RCW 35.21.760
Legal interns
—
Employment authorized.
Notwithstanding any other provision of law, the city attorney, corporation counsel, or other chief legal officer of any city or town may employ legal interns as otherwise authorized by statute or court rule.
[
1974 ex.s. c 7 s 1
.]
RCW 35.21.762
Urban emergency medical service districts
—
Creation authorized in city or town with territory in two counties.
The council of a city or town that has territory included in two counties may adopt an ordinance creating an urban emergency medical service district in all of the portion of the city or town that is located in one of the two counties if: (1) The county in which the urban emergency medical service district is located does not impose an emergency medical service levy authorized under RCW 84.52.069
; and (2) the other county in which the city or town is located does impose an emergency medical service levy authorized under RCW 84.52.069
. The ordinance creating the district may only be adopted after a public hearing has been held on the creation of the district and the council makes a finding that it is in the public interest to create the district. The members of the city or town council, acting in an ex officio capacity and independently, shall compose the governing body of the urban emergency medical service district. The voters of an urban emergency medical service district shall be all registered voters residing within the urban emergency medical service district.
An urban emergency medical service district shall be a quasi-municipal corporation and an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution. Urban emergency medical service districts shall also be "taxing districts" within the meaning of Article VII, section 2 of the state Constitution.
An urban emergency medical service district shall have the authority to contract under chapter
39.34
RCW with a county, city, town, fire protection district, public hospital district, or emergency medical service district to have emergency medical services provided within its boundaries.
Territory located in the same county as an urban emergency medical service district that is annexed by the city or town must automatically be annexed to the urban emergency medical service district.
[
1994 c 79 s 1
.]
NOTES:
Levy for emergency medical care and services: RCW 84.52.069
.
RCW 35.21.765
Fire protection, ambulance or other emergency services provided by municipal corporation within county
—
Financial and other assistance by county authorized.
See RCW 36.32.470
.
RCW 35.21.766
Ambulance services
—
Establishment authorized.
(1) Whenever a regional fire protection service authority determines that the fire protection jurisdictions that are members of the authority are not adequately served by existing private ambulance service, the governing board of the authority may by resolution provide for the establishment of a system of ambulance service to be operated by the authority as a public utility or operated by contract after a call for bids.
(2) The legislative authority of any city or town may establish an ambulance service to be operated as a public utility. However, the legislative authority of the city or town shall not provide for the establishment of an ambulance service utility that would compete with any existing private ambulance service, unless the legislative authority of the city or town determines that the city or town, or a substantial portion of the city or town, is not adequately served by an existing private ambulance service. In determining the adequacy of an existing private ambulance service, the legislative authority of the city or town shall take into consideration objective generally accepted medical standards and reasonable levels of service which shall be published by the city or town legislative authority. The decision of the city council or legislative body shall be a discretionary, legislative act. When it is preliminarily concluded that the private ambulance service is inadequate, before issuing a call for bids or before the city or town establishes an ambulance service utility, the legislative authority of the city or town shall allow a minimum of sixty days for the private ambulance service to meet the generally accepted medical standards and reasonable levels of service. In the event of a second preliminary conclusion of inadequacy within a twenty-four month period, the legislative authority of the city or town may immediately issue a call for bids or establish an ambulance service utility and is not required to afford the private ambulance service another sixty-day period to meet the generally accepted medical standards and reasonable levels of service. Nothing in chapter 482, Laws of 2005 is intended to supersede requirements and standards adopted by the department of health. A private ambulance service which is not licensed by the department of health or whose license is denied, suspended, or revoked shall not be entitled to a sixty-day period within which to demonstrate adequacy and the legislative authority may immediately issue a call for bids or establish an ambulance service utility.
(3) The city or town legislative authority is authorized to set and collect rates and charges in an amount sufficient to regulate, operate, and maintain an ambulance utility. Prior to setting such rates and charges, the legislative authority must determine, through a cost-of-service study, the total cost necessary to regulate, operate, and maintain the ambulance utility. Total costs shall not include capital cost for the construction, major renovation, or major repair of the physical plant. Once the legislative authority determines the total costs, the legislative authority shall then identify that portion of the total costs that are attributable to the availability of the ambulance service and that portion of the total costs that are attributable to the demand placed on the ambulance utility.
(a) Availability costs are those costs attributable to the basic infrastructure needed to respond to a single call for service within the utility's response criteria. Availability costs may include costs for dispatch, labor, training of personnel, equipment, patient care supplies, and maintenance of equipment.
(b) Demand costs are those costs that are attributable to the burden placed on the ambulance service by individual calls for ambulance service. Demand costs shall include costs related to frequency of calls, distances from hospitals, and other factors identified in the cost-of-service study conducted to assess burdens imposed on the ambulance utility.
(4) A city or town legislative authority is authorized to set and collect rates and charges as follows:
(a) The rate attributable to costs for availability described under subsection (3)(a) of this section shall be uniformly applied across user classifications within the utility;
(b) The rate attributable to costs for demand described under subsection (3)(b) of this section shall be established and billed to each utility user classification based on each user classification's burden on the utility;
(c) The fee charged by the utility shall reflect a combination of the availability cost and the demand cost;
(d)(i) Except as provided in (d)(ii) of this subsection, the combined rates charged shall reflect an exemption for persons who are medicaid eligible and who reside in a nursing facility, assisted living facility, adult family home, or receive in-home services. The combined rates charged may reflect an exemption or reduction for designated classes consistent with Article VIII, section 7 of the state Constitution. The amounts of exemption or reduction shall be a general expense of the utility, and designated as an availability cost, to be spread uniformly across the utility user classifications.
(ii) For cities with a population less than two thousand five hundred that established an ambulance utility before May 6, 2004, the combined rates charged may reflect an exemption or reduction for persons who are medicaid eligible, and for designated classes consistent with Article VIII, section 7 of the state Constitution;
(e)(i) Except as provided in (e)(ii) of this subsection (4), the legislative authority must continue to allocate at least seventy percent of the total amount of general fund revenues expended, as of May 5, 2004, toward the total costs necessary to regulate, operate, and maintain the ambulance service utility. However, cities or towns that operated an ambulance service before May 6, 2004, and commingled general fund dollars and ambulance service dollars, may reasonably estimate that portion of general fund dollars that were, as of May 5, 2004, applied toward the operation of the ambulance service, and at least seventy percent of such estimated amount must then continue to be applied toward the total cost necessary to regulate, operate, and maintain the ambulance utility. Cities and towns which first established an ambulance service utility after May 6, 2004, must allocate, from the general fund or emergency medical service levy funds, or a combination of both, at least an amount equal to seventy percent of the total costs necessary to regulate, operate, and maintain the ambulance service utility as of May 5, 2004, or the date that the utility is established.
(ii) After January 1, 2012, the legislative authority may allocate general fund revenues toward the total costs necessary to regulate, operate, and maintain the ambulance service utility in an amount less than required by (e)(i) of this subsection (4). However, before making any reduction to the general fund allocation, the legislative authority must hold a public hearing, preceded by at least thirty days' notice provided in each ratepayer's utility bill, at which the legislative authority must allow for public comment and present:
(A) The utility's most recent cost of service study;
(B) A summary of the utility's current revenue sources;
(C) A proposed budget reflecting the reduced allocation of general fund revenues;
(D) Any proposed change to utility rates; and
(E) Any anticipated impact to the utility's level of service;
(f) The legislative authority must allocate available emergency medical service levy funds, in an amount proportionate to the percentage of the ambulance service costs to the total combined operating costs for emergency medical services and ambulance services, towards the total costs necessary to regulate, operate, and maintain the ambulance utility;
(g) The legislative authority must allocate all revenues received through direct billing to the individual user of the ambulance service to the demand-related costs under subsection (3)(b) of this section;
(h) The total revenue generated by the rates and charges shall not exceed the total costs necessary to regulate, operate, and maintain an ambulance utility; and
(i) Revenues generated by the rates and charges must be deposited in a separate fund or funds and be used only for the purpose of paying for the cost of regulating, maintaining, and operating the ambulance utility.
(5) Ambulance service rates charged pursuant to this section do not constitute taxes or charges under RCW 82.02.050
through
82.02.090, or
35.21.768, or charges otherwise prohibited by law.
[
2012 c 10 s 39
;
2011 c 139 s 1
;
2005 c 482 s 2
;
2004 c 129 s 34
;
1975 1st ex.s. c 24 s 1
.]
NOTES:
Application
—
2012 c 10:
See note following RCW 18.20.010
.
Finding
—
Intent
—
2005 c 482:
"The legislature finds that ambulance and emergency medical services are essential services and the availability of these services is vital to preserving and promoting the health, safety, and welfare of people in local communities throughout the state. All persons, businesses, and industries benefit from the availability of ambulance and emergency medical services, and survival rates can be increased when these services are available, adequately funded, and appropriately regulated. It is the legislature's intent to explicitly recognize local jurisdictions' ability and authority to collect utility service charges to fund ambulance and emergency medical service systems that are based, at least in some part, upon a charge for the availability of these services." [
2005 c 482 s 1
.]
Ambulance services by counties authorized: RCW 36.01.100
.
RCW 35.21.7661
Study and review of ambulance utilities.
The joint legislative audit and review committee shall study and review ambulance utilities established and operated by cities under chapter 482, Laws of 2005. The committee shall examine, but not be limited to, the following factors: The number and operational status of utilities established under chapter 482, Laws of 2005; whether the utility rate structures and user classifications used by cities were established in accordance with generally accepted utility rate-making practices; and rates charged by the utility to the user classifications. The committee shall provide a final report on this review by December 2007.
[
2005 c 482 s 3
.]
NOTES:
Finding
—
Intent
—
2005 c 482:
See note following RCW 35.21.766
.
RCW 35.21.768
Ambulance services
—
Excise taxes authorized
—
Use of proceeds.
The legislative authority of any city or town is authorized to adopt ordinances for the levy and collection of excise taxes and/or for the imposition of an additional tax for the act or privilege of engaging in the ambulance business. Such business and occupation tax shall be imposed in such amounts as fixed and determined by the legislative authority.
