reglab/housing_qa huggingface dataset:
WA Rev Code § 64.44.040 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.44 - Contaminated Properties.|64.44.040 - Orders declaring property unfit and prohibiting use—City, county action—Entrance upon property prohibited.

RCW 64.44.040 Orders declaring property unfit and prohibiting use—City, county action—Entrance upon property prohibited.(1) Upon issuance of an order declaring property unfit and prohibiting its use, the city or county in which the contaminated property is located may take action to prohibit use, occupancy, or removal of such property; condemn, decontaminate, or demolish the property; or require that the property be vacated or the contents removed from the property. The city or county may use an authorized contractor if property is demolished, decontaminated, or removed under this section. The city, county, or contractor shall comply with all orders of the health officer during these processes. No city or county may condemn, decontaminate, or demolish property pursuant to this section until all procedures granting the right of notice and the opportunity to appeal in RCW 64.44.030 have been exhausted, but may prohibit use, occupancy, or removal of contaminated property pending appeal of the order.(2)(a) It is unlawful for any person to enter upon any property, or to remove any property, that has been found unfit for use by a local health officer pursuant to RCW 64.44.030.(b) This subsection does not apply to: (i) Health officials, law enforcement officials, or other government agents performing their official duties; (ii) authorized contractors or owners performing decontamination pursuant to authorization by the local health officer; and (iii) any person acting with permission of a local health officer, or of a superior court or hearing examiner following an appeal of a decision of the local health officer.(c) Any person who violates this subsection is guilty of a misdemeanor.(3) No provision of this section may be construed to limit the ability of the local health officer to permit occupants or owners of the property at issue to remove uncontaminated personal property from the premises.[ 2006 c 339 § 204; 1999 c 292 § 5; 1990 c 213 § 5.]NOTES:Intent—Part headings not law—2006 c 339: See notes following RCW 74.34.020.Finding—Intent—1999 c 292: See note following RCW 64.44.010.
WA Rev Code § 64.44.070 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.44 - Contaminated Properties.|64.44.070 - Rules and standards—Chapter administration, property decontamination.

RCW 64.44.070 Rules and standards—Chapter administration, property decontamination.(1) The state board of health shall promulgate rules and standards for carrying out the provisions in this chapter in accordance with chapter 34.05 RCW, the administrative procedure act. The local board of health and the local health officer are authorized to exercise such powers as may be necessary to carry out this chapter. The department may provide technical assistance to local health boards and health officers to carry out their duties under this chapter.(2) The department shall adopt rules for decontamination of a property used as a laboratory for the production of controlled substances and methods for the testing of porous and nonporous surfaces, groundwater, surface water, soil, and septic tanks for contamination. The rules shall establish decontamination standards for hazardous chemicals, including but not limited to methamphetamine, lead, mercury, and total volatile organic compounds.[ 2009 c 495 § 7; 2006 c 339 § 207; 1999 c 292 § 8; 1990 c 213 § 9.]NOTES:Effective date—2009 c 495: See note following RCW 43.20.050.Intent—Part headings not law—2006 c 339: See notes following RCW 74.34.020.Finding—Intent—1999 c 292: See note following RCW 64.44.010.
WA Rev Code § 64.44.075 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.44 - Contaminated Properties.|64.44.075 - Annual evaluation and inspection of decontamination projects.

RCW 64.44.075 Annual evaluation and inspection of decontamination projects.The department may evaluate annually a number of the property decontamination projects performed by licensed contractors to determine the adequacy of the decontamination work, using the services of an independent environmental contractor or state or local agency. If a project fails the evaluation and inspection, the contractor is subject to a civil penalty and license suspension, pursuant to RCW 64.44.060 (4) and (5); and the contractor is prohibited from performing additional work until deficiencies have been corrected.[ 2006 c 339 § 208.]NOTES:Intent—Part headings not law—2006 c 339: See notes following RCW 74.34.020.
WA Rev Code § 64.44.080 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.44 - Contaminated Properties.|64.44.080 - Civil liability—Immunity.

RCW 64.44.080 Civil liability—Immunity.Members of the state board of health and local boards of health, local health officers, and employees of the department of health and local health departments are immune from civil liability arising out of the performance of their duties under this chapter, unless such performance constitutes gross negligence or intentional misconduct.[ 1990 c 213 § 10.]
WA Rev Code § 64.44.900 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.44 - Contaminated Properties.|64.44.900 - Application—Other remedies.

