
bond. [1987 c 184 § 6; 1979 ex.s. c 110 § 11.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.120
70.121.120 Forfeited bonds—Use of fund. All bonds
forfeited shall be paid to the department for deposit in the
radiation perpetual maintenance fund. All moneys in this
fund may only be expended by the department as necessary
for the protection of the public health and safety and shall not
be used for normal operating expenses of the department.
[1979 ex.s. c 110 § 12.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.150 Amounts owed to the state—Collection
by attorney general. The attorney general shall use all
available methods of obtaining funds owed to the state under
this chapter. The attorney general shall foreclose on liens
made pursuant to this section, obtain judgments against obligor-licensees and pursue assets of the obligor-licensees found
outside the state, consider pursuing the assets of parent corporations and shareholders where an obligor-licensee corporation is an underfinanced corporation, and pursue any other
legal remedy available. [1987 c 184 § 4.]
70.121.900
70.121.900 Construction. This chapter is cumulative
and not exclusive, and no part of this chapter shall be construed to repeal any existing law specifically enacted for the
protection of the public health and safety. [1979 ex.s. c 110
§ 14.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.905
70.121.905 Short title. This chapter may be known as
the "Mill Tailings Licensing and Perpetual Care Act of
1979". [1979 ex.s. c 110 § 15.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
70.121.130
70.121.130 Exemptions from bonding requirements.
All state, local, or other governmental agencies, or subdivisions thereof, are exempt from the bonding requirements of
this chapter. [1987 c 184 § 7; 1979 ex.s. c 110 § 13.]
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
(2006 Ed.)
70.121.910 Severability—1979 ex.s. c 110. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 110 § 16.]
70.121.910
[Title 70 RCW—page 401]
Chapter 70.122
Title 70 RCW: Public Health and Safety
Effective date—1979 ex.s. c 110: See note following RCW
70.121.010.
Chapter 70.122
Chapter 70.122 RCW
NATURAL DEATH ACT
Sections
70.122.010
70.122.020
70.122.030
70.122.040
70.122.051
70.122.060
70.122.070
70.122.080
70.122.090
70.122.100
70.122.110
70.122.120
70.122.130
70.122.140
70.122.900
70.122.905
70.122.910
70.122.915
70.122.920
Legislative findings.
Definitions.
Directive to withhold or withdraw life-sustaining treatment.
Revocation of directive.
Liability of health care provider.
Procedures by physician—Health care facility or personnel
may refuse to participate.
Effects of carrying out directive—Insurance.
Effects of carrying out directive on cause of death.
Criminal conduct—Penalties.
Mercy killing or physician-assisted suicide not authorized.
Discharge so that patient may die at home.
Directive’s validity assumed.
Health care declarations registry—Rules—Report.
Health care declarations registry account.
Short title—1979 c 112.
Severability—1979 c 112.
Construction.
Application—1992 c 98.
Severability—1992 c 98.
Futile treatment and emergency medical personnel: RCW 43.70.480.
70.122.010
70.122.010 Legislative findings. The legislature finds
that adult persons have the fundamental right to control the
decisions relating to the rendering of their own health care,
including the decision to have life-sustaining treatment withheld or withdrawn in instances of a terminal condition or permanent unconscious condition.
The legislature further finds that modern medical technology has made possible the artificial prolongation of
human life beyond natural limits.
The legislature further finds that, in the interest of protecting individual autonomy, such prolongation of the process of dying for persons with a terminal condition or permanent unconscious condition may cause loss of patient dignity,
and unnecessary pain and suffering, while providing nothing
medically necessary or beneficial to the patient. The legislature further believes that physicians and nurses should not
withhold or unreasonably diminish pain medication for
patients in a terminal condition where the primary intent of
providing such medication is to alleviate pain and maintain or
increase the patient’s comfort.
The legislature further finds that there exists considerable uncertainty in the medical and legal professions as to the
legality of terminating the use or application of life-sustaining treatment where the patient having the capacity to make
health care decisions has voluntarily evidenced a desire that
such treatment be withheld or withdrawn.
In recognition of the dignity and privacy which patients
have a right to expect, the legislature hereby declares that the
laws of the state of Washington shall recognize the right of an
adult person to make a written directive instructing such person’s physician to withhold or withdraw life-sustaining treatment in the event of a terminal condition or permanent
unconscious condition. The legislature also recognizes that a
person’s right to control his or her health care may be exercised by an authorized representative who validly holds the
person’s durable power of attorney for health care. [1992 c
98 § 1; 1979 c 112 § 2.]
[Title 70 RCW—page 402]
70.122.020
70.122.020 Definitions. Unless the context clearly
requires otherwise, the definitions contained in this section
shall apply throughout this chapter.
(1) "Adult person" means a person who has attained the
age of majority as defined in RCW 26.28.010 and 26.28.015,
and who has the capacity to make health care decisions.
(2) "Attending physician" means the physician selected
by, or assigned to, the patient who has primary responsibility
for the treatment and care of the patient.
(3) "Directive" means a written document voluntarily
executed by the declarer generally consistent with the guidelines of RCW 70.122.030.
(4) "Health facility" means a hospital as defined in
*RCW 70.41.020(2) or a nursing home as defined in RCW
18.51.010, a home health agency or hospice agency as
defined in RCW 70.126.010, or a boarding home as defined
in RCW 18.20.020.
(5) "Life-sustaining treatment" means any medical or
surgical intervention that uses mechanical or other artificial
means, including artificially provided nutrition and hydration, to sustain, restore, or replace a vital function, which,
when applied to a qualified patient, would serve only to prolong the process of dying. "Life-sustaining treatment" shall
not include the administration of medication or the performance of any medical or surgical intervention deemed necessary solely to alleviate pain.
(6) "Permanent unconscious condition" means an incurable and irreversible condition in which the patient is medically assessed within reasonable medical judgment as having
no reasonable probability of recovery from an irreversible
coma or a persistent vegetative state.
(7) "Physician" means a person licensed under chapters
18.71 or 18.57 RCW.
(8) "Qualified patient" means an adult person who is a
patient diagnosed in writing to have a terminal condition by
the patient’s attending physician, who has personally examined the patient, or a patient who is diagnosed in writing to be
in a permanent unconscious condition in accordance with
accepted medical standards by two physicians, one of whom
is the patient’s attending physician, and both of whom have
personally examined the patient.
(9) "Terminal condition" means an incurable and irreversible condition caused by injury, disease, or illness, that,
within reasonable medical judgment, will cause death within
a reasonable period of time in accordance with accepted medical standards, and where the application of life-sustaining
treatment serves only to prolong the process of dying. [1992
c 98 § 2; 1979 c 112 § 3.]
*Reviser’s note: RCW 70.41.020 was amended by 2002 c 116 § 2,
changing subsection (2) to subsection (4).
70.122.030
70.122.030 Directive to withhold or withdraw lifesustaining treatment. (1) Any adult person may execute a
directive directing the withholding or withdrawal of life-sustaining treatment in a terminal condition or permanent unconscious condition. The directive shall be signed by the declarer
in the presence of two witnesses not related to the declarer by
blood or marriage and who would not be entitled to any portion of the estate of the declarer upon declarer’s decease
under any will of the declarer or codicil thereto then existing
or, at the time of the directive, by operation of law then exist(2006 Ed.)
Natural Death Act
ing. In addition, a witness to a directive shall not be the
attending physician, an employee of the attending physician
or a health facility in which the declarer is a patient, or any
person who has a claim against any portion of the estate of the
declarer upon declarer’s decease at the time of the execution
of the directive. The directive, or a copy thereof, shall be
made part of the patient’s medical records retained by the
attending physician, a copy of which shall be forwarded by
the custodian of the records to the health facility when the
withholding or withdrawal of life-support treatment is contemplated. The directive may be in the following form, but in
addition may include other specific directions:
any time and that any changes shall be consistent with Washington state law or federal constitutional law to be legally
valid.
(g) It is my wish that every part of this directive be fully
implemented. If for any reason any part is held invalid it is
my wish that the remainder of my directive be implemented.
Signed . . . . . . . . . . . . . . .
City, County, and State of Residence
The declarer has been personally known to me and I believe
him or her to be capable of making health care decisions.
Witness . . . . . . . . . . . . . .
Witness . . . . . . . . . . . . . .
Health Care Directive
Directive made this . . . . day of . . . . . . (month, year).
I . . . . . ., having the capacity to make health care decisions, willfully, and voluntarily make known my desire that
my dying shall not be artificially prolonged under the circumstances set forth below, and do hereby declare that:
(a) If at any time I should be diagnosed in writing to be
in a terminal condition by the attending physician, or in a permanent unconscious condition by two physicians, and where
the application of life-sustaining treatment would serve only
to artificially prolong the process of my dying, I direct that
such treatment be withheld or withdrawn, and that I be permitted to die naturally. I understand by using this form that a
terminal condition means an incurable and irreversible condition caused by injury, disease, or illness, that would within
reasonable medical judgment cause death within a reasonable
period of time in accordance with accepted medical standards, and where the application of life-sustaining treatment
would serve only to prolong the process of dying. I further
understand in using this form that a permanent unconscious
condition means an incurable and irreversible condition in
which I am medically assessed within reasonable medical
judgment as having no reasonable probability of recovery
from an irreversible coma or a persistent vegetative state.
(b) In the absence of my ability to give directions regarding the use of such life-sustaining treatment, it is my intention
that this directive shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and I accept the consequences of
such refusal. If another person is appointed to make these
decisions for me, whether through a durable power of attorney or otherwise, I request that the person be guided by this
directive and any other clear expressions of my desires.
(c) If I am diagnosed to be in a terminal condition or in a
permanent unconscious condition (check one):
I DO want to have artificially provided nutrition and
hydration.
I DO NOT want to have artificially provided nutrition
and hydration.
(d) If I have been diagnosed as pregnant and that diagnosis is known to my physician, this directive shall have no
force or effect during the course of my pregnancy.
(e) I understand the full import of this directive and I am
emotionally and mentally capable to make the health care
decisions contained in this directive.
(f) I understand that before I sign this directive, I can add
to or delete from or otherwise change the wording of this
directive and that I may add to or delete from this directive at
(2006 Ed.)
70.122.040
(2) Prior to withholding or withdrawing life-sustaining
treatment, the diagnosis of a terminal condition by the attending physician or the diagnosis of a permanent unconscious
state by two physicians shall be entered in writing and made
a permanent part of the patient’s medical records.
(3) A directive executed in another political jurisdiction
is valid to the extent permitted by Washington state law and
federal constitutional law. [1992 c 98 § 3; 1979 c 112 § 4.]
70.122.040
70.122.040 Revocation of directive. (1) A directive
may be revoked at any time by the declarer, without regard to
the declarer’s mental state or competency, by any of the following methods:
(a) By being canceled, defaced, obliterated, burned, torn,
or otherwise destroyed by the declarer or by some person in
the declarer’s presence and by the declarer’s direction.
(b) By a written revocation of the declarer expressing his
or her intent to revoke, signed, and dated by the declarer.
Such revocation shall become effective only upon communication to the attending physician by the declarer or by a person acting on behalf of the declarer. The attending physician
shall record in the patient’s medical record the time and date
when the physician received notification of the written revocation.
(c) By a verbal expression by the declarer of his or her
intent to revoke the directive. Such revocation shall become
effective only upon communication to the attending physician by the declarer or by a person acting on behalf of the
declarer. The attending physician shall record in the patient’s
medical record the time, date, and place of the revocation and
the time, date, and place, if different, of when the physician
received notification of the revocation.
(d) In the case of a directive that is stored in the health
care declarations registry under RCW 70.122.130, by an
online method established by the department of health. Failure to use this method of revocation for a directive that is
stored in the registry does not invalidate a revocation that is
made by another method described under this section.
(2) There shall be no criminal or civil liability on the part
of any person for failure to act upon a revocation made pursuant to this section unless that person has actual or constructive knowledge of the revocation except as provided in RCW
70.122.051(4).
(3) If the declarer becomes comatose or is rendered incapable of communicating with the attending physician, the
directive shall remain in effect for the duration of the comatose condition or until such time as the declarer’s condition
[Title 70 RCW—page 403]
70.122.051
Title 70 RCW: Public Health and Safety
renders the declarer able to communicate with the attending
physician. [2006 c 108 § 4; 1979 c 112 § 5.]
Finding—Intent—2006 c 108: See note following RCW 70.122.130.
70.122.051
70.122.051 Liability of health care provider. (1) For
the purposes of this section, "provider" means a physician,
advanced registered nurse practitioner, health care provider
acting under the direction of a physician or an advanced registered nurse practitioner, or health care facility, as defined in
this chapter or in chapter 71.32 RCW, and its personnel.
(2) Any provider who participates in good faith in the
withholding or withdrawal of life-sustaining treatment from a
qualified patient in accordance with the requirements of this
chapter, shall be immune from legal liability, including civil,
criminal, or professional conduct sanctions, unless otherwise
negligent.
(3) The establishment of a health care declarations registry does not create any new or distinct obligation for a provider to determine whether a patient has a health care declaration.
(4) A provider is not subject to civil or criminal liability
or sanctions for unprofessional conduct under the uniform
disciplinary act, chapter 18.130 RCW, when in good faith
and without negligence:
(a) The provider provides, does not provide, withdraws,
or withholds treatment to a patient in the absence of actual
knowledge of the existence of a health care declaration stored
in the health care declarations registry established in RCW
70.122.130;
(b) The provider provides, does not provide, withdraws,
or withholds treatment pursuant to a health care declaration
stored in the health care declarations registry established in
RCW 70.122.130 in the absence of actual knowledge of the
revocation of the declaration;
(c) The provider provides, does not provide, withdraws,
or withholds treatment according to a health care declaration
stored in the health care declarations registry established in
RCW 70.122.130 in good faith reliance upon the validity of
the health care declaration and the declaration is subsequently found to be invalid; or
(d) The provider provides, does not provide, withdraws,
or withholds treatment according to the patient’s health care
declaration stored in the health care declarations registry
established in RCW 70.122.130.
(5) Except for acts of gross negligence, willful misconduct, or intentional wrongdoing, the department of health is
not subject to civil liability for any claims or demands arising
out of the administration or operation of the health care declarations registry established in RCW 70.122.130. [2006 c
108 § 6; 1992 c 98 § 5.]
Finding—Intent—2006 c 108: See note following RCW 70.122.130.
70.122.060
70.122.060 Procedures by physician—Health care
facility or personnel may refuse to participate. (1) Prior to
the withholding or withdrawal of life-sustaining treatment
from a qualified patient pursuant to the directive, the attending physician shall make a reasonable effort to determine that
the directive complies with RCW 70.122.030 and, if the
patient is capable of making health care decisions, that the
directive and all steps proposed by the attending physician to
[Title 70 RCW—page 404]
be undertaken are currently in accord with the desires of the
qualified patient.
(2) The attending physician or health facility shall
inform a patient or patient’s authorized representative of the
existence of any policy or practice that would preclude the
honoring of the patient’s directive at the time the physician or
facility becomes aware of the existence of such a directive. If
the patient, after being informed of such policy or directive,
chooses to retain the physician or facility, the physician or
facility with the patient or the patient’s representative shall
prepare a written plan to be filed with the patient’s directive
that sets forth the physician’s or facilities’ intended actions
should the patient’s medical status change so that the directive would become operative. The physician or facility under
this subsection has no obligation to honor the patient’s directive if they have complied with the requirements of this subsection, including compliance with the written plan required
under this subsection.
(3) The directive shall be conclusively presumed, unless
revoked, to be the directions of the patient regarding the withholding or withdrawal of life-sustaining treatment. No physician, health facility, or health personnel acting in good faith
with the directive or in accordance with the written plan in
subsection (2) of this section shall be criminally or civilly liable for failing to effectuate the directive of the qualified
patient pursuant to this subsection.
(4) No nurse, physician, or other health care practitioner
may be required by law or contract in any circumstances to
participate in the withholding or withdrawal of life-sustaining
treatment if such person objects to so doing. No person may
be discriminated against in employment or professional privileges because of the person’s participation or refusal to participate in the withholding or withdrawal of life-sustaining
treatment. [1992 c 98 § 6; 1979 c 112 § 7.]
70.122.070
70.122.070 Effects of carrying out directive—Insurance. (1) The withholding or withdrawal of life-sustaining
treatment from a qualified patient pursuant to the patient’s
directive in accordance with the provisions of this chapter
shall not, for any purpose, constitute a suicide or a homicide.
(2) The making of a directive pursuant to RCW
70.122.030 shall not restrict, inhibit, or impair in any manner
the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall
be legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an
insured qualified patient, notwithstanding any term of the
policy to the contrary.
(3) No physician, health facility, or other health provider, and no health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or
nonprofit hospital service plan, shall require any person to
execute a directive as a condition for being insured for, or
receiving, health care services. [1992 c 98 § 7; 1979 c 112 §
8.]
70.122.080
70.122.080 Effects of carrying out directive on cause
of death. The act of withholding or withdrawing life-sustaining treatment, when done pursuant to a directive described in
(2006 Ed.)
Natural Death Act
RCW 70.122.030 and which results in the death of the
declarer, shall not be construed to be an intervening force or
to affect the chain of proximate cause between the conduct of
anyone that placed the declarer in a terminal condition or a
permanent unconscious condition and the death of the
declarer. [1992 c 98 § 8; 1979 c 112 § 10.]
70.122.090
70.122.090 Criminal conduct—Penalties. (1) Any
person who willfully conceals, cancels, defaces, obliterates,
or damages the directive of another without such declarer’s
consent is guilty of a gross misdemeanor.
(2) Any person who falsifies or forges the directive of
another, or willfully conceals or withholds personal knowledge of a revocation as provided in RCW 70.122.040 with the
intent to cause a withholding or withdrawal of life-sustaining
treatment contrary to the wishes of the declarer, and thereby,
because of any such act, directly causes life-sustaining treatment to be withheld or withdrawn and death to thereby be
hastened, shall be subject to prosecution for murder in the
first degree as defined in RCW 9A.32.030. [2003 c 53 § 362;
1992 c 98 § 9; 1979 c 112 § 9.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
70.122.100
70.122.100 Mercy killing or physician-assisted suicide not authorized. Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or
physician-assisted suicide, or to permit any affirmative or
deliberate act or omission to end life other than to permit the
natural process of dying. [1992 c 98 § 10; 1979 c 112 § 11.]
70.122.110
70.122.110 Discharge so that patient may die at
home. If a qualified patient capable of making health care
decisions indicates that he or she wishes to die at home, the
patient shall be discharged as soon as reasonably possible.
The health care provider or facility has an obligation to
explain the medical risks of an immediate discharge to the
qualified patient. If the provider or facility complies with the
obligation to explain the medical risks of an immediate discharge to a qualified patient, there shall be no civil or criminal liability for claims arising from such discharge. [1992 c
98 § 4.]
70.122.120
70.122.120 Directive’s validity assumed. Any person
or health facility may assume that a directive complies with
this chapter and is valid. [1992 c 98 § 12.]
70.122.130
70.122.130 Health care declarations registry—
Rules—Report. (1) The department of health shall establish
and maintain a statewide health care declarations registry
containing the health care declarations identified in subsection (2) of this section as submitted by residents of Washington. The department shall digitally reproduce and store
health care declarations in the registry. The department may
establish standards for individuals to submit digitally reproduced health care declarations directly to the registry, but is
not required to review the health care declarations that it
receives to ensure they comply with the particular statutory
requirements applicable to the document. The department
(2006 Ed.)
70.122.130
may contract with an organization that meets the standards
identified in this section.
(2)(a) An individual may submit any of the following
health care declarations to the department of health to be digitally reproduced and stored in the registry:
(i) A directive, as defined by this chapter;
(ii) A durable power of attorney for health care, as authorized in chapter 11.94 RCW;
(iii) A mental health advance directive, as defined by
chapter 71.32 RCW; or
(iv) A form adopted pursuant to the department of
health’s authority in RCW 43.70.480.
(b) Failure to submit a health care declaration to the
department of health does not affect the validity of the declaration.
(c) Failure to notify the department of health of a valid
revocation of a health care declaration does not affect the
validity of the revocation.
(d) The entry of a health care directive in the registry
under this section does not:
(i) Affect the validity of the document;
(ii) Take the place of any requirements in law necessary
to make the submitted document legal; or
(iii) Create a presumption regarding the validity of the
document.
(3) The department of health shall prescribe a procedure
for an individual to revoke a health care declaration contained
in the registry.
(4) The registry must:
(a) Be maintained in a secure data base that is accessible
through a web site maintained by the department of health;
(b) Send annual electronic messages to individuals that
have submitted health care declarations to request that they
review the registry materials to ensure that it is current;
(c) Provide individuals who have submitted one or more
health care declarations with access to their documents and
the ability to revoke their documents at all times; and
(d) Provide the personal representatives of individuals
who have submitted one or more health care declarations to
the registry, attending physicians, advanced registered nurse
practitioners, health care providers licensed by a disciplining
authority identified in RCW 18.130.040 who is acting under
the direction of a physician or an advanced registered nurse
practitioner, and health care facilities, as defined in this chapter or in chapter 71.32 RCW, access to the registry at all
times.
(5) In designing the registry and web site, the department
of health shall ensure compliance with state and federal
requirements related to patient confidentiality.
(6) The department shall provide information to health
care providers and health care facilities on the registry web
site regarding the different federal and Washington state
requirements to ascertain and document whether a patient has
an advance directive.
(7) The department of health may accept donations,
grants, gifts, or other forms of voluntary contributions to support activities related to the creation and maintenance of the
health care declarations registry and statewide public education campaigns related to the existence of the registry. All
funds received shall be transferred to the health care declarations registry account, created in RCW 70.122.140.
[Title 70 RCW—page 405]
70.122.140
Title 70 RCW: Public Health and Safety
(8) The department of health may adopt rules as necessary to implement chapter 108, Laws of 2006.
(9) By December 1, 2008, the department shall report to
the house and senate committees on health care the following
information:
(a) Number of participants in the registry;
(b) Number of health care declarations submitted by type
of declaration as defined in this section;
(c) Number of health care declarations revoked and the
method of revocation;
(d) Number of providers and facilities, by type, that have
been provided access to the registry;
(e) Actual costs of operation of the registry;
(f) Donations received by the department for deposit into
the health care declarations registry account, created in RCW
70.122.140 by type of donor. [2006 c 108 § 2.]
Finding—Intent—2006 c 108: "The legislature finds that effective
communication between patients, their families, and their caregivers regarding their wishes if they become incapacitated results in health care decisions
that are more respectful of patients’ desires. Whether the communication is
for end-of-life planning or incapacity resulting from mental illness, the state
must respect those wishes and support efforts to facilitate such communications and to make that information available when it is needed.
It is the intent of the legislature to establish an electronic registry to
improve access to health care decision-making documents. The registry
would support, not supplant, the current systems for advance directives and
mental health advance directives by improving access to these documents. It
is the legislature’s intent that the registry would be consulted by health care
providers in every instance where there may be a question about the patient’s
wishes for periods of incapacity and the existence of a document that may
clarify a patient’s intentions unless the circumstances are such that consulting the registry would compromise the emergency care of the patient."
[2006 c 108 § 1.]
70.122.140
70.122.140 Health care declarations registry
account. The health care declarations registry account is created in the state treasury. All receipts from donations made
under RCW 70.122.130, and other contributions and appropriations specifically made for the purposes of creating and
maintaining the registry established by RCW 70.122.130 and
statewide public education campaigns related to the existence
of the registry, shall be deposited into the account. Moneys
in the account may be spent only after appropriation. Expenditures from the account may be used only for purposes of the
health care declarations registry. [2006 c 108 § 3.]
Finding—Intent—2006 c 108: See note following RCW 70.122.130.
70.122.900
70.122.900 Short title—1979 c 112. This act shall be
known and may be cited as the "Natural Death Act". [1979 c
112 § 1.]
70.122.905
70.122.905 Severability—1979 c 112. If any provision
of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the act which can be given effect
without the invalid provisions or application, and to this end
the provisions of this act are severable. [1979 c 112 § 13.]
70.122.910
70.122.910 Construction. This chapter shall not be
construed as providing the exclusive means by which individuals may make decisions regarding their health treatment,
including but not limited to, the withholding or withdrawal of
life-sustaining treatment, nor limiting the means provided by
[Title 70 RCW—page 406]
case law more expansive than chapter 98, Laws of 1992.
[1992 c 98 § 11.]
70.122.915
70.122.915 Application—1992 c 98. A directive executed anytime before June 11, 1992, which generally complies with chapter 98, Laws of 1992 is effective under chapter
98, Laws of 1992. [1992 c 98 § 13.]
70.122.920
70.122.920 Severability—1992 c 98. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1992 c 98 § 17.]
Chapter 70.123
Chapter 70.123 RCW
SHELTERS FOR VICTIMS OF
DOMESTIC VIOLENCE
Sections
70.123.010
70.123.020
70.123.030
70.123.040
70.123.050
70.123.070
70.123.075
70.123.076
70.123.080
70.123.090
70.123.100
70.123.110
70.123.120
70.123.130
70.123.140
70.123.150
70.123.900
Legislative findings.
Definitions.
Departmental duties and responsibilities.
Minimum standards to provide basic survival needs.
Contracts with nonprofit organizations—Purposes.
Duties and responsibilities of shelters.
Client records.
Disclosure of recipient information.
Department to consult.
Contracts for shelter services.
Funding for shelters.
Assistance to families in shelters.
Liability for withholding services.
Technical assistance grant program—Local communities.
Technical assistance grant for county plans.
Domestic violence prevention account.
Severability—1979 ex.s. c 245.
Domestic violence—Official response: Chapter 10.99 RCW.
Domestic violence prevention: Chapter 26.50 RCW.
Donations of surplus state property: RCW 43.19.1920.
Public records: Chapter 42.56 RCW.
70.123.010
70.123.010 Legislative findings. The legislature finds
that domestic violence is an issue of growing concern at all
levels of government and that there is a present and growing
need to develop innovative strategies and services which will
ameliorate and reduce the trauma of domestic violence.
Research findings show that domestic violence constitutes a
significant percentage of homicides, aggravated assaults, and
assaults and batteries in the United States. Domestic violence
is a disruptive influence on personal and community life and
is often interrelated with a number of other family problems
and stresses. Shelters for victims of domestic violence are
essential to provide protection to victims from further abuse
and physical harm and to help the victim find long-range
alternative living situations, if requested. Shelters provide
safety, refuge, advocacy, and helping resources to victims
who may not have access to such things if they remain in abusive situations.
The legislature therefore recognizes the need for the
statewide development and expansion of shelters for victims
of domestic violence. [1979 ex.s. c 245 § 1.]
(2006 Ed.)
Shelters for Victims of Domestic Violence
70.123.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Shelter" means a place of temporary refuge, offered
on a twenty-four hour, seven day per week basis to victims of
domestic violence and their children.
(2) "Domestic violence" is a categorization of offenses,
as defined in RCW 10.99.020, committed by one cohabitant
against another.
(3) "Department" means the department of social and
health services.
(4) "Victim" means a cohabitant who has been subjected
to domestic violence.
(5) "Cohabitant" means a person who is married or who
is cohabiting with a person of the opposite sex like husband
and wife at the present or at sometime in the past. Any person
who has one or more children in common with another person, regardless of whether they have been married or lived
together at any time, shall be treated as a cohabitant.
(6) "Community advocate" means a person employed by
a local domestic violence program to provide ongoing assistance to victims of domestic violence in assessing safety
needs, documenting the incidents and the extent of violence
for possible use in the legal system, making appropriate
social service referrals, and developing protocols and maintaining ongoing contacts necessary for local systems coordination.
(7) "Domestic violence program" means an agency that
provides shelter, advocacy, and counseling for domestic violence victims in a supportive environment.
(8) "Legal advocate" means a person employed by a
domestic violence program or court system to advocate for
victims of domestic violence, within the criminal and civil
justice systems, by attending court proceedings, assisting in
document and case preparation, and ensuring linkage with the
community advocate.
(9) "Secretary" means the secretary of the department of
social and health services or the secretary’s designee. [1991
c 301 § 9; 1979 ex.s. c 245 § 2.]
70.123.020
Finding—1991 c 301: See note following RCW 10.99.020.
70.123.030
70.123.030 Departmental duties and responsibilities.
The department of social and health services, in consultation
with the state department of health, and individuals or groups
having experience and knowledge of the problems of victims
of domestic violence, shall:
(1) Establish minimum standards for shelters applying
for grants from the department under this chapter. Classifications may be made dependent upon size, geographic location,
and population needs;
(2) Receive grant applications for the development and
establishment of shelters for victims of domestic violence;
(3) Distribute funds, within forty-five days after
approval, to those shelters meeting departmental standards;
(4) Evaluate biennially each shelter receiving departmental funds for compliance with the established minimum
standards;
(5) Review the minimum standards each biennium to
ensure applicability to community and client needs; and
(6) Administer funds available from the domestic violence prevention account under RCW 70.123.150 and estab(2006 Ed.)
70.123.070
lish minimum standards for preventive, nonshelter community-based services receiving funds administered by the
department. Preventive, nonshelter community-based services include services for victims of domestic violence from
communities that have been traditionally underserved or
unserved and services for children who have witnessed
domestic violence. [2005 c 374 § 4; 1989 1st ex.s. c 9 § 235;
1979 ex.s. c 245 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.123.040
70.123.040 Minimum standards to provide basic survival needs. (1) Minimum standards established by the
department under RCW 70.123.030 shall ensure that shelters
receiving grants under this chapter provide services meeting
basic survival needs, where not provided by other means,
such as, but not limited to, food, clothing, housing, safety,
security, client advocacy, client confidentiality, and counseling. These services shall be problem-oriented and designed
to provide necessary assistance to the victims of domestic
violence and their children.
(2) The department shall establish minimum standards
that ensure that nonshelter community-based services for victims of domestic violence funded under RCW 70.123.150
provide services designed to enhance safety and security by
means such as, but not limited to, client advocacy, client confidentiality, and counseling. [2006 c 259 § 3; 1979 ex.s. c
245 § 4.]
70.123.050
70.123.050 Contracts with nonprofit organizations—
Purposes. The department shall contract, where appropriate,
with public or private nonprofit groups or organizations with
experience and expertise in the field of domestic violence to:
(1) Develop and implement an educational program
designed to promote public and professional awareness of the
problems of domestic violence and of the availability of services for victims of domestic violence. Particular emphasis
should be given to the education needs of law enforcement
agencies, the legal system, the medical profession, and other
relevant professions that are engaged in the prevention, identification, and treatment of domestic violence;
(2) Maintain a directory of temporary shelters and other
direct service facilities for the victims of domestic violence
which is current, complete, detailed, and available, as necessary, to provide useful referral services to persons seeking
help on an emergency basis;
(3) Create a statewide toll-free telephone number that
would provide information and referral to victims of domestic violence;
(4) Provide opportunities to persons working in the area
of domestic violence to exchange information; and
(5) Provide training opportunities for both volunteer
workers and staff personnel. [1979 ex.s. c 245 § 5.]
70.123.070
70.123.070 Duties and responsibilities of shelters.
Shelters receiving state funds under this chapter shall:
(1) Make available shelter services to any person who is
a victim of domestic violence and to that person’s children;
(2) Encourage victims, with the financial means to do so,
to reimburse the shelter for the services provided;
[Title 70 RCW—page 407]
70.123.075
Title 70 RCW: Public Health and Safety
(3) Recruit, to the extent feasible, persons who are
former victims of domestic violence to work as volunteers or
staff personnel. An effort shall also be made to provide bilingual services;
(4) Provide prevention and treatment programs to victims of domestic violence, their children and, where possible,
the abuser;
(5) Provide a day program or drop-in center to assist victims of domestic violence who have found other shelter but
who have a need for support services. [1979 ex.s. c 245 § 7.]
70.123.075
70.123.075 Client records. (1) Client records maintained by domestic violence programs shall not be subject to
discovery in any judicial proceeding unless:
(a) A written pretrial motion is made to a court stating
that discovery is requested of the client’s domestic violence
records;
(b) The written motion is accompanied by an affidavit or
affidavits setting forth specifically the reasons why discovery
is requested of the domestic violence program’s records;
(c) The court reviews the domestic violence program’s
records in camera to determine whether the domestic violence program’s records are relevant and whether the probative value of the records is outweighed by the victim’s privacy interest in the confidentiality of such records, taking
into account the further trauma that may be inflicted upon the
victim by the disclosure of the records; and
(d) The court enters an order stating whether the records
or any part of the records are discoverable and setting forth
the basis for the court’s findings.
(2) For purposes of this section "domestic violence program" means a program that provides shelter, advocacy, or
counseling services for domestic violence victims. [1994 c
233 § 1; 1991 c 301 § 10.]
Effective date—1994 c 233: "This act shall take effect July 1, 1994."
[1994 c 233 § 3.]
Finding—1991 c 301: See note following RCW 10.99.020.
70.123.076
70.123.076 Disclosure of recipient information. (1)
Except as authorized in subsections (2) and (3) of this section, or pursuant to court order under RCW 70.123.075, a
domestic violence program, an individual who assists a
domestic violence program in the delivery of services, or an
agent, employee, or volunteer of a domestic violence program shall not disclose information about a recipient of shelter, advocacy, or counseling services without the informed
authorization of the recipient. In the case of an unemancipated minor, the minor and the parent or guardian must provide the authorization. For the purposes of this section, a
"domestic violence program" means an agency that provides
shelter, advocacy, or counseling for domestic violence victims in a supportive environment.
(2)(a) A recipient of shelter, advocacy, or counseling services may authorize a domestic violence program to disclose
information about the recipient. The authorization must be in
writing, signed by the recipient, or if an unemancipated
minor is the recipient, signed by the minor and the parent or
guardian, and must contain a reasonable time limit on the
duration of the recipient’s authorization. If the authorization
does not contain a date upon which the authorization to dis[Title 70 RCW—page 408]
close information expires, the recipient’s authorization
expires ninety days after the date it was signed.
(b) The domestic violence program’s disclosure of information shall be only to the extent authorized by the recipient.
The domestic violence program, if requested, shall provide a
copy of the disclosed information to the recipient.
(c) Except as provided under this chapter, an authorization is not a waiver of the recipient’s rights or privileges
under other statutes, rules of evidence, or common law.
(3) If disclosure of a recipient’s information is required
by statute or court order, the domestic violence program shall
make reasonable attempts to provide notice to the recipient
affected by the disclosure of information. If personally identifying information is or will be disclosed, the domestic violence program shall take steps necessary to protect the privacy and safety of the persons affected by the disclosure of
the information.
(4) To comply with tribal, federal, state, or territorial
reporting, evaluation, or data collection requirements,
domestic violence programs may share data in the aggregate
that does not contain personally identifying information and
that: (a) Pertains to services to their clients; or (b) is demographic information. [2006 c 259 § 4.]
70.123.080
70.123.080 Department to consult. The department
shall consult in all phases with persons and organizations
having experience and expertise in the field of domestic violence. [1979 ex.s. c 245 § 8.]
70.123.090
70.123.090 Contracts for shelter services. The department is authorized, under this chapter and the rules adopted
to effectuate its purposes, to make available grants awarded
on a contract basis to public or private nonprofit agencies,
organizations, or individuals providing shelter services meeting minimum standards established by the department. Consideration as to need, geographic location, population ratios,
and the extent of existing services shall be made in the award
of grants. The department shall provide technical assistance
to any nonprofit organization desiring to apply for the contracts if the organization does not possess the resources and
expertise necessary to develop and transmit an application
without assistance. [1979 ex.s. c 245 § 9.]
70.123.100
70.123.100 Funding for shelters. The department shall
seek, receive, and make use of any funds which may be available from federal or other sources in order to augment state
funds appropriated for the purpose of this chapter, and shall
make every effort to qualify for federal funding. [1997 c 160
§ 1; 1979 ex.s. c 245 § 10.]
70.123.110
70.123.110 Assistance to families in shelters. General
assistance or temporary assistance for needy families payments shall be made to otherwise eligible individuals who are
residing in a secure shelter, a housing network or other shelter facility which provides shelter services to persons who are
victims of domestic violence. Provisions shall be made by the
department for the confidentiality of the shelter addresses
where victims are residing. [1997 c 59 § 9; 1979 ex.s. c 245
§ 11.]
(2006 Ed.)
Abuse of Patients
70.123.120
70.123.120 Liability for withholding services. A shelter shall not be held liable in any civil action for denial or
withdrawal of services provided pursuant to the provisions of
this chapter. [1979 ex.s. c 245 § 12.]
70.123.130
70.123.130 Technical assistance grant program—
Local communities. The department of social and health
services shall establish a technical assistance grant program
to assist local communities in determining how to respond to
domestic violence. The goals of the program shall be to coordinate and expand existing services to:
(1) Serve any individual affected by domestic violence
with the primary focus being the safety of the victim;
(2) Assure an integrated, comprehensive, accountable
community response that is adequately funded and sensitive
to the diverse needs of the community;
(3) Create a continuum of services that range from prevention, crisis intervention, and counseling through shelter,
advocacy, legal intervention, and representation to longer
term support, counseling, and training; and
(4) Coordinate the efforts of government, the legal system, the private sector, and a range of service providers, such
as doctors, nurses, social workers, teachers, and child care
workers. [1991 c 301 § 11.]
Finding—1991 c 301: See note following RCW 10.99.020.
70.124.010
(d) Development of services to victims of domestic violence and their families, including shelters, safe homes, transitional housing, community and legal advocates, and children’s services; and
(e) Local and regional teams to oversee implementation
of the system, ensure that efforts continue over the years, and
assist with day-to-day and system-wide coordination. [1991
c 301 § 12.]
Finding—1991 c 301: See note following RCW 10.99.020.
70.123.150
70.123.150 Domestic violence prevention account.
The domestic violence prevention account is created in the
state treasury. All receipts from fees imposed for deposit in
the domestic violence prevention account under RCW
36.18.016 must be deposited into the account. Moneys in the
account may be spent only after appropriation. Expenditures
from the account may be used only for funding nonshelter
community-based services for victims of domestic violence.
[2005 c 374 § 3.]
70.123.900
70.123.900 Severability—1979 ex.s. c 245. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 245 § 15.]
70.123.140
70.123.140 Technical assistance grant for county
plans. (1) A county or group of counties may apply to the
department for a technical assistance grant to develop a comprehensive county plan for dealing with domestic violence.
The county authority may contract with a local nonprofit
entity to develop the plan.
(2) County comprehensive plans shall be developed in
consultation with the department, domestic violence programs, schools, law enforcement, and health care, legal, and
social service providers that provide services to persons
affected by domestic violence.
(3) County comprehensive plans shall be based on the
following principles:
(a) The safety of the victim is primary;
(b) The community needs to be well-educated about
domestic violence;
(c) Those who want to and who should intervene need to
know how to do so effectively;
(d) Adequate services, both crisis and long-term support,
should exist throughout all parts of the county;
(e) Police and courts should hold the batterer accountable for his or her crimes;
(f) Treatment for batterers should be provided by qualified counselors; and
(g) Coordination teams are needed to ensure that the system continues to work over the coming decades.
(4) County comprehensive plans shall provide for the
following:
(a) Public education about domestic violence;
(b) Training for professionals on how to recognize
domestic violence and assist those affected by it;
(c) Development of protocols among agencies so that
professionals respond to domestic violence in an effective,
consistent manner;
(2006 Ed.)
Chapter 70.124
Chapter 70.124 RCW
ABUSE OF PATIENTS
Sections
70.124.010
70.124.020
70.124.030
70.124.040
70.124.050
70.124.060
70.124.070
70.124.080
70.124.090
70.124.100
70.124.900
Legislative findings.
Definitions.
Reports of abuse or neglect.
Reports to department or law enforcement agency—Action
required.
Investigations required—Seeking restraining orders authorized.
Liability of persons making reports.
Failure to report is gross misdemeanor.
Department reports of abused or neglected patients.
Publicizing objectives.
Retaliation against whistleblowers and residents—Remedies—Rules.
Severability—1979 ex.s. c 228.
Persons over sixty, abuse: Chapter 74.34 RCW.
70.124.010
70.124.010 Legislative findings. (1) The Washington
state legislature finds and declares that a reporting system is
needed to protect state hospital patients from abuse. Instances
of nonaccidental injury, neglect, death, sexual abuse, and cruelty to such patients have occurred, and in the instance where
such a patient is deprived of his or her right to conditions of
minimal health and safety, the state is justified in emergency
intervention based upon verified information. Therefore the
Washington state legislature hereby provides for the reporting of such cases to the appropriate public authorities.
(2) It is the intent of the legislature that: (a) As a result
of such reports, protective services shall be made available in
an effort to prevent further abuses, and to safeguard the general welfare of the patients; and (b) such reports shall be
maintained and disseminated with strictest regard for the privacy of the subjects of such reports and so as to safeguard
against arbitrary, malicious, or erroneous information or
[Title 70 RCW—page 409]
70.124.020
Title 70 RCW: Public Health and Safety
actions. [1999 c 176 § 20; 1981 c 174 § 1; 1979 ex.s. c 228 §
1.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
70.124.020
70.124.020 Definitions. Unless the context requires
otherwise, the definitions in this section apply throughout
this chapter.
(1) "Court" means the superior court of the state of
Washington.
(2) "Law enforcement agency" means the police department, the director of public safety, or the office of the sheriff.
(3) "Practitioner of the healing arts" or "practitioner"
means a person licensed by this state to practice podiatric
medicine and surgery, optometry, pharmacy, physical therapy, chiropractic, nursing, dentistry, osteopathic medicine
and surgery, or medicine and surgery. The term "practitioner"
includes a nurse’s aide and a duly accredited Christian Science practitioner.
(4) "Department" means the state department of social
and health services.
(5) "Social worker" means anyone engaged in a professional capacity during the regular course of employment in
encouraging or promoting the health, welfare, support, or
education of patients, or providing social services to patients,
whether in an individual capacity or as an employee or agent
of any public or private organization or institution.
(6) "Psychologist" means any person licensed to practice
psychology under chapter 18.83 RCW, whether acting in an
individual capacity or as an employee or agent of any public
or private organization or institution.
(7) "Pharmacist" means any registered pharmacist under
chapter 18.64 RCW, whether acting in an individual capacity
or as an employee or agent of any public or private organization or institution.
(8) "Abuse or neglect" or "patient abuse or neglect"
means the nonaccidental physical injury or condition, sexual
abuse, or negligent treatment of a state hospital patient under
circumstances which indicate that the patient’s health, welfare, or safety is harmed thereby.
(9) "Negligent treatment" means an act or omission
which evinces a serious disregard of consequences of such
magnitude as to constitute a clear and present danger to the
patient’s health, welfare, or safety.
(10) "State hospital" means any hospital operated and
maintained by the state for the care of the mentally ill under
chapter 72.23 RCW. [1999 c 176 § 21; 1997 c 392 § 519;
1996 c 178 § 24; 1981 c 174 § 2; 1979 ex.s. c 228 § 2.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Effective date—1996 c 178: See note following RCW 18.35.110.
70.124.030
70.124.030 Reports of abuse or neglect. (1) When any
practitioner, social worker, psychologist, pharmacist,
employee of a state hospital, or employee of the department
has reasonable cause to believe that a state hospital patient
has suffered abuse or neglect, the person shall report such
incident, or cause a report to be made, to either a law enforce[Title 70 RCW—page 410]
ment agency or to the department as provided in RCW
70.124.040.
(2) Any other person who has reasonable cause to
believe that a state hospital patient has suffered abuse or
neglect may report such incident to either a law enforcement
agency or to the department as provided in RCW 70.124.040.
(3) The department or any law enforcement agency
receiving a report of an incident of abuse or neglect involving
a state hospital patient who has died or has had physical
injury or injuries inflicted other than by accidental means or
who has been subjected to sexual abuse shall report the incident to the proper county prosecutor for appropriate action.
[1999 c 176 § 22; 1981 c 174 § 3; 1979 ex.s. c 228 § 3.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
70.124.040
70.124.040 Reports to department or law enforcement agency—Action required. (1) Where a report is
required under RCW 70.124.030, an immediate oral report
must be made by telephone or otherwise to either a law
enforcement agency or to the department and, upon request,
must be followed by a report in writing. The reports must
contain the following information, if known:
(a) The name and address of the person making the
report;
(b) The name and address of the state hospital patient;
(c) The name and address of the patient’s relatives having responsibility for the patient;
(d) The nature and extent of the alleged injury or injuries;
(e) The nature and extent of the alleged neglect;
(f) The nature and extent of the alleged sexual abuse;
(g) Any evidence of previous injuries, including their
nature and extent; and
(h) Any other information that may be helpful in establishing the cause of the patient’s death, injury, or injuries, and
the identity of the perpetrator or perpetrators.
(2) Each law enforcement agency receiving such a report
shall, in addition to taking the action required by RCW
70.124.050, immediately relay the report to the department,
and to other law enforcement agencies, including the medicaid fraud control unit of the office of the attorney general, as
appropriate. For any report it receives, the department shall
likewise take the required action and in addition relay the
report to the appropriate law enforcement agency or agencies.
The appropriate law enforcement agency or agencies must
receive immediate notification when the department, upon
receipt of such report, has reasonable cause to believe that a
criminal act has been committed. [1999 c 176 § 23. Prior:
1997 c 392 § 520; 1997 c 386 § 30; 1981 c 174 § 4; 1979 ex.s.
c 228 § 4.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Application—Effective date—1997 c 386: See notes following RCW
13.50.010.
70.124.050
70.124.050 Investigations required—Seeking
restraining orders authorized. Upon the receipt of a report
(2006 Ed.)
Abuse of Patients
concerning the possible occurrence of abuse or neglect, it is
the duty of the law enforcement agency and the department to
commence an investigation within twenty-four hours of such
receipt and, where appropriate, submit a report to the appropriate prosecuting attorney. The local prosecutor may seek a
restraining order to prohibit continued patient abuse. In all
cases investigated by the department a report to the complainant shall be made by the department. [1983 1st ex.s. c
41 § 24; 1979 ex.s. c 228 § 5.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
70.124.060
70.124.060 Liability of persons making reports. (1)
A person other than a person alleged to have committed the
abuse or neglect participating in good faith in the making of a
report pursuant to this chapter, or testifying as to alleged
patient abuse or neglect in a judicial proceeding, is, in so
doing, immune from any liability, civil or criminal, arising
out of such reporting or testifying under any law of this state
or its political subdivisions, and if such person is an
employee of a state hospital it is an unfair practice under
chapter 49.60 RCW for the employer to discharge, expel, or
otherwise discriminate against the employee for such reporting activity.
(2) Conduct conforming with the reporting requirements
of this chapter is not a violation of the confidential communication privilege of RCW 5.60.060 (3) or (4) or 18.83.110.
Nothing in this chapter supersedes or abridges remedies provided in chapter 4.92 RCW. [1999 c 176 § 24; 1993 c 510 §
25; 1981 c 174 § 5; 1979 ex.s. c 228 § 6.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Severability—1993 c 510: See note following RCW 49.60.010.
70.124.070
70.124.070 Failure to report is gross misdemeanor.
A person who is required to make or to cause to be made a
report pursuant to RCW 70.124.030 or 70.124.040 and who
knowingly fails to make such report or fails to cause such
report to be made is guilty of a gross misdemeanor. [1997 c
392 § 521; 1979 ex.s. c 228 § 7.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
70.124.080
70.124.080 Department reports of abused or
neglected patients. The department shall forward to the
appropriate state licensing authority a copy of any report
received pursuant to this chapter which alleges that a person
who is professionally licensed by this state has abused or
neglected a patient. [1979 ex.s. c 228 § 8.]
70.124.090
70.124.090 Publicizing objectives. In the adoption of
rules under the authority of this chapter, the department shall
provide for the publication and dissemination to state hospitals and state hospital employees and the posting where
appropriate by state hospitals of informational, educational,
or training materials calculated to aid and assist in achieving
the objectives of this chapter. [1999 c 176 § 25; 1981 c 174
§ 6; 1979 ex.s. c 228 § 9.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
(2006 Ed.)
70.124.100
70.124.100
70.124.100 Retaliation against whistleblowers and
residents—Remedies—Rules. (1) An employee who is a
whistleblower and who as a result of being a whistleblower
has been subjected to workplace reprisal or retaliatory action,
has the remedies provided under chapter 49.60 RCW. RCW
4.24.500 through 4.24.520, providing certain protection to
persons who communicate to government agencies, apply to
complaints made under this section. The identity of a whistleblower who complains, in good faith, to the department about
suspected abuse, neglect, financial exploitation, or abandonment by any person in a state hospital may remain confidential if requested. The identity of the whistleblower shall subsequently remain confidential unless the department determines that the complaint was not made in good faith.
(2)(a) An attempt to discharge a resident from a state
hospital or any type of discriminatory treatment of a resident
by whom, or upon whose behalf, a complaint substantiated
by the department has been submitted to the department or
any proceeding instituted under or related to this chapter
within one year of the filing of the complaint or the institution
of the action, raises a rebuttable presumption that the action
was in retaliation for the filing of the complaint.
(b) The presumption is rebutted by credible evidence
establishing the alleged retaliatory action was initiated prior
to the complaint.
(c) The presumption is rebutted by a functional assessment conducted by the department that shows that the resident’s needs cannot be met by the reasonable accommodations of the facility due to the increased needs of the resident.
(3) For the purposes of this section:
(a) "Whistleblower" means a resident or employee of a
state hospital or any person licensed under Title 18 RCW,
who in good faith reports alleged abuse, neglect, financial
exploitation, or abandonment to the department or to a law
enforcement agency;
(b) "Workplace reprisal or retaliatory action" means, but
is not limited to: Denial of adequate staff to perform duties;
frequent staff changes; frequent and undesirable office
changes; refusal to assign meaningful work; unwarranted and
unsubstantiated report of misconduct under Title 18 RCW;
letters of reprimand or unsatisfactory performance evaluations; demotion; denial of employment; or a supervisor or
superior encouraging coworkers to behave in a hostile manner toward the whistleblower; and
(c) "Reasonable accommodation" by a facility to the
needs of a prospective or current resident has the meaning
given to this term under the federal Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations.
(4) This section does not prohibit a state hospital from
exercising its authority to terminate, suspend, or discipline an
employee who engages in workplace reprisal or retaliatory
action against a whistleblower. The protections provided to
whistleblowers under this chapter shall not prevent a state
hospital from: (a) Terminating, suspending, or disciplining a
whistleblower for other lawful purposes; or (b) for facilities
with six or fewer residents, reducing the hours of employment or terminating employment as a result of the demonstrated inability to meet payroll requirements. The department shall determine if the facility cannot meet payroll in
cases where a whistleblower has been terminated or had
[Title 70 RCW—page 411]
70.124.900
Title 70 RCW: Public Health and Safety
hours of employment reduced due to the inability of a facility
to meet payroll.
(5) The department shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under this chapter.
(6) No resident who relies upon and is being provided
spiritual treatment in lieu of medical treatment in accordance
with the tenets and practices of a well-recognized religious
denomination shall for that reason alone be considered abandoned, abused, or neglected, nor shall anything in this chapter
be construed to authorize, permit, or require medical treatment contrary to the stated or clearly implied objection of
such a person.
(7) The department shall adopt rules designed to discourage whistleblower complaints made in bad faith or for retaliatory purposes. [1999 c 176 § 26; 1997 c 392 § 201.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
70.124.900
70.124.900 Severability—1979 ex.s. c 228. If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1979 ex.s. c 228 § 12.]
Chapter 70.125
Chapter 70.125 RCW
VICTIMS OF SEXUAL ASSAULT ACT
Sections
70.125.010
70.125.020
70.125.030
70.125.040
70.125.050
70.125.055
70.125.060
70.125.065
70.125.080
(c) There is a lack of adequate training for law enforcement officers concerning sexual assault, the victim, the
offender, and the investigation;
(d) There is a lack of community awareness and knowledge concerning sexual assault and the physical and psychological impact upon the victim;
(e) There is a lack of public information concerning sexual assault prevention and personal self-protection;
(f) Because of the lack of information, training, and services, the victims of sexual assault are not receiving the assistance they require in dealing with the physical and psychological trauma of a sexual assault;
(g) The criminal justice system and health care system
should maintain close contact and cooperation with each
other and with community rape crisis centers to expedite the
disposition of sexual assault cases; and
(h) Persons who are victims of sexual assault will benefit
directly from increased public awareness and education,
increased prosecutions, and a criminal justice system which
treats them in a humane manner.
(2) Therefore, a statewide sexual assault education,
training, and consultation program should be developed.
Such a statewide program should seek to improve treatment
of victims through information-gathering, education, training, community awareness programs, and by increasing the
efficiency of the criminal justice and health care systems as
they relate to sexual assault. Such a program should serve a
consultative and facilitative function for organizations which
provide services to victims and potential victims of sexual
assault. [1979 ex.s. c 219 § 2.]
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
70.125.030
Short title.
Legislative findings—Program objectives.
Definitions.
Coordinating office—Biennial statewide plan.
Statewide program services.
Financial assistance to rape crisis centers.
Personal representative may accompany victim during treatment or proceedings.
Records of rape crisis centers not available as part of discovery—Exceptions.
Community sexual assault programs—Victim advocates.
Public records: Chapter 42.56 RCW.
Victims of crimes
compensation, assistance: Chapter 7.68 RCW.
survivors, witnesses: Chapter 7.69 RCW.
70.125.010
70.125.010 Short title. This chapter may be known and
cited as the Victims of Sexual Assault Act. [1979 ex.s. c 219
§ 1.]
Severability—1979 ex.s. c 219: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 219 § 22.]
70.125.020
70.125.020 Legislative findings—Program objectives. (1) The legislature hereby finds and declares that:
(a) Sexual assault has become one of the most rapidly
increasing violent crimes over the last decade;
(b) There is a lack of essential information and data concerning sexual assault;
[Title 70 RCW—page 412]
70.125.030 Definitions. As used in this chapter and
unless the context indicates otherwise:
(1) "Core services" means treatment services for victims
of sexual assault including information and referral, crisis
intervention, medical advocacy, legal advocacy, support, system coordination, and prevention for potential victims of sexual assault.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Law enforcement agencies" means police and sheriff’s departments of this state.
(4) "Personal representative" means a friend, relative,
attorney, or employee or volunteer from a community sexual
assault program or specialized treatment service provider.
(5) "Rape crisis center" means a community-based social
service agency which provides services to victims of sexual
assault.
(6) "Community sexual assault program" means a community-based social service agency that is qualified to provide and provides core services to victims of sexual assault.
(7) "Sexual assault" means one or more of the following:
(a) Rape or rape of a child;
(b) Assault with intent to commit rape or rape of a child;
(c) Incest or indecent liberties;
(d) Child molestation;
(e) Sexual misconduct with a minor;
(f) Custodial sexual misconduct;
(g) Crimes with a sexual motivation; or
(2006 Ed.)
Victims of Sexual Assault Act
(h) An attempt to commit any of the aforementioned
offenses.
(8) "Specialized services" means treatment services for
victims of sexual assault including support groups, therapy,
and specialized sexual assault medical examination.
(9) "Victim" means any person who suffers physical
and/or mental anguish as a proximate result of a sexual
assault. [2000 c 54 § 1; 1999 c 45 § 6; 1996 c 123 § 6; 1988
c 145 § 19; 1979 ex.s. c 219 § 3.]
Transfer of powers and duties—1996 c 123: "The powers and duties
of the department of social and health services under this chapter shall be
transferred to the department of community, trade, and economic development on July 1, 1996. The department of social and health services shall
transfer all unspent appropriated funds, records, and documents necessary to
facilitate a successful transfer." [1996 c 123 § 9.]
Effective date—1996 c 123: See note following RCW 43.280.010.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
70.125.040
70.125.040 Coordinating office—Biennial statewide
plan. The department shall establish a centralized office
within the department to coordinate activities of programs
relating to sexual assault and to facilitate coordination and
dissemination of information to personnel in fields relating to
sexual assault.
The department shall develop, with the cooperation of
the criminal justice training commission, the medical profession, and existing rape crisis centers, a biennial statewide
plan to aid organizations which provide services to victims of
sexual assault. [1985 c 34 § 1; 1979 ex.s. c 219 § 4.]
Effective date—1985 c 34: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1985." [1985 c 34 § 4.]
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
70.125.050
70.125.050 Statewide program services. The statewide program established under RCW 70.125.040 shall
include but not be limited to provision of the following services: PROVIDED, That the department shall utilize existing
rape crisis centers and contract, where appropriate, with these
centers to provide the services identified in this section:
(1) Assistance to the criminal justice training commission in developing and offering training and education programs for criminal justice personnel on the scope and nature
of the sexual assault problem;
(2) Assistance to health care personnel in training for the
sensitive handling and correct legal procedures of sexual
assault cases;
(3) Development of public education programs to
increase public awareness concerning sexual assault in coordination with the activities of the attorney general’s crime
prevention efforts; and
(4) Technical assistance and advice to rape crisis centers,
including the organization of existing community resources,
volunteer training, identification of potential funding
sources, evaluation, and education. Assistance shall be given
for the development of additional programs in areas of the
state where such services do not exist. [1979 ex.s. c 219 § 5.]
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
(2006 Ed.)
70.125.080
70.125.055
70.125.055 Financial assistance to rape crisis centers.
The department may distribute financial assistance to rape
crisis centers to supplement crisis, advocacy, and counseling
services provided directly to victims. [1985 c 34 § 2.]
Effective date—1985 c 34: See note following RCW 70.125.040.
70.125.060
70.125.060 Personal representative may accompany
victim during treatment or proceedings. If the victim of a
sexual assault so desires, a personal representative of the victim’s choice may accompany the victim to the hospital or
other health care facility, and to proceedings concerning the
alleged assault, including police and prosecution interviews
and court proceedings. [1979 ex.s. c 219 § 6.]
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
70.125.065
70.125.065 Records of rape crisis centers not available as part of discovery—Exceptions. Records maintained by rape crisis centers shall not be made available to
any defense attorney as part of discovery in a sexual assault
case unless:
(1) A written pretrial motion is made by the defendant to
the court stating that the defendant is requesting discovery of
the rape crisis center’s records;
(2) The written motion is accompanied by an affidavit or
affidavits setting forth specifically the reasons why the defendant is requesting discovery of the rape crisis center’s
records;
(3) The court reviews the rape crisis center’s records in
camera to determine whether the rape crisis center’s records
are relevant and whether the probative value of the records is
outweighed by the victim’s privacy interest in the confidentiality of such records taking into account the further trauma
that may be inflicted upon the victim by the disclosure of the
records to the defendant; and
(4) The court enters an order stating whether the records
or any part of the records are discoverable and setting forth
the basis for the court’s findings. [1981 c 145 § 9.]
70.125.080
70.125.080 Community sexual assault programs—
Victim advocates. (1) Community sexual assault programs
that are eligible for funding from the department under this
chapter may apply for grants for the purpose of hiring, training, and supervising victim advocates to provide core services to assist victims and their families through the investigation, prosecution, and treatment process that resulted from
a sexual assault. The department shall seek, receive, and
make use of any funds which may be available from federal
or other sources to augment state funds appropriated for the
purpose of this section, and shall make every effort to qualify
for federal funding. [1996 c 123 § 7; 1991 c 267 § 3.]
Transfer of powers and duties—1996 c 123: See note following
RCW 70.125.030.
Effective date—1996 c 123: See note following RCW 43.280.010.
Findings—Effective date—1991 c 267: See notes following RCW
43.101.270.
Victims of crimes: Chapter 7.69 RCW.
[Title 70 RCW—page 413]
Chapter 70.126
Title 70 RCW: Public Health and Safety
Chapter 70.126 RCW
HOME HEALTH CARE AND HOSPICE CARE
Chapter 70.126
Sections
70.126.001
70.126.010
70.126.020
70.126.030
70.126.060
Legislative finding.
Definitions.
Home health care—Services and supplies included, not
included.
Hospice care—Provider, plan, services included.
Application of chapter.
Optional coverage required by certain insurers: RCW 48.21.220,
48.21A.090, 48.44.320.
(7) "Hospice plan of care" means a written plan of care
established and periodically reviewed by a physician that
describes hospice care to be provided to a terminally ill
patient for palliation or medically necessary treatment of an
illness or injury.
(8) "Physician" means a physician licensed under chapter 18.57 or 18.71 RCW. [1988 c 245 § 29; 1984 c 22 § 4;
1983 c 249 § 5.]
Effective date—Implementation—Severability—1988 c 245: See
RCW 70.127.900 and 70.127.902.
Effective date—1984 c 22: See note following RCW 48.21.220.
70.126.001
70.126.001 Legislative finding. The legislature finds
that the cost of medical care in general and hospital care in
particular has risen dramatically in recent years, and that in
1981, such costs rose faster than in any year since World War
II. The purpose of RCW 70.126.001 through *70.126.050 is
to support the provision of less expensive and more appropriate levels of care, home health care and hospice care, in order
to avoid hospitalization or shorten hospital stays. [1983 c
249 § 4.]
*Reviser’s note: RCW 70.126.040 and 70.126.050 were repealed by
1988 c 245 § 34, effective July 1, 1989.
Effective date—Implementation—1983 c 249: "This act shall take
effect on July 1, 1984. The department of social and health services shall
immediately take such steps as are necessary to insure that this act is implemented on its effective date." [1983 c 249 § 11.]
70.126.010
70.126.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Hospice" means a private or public agency or organization that administers and provides hospice care and is
licensed by the department of social and health services as a
hospice care agency.
(2) "Hospice care" means care prescribed and supervised
by the attending physician and provided by the hospice to the
terminally ill in accordance with the standards of RCW
70.126.030.
(3) "Home health agency" means a private or public
agency or organization that administers and provides home
health care and is licensed by the department of social and
health services as a home health care agency.
(4) "Home health care" means services, supplies, and
medical equipment that meet the standards of RCW
70.126.020, prescribed and supervised by the attending physician, and provided through a home health agency and rendered to members in their residences when hospitalization
would otherwise be required.
(5) "Home health aide" means a person employed by a
home health agency or a hospice who is providing part-time
or intermittent care under the supervision of a registered
nurse, a physical therapist, occupational therapist, or speech
therapist. Such care includes ambulation and exercise, assistance with self-administered medications, reporting changes
in patients’ conditions and needs, completing appropriate
records, and personal care or household services that are
needed to achieve the medically desired results.
(6) "Home health care plan of treatment" means a written
plan of care established and periodically reviewed by a physician that describes medically necessary home health care to
be provided to a patient for treatment of illness or injury.
[Title 70 RCW—page 414]
Effective date—1983 c 249: See note following RCW 70.126.001.
70.126.020
70.126.020 Home health care—Services and supplies
included, not included. (1) Home health care shall be provided by a home health agency and shall:
(a) Be delivered by a registered nurse, physical therapist,
occupational therapist, speech therapist, or home health aide
on a part-time or intermittent basis;
(b) Include, as applicable under the written plan, supplies
and equipment such as:
(i) Drugs and medicines that are legally obtainable only
upon a physician’s written prescription, and insulin;
(ii) Rental of durable medical apparatus and medical
equipment such as wheelchairs, hospital beds, respirators,
splints, trusses, braces, or crutches needed for treatment;
(iii) Supplies normally used for hospital inpatients and
dispensed by the home health agency such as oxygen, catheters, needles, syringes, dressings, materials used in aseptic
techniques, irrigation solutions, and intravenous fluids.
(2) The following services may be included when medically necessary, ordered by the attending physician, and
included in the approved plan of treatment:
(a) Licensed practical nurses;
(b) Respiratory therapists;
(c) Social workers holding a master’s degree;
(d) Ambulance service that is certified by the physician
as necessary in the approved plan of treatment because of the
patient’s physical condition or for unexpected emergency situations.
(3) Services not included in home health care include:
(a) Nonmedical, custodial, or housekeeping services
except by home health aides as ordered in the approved plan
of treatment;
(b) "Meals on Wheels" or similar food services;
(c) Nutritional guidance;
(d) Services performed by family members;
(e) Services not included in an approved plan of treatment;
(f) Supportive environmental materials such as handrails, ramps, telephones, air conditioners, and similar appliances and devices. [1984 c 22 § 5; 1983 c 249 § 6.]
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.
70.126.030
70.126.030 Hospice care—Provider, plan, services
included. (1) Hospice care shall be provided by a hospice
and shall meet the standards of RCW 70.126.020(1) (a) and
(b)(ii) and (iii).
(2006 Ed.)
In-Home Services Agencies
(2) A written hospice care plan shall be approved by a
physician and shall be reviewed at designated intervals.
(3) The following services for necessary medical or palliative care shall be included when ordered by the attending
physician and included in the approved plan of treatment:
(a) Short-term care as an inpatient;
(b) Care of the terminally ill in an individual’s home on
an outpatient basis as included in the approved plan of treatment;
(c) Respite care that is continuous care in the most
appropriate setting for a maximum of five days per threemonth period of hospice care. [1984 c 22 § 6; 1983 c 249 §
7.]
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.
70.126.060 Application of chapter. The provisions of
this chapter apply only for the purposes of determining benefits to be included in the offering of optional coverage for
home health and hospice care services, as provided in RCW
48.21.220, 48.21A.090, and 48.44.320 and do not apply for
the purposes of licensure. [1988 c 245 § 30.]
70.126.060
Effective date—Implementation—Severability—1988 c 245: See
RCW 70.127.900 and 70.127.902.
Chapter 70.127
Chapter 70.127 RCW
IN-HOME SERVICES AGENCIES
(Formerly: Home health, hospice, and home care agencies—Licensure)
Sections
70.127.005
70.127.010
70.127.020
70.127.030
70.127.040
70.127.041
70.127.050
70.127.080
70.127.085
70.127.090
70.127.100
70.127.120
70.127.125
70.127.130
70.127.140
70.127.150
70.127.170
70.127.180
70.127.190
70.127.200
70.127.213
70.127.216
70.127.280
70.127.902
Legislative intent.
Definitions.
Licenses required after July 1, 1990—Penalties.
Use of certain terms limited to licensees.
Persons, activities, or entities not subject to regulation under
chapter.
Home care quality authority not subject to regulation.
Volunteer organizations—Use of phrase "volunteer hospice."
Licenses—Application procedure and requirements.
State licensure survey.
License or renewal—Fees—Sliding scale.
Licenses—Issuance—Prerequisites—Transfer or assignment—Surveys.
Rules for recordkeeping, services, staff and volunteer policies,
complaints.
Interpretive guidelines for services.
Legend drugs and controlled substances—Rules.
Bill of rights—Billing statements.
Durable power of attorney—Prohibition for licensees, contractees, or employees.
Licenses—Denial, restriction, conditions, modification, suspension, revocation—Civil penalties.
Surveys and in-home visits—Notice of violations—Enforcement action.
Disclosure of compliance information.
Unlicensed agencies—Department may seek injunctive or
other relief—Injunctive relief does not prohibit criminal or
civil penalties—Fines.
Unlicensed operation of an in-home services agency—Cease
and desist orders—Adjudicative proceedings—Fines.
Unlicensed operation of an in-home services agency—Consumer protection act.
Hospice care centers—Applicants—Rules.
Severability—1988 c 245.
70.127.005 Legislative intent. The legislature finds
that the availability of home health, hospice, and home care
services has improved the quality of life for Washington’s
citizens. However, the delivery of these services bring risks
because the in-home location of services makes their actual
70.127.005
(2006 Ed.)
70.127.010
delivery virtually invisible. Also, the complexity of products,
services, and delivery systems in today’s health care delivery
system challenges even informed and healthy individuals.
The fact that these services are delivered to the state’s most
vulnerable population, the ill or disabled who are frequently
also elderly, adds to these risks.
It is the intent of the legislature to protect the citizens of
Washington state by licensing home health, hospice, and
home care agencies. This legislation is not intended to unreasonably restrict entry into the in-home service marketplace.
Standards established are intended to be the minimum necessary to ensure safe and competent care, and should be demonstrably related to patient safety and welfare. [1988 c 245 § 1.]
70.127.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Administrator" means an individual responsible for
managing the operation of an agency.
(2) "Department" means the department of health.
(3) "Director of clinical services" means an individual
responsible for nursing, therapy, nutritional, social, and
related services that support the plan of care provided by inhome health and hospice agencies.
(4) "Family" means individuals who are important to,
and designated by, the patient or client and who need not be
relatives.
(5) "Home care agency" means a person administering or
providing home care services directly or through a contract
arrangement to individuals in places of temporary or permanent residence. A home care agency that provides delegated
tasks of nursing under RCW 18.79.260(3)(e) is not considered a home health agency for the purposes of this chapter.
(6) "Home care services" means nonmedical services
and assistance provided to ill, disabled, or vulnerable individuals that enable them to remain in their residences. Home
care services include, but are not limited to: Personal care
such as assistance with dressing, feeding, and personal
hygiene to facilitate self-care; homemaker assistance with
household tasks, such as housekeeping, shopping, meal planning and preparation, and transportation; respite care assistance and support provided to the family; or other nonmedical services or delegated tasks of nursing under RCW
18.79.260(3)(e).
(7) "Home health agency" means a person administering
or providing two or more home health services directly or
through a contract arrangement to individuals in places of
temporary or permanent residence. A person administering
or providing nursing services only may elect to be designated
a home health agency for purposes of licensure.
(8) "Home health services" means services provided to
ill, disabled, or vulnerable individuals. These services
include but are not limited to nursing services, home health
aide services, physical therapy services, occupational therapy
services, speech therapy services, respiratory therapy services, nutritional services, medical social services, and home
medical supplies or equipment services.
(9) "Home health aide services" means services provided
by a home health agency or a hospice agency under the supervision of a registered nurse, physical therapist, occupational
therapist, or speech therapist who is employed by or under
70.127.010
[Title 70 RCW—page 415]
70.127.020
Title 70 RCW: Public Health and Safety
contract to a home health or hospice agency. Such care
includes ambulation and exercise, assistance with selfadministered medications, reporting changes in patients’ conditions and needs, completing appropriate records, and personal care or homemaker services.
(10) "Home medical supplies" or "equipment services"
means diagnostic, treatment, and monitoring equipment and
supplies provided for the direct care of individuals within a
plan of care.
(11) "Hospice agency" means a person administering or
providing hospice services directly or through a contract
arrangement to individuals in places of temporary or permanent residence under the direction of an interdisciplinary
team composed of at least a nurse, social worker, physician,
spiritual counselor, and a volunteer.
(12) "Hospice care center" means a homelike, noninstitutional facility where hospice services are provided, and that
meets the requ irements fo r operation under R CW
70.127.280.
(13) "Hospice services" means symptom and pain management provided to a terminally ill individual, and emotional, spiritual, and bereavement support for the individual
and family in a place of temporary or permanent residence,
and may include the provision of home health and home care
services for the terminally ill individual.
(14) "In-home services agency" means a person licensed
to administer or provide home health, home care, hospice services, or hospice care center services directly or through a
contract arrangement to individuals in a place of temporary
or permanent residence.
(15) "Person" means any individual, business, firm, partnership, corporation, company, association, joint stock association, public or private agency or organization, or the legal
successor thereof that employs or contracts with two or more
individuals.
(16) "Plan of care" means a written document based on
assessment of individual needs that identifies services to
meet these needs.
(17) "Quality improvement" means reviewing and evaluating appropriateness and effectiveness of services provided
under this chapter.
(18) "Service area" means the geographic area in which
the department has given prior approval to a licensee to provide home health, hospice, or home care services.
(19) "Survey" means an inspection conducted by the
department to evaluate and monitor an agency’s compliance
with this chapter. [2003 c 140 § 7; 2000 c 175 § 1; 1999 c 190
§ 1; 1993 c 42 § 1; 1991 c 3 § 373; 1988 c 245 § 2.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Effective date—2000 c 175: "This act takes effect January 1, 2002."
[2000 c 175 § 24.]
Severability—1993 c 42: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1993 c 42 § 14.]
Effective dates—1993 c 42: "(1) Sections 1 through 10 and 12 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and shall take effect June 30, 1993.
(2) Section 11 of this act shall take effect January 1, 1994." [1993 c 42
§ 15.]
[Title 70 RCW—page 416]
70.127.020 Licenses required after July 1, 1990—
Penalties. (1) After July 1, 1990, a license is required for a
person to advertise, operate, manage, conduct, open, or maintain an in-home services agency.
(2) An in-home services agency license is required for a
nursing home, hospital, or other person that functions as a
home health, hospice, hospice care center, or home care
agency.
(3) Any person violating this section is guilty of a misdemeanor. Each day of a continuing violation is a separate violation.
(4) If any corporation conducts any activity for which a
license is required by this chapter without the required
license, it may be punished by forfeiture of its corporate charter.
(5) All fines, forfeitures, and penalties collected or
assessed by a court because of a violation of this section shall
be deposited in the department’s local fee account. [2003 c
53 § 363; 2000 c 175 § 2; 1988 c 245 § 3.]
70.127.020
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.030 Use of certain terms limited to licensees.
It is unlawful for any person to use the words:
(1) "Home health agency," "home health care services,"
"visiting nurse services," "home health," or "home health services" in its corporate or business name, or advertise using
such words unless licensed to provide those services under
this chapter;
(2) "Hospice agency," "hospice," "hospice services,"
"hospice care," or "hospice care center" in its corporate or
business name, or advertise using such words unless licensed
to provide those services under this chapter;
(3) "Home care agency," "home care services," or "home
care" in its corporate or business name, or advertise using
such words unless licensed to provide those services under
this chapter; or
(4) "In-home services agency," "in-home services," or
any similar term to indicate that a person is a home health,
home care, hospice care center, or hospice agency in its corporate or business name, or advertise using such words unless
licensed to provide those services under this chapter. [2000 c
175 § 3; 1988 c 245 § 4.]
70.127.030
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.040 Persons, activities, or entities not subject
to regulation under chapter. The following are not subject
to regulation for the purposes of this chapter:
(1) A family member providing home health, hospice, or
home care services;
(2) A person who provides only meal services in an individual’s permanent or temporary residence;
(3) An individual providing home care through a direct
agreement with a recipient of care in an individual’s permanent or temporary residence;
(4) A person furnishing or delivering home medical supplies or equipment that does not involve the provision of services beyond those necessary to deliver, set up, and monitor
the proper functioning of the equipment and educate the user
on its proper use;
70.127.040
(2006 Ed.)
In-Home Services Agencies
(5) A person who provides services through a contract
with a licensed agency;
(6) An employee or volunteer of a licensed agency who
provides services only as an employee or volunteer;
(7) Facilities and institutions, including but not limited to
nursing homes under chapter 18.51 RCW, hospitals under
chapter 70.41 RCW, adult family homes under chapter
70.128 RCW, boarding homes under chapter 18.20 RCW,
developmental disability residential programs under chapter
71A.12 RCW, other entities licensed under chapter 71.12
RCW, or other licensed facilities and institutions, only when
providing services to persons residing within the facility or
institution;
(8) Local and combined city-county health departments
providing services under chapters 70.05 and 70.08 RCW;
(9) An individual providing care to ill, disabled, or vulnerable individuals through a contract with the department of
social and health services;
(10) Nursing homes, hospitals, or other institutions,
agencies, organizations, or persons that contract with
licensed home health, hospice, or home care agencies for the
delivery of services;
(11) In-home assessments of an ill, disabled, or vulnerable individual that does not result in regular ongoing care at
home;
(12) Services conducted by and for the adherents of a
church or religious denomination that rely upon spiritual
means alone through prayer for healing in accordance with
the tenets and practices of such church or religious denomination and the bona fide religious beliefs genuinely held by
such adherents;
(13) A medicare-approved dialysis center operating a
medicare-approved home dialysis program;
(14) A person providing case management services. For
the purposes of this subsection, "case management" means
the assessment, coordination, authorization, planning, training, and monitoring of home health, hospice, and home care,
and does not include the direct provision of care to an individual;
(15) Pharmacies licensed under RCW 18.64.043 that
deliver prescription drugs and durable medical equipment
that does not involve the use of professional services beyond
those authorized to be performed by licensed pharmacists
pursuant to chapter 18.64 RCW and those necessary to set up
and monitor the proper functioning of the equipment and
educate the person on its proper use;
(16) A volunteer hospice complying with the requirements of RCW 70.127.050; and
(17) A person who provides home care services without
compensation. [2003 c 275 § 3; 2003 c 140 § 8; 2000 c 175
§ 4; 1993 c 42 § 2; 1988 c 245 § 5.]
Reviser’s note: This section was amended by 2003 c 140 § 8 and by
2003 c 275 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 140: See note following RCW 18.79.040.
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
(2006 Ed.)
70.127.080
70.127.041
70.127.041 Home care quality authority not subject
to regulation. The authority established by chapter 3, Laws
of 2002 is not subject to regulation for purposes of this chapter. [2002 c 3 § 13 (Initiative Measure No. 775, approved
November 6, 2001).]
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
70.127.050
70.127.050 Volunteer organizations—Use of phrase
"volunteer hospice." (1) An entity that provides hospice
care without receiving compensation for delivery of any of its
services is exempt from licensure pursuant to RCW
70.127.020(1) if it notifies the department, on forms provided
by the department, of its name, address, name of owner, and
a statement affirming that it provides hospice care without
receiving compensation for delivery of any of its services.
This form must be filed with the department within sixty days
after being informed in writing by the department of this
requirement for obtaining exemption from licensure under
this chapter.
(2) For the purposes of this section, it is not relevant if
the entity compensates its staff. For the purposes of this section, the word "compensation" does not include donations.
(3) Notwithstanding the provisions of RCW
70.127.030(2), an entity that provides hospice care without
receiving compensation for delivery of any of its services is
allowed to use the phrase "volunteer hospice."
(4) Nothing in this chapter precludes an entity providing
hospice care without receiving compensation for delivery of
any of its services from obtaining a hospice license if it so
chooses, but that entity would be exempt from the requirements set forth in RCW 70.127.080(1)(d). [2000 c 175 § 5;
1993 c 42 § 3; 1988 c 245 § 6.]
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.080
70.127.080 Licenses—Application procedure and
requirements. (1) An applicant for an in-home services
agency license shall:
(a) File a written application on a form provided by the
department;
(b) Demonstrate ability to comply with this chapter and
the rules adopted under this chapter;
(c) Cooperate with on-site survey conducted by the
department except as provided in RCW 70.127.085;
(d) Provide evidence of and maintain professional liability, public liability, and property damage insurance in an
amount established by the department, based on industry
standards. This subsection shall not apply to hospice agency
applicants that provide hospice care without receiving compensation for delivery of services;
(e) Provide documentation of an organizational structure, and the identity of the applicant, officers, administrator,
directors of clinical services, partners, managing employees,
or owners of ten percent or more of the applicant’s assets;
(f) File with the department for approval a description of
the service area in which the applicant will operate and a
description of how the applicant intends to provide management and supervision of services throughout the service area.
The department shall adopt rules necessary to establish crite[Title 70 RCW—page 417]
70.127.085
Title 70 RCW: Public Health and Safety
ria for approval that are related to appropriate management
and supervision of services throughout the service area. In
developing the rules, the department may not establish criteria that:
(i) Limit the number or type of agencies in any service
area; or
(ii) Limit the number of persons any agency may serve
within its service area unless the criteria are related to the
need for trained and available staff to provide services within
the service area;
(g) File with the department a list of the home health,
hospice, and home care services provided directly and under
contract;
(h) Pay to the department a license fee as provided in
RCW 70.127.090;
(i) Comply with RCW 43.43.830 through 43.43.842 for
criminal background checks; and
(j) Provide any other information that the department
may reasonably require.
(2) A certificate of need under chapter 70.38 RCW is not
required for licensure except for the operation of a hospice
care center. [2000 c 175 § 6; 1999 c 190 § 2; 1993 c 42 § 4;
1988 c 245 § 9.]
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.085
70.127.085 State licensure survey. (1) Notwithstanding the provisions of RCW 70.127.080(1)(c), an in-home services agency that is certified by the federal medicare program, or accredited by the community health accreditation
program, or the joint commission on accreditation of health
care organizations as a home health or hospice agency is not
subject to a state licensure survey if:
(a) The department determines that the applicable survey
standards of the certification or accreditation program are
substantially equivalent to those required by this chapter;
(b) An on-site survey has been conducted for the purposes of certification or accreditation during the previous
twenty-four months; and
(c) The department receives directly from the certifying
or accrediting entity or from the licensee applicant copies of
the initial and subsequent survey reports and other relevant
reports or findings that indicate compliance with licensure
requirements.
(2) Notwithstanding the provisions of RCW
70.127.080(1)(c), an in-home services agency providing services under contract with the department of social and health
services or area agency on aging to provide home care services and that is monitored by the department of social and
health services or area agency on aging is not subject to a
state licensure survey by the department of health if:
(a) The department determines that the department of
social and health services or an area agency on aging monitoring standards are substantially equivalent to those required
by this chapter;
(b) An on-site monitoring has been conducted by the
department of social and health services or an area agency on
aging during the previous twenty-four months;
[Title 70 RCW—page 418]
(c) The department of social and health services or an
area agency on aging includes in its monitoring a sample of
private pay clients, if applicable; and
(d) The department receives directly from the department of social and health services copies of monitoring
reports and other relevant reports or findings that indicate
compliance with licensure requirements.
(3) The department retains authority to survey those services areas not addressed by the national accrediting body,
department of social and health services, or an area agency on
aging.
(4) In reviewing the federal, the joint commission on
accreditation of health care organizations, the community
health accreditation program, or the department of social and
health services survey standards for substantial equivalency
to those set forth in this chapter, the department is directed to
provide the most liberal interpretation consistent with the
intent of this chapter. In the event the department determines
at any time that the survey standards are not substantially
equivalent to those required by this chapter, the department is
directed to notify the affected licensees. The notification shall
contain a detailed description of the deficiencies in the alternative survey process, as well as an explanation concerning
the risk to the consumer. The determination of substantial
equivalency for alternative survey process and lack of substantial equivalency are agency actions and subject to RCW
34.05.210 through 34.05.395 and 34.05.510 through
34.05.675.
(5) The department is authorized to perform a validation
survey on in-home services agencies who previously
received a survey through accreditation or contracts with the
department of social and health services or an area agency on
aging under subsection (2) of this section. The department is
authorized to perform a validation survey on no greater than
ten percent of each type of certification or accreditation survey.
(6) This section does not affect the department’s enforcement authority for licensed agencies. [2000 c 175 § 7; 1993
c 42 § 11.]
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.090
70.127.090 License or renewal—Fees—Sliding scale.
(1) Application and renewal fee: An application for a license
or any renewal shall be accompanied by a fee as established
by the department under RCW 43.70.250. The department
shall adopt by rule licensure fees based on a sliding scale
using such factors as the number of agency full-time equivalents, geographic area served, number of locations, or type
and volume of services provided. For agencies receiving a
licensure survey that requires more than two on-site surveys
by the department per licensure period, an additional fee as
determined by the department by rule shall be charged for
each additional on-site survey. The department may set different licensure fees for each licensure category. Agencies
receiving a license without necessity of an on-site survey by
the department under this chapter shall pay the same licensure or transfer fee as other agencies in their licensure category.
(2006 Ed.)
In-Home Services Agencies
(2) Change of ownership fee: The department shall
charge a reasonable fee for processing changes in ownership.
The fee for transfer of ownership may not exceed fifty percent of the base licensure fee.
(3) Late fee: The department may establish a late fee for
failure to apply for licensure or renewal as required by this
chapter. [2000 c 175 § 8; 1999 c 190 § 3; 1993 c 42 § 5; 1988
c 245 § 10.]
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.100 Licenses—Issuance—Prerequisites—
Transfer or assignment—Surveys. Upon receipt of an
application under RCW 70.127.080 for a license and the
license fee, the department shall issue a license if the applicant meets the requirements established under this chapter. A
license issued under this chapter shall not be transferred or
assigned without thirty days prior notice to the department
and the department’s approval. A license, unless suspended
or revoked, is effective for a period of two years, however an
initial license is only effective for twelve months. The department shall conduct a survey within each licensure period and
may conduct a licensure survey after ownership transfer.
[2000 c 175 § 9; 1993 c 42 § 6; 1988 c 245 § 11.]
70.127.100
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.120 Rules for recordkeeping, services, staff
and volunteer policies, complaints. The department shall
adopt rules consistent with RCW 70.127.005 necessary to
implement this chapter under chapter 34.05 RCW. In order
to ensure safe and adequate care, the rules shall address at a
minimum the following:
(1) Maintenance and preservation of all records relating
directly to the care and treatment of individuals by licensees;
(2) Establishment and implementation of a procedure for
the receipt, investigation, and disposition of complaints
regarding services provided;
(3) Establishment and implementation of a plan for
ongoing care of individuals and preservation of records if the
licensee ceases operations;
(4) Supervision of services;
(5) Establishment and implementation of written policies
regarding response to referrals and access to services;
(6) Establishment and implementation of written personnel policies, procedures and personnel records for paid staff
that provide for prehire screening, minimum qualifications,
regular performance evaluations, including observation in the
home, participation in orientation and in-service training, and
involvement in quality improvement activities. The department may not establish experience or other qualifications for
agency personnel or contractors beyond that required by state
law;
(7) Establishment and implementation of written policies
and procedures for volunteers who have direct patient/client
contact and that provide for background and health screening,
orientation, and supervision;
(8) Establishment and implementation of written policies
for obtaining regular reports on patient satisfaction;
70.127.120
(2006 Ed.)
70.127.140
(9) Establishment and implementation of a quality
improvement process;
(10) Establishment and implementation of policies
related to the delivery of care including:
(a) Plan of care for each individual served;
(b) Periodic review of the plan of care;
(c) Supervision of care and clinical consultation as necessary;
(d) Care consistent with the plan;
(e) Admission, transfer, and discharge from care; and
(f) For hospice services:
(i) Availability of twenty-four hour seven days a week
hospice registered nurse consultation and in-home services as
appropriate;
(ii) Interdisciplinary team communication as appropriate
and necessary; and
(iii) The use and availability of volunteers to provide
family support and respite care; and
(11) Establishment and implementation of policies
related to agency implementation and oversight of nurse delegation as defined in RCW 18.79.260(3)(e). [2003 c 140 § 9;
2000 c 175 § 10; 1993 c 42 § 8; 1988 c 245 § 13.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.125 Interpretive guidelines for services. The
department is directed to continue to develop, with opportunity for comment from licensees, interpretive guidelines that
are specific to each type of service and consistent with legislative intent. [2000 c 175 § 11; 1993 c 42 § 7.]
70.127.125
Effective date—2000 c 175: See note following RCW 70.127.010.
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.130 Legend drugs and controlled substances—Rules. Licensees shall conform to the standards of
RCW 69.41.030 and 69.50.308. Rules adopted by the department concerning the use of legend drugs or controlled substances shall reference and be consistent with board of pharmacy rules. [1993 c 42 § 9; 1988 c 245 § 14.]
70.127.130
Severability—Effective dates—1993 c 42: See notes following RCW
70.127.010.
70.127.140 Bill of rights—Billing statements. (1) An
in-home services agency shall provide each individual or designated representative with a written bill of rights affirming
each individual’s right to:
(a) A listing of the in-home services offered by the inhome services agency and those being provided;
(b) The name of the individual supervising the care and
the manner in which that individual may be contacted;
(c) A description of the process for submitting and
addressing complaints;
(d) Submit complaints without retaliation and to have the
complaint addressed by the agency;
(e) Be informed of the state complaint hotline number;
(f) A statement advising the individual or representative
of the right to ongoing participation in the development of the
plan of care;
70.127.140
[Title 70 RCW—page 419]
70.127.150
Title 70 RCW: Public Health and Safety
(g) A statement providing that the individual or representative is entitled to information regarding access to the
department’s listing of providers and to select any licensee to
provide care, subject to the individual’s reimbursement
mechanism or other relevant contractual obligations;
(h) Be treated with courtesy, respect, privacy, and freedom from abuse and discrimination;
(i) Refuse treatment or services;
(j) Have property treated with respect;
(k) Privacy of personal information and confidentiality
of health care records;
(l) Be cared for by properly trained staff with coordination of services;
(m) A fully itemized billing statement upon request,
including the date of each service and the charge. Licensees
providing services through a managed care plan shall not be
required to provide itemized billing statements; and
(n) Be informed about advanced directives and the
agency’s responsibility to implement them.
(2) An in-home services agency shall ensure rights under
this section are implemented and updated as appropriate.
[2000 c 175 § 12; 1988 c 245 § 15.]
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.150
70.127.150 Durable power of attorney—Prohibition
for licensees, contractees, or employees. No licensee, contractee, or employee may hold a durable power of attorney on
behalf of any individual who is receiving care from the licensee. [2000 c 175 § 13; 1988 c 245 § 16.]
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.170
70.127.170 Licenses—Denial, restriction, conditions,
modification, suspension, revocation—Civil penalties.
Pursuant to chapter 34.05 RCW and RCW 70.127.180(3), the
department may deny, restrict, condition, modify, suspend, or
revoke a license under this chapter or, in lieu thereof or in
addition thereto, assess monetary penalties of a civil nature
not to exceed one thousand dollars per violation, or require a
refund of any amounts billed to, and collected from, the consumer or third-party payor in any case in which it finds that
the licensee, or any applicant, officer, director, partner, managing employee, or owner of ten percent or more of the applicant’s or licensee’s assets:
(1) Failed or refused to comply with the requirements of
this chapter or the standards or rules adopted under this chapter;
(2) Was the holder of a license issued pursuant to this
chapter that was revoked for cause and never reissued by the
department, or that was suspended for cause and the terms of
the suspension have not been fulfilled and the licensee has
continued to operate;
(3) Has knowingly or with reason to know made a misrepresentation of, false statement of, or failed to disclose, a
material fact to the department in an application for the
license or any data attached thereto or in any record required
by this chapter or matter under investigation by the department, or during a survey, or concerning information
requested by the department;
[Title 70 RCW—page 420]
(4) Refused to allow representatives of the department to
inspect any book, record, or file required by this chapter to be
maintained or any portion of the licensee’s premises;
(5) Willfully prevented, interfered with, or attempted to
impede in any way the work of any representative of the
department and the lawful enforcement of any provision of
this chapter. This includes but is not limited to: Willful misrepresentation of facts during a survey, investigation, or
administrative proceeding or any other legal action; or use of
threats or harassment against any patient, client, or witness,
or use of financial inducements to any patient, client, or witness to prevent or attempt to prevent him or her from providing evidence during a survey or investigation, in an administrative proceeding, or any other legal action involving the
department;
(6) Willfully prevented or interfered with any representative of the department in the preservation of evidence of
any violation of this chapter or the rules adopted under this
chapter;
(7) Failed to pay any civil monetary penalty assessed by
the department pursuant to this chapter within ten days after
the assessment becomes final;
(8) Used advertising that is false, fraudulent, or misleading;
(9) Has repeated incidents of personnel performing services beyond their authorized scope of practice;
(10) Misrepresented or was fraudulent in any aspect of
the conduct of the licensee’s business;
(11) Within the last five years, has been found in a civil
or criminal proceeding to have committed any act that reasonably relates to the person’s fitness to establish, maintain,
or administer an agency or to provide care in the home of
another;
(12) Was the holder of a license to provide care or treatment to ill, disabled, or vulnerable individuals that was
denied, restricted, not renewed, surrendered, suspended, or
revoked by a competent authority in any state, federal, or foreign jurisdiction. A certified copy of the order, stipulation, or
agreement is conclusive evidence of the denial, restriction,
nonrenewal, surrender, suspension, or revocation;
(13) Violated any state or federal statute, or administrative rule regulating the operation of the agency;
(14) Failed to comply with an order issued by the secretary or designee;
(15) Aided or abetted the unlicensed operation of an inhome services agency;
(16) Operated beyond the scope of the in-home services
agency license;
(17) Failed to adequately supervise staff to the extent
that the health or safety of a patient or client was at risk;
(18) Compromised the health or safety of a patient or client, including, but not limited to, the individual performing
services beyond their authorized scope of practice;
(19) Continued to operate after license revocation, suspension, or expiration, or operating outside the parameters of
a modified, conditioned, or restricted license;
(20) Failed or refused to comply with chapter 70.02
RCW;
(21) Abused, neglected, abandoned, or financially
exploited a patient or client as these terms are defined in
RCW 74.34.020;
(2006 Ed.)
In-Home Services Agencies
(22) Misappropriated the property of an individual;
(23) Is unqualified or unable to operate or direct the
operation of the agency according to this chapter and the
rules adopted under this chapter;
(24) Obtained or attempted to obtain a license by fraudulent means or misrepresentation; or
(25) Failed to report abuse or neglect of a patient or client in violation of chapter 74.34 RCW. [2003 c 140 § 10;
2000 c 175 § 14; 1988 c 245 § 18.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.180
70.127.180 Surveys and in-home visits—Notice of
violations—Enforcement action. (1) The department may
at any time conduct a survey of all records and operations of
a licensee in order to determine compliance with this chapter.
The department may conduct in-home visits to observe
patient/client care and services. The right to conduct a survey
shall extend to any premises and records of persons whom the
department has reason to believe are providing home health,
hospice, or home care services without a license.
(2) Following a survey, the department shall give written
notice of any violation of this chapter or the rules adopted
under this chapter. The notice shall describe the reasons for
noncompliance.
(3) The licensee may be subject to formal enforcement
action under RCW 70.127.170 if the department determines:
(a) The licensee has previously been subject to a formal
enforcement action for the same or similar type of violation
of the same statute or rule, or has been given previous notice
of the same or similar type of violation of the same statute or
rule; (b) the licensee failed to achieve compliance with a statute, rule, or order by the date established in a previously
issued notice or order; (c) the violation resulted in actual serious physical or emotional harm or immediate threat to the
health, safety, welfare, or rights of one or more individuals;
or (d) the violation has a potential for serious physical or
emotional harm or immediate threat to the health, safety, welfare, or rights of one or more individuals. [2000 c 175 § 15;
1988 c 245 § 19.]
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.190
70.127.190 Disclosure of compliance information.
All information received by the department through filed
reports, surveys, and in-home visits conducted under this
chapter shall not be disclosed publicly in any manner that
would identify individuals receiving care under this chapter.
[2000 c 175 § 16; 1988 c 245 § 20.]
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.200
70.127.200 Unlicensed agencies—Department may
seek injunctive or other relief—Injunctive relief does not
prohibit criminal or civil penalties—Fines. (1) Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law and upon the
advice of the attorney general, who shall represent the department in the proceedings, maintain an action in the name of
the state for an injunction or other process against any person
to restrain or prevent the advertising, operating, maintaining,
managing, or opening of a home health, hospice, hospice care
(2006 Ed.)
70.127.213
center, or home care agency without an in-home services
agency license under this chapter.
(2) The injunction shall not relieve the person operating
an in-home services agency without a license from criminal
prosecution, or the imposition of a civil fine under RCW
70.127.213(2), but the remedy by injunction shall be in addition to any criminal liability or civil fine. A person that violates an injunction issued under this chapter shall pay a civil
penalty, as determined by the court, of not more than twentyfive thousand dollars, which shall be deposited in the department’s local fee account. For the purpose of this section, the
superior court issuing any injunction shall retain jurisdiction
and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for
the recovery of civil penalties. All fines, forfeitures, and penalties collected or assessed by a court because of a violation
of RCW 70.127.020 shall be deposited in the department’s
local fee account. [2000 c 175 § 17; 1988 c 245 § 21.]
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.213
70.127.213 Unlicensed operation of an in-home services agency—Cease and desist orders—Adjudicative
proceedings—Fines. (1) The department may issue a notice
of intention to issue a cease and desist order to any person
whom the department has reason to believe is engaged in the
unlicensed operation of an in-home services agency. The person to whom the notice of intent is issued may request an
adjudicative proceeding to contest the charges. The request
for hearing must be filed within twenty days after service of
the notice of intent to issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the
department may enter a permanent cease and desist order,
which may include a civil fine. All proceedings shall be conducted in accordance with chapter 34.05 RCW.
(2) If the department makes a final determination that a
person has engaged or is engaging in unlicensed operation of
an in-home services agency, the department may issue a
cease and desist order. In addition, the department may
impose a civil fine in an amount not exceeding one thousand
dollars for each day upon which the person engaged in unlicensed operation of an in-home services agency. The proceeds of such fines shall be deposited in the department’s
local fee account.
(3) If the department makes a written finding of fact that
the public interest will be irreparably harmed by delay in
issuing an order, the department may issue a temporary cease
and desist order. The person receiving a temporary cease and
desist order shall be provided an opportunity for a prompt
hearing. The temporary cease and desist order shall remain in
effect until further order of the department. The failure to
request a prompt or regularly scheduled hearing constitutes a
default, whereupon the department may enter a permanent
cease and desist order, which may include a civil fine.
(4) Neither the issuance of a cease and desist order nor
payment of a civil fine shall relieve the person so operating
an in-home services agency without a license from criminal
prosecution, but the remedy of a cease and desist order or
civil fine shall be in addition to any criminal liability. The
cease and desist order is conclusive proof of unlicensed operation and may be enforced under RCW 7.21.060. This
[Title 70 RCW—page 421]
70.127.216
Title 70 RCW: Public Health and Safety
method of enforcement of the cease and desist order or civil
fine may be used in addition to, or as an alternative to, any
provisions for enforcement of agency orders set out in chapter 34.05 RCW. [2000 c 175 § 19.]
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.216
70.127.216 Unlicensed operation of an in-home services agency—Consumer protection act. The legislature
finds that the operation of an in-home services agency without a license in violation of this chapter is a matter vitally
affecting the public interest for the purpose of applying the
consumer protection act, chapter 19.86 RCW. Operation of
an in-home services agency without a license in violation of
this chapter is not reasonable in relation to the development
and preservation of business. Such a violation is an unfair or
deceptive act in trade or commerce and an unfair method of
competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. [2000 c 175 § 20.]
Effective date—2000 c 175: See note following RCW 70.127.010.
(e) A registered nurse present twenty-four hours a day,
seven days a week for hospice care centers delivering general
inpatient services.
(3) Hospice agencies which as of January 1, 2000, operate the functional equivalent of a hospice care center through
licensure as a hospital, under chapter 70.41 RCW, shall be
exempt from the certificate of need requirement for hospice
care centers if they apply for and receive a license as an inhome services agency to operate a hospice home care center
by July 1, 2002. [2000 c 175 § 21.]
Effective date—2000 c 175: See note following RCW 70.127.010.
70.127.902 Severability—1988 c 245. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1988 c 245 § 39.]
70.127.902
Chapter 70.128
70.127.280
70.127.280 Hospice care centers—Applicants—
Rules. (1) Applicants desiring to operate a hospice care center are subject to the following:
(a) The application may only be made by a licensed hospice agency. The agency shall list which of the following service categories will be provided:
(i) General inpatient care;
(ii) Continuous home care;
(iii) Routine home care; or
(iv) Inpatient respite care;
(b) A certificate of need is required under chapter 70.38
RCW;
(c) A hospice agency may operate more than one hospice
care center in its service area;
(d) For hospice agencies that operate a hospice care center, no more than forty-nine percent of patient care days, in
the aggregate on a biennial basis, may be provided in the hospice care center;
(e) The maximum number of beds in a hospice care center is twenty;
(f) The maximum number of individuals per room is one,
unless the individual requests a roommate;
(g) A hospice care center may either be owned or leased
by a hospice agency. If the agency leases space, all delivery
of interdisciplinary services, to include staffing and management, shall be done by the hospice agency; and
(h) A hospice care center may either be freestanding or a
separate portion of another building.
(2) The department is authorized to develop rules to
implement this section. The rules shall be specific to each
hospice care center service category provided. The rules shall
at least specifically address the following:
(a) Adequate space for family members to visit, meet,
cook, share meals, and stay overnight with patients or clients;
(b) A separate external entrance, clearly identifiable to
the public when part of an existing structure;
(c) Construction, maintenance, and operation of a hospice care center;
(d) Means to inform the public which hospice care center
service categories are provided; and
[Title 70 RCW—page 422]
Chapter 70.128 RCW
ADULT FAMILY HOMES
Sections
70.128.005
70.128.007
70.128.010
70.128.030
70.128.040
70.128.050
70.128.055
70.128.057
70.128.058
70.128.060
70.128.064
70.128.065
70.128.070
70.128.080
70.128.090
70.128.100
70.128.105
70.128.110
70.128.120
70.128.122
70.128.125
70.128.130
70.128.135
70.128.140
70.128.150
70.128.160
70.128.163
70.128.167
70.128.170
70.128.175
70.128.200
70.128.210
70.128.220
70.128.225
70.128.230
70.128.240
70.128.250
70.128.900
Findings—Intent.
Purpose.
Definitions.
Exemptions.
Adoption of rules and standards.
License—Required as of July 1, 1990.
Operating without a license—Misdemeanor.
Operating without a license—Injunction or civil penalty.
Operating without a license—Application of consumer protection act.
License—Generally.
Priority processing for license applications—Provisional
license.
Multiple facility operators—Requirements.
License—Inspections—Correction of violations.
License and inspection report—Availability for review.
Inspections—Generally.
Immediate suspension of license when conditions warrant.
Injunction if conditions warrant.
Prohibition against recommending unlicensed home—Report
and investigation of unlicensed home.
Adult family home provider, resident manager—Minimum
qualifications.
Adult family homes licensed by Indian tribes.
Resident rights.
Adult family homes—Requirements.
Compliance with chapter 70.24 RCW.
Compliance with local codes and state and local fire safety
regulations.
Adult family homes to work with local quality assurance
projects—Interference with representative of ombudsman
program—Penalty.
Department authority to take actions in response to noncompliance or violations.
Temporary management program—Purposes—Voluntary participation—Temporary management duties, duration—
Rules.
Disputed violations, enforcement remedies—Informal dispute
resolution process.
Homes relying on prayer for healing—Application of chapter.
Definitions.
Toll-free telephone number for complaints—Discrimination
or retaliation prohibited.
Training standards review—Delivery system—Issues
reviewed—Report to the legislature.
Elder care—Professionalization of providers.
Advisory committee.
Long-term caregiver training.
Approval system—Department-approved training—Adoption
of rules.
Required training and continuing education—Food safety
training and testing.
Severability—1989 c 427.
(2006 Ed.)
Adult Family Homes
70.128.005
70.128.005 Findings—Intent. The legislature finds
that adult family homes are an important part of the state’s
long-term care system. Adult family homes provide an alternative to institutional care and promote a high degree of independent living for residents. Persons with functional limitations have broadly varying service needs. Adult family
homes that can meet those needs are an essential component
of a long-term system. The legislature further finds that different populations living in adult family homes, such as the
developmentally disabled and the elderly, often have significantly different needs and capacities from one another.
It is the legislature’s intent that department rules and policies relating to the licensing and operation of adult family
homes recognize and accommodate the different needs and
capacities of the various populations served by the homes.
Furthermore, the development and operation of adult family
homes that can provide quality personal care and special care
services should be encouraged.
The legislature finds that many residents of communitybased long-term care facilities are vulnerable and their health
and well-being are dependent on their caregivers. The quality, skills, and knowledge of their caregivers are the key to
good care. The legislature finds that the need for well-trained
caregivers is growing as the state’s population ages and residents’ needs increase. The legislature intends that current
training standards be enhanced.
The legislature finds that the state of Washington has a
compelling interest in protecting and promoting the health,
welfare, and safety of vulnerable adults residing in adult family homes. The health, safety, and well-being of vulnerable
adults must be the paramount concern in determining
whether to issue a license to an applicant, whether to suspend
or revoke a license, or whether to take other licensing actions.
[2001 c 319 § 1; 2000 c 121 § 4; 1995 c 260 § 1; 1989 c 427
§ 14.]
70.128.040
70.128.010
70.128.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Adult family home" means a residential home in
which a person or persons provide personal care, special care,
room, and board to more than one but not more than six
adults who are not related by blood or marriage to the person
or persons providing the services.
(2) "Provider" means any person who is licensed under
this chapter to operate an adult family home. For the purposes
of this section, "person" means any individual, partnership,
corporation, association, or limited liability company.
(3) "Department" means the department of social and
health services.
(4) "Resident" means an adult in need of personal or special care in an adult family home who is not related to the provider.
(5) "Adults" means persons who have attained the age of
eighteen years.
(6) "Home" means an adult family home.
(7) "Imminent danger" means serious physical harm to
or death of a resident has occurred, or there is a serious threat
to resident life, health, or safety.
(8) "Special care" means care beyond personal care as
defined by the department, in rule.
(9) "Capacity" means the maximum number of persons
in need of personal or special care permitted in an adult family home at a given time. This number shall include related
children or adults in the home and who received special care.
(10) "Resident manager" means a person employed or
designated by the provider to manage the adult family home.
[2001 c 319 § 6; 2001 c 319 § 2; 1995 c 260 § 2; 1989 c 427
§ 16.]
Reviser’s note: This section was amended by 2001 c 319 § 2 and by
2001 c 319 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
70.128.007
70.128.007 Purpose. The purposes of this chapter are
to:
(1) Encourage the establishment and maintenance of
adult family homes that provide a humane, safe, and residential home environment for persons with functional limitations
who need personal and special care;
(2) Establish standards for regulating adult family homes
that adequately protect residents;
(3) Encourage consumers, families, providers, and the
public to become active in assuring their full participation in
development of adult family homes that provide high quality
and cost-effective care;
(4) Provide for appropriate care of residents in adult family homes by requiring that each resident have a care plan that
promotes the most appropriate level of physical, mental, and
psychosocial well-being consistent with client choice; and
(5) Accord each resident the right to participate in the
development of the care plan and in other major decisions
involving the resident and their care. [2001 c 319 § 5; 1995
1st sp.s. c 18 § 19; 1989 c 427 § 15.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
(2006 Ed.)
70.128.030
70.128.030 Exemptions. The following residential
facilities shall be exempt from the operation of this chapter:
(1) Nursing homes licensed under chapter 18.51 RCW;
(2) Boarding homes licensed under chapter 18.20 RCW;
(3) Facilities approved and certified under chapter
71A.22 RCW;
(4) Residential treatment centers for the mentally ill
licensed under chapter 71.24 RCW;
(5) Hospitals licensed under chapter 70.41 RCW;
(6) Homes for the developmentally disabled licensed
under chapter 74.15 RCW. [1989 c 427 § 17.]
70.128.040
70.128.040 Adoption of rules and standards. (1) The
department shall adopt rules and standards with respect to
adult family homes and the operators thereof to be licensed
under this chapter to carry out the purposes and requirements
of this chapter. The rules and standards relating to applicants
and operators shall address the differences between individual providers and providers that are partnerships, corporations, associations, or companies. The rules and standards
shall also recognize and be appropriate to the different needs
and capacities of the various populations served by adult
family homes such as but not limited to the developmentally
[Title 70 RCW—page 423]
70.128.050
Title 70 RCW: Public Health and Safety
disabled and the elderly. In developing rules and standards
the department shall recognize the residential family-like
nature of adult family homes and not develop rules and standards which by their complexity serve as an overly restrictive
barrier to the development of the adult family homes in the
state. Procedures and forms established by the department
shall be developed so they are easy to understand and comply
with. Paper work requirements shall be minimal. Easy to
understand materials shall be developed for applicants and
providers explaining licensure requirements and procedures.
(2) In developing the rules and standards, the department
shall consult with all divisions and administrations within the
department serving the various populations living in adult
family homes, including the division of developmental disabilities and the aging and adult services administration.
Involvement by the divisions and administration shall be for
the purposes of assisting the department to develop rules and
standards appropriate to the different needs and capacities of
the various populations served by adult family homes. During
the initial stages of development of proposed rules, the
department shall provide notice of development of the rules
to organizations representing adult family homes and their
residents, and other groups that the department finds appropriate. The notice shall state the subject of the rules under
consideration and solicit written recommendations regarding
their form and content.
(3) Except where provided otherwise, chapter 34.05
RCW shall govern all department rule-making and adjudicative activities under this chapter. [1995 c 260 § 3; 1989 c 427
§ 18.]
70.128.050
70.128.050 License—Required as of July 1, 1990.
After July 1, 1990, no person shall operate or maintain an
adult family home in this state without a license under this
chapter. [1989 c 427 § 19.]
70.128.055
70.128.055 Operating without a license—Misdemeanor. A person operating or maintaining an adult family
home without a license under this chapter is guilty of a misdemeanor. Each day of a continuing violation after conviction is considered a separate offense. [1991 c 40 § 1.]
70.128.057
70.128.057 Operating without a license—Injunction
or civil penalty. Notwithstanding the existence or use of any
other remedy, the department may, in the manner provided
by law, upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action
in the name of the state for an injunction, civil penalty, or
other process against a person to restrain or prevent the operation or maintenance of an adult family home without a
license under this chapter. [1995 1st sp.s. c 18 § 20; 1991 c
40 § 2.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.058
70.128.058 Operating without a license—Application
of consumer protection act. The legislature finds that the
operation of an adult family home without a license in violation of this chapter is a matter vitally affecting the public
interest for the purpose of applying the consumer protection
[Title 70 RCW—page 424]
act, chapter 19.86 RCW. Operation of an adult family home
without a license in violation of this chapter is not reasonable
in relation to the development and preservation of business.
Such a violation is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of
applying the consumer protection act, chapter 19.86 RCW.
[1995 1st sp.s. c 18 § 21.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.060
70.128.060 License—Generally. (1) An application
for license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires.
(2) Subject to the provisions of this section, the department shall issue a license to an adult family home if the
department finds that the applicant and the home are in compliance with this chapter and the rules adopted under this
chapter, unless (a) the applicant or a person affiliated with the
applicant has prior violations of this chapter relating to the
adult family home subject to the application or any other
adult family home, or of any other law regulating residential
care facilities within the past five years that resulted in revocation, suspension, or nonrenewal of a license or contract
with the department; or (b) the applicant or a person affiliated
with the applicant has a history of significant noncompliance
with federal, state, or local laws, rules, or regulations relating
to the provision of care or services to vulnerable adults or to
children. A person is considered affiliated with an applicant
if the person is listed on the license application as a partner,
officer, director, resident manager, or majority owner of the
applying entity, or is the spouse of the applicant.
(3) The license fee shall be submitted with the application.
(4) The department shall serve upon the applicant a copy
of the decision granting or denying an application for a
license. An applicant shall have the right to contest denial of
his or her application for a license as provided in chapter
34.05 RCW by requesting a hearing in writing within twentyeight days after receipt of the notice of denial.
(5) The department shall not issue a license to a provider
if the department finds that the provider or spouse of the provider or any partner, officer, director, managerial employee,
or majority owner has a history of significant noncompliance
with federal or state regulations, rules, or laws in providing
care or services to vulnerable adults or to children.
(6) The department shall license an adult family home
for the maximum level of care that the adult family home
may provide. The department shall define, in rule, license
levels based upon the education, training, and caregiving
experience of the licensed provider or staff.
(7) The department shall establish, by rule, standards
used to license nonresident providers and multiple facility
operators.
(8) The department shall establish, by rule, for multiple
facility operators educational standards substantially equivalent to recognized national certification standards for residential care administrators.
(9) The license fee shall be set at fifty dollars per year for
each home. A fifty dollar processing fee shall also be
charged each home when the home is initially licensed.
(2006 Ed.)
Adult Family Homes
(10) A provider who receives notification of the department’s initiation of a denial, suspension, nonrenewal, or
revocation of an adult family home license may, in lieu of
appealing the department’s action, surrender or relinquish the
license. The department shall not issue a new license to or
contract with the provider, for the purposes of providing care
to vulnerable adults or children, for a period of twenty years
following the surrendering or relinquishment of the former
license. The licensing record shall indicate that the provider
relinquished or surrendered the license, without admitting the
violations, after receiving notice of the department’s initiation of a denial, suspension, nonrenewal, or revocation of a
license.
(11) The department shall establish, by rule, the circumstances requiring a change in the licensed provider, which
include, but are not limited to, a change in ownership or control of the adult family home or provider, a change in the provider’s form of legal organization, such as from sole proprietorship to partnership or corporation, and a dissolution or
merger of the licensed entity with another legal organization.
The new provider is subject to the provisions of this chapter,
the rules adopted under this chapter, and other applicable
law. In order to ensure that the safety of residents is not compromised by a change in provider, the new provider is
responsible for correction of all violations that may exist at
the time of the new license. [2004 c 140 § 3; 2001 c 193 § 9;
1995 c 260 § 4; 1989 c 427 § 20.]
70.128.064
70.128.064 Priority processing for license applications—Provisional license. In order to prevent disruption to
current residents, at the request of the current licensed provider, the department shall give processing priority to the
application of a person seeking to be licensed as the new provider for the adult family home. The department may issue a
provisional license when a currently licensed adult family
home provider has applied to be licensed as the new provider
for a currently licensed adult family home, the application
has been initially processed, and all that remains to complete
the application process is an on-site inspection. [2001 c 319
§ 10.]
70.128.065
70.128.065 Multiple facility operators—Requirements. A multiple facility operator must successfully demonstrate to the department financial solvency and management experience for the homes under its ownership and the
ability to meet other relevant safety, health, and operating
standards pertaining to the operation of multiple homes,
including ways to mitigate the potential impact of vehicular
traffic related to the operation of the homes. [1996 c 81 § 6.]
Reviser’s note: 1996 c 81 directed that this section be added to chapter
18.48 RCW. However, it appears that placement is erroneous and the appropriate placement is in chapter 70.128 RCW.
Effective date—1996 c 81: See note following RCW 70.128.120.
70.128.070
70.128.070 License—Inspections—Correction of violations. (1) A license shall remain valid unless voluntarily
surrendered, suspended, or revoked in accordance with this
chapter.
(2)(a) Homes applying for a license shall be inspected at
the time of licensure.
(2006 Ed.)
70.128.090
(b) Homes licensed by the department shall be inspected
at least every eighteen months, subject to available funds.
However, an adult family home may be allowed to continue
without inspection for two years if the adult family home had
no inspection citations for the past three consecutive inspections and has received no written notice of violations resulting from complaint investigations during that same time
period.
(c) The department may make an unannounced inspection of a licensed home at any time to assure that the home
and provider are in compliance with this chapter and the rules
adopted under this chapter.
(3) If the department finds that the home is not in compliance with this chapter, it shall require the home to correct
any violations as provided in this chapter. [2004 c 143 § 1;
1998 c 272 § 4; 1995 1st sp.s. c 18 § 22; 1989 c 427 § 22.]
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.080
70.128.080 License and inspection report—Availability for review. An adult family home shall have readily
available for review by the department, residents, and the
public:
(1) Its license to operate; and
(2) A copy of each inspection report received by the
home from the department for the past three years. [1995 1st
sp.s. c 18 § 23; 1989 c 427 § 21.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.090
70.128.090 Inspections—Generally. (1) During
inspections of an adult family home, the department shall
have access and authority to examine areas and articles in the
home used to provide care or support to residents, including
residents’ records, accounts, and the physical premises,
including the buildings, grounds, and equipment. The personal records of the provider are not subject to department
inspection nor is the separate bedroom of the provider, not
used in direct care of a client, subject to review. The department may inspect all rooms during the initial licensing of the
home. However, during a complaint investigation, the department shall have access to the entire premises and all pertinent
records when necessary to conduct official business. The
department also shall have the authority to interview the provider and residents of an adult family home.
