reglab/housing_qa huggingface dataset:
WA Rev Code § 70.128.010 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.010 - Definitions.

RCW 70.128.010 Definitions.Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Adult family home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. An adult family home may provide services to up to eight adults upon approval from the department under RCW 70.128.066.(2) "Adult family home licensee" means a provider as defined in this section who does not receive payments from the medicaid and state-funded long-term care programs.(3) "Adult family home training network" means a nonprofit organization established by the exclusive bargaining representative of adult family homes designated under RCW 41.56.029 with the capacity to provide training, workforce development, and other services to adult family homes.(4) "Adults" means persons who have attained the age of eighteen years.(5) "Capacity" means the maximum number of persons in need of personal or special care permitted in an adult family home at a given time. This number shall include related children or adults in the home and who received special care.(6) "Department" means the department of social and health services.(7) "Home" means an adult family home.(8) "Imminent danger" means serious physical harm to or death of a resident has occurred, or there is a serious threat to resident life, health, or safety.(9) "Provider" means any person who is licensed under this chapter to operate an adult family home. For the purposes of this section, "person" means any individual, partnership, corporation, association, or limited liability company.(10) "Resident" means an adult in need of personal or special care in an adult family home who is not related to the provider.(11) "Resident manager" means a person employed or designated by the provider to manage the adult family home.(12) "Special care" means care beyond personal care as defined by the department, in rule.[ 2020 c 220 § 1. Prior: 2019 c 466 § 2; 2007 c 184 § 7; prior: 2001 c 319 § 6; 2001 c 319 § 2; 1995 c 260 § 2; 1989 c 427 § 16.]NOTES:Part headings not law—Severability—Conflict with federal requirements—2007 c 184: See notes following RCW 41.56.029.
WA Rev Code § 70.128.030 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.030 - Exemptions.

RCW 70.128.030 Exemptions.The following residential facilities shall be exempt from the operation of this chapter:(1) Nursing homes licensed under chapter 18.51 RCW;(2) Assisted living facilities licensed under chapter 18.20 RCW;(3) Facilities approved and certified under chapter 71A.22 RCW;(4) Residential treatment centers for individuals with mental illness licensed under chapter 71.24 RCW;(5) Hospitals licensed under chapter 70.41 RCW;(6) Homes for individuals with developmental disabilities licensed under chapter 74.15 RCW.[ 2012 c 10 § 55; 1989 c 427 § 17.]NOTES:Application—2012 c 10: See note following RCW 18.20.010.
WA Rev Code § 70.128.043 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.043 - Negotiated rule making—Statewide unit of licensees—Intent.

RCW 70.128.043 Negotiated rule making—Statewide unit of licensees—Intent.(1) Solely for the purposes of negotiated rule making pursuant to RCW 34.05.310(2)(a) and 70.128.040, a statewide unit of all adult family home licensees is appropriate. As of July 22, 2007, the exclusive representative of adult family home licensees in the statewide unit shall be the organization certified by the American arbitration association as the sole representative after the association conducts a cross-check comparing authorization cards against the department of social and health services' records and finds that majority support for the organization exists. If adult family home licensees seek to select a different representative thereafter, the adult family home licensees may request that the American arbitration association conduct an election and certify the results of the election.(2) In enacting this section, the legislature intends to provide state action immunity under federal and state antitrust laws for the joint activities of licensees and their exclusive representative to the extent such activities are authorized by this chapter.[ 2007 c 184 § 6.]NOTES:Part headings not law—Severability—Conflict with federal requirements—2007 c 184: See notes following RCW 41.56.029.
WA Rev Code § 70.128.050 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.050 - License—Required as of July 1, 1990—Limitations.

RCW 70.128.050 License—Required as of July 1, 1990—Limitations.(1) After July 1, 1990, no person shall operate or maintain an adult family home in this state without a license under this chapter.(2) Couples legally married or state registered domestic partners:(a) May not apply for separate licenses; and(b) May apply jointly to be coproviders if they are both qualified. One person may apply to be a provider without requiring the other person to apply.[ 2011 1st sp.s. c 3 § 202; 1989 c 427 § 19.]NOTES:Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.
WA Rev Code § 70.128.055 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.055 - Operating without a license—Misdemeanor.

