reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.63 - Planning and Zoning in Code Cities. › 35A.63.170 - Hearing examiner system—Adoption authorized—Alternative—Functions—Procedures.

RCW 35A.63.170
Hearing examiner system—Adoption authorized—Alternative—Functions—Procedures.
(1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and report on any proposal to amend a zoning ordinance, the legislative body of a city may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and decide applications for amending the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative body may vest in a hearing examiner the power to hear and decide those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:
(a) Applications for conditional uses, variances, subdivisions, shoreline permits, or any other class of applications for or pertaining to development of land or land use;
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative body shall prescribe procedures to be followed by a hearing examiner. If the legislative authority vests in a hearing examiner the authority to hear and decide variances, then the provisions of RCW 35A.63.110 shall not apply to the city.
(2) Each city legislative body electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. The legal effect of such decisions may vary for the different classes of applications decided by the examiner but shall include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative body;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body; or
(c) Except in the case of a rezone, the decision may be given the effect of a final decision of the legislative body.
(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city's comprehensive plan and the city's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.
[ 1995 c 347 § 424; 1994 c 257 § 7; 1977 ex.s. c 213 § 2.]
NOTES:
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
Severability—1977 ex.s. c 213: See note following RCW 35.63.130.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.63 - Planning and Zoning in Code Cities. › 35A.63.200 - Conformance with chapter 43.97 RCW required.

RCW 35A.63.200
Conformance with chapter 43.97 RCW required.
With respect to the National Scenic Area, as defined in the Columbia River Gorge National Scenic Area Act, P.L. 99-663, the exercise of any power or authority by a city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including the Interstate Compact adopted by RCW 43.97.015, and with the management plan regulations and ordinances adopted by the Columbia River Gorge commission pursuant to the Compact.
[ 1987 c 499 § 7.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.63 - Planning and Zoning in Code Cities. › 35A.63.210 - Child care facilities—Review of need and demand—Adoption of ordinances.

RCW 35A.63.210
Child care facilities—Review of need and demand—Adoption of ordinances.
Each municipality that does not provide for the siting of family day care homes in zones or areas that are designated for single-family or other residential uses, and for the siting of mini-day care centers and day care centers in zones or areas that are designated for any residential or commercial uses, shall conduct a review of the need and demand for child care facilities, including the cost of any conditional or special use permit that may be required. The review shall be completed by August 31, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans and zones under this chapter shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted.
[ 1989 c 335 § 5.]
NOTES:
*Reviser's note: Powers, duties, and functions of the department of community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Findings—Purpose—Severability—1989 c 335: See notes following RCW 35.63.170.
Definitions for RCW 35A.63.210: See RCW 35.63.170.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.63 - Planning and Zoning in Code Cities. › 35A.63.215 - Family day-care provider's home facility—City may not prohibit in residential or commercial area—Conditions.

RCW 35A.63.215
Family day-care provider's home facility—City may not prohibit in residential or commercial area—Conditions.
(1) Except as provided in subsections (2) and (3) of this section, no city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.
(2) A city may require that the facility: (a) Comply with all building, fire, safety, health code, and business licensing requirements; (b) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (c) is certified by the department of children, youth, and families licensor as providing a safe passenger loading area; (d) include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift.
(3) A city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
(4) Nothing in this section shall be construed to prohibit a city from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 43.216.010.
[ 2018 c 58 § 24; 2007 c 17 § 11; 2003 c 286 § 4; 1995 c 49 § 2; 1994 c 273 § 16.]
NOTES:
Effective date—2018 c 58: See note following RCW 28A.655.080.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.63 - Planning and Zoning in Code Cities. › 35A.63.220 - Moratoria, interim zoning controls—Public hearing—Limitation on length.

RCW 35A.63.220
Moratoria, interim zoning controls—Public hearing—Limitation on length.
A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium of [or] interim zoning ordinance may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.
[ 1992 c 207 § 3.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.63 - Planning and Zoning in Code Cities. › 35A.63.240 - Treatment of residential structures occupied by persons with handicaps.

