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70.128.130 | Adult family homes—Requirements. | (1) The provider is ultimately responsible for the day-to-day operations of each licensed adult family home. (2) The provider shall promote the health, safety, and well-being of each resident residing in each licensed adult family home. (3) Adult family homes shall be maintained internally and externally in good repair... |
70.128.135 | Compliance with chapter70.24RCW. | Adult family homes shall comply with the provisions of chapter 70.24 RCW.
[ 2001 c 319 s 9 .] |
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 hom... |
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 ... |
70.128.155 | Resident contact information—Department requirements and duties. | (1) The department shall require each adult family home to: (a) Create and regularly maintain a current resident roster containing the name and room number of each resident and provide a written copy immediately upon an in-person request from any long-term care ombuds; (b) Create and regularly maintain current, accurat... |
70.128.160 | Department authority to take actions in response to noncompliance or violations—Civil penalties—Adult family home account. | (1) The department is authorized to take one or more of the actions listed in subsection (2) of this section in any case in which the department finds that an adult family home provider has: (a) Failed or refused to comply with the requirements of this chapter or the rules adopted under this chapter; (b) Operated an ad... |
70.128.163 | Temporary management program—Purposes—Voluntary participation—Temporary management duties, duration—Rules. | (1) When the department has summarily suspended a license, the licensee may, subject to the department's approval, elect to participate in a temporary management program. All provisions of this section shall apply. The purposes of a temporary management program are as follows: (a) To mitigate dislocation and transfer t... |
70.128.167 | Disputed violations, enforcement remedies—Informal dispute resolution process. | (1) The licensee or its designee has the right to an informal dispute resolution process to dispute any violation found or enforcement remedy imposed by the department during a licensing inspection or complaint investigation. The purpose of the informal dispute resolution process is to provide an opportunity for an exc... |
70.128.170 | Homes relying on prayer for healing—Application of chapter. | Nothing in this chapter or the rules adopted under it may be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents in any adult family home conducted by and for the adherents of a church or religious denomination who rely upon spiritual means alone through praye... |
70.128.200 | Toll-free telephone number for complaints—Discrimination or retaliation prohibited. | (1) The department shall maintain a toll-free telephone number for receiving complaints regarding adult family homes. (2) An adult family home shall post in a place and manner clearly visible to residents and visitors the department's toll-free complaint telephone number. (3) No adult family home shall discriminate or ... |
70.128.210 | Training standards review—Delivery system—Issues reviewed—Report to the legislature. | (1) The department of social and health services shall review, in coordination with the department of health, the state board of nursing, adult family home providers, assisted living facility providers, in-home personal care providers, and long-term care consumers and advocates, training standards for providers, reside... |
70.128.220 | Elder care—Professionalization of providers. | Adult family homes have developed rapidly in response to the health and social needs of the aging population in community settings, especially as the aging population has increased in proportion to the general population. The growing demand for elder care with a new focus on issues affecting senior citizens, including ... |
70.128.230 | Long-term caregiver training. | (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Caregiver" includes all adult family home resident managers and any person who provides residents with hands-on personal care on behalf of an adult family home, except volunteers who are directly sup... |
70.128.240 | Approval system—Department-approved training—Adoption of rules. | By March 1, 2002, the department must, by rule, create an approval system for those seeking to conduct department-approved training under RCW 70.128.230 , * 70.128.120 (5) and (6), and ** 70.128.130 (10). The department shall adopt rules based on recommendations of the community long-term care training and education st... |