RCW 70.128.055 Operating without a license—Misdemeanor.A person operating or maintaining an adult family home without a license under this chapter is guilty of a misdemeanor. Each day of a continuing violation after conviction is considered a separate offense.[ 1991 c 40 § 1.]
WA Rev Code § 70.128.057 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.057 - Operating without a license—Injunction or civil penalty.

RCW 70.128.057 Operating without a license—Injunction or civil penalty.Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law, upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action in the name of the state for an injunction, civil penalty, or other process against a person to restrain or prevent the operation or maintenance of an adult family home without a license under this chapter.[ 1995 1st sp.s. c 18 § 20; 1991 c 40 § 2.]NOTES:Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
WA Rev Code § 70.128.058 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.058 - Operating without a license—Application of consumer protection act.

RCW 70.128.058 Operating without a license—Application of consumer protection act.The legislature finds that the operation of an adult family home without a license in violation of this chapter is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Operation of an adult family home without a license in violation of this chapter is not reasonable in relation to the development and preservation of business. Such a violation is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.[ 1995 1st sp.s. c 18 § 21.]NOTES:Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
WA Rev Code § 70.128.064 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.064 - Priority processing for license applications—Provisional license.

RCW 70.128.064 Priority processing for license applications—Provisional license.(1) A provisional license permits the operation of an adult family home for a period of time to be determined by the department, not to exceed twelve months, and is not subject to renewal. A provisional license may be issued:(a) When a currently licensed adult family home provider has applied to be licensed as the new provider for a currently licensed adult family home, the application has been initially processed, and all that remains to complete the application process is an on-site inspection; or(b) Under exceptional circumstances, such as the sudden and unexpected death of the sole provider of an adult family home.(2) In order to prevent disruption to current residents, the department shall give priority processing to an application for a change of ownership:(a) At the request of the currently licensed provider; or(b) When the department has issued a provisional license.[ 2018 c 160 § 1; 2001 c 319 § 10.]
WA Rev Code § 70.128.065 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.065 - Multiple facility operators—Requirements—Licensure of additional homes.

RCW 70.128.065 Multiple facility operators—Requirements—Licensure of additional homes.(1) A multiple facility operator must successfully demonstrate to the department financial solvency and management experience for the homes under its ownership and the ability to meet other relevant safety, health, and operating standards pertaining to the operation of multiple homes, including ways to mitigate the potential impact of vehicular traffic related to the operation of the homes.(2) The department shall only accept and process an application for licensure of an additional home when:(a) A period of no less than twenty-four months has passed since the issuance of the initial adult family home license; and(b) The department has taken no enforcement actions against the applicant's currently licensed adult family homes during the twenty-four months prior to application.(3)(a) Except as provided in (b) of this subsection, the department shall only accept and process an additional application for licensure of other adult family homes when twelve months has passed since the previous adult family home license, and the department has taken no enforcement actions against the applicant's currently licensed adult family homes during the twelve months prior to application.(b) The department shall accept and process applications for licensure of additional adult family homes when less than twelve months have passed since the previous adult family home license, if the applications are due to the change in ownership of existing adult family homes that are currently licensed and the department has taken no enforcement actions against the applicant's currently licensed adult family homes during the twelve months prior to application.(4) In the event of serious noncompliance leading to the imposition of one or more actions listed in RCW 70.128.160(2) for violation of federal, state, or local laws, or regulations relating to provision of care or services to vulnerable adults or children, the department is authorized to take one or more actions listed in RCW 70.128.160(2) against any home or homes operated by the provider if there is a violation in the home or homes.(5) In the event of serious noncompliance in a home operated by a provider with multiple adult family homes, leading to the imposition of one or more actions listed in RCW 70.128.160(2), the department shall inspect the other homes operated by the provider to determine whether the same or related deficiencies are present in those homes. The cost of these additional inspections may be imposed on the provider as a civil penalty up to a maximum of three hundred dollars per additional inspection.(6) A provider is ultimately responsible for the day-to-day operations of each licensed home.[ 2013 c 185 § 1; 2011 1st sp.s. c 3 § 203; 1996 c 81 § 6.]NOTES:Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.Effective date—1996 c 81: See note following RCW 70.128.120.
WA Rev Code § 70.128.070 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.070 - License—Inspections—Correction of violations.