The excise taxes other than the business and occupation tax authorized by this section shall be levied and collected from all persons, businesses, and industries who are served and billed for said ambulance service owned and operated or contracted for by the city or town in such amounts as shall be fixed and determined by the legislative authority of the city or town.
All taxes authorized pursuant to this section shall be construed to be taxes other than a retail sales tax defined in chapter
82.08
RCW and a use tax defined in chapter
82.12
RCW, and the city or town shall appropriate and use the proceeds derived from all taxes authorized by this section only for the operation, maintenance and capital needs of its municipally owned, operated, leased or contracted for ambulance service.
[
1975 1st ex.s. c 24 s 2
.]
RCW 35.21.769
Levy for emergency medical care and services.
See RCW 84.52.069
.
RCW 35.21.770
Members of legislative bodies authorized to serve as volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers.
Notwithstanding any other provision of law, the legislative body of any city or town, by resolution adopted by a two-thirds vote of the full legislative body, may authorize any of its members to serve as volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers, or two or more of such positions, and to receive the same compensation, insurance, and other benefits as are applicable to other volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers employed by the city or town.
[
1997 c 65 s 1
;
1993 c 303 s 1
;
1974 ex.s. c 60 s 1
.]
RCW 35.21.772
Fire department volunteers
—
Holding public office
—
Definitions.
(1) Except as otherwise prohibited by law, a volunteer member of any fire department who does not serve as fire chief for the department may be:
(a) A candidate for elective public office and serve in that public office if elected; or
(b) Appointed to any public office and serve in that public office if appointed.
(2) For purposes of this section, "volunteer" means a member of any fire department who performs voluntarily any assigned or authorized duties on behalf of or at the direction of the fire department without receiving compensation or consideration for performing such duties.
(3) For purposes of this section, "compensation" and "consideration" do not include any benefits the volunteer may have accrued or is accruing under chapter
41.24
RCW.
[
2006 c 211 s 1
.]
RCW 35.21.775
Provision of fire protection services to state-owned facilities.
Subject to the provisions of RCW 35.21.779, whenever a city or town has located within its territorial limits facilities, except those leased to a nontax-exempt person or organization, owned by the state or an agency or institution of the state, the state or agency or institution owning such facilities and the city or town may contract for an equitable share of fire protection services for the protection and safety of personnel and property, pursuant to chapter
39.34
RCW, as now or hereafter amended. Nothing in this section shall be construed to require the state, or any state agency or institution, to contract for services which are performed by the staff and equipment of such an entity or by a fire protection district pursuant to RCW 52.30.020
.
[
1992 c 117 s 4
;
1985 c 6 s 4
;
1984 c 230 s 82
;
1983 c 146 s 1
;
1979 ex.s. c 102 s 1
.]
NOTES:
Findings
—
1992 c 117:
"The legislature finds that certain state-owned facilities and institutions impose a financial burden on the cities and towns responsible for providing fire protection services to those state facilities. The legislature endeavors pursuant to chapter 117, Laws of 1992, to establish a process whereby cities and towns that have a significant share of their total assessed valuation taken up by state-owned facilities can enter into fire protection contracts with state agencies or institutions to provide a share of the jurisdiction's fire protection funding." [
1992 c 117 s 3
.]
RCW 35.21.778
Existing contracts for fire protection services and equipment not abrogated.
Nothing in chapter 117, Laws of 1992, shall be interpreted to abrogate existing contracts for fire protection services and equipment, nor be deemed to authorize cities and towns to negotiate additional contractual provisions to apply prior to the expiration of such existing contracts. Upon expiration of contracts negotiated prior to March 31, 1992, future contracts between such cities and towns and state agencies and institutions shall be governed by the provisions of RCW 35.21.775
and
35.21.779
.
[
1992 c 117 s 5
.]
NOTES:
Findings
—
1992 c 117:
See note following RCW 35.21.775
.
RCW 35.21.779
Fire protection services for state-owned facilities
—
Contracts with the department of commerce
—
Consolidation of negotiations with multiple state agencies
—
Arbitration.
(1) In cities or towns where the estimated value of state-owned facilities constitutes ten percent or more of the total assessed valuation, the state agency or institution owning the facilities shall contract with the city or town to pay an equitable share for fire protection services. The contract shall be negotiated as provided in subsections (2) through (6) of this section and shall provide for payment by the agency or institution to the city or town.
(2) A city or town seeking to enter into fire protection contract negotiations shall provide written notification to the department of commerce and the state agencies or institutions that own property within the jurisdiction, of its intent to contract for fire protection services. Where there are multiple state agencies located within a single jurisdiction, a city may choose to notify only the department of commerce, which in turn shall notify the agencies or institution that own property within the jurisdiction of the city's intent to contract for fire protection services. Any such notification shall be based on the valuation procedures, based on commonly accepted standards, adopted by the department of commerce in consultation with the department of enterprise services and the association of Washington cities.
(3) The department of commerce shall review any such notification to ensure that the valuation procedures and results are accurate. The department will notify each affected city or town and state agency or institution of the results of their review within thirty days of receipt of notification.
(4) The parties negotiating fire protection contracts under this section shall conduct those negotiations in good faith. Whenever there are multiple state agencies located within a single jurisdiction, every effort shall be made by the state to consolidate negotiations on behalf of all affected agencies.
(5) In the event of notification by one of the parties that an agreement cannot be reached on the terms and conditions of a fire protection contract, the director of the department of commerce shall mediate a resolution of the disagreement. In the event of a continued impasse, the director of the department of commerce shall recommend a resolution.
(6) If the parties reject the recommendation of the director and an impasse continues, the director shall direct the parties to arbitration. The parties shall agree on a neutral arbitrator, and the fees and expenses of the arbitrator shall be shared equally between the parties. The arbitration shall be a final offer, total arbitration, with the arbitrator empowered only to pick the final offer of one of the parties or the recommended resolution by the director of the department of commerce. The decision of the arbitrator shall be final, binding, and nonappealable on the parties.
(7) The provisions of this section shall not apply if a city or town and a state agency or institution have contracted pursuant to RCW 35.21.775
.
(8) The provisions of this section do not apply to cities and towns not meeting the conditions in subsection (1) of this section. Cities and towns not meeting the conditions of subsection (1) of this section may enter into contracts pursuant to RCW 35.21.775
.
[
2015 c 225 s 29
;
1995 c 399 s 39
;
1992 c 117 s 6
.]
NOTES:
Findings
—
1992 c 117:
See note following RCW 35.21.775
.
RCW 35.21.780
Laws, rules and regulations applicable to cities five hundred thousand or over deemed applicable to cities four hundred thousand or over.
On and after June 12, 1975, every law and rule or regulation of the state or any agency thereof which immediately prior to June 12, 1975 related to cities of five hundred thousand population or over shall be deemed to be applicable to cities of four hundred thousand population or over.
[
1975 c 33 s 1
.]
NOTES:
Severability
—
1975 c 33:
"If any provision of this 1975 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [
1975 c 33 s 7
.]
RCW 35.21.790
Revision of corporate boundary within street, road, or highway right-of-way by substituting right-of-way line
—
Not subject to review.
(1) The governing bodies of a county and any city or town located therein may by agreement revise any part of the corporate boundary of the city or town which coincides with the centerline, edge, or any portion of a public street, road or highway right-of-way by substituting therefor a right-of-way line of the same public street, road or highway so as fully to include or fully to exclude that segment of the public street, road or highway from the corporate limits of the city or town.
(2) The revision of a corporate boundary as authorized by this section shall become effective when approved by ordinance of the city or town council or commission and by ordinance or resolution of the county legislative authority. Such a boundary revision is not subject to potential review by a boundary review board.
[
1989 c 84 s 10
;
1975 1st ex.s. c 220 s 17
.]
NOTES:
Legislative finding, intent
—
1975 1st ex.s. c 220:
See note following RCW 35.02.170
.
Boundary line adjustment: RCW 35.13.300
through
35.13.330
.
Use of right-of-way line as corporate boundary in incorporation proceeding
—
When right-of-way may be included in territory to be incorporated: RCW 35.02.170
.
When right-of-way may be included in territory to be incorporated
—
Use of right-of-way line as corporate boundary in annexation: RCW 35.13.290
.
RCW 35.21.800
Foreign trade zones
—
Legislative finding, intent.
It is the finding of the legislature that foreign trade zones serve an important public purpose by the creation of employment opportunities within the state and that the establishment of zones designed to accomplish this purpose is to be encouraged. It is the further intent of the legislature that the department of trade and economic development provide assistance to entities planning to apply to the United States for permission to establish such zones.
[
1985 c 466 s 43
;
1977 ex.s. c 196 s 3
.]
NOTES:
Effective date
—
Severability
—
1985 c 466:
See notes following RCW 43.31.125
.
Effective date
—
1977 ex.s. c 196:
See note following RCW 24.46.010
.
RCW 35.21.805
Foreign trade zones
—
Authority to apply for permission to establish, operate and maintain.
A city or town, as zone sponsor, may apply to the United States for permission to establish, operate, and maintain foreign trade zones: PROVIDED, That nothing herein shall be construed to prevent these zones from being operated and financed by a private corporation(s) on behalf of a city or town acting as zone sponsor.
[
1977 ex.s. c 196 s 4
.]
NOTES:
Effective date
—
1977 ex.s. c 196:
See note following RCW 24.46.010
.
RCW 35.21.810
Hydroplane races
—
Providing for restrooms and other services in public parks for spectators
—
Admission fees
—
Authorized.
Any city or town may provide restrooms and other services in its public parks to be used by spectators of any hydroplane race held on a lake or river which is located adjacent to or within the city or town, and in addition any city or town may charge admission fees for persons to observe a hydroplane race from public park property which is sufficient to defray the costs of the city or town accommodating spectators, cleaning up after the race, and other costs related to the hydroplane race. Any city or town may authorize the organization which sponsors a hydroplane race to provide restroom and other services for the public on park property and may authorize the organization to collect any admission fees charged by the city or town.
