Seattle City Council Bills and Ordinances
Information modified on October 13, 2017; retrieved on July 15, 2025 10:43 PM
Ordinance 125343
Introduced as Council Bill 118974
Title | |
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AN ORDINANCE relating to housing and building maintenance, amending Seattle Municipal Code Sections 22.202.080, 22.206.020, 22.206.040, 22.206.050, 22.206.080, 22.206.090, 22.206.110, 22.206.130, 22.206.140, 22.206.160, 22.206.170, 22.214.050, and 22.214.086; and amending Ordinance 124011. |
Description and Background | |
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Current Status: | Passed |
Fiscal Note: | Fiscal Note to Council Bill No. 118974 |
Legislative History | |
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Sponsor: | Rob Johnson | tr>
Committee Referral: | Planning, Land Use, and Zoning |
Committee Action Date: | June 20, 2017 |
Committee Recommendation: | Pass as Amended |
Committee Vote: | 2(Johnson, Herbold)-0 |
City Council Action Date: | July 10, 2017 |
City Council Action: | Passed |
City Council Vote: | 9-0 |
Date Delivered to Mayor: | July 12, 2017 |
Date Signed by Mayor: (About the signature date) | July 14, 2017 |
Date Filed with Clerk: | July 14, 2017 |
Signed Copy: | PDF scan of Ordinance No. 125343 |
Text | |
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CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________ AN ORDINANCE relating to housing and building maintenance, amending Seattle Municipal Code Sections 22.202.080, 22.206.020, 22.206.040, 22.206.050, 22.206.080, 22.206.090, 22.206.110, 22.206.130, 22.206.140, 22.206.160, 22.206.170, 22.214.050, and 22.214.086; and amending Ordinance 124011. WHEREAS, the safety and maintenance of rental housing are City priorities, as represented by the Housing and Building Maintenance Code and the Rental Registration and Inspection Ordinance; and WHEREAS, the City Council directed the Seattle Department of Construction and Inspections to convene stakeholders to identify opportunities to improve the auditing of private qualified rental housing inspectors performing inspections under the Rental Registration and Inspection Ordinance; and WHEREAS, rental property inspections by both City and private qualified rental housing inspectors should be conducted in a consistent manner to ensure that safety or maintenance conditions are not missed; and WHEREAS, the Section 59.18.125 of the Revised Code of Washington (RCW) sets the framework for rental registration programs, which includes a requirement for private inspectors to submit inspection results to the local municipality; and WHEREAS, three years of experience with the Rental Registration and Inspection Ordinance has shown a need for more conformity with the safety and maintenance requirements of the Housing and Building Maintenance Code; and WHEREAS, the dangers of lead paint were not widely understood when the Housing and Building Maintenance Code was drafted, and it contains no standards for remediation of lead hazards; and WHEREAS, the requirements for carbon monoxide alarms now exist in state law but are not addressed in the Housing and Building Maintenance Code, and requirements for smoke detectors have become more stringent; and WHEREAS, many other provisions relating to housing safety and security have not been significantly updated in the Housing and Building Maintenance Code since 1987, and building and residential code standards have changed during that time period, making many standards and references out of date; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. Section 22.202.080 of the Seattle Municipal Code, last amended by Ordinance 125054, is amended as follows: 22.202.080 Documentation of notices
All written notices required by Chapter s 22.200 through 22.208 to be provided to or served on tenants by property owners, or on property owners by tenants, shall be documented in such a manner as to confirm the date on which the notice
was received. The use of email is allowed for written notices required under (( Section 2. Section 22.206.020 of the Seattle Municipal Code, last amended by Ordinance 115671, is amended as follows:
22.206.020 Floor area ((
A. Every dwelling unit shall have at least one ((
B. No habitable room except a kitchen may be less than ((
C. Every room used for sleeping purposes, including an SRO unit, shall have not less than ((
D. In a dormitory, minimum floor area shall be ((
E. The required floor area square footage of all dwelling units, dormitories, and SRO units shall not include built-in equipment which extends from the floor to (( Section 3. Section 22.206.040 of the Seattle Municipal Code, last amended by Ordinance 123546, is amended as follows: 22.206.040 Light and ventilation
A. Every habitable room in a housing unit shall have a window or windows providing natural light with an area of not less than 8 percent of the floor area of the room, but in no event shall such area be less than 10 square feet;