RCW 70.128.070 License—Inspections—Correction of violations.(1) A license shall remain valid unless voluntarily surrendered, suspended, or revoked in accordance with this chapter.(2)(a) Homes applying for a license shall be inspected at the time of licensure.(b) Homes licensed by the department shall be inspected at least every eighteen months, with an annual average of fifteen months. However, an adult family home may be allowed to continue without inspection for two years if the adult family home had no inspection citations for the past three consecutive inspections and has received no written notice of violations resulting from complaint investigations during that same time period.(c) The department may make an unannounced inspection of a licensed home at any time to assure that the home and provider are in compliance with this chapter and the rules adopted under this chapter.(d) If a pandemic, natural disaster, or other declared state of emergency prevents the department from completing inspections according to the timeline in this subsection, the department shall adopt rules to reestablish inspection timelines based on the length of time since last inspection, compliance history of each facility, and immediate health or safety concerns.(i) Rules adopted under this subsection (2)(d) are effective until the termination of the pandemic, natural disaster, or other declared state of emergency or until the department determines that all facility inspections are occurring according to time frames established in (b) of this subsection, whichever is later. Once the department determines a rule adopted under this subsection (2)(d) is no longer necessary, it must repeal the rule under RCW 34.05.353.(ii) Within 12 months of the termination of the pandemic, natural disaster, or declared state of emergency, the department shall conduct a review of inspection compliance with (b) of this subsection and provide the legislature with a report.(3) If the department finds that the home is not in compliance with this chapter, it shall require the home to correct any violations as provided in this chapter.[ 2021 c 203 § 13; 2011 1st sp.s. c 3 § 204; 2004 c 143 § 1; 1998 c 272 § 4; 1995 1st sp.s. c 18 § 22; 1989 c 427 § 22.]NOTES:Effective date—Retroactive application—2021 c 203: See note following RCW 43.43.832.Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
WA Rev Code § 70.128.080 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.080 - License and inspection report—Availability for review.

RCW 70.128.080 License and inspection report—Availability for review.An adult family home shall have readily available for review by the department, residents, and the public:(1) Its license to operate; and(2) A copy of each inspection report received by the home from the department for the past three years.[ 1995 1st sp.s. c 18 § 23; 1989 c 427 § 21.]NOTES:Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
WA Rev Code § 70.128.090 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.090 - Inspections—Generally.

RCW 70.128.090 Inspections—Generally.(1) During inspections of an adult family home, the department shall have access and authority to examine areas and articles in the home used to provide care or support to residents, including residents' records, accounts, and the physical premises, including the buildings, grounds, and equipment. The personal records of the provider are not subject to department inspection nor is the separate bedroom of the provider, not used in direct care of a client, subject to review. The department may inspect all rooms during the initial licensing of the home. However, during a complaint investigation, the department shall have access to the entire premises and all pertinent records when necessary to conduct official business. The department also shall have the authority to interview the provider and residents of an adult family home.(2) Whenever an inspection is conducted, the department shall prepare a written report that summarizes all information obtained during the inspection, and if the home is in violation of this chapter, serve a copy of the inspection report upon the provider at the same time as a notice of violation. This notice shall be mailed to the provider within ten working days of the completion of the inspection process. If the home is not in violation of this chapter, a copy of the inspection report shall be mailed to the provider within ten calendar days of the inspection of the home. All inspection reports shall be made available to the public at the department during business hours.(3) The provider shall develop corrective measures for any violations found by the department's inspection. The department shall upon request provide consultation and technical assistance to assist the provider in developing effective corrective measures. The department shall include a statement of the provider's corrective measures in the department's inspection report.[ 2001 c 319 § 7; 1995 1st sp.s. c 18 § 24; 1989 c 427 § 30.]NOTES:Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
WA Rev Code § 70.128.100 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.100 - Immediate suspension of license when conditions warrant.