70.128.250 | Required training and continuing education—Food safety training and testing. | The department shall implement, as part of the required training and continuing education, food safety training and testing integrated into the curriculum that meets the standards established by the state board of health pursuant to chapter 69.06 RCW. Individual food handler permits are not required for persons who beg... |
70.128.260 | Limitation on restrictive covenants. | (1) To effectuate the public policies of this chapter, restrictive covenants may not limit, directly or indirectly: (a) Persons with disabilities from living in an adult family home licensed under this chapter; or (b) Persons and legal entities from operating adult family homes licensed under this chapter, whether for-... |
70.128.270 | Legislative intent—Enacting recommendations included in the adult family home quality assurance panel report. | (1) The protection of vulnerable residents living in adult family homes and other long-term care facilities in the state is a matter of ongoing concern and grave importance. In 2011, the legislature examined problems with the quality of care and oversight of adult family homes in Washington. The 2011 legislature passed... |
70.128.280 | Required disclosure—Forms—Decrease in scope of care, services, activities—Notice—Increased needs of a resident—Denial of admission to a prospective resident—Department website. | (1) In order to enhance the selection of an appropriate adult family home, all adult family homes licensed under this chapter shall disclose the scope of, and charges for, the care, services, and activities provided by the home or customarily arranged for by the home. The disclosure must be provided to the home's resid... |
70.128.290 | Correction of a violation or deficiency—Not included in a home's report—Criteria. | (1) If during an inspection, reinspection, or complaint investigation by the department, an adult family home corrects a violation or deficiency that the department discovers, the department shall record and consider such violation or deficiency for purposes of the home's compliance history; however, the licensor or co... |
70.128.300 | Services for adult family home residents with a primary need of care related to a developmental or intellectual disability—Services for residents of adult family homes dedicated solely to dementia care—Design and implementation—Recommendations. | (1) Subject to the availability of amounts appropriated for this specific purpose, the developmental disabilities administration within the department shall work with stakeholders to design and implement services for individuals living in adult family homes who have a primary need of care related to a developmental or ... |
70.128.305 | Adult family home training network—Requirements. | (1) If the department has any contracts for personal care services with any adult family home represented by an exclusive bargaining representative: (a) Effective July 1, 2020, training required under this chapter for adult family homes must be available through an adult family home training network. (b) The exclusive ... |
70.128.306 | Stop placement orders and limited stop placement orders. | The department must require an adult family home that is subject to a stop placement order or limited stop placement order under RCW 70.128.160 to publicly post in a conspicuous place at the adult family home a standardized notice that the department has issued a stop placement order or limited stop placement order for... |
70.128.310 | Multistate nurse license—Conditions of employment. | (1) Beginning September 1, 2023, and annually thereafter, individuals that hold a multistate nurse license issued by a state other than Washington and are employed by adult family homes licensed under this chapter shall complete any demographic data surveys required by the board of nursing in rule as a condition of emp... |
70.128.901 | Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. | For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person... |
70.129.005 | Intent—Basic rights. | The legislature recognizes that long-term care facilities are a critical part of the state's long-term care services system. It is the intent of the legislature that individuals who reside in long-term care facilities receive appropriate services, be treated with courtesy, and continue to enjoy their basic civil and le... |
70.129.007 | Rights are minimal—Other rights not diminished. | The rights set forth in this chapter are the minimal rights guaranteed to all residents of long-term care facilities, and are not intended to diminish rights set forth in other state or federal laws that may contain additional rights.