RCW 64.44.900 Application—Other remedies.This chapter shall not limit state or local government authority to act under any other statute, including chapter 35.80 or 7.48 RCW.[ 1990 c 213 § 11.]
WA Rev Code § 64.50.005 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.50 - Construction Defect Claims.|64.50.005 - Finding—Intent.

RCW 64.50.005 Finding—Intent.The legislature finds, declares, and determines that limited changes in the law are necessary and appropriate concerning actions claiming damages, indemnity, or contribution in connection with alleged construction defects. It is the intent of the legislature that this chapter apply to these types of civil actions while preserving adequate rights and remedies for property owners who bring and maintain such actions.[ 2002 c 323 § 1.]
WA Rev Code § 64.50.010 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.50 - Construction Defect Claims.|64.50.010 - Definitions.

RCW 64.50.010 Definitions.Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Action" means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim, or cross-claim, for damage or the loss of use of real or personal property caused by a defect in the construction of a residence or in the substantial remodel of a residence. "Action" does not include any civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a construction defect.(2) "Association" means an association, master association, or subassociation as defined and provided for in RCW 64.34.020(4), 64.34.276, 64.34.278, and * 64.38.010(11).(3) "Claimant" means a homeowner or association who asserts a claim against a construction professional concerning a defect in the construction of a residence or in the substantial remodel of a residence.(4) "Construction professional" means an architect, builder, builder vendor, contractor, subcontractor, engineer, or inspector, including, but not limited to, a dealer as defined in RCW 64.34.020 and a declarant as defined in RCW 64.34.020, performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property, whether operating as a sole proprietor, partnership, corporation, or other business entity.(5) "Homeowner" means: (a) Any person, company, firm, partnership, corporation, or association who contracts with a construction professional for the construction, sale, or construction and sale of a residence; and (b) an "association" as defined in this section. "Homeowner" includes, but is not limited to, a subsequent purchaser of a residence from any homeowner.(6) "Residence" means a single-family house, duplex, triplex, quadraplex, or a unit in a multiunit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system, and shall include common elements as defined in RCW 64.34.020 and common areas as defined in RCW 64.38.010(4).(7) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee.(8) "Substantial remodel" means a remodel of a residence, for which the total cost exceeds one-half of the assessed value of the residence for property tax purposes at the time the contract for the remodel work was made.[ 2020 c 18 § 23; 2002 c 323 § 2.]NOTES:*Reviser's note: RCW 64.38.010 was alphabetized pursuant to RCW 1.05.015(2)(k), changing subsection (11) to subsection (12).Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
WA Rev Code § 64.50.030 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.50 - Construction Defect Claims.|64.50.030 - List of known construction defects—Requirements—Time limits.

RCW 64.50.030 List of known construction defects—Requirements—Time limits.(1) In every action brought against a construction professional, the claimant, including a construction professional asserting a claim against another construction professional, shall file with the court and serve on the defendant a list of known construction defects in accordance with this section.(2) The list of known construction defects shall contain a description of the construction that the claimant alleges to be defective. The list of known construction defects shall be filed with the court and served on the defendant within thirty days after the commencement of the action or within such longer period as the court in its discretion may allow.(3) The list of known construction defects may be amended by the claimant to identify additional construction defects as they become known to the claimant.(4) The list of known construction defects must specify, to the extent known to the claimant, the construction professional responsible for each alleged defect identified by the claimant.(5) If a subcontractor or supplier is added as a party to an action under this section, the party making the claim against such subcontractor or supplier shall serve on the subcontractor or supplier the list of construction defects in accordance with this section within thirty days after service of the complaint against the subcontractor or supplier or within such period as the court in its discretion may allow.[ 2002 c 323 § 4.]
WA Rev Code § 64.50.040 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.50 - Construction Defect Claims.|64.50.040 - Construction defect action brought by a board of directors—Notice.