provided, that an approved system of artificial light compliant with current Seattle Building Code standards may be used in lieu of the window or windows required ((
B. Every habitable room in a housing unit and every laundry room shall have natural ventilation from an exterior opening with an area ((
C. Every bathroom and water closet compartment shall be provided with natural ventilation by means of exterior openings with an area not less than five percent ((
D. For the purpose of determining light and ventilation requirements, any room may be considered a portion of an adjoining room if (( E. Required exterior openings for natural light or natural ventilation shall open directly onto a street or public alley, or a yard or court adjacent to the required exterior opening; provided, that required exterior openings may open onto a roofed porch where the porch: 1. Abuts a street, yard , or court; and
2. Has a ceiling height of not less than ((
3. Is at least ((
F. Every yard, court, street , or alley having required windows facing thereon shall be not less than (( Section 4. Section 22.206.050 of the Seattle Municipal Code, last amended by Ordinance 115671, is amended as follows: 22.206.050 Sanitation
A. Dwelling Units. Every dwelling unit shall contain a toilet, a ((
B. Hotels. Every hotel that does not provide private toilets, ((
C. Other Buildings. Every building, other than a hotel, containing housing units that do not have private toilets, (( D. Kitchens. Every dwelling unit shall have a kitchen. Every kitchen shall have an approved kitchen sink with at least 30 inches of floor space in front , hot and cold running water, counter work-space, and cabinets for storage of cooking utensils and dishes. A kitchen shall also have approved cooking appliances and refrigeration facilities or adequate space and approved gas or electric hookups for their installation. All cooking appliances and refrigeration facilities shall be maintained in a safe and good working condition by the owner or furnisher of the appliance. Unapproved cooking appliances shall be prohibited. Splash backs and countertops shall have an impervious surface.
E. Fixtures. All plumbing fixtures shall be trapped and vented and connected to an approved sanitary sewer or to an approved private sewage disposal system. All toilets shall be flush type and in good working order. Every discharge opening of
the spout of a water supply outflow (faucet) shall be not less than ((
F. Water Supply. There shall be an approved system of water supply, providing both hot and cold running water. Hot water for the required kitchen sink, (( G. Maintenance. All sanitary facilities, fixtures, equipment, structures, and premises, including gas piping and temperature pressure relief valves , shall be maintained in a safe and sanitary condition, and in good working order.
H. Fuel Shutoff Valves. An approved accessible shutoff valve shall be installed in the fuel-supply piping outside of each appliance and ahead of the union connection thereto, and in addition to any valve on the appliance. Shutoff valves shall
be within (( Section 5. Subchapter II of Chapter 22.206 of the Seattle Municipal Code is amended as follows: Subchapter II Minimum Structural and Maintenance Standards
* * * Section 6. Section 22.206.080 of the Seattle Municipal Code, last amended by Ordinance 115671, is amended as follows: 22.206.080 Maintenance
A. Every foundation, roof, exterior wall, door, skylight, window, and all building components shall be reasonably (( B. All appurtenant structures, floors, floor coverings, interior walls , and ceilings shall be kept in a safe, sound , and sanitary condition and in good repair.
C. Any repair or removal of asbestos materials shall comply with regulations of the Environmental Protection Agency and the Puget Sound Clean Air ((
D. Painted interior surfaces must be maintained free from peeling and chipping and other deterioration. In any structure built before 1978, removal, repair, or other disturbance of painted surfaces must comply with the lead-based paint
provisions of Revised Code of Washington, Chapter 70.103 RCW, and associated regulations in the Washington Administrative Code, Chapter 365-230 WAC, including appropriate management and disposal of dust and debris and use of a certified individual
qualified to paint, renovate, and repair areas containing lead-based paint. In any structure built before 1978, if a damaged surface is more than 2 square feet in area per room or equivalent or more than 10 percent of the total surface area of a
component such as a windowsill or window frame, the Director may require documentation that any work was done by a certified individual. Use of a certified individual for repairs to a surface with deteriorated paint is not required if a report from a
laboratory accredited under the National Lead Laboratory Accreditation Program certifies that lead levels do not exceed maximum allowable levels under state and federal law. The report must specify the specific location or locations at the site that
correlate to the test results.