[ 1994 c 214 s 20 .] |
70.129.010 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Chemical restraint" means a psychopharmacologic drug that is used for discipline or convenience and not required to treat the resident's medical symptoms. (2) "Department" means the department of state gov... |
70.129.020 | Exercise of rights. | The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident and assist the resident which include: (1) The resident has the right to exercise his or her r... |
70.129.030 | Notice of rights and services—Admission of individuals. | (1) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility. The notification must be made prior to or upon admission. Receipt of the in... |
70.129.040 | Protection of resident's funds—Financial affairs rights. | (1) The resident has the right to manage his or her financial affairs, and the facility may not require residents to deposit their personal funds with the facility. (2) Upon written authorization of a resident, if the facility agrees to manage the resident's personal funds, the facility must hold, safeguard, manage, an... |
70.129.050 | Privacy and confidentiality of personal and medical records. | The resident has the right to personal privacy and confidentiality of his or her personal and clinical records. (1) Personal privacy includes accommodations, medical treatment, written and telephone communications, personal care, visits, and meetings of family and resident groups. This does not require the facility to ... |
70.129.060 | Grievances. | A resident has the right to: (1) Voice grievances. Such grievances include those with respect to treatment that has been furnished as well as that which has not been furnished; and (2) Prompt efforts by the facility to resolve grievances the resident may have, including those with respect to the behavior of other resid... |
70.129.070 | Examination of survey or inspection results—Contact with client advocates. | A resident has the right to: (1) Examine the results of the most recent survey or inspection of the facility conducted by federal or state surveyors or inspectors and plans of correction in effect with respect to the facility. A notice that the results are available must be publicly posted with the facility's state lic... |
70.129.080 | Mail and telephone—Privacy in communications. | The resident has the right to privacy in communications, including the right to: (1) Send and promptly receive mail that is unopened; (2) Have access to stationery, postage, and writing implements at the resident's own expense; and (3) Have reasonable access within a reasonable time to the use of a telephone and other ... |
70.129.090 | Advocacy, access, and visitation rights. | (1) The resident has the right and the facility must not interfere with access to any resident by the following: (a) Any representative of the state; (b) The resident's individual physician; (c) The state long-term care ombuds as established under chapter 43.190 RCW; (d) The agency responsible for the protection and ad... |
70.129.100 | Personal property—Storage space. | (1) The resident has the right to retain and use personal possessions, including some furnishings, and appropriate clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents. (2) The facility shall, upon request, provide the resident with a lockable container or o... |
70.129.105 | Waiver of liability and resident rights limited. | No long-term care facility or nursing facility licensed under chapter 18.51 RCW shall require or request residents to sign waivers of potential liability for losses of personal property or injury, or to sign waivers of residents' rights set forth in this chapter or in the applicable licensing or certification laws.
[ 1... |
70.129.110 | Disclosure, transfer, and discharge requirements. | (1) The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless: (a) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility; (b) The safety of individuals in the facility is endang... |
70.129.120 | Restraints—Physical or chemical. | The resident has the right to be free from physical restraint or chemical restraint. This section does not require or prohibit facility staff from reviewing the judgment of the resident's physician in prescribing psychopharmacologic medications.
[ 1994 c 214 s 13 .] |
70.129.130 | Abuse, punishment, seclusion—Background checks. | The resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion. (1) The facility must not use verbal, mental, sexual, or physical abuse, including corporal punishment or involuntary seclusion. (2) Subject to available resources, the department of so... |
70.129.140 | Quality of life—Rights. | (1) The facility must promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality. (2) Within reasonable facility rules designed to protect the rights and quality of life of residents, the resident has the ri... |
70.129.150 | Disclosure of fees and notice requirements—Deposits. | (1) Prior to admission, all long-term care facilities or nursing facilities licensed under chapter 18.51 RCW that require payment of an admissions fee, deposit, or a minimum stay fee, by or on behalf of a person seeking admission to the long-term care facility or nursing facility, shall provide the resident, or residen... |