[
1979 c 26 s 1
.]
RCW 35.21.815
Hydroplane races
—
Levying of admission charges declared public park purpose
—
Reversion prohibited.
It is hereby declared to be a legitimate public park purpose for any city or town to levy an admission charge for spectators to view hydroplane races from park property. Property which has been conveyed to a city or town by the state for exclusive use in the city's or town's public park system or exclusively for public park, parkway, and boulevard purposes shall not revert to the state upon the levying of admission fees authorized in RCW 35.21.810
.
[
1979 c 26 s 2
.]
RCW 35.21.820
Acquisition and disposal of vehicles for commuter ride sharing by city employees.
The power of any city, town, county, other municipal corporation, or quasi municipal corporation to acquire, hold, use, possess, and dispose of motor vehicles for official business shall include, but not be limited to, the power to acquire, hold, use, possess, and dispose of motor vehicles for commuter ride sharing by its employees, so long as such use is economical and advantageous to the city, town, county, other municipal corporation.
[
1979 c 111 s 11
.]
NOTES:
Severability
—
1979 c 111:
See note following RCW 46.74.010
.
Ride sharing: Chapter
46.74
RCW.
RCW 35.21.830
Controls on rent for residential structures
—
Prohibited
—
Exceptions.
The imposition of controls on rent is of statewide significance and is preempted by the state. No city or town of any class may enact, maintain, or enforce ordinances or other provisions which regulate the amount of rent to be charged for single-family or multiple-unit residential rental structures or sites other than properties in public ownership, under public management, or properties providing low-income rental housing under joint public-private agreements for the financing or provision of such low-income rental housing. This section shall not be construed as prohibiting any city or town from entering into agreements with private persons which regulate or control the amount of rent to be charged for rental properties.
[
1981 c 75 s 1
.]
NOTES:
Applicability to floating home moorage sites
—
1981 c 75:
"Nothing in this act shall be construed to preempt local ordinances that relate to the control of rents or other relationships at floating home moorage sites." [
1981 c 75 s 3
.]
Severability
—
1981 c 75:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1981 c 75 s 4
.]
RCW 35.21.840
Taxation of motor carriers of freight for hire
—
Allocation of gross receipts.
The following principles shall allocate gross receipts of a motor carrier of freight for hire (called the "motor carrier" in this section) to prevent multiple taxation by two or more municipalities. They shall apply when two or more municipalities in this state impose a license fee or tax for the act or privilege of engaging in business activities; each municipality has a basis in local activity for imposing its tax; and the gross receipts measured by all taxing municipalities, added together, exceed the motor carrier's gross receipts.
(1) No municipality shall be entitled to an allocation of the gross receipts of a motor carrier on account of the use of its streets or highways when no pickup or delivery occurs therein.
(2) Gross receipts of a motor carrier derived within a municipality, where it solicits orders and engages in business activities that are a significant factor in holding the market but where it maintains no office or terminal, shall be allocated equally between the municipality providing the local market and the municipality where the motor carrier's office or terminal is located. Where no such local solicitation and business activity occurs, all the gross receipts shall be allocated to the municipality where the office or terminal is located irrespective of the place of pickup or delivery. The word "terminal" means a location at which any three of the following four occur: Dispatching takes place, from which trucks operate or are serviced, personnel report and receive assignments, and orders are regularly received from the public.
(3) Gross receipts of a motor carrier that are not attributable to transportation services, such as investment income, truck repair, and rental of equipment, shall be allocated to the office or terminal conducting such activities.
(4) Gross receipts of a motor carrier with an office or terminal in two or more municipalities in this state shall be allocated to the office or terminal at which the transportation services commenced.
[
1982 c 169 s 1
.]
NOTES:
Applicability
—
1982 c 169:
"This act applies to motor carriers of freight for hire only. Nothing in this act applies to a person engaged in the business of making sales at retail or wholesale or of providing storage services for tangible personal property." [
1982 c 169 s 4
.]
Motor freight carriers: Chapter
81.80
RCW.
Municipal business and occupation tax authorized: RCW 35.95.040
.
RCW 35.21.845
Taxation of motor carriers of freight for hire
—
Tax allocation formula.
A motor carrier of freight for hire whose gross receipts are subject to multiple taxation by two or more municipalities in this state may request and thereupon shall be given a joint audit of the taxpayer's books and records by all of the taxing authorities seeking to tax all or part of such gross receipts. Such taxing authorities shall agree upon and establish a tax allocation formula which shall be binding upon the taxpayer and the taxing authorities participating in the audit or receiving a copy of such request from the taxpayer. Payment by the taxpayer of the taxes to each taxing authority in accordance with such tax allocation formula shall be a complete defense in any action by any taxing authority to recover additional taxes, interest, and/or penalties. A taxing municipality, whether or not a party to such joint audit, may seek a revision of the formula by giving written notice to each other taxing municipality concerned and the taxpayer. Any such revision as may be agreed upon by the taxing municipalities, or as may be decreed by a court of competent jurisdiction in an action initiated by one or more taxing authorities, shall apply only to gross receipts of the taxpayer received after the date of any such agreed revision or effective date of the judgment or order of any such court.
[
1982 c 169 s 2
.]
NOTES:
Applicability
—
1982 c 169:
See note following RCW 35.21.840
.
RCW 35.21.850
Taxation of motor carriers of freight for hire
—
Limitation
—
Exceptions.
No demand for a fee or tax or penalty shall be made by a city or town against a motor carrier of freight for hire on gross income derived from providing transportation services more than four years after the close of the year in which the same accrued except (1) against a taxpayer who has been guilty of fraud or misrepresentation of a material fact; or (2) where a taxpayer has executed a written waiver of such limitations; or (3) against a taxpayer who has not registered as required by the ordinance of the city or town imposing such tax or fee, provided this subsection shall not apply to a taxpayer who has registered in any city or town where the taxpayer maintains an office or terminal, or in the case of a taxpayer who has paid a license fee or tax based on such gross receipts to any city or town levying same which may reasonably be construed to be the principal market of the taxpayer but in which he or she maintains no office or terminal.
[
2009 c 549 s 2043
;
1982 c 169 s 3
.]
NOTES:
Applicability
—
1982 c 169:
See note following RCW 35.21.840
.
RCW 35.21.851
Taxation of chamber of commerce, similar business for operation of parking/business improvement area.
(1) A city shall not impose a gross receipts tax on amounts received by a chamber of commerce or other similar business association for administering the operation of a parking and business improvement area within the meaning of RCW 35.87A.110
.
(2) For the purposes of this section, the following definitions apply:
(a) "Gross receipts tax" means a tax measured by gross proceeds of sales, gross income of the business, or value proceeding or accruing.
(b) "City" includes cities, code cities, and towns.
[
2005 c 476 s 2
.]
RCW 35.21.855
Taxation of intellectual property creating activities
—
Gross receipts tax prohibited
—
Exceptions.
(1) A city may not impose a gross receipts tax on intellectual property creating activities.
(2) A city may impose a gross receipts tax measured by gross receipts from royalties only on taxpayers domiciled in the city. For the purposes of this section, "royalties" does not include gross receipts from casual or isolated sales as defined in RCW 82.04.040, grants, capital contributions, donations, or endowments.
(3) This section does not prohibit a city from imposing a gross receipts tax measured by the value of products manufactured in the city merely because intellectual property creating activities are involved in the design or manufacturing of the products. An intellectual property creating activity shall not constitute an activity defined within the meaning of the term "to manufacture" under chapter
82.04
RCW.
(4) This section does not prohibit a city from imposing a gross receipts tax measured by the gross proceeds of sales made in the city merely because intellectual property creating activities are involved in creation of the articles sold.
(5) This section does not prohibit a city from imposing a gross receipts tax measured by the gross income received for services rendered in the city merely because intellectual property creating activities are some part of services rendered.
(6) A tax in effect on January 1, 2002, is not subject to this section until January 1, 2004.
(7) The definitions in this subsection apply to this section.
(a) "Gross receipts tax" means a tax measured by gross proceeds of sales, gross income of the business, or value proceeding or accruing.
(b) "City" includes cities, code cities, and towns.
(c) "Domicile" means the principal place from which the trade or business of the taxpayer is directed and managed. A taxpayer has only one domicile.
(d) "Intellectual property creating activity" means research, development, authorship, creation, or general or specific inventive activity without regard to whether the intellectual property creating activity actually results in the creation of patents, trademarks, trade secrets, subject matter subject to copyright, or other intellectual property.
(e) "Manufacture," "gross proceeds of sales," "gross income of the business," "value proceeding or accruing," and "royalties" have the same meanings as under chapter
82.04
RCW.
(f) "Value of products" means the value of products as determined under RCW 82.04.450
.
[
2003 c 69 s 1
.]
RCW 35.21.860
Electricity, telephone, or natural gas business, service provider
—
Franchise fees prohibited
—
Exceptions.
(1) No city or town may impose a franchise fee or any other fee or charge of whatever nature or description upon the light and power, or gas distribution businesses, as defined in RCW 82.16.010, or telephone business, as defined in RCW 82.16.010, or service provider for use of the right-of-way, except:
(a) A tax authorized by RCW 35.21.865
may be imposed;
(b) A fee may be charged to such businesses or service providers that recovers actual administrative expenses incurred by a city or town that are directly related to receiving and approving a permit, license, and franchise, to inspecting plans and construction, or to the preparation of a detailed statement pursuant to chapter
43.21C
RCW;
(c) Taxes permitted by state law on service providers;
(d) Franchise requirements and fees for cable television services as allowed by federal law; and
(e) A site-specific charge pursuant to an agreement between the city or town and a service provider of personal wireless services acceptable to the parties for:
(i) The placement of new structures in the right-of-way regardless of height, unless the new structure is the result of a mandated relocation in which case no charge will be imposed if the previous location was not charged;
(ii) The placement of replacement structures when the replacement is necessary for the installation or attachment of wireless facilities, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the wireless facility is more than sixty feet; or
(iii) The placement of personal wireless facilities on structures owned by the city or town located in the right-of-way. However, a site-specific charge shall not apply to the placement of personal wireless facilities on existing structures, unless the structure is owned by the city or town.
