Sidewalk Maintenance and Repair

December 2015

by Bill Christenson

Many of our residential neighborhoods and most municipal business districts have sidewalks along public right-of-ways providing public access throughout our communities.  Commonly, sidewalks are constructed with public funding by municipalities or as part of private site developments.  The general perception may be that maintenance and repair of these sidewalks is the responsibility of the city in which they are located, though this is not necessarily the case. 

The Revised Code of Washington (RCW) Chapter 35.69 allows city councils to place the duty, burden, and expense of sidewalk maintenance and repair upon the property owner directly abutting the improvement.  Several of our local cities including Seattle and Tacoma have adopted resolutions that require property owners to maintain sidewalks fit and safe for public travel.  The Seattle Department of Transportation and Tacoma Public Works Department identify several conditions for sidewalk repairs including:

·        Height differential or separation greater than ½”
·        Cracks, separation, or hole greater than 1” in width
·        Any piece of sidewalk that can be moved with ordinary foot pressure
·        Undermined sidewalks

Sidewalk repairs may include concrete grinding, slab jacking, filling of cracks and holes, tree root maintenance with an authorized arborist, or complete removal/replacement of damaged walks.  Repairs must also be performed in accordance with city current standards.  Most repairs will necessitate hiring a competent concrete contractor.

Typically sidewalk damages caused by city trees are the responsibility of the city.  The City of Seattle maintains an inventory of “city” trees that can be viewed at http://www.seattle.gov/transportation/treeinventory.htm.  Sidewalk damage caused by private trees may be the responsibility of the property owner.

Be aware that as an owner of commercial or residential property in Washington State, you may be responsible to keep the adjacent sidewalk properly maintained and repaired.  Check with your local municipality regarding sidewalk maintenance and repair requirements in your city.

Marijuana - Washington's Initiative 502

October 2015

by Mike Showalter

Washington is one of four States that allows recreational possession and use of marijuana. However under Federal law, marijuana remains a Schedule 1 substance under the Controlled Substances Act. That means that marijuana is in the same Schedule 1 category as Heroin, LSD, Mescaline, MDMA (ecstasy), GHB (date rape drug), and Quaaludes.  In Washington, distribution of marijuana remains a federal offense. Additionally, civil asset forfeiture laws allow the Federal government to seize property allowing illegal activity.

Under Recreational Marijuana Initiative 502, only licensed growers can cultivate marijuana and create edible marijuana products. Therefore it is illegal for anyone under the age of 21 to possess or use marijuana, or for anyone 21 years or older to possess or use publicly or to cultivate marijuana even for their own use.

Nondisclosure in real estate transactions can result in civil litigation and result in monetary damages or rescission of sale.  The Northwest multiple listing service (NW MLS) Seller Disclosure Form 17 # 7(J) asks “Has the property been used as an illegal drug manufacturing site?”  Homeowners and landlords should be strongly cautioned as to how they allow or restrict recreational marijuana possession and use.  Similarly, as condominium homeowners associations establish language governing recreational marijuana possession and use within their complexes, certainly it appears wise to prohibit cultivation.

For real estate Brokers, RCW 18.86.030 discusses Duties of a Broker: “(d) To disclose all existing material facts known by the broker and not apparent or readily ascertainable to a party; provided that this subsection shall not be construed to imply any duty to investigate matters that the broker has not agreed to investigate;”  Brokers who are aware that the tenants or sellers cultivated or possessed marijuana in excess of what is allowed in Initiative 502 may also have some liability should that disclosure not be made in Form 17 or separately by the Broker.

Homeowners Acting as General Contractor

November 2014

by Bill Christenson

There are many reasons why a homeowner may choose to act as the general contractor on a repair or remodel project for their home or even new construction of a residence.  Often times the thought of saving the contractor’s overhead and markup expense warrants the decision, sometimes it’s the individual challenge to build it yourself.  Whatever the reason, homeowners acting as the general contractor need to be aware of the potential liability they are accepting for the proper jobsite safety of all people working on or visiting the project site. 

Construction safety in the State of Washington is governed by the Washington Industrial Safety and Health Act (WISHA) addressed in the Revised Code of Washington (RCW), Chapter 49.17 and the Washington Administrative Code (WAC), Chapter 296-155 Safety Standards for Construction Work.  The rules and regulations for construction safety are stringent and somewhat complex with the underlying intent to provide a safe work place for all workers (employees).   RCW 49.17.060 stipulates that each employer shall furnish to each of his or her employees a place of employment free from recognized hazards that are causing or likely to cause serious injury or death to his employees.  The RCW as it relates to homeowners acting as general contractors defines “employer” in part as “any person, firm, corporation, partnership, business trust, legal representative or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is personal labor of such person or persons” (underlines added). 