((
((
((
((
(( Section 7. Section 22.206.090 of the Seattle Municipal Code, last amended by Ordinance 123546, is amended as follows: 22.206.090 Heating
A. Minimum ((
B. (( Section 8. Section 22.206.110 of the Seattle Municipal Code, last amended by Ordinance 115671, is amended as follows:
22.206.110 Electrical equipment (( A. All electrical equipment, wiring , and appliances shall be of an approved type, installed in accordance with applicable provisions of the Seattle Electrical Code in effect at the time of installation, unless otherwise specified in this Code,1 and safely maintained. Every dwelling unit must have access to its electrical panel.
B. Every habitable room, except kitchens, shall be provided with not less than two ((
C. Every kitchen shall be provided with not less than three ((
D. Every toilet room, bathroom, laundry room, furnace room, public hallway, porch, and flight of stairs between stories shall contain at least one (( 1 Editor’s note-The Electrical Code is codified in Subtitle III of this Title. Section 9. Section 22.206.130 of the Seattle Municipal Code, last amended by Ordinance 123546, is amended as follows: 22.206.130 Requirements
A. Stair s and ((
1. All stairs, except stairs to inaccessible service areas, exterior stairs on grade and winding, circular , or spiral stairs , shall have a minimum run of 10 inches and a maximum rise of (( 2. All stairs, including exterior stairs on grade and winding, circular , and spiral stairs , shall be in good repair and shall be configured for safe use and travel. 3. Every stairway having more than three risers, except stairs to inaccessible service areas, shall have at least one handrail of an easily grasped size and shape mounted not less than 34 inches or more than 38 inches above the tread nose. The ends of the handrail must either be returned or end in newel posts or safety terminals.
4. A landing having minimum horizontal dimension of (( 5. Every required stairway shall have headroom clearance of not less than 6 feet 8 inches measured vertically from the nearest tread nose to the nearest soffit. 6. Stairs or ladders within an individual dwelling unit used to gain access to intermediate floor areas of less than 400 square feet and not containing the primary bathroom or kitchen are exempt from the requirements of this subsection 22.206.130. A.
B. Number of ((
1. Occupied floors containing one ((
a. Housing units may have a single exit if located on a second floor that has an occupant load of not more than ten (( b. A housing unit may have a single exit if the exit leads directly to a street, alley, other public right-of-way , or yard: i. At ground level, or ii. By way of an exterior stairway, or
iii. By way of an enclosed stairway with a fire-resistant rating of one ((
c. Housing units above the first floor or in a basement may have one (( i. An approved automatic fire-sprinkler system is provided for exit ways and common areas in the building, or
ii. Built to the single exit requirements (( 2. Floors other than those containing housing units shall meet the exit standards of the building code in effect when the building, structure , or premises was constructed or, if altered, rehabilitated , or repaired, shall meet the exit standards in effect when the floor was altered, rehabilitated , or repaired.
3. If two ((
C. Stairway (( 1. The standards for stairway enclosures are as follows:
a. The walls of all portions of a stairway enclosure shall be at least one ((
i. Existing partitions forming part of a stairway enclosure shall be permitted in lieu of (( ii. Existing wainscoting and other decorative woodwork that was lawful at the time of installation is permitted if it is coated with an approved fire-retardant.
b. Each opening onto a stairway enclosure shall be protected by a self-closing fire door and latching assembly providing fire-resistance equivalent to that provided by a solid wood door and assembly at least (( 2. Stairway enclosures need not meet the above standards if: a. A lawfully installed automatic fire-extinguishing system is provided for all corridors, stairs , and common areas within the building;
b. The stairway enclosure connects to only two (( c. The stairway enclosure is in a dwelling unit.