70.129.160 | Ombuds implementation duties. | The long-term care ombuds shall monitor implementation of this chapter and determine the degree to which veterans' homes, nursing facilities, adult family homes, enhanced services facilities, and assisted living facilities ensure that residents are able to exercise their rights. The long-term care ombuds shall consult ... |
70.129.170 | Nonjudicial remedies through regulatory authorities encouraged—Remedies cumulative. | The legislature intends that long-term care facility or nursing home residents, their family members or guardians, the long-term care ombuds, protection and advocacy personnel identified in RCW 70.129.110 (5) (e) and (f), and others who may seek to assist long-term care facility or nursing home residents, use the least... |
70.129.180 | Facility's policy on accepting medicaid as a payment source—Disclosure. | (1) A long-term care facility must fully disclose to residents the facility's policy on accepting medicaid as a payment source. The policy shall clearly state the circumstances under which the facility provides care for medicaid eligible residents and for residents who may later become eligible for medicaid. (2) The po... |
70.129.185 | Training materials for leadership and staff—Local health jurisdictions. | The department of social and health services and the department of health, in collaboration with the state office of the long-term care ombuds and representatives of long-term care facilities, shall develop training materials to educate the leadership and staff of local health jurisdictions on the state's long-term car... |
70.129.190 | Essential support person. | (1) In circumstances in which limitations must be placed on resident visitation due to a public health emergency or other threat to the health and safety of the residents and staff of a facility or nursing home, residents must still be allowed access to an essential support person, subject to reasonable limitations on ... |
70.129.901 | Conflict with federal requirements—1994 c 214. | If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not... |
70.136.010 | Legislative intent. | It is the intent of the legislature to promote and encourage advance planning, cooperation, and mutual assistance between applicable political subdivisions of the state and persons with equipment, personnel, and expertise in the handling of hazardous materials incidents, by establishing limitations on liability for tho... |
70.136.020 | Definitions. | The definitions set forth in this section apply throughout RCW 70.136.010 through 70.136.070 . (1) "Hazardous materials" means: (a) Materials which, if not contained may cause unacceptable risks to human life within a specified area adjacent to the spill, seepage, fire, explosion, or other release, and will, consequent... |
70.136.030 | Incident command agencies—Designation by political subdivisions. | The governing body of each applicable political subdivision of this state shall designate a hazardous materials incident command agency within its respective boundaries, and file this designation with the director of commerce. In designating an incident command agency, the political subdivision shall consider the train... |
70.136.035 | Incident command agencies—Assistance from state patrol. | In political subdivisions where an incident command agency has been designated, the Washington state patrol shall continue to respond with a supervisor to provide assistance to the incident command agency.
[ 1987 c 238 s 3 .] |
70.136.040 | Incident command agencies—Emergency assistance agreements. | Hazardous materials incident command agencies, so designated by all applicable political subdivisions of the state, are authorized and encouraged, prior to a hazardous materials incident, to enter individually or jointly into written hazardous materials emergency assistance agreements with any person whose knowledge or... |
70.136.050 | Persons and agencies rendering emergency aid in hazardous materials incidents—Immunity from liability—Limitations. | An incident command agency in the good faith performance of its duties, is not liable for civil damages resulting from any act or omission in the performance of its duties, other than acts or omissions constituting gross negligence or wilful or wanton misconduct. Any person or public agency whose assistance has been re... |
70.136.060 | Written emergency assistance agreements—Terms and conditions—Records. | Hazardous materials emergency assistance agreements which are executed prior to a hazardous materials incident shall include the following terms and conditions: (1) The person or public agency requested to assist shall not be obligated to assist; (2) The person or public agency requested to assist may act only under th... |
70.136.070 | Verbal emergency assistance agreements—Good Samaritan law—Notification—Form. | (1) Verbal hazardous materials emergency assistance agreements may be entered into at the scene of an incident where execution of a written agreement prior to the incident is not possible. A notification of the terms of this section shall be presented at the scene by the incident command agency or its representative to... |