RCW 64.50.040 Construction defect action brought by a board of directors—Notice.(1)(a) In the event the board of directors, pursuant to RCW 64.34.304(1)(d) or 64.38.020(4), institutes an action asserting defects in the construction of two or more residences, common elements, or common areas, this section shall apply. For purposes of this section, "action" has the same meaning as set forth in RCW 64.50.010.(b) The board of directors shall substantially comply with the provisions of this section.(2)(a) Prior to the service of the summons and complaint on any defendant with respect to an action governed by this section, the board of directors shall mail or deliver written notice of the commencement or anticipated commencement of such action to each homeowner at the last known address described in the association's records.(b) The notice required by (a) of this subsection shall state a general description of the following:(i) The nature of the action and the relief sought; and(ii) The expenses and fees that the board of directors anticipates will be incurred in prosecuting the action.(3) Nothing in this section may be construed to:(a) Require the disclosure in the notice or the disclosure to a unit owner of attorney-client communications or other privileged communications;(b) Permit the notice to serve as a basis for any person to assert the waiver of any applicable privilege or right of confidentiality resulting from, or to claim immunity in connection with, the disclosure of information in the notice; or(c) Limit or impair the authority of the board of directors to contract for legal services, or limit or impair the ability to enforce such a contract for legal services.[ 2002 c 323 § 5.]
WA Rev Code § 64.50.050 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.50 - Construction Defect Claims.|64.50.050 - Construction professional right to offer to cure defects—Notice to homeowner.

RCW 64.50.050 Construction professional right to offer to cure defects—Notice to homeowner.(1) The construction professional shall provide notice to each homeowner upon entering into a contract for sale, construction, or substantial remodel of a residence, of the construction professional's right to offer to cure construction defects before a homeowner may commence litigation against the construction professional. Such notice shall be conspicuous and may be included as part of the underlying contract signed by the homeowner. In the sale of a condominium unit, the requirement for delivery of such notice shall be deemed satisfied if contained in a public offering statement delivered in accordance with chapter 64.34 RCW.(2) The notice required by this subsection shall be in substantially the following form:CHAPTER 64.50 RCW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE SELLER OR BUILDER OF YOUR HOME. FORTY-FIVE DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE SELLER OR BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR SELLER OR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER OR SELLER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.(3) This chapter shall not preclude or bar any action if notice is not given to the homeowner as required by this section.[ 2002 c 323 § 6.]
WA Rev Code § 64.50.060 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.50 - Construction Defect Claims.|64.50.060 - Interpretation of chapter regarding certain relationships and rights.

RCW 64.50.060 Interpretation of chapter regarding certain relationships and rights.Nothing in this chapter shall be construed to hinder or otherwise affect the employment, agency, or contractual relationship between and among homeowners and construction professionals during the process of construction or remodeling and does not preclude the termination of those relationships as allowed under current law. Nothing in this chapter shall negate or otherwise restrict a construction professional's right to access or inspection provided by law, covenant, easement, or contract.[ 2002 c 323 § 7.]
WA Rev Code § 64.55.005 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings.|64.55.005 - Application.

RCW 64.55.005 Application.(1)(a) RCW 64.55.010 through 64.55.090 apply to any multiunit residential building for which the permit for construction or rehabilitative construction of such building was issued on or after August 1, 2005.(b) RCW 64.55.010 and 64.55.090 apply to conversion condominiums as defined in RCW 64.34.020 or conversion buildings as defined in RCW 64.90.010, provided that RCW 64.55.090 shall not apply to a condominium conversion for which a public offering statement had been delivered pursuant to chapter 64.34 RCW prior to August 1, 2005.(2) RCW 64.55.010 and 64.55.100 through 64.55.160 and 64.34.415 apply to any action that alleges breach of an implied or express warranty under chapter 64.34 RCW or that seeks relief that could be awarded for such breach, regardless of the legal theory pleaded, except that RCW 64.55.100 through 64.55.160 and 64.34.415 shall not apply to:(a) Actions filed or served prior to August 1, 2005;(b) Actions for which a notice of claim was served pursuant to chapter 64.50 RCW prior to August 1, 2005;(c) Actions asserting any claim regarding a building that is not a multiunit residential building;(d) Actions asserting any claim regarding a multiunit residential building that was permitted on or after August 1, 2005, unless the letter required by RCW 64.55.060 has been submitted to the appropriate building department or the requirements of RCW 64.55.090 have been satisfied.(3) Other than the requirements imposed by RCW 64.55.010 through 64.55.090, nothing in this chapter amends or modifies the provisions of RCW 64.34.050.[ 2019 c 238 § 216; 2005 c 456 § 1.]
WA Rev Code § 64.55.020 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings.|64.55.020 - Building permit application—Submission of design documents.