RCW 35A.63.240
Treatment of residential structures occupied by persons with handicaps.
No city may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).
[ 1993 c 478 § 21.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.63 - Planning and Zoning in Code Cities. › 35A.63.250 - Watershed restoration projects—Permit processing—Fish habitat enhancement project.

RCW 35A.63.250
Watershed restoration projects—Permit processing—Fish habitat enhancement project.
(1) A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510.
(2) A fish habitat enhancement project meeting the criteria of RCW 77.55.181 shall be reviewed and approved according to the provisions of RCW 77.55.181.
[ 2014 c 120 § 12; 2003 c 39 § 17; 1998 c 249 § 6; 1995 c 378 § 9.]
NOTES:
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.63 - Planning and Zoning in Code Cities. › 35A.63.260 - Planning regulations—Copies provided to county assessor.

RCW 35A.63.260
Planning regulations—Copies provided to county assessor.
By July 31, 1997, a code city planning under RCW 36.70A.040 shall provide to the county assessor a copy of the code city's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.
[ 1996 c 254 § 4.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.63 - Planning and Zoning in Code Cities. › 35A.63.270 - General aviation airports.

RCW 35A.63.270
General aviation airports.
Adoption and amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547.
[ 1996 c 239 § 4.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.63 - Planning and Zoning in Code Cities. › 35A.63.280 - Conditional and special use permit applications by parties licensed or certified by the department of social and health services or the department of corrections—Mediation prior to appeal required.

RCW 35A.63.280
Conditional and special use permit applications by parties licensed or certified by the department of social and health services or the department of corrections—Mediation prior to appeal required.
A final decision by a hearing examiner involving a conditional or special use permit application under this chapter that is requested by a party that is licensed or certified by the department of social and health services or the department of corrections is subject to mediation under RCW 35.63.260 before an appeal may be filed.
[ 1998 c 119 § 2.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.63 - Planning and Zoning in Code Cities. › 35A.63.290 - Application for a permit to site an energy plant or alternative energy resource—Written notice to United States department of defense.

RCW 35A.63.290
Application for a permit to site an energy plant or alternative energy resource—Written notice to United States department of defense.
(1) Upon receipt of an application for a permit to site an energy plant or alternative energy resource that is connected to electrical transmission facilities of a nominal voltage of at least one hundred fifteen thousand volts, the city shall notify in writing the United States department of defense. The notification shall include, but not be limited to, the following:
(a) A description of the proposed energy plant or alternative energy resource;
(b) The location of the site;
(c) The placement of the energy plant or alternative energy resource on the site;
(d) The date and time by which comments must be received by the city; and
(e) Contact information of the city permitting authority and the applicant.
(2) The purpose of the written notification is to provide an opportunity for the United States department of defense to comment upon the application, and to identify potential issues relating to the placement and operations of the energy plant or alternative energy resource, before a permit application is approved. The time period set forth by the city for receipt of such comments shall not extend the time period for the city's processing of the application.
(3) For the purpose of this section, "alternative energy resource," "energy plant," and "electrical transmission facility" shall each have the meaning set forth in RCW 80.50.020.
[ 2011 c 261 § 4.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.63 - Planning and Zoning in Code Cities. › 35A.63.300 - Increased density bonus for affordable housing located on property owned by a religious organization.

RCW 35A.63.300
Increased density bonus for affordable housing located on property owned by a religious organization.
(1) A city planning under this chapter must allow an increased density bonus consistent with local needs for any affordable housing development of any single-family or multifamily residence located on real property owned or controlled by a religious organization provided that:
(a) The affordable housing development is set aside for or occupied exclusively by low-income households;
(b) The affordable housing development is part of a lease or other binding obligation that requires the development to be used exclusively for affordable housing purposes for at least fifty years, even if the religious organization no longer owns the property; and
(c) The affordable housing development does not discriminate against any person who qualifies as a member of a low-income household based on race, creed, color, national origin, sex, veteran or military status, sexual orientation, or mental or physical disability; or otherwise act in violation of the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.).
(2) A city may develop policies to implement this section if it receives a request from a religious organization for an increased density bonus for an affordable housing development.
(3) The religious organization developing the affordable housing development must pay all fees, mitigation costs, and other charges required through the development of the affordable housing development.
(4) If applicable, the religious organization developing the affordable housing development should work with the local transit agency to ensure appropriate transit services are provided to the affordable housing development.
(5) This section applies to any religious organization rehabilitating an existing affordable housing development.
(6) For purposes of this section:
(a) "Affordable housing development" means a proposed or existing structure in which one hundred percent of all single-family or multifamily residential dwelling units within the development are set aside for or are occupied by low-income households at a sales price or rent amount that may not exceed thirty percent of the income limit for the low-income housing unit;
(b) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for the county where the affordable housing development is located; and
(c) "Religious organization" has the same meaning as in RCW 35A.21.360.
[ 2019 c 218 § 2.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.63 - Planning and Zoning in Code Cities. › 35A.63.310 - Development regulations to implement comprehensive plans—Siting of organic materials management facilities.