70.136.080 | Type 1 or 2 hazardous material spill or release—Public meeting. | (1) If a type 1 or 2 hazardous material spill or release occurs, the department of ecology must provide for at least one public meeting to inform the public about the hazardous material spill or release. (2) A public meeting conducted under this section must allow for remote participation if technologically feasible an... |
70.155.005 | Legislative findings. | (1) The legislature finds that chapter 15, Laws of 2019 furthers the public health, safety, and welfare by reducing youth access to addictive and harmful products. (2) While present state law prohibits the sale and distribution of tobacco and vapor products to youth under the age of eighteen, youth obtain these product... |
70.155.010 | Definitions. | The definitions set forth in RCW 82.24.010 apply to this chapter. In addition, for the purposes of this chapter, unless otherwise required by the context: (1) "Board" means the Washington state liquor and cannabis board. (2) "Internet" means any computer network, telephonic network, or other electronic network. (3) "Sa... |
70.155.020 | Cigarette wholesaler or retailer licensee duties—Prohibition sign to be posted. | A person who holds a license issued under RCW 82.24.520 or 82.24.530 shall: (1) Display the license or a copy in a prominent location at the outlet for which the license is issued; and (2) Display a sign concerning the prohibition of tobacco sales to persons under the age of twenty-one. Such sign shall: (a) Be posted s... |
70.155.030 | Cigarette machine location. | (1) No person shall sell or permit to be sold any tobacco product through any device that mechanically dispenses tobacco products unless the device is located fully within premises from which persons under the age of twenty-one are prohibited or in industrial worksites where persons under the age of twenty-one are not ... |
70.155.040 | Cigarettes must be sold in original package—Exception. | No person shall sell or permit to be sold cigarettes not in the original unopened package or container to which the stamps required by RCW 82.24.060 have been affixed. This section does not apply to the sale of loose leaf tobacco by a retail business that generates a minimum of sixty percent of annual gross sales from ... |
70.155.050 | Sampling prohibited—Penalty. | (1) No person may engage in the business of sampling tobacco products. (2) A violation of this section is a misdemeanor.
[ 2006 c 14 s 3 ; 1993 c 507 s 6 .]
Reviser's note: In an order on motion for reconsideration and request for stay pending appeal dated September 25, 2006, the United States District Court for the We... |
70.155.070 | Coupons. | No person shall give or distribute cigarettes or other tobacco products to a person by a coupon if such coupon is redeemed in any manner that does not require an in-person transaction in a retail store.
[ 1993 c 507 s 8 .] |
70.155.080 | Purchasing, possessing by persons under 18—Civil infraction—Jurisdiction. | (1) A person under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to participation in up to four hours of community service and referral to a smoking cessation ... |
70.155.090 | Age identification requirement. | (1) Where there may be a question of a person's right to purchase or obtain tobacco products by reason of age, the retailer or agent thereof , shall require the purchaser to present any one of the following officially issued identification that shows the purchaser's age and bears his or her signature and photograph: (a... |
70.155.100 | Penalties, sanctions, and actions against licensees. | (1) The liquor and cannabis board may suspend or revoke a retailer's license issued under RCW 82.24.510 (1)(b) or 82.26.150 (1)(b) held by a business at any location, or may impose a monetary penalty as set forth in subsection (3) of this section, if the liquor and cannabis board finds that the licensee has violated RC... |
70.155.110 | Liquor and cannabis board authority. | (1) The board shall, in addition to the board's other powers and authorities, have the authority to enforce the provisions of this chapter and RCW 26.28.080 and 82.24.500 . The board shall have full power to revoke or suspend the license of any retailer or wholesaler in accordance with the provisions of RCW 70.155.100 ... |
70.155.120 | Youth tobacco and vapor products prevention account—Source and use of funds. | (1) The youth tobacco and vapor products prevention account is created in the state treasury. All fees collected pursuant to RCW 70.155.100 (3)(b), 82.24.520 , 82.24.530 , 82.26.160 , and 82.26.170 and funds collected by the board from the imposition of monetary penalties shall be deposited into this account, except th... |
70.155.130 | Preemption of political subdivisions. | This chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of tobacco product promotions and sales within retail stores, except that political subdivisions that have adopted ordinances prohibiting sampling by January 1, 1993, may continue to enforce these ordin... |