D. Fire Escapes. An existing fire escape that is structurally sound may be used as one ((
E. Corridors, (( 1. Corridors shall have a fire-resistance not less than that of wood lath and plaster that is not cracked, loose, or broken.
2. Existing dead-end corridors longer than ((
3. Exit doors shall be self-closing, self-latching, and when serving an occupant load of (( 4. Exit doors shall be openable from the inside without the use of a key or other special device, knowledge , or effort.
5. All doors opening into a corridor, and not included as part of a stairway enclosure , shall be of solid wood at least ((
6. Transoms and openings other than doors, from corridors to rooms shall be fixed closed and shall be covered with a minimum of (( 7. Gravity-closing metal overhead or pocket doors in an exit path shall be removed or shall be permanently secured in the open position.
8. All corridor walls, floors and ceilings shall be of one ((
F. Exit Signs. Every exit doorway or change of direction of a corridor shall be marked with a well-lighted exit sign or placard having green, legible letters at least ((
G. Enclosure of ((
1. Elevator shafts and other vertical openings shall be protected with construction as required for stairway enclosures in subsection 22.206.130. C . 1 or by fixed wire-glass set in steel frames, or by
assemblies that comply with Chapter 7 of the ((
2. Doors on vertical openings shall be of solid wood at least ((
H. Separation of ((
I. Guardrails. A guardrail shall be provided whenever walking surfaces, including stairs, are ((
J. Emergency ((
1. Every room below the fourth story that was constructed for, converted to , or established for sleeping purposes after August 10, 1972, shall have at least ((
2. Emergency escape windows and doors shall not open into an area without a means of escape. The emergency escape window or door shall be operable from the inside to provide a full clear opening without the use of separate tools. All
emergency escape windows shall have a minimum net clear opening of 5.7 square feet. The minimum net clear openable height dimension shall be ((
3. Every room below the fourth story used for sleeping purposes that had on January 1, 1990 , an operable window or door that met the requirements of Section 1204 of the 1985 Seattle Building Code adopted by Ordinance
s 113700 and 113701, (( K. Bars, grilles, grates , or similar devices may be installed on emergency escape windows or doors, provided: 1. Such devices are equipped with approved release mechanisms that are openable from the inside without the use of a key or special knowledge or effort; and 2. The building is equipped with smoke detectors and carbon monoxide alarms as required by this Code.
L. (( Section 10. Section 22.206.140 of the Seattle Municipal Code, last amended by Ordinance 115671, is amended as follows:
22.206.140 Requirements (( A. The following requirements shall apply to housing units and buildings which contain housing units, except detached single-family dwellings, to provide a reasonable security from criminal actions to the permanent and transient occupants thereof and to their possessions.
1. All building entrance doors, except building entrance doors which open directly into a single housing unit, shall be self-closing, self-locking, and equipped with a deadlatch with at least a ((
2. All building entrance doors, other than a main entrance door which opens into a common area, shall be solid or, if provided with glazed openings, shall have wire or grilles to prevent operation of the door latch from outside by hand
or instrument. Main entrance doors which open into a common area may be framed or unframed nonshattering glass or framed (( 3. When garage-to-exterior doors are equipped with an electrically operated remote control device for opening and closing, garage-to-building doors need not be self-locking. When either the garage-to-exterior doors or garage-to-building doors are equipped for self-closing and self-locking, the other need not be so equipped.
4. Entrance doors from interior corridors to individual housing units shall not have glass openings and shall be capable of resisting forcible entry equal to a single-panel or ((
5. Every entrance door to an individual housing unit shall have a dead bolt or deadlatch with at least a ((
6. Every entrance door to an individual housing unit, other than transparent doors, shall have a visitor-observation port , which port shall not impair the fire-resistance of the door. Observation ports shall be installed
at a height of not less than (( 7. In all leased or rented housing units in buildings other than hotels and other multi-unit buildings having transient occupancies, lock mechanisms and keys shall be changed at owner’s expense upon a change of tenancy, except that such change of locks and keys will not be required where an approved proprietary key system is used. 8. All building entrance doors shall be openable from the interior without use of keys. 9. Doors to storage, maintenance , and building service rooms shall be self-closing and self-locking. 10. Dead bolts or other approved locking devices shall be provided on all sliding patio doors and installed so that the mounting screws for the lock cases are inaccessible from the outside.