RCW 35A.63.310
Development regulations to implement comprehensive plans—Siting of organic materials management facilities.
For cities not planning under RCW 36.70A.040, development regulations to implement comprehensive plans required under RCW 35A.63.060 that are newly developed, updated, or amended after January 1, 2025, must allow for the siting of organic materials management facilities in the areas identified by the county in which the city is located under RCW 70A.205.040(3)(a)(i) to the extent necessary to provide for the establishment of the organic materials management volumetric capacity identified under RCW 70A.205.040(3)(a)(ii).
[ 2022 c 180 § 604.]
NOTES:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.64 - Public Property, Real and Personal. › 35A.64.010 - Acquisition of by conditional sales contracts.

RCW 35A.64.010
Acquisition of by conditional sales contracts.
A code city may exercise the powers relating to acquisition of real or personal property under executory conditional sales contracts as authorized by RCW 39.30.010.
[ 1967 ex.s. c 119 § 35A.64.010.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.64 - Public Property, Real and Personal. › 35A.64.020 - Purchase of products made by blind.

RCW 35A.64.020
Purchase of products made by blind.
A code city may exercise the powers relating to the acquisition of products made by the blind as authorized by RCW 19.06.020.
[ 1967 ex.s. c 119 § 35A.64.020.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.64 - Public Property, Real and Personal. › 35A.64.180 - Disinfection of property.

RCW 35A.64.180
Disinfection of property.
Every code city shall disinfect or destroy all infected trees or shrubs growing upon public property within the city's jurisdiction and may expend city funds in carrying out the provisions of this section, and shall otherwise be governed by the provisions of chapter 15.08 RCW relating to horticultural pests and diseases.
[ 1967 ex.s. c 119 § 35A.64.180.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.64 - Public Property, Real and Personal. › 35A.64.200 - Eminent domain by cities.

RCW 35A.64.200
Eminent domain by cities.
A code city may exercise all powers relating to eminent domain as authorized by chapters 8.12 and 8.28 RCW in accordance with the procedures therein prescribed and subject to any limitations therein provided.
[ 1967 ex.s. c 119 § 35A.64.200.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.65 - Publication and Printing. › 35A.65.010 - Public printing.

RCW 35A.65.010
Public printing.
All printing, binding and stationery work done for any code city shall be done within the state and all proposals, requests and invitations to submit bids, prices or contracts thereon and all contracts for such work shall so stipulate subject to the limitations contained in RCW 43.19.748 and 35.23.352.
[ 2015 c 225 § 31; 1967 ex.s. c 119 § 35A.65.010.]
NOTES:
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.65 - Publication and Printing. › 35A.65.020 - Publication of legal notice.

RCW 35A.65.020
Publication of legal notice.
The publication of a legal notice required by general law or by a code city ordinance shall be in a newspaper of general circulation within the city having the qualifications prescribed by chapter 65.16 RCW and shall be governed by the provisions thereof as the same relate to a city of any class.
[ 1967 ex.s. c 119 § 35A.65.020.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.66 - Health and Safety—Alcohol. › 35A.66.010 - Alcoholism—Standards for institutions.