RCW 70.128.100 Immediate suspension of license when conditions warrant.The department has the authority to immediately suspend a license if it finds that conditions there constitute an imminent danger to residents.[ 1989 c 427 § 32.]
WA Rev Code § 70.128.105 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.105 - Injunction if conditions warrant.

RCW 70.128.105 Injunction if conditions warrant.The department may commence an action in superior court to enjoin the operation of an adult family home if it finds that conditions there constitute an imminent danger to residents.[ 1991 c 40 § 3.]
WA Rev Code § 70.128.110 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.110 - Prohibition against recommending unlicensed home—Report and investigation of unlicensed home.

RCW 70.128.110 Prohibition against recommending unlicensed home—Report and investigation of unlicensed home.(1) No public agency contractor or employee shall place, refer, or recommend placement of a person into an adult family home that is operating without a license.(2) Any public agency contractor or employee who knows that an adult family home is operating without a license shall report the name and address of the home to the department. The department shall investigate any report filed under this section.[ 1989 c 427 § 23.]
WA Rev Code § 70.128.122 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.122 - Adult family homes licensed by Indian tribes.

RCW 70.128.122 Adult family homes licensed by Indian tribes.The legislature recognizes that adult family homes located within the boundaries of a federally recognized Indian reservation may be licensed by the Indian tribe. The department may pay for care for persons residing in such homes, if there has been a tribal or state criminal background check of the provider and any staff, and the client is otherwise eligible for services administered by the department.[ 1995 1st sp.s. c 18 § 25.]NOTES:Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
WA Rev Code § 70.128.125 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.125 - Resident rights.

RCW 70.128.125 Resident rights.RCW 70.129.005 through 70.129.030, 70.129.040, and 70.129.050 through 70.129.170 apply to this chapter and persons regulated under this chapter.[ 2011 1st sp.s. c 3 § 302; 1994 c 214 § 24.]NOTES:Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.Conflict with federal requirements—1994 c 214: See RCW 70.129.901.
WA Rev Code § 70.128.135 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.135 - Compliance with chapter 70.24 RCW.

RCW 70.128.135 Compliance with chapter 70.24 RCW.Adult family homes shall comply with the provisions of chapter 70.24 RCW.[ 2001 c 319 § 9.]
WA Rev Code § 70.128.140 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.140 - Compliance with local codes and state and local fire safety regulations.

RCW 70.128.140 Compliance with local codes and state and local fire safety regulations.(1) Each adult family home shall meet applicable local licensing, zoning, building, and housing codes, and state and local fire safety regulations as they pertain to a single-family residence. It is the responsibility of the home to check with local authorities to ensure all local codes are met.(2) An adult family home must be considered a residential use of property for zoning and public and private utility rate purposes. Adult family homes are a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings.[ 2011 1st sp.s. c 3 § 207; 1995 1st sp.s. c 18 § 26; 1989 c 427 § 27.]NOTES:Finding—Intent—2011 1st sp.s. c 3: See note following RCW 70.128.005.Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
WA Rev Code § 70.128.150 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.128 - Adult Family Homes.|70.128.150 - Adult family homes to work with local quality assurance projects—Interference with representative of ombuds program—Penalty.

RCW 70.128.150 Adult family homes to work with local quality assurance projects—Interference with representative of ombuds program—Penalty.Whenever possible, adult family homes are encouraged to contact and work with local quality assurance projects such as the volunteer ombuds with the goal of assuring high quality care is provided in the home.An adult family home may not willfully interfere with a representative of the long-term care ombuds program in the performance of official duties. The department shall impose a penalty of not more than one thousand dollars for any such willful interference.[ 2013 c 23 § 181; 1995 1st sp.s. c 18 § 27; 1989 c 427 § 28.]NOTES:Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.