11. Openable windows shall be equipped with operable inside latching devices, except that this requirement shall not apply to any window whose sill is located ((
12. Where private baths and toilets are not provided in each housing unit, doors to community toilets and bathrooms shall be self-closing, and in lieu of a self-locking device, may be equipped with a dead bolt having a minimum one-inch
((
13. Windows may be located adjacent to and within the wall plane of a building entrance door, but if located within (( B. The following requirements shall apply to detached single-family dwellings to provide reasonable security from criminal actions to the permanent and transient occupants thereof and to their possessions.
1. Building entrance doors shall be capable of locking and shall be equipped with a dead bolt or deadlatch with at least a ((
2. Windows may be located adjacent to and within the wall plane of an entrance door, but if located within (( 3. Garage-to-exterior doors may be equipped with a remote-control electrically operated opening and closing device in lieu of a deadlatch. When garage-to-exterior doors are equipped with such remote-control devices, garage-to-building doors need not be locking.
4. Every entrance door shall have a visitor-observation port of glass side light. Observation ports shall be installed at a height of not less than ((
5. Dead-bolts or other approved locking devices shall be provided on all sliding patio doors and openable windows and shall be installed so that the mounting screws for the lock cases are inaccessible from the outside, except that locks
shall not be required on any window whose sill is located ten (( C. Subject to approval by the Director, alternate security devices may be substituted for those required herein if the devices are equally capable of resisting illegal entry, and installation of the devices does not conflict with the requirements of this Code or the requirements of other ordinances regulating safe exits. Section 11. Section 22.206.160 of the Seattle Municipal Code, last amended by Ordinance 124919, is amended as follows: 22.206.160 Duties of owners A. It shall be the duty of all owners, regardless of any lease provision or other agreement that purports to transfer the owner’s responsibilities hereunder to an operator, manager , or tenant, to: 1. Remove all garbage, rubbish , and other debris from the premises; 2. Secure any building which became vacant against unauthorized entry as required by Section 22.206.200 of this Code; 3. Exterminate insects, rodents , and other pests which are a menace to public health, safety , or welfare. Compliance with the Director’s Rule governing the extermination of pests shall be deemed compliance with this subsection 22.206.160.A. 3; 4. Remove from the building or the premises any article, substance , or material imminently hazardous to the health, safety , or general welfare of the occupants or the public, or which may substantially contribute to or cause deterioration of the building to such an extent that it may become a threat to the health, safety , or general welfare of the occupants or the public; 5. Remove vegetation and debris as required by Section 10.52.030; 6. Lock or remove all doors and/or lids on furniture used for storage, appliances, and furnaces which are located outside an enclosed, locked building or structure;
7. Maintain the building and equipment in compliance with the minimum standards specified in Sections 22.206.010 through 22.206.140 and in a safe condition, except for maintenance duties specifically imposed in (( 8. Affix and maintain the street number to the building in a conspicuous place over or near the principal street entrance or entrances or in some other conspicuous place. This provision shall not be construed to require numbers on either appurtenant buildings or other buildings or structures where the Director finds that the numbering is not appropriate. Numbers shall be easily legible, in contrast with the surface upon which they are placed. Figures shall be no less than 2 inches high;
9. Maintain the building in compliance with the requirements of Section ((
10. Comply with any emergency order issued by the Department of Construction and Inspections; ((
11. Furnish tenants with keys for the required locks on their respective housing units and building entrance doors ; (( 12. Maintain electricity, water, and gas (if provided) service equipment for each dwelling unit in good working order. B. It shall be the duty of all owners of buildings that contain rented housing units, regardless of any lease provision or other agreement that purports to transfer the owner’s responsibilities hereunder to an operator, manager , or tenant, to: 1. Maintain in a clean and sanitary condition the shared areas, including yards and courts, of any building containing two or more housing units; 2. Supply enough garbage cans or other approved containers of sufficient size to contain all garbage disposed of by such tenants;
3. Maintain heat in all ((