RCW 35A.66.010
Alcoholism—Standards for institutions.
In addition to regulating the use of alcoholic beverages, a code city may exercise the powers relating to prescribing standards for institutions for treating alcoholism as authorized by RCW 71.12.550.
[ 1967 ex.s. c 119 § 35A.66.010.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.66 - Health and Safety—Alcohol. › 35A.66.020 - Liquors, local option on sale of—Enforcement of state laws, sharing proceeds of liquor profits and excise tax.

RCW 35A.66.020
Liquors, local option on sale of—Enforcement of state laws, sharing proceeds of liquor profits and excise tax.
The qualified electors of any code city may petition for an election upon the question of whether the sale of liquor shall be permitted within the boundaries of such city as provided by chapter 66.40 RCW, and shall be governed by the procedure therein: PROVIDED, That every code city shall enforce state laws relating to the investigation and prosecution of all violations of Title 66 RCW relating to control of alcoholic beverages and shall be entitled to retain the fines collected therefrom as therein provided. Every code city shall also share in the allocation and distribution of liquor profits and excise as provided in RCW 82.08.170, 66.08.190, and 66.08.210, and make reports of seizure as required by RCW 66.32.090, and otherwise regulate by ordinances not in conflict with state law or liquor and cannabis board regulations.
[ 2023 c 102 § 35; 1967 ex.s. c 119 § 35A.66.020.]
NOTES:
State liquor and cannabis board: Chapter 66.08 RCW.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.67 - Recreation and Parks. › 35A.67.010 - Parks, beaches and camps.

RCW 35A.67.010
Parks, beaches and camps.
In addition to exercising all powers relating to the acquisition of land, the improvement and operation thereof, or cooperation with other taxing districts in connection with park or recreation facilities, any code city may exercise the powers relating to acquisition and operation of recreational facilities, establishment and operation of public camps, and contracting with other taxing or governmental agencies for the acquisition or operation of public parks, camps and recreational facilities as authorized by chapter 67.20 RCW, in accordance with the procedures prescribed in and authorized by *RCW 79.08.080 and 79.08.090 in the application for use of state-owned tide or shorelands for a municipal park or playground purposes.
[ 1967 ex.s. c 119 § 35A.67.010.]
NOTES:
*Reviser's note: RCW 79.08.080 and 79.08.090 were recodified as RCW 79.94.175 and 79.94.181 pursuant to 2003 c 334 § 570. RCW 79.94.175 and 79.94.181 were subsequently recodified as RCW 79.125.710 and 79.125.720 pursuant to 2005 c 155 § 1008.
Acquisition of interests in land for conservation, protection, preservation, or open space purposes by cities: RCW 64.04.130.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.68 - Cemeteries and Morgues. › 35A.68.010 - Acquisition—Care and investment of funds.

RCW 35A.68.010
Acquisition—Care and investment of funds.
A code city may exercise the powers to acquire, own, improve, manage, operate and regulate real and personal property for the operation of the city morgue, cemetery or other place for the burial of the dead, to create cemetery boards or commissions, to establish and manage funds for cemetery improvement and care and to make all necessary or desirable rules and regulations concerning the control and management of burial places and the investment of funds relating thereto and accounting therefor as is authorized by chapter 68.52 RCW, RCW 35.22.280, 35.23.440, * 35.24.300 and 35.27.370(2) in accordance with the procedures and requirements prescribed by said laws and authority to be included within a cemetery district as authorized and conformed to the requirements of Title 68 RCW.
[ 1987 c 331 § 80; 1967 ex.s. c 119 § 35A.68.010.]
NOTES:
*Reviser's note: RCW 35.24.300 was recodified as RCW 35.23.452 pursuant to 1994 c 81 § 90.
Effective date—1987 c 331: See RCW 68.05.900.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.69 - Food and Drug. › 35A.69.010 - Powers and duties prescribed.

RCW 35A.69.010
Powers and duties prescribed.
Every code city shall have the powers, perform the functions and duties and enforce the regulations prescribed by general laws relating to food and drugs for any class of city as provided by Title 69 RCW; relating to water pollution control as provided by chapter 90.48 RCW; and relating to food fish and shellfish as provided by Title 77 RCW.
[ 2003 c 39 § 18; 1999 c 291 § 31; 1994 c 143 § 512. Prior: 1983 1st ex.s. c 46 § 177; 1983 c 3 § 71; 1967 ex.s. c 119 § 35A.69.010.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.70 - Health and Safety. › 35A.70.010 - Waters within city—City's water supply.