(2) Whenever an inspection is conducted, the department
shall prepare a written report that summarizes all information
obtained during the inspection, and if the home is in violation
of this chapter, serve a copy of the inspection report upon the
provider at the same time as a notice of violation. This notice
shall be mailed to the provider within ten working days of the
completion of the inspection process. If the home is not in
violation of this chapter, a copy of the inspection report shall
be mailed to the provider within ten calendar days of the
inspection of the home. All inspection reports shall be made
available to the public at the department during business
hours.
(3) The provider shall develop corrective measures for
any violations found by the department’s inspection. The
[Title 70 RCW—page 425]
70.128.100
Title 70 RCW: Public Health and Safety
department shall upon request provide consultation and technical assistance to assist the provider in developing effective
corrective measures. The department shall include a statement of the provider’s corrective measures in the department’s inspection report. [2001 c 319 § 7; 1995 1st sp.s. c 18
§ 24; 1989 c 427 § 30.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.100
70.128.100 Immediate suspension of license when
conditions warrant. The department has the authority to
immediately suspend a license if it finds that conditions there
constitute an imminent danger to residents. [1989 c 427 §
32.]
70.128.105
70.128.105 Injunction if conditions warrant. The
department may commence an action in superior court to
enjoin the operation of an adult family home if it finds that
conditions there constitute an imminent danger to residents.
[1991 c 40 § 3.]
70.128.110
70.128.110 Prohibition against recommending unlicensed home—Report and investigation of unlicensed
home. (1) No public agency contractor or employee shall
place, refer, or recommend placement of a person into an
adult family home that is operating without a license.
(2) Any public agency contractor or employee who
knows that an adult family home is operating without a
license shall report the name and address of the home to the
department. The department shall investigate any report filed
under this section. [1989 c 427 § 23.]
70.128.120
70.128.120 Adult family home provider, resident
manager—Minimum qualifications. Each adult family
home provider and each resident manager shall have the following minimum qualifications, except that only providers
are required to meet the provisions of subsection (10) of this
section:
(1) Twenty-one years of age or older;
(2) For those applying after September 1, 2001, to be
licensed as providers, and for resident managers whose
employment begins after September 1, 2001, a United States
high school diploma or general educational development
(GED) certificate or any English or translated government
documentation of the following:
(a) Successful completion of government-approved public or private school education in a foreign country that
includes an annual average of one thousand hours of instruction over twelve years or no less than twelve thousand hours
of instruction;
(b) A foreign college, foreign university, or United
States community college two-year diploma;
(c) Admission to, or completion of coursework at, a foreign university or college for which credit was granted;
(d) Admission to, or completion of coursework at, a
United States college or university for which credits were
awarded;
(e) Admission to, or completion of postgraduate coursework at, a United States college or university for which credits were awarded; or
[Title 70 RCW—page 426]
(f) Successful passage of the United States board examination for registered nursing, or any professional medical
occupation for which college or university education preparation was required;
(3) Good moral and responsible character and reputation;
(4) Literacy in the English language, however, a person
not literate in the English language may meet the requirements of this subsection by assuring that there is a person on
staff and available who is able to communicate or make provisions for communicating with the resident in his or her primary language and capable of understanding and speaking
English well enough to be able to respond appropriately to
emergency situations and be able to read and understand resident care plans;
(5) Management and administrative ability to carry out
the requirements of this chapter;
(6) Satisfactory completion of department-approved
basic training and continuing education training as specified
by the department in rule, based on recommendations of the
community long-term care training and education steering
committee and working in collaboration with providers, consumers, caregivers, advocates, family members, educators,
and other interested parties in the rule-making process;
(7) Satisfactory completion of department-approved, or
equivalent, special care training before a provider may provide special care services to a resident;
(8) Not been convicted of any crime listed in RCW
43.43.830 and 43.43.842;
(9) For those applying after September 1, 2001, to be
licensed as providers, and for resident managers whose
employment begins after September 1, 2001, at least three
hundred twenty hours of successful, direct caregiving experience obtained after age eighteen to vulnerable adults in a
licensed or contracted setting prior to operating or managing
an adult family home; and
(10) Prior to being granted a license, providers applying
after January 1, 2007, must complete a department-approved
forty-eight hour adult family home administration and business planning class. The department shall promote and prioritize bilingual capabilities within available resources and
when materials are available for this purpose. [2006 c 249 §
1; 2002 c 223 § 1; 2001 c 319 § 8; 2000 c 121 § 5; 1996 c 81
§ 1; 1995 1st sp.s. c 18 § 117; 1995 c 260 § 5; 1989 c 427 §
24.]
Effective date—2002 c 223 § 1: "Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [March 28, 2002]." [2002 c 223 § 7.]
Effective date—1996 c 81: "This act shall take effect July 1, 1996."
[1996 c 81 § 7.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.122
70.128.122 Adult family homes licensed by Indian
tribes. The legislature recognizes that adult family homes
located within the boundaries of a federally recognized
Indian reservation may be licensed by the Indian tribe. The
department may pay for care for persons residing in such
homes, if there has been a tribal or state criminal background
check of the provider and any staff, and the client is otherwise
(2006 Ed.)
Adult Family Homes
eligible for services administered by the department. [1995
1st sp.s. c 18 § 25.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.160
70.128.135 Compliance with chapter 70.24 RCW.
Adult family homes shall comply with the provisions of
chapter 70.24 RCW. [2001 c 319 § 9.]
70.128.135
70.128.140
70.128.125 Resident rights. RCW 70.129.005 through
70.129.030, 70.129.040(1), and 70.129.050 through
70.129.170 apply to this chapter and persons regulated under
this chapter. [1994 c 214 § 24.]
70.128.125
Severability—Conflict with federal requirements—Captions not
law—1994 c 214: See RCW 70.129.900 through 70.129.902.
70.128.140 Compliance with local codes and state
and local fire safety regulations. Each adult family home
shall meet applicable local licensing, zoning, building, and
housing codes, and state and local fire safety regulations as
they pertain to a single-family residence. It is the responsibility of the home to check with local authorities to ensure all
local codes are met. [1995 1st sp.s. c 18 § 26; 1989 c 427 §
27.]
70.128.130
70.128.130 Adult family homes—Requirements. (1)
Adult family homes shall be maintained internally and externally in good repair and condition. Such homes shall have
safe and functioning systems for heating, cooling, hot and
cold water, electricity, plumbing, garbage disposal, sewage,
cooking, laundry, artificial and natural light, ventilation, and
any other feature of the home.
(2) Adult family homes shall be maintained in a clean
and sanitary manner, including proper sewage disposal, food
handling, and hygiene practices.
(3) Adult family homes shall develop a fire drill plan for
emergency evacuation of residents, shall have smoke detectors in each bedroom where a resident is located, shall have
fire extinguishers on each floor of the home, and shall not
keep nonambulatory patients above the first floor of the
home.
(4) Adult family homes shall have clean, functioning,
and safe household items and furnishings.
(5) Adult family homes shall provide a nutritious and
balanced diet and shall recognize residents’ needs for special
diets.
(6) Adult family homes shall establish health care procedures for the care of residents including medication administration and emergency medical care.
(a) Adult family home residents shall be permitted to
self- administer medications.
(b) Adult family home providers may administer medications and deliver special care only to the extent authorized
by law.
(7) Adult family home providers shall either: (a) Reside
at the adult family home; or (b) employ or otherwise contract
with a qualified resident manager to reside at the adult family
home. The department may exempt, for good cause, a provider from the requirements of this subsection by rule.
(8) A provider will ensure that any volunteer, student,
employee, or person residing within the adult family home
who will have unsupervised access to any resident shall not
have been convicted of a crime listed under RCW 43.43.830
or 43.43.842. Except that a person may be conditionally
employed pending the completion of a criminal conviction
background inquiry.
(9) A provider shall offer activities to residents under
care as defined by the department in rule.
(10) An adult family home provider must ensure that
staff are competent and receive necessary training to perform
assigned tasks. Staff must satisfactorily complete department-approved staff orientation, basic training, and continuing education as specified by the department by rule. [2000 c
121 § 6; 1995 c 260 § 6; 1989 c 427 § 26.]
(2006 Ed.)
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.150
70.128.150 Adult family homes to work with local
quality assurance projects—Interference with representative of ombudsman program—Penalty. Whenever possible adult family homes are encouraged to contact and work
with local quality assurance projects such as the volunteer
ombudsman with the goal of assuring high quality care is provided in the home.
An adult family home may not willfully interfere with a
representative of the long-term care ombudsman program in
the performance of official duties. The department shall
impose a penalty of not more than one thousand dollars for
any such willful interference. [1995 1st sp.s. c 18 § 27; 1989
c 427 § 28.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.160
70.128.160 Department authority to take actions in
response to noncompliance or violations. (1) The department is authorized to take one or more of the actions listed in
subsection (2) of this section in any case in which the department finds that an adult family home provider has:
(a) Failed or refused to comply with the requirements of
this chapter or the rules adopted under this chapter;
(b) Operated an adult family home without a license or
under a revoked license;
(c) Knowingly or with reason to know made a false statement of material fact on his or her application for license or
any data attached thereto, or in any matter under investigation
by the department; or
(d) Willfully prevented or interfered with any inspection
or investigation by the department.
(2) When authorized by subsection (1) of this section, the
department may take one or more of the following actions:
(a) Refuse to issue a license;
(b) Impose reasonable conditions on a license, such as
correction within a specified time, training, and limits on the
type of clients the provider may admit or serve;
(c) Impose civil penalties of not more than one hundred
dollars per day per violation;
(d) Suspend, revoke, or refuse to renew a license; or
(e) Suspend admissions to the adult family home by
imposing stop placement.
(3) When the department orders stop placement, the
facility shall not admit any person until the stop placement
order is terminated. The department may approve readmission of a resident to the facility from a hospital or nursing
[Title 70 RCW—page 427]
70.128.163
Title 70 RCW: Public Health and Safety
home during the stop placement. The department shall terminate the stop placement when: (a) The violations necessitating the stop placement have been corrected; and (b) the provider exhibits the capacity to maintain correction of the violations previously found deficient. However, if upon the
revisit the department finds new violations that the department reasonably believes will result in a new stop placement,
the previous stop placement shall remain in effect until the
new stop placement is imposed.
(4) After a department finding of a violation for which a
stop placement has been imposed, the department shall make
an on-site revisit of the provider within fifteen working days
from the request for revisit, to ensure correction of the violation. For violations that are serious or recurring or uncorrected following a previous citation, and create actual or
threatened harm to one or more residents’ well-being, including violations of residents’ rights, the department shall make
an on-site revisit as soon as appropriate to ensure correction
of the violation. Verification of correction of all other violations may be made by either a department on-site revisit or by
written or photographic documentation found by the department to be credible. This subsection does not prevent the
department from enforcing license suspensions or revocations. Nothing in this subsection shall interfere with or diminish the department’s authority and duty to ensure that the provider adequately cares for residents, including to make
departmental on-site revisits as needed to ensure that the provider protects residents, and to enforce compliance with this
chapter.
(5) Chapter 34.05 RCW applies to department actions
under this section, except that orders of the department
imposing license suspension, stop placement, or conditions
for continuation of a license are effective immediately upon
notice and shall continue in effect pending any hearing.
[2001 c 193 § 5; 1995 1st sp.s. c 18 § 28; 1989 c 427 § 31.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.163
70.128.163 Temporary management program—Purposes—Voluntary participation—Temporary management duties, duration—Rules. (1) When the department
has summarily suspended a license, the licensee may, subject
to the department’s approval, elect to participate in a temporary management program. All provisions of this section
shall apply.
The purposes of a temporary management program are
as follows:
(a) To mitigate dislocation and transfer trauma of residents while the department and licensee may pursue dispute
resolution or appeal of a summary suspension of license;
(b) To facilitate the continuity of safe and appropriate
resident care and services;
(c) To preserve a residential option that meets a specialized service need and/or is in a geographical area that has a
lack of available providers; and
(d) To provide residents with the opportunity for orderly
discharge.
(2) Licensee participation in the temporary management
program is voluntary. The department shall have the discretion to approve any temporary manager and the temporary
management arrangements. The temporary management
[Title 70 RCW—page 428]
shall assume the total responsibility for the daily operations
of the home.
(3) The temporary management shall contract with the
licensee as an independent contractor and is responsible for
ensuring that all minimum licensing requirements are met.
The temporary management shall protect the health, safety,
and well-being of the residents for the duration of the temporary management and shall perform all acts reasonably necessary to ensure that residents’ needs are met. The licensee is
responsible for all costs related to administering the temporary management program and contracting with the temporary management. The temporary management agreement
shall at a minimum address the following:
(a) Provision of liability insurance to protect residents
and their property;
(b) Preservation of resident trust funds;
(c) The timely payment of past due or current accounts,
operating expenses, including but not limited to staff compensation, and all debt that comes due during the period of
the temporary management;
(d) The responsibilities for addressing all other financial
obligations that would interfere with the ability of the temporary manager to provide adequate care and services to residents; and
(e) The authority of the temporary manager to manage
the home, including the hiring, managing, and firing of
employees for good cause, and to provide adequate care and
services to residents.
(4) The licensee and department shall provide written
notification immediately to all residents, legal representatives, interested family members, and the state long-term care
ombudsman program, of the temporary management and the
reasons for it. This notification shall include notice that residents may move from the home without notifying the licensee in advance, and without incurring any charges, fees, or
costs otherwise available for insufficient advance notice, during the temporary management period.
(5) The temporary management period under this section
concludes twenty-eight days after issuance of the formal notification of enforcement action or conclusion of administrative proceedings, whichever date is later. Nothing in this section precludes the department from revoking its approval of
the temporary management and/or exercising its licensing
enforcement authority under this chapter. The department’s
decision whether to approve or to revoke a temporary management arrangement is not subject to the administrative procedure act, chapter 34.05 RCW.
(6) The department is authorized to adopt rules implementing this section. In implementing this section, the
department shall consult with consumers, advocates, the
adult family home advisory committee established under
*chapter 18.48 RCW, and organizations representing adult
family homes. The department may recruit and approve qualified, licensed providers interested in serving as temporary
managers. [2001 c 193 § 6.]
*Reviser’s note: Chapter 18.48 RCW was repealed in its entirety by
2002 c 223 § 2.
70.128.167
70.128.167 Disputed violations, enforcement remedies—Informal dispute resolution process. (1) The licensee or its designee has the right to an informal dispute res(2006 Ed.)
Adult Family Homes
olution process to dispute any violation found or enforcement
remedy imposed by the department during a licensing inspection or complaint investigation. The purpose of the informal
dispute resolution process is to provide an opportunity for an
exchange of information that may lead to the modification,
deletion, or removal of a violation, or parts of a violation, or
enforcement remedy imposed by the department.
(2) The informal dispute resolution process provided by
the department shall include, but is not necessarily limited to,
an opportunity for review by a department employee who did
not participate in, or oversee, the determination of the violation or enforcement remedy under dispute. The department
shall develop, or further develop, an informal dispute resolution process consistent with this section.
(3) A request for an informal dispute resolution shall be
made to the department within ten working days from the
receipt of a written finding of a violation or enforcement remedy. The request shall identify the violation or violations and
enforcement remedy or remedies being disputed. The department shall convene a meeting, when possible, within ten
working days of receipt of the request for informal dispute
resolution, unless by mutual agreement a later date is agreed
upon.
(4) If the department determines that a violation or
enforcement remedy should not be cited or imposed, the
department shall delete the violation or immediately rescind
or modify the enforcement remedy. Upon request, the department shall issue a clean copy of the revised report, statement
of deficiencies, or notice of enforcement action.
(5) The request for informal dispute resolution does not
delay the effective date of any enforcement remedy imposed
by the department, except that civil monetary fines are not
payable until the exhaustion of any formal hearing and appeal
rights provided under this chapter. The licensee shall submit
to the department, within the time period prescribed by the
department, a plan of correction to address any undisputed
violations, and including any violations that still remain following the informal dispute resolution. [2001 c 193 § 8.]
70.128.170
70.128.170 Homes relying on prayer for healing—
Application of chapter. Nothing in this chapter or the rules
adopted under it may be construed as authorizing the supervision, regulation, or control of the remedial care or treatment
of residents in any adult family home conducted by and for
the adherents of a church or religious denomination who rely
upon spiritual means alone through prayer for healing in
accordance with the tenets and practices of such church or
religious denomination and the bona fide religious beliefs
genuinely held by such adherents. [1989 c 427 § 33.]
70.128.175
70.128.175 Definitions. (1) Unless the context clearly
requires otherwise, these definitions shall apply throughout
this section and RCW 35.63.140, 35A.63.149, 36.70.755,
35.22.680, and 36.32.560:
(a) "Adult family home" means a regular family abode in
which a person or persons provides personal care, special
care, room, and board to more than one but not more than six
adults who are not related by blood or marriage to the person
or persons providing the services.
(2006 Ed.)
70.128.210
(b) "Residential care facility" means a facility that cares
for at least five, but not more than fifteen functionally disabled persons, that is not licensed pursuant to chapter 70.128
RCW.
(c) "Department" means the department of social and
health services.
(2) An adult family home shall be considered a residential use of property for zoning and public and private utility
rate purposes. Adult family homes shall be a permitted use in
all areas zoned for residential or commercial purposes,
including areas zoned for single family dwellings. [1997 c
392 § 401; 1995 1st sp.s. c 18 § 29; 1989 1st ex.s. c 9 § 815.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s c 18: See notes following RCW 74.39A.030.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
70.128.200
70.128.200 Toll-free telephone number for complaints—Discrimination or retaliation prohibited. (1) The
department shall maintain a toll-free telephone number for
receiving complaints regarding adult family homes.
(2) An adult family home shall post in a place and manner clearly visible to residents and visitors the department’s
toll-free complaint telephone number.
(3) No adult family home shall discriminate or retaliate
in any manner against a resident on the basis or for the reason
that such resident or any other person made a complaint to the
department or the long-term care ombudsman or cooperated
with the investigation of such a complaint. [1995 1st sp.s. c
18 § 30.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.128.210
70.128.210 Training standards review—Delivery
system—Issues reviewed—Report to the legislature. (1)
The department of social and health services shall review, in
coordination with the department of health, the nursing care
quality assurance commission, adult family home providers,
boarding home providers, in-home personal care providers,
and long-term care consumers and advocates, training standards for providers, resident managers, and resident caregiving staff. The departments and the commission shall submit
to the appropriate committees of the house of representatives
and the senate by December 1, 1998, specific recommendations on training standards and the delivery system, including
necessary statutory changes and funding requirements. Any
proposed enhancements shall be consistent with this section,
shall take into account and not duplicate other training
requirements applicable to adult family homes and staff, and
shall be developed with the input of adult family home and
resident representatives, health care professionals, and other
vested interest groups. Training standards and the delivery
system shall be relevant to the needs of residents served by
the adult family home and recipients of long-term in-home
personal care services and shall be sufficient to ensure that
providers, resident managers, and caregiving staff have the
skills and knowledge necessary to provide high quality,
appropriate care.
[Title 70 RCW—page 429]
70.128.220
Title 70 RCW: Public Health and Safety
(2) The recommendations on training standards and the
delivery system developed under subsection (1) of this section shall be based on a review and consideration of the following: Quality of care; availability of training; affordability, including the training costs incurred by the department of
social and health services and private providers; portability of
existing training requirements; competency testing; practical
and clinical course work; methods of delivery of training;
standards for management; uniform caregiving staff training;
necessary enhancements for special needs populations; and
resident rights training. Residents with special needs include,
but are not limited to, residents with a diagnosis of mental illness, dementia, or developmental disability. Development of
training recommendations for developmental disabilities services shall be coordinated with the study requirements in section 6, chapter 272, Laws of 1998.
(3) The department of social and health services shall
report to the appropriate committees of the house of representatives and the senate by December 1, 1998, on the cost of
implementing the proposed training standards for statefunded residents, and on the extent to which that cost is covered by existing state payment rates. [1998 c 272 § 3.]
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
70.128.220
70.128.220 Elder care—Professionalization of providers. Adult family homes have developed rapidly in
response to the health and social needs of the aging population in community settings, especially as the aging population has increased in proportion to the general population.
The growing demand for elder care with a new focus on
issues affecting senior citizens, including persons with developmental disabilities, mental illness, or dementia, has
prompted a growing professionalization of adult family home
providers to address quality care and quality of life issues
consistent with standards of accountability and regulatory
safeguards for the health and safety of the residents. The
establishment of an advisory committee to the department of
social and health services under RCW 70.128.225 formalizes
a stable process for discussing and considering these issues
among residents and their advocates, regulatory officials, and
adult family home providers. The dialogue among all stakeholders interested in maintaining a healthy option for the
aging population in community settings assures the highest
regard for the well-being of these residents within a benign
and functional regulatory environment. The secretary shall be
advised by an advisory committee on adult family homes
established under RCW 70.128.225. [2002 c 223 § 3; 1998 c
272 § 9.]
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
70.128.225
70.128.225 Advisory committee. (1) In an effort to
ensure a cooperative process among the department, adult
family home provider representatives, and resident and family representatives on matters pertaining to the adult family
home program, the secretary, or his or her designee, shall
designate an advisory committee. The advisory committee
must include: Representatives from the industry including
four adult family home providers, at least two of whom are
affiliated with recognized adult family home associations;
[Title 70 RCW—page 430]
one representative from the state long-term care ombudsman
program; one representative from the statewide resident
council program; and two representatives of families and
other consumers. The secretary shall appoint a chairperson
for the committee from the committee membership for a term
of one year. In appointing the chairperson, the secretary shall
consult with members of the committee. Depending on the
topic to be discussed, the department may invite other representatives in addition to the named members of the advisory
committee. The secretary, or his or her designee, shall periodically, but not less than quarterly, convene a meeting of the
advisory committee to encourage open dialogue on matters
affecting the adult family home program. It is, minimally,
expected that the department will discuss with the advisory
committee the department’s inspection, enforcement, and
quality improvement activities, in addition to seeking their
comments and recommendations on matters described under
subsection (2) of this section.
(2) The secretary, or his or her designee, shall seek comments and recommendations from the advisory committee
prior to the adoption of rules and standards, implementation
of adult family home provider programs, or development of
methods and rates of payment.
(3) Establishment of the advisory committee shall not
prohibit the department of social and health services from utilizing other advisory activities that the department of social
and health services deems necessary for program development.
(4) Members of the advisory committee shall be reimbursed for travel expenses as provided in RCW 43.03.050
and 43.03.060 from license fees collected under chapter
70.128 RCW. [2002 c 223 § 4.]
70.128.230 Long-term caregiver training. (1) The
definitions in this subsection apply throughout this section
unless the context clearly requires otherwise.
(a) "Caregiver" includes all adult family home resident
managers and any person who provides residents with handson personal care on behalf of an adult family home, except
volunteers who are directly supervised.
(b) "Indirect supervision" means oversight by a person
who has demonstrated competency in the core areas or has
been fully exempted from the training requirements pursuant
to this section and is quickly and easily available to the caregiver, but not necessarily on-site.
(2) Training must have three components: Orientation,
basic training, and continuing education. All adult family
home providers, resident managers, and employees, or volunteers who routinely interact with residents shall complete orientation. Caregivers shall complete orientation, basic training, and continuing education.
(3) Orientation consists of introductory information on
residents’ rights, communication skills, fire and life safety,
and universal precautions. Orientation must be provided at
the facility by appropriate adult family home staff to all adult
family home employees before the employees have routine
interaction with residents.
(4) Basic training consists of modules on the core knowledge and skills that caregivers need to learn and understand to
effectively and safely provide care to residents. Basic training
must be outcome-based, and the effectiveness of the basic
70.128.230
(2006 Ed.)
Adult Family Homes
training must be measured by demonstrated competency in
the core areas through the use of a competency test. Basic
training must be completed by caregivers within one hundred
twenty days of the date on which they begin to provide
hands-on care or within one hundred twenty days of September 1, 2002, whichever is later. Until competency in the core
areas has been demonstrated, caregivers shall not provide
hands-on personal care to residents without indirect supervision.
(5) For adult family homes that serve residents with special needs such as dementia, developmental disabilities, or
mental illness, specialty training is required of providers and
resident managers. Specialty training consists of modules on
the core knowledge and skills that providers and resident
managers need to effectively and safely provide care to residents with special needs. Specialty training should be integrated into basic training wherever appropriate. Specialty
training must be outcome-based, and the effectiveness of the
specialty training measured by demonstrated competency in
the core specialty areas through the use of a competency test.
Specialty training must be completed by providers and resident managers before admitting and serving residents who
have been determined to have special needs related to mental
illness, dementia, or a developmental disability. Should a resident develop special needs while living in a home without
specialty designation, the provider and resident manager
have one hundred twenty days to complete specialty training.
(6) Continuing education consists of ongoing delivery of
information to caregivers on various topics relevant to the
care setting and care needs of residents. Competency testing
is not required for continuing education. Continuing education is not required in the same calendar year in which basic
or modified basic training is successfully completed. Continuing education is required in each calendar year thereafter.
If specialty training is completed, the specialty training
applies toward any continuing education requirement for up
to two years following the completion of the specialty training.
(7) Persons who successfully challenge the competency
test for basic training are fully exempt from the basic training
requirements of this section. Persons who successfully challenge the specialty training competency test are fully exempt
from the specialty training requirements of this section.
(8) Licensed persons who perform the tasks for which
they are licensed are fully or partially exempt from the training requirements of this section, as specified by the department in rule.
(9) In an effort to improve access to training and education and reduce costs, especially for rural communities, the
coordinated system of long-term care training and education
must include the use of innovative types of learning strategies
such as internet resources, videotapes, and distance learning
using satellite technology coordinated through community
colleges, private associations, or other entities, as defined by
the department.
(10) Adult family homes that desire to deliver facilitybased training with facility designated trainers, or adult family homes that desire to pool their resources to create shared
training systems, must be encouraged by the department in
their efforts. The department shall develop criteria for
reviewing and approving trainers and training materials. The
(2006 Ed.)
70.128.250
department may approve a curriculum based upon attestation
by an adult family home administrator that the adult family
home’s training curriculum addresses basic and specialty
training competencies identified by the department, and shall
review a curriculum to verify that it meets these requirements. The department may conduct the review as part of the
next regularly scheduled inspection authorized under RCW
70.128.070. The department shall rescind approval of any
curriculum if it determines that the curriculum does not meet
these requirements.
(11) The department shall adopt rules by September 1,
2002, for the implementation of this section.
(12) The orientation, basic training, specialty training,
and continuing education requirements of this section commence September 1, 2002, and shall be applied to (a) employees hired subsequent to September 1, 2002; or (b) existing
employees that on September 1, 2002, have not successfully
completed the training requirements under RCW 70.128.120
or 70.128.130 and this section. Existing employees who have
not successfully completed the training requirements under
RCW 70.128.120 or 70.128.130 shall be subject to all applicable requirements of this section. However, until September
1, 2002, nothing in this section affects the current training
requirements under RCW 70.128.120 and 70.128.130. [2002
c 233 § 3; 2000 c 121 § 3.]
Effective date—2002 c 233: See note following RCW 18.20.270.
70.128.240
7 0. 1 2 8 . 24 0 Ap pro v a l s ys t e m— De p art m e nt approved training—Adoption of rules. By March 1, 2002,
the department must, by rule, create an approval system for
those seeking to conduct department-approved training under
RCW 70.128.230, *70.128.120 (5) and (6), and
70.128.130(10). The department shall adopt rules based on
recommendations of the community long-term care training
and education steering committee established in RCW
74.39A.190. [2000 c 121 § 7.]
*Reviser’s note: RCW 70.128.120 was amended by 2001 c 319 § 8,
changing subsections (5) and (6) to subsections (6) and (7).
70.128.250
70.128.250 Required training and continuing education—Food safety training and testing. The department
shall implement, as part of the required training and continuing education, food safety training and testing integrated into
the curriculum that meets the standards established by the
state board of health pursuant to chapter 69.06 RCW. Individual food handler permits are not required for persons who
begin working in an adult family home after June 30, 2005,
and successfully complete the basic and modified-basic caregiver training, provided they receive information or training
regarding safe food handling practices from the employer
prior to providing food handling or service for the clients.
Documentation that the information or training has been provided to the individual must be kept on file by the employer.
Licensed adult family home providers or employees who
hold individual food handler permits prior to June 30, 2005,
will be required to maintain continuing education of .5 hours
per year in order to maintain food handling and safety training. Licensed adult family home providers or employees
who hold individual food handler permits prior to June 30,
2005, will not be required to renew the permit provided the
[Title 70 RCW—page 431]
70.128.900
Title 70 RCW: Public Health and Safety
continuing education requirement as stated above is met.
[2005 c 505 § 6.]
70.128.900
70.128.900 Severability—1989 c 427.
74.39.900.
See RCW
mal rights guaranteed to all residents of long-term care facilities, and are not intended to diminish rights set forth in other
state or federal laws that may contain additional rights. [1994
c 214 § 20.]
70.129.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of state government responsible for licensing the provider in question.
(2) "Facility" means a long-term care facility.
(3) "Long-term care facility" means a facility that is
licensed or required to be licensed under chapter 18.20,
72.36, or 70.128 RCW.
(4) "Resident" means the individual receiving services in
a long-term care facility, that resident’s attorney in fact,
guardian, or other legal representative acting within the scope
of their authority.
(5) "Physical restraint" means a manual method, obstacle, or physical or mechanical device, material, or equipment
attached or adjacent to the resident’s body that restricts freedom of movement or access to his or her body, is used for discipline or convenience, and not required to treat the resident’s
medical symptoms.
(6) "Chemical restraint" means a psychopharmacologic
drug that is used for discipline or convenience and not
required to treat the resident’s medical symptoms.
(7) "Representative" means a person appointed under
RCW 7.70.065.
(8) "Reasonable accommodation" by a facility to the
needs of a prospective or current resident has the meaning
given to this term under the federal Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations.
[1997 c 392 § 203; 1994 c 214 § 2.]
70.129.010
Chapter 70.129 RCW
LONG-TERM CARE RESIDENT RIGHTS
Chapter 70.129
Sections
70.129.005
70.129.007
70.129.010
70.129.020
70.129.030
70.129.040
70.129.050
70.129.060
70.129.070
70.129.080
70.129.090
70.129.100
70.129.105
70.129.110
70.129.120
70.129.130
70.129.140
70.129.150
70.129.160
70.129.170
70.129.900
70.129.901
70.129.902
Intent—Basic rights.
Rights are minimal—Other rights not diminished.
Definitions.
Exercise of rights.
Notice of rights and services—Admission of individuals.
Protection of resident’s funds—Financial affairs rights.
Privacy and confidentiality of personal and medical records.
Grievances.
Examination of survey or inspection results—Contact with client advocates.
Mail and telephone—Privacy in communications.
Advocacy, access, and visitation rights.
Personal property—Storage space.
Waiver of liability and resident rights limited.
Disclosure, transfer, and discharge requirements.
Restraints—Physical or chemical.
Abuse, punishment, seclusion—Background checks.
Quality of life—Rights.
Disclosure of fees and notice requirements—Deposits.
Ombudsman implementation duties.
Nonjudicial remedies through regulatory authorities encouraged—Remedies cumulative.
Severability—1994 c 214.
Conflict with federal requirements—1994 c 214.
Captions not law.
70.129.005 Intent—Basic rights. The legislature recognizes that long-term care facilities are a critical part of the
state’s long-term care services system. It is the intent of the
legislature that individuals who reside in long-term care facilities receive appropriate services, be treated with courtesy,
and continue to enjoy their basic civil and legal rights.
It is also the intent of the legislature that long-term care
facility residents have the opportunity to exercise reasonable
control over life decisions. The legislature finds that choice,
participation, privacy, and the opportunity to engage in religious, political, civic, recreational, and other social activities
foster a sense of self-worth and enhance the quality of life for
long-term care residents.
The legislature finds that the public interest would be
best served by providing the same basic resident rights in all
long-term care settings. Residents in nursing facilities are
guaranteed certain rights by federal law and regulation, 42
U.S.C. 1396r and 42 C.F.R. part 483. It is the intent of the
legislature to extend those basic rights to residents in veterans’ homes, boarding homes, and adult family homes.
The legislature intends that a facility should care for its
residents in a manner and in an environment that promotes
maintenance or enhancement of each resident’s quality of
life. A resident should have a safe, clean, comfortable, and
homelike environment, allowing the resident to use his or her
personal belongings to the extent possible. [1994 c 214 § 1.]
70.129.005
Zoning—1994 c 214: "Nothing in this act shall affect the classifying of
an adult family home for the purposes of zoning." [1994 c 214 § 30.]
70.129.007 Rights are minimal—Other rights not
diminished. The rights set forth in this chapter are the mini70.129.007
[Title 70 RCW—page 432]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
70.129.020
70.129.020 Exercise of rights. The resident has a right
to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the
rights of each resident and assist the resident which include:
(1) The resident has the right to exercise his or her rights
as a resident of the facility and as a citizen or resident of the
United States and the state of Washington.
(2) The resident has the right to be free of interference,
coercion, discrimination, and reprisal from the facility in
exercising his or her rights.
(3) In the case of a resident adjudged incompetent by a
court of competent jurisdiction, the rights of the resident are
exercised by the person appointed to act on the resident’s
behalf.
(4) In the case of a resident who has not been adjudged
incompetent by a court of competent jurisdiction, a representative may exercise the resident’s rights to the extent provided by law. [1994 c 214 § 3.]
70.129.030
70.129.030 Notice of rights and services—Admission
of individuals. (1) The facility must inform the resident both
(2006 Ed.)
Long-Term Care Resident Rights
orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in
the facility. The notification must be made prior to or upon
admission. Receipt of the information must be acknowledged
in writing.
(2) The resident or his or her legal representative has the
right:
(a) Upon an oral or written request, to access all records
pertaining to himself or herself including clinical records
within twenty-four hours; and
(b) After receipt of his or her records for inspection, to
purchase at a cost not to exceed the community standard photocopies of the records or portions of them upon request and
two working days’ advance notice to the facility.
(3) The facility shall only admit or retain individuals
whose needs it can safely and appropriately serve in the facility with appropriate available staff and through the provision
of reasonable accommodations required by state or federal
law. Except in cases of genuine emergency, the facility shall
not admit an individual before obtaining a thorough assessment of the resident’s needs and preferences. The assessment
shall contain, unless unavailable despite the best efforts of the
facility, the resident applicant, and other interested parties,
the following minimum information: Recent medical history; necessary and contraindicated medications; a licensed
medical or other health professional’s diagnosis, unless the
individual objects for religious reasons; significant known
behaviors or symptoms that may cause concern or require
special care; mental illness, except where protected by confidentiality laws; level of personal care needs; activities and
service preferences; and preferences regarding other issues
important to the resident applicant, such as food and daily
routine.
(4) The facility must inform each resident in writing in a
language the resident or his or her representative understands
before admission, and at least once every twenty-four months
thereafter of: (a) Services, items, and activities customarily
available in the facility or arranged for by the facility as permitted by the facility’s license; (b) charges for those services,
items, and activities including charges for services, items,
and activities not covered by the facility’s per diem rate or
applicable public benefit programs; and (c) the rules of facility operations required under RCW 70.129.140(2). Each resident and his or her representative must be informed in writing in advance of changes in the availability or the charges
for services, items, or activities, or of changes in the facility’s
rules. Except in emergencies, thirty days’ advance notice
must be given prior to the change. However, for facilities
licensed for six or fewer residents, if there has been a substantial and continuing change in the resident’s condition necessitating substantially greater or lesser services, items, or
activities, then the charges for those services, items, or activities may be changed upon fourteen days’ advance written
notice.
(5) The facility must furnish a written description of residents rights that includes:
(a) A description of the manner of protecting personal
funds, under RCW 70.129.040;
(b) A posting of names, addresses, and telephone numbers of the state survey and certification agency, the state
(2006 Ed.)
70.129.040
licensure office, the state ombudsmen program, and the protection and advocacy systems; and
(c) A statement that the resident may file a complaint
with the appropriate state licensing agency concerning
alleged resident abuse, neglect, and misappropriation of resident property in the facility.
(6) Notification of changes.
(a) A facility must immediately consult with the resident’s physician, and if known, make reasonable efforts to
notify the resident’s legal representative or an interested family member when there is:
(i) An accident involving the resident which requires or
has the potential for requiring physician intervention;
(ii) A significant change in the resident’s physical, mental, or psychosocial status (i.e., a deterioration in health, mental, or psychosocial status in either life-threatening conditions
or clinical complications).
(b) The facility must promptly notify the resident or the
resident’s representative shall make reasonable efforts to
notify an interested family member, if known, when there is:
(i) A change in room or roommate assignment; or
(ii) A decision to transfer or discharge the resident from
the facility.
(c) The facility must record and update the address and
phone number of the resident’s representative or interested
family member, upon receipt of notice from them. [1998 c
272 § 5; 1997 c 386 § 31; 1994 c 214 § 4.]
Effective date—1998 c 272 § 5: "Section 5 of this act takes effect July
1, 1998." [1998 c 272 § 23.]
Application—Effective date—1997 c 386: See notes following RCW
13.50.010.
70.129.040
70.129.040 Protection of resident’s funds—Financial
affairs rights. (1) The resident has the right to manage his or
her financial affairs, and the facility may not require residents
to deposit their personal funds with the facility.
(2) Upon written authorization of a resident, if the facility agrees to manage the resident’s personal funds, the facility
must hold, safeguard, manage, and account for the personal
funds of the resident deposited with the facility as specified in
this section.
(a) The facility must deposit a resident’s personal funds
in excess of one hundred dollars in an interest-bearing
account or accounts that is separate from any of the facility’s
operating accounts, and that credits all interest earned on residents’ funds to that account. In pooled accounts, there must
be a separate accounting for each resident’s share.
(b) The facility must maintain a resident’s personal funds
that do not exceed one hundred dollars in a noninterest-bearing account, interest-bearing account, or petty cash fund.
(3) The facility must establish and maintain a system that
assures a full and complete and separate accounting of each
resident’s personal funds entrusted to the facility on the resident’s behalf.
(a) The system must preclude any commingling of resident funds with facility funds or with the funds of any person
other than another resident.
(b) The individual financial record must be available on
request to the resident or his or her legal representative.
(4) Upon the death of a resident with a personal fund
deposited with the facility the facility must convey within
[Title 70 RCW—page 433]
70.129.050
Title 70 RCW: Public Health and Safety
forty-five days the resident’s funds, and a final accounting of
those funds, to the individual or probate jurisdiction administering the resident’s estate; but in the case of a resident who
received long-term care services paid for by the state, the
funds and accounting shall be sent to the state of Washington,
department of social and health services, office of financial
recovery. The department shall establish a release procedure
for use for burial expenses. [1995 1st sp.s. c 18 § 66; 1994 c
214 § 5.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
70.129.050
70.129.050 Privacy and confidentiality of personal
and medical records. The resident has the right to personal
privacy and confidentiality of his or her personal and clinical
records.
(1) Personal privacy includes accommodations, medical
treatment, written and telephone communications, personal
care, visits, and meetings of family and resident groups. This
does not require the facility to provide a private room for
each resident however, a resident cannot be prohibited by the
facility from meeting with guests in his or her bedroom if no
roommates object.
(2) The resident may approve or refuse the release of personal and clinical records to an individual outside the facility
unless otherwise provided by law. [1994 c 214 § 6.]
70.129.060
70.129.060 Grievances. A resident has the right to:
(1) Voice grievances. Such grievances include those
with respect to treatment that has been furnished as well as
that which has not been furnished; and
(2) Prompt efforts by the facility to resolve grievances
the resident may have, including those with respect to the
behavior of other residents. [1994 c 214 § 7.]
70.129.070
70.129.070 Examination of survey or inspection
results—Contact with client advocates. A resident has the
right to:
(1) Examine the results of the most recent survey or
inspection of the facility conducted by federal or state surveyors or inspectors and plans of correction in effect with
respect to the facility. A notice that the results are available
must be publicly posted with the facility’s state license, and
the results must be made available for examination by the
facility in a place readily accessible to residents; and
(2) Receive information from agencies acting as client
advocates, and be afforded the opportunity to contact these
agencies. [1994 c 214 § 8.]
70.129.080
70.129.080 Mail and telephone—Privacy in communications. The resident has the right to privacy in communications, including the right to:
(1) Send and promptly receive mail that is unopened;
(2) Have access to stationery, postage, and writing
implements at the resident’s own expense; and
(3) Have reasonable access to the use of a telephone
where calls can be made without being overheard. [1994 c
214 § 9.]
[Title 70 RCW—page 434]
70.129.090
70.129.090 Advocacy, access, and visitation rights.
(1) The resident has the right and the facility must not interfere with access to any resident by the following:
(a) Any representative of the state;
(b) The resident’s individual physician;
(c) The state long-term care ombudsman as established
under chapter 43.190 RCW;
(d) The agency responsible for the protection and advocacy system for developmentally disabled individuals as
established under part C of the developmental disabilities
assistance and bill of rights act;
(e) The agency responsible for the protection and advocacy system for mentally ill individuals as established under
the protection and advocacy for mentally ill individuals act;
(f) Subject to reasonable restrictions to protect the rights
of others and to the resident’s right to deny or withdraw consent at any time, immediate family or other relatives of the
resident and others who are visiting with the consent of the
resident;
(g) The agency responsible for the protection and advocacy system for individuals with disabilities as established
under section 509 of the rehabilitation act of 1973, as
amended, who are not served under the mandates of existing
protection and advocacy systems created under federal law.
(2) The facility must provide reasonable access to a resident by his or her representative or an entity or individual that
provides health, social, legal, or other services to the resident,
subject to the resident’s right to deny or withdraw consent at
any time.
(3) The facility must allow representatives of the state
ombudsman to examine a resident’s clinical records with the
permission of the resident or the resident’s legal representative, and consistent with state and federal law. [1994 c 214 §
10.]
70.129.100
70.129.100 Personal property—Storage space. (1)
The resident has the right to retain and use personal possessions, including some furnishings, and appropriate clothing,
as space permits, unless to do so would infringe upon the
rights or health and safety of other residents.
(2) The facility shall, upon request, provide the resident
with a lockable container or other lockable storage space for
small items of personal property, unless the resident’s individual room is lockable with a key issued to the resident.
[1994 c 214 § 11.]
70.129.105
70.129.105 Waiver of liability and resident rights
limited. No long-term care facility or nursing facility
licensed under chapter 18.51 RCW shall require or request
residents to sign waivers of potential liability for losses of
personal property or injury, or to sign waivers of residents’
rights set forth in this chapter or in the applicable licensing or
certification laws. [1997 c 392 § 211; 1994 c 214 § 17.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
70.129.110
70.129.110 Disclosure, transfer, and discharge
requirements. (1) The facility must permit each resident to
remain in the facility, and not transfer or discharge the resident from the facility unless:
(2006 Ed.)
Long-Term Care Resident Rights
(a) The transfer or discharge is necessary for the resident’s welfare and the resident’s needs cannot be met in the
facility;
(b) The safety of individuals in the facility is endangered;
(c) The health of individuals in the facility would otherwise be endangered;
(d) The resident has failed to make the required payment
for his or her stay; or
(e) The facility ceases to operate.
(2) All long-term care facilities shall fully disclose to
potential residents or their legal representative the service
capabilities of the facility prior to admission to the facility. If
the care needs of the applicant who is medicaid eligible are in
excess of the facility’s service capabilities, the department
shall identify other care settings or residential care options
consistent with federal law.
(3) Before a long-term care facility transfers or discharges a resident, the facility must:
(a) First attempt through reasonable accommodations to
avoid the transfer or discharge, unless agreed to by the resident;
(b) Notify the resident and representative and make a
reasonable effort to notify, if known, an interested family
member of the transfer or discharge and the reasons for the
move in writing and in a language and manner they understand;
(c) Record the reasons in the resident’s record; and
(d) Include in the notice the items described in subsection (5) of this section.
(4)(a) Except when specified in this subsection, the
notice of transfer or discharge required under subsection (3)
of this section must be made by the facility at least thirty days
before the resident is transferred or discharged.
(b) Notice may be made as soon as practicable before
transfer or discharge when:
(i) The safety of individuals in the facility would be
endangered;
(ii) The health of individuals in the facility would be
endangered;
(iii) An immediate transfer or discharge is required by
the resident’s urgent medical needs; or
(iv) A resident has not resided in the facility for thirty
days.
(5) The written notice specified in subsection (3) of this
section must include the following:
(a) The reason for transfer or discharge;
(b) The effective date of transfer or discharge;
(c) The location to which the resident is transferred or
discharged;
(d) The name, address, and telephone number of the state
long-term care ombudsman;
(e) For residents with developmental disabilities, the
mailing address and telephone number of the agency responsible for the protection and advocacy of developmentally disabled individuals established under part C of the developmental disabilities assistance and bill of rights act; and
(f) For residents who are mentally ill, the mailing address
and telephone number of the agency responsible for the protection and advocacy of mentally ill individuals established
(2006 Ed.)
70.129.140
under the protection and advocacy for mentally ill individuals
act.
(6) A facility must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility.
(7) A resident discharged in violation of this section has
the right to be readmitted immediately upon the first availability of a gender-appropriate bed in the facility. [1997 c
392 § 205; 1994 c 214 § 12.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
70.129.120 Restraints—Physical or chemical. The
resident has the right to be free from physical restraint or
chemical restraint. This section does not require or prohibit
facility staff from reviewing the judgment of the resident’s
physician in prescribing psychopharmacologic medications.
[1994 c 214 § 13.]
70.129.120
70.129.130 Abuse, punishment, seclusion—Background checks. The resident has the right to be free from
verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.
(1) The facility must not use verbal, mental, sexual, or
physical abuse, including corporal punishment or involuntary
seclusion.
(2) Subject to available resources, the department of
social and health services shall provide background checks
required by RCW 43.43.842 for employees of facilities
licensed under chapter 18.20 RCW without charge to the
facility. [1994 c 214 § 14.]
70.129.130
70.129.140
70.129.140 Quality of life—Rights. (1) The facility
must promote care for residents in a manner and in an environment that maintains or enhances each resident’s dignity
and respect in full recognition of his or her individuality.
(2) Within reasonable facility rules designed to protect
the rights and quality of life of residents, the resident has the
right to:
(a) Choose activities, schedules, and health care consistent with his or her interests, assessments, and plans of care;
(b) Interact with members of the community both inside
and outside the facility;
(c) Make choices about aspects of his or her life in the
facility that are significant to the resident;
(d) Wear his or her own clothing and determine his or her
own dress, hair style, or other personal effects according to
individual preference;
(e) Unless adjudged incompetent or otherwise found to
be legally incapacitated, participate in planning care and
treatment or changes in care and treatment;
(f) Unless adjudged incompetent or otherwise found to
be legally incapacitated, to direct his or her own service plan
and changes in the service plan, and to refuse any particular
service so long as such refusal is documented in the record of
the resident.
(3)(a) A resident has the right to organize and participate
in resident groups in the facility.
(b) A resident’s family has the right to meet in the facility with the families of other residents in the facility.
[Title 70 RCW—page 435]
70.129.150
Title 70 RCW: Public Health and Safety
(c) The facility must provide a resident or family group,
if one exists, with meeting space.
(d) Staff or visitors may attend meetings at the group’s
invitation.
(e) When a resident or family group exists, the facility
must listen to the views and act upon the grievances and recommendations of residents and families concerning proposed
policy and operational decisions affecting resident care and
life in the facility.
(f) The resident has the right to refuse to perform services for the facility except as voluntarily agreed by the resident and the facility in the resident’s service plan.
(4) A resident has the right to participate in social, religious, and community activities that do not interfere with the
rights of other residents in the facility.
(5) A resident has the right to:
(a) Reside and receive services in the facility with reasonable accommodation of individual needs and preferences,
except when the health or safety of the individual or other
residents would be endangered; and
(b) Receive notice before the resident’s room or roommate in the facility is changed.
(6) A resident has the right to share a double room with
his or her spouse when married residents live in the same
facility and both spouses consent to the arrangement. [1994
c 214 § 15.]
70.129.150 Disclosure of fees and notice requirements—Deposits. (1) Prior to admission, all long-term care
facilities or nursing facilities licensed under chapter 18.51
RCW that require payment of an admissions fee, deposit, or a
minimum stay fee, by or on behalf of a person seeking admission to the long-term care facility or nursing facility, shall
provide the resident, or his or her representative, full disclosure in writing in a language the resident or his or her representative understands, a statement of the amount of any
admissions fees, deposits, prepaid charges, or minimum stay
fees. The facility shall also disclose to the person, or his or
her representative, the facility’s advance notice or transfer
requirements, prior to admission. In addition, the long-term
care facility or nursing facility shall also fully disclose in
writing prior to admission what portion of the deposits,
admissions fees, prepaid charges, or minimum stay fees will
be refunded to the resident or his or her representative if the
resident leaves the long-term care facility or nursing facility.
Receipt of the disclosures required under this subsection
must be acknowledged in writing. If the facility does not provide these disclosures, the deposits, admissions fees, prepaid
charges, or minimum stay fees may not be kept by the facility. If a resident dies or is hospitalized or is transferred to
another facility for more appropriate care and does not return
to the original facility, the facility shall refund any deposit or
charges already paid less the facility’s per diem rate for the
days the resident actually resided or reserved or retained a
bed in the facility notwithstanding any minimum stay policy
or discharge notice requirements, except that the facility may
retain an additional amount to cover its reasonable, actual
expenses incurred as a result of a private-pay resident’s
move, not to exceed five days’ per diem charges, unless the
resident has given advance notice in compliance with the
admission agreement. All long-term care facilities or nursing
70.129.150
[Title 70 RCW—page 436]
facilities covered under this section are required to refund any
and all refunds due the resident or his or her representative
within thirty days from the resident’s date of discharge from
the facility. Nothing in this section applies to provisions in
contracts negotiated between a nursing facility or long-term
care facility and a certified health plan, health or disability
insurer, health maintenance organization, managed care
organization, or similar entities.
(2) Where a long-term care facility or nursing facility
requires the execution of an admission contract by or on
behalf of an individual seeking admission to the facility, the
terms of the contract shall be consistent with the requirements of this section, and the terms of an admission contract
by a long-term care facility shall be consistent with the
requirements of this chapter. [1997 c 392 § 206; 1994 c 214
§ 16.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
70.129.160
70.129.160 Ombudsman implementation duties. The
long-term care ombudsman shall monitor implementation of
this chapter and determine the degree to which veterans’
homes, nursing facilities, adult family homes, and boarding
homes ensure that residents are able to exercise their rights.
The long-term care ombudsman shall consult with the departments of health and social and health services, long-term care
facility organizations, resident groups, and senior and disabled citizen organizations. [1998 c 245 § 113; 1994 c 214 §
18.]
70.129.170
70.129.170 Nonjudicial remedies through regulatory
authorities encouraged—Remedies cumulative. The legislature intends that long-term care facility or nursing home
residents, their family members or guardians, the long-term
care ombudsman, protection and advocacy personnel identified in *RCW 70.129.110(4) (e) and (f), and others who may
seek to assist long-term care facility or nursing home residents, use the least formal means available to satisfactorily
resolve disputes that may arise regarding the rights conferred
by the provisions of chapter 70.129 RCW and RCW
18.20.180, 18.51.009, 72.36.037, and 70.128.125. Wherever
feasible, direct discussion with facility personnel or administrators should be employed. Failing that, and where feasible,
recourse may be sought through state or federal long-term
care or nursing home licensing or other regulatory authorities. However, the procedures suggested in this section are
cumulative and shall not restrict an agency or person from
seeking a remedy provided by law or from obtaining additional relief based on the same facts, including any remedy
available to an individual at common law. Chapter 214, Laws
of 1994 is not intended to, and shall not be construed to, create any right of action on the part of any individual beyond
those in existence under any common law or statutory doctrine. Chapter 214, Laws of 1994 is not intended to, and shall
not be construed to, operate in derogation of any right of
action on the part of any individual in existence on June 9,
1994. [1994 c 214 § 19.]
*Reviser’s note: RCW 70.129.110 was amended by 1997 c 392 § 205,
changing subsection (4) to subsection (5).
(2006 Ed.)
Beverage Containers
70.129.900 Severability—1994 c 214. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 214 § 26.]
70.129.900
70.129.901 Conflict with federal requirements—
1994 c 214. If any part of this act is found to be in conflict
with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part
of this act is inoperative solely to the extent of the conflict
and with respect to the agencies directly affected, and this
finding does not affect the operation of the remainder of this
act in its application to the agencies concerned. The rules
under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[1994 c 214 § 27.]
70.129.901
70.129.902 Captions not law. Captions as used in this
act constitute no part of the law. [1994 c 214 § 28.]
70.129.902
Chapter 70.132
Chapter 70.132 RCW
BEVERAGE CONTAINERS
Sections
70.132.010
70.132.020
70.132.030
70.132.040
70.132.050
70.132.900
Legislative findings.
Definitions.
Sale of containers with detachable metal rings or tabs prohibited.
Enforcement—Rules.
Penalty.
Effective date—Implementation—1982 c 113.
70.132.010 Legislative findings. The legislature finds
that beverage containers designed to be opened through the
use of detachable metal rings or tabs are hazardous to the
health and welfare of the citizens of this state and detrimental
to certain wildlife. The detachable parts are susceptible to
ingestion by human beings and wildlife. The legislature
intends to eliminate the danger posed by these unnecessary
containers by prohibiting their retail sale in this state. [1982
c 113 § 1.]
Nothing in this section prohibits the sale of a beverage container which container’s only detachable part is a piece of
pressure sensitive or metallic tape. [1982 c 113 § 3.]
70.132.040
70.132.040 Enforcement—Rules. The department
shall administer and enforce this chapter. The department
shall adopt rules interpreting and implementing this chapter.
Any rule adopted under this section shall be adopted under
the administrative procedure act, chapter 34.05 RCW. [1982
c 113 § 4.]
70.132.050
70.132.050 Penalty. Except as provided in RCW
43.05.060 through 43.05.080 and 43.05.150, any person who
violates any provision of this chapter or any rule adopted
under this chapter is subject to a civil penalty not exceeding
five hundred dollars for each violation. Each day of a continuing violation is a separate violation. [1995 c 403 § 632;
1982 c 113 § 5.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
70.132.900
70.132.900 Effective date—Implementation—1982 c
113. This act shall take effect on July 1, 1983. The director
of the department of ecology is authorized to take such steps
prior to such date as are necessary to ensure that this act is
implemented on its effective date. [1982 c 113 § 7.]
Chapter 70.136 RCW
HAZARDOUS MATERIALS INCIDENTS
Chapter 70.136
70.132.010
Sections
70.136.010
70.136.020
70.136.030
70.136.035
70.136.040
70.136.050
70.136.055
70.132.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Beverage" means beer or other malt beverage or
mineral water, soda water, or other drink in liquid form and
intended for human consumption. The term does not include
milk-based, soy-based, or similar products requiring heat and
pressure in the canning process.
(2) "Beverage container" means a separate and sealed
can containing a beverage.
(3) "Department" means the department of ecology created under chapter 43.21A RCW. [1983 c 257 § 1; 1982 c
113 § 2.]
70.132.020
70.132.030 Sale of containers with detachable metal
rings or tabs prohibited. No person may sell or offer to sell
at retail in this state any beverage container so designed and
constructed that a metal part of the container is detachable in
opening the container through use of a metal ring or tab.
70.132.030
(2006 Ed.)
70.136.010
70.136.060
70.136.070
Legislative intent.
Definitions.
Incident command agencies—Designation by political subdivisions.
Incident command agencies—Assistance from state patrol.
Incident command agencies—Emergency assistance agreements.
Persons and agencies rendering emergency aid in hazardous
materials incidents—Immunity from liability—Limitations.
Person causing hazardous materials incident—Responsibility
for incident clean-up—Liability.
Written emergency assistance agreements—Terms and conditions—Records.
Verbal emergency assistance agreements—Good Samaritan
law—Notification—Form.
Emergency management: Chapter 38.52 RCW.
Hazardous waste disposal: Chapter 70.105 RCW.
Radioactive and hazardous waste emergency response programs, state coordinator: RCW 38.52.030.
Transport of hazardous materials, state patrol authority over: Chapter
46.48 RCW.
70.136.010
70.136.010 Legislative intent. It is the intent of the legislature to promote and encourage advance planning, cooperation, and mutual assistance between applicable political subdivisions of the state and persons with equipment, personnel,
and expertise in the handling of hazardous materials incidents, by establishing limitations on liability for those persons responding in accordance with the provisions of RCW
70.136.020 through 70.136.070. [1982 c 172 § 1.]
[Title 70 RCW—page 437]
70.136.020
Title 70 RCW: Public Health and Safety
Reviser’s note: Although 1982 c 172 directed that sections 1 through 7
of that enactment be added to chapter 4.24 RCW, codification of these sections as a new chapter in Title 70 RCW appears more appropriate.
70.136.020
70.136.020 Definitions. The definitions set forth in this
section apply throughout RCW 70.136.010 through
70.136.070.
(1) "Hazardous materials" means:
(a) Materials which, if not contained may cause unacceptable risks to human life within a specified area adjacent
to the spill, seepage, fire, explosion, or other release, and will,
consequently, require evacuation;
(b) Materials that, if spilled, could cause unusual risks to
the general public and to emergency response personnel
responding at the scene;
(c) Materials that, if involved in a fire will pose unusual
risks to emergency response personnel;
(d) Materials requiring unusual storage or transportation
conditions to assure safe containment; or
(e) Materials requiring unusual treatment, packaging, or
vehicles during transportation to assure safe containment.
(2) "Applicable political subdivisions of the state" means
cities, towns, counties, fire districts, and those port authorities with emergency response capabilities.
(3) "Person" means an individual, partnership, corporation, or association.
(4) "Public agency" means any agency, political subdivision, or unit of local government of this state including, but
not limited to, municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the
United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another
state.
(5) "Hazardous materials incident" means an incident
creating a danger to persons, property, or the environment as
a result of spillage, seepage, fire, explosion, or release of hazardous materials, or the possibility thereof.
(6) "Governing body" means the elected legislative
council, board, or commission or the chief executive of the
applicable political subdivision of the state with public safety
responsibility.
(7) "Incident command agency" means the predesignated or appointed agency charged with coordinating all
activities and resources at the incident scene.
(8) "Representative" means an agent from the designated
hazardous materials incident command agency with the
authority to secure the services of persons with hazardous
materials expertise or equipment.
(9) "Profit" means compensation for rendering care,
assistance, or advice in excess of expenses actually incurred.
[1987 c 238 § 1; 1982 c 172 § 2.]
equipment of various available agencies as well as the Uniform Fire Code and other existing codes and regulations.
Along state and interstate highway corridors, the Washington
state patrol shall be the designated incident command agency
unless by mutual agreement that role has been assumed by
another designated incident command agency. If a political
subdivision has not designated an incident command agency
within six months after July 26, 1987, the Washington state
patrol shall then assume the role of incident command agency
by action of the chief until a designation has been made.
[1995 c 399 § 197; 1987 c 238 § 2; 1986 c 266 § 50; 1985 c 7
§ 132; 1984 c 165 § 1; 1982 c 172 § 4.]
Severability—1986 c 266: See note following RCW 38.52.005.
70.136.035
70.136.035 Incident command agencies—Assistance
from state patrol. In political subdivisions where an incident command agency has been designated, the Washington
state patrol shall continue to respond with a supervisor to provide assistance to the incident command agency. [1987 c 238
§ 3.]
70.136.040
70.136.040 Incident command agencies—Emergency
assistance agreements. Hazardous materials incident command agencies, so designated by all applicable political subdivisions of the state, are authorized and encouraged, prior to
a hazardous materials incident, to enter individually or jointly
into written hazardous materials emergency assistance agreements with any person whose knowledge or expertise is
deemed potentially useful. [1982 c 172 § 3.]
70.136.050
70.136.050 Persons and agencies rendering emergency aid in hazardous materials incidents—Immunity
from liability—Limitations. An incident command agency
in the good faith performance of its duties, is not liable for
civil damages resulting from any act or omission in the performance of its duties, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.
Any person or public agency whose assistance has been
requested by an incident command agency, who has entered
into a written hazardous materials assistance agreement
before or at the scene of the incident pursuant to RCW
70.136.060 and 70.136.070, and who, in good faith, renders
emergency care, assistance, or advice with respect to a hazardous materials incident, is not liable for civil damages
resulting from any act or omission in the rendering of such
care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.
[1987 c 238 § 4; 1984 c 165 § 2; 1982 c 172 § 5.]
70.136.055
70.136.055 Person causing hazardous materials incident—Responsibility for incident clean-up—Liability.
See RCW 4.24.314.
70.136.030
70.136.030 Incident command agencies—Designation by political subdivisions. The governing body of each
applicable political subdivision of this state shall designate a
hazardous materials incident command agency within its
respective boundaries, and file this designation with the
director of community, trade, and economic development. In
designating an incident command agency, the political subdivision shall consider the training, manpower, expertise, and
[Title 70 RCW—page 438]
70.136.060
70.136.060 Written emergency assistance agreements—Terms and conditions—Records. Hazardous
materials emergency assistance agreements which are executed prior to a hazardous materials incident shall include the
following terms and conditions:
(1) The person or public agency requested to assist shall
not be obligated to assist;
(2006 Ed.)
Incinerator Ash Residue
(2) The person or public agency requested to assist may
act only under the direction of the incident command agency
or its representative;
(3) The person or public agency requested to assist may
withdraw its assistance if it deems the actions or directions of
the incident command agency to be contrary to accepted hazardous materials response practices;
(4) The person or public agency requested to assist shall
not profit from rendering the assistance;
(5) Any person responsible for causing the hazardous
materials incident shall not be covered by the liability standard defined in RCW 70.136.050.
It is the responsibility of both parties to ensure that mutually agreeable procedures are established for identifying the
incident command agency when assistance is requested, for
recording the name of the person or public agency whose
assistance is requested, and the time and date of the request,
which records shall be retained for three years by the incident
command agency. A copy of the official incident command
agency designation shall be a part of the assistance agreement
specified in this section. [1987 c 238 § 5; 1982 c 172 § 6.]
70.138.010
The law requires that you be advised of certain conditions to
ensure your protection:
1. You are not obligated to assist and you may withdraw your assistance at any time.
2. You cannot profit from assisting.
3. You must agree to act under the direction of the
incident command agency.
4. You are not covered by this law if you caused the
initial accident.
I have read and understand the above.
(Name) . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date . . . . . . Time . . . . . . . . . . .
I am a representative of a designated hazardous materials incident command agency and
I am authorized to make this request for
assistance.
(Name) . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Agency) . . . . . . . . . . . . . . . . . . . . . . . . . .
Date . . . . . . Time . . . . . . . . . . .
[1987 c 238 § 6; 1982 c 172 § 7.]
70.136.070
70.136.070 Verbal emergency assistance agreements—Good Samaritan law—Notification—Form. (1)
Verbal hazardous materials emergency assistance agreements may be entered into at the scene of an incident where
execution of a written agreement prior to the incident is not
possible. A notification of the terms of this section shall be
presented at the scene by the incident command agency or its
representative to the person or public agency whose assistance is requested. The incident command agency and the
person or public agency whose assistance is requested shall
both sign the notification which appears in subsection (2) of
this section, indicating the date and time of signature. If a
requesting incident command agency deliberately misrepresents individual or agency status, that agency shall assume
full liability for any damages resulting from the actions of the
person or public agency whose assistance is requested, other
than those damages resulting from gross negligence or wilful
or wanton misconduct.
(2) The notification required by subsection (1) of this
section shall be in substantially the following form:
NOTIFICATION OF "GOOD SAMARITAN" LAW
You have been requested to provide emergency assistance by
a representative of a hazardous materials incident command
agency. To encourage your assistance, the Washington state
legislature has passed "Good Samaritan" legislation (RCW
70.136.050) to protect you from potential liability. The law
reads, in part:
"Any person or public agency whose assistance has
been requested by an incident command agency,
who has entered into a written hazardous materials
assistance agreement . . . at the scene of the incident
pursuant to . . . RCW 70.136.070, and who, in good
faith, renders emergency care, assistance, or advice
with respect to a hazardous materials incident, is not
liable for civil damages resulting from any act or
omission in the rendering of such care, assistance, or
advice, other than acts or omissions constituting
gross negligence or wilful or wanton misconduct."
(2006 Ed.)
Chapter 70.138
Chapter 70.138 RCW
INCINERATOR ASH RESIDUE
Sections
70.138.010
70.138.020
70.138.030
70.138.040
70.138.050
70.138.060
70.138.070
70.138.900
70.138.901
70.138.902
Legislative findings.
Definitions.
Review and approval of management plans—Disposal permits.
Civil penalties.
Violations—Orders.
Enforcement—Injunctive relief.
Criminal penalties.
Application of chapter to certain incinerators.
Short title.
Severability—1987 c 528.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
70.138.010
70.138.010 Legislative findings. The legislature finds:
(1) Solid wastes generated in the state are to be managed
in the following order of descending priority: (a) Waste
reduction; (b) recycling; (c) treatment; (d) energy recovery or
incineration; (e) solidification/stabilization; and (f) landfill.
(2) Special incinerator ash residues from the incineration
of municipal solid waste that would otherwise be regulated as
hazardous wastes need a separate regulatory scheme in order
to (a) ease the permitting and reporting requirements of chapter 70.105 RCW, the state hazardous waste management act,
and (b) supplement the environmental protection provisions
of chapter 70.95 RCW, the state solid waste management act.
(3) Raw garbage poses significant environmental and
public health risks. Municipal solid waste incineration constitutes a higher waste management priority than the land disposal of untreated municipal solid waste due to its reduction
of waste volumes and environmental health risks.
It is therefore the purpose of this chapter to establish
management requirements for special incinerator ash that
otherwise would be regulated as hazardous waste under chapter 70.105 RCW, the hazardous waste management act.
[1987 c 528 § 1.]
[Title 70 RCW—page 439]
70.138.020
Title 70 RCW: Public Health and Safety
70.138.020
70.138.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of
ecology or the director’s designee.
(3) "Dispose" or "disposal" means the treatment, utilization, processing, or final deposit of special incineration ash.
(4) "Generate" means any act or process which produces
special incinerator ash or which first causes special incinerator ash to become subject to regulation.
(5) "Management" means the handling, storage, collection, transportation, and disposal of special incinerator ash.
(6) "Person" means any person, firm, association,
county, public or municipal or private corporation, agency, or
other entity whatsoever.
(7) "Facility" means all structures, other appurtenances,
improvements, and land used for recycling, storing, treating,
or disposing of special incinerator ash.
(8) "Special incinerator ash" means ash residues resulting from the operation of incinerator or energy recovery facilities managing municipal solid waste, including solid waste
from residential, commercial, and industrial establishments,
if the ash residues (a) would otherwise be regulated as hazardous wastes under chapter 70.105 RCW; and (b) are not
regulated as a hazardous waste under the federal resource
conservation and recovery act, 42 U.S.C. Sec. 6901 et seq.
[1987 c 528 § 2.]
70.138.030
70.138.030 Review and approval of management
plans—Disposal permits. (1) Prior to managing special
incinerator ash, persons who generate special incinerator ash
shall develop plans for managing the special incinerator ash.
These plans shall:
(a) Identify procedures for all aspects relating to the
management of the special incinerator ash that are necessary
to protect employees, human health, and the environment;
(b) Identify alternatives for managing solid waste prior
to incineration for the purpose of (i) reducing the toxicity of
the special incinerator ash; and (ii) reducing the quantity of
the special incinerator ash;
(c) Establish a process for submittal of an annual report
to the department disclosing the results of a testing program
to identify the toxic properties of the special incinerator ash
as necessary to ensure that the procedures established in the
plans submitted pursuant to this chapter are adequate to protect employees, human health, and the environment; and
(d) Comply with the rules established by the department
in accordance with this section.
(2) Prior to managing any special incinerator ash, any
person required to develop a plan pursuant to subsection (1)
of this section shall submit the plan to the department for
review and approval. Prior to approving a plan, the department shall find that the plan complies with the provisions of
this chapter, including any rules adopted under this chapter.
Approval may be conditioned upon additional requirements
necessary to protect employees, human health, and the environment, including special management requirements, waste
segregation, or treatment techniques such as neutralization,
detoxification, and solidification/stabilization.
[Title 70 RCW—page 440]
(3) The department shall give notice of receipt of a proposed plan to interested persons and the public and shall
accept public comment for a minimum of thirty days. The
department shall approve, approve with conditions, or reject
the plan submitted pursuant to this section within ninety days
of submittal.
(4) Prior to accepting any special incinerator ash for disposal, persons owning or operating facilities for the disposal
of the incinerator ash shall apply to the department for a permit. The department shall issue a permit if the disposal will
provide adequate protection of human health and the environment. Prior to issuance of any permit, the department shall
find that the facility meets the requirements of chapter 70.95
RCW and any rules adopted under this chapter. The department may place conditions on the permit to include additional requirements necessary to protect employees, human
health, and the environment, including special management
requirements, waste segregation, or treatment techniques
such as neutralization, detoxification, and solidification/stabilization.
(5) The department shall give notice of its receipt of a
permit application to interested persons and the public and
shall accept public comment for a minimum of thirty days.
The department shall issue, issue with conditions, or deny the
permit within ninety days of submittal.
(6) The department shall adopt rules to implement the
provisions of this chapter. The rules shall (a) establish minimum requirements for the management of special incinerator
ash as necessary to protect employees, human health, and the
environment, (b) clearly define the elements of the plans
required by this chapter, and (c) require special incinerator
ash to be disposed at facilities that are operating in compliance with this chapter. [1987 c 528 § 3.]
70.138.040
70.138.040 Civil penalties. (1) Except as provided in
RCW 43.05.060 through 43.05.080 and 43.05.150, any person who violates any provision of a department regulation or
regulatory order relating to the management of special incinerator ash shall incur in addition to any other penalty provided by law, a penalty in an amount up to ten thousand dollars a day for every such violation. Each and every such violation shall be a separate and distinct offense. In case of
continuing violation, every day’s continuance shall be a separate and distinct violation. Every person who, through an act
of commission or omission, procures, aids, or abets in the
violation shall be considered to have violated the provisions
of this section and shall be subject to the penalty herein provided.
(2) The penalty provided for in this section shall be
imposed by a notice in writing, either by certified mail with
return receipt requested or by personal service, to the person
incurring the same from the department, describing the violation with reasonable particularity. Within fifteen days after
the notice is received, the person incurring the penalty may
apply in writing to the department for the remission or mitigation of such penalty. Upon receipt of the application, the
department may remit or mitigate the penalty upon whatever
terms the department in its discretion deems proper, giving
consideration to the degree of hazard associated with the violation, provided the department deems such remission or mitigation to be in the best interests of carrying out the purposes
(2006 Ed.)
Area-Wide Soil Contamination
of this chapter. The department shall have authority to ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper.
(3) Any penalty imposed by this section shall become
due and payable thirty days after receipt of a notice imposing
the same unless application for remission or mitigation is
made or petition for review by the hearings board is filed.
When such an application for remission or mitigation is
made, any penalty incurred pursuant to this section shall
become due and payable thirty days after receipt of notice
setting forth the disposition of such application.
(4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the
attorney general, upon the request of the director, shall bring
an action in the name of the state of Washington in the superior court of Thurston county, or any county in which such
violator may do business, to recover such penalty. In all such
actions, the procedure and rules of evidence shall be the same
as an ordinary civil action except as otherwise provided in
this chapter. [1995 c 403 § 633; 1987 c 528 § 4.]
70.140.030
70.138.902
70.138.902 Severability—1987 c 528. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 528 § 14.]
Chapter 70.140
Chapter 70.140 RCW
AREA-WIDE SOIL CONTAMINATION
Sections
70.140.010
70.140.020
70.140.030
70.140.040
70.140.050
70.140.060
70.140.070
70.140.080
Findings.
Definitions.
Children in schools and child care facilities—Department
duties—School and child care facility duties.
Department assistance—Best management practice guidelines—Grants—Interagency agreements authorized—
Reports.
Department of health to provide assistance.
Department of social and health services to provide assistance.
Livestock, agricultural land exempt from chapter.
Existing authority of department not affected.
70.140.010
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
70.138.050
70.138.050 Violations—Orders. Whenever a person
violates any provision of this chapter or any permit or regulation the department may issue an order appropriate under the
circumstances to assure compliance with the chapter, permit,
or regulation. Such an order must be served personally or by
registered mail upon any person to whom it is directed. [1987
c 528 § 5.]
70.138.060
70.138.060 Enforcement—Injunctive relief. The
department, with the assistance of the attorney general, may
bring any appropriate action at law or in equity, including
action for injunctive relief as may be necessary to enforce the
provisions of this chapter or any permit or regulation issued
thereunder. [1987 c 528 § 6.]
70.138.070
70.138.070 Criminal penalties. Any person found
guilty of wilfully violating, without sufficient cause, any of
the provisions of this chapter, or permit or order issued pursuant to this chapter is guilty of a gross misdemeanor and
upon conviction shall be punished by a fine of up to ten thousand dollars and costs of prosecution, or by imprisonment for
up to one year, or by both. Each day of violation may be
deemed a separate violation. [1987 c 528 § 7.]
70.140.010 Findings. The legislature finds that state
and local agencies are currently implementing actions to
reduce children’s exposure to soils that contain hazardous
substances. The legislature further finds that it is in the public interest to enhance those efforts in western Washington in
areas located within the central Puget Sound smelter plume.
[2005 c 306 § 1.]
70.140.020
70.140.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Area-wide soil contamination" means low to moderate arsenic and lead soil contamination dispersed over a large
geographic area.
(2) "Child care facility" means a child day-care center or
a family day-care provider as those terms are defined under
*RCW 74.15.020.
(3) "Department" means the department of ecology.
(4) "Director" means the director of the department of
ecology.
(5) "Low to moderate soil contamination" means low
level arsenic or lead concentrations where a child’s exposure
to soil contamination at a school or a child care facility may
be reduced through best management practices.
(6) "School" means a public or private kindergarten, elementary, or secondary school. [2005 c 306 § 2.]
*Reviser’s note: RCW 74.15.020 was amended by 2006 c 265 § 401,
removing the definitions for "child day-care center" and "family day-care
provider."
70.140.030
70.138.900
70.138.900 Application of chapter to certain incinerators. This chapter shall not apply to municipal solid waste
incinerators that are in operation on May 19, 1987, until a
special incinerator waste disposal permit is issued in the
county where the municipal solid waste incinerator is located,
or July 1, 1989, whichever is sooner. [1987 c 528 § 12.]
70.138.901
70.138.901 Short title. This chapter shall be known as
the special incinerator ash disposal act. [1987 c 528 § 11.]
(2006 Ed.)
70.140.030 Children in schools and child care facilities—Department duties—School and child care facility
duties. (1) The department, in cooperation with the department of social and health services, the department of health,
the office of the superintendent of public instruction, and
local health districts, shall assist schools and child care facilities west of the crest of the Cascade mountains to reduce the
potential for children’s exposure to area-wide soil contamination.
(2) The department shall:
[Title 70 RCW—page 441]
70.140.040
Title 70 RCW: Public Health and Safety
(a) Identify schools and child care facilities that are
located within the central Puget Sound smelter plume based
on available information;
(b) Conduct qualitative evaluations to determine the
potential for children’s exposure to area-wide soil contamination;
(c) If the qualitative evaluation determines that children
may be routinely exposed to area-wide soil contamination at
a property, conduct soil samples at that property by December 31, 2009; and
(d) If soil sample results confirm the presence of areawide soil contamination, notify schools and child care facilities regarding the test results and the steps necessary for
implementing best management practices.
(3) If a school or a child care facility with area-wide soil
contamination does not implement best management practices within six months of receiving written notification from
the department, the superintendent or board of directors of a
school or the owner or operator of a child care facility must
notify parents and guardians in writing of the results of soil
tests. The written notice shall be prepared by the department.
(4) The department shall recognize schools and child
care facilities that successfully implement best management
practices with a voluntary certification letter confirming that
the facility has successfully implemented best management
practices.
(5) Schools and child care facilities must work with the
department to provide the department with site access for soil
sampling at times that are the most convenient for all parties.
[2005 c 306 § 3.]
70.140.040 Department assistance—Best management practice guidelines—Grants—Interagency agreements authorized—Reports. (1) The department shall
assist schools and owners and operators of child care facilities located within the central Puget Sound smelter plume.
Such assistance may include the following:
(a) Technical assistance in conducting qualitative evaluations to determine where area-wide soil contamination
exposures could occur;
(b) Technical and financial assistance in testing soils
where evaluations indicate potential for contamination; and
(c) Technical and financial assistance to implement best
management practices.
(2) The department shall develop best management practice guidelines for schools and day care facilities with areawide soil contamination. The guidelines shall recommend a
range of methods for reducing exposure to contaminated soil,
considering the concentration, extent, and location of contamination and the nature and frequency of child use of the
area.
(3) The department shall develop a grant program to
assist schools and child care facilities with implementing best
management practices.
(4) The department, within available funds, may provide
grants to schools and child care facilities for the purpose of
implementing best management practices.
(5) The department, within available funds, may provide
financial assistance to the department of health and the
department of social and health services to implement this
chapter.
70.140.040
[Title 70 RCW—page 442]
(6) The department may, through an interagency agreement, authorize a local health jurisdiction to administer any
activity in this chapter that is otherwise not assigned to a local
health jurisdiction by this chapter.
(7) The department shall evaluate actions to reduce child
exposure to contaminated soils and submit progress reports to
the governor and to the appropriate committees of the legislature by December 31, 2006, and December 31, 2008. [2005
c 306 § 4.]
70.140.050
70.140.050 Department of health to provide assistance. The department of health shall assist the department
in implementing this chapter, including but not limited to
developing best management practices and guidelines. [2005
c 306 § 5.]
70.140.060
70.140.060 Department of social and health services
to provide assistance. The department of social and health
services shall assist the department by providing information
on the location of child care facilities and contacts for these
facilities. [2005 c 306 § 6.]
70.140.070
70.140.070 Livestock, agricultural land exempt from
chapter. This chapter does not apply to land devoted primarily to the commercial production of livestock or agricultural
commodities. [2005 c 306 § 7.]
70.140.080
70.140.080 Existing authority of department not
affected. Nothing in this chapter is intended to change ongoing actions or the authority of the department or other agencies to require actions to address soil contamination under
existing laws. [2005 c 306 § 8.]
Chapter 70.142
Chapter 70.142 RCW
CHEMICAL CONTAMINANTS AND
WATER QUALITY
Sections
70.142.010
70.142.020
70.142.030
70.142.040
70.142.050
Establishment of standards for chemical contaminants in
drinking water by state board of health.
Establishment of monitoring requirements for chemical contaminants in public water supplies by state board of health.
Monitoring requirements—Considerations.
Establishment of water quality standards by local health
department in large counties.
Noncomplying public water supply systems—Submission of
corrective plan—Notification to system’s customers.
Reviser’s note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
70.142.010
70.142.010 Establishment of standards for chemical
contaminants in drinking water by state board of health.
(1) In order to protect public health from chemical contaminants in drinking water, the state board of health shall conduct public hearings and, where technical data allow, establish by rule standards for allowable concentrations. For purposes of this chapter, the words "chemical contaminants" are
limited to synthetic organic chemical contaminants and to
any other contaminants which in the opinion of the board
constitute a threat to public health. If adequate data to support
setting of a standard is available, the state board of health
(2006 Ed.)
Water Pollution Control Facilities Financing
shall adopt by rule a maximum contaminant level for water
provided to consumers’ taps. Standards set for contaminants
known to be toxic shall consider both short-term and chronic
toxicity. Standards set for contaminants known to be carcinogenic shall be consistent with risk levels established by the
state board of health.
(2) The board shall consider the best available scientific
information in establishing the standards. The board may
review and revise the standards. State and local standards for
chemical contaminants may be more strict than the federal
standards. [1984 c 187 § 1.]
70.146.020
by which the water tested exceeded the standards, in all customer bills mailed after such determination. The notification
shall continue until water quality tests conducted in accordance with this chapter establish that the system meets or
exceeds the minimum standards. [1991 c 3 § 375; 1984 c 187
§ 4.]
Chapter 70.146
Chapter 70.146 RCW
WATER POLLUTION CONTROL
FACILITIES FINANCING
Sections
70.142.020
70.142.020 Establishment of monitoring requirements for chemical contaminants in public water supplies
by state board of health. The state board of health shall
conduct public hearings and establish by rule monitoring
requirements for chemical contaminants in public water supplies. Results of tests conducted pursuant to such requirements shall be submitted to the department of health and to
the local health department. The state board of health may
review and revise monitoring requirements for chemical contaminants. [1991 c 3 § 374; 1984 c 187 § 2.]
70.146.010
70.146.020
70.146.030
70.146.040
70.146.050
70.146.060
70.146.070
70.146.075
70.146.080
70.146.090
70.146.900
Purpose—Legislative intent.
Definitions.
Water quality account—Progress report.
Level of grant or loan not precedent.
Compliance schedule for secondary treatment.
Water quality account distributions—Limitations.
Grants or loans for water pollution control facilities—Considerations.
Extended grant payments.
Determination of tax receipts in water quality account—Transfer of sufficient moneys from general revenues.
Grants and loans to local governments—Statement of environmental benefits—Development of outcome-focused performance measures.
Severability—1986 c 3.
70.142.030
70.142.030 Monitoring requirements—Considerations. The state board of health in determining monitoring
requirements for public water supply systems shall take into
consideration economic impacts as well as public health
risks. [1984 c 187 § 5.]
70.142.040
70.142.040 Establishment of water quality standards
by local health department in large counties. Each local
health department serving a county with a population of one
hundred twenty-five thousand or more may establish water
quality standards for its jurisdiction more stringent than standards established by the state board of health. Each local
health department establishing such standards shall base the
standards on the best available scientific information. [1991
c 363 § 145; 1984 c 187 § 3.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
70.142.050
70.142.050 Noncomplying public water supply systems—Submission of corrective plan—Notification to
system’s customers. Public water supply systems as defined
by RCW 70.119.020 that the state board of health or local
health department determines do not comply with the water
quality standards applicable to the system shall immediately
initiate preparation of a corrective plan designed to meet or
exceed the minimum standards for submission to the department of health. The owner of such system shall within one
year take any action required to bring the water into full compliance with the standards. The department of health may
require compliance as promptly as necessary to abate an
immediate public health threat or may extend the period of
compliance if substantial new construction is required: PROVIDED FURTHER, That the extension shall be granted only
upon a determination by the department, after a public hearing, that the extension will not pose an imminent threat to
public health. Each such system shall include a notice identifying the water quality standards exceeded, and the amount
(2006 Ed.)
70.146.010
70.146.010 Purpose—Legislative intent. The longrange health and environmental goals for the state of Washington require the protection of the state’s surface and underground waters for the health, safety, use, enjoyment, and economic benefit of its people. It is the purpose of this chapter to
provide financial assistance to the state and to local governments for the planning, design, acquisition, construction, and
improvement of water pollution control facilities and related
activities in the achievement of state and federal water pollution control requirements for the protection of the state’s
waters.
It is the intent of the legislature that distribution of moneys for water pollution control facilities under this chapter be
made on an equitable basis taking into consideration legal
mandates, local effort, ratepayer impacts, and past distributions of state and federal moneys for water pollution control
facilities.
It is the intent of this chapter that the cost of any water
pollution control facility attributable to increased or additional capacity that exceeds one hundred ten percent of existing needs at the time of application for assistance under this
chapter shall be entirely a local or private responsibility. It is
the intent of this chapter that industrial pretreatment be paid
by industries and that the water quality account shall not be
used for such purposes. [1986 c 3 § 1.]
Effective dates—1986 c 3: See note following RCW 82.24.027.
70.146.020
70.146.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Account" means the water quality account in the
state treasury.
(2) "Department" means the department of ecology.
(3) "Eligible cost" means the cost of that portion of a
water pollution control facility that can be financed under this
chapter excluding any portion of a facility’s cost attributable
[Title 70 RCW—page 443]
70.146.030
Title 70 RCW: Public Health and Safety
to capacity that is in excess of that reasonably required to
address one hundred ten percent of the applicant’s needs for
water pollution control existing at the time application is submitted for assistance under this chapter.
(4) "Water pollution control facility" or "facilities"
means any facilities or systems for the control, collection,
storage, treatment, disposal, or recycling of wastewater,
including but not limited to sanitary sewage, storm water,
residential, commercial, industrial, and agricultural wastes,
which are causing water quality degradation due to concentrations of conventional, nonconventional, or toxic pollutants. Water pollution control facilities include all equipment,
utilities, structures, real property, and interests in and
improvements on real property necessary for or incidental to
such purpose. Water pollution control facilities also include
such facilities, equipment, and collection systems as are necessary to protect federally designated sole source aquifers.
(5) "Water pollution control activities" means actions
taken by a public body for the following purposes: (a) To
prevent or mitigate pollution of underground water; (b) to
control nonpoint sources of water pollution; (c) to restore the
water quality of fresh water lakes; and (d) to maintain or
improve water quality through the use of water pollution control facilities or other means. During the 1995-1997 fiscal
biennium, "water pollution control activities" includes activities by state agencies to protect public drinking water supplies and sources.
(6) "Public body" means the state of Washington or any
agency, county, city or town, conservation district, other
political subdivision, municipal corporation, quasi-municipal
corporation, and those Indian tribes now or hereafter recognized as such by the federal government.
(7) "Water pollution" means such contamination, or
other alteration of the physical, chemical, or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create
a nuisance or render such waters harmful, detrimental, or
injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other
legitimate beneficial uses, or to livestock, wild animals,
birds, fish, or other aquatic life.
(8) "Nonpoint source water pollution" means pollution
that enters any waters of the state from any dispersed waterbased or land-use activities, including, but not limited to,
atmospheric deposition, surface water runoff from agricultural lands, urban areas, and forest lands, subsurface or
underground sources, and discharges from boats or other
marine vessels.
(9) "Sole source aquifer" means the sole or principal
source of public drinking water for an area designated by the
administrator of the environmental protection agency pursuant to Public Law 93-523, Sec. 1424(b). [1995 2nd sp.s. c 18
§ 920; 1993 sp.s. c 24 § 923; 1987 c 436 § 5; 1986 c 3 § 2.]
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Effective dates—1986 c 3: See note following RCW 82.24.027.
[Title 70 RCW—page 444]
70.146.030
70.146.030 Water quality account—Progress report.
(1) The water quality account is hereby created in the state
treasury. Moneys in the account may be used only in a manner consistent with this chapter. Moneys deposited in the
account shall be administered by the department of ecology
and shall be subject to legislative appropriation. Moneys
placed in the account shall include tax receipts as provided in
RCW 82.24.027, 82.24.026(2)(d), *82.26.025, and
82.32.390, principal and interest from the repayment of any
loans granted pursuant to this chapter, and any other moneys
appropriated to the account by the legislature.
(2) The department may use or permit the use of any
moneys in the account to make grants or loans to public bodies, including grants to public bodies as cost-sharing moneys
in any case where federal, local, or other funds are made
available on a cost-sharing basis, for water pollution control
facilities and activities, or for purposes of assisting a public
body to obtain an ownership interest in water pollution control facilities and/or to defray a part of the payments made by
a public body to a service provider under a service agreement
entered into pursuant to RCW 70.150.060, within the purposes of this chapter and for related administrative expenses.
For the period July 1, 2005, to June 30, 2007, moneys in the
account may be used to process applications received by the
department that seek to make changes to or transfer existing
water rights, for water conveyance projects, and for grants
and technical assistance to public bodies for watershed planning under chapter 90.82 RCW. No more than three percent
of the moneys deposited in the account may be used by the
department to pay for the administration of the grant and loan
program authorized by this chapter.
(3) Beginning with the biennium ending June 30, 1997,
the department shall present a biennial progress report on the
use of moneys from the account to the chairs of the senate
committee on ways and means and the house of representatives committee on appropriations. The first report is due
June 30, 1996, and the report for each succeeding biennium is
due December 31st of the odd-numbered year. The report
shall consist of a list of each recipient, project description,
and amount of the grant, loan, or both. [2005 c 518 § 940;
2005 c 514 § 1108; 2004 c 277 § 909; 2003 1st sp.s. c 25 §
934; 2002 c 371 § 921; 2001 2nd sp.s. c 7 § 922; 1996 c 37 §
2; 1995 2nd sp.s. c 18 § 921; 1991 sp.s. c 13 § 61. Prior:
1987 c 505 § 64; 1987 c 436 § 6; 1986 c 3 § 3.]
Reviser’s note: *(1) RCW 82.26.025 was repealed by 2005 c 180 § 23,
effective July 1, 2005.
(2) This section was amended by 2005 c 514 § 1108 and by 2005 c 518
§ 940, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Severability—Effective date—2005 c 518: See notes following RCW
28A.305.210.
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.
Severability—Effective dates—2004 c 277: See notes following
RCW 89.08.550.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
(2006 Ed.)
Water Pollution Control Facilities Financing
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective dates—1986 c 3: See note following RCW 82.24.027.
70.146.040
70.146.040 Level of grant or loan not precedent. No
grant or loan made in this chapter for fiscal year 1987 shall be
construed to establish a precedent for levels of grants or loans
made from the water quality account thereafter. [1986 c 3 §
6.]
Effective dates—1986 c 3: See note following RCW 82.24.027.
70.146.050
70.146.050 Compliance schedule for secondary treatment. The department of ecology may provide for a phased
in compliance schedule for secondary treatment which
addresses local factors that may impede compliance with secondary treatment requirements of the federal clean water act.
In determining the length of time to be granted for compliance, the department shall consider the criteria specified in
the federal clean water act. [1986 c 3 § 8.]
Effective dates—1986 c 3: See note following RCW 82.24.027.
70.146.060
70.146.060 Water quality account distributions—
Limitations. During the period from July 1, 1987, until June
30, 1995, the following limitations shall apply to the department’s total distribution of funds appropriated from the water
quality account:
(1) Not more than fifty percent for water pollution control facilities which discharge directly into marine waters;
(2) Not more than twenty percent for water pollution
control activities that prevent or mitigate pollution of underground waters and facilities that protect federally designated
sole source aquifers with at least two-thirds for the SpokaneRathdrum Prairie Aquifer;
(3) Not more than ten percent for water pollution control
activities that protect freshwater lakes and rivers including
but not limited to Lake Chelan and the Yakima and Columbia
rivers;
(4) Not more than ten percent for activities which control
nonpoint source water pollution;
(5) Ten percent and such sums as may be remaining from
the categories specified in subsections (1) through (4) of this
section for water pollution control activities or facilities as
determined by the department; and
(6) Two and one-half percent of the total amounts of
moneys under subsections (1) through (5) of this section from
February 21, 1986, until December 31, 1995, shall be appropriated biennially to the state conservation commission for
the purposes of this chapter. Not less than ten percent of the
moneys received by the state conservation commission under
the provisions of this section shall be expended on research
activities.
The distribution under this section shall not be required
to be met in any single fiscal year.
Funds provided for facilities and activities under this
chapter may be used for payments to a service provider under
a service agreement pursuant to RCW 70.150.060. If funds
are to be used for such payments, the department may make
(2006 Ed.)
70.146.070
periodic disbursements to a public body or may make a single
lump sum disbursement. Disbursements of funds with respect
to a facility owned or operated by a service provider shall be
equivalent in value to disbursements that would otherwise be
made if that facility were owned or operated by a public
body. Payments under this chapter for waste disposal and
management facilities made to public bodies entering into
service agreements pursuant to RCW 70.150.060 shall not
exceed amounts paid to public bodies not entering into service agreements. [1987 c 527 § 1; 1987 c 436 § 7; 1986 c 3 §
9.]
Reviser’s note: This section was amended by 1987 c 436 § 7 and by
1987 c 527 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective dates—1986 c 3: See note following RCW 82.24.027.
70.146.070
70.146.070 Grants or loans for water pollution control facilities—Considerations. (1) When making grants or
loans for water pollution control facilities, the department
shall consider the following:
(a) The protection of water quality and public health;
(b) The cost to residential ratepayers if they had to
finance water pollution control facilities without state assistance;
(c) Actions required under federal and state permits and
compliance orders;
(d) The level of local fiscal effort by residential ratepayers since 1972 in financing water pollution control facilities;
(e) The extent to which the applicant county or city, or if
the applicant is another public body, the extent to which the
county or city in which the applicant public body is located,
has established programs to mitigate nonpoint pollution of
the surface or subterranean water sought to be protected by
the water pollution control facility named in the application
for state assistance; and
(f) The recommendations of the Puget Sound action team
and any other board, council, commission, or group established by the legislature or a state agency to study water pollution control issues in the state.
(2) Except where necessary to address a public health
need or substantial environmental degradation, a county, city,
or town planning under RCW 36.70A.040 may not receive a
grant or loan for water pollution control facilities unless it has
adopted a comprehensive plan, including a capital facilities
plan element, and development regulations as required by
RCW 36.70A.040. This subsection does not require any
county, city, or town planning under RCW 36.70A.040 to
adopt a comprehensive plan or development regulations
before requesting or receiving a grant or loan under this chapter if such request is made before the expiration of the time
periods specified in RCW 36.70A.040. A county, city, or
town planning under RCW 36.70A.040 which has not
adopted a comprehensive plan and development regulations
within the time periods specified in RCW 36.70A.040 is not
prohibited from receiving a grant or loan under this chapter if
the comprehensive plan and development regulations are
adopted as required by RCW 36.70A.040 before submitting a
request for a grant or loan.
(3) Whenever the department is considering awarding
grants or loans for public facilities to special districts request[Title 70 RCW—page 445]
70.146.075
Title 70 RCW: Public Health and Safety
ing funding for a proposed facility located in a county, city,
or town planning under RCW 36.70A.040, it shall consider
whether the county, city, or town planning under RCW
36.70A.040 in whose planning jurisdiction the proposed
facility is located has adopted a comprehensive plan and
development regulations as required by RCW 36.70A.040.
[1999 c 164 § 603; 1997 c 429 § 30; 1991 sp.s. c 32 § 24;
1986 c 3 § 10.]
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Savings—1999 c 164 §§ 301-303, 305, 306, and 601-603: See note following RCW 82.60.020.
Effective date—1997 c 429 §§ 29 and 30: See note following RCW
43.155.070.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Effective dates—1986 c 3: See note following RCW 82.24.027.
bring the total revenue up to forty-five million dollars. However, during the 2005-2007 fiscal biennium, the legislature
may specify the transfer of a different amount in the operating budget bill. Determinations and transfers shall be made
by July 31 for the preceding fiscal year. [2005 c 518 § 941;
2003 1st sp.s. c 25 § 935; 1994 sp.s. c 6 § 902; 1993 sp.s. c 24
§ 924; 1991 sp.s. c 16 § 923; 1986 c 3 § 11.]
Severability—Effective date—2005 c 518: See notes following RCW
28A.305.210.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—1994 sp.s. c 6: See notes following
RCW 28A.310.020.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Severability—Effective date—1991 sp.s. c 16: See notes following
RCW 9.46.100.
Effective dates—1986 c 3: See note following RCW 82.24.027.
70.146.090 Grants and loans to local governments—
Statement of environmental benefits—Development of
outcome-focused performance measures. In providing
grants and loans to local governments, the department shall
require recipients to incorporate the environmental benefits
of the project into their applications, and the department shall
utilize the statement of environmental benefits in its grant
and loan prioritization and selection process. The department
shall also develop appropriate outcome-focused performance
measures to be used both for management and performance
assessment of the grant and loan program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as
defined in RCW 43.41.270. The department shall consult
with affected interest groups in implementing this section.
[2001 c 227 § 6.]
70.146.090
70.146.075
70.146.075 Extended grant payments. (1) The department of ecology may enter into contracts with local jurisdictions which provide for extended grant payments under
which eligible costs may be paid on an advanced or deferred
basis.
(2) Extended grant payments shall be in equal annual
payments, the total of which does not exceed, on a net present
value basis, fifty percent of the total eligible cost of the
project incurred at the time of design and construction. The
duration of such extended grant payments shall be for a
period not to exceed twenty years. The total of federal and
state grant moneys received for the eligible costs of the
project shall not exceed fifty percent of the eligible costs.
(3) Any moneys appropriated by the legislature from the
water quality account shall be first used by the department of
ecology to satisfy the conditions of the extended grant payment contracts. [1987 c 516 § 1.]
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
70.146.900 Severability—1986 c 3. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 3 § 16.]
70.146.900
70.146.080
70.146.080 Determination of tax receipts in water
quality account—Transfer of sufficient moneys from general revenues. Within thirty days after June 30, 1987, and
within thirty days after each succeeding fiscal year thereafter,
the state treasurer shall determine the tax receipts deposited
into the water quality account for the preceding fiscal year. If
the tax receipts deposited into the account in each of the fiscal
years 1988 and 1989 are less than forty million dollars, the
state treasurer shall transfer sufficient moneys from general
state revenues into the water quality account to bring the total
receipts in each fiscal year up to forty million dollars.
For the biennium ending June 30, 1991, if the tax
receipts deposited into the water quality account and the
earnings on investment of balances credited to the account
are less than ninety million dollars, the treasurer shall transfer
sufficient moneys from general state revenues into the water
quality account to bring the total revenue up to ninety million
dollars. The determination and transfer shall be made by July
31, 1991.
For fiscal year 1992 and for fiscal years 1995 and 1996
and thereafter, if the tax receipts deposited into the water
quality account for each fiscal year are less than forty-five
million dollars, the treasurer shall transfer sufficient moneys
from general state revenues into the water quality account to
[Title 70 RCW—page 446]
Chapter 70.148 RCW
UNDERGROUND PETROLEUM STORAGE TANKS
Chapter 70.148
Sections
70.148.005
70.148.010
70.148.020
70.148.025
70.148.030
70.148.035
70.148.040
70.148.050
70.148.060
70.148.070
70.148.080
70.148.090
70.148.110
70.148.120
70.148.130
70.148.140
Finding—Intent.
Definitions.
Pollution liability insurance program trust account.
Reinsurance for heating oil pollution liability protection program.
Pollution liability insurance program—Generally—Ad hoc
committees.
Program design—Cost coverage.
Rules.
Powers and duties of director.
Disclosure of reports and information—Penalty.
Insurer selection process and criteria.
Cancellation or refusal by insurer—Appeal.
Exemptions from Title 48 RCW—Exceptions.
Reservation of legislative power.
Financial assistance for corrective actions in small communities—Intent.
Financial assistance—Criteria.
Financial assistance—Private owner or operator.
(2006 Ed.)
Underground Petroleum Storage Tanks
70.148.150
70.148.160
70.148.170
70.148.900
70.148.901
70.148.005
Financial assistance—Public owner or operator.
Financial assistance—Rural hospitals.
Certification.
Expiration of chapter.
Severability—1989 c 383.
70.148.005 Finding—Intent. (Expires June 1, 2013.)
(1) The legislature finds that:
(a) Final regulations adopted by the United States environmental protection agency (EPA) require owners and operators of underground petroleum storage tanks to demonstrate
financial responsibility for accidental releases of petroleum
as a precondition to continued ownership and operation of
such tanks;
(b) Financial responsibility is demonstrated through the
purchase of pollution liability insurance or an acceptable
alternative such as coverage under a state financial responsibility program, in the amount of at least five hundred thousand dollars per occurrence and one million dollars annual
aggregate depending upon the nature, use, and number of
tanks owned or operated;
(c) Many owners and operators of underground petroleum storage tanks cannot purchase pollution liability insurance either because private insurance is unavailable at any
price or because owners and operators cannot meet the rigid
underwriting standards of existing insurers, nor can many
owners and operators meet the strict regulatory standards
imposed for alternatives to the purchase of insurance; and
(d) Without a state financial responsibility program for
owners and operators of underground petroleum storage
tanks, many tank owners and operators will be forced to discontinue the ownership and operation of these tanks.
(2) The purpose of this chapter is to create a state financial responsibility program meeting EPA standards for owners and operators of underground petroleum storage tanks in
a manner that:
(a) Minimizes state involvement in pollution liability
claims management and insurance administration;
(b) Protects the state of Washington from unwanted and
unanticipated liability for accidental release claims;
(c) Creates incentives for private insurers to provide
needed liability insurance; and
(d) Parallels generally accepted principles of insurance
and risk management.
To that end, this chapter establishes a temporary program to provide pollution liability reinsurance at a price that
will encourage a private insurance company or risk retention
group to sell pollution liability insurance in accordance with
the requirements of this chapter to owners and operators of
underground petroleum storage tanks, thereby allowing the
owners and operators to comply with the financial responsibility regulations of the EPA.
(3) It is not the intent of this chapter to permit owners
and operators of underground petroleum storage tanks to
obtain pollution liability insurance without regard to the quality or condition of their storage tanks or without regard to the
risk management practices of tank owners and operators, nor
is it the intent of this chapter to provide coverage or funding
for past or existing petroleum releases. Further, it is the intent
of the legislature that the program follow generally accepted
insurance underwriting and actuarial principles and to deviate
from those principles only to the extent necessary and within
(2006 Ed.)
70.148.010
the tax revenue limits provided, to make pollution liability
insurance reasonably affordable and available to owners and
operators who meet the requirements of this chapter, particularly to those owners and operators whose underground storage tanks meet a vital economic need within the affected
community. [1990 c 64 § 1; 1989 c 383 § 1.]
70.148.010 Definitions. (Expires June 1, 2013.)
Unless the context requires otherwise, the definitions in this
section apply throughout this chapter.
(1) "Accidental release" means any sudden or nonsudden
release of petroleum arising from operating an underground
storage tank that results in a need for corrective action, bodily
injury, or property damage neither expected nor intended by
the owner or operator.
(2) "Director" means the Washington pollution liability
insurance program director.
(3) "Bodily injury" means bodily injury, sickness, or disease sustained by any person, including death at any time
resulting from the injury, sickness, or disease.
(4) "Corrective action" means those actions reasonably
required to be undertaken by the insured to remove, treat,
neutralize, contain, or clean up an accidental release in order
to comply with any statute, ordinance, rule, regulation, directive, order, or similar legal requirement of the United States,
the state of Washington, or any political subdivision of the
United States or the state of Washington in effect at the time
of an accidental release. "Corrective action" includes, when
agreed to in writing, in advance by the insurer, action to
remove, treat, neutralize, contain, or clean up an accidental
release to avert, reduce, or eliminate the liability of the
insured for corrective action, bodily injury, or property damage. "Corrective action" also includes actions reasonably necessary to monitor, assess, and evaluate an accidental release.
"Corrective action" does not include:
(a) Replacement or repair of storage tanks or other receptacles;
(b) Replacement or repair of piping, connections, and
valves of storage tanks or other receptacles;
(c) Excavation or backfilling done in conjunction with
(a) or (b) of this subsection; or
(d) Testing for a suspected accidental release if the
results of the testing indicate that there has been no accidental
release.
(5) "Defense costs" include the costs of legal representation, expert fees, and related costs and expenses incurred in
defending against claims or actions brought by or on behalf
of:
(a) The United States, the state of Washington, or any
political subdivision of the United States or state of Washington to require corrective action or to recover costs of corrective action; or
(b) A third party for bodily injury or property damage
caused by an accidental release.
(6) "Washington pollution liability insurance program"
or "program" means the reinsurance program created by this
chapter.
(7) "Insured" means the owner or operator who is provided insurance coverage in accordance with this chapter.
(8) "Insurer" means the insurance company or risk retention group licensed or qualified to do business in Washington
70.148.010
[Title 70 RCW—page 447]
70.148.020
Title 70 RCW: Public Health and Safety
and authorized by the director to provide insurance coverage
in accordance with this chapter.
(9) "Loss reserve" means the amount traditionally set
aside by commercial liability insurers for costs and expenses
related to claims that have been made. "Loss reserve" does
not include losses that have been incurred but not reported to
the insurer.
(10) "Occurrence" means an accident, including continuous or repeated exposure to conditions, that results in a
release from an underground storage tank.
(11) "Operator" means a person in control of, or having
responsibility for, the daily operation of an underground storage tank.
(12) "Owner" means a person who owns an underground
storage tank.
(13) "Person" means an individual, trust, firm, joint
stock company, corporation (including government corporation), partnership, association, consortium, joint venture,
commercial entity, state, municipality, commission, political
subdivision of a state, interstate body, the federal government, or any department or agency of the federal government.
(14) "Petroleum" means crude oil or any fraction of
crude oil that is liquid at standard conditions of temperature
and pressure, which means at sixty degrees Fahrenheit and
14.7 pounds per square inch absolute and includes gasoline,
kerosene, heating oils, and diesel fuels.
(15) "Property damage" means:
(a) Physical injury to, destruction of, or contamination of
tangible property, including the loss of use of the property
resulting from the injury, destruction, or contamination; or
(b) Loss of use of tangible property that has not been
physically injured, destroyed, or contaminated but has been
evacuated, withdrawn from use, or rendered inaccessible
because of an accidental release.
(16) "Release" means the emission, discharge, disposal,
dispersal, seepage, or escape of petroleum from an underground storage tank into or upon land, ground water, surface
water, subsurface soils, or the atmosphere.
(17) "Surplus reserve" means the amount traditionally
set aside by commercial property and casualty insurance
companies to provide financial protection from unexpected
losses and to serve, in part, as a measure of an insurance company’s net worth.
(18) "Tank" means a stationary device, designed to contain an accumulation of petroleum, that is constructed primarily of nonearthen materials such as wood, concrete, steel, or
plastic that provides structural support.
(19) "Underground storage tank" means any one or a
combination of tanks including underground pipes connected
to the tank, that is used to contain an accumulation of petroleum and the volume of which (including the volume of the
underground pipes connected to the tank) is ten percent or
more beneath the surface of the ground. [1990 c 64 § 2; 1989
c 383 § 2.]
70.148.020 Pollution liability insurance program
trust account. (Expires June 1, 2013.) (1) The pollution
liability insurance program trust account is established in the
custody of the state treasurer. All funds appropriated for this
chapter and all premiums collected for reinsurance shall be
deposited in the account. Expenditures from the account
70.148.020
[Title 70 RCW—page 448]
shall be used exclusively for the purposes of this chapter
including payment of costs of administering the pollution liability insurance and underground storage tank community
assistance programs. Expenditures for payment of administrative and operating costs of the agency are subject to the
allotment procedures under chapter 43.88 RCW and may be
made only after appropriation by statute. No appropriation is
required for other expenditures from the account.
(2) Each calendar quarter, the director shall report to the
insurance commissioner the loss and surplus reserves
required for the calendar quarter. The director shall notify
the department of revenue of this amount by the fifteenth day
of each calendar quarter.
(3) Each calendar quarter the director shall determine the
amount of reserves necessary to fund commitments made to
provide financial assistance under RCW 70.148.130 to the
extent that the financial assistance reserves do not jeopardize
the operations and liabilities of the pollution liability insurance program. The director shall notify the department of
revenue of this amount by the fifteenth day of each calendar
quarter. The director may immediately establish an initial
financial assistance reserve of five million dollars from available revenues. The director may not expend more than fifteen million dollars for the financial assistance program.
(4) During the 2005-2007 fiscal biennium, the legislature
may transfer from the pollution liability insurance program
trust account to the state general fund such amounts as reflect
the excess fund balance of the account.
(5) This section expires June 1, 2013. [2006 c 276 § 1;
2005 c 518 § 942; 1999 c 73 § 1; 1998 c 245 § 114; 1991 sp.s.
c 13 § 90; 1991 c 4 § 7; 1990 c 64 § 3; 1989 c 383 § 3.]
Severability—Effective date—2005 c 518: See notes following RCW
28A.305.210.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1991 c 4: See note following RCW 70.148.120.
70.148.025 Reinsurance for heating oil pollution liability protection program. (Expires June 1, 2013.) The
director shall provide reinsurance through the pollution liability insurance program trust account to the heating oil pollution liability protection program under chapter 70.149
RCW. [1995 c 20 § 12.]
70.148.025
Severability—1995 c 20: See RCW 70.149.901.
70.148.030 Pollution liability insurance program—
Generally—Ad hoc committees. (Expires June 1, 2013.)
(1) The Washington pollution liability insurance program is
created as an independent agency of the state. The administrative head and appointing authority of the program shall be
the director who shall be appointed by the governor, with the
consent of the senate, and shall serve at the pleasure of the
governor. The salary for this office shall be set by the governor pursuant to RCW 43.03.040. The director shall appoint a
deputy director. The director, deputy director, and up to three
other employees are exempt from the civil service law, chapter 41.06 RCW.
(2) The director shall employ such other staff as are necessary to fulfill the responsibilities and duties of the director.
The staff is subject to the civil service law, chapter 41.06
RCW. In addition, the director may contract with third parties
70.148.030
(2006 Ed.)
Underground Petroleum Storage Tanks
for services necessary to carry out its activities where this
will promote economy, avoid duplication of effort, and make
best use of available expertise. To the extent necessary to
protect the state from unintended liability and ensure quality
program and contract design, the director shall contract with
an organization or organizations with demonstrated experience and ability in managing and designing pollution liability
insurance and with an organization or organizations with
demonstrated experience and ability in managing and designing pollution liability reinsurance. The director shall enter
into such contracts after competitive bid but need not select
the lowest bid. Any such contractor or consultant is prohibited from releasing, publishing, or otherwise using any information made available to it under its contractual responsibility without specific permission of the program director. The
director may call upon other agencies of the state to provide
technical support and available information as necessary to
assist the director in meeting the director’s responsibilities
under this chapter. Agencies shall supply this support and
information as promptly as circumstances permit.
(3) The director may appoint ad hoc technical advisory
committees to obtain expertise necessary to fulfill the purposes of this chapter. [1994 sp.s. c 9 § 805; 1990 c 64 § 4;
1989 c 383 § 4.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
70.148.035
70.148.035 Program design—Cost coverage. (Expires
June 1, 2013.) The director may design the program to cover
the costs incurred in determining whether a proposed applicant for pollution insurance under the program meets the
underwriting standards of the insurer. In covering such costs
the director shall consider the financial resources of the applicant, shall take into consideration the economic impact of the
discontinued use of the applicant’s storage tank upon the
affected community, shall provide coverage within the revenue limits provided under this chapter, and shall limit coverage of such costs to the extent that coverage would be detrimental to providing affordable insurance under the program.
[1990 c 64 § 11.]
70.148.040
70.148.040 Rules. (Expires June 1, 2013.) The director
may adopt rules consistent with this chapter to carry out the
purposes of this chapter. All rules shall be adopted in accordance with chapter 34.05 RCW. [1990 c 64 § 5; 1989 c 383
§ 5.]
70.148.050
70.148.050 Powers and duties of director. (Expires
June 1, 2013.) The director has the following powers and
duties:
(1) To design and from time to time revise a reinsurance
contract providing coverage to an insurer meeting the
requirements of this chapter. Before initially entering into a
reinsurance contract, the director shall prepare an actuarial
report describing the various reinsurance methods considered
by the director and describing each method’s costs. In
designing the reinsurance contract the director shall consider
common insurance industry reinsurance contract provisions
and shall design the contract in accordance with the following guidelines:
(2006 Ed.)
70.148.060
(a) The contract shall provide coverage to the insurer for
the liability risks of owners and operators of underground
storage tanks for third party bodily injury and property damage and corrective action that are underwritten by the insurer.
(b) In the event of an insolvency of the insurer, the reinsurance contract shall provide reinsurance payable directly to
the insurer or to its liquidator, receiver, or successor on the
basis of the liability of the insurer in accordance with the
reinsurance contract. In no event may the program be liable
for or provide coverage for that portion of any covered loss
that is the responsibility of the insurer whether or not the
insurer is able to fulfill the responsibility.
(c) The total limit of liability for reinsurance coverage
shall not exceed one million dollars per occurrence and two
million dollars annual aggregate for each policy underwritten
by the insurer less the ultimate net loss retained by the insurer
as defined and provided for in the reinsurance contract.
(d) Disputes between the insurer and the insurance program shall be settled through arbitration.
(2) To design and implement a structure of periodic premiums due the director from the insurer that takes full advantage of revenue collections and projected revenue collections
to ensure affordable premiums to the insured consistent with
sound actuarial principles.
(3) To periodically review premium rates for reinsurance
to determine whether revenue appropriations supporting the
program can be reduced without substantially increasing the
insured’s premium costs.
(4) To solicit bids from insurers and select an insurer to
provide pollution liability insurance to owners and operators
of underground storage tanks for third party bodily injury and
property damage and corrective action.
(5) To monitor the activities of the insurer to ensure
compliance with this chapter and protect the program from
excessive loss exposure resulting from claims mismanagement by the insurer.
(6) To monitor the success of the program and periodically make such reports and recommendations to the legislature as the director deems appropriate, and to annually publish a financial report on the pollution liability insurance prog r a m tr u st a c c o u nt sh o win g , a m o n g ot h e r th in g s,
administrative and other expenses paid from the fund.
(7) To annually report the financial and loss experience
of the insurer as to policies issued under the program and the
financial and loss experience of the program to the legislature.
(8) To enter into contracts with public and private agencies to assist the director in his or her duties to design, revise,
monitor, and evaluate the program and to provide technical or
professional assistance to the director.
(9) To examine the affairs, transactions, accounts,
records, documents, and assets of insurers as the director
deems advisable. [2006 c 276 § 2; 1998 c 245 § 115; 1995 c
12 § 1; 1990 c 64 § 6; 1989 c 383 § 6.]
Effective date—1995 c 12: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 12, 1995]." [1995 c 12 § 3.]
70.148.060
70.148.060 Disclosure of reports and information—
Penalty. (Expires June 1, 2013.) (1) All examination and
[Title 70 RCW—page 449]
70.148.070
Title 70 RCW: Public Health and Safety
proprietary reports and information obtained by the director
and the director’s staff in soliciting bids from insurers and in
monitoring the insurer selected by the director shall not be
made public or otherwise disclosed to any person, firm, corporation, agency, association, governmental body, or other
entity.
(2) Subsection (1) of this section notwithstanding, the
director may furnish all or part of examination reports prepared by the director or by any person, firm, corporation,
association, or other entity preparing the reports on behalf of
the director to:
(a) The Washington state insurance commissioner;
(b) A person or organization officially connected with
the insurer as officer, director, attorney, auditor, or independent attorney or independent auditor; and
(c) The attorney general in his or her role as legal advisor
to the director.
(3) Subsection (1) of this section notwithstanding, the
director may furnish all or part of the examination or proprietary reports or information obtained by the director to:
(a) The Washington state insurance commissioner; and
(b) A person, firm, corporation, association, governmental body, or other entity with whom the director has contracted for services necessary to perform his or her official
duties.
(4) Examination reports and proprietary information
obtained by the director and the director’s staff are not subject to public disclosure under chapter 42.56 RCW.
(5) A person who violates any provision of this section is
guilty of a gross misdemeanor. [2005 c 274 § 341; 1990 c 64
§ 7; 1989 c 383 § 7.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
70.148.070 Insurer selection process and criteria.
(Expires June 1, 2013.) (1) In selecting an insurer to provide
pollution liability insurance coverage to owners and operators of underground storage tanks, the director shall evaluate
bids based upon criteria established by the director that shall
include:
(a) The insurer’s ability to underwrite pollution liability
insurance;
(b) The insurer’s ability to settle pollution liability
claims quickly and efficiently;
(c) The insurer’s estimate of underwriting and claims
adjustment expenses;
(d) The insurer’s estimate of premium rates for providing
coverage;
(e) The insurer’s ability to manage and invest premiums;
and
(f) The insurer’s ability to provide risk management
guidance to insureds.
