[WSBARP] Rental Heat ?

[scott at scottgthomaslaw.com]

Most local governments have adopted a code applicable to existing structures,
that establishes standards that a building must meet.  Several different
construction, maintenance, and/or housing codes address the topic, and so the
answer is dependent on what code is in place where the structure is located
(although as a practical matter most of the standards are very similar.)  What
follows is the applicable provision from the International Property Maintenance
Code, which has been adopted by many Washington governments (note that
governments can and do amend these provisions in these types of codes; a typical
amendment is to eliminate the clause describing the dates during which heat must
be available):

602.3 Heat supply. Every owner and operator of any building who rents, leases or
lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms,
either expressed or implied, to furnish heat to the occupants thereof shall
supply heat during the period from [DATE] to [DATE] to maintain a temperature of
not less than 68ºF (20ºC) in all habitable rooms, bathrooms, and toilet rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature
for the locality, maintenance of the minimum room temperature shall not be
required provided that the heating system is operating at its full design
capacity. The winter outdoor design temperature for the locality shall be as
indicated in Appendix D of the International Plumbing Code.
2. In areas where the average monthly temperature is above 30ºF (-1ºC) a minimum
temperature of 65ºF (18ºC) shall be maintained.

BTW, make sure the local building department will accept a portable heater
before relying on that as a heating source (if a local government building
department was my client, I would advise that they not accept a portable.
 Darned things start fires, and there is too much liability.)  Because we all
know that if LL fails to satisfy T, then T's next call is to the local building
department.

Scott Thomas


> On November 11, 2014 at 2:27 PM Justin Monro <justinm at monrolawfirm.com> wrote:
> 
> 
>  List mates:
> 
> 
> 
>  Client landlord has home rented. House is older.
> 
> 
> 
>  The house has baseboard heat in all rooms except the living room area.
> 
> 
> 
>  The landlord had a plug in type of heater that was taken out prior to rental
> to new tenants.
> 
> 
> 
>  Tenants are requesting that landlord provide heat in the living room area.
> 
> 
> 
>  Is this required that the landlord install heat in living room? Or some other
> alternative heating?
> 
> 
> 
>  Thanks
> 
> 
> 
> 
> 
>  Sincerely,
> 
> 
> 
> 
> 
>  Justin K. Monro
> 
>  Attorney at Law
> 
>  The Monro Law Firm P.S. Inc.
> 
>  1830 Bickford Ave. Ste 204
> 
>  Snohomish, WA 98290
> 
>  P:360.863.3728
> 
>  F:360.863.3985
> 
> 
> 
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Scott G. Thomas
Law Office of Scott G. Thomas
1204 Cleveland Avenue
Mount Vernon, WA 98273
(360) 503-1042
www.scottgthomaslaw.com

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