4. Install smoke detectors on the ceiling or on the wall not less than 4 inches nor more than 12 inches from the ceiling at a point or points centrally located in a corridor , (( 5. Install carbon monoxide alarms outside each sleeping room and on each level of the dwelling unit, and inside any sleeping room that contains a fuel-burning appliance or fireplace, and test carbon monoxide alarms when each housing unit becomes vacant;
((
(( C. Just cause eviction
1. Pursuant to provisions of the ((
* * *
2. Any rental agreement provision which waives or purports to waive any right, benefit or entitlement created by this subsection ((
* * * Section 12. Section 22.206.170 of the Seattle Municipal Code, last amended by Ordinance 113545, is amended as follows:
22.206.170 Duties of tenants (( It shall be the duty of every tenant to: A. Maintain in a clean and sanitary condition the part or parts of the building and the premises occupied or controlled by the tenant; B. Store and dispose of all garbage and rubbish in a clean, sanitary , and safe manner in garbage cans or other approved containers provided by the owner; C. Comply with reasonable requests of the owner for the prevention or elimination of infestation, including granting reasonable access for extermination or preventive measures by the owner; D. Exercise reasonable care in the use and operation of electrical and plumbing fixtures and maintain all sanitary facilities, fixtures , and equipment in a clean and sanitary condition; E. Within a reasonable time, repair or pay for the reasonable cost of repair of all damage to the building caused by the negligent or intentional act of the tenant or the invitees or licensees of the tenant; F. Grant reasonable access to the owner of the building for the purpose of inspection by the Director, or maintenance or repairs by the owner in the performance of any duty imposed on the owner by this Code; G. Refrain from placing or storing in the building or on the premises thereof any article, substance , or material imminently dangerous to the health, safety , or general welfare of any occupant thereof or of the public, or which may substantially contribute to or cause deterioration of the building; and H. Test according to the manufacturer’s recommendations and keep in good working condition , including replacing batteries if needed, all smoke detectors and carbon monoxide alarms in the dwelling unit required by law. Section 13. Section 22.214.050 of the Seattle Municipal Code, last amended by Ordinance 124312, is amended as follows: 22.214.050 Inspection and certificate of compliance required
A. The Department shall periodically select , from registered properties containing rental housing units, the properties that shall be inspected by a qualified rental housing inspector for certification of compliance. The
property selection process shall be based on a random methodology adopted by rule, and shall include at least ten percent of all registered rental properties per year. Newly (( B. The Department shall ensure that all properties registered under this Chapter 22.214 shall be inspected at least once every ten years, or as otherwise allowed or required by any federal, state, or city code. In addition, at least ten percent of properties whose prior inspections are more than five years old shall be reinspected each year. The Director shall by rule determine the method of selecting properties for reinspection.
C. If the Department receives a complaint regarding a rental housing unit regulated under this program, the Department shall request that an interior inspection of the rental housing unit identified in the complaint be conducted by a
Department inspector using the general authority, process, and standards of the full Housing and Building Maintenance Code, Chapters 22.200 through 22.208 of the Seattle Municipal Code. If, after inspecting the rental housing unit the Department
received the complaint on, the Department determines the rental housing unit violates the standards in subsection 22.214.050.M and causes the rental housing unit to fail inspection under this Chapter 22.214, the Director may require that any other
rental housing units covered under the same registration on the property be inspected following the procedures of this (( D. If a property subject to this Chapter 22.214 has within two years preceding the adoption of this Chapter 22.214 been subject to two or more notices of violation or one or more emergency orders of the Director for violating the standards in Chapters 22.200 through 22.208 of the Seattle Municipal Code where enforced compliance was achieved by the Department or the violation upheld in a final court decision, the rental property shall be selected for inspection during 2015 or within the first year of required inspections, consistent with the provisions of subsections 22.214.050.E through 22.214.050.M. E. A certificate of compliance shall be issued by a qualified rental housing inspector, based upon the inspector’s physical inspection of the interior and exterior of the rental housing units, and the inspection shall be conducted not more than 60 days prior to the certificate of compliance date.
