Title 10 Regulation of Activ ities
Div ision II. License Code
Chapter 10.57 Regulation of Residential Rental Housing
Section 10.57.170 Portable Cooling Devices
For purposes of this section a “portable cooling device” means air conditioners and evaporativ e 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.
A landlord may not prohibit or restrict a tenant from installing a portable cooling device of the tenant’s choosing, unless:
The installation of the device would:
Violate building codes or state or federal law; or
Violate the device manufacture’s written safety guidelines for the device; or
Cause unreasonable damage to the premises or render the premises uninhabitable; or
Require amperage to power the device that cannot be accommodated by the power service to the building, dwelling unit or circuit; or
The device would be installed in a window, and:
The window is a necessary egress from the dwelling unit; or
The device would interfere with the tenant’s ability to lock a window that is accessible from outside; or
The device requires the excessiv e 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
The restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or
The restrictions require that the device be installed in a manner that prevents risk of falling.
In addition to subsection (B)(1) of this section, the landlord may also require that the device be:
Installed or removed by the landlord or landlord’s agent; or
Subject to inspection or servicing by the landlord or landlord’s agent.
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 indiv iduals 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.
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
Effectiv e Date: Sunday, July 14, 2024
ORD C36523 Section 3