RCW 35A.70.010
Waters within city—City's water supply.
Every code city shall have authority to protect waters within the city or comprising part of the city's water supply pursuant to the authority provided therefor by RCW 9.66.050, 54.16.050, 69.30.130, * 57.08.010, 8.12.030, 70.54.010 and 70.54.030.
[ 1996 c 230 § 1606; 1967 ex.s. c 119 § 35A.70.010.]
NOTES:
*Reviser's note: RCW 57.08.010 was repealed by 1996 c 230 § 1703, effective July 1, 1997. For later enactment, see RCW 57.08.005.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.70 - Health and Safety. › 35A.70.020 - Regulating assisted living facilities.

RCW 35A.70.020
Regulating assisted living facilities.
A code city may exercise the powers relating to enforcement of regulations for assisted living facilities.
[ 2012 c 10 § 40; 1967 ex.s. c 119 § 35A.70.020.]
NOTES:
Application—2012 c 10: See note following RCW 18.20.010.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.70 - Health and Safety. › 35A.70.040 - Buildings, construction standards.

RCW 35A.70.040
Buildings, construction standards.
In addition to other provisions of the law granting authority and imposing duties, a code city may exercise the powers relating to providing standards for the construction of buildings as provided in chapter 70.86 RCW and shall report the issuance of building permits for new construction as required by *RCW 36.21.040 through 36.21.060.
[ 1967 ex.s. c 119 § 35A.70.040.]
NOTES:
*Reviser's note: RCW 36.21.040 through 36.21.060 were repealed by 1989 c 246 § 8.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.70 - Health and Safety. › 35A.70.050 - City electrical code—State safety regulations.

RCW 35A.70.050
City electrical code—State safety regulations.
Every code city may adopt ordinances regulating or otherwise controlling the installation of electrical wiring, equipment, apparatus or appliances as authorized by *RCW 19.28.360 and by other general law and shall obey, observe and comply with every order, approval, direction or requirement made by the director or the commission under authority of chapter 19.29 RCW.
[ 1967 ex.s. c 119 § 35A.70.050.]
NOTES:
*Reviser's note: RCW 19.28.360 was recodified as RCW 19.28.141 pursuant to 2000 c 238 § 102.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.70 - Health and Safety. › 35A.70.060 - Elevators, moving walks.

RCW 35A.70.060
Elevators, moving walks.
All conveyances owned or operated by code cities as defined by the provisions of chapter 70.87 RCW, shall be subject to the provisions of that chapter to the extent specifically provided for therein.
[ 1967 ex.s. c 119 § 35A.70.060.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.70 - Health and Safety. › 35A.70.070 - Public health and safety, general laws applicable.

RCW 35A.70.070
Public health and safety, general laws applicable.
Every code city may exercise the powers authorized and shall perform the duties imposed upon cities of like population relating to the public health and safety as provided by Title 70 RCW and, without limiting the generality of the foregoing, shall: (1) Organize boards of health and appoint a health officer with the authority, duties and functions as provided in chapter 70.05 RCW, or provide for combined city-county health departments as provided and in accordance with the provisions of chapter 70.08 RCW; (2) contribute and participate in public health pooling funds as authorized by chapter 70.12 RCW; (3) control and provide for treatment of sexually transmitted diseases as authorized by chapter 70.24 RCW; (4) provide for the care and control of tuberculosis as provided in chapters 70.28, 70.30, and 70.54 RCW; (5) participate in health districts as authorized by chapter 70.46 RCW; (6) exercise control over water pollution as provided in chapter 35.88 RCW; (7) for all code cities having a population of more than twenty thousand serve as a primary district for registration of vital statistics in accordance with the provisions of chapter 70.58A RCW; (8) observe and enforce the provisions relating to fireworks as provided in chapter 70.77 RCW; (9) enforce the provisions relating to swimming pools provided in chapter 70.90 RCW; (10) enforce the provisions of chapter 18.20 RCW when applicable; (11) perform the functions relating to persons with mental illness prescribed in chapters 72.06 and 71.12 RCW; (12) cooperate with the state department of social and health services in mosquito control as authorized by RCW 70.22.060; and (13) inspect nursing homes as authorized by RCW 18.51.145.
[ 2019 c 148 § 34; 1987 c 223 § 4; 1985 c 213 § 12; 1981 1st ex.s. c 2 § 25; 1979 c 141 § 42; 1967 ex.s. c 119 § 35A.70.070.]
NOTES:
Effective date—Rule-making authority—2019 c 148: See RCW 70.58A.901 and 70.58A.902.
Savings—Effective date—1985 c 213: See notes following RCW 43.20.050.
Severability—Effective date—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.74 - Welfare. › 35A.74.010 - General law applicable.