RCW 64.55.020 Building permit application—Submission of design documents.(1) Any person applying for a building permit for construction of a multiunit residential building or rehabilitative construction shall submit building enclosure design documents to the appropriate building department prior to the start of construction or rehabilitative construction of the building enclosure. If construction work on a building enclosure is not rehabilitative construction because the cost thereof is not more than five percent of the assessed value of the building, then the person applying for a building permit shall submit to the building department a letter so certifying. Any changes to the building enclosure design documents that alter the manner in which the building or its components is waterproofed, weatherproofed, and otherwise protected from water or moisture intrusion shall be stamped by the architect or engineer and shall be provided to the building department and to the person conducting the course of construction inspection in a timely manner to permit such person to inspect for compliance therewith, and may be provided through individual updates, cumulative updates, or as-built updates.(2) The building department shall not issue a building permit for construction of the building enclosure of a multiunit residential building or for rehabilitative construction unless the building enclosure design documents contain a stamped statement by the person stamping the building enclosure design documents in substantially the following form: "The undersigned has provided building enclosure documents that in my professional judgment are appropriate to satisfy the requirements of RCW 64.55.005 through 64.55.090."(3) The building department is not charged with determining whether the building enclosure design documents are adequate or appropriate to satisfy the requirements of RCW 64.55.005 through 64.55.090. Nothing in RCW 64.55.005 through 64.55.090 requires a building department to review, approve, or disapprove enclosure design documents.[ 2005 c 456 § 3.]
WA Rev Code § 64.55.030 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings.|64.55.030 - Inspection required.

RCW 64.55.030 Inspection required.All multiunit residential buildings shall have the building enclosure inspected by a qualified inspector during the course of initial construction and during rehabilitative construction.[ 2005 c 456 § 4.]
WA Rev Code § 64.55.040 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings.|64.55.040 - Inspectors—Qualifications.

RCW 64.55.040 Inspectors—Qualifications.(1) A qualified building enclosure inspector:(a) Must be the architect or engineer of record or another person with substantial and verifiable training and experience in building enclosure design and construction;(b) Shall be free from improper interference or influence relating to the inspections; and(c) May not be an employee, officer, or director of, nor have any pecuniary interest in, the declarant, developer, association, or any party providing services or materials for the project, or any of their respective affiliates, except that the qualified inspector may be the architect or engineer who approved the building enclosure design documents or the architect or engineer of record. The qualified inspector may, but is not required to, assist with the preparation of such design documents.(2) Nothing in this section alters requirements for licensure of any architect, engineer, or other professional, or alters the jurisdiction, authority, or scope of practice of architects, engineers, other professionals, or general contractors.[ 2021 c 260 § 1; 2005 c 456 § 5.]
WA Rev Code § 64.55.050 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings.|64.55.050 - Scope of inspection—Definition.

RCW 64.55.050 Scope of inspection—Definition.(1) Any inspection required by this chapter shall include, at a minimum, the following:(a) Water penetration resistance testing of a representative sample of windows and window installations. Such tests shall be conducted according to industry standards. Where appropriate, tests shall be conducted with an induced air pressure difference across the window and window installation. Additional testing is not required if the same assembly has previously been tested in situ within the previous two years in the project under construction by the builder, by another member of the construction team such as an architect or engineer, or by an independent testing laboratory; and(b) An independent periodic review of the building enclosure during the course of construction or rehabilitative construction to ascertain whether the multiunit residential building has been constructed, or the rehabilitative construction has been performed, in substantial compliance with the building enclosure design documents.(2) Subsection (1)(a) of this section shall not apply to rehabilitative construction if the windows and adjacent cladding are not altered in the rehabilitative construction.(3) "Project" means one or more parcels of land in a single ownership, which are under development pursuant to a single land use approval or building permit, where window installation is performed by the owner with its own forces, or by the same general contractor, or, if the owner is contracting directly with trade contractors, is performed by the same trade contractor.[ 2005 c 456 § 6.]