Homeowners might be issued citations for violating safety and health requirements whenever they are functioning as general contractors and it is determined that the essence of the contract establishes the homeowner as controlling or directing the contractor’s day-to-day activities, e.g. setting work hours or controlling how payment/compensation occurs.  Additionally, a homeowner’s potential liability for any injury incurred by an employee or visitor while on the homeowner’s project site is a concern.  These individuals may also be seen as social or business invitees in the eye of the law and may fall under the umbrella of the homeowner’s liability.  It would be prudent for a homeowner wishing to act as the general contractor to first seek the advice of an insurance broker and an attorney to get the proper contracts and insurance coverage in place.

Homeowners need to be aware of their role and responsibilities if acting as a general contractor.  The Division of Occupational Safety and Health’s Directive 1.19 Homeowners as General Contractors (July 3, 2012) can be reviewed at http://www.lni.wa.gov/Safety/Rules/Policies/PDFs/WRD119.pdf.

2012 Washington State Energy Code

January, 2014

By Bill Christenson

The 2012 Washington State Energy Code (WSEC) went into effect July 1, 2013.  This new WSEC is now based on the 2012 International Energy Conservation Code with State amendments.  For residential construction this means better air sealing of the exterior envelope, more efficient windows, tighter sealing of duct work, and more high-efficacy lighting fixtures, plus many other changes from the 2009 code. 

As part of the building air tightness requirements, the code now allows the local building official to require an approved third party to inspect all components of air barrier system and verify compliance.  Air leakage testing using the blower door method is also required after visual inspection of all sealing components.  Test reports must be provided to the code official.  Here again the local building official can require the testing be performed by an approved third party. 

Duct work, air handlers and furnaces are all required to be sealed for air leakage.  Similar to the 2009 WSEC, duct work is required to be leak tested by a qualified technician.  Allowable duct leakage thresholds are stricter in the current code.  Replacement of an existing furnace, air handling unit or air conditioning unit also triggers the duct testing requirement of the duct system connected to the new or replacement equipment. 

Building insulation requirements at floors, walls and ceilings are consistent with the 2009 code, although the necessity for continuous exterior insulation on walls has been reduced to four counties in eastern Washington versus twelve per the 2009 code.  Window efficiency requirements have been increased in the 2012 code calling for a U-factor of 0.30, up from the prior U-factor of 0.34.  Also, the code mandates that a minimum of 75% of permanently installed lamps in lighting fixtures shall be high-efficacy lamps, up from 50% in the 2009 code. 

Section R406 of the code addresses additional energy efficiency requirements and mandatory energy credit criteria.  A typical single family residence (1500 sf – 5000 sf) now requires 1.5 energy credits in lieu of 1.0 credits previously.

Be informed and understand how the new code effects your project.  You can view the entire 2012 WSEC for residential construction at: www.energy.wsu.edu/BuildingEfficiency/EnergyCode.aspx

Select Changes in the 2012 WA State Building Code

October 2013

by Mike Showalter

The 2012 Washington State Building Code has been in effect since July 1, 2013.  Our last Bulletin gave an overview of the revision process and some examples of what to expect in the new code.  Following are select revisions updated from the 2009 IRC.

R507 Decks Modification:  All deck provisions have been relocated to a new section. Provisions related to placement of bolts and lags for deck ledge attachment to the band joist have been revised to correlate to the NDS.

R612.3 Testing and labeling exceptions:  1. Decorative glazed openings; 2. Custom exterior windows and doors manufactured by a small business shall be exempt from all testing requirements in Section R612 provided they meet the applicable provisions of Chapter 24 of the International Building Code.

R703.8 Flashing:  Approved corrosion-resistant flashing shall be installed at all of the following locations:  Exterior window and door openings. Flashing at exterior window and door openings shall extend to the surface of the exterior wall finish or to the water resistive barrier for subsequent drainage. Pan flashing is now required for window and door openings when flashing details are not provided by the manufacturer.

R903.4.1 Secondary (emergency overflow) drains or scuppers:  Where roof drains are required, secondary emergency overflow drains or scuppers shall be provided where the roof perimeter construction extends above the roof in such a manner that water will be entrapped if the primary drains allow buildup or any reason...The installation and sizing of overflow drains, leaders and conductors shall comply with the plumbing code.

R905.2.8.5 Roof Drip Edge Addition:  A roof drip edge is now required for asphalt shingles.

Be sure to review and keep up with changing codes and building practices.  For the 2012 WA State Building Code amendments go to  https://fortress.wa.gov/ga/apps/sbcc/Page.aspx?nid=14