Washington § 49.26.013 - Inspection of construction projects required.

(1) Except as provided in subsection (2)(a)(ii) of this section, an owner or owner's agent who allows or authorizes any construction, renovation, remodeling, maintenance, repair, or demolition project which has a reasonable possibility, as defined by the department, of disturbing or releasing asbestos into the air, shall perform or cause to be performed, using practices approved by the department, a good faith inspection to determine whether the proposed project will disturb or release any material containing asbestos into the air.

Such inspections shall be conducted by persons meeting the accreditation requirements of the federal toxics substances control act, section 206(a) (1) and (3) (15 U.S.C. 2646(a) (1) and (3)).

An inspection under this section is not required if the owner or owner's agent is reasonably certain that asbestos will not be disturbed or assumes that asbestos will be disturbed by a project which involves construction, renovation, remodeling, maintenance, repair, or demolition and takes the maximum precautions as specified by all applicable federal and state requirements.

(2)(a)(i) Except as provided in RCW 49.26.125 and (a)(ii) of this subsection, the owner or owner's agent shall prepare and maintain a written report describing each inspection, or a statement of assumption of the presence or reasonable certainty of the absence of asbestos, and shall provide a copy of the written report or statement to all contractors before they apply or bid on work.

(ii) The department of transportation may include a good faith inspection into the scope of construction contracts for a project in lieu of conducting a good faith inspection prior to contractors bidding on the work if, prior to the start of demolition and construction, a contractor:

(A) Completes the good faith inspection;

(B) Prepares and maintains a written report describing each inspection, or a statement of assumption of the presence or reasonable certainty of the absence of asbestos; and

(C) Provides a copy of the report or statement to the department of transportation.

(b) Upon written or oral request, the owner or owner's agent shall make a copy of the written report or statement available to: (i) The department of labor and industries; (ii) contractors; and (iii) the collective bargaining representatives or employee representatives, if any, of employees who may be exposed to any asbestos or material containing asbestos.

(c) A copy of the report or statement shall be posted as prescribed by the department in a place that is easily accessible to such employees.

Findings—Intent—2025 c 417: See note following RCW 82.38.030.

Purpose—1989 c 154: "The purpose of chapter 154, Laws of 1989 is to make corrections to chapter 271, Laws of 1988, and to ensure that the changes made in that chapter meet the constitutional requirements of Article II, section 19 of the state Constitution." [ 1989 c 154 s 1.]

Severability—1989 c 154: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 154 s 14.]