A city or town is not required to approve the use permit for the placement of a facility for personal wireless services that meets one of the criteria in this subsection absent such an agreement. If the parties are unable to agree on the amount of the charge, the service provider may submit the amount of the charge to binding arbitration by serving notice on the city or town. Within thirty days of receipt of the initial notice, each party shall furnish a list of acceptable arbitrators. The parties shall select an arbitrator; failing to agree on an arbitrator, each party shall select one arbitrator and the two arbitrators shall select a third arbitrator for an arbitration panel. The arbitrator or arbitrators shall determine the charge based on comparable siting agreements involving public land and rights-of-way. The arbitrator or arbitrators shall not decide any other disputed issues, including but not limited to size, location, and zoning requirements. Costs of the arbitration, including compensation for the arbitrator's services, must be borne equally by the parties participating in the arbitration and each party shall bear its own costs and expenses, including legal fees and witness expenses, in connection with the arbitration proceeding.
(2) Subsection (1) of this section does not prohibit franchise fees imposed on an electrical energy, natural gas, or telephone business, by contract existing on April 20, 1982, with a city or town, for the duration of the contract, but the franchise fees shall be considered taxes for the purposes of the limitations established in RCW 35.21.865
and
35.21.870
to the extent the fees exceed the costs allowable under subsection (1) of this section.
[
2014 c 118 s 2
;
2007 c 6 s 1020
;
2000 c 83 s 8
;
1983 2nd ex.s. c 3 s 39
;
1982 1st ex.s. c 49 s 2
.]
NOTES:
Part headings not law
—
Savings
—
Effective date
—
Severability
—
2007 c 6:
See notes following RCW 82.32.020
.
Findings
—
Intent
—
2007 c 6:
See note following RCW 82.14.390
.
Construction
—
Severability
—
Effective dates
—
1983 2nd ex.s. c 3:
See notes following RCW 82.04.255
.
Intent
—
Construction
—
Effective date
—
Fire district funding
—
1982 1st ex.s. c 49:
See notes following RCW 35.21.710
.
"Service provider" defined: RCW 35.99.010
.
RCW 35.21.865
Electricity, telephone, or natural gas business
—
Limitations on tax rate changes.
No city or town may change the rate of tax it imposes on the privilege of conducting an electrical energy, natural gas, or telephone business which change applies to business activities occurring before the effective date of the change, and no rate change may take effect before the expiration of sixty days following the enactment of the ordinance establishing the change except as provided in RCW 35.21.870
.
[
1983 c 99 s 4
;
1982 1st ex.s. c 49 s 3
.]
NOTES:
Intent
—
Construction
—
Effective date
—
Fire district funding
—
1982 1st ex.s. c 49:
See notes following RCW 35.21.710
.
RCW 35.21.870
Electricity, telephone, natural gas, or steam energy business
—
Tax limited to six percent
—
Exception.
(1) No city or town may impose a tax on the privilege of conducting an electrical energy, natural gas, steam energy, or telephone business at a rate which exceeds six percent unless the rate is first approved by a majority of the voters of the city or town voting on such a proposition.
(2)(a) If a city or town is imposing a rate of tax under subsection (1) of this section in excess of six percent on April 20, 1982, the city or town must decrease the rate to a rate of six percent or less by reducing the rate each year on or before November 1st by ordinances to be effective on January 1st of the succeeding year, by an amount equal to one-tenth the difference between the tax rate on April 20, 1982, and six percent.
(b) Nothing in this subsection prohibits a city or town from reducing its rates by amounts greater than the amounts required in this subsection.
(3) Voter approved rate increases under subsection (1) of this section may not be included in the computations under this subsection.
(4) No city or town may impose a tax on the privilege of conducting a natural gas business with respect to sales that are exempt from the tax imposed under chapter
82.16
RCW as provided in RCW 82.16.310
at a rate higher than its business and occupation tax rate on the sale of tangible personal property or, if the city or town does not impose a business and occupation tax on the sale of tangible personal property, at a rate greater than .002.
[
2014 c 216 s 306
;
1984 c 225 s 6
;
1983 c 99 s 5
;
1982 1st ex.s. c 49 s 4
.]
NOTES:
Effective date
—
Findings
—
Tax preference performance statement
—
2014 c 216:
See notes following RCW 82.38.030
.
Rules
—
1984 c 225:
"The department of revenue shall adopt rules as necessary to implement this act." [
1984 c 225 s 7
.]
Intent
—
Construction
—
Effective date
—
Fire district funding
—
1982 1st ex.s. c 49:
See notes following RCW 35.21.710
.
RCW 35.21.871
Tax on telephone business
—
Deferral of rate reduction.
A city or town required by RCW 35.21.870
(2) to reduce its rate of taxation on telephone business may defer for one year the required reduction in rates for the year 1987. If the delay in rate reductions authorized by the preceding sentence is inadequate for a city or town to offset the impact of revenue reductions arising from the removal of revenues from connecting fees, switching charges, or carrier access charges under the provisions of RCW 35.21.714, then the legislative body of such city or town may reimpose for 1987 the rates that such city or town  had in effect upon telephone business during 1985. In each succeeding year, the city or town shall reduce the rate by one-tenth of the difference between the tax rate on April 20, 1982, and six percent.
[
1986 c 70 s 3
.]
RCW 35.21.873
Procedure to correct erroneous mobile telecommunications service tax.
If a customer believes that an amount of city tax or an assignment of place of primary use or taxing jurisdiction included on a billing for mobile telecommunications services is erroneous, the customer shall notify the home service provider in writing. The customer shall include in this written notification the street address for the customer's place of primary use, the account name and number for which the customer seeks a correction, and a description of the error asserted by the customer. Within sixty days of receiving a notice under this section, the home service provider shall review its records and the electronic database or enhanced zip code used pursuant to RCW 82.32.490
and
82.32.495
to determine the customer's taxing jurisdiction. The home service provider shall notify the customer in writing of the results of its review.
The procedures in this section shall be the first remedy available to customers seeking correction of assignment of place of primary use or taxing jurisdiction, or a refund of or other compensation for taxes, charges, and fees erroneously collected by the home service provider, and no cause of action based upon a dispute arising from such taxes, charges, or fees shall accrue to the extent otherwise permitted by law until a customer has reasonably exercised the rights and procedures set forth in this section.
[
2002 c 67 s 16
.]
NOTES:
Finding
—
Effective date
—
2002 c 67:
See notes following RCW 82.04.530
.
RCW 35.21.875
Designation of official newspaper.
Each city and town shall designate an official newspaper by resolution. The newspaper shall be of general circulation in the city or town and have the qualifications prescribed by chapter
65.16
RCW.
[
1985 c 469 s 99
.]
RCW 35.21.880
Right-of-way donations
—
Credit against required improvements.
Where the zoning and planning provisions of a city or town require landscaping, parking, or other improvements as a condition to granting permits for commercial or industrial developments, the city or town may credit donations of right-of-way in excess of that required for traffic improvement against such landscaping, parking, or other requirements.
[
1987 c 267 s 7
.]
NOTES:
Right-of-way donations: Chapter
47.14
RCW.
RCW 35.21.890
Boundary changes
—
Providing factual information
—
Notice to boundary review board.
A city or town may provide factual information on the effects of a proposed boundary change on the city or town and the area potentially affected by the boundary change. A statement that the city or town has such information available, and copies of any printed materials or information available to be provided to the public shall be filled [filed] with the boundary review board for the board's information.
[
1989 c 84 s 70
.]
RCW 35.21.895
Regulation of automatic number or location identification
—
Prohibited.
No city or town may enact or enforce an ordinance or regulation mandating automatic number identification or automatic location identification for a private telecommunications system or for a provider of private shared telecommunications services.
[
1995 c 243 s 6
.]
NOTES:
Findings
—
Severability
—
1995 c 243:
See notes following RCW 80.36.555
.
RCW 35.21.897
Mobile home, manufactured home, or park model moving or installing
—
Copies of permits
—
Definitions.
(1) A city or town shall transmit a copy of any permit issued to a tenant or the tenant's agent for a mobile home, manufactured home, or park model installation in a mobile home park to the landlord.
(2) A city or town shall transmit a copy of any permit issued to a person engaged in the business of moving or installing a mobile home, manufactured home, or park model in a mobile home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW 59.20.030
;
(b) "Mobile home park" has the same meaning as in RCW 59.20.030
;
(c) "Mobile or manufactured home installation" has the same meaning as in *RCW 43.63B.010
; and
(d) "Tenant" has the same meaning as in RCW 59.20.030
.
[
1999 c 359 s 18
.]
NOTES:
*Reviser's note:
RCW 43.63B.010
was recodified as RCW 43.22A.010
pursuant to
2007 c 432 s 13
.
Effective date
—
1999 c 359:
See RCW 59.20.901
.
RCW 35.21.900
Authority to transfer real property.
Cities are authorized to transfer real property pursuant to RCW 43.83.400
and
43.83.410
.
[
2015 1st sp.s. c 4 s 27
;
2006 c 35 s 10
.]
NOTES:
Findings
—
2006 c 35:
See note following RCW 43.83.400
.
RCW 35.21.905
Consultation with public utilities for water-sewer facility relocation projects.
Cities shall, in the predesign phase of construction projects involving relocation of sewer and/or water facilities, consult with public utilities operating water/sewer systems in order to coordinate design.
[
2007 c 31 s 5
.]
RCW 35.21.910
Community athletics programs
—
Sex discrimination prohibited.
The antidiscrimination provisions of RCW 49.60.500
apply to community athletics programs and facilities operated, conducted, or administered by a city or town.
[
2009 c 467 s 4
.]