70.155.140 | Shipping or transporting tobacco products ordered or purchased by mail or through the internet prohibited—Penalty. | (1) A person may not: (a) Ship or transport, or cause to be shipped or transported, any tobacco product ordered or purchased by mail or through the internet to anyone in this state other than a licensed wholesaler or retailer; or (b) With knowledge or reason to know of the violation, provide substantial assistance to a... |
70.155.150 | Licensee compliance with certain other laws. | (1) A person who holds a license issued under chapter 82.24 or 82.26 RCW or RCW 70.345.020 must conduct the business and maintain the premises in compliance with Titles 9 and 9A RCW and chapter 69.50 RCW. (2) The board may revoke or suspend a license issued under chapter 82.24 or 82.26 RCW or RCW 70.345.020 upon suffic... |
70.157.005 | Findings and purpose. | (a) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. Th... |
70.157.010 | Definitions. | (a) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (b) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another per... |
70.157.020 | Requirements.(Contingent expiration date.) | Any tobacco product manufacturer selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after May 18, 1999, shall do one of the following: (a) become a participating manufacturer (as that term is defined in section II(jj) of the M... |
70.157.030 | Contingent expiration date—Court action. | If chapter 342, Laws of 2003 is held by a court of competent jurisdiction to be unconstitutional, then RCW 70.157.020 (b)(2)(B) shall be repealed in its entirety. If RCW 70.157.020 (b)(2) shall thereafter be held by a court of competent jurisdiction to be unconstitutional, then chapter 342, Laws of 2003 shall be repeal... |
70.158.010 | Findings. | The legislature finds that violations of RCW 70.157.020 threaten the integrity of the tobacco master settlement agreement, the fiscal soundness of the state, and the public health. The legislature finds the enacting procedural enhancements will help prevent violations and aid the enforcement of RCW 70.157.020 and there... |
70.158.020 | Definitions. | The following definitions apply to this chapter unless the context clearly requires otherwise. (1) "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol," "lights," "kings,"... |
70.158.030 | Tobacco product manufacturers—Certification—Attorney general to publish directory—Violations. | (1) Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a wholesaler, distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver on a form prescribed by the attorney general a certification to the attorney general, no later than the th... |
70.158.040 | Nonresident, nonparticipating manufacturers—Agent for service of process. | (1) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the directory, appoint and continually engage without interruption the service... |
70.158.050 | Reports, records—Confidentiality, disclosures, voluntary waivers—Escrow payments. | (1) In addition to the reporting requirements under *RCW 70.157.010 (j) and the rules adopted thereunder, not later than twenty-five calendar days after the end of each calendar month, and more frequently if directed by the director, each wholesaler and distributor shall submit information the director requires to faci... |
70.158.060 | Penalties—Application of consumer protection act. | (1) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a wholesaler has violated RCW 70.158.030 (3) or any rule adopted pursuant to this chapter, the director or the board may revoke or suspend the license of the wholesaler in the manner provided by chapter 82.24 ... |
70.158.070 | Attorney general's directory decision to be final agency action—Due dates for reports, certifications, directory—Rules—Costs—Penalties. | (1) A determination of the attorney general not to include or to remove from the directory a brand family or tobacco product manufacturer shall be final agency action for purposes of review under RCW 34.05.570 (4). (2) No person shall be issued a license or granted a renewal of a license to act as a wholesaler unless t... |
70.158.900 | Conflict of law—Severability—2003 c 25. | If a court of competent jurisdiction finds that the provisions of chapter 25, Laws of 2003 and chapter 70.157 RCW conflict and cannot be harmonized, then the provisions of chapter 70.157 RCW shall control. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of chapter 25, Laws of 2003 causes... |
70.158.901 | Effective date—2003 c 25. | This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003.
[ 2003 c 25 s 13 .] |
70.160.011 | Findings—Intent—2006 c 2 (Initiative Measure No. 901). | The people of the state of Washington recognize that exposure to secondhand smoke is known to cause cancer in humans. Secondhand smoke is a known cause of other diseases including pneumonia, asthma, bronchitis, and heart disease. Citizens are often exposed to secondhand smoke in the workplace, and are likely to develop... |
70.160.020 | Definitions. | As used in this chapter, the following terms have the meanings indicated unless the context clearly indicates otherwise. (1) "Smoke" or "smoking" means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. (2) "Public place" means that portion of any building or ... |
70.160.030 | Smoking prohibited in public places or places of employment. | No person may smoke in a public place or in any place of employment.