The director shall select the bidder most qualified to provide insurance consistent with this chapter and need not
select the bidder submitting the least expensive bid. The
director may consider bids by groups of insurers and management companies who propose to act in concert in providing
coverage and who otherwise meet the requirements of this
chapter.
(2) The successful bidder shall agree to provide liability
insurance coverage to owners and operators of underground
70.148.070
[Title 70 RCW—page 450]
storage tanks for third party bodily injury and property damage and corrective action consistent with the following minimum standards:
(a) The insurer shall provide coverage for defense costs.
(b) The insurer shall collect a deductible from the
insured for corrective action in an amount approved by the
director.
(c) The insurer shall provide coverage for accidental
releases in the amount of five hundred thousand dollars per
occurrence and one million dollars annual aggregate but no
more than one million dollars per occurrence and two million
dollars annual aggregate exclusive of defense costs.
(d) The insurer shall require insurance applicants to meet
at least the following underwriting standards before issuing
coverage to the applicant:
(i) The applicant must be in compliance with statutes,
ordinances, rules, regulations, and orders governing the ownership and operation of underground storage tanks as identified by the director by rule; and
(ii) The applicant must exercise adequate underground
storage tank risk management as specified by the director by
rule.
(e) The insurer may exclude coverage for losses arising
before the effective date of coverage, and the director may
adopt rules establishing standards for determining whether a
loss was incurred before the effective date of coverage.
(f) The insurer may exclude coverage for bodily injury,
property damage, and corrective action as permitted by the
director by rule.
(g) The insurer shall use a variable rate schedule
approved by the director taking into account tank type, tank
age, and other factors specified by the director.
(3) The director shall adopt all rules necessary to implement this section. In developing and adopting rules governing
rates, deductibles, underwriting standards, and coverage conditions, limitations, and exclusions, the director shall balance
the owner and operator’s need for coverage with the need to
maintain the actuarial integrity of the program, shall take into
consideration the economic impact of the discontinued use of
a storage tank upon the affected community, and shall consult
with the *standing technical advisory committee established
under RCW 70.148.030(3). In developing and adopting rules
governing coverage exclusions affecting corrective action,
the director shall consult with the Washington state department of ecology.
(4) Notwithstanding the definitions contained in RCW
70.148.010, the director may permit an insurer to use different words or phrases describing the coverage provided under
the program. In permitting such deviations from the definitions contained in RCW 70.148.010, the director shall consider the regulations adopted by the United States environmental protection agency requiring financial responsibility
by owners and operators of underground petroleum storage
tanks.
(5) Owners and operators of underground storage tanks
or sites containing underground storage tanks where a preexisting release has been identified or where the owner or operator knows of a preexisting release are eligible for coverage
under the program subject to the following conditions:
(a) The owner or operator must have a plan for proceeding with corrective action; and
(2006 Ed.)
Underground Petroleum Storage Tanks
(b) If the owner or operator files a claim with the insurer,
the owner or operator has the burden of proving that the claim
is not related to a preexisting release until the owner or operator demonstrates to the satisfaction of the director that corrective action has been completed.
(6) When a reinsurance contract has been entered into by
the agency and insurance companies, the director shall notify
the department of ecology of the letting of the contract.
Within thirty days of that notification, the department of ecology shall notify all known owners and operators of petroleum
underground storage tanks that appropriate levels of financial
responsibility must be established by October 26, 1990, in
accordance with federal environmental protection agency
requirements, and that insurance under the program is available. All owners and operators of petroleum underground
storage tanks must also be notified that declaration of method
of financial responsibility or intent to seek to be insured
under the program must be made to the state by November 1,
1990. If the declaration of method of financial responsibility
is not made by November 1, 1990, the department of ecology
shall, pursuant to chapter 90.76 RCW, prohibit the owner or
operator of an underground storage tank from obtaining a
tank tag or receiving petroleum products until such time as
financial responsibility has been established. [1990 c 64 § 8;
1989 c 383 § 8.]
*Reviser’s note: The "standing technical advisory committee" was
abolished by 1994 sp.s. c 9 § 805 and in its place the director was given
authority to appoint ad hoc technical advisory committees.
70.148.080
70.148.080 Cancellation or refusal by insurer—
Appeal. (Expires June 1, 2013.) If the insurer cancels or
refuses to issue or renew a policy, the affected owner or operator may appeal the insurer’s decision to the director. The
director shall conduct a brief adjudicative proceeding under
chapter 34.05 RCW. [1990 c 64 § 9; 1989 c 383 § 9.]
70.148.090
70.148.090 Exemptions from Title 48 RCW—Exceptions. (Expires June 1, 2013.) (1) The activities and operations of the program are exempt from the provisions and
requirements of Title 48 RCW and to the extent of their participation in the program, the activities and operations of the
insurer selected by the director to provide liability insurance
coverage to owners and operators of underground storage
tanks are exempt from the requirements of Title 48 RCW
except for:
(a) Chapter 48.03 RCW pertaining to examinations;
(b) RCW 48.05.250 pertaining to annual reports;
(c) Chapter 48.12 RCW pertaining to assets and liabilities;
(d) Chapter 48.13 RCW pertaining to investments;
(e) Chapter 48.30 RCW pertaining to deceptive, false, or
fraudulent acts or practices; and
(f) Chapter 48.92 RCW pertaining to liability risk retention.
(2) To the extent of their participation in the program, the
insurer selected by the director to provide liability insurance
coverage to owners and operators of underground storage
tanks shall not participate in the Washington insurance guaranty association nor shall the association be liable for coverage provided to owners and operators of underground storage
(2006 Ed.)
70.148.120
tanks issued in connection with the program. [1990 c 64 §
10; 1989 c 383 § 10.]
70.148.110
70.148.110 Reservation of legislative power. (Expires
June 1, 2013.) The legislature reserves the right to amend or
repeal all or any part of this chapter at any time, and there is
no vested right of any kind against such amendment or
repeal. All the rights, privileges, or immunities conferred by
this chapter or any acts done under it exist subject to the
power of the legislature to amend or repeal this chapter at any
time. [1989 c 383 § 12.]
70.148.120
70.148.120 Financial assistance for corrective actions
in small communities—Intent. (Expires June 1, 2013.)
The legislature recognizes as a fundamental government purpose the need to protect the environment and human health
and safety. To that end the state has enacted laws designed to
limit and prevent environmental damage and risk to public
health and safety caused by underground petroleum storage
tank leaks. Because of the costs associated with compliance
with such laws and the high costs associated with correcting
past environmental damage, many owners and operators of
underground petroleum storage tanks have discontinued the
use of or have planned to discontinue the use of such tanks.
As a consequence, isolated communities face the loss of their
source of motor vehicle fuel and face the risk that the owner
or operator will have insufficient funds to take corrective
action for pollution caused by past leaks from the tanks. In
particular, rural communities face the risk that essential
emergency, medical, fire and police services may be disrupted through the diminution or elimination of local sellers
of petroleum products and by the closure of underground
storage tanks owned by local government entities serving
these communities.
The legislature also recognizes as a fundamental government purpose the need to preserve a minimum level of economic viability in rural communities so that public revenues
generated from economic activity are sufficient to sustain
necessary governmental functions. The closing of local service stations adversely affects local economies by reducing
or eliminating reasonable access to fuel for agricultural, commercial, recreational, and transportation needs.
The legislature intends to assist small communities
within this state by authorizing:
(1) Cities, towns, and counties to certify that a local private owner or operator of an underground petroleum storage
tank meets a vital local government, public health or safety
need thereby qualifying the owner or operator for state financial assistance in complying with environmental regulations
and assistance in taking needed corrective action for existing
tank leaks; and
(2) Local government entities to obtain state financial
assistance to bring local government underground petroleum
storage tanks into compliance with environmental regulations and to take needed corrective action for existing tank
leaks. [2005 c 428 § 1; 1991 c 4 § 1.]
Severability—1991 c 4: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1991 c 4 § 10.]
[Title 70 RCW—page 451]
70.148.130
70.148.130
Title 70 RCW: Public Health and Safety
70.148.130 Financial assistance—Criteria. (Expires
June 1, 2013.) (1) Subject to the conditions and limitations
of RCW 70.148.120 through 70.148.170, the director shall
establish and manage a program for providing financial assistance to public and private owners and operators of underground storage tanks who have been certified by the governing body of the county, city, or town in which the tanks are
located as meeting a vital local government, public health or
safety need. In providing such financial assistance the director shall:
(a) Require owners and operators, including local government owners and operators, to demonstrate serious financial hardship;
(b) Limit assistance to only that amount necessary to
supplement applicant financial resources;
(c) Limit assistance to no more than two hundred thousand dollars in value for any one underground storage tank
site of which amount no more than seventy-five thousand
dollars in value may be provided for corrective action; and
(d) Whenever practicable, provide assistance through the
direct payment of contractors and other professionals for
labor, materials, and other services.
(2)(a) Except as otherwise provided in RCW 70.148.120
through 70.148.170, no grant of financial assistance may be
used for any purpose other than for corrective action and
repair, replacement, reconstruction, and improvement of
underground storage tanks and tank sites. If at any time prior
to providing financial assistance or in the course of providing
such assistance, it appears to the director that corrective
action costs may exceed seventy-five thousand dollars, the
director may not provide further financial assistance until the
owner or operator has developed and implemented a corrective action plan with the department of ecology.
(b) A grant of financial assistance may also be made to
an owner or operator that has discontinued using underground petroleum storage tanks due to economic hardship.
An owner or operator may receive a grant up to two hundred
thousand dollars per retailing location if:
(i) The property is located in an underserved rural area;
(ii) The property was previously used by a private owner
or operator to provide motor vehicle fuel; and
(iii) The property is at least ten miles from the nearest
motor vehicle fuel service station.
(3) When requests for financial assistance exceed available funds, the director shall give preference to providing
assistance first to those underground storage tank sites which
constitute the sole source of petroleum products in remote
rural communities.
(4) The director shall consult with the department of
ecology in approving financial assistance for corrective
action to ensure compliance with regulations governing
underground petroleum storage tanks and corrective action.
(5) The director shall approve or disapprove applications
for financial assistance within sixty days of receipt of a completed application meeting the requirements of RCW
70.148.120 through 70.148.170. The certification by local
government of an owner or operator shall not preclude the
director from disapproving an application for financial assistance if the director finds that such assistance would not meet
the purposes of RCW 70.148.120 through 70.148.170.
[Title 70 RCW—page 452]
(6) The director may adopt all rules necessary to implement the financial assistance program and shall consult with
the technical advisory committee established under RCW
70.148.030 in developing such rules and in reviewing applications for financial assistance. [2005 c 428 § 2; 1991 c 4 §
2.]
Severability—1991 c 4: See note following RCW 70.148.120.
70.148.140
70.148.140 Financial assistance—Private owner or
operator. (Expires June 1, 2013.) (1) To qualify for financial assistance, a private owner or operator retailing petroleum products to the public must:
(a) First apply for insurance from the pollution liability
insurance program and request financial assistance in a form
and manner required by the director;
(b) If the director makes a preliminary determination of
possible eligibility for financial assistance, apply to the
appropriate governing body of the city or town in which the
tanks are located or in the case where the tanks are located
outside of the jurisdiction of a city or town, then to the appropriate governing body of the county in which the tanks are
located, for a determination by the governing body of the
city, town, or county that the continued operation of the tanks
meets a vital local government, or public health or safety
need; and
(c) Qualify for insurance coverage from the pollution liability insurance program if such financial assistance were to
be provided.
(2) In consideration for financial assistance and prior to
receiving such assistance the owner and operator must enter
into an agreement with the state whereby the owner and operator agree:
(a) To sell petroleum products to the public;
(b) To maintain the tank site for use in the retail sale of
petroleum products for a period of not less than fifteen years
from the date of agreement;
(c) To sell petroleum products to local government entities within the affected community on a cost-plus basis periodically negotiated between the owner and operator and the
city, town, or county in which the tanks are located; and
(d) To maintain compliance with state underground storage tank financial responsibility and environmental regulations.
(3) The agreement shall be filed as a real property lien
against the tank site with the county auditor [of the county] in
which the tanks are located. If the owner or operator transfers
his or her interest in such property, the new owner or operator
must agree to abide by the agreement or any financial assistance provided under RCW 70.148.120 through 70.148.170
shall be immediately repaid to the state by the owner or operator who received such assistance.
(4) As determined by the director, if an owner or operator materially breaches the agreement, any financial assistance provided shall be immediately repaid by such owner or
operator.
(5) The agreement between an owner and operator and
the state required under this section shall expire fifteen years
from the date of entering into the agreement. [1991 c 4 § 3.]
Severability—1991 c 4: See note following RCW 70.148.120.
(2006 Ed.)
Heating Oil Pollution Liability Protection Act
70.148.150
70.148.150 Financial assistance—Public owner or
operator. (Expires June 1, 2013.) (1) To qualify for financial assistance, a public owner or operator must:
(a) First apply for insurance from the pollution liability
insurance program and request financial assistance in a form
and manner required by the director;
(b) Provide to the director a copy of the resolution by the
governing body of the city, town, or county having jurisdiction, finding that the continued operation of the tanks is necessary to maintain vital local public health, education, or
safety needs;
(c) Qualify for insurance coverage from the pollution liability insurance program if such financial assistance were to
be provided.
(2) The director shall give priority to and shall encourage
local government entities to consolidate multiple operational
underground storage tank sites into as few sites as possible.
For this purpose, the director may provide financial assistance for the establishment of a new local government underground storage tank site contingent upon the closure of other
operational sites in accordance with environmental regulations. Within the per site financial limits imposed under
RCW 70.148.120 through 70.148.170, the director may
authorize financial assistance for the closure of operational
sites when closure is for the purpose of consolidation. [1991
c 4 § 4.]
Severability—1991 c 4: See note following RCW 70.148.120.
70.149.010
(2) In certifying a private owner or operator retailing
petroleum products to the public as meeting vital local government, public health or safety needs, the local government
shall:
(a) Consider and find that other retail suppliers of petroleum products are located remote from the local community;
(b) Consider and find that the owner or operator requesting certification is capable of faithfully fulfilling the agreement required for financial assistance;
(c) Designate the local government official who will be
responsible for negotiating the price of petroleum products to
be sold on a cost-plus basis to the local government entities in
the affected communities and the entities eligible to receive
petroleum products at such price; and
(d) State the vital need or needs that the owner or operator meets.
(3) In certifying a hospital as meeting local public health
and safety needs the local government shall:
(a) Consider and find that the continued use of the underground storage tank by the hospital is necessary; and
(b) Consider and find that the hospital provides health
care services to the poor and otherwise provides charity care.
(4) The director shall notify the governing body of the
city, town, or county providing certification when financial
assistance for a private owner or operator has been approved.
[1991 c 4 § 6.]
Severability—1991 c 4: See note following RCW 70.148.120.
70.148.160
70.148.160 Financial assistance—Rural hospitals.
(Expires June 1, 2013.) To qualify for financial assistance, a
rural hospital as defined in *RCW 18.89.020, owning or
operating an underground storage tank must:
(1) First apply for insurance from the pollution liability
insurance program and request financial assistance in a form
and manner required by the director;
(2) Apply to the governing body of the city, town, or
county in which the hospital is located for certification that
the continued operation of the tank or tanks is necessary to
maintain vital local public health or safety needs;
(3) Qualify for insurance coverage from the pollution liability insurance program if such financial assistance were to
be provided; and
(4) Agree to provide charity care as defined in **RCW
70.39.020 in an amount of equivalent value to the financial
assistance provided under RCW 70.148.120 through
70.148.170. The director shall consult with the department of
health to monitor and determine the time period over which
such care should be expected to be provided in the local community. [1991 c 4 § 5.]
Reviser’s note: *(1) RCW 18.89.020 was amended by 1997 c 334 § 3,
deleting the definition of "rural hospital."
**(2) RCW 70.39.020 was repealed by 1982 c 223 § 10, effective June
30, 1990.
Severability—1991 c 4: See note following RCW 70.148.120.
70.148.900
70.148.900 Expiration of chapter. This chapter shall
expire June 1, 2013. [2006 c 276 § 3; 2000 c 16 § 1; 1995 c
12 § 2; 1989 c 383 § 13.]
Effective date—1995 c 12: See note following RCW 70.148.050.
70.148.901
70.148.901 Severability—1989 c 383. (Expires June 1,
2013.) If any provision of this act or its application to any
person or circumstance is held invalid, the remainder of the
act or the application of the provision to other persons or circumstances is not affected. [1989 c 383 § 20.]
Chapter 70.149 RCW
HEATING OIL POLLUTION LIABILITY
PROTECTION ACT
Chapter 70.149
Sections
70.149.010
70.149.020
70.149.030
70.149.040
70.149.050
70.149.060
70.149.070
70.149.080
70.149.090
70.149.100
70.149.900
70.149.901
Intent—Findings.
Short title.
Definitions.
Duties of director.
Selection of insurer to provide pollution liability insurance—
Eligibility for coverage.
Exemptions from Title 48 RCW—Exceptions.
Heating oil pollution liability trust account.
Pollution liability insurance fee.
Confidentiality.
Application of RCW 19.86.020 through 19.86.060.
Expiration of chapter.
Severability—1995 c 20.
70.148.170
70.148.170 Certification. (Expires June 1, 2013.) (1)
The director shall develop and distribute to appropriate cities,
towns, and counties a form for use by the local government in
making the certification required for all private owner and
operator financial assistance along with instructions on the
use of such form.
(2006 Ed.)
70.149.010
70.149.010 Intent—Findings. (Expires June 1, 2013.)
It is the intent of the legislature to establish a temporary regulatory program to assist owners and operators of heating oil
tanks. The legislature finds that it is in the best interests of all
citizens for heating oil tanks to be operated safely and for
[Title 70 RCW—page 453]
70.149.020
Title 70 RCW: Public Health and Safety
tank leaks or spills to be dealt with expeditiously. The legislature further finds that it is necessary to protect tank owners
from the financial hardship related to damaged heating oil
tanks. The problem is especially acute because owners and
operators of heating oil tanks used for space heating have
been unable to obtain pollution liability insurance or insurance has been unaffordable. [1995 c 20 § 1.]
70.149.020
70.149.020 Short title. (Expires June 1, 2013.) This
chapter may be known and cited as the Washington state
heating oil pollution liability protection act. [1995 c 20 § 2.]
70.149.030
70.149.030 Definitions. (Expires June 1, 2013.)
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this chapter.
(1) "Accidental release" means a sudden or nonsudden
release of heating oil, occurring after July 23, 1995, from
operating a heating oil tank that results in bodily injury, property damage, or a need for corrective action, neither expected
nor intended by the owner or operator.
(2) "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death at any time,
resulting from the injury, sickness, or disease.
(3)(a) "Corrective action" means those actions reasonably required to be undertaken by the insured to remove,
treat, neutralize, contain, or clean up an accidental release in
order to comply with a statute, ordinance, rule, regulation,
directive, order, or similar legal requirement, in effect at the
time of an accidental release, of the United States, the state of
Washington, or a political subdivision of the United States or
the state of Washington. "Corrective action" includes, where
agreed to in writing, in advance by the insurer, action to
remove, treat, neutralize, contain, or clean up an accidental
release to avert, reduce, or eliminate the liability of the
insured for corrective action, bodily injury, or property damage. "Corrective action" also includes actions reasonably necessary to monitor, assess, and evaluate an accidental release.
(b) "Corrective action" does not include:
(i) Replacement or repair of heating oil tanks or other
receptacles; or
(ii) Replacement or repair of piping, connections, and
valves of tanks or other receptacles.
(4) "Defense costs" include the costs of legal representation, expert fees, and related costs and expenses incurred in
defending against claims or actions brought by or on behalf
of:
(a) The United States, the state of Washington, or a political subdivision of the United States or state of Washington to
require corrective action or to recover costs of corrective
action; or
(b) A third party for bodily injury or property damage
caused by an accidental release.
(5) "Director" means the director of the Washington state
pollution liability insurance agency or the director’s
appointed representative.
(6) "Heating oil" means any petroleum product used for
space heating in oil-fired furnaces, heaters, and boilers,
including stove oil, diesel fuel, or kerosene. "Heating oil"
does not include petroleum products used as fuels in motor
vehicles, marine vessels, trains, buses, aircraft, or any off[Title 70 RCW—page 454]
highway equipment not used for space heating, or for industrial processing or the generation of electrical energy.
(7) "Heating oil tank" means a tank and its connecting
pipes, whether above or below ground, or in a basement, with
pipes connected to the tank for space heating of human living
or working space on the premises where the tank is located.
"Heating oil tank" does not include a decommissioned or
abandoned heating oil tank, or a tank used solely for industrial process heating purposes or generation of electrical
energy.
(8) "Occurrence" means an accident, including continuous or repeated exposure to conditions, that results in a
release from a heating oil tank.
(9) "Owner or operator" means a person in control of, or
having responsibility for, the daily operation of a heating oil
tank.
(10) "Pollution liability insurance agency" means the
Washington state pollution liability insurance agency.
(11) "Property damage" means:
(a) Physical injury to, destruction of, or contamination of
tangible property, including the loss of use of the property
resulting from the injury, destruction, or contamination; or
(b) Loss of use of tangible property that has not been
physically injured, destroyed, or contaminated but has been
evacuated, withdrawn from use, or rendered inaccessible
because of an accidental release.
(12) "Release" means a spill, leak, emission, escape, or
leaching into the environment.
(13) "Remedial action costs" means reasonable costs that
are attributable to or associated with a remedial action.
(14) "Tank" means a stationary device, designed to contain an accumulation of heating oil, that is constructed primarily of nonearthen materials such as concrete, steel, fiberglass, or plastic that provides structural support.
(15) "Third-party liability" means the liability of a heating oil tank owner to another person due to property damage
or personal injury that results from a leak or spill. [1995 c 20
§ 3.]
70.149.040 Duties of director. (Expires June 1, 2013.)
The director shall:
(1) Design a program for providing pollution liability
insurance for heating oil tanks that provides up to sixty thousand dollars per occurrence coverage and aggregate limits,
and protects the state of Washington from unwanted or unanticipated liability for accidental release claims;
(2) Administer, implement, and enforce the provisions of
this chapter. To assist in administration of the program, the
director is authorized to appoint up to two employees who are
exempt from the civil service law, chapter 41.06 RCW, and
who shall serve at the pleasure of the director;
(3) Administer the heating oil pollution liability trust
account, as established under RCW 70.149.070;
(4) Employ and discharge, at his or her discretion,
agents, attorneys, consultants, companies, organizations, and
employees as deemed necessary, and to prescribe their duties
and powers, and fix their compensation;
(5) Adopt rules under chapter 34.05 RCW as necessary
to carry out the provisions of this chapter;
(6) Design and from time to time revise a reinsurance
contract providing coverage to an insurer or insurers meeting
70.149.040
(2006 Ed.)
Heating Oil Pollution Liability Protection Act
the requirements of this chapter. The director is authorized to
provide reinsurance through the pollution liability insurance
program trust account;
(7) Solicit bids from insurers and select an insurer to provide pollution liability insurance for third-party bodily injury
and property damage, and corrective action to owners and
operators of heating oil tanks;
(8) Register, and design a means of accounting for, operating heating oil tanks;
(9) Implement a program to provide advice and technical
assistance to owners and operators of active and abandoned
heating oil tanks if contamination from an active or abandoned heating oil tank is suspected. Advice and assistance
regarding administrative and technical requirements may
include observation of testing or site assessment and review
of the results of reports. If the director finds that contamination is not present or that the contamination is apparently
minor and not a threat to human health or the environment,
the director may provide written opinions and conclusions on
the results of the investigation to owners and operators of
active and abandoned heating oil tanks. The agency is authorized to collect, from persons requesting advice and assistance, the costs incurred by the agency in providing such
advice and assistance. The costs may include travel costs and
expenses associated with review of reports and preparation of
written opinions and conclusions. Funds from cost reimbursement must be deposited in the heating oil pollution liability trust account. The state of Washington, the pollution
liability insurance agency, and its officers and employees are
immune from all liability, and no cause of action arises from
any act or omission in providing, or failing to provide, such
advice, opinion, conclusion, or assistance;
(10) Establish a public information program to provide
information regarding liability, technical, and environmental
requirements associated with active and abandoned heating
oil tanks;
(11) Monitor agency expenditures and seek to minimize
costs and maximize benefits to ensure responsible financial
stewardship;
(12) Create an advisory committee of stakeholders to
advise the director on all aspects of program operations and
fees authorized by this chapter, including pollution prevention programs. The advisory committee must have one member each from the Pacific Northwest oil heat council, the
Washington oil marketers association, the western states
petroleum association, and the department of ecology and
three members from among the owners of home heating oil
tanks registered with the pollution liability insurance agency
who are generally representative of the geographical distribution and types of registered owners. The committee should
meet at least quarterly, or more frequently at the discretion of
the director; and
(13) Study if appropriate user fees to supplement program funding are necessary and develop recommendations
for legislation to authorize such fees. [2004 c 203 § 1; 1997
c 8 § 1; 1995 c 20 § 4.]
70.149.050 Selection of insurer to provide pollution
liability insurance—Eligibility for coverage. (Expires
June 1, 2013.) (1) In selecting an insurer to provide pollution
liability insurance coverage to owners and operators of heat70.149.050
(2006 Ed.)
70.149.060
ing oil tanks used for space heating, the director shall evaluate bids based upon criteria established by the director that
shall include:
(a) The insurer’s ability to underwrite pollution liability
insurance;
(b) The insurer’s ability to settle pollution liability
claims quickly and efficiently;
(c) The insurer’s estimate of underwriting and claims
adjustment expenses;
(d) The insurer’s estimate of premium rates for providing
coverage;
(e) The insurer’s ability to manage and invest premiums;
and
(f) The insurer’s ability to provide risk management
guidance to insureds.
(2) The director shall select the bidder most qualified to
provide insurance consistent with this chapter and need not
select the bidder submitting the least expensive bid. The
director may consider bids by groups of insurers and management companies who propose to act in concert in providing
coverage and who otherwise meet the requirements of this
chapter.
(3) Owners and operators of heating oil tanks, or sites
containing heating oil tanks where a preexisting release has
been identified or where the owner or operator knows of a
preexisting release are eligible for coverage under the program subject to the following conditions:
(a) The owner or operator must have a plan for proceeding with corrective action; and
(b) If the owner or operator files a claim with the insurer,
the owner or operator has the burden of proving that the claim
is not related to a preexisting release until the owner or operator demonstrates to the satisfaction of the director that corrective action has been completed. [1995 c 20 § 5.]
70.149.060
70.149.060 Exemptions from Title 48 RCW—Exceptions. (Expires June 1, 2013.) (1) The activities and operations of the program are exempt from the provisions and
requirements of Title 48 RCW and to the extent of their participation in the program, the activities and operations of the
insurer selected by the director to provide liability insurance
coverage to owners and operators of heating oil tanks are
exempt from the requirements of Title 48 RCW except for:
(a) Chapter 48.03 RCW pertaining to examinations;
(b) RCW 48.05.250 pertaining to annual reports;
(c) Chapter 48.12 RCW pertaining to assets and liabilities;
(d) Chapter 48.13 RCW pertaining to investments;
(e) Chapter 48.30 RCW pertaining to deceptive, false, or
fraudulent acts or practices; and
(f) Chapter 48.92 RCW pertaining to liability risk retention.
(2) To the extent of their participation in the program, the
insurer selected by the director to provide liability insurance
coverage to owners and operators of heating oil tanks shall
not participate in the Washington insurance guaranty association nor shall the association be liable for coverage provided
to owners and operators of heating oil tanks issued in connection with the program. [1995 c 20 § 6.]
[Title 70 RCW—page 455]
70.149.070
Title 70 RCW: Public Health and Safety
70.149.070 Heating oil pollution liability trust
account. (Expires June 1, 2013.) (1) The heating oil pollution liability trust account is created in the custody of the state
treasurer. All receipts from the pollution liability insurance
fee collected under RCW 70.149.080 and reinsurance premiums shall be deposited into the account. Expenditures from
the account may be used only for the purposes set out under
this chapter. Only the director or the director’s designee may
authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but
no appropriation is required for expenditures. Any residue in
the account in excess of funds needed to meet administrative
costs for January of the following year shall be transferred at
the end of the calendar year to the pollution liability insurance program trust account.
(2) Money in the account may be used by the director for
the following purposes:
(a) Corrective action costs;
(b) Third-party liability claims;
(c) Costs associated with claims administration;
(d) Purchase of an insurance policy to cover all registered heating oil tanks, and reinsurance of the policy; and
(e) Administrative expenses of the program, including
personnel, equipment, supplies, and providing advice and
technical assistance. [2004 c 203 § 2; 1997 c 8 § 2; 1995 c 20
§ 7.]
70.149.070
(a) The Washington state insurance commissioner;
(b) A person or organization officially connected with
the insurer as officer, director, attorney, auditor, or independent attorney or independent auditor; and
(c) The attorney general in his or her role as legal advisor
to the director. [2005 c 274 § 342; 1995 c 20 § 9.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
70.149.100
70.149.100 Application of RCW 19.86.020 through
19.86.060. (Expires June 1, 2013.) Nothing contained in this
chapter shall authorize any commercial conduct which is prohibited by RCW 19.86.020 through 19.86.060, and no section
of this chapter shall be deemed to be an implied repeal of any
of those sections of the Revised Code of Washington. [1995
c 20 § 10.]
70.149.900
70.149.900 Expiration of chapter. Sections 1 through
11 of this act shall expire June 1, 2013. [2006 c 276 § 4; 2000
c 16 § 2; 1995 c 20 § 14.]
70.149.901
70.149.901 Severability—1995 c 20. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1995 c 20 § 16.]
70.149.080
70.149.080 Pollution liability insurance fee. (Expires
June 1, 2013.) (1) A pollution liability insurance fee of one
and two-tenths cents per gallon of heating oil purchased
within the state shall be imposed on every special fuel dealer,
as the term is defined in chapter 82.38 RCW, making sales of
heating oil to a user or consumer.
(2) The pollution liability insurance fee shall be remitted
by the special fuel dealer to the department of licensing.
(3) The fee proceeds shall be used for the specific regulatory purposes of this chapter.
(4) The fee imposed by this section shall not apply to
heating oil exported or sold for export from the state. [2004
c 203 § 3; 1995 c 20 § 8.]
Effective date—2004 c 203 § 3: "Section 3 of this act takes effect July
1, 2004." [2004 c 203 § 5.]
Chapter 70.150
WATER QUALITY JOINT DEVELOPMENT ACT
Sections
70.150.010
70.150.020
70.150.030
70.150.040
70.150.050
70.150.060
70.150.070
70.150.080
70.149.090
70.149.090 Confidentiality. (Expires June 1, 2013.)
The following shall be confidential and exempt under chapter
42.56 RCW, subject to the conditions set forth in this section:
(1) All examination and proprietary reports and information obtained by the director and the director’s staff in soliciting bids from insurers and in monitoring the insurer selected
by the director may not be made public or otherwise disclosed to any person, firm, corporation, agency, association,
governmental body, or other entity.
(2) All information obtained by the director or the director’s staff related to registration of heating oil tanks to be
insured may not be made public or otherwise disclosed to any
person, firm, corporation, agency, association, governmental
body, or other entity.
(3) The director may furnish all or part of examination
reports prepared by the director or by any person, firm, corporation, association, or other entity preparing the reports on
behalf of the director to:
[Title 70 RCW—page 456]
Chapter 70.150 RCW
70.150.900
70.150.905
Purpose—Legislative intent.
Definitions.
Agreements with service providers—Contents—Sources of
funds for periodic payments under agreements.
Service agreements and related agreements—Procedural
requirements.
Sale, lease, or assignment of public property to service provider—Use for services to public body.
Public body eligible for grants or loans—Use of grants or
loans.
RCW 70.150.030 through 70.150.060 to be additional method
of providing services.
Application of other chapters to service agreements under this
chapter—Prevailing wages.
Short title.
Severability—1986 c 244.
70.150.010
70.150.010 Purpose—Legislative intent. The longrange health and economic and environmental goals for the
state of Washington require the protection of the state’s surface and underground waters for the health, safety, use, and
enjoyment of its people. It is the purpose of this chapter to
provide public bodies an additional means by which to provide for financing, development, and operation of water pollution control facilities needed for achievement of state and
federal water pollution control requirements for the protection of the state’s waters.
It is the intent of the legislature that public bodies be
authorized to provide service from water pollution control
facilities by means of service agreements with public or private parties as provided in this chapter. [1986 c 244 § 1.]
(2006 Ed.)
Water Quality Joint Development Act
70.150.020
70.150.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Water pollution control facilities" or "facilities"
means any facilities, systems, or subsystems owned or operated by a public body, or owned or operated by any person or
entity for the purpose of providing service to a public body,
for the control, collection, storage, treatment, disposal, or
recycling of wastewater, including but not limited to sanitary
sewage, storm water, residential wastes, commercial wastes,
industrial wastes, and agricultural wastes, that are causing or
threatening the degradation of subterranean or surface bodies
of water due to concentrations of conventional, nonconventional, or toxic pollutants. Water pollution control facilities
do not include dams or water supply systems.
(2) "Public body" means the state of Washington or any
agency, county, city or town, political subdivision, municipal
corporation, or quasi-municipal corporation.
(3) "Water pollution" means such contamination, or
other alteration of the physical, chemical, or biological properties of any surface or subterranean waters of the state,
including change in temperature, taste, color, turbidity, or
odor of the waters, or such discharge of any liquid, gaseous,
solid, radioactive, or other substance into any waters of the
state as will or is likely to create a nuisance or render such
waters harmful, detrimental, or injurious to the public health,
safety, or welfare, or to domestic, commercial, industrial,
agricultural, recreational, or other legitimate beneficial uses,
or to livestock, wild animals, birds, fish, or other aquatic life.
(4) "Agreement" means any agreement to which a public
body and a service provider are parties by which the service
provider agrees to deliver service to such public body in connection with its design, financing, construction, ownership,
operation, or maintenance of water pollution control facilities
in accordance with this chapter.
(5) "Service provider" means any privately owned or
publicly owned profit or nonprofit corporation, partnership,
joint venture, association, or other person or entity that is
legally capable of contracting for and providing service with
respect to the design, financing, ownership, construction,
operation, or maintenance of water pollution control facilities
in accordance with this chapter. [1986 c 244 § 2.]
70.150.030
70.150.030 Agreements with service providers—
Contents—Sources of funds for periodic payments under
agreements. (1) Public bodies may enter into agreements
with service providers for the furnishing of service in connection with water pollution control facilities pursuant to the
process set forth in RCW 70.150.040. The agreements may
provide that a public body pay a minimum periodic fee in
consideration of the service actually available without regard
to the amount of service actually used during all or any part
of the contractual period. Agreements may be for a term not
to exceed forty years or the life of the facility, whichever is
longer, and may be renewable.
(2) The source of funds to meet periodic payment obligations assumed by a public body pursuant to an agreement permitted under this section may be paid from taxes, or solely
from user fees, charges, or other revenues pledged to the payment of the periodic obligations, or any of these sources.
[1986 c 244 § 3.]
(2006 Ed.)
70.150.040
70.150.040
70.150.040 Service agreements and related agreements—Procedural requirements. The legislative authority of a public body may secure services by means of an
agreement with a service provider. Such an agreement may
obligate a service provider to perform one or more of the following services: Design, finance, construct, own, operate, or
maintain water pollution control facilities by which services
are provided to the public body. Service agreements and
related agreements under this chapter shall be entered into in
accordance with the following procedure:
(1) The legislative authority of the public body shall publish notice that it is seeking to secure certain specified services by means of entering into an agreement with a service
provider. The notice shall be published in the official newspaper of the public body, or if there is no official newspaper
then in a newspaper in general circulation within the boundaries of the public body, at least once each week for two consecutive weeks. The final notice shall appear not less than
thirty days before the date for submission of proposals. The
notice shall state (a) the nature of the services needed, (b) the
location in the public body’s offices where the requirements
and standards for construction, operation, or maintenance of
projects needed as part of the services are available for
inspection, and (c) the final date for the submission of proposals. The legislative authority may undertake a prequalification process by the same procedure set forth in this subsection.
(2) The request for proposals shall (a) indicate the time
and place responses are due, (b) include evaluation criteria to
be considered in selecting a service provider, (c) specify minimum requirements or other limitations applying to selection,
(d) insofar as practicable, set forth terms and provisions to be
included in the service agreement, and (e) require the service
provider to demonstrate in its proposal to the public body’s
satisfaction that it is in the public interest to enter into the service agreement and that the service agreement is financially
sound and advantageous to the public body from the standpoint of annual costs, quality of services, experience of the
provider, reduction of risk, and other factors.
(3) The criteria set forth in the request for proposals shall
be those determined to be relevant by the legislative authority
of the public body, which may include but shall not be limited
to: The respondent’s prior experience, including design, construction, or operation of other similar facilities; respondent’s
management capability, schedule availability, and financial
resources; cost of the service; nature of facility design proposed by respondents; system reliability; performance standards required for the facilities; compatibility with existing
service facilities operated by the public body or other providers of service to the public body; project performance warranties; penalty and other enforcement provisions; environmental protection measures to be used; and allocation of project
risks. The legislative authority may designate persons or
entities within or outside the public body (a) to assist it in
issuing the request for proposals to ensure that proposals will
be responsive to its needs, and (b) to assist it in evaluating the
proposals received.
(4) After proposals under subsections (1) through (3) of
this section have been received, the legislative authority or its
designee shall determine, on the basis of its review of the proposals, whether one or more proposals have been received
[Title 70 RCW—page 457]
70.150.050
Title 70 RCW: Public Health and Safety
from respondents which are (a) determined to be qualified to
provide the requested services, and (b) responsive to the
notice and evaluation criteria, which shall include, but not be
limited to, cost of services. These chosen respondents may,
at the discretion of the public body, be aggregated into a short
list of qualified respondents, who shall be referred to as the
selected respondents in this section. The legislative authority
or its designee shall conduct a bidder’s conference to include
all these selected respondents to assure a full understanding
of the proposals. The bidder’s conference shall make these
selected respondents aware of any changes in the request for
proposal. Any information related to revisions in the request
for proposal shall be made available to all these selected
respondents. Any selected respondent shall be accorded a
reasonable opportunity for revision of its proposal prior to
commencement of the negotiation provided in subsection (5)
of this section, for the purpose of obtaining best and final proposals.
(5) After such conference is held, the legislative authority or its designee may negotiate with the selected respondent
whose proposal it determines to be the most advantageous to
the public body, considering the criteria set forth in the
request for proposals. If negotiations are conducted by the
designee, the legislative authority shall continue to oversee
the negotiations and provide direction to its designee. If the
negotiation is unsuccessful, the legislative authority may
commence negotiations with any other selected respondent.
On completion of this process, and after the department of
ecology review and comments as provided for in subsection
(9) of this section, and after public hearing as provided for in
subsection (10) of this section, the legislative authority may
approve a contract with its chosen respondent.
(6) Any person aggrieved by the legislative authority’s
approval of a contract may appeal the determination to an
appeals board selected by the public body, which shall consist of not less than three persons determined by the legislative authority to be qualified for such purposes. Such board
shall promptly hear and determine whether the public body
entered into the agreement in accordance with this chapter
and other applicable law. The board shall have the power
only to affirm or void the agreement.
(7) Notwithstanding the foregoing, where contracting for
design services by the public body is done separately from
contracting for other services permitted under this chapter,
the contracting for design services shall be done in accordance with chapter 39.80 RCW.
(8) If a public body elects to enter into an agreement
whereby the service provider will own all or a portion of the
water pollution control facilities it constructs, the service
agreement shall include provision for an option by which a
public body may acquire at fair market value facilities dedicated to such service.
(9) Before any service agreement is entered into by the
public body, it shall be reviewed by the department of ecology to ensure consistency with the purposes of chapters 90.46
and 90.48 RCW.
The department of ecology has thirty days from receipt
of the proposed service agreement to complete its review and
provide the public body with comments. A review under this
section is not intended to replace any additional permitting or
[Title 70 RCW—page 458]
regulatory reviews and approvals that may be required under
other applicable laws.
(10) Prior to entering into any service agreement under
this chapter, the public body must have made written findings, after holding a public hearing on the proposal, that it is
in the public interest to enter into the service agreement and
that the service agreement is financially sound and advantageous compared to other methods.
(11) Each service agreement shall include project performance bonds or other security by the service provider which
in the judgment of the public body is sufficient to secure adequate performance by the service provider. [2005 c 469 § 1;
1989 c 175 § 136; 1986 c 244 § 4.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Competitive bids—Inapplicability to certain agreements: RCW 35.22.625
and 36.32.265.
70.150.050
70.150.050 Sale, lease, or assignment of public property to service provider—Use for services to public body.
A public body may sell, lease, or assign public property for
fair market value to any service provider as part of a service
agreement entered into under the authority of this chapter.
The property sold or leased shall be used by the provider,
directly or indirectly, in providing services to the public
body. Such use may include demolition, modification, or
other use of the property as may be necessary to execute the
purposes of the service agreement. [1986 c 244 § 5.]
70.150.060
70.150.060 Public body eligible for grants or loans—
Use of grants or loans. A public body that enters into a service agreement pursuant to this chapter, under which a facility is owned wholly or partly by a service provider, shall be
eligible for grants or loans to the extent permitted by law or
regulation as if the entire portion of the facility dedicated to
service to such public body were publicly owned. The grants
or loans shall be made to and shall inure to the benefit of the
public body and not the service provider. Such grants or loans
shall be used by the public body for all or part of its ownership interest in the facility, and/or to defray a part of the payments it makes to the service provider under a service agreement if such uses are permitted under the grant or loan program. [1986 c 244 § 6.]
70.150.070
70.150.070 RCW 70.150.030 through 70.150.060 to
be additional method of providing services. RCW
70.150.030 through 70.150.060 shall be deemed to provide
an additional method for the provision of services from and in
connection with facilities and shall be regarded as supplemental and additional to powers conferred by other state laws
and by federal laws. A public body that is also eligible to
enter into agreements with service providers under the alternative public works contracting procedures in chapter 39.10
RCW may elect to use either RCW 39.10.051 and 39.10.061
or this chapter as its method of procurement for such services. [2005 c 469 § 2; 1986 c 244 § 7.]
70.150.080
70.150.080 Application of other chapters to service
agreements under this chapter—Prevailing wages. (1)
The provisions of chapters 39.12, 39.19, and *39.25 RCW
shall apply to a service agreement entered into under this
(2006 Ed.)
Tobacco—Access to Minors
chapter to the same extent as if the facilities dedicated to such
service were owned by a public body.
(2) Subsection (1) of this section shall not be construed
to apply to agreements or actions by persons or entities which
are not undertaken pursuant to this chapter.
(3) Except for RCW 39.04.175, this chapter shall not be
construed as a limitation or restriction on the application of
Title 39 RCW to public bodies.
(4) Prevailing wages shall be established as the prevailing wage in the largest city of the county in which facilities
are built. [1986 c 244 § 8.]
*Reviser’s note: Chapter 39.25 RCW was repealed by 1994 c 138 § 2.
70.150.900
70.150.900 Short title. This chapter may be cited as the
water quality joint development act. [1986 c 244 § 9.]
70.150.905
70.150.905 Severability—1986 c 244. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 244 § 18.]
Chapter 70.155
Chapter 70.155 RCW
TOBACCO—ACCESS TO MINORS
Sections
70.155.005
70.155.010
70.155.020
70.155.030
70.155.040
70.155.050
70.155.070
70.155.080
70.155.090
70.155.100
70.155.105
70.155.110
70.155.120
70.155.130
70.155.900
Finding.
Definitions.
Cigarette wholesaler or retailer licensee duties—Prohibition
sign to be posted.
Cigarette machine location.
Cigarettes must be sold in original package—Exception.
Sampling prohibited—Penalty.
Coupons.
Purchasing, possessing by persons under eighteen—Civil
infraction—Jurisdiction.
Age identification requirement.
Penalties, sanctions, and actions against licensees.
Delivery sale of cigarettes—Requirements, unlawful practices—Penalties—Enforcement.
Liquor control board authority.
Youth tobacco prevention account—Source and use of funds.
Preemption of political subdivisions.
Severability—1993 c 507.
70.155.005
70.155.005 Finding. The legislature finds that while
present state law prohibits the sale and distribution of tobacco
to minors, youth obtain tobacco products with ease. Availability and lack of enforcement put tobacco products in the
hands of youth.
Federal law requires states to enforce laws prohibiting
sale and distribution of tobacco products to minors in a manner that can reasonably be expected to reduce the extent to
which the products are available to minors. It is imperative to
effectively reduce the sale, distribution, and availability of
tobacco products to minors. [1993 c 507 § 1.]
Minors and tobacco: RCW 26.28.080.
Taxation: Chapters 82.24 and 82.26 RCW.
Tobacco on school grounds: RCW 28A.210.310.
70.155.010
70.155.010 Definitions. The definitions set forth in
RCW 82.24.010 shall apply to RCW 70.155.020 through
70.155.130. In addition, for the purposes of this chapter,
unless otherwise required by the context:
(2006 Ed.)
70.155.030
(1) "Board" means the Washington state liquor control
board.
(2) "Delivery sale" means any sale of cigarettes to a consumer in the state where either: (a) The purchaser submits an
order for a sale by means of a telephonic or other method of
voice transmission, mail delivery, any other delivery service,
or the internet or other on-line service; or (b) the cigarettes
are delivered by use of mail delivery or any other delivery
service. A sale of cigarettes shall be a delivery sale regardless of whether the seller is located within or without the
state. A sale of cigarettes not for personal consumption to a
person who is a wholesaler licensed pursuant to chapter 82.24
RCW or a retailer pursuant to chapter 82.24 RCW is not a
delivery sale.
(3) "Delivery service" means any private carrier engaged
in the commercial delivery of letters, packages, or other containers that requires the recipient of that letter, package, or
container to sign to accept delivery.
(4) "Minor" refers to an individual who is less than eighteen years old.
(5) "Sample" means a tobacco product distributed to
members of the general public at no cost or at nominal cost
for product promotion purposes.
(6) "Sampling" means the distribution of samples to
members of the public.
(7) "Shipping container" means a container in which cigarettes are shipped in connection with a delivery sale.
(8) "Shipping documents" means bills of lading, airbills,
or any other documents used to evidence the undertaking by
a delivery service to deliver letters, packages, or other containers.
(9) "Tobacco product" means a product that contains
tobacco and is intended for human use, including any product
defined in RCW 82.24.010(2) or 82.26.010(1). [2006 c 14 §
2; 2003 c 113 § 1; 1993 c 507 § 2.]
Finding—Intent—2006 c 14: See note following RCW 70.155.050.
70.155.020
70.155.020 Cigarette wholesaler or retailer licensee
duties—Prohibition sign to be posted. A person who holds
a license issued under RCW 82.24.520 or 82.24.530 shall:
(1) Display the license or a copy in a prominent location
at the outlet for which the license is issued; and
(2) Display a sign concerning the prohibition of tobacco
sales to minors.
Such sign shall:
(a) Be posted so that it is clearly visible to anyone purchasing tobacco products from the licensee;
(b) Be designed and produced by the department of
health to read: "THE SALE OF TOBACCO PRODUCTS
TO PERSONS UNDER AGE 18 IS STRICTLY PROHIBITED BY STATE LAW. IF YOU ARE UNDER 18, YOU
C O U L D B E P E NA L I Z E D F O R P U R C H A S I N G A
TOBACCO PRODUCT; PHOTO ID REQUIRED"; and
(c) Be provided free of charge by the liquor control
board. [1993 c 507 § 3.]
70.155.030
70.155.030 Cigarette machine location. No person
shall sell or permit to be sold any tobacco product through
any device that mechanically dispenses tobacco products
unless the device is located fully within premises from which
[Title 70 RCW—page 459]
70.155.040
Title 70 RCW: Public Health and Safety
minors are prohibited or in industrial worksites where minors
are not employed and not less than ten feet from all entrance
or exit ways to and from each premise. The board shall adopt
rules that allow an exception to the requirement that a device
be located not less than ten feet from all entrance or exit ways
to and from a premise if it is architecturally impractical for
the device to be located not less than ten feet from all
entrance and exit ways. [1994 c 202 § 1; 1993 c 507 § 4.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Intent—1998 c 133: "The legislature finds that the protection of adolescents’ health requires a strong set of comprehensive health and
law enforcement interventions. We know that youth are deterred from using
alcohol in public because of existing laws making possession illegal. However, while the purchase of tobacco by youth is clearly prohibited, the possession of tobacco is not. It is the legislature’s intent that youth hear consistent messages from public entities, including law enforcement, about public
opposition to their illegal use of tobacco products." [1998 c 133 § 1.]
70.155.090
70.155.040
70.155.040 Cigarettes must be sold in original package—Exception. No person shall sell or permit to be sold
cigarettes not in the original unopened package or container
to which the stamps required by RCW 82.24.060 have been
affixed.
This section does not apply to the sale of loose leaf
tobacco by a retail business that generates a minimum of
sixty percent of annual gross sales from the sale of tobacco
products. [1993 c 507 § 5.]
70.155.050
70.155.050 Sampling prohibited—Penalty. (1) No
person may engage in the business of sampling tobacco products.
(2) A violation of this section is a misdemeanor. [2006 c
14 § 3; 1993 c 507 § 6.]
Finding—Intent—2006 c 14: "The legislature recognizes that tobacco
use among children is a serious and preventable health problem. Every day
sixty-five more children in Washington state become smokers, and every
year more than eight thousand two hundred state residents die from tobaccorelated illnesses. The legislature further finds that tobacco samples contribute to children’s access to tobacco products by providing a no-cost initiation
that encourages minors to experiment with nicotine at early ages. Sampling
activity often occurs in venues frequented by minors, and tobacco samples
are distributed along with other promotional items that contain tobacco
brand logos, thus increasing the appeal of the tobacco products as well as the
chances that children will obtain them. Sampling events in this state have
increased twenty-fold over the past nine years, and nationwide, tobacco
industry spending on samples has increased significantly. It is therefore the
intent of the legislature to protect minors from the influence of tobacco sampling by eliminating the distribution of samples in this state." [2006 c 14 §
1.]
70.155.070
70.155.070 Coupons. No person shall give or distribute
cigarettes or other tobacco products to a person by a coupon
if such coupon is redeemed in any manner that does not
require an in-person transaction in a retail store. [1993 c 507
§ 8.]
70.155.080
70.155.080 Purchasing, possessing by persons under
eighteen—Civil infraction—Jurisdiction. (1) A person
under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or
tobacco products commits a class 3 civil infraction under
chapter 7.80 RCW and is subject to a fine as set out in chapter
7.80 RCW or participation in up to four hours of community
restitution, or both. The court may also require participation
in a smoking cessation program. This provision does not
apply if a person under the age of eighteen, with parental
authorization, is participating in a controlled purchase as part
of a liquor control board, law enforcement, or local health
department activity.
(2) Municipal and district courts within the state have
jurisdiction for enforcement of this section. [2002 c 175 § 47;
1998 c 133 § 2; 1993 c 507 § 9.]
[Title 70 RCW—page 460]
70.155.090 Age identification requirement. (1)
Where there may be a question of a person’s right to purchase
or obtain tobacco products by reason of age, the retailer or
agent thereof, shall require the purchaser to present any one
of the following officially issued identification that shows the
purchaser’s age and bears his or her signature and photograph: (a) Liquor control authority card of identification of a
state or province of Canada; (b) driver’s license, instruction
permit, or identification card of a state or province of Canada;
(c) "identicard" issued by the Washington state department of
licensing under chapter 46.20 RCW; (d) United States military identification; (e) passport; (f) enrollment card, issued by
the governing authority of a federally recognized Indian tribe
located in Washington, that incorporates security features
comparable to those implemented by the department of
licensing for Washington drivers’ licenses. At least ninety
days prior to implementation of an enrollment card under this
subsection, the appropriate tribal authority shall give notice
to the board. The board shall publish and communicate to licensees regarding the implementation of each new enrollment
card; or (g) merchant marine identification card issued by the
United States coast guard.
(2) It is a defense to a prosecution under RCW 26.28.080
that the person making a sale reasonably relied on any of the
officially issued identification as defined in subsection (1) of
this section. The liquor control board shall waive the suspension or revocation of a license if the licensee clearly establishes that he or she acted in good faith to prevent violations
and a violation occurred despite the licensee’s exercise of due
diligence. [2006 c 14 § 4; 2005 c 206 § 2; 1993 c 507 § 10.]
Finding—Intent—2006 c 14: See note following RCW 70.155.050.
70.155.100
70.155.100 Penalties, sanctions, and actions against
licensees. (1) The liquor control board may suspend or
revoke a retailer’s license issued under RCW 82.24.510(1)(b)
held by a business at any location, or may impose a monetary
penalty as set forth in subsection (2) of this section, if the
liquor control board finds that the licensee has violated RCW
26.28.080, 70.155.020, 70.155.030, 70.155.040, 70.155.050,
70.155.070, or 70.155.090.
(2) The sanctions that the liquor control board may
impose against a person licensed under RCW 82.24.530
based upon one or more findings under subsection (1) of this
section may not exceed the following:
(a) For violation of RCW 26.28.080 or 70.155.020:
(i) A monetary penalty of one hundred dollars for the
first violation within any two-year period;
(ii) A monetary penalty of three hundred dollars for the
second violation within any two-year period;
(iii) A monetary penalty of one thousand dollars and suspension of the license for a period of six months for the third
violation within any two-year period;
(2006 Ed.)
Tobacco—Access to Minors
(iv) A monetary penalty of one thousand five hundred
dollars and suspension of the license for a period of twelve
months for the fourth violation within any two-year period;
(v) Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any two-year period;
(b) For violations of RCW 70.155.030, a monetary penalty in the amount of one hundred dollars for each day upon
which such violation occurred;
(c) For violations of RCW 70.155.040 occurring on the
licensed premises:
(i) A monetary penalty of one hundred dollars for the
first violation within any two-year period;
(ii) A monetary penalty of three hundred dollars for the
second violation within any two-year period;
(iii) A monetary penalty of one thousand dollars and suspension of the license for a period of six months for the third
violation within any two-year period;
(iv) A monetary penalty of one thousand five hundred
dollars and suspension of the license for a period of twelve
months for the fourth violation within any two-year period;
(v) Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any two-year period;
(d) For violations of RCW 70.155.050, a monetary penalty in the amount of three hundred dollars for each violation;
(e) For violations of RCW 70.155.070, a monetary penalty in the amount of one thousand dollars for each violation.
(3) The liquor control board may impose a monetary
penalty upon any person other than a licensed cigarette
retailer if the liquor control board finds that the person has
violated RCW 26.28.080, 70.155.020, 70.155.030,
70.155.040, 70.155.050, 70.155.070, or 70.155.090.
(4) The monetary penalty that the liquor control board
may impose based upon one or more findings under subsection (3) of this section may not exceed the following:
(a) For violation of RCW 26.28.080 or 70.155.020, fifty
dollars for the first violation and one hundred dollars for each
subsequent violation;
(b) For violations of RCW 70.155.030, one hundred dollars for each day upon which such violation occurred;
(c) For violations of RCW 70.155.040, one hundred dollars for each violation;
(d) For violations of RCW 70.155.050, three hundred
dollars for each violation;
(e) For violations of RCW 70.155.070, one thousand
dollars for each violation.
(5) The liquor control board may develop and offer a
class for retail clerks and use this class in lieu of a monetary
penalty for the clerk’s first violation.
(6) The liquor control board may issue a cease and desist
order to any person who is found by the liquor control board
to have violated or intending to violate the provisions of this
chapter, RCW 26.28.080 or 82.24.500, requiring such person
to cease specified conduct that is in violation. The issuance
of a cease and desist order shall not preclude the imposition
of other sanctions authorized by this statute or any other provision of law.
(7) The liquor control board may seek injunctive relief to
enforce the provisions of RCW 26.28.080 or 82.24.500 or
this chapter. The liquor control board may initiate legal
(2006 Ed.)
70.155.105
action to collect civil penalties imposed under this chapter if
the same have not been paid within thirty days after imposition of such penalties. In any action filed by the liquor control board under this chapter, the court may, in addition to any
other relief, award the liquor control board reasonable attorneys’ fees and costs.
(8) All proceedings under subsections (1) through (6) of
this section shall be conducted in accordance with chapter
34.05 RCW.
(9) The liquor control board may reduce or waive either
the penalties or the suspension or revocation of a license, or
both, as set forth in this chapter where the elements of proof
are inadequate or where there are mitigating circumstances.
Mitigating circumstances may include, but are not limited to,
an exercise of due diligence by a retailer. Further, the board
may exceed penalties set forth in this chapter based on aggravating circumstances. [2006 c 14 § 5; 1998 c 133 § 3; 1993 c
507 § 11.]
Finding—Intent—2006 c 14: See note following RCW 70.155.050.
Finding—Intent—1998 c 133: See note following RCW 70.155.080.
70.155.105
70.155.105 Delivery sale of cigarettes—Requirements, unlawful practices—Penalties—Enforcement. (1)
It is unlawful for a person who mails, ships, or otherwise
delivers cigarettes to fail to:
(a) Verify the age of the receiver of the cigarettes upon
delivery; and
(b) Obtain in writing, before the first delivery sale of cigarettes, verification of the receiver’s address and that the
receiver of the cigarettes is not a minor. The statement must
also confirm that the purchaser understands: (i) That signing
another person’s name to the certification is a violation of
RCW 9A.60.040(1)(a); (ii) that the sale of cigarettes to a
minor is a violation of RCW 26.28.080; (iii) that the purchase
of cigarettes by minors is a violation of RCW 70.155.080;
and (iv) that he or she has the option to receive mailings from
a tobacco company about tobacco products.
(2) It is unlawful for a person to mail, ship, or otherwise
deliver cigarettes in connection with a delivery sale unless
before the first delivery sale to the consumer that person:
(a) Either verifies the information contained in the certification provided by the prospective consumer in subsection
(1) of this section against a commercially available data base,
or obtains a photocopy of an officially issued identification
containing the bearer’s age, signature, and photograph. The
only forms of identification that are acceptable as proof of
age for the purchase for tobacco products are: (i) A liquor
control authority card of identification issued by a state of the
United States or a province of Canada, (ii) a driver’s license,
instruction permit, or identification card issued by a state of
the United States or a province of Canada, (iii) a United
States military identification card, (iv) a passport, or (v) a
merchant marine identification card issued by the United
States coast guard;
(b) Provides to the prospective consumer through electronic mail or other means a notice that meets the requirements of subsection (3) of this section; and
(c) In the case of an order for cigarettes pursuant to an
advertisement on the internet, receives payment for the delivery sale from the prospective consumer by a credit card or
[Title 70 RCW—page 461]
70.155.110
Title 70 RCW: Public Health and Safety
debit card, or by check that has been issued in the prospective
consumer’s name.
(3) The notice required under subsection (2)(b) of this
section must include:
(a) A prominent and clearly legible statement that cigarette sales to minors are illegal;
(b) A prominent and clearly legible statement that consists of one of the warnings set forth in section 4(a)(1) of the
federal cigarette labeling and advertising act (15 U.S.C. Sec.
1333(a)(1)) rotated on a quarterly basis;
(c) A prominent and clearly legible statement that sales
of cigarettes are restricted to those consumers who provide
verifiable proof of age in accordance with subsection (1) of
this section; and
(d) A prominent and clearly legible statement that cigarette sales are subject to tax pursuant to chapters 82.24 and
82.12 RCW, with an explanation of how the tax has been or
is to be paid with respect to a delivery sale.
(4) It is unlawful for a person who mails, ships, or otherwise delivers cigarettes in connection with a delivery sale to
fail to:
(a) Include as part of the bill of lading, or other shipping
documents, a clear and conspicuous statement that states:
"Cigarettes: Washington Law Prohibits Shipping to Individuals Under 18, and Requires the Payment of all Applicable
Taxes";
(b) Contract only with private carriers who employ
delivery agents who will verify the receiver of the cigarettes
is not a minor upon delivery. The only forms of identification
that are acceptable as proof of age for the purchase for
tobacco products are: (i) A liquor control authority card of
identification issued by a state of the United States or a province of Canada, (ii) a driver’s license, instruction permit, or
identification card issued by a state of the United States or a
province of Canada, (iii) a United States military identification card, (iv) a passport, or (v) a merchant marine identification card issued by the United States coast guard;
(c) Provide to the delivery service retained for the delivery sale evidence of full compliance with this section.
(5)(a) Before making delivery sales or mailings, shipping, or otherwise delivering cigarettes to a Washington
address in connection with any sales, any person who mails,
ships, or otherwise delivers cigarettes shall file with the board
a statement setting forth the person’s name, trade name, and
the address of the person’s principal place of business and
any other place of business.
(b) Any person who mails, ships, or otherwise delivers
cigarettes in connection with a delivery sale shall within fifteen days after the first of each month file with the board a
report of all delivery sales made by the person within this
state for the preceding month. The report shall show the
name and address of the consumer to whom the cigarettes
were sold, the kind and quality, and the date of delivery
thereof.
(6)(a) Any person other than a delivery service who violates any of the provisions of this section is guilty of a class C
felony punishable by up to five years in prison and a fine of
ten thousand dollars, and payment of the cost of investigation
and prosecution, including attorneys’ fees.
(b) Any person other than a delivery service who commits a second or subsequent violation of this section is [guilty
[Title 70 RCW—page 462]
of] a class B felony punishable by up to ten years in prison
and a fine of twenty thousand dollars, and payment of the cost
of investigation and prosecution, including attorneys’ fees.
(c) Any delivery service that violates any provision of
this section shall be guilty of a gross misdemeanor punishable by up to one year in jail and a fine of five thousand dollars.
(7) Any person that fails to collect or remit to the department of revenue any tax required under chapter 82.24 RCW
in connection with a delivery sale shall be assessed, in addition to any other penalty, a penalty of five times the retail
value of the cigarettes involved.
(8) For the purpose of obtaining information concerning
any matter relating to the administration or enforcement of
this title, the board or any of its agents may inspect the books,
documents, and records of any person who makes delivery
sales or mailings, or ships or otherwise delivers cigarettes or
retains another person to make delivery sales or mailings, or
to ship or otherwise deliver cigarettes insofar as such books,
documents, and/or records pertain to the financial transaction
involved. If such a person neglects or refuses to produce and
submit for inspection any book, record, or document as
required by this section when requested to do so by the board
or its agent, then the board or the attorney general may seek
an order in superior court compelling such production of
books, records, or documents. [2003 c 113 § 2.]
70.155.110 Liquor control board authority. (1) The
liquor control board shall, in addition to the board’s other
powers and authorities, have the authority to enforce the provisions of this chapter and *RCW 26.28.080(4) and
82.24.500. The liquor control board shall have full power to
revoke or suspend the license of any retailer or wholesaler in
accordance with the provisions of RCW 70.155.100.
(2) The liquor control board and the board’s authorized
agents or employees shall have full power and authority to
enter any place of business where tobacco products are sold
for the purpose of enforcing the provisions of this chapter.
(3) For the purpose of enforcing the provisions of this
chapter and *RCW 26.28.080(4) and 82.24.500, a peace
officer or enforcement officer of the liquor control board who
has reasonable grounds to believe a person observed by the
officer purchasing, attempting to purchase, or in possession
of tobacco products is under the age of eighteen years of age,
may detain such person for a reasonable period of time and in
such a reasonable manner as is necessary to determine the
person’s true identity and date of birth. Further, tobacco
products possessed by persons under the age of eighteen
years of age are considered contraband and may be seized by
a peace officer or enforcement officer of the liquor control
board.
(4) The liquor control board may work with local county
health departments or districts and local law enforcement
agencies to conduct random, unannounced, inspections to
assure compliance. [1993 c 507 § 12.]
70.155.110
*Reviser’s note: RCW 26.28.080 was amended by 1994 sp.s. c 7 § 437,
and no longer has numbered subsections.
70.155.120
70.155.120 Youth tobacco prevention account—
Source and use of funds. (1) The youth tobacco prevention
account is created in the state treasury. All fees collected pur(2006 Ed.)
National Uniform Tobacco Settlement—Nonparticipating Tobacco Product Manufacturers
suant to RCW 82.24.520 and 82.24.530 and funds collected
by the liquor control board from the imposition of monetary
penalties and samplers’ fees shall be deposited into this
account, except that ten percent of all such fees and penalties
shall be deposited in the state general fund.
(2) Moneys appropriated from the youth tobacco prevention account to the department of health shall be used by the
department of health for implementation of this chapter,
including collection and reporting of data regarding enforcement and the extent to which access to tobacco products by
youth has been reduced.
(3) The department of health shall enter into interagency
agreements with the liquor control board to pay the costs
incurred, up to thirty percent of available funds, in carrying
out its enforcement responsibilities under this chapter. Such
agreements shall set forth standards of enforcement, consistent with the funding available, so as to reduce the extent to
which tobacco products are available to individuals under the
age of eighteen. The agreements shall also set forth requirements for data reporting by the liquor control board regarding
its enforcement activities.
(4) The department of health and the department of revenue shall enter into an interagency agreement for payment of
the cost of administering the tobacco retailer licensing system
and for the provision of quarterly documentation of tobacco
wholesaler, retailer, and vending machine names and locations.
(5) The department of health shall, within up to seventy
percent of available funds, provide grants to local health
departments or other local community agencies to develop
and implement coordinated tobacco intervention strategies to
prevent and reduce tobacco use by youth. [1993 c 507 § 13.]
70.155.130
70.155.130 Preemption of political subdivisions. This
chapter preempts political subdivisions from adopting or
enforcing requirements for the licensure and regulation of
tobacco product promotions and sales within retail stores,
except that political subdivisions that have adopted ordinances prohibiting sampling by January 1, 1993, may continue to enforce these ordinances. No political subdivision
may: (1) Impose fees or license requirements on retail businesses for possessing or selling cigarettes or tobacco products, other than general business taxes or license fees not primarily levied on tobacco products; or (2) regulate or prohibit
activities covered by RCW 70.155.020 through 70.155.080.
This chapter does not otherwise preempt political subdivisions from adopting ordinances regulating the sale, purchase,
use, or promotion of tobacco products not inconsistent with
chapter 507, Laws of 1993. [1993 c 507 § 14.]
70.157.005
Chapter 70.157 RCW
NATIONAL UNIFORM TOBACCO SETTLEMENT—
NONPARTICIPATING TOBACCO
PRODUCT MANUFACTURERS
Chapter 70.157
Sections
70.157.005
70.157.010
70.157.020
70.157.030
Findings and purpose.
Definitions.
Requirements.
Contingent expiration date—Court action.
70.157.005
70.157.005 Findings and purpose. (a) Cigarette smoking presents serious public health concerns to the State and to
the citizens of the State. The Surgeon General has determined
that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of
tobacco-related deaths in the United States each year. These
diseases most often do not appear until many years after the
person in question begins smoking.
(b) Cigarette smoking also presents serious financial
concerns for the State. Under certain health-care programs,
the State may have a legal obligation to provide medical
assistance to eligible persons for health conditions associated
with cigarette smoking, and those persons may have a legal
entitlement to receive such medical assistance.
(c) Under these programs, the State pays millions of dollars each year to provide medical assistance for these persons
for health conditions associated with cigarette smoking.
(d) It is the policy of the State that financial burdens
imposed on the State by cigarette smoking be borne by
tobacco product manufacturers rather than by the State to the
extent that such manufacturers either determine to enter into
a settlement with the State or are found culpable by the
courts.
(e) On November 23, 1998, leading United States
tobacco product manufacturers entered into a settlement
agreement, entitled the "Master Settlement Agreement," with
the State. The Master Settlement Agreement obligates these
manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay
substantial sums to the State (tied in part to their volume of
sales); to fund a national foundation devoted to the interests
of public health; and to make substantial changes in their
advertising and marketing practices and corporate culture,
with the intention of reducing underage smoking.
(f) It would be contrary to the policy of the State if
tobacco product manufacturers who determine not to enter
into such a settlement could use a resulting cost advantage to
derive large, short-term profits in the years before liability
may arise without ensuring that the State will have an eventual source of recovery from them if they are proven to have
acted culpably. It is thus in the interest of the State to require
that such manufacturers establish a reserve fund to guarantee
a source of compensation and to prevent such manufacturers
from deriving large, short-term profits and then becoming
judgment-proof before liability may arise. [1999 c 393 § 1.]
70.155.900
70.155.900 Severability—1993 c 507. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 507 § 20.]
(2006 Ed.)
Captions not law—1999 c 393: "Captions used in this act are not part
of the law." [1999 c 393 § 5.]
Effective date—1999 c 393: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 18, 1999]." [1999 c 393 § 6.]
[Title 70 RCW—page 463]
70.157.010
70.157.010
Title 70 RCW: Public Health and Safety
70.157.010 Definitions. (a) "Adjusted for inflation"
means increased in accordance with the formula for inflation
adjustment set forth in Exhibit C to the Master Settlement
Agreement.
(b) "Affiliate" means a person who directly or indirectly
owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for
purposes of this definition, the terms "owns," "is owned" and
"ownership" mean ownership of an equity interest, or the
equivalent thereof, of ten percent or more, and the term "person" means an individual, partnership, committee, association, corporation or any other organization or group of persons.
(c) "Allocable share" means Allocable Share as that term
is defined in the Master Settlement Agreement.
(d) "Cigarette" means any product that contains nicotine,
is intended to be burned or heated under ordinary conditions
of use, and consists of or contains (1) any roll of tobacco
wrapped in paper or in any substance not containing tobacco;
or (2) tobacco, in any form, that is functional in the product,
which, because of its appearance, the type of tobacco used in
the filler, or its packaging and labeling, is likely to be offered
to, or purchased by, consumers as a cigarette; or (3) any roll
of tobacco wrapped in any substance containing tobacco
which, because of its appearance, the type of tobacco used in
the filler, or its packaging and labeling, is likely to be offered
to, or purchased by, consumers as a cigarette described in
clause (1) of this definition. The term "cigarette" includes
"roll-your-own" (i.e., any tobacco which, because of its
appearance, type, packaging, or labeling is suitable for use
and likely to be offered to, or purchased by, consumers as
tobacco for making cigarettes). For purposes of this definition of "cigarette," 0.09 ounces of "roll-your-own" tobacco
shall constitute one individual "cigarette".
(e) "Master Settlement Agreement" means the settlement
agreement (and related documents) entered into on November 23, 1998 by the State and leading United States tobacco
product manufacturers.
(f) "Qualified escrow fund" means an escrow arrangement with a federally or State chartered financial institution
having no affiliation with any tobacco product manufacturer
and having assets of at least $1,000,000,000 where such
arrangement requires that such financial institution hold the
escrowed funds’ principal for the benefit of releasing parties
and prohibits the tobacco product manufacturer placing the
funds into escrow from using, accessing or directing the use
of the funds’ principal except as consistent with RCW
70.157.020(b).
(g) "Released claims" means Released Claims as that
term is defined in the Master Settlement Agreement.
(h) "Releasing parties" means Releasing Parties as that
term is defined in the Master Settlement Agreement.
(i) "Tobacco Product Manufacturer" means an entity that
after the date of enactment of this Act directly (and not exclusively through any affiliate):
(1) manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an
importer (except where such importer is an original participating manufacturer (as that term is defined in the Master
Settlement Agreement) that will be responsible for the pay[Title 70 RCW—page 464]
ments under the Master Settlement Agreement with respect
to such cigarettes as a result of the provisions of subsections
II(mm) of the Master Settlement Agreement and that pays the
taxes specified in subsection II(z) of the Master Settlement
Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the
United States);
(2) is the first purchaser anywhere for resale in the
United States of cigarettes manufactured anywhere that the
manufacturer does not intend to be sold in the United States;
or
(3) becomes a successor of an entity described in paragraph (1) or (2).
The term "Tobacco Product Manufacturer" shall not
include an affiliate of a tobacco product manufacturer unless
such affiliate itself falls within any of (1)-(3) above.
(j) "Units sold" means the number of individual cigarettes sold in the State by the applicable tobacco product
manufacturer (whether directly or through a distributor,
retailer or similar intermediary or intermediaries) during the
year in question, as measured by excise taxes collected by the
State on packs bearing the excise tax stamp of the State or
"roll-your-own" tobacco containers. The department of revenue shall promulgate such regulations as are necessary to
ascertain the amount of State excise tax paid on the cigarettes
of such tobacco product manufacturer for each year. [1999 c
393 § 2.]
Captions not law—Effective date—1999 c 393: See notes following
RCW 70.157.005.
70.157.020
70.157.020 Requirements. (Contingent expiration
date.) Any tobacco product manufacturer selling cigarettes
to consumers within the State (whether directly or through a
distributor, retailer or similar intermediary or intermediaries)
after May 18, 1999, shall do one of the following:
(a) become a participating manufacturer (as that term is
defined in section II(jj) of the Master Settlement Agreement)
and generally perform its financial obligations under the
Master Settlement Agreement; or
(b)(1) place into a qualified escrow fund by April 15 of
the year following the year in question the following amounts
(as such amounts are adjusted for inflation)—
1999: $.0094241 per unit sold after May 18, 1999;
2000: $.0104712 per unit sold;
for each of 2001 and 2002: $.0136125 per unit sold;
for each of 2003 through 2006: $.0167539 per unit sold;
for each of 2007 and each year thereafter: $.0188482 per
unit sold.
(2) A tobacco product manufacturer that places funds
into escrow pursuant to paragraph (1) shall receive the interest or other appreciation on such funds as earned. Such funds
themselves shall be released from escrow only under the following circumstances—
(A) to pay a judgment or settlement on any released
claim brought against such tobacco product manufacturer by
the State or any releasing party located or residing in the
State. Funds shall be released from escrow under this subparagraph (i) in the order in which they were placed into
escrow and (ii) only to the extent and at the time necessary to
make payments required under such judgment or settlement;
(2006 Ed.)
National Uniform Tobacco Settlement—Nonparticipating Tobacco Product Manufacturers
(B) to the extent that a tobacco product manufacturer
establishes that the amount it was required to place into
escrow on account of units sold in the state in a particular
year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including after final determination of all adjustments,
that such manufacturer would have been required to make on
account of such units sold, had it been a Participating Manufacturer, the excess shall be released from escrow and revert
back to such tobacco product manufacturer; or
(C) to the extent not released from escrow under subparagraphs (A) or (B), funds shall be released from escrow
and revert back to such tobacco product manufacturer
twenty-five years after the date on which they were placed
into escrow.
(3) Each tobacco product manufacturer that elects to
place funds into escrow pursuant to this subsection shall
annually certify to the Attorney General that it is in compliance with this subsection. The Attorney General may bring a
civil action on behalf of the State against any tobacco product
manufacturer that fails to place into escrow the funds
required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds
required under this section shall—
(A) be required within 15 days to place such funds into
escrow as shall bring it into compliance with this section.
The court, upon a finding of a violation of this subsection,
may impose a civil penalty to be paid to the general fund of
the state in an amount not to exceed 5 percent of the amount
improperly withheld from escrow per day of the violation and
in a total amount not to exceed 100 percent of the original
amount improperly withheld from escrow;
(B) in the case of a knowing violation, be required within
15 days to place such funds into escrow as shall bring it into
compliance with this section. The court, upon a finding of a
knowing violation of this subsection, may impose a civil penalty to be paid to the general fund of the state in an amount
not to exceed 15 percent of the amount improperly withheld
from escrow per day of the violation and in a total amount not
to exceed 300 percent of the original amount improperly
withheld from escrow; and
(C) in the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the State
(whether directly or through a distributor, retailer or similar
intermediary) for a period not to exceed 2 years.
Each failure to make an annual deposit required under
this section shall constitute a separate violation. The violator
shall also pay the State’s costs and attorney’s fees incurred
during a successful prosecution under this paragraph (3).
[2003 c 342 § 1; 1999 c 393 § 3.]
Captions not law—Effective date—1999 c 393: See notes following
RCW 70.157.005.
70.157.020
70.157.020 Requirements. (Contingent effective
date.) Any tobacco product manufacturer selling cigarettes
to consumers within the State (whether directly or through a
distributor, retailer or similar intermediary or intermediaries)
after May 18, 1999, shall do one of the following:
(a) become a participating manufacturer (as that term is
defined in section II(jj) of the Master Settlement Agreement)
(2006 Ed.)
70.157.020
and generally perform its financial obligations under the
Master Settlement Agreement; or
(b)(1) place into a qualified escrow fund by April 15 of
the year following the year in question the following amounts
(as such amounts are adjusted for inflation)—
1999: $.0094241 per unit sold after May 18, 1999;
2000: $.0104712 per unit sold;
for each of 2001 and 2002: $.0136125 per unit sold;
for each of 2003 through 2006: $.0167539 per unit sold;
for each of 2007 and each year thereafter: $.0188482 per
unit sold.
(2) A tobacco product manufacturer that places funds
into escrow pursuant to paragraph (1) shall receive the interest or other appreciation on such funds as earned. Such funds
themselves shall be released from escrow only under the following circumstances—
(A) to pay a judgment or settlement on any released
claim brought against such tobacco product manufacturer by
the State or any releasing party located or residing in the
State. Funds shall be released from escrow under this subparagraph (i) in the order in which they were placed into
escrow and (ii) only to the extent and at the time necessary to
make payments required under such judgment or settlement;
(B) to the extent that a tobacco product manufacturer
establishes that the amount it was required to place into
escrow in a particular year was greater than the State’s allocable share of the total payments that such manufacturer
would have been required to make in that year under the Master Settlement Agreement (as determined pursuant to section
IX(i)(2) of the Master Settlement Agreement, and before any
of the adjustments or offsets described in section IX(i)(3) of
that Agreement other than the Inflation Adjustment) had it
been a participating manufacturer, the excess shall be
released from escrow and revert back to such tobacco product
manufacturer; or
(C) to the extent not released from escrow under subparagraphs (A) or (B), funds shall be released from escrow
and revert back to such tobacco product manufacturer
twenty-five years after the date on which they were placed
into escrow.
(3) Each tobacco product manufacturer that elects to
place funds into escrow pursuant to this subsection shall
annually certify to the Attorney General that it is in compliance with this subsection. The Attorney General may bring a
civil action on behalf of the State against any tobacco product
manufacturer that fails to place into escrow the funds
required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds
required under this section shall—
(A) be required within 15 days to place such funds into
escrow as shall bring it into compliance with this section. The
court, upon a finding of a violation of this subsection, may
impose a civil penalty to be paid to the general fund of the
state in an amount not to exceed 5 percent of the amount
improperly withheld from escrow per day of the violation and
in a total amount not to exceed 100 percent of the original
amount improperly withheld from escrow;
(B) in the case of a knowing violation, be required within
15 days to place such funds into escrow as shall bring it into
compliance with this section. The court, upon a finding of a
knowing violation of this subsection, may impose a civil pen[Title 70 RCW—page 465]
70.157.030
Title 70 RCW: Public Health and Safety
alty to be paid to the general fund of the state in an amount
not to exceed 15 percent of the amount improperly withheld
from escrow per day of the violation and in a total amount not
to exceed 300 percent of the original amount improperly
withheld from escrow; and
(C) in the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the State
(whether directly or through a distributor, retailer or similar
intermediary) for a period not to exceed 2 years.
Each failure to make an annual deposit required under
this section shall constitute a separate violation. The violator
shall also pay the State’s costs and attorney’s fees incurred
during a successful prosecution under this paragraph (3).
[1999 c 393 § 3.]
Captions not law—Effective date—1999 c 393: See notes following
RCW 70.157.005.
70.157.030
70.157.030 Contingent expiration date—Court
action. If chapter 342, Laws of 2003 is held by a court of
competent jurisdiction to be unconstitutional, then RCW
70.157.020(b)(2)(B) shall be repealed in its entirety. If RCW
70.157.020(b)(2) shall thereafter be held by a court of competent jurisdiction to be unconstitutional, then chapter 342,
Laws of 2003 shall be repealed, and RCW
70.157.020(b)(2)(B) be restored as if no amendments had
been made. Neither any holding of unconstitutionality nor
the repeal of RCW 70.157.020(b)(2)(B) shall affect, impair,
or invalidate any other portion of RCW 70.157.020 or the
application of that section to any other person or circumstance, and the remaining portions of RCW 70.157.020 shall
at all times continue in full force and effect. [2003 c 342 § 2.]
Chapter 70.158
Chapter 70.158 RCW
TOBACCO PRODUCT MANUFACTURERS
Sections
70.158.010
70.158.020
70.158.030
70.158.040
70.158.050
70.158.060
70.158.070
70.158.900
70.158.901
Findings.
Definitions.
Tobacco product manufacturers—Certification—Attorney
general to publish directory—Violations.
Nonresident, nonparticipating manufacturers—Agent for
service of process.
Reports, records—Confidentiality, disclosures, voluntary
waivers—Escrow payments.
Penalties—Application of consumer protection act.
Attorney general’s directory decision to be final agency
action—Due dates for reports, certifications, directory—
Rules—Costs—Penalties.
Conflict of law—Severability—2003 c 25.
Effective date—2003 c 25.
70.158.010
70.158.010 Findings. The legislature finds that violations of RCW 70.157.020 threaten the integrity of the
tobacco master settlement agreement, the fiscal soundness of
the state, and the public health. The legislature finds the
enacting procedural enhancements will help prevent violations and aid the enforcement of RCW 70.157.020 and
thereby safeguard the master settlement agreement, the fiscal
soundness of the state, and the public health. The provisions
of chapter 25, Laws of 2003 are not intended to and shall not
be interpreted to amend chapter 70.157 RCW. [2003 c 25 §
1.]
[Title 70 RCW—page 466]
70.158.020
70.158.020 Definitions. The following definitions
apply to this chapter unless the context clearly requires otherwise.
(1) "Brand family" means all styles of cigarettes sold
under the same trademark and differentiated from one
another by means of additional modifiers or descriptors,
including, but not limited to, "menthol," "lights," "kings,"
and "100s," and includes any brand name alone or in conjunction with any other word, trademark, logo, symbol, motto,
selling message, recognizable pattern of colors, or any other
indicia of product identification identical or similar to, or
identifiable with, a previously known brand of cigarettes.
(2) "Board" means the liquor control board.
(3) "Cigarette" has the same meaning as in RCW
70.157.010(d).
(4) "Director" means the director of the department of
revenue except as otherwise noted.
(5) "Directory" means the directory to be created and
published on a web site by the attorney general pursuant to
RCW 70.158.030(2).
(6) "Distributor" has the same meaning as in RCW
82.26.010(3), except that for purposes of this chapter, no person is a distributor if that person does not deal with cigarettes
as defined in this section.
(7) "Master settlement agreement" has the same meaning
as in RCW 70.157.010(e).
(8) "Nonparticipating manufacturer" means any tobacco
product manufacturer that is not a participating manufacturer.
(9) "Participating manufacturer" has the meaning given
that term in section II(jj) of the master settlement agreement.
(10) "Qualified escrow fund" has the same meaning as in
RCW 70.157.010(f).
(11) "Stamp" means "stamp" as defined in RCW
82.24.010(7) or as referred to in RCW 43.06.455(4).
(12) "Tobacco product manufacturer" has the same
meaning as in RCW 70.157.010(i).
(13) "Units sold" has the same meaning as in RCW
70.157.010(j).
(14) "Wholesaler" has the same meaning as in RCW
82.24.010. [2003 c 25 § 2.]
70.158.030
70.158.030 Tobacco product manufacturers—Certification—Attorney general to publish directory—Violations. (1) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a
wholesaler, distributor, retailer, or similar intermediary or
intermediaries, shall execute and deliver on a form prescribed
by the attorney general a certification to the attorney general,
no later than the thirtieth day of April each year, certifying
under penalty of perjury that, as of the date of such certification, the tobacco product manufacturer is either a participating manufacturer; or is in full compliance with RCW
70.157.020(b)(1), including all payments required by that
section or chapter 25, Laws of 2003.
(a) A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update the list thirty calendar days prior to any
addition to or modification of its brand families by executing
and delivering a supplemental certification to the attorney
general.
(2006 Ed.)
Tobacco Product Manufacturers
(b) A nonparticipating manufacturer shall include in its
certification: (i) A list of all of its brand families and the
number of units sold for each brand family that were sold in
the state during the preceding calendar year; (ii) a list of all of
its brand families that have been sold in the state at anytime
during the current calendar year; (iii) indicating, by an asterisk, any brand family sold in the state during the preceding
calendar year that is no longer being sold in the state as of the
date of such certification; and (iv) identifying by name and
address any other manufacturer of brand families in the preceding or current calendar year. The nonparticipating manufacturer shall update the list thirty calendar days prior to any
addition to or modification of its brand families by executing
and delivering a supplemental certification to the attorney
general.
(c) In the case of a nonparticipating manufacturer, the
certification shall further certify:
(i) That the nonparticipating manufacturer is registered
to do business in the state or has appointed a resident agent
for service of process and provided notice as required by
RCW 70.158.040;
(ii) That the nonparticipating manufacturer: (A) Has
established and continues to maintain a qualified escrow
fund; and (B) has executed a qualified escrow agreement that
has been reviewed and approved by the attorney general and
that governs the qualified escrow fund;
(iii) That the nonparticipating manufacturer is in full
compliance with RCW 70.157.020(b)(1) and this chapter,
and any rules adopted pursuant thereto; and
(iv)(A) The name, address, and telephone number of the
financial institution where the nonparticipating manufacturer
has established a qualified escrow fund required pursuant to
RCW 70.157.020(b)(1) and all rules adopted thereunder; (B)
the account number of the qualified escrow fund and any subaccount number for the state of Washington; (C) the amount
the nonparticipating manufacturer placed in the fund for cigarettes sold in the state during the preceding calendar year,
the date and amount of each deposit, and evidence or verification as may be deemed necessary by the attorney general to
confirm the foregoing; and (D) the amount and date of any
withdrawal or transfer of funds the nonparticipating manufacturer made at any time from the fund or from any other
qualified escrow fund into which it ever made escrow payments pursuant to RCW 70.157.020(b)(1) and all rules
adopted thereunder.
(d) A tobacco product manufacturer may not include a
brand family in its certification unless: (i) In the case of a
participating manufacturer, the participating manufacturer
affirms that the brand family is to be deemed to be its cigarettes for purposes of calculating its payments under the master settlement agreement for the relevant year, in the volume
and shares determined pursuant to the master settlement
agreement; and (ii) in the case of a nonparticipating manufacturer, the nonparticipating manufacturer affirms that the
brand family is to be deemed to be its cigarettes for purposes
of RCW 70.157.020(b)(1). Nothing in this section limits or
otherwise affects the state’s right to maintain that a brand
family constitutes cigarettes of a different tobacco product
manufacturer for purposes of calculating payments under the
master settlement agreement or for purposes of RCW
70.157.020.
(2006 Ed.)
70.158.030
(e) A tobacco product manufacturer shall maintain all
invoices and documentation of sales and other information
relied upon for such certification for a period of five years,
unless otherwise required by law to maintain them for a
greater period of time.
(2) Not later than November 1, 2003, the attorney general shall develop and publish on its web site a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of this section and all brand families that are listed in
these certifications, except as noted below:
(a) The attorney general shall not include or retain in the
directory the name or brand families of any nonparticipating
manufacturer that has failed to provide the required certification or whose certification the attorney general determines is
not in compliance with subsection (1)(b) and (c) of this section, unless the attorney general has determined that the violation has been cured to the satisfaction of the attorney general.
(b) Neither a tobacco product manufacturer nor brand
family shall be included or retained in the directory if the
attorney general concludes, in the case of a nonparticipating
manufacturer, that: (i) Any escrow payment required pursuant to RCW 70.157.020(b)(1) for any period for any brand
family, whether or not listed by the nonparticipating manufacturer, has not been fully paid into a qualified escrow fund
governed by a qualified escrow agreement that has been
approved by the attorney general; or (ii) any outstanding final
judgment, including interest, for a violation of RCW
70.157.020(b)(1) that has not been fully satisfied for the
brand family or manufacturer.
(c) The attorney general shall update the directory as
necessary in order to correct mistakes and to add or remove a
tobacco product manufacturer or brand family to keep the
directory in conformity with the requirements of this chapter.
The attorney general shall transmit, by e-mail or other practicable means to each wholesaler or distributor, notice of any
addition to or removal from the directory of any tobacco
product manufacturer or brand family. Unless otherwise provided by agreement between the wholesaler or distributor and
a tobacco product manufacturer, the wholesaler or distributor
shall be entitled to a refund from a tobacco product manufacturer for any money paid by the wholesaler or distributor to
the tobacco product manufacturer for any cigarettes of the
tobacco product manufacturer still held by the wholesaler or
distributor on the date of notice by the attorney general of the
removal from the directory of that tobacco product manufacturer or the brand family of the cigarettes. The attorney general shall not restore to the directory the tobacco product
manufacturer or the brand family until the tobacco product
manufacturer has paid the wholesaler or distributor any
refund due.
(d) Every wholesaler and distributor shall provide and
update as necessary an electronic mail address to the attorney
general for the purpose of receiving any notifications as may
be required by this chapter.
(e) A tobacco product manufacturer included in the
directory may request that a new brand family be certified
and added to the directory. Within forty-five business days
of receiving the request, the attorney general will respond by
either: (i) Certifying the new brand family; or (ii) denying
[Title 70 RCW—page 467]
70.158.040
Title 70 RCW: Public Health and Safety
the request. However, in cases where the attorney general
determines that it needs clarification as to whether the
requestor is actually the tobacco product manufacturer, the
attorney general may take more time as needed to clarify the
request, to locate and assemble information or documents
needed to process the request, and to notify persons or agencies affected by the request.
(f) The web site will state that chapter 25, Laws of 2003
applies only to cigarettes including, pursuant to the definition
of "cigarettes" in chapter 25, Laws of 2003, roll-your-own
tobacco.
(3) It is unlawful for any person (a) to affix a stamp to a
package or other container of cigarettes of a tobacco product
manufacturer or brand family not included in the directory, or
to pay or cause to be paid the tobacco products tax on any
package or container; or (b) to sell, offer, or possess for sale
in this state or import for sale in this state, any cigarettes of a
tobacco product manufacturer or brand family not included in
the directory. [2003 c 25 § 3.]
70.158.040
70.158.040 Nonresident, nonparticipating manufacturers—Agent for service of process. (1) Any nonresident
or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or
business entity shall, as a condition precedent to having its
brand families included or retained in the directory, appoint
and continually engage without interruption the services of
an agent in this state to act as agent for the service of process
on whom all process, and any action or proceeding against it
concerning or arising out of the enforcement of this chapter
and RCW 70.157.020(b)(1), may be served in any manner
authorized by law. The service shall constitute legal and
valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the
name, address, phone number, and proof of the appointment
and availability of the agent to the satisfaction of the attorney
general.
(2) The nonparticipating manufacturer shall provide
notice to the attorney general thirty calendar days prior to termination of the authority of an agent and shall further provide
proof to the satisfaction of the attorney general of the
appointment of a new agent no less than five calendar days
prior to the termination of an existing agent appointment. In
the event an agent terminates an agency appointment, the
nonparticipating manufacturer shall notify the attorney general of the termination within five calendar days and include
proof to the satisfaction of the attorney general of the
appointment of a new agent.
(3) Any nonparticipating manufacturer whose cigarettes
are sold in this state, who has not appointed and engaged an
agent as required in this section, shall be deemed to have
appointed the secretary of state as the agent and may be proceeded against in courts of this state by service of process
upon the secretary of state. However, the appointment of the
secretary of state as agent shall not satisfy the condition precedent for having the brand families of the nonparticipating
manufacturer included or retained in the directory. [2003 c
25 § 4.]
[Title 70 RCW—page 468]
70.158.050
70.158.050 Reports, records—Confidentiality, disclosures, voluntary waivers—Escrow payments. (1) In
addition to the reporting requirements under *RCW
70.157.010(j) and the rules adopted thereunder, not later than
twenty-five calendar days after the end of each calendar
month, and more frequently if directed by the director, each
wholesaler and distributor shall submit information the director requires to facilitate compliance with this chapter, including, but not limited to, a list by brand family of the total number of cigarettes, or, in the case of roll-your-own, the equivalent stick count for which the wholesaler or distributor
affixed stamps during the previous calendar month or otherwise paid the tax due for the cigarettes. Each wholesaler and
distributor shall maintain and make available to the director,
all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied
upon in reporting to the attorney general or the director for a
period of five years.
(2) Information or records required to be furnished to the
department, the board, or the attorney general are confidential and shall not be disclosed. However, the director and the
board are authorized to disclose to the attorney general any
information received under this chapter and requested by the
attorney general for purposes of determining compliance
with and enforcing the provisions of this chapter. The director, the board, and the attorney general may share with each
other the information received under this chapter, and may
share information with other federal, state, or local agencies,
including without limitation the board, only for purposes of
enforcement of this chapter, RCW 70.157.020, or corresponding laws of other states. If a tobacco product manufacturer that is required to establish a qualified escrow fund
under RCW 70.157.020 disputes the attorney general’s determination of what that manufacturer needs to place into
escrow, and the attorney general determines that the dispute
can likely be resolved by disclosing reports from the relevant
distributors and wholesalers indicating the sales or purchases
of the tobacco manufacturer’s products, then the attorney
general shall request voluntary waivers of confidentiality so
that the reports may be disclosed to the tobacco product manufacturer to help resolve the dispute. If the waivers are provided, then the director and the attorney general are authorized to disclose the waived confidential information collected on the sales or purchases of cigarettes to the tobacco
product manufacturer. However, before the attorney general
or the director discloses the waived confidential information,
the tobacco product manufacturer must provide to the attorney general all records relating to its sales or purchases of
cigarettes in dispute. The information provided to a tobacco
product manufacturer pursuant to this subsection (2) shall be
limited to brands or products of that manufacturer only, may
be used only for the limited purpose of determining the
appropriate escrow deposit, and may not be disclosed by the
tobacco product manufacturer.
(3) The attorney general may require at any time from
the nonparticipating manufacturer proof, from the financial
institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with RCW
70.157.020(b)(1), of the amount of money in the fund, exclusive of interest, the amount and date of each deposit to the
(2006 Ed.)
Tobacco Product Manufacturers
fund, and the amount and date of each withdrawal from the
fund.
(4) In addition to the information required to be submitted pursuant to RCW 70.158.030, this section, and chapters
82.24 and 82.26 RCW, the director, the board, or the attorney
general may require a wholesaler, distributor, or tobacco
product manufacturer to submit any additional information
including, but not limited to, samples of the packaging or
labeling of each brand family, as is necessary to enable the
attorney general to determine whether a tobacco product
manufacturer is in compliance with this chapter. If the director, the board, or the attorney general makes a request for
information pursuant to this subsection (4), the tobacco product manufacturer, distributor, or wholesaler shall comply
promptly.
(5) A nonparticipating manufacturer that either: (a) Has
not previously made escrow payments to the state of Washington pursuant to RCW 70.157.020; or (b) has not actually
made any escrow payments for more than one year, shall
make the required escrow deposits in quarterly installments
during the first year in which the sales covered by the deposits are made or in the first year in which the payments are
made. The director or the attorney general may require production of information sufficient to enable the attorney general to determine the adequacy of the amount of the installment deposit. [2003 c 25 § 5.]
*Reviser’s note: For rules and reporting requirements adopted pursuant to RCW 70.157.010, see WAC 458-20-264.
70.158.060
70.158.060 Penalties—Application of consumer protection act. (1) In addition to or in lieu of any other civil or
criminal remedy provided by law, upon a determination that
a wholesaler has violated RCW 70.158.030(3) or any rule
adopted pursuant to this chapter, the director or the board
may revoke or suspend the license of the wholesaler in the
manner provided by chapter 82.24 or 82.32 RCW. Each
stamp affixed and each sale or offer to sell cigarettes in violation of RCW 70.158.030(3) shall constitute a separate violation. For each violation of this chapter, the director or the
board may also impose a civil penalty in an amount not to
exceed the greater of five hundred percent of the retail value
of the cigarettes or five thousand dollars upon a determination of violation of RCW 70.158.030(3) or any rules adopted
pursuant thereto. The penalty shall be imposed in the manner
provided by chapter 82.24 RCW.
(2) The attorney general may seek an injunction in superior court to restrain a threatened or actual violation of RCW
70.158.030(3) or 70.158.050 (1) or (4) by a person and to
compel the person to comply with these sections. In any
action brought pursuant to this section, the state shall be entitled to recover the costs of investigation, costs of the action,
and reasonable attorney fees.
(3) It is unlawful for a person to: (a) Sell or distribute
cigarettes or (b) acquire, hold, own, possess, transport,
import, or cause to be imported cigarettes, that the person
knows or should know are intended for distribution or sale in
the state in violation of RCW 70.158.030(3). A violation of
this subsection (3) is a gross misdemeanor.
(4) Any violation of this chapter is not reasonable in relation to the development and preservation of business and is
an unfair and deceptive act or practice and an unfair method
(2006 Ed.)
70.158.901
of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Standing to bring an action to
enforce RCW 19.86.020 for violation of this chapter shall lie
solely with the attorney general. Remedies provided by
chapter 19.86 RCW are cumulative and not exclusive. [2003
c 25 § 6.]
70.158.070
70.158.070 Attorney general’s directory decision to
be final agency action—Due dates for reports, certifications, directory—Rules—Costs—Penalties. (1) A determination of the attorney general not to include or to remove
from the directory a brand family or tobacco product manufacturer shall be final agency action for purposes of review
under RCW 34.05.570(4).
(2) No person shall be issued a license or granted a
renewal of a license to act as a wholesaler unless the person
has certified in writing under penalty of perjury, that the person will comply fully with this section.
(3) The first reports of wholesalers and distributors are
due August 25, 2003. The certifications by a tobacco product
manufacturer described in RCW 70.158.030(1) are due September 15, 2003. The directory described in RCW
70.158.030(2) shall be published or made available by
November 1, 2003.
(4) The attorney general, the board, and the director may
adopt rules as necessary to effect the administration of this
chapter.
(5) In any action brought by the state to enforce this
chapter, the state is entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable
attorney fees.
(6) If a court determines that a person has violated this
chapter, the court shall order any profits, gain, gross receipts,
or other benefit from the violation to be disgorged and paid to
the general fund. Unless otherwise expressly provided, the
remedies or penalties provided by this chapter are cumulative
to each other and to the remedies or penalties available under
all other laws of this state. [2003 c 25 § 7.]
70.158.900
70.158.900 Conflict of law—Severability—2003 c 25.
If a court of competent jurisdiction finds that the provisions
of chapter 25, Laws of 2003 and chapter 70.157 RCW conflict and cannot be harmonized, then the provisions of chapter
70.157 RCW shall control. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of chapter 25,
Laws of 2003 causes chapter 70.157 RCW no longer to constitute a qualifying or model statute, as those terms are
defined in the master settlement agreement, then that portion
of chapter 25, Laws of 2003 shall not be valid. If any section,
subsection, subdivision, paragraph, sentence, clause, or
phrase of chapter 25, Laws of 2003 is for any reason held to
be invalid, unlawful, or unconstitutional, the decision shall
not affect the validity of the remaining portions of chapter 25,
Laws of 2003 or any part thereof. [2003 c 25 § 8.]
70.158.901
70.158.901 Effective date—2003 c 25. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 2003.
[2003 c 25 § 13.]
[Title 70 RCW—page 469]
Chapter 70.160
Chapter 70.160
Title 70 RCW: Public Health and Safety
Chapter 70.160 RCW
SMOKING IN PUBLIC PLACES
(Formerly: Washington clean indoor air act)
Sections
70.160.011
70.160.020
70.160.030
70.160.050
70.160.060
70.160.070
70.160.075
70.160.080
70.160.100
Findings—Intent—2006 c 2 (Initiative Measure No. 901).
Definitions.
Smoking prohibited in public places or places of employment.
Owners, lessees to post signs prohibiting smoking.
Intent of chapter as applied to certain private workplaces.
Intentional violation of chapter—Removing, defacing, or
destroying required sign—Fine—Notice of infraction—
Exceptions—Violations of RCW 70.160.050—Fine—
Enforcement.
Smoking prohibited within twenty-five feet of public places
or places of employment—Application to modify presumptively reasonable minimum distance.
Local regulations authorized.
Penalty assessed under this chapter paid to jurisdiction bringing action.
Smoking in municipal transit vehicle, unlawful bus conduct: RCW 9.91.025.
70.160.011 Findings—Intent—2006 c 2 (Initiative
Measure No. 901). The people of the state of Washington
recognize that exposure to second-hand smoke is known to
cause cancer in humans. Second-hand smoke is a known
cause of other diseases including pneumonia, asthma, bronchitis, and heart disease. Citizens are often exposed to second-hand smoke in the workplace, and are likely to develop
chronic, potentially fatal diseases as a result of such exposure. In order to protect the health and welfare of all citizens,
including workers in their places of employment, it is necessary to prohibit smoking in public places and workplaces.
[2006 c 2 § 1 (Initiative Measure No. 901, approved November 8, 2005).]
70.160.011
Captions not law—2006 c 2 (Initiative Measure No. 901): "Captions
used in this act are not any part of the law." [2006 c 2 § 8 (Initiative Measure
No. 901, approved November 8, 2005).]
70.160.020 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly indicates otherwise.
(1) "Smoke" or "smoking" means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other
lighted smoking equipment.
(2) "Public place" means that portion of any building or
vehicle used by and open to the public, regardless of whether
the building or vehicle is owned in whole or in part by private
persons or entities, the state of Washington, or other public
entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty-five feet
from entrances, exits, windows that open, and ventilation
intakes that serve an enclosed area where smoking is prohibited. A public place does not include a private residence
unless the private residence is used to provide licensed child
care, foster care, adult care, or other similar social service
care on the premises.
Public places include, but are not limited to: Schools,
elevators, public conveyances or transportation facilities,
museums, concert halls, theaters, auditoriums, exhibition
halls, indoor sports arenas, hospitals, nursing homes, health
care facilities or clinics, enclosed shopping centers, retail
stores, retail service establishments, financial institutions,
educational facilities, ticket areas, public hearing facilities,
state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas,
lobbies, bars, taverns, bowling alleys, skating rinks, casinos,
reception areas, and no less than seventy-five percent of the
sleeping quarters within a hotel or motel that are rented to
guests. A public place does not include a private residence.
This chapter is not intended to restrict smoking in private
facilities which are occasionally open to the public except
upon the occasions when the facility is open to the public.
(3) "Place of employment" means any area under the
control of a public or private employer which employees are
required to pass through during the course of employment,
including, but not limited to: Entrances and exits to the
places of employment, and including a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of
twenty-five feet from entrances, exits, windows that open,
and ventilation intakes that serve an enclosed area where
smoking is prohibited; work areas; restrooms; conference and
classrooms; break rooms and cafeterias; and other common
areas. A private residence or home-based business, unless
used to provide licensed child care, foster care, adult care, or
other similar social service care on the premises, is not a
place of employment. [2006 c 2 § 2 (Initiative Measure No.
901, approved November 8, 2005); 1985 c 236 § 2.]
Captions not law—2006 c 2 (Initiative Measure No. 901): See note
following RCW 70.160.011.
70.160.030
70.160.030 Smoking prohibited in public places or
places of employment. No person may smoke in a public
place or in any place of employment. [2006 c 2 § 3 (Initiative
Measure No. 901, approved November 8, 2005); 1985 c 236
§ 3.]
Captions not law—2006 c 2 (Initiative Measure No. 901): See note
following RCW 70.160.011.
70.160.020
[Title 70 RCW—page 470]
70.160.050
70.160.050 Owners, lessees to post signs prohibiting
smoking. Owners, or in the case of a leased or rented space
the lessee or other person in charge, of a place regulated
under this chapter shall prohibit smoking in public places and
places of employment and shall post signs prohibiting smoking as appropriate under this chapter. Signs shall be posted
conspicuously at each building entrance. In the case of retail
stores and retail service establishments, signs shall be posted
conspicuously at each entrance and in prominent locations
throughout the place. [2006 c 2 § 4 (Initiative Measure No.
901, approved November 8, 2005); 1985 c 236 § 5.]
Captions not law—2006 c 2 (Initiative Measure No. 901): See note
following RCW 70.160.011.
70.160.060
70.160.060 Intent of chapter as applied to certain private workplaces. This chapter is not intended to regulate
smoking in a private enclosed workplace, within a public
place, even though such workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by
the chief of the Washington state patrol, through the director
of fire protection, or by other law, ordinance, or regulation.
[1995 c 369 § 60; 1986 c 266 § 121; 1985 c 236 § 6.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
(2006 Ed.)
Indoor Air Quality in Public Buildings
70.160.070
70.160.070 Intentional violation of chapter—Removing, defacing, or destroying required sign—Fine—Notice
o f i nf ra c t i o n —E x c e pt io n s— V io l a t io n s o f RC W
70.160.050—Fine—Enforcement. (1) Any person intentionally violating this chapter by smoking in a public place or
place of employment, or any person removing, defacing, or
destroying a sign required by this chapter, is subject to a civil
fine of up to one hundred dollars. Any person passing by or
through a public place while on a public sidewalk or public
right of way has not intentionally violated this chapter. Local
law enforcement agencies shall enforce this section by issuing a notice of infraction to be assessed in the same manner as
traffic infractions. The provisions contained in chapter 46.63
RCW for the disposition of traffic infractions apply to the disposition of infractions for violation of this subsection except
as follows:
(a) The provisions in chapter 46.63 RCW relating to the
provision of records to the department of licensing in accordance with RCW 46.20.270 are not applicable to this chapter; and
(b) The provisions in chapter 46.63 RCW relating to the
imposition of sanctions against a person’s driver’s license or
vehicle license are not applicable to this chapter.
The form for the notice of infraction for a violation of
this subsection shall be prescribed by rule of the supreme
court.
(2) When violations of RCW 70.160.050 occur, a warning shall first be given to the owner or other person in charge.
Any subsequent violation is subject to a civil fine of up to one
hundred dollars. Each day upon which a violation occurs or
is permitted to continue constitutes a separate violation.
(3) Local health departments shall enforce RCW
70.160.050 regarding the duties of owners or persons in control of public places and places of employment by either of
the following actions:
(a) Serving notice requiring the correction of any violation; or
(b) Calling upon the city or town attorney or county
prosecutor or local health department attorney to maintain an
action for an injunction to enforce RCW 70.160.050, to correct a violation, and to assess and recover a civil penalty for
the violation. [2006 c 2 § 5 (Initiative Measure No. 901,
approved November 8, 2005); 1985 c 236 § 7.]
Captions not law—2006 c 2 (Initiative Measure No. 901): See note
following RCW 70.160.011.
70.160.075
70.160.075 Smoking prohibited within twenty-five
feet of public places or places of employment—Application to modify presumptively reasonable minimum distance. Smoking is prohibited within a presumptively reasonable minimum distance of twenty-five feet from entrances,
exits, windows that open, and ventilation intakes that serve
an enclosed area where smoking is prohibited so as to ensure
that tobacco smoke does not enter the area through entrances,
exits, open windows, or other means. Owners, operators,
managers, employers, or other persons who own or control a
public place or place of employment may seek to rebut the
presumption that twenty-five feet is a reasonable minimum
distance by making application to the director of the local
health department or district in which the public place or
place of employment is located. The presumption will be
(2006 Ed.)
70.162.010
rebutted if the applicant can show by clear and convincing
evidence that, given the unique circumstances presented by
the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke will not infiltrate or
reach the entrances, exits, open windows, or ventilation
intakes or enter into such public place or place of employment and, therefore, the public health and safety will be adequately protected by a lesser distance. [2006 c 2 § 6 (Initiative Measure No. 901, approved November 8, 2005).]
Captions not law—2006 c 2 (Initiative Measure No. 901): See note
following RCW 70.160.011.
70.160.080
70.160.080 Local regulations authorized. Local fire
departments or fire districts and local health departments may
adopt regulations as required to implement this chapter.
[1985 c 236 § 9.]
70.160.100 Penalty assessed under this chapter paid
to jurisdiction bringing action. Any penalty assessed and
recovered in an action brought under this chapter shall be
paid to the city or county bringing the action. [1985 c 236 §
8.]
70.160.100
Chapter 70.162 RCW
INDOOR AIR QUALITY IN PUBLIC BUILDINGS
Chapter 70.162
Sections
70.162.005
70.162.010
70.162.020
70.162.030
70.162.040
70.162.050
70.162.900
Finding—Intent.
Definitions.
Department duties.
State building code council duties.
Public agencies—Directive.
Superintendent of public instruction—Model program.
Severability—1989 c 315.
70.162.005
70.162.005 Finding—Intent. The legislature finds that
many Washington residents spend a significant amount of
their time working indoors and that exposure to indoor air
pollutants may occur in public buildings, schools, work
places, and other indoor environments. Scientific studies
indicate that pollutants common in the indoor air may include
radon, asbestos, volatile organic chemicals including formaldehyde and benzene, combustion byproducts including carbon monoxide, nitrogen oxides, and carbon dioxide, metals
and gases including lead, chlorine, and ozone, respirable particles, tobacco smoke, biological contaminants, micro-organisms, and other contaminants. In some circumstances, exposure to these substances may cause adverse health effects,
including respiratory illnesses, multiple chemical sensitivities, skin and eye irritations, headaches, and other related
symptoms. There is inadequate information about indoor air
quality within the state of Washington, including the sources
and nature of indoor air pollution.
The intent of the legislature is to develop a control strategy that will improve indoor air quality, provide for the evaluation of indoor air quality in public buildings, and encourage voluntary measures to improve indoor air quality. [1989
c 315 § 1.]
70.162.010
70.162.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
[Title 70 RCW—page 471]
70.162.020
Title 70 RCW: Public Health and Safety
(1) "Department" means the department of labor and
industries.
(2) "Public agency" means a state office, commission,
committee, bureau, or department.
(3) "Industry standard" means the 62-1981R standard
established by the American society of heating, refrigerating,
and air conditioning engineers as codified in M-1602 of the
building officials and code administrators international manual as of January 1, 1990. [1989 c 315 § 2.]
70.162.020
70.162.020 Department duties. The department shall,
in coordination with other appropriate state agencies:
(1) Recommend a policy for evaluation and prioritization of state-owned or leased buildings with respect to indoor
air quality;
(2) Recommend stronger workplace regulation of indoor
air quality under the Washington industrial safety and health
act;
(3) Review indoor air quality programs in public schools
administered by the superintendent of public instruction and
the department of social and health services;
(4) Provide educational and informational pamphlets or
brochures to state agencies on indoor air quality standards;
and
(5) Recommend to the legislature measures to implement the recommendations, if any, for the improvement of
indoor air quality in public buildings within a reasonable
period of time. [1989 c 315 § 3.]
(a) An initial evaluation by an indoor air quality expert
of the current indoor air quality in the school district. The
evaluation shall be completed within ninety days after the
beginning of the school year;
(b) Establishment of procedures to ensure the maintenance and operation of any ventilation and filtration system
used. These procedures shall be implemented within thirty
days of the initial evaluation;
(c) A reevaluation by an indoor air quality expert, to be
conducted approximately two hundred seventy days after the
initial evaluation; and
(d) The implementation of other procedures or plans that
the superintendent deems necessary to implement the model
program. [1998 c 245 § 116; 1989 c 315 § 6.]
70.162.900
70.162.900 Severability—1989 c 315. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 315 § 7.]
Chapter 70.164
Sections
70.164.010
70.164.020
70.164.030
70.164.040
70.162.030
70.162.030 State building code council duties. The
state building code council is directed to:
(1) Review the state building code to determine the adequacy of current mechanical ventilation and filtration standards prescribed by the state compared to the industry standard; and
(2) Make appropriate changes in the building code to
bring the state prescribed standards into conformity with the
industry standard. [1989 c 315 § 4.]
70.162.040
70.162.040 Public agencies—Directive. Public agencies are encouraged to:
(1) Evaluate the adequacy of mechanical ventilation and
filtration systems in light of the recommendations of the
American society of heating, refrigerating, and air conditioning engineers and the building officials and code administrators international; and
(2) Maintain and operate any mechanical ventilation and
filtration systems in a manner that allows for maximum operating efficiency consistent with the recommendations of the
American society of heating, refrigerating, and air conditioning engineers and the building officials and code administrators international. [1989 c 315 § 5.]
70.162.050
70.162.050 Superintendent of public instruction—
Model program. (1) The superintendent of public instruction may implement a model indoor air quality program in a
school district selected by the superintendent.
(2) The superintendent shall ensure that the model program includes:
[Title 70 RCW—page 472]
Chapter 70.164 RCW
LOW-INCOME RESIDENTIAL
WEATHERIZATION PROGRAM
70.164.050
70.164.060
70.164.070
70.164.900
Legislative findings.
Definitions.
Low-income weatherization assistance account.
Proposals for low-income weatherization programs—Matching funds.
Program compliance with laws and rules—Energy assessment
required.
Weatherization of leased or rented residences—Limitations.
Payments to low-income weatherization assistance account.
Severability—1987 c 36.
70.164.010
70.164.010 Legislative findings. The legislature finds
and declares that weatherization of the residences of lowincome households will help conserve energy resources in
this state and can reduce the need to obtain energy from more
costly conventional energy resources. The legislature also
finds that rising energy costs have made it difficult for lowincome citizens of the state to afford adequate fuel for residential space heat. Weatherization of residences will lower
energy consumption, making space heat more affordable for
persons in low-income households. It will also reduce the
uncollectible accounts of fuel suppliers resulting from lowincome customers not being able to pay fuel bills.
The program implementing the policy of this chapter is
necessary to support the poor and infirm and also to benefit
the health, safety, and general welfare of all citizens of the
state. [1987 c 36 § 1.]
70.164.020
70.164.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of community,
trade, and economic development.
(2) "Energy assessment" means an analysis of a dwelling
unit to determine the need for cost-effective energy conservation measures as determined by the department.
(2006 Ed.)
Low-Income Residential Weatherization Program
(3) "Household" means an individual or group of individuals living in a dwelling unit as defined by the department.
(4) "Low income" means household income that is at or
below one hundred twenty-five percent of the federally established poverty level.
(5) "Nonutility sponsor" means any sponsor other than a
public service company, municipality, public utility district,
mutual or cooperative, furnishing gas or electricity used to
heat low-income residences.
(6) "Residence" means a dwelling unit as defined by the
department.
(7) "Sponsor" means any entity that submits a proposal
under RCW 70.164.040, including but not limited to any
local community action agency, community service agency,
or any other participating agency or any public service company, municipality, public utility district, mutual or cooperative, or any combination of such entities that jointly submits
a proposal.
(8) "Sponsor match" means the share, if any, of the cost
of weatherization to be paid by the sponsor.
(9) "Weatherization" means materials or measures, and
their installation, that are used to improve the thermal efficiency of a residence.
(10) "Weatherizing agency" means any approved department grantee or any public service company, municipality,
public utility district, mutual or cooperative, or other entity
that bears the responsibility for ensuring the performance of
weatherization of residences under this chapter and has been
approved by the department. [1995 c 399 § 199; 1987 c 36 §
2.]