NOTES:
Findings
—
Declarations
—
2009 c 467:
See note following RCW 49.60.500
.
RCW 35.21.913
Comprehensive cancer care collaborative arrangements
—
Prohibition on regulation as state agency.
No city or town may enact, enforce, or maintain an ordinance, regulation, or rule that regulates or otherwise treats a comprehensive cancer center participating in a collaborative arrangement as defined in RCW 28B.10.930
that is operated in conformance with RCW 28B.10.930
as a state agency. Such a comprehensive cancer center is still subject to ordinances, regulations, and rules that are generally applicable in nature.
[
2022 c 71 s 4
.]
NOTES:
Findings
—
Intent
—
2022 c 71:
See note following RCW 28B.10.930
.
RCW 35.21.915
Hosting the homeless by religious organizations
—
When authorized
—
Requirements
—
Prohibitions on local actions.
(1) A religious organization may host the homeless on property owned or controlled by the religious organization whether within buildings located on the property or elsewhere on the property outside of buildings.
(2) Except as provided in subsection (7) of this section, a city or town may not enact an ordinance or regulation or take any other action that:
(a) Imposes conditions other than those necessary to protect public health and safety and that do not substantially burden the decisions or actions of a religious organization regarding the location of housing or shelter, such as an outdoor encampment, indoor overnight shelter, temporary small house on-site, or vehicle resident safe parking, for homeless persons on property owned or controlled by the religious organization;
(b) Requires a religious organization to obtain insurance pertaining to the liability of a municipality with respect to homeless persons housed on property owned by a religious organization or otherwise requires the religious organization to indemnify the municipality against such liability;
(c) Imposes permit fees in excess of the actual costs associated with the review and approval of permit applications. A city or town has discretion to reduce or waive permit fees for a religious organization that is hosting the homeless;
(d) Specifically limits a religious organization's availability to host an outdoor encampment on its property or property controlled by the religious organization to fewer than six months during any calendar year. However, a city or town may enact an ordinance or regulation that requires a separation of time of no more than three months between subsequent or established outdoor encampments at a particular site;
(e) Specifically limits a religious organization's outdoor encampment hosting term to fewer than four consecutive months;
(f) Limits the number of simultaneous religious organization outdoor encampment hostings within the same municipality during any given period of time. Simultaneous and adjacent hostings of outdoor encampments by religious organizations may be limited if located within one thousand feet of another outdoor encampment concurrently hosted by a religious organization;
(g) Limits a religious organization's availability to host safe parking efforts at its on-site parking lot, including limitations on any other congregationally sponsored uses and the parking available to support such uses during the hosting, except for limitations that are in accord with the following criteria that would govern if enacted by local ordinance or memorandum of understanding between the host religious organization and the jurisdiction:
(i) No less than one space may be devoted to safe parking per ten on-site parking spaces;
(ii) Restroom access must be provided either within the buildings on the property or through use of portable facilities, with the provision for proper disposal of waste if recreational vehicles are hosted; and
(iii) Religious organizations providing spaces for safe parking must continue to abide by any existing on-site parking minimum requirement so that the provision of safe parking spaces does not reduce the total number of available parking spaces below the minimum number of spaces required by the city or town, but a city or town may enter into a memorandum of understanding with a religious organization that reduces the minimum number of on-site parking spaces required;
(h) Limits a religious organization's availability to host an indoor overnight shelter in spaces with at least two accessible exits due to lack of sprinklers or other fire-related concerns, except that:
(i) If a city or town fire official finds that fire-related concerns associated with an indoor overnight shelter pose an imminent danger to persons within the shelter, the city or town may take action to limit the religious organization's availability to host the indoor overnight shelter; and
(ii) A city or town may require a host religious organization to enter into a memorandum of understanding for fire safety that includes local fire district inspections, an outline for appropriate emergency procedures, a determination of the most viable means to evacuate occupants from inside the host site with appropriate illuminated exit signage, panic bar exit doors, and a completed fire watch agreement indicating:
(A) Posted safe means of egress;
(B) Operable smoke detectors, carbon monoxide detectors as necessary, and fire extinguishers;
(C) A plan for monitors who spend the night awake and are familiar with emergency protocols, who have suitable communication devices, and who know how to contact the local fire department; or
(i) Limits a religious organization's ability to host temporary small houses on land owned or controlled by the religious organization, except for recommendations that are in accord with the following criteria:
(i) A renewable one-year duration agreed to by the host religious organization and local jurisdiction via a memorandum of understanding;
(ii) Maintaining a maximum unit square footage of one hundred twenty square feet, with units set at least six feet apart;
(iii) Electricity and heat, if provided, must be inspected by the local jurisdiction;
(iv) Space heaters, if provided, must be approved by the local fire authority;
(v) Doors and windows must be included and be lockable, with a recommendation that the managing agency and host religious organization also possess keys;
(vi) Each unit must have a fire extinguisher;
(vii) Adequate restrooms must be provided, including restrooms solely for families if present, along with handwashing and potable running water to be available if not provided within the individual units, including accommodating black water;
(viii) A recommendation for the host religious organization to partner with regional homeless service providers to develop pathways to permanent housing.
(3)(a) A city or town may enact an ordinance or regulation or take any other action that requires a host religious organization and a distinct managing agency using the religious organization's property, owned or controlled by the religious organization, for hostings to include outdoor encampments, temporary small houses on-site, indoor overnight shelters, or vehicle resident safe parking to enter into a memorandum of understanding to protect the public health and safety of both the residents of the particular hosting and the residents of the city or town.
(b) At a minimum, the agreement must include information regarding: The right of a resident in an outdoor encampment, vehicle resident safe parking, temporary small house on-site, or indoor overnight shelter to seek public health and safety assistance, the resident's ability to access social services on-site, and the resident's ability to directly interact with the host religious organization, including the ability to express any concerns regarding the managing agency to the religious organization; a written code of conduct agreed to by the managing agency, if any, host religious organization, and all volunteers working with residents of the outdoor encampment, temporary small house on-site, indoor overnight shelter, or vehicle resident safe parking; and when a publicly funded managing agency exists, the ability for the host religious organization to interact with residents of the outdoor encampment, indoor overnight shelter, temporary small house on-site, or vehicle resident safe parking using a release of information.
(4) If required to do so by a city or town, any host religious organization performing any hosting of an outdoor encampment, vehicle resident safe parking, or indoor overnight shelter, or the host religious organization's managing agency, must ensure that the city or town or local law enforcement agency has completed sex offender checks of all adult residents and guests. The host religious organization retains the authority to allow such offenders to remain on the property. A host religious organization or host religious organization's managing agency performing any hosting of vehicle resident safe parking must inform vehicle residents how to comply with laws regarding the legal status of vehicles and drivers, and provide a written code of conduct consistent with area standards.
(5) Any host religious organization performing any hosting of an outdoor encampment, vehicle resident safe parking, temporary small house on-site, or indoor overnight shelter, with a publicly funded managing agency, must work with the city or town to utilize Washington's homeless client management information system, as provided for in RCW 43.185C.180
. When the religious organization does not partner with a managing agency, the religious organization is encouraged to partner with a local homeless services provider using the Washington homeless client managing information system. Any managing agency receiving any funding from local continuum of care programs must utilize the homeless client management information system. Temporary, overnight, extreme weather shelter provided in religious organization buildings does not need to meet this requirement.
(6) For the purposes of this section:
(a) "Managing agency" means an organization such as a religious organization or other organized entity that has the capacity to organize and manage a homeless outdoor encampment, temporary small houses on-site, indoor overnight shelter, and a vehicle resident safe parking program.
(b) "Outdoor encampment" means any temporary tent or structure encampment, or both.
(c) "Religious organization" means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property.
(d) "Temporary" means not affixed to land permanently and not using underground utilities.
(7)(a) Subsection (2) of this section does not affect a city or town policy, ordinance, memorandum of understanding, or applicable consent decree that regulates religious organizations' hosting of the homeless if such policies, ordinances, memoranda of understanding, or consent decrees:
(i) Exist prior to June 11, 2020;
(ii) Do not categorically prohibit the hosting of the homeless by religious organizations; and
(iii) Have not been previously ruled by a court to violate the religious land use and institutionalized persons act, 42 U.S.C. Sec. 2000cc.
(b) If such policies, ordinances, memoranda of understanding, and consent decrees are amended after June 11, 2020, those amendments are not affected by subsection (2) of this section if those amendments satisfy (a)(ii) and (iii) of this subsection.
(8) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470
is immune from civil liability for (a) damages arising from the permitting decisions for a temporary encampment for the homeless as provided in this section and (b) any conduct or unlawful activity that may occur as a result of the temporary encampment for the homeless as provided in this section.
(9) A religious organization hosting outdoor encampments, vehicle resident safe parking, or indoor overnight shelters for the homeless that receives funds from any government agency may not refuse to host any resident or prospective resident because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, as these terms are defined in RCW 49.60.040
.
(10)(a) Prior to the opening of an outdoor encampment, indoor overnight shelter, temporary small house on-site, or vehicle resident safe parking, a religious organization hosting the homeless on property owned or controlled by the religious organization must host a meeting open to the public for the purpose of providing a forum for discussion of related neighborhood concerns, unless the use is in response to a declared emergency. The religious organization must provide written notice of the meeting to the city or town legislative authority at least one week if possible but no later than ninety-six hours prior to the meeting. The notice must specify the time, place, and purpose of the meeting.
(b) A city or town must provide community notice of the meeting described in (a) of this subsection by taking at least two of the following actions at any time prior to the time of the meeting:
(i) Delivering to each local newspaper of general circulation and local radio or television station that has on file with the governing body a written request to be notified of special meetings;
(ii) Posting on the city or town's website. A city or town is not required to post a special meeting notice on its website if it: (A) Does not have a website; (B) employs fewer than ten full-time equivalent employees; or (C) does not employ personnel whose duty, as defined by a job description or existing contract, is to maintain or update the website;
(iii) Prominently displaying, on signage at least two feet in height and two feet in width, one or more meeting notices that can be placed on or adjacent to the main arterials in proximity to the location of the meeting; or
(iv) Prominently displaying the notice at the meeting site.