RCW 35A.74.010
General law applicable.
Code cities may exercise authority granted by general law and available to any class of city for the relief of the poor and destitute, including, but not limited to the provisions of *RCW 74.04.390 through 74.04.470.
[ 1967 ex.s. c 119 § 35A.74.010.]
NOTES:
*Reviser's note: RCW 74.04.390 through 74.04.470 were repealed by 1991 c 126 § 11.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.79 - Property and Materials. › 35A.79.010 - Powers to acquire, use and manage.

RCW 35A.79.010
Powers to acquire, use and manage.
A code city shall have all powers provided by general law to cities of any class relating to the receipt of donations of money and property, the acquisition, leasing and disposition of municipal property, both real and personal, including, but not limited to, the following: (1) Intergovernmental leasing, transfer or disposition of property as provided by chapter 39.33 RCW; (2) disposition of unclaimed property as provided by chapters 63.32 and 63.21 RCW; (3) disposition of local improvement district foreclosures as provided by chapter 35.53 RCW; (4) materials removed from public lands as provided by *RCW 79.90.150; (5) purchase of federal surplus property as provided by chapter 39.32 RCW; and (6) land for recreation as provided by **chapter 43.99 RCW. A code city in connection with the acquisition of property shall be subject to provisions relating to tax liens as provided by RCW 84.60.050 and 84.60.070. The general law relating to the damage or destruction of public property of a code city or interferences with the duties of a police or other officer shall relate to code city's properties and officers to the same extent as such laws apply to any class of city, its property or officers.
[ 1983 c 3 § 72; 1979 ex.s. c 30 § 3; 1967 ex.s. c 119 § 35A.79.010.]
NOTES:
Reviser's note: *(1) RCW 79.90.150 was recodified as RCW 79.140.110 pursuant to 2005 c 155 § 1011.
**(2) Chapter 43.99 RCW was recodified as chapter 79A.25 RCW pursuant to 1999 c 249 § 1601.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.79 - Property and Materials. › 35A.79.020 - Authority to transfer real property.

RCW 35A.79.020
Authority to transfer real property.
Code cities are authorized to transfer real property pursuant to RCW 43.83.400 and 43.83.410.
[ 2015 1st sp.s. c 4 § 29; 2006 c 35 § 11.]
NOTES:
Findings—2006 c 35: See note following RCW 43.83.400.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.80 - Public Utilities. › 35A.80.010 - General laws applicable.

RCW 35A.80.010
General laws applicable.
A code city may provide utility service within and without its limits and exercise all powers to the extent authorized by general law for any class of city or town. The cost of such improvements may be financed by procedures provided for financing local improvement districts in chapters 35.43 through 35.54 RCW and by revenue and refunding bonds as authorized by chapters 35.41, 35.67 and 35.89 RCW and Title 85 RCW. A code city may protect and operate utility services as authorized by chapters 35.88, 35.91, 35.92, and 35.94 RCW and may acquire and damage property in connection therewith as provided by chapter 8.12 RCW and shall be governed by the regulations of the department of ecology as provided in RCW 90.48.110.
[ 1988 c 127 § 2; 1967 ex.s. c 119 § 35A.80.010.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.80 - Public Utilities. › 35A.80.020 - Electric energy.