70.164.030 Low-income weatherization assistance
account. The low-income weatherization assistance account
is created in the state treasury. All moneys from the money
distributed to the state pursuant to Exxon v. United States,
561 F.Supp. 816 (1983), affirmed 773 F.2d 1240 (1985), or
any other oil overcharge settlements or judgments distributed
by the federal government, that are allocated to the lowincome weatherization assistance account shall be deposited
in the account. The department may accept such gifts, grants,
and endowments from public or private sources as may be
made from time to time, in trust or otherwise, and shall
deposit such funds in the account. Any moneys received from
sponsor match payments shall be deposited in the account.
The legislature may also appropriate moneys to the account.
Moneys in the account shall be spent pursuant to appropriation and only for the purposes and in the manner provided in
RCW 70.164.040. Any moneys appropriated that are not
spent by the department shall return to the account. [1991
sp.s. c 13 § 62; 1987 c 36 § 3.]
70.164.030
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
70.164.040
70.164.040 Proposals for low-income weatherization
programs—Matching funds. (1) The department shall
solicit proposals for low-income weatherization programs
from potential sponsors. A proposal shall state the amount of
the sponsor match, the amount requested from the lowincome weatherization assistance account, the name of the
weatherizing agency, and any other information required by
the department.
(2006 Ed.)
70.164.060
(2)(a) A sponsor may use its own moneys, including corporate or ratepayer moneys, or moneys provided by landlords, charitable groups, government programs, the Bonneville Power Administration, or other sources to pay the sponsor match.
(b) Moneys provided by a sponsor pursuant to requirements in this section shall be in addition to and shall not supplant any funding for low-income weatherization that would
otherwise have been provided by the sponsor or any other
entity enumerated in (a) of this subsection.
(c) No proposal may require any contribution as a condition of weatherization from any household whose residence
is weatherized under the proposal.
(d) Proposals shall provide that full levels of all costeffective structurally feasible measures, as determined by the
department, shall be installed when a low-income residence
is weatherized.
(3) The department may in its discretion accept, accept in
part, or reject proposals submitted. The department shall allocate funds appropriated from the low-income weatherization
assistance account among proposals accepted or accepted in
part so as to achieve the greatest possible expected monetary
and energy savings by low-income households and other
energy consumers and shall, to the extent feasible, ensure a
balance of participation in proportion to population among
low-income households for: (a) Geographic regions in the
state; (b) types of fuel used for heating; (c) owner-occupied
and rental residences; and (d) single-family and multifamily
dwellings. The department may allocate funds to a nonutility
sponsor without requiring a sponsor match if the department
determines that such an allocation is necessary to provide the
greatest benefits to low-income residents of the state.
(4)(a) A sponsor may elect to: (i) Pay a sponsor match as
a lump sum at the time of weatherization, or (ii) make yearly
payments to the low-income weatherization assistance
account over a period not to exceed ten years. If a sponsor
elects to make yearly payments, the value of the payments
shall not be less than the value of the lump sum payment that
would have been made under (i) of this subsection.
(b) The department may permit a sponsor to meet its
match requirement in whole or in part through providing
labor, materials, or other in-kind expenditures.
(5) The department shall adopt rules to carry out this section. [1987 c 36 § 4.]
70.164.050
70.164.050 Program compliance with laws and
rules—Energy assessment required. (1) The department is
responsible for ensuring that sponsors and weatherizing
agencies comply with the state laws, the department’s rules,
and the sponsor’s proposal in carrying out proposals.
(2) Before a residence is weatherized, the department
shall require that an energy assessment be conducted. [1987
c 36 § 5.]
70.164.060
70.164.060 Weatherization of leased or rented residences—Limitations. Before a leased or rented residence is
weatherized, written permission shall be obtained from the
owner of the residence for the weatherization. The department shall adopt rules to ensure that: (1) The benefits of
weatherization assistance in connection with a leased or
[Title 70 RCW—page 473]
70.164.070
Title 70 RCW: Public Health and Safety
rented residence accrue primarily to low-income tenants; (2)
as a result of weatherization provided under this chapter, the
rent on the residence is not increased and the tenant is not
evicted; and (3) as a result of weatherization provided under
this chapter, no undue or excessive enhancement occurs in
the value of the residence. This section is in the public interest and any violation by a landlord of the rules adopted under
this section shall be an act in trade or commerce violating
chapter 19.86 RCW, the consumer protection act. [1987 c 36
§ 6.]
70.164.070 Payments to low-income weatherization
assistance account. Payments to the low-income weatherization assistance account shall be treated, for purposes of
state law, as payments for energy conservation and shall be
eligible for any tax credits or deductions, equity returns, or
other benefits for which conservation investments are eligible. [1987 c 36 § 7.]
70.164.070
reduce costs and incidence of inappropriate and inadequate
trauma care and emergency medical service and minimize the
human suffering and costs associated with preventable mortality and morbidity;
(4) The goals and objectives of an emergency medical
services and trauma care system are to: (a) Pursue trauma
prevention activities to decrease the incidence of trauma; (b)
provide optimal care for the trauma victim; (c) prevent
unnecessary death and disability from trauma and emergency
illness; and (d) contain costs of trauma care and trauma system implementation; and
(5) In other parts of the United States where trauma care
systems have failed and trauma care centers have closed,
there is a direct relationship between such failures and closures and a lack of commitment to fair and equitable reimbursement for trauma care participating providers and system
overhead costs. [1990 c 269 § 1; 1988 c 183 § 1.]
70.168.015 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Communications system" means a radio and landline network which provides rapid public access, coordinated
central dispatching of services, and coordination of personnel, equipment, and facilities in an emergency medical services and trauma care system.
(2) "Emergency medical service" means medical treatment and care that may be rendered at the scene of any medical emergency or while transporting any patient in an ambulance to an appropriate medical facility, including ambulance
transportation between medical facilities.
(3) "Emergency medical services medical program
director" means a person who is an approved program director as defined by RCW 18.71.205(4).
(4) "Department" means the department of health.
(5) "Designation" means a formal determination by the
department that hospitals or health care facilities are capable
of providing designated trauma care services as authorized in
RCW 70.168.070.
(6) "Designated trauma care service" means a level I, II,
III, IV, or V trauma care service or level I, II, or III pediatric
trauma care service or level I, I-pediatric, II, or III traumarelated rehabilitative service.
(7) "Emergency medical services and trauma care system plan" means a statewide plan that identifies statewide
emergency medical services and trauma care objectives and
priorities and identifies equipment, facility, personnel, training, and other needs required to create and maintain a statewide emergency medical services and trauma care system.
The plan also includes a plan of implementation that identifies the state, regional, and local activities that will create,
operate, maintain, and enhance the system. The plan is formulated by incorporating the regional emergency medical
services and trauma care plans required under this chapter.
The plan shall be updated every two years and shall be made
available to the state board of health in sufficient time to be
considered in preparation of the biennial state health report
required in RCW 43.20.050.
(8) "Emergency medical services and trauma care planning and service regions" means geographic areas established
by the department under this chapter.
70.168.015
70.164.900
70.164.900 Severability—1987 c 36. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 36 § 9.]
Chapter 70.168
Chapter 70.168 RCW
STATEWIDE TRAUMA CARE SYSTEM
Sections
70.168.010
70.168.015
70.168.020
70.168.030
70.168.040
70.168.050
70.168.060
70.168.070
70.168.080
70.168.090
70.168.100
70.168.110
70.168.120
70.168.130
70.168.135
70.168.140
70.168.900
70.168.901
Legislative finding.
Definitions.
Steering committee—Composition—Appointment.
Analysis of state’s trauma system—Plan.
Emergency medical services and trauma care system trust
account.
Emergency medical services and trauma care system—
Department to establish—Rule making—Gifts.
Department duties—Timelines.
Provision of trauma care service—Designation.
Prehospital trauma care service—Verification—Compliance—Variance.
Statewide data registry—Quality assurance program—Confidentiality.
Regional emergency medical services and trauma care councils.
Planning and service regions.
Local and regional emergency medical services and trauma
care councils—Power and duties.
Disbursement of funds to regional emergency medical services
and trauma care councils—Grants to nonprofit agencies—
Purposes.
Grant program for designated trauma care services—Rules.
Prehospital provider liability.
Short title.
Severability—1990 c 269.
70.168.010
70.168.010 Legislative finding. The legislature finds
and declares that:
(1) Trauma is a severe health problem in the state of
Washington and a major cause of death;
(2) Presently, trauma care is very limited in many parts
of the state, and health care in rural areas is in transition with
the danger that some communities will be without emergency
medical care;
(3) It is in the best interest of the citizens of Washington
state to establish an efficient and well-coordinated statewide
emergency medical services and trauma care system to
[Title 70 RCW—page 474]
(2006 Ed.)
Statewide Trauma Care System
(9) "Facility patient care protocols" means the written
procedures adopted by the medical staff that direct the care of
the patient. These procedures shall be based upon the assessment of the patients’ medical needs. The procedures shall follow minimum statewide standards for trauma care services.
(10) "Hospital" means a facility licensed under chapter
70.41 RCW, or comparable health care facility operated by
the federal government or located and licensed in another
state.
(11) "Level I pediatric trauma care services" means pediatric trauma care services as established in RCW 70.168.060.
Hospitals providing level I services shall provide definitive,
comprehensive, specialized care for pediatric trauma patients
and shall also provide ongoing research and health care professional education in pediatric trauma care.
(12) "Level II pediatric trauma care services" means
pediatric trauma care services as established in RCW
70.168.060. Hospitals providing level II services shall provide initial stabilization and evaluation of pediatric trauma
patients and provide comprehensive general medicine and
surgical care to pediatric patients who can be maintained in a
stable or improving condition without the specialized care
available in the level I hospital. Complex surgeries and
research and health care professional education in pediatric
trauma care activities are not required.
(13) "Level III pediatric trauma care services" means
pediatric trauma care services as established in RCW
70.168.060. Hospitals providing level III services shall provide initial evaluation and stabilization of patients. The range
of pediatric trauma care services provided in level III hospitals are not as comprehensive as level I and II hospitals.
(14) "Level I rehabilitative services" means rehabilitative services as established in RCW 70.168.060. Facilities
providing level I rehabilitative services provide rehabilitative
treatment to patients with traumatic brain injuries, spinal cord
injuries, complicated amputations, and other diagnoses
resulting in functional impairment, with moderate to severe
impairment or complexity. These facilities serve as referral
facilities for facilities authorized to provide level II and III
rehabilitative services.
(15) "Level I-pediatric rehabilitative services" means
rehabilitative services as established in RCW 70.168.060.
Facilities providing level I-pediatric rehabilitative services
provide the same services as facilities authorized to provide
level I rehabilitative services except these services are exclusively for children under the age of fifteen years.
(16) "Level II rehabilitative services" means rehabilitative services as established in RCW 70.168.060. Facilities
providing level II rehabilitative services treat individuals
with musculoskeletal trauma, peripheral nerve lesions, lower
extremity amputations, and other diagnoses resulting in functional impairment in more than one functional area, with
moderate to severe impairment or complexity.
(17) "Level III rehabilitative services" means rehabilitative services as established in RCW 70.168.060. Facilities
providing level III rehabilitative services provide treatment to
individuals with musculoskeletal injuries, peripheral nerve
injuries, uncomplicated lower extremity amputations, and
other diagnoses resulting in functional impairment in more
than one functional area but with minimal to moderate
impairment or complexity.
(2006 Ed.)
70.168.015
(18) "Level I trauma care services" means trauma care
services as established in RCW 70.168.060. Hospitals providing level I services shall have specialized trauma care
teams and provide ongoing research and health care professional education in trauma care.
(19) "Level II trauma care services" means trauma care
services as established in RCW 70.168.060. Hospitals providing level II services shall be similar to those provided by
level I hospitals, although complex surgeries and research
and health care professional education activities are not
required to be provided.
(20) "Level III trauma care services" means trauma care
services as established in RCW 70.168.060. The range of
trauma care services provided by level III hospitals are not as
comprehensive as level I and II hospitals.
(21) "Level IV trauma care services" means trauma care
services as established in RCW 70.168.060.
(22) "Level V trauma care services" means trauma care
services as established in RCW 70.168.060. Facilities providing level V services shall provide stabilization and transfer of
all patients with potentially life-threatening injuries.
(23) "Patient care procedures" means written operating
guidelines adopted by the regional emergency medical services and trauma care council, in consultation with local
emergency medical services and trauma care councils, emergency communication centers, and the emergency medical
services medical program director, in accordance with minimum statewide standards. The patient care procedures shall
identify the level of medical care personnel to be dispatched
to an emergency scene, procedures for triage of patients, the
level of trauma care facility to first receive the patient, and
the name and location of other trauma care facilities to
receive the patient should an interfacility transfer be necessary. Procedures on interfacility transfer of patients shall be
consistent with the transfer procedures required in chapter
70.170 RCW.
(24) "Pediatric trauma patient" means trauma patients
known or estimated to be less than fifteen years of age.
(25) "Prehospital" means emergency medical care or
transportation rendered to patients prior to hospital admission
or during interfacility transfer by licensed ambulance or aid
service under chapter 18.73 RCW, by personnel certified to
provide emergency medical care under chapters 18.71 and
18.73 RCW, or by facilities providing level V trauma care
services as provided for in this chapter.
(26) "Prehospital patient care protocols" means the written procedures adopted by the emergency medical services
medical program director that direct the out-of-hospital emergency care of the emergency patient which includes the
trauma patient. These procedures shall be based upon the
assessment of the patients’ medical needs and the treatment
to be provided for serious conditions. The procedures shall
meet or exceed statewide minimum standards for trauma and
other prehospital care services.
(27) "Rehabilitative services" means a formal program
of multidisciplinary, coordinated, and integrated services for
evaluation, treatment, education, and training to help individuals with disabling impairments achieve and maintain optimal functional independence in physical, psychosocial,
social, vocational, and avocational realms. Rehabilitation is
indicated for the trauma patient who has sustained neurologic
[Title 70 RCW—page 475]
70.168.020
Title 70 RCW: Public Health and Safety
or musculoskeletal injury and who needs physical or cognitive intervention to return to home, work, or society.
(28) "Secretary" means the secretary of the department
of health.
(29) "Trauma" means a major single or multisystem
injury requiring immediate medical or surgical intervention
or treatment to prevent death or permanent disability.
(30) "Trauma care system" means an organized approach
to providing care to trauma patients that provides personnel,
facilities, and equipment for effective and coordinated
trauma care. The trauma care system shall: Identify facilities
with specific capabilities to provide care, triage trauma victims at the scene, and require that all trauma victims be sent
to an appropriate trauma facility. The trauma care system
includes prevention, prehospital care, hospital care, and rehabilitation.
(31) "Triage" means the sorting of patients in terms of
disposition, destination, or priority. Triage of prehospital
trauma victims requires identifying injury severity so that the
appropriate care level can be readily assessed according to
patient care guidelines.
(32) "Verification" means the identification of prehospital providers who are capable of providing verified trauma
care services and shall be a part of the licensure process
required in chapter 18.73 RCW.
(33) "Verified trauma care service" means prehospital
service as provided for in RCW 70.168.080, and identified in
the regional emergency medical services and trauma care
plan as required by RCW 70.168.100. [1990 c 269 § 4.]
70.168.020 Steering committee—Composition—
Appointment. (1) There is hereby created an emergency
medical services and trauma care steering committee composed of representatives of individuals knowledgeable in
emergency medical services and trauma care, including
emergency medical providers such as physicians, nurses,
hospital personnel, emergency medical technicians, paramedics, ambulance services, a member of the emergency
medical services licensing and certification advisory committee, local government officials, state officials, consumers,
and persons affiliated professionally with health science
schools. The governor shall appoint members of the steering
committee. Members shall be appointed for a period of three
years. The department shall provide administrative support to
the committee. All appointive members of the committee, in
the performance of their duties, may be entitled to receive
travel expenses as provided in RCW 43.03.050 and
43.03.060. The governor may remove members from the
committee who have three unexcused absences from committee meetings. The governor shall fill any vacancies of the
committee in a timely manner. The terms of those members
representing the same field shall not expire at the same time.
The committee shall elect a chair and a vice-chair whose
terms of office shall be for one year each. The chair shall be
ineligible for reelection after serving four consecutive terms.
The committee shall meet on call by the governor, the
secretary, or the chair.
(2) The emergency medical services and trauma care
steering committee shall:
(a) Advise the department regarding emergency medical
services and trauma care needs throughout the state.
70.168.020
[Title 70 RCW—page 476]
(b) Review the regional emergency medical services and
trauma care plans and recommend changes to the department
before the department adopts the plans.
(c) Review proposed departmental rules for emergency
medical services and trauma care.
(d) Recommend modifications in rules regarding emergency medical services and trauma care. [2000 c 93 § 20;
1990 c 269 § 5; 1988 c 183 § 2.]
70.168.030
70.168.030 Analysis of state’s trauma system—Plan.
(1) Upon the recommendation of the steering committee, the
director of the office of financial management shall contract
with an independent party for an analysis of the state’s
trauma system.
(2) The analysis shall contain at a minimum, the following:
(a) The identification of components of a functional
statewide trauma care system, including standards; and
(b) An assessment of the current trauma care program
compared with the functional statewide model identified in
subsection (a) of this section, including an analysis of deficiencies and reasons for the deficiencies.
(3) The analysis shall provide a design for a statewide
trauma care system based on the findings of the committee
under subsection (2) of this section, with a plan for phased-in
implementation. The plan shall include, at a minimum, the
following:
(a) Responsibility for implementation;
(b) Administrative authority at the state, regional, and
local levels;
(c) Facility, equipment, and personnel standards;
(d) Triage and care criteria;
(e) Data collection and use;
(f) Cost containment strategies;
(g) System evaluation; and
(h) Projected costs. [1998 c 245 § 117; 1988 c 183 § 3.]
70.168.040
70.168.040 Emergency medical services and trauma
care system trust account. The emergency medical services
and trauma care system trust account is hereby created in the
state treasury. Moneys shall be transferred to the emergency
medical services and trauma care system trust account from
the public safety education account or other sources as appropriated, and as collected under RCW *46.63.110(6) and
46.12.042. Disbursements shall be made by the department
subject to legislative appropriation. Expenditures may be
made only for the purposes of the state trauma care system
under this chapter, including emergency medical services,
trauma care services, rehabilitative services, and the planning
and development of related services under this chapter and
for reimbursement by the department of social and health services for trauma care services provided by designated trauma
centers. During the 2001-2003 fiscal biennium, the legislature may transfer from the emergency medical services and
trauma care system trust account to the state general fund
such amounts as reflect the excess fund balance of the
account. [2002 c 371 § 922; 1997 c 331 § 2; 1990 c 269 § 17;
1988 c 183 § 4.]
*Reviser’s note: RCW 46.63.110 was amended by 2002 c 279 § 15,
changing subsection (6) to subsection (7).
(2006 Ed.)
Statewide Trauma Care System
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Effective date—1997 c 331: See note following RCW 70.168.135.
70.168.050
70.168.050 Emergency medical services and trauma
care system—Department to establish—Rule making—
Gifts. (1) The department, in consultation with, and having
solicited the advice of, the emergency medical services and
trauma care steering committee, shall establish the Washington state emergency medical services and trauma care system.
(2) The department shall adopt rules consistent with this
chapter to carry out the purpose of this chapter. All rules shall
be adopted in accordance with chapter 34.05 RCW. All rules
and procedures adopted by the department shall minimize
paperwork and compliance requirements for facilities and
other participants. The department shall assure an opportunity for consultation, review, and comment by the public and
providers of emergency medical services and trauma care
before adoption of rules. When developing rules to implement this chapter the department shall consider the report of
the Washington state trauma project established under chapter 183, Laws of 1988. Nothing in this chapter requires the
department to follow any specific recommendation in that
report except as it may also be included in this chapter.
(3) The department may apply for, receive, and accept
gifts and other payments, including property and service,
from any governmental or other public or private entity or
person, and may make arrangements as to the use of these
receipts, including any activities related to the design, maintenance, or enhancements of the emergency medical services
and trauma care system in the state. The department shall
make available upon request to the appropriate legislative
committees information concerning the source, amount, and
use of such gifts or payments. [1990 c 269 § 3.]
70.168.060
70.168.060 Department duties—Timelines. The
department, in consultation with and having solicited the
advice of the emergency medical services and trauma care
steering committee, shall:
(1) Establish the following on a statewide basis:
(a) By September 1990, minimum standards for facility,
equipment, and personnel for level I, II, III, IV, and V trauma
care services;
(b) By September 1990, minimum standards for facility,
equipment, and personnel for level I, I-pediatric, II, and III
trauma-related rehabilitative services;
(c) By September 1990, minimum standards for facility,
equipment, and personnel for level I, II, and III pediatric
trauma care services;
(d) By September 1990, minimum standards required for
verified prehospital trauma care services, including equipment and personnel;
(e) Personnel training requirements and programs for
providers of trauma care. The department shall design programs which are accessible to rural providers including onsite training;
(f) Statewide emergency medical services and trauma
care system objectives and priorities;
(2006 Ed.)
70.168.060
(g) Minimum standards for the development of facility
patient care protocols and prehospital patient care protocols
and patient care procedures;
(h) By July 1991, minimum standards for an effective
emergency medical communication system;
(i) Minimum standards for an effective emergency medical services transportation system; and
(j) By July 1991, establish a program for emergency
medical services and trauma care research and development;
(2) Establish statewide standards, personnel training
requirements and programs, system objectives and priorities,
protocols and guidelines as required in subsection (1) of this
section, by utilizing those standards adopted in the report of
the Washington trauma advisory committee as authorized by
chapter 183, Laws of 1988. In establishing standards for level
IV or V trauma care services the department may adopt similar standards adopted for services provided in rural health
care facilities authorized in chapter 70.175 RCW. The department may modify standards, personnel training requirements
and programs, system objectives and priorities, and guidelines in rule if the department determines that such modifications are necessary to meet federal and other state requirements or are essential to allow the department and others to
establish the system or should it determine that public health
considerations or efficiencies in the delivery of emergency
medical services and trauma care warrant such modifications;
(3) Designate emergency medical services and trauma
care planning and service regions as provided for in this
chapter;
(4) By July 1, 1992, establish the minimum and maximum number of hospitals and health care facilities in the state
and within each emergency medical services and trauma care
planning and service region that may provide designated
trauma care services based upon approved regional emergency medical services and trauma care plans;
(5) By July 1, 1991, establish the minimum and maximum number of prehospital providers in the state and within
each emergency medical services and trauma care planning
and service region that may provide verified trauma care services based upon approved regional emergency medical services and trauma care plans;
(6) By July 1993, begin the designation of hospitals and
health care facilities to provide designated trauma care services in accordance with needs identified in the statewide
emergency medical services and trauma care plan;
(7) By July 1990, adopt a format for submission of the
regional plans to the department;
(8) By July 1991, begin the review and approval of
regional emergency medical services and trauma care plans;
(9) By July 1992, prepare regional plans for those
regions that do not submit a regional plan to the department
that meets the requirements of this chapter;
(10) By October 1992, prepare and implement the statewide emergency medical services and trauma care system
plan incorporating the regional plans;
(11) Coordinate the statewide emergency medical services and trauma care system to assure integration and
smooth operation between the regions;
(12) Facilitate coordination between the emergency
medical services and trauma care steering committee and the
[Title 70 RCW—page 477]
70.168.070
Title 70 RCW: Public Health and Safety
emergency medical services licensing and certification advisory committee;
(13) Monitor the statewide emergency medical services
and trauma care system;
(14) Conduct a study of all costs, charges, expenses, and
levels of reimbursement associated with providers of trauma
care services, and provide its findings and any recommendations regarding adequate and equitable reimbursement to
trauma care providers to the legislature by July 1, 1991;
(15) Monitor the level of public and private payments
made on behalf of trauma care patients to determine whether
health care providers have been adequately reimbursed for
the costs of care rendered such persons;
(16) By July 1991, design and establish the statewide
trauma care registry as authorized in RCW 70.168.090 to (a)
assess the effectiveness of emergency medical services and
trauma care delivery, and (b) modify standards and other system requirements to improve the provision of emergency
medical services and trauma care;
(17) By July 1991, develop patient outcome measures to
assess the effectiveness of emergency medical services and
trauma care in the system;
(18) By July 1993, develop standards for regional emergency medical services and trauma care quality assurance
programs required in RCW 70.168.090;
(19) Administer funding allocated to the department for
the purpose of creating, maintaining, or enhancing the statewide emergency medical services and trauma care system;
and
(20) By October 1990, begin coordination and development of trauma prevention and education programs. [1990 c
269 § 8.]
70.168.070 Provision of trauma care service—Designation. Any hospital or health care facility that desires to be
authorized to provide a designated trauma care service shall
request designation from the department. Designation
involves a contractual relationship between the state and a
hospital or health care facility whereby each agrees to maintain a level of commitment and resources sufficient to meet
responsibilities and standards required by the statewide emergency medical services and trauma care system plan. By January 1992, the department shall determine by rule the manner
and form of such requests. Upon receiving a request, the
department shall review the request to determine whether the
hospital or health care facility is in compliance with standards for the trauma care service or services for which designation is desired. If requests are received from more than one
hospital or health care facility within the same emergency
medical planning and trauma care planning and service
region, the department shall select the most qualified applicant or applicants to be selected through a competitive process. Any applicant not designated may request a hearing to
review the decision.
Designations are valid for a period of three years and are
renewable upon receipt of a request for renewal prior to expiration from the hospital or health care facility. When an
authorization for designation is due for renewal other hospitals and health care facilities in the area may also apply and
compete for designation. Regional emergency medical and
trauma care councils shall be notified promptly of designated
70.168.070
[Title 70 RCW—page 478]
hospitals and health care facilities in their region so they may
incorporate them into the regional plan as required by this
chapter. The department may revoke or suspend the designation should it determine that the hospital or health care facility is substantially out of compliance with the standards and
has refused or been unable to comply after a reasonable
period of time has elapsed. The department shall promptly
notify the regional emergency medical and trauma care planning and service region of suspensions or revocations. Any
facility whose designation has been revoked or suspended
may request a hearing to review the action by the department
as provided for in chapter 34.05 RCW.
As a part of the process to designate and renew the designation of hospitals authorized to provide level I, II, or III
trauma care services or level I, II, and III pediatric trauma
care services, the department shall contract for on-site
reviews of such hospitals to determine compliance with
required standards. The department may contract for on-site
reviews of hospitals and health care facilities authorized to
provide level IV or V trauma care services or level I, I-pediatric, II, or III trauma-related rehabilitative services to determine compliance with required standards. Members of onsite review teams and staff included in site visits are exempt
from chapter 42.56 RCW. They may not divulge and cannot
be subpoenaed to divulge information obtained or reports
written pursuant to this section in any civil action, except,
after in camera review, pursuant to a court order which provides for the protection of sensitive information of interested
parties including the department: (1) In actions arising out of
the department’s designation of a hospital or health care
facility pursuant to this section; (2) in actions arising out of
the department’s revocation or suspension of designation status of a hospital or health care facility under this section; or
(3) in actions arising out of the restriction or revocation of the
clinical or staff privileges of a health care provider as defined
in RCW 7.70.020 (1) and (2), subject to any further restrictions on disclosure in RCW 4.24.250 that may apply. Information that identifies individual patients shall not be publicly
disclosed without the patient’s consent. When a facility
requests designation for more than one service, the department may coordinate the joint consideration of such requests.
The department may establish fees to help defray the
costs of this section, though such fees shall not be assessed to
health care facilities authorized to provide level IV and V
trauma care services.
This section shall not restrict the authority of a hospital
or a health care provider licensed under Title 18 RCW to provide services which it has been authorized to provide by state
law. [2005 c 274 § 343; 1990 c 269 § 9.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
70.168.080
70.168.080 Prehospital trauma care service—Verification—Compliance—Variance. (1) Any provider desiring to provide a verified prehospital trauma care service shall
indicate on the licensing application how they meet the standards required for verification as a provider of this service.
The department shall notify the regional emergency medical
services and trauma care councils of the providers of verified
trauma care services in their regions. The department may
(2006 Ed.)
Statewide Trauma Care System
conduct on-site reviews of prehospital providers to assess
compliance with the applicable standards.
(2) Should the department determine that a prehospital
provider is substantially out of compliance with the standards, the department shall notify the regional emergency
medical services and trauma care council. If the failure of a
prehospital provider to comply with the applicable standards
results in the region being out of compliance with its regional
plan, the council shall take such steps necessary to assure the
region is brought into compliance within a reasonable period
of time. The council may seek assistance and funding from
the department and others to provide training or grants necessary to bring a prehospital provider into compliance. The
council may appeal to the department for modification of the
regional plan if it is unable to assure continued compliance
with the regional plan. The department may authorize modification of the plan if such modifications meet the requirements of this chapter. The department may suspend or revoke
the authorization of a prehospital provider to provide a verified prehospital service if the provider has refused or been
unable to comply after a reasonable period of time has
elapsed. The council shall be notified promptly of any revocations or suspensions. Any prehospital provider whose verification has been suspended or revoked may request a hearing
to review the action by the department as provided for in
chapter 34.05 RCW.
(3) The department may grant a variance from provisions
of this section if the department determines: (a) That no detriment to public health and safety will result from the variance, and (b) compliance with provisions of this section will
cause a reduction or loss of existing prehospital services.
Variances may be granted for a period not to exceed one year.
A variance may be renewed by the department. If a renewal
is granted, a plan of compliance shall be prepared specifying
steps necessary to bring a provider or region into compliance
and expected date of compliance.
(4) This section shall not restrict the authority of a provider licensed under Title 18 RCW to provide services which
it has been authorized to provide by state law. [1990 c 269 §
10.]
70.168.090
70.168.090 Statewide data registry—Quality assurance program—Confidentiality. (1) By July 1991, the
department shall establish a statewide data registry to collect
and analyze data on the incidence, severity, and causes of
trauma, including traumatic brain injury. The department
shall collect additional data on traumatic brain injury should
additional data requirements be enacted by the legislature.
The registry shall be used to improve the availability and
delivery of prehospital and hospital trauma care services.
Specific data elements of the registry shall be defined by rule
by the department. To the extent possible, the department
shall coordinate data collection from hospitals for the trauma
registry with the health care data system authorized in chapter 70.170 RCW. Every hospital, facility, or health care provider authorized to provide level I, II, III, IV, or V trauma
care services, level I, II, or III pediatric trauma care services,
level I, level I-pediatric, II, or III trauma-related rehabilitative
services, and prehospital trauma-related services in the state
shall furnish data to the registry. All other hospitals and pre(2006 Ed.)
70.168.100
hospital providers shall furnish trauma data as required by the
department by rule.
The department may respond to requests for data and
other information from the registry for special studies and
analysis consistent with requirements for confidentiality of
patient and quality assurance records. The department may
require requestors to pay any or all of the reasonable costs
associated with such requests that might be approved.
(2) By January 1994, in each emergency medical services and trauma care planning and service region, a regional
emergency medical services and trauma care systems quality
assurance program shall be established by those facilities
authorized to provide levels I, II, and III trauma care services.
The systems quality assurance program shall evaluate trauma
care delivery, patient care outcomes, and compliance with the
requirements of this chapter. The emergency medical services medical program director and all other health care providers and facilities who provide trauma care services within
the region shall be invited to participate in the regional emergency medical services and trauma care quality assurance
program.
(3) Data elements related to the identification of individual patient’s, provider’s and facility’s care outcomes shall be
confidential, shall be exempt from RCW 42.56.030 through
42.56.570 and 42.17.350 through 42.17.450, and shall not be
subject to discovery by subpoena or admissible as evidence.
(4) Patient care quality assurance proceedings, records,
and reports developed pursuant to this section are confidential, exempt from chapter 42.56 RCW, and are not subject to
discovery by subpoena or admissible as evidence. In any
civil action, except, after in camera review, pursuant to a
court order which provides for the protection of sensitive
information of interested parties including the department:
(a) In actions arising out of the department’s designation of a
hospital or health care facility pursuant to RCW 70.168.070;
(b) in actions arising out of the department’s revocation or
suspension of designation status of a hospital or health care
facility under RCW 70.168.070; or (c) in actions arising out
of the restriction or revocation of the clinical or staff privileges of a health care provider as defined in RCW 7.70.020
(1) and (2), subject to any further restrictions on disclosure in
RCW 4.24.250 that may apply. Information that identifies
individual patients shall not be publicly disclosed without the
patient’s consent. [2005 c 274 § 344; 1990 c 269 § 11.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
70.168.100
70.168.100 Regional emergency medical services and
trauma care councils. Regional emergency medical services and trauma care councils are established. The councils
shall:
(1) By June 1990, begin the development of regional
emergency medical services and trauma care plans to:
(a) Assess and analyze regional emergency medical services and trauma care needs;
(b) Identify personnel, agencies, facilities, equipment,
training, and education to meet regional and local needs;
(c) Identify specific activities necessary to meet statewide standards and patient care outcomes and develop a plan
of implementation for regional compliance;
[Title 70 RCW—page 479]
70.168.110
Title 70 RCW: Public Health and Safety
(d) Establish and review agreements with regional providers necessary to meet state standards;
(e) Establish agreements with providers outside the
region to facilitate patient transfer;
(f) Include a regional budget;
(g) Establish the number and level of facilities to be designated which are consistent with state standards and based
upon availability of resources and the distribution of trauma
within the region;
(h) Identify the need for and recommend distribution and
level of care of prehospital services to assure adequate availability and avoid inefficient duplication and lack of coordination of prehospital services within the region; and
(i) Include other specific elements defined by the department;
(2) By June 1991, begin the submission of the regional
emergency services and trauma care plan to the department;
(3) Advise the department on matters relating to the
delivery of emergency medical services and trauma care
within the region;
(4) Provide data required by the department to assess the
effectiveness of the emergency medical services and trauma
care system;
(5) May apply for, receive, and accept gifts and other
payments, including property and service, from any governmental or other public or private entity or person, and may
make arrangements as to the use of these receipts, including
any activities related to the design, maintenance, or enhancements of the emergency medical services and trauma care
system in the region. The councils shall report in the regional
budget the amount, source, and purpose of all gifts and payments. [1990 c 269 § 13.]
70.168.110
70.168.110 Planning and service regions. The department shall designate at least eight emergency medical services and trauma care planning and service regions so that all
parts of the state are within such an area. These regional designations are to be made on the basis of efficiency of delivery
of needed emergency medical services and trauma care.
[1990 c 269 § 14; 1987 c 214 § 4; 1973 1st ex.s. c 208 § 6.
Formerly RCW 18.73.060.]
70.168.120
70.168.120 Local and regional emergency medical
services and trauma care councils—Power and duties. (1)
A county or group of counties may create a local emergency
medical services and trauma care council composed of representatives of hospital and prehospital trauma care and emergency medical services providers, local elected officials, consumers, local law enforcement officials, and local government agencies involved in the delivery of emergency medical
services and trauma care.
(2) The department shall establish regional emergency
medical services and trauma care councils and shall appoint
members to be comprised of a balance of hospital and prehospital trauma care and emergency medical services providers,
local elected officials, consumers, local law enforcement representatives, and local government agencies involved in the
delivery of trauma care and emergency medical services recommended by the local emergency medical services and
trauma care councils within the region.
[Title 70 RCW—page 480]
(3) Local emergency medical services and trauma care
councils shall review, evaluate, and provide recommendations to the regional emergency medical services and trauma
care council regarding the provision of emergency medical
services and trauma care in the region, and provide recommendations to the regional emergency medical services and
trauma care councils on the plan for emergency medical services and trauma care. [1990 c 269 § 15; 1987 c 214 § 6;
1983 c 112 § 8. Formerly RCW 18.73.073.]
70.168.130
70.168.130 Disbursement of funds to regional emergency medical services and trauma care councils—
Grants to nonprofit agencies—Purposes. (1) The department, with the assistance of the emergency medical services
and trauma care steering committee, shall adopt a program
for the disbursement of funds for the development, implementation, and enhancement of the emergency medical services and trauma care system. Under the program, the department shall disburse funds to each emergency medical services and trauma care regional council, or their chosen fiscal
agent or agents, which shall be city or county governments,
stipulating the purpose for which the funds shall be
expended. The regional emergency medical services and
trauma care council shall use such funds to make available
matching grants in an amount not to exceed fifty percent of
the cost of the proposal for which the grant is made; provided,
the department may waive or modify the matching requirement if it determines insufficient local funding exists and the
public health and safety would be jeopardized if the proposal
were not funded. Grants shall be made to any public or private nonprofit agency which, in the judgment of the regional
emergency medical services and trauma care council, will
best fulfill the purpose of the grant.
(2) Grants may be awarded for any of the following purposes:
(a) Establishment and initial development of an emergency medical services and trauma care system;
(b) Expansion and improvement of an emergency medical services and trauma care system;
(c) Purchase of equipment for the operation of an emergency medical services and trauma care system;
(d) Training and continuing education of emergency
medical and trauma care personnel; and
(e) Department approved research and development
activities pertaining to emergency medical services and
trauma care.
(3) Any emergency medical services agency or trauma
care provider which receives a grant shall stipulate that it
will:
(a) Operate in accordance with applicable provisions and
standards required under this chapter;
(b) Provide, without prior inquiry as to ability to pay,
emergency medical and trauma care to all patients requiring
such care; and
(c) Be consistent with applicable provisions of the
regional emergency medical services and trauma care plan
and the statewide emergency medical services and trauma
care system plan. [1990 c 269 § 16; 1987 c 214 § 8; 1979
ex.s. c 261 § 8. Formerly RCW 18.73.085.]
(2006 Ed.)
Health Data and Charity Care
70.168.135 Grant program for designated trauma
care services—Rules. The department shall establish by
rule a grant program for designated trauma care services. The
grants shall be made from the emergency medical services
and trauma care system trust account and shall require
regional matching funds. The trust account funds and
regional match shall be in a seventy-five to twenty-five percent ratio. [1997 c 331 § 1.]
70.168.135
Effective date—1997 c 331: "Sections 1 through 8 of this act take
effect January 1, 1998." [1997 c 331 § 11.]
70.168.140 Prehospital provider liability. (1) No act
or omission of any prehospital provider done or omitted in
good faith while rendering emergency medical services in
accordance with the approved regional plan shall impose any
liability upon that provider.
(2) This section does not apply to the commission or
omission of an act which is not within the field of the medical
expertise of the provider.
(3) This section does not relieve a provider of any duty
otherwise imposed by law.
(4) This section does not apply to any act or omission
which constitutes gross negligence or willful or wanton misconduct.
(5) This section applies in addition to provisions already
established in RCW 18.71.210. [1990 c 269 § 26.]
70.168.140
70.168.900 Short title. This chapter shall be known and
cited as the "statewide emergency medical services and
trauma care system act." [1990 c 269 § 2.]
70.168.900
70.168.901
70.168.901 Severability—1990 c 269. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 269 § 30.]
Chapter 70.170
Chapter 70.170 RCW
HEALTH DATA AND CHARITY CARE
Sections
70.170.010
70.170.020
70.170.050
70.170.060
70.170.070
70.170.080
70.170.090
70.170.900
70.170.905
Intent.
Definitions.
Requested studies—Costs.
Charity care—Prohibited and required hospital practices and
policies—Rules—Department to monitor and report.
Penalties.
Assessments—Costs.
Confidentiality.
Effective date—1989 1st ex.s. c 9.
Severability—1989 1st ex.s. c 9.
Hospital discharge data—Financial reports—Data retrieval—American
Indian health data: RCW 43.70.052.
70.170.010 Intent. (1) The legislature finds and
declares that there is a need for health care information that
helps the general public understand health care issues and
how they can be better consumers and that is useful to purchasers, payers, and providers in making health care choices
and negotiating payments. It is the purpose and intent of this
chapter to establish a hospital data collection, storage, and
retrieval system which supports these data needs and which
also provides public officials and others engaged in the
70.170.010
(2006 Ed.)
70.170.060
development of state health policy the information necessary
for the analysis of health care issues.
(2) The legislature finds that rising health care costs and
access to health care services are of vital concern to the people of this state. It is, therefore, essential that strategies be
explored that moderate health care costs and promote access
to health care services.
(3) The legislature further finds that access to health care
is among the state’s goals and the provision of such care
should be among the purposes of health care providers and
facilities. Therefore, the legislature intends that charity care
requirements and related enforcement provisions for hospitals be explicitly established.
(4) The lack of reliable statistical information about the
delivery of charity care is a particular concern that should be
addressed. It is the purpose and intent of this chapter to
require hospitals to provide, and report to the state, charity
care to persons with acute care needs, and to have a state
agency both monitor and report on the relative commitment
of hospitals to the delivery of charity care services, as well as
the relative commitment of public and private purchasers or
payers to charity care funding. [1989 1st ex.s. c 9 § 501.]
70.170.020 Definitions. As used in this chapter:
(1) "Department" means department of health.
(2) "Hospital" means any health care institution which is
required to qualify for a license under *RCW 70.41.020(2);
or as a psychiatric hospital under chapter 71.12 RCW.
(3) "Secretary" means secretary of health.
(4) "Charity care" means necessary hospital health care
rendered to indigent persons, to the extent that the persons are
unable to pay for the care or to pay deductibles or co-insurance amounts required by a third-party payer, as determined
by the department.
(5) "Sliding fee schedule" means a hospital-determined,
publicly available schedule of discounts to charges for persons deemed eligible for charity care; such schedules shall be
established after consideration of guidelines developed by the
department.
(6) "Special studies" means studies which have not been
funded through the department’s biennial or other legislative
appropriations. [1995 c 269 § 2203; 1989 1st ex.s. c 9 § 502.]
70.170.020
*Reviser’s note: RCW 70.41.020 was amended by 2002 c 116 § 2,
changing subsection (2) to subsection (4).
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
70.170.050 Requested studies—Costs. The department shall have the authority to respond to requests of others
for special studies or analysis. The department may require
such sponsors to pay any or all of the reasonable costs associated with such requests that might be approved, but in no
event may costs directly associated with any such special
study be charged against the funds generated by the assessment authorized under RCW 70.170.080. [1989 1st ex.s. c 9
§ 505.]
70.170.050
70.170.060 Charity care—Prohibited and required
hospital practices and policies—Rules—Department to
monitor and report. (1) No hospital or its medical staff
70.170.060
[Title 70 RCW—page 481]
70.170.070
Title 70 RCW: Public Health and Safety
shall adopt or maintain admission practices or policies which
result in:
(a) A significant reduction in the proportion of patients
who have no third-party coverage and who are unable to pay
for hospital services;
(b) A significant reduction in the proportion of individuals admitted for inpatient hospital services for which payment
is, or is likely to be, less than the anticipated charges for or
costs of such services; or
(c) The refusal to admit patients who would be expected
to require unusually costly or prolonged treatment for reasons
other than those related to the appropriateness of the care
available at the hospital.
(2) No hospital shall adopt or maintain practices or policies which would deny access to emergency care based on
ability to pay. No hospital which maintains an emergency
department shall transfer a patient with an emergency medical condition or who is in active labor unless the transfer is
performed at the request of the patient or is due to the limited
medical resources of the transferring hospital. Hospitals must
follow reasonable procedures in making transfers to other
hospitals including confirmation of acceptance of the transfer
by the receiving hospital.
(3) The department shall develop definitions by rule, as
appropriate, for subsection (1) of this section and, with reference to federal requirements, subsection (2) of this section.
The department shall monitor hospital compliance with subsections (1) and (2) of this section. The department shall
report individual instances of possible noncompliance to the
state attorney general or the appropriate federal agency.
(4) The department shall establish and maintain by rule,
consistent with the definition of charity care in RCW
70.170.020, the following:
(a) Uniform procedures, data requirements, and criteria
for identifying patients receiving charity care;
(b) A definition of residual bad debt including reasonable and uniform standards for collection procedures to be
used in efforts to collect the unpaid portions of hospital
charges that are the patient’s responsibility.
(5) For the purpose of providing charity care, each hospital shall develop, implement, and maintain a charity care
policy which, consistent with subsection (1) of this section,
shall enable people below the federal poverty level access to
appropriate hospital-based medical services, and a sliding fee
schedule for determination of discounts from charges for persons who qualify for such discounts by January 1, 1990. The
department shall develop specific guidelines to assist hospitals in setting sliding fee schedules required by this section.
All persons with family income below one hundred percent
of the federal poverty standard shall be deemed charity care
patients for the full amount of hospital charges, provided that
such persons are not eligible for other private or public health
coverage sponsorship. Persons who may be eligible for charity care shall be notified by the hospital.
(6) Each hospital shall make every reasonable effort to
determine the existence or nonexistence of private or public
sponsorship which might cover in full or part the charges for
care rendered by the hospital to a patient; the family income
of the patient as classified under federal poverty income
guidelines; and the eligibility of the patient for charity care as
defined in this chapter and in accordance with hospital pol[Title 70 RCW—page 482]
icy. An initial determination of sponsorship status shall precede collection efforts directed at the patient.
(7) The department shall monitor the distribution of
charity care among hospitals, with reference to factors such
as relative need for charity care in hospital service areas and
trends in private and public health coverage. The department
shall prepare reports that identify any problems in distribution which are in contradiction of the intent of this chapter.
The report shall include an assessment of the effects of the
provisions of this chapter on access to hospital and health
care services, as well as an evaluation of the contribution of
all purchasers of care to hospital charity care.
(8) The department shall issue a report on the subjects
addressed in this section at least annually, with the first report
due on July 1, 1990. [1998 c 245 § 118; 1989 1st ex.s. c 9 §
506.]
70.170.070
70.170.070 Penalties. (1) Every person who shall violate or knowingly aid and abet the violation of RCW
70.170.060 (5) or (6), 70.170.080, or *70.170.100, or any
valid orders or rules adopted pursuant to these sections, or
who fails to perform any act which it is herein made his or her
duty to perform, shall be guilty of a misdemeanor. Following
official notice to the accused by the department of the existence of an alleged violation, each day of noncompliance upon
which a violation occurs shall constitute a separate violation.
Any person violating the provisions of this chapter may be
enjoined from continuing such violation. The department has
authority to levy civil penalties not exceeding one thousand
dollars for violations of this chapter and determined pursuant
to this section.
(2) Every person who shall violate or knowingly aid and
abet the violation of RCW 70.170.060 (1) or (2), or any valid
orders or rules adopted pursuant to such section, or who fails
to perform any act which it is herein made his or her duty to
perform, shall be subject to the following criminal and civil
penalties:
(a) For any initial violations: The violating person shall
be guilty of a misdemeanor, and the department may impose
a civil penalty not to exceed one thousand dollars as determined pursuant to this section.
(b) For a subsequent violation of RCW 70.170.060 (1) or
(2) within five years following a conviction: The violating
person shall be guilty of a misdemeanor, and the department
may impose a penalty not to exceed three thousand dollars as
determined pursuant to this section.
(c) For a subsequent violation with intent to violate
RCW 70.170.060 (1) or (2) within five years following a conviction: The criminal and civil penalties enumerated in (a) of
this subsection; plus up to a three-year prohibition against the
issuance of tax exempt bonds under the authority of the
Washington health care facilities authority; and up to a threeyear prohibition from applying for and receiving a certificate
of need.
(d) For a violation of RCW 70.170.060 (1) or (2) within
five years of a conviction under (c) of this subsection: The
criminal and civil penalties and prohibition enumerated in (a)
and (b) of this subsection; plus up to a one-year prohibition
from participation in the state medical assistance or medical
care services authorized under chapter 74.09 RCW.
(2006 Ed.)
Rural Health System Project
(3) The provisions of chapter 34.05 RCW shall apply to
all noncriminal actions undertaken by the department of
health, the department of social and health services, and the
Washington health care facilities authority pursuant to chapter 9, Laws of 1989 1st ex. sess. [1989 1st ex.s. c 9 § 507.]
*Reviser’s note: RCW 70.170.100 was repealed by 1995 c 265 § 27
and by 1995 c 267 § 12, effective July 1, 1995.
70.170.080 Assessments—Costs. The basic expenses
for the hospital data collection and reporting activities of this
chapter shall be financed by an assessment against hospitals
of no more than four one-hundredths of one percent of each
hospital’s gross operating costs, to be levied and collected
from and after that date, upon which the similar assessment
levied under *chapter 70.39 RCW is terminated, for the provision of hospital services for its last fiscal year ending on or
before June 30th of the preceding calendar year. Budgetary
requirements in excess of that limit must be financed by a
general fund appropriation by the legislature. All moneys collected under this section shall be deposited by the state treasurer in the hospital data collection account which is hereby
created in the state treasury. The department may also charge,
receive, and dispense funds or authorize any contractor or
outside sponsor to charge for and reimburse the costs associated with special studies as specified in RCW 70.170.050.
During the 1993-1995 fiscal biennium, moneys in the
hospital data collection account may be expended, pursuant
to appropriation, for hospital data analysis and the administration of the health information program.
Any amounts raised by the collection of assessments
from hospitals provided for in this section which are not
required to meet appropriations in the budget act for the current fiscal year shall be available to the department in succeeding years. [1993 sp.s. c 24 § 925; 1991 sp.s. c 13 § 71;
1989 1st ex.s. c 9 § 508.]
70.170.080
*Reviser’s note: Chapter 70.39 RCW was repealed by 1982 c 223 § 10,
effective June 30, 1990.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
70.170.090 Confidentiality. The department and any
of its contractors or agents shall maintain the confidentiality
of any information which may, in any manner, identify individual patients. [1989 1st ex.s. c 9 § 509.]
70.170.090
70.170.900 Effective date—1989 1st ex.s. c 9.
RCW 43.70.910.
See
70.170.905 Severability—1989 1st ex.s. c 9.
RCW 43.70.920.
See
70.170.900
70.170.905
Chapter 70.175
Chapter 70.175 RCW
RURAL HEALTH SYSTEM PROJECT
Sections
70.175.010
70.175.020
70.175.030
70.175.040
70.175.050
(2006 Ed.)
Legislative findings.
Definitions.
Project established—Implementation.
Rules.
Secretary’s powers and duties.
70.175.060
70.175.070
70.175.080
70.175.090
70.175.100
70.175.110
70.175.120
70.175.130
70.175.140
70.175.900
70.175.910
70.175.010
Duties and responsibilities of participating communities.
Cooperation of state agencies.
Powers and duties of secretary—Contracting.
Participants authorized to contract—Penalty—Secretary and
state exempt from liability.
Licensure—Rules.
Licensure—Rules—Duties of department.
Rural health care facility not a hospital.
Rural health care plan.
Consultative advice for licensees or applicants.
Effective date—1989 1st ex.s. c 9.
Severability—1989 1st ex.s. c 9.
Rural health access account: RCW 43.70.325.
Rural hospitals: RCW 70.38.105, 70.38.111, 70.41.090.
Rural public hospital districts: RCW 70.44.450.
70.175.010 Legislative findings. (1) The legislature
declares that availability of health services to rural citizens is
an issue on which a state policy is needed.
The legislature finds that changes in the demand for
health care, in reimbursement polices of public and private
purchasers, [and] in the economic and demographic conditions in rural areas threaten the availability of care services.
In addition, many factors inhibit needed changes in the
delivery of health care services to rural areas which include
inappropriate and outdated regulatory laws, aging and inefficient health care facilities, the absence of local planning and
coordination of rural health care services, the lack of community understanding of the real costs and benefits of supporting
rural hospitals, the lack of regional systems to assure access
to care that cannot be provided in every community, and the
absence of state health care policy objectives.
The legislature further finds that the creation of effective
health care delivery systems that assure access to health care
services provided in an affordable manner will depend on
active local community involvement. It further finds that it is
the duty of the state to create a regulatory environment and
health care payment policy that promotes innovation at the
local level to provide such care.
It further declares that it is the responsibility of the state
to develop policy that provides direction to local communities with regard to such factors as a definition of health care
services, identification of statewide health status outcomes,
clarification of state, regional, [and] community responsibilities and interrelationships for assuring access to affordable
health care and continued assurances that quality health care
services are provided.
(2) The legislature further finds that many rural communities do not operate hospitals in a cost-efficient manner. The
cost of operating the rural hospital often exceeds the revenues
generated. Some of these hospitals face closure, which may
result in the loss of health care services for the community.
Many communities are struggling to retain health care services by operating a cost-efficient facility located in the community. Current regulatory laws do not provide for the facilities licensure option that is appropriate for rural areas. A
major barrier to the development of an appropriate rural
licensure model is federal medicare approval to guarantee
reimbursement for the costs of providing care and operating
the facility. Medicare certification typically elaborates upon
state licensure requirements. Medicare approval of reimbursement is more likely if the state has developed legal criteria for a rural-appropriate health facility. Medicare has
begun negotiations with other states facing similar problems
70.175.010
[Title 70 RCW—page 483]
70.175.020
Title 70 RCW: Public Health and Safety
to develop exceptions with the goal of allowing reimbursement of rural alternative health care facilities. It is in the best
interests of rural citizens for Washington state to begin negotiations with the federal government with the objective of
designing a medicare eligible rural health care facility structured to meet the health care needs of rural Washington and
be eligible for federal and state financial support for its development and operation. [1989 1st ex.s. c 9 § 701.]
70.175.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Administrative structure" means a system of contracts or formal agreements between organizations and persons providing health services in an area that establishes the
roles and responsibilities each will assume in providing the
services of the rural health care facility.
(2) "Department" means the department of health.
(3) "Health care delivery system" means services and
personnel involved in providing health care to a population in
a geographic area.
(4) "Health care facility" means any land, structure, system, machinery, equipment, or other real or personal property
or appurtenances useful for or associated with delivery of
inpatient or outpatient health care service or support for such
care or any combination thereof which is operated or undertaken in connection with a hospital, clinic, health maintenance organization, diagnostic or treatment center, extended
care facility, or any facility providing or designed to provide
therapeutic, convalescent or preventive health care services.
(5) "Health care system strategic plan" means a plan
developed by the participant and includes identification of
health care service needs of the participant, services and personnel necessary to meet health care service needs, identification of health status outcomes and outcome measures, identification of funding sources, and strategies to meet health
care needs including measures of effectiveness.
(6) "Institutions of higher education" means educational
institutions as defined in RCW 28B.10.016.
(7) "Local administrator" means an individual or organization representing the participant who may enter into legal
agreements on behalf of the participant.
(8) "Participant" means communities, counties, and
regions that serve as a health care catchment area where the
project site is located.
(9) "Project" means the Washington rural health system
project.
(10) "Project site" means a site selected to participate in
the project.
(11) "Rural health care facility" means a facility, group,
or other formal organization or arrangement of facilities,
equipment, and personnel capable of providing or assuring
availability of health services in a rural area. The services to
be provided by the rural health care facility may be delivered
in a single location or may be geographically dispersed in the
community health service catchment area so long as they are
organized under a common administrative structure or
through a mechanism that provides appropriate referral, treatment, and follow-up.
(12) "Secretary" means the secretary of health. [1989 1st
ex.s. c 9 § 702.]
70.175.020
[Title 70 RCW—page 484]
70.175.030
70.175.030 Project established—Implementation.
(1) The department shall establish the Washington rural
health system project to provide financial and technical assistance to participants. The goal of the project is to help assure
access to affordable health care services to citizens in the
rural areas of Washington state.
(2) Administrative costs necessary to implement this
project shall be kept at a minimum to insure the maximum
availability of funds for participants.
(3) The secretary may contract with third parties for services necessary to carry out activities to implement this chapter where this will promote economy, avoid duplication of
effort, and make the best use of available expertise.
(4) The secretary may apply for, receive, and accept gifts
and other payments, including property and service, from any
governmental or other public or private entity or person, and
may make arrangements as to the use of these receipts,
including the undertaking of special studies and other
projects related to the delivery of health care in rural areas.
(5) In designing and implementing the project the secretary shall consider the report of the Washington rural health
care commission established under chapter 207, Laws of
1988. Nothing in this chapter requires the secretary to follow
any specific recommendation contained in that report except
as it may also be included in this chapter. [1994 sp.s. c 9 §
806; 1989 1st ex.s. c 9 § 703.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
70.175.040
70.175.040 Rules. The department shall adopt rules
consistent with this chapter to carry out the purpose of this
chapter. All rules shall be adopted in accordance with chapter
34.05 RCW. All rules and procedures adopted by the department shall minimize paperwork and compliance requirements for participants and should not be complex in nature so
as to serve as a barrier or disincentive for prospective participants applying for the project. [1989 1st ex.s. c 9 § 704.]
70.175.050
70.175.050 Secretary’s powers and duties. The secretary shall have the following powers and duties:
(1) To design the project application and selection process, including a program to advertise the project to rural
communities and encourage prospective applicants to apply.
Project sites that receive seed grant funding may hire consultants and shall perform other activities necessary to meet participant requirements defined in this chapter. In considering
selection of participants eligible for seed grant funding, the
secretary should consider project sites where (a) existing
access to health care is severely inadequate, (b) where a
financially vulnerable health care facility is present, (c)
where a financially vulnerable health care facility is present
and an adjoining community in the same catchment area has
a competing facility, or (d) where improvements in the delivery of primary care services, including preventive care services, is needed.
The department may obtain technical assistance support for
project sites that are not selected to be funded sites. The secretary shall select these assisted project sites based upon
merit and to the extent possible, based upon the desire to
address specific health status outcomes;
(2006 Ed.)
Rural Health System Project
(2) To design acceptable outcome measures which are
based upon health status outcomes and are to be part of the
community plan, to work with communities to set acceptable
local outcome targets in the health care delivery system strategic plan, and to serve as a general resource to participants in
the planning, administration, and evaluation of project sites;
(3) To assess and approve community strategic plans
developed by participants, including an assessment of the
technical and financial feasibility of implementing the plan
and whether adequate local support for the plan is demonstrated;
(4) To define health care catchment areas, identify financially vulnerable health care facilities, and to identify rural
populations which are not receiving adequate health care services;
(5) To identify existing private and public resources
which may serve as eligible consultants, identify technical
assistance resources for communities in the project, create a
register of public and private technical resource services
available and provide the register to participants. The secretary shall screen consultants to determine their qualifications
prior to including them on the register;
(6) To work with other state agencies, institutions of
higher education, and other public and private organizations
to coordinate technical assistance services for participants;
(7) To administer available funds for community use
while participating in the project and establish procedures to
assure accountability in the use of seed grant funds by participants;
(8) To define data and other minimum requirements for
adequate evaluation of projects and to develop and implement an overall monitoring and evaluation mechanism for the
projects;
(9) To act as facilitator for multiple applicants and
entrants to the project;
(10) To report to the appropriate legislative committees
and others from time to time on the progress of the projects
including the identification of statutory and regulatory barriers to successful completion of rural health care delivery
goals and an ongoing evaluation of the project. [1991 c 224
§ 1; 1989 1st ex.s. c 9 § 705.]
70.175.060
70.175.060 Duties and responsibilities of participating communities. The duties and responsibilities of participating communities shall include:
(1) To involve major health care providers, businesses,
public officials, and other community leaders in project
design, administration, and oversight;
(2) To identify an individual or organization to serve as
the local administrator of the project. The secretary may
require the local administrator to maintain acceptable
accountability of seed grant funding;
(3) To coordinate and avoid duplication of public health
and other health care services;
(4) To assess and analyze community health care needs;
(5) To identify services and providers necessary to meet
needs;
(6) To develop outcome measures to assess the longterm effectiveness of modifications initiated through the
project;
(2006 Ed.)
70.175.090
(7) To write a health care delivery system strategic plan
including to the extent possible, identification of outcome
measures needed to achieve health status outcomes identified
in the plan. New organizational structures created should
integrate existing programs and activities of local health providers so as to maximize the efficient planning and delivery
of health care by local providers and promote more accessible
and affordable health care services to rural citizens. Participants should create health care delivery system strategic
plans which promote health care services which the participant can financially sustain;
(8) To screen and contract with consultants for technical
assistance if the project site was selected to receive funding
and assistance is needed;
(9) To monitor and evaluate the project in an ongoing
manner;
(10) To implement necessary changes as defined in the
plans such as converting existing facilities, developing or
modifying services, recruiting providers, or obtaining agreements with other communities to provide some or all health
care services; and
(11) To provide data and comply with other requirements of the administrator that are intended to evaluate the
effectiveness of the projects. [1989 1st ex.s. c 9 § 706.]
70.175.070
70.175.070 Cooperation of state agencies. (1) The
secretary may call upon other agencies of the state to provide
available information to assist the secretary in meeting the
responsibilities under this chapter. This information shall be
supplied as promptly as circumstances permit.
(2) The secretary may call upon other state agencies
including institutions of higher education as authorized under
Title 28B RCW to identify and coordinate the delivery of
technical assistance services to participants in meeting the
responsibilities of this chapter. The state agencies and institutions of higher education shall cooperate and provide technical assistance to the secretary to the extent that current funding for these agencies and institutions of higher education
permits. [1989 1st ex.s. c 9 § 707.]
70.175.080
70.175.080 Powers and duties of secretary—Contracting. In addition to the powers and duties specified in
RCW 70.175.050 the secretary has the power to enter into
contracts for the following functions and services:
(1) With public or private agencies, to assist the secretary
in the secretary’s duties to design or revise the health status
outcomes, or to monitor or evaluate the performance of participants.
(2) With public or private agencies, to provide technical
or professional assistance to project participants. [1989 1st
ex.s. c 9 § 708.]
70.175.090
70.175.090 Participants authorized to contract—
Penalty—Secretary and state exempt from liability. (1)
Participants are authorized to use funding granted to them by
the secretary for the purpose of contracting for technical
assistance services. Participants shall use only consultants
identified by the secretary for consulting services unless the
participant can show that an alternative consultant is qualified to provide technical assistance and is approved by the
[Title 70 RCW—page 485]
70.175.100
Title 70 RCW: Public Health and Safety
secretary. Adequate records shall be kept by the participant
showing project site expenditures from grant moneys. Inappropriate use of grant funding shall be a gross misdemeanor.
(2) In providing a list of qualified consultants the secretary and the state shall not be held responsible for assuring
qualifications of consultants and shall be held harmless for
the actions of consultants. Furthermore, the secretary and the
state shall not be held liable for the failure of participants to
meet contractual obligations established in connection with
project participation. [1989 1st ex.s. c 9 § 709.]
70.175.100
70.175.100 Licensure—Rules. (1) The department
shall establish and adopt such standards and rules pertaining
to the construction, maintenance, and operation of a rural
health care facility and the scope of health care services, and
rescind, amend, or modify the rules from time to time as necessary in the public interest. In developing the rules, the
department shall consult with representatives of rural hospitals, community mental health centers, public health departments, community and migrant health clinics, and other providers of health care in rural communities. The department
shall also consult with third-party payers, consumers, local
officials, and others to ensure broad participation in defining
regulatory standards and requirements that are appropriate
for a rural health care facility.
(2) When developing the rural health care facility licensure rules, the department shall consider the report of the
Washington rural health care commission established under
chapter 207, Laws of 1988. Nothing in this chapter requires
the department to follow any specific recommendation contained in that report except as it may also be included in this
chapter.
(3) Upon developing rules, the department shall enter
into negotiations with appropriate federal officials to seek
medicare approval of the facility and financial participation
of medicare and other federal programs in developing and
operating the rural health care facility. [1998 c 245 § 119;
1989 1st ex.s. c 9 § 710.]
70.175.110
70.175.110 Licensure—Rules—Duties of department. In developing the rural health care facility licensure
regulations, the department shall:
(1) Minimize regulatory requirements to permit local
flexibility and innovation in providing services;
(2) Promote the cost-efficient delivery of health care and
other social services as is appropriate for the particular local
community;
(3) Promote the delivery of services in a coordinated and
nonduplicative manner;
(4) Maximize the use of existing health care facilities in
the community;
(5) Permit regionalization of health care services when
appropriate;
(6) Provide for linkages with hospitals, tertiary care centers, and other health care facilities to provide services not
available in the facility; and
(7) Achieve health care outcomes defined by the community through a community planning process. [1989 1st
ex.s. c 9 § 711.]
[Title 70 RCW—page 486]
70.175.120
70.175.120 Rural health care facility not a hospital.
The rural health care facility is not considered a hospital for
building occupancy purposes. [1989 1st ex.s. c 9 § 712.]
70.175.130
70.175.130 Rural health care plan. The department
may develop and implement a rural health care plan and may
approve hospital and rural health care facility requests to be
designated as essential access community hospitals or rural
primary care hospitals so that such facilities may form rural
health networks to preserve health care services in rural areas
and thereby be eligible for federal program funding and
enhanced medicare reimbursement. The department may
monitor any rural health care plan and designated facilities to
assure continued compliance with the rural health care plan.
[1992 c 27 § 4; 1990 c 271 § 18.]
70.175.140
70.175.140 Consultative advice for licensees or applicants. Any licensee or applicant desiring to make alterations
or additions to its facilities or to construct new facilities may
contact the department for consultative advice before commencing such alteration, addition, or new construction.
[1992 c 27 § 5.]
70.175.900
See
70.175.910
See
70.175.900 Effective date—1989 1st ex.s. c 9.
RCW 43.70.910.
70.175.910 Severability—1989 1st ex.s. c 9.
RCW 43.70.920.
Chapter 70.180
Chapter 70.180 RCW
RURAL HEALTH CARE
Sections
70.180.005
70.180.009
70.180.011
70.180.020
70.180.030
70.180.040
70.180.110
70.180.120
70.180.130
Finding—Health care professionals.
Finding—Rural training opportunities.
Definitions.
Health professional temporary substitute resource pool.
Registry of health care professionals available to rural communities—Conditions of participation.
Request procedure—Acceptance of gifts.
Rural training opportunities—Plan development.
Midwifery—Statewide plan.
Expenditures, funding.
Rural health access account: RCW 43.70.325.
Rural public hospital districts: RCW 70.44.450.
70.180.005
70.180.005 Finding—Health care professionals. The
legislature finds that a health care access problem exists in
rural areas of the state because rural health care providers are
unable to leave the community for short-term periods of time
to attend required continuing education training or for personal matters because their absence would leave the community without adequate medical care coverage. The lack of
adequate medical coverage in geographically remote rural
communities constitutes a threat to the health and safety of
the people in those communities.
The legislature declares that it is in the public interest to
recruit and maintain a pool of physicians, physician assistants, pharmacists, and advanced registered nurse practitioners willing and able on short notice to practice in rural communities on a short-term basis to meet the medical needs of
the community. [1991 c 332 § 27; 1990 c 271 § 1.]
(2006 Ed.)
Rural Health Care
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
70.180.009
70.180.009 Finding—Rural training opportunities.
The legislature finds that a shortage of physicians, nurses,
pharmacists, and physician assistants exists in rural areas of
the state. In addition, many education programs to train these
health care providers do not include options for practical
training experience in rural settings. As a result, many health
care providers find their current training does not prepare
them for the unique demands of rural practice.
The legislature declares that the availability of rural
training opportunities as a part of professional medical, nursing, pharmacist, and physician assistant education would provide needed practical experience, serve to attract providers to
rural areas, and help address the current shortage of these
providers in rural Washington. [1990 c 271 § 14.]
70.180.011
70.180.011 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Rural areas" means a rural area in the state of Washington as identified by the department. [1991 c 332 § 29.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
70.180.020
70.180.020 Health professional temporary substitute
resource pool. The department shall establish or contract for
a health professional temporary substitute resource pool. The
purpose of the pool is to provide short-term physician, physician assistant, pharmacist, and advanced registered nurse
practitioner personnel to rural communities where these
health care providers:
(1) Are unavailable due to provider shortages;
(2) Need time off from practice to attend continuing education and other training programs; and
(3) Need time off from practice to attend to personal
matters or recover from illness.
The health professional temporary substitute resource
pool is intended to provide short-term assistance and should
complement active health provider recruitment efforts by
rural communities where shortages exist. [1994 c 103 § 1;
1990 c 271 § 2.]
70.180.030
70.180.030 Registry of health care professionals
available to rural communities—Conditions of participation. (1) The department, in cooperation with the University
of Washington school of medicine, the state’s registered
nursing programs, the state’s pharmacy programs, and other
appropriate public and private agencies and associations,
shall develop and keep current a register of physicians, physician assistants, pharmacists, and advanced registered nurse
practitioners who are available to practice on a short-term
basis in rural communities of the state. The department shall
list only individuals who have a valid license to practice. The
register shall be compiled and made available to all rural hospitals, public health departments and districts, rural pharmacies, and other appropriate public and private agencies and
associations.
(2006 Ed.)
70.180.040
(2) Eligible health care professionals are those licensed
under chapters 18.57, 18.57A, 18.64, 18.71, and 18.71A
RCW and advanced registered nurse practitioners licensed
under chapter 18.79 RCW.
(3) Participating sites may:
(a) Receive reimbursement for substitute provider travel
to and from the rural community and for lodging at a rate
determined under RCW 43.03.050 and 43.03.060; and
(b) Receive reimbursement for the cost of malpractice
insurance if the services provided are not covered by the substitute provider’s or local provider’s existing medical malpractice insurance. Reimbursement for malpractice insurance
shall only be made available to sites that incur additional
costs for substitute provider coverage.
(4) The department may require rural communities to
participate in health professional recruitment programs as a
condition for providing a temporary substitute health care
professional if the community does not have adequate permanent health care personnel. To the extent deemed appropriate
and subject to funding, the department may also require communities to participate in other programs or projects, such as
the rural health system project authorized in chapter 70.175
RCW, that are designed to assist communities to reorganize
the delivery of rural health care services.
(5) A participating site may receive reimbursement for
substitute provider assistance as provided for in subsection
(3) of this section for up to ninety days during any twelvemonth period. The department may modify or waive this limitation should it determine that the health and safety of the
community warrants a waiver or modification.
(6) Participating sites shall:
(a) Be responsible for all salary expenses for the temporary substitute provider.
(b) Provide the temporary substitute provider with referral and back-up coverage information. [1994 sp.s. c 9 § 746;
1994 c 103 § 2; 1990 c 271 § 3.]
Reviser’s note: This section was amended by 1994 c 103 § 2 and by
1994 sp.s. c 9 § 746, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
70.180.040
70.180.040 Request procedure—Acceptance of gifts.
(1) Requests for a temporary substitute health care professional may be made to the department by the certified health
plan, local rural hospital, public health department or district,
community health clinic, local practicing physician, physician assistant, pharmacist, or advanced registered nurse practitioner, or local city or county government.
(2) The department may provide directly or contract for
services to:
(a) Establish a manner and form for receiving requests;
(b) Minimize paperwork and compliance requirements
for participant health care professionals and entities requesting assistance; and
(c) Respond promptly to all requests for assistance.
(3) The department may apply for, receive, and accept
gifts and other payments, including property and services,
from any governmental or other public or private entity or
person, and may make arrangements as to the use of these
[Title 70 RCW—page 487]
70.180.110
Title 70 RCW: Public Health and Safety
receipts to operate the pool. The department shall make available upon request to the appropriate legislative committees
information concerning the source, amount, and use of such
gifts or payments. [1994 c 103 § 3; 1990 c 271 § 4.]
70.180.110
70.180.110 Rural training opportunities—Plan
development. (1) The department, in consultation with at
least the higher education coordinating board, the state board
for community and technical colleges, the superintendent of
public instruction, and state-supported education programs in
medicine, pharmacy, and nursing, shall develop a plan for
increasing rural training opportunities for students in medicine, pharmacy, and nursing. The plan shall provide for direct
exposure to rural health professional practice conditions for
students planning careers in medicine, pharmacy, and nursing.
(2) The department and the medical, pharmacy, and
nurse education programs shall:
(a) Inventory existing rural-based clinical experience
programs, including internships, clerkships, residencies, and
other training opportunities available to students pursuing
degrees in nursing, pharmacy, and medicine;
(b) Identify where training opportunities do not currently
exist and are needed;
(c) Develop recommendations for improving the availability of rural training opportunities;
(d) Develop recommendations on establishing agreements between education programs to assure that all students
in medical, pharmacist, and nurse education programs in the
state have access to rural training opportunities; and
(e) Review private and public funding sources to finance
rural-based training opportunities. [1998 c 245 § 120; 1990 c
271 § 15.]
70.180.120
70.180.120 Midwifery—Statewide plan. The department, in consultation with training programs that lead to
licensure in midwifery and certification as a certified nurse
midwife, and other appropriate private and public groups,
shall develop a statewide plan to address access to midwifery
services.
The plan shall include at least the following: (1) Identification of maternity service shortage areas in the state where
midwives could reduce the shortage of services; (2) an inventory of current training programs and preceptorship activities
available to train licensed and certified nurse midwives; (3)
identification of gaps in the availability of training due to
such factors as geographic or economic conditions that prevent individuals from seeking training; (4) identification of
other barriers to utilizing midwives; (5) identification of
strategies to train future midwives such as developing training programs at community colleges and universities, using
innovative telecommunications for training in rural areas,
and establishing preceptorship programs accessible to prospective midwives in shortage areas; (6) development of
recruitment strategies; and (7) estimates of expected costs
associated in recruitment and training.
The plan shall identify the most expeditious and costefficient manner to recruit and train midwives to meet the
current shortages. Plan development and implementation
shall be coordinated with other state policy efforts directed
[Title 70 RCW—page 488]
toward, but not limited to, maternity care access, rural health
care system organization, and provider recruitment for shortage and medically underserved areas of the state. [1998 c 245
§ 121; 1990 c 271 § 16.]
70.180.130
70.180.130 Expenditures, funding. Any additional
expenditures incurred by the University of Washington from
provisions of chapter 271, Laws of 1990 shall be funded from
existing financial resources. [1990 c 271 § 28.]
Chapter 70.185 RCW
RURAL AND UNDERSERVED AREAS—HEALTH
CARE PROFESSIONAL RECRUITMENT
AND RETENTION
Chapter 70.185
Sections
70.185.010
70.185.020
70.185.030
70.185.040
70.185.050
70.185.060
70.185.070
70.185.080
70.185.090
70.185.100
70.185.900
Definitions.
Statewide recruitment and retention clearinghouse.
Community-based recruitment and retention projects—Duties
of department.
Rules.
Secretary’s powers and duties.
Duties and responsibilities of participating communities.
Cooperation of state agencies.
Participants authorized to contract—Penalty—Secretary and
state exempt from liability.
Community contracted student educational positions.
Contracts with area health education centers.
Application to scope of practice—Captions not law—1991 c
332.
Rural public hospital districts: RCW 70.44.450.
70.185.010
70.185.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Health care professional recruitment and retention
strategic plan" means a plan developed by the participant and
includes identification of health care personnel needs of the
community, how these professionals will be recruited and
retained in the community following recruitment.
(3) "Institutions of higher education" means educational
institutions as defined in RCW 28B.10.016.
(4) "Local administrator" means an individual or organization representing the participant who may enter into legal
agreements on behalf of the participant.
(5) "Participant" means communities, counties, and
regions that serve as a health care catchment area where the
project site is located.
(6) "Project" means the community-based retention and
recruitment project.
(7) "Project site" means a site selected to participate in
the project.
(8) "Secretary" means the secretary of health. [1991 c
332 § 7.]
70.185.020
70.185.020 Statewide recruitment and retention
clearinghouse. The department, in consultation with appropriate private and public entities, shall establish a health professional recruitment and retention clearinghouse. The clearinghouse shall:
(1) Inventory and classify the current public and private
health professional recruitment and retention efforts;
(2006 Ed.)
Rural and Underserved Areas—Health Care Professional Recruitment and Retention
(2) Identify recruitment and retention program models
having the greatest success rates;
(3) Identify recruitment and retention program gaps;
(4) Work with existing recruitment and retention programs to better coordinate statewide activities and to make
such services more widely known and broadly available;
(5) Provide general information to communities, health
care facilities, and others about existing available programs;
(6) Work in cooperation with private and public entities
to develop new recruitment and retention programs;
(7) Identify needed recruitment and retention programming for state institutions, county public health departments
and districts, county human service agencies, and other entities serving substantial numbers of public pay and charity
care patients, and may provide to these entities when they
have been selected as participants necessary recruitment and
retention assistance including:
(a) Assistance in establishing or enhancing recruitment
of health care professionals;
(b) Recruitment on behalf of sites unable to establish
their own recruitment program; and
(c) Assistance with retention activities when practitioners of the health professional loan repayment and scholarship program authorized by *chapter 18.150 RCW are
present in the practice setting. [1991 c 332 § 8.]
*Reviser’s note: Chapter 18.150 RCW was recodified as chapter
28B.115 RCW by 1991 c 332 § 36.
70.185.030
70.185.030 Community-based recruitment and
retention projects—Duties of department. (1) The department may, subject to funding, establish community-based
recruitment and retention project sites to provide financial
and technical assistance to participating communities. The
goal of the project is to help assure the availability of health
care providers in rural and underserved urban areas of Washington state.
(2) Administrative costs necessary to implement this
project shall be kept at a minimum to insure the maximum
availability of funds for participants.
(3) The secretary may contract with third parties for services necessary to carry out activities to implement this chapter where this will promote economy, avoid duplication of
effort, and make the best use of available expertise.
(4) The secretary may apply for, receive, and accept gifts
and other payments, including property and service, from any
governmental or other public or private entity or person, and
may make arrangements as to the use of these receipts,
including the undertaking of special studies and other
projects related to the delivery of health care in rural areas.
(5) In designing and implementing the project the secretary shall coordinate and avoid duplication with similar federal programs and with the Washington rural health system
project as authorized under chapter 70.175 RCW to consolidate administrative duties and reduce costs. [1993 c 492 §
273; 1991 c 332 § 9.]
University of Washington primary care physician shortage plan
development—1993 c 492: "(1) The University of Washington shall prepare a primary care shortage plan that accomplishes the following:
(a) Identifies specific activities that the school of medicine shall pursue
to increase the number of Washington residents serving as primary care physicians in rural and medically underserved areas of the state, including establishing a goal that assures that no less than fifty percent of medical school
(2006 Ed.)
70.185.050
graduates who are Washington state residents at the time of matriculation
will enter into primary care residencies, to the extent possible, in Washington
state by the year 2000;
(b) Assures that the school of medicine shall establish among its highest training priorities the distribution of its primary care physician graduates
from the school and associated postgraduate residency programs into rural
and medically underserved areas;
(c) Establishes the goal of assuring that the annual number of graduates
from the family practice residency network entering rural or medically
underserved practice shall be increased by forty percent over a baseline
period from 1988 through 1990 by 1995;
(d) Establishes a further goal to make operational at least two additional family practice residency programs within Washington state in geographic areas identified by the plan as underserved in family practice by
1997. The geographic areas identified by the plan as being underserved by
family practice physicians shall be consistent with any such similar designations as may be made in the health personnel research plan as authorized
under chapter 28B.125 RCW;
(e) Establishes, with the cooperation of existing community and
migrant health clinics in rural or medically underserved areas of the state,
three family practice residency training tracks. Furthermore, the primary
care shortage plan shall provide that one of these training tracks shall be a
joint American osteopathic association and American medical association
approved training site coordinated with an accredited college of osteopathic
medicine with extensive experience in training primary care physicians for
the western United States. Such a proposed joint accredited training track
will have at least fifty percent of its residency positions in osteopathic medicine; and
(f) Implements the plan, with the exception of the expansion of the
family practice residency network, within current biennial appropriations for
the University of Washington school of medicine.
(2) The plan shall be submitted to the appropriate committees of the
legislature no later than December 1, 1993." [1993 c 492 § 279.]
Finding—1993 c 492: See note following RCW 28B.115.080.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.185.040
70.185.040 Rules. The department shall adopt rules
consistent with this chapter to carry out the purpose of this
chapter. All rules shall be adopted in accordance with chapter
34.05 RCW. All rules and procedures adopted by the department shall minimize paperwork and compliance requirements for participants and should not be complex in nature so
as to serve as a barrier or disincentive for prospective participants applying for the project. [1991 c 332 § 10.]
70.185.050
70.185.050 Secretary’s powers and duties. The secretary shall have the following powers and duties:
(1) To design the project application and selection process, including a program to advertise the project to rural
communities and encourage prospective applicants to apply.
Subject to funding, project sites shall be selected that are eligible to receive funding. Funding shall be used to hire consultants and perform other activities necessary to meet participant requirements under this chapter. The secretary shall
require at least fifty percent matching funds or in-kind contributions from participants. In considering selection of participants eligible for seed grant funding, the secretary should
consider project sites where (a) existing access to health care
is severely inadequate, (b) recruitment and retention problems have been chronic, (c) the community is in need of primary care practitioners, or (d) the community has unmet
health care needs for specific target populations;
(2) To design acceptable health care professional recruitment and retention strategic plans, and to serve as a general
[Title 70 RCW—page 489]
70.185.060
Title 70 RCW: Public Health and Safety
resource to participants in the planning, administration, and
evaluation of project sites;
(3) To assess and approve strategic plans developed by
participants, including an assessment of the technical and
financial feasibility of implementing the plan and whether
adequate local support for the plan is demonstrated;
(4) To identify existing private and public resources that
may serve as eligible consultants, identify technical assistance resources for communities in the project, create a register of public and private technical resource services available,
and provide the register to participants. The secretary shall
screen consultants to determine their qualifications prior to
including them on the register;
(5) To work with other state agencies, institutions of
higher education, and other public and private organizations
to coordinate technical assistance services for participants;
(6) To administer available funds for community use
while participating in the project and establish procedures to
assure accountability in the use of seed grant funds by participants;
(7) To define data and other minimum requirements for
adequate evaluation of projects and to develop and implement an overall monitoring and evaluation mechanism for the
projects;
(8) To act as facilitator for multiple applicants and
entrants to the project;
(9) To report to the appropriate legislative committees
and others from time to time on the progress of the projects
including the identification of statutory and regulatory barriers to successful completion of rural health care delivery
goals and an ongoing evaluation of the project. [1991 c 332
§ 11.]
70.185.070 Cooperation of state agencies. (1) The
secretary may call upon other agencies of the state to provide
available information to assist the secretary in meeting the
responsibilities under this chapter. This information shall be
supplied as promptly as circumstances permit.
(2) The secretary may call upon other state agencies
including institutions of higher education as authorized under
Titles 28A and 28B RCW to identify and coordinate the
delivery of technical assistance services to participants in
meeting the responsibilities of this chapter. The state agencies, vocational-technical institutions, and institutions of
higher education shall cooperate and provide technical assistance to the secretary to the extent that current funding for
these entities permits. [1991 c 332 § 13.]
70.185.070
70.185.080 Participants authorized to contract—
Penalty—Secretary and state exempt from liability. (1)
Participants are authorized to use funding granted to them by
the secretary for the purpose of contracting for technical
assistance services. Participants shall use only consultants
identified by the secretary for consulting services unless the
participant can show that an alternative consultant is qualified to provide technical assistance and is approved by the
secretary. Adequate records shall be kept by the participant
showing project site expenditures from grant moneys. Inappropriate use of grant funding is a gross misdemeanor and
shall incur the penalties under chapter 9A.20 RCW.
(2) In providing a list of qualified consultants the secretary and the state shall not be held responsible for assuring
qualifications of consultants and shall be held harmless for
the actions of consultants. Furthermore, the secretary and the
state shall not be held liable for the failure of participants to
meet contractual obligations established in connection with
project participation. [1991 c 332 § 14.]
70.185.080
70.185.060
70.185.060 Duties and responsibilities of participating communities. The duties and responsibilities of participating communities shall include:
(1) To involve major health care providers, businesses,
public officials, and other community leaders in project
design, administration, and oversight;
(2) To identify an individual or organization to serve as
the local administrator of the project. The secretary may
require the local administrator to maintain acceptable
accountability of seed grant funding;
(3) To coordinate and avoid duplication of public health
and other health care services;
(4) To assess and analyze community health care professional needs;
(5) To write a health care professional recruitment and
retention strategic plan;
(6) To screen and contract with consultants for technical
assistance if the project site was selected to receive funding
and assistance is needed;
(7) To monitor and evaluate the project in an ongoing
manner;
(8) To provide data and comply with other requirements
of the administrator that are intended to evaluate the effectiveness of the projects;
(9) To assure that specific populations with unmet health
care needs have access to services. [1991 c 332 § 12.]
[Title 70 RCW—page 490]
70.185.090 Community contracted student educational positions. (1) The department may develop a mechanism for underserved rural or urban communities to contract
with education and training programs for student positions
above the full time equivalent lids. The goal of this program
is to provide additional capacity, educating students who will
practice in underserved communities.
(2) Eligible education and training programs are those
programs approved by the department that lead to eligibility
for a credential as a credentialed health care professional. Eligible professions are those licensed under chapters 18.36A,
18.57, 18.57A, 18.71, and 18.71A RCW and advanced registered nurse practitioners and certified nurse midwives
licensed under *chapter 18.88 RCW, and may include other
providers identified as needed in the health personnel
resource plan.
(3) Students participating in the community contracted
educational positions shall meet all applicable educational
program requirements and provide assurances, acceptable to
the community, that they will practice in the sponsoring community following completion of education and necessary
licensure.
(4) Participants in the program incur an obligation to
repay any contracted funds with interest set by state law,
unless they serve at least three years in the sponsoring community.
70.185.090
(2006 Ed.)
Family Policy Council
(5) The department may provide funds to communities
for use in contracting. [1993 c 492 § 274.]
*Reviser’s note: Chapter 18.88 RCW was repealed by 1994 sp.s. c 9 §
433, effective July 1, 1994.
Finding—1993 c 492: See note following RCW 28B.115.080.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.185.100
70.185.100 Contracts with area health education centers. The secretary may establish and contract with area
health education centers in the eastern and western parts of
the state. Consistent with the recruitment and retention objectives of this chapter, the centers shall provide or facilitate the
provision of health professional educational and continuing
education programs that strengthen the delivery of primary
health care services in rural and medically underserved urban
areas of the state. The center shall assist in the development
and operation of health personnel recruitment and retention
programs that are consistent with activities authorized under
this chapter. The centers shall further provide technical
expertise in the development of well managed health care
delivery systems in rural Washington consistent with the
goals and objectives of chapter 492, Laws of 1993. [1993 c
492 § 275.]
Finding—1993 c 492: See note following RCW 28B.115.080.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
70.185.900
70.185.900 Application to scope of practice—Captions not law—1991 c 332. See notes following RCW
18.130.010.
Chapter 70.190
Chapter 70.190 RCW
FAMILY POLICY COUNCIL
Sections
70.190.005
70.190.010
70.190.020
70.190.030
70.190.040
70.190.050
70.190.060
70.190.065
70.190.070
70.190.075
70.190.080
70.190.085
70.190.090
70.190.100
70.190.110
70.190.120
70.190.130
70.190.150
70.190.160
70.190.170
70.190.180
70.190.190
(2006 Ed.)
Purpose.
Definitions.
Consolidate efforts of existing entities.
Proposals to facilitate services at the community level.
Finding—Grants to improve readiness to learn.
Community networks—Outcome evaluation.
Community networks—Legislative intent—Membership—
Open meetings.
Member’s authorization of expenditures—Limitation.
Community networks—Duties.
Lead fiscal agent.
Community networks—Programs and plans.
Community networks—Sexual abstinence and activity campaign.
Community networks—Planning grants and contracts—Distribution of funds—Reports.
Duties of council.
Program review.
Interagency agreement.
Comprehensive plan—Approval process—Network expenditures—Penalty for noncompliance with chapter.
Federal restrictions on funds transfers, waivers.
Community networks—Implementation in federal and state
plans.
Transfer of funds and programs to state agency.
Community network—Grants for use of school facilities.
Network members immune from civil liability—Network
assets not subject to attachment or execution.
70.190.910
70.190.920
70.190.010
Severability—1992 c 198.
Effective date—1992 c 198.
70.190.005
70.190.005 Purpose. The legislature finds that a primary goal of public involvement in the lives of children has
been to strengthen the family unit.
However, the legislature recognizes that traditional twoparent families with one parent routinely at home are now in
the minority. In addition, extended family and natural community supports have eroded drastically. The legislature recognizes that public policy assumptions must be altered to
account for this new social reality. Public effort must be redirected to expand, support, strengthen, and help reconstruct
family and community networks to assist in meeting the
needs of children.
The legislature finds that a broad variety of services for
children and families has been independently designed over
the years and that the coordination and cost-effectiveness of
these services will be enhanced through the adoption of an
approach that allows communities to prioritize and coordinate services to meet their local needs. The legislature further
finds that the most successful programs for reaching and
working with at-risk families and children treat individuals’
problems in the context of the family, offer a broad spectrum
of services, are flexible in the use of program resources, and
use staff who are trained in crossing traditional program categories in order to broker services necessary to fully meet a
family’s needs.
The legislature further finds that eligibility criteria,
expenditure restrictions, and reporting requirements of state
and federal categorical programs often create barriers toward
the effective use of resources for addressing the multiple
problems of at-risk families and children.
The purposes of this chapter are (1) to modify public policy and programs to empower communities to support and
respond to the needs of individual families and children and
(2) to improve the responsiveness of services for children and
families at risk by facilitating greater coordination and flexibility in the use of funds by state and local service agencies.
[1994 sp.s. c 7 § 301; 1992 c 198 § 1.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.010
70.190.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Administrative costs" means the costs associated
with procurement; payroll processing; personnel functions;
management; maintenance and operation of space and property; data processing and computer services; accounting;
budgeting; auditing; indirect costs; and organizational planning, consultation, coordination, and training.
(2) "Assessment" has the same meaning as provided in
RCW 43.70.010.
(3) "At-risk" children are children who engage in or are
victims of at-risk behaviors.
(4) "At-risk behaviors" means violent delinquent acts,
teen substance abuse, teen pregnancy and male parentage,
teen suicide attempts, dropping out of school, child abuse or
neglect, and domestic violence.
[Title 70 RCW—page 491]
70.190.020
Title 70 RCW: Public Health and Safety
(5) "Community public health and safety networks" or
"networks" means the organizations authorized under RCW
70.190.060.
(6) "Comprehensive plan" means a two-year plan that
examines available resources and unmet needs for a county or
multicounty area, barriers that limit the effective use of
resources, and a plan to address these issues that is broadly
supported by local residents.
(7) "Participating state agencies" means the office of the
superintendent of public instruction, the department of social
and health services, the department of health, the employment security department, the department of community,
trade, and economic development, and such other departments as may be specifically designated by the governor.
(8) "Family policy council" or "council" means the
superintendent of public instruction, the secretary of social
and health services, the secretary of health, the commissioner
of the employment security department, and the director of
the department of community, trade, and economic development or their designees, one legislator from each caucus of
the senate and house of representatives, and one representative of the governor.
(9) "Fiduciary interest" means (a) the right to compensation from a health, educational, social service, or justice system organization that receives public funds, or (b) budgetary
or policy-making authority for an organization listed in (a) of
this subsection. A person who acts solely in an advisory
capacity and receives no compensation from a health, educational, social service, or justice system organization, and who
has no budgetary or policy-making authority is deemed to
have no fiduciary interest in the organization.
(10) "Outcome" or "outcome based" means defined and
measurable outcomes used to evaluate progress in reducing
the rate of at-risk children and youth through reducing risk
factors and increasing protective factors.
(11) "Matching funds" means an amount no less than
twenty-five percent of the amount budgeted for a network.
The network’s matching funds may be in-kind goods and services. Funding sources allowable for match include appropriate federal or local levy funds, private charitable funding, and
other charitable giving. Basic education funds shall not be
used as a match. State general funds shall not be used as a
match for violence reduction and drug enforcement account
funds created under RCW 69.50.520.
(12) "Policy development" has the same meaning as provided in RCW 43.70.010.
(13) "Protective factors" means those factors determined
by the department of health to be empirically associated with
behaviors that contribute to socially acceptable and healthy
nonviolent behaviors. Protective factors include promulgation, identification, and acceptance of community norms
regarding appropriate behaviors in the area of delinquency,
early sexual activity, alcohol and substance abuse, educational opportunities, employment opportunities, and absence
of crime.
(14) "Risk factors" means those factors determined by
the department of health to be empirically associated with atrisk behaviors that contribute to violence. [1996 c 132 § 2;
1995 c 399 § 200; 1992 c 198 § 3.]
Intent—Construction—1996 c 132: "It is the intent of this act only to
make minimal clarifying, technical, and administrative revisions to the laws
[Title 70 RCW—page 492]
concerning community public health and safety networks and to the related
agencies responsible for implementation of the networks. This act is not
intended to change the scope of the duties or responsibilities, nor to undermine the underlying policies, set forth in chapter 7, Laws of 1994 sp. sess."
[1996 c 132 § 1.]
Severability—1996 c 132: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 132 § 10.]
70.190.020
70.190.020 Consolidate efforts of existing entities. To
the extent that any power or duty of the council may duplicate
efforts of existing councils, commissions, advisory committees, or other entities, the governor is authorized to take necessary actions to eliminate such duplication. This shall
include authority to consolidate similar councils or activities
in a manner consistent with the goals of this chapter. [1994
sp.s. c 7 § 315; 1992 c 198 § 4.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.030
70.190.030 Proposals to facilitate services at the community level. The council shall annually solicit from community networks proposals to facilitate greater flexibility,
coordination, and responsiveness of services at the community level. The council shall consider such proposals only if:
(1) A comprehensive plan has been prepared by the community networks;
(2) The community network has identified and agreed to
contribute matching funds as specified in RCW 70.190.010;
(3) An interagency agreement has been prepared by the
council and the participating local service and support agencies that governs the use of funds, specifies the relationship
of the project to the principles listed in RCW 74.14A.025,
and identifies specific outcomes and indicators; and
(4) The community network has designed into its comprehensive plan standards for accountability. Accountability
standards include, but are not limited to, the public hearing
process eliciting public comment about the appropriateness
of the proposed comprehensive plan. The community network must submit reports to the council outlining the public
response regarding the appropriateness and effectiveness of
the comprehensive plan. [1994 sp.s. c 7 § 316; 1992 c 198 §
5.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.040
70.190.040 Finding—Grants to improve readiness to
learn. (1) The legislature finds that helping children to arrive
at school ready to learn is an important part of improving student learning.
(2) To the extent funds are appropriated, the family policy council shall award grants to community-based consortiums that submit comprehensive plans that include strategies
to improve readiness to learn. [1993 c 336 § 901.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
70.190.050
70.190.050 Community networks—Outcome evaluation. (1) The Washington state institute for public policy
shall conduct or contract for monitoring and tracking of the
(2006 Ed.)
Family Policy Council
implementation of chapter 7, Laws of 1994 sp. sess. to determine whether these efforts result in a measurable reduction of
violence. The institute shall also conduct or contract for an
evaluation of the effectiveness of the community public
health and safety networks in reducing the rate of at-risk
youth through reducing risk factors and increasing protective
factors. The evaluation plan shall result in statistically valid
evaluation at both statewide and community levels.
(2) Starting five years after the initial grant to a community network, if the community network fails to meet the outcome standards and goals in any two consecutive years, the
institute shall make recommendations to the legislature concerning whether the funds received by that community network should revert back to the originating agency. In making
this determination, the institute shall consider the adequacy
of the level of intervention relative to the risk factors in the
community and any external events having a significant
impact on risk factors or outcomes.
(3) The outcomes required under this chapter and social
development standards and measures established by the
department of health under RCW 43.70.555 shall be used in
conducting the outcome evaluation of the community networks. [1998 c 245 § 122; 1994 sp.s. c 7 § 207.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.060
70.190.060 Community networks—Legislative
intent—Membership—Open meetings. (1) The legislature
authorizes community public health and safety networks to
reconnect parents and other citizens with children, youth,
families, and community institutions which support health
and safety. The networks have only those powers and duties
expressly authorized under this chapter. The networks
should empower parents and other citizens by being a means
of expressing their attitudes, spirit, and perspectives regarding safe and healthy family and community life. The legislature intends that parent and other citizen perspectives exercise a controlling influence over policy and program operations of professional organizations concerned with children
and family issues within networks in a manner consistent
with the Constitution and state law. It is not the intent of the
legislature that health, social service, or educational professionals dominate community public health and safety network processes or programs, but rather that these professionals use their skills to lend support to parents and other citizens
in expressing their values as parents and other citizens identify community needs and establish community priorities. To
this end, the legislature intends full participation of parents
and other citizens in community public health and safety networks. The intent is that local community values are
reflected in the operations of the network.
(2) A group of persons described in subsection (3) of this
section may apply to be a community public health and safety
network.
(3) Each community public health and safety network
shall be composed of twenty-three people, thirteen of whom
shall be citizens who live within the network boundary with
no fiduciary interest. In selecting these members, first priority shall be given to members of community mobilization
advisory boards, city or county children’s services commissions, human services advisory boards, or other such organi(2006 Ed.)
70.190.070
zations. The thirteen persons shall be selected as follows:
Three by chambers of commerce, three by school board
members, three by county legislative authorities, three by city
legislative authorities, and one high school student, selected
by student organizations. The remaining ten members shall
live or work within the network boundary and shall include
local representation selected by the following groups and
entities: Cities; counties; federally recognized Indian tribes;
parks and recreation programs; law enforcement agencies;
state children’s service workers; employment assistance
workers; private social service providers, broad-based nonsecular organizations, or health service providers; and public
education.
(4) Each of the twenty-three people who are members of
each community public health and safety network must sign
an annual declaration under penalty of perjury or a notarized
statement that clearly, in plain and understandable language,
states whether or not he or she has a fiduciary interest. If a
member has a fiduciary interest, the nature of that interest
must be made clear, in plain understandable language, on the
signed statement.
(5) Members of the network shall serve terms of three
years.
The terms of the initial members of each network shall
be as follows: (a) One-third shall serve for one year; (b) onethird shall serve for two years; and (c) one-third shall serve
for three years. Initial members may agree which shall serve
fewer than three years or the decision may be made by lot.
Any vacancy occurring during the term may be filled by the
chair for the balance of the unexpired term.
(6) Not less than sixty days before the expiration of a network member’s term, the chair shall submit the name of a
nominee to the network for its approval. The network shall
comply with subsection (3) of this section.
(7) Networks are subject to the open public meetings act
under chapter 42.30 RCW and the public records provisions
of chapter 42.56 RCW. [2005 c 274 § 345; 1998 c 314 § 12;
1996 c 132 § 3; 1994 sp.s. c 7 § 303.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Application—1996 c 132 § 3: "The amendments to RCW 70.190.060
in 1996 c 132 § 3 shall apply prospectively only and are not intended to
affect the composition of any community public health and safety network’s
membership that has been approved by the family policy council prior to
June 6, 1996." [1996 c 132 § 11.]
Intent—Construction—Severability—1996 c 132: See notes following RCW 70.190.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.065
70.190.065 Member’s authorization of expenditures—Limitation. No network member may vote to authorize, or attempt to influence the authorization of, any expenditure in which the member’s immediate family has a fiduciary interest. For the purpose of this section "immediate
family" means a spouse, parent, grandparent, adult child,
brother, or sister. [1996 c 132 § 5.]
Intent—Construction—Severability—1996 c 132: See notes following RCW 70.190.010.
70.190.070
70.190.070 Community networks—Duties. The community public health and safety networks shall:
[Title 70 RCW—page 493]
70.190.075
Title 70 RCW: Public Health and Safety
(1) Review state and local public health data and analysis
relating to risk factors, protective factors, and at-risk children
and youth;
(2) Prioritize the risk factors and protective factors to
reduce the likelihood of their children and youth being at risk.
The priorities shall be based upon public health data and
assessment and policy development standards provided by
the department of health under RCW 43.70.555;
(3) Develop long-term comprehensive plans to reduce
the rate of at-risk children and youth; set definitive, measurable goals, based upon the department of health standards;
and project their desired outcomes;
(4) Distribute funds to local programs that reflect the
locally established priorities and as provided in *RCW
70.190.140;
(5) Comply with outcome-based standards;
(6) Cooperate with the department of health and local
boards of health to provide data and determine outcomes; and
(7) Coordinate its efforts with anti-drug use efforts and
organizations and maintain a high priority for combatting
drug use by at-risk youth. [1994 sp.s. c 7 § 304.]
*Reviser’s note: RCW 70.190.140 expired June 30, 1995.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.075 Lead fiscal agent. (1) Each network shall
contract with a public entity as its lead fiscal agent. The contract shall grant the agent authority to perform fiscal,
accounting, contract administration, legal, and other administrative duties, including the provision of liability insurance.
Any contract under this subsection shall be submitted to the
council by the network for approval prior to its execution.
The council shall review the contract to determine whether
the administrative costs will be held to no more than ten percent.
(2) The lead agent shall maintain a system of accounting
for network funds consistent with the budgeting, accounting,
and reporting systems and standards adopted or approved by
the state auditor.
(3) The lead agent may contract with another public or
private entity to perform duties other than fiscal or accounting duties. [1996 c 132 § 4.]
70.190.075
Intent—Construction—Severability—1996 c 132: See notes following RCW 70.190.010.
70.190.080 Community networks—Programs and
plans. (1) The community network’s plan may include a program to provide postsecondary scholarships to at-risk students who: (a) Are community role models under criteria
established by the community network; (b) successfully complete high school; and (c) maintain at least a 2.5 grade point
average throughout high school. Funding for the scholarships
may include public and private sources.
(2) The community network’s plan may also include
funding of community-based home visitor programs which
are designed to reduce the incidence of child abuse and
neglect within the network. Parents shall sign a voluntary
authorization for services, which may be withdrawn at any
time. The program may provide parents with education and
support either in parents’ homes or in other locations comfortable for parents, beginning with the birth of their first
70.190.080
[Title 70 RCW—page 494]
baby. The program may make the following services available to the families:
(a) Visits for all expectant or new parents, either at the
parent’s home or another location with which the parent is
comfortable;
(b) Screening before or soon after the birth of a child to
assess the family’s strengths and goals and define areas of
concern in consultation with the family;
(c) Parenting education and skills development;
(d) Parenting and family support information and referral;
(e) Parent support groups; and
(f) Service coordination for individual families, and
assistance with accessing services, provided in a manner that
ensures that individual families have only one individual or
agency to which they look for service coordination. Where
appropriate for a family, service coordination may be conducted through interdisciplinary or interagency teams.
These programs are intended to be voluntary for the parents involved.
(3) In developing long-term comprehensive plans to
reduce the rate of at-risk children and youth, the community
networks shall consider increasing employment and job training opportunities in recognition that they constitute an effective network strategy and strong protective factor. The networks shall consider and may include funding of:
(a) At-risk youth job placement and training programs.
The programs shall:
(i) Identify and recruit at-risk youth for local job opportunities;
(ii) Provide skills and needs assessments for each youth
recruited;
(iii) Provide career and occupational counseling to each
youth recruited;
(iv) Identify businesses willing to provide employment
and training opportunities for at-risk youth;
(v) Match each youth recruited with a business that
meets his or her skills and training needs;
(vi) Provide employment and training opportunities that
prepare the individual for demand occupations; and
(vii) Include, to the extent possible, collaboration of
business, labor, education and training, community organizations, and local government;
(b) Employment assistance, including job development,
school-to-work placement, employment readiness training,
basic skills, apprenticeships, job mentoring, and private sector and community service employment;
(c) Education assistance, including tutoring, mentoring,
interactions with role models, entrepreneurial education and
projects, violence prevention training, safe school strategies,
and employment reentry assistance services.
(4) The community network may include funding of:
(a) Peer-to-peer, group, and individual counseling,
including crisis intervention, for at-risk youth and their parents;
(b) Youth coalitions that provide opportunities to
develop leadership skills and gain appropriate respect, recognition, and rewards for their positive contribution to their
community;
(2006 Ed.)
Family Policy Council
(c) Technical assistance to applicants to increase their
organizational capacity and to improve the likelihood of a
successful application; and
(d) Technical assistance and training resources to successful applicants. [1996 c 132 § 6; 1994 sp.s. c 7 § 305.]
Intent—Construction—Severability—1996 c 132: See notes following RCW 70.190.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.085
70.190.085 Community networks—Sexual abstinence and activity campaign. The community network’s
plan may include funding for a student designed media and
community campaign promoting sexual abstinence and
addressing the importance of delaying sexual activity and
pregnancy or male parenting until individuals are ready to
nurture and support their children. Under the campaign,
which shall be substantially designed and produced by students, the same messages shall be distributed in schools,
through the media, and in the community where the campaign is targeted. The campaign shall require local private
sector matching funds equal to state funds. Local private sector funds may include in-kind contributions of technical or
other assistance from consultants or firms involved in public
relations, advertising, broadcasting, and graphics or video
production or other related fields. The campaign shall be
evaluated using the outcomes required of community networks under this chapter, in particular reductions in the number or rate of teen pregnancies and teen male parentage over
a three to five year period. [1994 c 299 § 5.]
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
70.190.100
held to a maximum of ten percent. However, during the 199901 fiscal biennium, administrative costs shall be held to a
maximum of ten percent or twenty thousand dollars, whichever is greater, exclusive of costs associated with procurement, payroll processing, personnel functions, management,
maintenance and operation of space and property, data processing and computer services, indirect costs, and organizational planning, consultation, coordination, and training.
(6) A network shall not provide services or operate programs.
(7) A network shall file a report with the council by May
1 of each year that includes but is not limited to the following
information: Detailed expenditures, programs under way,
progress on contracted services and programs, and successes
and problems in achieving the outcomes required by RCW
70.190.130(1)(h) related to reducing the rate of state-funded
out-of-home placements and the other three at-risk behaviors
covered by the comprehensive plan and approved by the
council. [1999 c 309 § 918; 1996 c 132 § 7; 1994 sp.s. c 7 §
306.]
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
Effective dates—1996 c 132 §§ 7, 8: "(1) Section 7 of this act shall take
effect July 1, 1996.
(2) Section 8 of this act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately [March 22,
1996]." [1996 c 132 § 12.]
Intent—Construction—Severability—1996 c 132: See notes following RCW 70.190.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.100
70.190.090
70.190.090 Community networks—Planning grants
and contracts—Distribution of funds—Reports. (1) A
network shall, upon application to the council, be eligible to
receive planning grants and technical assistance from the
council. However, during the 1999-01 fiscal biennium, a network that has not finalized its membership shall be eligible to
receive such grants and assistance. Planning grants may be
funded through available federal funds for family preservation services. After receiving the planning grant the network
has up to one year to submit the long-term comprehensive
plan.
(2) The council shall enter into biennial contracts with
networks as part of the grant process. The contracts shall be
consistent with available resources, and shall be distributed in
accordance with the distribution formula developed pursuant
to RCW 43.41.195, subject to the applicable matching fund
requirement.
(3) No later than February 1 of each odd-numbered year
following the initial contract between the council and a network, the council shall request from the network its plan for
the upcoming biennial contract period.
(4) The council shall notify the networks of their allocation of available resources at least sixty days prior to the start
of a new biennial contract period.
(5) The networks shall, by contract, distribute funds (a)
appropriated for plan implementation by the legislature, and
(b) obtained from nonstate or federal sources. In distributing
funds, the networks shall ensure that administrative costs are
(2006 Ed.)
70.190.100 Duties of council. The family policy council shall:
(1) Establish network boundaries no later than July 1,
1994. There is a presumption that no county may be divided
between two or more community networks and no network
shall have fewer than forty thousand population. When
approving multicounty networks, considering dividing a
county between networks, or creating a network with a population of less than forty thousand, the council must consider:
(a) Common economic, geographic, and social interests; (b)
historical and existing shared governance; and (c) the size
and location of population centers. Individuals and groups
within any area shall be given ample opportunity to propose
network boundaries in a manner designed to assure full consideration of their expressed wishes;
(2) Develop a technical assistance and training program
to assist communities in creating and developing community
networks and comprehensive plans;
(3) Approve the structure, purpose, goals, plan, and performance measurements of each community network;
(4) Identify all prevention and early intervention programs and funds, including all programs funded under RCW
69.50.520, in addition to the programs set forth in RCW
70.190.110, which could be transferred, in all or part, to the
community networks, and report their findings and recommendations to the governor and the legislature regarding any
appropriate program transfers by January 1 of each year;
(5) Reward community networks that show exceptional
success as provided in RCW 43.41.195;
[Title 70 RCW—page 495]
70.190.110
Title 70 RCW: Public Health and Safety
(6) Seek every opportunity to maximize federal and
other funding that is consistent with the plans approved by
the council for the purpose and goals of this chapter;
(7) Review the state-funded out-of-home placement rate
before the end of each contract to determine whether the
region has sufficiently reduced the rate. If the council determines that there has not been a sufficient reduction in the rate,
it may reduce the immediately succeeding grant to the network;
(8)(a) The council shall monitor the implementation of
programs contracted by participating state agencies by
reviewing periodic reports on the extent to which services
were delivered to intended populations, the quality of services, and the extent to which service outcomes were
achieved at the conclusion of service interventions. This
monitoring shall include provision for periodic feedback to
community networks;
(b) The legislature intends that this monitoring be used
by the Washington state institute for public policy, together
with public health data on at-risk behaviors and risk and protective factors, to produce an external evaluation of the effectiveness of the networks and their programs. For this reason,
and to conserve public funds, the council shall not conduct or
contract for the conduct of control group studies, quasiexperimental design studies, or other analysis efforts to
attempt to determine the impact of network programs on atrisk behaviors or risk and protective factors; and
(9) Review the implementation of chapter 7, Laws of
1994 sp. sess. The report shall use measurable performance
standards to evaluate the implementation. [1998 c 245 § 123;
1994 sp.s. c 7 § 307.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.110
70.190.110 Program review. (1) The council, and each
network, shall biennially review all state and federal funded
programs serving individuals, families, or communities to
determine whether a network may be better able to integrate
and coordinate these services within the community.
(2) The council, and each network, shall specifically
review the feasibility and desirability of decategorizing and
granting, all or part of, the following program funds to the
networks:
(a) Consolidated juvenile services;
(b) Family preservation and support services;
(c) Readiness to learn;
(d) Community mobilization;
(e) Violence prevention;
(f) Community-police partnership;
(g) Child care;
(h) Early intervention and educational services, including but not limited to, birth to three, birth to six, early childhood education and assistance, and headstart;
(i) Crisis residential care;
(j) Victims’ assistance;
(k) Foster care;
(l) Adoption support;
(m) Continuum of care; and
(n) Drug and alcohol abuse prevention and early intervention in schools.
[Title 70 RCW—page 496]
(3) In determining the desirability of decategorizing
these programs the report shall analyze whether:
(a) The program is an integral part of the comprehensive
plan without decategorization;
(b) The program is already adequately integrated and
coordinated with other programs that are, or will be, funded
by the network;
(c) The network could develop the capacity to provide
the program’s services;
(d) The program goals might receive greater community
support and reinforcement through the network;
(e) The program presently ensures that adequate followup efforts are utilized, and whether the network could
improve on those efforts through decategorization of the
funds;
(f) The decategorization would benefit the community;
and
(g) The decategorization would assist the network in
achieving its goals.
(4) If the council or a network determines that a program
should not be decategorized, the council or network shall
make recommendations regarding programmatic changes
that are necessary to improve the coordination and integration of services and programs, regardless of the funding
source for those programs. [1998 c 245 § 124; 1994 sp.s. c 7
§ 308.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Office of financial management, recommended legislation: RCW 43.41.190.
70.190.120
70.190.120 Interagency agreement. (1) The participating state agencies shall execute an interagency agreement
to ensure the coordination of their local program efforts
regarding children. This agreement shall recognize and give
specific planning, coordination, and program administration
responsibilities to community networks, after the approval
under RCW 70.190.130 of their comprehensive plans. The
community networks shall encourage the development of
integrated, regionally based children, youth, and family
activities and services with adequate local flexibility to
accomplish the purposes stated in section 101, chapter 7,
Laws of 1994 sp. sess. and RCW 74.14A.020.
(2) The community networks shall exercise the planning,
coordinating, and program administration functions specified
by the state interagency agreement in addition to other activities required by law, and shall participate in the planning
process required by chapter 71.36 RCW.
(3) Any state or federal funds identified for contracts
with community networks shall be transferred with no reductions. [1994 sp.s. c 7 § 309.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.130 Comprehensive plan—Approval process—Network expenditures—Penalty for noncompliance with chapter. (1) The council shall only disburse funds
to a network after a comprehensive plan has been prepared by
the network and approved by the council. In approving the
plan the council shall consider whether the network:
(a) Promoted input from the widest practical range of
agencies and affected parties, including public hearings;
70.190.130
(2006 Ed.)
Family Policy Council
(b) Reviewed the indicators of violence data compiled by
the local public health departments and incorporated a
response to those indicators in the plan;
(c) Obtained a declaration by the largest health department within the network boundary, indicating whether the
plan meets minimum standards for assessment and policy
development relating to social development according to
RCW 43.70.555;
(d) Included a specific mechanism of data collection and
transmission based on the rules established under RCW
43.70.555;
(e) Considered all relevant causes of violence in its community and did not isolate only one or a few of the elements
to the exclusion of others and demonstrated evidence of
building community capacity through effective neighborhood and community development;
(f) Considered youth employment and job training programs outlined in this chapter as a strategy to reduce the rate
of at-risk children and youth;
(g) Integrated local programs that met the network’s priorities and were deemed successful by the network;
(h) Committed to make measurable reductions in the rate
of at-risk children and youth by reducing the rate of statefunded out-of-home placements and make reductions in at
least three of the following rates of youth: Violent criminal
acts, substance abuse, pregnancy and male parentage, suicide
attempts, dropping out of school, child abuse or neglect, and
domestic violence; and
(i) Held a public hearing on its proposed comprehensive
plan and submitted to the council all of the written comments
received at the hearing and a copy of the minutes taken at the
hearing.
(2) The council may establish a maximum amount to be
expended by a network for purposes of planning and administrative duties, that shall not, in total, exceed ten percent of
funds available to a network. The council shall make recommendations to the legislature regarding the specific maximum amounts that can be spent by a network or group of networks on planning and administrative duties. The recommendation may provide differing percentages, considering the
size of the budgets of each network and giving consideration
to whether there should be a higher percentage for administrative and planning purposes in budgets for smaller networks
and a smaller percentage of the budgets for administration
and planning purposes in larger networks.
(3) The council may determine that a network is not in
compliance with this chapter if it fails to comply with statutory requirements. Upon a determination of noncompliance,
the council may suspend or revoke a network’s status or contract and specify a process and deadline for the network’s
compliance. [1998 c 314 § 13; 1996 c 132 § 8; 1994 sp.s. c 7
§ 310.]
Effective dates—1996 c 132 §§ 7, 8: See note following RCW
70.190.090.
Intent—Construction—Severability—1996 c 132: See notes following RCW 70.190.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Office of financial management, fund distribution formula: RCW 43.41.195.
(2006 Ed.)
70.190.190
70.190.150
70.190.150 Federal restrictions on funds transfers,
waivers. If there exist any federal restrictions against the
transfer of funds, for the programs enumerated in RCW
70.190.110, to the community networks, the council shall
assist the governor in immediately applying to the federal
government for waivers of the federal restrictions. The council shall also assist the governor in coordinating efforts to
make any changes in federal law necessary to meet the purpose and intent of chapter 7, Laws of 1994 sp. sess. [1994
sp.s. c 7 § 312.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.160
70.190.160 Community networks—Implementation
in federal and state plans. The implementation of community networks shall be included in all federal and state plans
affecting the state’s children, youth, and families. The plans
shall be consistent with the intent and requirements of this
chapter. [1994 sp.s. c 7 § 314.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.170
70.190.170 Transfer of funds and programs to state
agency. If a community network is unable or unwilling to
assume powers and duties authorized under this chapter by
June 30, 1998, or the Washington state institute for public
policy makes a recommendation under RCW 70.190.050, the
governor may transfer all funds and programs available to a
community network to a single state agency whose statutory
purpose, mission, goals, and operating philosophy most
closely supports the principles and purposes of section 101,
chapter 7, Laws of 1994 sp. sess. and RCW 74.14A.020, for
the purpose of integrating the programs and services. [1994
sp.s. c 7 § 320.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.180
70.190.180 Community network—Grants for use of
school facilities. A community public health and safety network, based on rules adopted by the department of health,
may include in its comprehensive community plans procedures for providing matching grants to school districts to support expanded use of school facilities for after-hours recreational opportunities and day care as authorized under chapter 28A.215 RCW and RCW 28A.620.010. [1994 sp.s. c 7 §
604.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
70.190.190
70.190.190 Network members immune from civil liability—Network assets not subject to attachment or execution. (1) The network members are immune from all civil
liability arising from their actions done in their decision-making capacity as a network member, except for their intentional tortious acts or acts of official misconduct.