[
2020 c 223 s 3
;
2010 c 175 s 3
.]
NOTES:
Findings
—
Intent
—
2020 c 223:
See note following RCW 36.01.290
.
Findings
—
Intent
—
Construction
—
Prior consent decrees and negotiated settlements for temporary encampments for the homeless not superseded
—
2010 c 175:
See notes following RCW 36.01.290
.
RCW 35.21.920
State and federal background checks of license applicants and licensees of occupations under local licensing authority.
(1) For the purpose of receiving criminal history record information by city or town officials, cities or towns may:
(a) By ordinance, require a state and federal background investigation of license applicants or licensees in occupations specified by ordinance;
(b) By ordinance, require a federal background investigation of city or town employees, applicants for employment, volunteers, vendors, and independent contractors, who, in the course of their work or volunteer activity with the city or town, may have unsupervised access to children, persons with developmental disabilities, or vulnerable adults;
(c) Require a state criminal background investigation of city or town employees, applicants for employment, volunteers, vendors, and independent contractors, who, in the course of their work or volunteer activity with the city or town, may have unsupervised access to children, persons with developmental disabilities, or vulnerable adults; and
(d) Require a criminal background investigation conducted through a private organization of city or town employees, applicants for employment, volunteers, vendors, and independent contractors, who, in the course of their work or volunteer activity with the city or town, may have unsupervised access to children, persons with developmental disabilities, or vulnerable adults.
(2) The investigation conducted under subsection (1)(a) through (c) of this section shall consist of a background check as allowed through the Washington state criminal records privacy act under RCW 10.97.050, the Washington state patrol criminal identification system under RCW 43.43.832
through
43.43.834, and the federal bureau of investigation.
(3) The background checks conducted under subsection (1)(a) through (c) of this section must be done through the Washington state patrol identification and criminal history section and may include a national check from the federal bureau of investigation, which shall be through the submission of fingerprints. The Washington state patrol shall serve as the sole source for receipt of fingerprint submissions and the responses to the submissions from the federal bureau of investigation, which must be disseminated to the city or town.
(4) For a criminal background check conducted under subsection (1)(a) through (c) of this section, the city or town shall transmit appropriate fees for a state and national criminal history check to the Washington state patrol, unless alternately arranged. The cost of investigations conducted under this section shall be borne by the city or town.
(5) The authority for background checks outlined in this section is in addition to any other authority for such checks provided by law.
[
2017 c 332 s 1
;
2010 c 47 s 2
.]
RCW 35.21.925
Supplemental transportation improvements.
In addition to any other power and authority conferred to a city that is located in a county having a population of more than one million five hundred thousand, a city legislative authority may provide or contract for supplemental transportation improvements to meet mobility needs within the city's boundaries. For purposes of this section, a "supplemental transportation improvement" or "supplemental improvement" means any project, work, or undertaking to provide or contract for public transportation service in addition to any existing or planned public transportation service provided by public transportation agencies and systems serving the city. The supplemental authority provided to the city legislative authority under this section is subject to the following requirements:
(1) Prior to taking any action to provide or contract for supplemental transportation improvements permitted under this section, the legislative authority of the city shall conduct a public hearing at the time and place specified in a notice published at least once, not less than ten days before the hearing, in a newspaper of general circulation within the proposed district. The notice must specify the supplemental facilities or services to be provided or contracted for by the city, and must include estimated capital, operating, and maintenance costs. The legislative authority of the city shall hear objections from any person affected by the proposed supplemental improvements.
(2) Following the hearing held pursuant to subsection (1) of this section, if the city legislative authority finds that the proposed supplemental transportation improvements are in the public interest, the legislative authority shall adopt an ordinance providing for the supplemental improvements and provide or contract for the supplemental improvements.
(3) For purposes of providing or contracting for the proposed supplemental transportation improvements, the legislative authority of the city may contract with private providers and nonprofit organizations, and may form public-private partnerships. Such contracts and partnerships must require that public transportation services be coordinated with other public transportation agencies and systems serving the area and border jurisdictions.
(4) The legislative authorities of cities that are participating jurisdictions in a transportation benefit district, as provided under chapter
36.73
RCW, may petition the transportation benefit district for partial or full funding of supplemental transportation improvements as prescribed under RCW 36.73.180
.
(5) Supplemental transportation improvements must be consistent with the city's comprehensive plan under chapter
36.70A
RCW.
[
2010 c 251 s 1
.]
RCW 35.21.930
Community assistance referral and education services program.
(1) Any fire department may develop a community assistance referral and education services program to provide community outreach and assistance to residents of its jurisdiction in order to improve population health and advance injury and illness prevention within its community. The program should identify members of the community who use the 911 system or emergency department for low acuity assistance calls (calls that are nonemergency or nonurgent) and connect them to their primary care providers, other health care professionals, low-cost medication programs, and other social services. The program may partner with hospitals to reduce readmissions. The program may also provide nonemergency contact information in order to provide an alternative resource to the 911 system. The program may hire or contract with health care professionals as needed to provide these services, including emergency medical technicians certified under chapter
18.73
RCW and advanced emergency medical technicians and paramedics certified under chapter
18.71
RCW. The services provided by emergency medical technicians, advanced emergency medical technicians, and paramedics must be under the responsible supervision and direction of an approved medical program director. Nothing in this section authorizes an emergency medical technician, advanced emergency medical technician, or paramedic to perform medical procedures they are not trained and certified to perform.
(2) In order to support its community assistance referral and education services program, a participating fire department may seek grant opportunities and private gifts, and, by resolution or ordinance, establish and collect reasonable charges for these services.
(3) In developing a community assistance referral and education services program, a fire department may consult with the health workforce council to identify health care professionals capable of working in a nontraditional setting and providing assistance, referral, and education services.
(4) Community assistance referral and education services programs implemented under this section must, at least annually, measure any reduction of repeated use of the 911 emergency system and any reduction in avoidable emergency room trips attributable to implementation of the program. Results of findings under this subsection must be reportable to the legislature or other local governments upon request. Findings should include estimated amounts of medicaid dollars that would have been spent on emergency room visits had the program not been in existence.
(5) For purposes of this section, "fire department" includes city and town fire departments, fire protection districts organized under Title
52
RCW, regional fire protection service authorities organized under chapter
52.26
RCW, providers of emergency medical services eligible to levy a tax under RCW 84.52.069, and federally recognized Indian tribes.
[
2017 c 273 s 2
;
2015 c 93 s 1
;
2013 c 247 s 1
.]
RCW 35.21.935
Warrant officers
—
Training requirements
—
Authority.
(1) Any city or town may establish the position of warrant officer.
(2) If any city or town establishes the position of warrant officer, the position shall be maintained by the city or town within the city or town police department. The number and qualifications of warrant officers shall be fixed by ordinance and their compensation shall be paid by the city or town. The chief of police of the city or town must establish training requirements consistent with the job description of warrant officer established in that city or town. Training requirements must be approved by the criminal justice training commission.
(3) Warrant officers shall be vested only with the special authority identified in ordinance, which may include the authority to make arrests authorized by warrants and other authority related to service of civil and criminal process.
(4) Process issuing from any court that is directed to a police department in which a warrant officer position is maintained may be served or enforced by the warrant officer, if within the warrant officer's authority as identified in ordinance.
(5) Warrant officers shall not be entitled to death, disability, or retirement benefits pursuant to chapter
41.26
RCW on the basis of service as a warrant officer as described in this section.
[
2015 c 288 s 1
.]
RCW 35.21.940
Failing septic systems
—
Connection to public sewer systems
—
Appeals process.
(1) A city with an ordinance or resolution requiring, upon the failure of an on-site septic system, connection to a public sewer system must, in accordance with this section, provide an administrative appeals process to consider denials of permit applications to repair or replace the septic system. The administrative appeals process required by this section applies only to requests to repair or replace existing, failing on-site septic systems that:
(a) Were made for a single-family residence by its owner or owners;
(b) Were denied solely because of a law, regulation, or ordinance requiring connection to a public sewer system; and
(c) Absent the applicable law, regulation, or ordinance requiring connection to a public sewer system upon which the denial was based, would be approved.
(2) If the city has an administrative appeals process, the city may, subject to the requirements of this section, use that process. The administrative appeals process required by this section, however, must be presided over by the legislative body of the city or by an administrative hearings officer.
(3) The administrative appeals process required by this section must, at a minimum, consider whether:
(a) It is cost-prohibitive to require the property owner to connect to the public sewer system. In complying with this subsection (3)(a), the city must consider the estimated cost to repair or replace the on-site septic system compared to the estimated cost to connect to the public sewer system;
(b) There are public health or environmental considerations related to allowing the property owner to repair or replace the on-site septic system. In complying with this subsection (3)(b), the city must consider whether the repaired or replaced on-site septic system contributes to the pollution of surface waters or groundwater;
(c) There are public sewer system performance or financing considerations related to allowing the property owner to repair or replace the on-site septic system; and
(d) There are financial assistance programs or latecomer agreements offered by the city or state that may impact a decision of the property owner to repair or replace the on-site septic system.
(4) If the city, following the appeals process required by this section, determines that the property owner must connect the residence to the public sewer system, the property owner may, in complying with the determination and subject to approval of appropriate permits, select and hire contractors at his or her own expense to perform the work necessary to connect the residence to the public sewer system.
(5) Unless otherwise required by law, a city determination requiring the owner of a single-family residence with a failing on-site septic system to connect a residence to a public sewer system is not subject to appeal.
(6) For purposes of this section, "city" means a city or town.
[
2015 c 297 s 1
.]
RCW 35.21.945
Water storage asset management services
—
Procurement.