F. The certificate of compliance , (( 1. Certify compliance with the standards as required by this Chapter 22.214 for each rental housing unit that was inspected; 2. State the date of the inspection and the name, address, and telephone number of the qualified rental housing inspector who performed the inspection; 3. State the name, address, and telephone number of the property owner or owner’s agent; and 4. Contain a statement that the qualified rental housing inspector personally inspected all rental housing units listed on the certificate of compliance. G. Inspection of rental housing units for a certificate of compliance according to subsections 22.214.050.A and 22.214.050.B shall be accomplished as follows:
1. In buildings that contain more than one rental housing unit, a property owner may choose to (( a. For buildings containing 20 or fewer rental housing units, a minimum of two units are required to be inspected; or b. For buildings containing more than 20 rental housing units, 15 )) 20 percent of the rental housing units, rounded up to the nearest whole number, are required to be inspected, up to a maximum of 50 rental housing units in each building. 2. The Department shall select the rental housing units to be inspected under this Section 22.214.050 using a methodology adopted by rule. 3. If a rental housing unit selected by the Department fails the inspection, the Department may require that up to 100 percent of the rental housing units in the building where the unit that failed inspection is located be inspected for a certificate of compliance according to this Section 22.214.050 . The Department shall use the following criteria to determine when additional units shall be inspected: a. If two or more rental housing units selected for inspection, or twenty percent or more of the inspected units, whichever is greater, fail the inspection due to not meeting the same checklist item(s) required by subsection 22.214.050.L, an additional 20 percent of the units on the property, rounded up to the nearest whole number, shall be inspected. If any of the additional rental housing units selected for inspection fail the inspection due to the same condition(s), 100 percent of the units in the building shall be inspected. b. If any single rental housing unit selected for inspection has five or more failures of different checklist items required by subsection 22.214.050.L, an additional 20 percent of units on the property, rounded up to the nearest whole number, shall be inspected. If any of the additional rental housing units selected for inspection also contain five or more failures, 100 percent of the units in the building shall be inspected. c. If the Director determines that an inspection failure in any rental housing unit selected for inspection indicates potential maintenance or safety issues in other units in the building, the Director may require that up to 100 percent of units be inspected. The Director may by rule determine additional criteria and methods for selecting additional units for inspection.
H. Notice of inspection to tenants (( 1. After the Department selects the rental housing units to be inspected, and the Department has provided written notice to the owner or owner’s agent of the units to be inspected, the owner or owner’s agent shall, prior to any scheduled inspection, provide at least two days ’ advance written notice to all tenants residing in all rental housing units on the property advising the tenants that: a. Some , or all , of the rental housing units will be inspected. If only a sample of the units will be inspected , the notice shall identify the rental housing units to be inspected; b. A qualified rental housing inspector will enter the rental housing unit for purposes of performing an inspection according to this Chapter 22.214;
c. The inspection will occur on a specifically (( d. A tenant shall not unreasonably withhold consent for the owner or owner’s agent to enter the property as provided in RCW 59.18.150; e. The tenant has the right to see the inspector’s identification before the inspector enters the rental housing unit; f. At any time a tenant may request, in writing to the owner or owner’s agent, that repairs or maintenance actions be undertaken in his or her unit; and g. If the owner or owner’s agent fails to adequately respond to the request for repairs or maintenance at any time, the tenant may contact the Department about the rental housing unit’s conditions without fear of retaliation or reprisal. 2. The contact information for the Department as well as the right of a tenant to request repairs and maintenance shall be prominently displayed on the notice of inspections provided under this subsection 22.214.050.H. 3. The owner or owner’s agent shall provide a copy of the notice of inspection to the qualified rental housing inspector on or before the day of the inspection.