(2) The assets of a network are not subject to attachment
or execution in satisfaction of a judgment for the tortious acts
or official misconduct of any network member or for the acts
of any agency or program to which it provides funds. [1996
c 132 § 9.]
[Title 70 RCW—page 497]
70.190.910
Title 70 RCW: Public Health and Safety
Intent—Construction—Severability—1996 c 132: See notes following RCW 70.190.010.
70.190.910
70.190.910 Severability—1992 c 198. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1992 c 198 § 20.]
70.190.920
70.190.920 Effective date—1992 c 198. Sections 1
through 13 of this act shall take effect July 1, 1992. [1992 c
198 § 21.]
Chapter 70.195
Chapter 70.195 RCW
EARLY INTERVENTION SERVICES—
BIRTH TO SIX
Sections
70.195.005
70.195.010
70.195.020
70.195.030
70.195.900
Findings.
Birth-to-six interagency coordinating council—Early intervention services—Conditions and limitations.
Birth-to-six interagency coordinating council—Coordination
with counties and communities.
Early intervention services—Interagency agreements.
Severability—1992 c 198.
70.195.005
70.195.005 Findings. The legislature finds that there is
an urgent and substantial need to:
(1) Enhance the development of infants and toddlers
with disabilities in the state of Washington in order to minimize developmental delay and maximize individual potential
and enhance the capability of families to meet the needs of
their infants and toddlers with disabilities and maintain family integrity;
(2) Coordinate and enhance the state’s existing early
intervention services to ensure a statewide, communitybased, coordinated, interagency program of early intervention services for infants and toddlers with disabilities and
their families; and
(3) Facilitate the coordination of payment for early intervention services from federal, state, local, and private sources
including public and private insurance coverage. [1992 c 198
§ 14.]
Nothing in this chapter shall be construed to permit the
restriction or reduction of eligibility under Title V of the
Social Security Act, P.L. 90-248, relating to maternal and
child health or Title XIX of the Social Security Act, P.L. 8997, relating to medicaid for infants and toddlers with disabilities. [1998 c 245 § 125; 1992 c 198 § 15.]
70.195.020
70.195.020 Birth-to-six interagency coordinating
council—Coordination with counties and communities.
The state birth-to-six interagency coordinating council shall
identify and work with county early childhood interagency
coordinating councils to coordinate and enhance existing
early intervention services and assist each community to
meet the needs of infants and toddlers with disabilities and
their families. [1992 c 198 § 17.]
70.195.030
70.195.030 Early intervention services—Interagency
agreements. State agencies providing or paying for early
intervention services shall enter into formal interagency
agreements with each other and where appropriate, with
school districts, counties, and other providers, to define their
relationships and financial and service responsibilities. Local
agencies or entities, including local school districts, counties,
and service providers receiving public money for providing
or paying for early intervention services shall enter into formal interagency agreements with each other that define their
relationships and financial responsibilities to provide services within each county. In establishing priorities, school
districts, counties, and other service providers shall give due
regard to the needs of children birth to three years of age and
shall ensure that they continue to participate in providing services and collaborate with each other. The interagency
agreements shall include procedures for resolving disputes,
provisions for establishing maintenance requirements, and all
additional components necessary to ensure collaboration and
coordination. [1992 c 198 § 16.]
70.195.900
70.195.900 Severability—1992 c 198.
70.190.910.
Chapter 70.198
70.195.010
70.195.010 Birth-to-six interagency coordinating
council—Early intervention services—Conditions and
limitations. For the purposes of implementing this chapter,
the governor shall appoint a state birth-to-six interagency
coordinating council and ensure that state agencies involved
in the provision of, or payment for, early intervention services to infants and toddlers with disabilities and their families shall coordinate and collaborate in the planning and
delivery of such services.
No state or local agency currently providing early intervention services to infants and toddlers with disabilities may
use funds appropriated for early intervention services for
infants and toddlers with disabilities to supplant funds from
other sources.
All state and local agencies shall ensure that the implementation of this chapter will not cause any interruption in
existing early intervention services for infants and toddlers
with disabilities.
[Title 70 RCW—page 498]
See RCW
Chapter 70.198 RCW
EARLY INTERVENTION SERVICES—
HEARING LOSS
Sections
70.198.010
70.198.020
70.198.030
70.198.040
Findings.
Advisory council—Membership.
Development of early intervention service standards.
Hearing loss pamphlet.
70.198.010
70.198.010 Findings. (1) The legislature finds that children who are deaf or hard of hearing and their families have
unique needs specific to the hearing loss. These unique needs
reflect the challenges children with hearing loss and their
families encounter related to their lack of full access to auditory communication.
(2) The legislature further finds that early detection of
hearing loss in a child and early intervention and treatment
have been demonstrated to be highly effective in facilitating
a child’s healthy development in a manner consistent with the
child’s age and cognitive ability.
(2006 Ed.)
Donations for Children
(3) These combined factors support the need for early
intervention services providers with specialized training and
expertise, spanning the spectrum of available approaches and
educational options, who can address the unique characteristics and needs of each child who is deaf or hard of hearing
and that child’s family. [2004 c 47 § 1.]
70.198.020 Advisory council—Membership. (1)
There is established an advisory council in the department of
social and health services for the purpose of advancing the
development of a comprehensive and effective statewide system to provide prompt and effective early interventions for
children in the state who are deaf or hard of hearing and their
families.
(2) Members of the advisory council shall have training,
experience, or interest in hearing loss in children. Membership shall include, but not be limited to, the following: Pediatricians; audiologists; teachers of the deaf and hard of hearing; parents of children who are deaf or hard of hearing; a
representative from the Washington state school for the deaf;
and representatives of the infant toddler early intervention
program in the department of social and health services, the
department of health, and the office of the superintendent of
public instruction. [2004 c 47 § 2.]
70.198.020
70.198.030
70.198.030 Development of early intervention service
standards. (1) The advisory council shall develop statewide
standards for early intervention services and early intervention services providers specifically related to children who
are deaf or hard of hearing.
(2) The advisory council shall develop these standards
by January 1, 2005. [2004 c 47 § 3.]
70.198.040 Hearing loss pamphlet. (1) The advisory
council shall create a pamphlet to be provided to the parents
of a child in the state who is diagnosed with hearing loss by
their child’s pediatrician or audiologist, as appropriate, upon
diagnosis of hearing loss. The pamphlet shall contain, at
minimum, information on the following: The variety of
interventions and treatments available for children who are
deaf or hard of hearing; and resources for parent support,
counseling, financing, and education related to hearing loss
in children.
(2) The pamphlet shall be available for distribution by
July 1, 2005. [2004 c 47 § 4.]
70.210.020
behalf of or in conjunction with a charitable nonprofit organization, which distributes children’s items to needy persons
free of charge and includes any nonprofit organization that
distributes children’s items free of charge to other nonprofit
organizations or the public. A public health agency shall not
otherwise be considered a distributing organization for purposes of this chapter when it is carrying out other functions
and responsibilities under Title 70 RCW.
(2) "Donor" means a person, corporation, association, or
other organization that donates children’s items to a distributing organization or a person, corporation, association, or
other organization that repairs or updates such donated items
to current standards. Donor also includes any person, corporation, association, or other organization which donates any
space in which storage or distribution of children’s items
takes place.
(3) "Children’s items" include, but are not limited to,
clothes, diapers, food, baby formula, cribs, playpens, car seat
restraints, toys, high chairs, and books. [1997 c 40 § 1; 1994
c 25 § 1.]
70.200.020
70.200.020 Immunity from liability. Donors and distributing organizations are not liable for civil damages or
criminal penalties resulting from the nature, age, condition,
or packaging of the donated children’s items unless a donor
or distributing organization acts with gross negligence or
intentional misconduct. [1994 c 25 § 2.]
70.200.030
70.200.030 Construction—Liability, penalty. Nothing in this chapter may be construed to create any liability of,
or penalty against a donor or distributing organization except
as provided in RCW 70.200.020. [1994 c 25 § 3.]
70.198.040
Chapter 70.200
Chapter 70.200 RCW
DONATIONS FOR CHILDREN
70.200.010
Definitions.
Immunity from liability.
Construction—Liability, penalty.
Severability—1994 c 25.
70.200.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Distributing organization" means a charitable nonprofit organization under 26 U.S.C. Sec. 501(c) of the federal
internal revenue code, or a public health agency acting on
(2006 Ed.)
70.200.900 Severability—1994 c 25. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 25 § 4.]
Chapter 70.210 RCW
INVESTING IN INNOVATION GRANTS PROGRAM
Chapter 70.210
Sections
70.210.010
70.210.020
70.210.030
70.210.040
70.210.050
70.210.060
70.210.070
Sections
70.200.010
70.200.020
70.200.030
70.200.900
70.200.900
Intent.
Definitions.
Assessments.
Grant award criteria.
Peer review committee—Support of research commercialization opportunities—Grant awards, priority, eligibility.
Performance benchmarks, review, report.
Administration.
70.210.010
70.210.010 Intent. It is the intent of the legislature to
promote growth in the technology sectors of our state’s economy and to particularly focus support on the creation and
commercialization of intellectual property in the technology,
energy, and telecommunications industries. [2003 c 403 § 1.]
70.210.020
70.210.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
[Title 70 RCW—page 499]
70.210.030
Title 70 RCW: Public Health and Safety
(1) "Center" means the Washington technology center
established under RCW 28B.20.283 through 28B.20.295.
(2) "Board" means the board of directors for the center.
[2003 c 403 § 2.]
(2) Not more than one percent of the available funds
from the *investing in innovation account may be used for
administrative costs of the program. [2003 c 403 § 8.]
*Reviser’s note: The section creating the investing in innovation
account, 2003 c 403 § 3, was vetoed by the governor.
70.210.030
70.210.030 Assessments. (1) The investing in innovation grants program is established.
(2) The center shall periodically make strategic assessments of the types of state investments in research and technology in this state that would likely create jobs and business
opportunities and produce the most beneficial long-term
improvements to the lives and health of the citizens of the
state. The assessments shall be available to the public and
shall be used to guide decisions on awarding grants under this
chapter. [2003 c 403 § 4.]
70.210.040
70.210.040 Grant award criteria. The board shall:
(1) Develop criteria for the awarding of grants to qualifying universities, institutions, businesses, or individuals;
(2) Make decisions regarding distribution of grant funds
and make grant awards; and
(3) In making grant awards, seek to provide a balance
between research grant awards and commercialization grant
awards. [2003 c 403 § 5.]
70.210.050
70.210.050 Peer review committee—Support of
research commercialization opportunities—Grant
awards, priority, eligibility. (1) The board may accept grant
proposals and establish a competitive process for the awarding of grants.
(2) The board shall establish a peer review committee to
include board members, scientists, engineers, and individuals
with specific recognized expertise. The peer review committee shall provide to the board an independent peer review of
all proposals determined to be competitive for a grant award
that are submitted to the board.
(3) In the awarding of grants, priority shall be given to
proposals that leverage additional private and public funding
resources.
(4) Up to fifty percent of available funds from the
*investing in innovation account may be used to support
commercialization opportunities for research in Washington
state through an organization with commercialization expertise such as the Spokane intercollegiate research and technology institute.
(5) The center may not be a direct recipient of grant
awards under chapter 403, Laws of 2003. [2003 c 403 § 6.]
Chapter 70.220 RCW
WASHINGTON ACADEMY OF SCIENCES
Chapter 70.220
Sections
70.220.010
70.220.020
70.220.030
70.220.040
70.220.050
70.220.060
Finding—Purpose.
Washington academy of sciences to assist governor, legislature—Duty of state scientists not diminished.
Organizing committee, staff support—Organizational structure.
Duties—Review panels—Funding.
Additional services permitted.
Funding report required by April 30, 2007.
70.220.010
70.220.010 Finding—Purpose. The legislature finds
that public policies and programs will be improved when
informed by independent scientific analysis and communication with state and local policymakers. Throughout the state
there are highly qualified persons in a wide range of scientific
disciplines who are willing to contribute their time and expertise in such reviews, but that presently there is lacking an
organizational structure in which the entire scientific community may most effectively respond to requests for assessments
of complex public policy questions. Therefore it is the purpose of chapter 305, Laws of 2005 to authorize the creation of
the Washington academy of sciences as a nonprofit entity
independent of government, whose principal mission will be
the provision of scientific analysis and recommendations on
questions referred to the academy by the governor, the governor’s designee, or the legislature. [2005 c 305 § 1.]
70.220.020
70.220.020 Washington academy of sciences to assist
governor, legislature—Duty of state scientists not diminished. The Washington academy of sciences authorized to be
formed under RCW 70.220.030 shall serve as a principal
source of scientific investigation, examination, and reporting
on scientific questions referred to the academy by the governor or the legislature under the provisions of RCW
70.220.040. Nothing in this section or this chapter supersedes or diminishes the responsibilities performed by scientists employed by the state or its political subdivisions. [2005
c 305 § 2.]
70.220.030
*Reviser’s note: The section creating the investing in innovation
account, 2003 c 403 § 3, was vetoed by the governor.
70.210.060
70.210.060 Performance benchmarks, review,
report. The board shall establish performance benchmarks
against which the program will be evaluated. The grants program shall be reviewed periodically by the board. The board
shall report annually to the appropriate standing committees
of the legislature on grants awarded and as appropriate on
program reviews conducted by the board. [2003 c 403 § 7.]
70.210.070
70.210.070 Administration. (1) The center shall
administer the investing in innovation grants program.
[Title 70 RCW—page 500]
70.220.030 Organizing committee, staff support—
Organizational structure. (1) The presidents of the University of Washington and Washington State University shall
jointly form and serve as the cochairs of an organizing committee for the purpose of creating the Washington academy
of sciences as an independent entity to carry out the purposes
of this chapter. The committee should be representative of
appropriate disciplines from the academic, private, governmental, and research sectors.
(2) Staff from the University of Washington and Washington State University, and from other available entities,
shall provide support to the organizing committee under the
direction of the cochairs.
(2006 Ed.)
Washington Academy of Sciences
(3)(a) The committee shall investigate organizational
structures that will ensure the participation or membership in
the academy of scientists and experts with distinction in their
fields, and that will ensure broad participation among the several disciplines that may be called upon in the investigation,
examination, and reporting upon questions referred to the
academy by the governor or the legislature.
(b) The organizational structure shall include a process
by which the academy responds to inquiries from the governor or the legislature, including but not limited to the identification of research projects, past or present, at Washington
or other research institutions and the findings of such
research projects.
(4) The committee cochairs shall use their best efforts to
form the committee by January 1, 2006, and to complete the
committee’s review by April 30, 2007. By April 30, 2007,
the committee, or such individuals as the committee selects,
shall file articles of incorporation to create the academy as a
Washington independent organizational entity. The articles
shall expressly recognize the power and responsibility of the
academy to provide services as described in RCW
70.220.040 upon request of the governor, the governor’s designee, or the legislature. The articles shall also provide for a
board of directors of the academy that includes distinguished
scientists from the range of disciplines that may be called
upon to provide such services to the state and its political subdivisions, and provide a balance of representation from the
academic, private, governmental, and research sectors.
(5) The articles shall provide for all such powers as may
be appropriate or necessary to carry out the academy’s purposes under this chapter, to the full extent allowable under
the proposed organizational structure. [2005 c 305 § 3.]
70.220.060
funding in support of the academy’s programs and services in
a report to the governor and the appropriate committees of the
senate and house of representatives no later than April 30,
2007. [2005 c 305 § 6.]
70.220.040
70.220.040 Duties—Review panels—Funding. (1)
The academy shall investigate, examine, and report on any
subject of science requested by the governor, the governor’s
designee, or the legislature. The procedures for selecting
panels of experts to respond to such requests shall be set forth
in the bylaws or other appropriate operating guidelines. In
forming review panels, the academy shall endeavor to assure
that the panel members have no conflicts of interest and that
proposed panelists first disclose any advocacy positions or
financial interest related to the questions to be addressed by
the panel that the candidate has held within the past ten years.
(2) The governor shall provide funding to the academy
for the actual expense of such investigation, examination, and
reports. Such funding shall be in addition to state funding
assistance to the academy in its initial years of operation as
described in RCW 70.220.060. [2005 c 305 § 4.]
70.220.050
70.220.050 Additional services permitted. The academy may carry out functions or provide services to its members and the public in addition to the services provided under
RCW 70.220.040, such as public education programs, newsletters, web sites, science fairs, and research assistance.
[2005 c 305 § 5.]
70.220.060
70.220.060 Funding report required by April 30,
2007. The organizational committee shall recommend procedures and funding requirements for receiving and disbursing
(2006 Ed.)
[Title 70 RCW—page 501]
Title 71
Title 71
MENTAL ILLNESS
Chapters
71.02 Mental illness—Reimbursement of costs for
treatment.
71.05 Mental illness.
71.06 Sexual psychopaths.
71.09 Sexually violent predators.
71.12 Private establishments.
71.20 Local funds for community services.
71.24 Community mental health services act.
71.28 Mental health and developmental disabilities services—Interstate contracts.
71.32 Mental health advance directives.
71.34 Mental health services for minors.
71.36 Coordination of children’s mental health services.
71.98 Construction.
Commitment to veterans’ administration or other federal agency: RCW
73.36.165.
71.02.900 Construction and purpose—1959 c 25. The
provisions of this chapter shall be liberally construed so that
persons who are in need of care and treatment for mental illness shall receive humane care and treatment and be restored
to normal mental condition as rapidly as possible with an
avoidance of loss of civil rights where not necessary, and
with as little formality as possible, still preserving all rights
and all privileges of the person as guaranteed by the Constitution. [1959 c 25 § 71.02.900. Prior: 1951 c 139 § 1; 1949
c 198 § 1; Rem. Supp. 1949 § 6953-1.]
71.02.900
Chapter 71.05
Alcoholism, intoxication, and drug addiction treatment: Chapters 70.96 and
70.96A RCW.
Children’s center for research and training in mental retardation: RCW
28B.20.410 through 28B.20.414.
County hospitals: Chapter 36.62 RCW.
Harrison Memorial Hospital: RCW 72.29.010.
Sections
71.05.010
71.05.012
71.05.020
71.05.025
Interstate compact on mental health: Chapter 72.27 RCW.
Jurisdiction over Indians concerning mental illness: Chapter 37.12 RCW.
71.05.026
Mental health: Chapter 72.06 RCW.
71.05.027
Nonresident mentally ill, sexual psychopaths, and psychopathic delinquents:
Chapter 72.25 RCW.
State hospitals for mentally ill: Chapter 72.23 RCW.
Chapter 71.02 RCW
MENTAL ILLNESS—REIMBURSEMENT OF
COSTS FOR TREATMENT
Chapter 71.02
71.05.030
71.05.032
71.05.040
71.05.050
Commitment to veterans’ administration or other federal agency: RCW
73.36.165.
71.05.100
71.05.110
71.05.120
71.05.130
71.05.132
71.05.135
71.05.137
71.05.140
71.05.145
71.05.150
Criminally insane—Procedures, rights, and responsibilities: Chapter 10.77
RCW.
71.05.157
Sections
71.02.490
71.02.900
Authority over patient—Federal agencies, private establishments.
Construction and purpose—1959 c 25.
Guardianship of estate or person: Chapters 11.88 and 11.92 RCW.
State hospitals for mentally ill: Chapter 72.23 RCW.
71.05.160
71.05.170
71.05.180
71.05.190
Voluntary patients: RCW 72.23.080 through 72.23.120.
71.05.210
Mental illness: Chapter 71.05 RCW.
71.02.490
71.02.490 Authority over patient—Federal agencies,
private establishments. The United States veterans’ administration, or other United States government agency, or the
chief officer of a private facility shall have the same powers
as are conferred upon the superintendent of a state hospital
with reference to retention, transfer, parole, or discharge of
mentally ill persons ordered hospitalized in their facilities.
[1959 c 25 § 71.02.490. Prior: 1951 c 139 § 26.]
(2006 Ed.)
Chapter 71.05 RCW
MENTAL ILLNESS
71.05.212
71.05.214
71.05.215
71.05.217
71.05.220
71.05.230
71.05.232
71.05.235
71.05.237
Legislative intent.
Legislative intent and finding.
Definitions.
Integration with chapter 71.24 RCW—Regional support networks.
Regional support networks contracts—Limitation on state liability.
Integrated comprehensive screening and assessment for chemical dependency and mental disorders.
Commitment laws applicable.
Joinder of petitions for commitment.
Detention or judicial commitment of persons who are developmentally disabled, impaired by chronic alcoholism or drug
abuse, or suffering from dementia.
Voluntary application for mental health services—Rights—
Review of condition and status—Detention—Person refusing voluntary admission, temporary detention.
Financial responsibility.
Compensation of appointed counsel.
Exemptions from liability.
Duties of prosecuting attorney and attorney general.
Court-ordered treatment—Required notifications.
Mental health commissioners—Appointment.
Mental health commissioners—Authority.
Records maintained.
Dangerous mentally ill offenders—Less restrictive alternative.
Detention of mentally disordered persons for evaluation and
treatment—Procedure.
Evaluation by designated mental health professional—When
required—Required notifications.
Petition for initial detention.
Acceptance of petition—Notice—Duty of state hospital.
Detention period for evaluation and treatment.
Persons not admitted—Transportation—Detention of arrested
person pending return to custody.
Evaluation—Treatment and care—Release or other disposition.
Evaluation—Consideration of information and records.
Protocols—Development—Submission to governor and legislature.
Right to refuse antipsychotic medicine—Rules.
Rights—Posting of list.
Property of committed person.
Procedures for additional treatment.
Discharge reviews—Consultations, notifications required.
Examination, evaluation of criminal defendant—Hearing.
Judicial proceedings—Court to enter findings when recommendations of professional person not followed.
[Title 71 RCW—page 1]
71.05.010
71.05.240
71.05.245
71.05.260
71.05.270
71.05.280
71.05.285
71.05.290
71.05.300
71.05.310
71.05.320
71.05.325
71.05.330
71.05.335
71.05.340
71.05.350
71.05.360
71.05.380
71.05.390
71.05.420
71.05.425
71.05.427
71.05.440
71.05.445
71.05.500
71.05.510
71.05.520
71.05.525
71.05.530
71.05.560
71.05.5601
71.05.5602
71.05.570
71.05.575
71.05.620
71.05.630
71.05.640
71.05.660
71.05.680
71.05.690
71.05.900
71.05.910
71.05.920
71.05.930
71.05.940
Title 71 RCW: Mental Illness
Petition for involuntary treatment or alternative treatment—
Probable cause hearing.
Determination of likelihood of serious harm—Use of recent
history evidence.
Release from involuntary intensive treatment—Exception.
Temporary release.
Additional confinement—Grounds.
Additional confinement—Prior history evidence.
Petition for additional confinement—Affidavit.
Filing of petition—Appearance—Notice—Advice as to
rights—Appointment of representative.
Time for hearing—Due process—Jury trial—Continuation of
treatment.
Remand for additional treatment—Duration—Developmentally disabled—Grounds—Hearing.
Release—Authorized leave—Notice to prosecuting attorney.
Early release—Notice to court and prosecuting attorney—
Petition for hearing.
Modification of order for inpatient treatment—Intervention by
prosecuting attorney.
Outpatient treatment or care—Conditional release—Procedures for revocation.
Assistance to released persons.
Rights of involuntarily detained persons.
Rights of voluntarily committed persons.
Confidential information and records—Disclosure.
Records of disclosure.
Persons committed following dismissal of sex, violent, or felony harassment offense—Notification of conditional
release, final release, leave, transfer, or escape—To whom
given—Definitions.
Persons committed following dismissal of sex offense—
Release of information authorized.
Action for unauthorized release of confidential information—
Liquidated damages—Treble damages—Injunction.
Mental health services information—Release to department of
corrections—Initial assessment inquiry—Required notifications—Rules.
Liability of applicant.
Damages for excessive detention.
Protection of rights—Staff.
Transfer of person committed to juvenile correction institution
to institution or facility for mentally ill juveniles.
Facilities part of comprehensive mental health program.
Adoption of rules.
Rule making—Medicaid—Secretary of corrections—Secretary of social and health services.
Rule making—Chapter 214, Laws of 1999—Secretary of corrections—Secretary of social and health services.
Rules of court.
Less restrictive alternative treatment—Consideration by court.
Court files and records closed—Exceptions.
Treatment records—Confidential—Release.
Treatment records—Access procedures.
Treatment records—Privileged communications unaffected.
Treatment records—Access under false pretenses, penalty.
Treatment records—Rules.
Severability—1973 1st ex.s. c 142.
Construction—1973 1st ex.s. c 142.
Section headings not part of the law.
Effective date—1973 1st ex.s. c 142.
Equal application of 1989 c 420—Evaluation for developmental disability.
Rules of court: Cf. Superior Court Mental Proceedings Rules (MPR).
Reviser’s note: The department of social and health services filed an
emergency order, WSR 89-20-030, effective October 1, 1989, establishing
rules for the recognition and certification of regional support networks. A
final order was filed on January 24, 1990, effective January 25, 1990.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Implementation of chapter through regional support networks: RCW
71.24.310.
Minors—Mental health services, commitment: Chapter 71.34 RCW.
71.05.010 Legislative intent. The provisions of this
chapter are intended by the legislature:
(1) To prevent inappropriate, indefinite commitment of
mentally disordered persons and to eliminate legal disabilities that arise from such commitment;
71.05.010
[Title 71 RCW—page 2]
(2) To provide prompt evaluation and timely and appropriate treatment of persons with serious mental disorders;
(3) To safeguard individual rights;
(4) To provide continuity of care for persons with serious
mental disorders;
(5) To encourage the full use of all existing agencies,
professional personnel, and public funds to prevent duplication of services and unnecessary expenditures;
(6) To encourage, whenever appropriate, that services be
provided within the community;
(7) To protect the public safety. [1998 c 297 § 2; 1997 c
112 § 2; 1989 c 120 § 1; 1973 1st ex.s. c 142 § 6.]
Effective dates—1998 c 297: "This act takes effect July 1, 1998, except
for sections 18, 35, 38, and 39 of this act, which take effect March 1, 1999."
[1998 c 297 § 53.]
Severability—1998 c 297: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 297 § 58.]
Intent—1998 c 297: "It is the intent of the legislature to: (1) Clarify
that it is the nature of a person’s current conduct, current mental condition,
history, and likelihood of committing future acts that pose a threat to public
safety or himself or herself, rather than simple categorization of offenses,
that should determine treatment procedures and level; (2) improve and clarify the sharing of information between the mental health and criminal justice
systems; and (3) provide additional opportunities for mental health treatment
for persons whose conduct threatens himself or herself or threatens public
safety and has led to contact with the criminal justice system.
The legislature recognizes that a person can be incompetent to stand
trial, but may not be gravely disabled or may not present a likelihood of serious harm. The legislature does not intend to create a presumption that a person who is found incompetent to stand trial is gravely disabled or presents a
likelihood of serious harm requiring civil commitment." [1998 c 297 § 1.]
71.05.012
71.05.012 Legislative intent and finding. It is the
intent of the legislature to enhance continuity of care for persons with serious mental disorders that can be controlled or
stabilized in a less restrictive alternative commitment. Within
the guidelines stated in In Re LaBelle 107 Wn. 2d 196 (1986),
the legislature intends to encourage appropriate interventions
at a point when there is the best opportunity to restore the person to or maintain satisfactory functioning.
For persons with a prior history or pattern of repeated
hospitalizations or law enforcement interventions due to decompensation, the consideration of prior mental history is particularly relevant in determining whether the person would
receive, if released, such care as is essential for his or her
health or safety.
Therefore, the legislature finds that for persons who are
currently under a commitment order, a prior history of decompensation leading to repeated hospitalizations or law
enforcement interventions should be given great weight in
determining whether a new less restrictive alternative commitment should be ordered. [1997 c 112 § 1.]
71.05.020
71.05.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Admission" or "admit" means a decision by a physician that a person should be examined or treated as a patient
in a hospital;
(2) "Antipsychotic medications" means that class of
drugs primarily used to treat serious manifestations of mental
(2006 Ed.)
Mental Illness
illness associated with thought disorders, which includes, but
is not limited to atypical antipsychotic medications;
(3) "Attending staff" means any person on the staff of a
public or private agency having responsibility for the care
and treatment of a patient;
(4) "Commitment" means the determination by a court
that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive
setting;
(5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation
of any of its terms;
(6) "Custody" means involuntary detention under the
provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;
(7) "Department" means the department of social and
health services;
(8) "Designated chemical dependency specialist" means
a person designated by the county alcoholism and other drug
addiction program coordinator designated under RCW
70.96A.310 to perform the commitment duties described in
chapters 70.96A and 70.96B RCW;
(9) "Designated crisis responder" means a mental health
professional appointed by the county or the regional support
network to perform the duties specified in this chapter;
(10) "Designated mental health professional" means a
mental health professional designated by the county or other
authority authorized in rule to perform the duties specified in
this chapter;
(11) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;
(12) "Developmental disabilities professional" means a
person who has specialized training and three years of experience in directly treating or working with persons with
developmental disabilities and is a psychiatrist, psychologist,
or social worker, and such other developmental disabilities
professionals as may be defined by rules adopted by the secretary;
(13) "Developmental disability" means that condition
defined in RCW 71A.10.020(3);
(14) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;
(15) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with
other public or private agencies, emergency evaluation and
treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and
which is certified as such by the department. A physically
separate and separately operated portion of a state hospital
may be designated as an evaluation and treatment facility. A
facility which is part of, or operated by, the department or any
federal agency will not require certification. No correctional
institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;
(16) "Gravely disabled" means a condition in which a
person, as a result of a mental disorder: (a) Is in danger of
serious physical harm resulting from a failure to provide for
his or her essential human needs of health or safety; or (b)
(2006 Ed.)
71.05.020
manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such
care as is essential for his or her health or safety;
(17) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and
maintaining life skills and in raising their levels of physical,
mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person
being assisted as manifested by prior charged criminal conduct;
(18) "History of one or more violent acts" refers to the
period of time ten years prior to the filing of a petition under
this chapter, excluding any time spent, but not any violent
acts committed, in a mental health facility or in confinement
as a result of a criminal conviction;
(19) "Individualized service plan" means a plan prepared
by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:
(a) The nature of the person’s specific problems, prior
charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve
the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to
achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and
due consideration for public safety, the criteria for proposed
movement to less-restrictive settings, criteria for proposed
eventual discharge or release, and a projected possible date
for discharge or release; and
(g) The type of residence immediately anticipated for the
person and possible future types of residences;
(20) "Judicial commitment" means a commitment by a
court pursuant to the provisions of this chapter;
(21) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be
inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict
physical harm on oneself; (ii) physical harm will be inflicted
by a person upon another, as evidenced by behavior which
has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by a person upon the property of
others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or
(b) The person has threatened the physical safety of
another and has a history of one or more violent acts;
(22) "Mental disorder" means any organic, mental, or
emotional impairment which has substantial adverse effects
on a person’s cognitive or volitional functions;
(23) "Mental health professional" means a psychiatrist,
psychologist, psychiatric nurse, or social worker, and such
other mental health professionals as may be defined by rules
adopted by the secretary pursuant to the provisions of this
chapter;
[Title 71 RCW—page 3]
71.05.025
Title 71 RCW: Mental Illness
(24) "Peace officer" means a law enforcement official of
a public agency or governmental unit, and includes persons
specifically given peace officer powers by any state law,
local ordinance, or judicial order of appointment;
(25) "Private agency" means any person, partnership,
corporation, or association that is not a public agency,
whether or not financed in whole or in part by public funds,
which constitutes an evaluation and treatment facility or private institution, or hospital, which is conducted for, or
includes a department or ward conducted for, the care and
treatment of persons who are mentally ill;
(26) "Professional person" means a mental health professional and shall also mean a physician, registered nurse, and
such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(27) "Psychiatrist" means a person having a license as a
physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the
American osteopathic association and is certified or eligible
to be certified by the American board of psychiatry and neurology;
(28) "Psychologist" means a person who has been
licensed as a psychologist pursuant to chapter 18.83 RCW;
(29) "Public agency" means any evaluation and treatment facility or institution, or hospital which is conducted
for, or includes a department or ward conducted for, the care
and treatment of persons who are mentally ill, if the agency is
operated directly by, federal, state, county, or municipal government, or a combination of such governments;
(30) "Registration records" include all the records of the
department, regional support networks, treatment facilities,
and other persons providing services to the department,
county departments, or facilities which identify persons who
are receiving or who at any time have received services for
mental illness;
(31) "Release" means legal termination of the commitment under the provisions of this chapter;
(32) "Resource management services" has the meaning
given in chapter 71.24 RCW;
(33) "Secretary" means the secretary of the department
of social and health services, or his or her designee;
(34) "Social worker" means a person with a master’s or
further advanced degree from an accredited school of social
work or a degree deemed equivalent under rules adopted by
the secretary;
(35) "Treatment records" include registration and all
other records concerning persons who are receiving or who at
any time have received services for mental illness, which are
maintained by the department, by regional support networks
and their staffs, and by treatment facilities. Treatment
records do not include notes or records maintained for personal use by a person providing treatment services for the
department, regional support networks, or a treatment facility
if the notes or records are not available to others;
(36) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property. [2005 c 504 § 104; 2000 c 94 § 1; 1999 c 13
§ 5; 1998 c 297 § 3; 1997 c 112 § 3. Prior: 1989 c 420 § 13;
1989 c 205 § 8; 1989 c 120 § 2; 1979 ex.s. c 215 § 5; 1973 1st
ex.s. c 142 § 7.]
[Title 71 RCW—page 4]
Alphabetization—Correction of references—2005 c 504: "(1) The
code reviser shall alphabetize and renumber the definitions, and correct any
internal references affected by this act.
(2) The code reviser shall replace all references to "county designated
mental health professional" with "designated mental health professional" in
the Revised Code of Washington." [2005 c 504 § 811.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.025
71.05.025 Integration with chapter 71.24 RCW—
Regional support networks. The legislature intends that the
procedures and services authorized in this chapter be integrated with those in chapter 71.24 RCW to the maximum
extent necessary to assure a continuum of care to persons
who are mentally ill or who have mental disorders, as defined
in either or both this chapter and chapter 71.24 RCW. To this
end, regional support networks established in accordance
with chapter 71.24 RCW shall institute procedures which
require timely consultation with resource management services by *county-designated mental health professionals and
evaluation and treatment facilities to assure that determinations to admit, detain, commit, treat, discharge, or release
persons with mental disorders under this chapter are made
only after appropriate information regarding such person’s
treatment history and current treatment plan has been sought
from resource management services. [2000 c 94 § 2; 1989 c
205 § 9.]
*Reviser’s note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental
health professional" by 2005 c 504 § 104.
Evaluation of transition to regional systems—1989 c 205: See note
following RCW 71.24.015.
71.05.026
71.05.026 Regional support networks contracts—
Limitation on state liability. (1) Except for monetary damage claims which have been reduced to final judgment by a
superior court, this section applies to all claims against the
state, state agencies, state officials, or state employees that
exist on or arise after March 29, 2006.
(2) Except as expressly provided in contracts entered
into between the department and the regional support networks after March 29, 2006, the entities identified in subsection (3) of this section shall have no claim for declaratory
relief, injunctive relief, judicial review under chapter 34.05
RCW, or civil liability against the state or state agencies for
actions or inactions performed pursuant to the administration
of this chapter with regard to the following: (a) The allocation or payment of federal or state funds; (b) the use or allocation of state hospital beds; or (c) financial responsibility for
the provision of inpatient mental health care.
(3) This section applies to counties, regional support networks, and entities which contract to provide regional support network services and their subcontractors, agents, or
employees. [2006 c 333 § 301.]
Finding—Purpose—Intent—Severability—Part headings not
law—Effective dates—2006 c 333: See notes following RCW 71.24.016.
(2006 Ed.)
Mental Illness
71.05.027
71.05.027 Integrated comprehensive screening and
assessment for chemical dependency and mental disorders. (1) Not later than January 1, 2007, all persons providing treatment under this chapter shall also implement the
integrated comprehensive screening and assessment process
for chemical dependency and mental disorders adopted pursuant to RCW 70.96C.010 and shall document the numbers
of clients with co-occurring mental and substance abuse disorders based on a quadrant system of low and high needs.
(2) Treatment providers and regional support networks
who fail to implement the integrated comprehensive screening and assessment process for chemical dependency and
mental disorders by July 1, 2007, shall be subject to contractual penalties established under RCW 70.96C.010. [2005 c
504 § 103.]
Findings—Intent—2005 c 504: "The legislature finds that persons
with mental disorders, chemical dependency disorders, or co-occurring mental and substance abuse disorders are disproportionately more likely to be
confined in a correctional institution, become homeless, become involved
with child protective services or involved in a dependency proceeding, or
lose those state and federal benefits to which they may be entitled as a result
of their disorders. The legislature finds that prior state policy of addressing
mental health and chemical dependency in isolation from each other has not
been cost-effective and has often resulted in longer-term, more costly treatment that may be less effective over time. The legislature finds that a substantial number of persons have co-occurring mental and substance abuse
disorders and that identification and integrated treatment of co-occurring disorders is critical to successful outcomes and recovery. Consequently, the
legislature intends, to the extent of available funding, to:
(1) Establish a process for determining which persons with mental disorders and substance abuse disorders have co-occurring disorders;
(2) Reduce the gap between available chemical dependency treatment
and the documented need for treatment;
(3) Improve treatment outcomes by shifting treatment, where possible,
to evidence-based, research-based, and consensus-based treatment practices
and by removing barriers to the use of those practices;
(4) Expand the authority for and use of therapeutic courts including
drug courts, mental health courts, and therapeutic courts for dependency proceedings;
(5) Improve access to treatment for persons who are not enrolled in
medicaid by improving and creating consistency in the application processes, and by minimizing the numbers of eligible confined persons who
leave confinement without medical assistance;
(6) Improve access to inpatient treatment by creating expanded services facilities for persons needing intensive treatment in a secure setting
who do not need inpatient care, but are unable to access treatment under current licensing restrictions in other settings;
(7) Establish secure detoxification centers for persons involuntarily
detained as gravely disabled or presenting a likelihood of serious harm due
to chemical dependency and authorize combined crisis responders for both
mental disorders and chemical dependency disorders on a pilot basis and
study the outcomes;
(8) Slow or stop the loss of inpatient and intensive residential beds and
children’s long-term inpatient placements and refine the balance of state hospital and community inpatient and residential beds;
(9) Improve cross-system collaboration including collaboration with
first responders and hospital emergency rooms, schools, primary care, developmental disabilities, law enforcement and corrections, and federally funded
and licensed programs;
(10) Following the receipt of outcomes from the pilot programs in Part
II of this act, if directed by future legislative enactment, implement a single,
comprehensive, involuntary treatment act with a unified set of standards,
rights, obligations, and procedures for adults and children with mental disorders, chemical dependency disorders, and co-occurring disorders; and
(11) Amend existing state law to address organizational and structural
barriers to effective use of state funds for treating persons with mental and
substance abuse disorders, minimize internal inconsistencies, clarify policy
and requirements, and maximize the opportunity for effective and cost-effective outcomes." [2005 c 504 § 101.]
Severability—2005 c 504: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
(2006 Ed.)
71.05.040
the application of the provision to other persons or circumstances is not
affected." [2005 c 504 § 807.]
Application—Construction—2005 c 504: "This act shall be so
applied and construed as to effectuate its general purpose to make uniform
the law with respect to the subject of this act among those states which enact
it." [2005 c 504 § 808.]
Captions, part headings, subheadings not law—2005 c 504: "Captions, part headings, and subheadings used in this act are not part of the law."
[2005 c 504 § 809.]
Adoption of rules—2005 c 504: "(1) The secretary of the department
of social and health services may adopt rules as necessary to implement the
provisions of this act.
(2) The secretary of corrections may adopt rules as necessary to implement the provisions of this act." [2005 c 504 § 812.]
Effective dates—2005 c 504: "(1) Except for section 503 of this act,
this act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and takes effect July 1, 2005.
(2) Section 503 of this act takes effect July 1, 2006." [2005 c 504 §
813.]
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
71.05.030
71.05.030 Commitment laws applicable. Persons suffering from a mental disorder may not be involuntarily committed for treatment of such disorder except pursuant to provisions of this chapter, chapter 10.77 RCW, chapter 71.06
RCW, chapter 71.34 RCW, transfer pursuant to RCW
72.68.031 through 72.68.037, or pursuant to court ordered
evaluation and treatment not to exceed ninety days pending a
criminal trial or sentencing. [1998 c 297 § 4; 1985 c 354 §
31; 1983 c 3 § 179; 1974 ex.s. c 145 § 4; 1973 2nd ex.s. c 24
§ 2; 1973 1st ex.s. c 142 § 8.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Severability—Effective date—1985 c 354: See RCW 71.34.900 and
71.34.901.
71.05.032
71.05.032 Joinder of petitions for commitment. A
petition for commitment under this chapter may be joined
with a petition for commitment under chapter 70.96A RCW.
[2005 c 504 § 115.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
71.05.040
71.05.040 Detention or judicial commitment of persons who are developmentally disabled, impaired by
chronic alcoholism or drug abuse, or suffering from
dementia. Persons who are developmentally disabled,
impaired by chronic alcoholism or drug abuse, or suffering
from dementia shall not be detained for evaluation and treatment or judicially committed solely by reason of that condition unless such condition causes a person to be gravely disabled or as a result of a mental disorder such condition exists
that constitutes a likelihood of serious harm: Provided however, That persons who are developmentally disabled,
impaired by chronic alcoholism or drug abuse, or suffering
from dementia and who otherwise meet the criteria for detention or judicial commitment are not ineligible for detention or
commitment based on this condition alone. [2004 c 166 § 2;
[Title 71 RCW—page 5]
71.05.050
Title 71 RCW: Mental Illness
1997 c 112 § 4; 1987 c 439 § 1; 1977 ex.s. c 80 § 41; 1975 1st
ex.s. c 199 § 1; 1974 ex.s. c 145 § 5; 1973 1st ex.s. c 142 § 9.]
215 § 6; 1975 1st ex.s. c 199 § 2; 1974 ex.s. c 145 § 6; 1973
1st ex.s. c 142 § 10.]
Severability—2004 c 166: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2004 c 166 § 23.]
*Reviser’s note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental
health professional" by 2005 c 504 § 104.
Effective dates—2004 c 166: "This act takes effect July 1, 2004, except
for sections 6, 20, and 22 of this act, which are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately
[March 26, 2004]." [2004 c 166 § 24.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
71.05.050
71.05.050 Voluntary application for mental health
services—Rights—Review of condition and status—
Detention—Person refusing voluntary admission, temporary detention. Nothing in this chapter shall be construed to
limit the right of any person to apply voluntarily to any public
or private agency or practitioner for treatment of a mental disorder, either by direct application or by referral. Any person
voluntarily admitted for inpatient treatment to any public or
private agency shall be released immediately upon his or her
request. Any person voluntarily admitted for inpatient treatment to any public or private agency shall orally be advised
of the right to immediate discharge, and further advised of
such rights in writing as are secured to them pursuant to this
chapter and their rights of access to attorneys, courts, and
other legal redress. Their condition and status shall be
reviewed at least once each one hundred eighty days for evaluation as to the need for further treatment or possible discharge, at which time they shall again be advised of their
right to discharge upon request: PROVIDED HOWEVER,
That if the professional staff of any public or private agency
or hospital regards a person voluntarily admitted who
requests discharge as presenting, as a result of a mental disorder, an imminent likelihood of serious harm, or is gravely disabled, they may detain such person for sufficient time to
notify the *county designated mental health professional of
such person’s condition to enable the *county designated
mental health professional to authorize such person being
further held in custody or transported to an evaluation and
treatment center pursuant to the provisions of this chapter,
which shall in ordinary circumstances be no later than the
next judicial day: PROVIDED FURTHER, That if a person
is brought to the emergency room of a public or private
agency or hospital for observation or treatment, the person
refuses voluntary admission, and the professional staff of the
public or private agency or hospital regard such person as
presenting as a result of a mental disorder an imminent likelihood of serious harm, or as presenting an imminent danger
because of grave disability, they may detain such person for
sufficient time to notify the *county designated mental health
professional of such person’s condition to enable the *county
designated mental health professional to authorize such person being further held in custody or transported to an evaluation treatment center pursuant to the conditions in this chapter, but which time shall be no more than six hours from the
time the professional staff determine that an evaluation by the
*county designated mental health professional is necessary.
[2000 c 94 § 3; 1998 c 297 § 6; 1997 c 112 § 5; 1979 ex.s. c
[Title 71 RCW—page 6]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.100
71.05.100 Financial responsibility. In addition to the
responsibility provided for by RCW 43.20B.330, any person,
or his or her estate, or his or her spouse, or the parents of a
minor person who is involuntarily detained pursuant to this
chapter for the purpose of treatment and evaluation outside of
a facility maintained and operated by the department shall be
responsible for the cost of such care and treatment. In the
event that an individual is unable to pay for such treatment or
in the event payment would result in a substantial hardship
upon the individual or his or her family, then the county of
residence of such person shall be responsible for such costs.
If it is not possible to determine the county of residence of the
person, the cost shall be borne by the county where the person
was originally detained. The department shall, pursuant to
chapter 34.05 RCW, adopt standards as to (1) inability to pay
in whole or in part, (2) a definition of substantial hardship,
and (3) appropriate payment schedules. Such standards shall
be applicable to all county mental health administrative
boards. Financial responsibility with respect to department
services and facilities shall continue to be as provided in
RCW 43.20B.320 through 43.20B.360 and 43.20B.370.
[1997 c 112 § 6; 1987 c 75 § 18; 1973 2nd ex.s. c 24 § 4; 1973
1st ex.s. c 142 § 15.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
71.05.110
71.05.110 Compensation of appointed counsel. Attorneys appointed for persons pursuant to this chapter shall be
compensated for their services as follows: (1) The person for
whom an attorney is appointed shall, if he or she is financially
able pursuant to standards as to financial capability and indigency set by the superior court of the county in which the proceeding is held, bear the costs of such legal services; (2) if
such person is indigent pursuant to such standards, the costs
of such services shall be borne by the county in which the
proceeding is held, subject however to the responsibility for
costs provided in *RCW 71.05.320(2). [1997 c 112 § 7; 1973
1st ex.s. c 142 § 16.]
*Reviser’s note: RCW 71.05.320 was amended by 2006 c 333 § 304,
changing subsection (2) to subsection (3).
71.05.120
71.05.120 Exemptions from liability. (1) No officer of
a public or private agency, nor the superintendent, professional person in charge, his or her professional designee, or
attending staff of any such agency, nor any public official
performing functions necessary to the administration of this
chapter, nor peace officer responsible for detaining a person
pursuant to this chapter, nor any *county designated mental
health professional, nor the state, a unit of local government,
or an evaluation and treatment facility shall be civilly or
criminally liable for performing duties pursuant to this chapter with regard to the decision of whether to admit, discharge,
release, administer antipsychotic medications, or detain a
(2006 Ed.)
Mental Illness
person for evaluation and treatment: PROVIDED, That such
duties were performed in good faith and without gross negligence.
(2) This section does not relieve a person from giving the
required notices under RCW 71.05.330(2) or
71.05.340(1)(b), or the duty to warn or to take reasonable
precautions to provide protection from violent behavior
where the patient has communicated an actual threat of physical violence against a reasonably identifiable victim or victims. The duty to warn or to take reasonable precautions to
provide protection from violent behavior is discharged if reasonable efforts are made to communicate the threat to the victim or victims and to law enforcement personnel. [2000 c 94
§ 4; 1991 c 105 § 2; 1989 c 120 § 3; 1987 c 212 § 301; 1979
ex.s. c 215 § 7; 1974 ex.s. c 145 § 7; 1973 2nd ex.s. c 24 § 5;
1973 1st ex.s. c 142 § 17.]
*Reviser’s note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental
health professional" by 2005 c 504 § 104.
Severability—1991 c 105: See note following RCW 71.05.215.
71.05.130
71.05.130 Duties of prosecuting attorney and attorney general. In any judicial proceeding for involuntary commitment or detention, or in any proceeding challenging such
commitment or detention, the prosecuting attorney for the
county in which the proceeding was initiated shall represent
the individuals or agencies petitioning for commitment or
detention and shall defend all challenges to such commitment
or detention: PROVIDED, That the attorney general shall
represent and provide legal services and advice to state hospitals or institutions with regard to all provisions of and proceedings under this chapter except in proceedings initiated by
such hospitals and institutions seeking fourteen day detention. [1998 c 297 § 7; 1991 c 105 § 3; 1989 c 120 § 4; 1979
ex.s. c 215 § 8; 1973 1st ex.s. c 142 § 18.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Severability—1991 c 105: See note following RCW 71.05.215.
71.05.132
71.05.132 Court-ordered treatment—Required notifications. When any court orders a person to receive treatment under this chapter, the order shall include a statement
that if the person is, or becomes, subject to supervision by the
department of corrections, the person must notify the treatment provider and the person’s mental health treatment information must be shared with the department of corrections for
the duration of the offender’s incarceration and supervision,
under RCW 71.05.445. Upon a petition by a person who
does not have a history of one or more violent acts, the court
may, for good cause, find that public safety would not be
enhanced by the sharing of this person’s information. [2004
c 166 § 12.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
71.05.145
(1) One or more attorneys to act as mental health commissioners; and
(2) Such investigators, stenographers, and clerks as the
court shall find necessary to carry on the work of the mental
health commissioners.
The appointments provided for in this section shall be
made by a majority vote of the judges of the superior court of
the county and may be in addition to all other appointments
of commissioners and other judicial attaches otherwise
authorized by law. Mental health commissioners and investigators shall serve at the pleasure of the judges appointing
them and shall receive such compensation as the county legislative authority shall determine. The appointments may be
full or part-time positions. A person appointed as a mental
health commissioner may also be appointed to any other
commissioner position authorized by law. [1993 c 15 § 2;
1991 c 363 § 146; 1989 c 174 § 1.]
Effective date—1993 c 15: See note following RCW 26.12.050.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1989 c 174: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 174 § 4.]
71.05.137
71.05.137 Mental health commissioners—Authority.
The judges of the superior court of the county by majority
vote may authorize mental health commissioners, appointed
pursuant to RCW 71.05.135, to perform any or all of the following duties:
(1) Receive all applications, petitions, and proceedings
filed in the superior court for the purpose of disposing of
them pursuant to this chapter;
(2) Investigate the facts upon which to base warrants,
subpoenas, orders to directions in actions, or proceedings
filed pursuant to this chapter;
(3) For the purpose of this chapter, exercise all powers
and perform all the duties of a court commissioner appointed
pursuant to RCW 2.24.010;
(4) Hold hearings in proceedings under this chapter and
make written reports of all proceedings under this chapter
which shall become a part of the record of superior court;
(5) Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding
judge; and
(6) Cause the orders and findings to be entered in the
same manner as orders and findings are entered in cases in
the superior court. [1989 c 174 § 2.]
Severability—1989 c 174: See note following RCW 71.05.135.
71.05.140
71.05.140 Records maintained. A record of all applications, petitions, and proceedings under this chapter shall be
maintained by the county clerk in which the application, petition, or proceeding was initiated. [1973 1st ex.s. c 142 § 19.]
71.05.145
71.05.135
71.05.135 Mental health commissioners—Appointment. In each county the superior court may appoint the following persons to assist the superior court in disposing of its
business: PROVIDED, That such positions may not be created without prior consent of the county legislative authority:
(2006 Ed.)
71.05.145 Dangerous mentally ill offenders—Less
restrictive alternative. The legislature intends that, when
ev aluatin g a per son who is identif ied und er RCW
72.09.370(7), the professional person at the evaluation and
treatment facility shall, when appropriate after consideration
of the person’s mental condition and relevant public safety
[Title 71 RCW—page 7]
71.05.150
Title 71 RCW: Mental Illness
concerns, file a petition for a ninety-day less restrictive alternative in lieu of a petition for a fourteen-day commitment.
[1999 c 214 § 4.]
Intent—Effective date—1999 c 214: See notes following RCW
72.09.370.
71.05.150
71.05.150 Detention of mentally disordered persons
for evaluation and treatment—Procedure. (1)(a) When a
*county designated mental health professional receives information alleging that a person, as a result of a mental disorder:
(i) Presents a likelihood of serious harm; or (ii) is gravely disabled; the *county designated mental health professional
may, after investigation and evaluation of the specific facts
alleged and of the reliability and credibility of any person
providing information to initiate detention, if satisfied that
the allegations are true and that the person will not voluntarily seek appropriate treatment, file a petition for initial detention. Before filing the petition, the *county designated mental
health professional must personally interview the person,
unless the person refuses an interview, and determine
whether the person will voluntarily receive appropriate evaluation and treatment at an evaluation and treatment facility.
(b) Whenever it appears, by petition for initial detention,
to the satisfaction of a judge of the superior court that a person presents, as a result of a mental disorder, a likelihood of
serious harm, or is gravely disabled, and that the person has
refused or failed to accept appropriate evaluation and treatment voluntarily, the judge may issue an order requiring the
person to appear within twenty-four hours after service of the
order at a designated evaluation and treatment facility for not
more than a seventy-two hour evaluation and treatment
period. The order shall state the address of the evaluation and
treatment facility to which the person is to report and whether
the required seventy-two hour evaluation and treatment services may be delivered on an outpatient or inpatient basis and
that if the person named in the order fails to appear at the
evaluation and treatment facility at or before the date and
time stated in the order, such person may be involuntarily
taken into custody for evaluation and treatment. The order
shall also designate retained counsel or, if counsel is
appointed from a list provided by the court, the name, business address, and telephone number of the attorney appointed
to represent the person.
(c) The *county designated mental health professional
shall then serve or cause to be served on such person, his or
her guardian, and conservator, if any, a copy of the order to
appear together with a notice of rights and a petition for initial detention. After service on such person the *county designated mental health professional shall file the return of service in court and provide copies of all papers in the court file
to the evaluation and treatment facility and the designated
attorney. The *county designated mental health professional
shall notify the court and the prosecuting attorney that a probable cause hearing will be held within seventy-two hours of
the date and time of outpatient evaluation or admission to the
evaluation and treatment facility. The person shall be permitted to remain in his or her home or other place of his or her
choosing prior to the time of evaluation and shall be permitted to be accompanied by one or more of his or her relatives,
friends, an attorney, a personal physician, or other professional or religious advisor to the place of evaluation. An
[Title 71 RCW—page 8]
attorney accompanying the person to the place of evaluation
shall be permitted to be present during the admission evaluation. Any other individual accompanying the person may be
present during the admission evaluation. The facility may
exclude the individual if his or her presence would present a
safety risk, delay the proceedings, or otherwise interfere with
the evaluation.
(d) If the person ordered to appear does appear on or
before the date and time specified, the evaluation and treatment facility may admit such person as required by RCW
71.05.170 or may provide treatment on an outpatient basis. If
the person ordered to appear fails to appear on or before the
date and time specified, the evaluation and treatment facility
shall immediately notify the *county designated mental
health professional who may notify a peace officer to take
such person or cause such person to be taken into custody and
placed in an evaluation and treatment facility. Should the
*county designated mental health professional notify a peace
officer authorizing him or her to take a person into custody
under the provisions of this subsection, he or she shall file
with the court a copy of such authorization and a notice of
detention. At the time such person is taken into custody there
shall commence to be served on such person, his or her
guardian, and conservator, if any, a copy of the original order
together with a notice of detention, a notice of rights, and a
petition for initial detention.
(2) When a *county designated mental health professional receives information alleging that a person, as the
result of a mental disorder, presents an imminent likelihood
of serious harm, or is in imminent danger because of being
gravely disabled, after investigation and evaluation of the
specific facts alleged and of the reliability and credibility of
the person or persons providing the information if any, the
*county designated mental health professional may take such
person, or cause by oral or written order such person to be
taken into emergency custody in an evaluation and treatment
facility for not more than seventy-two hours as described in
RCW 71.05.180.
(3) A peace officer may take such person or cause such
person to be taken into custody and placed in an evaluation
and treatment facility pursuant to subsection (1)(d) of this
section.
(4) A peace officer may, without prior notice of the proceedings provided for in subsection (1) of this section, take or
cause such person to be taken into custody and immediately
delivered to an evaluation and treatment facility or the emergency department of a local hospital:
(a) Only pursuant to subsections (1)(d) and (2) of this
section; or
(b) When he or she has reasonable cause to believe that
such person is suffering from a mental disorder and presents
an imminent likelihood of serious harm or is in imminent
danger because of being gravely disabled.
(5) Persons delivered to evaluation and treatment facilities by peace officers pursuant to subsection (4)(b) of this
section may be held by the facility for a period of up to twelve
hours: PROVIDED, That they are examined by a mental
health professional within three hours of their arrival. Within
twelve hours of their arrival, the *county designated mental
health professional must file a supplemental petition for
detention, and commence service on the designated attorney
(2006 Ed.)
Mental Illness
for the detained person. [1998 c 297 § 8; 1997 c 112 § 8;
1984 c 233 § 1; 1979 ex.s. c 215 § 9; 1975 1st ex.s. c 199 § 3;
1974 ex.s. c 145 § 8; 1973 1st ex.s. c 142 § 20.]
*Reviser’s note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental
health professional" by 2005 c 504 § 104.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.157 Evaluation by designated mental health
professional—When required—Required notifications.
(1) When a designated mental health professional is notified
by a jail that a defendant or offender who was subject to a discharge review under RCW 71.05.232 is to be released to the
community, the designated mental health professional shall
evaluate the person within seventy-two hours of release.
(2) When an offender is under court-ordered treatment in
the community and the supervision of the department of corrections, and the treatment provider becomes aware that the
person is in violation of the terms of the court order, the treatment provider shall notify the designated mental health professional and the department of corrections of the violation
and request an evaluation for purposes of revocation of the
less restrictive alternative.
(3) When a designated mental health professional
becomes aware that an offender who is under court-ordered
treatment in the community and the supervision of the department of corrections is in violation of a treatment order or a
condition of supervision that relates to public safety, or the
designated mental health professional detains a person under
this chapter, the designated mental health professional shall
notify the person’s treatment provider and the department of
corrections.
(4) When an offender who is confined in a state correctional facility or is under supervision of the department of
corrections in the community is subject to a petition for involuntary treatment under this chapter, the petitioner shall notify
the department of corrections and the department of corrections shall provide documentation of its risk assessment or
other concerns to the petitioner and the court if the department of corrections classified the offender as a high risk or
high needs offender.
(5) Nothing in this section creates a duty on any treatment provider or designated mental health professional to
provide offender supervision. [2005 c 504 § 507; 2004 c 166
§ 16.]
71.05.157
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
71.05.160 Petition for initial detention. Any facility
receiving a person pursuant to RCW 71.05.150 shall require
a petition for initial detention stating the circumstances under
which the person’s condition was made known and stating
that such officer or person has evidence, as a result of his or
her personal observation or investigation, that the actions of
the person for which application is made constitute a likelihood of serious harm, or that he or she is gravely disabled,
71.05.190
and stating the specific facts known to him or her as a result
of his or her personal observation or investigation, upon
which he or she bases the belief that such person should be
detained for the purposes and under the authority of this
chapter.
If a person is involuntarily placed in an evaluation and
treatment facility pursuant to RCW 71.05.150, on the next
judicial day following the initial detention, the *county designated mental health professional shall file with the court
and serve the designated attorney of the detained person the
petition or supplemental petition for initial detention, proof of
service of notice, and a copy of a notice of emergency detention. [1998 c 297 § 9; 1997 c 112 § 10; 1974 ex.s. c 145 § 9;
1973 1st ex.s. c 142 § 21.]
*Reviser’s note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental
health professional" by 2005 c 504 § 104.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.170
71.05.170 Acceptance of petition—Notice—Duty of
state hospital. Whenever the *county designated mental
health professional petitions for detention of a person whose
actions constitute a likelihood of serious harm, or who is
gravely disabled, the facility providing seventy-two hour
evaluation and treatment must immediately accept on a provisional basis the petition and the person. The facility shall
then evaluate the person’s condition and admit, detain, transfer, or discharge such person in accordance with RCW
71.05.210. The facility shall notify in writing the court and
the *county designated mental health professional of the date
and time of the initial detention of each person involuntarily
detained in order that a probable cause hearing shall be held
no later than seventy-two hours after detention.
The duty of a state hospital to accept persons for evaluation and treatment under this section shall be limited by chapter 71.24 RCW. [2000 c 94 § 5; 1998 c 297 § 10; 1997 c 112
§ 11; 1989 c 205 § 10; 1974 ex.s. c 145 § 10; 1973 1st ex.s. c
142 § 22.]
*Reviser’s note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental
health professional" by 2005 c 504 § 104.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.180
71.05.180 Detention period for evaluation and treatment. If the evaluation and treatment facility admits the person, it may detain him or her for evaluation and treatment for
a period not to exceed seventy-two hours from the time of
acceptance as set forth in RCW 71.05.170. The computation
of such seventy-two hour period shall exclude Saturdays,
Sundays and holidays. [1997 c 112 § 12; 1979 ex.s. c 215 §
11; 1974 ex.s. c 145 § 11; 1973 1st ex.s. c 142 § 23.]
71.05.160
(2006 Ed.)
71.05.190
71.05.190 Persons not admitted—Transportation—
Detention of arrested person pending return to custody.
If the person is not approved for admission by a facility providing seventy-two hour evaluation and treatment, and the
individual has not been arrested, the facility shall furnish
transportation, if not otherwise available, for the person to his
or her place of residence or other appropriate place. If the
[Title 71 RCW—page 9]
71.05.210
Title 71 RCW: Mental Illness
individual has been arrested, the evaluation and treatment
facility shall detain the individual for not more than eight
hours at the request of the peace officer in order to enable a
peace officer to return to the facility and take the individual
back into custody. [1997 c 112 § 13; 1979 ex.s. c 215 § 12;
1974 ex.s. c 145 § 12; 1973 1st ex.s. c 142 § 24.]
71.05.210
71.05.210 Evaluation—Treatment and care—
Release or other disposition. Each person involuntarily
detained and accepted or admitted at an evaluation and treatment facility shall, within twenty-four hours of his or her
admission or acceptance at the facility, be examined and
evaluated by a licensed physician who may be assisted by a
physician assistant according to chapter 18.71A RCW or an
advanced registered nurse practitioner according to chapter
18.79 RCW and a mental health professional, and shall
receive such treatment and care as his or her condition
requires including treatment on an outpatient basis for the
period that he or she is detained, except that, beginning
twenty-four hours prior to a trial or hearing pursuant to RCW
71.05.215, 71.05.240, 71.05.310, 71.05.320, 71.05.340, or
*71.05.370, the individual may refuse psychiatric medications, but may not refuse: (1) Any other medication previously prescribed by a person licensed under Title 18 RCW; or
(2) emergency lifesaving treatment, and the individual shall
be informed at an appropriate time of his or her right of such
refusal. The person shall be detained up to seventy-two
hours, if, in the opinion of the professional person in charge
of the facility, or his or her professional designee, the person
presents a likelihood of serious harm, or is gravely disabled.
A person who has been detained for seventy-two hours shall
no later than the end of such period be released, unless
referred for further care on a voluntary basis, or detained pursuant to court order for further treatment as provided in this
chapter.
If, after examination and evaluation, the licensed physician and mental health professional determine that the initial
needs of the person would be better served by placement in a
chemical dependency treatment facility, then the person shall
be referred to an approved treatment program defined under
RCW 70.96A.020.
An evaluation and treatment center admitting or accepting any person pursuant to this chapter whose physical condition reveals the need for hospitalization shall assure that such
person is transferred to an appropriate hospital for evaluation
or admission for treatment. Notice of such fact shall be given
to the court, the designated attorney, and the **county designated mental health professional and the court shall order
such continuance in proceedings under this chapter as may be
necessary, but in no event may this continuance be more than
fourteen days. [2000 c 94 § 6; 1998 c 297 § 12; 1997 c 112 §
15; 1994 sp.s. c 9 § 747. Prior: 1991 c 364 § 11; 1991 c 105
§ 4; 1989 c 120 § 6; 1987 c 439 § 2; 1975 1st ex.s. c 199 § 4;
1974 ex.s. c 145 § 14; 1973 1st ex.s. c 142 § 26.]
Reviser’s note: *(1) RCW 71.05.370 was recodified as RCW
71.05.217 pursuant to 2005 c 504 § 108, effective July 1, 2005.
**(2) The term "county designated mental health professional" as
defined in RCW 71.05.020 was changed to "designated mental health professional" by 2005 c 504 § 104.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
[Title 71 RCW—page 10]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Findings—Construction—Conflict with federal requirements—
1991 c 364: See notes following RCW 70.96A.020.
Severability—1991 c 105: See note following RCW 71.05.215.
71.05.212
71.05.212 Evaluation—Consideration of information
and records. Whenever a *county designated mental health
professional or professional person is conducting an evaluation under this chapter, consideration shall include all reasonably available information and records regarding: (1) Prior
recommendations for evaluation of the need for civil commitments when the recommendation is made pursuant to an evaluation conducted under chapter 10.77 RCW; (2) history of
one or more violent acts; (3) prior determinations of incompetency or insanity under chapter 10.77 RCW; and (4) prior
commitments under this chapter.
In addition, when conducting an evaluation for offenders
identified under RCW 72.09.370, the *county designated
mental health professional or professional person shall consider an offender’s history of judicially required or administratively ordered antipsychotic medication while in confinement. [1999 c 214 § 5; 1998 c 297 § 19.]
*Reviser’s note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental
health professional" by 2005 c 504 § 104.
Intent—Effective date—1999 c 214: See notes following RCW
72.09.370.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.214
71.05.214 Protocols—Development—Submission to
governor and legislature. The department shall develop
statewide protocols to be utilized by professional persons and
*county designated mental health professionals in administration of this chapter and chapter 10.77 RCW. The protocols
shall be updated at least every three years. The protocols shall
provide uniform development and application of criteria in
evaluation and commitment recommendations, of persons
who have, or are alleged to have, mental disorders and are
subject to this chapter.
The initial protocols shall be developed not later than
September 1, 1999. The department shall develop and update
the protocols in consultation with representatives of *county
designated mental health professionals, local government,
law enforcement, county and city prosecutors, public defenders, and groups concerned with mental illness. The protocols
shall be submitted to the governor and legislature upon adoption by the department. [1998 c 297 § 26.]
*Reviser’s note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental
health professional" by 2005 c 504 § 104.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.215
71.05.215 Right to refuse antipsychotic medicine—
Rules. (1) A person found to be gravely disabled or presents
a likelihood of serious harm as a result of a mental disorder
has a right to refuse antipsychotic medication unless it is
determined that the failure to medicate may result in a likelihood of serious harm or substantial deterioration or substantially prolong the length of involuntary commitment and
(2006 Ed.)
Mental Illness
there is no less intrusive course of treatment than medication
in the best interest of that person.
(2) The department shall adopt rules to carry out the purposes of this chapter. These rules shall include:
(a) An attempt to obtain the informed consent of the person prior to administration of antipsychotic medication.
(b) For short-term treatment up to thirty days, the right to
refuse antipsychotic medications unless there is an additional
concurring medical opinion approving medication.
(c) For continued treatment beyond thirty days through
the hearing on any petition filed under *RCW 71.05.370(7),
the right to periodic review of the decision to medicate by the
medical director or designee.
(d) Administration of antipsychotic medication in an
emergency and review of this decision within twenty-four
hours. An emergency exists if the person presents an imminent likelihood of serious harm, and medically acceptable
alternatives to administration of antipsychotic medications
are not available or are unlikely to be successful; and in the
opinion of the physician, the person’s condition constitutes
an emergency requiring the treatment be instituted prior to
obtaining a second medical opinion.
(e) Documentation in the medical record of the physician’s attempt to obtain informed consent and the reasons
why antipsychotic medication is being administered over the
person’s objection or lack of consent. [1997 c 112 § 16; 1991
c 105 § 1.]
*Reviser’s note: RCW 71.05.370 was recodified as RCW 71.05.217
pursuant to 2005 c 504 § 108, effective July 1, 2005.
Severability—1991 c 105: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1991 c 105 § 6.]
71.05.217
71.05.217 Rights—Posting of list. Insofar as danger to
the individual or others is not created, each person involuntarily detained, treated in a less restrictive alternative course
of treatment, or committed for treatment and evaluation pursuant to this chapter shall have, in addition to other rights not
specifically withheld by law, the following rights, a list of
which shall be prominently posted in all facilities, institutions, and hospitals providing such services:
(1) To wear his or her own clothes and to keep and use
his or her own personal possessions, except when deprivation
of same is essential to protect the safety of the resident or
other persons;
(2) To keep and be allowed to spend a reasonable sum of
his or her own money for canteen expenses and small purchases;
(3) To have access to individual storage space for his or
her private use;
(4) To have visitors at reasonable times;
(5) To have reasonable access to a telephone, both to
make and receive confidential calls;
(6) To have ready access to letter writing materials,
including stamps, and to send and receive uncensored correspondence through the mails;
(7) Not to consent to the administration of antipsychotic
medications beyond the hearing conducted pursuant to
*RCW 71.05.320(2) or the performance of electroconvulsant
therapy or surgery, except emergency life-saving surgery,
(2006 Ed.)
71.05.217
unless ordered by a court of competent jurisdiction pursuant
to the following standards and procedures:
(a) The administration of antipsychotic medication or
electroconvulsant therapy shall not be ordered unless the
petitioning party proves by clear, cogent, and convincing evidence that there exists a compelling state interest that justifies
overriding the patient’s lack of consent to the administration
of antipsychotic medications or electroconvulsant therapy,
that the proposed treatment is necessary and effective, and
that medically acceptable alternative forms of treatment are
not available, have not been successful, or are not likely to be
effective.
(b) The court shall make specific findings of fact concerning: (i) The existence of one or more compelling state
interests; (ii) the necessity and effectiveness of the treatment;
and (iii) the person’s desires regarding the proposed treatment. If the patient is unable to make a rational and informed
decision about consenting to or refusing the proposed treatment, the court shall make a substituted judgment for the
patient as if he or she were competent to make such a determination.
(c) The person shall be present at any hearing on a
request to administer antipsychotic medication or electroconvulsant therapy filed pursuant to this subsection. The person
has the right: (i) To be represented by an attorney; (ii) to
present evidence; (iii) to cross-examine witnesses; (iv) to
have the rules of evidence enforced; (v) to remain silent; (vi)
to view and copy all petitions and reports in the court file; and
(vii) to be given reasonable notice and an opportunity to prepare for the hearing. The court may appoint a psychiatrist,
psychologist within their scope of practice, or physician to
examine and testify on behalf of such person. The court shall
appoint a psychiatrist, psychologist within their scope of
practice, or physician designated by such person or the person’s counsel to testify on behalf of the person in cases where
an order for electroconvulsant therapy is sought.
(d) An order for the administration of antipsychotic medications entered following a hearing conducted pursuant to
this section shall be effective for the period of the current
involuntary treatment order, and any interim period during
which the person is awaiting trial or hearing on a new petition
for involuntary treatment or involuntary medication.
(e) Any person detained pursuant to *RCW
71.05.320(2), who subsequently refuses antipsychotic medication, shall be entitled to the procedures set forth in RCW
71.05.217(7).
(f) Antipsychotic medication may be administered to a
nonconsenting person detained or committed pursuant to this
chapter without a court order pursuant to RCW 71.05.215(2)
or under the following circumstances:
(i) A person presents an imminent likelihood of serious
harm;
(ii) Medically acceptable alternatives to administration
of antipsychotic medications are not available, have not been
successful, or are not likely to be effective; and
(iii) In the opinion of the physician with responsibility
for treatment of the person, or his or her designee, the person’s condition constitutes an emergency requiring the treatment be instituted before a judicial hearing as authorized pursuant to this section can be held.
[Title 71 RCW—page 11]
71.05.220
Title 71 RCW: Mental Illness
If antipsychotic medications are administered over a person’s lack of consent pursuant to this subsection, a petition
for an order authorizing the administration of antipsychotic
medications shall be filed on the next judicial day. The hearing shall be held within two judicial days. If deemed necessary by the physician with responsibility for the treatment of
the person, administration of antipsychotic medications may
continue until the hearing is held;
(8) To dispose of property and sign contracts unless such
person has been adjudicated an incompetent in a court proceeding directed to that particular issue;
(9) Not to have psychosurgery performed on him or her
under any circumstances. [1997 c 112 § 31; 1991 c 105 § 5;
1989 c 120 § 8; 1974 ex.s. c 145 § 26; 1973 1st ex.s. c 142 §
42. Formerly RCW 71.05.370.]
*Reviser’s note: RCW 71.05.320 was amended by 2006 c 333 § 304,
changing subsection (2) to subsection (3).
Severability—1991 c 105: See note following RCW 71.05.215.
71.05.220 Property of committed person. At the time
a person is involuntarily admitted to an evaluation and treatment facility, the professional person in charge or his or her
designee shall take reasonable precautions to inventory and
safeguard the personal property of the person detained. A
copy of the inventory, signed by the staff member making it,
shall be given to the person detained and shall, in addition, be
open to inspection to any responsible relative, subject to limitations, if any, specifically imposed by the detained person.
For purposes of this section, "responsible relative" includes
the guardian, conservator, attorney, spouse, parent, adult
child, or adult brother or sister of the person. The facility
shall not disclose the contents of the inventory to any other
person without the consent of the patient or order of the court.
[1997 c 112 § 17; 1973 1st ex.s. c 142 § 27.]
71.05.220
71.05.230 Procedures for additional treatment. A
person detained for seventy-two hour evaluation and treatment may be detained for not more than fourteen additional
days of involuntary intensive treatment or ninety additional
days of a less restrictive alternative to involuntary intensive
treatment. There shall be no fee for filing petitions for fourteen days of involuntary intensive treatment. A petition may
only be filed if the following conditions are met:
(1) The professional staff of the agency or facility providing evaluation services has analyzed the person’s condition and finds that the condition is caused by mental disorder
and either results in a likelihood of serious harm, or results in
the detained person being gravely disabled and are prepared
to testify those conditions are met; and
(2) The person has been advised of the need for voluntary treatment and the professional staff of the facility has
evidence that he or she has not in good faith volunteered; and
(3) The facility providing intensive treatment is certified
to provide such treatment by the department; and
(4) The professional staff of the agency or facility or the
designated mental health professional has filed a petition for
fourteen day involuntary detention or a ninety day less
restrictive alternative with the court. The petition must be
signed either by two physicians or by one physician and a
mental health professional who have examined the person. If
involuntary detention is sought the petition shall state facts
71.05.230
[Title 71 RCW—page 12]
that support the finding that such person, as a result of mental
disorder, presents a likelihood of serious harm, or is gravely
disabled and that there are no less restrictive alternatives to
detention in the best interest of such person or others. The
petition shall state specifically that less restrictive alternative
treatment was considered and specify why treatment less
restrictive than detention is not appropriate. If an involuntary
less restrictive alternative is sought, the petition shall state
facts that support the finding that such person, as a result of
mental disorder, presents a likelihood of serious harm, or is
gravely disabled and shall set forth the less restrictive alternative proposed by the facility; and
(5) A copy of the petition has been served on the
detained person, his or her attorney and his or her guardian or
conservator, if any, prior to the probable cause hearing; and
(6) The court at the time the petition was filed and before
the probable cause hearing has appointed counsel to represent
such person if no other counsel has appeared; and
(7) The court has ordered a fourteen day involuntary
intensive treatment or a ninety day less restrictive alternative
treatment after a probable cause hearing has been held pursuant to RCW 71.05.240; and
(8) At the conclusion of the initial commitment period,
the professional staff of the agency or facility or the designated mental health professional may petition for an additional period of either ninety days of less restrictive alternative treatment or ninety days of involuntary intensive treatment as provided in RCW 71.05.290; and
(9) If the hospital or facility designated to provide outpatient treatment is other than the facility providing involuntary
treatment, the outpatient facility so designated has agreed to
assume such responsibility. [2006 c 333 § 302; 1998 c 297 §
13; 1997 c 112 § 18; 1987 c 439 § 3; 1975 1st ex.s. c 199 § 5;
1974 ex.s. c 145 § 15; 1973 1st ex.s. c 142 § 28.]
Finding—Purpose—Intent—Severability—Part headings not
law—Effective dates—2006 c 333: See notes following RCW 71.24.016.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.232
71.05.232 Discharge reviews—Consultations, notifications required. (1) When a state hospital admits a person
for evaluation or treatment under this chapter who has a history of one or more violent acts and:
(a) Has been transferred from a correctional facility; or
(b) Is or has been under the authority of the department
of corrections or the indeterminate sentence review board,
the state hospital shall consult with the appropriate corrections and chemical dependency personnel and the appropriate
forensic staff at the state hospital to conduct a discharge
review to determine whether the person presents a likelihood
of serious harm and whether the person is appropriate for
release to a less restrictive alternative.
(2) When a state hospital returns a person who was
reviewed under subsection (1) of this section to a correctional
facility, the hospital shall notify the correctional facility that
the person was subject to a discharge review pursuant to this
section. [2004 c 166 § 18.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
(2006 Ed.)
Mental Illness
71.05.235
71.05.235 Examination, evaluation of criminal defendant—Hearing. (1) If an individual is referred to a designated mental health professional under RCW
10.77.090(1)(d)(iii)(A), the designated mental health professional shall examine the individual within forty-eight hours.
If the designated mental health professional determines it is
not appropriate to detain the individual or petition for a
nin ety-day less restr ictive alternative under RCW
71.05.230(4), that decision shall be immediately presented to
the superior court for hearing. The court shall hold a hearing
to consider the decision of the designated mental health professional not later than the next judicial day. At the hearing
the superior court shall review the determination of the designated mental health professional and determine whether an
order should be entered requiring the person to be evaluated
at an evaluation and treatment facility. No person referred to
an evaluation and treatment facility may be held at the facility
longer than seventy-two hours.
(2) If an individual is placed in an evaluation and treatment facility under RCW 10.77.090(1)(d)(iii)(B), a professional person shall evaluate the individual for purposes of
determining whether to file a ninety-day inpatient or outpatient petition under chapter 71.05 RCW. Before expiration of
the seventy-two hour evaluation period authorized under
RCW 10.77.090(1)(d)(iii)(B), the professional person shall
file a petition or, if the recommendation of the professional
person is to release the individual, present his or her recommendation to the superior court of the county in which the
criminal charge was dismissed. The superior court shall
review the recommendation not later than forty-eight hours,
excluding Saturdays, Sundays, and holidays, after the recommendation is presented. If the court rejects the recommendation to unconditionally release the individual, the court may
order the individual detained at a designated evaluation and
treatment facility for not more than a seventy-two hour evaluation and treatment period and direct the individual to
appear at a surety hearing before that court within seventytwo hours, or the court may release the individual but direct
the individual to appear at a surety hearing set before that
court within eleven days, at which time the prosecutor may
file a petition under this chapter for ninety-day inpatient or
outpatient treatment. If a petition is filed by the prosecutor,
the court may order that the person named in the petition be
detained at the evaluation and treatment facility that performed the evaluation under this subsection or order the
respondent to be in outpatient treatment. If a petition is filed
but the individual fails to appear in court for the surety hearing, the court shall order that a mental health professional or
peace officer shall take such person or cause such person to
be taken into custody and placed in an evaluation and treatment facility to be brought before the court the next judicial
day after detention. Upon the individual’s first appearance in
court after a petition has been filed, proceedings under RCW
71.05.310 and 71.05.320 shall commence. For an individual
subject to this subsection, the prosecutor or professional person may directly file a petition for ninety-day inpatient or
outpatient treatment and no petition for initial detention or
fourteen-day detention is required before such a petition may
be filed.
The court shall conduct the hearing on the petition filed
under this subsection within five judicial days of the date the
(2006 Ed.)
71.05.240
petition is filed. The court may continue the hearing upon the
written request of the person named in the petition or the person’s attorney, for good cause shown, which continuance
shall not exceed five additional judicial days. If the person
named in the petition requests a jury trial, the trial shall commence within ten judicial days of the date of the filing of the
petition. The burden of proof shall be by clear, cogent, and
convincing evidence and shall be upon the petitioner. The
person shall be present at such proceeding, which shall in all
respects accord with the constitutional guarantees of due process of law and the rules of evidence pursuant to RCW
71.05.360 (8) and (9).
During the proceeding the person named in the petition
shall continue to be detained and treated until released by
order of the court. If no order has been made within thirty
days after the filing of the petition, not including any extensions of time requested by the detained person or his or her
attorney, the detained person shall be released.
(3) If a designated mental health professional or the professional person and prosecuting attorney for the county in
which the criminal charge was dismissed or attorney general,
as appropriate, stipulate that the individual does not present a
likelihood of serious harm or is not gravely disabled, the
hearing under this section is not required and the individual,
if in custody, shall be released.
(4) The individual shall have the rights specified in RCW
71.05.360 (8) and (9). [2005 c 504 § 708; 2000 c 74 § 6; 1999
c 11 § 1; 1998 c 297 § 18.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Severability—2000 c 74: See note following RCW 10.77.060.
Effective date—1999 c 11: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect March 1, 1999,
or upon approval by the governor, whichever occurs later [April 15, 1999]."
[1999 c 11 § 2.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.237
71.05.237 Judicial proceedings—Court to enter findings when recommendations of professional person not
followed. In any judicial proceeding in which a professional
person has made a recommendation regarding whether an
individual should be committed for treatment under this
chapter, and the court does not follow the recommendation,
the court shall enter findings that state with particularity its
reasoning, including a finding whether the state met its burden of proof in showing whether the person presents a likelihood of serious harm. [1998 c 297 § 25.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.240
71.05.240 Petition for involuntary treatment or alternative treatment—Probable cause hearing. If a petition is
filed for fourteen day involuntary treatment or ninety days of
less restrictive alternative treatment, the court shall hold a
probable cause hearing within seventy-two hours of the initial detention of such person as determined in RCW
71.05.180. If requested by the detained person or his or her
[Title 71 RCW—page 13]
71.05.245
Title 71 RCW: Mental Illness
attorney, the hearing may be postponed for a period not to
exceed forty-eight hours. The hearing may also be continued
subject to the conditions set forth in RCW 71.05.210 or subject to the petitioner’s showing of good cause for a period not
to exceed twenty-four hours.
At the conclusion of the probable cause hearing, if the
court finds by a preponderance of the evidence that such person, as the result of mental disorder, presents a likelihood of
serious harm, or is gravely disabled, and, after considering
less restrictive alternatives to involuntary detention and treatment, finds that no such alternatives are in the best interests
of such person or others, the court shall order that such person
be detained for involuntary treatment not to exceed fourteen
days in a facility certified to provide treatment by the department. If the court finds that such person, as the result of a
mental disorder, presents a likelihood of serious harm, or is
gravely disabled, but that treatment in a less restrictive setting
than detention is in the best interest of such person or others,
the court shall order an appropriate less restrictive course of
treatment for not to exceed ninety days.
The court shall specifically state to such person and give
such person notice in writing that if involuntary treatment
beyond the fourteen day period or beyond the ninety days of
less restrictive treatment is to be sought, such person will
have the right to a full hearing or jury trial as required by
RCW 71.05.310. The court shall also provide written notice
that the person is barred from the possession of firearms.
[1997 c 112 § 19; 1992 c 168 § 3; 1987 c 439 § 5; 1979 ex.s.
c 215 § 13; 1974 ex.s. c 145 § 16; 1973 1st ex.s. c 142 § 29.]
Severability—1992 c 168: See note following RCW 9.41.070.
71.05.245
71.05.245 Determination of likelihood of serious
harm—Use of recent history evidence. In making a determination of whether there is a likelihood of serious harm in a
hearing conducted under RCW 71.05.240 or 71.05.320, the
court shall give great weight to any evidence before the court
regarding whether the person has: (1) A recent history of one
or more violent acts; or (2) a recent history of one or more
commitments under this chapter or its equivalent provisions
under the laws of another state which were based on a likelihood of serious harm. The existence of prior violent acts or
commitments under this chapter or its equivalent shall not be
the sole basis for determining whether a person presents a
likelihood of serious harm.
For the purposes of this section "recent" refers to the
period of time not exceeding three years prior to the current
hearing. [1999 c 13 § 6; 1998 c 297 § 14.]
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.260
71.05.260 Release from involuntary intensive treatment—Exception. (1) Involuntary intensive treatment
ordered at the time of the probable cause hearing shall be for
no more than fourteen days, and shall terminate sooner when,
in the opinion of the professional person in charge of the
facility or his or her professional designee, (a) the person no
longer constitutes a likelihood of serious harm, or (b) no
longer is gravely disabled, or (c) is prepared to accept volun[Title 71 RCW—page 14]
tary treatment upon referral, or (d) is to remain in the facility
providing intensive treatment on a voluntary basis.
(2) A person who has been detained for fourteen days of
intensive treatment shall be released at the end of the fourteen
days unless one of the following applies: (a) Such person
agrees to receive further treatment on a voluntary basis; or (b)
such person is a patient to whom RCW 71.05.280 is applicable. [1997 c 112 § 20; 1987 c 439 § 7; 1974 ex.s. c 145 § 18;
1973 1st ex.s. c 142 § 31.]
71.05.270
71.05.270 Temporary release. Nothing in this chapter
shall prohibit the professional person in charge of a treatment
facility, or his or her professional designee, from permitting a
person detained for intensive treatment to leave the facility
for prescribed periods during the term of the person’s detention, under such conditions as may be appropriate. [1997 c
112 § 21; 1973 1st ex.s. c 142 § 32.]
71.05.280
71.05.280 Additional confinement—Grounds. At the
expiration of the fourteen-day period of intensive treatment, a
person may be confined for further treatment pursuant to
RCW 71.05.320 if:
(1) Such person after having been taken into custody for
evaluation and treatment has threatened, attempted, or
inflicted: (a) Physical harm upon the person of another or
himself or herself, or substantial damage upon the property of
another, and (b) as a result of mental disorder presents a likelihood of serious harm; or
(2) Such person was taken into custody as a result of conduct in which he or she attempted or inflicted physical harm
upon the person of another or himself or herself, or substantial damage upon the property of others, and continues to
present, as a result of mental disorder, a likelihood of serious
harm; or
(3) Such person has been determined to be incompetent
and criminal charges have been dismissed pursuant to RCW
10.77.090 (4), and has committed acts constituting a felony,
and as a result of a mental disorder, presents a substantial
likelihood of repeating similar acts. In any proceeding pursuant to this subsection it shall not be necessary to show intent,
willfulness, or state of mind as an element of the crime; or
(4) Such person is gravely disabled. [1998 c 297 § 15;
1997 c 112 § 22; 1986 c 67 § 3; 1979 ex.s. c 215 § 14; 1974
ex.s. c 145 § 19; 1973 1st ex.s. c 142 § 33.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.285
71.05.285 Additional confinement—Prior history
evidence. In determining whether an inpatient or less restrictive alternative commitment under the process provided in
RCW 71.05.280 and *71.05.320(2) is appropriate, great
weight shall be given to evidence of a prior history or pattern
of decompensation and discontinuation of treatment resulting
in: (1) Repeated hospitalizations; or (2) repeated peace
officer interventions resulting in juvenile offenses, criminal
charges, diversion programs, or jail admissions. Such evidence may be used to provide a factual basis for concluding
that the individual would not receive, if released, such care as
is essential for his or her health or safety. [2001 c 12 § 1;
1997 c 112 § 23.]
(2006 Ed.)
Mental Illness
*Reviser’s note: RCW 71.05.320 was amended by 2006 c 333 § 304,
changing subsection (2) to subsection (3).
71.05.290
71.05.290 Petition for additional confinement—Affidavit. (1) At any time during a person’s fourteen day intensive treatment period, the professional person in charge of a
treatment facility or his or her professional designee or the
*county designated mental health professional may petition
the superior court for an order requiring such person to
undergo an additional period of treatment. Such petition must
be based on one or more of the grounds set forth in RCW
71.05.280.
(2) The petition shall summarize the facts which support
the need for further confinement and shall be supported by
affidavits signed by two examining physicians, or by one
examining physician and examining mental health professional. The affidavits shall describe in detail the behavior of
the detained person which supports the petition and shall
explain what, if any, less restrictive treatments which are
alternatives to detention are available to such person, and
shall state the willingness of the affiant to testify to such facts
in subsequent judicial proceedings under this chapter.
(3) If a person has been determined to be incompetent
pursuant to RCW 10.77.090(4), then the professional person
in charge of the treatment facility or his or her professional
designee or the *county designated mental health professional may directly file a petition for one hundred eighty day
treatment under RCW 71.05.280(3). No petition for initial
detention or fourteen day detention is required before such a
petition may be filed. [1998 c 297 § 16; 1997 c 112 § 24;
1986 c 67 § 4; 1975 1st ex.s. c 199 § 6; 1974 ex.s. c 145 § 20;
1973 1st ex.s. c 142 § 34.]
*Reviser’s note: The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental
health professional" by 2005 c 504 § 104.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.300
71.05.300 Filing of petition—Appearance—Notice—
Advice as to rights—Appointment of representative. (1)
The petition for ninety day treatment shall be filed with the
clerk of the superior court at least three days before expiration of the fourteen-day period of intensive treatment. At the
time of filing such petition, the clerk shall set a time for the
person to come before the court on the next judicial day after
the day of filing unless such appearance is waived by the person’s attorney, and the clerk shall notify the designated mental health professional. The designated mental health professional shall immediately notify the person detained, his or her
attorney, if any, and his or her guardian or conservator, if any,
the prosecuting attorney, and the regional support network
administrator, and provide a copy of the petition to such persons as soon as possible. The regional support network
administrator or designee may review the petition and may
appear and testify at the full hearing on the petition.
(2) At the time set for appearance the detained person
shall be brought before the court, unless such appearance has
been waived and the court shall advise him or her of his or her
right to be represented by an attorney and of his or her right
to a jury trial. If the detained person is not represented by an
attorney, or is indigent or is unwilling to retain an attorney,
(2006 Ed.)
71.05.320
the court shall immediately appoint an attorney to represent
him or her. The court shall, if requested, appoint a reasonably
available licensed physician, psychologist, or psychiatrist,
designated by the detained person to examine and testify on
behalf of the detained person.
(3) The court may, if requested, also appoint a professional person as defined in RCW 71.05.020 to seek less
restrictive alternative courses of treatment and to testify on
behalf of the detained person. In the case of a developmentally disabled person who has been determined to be incompetent pursuant to RCW 10.77.090(4), then the appointed
professional person under this section shall be a developmental disabilities professional.
(4) The court shall also set a date for a full hearing on the
petition as provided in RCW 71.05.310. [2006 c 333 § 303;
1998 c 297 § 17; 1997 c 112 § 25; 1989 c 420 § 14; 1987 c
439 § 8; 1975 1st ex.s. c 199 § 7; 1974 ex.s. c 145 § 21; 1973
1st ex.s. c 142 § 35.]
Finding—Purpose—Intent—Severability—Part headings not
law—Effective dates—2006 c 333: See notes following RCW 71.24.016.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.310
71.05.310 Time for hearing—Due process—Jury
trial—Continuation of treatment. The court shall conduct
a hearing on the petition for ninety day treatment within five
judicial days of the first court appearance after the probable
cause hearing. The court may continue the hearing upon the
written request of the person named in the petition or the person’s attorney, for good cause shown, which continuance
shall not exceed five additional judicial days. If the person
named in the petition requests a jury trial, the trial shall commence within ten judicial days of the first court appearance
after the probable cause hearing. The burden of proof shall
be by clear, cogent, and convincing evidence and shall be
upon the petitioner. The person shall be present at such proceeding, which shall in all respects accord with the constitutional guarantees of due process of law and the rules of evidence pursuant to RCW 71.05.360 (8) and (9).
During the proceeding, the person named in the petition
shall continue to be treated until released by order of the
superior court. If no order has been made within thirty days
after the filing of the petition, not including extensions of
time requested by the detained person or his or her attorney,
the detained person shall be released. [2005 c 504 § 709;
1987 c 439 § 9; 1975 1st ex.s. c 199 § 8; 1974 ex.s. c 145 §
22; 1973 1st ex.s. c 142 § 36.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
71.05.320
71.05.320 Remand for additional treatment—Duration—Developmentally disabled—Grounds—Hearing.
(1) If the court or jury finds that grounds set forth in RCW
71.05.280 have been proven and that the best interests of the
person or others will not be served by a less restrictive treatment which is an alternative to detention, the court shall
remand him or her to the custody of the department or to a
facility certified for ninety day treatment by the department
[Title 71 RCW—page 15]
71.05.325
Title 71 RCW: Mental Illness
for a further period of intensive treatment not to exceed
ninety days from the date of judgment: PROVIDED, That
(a) If the grounds set forth in RCW 71.05.280(3) are the
basis of commitment, then the period of treatment may be up
to but not exceed one hundred eighty days from the date of
judgment in a facility certified for one hundred eighty day
treatment by the department.
(b) If the committed person is developmentally disabled
and has been determined incompetent pursuant to RCW
10.77.090(4), and the best interests of the person or others
will not be served by a less-restrictive treatment which is an
alternative to detention, the court shall remand him or her to
the custody of the department or to a facility certified for one
hundred eighty-day treatment by the department. When
appropriate and subject to available funds, treatment and
training of such persons must be provided in a program specifically reserved for the treatment and training of developmentally disabled persons. A person so committed shall
receive habilitation services pursuant to an individualized
service plan specifically developed to treat the behavior
which was the subject of the criminal proceedings. The treatment program shall be administered by developmental disabilities professionals and others trained specifically in the
needs of developmentally disabled persons. The department
may limit admissions to this specialized program in order to
ensure that expenditures for services do not exceed amounts
appropriated by the legislature and allocated by the department for such services. The department may establish admission priorities in the event that the number of eligible persons
exceeds the limits set by the department. An order for treatment less restrictive than involuntary detention may include
conditions, and if such conditions are not adhered to, the designated mental health professional or developmental disabilities professional may order the person apprehended under
the terms and conditions of RCW 71.05.340.
(2) If the court or jury finds that grounds set forth in
RCW 71.05.280 have been proven, but finds that treatment
less restrictive than detention will be in the best interest of the
person or others, then the court shall remand him or her to the
custody of the department or to a facility certified for ninety
day treatment by the department or to a less restrictive alternative for a further period of less restrictive treatment not to
exceed ninety days from the date of judgment: PROVIDED,
That if the grounds set forth in RCW 71.05.280(3) are the
basis of commitment, then the period of treatment may be up
to but not exceed one hundred eighty days from the date of
judgment.
(3) The person shall be released from involuntary treatment at the expiration of the period of commitment imposed
under subsection (1) or (2) of this section unless the superintendent or professional person in charge of the facility in
which he or she is confined, or in the event of a less restrictive
alternative, the designated mental health professional or
developmental disabilities professional, files a new petition
for involuntary treatment on the grounds that the committed
person;
(a) During the current period of court ordered treatment:
(i) Has threatened, attempted, or inflicted physical harm upon
the person of another, or substantial damage upon the property of another, and (ii) as a result of mental disorder or
[Title 71 RCW—page 16]
developmental disability presents a likelihood of serious
harm; or
(b) Was taken into custody as a result of conduct in
which he or she attempted or inflicted serious physical harm
upon the person of another, and continues to present, as a
result of mental disorder or developmental disability a likelihood of serious harm; or
(c) Is in custody pursuant to RCW 71.05.280(3) and as a
result of mental disorder or developmental disability presents
a substantial likelihood of repeating similar acts considering
the charged criminal behavior, life history, progress in treatment, and the public safety; or
(d) Continues to be gravely disabled.
If the conduct required to be proven in (b) and (c) of this
subsection was found by a judge or jury in a prior trial under
this chapter, it shall not be necessary to reprove that element.
Such new petition for involuntary treatment shall be filed and
heard in the superior court of the county of the facility which
is filing the new petition for involuntary treatment unless
good cause is shown for a change of venue. The cost of the
proceedings shall be borne by the state.
The hearing shall be held as provided in RCW
71.05.310, and if the court or jury finds that the grounds for
additional confinement as set forth in this subsection are
present, the court may order the committed person returned
for an additional period of treatment not to exceed one hundred eighty days from the date of judgment. At the end of the
one hundred eighty day period of commitment, the committed person shall be released unless a petition for another one
hundred eighty day period of continued treatment is filed and
heard in the same manner as provided in this subsection.
Successive one hundred eighty day commitments are permissible on the same grounds and pursuant to the same procedures as the original one hundred eighty day commitment.
(4) No person committed as provided in this section may
be detained unless a valid order of commitment is in effect.
No order of commitment can exceed one hundred eighty days
in length. [2006 c 333 § 304; 1999 c 13 § 7; 1997 c 112 § 26;
1989 c 420 § 15; 1986 c 67 § 5; 1979 ex.s. c 215 § 15; 1975
1st ex.s. c 199 § 9; 1974 ex.s. c 145 § 23; 1973 1st ex.s. c 142
§ 37.]
Finding—Purpose—Intent—Severability—Part headings not
law—Effective dates—2006 c 333: See notes following RCW 71.24.016.
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
71.05.325
71.05.325 Release—Authorized leave—Notice to
prosecuting attorney. (1) Before a person committed under
grounds set forth in RCW 71.05.280(3) is released because a
new petition for involuntary treatment has not been filed
under *RCW 71.05.320(2), the superintendent, professional
person, or designated mental health professional responsible
for the decision whether to file a new petition shall in writing
notify the prosecuting attorney of the county in which the
criminal charges against the committed person were dismissed, of the decision not to file a new petition for involuntary treatment. Notice shall be provided at least forty-five
days before the period of commitment expires.
(2)(a) Before a person committed under grounds set forth
in RCW 71.05.280(3) is permitted temporarily to leave a
treatment facility pursuant to RCW 71.05.270 for any period
(2006 Ed.)
Mental Illness
of time without constant accompaniment by facility staff, the
superintendent, professional person in charge of a treatment
facility, or his or her professional designee shall in writing
notify the prosecuting attorney of any county of the person’s
destination and the prosecuting attorney of the county in
which the criminal charges against the committed person
were dismissed. The notice shall be provided at least fortyfive days before the anticipated leave and shall describe the
conditions under which the leave is to occur.
(b) The provisions of RCW 71.05.330(2) apply to proposed leaves, and either or both prosecuting attorneys receiving notice under this subsection may petition the court under
RCW 71.05.330(2).
(3) Nothing in this section shall be construed to authorize
detention of a person unless a valid order of commitment is in
effect.
(4) The existence of the notice requirements in this section will not require any extension of the leave date in the
event the leave plan changes after notification.
(5) The notice requirements contained in this section
shall not apply to emergency medical transfers.
(6) The notice provisions of this section are in addition to
those provided in RCW 71.05.425. [2000 c 94 § 7; 1994 c
129 § 8; 1990 c 3 § 111; 1989 c 401 § 1; 1986 c 67 § 2.]
*Reviser’s note: RCW 71.05.320 was amended by 2006 c 333 § 304,
changing subsection (2) to subsection (3).
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
71.05.330
71.05.330 Early release—Notice to court and prosecuting attorney—Petition for hearing. (1) Nothing in this
chapter shall prohibit the superintendent or professional person in charge of the hospital or facility in which the person is
being involuntarily treated from releasing him or her prior to
the expiration of the commitment period when, in the opinion
of the superintendent or professional person in charge, the
person being involuntarily treated no longer presents a likelihood of serious harm.
Whenever the superintendent or professional person in
charge of a hospital or facility providing involuntary treatment pursuant to this chapter releases a person prior to the
expiration of the period of commitment, the superintendent or
professional person in charge shall in writing notify the court
which committed the person for treatment.
(2) Before a person committed under grounds set forth in
RCW 71.05.280(3) or *71.05.320(2)(c) is released under this
section, the superintendent or professional person in charge
shall in writing notify the prosecuting attorney of the county
in which the criminal charges against the committed person
were dismissed, of the release date. Notice shall be provided
at least thirty days before the release date. Within twenty
days after receiving notice, the prosecuting attorney may
petition the court in the county in which the person is being
involuntarily treated for a hearing to determine whether the
person is to be released. The prosecuting attorney shall provide a copy of the petition to the superintendent or professional person in charge of the hospital or facility providing
involuntary treatment, the attorney, if any, and the guardian
or conservator of the committed person. The court shall conduct a hearing on the petition within ten days of filing the
(2006 Ed.)
71.05.340
petition. The committed person shall have the same rights
with respect to notice, hearing, and counsel as for an involuntary treatment proceeding, except as set forth in this subsection and except that there shall be no right to jury trial. The
issue to be determined at the hearing is whether or not the
person may be released without substantial danger to other
persons, or substantial likelihood of committing criminal acts
jeopardizing public safety or security. If the court disapproves of the release, it may do so only on the basis of substantial evidence. Pursuant to the determination of the court
upon the hearing, the committed person shall be released or
shall be returned for involuntary treatment subject to release
at the end of the period for which he or she was committed, or
otherwise in accordance with the provisions of this chapter.
[1998 c 297 § 20; 1997 c 112 § 27; 1986 c 67 § 1; 1973 1st
ex.s. c 142 § 38.]
*Reviser’s note: RCW 71.05.320 was amended by 2006 c 333 § 304,
changing subsection (2) to subsection (3).
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.335
71.05.335 Modification of order for inpatient treatment—Intervention by prosecuting attorney. In any proceeding under this chapter to modify a commitment order of
a person committed to inpatient treatment under grounds set
forth in RCW 71.05.280(3) or *71.05.320(2)(c) in which the
requested relief includes treatment less restrictive than detention, the prosecuting attorney shall be entitled to intervene.
The party initiating the motion to modify the commitment
order shall serve the prosecuting attorney of the county in
which the criminal charges against the committed person
were dismissed with written notice and copies of the initiating papers. [1986 c 67 § 7.]
*Reviser’s note: RCW 71.05.320 was amended by 2006 c 333 § 304,
changing subsection (2) to subsection (3).
71.05.340
71.05.340 Outpatient treatment or care—Conditional release—Procedures for revocation. (1)(a) When, in
the opinion of the superintendent or the professional person
in charge of the hospital or facility providing involuntary
treatment, the committed person can be appropriately served
by outpatient treatment prior to or at the expiration of the
period of commitment, then such outpatient care may be
required as a term of conditional release for a period which,
when added to the inpatient treatment period, shall not
exceed the period of commitment. If the hospital or facility
designated to provide outpatient treatment is other than the
facility providing involuntary treatment, the outpatient facility so designated must agree in writing to assume such
responsibility. A copy of the terms of conditional release
shall be given to the patient, the *county designated mental
health professional in the county in which the patient is to
receive outpatient treatment, and to the court of original commitment.
(b) Before a person committed under grounds set forth in
RCW 71.05.280(3) or **71.05.320(2)(c) is conditionally
released under (a) of this subsection, the superintendent or
professional person in charge of the hospital or facility providing involuntary treatment shall in writing notify the prosecuting attorney of the county in which the criminal charges
against the committed person were dismissed, of the decision
[Title 71 RCW—page 17]
71.05.340
Title 71 RCW: Mental Illness
to conditionally release the person. Notice and a copy of the
terms of conditional release shall be provided at least thirty
days before the person is released from inpatient care. Within
twenty days after receiving notice, the prosecuting attorney
may petition the court in the county that issued the commitment order to hold a hearing to determine whether the person
may be conditionally released and the terms of the conditional release. The prosecuting attorney shall provide a copy
of the petition to the superintendent or professional person in
charge of the hospital or facility providing involuntary treatment, the attorney, if any, and guardian or conservator of the
committed person, and the court of original commitment. If
the county in which the committed person is to receive outpatient treatment is the same county in which the criminal
charges against the committed person were dismissed, then
the court shall, upon the motion of the prosecuting attorney,
transfer the proceeding to the court in that county. The court
shall conduct a hearing on the petition within ten days of the
filing of the petition. The committed person shall have the
same rights with respect to notice, hearing, and counsel as for
an involuntary treatment proceeding, except as set forth in
this subsection and except that there shall be no right to jury
trial. The issue to be determined at the hearing is whether or
not the person may be conditionally released without substantial danger to other persons, or substantial likelihood of
committing criminal acts jeopardizing public safety or security. If the court disapproves of the conditional release, it may
do so only on the basis of substantial evidence. Pursuant to
the determination of the court upon the hearing, the conditional release of the person shall be approved by the court on
the same or modified conditions or the person shall be
returned for involuntary treatment on an inpatient basis subject to release at the end of the period for which he or she was
committed, or otherwise in accordance with the provisions of
this chapter.
(2) The hospital or facility designated to provide outpatient care or the secretary may modify the conditions for continued release when such modification is in the best interest
of the person. Notification of such changes shall be sent to all
persons receiving a copy of the original conditions.
(3)(a) If the hospital or facility designated to provide outpatient care, the *county designated mental health professional, or the secretary determines that:
(i) A conditionally released person is failing to adhere to
the terms and conditions of his or her release;
(ii) Substantial deterioration in a conditionally released
person’s functioning has occurred;
(iii) There is evidence of substantial decompensation
with a reasonable probability that the decompensation can be
reversed by further inpatient treatment; or
(iv) The person poses a likelihood of serious harm.
Upon notification by the hospital or facility designated to
provide outpatient care, or on his or her own motion, the
*county designated mental health professional or the secretary may order that the conditionally released person be
apprehended and taken into custody and temporarily detained
in an evaluation and treatment facility in or near the county in
which he or she is receiving outpatient treatment.
(b) The hospital or facility designated to provide outpatient treatment shall notify the secretary or *county designated mental health professional when a conditionally
[Title 71 RCW—page 18]
released person fails to adhere to terms and conditions of his
or her conditional release or experiences substantial deterioration in his or her condition and, as a result, presents an
increased likelihood of serious harm. The *county designated
mental health professional or secretary shall order the person
apprehended and temporarily detained in an evaluation and
treatment facility in or near the county in which he or she is
receiving outpatient treatment.
(c) A person detained under this subsection (3) shall be
held until such time, not exceeding five days, as a hearing can
be scheduled to determine whether or not the person should
be returned to the hospital or facility from which he or she
had been conditionally released. The *county designated
mental health professional or the secretary may modify or
rescind such order at any time prior to commencement of the
court hearing.
(d) The court that originally ordered commitment shall
be notified within two judicial days of a person’s detention
under the provisions of this section, and the *county designated mental health professional or the secretary shall file his
or her petition and order of apprehension and detention with
the court and serve them upon the person detained. His or her
attorney, if any, and his or her guardian or conservator, if any,
shall receive a copy of such papers as soon as possible. Such
person shall have the same rights with respect to notice, hearing, and counsel as for an involuntary treatment proceeding,
except as specifically set forth in this section and except that
there shall be no right to jury trial. The issues to be determined shall be: (i) Whether the conditionally released person
did or did not adhere to the terms and conditions of his or her
conditional release; (ii) that substantial deterioration in the
person’s functioning has occurred; (iii) there is evidence of
substantial decompensation with a reasonable probability
that the decompensation can be reversed by further inpatient
treatment; or (iv) there is a likelihood of serious harm; and, if
any of the conditions listed in this subsection (3)(d) have
occurred, whether the terms of conditional release should be
modified or the person should be returned to the facility.
(e) Pursuant to the determination of the court upon such
hearing, the conditionally released person shall either continue to be conditionally released on the same or modified
conditions or shall be returned for involuntary treatment on
an inpatient basis subject to release at the end of the period
for which he or she was committed for involuntary treatment,
or otherwise in accordance with the provisions of this chapter. Such hearing may be waived by the person and his or her
counsel and his or her guardian or conservator, if any, but
shall not be waivable unless all such persons agree to waive,
and upon such waiver the person may be returned for involuntary treatment or continued on conditional release on the
same or modified conditions.
(4) The proceedings set forth in subsection (3) of this
section may be initiated by the *county designated mental
health professional or the secretary on the same basis set forth
therein without requiring or ordering the apprehension and
detention of the conditionally released person, in which case
the court hearing shall take place in not less than five days
from the date of service of the petition upon the conditionally
released person.
Upon expiration of the period of commitment, or when
the person is released from outpatient care, notice in writing
(2006 Ed.)
Mental Illness
to the court which committed the person for treatment shall
be provided.
(5) The grounds and procedures for revocation of less
restrictive alternative treatment shall be the same as those set
forth in this section for conditional releases.
(6) In the event of a revocation of a conditional release,
the subsequent treatment period may be for no longer than the
actual period authorized in the original court order. [2000 c
94 § 8; 1998 c 297 § 21; 1997 c 112 § 28; 1987 c 439 § 10;
1986 c 67 § 6; 1979 ex.s. c 215 § 16; 1974 ex.s. c 145 § 24;
1973 1st ex.s. c 142 § 39.]
Reviser’s note: *(1) The term "county designated mental health professional" as defined in RCW 71.05.020 was changed to "designated mental
health professional" by 2005 c 504 § 104. **(2) RCW 71.05.320 was
amended by 2006 c 333 § 304, changing subsection (2) to subsection (3).
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.350
71.05.350 Assistance to released persons. No indigent
patient shall be conditionally released or discharged from
involuntary treatment without suitable clothing, and the
superintendent of a state hospital shall furnish the same,
together with such sum of money as he or she deems necessary for the immediate welfare of the patient. Such sum of
money shall be the same as the amount required by RCW
72.02.100 to be provided to persons in need being released
from correctional institutions. As funds are available, the secretary may provide payment to indigent persons conditionally
released pursuant to this chapter consistent with the optional
provisions of RCW 72.02.100 and 72.02.110, and may adopt
rules and regulations to do so. [1997 c 112 § 29; 1973 1st
ex.s. c 142 § 40.]
71.05.360
71.05.360 Rights of involuntarily detained persons.
(1)(a) Every person involuntarily detained or committed
under the provisions of this chapter shall be entitled to all the
rights set forth in this chapter, which shall be prominently
posted in the facility, and shall retain all rights not denied him
or her under this chapter except as chapter 9.41 RCW may
limit the right of a person to purchase or possess a firearm or
to qualify for a concealed pistol license.
(b) No person shall be presumed incompetent as a consequence of receiving an evaluation or voluntary or involuntary
treatment for a mental disorder, under this chapter or any
prior laws of this state dealing with mental illness. Competency shall not be determined or withdrawn except under the
provisions of chapter 10.97 or 11.88 RCW.
(c) Any person who leaves a public or private agency
following evaluation or treatment for mental disorder shall be
given a written statement setting forth the substance of this
section.
(2) Each person involuntarily detained or committed
pursuant to this chapter shall have the right to adequate care
and individualized treatment.
(3) The provisions of this chapter shall not be construed
to deny to any person treatment by spiritual means through
prayer in accordance with the tenets and practices of a church
or religious denomination.
(4) Persons receiving evaluation or treatment under this
chapter shall be given a reasonable choice of an available
(2006 Ed.)
71.05.360
physician or other professional person qualified to provide
such services.
(5) Whenever any person is detained for evaluation and
treatment pursuant to this chapter, both the person and, if possible, a responsible member of his or her immediate family,
personal representative, guardian, or conservator, if any, shall
be advised as soon as possible in writing or orally, by the
officer or person taking him or her into custody or by personnel of the evaluation and treatment facility where the person
is detained that unless the person is released or voluntarily
admits himself or herself for treatment within seventy-two
hours of the initial detention:
(a) A judicial hearing in a superior court, either by a
judge or court commissioner thereof, shall be held not more
than seventy-two hours after the initial detention to determine
whether there is probable cause to detain the person after the
seventy-two hours have expired for up to an additional fourteen days without further automatic hearing for the reason
that the person is a person whose mental disorder presents a
likelihood of serious harm or that the person is gravely disabled;
(b) The person has a right to communicate immediately
with an attorney; has a right to have an attorney appointed to
represent him or her before and at the probable cause hearing
if he or she is indigent; and has the right to be told the name
and address of the attorney that the mental health professional has designated pursuant to this chapter;
(c) The person has the right to remain silent and that any
statement he or she makes may be used against him or her;
(d) The person has the right to present evidence and to
cross-examine witnesses who testify against him or her at the
probable cause hearing; and
(e) The person has the right to refuse psychiatric medications, including antipsychotic medication beginning twentyfour hours prior to the probable cause hearing.
(6) When proceedings are initiated under RCW
71.05.150 (2), (3), or (4)(b), no later than twelve hours after
such person is admitted to the evaluation and treatment facility the personnel of the evaluation and treatment facility or
the designated mental health professional shall serve on such
person a copy of the petition for initial detention and the
name, business address, and phone number of the designated
attorney and shall forthwith commence service of a copy of
the petition for initial detention on the designated attorney.
(7) The judicial hearing described in subsection (5) of
this section is hereby authorized, and shall be held according
to the provisions of subsection (5) of this section and rules
promulgated by the supreme court.
(8) At the probable cause hearing the detained person
shall have the following rights in addition to the rights previously specified:
(a) To present evidence on his or her behalf;
(b) To cross-examine witnesses who testify against him
or her;
(c) To be proceeded against by the rules of evidence;
(d) To remain silent;
(e) To view and copy all petitions and reports in the court
file.
(9) The physician-patient privilege or the psychologistclient privilege shall be deemed waived in proceedings under
this chapter relating to the administration of antipsychotic
[Title 71 RCW—page 19]
71.05.380
Title 71 RCW: Mental Illness
medications. As to other proceedings under this chapter, the
privileges shall be waived when a court of competent jurisdiction in its discretion determines that such waiver is necessary to protect either the detained person or the public.
The waiver of a privilege under this section is limited to
records or testimony relevant to evaluation of the detained
person for purposes of a proceeding under this chapter. Upon
motion by the detained person or on its own motion, the court
shall examine a record or testimony sought by a petitioner to
determine whether it is within the scope of the waiver.
The record maker shall not be required to testify in order
to introduce medical or psychological records of the detained
person so long as the requirements of RCW 5.45.020 are met
except that portions of the record which contain opinions as
to the detained person’s mental state must be deleted from
such records unless the person making such conclusions is
available for cross-examination.