(1) Any municipality may elect to contract for asset management service of its water storage assets in accordance with this section. If a municipality elects to contract under this subsection for all, some, or one component of water storage asset management services for its water storage assets, each municipality shall publish notice of its requirements to procure asset management service of its water storage assets. The announcement must concisely state the scope and nature of the water storage asset management service for which a contract is required and encourage firms to submit proposals to meet these requirements. If a municipality chooses to negotiate a water storage asset management service contract under this section, no otherwise applicable statutory procurement requirement applies.
(2) The municipality may negotiate a fair and reasonable water storage asset management service contract with the firm that submits the best proposal based on criteria that is established by the municipality.
(3) If the municipality is unable to negotiate a satisfactory water storage asset management service contract with the firm that submits the best proposal, negotiations with that firm must formally be terminated and the municipality may select another firm in accordance with this section and continue negotiation until a water storage asset management service contract is reached or the selection process is terminated.
(4) For the purposes of this section:
(a) "Water storage asset management services" means the financing, designing, improving, operating, maintaining, repairing, testing, inspecting, cleaning, administering, or managing, or any combination thereof, of a water storage asset.
(b) "Water storage asset" means water storage structures and associated distribution systems, such as the water tank, tower, well, meter, or water filter.
[
2015 c 187 s 1
.]
RCW 35.21.950
Final determination on state highway project permits.
A city or town must comply with the requirements of RCW 47.01.485
in making a final determination on a permit as part of a project on a state highway as defined in RCW 46.04.560
.
[
2015 3rd sp.s. c 15 s 3
.]
NOTES:
Effective date
—
Findings
—
Intent
—
2015 3rd sp.s. c 15:
See notes following RCW 47.01.485
.
RCW 35.21.955
Nuisance abatement
—
Special assessment
—
Notice requirements.
(1) A city or town that exercises its authority under chapter
7.48
RCW, RCW 35.22.280, 35.23.440, or
35.27.410, or other applicable law to abate a nuisance which threatens health or safety must provide prior notice to the property owner that abatement is pending and a special assessment may be levied on the property for the expense of abatement. Such special assessment authority is supplemental to any existing authority of a city or town to levy an assessment or obtain a lien for costs of abatement. The notice must be sent by regular mail.
(2) A city or town that exercises its authority under chapter
7.48
RCW, RCW 35.22.280, 35.23.440, or
35.27.410, or other applicable law to declare a nuisance, abate a nuisance, or impose fines or costs upon persons who create, continue, or maintain a nuisance may levy a special assessment on the land or premises where the nuisance is situated to reimburse the city or town for the expense of abatement. A city or town must, before levying a special assessment, notify the property owner and any identifiable mortgage holder that a special assessment will be levied on the property and provide the estimated amount of the special assessment. The notice must be sent by regular mail.
(3) The special assessment authorized by this section constitutes a lien against the property, and is binding upon successors in title only from the date the lien is recorded in the county where the affected real property is located. Up to two thousand dollars of the recorded lien is of equal rank with state, county, and municipal taxes.
(4) A city or town levying a special assessment under this section may contract with the county treasurer to collect the special assessment in accordance with RCW 84.56.035
.
[
2016 c 100 s 1
.]
RCW 35.21.960
Removal of restrictive covenants
—
Hearing, notice.
Any city, town, or municipal corporation must hold a public hearing upon a proposal to remove, vacate, or extinguish a restrictive covenant from property owned by the city, town, or municipal corporation before the action is finalized. The public hearing must allow individuals to provide testimony regarding the proposed action. The city, town, or municipal corporation must provide notice of the public hearing at least ten days before the hearing at its usual place of business and issue a press release to local media providing the date, time, location, and reason for the public hearing. The notice must be posted on the city, town, or municipal corporation's website if it is updated for any reason before the hearing date. The notice must also identify the property and provide a brief explanation of the restrictive covenant to be removed, vacated, or extinguished. Any member of the public, in person or by counsel, may submit testimony at the public hearing.
[
2017 c 119 s 3
.]
NOTES:
Short title
—
2017 c 119:
"This act may be known and cited as the land covenant preservation and transparency act." [
2017 c 119 s 1
.]
Finding
—
2017 c 119:
"The legislature finds that many pieces of property are provided to government agencies as part of agreements in which the land includes restrictive covenants. There is a desire that government agencies become more transparent when they want to change the use of property that has covenants that restrict what can be done with property, especially if the property was a gift to be used for parks, open space, habitat, or environmental mitigation and conservation. The legislature declares that any local government agency that intends to remove restrictive covenants from real property owned by the agency must do so through an open process in which citizens are made aware of the agency's intent to remove or modify the restrictive covenant before the legal action occurs." [
2017 c 119 s 2
.]
RCW 35.21.965
Voluntary change to electoral system.
The legislative authority of a city or town may authorize a change to its electoral system pursuant to RCW 29A.92.040
.
[
2018 c 113 s 206
.]
NOTES:
Findings
—
Intent
—
Short title
—
2018 c 113:
See RCW 29A.92.005
and
29A.92.900
.
RCW 35.21.970
Assessment and mitigation of negative impact on parking when constructing or operating a public facility in certain neighborhoods.
(1) A city with a population of more than five hundred fifty thousand that permits a public facility to be constructed or operated by another local government agency, transit authority, or public facility district in a neighborhood with a high poverty level and a high rate of ethnic diversity shall formally request that the entity that is constructing or is operating the public facility assess and mitigate the negative impacts that the facility has had on parking in the surrounding neighborhood. The entity operating or constructing the facility must consider the potential or actual disparate racial, social, and economic impacts of the public facility on residents nearby and develop a mitigation plan, which keeps the residents of the impacted neighborhood whole for the costs of the mitigation strategy, including paying for the costs of any residential parking zone necessitated by the facility causing the impact. The entity operating or constructing the facility may negotiate with other political subdivisions who have a direct interest in having created the negative impacts, but the residents must be held harmless.
(2) For purposes of this section, neighborhood boundaries are defined by the boundaries of community reporting areas, as established in the most recent United States census.
(3) For purposes of this section:
(a) "Public facility" means a project that was completed by December 31, 2014.
(b) A neighborhood has a high poverty level if twelve percent or more of the population is below the poverty level according to the most recent American community survey's five-year estimate.
(c) A neighborhood has a high rate of ethnic diversity if forty percent or more of the population identifies as persons of color according to the most recent American community survey's five-year estimate.
[
2019 c 375 s 1
.]
RCW 35.21.980
Construction
—
Chapter applicable to state registered domestic partnerships
—
2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[
2009 c 521 s 78
.]
RCW 35.21.990
New housing in existing buildings
—
Prohibitions on local regulation.
(1)(a) Cities must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls the requirements of subsection (2) of this section for buildings in commercial, mixed-use, or residential zones no later than June 30, 2026.
(b) The requirements of subsection (2) of this section apply and take effect in any city that has not adopted or amended ordinances, regulations, or other official controls as required under this section by the timeline in (a) of this subsection and supersede, preempt, and invalidate any conflicting local development regulations.
(2) Through ordinances, development regulations, zoning regulations, or other official controls as required under subsection (1) of this section, cities may not:
(a) Impose a restriction on housing unit density that prevents the addition of housing units at a density up to 50 percent more than what is allowed in the underlying zone if constructed entirely within an existing building envelope in a building located within a zone that permits multifamily housing, provided that generally applicable health and safety standards, including but not limited to building code standards and fire and life safety standards, can be met within the building;
(b) Impose parking requirements on the addition of dwelling units or living units added within an existing building, however, cities may require the retention of existing parking that is required to satisfy existing residential parking requirements under local laws and for nonresidential uses that remain after the new units are added;
(c) With the exception of emergency housing and transitional housing uses, impose permitting requirements on the use of an existing building for residential purposes beyond those requirements generally applicable to all residential development within the building's zone, including requiring a change of use permit;
(d) Impose design standard requirements, including setbacks, lot coverage, and floor area ratio requirements, on the use of an existing building for residential purposes beyond those requirements generally applicable to all residential development within the building's zone, except as provided in RCW 36.70A.810
and
36.70A.812
;
(e) Impose exterior design or architectural requirements on the residential use of an existing building beyond those necessary for health and safety of the use of the interior of the building or to preserve character-defining streetscapes, unless the building is a designated landmark or is within a historic district established through a local preservation ordinance;
(f) Prohibit the addition of housing units in any specific part of a building except ground floor commercial or retail that is along a major pedestrian corridor as defined by each city, unless the addition of the units would violate applicable building codes or health and safety standards;
(g) Require unchanged portions of an existing building that have been used for residential or previously permit-approved conditioned space purposes to meet the current energy code solely because of the addition of new dwelling units within the building. When any other existing building is converted to new dwelling units, changed portions of each of those new units must meet the requirements of the current energy code, except if:
(i) The square footage of new dwelling units does not exceed 2,500 square feet or 50 percent of the total building square footage, whichever is greater;
(ii) The building owner submits documentation, in a form acceptable to the city, showing the building's residential units' projected energy use intensity is less than or equal to the energy use intensity target in accordance with the clean buildings performance standard in RCW 19.27A.210
; or
(iii) In all areas zoned for residential housing, an additional housing unit is created within an existing home;
(h) Deny a building permit application for the addition of housing units within an existing building due to nonconformity regarding parking, height, setbacks, elevator size for gurney transport, or modulation, unless the city official with decision-making authority makes written findings that the nonconformity is causing a significant detriment to the surrounding area; or
(i) Require a transportation concurrency study under RCW 36.70A.070
or an environmental study under chapter
43.21C
RCW based on the addition of residential units within an existing building.
(3) Nothing in this section requires a city to approve a building permit application for the addition of housing units constructed entirely within an existing building envelope in a building located within a zone that permits multifamily housing in cases in which the building cannot satisfy life safety standards.
(4) For the purpose of this section, "existing building" means a building that received a certificate of occupancy at least three years prior to the permit application to add housing units.
[
2025 c 203 s 2
;
2025 c 139 s 3
;
2023 c 285 s 2
.]
NOTES:
Reviser's note:
This section was amended by 2025 c 139 s 3 and by 2025 c 203 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
RCW 35.21.992
Exterior building cladding materials.
