City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 10
Chapter 10.57
Section 10.57.170
 

Title 10 Regulation of Activities

Division II. License Code

Chapter 10.57 Regulation of Residential Rental Housing

Section 10.57.170 Portable Cooling Devices
  1. For purposes of this section a “portable cooling device” means air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor but not including devices whose installation or use requires alteration to the dwelling unit.
  1. A landlord may not prohibit or restrict a tenant from installing a portable cooling device of the tenant’s choosing, unless:
    1. The installation of the device would:
      1. Violate building codes or state or federal law; or
      1. Violate the device manufacture’s written safety guidelines for the device; or
      1. Cause unreasonable damage to the premises or render the premises uninhabitable; or
      1. Require amperage to power the device that cannot be accommodated by the power service to the building, dwelling unit or circuit; or
      1. The device would be installed in a window, and:
        1. The window is a necessary egress from the dwelling unit; or
        1. The device would interfere with the tenant’s ability to lock a window that is accessible from outside; or
        1. The device requires the excessive use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building or otherwise cause significant damages; or
        1. The restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or
        1. The restrictions require that the device be installed in a manner that prevents risk of falling.
    1. In addition to subsection (B)(1) of this section, the landlord may also require that the device be:
      1. Installed or removed by the landlord or landlord’s agent; or
      1. Subject to inspection or servicing by the landlord or landlord’s agent.
  1. A landlord who must limit portable cooling devices for a building under subsections (B)(1)(d) of this section shall prioritize allowing the use of devices for individuals who require a device to accommodate a disability as defined by state and federal law. A landlord is not responsible for any interruption in electrical service that is not caused by the landlord, including interruptions caused by an electrical supply’s inability to accommodate use of a portable cooling device.
  1. If a tenant fails to comply with a restriction on the installation or use of a portable cooling device under subsections (B) of this section, a landlord may issue notice to the tenant in accordance with RCW 59.18.160 and RCW 59.18.170.

Date Passed: Monday, June 10, 2024

Effective Date: Sunday, July 14, 2024

ORD C36523 Section 3