(10) Insofar as danger to the person or others is not created, each person involuntarily detained, treated in a less
restrictive alternative course of treatment, or committed for
treatment and evaluation pursuant to this chapter shall have,
in addition to other rights not specifically withheld by law,
the following rights:
(a) To wear his or her own clothes and to keep and use
his or her own personal possessions, except when deprivation
of same is essential to protect the safety of the resident or
other persons;
(b) To keep and be allowed to spend a reasonable sum of
his or her own money for canteen expenses and small purchases;
(c) To have access to individual storage space for his or
her private use;
(d) To have visitors at reasonable times;
(e) To have reasonable access to a telephone, both to
make and receive confidential calls, consistent with an effective treatment program;
(f) To have ready access to letter writing materials,
including stamps, and to send and receive uncensored correspondence through the mails;
(g) To discuss treatment plans and decisions with professional persons;
(h) Not to consent to the administration of antipsychotic
medications and not to thereafter be administered antipsychotic medications unless ordered by a court under RCW
71.05.217 or pursuant to an administrative hearing under
RCW 71.05.215;
(i) Not to consent to the performance of electroconvulsant therapy or surgery, except emergency life-saving surgery, unless ordered by a court under RCW 71.05.217;
(j) Not to have psychosurgery performed on him or her
under any circumstances;
(k) To dispose of property and sign contracts unless such
person has been adjudicated an incompetent in a court proceeding directed to that particular issue.
(11) Every person involuntarily detained shall immediately be informed of his or her right to a hearing to review the
legality of his or her detention and of his or her right to counsel, by the professional person in charge of the facility providing evaluation and treatment, or his or her designee, and,
when appropriate, by the court. If the person so elects, the
[Title 71 RCW—page 20]
court shall immediately appoint an attorney to assist him or
her.
(12) A person challenging his or her detention or his or
her attorney, shall have the right to designate and have the
court appoint a reasonably available independent physician
or licensed mental health professional to examine the person
detained, the results of which examination may be used in the
proceeding. The person shall, if he or she is financially able,
bear the cost of such expert information [examination], otherwise such expert examination shall be at public expense.
(13) Nothing contained in this chapter shall prohibit the
patient from petitioning by writ of habeas corpus for release.
(14) Nothing in this chapter shall prohibit a person committed on or prior to January 1, 1974, from exercising a right
available to him or her at or prior to January 1, 1974, for
obtaining release from confinement.
(15) Nothing in this section permits any person to knowingly violate a no-contact order or a condition of an active
judgment and sentence or an active condition of supervision
by the department of corrections. [2005 c 504 § 107; 1997 c
112 § 30; 1974 ex.s. c 145 § 25; 1973 1st ex.s. c 142 § 41.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
71.05.380
71.05.380 Rights of voluntarily committed persons.
All persons voluntarily entering or remaining in any facility,
institution, or hospital providing evaluation and treatment for
mental disorder shall have no less than all rights secured to
involuntarily detained persons by RCW 71.05.360 and
*71.05.370. [1973 1st ex.s. c 142 § 43.]
*Reviser’s note: RCW 71.05.370 was recodified as RCW 71.05.217
pursuant to 2005 c 504 § 108, effective July 1, 2005.
71.05.390
71.05.390 Confidential information and records—
Disclosure. Except as provided in this section, RCW
71.05.445, 71.05.630, 70.96A.150, or pursuant to a valid
release under RCW 70.02.030, the fact of admission and all
information and records compiled, obtained, or maintained in
the course of providing services to either voluntary or involuntary recipients of services at public or private agencies
shall be confidential.
Information and records may be disclosed only:
(1) In communications between qualified professional
persons to meet the requirements of this chapter, in the provision of services or appropriate referrals, or in the course of
guardianship proceedings. The consent of the person, or his
or her personal representative or guardian, shall be obtained
before information or records may be disclosed by a professional person employed by a facility unless provided to a professional person:
(a) Employed by the facility;
(b) Who has medical responsibility for the patient’s care;
(c) Who is a designated mental health professional;
(d) Who is providing services under chapter 71.24 RCW;
(e) Who is employed by a state or local correctional
facility where the person is confined or supervised; or
(f) Who is providing evaluation, treatment, or follow-up
services under chapter 10.77 RCW.
(2006 Ed.)
Mental Illness
(2) When the communications regard the special needs
of a patient and the necessary circumstances giving rise to
such needs and the disclosure is made by a facility providing
services to the operator of a facility in which the patient
resides or will reside.
(3)(a) When the person receiving services, or his or her
guardian, designates persons to whom information or records
may be released, or if the person is a minor, when his or her
parents make such designation.
(b) A public or private agency shall release to a person’s
next of kin, attorney, personal representative, guardian, or
conservator, if any:
(i) The information that the person is presently a patient
in the facility or that the person is seriously physically ill;
(ii) A statement evaluating the mental and physical condition of the patient, and a statement of the probable duration
of the patient’s confinement, if such information is requested
by the next of kin, attorney, personal representative, guardian, or conservator; and
(iii) Such other information requested by the next of kin
or attorney as may be necessary to decide whether or not proceedings should be instituted to appoint a guardian or conservator.
(4) To the extent necessary for a recipient to make a
claim, or for a claim to be made on behalf of a recipient for
aid, insurance, or medical assistance to which he or she may
be entitled.
(5)(a) For either program evaluation or research, or both:
PROVIDED, That the secretary adopts rules for the conduct
of the evaluation or research, or both. Such rules shall
include, but need not be limited to, the requirement that all
evaluators and researchers must sign an oath of confidentiality substantially as follows:
"As a condition of conducting evaluation or research
concerning persons who have received services from (fill in
the facility, agency, or person) I, . . . . . . . . ., agree not to
divulge, publish, or otherwise make known to unauthorized
persons or the public any information obtained in the course
of such evaluation or research regarding persons who have
received services such that the person who received such services is identifiable.
I recognize that unauthorized release of confidential
information may subject me to civil liability under the provisions of state law.
/s/ . . . . . . . . . . . . . . . . . . . . "
(b) Nothing in this chapter shall be construed to prohibit
the compilation and publication of statistical data for use by
government or researchers under standards, including standards to assure maintenance of confidentiality, set forth by
the secretary.
(6)(a) To the courts as necessary to the administration of
this chapter or to a court ordering an evaluation or treatment
under chapter 10.77 RCW solely for the purpose of preventing the entry of any evaluation or treatment order that is
inconsistent with any order entered under this chapter.
(b) To a court or its designee in which a motion under
chapter 10.77 RCW has been made for involuntary medication of a defendant for the purpose of competency restoration.
(2006 Ed.)
71.05.390
(c) Disclosure under this subsection is mandatory for the
purpose of the health insurance portability and accountability
act.
(7)(a) When a mental health professional is requested by
a representative of a law enforcement or corrections agency,
including a police officer, sheriff, community corrections
officer, a municipal attorney, or prosecuting attorney to
undertake an investigation under RCW 71.05.150, the mental
health professional shall, if requested to do so, advise the representative in writing of the results of the investigation
including a statement of reasons for the decision to detain or
release the person investigated. Such written report shall be
submitted within seventy-two hours of the completion of the
investigation or the request from the law enforcement or corrections representative, whichever occurs later.
(b) To law enforcement officers, public health officers,
or personnel of the department of corrections or the indeterminate sentence review board for persons who are the subject
of the records and who are committed to the custody or supervision of the department of corrections or indeterminate sentence review board which information or records are necessary to carry out the responsibilities of their office. Except
for dissemination of information released pursuant to RCW
71.05.425 and 4.24.550, regarding persons committed under
this chapter under RCW 71.05.280(3) and *71.05.320(2)(c)
after dismissal of a sex offense as defined in RCW
9.94A.030, the extent of information that may be released is
limited as follows:
(i) Only the fact, place, and date of involuntary commitment, the fact and date of discharge or release, and the last
known address shall be disclosed upon request;
(ii) The law enforcement and public health officers or
personnel of the department of corrections or indeterminate
sentence review board shall be obligated to keep such information confidential in accordance with this chapter;
(iii) Additional information shall be disclosed only after
giving notice to said person and his or her counsel and upon
a showing of clear, cogent, and convincing evidence that
such information is necessary and that appropriate safeguards
for strict confidentiality are and will be maintained. However, in the event the said person has escaped from custody,
said notice prior to disclosure is not necessary and that the
facility from which the person escaped shall include an evaluation as to whether the person is of danger to persons or
property and has a propensity toward violence;
(iv) Information and records shall be disclosed to the
department of corrections pursuant to and in compliance with
the provisions of RCW 71.05.445 for the purposes of completing presentence investigations or risk assessment reports,
supervision of an incarcerated offender or offender under
supervision in the community, planning for and provision of
supervision of an offender, or assessment of an offender’s
risk to the community; and
(v) Disclosure under this subsection is mandatory for the
purposes of the health insurance portability and accountability act.
(8) To the attorney of the detained person.
(9) To the prosecuting attorney as necessary to carry out
the responsibilities of the office under RCW 71.05.330(2)
and 71.05.340(1)(b) and 71.05.335. The prosecutor shall be
provided access to records regarding the committed person’s
[Title 71 RCW—page 21]
71.05.390
Title 71 RCW: Mental Illness
treatment and prognosis, medication, behavior problems, and
other records relevant to the issue of whether treatment less
restrictive than inpatient treatment is in the best interest of the
committed person or others. Information shall be disclosed
only after giving notice to the committed person and the person’s counsel.
(10) To appropriate law enforcement agencies and to a
person, when the identity of the person is known to the public
or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by
the patient. The person may designate a representative to
receive the disclosure. The disclosure shall be made by the
professional person in charge of the public or private agency
or his or her designee and shall include the dates of commitment, admission, discharge, or release, authorized or unauthorized absence from the agency’s facility, and only such
other information that is pertinent to the threat or harassment.
The decision to disclose or not shall not result in civil liability
for the agency or its employees so long as the decision was
reached in good faith and without gross negligence.
(11) To appropriate corrections and law enforcement
agencies all necessary and relevant information in the event
of a crisis or emergent situation that poses a significant and
imminent risk to the public. The decision to disclose or not
shall not result in civil liability for the mental health service
provider or its employees so long as the decision was reached
in good faith and without gross negligence.
(12) To the persons designated in RCW 71.05.425 for
the purposes described in that section.
(13) Civil liability and immunity for the release of information about a particular person who is committed to the
department under RCW 71.05.280(3) and *71.05.320(2)(c)
after dismissal of a sex offense as defined in RCW
9.94A.030, is governed by RCW 4.24.550.
(14) Upon the death of a person, his or her next of kin,
personal representative, guardian, or conservator, if any, shall
be notified.
Next of kin who are of legal age and competent shall be
notified under this section in the following order: Spouse,
parents, children, brothers and sisters, and other relatives
according to the degree of relation. Access to all records and
information compiled, obtained, or maintained in the course
of providing services to a deceased patient shall be governed
by RCW 70.02.140.
(15) To the department of health for the purposes of
determining compliance with state or federal licensure, certification, or registration rules or laws. However, the information and records obtained under this subsection are exempt
from public inspection and copying pursuant to chapter 42.56
RCW.
(16) To mark headstones or otherwise memorialize
patients interred at state hospital cemeteries. The department
of social and health services shall make available the name,
date of birth, and date of death of patients buried in state hospital cemeteries fifty years after the death of a patient.
(17) To law enforcement officers and to prosecuting
attorneys as are necessary to enforce RCW 9.41.040(2)(a)(ii).
The extent of information that may be released is limited as
follows:
(a) Only the fact, place, and date of involuntary commitment, an official copy of any order or orders of commitment,
[Title 71 RCW—page 22]
and an official copy of any written or oral notice of ineligibility to possess a firearm that was provided to the person pursuant to RCW 9.41.047(1), shall be disclosed upon request;
(b) The law enforcement and prosecuting attorneys may
only release the information obtained to the person’s attorney
as required by court rule and to a jury or judge, if a jury is
waived, that presides over any trial at which the person is
charged with violating RCW 9.41.040(2)(a)(ii);
(c) Disclosure under this subsection is mandatory for the
purposes of the health insurance portability and accountability act.
(18) When a patient would otherwise be subject to the
provisions of RCW 71.05.390 and disclosure is necessary for
the protection of the patient or others due to his or her unauthorized disappearance from the facility, and his or her
whereabouts is unknown, notice of such disappearance, along
with relevant information, may be made to relatives, the
department of corrections when the person is under the supervision of the department, and governmental law enforcement
agencies designated by the physician in charge of the patient
or the professional person in charge of the facility, or his or
her professional designee.
Except as otherwise provided in this chapter, the uniform
health care information act, chapter 70.02 RCW, applies to
all records and information compiled, obtained, or maintained in the course of providing services.
(19) The fact of admission, as well as all records, files,
evidence, findings, or orders made, prepared, collected, or
maintained pursuant to this chapter shall not be admissible as
evidence in any legal proceeding outside this chapter without
the written consent of the person who was the subject of the
proceeding except in a subsequent criminal prosecution of a
person committed pursuant to RCW 71.05.280(3) or
*71.05.320(2)(c) on charges that were dismissed pursuant to
chapter 10.77 RCW due to incompetency to stand trial, in a
civil commitment proceeding pursuant to chapter 71.09
RCW, or, in the case of a minor, a guardianship or dependency proceeding. The records and files maintained in any
court proceeding pursuant to this chapter shall be confidential
and available subsequent to such proceedings only to the person who was the subject of the proceeding or his or her attorney. In addition, the court may order the subsequent release
or use of such records or files only upon good cause shown if
the court finds that appropriate safeguards for strict confidentiality are and will be maintained. [2005 c 504 § 109; 2005 c
453 § 5; 2005 c 274 § 346. Prior: 2004 c 166 § 6; 2004 c 157
§ 5; 2004 c 33 § 2; prior: 2000 c 94 § 9; 2000 c 75 § 6; 2000
c 74 § 7; 1999 c 12 § 1; 1998 c 297 § 22; 1993 c 448 § 6; 1990
c 3 § 112; 1986 c 67 § 8; 1985 c 207 § 1; 1983 c 196 § 4; 1979
ex.s. c 215 § 17; 1975 1st ex.s. c 199 § 10; 1974 ex.s. c 145 §
27; 1973 1st ex.s. c 142 § 44.]
Reviser’s note: *(1) RCW 71.05.320 was amended by 2006 c 333 §
304, changing subsection (2) to subsection (3).
(2) This section was amended by 2005 c 274 § 346, 2005 c 453 § 5, and
by 2005 c 504 § 109, each without reference to the other. All amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
(2006 Ed.)
Mental Illness
Severability—2005 c 453: See note following RCW 9.41.040.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
Findings—Intent—Severability—Effective date—2004 c 157: See
notes following RCW 10.77.010.
Finding—Intent—2004 c 33: "The legislature finds that social stigmas
surrounding mental illness have prevented patients buried in the state hospital cemeteries from being properly memorialized. From 1887 to 1953, the
state buried many of the patients who died while in residence at the three
state hospitals on hospital grounds. In order to honor these patients, the legislature intends that the state be allowed to release records necessary to
appropriately mark their resting place." [2004 c 33 § 1.]
Intent—2000 c 75: See note following RCW 71.05.445.
Severability—2000 c 74: See note following RCW 10.77.060.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Effective date—1993 c 448: See note following RCW 70.02.010.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
71.05.420
71.05.420 Records of disclosure. Except as provided
in RCW 71.05.425, when any disclosure of information or
records is made as authorized by RCW 71.05.390, the physician in charge of the patient or the professional person in
charge of the facility shall promptly cause to be entered into
the patient’s medical record the date and circumstances under
which said disclosure was made, the names and relationships
to the patient, if any, of the persons or agencies to whom such
disclosure was made, and the information disclosed. [2005 c
504 § 110; 1990 c 3 § 113; 1973 1st ex.s. c 142 § 47.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
71.05.425
71.05.425 Persons committed following dismissal of
sex, violent, or felony harassment offense—Notification of
conditional release, final release, leave, transfer, or
escape—To whom given—Definitions. (1)(a) Except as
provided in subsection (2) of this section, at the earliest possible date, and in no event later than thirty days before conditional release, final release, authorized leave under RCW
71.05.325(2), or transfer to a facility other than a state mental
hospital, the superintendent shall send written notice of conditional release, release, authorized leave, or transfer of a person committed under RCW 71.05.280(3) or *71.05.320(2)(c)
following dismissal of a sex, violent, or felony harassment
offense pursuant to RCW 10.77.090(4) to the following:
(i) The chief of police of the city, if any, in which the person will reside; and
(ii) The sheriff of the county in which the person will
reside.
(b) The same notice as required by (a) of this subsection
shall be sent to the following, if such notice has been
requested in writing about a specific person committed under
RCW 71.05.280(3) or *71.05.320(2)(c) following dismissal
of a sex, violent, or felony harassment offense pursuant to
RCW 10.77.090(4):
(2006 Ed.)
71.05.425
(i) The victim of the sex, violent, or felony harassment
offense that was dismissed pursuant to RCW 10.77.090(4)
preceding commitment under RCW 71.05.280(3) or
*71.05.320(2)(c) or the victim’s next of kin if the crime was
a homicide;
(ii) Any witnesses who testified against the person in any
court proceedings; and
(iii) Any person specified in writing by the prosecuting
attorney.
Information regarding victims, next of kin, or witnesses
requesting the notice, information regarding any other person
specified in writing by the prosecuting attorney to receive the
notice, and the notice are confidential and shall not be available to the person committed under this chapter.
(c) The thirty-day notice requirements contained in this
subsection shall not apply to emergency medical transfers.
(d) The existence of the notice requirements in this subsection will not require any extension of the release date in
the event the release plan changes after notification.
(2) If a person committed under RCW 71.05.280(3) or
*71.05.320(2)(c) following dismissal of a sex, violent, or felony harassment offense pursuant to RCW 10.77.090(4)
escapes, the superintendent shall immediately notify, by the
most reasonable and expedient means available, the chief of
police of the city and the sheriff of the county in which the
person resided immediately before the person’s arrest. If previously requested, the superintendent shall also notify the
witnesses and the victim of the sex, violent, or felony harassment offense that was dismissed pursuant to RCW
1 0 .7 7 . 0 9 0 ( 4 ) p r e c e d i n g co m m i t m e n t u n d er R C W
71.05.280(3) or *71.05.320(2) or the victim’s next of kin if
the crime was a homicide. In addition, the secretary shall
a ls o n o ti f y a p p r o p r i a t e p ar t i es p u r s u a n t t o R C W
71.05.390(18). If the person is recaptured, the superintendent
shall send notice to the persons designated in this subsection
as soon as possible but in no event later than two working
days after the department learns of such recapture.
(3) If the victim, the victim’s next of kin, or any witness
is under the age of sixteen, the notice required by this section
shall be sent to the parent or legal guardian of the child.
(4) The superintendent shall send the notices required by
this chapter to the last address provided to the department by
the requesting party. The requesting party shall furnish the
department with a current address.
(5) For purposes of this section the following terms have
the following meanings:
(a) "Violent offense" means a violent offense under
RCW 9.94A.030;
(b) "Sex offense" means a sex offense under RCW
9.94A.030;
(c) "Next of kin" means a person’s spouse, parents, siblings, and children;
(d) "Felony harassment offense" means a crime of
harassment as defined in RCW 9A.46.060 that is a felony.
[2005 c 504 § 710; 2000 c 94 § 10; 1999 c 13 § 8; 1994 c 129
§ 9; 1992 c 186 § 9; 1990 c 3 § 109.]
*Reviser’s note: RCW 71.05.320 was amended by 2006 c 333 § 304,
changing subsection (2) to subsection (3).
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
[Title 71 RCW—page 23]
71.05.427
Title 71 RCW: Mental Illness
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Severability—1992 c 186: See note following RCW 9A.46.110.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
71.05.427
71.05.427 Persons committed following dismissal of
sex offense—Release of information authorized. In addition to any other information required to be released under
this chapter, the department is authorized, pursuant to RCW
4.24.550, to release relevant information that is necessary to
protect the public, concerning a specific person committed
under RCW 71.05.280(3) or *71.05.320(2)(c) following dismissal of a sex offense as defined in RCW 9.94A.030. [1990
c 3 § 110.]
*Reviser’s note: RCW 71.05.320 was amended by 2006 c 333 § 304,
changing subsection (2) to subsection (3).
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
71.05.440
71.05.440 Action for unauthorized release of confidential information—Liquidated damages—Treble damages—Injunction. Except as provided in RCW 4.24.550,
any person may bring an action against an individual who has
willfully released confidential information or records concerning him or her in violation of the provisions of this chapter, for the greater of the following amounts:
(1) One thousand dollars; or
(2) Three times the amount of actual damages sustained,
if any. It shall not be a prerequisite to recovery under this section that the plaintiff shall have suffered or be threatened with
special, as contrasted with general, damages.
Any person may bring an action to enjoin the release of
confidential information or records concerning him or her or
his or her ward, in violation of the provisions of this chapter,
and may in the same action seek damages as provided in this
section.
The court may award to the plaintiff, should he or she
prevail in an action authorized by this section, reasonable
attorney fees in addition to those otherwise provided by law.
[1990 c 3 § 114; 1974 ex.s. c 145 § 28; 1973 1st ex.s. c 142 §
49.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
71.05.445
71.05.445 Mental health services information—
Release to department of corrections—Initial assessment
inquiry—Required notifications—Rules. (1) The definitions in this subsection apply throughout this section unless
the context clearly requires otherwise.
(a) "Information related to mental health services" means
all information and records compiled, obtained, or maintained in the course of providing services to either voluntary
or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or
somatic health care information.
[Title 71 RCW—page 24]
(b) "Mental health service provider" means a public or
private agency that provides services to persons with mental
disorders as defined under RCW 71.05.020 and receives
funding from public sources. This includes evaluation and
treatment facilities as defined in RCW 71.05.020, community
mental health service delivery systems, or community mental
health programs as defined in RCW 71.24.025, and facilities
conducting competency evaluations and restoration under
chapter 10.77 RCW.
(2)(a) Information related to mental health services
delivered to a person subject to chapter 9.94A or 9.95 RCW
shall be released, upon request, by a mental health service
provider to department of corrections personnel for whom the
information is necessary to carry out the responsibilities of
their office. The information must be provided only for the
purposes of completing presentence investigations or risk
assessment reports, supervision of an incarcerated offender
or offender under supervision in the community, planning for
and provision of supervision of an offender, or assessment of
an offender’s risk to the community. The request shall be in
writing and shall not require the consent of the subject of the
records.
(b) If an offender subject to chapter 9.94A or 9.95 RCW
has failed to report for department of corrections supervision
or in the event of an emergent situation that poses a significant risk to the public or the offender, information related to
mental health services delivered to the offender and, if
known, information regarding where the offender is likely to
be found shall be released by the mental health services provider to the department of corrections upon request. The initial request may be written or oral. All oral requests must be
subsequently confirmed in writing. Information released in
response to an oral request is limited to a statement as to
whether the offender is or is not being treated by the mental
health services provider and the address or information about
the location or whereabouts of the offender. Information
released in response to a written request may include information identified by rule as provided in subsections (4) and
(5) of this section. For purposes of this subsection a written
request includes requests made by e-mail or facsimile so long
as the requesting person at the department of corrections is
clearly identified. The request must specify the information
being requested. Disclosure of the information requested
does not require the consent of the subject of the records
unless the offender has received relief from disclosure under
RCW 9.94A.562, 70.96A.155, or 71.05.132.
(3)(a) When a mental health service provider conducts
its initial assessment for a person receiving court-ordered
treatment, the service provider shall inquire and shall be told
by the offender whether he or she is subject to supervision by
the department of corrections.
(b) When a person receiving court-ordered treatment or
treatment ordered by the department of corrections discloses
to his or her mental health service provider that he or she is
subject to supervision by the department of corrections, the
mental health services provider shall notify the department of
corrections that he or she is treating the offender and shall
notify the offender that his or her community corrections
officer will be notified of the treatment, provided that if the
offender has received relief from disclosure pursuant to RCW
9.94A.562, 70.96A.155, or 71.05.132 and the offender has
(2006 Ed.)
Mental Illness
provided the mental health services provider with a copy of
the order granting relief from disclosure pursuant to RCW
9.94A.562, 70.96A.155, or 71.05.132, the mental health services provider is not required to notify the department of corrections that the mental health services provider is treating
the offender. The notification may be written or oral and
shall not require the consent of the offender. If an oral notification is made, it must be confirmed by a written notification.
For purposes of this section, a written notification includes
notification by e-mail or facsimile, so long as the notifying
mental health service provider is clearly identified.
(4) The information to be released to the department of
corrections shall include all relevant records and reports, as
defined by rule, necessary for the department of corrections
to carry out its duties, including those records and reports
identified in subsection (2) of this section.
(5) The department and the department of corrections, in
consultation with regional support networks, mental health
service providers as defined in subsection (1) of this section,
mental health consumers, and advocates for persons with
mental illness, shall adopt rules to implement the provisions
of this section related to the type and scope of information to
be released. These rules shall:
(a) Enhance and facilitate the ability of the department of
corrections to carry out its responsibility of planning and
ensuring community protection with respect to persons subject to sentencing under chapter 9.94A or 9.95 RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and
(b) Establish requirements for the notification of persons
under the supervision of the department of corrections
regarding the provisions of this section.
(6) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in chapter 71.05
RCW, except as provided in RCW 72.09.585.
(7) No mental health service provider or individual
employed by a mental health service provider shall be held
responsible for information released to or used by the department of corrections under the provisions of this section or
rules adopted under this section except under RCW
71.05.440.
(8) Whenever federal law or federal regulations restrict
the release of information contained in the treatment records
of any patient who receives treatment for alcoholism or drug
dependency, the release of the information may be restricted
as necessary to comply with federal law and regulations.
(9) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter 70.24 RCW.
(10) The department shall, subject to available resources,
electronically, or by the most cost-effective means available,
provide the department of corrections with the names, last
dates of services, and addresses of specific regional support
networks and mental health service providers that delivered
mental health services to a person subject to chapter 9.94A or
9.95 RCW pursuant to an agreement between the departments. [2005 c 504 § 711; 2004 c 166 § 4; 2002 c 39 § 2;
2000 c 75 § 3.]
(2006 Ed.)
71.05.525
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
Intent—2000 c 75: "It is the intent of the legislature to enhance and
facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A RCW by authorizing access
to, and release or disclosure of, necessary information related to mental
health services. This includes accessing and releasing or disclosing information of persons who received mental health services as a minor. The legislature does not intend this act to readdress access to information and records
regarding continuity of care.
The legislature recognizes that persons with mental illness have a right
to the confidentiality of information related to mental health services, including the fact of their receiving such services, unless there is a state interest that
supersedes this right. It is the intent of the legislature to balance that right of
the individual with the state interest to enhance public safety." [2000 c 75 §
1.]
71.05.500
71.05.500 Liability of applicant. Any person making
or filing an application alleging that a person should be involuntarily detained, certified, committed, treated, or evaluated
pursuant to this chapter shall not be rendered civilly or criminally liable where the making and filing of such application
was in good faith. [1973 1st ex.s. c 142 § 55.]
71.05.510
71.05.510 Damages for excessive detention. Any individual who knowingly, wilfully or through gross negligence
violates the provisions of this chapter by detaining a person
for more than the allowable number of days shall be liable to
the person detained in civil damages. It shall not be a prerequisite to an action under this section that the plaintiff shall
have suffered or be threatened with special, as contrasted
with general damages. [1974 ex.s. c 145 § 30; 1973 1st ex.s.
c 142 § 56.]
71.05.520
71.05.520 Protection of rights—Staff. The department
of social and health services shall have the responsibility to
determine whether all rights of individuals recognized and
guaranteed by the provisions of this chapter and the Constitutions of the state of Washington and the United States are in
fact protected and effectively secured. To this end, the department shall assign appropriate staff who shall from time to
time as may be necessary have authority to examine records,
inspect facilities, attend proceedings, and do whatever is necessary to monitor, evaluate, and assure adherence to such
rights. Such persons shall also recommend such additional
safeguards or procedures as may be appropriate to secure
individual rights set forth in this chapter and as guaranteed by
the state and federal Constitutions. [1973 1st ex.s. c 142 §
57.]
71.05.525
71.05.525 Transfer of person committed to juvenile
correction institution to institution or facility for mentally
ill juveniles. When, in the judgment of the department, the
welfare of any person committed to or confined in any state
juvenile correctional institution or facility necessitates that
such a person be transferred or moved for observation, diagnosis or treatment to any state institution or facility for the
care of mentally ill juveniles the secretary, or his or her des[Title 71 RCW—page 25]
71.05.530
Title 71 RCW: Mental Illness
ignee, is authorized to order and effect such move or transfer:
PROVIDED, HOWEVER, That the secretary shall adopt and
implement procedures to assure that persons so transferred
shall, while detained or confined in such institution or facility
for the care of mentally ill juveniles, be provided with substantially similar opportunities for parole or early release
evaluation and determination as persons detained or confined
in state juvenile correctional institutions or facilities: PROVIDED, FURTHER, That the secretary shall notify the original committing court of such transfer. [1997 c 112 § 36;
1975 1st ex.s. c 199 § 12.]
71.05.530
71.05.530 Facilities part of comprehensive mental
health program. Evaluation and treatment facilities authorized pursuant to this chapter may be part of the comprehensive community mental health services program conducted in
counties pursuant to chapter 71.24 RCW, and may receive
funding pursuant to the provisions thereof. [1998 c 297 § 23;
1973 1st ex.s. c 142 § 58.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.560
71.05.560 Adoption of rules. The department shall
adopt such rules as may be necessary to effectuate the intent
and purposes of this chapter, which shall include but not be
limited to evaluation of the quality of the program and facilities operating pursuant to this chapter, evaluation of the
effectiveness and cost effectiveness of such programs and
facilities, and procedures and standards for certification and
other action relevant to evaluation and treatment facilities.
[1998 c 297 § 24; 1973 1st ex.s. c 142 § 61.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
71.05.5601
71.05.5601 Rule making—Medicaid—Secretary of
corrections—Secretary of social and health services. See
RCW 72.09.380.
71.05.5602
71.05.5602 Rule making—Chapter 214, Laws of
1999—Secretary of corrections—Secretary of social and
health services. See RCW 72.09.381.
71.05.570
71.05.570 Rules of court. The supreme court of the
state of Washington shall adopt such rules as it shall deem
necessary with respect to the court procedures and proceedings provided for by this chapter. [1973 1st ex.s. c 142 § 62.]
71.05.575
71.05.575 Less restrictive alternative treatment—
Consideration by court. (1) When making a decision under
this chapter whether to require a less restrictive alternative
treatment, the court shall consider whether it is appropriate to
include or exclude time spent in confinement when determining whether the person has committed a recent overt act.
(2) When determining whether an offender is a danger to
himself or herself or others under this chapter, a court shall
give great weight to any evidence submitted to the court
regarding an offender’s recent history of judicially required
or administratively ordered involuntary antipsychotic medication while in confinement. [1999 c 214 § 6.]
[Title 71 RCW—page 26]
Intent—Effective date—1999 c 214: See notes following RCW
72.09.370.
71.05.620
71.05.620 Court files and records closed—Exceptions. The files and records of court proceedings under this
chapter and chapters 70.96A, 71.34, and 70.96B RCW shall
be closed but shall be accessible to any person who is the subject of a petition and to the person’s attorney, guardian ad
litem, resource management services, or service providers
authorized to receive such information by resource management services. [2005 c 504 § 111; 1989 c 205 § 12.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Contingent effective date—1989 c 205 §§ 11-19: "Sections 10 [11]
through 19 of this act shall take effect on July 1, 1995, or when regional support networks are established." [1989 c 205 § 24.] See note following chapter
digest.
71.05.630
71.05.630 Treatment records—Confidential—
Release. (1) Except as otherwise provided by law, all treatment records shall remain confidential and may be released
only to the persons designated in this section, or to other persons designated in an informed written consent of the patient.
(2) Treatment records of a person may be released without informed written consent in the following circumstances:
(a) To a person, organization, or agency as necessary for
management or financial audits, or program monitoring and
evaluation. Information obtained under this subsection shall
remain confidential and may not be used in a manner that discloses the name or other identifying information about the
person whose records are being released.
(b) To the department, the director of regional support
networks, or a qualified staff member designated by the
director only when necessary to be used for billing or collection purposes. The information shall remain confidential.
(c) For purposes of research as permitted in chapter
42.48 RCW.
(d) Pursuant to lawful order of a court.
(e) To qualified staff members of the department, to the
director of regional support networks, to resource management services responsible for serving a patient, or to service
providers designated by resource management services as
necessary to determine the progress and adequacy of treatment and to determine whether the person should be transferred to a less restrictive or more appropriate treatment
modality or facility. The information shall remain confidential.
(f) Within the treatment facility where the patient is
receiving treatment, confidential information may be disclosed to persons employed, serving in bona fide training
programs, or participating in supervised volunteer programs,
at the facility when it is necessary to perform their duties.
(g) Within the department as necessary to coordinate
treatment for mental illness, developmental disabilities, alcoholism, or drug abuse of persons who are under the supervision of the department.
(h) To a licensed physician who has determined that the
life or health of the person is in danger and that treatment
without the information contained in the treatment records
(2006 Ed.)
Mental Illness
could be injurious to the patient’s health. Disclosure shall be
limited to the portions of the records necessary to meet the
medical emergency.
(i) To a facility that is to receive a person who is involuntarily committed under chapter 71.05 RCW, or upon transfer of the person from one treatment facility to another. The
release of records under this subsection shall be limited to the
treatment records required by law, a record or summary of all
somatic treatments, and a discharge summary. The discharge
summary may include a statement of the patient’s problem,
the treatment goals, the type of treatment which has been provided, and recommendation for future treatment, but may not
include the patient’s complete treatment record.
(j) Notwithstanding the provisions of RCW
71.05.390(7), to a correctional facility or a corrections officer
who is responsible for the supervision of a person who is
receiving inpatient or outpatient evaluation or treatment.
Except as provided in RCW 71.05.445 and *71.34.225,
release of records under this section is limited to:
(i) An evaluation report provided pursuant to a written
supervision plan.
(ii) The discharge summary, including a record or summary of all somatic treatments, at the termination of any
treatment provided as part of the supervision plan.
(iii) When a person is returned from a treatment facility
to a correctional facility, the information provided under
(j)(iv) of this subsection.
(iv) Any information necessary to establish or implement changes in the person’s treatment plan or the level or
kind of supervision as determined by resource management
services. In cases involving a person transferred back to a
correctional facility, disclosure shall be made to clinical staff
only.
(k) To the person’s counsel or guardian ad litem, without
modification, at any time in order to prepare for involuntary
commitment or recommitment proceedings, reexaminations,
appeals, or other actions relating to detention, admission,
commitment, or patient’s rights under chapter 71.05 RCW.
(l) To staff members of the protection and advocacy
agency or to staff members of a private, nonprofit corporation
for the purpose of protecting and advocating the rights of persons with mental disorders or developmental disabilities.
Resource management services may limit the release of
information to the name, birthdate, and county of residence
of the patient, information regarding whether the patient was
voluntarily admitted, or involuntarily committed, the date
and place of admission, placement, or commitment, the name
and address of a guardian of the patient, and the date and
place of the guardian’s appointment. Any staff member who
wishes to obtain additional information shall notify the
patient’s resource management services in writing of the
request and of the resource management services’ right to
object. The staff member shall send the notice by mail to the
guardian’s address. If the guardian does not object in writing
within fifteen days after the notice is mailed, the staff member may obtain the additional information. If the guardian
objects in writing within fifteen days after the notice is
mailed, the staff member may not obtain the additional information.
(3) Whenever federal law or federal regulations restrict
the release of information contained in the treatment records
(2006 Ed.)
71.05.660
of any patient who receives treatment for chemical dependency, the department may restrict the release of the information as necessary to comply with federal law and regulations.
[2005 c 504 § 112; 2000 c 75 § 5; 1989 c 205 § 13.]
*Reviser’s note: RCW 71.34.225 was recodified as RCW 71.34.345
pursuant to 2005 c 371 § 6.
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Intent—2000 c 75: See note following RCW 71.05.445.
Contingent effective date—1989 c 205 §§ 11-19: See note following
RCW 71.05.620.
71.05.640
71.05.640 Treatment records—Access procedures.
(1) Procedures shall be established by resource management
services to provide reasonable and timely access to individual
treatment records. However, access may not be denied at any
time to records of all medications and somatic treatments
received by the person.
(2) Following discharge, the person shall have a right to
a complete record of all medications and somatic treatments
prescribed during evaluation, admission, or commitment and
to a copy of the discharge summary prepared at the time of
his or her discharge. A reasonable and uniform charge for
reproduction may be assessed.
(3) Treatment records may be modified prior to inspection to protect the confidentiality of other patients or the
names of any other persons referred to in the record who gave
information on the condition that his or her identity remain
confidential. Entire documents may not be withheld to protect such confidentiality.
(4) At the time of discharge all persons shall be informed
by resource management services of their rights as provided
in RCW 71.05.390 and 71.05.620 through 71.05.690. [2005
c 504 § 712; 2005 c 504 § 113; 2000 c 94 § 11; 1999 c 13 §
9. Prior: 1989 c 205 § 14.]
Reviser’s note: This section was amended by 2005 c 504 § 113 and by
2005 c 504 § 712, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
Contingent effective date—1989 c 205 §§ 11-19: See note following
RCW 71.05.620.
71.05.660
71.05.660 Treatment records—Privileged communications unaffected. Nothing in this chapter or chapter
70.96A, 71.05, 71.34, or 70.96B RCW shall be construed to
interfere with communications between physicians or psychologists and patients and attorneys and clients. [2005 c 504
§ 114; 1989 c 205 § 16.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
[Title 71 RCW—page 27]
71.05.680
Title 71 RCW: Mental Illness
Contingent effective date—1989 c 205 §§ 11-19: See note following
RCW 71.05.620.
71.05.680
71.05.680 Treatment records—Access under false
pretenses, penalty. Any person who requests or obtains
confidential information pursuant to RCW 71.05.620 through
71.05.690 under false pretenses shall be guilty of a gross misdemeanor. [2005 c 504 § 713; 1999 c 13 § 11. Prior: 1989 c
205 § 18.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
Contingent effective date—1989 c 205 §§ 11-19: See note following
RCW 71.05.620.
71.05.690 Treatment records—Rules. The department shall adopt rules to implement RCW 71.05.620 through
71.05.680. [2005 c 504 § 714; 1999 c 13 § 12. Prior: 1989
c 205 § 19.]
71.05.690
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
present a substantial likelihood of repeating similar acts, and
the secretary shall cause such persons to be evaluated to
ascertain if such persons are developmentally disabled for
placement in a program specifically reserved for the treatment and training of persons with developmental disabilities.
[1999 c 13 § 13; 1989 c 420 § 18.]
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
Chapter 71.06
Chapter 71.06 RCW
SEXUAL PSYCHOPATHS
Sections
71.06.005
71.06.010
71.06.020
71.06.030
71.06.040
71.06.050
71.06.060
71.06.070
71.06.080
71.06.091
71.06.100
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
71.06.120
71.06.130
71.06.135
71.06.140
Contingent effective date—1989 c 205 §§ 11-19: See note following
RCW 71.05.620.
71.06.260
71.06.270
Application of chapter.
Definitions.
Sexual psychopaths—Petition.
Procedure on petition—Effect of acquittal on criminal charge.
Preliminary hearing—Evidence—Detention in hospital for
observation.
Preliminary hearing—Report of findings.
Preliminary hearing—Commitment, or other disposition of
charge.
Preliminary hearing—Jury trial.
Preliminary hearing—Construction of chapter—Trial, evidence, law relating to criminally insane.
Postcommitment proceedings, releases, and further dispositions.
Postcommitment proceedings, releases, and further dispositions—Hospital record to be furnished court, board of prison
terms and paroles.
Credit for time served in hospital.
Discharge pursuant to conditional release.
Sexual psychopaths—Release of information authorized.
State hospitals for care of sexual psychopaths—Transfers to
correctional institutions—Examinations, reports.
Hospitalization costs—Sexual psychopaths—Financial
responsibility.
Availability of records.
71.05.900
71.05.900 Severability—1973 1st ex.s. c 142. If any
provision of this 1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
this act, or the application of the provision to other persons or
circumstances is not affected. [1973 1st ex.s. c 142 § 63.]
71.05.910
71.05.910 Construction—1973 1st ex.s. c 142. Sections 6 through 63 of this 1973 amendatory act shall constitute a new chapter in Title 71 RCW, and shall be considered
the successor to those sections of chapter 71.02 RCW
repealed by this 1973 amendatory act. [1973 1st ex.s. c 142
§ 64.]
71.05.920 Section headings not part of the law. Section headings as used in sections 6 through 63 of this 1973
amendatory act shall not constitute any part of law. [1973 1st
ex.s. c 142 § 65.]
71.05.920
71.05.930
71.05.930 Effective date—1973 1st ex.s. c 142. This
1973 amendatory act shall take effect on January 1, 1974.
[1973 1st ex.s. c 142 § 67.]
71.05.940
71.05.940 Equal application of 1989 c 420—Evaluation for developmental disability. The provisions of chapter 420, Laws of 1989 shall apply equally to persons in the
custody of the department on May 13, 1989, who were found
by a court to be not guilty by reason of insanity or incompetent to stand trial, or who have been found to have committed
acts constituting a felony pursuant to RCW 71.05.280(3) and
[Title 71 RCW—page 28]
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Nonresident sexual psychopaths and psychopathic delinquents: Chapter
72.25 RCW.
Telephone calls soliciting immoral acts: RCW 9.61.230 through 9.61.250.
71.06.005
71.06.005 Application of chapter. With respect to sexual psychopaths, this chapter applies only to crimes or
offenses committed before July 1, 1984. [1984 c 209 § 27.]
Effective dates—1984 c 209: See note following RCW 9.94A.030.
71.06.010
71.06.010 Definitions. As used in this chapter, the following terms shall have the following meanings:
"Psychopathic personality" means the existence in any
person of such hereditary, congenital or acquired condition
affecting the emotional or volitional rather than the intellectual field and manifested by anomalies of such character as to
render satisfactory social adjustment of such person difficult
or impossible.
"Sexual psychopath" means any person who is affected
in a form of psychoneurosis or in a form of psychopathic personality, which form predisposes such person to the commission of sexual offenses in a degree constituting him a menace
to the health or safety of others.
"Sex offense" means one or more of the following:
Abduction, incest, rape, assault with intent to commit rape,
indecent assault, contributing to the delinquency of a minor
involving sexual misconduct, sodomy, indecent exposure,
indecent liberties with children, carnal knowledge of chil(2006 Ed.)
Sexual Psychopaths
dren, soliciting or enticing or otherwise communicating with
a child for immoral purposes, vagrancy involving immoral or
sexual misconduct, or an attempt to commit any of the said
offenses.
"Minor" means any person under eighteen years of age.
"Department" means department of social and health services.
"Court" means the superior court of the state of Washington.
"Superintendent" means the superintendent of a state
institution designated for the custody, care and treatment of
sexual psychopaths or psychopathic delinquents. [1985 c 354
§ 32; 1977 ex.s. c 80 § 42; 1971 ex.s. c 292 § 65; 1961 c 65 §
1; 1959 c 25 § 71.06.010. Prior: 1957 c 184 § 1; 1951 c 223
§ 2; 1949 c 198 §§ 25 and 40; Rem. Supp. 1949 §§ 6953-25
and 6953-40.]
Severability—Effective date—1985 c 354: See RCW 71.34.900 and
71.34.901.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
71.06.020
71.06.020 Sexual psychopaths—Petition. Where any
person is charged in the superior court in this state with a sex
offense and it appears that such person is a sexual psychopath, the prosecuting attorney may file a petition in the criminal proceeding, alleging that the defendant is a sexual psychopath and stating sufficient facts to support such allegation.
Such petition must be filed and served on the defendant or his
attorney at least ten days prior to hearing on the criminal
charge. [1959 c 25 § 71.06.020. Prior: 1951 c 223 § 3; 1949
c 198 § 26; Rem. Supp. 1949 § 6953-26.]
71.06.030
71.06.030 Procedure on petition—Effect of acquittal
on criminal charge. The court shall proceed to hear the
criminal charge. If the defendant is convicted or has previously pleaded guilty to such charge, judgment shall be pronounced, but the execution of the sentence may be deferred
or suspended, as in other criminal cases, and the court shall
then proceed to hear and determine the allegation of sexual
psychopathy. Acquittal on the criminal charge shall not operate to suspend the hearing on the allegation of sexual psychopathy: PROVIDED, That the provisions of RCW 71.06.140
authorizing transfer of a committed sexual psychopath to a
correctional institution shall not apply to the committed sexual psychopath who has been acquitted on the criminal
charge. [1967 c 104 § 1; 1959 c 25 § 71.06.030. Prior: 1951
c 223 § 4.]
71.06.040
71.06.040 Preliminary hearing—Evidence—Detention in hospital for observation. At a preliminary hearing
upon the charge of sexual psychopathy, the court may require
the testimony of two duly licensed physicians who have
examined the defendant. If the court finds that there are reasonable grounds to believe the defendant is a sexual psychopath, the court shall order said defendant confined at the nearest state hospital for observation as to the existence of sexual
psychopathy. Such observation shall be for a period of not to
exceed ninety days. The defendant shall be detained in the
county jail or other county facilities pending execution of
(2006 Ed.)
71.06.091
such observation order by the department. [1959 c 25 §
71.06.040. Prior: 1951 c 223 § 5.]
71.06.050
71.06.050 Preliminary hearing—Report of findings.
Upon completion of said observation period the superintendent of the state hospital shall return the defendant to the
court, together with a written report of his findings as to
whether or not the defendant is a sexual psychopath and the
facts upon which his opinion is based. [1959 c 25 §
71.06.050. Prior: 1951 c 223 § 6.]
71.06.060
71.06.060 Preliminary hearing—Commitment, or
other disposition of charge. After the superintendent’s
report has been filed, the court shall determine whether or not
the defendant is a sexual psychopath. If said defendant is
found to be a sexual psychopath, the court shall commit him
to the secretary of social and health services for designation
of the facility for detention, care, and treatment of the sexual
psychopath. If the defendant is found not to be a sexual psychopath, the court shall order the sentence to be executed, or
may discharge the defendant as the case may merit. [1979 c
141 § 129; 1967 c 104 § 2; 1959 c 25 § 71.06.060. Prior:
1951 c 223 § 7.]
71.06.070
71.06.070 Preliminary hearing—Jury trial. A jury
may be demanded to determine the question of sexual psychopathy upon hearing after return of the superintendent’s
report. Such demand must be in writing and filed with the
court within ten days after filing of the petition alleging the
defendant to be a sexual psychopath. [1959 c 25 § 71.06.070.
Prior: 1951 c 223 § 14; 1949 c 198 § 38; Rem. Supp. 1949 §
6953-38.]
71.06.080
71.06.080 Preliminary hearing—Construction of
chapter—Trial, evidence, law relating to criminally
insane. Nothing in this chapter shall be construed as to affect
the procedure for the ordinary conduct of criminal trials as
otherwise set up by law. Nothing in this chapter shall be construed to prevent the defendant, his attorney or the court of its
own motion, from producing evidence and witnesses at the
hearing on the probable existence of sexual psychopathy or at
the hearing after the return of the superintendent’s report.
Nothing in this chapter shall be construed as affecting the
laws relating to the criminally insane or the insane criminal,
nor shall this chapter be construed as preventing the defendant from raising the defense of insanity as in other criminal
cases. [1959 c 25 § 71.06.080. Prior: 1951 c 223 § 15.]
Criminally insane: Chapter 10.77 RCW.
71.06.091
71.06.091 Postcommitment proceedings, releases,
and further dispositions. A sexual psychopath committed
pursuant to RCW 71.06.060 shall be retained by the superintendent of the institution involved until in the superintendent’s opinion he is safe to be at large, or until he has received
the maximum benefit of treatment, or is not amenable to
treatment, but the superintendent is unable to render an opinion that he is safe to be at large. Thereupon, the superintendent of the institution involved shall so inform whatever
court committed the sexual psychopath. The court then may
order such further examination and investigation of such per[Title 71 RCW—page 29]
71.06.100
Title 71 RCW: Mental Illness
son as seems necessary, and may at its discretion, summon
such person before it for further hearing, together with any
witnesses whose testimony may be pertinent, and together
with any relevant documents and other evidence. On the basis
of such reports, investigation, and possible hearing, the court
shall determine whether the person before it shall be released
unconditionally from custody as a sexual psychopath,
released conditionally, returned to the custody of the institution as a sexual psychopath, or transferred to the department
of corrections to serve the original sentence imposed upon
him. The power of the court to grant conditional release for
any such person before it shall be the same as its power to
grant, amend and revoke probation as provided by chapter
9.95 RCW. When the sexual psychopath has entered upon the
conditional release, the state *board of prison terms and
paroles shall supervise such person pursuant to the terms and
conditions of the conditional release, as set by the court:
PROVIDED, That the superintendent of the institution
involved shall never release the sexual psychopath from custody without a court release as herein set forth. [1981 c 136
§ 64; 1979 c 141 § 130; 1967 c 104 § 3.]
*Reviser’s note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
Effective date—1981 c 136: See RCW 72.09.900.
71.06.100
71.06.100 Post commitment proceedings, releases,
and further dispositions—Hospital record to be furnished
court, board of prison terms and paroles. Where under
RCW 71.06.091 the superintendent renders his opinion to the
committing court, he shall provide the committing court, and,
in the event of conditional release, the Washington state
*board of prison terms and paroles, with a copy of the hospital medical record concerning the sexual psychopath. [1967
c 104 § 4; 1959 c 25 § 71.06.100. Prior: 1951 c 223 § 10.]
*Reviser’s note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
71.06.120
71.06.120 Credit for time served in hospital. Time
served by a sexual psychopath in a state hospital shall count
as part of his sentence whether such sentence is pronounced
before or after adjudication of his sexual psychopathy. [1959
c 25 § 71.06.120. Prior: 1951 c 223 § 13.]
71.06.130
71.06.130 Discharge pursuant to conditional release.
Where a sexual psychopath has been conditionally released
by the committing court, as provided by RCW 71.06.091 for
a period of five years, the court shall review his record and
when the court is satisfied that the sexual psychopath is safe
to be at large, said sexual psychopath shall be discharged.
[1967 c 104 § 5; 1959 c 25 § 71.06.130. Prior: 1951 c 223 §
12; 1949 c 198 § 28, part; Rem. Supp. 1949 § 6953-28, part.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
71.06.140
71.06.140 State hospitals for care of sexual psychopaths—Transfers to correctional institutions—Examinations, reports. The department may designate one or more
state hospitals for the care and treatment of sexual psychopaths: PROVIDED, That a committed sexual psychopath
who has been determined by the superintendent of such mental hospital to be a custodial risk, or a hazard to other patients
may be transferred by the secretary of social and health services, with the consent of the secretary of corrections, to one
of the correctional institutions within the department of corrections which has psychiatric care facilities. A committed
sexual psychopath who has been transferred to a correctional
institution shall be observed and treated at the psychiatric
facilities provided by the correctional institution. A complete
psychiatric examination shall be given to each sexual psychopath so transferred at least twice annually. The examinations
may be conducted at the correctional institution or at one of
the mental hospitals. The examiners shall report in writing
the results of said examinations, including recommendations
as to future treatment and custody, to the superintendent of
the mental hospital from which the sexual psychopath was
transferred, and to the committing court, with copies of such
reports and recommendations to the superintendent of the
correctional institution. [1981 c 136 § 65; 1979 c 141 § 131;
1967 c 104 § 6; 1959 c 25 § 71.06.140. Prior: 1951 c 223 §
11; 1949 c 198 § 37; Rem. Supp. 1949 § 6953-37.]
Effective date—1981 c 136: See RCW 72.09.900.
71.06.260
71.06.260 Hospitalization costs—Sexual psychopaths—Financial responsibility. At any time any person is
committed as a sexual psychopath the court shall, after reasonable notice of the time, place and purpose of the hearing
has been given to persons subject to liability under this section, inquire into and determine the financial ability of said
person, or his parents if he is a minor, or other relatives to pay
the cost of care, meals and lodging during his period of hospitalization. Such cost shall be determined by the department
of social and health services. Findings of fact shall be made
relative to the ability to pay such cost and a judgment entered
against the person or persons found to be financially responsible and directing the payment of said cost or such part
thereof as the court may direct. The person committed, or his
parents or relatives, may apply for modification of said judgment, or the order last entered by the court, if a proper showing of equitable grounds is made therefor. [1985 c 354 § 33;
1979 c 141 § 132; 1959 c 25 § 71.06.260. Prior: 1957 c 26 §
1; 1951 c 223 § 27.]
Severability—Effective date—1985 c 354: See RCW 71.34.900 and
71.34.901.
71.06.270
71.06.135
71.06.135 Sexual psychopaths—Release of information authorized. In addition to any other information
required to be released under this chapter, the department is
authorized, pursuant to RCW 4.24.550, to release relevant
information that is necessary to protect the public, concerning
a specific sexual psychopath committed under this chapter.
[1990 c 3 § 120.]
[Title 71 RCW—page 30]
71.06.270 Availability of records. The records, files,
and other written information prepared by the department of
social and health services for individuals committed under
this chapter shall be made available upon request to the
department of corrections or the *board of prison terms and
paroles for persons who are the subject of the records who are
committed to the custody of the department of corrections or
the board of prison terms and paroles. [1983 c 196 § 5.]
(2006 Ed.)
Sexually Violent Predators
*Reviser’s note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
Chapter 71.09
Chapter 71.09 RCW
SEXUALLY VIOLENT PREDATORS
Sections
71.09.010
71.09.015
71.09.020
71.09.025
71.09.030
71.09.040
71.09.050
71.09.060
71.09.070
71.09.080
71.09.085
71.09.090
71.09.092
71.09.094
71.09.096
71.09.098
71.09.110
71.09.112
71.09.115
71.09.120
71.09.130
71.09.135
71.09.140
71.09.200
71.09.210
71.09.220
71.09.230
71.09.250
71.09.2501
71.09.252
71.09.255
71.09.260
71.09.265
71.09.275
71.09.280
71.09.285
71.09.290
71.09.295
71.09.300
71.09.305
71.09.310
71.09.315
71.09.320
71.09.325
71.09.330
71.09.335
71.09.340
71.09.341
71.09.342
71.09.343
71.09.344
71.09.345
71.09.350
71.09.800
71.09.900
71.09.901
71.09.902
(2006 Ed.)
Findings.
Finding—Intent—Clarification.
Definitions.
Notice to prosecuting attorney prior to release.
Sexually violent predator petition—Filing.
Sexually violent predator petition—Probable cause hearing—
Judicial determination—Transfer for evaluation.
Trial—Rights of parties.
Trial—Determination—Commitment procedures.
Annual examinations of persons committed under chapter.
Rights of persons committed under this chapter.
Medical care—Contracts for services.
Petition for conditional release to less restrictive alternative or
unconditional discharge—Procedures.
Conditional release to less restrictive alternative—Findings.
Conditional release to less restrictive alternative—Verdict.
Conditional release to less restrictive alternative—Judgment—Conditions—Annual review.
Conditional release to less restrictive alternative—Hearing on
revocation or modification—Authority to apprehend conditionally released person.
Department of social and health services—Duties—Reimbursement.
Department of social and health services—Jurisdiction continues after criminal conviction—Exception.
Record check required for employees of secure facility.
Release of information authorized.
Notice of escape or disappearance.
McNeil Island—Escape planning, response.
Notice of conditional release or unconditional discharge—
Notice of escape and recapture.
Escorted leave—Definitions.
Escorted leave—Conditions.
Escorted leave—Notice.
Escorted leave—Rules.
Transition facility—Siting.
"All other laws" defined.
Transition facilities—Agreements for regional facilities.
Transition facilities—Incentive grants and payments.
Transition facilities not limited to residential neighborhoods.
Transition facilities—Distribution of impact.
Transition facility—Transportation of residents.
Transition facility—Release to less restrictive placement.
Transition facility—Siting policy guidelines.
Other transition facilities—Siting policy guidelines.
Transition facilities—Security systems.
Transition facilities—Staffing.
Transition facility residents—Monitoring, escorting.
Transition facility residents—Mandatory escorts.
Transition facilities—Public notice, review, and comment.
Transition facilities—Operational advisory boards.
Transition facilities—Conditional release—Reports—Violations.
Transition facilities—Contracted operation—Enforcement
remedies.
Conditional release from total confinement—Community
notification.
Conditionally released persons—Employment, educational
notification.
Transition facilities—Authority of department—Effect of
local regulations.
Transition facilities—Siting—Local regulations preempted,
when—Consideration of public safety measures.
Transition facilities—Contract between state and local governments.
Transition facilities—Mitigation agreements.
Alternative placement—Authority of court.
Examination and treatment only by certified providers—
Exceptions.
Rules.
Index, part headings not law—1990 c 3.
Severability—1990 c 3.
Effective dates—Application—1990 c 3.
71.09.020
71.09.010
71.09.010 Findings. The legislature finds that a small
but extremely dangerous group of sexually violent predators
exist who do not have a mental disease or defect that renders
them appropriate for the existing involuntary treatment act,
chapter 71.05 RCW, which is intended to be a short-term
civil commitment system that is primarily designed to provide short-term treatment to individuals with serious mental
disorders and then return them to the community. In contrast
to persons appropriate for civil commitment under chapter
71.05 RCW, sexually violent predators generally have personality disorders and/or mental abnormalities which are
unamenable to existing mental illness treatment modalities
and those conditions render them likely to engage in sexually
violent behavior. The legislature further finds that sex offenders’ likelihood of engaging in repeat acts of predatory sexual
violence is high. The existing involuntary commitment act,
chapter 71.05 RCW, is inadequate to address the risk to reoffend because during confinement these offenders do not have
access to potential victims and therefore they will not engage
in an overt act during confinement as required by the involuntary treatment act for continued confinement. The legislature
further finds that the prognosis for curing sexually violent
offenders is poor, the treatment needs of this population are
very long term, and the treatment modalities for this population are very different than the traditional treatment modalities for people appropriate for commitment under the involuntary treatment act. [2001 c 286 § 3; 1990 c 3 § 1001.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
71.09.015
71.09.015 Finding—Intent—Clarification. The legislature finds that presentation of evidence related to conditions
of a less restrictive alternative that are beyond the authority of
the court to order, and that would not exist in the absence of
a court order, reduces the public respect for the rule of law
and for the authority of the courts. Consequently, the legislature finds that the decision in In re the Detention of Casper
Ross, 102 Wn. App 108 (2000), is contrary to the legislature’s intent. The legislature hereby clarifies that it intends,
and has always intended, in any proceeding under this chapter that the court and jury be presented only with conditions
that would exist or that the court would have the authority to
order in the absence of a finding that the person is a sexually
violent predator. [2001 c 286 § 1.]
Recommendations—2001 c 286: "The department of social and health
services shall, in consultation with interested stakeholders, develop recommendations for improving the procedures used to notify victims when a sexually violent predator is conditionally released to a less restrictive alternative
under chapter 71.09 RCW, while at the same time maintaining the confidentiality of victim information." [2001 c 286 § 10.]
Application—2001 c 286: "This act applies to all individuals currently
committed or awaiting commitment under chapter 71.09 RCW either on,
before, or after May 14, 2001, whether confined in a secure facility or on
conditional release." [2001 c 286 § 14.]
Effective date—2001 c 286: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2001]." [2001 c 286 § 15.]
71.09.020
71.09.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
[Title 71 RCW—page 31]
71.09.020
Title 71 RCW: Mental Illness
(1) "Department" means the department of social and
health services.
(2) "Health care facility" means any hospital, hospice
care center, licensed or certified health care facility, health
maintenance organization regulated under chapter 48.46
RCW, federally qualified health maintenance organization,
federally approved renal dialysis center or facility, or federally approved blood bank.
(3) "Health care practitioner" means an individual or
firm licensed or certified to engage actively in a regulated
health profession.
(4) "Health care services" means those services provided
by health professionals licensed pursuant to RCW
18.120.020(4).
(5) "Health profession" means those licensed or regulated professions set forth in RCW 18.120.020(4).
(6) "Less restrictive alternative" means court-ordered
treatment in a setting less restrictive than total confinement
which satisfies the conditions set forth in RCW 71.09.092. A
less restrictive alternative may not include placement in the
community protection program as pursuant to RCW
71A.12.230.
(7) "Likely to engage in predatory acts of sexual violence
if not confined in a secure facility" means that the person
more probably than not will engage in such acts if released
unconditionally from detention on the sexually violent predator petition. Such likelihood must be evidenced by a recent
overt act if the person is not totally confined at the time the
petition is filed under RCW 71.09.030.
(8) "Mental abnormality" means a congenital or acquired
condition affecting the emotional or volitional capacity
which predisposes the person to the commission of criminal
sexual acts in a degree constituting such person a menace to
the health and safety of others.
(9) "Predatory" means acts directed towards: (a) Strangers; (b) individuals with whom a relationship has been established or promoted for the primary purpose of victimization;
or (c) persons of casual acquaintance with whom no substantial personal relationship exists.
(10) "Recent overt act" means any act or threat that has
either caused harm of a sexually violent nature or creates a
reasonable apprehension of such harm in the mind of an
objective person who knows of the history and mental condition of the person engaging in the act.
(11) "Risk potential activity" or "risk potential facility"
means an activity or facility that provides a higher incidence
of risk to the public from persons conditionally released from
the special commitment center. Risk potential activities and
facilities include: Public and private schools, school bus
stops, licensed day care and licensed preschool facilities,
public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, public and private youth camps, and others identified by the department
following the hearings on a potential site required in RCW
71.09.315. For purposes of this chapter, "school bus stops"
does not include bus stops established primarily for public
transit.
(12) "Secretary" means the secretary of social and health
services or the secretary’s designee.
[Title 71 RCW—page 32]
(13) "Secure facility" means a residential facility for persons civilly confined under the provisions of this chapter that
includes security measures sufficient to protect the community. Such facilities include total confinement facilities,
secure community transition facilities, and any residence
used as a court-ordered placement under RCW 71.09.096.
(14) "Secure community transition facility" means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision
and security, and either provides or ensures the provision of
sex offender treatment services. Secure community transition facilities include but are not limited to the facility established pursuant to RCW 71.09.250(1)(a)(i) and any community-based facilities established under this chapter and operated by the secretary or under contract with the secretary.
(15) "Sexually violent offense" means an act committed
on, before, or after July 1, 1990, that is: (a) An act defined in
Title 9A RCW as rape in the first degree, rape in the second
degree by forcible compulsion, rape of a child in the first or
second degree, statutory rape in the first or second degree,
indecent liberties by forcible compulsion, indecent liberties
against a child under age fourteen, incest against a child
under age fourteen, or child molestation in the first or second
degree; (b) a felony offense in effect at any time prior to July
1, 1990, that is comparable to a sexually violent offense as
defined in (a) of this subsection, or any federal or out-of-state
conviction for a felony offense that under the laws of this
state would be a sexually violent offense as defined in this
subsection; (c) an act of murder in the first or second degree,
assault in the first or second degree, assault of a child in the
first or second degree, kidnapping in the first or second
degree, burglary in the first degree, residential burglary, or
unlawful imprisonment, which act, either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to this chapter, has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined in RCW 9.94A.030; or (d) an act
as described in chapter 9A.28 RCW, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the
felonies designated in (a), (b), or (c) of this subsection.
(16) "Sexually violent predator" means any person who
has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in
predatory acts of sexual violence if not confined in a secure
facility.
(17) "Total confinement facility" means a secure facility
that provides supervision and sex offender treatment services
in a total confinement setting. Total confinement facilities
include the special commitment center and any similar facility designated as a total confinement facility by the secretary.
[2006 c 303 § 10. Prior: 2003 c 216 § 2; 2003 c 50 § 1; 2002
c 68 § 4; 2002 c 58 § 2; 2001 2nd sp.s. c 12 § 102; 2001 c 286
§ 4; 1995 c 216 § 1; 1992 c 145 § 17; 1990 1st ex.s. c 12 § 2;
1990 c 3 § 1002.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
Application—2003 c 50: "This act applies prospectively only and not
retroactively and does not apply to development regulations adopted or
amended prior to April 17, 2003." [2003 c 50 § 3.]
(2006 Ed.)
Sexually Violent Predators
71.09.040
Effective date—2003 c 50: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 17, 2003]." [2003 c 50 § 4.]
subsequently amended by 2002 c 58 § 2, changing subsection (12) to subsection (16).
**(2) RCW 10.77.020 was amended by 1998 c 297 § 30, deleting subsection (3).
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Effective date—2002 c 58: See note following RCW 71.09.085.
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Effective date—1990 1st ex.s. c 12: See note following RCW
13.40.020.
71.09.025
71.09.025 Notice to prosecuting attorney prior to
release. (1)(a) When it appears that a person may meet the
criteria of a sexually violent predator as defined in *RCW
71.09.020(1), the agency with jurisdiction shall refer the person in writing to the prosecuting attorney of the county where
that person was charged, three months prior to:
(i) The anticipated release from total confinement of a
person who has been convicted of a sexually violent offense;
(ii) The anticipated release from total confinement of a
person found to have committed a sexually violent offense as
a juvenile;
(iii) Release of a person who has been charged with a
sexually violent offense and who has been determined to be
incompetent to stand trial pursuant to RCW 10.77.090(4); or
(iv) Release of a person who has been found not guilty
by reason of insanity of a sexually violent offense pursuant to
**RCW 10.77.020(3).
(b) The agency shall provide the prosecutor with all relevant information including but not limited to the following
information:
(i) A complete copy of the institutional records compiled
by the department of corrections relating to the person, and
any such out-of-state department of corrections’ records, if
available;
(ii) A complete copy, if applicable, of any file compiled
by the indeterminate sentence review board relating to the
person;
(iii) All records relating to the psychological or psychiatric evaluation and/or treatment of the person;
(iv) A current record of all prior arrests and convictions,
and full police case reports relating to those arrests and convictions; and
(v) A current mental health evaluation or mental health
records review.
(2) This section applies to acts committed before, on, or
after March 26, 1992.
(3) The agency, its employees, and officials shall be
immune from liability for any good-faith conduct under this
section.
(4) As used in this section, "agency with jurisdiction"
means that agency with the authority to direct the release of a
person serving a sentence or term of confinement and
includes the department of corrections, the indeterminate
sentence review board, and the department of social and
health services. [2001 c 286 § 5; 1995 c 216 § 2; 1992 c 45 §
3.]
Reviser’s note: *(1) RCW 71.09.020 was amended by 2001 2nd sp.s. c
12 § 102, changing subsection (1) to subsection (12). RCW 71.09.020 was
(2006 Ed.)
71.09.030
71.09.030 Sexually violent predator petition—Filing.
When it appears that: (1) A person who at any time previously has been convicted of a sexually violent offense is
about to be released from total confinement on, before, or
after July 1, 1990; (2) a person found to have committed a
sexually violent offense as a juvenile is about to be released
from total confinement on, before, or after July 1, 1990; (3) a
person who has been charged with a sexually violent offense
and who has been determined to be incompetent to stand trial
is about to be released, or has been released on, before, or
after July 1, 1990, pursuant to *RCW 10.77.090(3); (4) a person who has been found not guilty by reason of insanity of a
sexually violent offense is about to be released, or has been
released on, before, or after July 1, 1990, pursuant to RCW
**10.77.020(3), 10.77.110 (1) or (3), or 10.77.150; or (5) a
person who at any time previously has been convicted of a
sexually violent offense and has since been released from
total confinement and has committed a recent overt act; and it
appears that the person may be a sexually violent predator,
the prosecuting attorney of the county where the person was
convicted or charged or the attorney general if requested by
the prosecuting attorney may file a petition alleging that the
person is a "sexually violent predator" and stating sufficient
facts to support such allegation. [1995 c 216 § 3; 1992 c 45 §
4; 1990 1st ex.s. c 12 § 3; 1990 c 3 § 1003.]
Reviser’s note: *(1) RCW 10.77.090 was amended by 1998 c 297 § 38,
changing subsection (3) to subsection (4).
**(2) RCW 10.77.020 was amended by 1998 c 297 § 30, deleting subsection (3).
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
Effective date—1990 1st ex.s. c 12: See note following RCW
13.40.020.
71.09.040
71.09.040 Sexually violent predator petition—Probable cause hearing—Judicial determination—Transfer for
evaluation. (1) Upon the filing of a petition under RCW
71.09.030, the judge shall determine whether probable cause
exists to believe that the person named in the petition is a sexually violent predator. If such determination is made the
judge shall direct that the person be taken into custody.
(2) Within seventy-two hours after a person is taken into
custody pursuant to subsection (1) of this section, the court
shall provide the person with notice of, and an opportunity to
appear in person at, a hearing to contest probable cause as to
whether the person is a sexually violent predator. At this
hearing, the court shall (a) verify the person’s identity, and
(b) determine whether probable cause exists to believe that
the person is a sexually violent predator. At the probable
cause hearing, the state may rely upon the petition and certification for determination of probable cause filed pursuant to
RCW 71.09.030. The state may supplement this with additional documentary evidence or live testimony.
[Title 71 RCW—page 33]
71.09.050
Title 71 RCW: Mental Illness
(3) At the probable cause hearing, the person shall have
the following rights in addition to the rights previously specified: (a) To be represented by counsel; (b) to present evidence on his or her behalf; (c) to cross-examine witnesses
who testify against him or her; (d) to view and copy all petitions and reports in the court file.
(4) If the probable cause determination is made, the
judge shall direct that the person be transferred to an appropriate facility for an evaluation as to whether the person is a
sexually violent predator. The evaluation shall be conducted
by a person deemed to be professionally qualified to conduct
such an examination pursuant to rules developed by the
department of social and health services. In adopting such
rules, the department of social and health services shall consult with the department of health and the department of corrections. In no event shall the person be released from confinement prior to trial. A witness called by either party shall
be permitted to testify by telephone. [2001 c 286 § 6; 1995 c
216 § 4; 1990 c 3 § 1004.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
71.09.050 Trial—Rights of parties. (1) Within fortyfive days after the completion of any hearing held pursuant to
RCW 71.09.040, the court shall conduct a trial to determine
whether the person is a sexually violent predator. The trial
may be continued upon the request of either party and a
showing of good cause, or by the court on its own motion in
the due administration of justice, and when the respondent
will not be substantially prejudiced. At all stages of the proceedings under this chapter, any person subject to this chapter
shall be entitled to the assistance of counsel, and if the person
is indigent, the court shall appoint counsel to assist him or
her. The person shall be confined in a secure facility for the
duration of the trial.
(2) Whenever any person is subjected to an examination
under this chapter, he or she may retain experts or professional persons to perform an examination on their behalf.
When the person wishes to be examined by a qualified expert
or professional person of his or her own choice, such examiner shall be permitted to have reasonable access to the person for the purpose of such examination, as well as to all relevant medical and psychological records and reports. In the
case of a person who is indigent, the court shall, upon the person’s request, assist the person in obtaining an expert or professional person to perform an examination or participate in
the trial on the person’s behalf.
(3) The person, the prosecuting attorney or attorney general, or the judge shall have the right to demand that the trial
be before a twelve-person jury. If no demand is made, the
trial shall be before the court. [1995 c 216 § 5; 1990 c 3 §
1005.]
71.09.050
71.09.060
71.09.060 Trial—Determination—Commitment procedures. (1) The court or jury shall determine whether,
beyond a reasonable doubt, the person is a sexually violent
predator. In determining whether or not the person would be
likely to engage in predatory acts of sexual violence if not
confined in a secure facility, the fact finder may consider
only placement conditions and voluntary treatment options
that would exist for the person if unconditionally released
[Title 71 RCW—page 34]
from detention on the sexually violent predator petition. The
community protection program under RCW 71A.12.230 may
not be considered as a placement condition or treatment
option available to the person if unconditionally released
from detention on a sexually violent predator petition. When
the determination is made by a jury, the verdict must be unanimous.
If, on the date that the petition is filed, the person was
living in the community after release from custody, the state
must also prove beyond a reasonable doubt that the person
had committed a recent overt act. If the state alleges that the
prior sexually violent offense that forms the basis for the petition for commitment was an act that was sexually motivated
as provided in RCW 71.09.020(15)(c), the state must prove
beyond a reasonable doubt that the alleged sexually violent
act was sexually motivated as defined in RCW 9.94A.030.
If the court or jury determines that the person is a sexually violent predator, the person shall be committed to the
custody of the department of social and health services for
placement in a secure facility operated by the department of
social and health services for control, care, and treatment
until such time as: (a) The person’s condition has so changed
that the person no longer meets the definition of a sexually
violent predator; or (b) conditional release to a less restrictive
alternative as set forth in RCW 71.09.092 is in the best interest of the person and conditions can be imposed that would
adequately protect the community.
If the court or unanimous jury decides that the state has
not met its burden of proving that the person is a sexually violent predator, the court shall direct the person’s release.
If the jury is unable to reach a unanimous verdict, the
court shall declare a mistrial and set a retrial within forty-five
days of the date of the mistrial unless the prosecuting agency
earlier moves to dismiss the petition. The retrial may be continued upon the request of either party accompanied by a
showing of good cause, or by the court on its own motion in
the due administration of justice provided that the respondent
will not be substantially prejudiced. In no event may the person be released from confinement prior to retrial or dismissal
of the case.
(2) If the person charged with a sexually violent offense
has been found incompetent to stand trial, and is about to or
has been released pursuant to RCW 10.77.090(4), and his or
her commitment is sought pursuant to subsection (1) of this
section, the court shall first hear evidence and determine
whether the person did commit the act or acts charged if the
court did not enter a finding prior to dismissal under RCW
10.77.090(4) that the person committed the act or acts
charged. The hearing on this issue must comply with all the
procedures specified in this section. In addition, the rules of
evidence applicable in criminal cases shall apply, and all constitutional rights available to defendants at criminal trials,
other than the right not to be tried while incompetent, shall
apply. After hearing evidence on this issue, the court shall
make specific findings on whether the person did commit the
act or acts charged, the extent to which the person’s incompetence or developmental disability affected the outcome of the
hearing, including its effect on the person’s ability to consult
with and assist counsel and to testify on his or her own behalf,
the extent to which the evidence could be reconstructed without the assistance of the person, and the strength of the pros(2006 Ed.)
Sexually Violent Predators
ecution’s case. If, after the conclusion of the hearing on this
issue, the court finds, beyond a reasonable doubt, that the person did commit the act or acts charged, it shall enter a final
order, appealable by the person, on that issue, and may proceed to consider whether the person should be committed
pursuant to this section.
(3) The state shall comply with RCW 10.77.220 while
confining the person pursuant to this chapter, except that during all court proceedings the person shall be detained in a
secure facility. The department shall not place the person,
even temporarily, in a facility on the grounds of any state
mental facility or regional habilitation center because these
institutions are insufficiently secure for this population.
(4) A court has jurisdiction to order a less restrictive
alternative placement only after a hearing ordered pursuant to
RCW 71.09.090 following initial commitment under this section and in accord with the provisions of this chapter. [2006
c 303 § 11; 2001 c 286 § 7; 1998 c 146 § 1; 1995 c 216 § 6;
1990 1st ex.s. c 12 § 4; 1990 c 3 § 1006.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Effective date—1998 c 146: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 25, 1998]." [1998 c 146 § 2.]
Effective date—1990 1st ex.s. c 12: See note following RCW
13.40.020.
71.09.070
71.09.070 Annual examinations of persons committed under chapter. Each person committed under this chapter shall have a current examination of his or her mental condition made by the department of social and health services at
least once every year. The annual report shall include consideration of whether the committed person currently meets the
definition of a sexually violent predator and whether conditional release to a less restrictive alternative is in the best
interest of the person and conditions can be imposed that
would adequately protect the community. The department of
social and health services shall file this periodic report with
the court that committed the person under this chapter. The
report shall be in the form of a declaration or certification in
compliance with the requirements of RCW 9A.72.085 and
shall be prepared by a professionally qualified person as
defined by rules adopted by the secretary. A copy of the
report shall be served on the prosecuting agency involved in
the initial commitment and upon the committed person and
his or her counsel. The committed person may retain, or if he
or she is indigent and so requests, the court may appoint a
qualified expert or a professional person to examine him or
her, and such expert or professional person shall have access
to all records concerning the person. [2001 c 286 § 8; 1995 c
216 § 7; 1990 c 3 § 1007.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
71.09.080
71.09.080 Rights of persons committed under this
chapter. (1) Any person subjected to restricted liberty as a
sexually violent predator pursuant to this chapter shall not
forfeit any legal right or suffer any legal disability as a consequence of any actions taken or orders made, other than as specifically provided in this chapter.
(2006 Ed.)
71.09.085
(2) Any person committed pursuant to this chapter has
the right to adequate care and individualized treatment. The
department of social and health services shall keep records
detailing all medical, expert, and professional care and treatment received by a committed person, and shall keep copies
of all reports of periodic examinations made pursuant to this
chapter. All such records and reports shall be made available
upon request only to: The committed person, his or her attorney, the prosecuting attorney, the court, the protection and
advocacy agency, or another expert or professional person
who, upon proper showing, demonstrates a need for access to
such records.
(3) At the time a person is taken into custody or transferred into a facility pursuant to a petition under this chapter,
the professional person in charge of such facility or his or her
designee shall take reasonable precautions to inventory and
safeguard the personal property of the persons detained or
transferred. A copy of the inventory, signed by the staff member making it, shall be given to the person detained and shall,
in addition, be open to inspection to any responsible relative,
subject to limitations, if any, specifically imposed by the
detained person. For purposes of this subsection, "responsible relative" includes the guardian, conservator, attorney,
spouse, parent, adult child, or adult brother or sister of the
person. The facility shall not disclose the contents of the
inventory to any other person without consent of the patient
or order of the court.
(4) Nothing in this chapter prohibits a person presently
committed from exercising a right presently available to him
or her for the purpose of obtaining release from confinement,
including the right to petition for a writ of habeas corpus.
(5) No indigent person may be conditionally released or
unconditionally discharged under this chapter without suitable clothing, and the secretary shall furnish the person with
such sum of money as is required by RCW 72.02.100 for persons without ample funds who are released from correctional
institutions. As funds are available, the secretary may provide
payment to the indigent persons conditionally released pursuant to this chapter consistent with the optional provisions of
RCW 72.02.100 and 72.02.110, and may adopt rules to do so.
[1995 c 216 § 8; 1990 c 3 § 1008.]
71.09.085
71.09.085 Medical care—Contracts for services. (1)
Notwithstanding any other provisions of law, the secretary
may enter into contracts with health care practitioners, health
care facilities, and other entities or agents as may be necessary to provide basic medical care to residents. The contracts
shall not cause the termination of classified employees of the
department rendering the services at the time the contract is
executed.
(2) In contracting for services, the secretary is authorized
to provide for indemnification of health care practitioners
who cannot obtain professional liability insurance through
reasonable effort, from liability on any action, claim, or proceeding instituted against them arising out of the good faith
performance or failure of performance of services on behalf
of the department. The contracts may provide that for the purposes of chapter 4.92 RCW only, those health care practitioners with whom the department has contracted shall be considered state employees. [2002 c 58 § 1.]
[Title 71 RCW—page 35]
71.09.090
Title 71 RCW: Mental Illness
Effective date—2002 c 58: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 21, 2002]." [2002 c 58 § 3.]
71.09.090
71.09.090 Petition for conditional release to less
restrictive alternative or unconditional discharge—Procedures. (1) If the secretary determines that the person’s
condition has so changed that either: (a) The person no
longer meets the definition of a sexually violent predator; or
(b) conditional release to a less restrictive alternative is in the
best interest of the person and conditions can be imposed that
adequately protect the community, the secretary shall authorize the person to petition the court for conditional release to
a less restrictive alternative or unconditional discharge. The
petition shall be filed with the court and served upon the prosecuting agency responsible for the initial commitment. The
court, upon receipt of the petition for conditional release to a
less restrictive alternative or unconditional discharge, shall
within forty-five days order a hearing.
(2)(a) Nothing contained in this chapter shall prohibit the
person from otherwise petitioning the court for conditional
release to a less restrictive alternative or unconditional discharge without the secretary’s approval. The secretary shall
provide the committed person with an annual written notice
of the person’s right to petition the court for conditional
release to a less restrictive alternative or unconditional discharge over the secretary’s objection. The notice shall contain a waiver of rights. The secretary shall file the notice and
waiver form and the annual report with the court. If the person does not affirmatively waive the right to petition, the
court shall set a show cause hearing to determine whether
probable cause exists to warrant a hearing on whether the person’s condition has so changed that: (i) He or she no longer
meets the definition of a sexually violent predator; or (ii) conditional release to a proposed less restrictive alternative
would be in the best interest of the person and conditions can
be imposed that would adequately protect the community.
(b) The committed person shall have a right to have an
attorney represent him or her at the show cause hearing,
which may be conducted solely on the basis of affidavits or
declarations, but the person is not entitled to be present at the
show cause hearing. At the show cause hearing, the prosecuting attorney or attorney general shall present prima facie evidence establishing that the committed person continues to
meet the definition of a sexually violent predator and that a
less restrictive alternative is not in the best interest of the person and conditions cannot be imposed that adequately protect
the community. In making this showing, the state may rely
exclusively upon the annual report prepared pursuant to
RCW 71.09.070. The committed person may present responsive affidavits or declarations to which the state may reply.
(c) If the court at the show cause hearing determines that
either: (i) The state has failed to present prima facie evidence
that the committed person continues to meet the definition of
a sexually violent predator and that no proposed less restrictive alternative is in the best interest of the person and conditions cannot be imposed that would adequately protect the
community; or (ii) probable cause exists to believe that the
person’s condition has so changed that: (A) The person no
longer meets the definition of a sexually violent predator; or
[Title 71 RCW—page 36]
(B) release to a proposed less restrictive alternative would be
in the best interest of the person and conditions can be
imposed that would adequately protect the community, then
the court shall set a hearing on either or both issues.
(d) If the court has not previously considered the issue of
release to a less restrictive alternative, either through a trial
on the merits or through the procedures set forth in RCW
71.09.094(1), the court shall consider whether release to a
less restrictive alternative would be in the best interests of the
person and conditions can be imposed that would adequately
protect the community, without considering whether the person’s condition has changed.
(3)(a) At the hearing resulting from subsection (1) or (2)
of this section, the committed person shall be entitled to be
present and to the benefit of all constitutional protections that
were afforded to the person at the initial commitment proceeding. The prosecuting agency or the attorney general if
requested by the county shall represent the state and shall
have a right to a jury trial and to have the committed person
evaluated by experts chosen by the state. The committed person shall also have the right to a jury trial and the right to
have experts evaluate him or her on his or her behalf and the
court shall appoint an expert if the person is indigent and
requests an appointment.
(b) If the issue at the hearing is whether the person
should be unconditionally discharged, the burden of proof
shall be upon the state to prove beyond a reasonable doubt
that the committed person’s condition remains such that the
person continues to meet the definition of a sexually violent
predator. Evidence of the prior commitment trial and disposition is admissible.
(c) If the issue at the hearing is whether the person
should be conditionally released to a less restrictive alternative, the burden of proof at the hearing shall be upon the state
to prove beyond a reasonable doubt that conditional release
to any proposed less restrictive alternative either: (i) Is not in
the best interest of the committed person; or (ii) does not
include conditions that would adequately protect the community. Evidence of the prior commitment trial and disposition
is admissible.
(4)(a) Probable cause exists to believe that a person’s
condition has "so changed," under subsection (2) of this section, only when evidence exists, since the person’s last commitment trial proceeding, of a substantial change in the person’s physical or mental condition such that the person either
no longer meets the definition of a sexually violent predator
or that a conditional release to a less restrictive alternative is
in the person’s best interest and conditions can be imposed to
adequately protect the community.
(b) A new trial proceeding under subsection (3) of this
section may be ordered, or held, only when there is current
evidence from a licensed professional of one of the following
and the evidence presents a change in condition since the person’s last commitment trial proceeding:
(i) An identified physiological change to the person,
such as paralysis, stroke, or dementia, that renders the committed person unable to commit a sexually violent act and this
change is permanent; or
(ii) A change in the person’s mental condition brought
about through positive response to continuing participation in
treatment which indicates that the person meets the standard
(2006 Ed.)
Sexually Violent Predators
for conditional release to a less restrictive alternative or that
the person would be safe to be at large if unconditionally
released from commitment.
(c) For purposes of this section, a change in a single
demographic factor, without more, does not establish probable cause for a new trial proceeding under subsection (3) of
this section. As used in this section, a single demographic
factor includes, but is not limited to, a change in the chronological age, marital status, or gender of the committed person.
(5) The jurisdiction of the court over a person civilly
committed pursuant to this chapter continues until such time
as the person is unconditionally discharged. [2005 c 344 § 2;
2001 c 286 § 9; 1995 c 216 § 9; 1992 c 45 § 7; 1990 c 3 §
1009.]
Findings—Intent—2005 c 344: "The legislature finds that the decisions in In re Young, 120 Wn. App. 753, review denied, Wn.2d (2004)
and In re Ward, Wn. App. (2005) illustrate an unintended consequence
of language in chapter 71.09 RCW.
The Young and Ward decisions are contrary to the legislature’s intent
set forth in RCW 71.09.010 that civil commitment pursuant to chapter 71.09
RCW address the "very long-term" needs of the sexually violent predator
population for treatment and the equally long-term needs of the community
for protection from these offenders. The legislature finds that the mental
abnormalities and personality disorders that make a person subject to commitment under chapter 71.09 RCW are severe and chronic and do not remit
due solely to advancing age or changes in other demographic factors.
The legislature finds, although severe medical conditions like stroke,
paralysis, and some types of dementia can leave a person unable to commit
further sexually violent acts, that a mere advance in age or a change in gender
or some other demographic factor after the time of commitment does not
merit a new trial proceeding under RCW 71.09.090. To the contrary, the legislature finds that a new trial ordered under the circumstances set forth in
Young and Ward subverts the statutory focus on treatment and reduces community safety by removing all incentive for successful treatment participation in favor of passive aging and distracting committed persons from fully
engaging in sex offender treatment.
The Young and Ward decisions are contrary to the legislature’s intent
that the risk posed by persons committed under chapter 71.09 RCW will generally require prolonged treatment in a secure facility followed by intensive
community supervision in the cases where positive treatment gains are sufficient for community safety. The legislature has, under the guidance of the
federal court, provided avenues through which committed persons who successfully progress in treatment will be supported by the state in a conditional
release to a less restrictive alternative that is in the best interest of the committed person and provides adequate safeguards to the community and is the
appropriate next step in the person’s treatment.
The legislature also finds that, in some cases, a committed person may
appropriately challenge whether he or she continues to meet the criteria for
commitment. Because of this, the legislature enacted RCW 71.09.070 and
71.09.090, requiring a regular review of a committed person’s status and permitting the person the opportunity to present evidence of a relevant change
in condition from the time of the last commitment trial proceeding. These
provisions are intended only to provide a method of revisiting the indefinite
commitment due to a relevant change in the person’s condition, not an alternate method of collaterally attacking a person’s indefinite commitment for
reasons unrelated to a change in condition. Where necessary, other existing
statutes and court rules provide ample opportunity to resolve any concerns
about prior commitment trials. Therefore, the legislature intends to clarify
the "so changed" standard." [2005 c 344 § 1.]
Severability—2005 c 344: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 344 § 3.]
Effective date—2005 c 344: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 9, 2005]." [2005 c 344 § 4.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
(2006 Ed.)
71.09.096
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
71.09.092
71.09.092 Conditional release to less restrictive alternative—Findings. Before the court may enter an order
directing conditional release to a less restrictive alternative, it
must find the following: (1) The person will be treated by a
treatment provider who is qualified to provide such treatment
in the state of Washington under chapter 18.155 RCW; (2)
the treatment provider has presented a specific course of
treatment and has agreed to assume responsibility for such
treatment and will report progress to the court on a regular
basis, and will report violations immediately to the court, the
prosecutor, the supervising community corrections officer,
and the superintendent of the special commitment center; (3)
housing exists that is sufficiently secure to protect the community, and the person or agency providing housing to the
conditionally released person has agreed in writing to accept
the person, to provide the level of security required by the
court, and immediately to report to the court, the prosecutor,
the supervising community corrections officer, and the superintendent of the special commitment center if the person
leaves the housing to which he or she has been assigned without authorization; (4) the person is willing to comply with the
treatment provider and all requirements imposed by the treatment provider and by the court; and (5) the person is willing
to comply with supervision requirements imposed by the
department of corrections. [1995 c 216 § 10.]
71.09.094
71.09.094 Conditional release to less restrictive alternative—Verdict. (1) Upon the conclusion of the evidence in
a hearing held pursuant to RCW 71.09.090 or through summary judgment proceedings prior to such a hearing, if the
court finds that there is no legally sufficient evidentiary basis
for a reasonable jury to find that the conditions set forth in
RCW 71.09.092 have been met, the court shall grant a motion
by the state for a judgment as a matter of law on the issue of
conditional release to a less restrictive alternative.
(2) Whenever the issue of conditional release to a less
restrictive alternative is submitted to the jury, the court shall
instruct the jury to return a verdict in substantially the following form: Has the state proved beyond a reasonable doubt
that either: (a) The proposed less restrictive alternative is not
in the best interests of respondent; or (b) does not include
conditions that would adequately protect the community?
Answer: Yes or No. [2001 c 286 § 11; 1995 c 216 § 11.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
71.09.096
71.09.096 Conditional release to less restrictive alternative—Judgment—Conditions—Annual review. (1) If
the court or jury determines that conditional release to a less
restrictive alternative is in the best interest of the person and
includes conditions that would adequately protect the community, and the court determines that the minimum conditions set forth in RCW 71.09.092 and in this section are met,
the court shall enter judgment and direct a conditional
release.
(2) The court shall impose any additional conditions necessary to ensure compliance with treatment and to protect the
community. If the court finds that conditions do not exist that
[Title 71 RCW—page 37]
71.09.098
Title 71 RCW: Mental Illness
will both ensure the person’s compliance with treatment and
protect the community, then the person shall be remanded to
the custody of the department of social and health services for
control, care, and treatment in a secure facility as designated
in RCW 71.09.060(1).
(3) If the service provider designated by the court to provide inpatient or outpatient treatment or to monitor or supervise any other terms and conditions of a person’s placement
in a less restrictive alternative is other than the department of
social and health services or the department of corrections,
then the service provider so designated must agree in writing
to provide such treatment, monitoring, or supervision in
accord with this section. Any person providing or agreeing to
provide treatment, monitoring, or supervision services pursuant to this chapter may be compelled to testify and any privilege with regard to such person’s testimony is deemed
waived.
(4) Prior to authorizing any release to a less restrictive
alternative, the court shall impose such conditions upon the
person as are necessary to ensure the safety of the community. The court shall order the department of corrections to
investigate the less restrictive alternative and recommend any
additional conditions to the court. These conditions shall
include, but are not limited to the following: Specification of
residence, prohibition of contact with potential or past victims, prohibition of alcohol and other drug use, participation
in a specific course of inpatient or outpatient treatment that
may include monitoring by the use of polygraph and plethysmograph, supervision by a department of corrections community corrections officer, a requirement that the person
remain within the state unless the person receives prior
authorization by the court, and any other conditions that the
court determines are in the best interest of the person or others. A copy of the conditions of release shall be given to the
person and to any designated service providers.
(5) Any service provider designated to provide inpatient
or outpatient treatment shall monthly, or as otherwise
directed by the court, submit to the court, to the department of
social and health services facility from which the person was
released, to the prosecutor of the county in which the person
was found to be a sexually violent predator, and to the supervising community corrections officer, a report stating
whether the person is complying with the terms and conditions of the conditional release to a less restrictive alternative.
(6) Each person released to a less restrictive alternative
shall have his or her case reviewed by the court that released
him or her no later than one year after such release and annually thereafter until the person is unconditionally discharged.
Review may occur in a shorter time or more frequently, if the
court, in its discretion on its own motion, or on motion of the
person, the secretary, or the prosecuting attorney so determines. The sole question to be determined by the court is
whether the person shall continue to be conditionally released
to a less restrictive alternative. The court in making its determination shall be aided by the periodic reports filed pursuant
to subsection (5) of this section and the opinions of the secretary and other experts or professional persons. [2001 c 286 §
12; 1995 c 216 § 12.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
[Title 71 RCW—page 38]
71.09.098
71.09.098 Conditional release to less restrictive alternative—Hearing on revocation or modification—Authority to apprehend conditionally released person. (1) Any
service provider submitting reports pursuant to RCW
71.09.096(6), the supervising community corrections officer,
the prosecuting attorney, or the attorney general may petition
the court, or the court on its own motion may schedule an
immediate hearing, for the purpose of revoking or modifying
the terms of the person’s conditional release to a less restrictive alternative if the petitioner or the court believes the
released person is not complying with the terms and conditions of his or her release or is in need of additional care,
monitoring, supervision, or treatment.
(2) If the prosecuting attorney, the supervising community corrections officer, or the court, based upon information
received by them, reasonably believes that a conditionally
released person is not complying with the terms and conditions of his or her conditional release to a less restrictive
alternative, the court or community corrections officer may
order that the conditionally released person be apprehended
and taken into custody until such time as a hearing can be
scheduled to determine the facts and whether or not the person’s conditional release should be revoked or modified. A
law enforcement officer, who has responded to a request for
assistance from a department employee, may apprehend and
take into custody the conditionally released person if the law
enforcement officer reasonably believes that the conditionally released person is not complying with the terms and conditions of his or her conditional release to a less restrictive
alternative. The conditionally released person may be
detained in the county jail or returned to the secure community transition facility. The court shall be notified before the
close of the next judicial day of the person’s apprehension.
Both the prosecuting attorney and the conditionally released
person shall have the right to request an immediate mental
examination of the conditionally released person. If the conditionally released person is indigent, the court shall, upon
request, assist him or her in obtaining a qualified expert or
professional person to conduct the examination.
(3) The court, upon receiving notification of the person’s
apprehension, shall promptly schedule a hearing. The issue
to be determined is whether the state has proven by a preponderance of the evidence that the conditionally released person
did not comply with the terms and conditions of his or her
release. Hearsay evidence is admissible if the court finds it
otherwise reliable. At the hearing, the court shall determine
whether the person shall continue to be conditionally released
on the same or modified conditions or whether his or her conditional release shall be revoked and he or she shall be committed to total confinement, subject to release only in accordance with provisions of this chapter. [2006 c 282 § 1; 2001
c 286 § 13; 1995 c 216 § 13.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
71.09.110
71.09.110 Department of social and health services—
Duties—Reimbursement. The department of social and
health services shall be responsible for all costs relating to the
evaluation and treatment of persons committed to their custody whether in a secure facility or under a less restrictive
alternative under any provision of this chapter. Reimburse(2006 Ed.)
Sexually Violent Predators
ment may be obtained by the department for the cost of care
and treatment of persons committed to its custody whether in
a secure facility or under a less restrictive alternative pursuant
to RCW 43.20B.330 through 43.20B.370. [1995 c 216 § 14;
1990 c 3 § 1011.]
71.09.112
71.09.112 Department of social and health services—
Jurisdiction continues after criminal conviction—Exception. A person subject to court order under the provisions of
this chapter who is thereafter convicted of a criminal offense
remains under the jurisdiction of the department following:
(1) Completion of the criminal sentence; or (2) release from
confinement in a state or local correctional facility, and shall
be returned to the custody of the department.
This section does not apply to persons subject to a court
order under the provisions of this chapter who are thereafter
sentenced to life without the possibility of release. [2002 c 19
§ 1.]
71.09.115
71.09.115 Record check required for employees of
secure facility. (1) The safety and security needs of the
secure facility operated by the department of social and
health services pursuant to RCW 71.09.060(1) make it vital
that employees working in the facility meet necessary character, suitability, and competency qualifications. The secretary
shall require a record check through the Washington state
patrol criminal identification system under chapter 10.97
RCW and through the federal bureau of investigation. The
record check must include a fingerprint check using a complete Washington state criminal identification fingerprint
card. The criminal history record checks shall be at the
expense of the department. The secretary shall use the information only in making the initial employment or engagement
decision, except as provided in subsection (2) of this section.
Further dissemination or use of the record is prohibited.
(2) This section applies to all current employees hired
prior to June 6, 1996, who have not previously submitted to a
department of social and health services criminal history
records check. The secretary shall use the information only in
determining whether the current employee meets the necessary character, suitability, and competency requirements for
employment or engagement. [1996 c 27 § 1.]
71.09.120
71.09.120 Release of information authorized. In addition to any other information required to be released under
this chapter, the department is authorized, pursuant to RCW
4.24.550, to release relevant information that is necessary to
protect the public, concerning a specific sexually violent
predator committed under this chapter. [1990 c 3 § 1012.]
71.09.130
71.09.130 Notice of escape or disappearance. In the
event of an escape by a person committed under this chapter
from a state institution or the disappearance of such a person
while on conditional release, the superintendent or community corrections officer shall notify the following as appropriate: Local law enforcement officers, other governmental
agencies, the person’s relatives, and any other appropriate
persons about information necessary for the public safety or
to assist in the apprehension of the person. [1995 c 216 § 16.]
(2006 Ed.)
71.09.140
71.09.135
71.09.135 McNeil Island—Escape planning,
response. The emergency response team for McNeil Island
shall plan, coordinate, and respond in the event of an escape
from the special commitment center or the secure community
transition facility. [2003 c 216 § 6.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
71.09.140
71.09.140 Notice of conditional release or unconditional discharge—Notice of escape and recapture. (1) At
the earliest possible date, and in no event later than thirty
days before conditional release or unconditional discharge,
except in the event of escape, the department of social and
health services shall send written notice of conditional
release, unconditional discharge, or escape, to the following:
(a) The chief of police of the city, if any, in which the
person will reside or in which placement will be made under
a less restrictive alternative;
(b) The sheriff of the county in which the person will
reside or in which placement will be made under a less
restrictive alternative; and
(c) The sheriff of the county where the person was last
convicted of a sexually violent offense, if the department
does not know where the person will reside.
The department shall notify the state patrol of the release
of all sexually violent predators and that information shall be
placed in the Washington crime information center for dissemination to all law enforcement.
(2) The same notice as required by subsection (1) of this
section shall be sent to the following if such notice has been
requested in writing about a specific person found to be a sexually violent predator under this chapter:
(a) The victim or victims of any sexually violent offenses
for which the person was convicted in the past or the victim’s
next of kin if the crime was a homicide. "Next of kin" as used
in this section means a person’s spouse, parents, siblings, and
children;
(b) Any witnesses who testified against the person in his
or her commitment trial under RCW 71.09.060; and
(c) Any person specified in writing by the prosecuting
attorney.
Information regarding victims, next of kin, or witnesses
requesting the notice, information regarding any other person
specified in writing by the prosecuting attorney to receive the
notice, and the notice are confidential and shall not be available to the committed person.
(3) If a person committed as a sexually violent predator
under this chapter escapes from a department of social and
health services facility, the department shall immediately
notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the
county in which the committed person resided immediately
before his or her commitment as a sexually violent predator,
or immediately before his or her incarceration for his or her
most recent offense. If previously requested, the department
shall also notify the witnesses and the victims of the sexually
violent offenses for which the person was convicted in the
past or the victim’s next of kin if the crime was a homicide. If
the person is recaptured, the department shall send notice to
the persons designated in this subsection as soon as possible
[Title 71 RCW—page 39]
71.09.200
Title 71 RCW: Mental Illness
but in no event later than two working days after the department learns of such recapture.
(4) If the victim or victims of any sexually violent
offenses for which the person was convicted in the past or the
victim’s next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the
parents or legal guardian of the child.
(5) The department of social and health services shall
send the notices required by this chapter to the last address
provided to the department by the requesting party. The
requesting party shall furnish the department with a current
address.
(6) Nothing in this section shall impose any liability
upon a chief of police of a city or sheriff of a county for failing to request in writing a notice as provided in subsection (1)
of this section. [1995 c 216 § 17.]
71.09.200
71.09.200 Escorted leave—Definitions. For purposes
of RCW 71.09.210 through 71.09.230:
(1) "Escorted leave" means a leave of absence from a
facility housing persons detained or committed pursuant to
this chapter under the continuous supervision of an escort.
(2) "Escort" means a correctional officer or other person
approved by the superintendent or the superintendent’s designee to accompany a resident on a leave of absence and be in
visual or auditory contact with the resident at all times.
(3) "Resident" means a person detained or committed
pursuant to this chapter. [1995 c 216 § 18.]
71.09.210
71.09.210 Escorted leave—Conditions. The superintendent of any facility housing persons detained or committed pursuant to this chapter may, subject to the approval of
the secretary, grant escorted leaves of absence to residents
confined in such institutions to:
(1) Go to the bedside of the resident’s wife, husband,
child, mother or father, or other member of the resident’s
immediate family who is seriously ill;
(2) Attend the funeral of a member of the resident’s
immediate family listed in subsection (1) of this section; and
(3) Receive necessary medical or dental care which is
not available in the institution. [1995 c 216 § 19.]
71.09.220
71.09.220 Escorted leave—Notice. A resident shall
not be allowed to start a leave of absence under RCW
71.09.210 until the secretary, or the secretary’s designee, has
notified any county and city law enforcement agency having
jurisdiction in the area of the resident’s destination. [1995 c
216 § 20.]
71.09.230
71.09.230 Escorted leave—Rules. (1) The secretary is
authorized to adopt rules providing for the conditions under
which residents will be granted leaves of absence and providing for safeguards to prevent escapes while on leaves of
absence. Leaves of absence granted to residents under RCW
71.09.210, however, shall not allow or permit any resident to
go beyond the boundaries of this state.
(2) The secretary shall adopt rules requiring reimbursement of the state from the resident granted leave of absence,
or the resident’s family, for the actual costs incurred arising
from any leave of absence granted under the authority of
[Title 71 RCW—page 40]
RCW 71.09.210 (1) and (2). No state funds shall be expended
in connection with leaves of absence granted under RCW
71.09.210 (1) and (2) unless the resident and the resident’s
immediate family are indigent and without resources sufficient to reimburse the state for the expenses of such leaves of
absence. [1995 c 216 § 21.]
71.09.250
71.09.250 Transition facility—Siting. (1)(a) The secretary is authorized to site, construct, occupy, and operate (i)
a secure community transition facility on McNeil Island for
persons authorized to petition for a less restrictive alternative
under RCW 71.09.090(1) and who are conditionally released;
and (ii) a special commitment center on McNeil Island with
up to four hundred four beds as a total confinement facility
under this chapter, subject to appropriated funding for those
purposes. The secure community transition facility shall be
authorized for the number of beds needed to ensure compliance with the orders of the superior courts under this chapter
and the federal district court for the western district of Washington. The total number of beds in the secure community
transition facility shall be limited to twenty-four, consisting
of up to fifteen transitional beds and up to nine pretransitional
beds. The residents occupying the transitional beds shall be
the only residents eligible for transitional services occurring
in Pierce county. In no event shall more than fifteen residents
of the secure community transition facility be participating in
off-island transitional, educational, or employment activity at
the same time in Pierce county. The department shall provide
the Pierce county sheriff, or his or her designee, with a list of
the fifteen residents so designated, along with their photographs and physical descriptions, and the list shall be immediately updated whenever a residential change occurs. The
Pierce county sheriff, or his or her designee, shall be provided
an opportunity to confirm the residential status of each resident leaving McNeil Island.
(b) For purposes of this subsection, "transitional beds"
means beds only for residents who are judged by a qualified
expert to be suitable to leave the island for treatment, education, and employment.
(2)(a) The secretary is authorized to site, either within
the secure community transition facility established pursuant
to subsection (1)(a)(i) of this section, or within the special
commitment center, up to nine pretransitional beds.
(b) Residents assigned to pretransitional beds shall not
be permitted to leave McNeil Island for education, employment, treatment, or community activities in Pierce county.
(c) For purposes of this subsection, "pretransitional
beds" means beds for residents whose progress toward a less
secure residential environment and transition into more complete community involvement is projected to take substantially longer than a typical resident of the special commitment center.
(3) Notwithstanding RCW 36.70A.103 or any other law,
this statute preempts and supersedes local plans, development regulations, permitting requirements, inspection
requirements, and all other laws as necessary to enable the
secretary to site, construct, occupy, and operate a secure community transition facility on McNeil Island and a total confinement facility on McNeil Island.
(4) To the greatest extent possible, until June 30, 2003,
persons who were not civilly committed from the county in
(2006 Ed.)
Sexually Violent Predators
which the secure community transition facility established
pursuant to subsection (1) of this section is located may not
be conditionally released to a setting in that same county less
restrictive than that facility.
(5) As of June 26, 2001, the state shall immediately
cease any efforts in effect on such date to site secure community transition facilities, other than the facility authorized by
subsection (1) of this section, and shall instead site such facilities in accordance with the provisions of this section.
(6) The department must:
(a) Identify the minimum and maximum number of
secure community transition facility beds in addition to the
facility established under subsection (1) of this section that
may be necessary for the period of May 2004 through May
2007 and provide notice of these numbers to all counties by
August 31, 2001; and
(b) Develop and publish policy guidelines for the siting
and operation of secure community transition facilities.
(7)(a) The total number of secure community transition
facility beds that may be required to be sited in a county
between June 26, 2001, and June 30, 2008, may be no greater
than the total number of persons civilly committed from that
county, or detained at the special commitment center under a
pending civil commitment petition from that county where a
finding of probable cause had been made on April 1, 2001.
The total number of secure community transition facility
beds required to be sited in each county between July 1, 2008,
and June 30, 2015, may be no greater than the total number of
persons civilly committed from that county or detained at the
special commitment center under a pending civil commitment petition from that county where a finding of probable
cause had been made as of July 1, 2008.
(b) Counties and cities that provide secure community
transition facility beds above the maximum number that they
could be required to site under this subsection are eligible for
a bonus grant under the incentive provisions in RCW
71.09.255. The county where the special commitment center
is located shall receive this bonus grant for the number of
beds in the facility established in subsection (1) of this section in excess of the maximum number established by this
subsection.
(c) No secure community transition facilities in addition
to the one established in subsection (1) of this section may be
required to be sited in the county where the special commitment center is located until after June 30, 2008, provided
however, that the county and its cities may elect to site additional secure community transition facilities and shall be eligible under the incentive provisions of RCW 71.09.255 for
any additional facilities meeting the requirements of that section.
(8) In identifying potential sites within a county for the
location of a secure community transition facility, the department shall work with and assist local governments to provide
for the equitable distribution of such facilities. In coordinating and deciding upon the siting of secure community transition facilities, great weight shall be given by the county and
cities within the county to:
(a) The number and location of existing residential facility beds operated by the department of corrections or the
mental health division of the department of social and health
services in each jurisdiction in the county; and
(2006 Ed.)
71.09.252
(b) The number of registered sex offenders classified as
level II or level III and the number of sex offenders registered
as homeless residing in each jurisdiction in the county.
(9)(a) "Equitable distribution" means siting or locating
secure community transition facilities in a manner that will
not cause a disproportionate grouping of similar facilities
either in any one county, or in any one jurisdiction or community within a county, as relevant; and
(b) "Jurisdiction" means a city, town, or geographic area
of a county in which distinct political or judicial authority
may be exercised. [2003 c 216 § 3; 2001 2nd sp.s. c 12 §
201.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
Intent—2001 2nd sp.s. c 12: "The legislature intends the following
omnibus bill to address the management of sex offenders in the civil commitment and criminal justice systems for purposes of public health, safety, and
welfare. Provisions address siting of and continued operation of facilities for
persons civilly committed under chapter 71.09 RCW and sentencing of persons who have committed sex offenses. Other provisions address the need
for sex offender treatment providers with specific credentials. Additional
provisions address the continued operation or authorized expansion of criminal justice facilities at McNeil Island, because these facilities are impacted
by the civil facilities on McNeil Island for persons committed under chapter
71.09 RCW." [2001 2nd sp.s. c 12 § 101.]
Severability—2001 2nd sp.s. c 12: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 2nd sp.s. c 12 § 504.]
Effective dates—2001 2nd sp.s. c 12: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 26, 2001], except for sections 301 through 363, 501, and
503 of this act which take effect September 1, 2001." [2001 2nd sp.s. c 12 §
505.]
71.09.2501
71.09.2501 "All other laws" defined. (Expires June
30, 2009.) An emergency has been caused by the need to
expeditiously site facilities to house sexually violent predators who have been committed under this chapter. To meet
this emergency, for purposes of RCW 71.09.250 and
71.09.342, "all other laws" means the state environmental
policy act, the shoreline management act, the hydraulics
code, and all other state laws regulating the protection and
use of the water, land, and air.
This section expires June 30, 2009. [2002 c 68 § 11.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
71.09.252
71.09.252 Transition facilities—Agreements for
regional facilities. (1) To encourage economies of scale in
the siting and operation of secure community transition facilities, the department may enter into an agreement with two or
more counties to create a regional secure community transition facility. The agreement must clearly identify the number
of beds from each county that will be contained in the
regional secure community transition facility. The agreement
must specify which county must contain the regional secure
community transition facility and the facility must be sited
accordingly. No county may withdraw from an agreement
under this section unless it has provided an alternative
acceptable secure community transition facility to house any
displaced residents that meets the criteria established for such
[Title 71 RCW—page 41]
71.09.255
Title 71 RCW: Mental Illness
facilities in this chapter and the guidelines established by the
department.
(2) A regional secure community transition facility must
meet the criteria established for secure community transition
facilities in this chapter and the guidelines established by the
department.
(3) The department shall count the beds identified for
each participating county in a regional secure community
transition facility against the maximum number of beds that
could be required for each county under RCW
71.09.250(7)(a).
(4) An agreement for a regional secure community transition facility does not alter the maximum number of beds for
purposes of the incentive grants under RCW 71.09.255 for
the county containing the regional facility. [2002 c 68 § 18.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
71.09.255 Transition facilities—Incentive grants and
payments. (1) Upon receiving the notification required by
RCW 71.09.250, counties must promptly notify the cities
within the county of the maximum number of secure community transition facility beds that may be required and the projected number of beds to be needed in that county.
(2) The incentive grants and payments provided under
this section are subject to the following provisions:
(a) Counties and the cities within the county must notify
each other of siting plans to promote the establishment and
equitable distribution of secure community transition facilities;
(b) Development regulations, ordinances, plans, laws,
and criteria established for siting must be consistent with statutory requirements and rules applicable to siting and operating secure community transition facilities;
(c) The minimum size for any facility is three beds; and
(d) The department must approve any sites selected.
(3) Any county or city that makes a commitment to initiate the process to site one or more secure community transition facilities by one hundred twenty days after March 21,
2002, shall receive a planning grant as proposed and
approved by the department of community, trade, and economic development.
(4) Any county or city that has issued all necessary permits by May 1, 2003, for one or more secure community transition facilities that comply with the requirements of this section shall receive an incentive grant in the amount of fifty
thousand dollars for each bed sited.
(5) To encourage the rapid permitting of sites, any
county or city that has issued all necessary permits by January 1, 2003, for one or more secure community transition
facilities that comply with the requirements of this section
shall receive a bonus in the amount of twenty percent of the
amount provided under subsection (4) of this section.
(6) Any county or city that establishes secure community
transition facility beds in excess of the maximum number that
could be required to be sited in that county shall receive a
bonus payment of one hundred thousand dollars for each bed
established in excess of the maximum requirement.
(7) No payment shall be made under subsection (4), (5),
or (6) of this section until all necessary permits have been
issued.
71.09.255
[Title 71 RCW—page 42]
(8) The funds available to counties and cities under this
section are contingent upon funds being appropriated by the
legislature. [2002 c 68 § 8; 2001 2nd sp.s. c 12 § 204.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.260
71.09.260 Transition facilities not limited to residential neighborhoods. The provisions of chapter 12, Laws of
2001 2nd sp. sess. shall not be construed to limit siting of
secure community transition facilities to residential neighborhoods. [2001 2nd sp.s. c 12 § 206.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.265
71.09.265 Transition facilities—Distribution of
impact. (1) The department shall make reasonable efforts to
distribute the impact of the employment, education, and
social services needs of the residents of the secure community transition facility established pursuant to RCW
71.09.250(1) among the adjoining counties and not to concentrate the residents’ use of resources in any one community.
(2) The department shall develop policies to ensure that,
to the extent possible, placement of persons eligible in the
future for conditional release to a setting less restrictive than
the facility established pursuant to RCW 71.09.250(1) will be
equitably distributed among the counties and within jurisdictions in the county. [2001 2nd sp.s. c 12 § 208.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.275
71.09.275 Transition facility—Transportation of residents. (1) If the department does not provide a separate vessel for transporting residents of the secure community transition facility established in RCW 71.09.250(1) between
McNeil Island and the mainland, the department shall:
(a) Separate residents from minors and vulnerable adults,
except vulnerable adults who have been found to be sexually
violent predators.
(b) Not transport residents during times when children
are normally coming to and from the mainland for school.
(2) The department shall designate a separate waiting
area at the points of debarkation, and residents shall be
required to remain in this area while awaiting transportation.
(3) The department shall provide law enforcement agencies in the counties and cities in which residents of the secure
community transition facility established pursuant to RCW
71.09.250(1)(a)(i) regularly participate in employment, education, or social services, or through which these persons are
regularly transported, with a copy of the court’s order of conditional release with respect to these persons. [2003 c 216 §
4; 2001 2nd sp.s. c 12 § 211.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.280
71.09.280 Transition facility—Release to less restrictive placement. When considering whether a person civilly
(2006 Ed.)
Sexually Violent Predators
committed under this chapter and conditionally released to a
secure community transition facility is appropriate for release
to a placement that is less restrictive than that facility, the
court shall comply with the procedures set forth in RCW
71.09.090 through 71.09.096. In addition, the court shall consider whether the person has progressed in treatment to the
point that a significant change in the person’s routine, including but not limited to a change of employment, education,
residence, or sex offender treatment provider will not cause
the person to regress to the point that the person presents a
greater risk to the community than can reasonably be
addressed in the proposed placement. [2001 2nd sp.s. c 12 §
212.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.285
71.09.285 Transition facility—Siting policy guidelines. (1) Except with respect to the secure community transition facility established pursuant to RCW 71.09.250, the
secretary shall develop policy guidelines that balance the
average response time of emergency services to the general
area of a proposed secure community transition facility
against the proximity of the proposed site to risk potential
activities and facilities in existence at the time the site is
listed for consideration.
(2) In no case shall the policy guidelines permit location
of a facility adjacent to, immediately across a street or parking lot from, or within the line of sight of a risk potential
activity or facility in existence at the time a site is listed for
consideration. "Within the line of sight" means that it is possible to reasonably visually distinguish and recognize individuals.
(3) The policy guidelines shall require that great weight
be given to sites that are the farthest removed from any risk
potential activity.
(4) The policy guidelines shall specify how distance
from the location is measured and any variations in the measurement based on the size of the property within which a
proposed facility is to be located.
(5) The policy guidelines shall establish a method to analyze and compare the criteria for each site in terms of public
safety and security, site characteristics, and program components. In making a decision regarding a site following the
analysis and comparison, the secretary shall give priority to
public safety and security considerations. The analysis and
comparison of the criteria are to be documented and made
available at the public hearings prescribed in RCW
71.09.315.
(6) Policy guidelines adopted by the secretary under this
section shall be considered by counties and cities when providing for the siting of secure community transition facilities
as required under RCW 36.70A.200. [2002 c 68 § 5; 2001
2nd sp.s. c 12 § 213.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.290
71.09.290 Other transition facilities—Siting policy
guidelines. The secretary shall establish policy guidelines
for the siting of secure community transition facilities, other
(2006 Ed.)