[ 2006 c 2 s 3 (Initiative Measure No. 901, approved November 8, 2005); 1985 c 236 s 3 .]
Captions not law — 2006 c 2 (Initiative Measure No. 901): See note following RCW 70.160.011 . |
70.160.050 | Owners, lessees to post signs prohibiting smoking. | Owners, or in the case of a leased or rented space the lessee or other person in charge, of a place regulated under this chapter shall prohibit smoking in public places and places of employment and shall post signs prohibiting smoking as appropriate under this chapter. Signs shall be posted conspicuously at each buildi... |
70.160.060 | Intent of chapter as applied to certain private workplaces. | This chapter is not intended to regulate smoking in a private enclosed workplace, within a public place, even though such workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by the chief of the Washington state patrol, through the director of fire protection, or by other law, ordinan... |
70.160.070 | Intentional violation of chapter—Removing, defacing, or destroying required sign—Fine—Notice of infraction—Exceptions—Violations of RCW70.160.050—Fine—Enforcement. | (1) Any person intentionally violating this chapter by smoking in a public place or place of employment, or any person removing, defacing, or destroying a sign required by this chapter, is subject to a civil fine of up to one hundred dollars. Any person passing by or through a public place while on a public sidewalk or... |
70.160.075 | Smoking prohibited within twenty-five feet of public places or places of employment—Application to modify presumptively reasonable minimum distance. | Smoking is prohibited within a presumptively reasonable minimum distance of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited so as to ensure that tobacco smoke does not enter the area through entrances, exits, open windows, or oth... |
70.160.080 | Local regulations authorized. | Local fire departments or fire districts and local health departments may adopt regulations as required to implement this chapter.
[ 1985 c 236 s 9 .] |
70.160.100 | Penalty assessed under this chapter paid to jurisdiction bringing action. | Any penalty assessed and recovered in an action brought under this chapter shall be paid to the city or county bringing the action.
[ 1985 c 236 s 8 .] |
70.162.005 | Finding—Intent. | The legislature finds that many Washington residents spend a significant amount of their time working indoors and that exposure to indoor air pollutants may occur in public buildings, schools, workplaces, and other indoor environments. Scientific studies indicate that pollutants common in the indoor air may include rad... |
70.162.010 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of labor and industries. (2) "Public agency" means a state office, commission, committee, bureau, or department. (3) "Industry standard" means the 62-1981R standard establi... |
70.162.020 | Department duties. | The department shall, in coordination with other appropriate state agencies: (1) Recommend a policy for evaluation and prioritization of state-owned or leased buildings with respect to indoor air quality; (2) Recommend stronger workplace regulation of indoor air quality under the Washington industrial safety and health... |
70.162.030 | State building code council duties. | The state building code council is directed to: (1) Review the state building code to determine the adequacy of current mechanical ventilation and filtration standards prescribed by the state compared to the industry standard; and (2) Make appropriate changes in the building code to bring the state prescribed standards... |
70.162.040 | Public agencies—Directive. | Public agencies are encouraged to: (1) Evaluate the adequacy of mechanical ventilation and filtration systems in light of the recommendations of the American society of heating, refrigerating, and air conditioning engineers and the building officials and code administrators international; and (2) Maintain and operate a... |
70.162.050 | Superintendent of public instruction—Model program. | (1) The superintendent of public instruction may implement a model indoor air quality program in a school district selected by the superintendent. (2) The superintendent shall ensure that the model program includes: (a) An initial evaluation by an indoor air quality expert of the current indoor air quality in the schoo... |
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