I. A rental housing property shall not be selected for inspection under subsection 22.214.050.A within five years of completing the inspection requirement and obtaining a certificate of compliance , ((
J. If a rental property owner chooses to hire a private qualified rental housing inspector and a selected unit of the rental property fails the initial inspection, both the results of the initial inspection and any certificate of
compliance must be provided to the Department. The Department shall audit inspection results and certificates of compliance prepared by private qualified rental housing inspectors . ((
K. Nothing in this ((
L. A ((
M. The following requirements of the Housing and Building Maintenance Code shall be included in the ((
1. The minimum floor area standards for a habitable room contained in (( 2. The minimum sanitation standards contained in the following sections: a. Subsection 22.206.050.A. Subsection 22.206.050.A shall only apply to a single room occupancy unit if the unit has a bathroom as part of the unit; b. Subsection 22.206.050.D. Subsection 22.206.050.D shall only apply to a single room occupancy unit if the unit has a kitchen; c. Subsection 22.206.050.E; d. Subsection 22.206.050.F; e. Subsection 22.206.050.G; and f. If a housing unit shares a kitchen or bathroom, the shared kitchen or bathroom shall be inspected as part of the unit inspection.
3. The minimum structural standards contained in ((
4. The minimum sheltering standards contained in (( 5. The minimum maintenance standards contained in the following subsections:
a. (( b. Subsection 22.206.080.B; c. Subsection 22.206.080.C; d. Subsection 22.206.080.D.
6. The minimum heating standards contained in ((
7. The minimum ventilation standards contained in ((
8. The minimum electrical standards contained in (( 9. The minimum standards for mechanical equipment contained in Section 22.206.120;
11. The minimum standards for security contained in Section 22.206.140 ;
((
((
((
(( 16. The requirement to provide carbon monoxide alarms contained in subsection 22.206.160.B.5. Section 14. Section 22.214.086 of the Seattle Municipal Code, last amended by Ordinance 124312, is amended as follows: 22.214.086 Penalties A. In addition to the remedies available according to Sections 22.214.080 and 22.214.085, and any other remedy available at law or in equity, the following penalties shall be imposed for violating this Chapter 22.214: 1. Any person or entity violating or failing to comply with any requirement of this Chapter 22.214 or rule adopted under this Chapter 22.214 shall be subject to a cumulative civil penalty of $150 per day for the first ten days the violation or failure to comply exists and $500 per day for each day thereafter. A separate violation exists for each day there is a violation of or failure to comply with any requirement of this Chapter 22.214 or rule adopted under this Chapter 22.214.
2. Any person or entity that knowingly submits or assists in submitting a falsified certificate of compliance, or knowingly submits falsified information upon which a certificate of compliance is issued, shall be subject to a penalty of
$5,000 in addition to the penalties provided for in subsection ((
B. When the Director has issued a notice of violation according to Section 22.214.080, a property owner may ((
* * * Section 15. Section 17 of Ordinance 124011 is amended as follows:
Section 17. Beginning in 2014, the Department of ((
A. The status of rental property registration ((
B. The ((
C. The ((
D. Whether the fee s associated with the ((
E. The (( F. The extent to which the civil warrant process has been used; and
G. The extent to which audits of private qualified rental housing inspectors have occurred (( Section 16. Section 18 of Ordinance 124011 is amended as follows:
Section 18. At least (( Section 17. The City Council requests that the Seattle Department of Construction and Inspections (SDCI) prepare recommendations to adjust the RRIO registration and inspection fees before the first RRIO registration renewals begin in 2019. When considering adjustments to the program fees, SDCI shall evaluate if any imbalances in the current or proposed fee structure exist for small landlords, and make adjustments to address any identified inequalities. Any adjustments should ensure that the fees cover the cost of administering the RRIO program. Section 18. Tenants shall receive (1) an RRIO inspection completion notice stating whether their unit passed or failed the inspection; (2) contact information for SDCI’s Code Compliance Division if the tenant(s) have questions or concerns; and (3) a survey to tenants on the RRIO inspection process. Section 19. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of its application to any person or circumstance, does not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances. Section 20. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020. Passed by the City Council the ________ day of _________________________, 2017, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2017. ____________________________________ President ____________ of the City Council Approved by me this ________ day of _________________________, 2017. ____________________________________ Edward B. Murray, Mayor Filed by me this ________ day of _________________________, 2017. ____________________________________ Monica Martinez Simmons, City Clerk (Seal) |
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