RCW 35A.80.020
Electric energy.
Any code city is authorized to enter into contracts or compacts with any commission or any operating agency or publicly or privately owned utility for the purchase and sale of electric energy or falling waters as provided in RCW 43.52.410 and chapter 35.84 RCW and to exercise any other authority granted to cities as provided in chapter 43.52 RCW.
[ 1967 ex.s. c 119 § 35A.80.020.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.80 - Public Utilities. › 35A.80.030 - Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts.

RCW 35A.80.030
Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts.
See RCW 87.03.825 through 87.03.840.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.80 - Public Utilities. › 35A.80.040 - Code cities encouraged to provide utility customers with landscaping information and to request voluntary donations for urban forestry.

RCW 35A.80.040
Code cities encouraged to provide utility customers with landscaping information and to request voluntary donations for urban forestry.
(1) Code cities providing utility services under this chapter are encouraged to provide information to their customers regarding landscaping that includes tree planting for energy conservation.
(2)(a) Code cities providing utility services under this chapter are encouraged to request voluntary donations from their customers for the purposes of urban forestry. The request may be in the form of a check-off on the billing statement or other form of a request for a voluntary donation.
(b) Voluntary donations collected by code cities under this section may be used by the code city to:
(i) Support the development and implementation of urban forestry ordinances, as that term is defined in RCW 76.15.010, for cities, towns, or counties within their service areas; or
(ii) Complete projects consistent with the urban forestry management plans and ordinances developed under RCW 76.15.090.
(c) Donations received under this section do not contribute to the gross income of a light and power business or gas distribution business under chapter 82.16 RCW.
[ 2021 c 209 § 13; 2008 c 299 § 20; 1993 c 204 § 3.]
NOTES:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Short title—2008 c 299: See note following RCW 76.15.020.
Findings—1993 c 204: See note following RCW 35.92.390.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.80 - Public Utilities. › 35A.80.050 - Purchase of electric power and energy from joint operating agency.

RCW 35A.80.050
Purchase of electric power and energy from joint operating agency.
A code city may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the code city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.
[ 2003 c 138 § 7.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.80 - Public Utilities. › 35A.80.060 - Voluntary donations for purpose of supporting hunger programs.

RCW 35A.80.060
Voluntary donations for purpose of supporting hunger programs.
(1) Code cities providing utility services under this chapter may request voluntary donations from their customers for the purpose of supporting hunger programs.
(2) Voluntary donations collected by code cities under this section must be used by the code city to support the maintenance and operation of hunger programs.
(3) Donations received under this section do not contribute to the gross income of a light and power business or gas distribution business under chapter 82.16 RCW.
(4) Nothing in this section precludes a code city providing utility services from requesting voluntary donations to support other programs.
[ 2011 c 226 § 3.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.81 - Public Transportation. › 35A.81.010 - Application of general law.

RCW 35A.81.010
Application of general law.
Motor vehicles owned and operated by any code city are exempt from the provisions of chapter 81.80 RCW, except where specifically otherwise provided. Urban passenger transportation systems must receive a refund of the amount of the motor vehicle fuel tax paid on each gallon of motor vehicle fuel used in such systems to the extent authorized by chapter 82.38 RCW. Notwithstanding any provision of the law to the contrary, every urban passenger transportation system as defined in RCW 82.38.080 are exempt from the provisions of chapter 82.38 RCW which requires the payment of use fuel taxes.
[ 2013 c 225 § 603; 1983 c 3 § 73; 1967 ex.s. c 119 § 35A.81.010.]
NOTES:
Effective date—2013 c 225: See note following RCW 82.38.010.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.82 - Taxation—Excises. › 35A.82.010 - State shared excises.

RCW 35A.82.010
State shared excises.
A code city shall collect, receive and share in the distribution of state collected and distributed excise taxes to the same extent and manner as general laws relating thereto apply to any class of city or town including, but not limited to, funds distributed to cities under *RCW 82.36.020 relating to motor vehicle fuel tax, RCW 82.38.290 relating to use fuel tax, and RCW * 82.36.275 and ** 82.38.080(3).
[ 1998 c 176 § 2; 1995 c 274 § 4; 1985 c 7 § 102; 1983 c 3 § 74; 1967 ex.s. c 119 § 35A.82.010.]
NOTES:
Reviser's note: *(1) Chapter 82.36 RCW was repealed in its entirety by 2013 c 225 § 501, effective July 1, 2016.
**(2) RCW 82.38.080 was amended by 2013 c 225 § 111, deleting subsection (3), effective July 1, 2016. See RCW 82.38.080(1)(f).
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.82 - Taxation—Excises. › 35A.82.020 - Licenses and permits—Excises for regulation.

