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LEGAL OPINION
Q: I have heard that there has been a change to the Residential Landlord-Tenant Act relating to fire safety. What is going on?
A: Effective June 13, 2002, rental property owners and managers must begin to comply with a new fire safety disclosure law. Senate bill 5624 was signed by Governor Gary Locke on March 29, 2002. This law amends RCW 59.18.060(11) and requires owners and managers of multi-family properties to make certain disclosures regarding fire safety at the time a lease is signed. Single-family residences are exempt from the new disclosure law.
All leases signed with new tenants must contain the required disclosure beginning June 13, 2002. These disclosures include, for example, whether the building has fire sprinklers or not. Similar notices must also be given to existing tenants no later than January 1, 2004. The statute does not contain a specific monetary penalty for failing to give the required notice and disclosures, tenants could terminate leases unilaterally and vacate the premises as provided in RCW 59.18.090(1).
Because some elected officials endorse sprinkler retrofit on multifamily buildings, a legislative compromise was to require disclosure of fire safety equipment and policies. This will permit potential residents to make informed choices about where to rent. Although the state law does not specifically require the adoption (for example) of an emergency evacuation plan), building owners and managers may wish to give consideration to adopting such plans and policies. It is possible that when other buildings begin to adopt and publicize these plans, a legal "standard of care" could develop. It is then possible that failure to adopt such plans could be deemed to be negligence on the part of building owners and managers.
***For further information, please contact,
ORCA Information @ 800-341-0022
*** This column does not constitute legal advise. Specific problems require specific solutions. Chris Benis is the Legal Counsel for the Apartment Association of Seattle and King County, a landlord and principal partner of Harrison, Benis & Spence, LLP.
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