(1) Except as provided in subsection (3) of this section, a city is prohibited from requiring or excluding exterior cladding materials that are in compliance with the state building code.
(2) "Exterior cladding" means a nonload-bearing material attached to the exterior of a building.
(3) The limitation in this section does not apply to homeowners' associations governed by chapter
64.38
RCW, plat communities governed by chapter
64.90
RCW, structures in an area designated as a local historic district, structures located in an area designated as a historic district on the national register of historic places, structures designated as a local, state, or national historic landmark, areas subject to provisions of the international wildland urban interface code adopted by a city or town, and any city or town with old world Bavarian architectural themed building requirements in law. Furthermore, a city or town that adopts building codes requiring fire-resistant siding materials as protection from wildfire is not in violation of the provisions of this section.
[
2025 c 270 s 1
.]
RCW 35.21.993
Electric security alarm systems.
(1) Cities and towns that have not adopted an ordinance, land use regulation, or local code related to the regulation of electric security alarm systems shall allow electric security alarm systems consistent with the following:
(a) Electric security alarm systems may not be considered a fence and may not be regulated by fence codes which do not reference and regulate electric security alarm systems.
(b) Electric security alarm systems must be allowed on any allowed or legally nonconforming outdoor storage property. This subsection (1)(b) does not apply to properties zoned for mixed use that are not an outdoor storage property as defined in this section.
(c) The installation of electric security alarm systems must meet the following requirements:
(i) The electric security alarm is powered by an energizer that is driven by a battery of no more than 12 volts of direct current and that does not produce an electric charge on contact that exceeds energizer characteristics set forth in IEC 60335-2-76, as of January 1, 2025;
(ii) The electric security alarm is marked with conspicuous warning signs that are located on the system at not more than 30-foot intervals that read "Warning: Electric Fence.";
(iii) The electric security alarm is 10 feet in height, or two feet higher than the perimeter barrier, fence, or wall, whichever is greater; and
(iv) The electric security alarm includes a device that enables first responders to deactivate the electric security alarm system in response to an emergency, if utilized by a city and town.
(d) A minimum five foot tall perimeter barrier, fence, or wall, is located around the exterior of the electric security alarm system. If the perimeter barrier is an existing fence or wall, the fence or wall must have been installed in compliance with the fence code at the time of installation. The city may require a permit for the installation of a new perimeter fence or wall and may require the new perimeter fence or wall be consistent with the local fence code. The city may not require any additional conditions or improvements appurtenant to the installation of an electric security alarm system.
(e) The city or town may require an alarm system operator license or permit in the same manner as is required for any other security alarm.
(f) Nothing in this section limits the ability of a city to otherwise regulate outdoor storage properties.
(2)(a) A city or town that has, whether before or after July 27, 2025, adopted an ordinance, land use regulation, or local code that regulates or prohibits electric security alarm systems is not subject to subsection (1) of this section.
(b) If a city or town adopts an ordinance, land use regulation, or local code that regulates or prohibits electric security alarm systems after July 27, 2025, the city or town shall include "electric security alarm" in the title of the ordinance and shall hold two public hearings on the regulation prior to final adoption.
(c) Any system installed prior to the effective date of an ordinance adopted in (a) of this subsection may continue to operate if it complies with the requirements in subsection (1) of this section.
(3) For the purposes of this section:
(a) "Electric security alarm system" means an outdoor alarm system that connects a wire structure to an alarm system and transmits a signal intended to detect and alert the property owner of an intrusion by utilizing an electric charge.
(b) "Outdoor storage property" means a manufacturing, commercial, or industrial property that does not abut an existing K-12 school, in which all or part of the lot is used for keeping vehicles, vessels, aircraft, equipment, raw materials, freight, or utility infrastructure in an outdoor yard or unenclosed building, provided that the lot does not include any existing residential or hospitality uses. "Outdoor storage property" does not include property with outdoor displays of items or objects for immediate sale when such displays are incidental or accessory to activity conducted in an enclosed structure and that such displays do not exceed 10 percent of the net lot area.
(4) Nothing in this section shall apply to a burglar alarm system as defined in RCW 18.170.010
(4) or a fire alarm as defined in *RCW 48.19.540
(3)(c).
[
2025 c 67 s 2
.]
NOTES:
*
Reviser's note:
RCW 48.19.540
was amended by 2025 c 243 s 4, changing subsection (3)(c) to subsection (2)(c).
Findings
—
Intent
—
2025 c 67:
See note following RCW 36.01.396
.
RCW 35.21.994
Minimum parking requirements.
(1) A city may not require more than 0.5 parking space per multifamily dwelling unit or more than one parking space per single-family home.
(2) A city may not require more than two parking spaces per 1,000 square feet of commercial space.
(3) A city may not require any minimum parking requirements for:
(a) Residences under 1,200 square feet;
(b) Commercial spaces under 3,000 square feet;
(c) Affordable housing;
(d) Senior housing;
(e) Child care centers as defined in RCW 43.216.010
that are licensed or certified by the department of children, youth, and families;
(f) Ground level nonresidential spaces in mixed-use buildings; and
(g) A building undergoing a change of use from a nonresidential to a residential use or a change of use for a commercial use.
(4) For purposes of this section:
(a) "Affordable housing" has the same meaning as in RCW 36.70A.030
.
(b) "Commercial use" means use for nonresidential business purposes, including retail, office, wholesale, general merchandise, and food services.
(5) This section does not apply to requirements for parking spaces permanently marked for the exclusive use of individuals with disabilities in compliance with the Americans with disabilities act.
(6) The provisions of this section do not apply:
(a) To cities with a population of 30,000 or less, as determined by the population estimate of the office of financial management under RCW 43.62.030
;
(b) If a city submits to the department of commerce an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations of this section will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than the city's current parking requirements; or
(c) To portions of cities within a one-mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements.
(7) Cities may require parking in excess of the limitations in this section for religious organizations and parking requirements for carpools.
(8) Cities are not prohibited from requiring temporary or time-restricted parking. Cities are encouraged to consider the adequacy of drop-off space, waiting space, and accessibility in the design review process when considering the limitations on parking requirements.
(9) Cities that have adopted substantially similar policies to the requirements established in this section may apply to the department of commerce for a determination of compliance with the requirements of this section. In determining what is substantially similar, the department of commerce shall consider whether:
(a) The city's parking requirements as of July 2025 have the same or lower parking minimums than the requirements of this section;
(b) The city's parking requirements are equal to the average number of parking stalls required per residential unit and the average number of parking stalls required per 1,000 square feet of commercial space; and
(c) The city's parking requirements for affordable housing, senior housing, housing for people with disabilities, and child care facilities are equivalent to the requirements of this section.
(10) Cities may submit a request for a variance from the requirements of this section to the department of commerce if compliance with the requirements of this section would be hazardous to the life, health, and safety of residents as confirmed by a building official or fire marshal, or their designees. A request for a variance may include requests to require additional parking spaces permanently marked for the exclusive use of individuals with disabilities beyond those required for compliance with the Americans with disabilities act based on the planned or likely population, location, or safety of a building, using objective standards.
(11) Cities with a population between 30,000 and 50,000 shall implement the requirements of this section within three years of July 27, 2025. Cities with a population of 50,000 or greater shall implement the requirements of chapter 204, Laws of 2025 within 18 months of July 27, 2025.
[
2025 c 204 s 2
.]
NOTES:
Findings
—
Short title
—
2025 c 204:
See notes following RCW 36.01.397
.
RCW 35.21.995
Historic landmark designation
—
Limitations.
(1)(a) Except as provided for in subsection (3) of this section, cities must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, preservation ordinances, and other official controls the requirements of subsection (2) of this section for properties that are zoned for residential or mixed use no later than one year after July 27, 2025.
(b) Except as provided in subsection (3) of this section, the requirements of subsection (2) of this section apply and take effect in any city that has not adopted or amended ordinances, regulations, or other official controls as required under this section by the timeline in (a) of this subsection and supersede, preempt, and invalidate any conflicting local regulations.
(2) No city may designate a property as a historic landmark if:
(a) The property that would be designated as a historic landmark is less than 40 years old; or
(b) The designation would restrict the use, alteration, or demolition of the property, and the written consent of the owner of the property has not been obtained. Such a designation made through a local preservation ordinance after July 27, 2025, without the written consent of the property owner is void unless and until such consent is obtained. Nothing in chapter 241, Laws of 2025 affects such a designation made through a local preservation ordinance prior to July 27, 2025.
(3) The limitations in subsection (2) of this section do not apply if the property that would be designated as a historic landmark is within a historic district established through a local preservation ordinance, or if the nominator has provided written documentation to show that the property nominated to be designated as a historic landmark is more than 125 years old and the city has determined that the property to be designated as a historic landmark is more than 125 years old.
(4) Nothing in this section prevents a city from allowing a property to be nominated as a historic landmark without the consent of the property owner. Except as provided in subsection (3) of this section, such consent must be obtained prior to the nomination being approved and the property being designated as a landmark.
[
2025 c 241 s 1
.]
RCW 35.21.996
Child care centers
—
Zoning.
(1) Cities and towns must allow child care centers, and the conversion of existing buildings for use as child care centers, as an outright permitted use in all zones except industrial zones, light industrial zones, and open space zones.
(2) Cities may impose reasonable restrictions on the permit, including pickup and drop-off areas.
(3) Cities that plan under the growth management act and that are required to submit their next comprehensive plan update in 2027 pursuant to RCW 36.70A.130
must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls, the requirements of this section in their next comprehensive plan update. All other cities must implement the requirements of this section within two years of July 27, 2025.
(4) Nothing in this section limits a city from allowing child care centers in other zones, including industrial zones or light industrial zones. A city must provide for a conditional use approval of an on-site child care center in industrial or light industrial zones, except in or around high hazard facilities.
(5) For the purposes of this section, "child care centers" has the same meaning as in RCW 43.216.010
.
[
2025 c 276 s 1
.]