RCW 35A.82.020
Licenses and permits—Excises for regulation.
A code city may exercise the authority authorized by general law for any class of city to license and revoke the same for cause, to regulate, make inspections and to impose excises for regulation or revenue in regard to all places and kinds of business, production, commerce, entertainment, exhibition, and upon all occupations, trades and professions and any other lawful activity: PROVIDED, That no license or permit to engage in any such activity or place shall be granted to any who shall not first comply with the general laws of the state.
No such license shall be granted to continue for longer than a period of one year from the date thereof and no license or excise shall be required where the same shall have been preempted by the state, nor where exempted by the state, including, but not limited to, the provisions of RCW 36.71.090 and chapter 73.04 RCW relating to veterans.
[ 1967 ex.s. c 119 § 35A.82.020.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.82 - Taxation—Excises. › 35A.82.025 - Authority to regulate massage therapists—Limitations.

RCW 35A.82.025
Authority to regulate massage therapists—Limitations.
(1) A state licensed massage therapist seeking a city license to operate a massage business must provide verification of his or her state massage license as provided for in RCW 18.108.030.
(2) The city may charge a licensing or operating fee, but the fee charged a state licensed massage therapist shall not exceed the licensing or operating fee imposed on similar health care providers, such as physical therapists or occupational therapists, operating within the same city.
(3) A state licensed massage therapist is not subject to additional licensing requirements not currently imposed on similar health care providers, such as physical therapists or occupational therapists.
[ 2016 c 41 § 24; 1991 c 182 § 2.]
NOTES:
Effective date—2016 c 41: See note following RCW 18.108.010.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.82 - Taxation—Excises. › 35A.82.042 - City license fees or taxes on certain business activities to be at a single uniform rate.

RCW 35A.82.042
City license fees or taxes on certain business activities to be at a single uniform rate.
See RCW 35.21.710.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.82 - Taxation—Excises. › 35A.82.050 - License fees or taxes upon certain business activities to be at single uniform rate.

RCW 35A.82.050
License fees or taxes upon certain business activities to be at single uniform rate.
Any code city which imposes a license fee or tax upon business activities consisting of the making of retail sales of tangible personal property which are measured by gross receipts or gross income from such sales, shall impose such tax at a single uniform rate upon all such business activities. This section shall not apply to any business activities subject to the tax imposed by chapter 82.16 RCW. For purposes of this section, the providing to consumers of competitive telephone service, as defined in RCW 82.04.065, or the providing of payphone service as defined in RCW 35.21.710, shall be subject to tax at the same rate as business activities consisting of the making of retail sales of tangible personal property.
[ 2002 c 179 § 3; 1983 2nd ex.s. c 3 § 34; 1981 c 144 § 7; 1972 ex.s. c 134 § 7.]
NOTES:
Effective date—2002 c 179: See note following RCW 35.21.710.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.82 - Taxation—Excises. › 35A.82.055 - License fees or taxes on telephone business to be at uniform rate.

RCW 35A.82.055
License fees or taxes on telephone business to be at uniform rate.
Any code city which imposes a license fee or tax upon the business activity of engaging in the telephone business, as defined in RCW 82.16.010, which is measured by gross receipts or gross income from the business shall impose the tax at a uniform rate on all persons engaged in the telephone business in the code city.
This section does not apply to the providing of competitive telephone service as defined in RCW 82.04.065 or to the providing of payphone service as defined in RCW 35.21.710.
[ 2007 c 6 § 1012; 2002 c 179 § 4; 1983 2nd ex.s. c 3 § 36; 1981 c 144 § 9.]
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.
Effective date—2002 c 179: See note following RCW 35.21.710.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.