71.09.290
than the secure community transition facility established pursuant to RCW 71.09.250(1)(a)(i), which shall include at least
the following minimum requirements:
(1) The following criteria must be considered prior to
any real property being listed for consideration for the location of or use as a secure community transition facility:
(a) The proximity and response time criteria established
under RCW 71.09.285;
(b) The site or building is available for lease for the
anticipated use period or for purchase;
(c) Security monitoring services and appropriate back-up
systems are available and reliable;
(d) Appropriate mental health and sex offender treatment
providers must be available within a reasonable commute;
and
(e) Appropriate permitting for a secure community transition facility must be possible under the zoning code of the
local jurisdiction.
(2) For sites which meet the criteria of subsection (1) of
this section, the department shall analyze and compare the
criteria in subsections (3) through (5) of this section using the
method established in RCW 71.09.285.
(3) Public safety and security criteria shall include at
least the following:
(a) Whether limited visibility between the facility and
adjacent properties can be achieved prior to placement of any
person;
(b) The distance from, and number of, risk potential
activities and facilities, as measured using the policies
adopted under RCW 71.09.285;
(c) The existence of or ability to establish barriers
between the site and the risk potential facilities and activities;
(d) Suitability of the buildings to be used for the secure
community transition facility with regard to existing or feasibly modified features; and
(e) The availability of electronic monitoring that allows
a resident’s location to be determined with specificity.
(4) Site characteristics criteria shall include at least the
following:
(a) Reasonableness of rental, lease, or sale terms including length and renewability of a lease or rental agreement;
(b) Traffic and access patterns associated with the real
property;
(c) Feasibility of complying with zoning requirements
within the necessary time frame; and
(d) A contractor or contractors are available to install,
monitor, and repair the necessary security and alarm systems.
(5) Program characteristics criteria shall include at least
the following:
(a) Reasonable proximity to available medical, mental
health, sex offender, and chemical dependency treatment providers and facilities;
(b) Suitability of the location for programming, staffing,
and support considerations;
(c) Proximity to employment, educational, vocational,
and other treatment plan components.
(6) For purposes of this section "available" or "availability" of qualified treatment providers includes provider qualifications and willingness to provide services, average commute time, and cost of services. [2003 c 216 § 5; 2001 2nd
sp.s. c 12 § 214.]
[Title 71 RCW—page 43]
71.09.295
Title 71 RCW: Mental Illness
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.295
71.09.295 Transition facilities—Security systems. (1)
Security systems for all secure community transition facilities shall meet the following minimum qualifications:
(a) The security panel must be a commercial grade panel
with tamper-proof switches and a key-lock to prevent unauthorized access.
(b) There must be an emergency electrical supply system
which shall include a battery back-up system and a generator.
(c) The system must include personal panic devices for
all staff.
(d) The security system must be capable of being monitored and signaled either by telephone through either a land
or cellular telephone system or by private radio network in
the event of a total dial-tone failure or through equivalent
technologies.
(e) The department shall issue photo-identification
badges to all staff which must be worn at all times.
(2) Security systems for the secure community transition
facility established pursuant to RCW 71.09.250(1) shall also
include a fence and provide the maximum protection appropriate in a civil facility for persons in less than total confinement. [2001 2nd sp.s. c 12 § 215.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.300
71.09.300 Transition facilities—Staffing. Secure
community transition facilities shall meet the following minimum staffing requirements:
(1)(a) At any time the census of a facility that accepts its
first resident before July 1, 2003, is six or fewer residents, the
facility shall maintain a minimum staffing ratio of one staff
per three residents during normal waking hours and one
awake staff per four residents during normal sleeping hours.
In no case shall the staffing ratio permit less than two staff per
housing unit.
(b) At any time the census of a facility that accepts its
first resident on or after July 1, 2003, is six or fewer residents,
the facility shall maintain a minimum staffing ratio of one
staff per resident during normal waking hours and two awake
staff per three residents during normal sleeping hours. In no
case shall the staffing ratio permit less than two staff per
housing unit.
(2) At any time the census of a facility is six or fewer residents, all staff shall be classified as residential rehabilitation
counselor II or have a classification that indicates an equivalent or higher level of skill, experience, and training.
(3) Before being assigned to a facility, all staff shall have
training in sex offender issues, self-defense, and crisis deescalation skills in addition to departmental orientation and,
as appropriate, management training. All staff with resident
treatment or care duties must participate in ongoing in-service training.
(4) All staff must pass a departmental background check
and the check is not subject to the limitations in chapter
9.96A RCW. A person who has been convicted of a felony,
or any sex offense, may not be employed at the secure com[Title 71 RCW—page 44]
munity transition facility or be approved as an escort for a
resident of the facility. [2003 c 216 § 1; 2001 2nd sp.s. c 12
§ 216.]
Severability—2003 c 216: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 216 § 8.]
Effective date—2003 c 216: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 216 § 9.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.305
71.09.305 Transition facility residents—Monitoring,
escorting. (1) Unless otherwise ordered by the court:
(a) Residents of a secure community transition facility
shall wear electronic monitoring devices at all times. To the
extent that electronic monitoring devices that employ global
positioning system technology are available and funds for
this purpose are appropriated by the legislature, the department shall use these devices.
(b) At least one staff member, or other court-authorized
and department-approved person must escort each resident
when the resident leaves the secure community transition
facility for appointments, employment, or other approved
activities. Escorting persons must supervise the resident
closely and maintain close proximity to the resident. The
escort must immediately notify the department of any serious
violation, as defined in RCW 71.09.325, by the resident and
must immediately notify law enforcement of any violation of
law by the resident. The escort may not be a relative of the
resident or a person with whom the resident has, or has had, a
dating relationship as defined in RCW 26.50.010.
(2) Staff members of the special commitment center and
any other total confinement facility and any secure community transition facility must be trained in self-defense and
appropriate crisis responses including incident de-escalation.
Prior to escorting a person outside of a facility, staff members
must also have training in the offense pattern of the offender
they are escorting.
(3) Any escort must carry a cellular telephone or a similar device at all times when escorting a resident of a secure
community transition facility.
(4) The department shall require training in offender pattern, self-defense, and incident response for all court-authorized escorts who are not employed by the department or the
department of corrections. [2002 c 68 § 6; 2001 2nd sp.s. c
12 § 217.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.310
71.09.310 Transition facility residents—Mandatory
escorts. Notwithstanding the provisions of RCW 71.09.305,
residents of the secure community transition facility established pursuant to RCW 71.09.250(1) must be escorted at any
time the resident leaves the facility. [2001 2nd sp.s. c 12 §
218.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
(2006 Ed.)
Sexually Violent Predators
71.09.315
71.09.315 Transition facilities—Public notice,
review, and comment. (1) Whenever the department operates, or the secretary enters into a contract to operate, a secure
community transition facility except the secure community
transition facility established pursuant to RCW 71.09.250(1),
the secure community transition facility may be operated
only after the public notification and opportunities for review
and comment as required by this section.
(2) The secretary shall establish a process for early and
continuous public participation in establishing or relocating
secure community transition facilities. The process shall
include, at a minimum, public meetings in the local communities affected, as well as opportunities for written and oral
comments, in the following manner:
(a) If there are more than three sites initially selected as
potential locations and the selection process by the secretary
or a service provider reduces the number of possible sites for
a secure community transition facility to no fewer than three,
the secretary or the chief operating officer of the service provider shall notify the public of the possible siting and hold at
least two public hearings in each community where a secure
community transition facility may be sited.
(b) When the secretary or service provider has determined the secure community transition facility’s location, the
secretary or the chief operating officer of the service provider
shall hold at least one additional public hearing in the community where the secure community transition facility will be
sited.
(c) When the secretary has entered negotiations with a
service provider and only one site is under consideration,
then at least two public hearings shall be held.
(d) To provide adequate notice of, and opportunity for
interested persons to comment on, a proposed location, the
secretary or the chief operating officer of the service provider
shall provide at least fourteen days’ advance notice of the
meeting to all newspapers of general circulation in the community, all radio and television stations generally available to
persons in the community, any school district in which the
secure community transition facility would be sited or whose
boundary is within two miles of a proposed secure community transition facility, any library district in which the secure
community transition facility would be sited, local business
or fraternal organizations that request notification from the
secretary or agency, and any person or property owner within
a one-half mile radius of the proposed secure community
transition facility. Before initiating this process, the department of social and health services shall contact local government planning agencies in the communities containing the
proposed secure community transition facility. The department of social and health services shall coordinate with local
government agencies to ensure that opportunities are provided for effective citizen input and to reduce the duplication
of notice and meetings.
(3) If local government land use regulations require that
a special use or conditional use permit be submitted and
approved before a secure community transition facility can
be sited, and the process for obtaining such a permit includes
public notice and hearing requirements similar to those
required under this section, the requirements of this section
shall not apply to the extent they would duplicate requirements under the local land use regulations.
(2006 Ed.)
71.09.325
(4) This section applies only to secure community transition facilities sited after June 26, 2001. [2001 2nd sp.s. c 12
§ 219.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.320
71.09.320 Transition facilities—Operational advisory boards. (1) The secretary shall develop a process with
local governments that allows each community in which a
secure community transition facility is located to establish
operational advisory boards of at least seven persons for the
secure community transition facilities. The department may
conduct community awareness activities to publicize this
opportunity. The operational advisory boards developed
under this section shall be implemented following the decision to locate a secure community transition facility in a particular community.
(2) The operational advisory boards may review and
make recommendations regarding the security and operations
of the secure community transition facility and conditions or
modifications necessary with relation to any person who the
secretary proposes to place in the secure community transition facility.
(3) The facility management must consider the recommendations of the community advisory boards. Where the
facility management does not implement an operational advisory board recommendation, the management must provide a
written response to the operational advisory board stating its
reasons for its decision not to implement the recommendation.
(4) The operational advisory boards, their members, and
any agency represented by a member shall not be liable in
any cause of action as a result of its recommendations unless
the advisory board acts with gross negligence or bad faith in
making a recommendation. [2001 2nd sp.s. c 12 § 220.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.325
71.09.325 Transition facilities—Conditional
release—Reports—Violations. (1) The secretary shall
adopt a violation reporting policy for persons conditionally
released to less restrictive alternative placements. The policy
shall require written documentation by the department and
service providers of all violations of conditions set by the
department, the department of corrections, or the court and
establish criteria for returning a violator to the special commitment center or a secure community transition facility with
a higher degree of security. Any conditionally released person who commits a serious violation of conditions shall be
returned to the special commitment center, unless arrested by
a law enforcement officer, and the court shall be notified
immediately and shall initiate proceedings under RCW
71.09.098 to revoke or modify the less restrictive alternative
placement. Nothing in this section limits the authority of the
department to return a person to the special commitment center based on a violation that is not a serious violation as
defined in this section. For the purposes of this section, "serious violation" includes but is not limited to:
(a) The commission of any criminal offense;
(b) Any unlawful use or possession of a controlled substance; and
[Title 71 RCW—page 45]
71.09.330
Title 71 RCW: Mental Illness
(c) Any violation of conditions targeted to address the
person’s documented pattern of offense that increases the risk
to public safety.
(2) When a person is conditionally released to a less
restrictive alternative under this chapter and is under the
supervision of the department of corrections, notice of any
violation of the person’s conditions of release must also be
made to the department of corrections.
(3) Whenever the secretary contracts with a service provider to operate a secure community transition facility, the
contract shall include a requirement that the service provider
must report to the department of social and health services
any known violation of conditions committed by any resident
of the secure community transition facility.
(4) The secretary shall document in writing all violations, penalties, actions by the department of social and
health services to remove persons from a secure community
transition facility, and contract terminations. The secretary
shall compile this information and submit it to the appropriate committees of the legislature on an annual basis. The secretary shall give great weight to a service provider’s record of
violations, penalties, actions by the department of social and
health services or the department of corrections to remove
persons from a secure community transition facility, and contract terminations in determining whether to execute, renew,
or renegotiate a contract with a service provider. [2001 2nd
sp.s. c 12 § 221.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.330
71.09.330 Transition facilities—Contracted operation—Enforcement remedies. Whenever the secretary contracts with a provider to operate a secure community transition facility, the secretary shall include in the contract provisions establishing intermediate contract enforcement
remedies. [2001 2nd sp.s. c 12 § 222.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.335
71.09.335 Conditional release from total confinement—Community notification. A conditional release
from a total confinement facility to a less restrictive alternative is a release that subjects the conditionally released person to the registration requirements specified in RCW
9A.44.130 and to community notification under RCW
4.24.550.
When a person is conditionally released to the secure
community transition facility established pursuant to RCW
71.09.250(1), the sheriff must provide each household on
McNeil Island with the community notification information
provided for under RCW 4.24.550. [2001 2nd sp.s. c 12 §
223.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.340
71.09.340 Conditionally released persons—Employment, educational notification. An employer who hires a
person who has been conditionally released to a less restrictive alternative must notify all other employees of the conditionally released person’s status. Notification for conditionally released persons who enroll in an institution of higher
[Title 71 RCW—page 46]
education shall be made pursuant to the provisions of RCW
9A.44.130 related to sex offenders enrolled in institutions of
higher education and RCW 4.24.550. This section applies
only to conditionally released persons whose court-approved
treatment plan includes permission or a requirement for the
person to obtain education or employment and to employment positions or educational programs that meet the requirements of the court-approved treatment plan. [2001 2nd sp.s.
c 12 § 224.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.341
71.09.341 Transition facilities—Authority of department—Effect of local regulations. The minimum requirements set out in RCW 71.09.285 through 71.09.340 are minimum requirements to be applied by the department. Nothing
in this section is intended to prevent a city or county from
adopting development regulations, as defined in RCW
36.70A.030, unless the proposed regulation imposes requirements more restrictive than those specifically addressed in
RCW 71.09.285 through 71.09.340. Regulations that impose
requirements more restrictive than those specifically
addressed in these sections are void. Nothing in these sections prevents the department from adding requirements to
enhance public safety. [2002 c 68 § 7.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
71.09.342
71.09.342 Transition facilities—Siting—Local regulations preempted, when—Consideration of public safety
measures. (1) After October 1, 2002, notwithstanding RCW
36.70A.103 or any other law, this section preempts and
supersedes local plans, development regulations, permitting
requirements, inspection requirements, and all other laws as
necessary to enable the department to site, construct, renovate, occupy, and operate secure community transition facilities within the borders of the following:
(a) Any county that had five or more persons civilly
committed from that county, or detained at the special commitment center under a pending civil commitment petition
from that county where a finding of probable cause has been
made, on April 1, 2001, if the department determines that the
county has not met the requirements of RCW 36.70A.200
with respect to secure community transition facilities. This
subsection does not apply to the county in which the secure
community transition facility authorized under RCW
71.09.250(1) is located; and
(b) Any city located within a county listed in (a) of this
subsection that the department determines has not met the
requirements of RCW 36.70A.200 with respect to secure
community transition facilities.
(2) The department’s determination under subsection
(1)(a) or (b) of this section is final and is not subject to appeal
under chapter 34.05 or 36.70A RCW.
(3) When siting a facility in a county or city that has been
preempted under this section, the department shall consider
the policy guidelines established under RCW 71.09.285 and
71.09.290 and shall hold the hearings required in RCW
71.09.315.
(4) Nothing in this section prohibits the department
from:
(2006 Ed.)
Sexually Violent Predators
(a) Siting a secure community transition facility in a city
or county that has complied with the requirements of RCW
36.70A.200 with respect to secure community transition
facilities, including a city that is located within a county that
has been preempted. If the department sites a secure community transition facility in such a city or county, the department
shall use the process established by the city or county for siting such facilities; or
(b) Consulting with a city or county that has been preempted under this section regarding the siting of a secure
community transition facility.
(5)(a) A preempted city or county may propose public
safety measures specific to any finalist site to the department.
The measures must be consistent with the location of the
facility at that finalist site. The proposal must be made in
writing by the date of:
(i) The second hearing under RCW 71.09.315(2)(a)
when there are three finalist sites; or
(ii) The first hearing under RCW 71.09.315(2)(b) when
there is only one site under consideration.
(b) The department shall respond to the city or county in
writing within fifteen business days of receiving the proposed
measures. The response shall address all proposed measures.
(c) If the city or county finds that the department’s
response is inadequate, the city or county may notify the
department in writing within fifteen business days of the specific items which it finds inadequate. If the city or county
does not notify the department of a finding that the response
is inadequate within fifteen business days, the department’s
response shall be final.
(d) If the city or county notifies the department that it
finds the response inadequate and the department does not
revise its response to the satisfaction of the city or county
within seven business days, the city or county may petition
the governor to designate a person with law enforcement
expertise to review the response under RCW 34.05.479.
(e) The governor’s designee shall hear a petition filed
under this subsection and shall make a determination within
thirty days of hearing the petition. The governor’s designee
shall consider the department’s response, and the effectiveness and cost of the proposed measures, in relation to the purposes of this chapter. The determination by the governor’s
designee shall be final and may not be the basis for any cause
of action in civil court.
(f) The city or county shall bear the cost of the petition to
the governor’s designee. If the city or county prevails on all
issues, the department shall reimburse the city or county costs
incurred, as provided under chapter 34.05 RCW.
(g) Neither the department’s consideration and response
to public safety conditions proposed by a city or county nor
the decision of the governor’s designee shall affect the preemption under this section or the department’s authority to
site, construct, renovate, occupy, and operate the secure community transition facility at that finalist site or at any finalist
site.
(6) Until June 30, 2009, the secretary shall site, construct, occupy, and operate a secure community transition
facility sited under this section in an environmentally responsible manner that is consistent with the substantive objectives
of chapter 43.21C RCW, and shall consult with the department of ecology as appropriate in carrying out the planning,
(2006 Ed.)
71.09.344
construction, and operations of the facility. The secretary
shall make a threshold determination of whether a secure
community transition facility sited under this section would
have a probable significant, adverse environmental impact.
If the secretary determines that the secure community transition facility has such an impact, the secretary shall prepare an
environmental impact statement that meets the requirements
of RCW 43.21C.030 and 43.21C.031 and the rules promulgated by the department of ecology relating to such statements. Nothing in this subsection shall be the basis for any
civil cause of action or administrative appeal.
(7) In no case may a secure community transition facility
be sited adjacent to, immediately across a street or parking lot
from, or within the line of sight of a risk potential activity or
facility in existence at the time a site is listed for consideration unless the site that the department has chosen in a particular county or city was identified pursuant to a process for
siting secure community transition facilities adopted by that
county or city in compliance with RCW 36.70A.200.
"Within the line of sight" means that it is possible to reasonably visually distinguish and recognize individuals.
(8) This section does not apply to the secure community
transition facility established pursuant to RCW 71.09.250(1).
[2003 c 50 § 2; 2002 c 68 § 9.]
Application—Effective date—2003 c 50: See notes following RCW
71.09.020.
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
"All other laws" defined: RCW 71.09.2501.
71.09.343
71.09.343 Transition facilities—Contract between
state and local governments. (1) At the request of the local
government of the city or county in which a secure community transition facility is initially sited after January 1, 2002,
the department shall enter into a long-term contract memorializing the agreements between the state and the city or
county for the operation of the facility. This contract shall be
separate from any contract regarding mitigation due to the
facility. The contract shall include a clause that states:
(a) The contract does not obligate the state to continue
operating any aspect of the civil commitment program under
this chapter;
(b) The operation of any secure community transition
facility is contingent upon sufficient appropriation by the legislature. If sufficient funds are not appropriated, the department is not obligated to operate the secure community transition facility and may close it; and
(c) This contract does not obligate the city or county to
operate a secure community transition facility.
(2) Any city or county may, at their option, contract with
the department to operate a secure community transition
facility. [2002 c 68 § 16.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
71.09.344
71.09.344 Transition facilities—Mitigation agreements. (1) Subject to funds appropriated by the legislature,
the department may enter into negotiation for a mitigation
agreement with:
(a) The county and/or city in which a secure community
transition facility sited after January 1, 2002, is located;
[Title 71 RCW—page 47]
71.09.345
Title 71 RCW: Mental Illness
(b) Each community in which the persons from those
facilities will reside or regularly spend time, pursuant to court
orders, for regular work or education, or to receive social services, or through which the person or persons will regularly
be transported to reach other communities; and
(c) Educational institutions in the communities identified
in (a) and (b) of this subsection.
(2) Mitigation agreements are limited to the following:
(a) One-time training for local law enforcement and
administrative staff, upon the establishment of a secure community transition facility.
(i) Training between local government staff and the
department includes training in coordination, emergency procedures, program and facility information, legal requirements, and resident profiles.
(ii) Reimbursement for training under this subsection is
limited to:
(A) The salaries or hourly wages and benefits of those
persons who receive training directly from the department;
and
(B) Costs associated with preparation for, and delivery
of, training to the department or its contracted staff by local
government staff or contractors;
(b) Information coordination:
(i) Information coordination includes data base infrastructure establishment and programming for the dissemination of information among law enforcement and the department related to facility residents.
(ii) Reimbursement for information coordination is limited to start-up costs;
(c) One-time capital costs:
(i) One-time capital costs are off-site costs associated
with the need for increased security in specific locations.
(ii) Reimbursement for one-time capital costs is limited
to actual costs; and
(d) Incident response:
(i) Incident response costs are law enforcement and
criminal justice costs associated with violations of conditions
of release or crimes by residents of the secure community
transition facility.
(ii) Reimbursement for incident response does not
include private causes of action. [2002 c 68 § 17.]
released to a less restrictive alternative under this chapter
shall be conducted only by certified sex offender treatment
providers or certified affiliate sex offender treatment providers under chapter 18.155 RCW unless the court or the department of social and health services finds that: (a) The courtordered less restrictive alternative placement is located in
another state; (b) the treatment provider is employed by the
department; or (c)(i) all certified sex offender treatment providers or certified affiliate sex offender treatment providers
become unavailable to provide treatment within a reasonable
geographic distance of the person’s home, as determined in
rules adopted by the department of social and health services;
and (ii) the evaluation and treatment plan comply with the
rules adopted by the department of social and health services.
A treatment provider approved by the department of
social and health services under (c) of this subsection, who is
not certified by the department of health, shall consult with a
certified sex offender treatment provider during the person’s
period of treatment to ensure compliance with the rules
adopted by the department of health. The frequency and content of the consultation shall be based on the recommendation
of the certified sex offender treatment provider.
(2) A treatment provider, whether or not he or she is
employed or approved by the department of social and health
services under subsection (1) of this section or otherwise certified, may not perform or provide treatment of sexually violent predators under this section if the treatment provider has
been:
(a) Convicted of a sex offense, as defined in RCW
9.94A.030;
(b) Convicted in any other jurisdiction of an offense that
under the laws of this state would be classified as a sex
offense as defined in RCW 9.94A.030; or
(c) Suspended or otherwise restricted from practicing
any health care profession by competent authority in any
state, federal, or foreign jurisdiction.
(3) Nothing in this section prohibits a qualified expert
from examining or evaluating a sexually violent predator
who has been conditionally released for purposes of presenting an opinion in court proceedings. [2004 c 38 § 14; 2001
2nd sp.s. c 12 § 404.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Effective date—2004 c 38: See note following RCW 18.155.075.
71.09.345 Alternative placement—Authority of
court. Nothing in chapter 12, Laws of 2001 2nd sp. sess.
shall operate to restrict a court’s authority to make less
restrictive alternative placements to a committed person’s
individual residence or to a setting less restrictive than a
secure community transition facility. A court-ordered less
restrictive alternative placement to a committed person’s
individual residence is not a less restrictive alternative placement to a secure community transition facility. [2001 2nd
sp.s. c 12 § 226.]
71.09.345
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
71.09.800
71.09.800 Rules. The secretary shall adopt rules under
the administrative procedure act, chapter 34.05 RCW, for the
oversight and operation of the program established pursuant
to this chapter. Such rules shall include provisions for an
annual inspection of the special commitment center and
requirements for treatment plans and the retention of records.
[2000 c 44 § 1.]
Effective date—2000 c 44: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 22, 2000]." [2000 c 44 § 2.]
71.09.350
71.09.350 Examination and treatment only by certified providers—Exceptions. (1) Examinations and treatment of sexually violent predators who are conditionally
[Title 71 RCW—page 48]
71.09.900
71.09.900 Index, part headings not law—1990 c 3.
See RCW 18.155.900.
(2006 Ed.)
Private Establishments
71.09.901 Severability—1990 c 3.
18.155.901.
71.09.901
See RCW
71.09.902 Effective dates—Application—1990 c 3.
See RCW 18.155.902.
71.09.902
Chapter 71.12
Chapter 71.12 RCW
PRIVATE ESTABLISHMENTS
71.12.485
managing and executive officers of any corporation violating
the provisions of this chapter shall be liable under the provisions of this chapter in the same manner and to the same
effect as a private individual violating the same. [2001 c 254
§ 2; 2000 c 93 § 22; 1989 1st ex.s. c 9 § 226; 1979 c 141 §
133; 1959 c 25 § 71.12.460. Prior: 1949 c 198 § 54; Rem.
Supp. 1949 § 6953-53.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Sections
71.12.470
71.12.455
71.12.460
71.12.470
71.12.480
71.12.485
71.12.490
71.12.500
71.12.510
71.12.520
71.12.530
71.12.540
71.12.550
71.12.560
71.12.570
71.12.590
71.12.595
71.12.640
71.12.670
Definitions.
License to be obtained—Penalty.
License application—Fees.
Examination of operation of establishment and premises
before granting license.
Fire protection—Duties of chief of the Washington state
patrol.
Expiration and renewal of license.
Examination of premises as to compliance with the chapter,
rules, and license—License changes.
Examination and visitation in general.
Scope of examination.
Conference with management—Improvement.
Recommendations to be kept on file—Records of inmates.
Local authorities may also prescribe standards.
Voluntary patients—Receipt authorized—Application—
Report.
Communications by patients—Rights.
Revocation of license for noncompliance—Exemption as to
Christian Science establishments.
Suspension of license—Noncompliance with support order—
Reissuance.
Prosecuting attorney shall prosecute violations.
Licensing, operation, inspection—Adoption of rules.
Alcoholism, intoxication, and drug addiction treatment: Chapter 70.96A
RCW.
Cost of services, disclosure: RCW 70.41.250.
Mentally ill, commitment procedures, rights, etc.: Chapter 71.05 RCW.
Minors—Mental health services, commitment: Chapter 71.34 RCW.
State hospitals for mentally ill: Chapter 72.23 RCW.
71.12.455 Definitions. As used in this chapter, "establishment" and "institution" mean and include every private or
county or municipal hospital, including public hospital districts, sanitarium, home, or other place receiving or caring for
any mentally ill, mentally incompetent person, or chemically
dependent person. [2001 c 254 § 1; 2000 c 93 § 21; 1977
ex.s. c 80 § 43; 1959 c 25 § 71.12.455. Prior: 1949 c 198 §
53; Rem. Supp. 1949 § 6953-52a. Formerly RCW 71.12.010,
part.]
71.12.455
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
71.12.460 License to be obtained—Penalty. No person, association, county, municipality, public hospital district, or corporation, shall establish or keep, for compensation
or hire, an establishment as defined in this chapter without
first having obtained a license therefor from the department
of health, complied with rules adopted under this chapter, and
paid the license fee provided in this chapter. Any person who
carries on, conducts, or attempts to carry on or conduct an
establishment as defined in this chapter without first having
obtained a license from the department of health, as in this
chapter provided, is guilty of a misdemeanor and on conviction thereof shall be punished by imprisonment in a county
jail not exceeding six months, or by a fine not exceeding one
thousand dollars, or by both such fine and imprisonment. The
71.12.460
(2006 Ed.)
71.12.470 License application—Fees. Every application for a license shall be accompanied by a plan of the premises proposed to be occupied, describing the capacities of
the buildings for the uses intended, the extent and location of
grounds appurtenant thereto, and the number of patients proposed to be received therein, with such other information,
and in such form, as the department of health requires. The
application shall be accompanied by the proper license fee.
The amount of the license fee shall be established by the
department of health under RCW 43.70.110. [2000 c 93 § 23;
1987 c 75 § 19; 1982 c 201 § 14; 1959 c 25 § 71.12.470.
Prior: 1949 c 198 § 56; Rem. Supp. 1949 § 6953-55.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
71.12.480
71.12.480 Examination of operation of establishment
and premises before granting license. The department of
health shall not grant any such license until it has made an
examination of all phases of the operation of the establishment necessary to determine compliance with rules adopted
under this chapter including the premises proposed to be
licensed and is satisfied that the premises are substantially as
described, and are otherwise fit and suitable for the purposes
for which they are designed to be used, and that such license
should be granted. [2000 c 93 § 24; 1989 1st ex.s. c 9 § 227;
1979 c 141 § 134; 1959 c 25 § 71.12.480. Prior: 1949 c 198
§ 57; Rem. Supp. 1949 § 6953-56.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
71.12.485
71.12.485 Fire protection—Duties of chief of the
Washington state patrol. Standards for fire protection and
the enforcement thereof, with respect to all establishments to
be licensed hereunder, shall be the responsibility of the chief
of the Washington state patrol, through the director of fire
protection, who shall adopt such recognized standards as may
be applicable to such establishments for the protection of life
against the cause and spread of fire and fire hazards. The
department of health, upon receipt of an application for a
license, or renewal of a license, shall submit to the chief of
the Washington state patrol, through the director of fire protection, in writing, a request for an inspection, giving the
applicant’s name and the location of the premises to be
licensed. Upon receipt of such a request, the chief of the
Washington state patrol, through the director of fire protection, or his or her deputy shall make an inspection of the
establishment to be licensed, and if it is found that the premises do not comply with the required safety standards and
fire regulations as promulgated by the chief of the Washington state patrol, through the director of fire protection, he or
she shall promptly make a written report to the establishment
[Title 71 RCW—page 49]
71.12.490
Title 71 RCW: Mental Illness
and the department of health as to the manner and time
allowed in which the premises must qualify for a license and
set forth the conditions to be remedied with respect to fire
regulations. The department of health, applicant or licensee
shall notify the chief of the Washington state patrol, through
the director of fire protection, upon completion of any
requirements made by him or her, and the director of fire protection or his or her deputy shall make a reinspection of such
premises. Whenever the establishment to be licensed meets
with the approval of the chief of the Washington state patrol,
through the director of fire protection, he or she shall submit
to the department of health a written report approving same
with respect to fire protection before a full license can be
issued. The chief of the Washington state patrol, through the
director of fire protection, shall make or cause to be made
inspections of such establishments at least annually. The
department of health shall not license or continue the license
of any establishment unless and until it shall be approved by
the chief of the Washington state patrol, through the director
of fire protection, as herein provided.
In cities which have in force a comprehensive building
code, the provisions of which are determined by the chief of
the Washington state patrol, through the director of fire protection, to be equal to the minimum standards of the chief of
the Washington state patrol, through the director of fire protection, for such establishments, the chief of the fire department, provided the latter is a paid chief of a paid fire department, shall make the inspection with the chief of the Washington state patrol, through the director of fire protection, or
his or her deputy, and they shall jointly approve the premises
before a full license can be issued. [1995 c 369 § 61; 1989 1st
ex.s. c 9 § 228; 1986 c 266 § 122; 1979 c 141 § 135; 1959 c
224 § 1.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
and the requirements of the license therefor. If the interests of
the patients of the establishment so demand, the department
may, for just and reasonable cause, suspend, modify, or
revoke any such license. RCW 43.70.115 governs notice of a
license denial, revocation, suspension, or modification and
provides the right to an adjudicative proceeding. [2000 c 93
§ 25. Prior: 1989 1st ex.s. c 9 § 230; 1989 c 175 § 137; 1979
c 141 § 136; 1959 c 25 § 71.12.500; prior: 1949 c 198 § 58;
Rem. Supp. 1949 § 6953-57.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Effective date—1989 c 175: See note following RCW 34.05.010.
71.12.510
71.12.510 Examination and visitation in general. The
department of health may at any time cause any establishment as defined in this chapter to be visited and examined.
[2000 c 93 § 26; 1959 c 25 § 71.12.510. Prior: 1949 c 198 §
60; Rem. Supp. 1949 § 6953-59.]
71.12.520
71.12.520 Scope of examination. Each such visit may
include an inspection of every part of each establishment.
The representatives of the department of health may make an
examination of all records, methods of administration, the
general and special dietary, the stores and methods of supply,
and may cause an examination and diagnosis to be made of
any person confined therein. The representatives of the
department of health may examine to determine their fitness
for their duties the officers, attendants, and other employees,
and may talk with any of the patients apart from the officers
and attendants. [2000 c 93 § 27; 1989 1st ex.s. c 9 § 231;
1979 c 141 § 137; 1959 c 25 § 71.12.520. Prior: 1949 c 198
§ 61; Rem. Supp. 1949 § 6953-60.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
71.12.530
Severability—1986 c 266: See note following RCW 38.52.005.
71.12.490
71.12.490 Expiration and renewal of license. All
licenses issued under the provisions of this chapter shall
expire on a date to be set by the department of health. No
license issued pursuant to this chapter shall exceed thirty-six
months in duration. Application for renewal of the license,
accompanied by the necessary fee as established by the
department of health under RCW 43.70.110, shall be filed
with that department, not less than thirty days prior to its
expiration and if application is not so filed, the license shall
be automatically canceled. [1989 1st ex.s. c 9 § 229; 1987 c
75 § 20; 1982 c 201 § 15; 1971 ex.s. c 247 § 4; 1959 c 25 §
71.12.490. Prior: 1949 c 198 § 59; Rem. Supp. 1949 § 695358.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
71.12.500
71.12.500 Examination of premises as to compliance
with the chapter, rules, and license—License changes.
The department of health may at any time examine and ascertain how far a licensed establishment is conducted in compliance with this chapter, the rules adopted under this chapter,
[Title 71 RCW—page 50]
71.12.530 Conference with management—Improvement. The representatives of the department of health may,
from time to time, at times and places designated by the
department, meet the managers or responsible authorities of
such establishments in conference, and consider in detail all
questions of management and improvement of the establishments, and may send to them, from time to time, written recommendations in regard thereto. [1989 1st ex.s. c 9 § 232;
1979 c 141 § 138; 1959 c 25 § 71.12.530. Prior: 1949 c 198
§ 62; Rem. Supp. 1949 § 6953-61.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
71.12.540
71.12.540 Recommendations to be kept on file—
Records of inmates. The authorities of each establishment
as defined in this chapter shall place on file in the office of the
establishment the recommendations made by the department
of health as a result of such visits, for the purpose of consultation by such authorities, and for reference by the department representatives upon their visits. Every such establishment shall keep records of every person admitted thereto as
follows and shall furnish to the department, when required,
the following data: Name, age, sex, marital status, date of
admission, voluntary or other commitment, name of physician, diagnosis, and date of discharge. [1989 1st ex.s. c 9 §
(2006 Ed.)
Private Establishments
71.12.670
233; 1979 c 141 § 139; 1959 c 25 § 71.12.540. Prior: 1949 c
198 § 63; Rem. Supp. 1949 § 6953-62.]
1959 c 25 § 71.12.570. Prior: 1949 c 198 § 66; Rem. Supp.
1949 § 6953-65.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
*Reviser’s note: RCW 71.05.370 was recodified as RCW 71.05.217
pursuant to 2005 c 504 § 108, effective July 1, 2005.
71.12.550
71.12.550 Local authorities may also prescribe standards. This chapter shall not prevent local authorities of any
city, or city and county, within the reasonable exercise of the
police power, from adopting rules and regulations, by ordinance or resolution, prescribing standards of sanitation,
health and hygiene for establishments as defined in this chapter, which are not in conflict with the provisions of this chapter, and requiring a certificate by the local health officer, that
the local health, sanitation and hygiene laws have been complied with before maintaining or conducting any such institution within such city or city and county. [1959 c 25 §
71.12.550. Prior: 1949 c 198 § 64; Rem. Supp. 1949 § 695363.]
71.12.560
71.12.560 Voluntary patients—Receipt authorized—
Application—Report. The person in charge of any private
institution, hospital, or sanitarium which is conducted for, or
includes a department or ward conducted for, the care and
treatment of persons who are mentally ill or deranged may
receive therein as a voluntary patient any person suffering
from mental illness or derangement who is a suitable person
for care and treatment in the institution, hospital, or sanitarium, who voluntarily makes a written application to the person in charge for admission into the institution, hospital or
sanitarium. At the expiration of fourteen continuous days of
treatment of a patient voluntarily committed in a private institution, hospital, or sanitarium, if the period of voluntary commitment is to continue, the person in charge shall forward to
the office of the department of social and health services a
record of the voluntary patient showing the name, residence,
date of birth, sex, place of birth, occupation, social security
number, marital status, date of admission to the institution,
hospital, or sanitarium, and such other information as may be
required by rule of the department of social and health services. [1994 sp.s. c 7 § 441; 1974 ex.s. c 145 § 1; 1973 1st
ex.s. c 142 § 1; 1959 c 25 § 71.12.560. Prior: 1949 c 198 §
65; Rem. Supp. 1949 § 6953-64.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Severability—Construction—Effective date—1973 1st ex.s. c 142:
See RCW 71.05.900 through 71.05.930.
71.12.570
71.12.570 Communications by patients—Rights. No
person in an establishment as defined in this chapter shall be
restrained from sending written communications of the fact
of his detention in such establishment to a friend, relative, or
other person. The physician in charge of such person and the
person in charge of such establishment shall send each such
communication to the person to whom it is addressed. All
persons in an establishment as defined by chapter 71.12
RCW shall have no less than all rights secured to involuntarily detained persons by RCW 71.05.360 and *71.05.370
and to voluntarily admitted or committed persons pursuant to
RCW 71.05.050 and 71.05.380. [1973 1st ex.s. c 142 § 2;
(2006 Ed.)
Severability—Construction—Effective date—1973 1st ex.s. c 142:
See RCW 71.05.900 through 71.05.930.
71.12.590
71.12.590 Revocation of license for noncompliance—
Exemption as to Christian Science establishments. Failure to comply with any of the provisions of RCW 71.12.550
through 71.12.570 shall constitute grounds for revocation of
license: PROVIDED, HOWEVER, That nothing in this
chapter or the rules and regulations adopted pursuant thereto
shall be construed as authorizing the supervision, regulation,
or control of the remedial care or treatment of residents or
patients in any establishment, as defined in this chapter conducted in accordance with the practice and principles of the
body known as Church of Christ, Scientist. [1983 c 3 § 180;
1959 c 25 § 71.12.590. Prior: 1949 c 198 § 68; Rem. Supp.
1949 § 6953-67.]
71.12.595
71.12.595 Suspension of license—Noncompliance
with support order—Reissuance. The department of health
shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by
the department of social and health services as a person who
is not in compliance with a support order or a *residential or
visitation order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the
department of health’s receipt of a release issued by the
department of social and health services stating that the licensee is in compliance with the order. [1997 c 58 § 860.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
71.12.640
71.12.640 Prosecuting attorney shall prosecute violations. The prosecuting attorney of every county shall, upon
application by the department of social and health services,
the department of health, or its authorized representatives,
institute and conduct the prosecution of any action brought
for the violation within his county of any of the provisions of
this chapter. [1989 1st ex.s. c 9 § 234; 1979 c 141 § 140;
1959 c 25 § 71.12.640. Prior: 1949 c 198 § 55; Rem. Supp.
1949 § 6953-54.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
71.12.670
71.12.670 Licensing, operation, inspection—Adoption of rules. The department of health shall adopt rules for
the licensing, operation, and inspections of establishments
[Title 71 RCW—page 51]
Chapter 71.20
Title 71 RCW: Mental Illness
and institutions and the enforcement thereof. [2000 c 93 §
28.]
Chapter 71.24 RCW
COMMUNITY MENTAL HEALTH SERVICES ACT
Chapter 71.24
Sections
Chapter 71.20
Chapter 71.20 RCW
LOCAL FUNDS FOR COMMUNITY SERVICES
(Formerly: State and local services for mentally retarded and developmentally disabled)
71.24.035
Sections
71.20.100
71.20.110
71.24.011
71.24.015
71.24.016
71.24.025
71.24.030
Expenditures of county funds subject to county fiscal laws.
Tax levy directed—Allocation of funds for federal matching
funds purposes.
71.20.100
71.20.100 Expenditures of county funds subject to
county fiscal laws. Expenditures of county funds under this
chapter shall be subject to the provisions of chapter 36.40
RCW and other statutes relating to expenditures by counties.
[1967 ex.s. c 110 § 10.]
71.24.037
71.24.045
71.24.049
71.24.100
71.24.110
71.24.155
71.24.160
71.24.200
71.24.215
71.24.220
71.20.110
71.20.110 Tax levy directed—Allocation of funds for
federal matching funds purposes. In order to provide additional funds for the coordination and provision of community
services for persons with developmental disabilities or mental health services, the county governing authority of each
county in the state shall budget and levy annually a tax in a
sum equal to the amount which would be raised by a levy of
two and one-half cents per thousand dollars of assessed value
against the taxable property in the county to be used for such
purposes: PROVIDED, That all or part of the funds collected
from the tax levied for the purposes of this section may be
transferred to the state of Washington, department of social
and health services, for the purpose of obtaining federal
matching funds to provide and coordinate community services for persons with developmental disabilities and mental
health services. In the event a county elects to transfer such
tax funds to the state for this purpose, the state shall grant
these moneys and the additional funds received as matching
funds to service-providing community agencies or community boards in the county which has made such transfer, pursuant to the plan approved by the county, as provided by
chapters 71.24 and 71.28 RCW and by chapter 71A.14 RCW,
all as now or hereafter amended.
The amount of a levy allocated to the purposes specified
in this section may be reduced in the same proportion as the
regular property tax levy of the county is reduced by chapter
84.55 RCW. [1988 c 176 § 910; 1983 c 3 § 183; 1980 c 155
§ 5; 1974 ex.s. c 71 § 8; 1973 1st ex.s. c 195 § 85; 1971 ex.s.
c 84 § 1; 1970 ex.s. c 47 § 8; 1967 ex.s. c 110 § 16.]
71.24.240
71.24.250
71.24.260
71.24.300
71.24.310
71.24.320
71.24.3201
71.24.330
71.24.340
71.24.350
71.24.360
71.24.370
71.24.400
71.24.405
71.24.415
71.24.420
71.24.430
71.24.450
71.24.455
71.24.460
71.24.470
71.24.480
71.24.805
71.24.810
Short title.
Legislative intent and policy.
Intent—Regional support networks programs.
Definitions.
Grants, purchasing of services, for community mental health
programs.
Secretary’s powers and duties as state mental health authority—Secretary designated as regional support network,
when.
Licensed service providers, residential services, community
support services—Minimum standards.
Regional support network powers and duties.
Identification by regional support network—Children’s mental health services.
Joint agreements of county authorities—Required provisions.
Joint agreements of county authorities—Permissive provisions.
Grants to regional support networks—Accounting.
Proof as to uses made of state funds.
Expenditures of county funds subject to county fiscal laws.
Clients to be charged for services.
Reimbursement may be withheld for noncompliance with
chapter or related rules.
County program plans to be approved by secretary prior to
submittal to federal agency.
Regional support network may accept and expend gifts and
grants.
Waiver of postgraduate educational requirements.
Regional support networks—Inclusion of tribal authorities—
Roles and responsibilities.
Administration of chapters 71.05 and 71.24 RCW through
regional support networks—Implementation of chapter
71.05 RCW.
Regional support networks—Procurement process—Request
for qualifications—Request for proposals.
Contracts for regional support network services.
Regional support networks—Contracts with department—
Requirements.
Regional support networks—Eligibility for medical assistance
upon release from confinement—Interlocal agreements.
Mental health ombudsman office.
Establishment of new regional support networks.
Regional support networks contracts—Limitation on state liability.
Streamlining delivery system—Finding.
Streamlining delivery system.
Streamlining delivery system—Department duties to achieve
outcomes.
Expenditure of federal funds.
Collaborative service delivery.
Mentally ill offenders—Findings and intent.
Mentally ill offenders—Contracts for specialized access and
services.
Mentally ill offenders—Report to legislature—Contingent termination of program.
Dangerous mentally ill offenders—Contract for case management—Use of appropriated funds.
Dangerous mentally ill offenders—Limitation on liability due
to treatment—Reporting requirements.
Mental health system review—Performance audit recommendations affirmed.
Mental health system review—Implementation of performance audit recommendations.
Mental health system review—Study of long-term outcomes.
Effective date—1967 ex.s. c 111.
Severability—1982 c 204.
Construction.
Effective date—Applicability—1980 c 155: See notes following
RCW 84.40.030.
71.24.840
71.24.900
71.24.901
71.24.902
Severability—1974 ex.s. c 71: "If any provision of this amendatory act,
or its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 71 § 13.]
Reviser’s note: The department of social and health services filed an
emergency order, WSR 89-20-030, effective October 1, 1989, establishing
rules for the recognition and certification of regional support networks. A
final order was filed on January 24, 1990, effective January 25, 1990.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Comprehensive community health centers: Chapter 70.10 RCW.
Severability—1988 c 176: See RCW 71A.10.900.
[Title 71 RCW—page 52]
Funding: RCW 43.79.201 and 79.02.410.
(2006 Ed.)
Community Mental Health Services Act
71.24.011
71.24.011 Short title. This chapter may be known and
cited as the community mental health services act. [1982 c
204 § 1.]
71.24.015
71.24.015 Legislative intent and policy. It is the intent
of the legislature to establish a community mental health program which shall help people experiencing mental illness to
retain a respected and productive position in the community.
This will be accomplished through programs that focus on
resilience and recovery, and practices that are evidencebased, research-based, consensus-based, or, where these do
not exist, promising or emerging best practices, which provide for:
(1) Access to mental health services for adults of the
state who are acutely mentally ill, chronically mentally ill, or
seriously disturbed and children of the state who are acutely
mentally ill, severely emotionally disturbed, or seriously disturbed, which services recognize the special needs of underserved populations, including minorities, children, the elderly, disabled, and low-income persons. Access to mental
health services shall not be limited by a person’s history of
confinement in a state, federal, or local correctional facility.
It is also the purpose of this chapter to promote the early identification of mentally ill children and to ensure that they
receive the mental health care and treatment which is appropriate to their developmental level. This care should improve
home, school, and community functioning, maintain children
in a safe and nurturing home environment, and should enable
treatment decisions to be made in response to clinical needs
in accordance with sound professional judgment while also
recognizing parents’ rights to participate in treatment decisions for their children;
(2) The involvement of persons with mental illness, their
family members, and advocates in designing and implementing mental health services that reduce unnecessary hospitalization and incarceration and promote the recovery and
employment of persons with mental illness. To improve the
quality of services available and promote the rehabilitation,
recovery, and reintegration of persons with mental illness,
consumer and advocate participation in mental health services is an integral part of the community mental health system and shall be supported;
(3) Accountability of efficient and effective services
through state of the art outcome and performance measures
and statewide standards for monitoring client and system outcomes, performance, and reporting of client and system outcome information. These processes shall be designed so as to
maximize the use of available resources for direct care of
people with a mental illness and to assure uniform data collection across the state;
(4) Minimum service delivery standards;
(5) Priorities for the use of available resources for the
care of the mentally ill consistent with the priorities defined
in the statute;
(6) Coordination of services within the department,
including those divisions within the department that provide
services to children, between the department and the office of
the superintendent of public instruction, and among state
mental hospitals, county authorities, regional support networks, community mental health services, and other support
services, which shall to the maximum extent feasible also
(2006 Ed.)
71.24.015
include the families of the mentally ill, and other service providers; and
(7) Coordination of services aimed at reducing duplication in service delivery and promoting complementary services among all entities that provide mental health services to
adults and children.
It is the policy of the state to encourage the provision of
a full range of treatment and rehabilitation services in the
state for mental disorders including services operated by consumers and advocates. The legislature intends to encourage
the development of regional mental health services with adequate local flexibility to assure eligible people in need of care
access to the least-restrictive treatment alternative appropriate to their needs, and the availability of treatment components to assure continuity of care. To this end, counties are
encouraged to enter into joint operating agreements with
other counties to form regional systems of care. Regional
systems of care, whether operated by a county, group of
counties, or another entity shall integrate planning, administration, and service delivery duties under chapters 71.05 and
71.24 RCW to consolidate administration, reduce administrative layering, and reduce administrative costs. The legislature hereby finds and declares that sound fiscal management
requires vigilance to ensure that funds appropriated by the
legislature for the provision of needed community mental
health programs and services are ultimately expended solely
for the purpose for which they were appropriated, and not for
any other purpose.
It is further the intent of the legislature to integrate the
provision of services to provide continuity of care through all
phases of treatment. To this end the legislature intends to
promote active engagement with mentally ill persons and collaboration between families and service providers. [2005 c
503 § 1. Prior: 2001 c 334 § 6; 2001 c 323 § 1; 1999 c 214 §
7; 1991 c 306 § 1; 1989 c 205 § 1; 1986 c 274 § 1; 1982 c 204
§ 2.]
Correction of references—2005 c 503: "The code reviser shall replace
all references to "county designated mental health professional" with "designated mental health professional" in the Revised Code of Washington."
[2005 c 503 § 16.]
Savings—2005 c 503: "This act does not affect any existing right
acquired or liability or obligation incurred under the sections amended or
repealed in this act or under any rule or order adopted under those sections,
nor does it affect any proceeding instituted under those sections." [2005 c
503 § 17.]
Severability—2005 c 503: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 503 § 18.]
Effective date—2001 c 334: See note following RCW 71.24.805.
Intent—Effective date—1999 c 214: See notes following RCW
72.09.370.
Conflict with federal requirements—1991 c 306: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned. The
rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
However, if any part of this act conflicts with such federal requirements, the state appropriation for mental health services provided to children
whose mental disorders are discovered under screening through the federal
Title XIX early and periodic screening, diagnosis, and treatment program
shall be provided through the division of medical assistance and no state
[Title 71 RCW—page 53]
71.24.016
Title 71 RCW: Mental Illness
funds appropriated to the division of mental health shall be expended or
transferred for this purpose." [1991 c 306 § 7.]
Effective date—1986 c 274 §§ 1, 2, 3, 5, and 9: "Sections 1, 2, 3, 5,
and 9 of this act shall take effect on July 1, 1987." [1986 c 274 § 11.]
71.24.016
71.24.016 Intent—Regional support networks programs. (1) The legislature intends that eastern and western
state hospitals shall operate as clinical centers for handling
the most complicated long-term care needs of patients with a
primary diagnosis of mental disorder. It is further the intent
of the legislature that the community mental health service
delivery system focus on maintaining mentally ill individuals
in the community. The program shall be evaluated and managed through a limited number of performance measures
designed to hold each regional support network accountable
for program success.
(2) The legislature intends to address the needs of people
with mental disorders with a targeted, coordinated, and comprehensive set of evidence-based practices that are effective
in serving individuals in their community and will reduce the
need for placements in state mental hospitals. The legislature
further intends to explicitly hold regional support networks
accountable for serving people with mental disorders within
their geographic boundaries and for not exceeding their allocation of state hospital beds. Within funds appropriated by
the legislature for this purpose, regional support networks
shall develop the means to serve the needs of people with
mental disorders within their geographic boundaries. Elements of the program may include:
(a) Crisis triage;
(b) Evaluation and treatment and community hospital
beds;
(c) Residential beds;
(d) Programs for community treatment teams; and
(e) Outpatient services.
(3) The regional support network shall have the flexibility, within the funds appropriated by the legislature for this
purpose, to design the mix of services that will be most effective within their service area of meeting the needs of people
with mental disorders and avoiding placement of such individuals at the state mental hospital. Regional support networks are encouraged to maximize the use of evidence-based
practices and alternative resources with the goal of substantially reducing and potentially eliminating the use of institutions for mental diseases. [2006 c 333 § 102; 2001 c 323 § 4.]
Finding—Purpose—Intent—2006 c 333: "(1) The legislature finds
that ambiguities have been identified regarding the appropriation and allocation of federal and state funds, and the responsibilities of the department of
social and health services and the regional support networks with regard to
the provision of inpatient mental health services under the community mental health services act, chapter 71.24 RCW, and the involuntary treatment
act, chapter 71.05 RCW. The purpose of this 2006 act is to make retroactive,
remedial, curative, and technical amendments in order to resolve such ambiguities.
(2) In enacting the community mental health services act, the legislature intended the relationship between the state and the regional support networks to be governed solely by the terms of the regional support network
contracts and did not intend these relationships to create statutory causes of
action not expressly provided for in the contracts. Therefore, the legislature’s intent is that, except to the extent expressly provided in contracts
entered after March 29, 2006, the department of social and health services
and regional support networks shall resolve existing and future disagreements regarding the subject matter identified in sections 103 and 301 of this
act through nonjudicial means." [2006 c 333 § 101.]
[Title 71 RCW—page 54]
Severability—2006 c 333: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2006 c 333 § 402.]
Part headings not law—2006 c 333: "Part headings used in this act are
not part of the law." [2006 c 333 § 403.]
Effective dates—2006 c 333: "This act takes effect July 1, 2006, except
that sections 101 through 103, 107, 202, and 301 of this act are necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and take effect
immediately [March 29, 2006]." [2006 c 333 § 404.]
71.24.025
71.24.025 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Acutely mentally ill" means a condition which is
limited to a short-term severe crisis episode of:
(a) A mental disorder as defined in RCW 71.05.020 or,
in the case of a child, as defined in RCW 71.34.020;
(b) Being gravely disabled as defined in RCW 71.05.020
or, in the case of a child, a gravely disabled minor as defined
in RCW 71.34.020; or
(c) Presenting a likelihood of serious harm as defined in
RCW 71.05.020 or, in the case of a child, as defined in RCW
71.34.020.
(2) "Available resources" means funds appropriated for
the purpose of providing community mental health programs,
federal funds, except those provided according to Title XIX
of the Social Security Act, and state funds appropriated under
this chapter or chapter 71.05 RCW by the legislature during
any biennium for the purpose of providing residential services, resource management services, community support
services, and other mental health services. This does not
include funds appropriated for the purpose of operating and
administering the state psychiatric hospitals.
(3) "Child" means a person under the age of eighteen
years.
(4) "Chronically mentally ill adult" means an adult who
has a mental disorder and meets at least one of the following
criteria:
(a) Has undergone two or more episodes of hospital care
for a mental disorder within the preceding two years; or
(b) Has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months’ duration within the preceding year; or
(c) Has been unable to engage in any substantial gainful
activity by reason of any mental disorder which has lasted for
a continuous period of not less than twelve months. "Substantial gainful activity" shall be defined by the department
by rule consistent with Public Law 92-603, as amended.
(5) "Community mental health program" means all mental health services, activities, or programs using available
resources.
(6) "Community mental health service delivery system"
means public or private agencies that provide services specifically to persons with mental disorders as defined under
RCW 71.05.020 and receive funding from public sources.
(7) "Community support services" means services authorized, planned, and coordinated through resource management services including, at a minimum, assessment, diagnosis, emergency crisis intervention available twenty-four
hours, seven days a week, prescreening determinations for
(2006 Ed.)
Community Mental Health Services Act
mentally ill persons being considered for placement in nursing homes as required by federal law, screening for patients
being considered for admission to residential services, diagnosis and treatment for acutely mentally ill and severely emotionally disturbed children discovered under screening
through the federal Title XIX early and periodic screening,
diagnosis, and treatment program, investigation, legal, and
other nonresidential services under chapter 71.05 RCW, case
management services, psychiatric treatment including medication supervision, counseling, psychotherapy, assuring
transfer of relevant patient information between service providers, recovery services, and other services determined by
regional support networks.
(8) "Consensus-based" means a program or practice that
has general support among treatment providers and experts,
based on experience or professional literature, and may have
anecdotal or case study support, or that is agreed but not possible to perform studies with random assignment and controlled groups.
(9) "County authority" means the board of county commissioners, county council, or county executive having
authority to establish a community mental health program, or
two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program.
(10) "Department" means the department of social and
health services.
(11) "Designated mental health professional" means a
mental health professional designated by the county or other
authority authorized in rule to perform the duties specified in
this chapter.
(12) "Emerging best practice" or "promising practice"
means a practice that presents, based on preliminary information, potential for becoming a research-based or consensusbased practice.
(13) "Evidence-based" means a program or practice that
has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population.
(14) "Licensed service provider" means an entity
licensed according to this chapter or chapter 71.05 RCW or
an entity deemed to meet state minimum standards as a result
of accreditation by a recognized behavioral health accrediting
body recognized and having a current agreement with the
department, that meets state minimum standards or persons
licensed under chapter 18.57, 18.71, 18.83, or 18.79 RCW, as
it applies to registered nurses and advanced registered nurse
practitioners.
(15) "Long-term inpatient care" means inpatient services
for persons committed for, or voluntarily receiving intensive
treatment for, periods of ninety days or greater under chapter
71.05 RCW. "Long-term inpatient care" as used in this chapter does not include: (a) Services for individuals committed
under chapter 71.05 RCW who are receiving services pursuant to a conditional release or a court-ordered less restrictive
alternative to detention; or (b) services for individuals voluntarily receiving less restrictive alternative treatment on the
grounds of the state hospital.
(16) "Mental health services" means all services provided by regional support networks and other services provided by the state for the mentally ill.
(2006 Ed.)
71.24.025
(17) "Mentally ill persons" and "the mentally ill" mean
persons and conditions defined in subsections (1), (4), (26),
and (27) of this section.
(18) "Recovery" means the process in which people are
able to live, work, learn, and participate fully in their communities.
(19) "Regional support network" means a county authority or group of county authorities or other nonprofit entity
recognized by the secretary in contract in a defined region.
(20) "Registration records" include all the records of the
department, regional support networks, treatment facilities,
and other persons providing services to the department,
county departments, or facilities which identify persons who
are receiving or who at any time have received services for
mental illness.
(21) "Research-based" means a program or practice that
has some research demonstrating effectiveness, but that does
not yet meet the standard of evidence-based practices.
(22) "Residential services" means a complete range of
residences and supports authorized by resource management
services and which may involve a facility, a distinct part
thereof, or services which support community living, for
acutely mentally ill persons, chronically mentally ill adults,
severely emotionally disturbed children, or seriously disturbed adults determined by the regional support network to
be at risk of becoming acutely or chronically mentally ill.
The services shall include at least evaluation and treatment
services as defined in chapter 71.05 RCW, acute crisis respite
care, long-term adaptive and rehabilitative care, and supervised and supported living services, and shall also include
any residential services developed to service mentally ill persons in nursing homes, boarding homes, and adult family
homes, and may include outpatient services provided as an
element in a package of services in a supported housing
model. Residential services for children in out-of-home
placements related to their mental disorder shall not include
the costs of food and shelter, except for children’s long-term
residential facilities existing prior to January 1, 1991.
(23) "Resilience" means the personal and community
qualities that enable individuals to rebound from adversity,
trauma, tragedy, threats, or other stresses, and to live productive lives.
(24) "Resource management services" mean the planning, coordination, and authorization of residential services
and community support services administered pursuant to an
individual service plan for: (a) Acutely mentally ill adults
and children; (b) chronically mentally ill adults; (c) severely
emotionally disturbed children; or (d) seriously disturbed
adults determined solely by a regional support network to be
at risk of becoming acutely or chronically mentally ill. Such
planning, coordination, and authorization shall include mental health screening for children eligible under the federal
Title XIX early and periodic screening, diagnosis, and treatment program. Resource management services include seven
day a week, twenty-four hour a day availability of information regarding mentally ill adults’ and children’s enrollment
in services and their individual service plan to designated
mental health professionals, evaluation and treatment facilities, and others as determined by the regional support network.
[Title 71 RCW—page 55]
71.24.030
Title 71 RCW: Mental Illness
(25) "Secretary" means the secretary of social and health
services.
(26) "Seriously disturbed person" means a person who:
(a) Is gravely disabled or presents a likelihood of serious
harm to himself or herself or others, or to the property of others, as a result of a mental disorder as defined in chapter
71.05 RCW;
(b) Has been on conditional release status, or under a less
restrictive alternative order, at some time during the preceding two years from an evaluation and treatment facility or a
state mental health hospital;
(c) Has a mental disorder which causes major impairment in several areas of daily living;
(d) Exhibits suicidal preoccupation or attempts; or
(e) Is a child diagnosed by a mental health professional,
as defined in chapter 71.34 RCW, as experiencing a mental
disorder which is clearly interfering with the child’s functioning in family or school or with peers or is clearly interfering
with the child’s personality development and learning.
(27) "Severely emotionally disturbed child" means a
child who has been determined by the regional support network to be experiencing a mental disorder as defined in chapter 71.34 RCW, including those mental disorders that result
in a behavioral or conduct disorder, that is clearly interfering
with the child’s functioning in family or school or with peers
and who meets at least one of the following criteria:
(a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last
two years;
(b) Has undergone involuntary treatment under chapter
71.34 RCW within the last two years;
(c) Is currently served by at least one of the following
child-serving systems: Juvenile justice, child-protection/welfare, special education, or developmental disabilities;
(d) Is at risk of escalating maladjustment due to:
(i) Chronic family dysfunction involving a mentally ill or
inadequate caretaker;
(ii) Changes in custodial adult;
(iii) Going to, residing in, or returning from any placement outside of the home, for example, psychiatric hospital,
short-term inpatient, residential treatment, group or foster
home, or a correctional facility;
(iv) Subject to repeated physical abuse or neglect;
(v) Drug or alcohol abuse; or
(vi) Homelessness.
(28) "State minimum standards" means minimum
requirements established by rules adopted by the secretary
and necessary to implement this chapter for: (a) Delivery of
mental health services; (b) licensed service providers for the
provision of mental health services; (c) residential services;
and (d) community support services and resource management services.
(29) "Treatment records" include registration and all
other records concerning persons who are receiving or who at
any time have received services for mental illness, which are
maintained by the department, by regional support networks
and their staffs, and by treatment facilities. Treatment
records do not include notes or records maintained for personal use by a person providing treatment services for the
department, regional support networks, or a treatment facility
if the notes or records are not available to others.
[Title 71 RCW—page 56]
(30) "Tribal authority," for the purposes of this section
and RCW 71.24.300 only, means: The federally recognized
Indian tribes and the major Indian organizations recognized
by the secretary insofar as these organizations do not have a
financial relationship with any regional support network that
would present a conflict of interest. [2006 c 333 § 104. Prior:
2005 c 504 § 105; 2005 c 503 § 2; 2001 c 323 § 8; 1999 c 10
§ 2; 1997 c 112 § 38; 1995 c 96 § 4; prior: 1994 sp.s. c 9 §
748; 1994 c 204 § 1; 1991 c 306 § 2; 1989 c 205 § 2; 1986 c
274 § 2; 1982 c 204 § 3.]
Finding—Purpose—Intent—Severability—Part headings not
law—Effective dates—2006 c 333: See notes following RCW 71.24.016.
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Correction of references—Savings—Severability—2005 c 503: See
notes following RCW 71.24.015.
Purpose—Intent—1999 c 10: "The purpose of this act is to eliminate
dates and provisions in chapter 71.24 RCW which are no longer needed. The
legislature does not intend this act to make, and no provision of this act shall
be construed as, a substantive change in the service delivery system or funding of the community mental health services law." [1999 c 10 § 1.]
Alphabetization of section—1999 c 10 § 2: "The code reviser shall
alphabetize the definitions in RCW 71.24.025 and correct any cross-references." [1999 c 10 § 14.]
Effective date—1995 c 96: See note following RCW 71.24.400.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Conflict with federal requirements—1991 c 306: See note following
RCW 71.24.015.
Effective date—1986 c 274 §§ 1, 2, 3, 5, and 9: See note following
RCW 71.24.015.
71.24.030
71.24.030 Grants, purchasing of services, for community mental health programs. The secretary is authorized to make grants and/or purchase services from counties,
combinations of counties, or other entities, to establish and
operate community mental health programs. [2005 c 503 § 3;
2001 c 323 § 9; 1999 c 10 § 3; 1982 c 204 § 6; 1973 1st ex.s.
c 155 § 5; 1972 ex.s. c 122 § 30; 1971 ex.s. c 304 § 7; 1967
ex.s. c 111 § 3.]
Correction of references—Savings—Severability—2005 c 503: See
notes following RCW 71.24.015.
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Effective date—1972 ex.s. c 122: See note following RCW
70.96A.010.
71.24.035
71.24.035 Secretary’s powers and duties as state
mental health authority—Secretary designated as
regional support network, when. (1) The department is
designated as the state mental health authority.
(2) The secretary shall provide for public, client, and
licensed service provider participation in developing the state
mental health program, developing contracts with regional
support networks, and any waiver request to the federal government under medicaid.
(3) The secretary shall provide for participation in developing the state mental health program for children and other
underserved populations, by including representatives on any
committee established to provide oversight to the state mental health program.
(2006 Ed.)
Community Mental Health Services Act
(4) The secretary shall be designated as the regional support network if the regional support network fails to meet
state minimum standards or refuses to exercise responsibilities under RCW 71.24.045.
(5) The secretary shall:
(a) Develop a biennial state mental health program that
incorporates regional biennial needs assessments and
regional mental health service plans and state services for
mentally ill adults and children. The secretary shall also
develop a six-year state mental health plan;
(b) Assure that any regional or county community mental health program provides access to treatment for the
region’s residents in the following order of priority: (i) The
acutely mentally ill; (ii) chronically mentally ill adults and
severely emotionally disturbed children; and (iii) the seriously disturbed. Such programs shall provide:
(A) Outpatient services;
(B) Emergency care services for twenty-four hours per
day;
(C) Day treatment for mentally ill persons which
includes training in basic living and social skills, supported
work, vocational rehabilitation, and day activities. Such services may include therapeutic treatment. In the case of a
child, day treatment includes age-appropriate basic living and
social skills, educational and prevocational services, day
activities, and therapeutic treatment;
(D) Screening for patients being considered for admission to state mental health facilities to determine the appropriateness of admission;
(E) Employment services, which may include supported
employment, transitional work, placement in competitive
employment, and other work-related services, that result in
mentally ill persons becoming engaged in meaningful and
gainful full or part-time work. Other sources of funding such
as the division of vocational rehabilitation may be utilized by
the secretary to maximize federal funding and provide for
integration of services;
(F) Consultation and education services; and
(G) Community support services;
(c) Develop and adopt rules establishing state minimum
standards for the delivery of mental health services pursuant
to RCW 71.24.037 including, but not limited to:
(i) Licensed service providers. These rules shall permit
a county-operated mental health program to be licensed as a
service provider subject to compliance with applicable statutes and rules. The secretary shall provide for deeming of
compliance with state minimum standards for those entities
accredited by recognized behavioral health accrediting bodies recognized and having a current agreement with the
department;
(ii) Regional support networks; and
(iii) Inpatient services, evaluation and treatment services
and facilities under chapter 71.05 RCW, resource management services, and community support services;
(d) Assure that the special needs of minorities, the elderly, disabled, children, and low-income persons are met
within the priorities established in this section;
(e) Establish a standard contract or contracts, consistent
with state minimum standards and RCW 71.24.320,
71.24.330, and 71.24.3201, which shall be used in contracting with regional support networks. The standard contract
(2006 Ed.)
71.24.035
shall include a maximum fund balance, which shall be consistent with that required by federal regulations or waiver
stipulations;
(f) Establish, to the extent possible, a standardized auditing procedure which minimizes paperwork requirements of
regional support networks and licensed service providers.
The audit procedure shall focus on the outcomes of service
and not the processes for accomplishing them;
(g) Develop and maintain an information system to be
used by the state and regional support networks that includes
a tracking method which allows the department and regional
support networks to identify mental health clients’ participation in any mental health service or public program on an
immediate basis. The information system shall not include
individual patient’s case history files. Confidentiality of client information and records shall be maintained as provided
in this chapter and in RCW 71.05.390, 71.05.420, and
71.05.440;
(h) License service providers who meet state minimum
standards;
(i) Certify regional support networks that meet state minimum standards;
(j) Periodically monitor the compliance of certified
regional support networks and their network of licensed service providers for compliance with the contract between the
department, the regional support network, and federal and
state rules at reasonable times and in a reasonable manner;
(k) Fix fees to be paid by evaluation and treatment centers to the secretary for the required inspections;
(l) Monitor and audit regional support networks and
licensed service providers as needed to assure compliance
with contractual agreements authorized by this chapter;
(m) Adopt such rules as are necessary to implement the
department’s responsibilities under this chapter; and
(n) Assure the availability of an appropriate amount, as
determined by the legislature in the operating budget by
amounts appropriated for this specific purpose, of community-based, geographically distributed residential services.
(6) The secretary shall use available resources only for
regional support networks, except to the extent authorized,
and in accordance with any priorities or conditions specified,
in the biennial appropriations act.
(7) Each certified regional support network and licensed
service provider shall file with the secretary, on request, such
data, statistics, schedules, and information as the secretary
reasonably requires. A certified regional support network or
licensed service provider which, without good cause, fails to
furnish any data, statistics, schedules, or information as
requested, or files fraudulent reports thereof, may have its
certification or license revoked or suspended.
(8) The secretary may suspend, revoke, limit, or restrict
a certification or license, or refuse to grant a certification or
license for failure to conform to: (a) The law; (b) applicable
rules and regulations; (c) applicable standards; or (d) state
minimum standards.
(9) The superior court may restrain any regional support
network or service provider from operating without certification or a license or any other violation of this section. The
court may also review, pursuant to procedures contained in
chapter 34.05 RCW, any denial, suspension, limitation,
[Title 71 RCW—page 57]
71.24.037
Title 71 RCW: Mental Illness
restriction, or revocation of certification or license, and grant
other relief required to enforce the provisions of this chapter.
(10) Upon petition by the secretary, and after hearing
held upon reasonable notice to the facility, the superior court
may issue a warrant to an officer or employee of the secretary
authorizing him or her to enter at reasonable times, and
examine the records, books, and accounts of any regional
support network or service provider refusing to consent to
inspection or examination by the authority.
(11) Notwithstanding the existence or pursuit of any
other remedy, the secretary may file an action for an injunction or other process against any person or governmental unit
to restrain or prevent the establishment, conduct, or operation
of a regional support network or service provider without certification or a license under this chapter.
(12) The standards for certification of evaluation and
treatment facilities shall include standards relating to maintenance of good physical and mental health and other services
to be afforded persons pursuant to this chapter and chapters
71.05 and 71.34 RCW, and shall otherwise assure the effectuation of the purposes of these chapters.
(13) The department shall distribute appropriated state
and federal funds in accordance with any priorities, terms, or
conditions specified in the appropriations act.
(14) The secretary shall assume all duties assigned to the
nonparticipating regional support networks under chapters
71.05, 71.34, and 71.24 RCW. Such responsibilities shall
include those which would have been assigned to the nonparticipating counties in regions where there are not participating regional support networks.
The regional support networks, or the secretary’s
assumption of all responsibilities under chapters 71.05,
71.34, and 71.24 RCW, shall be included in all state and federal plans affecting the state mental health program including
at least those required by this chapter, the medicaid program,
and P.L. 99-660. Nothing in these plans shall be inconsistent
with the intent and requirements of this chapter.
(15) The secretary shall:
(a) Disburse funds for the regional support networks
within sixty days of approval of the biennial contract. The
department must either approve or reject the biennial contract
within sixty days of receipt.
(b) Enter into biennial contracts with regional support
networks. The contracts shall be consistent with available
resources. No contract shall be approved that does not
include progress toward meeting the goals of this chapter by
taking responsibility for: (i) Short-term commitments; (ii)
residential care; and (iii) emergency response systems.
(c) Notify regional support networks of their allocation
of available resources at least sixty days prior to the start of a
new biennial contract period.
(d) Deny all or part of the funding allocations to regional
support networks based solely upon formal findings of noncompliance with the terms of the regional support network’s
contract with the department. Regional support networks disputing the decision of the secretary to withhold funding allocations are limited to the remedies provided in the department’s contracts with the regional support networks.
(16) The department, in cooperation with the state congressional delegation, shall actively seek waivers of federal
requirements and such modifications of federal regulations as
[Title 71 RCW—page 58]
are necessary to allow federal medicaid reimbursement for
services provided by free-standing evaluation and treatment
facilities certified under chapter 71.05 RCW. The department shall periodically report its efforts to the appropriate
committees of the senate and the house of representatives.
[2006 c 333 § 201. Prior: 2005 c 504 § 715; 2005 c 503 § 7;
prior: 2001 c 334 § 7; 2001 c 323 § 10; 1999 c 10 § 4; 1998
c 245 § 137; prior: 1991 c 306 § 3; 1991 c 262 § 1; 1991 c 29
§ 1; 1990 1st ex.s. c 8 § 1; 1989 c 205 § 3; 1987 c 105 § 1;
1986 c 274 § 3; 1982 c 204 § 4.]
Finding—Purpose—Intent—Severability—Part headings not
law—Effective dates—2006 c 333: See notes following RCW 71.24.016.
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Correction of references—Savings—Severability—2005 c 503: See
notes following RCW 71.24.015.
Effective date—2001 c 334: See note following RCW 71.24.805.
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Conflict with federal requirements—1991 c 306: See note following
RCW 71.24.015.
Effective date—1987 c 105: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 105 § 2.]
Effective date—1986 c 274 §§ 1, 2, 3, 5, and 9: See note following
RCW 71.24.015.
71.24.037
71.24.037 Licensed service providers, residential services, community support services—Minimum standards. (1) The secretary shall by rule establish state minimum standards for licensed service providers and services.
(2) Minimum standards for licensed service providers
shall, at a minimum, establish: Qualifications for staff providing services directly to mentally ill persons, the intended
result of each service, and the rights and responsibilities of
persons receiving mental health services pursuant to this
chapter. The secretary shall provide for deeming of licensed
service providers as meeting state minimum standards as a
result of accreditation by a recognized behavioral health
accrediting body recognized and having a current agreement
with the department.
(3) Minimum standards for community support services
and resource management services shall include at least qualifications for resource management services, client tracking
systems, and the transfer of patient information between service providers. [2001 c 323 § 11; 1999 c 10 § 5.]
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
71.24.045 Regional support network powers and
duties. The regional support network shall:
(1) Contract as needed with licensed service providers.
The regional support network may, in the absence of a
licensed service provider entity, become a licensed service
provider entity pursuant to minimum standards required for
licensing by the department for the purpose of providing services not available from licensed service providers;
(2) Operate as a licensed service provider if it deems that
doing so is more efficient and cost effective than contracting
for services. When doing so, the regional support network
71.24.045
(2006 Ed.)
Community Mental Health Services Act
shall comply with rules promulgated by the secretary that
shall provide measurements to determine when a regional
support network provided service is more efficient and cost
effective;
(3) Monitor and perform biennial fiscal audits of
licensed service providers who have contracted with the
regional support network to provide services required by this
chapter. The monitoring and audits shall be performed by
means of a formal process which insures that the licensed service providers and professionals designated in this subsection
meet the terms of their contracts;
(4) Assure that the special needs of minorities, the elderly, disabled, children, and low-income persons are met
within the priorities established in this chapter;
(5) Maintain patient tracking information in a central
location as required for resource management services and
the department’s information system;
(6) Collaborate to ensure that policies do not result in an
adverse shift of mentally ill persons into state and local correctional facilities;
(7) Work with the department to expedite the enrollment
or re-enrollment of eligible persons leaving state or local correctional facilities and institutions for mental diseases;
(8) If a regional support network is not operated by the
county, work closely with the county designated mental
health professional or county designated crisis responder to
maximize appropriate placement of persons into community
services; and
(9) Coordinate services for individuals who have
received services through the community mental health system and who become patients at a state mental hospital to
ensure they are transitioned into the community in accordance with mutually agreed upon discharge plans and upon
determination by the medical director of the state mental hospital that they no longer need intensive inpatient care. [2006
c 333 § 105; 2005 c 503 § 8; 2001 c 323 § 12; 1992 c 230 §
5. Prior: 1991 c 363 § 147; 1991 c 306 § 5; 1991 c 29 § 2;
1989 c 205 § 4; 1986 c 274 § 5; 1982 c 204 § 5.]
Finding—Purpose—Intent—Severability—Part headings not
law—Effective dates—2006 c 333: See notes following RCW 71.24.016.
Correction of references—Savings—Severability—2005 c 503: See
notes following RCW 71.24.015.
Effective date—1992 c 230 § 5: "Section 5 of this act shall take effect
July 1, 1995." [1992 c 230 § 8.]
Intent—1992 c 230: See note following RCW 72.23.025.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Conflict with federal requirements—1991 c 306: See note following
RCW 71.24.015.
71.24.200
mated cost of serving these additional children and their families. [2001 c 323 § 13; 1999 c 10 § 6; 1986 c 274 § 6.]
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
71.24.100
71.24.100 Joint agreements of county authorities—
Required provisions. A county authority or a group of
county authorities may enter into a joint operating agreement
to form a regional support network. Any agreement between
two or more county authorities for the establishment of a
regional support network shall provide:
(1) That each county shall bear a share of the cost of
mental health services; and
(2) That the treasurer of one participating county shall be
the custodian of funds made available for the purposes of
such mental health services, and that the treasurer may make
payments from such funds upon audit by the appropriate
auditing officer of the county for which he is treasurer. [2005
c 503 § 9; 1982 c 204 § 7; 1967 ex.s. c 111 § 10.]
Correction of references—Savings—Severability—2005 c 503: See
notes following RCW 71.24.015.
71.24.110
71.24.110 Joint agreements of county authorities—
Permissive provisions. An agreement for the establishment
of a community mental health program under RCW
71.24.100 may also provide:
(1) For the joint supervision or operation of services and
facilities, or for the supervision or operation of service and
facilities by one participating county under contract for the
other participating counties; and
(2) For such other matters as are necessary or proper to
effectuate the purposes of this chapter. [1999 c 10 § 7; 1982
c 204 § 8; 1967 ex.s. c 111 § 11.]
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
71.24.155
71.24.155 Grants to regional support networks—
Accounting. Grants shall be made by the department to
regional support networks for community mental health programs totaling not less than ninety-five percent of available
resources. The department may use up to forty percent of the
remaining five percent to provide community demonstration
projects, including early intervention or primary prevention
programs for children, and the remainder shall be for emergency needs and technical assistance under this chapter.
[2001 c 323 § 14; 1987 c 505 § 65; 1986 c 274 § 9; 1982 c 204
§ 9.]
Effective date—1986 c 274 §§ 1, 2, 3, 5, and 9: See note following
RCW 71.24.015.
71.24.160
Effective date—1986 c 274 §§ 1, 2, 3, 5, and 9: See note following
RCW 71.24.015.
71.24.049
71.24.049 Identification by regional support network—Children’s mental health services. By January 1st
of each odd-numbered year, the regional support network
shall identify: (1) The number of children in each priority
group, as defined by this chapter, who are receiving mental
health services funded in part or in whole under this chapter,
(2) the amount of funds under this chapter used for children’s
mental health services, (3) an estimate of the number of
unserved children in each priority group, and (4) the esti(2006 Ed.)
71.24.160 Proof as to uses made of state funds. The
regional support networks shall make satisfactory showing to
the secretary that state funds shall in no case be used to
replace local funds from any source being used to finance
mental health services prior to January 1, 1990. [2001 c 323
§ 15; 1989 c 205 § 7; 1982 c 204 § 10; 1967 ex.s. c 111 § 16.]
71.24.200
71.24.200 Expenditures of county funds subject to
county fiscal laws. Expenditures of county funds under this
chapter shall be subject to the provisions of chapter 36.40
RCW and other statutes relating to expenditures by counties.
[1967 ex.s. c 111 § 20.]
[Title 71 RCW—page 59]
71.24.215
Title 71 RCW: Mental Illness
71.24.215
71.24.215 Clients to be charged for services. Clients
receiving mental health services funded by available
resources shall be charged a fee under sliding-scale fee
schedules, based on ability to pay, approved by the department. Fees shall not exceed the actual cost of care. [1982 c
204 § 11.]
71.24.220
71.24.220 Reimbursement may be withheld for noncompliance with chapter or related rules. The secretary
may withhold state grants in whole or in part for any community mental health program in the event of a failure to comply
with this chapter or the related rules adopted by the department. [1999 c 10 § 8; 1982 c 204 § 12; 1967 ex.s. c 111 § 22.]
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
71.24.240
71.24.240 County program plans to be approved by
secretary prior to submittal to federal agency. In order to
establish eligibility for funding under this chapter, any
regional support network seeking to obtain federal funds for
the support of any aspect of a community mental health program as defined in this chapter shall submit program plans to
the secretary for prior review and approval before such plans
are submitted to any federal agency. [2005 c 503 § 10; 1982
c 204 § 13; 1967 ex.s. c 111 § 24.]
Correction of references—Savings—Severability—2005 c 503: See
notes following RCW 71.24.015.
71.24.250
71.24.250 Regional support network may accept and
expend gifts and grants. The regional support network may
accept and expend gifts and grants received from private,
county, state, and federal sources. [2001 c 323 § 16; 1982 c
204 § 14; 1967 ex.s. c 111 § 25.]
71.24.260
71.24.260 Waiver of postgraduate educational
requirements. The department shall waive postgraduate
educational requirements applicable to mental health professionals under this chapter for those persons who have a bachelor’s degree and on June 11, 1986:
(1) Are employed by an agency subject to licensure
under this chapter, the community mental health services act,
in a capacity involving the treatment of mental illness; and
(2) Have at least ten years of full-time experience in the
treatment of mental illness. [1986 c 274 § 10.]
71.24.300
71.24.300 Regional support networks—Inclusion of
tribal authorities—Roles and responsibilities. (1) Upon
the request of a tribal authority or authorities within a
regional support network the joint operating agreement or the
county authority shall allow for the inclusion of the tribal
authority to be represented as a party to the regional support
network.
(2) The roles and responsibilities of the county and tribal
authorities shall be determined by the terms of that agreement
including a determination of membership on the governing
board and advisory committees, the number of tribal representatives to be party to the agreement, and the provisions of
law and shall assure the provision of culturally competent
services to the tribes served.
(3) The state mental health authority may not determine
the roles and responsibilities of county authorities as to each
[Title 71 RCW—page 60]
other under regional support networks by rule, except to
assure that all duties required of regional support networks
are assigned and that counties and the regional support network do not duplicate functions and that a single authority
has final responsibility for all available resources and performance under the regional support network’s contract with the
secretary.
(4) If a regional support network is a private nonprofit
entity, the department shall allow for the inclusion of the
tribal authority to be represented as a party to the regional
support network.
(5) The roles and responsibilities of the private nonprofit
entity and the tribal authorities shall be determined by the
department, through negotiation with the tribal authority.
(6) Regional support networks shall submit an overall
six-year operating and capital plan, timeline, and budget and
submit progress reports and an updated two-year plan biennially thereafter, to assume within available resources all of the
following duties:
(a) Administer and provide for the availability of all
resource management services, residential services, and community support services.
(b) Administer and provide for the availability of all
investigation, transportation, court-related, and other services
provided by the state or counties pursuant to chapter 71.05
RCW.
(c) Provide within the boundaries of each regional support network evaluation and treatment services for at least
ninety percent of persons detained or committed for periods
up to seventeen days according to chapter 71.05 RCW.
Regional support networks may contract to purchase evaluation and treatment services from other networks if they are
unable to provide for appropriate resources within their
boundaries. Insofar as the original intent of serving persons
in the community is maintained, the secretary is authorized to
approve exceptions on a case-by-case basis to the requirement to provide evaluation and treatment services within the
boundaries of each regional support network. Such exceptions are limited to:
(i) Contracts with neighboring or contiguous regions; or
(ii) Individuals detained or committed for periods up to
seventeen days at the state hospitals at the discretion of the
secretary.
(d) Administer and provide for the availability of all
other mental health services, which shall include patient
counseling, day treatment, consultation, education services,
employment services as defined in RCW 71.24.035, and
mental health services to children.
(e) Establish standards and procedures for reviewing
individual service plans and determining when that person
may be discharged from resource management services.
(7) A regional support network may request that any
state-owned land, building, facility, or other capital asset
which was ever purchased, deeded, given, or placed in trust
for the care of the mentally ill and which is within the boundaries of a regional support network be made available to support the operations of the regional support network. State
agencies managing such capital assets shall give first priority
to requests for their use pursuant to this chapter.
(8) Each regional support network shall appoint a mental
health advisory board which shall review and provide com(2006 Ed.)
Community Mental Health Services Act
ments on plans and policies developed under this chapter,
provide local oversight regarding the activities of the regional
support network, and work with the regional support network
to resolve significant concerns regarding service delivery and
outcomes. The department shall establish statewide procedures for the operation of regional advisory committees
including mechanisms for advisory board feedback to the
department regarding regional support network performance.
The composition of the board shall be broadly representative
of the demographic character of the region and shall include,
but not be limited to, representatives of consumers and families, law enforcement, and where the county is not the
regional support network, county elected officials. Composition and length of terms of board members may differ
between regional support networks but shall be included in
each regional support network’s contract and approved by the
secretary.
(9) Regional support networks shall assume all duties
specified in their plans and joint operating agreements
through biennial contractual agreements with the secretary.
(10) Regional support networks may receive technical
assistance from the housing trust fund and may identify and
submit projects for housing and housing support services to
the housing trust fund established under chapter 43.185
RCW. Projects identified or submitted under this subsection
must be fully integrated with the regional support network
six-year operating and capital plan, timeline, and budget
required by subsection (6) of this section. [2006 c 333 § 106;
2005 c 503 § 11; 2001 c 323 § 17. Prior: 1999 c 214 § 8;
1999 c 10 § 9; 1994 c 204 § 2; 1992 c 230 § 6; prior: 1991 c
295 § 3; 1991 c 262 § 2; 1991 c 29 § 3; 1989 c 205 § 5.]
Finding—Purpose—Intent—Severability—Part headings not
law—Effective dates—2006 c 333: See notes following RCW 71.24.016.
Correction of references—Savings—Severability—2005 c 503: See
notes following RCW 71.24.015.
Intent—Effective date—1999 c 214: See notes following RCW
72.09.370.
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Intent—1992 c 230: See note following RCW 72.23.025.
Evaluation of transition to regional systems—1989 c 205: See note
following RCW 71.24.015.
71.24.310
71.24.310 Administration of chapters 71.05 and
71.24 RCW through regional support networks—Implementation of chapter 71.05 RCW. The legislature finds
that administration of chapter 71.05 RCW and this chapter
can be most efficiently and effectively implemented as part
of the regional support network defined in RCW 71.24.025.
For this reason, the legislature intends that the department
and the regional support networks shall work together to
implement chapter 71.05 RCW as follows:
(1) By June 1, 2006, regional support networks shall recommend to the department the number of state hospital beds
that should be allocated for use by each regional support network. The statewide total allocation shall not exceed the
number of state hospital beds offering long-term inpatient
care, as defined in this chapter, for which funding is provided
in the biennial appropriations act.
(2) If there is consensus among the regional support networks regarding the number of state hospital beds that should
be allocated for use by each regional support network, the
(2006 Ed.)
71.24.320
department shall contract with each regional support network
accordingly.
(3) If there is not consensus among the regional support
networks regarding the number of beds that should be allocated for use by each regional support network, the department shall establish by emergency rule the number of state
hospital beds that are available for use by each regional support network. The emergency rule shall be effective September 1, 2006. The primary factor used in the allocation shall be
the estimated number of acutely and chronically mentally ill
adults in each regional support network area, based upon
population-adjusted incidence and utilization.
(4) The allocation formula shall be updated at least every
three years to reflect demographic changes, and new evidence regarding the incidence of acute and chronic mental illness and the need for long-term inpatient care. In the
updates, the statewide total allocation shall include (a) all
state hospital beds offering long-term inpatient care for
which funding is provided in the biennial appropriations act;
plus (b) the estimated equivalent number of beds or comparable diversion services contracted in accordance with subsection (5) of this section.
(5) The department is encouraged to enter performancebased contracts with regional support networks to provide
some or all of the regional support network’s allocated longterm inpatient treatment capacity in the community, rather
than in the state hospital. The performance contracts shall
specify the number of patient days of care available for use
by the regional support network in the state hospital.
(6) If a regional support network uses more state hospital
patient days of care than it has been allocated under subsection (3) or (4) of this section, or than it has contracted to use
under subsection (5) of this section, whichever is less, it shall
reimburse the department for that care. The reimbursement
rate per day shall be the hospital’s total annual budget for
long-term inpatient care, divided by the total patient days of
care assumed in development of that budget.
(7) One-half of any reimbursements received pursuant to
subsection (6) of this section shall be used to support the cost
of operating the state hospital. The department shall distribute the remaining half of such reimbursements among
regional support networks that have used less than their allocated or contracted patient days of care at that hospital, proportional to the number of patient days of care not used.
[2006 c 333 § 107; 1989 c 205 § 6.]
Finding—Purpose—Intent—Severability—Part headings not
law—Effective dates—2006 c 333: See notes following RCW 71.24.016.
Evaluation of transition to regional systems—1989 c 205: See note
following RCW 71.24.015.
71.24.320
71.24.320 Regional support networks—Procurement
process—Request for qualifications—Request for proposals. (1) The secretary shall initiate a procurement process
for regional support networks in 2005. In the first step of the
procurement process, existing regional support networks may
respond to a request for qualifications developed by the
department. The secretary shall issue the request for qualifications not later than October 1, 2005. The request for qualifications shall be based on cost-effectiveness, adequate residential and service capabilities, effective collaboration with
criminal justice agencies and the chemical dependency treat[Title 71 RCW—page 61]
71.24.3201
Title 71 RCW: Mental Illness
ment system, and the ability to provide the full array of services as stated in the mental health state plan, and shall meet
all applicable federal and state regulations and standards. An
existing regional support network shall be awarded the contract with the department if it substantially meets the requirements of the request for qualifications developed by the
department.
(2)(a) If an existing regional support network chooses
not to respond to the request for qualifications, or is unable to
substantially meet the requirements of the request for qualifications, the department shall utilize a procurement process in
which other entities recognized by the secretary may bid to
serve as the regional support network in that region. The procurement process shall begin with a request for proposals
issued March 1, 2006.
(i) The request for proposal shall include a scoring factor
for proposals that include additional financial resources
beyond that provided by state appropriation or allocation.
(ii) Regional support networks that substantially met the
requirements of the request for qualifications may bid to
serve as the regional support network for other regions of the
state that are subject to the request for proposal process. The
proposal shall be evaluated on whether the bid meets the
threshold requirement for the new region and shall not subject the regional support networks’ original region to the
request for proposal.
(b) Prior to final evaluation and scoring of the proposals
all respondents will be provided with an opportunity for a
detailed briefing by the department regarding the deficiencies
in the proposal and shall be provided an opportunity to clarify
information previously submitted. [2006 c 333 § 202; 2005 c
503 § 4.]
(2) The procurement process shall encourage the preservation of infrastructure previously purchased by the community mental health service delivery system, the maintenance
of linkages between other services and delivery systems, and
maximization of the use of available funds for services versus
profits. The procurement process shall provide that public
funds appropriated by the legislature shall not be used to promote or deter, encourage, or discourage employees from
exercising their rights under Title 29, chapter 7, subchapter
II, United States Code or chapter 41.56 RCW.
(3) In addition to the requirements of RCW 71.24.035,
contracts shall:
(a) Define administrative costs and ensure that the
regional support network does not exceed an administrative
cost of ten percent of available funds;
(b) Require effective collaboration with law enforcement, criminal justice agencies, and the chemical dependency
treatment system;
(c) Require substantial implementation of department
adopted integrated screening and assessment process and
matrix of best practices;
(d) Maintain the decision-making independence of designated mental health professionals;
(e) Except at the discretion of the secretary or as specified in the biennial budget, require regional support networks
to pay the state for the costs associated with individuals who
are being served on the grounds of the state hospitals and who
are not receiving long-term inpatient care as defined in RCW
71.24.025; and
(f) Include a negotiated alternative dispute resolution
clause. [2006 c 333 § 203; 2005 c 503 § 6.]
Finding—Purpose—Intent—Severability—Part headings not
law—Effective dates—2006 c 333: See notes following RCW 71.24.016.
Finding—Purpose—Intent—Severability—Part headings not
law—Effective dates—2006 c 333: See notes following RCW 71.24.016.
Effective date—2005 c 503 § 4: "Section 4 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [May 17, 2005]." [2005 c 503 § 19.]
Correction of references—Savings—Severability—2005 c 503: See
notes following RCW 71.24.015.
71.24.340
Correction of references—Savings—Severability—2005 c 503: See
notes following RCW 71.24.015.
71.24.3201
71.24.3201 Contracts for regional support network
services. (Expires June 30, 2007.) (1) The department of
social and health services shall enter into a contract with
regional support networks for the period ending August 31,
2006. The department shall issue a request for proposal to the
extent required by RCW 71.24.320 and the contract shall be
effective September 1, 2006.
(2) This section expires June 30, 2007. [2005 c 503 §
15.]
Correction of references—Savings—Severability—2005 c 503: See
notes following RCW 71.24.015.
71.24.330
71.24.330 Regional support networks—Contracts
with department—Requirements. (1) Contracts between a
regional support network and the department shall include
mechanisms for monitoring performance under the contract
and remedies for failure to substantially comply with the
requirements of the contract including, but not limited to,
financial penalties, termination of the contract, and reprocurement of the contract.
[Title 71 RCW—page 62]
71.24.340 Regional support networks—Eligibility
for medical assistance upon release from confinement—
Interlocal agreements. The secretary shall require the
regional support networks to develop interlocal agreements
pursuant to RCW 74.09.555. To this end, the regional support networks shall accept referrals for enrollment on behalf
of a confined person, prior to the person’s release. [2005 c
503 § 13.]
Correction of references—Savings—Severability—2005 c 503: See
notes following RCW 71.24.015.
71.24.350
71.24.350 Mental health ombudsman office. The
department shall require each regional support network to
provide for a separately funded mental health ombudsman
office in each regional support network that is independent of
the regional support network. The ombudsman office shall
maximize the use of consumer advocates. [2005 c 504 §
803.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
(2006 Ed.)
Community Mental Health Services Act
71.24.360 Establishment of new regional support
networks. The department may establish new regional support network boundaries in any part of the state where more
than one network chooses not to respond to, or is unable to
substantially meet the requirements of, the request for qualifications under section 4, chapter 503, Laws of 2005 or where
a regional support network is subject to reprocurement under
section 6, chapter 503, Laws of 2005. The department may
establish no fewer than eight and no more than fourteen
regional support networks under this chapter. No entity shall
be responsible for more than three regional support networks.
[2005 c 504 § 805.]
71.24.360
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
71.24.370
71.24.370 Regional support networks contracts—
Limitation on state liability. (1) Except for monetary damage claims which have been reduced to final judgment by a
superior court, this section applies to all claims against the
state, state agencies, state officials, or state employees that
exist on or arise after March 29, 2006.
(2) Except as expressly provided in contracts entered
into between the department and the regional support networks after March 29, 2006, the entities identified in subsection (3) of this section shall have no claim for declaratory
relief, injunctive relief, judicial review under chapter 34.05
RCW, or civil liability against the state or state agencies for
actions or inactions performed pursuant to the administration
of this chapter with regard to the following: (a) The allocation or payment of federal or state funds; (b) the use or allocation of state hospital beds; or (c) financial responsibility for
the provision of inpatient mental health care.
(3) This section applies to counties, regional support networks, and entities which contract to provide regional support network services and their subcontractors, agents, or
employees. [2006 c 333 § 103.]
Finding—Purpose—Intent—Severability—Part headings not
law—Effective dates—2006 c 333: See notes following RCW 71.24.016.
71.24.400
71.24.400 Streamlining delivery system—Finding.
The legislature finds that the current complex set of federal,
state, and local rules and regulations, audited and administered at multiple levels, which affect the community mental
health service delivery system, focus primarily on the process
of providing mental health services and do not sufficiently
address consumer and system outcomes. The legislature finds
that the department and the community mental health service
delivery system must make ongoing efforts to achieve the
purposes set forth in RCW 71.24.015 related to reduced
administrative layering, duplication, elimination of process
measures not specifically required by the federal government
for the receipt of federal funds, and reduced administrative
costs. [2001 c 323 § 18; 1999 c 10 § 10; 1995 c 96 § 1; 1994
c 259 § 1.]
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Effective date—1995 c 96: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 18, 1995]." [1995 c 96 § 5.]
(2006 Ed.)
71.24.415
71.24.405 Streamlining delivery system. The department shall establish a comprehensive and collaborative effort
within regional support networks and with local mental
health service providers aimed at creating innovative and
streamlined community mental health service delivery systems, in order to carry out the purposes set forth in RCW
71.24.400 and to capture the diversity of the community
mental health service delivery system.
The department must accomplish the following:
(1) Identification, review, and cataloging of all rules,
regulations, duplicative administrative and monitoring functions, and other requirements that currently lead to inefficiencies in the community mental health service delivery system
and, if possible, eliminate the requirements;
(2) The systematic and incremental development of a
single system of accountability for all federal, state, and local
funds provided to the community mental health service delivery system. Systematic efforts should be made to include federal and local funds into the single system of accountability;
(3) The elimination of process regulations and related
contract and reporting requirements. In place of the regulations and requirements, a set of outcomes for mental health
adult and children clients according to chapter 71.24 RCW
must be used to measure the performance of mental health
service providers and regional support networks. Such outcomes shall focus on stabilizing out-of-home and hospital
care, increasing stable community living, increasing ageappropriate activities, achieving family and consumer satisfaction with services, and system efficiencies;
(4) Evaluation of the feasibility of contractual agreements between the department of social and health services
and regional support networks and mental health service providers that link financial incentives to the success or failure of
mental health service providers and regional support networks to meet outcomes established for mental health service
clients;
(5) The involvement of mental health consumers and
their representatives. Mental health consumers and their representatives will be involved in the development of outcome
standards for mental health clients under *section 5 of this
act; and
(6) An independent evaluation component to measure
the success of the department in fully implementing the provisions of RCW 71.24.400 and this section. [2001 c 323 §
19; 1999 c 10 § 11; 1995 c 96 § 2; 1994 c 259 § 2.]
71.24.405
*Reviser’s note: Section 5 of this act was vetoed by the governor.
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Effective date—1995 c 96: See note following RCW 71.24.400.
71.24.415 Streamlining delivery system—Department duties to achieve outcomes. To carry out the purposes
specified in RCW 71.24.400, the department is encouraged to
utilize its authority to eliminate any unnecessary rules, regulations, standards, or contracts, to immediately eliminate
duplication of audits or any other unnecessarily duplicated
functions, and to seek any waivers of federal or state rules or
regulations necessary to achieve the purpose of streamlining
the community mental health service delivery system and
infusing it with incentives that reward efficiency, positive
outcomes for clients, and quality services. [1999 c 10 § 12;
1995 c 96 § 3; 1994 c 259 § 4.]
71.24.415
[Title 71 RCW—page 63]
71.24.420
Title 71 RCW: Mental Illness
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Effective date—1995 c 96: See note following RCW 71.24.400.
71.24.420
71.24.420 Expenditure of federal funds. The department shall operate the community mental health service
delivery system authorized under this chapter within the following constraints:
(1) The full amount of federal funds for mental health
services, plus qualifying state expenditures as appropriated in
the biennial operating budget, shall be appropriated to the
department each year in the biennial appropriations act to
carry out the provisions of the community mental health service delivery system authorized in this chapter.
(2) The department may expend funds defined in subsection (1) of this section in any manner that will effectively
accomplish the outcome measures defined in *section 5 of
this act.
(3) The department shall implement strategies that
accomplish the outcome measures identified in *section 5 of
this act that are within the funding constraints in this section.
(4) The department shall monitor expenditures against
the appropriation levels provided for in subsection (1) of this
section. [2001 c 323 § 2.]
*Reviser’s note: Section 5 of this act was vetoed by the governor.
71.24.430
71.24.430 Collaborative service delivery. (1) The
department shall ensure the coordination of allied services for
mental health clients. The department shall implement strategies for resolving organizational, regulatory, and funding
issues at all levels of the system, including the state, the
regional support networks, and local service providers.
(2) The department shall propose, in operating budget
requests, transfers of funding among programs to support collaborative service delivery to persons who require services
from multiple department programs. The department shall
report annually to the appropriate committees of the senate
and house of representatives on actions and projects it has
taken to promote collaborative service delivery. [2001 c 323
§ 3.]
71.24.450
71.24.450 Mentally ill offenders—Findings and
intent. (1) Many acute and chronically mentally ill offenders
are delayed in their release from Washington correctional
facilities due to their inability to access reasonable treatment
and living accommodations prior to the maximum expiration
of their sentences. Often the offender reaches the end of his or
her sentence and is released without any follow-up care,
funds, or housing. These delays are costly to the state, often
lead to psychiatric relapse, and result in unnecessary risk to
the public.
These offenders rarely possess the skills or emotional
stability to maintain employment or even complete applications to receive entitlement funding. Nation-wide only five
percent of diagnosed schizophrenics are able to maintain
part-time or full-time employment. Housing and appropriate
treatment are difficult to obtain.
This lack of resources, funding, treatment, and housing
creates additional stress for the mentally ill offender, impairing self-control and judgment. When the mental illness is
instrumental in the offender’s patterns of crime, such stresses
[Title 71 RCW—page 64]
may lead to a worsening of his or her illness, reoffending, and
a threat to public safety.
(2) It is the intent of the legislature to create a pilot program to provide for postrelease mental health care and housing for a select group of mentally ill offenders entering community living, in order to reduce incarceration costs, increase
public safety, and enhance the offender’s quality of life.
[1997 c 342 § 1.]
Severability—1997 c 342: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 342 § 6.]
71.24.455
71.24.455 Mentally ill offenders—Contracts for specialized access and services. (1) The secretary shall select
and contract with a regional support network or private provider to provide specialized access and services to mentally
ill offenders upon release from total confinement within the
department of corrections who have been identified by the
department of corrections and selected by the regional support network or private provider as high-priority clients for
services and who meet service program entrance criteria. The
program shall enroll no more than twenty-five offenders at
any one time, or a number of offenders that can be accommodated within the appropriated funding level, and shall seek to
fill any vacancies that occur.
(2) Criteria shall include a determination by department
of corrections staff that:
(a) The offender suffers from a major mental illness and
needs continued mental health treatment;
(b) The offender’s previous crime or crimes have been
determined by either the court or department of corrections
staff to have been substantially influenced by the offender’s
mental illness;
(c) It is believed the offender will be less likely to commit further criminal acts if provided ongoing mental health
care;
(d) The offender is unable or unlikely to obtain housing
and/or treatment from other sources for any reason; and
(e) The offender has at least one year remaining before
his or her sentence expires but is within six months of release
to community housing and is currently housed within a work
release facility or any department of corrections’ division of
prisons facility.
(3) The regional support network or private provider
shall provide specialized access and services to the selected
offenders. The services shall be aimed at lowering the risk of
recidivism. An oversight committee composed of a representative of the department, a representative of the selected
regional support network or private provider, and a representative of the department of corrections shall develop policies
to guide the pilot program, provide dispute resolution including making determinations as to when entrance criteria or
required services may be waived in individual cases, advise
the department of corrections and the regional support network or private provider on the selection of eligible offenders, and set minimum requirements for service contracts. The
selected regional support network or private provider shall
implement the policies and service contracts. The following
services shall be provided:
(2006 Ed.)
Community Mental Health Services Act
(a) Intensive case management to include a full range of
intensive community support and treatment in client-to-staff
ratios of not more than ten offenders per case manager
including: (i) A minimum of weekly group and weekly individual counseling; (ii) home visits by the program manager at
least two times per month; and (iii) counseling focusing on
relapse prevention and past, current, or future behavior of the
offender.
(b) The case manager shall attempt to locate and procure
housing appropriate to the living and clinical needs of the
offender and as needed to maintain the psychiatric stability of
the offender. The entire range of emergency, transitional, and
permanent housing and involuntary hospitalization must be
considered as available housing options. A housing subsidy
may be provided to offenders to defray housing costs up to a
maximum of six thousand six hundred dollars per offender
per year and be administered by the case manager. Additional
funding sources may be used to offset these costs when available.
(c) The case manager shall collaborate with the assigned
prison, work release, or community corrections staff during
release planning, prior to discharge, and in ongoing supervision of the offender while under the authority of the department of corrections.
(d) Medications including the full range of psychotropic
medications including atypical antipsychotic medications
may be required as a condition of the program. Medication
prescription, medication monitoring, and counseling to support offender understanding, acceptance, and compliance
with prescribed medication regimens must be included.
(e) A systematic effort to engage offenders to continuously involve themselves in current and long-term treatment
and appropriate habilitative activities shall be made.
(f) Classes appropriate to the clinical and living needs of
the offender and appropriate to his or her level of understanding.
(g) The case manager shall assist the offender in the
application and qualification for entitlement funding, including medicaid, state assistance, and other available government and private assistance at any point that the offender is
qualified and resources are available.
(h) The offender shall be provided access to daily activities such as drop-in centers, prevocational and vocational
training and jobs, and volunteer activities.
(4) Once an offender has been selected into the pilot program, the offender shall remain in the program until the end
of his or her sentence or unless the offender is released from
the pilot program earlier by the department of corrections.
(5) Specialized training in the management and supervision of high-crime risk mentally ill offenders shall be provided to all participating mental health providers by the
department and the department of corrections prior to their
participation in the program and as requested thereafter.
(6) The pilot program provided for in this section must
be providing services by July 1, 1998. [1997 c 342 § 2.]
Severability—1997 c 342: See note following RCW 71.24.450.
71.24.460
71.24.460 Mentally ill offenders—Report to legislature—Contingent termination of program. The department, in collaboration with the department of corrections and
(2006 Ed.)
71.24.480
the oversight committee created in RCW 71.24.455, shall
track outcomes and submit to the legislature annual reports
regarding services and outcomes. The reports shall include
the following: (1) A statistical analysis regarding the reoffense and reinstitutionalization rate by the enrollees in the
program set forth in RCW 71.24.455; (2) a quantitative
description of the services provided in the program set forth
in RCW 71.24.455; and (3) recommendations for any needed
modifications in the services and funding levels to increase
the effectiveness of the program set forth in RCW 71.24.455.
By December 1, 2003, the department shall certify the reoffense rate for enrollees in the program authorized by RCW
71.24.455 to the office of financial management and the
appropriate legislative committees. If the reoffense rate
exceeds fifteen percent, the authorization for the department
to conduct the program under RCW 71.24.455 is terminated
on January 1, 2004. [1999 c 10 § 13; 1997 c 342 § 4.]
Purpose—Intent—1999 c 10: See note following RCW 71.24.025.
Severability—1997 c 342: See note following RCW 71.24.450.
71.24.470
71.24.470 Dangerous mentally ill offenders—Contract for case management—Use of appropriated funds.
(1) The secretary shall contract, to the extent that funds are
appropriated for this purpose, for case management services
and such other services as the secretary deems necessary to
assist offenders identified under RCW 72.09.370. The contracts may be with regional support networks or any other
qualified and appropriate entities.
(2) The case manager has the authority to assist these
offenders in obtaining the services, as set forth in the plan
created under RCW 72.09.370(2), for up to five years. The
services may include coordination of mental health services,
assistance with unfunded medical expenses, obtaining chemical dependency treatment, housing, employment services,
educational or vocational training, independent living skills,
parenting education, anger management services, and such
other services as the case manager deems necessary.
(3) The legislature intends that funds appropriated for the
purposes of RCW 72.09.370, 71.05.145, and 71.05.212, and
this section and distributed to the regional support networks
are to supplement and not to supplant general funding. Funds
appropriated to implement RCW 72.09.370, 71.05.145, and
71.05.212, and this section are not to be considered available
resources as defined in RCW 71.24.025 and are not subject to
the statutory distribution formula established pursuant to
*RCW 71.24.035. [1999 c 214 § 9.]
*Reviser’s note: RCW 71.24.035(13) was amended by 2006 c 333 §
201, changing "distribution formula" to "priorities, terms, or conditions in
the appropriations act."
Intent—Effective date—1999 c 214: See notes following RCW
72.09.370.
71.24.480
71.24.480 Dangerous mentally ill offenders—Limitation on liability due to treatment—Reporting requirements. (1) A licensed service provider or regional support
network, acting in the course of the provider’s or network’s
duties under this chapter, is not liable for civil damages
resulting from the injury or death of another caused by a dangerous mentally ill offender who is a client of the provider or
network, unless the act or omission of the provider or network constitutes:
[Title 71 RCW—page 65]
71.24.805
Title 71 RCW: Mental Illness
(a) Gross negligence;
(b) Willful or wanton misconduct; or
(c) A breach of the duty to warn of and protect from a client’s threatened violent behavior if the client has communicated a serious threat of physical violence against a reasonably ascertainable victim or victims.
(2) In addition to any other requirements to report violations, the licensed service provider and regional support network shall report an offender’s expressions of intent to harm
or other predatory behavior, regardless of whether there is an
ascertainable victim, in progress reports and other established
processes that enable courts and supervising entities to assess
and address the progress and appropriateness of treatment.
(3) A licensed service provider’s or regional support network’s mere act of treating a dangerous mentally ill offender
is not negligence. Nothing in this subsection alters the
licensed service provider’s or regional support network’s
normal duty of care with regard to the client.
(4) The limited liability provided by this section applies
only to the conduct of licensed service providers and regional
support networks and does not apply to conduct of the state.
(5) For purposes of this section, "dangerous mentally ill
offender" means a person who has been identified under
RCW 72.09.370 as an offender who: (a) Is reasonably
believed to be dangerous to himself or herself or others; and
(b) has a mental disorder. [2002 c 173 § 1.]
71.24.805
71.24.805 Mental health system review—Performance audit recommendations affirmed. The legislature
affirms its support for those recommendations of the performance audit of the public mental health system conducted by
the joint legislative audit and review committee relating to:
Improving the coordination of services for clients with multiple needs; improving the consistency of client, service, and
fiscal data collected by the mental health division; replacing
process-oriented accountability activities with a uniform
statewide outcome measurement system; and using outcome
information to identify and provide incentives for best practices in the provision of public mental health services. [2001
c 334 § 1.]
Effective date—2001 c 334: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 15, 2001]." [2001 c 334 § 10.]
housing stability, criminal justice involvement, and level of
services needed. The institute shall report these long-term
outcomes to the appropriate policy and fiscal committee of
the legislature annually beginning not later than December
31, 2005. [2001 c 334 § 5.]
Effective date—2001 c 334: See note following RCW 71.24.805.
71.24.900 Effective date—1967 ex.s. c 111. This act
shall take effect on July 1, 1967. [1967 ex.s. c 111 § 26.]
71.24.900
71.24.901 Severability—1982 c 204. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 204 § 28.]
71.24.901
71.24.902 Construction. Nothing in this chapter shall
be construed as prohibiting the secretary from consolidating
within the department children’s mental health services with
other departmental services related to children. [1986 c 274
§ 7.]
71.24.902
Chapter 71.28 RCW
MENTAL HEALTH AND DEVELOPMENTAL
DISABILITIES SERVICES—
INTERSTATE CONTRACTS
Chapter 71.28
Sections
71.28.010
Contracts by boundary counties or cities therein.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
71.28.010 Contracts by boundary counties or cities
therein. Any county, or city within a county which is situated on the state boundaries is authorized to contract for mental health services with a county situated in either the states of
Oregon or Idaho, located on the boundaries of such states
with the state of Washington. [1988 c 176 § 911; 1977 ex.s.
c 80 § 44; 1967 c 84 § 1.]
71.28.010
Severability—1988 c 176: See RCW 71A.10.900.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Chapter 71.32 RCW
MENTAL HEALTH ADVANCE DIRECTIVES
Chapter 71.32
71.24.810
71.24.810 Mental health system review—Implementation of performance audit recommendations. The legislature supports recommendations 1 through 10 and 12
through 14 of the mental health system performance audit
conducted by the joint legislative audit and review committee. The legislature expects the department of social and
health services to work diligently within available funds to
implement these recommendations. [2001 c 334 § 2.]
Effective date—2001 c 334: See note following RCW 71.24.805.
71.24.840
71.24.840 Mental health system review—Study of
long-term outcomes. The Washington institute for public
policy shall conduct a longitudinal study of long-term client
outcomes to assess any changes in client status at two, five,
and ten years. The measures tracked shall include client
change as a result of services, employment and/or education,
[Title 71 RCW—page 66]
Sections
71.32.010
71.32.020
71.32.030
71.32.040
71.32.050
71.32.060
71.32.070
71.32.080
71.32.090
71.32.100
71.32.110
71.32.120
71.32.130
71.32.140
71.32.150
71.32.160
Legislative declaration—Findings.
Definitions.
Construction of definitions.
Adult presumed to have capacity.
Execution of directive—Scope.
Execution of directive—Elements—Effective date—Expiration.
Prohibited elements.
Revocation—Waiver.
Witnesses.
Appointment of agent.
Determination of capacity.
Action to contest directive.
Determination of capacity—Reevaluations of capacity.
Refusal of admission to inpatient treatment—Effect of directive.
Compliance with directive—Conditions for noncompliance.
Electroconvulsive therapy.
(2006 Ed.)
Mental Health Advance Directives
71.32.170
71.32.180
71.32.190
71.32.200
71.32.210
71.32.220
71.32.230
71.32.240
71.32.250
71.32.260
71.32.900
71.32.901
Providers—Immunity from liability—Conditions.
Multiple directives, agents—Effect—Disclosure of court
orders.
Preexisting, foreign directives—Validity.
Fraud, duress, undue influence—Appointment of guardian.
Execution of directive not evidence of mental disorder or lack
of capacity.
Requiring directive prohibited.
Coercion, threats prohibited.
Other authority not limited.
Long-term care facility residents—Readmission after inpatient
mental health treatment—Evaluation, report to legislature.
Form.
Severability—2003 c 283.
Part headings not law—2003 c 283.
71.32.010 Legislative declaration—Findings. (1) The
legislature declares that an individual with capacity has the
ability to control decisions relating to his or her own mental
health care. The legislature finds that:
(a) Some mental illnesses cause individuals to fluctuate
between capacity and incapacity;
(b) During periods when an individual’s capacity is
unclear, the individual may be unable to access needed treatment because the individual may be unable to give informed
consent;
(c) Early treatment may prevent an individual from
becoming so ill that involuntary treatment is necessary; and
(d) Mentally ill individuals need some method of
expressing their instructions and preferences for treatment
and providing advance consent to or refusal of treatment.
The legislature recognizes that a mental health advance
directive can be an essential tool for an individual to express
his or her choices at a time when the effects of mental illness
have not deprived him or her of the power to express his or
her instructions or preferences.
(2) The legislature further finds that:
(a) A mental health advance directive must provide the
individual with a full range of choices;
(b) Mentally ill individuals have varying perspectives on
whether they want to be able to revoke a directive during
periods of incapacity;
(c) For a mental health advance directive to be an effective tool, individuals must be able to choose how they want
their directives treated during periods of incapacity; and
(d) There must be clear standards so that treatment providers can readily discern an individual’s treatment choices.
Consequently, the legislature affirms that, pursuant to
other provisions of law, a validly executed mental health
advance directive is to be respected by agents, guardians, and
other surrogate decision makers, health care providers, professional persons, and health care facilities. [2003 c 283 § 1.]
71.32.010
71.32.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Adult" means any individual who has attained the
age of majority or is an emancipated minor.
(2) "Agent" has the same meaning as an attorney-in-fact
or agent as provided in chapter 11.94 RCW.
(3) "Capacity" means that an adult has not been found to
be incapacitated pur suan t to this chapter or RCW
11.88.010(1)(e).
(4) "Court" means a superior court under chapter 2.08
RCW.
71.32.020
(2006 Ed.)
71.32.030
(5) "Health care facility" means a hospital, as defined in
RCW 70.41.020; an institution, as defined in RCW
71.12.455; a state hospital, as defined in RCW 72.23.010; a
nursing home, as defined in RCW 18.51.010; or a clinic that
is part of a community mental health service delivery system,
as defined in RCW 71.24.025.
(6) "Health care provider" means an osteopathic physician or osteopathic physician’s assistant licensed under chapter 18.57 or 18.57A RCW, a physician or physician’s assistant licensed under chapter 18.71 or 18.71A RCW, or an
advanced registered nurse practitioner licensed under RCW
18.79.050.
(7) "Incapacitated" means an adult who: (a) Is unable to
understand the nature, character, and anticipated results of
proposed treatment or alternatives; understand the recognized serious possible risks, complications, and anticipated
benefits in treatments and alternatives, including nontreatment; or communicate his or her understanding or treatment
decisions; or (b) has been found to be incompetent pursuant
to RCW 11.88.010(1)(e).
(8) "Informed consent" means consent that is given after
the person: (a) Is provided with a description of the nature,
character, and anticipated results of proposed treatments and
alternatives, and the recognized serious possible risks, complications, and anticipated benefits in the treatments and
alternatives, including nontreatment, in language that the person can reasonably be expected to understand; or (b) elects
not to be given the information included in (a) of this subsection.
(9) "Long-term care facility" has the same meaning as
defined in RCW 43.190.020.
(10) "Mental disorder" means any organic, mental, or
emotional impairment which has substantial adverse effects
on an individual’s cognitive or volitional functions.
(11) "Mental health advance directive" or "directive"
means a written document in which the principal makes a
declaration of instructions or preferences or appoints an agent
to make decisions on behalf of the principal regarding the
principal’s mental health treatment, or both, and that is consistent with the provisions of this chapter.
(12) "Mental health professional" means a psychiatrist,
psychologist, psychiatric nurse, or social worker, and such
other mental health professionals as may be defined by rules
adopted by the secretary pursuant to the provisions of chapter
71.05 RCW.
(13) "Principal" means an adult who has executed a mental health advance directive.
(14) "Professional person" means a mental health professional and shall also mean a physician, registered nurse, and
such others as may be defined by rules adopted by the secretary pursuant to the provisions of chapter 71.05 RCW. [2003
c 283 § 2.]
71.32.030
71.32.030 Construction of definitions. (1) The definition of informed consent is to be construed to be consistent
with that term as it is used in chapter 7.70 RCW.
(2) The definitions of mental disorder, mental health professional, and professional person are to be construed to be
consistent with those terms as they are defined in RCW
71.05.020. [2003 c 283 § 3.]
[Title 71 RCW—page 67]
71.32.040
Title 71 RCW: Mental Illness
71.32.040 Adult presumed to have capacity. For the
purposes of this chapter, an adult is presumed to have capacity. [2003 c 283 § 4.]
71.32.040
71.32.050 Execution of directive—Scope. (1) An
adult with capacity may execute a mental health advance
directive.
(2) A directive executed in accordance with this chapter
is presumed to be valid. The inability to honor one or more
provisions of a directive does not affect the validity of the
remaining provisions.
(3) A directive may include any provision relating to
mental health treatment or the care of the principal or the
principal’s personal affairs. Without limitation, a directive
may include:
(a) The principal’s preferences and instructions for mental health treatment;
(b) Consent to specific types of mental health treatment;
(c) Refusal to consent to specific types of mental health
treatment;
(d) Consent to admission to and retention in a facility for
mental health treatment for up to fourteen days;
(e) Descriptions of situations that may cause the principal to experience a mental health crisis;
(f) Suggested alternative responses that may supplement
or be in lieu of direct mental health treatment, such as treatment approaches from other providers;
(g) Appointment of an agent pursuant to chapter 11.94
RCW to make mental health treatment decisions on the principal’s behalf, including authorizing the agent to provide consent on the principal’s behalf to voluntary admission to inpatient mental health treatment; and
(h) The principal’s nomination of a guardian or limited
guardian as provided in RCW 11.94.010 for consideration by
the court if guardianship proceedings are commenced.
(4) A directive may be combined with or be independent
of a nomination of a guardian or other durable power of attorney under chapter 11.94 RCW, so long as the processes for
each are executed in accordance with its own statutes. [2003
c 283 § 5.]
71.32.050
71.32.060 Execution of directive—Elements—Effective date—Expiration. (1) A directive shall:
(a) Be in writing;
(b) Contain language that clearly indicates that the principal intends to create a directive;
(c) Be dated and signed by the principal or at the principal’s direction in the principal’s presence if the principal is
unable to sign;
(d) Designate whether the principal wishes to be able to
revoke the directive during any period of incapacity or
wishes to be unable to revoke the directive during any period
of incapacity; and
(e) Be witnessed in writing by at least two adults, each of
whom shall declare that he or she personally knows the principal, was present when the principal dated and signed the
directive, and that the principal did not appear to be incapacitated or acting under fraud, undue influence, or duress.
(2) A directive that includes the appointment of an agent
under chapter 11.94 RCW shall contain the words "This
power of attorney shall not be affected by the incapacity of
71.32.060
[Title 71 RCW—page 68]
the principal," or "This power of attorney shall become effective upon the incapacity of the principal," or similar words
showing the principal’s intent that the authority conferred
shall be exercisable notwithstanding the principal’s incapacity.
(3) A directive is valid upon execution, but all or part of
the directive may take effect at a later time as designated by
the principal in the directive.
(4) A directive may:
(a) Be revoked, in whole or in part, pursuant to the provisions of RCW 71.32.080; or
(b) Expire under its own terms. [2003 c 283 § 6.]
71.32.070
71.32.070 Prohibited elements. A directive may not:
(1) Create an entitlement to mental health or medical
treatment or supersede a determination of medical necessity;
(2) Obligate any health care provider, professional person, or health care facility to pay the costs associated with the
treatment requested;
(3) Obligate any health care provider, professional person, or health care facility to be responsible for the nontreatment personal care of the principal or the principal’s personal
affairs outside the scope of services the facility normally provides;
(4) Replace or supersede the provisions of any will or
testamentary document or supersede the provisions of intestate succession;
(5) Be revoked by an incapacitated principal unless that
principal selected the option to permit revocation while incapacitated at the time his or her directive was executed; or
(6) Be used as the authority for inpatient admission for
more than fourteen days in any twenty-one day period. [2003
c 283 § 7.]
71.32.080
71.32.080 Revocation—Waiver. (1)(a) A principal
with capacity may, by written statement by the principal or at
the principal’s direction in the principal’s presence, revoke a
directive in whole or in part.
(b) An incapacitated principal may revoke a directive
only if he or she elected at the time of executing the directive
to be able to revoke when incapacitated.
(2) The revocation need not follow any specific form so
long as it is written and the intent of the principal can be discerned. In the case of a directive that is stored in the health
care declarations registry created by RCW 70.122.130, the
revocation may be by an online method established by the
department of health. Failure to use the online method of
revocation for a directive that is stored in the registry does not
invalidate a revocation that is made by another method
described under this section.
(3) The principal shall provide a copy of his or her written statement of revocation to his or her agent, if any, and to
each health care provider, professional person, or health care
facility that received a copy of the directive from the principal.
(4) The written statement of revocation is effective:
(a) As to a health care provider, professional person, or
health care facility, upon receipt. The professional person,
health care provider, or health care facility, or persons acting
(2006 Ed.)
Mental Health Advance Directives
under their direction shall make the statement of revocation
part of the principal’s medical record; and
(b) As to the principal’s agent, upon receipt. The principal’s agent shall notify the principal’s health care provider,
professional person, or health care facility of the revocation
and provide them with a copy of the written statement of
revocation.
(5) A directive also may:
(a) Be revoked, in whole or in part, expressly or to the
extent of any inconsistency, by a subsequent directive; or
(b) Be superseded or revoked by a court order, including
any order entered in a criminal matter. A directive may be
superseded by a court order regardless of whether the order
contains an explicit reference to the directive. To the extent
a directive is not in conflict with a court order, the directive
remains effective, subject to the provisions of RCW
71.32.150. A directive shall not be interpreted in a manner
that interferes with: (i) Incarceration or detention by the
department of corrections, in a city or county jail, or by the
department of social and health services; or (ii) treatment of a
principal who is subject to involuntary treatment pursuant to
chapter 10.77, 70.96A, 71.05, 71.09, or 71.34 RCW.
(6) A directive that would have otherwise expired but is
effective because the principal is incapacitated remains effective until the principal is no longer incapacitated unless the
principal has elected to be able to revoke while incapacitated
and has revoked the directive.
(7) When a principal with capacity consents to treatment
that differs from, or refuses treatment consented to in, the
provisions of his or her directive, the consent or refusal constitutes a waiver of that provision and does not constitute a
revocation of the provision or directive unless the principal
also revokes the directive or provision. [2006 c 108 § 5; 2003
c 283 § 8.]
Finding—Intent—2006 c 108: See note following RCW 70.122.130.
71.32.090
71.32.090 Witnesses. A witness may not be any of the
following:
(1) A person designated to make health care decisions on
the principal’s behalf;
(2) A health care provider or professional person directly
involved with the provision of care to the principal at the time
the directive is executed;
(3) An owner, operator, employee, or relative of an
owner or operator of a health care facility or long-term care
facility in which the principal is a patient or resident;
(4) A person who is related by blood, marriage, or adoption to the person or with whom the principal has a dating
relationship, as defined in RCW 26.50.010;
(5) A person who is declared to be an incapacitated person; or
(6) A person who would benefit financially if the principal making the directive undergoes mental health treatment.
[2003 c 283 § 9.]
71.32.100
71.32.100 Appointment of agent. (1) If a directive
authorizes the appointment of an agent, the provisions of
chapter 11.94 RCW and RCW 7.70.065 shall apply unless
otherwise stated in this chapter.
(2006 Ed.)
71.32.110
(2) The principal who appoints an agent must notify the
agent in writing of the appointment.
(3) An agent must act in good faith.
(4) An agent may make decisions on behalf of the principal. Unless the principal has revoked the directive, the decisions must be consistent with the instructions and preferences
the principal has expressed in the directive, or if not
expressed, as otherwise known to the agent. If the principal’s
instructions or preferences are not known, the agent shall
make a decision he or she determines is in the best interest of
the principal.
(5) Except to the extent the right is limited by the
appointment or any federal or state law, the agent has the
same right as the principal to receive, review, and authorize
the use and disclosure of the principal’s health care information when the agent is acting on behalf of the principal and to
the extent required for the agent to carry out his or her duties.
This subsection shall be construed to be consistent with chapters 70.02, 70.24, 70.96A, 71.05, and 71.34 RCW, and with
federal law regarding health care information.
(6) Unless otherwise provided in the appointment and
agreed to in writing by the agent, the agent is not, as a result
of acting in the capacity of agent, personally liable for the
cost of treatment provided to the principal.
(7) An agent may resign or withdraw at any time by giving written notice to the principal. The agent must also give
written notice to any health care provider, professional person, or health care facility providing treatment to the principal. The resignation or withdrawal is effective upon receipt
unless otherwise specified in the resignation or withdrawal.
(8) If the directive gives the agent authority to act while
the principal has capacity, the decisions of the principal
supersede those of the agent at any time the principal has
capacity.
(9) Unless otherwise provided in the durable power of
attorney, the principal may revoke the agent’s appointment as
provided under other state law. [2003 c 283 § 10.]
71.32.110
71.32.110 Determination of capacity. (1) For the purposes of this chapter, a principal, agent, professional person,
or health care provider may seek a determination whether the
principal is incapacitated or has regained capacity.
(2)(a) For the purposes of this chapter, no adult may be
declared an incapacitated person except by:
(i) A court, if the request is made by the principal or the
principal’s agent;
(ii) One mental health professional and one health care
provider; or
(iii) Two health care providers.
(b) One of the persons making the determination under
(a)(ii) or (iii) of this subsection must be a psychiatrist, psychologist, or a psychiatric advanced registered nurse practitioner.
(3) When a professional person or health care provider
requests a capacity determination, he or she shall promptly
inform the principal that:
(a) A request for capacity determination has been made;
and
(b) The principal may request that the determination be
made by a court.
[Title 71 RCW—page 69]
71.32.120
Title 71 RCW: Mental Illness
(4) At least one mental health professional or health care
provider must personally examine the principal prior to making a capacity determination.
(5)(a) When a court makes a determination whether a
principal has capacity, the court shall, at a minimum, be
informed by the testimony of one mental health professional
familiar with the principal and shall, except for good cause,
give the principal an opportunity to appear in court prior to
the court making its determination.
(b) To the extent that local court rules permit, any party
or witness may testify telephonically.
(6) When a court has made a determination regarding a
principal’s capacity and there is a subsequent change in the
principal’s condition, subsequent determinations whether the
principal is incapacitated may be made in accordance with
any of the provisions of subsection (2) of this section. [2003
c 283 § 11.]
(b) When a principal who does not have an agent for
mental health treatment decisions is being treated in an inpatient facility and requests a determination or redetermination
of capacity, the mental health professional or health care provider must complete the determination or, if the principal is
seeking a determination from a court, must make reasonable
efforts to notify the person authorized to make decisions for
the principal under RCW 7.70.065 of the principal’s request.
(c) When a principal who does not have an agent for
mental health treatment decisions is being treated on an outpatient basis, the person requesting a capacity determination
must arrange for the determination.
(4) If no determination has been made within the time
frames established in subsection (1) or (2) of this section, the
principal shall be considered to have capacity.
(5) When an incapacitated principal is being treated pursuant to his or her directive, a request for a redetermination of
capacity does not prevent treatment. [2003 c 283 § 13.]
71.32.120
71.32.120 Action to contest directive. A principal may
bring an action to contest the validity of his or her directive.
If an action under this section is commenced while an action
to determine the principal’s capacity is pending, the court
shall consolidate the actions and decide the issues simultaneously. [2003 c 283 § 12.]
71.32.130
71.32.130 Determination of capacity—Reevaluations
of capacity. (1) An initial determination of capacity must be
completed within forty-eight hours of a request made by a
person authorized in RCW 71.32.110. During the period
between the request for an initial determination of the principal’s capacity and completion of that determination, the principal may not be treated unless he or she consents at the time
or treatment is otherwise authorized by state or federal law.
(2)(a)(i) When an incapacitated principal is admitted to
inpatient treatment pursuant to the provisions of his or her
directive, his or her capacity must be reevaluated within seventy-two hours or when there has been a change in the principal’s condition that indicates that he or she appears to have
regained capacity, whichever occurs first.
(ii) When an incapacitated principal has been admitted to
and remains in inpatient treatment for more than seventy-two
hours pursuant to the provisions of his or her directive, the
principal’s capacity must be reevaluated when there has been
a change in his or her condition that indicates that he or she
appears to have regained capacity.
(iii) When a principal who is being treated on an inpatient basis and has been determined to be incapacitated
requests, or his or her agent requests, a redetermination of the
principal’s capacity the redetermination must be made within
seventy-two hours.
(b) When a principal who has been determined to be
incapacitated is being treated on an outpatient basis and there
is a request for a redetermination of his or her capacity, the
redetermination must be made within five days of the first
request following a determination.
(3)(a) When a principal who has appointed an agent for
mental health treatment decisions requests a determination or
redetermination of capacity, the agent must make reasonable
efforts to obtain the determination or redetermination.
[Title 71 RCW—page 70]
71.32.140 Refusal of admission to inpatient treatment—Effect of directive. (1) A principal who:
(a) Chose not to be able to revoke his or her directive
during any period of incapacity;
(b) Consented to voluntary admission to inpatient mental
health treatment, or authorized an agent to consent on the
principal’s behalf; and
(c) At the time of admission to inpatient treatment,
refuses to be admitted,
may only be admitted into inpatient mental health treatment
under subsection (2) of this section.
(2) A principal may only be admitted to inpatient mental
health treatment under his or her directive if, prior to admission, a physician member of the treating facility’s professional staff:
(a) Evaluates the principal’s mental condition, including
a review of reasonably available psychiatric and psychological history, diagnosis, and treatment needs, and determines,
in conjunction with another health care provider or mental
health professional, that the principal is incapacitated;
(b) Obtains the informed consent of the agent, if any,
designated in the directive;
(c) Makes a written determination that the principal
needs an inpatient evaluation or is in need of inpatient treatment and that the evaluation or treatment cannot be accomplished in a less restrictive setting; and
(d) Documents in the principal’s medical record a summary of the physician’s findings and recommendations for
treatment or evaluation.
(3) In the event the admitting physician is not a psychiatrist, the principal shall receive a complete psychological
assessment by a mental health professional within twentyfour hours of admission to determine the continued need for
inpatient evaluation or treatment.
(4)(a) If it is determined that the principal has capacity,
then the principal may only be admitted to, or remain in,
inpatient treatment if he or she consents at the time or is
detained under the involuntary treatment provisions of chapter 70.96A, 71.05, or 71.34 RCW.
(b) If a principal who is determined by two health care
providers or one mental health professional and one health
care provider to be incapacitated continues to refuse inpatient
71.32.140
(2006 Ed.)
Mental Health Advance Directives
treatment, the principal may immediately seek injunctive
relief for release from the facility.
(5) If, at the end of the period of time that the principal or
the principal’s agent, if any, has consented to voluntary inpatient treatment, but no more than fourteen days after admission, the principal has not regained capacity or has regained
capacity but refuses to consent to remain for additional treatment, the principal must be released during reasonable daylight hours, unless detained under chapter 70.96A, 71.05, or
71.34 RCW.
(6)(a) Except as provided in (b) of this subsection, any
principal who is voluntarily admitted to inpatient mental
health treatment under this chapter shall have all the rights
provided to individuals who are voluntarily admitted to inpatient treatment under chapter 71.05, 71.34, or 72.23 RCW.
(b) Notwithstanding RCW 71.05.050 regarding consent
to inpatient treatment for a specified length of time, the
choices an incapacitated principal expressed in his or her
directive shall control, provided, however, that a principal
who takes action demonstrating a desire to be discharged, in
addition to making statements requesting to be discharged,
shall be discharged, and no principal shall be restrained in
any way in order to prevent his or her discharge. Nothing in
this subsection shall be construed to prevent detention and
evaluation for civil commitment under chapter 71.05 RCW.
(7) Consent to inpatient admission in a directive is effective only while the professional person, health care provider,
and health care facility are in substantial compliance with the
material provisions of the directive related to inpatient treatment. [2004 c 39 § 2; 2003 c 283 § 14.]
Finding—Intent—2004 c 39: "Questions have been raised about the
intent of the legislature in cross-referencing RCW 71.05.050 without further
clarification in RCW 71.32.140. The legislature finds that because RCW
71.05.050 pertains to a variety of rights as well as the procedures for detaining a voluntary patient for evaluation for civil commitment, and the legislature intended only to address the right of release upon request, there is ambiguity as to whether an incapacitated person admitted pursuant to his or her
mental health advance directive and seeking release can be held for evaluation for civil commitment under chapter 71.05 RCW. The legislature therefore intends to clarify the ambiguity without making any change to its
intended policy as laid out in chapter 71.32 RCW." [2004 c 39 § 1.]
71.32.150
71.32.150 Compliance with directive—Conditions
for noncompliance. (1) Upon receiving a directive, a health
care provider, professional person, or health care facility providing treatment to the principal, or persons acting under the
direction of the health care provider, professional person, or
health care facility, shall make the directive a part of the principal’s medical record and shall be deemed to have actual
knowledge of the directive’s contents.
(2) When acting under authority of a directive, a health
care provider, professional person, or health care facility
shall act in accordance with the provisions of the directive to
the fullest extent possible, unless in the determination of the
health care provider, professional person, or health care facility:
(a) Compliance with the provision would violate the
accepted standard of care established in RCW 7.70.040;
(b) The requested treatment is not available;
(c) Compliance with the provision would violate applicable law; or
(2006 Ed.)
71.32.160
(d) It is an emergency situation and compliance would
endanger any person’s life or health.
(3)(a) In the case of a principal committed or detained
under the involuntary treatment provisions of chapter 10.77,
70.96A, 71.05, 71.09, or 71.34 RCW, those provisions of a
principal’s directive that, in the determination of the health
care provider, professional person, or health care facility, are
inconsistent with the purpose of the commitment or with any
order of the court relating to the commitment are invalid during the commitment.
(b) Remaining provisions of a principal’s directive are
advisory while the principal is committed or detained.
The treatment provider is encouraged to follow the
remaining provisions of the directive, except as provided in
(a) of this subsection or subsection (2) of this section.
(4) In the case of a principal who is incarcerated or committed in a state or local correctional facility, provisions of
the principal’s directive that are inconsistent with reasonable
penological objectives or administrative hearings regarding
involuntary medication are invalid during the period of incarceration or commitment. In addition, treatment may be given
despite refusal of the principal or the provisions of the directive: (a) For any reason under subsection (2) of this section;
or (b) if, without the benefit of the specific treatment measure, there is a significant possibility that the person will
harm self or others before an improvement of the person’s
condition occurs.
(5)(a) If the health care provider, professional person, or
health care facility is, at the time of receiving the directive,
unable or unwilling to comply with any part or parts of the
directive for any reason, the health care provider, professional person, or health care facility shall promptly notify the
principal and, if applicable, his or her agent and shall document the reason in the principal’s medical record.
(b) If the health care provider, professional person, or
health care facility is acting under authority of a directive and
is unable to comply with any part or parts of the directive for
the reasons listed in subsection (2) or (3) of this section, the
health care provider, professional person, or health care facility shall promptly notify the principal and if applicable, his or
her agent, and shall document the reason in the principal’s
medical record.
(6) In the event that one or more parts of the directive are
not followed because of one or more of the reasons set forth
in subsection (2) or (4) of this section, all other parts of the
directive shall be followed.
(7) If no provider-patient relationship has previously
been established, nothing in this chapter requires the establishment of a provider-patient relationship. [2003 c 283 §
15.]
71.32.160
71.32.160 Electroconvulsive therapy. Where a principal consents in a directive to electroconvulsive therapy, the
health care provider, professional person, or health care facility, or persons acting under the direction of the health care
provider, professional person, or health care facility, shall
document the therapy and the reason it was used in the principal’s medical record. [2003 c 283 § 16.]
[Title 71 RCW—page 71]
71.32.170
Title 71 RCW: Mental Illness
71.32.170 Providers—Immunity from liability—
Conditions. (1) For the purposes of this section, "provider"
means a private or public agency, government entity, health
care provider, professional person, health care facility, or person acting under the direction of a health care provider or
professional person, health care facility, or long-term care
facility.
(2) A provider is not subject to civil liability or sanctions
for unprofessional conduct under the uniform disciplinary
act, chapter 18.130 RCW, when in good faith and without
negligence:
(a) The provider provides treatment to a principal in the
absence of actual knowledge of the existence of a directive,
or provides treatment pursuant to a directive in the absence of
actual knowledge of the revocation of the directive;
(b) A health care provider or mental health professional
determines that the principal is or is not incapacitated for the
purpose of deciding whether to proceed according to a directive, and acts upon that determination;
(c) The provider administers or does not administer mental health treatment according to the principal’s directive in
good faith reliance upon the validity of the directive and the
directive is subsequently found to be invalid;
(d) The provider does not provide treatment according to
the directive for one of the reasons authorized under RCW
71.32.150; or
(e) The provider provides treatment according to the
principal’s directive. [2003 c 283 § 17.]
71.32.170
71.32.180 Multiple directives, agents—Effect—Disclosure of court orders. (1) Where an incapacitated principal has executed more than one valid directive and has not
revoked any of the directives:
(a) The directive most recently created shall be treated as
the principal’s mental health treatment preferences and
instructions as to any inconsistent or conflicting provisions,
unless provided otherwise in either document.
(b) Where a directive executed under this chapter is
inconsistent with a directive executed under any other chapter, the most recently created directive controls as to the
inconsistent provisions.
(2) Where an incapacitated principal has appointed more
than one agent under chapter ll.94 RCW with authority to
make mental health treatment decisions, RCW 11.94.010
controls.
(3) The treatment provider shall inquire of a principal
whether the principal is subject to any court orders that would
affect the implementation of his or her directive. [2003 c 283
§ 18.]
71.32.180
71.32.190 Preexisting, foreign directives—Validity.
(1) Directives validly executed before July 27, 2003, shall be
given full force and effect until revoked, superseded, or
expired.
(2) A directive validly executed in another political jurisdiction is valid to the extent permitted by Washington state
law. [2003 c 283 § 19.]
71.32.190
71.32.200 Fraud, duress, undue influence—Appointment of guardian. Any person with reasonable cause to
believe that a directive has been created or revoked under cir71.32.200
[Title 71 RCW—page 72]
cumstances amounting to fraud, duress, or undue influence
may petition the court for appointment of a guardian for the
person or to review the actions of the agent or person alleged
to be involved in improper conduct under RCW 11.94.090 or
74.34.110. [2003 c 283 § 20.]
71.32.210
71.32.210 Execution of directive not evidence of mental disorder or lack of capacity. The fact that a person has
executed a directive does not constitute an indication of mental disorder or that the person is not capable of providing
informed consent. [2003 c 283 § 21.]
71.32.220
71.32.220 Requiring directive prohibited. A person
shall not be required to execute or to refrain from executing a
directive, nor shall the existence of a directive be used as a
criterion for insurance, as a condition for receiving mental or
physical health services, or as a condition of admission to or
discharge from a health care facility or long-term care facility. [2003 c 283 § 22.]
71.32.230
71.32.230 Coercion, threats prohibited. No person or
health care facility may use or threaten abuse, neglect, financial exploitation, or abandonment of the principal, as those
terms are defined in RCW 74.34.020, to carry out the directive. [2003 c 283 § 23.]
71.32.240
71.32.240 Other authority not limited. A directive
does not limit any authority otherwise provided in Title 10,
70, or 71 RCW, or any other applicable state or federal laws
to detain a person, take a person into custody, or to admit,
retain, or treat a person in a health care facility. [2003 c 283
§ 24.]
71.32.250
71.32.250 Long-term care facility residents—Readmission after inpatient mental health treatment—Evaluation, report to legislature. (1) If a principal who is a resident of a long-term care facility is admitted to inpatient mental health treatment pursuant to his or her directive, the
principal shall be allowed to be readmitted to the same longterm care facility as if his or her inpatient admission had been
for a physical condition on the same basis that the principal
would be readmitted under state or federal statute or rule
when:
(a) The treating facility’s professional staff determine
that inpatient mental health treatment is no longer medically
necessary for the resident. The determination shall be made
in writing by a psychiatrist or by a mental health professional
and a physician; or
(b) The person’s consent to admission in his or her directive has expired.
(2)(a) If the long-term care facility does not have a bed
available at the time of discharge, the treating facility may
discharge the resident, in consultation with the resident and
agent if any, and in accordance with a medically appropriate
discharge plan, to another long-term care facility.
(b) This section shall apply to inpatient mental health
treatment admission of long-term care facility residents,
regardless of whether the admission is directly from a facility, hospital emergency room, or other location.
(2006 Ed.)
Mental Health Advance Directives
(c) This section does not restrict the right of the resident
to an earlier release from the inpatient treatment facility.
This section does not restrict the right of a long-term care
facility to initiate transfer or discharge of a resident who is
readmitted pursuant to this section, provided that the facility
has complied with the laws governing the transfer or discharge of a resident.
71.32.260
(3) The joint legislative audit and review committee shall
conduct an evaluation of the operation and impact of this section. The committee shall report its findings to the appropriate committees of the legislature by December 1, 2004.
[2003 c 283 § 25.]
71.32.260 Form. The directive shall be in substantially
the following form:
71.32.260
Mental Health Advance Directive
NOTICE TO PERSONS
CREATING A MENTAL HEALTH ADVANCE DIRECTIVE
This is an important legal document. It creates an advance directive for mental health treatment. Before signing this document
you should know these important facts:
(1) This document is called an advance directive and allows you to make decisions in advance about your mental health treatment, including medications, short-term admission to inpatient treatment and electroconvulsive therapy.
YOU DO NOT HAVE TO FILL OUT OR SIGN THIS FORM.
IF YOU DO NOT SIGN THIS FORM, IT WILL NOT TAKE EFFECT.
If you choose to complete and sign this document, you may still decide to leave some items blank.
(2) You have the right to appoint a person as your agent to make treatment decisions for you. You must notify your agent that
you have appointed him or her as an agent. The person you appoint has a duty to act consistently with your wishes made
known by you. If your agent does not know what your wishes are, he or she has a duty to act in your best interest. Your
agent has the right to withdraw from the appointment at any time.
(3) The instructions you include with this advance directive and the authority you give your agent to act will only become
effective under the conditions you select in this document. You may choose to limit this directive and your agent’s authority to times when you are incapacitated or to times when you are exhibiting symptoms or behavior that you specify. You
may also make this directive effective immediately. No matter when you choose to make this directive effective, your
treatment providers must still seek your informed consent at all times that you have capacity to give informed consent.
(4) You have the right to revoke this document in writing at any time you have capacity.
YOU MAY NOT REVOKE THIS DIRECTIVE WHEN YOU HAVE BEEN FOUND TO BE
INCAPACITATED UNLESS YOU HAVE SPECIFICALLY STATED IN THIS DIRECTIVE THAT
YOU WANT IT TO BE REVOCABLE WHEN YOU ARE INCAPACITATED.
(5) This directive will stay in effect until you revoke it unless you specify an expiration date. If you specify an expiration date
and you are incapacitated at the time it expires, it will remain in effect until you have capacity to make treatment decisions
again unless you chose to be able to revoke it while you are incapacitated and you revoke the directive.
(6) You cannot use your advance directive to consent to civil commitment. The procedures that apply to your advance directive are different than those provided for in the Involuntary Treatment Act. Involuntary treatment is a different process.
(7) If there is anything in this directive that you do not understand, you should ask a lawyer to explain it to you.
(8) You should be aware that there are some circumstances where your provider may not have to follow your directive.
(9) You should discuss any treatment decisions in your directive with your provider.
(10) You may ask the court to rule on the validity of your directive.
PART I.
STATEMENT OF INTENT TO CREATE A
MENTAL HEALTH ADVANCE DIRECTIVE
I, . . . . . . . . . . being a person with capacity, willfully and voluntarily execute this mental health advance directive so that
my choices regarding my mental health care will be carried out in circumstances when I am unable to express my instructions
and preferences regarding my mental health care. If a guardian is appointed by a court to make mental health decisions for me,
I intend this document to take precedence over all other means of ascertaining my intent.
The fact that I may have left blanks in this directive does not affect its validity in any way. I intend that all completed sections be followed. If I have not expressed a choice, my agent should make the decision that he or she determines is in my best
interest. I intend this directive to take precedence over any other directives I have previously executed, to the extent that they
are inconsistent with this document, or unless I expressly state otherwise in either document.
I understand that I may revoke this directive in whole or in part if I am a person with capacity. I understand that I cannot
revoke this directive if a court, two health care providers, or one mental health professional and one health care provider find
that I am an incapacitated person, unless, when I executed this directive, I chose to be able to revoke this directive while incapacitated.
(2006 Ed.)
[Title 71 RCW—page 73]
71.32.260
Title 71 RCW: Mental Illness
I understand that, except as otherwise provided in law, revocation must be in writing. I understand that nothing in this
directive, or in my refusal of treatment to which I consent in this directive, authorizes any health care provider, professional
person, health care facility, or agent appointed in this directive to use or threaten to use abuse, neglect, financial exploitation,
or abandonment to carry out my directive.
I understand that there are some circumstances where my provider may not have to follow my directive.
PART II.
WHEN THIS DIRECTIVE IS EFFECTIVE
YOU MUST COMPLETE THIS PART FOR YOUR DIRECTIVE TO BE VALID.
I intend that this directive become effective (YOU MUST CHOOSE ONLY ONE):
. . . . . . Immediately upon my signing of this directive.
. . . . . . If I become incapacitated.
. . . . . . When the following circumstances, symptoms, or behaviors occur: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
..........................................................................................
PART III.
DURATION OF THIS DIRECTIVE
YOU MUST COMPLETE THIS PART FOR YOUR DIRECTIVE TO BE VALID.
I want this directive to (YOU MUST CHOOSE ONLY ONE):
. . . . . . Remain valid and in effect for an indefinite period of time.
. . . . . . Automatically expire . . . . . . years from the date it was created.
PART IV.
WHEN I MAY REVOKE THIS DIRECTIVE
YOU MUST COMPLETE THIS PART FOR THIS DIRECTIVE TO BE VALID.
I intend that I be able to revoke this directive (YOU MUST CHOOSE ONLY ONE):
. . . . . . Only when I have capacity.
I understand that choosing this option means I may only revoke this directive if I have capacity. I further understand that
if I choose this option and become incapacitated while this directive is in effect, I may receive treatment that I specify
in this directive, even if I object at the time.
. . . . . . Even if I am incapacitated.
I understand that choosing this option means that I may revoke this directive even if I am incapacitated. I further understand that if I choose this option and revoke this directive while I am incapacitated I may not receive treatment that I
specify in this directive, even if I want the treatment.
PART V.
PREFERENCES AND INSTRUCTIONS ABOUT TREATMENT, FACILITIES, AND PHYSICIANS
A. Preferences and Instructions About Physician(s) to be Involved in My Treatment
I would like the physician(s) named below to be involved in my treatment decisions:
Dr. . . . . . . . . . . . . . . . . Contact information:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dr. . . . . . . . . . . . . . . . . Contact information:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I do not wish to be treated by Dr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Preferences and Instructions About Other Providers
I am receiving other treatment or care from providers who I feel have an impact on my mental health care. I would like the
following treatment provider(s) to be contacted when this directive is effective:
Name . . . . . . . . . . . . . . . . . . . . Profession . . . . . . . . . . . . . . . . . . . . Contact information. . . . . . . . . . . . . . . . . . . .
Name . . . . . . . . . . . . . . . . . . . . Profession . . . . . . . . . . . . . . . . . . . . Contact information. . . . . . . . . . . . . . . . . . . .
C. Preferences and Instructions About Medications for Psychiatric Treatment (initial and complete all that apply)
. . . . . . I consent, and authorize my agent (if appointed) to consent, to the following
medications: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . I do not consent, and I do not authorize my agent (if appointed) to consent, to the administration of the following medications:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . I am willing to take the medications excluded above if my only reason for excluding them is the side effects which
include. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and these side effects can be eliminated by dosage adjustment or other means
[Title 71 RCW—page 74]
(2006 Ed.)
Mental Health Advance Directives
71.32.260
. . . . . . I am willing to try any other medication the hospital doctor recommends
. . . . . . I am willing to try any other medications my outpatient doctor recommends
. . . . . . I do not want to try any other medications.
Medication Allergies
I have allergies to, or severe side effects from, the following: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
Other Medication Preferences or Instructions
. . . . . . I have the following other preferences or instructions about medications . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
D. Preferences and Instructions About Hospitalization and Alternatives
(initial all that apply and, if desired, rank "1" for first choice, "2" for second choice, and so on)
. . . . . . In the event my psychiatric condition is serious enough to require 24-hour care and I have no physical conditions that
require immediate access to emergency medical care, I prefer to receive this care in programs/facilities designed as alternatives
to psychiatric hospitalizations.
. . . . . . I would also like the interventions below to be tried before hospitalization is considered:
. . . . . . Calling someone or having someone call me when needed.
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Staying overnight with someone
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Having a mental health service provider come to see me
. . . . . . Going to a crisis triage center or emergency room
. . . . . . Staying overnight at a crisis respite (temporary) bed
. . . . . . Seeing a service provider for help with psychiatric medications
. . . . . . Other, specify: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Authority to Consent to Inpatient Treatment
I consent, and authorize my agent (if appointed) to consent, to voluntary admission to inpatient mental health treatment for . .
. . . . days (not to exceed 14 days)
(Sign one):
. . . . . . If deemed appropriate by my agent (if appointed) and treating physician
..................................
(Signature)
or
. . . . . . Under the following circumstances (specify symptoms, behaviors, or circumstances that indicate the need for hospitalization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..................................
(Signature)
. . . . . . I do not consent, or authorize my agent (if appointed) to consent, to inpatient treatment
..................................
(Signature)
Hospital Preferences and Instructions
If hospitalization is required, I prefer the following hospitals: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I do not consent to be admitted to the following hospitals: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E. Preferences and Instructions About Preemergency
I would like the interventions below to be tried before use of seclusion or restraint is considered
(initial all that apply):
. . . . . . "Talk me down" one-on-one
. . . . . . More medication
. . . . . . Time out/privacy
. . . . . . Show of authority/force
. . . . . . Shift my attention to something else
. . . . . . Set firm limits on my behavior
(2006 Ed.)
[Title 71 RCW—page 75]
71.32.260
Title 71 RCW: Mental Illness
. . . . . . Help me to discuss/vent feelings
. . . . . . Decrease stimulation
. . . . . . Offer to have neutral person settle dispute
. . . . . . Other, specify . . . . . . . . . . . . . . . . . . .
F. Preferences and Instructions About Seclusion, Restraint, and Emergency Medications
If it is determined that I am engaging in behavior that requires seclusion, physical restraint, and/or emergency use of medication, I prefer these interventions in the order I have chosen (choose "1" for first choice, "2" for second choice, and so on):
. . . . . . Seclusion
. . . . . . Seclusion and physical restraint (combined)
. . . . . . Medication by injection
. . . . . . Medication in pill or liquid form
In the event that my attending physician decides to use medication in response to an emergency situation after due consideration of my preferences and instructions for emergency treatments stated above, I expect the choice of medication to reflect
any preferences and instructions I have expressed in Part III C of this form. The preferences and instructions I express in this
section regarding medication in emergency situations do not constitute consent to use of the medication for nonemergency
treatment.
G. Preferences and Instructions About Electroconvulsive Therapy
(ECT or Shock Therapy)
My wishes regarding electroconvulsive therapy are (sign one):
. . . . . . I do not consent, nor authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy
..................................
(Signature)
. . . . . . I consent, and authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy
..................................
(Signature)
. . . . . . I consent, and authorize my agent (if appointed) to consent, to the administration of electroconvulsive therapy, but only
under the following conditions: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
..................................
(Signature)
H. Preferences and Instructions About Who is Permitted to Visit
If I have been admitted to a mental health treatment facility, the following people are not permitted to visit me there:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I understand that persons not listed above may be permitted to visit me.
I. Additional Instructions About My Mental Health Care
Other instructions about my mental health care: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
In case of emergency, please contact:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Work telephone: . . . . . . . . . . . . . . . . . . . . . . .
Home telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Physician: . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following may help me to avoid a hospitalization: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
I generally react to being hospitalized as follows: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
[Title 71 RCW—page 76]
(2006 Ed.)
Mental Health Advance Directives
71.32.260
Staff of the hospital or crisis unit can help me by doing the following: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
..........................................................................................
J. Refusal of Treatment
I do not consent to any mental health treatment.
..................................
(Signature)
PART VI.
DURABLE POWER OF ATTORNEY (APPOINTMENT OF MY AGENT)
(Fill out this part only if you wish to appoint an agent or nominate a guardian.)
I authorize an agent to make mental health treatment decisions on my behalf. The authority granted to my agent includes
the right to consent, refuse consent, or withdraw consent to any mental health care, treatment, service, or procedure, consistent
with any instructions and/or limitations I have set forth in this directive. I intend that those decisions should be made in accordance with my expressed wishes as set forth in this document. If I have not expressed a choice in this document and my agent
does not otherwise know my wishes, I authorize my agent to make the decision that my agent determines is in my best interest. This agency shall not be affected by my incapacity. Unless I state otherwise in this durable power of attorney, I may
revoke it unless prohibited by other state law.
A. Designation of an Agent
I appoint the following person as my agent to make mental health treatment decisions for me as authorized in this document and request that this person be notified immediately when this directive becomes effective:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Work telephone: . . . . . . . . . . . . . . . . . . . . . . .
Home telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relationship: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Designation of Alternate Agent
If the person named above is unavailable, unable, or refuses to serve as my agent, or I revoke that person’s authority to serve
as my agent, I hereby appoint the following person as my alternate agent and request that this person be notified immediately
when this directive becomes effective or when my original agent is no longer my agent:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Work telephone: . . . . . . . . . . . . . . . . . . . . . . .
Home telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relationship: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. When My Spouse is My Agent (initial if desired)
. . . . . . If my spouse is my agent, that person shall remain my agent even if we become legally separated or our marriage is
dissolved, unless there is a court order to the contrary or I have remarried.
D. Limitations on My Agent’s Authority
I do not grant my agent the authority to consent on my behalf to the following:
..........................................................................................
..........................................................................................
E. Limitations on My Ability to Revoke this Durable Power of Attorney
I choose to limit my ability to revoke this durable power of attorney as follows:
..........................................................................................
..........................................................................................
F. Preference as to Court-Appointed Guardian
In the event a court appoints a guardian who will make decisions regarding my mental health treatment, I nominate the following person as my guardian:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Work telephone: . . . . . . . . . . . . . . . . . . . . . . .
Home telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relationship: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The appointment of a guardian of my estate or my person or any other decision maker shall not give the guardian or decision
maker the power to revoke, suspend, or terminate this directive or the powers of my agent, except as authorized by law.
..................................
(Signature required if nomination is made)
(2006 Ed.)
[Title 71 RCW—page 77]
71.32.260
Title 71 RCW: Mental Illness
PART VII.
OTHER DOCUMENTS
(Initial all that apply)
I have executed the following documents that include the power to make decisions regarding health care services for myself:
. . . . . . Health care power of attorney (chapter 11.94 RCW)
. . . . . . "Living will" (Health care directive; chapter 70.122 RCW)
. . . . . . I have appointed more than one agent. I understand that the most recently appointed agent controls except as stated
below:
..........................................................................................
PART VIII.
NOTIFICATION OF OTHERS AND CARE OF PERSONAL AFFAIRS
(Fill out this part only if you wish to provide nontreatment instructions.)
I understand the preferences and instructions in this part are NOT the responsibility of my treatment provider and that no treatment provider is required to act on them.
A. Who Should Be Notified
I desire my agent to notify the following individuals as soon as possible when this directive becomes effective:
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Day telephone: . . . . . . . . . . . . . . . . . . . . . . . .
Evening telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Day telephone: . . . . . . . . . . . . . . . . . . . . . . . .
Evening telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Preferences or Instructions About Personal Affairs
I have the following preferences or instructions about my personal affairs (e.g., care of dependents, pets, household) if I am
admitted to a mental health treatment facility:
..........................................................................................
..........................................................................................
C. Additional Preferences and Instructions:
..........................................................................................
..........................................................................................
..........................................................................................
..........................................................................................
PART IX.
SIGNATURE
By signing here, I indicate that I understand the purpose and effect of this document and that I am giving my informed
consent to the treatments and/or admission to which I have consented or authorized my agent to consent in this directive. I
intend that my consent in this directive be construed as being consistent with the elements of informed consent under chapter
7.70 RCW.
Signature: . . . . . . . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Printed Name: . . . . . . . . . . . . . . . . . . . . .
This directive was signed and declared by the "Principal," to be his or her directive, in our presence who, at his or her request,
have signed our names below as witnesses. We declare that, at the time of the creation of this instrument, the Principal is personally known to us, and, according to our best knowledge and belief, has capacity at this time and does not appear to be acting
under duress, undue influence, or fraud. We further declare that none of us is:
(A) A person designated to make medical decisions on the principal’s behalf;
(B) A health care provider or professional person directly involved with the provision of care to the principal at the time
the directive is executed;
(C) An owner, operator, employee, or relative of an owner or operator of a health care facility or long-term care facility in
which the principal is a patient or resident;
(D) A person who is related by blood, marriage, or adoption to the person, or with whom the principal has a dating relationship as defined in RCW 26.50.010;
(E) An incapacitated person;
(F) A person who would benefit financially if the principal undergoes mental health treatment; or
[Title 71 RCW—page 78]
(2006 Ed.)
Mental Health Services for Minors
(G) A minor.
Witness 1: Signature: . . . . . . . . . . . . . . . . . . .
Printed Name: . . . . . . . . . . . . . . . . . . . . .
Telephone: . . . . . . . . . . . . . . . . . . . .
Witness 2: Signature: . . . . . . . . . . . . . . . . . . .
Printed Name: . . . . . . . . . . . . . . . . . . . . .
Telephone: . . . . . . . . . . . . . . . . . . . .
Chapter 71.34
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART X.
RECORD OF DIRECTIVE
I have given a copy of this directive to the following persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
DO NOT FILL OUT PART XI UNLESS YOU INTEND TO REVOKE
THIS DIRECTIVE IN PART OR IN WHOLE
PART XI.
REVOCATION OF THIS DIRECTIVE
(Initial any that apply):
. . . . . . I am revoking the following part(s) of this directive (specify): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................................................................
. . . . . . I am revoking all of this directive.
By signing here, I indicate that I understand the purpose and effect of my revocation and that no person is bound by any
revoked provision(s). I intend this revocation to be interpreted as if I had never completed the revoked provision(s).
Signature: . . . . . . . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Printed Name: . . . . . . . . . . . . . . . . . . . . .
DO NOT SIGN THIS PART UNLESS YOU INTEND TO REVOKE THIS
DIRECTIVE IN PART OR IN WHOLE
71.34.345
[2003 c 283 § 26.]
71.34.350
71.32.900 Severability—2003 c 283. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2003 c 283 § 35.]
71.32.900
71.32.901 Part headings not law—2003 c 283. Part
headings used in this act are not any part of the law. [2003 c
283 § 38.]
71.32.901
Chapter 71.34 RCW
MENTAL HEALTH SERVICES FOR MINORS
71.34.355
71.34.360
71.34.365
71.34.370
71.34.375
71.34.380
71.34.385
71.34.390
71.34.395
71.34.400
Chapter 71.34
71.34.405
71.34.410
Sections
71.34.010
71.34.020
MINOR-INITIATED TREATMENT
Purpose—Parental participation in treatment decisions—
Parental control of minor children during treatment.
Definitions.
GENERAL
71.34.300
71.34.305
71.34.310
71.34.315
71.34.320
71.34.325
71.34.330
71.34.335
71.34.340
(2006 Ed.)
Mental health services information—Release to department of
corrections—Rules.
Disclosure of information or records—Required entries in
minor’s clinical record.
Rights of minors undergoing treatment—Posting.
No detention of minors after eighteenth birthday—Exceptions.
Release of minor—Requirements.
Antipsychotic medication and shock treatment.
Parent-initiated treatment—Notice to parents of available
treatment options.
Department to adopt rules to effectuate chapter.
Uniform application of chapter—Training for county-designated mental health professionals.
Redirection of Title XIX funds to fund placements within the
state.
Availability of treatment does not create right to obtain public
funds.
Eligibility for medical assistance under chapter 74.09 RCW—
Payment by department.
Liability for costs of minor’s treatment and care—Rules.
Liability for performance of duties under this chapter limited.
Responsibility of counties for evaluation and treatment services for minors.
Notice to parents, school contacts for referring students to
inpatient treatment.
Jurisdiction over proceedings under chapter—Venue.
Mental health commissioners—Authority.
Transfer of superior court proceedings to juvenile department.
Court proceedings under chapter subject to rules of state
supreme court.
Attorneys appointed for minors—Compensation.
Court records and files confidential—Availability.
Information concerning treatment of minors confidential—
Disclosure—Admissible as evidence with written consent.
71.34.500
71.34.510
71.34.520
71.34.530
Minor thirteen or older may be admitted for inpatient mental
treatment without parental consent—Professional person in
charge must concur—Written renewal of consent required.
Notice to parents when minor admitted to inpatient treatment
without parental consent.
Minor voluntarily admitted may give notice to leave at any
time.
Age of consent—Outpatient treatment of minors.
PARENT-INITIATED TREATMENT
71.34.600
71.34.610
Parent may request determination whether minor has mental
disorder requiring inpatient treatment—Minor consent not
required—Duties and obligations of professional person and
facility.
Review of admission and inpatient treatment of minors—
Determination of medical necessity—Department review—
Minor declines necessary treatment—At-risk youth petition—Costs—Public funds.
[Title 71 RCW—page 79]
71.34.010
71.34.620
71.34.630
71.34.640
71.34.650
71.34.660
Title 71 RCW: Mental Illness
Minor may petition court for release from facility.
Minor not released by petition under RCW 71.34.620—
Release within thirty days—Professional may initiate proceedings to stop release.
Evaluation of treatment of minors.
Parent may request determination whether minor has mental
disorder requiring outpatient treatment—Consent of minor
not required—Discharge of minor.
Limitation on liability for admitting or accepting minor child.
INVOLUNTARY COMMITMENT
71.34.700
71.34.710
71.34.720
71.34.730
71.34.740
71.34.750
71.34.760
71.34.770
71.34.780
71.34.790
71.34.795
71.34.900
71.34.901
Evaluation of minor thirteen or older brought for immediate
mental health services—Temporary detention.
Minor thirteen or older who presents likelihood of serious
harm or is gravely disabled—Transport to inpatient facility—Petition for initial detention—Notice of commitment
hearing—Facility to evaluate and admit or release minor.
Examination and evaluation of minor approved for inpatient
admission—Referral to chemical dependency treatment program—Right to communication, exception—Evaluation and
treatment period.
Petition for fourteen-day commitment—Requirements.
Commitment hearing—Requirements—Findings by court—
Commitment—Release.
Petition for one hundred eighty-day commitment—Hearing—
Requirements—Findings by court—Commitment order—
Release—Successive commitments.
Placement of minor in state evaluation and treatment facility—
Placement committee—Facility to report to committee.
Release of minor—Conditional release—Discharge.
Minor’s failure to adhere to outpatient conditions—Deterioration of minor’s functioning—Transport to inpatient facility—Order of apprehension and detention—Revocation of
alternative treatment or conditional release—Hearings.
Transportation for minors committed to state facility for one
hundred eighty-day treatment.
Transferring or moving persons from juvenile correctional
institutions or facilities to evaluation and treatment facilities.
Severability—1985 c 354.
Effective date—1985 c 354.
71.34.010
71.34.010 Purpose—Parental participation in treatment decisions—Parental control of minor children during treatment. It is the purpose of this chapter to assure that
minors in need of mental health care and treatment receive an
appropriate continuum of culturally relevant care and treatment, including prevention and early intervention, selfdirected care, parent-directed care, and involuntary treatment. To facilitate the continuum of care and treatment to
minors in out-of-home placements, all divisions of the
department that provide mental health services to minors
shall jointly plan and deliver those services.
It is also the purpose of this chapter to protect the rights
of minors against needless hospitalization and deprivations of
liberty and to enable treatment decisions to be made in
response to clinical needs in accordance with sound professional judgment. The mental health care and treatment providers shall encourage the use of voluntary services and,
whenever clinically appropriate, the providers shall offer less
restrictive alternatives to inpatient treatment. Additionally,
all mental health care and treatment providers shall assure
that minors’ parents are given an opportunity to participate in
the treatment decisions for their minor children. The mental
health care and treatment providers shall, to the extent possible, offer services that involve minors’ parents or family.
It is also the purpose of this chapter to assure the ability
of parents to exercise reasonable, compassionate care and
control of their minor children when there is a medical necessity for treatment and without the requirement of filing a petition under this chapter. [1998 c 296 § 7; 1992 c 205 § 302;
1985 c 354 § 1.]
[Title 71 RCW—page 80]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
71.34.020
71.34.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Child psychiatrist" means a person having a license
as a physician and surgeon in this state, who has had graduate
training in child psychiatry in a program approved by the
American Medical Association or the American Osteopathic
Association, and who is board eligible or board certified in
child psychiatry.
(2) "Children’s mental health specialist" means:
(a) A mental health professional who has completed a
minimum of one hundred actual hours, not quarter or semester hours, of specialized training devoted to the study of child
development and the treatment of children; and
(b) A mental health professional who has the equivalent
of one year of full-time experience in the treatment of children under the supervision of a children’s mental health specialist.
(3) "Commitment" means a determination by a judge or
court commissioner, made after a commitment hearing, that
the minor is in need of inpatient diagnosis, evaluation, or
treatment or that the minor is in need of less restrictive alternative treatment.
(4) "Designated mental health professional" means a
mental health professional designated by one or more counties to perform the functions of a designated mental health
professional described in this chapter.
(5) "Department" means the department of social and
health services.
(6) "Evaluation and treatment facility" means a public or
private facility or unit that is certified by the department to
provide emergency, inpatient, residential, or outpatient mental health evaluation and treatment services for minors. A
physically separate and separately-operated portion of a state
hospital may be designated as an evaluation and treatment
facility for minors. A facility which is part of or operated by
the department or federal agency does not require certification. No correctional institution or facility, juvenile court
detention facility, or jail may be an evaluation and treatment
facility within the meaning of this chapter.
(7) "Evaluation and treatment program" means the total
system of services and facilities coordinated and approved by
a county or combination of counties for the evaluation and
treatment of minors under this chapter.
(8) "Gravely disabled minor" means a minor who, as a
result of a mental disorder, is in danger of serious physical
harm resulting from a failure to provide for his or her essential human needs of health or safety, or manifests severe deterioration in routine functioning evidenced by repeated and
escalating loss of cognitive or volitional control over his or
her actions and is not receiving such care as is essential for
his or her health or safety.
(9) "Inpatient treatment" means twenty-four-hour-perday mental health care provided within a general hospital,
psychiatric hospital, or residential treatment facility certified
(2006 Ed.)
Mental Health Services for Minors
by the department as an evaluation and treatment facility for
minors.
(10) "Less restrictive alternative" or "less restrictive setting" means outpatient treatment provided to a minor who is
not residing in a facility providing inpatient treatment as
defined in this chapter.
(11) "Likelihood of serious harm" means either: (a) A
substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or
attempts to commit suicide or inflict physical harm on oneself; (b) a substantial risk that physical harm will be inflicted
by an individual upon another, as evidenced by behavior
which has caused such harm or which places another person
or persons in reasonable fear of sustaining such harm; or (c) a
substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior
which has caused substantial loss or damage to the property
of others.
(12) "Medical necessity" for inpatient care means a
requested service which is reasonably calculated to: (a)
Diagnose, correct, cure, or alleviate a mental disorder; or (b)
prevent the worsening of mental conditions that endanger life
or cause suffering and pain, or result in illness or infirmity or
threaten to cause or aggravate a handicap, or cause physical
deformity or malfunction, and there is no adequate less
restrictive alternative available.
(13) "Mental disorder" means any organic, mental, or
emotional impairment that has substantial adverse effects on
an individual’s cognitive or volitional functions. The presence of alcohol abuse, drug abuse, juvenile criminal history,
antisocial behavior, or mental retardation alone is insufficient
to justify a finding of "mental disorder" within the meaning
of this section.
(14) "Mental health professional" means a psychiatrist,
psychologist, psychiatric nurse, or social worker, and such
other mental health professionals as may be defined by rules
adopted by the secretary under this chapter.
(15) "Minor" means any person under the age of eighteen years.
(16) "Outpatient treatment" means any of the nonresidential services mandated under chapter 71.24 RCW and provided by licensed services providers as identified by RCW
71.24.025.
(17) "Parent" means:
(a) A biological or adoptive parent who has legal custody
of the child, including either parent if custody is shared under
a joint custody agreement; or
(b) A person or agency judicially appointed as legal
guardian or custodian of the child.
(18) "Professional person in charge" or "professional
person" means a physician or other mental health professional empowered by an evaluation and treatment facility
with authority to make admission and discharge decisions on
behalf of that facility.
(19) "Psychiatric nurse" means a registered nurse who
has a bachelor’s degree from an accredited college or university, and who has had, in addition, at least two years’ experience in the direct treatment of mentally ill or emotionally disturbed persons, such experience gained under the supervision
of a mental health professional. "Psychiatric nurse" shall also
(2006 Ed.)
71.34.310
mean any other registered nurse who has three years of such
experience.
(20) "Psychiatrist" means a person having a license as a
physician in this state who has completed residency training
in psychiatry in a program approved by the American Medical Association or the American Osteopathic Association,
and is board eligible or board certified in psychiatry.
(21) "Psychologist" means a person licensed as a psychologist under chapter 18.83 RCW.
(22) "Responsible other" means the minor, the minor’s
parent or estate, or any other person legally responsible for
support of the minor.
(23) "Secretary" means the secretary of the department
or secretary’s designee.
(24) "Start of initial detention" means the time of arrival
of the minor at the first evaluation and treatment facility
offering inpatient treatment if the minor is being involuntarily detained at the time. With regard to voluntary patients,
"start of initial detention" means the time at which the minor
gives notice of intent to leave under the provisions of this
chapter. [2006 c 93 § 2; 1998 c 296 § 8; 1985 c 354 § 2.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
GENERAL
71.34.300
71.34.300 Responsibility of counties for evaluation
and treatment services for minors. (1) The county or combination of counties is responsible for development and coordination of the evaluation and treatment program for minors,
for incorporating the program into the county mental health
plan, and for coordination of evaluation and treatment services and resources with the community mental health program required under chapter 71.24 RCW.
(2) The county shall be responsible for maintaining its
support of involuntary treatment services for minors at its
1984 level, adjusted for inflation, with the department
responsible for additional costs to the county resulting from
this chapter. [1985 c 354 § 14. Formerly RCW 71.34.140.]
71.34.305 Notice to parents, school contacts for referring students to inpatient treatment. School district personnel who contact a mental health inpatient treatment program or provider for the purpose of referring a student to
inpatient treatment shall provide the parents with notice of
the contact within forty-eight hours. [1996 c 133 § 6. Formerly RCW 71.34.032.]
71.34.305
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
71.34.310
71.34.310 Jurisdiction over proceedings under chapter—Venue. (1) The superior court has jurisdiction over
proceedings under this chapter.
(2) A record of all petitions and proceedings under this
chapter shall be maintained by the clerk of the superior court
in the county in which the petition or proceedings was initiated.
(3) Petitions for commitment shall be filed and venue for
hearings under this chapter shall be in the county in which the
minor is being detained. The court may, for good cause,
transfer the proceeding to the county of the minor’s resi[Title 71 RCW—page 81]
71.34.315
Title 71 RCW: Mental Illness
dence, or to the county in which the alleged conduct evidencing need for commitment occurred. If the county of detention
is changed, subsequent petitions may be filed in the county in
which the minor is detained without the necessity of a change
of venue. [1985 c 354 § 26. Formerly RCW 71.34.250.]
or use of these records or files only upon good cause shown if
the court finds that appropriate safeguards for strict confidentiality will be maintained. [1985 c 354 § 21. Formerly RCW
71.34.210.]
71.34.340 Information concerning treatment of
minors confidential—Disclosure—Admissible as evidence with written consent. The fact of admission and all
information obtained through treatment under this chapter is
confidential. Confidential information may be disclosed
only:
(1) In communications between mental health professionals to meet the requirements of this chapter, in the provision of services to the minor, or in making appropriate referrals;
(2) In the course of guardianship or dependency proceedings;
(3) To persons with medical responsibility for the
minor’s care;
(4) To the minor, the minor’s parent, and the minor’s
attorney, subject to RCW 13.50.100;
(5) When the minor or the minor’s parent designates in
writing the persons to whom information or records may be
released;
(6) To the extent necessary to make a claim for financial
aid, insurance, or medical assistance to which the minor may
be entitled or for the collection of fees or costs due to providers for services rendered under this chapter;
(7) To the courts as necessary to the administration of
this chapter;
(8) To law enforcement officers or public health officers
as necessary to carry out the responsibilities of their office.
However, only the fact and date of admission, and the date of
discharge, the name and address of the treatment provider, if
any, and the last known address shall be disclosed upon
request;
(9) To law enforcement officers, public health officers,
relatives, and other governmental law enforcement agencies,
if a minor has escaped from custody, disappeared from an
evaluation and treatment facility, violated conditions of a less
restrictive treatment order, or failed to return from an authorized leave, and then only such information as may be necessary to provide for public safety or to assist in the apprehension of the minor. The officers are obligated to keep the
information confidential in accordance with this chapter;
(10) To the secretary for assistance in data collection and
program evaluation or research, provided that the secretary
adopts rules for the conduct of such evaluation and research.
The rules shall include, but need not be limited to, the
requirement that all evaluators and researchers sign an oath of
confidentiality substantially as follows:
71.34.340
71.34.315
71.34.315 Mental health commissioners—Authority.
The judges of the superior court of the county by majority
vote may authorize mental health commissioners, appointed
pursuant to RCW 71.05.135, to perform any or all of the following duties:
(1) Receive all applications, petitions, and proceedings
filed in the superior court for the purpose of disposing of
them pursuant to this chapter;
(2) Investigate the facts upon which to base warrants,
subpoenas, orders to directions in actions, or proceedings
filed pursuant to this chapter;
(3) For the purpose of this chapter, exercise all powers
and perform all the duties of a court commissioner appointed
pursuant to RCW 2.24.010;
(4) Hold hearings in proceedings under this chapter and
make written reports of all proceedings under this chapter
which shall become a part of the record of superior court;
(5) Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding
judge; and
(6) Cause the orders and findings to be entered in the
same manner as orders and findings are entered in cases in
the superior court. [1989 c 174 § 3. Formerly RCW
71.34.280.]
Severability—1989 c 174: See note following RCW 71.05.135.
71.34.320
71.34.320 Transfer of superior court proceedings to
juvenile department. For purposes of this chapter, a superior court may transfer proceedings under this chapter to its
juvenile department. [1985 c 354 § 28. Formerly RCW
71.34.260.]
71.34.325
71.34.325 Court proceedings under chapter subject
to rules of state supreme court. Court procedures and proceedings provided for in this chapter shall be in accordance
with rules adopted by the supreme court of the state of Washington. [1985 c 354 § 24. Formerly RCW 71.34.240.]
71.34.330
71.34.330 Attorneys appointed for minors—Compensation. Attorneys appointed for minors under this chapter shall be compensated for their services as follows:
(1) Responsible others shall bear the costs of such legal
services if financially able according to standards set by the
court of the county in which the proceeding is held.
(2) If all responsible others are indigent as determined by
these standards, the costs of these legal services shall be
borne by the county in which the proceeding is held. [1985 c
354 § 23. Formerly RCW 71.34.230.]
71.34.335
71.34.335 Court records and files confidential—
Availability. The records and files maintained in any court
proceeding under this chapter are confidential and available
only to the minor, the minor’s parent, and the minor’s attorney. In addition, the court may order the subsequent release
[Title 71 RCW—page 82]
"As a condition of conducting evaluation or research
concerning persons who have received services from (fill in
the facility, agency, or person) I, . . . . . ., agree not to divulge,
publish, or otherwise make known to unauthorized persons or
the public any information obtained in the course of such
evaluation or research regarding minors who have received
services in a manner such that the minor is identifiable.
I recognize that unauthorized release of confidential
information may subject me to civil liability under state law.
(2006 Ed.)
Mental Health Services for Minors
/s/ . . . . . . . . . . . . . . . . . . . . "
(11) To appropriate law enforcement agencies, upon
request, all necessary and relevant information in the event of
a crisis or emergent situation that poses a significant and
imminent risk to the public. The decision to disclose or not
shall not result in civil liability for the mental health service
provider or its employees so long as the decision was reached
in good faith and without gross negligence;
(12) To appropriate law enforcement agencies and to a
person, when the identity of the person is known to the public
or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by
the patient. The person may designate a representative to
receive the disclosure. The disclosure shall be made by the
professional person in charge of the public or private agency
or his or her designee and shall include the dates of admission, discharge, authorized or unauthorized absence from the
agency’s facility, and only such other information that is pertinent to the threat or harassment. The decision to disclose or
not shall not result in civil liability for the agency or its
employees so long as the decision was reached in good faith
and without gross negligence;
(13) To a minor’s next of kin, attorney, guardian, or conservator, if any, the information that the minor is presently in
the facility or that the minor is seriously physically ill and a
statement evaluating the mental and physical condition of the
minor as well as a statement of the probable duration of the
minor’s confinement;
(14) Upon the death of a minor, to the minor’s next of
kin;
(15) To a facility in which the minor resides or will
reside;
(16) To law enforcement officers and to prosecuting
attorneys as are necessary to enforce RCW 9.41.040(2)(a)(ii).
The extent of information that may be released is limited as
follows:
(a) Only the fact, place, and date of involuntary commitment, an official copy of any order or orders of commitment,
and an official copy of any written or oral notice of ineligibility to possess a firearm that was provided to the person pursuant to RCW 9.41.047(1), shall be disclosed upon request;
(b) The law enforcement and prosecuting attorneys may
only release the information obtained to the person’s attorney
as required by court rule and to a jury or judge, if a jury is
waived, that presides over any trial at which the person is
charged with violating RCW 9.41.040(2)(a)(ii);
(c) Disclosure under this subsection is mandatory for the
purposes of the health insurance portability and accountability act.
This section shall not be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to
assure maintenance of confidentiality, set forth by the secretary. The fact of admission and all information obtained pursuant to this chapter are not admissible as evidence in any
legal proceeding outside this chapter, except guardianship or
dependency, without the written consent of the minor or the
minor’s parent. [2005 c 453 § 6; 2000 c 75 § 7; 1985 c 354 §
18. Formerly RCW 71.34.200.]
Severability—2005 c 453: See note following RCW 9.41.040.
(2006 Ed.)
71.34.345
Intent—2000 c 75: See note following RCW 71.05.445.
71.34.345
71.34.345 Mental health services information—
Release to department of corrections—Rules. (1) The definitions in this subsection apply throughout this section
unless the context clearly requires otherwise.
(a) "Information related to mental health services" means
all information and records compiled, obtained, or maintained in the course of providing services to either voluntary
or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.05 or 10.77 RCW, or
somatic health care information.
(b) "Mental health service provider" means a public or
private agency that provides services to persons with mental
disorders as defined under RCW 71.34.020 and receives
funding from public sources. This includes evaluation and
treatment facilities as defined in RCW 71.34.020, community
mental health service delivery systems, or community mental
health programs, as defined in RCW 71.24.025, and facilities
conducting competency evaluations and restoration under
chapter 10.77 RCW.
(2) Information related to mental health services delivered to a person subject to chapter 9.94A or 9.95 RCW shall
be released, upon request, by a mental health service provider
to department of corrections personnel for whom the information is necessary to carry out the responsibilities of their
office. The information must be provided only for the purpose of completing presentence investigations, supervision of
an incarcerated person, planning for and provision of supervision of a person, or assessment of a person’s risk to the
community. The request shall be in writing and shall not
require the consent of the subject of the records.
(3) The information to be released to the department of
corrections shall include all relevant records and reports, as
defined by rule, necessary for the department of corrections
to carry out its duties, including those records and reports
identified in subsection (2) of this section.
(4) The department shall, subject to available resources,
electronically, or by the most cost-effective means available,
provide the department of corrections with the names, last
dates of services, and addresses of specific regional support
networks and mental health service providers that delivered
mental health services to a person subject to chapter 9.94A or
9.95 RCW pursuant to an agreement between the departments.
(5) The department and the department of corrections, in
consultation with regional support networks, mental health
service providers as defined in subsection (1) of this section,
mental health consumers, and advocates for persons with
mental illness, shall adopt rules to implement the provisions
of this section related to the type and scope of information to
be released. These rules shall:
(a) Enhance and facilitate the ability of the department of
corrections to carry out its responsibility of planning and
ensuring community protection with respect to persons subject to sentencing under chapter 9.94A or 9.95 RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and
[Title 71 RCW—page 83]
71.34.350
Title 71 RCW: Mental Illness
(b) Establish requirements for the notification of persons
under the supervision of the department of corrections
regarding the provisions of this section.
(6) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in RCW
71.34.340, except as provided in RCW 72.09.585.
(7) No mental health service provider or individual
employed by a mental health service provider shall be held
responsible for information released to or used by the department of corrections under the provisions of this section or
rules adopted under this section.
(8) Whenever federal law or federal regulations restrict
the release of information contained in the treatment records
of any patient who receives treatment for alcoholism or drug
dependency, the release of the information may be restricted
as necessary to comply with federal law and regulations.
(9) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter 70.24 RCW. [2004 c 166 § 8;
2002 c 39 § 1; 2000 c 75 § 2. Formerly RCW 71.34.225.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
Intent—2000 c 75: See note following RCW 71.05.445.
71.34.350 Disclosure of information or records—
Required entries in minor’s clinical record. When disclosure of information or records is made, the date and circumstances under which the disclosure was made, the name or
names of the persons or agencies to whom such disclosure
was made and their relationship if any, to the minor, and the
information disclosed shall be entered promptly in the
minor’s clinical record. [1985 c 354 § 22. Formerly RCW
71.34.220.]
71.34.350
71.34.355 Rights of minors undergoing treatment—
Posting. Absent a risk to self or others, minors treated under
this chapter have the following rights, which shall be prominently posted in the evaluation and treatment facility:
(1) To wear their own clothes and to keep and use personal possessions;
(2) To keep and be allowed to spend a reasonable sum of
their own money for canteen expenses and small purchases;
(3) To have individual storage space for private use;
(4) To have visitors at reasonable times;
(5) To have reasonable access to a telephone, both to
make and receive confidential calls;
(6) To have ready access to letter-writing materials,
including stamps, and to send and receive uncensored correspondence through the mails;
(7) To discuss treatment plans and decisions with mental
health professionals;
(8) To have the right to adequate care and individualized
treatment;
(9) Not to consent to the performance of electro-convulsive treatment or surgery, except emergency life-saving surgery, upon him or her, and not to have electro-convulsive
treatment or nonemergency surgery in such circumstance
unless ordered by a court pursuant to a judicial hearing in
which the minor is present and represented by counsel, and
the court shall appoint a psychiatrist, psychologist, or physi71.34.355
[Title 71 RCW—page 84]
cian designated by the minor or the minor’s counsel to testify
on behalf of the minor. The minor’s parent may exercise this
right on the minor’s behalf, and must be informed of any
impending treatment;
(10) Not to have psychosurgery performed on him or her
under any circumstances. [1985 c 354 § 16. Formerly RCW
71.34.160.]
71.34.360
71.34.360 No detention of minors after eighteenth
birthday—Exceptions. No minor received as a voluntary
patient or committed under this chapter may be detained after
his or her eighteenth birthday unless the person, upon reaching eighteen years of age, has applied for admission to an
appropriate evaluation and treatment facility or unless involuntary commitment proceedings under chapter 71.05 RCW
have been initiated: PROVIDED, That a minor may be
detained after his or her eighteenth birthday for purposes of
completing the fourteen-day diagnosis, evaluation, and treatment. [1985 c 354 § 20. Formerly RCW 71.34.190.]
71.34.365
71.34.365 Release of minor—Requirements. (1) If a
minor is not accepted for admission or is released by an inpatient evaluation and treatment facility, the facility shall
release the minor to the custody of the minor’s parent or other
responsible person. If not otherwise available, the facility
shall furnish transportation for the minor to the minor’s residence or other appropriate place.
(2) If the minor is released to someone other than the
minor’s parent, the facility shall make every effort to notify
the minor’s parent of the release as soon as possible.
(3) No indigent minor may be released to less restrictive
alternative treatment or setting or discharged from inpatient
treatment without suitable clothing, and the department shall
furnish this clothing. As funds are available, the secretary
may provide necessary funds for the immediate welfare of
indigent minors upon discharge or release to less restrictive
alternative treatment. [1985 c 354 § 17. Formerly RCW
71.34.170.]
71.34.370
71.34.370 Antipsychotic medication and shock treatment. For the purposes of administration of antipsychotic
medication and shock treatment, the provisions of chapter
120, Laws of 1989 apply to minors pursuant to chapter 71.34
RCW. [1989 c 120 § 9. Formerly RCW 71.34.290.]
71.34.375
71.34.375 Parent-initiated treatment—Notice to parents of available treatment options. (1) The evaluation and
treatment facility is required to promptly provide written and
verbal notice of all statutorily available treatment options
contained in this chapter to every parent or guardian of a
minor child when the parent or guardian seeks to have his or
her minor child treated at an evaluation and treatment facility.
(2) The notice must contain the following information:
(a) All current statutorily available treatment options
including but not limited to those provided in this chapter;
and
(b) The procedures to be followed to utilize the treatment
options described in this chapter.
(3) The department shall produce, and make available,
the written notification that must include, at a minimum, the
(2006 Ed.)
Mental Health Services for Minors
information contained in subsection (2) of this section. [2003
c 107 § 1. Formerly RCW 71.34.056.]
71.34.380
71.34.380 Department to adopt rules to effectuate
chapter. The department shall adopt such rules pursuant to
chapter 34.05 RCW as may be necessary to effectuate the
intent and purposes of this chapter, which shall include but
not be limited to evaluation of the quality, effectiveness, efficiency, and use of services and facilities operating under this
chapter, procedures and standards for commitment, and other
action relevant to evaluation and treatment facilities, and
establishment of criteria and procedures for placement and
transfer of committed minors. [1985 c 354 § 25. Formerly
RCW 71.34.800.]
71.34.385
71.34.385 Uniform application of chapter—Training
for *county-designated mental health professionals. The
department shall ensure that the provisions of this chapter are
applied by the counties in a consistent and uniform manner.
The department shall also ensure that, to the extent possible
within available funds, the *county-designated mental health
professionals are specifically trained in adolescent mental
health issues, the mental health civil commitment laws, and
the criteria for civil commitment. [1992 c 205 § 304. Formerly RCW 71.34.805.]
*Reviser’s note: The term "county-designated mental health professional" as defined in RCW 71.34.020 was changed to "designated mental
health professional" by 2006 c 93 § 2.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
71.34.390
71.34.390 Redirection of Title XIX funds to fund
placements within the state. For the purpose of encouraging the expansion of existing evaluation and treatment facilities and the creation of new facilities, the department shall
endeavor to redirect federal Title XIX funds which are
expended on out-of-state placements to fund placements
within the state. [1992 c 205 § 303. Formerly RCW
71.34.810.]
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
accordance with chapter 13.34 RCW, or the parents are found
to not be exercising responsibility for care and control of the
minor. Payment for such care by the department shall be
made only in accordance with rules, guidelines, and clinical
criteria applicable to inpatient treatment of minors established by the department. [1998 c 296 § 11. Formerly RCW
71.34.027.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.405
71.34.405 Liability for costs of minor’s treatment
and care—Rules. (1) A minor receiving treatment under the
provisions of this chapter and responsible others shall be liable for the costs of treatment, care, and transportation to the
extent of available resources and ability to pay.
(2) The secretary shall establish rules to implement this
section and to define income, resources, and exemptions to
determine the responsible person’s or persons’ ability to pay.
[1985 c 354 § 13. Formerly RCW 71.34.130.]
71.34.410
71.34.410 Liability for performance of duties under
this chapter limited. No public or private agency or governmental entity, nor officer of a public or private agency, nor
the superintendent, or professional person in charge, his or
her professional designee or attending staff of any such
agency, nor any public official performing functions necessary to the administration of this chapter, nor peace officer
responsible for detaining a person under this chapter, nor any
*county designated mental health professional, nor professional person, nor evaluation and treatment facility, shall be
civilly or criminally liable for performing actions authorized
in this chapter with regard to the decision of whether to
admit, release, or detain a person for evaluation and treatment: PROVIDED, That such duties were performed in good
faith and without gross negligence. [2005 c 371 § 5; 1985 c
354 § 27. Formerly RCW 71.34.270.]
*Reviser’s note: The term "county-designated mental health professional" as defined in RCW 71.34.020 was changed to "designated mental
health professional" by 2006 c 93 § 2.
Finding—Intent—Severability—2005 c 371: See notes following
RCW 71.34.600.
MINOR-INITIATED TREATMENT
71.34.395
71.34.395 Availability of treatment does not create
right to obtain public funds. The ability of a parent to bring
his or her minor child to a certified evaluation and treatment
program for evaluation and treatment does not create a right
to obtain or benefit from any funds or resources of the state.
The state may provide services for indigent minors to the
extent that funds are available. [1998 c 296 § 21. Formerly
RCW 71.34.015.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.400
71.34.400 Eligibility for medical assistance under
chapter 74.09 RCW—Payment by department. For purposes of eligibility for medical assistance under chapter 74.09
RCW, minors in inpatient mental health treatment shall be
considered to be part of their parent’s or legal guardian’s
household, unless the minor has been assessed by the department or its designee as likely to require such treatment for at
least ninety consecutive days, or is in out-of-home care in
(2006 Ed.)
71.34.500
71.34.500
71.34.500 Minor thirteen or older may be admitted
for inpatient mental treatment without parental consent—Professional person in charge must concur—Written renewal of consent required. (1) A minor thirteen years
or older may admit himself or herself to an evaluation and
treatment facility for inpatient mental treatment, without
parental consent. The admission shall occur only if the professional person in charge of the facility concurs with the
need for inpatient treatment. Parental authorization, or
authorization from a person who may consent on behalf of
the minor pursuant to RCW 7.70.065, is required for inpatient
treatment of a minor under the age of thirteen.
(2) When, in the judgment of the professional person in
charge of an evaluation and treatment facility, there is reason
to believe that a minor is in need of inpatient treatment
because of a mental disorder, and the facility provides the
type of evaluation and treatment needed by the minor, and it
[Title 71 RCW—page 85]
71.34.510
Title 71 RCW: Mental Illness
is not feasible to treat the minor in any less restrictive setting
or the minor’s home, the minor may be admitted to an evaluation and treatment facility.
(3) Written renewal of voluntary consent must be
obtained from the applicant no less than once every twelve
months. The minor’s need for continued inpatient treatments
shall be reviewed and documented no less than every one
hundred eighty days. [2006 c 93 § 3; 2005 c 371 § 2; 1998 c
296 § 14. Formerly RCW 71.34.042.]
minor under the age of thirteen. [2006 c 93 § 4; 1998 c 296 §
12; 1995 c 312 § 52; 1985 c 354 § 3. Formerly RCW
71.34.030.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Short title—1995 c 312: See note following RCW 13.32A.010.
PARENT-INITIATED TREATMENT
71.34.600 Parent may request determination
whether minor has mental disorder requiring inpatient
treatment—Minor consent not required—Duties and
obligations of professional person and facility. (1) A parent may bring, or authorize the bringing of, his or her minor
child to an evaluation and treatment facility or an inpatient
facility licensed under chapter 70.41, 71.12, or 72.23 RCW
and request that the professional person as defined in *RCW
71.05.020(24) examine the minor to determine whether the
minor has a mental disorder and is in need of inpatient treatment.
(2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor
to the facility.
(3) An appropriately trained professional person may
evaluate whether the minor has a mental disorder. The evaluation shall be completed within twenty-four hours of the
time the minor was brought to the facility, unless the professional person determines that the condition of the minor
necessitates additional time for evaluation. In no event shall
a minor be held longer than seventy-two hours for evaluation.
If, in the judgment of the professional person, it is determined
it is a medical necessity for the minor to receive inpatient
treatment, the minor may be held for treatment. The facility
shall limit treatment to that which the professional person
determines is medically necessary to stabilize the minor’s
condition until the evaluation has been completed. Within
twenty-four hours of completion of the evaluation, the professional person shall notify the department if the child is
held for treatment and of the date of admission.
(4) No provider is obligated to provide treatment to a
minor under the provisions of this section except that no provider may refuse to treat a minor under the provisions of this
section solely on the basis that the minor has not consented to
the treatment. No provider may admit a minor to treatment
under this section unless it is medically necessary.
(5) No minor receiving inpatient treatment under this
section may be discharged from the facility based solely on
his or her request.
(6) Prior to the review conducted under RCW 71.34.610,
the professional person shall notify the minor of his or her
right to petition superior court for release from the facility.
(7) For the purposes of this section "professional person"
means "professional person" as defined in RCW 71.05.020.
[2005 c 371 § 4; 1998 c 296 § 17. Formerly RCW
71.34.052.]
71.34.600
Finding—Intent—Severability—2005 c 371: See notes following
RCW 71.34.600.
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.510
71.34.510 Notice to parents when minor admitted to
inpatient treatment without parental consent. The administrator of the treatment facility shall provide notice to the
parents of a minor when the minor is voluntarily admitted to
inpatient treatment under RCW 71.34.500. The notice shall
be in the form most likely to reach the parent within twentyfour hours of the minor’s voluntary admission and shall
advise the parent: (1) That the minor has been admitted to
inpatient treatment; (2) of the location and telephone number
of the facility providing such treatment; (3) of the name of a
professional person on the staff of the facility providing treatment who is designated to discuss the minor’s need for inpatient treatment with the parent; and (4) of the medical necessity for admission. [1998 c 296 § 15. Formerly RCW
71.34.044.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.520
71.34.520 Minor voluntarily admitted may give
notice to leave at any time. (1) Any minor thirteen years or
older voluntarily admitted to an evaluation and treatment
facility under RCW 71.34.500 may give notice of intent to
leave at any time. The notice need not follow any specific
form so long as it is written and the intent of the minor can be
discerned.
(2) The staff member receiving the notice shall date it
immediately, record its existence in the minor’s clinical
record, and send copies of it to the minor’s attorney, if any,
the *county-designated mental health professional, and the
parent.
(3) The professional person shall discharge the minor,
thirteen years or older, from the facility by the second judicial
day following receipt of the minor’s notice of intent to leave.
[2003 c 106 § 1; 1998 c 296 § 16. Formerly RCW
71.34.046.]
*Reviser’s note: The term "county-designated mental health professional" as defined in RCW 71.34.020 was changed to "designated mental
health professional" by 2006 c 93 § 2.
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.530
71.34.530 Age of consent—Outpatient treatment of
minors. Any minor thirteen years or older may request and
receive outpatient treatment without the consent of the
minor’s parent. Parental authorization, or authorization from
a person who may consent on behalf of the minor pursuant to
RCW 7.70.065, is required for outpatient treatment of a
[Title 71 RCW—page 86]
*Reviser’s note: RCW 71.05.020 was amended by 2005 c 504 § 104,
changing subsection (24) to subsection (26).
Finding—Intent—2005 c 371: "The legislature finds that, despite
explicit statements in statute that the consent of a minor child is not required
for a parent-initiated admission to inpatient or outpatient mental health treatment, treatment providers consistently refuse to accept a minor aged thirteen
or over if the minor does not also consent to treatment. The legislature
(2006 Ed.)
Mental Health Services for Minors
intends that the parent-initiated treatment provisions, with their accompanying due process provisions for the minor, be made fully available to parents."
[2005 c 371 § 1.]
Severability—2005 c 371: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 371 § 7.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.610
71.34.610 Review of admission and inpatient treatment of minors—Determination of medical necessity—
Department review—Minor declines necessary treatment—At-risk youth petition—Costs—Public funds. (1)
The department shall assure that, for any minor admitted to
inpatient treatment under RCW 71.34.600, a review is conducted by a physician or other mental health professional
who is employed by the department, or an agency under contract with the department, and who neither has a financial
interest in continued inpatient treatment of the minor nor is
affiliated with the facility providing the treatment. The physician or other mental health professional shall conduct the
review not less than seven nor more than fourteen days following the date the minor was brought to the facility under
RCW 71.34.600 to determine whether it is a medical necessity to continue the minor’s treatment on an inpatient basis.
(2) In making a determination under subsection (1) of
this section, the department shall consider the opinion of the
treatment provider, the safety of the minor, and the likelihood
the minor’s mental health will deteriorate if released from
inpatient treatment. The department shall consult with the
parent in advance of making its determination.
(3) If, after any review conducted by the department
under this section, the department determines it is no longer a
medical necessity for a minor to receive inpatient treatment,
the department shall immediately notify the parents and the
facility. The facility shall release the minor to the parents
within twenty-four hours of receiving notice. If the professional person in charge and the parent believe that it is a medical necessity for the minor to remain in inpatient treatment,
the minor shall be released to the parent on the second judicial day following the department’s determination in order to
allow the parent time to file an at-risk youth petition under
chapter 13.32A RCW. If the department determines it is a
medical necessity for the minor to receive outpatient treatment and the minor declines to obtain such treatment, such
refusal shall be grounds for the parent to file an at-risk youth
petition.
(4) If the evaluation conducted under RCW 71.34.600 is
done by the department, the reviews required by subsection
(1) of this section shall be done by contract with an independent agency.
(5) The department may, subject to available funds, contract with other governmental agencies to conduct the
reviews under this section. The department may seek reimbursement from the parents, their insurance, or medicaid for
the expense of any review conducted by an agency under
contract.
(6) In addition to the review required under this section,
the department may periodically determine and redetermine
the medical necessity of treatment for purposes of payment
(2006 Ed.)
71.34.650
with public funds. [1998 c 296 § 9; 1995 c 312 § 56. Formerly RCW 71.34.025.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Short title—1995 c 312: See note following RCW 13.32A.010.
71.34.620
71.34.620 Minor may petition court for release from
facility. Following the review conducted under RCW
71.34.610, a minor child may petition the superior court for
his or her release from the facility. The petition may be filed
not sooner than five days following the review. The court
shall release the minor unless it finds, upon a preponderance
of the evidence, that it is a medical necessity for the minor to
remain at the facility. [1998 c 296 § 19. Formerly RCW
71.34.162.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.630
71.34.630 Minor not released by petition under RCW
71.34.620—Release within thirty days—Professional may
initiate proceedings to stop release. If the minor is not
released as a result of the petition filed under RCW
71.34.620, he or she shall be released not later than thirty
days following the later of: (1) The date of the department’s
determination under RCW 71.34.610(2); or (2) the filing of a
petition for judicial review under RCW 71.34.620, unless a
professional person or the *county designated mental health
professional initiates proceedings under this chapter. [1998 c
296 § 20. Formerly RCW 71.34.164.]
*Reviser’s note: The term "county-designated mental health professional" as defined in RCW 71.34.020 was changed to "designated mental
health professional" by 2006 c 93 § 2.
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.640
71.34.640 Evaluation of treatment of minors. The
department shall randomly select and review the information
on children who are admitted to inpatient treatment on application of the child’s parent regardless of the source of payment, if any. The review shall determine whether the children
reviewed were appropriately admitted into treatment based
on an objective evaluation of the child’s condition and the
outcome of the child’s treatment. [1996 c 133 § 36; 1995 c
312 § 58. Formerly RCW 71.34.035.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
71.34.650
71.34.650 Parent may request determination
whether minor has mental disorder requiring outpatient
treatment—Consent of minor not required—Discharge
of minor. (1) A parent may bring, or authorize the bringing
of, his or her minor child to a provider of outpatient mental
health treatment and request that an appropriately trained
professional person examine the minor to determine whether
the minor has a mental disorder and is in need of outpatient
treatment.
(2) The consent of the minor is not required for evaluation if the parent brings the minor to the provider.
[Title 71 RCW—page 87]
71.34.660
Title 71 RCW: Mental Illness
(3) The professional person may evaluate whether the
minor has a mental disorder and is in need of outpatient treatment.
(4) Any minor admitted to inpatient treatment under
RCW 71.34.500 or 71.34.600 shall be discharged immediately from inpatient treatment upon written request of the
parent. [1998 c 296 § 18. Formerly RCW 71.34.054.]
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
71.34.660
71.34.660 Limitation on liability for admitting or
accepting minor child. A minor child shall have no cause of
action against an evaluation and treatment facility, inpatient
facility, or provider of outpatient mental health treatment for
admitting or accepting the minor in good faith for evaluation
or treatment under RCW 71.34.600 or 71.34.650 based solely
upon the fact that the minor did not consent to evaluation or
treatment if the minor’s parent has consented to the evaluation or treatment. [2005 c 371 § 3.]
Finding—Intent—Severability—2005 c 371: See notes following
RCW 71.34.600.
INVOLUNTARY COMMITMENT
71.34.700
71.34.700 Evaluation of minor thirteen or older
brought for immediate mental health services—Temporary detention. If a minor, thirteen years or older, is brought
to an evaluation and treatment facility or hospital emergency
room for immediate mental health services, the professional
person in charge of the facility shall evaluate the minor’s
mental condition, determine whether the minor suffers from a
mental disorder, and whether the minor is in need of immediate inpatient treatment. If it is determined that the minor suffers from a mental disorder, inpatient treatment is required,
the minor is unwilling to consent to voluntary admission, and
the professional person believes that the minor meets the criteria for initial detention set forth herein, the facility may
detain or arrange for the detention of the minor for up to
twelve hours in order to enable a *county-designated mental
health professional to evaluate the minor and commence initial detention proceedings under the provisions of this chapter. [1985 c 354 § 4. Formerly RCW 71.34.040.]
*Reviser’s note: The term "county-designated mental health professional" as defined in RCW 71.34.020 was changed to "designated mental
health professional" by 2006 c 93 § 2.
71.34.710
71.34.710 Minor thirteen or older who presents likelihood of serious harm or is gravely disabled—Transport
to inpatient facility—Petition for initial detention—
Notice of commitment hearing—Facility to evaluate and
admit or release minor. (1) When a *county-designated
mental health professional receives information that a minor,
thirteen years or older, as a result of a mental disorder presents a likelihood of serious harm or is gravely disabled, has
investigated the specific facts alleged and of the credibility of
the person or persons providing the information, and has
determined that voluntary admission for inpatient treatment
is not possible, the *county-designated mental health professional may take the minor, or cause the minor to be taken,
into custody and transported to an evaluation and treatment
facility providing inpatient treatment.
[Title 71 RCW—page 88]
If the minor is not taken into custody for evaluation and
treatment, the parent who has custody of the minor may seek
review of that decision made by the *county designated mental health professional in court. The parent shall file notice
with the court and provide a copy of the *county designated
mental health professional’s report or notes.
(2) Within twelve hours of the minor’s arrival at the
evaluation and treatment facility, the *county-designated
mental health professional shall serve on the minor a copy of
the petition for initial detention, notice of initial detention,
and statement of rights. The *county-designated mental
health professional shall file with the court on the next judicial day following the initial detention the original petition
for initial detention, notice of initial detention, and statement
of rights along with an affidavit of service. The *county-designated mental health professional shall commence service of
the petition for initial detention and notice of the initial detention on the minor’s parent and the minor’s attorney as soon as
possible following the initial detention.
(3) At the time of initial detention, the *county-designated mental health professional shall advise the minor both
orally and in writing that if admitted to the evaluation and
treatment facility for inpatient treatment, a commitment hearing shall be held within seventy-two hours of the minor’s provisional acceptance to determine whether probable cause
exists to commit the minor for further mental health treatment.
The minor shall be advised that he or she has a right to
communicate immediately with an attorney and that he or she
has a right to have an attorney appointed to represent him or
her before and at the hearing if the minor is indigent.
(4) Whenever the *county designated mental health professional petitions for detention of a minor under this chapter,
an evaluation and treatment facility providing seventy-two
hour evaluation and treatment must immediately accept on a
provisional basis the petition and the person. Within twentyfour hours of the minor’s arrival, the facility must evaluate
the minor’s condition and either admit or release the minor in
accordance with this chapter.
(5) If a minor is not approved for admission by the inpatient evaluation and treatment facility, the facility shall make
such recommendations and referrals for further care and
treatment of the minor as necessary. [1995 c 312 § 53; 1985
c 354 § 5. Formerly RCW 71.34.050.]
*Reviser’s note: The term "county-designated mental health professional" as defined in RCW 71.34.020 was changed to "designated mental
health professional" by 2006 c 93 § 2.
Short title—1995 c 312: See note following RCW 13.32A.010.
71.34.720
71.34.720 Examination and evaluation of minor
approved for inpatient admission—Referral to chemical
dependency treatment program—Right to communication, exception—Evaluation and treatment period. (1)
Each minor approved by the facility for inpatient admission
shall be examined and evaluated by a children’s mental
health specialist as to the child’s mental condition and by a
physician as to the child’s physical condition within twentyfour hours of admission. Reasonable measures shall be taken
to ensure medical treatment is provided for any condition
requiring immediate medical attention.
(2006 Ed.)
Mental Health Services for Minors
(2) If, after examination and evaluation, the children’s
mental health specialist and the physician determine that the
initial needs of the minor would be better served by placement in a chemical dependency treatment facility, then the
minor shall be referred to an approved treatment program
defined under RCW 70.96A.020.
(3) The admitting facility shall take reasonable steps to
notify immediately the minor’s parent of the admission.
(4) During the initial seventy-two hour treatment period,
the minor has a right to associate or receive communications
from parents or others unless the professional person in
charge determines that such communication would be seriously detrimental to the minor’s condition or treatment and
so indicates in the minor’s clinical record, and notifies the
minor’s parents of this determination. In no event may the
minor be denied the opportunity to consult an attorney.
(5) If the evaluation and treatment facility admits the
minor, it may detain the minor for evaluation and treatment
for a period not to exceed seventy-two hours from the time of
provisional acceptance. The computation of such seventytwo hour period shall exclude Saturdays, Sundays, and holidays. This initial treatment period shall not exceed seventytwo hours except when an application for voluntary inpatient
treatment is received or a petition for fourteen-day commitment is filed.
(6) Within twelve hours of the admission, the facility
shall advise the minor of his or her rights as set forth in this
chapter. [1991 c 364 § 12; 1985 c 354 § 6. Formerly RCW
71.34.060.]
Findings—Construction—Conflict with federal requirements—
1991 c 364: See notes following RCW 70.96A.020.
71.34.730
71.34.730 Petition for fourteen-day commitment—
Requirements. (1) The professional person in charge of an
evaluation and treatment facility where a minor has been
admitted involuntarily for the initial seventy-two hour treatment period under this chapter may petition to have a minor
committed to an evaluation and treatment facility for fourteen-day diagnosis, evaluation, and treatment.
If the professional person in charge of the treatment and
evaluation facility does not petition to have the minor committed, the parent who has custody of the minor may seek
review of that decision in court. The parent shall file notice
with the court and provide a copy of the treatment and evaluation facility’s report.
(2) A petition for commitment of a minor under this section shall be filed with the superior court in the county where
the minor is residing or being detained.
(a) A petition for a fourteen-day commitment shall be
signed either by two physicians or by one physician and a
mental health professional who have examined the minor and
shall contain the following:
(i) The name and address of the petitioner;
(ii) The name of the minor alleged to meet the criteria for
fourteen-day commitment;
(iii) The name, telephone number, and address if known
of every person believed by the petitioner to be legally
responsible for the minor;
(iv) A statement that the petitioner has examined the
minor and finds that the minor’s condition meets required cri(2006 Ed.)
71.34.740
teria for fourteen-day commitment and the supporting facts
therefor;
(v) A statement that the minor has been advised of the
need for voluntary treatment but has been unwilling or unable
to consent to necessary treatment;
(vi) A statement recommending the appropriate facility
or facilities to provide the necessary treatment; and
(vii) A statement concerning whether a less restrictive
alternative to inpatient treatment is in the best interests of the
minor.
(b) A copy of the petition shall be personally delivered to
the minor by the petitioner or petitioner’s designee. A copy of
the petition shall be sent to the minor’s attorney and the
minor’s parent. [1995 c 312 § 54; 1985 c 354 § 7. Formerly
RCW 71.34.070.]
Short title—1995 c 312: See note following RCW 13.32A.010.
71.34.740
71.34.740 Commitment hearing—Requirements—
Findings by court—Commitment—Release. (1) A commitment hearing shall be held within seventy-two hours of
the minor’s admission, excluding Saturday, Sunday, and holidays, unless a continuance is requested by the minor or the
minor’s attorney.
(2) The commitment hearing shall be conducted at the
superior court or an appropriate place at the facility in which
the minor is being detained.
(3) At the commitment hearing, the evidence in support
of the petition shall be presented by the county prosecutor.
(4) The minor shall be present at the commitment hearing unless the minor, with the assistance of the minor’s attorney, waives the right to be present at the hearing.
(5) If the parents are opposed to the petition, they may be
represented at the hearing and shall be entitled to courtappointed counsel if they are indigent.
(6) At the commitment hearing, the minor shall have the
following rights:
(a) To be represented by an attorney;
(b) To present evidence on his or her own behalf;
(c) To question persons testifying in support of the petition.
(7) If the minor has received medication within twentyfour hours of the hearing, the court shall be informed of that
fact and of the probable effects of the medication.
(8) Rules of evidence shall not apply in fourteen-day
commitment hearings.
(9) For a fourteen-day commitment, the court must find
by a preponderance of the evidence that:
(a) The minor has a mental disorder and presents a "likelihood of serious harm" or is "gravely disabled";
(b) The minor is in need of evaluation and treatment of
the type provided by the inpatient evaluation and treatment
facility to which continued inpatient care is sought or is in
need of less restrictive alternative treatment found to be in the
best interests of the minor; and
(c) The minor is unwilling or unable in good faith to consent to voluntary treatment.
(10) If the court finds that the minor meets the criteria for
a fourteen-day commitment, the court shall either authorize
commitment of the minor for inpatient treatment or for less
restrictive alternative treatment upon such conditions as are
[Title 71 RCW—page 89]
71.34.750
Title 71 RCW: Mental Illness
necessary. If the court determines that the minor does not
meet the criteria for a fourteen-day commitment, the minor
shall be released.
(11) Nothing in this section prohibits the professional
person in charge of the evaluation and treatment facility from
releasing the minor at any time, when, in the opinion of the
professional person in charge of the facility, further inpatient
treatment is no longer necessary. The release may be subject
to reasonable conditions if appropriate.
Whenever a minor is released under this section, the professional person in charge shall within three days, notify the
court in writing of the release.
(12) A minor who has been committed for fourteen days
shall be released at the end of that period unless a petition for
one hundred eighty-day commitment is pending before the
court. [1985 c 354 § 8. Formerly RCW 71.34.080.]
71.34.750
71.34.750 Petition for one hundred eighty-day commitment—Hearing—Requirements—Findings by
court—Commitment order—Release—Successive commitments. (1) At any time during the minor’s period of fourteen-day commitment, the professional person in charge may
petition the court for an order requiring the minor to undergo
an additional one hundred eighty-day period of treatment.
The evidence in support of the petition shall be presented by
the county prosecutor unless the petition is filed by the professional person in charge of a state-operated facility in
which case the evidence shall be presented by the attorney
general.
(2) The petition for one hundred eighty-day commitment
shall contain the following:
(a) The name and address of the petitioner or petitioners;
(b) The name of the minor alleged to meet the criteria for
one hundred eighty-day commitment;
(c) A statement that the petitioner is the professional person in charge of the evaluation and treatment facility responsible for the treatment of the minor;
(d) The date of the fourteen-day commitment order; and
(e) A summary of the facts supporting the petition.
(3) The petition shall be supported by accompanying
affidavits signed by two examining physicians, one of whom
shall be a child psychiatrist, or by one examining physician
and one children’s mental health specialist. The affidavits
shall describe in detail the behavior of the detained minor
which supports the petition and shall state whether a less
restrictive alternative to inpatient treatment is in the best
interests of the minor.
(4) The petition for one hundred eighty-day commitment
shall be filed with the clerk of the court at least three days
before the expiration of the fourteen-day commitment period.
The petitioner or the petitioner’s designee shall within
twenty-four hours of filing serve a copy of the petition on the
minor and notify the minor’s attorney and the minor’s parent.
A copy of the petition shall be provided to such persons at
least twenty-four hours prior to the hearing.
(5) At the time of filing, the court shall set a date within
seven days for the hearing on the petition. The court may continue the hearing upon the written request of the minor or the
minor’s attorney for not more than ten days. The minor or the
parents shall be afforded the same rights as in a fourteen-day
[Title 71 RCW—page 90]
commitment hearing. Treatment of the minor shall continue
pending the proceeding.
(6) For one hundred eighty-day commitment, the court
must find by clear, cogent, and convincing evidence that the
minor:
(a) Is suffering from a mental disorder;
(b) Presents a likelihood of serious harm or is gravely
disabled; and
(c) Is in need of further treatment that only can be provided in a one hundred eighty-day commitment.
(7) If the court finds that the criteria for commitment are
met and that less restrictive treatment in a community setting
is not appropriate or available, the court shall order the minor
committed for further inpatient treatment to the custody of
the secretary or to a private treatment and evaluation facility
if the minor’s parents have assumed responsibility for payment for the treatment. If the court finds that a less restrictive
alternative is in the best interest of the minor, the court shall
order less restrictive alternative treatment upon such conditions as necessary.
If the court determines that the minor does not meet the
criteria for one hundred eighty-day commitment, the minor
shall be released.
(8) Successive one hundred eighty-day commitments are
permissible on the same grounds and under the same procedures as the original one hundred eighty-day commitment.
Such petitions shall be filed at least five days prior to the
expiration of the previous one hundred eighty-day commitment order. [1985 c 354 § 9. Formerly RCW 71.34.090.]
71.34.760
71.34.760 Placement of minor in state evaluation and
treatment facility—Placement committee—Facility to
report to committee. (1) If a minor is committed for one
hundred eighty-day inpatient treatment and is to be placed in
a state-supported program, the secretary shall accept immediately and place the minor in a state-funded long-term evaluation and treatment facility.
(2) The secretary’s placement authority shall be exercised through a designated placement committee appointed
by the secretary and composed of children’s mental health
specialists, including at least one child psychiatrist who represents the state-funded, long-term, evaluation and treatment
facility for minors. The responsibility of the placement committee will be to:
(a) Make the long-term placement of the minor in the
most appropriate, available state-funded evaluation and treatment facility, having carefully considered factors including
the treatment needs of the minor, the most appropriate facility
able to respond to the minor’s identified treatment needs, the
geographic proximity of the facility to the minor’s family, the
immediate availability of bed space, and the probable impact
of the placement on other residents of the facility;
(b) Approve or deny requests from treatment facilities
for transfer of a minor to another facility;
(c) Receive and monitor reports required under this section;
(d) Receive and monitor reports of all discharges.
(3) The secretary may authorize transfer of minors
among treatment facilities if the transfer is in the best interests of the minor or due to treatment priorities.
(2006 Ed.)
Mental Health Services for Minors
(4) The responsible state-funded evaluation and treatment facility shall submit a report to the department’s designated placement committee within ninety days of admission
and no less than every one hundred eighty days thereafter,
setting forth such facts as the department requires, including
the minor’s individual treatment plan and progress, recommendations for future treatment, and possible less restrictive
treatment. [1985 c 354 § 10. Formerly RCW 71.34.100.]
71.34.770
71.34.770 Release of minor—Conditional release—
Discharge. (1) The professional person in charge of the
inpatient treatment facility may authorize release for the
minor under such conditions as appropriate. Conditional
release may be revoked pursuant to RCW 71.34.780 if leave
conditions are not met or the minor’s functioning substantially deteriorates.
(2) Minors may be discharged prior to expiration of the
commitment period if the treating physician or professional
person in charge concludes that the minor no longer meets
commitment criteria. [1985 c 354 § 12. Formerly RCW
71.34.120.]
71.34.780
71.34.780 Minor’s failure to adhere to outpatient
conditions—Deterioration of minor’s functioning—
Transport to inpatient facility—Order of apprehension
and detention—Revocation of alternative treatment or
conditional release—Hearings. (1) If the professional person in charge of an outpatient treatment program, a *countydesignated mental health professional, or the secretary determines that a minor is failing to adhere to the conditions of the
court order for less restrictive alternative treatment or the
conditions for the conditional release, or that substantial deterioration in the minor’s functioning has occurred, the
*county-designated mental health professional, or the secretary may order that the minor be taken into custody and transported to an inpatient evaluation and treatment facility.
(2) The *county-designated mental health professional
or the secretary shall file the order of apprehension and detention and serve it upon the minor and notify the minor’s parent
and the minor’s attorney, if any, of the detention within two
days of return. At the time of service the minor shall be
informed of the right to a hearing and to representation by an
attorney. The *county-designated mental health professional
or the secretary may modify or rescind the order of apprehension and detention at any time prior to the hearing.
(3) A petition for revocation of less restrictive alternative
treatment shall be filed by the *county-designated mental
health professional or the secretary with the court in the
county ordering the less restrictive alternative treatment. The
court shall conduct the hearing in that county. A petition for
revocation of conditional release may be filed with the court
in the county ordering inpatient treatment or the county
where the minor on conditional release is residing. A petition
shall describe the behavior of the minor indicating violation
of the conditions or deterioration of routine functioning and a
dispositional recommendation. Upon motion for good cause,
the hearing may be transferred to the county of the minor’s
residence or to the county in which the alleged violations
occurred. The hearing shall be held within seven days of the
minor’s return. The issues to be determined are whether the
(2006 Ed.)
71.34.900
minor did or did not adhere to the conditions of the less
restrictive alternative treatment or conditional release, or
whether the minor’s routine functioning has substantially
deteriorated, and, if so, whether the conditions of less restrictive alternative treatment or conditional release should be
modified or whether the minor should be returned to inpatient
treatment. Pursuant to the determination of the court, the
minor shall be returned to less restrictive alternative treatment or conditional release on the same or modified conditions or shall be returned to inpatient treatment. If the minor
is returned to inpatient treatment, RCW 71.34.760 regarding
the secretary’s placement responsibility shall apply. The
hearing may be waived by the minor and the minor returned
to inpatient treatment or to less restrictive alternative treatment or conditional release on the same or modified conditions. [1985 c 354 § 11. Formerly RCW 71.34.110.]
*Reviser’s note: The term "county-designated mental health professional" as defined in RCW 71.34.020 was changed to "designated mental
health professional" by 2006 c 93 § 2.
71.34.790
71.34.790 Transportation for minors committed to
state facility for one hundred eighty-day treatment. Necessary transportation for minors committed to the secretary
under this chapter for one hundred eighty-day treatment shall
be provided by the department in the most appropriate and
cost-effective means. [1985 c 354 § 15. Formerly RCW
71.34.150.]
71.34.795
71.34.795 Transferring or moving persons from
juvenile correctional institutions or facilities to evaluation
and treatment facilities. When in the judgment of the
department the welfare of any person committed to or confined in any state juvenile correctional institution or facility
necessitates that the person be transferred or moved for
observation, diagnosis, or treatment to an evaluation and
treatment facility, the secretary or the secretary’s designee is
authorized to order and effect such move or transfer for a
period of up to fourteen days, provided that the secretary
notifies the original committing court of the transfer and the
evaluation and treatment facility is in agreement with the
transfer. No person committed to or confined in any state
juvenile correctional institution or facility may be transferred
to an evaluation and treatment facility for more than fourteen
days unless that person has been admitted as a voluntary
patient or committed for one hundred eighty-day treatment
under this chapter or ninety-day treatment under chapter
71.05 RCW if eighteen years of age or older. Underlying
jurisdiction of minors transferred or committed under this
section remains with the state correctional institution. A voluntary admitted minor or minors committed under this section and no longer meeting the criteria for one hundred
eighty-day commitment shall be returned to the state correctional institution to serve the remaining time of the underlying dispositional order or sentence. The time spent by the
minor at the evaluation and treatment facility shall be credited towards the minor’s juvenile court sentence. [1985 c 354
§ 19. Formerly RCW 71.34.180.]
71.34.900
71.34.900 Severability—1985 c 354. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
[Title 71 RCW—page 91]
71.34.901
Title 71 RCW: Mental Illness
provision to other persons or circumstances is not affected.
[1985 c 354 § 37.]
71.34.901
71.34.901 Effective date—1985 c 354. This act shall
take effect January 1, 1986. [1985 c 354 § 38.]
Chapter 71.36 RCW
COORDINATION OF CHILDREN’S MENTAL
HEALTH SERVICES
Chapter 71.36
Sections
71.36.005
71.36.010
71.36.020
71.36.030
71.36.040
71.36.900
71.36.901
Intent.
Definitions.
Plan for early periodic screening, diagnosis, and treatment services.
Children’s mental health services delivery system—Local
planning efforts.
Issue identification, data collection, plan revision—Coordination with other state agencies.
Part headings not law—1991 c 326.
Severability—1991 c 326.
71.36.005
71.36.005 Intent. The legislature intends to encourage
the development of community-based interagency collaborative efforts to plan for and provide mental health services to
children in a manner that coordinates existing categorical
children’s mental health programs and funding, is sensitive to
the unique cultural circumstances of children of color, eliminates duplicative case management, and to the greatest extent
possible, blends categorical funding to offer more service
options to each child. [1991 c 326 § 11.]
71.36.010
71.36.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency" means a state or local governmental entity
or a private not-for-profit organization.
(2) "Child" means a person under eighteen years of age,
except as expressly provided otherwise in federal law.
(3) "County authority" means the board of county commissioners or county executive.
(4) "Department" means the department of social and
health services.
(5) "Early periodic screening, diagnosis, and treatment"
means the component of the federal medicaid program established pursuant to 42 U.S.C. Sec. 1396d(r), as amended.
(6) "Regional support network" means a county authority or group of county authorities that have entered into contracts with the secretary pursuant to chapter 71.24 RCW.
(7) "Secretary" means the secretary of social and health
services. [1991 c 326 § 12.]
71.36.020
71.36.020 Plan for early periodic screening, diagnosis, and treatment services. The department, in consultation
with the office of financial management, shall develop a plan
and criteria for the use of early periodic screening, diagnosis,
and treatment services related to mental health that includes
at least the following components:
(1) Criteria for screening and assessment of mental illness and emotional disturbance;
(2) Criteria for determining the appropriate level of medically necessary services a child receives, including but not
[Title 71 RCW—page 92]
limited to development of a multidisciplinary plan of care
when appropriate, and prior authorization for receipt of mental health services;
(3) Qualifications for children’s mental health providers;
(4) Other cost control mechanisms, such as managed
care arrangements and prospective or capitated payments for
mental health services; and
(5) Mechanisms to ensure that federal medicaid matching funds are obtained for services, to the greatest extent
practicable.
In developing the plan, the department shall provide an
opportunity for comment by the major child-serving systems
and regional support networks. The plan shall be submitted
to appropriate committees of the legislature on or before
December 1, 2003. [2003 c 281 § 4; 1991 c 326 § 13.]
Legislative support affirmed—2003 c 281: See note following RCW
71.36.040.
71.36.030
71.36.030 Children’s mental health services delivery
system—Local planning efforts. (1) On or before January
1, 1992, each regional support network, or county authority
in counties that have not established a regional support network, shall initiate a local planning effort to develop a children’s mental health services delivery system.
(2) Representatives of the following agencies or organizations and the following individuals shall participate in the
local planning effort:
(a) Representatives of the department of social and
health services in the following program areas: Children and
family services, medical care, mental health, juvenile rehabilitation, alcohol and substance abuse, and developmental disabilities;
(b) The juvenile courts;
(c) The public health department or health district;
(d) The school districts;
(e) The educational service district serving schools in the
county;
(f) Head start or early childhood education and assistance programs;
(g) Community action agencies; and
(h) Children’s services providers, including minority
mental health providers.
(3) Parents of children in need of mental health services
and parents of children of color shall be invited to participate
in the local planning effort.
(4) The following information shall be developed
through the local planning effort and submitted to the secretary:
(a) A supplement to the county’s January 1, 1991, children’s mental health services report prepared pursuant to
RCW 71.24.049 to include the following data:
(i) The number of children in need of mental health services in the county or counties covered by the local planning
effort, including children in school and children receiving
services through the department of social and health services
division of children and family services, division of developmental disabilities, division of alcohol and substance abuse,
and division of juvenile rehabilitation, grouped by severity of
their mental illness;
(2006 Ed.)
Construction
(ii) The number of such children that are underserved or
unserved and the types of services needed by such children;
and
(iii) The supply of children’s mental health specialists in
the county or counties covered by the local planning effort.
(b) A children’s mental health services delivery plan that
includes a description of the following:
(i) Children that will be served, giving consideration to
children who are at significant risk of experiencing mental
illness, as well as those already experiencing mental illness;
(ii) How appropriate services needed by children served
through the plan will be identified and provided, including
prevention and identification services;
(iii) How a lead case manager for each child will be identified;
(iv) How funding for existing services will be coordinated to create more flexibility in meeting children’s needs.
Such funding shall include the services and programs inventoried pursuant to *RCW 71.36.020(1);
(v) How the children’s mental health delivery system
will incorporate the elements of the early periodic screening,
diagnosis, and treatment services plan developed pursuant to
*RCW 71.36.020(2); and
(vi) How the children’s mental health delivery system
will coordinate with the regional support network information system developed pursuant to RCW 71.24.035(5)(g).
(5) In developing the children’s mental health services
delivery plan, every effort shall be made to reduce duplication in service delivery and promote complementary services
among all entities that provide children’s services related to
mental health.
(6) The children’s mental health services delivery plan
shall address the needs of children of color through at least
the following mechanisms:
(a) Outreach initiatives, services, and modes of service
delivery that meet the unique needs of children of color; and
(b) Services to children of color that are culturally relevant and acceptable, as well as linguistically accessible.
[1991 c 326 § 14.]
*Reviser’s note: RCW 71.36.020 was amended by 2003 c 281 § 4,
deleting subsection (1) and changing subsection (2)(a) through (e) to subsections (1) through (5).
71.36.040
71.36.040 Issue identification, data collection, plan
revision—Coordination with other state agencies. (1) The
legislature supports recommendations made in the August
2002 study of the public mental health system for children
conducted by the joint legislative audit and review committee.
(2) The department shall, within available funds:
(a) Identify internal business operation issues that limit
the agency’s ability to meet legislative intent to coordinate
existing categorical children’s mental health programs and
funding;
(b) Collect reliable mental health cost, service, and outcome data specific to children. This information must be
used to identify best practices and methods of improving fiscal management;
(c) Revise the early periodic screening diagnosis and
treatment plan to reflect the mental health system structure in
(2006 Ed.)
71.98.050
place on July 27, 2003, and thereafter revise the plan as necessary to conform to subsequent changes in the structure.
(3) The department and the office of the superintendent
of public instruction shall jointly identify school districts
where mental health and education systems coordinate services and resources to provide public mental health care for
children. The department and the office of the superintendent
of public instruction shall work together to share information
about these approaches with other school districts, regional
support networks, and state agencies. [2003 c 281 § 2.]
Legislative support affirmed—2003 c 281: "The legislature affirms
its support for: Improving field-level cross-program collaboration and efficiency; collecting reliable mental health cost, service, and outcome data specific to children; revising the early periodic screening diagnosis and treatment plan to reflect the current mental health system structure; and identifying and promulgating the approaches used in school districts where mental
health and education systems coordinate services and resources to provide
public mental health care for children." [2003 c 281 § 1.]
71.36.900
71.36.900 Part headings not law—1991 c 326. Part
headings used in this act do not constitute any part of the law.
[1991 c 326 § 17.]
71.36.901
71.36.901 Severability—1991 c 326. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 326 § 19.]
Chapter 71.98
Chapter 71.98 RCW
CONSTRUCTION
Sections
71.98.010
71.98.020
71.98.030
71.98.040
71.98.050
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
Emergency—1959 c 25.
71.98.010
71.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [1959 c 25 §
71.98.010.]
71.98.020
71.98.020 Title, chapter, section headings not part of
law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of
the law. [1959 c 25 § 71.98.020.]
71.98.030
71.98.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application to
any person or circumstance is held invalid, the remainder of
the title, or the application of the provision to other persons or
circumstances is not affected. [1959 c 25 § 71.98.030.]
71.98.040
71.98.040 Repeals and saving.
71.98.040.
See 1959 c 25 §
71.98.050
[Title 71 RCW—page 93]
71.98.050
Title 71 RCW: Mental Illness
71.98.050 Emergency—1959 c 25. This act is necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1959 c 25 § 71.98.050.]
[Title 71 RCW—page 94]
(2006 Ed.)
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